II 

Calendar No. 168 

111TH CONGRESS 

1ST SESSION S. 1451 

[Report No. 111–82] 

To modernize the air traffic control system, improve the safety, reliability, 

and availability of transportation by air in the United States, provide 

for modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2009 

Mr. ROCKEFELLER (for himself, Mrs. HUTCHISON, Mr. DORGAN, and Mr. 

DEMINT) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

SEPTEMBER 29, 2009 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike all after the enacting clause and insert the part printed in italic] 

A BILL 

To modernize the air traffic control system, improve the 

safety, reliability, and availability of transportation by 

air in the United States, provide for modernization of 

the air traffic control system, reauthorize the Federal 

Aviation Administration, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘FAA Air Transportation Modernization and Safety Im4 provement Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to title 49, United States Code. 

Sec. 3. Effective date. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Operations. 

Sec. 102. Air navigation facilities and equipment. 

Sec. 103. Research and development. 

Sec. 104. Airport planning and development and noise compatibility planning 

and programs. 

Sec. 105. Other aviation programs. 

Sec. 106. Delineation of Next Generation Air Transportation System projects. 

Sec. 107. Funding for administrative expenses for airport programs. 

TITLE II—AIRPORT IMPROVEMENTS 

Sec. 201. Reform of passenger facility charge authority. 

Sec. 202. Passenger facility charge pilot program. 

Sec. 203. Amendments to grant assurances. 

Sec. 204. Government share of project costs. 

Sec. 205. Amendments to allowable costs. 

Sec. 206. Sale of private airport to public sponsor. 

Sec. 207. Government share of certain air project costs. 

Sec. 208. Miscellaneous amendments. 

Sec. 209. State block grant program. 

Sec. 210. Airport funding of special studies or reviews. 

Sec. 211. Grant eligibility for assessment of flight procedures. 

Sec. 212. Safety-critical airports. 

Sec. 213. Environmental mitigation demonstration pilot program. 

Sec. 214. Allowable project costs for airport development program. 

Sec. 215. Glycol recovery vehicles. 

Sec. 216. Research improvement for aircraft. 

Sec. 217. United States Territory minimum guarantee. 

Sec. 218. Merrill Field Airport, Anchorage, Alaska. 

TITLE III—AIR TRAFFIC CONTROL MODERNIZATION AND FAA 

REFORM 

Sec. 301. Air Traffic Control Modernization Oversight Board. 

Sec. 302. NextGen management. 

Sec. 303. Facilitation of next generation air traffic services. 

Sec. 304. Clarification of authority to enter into reimbursable agreements. 

Sec. 305. Clarification to acquisition reform authority. 


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Sec. 306. Assistance to other aviation authorities. 

Sec. 307. Presidential rank award program. 

Sec. 308. Next generation facilities needs assessment. 

Sec. 309. Next generation air transportation system implementation office. 

Sec. 310. Definition of air navigation facility. 

Sec. 311. Improved management of property inventory. 

Sec. 312. Educational requirements. 

Sec. 313. FAA personnel management system. 

Sec. 314. Acceleration of NextGen technologies. 

Sec. 315. ADS–B development and implementation. 

Sec. 316. Equipage incentives. 

Sec. 317. Performance metrics. 

Sec. 318. Certification standards and resources. 

Sec. 319. Unmanned aerial systems. 

Sec. 320. Surface Systems Program Office. 

Sec. 321. Stakeholder coordination. 

Sec. 322. FAA task force on air traffic control facility conditions. 

Sec. 323. State ADS–B equipage bank pilot program. 

Sec. 324. Definitions. 

TITLE IV—AIRLINE SERVICE AND SMALL COMMUNITY AIR 

SERVICE IMPROVEMENTS 

SUBTITLE A—CONSUMER PROTECTION 

Sec. 401. Airline customer service commitment. 

Sec. 402. Publication of customer service data and flight delay history. 

Sec. 403. Expansion of DOT airline consumer complaint investigations. 

Sec. 404. Establishment of advisory committee for aviation consumer protection. 

Sec. 405. Disclosure of passenger fees. 

SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL COMMUNITIES 

Sec. 411. EAS connectivity program. 

Sec. 412. Extension of final order establishing mileage adjustment eligibility. 

Sec. 413. EAS contract guidelines. 

Sec. 414. Conversion of former EAS airports. 

Sec. 415. EAS reform. 

Sec. 416. Small community air service. 

Sec. 417. EAS marketing. 

Sec. 418. Rural aviation improvement. 

SUBTITLE C—MISCELLANEOUS 

Sec. 431. Clarification of air carrier fee disputes. 

Sec. 432. Contract tower program. 

Sec. 433. Airfares for members of the Armed Forces. 

TITLE V—SAFETY 

SUBTITLE A—AVIATION SAFETY 

Sec. 501. Runway safety equipment plan. 

Sec. 502. Judicial review of denial of airman certificates. 

Sec. 503. Release of data relating to abandoned type certificates and supplemental type certificates. 


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Sec. 504. Design organization certificates. 

Sec. 505. FAA access to criminal history records or database systems. 

Sec. 506. Flight crew fatigue. 

Sec. 507. Increasing safety for helicopter and fixed wing emergency medical 

service operators and patients. 

Sec. 508. Cabin crew communication. 

Sec. 509. Clarification of memorandum of understanding with OSHA. 

Sec. 510. Acceleration of development and implementation of required navigation performance approach procedures. 

Sec. 511. Improved safety information. 

Sec. 512. Voluntary disclosure reporting process improvements. 

Sec. 513. Procedural improvements for inspections. 

Sec. 514. Independent review of safety issues. 

Sec. 515. National review team. 

Sec. 516. FAA Academy improvements. 

Sec. 517. Reduction of runway incursions and operational errors. 

Sec. 518. Aviation safety whistleblower investigation office. 

Sec. 519. Modification of customer service initiative. 

Sec. 520. Headquarters review of air transportation oversight system database. 

Sec. 521. Inspection of foreign repair stations. 

Sec. 522. Non-certificated maintenance providers. 

SUBTITLE B—FLIGHT SAFETY 

Sec. 551. Pilot applicant employment records. 

Sec. 552. Air carrier safety management systems. 

Sec. 553. Implementation of NTSB recommendations. 

Sec. 554. Improved Flight Operational Quality Assurance, Aviation Safety Action, and Line Operational Safety Audit programs. 

Sec. 555. Re-evaluation of flight crew training, testing, and certification requirements. 

Sec. 556. Safety inspections of regional air carriers. 

Sec. 557. Establishment of safety standards with respect to the training, hiring, 

and operation of aircraft by pilots. 

Sec. 558. Oversight of pilot training schools. 

Sec. 559. Definitions. 

TITLE VI—AVIATION RESEARCH 

Sec. 601. Airport cooperative research program. 

Sec. 602. Reduction of noise, emissions, and energy consumption from civilian 

aircraft. 

Sec. 603. Production of clean coal fuel technology for civilian aircraft. 

Sec. 604. Advisory committee on future of aeronautics. 

Sec. 605. Research program to improve airfield pavements. 

Sec. 606. Wake turbulence, volcanic ash, and weather research.

Sec. 607. Incorporation of unmanned aerial systems into FAA plans and policies. 

Sec. 608. Reauthorization of center of excellence in applied research and training in the use of advanced materials in transport aircraft. 

Sec. 609. Pilot program for zero emission airport vehicles. 

Sec. 610. Reduction of emissions from airport power sources. 

Sec. 611. Siting of windfarms near FAA navigational aides and other assets. 

TITLE VII—MISCELLANEOUS 


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Sec. 701. General authority. 

Sec. 702. Human intervention management study. 

Sec. 703. Airport program modifications. 

Sec. 704. Miscellaneous program extensions. 

Sec. 705. Extension of competitive access reports. 

Sec. 706. Update on overflights. 

Sec. 707. Technical corrections. 

Sec. 708. FAA technical training and staffing. 

Sec. 709. Commercial air tour operators in national parks. 

Sec. 710. Phaseout of Stage 1 and 2 aircraft. 

Sec. 711. Weight restrictions at Teterboro Airport. 

Sec. 712. Pilot program for redevelopment of airport properties. 

Sec. 713. Transporting musical instruments. 

Sec. 714. Recycling plans for airports. 

Sec. 715. Disadvantaged Business Enterprise Program adjustments. 

Sec. 716. Front line manager staffing. 

1 SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or a repeal of, a section or other 

5 provision, the reference shall be considered to be made to 

6 a section or other provision of title 49, United States 

7 Code. 

8 SEC. 3. EFFECTIVE DATE. 

9 Except as otherwise expressly provided, this Act and 

10 the amendments made by this Act shall take effect on the 

11 date of enactment. 

12 TITLE I—AUTHORIZATIONS 

13 SEC. 101. OPERATIONS. 

14 (a) IN GENERAL.—Section 106(k)(1) is amended by 

15 striking subparagraphs (A) through (D) and inserting the 

16 following: 

17 ‘‘(A) $9,336,000,000 for fiscal year 2010; 

18 and 


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1 ‘‘(B) $9,620,000,000 for fiscal year 

2 2011.’’. 

3 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

4 Section 48101(a) is amended by striking paragraphs 

5 (1) through (4) and inserting the following: 

6 ‘‘(1) $3,500,000,000 for fiscal year 2010, of 

7 which $500,000,000 is derived from the Air Traffic 

8 Control System Modernization Account of the Air9 port and Airways Trust Fund; and 

10 ‘‘(2) $3,600,000,000 for fiscal year 2011, of 

11 which $500,000,000 is derived from the Air Traffic 

12 Control System Modernization Account of the Air13 port and Airways Trust Fund.’’. 

14 SEC. 103. RESEARCH AND DEVELOPMENT. 

15 Section 48102 is amended— 

16 (1) by striking subsection (a) and inserting the 

17 following: 

18 ‘‘(a) IN GENERAL.—Not more than the following 

19 amounts may be appropriated to the Secretary of Trans20 portation out of the Airport and Airway Trust Fund es21 tablished under section 9502 of the Internal Revenue Code 

22 of 1986 (26 U.S.C. 9502) for conducting civil aviation re23 search and development under sections 44504, 44505, 

24 44507, 44509, and 44511 through 44513 of this title: 

25 ‘‘(1) $200,000,000 for fiscal year 2010. 


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1 ‘‘(2) $206,000,000 for fiscal year 2011.’’; 

2 (2) by striking subsections (c) through (h); and 

3 (3) by adding at the end the following: 

4 ‘‘(c) RESEARCH GRANTS PROGRAM INVOLVING UN5 DERGRADUATE STUDENTS.—The Administrator of the 

6 Federal Aviation Administration shall establish a program 

7 to utilize undergraduate and technical colleges, including 

8 Historically Black Colleges and Universities, Hispanic 

9 Serving Institutions, tribally controlled colleges and uni10 versities, and Alaska Native and Native Hawaiian serving 

11 institutions in research on subjects of relevance to the 

12 Federal Aviation Administration. Grants may be awarded 

13 under this subsection for— 

14 ‘‘(1) research projects to be carried out at pri15 marily undergraduate institutions and technical col16 leges; 

17 ‘‘(2) research projects that combine research at 

18 primarily undergraduate institutions and technical 

19 colleges with other research supported by the Fed20 eral Aviation Administration; 

21 ‘‘(3) research on future training requirements 

22 on projected changes in regulatory requirements for 

23 aircraft maintenance and power plant licensees; or 

24 ‘‘(4) research on the impact of new technologies 

25 and procedures, particularly those related to aircraft 


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1 flight deck and air traffic management functions, 

2 and on training requirements for pilots and air traf3 fic controllers.’’. 

4 SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND 

5 NOISE COMPATIBILITY PLANNING AND PRO6 GRAMS. 

7 Section 48103 is amended by striking paragraphs (1) 

8 through (4) and inserting the following: 

9 ‘‘(1) $4,000,000,000 for fiscal year 2010; and 

10 ‘‘(2) $4,100,000,000 for fiscal year 2011.’’. 

11 SEC. 105. OTHER AVIATION PROGRAMS. 

12 Section 48114 is amended— 

13 (1) by striking ‘‘2007’’ in subsection (a)(1)(A) 

14 and inserting ‘‘2011’’; 

15 (2) by striking ‘‘2007,’’ in subsection (a)(2) and 

16 inserting ‘‘2011,’’; and 

17 (3) by striking ‘‘2007’’ in subsection (c)(2) and 

18 inserting ‘‘2011’’. 

19 SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANS20 PORTATION SYSTEM PROJECTS. 

21 Section 44501(b) is amended— 

22 (1) by striking ‘‘and’’ after the semicolon in 

23 paragraph (3); 

24 (2) by striking ‘‘defense.’’ in paragraph (4) and 

25 inserting ‘‘defense; and’’; and 


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1 (3) by adding at the end thereof the following: 

2 ‘‘(5) a list of projects that are part of the Next 

3 Generation Air Transportation System and do not 

4 have as a primary purpose to operate or maintain 

5 the current air traffic control system.’’. 

6 SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR 

7 AIRPORT PROGRAMS. 

8 (a) IN GENERAL.—Section 48105 is amended to read 

9 as follows: 

10 ‘‘§ 48105. Airport programs administrative expenses 

11 ‘‘Of the amount made available under section 48103 

12 of this title, the following may be available for administra13 tive expenses relating to the Airport Improvement Pro14 gram, passenger facility charge approval and oversight, 

15 national airport system planning, airport standards devel16 opment and enforcement, airport certification, airport-re17 lated environmental activities (including legal services), 

18 and other airport-related activities (including airport tech19 nology research), to remain available until expended— 

20 ‘‘(1) for fiscal year 2010, $94,000,000; and 

21 ‘‘(2) for fiscal year 2011, $98,000,000.’’. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents for chapter 481 is amended by striking the item re24 lating to section 48105 and inserting the following: 

‘‘48105. Airport programs administrative expenses.’’. 


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1 TITLE II—AIRPORT 

2 IMPROVEMENTS 

3 SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AU4 THORITY. 

5 (a) PASSENGER FACILITY CHARGE STREAM6 LINING.—Section 40117(c) is amended to read as follows: 

7 ‘‘(c) PROCEDURAL REQUIREMENTS FOR IMPOSITION

8 OF PASSENGER FACILITY CHARGE.— 

9 ‘‘(1) IN GENERAL.—An eligible agency must 

10 submit to those air carriers and foreign air carriers 

11 operating at the airport with a significant business 

12 interest, as defined in paragraph (3), and to the 

13 Secretary and make available to the public annually 

14 a report, in the form required by the Secretary, on 

15 the status of the eligible agency’s passenger facility 

16 charge program, including— 

17 ‘‘(A) the total amount of program revenue 

18 held by the agency at the beginning of the 12 

19 months covered by the report; 

20 ‘‘(B) the total amount of program revenue 

21 collected by the agency during the period cov22 ered by the report; 

23 ‘‘(C) the amount of expenditures with pro24 gram revenue made by the agency on each eligiVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 ble airport-related project during the period 

2 covered by the report; 

3 ‘‘(D) each airport-related project for which 

4 the agency plans to collect and use program 

5 revenue during the next 12-month period cov6 ered by the report, including the amount of rev7 enue projected to be used for such project; 

8 ‘‘(E) the level of program revenue the 

9 agency plans to collect during the next 12- 

10 month period covered by the report; 

11 ‘‘(F) a description of the notice and con12 sultation process with air carriers and foreign 

13 air carriers under paragraph (3), and with the 

14 public under paragraph (4), including a copy of 

15 any adverse comments received and how the 

16 agency responded; and 

17 ‘‘(G) any other information on the pro18 gram that the Secretary may require. 

19 ‘‘(2) IMPLEMENTATION.—Subject to the re20 quirements of paragraphs (3), (4), (5), and (6), the 

21 eligible agency may implement the planned collection 

22 and use of passenger facility charges in accordance 

23 with its report upon filing the report as required in 

24 paragraph (1). 


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1 ‘‘(3) CONSULTATION WITH CARRIERS FOR NEW

2 PROJECTS.— 

3 ‘‘(A) An eligible agency proposing to col4 lect or use passenger facility charge revenue for 

5 a project not previously approved by the Sec6 retary or not included in a report required by 

7 paragraph (1) that was submitted in a prior 

8 year shall provide to air carriers and foreign air 

9 carriers operating at the airport reasonable no10 tice, and an opportunity to comment on the 

11 planned collection and use of program revenue 

12 before providing the report required under 

13 paragraph (1). The Secretary shall prescribe by 

14 regulation what constitutes reasonable notice 

15 under this paragraph, which shall at a min16 imum include— 

17 ‘‘(i) that the eligible agency provide to 

18 air carriers and foreign air carriers oper19 ating at the airport written notice of the 

20 planned collection and use of passenger fa21 cility charge revenue; 

22 ‘‘(ii) that the notice include a full de23 scription and justification for a proposed 

24 project; 


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1 ‘‘(iii) that the notice include a detailed 

2 financial plan for the proposed project; and 

3 ‘‘(iv) that the notice include the pro4 posed level for the passenger facility 

5 charge. 

6 ‘‘(B) An eligible agency providing notice 

7 and an opportunity for comment shall be 

8 deemed to have satisfied the requirements of 

9 this paragraph if the eligible agency provides 

10 such notice to air carriers and foreign air car11 riers that have a significant business interest at 

12 the airport. For purposes of this subparagraph, 

13 the term ‘significant business interest’ means 

14 an air carrier or foreign air carrier that— 

15 ‘‘(i) had not less than 1.0 percent of 

16 passenger boardings at the airport in the 

17 prior calendar year; 

18 ‘‘(ii) had at least 25,000 passenger 

19 boardings at the airport in the prior cal20 endar year; or 

21 ‘‘(iii) provides scheduled service at the 

22 airport. 

23 ‘‘(C) Not later than 45 days after written 

24 notice is provided under subparagraph (A), 

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1 vide written comments to the eligible agency in2 dicating its agreement or disagreement with the 

3 project or, if applicable, the proposed level for 

4 a passenger facility charge. 

5 ‘‘(D) The eligible agency may include, as 

6 part of the notice and comment process, a con7 sultation meeting to discuss the proposed 

8 project or, if applicable, the proposed level for 

9 a passenger facility charge. If the agency pro10 vides a consultation meeting, the written com11 ments specified in subparagraph (C) shall be 

12 due not later than 30 days after the meeting. 

13 ‘‘(4) PUBLIC NOTICE AND COMMENT.— 

14 ‘‘(A) An eligible agency proposing to col15 lect or use passenger facility charge revenue for 

16 a project not previously approved by the Sec17 retary or not included in a report required by 

18 paragraph (1) that was filed in a prior year 

19 shall provide reasonable notice and an oppor20 tunity for public comment on the planned col21 lection and use of program revenue before pro22 viding the report required in paragraph (1). 

23 ‘‘(B) The Secretary shall prescribe by reg24 ulation what constitutes reasonable notice under 


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1 this paragraph, which shall at a minimum re2 quire— 

3 ‘‘(i) that the eligible agency provide 

4 public notice of intent to collect a pas5 senger facility charge so as to inform those 

6 interested persons and agencies that may 

7 be affected; 

8 ‘‘(ii) appropriate methods of publica9 tion, which may include notice in local 

10 newspapers of general circulation or other 

11 local media, or posting of the notice on the 

12 agency’s Internet website; and 

13 ‘‘(iii) submission of public comments 

14 no later than 45 days after the date of the 

15 publication of the notice. 

16 ‘‘(5) OBJECTIONS.— 

17 ‘‘(A) Any interested person may file with 

18 the Secretary a written objection to a proposed 

19 project included in a notice under this para20 graph provided that the filing is made within 30 

21 days after submission of the report specified in 

22 paragraph (1). 

23 ‘‘(B) The Secretary shall provide not less 

24 than 30 days for the eligible agency to respond 

25 to any filed objection. 


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1 ‘‘(C) Not later than 90 days after receiving 

2 the eligible agency’s response to a filed objec3 tion, the Secretary shall make a determination 

4 whether or not to terminate authority to collect 

5 the passenger facility charge for the project, 

6 based on the filed objection. The Secretary shall 

7 state the reasons for any determination. The 

8 Secretary may only terminate authority if— 

9 ‘‘(i) the project is not an eligible air10 port related project; 

11 ‘‘(ii) the eligible agency has not com12 plied with the requirements of this section 

13 or the Secretary’s implementing regula14 tions in proposing the project; 

15 ‘‘(iii) the eligible agency has been 

16 found to be in violation of section 

17 47107(b) of this title and has failed to 

18 take corrective action, prior to the filing of 

19 the objection; or 

20 ‘‘(iv) in the case of a proposed in21 crease in the passenger facility charge 

22 level, the level is not authorized by this 

23 section. 

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1 pare an accounting of passenger facility revenue 

2 collected under the terminated authority and re3 store the funds for use on other authorized 

4 projects. 

5 ‘‘(E) Except as provided in subparagraph 

6 (C), the eligible agency may implement the 

7 planned collection and use of a passenger facil8 ity charge in accordance with its report upon 

9 filing the report as specified in paragraph 

10 (1)(A). 

11 ‘‘(6) APPROVAL REQUIREMENT FOR INCREASED

12 PASSENGER FACILITY CHARGE OR INTERMODAL

13 GROUND ACCESS PROJECT.— 

14 ‘‘(A) An eligible agency may not collect or 

15 use a passenger facility charge to finance an 

16 intermodal ground access project, or increase a 

17 passenger facility charge, unless the project is 

18 first approved by the Secretary in accordance 

19 with this paragraph. 

20 ‘‘(B) The eligible agency may submit to 

21 the Secretary an application for authority to 

22 impose a passenger facility charge for an inter23 modal ground access project or to increase a 

24 passenger facility charge. The application shall 

25 contain information and be in the form that the 


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1 Secretary may require by regulation but, at a 

2 minimum, must include copies of any comments 

3 received by the agency during the comment pe4 riod described by subparagraph (C). 

5 ‘‘(C) Before submitting an application 

6 under this paragraph, an eligible agency must 

7 provide air carriers and foreign air carriers op8 erating at the airport, and the public, reason9 able notice of and an opportunity to comment 

10 on a proposed intermodal ground access project 

11 or the increased passenger facility charge. Such 

12 notice and opportunity to comment shall con13 form to the requirements of paragraphs (3) and 

14 (4). 

15 ‘‘(D) After receiving an application, the 

16 Secretary may provide air carriers, foreign air 

17 carriers and other interested persons notice and 

18 an opportunity to comment on the application. 

19 The Secretary shall make a final decision on 

20 the application not later than 120 days after re21 ceiving it.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) REFERENCES.— 

24 (A) Section 40117(a) is amended— 


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1 (i) by striking ‘‘FEE’’ in the heading 

2 for paragraph (5) and inserting 

3 ‘‘CHARGE’’; and 

4 (ii) by striking ‘‘fee’’ each place it ap5 pears in paragraphs (5) and (6) and in6 serting ‘‘charge’’. 

7 (B) Subsections (b), and subsections (d) 

8 through (m), of section 40117 are amended— 

9 (i) by striking ‘‘fee’’ or ‘‘fees’’ each 

10 place either appears and inserting 

11 ‘‘charge’’ or ‘‘charges’’, respectively; and 

12 (ii) by striking ‘‘FEE’’ in the sub13 section caption for subsection (l), and 

14 ‘‘FEES’’ in the subsection captions for sub15 sections (e) and (m), and inserting 

16 ‘‘CHARGE’’ and ‘‘CHARGES’’, respectively. 

17 (C) The caption for section 40117 is 

18 amended to read as follows: 

19 ‘‘§ 40117. Passenger facility charges’’. 

20 (D) The table of contents for chapter 401 

21 is amended by striking the item relating to sec22 tion 40117 and inserting the following: 

‘‘40117. Passenger facility charges.’’. 

23 (2) LIMITATIONS ON APPROVING APPLICA24 TIONS.—Section 40117(d) is amended— 


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1 (A) by striking ‘‘subsection (c) of this sec2 tion to finance a specific’’ and inserting ‘‘sub3 section (c)(6) of this section to finance an inter4 modal ground access’’; 

5 (B) by striking ‘‘specific’’ in paragraph 

6 (1); 

7 (C) by striking paragraph (2) and insert8 ing the following: 

9 ‘‘(2) the project is an eligible airport-related 

10 project; and’’; 

11 (D) by striking ‘‘each of the specific 

12 projects; and’’ in paragraph (3) and inserting 

13 ‘‘the project.’’; and 

14 (E) by striking paragraph (4). 

15 (3) LIMITATIONS ON IMPOSING CHARGES.—Sec16 tion 40117(e)(1) is amended to read as follows: ‘‘(1) 

17 An eligible agency may impose a passenger facility 

18 charge only subject to terms the Secretary may pre19 scribe to carry out the objectives of this section.’’. 

20 (4) LIMITATIONS ON CONTRACTS, LEASES, AND

21 USE AGREEMENTS.—Section 40117(f)(2) is amended 

22 by striking ‘‘long-term’’. 

23 (5) COMPLIANCE.—Section 40117(h) is amend24 ed— 


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1 (A) by redesignating paragraph (3) as 

2 paragraph (4); and 

3 (B) by inserting after paragraph (2) the 

4 following: 

5 ‘‘(3) The Secretary may, on complaint of an in6 terested person or on the Secretary’s own initiative, 

7 conduct an investigation into an eligible agency’s col8 lection and use of passenger facility charge revenue 

9 to determine whether a passenger facility charge is 

10 excessive or that passenger facility revenue is not 

11 being used as provided in this section. The Secretary 

12 shall prescribe regulations establishing procedures 

13 for complaints and investigations. The regulations 

14 may provide for the issuance of a final agency deci15 sion without resort to an oral evidentiary hearing. 

16 The Secretary shall not accept complaints filed 

17 under this paragraph until after the issuance of reg18 ulations establishing complaint procedures.’’. 

19 (6) PILOT PROGRAM FOR PFC AT NONHUB AIR20 PORTS.—Section 40117(l) is amended— 

21 (A) by striking ‘‘(c)(2)’’ in paragraph (2) 

22 and inserting ‘‘(c)(3)’’; and 

23 (B) by striking ‘‘date that is 3 years after 

24 the date of issuance of regulations to carry out 

25 this subsection.’’ in paragraph (7) and inserting 


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1 ‘‘date of issuance of regulations to carry out 

2 subsection (c) of this section, as amended by 

3 the FAA Air Transportation Modernization and 

4 Safety Improvement Act.’’. 

5 (7) PROHIBITION ON APPROVING PFC APPLICA6 TIONS FOR AIRPORT REVENUE DIVERSION.—Section 

7 47111(e) is amended by striking ‘‘sponsor’’ the sec8 ond place it appears in the first sentence and all 

9 that follows and inserting ‘‘sponsor. A sponsor shall 

10 not propose collection or use of passenger facility 

11 charges for any new projects under paragraphs (3) 

12 through (6) of section 40117(c) unless the Secretary 

13 determines that the sponsor has taken corrective ac14 tion to address the violation and the violation no 

15 longer exists.’’. 

16 SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM. 

17 (a) IN GENERAL.—Section 40117 is amended by 

18 adding at the end thereof the following: 

19 ‘‘(n) ALTERNATIVE PASSENGER FACILITY CHARGE

20 COLLECTION PILOT PROGRAM.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish and conduct a pilot program at not more than 

23 6 airports under which an eligible agency may im24 pose a passenger facility charge under this section 

25 without regard to the dollar amount limitations set 


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1 forth in paragraph (1) or (4) of subsection (b) if the 

2 participating eligible agency meets the requirements 

3 of paragraph (2). 

4 ‘‘(2) COLLECTION REQUIREMENTS.— 

5 ‘‘(A) DIRECT COLLECTION.—An eligible 

6 agency participating in the pilot program— 

7 ‘‘(i) may collect the charge from the 

8 passenger at the facility, via the Internet, 

9 or in any other reasonable manner; but 

10 ‘‘(ii) may not require or permit the 

11 charge to be collected by an air carrier or 

12 foreign air carrier for the flight segment. 

13 ‘‘(B) PFC COLLECTION REQUIREMENT

14 NOT TO APPLY.—Subpart C of part 158 of title 

15 14, Code of Federal Regulations, does not apply 

16 to the collection of the passenger facility charge 

17 imposed by an eligible agency participating in 

18 the pilot program.’’. 

19 (b) GAO STUDY OF ALTERNATIVE MEANS OF COL20 LECTING PFCS.— 

21 (1) IN GENERAL.—The Comptroller General 

22 shall conduct a study of alternative means of collec23 tion passenger facility charges imposed under section 

24 40117 of title 49, United States Code, that would 

25 permit such charges to be collected without being inVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 cluded in the ticket price. In the study, the Comp2 troller General shall consider, at a minimum— 

3 (A) collection options for arriving, con4 necting, and departing passengers at airports; 

5 (B) cost sharing or fee allocation methods 

6 based on passenger travel to address connecting 

7 traffic; and 

8 (C) examples of airport fees collected by 

9 domestic and international airports that are not 

10 included in ticket prices. 

11 (2) REPORT.—No later than 1 year after the 

12 date of enactment of this Act, the Comptroller Gen13 eral shall submit a report on the study to the Senate 

14 Committee on Commerce, Science, and Transpor15 tation and the House of Representatives Committee 

16 on Transportation and Infrastructure containing the 

17 Comptroller General’s findings, conclusions, and rec18 ommendations. 

19 SEC. 203. AMENDMENTS TO GRANT ASSURANCES. 

20 Section 47107 is amended— 

21 (1) by striking ‘‘made;’’ in subsection 

22 (a)(16)(D)(ii) and inserting ‘‘made, except that, if 

23 there is a change in airport design standards that 

24 the Secretary determines is beyond the owner or op25 erator’s control that requires the relocation or reVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 placement of an existing airport facility, the Sec2 retary, upon the request of the owner or operator, 

3 may grant funds available under section 47114 to 

4 pay the cost of relocating or replacing such facil5 ity;’’; 

6 (2) by striking ‘‘purpose;’’ in subsection 

7 (c)(2)(A)(i) and inserting ‘‘purpose, which includes 

8 serving as noise buffer land;’’; 

9 (3) by striking ‘‘paid to the Secretary for de10 posit in the Fund if another eligible project does not 

11 exist.’’ in subsection (c)(2)(B)(iii) and inserting ‘‘re12 invested in another project at the airport or trans13 ferred to another airport as the Secretary pre14 scribes.’’; and 

15 (4) by redesignating paragraph (3) of sub16 section (c) as paragraph (4) and inserting after 

17 paragraph (2) the following: 

18 ‘‘(3) In approving the reinvestment or transfer of 

19 proceeds under paragraph (2)(C)(iii), the Secretary shall 

20 give preference, in descending order, to— 

21 ‘‘(i) reinvestment in an approved noise compat22 ibility project; 

23 ‘‘(ii) reinvestment in an approved project that is 

24 eligible for funding under section 47117(e); 


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1 ‘‘(iii) reinvestment in an airport development 

2 project that is eligible for funding under section 

3 47114, 47115, or 47117 and meets the requirements 

4 of this chapter; 

5 ‘‘(iv) transfer to the sponsor of another public 

6 airport to be reinvested in an approved noise com7 patibility project at such airport; and 

8 ‘‘(v) payment to the Secretary for deposit in the 

9 Airport and Airway Trust Fund established under 

10 section 9502 of the Internal Revenue Code of 1986 

11 (26 U.S.C. 9502).’’. 

12 SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS. 

13 (a) FEDERAL SHARE.—Section 47109 is amended— 

14 (1) by striking ‘‘subsection (b) or subsection 

15 (c)’’ in subsection (a) and inserting ‘‘subsection (b), 

16 (c), or (e)’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL

19 HUB TO MEDIUM HUB STATUS.—If the status of a small 

20 hub primary airport changes to a medium hub primary 

21 airport, the United States Government’s share of allow22 able project costs for the airport may not exceed 95 per23 cent for 2 fiscal years following such change in hub sta24 tus.’’. 


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1 (b) TRANSITIONING AIRPORTS.—Section 

2 47114(f)(3)(B) is amended by striking ‘‘year 2004.’’ and 

3 inserting ‘‘years 2010 and 2011.’’. 

4 SEC. 205. AMENDMENTS TO ALLOWABLE COSTS. 

5 Section 47110 is amended— 

6 (1) by striking subsection (d) and inserting the 

7 following: 

8 ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILI9 TIES.—The Secretary may determine that the costs of re10 locating or replacing an airport-owned facility are allow11 able for an airport development project at an airport only 

12 if— 

13 ‘‘(1) the Government’s share of such costs is 

14 paid with funds apportioned to the airport sponsor 

15 under sections 47114(c)(1) or 47114(d)(2); 

16 ‘‘(2) the Secretary determines that the reloca17 tion or replacement is required due to a change in 

18 the Secretary’s design standards; and 

19 ‘‘(3) the Secretary determines that the change 

20 is beyond the control of the airport sponsor.’’; and 

21 (2) by striking ‘‘facilities, including fuel farms 

22 and hangars,’’ in subsection (h) and inserting ‘‘fa23 cilities, as defined by section 47102,’’. 

24 SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 

25 Section 47133(b) is amended— 


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1 (1) by resetting the text of the subsection as an 

2 indented paragraph 2 ems from the left margin; 

3 (2) by inserting ‘‘(1)’’ before ‘‘Subsection’’; and 

4 (3) by adding at the end thereof the following: 

5 ‘‘(2) In the case of a privately owned airport, 

6 subsection (a) shall not apply to the proceeds from 

7 the sale of the airport to a public sponsor if— 

8 ‘‘(A) the sale is approved by the Secretary; 

9 ‘‘(B) funding is provided under this title 

10 for the public sponsor’s acquisition; and 

11 ‘‘(C) an amount equal to the remaining 

12 unamortized portion of the original grant, am13 ortized over a 20-year period, is repaid to the 

14 Secretary by the private owner for deposit in 

15 the Trust Fund for airport acquisitions. 

16 ‘‘(3) This subsection shall apply to grants 

17 issued on or after October 1, 1996.’’. 

18 SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT 

19 COSTS. 

20 Notwithstanding section 47109(a) of title 49, United 

21 States Code, the Federal Government’s share of allowable 

22 project costs for a grant made in fiscal year 2008, 2009, 

23 2010, or 2011 under chapter 471 of that title for a project 

24 described in paragraph (2) or (3) of that section shall be 

25 95 percent. 


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1 SEC. 208. MISCELLANEOUS AMENDMENTS. 

2 (a) TECHNICAL CHANGES TO NATIONAL PLAN OF

3 INTEGRATED AIRPORT SYSTEMS.—Section 47103 is 

4 amended— 

5 (1) by striking ‘‘each airport to—’’ in sub6 section (a) and inserting ‘‘the airport system to—’’; 

7 (2) by striking ‘‘system in the particular area;’’ 

8 in subsection (a)(1) and inserting ‘‘system, including 

9 connection to the surface transportation network; 

10 and’’; 

11 (3) by striking ‘‘aeronautics; and’’ in subsection 

12 (a)(2) and inserting ‘‘aeronautics.’’; 

13 (4) by striking subsection (a)(3); 

14 (5) by striking paragraph (2) of subsection (b) 

15 and redesignating paragraph (3) as paragraph (2); 

16 (6) by striking ‘‘operations, Short Takeoff and 

17 Landing/Very Short Takeoff and Landing aircraft 

18 operations,’’ in subsection (b)(2), as redesignated, 

19 and inserting ‘‘operations’’; and 

20 (7) by striking ‘‘status of the’’ in subsection 

21 (d). 

22 (b) UPDATE VETERANS PREFERENCE DEFINI23 TION.—Section 47112(c) is amended— 

24 (1) by striking ‘‘separated from’’ in paragraph 

25 (1)(B) and inserting ‘‘discharged or released from 

26 active duty in’’; 


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1 (2) by adding at the end of paragraph (1) the 

2 following: 

3 ‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 

4 individual who served on active duty, as defined by 

5 section 101(21) of title 38, at any time in the armed 

6 forces for a period of more than 180 consecutive 

7 days, any part of which occurred during the period 

8 beginning on September 11, 2001, and ending on 

9 the date prescribed by Presidential proclamation or 

10 by law as the last date of Operation Iraqi Free11 dom.’’; and 

12 (3) by striking ‘‘veterans and’’ in paragraph (2) 

13 and inserting ‘‘veterans, Afghanistan-Iraq war vet14 erans, and’’. 

15 (c) ANNUAL REPORT.—Section 47131(a) is amend16 ed— 

17 (1) by striking ‘‘April 1’’ and inserting ‘‘June 

18 1’’; and 

19 (2) by striking paragraphs (1) through (4) and 

20 inserting the following: 

21 ‘‘(1) a summary of airport development and 

22 planning completed; 

23 ‘‘(2) a summary of individual grants issued; 

24 ‘‘(3) an accounting of discretionary and appor25 tioned funds allocated; and 


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1 ‘‘(4) the allocation of appropriations; and’’. 

2 (d) SUNSET OF PROGRAM.—Section 47137 is re3 pealed effective September 30, 2008. 

4 (e) CORRECTION TO EMISSION CREDITS PROVI5 SION.—Section 47139 is amended— 

6 (1) by striking ‘‘47102(3)(F),’’ in subsection 

7 (a); 

8 (2) by striking ‘‘47102(3)(F),’’ in subsection 

9 (b); 

10 (3) by striking ‘‘47102(3)(L), or 47140’’ in 

11 subsection (b) and inserting ‘‘or 47102(3)(L),’’; 

12 (4) by striking ‘‘47103(3)(F), in subsection (b); 

13 and 

14 (5) by striking ‘‘47102(3)(L), or 47140,’’ in 

15 subsection (b) and inserting ‘‘or 47102(3)(L),’’. 

16 (f) CORRECTION TO SURPLUS PROPERTY AUTHOR17 ITY.—Section 47151(e) is amended by striking ‘‘(other 

18 than real property that is subject to section 2687 of title 

19 10, section 201 of the Defense Authorization Amendments 

20 and Base Closure and Realignment Act (10 U.S.C. 2687 

21 note), or section 2905 of the Defense Base Closure and 

22 Realignment Act of 1990 (10 U.S.C. 2687 note),’’. 

23 (g) AIRPORT CAPACITY BENCHMARK REPORTS; DEF24 INITION OF JOINT USE AIRPORT.—Section 47175 is 

25 amended— 


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1 (1) by striking ‘‘Airport Capacity Benchmark 

2 Report 2001.’’ in paragraph (2) and inserting ‘‘2001 

3 and 2004 Airport Capacity Benchmark Reports or 

4 of the most recent Benchmark report, Future Air5 port Capacity Task Report, or other comparable 

6 FAA report’’; and 

7 (2) by adding at the end thereof the following: 

8 ‘‘(7) JOINT USE AIRPORT.—The term ‘joint use 

9 airport’ means an airport owned by the United 

10 States Department of Defense, at which both mili11 tary and civilian aircraft make shared use of the air12 field.’’. 

13 (h) USE OF APPORTIONED AMOUNTS.—Section 

14 47117(e)(1)(A) is amended— 

15 (1) by striking ‘‘35 percent’’ in the first sen16 tence and inserting ‘‘$300,000,000’’; 

17 (2) by striking ‘‘and’’ after ‘‘47141,’’; 

18 (3) by striking ‘‘et seq.).’’ and inserting ‘‘et 

19 seq.), and for water quality mitigation projects to 

20 comply with the Act of June 30, 1948 (33 U.S.C. 

21 1251 et seq.), approved in an environmental record 

22 of decision for an airport development project under 

23 this title.’’; and 


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1 (4) by striking ‘‘such 35 percent requirement 

2 is’’ in the second sentence and inserting ‘‘the re3 quirements of the preceding sentence are’’. 

4 (i) USE OF PREVIOUS FISCAL YEAR’S APPORTION5 MENT.—Section 47114(c)(1) is amended— 

6 (1) by striking ‘‘and’’ after the semicolon in 

7 subparagraph (E)(ii); 

8 (2) by striking ‘‘airport.’’ in subparagraph 

9 (E)(iii) and inserting ‘‘airport; and’’; 

10 (3 by adding at the end of subparagraph (E) 

11 the following: 

12 ‘‘(iv) the airport received scheduled or 

13 unscheduled air service from a large cer14 tified air carrier (as defined in part 241 of 

15 title 14, Code of Federal Regulations, or 

16 such other regulations as may be issued by 

17 the Secretary under the authority of sec18 tion 41709) and the Secretary determines 

19 that the airport had more than 10,000 

20 passenger boardings in the preceding cal21 endar year, based on data submitted to the 

22 Secretary under part 241 of title 14, Code 

23 of Federal Regulations.’’; and 

24 (4) by adding at the end thereof the following: 


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1 ‘‘(H) SPECIAL RULE FOR FISCAL YEARS 2010 

2 AND 2011.—Notwithstanding subparagraph (A), for 

3 an airport that had more than 10,000 passenger 

4 boardings and scheduled passenger aircraft service 

5 in calendar year 2007, but in either calendar years 

6 2008 or 2009, or both years, the number of pas7 senger boardings decreased to a level below 10,000 

8 boardings per year at such airport, the Secretary 

9 may apportion in fiscal years 2010 or 2011 to the 

10 sponsor of such an airport an amount equal to the 

11 amount apportioned to that sponsor in fiscal year 

12 2009.’’. 

13 (j) Section 47102(3) is amended by adding at the end 

14 the following: 

15 ‘‘(M) construction of mobile refueler park16 ing within a fuel farm at a nonprimary airport 

17 meeting the requirements of section 112.8 of 

18 title 40, Code of Federal Regulations.’’. 

19 (k) Section 47115(g)(1) is amended by striking 

20 ‘‘of—’’ and all that follows and inserting ‘‘of 

21 $520,000,000. The amount credited is exclusive of 

22 amounts that have been apportioned in a prior fiscal year 

23 under section 47114 of this title and that remain available 

24 for obligation.’’. 


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1 SEC. 209. STATE BLOCK GRANT PROGRAM. 

2 Section 47128 is amended— 

3 (1) by striking ‘‘regulations’’ each place it ap4 pears in subsection (a) and inserting ‘‘guidance’’; 

5 (2) by striking ‘‘grant;’’ in subsection (b)(4) 

6 and inserting ‘‘grant, including Federal environ7 mental requirements or an agreed upon equivalent;’’; 

8 (3) by redesignating subsection (c) as sub9 section (d) and inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) PROJECT ANALYSIS AND COORDINATION RE12 QUIREMENTS.—Any Federal agency that must approve, li13 cense, or permit a proposed action by a participating State 

14 shall coordinate and consult with the State. The agency 

15 shall utilize the environmental analysis prepared by the 

16 State, provided it is adequate, or supplement that analysis 

17 as necessary to meet applicable Federal requirements.’’; 

18 and 

19 (4) by adding at the end the following: 

20 ‘‘(e) PILOT PROGRAM.—The Secretary shall establish 

21 a pilot program for up to 3 States that do not participate 

22 in the program established under subsection (a) that is 

23 consistent with the program under subsection (a).’’. 


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1 SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR RE2 VIEWS. 

3 Section 47173(a) is amended by striking ‘‘project.’’ 

4 and inserting ‘‘project, or to conduct special environmental 

5 studies related to a federally funded airport project or for 

6 special studies or reviews to support approved noise com7 patibility measures in a Part 150 program or environ8 mental mitigation in a Federal Aviation Administration 

9 Record of Decision or Finding of No Significant Impact.’’. 

10 SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 

11 PROCEDURES. 

12 Section 47504 is amended by adding at the end the 

13 following: 

14 ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE15 DURES.— 

16 ‘‘(1) The Secretary is authorized in accordance 

17 with subsection (c)(1) to make a grant to an airport 

18 operator to assist in completing environmental re19 view and assessment activities for proposals to im20 plement flight procedures that have been approved 

21 for airport noise compatibility planning purposes 

22 under subsection (b). 

23 ‘‘(2) The Administrator of the Federal Aviation 

24 Administration may accept funds from an airport 

25 sponsor, including funds provided to the sponsor 

26 under paragraph (1), to hire additional staff or obVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 tain the services of consultants in order to facilitate 

2 the timely processing, review and completion of envi3 ronmental activities associated with proposals to im4 plement flight procedures submitted and approved 

5 for airport noise compatibility planning purposes in 

6 accordance with this section. Funds received under 

7 this authority shall not be subject to the procedures 

8 applicable to the receipt of gifts by the Adminis9 trator.’’. 

10 SEC. 212. SAFETY-CRITICAL AIRPORTS. 

11 Section 47118(c) is amended— 

12 (1) by striking ‘‘or’’ after the semicolon in 

13 paragraph (1); 

14 (2) by striking ‘‘delays.’’ in paragraph (2) and 

15 inserting ‘‘delays; or’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(3) be critical to the safety of commercial, 

18 military, or general aviation in trans-oceanic 

19 flights.’’. 

20 SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION 

21 PILOT PROGRAM. 

22 (a) PILOT PROGRAM.—Subchapter I of chapter 471 

23 is amended by adding at the end thereof the following: 


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1 ‘‘§ 47143. Environmental mitigation demonstration 

2 pilot program 

3 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

4 shall carry out a pilot program involving not more than 

5 6 projects at public-use airports under which the Secretary 

6 may make grants to sponsors of such airports from funds 

7 apportioned under paragraph 47117(e)(1)(A) for use at 

8 such airports for environmental mitigation demonstration 

9 projects that will measurably reduce or mitigate aviation 

10 impacts on noise, air quality or water quality in the vicin11 ity of the airport. Notwithstanding any other provision of 

12 this subchapter, an environmental mitigation demonstra13 tion project approved under this section shall be treated 

14 as eligible for assistance under this subchapter. 

15 ‘‘(b) PARTICIPATION IN PILOT PROGRAM.—A public16 use airport shall be eligible for participation in the pilot. 

17 ‘‘(c) SELECTION CRITERIA.—In selecting from 

18 among applicants for participation in the pilot program, 

19 the Secretary may give priority consideration to environ20 mental mitigation demonstration projects that— 

21 ‘‘(1) will achieve the greatest reductions in air22 craft noise, airport emissions, or airport water qual23 ity impacts either on an absolute basis, or on a per24 dollar-of-funds expended basis; and 

25 ‘‘(2) will be implemented by an eligible consor26 tium. 


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1 ‘‘(d) FEDERAL SHARE.—Notwithstanding any other 

2 provision of this subchapter, the United States Govern3 ment’s share of the costs of a project carried out under 

4 this section shall be 50 percent. 

5 ‘‘(e) MAXIMUM AMOUNT.—Not more than 

6 $2,500,000 may be made available by the Secretary in 

7 grants under this section for any single project. 

8 ‘‘(f) IDENTIFYING BEST PRACTICES.—The Adminis9 trator may develop and publish information identifying 

10 best practices for reducing or mitigating aviation impacts 

11 on noise, air quality, or water quality in the vicinity of 

12 airports, based on the projects carried out under the pilot 

13 program. 

14 ‘‘(g) DEFINITIONS.—In this section: 

15 ‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eligi16 ble consortium’ means a consortium that comprises 

17 2 or more of the following entities: 

18 ‘‘(A) Businesses operating in the United 

19 States. 

20 ‘‘(B) Public or private educational or re21 search organizations located in the United 

22 States. 

23 ‘‘(C) Entities of State or local governments 

24 in the United States. 

25 ‘‘(D) Federal laboratories. 


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1 ‘‘(2) ENVIRONMENTAL MITIGATION DEM2 ONSTRATION PROJECT.—The term ‘environmental 

3 mitigation demonstration project’ means a project 

4 that— 

5 ‘‘(A) introduces new conceptual environ6 mental mitigation techniques or technology with 

7 associated benefits, which have already been 

8 proven in laboratory demonstrations; 

9 ‘‘(B) proposes methods for efficient adap10 tation or integration of new concepts to airport 

11 operations; and 

12 ‘‘(C) will demonstrate whether new tech13 niques or technology for environmental mitiga14 tion identified in research are— 

15 ‘‘(i) practical to implement at or near 

16 multiple public use airports; and 

17 ‘‘(ii) capable of reducing noise, airport 

18 emissions, or water quality impacts in 

19 measurably significant amounts.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for chapter 471 is amended by inserting after the 

22 item relating to section 47142 the following: 

‘‘47143. Environmental mitigation demonstration pilot program.’’. 

23 SEC. 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DE24 VELOPMENT PROGRAM. 

25 Section 47110(c) is amended— 


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1 (1) by striking ‘‘; or’’ in paragraph (1) and in2 serting a semicolon; 

3 (2) by striking ‘‘project.’’ in paragraph (2) and 

4 inserting ‘‘project; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(3) necessarily incurred in anticipation of se7 vere weather.’’. 

8 SEC. 215. GLYCOL RECOVERY VEHICLES. 

9 Section 47102(3)(G) is amended by inserting ‘‘in10 cluding acquiring glycol recovery vehicles,’’ after ‘‘air11 craft,’’. 

12 SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT. 

13 Section 44504(b) is amended— 

14 (1) by striking ‘‘and’’ after the semicolon in 

15 paragraph (6); 

16 (2) by striking ‘‘aircraft.’’ in paragraph (7) and 

17 inserting ‘‘aircraft; and’’; and 

18 (3) by adding at the end thereof the following: 

19 ‘‘(8) to conduct research to support programs 

20 designed to reduce gases and particulates emitted.’’. 

21 SEC. 217. UNITED STATES TERRITORY MINIMUM GUAR22 ANTEE. 

23 Section 47114(e) is amended— 


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1 (1) by inserting ‘‘AND ANY UNITED STATES

2 TERRITORY’’ after ‘‘ALASKA’’ in the subsection 

3 heading; and 

4 (2) by adding at the end thereof the following: 

5 ‘‘(5) UNITED STATES TERRITORY MINIMUM

6 GUARANTEE.—In any fiscal year in which the total 

7 amount apportioned to airports in a United States 

8 Territory under subsections (c) and (d) is less than 

9 1.5 percent of the total amount apportioned to all 

10 airports under those subsections, the Secretary may 

11 apportion to the local authority in any United States 

12 Territory responsible for airport development 

13 projects in that fiscal year an amount equal to the 

14 difference between 1.5 percent of the total amounts 

15 apportioned under subsections (c) and (d) in that 

16 fiscal year and the amount otherwise apportioned 

17 under those subsections to airports in a United 

18 States Territory in that fiscal year.’’. 

19 SEC. 218. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, including the Federal Airport Act (as in effect 

22 on August 8, 1958), the United States releases, without 

23 monetary consideration, all restrictions, conditions, and 

24 limitations on the use, encumbrance, or conveyance of cer25 tain land located in the municipality of Anchorage, Alaska, 


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1 more particularly described as Tracts 22 and 24 of the 

2 Fourth Addition to the Town Site of Anchorage, Alaska, 

3 as shown on the plat of U.S. Survey No. 1456, accepted 

4 June 13, 1923, on file in the Bureau of Land Manage5 ment, Department of Interior. 

6 (b) GRANTS.—Notwithstanding any other provision 

7 of law, the municipality of Anchorage shall be released 

8 from the repayment of any outstanding grant obligations 

9 owed by the municipality to the Federal Aviation Adminis10 tration with respect to any land described in subsection 

11 (a) that is subsequently conveyed to or used by the De12 partment of Transportation and Public Facilities of the 

13 State of Alaska for the construction or reconstruction of 

14 a federally subsidized highway project. 

15 TITLE III—AIR TRAFFIC CON16 TROL MODERNIZATION AND 

17 FAA REFORM 

18 SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVER19 SIGHT BOARD. 

20 Section 106(p) is amended to read as follows: 

21 ‘‘(p) AIR TRAFFIC CONTROL MODERNIZATION OVER22 SIGHT BOARD.— 

23 ‘‘(1) ESTABLISHMENT.—Within 90 days after 

24 the date of enactment of the FAA Air Transpor25 tation Modernization and Safety Improvement Act, 


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1 the Secretary shall establish and appoint the mem2 bers of an advisory Board which shall be known as 

3 the Air Traffic Control Modernization Oversight 

4 Board. 

5 ‘‘(2) MEMBERSHIP.—The Board shall be com6 prised of the individual appointed or designated 

7 under section 302 of the FAA Air Transportation 

8 Modernization and Safety Improvement Act (who 

9 shall serve ex officio without the right to vote) and 

10 7 other members, who shall consist of— 

11 ‘‘(A) the Administrator and a representa12 tive from the Department of Defense; 

13 ‘‘(B) 1 member who shall have a fiduciary 

14 responsibility to represent the public interest; 

15 and 

16 ‘‘(C) 4 members representing aviation in17 terests, as follows: 

18 ‘‘(i) 1 representative that is the chief 

19 executive officer of an airport. 

20 ‘‘(ii) 1 representative that is the chief 

21 executive officer of a passenger or cargo 

22 air carrier. 

23 ‘‘(iii) 1 representative of a labor orga24 nization representing employees at the 

25 Federal Aviation Administration that are 


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1 involved with the operation, maintenance 

2 or procurement of the air traffic control 

3 system. 

4 ‘‘(iv) 1 representative with extensive 

5 operational experience in the general avia6 tion community. 

7 ‘‘(3) APPOINTMENT AND QUALIFICATIONS.— 

8 ‘‘(A) Members of the Board appointed 

9 under paragraphs (2)(B) and (2)(C) shall be 

10 appointed by the President, by and with the ad11 vice and consent of the Senate. 

12 ‘‘(B) Members of the Board appointed 

13 under paragraph (2)(B) shall be citizens of the 

14 United States and shall be appointed without 

15 regard to political affiliation and solely on the 

16 basis of their professional experience and exper17 tise in one or more of the following areas and, 

18 in the aggregate, should collectively bring to 

19 bear expertise in— 

20 ‘‘(i) management of large service or21 ganizations; 

22 ‘‘(ii) customer service; 

23 ‘‘(iii) management of large procure24 ments; 


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1 ‘‘(iv) information and communications 

2 technology; 

3 ‘‘(v) organizational development; and 

4 ‘‘(vi) labor relations. 

5 ‘‘(C) Of the members first appointed under 

6 paragraphs (2)(B) and (2)(C)— 

7 ‘‘(i) 2 shall be appointed for terms of 

8 1 year; 

9 ‘‘(ii) 1 shall be appointed for a term 

10 of 2 years; 

11 ‘‘(iii) 1 shall be appointed for a term 

12 of 3 years; and 

13 ‘‘(iv) 1 shall be appointed for a term 

14 of 4 years. 

15 ‘‘(4) FUNCTIONS.— 

16 ‘‘(A) IN GENERAL.—The Board shall— 

17 ‘‘(i) review and provide advice on the 

18 Administration’s modernization programs, 

19 budget, and cost accounting system; 

20 ‘‘(ii) review the Administration’s stra21 tegic plan and make recommendations on 

22 the non-safety program portions of the 

23 plan, and provide advice on the safety pro24 grams of the plan; 


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1 ‘‘(iii) review the operational efficiency 

2 of the air traffic control system and make 

3 recommendations on the operational and 

4 performance metrics for that system; 

5 ‘‘(iv) approve procurements of air 

6 traffic control equipment in excess of 

7 $100,000,000; 

8 ‘‘(v) approve by July 31 of each year 

9 the Administrator’s budget request for fa10 cilities and equipment prior to its submis11 sion to the Office of Management and 

12 budget, including which programs are pro13 posed to be funded from the Air Traffic 

14 control system Modernization Account of 

15 the Airport and Airway Trust Fund; 

16 ‘‘(vi) approve the Federal Aviation 

17 Administration’s Capital Investment Plan 

18 prior to its submission to the Congress; 

19 ‘‘(vii) annually review and make rec20 ommendations on the NextGen Implemen21 tation Plan; 

22 ‘‘(viii) approve the Administrator’s se23 lection of the Chief NextGen Officer ap24 pointed or designated under section 302(a) 


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1 of the FAA Air Transportation Moderniza2 tion and Safety Improvement Act; and 

3 ‘‘(ix) approve the selection of the head 

4 of the Joint Planning and Development 

5 Office. 

6 ‘‘(B) MEETINGS.—The Board shall meet 

7 on a regular and periodic basis or at the call of 

8 the Chairman or of the Administrator. 

9 ‘‘(C) ACCESS TO DOCUMENTS AND

10 STAFF.—The Administration may give the 

11 Board appropriate access to relevant documents 

12 and personnel of the Administration, and the 

13 Administrator shall make available, consistent 

14 with the authority to withhold commercial and 

15 other proprietary information under section 552 

16 of title 5, cost data associated with the acquisi17 tion and operation of air traffic control systems. 

18 Any member of the Board who receives com19 mercial or other proprietary data from the Ad20 ministrator shall be subject to the provisions of 

21 section 1905 of title 18, pertaining to unauthor22 ized disclosure of such information. 

23 ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT

24 TO APPLY.—The Federal Advisory Committee Act (5 

25 U.S.C. App.) shall not apply to the Board or such 


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1 rulemaking committees as the Administrator shall 

2 designate. 

3 ‘‘(6) ADMINISTRATIVE MATTERS.— 

4 ‘‘(A) TERMS OF MEMBERS.—Except as 

5 provided in paragraph (3)(C), members of the 

6 Board appointed under paragraph (2)(B) and 

7 (2)(C) shall be appointed for a term of 4 years. 

8 ‘‘(B) REAPPOINTMENT.—No individual 

9 may be appointed to the Board for more than 

10 8 years total. 

11 ‘‘(C) VACANCY.—Any vacancy on the 

12 Board shall be filled in the same manner as the 

13 original position. Any member appointed to fill 

14 a vacancy occurring before the expiration of the 

15 term for which the member’s predecessor was 

16 appointed shall be appointed for a term of 4 

17 years. 

18 ‘‘(D) CONTINUATION IN OFFICE.—A mem19 ber of the Board whose term expires shall con20 tinue to serve until the date on which the mem21 ber’s successor takes office. 

22 ‘‘(E) REMOVAL.—Any member of the 

23 Board appointed under paragraph (2)(B) or 

24 (2)(C) may be removed by the President for 

25 cause. 


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1 ‘‘(F) CLAIMS AGAINST MEMBERS OF THE

2 BOARD.— 

3 ‘‘(i) IN GENERAL.—A member ap4 pointed to the Board shall have no per5 sonal liability under State or Federal law 

6 with respect to any claim arising out of or 

7 resulting from an act or omission by such 

8 member within the scope of service as a 

9 member of the Board. 

10 ‘‘(ii) EFFECT ON OTHER LAW.—This 

11 subparagraph shall not be construed— 

12 ‘‘(I) to affect any other immunity 

13 or protection that may be available to 

14 a member of the Board under applica15 ble law with respect to such trans16 actions; 

17 ‘‘(II) to affect any other right or 

18 remedy against the United States 

19 under applicable law; or 

20 ‘‘(III) to limit or alter in any way 

21 the immunities that are available 

22 under applicable law for Federal offi23 cers and employees. 


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1 ‘‘(G) ETHICAL CONSIDERATIONS.—Each 

2 member of the Board appointed under para3 graph (2)(B) must certify that the member— 

4 ‘‘(i) does not have a pecuniary interest 

5 in, or own stock in or bonds of, an aviation 

6 or aeronautical enterprise, except an inter7 est in a diversified mutual fund or an in8 terest that is exempt from the application 

9 of section 208 of title 18; 

10 ‘‘(ii) does not engage in another busi11 ness related to aviation or aeronautics; and 

12 ‘‘(iii) is not a member of any organi13 zation that engages, as a substantial part 

14 of its activities, in activities to influence 

15 aviation-related legislation. 

16 ‘‘(H) CHAIRMAN; VICE CHAIRMAN.—The 

17 Board shall elect a chair and a vice chair from 

18 among its members, each of whom shall serve 

19 for a term of 2 years. The vice chair shall per20 form the duties of the chairman in the absence 

21 of the chairman. 

22 ‘‘(I) COMPENSATON.—No member shall re23 ceive any compensation or other benefits from 

24 the Federal Government for serving on the 

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1 juries under subchapter I of chapter 81 of title 

2 5 and except as provided under subparagraph 

3 (J). 

4 ‘‘(J) EXPENSES.—Each member of the 

5 Board shall be paid actual travel expenses and 

6 per diem in lieu of subsistence expenses when 

7 away from his or her usual place of residence, 

8 in accordance with section 5703 of title 5. 

9 ‘‘(K) BOARD RESOURCES.—From re10 sources otherwise available to the Adminis11 trator, the Chairman shall appoint such staff to 

12 assist the board and provide impartial analysis, 

13 and the Administrator shall make available to 

14 the Board such information and administrative 

15 services and assistance, as may reasonably be 

16 required to enable the Board to carry out its re17 sponsibilities under this subsection. 

18 ‘‘(L) QUORUM AND VOTING.—A simple 

19 majority of members of the Board duly ap20 pointed shall constitute a quorum. A majority 

21 vote of members present and voting shall be re22 quired for the Committee to take action. 

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1 trol system’ has the meaning given that term in sec2 tion 40102(a).’’. 

3 SEC. 302. NEXTGEN MANAGEMENT. 

4 (a) IN GENERAL.—The Administrator shall appoint 

5 or designate an individual, as the Chief NextGen Officer, 

6 to be responsible for implementation of all Administration 

7 programs associated with the Next Generation Air Trans8 portation System. 

9 (b) SPECIFIC DUTIES.—The individual appointed or 

10 designated under subsection (a) shall— 

11 (1) oversee the implementation of all Adminis12 tration NextGen programs; 

13 (2) coordinate implementation of those 

14 NextGen programs with the Office of Management 

15 and Budget; 

16 (3) develop an annual NextGen implementation 

17 plan; and 

18 (4) oversee the Joint Planning and Develop19 ment Office’s facilitation of cooperation among all 

20 Federal agencies whose operations and interests are 

21 affected by implementation of the NextGen pro22 grams. 


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1 SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAF2 FIC SERVICES. 

3 Section 106(l) is amended by adding at the end the 

4 following: 

5 ‘‘(7) AIR TRAFFIC SERVICES.—In determining 

6 what actions to take, by rule or through an agree7 ment or transaction under paragraph (6) or under 

8 section 44502, to permit non-Government providers 

9 of communications, navigation, surveillance or other 

10 services to provide such services in the National Air11 space System, or to require the usage of such serv12 ices, the Administrator shall consider whether such 

13 actions would— 

14 ‘‘(A) promote the safety of life and prop15 erty; 

16 ‘‘(B) improve the efficiency of the National 

17 Airspace System and reduce the regulatory bur18 den upon National Airspace System users, 

19 based upon sound engineering principles, user 

20 operational requirements, and marketplace de21 mands; 

22 ‘‘(C) encourage competition and provide 

23 services to the largest feasible number of users; 

24 and 

25 ‘‘(D) take into account the unique role 

26 served by general aviation.’’. 


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1 SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO 

2 REIMBURSABLE AGREEMENTS. 

3 Section 106(m) is amended by striking ‘‘without’’ in 

4 the last sentence and inserting ‘‘with or without’’. 

5 SEC. 305. CLARIFICATION TO ACQUISITION REFORM AU6 THORITY. 

7 Section 40110(c) is amended— 

8 (1) by inserting ‘‘and’’ after the semicolon in 

9 paragraph (3); 

10 (2) by striking paragraph (4); and 

11 (3) by redesignating paragraph (5) as para12 graph (4). 

13 SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES. 

14 Section 40113(e) is amended— 

15 (1) by inserting ‘‘(whether public or private)’’ 

16 in paragraph (1) after ‘‘authorities’’; 

17 (2) by striking ‘‘safety.’’ in paragraph (1) and 

18 inserting ‘‘safety or efficiency. The Administrator is 

19 authorized to participate in, and submit offers in re20 sponse to, competitions to provide these services, 

21 and to contract with foreign aviation authorities to 

22 provide these services consistent with the provisions 

23 under section 106(l)(6) of this title. The Adminis24 trator is also authorized, notwithstanding any other 

25 provision of law or policy, to accept payments in ar26 rears.’’; and 


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1 (3) by striking ‘‘appropriation from which ex2 penses were incurred in providing such services.’’ in 

3 paragraph (3) and inserting ‘‘appropriation current 

4 when the expenditures are or were paid, or the ap5 propriation current when the amount is received.’’. 

6 SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM. 

7 Section 40122(g)(2) is amended— 

8 (1) by striking ‘‘and’’ after the semicolon in 

9 subparagraph (G); 

10 (2) by striking ‘‘Board.’’ in subparagraph (H) 

11 and inserting ‘‘Board; and’’; and 

12 (3) by inserting at the end the following new 

13 subparagraph: 

14 ‘‘(I) subsections (b), (c), and (d) of section 

15 4507 (relating to Meritorious Executive or Dis16 tinguished Executive rank awards), and sub17 sections (b) and (c) of section 4507a (relating 

18 to Meritorious Senior Professional or Distin19 guished Senior Professional rank awards), ex20 cept that— 

21 ‘‘(i) for purposes of applying such 

22 provisions to the personnel management 

23 system— 

24 ‘‘(I) the term ‘agency’ means the 

25 Department of Transportation; 


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1 ‘‘(II) the term ‘senior executive’ 

2 means a Federal Aviation Administra3 tion executive; 

4 ‘‘(III) the term ‘career appointee’ 

5 means a Federal Aviation Administra6 tion career executive; and 

7 ‘‘(IV) the term ‘senior career em8 ployee’ means a Federal Aviation Ad9 ministration career senior profes10 sional; 

11 ‘‘(ii) receipt by a career appointee of 

12 the rank of Meritorious Executive or Meri13 torious Senior Professional entitles such 

14 individual to a lump-sum payment of an 

15 amount equal to 20 percent of annual 

16 basic pay, which shall be in addition to the 

17 basic pay paid under the Federal Aviation 

18 Administration Executive Compensation 

19 Plan; and 

20 ‘‘(iii) receipt by a career appointee of 

21 the rank of Distinguished Executive or 

22 Distinguished Senior Professional entitles 

23 the individual to a lump-sum payment of 

24 an amount equal to 35 percent of annual 

25 basic pay, which shall be in addition to the 


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1 basic pay paid under the Federal Aviation 

2 Administration Executive Compensation 

3 Plan.’’. 

4 SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESS5 MENT. 

6 (a) FAA CRITERIA FOR FACILITIES REALIGN7 MENT.—Within 9 months after the date of enactment of 

8 this Act, the Administrator, after providing an opportunity 

9 for public comment, shall publish final criteria to be used 

10 in making the Administrator’s recommendations for the 

11 realignment of services and facilities to assist in the tran12 sition to next generation facilities and help reduce capital, 

13 operating, maintenance, and administrative costs with no 

14 adverse effect on safety. 

15 (b) REALIGNMENT RECOMMENDATIONS.—Within 9 

16 months after publication of the criteria, the Administrator 

17 shall publish a list of the services and facilities that the 

18 Administrator recommends for realignment, including a 

19 justification for each recommendation and a description 

20 of the costs and savings of such transition, in the Federal 

21 Register and allow 45 days for the submission of public 

22 comments to the Board. In addition, the Administrator 

23 upon request shall hold a public hearing in any community 

24 that would be affected by a recommendation in the report. 


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1 (c) STUDY BY BOARD.—The Air Traffic Control 

2 Modernization Oversight Board established by section 

3 106(p) of title 49, United States Code, shall study the Ad4 ministrator’s recommendations for realignment and the 

5 opportunities, risks, and benefits of realigning services and 

6 facilities of the Administration to help reduce capital, op7 erating, maintenance, and administrative costs with no ad8 verse effect on safety. 

9 (d) REVIEW AND RECOMMENDATIONS.— 

10 (1) Based on its review and analysis of the Ad11 ministrator’s recommendations and any public com12 ment it may receive, the Board shall make its inde13 pendent recommendations for realignment of avia14 tion services or facilities and submit its rec15 ommendations in a report to the President, the Sen16 ate Committee on Commerce, Science, and Trans17 portation, and the House of Representatives Com18 mittee on Transportation and Infrastructure. 

19 (2) The Board shall explain and justify in its 

20 report any recommendation made by the Board that 

21 is different from the recommendations made by the 

22 Administrator pursuant to subsection (b). 

23 (3) The Administrator may not consolidate any 

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1 ern California TRACON, or the Memphis TRACON 

2 until the Board’s recommendations are completed. 

3 (e) REALIGNMENT DEFINED.—In this section, the 

4 term ‘‘realignment’’— 

5 (1) means a relocation or reorganization of 

6 functions, services, or personnel positions, including 

7 a facility closure, consolidation, deconsolidation, col8 location, decombining, decoupling, split, or inter-fa9 cility or inter-regional reorganization that requires a 

10 reassignment of employees; but 

11 (2) does not include a reduction in personnel 

12 resulting from workload adjustments. 

13 SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYS14 TEM IMPLEMENTATION OFFICE. 

15 (a) IMPROVED COOPERATION AND COORDINATION

16 AMONG PARTICIPATING AGENCIES.—Section 709 of the 

17 Vision 100—Century of Aviation Reauthorization Act (49 

18 U.S.C. 40101 note) is amended— 

19 (1) by inserting ‘‘strategic and cross-agency’’ 

20 after ‘‘manage’’ in subsection (a)(1); 

21 (2) by adding at the end of subsection (a)(1) 

22 ‘‘The office shall be headed by a Director, who shall 

23 report to the Chief NextGen Officer appointed or 

24 designated under section 302(a) of the FAA Air 


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1 Transportation Modernization and Safety Improve2 ment Act.’’; 

3 (3) by inserting ‘‘(A)’’ after ‘‘(3)’’ in subsection 

4 (a)(3); 

5 (4) by inserting after subsection (a)(3) the fol6 lowing: 

7 ‘‘(B) The Administrator, the Secretary of 

8 Defense, the Administrator of the National Aer9 onautics and Space Administration, the Sec10 retary of Commerce, the Secretary of Homeland 

11 Security, and the head of any other Department 

12 or Federal agency from which the Secretary of 

13 Transportation requests assistance under sub14 paragraph (A) shall designate an implementa15 tion office to be responsible for— 

16 ‘‘(i) carrying out the Department or 

17 agency’s Next Generation Air Transpor18 tation System implementation activities 

19 with the Office; 

20 ‘‘(ii) liaison and coordination with 

21 other Departments and agencies involved 

22 in Next Generation Air Transportation 

23 System activities; and 

24 ‘‘(iii) managing all Next Generation 

25 Air Transportation System programs for 


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1 the Department or agency, including nec2 essary budgetary and staff resources, in3 cluding, for the Federal Aviation Adminis4 tration, those projects described in section 

5 44501(b)(5) of title 49, United States 

6 Code). 

7 ‘‘(C) The head of any such Department or 

8 agency shall ensure that— 

9 ‘‘(i) the Department’s or agency’s 

10 Next Generation Air Transportation Sys11 tem responsibilities are clearly commu12 nicated to the designated office; and 

13 ‘‘(ii) the performance of supervisory 

14 personnel in that office in carrying out the 

15 Department’s or agency’s Next Generation 

16 Air Transportation System responsibilities 

17 is reflected in their annual performance 

18 evaluations and compensation decisions. 

19 ‘‘(D)(i) Within 6 months after the date of 

20 enactment of the FAA Air Transportation Mod21 ernization and Safety Improvement Act, the 

22 head of each such Department or agency shall 

23 execute a memorandum of understanding with 

24 the Office and with the other Departments and 


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1 agencies participating in the Next Generation 

2 Air Transportation System project that— 

3 ‘‘(I) describes the respective respon4 sibilities of each such Department and 

5 agency, including budgetary commitments; 

6 and 

7 ‘‘(II) the budgetary and staff re8 sources committed to the project. 

9 ‘‘(ii) The memorandum shall be revised as 

10 necessary to reflect any changes in such respon11 sibilities or commitments and be reflected in 

12 each Department or agency’s budget request.’’; 

13 (5) by striking ‘‘beyond those currently included 

14 in the Federal Aviation Administration’s Operational 

15 Evolution Plan’’ in subsection (b); 

16 (6) by striking ‘‘research and development road17 map’’ in subsection (b)(3) and inserting ‘‘implemen18 tation plan’’; 

19 (7) by striking ‘‘and’’ after the semicolon in 

20 subsection (b)(3)(B); 

21 (8) by inserting after subsection (b)(3)(C) the 

22 following: 

23 ‘‘(D) a schedule of rulemakings required to 

24 issue regulations and guidelines for implementa25 tion of the Next Generation Air Transportation 


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1 System within a timeframe consistent with the 

2 integrated plan; and’’; 

3 (9) by inserting ‘‘and key technologies’’ after 

4 ‘‘concepts’’ in subsection (b)(4); 

5 (10) by striking ‘‘users’’ in subsection (b)(4) 

6 and inserting ‘‘users, an implementation plan,’’; 

7 (11) by adding at the end of subsection (b) the 

8 following: 

9 ‘‘Within 6 months after the date of enactment of the FAA 

10 Air Transportation Modernization and Safety Improve11 ment Act, the Administrator shall develop the implementa12 tion plan described in paragraph (3) of this subsection and 

13 shall update it annually thereafter.’’; and 

14 (12) by striking ‘‘2010.’’ in subsection (e) and 

15 inserting ‘‘2011.’’. 

16 (b) SENIOR POLICY COMMITTEE MEETINGS.—Sec17 tion 710(a) of such Act (49 U.S.C. 40101 note) is amend18 ed by striking ‘‘Secretary.’’ and inserting ‘‘Secretary and 

19 shall meet at least once each quarter.’’. 

20 SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY. 

21 Section 40102(a)(4) is amended— 

22 (1) by striking subparagraph (B) and inserting 

23 the following: 

24 ‘‘(B) runway lighting and airport surface 

25 visual and other navigation aids;’’; 


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1 (2) by striking ‘‘weather information, signaling, 

2 radio-directional finding, or radio or other electro3 magnetic communication; and’’ in subparagraph (C) 

4 and inserting ‘‘aeronautical and meteorological infor5 mation to air traffic control facilities or aircraft, 

6 supplying communication, navigation or surveillance 

7 equipment for air-to-ground or air-to-air applica8 tions;’’; 

9 (3) by striking ‘‘another structure’’ in subpara10 graph (D) and inserting ‘‘any structure or equip11 ment’’; 

12 (4) by striking ‘‘aircraft.’’ in subparagraph (D) 

13 and inserting ‘‘aircraft; and’’; and 

14 (5) by adding at the end the following: 

15 ‘‘(E) buildings, equipment and systems 

16 dedicated to the National Airspace System.’’. 

17 SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVEN18 TORY. 

19 Section 40110(a)(2) is amended by striking ‘‘com20 pensation; and’’ and inserting ‘‘compensation, and the 

21 amount received may be credited to the appropriation cur22 rent when the amount is received; and’’. 

23 SEC. 312. EDUCATIONAL REQUIREMENTS. 

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1 dren of those Administration employees in Puerto Rico 

2 and Guam as they are subject to transfer by policy and 

3 practice and meet the eligibility requirements of section 

4 2164(c) of title 10, United States Code. 

5 SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM. 

6 Section 40122(a)(2) is amended to read as follows: 

7 ‘‘(2) DISPUTE RESOLUTION.— 

8 ‘‘(A) MEDIATION.—If the Administrator 

9 does not reach an agreement under paragraph 

10 (1) or subsection (g)(2)(C) with the exclusive 

11 bargaining representatives, the services of the 

12 Federal Mediation and Conciliation Service 

13 shall be used to attempt to reach such agree14 ment in accordance with part 1425 of title 29, 

15 Code of Federal Regulations. The Adminis16 trator and bargaining representatives may by 

17 mutual agreement adopt procedures for the res18 olution of disputes or impasses arising in the 

19 negotiation of a collective-bargaining agree20 ment. 

21 ‘‘(B) BINDING ARBITRATION.—If the serv22 ices of the Federal Mediation and Conciliation 

23 Service under subparagraph (A) do not lead to 

24 an agreement, the Administrator and the bar25 gaining representatives shall submit their issues 


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1 in controversy to the Federal Service Impasses 

2 Panel in accordance with section 7119 of title 

3 5. The Panel shall assist the parties in resolv4 ing the impasse by asserting jurisdiction and 

5 ordering binding arbitration by a private arbi6 tration board consisting of 3 members in ac7 cordance with section 2471.6(a)(2)(ii) of title 5, 

8 Code of Federal Regulations. The executive di9 rector of the Panel shall request a list of not 

10 less than 15 names of arbitrators with Federal 

11 sector experience from the director of the Fed12 eral Mediation and Conciliation Service to be 

13 provided to the Administrator and the bar14 gaining representatives. Within 10 days after 

15 receiving the list, the parties shall each select 1 

16 person. The 2 arbitrators shall then select a 

17 third person from the list within 7 days. If the 

18 2 arbitrators are unable to agree on the third 

19 person, the parties shall select the third person 

20 by alternately striking names from the list until 

21 only 1 name remains. If the parties do not 

22 agree on the framing of the issues to be sub23 mitted, the arbitration board shall frame the 

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1 tunity to present evidence in support of their 

2 claims, and an opportunity to present their case 

3 in person, by counsel, or by other representative 

4 as they may elect. Decisions of the arbitration 

5 board shall be conclusive and binding upon the 

6 parties. The arbitration board shall render its 

7 decision within 90 days after its appointment. 

8 The Administrator and the bargaining rep9 resentative shall share costs of the arbitration 

10 equally. The arbitration board shall take into 

11 consideration the effect of its arbitration deci12 sions on the Federal Aviation Administration’s 

13 ability to attract and retain a qualified work14 force and the Federal Aviation Administration’s 

15 budget. 

16 ‘‘(C) EFFECT.—Upon reaching a voluntary 

17 agreement or at the conclusion of the binding 

18 arbitration under subparagraph (B) above, the 

19 final agreement, except for those matters de20 cided by the arbitration board, shall be subject 

21 to ratification by the exclusive representative, if 

22 so requested by the exclusive representative, 

23 and approval by the head of the agency in ac24 cordance with subsection (g)(2)(C). 


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1 ‘‘(D) ENFORCEMENT.—Enforcement of the 

2 provisions of this paragraph shall be in the 

3 United States District Court for the District of 

4 Columbia.’’. 

5 SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES. 

6 (a) OEP AIRPORT PROCEDURES.— 

7 (1) IN GENERAL.—Within 6 months after the 

8 date of enactment of this Act, the Administrator 

9 shall publish a report, after consultation with rep10 resentatives of appropriate Administration employee 

11 groups, airport operators, air carriers, and aircraft 

12 manufacturers that includes the following: 

13 (A) RNP/RNAV OPERATIONS.—The re14 quired navigation performance and area naviga15 tion operations, including the procedures to be 

16 developed, certified, and published and the air 

17 traffic control operational changes, to maximize 

18 the efficiency and capacity of NextGen commer19 cial operations at the 35 Operational Evolution 

20 Partnership airports identified by the Adminis21 tration. 

22 (B) COORDINATION AND IMPLEMENTATION

23 ACTIVITIES.—A description of the activities and 

24 operational changes and approvals required to 


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1 coordinate and utilize those procedures at those 

2 airports. 

3 (C) IMPLEMENTATION PLAN.—A plan for 

4 implementing those procedures that estab5 lishes— 

6 (i) clearly defined budget, schedule, 

7 project organization, and leadership re8 quirements; 

9 (ii) specific implementation and tran10 sition steps; and 

11 (iii) baseline and performance metrics 

12 for measuring the Administration’s 

13 progress in implementing the plan, includ14 ing the percentage utilization of required 

15 navigation performance in the National 

16 Airspace System. 

17 (D) COST/BENEFIT ANALYSIS FOR THIRD18 PARTY USAGE.—An assessment of the costs and 

19 benefits of using third parties to assist in the 

20 development of the procedures. 

21 (E) ADDITIONAL PROCEDURES.—A process 

22 for the identification, certification, and publica23 tion of additional required navigation perform24 ance and area navigation procedures that may 

25 be required at such airports in the future. 


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1 (2) IMPLEMENTATION SCHEDULE.—The Ad2 ministrator shall certify, publish, and implement— 

3 (A) 30 percent of the required procedures 

4 within 18 months after the date of enactment 

5 of this Act; 

6 (B) 60 percent of the procedures within 36 

7 months after the date of enactment of this Act; 

8 and 

9 (C) 100 percent of the procedures before 

10 January 1, 2014. 

11 (b) EXPANSION OF PLAN TO OTHER AIRPORTS.— 

12 (1) IN GENERAL.—No later than January 1, 

13 2014, the Administrator shall publish a report, after 

14 consultation with representatives of appropriate Ad15 ministration employee groups, airport operators, and 

16 air carriers, that includes a plan for applying the 

17 procedures, requirements, criteria, and metrics de18 scribed in subsection (a)(1) to other airports across 

19 the Nation. 

20 (2) IMPLEMENTATION SCHEDULE.—The Ad21 ministrator shall certify, publish, and implement— 

22 (A) 25 percent of the required procedures 

23 at such other airports before January 1, 2015; 

24 (B) 50 percent of the procedures at such 

25 other airports before January 1, 2016; 


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1 (C) 75 percent of the procedures at such 

2 other airports before January 1, 2017; and 

3 (D) 100 percent of the procedures before 

4 January 1, 2018. 

5 (c) ESTABLISHMENT OF PRIORITIES.—The Adminis6 trator shall extend the charter of the Performance Based 

7 Navigation Aviation Rulemaking Committee as necessary 

8 to authorize and request it to establish priorities for the 

9 development, certification, publication, and implementa10 tion of the navigation performance and area navigation 

11 procedures based on their potential safety and congestion 

12 benefits. 

13 (d) COORDINATED AND EXPEDITED REVIEW.—Navi14 gation performance and area navigation procedures devel15 oped, certified, published, and implemented under this sec16 tion shall be presumed to be covered by a categorical ex17 clusion (as defined in section 1508.4 of title 40, Code of 

18 Federal Regulations) under chapter 3 of FAA Order 

19 1050.1E unless the Administrator determines that ex20 traordinary circumstances exist with respect to the proce21 dure. 

22 (e) DEPLOYMENT PLAN FOR NATIONWIDE DATA

23 COMMUNICATIONS SYSTEM.—Within 1 year after the date 

24 of enactment of this Act, the Administrator shall submit 

25 a plan for implementation of a nationwide communications 


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1 system to the Senate Committee on Commerce, Science, 

2 and Transportation and the House of Representatives 

3 Committee on Transportation and Infrastructure. The 

4 plan shall include— 

5 (1) clearly defined budget, schedule, project or6 ganization, and leadership requirements; 

7 (2) specific implementation and transition 

8 steps; and 

9 (3) baseline and performance metrics for meas10 uring the Administration’s progress in implementing 

11 the plan. 

12 (f) IMPROVED PERFORMANCE STANDARDS.—Within 

13 90 days after the date of enactment of this Act, the Ad14 ministrator shall submit a report to the Senate committee 

15 on commerce, Science, and Transportation and the House 

16 of Representatives Committee on Transportation and In17 frastructure that— 

18 (1) evaluates whether utilization of ADS–B, 

19 RNP, and other technologies as part of the NextGen 

20 Air Transportation System implementation plan will 

21 display the position of aircraft more accurately and 

22 frequently so as to enable a more efficient use of ex23 isting airspace and result in reduced consumption of 

24 aviation fuel and aircraft engine emissions; 


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1 (2) evaluates the feasibility of reducing aircraft 

2 separation standards in a safe manner as a result of 

3 implementation of such technologies; and 

4 (3) if the Administrator determines that such 

5 standards can be reduced safely, includes a timetable 

6 for implementation of such reduced standards. 

7 SEC. 315. ADS–B DEVELOPMENT AND IMPLEMENTATION. 

8 (a) IN GENERAL.— 

9 (1) REPORT REQUIRED.—Within 90 days after 

10 the date of enactment of this Act, the Administrator 

11 shall submit a report to the Senate Committee on 

12 Commerce, Science, and Transportation and the 

13 House of Representatives Committee on Transpor14 tation and Infrastructure detailing the Administra15 tion’s program and schedule for integrating ADS–B 

16 technology into the National Airspace System. The 

17 report shall include— 

18 (A) a clearly defined budget, schedule, 

19 project organization, leadership, and the spe20 cific implementation or transition steps required 

21 to achieve these ADS–B ground station instal22 lation goals; 

23 (B) a transition plan for ADS–B that in24 cludes date-specific milestones for the impleVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 mentation of new capabilities into the National 

2 Airspace System; 

3 (C) identification of any potential oper4 ational or workforce changes resulting from de5 ployment of ADS–B; 

6 (D) detailed plans and schedules for imple7 mentation of advanced operational procedures 

8 and ADS–B air-to-air applications; and 

9 (E) baseline and performance metrics in 

10 order to measure the agency’s progress. 

11 (2) IDENTIFICATION AND MEASUREMENT OF

12 BENEFITS.—In the report required by paragraph 

13 (1), the Administrator shall identify actual benefits 

14 that will accrue to National Airspace System users 

15 from deployment of ADS–B and provide and expla16 nation of the metrics used to quantify those benefits. 

17 (b) RULEMAKINGS.— 

18 (1) ADS–B OUT.—Not later than 45 days after 

19 the date of enactment of this Act the Administrator 

20 shall— 

21 (A) complete the initial rulemaking pro22 ceeding (Docket No. FAA–2007–29305; Notice 

23 No. 07–15; 72 FR 56947) to issue guidelines 

24 and regulations for ADS–B Out technology 

25 that— 


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1 (i) identify the ADS–B Out tech2 nology that will be required under 

3 NextGen; 

4 (ii) subject to paragraph (3), require 

5 all aircraft to be equipped with such tech6 nology by 2015; and 

7 (iii) identify— 

8 (I) the type of such avionics re9 quired of aircraft for all classes of air10 space; 

11 (II) the expected costs associated 

12 with the avionics; and 

13 (III) the expected uses and bene14 fits of the avionics; and 

15 (B) initiate a rulemaking proceeding to 

16 issue any additional guidelines and regulations 

17 for ADS–B Out technology not addressed in the 

18 initial rulemaking. 

19 (2) ADS–B IN.—Not later than 45 days after 

20 the date of enactment of this Act the Administrator 

21 shall initiate a rulemaking proceeding to issue guide22 lines and regulations for ADS–B In technology 

23 that— 

24 (A) identify the ADS–B In technology that 

25 will be required under NextGen; 


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1 (B) subject to paragraph (3), require all 

2 aircraft to be equipped with such technology by 

3 2018; and 

4 (C) identify— 

5 (i) the type of such avionics required 

6 of aircraft for all classes of airspace; 

7 (ii) the expected costs associated with 

8 the avionics; and 

9 (iii) the expected uses and benefits of 

10 the avionics. 

11 (3) READINESS VERIFICATION.—Before the 

12 date on which all aircraft are required to be 

13 equipped with ADS–B technology pursuant to 

14 rulemakings under paragraphs (1) and (2), the Air 

15 Traffic Control Modernization Oversight Board shall 

16 verify that— 

17 (A) the necessary ground infrastructure is 

18 installed and functioning properly; 

19 (B) certification standards have been ap20 proved; and 

21 (C) appropriate operational platforms 

22 interface safely and efficiently. 

23 (c) USES.—Within 18 months after the date of enact24 ment of this Act, the Administrator shall develop, in con25 sultation with appropriate employee groups, a plan for the 


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1 use of ADS–B technology for surveillance and active air 

2 traffic control by 2015. The plans shall— 

3 (1) include provisions to test the use of ADS– 

4 B prior to the 2015 deadline for surveillance and ac5 tive air traffic control in specific regions of the coun6 try with the most congested airspace; 

7 (2) identify the equipment required at air traf8 fic control facilities and the training required for air 

9 traffic controllers; 

10 (3) develop procedures, in consultation with ap11 propriate employee groups, to conduct air traffic 

12 management in mixed equipage environments; and 

13 (4) establish a policy in these test regions, with 

14 consultation from appropriate employee groups, to 

15 provide incentives for equipage with ADS–B tech16 nology by giving priority to aircraft equipped with 

17 such technology before the 2015 and 2018 equipage 

18 deadlines. 

19 SEC. 316. EQUIPAGE INCENTIVES. 

20 (a) IN GENERAL.—The Administrator shall issue a 

21 report that— 

22 (1) identifies incentive options to encourage the 

23 equipage of aircraft with NextGen technologies, in24 cluding a policy that gives priority to aircraft 

25 equipped with ADS–B technology; 


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1 (2) identifies the costs and benefits of each op2 tion; and 

3 (3) includes input from industry stakeholders, 

4 including passenger and cargo air carriers, aerospace 

5 manufacturers, and general aviation aircraft opera6 tors. 

7 (b) DEADLINE.—The Administrator shall issue the 

8 report before the earlier of— 

9 (1) the date that is 6 months after the date of 

10 enactment of this Act; or 

11 (2) the date on which aircraft are required to 

12 be equipped with ADS–B technology pursuant to 

13 rulemakings under section 315(b) of this Act. 

14 SEC. 317. PERFORMANCE METRICS. 

15 (a) IN GENERAL.—No later than June 1, 2010, the 

16 Administrator shall establish and track National Airspace 

17 System performance metrics, including, at a minimum— 

18 (1) the allowable operations per hour on run19 ways; 

20 (2) average gate-to-gate times; 

21 (3) fuel burned between key city pairs; 

22 (4) operations using the advanced procedures 

23 implemented under section 314 of this Act; 

24 (5) average distance flown between key city 

25 pairs; 


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1 (6) time between pushing back from the gate 

2 and taking off; 

3 (7) uninterrupted climb or descent; 

4 (8) average gate arrival delay for all arrivals; 

5 (9) flown versus filed flight times for key city 

6 pairs; and 

7 (10) metrics to demonstrate reduced fuel burn 

8 and reduced emissions. 

9 (b) OPTIMAL BASELINES.—The Administrator, in 

10 consultation with aviation industry stakeholders, shall 

11 identify optimal baselines for each of these metrics and 

12 appropriate methods to measure deviations from these 

13 baselines. 

14 (c) PUBLICATION.—The Administration shall make 

15 the data obtained under subsection (a) available to the 

16 public in a searchable, sortable, downloadable format 

17 through its website and other appropriate media. 

18 (d) REPORTS.— 

19 (1) INITIAL REPORT.—Not later than 90 days 

20 after the date of enactment of this Act, the Adminis21 trator shall submit to the Senate Committee on 

22 Commerce, Science, and Transportation and the 

23 House of Representatives Committee on Transpor24 tation and Infrastructure that contains— 


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1 (A) a description of the metrics that will 

2 be used to measure the Administration’s 

3 progress in implementing NextGen Air Trans4 portation System capabilities and operational 

5 results; and 

6 (B) information about how any additional 

7 metrics were developed. 

8 (2) ANNUAL PROGRESS REPORT.—The Admin9 istrator shall submit an annual progress report to 

10 those committees on the Administration’s progress 

11 in implementing NextGen Air Transportation Sys12 tem. 

13 SEC. 318. CERTIFICATION STANDARDS AND RESOURCES. 

14 (a) IN GENERAL.—Within 6 months after the date 

15 of enactment of this Act, the Administrator shall develop 

16 a plan to accelerate and streamline the process for certifi17 cation of NextGen technologies, including— 

18 (1) updated project plans and timelines to meet 

19 the deadlines established by this title; 

20 (2) identification of the specific activities need21 ed to certify core NextGen technologies, including 

22 the establishment of NextGen technical requirements 

23 for the manufacture of equipage, installation of equi24 page, airline operational procedures, pilot training 


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1 standards, air traffic control procedures, and air 

2 traffic controller training; 

3 (3) staffing requirements for the Air Certifi4 cation Service and the Flight Standards Service, and 

5 measures addressing concerns expressed by the De6 partment of Transportation Inspector General and 

7 the Comptroller General regarding staffing needs for 

8 modernization; 

9 (4) an assessment of the extent to which the 

10 Administration will use third parties in the certifi11 cation process, and the cost and benefits of this ap12 proach; and 

13 (5) performance metrics to measure the Admin14 istration’s progress. 

15 (b) CERTIFICATION INTEGRITY.—The Administrator 

16 shall make no distinction between public or privately 

17 owned equipment, systems, or services used in the Na18 tional Airspace System when determining certification re19 quirements. 

20 SEC. 319. UNMANNED AERIAL SYSTEMS. 

21 (a) IN GENERAL.—Within 1 year after the date of 

22 enactment of this Act, the Administrator shall develop a 

23 plan to accelerate the integration of unmanned aerial sys24 tems into the National Airspace System that— 


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1 (1) creates a pilot project to integrate such ve2 hicles into the National Airspace System at 2 test 

3 sites in the National Airspace System by 2012; 

4 (2) creates a safe, non-exclusionary airspace 

5 designation for cooperative manned and unmanned 

6 flight operations in the National Airspace System; 

7 (3) establishes a process to develop certification, 

8 flight standards, and air traffic requirements for 

9 such vehicles at the test sites; 

10 (4) dedicates funding for unmanned aerial sys11 tems research and development to certification, 

12 flight standards, and air traffic requirements; 

13 (5) encourages leveraging and coordination of 

14 such research and development activities with the 

15 National Aeronautics and Space Administration and 

16 the Department of Defense; 

17 (6) addresses both military and civilian un18 manned aerial system operations; 

19 (7) ensures the unmanned aircraft systems inte20 gration plan is incorporated in the Administration’s 

21 NextGen Air Transportation System implementation 

22 plan; and 

23 (8) provides for verification of the safety of the 

24 vehicles and navigation procedures before their inte25 gration into the National Airspace System. 


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1 SEC. 320. SURFACE SYSTEMS PROGRAM OFFICE. 

2 (a) IN GENERAL.—The Air Traffic Organization 

3 shall— 

4 (1) evaluate the Airport Surface Detection 

5 Equipment-Model X program for its potential con6 tribution to implementation of the NextGen initia7 tive; 

8 (2) evaluate airport surveillance technologies 

9 and associated collaborative surface management 

10 software for potential contributions to implementa11 tion of NextGen surface management; 

12 (3) accelerate implementation of the program; 

13 and 

14 (4) carry out such additional duties as the Ad15 ministrator may require. 

16 (b) EXPEDITED CERTIFICATION AND UTILIZA17 TION.—The Administrator shall— 

18 (1) consider options for expediting the certifi19 cation of Ground Based Augmentation System tech20 nology; and 

21 (2) develop a plan to utilize such a system at 

22 the 35 Operational Evolution Partnership airports 

23 by September 30, 2012. 

24 SEC. 321. STAKEHOLDER COORDINATION. 

25 (a) IN GENERAL.—The Administrator shall establish 

26 a process for including qualified employees selected by 


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1 each exclusive collective bargaining representative of em2 ployees of the Administration who are likely to be affected 

3 by the planning, development, and deployment of air traf4 fic control modernization projects (including the Next 

5 Generation Air Transportation System) in, and collabo6 rating with, such employees in the planning, development, 

7 and deployment of those projects. 

8 (b) PARTICIPATION.— 

9 (1) BARGAINING OBLIGATIONS AND RIGHTS.— 

10 Participation in the process described in subsection 

11 (a) shall not be construed as a waiver of any bar12 gaining obligations or rights under section 

13 40122(a)(1) or 40122(g)(2)(C) of title 49, United 

14 States Code. 

15 (2) CAPACITY AND COMPENSATION.—Exclusive 

16 collective bargaining representatives and selected 

17 employees participating in the process described in 

18 subsection (a) shall— 

19 (A) serve in a collaborative and advisory 

20 capacity; and 

21 (B) receive appropriate travel and per 

22 diem expenses in accordance with the travel 

23 policies of the Administration in addition to any 

24 regular compensation and benefits. 


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1 (c) REPORT.—No later than 180 days after the date 

2 of enactment of this Act, the Administrator shall submit 

3 a report on the implementation of this section to the Sen4 ate Committee on Commerce, Science, and Transportation 

5 and the House of Representatives Committee on Trans6 portation and Infrastructure. 

7 SEC. 322. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA8 CILITY CONDITIONS. 

9 (a) ESTABLISHMENT.—The Administrator shall es10 tablish a special task force to be known as the ‘‘FAA Task 

11 Force on Air Traffic Control Facility Conditions’’. 

12 (b) MEMBERSHIP.— 

13 (1) COMPOSITION.—The Task Force shall be 

14 composed of 11 members of whom— 

15 (A) 7 members shall be appointed by the 

16 Administrator; and 

17 (B) 4 members shall be appointed by labor 

18 unions representing employees who work at 

19 field facilities of the Administration. 

20 (2) QUALIFICATIONS.—Of the members ap21 pointed by the Administrator under paragraph 

22 (1)(A)— 

23 (A) 4 members shall be specialists on toxic 

24 mold abatement, ‘‘sick building syndrome,’’ and 

25 other hazardous building conditions that can 


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1 lead to employee health concerns and shall be 

2 appointed by the Administrator in consultation 

3 with the Director of the National Institute for 

4 Occupational Safety and Health; and 

5 (B) 2 members shall be specialists on the 

6 rehabilitation of aging buildings. 

7 (3) TERMS.—Members shall be appointed for 

8 the life of the Task Force. 

9 (4) VACANCIES.—A vacancy in the Task Force 

10 shall be filled in the manner in which the original 

11 appointment was made. 

12 (5) TRAVEL EXPENSES.—Members shall serve 

13 without pay but shall receive travel expenses, includ14 ing per diem in lieu of subsistence, in accordance 

15 with subchapter I of chapter 57 of title 5, United 

16 States Code. 

17 (c) CHAIRPERSON.—The Administrator shall des18 ignate, from among the individuals appointed under sub19 section (b)(1), an individual to serve as chairperson of the 

20 Task Force. 

21 (d) TASK FORCE PERSONNEL MATTERS.— 

22 (1) STAFF.—The Task Force may appoint and 

23 fix the pay of such personnel as it considers appro24 priate. 


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1 (2) STAFF OF FEDERAL AGENCIES.—Upon re2 quest of the Chairperson of the Task Force, the 

3 head of any department or agency of the United 

4 States may detail, on a reimbursable basis, any of 

5 the personnel of that department or agency to the 

6 Task Force to assist it in carrying out its duties 

7 under this section. 

8 (3) OTHER STAFF AND SUPPORT.—Upon re9 quest of the Task Force or a panel of the Task 

10 Force, the Administrator shall provide the Task 

11 Force or panel with professional and administrative 

12 staff and other support, on a reimbursable basis, to 

13 the Task Force to assist it in carrying out its duties 

14 under this section. 

15 (e) OBTAINING OFFICIAL DATA.—The Task Force 

16 may secure directly from any department or agency of the 

17 United States information (other than information re18 quired by any statute of the United States to be kept con19 fidential by such department or agency) necessary for the 

20 Task Force to carry out its duties under this section. 

21 Upon request of the chairperson of the Task Force, the 

22 head of that department or agency shall furnish such in23 formation to the Task Force. 

24 (f) DUTIES.— 


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1 (1) STUDY.—The Task Force shall undertake a 

2 study of— 

3 (A) the conditions of all air traffic control 

4 facilities across the Nation, including towers, 

5 centers, and terminal radar air control; 

6 (B) reports from employees of the Admin7 istration relating to respiratory ailments and 

8 other health conditions resulting from exposure 

9 to mold, asbestos, poor air quality, radiation 

10 and facility-related hazards in facilities of the 

11 Administration; 

12 (C) conditions of such facilities that could 

13 interfere with such employees’ ability to effec14 tively and safely perform their duties; 

15 (D) the ability of managers and super16 visors of such employees to promptly document 

17 and seek remediation for unsafe facility condi18 tions; 

19 (E) whether employees of the Administra20 tion who report facility-related illnesses are 

21 treated fairly; 

22 (F) utilization of scientifically approved re23 mediation techniques in a timely fashion once 

24 hazardous conditions are identified in a facility 

25 of the Administration; and 


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1 (G) resources allocated to facility mainte2 nance and renovation by the Administration. 

3 (2) FACILITY CONDITION INDICES.—The Task 

4 Force shall review the facility condition indices of 

5 the Administration for inclusion in the recommenda6 tions under subsection (g). 

7 (g) RECOMMENDATIONS.—Based on the results of 

8 the study and review of the facility condition indices under 

9 subsection (f), the Task Force shall make recommenda10 tions as it considers necessary to— 

11 (1) prioritize those facilities needing the most 

12 immediate attention in order of the greatest risk to 

13 employee health and safety; 

14 (2) ensure that the Administration is using sci15 entifically approved remediation techniques in all fa16 cilities; and 

17 (3) assist the Administration in making pro18 grammatic changes so that aging air traffic control 

19 facilities do not deteriorate to unsafe levels. 

20 (h) REPORT.—Not later than 6 months after the date 

21 on which initial appointments of members to the Task 

22 Force are completed, the Task Force shall submit a report 

23 to the Administrator, the Senate Committee on Com24 merce, Science, and Transportation, and the House of 

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1 structure on the activities of the Task Force, including 

2 the recommendations of the Task Force under subsection 

3 (g). 

4 (i) IMPLEMENTATION.—Within 30 days after receipt 

5 of the Task Force report under subsection (h), the Admin6 istrator shall submit to the House of Representatives 

7 Committee on Transportation and Infrastructure and the 

8 Senate Committee on Commerce, Science, and Transpor9 tation a report that includes a plan and timeline to imple10 ment the recommendations of the Task Force and to align 

11 future budgets and priorities of the Administration ac12 cordingly. 

13 (j) TERMINATION.—The Task Force shall terminate 

14 on the last day of the 30-day period beginning on the date 

15 on which the report under subsection (h) is submitted. 

16 (k) APPLICABILITY OF THE FEDERAL ADVISORY

17 COMMITTEE ACT.—The Federal Advisory Committee Act 

18 (5 U.S.C. App.) shall not apply to the Task Force. 

19 SEC. 323. STATE ADS–B EQUIPAGE BANK PILOT PROGRAM. 

20 (a) IN GENERAL.— 

21 (1) COOPERATIVE AGREEMENTS.—Subject to 

22 the provisions of this section, the Secretary of 

23 Transportation may enter into cooperative agree24 ments with not to exceed 5 States for the establish25 ment of State ADS–B equipage banks for making 


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1 loans and providing other assistance to public enti2 ties for projects eligible for assistance under this 

3 section. 

4 (b) FUNDING.— 

5 (1) SEPARATE ACCOUNT.—An ADS–B equipage 

6 bank established under this section shall maintain a 

7 separate aviation trust fund account for Federal 

8 funds contributed to the bank under paragraph (2). 

9 No Federal funds contributed or credited to an ac10 count of an ADS–B equipage bank established under 

11 this section may be commingled with Federal funds 

12 contributed or credited to any other account of such 

13 bank. 

14 (2) AUTHORIZATION.—There are authorized to 

15 be appropriated to the Secretary $25,000,000 for 

16 each of fiscal years 2010 through 2014. 

17 (c) FORMS OF ASSISTANCE FROM ADS–B EQUIPAGE

18 BANKS.—An ADS–B equipage bank established under 

19 this section may make loans or provide other assistance 

20 to a public entity in an amount equal to all or part of 

21 the cost of carrying out a project eligible for assistance 

22 under this section. The amount of any loan or other assist23 ance provided for such project may be subordinated to any 

24 other debt financing for the project. 


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1 (d) QUALIFYING PROJECTS.—Federal funds in the 

2 ADS–B equipage account of an ADS–B equipage bank es3 tablished under this section may be used only to provide 

4 assistance with respect to aircraft ADS–B and related avi5 onics equipage. 

6 (e) REQUIREMENTS.—In order to establish an ADS– 

7 B equipage bank under this section, each State estab8 lishing such a bank shall— 

9 (1) contribute, at a minimum, in each account 

10 of the bank from non-Federal sources an amount 

11 equal to 50 percent of the amount of each capitaliza12 tion grant made to the State and contributed to the 

13 bank; 

14 (2) ensure that the bank maintains on a con15 tinuing basis an investment grade rating on its debt 

16 issuances or has a sufficient level of bond or debt fi17 nancing instrument insurance to maintain the viabil18 ity of the bank; 

19 (3) ensure that investment income generated by 

20 funds contributed to an account of the bank will 

21 be— 

22 (A) credited to the account; 

23 (B) available for use in providing loans 

24 and other assistance to projects eligible for as25 sistance from the account; and 


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1 (C) invested in United States Treasury se2 curities, bank deposits, or such other financing 

3 instruments as the Secretary may approve to 

4 earn interest to enhance the leveraging of 

5 projects assisted by the bank; 

6 (4) ensure that any loan from the bank will 

7 bear interest at or below market interest rates, as 

8 determined by the State, to make the project that is 

9 the subject of the loan feasible; 

10 (5) ensure that the term for repaying any loan 

11 will not exceed 10 years after the date of the first 

12 payment on the loan; and 

13 (6) require the bank to make an annual report 

14 to the Secretary on its status no later than Sep15 tember 30 of each year for which funds are made 

16 available under this section, and to make such other 

17 reports as the Secretary may require by guidelines. 

18 SEC. 324. DEFINITIONS. 

19 In this title: 

20 (1) ADMINISTRATION.—The term ‘‘Administra21 tion’’ means the Federal Aviation Administration. 

22 (2) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Federal 

24 Aviation Administration. 


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1 (3) NEXTGEN.—The term ‘‘NextGen’’ means 

2 the Next Generation Air Transportation System. 

3 (4) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Transportation. 

5 TITLE IV—AIRLINE SERVICE 

6 AND SMALL COMMUNITY AIR 

7 SERVICE IMPROVEMENTS 

8 SUBTITLE A—CONSUMER PROTECTION 

9 SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT. 

10 (a) IN GENERAL.—Chapter 417 is amended by add11 ing at the end the following: 

12 ‘‘SUBCHAPTER IV—AIRLINE CUSTOMER 

13 SERVICE 

14 ‘‘§ 41781. Air carrier and airport contingency plans 

15 for long on-board tarmac delays 

16 ‘‘(a) DEFINITION OF TARMAC DELAY.—The term 

17 ‘tarmac delay’ means the holding of an aircraft on the 

18 ground before taking off or after landing with no oppor19 tunity for its passengers to deplane. 

20 ‘‘(b) SUBMISSION OF AIR CARRIER AND AIRPORT

21 PLANS.—Not later than 60 days after the date of the en22 actment of the FAA Air Transportation Modernization 

23 and Safety Improvement Act, each air carrier and airport 

24 operator shall submit, in accordance with the requirements 


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1 under this section, a proposed contingency plan to the Sec2 retary of Transportation for review and approval. 

3 ‘‘(c) MINIMUM STANDARDS.—The Secretary of 

4 Transportation shall establish minimum standards for ele5 ments in contingency plans required to be submitted under 

6 this section to ensure that such plans effectively address 

7 long on-board tarmac delays and provide for the health 

8 and safety of passengers and crew. 

9 ‘‘(d) AIR CARRIER PLANS.—The plan shall require 

10 each air carrier to implement at a minimum the following: 

11 ‘‘(1) PROVISION OF ESSENTIAL SERVICES.— 

12 Each air carrier shall provide for the essential needs 

13 of passengers on board an aircraft at an airport in 

14 any case in which the departure of a flight is de15 layed or disembarkation of passengers on an arriving 

16 flight that has landed is substantially delayed, in17 cluding— 

18 ‘‘(A) adequate food and potable water; 

19 ‘‘(B) adequate restroom facilities; 

20 ‘‘(C) cabin ventilation and comfortable 

21 cabin temperatures; and 

22 ‘‘(D) access to necessary medical treat23 ment. 

24 ‘‘(2) RIGHT TO DEPLANE.— 


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1 ‘‘(A) IN GENERAL.—Each air carrier shall 

2 submit a proposed contingency plan to the Sec3 retary of Transportation that identifies a clear 

4 time frame under which passengers would be 

5 permitted to deplane a delayed aircraft. After 

6 the Secretary has reviewed and approved the 

7 proposed plan, the air carrier shall make the 

8 plan available to the public. 

9 ‘‘(B) DELAYS.— 

10 ‘‘(i) IN GENERAL.—As part of the 

11 plan, except as provided under clause (iii), 

12 an air carrier shall provide passengers with 

13 the option of deplaning and returning to 

14 the terminal at which such deplaning could 

15 be safely completed, or deplaning at the 

16 terminal if— 

17 ‘‘(I) 3 hours have elapsed after 

18 passengers have boarded the aircraft, 

19 the aircraft doors are closed, and the 

20 aircraft has not departed; or 

21 ‘‘(II) 3 hours have elapsed after 

22 the aircraft has landed and the pas23 sengers on the aircraft have been un24 able to deplane. 


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1 ‘‘(ii) FREQUENCY.—The option de2 scribed in clause (i) shall be offered to pas3 sengers at a minimum not less often than 

4 once during each successive 3-hour period 

5 that the plane remains on the ground. 

6 ‘‘(iii) EXCEPTIONS.—This subpara7 graph shall not apply if— 

8 ‘‘(I) the pilot of such aircraft 

9 reasonably determines that the air10 craft will depart or be unloaded at the 

11 terminal not later than 30 minutes 

12 after the 3 hour delay; or 

13 ‘‘(II) the pilot of such aircraft 

14 reasonably determines that permitting 

15 a passenger to deplane would jeop16 ardize passenger safety or security. 

17 ‘‘(C) APPLICATION TO DIVERTED

18 FLIGHTS.—This section applies to aircraft with19 out regard to whether they have been diverted 

20 to an airport other than the original destina21 tion. 

22 ‘‘(D) REPORTS.—Not later than 30 days 

23 after any flight experiences a tarmac delay last24 ing at least 3 hours, the air carrier responsible 

25 for such flight shall submit a written descripVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 tion of the incident and its resolution to the 

2 Aviation Consumer Protection Office of the De3 partment of Transportation. 

4 ‘‘(e) AIRPORT PLANS.—Each airport operator shall 

5 submit a proposed contingency plan under subsection (b) 

6 that contains a description of— 

7 ‘‘(1) how the airport operator will provide for 

8 the deplanement of passengers following a long 

9 tarmac delay; and 

10 ‘‘(2) how, to the maximum extent practicable, 

11 the airport operator will provide for the sharing of 

12 facilities and make gates available at the airport for 

13 use by aircraft experiencing such delays. 

14 ‘‘(f) UPDATES.—The Secretary shall require periodic 

15 reviews and updates of the plans as necessary. 

16 ‘‘(g) APPROVAL.— 

17 ‘‘(1) IN GENERAL.—Not later than 6 months 

18 after the date of the enactment of this section, the 

19 Secretary of Transportation shall— 

20 ‘‘(A) review the initial contingency plans 

21 submitted under subsection (b); and 

22 ‘‘(B) approve plans that closely adhere to 

23 the standards described in subsections (d) or 

24 (e), whichever is applicable. 


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1 ‘‘(2) UPDATES.—Not later than 60 days after 

2 the submission of an update under subsection (f) or 

3 an initial contingency plan by a new air carrier or 

4 airport, the Secretary shall— 

5 ‘‘(A) review the plan; and 

6 ‘‘(B) approve the plan if it closely adheres 

7 to the standards described in subsections (d) or 

8 (e), whichever is applicable. 

9 ‘‘(h) CIVIL PENALTIES.—The Secretary may assess 

10 a civil penalty under section 46301 against any air carrier 

11 or airport operator that does not submit, obtain approval 

12 of, or adhere to a contingency plan submitted under this 

13 section. 

14 ‘‘(i) PUBLIC ACCESS.—Each air carrier and airport 

15 operator required to submit a contingency plan under this 

16 section shall ensure public access to an approved plan 

17 under this section by— 

18 ‘‘(1) including the plan on the Internet Web 

19 site of the carrier or airport; or 

20 ‘‘(2) disseminating the plan by other means, as 

21 determined by the Secretary. 

22 ‘‘§ 41782. Air passenger complaints hotline and infor23 mation 

24 ‘‘(a) AIR PASSENGER COMPLAINTS HOTLINE TELE25 PHONE NUMBER.—The Secretary of Transportation shall 


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1 establish a consumer complaints hotline telephone number 

2 for the use of air passengers. 

3 ‘‘(b) PUBLIC NOTICE.—The Secretary shall notify 

4 the public of the telephone number established under sub5 section (a). 

6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated such sums as may be 

8 necessary to carry out this section, which sums shall re9 main available until expended.’’. 

10 (b) CONFORMING AMENDMENT.—The table of con11 tents for chapter 417 is amended by adding at the end 

12 the following: 

‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE

‘‘41781. Air carrier and airport contingency plans for long on-board tarmac 

delays. 

‘‘41782. Air passenger complaints hotline and information.’’. 

13 SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND 

14 FLIGHT DELAY HISTORY. 

15 (a) IN GENERAL.—Section 41722 is amended by 

16 adding at the end the following: 

17 ‘‘(f) CHRONICALLY DELAYED FLIGHTS.— 

18 ‘‘(1) PUBLICATION OF LIST OF FLIGHTS.— 

19 Each air carrier holding a certificate issued under 

20 section 41102 that conducts scheduled passenger air 

21 transportation shall, on a monthly basis— 


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1 ‘‘(A) publish and update on the Internet 

2 website of the air carrier a list of chronically 

3 delayed flights operated by such air carrier; and 

4 ‘‘(B) share such list with each entity that 

5 is authorized to book passenger air transpor6 tation for such air carrier for inclusion on the 

7 Internet website of such entity. 

8 ‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR9 CHASING TICKETS.—For each individual who books 

10 passenger air transportation on the Internet website 

11 of an air carrier, or the Internet website of an entity 

12 that is authorized to book passenger air transpor13 tation for an air carrier, for any flight for which 

14 data is reported to the Department of Transpor15 tation under part 234 of title 14, Code of Federal 

16 Regulations, such air carrier or entity, as the case 

17 may be, shall prominently disclose to such indi18 vidual, before such individual makes such booking, 

19 the following: 

20 ‘‘(A) The on-time performance for the 

21 flight if the flight is a chronically delayed flight. 

22 ‘‘(B) The cancellation rate for the flight if 

23 the flight is a chronically canceled flight. 

24 ‘‘(3) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) CHRONICALLY DELAYED FLIGHT.— 

2 The term ‘chronically delayed flight’ means a 

3 regularly scheduled flight that has failed to ar4 rive on time (as such term is defined in section 

5 234.2 of title 14, Code of Federal Regulations) 

6 at least 40 percent of the time during the most 

7 recent 3-month period for which data is avail8 able. 

9 ‘‘(B) CHRONICALLY CANCELED FLIGHT.— 

10 The term ‘chronically canceled flight’ means a 

11 regularly scheduled flight at least 30 percent of 

12 the departures of which have been canceled dur13 ing the most recent 3-month period for which 

14 data is available.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall take effect 180 days after the date 

17 of enactment of this Act. 

18 SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COM19 PLAINT INVESTIGATIONS. 

20 (a) IN GENERAL.—Subject to the availability of ap21 propriations, the Secretary of Transportation shall inves22 tigate consumer complaints regarding— 

23 (1) flight cancellations; 

24 (2) compliance with Federal regulations con25 cerning overbooking seats flights; 


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1 (3) lost, damaged, or delayed baggage, and dif2 ficulties with related airline claims procedures; 

3 (4) problems in obtaining refunds for unused or 

4 lost tickets or fare adjustments; 

5 (5) incorrect or incomplete information about 

6 fares, discount fare conditions and availability, over7 charges, and fare increases; 

8 (6) the rights of passengers who hold frequent 

9 flier miles, or equivalent redeemable awards earned 

10 through customer-loyalty programs; and 

11 (7) deceptive or misleading advertising. 

12 (b) BUDGET NEEDS REPORT.—The Secretary shall 

13 provide, as an annex to its annual budget request, an esti14 mate of resources which would have been sufficient to in15 vestigate all such claims the Department of Transpor16 tation received in the previous fiscal year. The annex shall 

17 be transmitted to the Congress when the President sub18 mits the budget of the United States to the Congress 

19 under section 1105 of title 31, United States Code. 

20 SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 

21 AVIATION CONSUMER PROTECTION. 

22 (a) IN GENERAL.—The Secretary of Transportation 

23 shall establish an advisory committee for aviation con24 sumer protection to advise the Secretary in carrying out 

25 airline customer service improvements, including those reVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 quired by subchapter IV of chapter 417 of title 49, United 

2 States Code. 

3 (b) MEMBERSHIP.—The Secretary shall appoint 

4 members of the advisory committee comprised of one rep5 resentative each of— 

6 (1) air carriers; 

7 (2) airport operators; 

8 (3) State or local governments who has exper9 tise in consumer protection matters; and 

10 (4) a nonprofit public interest group who has 

11 expertise in consumer protection matters. 

12 (c) VACANCIES.—A vacancy in the advisory com13 mittee shall be filled in the manner in which the original 

14 appointment was made. 

15 (d) TRAVEL EXPENSES.—Members of the advisory 

16 committee shall serve without pay but shall receive travel 

17 expenses, including per diem in lieu of subsistence, in ac18 cordance with subchapter I of chapter 57 of title 5, United 

19 States Code. 

20 (e) CHAIRPERSON.—The Secretary shall designate, 

21 from among the individuals appointed under subsection 

22 (b), an individual to serve as chairperson of the advisory 

23 committee. 

24 (f) DUTIES.—The duties of the advisory committee 

25 shall include— 


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1 (1) evaluating existing aviation consumer pro2 tection programs and providing recommendations for 

3 the improvement of such programs, if needed; and 

4 (2) providing recommendations to establish ad5 ditional aviation consumer protection programs, if 

6 needed. 

7 (g) REPORT.—Not later than February 1 of each of 

8 the first 2 calendar years beginning after the date of en9 actment of this Act, the Secretary shall transmit to Con10 gress a report containing— 

11 (1) the recommendations made by the advisory 

12 committee during the preceding calendar year; and 

13 (2) an explanation of how the Secretary has im14 plemented each recommendation and, for each rec15 ommendation not implemented, the Secretary’s rea16 son for not implementing the recommendation. 

17 SEC. 405. DISCLOSURE OF PASSENGER FEES. 

18 (a) IN GENERAL.—Within 180 days after the date 

19 of enactment of this Act, the Secretary of Transportation 

20 shall complete a rulemaking that requires each air carrier 

21 operating in the United States under part 121 of title 49, 

22 Code of Federal Regulations, to make available to the pub23 lic and to the Secretary a list of all passenger fees and 

24 charges (other than airfare) that may be imposed by the 

25 air carrier, including fees for— 


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1 (1) checked baggage or oversized or heavy bag2 gage; 

3 (2) meals, beverages, or other refreshments; 

4 (3) seats in exit rows, seats with additional 

5 space, or other preferred seats in any given class of 

6 travel; 

7 (4) purchasing tickets from an airline ticket 

8 agent or a travel agency; or 

9 (5) any other good, service, or amenity provided 

10 by the air carrier, as required by the Secretary. 

11 (b) PUBLICATION; UPDATES.—In order to ensure 

12 that the fee information required by subsection (a) is both 

13 current and widely available to the travelling public, the 

14 Secretary— 

15 (1) may require an air carrier to make such in16 formation on any public website maintained by an 

17 air carrier, to make such information available to 

18 travel agencies, and to notify passengers of the 

19 availability of such information when advertising air20 fares; and 

21 (2) shall require air carriers to update the in22 formation as necessary, but no less frequently than 

23 every 90 days unless there has been no increase in 

24 the amount or type of fees shown in the most recent 

25 publication. 


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1 SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL 

2 COMMUNITIES 

3 SEC. 411. EAS CONNECTIVITY PROGRAM. 

4 Section 406(a) of the Vision 100—Century of Avia5 tion Reauthorization Act (49 U.S.C. 40101 note) is 

6 amended by striking ‘‘may’’ and inserting ‘‘shall’’. 

7 SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING 

8 MILEAGE ADJUSTMENT ELIGIBILITY. 

9 Section 409(d) of the Vision 100—Century of Avia10 tion Reauthorization Act (49 U.S.C. 40101 note) is 

11 amended by striking ‘‘September 30, 2007.’’ and inserting 

12 ‘‘September 30, 2011.’’. 

13 SEC. 413. EAS CONTRACT GUIDELINES. 

14 Section 41737(a)(1) is amended— 

15 (1) by striking ‘‘and’’ after the semicolon in 

16 subparagraph (B); 

17 (2) by striking ‘‘provided.’’ in subparagraph (C) 

18 and inserting ‘‘provided;’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(D) include provisions under which the Sec21 retary may encourage carriers to improve air service 

22 to small and rural communities by incorporating fi23 nancial incentives in essential air service contracts 

24 based on specified performance goals; and 


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1 ‘‘(E) include provisions under which the Sec2 retary may execute long-term essential air service 

3 contracts to encourage carriers to provide air service 

4 to small and rural communities where it would be in 

5 the public interest to do so.’’. 

6 SEC. 414. CONVERSION OF FORMER EAS AIRPORTS. 

7 (a) IN GENERAL.—Section 41745 is amended— 

8 (1) by redesignating subsections (c) through (g) 

9 as subsections (d) through (h), respectively; and 

10 (2) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) CONVERSION OF LOST ELIGIBILITY AIR13 PORTS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall estab15 lish a program to provide general aviation conversion 

16 funding for airports serving eligible places that the 

17 Secretary has determined no longer qualify for a 

18 subsidy. 

19 ‘‘(2) GRANTS.—A grant under this sub20 section— 

21 ‘‘(A) may not exceed twice the compensa22 tion paid to provide essential air service to the 

23 airport in the fiscal year preceding the fiscal 

24 year in which the Secretary determines that the 


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1 place served by the airport is no longer an eligi2 ble place; and 

3 ‘‘(B) may be used— 

4 ‘‘(i) for airport development (as de5 fined in section 47102(3)) that will en6 hance general aviation capacity at the air7 port; 

8 ‘‘(ii) to defray operating expenses, if 

9 such use is approved by the Secretary; or 

10 ‘‘(iii) to develop innovative air service 

11 options, such as on-demand or air taxi op12 erations, if such use is approved by the 

13 Secretary. 

14 ‘‘(3) AIP REQUIREMENTS.—An airport sponsor 

15 that uses funds provided under this subsection for 

16 an airport development project shall comply with the 

17 requirements of subchapter I of chapter 471 applica18 ble to airport development projects funded under 

19 that subchapter with respect to the project funded 

20 under this subsection. 

21 ‘‘(4) LIMITATION.—The sponsor of an airport 

22 receiving funding under this subsection is not eligi23 ble for funding under section 41736.’’. 

24 (b) CONFORMING AMENDMENT.—Section 41745(f), 

25 as redesignated, is amended— 


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1 (1) by striking ‘‘An eligible place’’ and inserting 

2 ‘‘Neither an eligible place, nor a place to which sub3 section (c) applies,’’; and 

4 (2) by striking ‘‘not’’. 

5 SEC. 415. EAS REFORM. 

6 Section 41742(a) is amended— 

7 (1) by adding at the end of paragraph (1) ‘‘Any 

8 amount in excess of $50,000,000 credited for any 

9 fiscal year to the account established under section 

10 45303(c) shall be obligated for programs under sec11 tion 406 of the Vision 100—Century of Aviation Re12 authorization Act (49 U.S.C. 40101 note) and sec13 tion 41745 of this title. Amounts appropriated pur14 suant to this section shall remain available until ex15 pended.’’; and 

16 (2) by striking ‘‘$77,000,000’’ in paragraph (2) 

17 and inserting ‘‘$125,000,000’’. 

18 SEC. 416. SMALL COMMUNITY AIR SERVICE. 

19 (a) PRIORITIES.—Section 41743(c)(5) is amended— 

20 (1) by striking ‘‘and’’ after the semicolon in 

21 subparagraph (D); 

22 (2) by striking ‘‘fashion.’’ in subparagraph (E) 

23 and inserting ‘‘fashion; and’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(F) multiple communities cooperate to 

2 submit a region or multistate application to im3 prove air service.’’. 

4 (b) EXTENSION OF AUTHORIZATION.—Section 

5 41743(e)(2) is amended by striking ‘‘2008’’ and inserting 

6 ‘‘2011’’. 

7 SEC. 417. EAS MARKETING. 

8 The Secretary of Transportation shall require all ap9 plications to provide service under subchapter II of chap10 ter 417 of title 49, United States Code, include a mar11 keting plan. 

12 SEC. 418. RURAL AVIATION IMPROVEMENT. 

13 (a) COMMUNITIES ABOVE PER PASSENGER SUBSIDY

14 CAP.— 

15 (1) IN GENERAL.—Subchapter II of chapter 

16 417 is amended by adding at the end the following: 

17 ‘‘§ 41749. Essential air service for eligible places 

18 above per passenger subsidy cap 

19 ‘‘(a) PROPOSALS.—A State or local government may 

20 submit a proposal to the Secretary of Transportation for 

21 compensation for an air carrier to provide air transpor22 tation to a place described in subsection (b). 

23 ‘‘(b) PLACE DESCRIBED.—A place described in this 

24 subsection is a place— 

25 ‘‘(1) that is otherwise an eligible place; and 


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1 ‘‘(2) for which the per passenger subsidy ex2 ceeds the dollar amount allowable under this sub3 chapter. 

4 ‘‘(c) DECISIONS.—Not later than 90 days after re5 ceiving a proposal under subsection (a) for compensation 

6 for an air carrier to provide air transportation to a place 

7 described in subsection (b), the Secretary shall— 

8 ‘‘(1) decide whether to provide compensation 

9 for the air carrier to provide air transportation to 

10 the place; and 

11 ‘‘(2) approve the proposal if the State or local 

12 government or a person is willing and able to pay 

13 the difference between— 

14 ‘‘(A) the per passenger subsidy; and 

15 ‘‘(B) the dollar amount allowable for such 

16 subsidy under this subchapter. 

17 ‘‘(d) COMPENSATION PAYMENTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall pay 

19 compensation under this section at such time and in 

20 such manner as the Secretary determines is appro21 priate. 

22 ‘‘(2) DURATION OF PAYMENTS.—The Secretary 

23 shall continue to pay compensation under this sec24 tion only as long as— 


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1 ‘‘(A) the State or local government or per2 son agreeing to pay compensation under sub3 section (c)(2) continues to pay such compensa4 tion; and 

5 ‘‘(B) the Secretary decides the compensa6 tion is necessary to maintain air transportation 

7 to the place. 

8 ‘‘(e) REVIEW.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall peri10 odically review the type and level of air service pro11 vided under this section. 

12 ‘‘(2) CONSULTATION.—The Secretary may 

13 make appropriate adjustments in the type and level 

14 of air service to a place under this section based on 

15 the review under paragraph (1) and consultation 

16 with the affected community and the State or local 

17 government or person agreeing to pay compensation 

18 under subsection (c)(2). 

19 ‘‘(f) ENDING, SUSPENDING, AND REDUCING AIR

20 TRANSPORTATION.—An air carrier providing air transpor21 tation to a place under this section may end, suspend, or 

22 reduce such air transportation if, not later than 30 days 

23 before ending, suspending, or reducing such air transpor24 tation, the air carrier provides notice of the intent of the 


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1 air carrier to end, suspend, or reduce such air transpor2 tation to— 

3 ‘‘(1) the Secretary; 

4 ‘‘(2) the affected community; and 

5 ‘‘(3) the State or local government or person 

6 agreeing to pay compensation under subsection 

7 (c)(2).’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents for chapter 417 is amended by adding after 

10 the item relating to section 41748 the following new 

11 item: 

‘‘41749. Essential air service for eligible places above per passenger subsidy 

cap.’’. 

12 (b) PREFERRED ESSENTIAL AIR SERVICE.— 

13 (1) IN GENERAL.—Subchapter II of chapter 

14 417, as amended by subsection (a), is further 

15 amended by adding after section 41749 the fol16 lowing: 

17 ‘‘§ 41750. Preferred essential air service 

18 ‘‘(a) PROPOSALS.—A State or local government may 

19 submit a proposal to the Secretary of Transportation for 

20 compensation for a preferred air carrier described in sub21 section (b) to provide air transportation to an eligible 

22 place. 


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1 ‘‘(b) PREFERRED AIR CARRIER DESCRIBED.—A pre2 ferred air carrier described in this subsection is an air car3 rier that— 

4 ‘‘(1) submits an application under section 

5 41733(c) to provide air transportation to an eligible 

6 place; 

7 ‘‘(2) is not the air carrier that submits the low8 est cost bid to provide air transportation to the eligi9 ble place; and 

10 ‘‘(3) is an air carrier that the affected commu11 nity prefers to provide air transportation to the eligi12 ble place instead of the air carrier that submits the 

13 lowest cost bid. 

14 ‘‘(c) DECISIONS.—Not later than 90 days after re15 ceiving a proposal under subsection (a) for compensation 

16 for a preferred air carrier described in subsection (b) to 

17 provide air transportation to an eligible place, the Sec18 retary shall— 

19 ‘‘(1) decide whether to provide compensation 

20 for the preferred air carrier to provide air transpor21 tation to the eligible place; and 

22 ‘‘(2) approve the proposal if the State or local 

23 government or a person is willing and able to pay 

24 the difference between— 


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1 ‘‘(A) the rate of compensation the Sec2 retary would provide to the air carrier that sub3 mits the lowest cost bid to provide air transpor4 tation to the eligible place; and 

5 ‘‘(B) the rate of compensation the pre6 ferred air carrier estimates to be necessary to 

7 provide air transportation to the eligible place. 

8 ‘‘(d) COMPENSATION PAYMENTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall pay 

10 compensation under this section at such time and in 

11 such manner as the Secretary determines is appro12 priate. 

13 ‘‘(2) DURATION OF PAYMENTS.—The Secretary 

14 shall continue to pay compensation under this sec15 tion only as long as— 

16 ‘‘(A) the State or local government or per17 son agreeing to pay compensation under sub18 section (c)(2) continues to pay such compensa19 tion; and 

20 ‘‘(B) the Secretary decides the compensa21 tion is necessary to maintain air transportation 

22 to the eligible place. 

23 ‘‘(e) REVIEW.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall peri2 odically review the type and level of air service pro3 vided under this section. 

4 ‘‘(2) CONSULTATION.—The Secretary may 

5 make appropriate adjustments in the type and level 

6 of air service to an eligible place under this section 

7 based on the review under paragraph (1) and con8 sultation with the affected community and the State 

9 or local government or person agreeing to pay com10 pensation under subsection (c)(2). 

11 ‘‘(f) ENDING, SUSPENDING, AND REDUCING AIR

12 TRANSPORTATION.—A preferred air carrier providing air 

13 transportation to an eligible place under this section may 

14 end, suspend, or reduce such air transportation if, not 

15 later than 30 days before ending, suspending, or reducing 

16 such air transportation, the preferred air carrier provides 

17 notice of the intent of the preferred air carrier to end, 

18 suspend, or reduce such air transportation to— 

19 ‘‘(1) the Secretary; 

20 ‘‘(2) the affected community; and 

21 ‘‘(3) the State or local government or person 

22 agreeing to pay compensation under subsection 

23 (c)(2).’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents for chapter 417, as amended by subsection (a), 


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1 is further amended by adding after the item relating 

2 to section 41749 the following new item: 

‘‘41750. Preferred essential air service.’’. 

3 (c) RESTORATION OF ELIGIBILITY TO A PLACE DE4 TERMINED BY THE SECRETARY TO BE INELIGIBLE FOR

5 SUBSIDIZED ESSENTIAL AIR SERVICE.—Section 41733 is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(f) RESTORATION OF ELIGIBILITY FOR SUBSIDIZED

9 ESSENTIAL AIR SERVICE.— 

10 ‘‘(1) IN GENERAL.—If the Secretary of Trans11 portation terminates the eligibility of an otherwise 

12 eligible place to receive basic essential air service by 

13 an air carrier for compensation under subsection (c), 

14 a State or local government may submit to the Sec15 retary a proposal for restoring such eligibility. 

16 ‘‘(2) DETERMINATION BY SECRETARY.—If the 

17 per passenger subsidy required by the proposal sub18 mitted by a State or local government under para19 graph (1) does not exceed the per passenger subsidy 

20 cap provided under this subchapter, the Secretary 

21 shall issue an order restoring the eligibility of the 

22 otherwise eligible place to receive basic essential air 

23 service by an air carrier for compensation under 

24 subsection (c).’’. 

25 (d) OFFICE OF RURAL AVIATION.— 


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1 (1) ESTABLISHMENT.—There is established 

2 within the Office of the Secretary of Transportation 

3 the Office of Rural Aviation. 

4 (e) FUNCTIONS.—The functions of the Office are— 

5 (1) to develop a uniform 4-year contract for air 

6 carriers providing essential air service to commu7 nities under subchapter II of chapter 417 of title 49, 

8 United States Code; 

9 (2) to develop a mechanism for comparing ap10 plications submitted by air carriers under section 

11 41733(c) to provide essential air service to commu12 nities, including comparing— 

13 (A) estimates from air carriers on— 

14 (i) the cost of providing essential air 

15 service; and 

16 (ii) the revenues air carriers expect to 

17 receive when providing essential air service; 

18 and 

19 (B) estimated schedules for air transpor20 tation; and 

21 (3) to select an air carrier from among air car22 riers applying to provide essential air service, based 

23 on the criteria described in paragraph (2). 

24 (f) EXTENSION OF AUTHORITY TO MAKE AGREE25 MENTS UNDER THE ESSENTIAL AIR SERVICE PROVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 GRAM.—Section 41743(e)(2) is amended by striking 

2 ‘‘2008’’ and inserting ‘‘2011’’. 

3 (g) ADJUSTMENTS TO COMPENSATION FOR SIGNIFI4 CANTLY INCREASED COSTS.—Section 41737 is amended 

5 by adding at the end thereof the following: 

6 ‘‘(f) FUEL COST SUBSIDY DISREGARD.—Any amount 

7 provided as an adjustment in compensation pursuant to 

8 subsection (a)(1)(D) shall be disregarded for the purpose 

9 of determining whether the amount of compensation pro10 vided under this subchapter with respect to an eligible 

11 place exceeds the per passenger subsidy exceeds the dollar 

12 amount allowable under this subchapter.’’. 

13 SUBTITLE C—MISCELLANEOUS 

14 SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 

15 (a) IN GENERAL.—Section 47129 is amended— 

16 (1) by striking the section heading and insert17 ing the following: 

18 ‘‘§ 47129. Resolution of airport-air carrier and foreign 

19 air carrier disputes concerning airport 

20 fees’’ ; 

21 (2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

22 after ‘‘CARRIER’’ in the heading for subsection (d); 

23 (3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

24 after ‘‘CARRIER’’ in the heading for subsection 

25 (d)(2); 


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1 (4) by striking ‘‘air carrier’’ each place it ap2 pears and inserting ‘‘air carrier or foreign air car3 rier’’; 

4 (5) by striking ‘‘air carrier’s’’ each place it ap5 pears and inserting ‘‘air carrier’s or foreign air car6 rier’s’’; 

7 (6) by striking ‘‘air carriers’’ and inserting ‘‘air 

8 carriers or foreign air carriers’’; and 

9 (7) by striking ‘‘(as defined in section 40102 of 

10 this title)’’ in subsection (a) and inserting ‘‘(as those 

11 terms are defined in section 40102 of this title)’’. 

12 (b) CONFORMING AMENDMENT.—The table of con13 tents for chapter 471 is amended by striking the item re14 lating to section 47129 and inserting the following: 

‘‘47129. Resolution of airport-air carrier and foreign air carrier disputes concerning airport fees.’’. 

15 SEC. 432. CONTRACT TOWER PROGRAM. 

16 (a) COST-BENEFIT REQUIREMENT.—Section 

17 47124(b)(1) is amended— 

18 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(B) If the Secretary determines that a tower already 

21 operating under this program has a benefit to cost ratio 

22 of less than 1.0, the airport sponsor or State or local gov23 ernment having jurisdiction over the airport shall not be 

24 required to pay the portion of the costs that exceeds the 


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1 benefit for a period of 18 months after such determination 

2 is made. 

3 ‘‘(C) If the Secretary finds that all or part of an 

4 amount made available to carry out the program contin5 ued under this paragraph is not required during a fiscal 

6 year, the Secretary may use during such fiscal year the 

7 amount not so required to carry out the program estab8 lished under paragraph (3) of this section.’’. 

9 (b) FUNDING.—Subparagraph (E) of section 

10 47124(b)(3) is amended— 

11 (1) by striking ‘‘and’’ after ‘‘2006,’’; and 

12 (2) by inserting ‘‘$9,500,000 for fiscal year 

13 2010, and $10,000,000 for fiscal year 2011’’ after 

14 ‘‘2007,’’; and 

15 (3) by inserting after ‘‘paragraph.’’ the fol16 lowing: ‘‘If the Secretary finds that all or part of an 

17 amount made available under this subparagraph is 

18 not required during a fiscal year to carry out this 

19 paragraph, the Secretary may use during such fiscal 

20 year the amount not so required to carry out the 

21 program continued under subsection (b)(1) of this 

22 section.’’. 

23 (c) FEDERAL SHARE.—Subparagraph (C) of section 

24 47124(b)(4) is amended by striking ‘‘$1,500,000.’’ and in25 serting ‘‘$2,000,000.’’. 


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1 (d) SAFETY AUDITS.—Section 41724 is amended by 

2 adding at the end the following: 

3 ‘‘(c) SAFETY AUDITS.—The Secretary shall establish 

4 uniform standards and requirements for safety assess5 ments of air traffic control towers that receive funding 

6 under this section in accordance with the Administration’s 

7 safety management system.’’. 

8 SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED 

9 FORCES. 

10 (a) FINDINGS.—The Congress finds that— 

11 (1) the Armed Forces is comprised of approxi12 mately 1,450,000 members who are stationed on ac13 tive duty at more than 6,000 military bases in 146 

14 different countries; 

15 (2) the United States is indebted to the mem16 bers of the Armed Forces, many of whom are in 

17 grave danger due to their engagement in, or expo18 sure to, combat; 

19 (3) military service, especially in the current 

20 war against terrorism, often requires members of the 

21 Armed Forces to be separated from their families on 

22 short notice, for long periods of time, and under 

23 very stressful conditions; 

24 (4) the unique demands of military service often 

25 preclude members of the Armed Forces from purVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 chasing discounted advance airline tickets in order 

2 to visit their loved ones at home; and 

3 (5) it is the patriotic duty of the people of the 

4 United States to support the members of the Armed 

5 Forces who are defending the Nation’s interests 

6 around the world at great personal sacrifice. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that each United States air carrier should— 

9 (1) establish for all members of the Armed 

10 Forces on active duty reduced air fares that are 

11 comparable to the lowest airfare for ticketed flights; 

12 and 

13 (2) offer flexible terms that allow members of 

14 the Armed Forces on active duty to purchase, mod15 ify, or cancel tickets without time restrictions, fees 

16 (including baggage fees), ancillary costs, or pen17 alties. 

18 TITLE V— SAFETY 

19 SUBTITLE A—AVIATION SAFETY 

20 SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN. 

21 Not later than December 31, 2009, the Administrator 

22 of the Federal Aviation Administration shall issue a plan 

23 to develop an installation and deployment schedule for sys24 tems the Administration is installing to alert controllers 

25 and flight crews to potential runway incursions. The plan 


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1 shall be integrated into the annual Federal Aviation Ad2 ministration NextGen Implementation Plan. 

3 SEC. 502. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER4 TIFICATES. 

5 (a) JUDICIAL REVIEW OF NTSB DECISIONS.—Sec6 tion 44703(d) is amended by adding at the end the fol7 lowing: 

8 ‘‘(3) JUDICIAL REVIEW.—A person substantially af9 fected by an order of the Board under this subsection, or 

10 the Administrator when the Administrator decides that an 

11 order of the Board will have a significant adverse impact 

12 on carrying out this part, may obtain judicial review of 

13 the order under section 46110 of this title. The Adminis14 trator shall be made a party to the judicial review pro15 ceedings. The findings of fact of the Board in any such 

16 case are conclusive if supported by substantial evidence.’’. 

17 (b) CONFORMING AMENDMENT.—Section 1153(c) is 

18 amended by striking ‘‘section 44709 or’’ and inserting 

19 ‘‘section 44703(d), 44709, or’’. 

20 SEC. 503. RELEASE OF DATA RELATING TO ABANDONED 

21 TYPE CERTIFICATES AND SUPPLEMENTAL 

22 TYPE CERTIFICATES. 

23 Section 44704(a) is amended by adding at the end 

24 the following: 

25 ‘‘(5) RELEASE OF DATA.— 


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1 ‘‘(A) Notwithstanding any other provision of 

2 law, the Administrator may designate, without the 

3 consent of the owner of record, engineering data in 

4 the agency’s possession related to a type certificate 

5 or a supplemental type certificate for an aircraft, en6 gine, propeller or appliance as public data, and 

7 therefore releasable, upon request, to a person seek8 ing to maintain the airworthiness of such product, if 

9 the Administrator determines that— 

10 ‘‘(i) the certificate containing the requested 

11 data has been inactive for 3 years; 

12 ‘‘(ii) the owner of record, or the owner of 

13 record’s heir, of the type certificate or supple14 mental certificate has not been located despite 

15 a search of due diligence by the agency; and 

16 ‘‘(iii) the designation of such data as pub17 lic data will enhance aviation safety. 

18 ‘‘(B) In this section, the term ‘engineering 

19 data’ means type design drawings and specifications 

20 for the entire product or change to the product, in21 cluding the original design data, and any associated 

22 supplier data for individual parts or components ap23 proved as part of the particular aeronautical product 

24 certificate.’’. 


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1 SEC. 504. DESIGN ORGANIZATION CERTIFICATES. 

2 Section 44704(e) is amended— 

3 (1) by striking ‘‘Beginning 7 years after the 

4 date of enactment of this subsection,’’ in paragraph 

5 (1) and inserting ‘‘Effective January 1, 2013,’’; 

6 (2) by striking ‘‘testing’’ in paragraph (2) and 

7 inserting ‘‘production’’; and 

8 (3) by striking paragraph (3) and inserting the 

9 following: 

10 ‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DESIGN

11 ORGANIZATION CERTIFICATION.—The Administrator may 

12 rely on the Design Organization for certification of compli13 ance under this section.’’. 

14 SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR 

15 DATABASE SYSTEMS. 

16 (a) IN GENERAL.—Chapter 401 is amended by add17 ing at the end thereof the following: 

18 ‘‘§ 40130. FAA access to criminal history records or 

19 databases systems 

20 ‘‘(a) ACCESS TO RECORDS OR DATABASES SYS21 TEMS.— 

22 ‘‘(1) Notwithstanding section 534 of title 28 

23 and the implementing regulations for such section 

24 (28 C.F.R. part 20), the Administrator of the Fed25 eral Aviation Administration is authorized to access 

26 a system of documented criminal justice information 


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1 maintained by the Department of Justice or by a 

2 State but may do so only for the purpose of carrying 

3 out its civil and administrative responsibilities to 

4 protect the safety and security of the National Air5 space System or to support the missions of the De6 partment of Justice, the Department of Homeland 

7 Security, and other law enforcement agencies. The 

8 Administrator shall be subject to the same condi9 tions or procedures established by the Department 

10 of Justice or State for access to such an information 

11 system by other governmental agencies with access 

12 to the system. 

13 ‘‘(2) The Administrator may not use the access 

14 authorized under paragraph (1) to conduct criminal 

15 investigations. 

16 ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 

17 shall, by order, designate those employees of the Adminis18 tration who shall carry out the authority described in sub19 section (a). Such designated employees may— 

20 ‘‘(1) have access to and receive criminal history, 

21 driver, vehicle, and other law enforcement informa22 tion contained in the law enforcement databases of 

23 the Department of Justice, or of any jurisdiction in 

24 a State in the same manner as a police officer em25 ployed by a State or local authority of that State 


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1 who is certified or commissioned under the laws of 

2 that State; 

3 ‘‘(2) use any radio, data link, or warning sys4 tem of the Federal Government and of any jurisdic5 tion in a State that provides information about 

6 wanted persons, be-on-the-lookout notices, or war7 rant status or other officer safety information to 

8 which a police officer employed by a State or local 

9 authority in that State who is certified or commis10 sion under the laws of that State has access and in 

11 the same manner as such police officer; or 

12 ‘‘(3) receive Federal, State, or local government 

13 communications with a police officer employed by a 

14 State or local authority in that State in the same 

15 manner as a police officer employed by a State or 

16 local authority in that State who is commissioned 

17 under the laws of that State. 

18 ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE

19 INFORMATION DEFINED.—In this section the term ‘sys20 tem of documented criminal justice information’ means 

21 any law enforcement databases, systems, or communica22 tions containing information concerning identification, 

23 criminal history, arrests, convictions, arrest warrants, or 

24 wanted or missing persons, including the National Crime 

25 Information Center and its incorporated criminal history 


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1 databases and the National Law Enforcement Tele2 communications System.’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents for chapter 401 is amended by inserting after the 

5 item relating to section 40129 the following: 

‘‘40130. FAA access to criminal history records or databases systems.’’. 

6 SEC. 506. FLIGHT CREW FATIGUE. 

7 (a) IN GENERAL.—Within 3 months after the date 

8 of enactment of this Act the Administrator of the Federal 

9 Aviation Administration shall conclude arrangements with 

10 the National Academy of Sciences for a study of pilot fa11 tigue. 

12 (b) STUDY.—The study shall include consideration 

13 of— 

14 (1) research on fatigue, sleep, and circadian 

15 rhythms; 

16 (2) sleep and rest requirements recommended 

17 by the National Transportation Safety Board; and 

18 (3) international standards. 

19 (c) REPORT.—Within 18 months after initiating the 

20 study, the National Academy shall submit a report to the 

21 Administrator containing its findings and recommenda22 tions, including recommendations with respect to Federal 

23 Aviation Regulations governing flight limitation and rest 

24 requirements. 


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1 (d) RULEMAKING.—After the Administrator receives 

2 the National Academy’s report, the Federal Aviation Ad3 ministration shall consider the findings of the National 

4 Academy in its rulemaking proceeding on flight time limi5 tations and rest requirements. 

6 (e) IMPLEMENTATION OF FLIGHT ATTENDANT FA7 TIGUE STUDY RECOMMENDATIONS.—Within 60 days 

8 after the date of enactment of this Act, the Administrator 

9 of the Federal Aviation Administration shall initiate a 

10 process to carry out the recommendations of the Civil 

11 Aerospace Medical Institute study on flight attendant fa12 tigue. 

13 SEC. 507. INCREASING SAFETY FOR HELICOPTER AND 

14 FIXED WING EMERGENCY MEDICAL SERVICE 

15 OPERATORS AND PATIENTS. 

16 (a) COMPLIANCE REGULATIONS.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), not later than 18 months after the date 

19 of enactment of this Act, helicopter and fixed wing 

20 aircraft certificate holders providing emergency med21 ical services shall comply with part 135 of title 14, 

22 Code of Federal Regulations, if there is a medical 

23 crew on board, without regard to whether there are 

24 patients on board. 


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1 (2) EXCEPTION.—If a certificate holder de2 scribed in paragraph (1) is operating under instru3 ment flight rules or is carrying out training there4 for— 

5 (A) the weather minimums and duty and 

6 rest time regulations under such part 135 of 

7 such title shall apply; and 

8 (B) the weather reporting requirement at 

9 the destination shall not apply until such time 

10 as the Administrator of the Federal Aviation 

11 Administration determines that portable, reli12 able, and accurate ground-based weather meas13 uring and reporting systems are available. 

14 (b) IMPLEMENTATION OF FLIGHT RISK EVALUATION

15 PROGRAM.— 

16 (1) INITIATION.—Not later than 60 days after 

17 the date of enactment of this Act, the Administrator 

18 of the Federal Aviation Administration shall initiate 

19 a rulemaking— 

20 (A) to create a standardized checklist of 

21 risk evaluation factors based on Notice 

22 8000.301, which was issued by the Administra23 tion on August 1, 2005; and 

24 (B) to require helicopter and fixed wing 

25 aircraft emergency medical service operators to 


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1 use the checklist created under subparagraph 

2 (A) to determine whether a mission should be 

3 accepted. 

4 (2) COMPLETION.—The rulemaking initiated 

5 under paragraph (1) shall be completed not later 

6 than 18 months after it is initiated. 

7 (c) COMPREHENSIVE CONSISTENT FLIGHT DIS8 PATCH PROCEDURES.— 

9 (1) INITIATION.—Not later than 60 days after 

10 the date of enactment of this Act, the Administrator 

11 of the Federal Aviation Administration shall initiate 

12 a rulemaking— 

13 (A) to require that helicopter and fixed 

14 wing emergency medical service operators for15 malize and implement performance based flight 

16 dispatch and flight-following procedures; and 

17 (B) to develop a method to assess and en18 sure that such operators comply with the re19 quirements described in subparagraph (A). 

20 (2) COMPLETION.—The rulemaking initiated 

21 under paragraph (1) shall be completed not later 

22 than 18 months after it is initiated. 

23 (d) IMPROVING SITUATIONAL AWARENESS.—Within 

24 1 year after the date of enactment of this Act, any heli25 copter or fixed-wing aircraft used for emergency medical 


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1 service shall have on board a device that performs the 

2 function of a terrain awareness and warning system and 

3 a means of displaying that information that meets the re4 quirements of the applicable Federal Aviation Administra5 tion Technical Standard Order or other guidance pre6 scribed by the Administrator. 

7 (e) IMPROVING THE DATA AVAILABLE ON AIR MED8 ICAL OPERATIONS.— 

9 (1) IN GENERAL.—The Administrator of the 

10 Federal Aviation Administration shall require each 

11 certificate holder for helicopters and fixed-wing air12 craft used for emergency medical service operations 

13 to report not later than 1 year after the date of en14 actment of this Act and annually thereafter on— 

15 (A) the number of aircraft and helicopters 

16 used to provide air ambulance services, the reg17 istration number of each of these aircraft or 

18 helicopters, and the base location of each of 

19 these aircraft or helicopters; 

20 (B) the number of flights and hours flown 

21 by each such aircraft or helicopter used by the 

22 certificate holder to provide such services dur23 ing the reporting period; and 

24 (C) the number of flights and the purpose 

25 of each flight for each aircraft or helicopter 


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1 used by the certificate holder to provide such 

2 services during the reporting period. 

3 (2) REPORT TO CONGRESS.—The Adminis4 trator of the Federal Aviation Administration shall 

5 report to Congress on the information received pur6 suant to paragraph (1) of this subsection no later 

7 than 18 months after the date of enactment of this 

8 Act. 

9 (f) IMPROVING THE DATA AVAILABLE TO NTSB IN10 VESTIGATORS AT CRASH SITES.— 

11 (1) STUDY.—Not later than 120 days after the 

12 date of enactment of this Act, the Administrator of 

13 the Federal Aviation Administration shall issue a re14 port that indicates the availability, survivability, size, 

15 weight, and cost of devices that perform the function 

16 of recording voice communications and flight data 

17 information on existing and new helicopters and ex18 isting and new fixed wing aircraft used for emer19 gency medical service operations. 

20 (2) RULEMAKING.—Not later than 1 year after 

21 the date of enactment of this Act, the Administrator 

22 of the Federal Aviation Administration shall issue 

23 regulations that require devices that perform the 

24 function of recording voice communications and 


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1 flight data information on board aircraft described 

2 in paragraph (1). 

3 SEC. 508. CABIN CREW COMMUNICATION. 

4 (a) IN GENERAL.—Section 44728 is amended— 

5 (1) by redesignating subsection (f) as sub6 section (g); and 

7 (2) by inserting after subsection (e) the fol8 lowing: 

9 ‘‘(f) MINIMUM LANGUAGE SKILLS.— 

10 ‘‘(1) IN GENERAL.—No certificate holder may 

11 use any person to serve, nor may any person serve, 

12 as a flight attendant under this part, unless that 

13 person has demonstrated to an individual qualified 

14 to determine proficiency the ability to read, speak, 

15 and write English well enough to— 

16 ‘‘(A) read material written in English and 

17 comprehend the information; 

18 ‘‘(B) speak and understand English suffi19 ciently to provide direction to, and understand 

20 and answer questions from, English-speaking 

21 individuals; 

22 ‘‘(C) write incident reports and statements 

23 and log entries and statements; and 


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1 ‘‘(D) carry out written and oral instruc2 tions regarding the proper performance of their 

3 duties. 

4 ‘‘(2) FOREIGN FLIGHTS.—The requirements of 

5 paragraph (1) do not apply to service as a flight at6 tendant serving solely between points outside the 

7 United States.’’. 

8 (b) ADMINISTRATION.—The Administrator of the 

9 Federal Aviation Administration shall work with certifi10 cate holders to which section 44728(f) of title 49, United 

11 States Code, applies to facilitate compliance with the re12 quirements of section 44728(f)(1) of that title. 

13 SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDER14 STANDING WITH OSHA. 

15 (a) IN GENERAL.—Within 6 months after the date 

16 of enactment of this Act, the Administrator of the Federal 

17 Aviation Administration shall— 

18 (1) establish milestones, in consultation with 

19 the Occupational Safety and Health Administration, 

20 through a report to Congress for the completion of 

21 work begun under the August 2000 memorandum of 

22 understanding between the 2 Administrations and to 

23 address issues needing further action in the Admin24 istrations’ joint report in December 2000; and 


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1 (2) initiate development of a policy statement to 

2 set forth the circumstances in which Occupational 

3 Safety and Health Administration requirements may 

4 be applied to crewmembers while working in the air5 craft. 

6 (b) POLICY STATEMENT.—The policy statement to be 

7 developed under subsection (a)(2) shall be completed with8 in 18 months after the date of enactment of this Act and 

9 shall satisfy the following principles: 

10 (1) The establishment of a coordinating body 

11 similar to the Aviation Safety and Health Joint 

12 Team established by the August 2000 memorandum 

13 of understanding that includes representatives des14 ignated by both Administrations— 

15 (A) to examine the applicability of current 

16 and future Occupational Safety and Health Ad17 ministration regulations; 

18 (B) to recommend policies for facilitating 

19 the training of Federal Aviation Administration 

20 inspectors; and 

21 (C) to make recommendations that will 

22 govern the inspection and enforcement of safety 

23 and health standards on board aircraft in oper24 ation and all work-related environments. 


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1 (2) Any standards adopted by the Federal Avia2 tion Administration shall set forth clearly— 

3 (A) the circumstances under which an em4 ployer is required to take action to address oc5 cupational safety and health hazards; 

6 (B) the measures required of an employer 

7 under the standard; and 

8 (C) the compliance obligations of an em9 ployer under the standard. 

10 SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLE11 MENTATION OF REQUIRED NAVIGATION PER12 FORMANCE APPROACH PROCEDURES. 

13 (a) IN GENERAL.— 

14 (1) ANNUAL MINIMUM REQUIRED NAVIGATION

15 PERFORMANCE PROCEDURES.—The Administrator 

16 shall set a target of achieving a minimum of 200 

17 Required Navigation Performance procedures each 

18 fiscal year through fiscal year 2012, with 25 percent 

19 of that target number meeting the low visibility ap20 proach criteria consistent with the NextGen Imple21 mentation Plan. 

22 (2) USE OF THIRD PARTIES.—The Adminis23 trator is authorized to provide third parties the abil24 ity to design, flight check, and implement Required 

25 Navigation Performance approach procedures. 


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1 (b) DOT INSPECTOR GENERAL REVIEW OF OPER2 ATIONAL AND APPROACH PROCEDURES BY A THIRD

3 PARTY.— 

4 (1) REVIEW.—The Inspector General of the De5 partment of Transportation shall conduct a review 

6 regarding the effectiveness of the oversight activities 

7 conducted by the Administration in connection with 

8 any agreement with or delegation of authority to a 

9 third party for the development of flight procedures, 

10 including public use procedures, for the National 

11 Airspace System. 

12 (2) ASSESSMENTS.—The Inspector General 

13 shall include, at a minimum, in the review— 

14 (A) an assessment of the extent to which 

15 the Administration is relying or intends to rely 

16 on a third party for the development of new 

17 procedures and a determination of whether the 

18 Administration has established sufficient mech19 anisms and staffing to provide safety oversight 

20 functions, which may include quality assurance 

21 processes, flight checks, integration of proce22 dures into the National Aviation System, and 

23 operational assessments of procedures developed 

24 by third parties; and 


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1 (B) an assessment regarding whether the 

2 Administration has sufficient existing personnel 

3 and technical resources or mechanisms to de4 velop such flight procedures in a safe and effi5 cient manner to meet the demands of the Na6 tional Airspace System without the use of third 

7 party resources. 

8 (c) REPORT.—No later than 1 year after the date of 

9 enactment of this Act, the Inspector General shall submit 

10 to the Senate Committee on Commerce, Science, and 

11 Transportation and the House of Representatives Com12 mittee on Transportation and Infrastructure a report on 

13 the results of the review conducted under this section. 

14 SEC. 511. IMPROVED SAFETY INFORMATION. 

15 Not later than December 31, 2009, the Administrator 

16 of the Federal Aviation Administration shall issue a final 

17 rule in docket No. FAA–2008–0188, Re-registration and 

18 Renewal of Aircraft Registration. The final rule shall in19 clude— 

20 (1) provision for the expiration of a certificate 

21 for an aircraft registered as of the date of enactment 

22 of this Act, with re-registration requirements for 

23 those aircraft that remain eligible for registration; 


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1 (2) provision for the periodic expiration of all 

2 certificates issued after the effective date of the rule 

3 with a registration renewal process; and 

4 (3) other measures to promote the accuracy and 

5 efficient operation and value of the Administration’s 

6 aircraft registry. 

7 SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS 

8 IMPROVEMENTS. 

9 (a) IN GENERAL.—Within 180 days after the date 

10 of enactment of this Act, the Administrator of the Federal 

11 Aviation Administration shall— 

12 (1) take such action as may be necessary to en13 sure that the Voluntary Disclosure Reporting Proc14 ess requires inspectors— 

15 (A) to evaluate corrective action proposed 

16 by an air carrier with respect to a matter dis17 closed by that air carrier is sufficiently com18 prehensive in scope and application and applies 

19 to all affected aircraft operated by that air car20 rier before accepting the proposed voluntary 

21 disclosure; 

22 (B) to verify that corrective action so iden23 tified by an air carrier is completed within the 

24 timeframe proposed; and 


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1 (C) to verify by inspection that the car2 rier’s corrective action adequately corrects the 

3 problem that was disclosed; and 

4 (2) establish a second level supervisory review 

5 of disclosures under the Voluntary Disclosure Re6 porting Process before any proposed disclosure is ac7 cepted and closed that will ensure that a matter dis8 closed by an air carrier— 

9 (A) has not been previously identified by a 

10 Federal Aviation Administration inspector; and 

11 (B) has not been previously disclosed by 

12 the carrier in the preceding 5 years. 

13 (b) GAO STUDY.— 

14 (1) IN GENERAL.—The Comptroller General 

15 shall conduct a study of the Voluntary Disclosure 

16 Reporting Program. 

17 (2) REVIEW.—In conducting the study, the 

18 Comptroller General shall examine, at a minimum, 

19 whether— 

20 (A) there is evidence that voluntary disclo21 sure is resulting in regulated entities discov22 ering and correcting violations to a greater ex23 tent than would otherwise occur if there was no 

24 program for immunity from enforcement action; 


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1 (B) the voluntary disclosure program 

2 makes the Federal Aviation Administration 

3 aware of violations that it would not have dis4 covered if there was not a program, and if a 

5 violation is disclosed voluntarily, whether the 

6 Administration insists on stronger corrective ac7 tions than would have occurred if the regulated 

8 entity knew of a violation, but the Administra9 tion did not; 

10 (C) the information the Administration 

11 gets under the program leads to fewer viola12 tions by other entities, either because the infor13 mation leads other entities to look for similar 

14 violations or because the information leads Ad15 ministration investigators to look for similar 

16 violations at other entities; and 

17 (D) there is any evidence that voluntary 

18 disclosure has improved compliance with regula19 tions, either for the entities making disclosures 

20 or for the industry generally. 

21 (3) REPORT.—Not later than one year after the 

22 date of enactment of this Act, the Comptroller Gen23 eral shall submit a report to the Senate Committee 

24 on Commerce, Science, and Transportation and the 

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1 tation and Infrastructure on the results of the study 

2 conducted under this subsection. 

3 SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPEC4 TIONS. 

5 (a) IN GENERAL.—Section 44711 is amended by 

6 adding at the end the following: 

7 ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT

8 STANDARDS INSPECTORS.— 

9 ‘‘(1) PROHIBITION.—A person holding an oper10 ating certificate issued under title 14, Code of Fed11 eral Regulations, may not knowingly employ, or 

12 make a contractual arrangement which permits, an 

13 individual to act as an agent or representative of the 

14 certificate holder in any matter before the Federal 

15 Aviation Administration if the individual, in the pre16 ceding 3-year period— 

17 ‘‘(A) served as, or was responsible for over18 sight of, a flight standards inspector of the Ad19 ministration; and 

20 ‘‘(B) had responsibility to inspect, or over21 see inspection of, the operations of the certifi22 cate holder. 

23 ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 

24 For purposes of paragraph (1), an individual shall 

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1 tive of a certificate holder in a matter before the 

2 Federal Aviation Administration if the individual 

3 makes any written or oral communication on behalf 

4 of the certificate holder to the Administration (or 

5 any of its officers or employees) in connection with 

6 a particular matter, whether or not involving a spe7 cific party and without regard to whether the indi8 vidual has participated in, or had responsibility for, 

9 the particular matter while serving as a flight stand10 ards inspector of the Administration.’’. 

11 (b) APPLICABILITY.—The amendment made by sub12 section (a) shall not apply to an individual employed by 

13 a certificate holder as of the date of enactment of this 

14 Act. 

15 SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES. 

16 Within 30 days after the date of enactment of this 

17 Act, the Comptroller General shall initiate a review and 

18 investigation of air safety issues identified by Federal 

19 Aviation Administration employees and reported to the 

20 Administrator. The Comptroller General shall report the 

21 Government Accountability Office’s findings and rec22 ommendations to the Administrator, the Senate Com23 mittee on Commerce, Science, and Transportation, and 

24 the House of Representatives Committee on Transpor25 tation and Infrastructure on an annual basis. 


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1 SEC. 515. NATIONAL REVIEW TEAM. 

2 (a) IN GENERAL.—Within 180 days after the date 

3 of enactment of this Act, the Administrator of the Federal 

4 Aviation Administration shall establish a national review 

5 team within the Administration to conduct periodic, ran6 dom reviews of the Administration’s oversight of air car7 riers and report annually its findings and recommenda8 tions to the Administrator, the Senate Commerce, Science, 

9 and Transportation Committee, and the House of Rep10 resentatives Committee on Transportation and Infrastruc11 ture. 

12 (b) INSPECTOR GENERAL REPORTS.—The Inspector 

13 General of the Department of Transportation shall provide 

14 progress reports to the Senate Committee on Commerce, 

15 Science, and Transportation and the House of Represent16 atives Committee on Transportation and Infrastructure on 

17 the review teams and their effectiveness. 

18 (c) ADDITIONAL SAFETY INSPECTORS.—From 

19 amounts appropriated pursuant to section 106(k)(1) of 

20 title 49, United States Code, the Administrator of the 

21 Federal Aviation Administration may hire a net increase 

22 of 200 additional safety inspectors. 

23 SEC. 516. FAA ACADEMY IMPROVEMENTS. 

24 (a) REVIEW.—Within 1 year after the date of enact25 ment of this Act, the Administrator of the Federal AviaVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 tion Administration shall conduct a comprehensive review 

2 and evaluation of its Academy and facility training efforts. 

3 (b) FACILITY TRAINING PROGRAM.—The Adminis4 trator shall— 

5 (1) clarify responsibility for oversight and direc6 tion of the Academy’s facility training program at 

7 the national level; 

8 (2) communicate information concerning that 

9 responsibility to facility managers; and 

10 (3) establish standards to identify the number 

11 of developmental controllers that can be accommo12 dated at each facility, based on— 

13 (A) the number of available on-the-job14 training instructors; 

15 (B) available classroom space; 

16 (C) the number of available simulators; 

17 (D) training requirements; and 

18 (E) the number of recently placed new per19 sonnel already in training. 

20 SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPER21 ATIONAL ERRORS. 

22 (a) PLAN.—The Administrator of the Federal Avia23 tion Administration shall develop a plan for the reduction 

24 of runway incursions by reviewing every commercial serv25 ice airport (as defined in section 47102 of title 49, United 


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1 States Code) in the United States and initiating action 

2 to improve airport lighting, provide better signage, and 

3 improve runway and taxiway markings. 

4 (b) PROCESS.—Within 1 year after the date of enact5 ment of this Act, the Administrator of the Federal Avia6 tion Administration shall develop a process for tracking 

7 and investigating operational errors and runway incur8 sions that includes— 

9 (1) identifying the office responsible for estab10 lishing regulations regarding operational errors and 

11 runway incursions; 

12 (2) identifying who is responsible for tracking 

13 and investigating operational errors and runway in14 cursions and taking remedial actions; 

15 (3) identifying who is responsible for tracking 

16 operational errors and runway incursions, including 

17 a process for lower level employees to report to high18 er supervisory levels; and 

19 (4) periodic random audits of the oversight 

20 process. 

21 SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGA22 TION OFFICE. 

23 Section 106 is amended by adding at the end the fol24 lowing: 


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1 ‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVES2 TIGATION OFFICE.— 

3 ‘‘(1) ESTABLISHMENT.—There is established in 

4 the Administration an Aviation Safety Whistleblower 

5 Investigation Office. 

6 ‘‘(2) DIRECTOR.— 

7 ‘‘(A) APPOINTMENT.—The head of the Of8 fice shall be the Director, who shall be ap9 pointed by the Secretary of Transportation. 

10 ‘‘(B) QUALIFICATIONS.—The Director 

11 shall have a demonstrated ability in investiga12 tions and knowledge of or experience in avia13 tion. 

14 ‘‘(C) TERM.—The Director shall be ap15 pointed for a term of 5 years. 

16 ‘‘(D) VACANCY.—Any individual appointed 

17 to fill a vacancy in the position of the Director 

18 occurring before the expiration of the term for 

19 which the individual’s predecessor was ap20 pointed shall be appointed for the remainder of 

21 that term. 

22 ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 

23 ‘‘(A) AUTHORITY OF DIRECTOR.—The Di24 rector shall— 


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1 ‘‘(i) receive complaints and informa2 tion submitted by employees of persons 

3 holding certificates issued under title 14, 

4 Code of Federal Regulations, and employ5 ees of the Administration concerning the 

6 possible existence of an activity relating to 

7 a violation of an order, regulation, or 

8 standard of the Administration or any 

9 other provision of Federal law relating to 

10 aviation safety; 

11 ‘‘(ii) assess complaints and informa12 tion submitted under clause (i) and deter13 mine whether a substantial likelihood ex14 ists that a violation of an order, regulation, 

15 or standard of the Administration or any 

16 other provision of Federal law relating to 

17 aviation safety may have occurred; and 

18 ‘‘(iii) based on findings of the assess19 ment conducted under clause (ii), make 

20 recommendations to the Administrator in 

21 writing for further investigation or correc22 tive actions. 

23 ‘‘(B) DISCLOSURE OF IDENTITIES.—The 

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1 dividual who submits a complaint or informa2 tion under subparagraph (A)(i) unless— 

3 ‘‘(i) the individual consents to the dis4 closure in writing; or 

5 ‘‘(ii) the Director determines, in the 

6 course of an investigation, that the disclo7 sure is unavoidable. 

8 ‘‘(C) INDEPENDENCE OF DIRECTOR.—The 

9 Secretary, the Administrator, or any officer or 

10 employee of the Administration may not pre11 vent or prohibit the Director from initiating, 

12 carrying out, or completing any assessment of 

13 a complaint or information submitted subpara14 graph (A)(i) or from reporting to Congress on 

15 any such assessment. 

16 ‘‘(D) ACCESS TO INFORMATION.—In con17 ducting an assessment of a complaint or infor18 mation submitted under subparagraph (A)(i), 

19 the Director shall have access to all records, re20 ports, audits, reviews, documents, papers, rec21 ommendations, and other material necessary to 

22 determine whether a substantial likelihood ex23 ists that a violation of an order, regulation, or 

24 standard of the Administration or any other 


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1 provision of Federal law relating to aviation 

2 safety may have occurred. 

3 ‘‘(4) RESPONSES TO RECOMMENDA4 TIONS.—The Administrator shall respond to a 

5 recommendation made by the Director under 

6 subparagraph (A)(iii) in writing and retain 

7 records related to any further investigations or 

8 corrective actions taken in response to the rec9 ommendation. 

10 ‘‘(5) INCIDENT REPORTS.—If the Director de11 termines there is a substantial likelihood that a vio12 lation of an order, regulation, or standard of the Ad13 ministration or any other provision of Federal law 

14 relating to aviation safety may have occurred that 

15 requires immediate corrective action, the Director 

16 shall report the potential violation expeditiously to 

17 the Administrator and the Inspector General of the 

18 Department of Transportation. 

19 ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO

20 INSPECTOR GENERAL.—If the Director has reason21 able grounds to believe that there has been a viola22 tion of Federal criminal law, the Director shall re23 port the violation expeditiously to the Inspector Gen24 eral. 


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1 ‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not 

2 later than October 1 of each year, the Director shall 

3 submit to Congress a report containing— 

4 ‘‘(A) information on the number of submis5 sions of complaints and information received by 

6 the Director under paragraph (3)(A)(i) in the 

7 preceding 12-month period; 

8 ‘‘(B) summaries of those submissions; 

9 ‘‘(C) summaries of further investigations 

10 and corrective actions recommended in response 

11 to the submissions; and 

12 ‘‘(D) summaries of the responses of the 

13 Administrator to such recommendations.’’. 

14 SEC. 519. MODIFICATION OF CUSTOMER SERVICE INITIA15 TIVE. 

16 (a) MODIFICATION OF INITIATIVE.—Not later than 

17 90 days after the date of enactment of this Act, the Ad18 ministrator of the Federal Aviation Administration shall 

19 modify the customer service initiative, mission and vision 

20 statements, and other statements of policy of the Adminis21 tration— 

22 (1) to remove any reference to air carriers or 

23 other entities regulated by the Administration as 

24 ‘‘customers’’; 


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1 (2) to clarify that in regulating safety the only 

2 customers of the Administration are members of the 

3 traveling public; and 

4 (3) to clarify that air carriers and other entities 

5 regulated by the Administration do not have the 

6 right to select the employees of the Administration 

7 who will inspect their operations. 

8 (b) SAFETY PRIORITY.—In carrying out the Adminis9 trator’s responsibilities, the Administrator shall ensure 

10 that safety is given a higher priority than preventing the 

11 dissatisfaction of an air carrier or other entity regulated 

12 by the Administration with an employee of the Adminis13 tration. 

14 SEC. 520. HEADQUARTERS REVIEW OF AIR TRANSPOR15 TATION OVERSIGHT SYSTEM DATABASE. 

16 (a) REVIEWS.—The Administrator of the Federal 

17 Aviation Administration shall establish a process by which 

18 the air transportation oversight system database of the 

19 Administration is reviewed by a team of employees of the 

20 Agency on a monthly basis to ensure that— 

21 (1) any trends in regulatory compliance are 

22 identified; and 

23 (2) appropriate corrective actions are taken in 

24 accordance with Agency regulations, advisory direc25 tives, policies, and procedures. 


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1 (b) MONTHLY TEAM REPORTS.— 

2 (1) IN GENERAL.—The team of employees con3 ducting a monthly review of the air transportation 

4 oversight system database under subsection (a) shall 

5 submit to the Administrator, the Associate Adminis6 trator for Aviation Safety, and the Director of 

7 Flight Standards a report on the results of the re8 view. 

9 (2) CONTENTS.—A report submitted under 

10 paragraph (1) shall identify— 

11 (A) any trends in regulatory compliance 

12 discovered by the team of employees in con13 ducting the monthly review; and 

14 (B) any corrective actions taken or pro15 posed to be taken in response to the trends. 

16 (c) QUARTERLY REPORTS TO CONGRESS.—The Ad17 ministrator, on a quarterly basis, shall submit a report 

18 to the Senate Committee on Commerce, Science, and 

19 Transportation and the House of Representatives Com20 mittee on Transportation and Infrastructure on the re21 sults of reviews of the air transportation oversight system 

22 database conducted under this section, including copies of 

23 reports received under subsection (b). 


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1 SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS. 

2 (a) IN GENERAL.—Chapter 447 is amended by add3 ing at the end the following: 

4 ‘‘§ 44730. Inspection of foreign repair stations 

5 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

6 enactment of the FAA Air Transportation Modernization 

7 and Safety Improvement Act the Administrator of the 

8 Federal Aviation Administration shall establish and imple9 ment a safety assessment system for all part 145 repair 

10 stations based on the type, scope, and complexity of work 

11 being performed. The system shall— 

12 ‘‘(1) ensure that repair stations outside the 

13 United States are subject to appropriate inspections 

14 based on identified risk and consistent with existing 

15 United States requirements; 

16 ‘‘(2) consider inspection results and findings 

17 submitted by foreign civil aviation authorities oper18 ating under a maintenance safety or maintenance 

19 implementation agreement with the United States in 

20 meeting the requirements of the safety assessment 

21 system; and 

22 ‘‘(3) require all maintenance safety or mainte23 nance implementation agreements to provide an op24 portunity for the Federal Aviation Administration to 

25 conduct independent inspections of covered part 145 


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1 repair stations when safety concerns warrant such 

2 inspections. 

3 ‘‘(b) NOTICE TO CONGRESS OF NEGOTIATIONS.—The 

4 Administrator shall notify the Senate Committee on Com5 merce, Science, and Transportation and the House of Rep6 resentatives Committee on Transportation and Infrastruc7 ture within 30 days after initiating formal negotiations 

8 with foreign aviation authorities or other appropriate for9 eign government agencies on a new maintenance safety or 

10 maintenance implementation agreement. 

11 ‘‘(c) ANNUAL REPORT.—The Administrator shall 

12 publish an annual report on the Federal Aviation Adminis13 tration’s oversight of part 145 repair stations and imple14 mentation of the safety assessment system required by 

15 subsection (a). The report shall— 

16 ‘‘(1) describe in detail any improvements in the 

17 Federal Aviation Administration’s ability to identify 

18 and track where part 121 air carrier repair work is 

19 performed; 

20 ‘‘(2) include a staffing model to determine the 

21 best placement of inspectors and the number of in22 spectors needed; 

23 ‘‘(3) describe the training provided to inspec24 tors; and 


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1 ‘‘(4) include an assessment of the quality of 

2 monitoring and surveillance by the Federal Aviation 

3 Administration of work provided by its inspectors 

4 and the inspectors of foreign authorities operating 

5 under a maintenance safety or implementation 

6 agreement. 

7 ‘‘(d) ALCOHOL AND CONTROLLED SUBSTANCE TEST8 ING PROGRAM REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.—The Secretaries of State 

10 and Transportation jointly shall request the govern11 ments of foreign countries that are members of the 

12 International Civil Aviation Organization to establish 

13 international standards for alcohol and controlled 

14 substances testing of persons that perform safety 

15 sensitive maintenance functions upon commercial air 

16 carrier aircraft. 

17 ‘‘(2) APPLICATION TO PART 121 AIRCRAFT

18 WORK.—Within 1 year after the date of enactment 

19 of the FAA Air Transportation Modernization and 

20 Safety Improvement Act the Administrator shall 

21 promulgate a proposed rule requiring that all part 

22 145 repair station employees responsible for safety23 sensitive functions on part 121 air carrier aircraft 

24 are subject to an alcohol and controlled substance 

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1 ministrator and consistent with the applicable laws 

2 of the country in which the repair station is located. 

3 ‘‘(e) BIANNUAL INSPECTIONS.—The Administrator 

4 shall require part 145 repair stations to be inspected twice 

5 each year by Federal Aviation Administration safety in6 spectors, regardless of where the station is located, in a 

7 manner consistent with United States obligations under 

8 international agreements. 

9 ‘‘(f) DEFINITIONS.—In this section: 

10 ‘‘(1) PART 121 AIR CARRIER.—The term ‘part 

11 121 air carrier’ means an air carrier that holds a 

12 certificate issued under part 121 of title 14, Code of 

13 Federal Regulations. 

14 ‘‘(2) PART 145 REPAIR STATION.—The term 

15 ‘part 145 repair station’ means a repair station that 

16 holds a certificate issued under part 145 of title 14, 

17 Code of Federal Regulations.’’. 

18 (b) CONFORMING AMENDMENT.—The table of con19 tents for chapter 447 is amended by adding at the end 

20 thereof the following: 

‘‘44730. Inspection of foreign repair stations.’’. 

21 SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS. 

22 (a) REGULATIONS.—Not later than 3 years after the 

23 date of enactment of this Act, the Administrator of the 

24 Federal Aviation Administration shall issue regulations re25 quiring that all covered maintenance work on aircraft used 


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1 to provide air transportation under part 121 of title 14, 

2 Code of Federal Regulations, be performed by individuals 

3 in accordance with subsection (b). 

4 (b) PERSONS AUTHORIZED TO PERFORM CERTAIN

5 WORK.—No individual may perform covered maintenance 

6 work on aircraft used to provide air transportation under 

7 part 121 of title 14, Code of Federal Regulations unless 

8 that individual is employed by— 

9 (1) a part 121 air carrier; 

10 (2) a part 145 repair station; 

11 (3) a person that provides contract maintenance 

12 workers or services to a part 145 repair station or 

13 part 121 air carrier, and the individual— 

14 (A) meets the requirements of the part 

15 121 air carrier or the part 145 repair station; 

16 or 

17 (B)(i) performs the work under the direct 

18 supervision and control of the part 121 air car19 rier or the part 145 repair station directly in 

20 charge of the maintenance services; and 

21 (ii) carries out the work in accordance with 

22 the part 121 air carrier’s maintenance manual; 

23 or 

24 (4) by the holder of a type certificate, produc25 tion certificate, or other production approval issued 


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1 under part 21 of title 14, Code of Federal Regula2 tions, and the holder of such certificate or ap3 proval— 

4 (A) originally produced, and continues to 

5 produce, the article upon which the work is to 

6 be performed; and 

7 (B) is acting in conjunction with a part 

8 121 air carrier or a part 145 repair station. 

9 (d) DEFINITIONS.—In this section: 

10 (1) COVERED MAINTENANCE WORK.—The term 

11 ‘‘covered maintenance work’’ means maintenance 

12 work that is essential maintenance, regularly sched13 uled maintenance, or a required inspection item, as 

14 determined by the Administrator. 

15 (2) PART 121 AIR CARRIER.—The term ‘‘part 

16 121 air carrier’’ has the meaning given that term in 

17 section 44730(f)(1) of title 49, United States Code. 

18 (3) PART 145 REPAIR STATION.—The term 

19 ‘‘part 145 repair station’’ has the meaning given 

20 that term in section 44730(f)(2) of title 49, United 

21 States Code. 

22 SUBTITLE B—FLIGHT SAFETY 

23 SEC. 551. PILOT APPLICANT EMPLOYMENT RECORDS. 

24 (a) IN GENERAL.—Section 44703(h) is amended to 

25 read as follows: 


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1 ‘‘(h) RECORDS OF EMPLOYMENT, TRAINING, AND

2 TESTING.— 

3 ‘‘(1) IN GENERAL.—The Administrator of the 

4 Federal Aviation Administration shall establish and 

5 maintain a pilot employment, training, and testing 

6 database and shall publish notice in the Federal 

7 Register when the database is operational. The data8 base shall include the following information: 

9 ‘‘(A) FAA RECORDS.—From the Federal 

10 Aviation Administration, records pertaining to 

11 the individual that are maintained by the Ad12 ministration concerning— 

13 ‘‘(i) current airman certificates (in14 cluding airman medical certificates) and 

15 associated type ratings, including any limi16 tations to those certificates and ratings; 

17 ‘‘(ii) any failed attempt of the indi18 vidual to pass a practical test required to 

19 obtain a certificate or type rating under 

20 part 61 of title 14, Code of Federal Regu21 lations; and 

22 ‘‘(iii) summaries of legal enforcement 

23 actions resulting in a finding by the Ad24 ministrator of a violation of this title or a 

25 regulation prescribed or order issued under 


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1 this title that was not subsequently over2 turned. 

3 ‘‘(B) AIR CARRIER AND OTHER

4 RECORDS.—From any air carrier or other per5 son (except a branch of the United States 

6 Armed Forces, the National Guard, or a reserve 

7 component of the United States Armed Forces) 

8 that has employed the individual as a pilot of 

9 a civil or public aircraft, or from the trustee in 

10 bankruptcy for such air carrier or person— 

11 ‘‘(i) records pertaining to the indi12 vidual that are maintained by an air car13 rier (other than records relating to flight 

14 time, duty time, or rest time) under regu15 lations set forth in— 

16 ‘‘(I) section 121.683 of title 14, 

17 Code of Federal Regulations; 

18 ‘‘(II) paragraph (A) of section 

19 VI, appendix I, part 121 of such title; 

20 ‘‘(III) paragraph (A) of section 

21 IV, appendix J, part 121 of such title; 

22 ‘‘(IV) section 125.401 of such 

23 title; and 

24 ‘‘(V) section 135.63(a)(4) of such 

25 title; and 


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1 ‘‘(ii) other records pertaining to the 

2 individual’s performance as a pilot that are 

3 maintained by the air carrier or person 

4 concerning— 

5 ‘‘(I) the training, qualifications, 

6 proficiency, or professional com7 petence of the individual, including 

8 comments and evaluations made by a 

9 check airman designated in accord10 ance with section 121.411, 125.295, 

11 or 135.337 of such title; 

12 ‘‘(II) any disciplinary action 

13 taken with respect to the individual 

14 that was not subsequently overturned; 

15 and 

16 ‘‘(III) any release from employ17 ment or resignation, termination, or 

18 disqualification with respect to em19 ployment. 

20 ‘‘(C) NATIONAL DRIVER REGISTER

21 RECORDS.—In accordance with section 

22 30305(b)(8), from the chief driver licensing of23 ficial of a State, information concerning the 

24 motor vehicle driving record of the individual. 


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1 ‘‘(2) RECORDS OF CURRENT EMPLOYEES.— 

2 Each air carrier shall submit to the Administrator, 

3 for inclusion in the database established under para4 graph (1)— 

5 ‘‘(A) not later than 180 days after the date 

6 on which notice of the establishment of the 

7 database is published, the records described in 

8 paragraph (1)(B) concerning any pilot em9 ployed by the air carrier; and 

10 ‘‘(B) after such date, not later than 30 

11 days after the generation of any new records 

12 described in paragraph (1)(B), such new 

13 records. 

14 ‘‘(3) RIGHT OF PILOT TO REVIEW.—Notwith15 standing any other provision of law or agreement, 

16 the Administrator, upon written request from a 

17 pilot, shall make available to the pilot for review and 

18 correction, within a reasonable time, but not later 

19 than 30 days after the date of the request, a copy 

20 of all records referred to in paragraph (1) pertaining 

21 to the pilot. 

22 ‘‘(4) RIGHT TO RECEIVE NOTICE AND COPY OF

23 ANY RECORD FURNISHED.—A person who receives a 

24 request for records described in paragraph (1) shall 


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1 provide to the individual who is the subject of the 

2 records— 

3 ‘‘(A) on or before the 20th day following 

4 the date of receipt of the request, written notice 

5 of the request and of the individual’s right to 

6 receive a copy of such records; and 

7 ‘‘(B) in accordance with paragraph (3), a 

8 copy of such records, if requested by the indi9 vidual. 

10 ‘‘(5) RIGHT TO CORRECT INACCURACIES.—An 

11 air carrier that maintains or requests and receives 

12 the records of an individual under paragraph (1) 

13 shall provide the individual with a reasonable oppor14 tunity to submit written comments to correct any in15 accuracies contained in the records before making a 

16 final hiring decision with respect to the individual. 

17 After the database established under paragraph (1) 

18 is operational, the air carrier shall submit any cor19 rections made or accepted by the air carrier to the 

20 Administration for inclusion in the database within 

21 30 days after the corrections are made or accepted 

22 by the air carrier. 

23 ‘‘(6) PRIVACY PROTECTIONS.—An air carrier 

24 that maintains, or requests and receives, the records 

25 described in paragraph (1) of an individual may use 


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1 such records only to assess the qualifications of the 

2 individual in deciding whether or not to hire the in3 dividual as a pilot. The air carrier shall take such 

4 actions as may be necessary to protect the privacy 

5 of the pilot and the confidentiality of the records, in6 cluding ensuring that information contained in the 

7 records is not divulged to any individual that is not 

8 directly involved in the hiring decision. 

9 ‘‘(7) PERIODIC REVIEW.—Not later than 18 

10 months after the date of the enactment of the FAA 

11 Air Transportation Modernization and Safety Im12 provement Act, and at least once every 3 years 

13 thereafter, the Administrator shall submit to Con14 gress a statement that contains, taking into account 

15 recent developments in the aviation industry— 

16 ‘‘(A) recommendations by the Adminis17 trator concerning proposed changes to Adminis18 tration records, air carrier records, and other 

19 records required to be furnished under para20 graph (1); or 

21 ‘‘(B) reasons why the Administrator does 

22 not recommend any proposed changes to the 

23 records referred to in paragraph (1). 

24 ‘‘(8) RULEMAKING.—The Administrator shall 

25 prescribe such regulations as may be necessary— 


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1 ‘‘(A) to protect— 

2 ‘‘(i) the personal privacy of any indi3 vidual whose records are included in the 

4 database established under paragraph (1); 

5 and 

6 ‘‘(ii) the confidentiality of those 

7 records; 

8 ‘‘(B) to preclude the further dissemination 

9 of records received under paragraph (1) by the 

10 person who requested those records; and 

11 ‘‘(C) to ensure prompt compliance with 

12 any request made under this subsection. 

13 ‘‘(9) SPECIAL RULES WITH RESPECT TO CER14 TAIN PILOTS.— 

15 ‘‘(A) PILOTS OF CERTAIN SMALL AIR16 CRAFT.—Notwithstanding paragraph (1), an air 

17 carrier, before receiving information requested 

18 about an individual under this subsection, may 

19 allow the individual to begin service for a period 

20 not to exceed 90 days as a pilot of an aircraft 

21 with a maximum payload capacity (as defined 

22 in section 119.3 of title 14, Code of Federal 

23 Regulations) of 7,500 pounds or less, or a heli24 copter, on a flight that is not a scheduled oper25 ation (as defined in such section). Before the 


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1 end of the 90-day period, the air carrier shall 

2 obtain and evaluate such information. The con3 tract between the carrier and the individual 

4 shall contain a term that provides that the con5 tinuation of the individual’s employment, after 

6 the last day of the 90-day period, depends on 

7 a satisfactory evaluation. 

8 ‘‘(B) GOOD FAITH EXCEPTION.—Until the 

9 database required by paragraph (1) is estab10 lished, an air carrier, without obtaining infor11 mation about an individual under paragraph (1) 

12 from an air carrier or other person that no 

13 longer exists or from a foreign government or 

14 entity that employed the individual, may allow 

15 the individual to begin service as a pilot if the 

16 air carrier required to request the information 

17 has made a documented good faith attempt to 

18 obtain such information. 

19 ‘‘(10) REVIEW OF PROSPECTIVE PILOTS’ 

20 RECORDS.—Except as provided in paragraph (9), be21 fore allowing an individual to begin service as a pilot 

22 an air carrier shall request a copy of the records de23 scribed in paragraph (1) pertaining to the pilot for 

24 the preceding 10 years and review the records. 


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1 ‘‘(11) ELECTRONIC ACCESS TO FAA 

2 RECORDS.—For the purpose of increasing timely and 

3 efficient access to Federal Aviation Administration 

4 records described in paragraph (1), the Adminis5 trator may allow, under terms established by the Ad6 ministrator, an individual designated by the air car7 rier to have electronic access to a specified database 

8 containing information about such records. The 

9 terms shall limit such access to instances in which 

10 information in the database is required by the des11 ignated individual in making a hiring decision con12 cerning a pilot applicant and shall require that the 

13 designated individual provide assurances satisfactory 

14 to the Administrator that information obtained 

15 using such access will not be used for any purpose 

16 other than making the hiring decision.’’. 

17 (b) LIMITATION ON LIABILITY.—Section 44703(i)(1) 

18 is amended— 

19 (1) in the matter preceding subparagraph (A), 

20 by striking ‘‘and who has signed a release from li21 ability’’; and 

22 (2) in subparagraph (B), by striking ‘‘complied 

23 with such request’’ and inserting ‘‘furnished records 

24 to the Administrator in accordance with subsection 

25 (h)(1)’’. 


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1 (c) TRANSITION RULE.—Until the date on which the 

2 Administrator publishes notice in the Federal Register 

3 that the database required by section 44703(h)(1) of title 

4 49, United States Code (as amended by subsection (a)) 

5 is operational, the provisions of section 44703(h) of such 

6 title, as that section was in effect on the day before the 

7 date of enactment of this Act, shall remain in effect, ex8 cept that such provisions shall be applied— 

9 (1) by substituting ‘‘10-year period’’ for ‘‘5- 

10 year period’’ in paragraph (1)(B); and 

11 (2) without regard to paragraph (3). 

12 SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS. 

13 (a) IN GENERAL.—Within 60 days after the date of 

14 enactment of this Act, the Administrator shall initiate and 

15 complete a rulemaking to require part 121 air carriers— 

16 (1) to implement, as part of their safety man17 agement systems— 

18 (A) an Aviation Safety Action Program; 

19 (B) a Flight Operations Quality Assurance 

20 Program; 

21 (C) a Line Operational Safety Audit Pro22 gram; and 

23 (D) a Flight Crew Fatigue Risk Manage24 ment Program; 


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1 (2) to implement appropriate privacy protection 

2 safeguards with respect to data included in such 

3 programs; and 

4 (3) to provide appropriate collaboration and 

5 operational oversight of regional/commuter air car6 riers by affiliated major air carriers that include— 

7 (A) periodic safety audits of flight oper8 ations; 

9 (B) training, maintenance, and inspection 

10 programs; and 

11 (C) provisions for the exchange of safety 

12 information. 

13 (b) CVR DATA.—The Administrator, acting in col14 laboration with aviation industry interested parties, shall 

15 consider the merits and feasibility of incorporating cockpit 

16 voice recorder data in safety oversight practices. 

17 (c) ENFORCEMENT CONSISTENCY.—Within 9 months 

18 after the date of enactment of this Act, the Administrator 

19 shall— 

20 (1) develop and implement a plan that will en21 sure that the FAA’s safety enforcement plan is con22 sistently enforced; and 

23 (2) ensure that the FAA’s safety oversight pro24 gram is reviewed periodically and updated as nec25 essary. 


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1 SEC. 553. IMPLEMENTATION OF NTSB RECOMMENDATIONS. 

2 (a) IN GENERAL.— 

3 (1) NOTIFICATION.—Within 30 days after the 

4 end of each calendar year, the Administrator shall 

5 submit a notification to the Senate Committee on 

6 Commerce, Science, and Transportation and the 

7 House of Representatives Committee on Transpor8 tation and Infrastructure indicating whether the Ad9 ministrator has determined to implement the safety 

10 recommendations made to the FAA by the National 

11 Transportation Safety Board during the preceding 

12 year. 

13 (2) IMPLEMENTATION PLANS.—If the Adminis14 trator has determined to implement such a rec15 ommendation, the notification shall describe the ac16 tion the Administrator plans to take to implement 

17 the recommendation. 

18 (3) EXPLANATION OF NON-IMPLEMENTA19 TION.—If the Administrator has determined not to 

20 implement such a recommendation, the notification 

21 shall describe the reason for the determination. 

22 (b) PENDING RECOMMENDATIONS.—Within 180 days 

23 after the date of enactment of this Act, the Administrator 

24 shall submit a notification to those Committees with re25 spect to each safety recommendation made to the FAA 

26 by the National Transportation Safety Board that was 


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1 made before the date of enactment of this Act that was 

2 not implemented before that date containing the imple3 mentation plans, or an explanation of non-implementation, 

4 for each such recommendation. 

5 SEC. 554. IMPROVED FLIGHT OPERATIONAL QUALITY AS6 SURANCE, AVIATION SAFETY ACTION, AND 

7 LINE OPERATIONAL SAFETY AUDIT PRO8 GRAMS. 

9 (a) LIMITATION ON DISCLOSURE AND USE OF IN10 FORMATION.— 

11 (1) IN GENERAL.—Except as provided by this 

12 section, a party in a judicial proceeding may not use 

13 discovery to obtain— 

14 (A) an Aviation Safety Action Program re15 port; 

16 (B) Flight Operational Quality Assurance 

17 Program data; or 

18 (C) a Line Operations Safety Audit Pro19 gram report. 

20 (2) FOIA NOT APPLICABLE.—Section 522 of 

21 title 5, United States Code, shall not apply to re22 ports or data described in paragraph (1). 

23 (3) EXCEPTIONS.—Nothing in paragraph (1) or 

24 (2) prohibits the FAA from disclosing information 

25 contained in reports or data described in paragraph 


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1 (1) if withholding the information would not be con2 sistent with the FAA’s safety responsibilities, includ3 ing— 

4 (A) a summary of information, with identi5 fying information redacted, to explain the need 

6 for changes in policies or regulations; 

7 (B) information provided to correct a con8 dition that compromises safety, if that condition 

9 continues uncorrected; or 

10 (C) information provided to carry out a 

11 criminal investigation or prosecution. 

12 (b) PERMISSIBLE DISCOVERY FOR SUCH REPORTS

13 AND DATA.—Except as provided in subsection (c), a court 

14 may allow discovery by a party of an Aviation Safety Ac15 tion Program report, Flight Operational Quality Assur16 ance Program data, or a Line Operations Safety Audit 

17 Program report if, after an in camera review of the infor18 mation, the court determines that a party to a claim or 

19 defense in the proceeding shows a particularized need for 

20 the report or data that outweighs the need for confiden21 tiality of the report or data, considering the confidential 

22 nature of the report or data, and upon a showing that 

23 the report or data is both relevant to the preparation of 

24 a claim or defense and not otherwise known or available. 


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1 (c) PROTECTIVE ORDER.—When a court allows dis2 covery, in a judicial proceeding, of an Aviation Safety Ac3 tion Program report, Flight Operational Quality Assur4 ance Program data, or a Line Operations Safety Audit 

5 Program report, the court shall issue a protective order— 

6 (1) to limit the use of the information contained 

7 in the report or data to the judicial proceeding; 

8 (2) to prohibit dissemination of the report or 

9 data to any person that does not need access to the 

10 report for the proceeding; and 

11 (3) to limit the use of the report or data in the 

12 proceeding to the uses permitted for privileged self13 analysis information as defined under the Federal 

14 Rules of Evidence. 

15 (d) SEALED INFORMATION.—A court may allow an 

16 Aviation Safety Action Program report, Flight Oper17 ational Quality Assurance Program data, or a Line Oper18 ations Safety Audit Program report to be admitted into 

19 evidence in a judicial proceeding only if the court places 

20 the report or data under seal to prevent the use of the 

21 report or data for purposes other than for the proceeding. 

22 (e) SAFETY RECOMMENDATIONS.—This section does 

23 not prevent the National Transportation Safety Board 

24 from referring at any time to information contained in an 

25 Aviation Safety Action Program report, Flight OperVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 ational Quality Assurance Program data, or a Line Oper2 ations Safety Audit Program report in making safety rec3 ommendations. 

4 (f) WAIVER.—Any waiver of the privilege for self5 analysis information by a protected party, unless occa6 sioned by the party’s own use of the information in pre7 senting a claim or defense, must be in writing. 

8 SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, 

9 TESTING, AND CERTIFICATION REQUIRE10 MENTS. 

11 (a) TRAINING AND TESTING.—The Administrator 

12 shall develop and implement a plan for reevaluation of 

13 flight crew training regulations in effect on the date of 

14 enactment of this Act, including regulations for— 

15 (1) classroom instruction requirements gov16 erning curriculum content and hours of instruction; 

17 (2) crew leadership training; and 

18 (3) initial and recurrent testing requirements 

19 for pilots, including the rigor and consistency of 

20 testing programs such as check rides. 

21 (b) BEST PRACTICES.—The plan shall incorporate 

22 best practices in the aviation industry with respect to 

23 training protocols, methods, and procedures. 


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1 (c) CERTIFICATION.—The Administrator shall ini2 tiate a rulemaking to re-evaluate FAA regulations gov3 erning the minimum requirements— 

4 (1) to become a commercial pilot; 

5 (2) to receive an Air Transport Pilot Certificate 

6 to become a captain; and 

7 (3) to transition to a new type of aircraft. 

8 SEC. 556. SAFETY INSPECTIONS OF REGIONAL AIR CAR9 RIERS. 

10 The Administrator shall, not less frequently than 

11 once each year, perform random, unannounced, on-site in12 spections of air carriers that provide air transportation 

13 pursuant to a contract with a part 121 air carrier to en14 sure that such air carriers are complying with all applica15 ble safety standards of the Administration. 

16 SEC. 557. ESTABLISHMENT OF SAFETY STANDARDS WITH 

17 RESPECT TO THE TRAINING, HIRING, AND OP18 ERATION OF AIRCRAFT BY PILOTS. 

19 Not later than 180 days after the date of enactment 

20 of this Act, the Administrator shall issue a final rule with 

21 respect to the Notice of Proposed Rulemaking published 

22 in the Federal Register on January 12, 2009 (74 Fed. 

23 Reg. 1280), relating to training programs for flight crew 

24 members and aircraft dispatchers. 


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1 SEC. 558. OVERSIGHT OF PILOT TRAINING SCHOOLS. 

2 Not later than 1 year after the date of the enactment 

3 of this Act, the Administrator shall submit to Congress 

4 a plan for overseeing pilot schools certified under part 141 

5 of title 14, Code of Federal Regulations, that includes— 

6 (1) ensuring that the curriculum and course 

7 outline requirements for such schools under subpart 

8 C of such part are being met; and 

9 (2) conducting on-site inspections of each such 

10 school not less frequently than once every 2 years. 

11 SEC. 559. DEFINITIONS. 

12 In this subtitle: 

13 (1) AVIATION SAFETY ACTION PROGRAM.—The 

14 term ‘‘Aviation Safety Action Program’’ means the 

15 program described under Federal Aviation Adminis16 tration Advisory Circular No. 120–66B that permits 

17 employees of participating air carriers and repair 

18 station certificate holders to identify and report safe19 ty issues to management and to the Administration 

20 for resolution. 

21 (2) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator. 

23 (3) AIR CARRIER.—The term ‘‘air carrier’’ has 

24 the meaning given that term by section 40102(2) of 

25 title 49, United States Code. 


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1 (4) FAA.—The term ‘‘FAA’’ means the Fed2 eral Aviation Administration. 

3 (5) FLIGHT OPERATIONAL QUALITY ASSURANCE

4 PROGRAM.—The term ‘‘Flight Operational Quality 

5 Assurance Program’’ means the voluntary safety 

6 program authorized under section 13.401 of title 14, 

7 Code of Federal Regulations, that permits commer8 cial air carriers and pilots to share confidential ag9 gregate information with the Administration to per10 mit the Administration to target resources to ad11 dress operational risk issues. 

12 (6) LINE OPERATIONS SAFETY AUDIT PRO13 GRAM.—The term ‘‘Line Operations Safety Audit 

14 Program’’ has the meaning given that term by Fed15 eral Aviation Administration Advisory Circular 

16 Number 120–90. 

17 (7) PART 121 AIR CARRIER.—The term ‘‘part 

18 121 air carrier’’ has the meaning given that term by 

19 section 41719(d)(1) of title 49, United States Code. 

20 TITLE VI—AVIATION RESEARCH 

21 SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

22 (a) IN GENERAL.—Section 44511(f) is amended— 

23 (1) by striking ‘‘establish a 4-year pilot’’ in 

24 paragraph (1) and inserting ‘‘maintain an’’; and 


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1 (2) by inserting ‘‘pilot’’ in paragraph (4) before 

2 ‘‘program’’ the first time it appears; and 

3 (3) by striking ‘‘program, including rec4 ommendations as to the need for establishing a per5 manent airport cooperative research program.’’ in 

6 paragraph (4) and inserting ‘‘program.’’. 

7 (b) AIRPORT COOPERATIVE RESEARCH PROGRAM.— 

8 Not more than $15,000,000 per year for fiscal years 2010 

9 and 2011 may be appropriated to the Secretary of Trans10 portation from the amounts made available each year 

11 under subsection (a) for the Airport Cooperative Research 

12 Program under section 44511 of this title, of which not 

13 less than $5,000,000 per year shall be for research activi14 ties related to the airport environment, including reduction 

15 of community exposure to civil aircraft noise, reduction of 

16 civil aviation emissions, or addressing water quality issues. 

17 SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY 

18 CONSUMPTION FROM CIVILIAN AIRCRAFT. 

19 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

20 From amounts made available under section 48102(a) of 

21 title 49, United States Code, the Administrator of the 

22 Federal Aviation Administration shall establish a research 

23 program related to reducing civilian aircraft source noise 

24 and emissions through grants or other measures author25 ized under section 106(l)(6) of such title, including reimVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 bursable agreements with other Federal agencies. The pro2 gram shall include participation of educational and re3 search institutions or private sector entities that have ex4 isting facilities and experience for developing and testing 

5 noise, emissions and energy reduction engine and aircraft 

6 technology, and developing alternative fuels. 

7 (b) ESTABLISHING A CONSORTIUM.—Within 6 

8 months after the date of enactment of this Act, the Ad9 ministrator shall designate, using a competitive process, 

10 an institution, entity, or consortium described in sub11 section (a) as a Consortium for Aviation Noise, Emissions, 

12 and Energy Technology Research to perform research in 

13 accordance with this section. The Consortium shall con14 duct the research program in coordination with the Na15 tional Aeronautics and Space Administration and other 

16 relevant agencies. 

17 (c) PERFORMANCE OBJECTIVES.—By September 30, 

18 2016, the research program shall accomplish the following 

19 objectives: 

20 (1) Certifiable aircraft technology that reduces 

21 fuel burn by 33 percent compared to current tech22 nology, reducing energy consumption and green23 house gas (CO2) emissions. 

24 (2) Certifiable engine technology that reduces 

25 landing and takeoff cycle (LTO) nitrogen oxide 


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1 emissions by 60 percent, at a pressure ratio of 30, 

2 over the International Civil Aviation Organization 

3 standard adopted at the 6th Meeting of the Com4 mittee on Aviation Environmental Protection 

5 (CAEP), with commensurate reductions over the full 

6 pressure ratio range, while limiting or reducing 

7 other gaseous or particle emissions. 

8 (3) Certifiable aircraft technology that reduces 

9 noise levels by 32 EPNdB cumulative, relative to 

10 Stage 4 standards. 

11 (4) Determination of the feasibility of use of al12 ternative fuels in aircraft systems, including success13 ful demonstration and quantification of benefits. 

14 (5) Determination of the extent to which new 

15 engine and aircraft technologies may be used to ret16 rofit or re-engine aircraft so as to increase the level 

17 of penetration into the commercial fleet. 

18 SEC. 603. PRODUCTION OF CLEAN COAL FUEL TECH19 NOLOGY FOR CIVILIAN AIRCRAFT. 

20 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

21 From amounts made available under section 48102(a) of 

22 title 49, United States Code, the Secretary of Transpor23 tation shall establish a research program related to devel24 oping jet fuel from clean coal through grants or other 

25 measures authorized under section 106(l)(6) of such title, 


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1 including reimbursable agreements with other Federal 

2 agencies. The program shall include participation by edu3 cational and research institutions that have existing facili4 ties and experience in the development and deployment of 

5 technology that processes coal to aviation fuel. 

6 (b) DESIGNATION OF INSTITUTION AS A CENTER OF

7 EXCELLENCE.—Within 6 months after the date of enact8 ment of this Act, the Administrator of the Federal Avia9 tion Administration shall designate an institution de10 scribed in subsection (a) as a Center of Excellence for 

11 Coal-to-Jet-Fuel Research. 

12 SEC. 604. ADVISORY COMMITTEE ON FUTURE OF AERO13 NAUTICS. 

14 (a) ESTABLISHMENT.—There is established an advi15 sory committee to be know as the ‘‘Advisory Committee 

16 on the Future of Aeronautics’’. 

17 (b) MEMBERSHIP.—The Advisory Committee shall 

18 consist of 7 members appointed by the President from a 

19 list of 15 candidates proposed by the Director of the Na20 tional Academy of Sciences. 

21 (c) CHAIRPERSON.—The Advisory Committee mem22 bers shall elect 1 member to serve as chairperson of the 

23 Advisory Committee. 

24 (d) FUNCTIONS.—The Advisory Committee shall ex25 amine the best governmental and organizational strucVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 tures for the conduct of civil aeronautics research and de2 velopment, including options and recommendations for 

3 consolidating such research to ensure continued United 

4 States leadership in civil aeronautics. The Committee shall 

5 consider transferring responsibility for civil aeronautics re6 search and development from the National Aeronautics 

7 and Space Administration to other existing departments 

8 or agencies of the Federal Government or to a non-govern9 mental organization such as academic consortia or not10 for-profit organizations. In developing its recommenda11 tions, the Advisory Committee shall consider, as appro12 priate, the aeronautics research policies developed pursu13 ant to section 101(d) of Public Law 109–155 and the re14 quirements and priorities for aeronautics research estab15 lished by title IV of Public Law 109–155. 

16 (e) REPORT.—Not later than 12 months after the 

17 date on which the full membership of the Advisory Com18 mittee is appointed, the Advisory Committee shall submit 

19 a report to the Senate Committee on Commerce, Science, 

20 and Transportation and the House Committees on Science 

21 and Technology and on Transportation and Infrastructure 

22 on its findings and recommendations. The report may rec23 ommend a rank ordered list of acceptable solutions. 


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1 (f) TERMINATION.—The Advisory Committee shall 

2 terminate 60 days after the date on which it submits the 

3 report to the Congress. 

4 SEC. 605. RESEARCH PROGRAM TO IMPROVE AIRFIELD 

5 PAVEMENTS. 

6 (a) CONTINUATION OF PROGRAM.—The Adminis7 trator of the Federal Aviation Administration shall con8 tinue the program to consider awards to nonprofit con9 crete and asphalt pavement research foundations to im10 prove the design, construction, rehabilitation, and repair 

11 of airfield pavements to aid in the development of safer, 

12 more cost effective, and more durable airfield pavements. 

13 (b) USE OF GRANTS OR COOPERATIVE AGREE14 MENTS.—The Administrator may use grants or coopera15 tive agreements in carrying out this section. 

16 SEC. 606. WAKE TURBULENCE, VOLCANIC ASH, AND WEATH17 ER RESEARCH. 

18 Within 60 days after the date of enactment of this 

19 Act, the Administrator of the Federal Aviation Adminis20 tration shall— 

21 (1) initiate evaluation of proposals that would 

22 increase capacity throughout the air transportation 

23 system by reducing existing spacing requirements 

24 between aircraft of all sizes, including research on 

25 the nature of wake vortices; 


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1 (2) begin implementation of a system to im2 prove volcanic ash avoidance options for aircraft, in3 cluding the development of a volcanic ash warning 

4 and notification system for aviation; and 

5 (3) establish research projects on— 

6 (A) ground de-icing/anti-icing, ice pellets, 

7 and freezing drizzle; 

8 (B) oceanic weather, including convective 

9 weather; 

10 (C) en route turbulence prediction and de11 tection; and 

12 (D) all hazards during oceanic operations, 

13 where commercial traffic is high and only rudi14 mentary satellite sensing is available, to reduce 

15 the hazards presented to commercial aviation. 

16 SEC. 607. INCORPORATION OF UNMANNED AERIAL SYS17 TEMS INTO FAA PLANS AND POLICIES. 

18 (a) RESEARCH.— 

19 (1) EQUIPMENT.—Section 44504 is amended— 

20 (A) by inserting ‘‘unmanned and manned’’ 

21 in subsection (a) after ‘‘improve’’; 

22 (B) by striking ‘‘and’’ after the semicolon 

23 in subsection (b)(6); 

24 (C) by striking ‘‘aircraft.’’ in subsection 

25 (b)(7) and inserting ‘‘aircraft; and’’; and 


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1 (D) by adding at the end of subsection (b) 

2 the following: 

3 ‘‘(8) in conjunction with other Federal agencies 

4 as appropriate, to develop technologies and methods 

5 to assess the risk of and prevent defects, failures, 

6 and malfunctions of products, parts, and processes, 

7 for use in all classes of unmanned aerial systems 

8 that could result in a catastrophic failure.’’. 

9 (2) HUMAN FACTORS; SIMULATIONS.—Section 

10 44505(b) is amended— 

11 (A) by striking ‘‘and’’ after the semicolon 

12 in paragraph (4); 

13 (B) by striking ‘‘programs.’’ in paragraph 

14 (5)(C) and inserting ‘‘programs; and’’; and 

15 (C) by adding at the end thereof the fol16 lowing: 

17 ‘‘(6) to develop a better understanding of the 

18 relationship between human factors and unmanned 

19 aerial systems air safety; and 

20 ‘‘(7) to develop dynamic simulation models of 

21 integrating all classes of unmanned aerial systems 

22 into the National Air Space.’’. 

23 (b) NATIONAL ACADEMY OF SCIENCES ASSESS24 MENT.— 


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1 (1) IN GENERAL.—Within 3 months after the 

2 date of enactment of this Act, the Administrator of 

3 the Federal Aviation Administration shall enter into 

4 an arrangement with the National Academy of 

5 Sciences for an assessment of unmanned aerial sys6 tems that shall include consideration of— 

7 (A) human factors regarding unmanned 

8 aerial systems operation; 

9 (B) ‘‘detect, sense and avoid technologies’’ 

10 with respect to both cooperative and non-coop11 erative aircraft; 

12 (C) spectrum issues and bandwidth re13 quirements; 

14 (D) operation in suboptimal winds and ad15 verse weather conditions; 

16 (E) mechanisms for letter others know 

17 where the unmanned aerial system is flying; 

18 (F) airworthiness and system redundancy; 

19 (G) flight termination systems for safety 

20 and security; 

21 (H) privacy issues; 

22 (I) technologies for unmanned aerial sys23 tems flight control; 

24 (J) technologies for unmanned aerial sys25 tems propulsion; 


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1 (K) unmanned aerial systems operator 

2 qualifications, medical standards, and training 

3 requirements; 

4 (L) unmanned aerial systems maintenance 

5 requirements and training requirements; and 

6 (M) any other unmanned aerial systems-re7 lated issue the Administrator believes should be 

8 addressed. 

9 (2) REPORT.—Within 12 months after initi10 ating the study, the National Academy shall submit 

11 its report to the Administrator, the Senate Com12 mittee on Commerce, Science, and Transportation, 

13 and the House of Representatives Committee on 

14 Transportation and Infrastructure containing its 

15 findings and recommendations. 

16 (c) PILOT PROJECTS.— 

17 (1) IN GENERAL.—The Administrator of the 

18 Federal Aviation Administration shall establish 3 2- 

19 year cost-shared pilot projects in sparsely populated, 

20 low-density Class G air traffic airspace to conduct 

21 experiments and collect data in order to accelerate 

22 the safe integration of unmanned aerial systems into 

23 the National Airspace System as follows: 


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1 (A) 1 project shall address operational 

2 issues required for integration of Category 1 

3 unmanned aerial systems. 

4 (B) 1 project shall address operational 

5 issues required for integration of Category 2 

6 unmanned aerial systems. 

7 (C) 1 project shall address operational 

8 issues required for integration of Category 3 

9 unmanned aerial systems. 

10 (2) USE OF CONSORTIA.—In conducting the 

11 pilot projects, the Administrator shall encourage the 

12 formation of consortia from the public and private 

13 sectors, educational institutions, and non-profit or14 ganization. 

15 (3) REPORT.—Within 60 days after completing 

16 the pilot projects, the Administrator shall transmit 

17 a report to the Senate Committee on Commerce, 

18 Science, and Transportation and the House of Rep19 resentatives Committee on Transportation and In20 frastructure setting forth the Administrator’s find21 ings and conclusions concerning the projects. 

22 (4) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to the Ad24 ministrator for fiscal years 2008 and 2009 such 


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1 sums as may be necessary to conduct the pilot 

2 projects. 

3 (d) FAA TASK LIST.— 

4 (1) STREAMLINE UNMANNED AERIAL SYSTEMS

5 CERTIFICATION PROCESS.—Within 30 days after the 

6 date of enactment of this Act, the Administrator of 

7 the Federal Aviation Administration shall develop 

8 and transmit an unmanned aerial systems ‘‘road9 map’’ to the Senate Committee on Commerce, 

10 Science, and Transportation and the House of Rep11 resentatives Committee on Transportation and In12 frastructure. 

13 (2) UPDATE POLICY STATEMENT.—Within 45 

14 days after the date of enactment of this Act, the Ad15 ministrator shall issue an updated policy statement 

16 on unmanned aerial systems under Docket No. 

17 FAA–2006–25714; Notice No. 07–01. 

18 (3) ISSUE NPRM FOR CERTIFICATES.—Within 

19 90 days after the date of enactment of this Act, the 

20 Administrator shall publish a notice of proposed 

21 rulemaking on issuing airworthiness certificates and 

22 experimental certificates to unmanned aerial systems 

23 operators for compensation or hire. The Adminis24 trator shall promulgate a final rule 90 days after the 

25 date on which the notice is published. 


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1 (4) NOTICE TO CONGRESS ON BASING UN2 MANNED AERIAL SYSTEMS REGULATIONS ON ULTRA3 LIGHT REGULATIONS.—Within 90 days after the 

4 date of enactment of this Act, the Administrator 

5 shall transmit a report to the Senate Committee on 

6 Commerce, Science, and Transportation and the 

7 House of Representatives Committee on Transpor8 tation and Infrastructure on the potential of using 

9 part 103 of title 14, Code of Federal Regulations 

10 (relating to Ultralight Aircraft), as the regulatory 

11 basis for regulations on lightweight unmanned aerial 

12 systems. 

13 (e) CONSOLIDATED RULEMAKING DEADLINE.—No 

14 later than April 30, 2010, the Federal Aviation Adminis15 tration and other affected Federal agencies shall have ini16 tiated all of the rule makings regarding vehicle design re17 quirements, operational requirements, airworthiness re18 quirements, and flight crew certifications requirements 

19 necessary for integrating all categories of unmanned aerial 

20 systems into the national air space, taking into consider21 ation the recommendations the Administrator receives 

22 from the National Academy of Sciences report under sub23 section (b), the unmanned aerial systems ‘‘roadmap’’ de24 veloped by the Administrator under subsection (d)(1), the 

25 recommendations of the Radio Technical Committee AeroVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 nautics Special Committee 203 (RTCA–SC 203), and the 

2 data generated from the 3 pilot projects conducted under 

3 subsection (c). 

4 SEC. 608. REAUTHORIZATION OF CENTER OF EXCELLENCE 

5 IN APPLIED RESEARCH AND TRAINING IN 

6 THE USE OF ADVANCED MATERIALS IN 

7 TRANSPORT AIRCRAFT. 

8 Section 708(b) of the Vision 100—Century of Avia9 tion Reauthorization Act (49 U.S.C. 44504 note) is 

10 amended by striking ‘‘$500,000 for fiscal year 2004’’ and 

11 inserting ‘‘$1,000,000 for each of fiscal years 2008 

12 through 2012’’. 

13 SEC. 609. PILOT PROGRAM FOR ZERO EMISSION AIRPORT 

14 VEHICLES. 

15 (a) IN GENERAL.—Subchapter I of chapter 471 is 

16 amended by inserting after section 47136 the following: 

17 ‘‘§ 47136A. Zero emission airport vehicles and infra18 structure 

19 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

20 shall establish a pilot program under which the sponsor 

21 of a public-use airport may use funds made available 

22 under section 47117 or section 48103 for use at such air23 ports or passenger facility revenue (as defined in section 

24 40117(a)(6)) to carry out activities associated with the ac25 quisition and operation of zero emission vehicles (as deVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 fined in section 88.120–94 of title 40, Code of Federal 

2 Regulations), including the construction or modification of 

3 infrastructure to facilitate the delivery of fuel and services 

4 necessary for the use of such vehicles. Any use of funds 

5 authorized by the preceding sentence shall be considered 

6 to be an authorized use of funds under section 47117 or 

7 section 48103, or an authorized use of passenger facility 

8 revenue (as defined in section 40117(a)(6)), as the case 

9 may be. 

10 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

11 AREAS.— 

12 ‘‘(1) IN GENERAL.—A public-use airport shall 

13 be eligible for participation in the pilot program only 

14 if the airport is located in an air quality nonattain15 ment area (as defined in section 171(2) of the Clean 

16 Air Act (42 U.S.C. 7501(2))). 

17 ‘‘(2) SHORTAGE OF CANDIDATES.—If the Sec18 retary receives an insufficient number of applications 

19 from public-use airports located in such areas, then 

20 the Secretary may consider applications from public21 use airports that are not located in such areas. 

22 ‘‘(c) SELECTION CRITERIA.—In selecting from 

23 among applicants for participation in the program, the 

24 Secretary shall give priority consideration to applicants 

25 that will achieve the greatest air quality benefits measured 


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1 by the amount of emissions reduced per dollar of funds 

2 expended under the program. 

3 ‘‘(d) FEDERAL SHARE.—Notwithstanding any other 

4 provision of this subchapter, the Federal share of the costs 

5 of a project carried out under the program shall be 50 

6 percent. 

7 ‘‘(e) TECHNICAL ASSISTANCE.— 

8 ‘‘(1) IN GENERAL.—The sponsor of a public-use 

9 airport carrying out activities funded under the pro10 gram may not use more than 10 percent of the 

11 amounts made available under the program in any 

12 fiscal year for technical assistance in carrying out 

13 such activities. 

14 ‘‘(2) ELIGIBLE CONSORTIUM.—To the max15 imum extent practicable, participants in the program 

16 shall use an eligible consortium (as defined in sec17 tion 5506 of this title) in the region of the airport 

18 to receive technical assistance described in para19 graph (1). 

20 ‘‘(f) MATERIALS IDENTIFYING BEST PRACTICES.— 

21 The Secretary may develop and make available materials 

22 identifying best practices for carrying out activities funded 

23 under the program based on projects carried out under 

24 section 47136 and other sources.’’. 


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1 (b) REPORT ON EFFECTIVENESS OF PROGRAM.—Not 

2 later than 18 months after the date of enactment of this 

3 section, the Secretary of Transportation shall transmit a 

4 report to the Senate Committee on Commerce, Science, 

5 and Transportation the House of Representatives Com6 mittee on Transportation and Infrastructure containing— 

7 (1) an evaluation of the effectiveness of the 

8 pilot program; 

9 (2) an identification of all public-use airports 

10 that expressed an interest in participating in the 

11 program; and 

12 (3) a description of the mechanisms used by the 

13 Secretary to ensure that the information and know14 how gained by participants in the program is trans15 ferred among the participants and to other inter16 ested parties, including other public-use airports. 

17 (c) CONFORMING AMENDMENT.—The table of con18 tents for chapter 471 is amended by inserting after the 

19 item relating to section 47136 the following: 

‘‘47136A. Zero emission airport vehicles and infrastructure.’’. 

20 SEC. 610. REDUCTION OF EMISSIONS FROM AIRPORT 

21 POWER SOURCES. 

22 (a) IN GENERAL.—Subchapter I of chapter 471 is 

23 amended by inserting after section 47140 the following: 


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1 ‘‘§ 47140A. Reduction of emissions from airport power 

2 sources 

3 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

4 shall establish a program under which the sponsor of each 

5 airport eligible to receive grants under section 48103 is 

6 encouraged to assess the airport’s energy requirements, 

7 including heating and cooling, base load, back-up power, 

8 and power for on-road airport vehicles and ground support 

9 equipment, in order to identify opportunities to reduce 

10 harmful emissions and increase energy efficiency at the 

11 airport. 

12 ‘‘(b) GRANTS.—The Secretary may make grants 

13 under section 48103 to assist airport sponsors that have 

14 completed the assessment described in subsection (a) to 

15 acquire or construct equipment, including hydrogen equip16 ment and related infrastructure, that will reduce harmful 

17 emissions and increase energy efficiency at the airport. To 

18 be eligible for such a grant, the sponsor of such an airport 

19 shall submit an application to the Secretary, at such time, 

20 in such manner, and containing such information as the 

21 Secretary may require.’’. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents for chapter 471 is amended by inserting after the 

24 item relating to section 47140 the following: 

‘‘47140A. Reduction of emissions from airport power sources.’’. 


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1 SEC. 611. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL 

2 AIDES AND OTHER ASSETS. 

3 (a) SURVEY AND ASSESSMENT.— 

4 (1) IN GENERAL.—In order to address safety 

5 and operational concerns associated with the con6 struction, alteration, establishment, or expansion of 

7 wind farms in proximity to critical FAA facilities, 

8 the Administrator shall, within 60 days after the 

9 date of enactment of this Act, complete a survey and 

10 assessment of leases for critical FAA facility sites, 

11 including— 

12 (A) an inventory of the leases that de13 scribes, for each such lease— 

14 (i) the periodic cost, location, site, 

15 terms, number of years remaining, and les16 sor; 

17 (ii) other Administration facilities that 

18 share the leasehold, including surveillance 

19 and communications equipment; and 

20 (iii) the type of transmission services 

21 supported, including the terms of service, 

22 cost, and support contract obligations for 

23 the services; and 

24 (B) a list of those leases for facilities lo25 cated in or near areas suitable for the construc26 tion and operation of wind farms, as deterVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 mined by the Administrator in consultation 

2 with the Secretary of Energy. 

3 (2) REPORT.—Upon completion of the survey 

4 and assessment, the Administrator shall submit a re5 port to the Senate Committee on Commerce, 

6 Science, and Transportation, the House of Rep7 resentatives Committee on Transportation and In8 frastructure, and the Comptroller General containing 

9 the Administrator’s findings, conclusions, and rec10 ommendations. 

11 (b) GAO ASSESSMENT.— 

12 (1) IN GENERAL.—Within 180 days after re13 ceiving the Administrator’s report under subsection 

14 (a)(2), the Comptroller General, in consultation with 

15 the Administrator, shall— 

16 (A) complete an assessment of the current 

17 and potential impact of wind farms on the na18 tional airspace system; 

19 (B) complete an assessment of the extent 

20 to which Federal policies and laws that encour21 age or facilitate the development of wind farms 

22 have an impact on implementation of the Next 

23 Generation air traffic control system, including 

24 the installation of navigational aides associated 

25 with that system; 


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1 (C) determine what resources the Federal 

2 Aviation Administration would need to mitigate 

3 any obstruction to navigation attributable to 

4 wind farms under the existing air traffic control 

5 system or the Next Generation air traffic con6 trol system; 

7 (D) recommend a new procedure, or im8 provements to the current procedure, to the Ad9 ministration for mitigation of potential conflicts 

10 between navigational aides and wind farms, 

11 with an emphasis on early involvement of the 

12 Administration in the planning stages for wind 

13 farms; and 

14 (E) develop a matrix that will indicate how 

15 close to navigational aides wind farms can be 

16 located and how many turbines can reasonably 

17 be placed in the vicinity of such aides. 

18 (2) REPORT.—Upon completion of the assess19 ments, the Comptroller General shall submit a re20 port to the Senate Committee on Commerce, 

21 Science, and Transportation, the House of Rep22 resentatives Committee on Transportation and In23 frastructure, and the Administrator containing the 

24 Comptroller General’s findings, conclusions, and rec25 ommendations. 


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1 (c) ISSUANCE OF GUIDELINES; PUBLIC INFORMA2 TION.— 

3 (1) GUIDANCE.—Within 60 days after the Ad4 ministrator receives the Comptroller’s recommenda5 tions, the Administrator shall publish guidelines for 

6 the construction and operation of wind farms to be 

7 located in proximity to critical Federal Aviation Ad8 ministration facilities. The guidelines may include— 

9 (A) the establishment of a zone system for 

10 wind farms based on proximity to critical FAA 

11 assets; 

12 (B) the establishment of turbine height 

13 and density limitations on such wind farms; 

14 (C) requirements for notice to the Admin15 istration under section 44718(a) of title 49, 

16 United States Code, before the construction, al17 teration, establishment, or expansion of a such 

18 a wind farm; and 

19 (D) any other requirements or rec20 ommendations designed to address Administra21 tion safety or operational concerns related to 

22 the construction, alteration, establishment, or 

23 expansion of such wind farms. 

24 (2) PUBLIC ACCESS TO INFORMATION.—To the 

25 extent feasible, taking into consideration security, 


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1 operational, and public safety concerns (as deter2 mined by the Administrator), the Administrator 

3 shall provide public access to information regarding 

4 the planning, construction, and operation of wind 

5 farms in proximity to critical FAA facilities on, or 

6 by linkage from, the homepage of the Federal Avia7 tion Administration’s public website. 

8 (d) CONSULTATION WITH OTHER FEDERAL AGEN9 CIES.—In carrying out this section, the Administrator and 

10 the Comptroller General shall consult, as appropriate, with 

11 the Secretaries of the Army, the Navy, the Air Force, 

12 Homeland Security, and Energy— 

13 (1) to coordinate the requirements of each de14 partment for future air space needs; 

15 (2) to determine what the acceptable risks are 

16 to the existing infrastructure of each department; 

17 and 

18 (3) to define the different levels of risk for such 

19 infrastructure. 

20 (e) REPORTS.—The Administrator and the Comp21 troller General shall provide a copy of reports under sub22 sections (a) and (b), respectively, to the Senate Committee 

23 on Homeland Security and Governmental Affairs, the Sen24 ate Committee on Armed Services, the House of Rep25 resentatives Committee on Homeland Security, the House 


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1 of Representatives Committee on Armed Services, and the 

2 House of Representatives Committee on Science and 

3 Technology, as appropriate. 

4 (f) DEFINITIONS.—In this section: 

5 (1) ADMINISTRATION.—The term ‘‘Administra6 tion’’ means the Federal Aviation Administration. 

7 (2) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Federal 

9 Aviation Administration. 

10 (3) CRITICAL FAA FACILITIES.—The term ‘‘crit11 ical FAA facilities’’ means facilities on which are lo12 cated navigational aides, surveillance systems, or 

13 communications systems used by the Administration 

14 in administration of the national airspace system. 

15 (4) WIND FARM.—The term ‘‘wind farm’’ 

16 means an installation of 1 or more wind turbines 

17 used for the generation of electricity. 

18 TITLE VII—MISCELLANEOUS 

19 SEC. 701. GENERAL AUTHORITY. 

20 (a) THIRD PARTY LIABILITY.—Section 44303(b) is 

21 amended by striking ‘‘December 31, 2009,’’ and inserting 

22 ‘‘December 31, 2012,’’. 

23 (b) EXTENSION OF PROGRAM AUTHORITY.—Section 

24 44310 is amended by striking ‘‘December 31, 2009.’’ and 

25 inserting ‘‘October 1, 2017.’’. 


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1 (c) WAR RISK.— 

2 (1) Section 44302(f)(1) is amended— 

3 (A) by striking ‘‘September 30, 2009,’’ and 

4 inserting ‘‘September 30, 2011,’’; and 

5 (B) by striking ‘‘December 31, 2009,’’ and 

6 inserting ‘‘December 31, 2011,’’. 

7 (2) Section 44303(b) is amended by striking 

8 ‘‘December 31, 2009,’’ and inserting ‘‘December 31, 

9 2011,’’. 

10 SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY. 

11 Within 6 months after the date of enactment of this 

12 Act, the Administrator of the Federal Aviation Adminis13 tration shall develop a Human Intervention Management 

14 Study program for cabin crews employed by commercial 

15 air carriers in the United States. 

16 SEC. 703. AIRPORT PROGRAM MODIFICATIONS. 

17 The Administrator of the Federal Aviation Adminis18 tration— 

19 (1) shall establish a formal, structured certifi20 cation training program for the airport concessions 

21 disadvantaged business enterprise program; and 

22 (2) may appoint 3 additional staff to implement 

23 the programs of the airport concessions disadvan24 taged business enterprise initiative. 


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1 SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS. 

2 (a) EXTENSION OF METROPOLITAN WASHINGTON

3 AIRPORTS AUTHORITY.—Section 49108 is amended by 

4 striking ‘‘2009,’’ and inserting ‘‘2011,’’. 

5 (b) MARSHALL ISLANDS, FEDERATED STATES OF

6 MICRONESIA, AND PALAU.—Section 47115(j) is amended 

7 by striking ‘‘2009,’’ and inserting ‘‘2011,’’. 

8 (c) MIDWAY ISLAND AIRPORT.—Section 186(d) of 

9 the Vision 100—Century of Aviation Reauthorization Act 

10 (17 Stat. 2518) is amended by striking ‘‘2009,’’ and in11 serting ‘‘2011,’’. 

12 SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

13 Section 47107(s) is amended by striking paragraph 

14 (3). 

15 SEC. 706. UPDATE ON OVERFLIGHTS. 

16 (a) IN GENERAL.—Section 45301(b) is amended to 

17 read as follows: 

18 ‘‘(b) LIMITATIONS.— 

19 ‘‘(1) IN GENERAL.—In establishing fees under 

20 subsection (a), the Administrator shall ensure that 

21 the fees required by subsection (a) are reasonably 

22 related to the Administration’s costs, as determined 

23 by the Administrator, of providing the services ren24 dered. Services for which costs may be recovered in25 clude the costs of air traffic control, navigation, 

26 weather services, training, and emergency services 


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1 which are available to facilitate safe transportation 

2 over the United States, and other services provided 

3 by the Administrator or by programs financed by 

4 the Administrator to flights that neither take off nor 

5 land in the United States. The determination of 

6 such costs by the Administrator is not subject to ju7 dicial review. 

8 ‘‘(2) ADJUSTMENT OF FEES.—The Adminis9 trator shall adjust the overflight fees established by 

10 subsection (a)(1) by expedited rulemaking and begin 

11 collections under the adjusted fees by October 1, 

12 2010. In developing the adjusted overflight fees, the 

13 Administrator shall seek and consider the rec14 ommendations, if any, offered by the Aviation Rule15 making Committee for Overflight Fees that are in16 tended to ensure that overflight fees are reasonably 

17 related to the Administrator’s costs of providing air 

18 traffic control and related services to overflights. In 

19 addition, the Administrator may periodically modify 

20 the fees established under this section either on the 

21 Administrator’s own initiative or on a recommenda22 tion from the Air Traffic Control Modernization 

23 Board. 

24 ‘‘(3) COST DATA.—The adjustment of overflight 

25 fees under paragraph (2) shall be based on the costs 


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1 to the Administration of providing the air traffic 

2 control and related activities, services, facilities, and 

3 equipment using the available data derived from the 

4 Administration’s cost accounting system and cost al5 location system to users, as well as budget and oper6 ational data. 

7 ‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this 

8 section shall require the Administrator to take into 

9 account aircraft altitude in establishing any fee for 

10 aircraft operations in en route or oceanic airspace. 

11 ‘‘(5) COSTS DEFINED.—In this subsection, the 

12 term ‘costs’ means those costs associated with the 

13 operation, maintenance, debt service, and overhead 

14 expenses of the services provided and the facilities 

15 and equipment used in such services, including the 

16 projected costs for the period during which the serv17 ices will be provided. 

18 ‘‘(6) PUBLICATION; COMMENT.—The Adminis19 trator shall publish in the Federal Register any fee 

20 schedule under this section, including any adjusted 

21 overflight fee schedule, and the associated collection 

22 process as a proposed rule, pursuant to which public 

23 comment will be sought and a final rule issued.’’. 

24 (b) ADMINISTRATIVE PROVISION.—Section 

25 45303(c)(2) is amended to read as follows: 


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1 ‘‘(2) shall be available to the Administrator for 

2 expenditure for purposes authorized by Congress for 

3 the Federal Aviation Administration, however, fees 

4 established by section 45301(a)(1) of title 49 of the 

5 United States Code shall be available only to pay the 

6 cost of activities and services for which the fee is im7 posed, including the costs to determine, assess, re8 view, and collect the fee; and’’. 

9 SEC. 707. TECHNICAL CORRECTIONS. 

10 Section 40122(g), as amended by section 307 of this 

11 Act, is further amended— 

12 (1) by striking ‘‘section 2302(b), relating to 

13 whistleblower protection,’’ in paragraph (2)(A) and 

14 inserting ‘‘sections 2301 and 2302,’’; 

15 (2) by striking ‘‘and’’ after the semicolon in 

16 paragraph (2)(H); 

17 (3) by striking ‘‘Plan.’’ in paragraph (2)(I)(iii) 

18 and inserting ‘‘Plan;’’; 

19 (4) by adding at the end of paragraph (2) the 

20 following: 

21 ‘‘(J) section 5596, relating to back pay; 

22 and 

23 ‘‘(K) sections 6381 through 6387, relating 

24 to Family and Medical Leave.’’; and 


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1 (5) by adding at the end of paragraph (3) 

2 ‘‘Notwithstanding any other provision of law, retro3 active to April 1, 1996, the Board shall have the 

4 same remedial authority over such employee appeals 

5 that it had as of March 31, 1996.’’. 

6 SEC. 708. FAA TECHNICAL TRAINING AND STAFFING. 

7 (a) STUDY.— 

8 (1) IN GENERAL.—The Comptroller General 

9 shall conduct a study of the training of airway 

10 transportation systems specialists of the Federal 

11 Aviation Administration that includes— 

12 (A) an analysis of the type of training pro13 vided to such specialists; 

14 (B) an analysis of the type of training that 

15 such specialists need to be proficient in the 

16 maintenance of the latest technologies; 

17 (C) actions that the Administration has 

18 undertaken to ensure that such specialists re19 ceive up-to-date training on such technologies; 

20 (D) the amount and cost of training pro21 vided by vendors for such specialists; 

22 (E) the amount and cost of training pro23 vided by the Administration after developing in24 house training courses for such specialists; 


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1 (F) the amount and cost of travel required 

2 of such specialists in receiving training; and 

3 (G) a recommendation regarding the most 

4 cost-effective approach to providing such train5 ing. 

6 (2) REPORT.—Within 1 year after the date of 

7 enactment of this Act, the Comptroller General shall 

8 transmit a report on the study containing the Comp9 troller General’s findings and recommendations to 

10 the Senate Committee on Commerce, Science, and 

11 Transportation and the House of Representatives 

12 Committee on Transportation and Infrastructure. 

13 (b) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of enactment of this Act, the Administrator 

16 of the Federal Aviation Administration shall con17 tract with the National Academy of Sciences to con18 duct a study of the assumptions and methods used 

19 by the Federal Aviation Administration to estimate 

20 staffing needs for Federal Aviation Administration 

21 air traffic controllers, system specialists, and engi22 neers to ensure proper maintenance, certification, 

23 and operation of the National Airspace System. The 

24 National Academy of Sciences shall consult with the 

25 Exclusive Bargaining Representative certified under 


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1 section 7111 of title 5, United States Code, and the 

2 Administration (including the Civil Aeronautical 

3 Medical Institute) and examine data entailing 

4 human factors, traffic activity, and the technology at 

5 each facility. 

6 (2) CONTENTS.—The study shall include— 

7 (A) recommendations for objective staffing 

8 standards that maintain the safety of the Na9 tional Airspace System; and 

10 (B) the approximate length of time for de11 veloping such standards. 

12 (3) REPORT.—Not later than 24 months after 

13 executing a contract under subsection (a), the Na14 tional Academy of Sciences shall transmit a report 

15 containing its findings and recommendations to the 

16 Congress. 

17 (c) SAFETY STAFFING MODEL.—Within 18 months 

18 after the date of enactment of this Act, the Administrator 

19 of the Federal Aviation Administration shall develop a 

20 staffing model for aviation safety inspectors. In developing 

21 the model, the Administrator shall consult with represent22 atives of the aviation safety inspectors. 


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1 SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN NA2 TIONAL PARKS. 

3 (a) SECRETARY OF THE INTERIOR AND OVER4 FLIGHTS OF NATIONAL PARKS.— 

5 (1) Section 40128 is amended— 

6 (A) by striking paragraph (8) of subsection 

7 (f); 

8 (B) by striking ‘‘Director’’ each place it 

9 appears and inserting ‘‘Secretary of the Inte10 rior’’; 

11 (C) by striking ‘‘National Park Service’’ in 

12 subsection (a)(2)(B)(vi) and inserting ‘‘Depart13 ment of the Interior’’; and 

14 (D) by striking ‘‘National Park Service’’ in 

15 subsection (b)(4)(C) and inserting ‘‘Department 

16 of the Interior’’. 

17 (2) The National Parks Air Tour Management 

18 Act of 2000 (49 U.S.C. 40128 note) is amended— 

19 (A) by striking ‘‘Director’’ in section 

20 804(b) and inserting ‘‘Secretary of the Inte21 rior’’; 

22 (B) in section 805— 

23 (i) by striking ‘‘Director of the Na24 tional Park Service’’ in subsection (a) and 

25 inserting ‘‘Secretary of the Interior’’; 


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1 (ii) by striking ‘‘Director’’ each place 

2 it appears and inserting ‘‘Secretary of the 

3 Interior’’; 

4 (iii) by striking ‘‘National Park Serv5 ice’’ each place it appears in subsection (b) 

6 and inserting ‘‘Department of the Inte7 rior’’; 

8 (iv) by striking ‘‘National Park Serv9 ice’’ in subsection (d)(2) and inserting 

10 ‘‘Department of the Interior’’; and 

11 (C) in section 807— 

12 (i) by striking ‘‘National Park Serv13 ice’’ in subsection (a)(1) and inserting 

14 ‘‘Department of the Interior’’; and 

15 (ii) by striking ‘‘Director of the Na16 tional Park Service’’ in subsection (b) and 

17 inserting ‘‘Secretary of the Interior’’. 

18 (b) ALLOWING OVERFLIGHTS IN CASE OF AGREE19 MENT.—Paragraph (1) of subsection (a) of section 40128 

20 is amended— 

21 (1) by striking ‘‘and’’ in subparagraph (B); 

22 (2) by striking ‘‘lands.’’ in subparagraph (C) 

23 and inserting ‘‘lands; and’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(D) in accordance with a voluntary agree2 ment between the commercial air tour operator 

3 and appropriate representatives of the national 

4 park or tribal lands, as the case may be.’’. 

5 (C) AVIATION SAFETY INSPECTORS.— 

6 (1) SAFETY STAFFING MODEL.—Within 12 

7 months after the date of enactment of this Act, the 

8 Administrator of the Federal Aviation Administra9 tion shall develop a staffing model for aviation safety 

10 inspectors. In developing the model, the Adminis11 trator shall consult with representatives of the avia12 tion safety inspectors and other interested parties. 

13 (2) SAFETY INSPECTOR STAFFING.—The Fed14 eral Aviation Administration aviation safety inspec15 tor staffing requirement shall be no less than the 

16 staffing levels indicated as necessary in the staffing 

17 model described under subsection (a). 

18 (d) MODIFICATION OF INTERIM OPERATING AU19 THORITY.—Section 40128(c)(2)(I) is amended to read as 

20 follows: 

21 ‘‘(I) may allow for modifications of the in22 terim operating authority without further envi23 ronmental process, if— 

24 ‘‘(i) adequate information on the ex25 isting and proposed operations of the comVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6401 E:\BILLS\S1451.RS S1451

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1 mercial air tour operator is provided to the 

2 Administrator and the Secretary by the op3 erator seeking operating authority; 

4 ‘‘(ii) the Administrator determines 

5 that the modifications would not adversely 

6 affect aviation safety or the management 

7 of the national airspace system; and 

8 ‘‘(iii) the Secretary agrees that the 

9 modifications would not adversely affect 

10 park resources and visitor experiences.’’. 

11 (e) REPORTING REQUIREMENTS FOR COMMERCIAL

12 AIR TOUR OPERATORS.— 

13 (1) IN GENERAL.—Not later than 90 days after 

14 the date of the enactment of this Act, and annually 

15 thereafter, each commercial air tour conducting com16 mercial air tour operations over a national park shall 

17 report to the Administrator of the Federal Aviation 

18 Administration and the Secretary of the Interior 

19 on— 

20 (A) the number of commercial air tour op21 erations conducted by such operator over the 

22 national park each day; 

23 (B) any relevant characteristics of com24 mercial air tour operations, including the 


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1 routes, altitudes, duration, and time of day of 

2 flights; and 

3 (C) such other information as the Adminis4 trator and the Secretary may determine nec5 essary to administer the provisions of the Na6 tional Parks Air Tour Management Act of 2000 

7 (49 U.S.C. 40128 note). 

8 (2) FORMAT.—The report required by para9 graph (1) shall be submitted in such form as the Ad10 ministrator and the Secretary determine to be ap11 propriate. 

12 (3) EFFECT OF FAILURE TO REPORT.—The Ad13 ministrator shall rescind the operating authority of 

14 a commercial air tour operator that fails to file a re15 port not later than 180 days after the date for the 

16 submittal of the report described in paragraph (1). 

17 (4) AUDIT OF REPORTS.—Not later than 2 

18 years after the date of the enactment of this Act, 

19 and at such times thereafter as the Inspector Gen20 eral of the Department of Transportation determines 

21 necessary, the Inspector General shall audit the re22 ports required by paragraph (1). 

23 (f) COLLECTION OF FEES FROM AIR TOUR OPER24 ATIONS.— 


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1 (1) IN GENERAL.—The Secretary of the Inte2 rior may assess a fee in an amount determined by 

3 the Secretary under paragraph (2) on a commercial 

4 air tour operator conducting commercial air tour op5 erations over a national park. 

6 (2) AMOUNT OF FEE.—In determining the 

7 amount of the fee assessed under paragraph (1), the 

8 Secretary shall consider the cost of developing air 

9 tour management plans for each national park. 

10 (3) EFFECT OF FAILURE TO PAY FEE.—The 

11 Administrator of the Federal Aviation Administra12 tion shall revoke the operating authority of a com13 mercial air tour operator conducting commercial air 

14 tour operations over any national park, including the 

15 Grand Canyon National Park, that has not paid the 

16 fee assessed by the Secretary under paragraph (1) 

17 by the date that is 180 days after the date on which 

18 the Secretary determines the fee shall be paid. 

19 (g) AUTHORIZATION OF APPROPRIATIONS FOR AIR

20 TOUR MANAGEMENT PLANS.— 

21 (1) IN GENERAL.—There are authorized to be 

22 appropriated $10,000,000 to the Secretary of the 

23 Interior for the development of air tour management 

24 plans under section 40128(b) of title 49, United 

25 States Code. 


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1 (2) USE OF FUNDS.—The funds authorized to 

2 be appropriated by paragraph (1) shall be used to 

3 develop air tour management plans for the national 

4 parks the Secretary determines would most benefit 

5 from such a plan. 

6 (h) GUIDANCE TO DISTRICT OFFICES ON COMMER7 CIAL AIR TOUR OPERATORS.—The Administrator of the 

8 Federal Aviation Administration shall provide to the Ad9 ministration’s district offices clear guidance on the ability 

10 of commercial air tour operators to obtain— 

11 (1) increased safety certifications; 

12 (2) exemptions from regulations requiring safe13 ty certifications; and 

14 (3) other information regarding compliance 

15 with the requirements of this Act and other Federal 

16 and State laws and regulations. 

17 (i) OPERATING AUTHORITY OF COMMERCIAL AIR

18 TOUR OPERATORS.— 

19 (1) TRANSFER OF OPERATING AUTHORITY.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), a commercial air tour operator that 

22 obtains operating authority from the Adminis23 trator under section 40128 of title 49, United 

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1 erations may transfer such authority to another 

2 commercial air tour operator at any time. 

3 (B) NOTICE.—Not later than 30 days be4 fore the date on which a commercial air tour 

5 operator transfers operating authority under 

6 subparagraph (A), the operator shall notify the 

7 Administrator and the Secretary of the intent 

8 of the operator to transfer such authority. 

9 (C) REGULATIONS.—Not later than 180 

10 days after the date of the enactment of this 

11 Act, the Administrator shall prescribe regula12 tions to allow transfers of operating authority 

13 described in subparagraph (A). 

14 (2) TIME FOR DETERMINATION REGARDING OP15 ERATING AUTHORITY.—Notwithstanding any other 

16 provision of law, the Administrator shall determine 

17 whether to grant a commercial air tour operator op18 erating authority under section 40128 of title 49, 

19 United States Code, not later than 180 days after 

20 the earlier of the date on which— 

21 (A) the operator submits an application; or 

22 (B) an air tour management plan is com23 pleted for the national park over which the op24 erator seeks to conduct commercial air tour op25 erations. 


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1 (3) INCREASE IN INTERIM OPERATING AUTHOR2 ITY.—The Administrator and the Secretary may in3 crease the interim operating authority while an air 

4 tour management plan is being developed for a park 

5 if— 

6 (A) the Secretary determines that such an 

7 increase does not adversely impact park re8 sources or visitor experiences; and 

9 (B) the Administrator determines that 

10 granting interim operating authority does not 

11 adversely affect aviation safety or the manage12 ment of the national airspace system. 

13 (4) ENFORCEMENT OF OPERATING AUTHOR14 ITY.—The Administrator is authorized and directed 

15 to enforce the requirements of this Act and any 

16 agency rules or regulations related to operating au17 thority. 

18 SEC. 710. PHASEOUT OF STAGE 1 AND 2 AIRCRAFT. 

19 (a) IN GENERAL.—Subchapter II of chapter 475 is 

20 amended by adding at the end the following: 

21 ‘‘§ 47534. Prohibition on operating certain aircraft 

22 weighing 75,000 pounds or less not com23 plying with Stage 3 noise levels 

24 ‘‘(a) PROHIBITION.—Except as provided in sub25 section (b), (c), or (d), a person may not operate a civil 


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1 subsonic turbojet with a maximum weight of 75,000 

2 pounds or less to or from an airport in the United States 

3 unless the Secretary of Transportation finds that the air4 craft complies with stage 3 noise levels. 

5 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

6 aircraft operated only outside the 48 contiguous States. 

7 ‘‘(c) OPT-OUT.—Subsection (a) shall not apply at an 

8 airport where the airport operator has notified the Sec9 retary that it wants to continue to permit the operation 

10 of civil subsonic turbojets with a maximum weight of 

11 75,000 pounds or less that do not comply with stage 3 

12 noise levels. The Secretary shall post the notices received 

13 under this subsection on its website or in another place 

14 easily accessible to the public. 

15 ‘‘(d) LIMITATION.—The Secretary shall permit a per16 son to operate Stage 1 and Stage 2 aircraft with a max17 imum weight of 75,000 pounds or less to or from an air18 port in the contiguous 48 States in order— 

19 ‘‘(1) to sell, lease, or use the aircraft outside 

20 the 48 contiguous States; 

21 ‘‘(2) to scrap the aircraft; 

22 ‘‘(3) to obtain modifications to the aircraft to 

23 meet stage 3 noise levels; 

24 ‘‘(4) to perform scheduled heavy maintenance 

25 or significant modifications on the aircraft at a 


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1 maintenance facility located in the contiguous 48 

2 states; 

3 ‘‘(5) to deliver the aircraft to an operator leas4 ing the aircraft from the owner or return the air5 craft to the lessor; 

6 ‘‘(6) to prepare or park or store the aircraft in 

7 anticipation of any of the activities described in 

8 paragraphs (1) through (5); or 

9 ‘‘(7) to divert the aircraft to an alternative air10 port in the 48 contiguous States on account of 

11 weather, mechanical, fuel air traffic control or other 

12 safety reasons while conducting a flight in order to 

13 perform any of the activities described in paragraphs 

14 (1) through (6). 

15 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in the 

16 section may be construed as interfering with, nullifying, 

17 or otherwise affecting determinations made by the Federal 

18 Aviation Administration, or to be made by the Administra19 tion, with respect to applications under part 161 of title 

20 14, Code of Federal Regulations, that were pending on 

21 the date of enactment of the Aircraft Noise Reduction Act 

22 of 2006.’’. 

23 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 47531 is amended by striking 

2 ‘‘47529, or 47530’’ and inserting ‘‘47529, 47530, or 

3 47534’’. 

4 (2) Section 47532 is amended by striking 

5 ‘‘47528–47531’’ and inserting ‘‘47528 through 

6 47531 or 47534’’. 

7 (3) The table of contents for chapter 475 is 

8 amended by inserting after the item relating to sec9 tion 47533 the following: 

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or 

less not complying with Stage 3 noise levels.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect 5 years after the date of en12 actment of this Act. 

13 SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT. 

14 On and after the date of the enactment of this Act, 

15 the Administrator of the Federal Aviation Administration 

16 is prohibited from taking actions designed to challenge or 

17 influence weight restrictions or prior permission rules at 

18 Teterboro Airport in Teterboro, New Jersey, except in an 

19 emergency. 

20 SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIR21 PORT PROPERTIES. 

22 (a) IN GENERAL.—Within 1 year after the date of 

23 enactment of this Act, the Administrator of the Federal 

24 Aviation Administration shall establish a pilot program at 


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1 up to 4 public-use airports for local airport operators that 

2 have submitted a noise compatibility program approved by 

3 the Federal Aviation Administration under section 47504 

4 of title 49, United States Code, under which such airport 

5 operators may use funds made available under section 

6 47117(e) of that title, or passenger facility revenue col7 lected under section 40117 of that title, in partnership 

8 with affected neighboring local jurisdictions, to support 

9 joint planning, engineering design, and environmental per10 mitting for the assembly and redevelopment of property 

11 purchased with noise mitigation funds or passenger facil12 ity charge funds, to encourage airport-compatible land 

13 uses and generate economic benefits to the local airport 

14 authority and adjacent community. 

15 (b) NOISE COMPATIBILITY MEASURES.—Section 

16 47504(a)(2) is amended— 

17 (1) by striking ‘‘and’’ after the semicolon in 

18 subparagraph (D); 

19 (2) by striking ‘‘operations.’’ in subparagraph 

20 (E) and inserting ‘‘operations; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(F) joint comprehensive land use planning in23 cluding master plans, traffic studies, environmental 

24 evaluation and economic and feasibility studies, with 

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1 nity redevelopment in the area where the land or 

2 other property interest acquired by the airport oper3 ator pursuant to this subsection is located, to en4 courage and enhance redevelopment opportunities 

5 that reflect zoning and uses that will prevent the in6 troduction of additional incompatible uses and en7 hance redevelopment potential.’’. 

8 (c) GRANT REQUIREMENTS.—The Administrator 

9 may not make a grant under subsection (a) unless the 

10 grant is made— 

11 (1) to enable the airport operator and local ju12 risdictions undertaking the community redevelop13 ment effort to expedite redevelopment efforts; 

14 (2) subject to a requirement that the local juris15 diction governing the property interests in question 

16 has adopted zoning regulations that permit airport 

17 compatible redevelopment; and 

18 (3) subject to a requirement that, in deter19 mining the part of the proceeds from disposing of 

20 the land that is subject to repayment or reinvest21 ment under section 47107(c)(2)(A) of title 49, 

22 United States Code, the total amount of the grant 

23 issued under this section shall be added to the 

24 amount of any grants issued for acquisition of land. 

25 (d) DEMONSTRATION GRANTS.— 


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1 (1) IN GENERAL.—The Administrator shall pro2 vide grants for up to 4 pilot property redevelopment 

3 projects distributed geographically and targeted to 

4 airports that demonstrate— 

5 (A) a readiness to implement cooperative 

6 land use management and redevelopment plans 

7 with the adjacent community; and 

8 (B) the probability of clear economic ben9 efit to the local community and financial return 

10 to the airport through the implementation of 

11 the redevelopment plan. 

12 (2) FEDERAL SHARE.— 

13 (A) Notwithstanding any other provision of 

14 law, the Federal share of the allowable costs of 

15 a project carried out under the pilot program 

16 shall be 80 percent. 

17 (B) In determining the allowable costs, the 

18 Administrator shall deduct from the total costs 

19 of the activities described in subsection (a) that 

20 portion of the costs which is equal to that por21 tion of the total property to be redeveloped 

22 under this section that is not owned or to be ac23 quired by the airport operator pursuant to the 

24 noise compatibility program or that is not 


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1 owned by the affected neighboring local juris2 dictions or other public entities. 

3 (3) MAXIMUM AMOUNT.—Not more than 

4 $5,000,000 in funds made available under section 

5 47117(e) of title 49, United States Code, may be ex6 pended under the pilot program at any single public7 use airport. 

8 (4) EXCEPTION.—Amounts paid to the Admin9 istrator under subsection (c)(3)— 

10 (A) shall be in addition to amounts author11 ized under section 48203 of title 49, United 

12 States Code; 

13 (B) shall not be subject to any limitation 

14 on grant obligations for any fiscal year; and 

15 (C) shall remain available until expended. 

16 (e) USE OF PASSENGER REVENUE.—An airport 

17 sponsor that owns or operates an airport participating in 

18 the pilot program may use passenger facility revenue col19 lected under section 40117 of title 49, United States Code, 

20 to pay any project cost described in subsection (a) that 

21 is not financed by a grant under the program. 

22 (f) SUNSET.—This section, other than the amend23 ments made by subsections (b), shall not be in effect after 

24 September 30, 2011. 


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1 (g) REPORT TO CONGRESS.—The Administrator shall 

2 report to Congress within 18 months after making the 

3 first grant under this section on the effectiveness of this 

4 program on returning part 150 lands to productive use. 

5 SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS. 

6 (a) IN GENERAL.—Subchapter I of chapter 417 is 

7 amended by adding at the end thereof the following: 

8 ‘‘§ 41724. Musical instruments 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAG11 GAGE.—An air carrier providing air transportation 

12 shall permit a passenger to carry a violin, guitar, or 

13 other musical instrument in the aircraft cabin with14 out charge if— 

15 ‘‘(A) the instrument can be stowed safely 

16 in a suitable baggage compartment in the air17 craft cabin or under a passenger seat; and 

18 ‘‘(B) there is space for such stowage at the 

19 time the passenger boards the aircraft. 

20 ‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAG21 GAGE.—An air carrier providing air transportation 

22 shall permit a passenger to carry a musical instru23 ment that is too large to meet the requirements of 

24 paragraph (1) in the aircraft cabin without charge 

25 if— 


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1 ‘‘(A) the instrument is contained in a case 

2 or covered so as to avoid injury to other pas3 sengers; 

4 ‘‘(B) the weight of the instrument, includ5 ing the case or covering, does not exceed 165 

6 pounds; 

7 ‘‘(C) the instrument can be secured by a 

8 seat belt to avoid shifting during flight; 

9 ‘‘(D) the instrument does not restrict ac10 cess to, or use of, any required emergency exit, 

11 regular exit, or aisle; 

12 ‘‘(E) the instrument does not obscure any 

13 passenger’s view of any illuminated exit, warn14 ing, or other informational sign; 

15 ‘‘(F) neither the instrument nor the case 

16 contains any object not otherwise permitted to 

17 be carried in an aircraft cabin because of a law 

18 or regulation of the United States; and 

19 ‘‘(G) the passenger wishing to carry the in20 strument in the aircraft cabin has purchased an 

21 additional seat to accommodate the instrument. 

22 ‘‘(3) LARGE INSTRUMENTS AS CHECKED BAG23 GAGE.—An air carrier shall transport as baggage, 

24 without charge, a musical instrument that is the 

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1 tation that may not be carried in the aircraft cabin 

2 if— 

3 ‘‘(A) the sum of the length, width, and 

4 height measured in inches of the outside linear 

5 dimensions of the instrument (including the 

6 case) does not exceed 150 inches; and 

7 ‘‘(B) the weight of the instrument does not 

8 exceed 165 pounds. 

9 ‘‘(b) REGULATIONS.—The Secretary may prescribe 

10 such regulations as may be necessary or appropriate to 

11 implement subsection (a).’’. 

12 (b) CONFORMING AMENDMENT.—The table of con13 tents for chapter 417 is amended by inserting after the 

14 item relating to section 41723 the following: 

‘‘41724. Musical instruments.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect 30 days after the date of en17 actment of this Act. 

18 SEC. 714. RECYCLING PLANS FOR AIRPORTS. 

19 (a) AIRPORT PLANNING.—Section 47102(5) is 

20 amended by striking ‘‘planning.’’ and inserting ‘‘planning 

21 and a plan for recycling and minimizing the generation 

22 of airport solid waste, consistent with applicable State and 

23 local recycling laws, including the cost of a waste audit.’’. 

24 (b) MASTER PLAN.—Section 47106(a) is amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (4); 

3 (2) by striking ‘‘proposed.’’ in paragraph (5) 

4 and inserting ‘‘proposed; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(6) if the project is for an airport that has an 

7 airport master plan, the master plan addresses— 

8 ‘‘(A) the feasibility of solid waste recycling 

9 at the airport; 

10 ‘‘(B) minimizing the generation of solid 

11 waste at the airport; 

12 ‘‘(C) operation and maintenance require13 ments; 

14 ‘‘(D) the review of waste management con15 tracts; 

16 ‘‘(E) the potential for cost savings or the 

17 generation of revenue; and 

18 ‘‘(F) training and education require19 ments.’’. 

20 SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PRO21 GRAM ADJUSTMENTS. 

22 (a) IN GENERAL.—Section 47107(e) is amended— 

23 (1) by redesignating paragraph (8) as 

24 paragraph (9); and 


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1 (2) by inserting after paragraph (7) the 

2 following: 

3 ‘‘(8) MANDATORY TRAINING PROGRAM FOR

4 AIRPORT CONCESSIONS.— 

5 ‘‘(A) IN GENERAL.—Not later than 

6 one year after the date of enactment of the 

7 FAA Air Transportation Modernization 

8 and Safety Improvement Act, the Sec9 retary shall establish a mandatory training 

10 program for persons described in subpara11 graph (C) on the certification of whether a 

12 small business concern in airport conces13 sions qualifies as a small business concern 

14 owned and controlled by a socially and eco15 nomically disadvantaged individual for pur16 poses of paragraph (1). 

17 ‘‘(B) IMPLEMENTATION.—The train18 ing program may be implemented by one 

19 or more private entities approved by the 

20 Secretary. 

21 ‘‘(C) PARTICIPANTS.—A person re22 ferred to in paragraph (1) is an official or 

23 agent of an airport owner or operator who 

24 is required to provide a written assurance 

25 under paragraph (1) that the airport 


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1 owner or operator will meet the percentage 

2 goal of paragraph (1) or who is responsible 

3 for determining whether or not a small 

4 business concern in airport concessions 

5 qualifies as a small business concern owned 

6 and controlled by a socially and economi7 cally disadvantaged individual for purposes 

8 of paragraph (1). 

9 ‘‘(D) AUTHORIZATION OF APPROPRIA10 TIONS.—There are authorized to be appro11 priated to the Secretary such sums as may 

12 be necessary to carry out this paragraph.’’. 

13 (b) REPORT.—Not later than 24 months after the 

14 date of enactment of this Act, the Secretary shall submit 

15 a report to the Senate Committee on Commerce, Science, 

16 and Transportation, the House of Representatives Com17 mittee on Transportation and Infrastructure, and other 

18 appropriate committees of Congress on the results of the 

19 training program conducted under section 47107(e)(8) of 

20 title 49, United States Code, as added by subsection (a). 

21 (c) DISADVANTAGED BUSINESS ENTERPRISE PER22 SONAL NET WORTH CAP; BONDING REQUIREMENTS.— 

23 Section 47113 is amended by adding at the end the fol24 lowing: 


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1 ‘‘(e) PERSONAL NET WORTH CAP.—Not later than 

2 180 days after the date of enactment of the FAA Air 

3 Transportation Modernization and Safety Improvement 

4 Act, the Secretary shall issue final regulations to adjust 

5 the personal net worth cap used in determining whether 

6 an individual is economically disadvantaged for purposes 

7 of qualifying under the definition contained in subsection 

8 (a)(2) and under section 47107(e). The regulations shall 

9 correct for the impact of inflation since the Small Business 

10 Administration established the personal net worth cap at 

11 $750,000 in 1989. 

12 ‘‘(f) EXCLUSION OF RETIREMENT BENEFITS.— 

13 ‘‘(1) IN GENERAL.—In calculating a business 

14 owner’s personal net worth, any funds held in a 

15 qualified retirement account owned by the business 

16 owner shall be excluded, subject to regulations to be 

17 issued by the Secretary. 

18 ‘‘(2) REGULATIONS.—Not later than one year 

19 after the date of enactment of the FAA Air Trans20 portation Modernization and Safety Improvement 

21 Act, the Secretary shall issue final regulations to im22 plement paragraph (1), including consideration of 

23 appropriate safeguards, such as a limit on the 

24 amount of such accounts, to prevent circumvention 

25 of personal net worth requirements. 


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1 ‘‘(g) PROHIBITION ON EXCESSIVE OR DISCRIMINA2 TORY BONDING REQUIREMENTS.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall estab4 lish a program to eliminate barriers to small busi5 ness participation in airport-related contracts and 

6 concessions by prohibiting excessive, unreasonable, 

7 or discriminatory bonding requirements for any 

8 project funded under this chapter or using passenger 

9 facility revenues under section 40117. 

10 ‘‘(2) REGULATIONS.—Not later than one year 

11 after the date of enactment of the FAA Air Trans12 portation Modernization and Safety Improvement 

13 Act, the Secretary shall issue a final rule to establish 

14 the program under paragraph (1).’’. 

15 SEC. 716. FRONT LINE MANAGER STAFFING. 

16 (a) STUDY.—Not later than 45 days after the date 

17 of enactment of this Act, the Administrator of the Federal 

18 Aviation Administration shall initiate a study on front line 

19 manager staffing requirements in air traffic control facili20 ties. 

21 (b) CONSIDERATIONS.—In conducting the study, the 

22 Administrator may take into consideration— 

23 (1) the number of supervisory positions of oper24 ation requiring watch coverage in each air traffic 

25 control facility; 


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1 (2) coverage requirements in relation to traffic 

2 demand; 

3 (3) facility type; 

4 (4) complexity of traffic and managerial respon5 sibilities; 

6 (5) proficiency and training requirements; and 

7 (6) such other factors as the Administrator con8 siders appropriate. 

9 (c) DETERMINATIONS.—The Administrator shall 

10 transmit any determinations made as a result of the study 

11 to the Chief Operating Officer for the air traffic control 

12 system. 

13 (d) REPORT.—Not later than 180 days after the date 

14 of enactment of this Act, the Administrator shall submit 

15 to the Senate Committee on Commerce, Science, and 

16 Transportation and the House of Representatives Com17 mittee on Transportation and Infrastructure a report on 

18 the results of the study and a description of any deter19 minations submitted to the Chief Operating Officer under 

20 subsection (c). 

21 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

22 (a) SHORT TITLE.—This Act may be cited as the 

23 ‘‘FAA Air Transportation Modernization and Safety Im24 provement Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to title 49, United States Code. 

Sec. 3. Effective date. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Operations. 

Sec. 102. Air navigation facilities and equipment. 

Sec. 103. Research and development. 

Sec. 104. Airport planning and development and noise compatibility planning 

and programs. 

Sec. 105. Other aviation programs. 

Sec. 106. Delineation of Next Generation Air Transportation System projects. 

Sec. 107. Funding for administrative expenses for airport programs. 

TITLE II—AIRPORT IMPROVEMENTS 

Sec. 201. Reform of passenger facility charge authority. 

Sec. 202. Passenger facility charge pilot program. 

Sec. 203. Amendments to grant assurances. 

Sec. 204. Government share of project costs. 

Sec. 205. Amendments to allowable costs. 

Sec. 206. Sale of private airport to public sponsor. 

Sec. 207. Government share of certain air project costs. 

Sec. 208. Miscellaneous amendments. 

Sec. 209. State block grant program. 

Sec. 210. Airport funding of special studies or reviews. 

Sec. 211. Grant eligibility for assessment of flight procedures. 

Sec. 212. Safety-critical airports. 

Sec. 213. Environmental mitigation demonstration pilot program. 

Sec. 214. Allowable project costs for airport development program. 

Sec. 215. Glycol recovery vehicles. 

Sec. 216. Research improvement for aircraft. 

Sec. 217. United States Territory minimum guarantee. 

Sec. 218. Merrill Field Airport, Anchorage, Alaska. 

TITLE III—AIR TRAFFIC CONTROL MODERNIZATION AND FAA 

REFORM 

Sec. 301. Air Traffic Control Modernization Oversight Board. 

Sec. 302. NextGen management. 

Sec. 303. Facilitation of next generation air traffic services. 

Sec. 304. Clarification of authority to enter into reimbursable agreements. 

Sec. 305. Clarification to acquisition reform authority. 

Sec. 306. Assistance to other aviation authorities. 

Sec. 307. Presidential rank award program. 

Sec. 308. Next generation facilities needs assessment. 

Sec. 309. Next generation air transportation system implementation office. 

Sec. 310. Definition of air navigation facility. 

Sec. 311. Improved management of property inventory. 

Sec. 312. Educational requirements. 

Sec. 313. FAA personnel management system. 


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Sec. 314. Acceleration of NextGen technologies. 

Sec. 315. ADS–B development and implementation. 

Sec. 316. Equipage incentives. 

Sec. 317. Performance metrics. 

Sec. 318. Certification standards and resources. 

Sec. 319. Unmanned aerial systems. 

Sec. 320. Surface Systems Program Office. 

Sec. 321. Stakeholder coordination. 

Sec. 322. FAA task force on air traffic control facility conditions. 

Sec. 323. State ADS–B equipage bank pilot program. 

Sec. 324. Implementation of Inspector General ATC recommendations. 

Sec. 325. Definitions. 

TITLE IV—AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE 

IMPROVEMENTS 

SUBTITLE A—CONSUMER PROTECTION 

Sec. 401. Airline customer service commitment. 

Sec. 402. Publication of customer service data and flight delay history. 

Sec. 403. Expansion of DOT airline consumer complaint investigations. 

Sec. 404. Establishment of advisory committee for aviation consumer protection. 

Sec. 405. Disclosure of passenger fees. 

SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL COMMUNITIES 

Sec. 411. EAS connectivity program. 

Sec. 412. Extension of final order establishing mileage adjustment eligibility. 

Sec. 413. EAS contract guidelines. 

Sec. 414. Conversion of former EAS airports. 

Sec. 415. EAS reform. 

Sec. 416. Small community air service. 

Sec. 417. EAS marketing. 

Sec. 418. Rural aviation improvement. 

SUBTITLE C—MISCELLANEOUS 

Sec. 431. Clarification of air carrier fee disputes. 

Sec. 432. Contract tower program. 

Sec. 433. Airfares for members of the Armed Forces. 

TITLE V—SAFETY 

SUBTITLE A—AVIATION SAFETY 

Sec. 501. Runway safety equipment plan. 

Sec. 502. Judicial review of denial of airman certificates. 

Sec. 503. Release of data relating to abandoned type certificates and supplemental type certificates. 

Sec. 504. Design organization certificates. 

Sec. 505. FAA access to criminal history records or database systems. 

Sec. 506. Flight crew fatigue. 

Sec. 507. Increasing safety for helicopter and fixed wing emergency medical service operators and patients. 

Sec. 508. Cabin crew communication. 

Sec. 509. Clarification of memorandum of understanding with OSHA. 


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Sec. 510. Acceleration of development and implementation of required navigation 

performance approach procedures. 

Sec. 511. Improved safety information. 

Sec. 512. Voluntary disclosure reporting process improvements. 

Sec. 513. Procedural improvements for inspections. 

Sec. 514. Independent review of safety issues. 

Sec. 515. National review team. 

Sec. 516. FAA Academy improvements. 

Sec. 517. Reduction of runway incursions and operational errors. 

Sec. 518. Aviation safety whistleblower investigation office. 

Sec. 519. Modification of customer service initiative. 

Sec. 520. Headquarters review of air transportation oversight system database. 

Sec. 521. Inspection of foreign repair stations. 

Sec. 522. Non-certificated maintenance providers. 

SUBTITLE B—FLIGHT SAFETY 

Sec. 551. Pilot applicant employment records. 

Sec. 552. Air carrier safety management systems. 

Sec. 553. Implementation of NTSB recommendations. 

Sec. 554. Improved Flight Operational Quality Assurance, Aviation Safety Action, and Line Operational Safety Audit programs. 

Sec. 555. Re-evaluation of flight crew training, testing, and certification requirements. 

Sec. 556. Safety inspections of regional air carriers. 

Sec. 557. Establishment of safety standards with respect to the training, hiring, 

and operation of aircraft by pilots. 

Sec. 558. Oversight of pilot training schools. 

Sec. 559. Enhanced training for flight attendants and gate agents. 

Sec. 560. Definitions. 

TITLE VI—AVIATION RESEARCH 

Sec. 601. Airport cooperative research program. 

Sec. 602. Reduction of noise, emissions, and energy consumption from civilian 

aircraft. 

Sec. 603. Production of alternative fuel technology for civilian aircraft. 

Sec. 604. Production of clean coal fuel technology for civilian aircraft. 

Sec. 605. Advisory committee on future of aeronautics. 

Sec. 606. Research program to improve airfield pavements. 

Sec. 607. Wake turbulence, volcanic ash, and weather research. 

Sec. 608. Incorporation of unmanned aircraft systems into FAA plans and policies. 

Sec. 609. Reauthorization of center of excellence in applied research and training 

in the use of advanced materials in transport aircraft. 

Sec. 610. Pilot program for zero emission airport vehicles. 

Sec. 611. Reduction of emissions from airport power sources. 

Sec. 612. Siting of windfarms near FAA navigational aides and other assets. 

Sec. 613. Research and development for equipment to clean and monitor the engine and APU bleed air supplied on pressurized aircraft. 

TITLE VII—MISCELLANEOUS 

Sec. 701. General authority. 

Sec. 702. Human intervention management study. 

Sec. 703. Airport program modifications. 


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Sec. 704. Miscellaneous program extensions. 

Sec. 705. Extension of competitive access reports. 

Sec. 706. Update on overflights. 

Sec. 707. Technical corrections. 

Sec. 708. FAA technical training and staffing. 

Sec. 709. Commercial air tour operators in national parks. 

Sec. 710. Phaseout of Stage 1 and 2 aircraft. 

Sec. 711. Weight restrictions at Teterboro Airport. 

Sec. 712. Pilot program for redevelopment of airport properties. 

Sec. 713. Transporting musical instruments. 

Sec. 714. Recycling plans for airports. 

Sec. 715. Disadvantaged Business Enterprise Program adjustments. 

Sec. 716. Front line manager staffing. 

Sec. 717. Study of helicopter and fixed wing air ambulance services. 

Sec. 718. Repeal of certain limitations on Metropolitan Washington Airports Authority. 

Sec. 719. Study of aeronautical mobile telemetry. 

1 SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or a repeal of, a section or other provi5 sion, the reference shall be considered to be made to a section 

6 or other provision of title 49, United States Code. 

7 SEC. 3. EFFECTIVE DATE. 

8 Except as otherwise expressly provided, this Act and 

9 the amendments made by this Act shall take effect on the 

10 date of enactment. 

11 TITLE I—AUTHORIZATIONS 

12 SEC. 101. OPERATIONS. 

13 Section 106(k)(1) is amended by striking subpara14 graphs (A) through (E) and inserting the following: 

15 ‘‘(A) $9,336,000,000 for fiscal year 2010; 

16 and 

17 ‘‘(B) $9,620,000,000 for fiscal year 2011.’’. 


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1 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

2 Section 48101(a) is amended by striking paragraphs 

3 (1) through (5) and inserting the following: 

4 ‘‘(1) $3,500,000,000 for fiscal year 2010, of 

5 which $500,000,000 is derived from the Air Traffic 

6 Control System Modernization Account of the Airport 

7 and Airways Trust Fund; and 

8 ‘‘(2) $3,600,000,000 for fiscal year 2011, of 

9 which $500,000,000 is derived from the Air Traffic 

10 Control System Modernization Account of the Airport 

11 and Airways Trust Fund.’’. 

12 SEC. 103. RESEARCH AND DEVELOPMENT. 

13 Section 48102 is amended— 

14 (1) by striking subsection (a) and inserting the 

15 following: 

16 ‘‘(a) IN GENERAL.—Not more than the following 

17 amounts may be appropriated to the Secretary of Transpor18 tation out of the Airport and Airway Trust Fund estab19 lished under section 9502 of the Internal Revenue Code of 

20 1986 (26 U.S.C. 9502) for conducting civil aviation re21 search and development under sections 44504, 44505, 

22 44507, 44509, and 44511 through 44513 of this title: 

23 ‘‘(1) $200,000,000 for fiscal year 2010. 

24 ‘‘(2) $206,000,000 for fiscal year 2011.’’; 

25 (2) by striking subsections (c) through (h); and 

26 (3) by adding at the end the following: 


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1 ‘‘(c) RESEARCH GRANTS PROGRAM INVOLVING UN2 DERGRADUATE STUDENTS.—The Administrator of the Fed3 eral Aviation Administration shall establish a program to 

4 utilize undergraduate and technical colleges, including His5 torically Black Colleges and Universities, Hispanic Serving 

6 Institutions, tribally controlled colleges and universities, 

7 and Alaska Native and Native Hawaiian serving institu8 tions in research on subjects of relevance to the Federal 

9 Aviation Administration. Grants may be awarded under 

10 this subsection for— 

11 ‘‘(1) research projects to be carried out at pri12 marily undergraduate institutions and technical col13 leges; 

14 ‘‘(2) research projects that combine research at 

15 primarily undergraduate institutions and technical 

16 colleges with other research supported by the Federal 

17 Aviation Administration; 

18 ‘‘(3) research on future training requirements on 

19 projected changes in regulatory requirements for air20 craft maintenance and power plant licensees; or 

21 ‘‘(4) research on the impact of new technologies 

22 and procedures, particularly those related to aircraft 

23 flight deck and air traffic management functions, and 

24 on training requirements for pilots and air traffic 

25 controllers.’’. 


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1 SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND 

2 NOISE COMPATIBILITY PLANNING AND PRO3 GRAMS. 

4 Section 48103 is amended by striking paragraphs (1) 

5 through (6) and inserting the following: 

6 ‘‘(1) $4,000,000,000 for fiscal year 2010; and 

7 ‘‘(2) $4,100,000,000 for fiscal year 2011.’’. 

8 SEC. 105. OTHER AVIATION PROGRAMS. 

9 Section 48114 is amended— 

10 (1) by striking ‘‘2007’’ in subsection (a)(1)(A) 

11 and inserting ‘‘2011’’; 

12 (2) by striking ‘‘2007,’’ in subsection (a)(2) and 

13 inserting ‘‘2011,’’; and 

14 (3) by striking ‘‘2007’’ in subsection (c)(2) and 

15 inserting ‘‘2011’’. 

16 SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANS17 PORTATION SYSTEM PROJECTS. 

18 Section 44501(b) is amended— 

19 (1) by striking ‘‘and’’ after the semicolon in 

20 paragraph (3); 

21 (2) by striking ‘‘defense.’’ in paragraph (4) and 

22 inserting ‘‘defense; and’’; and 

23 (3) by adding at the end thereof the following: 

24 ‘‘(5) a list of projects that are part of the Next 

25 Generation Air Transportation System and do not 


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1 have as a primary purpose to operate or maintain 

2 the current air traffic control system.’’. 

3 SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR 

4 AIRPORT PROGRAMS. 

5 (a) IN GENERAL.—Section 48105 is amended to read 

6 as follows: 

7 ‘‘§ 48105. Airport programs administrative expenses 

8 ‘‘Of the amount made available under section 48103 

9 of this title, the following may be available for administra10 tive expenses relating to the Airport Improvement Program, 

11 passenger facility charge approval and oversight, national 

12 airport system planning, airport standards development 

13 and enforcement, airport certification, airport-related envi14 ronmental activities (including legal services), and other 

15 airport-related activities (including airport technology re16 search), to remain available until expended— 

17 ‘‘(1) for fiscal year 2010, $94,000,000; and 

18 ‘‘(2) for fiscal year 2011, $98,000,000.’’. 

19 (b) CONFORMING AMENDMENT.—The table of contents 

20 for chapter 481 is amended by striking the item relating 

21 to section 48105 and inserting the following: 

‘‘48105. Airport programs administrative expenses.’’. 


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1 TITLE II—AIRPORT 

2 IMPROVEMENTS 

3 SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AU4 THORITY. 

5 (a) PASSENGER FACILITY CHARGE STREAMLINING.— 

6 Section 40117(c) is amended to read as follows: 

7 ‘‘(c) PROCEDURAL REQUIREMENTS FOR IMPOSITION

8 OF PASSENGER FACILITY CHARGE.— 

9 ‘‘(1) IN GENERAL.—An eligible agency must sub10 mit to those air carriers and foreign air carriers op11 erating at the airport with a significant business in12 terest, as defined in paragraph (3), and to the Sec13 retary and make available to the public annually a 

14 report, in the form required by the Secretary, on the 

15 status of the eligible agency’s passenger facility charge 

16 program, including— 

17 ‘‘(A) the total amount of program revenue 

18 held by the agency at the beginning of the 12 

19 months covered by the report; 

20 ‘‘(B) the total amount of program revenue 

21 collected by the agency during the period covered 

22 by the report; 

23 ‘‘(C) the amount of expenditures with pro24 gram revenue made by the agency on each eligiVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 ble airport-related project during the period cov2 ered by the report; 

3 ‘‘(D) each airport-related project for which 

4 the agency plans to collect and use program rev5 enue during the next 12-month period covered by 

6 the report, including the amount of revenue pro7 jected to be used for such project; 

8 ‘‘(E) the level of program revenue the agen9 cy plans to collect during the next 12-month pe10 riod covered by the report; 

11 ‘‘(F) a description of the notice and con12 sultation process with air carriers and foreign 

13 air carriers under paragraph (3), and with the 

14 public under paragraph (4), including a copy of 

15 any adverse comments received and how the 

16 agency responded; and 

17 ‘‘(G) any other information on the program 

18 that the Secretary may require. 

19 ‘‘(2) IMPLEMENTATION.—Subject to the require20 ments of paragraphs (3), (4), (5), and (6), the eligible 

21 agency may implement the planned collection and use 

22 of passenger facility charges in accordance with its 

23 report upon filing the report as required in para24 graph (1). 


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1 ‘‘(3) CONSULTATION WITH CARRIERS FOR NEW

2 PROJECTS.— 

3 ‘‘(A) An eligible agency proposing to collect 

4 or use passenger facility charge revenue for a 

5 project not previously approved by the Secretary 

6 or not included in a report required by para7 graph (1) that was submitted in a prior year 

8 shall provide to air carriers and foreign air car9 riers operating at the airport reasonable notice, 

10 and an opportunity to comment on the planned 

11 collection and use of program revenue before pro12 viding the report required under paragraph (1). 

13 The Secretary shall prescribe by regulation what 

14 constitutes reasonable notice under this para15 graph, which shall at a minimum include— 

16 ‘‘(i) that the eligible agency provide to 

17 air carriers and foreign air carriers oper18 ating at the airport written notice of the 

19 planned collection and use of passenger fa20 cility charge revenue; 

21 ‘‘(ii) that the notice include a full de22 scription and justification for a proposed 

23 project; 

24 ‘‘(iii) that the notice include a detailed 

25 financial plan for the proposed project; and 


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1 ‘‘(iv) that the notice include the pro2 posed level for the passenger facility charge. 

3 ‘‘(B) An eligible agency providing notice 

4 and an opportunity for comment shall be deemed 

5 to have satisfied the requirements of this para6 graph if the eligible agency provides such notice 

7 to air carriers and foreign air carriers that have 

8 a significant business interest at the airport. For 

9 purposes of this subparagraph, the term ‘signifi10 cant business interest’ means an air carrier or 

11 foreign air carrier that— 

12 ‘‘(i) had not less than 1.0 percent of 

13 passenger boardings at the airport in the 

14 prior calendar year; 

15 ‘‘(ii) had at least 25,000 passenger 

16 boardings at the airport in the prior cal17 endar year; or 

18 ‘‘(iii) provides scheduled service at the 

19 airport. 

20 ‘‘(C) Not later than 45 days after written 

21 notice is provided under subparagraph (A), each 

22 air carrier and foreign air carrier may provide 

23 written comments to the eligible agency indi24 cating its agreement or disagreement with the 


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1 project or, if applicable, the proposed level for a 

2 passenger facility charge. 

3 ‘‘(D) The eligible agency may include, as 

4 part of the notice and comment process, a con5 sultation meeting to discuss the proposed project 

6 or, if applicable, the proposed level for a pas7 senger facility charge. If the agency provides a 

8 consultation meeting, the written comments spec9 ified in subparagraph (C) shall be due not later 

10 than 30 days after the meeting. 

11 ‘‘(4) PUBLIC NOTICE AND COMMENT.— 

12 ‘‘(A) An eligible agency proposing to collect 

13 or use passenger facility charge revenue for a 

14 project not previously approved by the Secretary 

15 or not included in a report required by para16 graph (1) that was filed in a prior year shall 

17 provide reasonable notice and an opportunity for 

18 public comment on the planned collection and 

19 use of program revenue before providing the re20 port required in paragraph (1). 

21 ‘‘(B) The Secretary shall prescribe by regu22 lation what constitutes reasonable notice under 

23 this paragraph, which shall at a minimum re24 quire— 


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1 ‘‘(i) that the eligible agency provide 

2 public notice of intent to collect a passenger 

3 facility charge so as to inform those inter4 ested persons and agencies that may be af5 fected; 

6 ‘‘(ii) appropriate methods of publica7 tion, which may include notice in local 

8 newspapers of general circulation or other 

9 local media, or posting of the notice on the 

10 agency’s Internet website; and 

11 ‘‘(iii) submission of public comments 

12 no later than 45 days after the date of the 

13 publication of the notice. 

14 ‘‘(5) OBJECTIONS.— 

15 ‘‘(A) Any interested person may file with 

16 the Secretary a written objection to a proposed 

17 project included in a notice under this para18 graph provided that the filing is made within 30 

19 days after submission of the report specified in 

20 paragraph (1). 

21 ‘‘(B) The Secretary shall provide not less 

22 than 30 days for the eligible agency to respond 

23 to any filed objection. 

24 ‘‘(C) Not later than 90 days after receiving 

25 the eligible agency’s response to a filed objection, 


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1 the Secretary shall make a determination wheth2 er or not to terminate authority to collect the 

3 passenger facility charge for the project, based on 

4 the filed objection. The Secretary shall state the 

5 reasons for any determination. The Secretary 

6 may only terminate authority if— 

7 ‘‘(i) the project is not an eligible air8 port related project; 

9 ‘‘(ii) the eligible agency has not com10 plied with the requirements of this section 

11 or the Secretary’s implementing regulations 

12 in proposing the project; 

13 ‘‘(iii) the eligible agency has been 

14 found to be in violation of section 47107(b) 

15 of this title and has failed to take corrective 

16 action, prior to the filing of the objection; or 

17 ‘‘(iv) in the case of a proposed increase 

18 in the passenger facility charge level, the 

19 level is not authorized by this section. 

20 ‘‘(D) Upon issuance of a decision termi21 nating authority, the public agency shall prepare 

22 an accounting of passenger facility revenue col23 lected under the terminated authority and restore 

24 the funds for use on other authorized projects. 


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1 ‘‘(E) Except as provided in subparagraph 

2 (C), the eligible agency may implement the 

3 planned collection and use of a passenger facility 

4 charge in accordance with its report upon filing 

5 the report as specified in paragraph (1)(A). 

6 ‘‘(6) APPROVAL REQUIREMENT FOR INCREASED

7 PASSENGER FACILITY CHARGE OR INTERMODAL

8 GROUND ACCESS PROJECT.— 

9 ‘‘(A) An eligible agency may not collect or 

10 use a passenger facility charge to finance an 

11 intermodal ground access project, or increase a 

12 passenger facility charge, unless the project is 

13 first approved by the Secretary in accordance 

14 with this paragraph. 

15 ‘‘(B) The eligible agency may submit to the 

16 Secretary an application for authority to impose 

17 a passenger facility charge for an intermodal 

18 ground access project or to increase a passenger 

19 facility charge. The application shall contain in20 formation and be in the form that the Secretary 

21 may require by regulation but, at a minimum, 

22 must include copies of any comments received by 

23 the agency during the comment period described 

24 by subparagraph (C). 


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1 ‘‘(C) Before submitting an application 

2 under this paragraph, an eligible agency must 

3 provide air carriers and foreign air carriers op4 erating at the airport, and the public, reasonable 

5 notice of and an opportunity to comment on a 

6 proposed intermodal ground access project or the 

7 increased passenger facility charge. Such notice 

8 and opportunity to comment shall conform to the 

9 requirements of paragraphs (3) and (4). 

10 ‘‘(D) After receiving an application, the 

11 Secretary may provide air carriers, foreign air 

12 carriers and other interested persons notice and 

13 an opportunity to comment on the application. 

14 The Secretary shall make a final decision on the 

15 application not later than 120 days after receiv16 ing it.’’. 

17 (b) CONFORMING AMENDMENTS.— 

18 (1) REFERENCES.— 

19 (A) Section 40117(a) is amended— 

20 (i) by striking ‘‘FEE’’ in the heading 

21 for paragraph (5) and inserting ‘‘CHARGE’’; 

22 and 

23 (ii) by striking ‘‘fee’’ each place it ap24 pears in paragraphs (5) and (6) and insert25 ing ‘‘charge’’. 


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1 (B) Subsections (b), and subsections (d) 

2 through (m), of section 40117 are amended— 

3 (i) by striking ‘‘fee’’ or ‘‘fees’’ each 

4 place either appears and inserting ‘‘charge’’ 

5 or ‘‘charges’’, respectively; and 

6 (ii) by striking ‘‘FEE’’ in the sub7 section caption for subsection (l), and 

8 ‘‘FEES’’ in the subsection captions for sub9 sections (e) and (m), and inserting 

10 ‘‘CHARGE’’ and ‘‘CHARGES’’, respectively. 

11 (C) The caption for section 40117 is amend12 ed to read as follows: 

13 ‘‘§ 40117. Passenger facility charges’’. 

14 (D) The table of contents for chapter 401 is 

15 amended by striking the item relating to section 

16 40117 and inserting the following: 

‘‘40117. Passenger facility charges.’’. 

17 (2) LIMITATIONS ON APPROVING APPLICA18 TIONS.—Section 40117(d) is amended— 

19 (A) by striking ‘‘subsection (c) of this sec20 tion to finance a specific’’ and inserting ‘‘sub21 section (c)(6) of this section to finance an inter22 modal ground access’’; 

23 (B) by striking ‘‘specific’’ in paragraph (1); 

24 (C) by striking paragraph (2) and inserting 

25 the following: 


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1 ‘‘(2) the project is an eligible airport-related 

2 project; and’’; 

3 (D) by striking ‘‘each of the specific 

4 projects; and’’ in paragraph (3) and inserting 

5 ‘‘the project.’’; and 

6 (E) by striking paragraph (4). 

7 (3) LIMITATIONS ON IMPOSING CHARGES.—Sec8 tion 40117(e)(1) is amended to read as follows: ‘‘(1) 

9 An eligible agency may impose a passenger facility 

10 charge only subject to terms the Secretary may pre11 scribe to carry out the objectives of this section.’’. 

12 (4) LIMITATIONS ON CONTRACTS, LEASES, AND

13 USE AGREEMENTS.—Section 40117(f)(2) is amended 

14 by striking ‘‘long-term’’. 

15 (5) COMPLIANCE.—Section 40117(h) is amend16 ed— 

17 (A) by redesignating paragraph (3) as 

18 paragraph (4); and 

19 (B) by inserting after paragraph (2) the fol20 lowing: 

21 ‘‘(3) The Secretary may, on complaint of an interested 

22 person or on the Secretary’s own initiative, conduct an in23 vestigation into an eligible agency’s collection and use of 

24 passenger facility charge revenue to determine whether a 

25 passenger facility charge is excessive or that passenger facilVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 ity revenue is not being used as provided in this section. 

2 The Secretary shall prescribe regulations establishing proce3 dures for complaints and investigations. The regulations 

4 may provide for the issuance of a final agency decision 

5 without resort to an oral evidentiary hearing. The Secretary 

6 shall not accept complaints filed under this paragraph until 

7 after the issuance of regulations establishing complaint pro8 cedures.’’. 

9 (6) PILOT PROGRAM FOR PFC AT NONHUB AIR10 PORTS.—Section 40117(l) is amended— 

11 (A) by striking ‘‘(c)(2)’’ in paragraph (2) 

12 and inserting ‘‘(c)(3)’’; and 

13 (B) by striking ‘‘October 1, 2009.’’ in para14 graph (7) and inserting ‘‘the date of issuance of 

15 regulations to carry out subsection (c) of this sec16 tion, as amended by the FAA Air Transpor17 tation Modernization and Safety Improvement 

18 Act.’’. 

19 (7) PROHIBITION ON APPROVING PFC APPLICA20 TIONS FOR AIRPORT REVENUE DIVERSION.—Section 

21 47111(e) is amended by striking ‘‘sponsor’’ the second 

22 place it appears in the first sentence and all that fol23 lows and inserting ‘‘sponsor. A sponsor shall not pro24 pose collection or use of passenger facility charges for 

25 any new projects under paragraphs (3) through (6) of 


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1 section 40117(c) unless the Secretary determines that 

2 the sponsor has taken corrective action to address the 

3 violation and the violation no longer exists.’’. 

4 SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM. 

5 (a) IN GENERAL.—Section 40117 is amended by add6 ing at the end thereof the following: 

7 ‘‘(n) ALTERNATIVE PASSENGER FACILITY CHARGE

8 COLLECTION PILOT PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall establish 

10 and conduct a pilot program at not more than 6 air11 ports under which an eligible agency may impose a 

12 passenger facility charge under this section without 

13 regard to the dollar amount limitations set forth in 

14 paragraph (1) or (4) of subsection (b) if the partici15 pating eligible agency meets the requirements of para16 graph (2). 

17 ‘‘(2) COLLECTION REQUIREMENTS.— 

18 ‘‘(A) DIRECT COLLECTION.—An eligible 

19 agency participating in the pilot program— 

20 ‘‘(i) may collect the charge from the 

21 passenger at the facility, via the Internet, or 

22 in any other reasonable manner; but 

23 ‘‘(ii) may not require or permit the 

24 charge to be collected by an air carrier or 

25 foreign air carrier for the flight segment. 


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1 ‘‘(B) PFC COLLECTION REQUIREMENT NOT

2 TO APPLY.—Subpart C of part 158 of title 14, 

3 Code of Federal Regulations, does not apply to 

4 the collection of the passenger facility charge im5 posed by an eligible agency participating in the 

6 pilot program.’’. 

7 (b) GAO STUDY OF ALTERNATIVE MEANS OF COL8 LECTING PFCS.— 

9 (1) IN GENERAL.—The Comptroller General shall 

10 conduct a study of alternative means of collection 

11 passenger facility charges imposed under section 

12 40117 of title 49, United States Code, that would per13 mit such charges to be collected without being in14 cluded in the ticket price. In the study, the Comp15 troller General shall consider, at a minimum— 

16 (A) collection options for arriving, con17 necting, and departing passengers at airports; 

18 (B) cost sharing or fee allocation methods 

19 based on passenger travel to address connecting 

20 traffic; and 

21 (C) examples of airport fees collected by do22 mestic and international airports that are not 

23 included in ticket prices. 

24 (2) REPORT.—No later than 1 year after the 

25 date of enactment of this Act, the Comptroller General 


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1 shall submit a report on the study to the Senate Com2 mittee on Commerce, Science, and Transportation 

3 and the House of Representatives Committee on 

4 Transportation and Infrastructure containing the 

5 Comptroller General’s findings, conclusions, and rec6 ommendations. 

7 SEC. 203. AMENDMENTS TO GRANT ASSURANCES. 

8 Section 47107 is amended— 

9 (1) by striking ‘‘made;’’ in subsection 

10 (a)(16)(D)(ii) and inserting ‘‘made, except that, if 

11 there is a change in airport design standards that the 

12 Secretary determines is beyond the owner or opera13 tor’s control that requires the relocation or replace14 ment of an existing airport facility, the Secretary, 

15 upon the request of the owner or operator, may grant 

16 funds available under section 47114 to pay the cost 

17 of relocating or replacing such facility;’’; 

18 (2) by striking ‘‘purpose;’’ in subsection 

19 (c)(2)(A)(i) and inserting ‘‘purpose, which includes 

20 serving as noise buffer land;’’; 

21 (3) by striking ‘‘paid to the Secretary for deposit 

22 in the Fund if another eligible project does not exist.’’ 

23 in subsection (c)(2)(B)(iii) and inserting ‘‘reinvested 

24 in another project at the airport or transferred to an25 other airport as the Secretary prescribes.’’; and 


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1 (4) by redesignating paragraph (3) of subsection 

2 (c) as paragraph (4) and inserting after paragraph 

3 (2) the following: 

4 ‘‘(3) In approving the reinvestment or transfer of pro5 ceeds under paragraph (2)(C)(iii), the Secretary shall give 

6 preference, in descending order, to— 

7 ‘‘(i) reinvestment in an approved noise compat8 ibility project; 

9 ‘‘(ii) reinvestment in an approved project that is 

10 eligible for funding under section 47117(e); 

11 ‘‘(iii) reinvestment in an airport development 

12 project that is eligible for funding under section 

13 47114, 47115, or 47117 and meets the requirements 

14 of this chapter; 

15 ‘‘(iv) transfer to the sponsor of another public 

16 airport to be reinvested in an approved noise compat17 ibility project at such airport; and 

18 ‘‘(v) payment to the Secretary for deposit in the 

19 Airport and Airway Trust Fund established under 

20 section 9502 of the Internal Revenue Code of 1986 (26 

21 U.S.C. 9502).’’. 

22 SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS. 

23 (a) FEDERAL SHARE.—Section 47109 is amended— 


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1 (1) by striking ‘‘subsection (b) or subsection (c)’’ 

2 in subsection (a) and inserting ‘‘subsection (b), (c), or 

3 (e)’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL

6 HUB TO MEDIUM HUB STATUS.—If the status of a small 

7 hub primary airport changes to a medium hub primary 

8 airport, the United States Government’s share of allowable 

9 project costs for the airport may not exceed 95 percent for 

10 2 fiscal years following such change in hub status.’’. 

11 (b) TRANSITIONING AIRPORTS.—Section 

12 47114(f)(3)(B) is amended by striking ‘‘year 2004.’’ and 

13 inserting ‘‘years 2010 and 2011.’’. 

14 SEC. 205. AMENDMENTS TO ALLOWABLE COSTS. 

15 Section 47110 is amended— 

16 (1) by striking subsection (d) and inserting the 

17 following: 

18 ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.— 

19 The Secretary may determine that the costs of relocating 

20 or replacing an airport-owned facility are allowable for an 

21 airport development project at an airport only if— 

22 ‘‘(1) the Government’s share of such costs is paid 

23 with funds apportioned to the airport sponsor under 

24 sections 47114(c)(1) or 47114(d)(2); 


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1 ‘‘(2) the Secretary determines that the relocation 

2 or replacement is required due to a change in the Sec3 retary’s design standards; and 

4 ‘‘(3) the Secretary determines that the change is 

5 beyond the control of the airport sponsor.’’; 

6 (2) by striking ‘‘facilities, including fuel farms 

7 and hangars,’’ in subsection (h) and inserting ‘‘facili8 ties, as defined by section 47102,’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(i) BIRD-DETECTING RADAR SYSTEMS.—Within 180 

11 days after the date of enactment of the FAA Air Transpor12 tation Modernization and Safety Improvement Act, the Ad13 ministrator shall analyze the conclusions of ongoing studies 

14 of various types of commercially-available bird radar sys15 tems, based upon that analysis, if the Administrator deter16 mines such systems have no negative impact on existing 

17 navigational aids and that the expenditure of such funds 

18 is appropriate, the Administrator shall allow the purchase 

19 of bird-detecting radar systems as an allowable airport de20 velopment project costs subject to subsection (b). If a deter21 mination is made that such radar systems will not improve 

22 or negatively impact airport safety, the Administrator shall 

23 issue a report to the Senate Committee on Commerce, 

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1 tives Committee on Transportation and Infrastructure on 

2 why that determination was made.’’. 

3 SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 

4 Section 47133(b) is amended— 

5 (1) by resetting the text of the subsection as an 

6 indented paragraph 2 ems from the left margin; 

7 (2) by inserting ‘‘(1)’’ before ‘‘Subsection’’; and 

8 (3) by adding at the end thereof the following: 

9 ‘‘(2) In the case of a privately owned airport, 

10 subsection (a) shall not apply to the proceeds from the 

11 sale of the airport to a public sponsor if— 

12 ‘‘(A) the sale is approved by the Secretary; 

13 ‘‘(B) funding is provided under this title for 

14 the public sponsor’s acquisition; and 

15 ‘‘(C) an amount equal to the remaining 

16 unamortized portion of the original grant, amor17 tized over a 20-year period, is repaid to the Sec18 retary by the private owner for deposit in the 

19 Trust Fund for airport acquisitions. 

20 ‘‘(3) This subsection shall apply to grants issued 

21 on or after October 1, 1996.’’. 

22 SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT 

23 COSTS. 

24 Notwithstanding section 47109(a) of title 49, United 

25 States Code, the Federal Government’s share of allowable 


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1 project costs for a grant made in fiscal year 2008, 2009, 

2 2010, or 2011 under chapter 471 of that title for a project 

3 described in paragraph (2) or (3) of that section shall be 

4 95 percent. 

5 SEC. 208. MISCELLANEOUS AMENDMENTS. 

6 (a) TECHNICAL CHANGES TO NATIONAL PLAN OF IN7 TEGRATED AIRPORT SYSTEMS.—Section 47103 is amend8 ed— 

9 (1) by striking ‘‘each airport to—’’ in subsection 

10 (a) and inserting ‘‘the airport system to—’’; 

11 (2) by striking ‘‘system in the particular area;’’ 

12 in subsection (a)(1) and inserting ‘‘system, including 

13 connection to the surface transportation network; 

14 and’’; 

15 (3) by striking ‘‘aeronautics; and’’ in subsection 

16 (a)(2) and inserting ‘‘aeronautics.’’; 

17 (4) by striking subsection (a)(3); 

18 (5) by inserting ‘‘and’’ after the semicolon in 

19 subsection (b)(1); 

20 (6) by striking paragraph (2) of subsection (b) 

21 and redesignating paragraph (3) as paragraph (2); 

22 (7) by striking ‘‘operations, Short Takeoff and 

23 Landing/Very Short Takeoff and Landing aircraft op24 erations,’’ in subsection (b)(2), as redesignated, and 

25 inserting ‘‘operations’’; and 


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1 (8) by striking ‘‘status of the’’ in subsection (d). 

2 (b) UPDATE VETERANS PREFERENCE DEFINITION.— 

3 Section 47112(c) is amended— 

4 (1) by striking ‘‘separated from’’ in paragraph 

5 (1)(B) and inserting ‘‘discharged or released from ac6 tive duty in’’; 

7 (2) by adding at the end of paragraph (1) the 

8 following: 

9 ‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 

10 individual who served on active duty, as defined by 

11 section 101(21) of title 38, at any time in the armed 

12 forces for a period of more than 180 consecutive days, 

13 any part of which occurred during the period begin14 ning on September 11, 2001, and ending on the date 

15 prescribed by Presidential proclamation or by law as 

16 the last date of Operation Iraqi Freedom.’’; 

17 (3) by striking ‘‘veterans and’’ in paragraph (2) 

18 and inserting ‘‘veterans, Afghanistan-Iraq war vet19 erans, and’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(3) A contract involving labor for carrying out an 

22 airport development project under a grant agreement under 

23 this subchapter must require that a preference be given to 

24 the use of small business concerns (as defined in section 3 


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1 of the Small Business Act (15 U.S.C. 632)) owned and con2 trolled by disabled veterans.’’. 

3 (c) ANNUAL REPORT.—Section 47131(a) is amended— 

4 (1) by striking ‘‘April 1’’ and inserting ‘‘June 

5 1’’; and 

6 (2) by striking paragraphs (1) through (4) and 

7 inserting the following: 

8 ‘‘(1) a summary of airport development and 

9 planning completed; 

10 ‘‘(2) a summary of individual grants issued; 

11 ‘‘(3) an accounting of discretionary and appor12 tioned funds allocated; and 

13 ‘‘(4) the allocation of appropriations; and’’. 

14 (d) SUNSET OF PROGRAM.—Section 47137 is repealed 

15 effective September 30, 2008. 

16 (e) CORRECTION TO EMISSION CREDITS PROVISION.— 

17 Section 47139 is amended— 

18 (1) by striking ‘‘47102(3)(F),’’ in subsection (a); 

19 (2) by striking ‘‘47102(3)(F), 47102(3)(K), 

20 47102(3)(L), or 47140’’ in subsection (b) and insert21 ing ‘‘47102(3)(K) or 47102(3)(L)’’; and 

22 (3) by striking ‘‘40117(a)(3)(G), 47103(3)(F), 

23 47102(3)(K), 47102(3)(L), or 47140,’’ in subsection 

24 (b) and inserting ‘‘40117(a)(3)(G), 47102(3)(K), or 

25 47102(3)(L),’’. 


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1 (f) CORRECTION TO SURPLUS PROPERTY AUTHOR2 ITY.—Section 47151(e) is amended by striking ‘‘(other than 

3 real property that is subject to section 2687 of title 10, sec4 tion 201 of the Defense Authorization Amendments and 

5 Base Closure and Realignment Act (10 U.S.C. 2687 note), 

6 or section 2905 of the Defense Base Closure and Realign7 ment Act of 1990 (10 U.S.C. 2687 note),’’. 

8 (g) AIRPORT CAPACITY BENCHMARK REPORTS; DEFI9 NITION OF JOINT USE AIRPORT.—Section 47175 is amend10 ed— 

11 (1) by striking ‘‘Airport Capacity Benchmark 

12 Report 2001.’’ in paragraph (2) and inserting ‘‘2001 

13 and 2004 Airport Capacity Benchmark Reports or of 

14 the most recent Benchmark report, Future Airport 

15 Capacity Task Report, or other comparable FAA re16 port.’’; and 

17 (2) by adding at the end thereof the following: 

18 ‘‘(7) JOINT USE AIRPORT.—The term ‘joint use 

19 airport’ means an airport owned by the United States 

20 Department of Defense, at which both military and 

21 civilian aircraft make shared use of the airfield.’’. 

22 (h) USE OF APPORTIONED AMOUNTS.—Section 

23 47117(e)(1)(A) is amended— 

24 (1) by striking ‘‘35 percent’’ in the first sentence 

25 and inserting ‘‘$300,000,000’’; 


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1 (2) by striking ‘‘and’’ after ‘‘47141,’’; 

2 (3) by striking ‘‘et seq.).’’ and inserting ‘‘et seq.), 

3 and for water quality mitigation projects to comply 

4 with the Act of June 30, 1948 (33 U.S.C. 1251 et 

5 seq.), approved in an environmental record of deci6 sion for an airport development project under this 

7 title.’’; and 

8 (4) by striking ‘‘such 35 percent requirement is’’ 

9 in the second sentence and inserting ‘‘the require10 ments of the preceding sentence are’’. 

11 (i) USE OF PREVIOUS FISCAL YEAR’S APPORTION12 MENT.—Section 47114(c)(1) is amended— 

13 (1) by striking ‘‘and’’ after the semicolon in sub14 paragraph (E)(ii); 

15 (2) by striking ‘‘airport.’’ in subparagraph 

16 (E)(iii) and inserting ‘‘airport; and’’; 

17 (3) by adding at the end of subparagraph (E) 

18 the following: 

19 ‘‘(iv) the airport received scheduled or 

20 unscheduled air service from a large cer21 tified air carrier (as defined in part 241 of 

22 title 14, Code of Federal Regulations, or 

23 such other regulations as may be issued by 

24 the Secretary under the authority of section 

25 41709) and the Secretary determines that 


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1 the airport had more than 10,000 passenger 

2 boardings in the preceding calendar year, 

3 based on data submitted to the Secretary 

4 under part 241 of title 14, Code of Federal 

5 Regulations.’’; 

6 (4) in subparagraph (G)— 

7 (A) by striking ‘‘FISCAL YEAR 2006’’ in the 

8 heading and inserting ‘‘FISCAL YEARS 2008 

9 THROUGH 2011’’; 

10 (B) by striking ‘‘fiscal year 2006’’ and in11 serting ‘‘fiscal years 2008 through 2011’’; 

12 (C) by striking clause (i) and inserting the 

13 following: 

14 ‘‘(i) the average annual passenger 

15 boardings at the airport for calendar years 

16 2004 through 2006 were below 10,000 per 

17 year;’’; and 

18 (D) by striking ‘‘2000 or 2001;’’ in clause 

19 (ii) and inserting ‘‘2003;’’; and 

20 (5) by adding at the end thereof the following: 

21 ‘‘(H) SPECIAL RULE FOR FISCAL YEARS 2010 

22 AND 2011.—Notwithstanding subparagraph (A), for 

23 an airport that had more than 10,000 passenger 

24 boardings and scheduled passenger aircraft service in 

25 calendar year 2007, but in either calendar years 2008 


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1 or 2009, or both years, the number of passenger 

2 boardings decreased to a level below 10,000 boardings 

3 per year at such airport, the Secretary may appor4 tion in fiscal years 2010 or 2011 to the sponsor of 

5 such an airport an amount equal to the amount ap6 portioned to that sponsor in fiscal year 2009.’’. 

7 (j) MOBILE REFUELER PARKING CONSTRUCTION.— 

8 Section 47102(3) is amended by adding at the end the fol9 lowing: 

10 ‘‘(M) construction of mobile refueler parking 

11 within a fuel farm at a nonprimary airport 

12 meeting the requirements of section 112.8 of title 

13 40, Code of Federal Regulations.’’. 

14 (k) DISCRETIONARY FUND.—Section 47115(g)(1) is 

15 amended by striking ‘‘of—’’ and all that follows and insert16 ing ‘‘of $520,000,000. The amount credited is exclusive of 

17 amounts that have been apportioned in a prior fiscal year 

18 under section 47114 of this title and that remain available 

19 for obligation.’’. 

20 SEC. 209. STATE BLOCK GRANT PROGRAM. 

21 Section 47128 is amended— 

22 (1) by striking ‘‘regulations’’ each place it ap23 pears in subsection (a) and inserting ‘‘guidance’’; 


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1 (2) by striking ‘‘grant;’’ in subsection (b)(4) and 

2 inserting ‘‘grant, including Federal environmental re3 quirements or an agreed upon equivalent;’’; 

4 (3) by redesignating subsection (c) as subsection 

5 (d) and inserting after subsection (b) the following: 

6 ‘‘(c) PROJECT ANALYSIS AND COORDINATION RE7 QUIREMENTS.—Any Federal agency that must approve, li8 cense, or permit a proposed action by a participating State 

9 shall coordinate and consult with the State. The agency 

10 shall utilize the environmental analysis prepared by the 

11 State, provided it is adequate, or supplement that analysis 

12 as necessary to meet applicable Federal requirements.’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(e) PILOT PROGRAM.—The Secretary shall establish 

15 a pilot program for up to 3 States that do not participate 

16 in the program established under subsection (a) that is con17 sistent with the program under subsection (a).’’. 

18 SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR RE19 VIEWS. 

20 Section 47173(a) is amended by striking ‘‘project.’’ 

21 and inserting ‘‘project, or to conduct special environmental 

22 studies related to a federally funded airport project or for 

23 special studies or reviews to support approved noise com24 patibility measures in a Part 150 program or environVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 mental mitigation in a Federal Aviation Administration 

2 Record of Decision or Finding of No Significant Impact.’’. 

3 SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 

4 PROCEDURES. 

5 Section 47504 is amended by adding at the end the 

6 following: 

7 ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE8 DURES.— 

9 ‘‘(1) The Secretary is authorized in accordance 

10 with subsection (c)(1) to make a grant to an airport 

11 operator to assist in completing environmental review 

12 and assessment activities for proposals to implement 

13 flight procedures that have been approved for airport 

14 noise compatibility planning purposes under sub15 section (b). 

16 ‘‘(2) The Administrator of the Federal Aviation 

17 Administration may accept funds from an airport 

18 sponsor, including funds provided to the sponsor 

19 under paragraph (1), to hire additional staff or ob20 tain the services of consultants in order to facilitate 

21 the timely processing, review and completion of envi22 ronmental activities associated with proposals to im23 plement flight procedures submitted and approved for 

24 airport noise compatibility planning purposes in ac25 cordance with this section. Funds received under this 


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1 authority shall not be subject to the procedures appli2 cable to the receipt of gifts by the Administrator.’’. 

3 SEC. 212. SAFETY-CRITICAL AIRPORTS. 

4 Section 47118(c) is amended— 

5 (1) by striking ‘‘or’’ after the semicolon in para6 graph (1); 

7 (2) by striking ‘‘delays.’’ in paragraph (2) and 

8 inserting ‘‘delays; or’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(3) be critical to the safety of commercial, mili11 tary, or general aviation in trans-oceanic flights.’’. 

12 SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION 

13 PILOT PROGRAM. 

14 (a) PILOT PROGRAM.—Subchapter I of chapter 471 is 

15 amended by adding at the end thereof the following: 

16 ‘‘§ 47143. Environmental mitigation demonstration 

17 pilot program 

18 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

19 shall carry out a pilot program involving not more than 

20 6 projects at public-use airports under which the Secretary 

21 may make grants to sponsors of such airports from funds 

22 apportioned under paragraph 47117(e)(1)(A) for use at 

23 such airports for environmental mitigation demonstration 

24 projects that will measurably reduce or mitigate aviation 

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1 ity of the airport. Notwithstanding any other provision of 

2 this subchapter, an environmental mitigation demonstra3 tion project approved under this section shall be treated as 

4 eligible for assistance under this subchapter. 

5 ‘‘(b) PARTICIPATION IN PILOT PROGRAM.—A public6 use airport shall be eligible for participation in the pilot. 

7 ‘‘(c) SELECTION CRITERIA.—In selecting from among 

8 applicants for participation in the pilot program, the Sec9 retary may give priority consideration to environmental 

10 mitigation demonstration projects that— 

11 ‘‘(1) will achieve the greatest reductions in air12 craft noise, airport emissions, or airport water qual13 ity impacts either on an absolute basis, or on a per14 dollar-of-funds expended basis; and 

15 ‘‘(2) will be implemented by an eligible consor16 tium. 

17 ‘‘(d) FEDERAL SHARE.—Notwithstanding any other 

18 provision of this subchapter, the United States Govern19 ment’s share of the costs of a project carried out under this 

20 section shall be 50 percent. 

21 ‘‘(e) MAXIMUM AMOUNT.—Not more than $2,500,000 

22 may be made available by the Secretary in grants under 

23 this section for any single project. 

24 ‘‘(f) IDENTIFYING BEST PRACTICES.—The Adminis25 trator may develop and publish information identifying 


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1 best practices for reducing or mitigating aviation impacts 

2 on noise, air quality, or water quality in the vicinity of 

3 airports, based on the projects carried out under the pilot 

4 program. 

5 ‘‘(g) DEFINITIONS.—In this section: 

6 ‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eligible 

7 consortium’ means a consortium that comprises 2 or 

8 more of the following entities: 

9 ‘‘(A) Businesses operating in the United 

10 States. 

11 ‘‘(B) Public or private educational or re12 search organizations located in the United 

13 States. 

14 ‘‘(C) Entities of State or local governments 

15 in the United States. 

16 ‘‘(D) Federal laboratories. 

17 ‘‘(2) ENVIRONMENTAL MITIGATION DEMONSTRA18 TION PROJECT.—The term ‘environmental mitigation 

19 demonstration project’ means a project that— 

20 ‘‘(A) introduces new conceptual environ21 mental mitigation techniques or technology with 

22 associated benefits, which have already been 

23 proven in laboratory demonstrations; 


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1 ‘‘(B) proposes methods for efficient adapta2 tion or integration of new concepts to airport op3 erations; and 

4 ‘‘(C) will demonstrate whether new tech5 niques or technology for environmental mitiga6 tion identified in research are— 

7 ‘‘(i) practical to implement at or near 

8 multiple public use airports; and 

9 ‘‘(ii) capable of reducing noise, airport 

10 emissions, or water quality impacts in 

11 measurably significant amounts.’’. 

12 (b) CONFORMING AMENDMENT.—The table of contents 

13 for chapter 471 is amended by inserting after the item relat14 ing to section 47142 the following: 

‘‘47143. Environmental mitigation demonstration pilot program.’’. 

15 SEC. 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DE16 VELOPMENT PROGRAM. 

17 Section 47110(c) is amended— 

18 (1) by striking ‘‘; or’’ in paragraph (1) and in19 serting a semicolon; 

20 (2) by striking ‘‘project.’’ in paragraph (2) and 

21 inserting ‘‘project; or’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(3) necessarily incurred in anticipation of se24 vere weather.’’. 


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1 SEC. 215. GLYCOL RECOVERY VEHICLES. 

2 Section 47102(3)(G) is amended by inserting ‘‘includ3 ing acquiring glycol recovery vehicles,’’ after ‘‘aircraft,’’. 

4 SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT. 

5 Section 44504(b) is amended— 

6 (1) by striking ‘‘and’’ after the semicolon in 

7 paragraph (6); 

8 (2) by striking ‘‘aircraft.’’ in paragraph (7) and 

9 inserting ‘‘aircraft; and’’; and 

10 (3) by adding at the end thereof the following: 

11 ‘‘(8) to conduct research to support programs de12 signed to reduce gases and particulates emitted.’’. 

13 SEC. 217. UNITED STATES TERRITORY MINIMUM GUAR14 ANTEE. 

15 Section 47114(e) is amended— 

16 (1) by inserting ‘‘AND ANY UNITED STATES TER17 RITORY’’ after ‘‘ALASKA’’ in the subsection heading; 

18 and 

19 (2) by adding at the end thereof the following: 

20 ‘‘(5) UNITED STATES TERRITORY MINIMUM

21 GUARANTEE.—In any fiscal year in which the total 

22 amount apportioned to airports in a United States 

23 Territory under subsections (c) and (d) is less than 

24 1.5 percent of the total amount apportioned to all air25 ports under those subsections, the Secretary may ap26 portion to the local authority in any United States 


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1 Territory responsible for airport development projects 

2 in that fiscal year an amount equal to the difference 

3 between 1.5 percent of the total amounts apportioned 

4 under subsections (c) and (d) in that fiscal year and 

5 the amount otherwise apportioned under those sub6 sections to airports in a United States Territory in 

7 that fiscal year.’’. 

8 SEC. 218. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, including the Federal Airport Act (as in effect 

11 on August 8, 1958), the United States releases, without 

12 monetary consideration, all restrictions, conditions, and 

13 limitations on the use, encumbrance, or conveyance of cer14 tain land located in the municipality of Anchorage, Alaska, 

15 more particularly described as Tracts 22 and 24 of the 

16 Fourth Addition to the Town Site of Anchorage, Alaska, 

17 as shown on the plat of U.S. Survey No. 1456, accepted 

18 June 13, 1923, on file in the Bureau of Land Management, 

19 Department of Interior. 

20 (b) GRANTS.—Notwithstanding any other provision of 

21 law, the municipality of Anchorage shall be released from 

22 the repayment of any outstanding grant obligations owed 

23 by the municipality to the Federal Aviation Administration 

24 with respect to any land described in subsection (a) that 

25 is subsequently conveyed to or used by the Department of 


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1 Transportation and Public Facilities of the State of Alaska 

2 for the construction or reconstruction of a federally sub3 sidized highway project. 

4 TITLE III—AIR TRAFFIC CON5 TROL MODERNIZATION AND 

6 FAA REFORM 

7 SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVER8 SIGHT BOARD. 

9 Section 106(p) is amended to read as follows: 

10 ‘‘(p) AIR TRAFFIC CONTROL MODERNIZATION OVER11 SIGHT BOARD.— 

12 ‘‘(1) ESTABLISHMENT.—Within 90 days after the 

13 date of enactment of the FAA Air Transportation 

14 Modernization and Safety Improvement Act, the Sec15 retary shall establish and appoint the members of an 

16 advisory Board which shall be known as the Air Traf17 fic Control Modernization Oversight Board. 

18 ‘‘(2) MEMBERSHIP.—The Board shall be com19 prised of the individual appointed or designated 

20 under section 302 of the FAA Air Transportation 

21 Modernization and Safety Improvement Act (who 

22 shall serve ex officio without the right to vote) and 9 

23 other members, who shall consist of— 

24 ‘‘(A) the Administrator and a representa25 tive from the Department of Defense; 


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1 ‘‘(B) 1 member who shall have a fiduciary 

2 responsibility to represent the public interest; 

3 and 

4 ‘‘(C) 6 members representing aviation inter5 ests, as follows: 

6 ‘‘(i) 1 representative that is the chief 

7 executive officer of an airport. 

8 ‘‘(ii) 1 representative that is the chief 

9 executive officer of a passenger or cargo air 

10 carrier. 

11 ‘‘(iii) 1 representative of a labor orga12 nization representing employees at the Fed13 eral Aviation Administration that are in14 volved with the operation of the air traffic 

15 control system. 

16 ‘‘(iv) 1 representative with extensive 

17 operational experience in the general avia18 tion community. 

19 ‘‘(v) 1 representative from an aircraft 

20 manufacturer. 

21 ‘‘(vi) 1 representative of a labor orga22 nization representing employees at the Fed23 eral Aviation Administration who are in24 volved with maintenance of the air traffic 

25 control system. 


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1 ‘‘(3) APPOINTMENT AND QUALIFICATIONS.— 

2 ‘‘(A) Members of the Board appointed under 

3 paragraphs (2)(B) and (2)(C) shall be appointed 

4 by the President, by and with the advice and 

5 consent of the Senate. 

6 ‘‘(B) Members of the Board appointed under 

7 paragraph (2)(B) shall be citizens of the United 

8 States and shall be appointed without regard to 

9 political affiliation and solely on the basis of 

10 their professional experience and expertise in one 

11 or more of the following areas and, in the aggre12 gate, should collectively bring to bear expertise 

13 in— 

14 ‘‘(i) management of large service orga15 nizations; 

16 ‘‘(ii) customer service; 

17 ‘‘(iii) management of large procure18 ments; 

19 ‘‘(iv) information and communications 

20 technology; 

21 ‘‘(v) organizational development; and 

22 ‘‘(vi) labor relations. 

23 ‘‘(C) Of the members first appointed under 

24 paragraphs (2)(B) and (2)(C)— 


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1 ‘‘(i) 2 shall be appointed for terms of 

2 1 year; 

3 ‘‘(ii) 1 shall be appointed for a term of 

4 2 years; 

5 ‘‘(iii) 1 shall be appointed for a term 

6 of 3 years; and 

7 ‘‘(iv) 1 shall be appointed for a term 

8 of 4 years. 

9 ‘‘(4) FUNCTIONS.— 

10 ‘‘(A) IN GENERAL.—The Board shall— 

11 ‘‘(i) review and provide advice on the 

12 Administration’s modernization programs, 

13 budget, and cost accounting system; 

14 ‘‘(ii) review the Administration’s stra15 tegic plan and make recommendations on 

16 the non-safety program portions of the plan, 

17 and provide advice on the safety programs 

18 of the plan; 

19 ‘‘(iii) review the operational efficiency 

20 of the air traffic control system and make 

21 recommendations on the operational and 

22 performance metrics for that system; 

23 ‘‘(iv) approve procurements of air traf24 fic control equipment in excess of 

25 $100,000,000; 


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1 ‘‘(v) approve by July 31 of each year 

2 the Administrator’s budget request for fa3 cilities and equipment prior to its submis4 sion to the Office of Management and budg5 et, including which programs are proposed 

6 to be funded from the Air Traffic control 

7 system Modernization Account of the Air8 port and Airway Trust Fund; 

9 ‘‘(vi) approve the Federal Aviation Ad10 ministration’s Capital Investment Plan 

11 prior to its submission to the Congress; 

12 ‘‘(vii) annually review and make rec13 ommendations on the NextGen Implementa14 tion Plan; 

15 ‘‘(viii) approve the Administrator’s se16 lection of the Chief NextGen Officer ap17 pointed or designated under section 302(a) 

18 of the FAA Air Transportation Moderniza19 tion and Safety Improvement Act; and 

20 ‘‘(ix) approve the selection of the head 

21 of the Joint Planning and Development Of22 fice. 

23 ‘‘(B) MEETINGS.—The Board shall meet on 

24 a regular and periodic basis or at the call of the 

25 Chairman or of the Administrator. 


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1 ‘‘(C) ACCESS TO DOCUMENTS AND STAFF.— 

2 The Administration may give the Board appro3 priate access to relevant documents and per4 sonnel of the Administration, and the Adminis5 trator shall make available, consistent with the 

6 authority to withhold commercial and other pro7 prietary information under section 552 of title 5, 

8 cost data associated with the acquisition and op9 eration of air traffic control systems. Any mem10 ber of the Board who receives commercial or 

11 other proprietary data from the Administrator 

12 shall be subject to the provisions of section 1905 

13 of title 18, pertaining to unauthorized disclosure 

14 of such information. 

15 ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT

16 TO APPLY.—The Federal Advisory Committee Act (5 

17 U.S.C. App.) shall not apply to the Board or such 

18 rulemaking committees as the Administrator shall 

19 designate. 

20 ‘‘(6) ADMINISTRATIVE MATTERS.— 

21 ‘‘(A) TERMS OF MEMBERS.—Except as pro22 vided in paragraph (3)(C), members of the 

23 Board appointed under paragraph (2)(B) and 

24 (2)(C) shall be appointed for a term of 4 years. 


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1 ‘‘(B) REAPPOINTMENT.—No individual may 

2 be appointed to the Board for more than 8 years 

3 total. 

4 ‘‘(C) VACANCY.—Any vacancy on the Board 

5 shall be filled in the same manner as the original 

6 position. Any member appointed to fill a va7 cancy occurring before the expiration of the term 

8 for which the member’s predecessor was ap9 pointed shall be appointed for a term of 4 years. 

10 ‘‘(D) CONTINUATION IN OFFICE.—A member 

11 of the Board whose term expires shall continue 

12 to serve until the date on which the member’s 

13 successor takes office. 

14 ‘‘(E) REMOVAL.—Any member of the Board 

15 appointed under paragraph (2)(B) or (2)(C) 

16 may be removed by the President for cause. 

17 ‘‘(F) CLAIMS AGAINST MEMBERS OF THE

18 BOARD.— 

19 ‘‘(i) IN GENERAL.—A member ap20 pointed to the Board shall have no personal 

21 liability under State or Federal law with 

22 respect to any claim arising out of or re23 sulting from an act or omission by such 

24 member within the scope of service as a 

25 member of the Board. 


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1 ‘‘(ii) EFFECT ON OTHER LAW.—This 

2 subparagraph shall not be construed— 

3 ‘‘(I) to affect any other immunity 

4 or protection that may be available to 

5 a member of the Board under applica6 ble law with respect to such trans7 actions; 

8 ‘‘(II) to affect any other right or 

9 remedy against the United States 

10 under applicable law; or 

11 ‘‘(III) to limit or alter in any 

12 way the immunities that are available 

13 under applicable law for Federal offi14 cers and employees. 

15 ‘‘(G) ETHICAL CONSIDERATIONS.—Each 

16 member of the Board appointed under para17 graph (2)(B) must certify that the member— 

18 ‘‘(i) does not have a pecuniary interest 

19 in, or own stock in or bonds of, an aviation 

20 or aeronautical enterprise, except an inter21 est in a diversified mutual fund or an in22 terest that is exempt from the application of 

23 section 208 of title 18; 

24 ‘‘(ii) does not engage in another busi25 ness related to aviation or aeronautics; and 


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1 ‘‘(iii) is not a member of any organi2 zation that engages, as a substantial part of 

3 its activities, in activities to influence avia4 tion-related legislation. 

5 ‘‘(H) CHAIRMAN; VICE CHAIRMAN.—The 

6 Board shall elect a chair and a vice chair from 

7 among its members, each of whom shall serve for 

8 a term of 2 years. The vice chair shall perform 

9 the duties of the chairman in the absence of the 

10 chairman. 

11 ‘‘(I) COMPENSATON.—No member shall re12 ceive any compensation or other benefits from the 

13 Federal Government for serving on the Board, 

14 except for compensation benefits for injuries 

15 under subchapter I of chapter 81 of title 5 and 

16 except as provided under subparagraph (J). 

17 ‘‘(J) EXPENSES.—Each member of the 

18 Board shall be paid actual travel expenses and 

19 per diem in lieu of subsistence expenses when 

20 away from his or her usual place of residence, in 

21 accordance with section 5703 of title 5. 

22 ‘‘(K) BOARD RESOURCES.—From resources 

23 otherwise available to the Administrator, the 

24 Chairman shall appoint such staff to assist the 

25 board and provide impartial analysis, and the 


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1 Administrator shall make available to the Board 

2 such information and administrative services 

3 and assistance, as may reasonably be required to 

4 enable the Board to carry out its responsibilities 

5 under this subsection. 

6 ‘‘(L) QUORUM AND VOTING.—A simple ma7 jority of members of the Board duly appointed 

8 shall constitute a quorum. A majority vote of 

9 members present and voting shall be required for 

10 the Committee to take action. 

11 ‘‘(7) AIR TRAFFIC CONTROL SYSTEM DEFINED.— 

12 In this subsection, the term ‘air traffic control system’ 

13 has the meaning given that term in section 

14 40102(a).’’. 

15 SEC. 302. NEXTGEN MANAGEMENT. 

16 (a) IN GENERAL.—The Administrator shall appoint or 

17 designate an individual, as the Chief NextGen Officer, to 

18 be responsible for implementation of all Administration 

19 programs associated with the Next Generation Air Trans20 portation System. 

21 (b) SPECIFIC DUTIES.—The individual appointed or 

22 designated under subsection (a) shall— 

23 (1) oversee the implementation of all Adminis24 tration NextGen programs; 


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1 (2) coordinate implementation of those NextGen 

2 programs with the Office of Management and Budget; 

3 (3) develop an annual NextGen implementation 

4 plan; 

5 (4) ensure that Next Generation Air Transpor6 tation System implementation activities are planned 

7 in such a manner as to require that system architec8 ture is designed to allow for the incorporation of 

9 novel and currently unknown technologies into the 

10 System in the future and that current decisions do 

11 not bias future decisions unfairly in favor of existing 

12 technology at the expense of innovation; and 

13 (5) oversee the Joint Planning and Development 

14 Office’s facilitation of cooperation among all Federal 

15 agencies whose operations and interests are affected 

16 by implementation of the NextGen programs. 

17 SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAF18 FIC SERVICES. 

19 Section 106(l) is amended by adding at the end the 

20 following: 

21 ‘‘(7) AIR TRAFFIC SERVICES.—In determining 

22 what actions to take, by rule or through an agreement 

23 or transaction under paragraph (6) or under section 

24 44502, to permit non-Government providers of com25 munications, navigation, surveillance or other services 


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1 to provide such services in the National Airspace Sys2 tem, or to require the usage of such services, the Ad3 ministrator shall consider whether such actions 

4 would— 

5 ‘‘(A) promote the safety of life and property; 

6 ‘‘(B) improve the efficiency of the National 

7 Airspace System and reduce the regulatory bur8 den upon National Airspace System users, based 

9 upon sound engineering principles, user oper10 ational requirements, and marketplace demands; 

11 ‘‘(C) encourage competition and provide 

12 services to the largest feasible number of users; 

13 and 

14 ‘‘(D) take into account the unique role 

15 served by general aviation.’’. 

16 SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO 

17 REIMBURSABLE AGREEMENTS. 

18 Section 106(m) is amended by striking ‘‘without’’ in 

19 the last sentence and inserting ‘‘with or without’’. 

20 SEC. 305. CLARIFICATION TO ACQUISITION REFORM AU21 THORITY. 

22 Section 40110(c) is amended— 

23 (1) by inserting ‘‘and’’ after the semicolon in 

24 paragraph (3); 

25 (2) by striking paragraph (4); and 


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1 (3) by redesignating paragraph (5) as para2 graph (4). 

3 SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES. 

4 Section 40113(e) is amended— 

5 (1) by inserting ‘‘(whether public or private)’’ in 

6 paragraph (1) after ‘‘authorities’’; 

7 (2) by striking ‘‘safety.’’ in paragraph (1) and 

8 inserting ‘‘safety or efficiency. The Administrator is 

9 authorized to participate in, and submit offers in re10 sponse to, competitions to provide these services, and 

11 to contract with foreign aviation authorities to pro12 vide these services consistent with the provisions 

13 under section 106(l)(6) of this title. The Adminis14 trator is also authorized, notwithstanding any other 

15 provision of law or policy, to accept payments in ar16 rears.’’; and 

17 (3) by striking ‘‘appropriation from which ex18 penses were incurred in providing such services.’’ in 

19 paragraph (3) and inserting ‘‘appropriation current 

20 when the expenditures are or were paid, or the appro21 priation current when the amount is received.’’. 

22 SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM. 

23 Section 40122(g)(2) is amended— 

24 (1) by striking ‘‘and’’ after the semicolon in sub25 paragraph (G); 


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1 (2) by striking ‘‘Board.’’ in subparagraph (H) 

2 and inserting ‘‘Board; and’’; and 

3 (3) by inserting at the end the following new 

4 subparagraph: 

5 ‘‘(I) subsections (b), (c), and (d) of section 

6 4507 (relating to Meritorious Executive or Dis7 tinguished Executive rank awards), and sub8 sections (b) and (c) of section 4507a (relating to 

9 Meritorious Senior Professional or Distinguished 

10 Senior Professional rank awards), except that— 

11 ‘‘(i) for purposes of applying such pro12 visions to the personnel management sys13 tem— 

14 ‘‘(I) the term ‘agency’ means the 

15 Department of Transportation; 

16 ‘‘(II) the term ‘senior executive’ 

17 means a Federal Aviation Administra18 tion executive; 

19 ‘‘(III) the term ‘career appointee’ 

20 means a Federal Aviation Administra21 tion career executive; and 

22 ‘‘(IV) the term ‘senior career em23 ployee’ means a Federal Aviation Ad24 ministration career senior professional; 


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1 ‘‘(ii) receipt by a career appointee of 

2 the rank of Meritorious Executive or Meri3 torious Senior Professional entitles such in4 dividual to a lump-sum payment of an 

5 amount equal to 20 percent of annual basic 

6 pay, which shall be in addition to the basic 

7 pay paid under the Federal Aviation Ad8 ministration Executive Compensation Plan; 

9 and 

10 ‘‘(iii) receipt by a career appointee of 

11 the rank of Distinguished Executive or Dis12 tinguished Senior Professional entitles the 

13 individual to a lump-sum payment of an 

14 amount equal to 35 percent of annual basic 

15 pay, which shall be in addition to the basic 

16 pay paid under the Federal Aviation Ad17 ministration Executive Compensation 

18 Plan.’’. 

19 SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESS20 MENT. 

21 (a) FAA CRITERIA FOR FACILITIES REALIGNMENT.— 

22 Within 9 months after the date of enactment of this Act, 

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1 ment of services and facilities to assist in the transition 

2 to next generation facilities and help reduce capital, oper3 ating, maintenance, and administrative costs with no ad4 verse effect on safety. 

5 (b) REALIGNMENT RECOMMENDATIONS.—Within 9 

6 months after publication of the criteria, the Administrator 

7 shall publish a list of the services and facilities that the 

8 Administrator recommends for realignment, including a 

9 justification for each recommendation and a description of 

10 the costs and savings of such transition, in the Federal Reg11 ister and allow 45 days for the submission of public com12 ments to the Board. In addition, the Administrator upon 

13 request shall hold a public hearing in any community that 

14 would be affected by a recommendation in the report. 

15 (c) STUDY BY BOARD.—The Air Traffic Control Mod16 ernization Oversight Board established by section 106(p) of 

17 title 49, United States Code, shall study the Administrator’s 

18 recommendations for realignment and the opportunities, 

19 risks, and benefits of realigning services and facilities of 

20 the Administration to help reduce capital, operating, main21 tenance, and administrative costs with no adverse effect on 

22 safety. 

23 (d) REVIEW AND RECOMMENDATIONS.— 

24 (1) Based on its review and analysis of the Ad25 ministrator’s recommendations and any public comVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 ment it may receive, the Board shall make its inde2 pendent recommendations for realignment of aviation 

3 services or facilities and submit its recommendations 

4 in a report to the President, the Senate Committee on 

5 Commerce, Science, and Transportation, and the 

6 House of Representatives Committee on Transpor7 tation and Infrastructure. 

8 (2) The Board shall explain and justify in its re9 port any recommendation made by the Board that is 

10 different from the recommendations made by the Ad11 ministrator pursuant to subsection (b). 

12 (3) The Administrator may not consolidate any 

13 additional approach control facilities into the South14 ern California TRACON, the Northern California 

15 TRACON, the Miami TRACON, or the Memphis 

16 TRACON until the Board’s recommendations are 

17 completed. 

18 (e) REALIGNMENT DEFINED.—In this section, the term 

19 ‘‘realignment’’— 

20 (1) means a relocation or reorganization of func21 tions, services, or personnel positions, including a fa22 cility closure, consolidation, deconsolidation, colloca23 tion, decombining, decoupling, split, or inter-facility 

24 or inter-regional reorganization that requires a reas25 signment of employees; but 


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1 (2) does not include a reduction in personnel re2 sulting from workload adjustments. 

3 SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYS4 TEM IMPLEMENTATION OFFICE. 

5 (a) IMPROVED COOPERATION AND COORDINATION

6 AMONG PARTICIPATING AGENCIES.—Section 709 of the Vi7 sion 100—Century of Aviation Reauthorization Act (49 

8 U.S.C. 40101 note) is amended— 

9 (1) by inserting ‘‘strategic and cross-agency’’ 

10 after ‘‘manage’’ in subsection (a)(1); 

11 (2) by adding at the end of subsection (a)(1) 

12 ‘‘The office shall be headed by a Director, who shall 

13 report to the Chief NextGen Officer appointed or des14 ignated under section 302(a) of the FAA Air Trans15 portation Modernization and Safety Improvement 

16 Act.’’; 

17 (3) by inserting ‘‘(A)’’ after ‘‘(3)’’ in subsection 

18 (a)(3); 

19 (4) by inserting after subsection (a)(3) the fol20 lowing: 

21 ‘‘(B) The Administrator, the Secretary of 

22 Defense, the Administrator of the National Aero23 nautics and Space Administration, the Secretary 

24 of Commerce, the Secretary of Homeland Secu25 rity, and the head of any other Department or 


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1 Federal agency from which the Secretary of 

2 Transportation requests assistance under sub3 paragraph (A) shall designate an implementa4 tion office to be responsible for— 

5 ‘‘(i) carrying out the Department or 

6 agency’s Next Generation Air Transpor7 tation System implementation activities 

8 with the Office; 

9 ‘‘(ii) liaison and coordination with 

10 other Departments and agencies involved in 

11 Next Generation Air Transportation System 

12 activities; and 

13 ‘‘(iii) managing all Next Generation 

14 Air Transportation System programs for 

15 the Department or agency, including nec16 essary budgetary and staff resources, includ17 ing, for the Federal Aviation Administra18 tion, those projects described in section 

19 44501(b)(5) of title 49, United States Code). 

20 ‘‘(C) The head of any such Department or 

21 agency shall ensure that— 

22 ‘‘(i) the Department’s or agency’s Next 

23 Generation Air Transportation System re24 sponsibilities are clearly communicated to 

25 the designated office; and 


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1 ‘‘(ii) the performance of supervisory 

2 personnel in that office in carrying out the 

3 Department’s or agency’s Next Generation 

4 Air Transportation System responsibilities 

5 is reflected in their annual performance 

6 evaluations and compensation decisions. 

7 ‘‘(D)(i) Within 6 months after the date of 

8 enactment of the FAA Air Transportation Mod9 ernization and Safety Improvement Act, the 

10 head of each such Department or agency shall 

11 execute a memorandum of understanding with 

12 the Office and with the other Departments and 

13 agencies participating in the Next Generation 

14 Air Transportation System project that— 

15 ‘‘(I) describes the respective responsibil16 ities of each such Department and agency, 

17 including budgetary commitments; and 

18 ‘‘(II) the budgetary and staff resources 

19 committed to the project. 

20 ‘‘(ii) The memorandum shall be revised as 

21 necessary to reflect any changes in such respon22 sibilities or commitments and be reflected in 

23 each Department or agency’s budget request.’’; 


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1 (5) by striking ‘‘beyond those currently included 

2 in the Federal Aviation Administration’s operational 

3 evolution plan’’ in subsection (b); 

4 (6) by striking ‘‘research and development road5 map’’ in subsection (b)(3) and inserting ‘‘implemen6 tation plan’’; 

7 (7) by striking ‘‘and’’ after the semicolon in sub8 section (b)(3)(B); 

9 (8) by inserting after subsection (b)(3)(C) the fol10 lowing: 

11 ‘‘(D) a schedule of rulemakings required to 

12 issue regulations and guidelines for implementa13 tion of the Next Generation Air Transportation 

14 System within a timeframe consistent with the 

15 integrated plan; and’’; 

16 (9) by inserting ‘‘and key technologies’’ after 

17 ‘‘concepts’’ in subsection (b)(4); 

18 (10) by striking ‘‘users’’ in subsection (b)(4) and 

19 inserting ‘‘users, an implementation plan,’’; 

20 (11) by adding at the end of subsection (b) the 

21 following: 

22 ‘‘Within 6 months after the date of enactment of the FAA 

23 Air Transportation Modernization and Safety Improve24 ment Act, the Administrator shall develop the implementaVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 tion plan described in paragraph (3) of this subsection and 

2 shall update it annually thereafter.’’; and 

3 (12) by striking ‘‘2010.’’ in subsection (e) and 

4 inserting ‘‘2011.’’. 

5 (b) SENIOR POLICY COMMITTEE MEETINGS.—Section 

6 710(a) of such Act (49 U.S.C. 40101 note) is amended by 

7 striking ‘‘Secretary.’’ and inserting ‘‘Secretary and shall 

8 meet at least once each quarter.’’. 

9 SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY. 

10 Section 40102(a)(4) is amended— 

11 (1) by striking subparagraph (B) and inserting 

12 the following: 

13 ‘‘(B) runway lighting and airport surface 

14 visual and other navigation aids;’’; 

15 (2) by striking ‘‘weather information, signaling, 

16 radio-directional finding, or radio or other electro17 magnetic communication; and’’ in subparagraph (C) 

18 and inserting ‘‘aeronautical and meteorological infor19 mation to air traffic control facilities or aircraft, sup20 plying communication, navigation or surveillance 

21 equipment for air-to-ground or air-to-air applica22 tions;’’; 

23 (3) by striking ‘‘another structure’’ in subpara24 graph (D) and inserting ‘‘any structure, equipment,’’; 


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1 (4) by striking ‘‘aircraft.’’ in subparagraph (D) 

2 and inserting ‘‘aircraft; and’’; and 

3 (5) by adding at the end the following: 

4 ‘‘(E) buildings, equipment, and systems 

5 dedicated to the National Airspace System.’’. 

6 SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVEN7 TORY. 

8 Section 40110(a)(2) is amended by striking ‘‘com9 pensation; and’’ and inserting ‘‘compensation, and the 

10 amount received may be credited to the appropriation cur11 rent when the amount is received; and’’. 

12 SEC. 312. EDUCATIONAL REQUIREMENTS. 

13 The Administrator shall make payments to the De14 partment of Defense for the education of dependent children 

15 of those Administration employees in Puerto Rico and 

16 Guam as they are subject to transfer by policy and practice 

17 and meet the eligibility requirements of section 2164(c) of 

18 title 10, United States Code. 

19 SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM. 

20 Section 40122(a)(2) is amended to read as follows: 

21 ‘‘(2) DISPUTE RESOLUTION.— 

22 ‘‘(A) MEDIATION.—If the Administrator 

23 does not reach an agreement under paragraph 

24 (1) or subsection (g)(2)(C) with the exclusive 

25 bargaining representatives, the services of the 


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1 Federal Mediation and Conciliation Service shall 

2 be used to attempt to reach such agreement in 

3 accordance with part 1425 of title 29, Code of 

4 Federal Regulations. The Administrator and 

5 bargaining representatives may by mutual agree6 ment adopt procedures for the resolution of dis7 putes or impasses arising in the negotiation of a 

8 collective-bargaining agreement. 

9 ‘‘(B) BINDING ARBITRATION.—If the serv10 ices of the Federal Mediation and Conciliation 

11 Service under subparagraph (A) do not lead to 

12 an agreement, the Administrator and the bar13 gaining representatives shall submit their issues 

14 in controversy to the Federal Service Impasses 

15 Panel in accordance with section 7119 of title 5. 

16 The Panel shall assist the parties in resolving the 

17 impasse by asserting jurisdiction and ordering 

18 binding arbitration by a private arbitration 

19 board consisting of 3 members in accordance 

20 with section 2471.6(a)(2)(ii) of title 5, Code of 

21 Federal Regulations. The executive director of the 

22 Panel shall request a list of not less than 15 

23 names of arbitrators with Federal sector experi24 ence from the director of the Federal Mediation 

25 and Conciliation Service to be provided to the 


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1 Administrator and the bargaining representa2 tives. Within 10 days after receiving the list, the 

3 parties shall each select 1 person. The 2 arbitra4 tors shall then select a third person from the list 

5 within 7 days. If the 2 arbitrators are unable to 

6 agree on the third person, the parties shall select 

7 the third person by alternately striking names 

8 from the list until only 1 name remains. If the 

9 parties do not agree on the framing of the issues 

10 to be submitted, the arbitration board shall 

11 frame the issues. The arbitration board shall give 

12 the parties a full and fair hearing, including an 

13 opportunity to present evidence in support of 

14 their claims, and an opportunity to present their 

15 case in person, by counsel, or by other represent16 ative as they may elect. Decisions of the arbitra17 tion board shall be conclusive and binding upon 

18 the parties. The arbitration board shall render 

19 its decision within 90 days after its appoint20 ment. The Administrator and the bargaining 

21 representative shall share costs of the arbitration 

22 equally. The arbitration board shall take into 

23 consideration the effect of its arbitration deci24 sions on the Federal Aviation Administration’s 

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1 force and the Federal Aviation Administration’s 

2 budget. 

3 ‘‘(C) EFFECT.—Upon reaching a voluntary 

4 agreement or at the conclusion of the binding ar5 bitration under subparagraph (B) above, the 

6 final agreement, except for those matters decided 

7 by the arbitration board, shall be subject to rati8 fication by the exclusive representative, if so re9 quested by the exclusive representative, and ap10 proval by the head of the agency in accordance 

11 with subsection (g)(2)(C). 

12 ‘‘(D) ENFORCEMENT.—Enforcement of the 

13 provisions of this paragraph shall be in the 

14 United States District Court for the District of 

15 Columbia.’’. 

16 SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES. 

17 (a) OEP AIRPORT PROCEDURES.— 

18 (1) IN GENERAL.—Within 6 months after the 

19 date of enactment of this Act, the Administrator shall 

20 publish a report, after consultation with representa21 tives of appropriate Administration employee groups, 

22 airport operators, air carriers, and aircraft manufac23 turers that includes the following: 

24 (A) RNP/RNAV OPERATIONS.—The re25 quired navigation performance and area navigaVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 tion operations, including the procedures to be 

2 developed, certified, and published and the air 

3 traffic control operational changes, to maximize 

4 the efficiency and capacity of NextGen commer5 cial operations at the 35 Operational Evolution 

6 Partnership airports identified by the Adminis7 tration. 

8 (B) COORDINATION AND IMPLEMENTATION

9 ACTIVITIES.—A description of the activities and 

10 operational changes and approvals required to 

11 coordinate and utilize those procedures at those 

12 airports. 

13 (C) IMPLEMENTATION PLAN.—A plan for 

14 implementing those procedures that establishes— 

15 (i) clearly defined budget, schedule, 

16 project organization, and leadership re17 quirements; 

18 (ii) specific implementation and tran19 sition steps; and 

20 (iii) baseline and performance metrics 

21 for measuring the Administration’s progress 

22 in implementing the plan, including the 

23 percentage utilization of required naviga24 tion performance in the National Airspace 

25 System. 


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1 (D) COST/BENEFIT ANALYSIS FOR THIRD2 PARTY USAGE.—An assessment of the costs and 

3 benefits of using third parties to assist in the de4 velopment of the procedures. 

5 (E) ADDITIONAL PROCEDURES.—A process 

6 for the identification, certification, and publica7 tion of additional required navigation perform8 ance and area navigation procedures that may 

9 be required at such airports in the future. 

10 (2) IMPLEMENTATION SCHEDULE.—The Admin11 istrator shall certify, publish, and implement— 

12 (A) 30 percent of the required procedures 

13 within 18 months after the date of enactment of 

14 this Act; 

15 (B) 60 percent of the procedures within 36 

16 months after the date of enactment of this Act; 

17 and 

18 (C) 100 percent of the procedures before 

19 January 1, 2014. 

20 (b) EXPANSION OF PLAN TO OTHER AIRPORTS.— 

21 (1) IN GENERAL.—No later than January 1, 

22 2014, the Administrator shall publish a report, after 

23 consultation with representatives of appropriate Ad24 ministration employee groups, airport operators, and 

25 air carriers, that includes a plan for applying the 


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1 procedures, requirements, criteria, and metrics de2 scribed in subsection (a)(1) to other airports across 

3 the Nation. 

4 (2) IMPLEMENTATION SCHEDULE.—The Admin5 istrator shall certify, publish, and implement— 

6 (A) 25 percent of the required procedures at 

7 such other airports before January 1, 2015; 

8 (B) 50 percent of the procedures at such 

9 other airports before January 1, 2016; 

10 (C) 75 percent of the procedures at such 

11 other airports before January 1, 2017; and 

12 (D) 100 percent of the procedures before 

13 January 1, 2018. 

14 (c) ESTABLISHMENT OF PRIORITIES.—The Adminis15 trator shall extend the charter of the Performance Based 

16 Navigation Aviation Rulemaking Committee as necessary 

17 to authorize and request it to establish priorities for the de18 velopment, certification, publication, and implementation 

19 of the navigation performance and area navigation proce20 dures based on their potential safety and congestion bene21 fits. 

22 (d) COORDINATED AND EXPEDITED REVIEW.—Navi23 gation performance and area navigation procedures devel24 oped, certified, published, and implemented under this sec25 tion shall be presumed to be covered by a categorical excluVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 sion (as defined in section 1508.4 of title 40, Code of Fed2 eral Regulations) under chapter 3 of FAA Order 1050.1E 

3 unless the Administrator determines that extraordinary cir4 cumstances exist with respect to the procedure. 

5 (e) DEPLOYMENT PLAN FOR NATIONWIDE DATA COM6 MUNICATIONS SYSTEM.—Within 1 year after the date of en7 actment of this Act, the Administrator shall submit a plan 

8 for implementation of a nationwide communications system 

9 to the Senate Committee on Commerce, Science, and Trans10 portation and the House of Representatives Committee on 

11 Transportation and Infrastructure. The plan shall in12 clude— 

13 (1) clearly defined budget, schedule, project orga14 nization, and leadership requirements; 

15 (2) specific implementation and transition steps; 

16 and 

17 (3) baseline and performance metrics for meas18 uring the Administration’s progress in implementing 

19 the plan. 

20 (f) IMPROVED PERFORMANCE STANDARDS.—Within 

21 90 days after the date of enactment of this Act, the Adminis22 trator shall submit a report to the Senate committee on 

23 commerce, Science, and Transportation and the House of 

24 Representatives Committee on Transportation and Infra25 structure that— 


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1 (1) evaluates whether utilization of ADS–B, 

2 RNP, and other technologies as part of the NextGen 

3 Air Transportation System implementation plan will 

4 display the position of aircraft more accurately and 

5 frequently so as to enable a more efficient use of exist6 ing airspace and result in reduced consumption of 

7 aviation fuel and aircraft engine emissions; 

8 (2) evaluates the feasibility of reducing aircraft 

9 separation standards in a safe manner as a result of 

10 implementation of such technologies; and 

11 (3) if the Administrator determines that such 

12 standards can be reduced safely, includes a timetable 

13 for implementation of such reduced standards. 

14 SEC. 315. ADS–B DEVELOPMENT AND IMPLEMENTATION. 

15 (a) IN GENERAL.— 

16 (1) REPORT REQUIRED.—Within 90 days after 

17 the date of enactment of this Act, the Administrator 

18 shall submit a report to the Senate Committee on 

19 Commerce, Science, and Transportation and the 

20 House of Representatives Committee on Transpor21 tation and Infrastructure detailing the Administra22 tion’s program and schedule for integrating ADS–B 

23 technology into the National Airspace System. The re24 port shall include— 


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1 (A) a clearly defined budget, schedule, 

2 project organization, leadership, and the specific 

3 implementation or transition steps required to 

4 achieve these ADS–B ground station installation 

5 goals; 

6 (B) a transition plan for ADS–B that in7 cludes date-specific milestones for the implemen8 tation of new capabilities into the National Air9 space System; 

10 (C) identification of any potential oper11 ational or workforce changes resulting from de12 ployment of ADS–B; 

13 (D) detailed plans and schedules for imple14 mentation of advanced operational procedures 

15 and ADS–B air-to-air applications; and 

16 (E) baseline and performance metrics in 

17 order to measure the agency’s progress. 

18 (2) IDENTIFICATION AND MEASUREMENT OF BEN19 EFITS.—In the report required by paragraph (1), the 

20 Administrator shall identify actual benefits that will 

21 accrue to National Airspace System users from de22 ployment of ADS–B and provide and explanation of 

23 the metrics used to quantify those benefits. 

24 (b) RULEMAKINGS.— 


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1 (1) ADS–B OUT.—Not later than 45 days after 

2 the date of enactment of this Act the Administrator 

3 shall— 

4 (A) complete the initial rulemaking pro5 ceeding (Docket No. FAA–2007–29305; Notice 

6 No. 07–15; 72 FR 56947) to issue guidelines and 

7 regulations for ADS–B Out technology that— 

8 (i) identify the ADS–B Out technology 

9 that will be required under NextGen; 

10 (ii) subject to paragraph (3), require 

11 all aircraft to be equipped with such tech12 nology by 2015; and 

13 (iii) identify— 

14 (I) the type of such avionics re15 quired of aircraft for all classes of air16 space; 

17 (II) the expected costs associated 

18 with the avionics; and 

19 (III) the expected uses and bene20 fits of the avionics; and 

21 (B) initiate a rulemaking proceeding to 

22 issue any additional guidelines and regulations 

23 for ADS–B Out technology not addressed in the 

24 initial rulemaking. 


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1 (2) ADS–B IN.—Not later than 45 days after the 

2 date of enactment of this Act the Administrator shall 

3 initiate a rulemaking proceeding to issue guidelines 

4 and regulations for ADS–B In technology that— 

5 (A) identify the ADS–B In technology that 

6 will be required under NextGen; 

7 (B) subject to paragraph (3), require all 

8 aircraft to be equipped with such technology by 

9 2018; and 

10 (C) identify— 

11 (i) the type of such avionics required of 

12 aircraft for all classes of airspace; 

13 (ii) the expected costs associated with 

14 the avionics; and 

15 (iii) the expected uses and benefits of 

16 the avionics. 

17 (3) READINESS VERIFICATION.—Before the date 

18 on which all aircraft are required to be equipped with 

19 ADS–B technology pursuant to rulemakings under 

20 paragraphs (1) and (2), the Air Traffic Control Mod21 ernization Oversight Board shall verify that— 

22 (A) the necessary ground infrastructure is 

23 installed and functioning properly; 

24 (B) certification standards have been ap25 proved; and 


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1 (C) appropriate operational platforms 

2 interface safely and efficiently. 

3 (c) USES.—Within 18 months after the date of enact4 ment of this Act, the Administrator shall develop, in con5 sultation with appropriate employee groups, a plan for the 

6 use of ADS–B technology for surveillance and active air 

7 traffic control by 2015. The plans shall— 

8 (1) include provisions to test the use of ADS–B 

9 prior to the 2015 deadline for surveillance and active 

10 air traffic control in specific regions of the country 

11 with the most congested airspace; 

12 (2) identify the equipment required at air traffic 

13 control facilities and the training required for air 

14 traffic controllers; 

15 (3) develop procedures, in consultation with ap16 propriate employee groups, to conduct air traffic 

17 management in mixed equipage environments; and 

18 (4) establish a policy in these test regions, with 

19 consultation from appropriate employee groups, to 

20 provide incentives for equipage with ADS–B tech21 nology by giving priority to aircraft equipped with 

22 such technology before the 2015 and 2018 equipage 

23 deadlines. 


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1 SEC. 316. EQUIPAGE INCENTIVES. 

2 (a) IN GENERAL.—The Administrator shall issue a re3 port that— 

4 (1) identifies incentive options to encourage the 

5 equipage of aircraft with NextGen technologies, in6 cluding a policy that gives priority to aircraft 

7 equipped with ADS–B technology; 

8 (2) identifies the costs and benefits of each op9 tion; and 

10 (3) includes input from industry stakeholders, 

11 including passenger and cargo air carriers, aerospace 

12 manufacturers, and general aviation aircraft opera13 tors. 

14 (b) DEADLINE.—The Administrator shall issue the re15 port before the earlier of— 

16 (1) the date that is 6 months after the date of 

17 enactment of this Act; or 

18 (2) the date on which aircraft are required to be 

19 equipped with ADS–B technology pursuant to 

20 rulemakings under section 315(b) of this Act. 

21 SEC. 317. PERFORMANCE METRICS. 

22 (a) IN GENERAL.—No later than June 1, 2010, the Ad23 ministrator shall establish and track National Airspace 

24 System performance metrics, including, at a minimum— 

25 (1) the allowable operations per hour on run26 ways; 


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1 (2) average gate-to-gate times; 

2 (3) fuel burned between key city pairs; 

3 (4) operations using the advanced procedures 

4 implemented under section 314 of this Act; 

5 (5) average distance flown between key city 

6 pairs; 

7 (6) time between pushing back from the gate and 

8 taking off; 

9 (7) uninterrupted climb or descent; 

10 (8) average gate arrival delay for all arrivals; 

11 (9) flown versus filed flight times for key city 

12 pairs; and 

13 (10) metrics to demonstrate reduced fuel burn 

14 and reduced emissions. 

15 (b) OPTIMAL BASELINES.—The Administrator, in con16 sultation with aviation industry stakeholders, shall identify 

17 optimal baselines for each of these metrics and appropriate 

18 methods to measure deviations from these baselines. 

19 (c) PUBLICATION.—The Administration shall make the 

20 data obtained under subsection (a) available to the public 

21 in a searchable, sortable, downloadable format through its 

22 website and other appropriate media. 

23 (d) REPORTS.— 

24 (1) INITIAL REPORT.—Not later than 90 days 

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1 trator shall submit to the Senate Committee on Com2 merce, Science, and Transportation and the House of 

3 Representatives Committee on Transportation and 

4 Infrastructure that contains— 

5 (A) a description of the metrics that will be 

6 used to measure the Administration’s progress in 

7 implementing NextGen Air Transportation Sys8 tem capabilities and operational results; and 

9 (B) information about how any additional 

10 metrics were developed. 

11 (2) ANNUAL PROGRESS REPORT.—The Adminis12 trator shall submit an annual progress report to those 

13 committees on the Administration’s progress in im14 plementing NextGen Air Transportation System. 

15 SEC. 318. CERTIFICATION STANDARDS AND RESOURCES. 

16 (a) IN GENERAL.—Within 6 months after the date of 

17 enactment of this Act, the Administrator shall develop a 

18 plan to accelerate and streamline the process for certifi19 cation of NextGen technologies, including— 

20 (1) updated project plans and timelines to meet 

21 the deadlines established by this title; 

22 (2) identification of the specific activities needed 

23 to certify core NextGen technologies, including the es24 tablishment of NextGen technical requirements for the 

25 manufacture of equipage, installation of equipage, 


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1 airline operational procedures, pilot training stand2 ards, air traffic control procedures, and air traffic 

3 controller training; 

4 (3) staffing requirements for the Air Certifi5 cation Service and the Flight Standards Service, and 

6 measures addressing concerns expressed by the De7 partment of Transportation Inspector General and 

8 the Comptroller General regarding staffing needs for 

9 modernization; 

10 (4) an assessment of the extent to which the Ad11 ministration will use third parties in the certification 

12 process, and the cost and benefits of this approach; 

13 and 

14 (5) performance metrics to measure the Adminis15 tration’s progress. 

16 (b) CERTIFICATION INTEGRITY.—The Administrator 

17 shall make no distinction between public or privately owned 

18 equipment, systems, or services used in the National Air19 space System when determining certification requirements. 

20 SEC. 319. UNMANNED AERIAL SYSTEMS. 

21 (a) IN GENERAL.—Within 1 year after the date of en22 actment of this Act, the Administrator shall develop a plan 

23 to accelerate the integration of unmanned aerial systems 

24 into the National Airspace System that— 


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1 (1) creates a pilot project to integrate such vehi2 cles into the National Airspace System at 4 test sites 

3 in the National Airspace System by 2012; 

4 (2) creates a safe, non-exclusionary airspace des5 ignation for cooperative manned and unmanned 

6 flight operations in the National Airspace System; 

7 (3) establishes a process to develop certification, 

8 flight standards, and air traffic requirements for such 

9 vehicles at the test sites; 

10 (4) dedicates funding for unmanned aerial sys11 tems research and development to certification, flight 

12 standards, and air traffic requirements; 

13 (5) encourages leveraging and coordination of 

14 such research and development activities with the Na15 tional Aeronautics and Space Administration and the 

16 Department of Defense; 

17 (6) addresses both military and civilian un18 manned aerial system operations; 

19 (7) ensures the unmanned aircraft systems inte20 gration plan is incorporated in the Administration’s 

21 NextGen Air Transportation System implementation 

22 plan; and 

23 (8) provides for verification of the safety of the 

24 vehicles and navigation procedures before their inte25 gration into the National Airspace System. 


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1 (b) TEST SITE CRITERIA.—The Administrator shall 

2 take into consideration geographical and climate diversity 

3 in determining where the test sites to be established under 

4 the pilot project required by subsection (a)(1) are to be lo5 cated. 

6 SEC. 320. SURFACE SYSTEMS PROGRAM OFFICE. 

7 (a) IN GENERAL.—The Air Traffic Organization 

8 shall— 

9 (1) evaluate the Airport Surface Detection 

10 Equipment-Model X program for its potential con11 tribution to implementation of the NextGen initiative; 

12 (2) evaluate airport surveillance technologies and 

13 associated collaborative surface management software 

14 for potential contributions to implementation of 

15 NextGen surface management; 

16 (3) accelerate implementation of the program; 

17 and 

18 (4) carry out such additional duties as the Ad19 ministrator may require. 

20 (b) EXPEDITED CERTIFICATION AND UTILIZATION.— 

21 The Administrator shall— 

22 (1) consider options for expediting the certifi23 cation of Ground Based Augmentation System tech24 nology; and 


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1 (2) develop a plan to utilize such a system at the 

2 35 Operational Evolution Partnership airports by 

3 September 30, 2012. 

4 SEC. 321. STAKEHOLDER COORDINATION. 

5 (a) IN GENERAL.—The Administrator shall establish 

6 a process for including qualified employees selected by each 

7 exclusive collective bargaining representative of employees 

8 of the Administration who are likely to be affected by the 

9 planning, development, and deployment of air traffic con10 trol modernization projects (including the Next Generation 

11 Air Transportation System) in, and collaborating with, 

12 such employees in the planning, development, and deploy13 ment of those projects. 

14 (b) PARTICIPATION.— 

15 (1) BARGAINING OBLIGATIONS AND RIGHTS.— 

16 Participation in the process described in subsection 

17 (a) shall not be construed as a waiver of any bar18 gaining obligations or rights under section 

19 40122(a)(1) or 40122(g)(2)(C) of title 49, United 

20 States Code. 

21 (2) CAPACITY AND COMPENSATION.—Exclusive 

22 collective bargaining representatives and selected em23 ployees participating in the process described in sub24 section (a) shall— 


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1 (A) serve in a collaborative and advisory 

2 capacity; and 

3 (B) receive appropriate travel and per diem 

4 expenses in accordance with the travel policies of 

5 the Administration in addition to any regular 

6 compensation and benefits. 

7 (c) REPORT.—No later than 180 days after the date 

8 of enactment of this Act, the Administrator shall submit 

9 a report on the implementation of this section to the Senate 

10 Committee on Commerce, Science, and Transportation and 

11 the House of Representatives Committee on Transportation 

12 and Infrastructure. 

13 SEC. 322. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA14 CILITY CONDITIONS. 

15 (a) ESTABLISHMENT.—The Administrator shall estab16 lish a special task force to be known as the ‘‘FAA Task 

17 Force on Air Traffic Control Facility Conditions’’. 

18 (b) MEMBERSHIP.— 

19 (1) COMPOSITION.—The Task Force shall be com20 posed of 11 members of whom— 

21 (A) 7 members shall be appointed by the 

22 Administrator; and 

23 (B) 4 members shall be appointed by labor 

24 unions representing employees who work at field 

25 facilities of the Administration. 


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1 (2) QUALIFICATIONS.—Of the members ap2 pointed by the Administrator under paragraph 

3 (1)(A)— 

4 (A) 4 members shall be specialists on toxic 

5 mold abatement, ‘‘sick building syndrome,’’ and 

6 other hazardous building conditions that can 

7 lead to employee health concerns and shall be ap8 pointed by the Administrator in consultation 

9 with the Director of the National Institute for 

10 Occupational Safety and Health; and 

11 (B) 2 members shall be specialists on the re12 habilitation of aging buildings. 

13 (3) TERMS.—Members shall be appointed for the 

14 life of the Task Force. 

15 (4) VACANCIES.—A vacancy in the Task Force 

16 shall be filled in the manner in which the original 

17 appointment was made. 

18 (5) TRAVEL EXPENSES.—Members shall serve 

19 without pay but shall receive travel expenses, includ20 ing per diem in lieu of subsistence, in accordance 

21 with subchapter I of chapter 57 of title 5, United 

22 States Code. 

23 (c) CHAIRPERSON.—The Administrator shall des24 ignate, from among the individuals appointed under subVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 section (b)(1), an individual to serve as chairperson of the 

2 Task Force. 

3 (d) TASK FORCE PERSONNEL MATTERS.— 

4 (1) STAFF.—The Task Force may appoint and 

5 fix the pay of such personnel as it considers appro6 priate. 

7 (2) STAFF OF FEDERAL AGENCIES.—Upon re8 quest of the Chairperson of the Task Force, the head 

9 of any department or agency of the United States 

10 may detail, on a reimbursable basis, any of the per11 sonnel of that department or agency to the Task Force 

12 to assist it in carrying out its duties under this sec13 tion. 

14 (3) OTHER STAFF AND SUPPORT.—Upon request 

15 of the Task Force or a panel of the Task Force, the 

16 Administrator shall provide the Task Force or panel 

17 with professional and administrative staff and other 

18 support, on a reimbursable basis, to the Task Force 

19 to assist it in carrying out its duties under this sec20 tion. 

21 (e) OBTAINING OFFICIAL DATA.—The Task Force may 

22 secure directly from any department or agency of the 

23 United States information (other than information required 

24 by any statute of the United States to be kept confidential 

25 by such department or agency) necessary for the Task Force 


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1 to carry out its duties under this section. Upon request of 

2 the chairperson of the Task Force, the head of that depart3 ment or agency shall furnish such information to the Task 

4 Force. 

5 (f) DUTIES.— 

6 (1) STUDY.—The Task Force shall undertake a 

7 study of— 

8 (A) the conditions of all air traffic control 

9 facilities across the Nation, including towers, 

10 centers, and terminal radar air control; 

11 (B) reports from employees of the Adminis12 tration relating to respiratory ailments and 

13 other health conditions resulting from exposure 

14 to mold, asbestos, poor air quality, radiation 

15 and facility-related hazards in facilities of the 

16 Administration; 

17 (C) conditions of such facilities that could 

18 interfere with such employees’ ability to effec19 tively and safely perform their duties; 

20 (D) the ability of managers and supervisors 

21 of such employees to promptly document and 

22 seek remediation for unsafe facility conditions; 

23 (E) whether employees of the Administra24 tion who report facility-related illnesses are 

25 treated fairly; 


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1 (F) utilization of scientifically approved re2 mediation techniques in a timely fashion once 

3 hazardous conditions are identified in a facility 

4 of the Administration; and 

5 (G) resources allocated to facility mainte6 nance and renovation by the Administration. 

7 (2) FACILITY CONDITION INDICES.—The Task 

8 Force shall review the facility condition indices of the 

9 Administration for inclusion in the recommendations 

10 under subsection (g). 

11 (g) RECOMMENDATIONS.—Based on the results of the 

12 study and review of the facility condition indices under sub13 section (f), the Task Force shall make recommendations as 

14 it considers necessary to— 

15 (1) prioritize those facilities needing the most 

16 immediate attention in order of the greatest risk to 

17 employee health and safety; 

18 (2) ensure that the Administration is using sci19 entifically approved remediation techniques in all fa20 cilities; and 

21 (3) assist the Administration in making pro22 grammatic changes so that aging air traffic control 

23 facilities do not deteriorate to unsafe levels. 

24 (h) REPORT.—Not later than 6 months after the date 

25 on which initial appointments of members to the Task 


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1 Force are completed, the Task Force shall submit a report 

2 to the Administrator, the Senate Committee on Commerce, 

3 Science, and Transportation, and the House of Representa4 tives Committee on Transportation and Infrastructure on 

5 the activities of the Task Force, including the recommenda6 tions of the Task Force under subsection (g). 

7 (i) IMPLEMENTATION.—Within 30 days after receipt 

8 of the Task Force report under subsection (h), the Adminis9 trator shall submit to the House of Representatives Com10 mittee on Transportation and Infrastructure and the Sen11 ate Committee on Commerce, Science, and Transportation 

12 a report that includes a plan and timeline to implement 

13 the recommendations of the Task Force and to align future 

14 budgets and priorities of the Administration accordingly. 

15 (j) TERMINATION.—The Task Force shall terminate on 

16 the last day of the 30-day period beginning on the date on 

17 which the report under subsection (h) is submitted. 

18 (k) APPLICABILITY OF THE FEDERAL ADVISORY COM19 MITTEE ACT.—The Federal Advisory Committee Act (5 

20 U.S.C. App.) shall not apply to the Task Force. 

21 SEC. 323. STATE ADS–B EQUIPAGE BANK PILOT PROGRAM. 

22 (a) IN GENERAL.— 

23 (1) COOPERATIVE AGREEMENTS.—Subject to the 

24 provisions of this section, the Secretary of Transpor25 tation may enter into cooperative agreements with 


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1 not to exceed 5 States for the establishment of State 

2 ADS–B equipage banks for making loans and pro3 viding other assistance to public entities for projects 

4 eligible for assistance under this section. 

5 (b) FUNDING.— 

6 (1) SEPARATE ACCOUNT.—An ADS–B equipage 

7 bank established under this section shall maintain a 

8 separate aviation trust fund account for Federal 

9 funds contributed to the bank under paragraph (2). 

10 No Federal funds contributed or credited to an ac11 count of an ADS–B equipage bank established under 

12 this section may be commingled with Federal funds 

13 contributed or credited to any other account of such 

14 bank. 

15 (2) AUTHORIZATION.—There are authorized to be 

16 appropriated to the Secretary $25,000,000 for each of 

17 fiscal years 2010 through 2014. 

18 (c) FORMS OF ASSISTANCE FROM ADS–B EQUIPAGE

19 BANKS.—An ADS–B equipage bank established under this 

20 section may make loans or provide other assistance to a 

21 public entity in an amount equal to all or part of the cost 

22 of carrying out a project eligible for assistance under this 

23 section. The amount of any loan or other assistance pro24 vided for such project may be subordinated to any other 

25 debt financing for the project. 


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1 (d) QUALIFYING PROJECTS.—Federal funds in the 

2 ADS–B equipage account of an ADS–B equipage bank es3 tablished under this section may be used only to provide 

4 assistance with respect to aircraft ADS–B and related avi5 onics equipage. 

6 (e) REQUIREMENTS.—In order to establish an ADS– 

7 B equipage bank under this section, each State establishing 

8 such a bank shall— 

9 (1) contribute, at a minimum, in each account 

10 of the bank from non-Federal sources an amount 

11 equal to 50 percent of the amount of each capitaliza12 tion grant made to the State and contributed to the 

13 bank; 

14 (2) ensure that the bank maintains on a con15 tinuing basis an investment grade rating on its debt 

16 issuances or has a sufficient level of bond or debt fi17 nancing instrument insurance to maintain the viabil18 ity of the bank; 

19 (3) ensure that investment income generated by 

20 funds contributed to an account of the bank will be— 

21 (A) credited to the account; 

22 (B) available for use in providing loans and 

23 other assistance to projects eligible for assistance 

24 from the account; and 


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1 (C) invested in United States Treasury se2 curities, bank deposits, or such other financing 

3 instruments as the Secretary may approve to 

4 earn interest to enhance the leveraging of projects 

5 assisted by the bank; 

6 (4) ensure that any loan from the bank will bear 

7 interest at or below market interest rates, as deter8 mined by the State, to make the project that is the 

9 subject of the loan feasible; 

10 (5) ensure that the term for repaying any loan 

11 will not exceed 10 years after the date of the first 

12 payment on the loan; and 

13 (6) require the bank to make an annual report 

14 to the Secretary on its status no later than September 

15 30 of each year for which funds are made available 

16 under this section, and to make such other reports as 

17 the Secretary may require by guidelines. 

18 SEC. 324. IMPLEMENTATION OF INSPECTOR GENERAL ATC 

19 RECOMMENDATIONS. 

20 (a) IN GENERAL.—As soon as practicable after the 

21 date of enactment of this Act, but no later than 1 year after 

22 that date, the Administrator of the Federal Aviation Ad23 ministration shall— 

24 (1) provide the Los Angeles International Air 

25 Traffic Control Tower facility, the Southern CaliVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 fornia Terminal Radar Approach Control facility, 

2 and the Northern California Terminal Radar Ap3 proach Control facility a sufficient number of con4 tract instructors, classroom space (including off-site 

5 locations as needed), and simulators for a surge in 

6 the number of new air traffic controllers at those fa7 cilities; 

8 (2) to the greatest extent practicable, distribute 

9 the placement of new trainee air traffic controllers at 

10 those facilities evenly across the calendar year in 

11 order to avoid training bottlenecks; 

12 (3) commission an independent analysis, in con13 sultation with the Administration and the exclusive 

14 bargaining representative of air traffic controllers cer15 tified under section 7111 of title 5, United States 

16 Code, of overtime scheduling practices at those facili17 ties; and 

18 (4) to the greatest extent practicable, provide pri19 ority to certified professional controllers-in-training 

20 when filling staffing vacancies at those facilities. 

21 (b) STAFFING ANALYSES AND REPORTS.—For the pur22 poses of— 

23 (1) the Federal Aviation Administration’s an24 nual controller workforce plan, 


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1 (2) the Administration’s facility-by-facility au2 thorized staffing ranges, and 

3 (3) any report of air traffic controller staffing 

4 levels submitted to the Congress, 

5 the Administrator may not consider an individual to be 

6 an air traffic controller unless that individual is a certified 

7 professional controller. 

8 SEC. 325. DEFINITIONS. 

9 In this title: 

10 (1) ADMINISTRATION.—The term ‘‘Administra11 tion’’ means the Federal Aviation Administration. 

12 (2) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of the Federal Avia14 tion Administration. 

15 (3) NEXTGEN.—The term ‘‘NextGen’’ means the 

16 Next Generation Air Transportation System. 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Transportation. 

19 TITLE IV—AIRLINE SERVICE AND 

20 SMALL COMMUNITY AIR SERV21 ICE IMPROVEMENTS 

22 SUBTITLE A—CONSUMER PROTECTION 

23 SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT. 

24 (a) IN GENERAL.—Chapter 417 is amended by adding 

25 at the end the following: 


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1 ‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE 

2 ‘‘§ 41781. Air carrier and airport contingency plans 

3 for long on-board tarmac delays 

4 ‘‘(a) DEFINITION OF TARMAC DELAY.—The term 

5 ‘tarmac delay’ means the holding of an aircraft on the 

6 ground before taking off or after landing with no oppor7 tunity for its passengers to deplane. 

8 ‘‘(b) SUBMISSION OF AIR CARRIER AND AIRPORT

9 PLANS.—Not later than 60 days after the date of the enact10 ment of the FAA Air Transportation Modernization and 

11 Safety Improvement Act, each air carrier and airport oper12 ator shall submit, in accordance with the requirements 

13 under this section, a proposed contingency plan to the Sec14 retary of Transportation for review and approval. 

15 ‘‘(c) MINIMUM STANDARDS.—The Secretary of Trans16 portation shall establish minimum standards for elements 

17 in contingency plans required to be submitted under this 

18 section to ensure that such plans effectively address long on19 board tarmac delays and provide for the health and safety 

20 of passengers and crew. 

21 ‘‘(d) AIR CARRIER PLANS.—The plan shall require 

22 each air carrier to implement at a minimum the following: 

23 ‘‘(1) PROVISION OF ESSENTIAL SERVICES.—Each 

24 air carrier shall provide for the essential needs of pas25 sengers on board an aircraft at an airport in any 


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1 case in which the departure of a flight is delayed or 

2 disembarkation of passengers on an arriving flight 

3 that has landed is substantially delayed, including— 

4 ‘‘(A) adequate food and potable water; 

5 ‘‘(B) adequate restroom facilities; 

6 ‘‘(C) cabin ventilation and comfortable 

7 cabin temperatures; and 

8 ‘‘(D) access to necessary medical treatment. 

9 ‘‘(2) RIGHT TO DEPLANE.— 

10 ‘‘(A) IN GENERAL.—Each air carrier shall 

11 submit a proposed contingency plan to the Sec12 retary of Transportation that identifies a clear 

13 time frame under which passengers would be 

14 permitted to deplane a delayed aircraft. After the 

15 Secretary has reviewed and approved the pro16 posed plan, the air carrier shall make the plan 

17 available to the public. 

18 ‘‘(B) DELAYS.— 

19 ‘‘(i) IN GENERAL.—As part of the 

20 plan, except as provided under clause (iii), 

21 an air carrier shall provide passengers with 

22 the option of deplaning and returning to the 

23 terminal at which such deplaning could be 

24 safely completed, or deplaning at the ter25 minal if— 


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1 ‘‘(I) 3 hours have elapsed after 

2 passengers have boarded the aircraft, 

3 the aircraft doors are closed, and the 

4 aircraft has not departed; or 

5 ‘‘(II) 3 hours have elapsed after 

6 the aircraft has landed and the pas7 sengers on the aircraft have been un8 able to deplane. 

9 ‘‘(ii) FREQUENCY.—The option de10 scribed in clause (i) shall be offered to pas11 sengers at a minimum not less often than 

12 once during each successive 3-hour period 

13 that the plane remains on the ground. 

14 ‘‘(iii) EXCEPTIONS.—This subpara15 graph shall not apply if— 

16 ‘‘(I) the pilot of such aircraft rea17 sonably determines that the aircraft 

18 will depart or be unloaded at the ter19 minal not later than 30 minutes after 

20 the 3 hour delay; or 

21 ‘‘(II) the pilot of such aircraft 

22 reasonably determines that permitting 

23 a passenger to deplane would jeop24 ardize passenger safety or security. 


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1 ‘‘(C) APPLICATION TO DIVERTED

2 FLIGHTS.—This section applies to aircraft with3 out regard to whether they have been diverted to 

4 an airport other than the original destination. 

5 ‘‘(D) REPORTS.—Not later than 30 days 

6 after any flight experiences a tarmac delay last7 ing at least 3 hours, the air carrier responsible 

8 for such flight shall submit a written description 

9 of the incident and its resolution to the Aviation 

10 Consumer Protection Office of the Department of 

11 Transportation. 

12 ‘‘(e) AIRPORT PLANS.—Each airport operator shall 

13 submit a proposed contingency plan under subsection (b) 

14 that contains a description of— 

15 ‘‘(1) how the airport operator will provide for 

16 the deplanement of passengers following a long 

17 tarmac delay; and 

18 ‘‘(2) how, to the maximum extent practicable, the 

19 airport operator will provide for the sharing of facili20 ties and make gates available at the airport for use 

21 by aircraft experiencing such delays. 

22 ‘‘(f) UPDATES.—The Secretary shall require periodic 

23 reviews and updates of the plans as necessary. 

24 ‘‘(g) APPROVAL.— 


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1 ‘‘(1) IN GENERAL.—Not later than 6 months 

2 after the date of the enactment of this section, the Sec3 retary of Transportation shall— 

4 ‘‘(A) review the initial contingency plans 

5 submitted under subsection (b); and 

6 ‘‘(B) approve plans that closely adhere to 

7 the standards described in subsections (d) or (e), 

8 whichever is applicable. 

9 ‘‘(2) UPDATES.—Not later than 60 days after the 

10 submission of an update under subsection (f) or an 

11 initial contingency plan by a new air carrier or air12 port, the Secretary shall— 

13 ‘‘(A) review the plan; and 

14 ‘‘(B) approve the plan if it closely adheres 

15 to the standards described in subsections (d) or 

16 (e), whichever is applicable. 

17 ‘‘(h) CIVIL PENALTIES.—The Secretary may assess a 

18 civil penalty under section 46301 against any air carrier 

19 or airport operator that does not submit, obtain approval 

20 of, or adhere to a contingency plan submitted under this 

21 section. 

22 ‘‘(i) PUBLIC ACCESS.—Each air carrier and airport 

23 operator required to submit a contingency plan under this 

24 section shall ensure public access to an approved plan under 

25 this section by— 


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1 ‘‘(1) including the plan on the Internet Web site 

2 of the carrier or airport; or 

3 ‘‘(2) disseminating the plan by other means, as 

4 determined by the Secretary. 

5 ‘‘§ 41782. Air passenger complaints hotline and infor6 mation 

7 ‘‘(a) AIR PASSENGER COMPLAINTS HOTLINE TELE8 PHONE NUMBER.—The Secretary of Transportation shall 

9 establish a consumer complaints hotline telephone number 

10 for the use of air passengers. 

11 ‘‘(b) PUBLIC NOTICE.—The Secretary shall notify the 

12 public of the telephone number established under subsection 

13 (a). 

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated such sums as may be nec16 essary to carry out this section, which sums shall remain 

17 available until expended.’’. 

18 (b) CONFORMING AMENDMENT.—The table of contents 

19 for chapter 417 is amended by adding at the end the fol20 lowing: 

‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE

‘‘41781. Air carrier and airport contingency plans for long on-board tarmac 

delays. 

‘‘41782. Air passenger complaints hotline and information.’’. 


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1 SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND 

2 FLIGHT DELAY HISTORY. 

3 (a) IN GENERAL.—Section 41722 is amended by add4 ing at the end the following: 

5 ‘‘(f) CHRONICALLY DELAYED FLIGHTS.— 

6 ‘‘(1) PUBLICATION OF LIST OF FLIGHTS.—Each 

7 air carrier holding a certificate issued under section 

8 41102 that conducts scheduled passenger air transpor9 tation shall, on a monthly basis— 

10 ‘‘(A) publish and update on the Internet 

11 website of the air carrier a list of chronically de12 layed flights operated by such air carrier; and 

13 ‘‘(B) share such list with each entity that is 

14 authorized to book passenger air transportation 

15 for such air carrier for inclusion on the Internet 

16 website of such entity. 

17 ‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR18 CHASING TICKETS.—For each individual who books 

19 passenger air transportation on the Internet website 

20 of an air carrier, or the Internet website of an entity 

21 that is authorized to book passenger air transpor22 tation for an air carrier, for any flight for which 

23 data is reported to the Department of Transportation 

24 under part 234 of title 14, Code of Federal Regula25 tions, such air carrier or entity, as the case may be, 


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1 shall prominently disclose to such individual, before 

2 such individual makes such booking, the following: 

3 ‘‘(A) The on-time performance for the flight 

4 if the flight is a chronically delayed flight. 

5 ‘‘(B) The cancellation rate for the flight if 

6 the flight is a chronically canceled flight. 

7 ‘‘(3) DEFINITIONS.—In this subsection: 

8 ‘‘(A) CHRONICALLY DELAYED FLIGHT.—The 

9 term ‘chronically delayed flight’ means a regu10 larly scheduled flight that has failed to arrive on 

11 time (as such term is defined in section 234.2 of 

12 title 14, Code of Federal Regulations) at least 40 

13 percent of the time during the most recent 3- 

14 month period for which data is available. 

15 ‘‘(B) CHRONICALLY CANCELED FLIGHT.— 

16 The term ‘chronically canceled flight’ means a 

17 regularly scheduled flight at least 30 percent of 

18 the departures of which have been canceled dur19 ing the most recent 3-month period for which 

20 data is available.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by sub22 section (a) shall take effect 180 days after the date of enact23 ment of this Act. 


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1 SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COM2 PLAINT INVESTIGATIONS. 

3 (a) IN GENERAL.—Subject to the availability of appro4 priations, the Secretary of Transportation shall investigate 

5 consumer complaints regarding— 

6 (1) flight cancellations; 

7 (2) compliance with Federal regulations con8 cerning overbooking seats flights; 

9 (3) lost, damaged, or delayed baggage, and dif10 ficulties with related airline claims procedures; 

11 (4) problems in obtaining refunds for unused or 

12 lost tickets or fare adjustments; 

13 (5) incorrect or incomplete information about 

14 fares, discount fare conditions and availability, over15 charges, and fare increases; 

16 (6) the rights of passengers who hold frequent 

17 flier miles, or equivalent redeemable awards earned 

18 through customer-loyalty programs; and 

19 (7) deceptive or misleading advertising. 

20 (b) BUDGET NEEDS REPORT.—The Secretary shall 

21 provide, as an annex to its annual budget request, an esti22 mate of resources which would have been sufficient to inves23 tigate all such claims the Department of Transportation re24 ceived in the previous fiscal year. The annex shall be trans25 mitted to the Congress when the President submits the budgVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 et of the United States to the Congress under section 1105 

2 of title 31, United States Code. 

3 SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 

4 AVIATION CONSUMER PROTECTION. 

5 (a) IN GENERAL.—The Secretary of Transportation 

6 shall establish an advisory committee for aviation consumer 

7 protection to advise the Secretary in carrying out airline 

8 customer service improvements, including those required by 

9 subchapter IV of chapter 417 of title 49, United States Code. 

10 (b) MEMBERSHIP.—The Secretary shall appoint mem11 bers of the advisory committee comprised of one representa12 tive each of— 

13 (1) air carriers; 

14 (2) airport operators; 

15 (3) State or local governments who has expertise 

16 in consumer protection matters; and 

17 (4) a nonprofit public interest group who has ex18 pertise in consumer protection matters. 

19 (c) VACANCIES.—A vacancy in the advisory committee 

20 shall be filled in the manner in which the original appoint21 ment was made. 

22 (d) TRAVEL EXPENSES.—Members of the advisory 

23 committee shall serve without pay but shall receive travel 

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1 cordance with subchapter I of chapter 57 of title 5, United 

2 States Code. 

3 (e) CHAIRPERSON.—The Secretary shall designate, 

4 from among the individuals appointed under subsection (b), 

5 an individual to serve as chairperson of the advisory com6 mittee. 

7 (f) DUTIES.—The duties of the advisory committee 

8 shall include— 

9 (1) evaluating existing aviation consumer protec10 tion programs and providing recommendations for 

11 the improvement of such programs, if needed; and 

12 (2) providing recommendations to establish addi13 tional aviation consumer protection programs, if 

14 needed. 

15 (g) REPORT.—Not later than February 1 of each of 

16 the first 2 calendar years beginning after the date of enact17 ment of this Act, the Secretary shall transmit to Congress 

18 a report containing— 

19 (1) the recommendations made by the advisory 

20 committee during the preceding calendar year; and 

21 (2) an explanation of how the Secretary has im22 plemented each recommendation and, for each rec23 ommendation not implemented, the Secretary’s reason 

24 for not implementing the recommendation. 


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1 SEC. 405. DISCLOSURE OF PASSENGER FEES. 

2 (a) IN GENERAL.—Within 180 days after the date of 

3 enactment of this Act, the Secretary of Transportation shall 

4 complete a rulemaking that requires each air carrier oper5 ating in the United States under part 121 of title 49, Code 

6 of Federal Regulations, to make available to the public and 

7 to the Secretary a list of all passenger fees and charges 

8 (other than airfare) that may be imposed by the air carrier, 

9 including fees for— 

10 (1) checked baggage or oversized or heavy bag11 gage; 

12 (2) meals, beverages, or other refreshments; 

13 (3) seats in exit rows, seats with additional 

14 space, or other preferred seats in any given class of 

15 travel; 

16 (4) purchasing tickets from an airline ticket 

17 agent or a travel agency; or 

18 (5) any other good, service, or amenity provided 

19 by the air carrier, as required by the Secretary. 

20 (b) PUBLICATION; UPDATES.—In order to ensure that 

21 the fee information required by subsection (a) is both cur22 rent and widely available to the travelling public, the Sec23 retary— 

24 (1) may require an air carrier to make such in25 formation on any public website maintained by an 

26 air carrier, to make such information available to 


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1 travel agencies, and to notify passengers of the avail2 ability of such information when advertising airfares; 

3 and 

4 (2) shall require air carriers to update the infor5 mation as necessary, but no less frequently than every 

6 90 days unless there has been no increase in the 

7 amount or type of fees shown in the most recent pub8 lication. 

9 SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL 

10 COMMUNITIES 

11 SEC. 411. EAS CONNECTIVITY PROGRAM. 

12 Section 406(a) of the Vision 100—Century of Aviation 

13 Reauthorization Act (49 U.S.C. 40101 note) is amended by 

14 striking ‘‘may’’ and inserting ‘‘shall’’. 

15 SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING 

16 MILEAGE ADJUSTMENT ELIGIBILITY. 

17 Section 409(d) of the Vision 100—Century of Aviation 

18 Reauthorization Act (49 U.S.C. 40101 note) is amended by 

19 striking ‘‘September 30, 2007.’’ and inserting ‘‘September 

20 30, 2011.’’. 

21 SEC. 413. EAS CONTRACT GUIDELINES. 

22 Section 41737(a)(1) is amended— 

23 (1) by striking ‘‘and’’ after the semicolon in sub24 paragraph (B); 


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1 (2) by striking ‘‘provided.’’ in subparagraph (C) 

2 and inserting ‘‘provided;’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(D) include provisions under which the Sec5 retary may encourage carriers to improve air service 

6 to small and rural communities by incorporating fi7 nancial incentives in essential air service contracts 

8 based on specified performance goals; and 

9 ‘‘(E) include provisions under which the Sec10 retary may execute long-term essential air service 

11 contracts to encourage carriers to provide air service 

12 to small and rural communities where it would be in 

13 the public interest to do so.’’. 

14 SEC. 414. CONVERSION OF FORMER EAS AIRPORTS. 

15 (a) IN GENERAL.—Section 41745 is amended— 

16 (1) by redesignating subsections (c) through (g) 

17 as subsections (d) through (h), respectively; and 

18 (2) by inserting after subsection (b) the fol19 lowing: 

20 ‘‘(c) CONVERSION OF LOST ELIGIBILITY AIRPORTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall establish 

22 a program to provide general aviation conversion 

23 funding for airports serving eligible places that the 

24 Secretary has determined no longer qualify for a sub25 sidy. 


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1 ‘‘(2) GRANTS.—A grant under this subsection— 

2 ‘‘(A) may not exceed twice the compensation 

3 paid to provide essential air service to the air4 port in the fiscal year preceding the fiscal year 

5 in which the Secretary determines that the place 

6 served by the airport is no longer an eligible 

7 place; and 

8 ‘‘(B) may be used— 

9 ‘‘(i) for airport development (as de10 fined in section 47102(3)) that will enhance 

11 general aviation capacity at the airport; 

12 ‘‘(ii) to defray operating expenses, if 

13 such use is approved by the Secretary; or 

14 ‘‘(iii) to develop innovative air service 

15 options, such as on-demand or air taxi op16 erations, if such use is approved by the Sec17 retary. 

18 ‘‘(3) AIP REQUIREMENTS.—An airport sponsor 

19 that uses funds provided under this subsection for an 

20 airport development project shall comply with the re21 quirements of subchapter I of chapter 471 applicable 

22 to airport development projects funded under that 

23 subchapter with respect to the project funded under 

24 this subsection. 


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1 ‘‘(4) LIMITATION.—The sponsor of an airport re2 ceiving funding under this subsection is not eligible 

3 for funding under section 41736.’’. 

4 (b) CONFORMING AMENDMENT.—Section 41745(f), as 

5 redesignated, is amended— 

6 (1) by striking ‘‘An eligible place’’ and inserting 

7 ‘‘Neither an eligible place, nor a place to which sub8 section (c) applies,’’; and 

9 (2) by striking ‘‘not’’. 

10 SEC. 415. EAS REFORM. 

11 Section 41742(a) is amended— 

12 (1) by adding at the end of paragraph (1) ‘‘Any 

13 amount in excess of $50,000,000 credited for any fis14 cal year to the account established under section 

15 45303(c) shall be obligated for programs under section 

16 406 of the Vision 100—Century of Aviation Reau17 thorization Act (49 U.S.C. 40101 note) and section 

18 41745 of this title. Amounts appropriated pursuant to 

19 this section shall remain available until expended.’’; 

20 and 

21 (2) by striking ‘‘$77,000,000’’ in paragraph (2) 

22 and inserting ‘‘$125,000,000’’. 

23 SEC. 416. SMALL COMMUNITY AIR SERVICE. 

24 (a) PRIORITIES.—Section 41743(c)(5) is amended— 


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1 (1) by striking ‘‘and’’ after the semicolon in sub2 paragraph (D); 

3 (2) by striking ‘‘fashion.’’ in subparagraph (E) 

4 and inserting ‘‘fashion; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(F) multiple communities cooperate to sub7 mit a region or multistate application to im8 prove air service.’’. 

9 (b) EXTENSION OF AUTHORIZATION.—Section 

10 41743(e)(2) is amended— 

11 (1) by striking ‘‘is appropriated’’ and inserting 

12 ‘‘are appropriated’’; and 

13 (2) by striking ‘‘2009’’ and inserting ‘‘2011’’. 

14 SEC. 417. EAS MARKETING. 

15 The Secretary of Transportation shall require all ap16 plications to provide service under subchapter II of chapter 

17 417 of title 49, United States Code, include a marketing 

18 plan. 

19 SEC. 418. RURAL AVIATION IMPROVEMENT. 

20 (a) COMMUNITIES ABOVE PER PASSENGER SUBSIDY

21 CAP.— 

22 (1) IN GENERAL.—Subchapter II of chapter 417 

23 is amended by adding at the end the following: 


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1 ‘‘§ 41749. Essential air service for eligible places above 

2 per passenger subsidy cap 

3 ‘‘(a) PROPOSALS.—A State or local government may 

4 submit a proposal to the Secretary of Transportation for 

5 compensation for an air carrier to provide air transpor6 tation to a place described in subsection (b). 

7 ‘‘(b) PLACE DESCRIBED.—A place described in this 

8 subsection is a place— 

9 ‘‘(1) that is otherwise an eligible place; and 

10 ‘‘(2) for which the per passenger subsidy exceeds 

11 the dollar amount allowable under this subchapter. 

12 ‘‘(c) DECISIONS.—Not later than 90 days after receiv13 ing a proposal under subsection (a) for compensation for 

14 an air carrier to provide air transportation to a place de15 scribed in subsection (b), the Secretary shall— 

16 ‘‘(1) decide whether to provide compensation for 

17 the air carrier to provide air transportation to the 

18 place; and 

19 ‘‘(2) approve the proposal if the State or local 

20 government or a person is willing and able to pay the 

21 difference between— 

22 ‘‘(A) the per passenger subsidy; and 

23 ‘‘(B) the dollar amount allowable for such 

24 subsidy under this subchapter. 

25 ‘‘(d) COMPENSATION PAYMENTS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall pay 

2 compensation under this section at such time and in 

3 such manner as the Secretary determines is appro4 priate. 

5 ‘‘(2) DURATION OF PAYMENTS.—The Secretary 

6 shall continue to pay compensation under this section 

7 only as long as— 

8 ‘‘(A) the State or local government or per9 son agreeing to pay compensation under sub10 section (c)(2) continues to pay such compensa11 tion; and 

12 ‘‘(B) the Secretary decides the compensation 

13 is necessary to maintain air transportation to 

14 the place. 

15 ‘‘(e) REVIEW.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall periodi17 cally review the type and level of air service provided 

18 under this section. 

19 ‘‘(2) CONSULTATION.—The Secretary may make 

20 appropriate adjustments in the type and level of air 

21 service to a place under this section based on the re22 view under paragraph (1) and consultation with the 

23 affected community and the State or local government 

24 or person agreeing to pay compensation under sub25 section (c)(2). 


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1 ‘‘(f) ENDING, SUSPENDING, AND REDUCING AIR

2 TRANSPORTATION.—An air carrier providing air transpor3 tation to a place under this section may end, suspend, or 

4 reduce such air transportation if, not later than 30 days 

5 before ending, suspending, or reducing such air transpor6 tation, the air carrier provides notice of the intent of the 

7 air carrier to end, suspend, or reduce such air transpor8 tation to— 

9 ‘‘(1) the Secretary; 

10 ‘‘(2) the affected community; and 

11 ‘‘(3) the State or local government or person 

12 agreeing to pay compensation under subsection 

13 (c)(2).’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents for chapter 417 is amended by adding after the 

16 item relating to section 41748 the following new item: 

‘‘41749. Essential air service for eligible places above per passenger subsidy cap.’’. 

17 (b) PREFERRED ESSENTIAL AIR SERVICE.— 

18 (1) IN GENERAL.—Subchapter II of chapter 417, 

19 as amended by subsection (a), is further amended by 

20 adding after section 41749 the following: 

21 ‘‘§ 41750. Preferred essential air service 

22 ‘‘(a) PROPOSALS.—A State or local government may 

23 submit a proposal to the Secretary of Transportation for 

24 compensation for a preferred air carrier described in sub25 section (b) to provide air transportation to an eligible place. 


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1 ‘‘(b) PREFERRED AIR CARRIER DESCRIBED.—A pre2 ferred air carrier described in this subsection is an air car3 rier that— 

4 ‘‘(1) submits an application under section 

5 41733(c) to provide air transportation to an eligible 

6 place; 

7 ‘‘(2) is not the air carrier that submits the lowest 

8 cost bid to provide air transportation to the eligible 

9 place; and 

10 ‘‘(3) is an air carrier that the affected commu11 nity prefers to provide air transportation to the eligi12 ble place instead of the air carrier that submits the 

13 lowest cost bid. 

14 ‘‘(c) DECISIONS.—Not later than 90 days after receiv15 ing a proposal under subsection (a) for compensation for 

16 a preferred air carrier described in subsection (b) to provide 

17 air transportation to an eligible place, the Secretary shall— 

18 ‘‘(1) decide whether to provide compensation for 

19 the preferred air carrier to provide air transportation 

20 to the eligible place; and 

21 ‘‘(2) approve the proposal if the State or local 

22 government or a person is willing and able to pay the 

23 difference between— 

24 ‘‘(A) the rate of compensation the Secretary 

25 would provide to the air carrier that submits the 


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1 lowest cost bid to provide air transportation to 

2 the eligible place; and 

3 ‘‘(B) the rate of compensation the preferred 

4 air carrier estimates to be necessary to provide 

5 air transportation to the eligible place. 

6 ‘‘(d) COMPENSATION PAYMENTS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall pay 

8 compensation under this section at such time and in 

9 such manner as the Secretary determines is appro10 priate. 

11 ‘‘(2) DURATION OF PAYMENTS.—The Secretary 

12 shall continue to pay compensation under this section 

13 only as long as— 

14 ‘‘(A) the State or local government or per15 son agreeing to pay compensation under sub16 section (c)(2) continues to pay such compensa17 tion; and 

18 ‘‘(B) the Secretary decides the compensation 

19 is necessary to maintain air transportation to 

20 the eligible place. 

21 ‘‘(e) REVIEW.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall periodi23 cally review the type and level of air service provided 

24 under this section. 


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1 ‘‘(2) CONSULTATION.—The Secretary may make 

2 appropriate adjustments in the type and level of air 

3 service to an eligible place under this section based on 

4 the review under paragraph (1) and consultation 

5 with the affected community and the State or local 

6 government or person agreeing to pay compensation 

7 under subsection (c)(2). 

8 ‘‘(f) ENDING, SUSPENDING, AND REDUCING AIR

9 TRANSPORTATION.—A preferred air carrier providing air 

10 transportation to an eligible place under this section may 

11 end, suspend, or reduce such air transportation if, not later 

12 than 30 days before ending, suspending, or reducing such 

13 air transportation, the preferred air carrier provides notice 

14 of the intent of the preferred air carrier to end, suspend, 

15 or reduce such air transportation to— 

16 ‘‘(1) the Secretary; 

17 ‘‘(2) the affected community; and 

18 ‘‘(3) the State or local government or person 

19 agreeing to pay compensation under subsection 

20 (c)(2).’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents for chapter 417, as amended by subsection (a), 

23 is further amended by adding after the item relating 

24 to section 41749 the following new item: 

‘‘41750. Preferred essential air service.’’. 


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1 (c) RESTORATION OF ELIGIBILITY TO A PLACE DETER2 MINED BY THE SECRETARY TO BE INELIGIBLE FOR SUB3 SIDIZED ESSENTIAL AIR SERVICE.—Section 41733 is 

4 amended by adding at the end the following: 

5 ‘‘(f) RESTORATION OF ELIGIBILITY FOR SUBSIDIZED

6 ESSENTIAL AIR SERVICE.— 

7 ‘‘(1) IN GENERAL.—If the Secretary of Transpor8 tation terminates the eligibility of an otherwise eligi9 ble place to receive basic essential air service by an 

10 air carrier for compensation under subsection (c), a 

11 State or local government may submit to the Sec12 retary a proposal for restoring such eligibility. 

13 ‘‘(2) DETERMINATION BY SECRETARY.—If the per 

14 passenger subsidy required by the proposal submitted 

15 by a State or local government under paragraph (1) 

16 does not exceed the per passenger subsidy cap pro17 vided under this subchapter, the Secretary shall issue 

18 an order restoring the eligibility of the otherwise eligi19 ble place to receive basic essential air service by an 

20 air carrier for compensation under subsection (c).’’. 

21 (d) OFFICE OF RURAL AVIATION.— 

22 (1) ESTABLISHMENT.—There is established with23 in the Office of the Secretary of Transportation the 

24 Office of Rural Aviation. 

25 (e) FUNCTIONS.—The functions of the Office are— 


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1 (1) to develop a uniform 4-year contract for air 

2 carriers providing essential air service to commu3 nities under subchapter II of chapter 417 of title 49, 

4 United States Code; 

5 (2) to develop a mechanism for comparing appli6 cations submitted by air carriers under section 

7 41733(c) to provide essential air service to commu8 nities, including comparing— 

9 (A) estimates from air carriers on— 

10 (i) the cost of providing essential air 

11 service; and 

12 (ii) the revenues air carriers expect to 

13 receive when providing essential air service; 

14 and 

15 (B) estimated schedules for air transpor16 tation; and 

17 (3) to select an air carrier from among air car18 riers applying to provide essential air service, based 

19 on the criteria described in paragraph (2). 

20 (f) EXTENSION OF AUTHORITY TO MAKE AGREE21 MENTS UNDER THE ESSENTIAL AIR SERVICE PROGRAM.— 

22 Section 41743(e)(2) is amended by striking ‘‘2009’’ and in23 serting ‘‘2011’’. 


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1 (g) ADJUSTMENTS TO COMPENSATION FOR SIGNIFI2 CANTLY INCREASED COSTS.—Section 41737 is amended by 

3 adding at the end thereof the following: 

4 ‘‘(f) FUEL COST SUBSIDY DISREGARD.—Any amount 

5 provided as an adjustment in compensation pursuant to 

6 subsection (a)(1)(D) shall be disregarded for the purpose of 

7 determining whether the amount of compensation provided 

8 under this subchapter with respect to an eligible place ex9 ceeds the per passenger subsidy exceeds the dollar amount 

10 allowable under this subchapter.’’. 

11 SUBTITLE C—MISCELLANEOUS 

12 SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 

13 (a) IN GENERAL.—Section 47129 is amended— 

14 (1) by striking the section heading and inserting 

15 the following: 

16 ‘‘§ 47129. Resolution of airport-air carrier and foreign 

17 air carrier disputes concerning airport 

18 fees’’ ; 

19 (2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

20 after ‘‘CARRIER’’ in the heading for subsection (d); 

21 (3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 

22 after ‘‘CARRIER’’ in the heading for subsection (d)(2); 

23 (4) by striking ‘‘air carrier’’ each place it ap24 pears and inserting ‘‘air carrier or foreign air car25 rier’’; 


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1 (5) by striking ‘‘air carrier’s’’ each place it ap2 pears and inserting ‘‘air carrier’s or foreign air car3 rier’s’’; 

4 (6) by striking ‘‘air carriers’’ and inserting ‘‘air 

5 carriers or foreign air carriers’’; and 

6 (7) by striking ‘‘(as defined in section 40102 of 

7 this title)’’ in subsection (a) and inserting ‘‘(as those 

8 terms are defined in section 40102 of this title)’’. 

9 (b) CONFORMING AMENDMENT.—The table of contents 

10 for chapter 471 is amended by striking the item relating 

11 to section 47129 and inserting the following: 

‘‘47129. Resolution of airport-air carrier and foreign air carrier disputes concerning airport fees.’’. 

12 SEC. 432. CONTRACT TOWER PROGRAM. 

13 (a) COST-BENEFIT REQUIREMENT.—Section 

14 47124(b)(1) is amended— 

15 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(B) If the Secretary determines that a tower already 

18 operating under this program has a benefit to cost ratio 

19 of less than 1.0, the airport sponsor or State or local govern20 ment having jurisdiction over the airport shall not be re21 quired to pay the portion of the costs that exceeds the benefit 

22 for a period of 18 months after such determination is made. 

23 ‘‘(C) If the Secretary finds that all or part of an 

24 amount made available to carry out the program continued 


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1 under this paragraph is not required during a fiscal year, 

2 the Secretary may use during such fiscal year the amount 

3 not so required to carry out the program established under 

4 paragraph (3) of this section.’’. 

5 (b) COSTS EXCEEDING BENEFITS.—Subparagraph 

6 (D) of section 47124(b)(3) is amended— 

7 (1) by striking ‘‘benefit.’’ and inserting ‘‘benefit, 

8 with the maximum allowable local cost share for FAA 

9 Part 139 certified airports capped at 20 percent for 

10 those airports with fewer than 50,000 annual pas11 senger enplanements.’’. 

12 (c) FUNDING.—Subparagraph (E) of section 

13 47124(b)(3) is amended— 

14 (1) by striking ‘‘and’’ after ‘‘2006,’’; and 

15 (2) by striking ‘‘2007’’ and inserting ‘‘2007, 

16 $9,500,000 for fiscal year 2010, and $10,000,000 for 

17 fiscal year 2011’’ after ‘‘2007,’’; and 

18 (3) by inserting after ‘‘paragraph.’’ the fol19 lowing: ‘‘If the Secretary finds that all or part of an 

20 amount made available under this subparagraph is 

21 not required during a fiscal year to carry out this 

22 paragraph, the Secretary may use during such fiscal 

23 year the amount not so required to carry out the pro24 gram continued under subsection (b)(1) of this sec25 tion.’’. 


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1 (d) FEDERAL SHARE.—Subparagraph (C) of section 

2 47124(b)(4) is amended by striking ‘‘$1,500,000.’’ and in3 serting ‘‘$2,000,000.’’. 

4 (e) SAFETY AUDITS.—Section 41724 is amended by 

5 adding at the end the following: 

6 ‘‘(c) SAFETY AUDITS.—The Secretary shall establish 

7 uniform standards and requirements for safety assessments 

8 of air traffic control towers that receive funding under this 

9 section in accordance with the Administration’s safety 

10 management system.’’. 

11 SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 

12 (a) FINDINGS.—The Congress finds that— 

13 (1) the Armed Forces is comprised of approxi14 mately 1,450,000 members who are stationed on ac15 tive duty at more than 6,000 military bases in 146 

16 different countries; 

17 (2) the United States is indebted to the members 

18 of the Armed Forces, many of whom are in grave 

19 danger due to their engagement in, or exposure to, 

20 combat; 

21 (3) military service, especially in the current 

22 war against terrorism, often requires members of the 

23 Armed Forces to be separated from their families on 

24 short notice, for long periods of time, and under very 

25 stressful conditions; 


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1 (4) the unique demands of military service often 

2 preclude members of the Armed Forces from pur3 chasing discounted advance airline tickets in order to 

4 visit their loved ones at home; and 

5 (5) it is the patriotic duty of the people of the 

6 United States to support the members of the Armed 

7 Forces who are defending the Nation’s interests 

8 around the world at great personal sacrifice. 

9 (b) SENSE OF CONGRESS.—It is the sense of Congress 

10 that each United States air carrier should— 

11 (1) establish for all members of the Armed Forces 

12 on active duty reduced air fares that are comparable 

13 to the lowest airfare for ticketed flights; and 

14 (2) offer flexible terms that allow members of the 

15 Armed Forces on active duty to purchase, modify, or 

16 cancel tickets without time restrictions, fees (includ17 ing baggage fees), ancillary costs, or penalties. 

18 TITLE V— SAFETY 

19 SUBTITLE A—AVIATION SAFETY 

20 SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN. 

21 Not later than December 31, 2009, the Administrator 

22 of the Federal Aviation Administration shall issue a plan 

23 to develop an installation and deployment schedule for sys24 tems the Administration is installing to alert controllers 

25 and flight crews to potential runway incursions. The plan 


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1 shall be integrated into the annual Federal Aviation Ad2 ministration NextGen Implementation Plan. 

3 SEC. 502. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER4 TIFICATES. 

5 (a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 

6 44703(d) is amended by adding at the end the following: 

7 ‘‘(3) JUDICIAL REVIEW.—A person substantially af8 fected by an order of the Board under this subsection, or 

9 the Administrator when the Administrator decides that an 

10 order of the Board will have a significant adverse impact 

11 on carrying out this part, may obtain judicial review of 

12 the order under section 46110 of this title. The Adminis13 trator shall be made a party to the judicial review pro14 ceedings. The findings of fact of the Board in any such case 

15 are conclusive if supported by substantial evidence.’’. 

16 (b) CONFORMING AMENDMENT.—Section 1153(c) is 

17 amended by striking ‘‘section 44709 or’’ and inserting ‘‘sec18 tion 44703(d), 44709, or’’. 

19 SEC. 503. RELEASE OF DATA RELATING TO ABANDONED 

20 TYPE CERTIFICATES AND SUPPLEMENTAL 

21 TYPE CERTIFICATES. 

22 Section 44704(a) is amended by adding at the end the 

23 following: 

24 ‘‘(5) RELEASE OF DATA.— 


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1 ‘‘(A) Notwithstanding any other provision of 

2 law, the Administrator may designate, without the 

3 consent of the owner of record, engineering data in 

4 the agency’s possession related to a type certificate or 

5 a supplemental type certificate for an aircraft, en6 gine, propeller or appliance as public data, and there7 fore releasable, upon request, to a person seeking to 

8 maintain the airworthiness of such product, if the Ad9 ministrator determines that— 

10 ‘‘(i) the certificate containing the requested 

11 data has been inactive for 3 years; 

12 ‘‘(ii) the owner of record, or the owner of 

13 record’s heir, of the type certificate or supple14 mental certificate has not been located despite a 

15 search of due diligence by the agency; and 

16 ‘‘(iii) the designation of such data as public 

17 data will enhance aviation safety. 

18 ‘‘(B) In this section, the term ‘engineering data’ 

19 means type design drawings and specifications for the 

20 entire product or change to the product, including the 

21 original design data, and any associated supplier 

22 data for individual parts or components approved as 

23 part of the particular aeronautical product certifi24 cate.’’. 


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1 SEC. 504. DESIGN ORGANIZATION CERTIFICATES. 

2 Section 44704(e) is amended— 

3 (1) by striking ‘‘Beginning 7 years after the date 

4 of enactment of this subsection,’’ in paragraph (1) 

5 and inserting ‘‘Effective January 1, 2013,’’; 

6 (2) by striking ‘‘testing’’ in paragraph (2) and 

7 inserting ‘‘production’’; and 

8 (3) by striking paragraph (3) and inserting the 

9 following: 

10 ‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DE11 SIGN ORGANIZATION CERTIFICATION.—The Adminis12 trator may rely on the Design Organization for cer13 tification of compliance under this section.’’. 

14 SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR 

15 DATABASE SYSTEMS. 

16 (a) IN GENERAL.—Chapter 401 is amended by adding 

17 at the end thereof the following: 

18 ‘‘§ 40130. FAA access to criminal history records or 

19 databases systems 

20 ‘‘(a) ACCESS TO RECORDS OR DATABASES SYS21 TEMS.— 

22 ‘‘(1) Notwithstanding section 534 of title 28 and 

23 the implementing regulations for such section (28 

24 C.F.R. part 20), the Administrator of the Federal 

25 Aviation Administration is authorized to access a 

26 system of documented criminal justice information 


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1 maintained by the Department of Justice or by a 

2 State but may do so only for the purpose of carrying 

3 out its civil and administrative responsibilities to 

4 protect the safety and security of the National Air5 space System or to support the missions of the De6 partment of Justice, the Department of Homeland Se7 curity, and other law enforcement agencies. The Ad8 ministrator shall be subject to the same conditions or 

9 procedures established by the Department of Justice 

10 or State for access to such an information system by 

11 other governmental agencies with access to the system. 

12 ‘‘(2) The Administrator may not use the access 

13 authorized under paragraph (1) to conduct criminal 

14 investigations. 

15 ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 

16 shall, by order, designate those employees of the Administra17 tion who shall carry out the authority described in sub18 section (a). Such designated employees may— 

19 ‘‘(1) have access to and receive criminal history, 

20 driver, vehicle, and other law enforcement informa21 tion contained in the law enforcement databases of the 

22 Department of Justice, or of any jurisdiction in a 

23 State in the same manner as a police officer employed 

24 by a State or local authority of that State who is cer25 tified or commissioned under the laws of that State; 


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1 ‘‘(2) use any radio, data link, or warning system 

2 of the Federal Government and of any jurisdiction in 

3 a State that provides information about wanted per4 sons, be-on-the-lookout notices, or warrant status or 

5 other officer safety information to which a police offi6 cer employed by a State or local authority in that 

7 State who is certified or commission under the laws 

8 of that State has access and in the same manner as 

9 such police officer; or 

10 ‘‘(3) receive Federal, State, or local government 

11 communications with a police officer employed by a 

12 State or local authority in that State in the same 

13 manner as a police officer employed by a State or 

14 local authority in that State who is commissioned 

15 under the laws of that State. 

16 ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE IN17 FORMATION DEFINED.—In this section the term ‘system of 

18 documented criminal justice information’ means any law 

19 enforcement databases, systems, or communications con20 taining information concerning identification, criminal 

21 history, arrests, convictions, arrest warrants, or wanted or 

22 missing persons, including the National Crime Information 

23 Center and its incorporated criminal history databases and 

24 the National Law Enforcement Telecommunications Sys25 tem.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of contents 

2 for chapter 401 is amended by inserting after the item relat3 ing to section 40129 the following: 

‘‘40130. FAA access to criminal history records or databases systems.’’. 

4 SEC. 506. FLIGHT CREW FATIGUE. 

5 (a) IN GENERAL.—Within 3 months after the date of 

6 enactment of this Act the Administrator of the Federal 

7 Aviation Administration shall conclude arrangements with 

8 the National Academy of Sciences for a study of pilot fa9 tigue. 

10 (b) STUDY.—The study shall include consideration 

11 of— 

12 (1) research on fatigue, sleep, and circadian 

13 rhythms; 

14 (2) sleep and rest requirements recommended by 

15 the National Transportation Safety Board; and 

16 (3) international standards. 

17 (c) REPORT.—Within 18 months after initiating the 

18 study, the National Academy shall submit a report to the 

19 Administrator containing its findings and recommenda20 tions, including recommendations with respect to Federal 

21 Aviation Regulations governing flight limitation and rest 

22 requirements. 

23 (d) RULEMAKING.—After the Administrator receives 

24 the National Academy’s report, the Federal Aviation Ad25 ministration shall consider the findings of the National 


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1 Academy in its rulemaking proceeding on flight time limi2 tations and rest requirements. 

3 (e) IMPLEMENTATION OF FLIGHT ATTENDANT FA4 TIGUE STUDY RECOMMENDATIONS.—Within 60 days after 

5 the date of enactment of this Act, the Administrator of the 

6 Federal Aviation Administration shall initiate a process to 

7 carry out the recommendations of the Civil Aerospace Med8 ical Institute study on flight attendant fatigue. 

9 SEC. 507. INCREASING SAFETY FOR HELICOPTER AND 

10 FIXED WING EMERGENCY MEDICAL SERVICE 

11 OPERATORS AND PATIENTS. 

12 (a) COMPLIANCE REGULATIONS.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), not later than 18 months after the date of 

15 enactment of this Act, helicopter and fixed wing air16 craft certificate holders providing emergency medical 

17 services shall comply with part 135 of title 14, Code 

18 of Federal Regulations, if there is a medical crew on 

19 board, without regard to whether there are patients on 

20 board. 

21 (2) EXCEPTION.—If a certificate holder described 

22 in paragraph (1) is operating under instrument flight 

23 rules or is carrying out training therefor— 


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1 (A) the weather minimums and duty and 

2 rest time regulations under such part 135 of such 

3 title shall apply; and 

4 (B) the weather reporting requirement at 

5 the destination shall not apply until such time 

6 as the Administrator of the Federal Aviation Ad7 ministration determines that portable, reliable, 

8 and accurate ground-based weather measuring 

9 and reporting systems are available. 

10 (b) IMPLEMENTATION OF FLIGHT RISK EVALUATION

11 PROGRAM.— 

12 (1) INITIATION.—Not later than 60 days after 

13 the date of enactment of this Act, the Administrator 

14 of the Federal Aviation Administration shall initiate 

15 a rulemaking— 

16 (A) to create a standardized checklist of risk 

17 evaluation factors based on Notice 8000.301, 

18 which was issued by the Administration on Au19 gust 1, 2005; and 

20 (B) to require helicopter and fixed wing 

21 aircraft emergency medical service operators to 

22 use the checklist created under subparagraph (A) 

23 to determine whether a mission should be accept24 ed. 


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1 (2) COMPLETION.—The rulemaking initiated 

2 under paragraph (1) shall be completed not later than 

3 18 months after it is initiated. 

4 (c) COMPREHENSIVE CONSISTENT FLIGHT DISPATCH

5 PROCEDURES.— 

6 (1) INITIATION.—Not later than 60 days after 

7 the date of enactment of this Act, the Administrator 

8 of the Federal Aviation Administration shall initiate 

9 a rulemaking— 

10 (A) to require that helicopter and fixed 

11 wing emergency medical service operators for12 malize and implement performance based flight 

13 dispatch and flight-following procedures; and 

14 (B) to develop a method to assess and en15 sure that such operators comply with the require16 ments described in subparagraph (A). 

17 (2) COMPLETION.—The rulemaking initiated 

18 under paragraph (1) shall be completed not later than 

19 18 months after it is initiated. 

20 (d) IMPROVING SITUATIONAL AWARENESS.—Within 1 

21 year after the date of enactment of this Act, any helicopter 

22 or fixed-wing aircraft used for emergency medical service 

23 shall have on board a device that performs the function of 

24 a terrain awareness and warning system and a means of 

25 displaying that information that meets the requirements of 


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1 the applicable Federal Aviation Administration Technical 

2 Standard Order or other guidance prescribed by the Admin3 istrator. 

4 (e) IMPROVING THE DATA AVAILABLE ON AIR MED5 ICAL OPERATIONS.— 

6 (1) IN GENERAL.—The Administrator of the Fed7 eral Aviation Administration shall require each cer8 tificate holder for helicopters and fixed-wing aircraft 

9 used for emergency medical service operations to re10 port not later than 1 year after the date of enactment 

11 of this Act and annually thereafter on— 

12 (A) the number of aircraft and helicopters 

13 used to provide air ambulance services, the reg14 istration number of each of these aircraft or heli15 copters, and the base location of each of these 

16 aircraft or helicopters; 

17 (B) the number of flights and hours flown 

18 by each such aircraft or helicopter used by the 

19 certificate holder to provide such services during 

20 the reporting period; 

21 (C) the number of flights and the purpose of 

22 each flight for each aircraft or helicopter used by 

23 the certificate holder to provide such services 

24 during the reporting period; 


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1 (D) the number of flight requests for a heli2 copter providing helicopter air ambulance serv3 ices that were accepted or declined by the certifi4 cate holder and the type of each such flight re5 quest (such as scene response, inter-facility 

6 transport, organ transport, or ferry or repo7 sitioning flight); 

8 (E) the number of accidents involving heli9 copters operated by the certificate holder while 

10 providing helicopter air ambulance services and 

11 a description of the accidents; 

12 (F) the number of flights and hours flown 

13 under instrument flight rules by helicopters oper14 ated by the certificate holder while providing hel15 icopter air ambulance services; 

16 (G) the time of day of each flight flown by 

17 helicopters operated by the certificate holder 

18 while providing helicopter air ambulance serv19 ices; and 

20 (H) The number of incidents where more 

21 helicopters arrive to transport patients than is 

22 needed in a flight request or scene response. 

23 (2) REPORT TO CONGRESS.—The Administrator 

24 of the Federal Aviation Administration shall report to 

25 Congress on the information received pursuant to 


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1 paragraph (1) of this subsection no later than 18 

2 months after the date of enactment of this Act. 

3 (f) IMPROVING THE DATA AVAILABLE TO NTSB IN4 VESTIGATORS AT CRASH SITES.— 

5 (1) STUDY.—Not later than 120 days after the 

6 date of enactment of this Act, the Administrator of the 

7 Federal Aviation Administration shall issue a report 

8 that indicates the availability, survivability, size, 

9 weight, and cost of devices that perform the function 

10 of recording voice communications and flight data in11 formation on existing and new helicopters and exist12 ing and new fixed wing aircraft used for emergency 

13 medical service operations. 

14 (2) RULEMAKING.—Not later than 1 year after 

15 the date of enactment of this Act, the Administrator 

16 of the Federal Aviation Administration shall issue 

17 regulations that require devices that perform the func18 tion of recording voice communications and flight 

19 data information on board aircraft described in para20 graph (1). 

21 SEC. 508. CABIN CREW COMMUNICATION. 

22 (a) IN GENERAL.—Section 44728 is amended— 

23 (1) by redesignating subsection (f) as subsection 

24 (g); and 

25 (2) by inserting after subsection (e) the following: 


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1 ‘‘(f) MINIMUM LANGUAGE SKILLS.— 

2 ‘‘(1) IN GENERAL.—No certificate holder may use 

3 any person to serve, nor may any person serve, as a 

4 flight attendant under this part, unless that person 

5 has demonstrated to an individual qualified to deter6 mine proficiency the ability to read, speak, and write 

7 English well enough to— 

8 ‘‘(A) read material written in English and 

9 comprehend the information; 

10 ‘‘(B) speak and understand English suffi11 ciently to provide direction to, and understand 

12 and answer questions from, English-speaking in13 dividuals; 

14 ‘‘(C) write incident reports and statements 

15 and log entries and statements; and 

16 ‘‘(D) carry out written and oral instruc17 tions regarding the proper performance of their 

18 duties. 

19 ‘‘(2) FOREIGN FLIGHTS.—The requirements of 

20 paragraph (1) do not apply to service as a flight at21 tendant serving solely between points outside the 

22 United States.’’. 

23 (b) ADMINISTRATION.—The Administrator of the Fed24 eral Aviation Administration shall work with certificate 

25 holders to which section 44728(f) of title 49, United States 


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1 Code, applies to facilitate compliance with the requirements 

2 of section 44728(f)(1) of that title. 

3 SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDER4 STANDING WITH OSHA. 

5 (a) IN GENERAL.—Within 6 months after the date of 

6 enactment of this Act, the Administrator of the Federal 

7 Aviation Administration shall— 

8 (1) establish milestones, in consultation with the 

9 Occupational Safety and Health Administration, 

10 through a report to Congress for the completion of 

11 work begun under the August 2000 memorandum of 

12 understanding between the 2 Administrations and to 

13 address issues needing further action in the Adminis14 trations’ joint report in December 2000; and 

15 (2) initiate development of a policy statement to 

16 set forth the circumstances in which Occupational 

17 Safety and Health Administration requirements may 

18 be applied to crewmembers while working in the air19 craft. 

20 (b) POLICY STATEMENT.—The policy statement to be 

21 developed under subsection (a)(2) shall be completed within 

22 18 months after the date of enactment of this Act and shall 

23 satisfy the following principles: 

24 (1) The establishment of a coordinating body 

25 similar to the Aviation Safety and Health Joint 


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1 Team established by the August 2000 memorandum of 

2 understanding that includes representatives des3 ignated by both Administrations— 

4 (A) to examine the applicability of current 

5 and future Occupational Safety and Health Ad6 ministration regulations; 

7 (B) to recommend policies for facilitating 

8 the training of Federal Aviation Administration 

9 inspectors; and 

10 (C) to make recommendations that will gov11 ern the inspection and enforcement of safety and 

12 health standards on board aircraft in operation 

13 and all work-related environments. 

14 (2) Any standards adopted by the Federal Avia15 tion Administration shall set forth clearly— 

16 (A) the circumstances under which an em17 ployer is required to take action to address occu18 pational safety and health hazards; 

19 (B) the measures required of an employer 

20 under the standard; and 

21 (C) the compliance obligations of an em22 ployer under the standard. 


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1 SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLE2 MENTATION OF REQUIRED NAVIGATION PER3 FORMANCE APPROACH PROCEDURES. 

4 (a) IN GENERAL.— 

5 (1) ANNUAL MINIMUM REQUIRED NAVIGATION

6 PERFORMANCE PROCEDURES.—The Administrator 

7 shall set a target of achieving a minimum of 200 Re8 quired Navigation Performance procedures each fiscal 

9 year through fiscal year 2012, with 25 percent of that 

10 target number meeting the low visibility approach 

11 criteria consistent with the NextGen Implementation 

12 Plan. 

13 (2) USE OF THIRD PARTIES.—The Adminis14 trator is authorized to provide third parties the abil15 ity to design, flight check, and implement Required 

16 Navigation Performance approach procedures. 

17 (b) DOT INSPECTOR GENERAL REVIEW OF OPER18 ATIONAL AND APPROACH PROCEDURES BY A THIRD

19 PARTY.— 

20 (1) REVIEW.—The Inspector General of the De21 partment of Transportation shall conduct a review re22 garding the effectiveness of the oversight activities 

23 conducted by the Administration in connection with 

24 any agreement with or delegation of authority to a 

25 third party for the development of flight procedures, 


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1 including public use procedures, for the National Air2 space System. 

3 (2) ASSESSMENTS.—The Inspector General shall 

4 include, at a minimum, in the review— 

5 (A) an assessment of the extent to which the 

6 Administration is relying or intends to rely on 

7 a third party for the development of new proce8 dures and a determination of whether the Ad9 ministration has established sufficient mecha10 nisms and staffing to provide safety oversight 

11 functions, which may include quality assurance 

12 processes, flight checks, integration of procedures 

13 into the National Aviation System, and oper14 ational assessments of procedures developed by 

15 third parties; and 

16 (B) an assessment regarding whether the 

17 Administration has sufficient existing personnel 

18 and technical resources or mechanisms to develop 

19 such flight procedures in a safe and efficient 

20 manner to meet the demands of the National 

21 Airspace System without the use of third party 

22 resources. 

23 (c) REPORT.—No later than 1 year after the date of 

24 enactment of this Act, the Inspector General shall submit 

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1 portation and the House of Representatives Committee on 

2 Transportation and Infrastructure a report on the results 

3 of the review conducted under this section. 

4 SEC. 511. IMPROVED SAFETY INFORMATION. 

5 Not later than December 31, 2009, the Administrator 

6 of the Federal Aviation Administration shall issue a final 

7 rule in docket No. FAA–2008–0188, Re-registration and 

8 Renewal of Aircraft Registration. The final rule shall in9 clude— 

10 (1) provision for the expiration of a certificate 

11 for an aircraft registered as of the date of enactment 

12 of this Act, with re-registration requirements for those 

13 aircraft that remain eligible for registration; 

14 (2) provision for the periodic expiration of all 

15 certificates issued after the effective date of the rule 

16 with a registration renewal process; and 

17 (3) other measures to promote the accuracy and 

18 efficient operation and value of the Administration’s 

19 aircraft registry. 

20 SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS 

21 IMPROVEMENTS. 

22 (a) IN GENERAL.—Within 180 days after the date of 

23 enactment of this Act, the Administrator of the Federal 

24 Aviation Administration shall— 


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1 (1) take such action as may be necessary to en2 sure that the Voluntary Disclosure Reporting Process 

3 requires inspectors— 

4 (A) to evaluate corrective action proposed 

5 by an air carrier with respect to a matter dis6 closed by that air carrier is sufficiently com7 prehensive in scope and application and applies 

8 to all affected aircraft operated by that air car9 rier before accepting the proposed voluntary dis10 closure; 

11 (B) to verify that corrective action so iden12 tified by an air carrier is completed within the 

13 timeframe proposed; and 

14 (C) to verify by inspection that the carrier’s 

15 corrective action adequately corrects the problem 

16 that was disclosed; and 

17 (2) establish a second level supervisory review of 

18 disclosures under the Voluntary Disclosure Reporting 

19 Process before any proposed disclosure is accepted and 

20 closed that will ensure that a matter disclosed by an 

21 air carrier— 

22 (A) has not been previously identified by a 

23 Federal Aviation Administration inspector; and 

24 (B) has not been previously disclosed by the 

25 carrier in the preceding 5 years. 


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1 (b) GAO STUDY.— 

2 (1) IN GENERAL.—The Comptroller General shall 

3 conduct a study of the Voluntary Disclosure Report4 ing Program. 

5 (2) REVIEW.—In conducting the study, the 

6 Comptroller General shall examine, at a minimum, 

7 whether— 

8 (A) there is evidence that voluntary disclo9 sure is resulting in regulated entities discovering 

10 and correcting violations to a greater extent than 

11 would otherwise occur if there was no program 

12 for immunity from enforcement action; 

13 (B) the voluntary disclosure program makes 

14 the Federal Aviation Administration aware of 

15 violations that it would not have discovered if 

16 there was not a program, and if a violation is 

17 disclosed voluntarily, whether the Administra18 tion insists on stronger corrective actions than 

19 would have occurred if the regulated entity knew 

20 of a violation, but the Administration did not; 

21 (C) the information the Administration gets 

22 under the program leads to fewer violations by 

23 other entities, either because the information 

24 leads other entities to look for similar violations 

25 or because the information leads Administration 


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1 investigators to look for similar violations at 

2 other entities; and 

3 (D) there is any evidence that voluntary 

4 disclosure has improved compliance with regula5 tions, either for the entities making disclosures or 

6 for the industry generally. 

7 (3) REPORT.—Not later than one year after the 

8 date of enactment of this Act, the Comptroller General 

9 shall submit a report to the Senate Committee on 

10 Commerce, Science, and Transportation and the 

11 House of Representatives Committee on Transpor12 tation and Infrastructure on the results of the study 

13 conducted under this subsection. 

14 SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPECTIONS. 

15 (a) IN GENERAL.—Section 44711 is amended by add16 ing at the end the following: 

17 ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT

18 STANDARDS INSPECTORS.— 

19 ‘‘(1) PROHIBITION.—A person holding an oper20 ating certificate issued under title 14, Code of Federal 

21 Regulations, may not knowingly employ, or make a 

22 contractual arrangement which permits, an indi23 vidual to act as an agent or representative of the cer24 tificate holder in any matter before the Federal AviaVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 tion Administration if the individual, in the pre2 ceding 3-year period— 

3 ‘‘(A) served as, or was responsible for over4 sight of, a flight standards inspector of the Ad5 ministration; and 

6 ‘‘(B) had responsibility to inspect, or over7 see inspection of, the operations of the certificate 

8 holder. 

9 ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 

10 For purposes of paragraph (1), an individual shall be 

11 considered to be acting as an agent or representative 

12 of a certificate holder in a matter before the Federal 

13 Aviation Administration if the individual makes any 

14 written or oral communication on behalf of the cer15 tificate holder to the Administration (or any of its of16 ficers or employees) in connection with a particular 

17 matter, whether or not involving a specific party and 

18 without regard to whether the individual has partici19 pated in, or had responsibility for, the particular 

20 matter while serving as a flight standards inspector 

21 of the Administration.’’. 

22 (b) APPLICABILITY.—The amendment made by sub23 section (a) shall not apply to an individual employed by 

24 a certificate holder as of the date of enactment of this Act. 


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1 SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES. 

2 Within 30 days after the date of enactment of this Act, 

3 the Comptroller General shall initiate a review and inves4 tigation of air safety issues identified by Federal Aviation 

5 Administration employees and reported to the Adminis6 trator. The Comptroller General shall report the Govern7 ment Accountability Office’s findings and recommendations 

8 to the Administrator, the Senate Committee on Commerce, 

9 Science, and Transportation, and the House of Representa10 tives Committee on Transportation and Infrastructure on 

11 an annual basis. 

12 SEC. 515. NATIONAL REVIEW TEAM. 

13 (a) IN GENERAL.—Within 180 days after the date of 

14 enactment of this Act, the Administrator of the Federal 

15 Aviation Administration shall establish a national review 

16 team within the Administration to conduct periodic, unan17 nounced, and random reviews of the Administration’s over18 sight of air carriers and report annually its findings and 

19 recommendations to the Administrator, the Senate Com20 merce, Science, and Transportation Committee, and the 

21 House of Representatives Committee on Transportation and 

22 Infrastructure. 

23 (b) LIMITATION.—The Administrator shall prohibit a 

24 member of the National Review Team from participating 

25 in any review or audit of an air carrier under subsection 

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1 specting, or overseeing the inspection of, the operations of 

2 that air carrier. 

3 (c) INSPECTOR GENERAL REPORTS.—The Inspector 

4 General of the Department of Transportation shall provide 

5 progress reports to the Senate Committee on Commerce, 

6 Science, and Transportation and the House of Representa7 tives Committee on Transportation and Infrastructure on 

8 the review teams and their effectiveness. 

9 (d) ADDITIONAL SAFETY INSPECTORS.—From 

10 amounts appropriated pursuant to section 106(k)(1) of title 

11 49, United States Code, the Administrator of the Federal 

12 Aviation Administration may hire a net increase of 200 

13 additional safety inspectors. 

14 SEC. 516. FAA ACADEMY IMPROVEMENTS. 

15 (a) REVIEW.—Within 1 year after the date of enact16 ment of this Act, the Administrator of the Federal Aviation 

17 Administration shall conduct a comprehensive review and 

18 evaluation of its Academy and facility training efforts. 

19 (b) FACILITY TRAINING PROGRAM.—The Adminis20 trator shall— 

21 (1) clarify responsibility for oversight and direc22 tion of the Academy’s facility training program at 

23 the national level; 

24 (2) communicate information concerning that re25 sponsibility to facility managers; and 


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1 (3) establish standards to identify the number of 

2 developmental controllers that can be accommodated 

3 at each facility, based on— 

4 (A) the number of available on-the-job5 training instructors; 

6 (B) available classroom space; 

7 (C) the number of available simulators; 

8 (D) training requirements; and 

9 (E) the number of recently placed new per10 sonnel already in training. 

11 SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPER12 ATIONAL ERRORS. 

13 (a) PLAN.—The Administrator of the Federal Aviation 

14 Administration shall develop a plan for the reduction of 

15 runway incursions by reviewing every commercial service 

16 airport (as defined in section 47102 of title 49, United 

17 States Code) in the United States and initiating action to 

18 improve airport lighting, provide better signage, and im19 prove runway and taxiway markings. 

20 (b) PROCESS.—Within 1 year after the date of enact21 ment of this Act, the Administrator of the Federal Aviation 

22 Administration shall develop a process for tracking and in23 vestigating operational errors and runway incursions that 

24 includes— 


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1 (1) identifying the office responsible for estab2 lishing regulations regarding operational errors and 

3 runway incursions; 

4 (2) identifying who is responsible for tracking 

5 and investigating operational errors and runway in6 cursions and taking remedial actions; 

7 (3) identifying who is responsible for tracking 

8 operational errors and runway incursions, including 

9 a process for lower level employees to report to higher 

10 supervisory levels; and 

11 (4) periodic random audits of the oversight proc12 ess. 

13 SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGA14 TION OFFICE. 

15 Section 106 is amended by adding at the end the fol16 lowing: 

17 ‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVESTIGA18 TION OFFICE.— 

19 ‘‘(1) ESTABLISHMENT.—There is established in 

20 the Administration an Aviation Safety Whistleblower 

21 Investigation Office. 

22 ‘‘(2) DIRECTOR.— 

23 ‘‘(A) APPOINTMENT.—The head of the Office 

24 shall be the Director, who shall be appointed by 

25 the Secretary of Transportation. 


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1 ‘‘(B) QUALIFICATIONS.—The Director shall 

2 have a demonstrated ability in investigations 

3 and knowledge of or experience in aviation. 

4 ‘‘(C) TERM.—The Director shall be ap5 pointed for a term of 5 years. 

6 ‘‘(D) VACANCY.—Any individual appointed 

7 to fill a vacancy in the position of the Director 

8 occurring before the expiration of the term for 

9 which the individual’s predecessor was appointed 

10 shall be appointed for the remainder of that 

11 term. 

12 ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 

13 ‘‘(A) AUTHORITY OF DIRECTOR.—The Di14 rector shall— 

15 ‘‘(i) receive complaints and informa16 tion submitted by employees of persons 

17 holding certificates issued under title 14, 

18 Code of Federal Regulations, and employees 

19 of the Administration concerning the pos20 sible existence of an activity relating to a 

21 violation of an order, regulation, or stand22 ard of the Administration or any other pro23 vision of Federal law relating to aviation 

24 safety; 


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1 ‘‘(ii) assess complaints and informa2 tion submitted under clause (i) and deter3 mine whether a substantial likelihood exists 

4 that a violation of an order, regulation, or 

5 standard of the Administration or any 

6 other provision of Federal law relating to 

7 aviation safety may have occurred; and 

8 ‘‘(iii) based on findings of the assess9 ment conducted under clause (ii), make rec10 ommendations to the Administrator in 

11 writing for further investigation or correc12 tive actions. 

13 ‘‘(B) DISCLOSURE OF IDENTITIES.—The Di14 rector shall not disclose the identity of an indi15 vidual who submits a complaint or information 

16 under subparagraph (A)(i) unless— 

17 ‘‘(i) the individual consents to the dis18 closure in writing; or 

19 ‘‘(ii) the Director determines, in the 

20 course of an investigation, that the disclo21 sure is unavoidable. 

22 ‘‘(C) INDEPENDENCE OF DIRECTOR.—The 

23 Secretary, the Administrator, or any officer or 

24 employee of the Administration may not prevent 

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1 rying out, or completing any assessment of a 

2 complaint or information submitted subpara3 graph (A)(i) or from reporting to Congress on 

4 any such assessment. 

5 ‘‘(D) ACCESS TO INFORMATION.—In con6 ducting an assessment of a complaint or infor7 mation submitted under subparagraph (A)(i), 

8 the Director shall have access to all records, re9 ports, audits, reviews, documents, papers, rec10 ommendations, and other material necessary to 

11 determine whether a substantial likelihood exists 

12 that a violation of an order, regulation, or 

13 standard of the Administration or any other pro14 vision of Federal law relating to aviation safety 

15 may have occurred. 

16 ‘‘(4) RESPONSES TO RECOMMENDATIONS.— 

17 The Administrator shall respond to a rec18 ommendation made by the Director under sub19 paragraph (A)(iii) in writing and retain records 

20 related to any further investigations or corrective 

21 actions taken in response to the recommendation. 

22 ‘‘(5) INCIDENT REPORTS.—If the Director deter23 mines there is a substantial likelihood that a viola24 tion of an order, regulation, or standard of the Ad25 ministration or any other provision of Federal law 


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1 relating to aviation safety may have occurred that re2 quires immediate corrective action, the Director shall 

3 report the potential violation expeditiously to the Ad4 ministrator and the Inspector General of the Depart5 ment of Transportation. 

6 ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO

7 INSPECTOR GENERAL.—If the Director has reasonable 

8 grounds to believe that there has been a violation of 

9 Federal criminal law, the Director shall report the 

10 violation expeditiously to the Inspector General. 

11 ‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not later 

12 than October 1 of each year, the Director shall submit 

13 to Congress a report containing— 

14 ‘‘(A) information on the number of submis15 sions of complaints and information received by 

16 the Director under paragraph (3)(A)(i) in the 

17 preceding 12-month period; 

18 ‘‘(B) summaries of those submissions; 

19 ‘‘(C) summaries of further investigations 

20 and corrective actions recommended in response 

21 to the submissions; and 

22 ‘‘(D) summaries of the responses of the Ad23 ministrator to such recommendations.’’. 


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1 SEC. 519. MODIFICATION OF CUSTOMER SERVICE INITIA2 TIVE. 

3 (a) MODIFICATION OF INITIATIVE.—Not later than 90 

4 days after the date of enactment of this Act, the Adminis5 trator of the Federal Aviation Administration shall modify 

6 the customer service initiative, mission and vision state7 ments, and other statements of policy of the Administra8 tion— 

9 (1) to remove any reference to air carriers or 

10 other entities regulated by the Administration as 

11 ‘‘customers’’; 

12 (2) to clarify that in regulating safety the only 

13 customers of the Administration are members of the 

14 traveling public; and 

15 (3) to clarify that air carriers and other entities 

16 regulated by the Administration do not have the right 

17 to select the employees of the Administration who will 

18 inspect their operations. 

19 (b) SAFETY PRIORITY.—In carrying out the Adminis20 trator’s responsibilities, the Administrator shall ensure that 

21 safety is given a higher priority than preventing the dis22 satisfaction of an air carrier or other entity regulated by 

23 the Administration with an employee of the Administra24 tion. 


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1 SEC. 520. HEADQUARTERS REVIEW OF AIR TRANSPOR2 TATION OVERSIGHT SYSTEM DATABASE. 

3 (a) REVIEWS.—The Administrator of the Federal 

4 Aviation Administration shall establish a process by which 

5 the air transportation oversight system database of the Ad6 ministration is reviewed by a team of employees of the 

7 Agency on a monthly basis to ensure that— 

8 (1) any trends in regulatory compliance are 

9 identified; and 

10 (2) appropriate corrective actions are taken in 

11 accordance with Agency regulations, advisory direc12 tives, policies, and procedures. 

13 (b) MONTHLY TEAM REPORTS.— 

14 (1) IN GENERAL.—The team of employees con15 ducting a monthly review of the air transportation 

16 oversight system database under subsection (a) shall 

17 submit to the Administrator, the Associate Adminis18 trator for Aviation Safety, and the Director of Flight 

19 Standards a report on the results of the review. 

20 (2) CONTENTS.—A report submitted under para21 graph (1) shall identify— 

22 (A) any trends in regulatory compliance 

23 discovered by the team of employees in con24 ducting the monthly review; and 

25 (B) any corrective actions taken or proposed 

26 to be taken in response to the trends. 


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1 (c) QUARTERLY REPORTS TO CONGRESS.—The Ad2 ministrator, on a quarterly basis, shall submit a report to 

3 the Senate Committee on Commerce, Science, and Trans4 portation and the House of Representatives Committee on 

5 Transportation and Infrastructure on the results of reviews 

6 of the air transportation oversight system database con7 ducted under this section, including copies of reports re8 ceived under subsection (b). 

9 SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS. 

10 (a) IN GENERAL.—Chapter 447 is amended by adding 

11 at the end the following: 

12 ‘‘§ 44730. Inspection of foreign repair stations 

13 ‘‘(a) IN GENERAL.—Within 1 year after the date of 

14 enactment of the FAA Air Transportation Modernization 

15 and Safety Improvement Act the Administrator of the Fed16 eral Aviation Administration shall establish and implement 

17 a safety assessment system for all part 145 repair stations 

18 based on the type, scope, and complexity of work being per19 formed. The system shall— 

20 ‘‘(1) ensure that repair stations outside the 

21 United States are subject to appropriate inspections 

22 based on identified risk and consistent with existing 

23 United States requirements; 

24 ‘‘(2) consider inspection results and findings 

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1 ating under a maintenance safety or maintenance 

2 implementation agreement with the United States in 

3 meeting the requirements of the safety assessment sys4 tem; and 

5 ‘‘(3) require all maintenance safety or mainte6 nance implementation agreements to provide an op7 portunity for the Federal Aviation Administration to 

8 conduct independent inspections of covered part 145 

9 repair stations when safety concerns warrant such in10 spections. 

11 ‘‘(b) NOTICE TO CONGRESS OF NEGOTIATIONS.—The 

12 Administrator shall notify the Senate Committee on Com13 merce, Science, and Transportation and the House of Rep14 resentatives Committee on Transportation and Infrastruc15 ture within 30 days after initiating formal negotiations 

16 with foreign aviation authorities or other appropriate for17 eign government agencies on a new maintenance safety or 

18 maintenance implementation agreement. 

19 ‘‘(c) ANNUAL REPORT.—The Administrator shall pub20 lish an annual report on the Federal Aviation Administra21 tion’s oversight of part 145 repair stations and implemen22 tation of the safety assessment system required by subsection 

23 (a). The report shall— 

24 ‘‘(1) describe in detail any improvements in the 

25 Federal Aviation Administration’s ability to identify 


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1 and track where part 121 air carrier repair work is 

2 performed; 

3 ‘‘(2) include a staffing model to determine the 

4 best placement of inspectors and the number of in5 spectors needed; 

6 ‘‘(3) describe the training provided to inspectors; 

7 and 

8 ‘‘(4) include an assessment of the quality of mon9 itoring and surveillance by the Federal Aviation Ad10 ministration of work provided by its inspectors and 

11 the inspectors of foreign authorities operating under 

12 a maintenance safety or implementation agreement. 

13 ‘‘(d) ALCOHOL AND CONTROLLED SUBSTANCE TEST14 ING PROGRAM REQUIREMENTS.— 

15 ‘‘(1) IN GENERAL.—The Secretaries of State and 

16 Transportation jointly shall request the governments 

17 of foreign countries that are members of the Inter18 national Civil Aviation Organization to establish 

19 international standards for alcohol and controlled 

20 substances testing of persons that perform safety sen21 sitive maintenance functions upon commercial air 

22 carrier aircraft. 

23 ‘‘(2) APPLICATION TO PART 121 AIRCRAFT

24 WORK.—Within 1 year after the date of enactment of 

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1 ty Improvement Act the Administrator shall promul2 gate a proposed rule requiring that all part 145 re3 pair station employees responsible for safety-sensitive 

4 functions on part 121 air carrier aircraft are subject 

5 to an alcohol and controlled substance testing pro6 gram determined acceptable by the Administrator and 

7 consistent with the applicable laws of the country in 

8 which the repair station is located. 

9 ‘‘(e) BIANNUAL INSPECTIONS.—The Administrator 

10 shall require part 145 repair stations to be inspected twice 

11 each year by Federal Aviation Administration safety in12 spectors, regardless of where the station is located, in a 

13 manner consistent with United States obligations under 

14 international agreements. 

15 ‘‘(f) DEFINITIONS.—In this section: 

16 ‘‘(1) PART 121 AIR CARRIER.—The term ‘part 

17 121 air carrier’ means an air carrier that holds a 

18 certificate issued under part 121 of title 14, Code of 

19 Federal Regulations. 

20 ‘‘(2) PART 145 REPAIR STATION.—The term 

21 ‘part 145 repair station’ means a repair station that 

22 holds a certificate issued under part 145 of title 14, 

23 Code of Federal Regulations.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of contents 

2 for chapter 447 is amended by adding at the end thereof 

3 the following: 

‘‘44730. Inspection of foreign repair stations.’’. 

4 SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS. 

5 (a) REGULATIONS.—Not later than 3 years after the 

6 date of enactment of this Act, the Administrator of the Fed7 eral Aviation Administration shall issue regulations requir8 ing that all covered maintenance work on aircraft used to 

9 provide air transportation under part 121 of title 14, Code 

10 of Federal Regulations, be performed by individuals in ac11 cordance with subsection (b). 

12 (b) PERSONS AUTHORIZED TO PERFORM CERTAIN

13 WORK.—No individual may perform covered maintenance 

14 work on aircraft used to provide air transportation under 

15 part 121 of title 14, Code of Federal Regulations unless that 

16 individual is employed by— 

17 (1) a part 121 air carrier; 

18 (2) a part 145 repair station; 

19 (3) a person that provides contract maintenance 

20 workers or services to a part 145 repair station or 

21 part 121 air carrier, and the individual— 

22 (A) meets the requirements of the part 121 

23 air carrier or the part 145 repair station; 

24 (B) performs the work under the direct su25 pervision and control of the part 121 air carrier 


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1 or the part 145 repair station directly in charge 

2 of the maintenance services; and 

3 (C) carries out the work in accordance with 

4 the part 121 air carrier’s maintenance manual; 

5 (4) by the holder of a type certificate, production 

6 certificate, or other production approval issued under 

7 part 21 of title 14, Code of Federal Regulations, and 

8 the holder of such certificate or approval— 

9 (A) originally produced, and continues to 

10 produce, the article upon which the work is to be 

11 performed; and 

12 (B) is acting in conjunction with a part 

13 121 air carrier or a part 145 repair station. 

14 (d) DEFINITIONS.—In this section: 

15 (1) COVERED MAINTENANCE WORK.—The term 

16 ‘‘covered maintenance work’’ means maintenance 

17 work that is essential maintenance, regularly sched18 uled maintenance, or a required inspection item, as 

19 determined by the Administrator. 

20 (2) PART 121 AIR CARRIER.—The term ‘‘part 

21 121 air carrier’’ has the meaning given that term in 

22 section 44730(f)(1) of title 49, United States Code. 

23 (3) PART 145 REPAIR STATION.—The term ‘‘part 

24 145 repair station’’ has the meaning given that term 

25 in section 44730(f)(2) of title 49, United States Code. 


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1 SUBTITLE B—FLIGHT SAFETY 

2 SEC. 551. PILOT APPLICANT EMPLOYMENT RECORDS. 

3 (a) IN GENERAL.—Section 44703(h) is amended to 

4 read as follows: 

5 ‘‘(h) RECORDS OF EMPLOYMENT, TRAINING, AND

6 TESTING.— 

7 ‘‘(1) IN GENERAL.—The Administrator of the 

8 Federal Aviation Administration shall establish and 

9 maintain a pilot employment, training, and testing 

10 database and shall publish notice in the Federal Reg11 ister when the database is operational. The database 

12 shall include the following information: 

13 ‘‘(A) FAA RECORDS.—From the Federal 

14 Aviation Administration, records pertaining to 

15 the individual that are maintained by the Ad16 ministration concerning— 

17 ‘‘(i) current airman certificates (in18 cluding airman medical certificates) and 

19 associated type ratings, including any limi20 tations to those certificates and ratings; 

21 ‘‘(ii) any failed attempt of the indi22 vidual to pass a practical test required to 

23 obtain a certificate or type rating under 

24 part 61 of title 14, Code of Federal Regula25 tions; and 


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1 ‘‘(iii) summaries of legal enforcement 

2 actions resulting in a finding by the Ad3 ministrator of a violation of this title or a 

4 regulation prescribed or order issued under 

5 this title that was not subsequently over6 turned. 

7 ‘‘(B) AIR CARRIER AND OTHER RECORDS.— 

8 From any air carrier or other person (except a 

9 branch of the United States Armed Forces, the 

10 National Guard, or a reserve component of the 

11 United States Armed Forces) that has employed 

12 the individual as a pilot of a civil or public air13 craft, or from the trustee in bankruptcy for such 

14 air carrier or person— 

15 ‘‘(i) records pertaining to the indi16 vidual that are maintained by an air car17 rier (other than records relating to flight 

18 time, duty time, or rest time) under regula19 tions set forth in— 

20 ‘‘(I) section 121.683 of title 14, 

21 Code of Federal Regulations; 

22 ‘‘(II) paragraph (A) of section VI, 

23 appendix I, part 121 of such title; 

24 ‘‘(III) paragraph (A) of section 

25 IV, appendix J, part 121 of such title; 


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1 ‘‘(IV) section 125.401 of such title; 

2 and 

3 ‘‘(V) section 135.63(a)(4) of such 

4 title; and 

5 ‘‘(ii) other records pertaining to the in6 dividual’s performance as a pilot that are 

7 maintained by the air carrier or person 

8 concerning— 

9 ‘‘(I) the training, qualifications, 

10 proficiency, or professional competence 

11 of the individual, including comments 

12 and evaluations made by a check air13 man designated in accordance with 

14 section 121.411, 125.295, or 135.337 of 

15 such title; 

16 ‘‘(II) any disciplinary action 

17 taken with respect to the individual 

18 that was not subsequently overturned; 

19 and 

20 ‘‘(III) any release from employ21 ment or resignation, termination, or 

22 disqualification with respect to em23 ployment. 

24 ‘‘(C) NATIONAL DRIVER REGISTER

25 RECORDS.—In accordance with section 


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1 30305(b)(8), from the chief driver licensing offi2 cial of a State, information concerning the motor 

3 vehicle driving record of the individual. 

4 ‘‘(2) RECORDS OF CURRENT EMPLOYEES.—Each 

5 air carrier shall submit to the Administrator, for in6 clusion in the database established under paragraph 

7 (1)— 

8 ‘‘(A) not later than 180 days after the date 

9 on which notice of the establishment of the data10 base is published, the records described in para11 graph (1)(B) concerning any pilot employed by 

12 the air carrier; and 

13 ‘‘(B) after such date, not later than 30 days 

14 after the generation of any new records described 

15 in paragraph (1)(B), such new records. 

16 ‘‘(3) RIGHT OF PILOT TO REVIEW.—Notwith17 standing any other provision of law or agreement, the 

18 Administrator, upon written request from a pilot, 

19 shall make available to the pilot for review and cor20 rection, within a reasonable time, but not later than 

21 30 days after the date of the request, a copy of all 

22 records referred to in paragraph (1) pertaining to the 

23 pilot. 

24 ‘‘(4) RIGHT TO RECEIVE NOTICE AND COPY OF

25 ANY RECORD FURNISHED.—A person who receives a 


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1 request for records described in paragraph (1) shall 

2 provide to the individual who is the subject of the 

3 records— 

4 ‘‘(A) on or before the 20th day following the 

5 date of receipt of the request, written notice of 

6 the request and of the individual’s right to re7 ceive a copy of such records; and 

8 ‘‘(B) in accordance with paragraph (3), a 

9 copy of such records, if requested by the indi10 vidual. 

11 ‘‘(5) RIGHT TO CORRECT INACCURACIES.—An 

12 air carrier that maintains or requests and receives 

13 the records of an individual under paragraph (1) 

14 shall provide the individual with a reasonable oppor15 tunity to submit written comments to correct any in16 accuracies contained in the records before making a 

17 final hiring decision with respect to the individual. 

18 After the database established under paragraph (1) is 

19 operational, the air carrier shall submit any correc20 tions made or accepted by the air carrier to the Ad21 ministration for inclusion in the database within 30 

22 days after the corrections are made or accepted by the 

23 air carrier. 

24 ‘‘(6) PRIVACY PROTECTIONS.—An air carrier 

25 that maintains, or requests and receives, the records 


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1 described in paragraph (1) of an individual may use 

2 such records only to assess the qualifications of the in3 dividual in deciding whether or not to hire the indi4 vidual as a pilot. The air carrier shall take such ac5 tions as may be necessary to protect the privacy of the 

6 pilot and the confidentiality of the records, including 

7 ensuring that information contained in the records is 

8 not divulged to any individual that is not directly in9 volved in the hiring decision. 

10 ‘‘(7) PERIODIC REVIEW.—Not later than 18 

11 months after the date of the enactment of the FAA Air 

12 Transportation Modernization and Safety Improve13 ment Act, and at least once every 3 years thereafter, 

14 the Administrator shall submit to Congress a state15 ment that contains, taking into account recent devel16 opments in the aviation industry— 

17 ‘‘(A) recommendations by the Administrator 

18 concerning proposed changes to Administration 

19 records, air carrier records, and other records re20 quired to be furnished under paragraph (1); or 

21 ‘‘(B) reasons why the Administrator does 

22 not recommend any proposed changes to the 

23 records referred to in paragraph (1). 

24 ‘‘(8) RULEMAKING.—The Administrator shall 

25 prescribe such regulations as may be necessary— 


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1 ‘‘(A) to protect— 

2 ‘‘(i) the personal privacy of any indi3 vidual whose records are included in the 

4 database established under paragraph (1); 

5 and 

6 ‘‘(ii) the confidentiality of those 

7 records; 

8 ‘‘(B) to preclude the further dissemination 

9 of records received under paragraph (1) by the 

10 person who requested those records; and 

11 ‘‘(C) to ensure prompt compliance with any 

12 request made under this subsection. 

13 ‘‘(9) SPECIAL RULES WITH RESPECT TO CERTAIN

14 PILOTS.— 

15 ‘‘(A) PILOTS OF CERTAIN SMALL AIR16 CRAFT.—Notwithstanding paragraph (1), an air 

17 carrier, before receiving information requested 

18 about an individual under this subsection, may 

19 allow the individual to begin service for a period 

20 not to exceed 90 days as a pilot of an aircraft 

21 with a maximum payload capacity (as defined 

22 in section 119.3 of title 14, Code of Federal Reg23 ulations) of 7,500 pounds or less, or a helicopter, 

24 on a flight that is not a scheduled operation (as 

25 defined in such section). Before the end of the 90- 


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1 day period, the air carrier shall obtain and 

2 evaluate such information. The contract between 

3 the carrier and the individual shall contain a 

4 term that provides that the continuation of the 

5 individual’s employment, after the last day of 

6 the 90-day period, depends on a satisfactory 

7 evaluation. 

8 ‘‘(B) GOOD FAITH EXCEPTION.—Until the 

9 database required by paragraph (1) is estab10 lished, an air carrier, without obtaining infor11 mation about an individual under paragraph 

12 (1) from an air carrier or other person that no 

13 longer exists or from a foreign government or en14 tity that employed the individual, may allow the 

15 individual to begin service as a pilot if the air 

16 carrier required to request the information has 

17 made a documented good faith attempt to obtain 

18 such information. 

19 ‘‘(10) REVIEW OF PROSPECTIVE PILOTS’ 

20 RECORDS.—Except as provided in paragraph (9), be21 fore allowing an individual to begin service as a pilot 

22 an air carrier shall request a copy of all the records 

23 described in paragraph (1) pertaining to the pilot 

24 and review the records. 


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1 ‘‘(11) ELECTRONIC ACCESS TO FAA RECORDS.— 

2 For the purpose of increasing timely and efficient ac3 cess to Federal Aviation Administration records de4 scribed in paragraph (1), the Administrator may 

5 allow, under terms established by the Administrator, 

6 an individual designated by the air carrier to have 

7 electronic access to a specified database containing 

8 information about such records. The terms shall limit 

9 such access to instances in which information in the 

10 database is required by the designated individual in 

11 making a hiring decision concerning a pilot appli12 cant and shall require that the designated individual 

13 provide assurances satisfactory to the Administrator 

14 that information obtained using such access will not 

15 be used for any purpose other than making the hiring 

16 decision.’’. 

17 (b) LIMITATION ON LIABILITY.—Section 44703(i)(1) is 

18 amended— 

19 (1) in the matter preceding subparagraph (A), 

20 by striking ‘‘pilot and who has signed a release from 

21 liability,’’ and inserting ‘‘pilot,’’; and 

22 (2) in subparagraph (B), by striking ‘‘complied 

23 with such request;’’ and inserting ‘‘furnished records 

24 to the Administrator in accordance with subsection 

25 (h)(1);’’. 


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1 (c) TRANSITION RULE.—Until the date on which the 

2 Administrator publishes notice in the Federal Register that 

3 the database required by section 44703(h)(1) of title 49, 

4 United States Code (as amended by subsection (a)) is oper5 ational, the provisions of section 44703(h) of such title, as 

6 that section was in effect on the day before the date of enact7 ment of this Act, shall remain in effect, except that such 

8 provisions shall be applied— 

9 (1) without regard to the phrase ‘‘during the 5- 

10 year period’’ in paragraph (1)(B); and 

11 (2) without regard to paragraph (3). 

12 SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS. 

13 (a) IN GENERAL.—Within 60 days after the date of 

14 enactment of this Act, the Administrator shall initiate and 

15 complete a rulemaking to require part 121 air carriers— 

16 (1) to implement, as part of their safety manage17 ment systems— 

18 (A) an Aviation Safety Action Program; 

19 (B) a Flight Operations Quality Assurance 

20 Program; 

21 (C) a Line Operational Safety Audit Pro22 gram; and 

23 (D) a Flight Crew Fatigue Risk Manage24 ment Program; 


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1 (2) to implement appropriate privacy protection 

2 safeguards with respect to data included in such pro3 grams; and 

4 (3) to provide appropriate collaboration and 

5 operational oversight of regional/commuter air car6 riers by affiliated major air carriers that include— 

7 (A) periodic safety audits of flight oper8 ations; 

9 (B) training, maintenance, and inspection 

10 programs; and 

11 (C) provisions for the exchange of safety in12 formation. 

13 (b) LIMITATIONS ON DISCIPLINE AND ENFORCE14 MENT.—The Administrator shall require that each of the 

15 programs described in subsection (a)(1)(A) and (B) estab16 lish protections for an air carrier or employee submitting 

17 data or reports against disciplinary or enforcement actions 

18 by any Federal agency or employer. The protections shall 

19 not be less than the protections provided under Federal 

20 Aviation Administration Advisory Circulars governing 

21 those programs, including Advisory Circular AC No. 120– 

22 66 and AC No. 120–82. 

23 (c) CVR DATA.—The Administrator, acting in collabo24 ration with aviation industry interested parties, shall conVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 sider the merits and feasibility of incorporating cockpit 

2 voice recorder data in safety oversight practices. 

3 (d) ENFORCEMENT CONSISTENCY.—Within 9 months 

4 after the date of enactment of this Act, the Administrator 

5 shall— 

6 (1) develop and implement a plan that will en7 sure that the FAA’s safety enforcement plan is con8 sistently enforced; and 

9 (2) ensure that the FAA’s safety oversight pro10 gram is reviewed periodically and updated as nec11 essary. 

12 SEC. 553. IMPLEMENTATION OF NTSB RECOMMENDATIONS. 

13 (a) IN GENERAL.— 

14 (1) NOTIFICATION.—Within 30 days after the 

15 end of each calendar year, the Administrator shall 

16 submit a notification to the Senate Committee on 

17 Commerce, Science, and Transportation and the 

18 House of Representatives Committee on Transpor19 tation and Infrastructure indicating whether the Ad20 ministrator has determined to implement the safety 

21 recommendations made to the FAA by the National 

22 Transportation Safety Board during the preceding 

23 year. 

24 (2) IMPLEMENTATION PLANS.—If the Adminis25 trator has determined to implement such a recVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 ommendation, the notification shall describe the ac2 tion the Administrator plans to take to implement the 

3 recommendation. 

4 (3) EXPLANATION OF NON-IMPLEMENTATION.—If 

5 the Administrator has determined not to implement 

6 such a recommendation, the notification shall describe 

7 the reason for the determination. 

8 (b) PENDING RECOMMENDATIONS.—Within 180 days 

9 after the date of enactment of this Act, the Administrator 

10 shall submit a notification to those Committees with respect 

11 to each safety recommendation made to the FAA by the Na12 tional Transportation Safety Board that was made before 

13 the date of enactment of this Act that was not implemented 

14 before that date containing the implementation plans, or 

15 an explanation of non-implementation, for each such rec16 ommendation. 

17 SEC. 554. IMPROVED FLIGHT OPERATIONAL QUALITY AS18 SURANCE, AVIATION SAFETY ACTION, AND 

19 LINE OPERATIONAL SAFETY AUDIT PRO20 GRAMS. 

21 (a) LIMITATION ON DISCLOSURE AND USE OF INFOR22 MATION.— 

23 (1) IN GENERAL.—Except as provided by this 

24 section, a party in a judicial proceeding may not use 

25 discovery to obtain— 


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1 (A) an Aviation Safety Action Program re2 port; 

3 (B) Flight Operational Quality Assurance 

4 Program data; or 

5 (C) a Line Operations Safety Audit Pro6 gram report. 

7 (2) FOIA NOT APPLICABLE.—Section 522 of title 

8 5, United States Code, shall not apply to reports or 

9 data described in paragraph (1). 

10 (3) EXCEPTIONS.—Nothing in paragraph (1) or 

11 (2) prohibits the FAA from disclosing information 

12 contained in reports or data described in paragraph 

13 (1) if withholding the information would not be con14 sistent with the FAA’s safety responsibilities, includ15 ing— 

16 (A) a summary of information, with identi17 fying information redacted, to explain the need 

18 for changes in policies or regulations; 

19 (B) information provided to correct a con20 dition that compromises safety, if that condition 

21 continues uncorrected; or 

22 (C) information provided to carry out a 

23 criminal investigation or prosecution. 

24 (b) PERMISSIBLE DISCOVERY FOR SUCH REPORTS

25 AND DATA.—Except as provided in subsection (c), a court 


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1 may allow discovery by a party of an Aviation Safety Ac2 tion Program report, Flight Operational Quality Assurance 

3 Program data, or a Line Operations Safety Audit Program 

4 report if, after an in camera review of the information, the 

5 court determines that a party to a claim or defense in the 

6 proceeding shows a particularized need for the report or 

7 data that outweighs the need for confidentiality of the report 

8 or data, considering the confidential nature of the report 

9 or data, and upon a showing that the report or data is 

10 both relevant to the preparation of a claim or defense and 

11 not otherwise known or available. 

12 (c) PROTECTIVE ORDER.—When a court allows dis13 covery, in a judicial proceeding, of an Aviation Safety Ac14 tion Program report, Flight Operational Quality Assurance 

15 Program data, or a Line Operations Safety Audit Program 

16 report, the court shall issue a protective order— 

17 (1) to limit the use of the information contained 

18 in the report or data to the judicial proceeding; 

19 (2) to prohibit dissemination of the report or 

20 data to any person that does not need access to the 

21 report for the proceeding; and 

22 (3) to limit the use of the report or data in the 

23 proceeding to the uses permitted for privileged self24 analysis information as defined under the Federal 

25 Rules of Evidence. 


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1 (d) SEALED INFORMATION.—A court may allow an 

2 Aviation Safety Action Program report, Flight Operational 

3 Quality Assurance Program data, or a Line Operations 

4 Safety Audit Program report to be admitted into evidence 

5 in a judicial proceeding only if the court places the report 

6 or data under seal to prevent the use of the report or data 

7 for purposes other than for the proceeding. 

8 (e) SAFETY RECOMMENDATIONS.—This section does 

9 not prevent the National Transportation Safety Board from 

10 referring at any time to information contained in an Avia11 tion Safety Action Program report, Flight Operational 

12 Quality Assurance Program data, or a Line Operations 

13 Safety Audit Program report in making safety rec14 ommendations. 

15 (f) WAIVER.—Any waiver of the privilege for self-anal16 ysis information by a protected party, unless occasioned by 

17 the party’s own use of the information in presenting a 

18 claim or defense, must be in writing. 

19 SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, 

20 TESTING, AND CERTIFICATION REQUIRE21 MENTS. 

22 (a) TRAINING AND TESTING.—The Administrator shall 

23 develop and implement a plan for reevaluation of flight 

24 crew training regulations in effect on the date of enactment 

25 of this Act, including regulations for— 


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1 (1) classroom instruction requirements governing 

2 curriculum content and hours of instruction; 

3 (2) crew leadership training; and 

4 (3) initial and recurrent testing requirements for 

5 pilots, including the rigor and consistency of testing 

6 programs such as check rides. 

7 (b) BEST PRACTICES.—The plan shall incorporate best 

8 practices in the aviation industry with respect to training 

9 protocols, methods, and procedures. 

10 (c) CERTIFICATION.—The Administrator shall initiate 

11 a rulemaking to re-evaluate FAA regulations governing the 

12 minimum requirements— 

13 (1) to become a commercial pilot; 

14 (2) to receive an Air Transport Pilot Certificate 

15 to become a captain; and 

16 (3) to transition to a new type of aircraft. 

17 SEC. 556. SAFETY INSPECTIONS OF REGIONAL AIR CAR18 RIERS. 

19 The Administrator shall, not less frequently than once 

20 each year, perform random, unannounced, on-site inspec21 tions of air carriers that provide air transportation pursu22 ant to a contract with a part 121 air carrier to ensure 

23 that such air carriers are complying with all applicable 

24 safety standards of the Administration. 


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1 SEC. 557. ESTABLISHMENT OF SAFETY STANDARDS WITH 

2 RESPECT TO THE TRAINING, HIRING, AND OP3 ERATION OF AIRCRAFT BY PILOTS. 

4 Not later than 180 days after the date of enactment 

5 of this Act, the Administrator shall issue a final rule with 

6 respect to the Notice of Proposed Rulemaking published in 

7 the Federal Register on January 12, 2009 (74 Fed. Reg. 

8 1280), relating to training programs for flight crew mem9 bers and aircraft dispatchers. 

10 SEC. 558. OVERSIGHT OF PILOT TRAINING SCHOOLS. 

11 Not later than 1 year after the date of the enactment 

12 of this Act, the Administrator shall submit to Congress a 

13 plan for overseeing pilot schools certified under part 141 

14 of title 14, Code of Federal Regulations, that includes— 

15 (1) ensuring that the curriculum and course out16 line requirements for such schools under subpart C of 

17 such part are being met; and 

18 (2) conducting on-site inspections of each such 

19 school not less frequently than once every 2 years. 

20 SEC. 559. ENHANCED TRAINING FOR FLIGHT ATTENDANTS 

21 AND GATE AGENTS. 

22 (a) IN GENERAL.—Chapter 447, as amended by sec23 tion 521 of this Act, is further amended by adding at the 

24 end the following: 


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1 ‘‘§ 44731. Training of flight attendants and gate 

2 agents 

3 ‘‘(a) TRAINING REQUIRED.—In addition to other 

4 training required under this chapter, each air carrier shall 

5 provide initial and annual recurring training for flight at6 tendants and gate agents employed or contracted by such 

7 air carrier regarding— 

8 ‘‘(1) serving alcohol to passengers; 

9 ‘‘(2) recognizing intoxicated passengers; and 

10 ‘‘(3) dealing with disruptive passengers. 

11 ‘‘(b) SITUATIONAL TRAINING.—In carrying out the 

12 training required under subsection (a), each air carrier 

13 shall provide situational training to flight attendants and 

14 gate agents on the proper method for dealing with intoxi15 cated passengers who act in a belligerent manner. 

16 ‘‘(c) DEFINITIONS.—In this section: 

17 ‘‘(1) AIR CARRIER.—The term ‘air carrier’ 

18 means a person or commercial enterprise that has 

19 been issued an air carrier operating certificate under 

20 section 44705. 

21 ‘‘(2) FLIGHT ATTENDANT.—The term ‘flight at22 tendant’ has the meaning given the term in section 

23 44728(f). 

24 ‘‘(3) GATE AGENT.—The term ‘gate agent’ means 

25 an individual working at an airport whose responVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 sibilities include facilitating passenger access to com2 mercial aircraft. 

3 ‘‘(4) PASSENGER.—The term ‘passenger’ means 

4 an individual traveling on a commercial aircraft, 

5 from the time at which the individual arrives at the 

6 airport from which such aircraft departs until the 

7 time the individual leaves the airport to which such 

8 aircraft arrives.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections for 

10 chapter 447 of title 49, United States Code, is amended by 

11 adding at the end the following: 

‘‘44731. Training of flight attendants and gate agents.’’. 

12 (c) RULEMAKING.—Not later than 180 days after the 

13 date of the enactment of this Act, the Secretary of Transpor14 tation shall issue regulations to carry out section 44730 of 

15 title 49, United States Code, as added by subsection (a). 

16 SEC. 560. DEFINITIONS. 

17 In this subtitle: 

18 (1) AVIATION SAFETY ACTION PROGRAM.—The 

19 term ‘‘Aviation Safety Action Program’’ means the 

20 program described under Federal Aviation Adminis21 tration Advisory Circular No. 120–66B that permits 

22 employees of participating air carriers and repair 

23 station certificate holders to identify and report safety 

24 issues to management and to the Administration for 

25 resolution. 


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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator. 

3 (3) AIR CARRIER.—The term ‘‘air carrier’’ has 

4 the meaning given that term by section 40102(2) of 

5 title 49, United States Code. 

6 (4) FAA.—The term ‘‘FAA’’ means the Federal 

7 Aviation Administration. 

8 (5) FLIGHT OPERATIONAL QUALITY ASSURANCE

9 PROGRAM.—The term ‘‘Flight Operational Quality 

10 Assurance Program’’ means the voluntary safety pro11 gram authorized under section 13.401 of title 14, 

12 Code of Federal Regulations, that permits commercial 

13 air carriers and pilots to share confidential aggregate 

14 information with the Administration to permit the 

15 Administration to target resources to address oper16 ational risk issues. 

17 (6) LINE OPERATIONS SAFETY AUDIT PRO18 GRAM.—The term ‘‘Line Operations Safety Audit 

19 Program’’ has the meaning given that term by Fed20 eral Aviation Administration Advisory Circular 

21 Number 120–90. 

22 (7) PART 121 AIR CARRIER.—The term ‘‘part 

23 121 air carrier’’ has the meaning given that term by 

24 section 41719(d)(1) of title 49, United States Code. 


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1 TITLE VI—AVIATION RESEARCH 

2 SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

3 (a) IN GENERAL.—Section 44511(f) is amended— 

4 (1) by striking ‘‘establish a 4-year pilot’’ in 

5 paragraph (1) and inserting ‘‘maintain an’’; and 

6 (2) by inserting ‘‘pilot’’ in paragraph (4) before 

7 ‘‘program’’ the first time it appears; and 

8 (3) by striking ‘‘program, including rec9 ommendations as to the need for establishing a per10 manent airport cooperative research program.’’ in 

11 paragraph (4) and inserting ‘‘program.’’. 

12 (b) AIRPORT COOPERATIVE RESEARCH PROGRAM.— 

13 Not more than $15,000,000 per year for fiscal years 2010 

14 and 2011 may be appropriated to the Secretary of Trans15 portation from the amounts made available each year under 

16 subsection (a) for the Airport Cooperative Research Pro17 gram under section 44511 of this title, of which not less 

18 than $5,000,000 per year shall be for research activities re19 lated to the airport environment, including reduction of 

20 community exposure to civil aircraft noise, reduction of 

21 civil aviation emissions, or addressing water quality issues. 

22 SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY 

23 CONSUMPTION FROM CIVILIAN AIRCRAFT. 

24 (a) ESTABLISHMENT OF RESEARCH PROGRAM.—From 

25 amounts made available under section 48102(a) of title 49, 


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1 United States Code, the Administrator of the Federal Avia2 tion Administration shall establish a research program re3 lated to reducing civilian aircraft energy use, emissions, 

4 and source noise with equivalent safety through grants or 

5 other measures, which may include cost-sharing, authorized 

6 under section 106(l)(6) of such title, including reimbursable 

7 agreements with other Federal agencies. 

8 (b) ESTABLISHMENT OF CONSORTIUM.— 

9 (1) DESIGNATION AS CONSORTIUM.—Not later 

10 than 180 days after the date of the enactment of this 

11 Act, the Administrator shall designate, using a com12 petitive process, one or more institutions or entities 

13 described in paragraph (2) as a Consortium for Con14 tinuous Low Energy, Emissions, and Noise (CLEEN) 

15 to perform research in accordance with this section. 

16 (2) PARTICIPATION.—The Administrator shall 

17 include educational and research institutions or pri18 vate sector entities that have existing facilities and 

19 experience for developing and testing noise, emissions 

20 and energy reduction engine and aircraft technology, 

21 and developing alternative fuels in the research pro22 gram required by subsection (a). 

23 (3) COORDINATION MECHANISMS.—In conducting 

24 the research program, the Consortium designated 

25 under paragraph (1) shall— 


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1 (A) coordinate its activities with the De2 partment of Agriculture, the Department of En3 ergy, the National Aeronautics and space Ad4 ministration, and other relevant Federal agen5 cies; and 

6 (B) consult on a regular basis with the 

7 Commercial Aviation Alternative Fuels Initia8 tive. 

9 (c) PERFORMANCE OBJECTIVES.—Not later than Jan10 uary 1, 2016, the research program shall accomplish the 

11 following objectives: 

12 (1) Certifiable aircraft technology that reduces 

13 fuel burn 33 percent compared to current technology, 

14 reducing energy consumption and carbon dioxide 

15 emissions. 

16 (2) Certifiable engine technology that reduces 

17 landing and takeoff cycle nitrogen oxide emissions by 

18 60 percent, at a pressure ratio of 30 over the Inter19 national Civil Aviation Organization standard 

20 adopted at the 6th Meeting of the Committee on Avia21 tion Environmental Protection, with commensurate 

22 reductions over the full pressure ratio range, while 

23 limiting or reducing other gaseous or particle emis24 sions. 


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1 (3) Certifiable aircraft technology that reduces 

2 noise levels by 32 Effective Perceived Noise in decibels 

3 (EPNdb) cumulative, relative to Stage 4 standards. 

4 (4) Advance qualification and environmental as5 surance of alternative aviation fuels to support a goal 

6 of having 20 percent of the jet fuel available for pur7 chase by United States commercial airlines and cargo 

8 carriers be alternative fuels. 

9 (5) Determination of the extent to which new en10 gine and aircraft technologies may be used to retrofit 

11 or re-engine aircraft so as to increase the level of pen12 etration into the commercial fleet. 

13 SEC. 603. PRODUCTION OF ALTERNATIVE FUEL TECH14 NOLOGY FOR CIVILIAN AIRCRAFT. 

15 (a) IN GENERAL.—From amounts made available 

16 under section 48102(a) of title 49, United States Code, the 

17 Secretary of Transportation shall establish a research pro18 gram related to developing jet fuel from natural gas, bio19 mass and other renewable sources through grants or other 

20 measures authorized under section 106(l)(6) of such title, 

21 including reimbursable agreements with other Federal agen22 cies. 

23 (b) PARTICIPATION IN PROGRAM.—The Secretary 

24 shall— 


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1 (1) include educational and research institutions 

2 that have existing facilities and experience in the re3 search, small-scale development, testing, or evaluation 

4 of technologies related to the creation, processing, and 

5 production of a variety of feedstocks into aviation fuel 

6 under the program required by subsection (a); and 

7 (2) consider utilizing the existing capacity in 

8 Aeronautics research at Langley Research Center of 

9 the National Aeronautics and Space Administration 

10 to carry out the program required by subsection (a). 

11 (c) DESIGNATION OF INSTITUTION AS A CENTER OF

12 EXCELLENCE.—Not later than 180 days after the date of 

13 the enactment of this Act, the Administrator of the Federal 

14 Aviation Administration shall designate an institution de15 scribed in subsection (b) as a Center of Excellence for Alter16 native Jet-Fuel Research in Civil Aircraft. The Center of 

17 Excellence shall be a member of the CLEEN Consortium 

18 established under section 602(b), and shall be part of a 

19 Joint Center of Excellence with the Partnership for Air 

20 Transportation Noise and Emission Reduction FAA Center 

21 of Excellence. 

22 SEC. 604. PRODUCTION OF CLEAN COAL FUEL TECH23 NOLOGY FOR CIVILIAN AIRCRAFT. 

24 (a) ESTABLISHMENT OF RESEARCH PROGRAM.—From 

25 amounts made available under section 48102(a) of title 49, 


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1 United States Code, the Secretary of Transportation shall 

2 establish a research program related to developing jet fuel 

3 from clean coal through grants or other measures authorized 

4 under section 106(l)(6) of such title, including reimbursable 

5 agreements with other Federal agencies. The program shall 

6 include participation by educational and research institu7 tions that have existing facilities and experience in the de8 velopment and deployment of technology that processes coal 

9 to aviation fuel. 

10 (b) DESIGNATION OF INSTITUTION AS A CENTER OF

11 EXCELLENCE.—Within 6 months after the date of enact12 ment of this Act, the Administrator of the Federal Aviation 

13 Administration shall designate an institution described in 

14 subsection (a) as a Center of Excellence for Coal-to-Jet-Fuel 

15 Research. 

16 SEC. 605. ADVISORY COMMITTEE ON FUTURE OF AERO17 NAUTICS. 

18 (a) ESTABLISHMENT.—There is established an advi19 sory committee to be know as the ‘‘Advisory Committee on 

20 the Future of Aeronautics’’. 

21 (b) MEMBERSHIP.—The Advisory Committee shall 

22 consist of 7 members appointed by the President from a 

23 list of 15 candidates proposed by the Director of the Na24 tional Academy of Sciences. 


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1 (c) CHAIRPERSON.—The Advisory Committee members 

2 shall elect 1 member to serve as chairperson of the Advisory 

3 Committee. 

4 (d) FUNCTIONS.—The Advisory Committee shall exam5 ine the best governmental and organizational structures for 

6 the conduct of civil aeronautics research and development, 

7 including options and recommendations for consolidating 

8 such research to ensure continued United States leadership 

9 in civil aeronautics. The Committee shall consider transfer10 ring responsibility for civil aeronautics research and devel11 opment from the National Aeronautics and Space Adminis12 tration to other existing departments or agencies of the Fed13 eral Government or to a non-governmental organization 

14 such as academic consortia or not-for-profit organizations. 

15 In developing its recommendations, the Advisory Committee 

16 shall consider, as appropriate, the aeronautics research 

17 policies developed pursuant to section 101(d) of Public Law 

18 109–155 and the requirements and priorities for aero19 nautics research established by title IV of Public Law 109– 

20 155. 

21 (e) REPORT.—Not later than 12 months after the date 

22 on which the full membership of the Advisory Committee 

23 is appointed, the Advisory Committee shall submit a report 

24 to the Senate Committee on Commerce, Science, and Trans25 portation and the House Committees on Science and TechVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 nology and on Transportation and Infrastructure on its 

2 findings and recommendations. The report may recommend 

3 a rank ordered list of acceptable solutions. 

4 (f) TERMINATION.—The Advisory Committee shall ter5 minate 60 days after the date on which it submits the report 

6 to the Congress. 

7 SEC. 606. RESEARCH PROGRAM TO IMPROVE AIRFIELD 

8 PAVEMENTS. 

9 (a) CONTINUATION OF PROGRAM.—The Administrator 

10 of the Federal Aviation Administration shall continue the 

11 program to consider awards to nonprofit concrete and as12 phalt pavement research foundations to improve the design, 

13 construction, rehabilitation, and repair of airfield pave14 ments to aid in the development of safer, more cost effective, 

15 and more durable airfield pavements. 

16 (b) USE OF GRANTS OR COOPERATIVE AGREE17 MENTS.—The Administrator may use grants or cooperative 

18 agreements in carrying out this section. 

19 SEC. 607. WAKE TURBULENCE, VOLCANIC ASH, AND WEATH20 ER RESEARCH. 

21 Within 60 days after the date of enactment of this Act, 

22 the Administrator of the Federal Aviation Administration 

23 shall— 

24 (1) initiate evaluation of proposals that would 

25 increase capacity throughout the air transportation 


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1 system by reducing existing spacing requirements be2 tween aircraft of all sizes, including research on the 

3 nature of wake vortices; 

4 (2) begin implementation of a system to improve 

5 volcanic ash avoidance options for aircraft, including 

6 the development of a volcanic ash warning and notifi7 cation system for aviation; and 

8 (3) establish research projects on— 

9 (A) ground de-icing/anti-icing, ice pellets, 

10 and freezing drizzle; 

11 (B) oceanic weather, including convective 

12 weather; 

13 (C) en route turbulence prediction and de14 tection; and 

15 (D) all hazards during oceanic operations, 

16 where commercial traffic is high and only rudi17 mentary satellite sensing is available, to reduce 

18 the hazards presented to commercial aviation. 

19 SEC. 608. INCORPORATION OF UNMANNED AIRCRAFT SYS20 TEMS INTO FAA PLANS AND POLICIES. 

21 (a) RESEARCH.— 

22 (1) EQUIPMENT.—Section 44504, as amended by 

23 sectin 216 of this Act, is further amended— 

24 (A) by inserting ‘‘unmanned and manned’’ 

25 in subsection (a) after ‘‘improve’’; 


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1 (B) by striking ‘‘and’’ after the semicolon in 

2 subsection (b)(7); 

3 (C) by striking ‘‘emitted.’’ in subsection 

4 (b)(8) and inserting ‘‘emitted; and’’; and 

5 (D) by adding at the end of subsection (b) 

6 the following: 

7 ‘‘(9) in conjunction with other Federal agencies 

8 as appropriate, to develop technologies and methods to 

9 assess the risk of and prevent defects, failures, and 

10 malfunctions of products, parts, and processes, for use 

11 in all classes of unmanned aircraft systems that could 

12 result in a catastrophic failure.’’. 

13 (2) HUMAN FACTORS; SIMULATIONS.—Section 

14 44505(b) is amended— 

15 (A) by striking ‘‘and’’ after the semicolon in 

16 paragraph (4); 

17 (B) by striking ‘‘programs.’’ in paragraph 

18 (5)(C) and inserting ‘‘programs; and’’; and 

19 (C) by adding at the end thereof the fol20 lowing: 

21 ‘‘(6) to develop a better understanding of the re22 lationship between human factors and unmanned air23 craft systems air safety; and 


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1 ‘‘(7) to develop dynamic simulation models of in2 tegrating all classes of unmanned aircraft systems 

3 into the National Airspace System.’’. 

4 (b) NATIONAL ACADEMY OF SCIENCES ASSESSMENT.— 

5 (1) IN GENERAL.—Within 3 months after the 

6 date of enactment of this Act, the Administrator of the 

7 Federal Aviation Administration shall enter into an 

8 arrangement with the National Academy of Sciences 

9 for an assessment of unmanned aircraft systems that 

10 may include consideration of— 

11 (A) human factors regarding unmanned 

12 aircraft systems operation; 

13 (B) ‘‘detect, sense and avoid technologies’’ 

14 with respect to both cooperative and non-cooper15 ative aircraft; 

16 (C) spectrum issues and bandwidth require17 ments; 

18 (D) operation in suboptimal winds and ad19 verse weather conditions; 

20 (E) mechanisms such as the use of tran21 sponders for letting other entities know where the 

22 unmanned aircraft system is flying; 

23 (F) airworthiness and system redundancy; 

24 (G) flight termination systems for safety 

25 and security; 


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1 (H) privacy issues; 

2 (I) technologies for unmanned aircraft sys3 tems flight control; 

4 (J) technologies for unmanned aircraft sys5 tems propulsion; 

6 (K) unmanned aircraft systems operator 

7 qualifications, medical standards, and training 

8 requirements; 

9 (L) unmanned aircraft systems mainte10 nance requirements and training requirements; 

11 and 

12 (M) any other unmanned aircraft systems13 related issue the Administrator believes should be 

14 addressed. 

15 (2) REPORT.—Within 12 months after initiating 

16 the study, the National Academy shall submit its re17 port to the Administrator, the Senate Committee on 

18 Commerce, Science, and Transportation, and the 

19 House of Representatives Committee on Transpor20 tation and Infrastructure containing its findings and 

21 recommendations. 

22 (c) PILOT PROJECTS.— 

23 (1) IN GENERAL.—Not later than 6 months after 

24 the date of enactment of this Act, the Administrator 

25 of the Federal Aviation Administration shall establish 


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1 3 2-year cost-shared pilot projects in sparsely popu2 lated, low-density Class G air traffic airspace new 

3 test sites to conduct experiments and collect data in 

4 order to accelerate the safe integration of unmanned 

5 aircraft systems into the National Airspace System as 

6 follows: 

7 (A) 1 project shall address operational 

8 issues required for integration of Category 1 un9 manned aircraft systems defined as analogous to 

10 RC models covered in the FAA Advisory Cir11 cular AC 91–57. 

12 (B) 1 project shall address operational 

13 issues required for integration of Category 2 un14 manned aircraft systems defined as non-stand15 ard aircraft that perform special purpose oper16 ations. Operators must provide evidence of air17 worthiness and operator qualifications. 

18 (C) 1 project shall address operational 

19 issues required for integration of Category 3 un20 manned aircraft systems defined as capable of 

21 flying throughout all categories of airspace and 

22 conforming to part 91 of title 14, Code of Fed23 eral Regulations. 

24 (D) All 3 pilot projects shall be operational 

25 no later than 6 months after being established. 


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1 (2) USE OF CONSORTIA.—In conducting the pilot 

2 projects, the Administrator shall encourage the forma3 tion of participating consortia from the public and 

4 private sectors, educational institutions, and non5 profit organization. 

6 (3) REPORT.—Within 90 days after completing 

7 the pilot projects, the Administrator shall transmit a 

8 report to the Senate Committee on Commerce, 

9 Science, and Transportation and the House of Rep10 resentatives Committee on Transportation and Infra11 structure setting forth the Administrator’s findings 

12 and conclusions concerning the projects. 

13 (4) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the Ad15 ministrator for fiscal years 2010 and 2011 such sums 

16 as may be necessary to conduct the pilot projects. 

17 (d) UNMANNED AIRCRAFT SYSTEMS ROADMAP.—With18 in 30 days after the date of enactment of this Act, the Ad19 ministrator of the Federal Aviation Administration shall 

20 approve and make available in print and on the Adminis21 tration’s website a 5-year ‘‘roadmap’’ for the introduction 

22 of unmanned aircraft systems into the National Airspace 

23 System being coordinated by its Unmanned Aircraft Pro24 gram Office. The Administrator shall update the ‘‘road25 map’’ annually. 


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1 (e) UPDATED POLICY STATEMENT.—Not later than 90 

2 days after the date of enactment of this Act, the Adminis3 trator shall issue a notice of proposed rulemaking to update 

4 the Administration’s most recent policy statement on un5 manned aircraft systems, Docket No. FAA-2006-25714. 

6 (f) EXPANDING THE USE OF UAS IN THE ARCTIC.— 

7 Within 6 months after the date of enactment of this Act, 

8 the Administrator, in consultation with the National Oce9 anic and Atmospheric Administration, the Coast Guard, 

10 and other Federal agencies as appropriate, shall identify 

11 permanent areas in the Arctic where small unmanned air12 craft may operate 24 hours per day from 2000 feet to the 

13 surface and beyond line-of-sight for research and commer14 cial purposes. Within 12 months after the date of enactment 

15 of this Act, the Administrator shall have established and 

16 implemented a single process for approving unmanned air17 craft use in the designated arctic regions regardless of 

18 whether the unmanned aircraft is used as a public aircraft, 

19 a civil aircraft, or as a model aircraft. 

20 (g) DEFINTIONS.—In this section: 

21 (1) ARCTIC.—The term ‘‘Arctic’’ means the 

22 United States zone of the Chukchi, Beaufort, and Ber23 ing Sea north of the Aleutian chain. 

24 (2) PERMANENT AREAS.—The term ‘‘permanent 

25 areas’’ means areas on land or water that provide for 


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1 terrestrial launch and recovery of small unmanned 

2 aircraft. 

3 SEC. 609. REAUTHORIZATION OF CENTER OF EXCELLENCE 

4 IN APPLIED RESEARCH AND TRAINING IN 

5 THE USE OF ADVANCED MATERIALS IN 

6 TRANSPORT AIRCRAFT. 

7 Section 708(b) of the Vision 100—Century of Aviation 

8 Reauthorization Act (49 U.S.C. 44504 note) is amended by 

9 striking ‘‘$500,000 for fiscal year 2004’’ and inserting 

10 ‘‘$1,000,000 for each of fiscal years 2008 through 2012’’. 

11 SEC. 610. PILOT PROGRAM FOR ZERO EMISSION AIRPORT 

12 VEHICLES. 

13 (a) IN GENERAL.—Subchapter I of chapter 471 is 

14 amended by inserting after section 47136 the following: 

15 ‘‘§ 47136A. Zero emission airport vehicles and infra16 structure 

17 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

18 shall establish a pilot program under which the sponsor of 

19 a public-use airport may use funds made available under 

20 section 47117 or section 48103 for use at such airports or 

21 passenger facility revenue (as defined in section 

22 40117(a)(6)) to carry out activities associated with the ac23 quisition and operation of zero emission vehicles (as defined 

24 in section 88.120–94 of title 40, Code of Federal Regula25 tions), including the construction or modification of infraVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 structure to facilitate the delivery of fuel and services nec2 essary for the use of such vehicles. Any use of funds author3 ized by the preceding sentence shall be considered to be an 

4 authorized use of funds under section 47117 or section 

5 48103, or an authorized use of passenger facility revenue 

6 (as defined in section 40117(a)(6)), as the case may be. 

7 ‘‘(b) LOCATION IN AIR QUALITY NONATTAINMENT

8 AREAS.— 

9 ‘‘(1) IN GENERAL.—A public-use airport shall be 

10 eligible for participation in the pilot program only if 

11 the airport is located in an air quality nonattain12 ment area (as defined in section 171(2) of the Clean 

13 Air Act (42 U.S.C. 7501(2))). 

14 ‘‘(2) SHORTAGE OF CANDIDATES.—If the Sec15 retary receives an insufficient number of applications 

16 from public-use airports located in such areas, then 

17 the Secretary may consider applications from public18 use airports that are not located in such areas. 

19 ‘‘(c) SELECTION CRITERIA.—In selecting from among 

20 applicants for participation in the program, the Secretary 

21 shall give priority consideration to applicants that will 

22 achieve the greatest air quality benefits measured by the 

23 amount of emissions reduced per dollar of funds expended 

24 under the program. 


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1 ‘‘(d) FEDERAL SHARE.—Notwithstanding any other 

2 provision of this subchapter, the Federal share of the costs 

3 of a project carried out under the program shall be 50 per4 cent. 

5 ‘‘(e) TECHNICAL ASSISTANCE.— 

6 ‘‘(1) IN GENERAL.—The sponsor of a public-use 

7 airport carrying out activities funded under the pro8 gram may not use more than 10 percent of the 

9 amounts made available under the program in any 

10 fiscal year for technical assistance in carrying out 

11 such activities. 

12 ‘‘(2) ELIGIBLE CONSORTIUM.—To the maximum 

13 extent practicable, participants in the program shall 

14 use an eligible consortium (as defined in section 5506 

15 of this title) in the region of the airport to receive 

16 technical assistance described in paragraph (1). 

17 ‘‘(f) MATERIALS IDENTIFYING BEST PRACTICES.—The 

18 Secretary may develop and make available materials iden19 tifying best practices for carrying out activities funded 

20 under the program based on projects carried out under sec21 tion 47136 and other sources.’’. 

22 (b) REPORT ON EFFECTIVENESS OF PROGRAM.—Not 

23 later than 18 months after the date of enactment of this 

24 section, the Secretary of Transportation shall transmit a 

25 report to the Senate Committee on Commerce, Science, and 


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1 Transportation the House of Representatives Committee on 

2 Transportation and Infrastructure containing— 

3 (1) an evaluation of the effectiveness of the pilot 

4 program; 

5 (2) an identification of all public-use airports 

6 that expressed an interest in participating in the pro7 gram; and 

8 (3) a description of the mechanisms used by the 

9 Secretary to ensure that the information and know10 how gained by participants in the program is trans11 ferred among the participants and to other interested 

12 parties, including other public-use airports. 

13 (c) CONFORMING AMENDMENT.—The table of contents 

14 for chapter 471 is amended by inserting after the item relat15 ing to section 47136 the following: 

‘‘47136A. Zero emission airport vehicles and infrastructure.’’. 

16 SEC. 611. REDUCTION OF EMISSIONS FROM AIRPORT 

17 POWER SOURCES. 

18 (a) IN GENERAL.—Subchapter I of chapter 471 is 

19 amended by inserting after section 47140 the following: 

20 ‘‘§ 47140A. Reduction of emissions from airport power 

21 sources 

22 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

23 shall establish a program under which the sponsor of each 

24 airport eligible to receive grants under section 48103 is en25 couraged to assess the airport’s energy requirements, includVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 ing heating and cooling, base load, back-up power, and 

2 power for on-road airport vehicles and ground support 

3 equipment, in order to identify opportunities to reduce 

4 harmful emissions and increase energy efficiency at the air5 port. 

6 ‘‘(b) GRANTS.—The Secretary may make grants under 

7 section 48103 to assist airport sponsors that have completed 

8 the assessment described in subsection (a) to acquire or con9 struct equipment, including hydrogen equipment and re10 lated infrastructure, that will reduce harmful emissions and 

11 increase energy efficiency at the airport. To be eligible for 

12 such a grant, the sponsor of such an airport shall submit 

13 an application to the Secretary, at such time, in such man14 ner, and containing such information as the Secretary may 

15 require.’’. 

16 (b) CONFORMING AMENDMENT.—The table of contents 

17 for chapter 471 is amended by inserting after the item relat18 ing to section 47140 the following: 

‘‘47140A. Reduction of emissions from airport power sources.’’. 

19 SEC. 612. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL 

20 AIDES AND OTHER ASSETS. 

21 (a) SURVEY AND ASSESSMENT.— 

22 (1) IN GENERAL.—In order to address safety and 

23 operational concerns associated with the construction, 

24 alteration, establishment, or expansion of wind farms 

25 in proximity to critical FAA facilities, the AdminisVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 trator shall, within 60 days after the date of enact2 ment of this Act, complete a survey and assessment of 

3 leases for critical FAA facility sites, including— 

4 (A) an inventory of the leases that describes, 

5 for each such lease— 

6 (i) the periodic cost, location, site, 

7 terms, number of years remaining, and les8 sor; 

9 (ii) other Administration facilities that 

10 share the leasehold, including surveillance 

11 and communications equipment; and 

12 (iii) the type of transmission services 

13 supported, including the terms of service, 

14 cost, and support contract obligations for 

15 the services; and 

16 (B) a list of those leases for facilities located 

17 in or near areas suitable for the construction 

18 and operation of wind farms, as determined by 

19 the Administrator in consultation with the Sec20 retary of Energy. 

21 (2) REPORT.—Upon completion of the survey 

22 and assessment, the Administrator shall submit a re23 port to the Senate Committee on Commerce, Science, 

24 and Transportation, the House of Representatives 

25 Committee on Transportation and Infrastructure, 


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1 and the Comptroller General containing the Adminis2 trator’s findings, conclusions, and recommendations. 

3 (b) GAO ASSESSMENT.— 

4 (1) IN GENERAL.—Within 180 days after receiv5 ing the Administrator’s report under subsection 

6 (a)(2), the Comptroller General, in consultation with 

7 the Administrator, shall— 

8 (A) complete an assessment of the current 

9 and potential impact of wind farms on the na10 tional airspace system; 

11 (B) complete an assessment of the extent to 

12 which Federal policies and laws that encourage 

13 or facilitate the development of wind farms have 

14 an impact on implementation of the Next Gen15 eration air traffic control system, including the 

16 installation of navigational aides associated with 

17 that system; 

18 (C) determine what resources the Federal 

19 Aviation Administration would need to mitigate 

20 any obstruction to navigation attributable to 

21 wind farms under the existing air traffic control 

22 system or the Next Generation air traffic control 

23 system; 

24 (D) recommend a new procedure, or im25 provements to the current procedure, to the AdVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 ministration for mitigation of potential conflicts 

2 between navigational aides and wind farms, 

3 with an emphasis on early involvement of the 

4 Administration in the planning stages for wind 

5 farms; and 

6 (E) develop a matrix that will indicate how 

7 close to navigational aides wind farms can be lo8 cated and how many turbines can reasonably be 

9 placed in the vicinity of such aides. 

10 (2) REPORT.—Upon completion of the assess11 ments, the Comptroller General shall submit a report 

12 to the Senate Committee on Commerce, Science, and 

13 Transportation, the House of Representatives Com14 mittee on Transportation and Infrastructure, and the 

15 Administrator containing the Comptroller General’s 

16 findings, conclusions, and recommendations. 

17 (c) ISSUANCE OF GUIDELINES; PUBLIC INFORMA18 TION.— 

19 (1) GUIDANCE.—Within 60 days after the Ad20 ministrator receives the Comptroller’s recommenda21 tions, the Administrator shall publish guidelines for 

22 the construction and operation of wind farms to be lo23 cated in proximity to critical Federal Aviation Ad24 ministration facilities. The guidelines may include— 


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1 (A) the establishment of a zone system for 

2 wind farms based on proximity to critical FAA 

3 assets; 

4 (B) the establishment of turbine height and 

5 density limitations on such wind farms; 

6 (C) requirements for notice to the Adminis7 tration under section 44718(a) of title 49, 

8 United States Code, before the construction, al9 teration, establishment, or expansion of a such a 

10 wind farm; and 

11 (D) any other requirements or recommenda12 tions designed to address Administration safety 

13 or operational concerns related to the construc14 tion, alteration, establishment, or expansion of 

15 such wind farms. 

16 (2) PUBLIC ACCESS TO INFORMATION.—To the 

17 extent feasible, taking into consideration security, 

18 operational, and public safety concerns (as deter19 mined by the Administrator), the Administrator shall 

20 provide public access to information regarding the 

21 planning, construction, and operation of wind farms 

22 in proximity to critical FAA facilities on, or by link23 age from, the homepage of the Federal Aviation Ad24 ministration’s public website. 


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1 (d) CONSULTATION WITH OTHER FEDERAL AGEN2 CIES.—In carrying out this section, the Administrator and 

3 the Comptroller General shall consult, as appropriate, with 

4 the Secretaries of the Army, the Navy, the Air Force, Home5 land Security, and Energy— 

6 (1) to coordinate the requirements of each de7 partment for future air space needs; 

8 (2) to determine what the acceptable risks are to 

9 the existing infrastructure of each department; and 

10 (3) to define the different levels of risk for such 

11 infrastructure. 

12 (e) REPORTS.—The Administrator and the Comp13 troller General shall provide a copy of reports under sub14 sections (a) and (b), respectively, to the Senate Committee 

15 on Homeland Security and Governmental Affairs, the Sen16 ate Committee on Armed Services, the House of Representa17 tives Committee on Homeland Security, the House of Rep18 resentatives Committee on Armed Services, and the House 

19 of Representatives Committee on Science and Technology, 

20 as appropriate. 

21 (f) DEFINITIONS.—In this section: 

22 (1) ADMINISTRATION.—The term ‘‘Administra23 tion’’ means the Federal Aviation Administration. 


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1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Federal Avia3 tion Administration. 

4 (3) CRITICAL FAA FACILITIES.—The term ‘‘crit5 ical FAA facilities’’ means facilities on which are lo6 cated navigational aides, surveillance systems, or 

7 communications systems used by the Administration 

8 in administration of the national airspace system. 

9 (4) WIND FARM.—The term ‘‘wind farm’’ means 

10 an installation of 1 or more wind turbines used for 

11 the generation of electricity. 

12 SEC. 613. RESEARCH AND DEVELOPMENT FOR EQUIPMENT 

13 TO CLEAN AND MONITOR THE ENGINE AND 

14 APU BLEED AIR SUPPLIED ON PRESSURIZED 

15 AIRCRAFT. 

16 (a) IN GENERAL.—Not later than 60 days after the 

17 date of enactment of this Act, the Administrator of the Fed18 eral Aviation Administration shall, to the degree prac19 ticable, implement a research program for the identification 

20 or development of appropriate and effective air cleaning 

21 technology and sensor technology for the engine and auxil22 iary power unit (APU) bleed air supplied to the passenger 

23 cabin and flight deck of all pressurized aircraft. 


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1 (b) TECHNOLOGY REQUIREMENTS.—The technology re2 ferred to in subsection (a) should, at a minimum, have the 

3 capacity— 

4 (1) to remove oil-based contaminants from the 

5 bleed air supplied to the passenger cabin and flight 

6 deck; and 

7 (2) to detect and record oil-based contaminants 

8 in the portion of the total air supplied to the pas9 senger cabin and flight deck from bleed air. 

10 (c) REPORT.—Not later than 1 year after the date of 

11 enactment of this Act, the Administrator shall submit to 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate and the Committee on Transportation and 

14 Infrastructure of the House of Representatives a report on 

15 the results of the research and development work carried 

16 out under this section. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

18 authorized to be appropriated such sums are as necessary 

19 to carry out this section. 

20 TITLE VII—MISCELLANEOUS 

21 SEC. 701. GENERAL AUTHORITY. 

22 (a) THIRD PARTY LIABILITY.—Section 44303(b) is 

23 amended by striking ‘‘December 31, 2009,’’ and inserting 

24 ‘‘December 31, 2012,’’. 


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1 (b) EXTENSION OF PROGRAM AUTHORITY.—Section 

2 44310 is amended by striking ‘‘December 31, 2013.’’ and 

3 inserting ‘‘October 1, 2017.’’. 

4 (c) WAR RISK.—Section 44302(f)(1) is amended— 

5 (1) by striking ‘‘September 30, 2009,’’ and in6 serting ‘‘September 30, 2011,’’; and 

7 (2) by striking ‘‘December 31, 2009,’’ and insert8 ing ‘‘December 31, 2011,’’. 

9 SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY. 

10 Within 6 months after the date of enactment of this 

11 Act, the Administrator of the Federal Aviation Administra12 tion shall develop a Human Intervention Management 

13 Study program for cabin crews employed by commercial 

14 air carriers in the United States. 

15 SEC. 703. AIRPORT PROGRAM MODIFICATIONS. 

16 The Administrator of the Federal Aviation Adminis17 tration— 

18 (1) shall establish a formal, structured certifi19 cation training program for the airport concessions 

20 disadvantaged business enterprise program; and 

21 (2) may appoint 3 additional staff to implement 

22 the programs of the airport concessions disadvantaged 

23 business enterprise initiative. 


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1 SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS. 

2 (a) MARSHALL ISLANDS, FEDERATED STATES OF MI3 CRONESIA, AND PALAU.—Section 47115(j) is amended by 

4 striking ‘‘2009,’’ and inserting ‘‘2011,’’. 

5 (b) MIDWAY ISLAND AIRPORT.—Section 186(d) of the 

6 Vision 100—Century of Aviation Reauthorization Act (117 

7 Stat. 2518) is amended by striking ‘‘2009,’’ and inserting 

8 ‘‘2011,’’. 

9 SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

10 Section 47107(s) is amended by striking paragraph 

11 (3). 

12 SEC. 706. UPDATE ON OVERFLIGHTS. 

13 (a) IN GENERAL.—Section 45301(b) is amended to 

14 read as follows: 

15 ‘‘(b) LIMITATIONS.— 

16 ‘‘(1) IN GENERAL.—In establishing fees under 

17 subsection (a), the Administrator shall ensure that the 

18 fees required by subsection (a) are reasonably related 

19 to the Administration’s costs, as determined by the 

20 Administrator, of providing the services rendered. 

21 Services for which costs may be recovered include the 

22 costs of air traffic control, navigation, weather serv23 ices, training, and emergency services which are 

24 available to facilitate safe transportation over the 

25 United States, and other services provided by the Ad26 ministrator or by programs financed by the AdminisVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 trator to flights that neither take off nor land in the 

2 United States. The determination of such costs by the 

3 Administrator is not subject to judicial review. 

4 ‘‘(2) ADJUSTMENT OF FEES.—The Administrator 

5 shall adjust the overflight fees established by sub6 section (a)(1) by expedited rulemaking and begin col7 lections under the adjusted fees by October 1, 2010. In 

8 developing the adjusted overflight fees, the Adminis9 trator shall seek and consider the recommendations, if 

10 any, offered by the Aviation Rulemaking Committee 

11 for Overflight Fees that are intended to ensure that 

12 overflight fees are reasonably related to the Adminis13 trator’s costs of providing air traffic control and re14 lated services to overflights. In addition, the Adminis15 trator may periodically modify the fees established 

16 under this section either on the Administrator’s own 

17 initiative or on a recommendation from the Air Traf18 fic Control Modernization Board. 

19 ‘‘(3) COST DATA.—The adjustment of overflight 

20 fees under paragraph (2) shall be based on the costs 

21 to the Administration of providing the air traffic con22 trol and related activities, services, facilities, and 

23 equipment using the available data derived from the 

24 Administration’s cost accounting system and cost alVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 location system to users, as well as budget and oper2 ational data. 

3 ‘‘(4) AIRCRAFT ALTITUDE.—Nothing in this sec4 tion shall require the Administrator to take into ac5 count aircraft altitude in establishing any fee for air6 craft operations in en route or oceanic airspace. 

7 ‘‘(5) COSTS DEFINED.—In this subsection, the 

8 term ‘costs’ means those costs associated with the op9 eration, maintenance, debt service, and overhead ex10 penses of the services provided and the facilities and 

11 equipment used in such services, including the pro12 jected costs for the period during which the services 

13 will be provided. 

14 ‘‘(6) PUBLICATION; COMMENT.—The Adminis15 trator shall publish in the Federal Register any fee 

16 schedule under this section, including any adjusted 

17 overflight fee schedule, and the associated collection 

18 process as a proposed rule, pursuant to which public 

19 comment will be sought and a final rule issued.’’. 

20 (b) ADMINISTRATIVE PROVISION.—Section 45303(c)(2) 

21 is amended to read as follows: 

22 ‘‘(2) shall be available to the Administrator for 

23 expenditure for purposes authorized by Congress for 

24 the Federal Aviation Administration, however, fees es25 tablished by section 45301(a)(1) of title 49 of the 


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1 United States Code shall be available only to pay the 

2 cost of activities and services for which the fee is im3 posed, including the costs to determine, assess, review, 

4 and collect the fee; and’’. 

5 SEC. 707. TECHNICAL CORRECTIONS. 

6 Section 40122(g), as amended by section 307 of this 

7 Act, is further amended— 

8 (1) by striking ‘‘section 2302(b), relating to 

9 whistleblower protection,’’ in paragraph (2)(A) and 

10 inserting ‘‘sections 2301 and 2302,’’; 

11 (2) by striking ‘‘and’’ after the semicolon in 

12 paragraph (2)(H); 

13 (3) by striking ‘‘Plan.’’ in paragraph (2)(I)(iii) 

14 and inserting ‘‘Plan;’’; 

15 (4) by adding at the end of paragraph (2) the 

16 following: 

17 ‘‘(J) section 5596, relating to back pay; and 

18 ‘‘(K) sections 6381 through 6387, relating to 

19 Family and Medical Leave.’’; and 

20 (5) by adding at the end of paragraph (3) ‘‘Not21 withstanding any other provision of law, retroactive 

22 to April 1, 1996, the Board shall have the same reme23 dial authority over such employee appeals that it had 

24 as of March 31, 1996.’’. 


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1 SEC. 708. FAA TECHNICAL TRAINING AND STAFFING. 

2 (a) STUDY.— 

3 (1) IN GENERAL.—The Comptroller General shall 

4 conduct a study of the training of airway transpor5 tation systems specialists of the Federal Aviation Ad6 ministration that includes— 

7 (A) an analysis of the type of training pro8 vided to such specialists; 

9 (B) an analysis of the type of training that 

10 such specialists need to be proficient in the 

11 maintenance of the latest technologies; 

12 (C) actions that the Administration has un13 dertaken to ensure that such specialists receive 

14 up-to-date training on such technologies; 

15 (D) the amount and cost of training pro16 vided by vendors for such specialists; 

17 (E) the amount and cost of training pro18 vided by the Administration after developing in19 house training courses for such specialists; 

20 (F) the amount and cost of travel required 

21 of such specialists in receiving training; and 

22 (G) a recommendation regarding the most 

23 cost-effective approach to providing such train24 ing. 

25 (2) REPORT.—Within 1 year after the date of 

26 enactment of this Act, the Comptroller General shall 


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1 transmit a report on the study containing the Comp2 troller General’s findings and recommendations to the 

3 Senate Committee on Commerce, Science, and Trans4 portation and the House of Representatives Com5 mittee on Transportation and Infrastructure. 

6 (b) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 

7 (1) IN GENERAL.—Not later than 90 days after 

8 the date of enactment of this Act, the Administrator 

9 of the Federal Aviation Administration shall contract 

10 with the National Academy of Sciences to conduct a 

11 study of the assumptions and methods used by the 

12 Federal Aviation Administration to estimate staffing 

13 needs for Federal Aviation Administration air traffic 

14 controllers, system specialists, and engineers to ensure 

15 proper maintenance, certification, and operation of 

16 the National Airspace System. The National Academy 

17 of Sciences shall consult with the Exclusive Bar18 gaining Representative certified under section 7111 of 

19 title 5, United States Code, and the Administration 

20 (including the Civil Aeronautical Medical Institute) 

21 and examine data entailing human factors, traffic ac22 tivity, and the technology at each facility. 

23 (2) CONTENTS.—The study shall include— 


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1 (A) recommendations for objective staffing 

2 standards that maintain the safety of the Na3 tional Airspace System; and 

4 (B) the approximate length of time for de5 veloping such standards. 

6 (3) REPORT.—Not later than 24 months after 

7 executing a contract under subsection (a), the Na8 tional Academy of Sciences shall transmit a report 

9 containing its findings and recommendations to the 

10 Congress. 

11 (c) AVIATION SAFETY INSPECTORS.— 

12 (1) SAFETY STAFFING MODEL.—Within 12 

13 months after the date of enactment of this Act, the 

14 Administrator of the Federal Aviation Administra15 tion shall develop a staffing model for aviation safety 

16 inspectors. In developing the model, the Adminis17 trator shall consult with representatives of the avia18 tion safety inspectors and other interested parties. 

19 (2) SAFETY INSPECTOR STAFFING.—The Federal 

20 Aviation Administration aviation safety inspector 

21 staffing requirement shall be no less than the staffing 

22 levels indicated as necessary in the staffing model de23 scribed under subsection (a). 


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1 SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN NA2 TIONAL PARKS. 

3 (a) SECRETARY OF THE INTERIOR AND OVERFLIGHTS

4 OF NATIONAL PARKS.— 

5 (1) Section 40128 is amended— 

6 (A) by striking paragraph (8) of subsection 

7 (f); 

8 (B) by striking ‘‘Director’’ each place it ap9 pears and inserting ‘‘Secretary of the Interior’’; 

10 (C) by striking ‘‘National Park Service’’ in 

11 subsection (a)(2)(B)(vi) and inserting ‘‘Depart12 ment of the Interior’’; and 

13 (D) by striking ‘‘National Park Service’’ in 

14 subsection (b)(4)(C) and inserting ‘‘Department 

15 of the Interior’’. 

16 (2) The National Parks Air Tour Management 

17 Act of 2000 (49 U.S.C. 40128 note) is amended— 

18 (A) by striking ‘‘Director’’ in section 804(b) 

19 and inserting ‘‘Secretary of the Interior’’; 

20 (B) in section 805— 

21 (i) by striking ‘‘Director of the Na22 tional Park Service’’ in subsection (a) and 

23 inserting ‘‘Secretary of the Interior’’; 

24 (ii) by striking ‘‘Director’’ each place 

25 it appears and inserting ‘‘Secretary of the 

26 Interior’’; 


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1 (iii) by striking ‘‘National Park Serv2 ice’’ each place it appears in subsection (b) 

3 and inserting ‘‘Department of the Interior’’; 

4 (iv) by striking ‘‘National Park Serv5 ice’’ in subsection (d)(2) and inserting ‘‘De6 partment of the Interior’’; and 

7 (C) in section 807— 

8 (i) by striking ‘‘National Park Serv9 ice’’ in subsection (a)(1) and inserting ‘‘De10 partment of the Interior’’; and 

11 (ii) by striking ‘‘Director of the Na12 tional Park Service’’ in subsection (b) and 

13 inserting ‘‘Secretary of the Interior’’. 

14 (b) ALLOWING OVERFLIGHTS IN CASE OF AGREE15 MENT.—Paragraph (1) of subsection (a) of section 40128 

16 is amended— 

17 (1) by striking ‘‘and’’ after the semicolon in sub18 paragraph (B); 

19 (2) by striking ‘‘lands.’’ in subparagraph (C) 

20 and inserting ‘‘lands; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(D) in accordance with a voluntary agree23 ment between the commercial air tour operator 

24 and appropriate representatives of the national 

25 park or tribal lands, as the case may be.’’. 


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1 (c) MODIFICATION OF INTERIM OPERATING AUTHOR2 ITY.—Section 40128(c)(2)(I) is amended to read as follows: 

3 ‘‘(I) may allow for modifications of the in4 terim operating authority without further envi5 ronmental process, if— 

6 ‘‘(i) adequate information on the exist7 ing and proposed operations of the commer8 cial air tour operator is provided to the Ad9 ministrator and the Secretary by the oper10 ator seeking operating authority; 

11 ‘‘(ii) the Administrator determines that 

12 the modifications would not adversely affect 

13 aviation safety or the management of the 

14 national airspace system; and 

15 ‘‘(iii) the Secretary agrees that the 

16 modifications would not adversely affect 

17 park resources and visitor experiences.’’. 

18 (d) REPORTING REQUIREMENTS FOR COMMERCIAL

19 AIR TOUR OPERATORS.— 

20 (1) IN GENERAL.—Not later than 90 days after 

21 the date of the enactment of this Act, and annually 

22 thereafter, each commercial air tour conducting com23 mercial air tour operations over a national park shall 

24 report to the Administrator of the Federal Aviation 


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1 Administration and the Secretary of the Interior 

2 on— 

3 (A) the number of commercial air tour op4 erations conducted by such operator over the na5 tional park each day; 

6 (B) any relevant characteristics of commer7 cial air tour operations, including the routes, al8 titudes, duration, and time of day of flights; and 

9 (C) such other information as the Adminis10 trator and the Secretary may determine nec11 essary to administer the provisions of the Na12 tional Parks Air Tour Management Act of 2000 

13 (49 U.S.C. 40128 note). 

14 (2) FORMAT.—The report required by paragraph 

15 (1) shall be submitted in such form as the Adminis16 trator and the Secretary determine to be appropriate. 

17 (3) EFFECT OF FAILURE TO REPORT.—The Ad18 ministrator shall rescind the operating authority of a 

19 commercial air tour operator that fails to file a re20 port not later than 180 days after the date for the 

21 submittal of the report described in paragraph (1). 

22 (4) AUDIT OF REPORTS.—Not later than 2 years 

23 after the date of the enactment of this Act, and at 

24 such times thereafter as the Inspector General of the 

25 Department of Transportation determines necessary, 


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1 the Inspector General shall audit the reports required 

2 by paragraph (1). 

3 (e) COLLECTION OF FEES FROM AIR TOUR OPER4 ATIONS.— 

5 (1) IN GENERAL.—The Secretary of the Interior 

6 may assess a fee in an amount determined by the Sec7 retary under paragraph (2) on a commercial air tour 

8 operator conducting commercial air tour operations 

9 over a national park. 

10 (2) AMOUNT OF FEE.—In determining the 

11 amount of the fee assessed under paragraph (1), the 

12 Secretary shall consider the cost of developing air 

13 tour management plans for each national park. 

14 (3) EFFECT OF FAILURE TO PAY FEE.—The Ad15 ministrator of the Federal Aviation Administration 

16 shall revoke the operating authority of a commercial 

17 air tour operator conducting commercial air tour op18 erations over any national park, including the Grand 

19 Canyon National Park, that has not paid the fee as20 sessed by the Secretary under paragraph (1) by the 

21 date that is 180 days after the date on which the Sec22 retary determines the fee shall be paid. 

23 (f) AUTHORIZATION OF APPROPRIATIONS FOR AIR

24 TOUR MANAGEMENT PLANS.— 


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1 (1) IN GENERAL.—There are authorized to be ap2 propriated $10,000,000 to the Secretary of the Inte3 rior for the development of air tour management 

4 plans under section 40128(b) of title 49, United 

5 States Code. 

6 (2) USE OF FUNDS.—The funds authorized to be 

7 appropriated by paragraph (1) shall be used to de8 velop air tour management plans for the national 

9 parks the Secretary determines would most benefit 

10 from such a plan. 

11 (g) GUIDANCE TO DISTRICT OFFICES ON COMMERCIAL

12 AIR TOUR OPERATORS.—The Administrator of the Federal 

13 Aviation Administration shall provide to the Administra14 tion’s district offices clear guidance on the ability of com15 mercial air tour operators to obtain— 

16 (1) increased safety certifications; 

17 (2) exemptions from regulations requiring safety 

18 certifications; and 

19 (3) other information regarding compliance with 

20 the requirements of this Act and other Federal and 

21 State laws and regulations. 

22 (h) OPERATING AUTHORITY OF COMMERCIAL AIR

23 TOUR OPERATORS.— 

24 (1) TRANSFER OF OPERATING AUTHORITY.— 


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1 (A) IN GENERAL.—Subject to subparagraph 

2 (B), a commercial air tour operator that obtains 

3 operating authority from the Administrator 

4 under section 40128 of title 49, United States 

5 Code, to conduct commercial air tour operations 

6 may transfer such authority to another commer7 cial air tour operator at any time. 

8 (B) NOTICE.—Not later than 30 days before 

9 the date on which a commercial air tour oper10 ator transfers operating authority under sub11 paragraph (A), the operator shall notify the Ad12 ministrator and the Secretary of the intent of the 

13 operator to transfer such authority. 

14 (C) REGULATIONS.—Not later than 180 

15 days after the date of the enactment of this Act, 

16 the Administrator shall prescribe regulations to 

17 allow transfers of operating authority described 

18 in subparagraph (A). 

19 (2) TIME FOR DETERMINATION REGARDING OP20 ERATING AUTHORITY.—Notwithstanding any other 

21 provision of law, the Administrator shall determine 

22 whether to grant a commercial air tour operator oper23 ating authority under section 40128 of title 49, 

24 United States Code, not later than 180 days after the 

25 earlier of the date on which— 


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1 (A) the operator submits an application; or 

2 (B) an air tour management plan is com3 pleted for the national park over which the oper4 ator seeks to conduct commercial air tour oper5 ations. 

6 (3) INCREASE IN INTERIM OPERATING AUTHOR7 ITY.—The Administrator and the Secretary may in8 crease the interim operating authority while an air 

9 tour management plan is being developed for a park 

10 if— 

11 (A) the Secretary determines that such an 

12 increase does not adversely impact park re13 sources or visitor experiences; and 

14 (B) the Administrator determines that 

15 granting interim operating authority does not 

16 adversely affect aviation safety or the manage17 ment of the national airspace system. 

18 (4) ENFORCEMENT OF OPERATING AUTHORITY.— 

19 The Administrator is authorized and directed to en20 force the requirements of this Act and any agency 

21 rules or regulations related to operating authority. 

22 SEC. 710. PHASEOUT OF STAGE 1 AND 2 AIRCRAFT. 

23 (a) IN GENERAL.—Subchapter II of chapter 475 is 

24 amended by adding at the end the following: 


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1 ‘‘§ 47534. Prohibition on operating certain aircraft 

2 weighing 75,000 pounds or less not com3 plying with Stage 3 noise levels 

4 ‘‘(a) PROHIBITION.—Except as provided in subsection 

5 (b), (c), or (d), a person may not operate a civil subsonic 

6 turbojet with a maximum weight of 75,000 pounds or less 

7 to or from an airport in the United States unless the Sec8 retary of Transportation finds that the aircraft complies 

9 with stage 3 noise levels. 

10 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

11 aircraft operated only outside the 48 contiguous States. 

12 ‘‘(c) OPT-OUT.—Subsection (a) shall not apply at an 

13 airport where the airport operator has notified the Sec14 retary that it wants to continue to permit the operation 

15 of civil subsonic turbojets with a maximum weight of 75,000 

16 pounds or less that do not comply with stage 3 noise levels. 

17 The Secretary shall post the notices received under this sub18 section on its website or in another place easily accessible 

19 to the public. 

20 ‘‘(d) LIMITATION.—The Secretary shall permit a per21 son to operate Stage 1 and Stage 2 aircraft with a max22 imum weight of 75,000 pounds or less to or from an airport 

23 in the contiguous 48 States in order— 

24 ‘‘(1) to sell, lease, or use the aircraft outside the 

25 48 contiguous States; 

26 ‘‘(2) to scrap the aircraft; 


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1 ‘‘(3) to obtain modifications to the aircraft to 

2 meet stage 3 noise levels; 

3 ‘‘(4) to perform scheduled heavy maintenance or 

4 significant modifications on the aircraft at a mainte5 nance facility located in the contiguous 48 states; 

6 ‘‘(5) to deliver the aircraft to an operator leasing 

7 the aircraft from the owner or return the aircraft to 

8 the lessor; 

9 ‘‘(6) to prepare or park or store the aircraft in 

10 anticipation of any of the activities described in 

11 paragraphs (1) through (5); or 

12 ‘‘(7) to divert the aircraft to an alternative air13 port in the 48 contiguous States on account of weath14 er, mechanical, fuel air traffic control or other safety 

15 reasons while conducting a flight in order to perform 

16 any of the activities described in paragraphs (1) 

17 through (6). 

18 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in the sec19 tion may be construed as interfering with, nullifying, or 

20 otherwise affecting determinations made by the Federal 

21 Aviation Administration, or to be made by the Administra22 tion, with respect to applications under part 161 of title 

23 14, Code of Federal Regulations, that were pending on the 

24 date of enactment of the Aircraft Noise Reduction Act of 

25 2006.’’. 


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1 (b) CONFORMING AMENDMENTS.— 

2 (1) Section 47531 is amended by striking 

3 ‘‘47529, or 47530’’ and inserting ‘‘47529, 47530, or 

4 47534’’. 

5 (2) Section 47532 is amended by striking 

6 ‘‘47528–47531’’ and inserting ‘‘47528 through 47531 

7 or 47534’’. 

8 (3) The table of contents for chapter 475 is 

9 amended by inserting after the item relating to sec10 tion 47533 the following: 

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less 

not complying with Stage 3 noise levels.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by this 

12 section shall take effect 5 years after the date of enactment 

13 of this Act. 

14 SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT. 

15 On and after the date of the enactment of this Act, 

16 the Administrator of the Federal Aviation Administration 

17 is prohibited from taking actions designed to challenge or 

18 influence weight restrictions or prior permission rules at 

19 Teterboro Airport in Teterboro, New Jersey, except in an 

20 emergency. 

21 SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIR22 PORT PROPERTIES. 

23 (a) IN GENERAL.—Within 1 year after the date of en24 actment of this Act, the Administrator of the Federal AviaVerDate Nov 24 2008 00:40 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6203 E:\BILLS\S1451.RS S1451

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1 tion Administration shall establish a pilot program at up 

2 to 4 public-use airports for local airport operators that have 

3 submitted a noise compatibility program approved by the 

4 Federal Aviation Administration under section 47504 of 

5 title 49, United States Code, under which such airport oper6 ators may use funds made available under section 47117(e) 

7 of that title, or passenger facility revenue collected under 

8 section 40117 of that title, in partnership with affected 

9 neighboring local jurisdictions, to support joint planning, 

10 engineering design, and environmental permitting for the 

11 assembly and redevelopment of property purchased with 

12 noise mitigation funds or passenger facility charge funds, 

13 to encourage airport-compatible land uses and generate eco14 nomic benefits to the local airport authority and adjacent 

15 community. 

16 (b) NOISE COMPATIBILITY MEASURES.—Section 

17 47504(a)(2) is amended— 

18 (1) by striking ‘‘and’’ after the semicolon in sub19 paragraph (D); 

20 (2) by striking ‘‘operations.’’ in subparagraph 

21 (E) and inserting ‘‘operations; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(F) joint comprehensive land use planning in24 cluding master plans, traffic studies, environmental 

25 evaluation and economic and feasibility studies, with 


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1 neighboring local jurisdictions undertaking commu2 nity redevelopment in the area where the land or 

3 other property interest acquired by the airport oper4 ator pursuant to this subsection is located, to encour5 age and enhance redevelopment opportunities that re6 flect zoning and uses that will prevent the introduc7 tion of additional incompatible uses and enhance re8 development potential.’’. 

9 (c) GRANT REQUIREMENTS.—The Administrator may 

10 not make a grant under subsection (a) unless the grant is 

11 made— 

12 (1) to enable the airport operator and local juris13 dictions undertaking the community redevelopment 

14 effort to expedite redevelopment efforts; 

15 (2) subject to a requirement that the local juris16 diction governing the property interests in question 

17 has adopted zoning regulations that permit airport 

18 compatible redevelopment; and 

19 (3) subject to a requirement that, in determining 

20 the part of the proceeds from disposing of the land 

21 that is subject to repayment or reinvestment under 

22 section 47107(c)(2)(A) of title 49, United States Code, 

23 the total amount of the grant issued under this section 

24 shall be added to the amount of any grants issued for 

25 acquisition of land. 


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1 (d) DEMONSTRATION GRANTS.— 

2 (1) IN GENERAL.—The Administrator shall pro3 vide grants for up to 4 pilot property redevelopment 

4 projects distributed geographically and targeted to 

5 airports that demonstrate— 

6 (A) a readiness to implement cooperative 

7 land use management and redevelopment plans 

8 with the adjacent community; and 

9 (B) the probability of clear economic benefit 

10 to the local community and financial return to 

11 the airport through the implementation of the re12 development plan. 

13 (2) FEDERAL SHARE.— 

14 (A) Notwithstanding any other provision of 

15 law, the Federal share of the allowable costs of a 

16 project carried out under the pilot program shall 

17 be 80 percent. 

18 (B) In determining the allowable costs, the 

19 Administrator shall deduct from the total costs of 

20 the activities described in subsection (a) that 

21 portion of the costs which is equal to that por22 tion of the total property to be redeveloped under 

23 this section that is not owned or to be acquired 

24 by the airport operator pursuant to the noise 

25 compatibility program or that is not owned by 


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1 the affected neighboring local jurisdictions or 

2 other public entities. 

3 (3) MAXIMUM AMOUNT.—Not more than 

4 $5,000,000 in funds made available under section 

5 47117(e) of title 49, United States Code, may be ex6 pended under the pilot program at any single public7 use airport. 

8 (4) EXCEPTION.—Amounts paid to the Adminis9 trator under subsection (c)(3)— 

10 (A) shall be in addition to amounts author11 ized under section 48203 of title 49, United 

12 States Code; 

13 (B) shall not be subject to any limitation on 

14 grant obligations for any fiscal year; and 

15 (C) shall remain available until expended. 

16 (e) USE OF PASSENGER REVENUE.—An airport spon17 sor that owns or operates an airport participating in the 

18 pilot program may use passenger facility revenue collected 

19 under section 40117 of title 49, United States Code, to pay 

20 any project cost described in subsection (a) that is not fi21 nanced by a grant under the program. 

22 (f) SUNSET.—This section, other than the amendments 

23 made by subsections (b), shall not be in effect after Sep24 tember 30, 2011. 


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1 (g) REPORT TO CONGRESS.—The Administrator shall 

2 report to Congress within 18 months after making the first 

3 grant under this section on the effectiveness of this program 

4 on returning part 150 lands to productive use. 

5 SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS. 

6 (a) IN GENERAL.—Subchapter I of chapter 417 is 

7 amended by adding at the end thereof the following: 

8 ‘‘§ 41724. Musical instruments 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAG11 GAGE.—An air carrier providing air transportation 

12 shall permit a passenger to carry a violin, guitar, or 

13 other musical instrument in the aircraft cabin with14 out charge if— 

15 ‘‘(A) the instrument can be stowed safely in 

16 a suitable baggage compartment in the aircraft 

17 cabin or under a passenger seat; and 

18 ‘‘(B) there is space for such stowage at the 

19 time the passenger boards the aircraft. 

20 ‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAG21 GAGE.—An air carrier providing air transportation 

22 shall permit a passenger to carry a musical instru23 ment that is too large to meet the requirements of 

24 paragraph (1) in the aircraft cabin without charge 

25 if— 


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1 ‘‘(A) the instrument is contained in a case 

2 or covered so as to avoid injury to other pas3 sengers; 

4 ‘‘(B) the weight of the instrument, including 

5 the case or covering, does not exceed 165 pounds; 

6 ‘‘(C) the instrument can be secured by a 

7 seat belt to avoid shifting during flight; 

8 ‘‘(D) the instrument does not restrict access 

9 to, or use of, any required emergency exit, reg10 ular exit, or aisle; 

11 ‘‘(E) the instrument does not obscure any 

12 passenger’s view of any illuminated exit, warn13 ing, or other informational sign; 

14 ‘‘(F) neither the instrument nor the case 

15 contains any object not otherwise permitted to be 

16 carried in an aircraft cabin because of a law or 

17 regulation of the United States; and 

18 ‘‘(G) the passenger wishing to carry the in19 strument in the aircraft cabin has purchased an 

20 additional seat to accommodate the instrument. 

21 ‘‘(3) LARGE INSTRUMENTS AS CHECKED BAG22 GAGE.—An air carrier shall transport as baggage, 

23 without charge, a musical instrument that is the 

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1 tation that may not be carried in the aircraft cabin 

2 if— 

3 ‘‘(A) the sum of the length, width, and 

4 height measured in inches of the outside linear 

5 dimensions of the instrument (including the 

6 case) does not exceed 150 inches; and 

7 ‘‘(B) the weight of the instrument does not 

8 exceed 165 pounds. 

9 ‘‘(b) REGULATIONS.—The Secretary may prescribe 

10 such regulations as may be necessary or appropriate to im11 plement subsection (a).’’. 

12 (b) CONFORMING AMENDMENT.—The table of contents 

13 for chapter 417 is amended by inserting after the item relat14 ing to section 41723 the following: 

‘‘41724. Musical instruments.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by this 

16 section shall take effect 30 days after the date of enactment 

17 of this Act. 

18 SEC. 714. RECYCLING PLANS FOR AIRPORTS. 

19 (a) AIRPORT PLANNING.—Section 47102(5) is amend20 ed by striking ‘‘planning.’’ and inserting ‘‘planning and 

21 a plan for recycling and minimizing the generation of air22 port solid waste, consistent with applicable State and local 

23 recycling laws, including the cost of a waste audit.’’. 

24 (b) MASTER PLAN.—Section 47106(a) is amended— 

25 (1) by striking ‘‘and’’ in paragraph (4); 


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1 (2) by striking ‘‘proposed.’’ in paragraph (5) 

2 and inserting ‘‘proposed; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(6) if the project is for an airport that has an 

5 airport master plan, the master plan addresses— 

6 ‘‘(A) the feasibility of solid waste recycling 

7 at the airport; 

8 ‘‘(B) minimizing the generation of solid 

9 waste at the airport; 

10 ‘‘(C) operation and maintenance require11 ments; 

12 ‘‘(D) the review of waste management con13 tracts; 

14 ‘‘(E) the potential for cost savings or the 

15 generation of revenue; and 

16 ‘‘(F) training and education require17 ments.’’. 

18 SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PRO19 GRAM ADJUSTMENTS. 

20 (a) PURPOSE.—It is the purpose of the airport dis21 advantaged business enterprise program (49 U.S.C. 

22 47107(e) and 47113) to ensure that minority- and women23 owned businesses do not face barriers because of their race 

24 or gender and so that they have a fair opportunity to com25 pete in federally assisted airport contracts and concessions. 


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1 (b) FINDINGS.—The Congress finds the following: 

2 (1) While significant progress has occurred due 

3 to the enactment of the airport disadvantaged busi4 ness enterprise program (49 U.S.C. 47107(e) and 

5 47113), discrimination continues to be a barrier for 

6 minority- and women-owned businesses seeking to do 

7 business in airport-related markets. This continuing 

8 barrier merits the continuation of the airport dis9 advantaged business enterprise program. 

10 (2) The Congress has received recent evidence of 

11 discrimination from numerous sources, including con12 gressional hearings and roundtables, scientific reports, 

13 reports issued by public and private agencies, news 

14 stories, reports of discrimination by organizations 

15 and individuals, and discrimination lawsuits. This 

16 evidence also shows that race- and gender-neutral ef17 forts alone are insufficient to address the problem. 

18 (3) This evidence demonstrates that discrimina19 tion across the nation poses a barrier to full and fair 

20 participation in airport related businesses of women 

21 business owners and minority business owners in the 

22 racial groups detailed in parts 23 and 26 of title 49, 

23 Code of Federal Regulations, and has impacted firm 

24 development and many aspects of airport related 

25 business in the public and private markets. 


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1 (4) This evidence provides a strong basis for the 

2 continuation of the airport disadvantaged business 

3 enterprise program and the airport concessions dis4 advantaged business enterprise program. 

5 (c) IN GENERAL.—Section 47107(e) is amended— 

6 (1) by redesignating paragraph (8) as para7 graph (9); and 

8 (2) by inserting after paragraph (7) the fol9 lowing: 

10 ‘‘(8) MANDATORY TRAINING PROGRAM FOR

11 AIRPORT CONCESSIONS.— 

12 ‘‘(A) IN GENERAL.—Not later than one 

13 year after the date of enactment of the FAA 

14 Air Transportation Modernization and 

15 Safety Improvement Act, the Secretary shall 

16 establish a mandatory training program for 

17 persons described in subparagraph (C) on 

18 the certification of whether a small business 

19 concern in airport concessions qualifies as a 

20 small business concern owned and controlled 

21 by a socially and economically disadvan22 taged individual for purposes of paragraph 

23 (1). 

24 ‘‘(B) IMPLEMENTATION.—The training 

25 program may be implemented by one or 


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1 more private entities approved by the Sec2 retary. 

3 ‘‘(C) PARTICIPANTS.—A person re4 ferred to in paragraph (1) is an official or 

5 agent of an airport owner or operator who 

6 is required to provide a written assurance 

7 under paragraph (1) that the airport owner 

8 or operator will meet the percentage goal of 

9 paragraph (1) or who is responsible for de10 termining whether or not a small business 

11 concern in airport concessions qualifies as a 

12 small business concern owned and controlled 

13 by a socially and economically disadvan14 taged individual for purposes of paragraph 

15 (1). 

16 ‘‘(D) AUTHORIZATION OF APPROPRIA17 TIONS.—There are authorized to be appro18 priated to the Secretary such sums as may 

19 be necessary to carry out this paragraph.’’. 

20 (d) REPORT.—Not later than 24 months after the date 

21 of enactment of this Act, the Secretary shall submit a report 

22 to the Senate Committee on Commerce, Science, and Trans23 portation, the House of Representatives Committee on 

24 Transportation and Infrastructure, and other appropriate 

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1 gram conducted under section 47107(e)(8) of title 49, 

2 United States Code, as added by subsection (a). 

3 (e) DISADVANTAGED BUSINESS ENTERPRISE PER4 SONAL NET WORTH CAP; BONDING REQUIREMENTS.—Sec5 tion 47113 is amended by adding at the end the following: 

6 ‘‘(e) PERSONAL NET WORTH CAP.—Not later than 180 

7 days after the date of enactment of the FAA Air Transpor8 tation Modernization and Safety Improvement Act, the Sec9 retary shall issue final regulations to adjust the personal 

10 net worth cap used in determining whether an individual 

11 is economically disadvantaged for purposes of qualifying 

12 under the definition contained in subsection (a)(2) and 

13 under section 47107(e). The regulations shall correct for the 

14 impact of inflation since the Small Business Administra15 tion established the personal net worth cap at $750,000 in 

16 1989. 

17 ‘‘(f) EXCLUSION OF RETIREMENT BENEFITS.— 

18 ‘‘(1) IN GENERAL.—In calculating a business 

19 owner’s personal net worth, any funds held in a 

20 qualified retirement account owned by the business 

21 owner shall be excluded, subject to regulations to be 

22 issued by the Secretary. 

23 ‘‘(2) REGULATIONS.—Not later than one year 

24 after the date of enactment of the FAA Air Transpor25 tation Modernization and Safety Improvement Act, 


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1 the Secretary shall issue final regulations to imple2 ment paragraph (1), including consideration of ap3 propriate safeguards, such as a limit on the amount 

4 of such accounts, to prevent circumvention of personal 

5 net worth requirements. 

6 ‘‘(g) PROHIBITION ON EXCESSIVE OR DISCRIMINATORY

7 BONDING REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall establish 

9 a program to eliminate barriers to small business 

10 participation in airport-related contracts and conces11 sions by prohibiting excessive, unreasonable, or dis12 criminatory bonding requirements for any project 

13 funded under this chapter or using passenger facility 

14 revenues under section 40117. 

15 ‘‘(2) REGULATIONS.—Not later than one year 

16 after the date of enactment of the FAA Air Transpor17 tation Modernization and Safety Improvement Act, 

18 the Secretary shall issue a final rule to establish the 

19 program under paragraph (1).’’. 

20 SEC. 716. FRONT LINE MANAGER STAFFING. 

21 (a) STUDY.—Not later than 45 days after the date of 

22 enactment of this Act, the Administrator of the Federal 

23 Aviation Administration shall initiate a study on front line 

24 manager staffing requirements in air traffic control facili25 ties. 


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1 (b) CONSIDERATIONS.—In conducting the study, the 

2 Administrator may take into consideration— 

3 (1) the number of supervisory positions of oper4 ation requiring watch coverage in each air traffic 

5 control facility; 

6 (2) coverage requirements in relation to traffic 

7 demand; 

8 (3) facility type; 

9 (4) complexity of traffic and managerial respon10 sibilities; 

11 (5) proficiency and training requirements; and 

12 (6) such other factors as the Administrator con13 siders appropriate. 

14 (c) DETERMINATIONS.—The Administrator shall 

15 transmit any determinations made as a result of the study 

16 to the Chief Operating Officer for the air traffic control sys17 tem. 

18 (d) REPORT.—Not later than 180 days after the date 

19 of enactment of this Act, the Administrator shall submit 

20 to the Senate Committee on Commerce, Science, and Trans21 portation and the House of Representatives Committee on 

22 Transportation and Infrastructure a report on the results 

23 of the study and a description of any determinations sub24 mitted to the Chief Operating Officer under subsection (c). 


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1 SEC. 717. STUDY OF HELICOPTER AND FIXED WING AIR AM2 BULANCE SERVICES. 

3 (a) IN GENERAL.— The Comptroller General shall con4 duct a study of the helicopter and fixed-wing air ambulance 

5 industry. The study shall include information, analysis, 

6 and recommendations pertinent to ensuring a safe air am7 bulance industry. 

8 (b) REQUIRED INFORMATION.—In conducting the 

9 study, the Comptroller General shall obtain detailed infor10 mation on the following aspects of the air ambulance indus11 try: 

12 (1) A review of the industry, for part 135 certifi13 cate holders and indirect carriers providing helicopter 

14 and fixed-wing air ambulance services, including— 

15 (A) a listing of the number, size, and loca16 tion of helicopter and fixed-wing aircraft and 

17 their flight bases; 

18 (B) affiliations of certificate holders and in19 direct carriers with hospitals, governments, and 

20 other entities; 

21 (C) coordination of air ambulance services, 

22 with each other, State and local emergency med23 ical services systems, referring entities, and re24 ceiving hospitals; 

25 (D) nature of services contracts, sources of 

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1 cate holders and indirect carriers providing air 

2 ambulance services and referring entities, and 

3 costs of operations; and 

4 (E) a survey of business models for air am5 bulance operations, including expenses, structure, 

6 and sources of income. 

7 (2) Air ambulance request and dispatch prac8 tices, including the various types of protocols, models, 

9 training, certifications, and air medical communica10 tions centers relating to part 135 certificate holders 

11 and indirect carriers providing helicopter and fixed12 wing air ambulance services, including— 

13 (A) the practices that emergency and med14 ical officials use to request an air ambulance; 

15 (B) information on whether economic or 

16 other nonmedical factors lead to air ambulance 

17 transport when it is not medically needed, ap18 propriate, or safe; and 

19 (C) the cause, occurrence, and extent of 

20 delays in air ambulance transport. 

21 (3) Economic and medical issues relating to the 

22 air ambulance industry, including— 

23 (A) licensing; 

24 (B) certificates of need; 


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1 (C) public convenience and necessity re2 quirements; 

3 (D) assignment of geographic coverage 

4 areas; 

5 (E) accreditation requirements; 

6 (F) compliance with dispatch procedures; 

7 and 

8 (G) requirements for medical equipment 

9 and personnel onboard the aircraft. 

10 (4) Such other matters as the Comptroller Gen11 eral considers relevant to the purpose of the study. 

12 (c) ANALYSIS AND RECOMMENDATIONS.—Based on in13 formation obtained under subsection (b) and other informa14 tion the Comptroller General considers appropriate, the re15 port shall also include an analysis and specific rec16 ommendations, as appropriate, related to— 

17 (1) the relationship between State regulation and 

18 Federal preemption of rates, routes, and services of 

19 air ambulances; 

20 (2) the extent to which Federal law may impact 

21 existing State regulation of air ambulances and the 

22 potential effect of greater State regulation— 

23 (A) in the air ambulance industry, on the 

24 economic viability of air ambulance services, the 

25 availability and coordination of service, and 


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1 costs of operations both in rural and highly pop2 ulated areas; 

3 (B) on the quality of patient care and out4 comes; and 

5 (C) on competition and safety; and 

6 (3) whether systemic or other problems exist on 

7 a statewide, regional, or national basis with the cur8 rent system governing air ambulances. 

9 (d) REPORT.—Not later than June 1, 2010, the Comp10 troller General shall submit a report to the Secretary of 

11 Transportation, the Senate Committee on Commerce, 

12 Science, and Transportation, and the House of Representa13 tives Committee on Transportation and Infrastructure con14 taining the Government Accountability Office’s findings 

15 and recommendations regarding the study under this sec16 tion. 

17 (e) ADOPTION OF RECOMMENDED POLICY CHANGES.— 

18 Not later than 60 days after the date of receipt of the report 

19 under subsection (d), the Secretary shall issue a report to 

20 the Senate Committee on Commerce, Science, and Trans21 portation, and the House of Representatives Committee on 

22 Transportation and Infrastructure that— 

23 (1) specifies which, if any, policy changes rec24 ommended by the Comptroller General and any other 


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1 policy changes with respect to air ambulances the 

2 Secretary will adopt and implement; and 

3 (2) includes recommendations for legislative 

4 change, if appropriate. 

5 (f) PART 135 CERTIFICATE HOLDER DEFINED.—In 

6 this section, the term ‘‘part 135 certificate holder’’ means 

7 a person holding a certificate issued under part 135 of title 

8 14, Code of Federal Regulations. 

9 SEC. 718. REPEAL OF CERTAIN LIMITATIONS ON METRO10 POLITAN WASHINGTON AIRPORTS AUTHOR11 ITY. 

12 (a) IN GENERAL.—Section 49108 of title 49, United 

13 States Code, is repealed. 

14 (b) CONFORMING REPEAL.—The table of sections for 

15 chapter 491 of such title is amended by striking the item 

16 relating to section 49108. 

17 SEC. 719. STUDY OF AERONAUTICAL MOBILE TELEMETRY. 

18 Not later than 180 days after the date of enactment 

19 of this Act, the Administrator of the Federal Aviation Ad20 ministration, in consultation with other Federal agencies, 

21 shall submit a report to the Senate Committee on Com22 merce, Science, and Transportation, the House of Rep23 resentatives Committee on Science and Technology, and the 

24 House of Representatives Committee on Energy and Com25 merce that identifies— 


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1 (1) the current and anticipated need over the 

2 next decade by civil aviation, including equipment 

3 manufacturers, for aeronautical mobile telemetry serv4 ices; and 

5 (2) the potential impact to the aerospace indus6 try of the introduction of a new radio service oper7 ating in the same spectrum allocated to the aero8 nautical mobile telemetry service. 


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Calendar No. 168 

111TH CONGRESS 

1ST SESSION S. 1451 

[Report No. 111–82] 

A BILL 

To modernize the air traffic control system, imistration, and for other purposes. system, reauthorize the Federal Aviation Admin- vide for modernization of the air traffic control transportation by air in the United States, pro- prove the safety, reliability, and availability of 

SEPTEMBER 29, 2009

Reported with an amendment 


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