I 

111TH CONGRESS 

1ST SESSION H. R. 915 

To amend title 49, United States Code, to authorize appropriations for 

the Federal Aviation Administration for fiscal years 2009 through 2012, 

to improve aviation safety and capacity, to provide stable funding for 

the national aviation system, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2009 

Mr. OBERSTAR (for himself and Mr. COSTELLO) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Science and Technology, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for 

fiscal years 2009 through 2012, to improve aviation safety and capacity, to provide stable funding for the national aviation system, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘FAA Reauthorization Act of 2009’’. 


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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 

Subtitle A—Funding of FAA Programs 

Sec. 101. Airport planning and development and noise compatibility planning 

and programs. 

Sec. 102. Air navigation facilities and equipment. 

Sec. 103. FAA operations. 

Sec. 104. Research, engineering, and development. 

Sec. 105. Funding for aviation programs. 

Subtitle B—Passenger Facility Charges 

Sec. 111. PFC authority. 

Sec. 112. PFC eligibility for bicycle storage. 

Sec. 113. Intermodal ground access project pilot program. 

Sec. 114. Impacts on airports of accommodating connecting passengers. 

Subtitle C—Fees for FAA Services 

Sec. 121. Update on overflights. 

Sec. 122. Registration fees. 

Subtitle D—AIP Modifications 

Sec. 131. Amendments to AIP definitions. 

Sec. 132. Amendments to grant assurances. 

Sec. 133. Government share of project costs. 

Sec. 134. Amendments to allowable costs. 

Sec. 135. Uniform certification training for airport concessions under disadvantaged business enterprise program. 

Sec. 136. Preference for small business concerns owned and controlled by disabled veterans. 

Sec. 137. Calculation of State apportionment fund. 

Sec. 138. Reducing apportionments. 

Sec. 139. Minimum amount for discretionary fund. 

Sec. 140. Marshall Islands, Micronesia, and Palau. 

Sec. 141. Use of apportioned amounts. 

Sec. 142. Sale of private airport to public sponsor. 

Sec. 143. Airport privatization pilot program. 

Sec. 144. Airport security program. 

Sec. 145. Sunset of pilot program for purchase of airport development rights. 

Sec. 146. Extension of grant authority for compatible land use planning and 

projects by State and local governments. 

Sec. 147. Repeal of limitations on Metropolitan Washington Airports Authority. 

Sec. 148. Midway Island Airport. 

Sec. 149. Puerto Rico minimum guarantee. 

Sec. 150. Miscellaneous amendments. 


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TITLE II—NEXT GENERATION AIR TRANSPORTATION SYSTEM 

AND AIR TRAFFIC CONTROL MODERNIZATION 

Sec. 201. Mission statement; sense of Congress. 

Sec. 202. Next Generation Air Transportation System Joint Planning and Development Office. 

Sec. 203. Next Generation Air Transportation Senior Policy Committee. 

Sec. 204. Automatic dependent surveillance-broadcast services. 

Sec. 205. Inclusion of stakeholders in air traffic control modernization projects. 

Sec. 206. GAO review of challenges associated with transforming to the Next 

Generation Air Transportation System. 

Sec. 207. GAO review of Next Generation Air Transportation System acquisition and procedures development. 

Sec. 208. DOT inspector general review of operational and approach procedures 

by a third party. 

Sec. 209. Expert review of enterprise architecture for Next Generation Air 

Transportation System. 

Sec. 210. NextGen technology testbed. 

Sec. 211. Clarification of authority to enter into reimbursable agreements. 

Sec. 212. Definition of air navigation facility. 

Sec. 213. Improved management of property inventory. 

Sec. 214. Clarification to acquisition reform authority. 

Sec. 215. Assistance to foreign aviation authorities. 

Sec. 216. Front line manager staffing. 

Sec. 217. Flight service stations. 

Sec. 218. NextGen Research and Development Center of Excellence. 

Sec. 219. Airspace redesign. 

TITLE III—SAFETY 

Subtitle A—General Provisions 

Sec. 301. Judicial review of denial of airman certificates. 

Sec. 302. Release of data relating to abandoned type certificates and supplemental type certificates. 

Sec. 303. Inspection of foreign repair stations. 

Sec. 304. Runway safety. 

Sec. 305. Improved pilot licenses. 

Sec. 306. Flight crew fatigue. 

Sec. 307. Occupational safety and health standards for flight attendants on 

board aircraft. 

Sec. 308. Aircraft surveillance in mountainous areas. 

Sec. 309. Off-airport, low-altitude aircraft weather observation technology. 

Sec. 310. Noncertificated maintenance providers. 

Sec. 311. Aircraft rescue and firefighting standards. 

Subtitle B—Unmanned Aircraft Systems 

Sec. 321. Commercial unmanned aircraft systems integration plan. 

Sec. 322. Special rules for certain unmanned aircraft systems. 

Sec. 323. Public unmanned aircraft systems. 

Sec. 324. Definitions. 

Subtitle C—Safety and Protections 

Sec. 331. Aviation safety whistleblower investigation office. 

Sec. 332. Modification of customer service initiative. 


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Sec. 333. Post-employment restrictions for flight standards inspectors. 

Sec. 334. Assignment of principal supervisory inspectors. 

Sec. 335. Headquarters review of air transportation oversight system database. 

TITLE IV—AIR SERVICE IMPROVEMENTS 

Sec. 401. Monthly air carrier reports. 

Sec. 402. Flight operations at Reagan National Airport. 

Sec. 403. EAS contract guidelines. 

Sec. 404. Essential air service reform. 

Sec. 405. Small community air service. 

Sec. 406. Air passenger service improvements. 

Sec. 407. Contents of competition plans. 

Sec. 408. Extension of competitive access reports. 

Sec. 409. Contract tower program. 

Sec. 410. Airfares for members of the Armed Forces. 

Sec. 411. Repeal of essential air service local participation program. 

Sec. 412. Adjustment to subsidy cap to reflect increased fuel costs. 

Sec. 413. Notice to communities prior to termination of eligibility for subsidized 

essential air service. 

Sec. 414. Restoration of eligibility to a place determined by the Secretary to 

be ineligible for subsidized essential air service. 

Sec. 415. Office of Rural Aviation. 

Sec. 416. Adjustments to compensation for significantly increased costs. 

Sec. 417. Review of air carrier flight delays, cancellations, and associated 

causes. 

Sec. 418. European Union rules for passenger rights. 

Sec. 419. Establishment of advisory committee for aviation consumer protection. 

Sec. 420. Denied boarding compensation. 

Sec. 421. Schedule reduction. 

Sec. 422. Expansion of DOT airline consumer complaint investigations. 

Sec. 423. Prohibitions against voice communications using mobile communications devices on scheduled flights. 

TITLE V—ENVIRONMENTAL STEWARDSHIP AND STREAMLINING 

Sec. 501. Amendments to air tour management program. 

Sec. 502. State block grant program. 

Sec. 503. Airport funding of special studies or reviews. 

Sec. 504. Grant eligibility for assessment of flight procedures. 

Sec. 505. CLEEN research, development, and implementation partnership. 

Sec. 506. Prohibition on operating certain aircraft weighing 75,000 pounds or 

less not complying with stage 3 noise levels. 

Sec. 507. Environmental mitigation pilot program. 

Sec. 508. Aircraft departure queue management pilot program. 

Sec. 509. High performance and sustainable air traffic control facilities. 

Sec. 510. Regulatory responsibility for aircraft engine noise and emissions 

standards. 

Sec. 511. Continuation of air quality sampling. 

Sec. 512. Sense of Congress. 

Sec. 513. Airport noise compatibility planning study, Port Authority of New 

York and New Jersey. 

TITLE VI—FAA EMPLOYEES AND ORGANIZATION 


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Sec. 601. Federal Aviation Administration personnel management system. 

Sec. 602. MSPB remedial authority for FAA employees. 

Sec. 603. FAA technical training and staffing. 

Sec. 604. Designee program. 

Sec. 605. Staffing model for aviation safety inspectors. 

Sec. 606. Safety critical staffing. 

Sec. 607. FAA air traffic controller staffing. 

Sec. 608. Assessment of training programs for air traffic controllers. 

Sec. 609. Collegiate training initiative study. 

Sec. 610. FAA Task Force on Air Traffic Control Facility Conditions. 

TITLE VII—AVIATION INSURANCE 

Sec. 701. General authority. 

Sec. 702. Extension of authority to limit third party liability of air carriers 

arising out of acts of terrorism. 

Sec. 703. Clarification of reinsurance authority. 

Sec. 704. Use of independent claims adjusters. 

Sec. 705. Extension of program authority. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Air carrier citizenship. 

Sec. 802. Disclosure of data to Federal agencies in interest of national security. 

Sec. 803. FAA access to criminal history records and database systems. 

Sec. 804. Clarification of air carrier fee disputes. 

Sec. 805. Study on national plan of integrated airport systems. 

Sec. 806. Express carrier employee protection. 

Sec. 807. Consolidation and realignment of FAA facilities. 

Sec. 808. Accidental death and dismemberment insurance for National Transportation Safety Board employees. 

Sec. 809. GAO study on cooperation of airline industry in international child 

abduction cases. 

Sec. 810. Lost Nation Airport, Ohio. 

Sec. 811. Pollock Municipal Airport, Louisiana. 

Sec. 812. Human intervention and motivation study program. 

Sec. 813. Washington, DC, Air Defense Identification Zone. 

Sec. 814. Merrill Field Airport, Anchorage, Alaska. 

Sec. 815. 1940 Air Terminal Museum at William P. Hobby Airport, Houston, 

Texas. 

Sec. 816. Duty periods and flight time limitations applicable to flight crewmembers. 

Sec. 817. Pilot program for redevelopment of airport properties. 

Sec. 818. Helicopter operations over Long Island, New York. 

Sec. 819. Cabin temperature standards study. 

Sec. 820. Civil penalties technical amendments. 

Sec. 821. Study and report on alleviating congestion. 

Sec. 822. Airline personnel training enhancement. 

Sec. 823. Study on Feasibility of Development of a Public Internet Web-based 

Search Engine on Wind Turbine Installation Obstruction. 

TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT 

Sec. 901. Short title. 

Sec. 902. Definitions. 


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Sec. 903. Interagency research initiative on the impact of aviation on the climate. 

Sec. 904. Research program on runways. 

Sec. 905. Research on design for certification. 

Sec. 906. Centers of excellence. 

Sec. 907. Airport cooperative research program. 

Sec. 908. Unmanned aircraft systems. 

Sec. 909. Research grants program involving undergraduate students. 

Sec. 910. Aviation gas research and development program. 

Sec. 911. Review of FAA’s Energy- and Environment-Related Research Programs. 

Sec. 912. Review of FAA’s aviation safety-related research programs. 

Sec. 913. Research program on alternative jet fuel technology for civil aircraft. 

Sec. 914. Center for excellence in aviation employment. 

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 apply only to fiscal 

11 years beginning after September 30, 2008. 

12 TITLE I—AUTHORIZATIONS 

13 Subtitle A—Funding of FAA 

14 Programs 

15 SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND 

16 NOISE COMPATIBILITY PLANNING AND PRO17 GRAMS. 

18 (a) AUTHORIZATION.—Section 48103 is amended— 


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1 (1) by striking ‘‘September 30, 2003’’ and in2 serting ‘‘September 30, 2008’’; and 

3 (2) by striking paragraphs (1) through (6) and 

4 inserting the following: 

5 ‘‘(1) $3,900,000,000 for fiscal year 2009. 

6 ‘‘(2) $4,000,000,000 for fiscal year 2010. 

7 ‘‘(3) $4,100,000,000 for fiscal year 2011. 

8 ‘‘(4) $4,200,000,000 for fiscal year 2012.’’. 

9 (b) OBLIGATIONAL AUTHORITY.—Section 47104(c) 

10 is amended by striking ‘‘March 31, 2009’’ and inserting 

11 ‘‘September 30, 2012’’. 

12 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 48101(a) is amended by striking paragraphs (1) through 

15 (5) and inserting the following: 

16 ‘‘(1) $3,246,000,000 for fiscal year 2009. 

17 ‘‘(2) $3,259,000,000 for fiscal year 2010. 

18 ‘‘(3) $3,353,000,000 for fiscal year 2011. 

19 ‘‘(4) $3,506,000,000 for fiscal year 2012.’’. 

20 (b) USE OF FUNDS.—Section 48101 is amended by 

21 striking subsections (c) through (i) and inserting the fol22 lowing: 

23 ‘‘(c) WAKE VORTEX MITIGATION.—Of amounts ap24 propriated under subsection (a), such sums as may be nec25 essary for each of fiscal years 2009 through 2012 may 


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1 be used for the development and analysis of wake vortex 

2 mitigation, including advisory systems. 

3 ‘‘(d) WEATHER HAZARDS.— 

4 ‘‘(1) IN GENERAL.—Of amounts appropriated 

5 under subsection (a), such sums as may be nec6 essary for each of fiscal years 2009 through 2012 

7 may be used for the development of in-flight and 

8 ground-based weather threat mitigation systems, in9 cluding ground de-icing and anti-icing systems and 

10 other systems for predicting, detecting, and miti11 gating the effects of certain weather conditions on 

12 both airframes and engines. 

13 ‘‘(2) SPECIFIC HAZARDS.—Weather conditions 

14 referred to in paragraph (1) include— 

15 ‘‘(A) ground-based icing threats such as 

16 ice pellets and freezing drizzle; 

17 ‘‘(B) oceanic weather, including convective 

18 weather, and other hazards associated with oce19 anic operations (where commercial traffic is 

20 high and only rudimentary satellite sensing is 

21 available) to reduce the hazards presented to 

22 commercial aviation, including convective 

23 weather ice crystal ingestion threats; and 

24 ‘‘(C) en route turbulence prediction. 


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1 ‘‘(e) SAFETY MANAGEMENT SYSTEMS.—Of amounts 

2 appropriated under subsection (a) and section 106(k)(1), 

3 such sums as may be necessary for each of fiscal years 

4 2009 through 2012 may be used to advance the develop5 ment and implementation of safety management systems. 

6 ‘‘(f) RUNWAY INCURSION REDUCTION PROGRAMS.— 

7 Of amounts appropriated under subsection (a), 

8 $10,000,000 for fiscal year 2009, $12,000,000 for fiscal 

9 year 2010, $12,000,000 for fiscal year 2011, and 

10 $12,000,000 for fiscal year 2012 may be used for the de11 velopment and implementation of runway incursion reduc12 tion programs. 

13 ‘‘(g) RUNWAY STATUS LIGHTS.—Of amounts appro14 priated under subsection (a), $50,000,000 for fiscal year 

15 2009, $125,000,000 for fiscal year 2010, $100,000,000 

16 for 2011, and $50,000,000 for fiscal year 2012 may be 

17 used for the acquisition and installation of runway status 

18 lights. 

19 ‘‘(h) NEXTGEN SYSTEMS DEVELOPMENT PRO20 GRAMS.—Of amounts appropriated under subsection (a), 

21 $41,400,000 for fiscal year 2009, $102,900,000 for fiscal 

22 year 2010, $104,000,000 for fiscal year 2011, and 

23 $105,300,000 for fiscal year 2012 may be used for sys24 tems development activities associated with NextGen. 


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1 ‘‘(i) NEXTGEN DEMONSTRATION PROGRAMS.—Of 

2 amounts appropriated under subsection (a), $28,000,000 

3 for fiscal year 2009, $30,000,000 for fiscal year 2010, 

4 $30,000,000 for fiscal year 2011, and $30,000,000 for fis5 cal year 2012 may be used for demonstration activities 

6 associated with NextGen. 

7 ‘‘(j) ADDITIONAL PROGRAMS.—Of amounts appro8 priated under subsection (a), $21,900,000 for fiscal year 

9 2009, $22,500,000 for fiscal year 2010, $22,500,000 for 

10 fiscal year 2011, and $22,500,000 for fiscal year 2012 

11 may be used for— 

12 ‘‘(1) system capacity, planning, and improve13 ment; 

14 ‘‘(2) operations concept validation; 

15 ‘‘(3) NAS weather requirements; and 

16 ‘‘(4) Airspace Management Lab.’’. 

17 SEC. 103. FAA OPERATIONS. 

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

19 striking subparagraphs (A) through (E) and inserting the 

20 following: 

21 ‘‘(A) $8,998,462,000 for fiscal year 2009; 

22 ‘‘(B) $9,531,272,000 for fiscal year 2010; 

23 ‘‘(C) $9,936,259,000 for fiscal year 2011; 

24 and 


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1 ‘‘(D) $10,350,155,000 for fiscal year 

2 2012.’’. 

3 (b) AUTHORIZED EXPENDITURES.—Section 

4 106(k)(2) is amended— 

5 (1) by striking subparagraphs (A), (B), (C), 

6 (D), and (F); 

7 (2) by redesignating subparagraphs (E) and 

8 (G) as subparagraphs (A) and (B), respectively; and 

9 (3) in subparagraphs (A) and (B) (as so redes10 ignated) by striking ‘‘2004 through 2007’’ and in11 serting ‘‘2009 through 2012’’. 

12 (c) AIRLINE DATA AND ANALYSIS.—There is author13 ized to be appropriated to the Secretary of Transportation 

14 out of the Airport and Airway Trust Fund established by 

15 section 9502 of the Internal Revenue Code of 1986 (26 

16 U.S.C. 9502) to fund airline data collection and analysis 

17 by the Bureau of Transportation Statistics in the Re18 search and Innovative Technology Administration of the 

19 Department of Transportation $6,000,000 for each of fis20 cal years 2009, 2010, 2011, and 2012. 

21 SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT. 

22 Section 48102(a) is amended— 

23 (1) in paragraph (11)— 

24 (A) in subparagraph (K) by inserting 

25 ‘‘and’’ at the end; and 


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1 (B) in subparagraph (L) by striking ‘‘and’’ 

2 at the end; 

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

4 the end; and 

5 (3) by striking paragraph (13) and inserting 

6 the following: 

7 ‘‘(13) for fiscal year 2009, $323,277,000, in8 cluding— 

9 ‘‘(A) $8,457,000 for fire research and safe10 ty; 

11 ‘‘(B) $4,050,000 for propulsion and fuel 

12 systems; 

13 ‘‘(C) $2,920,000 for advanced materials 

14 and structural safety; 

15 ‘‘(D) $4,838,000 for atmospheric hazards 

16 and digital system safety; 

17 ‘‘(E) $14,683,000 for aging aircraft; 

18 ‘‘(F) $2,158,000 for aircraft catastrophic 

19 failure prevention research; 

20 ‘‘(G) $11,000,000 for flightdeck mainte21 nance, system integration, and human factors; 

22 ‘‘(H) $12,488,000 for aviation safety risk 

23 analysis; 

24 ‘‘(I) $15,323,000 for air traffic control, 

25 technical operations, and human factors; 


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1 ‘‘(J) $8,395,000 for aeromedical research; 

2 ‘‘(K) $22,336,000 for weather program; 

3 ‘‘(L) $6,738,000 for unmanned aircraft 

4 systems research; 

5 ‘‘(M) $18,100,000 for the Next Generation 

6 Air Transportation System Joint Planning and 

7 Development Office; 

8 ‘‘(N) $10,560,000 for wake turbulence; 

9 ‘‘(O) $10,425,000 for NextGen—Air 

10 ground integration; 

11 ‘‘(P) $8,025,000 for NextGen—Self sepa12 ration; 

13 ‘‘(Q) $8,049,000 for NextGen—Weather 

14 technology in the cockpit; 

15 ‘‘(R) $22,939,000 for environment and en16 ergy; 

17 ‘‘(S) $16,050,000 for NextGen—Environ18 mental research—Aircraft technologies, fuels, 

19 and metrics; 

20 ‘‘(T) $1,847,000 for system planning and 

21 resource management; 

22 ‘‘(U) $3,548,000 for the William J. 

23 Hughes Technical Center Laboratory Facility; 

24 ‘‘(V) $76,000,000 for Center for Advanced 

25 Aviation System Development; 


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1 ‘‘(W) $5,000,000 for the Airport Coopera2 tive Research Program—capacity; 

3 ‘‘(X) $5,000,000 for the Airport Coopera4 tive Research Program—environment; 

5 ‘‘(Y) $5,000,000 for the Airport Coopera6 tive Research Program—safety; 

7 ‘‘(Z) $9,109,000 for airports technology 

8 research—capacity; and 

9 ‘‘(AA) $10,239,000 for airports technology 

10 research—safety; 

11 ‘‘(14) for fiscal year 2010, $327,935,000, in12 cluding— 

13 ‘‘(A) $8,546,000 for fire research and safe14 ty; 

15 ‘‘(B) $4,075,000 for propulsion and fuel 

16 systems; 

17 ‘‘(C) $2,965,000 for advanced materials 

18 and structural safety; 

19 ‘‘(D) $4,921,000 for atmospheric hazards 

20 and digital system safety; 

21 ‘‘(E) $14,688,000 for aging aircraft; 

22 ‘‘(F) $2,153,000 for aircraft catastrophic 

23 failure prevention research; 

24 ‘‘(G) $11,000,000 for flightdeck mainte25 nance, system integration, and human factors; 


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1 ‘‘(H) $12,589,000 for aviation safety risk 

2 analysis; 

3 ‘‘(I) $15,471,000 for air traffic control, 

4 technical operations, and human factors; 

5 ‘‘(J) $8,699,000 for aeromedical research; 

6 ‘‘(K) $23,286,000 for weather program; 

7 ‘‘(L) $6,236,000 for unmanned aircraft 

8 systems research; 

9 ‘‘(M) $18,100,000 for the Next Generation 

10 Air Transportation System Joint Planning and 

11 Development Office; 

12 ‘‘(N) $10,412,000 for wake turbulence; 

13 ‘‘(O) $10,400,000 for NextGen—Air 

14 ground integration; 

15 ‘‘(P) $8,000,000 for NextGen—Self sepa16 ration; 

17 ‘‘(Q) $7,567,000 for NextGen—Weather 

18 technology in the cockpit; 

19 ‘‘(R) $20,278,000 for environment and en20 ergy; 

21 ‘‘(S) $19,700,000 for NextGen—Environ22 mental research—Aircraft technologies, fuels, 

23 and metrics; 

24 ‘‘(T) $1,827,000 for system planning and 

25 resource management; 


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1 ‘‘(U) $3,674,000 for the William J. 

2 Hughes Technical Center Laboratory Facility; 

3 ‘‘(V) $79,000,000 for Center for Advanced 

4 Aviation System Development; 

5 ‘‘(W) $5,000,000 for the Airport Coopera6 tive Research Program—capacity; 

7 ‘‘(X) $5,000,000 for the Airport Coopera8 tive Research Program—environment; 

9 ‘‘(Y) $5,000,000 for the Airport Coopera10 tive Research Program—safety; 

11 ‘‘(Z) $9,109,000 for airports technology 

12 research—capacity; and 

13 ‘‘(AA) $10,239,000 for airports technology 

14 research—safety; 

15 ‘‘(15) for fiscal year 2011, $339,341,000, in16 cluding— 

17 ‘‘(A) $8,815,000 for fire research and safe18 ty; 

19 ‘‘(B) $4,150,000 for propulsion and fuel 

20 systems; 

21 ‘‘(C) $2,975,000 for advanced materials 

22 and structural safety; 

23 ‘‘(D) $4,949,000 for atmospheric hazards 

24 and digital system safety; 

25 ‘‘(E) $14,903,000 for aging aircraft; 


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1 ‘‘(F) $2,181,000 for aircraft catastrophic 

2 failure prevention research; 

3 ‘‘(G) $12,000,000 for flightdeck mainte4 nance, system integration, and human factors; 

5 ‘‘(H) $12,497,000 for aviation safety risk 

6 analysis; 

7 ‘‘(I) $15,715,000 for air traffic control, 

8 technical operations, and human factors; 

9 ‘‘(J) $8,976,000 for aeromedical research; 

10 ‘‘(K) $23,638,000 for weather program; 

11 ‘‘(L) $6,295,000 for unmanned aircraft 

12 systems research; 

13 ‘‘(M) $18,100,000 for the Next Generation 

14 Air Transportation System Joint Planning and 

15 Development Office; 

16 ‘‘(N) $10,471,000 for wake turbulence; 

17 ‘‘(O) $10,600,000 for NextGen—Air 

18 ground integration; 

19 ‘‘(P) $8,300,000 for NextGen—Self sepa20 ration; 

21 ‘‘(Q) 8,345,000 for NextGen—Weather 

22 technology in the cockpit; 

23 ‘‘(R) $27,075,000 for environment and en24 ergy; 


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1 ‘‘(S) $20,368,000 for NextGen—Environ2 mental research—Aircraft technologies, fuels, 

3 and metrics; 

4 ‘‘(T) $1,836,000 for system planning and 

5 resource management; 

6 ‘‘(U) $3,804,000 for the William J. 

7 Hughes Technical Center Laboratory Facility; 

8 ‘‘(V) $79,000,000 for Center for Advanced 

9 Aviation System Development; 

10 ‘‘(W) $5,000,000 for the Airport Coopera11 tive Research Program—capacity; 

12 ‘‘(X) $5,000,000 for the Airport Coopera13 tive Research Program—environment; 

14 ‘‘(Y) $5,000,000 for the Airport Coopera15 tive Research Program—safety; 

16 ‘‘(Z) $9,109,000 for airports technology 

17 research—capacity; and 

18 ‘‘(AA) $10,239,000 for airports technology 

19 research—safety; and 

20 ‘‘(16) for fiscal year 2012, $360,008,000, in21 cluding— 

22 ‘‘(A) $8,957,000 for fire research and safe23 ty; 

24 ‘‘(B) $4,201,000 for propulsion and fuel 

25 systems; 


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1 ‘‘(C) $2,986,000 for advanced materials 

2 and structural safety; 

3 ‘‘(D) $4,979,000 for atmospheric hazards 

4 and digital system safety; 

5 ‘‘(E) $15,013,000 for aging aircraft; 

6 ‘‘(F) $2,192,000 for aircraft catastrophic 

7 failure prevention research; 

8 ‘‘(G) $12,000,000 for flightdeck mainte9 nance, system integration, and human factors; 

10 ‘‘(H) $12,401,000 for aviation safety risk 

11 analysis; 

12 ‘‘(I) $16,000,000 for air traffic control, 

13 technical operations, and human factors; 

14 ‘‘(J) $9,267,000 for aeromedical research; 

15 ‘‘(K) $23,800,000 for weather program; 

16 ‘‘(L) $6,400,000 for unmanned aircraft 

17 systems research; 

18 ‘‘(M) $18,100,000 for the Next Generation 

19 Air Transportation System Joint Planning and 

20 Development Office; 

21 ‘‘(N) $10,471,000 for wake turbulence; 

22 ‘‘(O) $10,800,000 for NextGen—Air 

23 ground integration; 

24 ‘‘(P) $8,500,000 for NextGen—Self sepa25 ration; 


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1 ‘‘(Q) $8,569,000 for NextGen—Weather 

2 technology in the cockpit; 

3 ‘‘(R) $44,409,000 for environment and en4 ergy; 

5 ‘‘(S) $20,034,000 for NextGen—Environ6 mental research—Aircraft technologies, fuels, 

7 and metrics; 

8 ‘‘(T) $1,840,000 for system planning and 

9 resource management; 

10 ‘‘(U) $3,941,000 for the William J. 

11 Hughes Technical Center Laboratory Facility; 

12 ‘‘(V) $80,800,000 for Center for Advanced 

13 Aviation System Development; 

14 ‘‘(W) $5,000,000 for the Airport Coopera15 tive Research Program—capacity; 

16 ‘‘(X) $5,000,000 for the Airport Coopera17 tive Research Program—environment; 

18 ‘‘(Y) $5,000,000 for the Airport Coopera19 tive Research Program—safety; 

20 ‘‘(Z) $9,109,000 for airports technology 

21 research—capacity; and 

22 ‘‘(AA) $10,239,000 for airports technology 

23 research—safety.’’. 


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1 SEC. 105. FUNDING FOR AVIATION PROGRAMS. 

2 (a) AIRPORT AND AIRWAY TRUST FUND GUAR3 ANTEE.—Section 48114(a)(1)(A) is amended to read as 

4 follows: 

5 ‘‘(A) IN GENERAL.—The total budget re6 sources made available from the Airport and 

7 Airway Trust Fund each fiscal year through fis8 cal year 2012 pursuant to sections 48101, 

9 48102, 48103, and 106(k) shall— 

10 ‘‘(i) in each of fiscal years 2009 and 

11 2010, be equal to 95 percent of the esti12 mated level of receipts plus interest cred13 ited to the Airport and Airway Trust Fund 

14 for that fiscal year; and 

15 ‘‘(ii) in each of fiscal years 2011 and 

16 2012, be equal to the sum of— 

17 ‘‘(I) 95 percent of the estimated 

18 level of receipts plus interest credited 

19 to the Airport and Airway Trust 

20 Fund for that fiscal year; and 

21 ‘‘(II) the actual level of receipts 

22 plus interest credited to the Airport 

23 and Airway Trust Fund for the sec24 ond preceding fiscal year minus the 

25 total amount made available for obli26 gation from the Airport and Airway 


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1 Trust Fund for the second preceding 

2 fiscal year. 

3 Such amounts may be used only for aviation in4 vestment programs listed in subsection (b).’’. 

5 (b) ADDITIONAL AUTHORIZATIONS OF APPROPRIA6 TIONS FROM THE GENERAL FUND.—Section 48114(a)(2) 

7 is amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 

8 (c) ESTIMATED LEVEL OF RECEIPTS PLUS INTER9 EST DEFINED.—Section 48114(b)(2) is amended— 

10 (1) in the paragraph heading by striking 

11 ‘‘LEVEL’’ and inserting ‘‘ESTIMATED LEVEL’’; and 

12 (2) by striking ‘‘level of receipts plus interest’’ 

13 and inserting ‘‘estimated level of receipts plus inter14 est’’. 

15 (d) ENFORCEMENT OF GUARANTEES.—Section 

16 48114(c)(2) is amended by striking ‘‘2007’’ and inserting 

17 ‘‘2012’’. 

18 Subtitle B—Passenger Facility 

19 Charges 

20 SEC. 111. PFC AUTHORITY. 

21 (a) PFC DEFINED.—Section 40117(a)(5) is amend22 ed to read as follows: 

23 ‘‘(5) PASSENGER FACILITY CHARGE.—The term 

24 ‘passenger facility charge’ means a charge or fee im25 posed under this section.’’. 


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1 (b) INCREASE IN PFC MAXIMUM LEVEL.—Section 

2 40117(b)(4) is amended by striking ‘‘$4.00 or $4.50’’ and 

3 inserting ‘‘$4.00, $4.50, $5.00, $6.00, or $7.00’’. 

4 (c) PILOT PROGRAM FOR PFC AT NONHUB AIR5 PORTS.—Section 40117(l) is amended— 

6 (1) by striking paragraph (7); and 

7 (2) by redesignating paragraph (8) as para8 graph (7). 

9 (d) CORRECTION OF REFERENCES.— 

10 (1) SECTION 40117.—Section 40117 is amend11 ed— 

12 (A) in the section heading by striking 

13 ‘‘fees’’ and inserting ‘‘charges’’; 

14 (B) in the heading for subsection (e) by 

15 striking ‘‘FEES’’ and inserting ‘‘CHARGES’’; 

16 (C) in the heading for subsection (l) by 

17 striking ‘‘FEE’’ and inserting ‘‘CHARGE’’; 

18 (D) in the heading for paragraph (5) of 

19 subsection (l) by striking ‘‘FEE’’ and inserting 

20 ‘‘CHARGE’’; 

21 (E) in the heading for subsection (m) by 

22 striking ‘‘FEES’’ and inserting ‘‘CHARGES’’; 

23 (F) in the heading for paragraph (1) of 

24 subsection (m) by striking ‘‘FEES’’ and insert25 ing ‘‘CHARGES’’; 


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1 (G) by striking ‘‘fee’’ each place it appears 

2 (other than the second sentence of subsection 

3 (g)(4)) and inserting ‘‘charge’’; and 

4 (H) by striking ‘‘fees’’ each place it ap5 pears and inserting ‘‘charges’’. 

6 (2) OTHER REFERENCES.—Subtitle VII is 

7 amended by striking ‘‘fee’’ and inserting ‘‘charge’’ 

8 each place it appears in each of the following sec9 tions: 

10 (A) Section 47106(f)(1). 

11 (B) Section 47110(e)(5). 

12 (C) Section 47114(f). 

13 (D) Section 47134(g)(1). 

14 (E) Section 47139(b). 

15 (F) Section 47524(e). 

16 (G) Section 47526(2). 

17 SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE. 

18 (a) IN GENERAL.—Section 40117(a)(3) is amended 

19 by adding at the end the following: 

20 ‘‘(H) A project to construct secure bicycle 

21 storage facilities that are to be used by pas22 sengers at the airport and that are in compli23 ance with applicable security standards.’’. 

24 (b) REPORT TO CONGRESS.—Not later than one year 

25 after the date of enactment of this Act, the Administrator 


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1 of the Federal Aviation Administration shall submit to 

2 Congress a report on the progress being made by airports 

3 to install bicycle parking for airport customers and airport 

4 employees. 

5 SEC. 113. INTERMODAL GROUND ACCESS PROJECT PILOT 

6 PROGRAM. 

7 Section 40117 is amended by adding at the end the 

8 following: 

9 ‘‘(n) PILOT PROGRAM FOR PFC ELIGIBILITY FOR

10 INTERMODAL GROUND ACCESS PROJECTS.— 

11 ‘‘(1) PFC ELIGIBILITY.—Subject to the require12 ments of this subsection, the Secretary shall estab13 lish a pilot program under which the Secretary may 

14 authorize, at no more than 5 airports, a passenger 

15 facility charge imposed under subsection (b)(1) or 

16 (b)(4) to be used to finance the eligible cost of an 

17 intermodal ground access project. 

18 ‘‘(2) INTERMODAL GROUND ACCESS PROJECT

19 DEFINED.—In this section, the term ‘intermodal 

20 ground access project’ means a project for con21 structing a local facility owned or operated by an eli22 gible agency that is directly and substantially related 

23 to the movement of passengers or property traveling 

24 in air transportation. 

25 ‘‘(3) ELIGIBLE COSTS.— 


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1 ‘‘(A) IN GENERAL.—For purposes of para2 graph (1), the eligible cost of an intermodal 

3 ground access project shall be the total cost of 

4 the project multiplied by the ratio that— 

5 ‘‘(i) the number of individuals pro6 jected to use the project to gain access to 

7 or depart from the airport; bears to 

8 ‘‘(ii) the total number of the individ9 uals projected to use the facility. 

10 ‘‘(B) DETERMINATIONS REGARDING PRO11 JECTED PROJECT USE.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided by clause (ii), the Secretary shall de14 termine the projected use of a project for 

15 purposes of subparagraph (A) at the time 

16 the project is approved under this sub17 section. 

18 ‘‘(ii) PUBLIC TRANSPORTATION

19 PROJECTS.—In the case of a project ap20 proved under this section to be financed in 

21 part using funds administered by the Fed22 eral Transit Administration, the Secretary 

23 shall use the travel forecasting model for 

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1 tion to enter preliminary engineering to de2 termine the projected use of the project for 

3 purposes of subparagraph (A).’’. 

4 SEC. 114. IMPACTS ON AIRPORTS OF ACCOMMODATING 

5 CONNECTING PASSENGERS. 

6 (a) STUDY.—Not later than 90 days after the date 

7 of enactment of this Act, the Secretary of Transportation 

8 shall initiate a study to evaluate— 

9 (1) the impacts on airports of accommodating 

10 connecting passengers; and 

11 (2) the treatment of airports at which the ma12 jority of passengers are connecting passengers under 

13 the passenger facility charge program authorized by 

14 section 40117 of title 49, United States Code. 

15 (b) CONTENTS OF STUDY.—In conducting the study, 

16 the Secretary shall review, at a minimum, the following: 

17 (1) the differences in facility needs, and the 

18 costs for constructing, maintaining, and operating 

19 those facilities, for airports at which the majority of 

20 passengers are connecting passengers as compared 

21 to airports at which the majority of passengers are 

22 originating and destination passengers; 

23 (2) whether the costs to an airport of accommo24 dating additional connecting passengers differs from 


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1 the cost of accommodating additional originating 

2 and destination passengers; 

3 (3) for each airport charging a passenger facil4 ity charge, the percentage of passenger facility 

5 charge revenue attributable to connecting passengers 

6 and the percentage of such revenue attributable to 

7 originating and destination passengers; 

8 (4) the potential effects on airport revenues of 

9 requiring airports to charge different levels of pas10 senger facility charges on connecting passengers and 

11 originating and destination passengers; and 

12 (5) the added costs to air carriers of collecting 

13 passenger facility charges under a system in which 

14 different levels of passenger facility charges are im15 posed on connecting passengers and originating and 

16 destination passengers. 

17 (c) REPORT TO CONGRESS.— 

18 (1) IN GENERAL.—Not later than one year 

19 after the date of initiation of the study, the Sec20 retary shall submit to Congress a report on the re21 sults of the study. 

22 (2) CONTENTS.—The report shall include— 

23 (A) the findings of the Secretary on each 

24 of the subjects listed in subsection (b); and 


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1 (B) recommendations, if any, of the Sec2 retary based on the results of the study for any 

3 changes to the passenger facility charge pro4 gram, including recommendations as to whether 

5 different levels of passenger facility charges 

6 should be imposed on connecting passengers 

7 and originating and destination passengers. 

8 Subtitle C—Fees for FAA Services 

9 SEC. 121. UPDATE ON OVERFLIGHTS. 

10 (a) ESTABLISHMENT AND ADJUSTMENT OF FEES.— 

11 Section 45301(b) is amended to read as follows: 

12 ‘‘(b) ESTABLISHMENT AND ADJUSTMENT OF

13 FEES.— 

14 ‘‘(1) IN GENERAL.—In establishing and adjust15 ing fees under subsection (a), the Administrator 

16 shall ensure that the fees are reasonably related to 

17 the Administration’s costs, as determined by the Ad18 ministrator, of providing the services rendered. Serv19 ices for which costs may be recovered include the 

20 costs of air traffic control, navigation, weather serv21 ices, training, and emergency services which are 

22 available to facilitate safe transportation over the 

23 United States and the costs of other services pro24 vided by the Administrator, or by programs financed 

25 by the Administrator, to flights that neither take off 


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1 nor land in the United States. The determination of 

2 such costs by the Administrator, and the allocation 

3 of such costs by the Administrator to services pro4 vided, are not subject to judicial review. 

5 ‘‘(2) ADJUSTMENT OF FEES.—The Adminis6 trator shall adjust the overflight fees established by 

7 subsection (a)(1) by expedited rulemaking and begin 

8 collections under the adjusted fees by May 1, 2010. 

9 In developing the adjusted overflight fees, the Ad10 ministrator may seek and consider the recommenda11 tions offered by an aviation rulemaking committee 

12 for overflight fees that are provided to the Adminis13 trator by May 1, 2009, and are intended to ensure 

14 that overflight fees are reasonably related to the Ad15 ministrator’s costs of providing air traffic control 

16 and related services to overflights. 

17 ‘‘(3) AIRCRAFT ALTITUDE.—Nothing in this 

18 section shall require the Administrator to take into 

19 account aircraft altitude in establishing any fee for 

20 aircraft operations in en route or oceanic airspace. 

21 ‘‘(4) COSTS DEFINED.—In this subsection, the 

22 term ‘costs’ includes those costs associated with the 

23 operation, maintenance, leasing costs, and overhead 

24 expenses of the services provided and the facilities 

25 and equipment used in such services, including the 


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1 projected costs for the period during which the serv2 ices will be provided. 

3 ‘‘(5) PUBLICATION; COMMENT.—The Adminis4 trator shall publish in the Federal Register any fee 

5 schedule under this section, including any adjusted 

6 overflight fee schedule, and the associated collection 

7 process as an interim final rule, pursuant to which 

8 public comment will be sought and a final rule 

9 issued.’’. 

10 (b) ADJUSTMENTS.—Section 45301 is amended by 

11 adding at the end the following: 

12 ‘‘(e) ADJUSTMENTS.—In addition to adjustments 

13 under subsection (b), the Administrator may periodically 

14 adjust the fees established under this section.’’. 

15 SEC. 122. REGISTRATION FEES. 

16 (a) IN GENERAL.—Chapter 453 is amended by add17 ing at the end the following: 

18 ‘‘§ 45305. Registration, certification, and related fees 

19 ‘‘(a) GENERAL AUTHORITY AND FEES.—The Admin20 istrator of the Federal Aviation Administration shall es21 tablish the following fees for services and activities of the 

22 Administration: 

23 ‘‘(1) $130 for registering an aircraft. 

24 ‘‘(2) $45 for replacing an aircraft registration. 


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1 ‘‘(3) $130 for issuing an original dealer’s air2 craft certificate. 

3 ‘‘(4) $105 for issuing an aircraft certificate 

4 (other than an original dealer’s aircraft certificate). 

5 ‘‘(5) $80 for issuing a special registration num6 ber. 

7 ‘‘(6) $50 for issuing a renewal of a special reg8 istration number. 

9 ‘‘(7) $130 for recording a security interest in 

10 an aircraft or aircraft part. 

11 ‘‘(8) $50 for issuing an airman certificate. 

12 ‘‘(9) $25 for issuing a replacement airman cer13 tificate. 

14 ‘‘(10) $42 for issuing an airman medical certifi15 cate. 

16 ‘‘(11) $100 for providing a legal opinion per17 taining to aircraft registration or recordation. 

18 ‘‘(b) FEES CREDITED AS OFFSETTING COLLEC19 TIONS.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding section 

21 3302 of title 31, any fee authorized to be collected 

22 under this section shall, subject to appropriation 

23 made in advance— 


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1 ‘‘(A) be credited as offsetting collections to 

2 the account that finances the activities and 

3 services for which the fee is imposed; 

4 ‘‘(B) be available for expenditure only to 

5 pay the costs of activities and services for which 

6 the fee is imposed; and 

7 ‘‘(C) remain available until expended. 

8 ‘‘(2) CONTINUING APPROPRIATIONS.—The Ad9 ministrator may continue to assess, collect, and 

10 spend fees established under this section during any 

11 period in which the funding for the Federal Aviation 

12 Administration is provided under an Act providing 

13 continuing appropriations in lieu of the Administra14 tion’s regular appropriations. 

15 ‘‘(3) ADJUSTMENTS.—The Administrator shall 

16 periodically adjust the fees established by subsection 

17 (a) when cost data from the cost accounting system 

18 developed pursuant to section 45303(e) reveal that 

19 the cost of providing the service is higher or lower 

20 than the cost data that were used to establish the 

21 fee then in effect.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for chap23 ter 453 is amended by adding at the end the following: 

‘‘45305. Registration, certification, and related fees.’’. 

24 (c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR

25 TRANSPORTATION.—Section 45302(e) is amended— 


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1 (1) by striking ‘‘A fee’’ and inserting the fol2 lowing: 

3 ‘‘(1) IN GENERAL.—A fee’’; and 

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

5 ‘‘(2) EFFECT OF IMPOSITION OF OTHER

6 FEES.—A fee may not be imposed for a service or 

7 activity under this section during any period in 

8 which a fee for the same service or activity is im9 posed under section 45305.’’. 

10 Subtitle D—AIP Modifications 

11 SEC. 131. AMENDMENTS TO AIP DEFINITIONS. 

12 (a) AIRPORT DEVELOPMENT.—Section 47102(3) is 

13 amended— 

14 (1) in subparagraph (B)(iv) by striking ‘‘20’’ 

15 and inserting ‘‘9’’; and 

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

17 ‘‘(M) construction of mobile refueler park18 ing within a fuel farm at a nonprimary airport 

19 meeting the requirements of section 112.8 of 

20 title 40, Code of Federal Regulations. 

21 ‘‘(N) terminal development under section 

22 47119(a). 

23 ‘‘(O) acquiring and installing facilities and 

24 equipment to provide air conditioning, heating, 

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1 clusive use facilities to aircraft parked at a pub2 lic use airport for the purpose of reducing en3 ergy use or harmful emissions as compared to 

4 the provision of such air conditioning, heating, 

5 or electric power from aircraft-based systems.’’. 

6 (b) AIRPORT PLANNING.—Section 47102(5) is 

7 amended by inserting before the period at the end the fol8 lowing: ‘‘and developing an environmental management 

9 system’’. 

10 (c) GENERAL AVIATION AIRPORT.—Section 47102 is 

11 amended— 

12 (1) by redesignating paragraphs (23) through 

13 (25) as paragraphs (25) through (27), respectively; 

14 (2) by redesignating paragraphs (8) through 

15 (22) as paragraphs (9) through (23), respectively; 

16 and 

17 (3) by inserting after paragraph (7) the fol18 lowing: 

19 ‘‘(8) ‘general aviation airport’ means a public 

20 airport that is located in a State and that, as deter21 mined by the Secretary— 

22 ‘‘(A) does not have scheduled service; or 

23 ‘‘(B) has scheduled service with less that 

24 2,500 passenger boardings each year.’’. 


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1 (d) REVENUE PRODUCING AERONAUTICAL SUPPORT

2 FACILITIES.—Section 47102 is amended by inserting 

3 after paragraph (23) (as redesignated by subsection (c)(2) 

4 of this section) the following: 

5 ‘‘(24) ‘revenue producing aeronautical support 

6 facilities’ means fuel farms, hangar buildings, self7 service credit card aeronautical fueling systems, air8 plane wash racks, major rehabilitation of a hangar 

9 owned by a sponsor, or other aeronautical support 

10 facilities that the Secretary determines will increase 

11 the revenue producing ability of the airport.’’. 

12 (e) TERMINAL DEVELOPMENT.—Section 47102 is 

13 further amended by adding at the end the following: 

14 ‘‘(28) ‘terminal development’ means— 

15 ‘‘(A) development of— 

16 ‘‘(i) an airport passenger terminal 

17 building, including terminal gates; 

18 ‘‘(ii) access roads servicing exclusively 

19 airport traffic that leads directly to or 

20 from an airport passenger terminal build21 ing; and 

22 ‘‘(iii) walkways that lead directly to or 

23 from an airport passenger terminal build24 ing; and 


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1 ‘‘(B) the cost of a vehicle described in sec2 tion 47119(a)(1)(B).’’. 

3 SEC. 132. AMENDMENTS TO GRANT ASSURANCES. 

4 (a) GENERAL WRITTEN ASSURANCES.—Section 

5 47107(a)(16)(D)(ii) is amended by inserting before the 

6 semicolon at the end the following: ‘‘, except in the case 

7 of a relocation or replacement of an existing airport facil8 ity that meets the conditions of section 47110(d)’’. 

9 (b) WRITTEN ASSURANCES ON ACQUIRING LAND.— 

10 (1) USE OF PROCEEDS.—Section 

11 47107(c)(2)(A)(iii) is amended by striking ‘‘paid to 

12 the Secretary’’ and all that follows before the semi13 colon and inserting ‘‘reinvested in another project at 

14 the airport or transferred to another airport as the 

15 Secretary prescribes under paragraph (4)’’. 

16 (2) ELIGIBLE PROJECTS.—Section 47107(c) is 

17 amended by adding at the end the following: 

18 ‘‘(4) PRIORITIES FOR REINVESTMENT.—In ap19 proving the reinvestment or transfer of proceeds 

20 under subsection (c)(2)(A)(iii), the Secretary shall 

21 give preference, in descending order, to the following 

22 actions: 

23 ‘‘(A) Reinvestment in an approved noise 

24 compatibility project. 


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1 ‘‘(B) Reinvestment in an approved project 

2 that is eligible for funding under section 

3 47117(e). 

4 ‘‘(C) Reinvestment in an approved airport 

5 development project that is eligible for funding 

6 under section 47114, 47115, or 47117. 

7 ‘‘(D) Transfer to a sponsor of another 

8 public airport to be reinvested in an approved 

9 noise compatibility project at such airport. 

10 ‘‘(E) Payment to the Secretary for deposit 

11 in the Airport and Airway Trust Fund.’’. 

12 (c) CLERICAL AMENDMENT.—Section 

13 47107(c)(2)(B)(iii) is amended by striking ‘‘the Fund’’ 

14 and inserting ‘‘the Airport and Airway Trust Fund estab15 lished under section 9502 of the Internal Revenue Code 

16 of 1986 (26 U.S.C. 9502)’’. 

17 SEC. 133. GOVERNMENT SHARE OF PROJECT COSTS. 

18 Section 47109 is amended— 

19 (1) in subsection (a) by striking ‘‘provided in 

20 subsection (b) or subsection (c) of this section’’ and 

21 inserting ‘‘otherwise specifically provided in this sec22 tion’’; and 

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

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

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


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1 hub airport changes to a medium hub airport, the Govern2 ment’s share of allowable project costs for the airport may 

3 not exceed 90 percent for the first 2 fiscal years following 

4 such change in hub status. 

5 ‘‘(f) SPECIAL RULE FOR ECONOMICALLY DEPRESSED

6 COMMUNITIES.—The Government’s share of allowable 

7 project costs shall be 95 percent for a project at an airport 

8 that— 

9 ‘‘(1) is receiving subsidized air service under 

10 subchapter II of chapter 417; and 

11 ‘‘(2) is located in an area that meets one or 

12 more of the criteria established in section 301(a) of 

13 the Public Works and Economic Development Act of 

14 1965 (42 U.S.C. 3161(a)), as determined by the 

15 Secretary of Commerce.’’. 

16 SEC. 134. AMENDMENTS TO ALLOWABLE COSTS. 

17 (a) ALLOWABLE PROJECT COSTS.—Section 

18 47110(b)(2)(D) is amended to read as follows: 

19 ‘‘(D) if the cost is for airport development 

20 and is incurred before execution of the grant 

21 agreement, but in the same fiscal year as execu22 tion of the grant agreement, and if— 

23 ‘‘(i) the cost was incurred before exe24 cution of the grant agreement due to the 


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1 short construction season in the vicinity of 

2 the airport; 

3 ‘‘(ii) the cost is in accordance with an 

4 airport layout plan approved by the Sec5 retary and with all statutory and adminis6 trative requirements that would have been 

7 applicable to the project if the project had 

8 been carried out after execution of the 

9 grant agreement; 

10 ‘‘(iii) the sponsor notifies the Sec11 retary before authorizing work to com12 mence on the project; and 

13 ‘‘(iv) the sponsor’s decision to proceed 

14 with the project in advance of execution of 

15 the grant agreement does not affect the 

16 priority assigned to the project by the Sec17 retary for the allocation of discretionary 

18 funds;’’. 

19 (b) RELOCATION OF AIRPORT-OWNED FACILITIES.— 

20 Section 47110(d) is amended to read as follows: 

21 ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILI22 TIES.—The Secretary may determine that the costs of re23 locating or replacing an airport-owned facility are allow24 able for an airport development project at an airport only 

25 if— 


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

2 be paid with funds apportioned to the airport spon3 sor under section 47114(c)(1) or 47114(d); 

4 ‘‘(2) the Secretary determines that the reloca5 tion or replacement is required due to a change in 

6 the Secretary’s design standards; and 

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

8 is beyond the control of the airport sponsor.’’. 

9 (c) NONPRIMARY AIRPORTS.—Section 47110(h) is 

10 amended— 

11 (1) by inserting ‘‘construction of’’ before ‘‘rev12 enue producing’’; and 

13 (2) by striking ‘‘, including fuel farms and 

14 hangars,’’. 

15 SEC. 135. UNIFORM CERTIFICATION TRAINING FOR AIR16 PORT CONCESSIONS UNDER DISADVAN17 TAGED BUSINESS ENTERPRISE PROGRAM. 

18 (a) IN GENERAL.—Section 47107(e) is amended— 

19 (1) by redesignating paragraph (8) as para20 graph (9); and 

21 (2) by inserting after paragraph (7) the fol22 lowing: 

23 ‘‘(8) MANDATORY TRAINING PROGRAM FOR AIR24 PORT CONCESSIONS.— 


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1 ‘‘(A) IN GENERAL.—Not later than one 

2 year after the date of enactment of the FAA 

3 Reauthorization Act of 2009, the Secretary 

4 shall establish a mandatory training program 

5 for persons described in subparagraph (C) on 

6 the certification of whether a small business 

7 concern in airport concessions qualifies as a 

8 small business concern owned and controlled by 

9 a socially and economically disadvantaged indi10 vidual for purposes of paragraph (1). 

11 ‘‘(B) IMPLEMENTATION.—The training 

12 program may be implemented by one or more 

13 private entities approved by the Secretary. 

14 ‘‘(C) PARTICIPANTS.—A person referred to 

15 in paragraph (1) is an official or agent of an 

16 airport owner or operator who is required to 

17 provide a written assurance under paragraph 

18 (1) that the airport owner or operator will meet 

19 the percentage goal of paragraph (1) or who is 

20 responsible for determining whether or not a 

21 small business concern in airport concessions 

22 qualifies as a small business concern owned and 

23 controlled by a socially and economically dis24 advantaged individual for purposes of para25 graph (1). 


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1 ‘‘(D) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated such sums as may be necessary to carry 

4 out this paragraph.’’. 

5 (b) REPORT.—Not later than 24 months after the 

6 date of enactment of this Act, the Secretary shall submit 

7 to the Committee on Transportation and Infrastructure 

8 of the House of Representatives, the Committee on Com9 merce, Science, and Transportation of the Senate, and 

10 other appropriate committees of Congress a report on the 

11 results of the training program conducted under the 

12 amendment made by subsection (a). 

13 SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS 

14 OWNED AND CONTROLLED BY DISABLED 

15 VETERANS. 

16 Section 47112(c) is amended by adding at the end 

17 the following: 

18 ‘‘(3) A contract involving labor for carrying out an 

19 airport development project under a grant agreement 

20 under this subchapter must require that a preference be 

21 given to the use of small business concerns (as defined 

22 in section 3 of the Small Business Act (15 U.S.C. 1632)) 

23 owned and controlled by disabled veterans.’’. 

24 SEC. 137. CALCULATION OF STATE APPORTIONMENT FUND. 

25 Section 47114(d) is amended— 


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1 (1) in paragraph (2)— 

2 (A) by striking ‘‘Except as provided in 

3 paragraph (3), the Secretary’’ and inserting 

4 ‘‘The Secretary’’; and 

5 (B) by striking ‘‘18.5 percent’’ and insert6 ing ‘‘10 percent’’; and 

7 (2) by striking paragraph (3) and inserting the 

8 following: 

9 ‘‘(3) ADDITIONAL AMOUNT.— 

10 ‘‘(A) IN GENERAL.—In addition to 

11 amounts apportioned under paragraph (2), and 

12 subject to subparagraph (B), the Secretary 

13 shall apportion to each airport, excluding pri14 mary airports but including reliever and nonpri15 mary commercial service airports, in States the 

16 lesser of— 

17 ‘‘(i) $150,000; or 

‘‘(ii) 1 18 ⁄5 of the most recently published 

19 estimate of the 5-year costs for airport im20 provement for the airport, as listed in the 

21 national plan of integrated airport systems 

22 developed by the Federal Aviation Admin23 istration under section 47103. 

24 ‘‘(B) REDUCTION.—In any fiscal year in 

25 which the total amount made available for apVerDate Nov 24 2008 00:55 Feb 10, 2009 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H915.IH H915

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1 portionment under paragraph (2) is less than 

2 $300,000,000, the Secretary shall reduce, on a 

3 prorated basis, the amount to be apportioned 

4 under subparagraph (A) and make such reduc5 tion available to be apportioned under para6 graph (2), so as to apportion under paragraph 

7 (2) a minimum of $300,000,000.’’. 

8 SEC. 138. REDUCING APPORTIONMENTS. 

9 Section 47114(f)(1) is amended— 

10 (1) by striking ‘‘and’’ at the end of subpara11 graph (A); 

12 (2) in subparagraph (B)— 

13 (A) by inserting ‘‘except as provided by 

14 subparagraph (C),’’ before ‘‘in the case’’; and 

15 (B) by striking the period at the end and 

16 inserting ‘‘; and’’; and 

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

18 ‘‘(C) in the case of a charge of more than 

19 $4.50 imposed by the sponsor of an airport en20 planing at least one percent of the total number 

21 of boardings each year in the United States, 

22 100 percent of the projected revenues from the 

23 charge in the fiscal year but not more than 100 

24 percent of the amount that otherwise would be 

25 apportioned under this section.’’. 


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1 SEC. 139. MINIMUM AMOUNT FOR DISCRETIONARY FUND. 

2 Section 47115(g)(1) is amended by striking ‘‘sum 

3 of—’’ and all that follows through the period at the end 

4 of subparagraph (B) and inserting ‘‘sum of 

5 $520,000,000.’’. 

6 SEC. 140. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 

7 Section 47115(j) is amended by striking ‘‘fiscal years 

8 2004 through 2008, and for the portion of fiscal year 

9 2009 ending before April 1, 2009,’’ and inserting, ‘‘fiscal 

10 years 2008 through 2012,’’. 

11 SEC. 141. USE OF APPORTIONED AMOUNTS. 

12 Section 47117(e)(1)(A) is amended— 

13 (1) in the first sentence— 

14 (A) by striking ‘‘35 percent’’ and inserting 

15 ‘‘$300,000,000’’; 

16 (B) by striking ‘‘and’’ after ‘‘47141,’’; and 

17 (C) by inserting before the period at the 

18 end the following: ‘‘, and for water quality miti19 gation projects to comply with the Federal 

20 Water Pollution Control Act (33 U.S.C. 1251 et 

21 seq.) as approved in an environmental record of 

22 decision for an airport development project 

23 under this title’’; and 

24 (2) in the second sentence by striking ‘‘such 35 

25 percent requirement is’’ and inserting ‘‘the require26 ments of the preceding sentence are’’. 


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1 SEC. 142. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 

2 (a) IN GENERAL.—Section 47133(b) is amended— 

3 (1) by striking ‘‘Subsection (a) shall not apply 

4 if’’ and inserting the following: 

5 ‘‘(1) PRIOR LAWS AND AGREEMENTS.—Sub6 section (a) shall not apply if’’; and 

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

8 ‘‘(2) SALE OF PRIVATE AIRPORT TO PUBLIC

9 SPONSOR.—In the case of a privately owned airport, 

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

11 the 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 sub14 title for any portion of the public sponsor’s ac15 quisition of airport land; and 

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

17 unamortized portion of any airport improve18 ment grant made to that airport for purposes 

19 other than land acquisition, amortized over a 

20 20-year period, plus an amount equal to the 

21 Federal share of the current fair market value 

22 of any land acquired with an airport improve23 ment grant made to that airport on or after Oc24 tober 1, 1996, is repaid to the Secretary by the 

25 private owner. 


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1 ‘‘(3) TREATMENT OF REPAYMENTS.—Repay2 ments referred to in paragraph (2)(C) shall be treat3 ed as a recovery of prior year obligations.’’. 

4 (b) APPLICABILITY TO GRANTS.—The amendments 

5 made by subsection (a) shall apply to grants issued on 

6 or after October 1, 1996. 

7 SEC. 143. AIRPORT PRIVATIZATION PILOT PROGRAM. 

8 (a) APPROVAL REQUIREMENTS.—Section 47134 is 

9 amended in subsections (b)(1)(A)(i), (b)(1)(A)(ii), 

10 (c)(4)(A), and (c)(4)(B) by striking ‘‘65 percent’’ each 

11 place it appears and inserting ‘‘75 percent’’. 

12 (b) PROHIBITION ON RECEIPT OF FUNDS.— 

13 (1) SECTION 47134.—Section 47134 is amended 

14 by adding at the end the following: 

15 ‘‘(n) PROHIBITION ON RECEIPT OF CERTAIN

16 FUNDS.—An airport receiving an exemption under sub17 section (b) shall be prohibited from receiving apportion18 ments under section 47114 or discretionary funds under 

19 section 47115.’’. 

20 (2) CONFORMING AMENDMENTS.—Section 

21 47134(g) is amended— 

22 (A) in the subsection heading by striking 

23 ‘‘APPORTIONMENTS;’’; 

24 (B) in paragraph (1) by striking the semi25 colon at the end and inserting ‘‘; or’’; 


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1 (C) by striking paragraph (2); and 

2 (D) by redesignating paragraph (3) as 

3 paragraph (2). 

4 (c) FEDERAL SHARE OF PROJECT COSTS.—Section 

5 47109(a) is amended— 

6 (1) by striking the semicolon at the end of 

7 paragraph (3) and inserting ‘‘; and’’; 

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

9 (3) by redesignating paragraph (5) as para10 graph (4). 

11 SEC. 144. AIRPORT SECURITY PROGRAM. 

12 Section 47137(g) is amended by striking 

13 ‘‘$5,000,000’’ and inserting ‘‘$8,500,000’’. 

14 SEC. 145. SUNSET OF PILOT PROGRAM FOR PURCHASE OF 

15 AIRPORT DEVELOPMENT RIGHTS. 

16 Section 47138 is amended by adding at the end the 

17 following: 

18 ‘‘(f) SUNSET.—This section shall not be in effect 

19 after September 30, 2008.’’. 

20 SEC. 146. EXTENSION OF GRANT AUTHORITY FOR COMPAT21 IBLE LAND USE PLANNING AND PROJECTS 

22 BY STATE AND LOCAL GOVERNMENTS. 

23 Section 47141(f) is amended by striking ‘‘March 31, 

24 2009’’ and inserting ‘‘September 30, 2012’’. 


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1 SEC. 147. REPEAL OF LIMITATIONS ON METROPOLITAN 

2 WASHINGTON AIRPORTS AUTHORITY. 

3 Section 49108, and the item relating to such section 

4 in the analysis for chapter 491, are repealed. 

5 SEC. 148. MIDWAY ISLAND AIRPORT. 

6 Section 186(d) of the Vision 100—Century of Avia7 tion Reauthorization Act (117 Stat. 2518) is amended by 

8 striking ‘‘for fiscal years ending before October 1, 2008 

9 and for the portion of fiscal year 2009 ending before April 

10 1, 2009,’’ and inserting ‘‘October 1, 2012’’. 

11 SEC. 149. PUERTO RICO MINIMUM GUARANTEE. 

12 Section 47114(e) is amended— 

13 (1) in the subsection heading by inserting ‘‘AND

14 PUERTO RICO’’ after ‘‘ALASKA’’; and 

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

16 ‘‘(5) PUERTO RICO MINIMUM GUARANTEE.—In 

17 any fiscal year in which the total amount appor18 tioned to airports in Puerto Rico under subsections 

19 (c) and (d) is less than 1.5 percent of the total 

20 amount apportioned to all airports under subsections 

21 (c) and (d), the Secretary shall apportion to the 

22 Puerto Rico Ports Authority for airport development 

23 projects in such fiscal year an amount equal to the 

24 difference between 1.5 percent of the total amounts 

25 apportioned under subsections (c) and (d) in such 

26 fiscal year and the amount otherwise apportioned 


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1 under subsections (c) and (d) to airports in Puerto 

2 Rico in such fiscal year.’’. 

3 SEC. 150. MISCELLANEOUS AMENDMENTS. 

4 (a) TECHNICAL CHANGES TO NATIONAL PLAN OF

5 INTEGRATED AIRPORT SYSTEMS.—Section 47103 is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘each airport to—’’ and in9 serting ‘‘the airport system to—’’; 

10 (B) in paragraph (1) by striking ‘‘system 

11 in the particular area;’’ and inserting ‘‘system, 

12 including connection to the surface transpor13 tation network; and’’; 

14 (C) in paragraph (2) by striking ‘‘; and’’ 

15 and inserting a period; and 

16 (D) by striking paragraph (3); 

17 (2) in subsection (b)— 

18 (A) in paragraph (1) by striking the semi19 colon and inserting ‘‘; and’’; 

20 (B) by striking paragraph (2) and redesig21 nating paragraph (3) as paragraph (2); and 

22 (C) in paragraph (2) (as so redesignated) 

23 by striking ‘‘, Short Takeoff and Landing/Very 

24 Short Takeoff and Landing aircraft oper25 ations,’’; and 


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1 (3) in subsection (d) by striking ‘‘status of 

2 the’’. 

3 (b) UPDATE VETERANS PREFERENCE DEFINI4 TION.—Section 47112(c) is amended— 

5 (1) in paragraph (1)— 

6 (A) in subparagraph (B) by striking ‘‘sepa7 rated from’’ and inserting ‘‘discharged or re8 leased from active duty in’’; and 

9 (B) by adding at the end the following: 

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

11 individual who served on active duty (as defined by 

12 section 101 of title 38) in the Armed Forces for a 

13 period of more than 180 consecutive days, any part 

14 of which occurred during the period beginning on 

15 September 11, 2001, and ending on the date pre16 scribed by presidential proclamation or by law as the 

17 last date of Operation Iraqi Freedom, and who was 

18 separated from the Armed Forces under honorable 

19 conditions.’’; and 

20 (2) in paragraph (2) by striking ‘‘veterans and’’ 

21 and inserting ‘‘veterans, Afghanistan-Iraq war vet22 erans, and’’. 

23 (c) CONSOLIDATION OF TERMINAL DEVELOPMENT

24 PROVISIONS.—Section 47119 is amended— 


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1 (1) by redesignating subsections (a), (b), (c), 

2 and (d) as subsections (b), (c), (d), and (e), respec3 tively; and 

4 (2) by inserting before subsection (b) (as so re5 designated) the following: 

6 ‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 

7 ‘‘(1) IN GENERAL.—The Secretary may approve 

8 a project for terminal development (including 

9 multimodal terminal development) in a nonrevenue10 producing public-use area of a commercial service 

11 airport— 

12 ‘‘(A) if the sponsor certifies that the air13 port, on the date the grant application is sub14 mitted to the Secretary, has— 

15 ‘‘(i) all the safety equipment required 

16 for certification of the airport under sec17 tion 44706; 

18 ‘‘(ii) all the security equipment re19 quired by regulation; and 

20 ‘‘(iii) provided for access by pas21 sengers to the area of the airport for 

22 boarding or exiting aircraft that are not 

23 air carrier aircraft; 

24 ‘‘(B) if the cost is directly related to mov25 ing passengers and baggage in air commerce 


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1 within the airport, including vehicles for moving 

2 passengers between terminal facilities and be3 tween terminal facilities and aircraft; and 

4 ‘‘(C) under terms necessary to protect the 

5 interests of the Government. 

6 ‘‘(2) PROJECT IN REVENUE-PRODUCING AREAS

7 AND NONREVENUE-PRODUCING PARKING LOTS.—In 

8 making a decision under paragraph (1), the Sec9 retary may approve as allowable costs the expenses 

10 of terminal development in a revenue-producing area 

11 and construction, reconstruction, repair, and im12 provement in a nonrevenue-producing parking lot 

13 if— 

14 ‘‘(A) except as provided in section 

15 47108(e)(3), the airport does not have more 

16 than .05 percent of the total annual passenger 

17 boardings in the United States; and 

18 ‘‘(B) the sponsor certifies that any needed 

19 airport development project affecting safety, se20 curity, or capacity will not be deferred because 

21 of the Secretary’s approval.’’; 

22 (3) in paragraphs (3) and (4)(A) of subsection 

23 (b) (as redesignated by paragraph (1) of this sub24 section) by striking ‘‘section 47110(d)’’ and insert25 ing ‘‘subsection (a)’’; 


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1 (4) in paragraph (5) of subsection (b) (as re2 designated by paragraph (1) of this subsection) by 

3 striking ‘‘subsection (b)(1) and (2)’’ and inserting 

4 ‘‘subsections (c)(1) and (c)(2)’’; 

5 (5) in paragraphs (2)(A), (3), and (4) of sub6 section (c) (as redesignated by paragraph (1) of this 

7 subsection) by striking ‘‘section 47110(d) of this 

8 title’’ and inserting ‘‘subsection (a)’’; 

9 (6) in paragraph (2)(B) of subsection (c) (as 

10 redesignated by paragraph (1) of this subsection) by 

11 striking ‘‘section 47110(d)’’ and inserting ‘‘sub12 section (a)’’; 

13 (7) in subsection (c)(5) (as redesignated by 

14 paragraph (1) of this subsection) by striking ‘‘sec15 tion 47110(d)’’ and inserting ‘‘subsection (a)’’; and 

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

17 ‘‘(f) LIMITATION ON DISCRETIONARY FUNDS.—The 

18 Secretary may distribute not more than $20,000,000 from 

19 the discretionary fund established under section 47115 for 

20 terminal development projects at a nonhub airport or a 

21 small hub airport that is eligible to receive discretionary 

22 funds under section 47108(e)(3).’’. 

23 (d) ANNUAL REPORT.—Section 47131(a) is amend24 ed— 


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

2 1’’; and 

3 (2) by striking paragraphs (1), (2), (3), and (4) 

4 and inserting the following: 

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

6 planning completed; 

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

8 ‘‘(3) an accounting of discretionary and appor9 tioned funds allocated; 

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

11 (e) CORRECTION TO EMISSION CREDITS PROVI12 SION.—Section 47139 is amended— 

13 (1) in subsection (a) by striking 

14 ‘‘47102(3)(F),’’; and 

15 (2) in subsection (b)— 

16 (A) by striking ‘‘47102(3)(F),’’; and 

17 (B) by striking ‘‘47103(3)(F),’’. 

18 (f) CONFORMING AMENDMENT TO CIVIL PENALTY

19 ASSESSMENT AUTHORITY.—Section 46301(d)(2) is 

20 amended by inserting ‘‘46319,’’ after ‘‘46318,’’. 

21 (g) OTHER CONFORMING AMENDMENTS.—Sections 

22 40117(a)(3)(B) and 47108(e)(3) are each amended by 

23 striking ‘‘section 47110(d)’’ each place it appears and in24 serting ‘‘section 47119(a)’’. 


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1 (h) CORRECTION TO SURPLUS PROPERTY AUTHOR2 ITY.—Section 47151(e) is amended by striking ‘‘(other 

3 than real property’’ and all that follows through ‘‘(10 

4 U.S.C. 2687 note))’’. 

5 (i) AIRPORT CAPACITY BENCHMARK REPORTS.—Sec6 tion 47175(2) is amended by striking ‘‘Airport Capacity 

7 Benchmark Report 2001’’ and inserting ‘‘2001 and 2004 

8 Airport Capacity Benchmark Reports or table 1 of the 

9 Federal Aviation Administration’s most recent airport ca10 pacity benchmark report’’. 

11 TITLE II—NEXT GENERATION 

12 AIR TRANSPORTATION SYS13 TEM AND AIR TRAFFIC CON14 TROL MODERNIZATION 

15 SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) The United States faces a great national 

18 challenge as the Nation’s aviation infrastructure is 

19 at a crossroads. 

20 (2) The demand for aviation services, a critical 

21 element of the United States economy, vital in sup22 porting the quality of life of the people of the United 

23 States, and critical in support of the Nation’s de24 fense and national security, is growing at an ever in25 creasing rate. At the same time, the ability of the 


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1 United States air transportation system to expand 

2 and change to meet this increasing demand is lim3 ited. 

4 (3) The aviation industry accounts for more 

5 than 11,000,000 jobs in the United States and con6 tributes approximately $741,000,000,000 annually 

7 to the United States gross domestic product. 

8 (4) The United States air transportation sys9 tem continues to drive economic growth in the 

10 United States and will continue to be a major eco11 nomic driver as air traffic triples over the next 20 

12 years. 

13 (5) The Next Generation Air Transportation 

14 System (in this section referred to as the ‘‘NextGen 

15 System’’) is the system for achieving long-term 

16 transformation of the United States air transpor17 tation system that focuses on developing and imple18 menting new technologies and that will set the stage 

19 for the long-term development of a scalable and 

20 more flexible air transportation system without com21 promising the unprecedented safety record of United 

22 States aviation. 

23 (6) The benefits of the NextGen System, in 

24 terms of promoting economic growth and develop25 ment, are enormous. 


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1 (7) The NextGen System will guide the path of 

2 the United States air transportation system in the 

3 challenging years ahead. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) modernizing the air transportation system 

7 is a national priority and the United States must 

8 make a commitment to revitalizing this essential 

9 component of the Nation’s transportation infrastruc10 ture; 

11 (2) one fundamental requirement for the suc12 cess of the NextGen System is strong leadership and 

13 sufficient resources; 

14 (3) the Joint Planning and Development Office 

15 of the Federal Aviation Administration and the Next 

16 Generation Air Transportation System Senior Policy 

17 Committee, each established by Congress in 2003, 

18 will lead and facilitate this important national mis19 sion to ensure that the programs and capabilities of 

20 the NextGen System are carefully integrated and 

21 aligned; 

22 (4) Government agencies and industry must 

23 work together, carefully integrating and aligning 

24 their work to meet the needs of the NextGen System 


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1 in the development of budgets, programs, planning, 

2 and research; 

3 (5) the Department of Transportation, the Fed4 eral Aviation Administration, the Department of De5 fense, the Department of Homeland Security, the 

6 Department of Commerce, and the National Aero7 nautics and Space Administration must work in co8 operation and make transformational improvements 

9 to the United States air transportation infrastruc10 ture a priority; and 

11 (6) due to the critical importance of the 

12 NextGen System to the economic and national secu13 rity of the United States, partner departments and 

14 agencies must be provided with the resources re15 quired to complete the implementation of the 

16 NextGen System. 

17 SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYS18 TEM JOINT PLANNING AND DEVELOPMENT 

19 OFFICE. 

20 (a) ESTABLISHMENT.— 

21 (1) ASSOCIATE ADMINISTRATOR FOR THE NEXT

22 GENERATION AIR TRANSPORTATION SYSTEM.—Sec23 tion 709(a) of Vision 100—Century of Aviation Re24 authorization Act (49 U.S.C. 40101 note; 117 Stat. 

25 2582) is amended— 


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1 (A) by redesignating paragraphs (2), (3), 

2 and (4) as paragraphs (3), (4), and (5), respec3 tively; and 

4 (B) by inserting after paragraph (1) the 

5 following: 

6 ‘‘(2) The director of the Office shall be the Associate 

7 Administrator for the Next Generation Air Transportation 

8 System, who shall be appointed by the Administrator of 

9 the Federal Aviation Administration. The Associate Ad10 ministrator shall report to the Administrator.’’. 

11 (2) RESPONSIBILITIES.—Section 709(a)(3) of 

12 such Act (as redesignated by paragraph (1) of this 

13 subsection) is amended— 

14 (A) in subparagraph (G) by striking ‘‘; 

15 and’’ and inserting a semicolon; 

16 (B) in subparagraph (H) by striking the 

17 period at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(I) establishing specific quantitative goals 

20 for the safety, capacity, efficiency, performance, 

21 and environmental impacts of each phase of 

22 Next Generation Air Transportation System im23 plementation activities and measuring actual 

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1 cerns of affected communities to the greatest 

2 extent practicable in establishing the environ3 mental goals; 

4 ‘‘(J) working to ensure global interoper5 ability of the Next Generation Air Transpor6 tation System; 

7 ‘‘(K) working to ensure the use of weather 

8 information and space weather information in 

9 the Next Generation Air Transportation System 

10 as soon as possible; 

11 ‘‘(L) overseeing, with the Administrator of 

12 the Federal Aviation Administration, the selec13 tion of products or outcomes of research and 

14 development activities that would be moved to 

15 the next stage of a demonstration project; and 

16 ‘‘(M) maintaining a baseline modeling and 

17 simulation environment for testing and evalu18 ating alternative concepts to satisfy Next Gen19 eration Air Transportation enterprise architec20 ture requirements.’’. 

21 (3) COOPERATION WITH OTHER FEDERAL

22 AGENCIES.—Section 709(a)(4) of such Act (as re23 designated by paragraph (1) of this subsection) is 

24 amended— 


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1 (A) by striking ‘‘(4)’’ and inserting 

2 ‘‘(4)(A)’’; and 

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

4 ‘‘(B) The Secretary of Defense, the Administrator of 

5 the National Aeronautics and Space Administration, the 

6 Secretary of Commerce, the Secretary of Homeland Secu7 rity, and the head of any other Federal agency from which 

8 the Secretary of Transportation requests assistance under 

9 subparagraph (A) shall designate a senior official in the 

10 agency to be responsible for— 

11 ‘‘(i) carrying out the activities of the agency re12 lating to the Next Generation Air Transportation 

13 System in coordination with the Office, including the 

14 execution of all aspects of the work of the agency in 

15 developing and implementing the integrated work 

16 plan described in subsection (b)(5); 

17 ‘‘(ii) serving as a liaison for the agency in ac18 tivities of the agency relating to the Next Generation 

19 Air Transportation System and coordinating with 

20 other Federal agencies involved in activities relating 

21 to the System; and 

22 ‘‘(iii) ensuring that the agency meets its obliga23 tions as set forth in any memorandum of under24 standing executed by or on behalf of the agency reVerDate Nov 24 2008 00:55 Feb 10, 2009 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H915.IH H915

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1 lating to the Next Generation Air Transportation 

2 System. 

3 ‘‘(C) The head of a Federal agency referred to in sub4 paragraph (B) shall ensure that— 

5 ‘‘(i) the responsibilities of the agency relating to 

6 the Next Generation Air Transportation System are 

7 clearly communicated to the senior official of the 

8 agency designated under subparagraph (B); and 

9 ‘‘(ii) the performance of the senior official in 

10 carrying out the responsibilities of the agency relat11 ing to the Next Generation Air Transportation Sys12 tem is reflected in the official’s annual performance 

13 evaluations and compensation. 

14 ‘‘(D) The head of a Federal agency referred to in 

15 subparagraph (B) shall— 

16 ‘‘(i) establish or designate an office within the 

17 agency to carry out its responsibilities under the 

18 memorandum of understanding under the super19 vision of the designated official; and 

20 ‘‘(ii) ensure that the designated official has suf21 ficient budgetary authority and staff resources to 

22 carry out the agency’s Next Generation Air Trans23 portation System responsibilities as set forth in the 

24 integrated plan under subsection (b). 


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1 ‘‘(E) Not later than 6 months after the date of enact2 ment of this subparagraph, the head of each Federal agen3 cy that has responsibility for carrying out any activity 

4 under the integrated plan under subsection (b) shall exe5 cute a memorandum of understanding with the Office obli6 gating that agency to carry out the activity.’’. 

7 (4) COORDINATION WITH OMB.—Section 709(a) 

8 of such Act (117 Stat. 2582) is further amended by 

9 adding at the end the following: 

10 ‘‘(6)(A) The Office shall work with the Director of 

11 the Office of Management and Budget to develop a process 

12 whereby the Director will identify projects related to the 

13 Next Generation Air Transportation System across the 

14 agencies referred to in paragraph (4)(A) and consider the 

15 Next Generation Air Transportation System as a unified, 

16 cross-agency program. 

17 ‘‘(B) The Director, to the maximum extent prac18 ticable, shall— 

19 ‘‘(i) ensure that— 

20 ‘‘(I) each Federal agency covered by the 

21 plan has sufficient funds requested in the Presi22 dent’s budget, as submitted under section 

23 1105(a) of title 31, United States Code, for 

24 each fiscal year covered by the plan to carry out 

25 its responsibilities under the plan; and 


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1 ‘‘(II) the development and implementation 

2 of the Next Generation Air Transportation Sys3 tem remains on schedule; 

4 ‘‘(ii) include, in the President’s budget, a state5 ment of the portion of the estimated budget of each 

6 Federal agency covered by the plan that relates to 

7 the activities of the agency under the Next Genera8 tion Air Transportation System initiative; and 

9 ‘‘(iii) identify and justify as part of the Presi10 dent’s budget submission any inconsistencies be11 tween the plan and amounts requested in the budg12 et. 

13 ‘‘(7) The Associate Administrator of the Next Gen14 eration Air Transportation System shall be a voting mem15 ber of the Joint Resources Council of the Federal Aviation 

16 Administration.’’. 

17 (b) INTEGRATED PLAN.—Section 709(b) of such Act 

18 (117 Stat. 2583) is amended— 

19 (1) in the matter preceding paragraph (1)— 

20 (A) by striking ‘‘meets air’’ and inserting 

21 ‘‘meets anticipated future air’’; and 

22 (B) by striking ‘‘beyond those currently in23 cluded in the Federal Aviation Administration’s 

24 operational evolution plan’’; 


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1 (2) by striking ‘‘and’’ at the end of paragraph 

2 (3); 

3 (3) by striking the period at the end of para4 graph (4) and inserting ‘‘; and’’; and 

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

6 ‘‘(5) a multiagency integrated work plan for the 

7 Next Generation Air Transportation System that in8 cludes— 

9 ‘‘(A) an outline of the activities required to 

10 achieve the end-state architecture, as expressed 

11 in the concept of operations and enterprise ar12 chitecture documents, that identifies each Fed13 eral agency or other entity responsible for each 

14 activity in the outline; 

15 ‘‘(B) details on a year-by-year basis of spe16 cific accomplishments, activities, research re17 quirements, rulemakings, policy decisions, and 

18 other milestones of progress for each Federal 

19 agency or entity conducting activities relating to 

20 the Next Generation Air Transportation Sys21 tem; 

22 ‘‘(C) for each element of the Next Genera23 tion Air Transportation System, an outline, on 

24 a year-by-year basis, of what is to be accom25 plished in that year toward meeting the Next 


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1 Generation Air Transportation System’s end2 state architecture, as expressed in the concept 

3 of operations and enterprise architecture docu4 ments, as well as identifying each Federal agen5 cy or other entity that will be responsible for 

6 each component of any research, development, 

7 or implementation program; 

8 ‘‘(D) an estimate of all necessary expendi9 tures on a year-by-year basis, including a state10 ment of each Federal agency or entity’s respon11 sibility for costs and available resources, for 

12 each stage of development from the basic re13 search stage through the demonstration and im14 plementation phase; 

15 ‘‘(E) a clear explanation of how each step 

16 in the development of the Next Generation Air 

17 Transportation System will lead to the following 

18 step and of the implications of not successfully 

19 completing a step in the time period described 

20 in the integrated work plan; 

21 ‘‘(F) a transition plan for the implementa22 tion of the Next Generation Air Transportation 

23 System that includes date-specific milestones 

24 for the implementation of new capabilities into 

25 the national airspace system; and 


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1 ‘‘(G) date-specific timetables for meeting 

2 the environmental goals identified in subsection 

3 (a)(3)(I).’’. 

4 (c) NEXTGEN IMPLEMENTATION PLAN.—Section 

5 709(d) of such Act (117 Stat. 2584) is amended to read 

6 as follows: 

7 ‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The Ad8 ministrator of the Federal Aviation Administration shall 

9 develop and publish annually the document known as the 

10 ‘NextGen Implementation Plan’, or any successor docu11 ment, that provides a detailed description of how the agen12 cy is implementing the Next Generation Air Transpor13 tation System.’’. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 709(e) of such Act (117 Stat. 2584) is amended by strik16 ing ‘‘2010’’ and inserting ‘‘2012’’. 

17 (e) CONTINGENCY PLANNING.—The Associate Ad18 ministrator for the Next Generation Air Transportation 

19 System shall, as part of the design of the System, develop 

20 contingency plans for dealing with the degradation of the 

21 System in the event of a natural disaster, major equip22 ment failure, or act of terrorism. 


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1 SEC. 203. NEXT GENERATION AIR TRANSPORTATION SEN2 IOR POLICY COMMITTEE. 

3 (a) MEETINGS.—Section 710(a) of Vision 100—Cen4 tury of Aviation Reauthorization Act (49 U.S.C. 40101 

5 note; 117 Stat. 2584) is amended by inserting before the 

6 period at the end the following ‘‘and shall meet at least 

7 twice each year’’. 

8 (b) ANNUAL REPORT.—Section 710 of such Act (117 

9 Stat. 2584) is amended by adding at the end the following: 

10 ‘‘(e) ANNUAL REPORT.— 

11 ‘‘(1) SUBMISSION TO CONGRESS.—Not later 

12 than one year after the date of enactment of this 

13 subsection, and annually thereafter on the date of 

14 submission of the President’s budget request to Con15 gress under section 1105(a) of title 31, United 

16 States Code, the Secretary shall submit to the Com17 mittee on Transportation and Infrastructure and the 

18 Committee on Science and Technology of the House 

19 of Representatives and the Committee on Commerce, 

20 Science, and Transportation of the Senate a report 

21 summarizing the progress made in carrying out the 

22 integrated work plan required by section 709(b)(5) 

23 and any changes in that plan. 

24 ‘‘(2) CONTENTS.—The report shall include— 

25 ‘‘(A) a copy of the updated integrated 

26 work plan; 


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1 ‘‘(B) a description of the progress made in 

2 carrying out the integrated work plan and any 

3 changes in that plan, including any changes 

4 based on funding shortfalls and limitations set 

5 by the Office of Management and Budget; 

6 ‘‘(C) a detailed description of— 

7 ‘‘(i) the success or failure of each item 

8 of the integrated work plan for the pre9 vious year and relevant information as to 

10 why any milestone was not met; and 

11 ‘‘(ii) the impact of not meeting the 

12 milestone and what actions will be taken in 

13 the future to account for the failure to 

14 complete the milestone; 

15 ‘‘(D) an explanation of any change to fu16 ture years in the integrated work plan and the 

17 reasons for such change; and 

18 ‘‘(E) an identification of the levels of fund19 ing for each agency participating in the inte20 grated work plan devoted to programs and ac21 tivities under the plan for the previous fiscal 

22 year and in the President’s budget request.’’. 

23 SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROAD24 CAST SERVICES. 

25 (a) REPORT ON FAA PROGRAM AND SCHEDULE.— 


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1 (1) IN GENERAL.—The Administrator of the 

2 Federal Aviation Administration shall prepare a re3 port detailing the program and schedule for inte4 grating automatic dependent surveillance-broadcast 

5 (in this section referred to as ‘‘ADS-B’’) technology 

6 into the national airspace system. 

7 (2) CONTENTS.—The report shall include— 

8 (A) a description of segment 1 and seg9 ment 2 activity to acquire ADS-B services; 

10 (B) a description of plans for implementa11 tion of advanced operational procedures and 

12 ADS-B air-to-air applications; and 

13 (C) a discussion of protections that the 

14 Administration will require as part of any con15 tract or program in the event of a contractor’s 

16 default, bankruptcy, acquisition by another en17 tity, or any other event jeopardizing the unin18 terrupted provision of ADS-B services. 

19 (3) SUBMISSION TO CONGRESS.—Not later than 

20 90 days after the date of enactment of this Act, the 

21 Administrator shall submit to the Committee on 

22 Transportation and Infrastructure of the House of 

23 Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate the report 

25 prepared under paragraph (1). 


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1 (b) REQUIREMENTS OF FAA CONTRACTS FOR ADS2 B SERVICES.—Any contract entered into by the Adminis3 trator with an entity to acquire ADS-B services shall con4 tain terms and conditions that— 

5 (1) require approval by the Administrator be6 fore the contract may be assigned to or assumed by 

7 another entity, including any successor entity, sub8 sidiary of the contractor, or other corporate entity; 

9 (2) provide that the assets, equipment, hard10 ware, and software used in the performance of the 

11 contract be designated as critical national infrastruc12 ture for national security and related purposes; 

13 (3) require the contractor to provide continued 

14 broadcast services for a reasonable period, as deter15 mined by the Administrator, until the provision of 

16 such services can be transferred to another vendor 

17 or to the Government in the event of a termination 

18 of the contract; 

19 (4) require the contractor to provide continued 

20 broadcast services for a reasonable period, as deter21 mined by the Administrator, until the provision of 

22 such services can be transferred to another vendor 

23 or to the Government in the event of material non24 performance, as determined by the Administrator; 

25 and 


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1 (5) permit the Government to acquire or utilize 

2 for a reasonable period, as determined by the Ad3 ministrator, the assets, equipment, hardware, and 

4 software necessary to ensure the continued and un5 interrupted provision of ADS-B services and to have 

6 ready access to such assets, equipment, hardware, 

7 and software through its own personnel, agents, or 

8 others, if the Administrator provides reasonable 

9 compensation for such acquisition or utilization. 

10 (c) REVIEW BY DOT INSPECTOR GENERAL.— 

11 (1) IN GENERAL.—The Inspector General of 

12 the Department of Transportation shall conduct a 

13 review concerning the Federal Aviation Administra14 tion’s award and oversight of any contract entered 

15 into by the Administration to provide ADS-B serv16 ices for the national airspace system. 

17 (2) CONTENTS.—The review shall include, at a 

18 minimum— 

19 (A) an examination of how program risks 

20 are being managed; 

21 (B) an assessment of expected benefits at22 tributable to the deployment of ADS-B services, 

23 including the implementation of advanced oper24 ational procedures and air-to-air applications as 


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1 well as to the extent to which ground radar will 

2 be retained; 

3 (C) a determination of whether the Admin4 istration has established sufficient mechanisms 

5 to ensure that all design, acquisition, operation, 

6 and maintenance requirements have been met 

7 by the contractor; 

8 (D) an assessment of whether the Admin9 istration and any contractors are meeting cost, 

10 schedule, and performance milestones, as meas11 ured against the original baseline of the Admin12 istration’s program for providing ADS-B serv13 ices; 

14 (E) an assessment of whether security 

15 issues are being adequately addressed in the 

16 overall design and implementation of the ADS17 B system; and 

18 (F) any other matters or aspects relating 

19 to contract implementation and oversight that 

20 the Inspector General determines merit atten21 tion. 

22 (3) REPORTS TO CONGRESS.—The Inspector 

23 General shall periodically, on at least an annual 

24 basis, submit to the Committee on Transportation 

25 and Infrastructure of the House of Representatives 


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1 and the Committee on Commerce, Science, and 

2 Transportation of the Senate a report on the results 

3 of the review conducted under this subsection. 

4 SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC 

5 CONTROL MODERNIZATION PROJECTS. 

6 (a) IN GENERAL.—The Administrator of the Federal 

7 Aviation Administration shall establish a process for in8 cluding in the planning, development, and deployment of 

9 air traffic control modernization projects (including the 

10 Next Generation Air Transportation System) and collabo11 rating with qualified employees selected by each exclusive 

12 collective bargaining representative of employees of the 

13 Administration who are likely to be impacted by such plan14 ning, development, and deployment. 

15 (b) PARTICIPATION.— 

16 (1) BARGAINING OBLIGATIONS AND RIGHTS.— 

17 Participation in the process described in subsection 

18 (a) shall not be construed as a waiver of any bar19 gaining obligations or rights under section 

20 40122(a)(1) or 40122(g)(2)(C) of title 49, United 

21 States Code. 

22 (2) CAPACITY AND COMPENSATION.—Exclusive 

23 collective bargaining representatives and selected 

24 employees participating in the process described in 

25 subsection (a) shall— 


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1 (A) serve in a collaborative and advisory 

2 capacity; and 

3 (B) receive appropriate travel and per 

4 diem expenses in accordance with the travel 

5 policies of the Administration in addition to any 

6 regular compensation and benefits. 

7 (c) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Administrator shall submit 

9 to the Committee on Transportation and Infrastructure 

10 of the House of Representatives and the Committee on 

11 Commerce, Science, and Transportation of the Senate a 

12 report on the implementation of this section. 

13 SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH 

14 TRANSFORMING TO THE NEXT GENERATION 

15 AIR TRANSPORTATION SYSTEM. 

16 (a) IN GENERAL.—The Comptroller General shall 

17 conduct a review of the progress and challenges associated 

18 with transforming the Nation’s air traffic control system 

19 into the Next Generation Air Transportation System (in 

20 this section referred to as the ‘‘NextGen System’’). 

21 (b) REVIEW.—The review shall include the following: 

22 (1) An evaluation of the continued implementa23 tion and institutionalization of the processes that are 

24 key to the ability of the Air Traffic Organization to 

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1 tems acquisitions procedures utilized under the cur2 rent air traffic control modernization program as a 

3 basis for the NextGen System. 

4 (2) An assessment of the progress and chal5 lenges associated with collaboration and contribu6 tions of the partner agencies working with the Joint 

7 Planning and Development Office of the Federal 

8 Aviation Administration (in this section referred to 

9 as the ‘‘JPDO’’) in planning and implementing the 

10 NextGen System. 

11 (3) The progress and challenges associated with 

12 coordinating government and industry stakeholders 

13 in activities relating to the NextGen System, includ14 ing an assessment of the contributions of the 

15 NextGen Institute. 

16 (4) An assessment of planning and implementa17 tion of the NextGen System against established 

18 schedules, milestones, and budgets. 

19 (5) An evaluation of the recently modified orga20 nizational structure of the JPDO. 

21 (6) An examination of transition planning by 

22 the Air Traffic Organization and the JPDO. 

23 (7) Any other matters or aspects of planning 

24 and coordination of the NextGen System by the 


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1 Federal Aviation Administration and the JPDO that 

2 the Comptroller General determines appropriate. 

3 (c) REPORTS.— 

4 (1) REPORT TO CONGRESS ON PRIORITIES.— 

5 Not later than one year after the date of enactment 

6 of this Act, the Comptroller General shall determine 

7 the priority of topics to be reviewed under this sec8 tion and report such priorities to the Committee on 

9 Transportation and Infrastructure and the Com10 mittee on Science and Technology of the House of 

11 Representatives and the Committee on Commerce, 

12 Science, and Transportation of the Senate. 

13 (2) PERIODIC REPORTS TO CONGRESS ON RE14 SULTS OF THE REVIEW.—The Comptroller General 

15 shall periodically submit to the committees referred 

16 to in paragraph (1) a report on the results of the 

17 review conducted under this section. 

18 SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANS19 PORTATION SYSTEM ACQUISITION AND PRO20 CEDURES DEVELOPMENT. 

21 (a) STUDY.—The Comptroller General shall conduct 

22 a review of the progress made and challenges related to 

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1 tation System (in this section referred to as the ‘‘NextGen 

2 System’’). 

3 (b) SPECIFIC SYSTEMS REVIEW.—The review shall 

4 include, at a minimum, an examination of the acquisition 

5 costs, schedule, and other relevant considerations for the 

6 following systems: 

7 (1) En Route Automation Modernization 

8 (ERAM). 

9 (2) Standard Terminal Automation Replace10 ment System/Common Automated Radar Terminal 

11 System (STARS/CARTS). 

12 (3) Automatic Dependent Surveillance-Broad13 cast (ADS-B). 

14 (4) System Wide Information Management 

15 (SWIM). 

16 (5) Traffic Flow Management Modernization 

17 (TFM-M). 

18 (c) REVIEW.—The review shall include, at a min19 imum, an assessment of the progress and challenges re20 lated to the development of standards, regulations, and 

21 procedures that will be necessary to implement the 

22 NextGen System, including required navigation perform23 ance, area navigation, the airspace management program, 

24 and other programs and procedures that the Comptroller 


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1 General identifies as relevant to the transformation of the 

2 air traffic system. 

3 (d) PERIODIC REPORTS TO CONGRESS ON RESULTS

4 OF THE REVIEW.—The Comptroller General shall periodi5 cally submit to the Committee on Transportation and In6 frastructure and the Committee on Science and Tech7 nology of the House of Representatives and the Committee 

8 on Commerce, Science, and Transportation of the Senate 

9 a report on the results of the review conducted under this 

10 section. 

11 SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPER12 ATIONAL AND APPROACH PROCEDURES BY A 

13 THIRD PARTY. 

14 (a) REVIEW.—The Inspector General of the Depart15 ment of Transportation shall conduct a review regarding 

16 the effectiveness of the oversight activities conducted by 

17 the Federal Aviation Administration in connection with 

18 any agreement with or delegation of authority to a third 

19 party for the development of flight procedures for the na20 tional airspace system. 

21 (b) ASSESSMENTS.—The Inspector General shall in22 clude, at a minimum, in the review— 

23 (1) an assessment of the extent to which the 

24 Federal Aviation Administration is relying or in25 tends to rely on a third party for the development 


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1 of new procedures and a determination of whether 

2 the Administration has established sufficient mecha3 nisms and staffing to provide safety oversight of a 

4 third party; and 

5 (2) an assessment regarding whether the Ad6 ministration has sufficient existing personnel and 

7 technical resources or mechanisms to develop such 

8 flight procedures in a safe and efficient manner to 

9 meet the demands of the national airspace system 

10 without the use of third party resources. 

11 (c) REPORT.—Not later than one year after the date 

12 of enactment of this Act, the Inspector General shall sub13 mit to the Committee on Transportation and Infrastruc14 ture of the House of Representatives and the Committee 

15 on Commerce, Science, and Transportation of the Senate 

16 a report on the results of the review conducted under this 

17 section, including the assessments described in subsection 

18 (b). 

19 SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE 

20 FOR NEXT GENERATION AIR TRANSPOR21 TATION SYSTEM. 

22 (a) REVIEW.—The Administrator of the Federal 

23 Aviation Administration shall enter into an arrangement 

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1 prise architecture for the Next Generation Air Transpor2 tation System. 

3 (b) CONTENTS.—At a minimum, the review to be 

4 conducted under subsection (a) shall— 

5 (1) highlight the technical activities, including 

6 human-system design, organizational design, and 

7 other safety and human factor aspects of the system, 

8 that will be necessary to successfully transition cur9 rent and planned modernization programs to the fu10 ture system envisioned by the Joint Planning and 

11 Development Office of the Administration; 

12 (2) assess technical, cost, and schedule risk for 

13 the software development that will be necessary to 

14 achieve the expected benefits from a highly auto15 mated air traffic management system and the impli16 cations for ongoing modernization projects; and 

17 (3) include judgments on how risks with auto18 mation efforts for the Next Generation Air Trans19 portation System can be mitigated based on the ex20 periences of other public or private entities in devel21 oping complex, software-intensive systems. 

22 (c) REPORT.—Not later than one year after the date 

23 of enactment of this Act, the Administrator shall submit 

24 to Congress a report containing the results of the review 

25 conducted pursuant to subsection (a). 


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1 SEC. 210. NEXTGEN TECHNOLOGY TESTBED. 

2 Of amounts appropriated under section 48101(a) of 

3 title 49, United States Code, the Administrator of the 

4 Federal Aviation Administration shall use such sums as 

5 may be necessary for each of the fiscal years 2009 through 

6 2012 to contribute to the establishment by a public-private 

7 partnership (including a university component with sig8 nificant aviation expertise in air traffic management, sim9 ulation, meteorology, and engineering and aviation busi10 ness) an airport-based testing site for existing Next Gen11 eration Air Transport System technologies. The Adminis12 trator shall ensure that next generation air traffic control 

13 integrated systems developed by private industries are in14 stalled at the site for demonstration, operational research, 

15 and evaluation by the Administration. The testing site 

16 shall serve a mix of general aviation and commercial traf17 fic. 

18 SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO 

19 REIMBURSABLE AGREEMENTS. 

20 Section 106(m) is amended in the last sentence by 

21 inserting ‘‘with or’’ before ‘‘without reimbursement’’. 

22 SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY. 

23 Section 40102(a)(4) is amended— 

24 (1) by redesignating subparagraph (D) as sub25 paragraph (E); 


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1 (2) by striking subparagraphs (B) and (C) and 

2 inserting the following: 

3 ‘‘(B) runway lighting and airport surface 

4 visual and other navigation aids; 

5 ‘‘(C) aeronautical and meteorological infor6 mation to air traffic control facilities or air7 craft; 

8 ‘‘(D) communication, navigation, or sur9 veillance equipment for air-to-ground or air-to10 air applications;’’; 

11 (3) in subparagraph (E) (as redesignated by 

12 paragraph (1) of this section)— 

13 (A) by striking ‘‘another structure’’ and 

14 inserting ‘‘any structure, equipment,’’; and 

15 (B) by striking the period at the end and 

16 inserting ‘‘; and’’; and 

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

18 ‘‘(F) buildings, equipment, and systems 

19 dedicated to the national airspace system.’’. 

20 SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVEN21 TORY. 

22 Section 40110(a)(2) is amended by striking ‘‘com23 pensation’’ and inserting ‘‘compensation, and the amount 

24 received shall be credited as an offsetting collection to the 


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1 account from which the amount was expended and shall 

2 remain available until expended’’. 

3 SEC. 214. CLARIFICATION TO ACQUISITION REFORM AU4 THORITY. 

5 Section 40110(c) is amended— 

6 (1) by striking the semicolon at the end of 

7 paragraph (3) and inserting ‘‘; and’’; 

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

9 (3) by redesignating paragraph (5) as para10 graph (4). 

11 SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORI12 TIES. 

13 Section 40113(e) is amended— 

14 (1) in paragraph (1)— 

15 (A) by inserting ‘‘public and private’’ be16 fore ‘‘foreign aviation authorities’’; and 

17 (B) by striking the period at the end of the 

18 first sentence and inserting ‘‘or efficiency. The 

19 Administrator may participate in, and submit 

20 offers in response to, competitions to provide 

21 such services and may contract with foreign 

22 aviation authorities to provide such services 

23 consistent with section 106(l)(6). Notwith24 standing any other provision of law or policy, 


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1 the Administrator may accept payments re2 ceived under this subsection in arrears.’’; and 

3 (2) in paragraph (3) by striking ‘‘credited’’ and 

4 all that follows through the period at the end and 

5 inserting ‘‘credited as an offsetting collection to the 

6 account from which the expenses were incurred in 

7 providing such services and shall remain available 

8 until expended.’’. 

9 SEC. 216. FRONT LINE MANAGER STAFFING. 

10 (a) STUDY.—Not later than 90 days after the date 

11 of enactment of this Act, the Administrator of the Federal 

12 Aviation Administration shall initiate a study on front line 

13 manager staffing requirements in air traffic control facili14 ties. 

15 (b) CONSIDERATIONS.—In conducting the study, the 

16 Administrator shall take into consideration— 

17 (1) the number of supervisory positions of oper18 ation requiring watch coverage in each air traffic 

19 control facility; 

20 (2) coverage requirements in relation to traffic 

21 demand; 

22 (3) facility type; 

23 (4) complexity of traffic and managerial respon24 sibilities; 

25 (5) proficiency and training requirements; and 


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1 (6) such other factors as the Administrator con2 siders appropriate. 

3 (c) DETERMINATIONS.—The Administrator shall 

4 transmit any determinations made as a result of the study 

5 to the Chief Operating Officer for the air traffic control 

6 system. 

7 (d) REPORT.—Not later than one year after the date 

8 of enactment of this Act, the Administrator shall submit 

9 to the Committee on Transportation and Infrastructure 

10 of the House of Representatives and the Committee on 

11 Commerce, Science, and Transportation of the Senate a 

12 report on the results of the study and a description of any 

13 determinations submitted to the Chief Operating Officer 

14 under subsection (c). 

15 SEC. 217. FLIGHT SERVICE STATIONS. 

16 (a) ESTABLISHMENT OF MONITORING SYSTEM.—Not 

17 later than 60 days after the date of enactment of this Act, 

18 the Administrator of the Federal Aviation Administration 

19 shall develop and implement a monitoring system for flight 

20 service specialist staffing and training under service con21 tracts for flight service stations. 

22 (b) COMPONENTS.—At a minimum, the monitoring 

23 system shall include mechanisms to monitor— 

24 (1) flight specialist staffing plans for individual 

25 facilities; 


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1 (2) actual staffing levels for individual facilities; 

2 (3) the initial and recurrent certification and 

3 training of flight service specialists on the safety, 

4 operational, and technological aspects of flight serv5 ices, including any certification and training nec6 essary to meet user demand; and 

7 (4) system outages, excessive hold times, 

8 dropped calls, poor quality briefings, and any other 

9 safety or customer service issues under a contract 

10 for flight service station services. 

11 (c) REPORT TO CONGRESS.—Not later than 90 days 

12 after the date of enactment of this Act, the Administrator 

13 shall submit to the Committee on Transportation and In14 frastructure of the House of Representatives and the Com15 mittee on Commerce, Science, and Transportation of the 

16 Senate a report containing— 

17 (1) a description of monitoring system; 

18 (2) if the Administrator determines that con19 tractual changes or corrective actions are required 

20 for the Administration to ensure that the vendor 

21 under a contract for flight service station services 

22 provides safe and high quality service to consumers, 

23 a description of the changes or actions required; and 

24 (3) a description of the contingency plans of the 

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1 trator will have in place to provide uninterrupted 

2 flight service station services in the event of— 

3 (A) material non-performance of the con4 tract; 

5 (B) a vendor’s default, bankruptcy, or ac6 quisition by another entity; or 

7 (C) any other event that could jeopardize 

8 the uninterrupted provision of flight service sta9 tion services. 

10 SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CEN11 TER OF EXCELLENCE. 

12 (a) ESTABLISHMENT.—Of the amount appropriated 

13 under section 48101(a) of title 49, United States Code, 

14 the Administrator of the Federal Aviation Administration 

15 shall use such sums as may be necessary for each of fiscal 

16 years 2009 through 2012 to contribute to the establish17 ment of a center of excellence for the research and devel18 opment of Next Generation Air Transportation System 

19 technologies. 

20 (b) FUNCTIONS.—The center established under sub21 section (a) shall— 

22 (1) leverage the centers of excellence program 

23 of the Federal Aviation Administration, as well as 

24 other resources and partnerships, to enhance the de25 velopment of Next Generation Air Transportation 


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1 System technologies within academia and industry; 

2 and 

3 (2) provide educational, technical, and analyt4 ical assistance to the Federal Aviation Administra5 tion and other Federal agencies with responsibilities 

6 to research and develop Next Generation Air Trans7 portation System technologies. 

8 SEC. 219. AIRSPACE REDESIGN. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) The airspace redesign efforts of the Federal 

11 Aviation Administration will play a critical near12 term role in enhancing capacity, reducing delays, 

13 transitioning to more flexible routing, and ultimately 

14 saving money in fuel costs for airlines and airspace 

15 users. 

16 (2) The critical importance of airspace redesign 

17 efforts is underscored by the fact that they are high18 lighted in strategic plans of the Administration, in19 cluding Flight Plan 2009–2013 and the document 

20 known as the ‘‘NextGen Implementation Plan’’. 

21 (3) Funding cuts have led to delays and defer22 rals of critical capacity enhancing airspace redesign 

23 efforts. 


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1 (4) Several new runways planned for the period 

2 of fiscal years 2009 to 2012 will not provide esti3 mated capacity benefits without additional funds. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi5 tion to amounts authorized by section 106(k) of title 49, 

6 United States Code, there are authorized to be appro7 priated to the Administrator of the Federal Aviation Ad8 ministration $14,500,000 for fiscal year 2009 and 

9 $20,000,000 for each of fiscal years 2010, 2011, and 2012 

10 to carry out such airspace redesign initiatives as the Ad11 ministrator determines appropriate. 

12 (c) ADDITIONAL AMOUNTS.—Of the amounts appro13 priated under section 48101(a) of such title, the Adminis14 trator may use $5,000,000 for each of fiscal years 2009, 

15 2010, 2011, and 2012 to carry out such airspace redesign 

16 initiatives as the Administrator determines appropriate. 

17 TITLE III—SAFETY 

18 Subtitle A—General Provisions 

19 SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER20 TIFICATES. 

21 (a) JUDICIAL REVIEW OF NTSB DECISIONS.—Sec22 tion 44703(d) is amended by adding at the end the fol23 lowing: 

24 ‘‘(3) JUDICIAL REVIEW.—A person who is sub25 stantially affected by an order of the Board under 


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1 this subsection, or the Administrator if the Adminis2 trator decides that an order of the Board will have 

3 a significant adverse impact on carrying out this 

4 subtitle, may seek judicial review of the order under 

5 section 46110. The Administrator shall be made a 

6 party to the judicial review proceedings. The find7 ings of fact of the Board in any such case are con8 clusive if supported by substantial evidence.’’. 

9 (b) CONFORMING AMENDMENT.—Section 1153(c) is 

10 amended by striking ‘‘section 44709 or’’ and inserting 

11 ‘‘section 44703(d), 44709, or’’. 

12 SEC. 302. RELEASE OF DATA RELATING TO ABANDONED 

13 TYPE CERTIFICATES AND SUPPLEMENTAL 

14 TYPE CERTIFICATES. 

15 (a) RELEASE OF DATA.—Section 44704(a) is amend16 ed by adding at the end the following: 

17 ‘‘(5) RELEASE OF DATA.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding any 

19 other provision of law, the Administrator may 

20 make available upon request to a person seek21 ing to maintain the airworthiness of an aircraft, 

22 engine, propeller, or appliance, engineering data 

23 in the possession of the Administration relating 

24 to a type certificate or a supplemental type cer25 tificate for such aircraft, engine, propeller, or 


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1 appliance, without the consent of the owner of 

2 record, if the Administrator determines that— 

3 ‘‘(i) the certificate containing the re4 quested data has been inactive for 3 or 

5 more years; 

6 ‘‘(ii) after using due diligence, the Ad7 ministrator is unable to find the owner of 

8 record, or the owner of record’s heir, of the 

9 type certificate or supplemental certificate; 

10 and 

11 ‘‘(iii) making such data available will 

12 enhance aviation safety. 

13 ‘‘(B) ENGINEERING DATA DEFINED.—In 

14 this section, the term ‘engineering data’ as used 

15 with respect to an aircraft, engine, propeller, or 

16 appliance means type design drawing and speci17 fications for the entire aircraft, engine, pro18 peller, or appliance or change to the aircraft, 

19 engine, propeller, or appliance, including the 

20 original design data, and any associated sup21 plier data for individual parts or components 

22 approved as part of the particular certificate for 

23 the aircraft engine, propeller, or appliance.’’. 

24 (b) DESIGN ORGANIZATION CERTIFICATES.—Section 

25 44704(e)(1) is amended by striking ‘‘Beginning 7 years 


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1 after the date of enactment of this subsection,’’ and insert2 ing ‘‘Beginning January 1, 2014,’’. 

3 SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS. 

4 (a) IN GENERAL.—Chapter 447 is amended by add5 ing at the end the following: 

6 ‘‘§ 44729. Inspection of foreign repair stations 

7 ‘‘Not later than one year after the date of enactment 

8 of this section, and annually thereafter, the Administrator 

9 of the Federal Aviation Administration shall: (1) submit 

10 to Congress a certification that each foreign repair station 

11 that is certified by the Administrator under part 145 of 

12 title 14, Code of Federal Regulations, and performs work 

13 on air carrier aircraft or components has been inspected 

14 by safety inspectors of the Administration not fewer than 

15 2 times in the preceding calendar year; and (2) modify 

16 the certification requirements under such part to include 

17 testing for the use of alcohol or a controlled substance in 

18 accordance with section 45102 of any individual per19 forming a safety-sensitive function at a foreign aircraft re20 pair station, including an individual working at a station 

21 of a third-party with whom an air carrier contracts to per22 form work on air carrier aircraft or components.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for such 

24 chapter is amended by adding at the end the following: 

‘‘44729. Inspection of foreign repair stations.’’. 


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1 SEC. 304. RUNWAY SAFETY. 

2 (a) STRATEGIC RUNWAY SAFETY PLAN.— 

3 (1) IN GENERAL.—Not later than 6 months 

4 after the date of enactment of this Act, the Adminis5 trator of the Federal Aviation Administration shall 

6 develop and submit to Congress a report containing 

7 a strategic runway safety plan. 

8 (2) CONTENTS OF PLAN.—The strategic run9 way safety plan— 

10 (A) shall include, at a minimum— 

11 (i) goals to improve runway safety; 

12 (ii) near- and longer-term actions de13 signed to reduce the severity, number, and 

14 rate of runway incursions; 

15 (iii) timeframes and resources needed 

16 for the actions described in clause (ii); and 

17 (iv) a continuous evaluative process to 

18 track performance toward the goals re19 ferred to in clause (i); and 

20 (B) shall address the increased runway 

21 safety risk associated with the expected in22 creased volume of air traffic. 

23 (b) PLAN FOR INSTALLATION AND DEPLOYMENT OF

24 SYSTEMS TO PROVIDE ALERTS OF POTENTIAL RUNWAY

25 INCURSIONS.—Not later than December 31, 2009, the Ad26 ministrator of the Federal Aviation Administration shall 


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1 submit to Congress a report containing a plan for the in2 stallation and deployment of systems the Administration 

3 is installing to alert controllers or flight crews, or both, 

4 of potential runway incursions. The plan shall be inte5 grated into the annual NextGen Implementation Plan doc6 ument of the Administration or any successor document. 

7 SEC. 305. IMPROVED PILOT LICENSES. 

8 (a) IN GENERAL.—Not later than 6 months after the 

9 date of enactment of this Act, the Administrator of the 

10 Federal Aviation Administration shall begin to issue im11 proved pilot licenses consistent with the requirements of 

12 title 49, United States Code, and title 14, Code of Federal 

13 Regulations. 

14 (b) REQUIREMENTS.—Improved pilots licenses issued 

15 under subsection (a) shall— 

16 (1) be resistant to tampering, alteration, and 

17 counterfeiting; 

18 (2) include a photograph of the individual to 

19 whom the license is issued; and 

20 (3) be capable of accommodating a digital pho21 tograph, a biometric identifier, or any other unique 

22 identifier that the Administrator considers nec23 essary. 

24 (c) TAMPERING.—To the extent practical, the Admin25 istrator shall develop methods to determine or reveal 


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1 whether any component or security feature of a license 

2 issued under subsection (a) has been tampered, altered, 

3 or counterfeited. 

4 (d) USE OF DESIGNEES.—The Administrator may 

5 use designees to carry out subsection (a) to the extent fea6 sible in order to minimize the burdens on pilots. 

7 (e) REPORT.—Not later than 9 months after the date 

8 of enactment of this Act and every 6 months thereafter 

9 until September 30, 2012, the Administrator shall submit 

10 to the Committee on Transportation and Infrastructure 

11 of the House of Representatives and the Committee on 

12 Commerce, Science, and Transportation of the Senate a 

13 report on the issuance of improved pilot licenses under this 

14 section. 

15 SEC. 306. FLIGHT CREW FATIGUE. 

16 (a) IN GENERAL.—Not later than 3 months after the 

17 date of enactment of this Act, the Administrator of the 

18 Federal Aviation Administration shall conclude arrange19 ments with the National Academy of Sciences for a study 

20 of pilot fatigue. 

21 (b) STUDY.—The study shall include consideration 

22 of— 

23 (1) research on pilot fatigue, sleep, and circa24 dian rhythms; 


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1 (2) sleep and rest requirements of pilots rec2 ommended by the National Aeronautics and Space 

3 Administration and the National Transportation 

4 Safety Board; and 

5 (3) Federal Aviation Administration and inter6 national standards regarding flight limitations and 

7 rest for pilots. 

8 (c) REPORT.—Not later than 18 months after initi9 ating the study, the National Academy of Sciences shall 

10 submit to the Administrator a report containing its find11 ings and recommendations regarding the study under sub12 sections (a) and (b), including recommendations with re13 spect to Federal Aviation Administration regulations gov14 erning flight time limitations and rest requirements for 

15 pilots. 

16 (d) RULEMAKING.—After the Administrator receives 

17 the report of the National Academy of Sciences, the Ad18 ministrator shall consider the findings in the report and 

19 update as appropriate based on scientific data Federal 

20 Aviation Administration regulations governing flight time 

21 limitations and rest requirements for pilots. 

22 (e) IMPLEMENTATION OF FLIGHT ATTENDANT FA23 TIGUE STUDY RECOMMENDATIONS.—Not later than 60 

24 days after the date of enactment of this Act, the Adminis25 trator shall initiate a process for the Civil Aerospace MedVerDate Nov 24 2008 00:55 Feb 10, 2009 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H915.IH H915

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1 ical Institute to carry out its recommendations for further 

2 study of the issue of flight attendant fatigue and to submit 

3 not later than June 30, 2010, to Congress a report on 

4 such process, including an analysis of the following: 

5 (1) A survey of field operations of flight attend6 ants. 

7 (2) A study of incident reports regarding flight 

8 attendant fatigue. 

9 (3) Field research on the effects of such fa10 tigue. 

11 (4) A validation of models for assessing flight 

12 attendant fatigue, international policies, and prac13 tices regarding flight limitations and rest of flight 

14 attendants, and the potential benefits of training 

15 flight attendants regarding such fatigue. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as necessary 

18 to carry out this section. 

19 SEC. 307. OCCUPATIONAL SAFETY AND HEALTH STAND20 ARDS FOR FLIGHT ATTENDANTS ON BOARD 

21 AIRCRAFT. 

22 (a) IN GENERAL.—Chapter 447 (as amended by sec23 tion 303 of this Act) is further amended by adding at the 

24 end the following: 


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1 ‘‘§ 44730. Occupational safety and health standards 

2 for flight attendants on board aircraft 

3 ‘‘(a) IN GENERAL.—The Administrator of the Fed4 eral Aviation Administration shall prescribe and enforce 

5 standards and regulations to ensure the occupational safe6 ty and health of individuals serving as flight attendants 

7 in the cabin of an aircraft of an air carrier. 

8 ‘‘(b) STANDARDS AND REGULATIONS.—Standards 

9 and regulations issued under this section shall require 

10 each air carrier operating an aircraft in air transpor11 tation— 

12 ‘‘(1) to provide for an environment in the cabin 

13 of the aircraft that is free from hazards that could 

14 cause physical harm to a flight attendant working in 

15 the cabin; and 

16 ‘‘(2) to meet minimum standards for the occu17 pational safety and health of flight attendants who 

18 work in the cabin of the aircraft. 

19 ‘‘(c) RULEMAKING.—In carrying out this section, the 

20 Administrator shall conduct a rulemaking proceeding to 

21 address, at a minimum, the following areas: 

22 ‘‘(1) Record keeping. 

23 ‘‘(2) Blood borne pathogens. 

24 ‘‘(3) Noise. 

25 ‘‘(4) Sanitation. 

26 ‘‘(5) Hazard communication. 


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1 ‘‘(6) Anti-discrimination. 

2 ‘‘(7) Access to employee exposure and medical 

3 records. 

4 ‘‘(8) Temperature standards for the aircraft 

5 cabin. 

6 ‘‘(d) REGULATIONS.— 

7 ‘‘(1) DEADLINE.—Not later than 3 years after 

8 the date of enactment of this section, the Adminis9 trator shall issue final regulations to carry out this 

10 section. 

11 ‘‘(2) CONTENTS.—Regulations issued under 

12 this subsection shall address each of the issues iden13 tified in subsection (c) and others aspects of the en14 vironment of an aircraft cabin that may cause illness 

15 or injury to a flight attendant working in the cabin. 

16 ‘‘(3) EMPLOYER ACTIONS TO ADDRESS OCCUPA17 TIONAL SAFETY AND HEALTH HAZARDS.—Regula18 tions issued under this subsection shall set forth 

19 clearly the circumstances under which an air carrier 

20 is required to take action to address occupational 

21 safety and health hazards. 

22 ‘‘(e) ADDITIONAL RULEMAKING PROCEEDINGS.— 

23 After issuing regulations under subsection (c), the Admin24 istrator may conduct additional rulemaking proceedings as 


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1 the Administrator determines appropriate to carry out this 

2 section. 

3 ‘‘(f) OVERSIGHT.— 

4 ‘‘(1) CABIN OCCUPATIONAL SAFETY AND

5 HEALTH INSPECTORS.—The Administrator shall es6 tablish the position of Cabin Occupational Safety 

7 and Health Inspector within the Federal Aviation 

8 Administration and shall employ individuals with ap9 propriate qualifications and expertise to serve in the 

10 position. 

11 ‘‘(2) RESPONSIBILITIES.—Inspectors employed 

12 under this subsection shall be solely responsible for 

13 conducting proper oversight of air carrier programs 

14 implemented under this section. 

15 ‘‘(g) CONSULTATION.—In developing regulations 

16 under this section, the Administrator shall consult with 

17 the Administrator of the Occupational Safety and Health 

18 Administration, labor organizations representing flight at19 tendants, air carriers, and other interested persons. 

20 ‘‘(h) SAFETY PRIORITY.—In developing and imple21 menting regulations under this section, the Administrator 

22 shall give priority to the safe operation and maintenance 

23 of an aircraft. 


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1 ‘‘(i) FLIGHT ATTENDANT DEFINED.—In this section, 

2 the term ‘flight attendant’ has the meaning given that 

3 term by section 44728. 

4 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated such sums as may be nec6 essary to carry out this section. Such sums shall remain 

7 available until expended.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chap9 ter 447 is amended by adding at the end the following: 

‘‘44730. Occupational safety and health standards for flight attendants on board 

aircraft.’’. 

10 SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS 

11 AREAS. 

12 (a) ESTABLISHMENT.—The Administrator of the 

13 Federal Aviation Administration may establish a pilot pro14 gram to improve safety and efficiency by providing surveil15 lance for aircraft flying outside of radar coverage in moun16 tainous areas. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated such sums as may be nec19 essary to carry out this section. Such sums shall remain 

20 available until expended. 


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1 SEC. 309. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATH2 ER OBSERVATION TECHNOLOGY. 

3 (a) STUDY.—The Administrator of the Federal Avia4 tion Administration shall conduct a review of off-airport, 

5 low-altitude aircraft weather observation technologies. 

6 (b) SPECIFIC REVIEW.—The review shall include, at 

7 a minimum, an examination of off-airport, low-altitude 

8 weather reporting needs, an assessment of technical alter9 natives (including automated weather observation sta10 tions), an investment analysis, and recommendations for 

11 improving weather reporting. 

12 (c) REPORT.—Not later than one year after the date 

13 of enactment of this Act, the Administrator shall submit 

14 to Congress a report containing the results of the review. 

15 SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS. 

16 (a) ISSUANCE OF REGULATIONS.—Not later than 3 

17 years after the date of enactment of this Act, the Adminis18 trator of the Federal Aviation Administration shall issue 

19 regulations requiring that all covered maintenance work 

20 on aircraft used to provide air transportation under part 

21 121 of title 14, Code of Federal Regulations, be performed 

22 by individuals in accordance with subsection (b). 

23 (b) PERSONS AUTHORIZED TO PERFORM CERTAIN

24 WORK.—Covered maintenance work for a part 121 air 

25 carrier shall only be performed by— 

26 (1) an individual employed by the air carrier; 


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1 (2) an individual employed by another part 121 

2 air carrier; 

3 (3) an individual employed by a part 145 repair 

4 station; or 

5 (4) an individual employed by a company that 

6 provides contract maintenance workers to a part 145 

7 repair station or part 121 air carrier, if the indi8 vidual— 

9 (A) meets the requirements of the part 

10 145 repair station or the part 121 air carrier; 

11 (B) works under the direct supervision and 

12 control of the part 145 repair station or part 

13 121 air carrier; and 

14 (C) carries out the work in accordance 

15 with the part 121 air carrier’s maintenance 

16 manual and, if applicable, the part 145 certifi17 cate holder’s repair station and quality control 

18 manuals. 

19 (c) PLAN.— 

20 (1) DEVELOPMENT.—The Administrator shall 

21 develop a plan to— 

22 (A) require air carriers to identify and pro23 vide to the Administrator a complete listing of 

24 all noncertificated maintenance providers that 

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1 tions to be issued under subsection (a), covered 

2 maintenance work on aircraft used to provide 

3 air transportation under part 121 of title 14, 

4 Code of Federal Regulations; 

5 (B) validate the lists that air carriers pro6 vide under subparagraph (A) by sampling air 

7 carrier records, such as maintenance activity re8 ports and general vendor listings; and 

9 (C) include surveillance and oversight by 

10 field inspectors of the Federal Aviation Admin11 istration for all noncertificated maintenance 

12 providers that perform covered maintenance 

13 work on aircraft used to provide air transpor14 tation in accordance with such part 121. 

15 (2) REPORT TO CONGRESS.—Not later than 6 

16 months after the date of enactment of this Act, the 

17 Administrator shall transmit to Congress a report 

18 containing the plan developed under paragraph (1). 

19 (d) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) COVERED MAINTENANCE WORK.—The term 

22 ‘‘covered maintenance work’’ means maintenance 

23 work that is substantial, regularly scheduled, or a 

24 required inspection item, as determined by the Ad25 ministrator. 


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1 (2) PART 121 AIR CARRIER.—The term ‘‘part 

2 121 air carrier’’ means an air carrier that holds a 

3 certificate issued under part 121 of title 14, Code of 

4 Federal Regulations. 

5 (3) PART 145 REPAIR STATION.—The term 

6 ‘‘part 145 repair station’’ means a repair station 

7 that holds a certificate issued under part 145 of title 

8 14, Code of Federal Regulations. 

9 (4) NONCERTIFICATED MAINTENANCE PRO10 VIDER.—The term ‘‘noncertificated maintenance 

11 provider’’ means a maintenance provider that does 

12 not hold a certificate issued under part 121 or part 

13 145 of title 14 Code of Federal Regulations. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated such sums as may be nec16 essary for the Administrator to hire additional field safety 

17 inspectors to ensure adequate and timely inspection of 

18 maintenance providers that perform covered maintenance 

19 work. 

20 SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STAND21 ARDS. 

22 (a) RULEMAKING PROCEEDING.—Not later than 180 

23 days after the date of enactment of this Act, the Adminis24 trator of the Federal Aviation Administration shall initiate 

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1 posed and final rule that revises the aircraft rescue and 

2 firefighting standards (‘‘ARFF’’) under part 139 of title 

3 14, Code of Federal Regulations, to improve the protection 

4 of the traveling public, other persons, aircraft, buildings, 

5 and the environment from fires and hazardous materials 

6 incidents. 

7 (b) CONTENTS OF PROPOSED AND FINAL RULE.— 

8 The proposed and final rule to be issued under subsection 

9 (a) shall address the following: 

10 (1) The mission of aircraft rescue and fire11 fighting personnel, including responsibilities for pas12 senger egress in the context of other Administration 

13 requirements. 

14 (2) The proper level of staffing. 

15 (3) The timeliness of a response. 

16 (4) The handling of hazardous materials inci17 dents at airports. 

18 (5) Proper vehicle deployment. 

19 (6) The need for equipment modernization. 

20 (c) CONSISTENCY WITH VOLUNTARY CONSENSUS

21 STANDARDS.—The proposed and final rule issued under 

22 subsection (a) shall be, to the extent practical, consistent 

23 with national voluntary consensus standards for aircraft 

24 rescue and firefighting services at airports. 


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1 (d) ASSESSMENTS OF POTENTIAL IMPACTS.—In the 

2 rulemaking proceeding initiated under subsection (a), the 

3 Administrator shall assess the potential impact of any re4 visions to the firefighting standards on airports and air 

5 transportation service. 

6 (e) INCONSISTENCY WITH STANDARDS.—If the pro7 posed or final rule issued under subsection (a) is not con8 sistent with national voluntary consensus standards for 

9 aircraft rescue and firefighting services at airports, the 

10 Administrator shall submit to the Office of Management 

11 and Budget an explanation of the reasons for such incon12 sistency in accordance with section 12(d) of the National 

13 Technology Transfer and Advancement Act of 1995 (15 

14 U.S.C. 272 note; 110 Stat. 783). 

15 (f) FINAL RULE.—Not later than 24 months after 

16 the date of enactment of this Act, the Administrator shall 

17 issue the final rule required by subsection (a). 

18 Subtitle B—Unmanned Aircraft 

19 Systems 

20 SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS IN21 TEGRATION PLAN. 

22 (a) INTEGRATION PLAN.— 

23 (1) COMPREHENSIVE PLAN.—Not later than 9 

24 months after the date of enactment of this Act, the 

25 Secretary, in consultation with representatives of the 


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1 aviation industry, shall develop a comprehensive plan 

2 to safely integrate commercial unmanned aircraft 

3 systems into the national airspace system. 

4 (2) MINIMUM REQUIREMENTS.—In developing 

5 the plan under paragraph (1), the Secretary shall, at 

6 a minimum— 

7 (A) review technologies and research that 

8 will assist in facilitating the safe integration of 

9 commercial unmanned aircraft systems into the 

10 national airspace system; 

11 (B) provide recommendations or projec12 tions for the rulemaking to be conducted under 

13 subsection (b) to— 

14 (i) define the acceptable standards for 

15 operations and certification of commercial 

16 unmanned aircraft systems; 

17 (ii) ensure that any commercial un18 manned aircraft system includes a detect, 

19 sense, and avoid capability; and 

20 (iii) develop standards and require21 ments for the operator, pilot, and pro22 grammer of a commercial unmanned air23 craft system, including standards and re24 quirements for registration and licensing; 


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1 (C) recommend how best to enhance the 

2 technologies and subsystems necessary to effect 

3 the safe and routine operations of commercial 

4 unmanned aircraft systems in the national air5 space system; and 

6 (D) recommend how a phased-in approach 

7 to the integration of commercial unmanned air8 craft systems into the national airspace system 

9 can best be achieved and a timeline upon which 

10 such a phase-in shall occur. 

11 (3) DEADLINE.—The plan to be developed 

12 under paragraph (1) shall provide for the safe inte13 gration of commercial unmanned aircraft systems 

14 into the national airspace system as soon as possible, 

15 but not later than September 30, 2013. 

16 (4) REPORT TO CONGRESS.—Not later than one 

17 year after the date of enactment of this Act, the 

18 Secretary shall submit to Congress a copy of the 

19 plan developed under paragraph (1). 

20 (b) RULEMAKING.—Not later than 18 months after 

21 the date on which the integration plan is submitted to 

22 Congress under subsection (a)(4), the Administrator of 

23 the Federal Aviation Administration shall publish in the 

24 Federal Register a notice of proposed rulemaking to im25 plement the recommendations of the integration plan. 


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1 (c) AUTHORIZATION.—There are authorized to be ap2 propriated such sums as may be necessary to carry out 

3 this section. 

4 SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIR5 CRAFT SYSTEMS. 

6 (a) IN GENERAL.—Notwithstanding the require7 ments of sections 321 and 323, and not later than 6 

8 months after the date of enactment of this Act, the Sec9 retary shall determine if certain unmanned aircraft sys10 tems may operate safely in the national airspace system 

11 before completion of the plan and rulemaking required by 

12 section 321 or the guidance required by section 323. 

13 (b) ASSESSMENT OF UNMANNED AIRCRAFT SYS14 TEMS.—In making the determination under subsection 

15 (a), the Secretary shall determine, at a minimum— 

16 (1) which types of unmanned aircraft systems, 

17 if any, as a result of their size, weight, speed, oper18 ational capability, proximity to airports and popu19 lation areas, and operation within visual line-of-sight 

20 do not create a hazard to users of the national air21 space system or the public or pose a threat to na22 tional security; and 

23 (2) whether a certificate of authorization or an 

24 airworthiness certification under section 44704 of 

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1 eration of unmanned aircraft systems identified 

2 under paragraph (1). 

3 (c) REQUIREMENTS FOR SAFE OPERATION.—If the 

4 Secretary determines under this section that certain un5 manned aircraft systems may operate safely in the na6 tional airspace system, the Secretary shall establish re7 quirements for the safe operation of such aircraft systems 

8 in the national airspace system. 

9 SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS. 

10 Not later than 9 months after the date of enactment 

11 of this Act, the Secretary shall issue guidance regarding 

12 the operation of public unmanned aircraft systems to— 

13 (1) expedite the issuance of a certificate of au14 thorization process; 

15 (2) provide for a collaborative process with pub16 lic agencies to allow for an incremental expansion of 

17 access to the national airspace system as technology 

18 matures and the necessary safety analysis and data 

19 become available and until standards are completed 

20 and technology issues are resolved; and 

21 (3) facilitate the capability of public agencies to 

22 develop and use test ranges, subject to operating re23 strictions required by the Federal Aviation Adminis24 tration, to test and operate unmanned aircraft sys25 tems. 


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1 SEC. 324. DEFINITIONS. 

2 In this subtitle, the following definitions apply: 

3 (1) CERTIFICATE OF AUTHORIZATION.—The 

4 term ‘‘certificate of authorization’’ means a Federal 

5 Aviation Administration grant of approval for a spe6 cific flight operation. 

7 (2) DETECT, SENSE, AND AVOID CAPABILITY.— 

8 The term ‘‘detect, sense, and avoid capability’’ 

9 means the technical capability to perform separation 

10 assurance and collision avoidance, as defined by the 

11 Federal Aviation Administration. 

12 (3) PUBLIC UNMANNED AIRCRAFT SYSTEM.— 

13 The term ‘‘public unmanned aircraft system’’ means 

14 an unmanned aircraft system that meets the quali15 fications and conditions required for operation of a 

16 public aircraft, as defined by section 40102 of title 

17 49, United States Code. 

18 (4) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Transportation. 

20 (5) TEST RANGE.—The term ‘‘test range’’ 

21 means a defined geographic area where research and 

22 development are conducted. 

23 (6) UNMANNED AIRCRAFT.—The term ‘‘un24 manned aircraft’’ means an aircraft that is operated 

25 without the possibility of direct human intervention 

26 from within or on the aircraft. 


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1 (7) UNMANNED AIRCRAFT SYSTEM.—The term 

2 ‘‘unmanned aircraft system’’ means an unmanned 

3 aircraft and associated elements (such as commu4 nication links and a ground control station) that are 

5 required to operate safely and efficiently in the na6 tional airspace system. 

7 Subtitle C—Safety and Protections 

8 SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGA9 TION OFFICE. 

10 Section 106 of title 49, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVES13 TIGATION OFFICE.— 

14 ‘‘(1) ESTABLISHMENT.—There is established in 

15 the Federal Aviation Administration (in this section 

16 referred to as the ‘Agency’) an Aviation Safety 

17 Whistleblower Investigation Office (in this sub18 section referred to as the ‘Office’). 

19 ‘‘(2) DIRECTOR.— 

20 ‘‘(A) APPOINTMENT.—The head of the Of21 fice shall be the Director, who shall be ap22 pointed by the Secretary of Transportation. 

23 ‘‘(B) QUALIFICATIONS.—The Director 

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1 tions and knowledge of or experience in avia2 tion. 

3 ‘‘(C) TERM.—The Director shall be ap4 pointed for a term of 5 years. 

5 ‘‘(D) VACANCY.—Any individual appointed 

6 to fill a vacancy in the position of the Director 

7 occurring before the expiration of the term for 

8 which the individual’s predecessor was ap9 pointed shall be appointed for the remainder of 

10 that term. 

11 ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 

12 ‘‘(A) AUTHORITY OF DIRECTOR.—The Di13 rector shall— 

14 ‘‘(i) receive complaints and informa15 tion submitted by employees of persons 

16 holding certificates issued under title 14, 

17 Code of Federal Regulations, and employ18 ees of the Agency concerning the possible 

19 existence of an activity relating to a viola20 tion of an order, regulation, or standard of 

21 the Agency or any other provision of Fed22 eral law relating to aviation safety; 

23 ‘‘(ii) assess complaints and informa24 tion submitted under clause (i) and deter25 mine whether a substantial likelihood exVerDate Nov 24 2008 00:55 Feb 10, 2009 Jkt 079200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H915.IH H915

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1 ists that a violation of an order, regulation, 

2 or standard of the Agency or any other 

3 provision of Federal law relating to avia4 tion safety may have occurred; and 

5 ‘‘(iii) based on findings of the assess6 ment conducted under clause (ii), make 

7 recommendations to the Administrator in 

8 writing for further investigation or correc9 tive actions. 

10 ‘‘(B) DISCLOSURE OF IDENTITIES.—The 

11 Director shall not disclose the identity of an in12 dividual who submits a complaint or informa13 tion under subparagraph (A)(i) unless— 

14 ‘‘(i) the individual consents to the dis15 closure in writing; or 

16 ‘‘(ii) the Director determines, in the 

17 course of an investigation, that the disclo18 sure is unavoidable. 

19 ‘‘(C) INDEPENDENCE OF DIRECTOR.—The 

20 Secretary, the Administrator, or any officer or 

21 employee of the Agency may not prevent or pro22 hibit the Director from initiating, carrying out, 

23 or completing any assessment of a complaint or 

24 information submitted subparagraph (A)(i) or 


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1 from reporting to Congress on any such assess2 ment. 

3 ‘‘(D) ACCESS TO INFORMATION.—In con4 ducting an assessment of a complaint or infor5 mation submitted under subparagraph (A)(i), 

6 the Director shall have access to all records, re7 ports, audits, reviews, documents, papers, rec8 ommendations, and other material necessary to 

9 determine whether a substantial likelihood ex10 ists that a violation of an order, regulation, or 

11 standard of the Agency or any other provision 

12 of Federal law relating to aviation safety may 

13 have occurred. 

14 ‘‘(4) RESPONSES TO RECOMMENDATIONS.—The 

15 Administrator shall respond to a recommendation 

16 made by the Director under subparagraph (A)(iii) in 

17 writing and retain records related to any further in18 vestigations or corrective actions taken in response 

19 to the recommendation. 

20 ‘‘(5) INCIDENT REPORTS.—If the Director de21 termines there is a substantial likelihood that a vio22 lation of an order, regulation, or standard of the 

23 Agency or any other provision of Federal law relat24 ing to aviation safety may have occurred that re25 quires immediate corrective action, the Director shall 


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1 report the potential violation expeditiously to the Ad2 ministrator and the Inspector General of the De3 partment of Transportation. 

4 ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO

5 INSPECTOR GENERAL.—If the Director has reason6 able grounds to believe that there has been a viola7 tion of Federal criminal law, the Director shall re8 port the violation expeditiously to the Inspector Gen9 eral. 

10 ‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not 

11 later than October 1 of each year, the Director shall 

12 submit to Congress a report containing— 

13 ‘‘(A) information on the number of submis14 sions of complaints and information received by 

15 the Director under paragraph (3)(A)(i) in the 

16 preceding 12-month period; 

17 ‘‘(B) summaries of those submissions; 

18 ‘‘(C) summaries of further investigations 

19 and corrective actions recommended in response 

20 to the submissions; and 

21 ‘‘(D) summaries of the responses of the 

22 Administrator to such recommendations.’’. 

23 SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIA24 TIVE. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) Subsections (a) and (d) of section 40101 of 

2 title 49, United States Code, directs the Federal 

3 Aviation Administration (in this section referred to 

4 as the ‘‘Agency’’) to make safety its highest priority. 

5 (2) In 1996, to ensure that there would be no 

6 appearance of a conflict of interest for the Agency 

7 in carrying out its safety responsibilities, Congress 

8 amended section 40101(d) of such title to remove 

9 the responsibilities of the Agency to promote air10 lines. 

11 (3) Despite these directives from Congress re12 garding the priority of safety, the Agency issued a 

13 vision statement in which it stated that it has a ‘‘vi14 sion’’ of ‘‘being responsive to our customers and ac15 countable to the public’’ and, in 2003, issued a cus16 tomer service initiative that required aviation inspec17 tors to treat air carriers and other aviation certifi18 cate holders as ‘‘customers’’ rather than regulated 

19 entities. 

20 (4) The initiatives described in paragraph (3) 

21 appear to have given regulated entities and Agency 

22 inspectors the impression that the management of 

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1 tion and certification decisions and other lawful ac2 tions of its safety inspectors. 

3 (5) As a result of the emphasis on customer 

4 satisfaction, some managers of the Agency have dis5 couraged vigorous enforcement and replaced inspec6 tors whose lawful actions adversely affected an air 

7 carrier. 

8 (b) MODIFICATION OF INITIATIVE.—Not later than 

9 90 days after the date of enactment of this Act, the Ad10 ministrator of the Federal Aviation Administration shall 

11 modify the customer service initiative, mission and vision 

12 statements, and other statements of policy of the Agen13 cy— 

14 (1) to remove any reference to air carriers or 

15 other entities regulated by the Agency as ‘‘cus16 tomers’’; 

17 (2) to clarify that in regulating safety the only 

18 customers of the Agency are individuals traveling on 

19 aircraft; and 

20 (3) to clarify that air carriers and other entities 

21 regulated by the Agency do not have the right to se22 lect the employees of the Agency who will inspect 

23 their operations. 

24 (c) SAFETY PRIORITY.—In carrying out the Adminis25 trator’s responsibilities, the Administrator shall ensure 


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1 that safety is given a higher priority than preventing the 

2 dissatisfaction of an air carrier or other entity regulated 

3 by the Agency with an employee of the Agency. 

4 SEC. 333. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT 

5 STANDARDS INSPECTORS. 

6 (a) IN GENERAL.—Section 44711 of title 49, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR

10 FLIGHT STANDARDS INSPECTORS.— 

11 ‘‘(1) PROHIBITION.—A person holding an oper12 ating certificate issued under title 14, Code of Fed13 eral Regulations, may not knowingly employ, or 

14 make a contractual arrangement which permits, an 

15 individual to act as an agent or representative of the 

16 certificate holder in any matter before the Federal 

17 Aviation Administration (in this subsection referred 

18 to as the ‘Agency’) if the individual, in the preceding 

19 2-year period— 

20 ‘‘(A) served as, or was responsible for over21 sight of, a flight standards inspector of the 

22 Agency; and 

23 ‘‘(B) had responsibility to inspect, or over24 see inspection of, the operations of the certifi25 cate holder. 


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1 ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 

2 For purposes of paragraph (1), an individual shall 

3 be considered to be acting as an agent or representa4 tive of a certificate holder in a matter before the 

5 Agency if the individual makes any written or oral 

6 communication on behalf of the certificate holder to 

7 the Agency (or any of its officers or employees) in 

8 connection with a particular matter, whether or not 

9 involving a specific party and without regard to 

10 whether the individual has participated in, or had 

11 responsibility for, the particular matter while serving 

12 as a flight standards inspector of the Agency.’’. 

13 (b) APPLICABILITY.—The amendment made by sub14 section (a) shall not apply to an individual employed by 

15 a certificate holder as of the date of enactment of this 

16 Act. 

17 SEC. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY IN18 SPECTORS. 

19 (a) IN GENERAL.—An individual serving as a prin20 cipal supervisory inspector of the Federal Aviation Admin21 istration (in this section referred to as the ‘‘Agency’’) may 

22 not be responsible for overseeing the operations of a single 

23 air carrier for a continuous period of more than 5 years. 

24 (b) TRANSITIONAL PROVISION.—An individual serv25 ing as a principal supervisory inspector of the Agency with 


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1 respect to an air carrier as of the date of enactment of 

2 this Act may be responsible for overseeing the operations 

3 of the carrier until the last day of the 5-year period speci4 fied in subsection (a) or last day of the 2-year period be5 ginning on such date of enactment, whichever is later. 

6 (c) ISSUANCE OF ORDER.—Not later than 30 days 

7 after the date of enactment of this Act, the Administrator 

8 of the Federal Aviation Administration shall issue an 

9 order to carry out this section. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Administrator 

12 such sums as may be necessary to carry out this section. 

13 SEC. 335. HEADQUARTERS REVIEW OF AIR TRANSPOR14 TATION OVERSIGHT SYSTEM DATABASE. 

15 (a) REVIEWS.—The Administrator of the Federal 

16 Aviation Administration shall establish a process by which 

17 the air transportation oversight system database of the 

18 Federal Aviation Administration (in this section referred 

19 to as the ‘‘Agency’’) is reviewed by a team of employees 

20 of the 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 to the Com18 mittee on Transportation and Infrastructure of the House 

19 of Representatives and the Committee on Commerce, 

20 Science, and Transportation of the Senate a report on the 

21 results of reviews of the air transportation oversight sys22 tem database conducted under this section, including cop23 ies of reports received under subsection (b). 


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1 TITLE IV—AIR SERVICE 

2 IMPROVEMENTS 

3 SEC. 401. MONTHLY AIR CARRIER REPORTS. 

4 (a) IN GENERAL.—Section 41708 is amended by 

5 adding at the end the following: 

6 ‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— 

7 ‘‘(1) MONTHLY REPORTS.—The Secretary shall 

8 require an air carrier referred to in paragraph (2) 

9 to file with the Secretary a monthly report on each 

10 flight of the air carrier that is diverted from its 

11 scheduled destination to another airport and each 

12 flight of the air carrier that departs the gate at the 

13 airport at which the flight originates but is cancelled 

14 before wheels-off time. 

15 ‘‘(2) APPLICABILITY.—An air carrier that is re16 quired to file a monthly airline service quality per17 formance report under subsection (b) shall be sub18 ject to the requirement of paragraph (1). 

19 ‘‘(3) CONTENTS.—A monthly report filed by an 

20 air carrier under paragraph (1) shall include, at a 

21 minimum, the following information: 

22 ‘‘(A) For a diverted flight— 

23 ‘‘(i) the flight number of the diverted 

24 flight; 


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1 ‘‘(ii) the scheduled destination of the 

2 flight; 

3 ‘‘(iii) the date and time of the flight; 

4 ‘‘(iv) the airport to which the flight 

5 was diverted; 

6 ‘‘(v) wheels-on time at the diverted 

7 airport; 

8 ‘‘(vi) the time, if any, passengers 

9 deplaned the aircraft at the diverted air10 port; and 

11 ‘‘(vii) if the flight arrives at the sched12 uled destination airport— 

13 ‘‘(I) the gate-departure time at 

14 the diverted airport; 

15 ‘‘(II) the wheels-off time at the 

16 diverted airport; 

17 ‘‘(III) the wheels-on time at the 

18 scheduled arrival airport; and 

19 ‘‘(IV) the gate arrival time at the 

20 scheduled arrival airport. 

21 ‘‘(B) For flights cancelled after gate de22 parture— 

23 ‘‘(i) the flight number of the cancelled 

24 flight; 


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1 ‘‘(ii) the scheduled origin and destina2 tion airports of the cancelled flight; 

3 ‘‘(iii) the date and time of the can4 celled flight; 

5 ‘‘(iv) the gate-departure time of the 

6 cancelled flight; and 

7 ‘‘(v) the time the aircraft returned to 

8 the gate. 

9 ‘‘(4) PUBLICATION.—The Secretary shall com10 pile the information provided in the monthly reports 

11 filed pursuant to paragraph (1) in a single monthly 

12 report and publish such report on the website of the 

13 Department of Transportation.’’. 

14 (b) EFFECTIVE DATE.—The Secretary of Transpor15 tation shall require monthly reports pursuant to the 

16 amendment made by subsection (a) beginning not later 

17 than 90 days after the date of enactment of this Act. 

18 SEC. 402. FLIGHT OPERATIONS AT REAGAN NATIONAL AIR19 PORT. 

20 (a) BEYOND PERIMETER EXEMPTIONS.—Section 

21 41718(a) is amended by striking ‘‘24’’ and inserting ‘‘34’’. 

22 (b) LIMITATIONS.—Section 41718(c)(2) is amended 

23 by striking ‘‘3 operations’’ and inserting ‘‘5 operations’’. 

24 (c) ALLOCATION OF BEYOND-PERIMETER EXEMP25 TIONS.—Section 41718(c) is amended— 


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1 (1) by redesignating paragraphs (3) and (4) as 

2 (4) and (5), respectively; and 

3 (2) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) SLOTS.—The Administrator of the Federal 

6 Aviation Administration shall reduce the hourly air 

7 carrier slot quota for Ronald Reagan Washington 

8 National Airport in section 93.123(a) of title 14, 

9 Code of Federal Regulations, by a total of 10 slots 

10 that are available for allocation. Such reductions 

11 shall be taken in the 6:00 a.m., 10:00 p.m., or 11:00 

12 p.m. hours, as determined by the Administrator, in 

13 order to grant exemptions under subsection (a).’’. 

14 (d) SCHEDULING PRIORITY.—Section 41718 is 

15 amended— 

16 (1) by redesignating subsections (e) and (f) as 

17 subsections (f) and (g), respectively; and 

18 (2) by inserting after subsection (d) the fol19 lowing: 

20 ‘‘(e) SCHEDULING PRIORITY.—Operations conducted 

21 by new entrant air carriers and limited incumbent air car22 riers shall be afforded a scheduling priority over oper23 ations conducted by other air carriers granted exemptions 

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1 ducted by new entrant air carriers and limited incumbent 

2 air carriers.’’. 

3 SEC. 403. EAS CONTRACT GUIDELINES. 

4 (a) COMPENSATION GUIDELINES.—Section 

5 41737(a)(1) is amended— 

6 (1) by striking ‘‘and’’ at the end of subpara7 graph (B); 

8 (2) in subparagraph (C) by striking the period 

9 at the end and inserting a semicolon; and 

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

11 ‘‘(D) include provisions under which the Sec12 retary may encourage an air carrier to improve air 

13 service for which compensation is being paid under 

14 this subchapter by incorporating financial incentives 

15 in an essential air service contract based on specified 

16 performance goals, including goals related to improv17 ing on-time performance, reducing the number of 

18 flight cancellations, establishing reasonable fares (in19 cluding joint fares beyond the hub airport), estab20 lishing convenient connections to flights providing 

21 service beyond hub airports, and increasing mar22 keting efforts; and 

23 ‘‘(E) include provisions under which the Sec24 retary may execute a long-term essential air service 

25 contract to encourage an air carrier to provide air 


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1 service to an eligible place if it would be in the pub2 lic interest to do so.’’. 

3 (b) DEADLINE FOR ISSUANCE OF REVISED GUID4 ANCE.—Not later than 90 days after the date of enact5 ment of this Act, the Secretary of Transportation shall 

6 issue revised guidelines governing the rate of compensa7 tion payable under subchapter II of chapter 417 of title 

8 49, United States Code, that incorporate the amendments 

9 made by subsection (a). 

10 (c) REPORT.—Not later than 2 years after the date 

11 of issuance of revised guidelines pursuant to subsection 

12 (b), the Secretary shall submit to the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives and the Committee on Commerce, Science, 

15 and Transportation of the Senate a report on the extent 

16 to which the revised guidelines have been implemented and 

17 the impact, if any, such implementation has had on air 

18 carrier performance and community satisfaction with air 

19 service for which compensation is being paid under sub20 chapter II of chapter 417 of title 49, United States Code. 

21 SEC. 404. ESSENTIAL AIR SERVICE REFORM. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 41742(a)(2) of title 49, United States Code, is amended 

24 by striking ‘‘there is authorized to be appropriated 

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1 propriated out of the Airport and Airway Trust Fund 

2 $150,000,000’’. 

3 (b) DISTRIBUTION OF EXCESS FUNDS.— 

4 (1) IN GENERAL.—Section 41742(a) is amend5 ed by adding at the end the following: 

6 ‘‘(4) DISTRIBUTION OF EXCESS FUNDS.—Of 

7 the funds, if any, credited to the account established 

8 under section 45303 in a fiscal year that exceed the 

9 $50,000,000 made available for such fiscal year 

10 under paragraph (1)— 

11 ‘‘(A) one-half shall be made available im12 mediately for obligation and expenditure to 

13 carry out section 41743; and 

14 ‘‘(B) one-half shall be made available im15 mediately for obligation and expenditure to 

16 carry out subsection (b).’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 41742(b) is amended— 

19 (A) in the first sentence by striking ‘‘mon20 eys credited’’ and all that follows before ‘‘shall 

21 be used’’ and inserting ‘‘amounts made avail22 able under subsection (a)(4)(B)’’; and 

23 (B) in the second sentence by striking 

24 ‘‘any amounts from those fees’’ and inserting 

25 ‘‘any of such amounts’’. 


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1 SEC. 405. SMALL COMMUNITY AIR SERVICE. 

2 (a) PRIORITIES.—Section 41743(c)(5) is amended— 

3 (1) by striking ‘‘and’’ at the end of subpara4 graph (D); 

5 (2) in subparagraph (E) by striking ‘‘fashion.’’ 

6 and inserting ‘‘fashion; and’’; and 

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

8 ‘‘(F) multiple communities cooperate to 

9 submit a regional or multistate application to 

10 improve air service.’’. 

11 (b) EXTENSION OF AUTHORIZATION.—Section 

12 41743(e)(2) is amended by striking ‘‘2009’’ and inserting 

13 ‘‘2012’’. 

14 SEC. 406. AIR PASSENGER SERVICE IMPROVEMENTS. 

15 (a) IN GENERAL.—Subtitle VII is amended by insert16 ing after chapter 421 the following: 

17 ‘‘CHAPTER 423—AIR PASSENGER SERVICE 

18 IMPROVEMENTS 

‘‘Sec. 

‘‘42301. Emergency contingency plans. 

‘‘42302. Consumer complaints. 

‘‘42303. Use of insecticides in passenger aircraft. 

19 ‘‘§ 42301. Emergency contingency plans 

20 ‘‘(a) SUBMISSION OF AIR CARRIER AND AIRPORT

21 PLANS.—Not later than 90 days after the date of enact22 ment of this section, each air carrier providing covered air 

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1 port and each operator of a large hub airport or medium 

2 hub airport shall submit to the Secretary of Transpor3 tation for review and approval an emergency contingency 

4 plan in accordance with the requirements of this section. 

5 ‘‘(b) COVERED AIR TRANSPORTATION DEFINED.—In 

6 this section, the term ‘covered air transportation’ means 

7 scheduled passenger air transportation provided by an air 

8 carrier using aircraft with more than 30 seats. 

9 ‘‘(c) AIR CARRIER PLANS.— 

10 ‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An 

11 air carrier shall submit an emergency contingency 

12 plan under subsection (a) for— 

13 ‘‘(A) each large hub airport and medium 

14 hub airport at which the carrier provides cov15 ered air transportation; and 

16 ‘‘(B) each large hub airport and medium 

17 hub airport at which the carrier has flights for 

18 which it has primary responsibility for inventory 

19 control. 

20 ‘‘(2) CONTENTS.—An emergency contingency 

21 plan submitted by an air carrier for an airport under 

22 subsection (a) shall contain a description of how the 

23 air carrier will— 

24 ‘‘(A) provide food, water that meets the 

25 standards of the Safe Drinking Water Act (42 


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1 U.S.C. 300f et seq.), restroom facilities, cabin 

2 ventilation, and access to medical treatment for 

3 passengers onboard an aircraft at the airport 

4 that is on the ground for an extended period of 

5 time without access to the terminal; 

6 ‘‘(B) allow passengers to deplane following 

7 excessive delays; and 

8 ‘‘(C) share facilities and make gates avail9 able at the airport in an emergency. 

10 ‘‘(d) AIRPORT PLANS.—An emergency contingency 

11 plan submitted by an airport operator under subsection 

12 (a) shall contain a description of how the airport operator, 

13 to the maximum extent practicable, will provide for the 

14 deplanement of passengers following excessive delays and 

15 will provide for the sharing of facilities and make gates 

16 available at the airport in an emergency. 

17 ‘‘(e) UPDATES.— 

18 ‘‘(1) AIR CARRIERS.—An air carrier shall up19 date the emergency contingency plan submitted by 

20 the air carrier under subsection (a) every 3 years 

21 and submit the update to the Secretary for review 

22 and approval. 

23 ‘‘(2) AIRPORTS.—An airport operator shall up24 date the emergency contingency plan submitted by 

25 the airport operator under subsection (a) every 5 


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1 years and submit the update to the Secretary for re2 view and approval. 

3 ‘‘(f) APPROVAL.— 

4 ‘‘(1) IN GENERAL.—Not later than 9 months 

5 after the date of enactment of this section, the Sec6 retary shall review and approve or require modifica7 tions to emergency contingency plans submitted 

8 under subsection (a) and updates submitted under 

9 subsection (e) to ensure that the plans and updates 

10 will effectively address emergencies and provide for 

11 the health and safety of passengers. 

12 ‘‘(2) CIVIL PENALTIES.—The Secretary may as13 sess a civil penalty under section 46301 against an 

14 air carrier or airport that does not adhere to an 

15 emergency contingency plan approved under this 

16 subsection. 

17 ‘‘(g) MINIMUM STANDARDS.—The Secretary may es18 tablish, as necessary or desirable, minimum standards for 

19 elements in an emergency contingency plan required to be 

20 submitted under this section. 

21 ‘‘(h) PUBLIC ACCESS.—An air carrier or airport re22 quired to submit emergency contingency plans under this 

23 section shall ensure public access to such plan after its 

24 approval under this section on the Internet website of the 


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1 carrier or airport or by such other means as determined 

2 by the Secretary. 

3 ‘‘§ 42302. Consumer complaints 

4 ‘‘(a) CONSUMER COMPLAINTS HOTLINE TELEPHONE

5 NUMBER.—The Secretary of Transportation shall estab6 lish a consumer complaints hotline telephone number for 

7 the use of passengers in air transportation. 

8 ‘‘(b) PUBLIC NOTICE.—The Secretary shall notify 

9 the public of the telephone number established under sub10 section (a). 

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary to carry out this section. Such sums shall re14 main available until expended. 

15 ‘‘§ 42303. Use of insecticides in passenger aircraft 

16 ‘‘No air carrier, foreign air carrier, or ticket agent 

17 may sell in the United States a ticket for air transpor18 tation for a flight on which a insecticide has been applied 

19 in the aircraft within the last 60 days or on which an in20 secticide is planned to be used in the aircraft while pas21 sengers are on board the aircraft unless the air carrier, 

22 foreign air carrier, or ticket agent selling the ticket first 

23 informs the person purchasing the ticket of the applica24 tion, application, or planned use of the insecticide, includ25 ing the name of the insecticide.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for sub2 title VII is amended by inserting after the item relating 

3 to chapter 421 the following: 

‘‘423. Air Passenger Service Improvements ............................................. 42301’’. 

4 (c) PENALTIES.—Section 46301 is amended in sub5 sections (a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 

6 423,’’ after ‘‘chapter 421,’’. 

7 (d) APPLICABILITY OF REQUIREMENTS.—Except as 

8 otherwise specifically provided, the requirements of chap9 ter 423 of title 49, United States Code, as added by this 

10 section, shall begin to apply 60 days after the date of en11 actment of this Act. 

12 SEC. 407. CONTENTS OF COMPETITION PLANS. 

13 Section 47106(f)(2) is amended— 

14 (1) by striking ‘‘patterns of air service,’’; 

15 (2) by inserting ‘‘and’’ before ‘‘whether’’; and 

16 (3) by striking ‘‘ , and airfare levels’’ and all 

17 that follows before the period. 

18 SEC. 408. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

19 Section 47107(s)(3) is amended by striking ‘‘April 1, 

20 2009’’ and inserting ‘‘September 30, 2012’’. 

21 SEC. 409. CONTRACT TOWER PROGRAM. 

22 (a) COST-BENEFIT REQUIREMENT.—Section 

23 47124(b) is amended— 

24 (1) by striking ‘‘(1) The Secretary’’ and insert25 ing the following: 


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1 ‘‘(1) CONTRACT TOWER PROGRAM.— 

2 ‘‘(A) CONTINUATION AND EXTENSION.— 

3 The Secretary’’; 

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

5 following: 

6 ‘‘(B) SPECIAL RULE.—If the Secretary de7 termines that a tower already operating under 

8 the program continued under this paragraph 

9 has a benefit to cost ratio of less than 1.0, the 

10 airport sponsor or State or local government 

11 having jurisdiction over the airport shall not be 

12 required to pay the portion of the costs that ex13 ceeds the benefit for a period of 18 months 

14 after such determination is made. 

15 ‘‘(C) USE OF EXCESS FUNDS.—If the Sec16 retary finds that all or part of an amount made 

17 available to carry out the program continued 

18 under this paragraph is not required during a 

19 fiscal year, the Secretary may use, during such 

20 fiscal year, the amount not so required to carry 

21 out the program established under paragraph 

22 (3).’’; and 

23 (3) by striking ‘‘(2) The Secretary’’ and insert24 ing the following: 

25 ‘‘(2) GENERAL AUTHORITY.—The Secretary’’. 


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1 (b) CONTRACT AIR TRAFFIC CONTROL TOWER COST2 SHARING PROGRAM.— 

3 (1) FUNDING.—Section 47124(b)(3)(E) is 

4 amended— 

5 (A) by striking ‘‘and’’; and 

6 (B) by inserting ‘‘, $8,500,000 for fiscal 

7 year 2008, $9,000,000 for fiscal year 2009, 

8 $9,500,000 for fiscal year 2010, $10,000,000 

9 for fiscal year 2011, and $10,000,000 for fiscal 

10 year 2012’’ after ‘‘2007’’. 

11 (2) USE OF EXCESS FUNDS.—Section 

12 47124(b)(3) is amended— 

13 (A) by redesignating subparagraph (E) (as 

14 amended by paragraph (1) of this subsection) 

15 as subparagraph (F); and 

16 (B) by inserting after subparagraph (D) 

17 the following: 

18 ‘‘(E) USE OF EXCESS FUNDS.—If the Sec19 retary finds that all or part of an amount made 

20 available under this subparagraph is not re21 quired during a fiscal year to carry out this 

22 paragraph, the Secretary may use, during such 

23 fiscal year, the amount not so required to carry 

24 out the program continued under paragraph 

25 (1).’’. 


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1 (c) FEDERAL SHARE.—Section 47124(b)(4)(C) is 

2 amended by striking ‘‘$1,500,000’’ and inserting 

3 ‘‘$2,000,000’’. 

4 (d) SAFETY AUDITS.—Section 47124 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 assess8 ments of air traffic control towers that receive funding 

9 under this section.’’. 

10 SEC. 410. AIRFARES FOR MEMBERS OF THE ARMED 

11 FORCES. 

12 (a) FINDINGS.—Congress finds that— 

13 (1) the Armed Forces is comprised of approxi14 mately 1,400,000 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 mem18 bers of the Armed Forces, many of whom are in 

19 grave danger due to their engagement in, or expo20 sure to, 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 

25 very 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 

4 to visit their loved ones at home and require mem5 bers of the Armed Forces to travel with heavy bags; 

6 and 

7 (5) it is the patriotic duty of the people of the 

8 United States to support the members of the Armed 

9 Forces who are defending the Nation’s interests 

10 around the world at great personal sacrifice. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that each United States air carrier should— 

13 (1) establish for all members of the Armed 

14 Forces on active duty reduced air fares that are 

15 comparable to the lowest airfare for ticketed flights; 

16 and 

17 (2) offer flexible terms that allow members of 

18 the Armed Forces on active duty to purchase, mod19 ify, or cancel tickets without time restrictions, fees, 

20 and penalties and waive baggage fees for a minimum 

21 of 3 bags. 


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1 SEC. 411. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR2 TICIPATION PROGRAM. 

3 (a) REPEAL.—Section 41747 of title 49, United 

4 States Code, and the item relating to such section in the 

5 analysis for chapter 417 of such title, are repealed. 

6 (b) APPLICABILITY.—Title 49, United States Code, 

7 shall be applied as if section 41747 of such title had not 

8 been enacted. 

9 SEC. 412. ADJUSTMENT TO SUBSIDY CAP TO REFLECT IN10 CREASED FUEL COSTS. 

11 (a) IN GENERAL.—The $200 per passenger subsidy 

12 cap initially established by Public Law 103–122 (107 

13 Stat. 1198; 1201) and made permanent by section 332 

14 of Public Law 106–69 (113 Stat. 1022) shall be increased 

15 by an amount necessary to account for the increase, if any, 

16 in the cost of aviation fuel in the 24 months preceding 

17 the date of enactment of this Act, as determined by the 

18 Secretary. 

19 (b) ADJUSTMENT OF CAP.—Not later than 60 days 

20 after the date of enactment of this Act, the Secretary shall 

21 publish in the Federal Register the increased subsidy cap 

22 as an interim final rule, pursuant to which public comment 

23 will be sought and a final rule issued. 

24 (c) LIMITATION ON ELIGIBILITY.—A community that 

25 has been determined, pursuant to a final order issued by 

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1 actment of this Act, to be ineligible for subsidized air serv2 ice under subchapter II of chapter 417 of title 49, United 

3 States Code, shall not be eligible for the increased subsidy 

4 cap established pursuant to this section. 

5 SEC. 413. NOTICE TO COMMUNITIES PRIOR TO TERMI6 NATION OF ELIGIBILITY FOR SUBSIDIZED ES7 SENTIAL AIR SERVICE. 

8 Section 41733 of title 49, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TERMI11 NATION OF ELIGIBILITY.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall notify 

13 each community receiving basic essential air service 

14 for which compensation is being paid under this sub15 chapter on or before the 45th day before issuing any 

16 final decision to end the payment of such compensa17 tion due to a determination by the Secretary that 

18 providing such service requires a rate of subsidy per 

19 passenger in excess of the subsidy cap. 

20 ‘‘(2) PROCEDURES TO AVOID TERMINATION.— 

21 The Secretary shall establish, by order, procedures 

22 by which each community notified of an impending 

23 loss of subsidy under paragraph (1) may work di24 rectly with an air carrier to ensure that the air car25 rier is able to submit a proposal to the Secretary to 


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1 provide essential air service to such community for 

2 an amount of compensation that would not exceed 

3 the subsidy cap. 

4 ‘‘(3) ASSISTANCE PROVIDED.—The Secretary 

5 shall provide, by order, to each community notified 

6 under paragraph (1) information regarding— 

7 ‘‘(A) the procedures established pursuant 

8 to paragraph (2); and 

9 ‘‘(B) the maximum amount of compensa10 tion that could be provided under this sub11 chapter to an air carrier serving such commu12 nity that would comply with the subsidy cap. 

13 ‘‘(4) SUBSIDY CAP DEFINED.—In this sub14 section, the term ‘subsidy cap’ means the subsidy 

15 cap established by section 332 of Public Law 106– 

16 69, including any increase to that subsidy cap estab17 lished by the Secretary pursuant to the FAA Reau18 thorization Act of 2009.’’. 

19 SEC. 414. RESTORATION OF ELIGIBILITY TO A PLACE DE20 TERMINED BY THE SECRETARY TO BE INELI21 GIBLE FOR SUBSIDIZED ESSENTIAL AIR 

22 SERVICE. 

23 Section 41733 (as amended by section 413 of this 

24 Act) is further amended by adding at the end the fol25 lowing: 


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1 ‘‘(g) PROPOSALS OF STATE AND LOCAL GOVERN2 MENTS TO RESTORE ELIGIBILITY.— 

3 ‘‘(1) IN GENERAL.—If the Secretary, after the 

4 date of enactment of this subsection, ends payment 

5 of compensation to an air carrier for providing basic 

6 essential air service to an eligible place because the 

7 Secretary has determined that providing such service 

8 requires a rate of subsidy per passenger in excess of 

9 the subsidy cap (as defined in subsection (f)), a 

10 State or local government may submit to the Sec11 retary a proposal for restoring compensation for 

12 such service. Such proposal shall be a joint proposal 

13 of the State or local government and an air carrier. 

14 ‘‘(2) DETERMINATION BY SECRETARY.—If a 

15 State or local government submits to the Secretary 

16 a proposal under paragraph (1) with respect to an 

17 eligible place, and the Secretary determines that— 

18 ‘‘(A) the rate of subsidy per passenger 

19 under the proposal does not exceed the subsidy 

20 cap (as defined in subsection (f)); and 

21 ‘‘(B) the proposal is consistent with the 

22 legal and regulatory requirements of the essen23 tial air service program, 

24 the Secretary shall issue an order restoring the eligi25 bility of the otherwise eligible place to receive basic 


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1 essential air service by an air carrier for compensa2 tion under subsection (c).’’. 

3 SEC. 415. OFFICE OF RURAL AVIATION. 

4 (a) IN GENERAL.—Subchapter II of chapter 417 is 

5 amended by adding at the end the following: 

6 ‘‘§ 41749. Office of Rural Aviation 

7 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor8 tation shall establish within the Department of Transpor9 tation an office to be known as the ‘Office of Rural Avia10 tion’ (in this section referred to as the ‘Office’). 

11 ‘‘(b) FUNCTIONS.—The Office shall— 

12 ‘‘(1) monitor the status of air service to small 

13 communities; 

14 ‘‘(2) develop proposals to improve air service to 

15 small communities; and 

16 ‘‘(3) carry out such other functions as the Sec17 retary considers appropriate.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for sub19 chapter II of chapter 417 is amended by adding at the 

20 end the following: 

‘‘41749. Office of Rural Aviation.’’. 

21 SEC. 416. ADJUSTMENTS TO COMPENSATION FOR SIGNIFI22 CANTLY INCREASED COSTS. 

23 (a) EMERGENCY ACROSS-THE-BOARD ADJUST24 MENT.—Subject to the availability of funds, the Secretary 

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1 riers under subchapter II of chapter 417 of title 49, 

2 United States Code, to compensate such carriers for in3 creased aviation fuel costs, without regard to any agree4 ment or requirement relating to the renegotiation of con5 tracts or any notice requirement under section 41734 of 

6 such title. 

7 (b) EXPEDITED PROCESS FOR ADJUSTMENTS TO IN8 DIVIDUAL CONTRACTS.— 

9 (1) IN GENERAL.—Section 41734(d) of title 49, 

10 United States Code, is amended by striking ‘‘con11 tinue to pay’’ and all that follows through ‘‘com12 pensation sufficient—’’ and inserting ‘‘provide the 

13 carrier with compensation sufficient—’’. 

14 (2) EFFECTIVE DATE.—The amendment made 

15 by paragraph (1) shall apply to compensation to air 

16 carriers for air service provided after the 30th day 

17 following the date of enactment of this Act. 

18 SEC. 417. REVIEW OF AIR CARRIER FLIGHT DELAYS, CAN19 CELLATIONS, AND ASSOCIATED CAUSES. 

20 (a) REVIEW.—The Inspector General of the Depart21 ment of Transportation shall conduct a review regarding 

22 air carrier flight delays, cancellations, and associated 

23 causes to update its 2000 report numbered CR–2000–112 

24 and entitled ‘‘Audit of Air Carrier Flight Delays and Can25 cellations’’. 


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1 (b) ASSESSMENTS.—In conducting the review under 

2 subsection (a), the Inspector General shall assess— 

3 (1) the need for an update on delay and can4 cellation statistics, such as number of chronically de5 layed flights and taxi-in and taxi-out times; 

6 (2) air carriers’ scheduling practices; 

7 (3) the need for a re-examination of capacity 

8 benchmarks at the Nation’s busiest airports; and 

9 (4) the impact of flight delays and cancellations 

10 on air travelers, including recommendations for pro11 grams that could be implemented to address the im12 pact of flight delays on air travelers. 

13 (c) REPORT.—Not later than one year after the date 

14 of enactment of this Act, the Inspector General shall sub15 mit to the Committee on Transportation and Infrastruc16 ture of the House of Representatives and the Committee 

17 on Commerce, Science, and Transportation of the Senate 

18 a report on the results of the review conducted under this 

19 section, including the assessments described in subsection 

20 (b). 

21 SEC. 418. EUROPEAN UNION RULES FOR PASSENGER 

22 RIGHTS. 

23 (a) IN GENERAL.—The Comptroller General shall 

24 conduct a study to evaluate and compare the regulations 

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1 pensation and other consideration offered to passengers 

2 who are denied boarding or whose flights are cancelled or 

3 delayed. 

4 (b) SPECIFIC STUDY REQUIREMENTS.—The study 

5 shall include an evaluation and comparison of the regula6 tions based on costs to the air carriers, preferences of pas7 sengers for compensation or other consideration, and 

8 forms of compensation. In conducting the study, the 

9 Comptroller General shall also take into account the dif10 ferences in structure and size of the aviation systems of 

11 the European Union and the United States. 

12 (c) REPORT.—Not later than one year after the date 

13 of enactment of this Act, the Comptroller General shall 

14 submit a report to Congress on the results of the study. 

15 SEC. 419. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 

16 AVIATION CONSUMER PROTECTION. 

17 (a) IN GENERAL.—The Secretary of Transportation 

18 shall establish an advisory committee for aviation con19 sumer protection (in this section referred to as the ‘‘advi20 sory committee’’) to advise the Secretary in carrying out 

21 air passenger service improvements, including those re22 quired by chapter 423 of title 49, United States Code. 

23 (b) MEMBERSHIP.—The Secretary shall appoint 8 

24 members to the advisory committee as follows: 


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1 (1) Two representatives of air carriers required 

2 to submit emergency contingency plans pursuant to 

3 section 42301 of title 49, United States Code. 

4 (2) Two representatives of the airport operators 

5 required to submit emergency contingency plans pur6 suant to section 42301 of such title. 

7 (3) Two representatives of State and local gov8 ernments who have expertise in aviation consumer 

9 protection matters. 

10 (4) Two representatives of nonprofit public in11 terest groups who have expertise in aviation con12 sumer protection matters. 

13 (c) VACANCIES.—A vacancy in the advisory com14 mittee shall be filled in the manner in which the original 

15 appointment was made. 

16 (d) TRAVEL EXPENSES.—Members of the advisory 

17 committee shall serve without pay but shall receive travel 

18 expenses, including per diem in lieu of subsistence, in ac19 cordance with subchapter I of chapter 57 of title 5, United 

20 States Code. 

21 (e) CHAIRPERSON.—The Secretary shall designate, 

22 from among the individuals appointed under subsection 

23 (b), an individual to serve as chairperson of the advisory 

24 committee. 


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1 (f) DUTIES.—The duties of the advisory committee 

2 shall include the following: 

3 (1) Evaluating existing aviation consumer pro4 tection programs and providing recommendations for 

5 the improvement of such programs, if needed. 

6 (2) Providing recommendations to establish ad7 ditional aviation consumer protection programs, if 

8 needed. 

9 (g) REPORT.—Not later than February 1 of each of 

10 the first 2 calendar years beginning after the date of en11 actment of this Act, the Secretary shall transmit to Con12 gress a report containing— 

13 (1) each recommendation made by the advisory 

14 committee during the preceding calendar year; and 

15 (2) an explanation of how the Secretary has im16 plemented each recommendation and, for each rec17 ommendation not implemented, the Secretary’s rea18 son for not implementing the recommendation. 

19 SEC. 420. DENIED BOARDING COMPENSATION. 

20 Not later than May 19, 2010, and every 2 years 

21 thereafter, the Secretary shall evaluate the amount pro22 vided for denied boarding compensation and issue a regu23 lation to adjust such compensation as necessary. 


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1 SEC. 421. SCHEDULE REDUCTION. 

2 (a) IN GENERAL.—If the Administrator of the Fed3 eral Aviation Administration determines that: (1) the air4 craft operations of air carriers during any hour at an air5 port exceeds the hourly maximum departure and arrival 

6 rate established by the Administrator for such operations; 

7 and (2) the operations in excess of the maximum depar8 ture and arrival rate for such hour at such airport are 

9 likely to have a significant adverse effect on the national 

10 or regional airspace system, the Administrator shall con11 vene a conference of such carriers to reduce pursuant to 

12 section 41722, on a voluntary basis, the number of such 

13 operations to less than such maximum departure and ar14 rival rate. 

15 (b) NO AGREEMENT.—If the air carriers partici16 pating in a conference with respect to an airport under 

17 subsection (a) are not able to agree to a reduction in the 

18 number of flights to and from the airport to less than the 

19 maximum departure and arrival rate, the Administrator 

20 shall take such action as is necessary to ensure such re21 duction is implemented. 

22 (c) QUARTERLY REPORTS.—Beginning 3 months 

23 after the date of enactment of this Act and every 3 months 

24 thereafter, the Administrator shall submit to Congress a 

25 report regarding scheduling at the 35 airports that have 

26 the greatest number of passenger enplanements, including 


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1 each occurrence in which hourly scheduled aircraft oper2 ations of air carriers at such an airport exceed the hourly 

3 maximum departure and arrival rate at any such airport. 

4 SEC. 422. EXPANSION OF DOT AIRLINE CONSUMER COM5 PLAINT INVESTIGATIONS. 

6 (a) IN GENERAL.—Subject to the availability of ap7 propriations, the Secretary of Transportation shall inves8 tigate consumer complaints regarding— 

9 (1) flight cancellations; 

10 (2) compliance with Federal regulations con11 cerning overbooking seats on flights; 

12 (3) lost, damaged, or delayed baggage, and dif13 ficulties with related airline claims procedures; 

14 (4) problems in obtaining refunds for unused or 

15 lost tickets or fare adjustments; 

16 (5) incorrect or incomplete information about 

17 fares, discount fare conditions and availability, over18 charges, and fare increases; 

19 (6) the rights of passengers who hold frequent 

20 flier miles or equivalent redeemable awards earned 

21 through customer-loyalty programs; and 

22 (7) deceptive or misleading advertising. 

23 (b) BUDGET NEEDS REPORT.—The Secretary shall 

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1 vestigate all such claims the Department of Transpor2 tation received in the previous fiscal year. The annex shall 

3 be transmitted to Congress when the President submits 

4 the budget of the United States to the Congress under 

5 section 1105 of title 31, United States Code. 

6 SEC. 423. PROHIBITIONS AGAINST VOICE COMMUNICA7 TIONS USING MOBILE COMMUNICATIONS DE8 VICES ON SCHEDULED FLIGHTS. 

9 (a) IN GENERAL.—Subchapter I of chapter 417 of 

10 title 49, United States Code, is amended by adding at the 

11 end the following: 

12 ‘‘§ 41724. Prohibitions against voice communications 

13 using mobile communications devices on 

14 scheduled flights 

15 ‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR16 TATION.— 

17 ‘‘(1) IN GENERAL.—An individual may not en18 gage in voice communications using a mobile com19 munications device in an aircraft during a flight in 

20 scheduled passenger interstate air transportation or 

21 scheduled passenger intrastate air transportation. 

22 ‘‘(2) EXCEPTIONS.—The prohibition described 

23 in paragraph (1) shall not apply to— 

24 ‘‘(A) a member of the flight crew or flight 

25 attendants on an aircraft; or 


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1 ‘‘(B) a Federal law enforcement officer 

2 acting in an official capacity. 

3 ‘‘(b) FOREIGN AIR TRANSPORTATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary of Transpor5 tation shall require all air carriers and foreign air 

6 carriers to adopt the prohibition described in sub7 section (a) with respect to the operation of an air8 craft in scheduled passenger foreign air transpor9 tation. 

10 ‘‘(2) ALTERNATE PROHIBITION.—If a foreign 

11 government objects to the application of paragraph 

12 (1) on the basis that paragraph (1) provides for an 

13 extraterritorial application of the laws of the United 

14 States, the Secretary may waive the application of 

15 paragraph (1) to a foreign air carrier licensed by 

16 that foreign government until such time as an alter17 native prohibition on voice communications using a 

18 mobile communications device during flight is nego19 tiated by the Secretary with such foreign govern20 ment through bilateral negotiations. 

21 ‘‘(c) DEFINITIONS.—In this section, the following 

22 definitions apply: 

23 ‘‘(1) FLIGHT.—The term ‘flight’ means the pe24 riod beginning when an aircraft takes off and ending 

25 when an aircraft lands. 


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1 ‘‘(2) VOICE COMMUNICATIONS USING A MOBILE

2 COMMUNICATIONS DEVICE.— 

3 ‘‘(A) INCLUSIONS.—The term ‘voice com4 munications using a mobile communications de5 vice’ includes voice communications using— 

6 ‘‘(i) a commercial mobile radio service 

7 or other wireless communications device; 

8 ‘‘(ii) a broadband wireless device or 

9 other wireless device that transmits data 

10 packets using the Internet Protocol or 

11 comparable technical standard; or 

12 ‘‘(iii) a device having voice override 

13 capability. 

14 ‘‘(B) EXCLUSION.—Such term does not in15 clude voice communications using a phone in16 stalled on an aircraft. 

17 ‘‘(d) SAFETY REGULATIONS.—This section shall not 

18 be construed to affect the authority of the Secretary to 

19 impose limitations on voice communications using a mobile 

20 communications device for safety reasons. 

21 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

22 such regulations as are necessary to carry out this sec23 tion.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis for such 

25 subchapter is amended by adding at the end the following: 


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‘‘Sec. 41724. Prohibitions against voice communications using mobile communications devices on scheduled flights.’’. 

1 TITLE V—ENVIRONMENTAL 

2 STEWARDSHIP AND STREAM3 LINING 

4 SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PRO5 GRAM. 

6 Section 40128 is amended— 

7 (1) in subsection (a)(1)(C) by inserting ‘‘or vol8 untary agreement under subsection (b)(7)’’ before 

9 ‘‘for the park’’; 

10 (2) in subsection (a) by adding at the end the 

11 following: 

12 ‘‘(5) EXEMPTION.— 

13 ‘‘(A) IN GENERAL.—Notwithstanding para14 graph (1), a national park that has 50 or fewer 

15 commercial air tour flights a year shall be ex16 empt from the requirements of this section, ex17 cept as provided in subparagraph (B). 

18 ‘‘(B) WITHDRAWAL OF EXEMPTION.—If 

19 the Director determines that an air tour man20 agement plan or voluntary agreement is nec21 essary to protect park resources and values or 

22 park visitor use and enjoyment, the Director 

23 shall withdraw the exemption of a park under 

24 subparagraph (A). 


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1 ‘‘(C) LIST OF PARKS.—The Director shall 

2 inform the Administrator, in writing, of each 

3 determination under subparagraph (B). The Di4 rector and Administrator shall publish an an5 nual list of national parks that are covered by 

6 the exemption provided by this paragraph. 

7 ‘‘(D) ANNUAL REPORT.—A commercial air 

8 tour operator conducting commercial air tours 

9 in a national park that is exempt from the re10 quirements of this section shall submit to the 

11 Administrator and the Director an annual re12 port regarding the number of commercial air 

13 tour flights it conducts each year in such 

14 park.’’; 

15 (3) in subsection (b) by adding at the end the 

16 following: 

17 ‘‘(7) VOLUNTARY AGREEMENTS.— 

18 ‘‘(A) IN GENERAL.—As an alternative to 

19 an air tour management plan, the Director and 

20 the Administrator may enter into a voluntary 

21 agreement with a commercial air tour operator 

22 (including a new entrant applicant and an oper23 ator that has interim operating authority) that 

24 has applied to conduct air tour operations over 


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1 a national park to manage commercial air tour 

2 operations over such national park. 

3 ‘‘(B) PARK PROTECTION.—A voluntary 

4 agreement under this paragraph with respect to 

5 commercial air tour operations over a national 

6 park shall address the management issues nec7 essary to protect the resources of such park and 

8 visitor use of such park without compromising 

9 aviation safety or the air traffic control system 

10 and may— 

11 ‘‘(i) include provisions such as those 

12 described in subparagraphs (B) through 

13 (E) of paragraph (3); 

14 ‘‘(ii) include provisions to ensure the 

15 stability of, and compliance with, the vol16 untary agreement; and 

17 ‘‘(iii) provide for fees for such oper18 ations. 

19 ‘‘(C) PUBLIC.—The Director and the Ad20 ministrator shall provide an opportunity for 

21 public review of a proposed voluntary agree22 ment under this paragraph and shall consult 

23 with any Indian tribe whose tribal lands are, or 

24 may be, flown over by a commercial air tour op25 erator under a voluntary agreement under this 


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1 paragraph. After such opportunity for public re2 view and consultation, the voluntary agreement 

3 may be implemented without further adminis4 trative or environmental process beyond that 

5 described in this subsection. 

6 ‘‘(D) TERMINATION.—A voluntary agree7 ment under this paragraph may be terminated 

8 at any time at the discretion of the Director or 

9 the Administrator if the Director determines 

10 that the agreement is not adequately protecting 

11 park resources or visitor experiences or the Ad12 ministrator determines that the agreement is 

13 adversely affecting aviation safety or the na14 tional aviation system. If a voluntary agreement 

15 for a national park is terminated, the operators 

16 shall conform to the requirements for interim 

17 operating authority under subsection (c) until 

18 an air tour management plan for the park is in 

19 effect.’’; 

20 (4) in subsection (c) by striking paragraph 

21 (2)(I) and inserting the following: 

22 ‘‘(I) may allow for modifications of the in23 terim operating authority without further envi24 ronmental review beyond that described in this 

25 section if— 


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1 ‘‘(i) adequate information regarding 

2 the operator’s existing and proposed oper3 ations under the interim operating author4 ity is provided to the Administrator and 

5 the Director; 

6 ‘‘(ii) the Administrator determines 

7 that there would be no adverse impact on 

8 aviation safety or the air traffic control 

9 system; and 

10 ‘‘(iii) the Director agrees with the 

11 modification, based on the Director’s pro12 fessional expertise regarding the protection 

13 of the park resources and values and vis14 itor use and enjoyment.’’; 

15 (5) in subsection (c)(3)(A) by striking ‘‘if the 

16 Administrator determines’’ and all that follows 

17 through the period at the end and inserting ‘‘without 

18 further environmental process beyond that described 

19 in this paragraph if— 

20 ‘‘(i) adequate information on the oper21 ator’s proposed operations is provided to 

22 the Administrator and the Director by the 

23 operator making the request; 

24 ‘‘(ii) the Administrator agrees that 

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1 tion safety or the air traffic control sys2 tem; and 

3 ‘‘(iii) the Director agrees, based on 

4 the Director’s professional expertise re5 garding the protection of park resources 

6 and values and visitor use and enjoy7 ment.’’; 

8 (6) by redesignating subsections (d), (e), and 

9 (f) as subsections (e), (f), and (g), respectively; and 

10 (7) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) COMMERCIAL AIR TOUR OPERATOR RE13 PORTS.— 

14 ‘‘(1) REPORT.—Each commercial air tour oper15 ator providing a commercial air tour over a national 

16 park under interim operating authority granted 

17 under subsection (c) or in accordance with an air 

18 tour management plan under subsection (b) shall 

19 submit a report to the Administrator and Director 

20 regarding the number of its commercial air tour op21 erations over each national park and such other in22 formation as the Administrator and Director may 

23 request in order to facilitate administering the provi24 sions of this section. 


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1 ‘‘(2) REPORT SUBMISSION.—Not later than 3 

2 months after the date of enactment of the FAA Re3 authorization Act of 2009, the Administrator and 

4 Director shall jointly issue an initial request for re5 ports under this subsection. The reports shall be 

6 submitted to the Administrator and Director on a 

7 frequency and in a format prescribed by the Admin8 istrator and Director.’’. 

9 SEC. 502. STATE BLOCK GRANT PROGRAM. 

10 (a) GENERAL REQUIREMENTS.—Section 47128(a) is 

11 amended— 

12 (1) in the first sentence by striking ‘‘prescribe 

13 regulations’’ and inserting ‘‘issue guidance’’; and 

14 (2) in the second sentence by striking ‘‘regula15 tions’’ and inserting ‘‘guidance’’. 

16 (b) APPLICATIONS AND SELECTION.—Section 

17 47128(b)(4) is amended by inserting before the semicolon 

18 the following: ‘‘, including the National Environmental 

19 Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and 

20 local environmental policy acts, Executive orders, agency 

21 regulations and guidance, and other Federal environ22 mental requirements’’. 

23 (c) ENVIRONMENTAL ANALYSIS AND COORDINATION

24 REQUIREMENTS.—Section 47128 is amended by adding at 

25 the end the following: 


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1 ‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDINA2 TION REQUIREMENTS.—A Federal agency, other than the 

3 Federal Aviation Administration, that is responsible for 

4 issuing an approval, license, or permit to ensure compli5 ance with a Federal environmental requirement applicable 

6 to a project or activity to be carried out by a State using 

7 amounts from a block grant made under this section 

8 shall— 

9 ‘‘(1) coordinate and consult with the State; 

10 ‘‘(2) use the environmental analysis prepared by 

11 the State for the project or activity if such analysis 

12 is adequate; and 

13 ‘‘(3) supplement such analysis, as necessary, to 

14 meet applicable Federal requirements.’’. 

15 SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR RE16 VIEWS. 

17 Section 47173(a) is amended by striking ‘‘services of 

18 consultants in order to’’ and all that follows through the 

19 period at the end and inserting ‘‘services of consultants— 

20 ‘‘(1) to facilitate the timely processing, review, 

21 and completion of environmental activities associated 

22 with an airport development project; 

23 ‘‘(2) to conduct special environmental studies 

24 related to an airport project funded with Federal 

25 funds; 


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1 ‘‘(3) to conduct special studies or reviews to 

2 support approved noise compatibility measures de3 scribed in part 150 of title 14, Code of Federal Reg4 ulations; or 

5 ‘‘(4) to conduct special studies or reviews to 

6 support environmental mitigation in a record of deci7 sion or finding of no significant impact by the Fed8 eral Aviation Administration.’’. 

9 SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 

10 PROCEDURES. 

11 Section 47504 is amended by adding at the end the 

12 following: 

13 ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE14 DURES.— 

15 ‘‘(1) IN GENERAL.—In accordance with sub16 section (c)(1), the Secretary may make a grant to an 

17 airport operator to assist in completing environ18 mental review and assessment activities for pro19 posals to implement flight procedures at such airport 

20 that have been approved as part of an airport noise 

21 compatibility program under subsection (b). 

22 ‘‘(2) ADDITIONAL STAFF.—The Administrator 

23 may accept funds from an airport operator, includ24 ing funds provided to the operator under paragraph 

25 (1), to hire additional staff or obtain the services of 


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1 consultants in order to facilitate the timely proc2 essing, review, and completion of environmental ac3 tivities associated with proposals to implement flight 

4 procedures at such airport that have been approved 

5 as part of an airport noise compatibility program 

6 under subsection (b). 

7 ‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL8 LECTIONS.—Notwithstanding section 3302 of title 

9 31, any funds accepted under this section— 

10 ‘‘(A) shall be credited as offsetting collec11 tions to the account that finances the activities 

12 and services for which the funds are accepted; 

13 ‘‘(B) shall be available for expenditure only 

14 to pay the costs of activities and services for 

15 which the funds are accepted; and 

16 ‘‘(C) shall remain available until ex17 pended.’’. 

18 SEC. 505. CLEEN RESEARCH, DEVELOPMENT, AND IMPLE19 MENTATION PARTNERSHIP. 

20 (a) COOPERATIVE AGREEMENT.—Subchapter I of 

21 chapter 475 is amended by adding at the end the fol22 lowing: 


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1 ‘‘§ 47511. CLEEN research, development, and imple2 mentation partnership 

3 ‘‘(a) IN GENERAL.—The Administrator of the Fed4 eral Aviation Administration, in coordination with the Ad5 ministrator of the National Aeronautics and Space Admin6 istration, shall enter into a cooperative agreement, using 

7 a competitive process, with an institution, entity, or con8 sortium to carry out a program for the development, ma9 turing, and certification of CLEEN engine and airframe 

10 technology for aircraft over the next 10 years. 

11 ‘‘(b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY

12 DEFINED.—In this section, the term ‘CLEEN engine and 

13 airframe technology’ means continuous lower energy, 

14 emissions, and noise engine and airframe technology. 

15 ‘‘(c) PERFORMANCE OBJECTIVE.—The Adminis16 trator of the Federal Aviation Administration, in coordina17 tion with the Administrator of the National Aeronautics 

18 and Space Administration, shall establish the following 

19 performance objectives for the program, to be achieved by 

20 September 30, 2016: 

21 ‘‘(1) Development of certifiable aircraft tech22 nology that reduces fuel burn by 33 percent com23 pared to current technology, reducing energy con24 sumption and greenhouse gas emissions. 

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1 gen oxide emissions by 60 percent, at a pressure 

2 ratio of 30, over the International Civil Aviation Or3 ganization standard adopted at the 6th Meeting of 

4 the Committee on Aviation Environmental Protec5 tion, with commensurate reductions over the full 

6 pressure ratio range, while limiting or reducing 

7 other gaseous or particle emissions. 

8 ‘‘(3) Development of certifiable aircraft tech9 nology that reduces noise levels by 32 Effective Per10 ceived Noise Level in Decibels cumulative, relative to 

11 Stage 4 standards. 

12 ‘‘(4) Determination of the feasibility of the use 

13 of alternative fuels in aircraft systems, including 

14 successful demonstration and quantification of the 

15 benefits of such fuels. 

16 ‘‘(5) Determination of the extent to which new 

17 engine and aircraft technologies may be used to ret18 rofit or re-engine aircraft to increase the integration 

19 of retrofitted and re-engined aircraft into the com20 mercial fleet. 

21 ‘‘(d) FUNDING.—Of amounts appropriated under sec22 tion 48102(a), not more than the following amounts may 

23 be used to carry out this section: 

24 ‘‘(1) $20,000,000 for fiscal year 2009. 

25 ‘‘(2) $25,000,000 for fiscal year 2010. 


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1 ‘‘(3) $33,000,000 for fiscal year 2011. 

2 ‘‘(4) $50,000,000 for fiscal year 2012. 

3 ‘‘(e) REPORT.—Beginning in fiscal year 2010, the 

4 Administrator of the Federal Aviation Administration 

5 shall publish an annual report on the program established 

6 under this section until completion of the program.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for such 

8 subchapter is amended by adding at the end the following: 

‘‘47511. CLEEN research, development, and implementation partnership.’’. 

9 SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT 

10 WEIGHING 75,000 POUNDS OR LESS NOT COM11 PLYING WITH STAGE 3 NOISE LEVELS. 

12 (a) IN GENERAL.—Subchapter II of chapter 475 is 

13 amended by adding at the end the following: 

14 ‘‘§ 47534. Prohibition on operating certain aircraft 

15 weighing 75,000 pounds or less not com16 plying with stage 3 noise levels 

17 ‘‘(a) PROHIBITION.—Except as provided in sub18 section (b), (c), or (d), after December 31, 2013, a person 

19 may not operate a civil subsonic jet airplane with a max20 imum weight of 75,000 pounds or less, and for which an 

21 airworthiness certificate (other than an experimental cer22 tificate) has been issued, to or from an airport in the 

23 United States unless the Secretary of Transportation 

24 finds that the aircraft complies with stage 3 noise levels. 


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1 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

2 aircraft operated only outside the 48 contiguous States. 

3 ‘‘(c) EXCEPTIONS.—The Secretary may allow tem4 porary operation of an airplane otherwise prohibited from 

5 operation under subsection (a) to or from an airport in 

6 the contiguous United States by granting a special flight 

7 authorization for one or more of the following cir8 cumstances: 

9 ‘‘(1) To sell, lease, or use the aircraft outside 

10 the 48 contiguous States. 

11 ‘‘(2) To scrap the aircraft. 

12 ‘‘(3) To obtain modifications to the aircraft to 

13 meet stage 3 noise levels. 

14 ‘‘(4) To perform scheduled heavy maintenance 

15 or significant modifications on the aircraft at a 

16 maintenance facility located in the contiguous 48 

17 States. 

18 ‘‘(5) To deliver the aircraft to an operator leas19 ing the aircraft from the owner or return the air20 craft to the lessor. 

21 ‘‘(6) To prepare, park, or store the aircraft in 

22 anticipation of any of the activities described in 

23 paragraphs (1) through (5). 

24 ‘‘(7) To provide transport of persons and goods 

25 in the relief of emergency situations. 


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1 ‘‘(8) To divert the aircraft to an alternative air 

2 port in the 48 contiguous States on account of 

3 weather, mechanical, fuel, air traffic control, or 

4 other safety reasons while conducting a flight in 

5 order to perform any of the activities described in 

6 paragraphs (1) through (7). 

7 ‘‘(d) STATUTORY CONSTRUCTION.—Nothing in the 

8 section may be construed as interfering with, nullifying, 

9 or otherwise affecting determinations made by the Federal 

10 Aviation Administration, or to be made by the Administra11 tion, with respect to applications under part 161 of title 

12 14, Code of Federal Regulations, that were pending on 

13 the date of enactment of this section.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) Section 47531 is amended— 

16 (A) in the section heading by striking ‘‘for 

17 violating sections 47528–47530’’; and 

18 (B) by striking ‘‘47529, or 47530’’ and in19 serting ‘‘47529, 47530, or 47534’’. 

20 (2) Section 47532 is amended by inserting ‘‘or 

21 47534’’ after ‘‘47528–47531’’. 

22 (3) The analysis for chapter 475 is amended— 

23 (A) by striking the item relating to section 

24 47531 and inserting the following: 

‘‘47531. Penalties.’’; 

25 and 


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1 (B) by inserting after the item relating to 

2 section 47533 the following: 

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or 

less not complying with stage 3 noise levels.’’. 

3 SEC. 507. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 

4 (a) ESTABLISHMENT.—The Secretary of Transpor5 tation shall establish a pilot program to carry out not 

6 more than 6 environmental mitigation demonstration 

7 projects at public-use airports. 

8 (b) GRANTS.—In implementing the program, the Sec9 retary may make a grant to the sponsor of a public-use 

10 airport from funds apportioned under section 

11 47117(e)(1)(A) of title 49, United States Code, to carry 

12 out an environmental mitigation demonstration project to 

13 measurably reduce or mitigate aviation impacts on noise, 

14 air quality, or water quality in the vicinity of the airport. 

15 (c) ELIGIBILITY FOR PASSENGER FACILITY FEES.— 

16 An environmental mitigation demonstration project that 

17 receives funds made available under this section may be 

18 considered an eligible airport-related project for purposes 

19 of section 40117 of such title. 

20 (d) SELECTION CRITERIA.—In selecting among ap21 plicants for participation in the program, the Secretary 

22 shall give priority consideration to applicants proposing to 

23 carry out environmental mitigation demonstration projects 

24 that will— 


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1 (1) achieve the greatest reductions in aircraft 

2 noise, airport emissions, or airport water quality im3 pacts either on an absolute basis or on a per dollar 

4 of funds expended basis; and 

5 (2) be implemented by an eligible consortium. 

6 (e) FEDERAL SHARE.—Notwithstanding any provi7 sion of subchapter I of chapter 471 of such title, the 

8 United States Government share of allowable project costs 

9 of an environmental mitigation demonstration project car10 ried out under this section shall be 50 percent. 

11 (f) MAXIMUM AMOUNT.—The Secretary may not 

12 make grants for a single environmental mitigation dem13 onstration project under this section in a total amount 

14 that exceeds $2,500,000. 

15 (g) PUBLICATION OF INFORMATION.—The Secretary 

16 may develop and publish information on the results of en17 vironmental mitigation demonstration projects carried out 

18 under this section, including information identifying best 

19 practices for reducing or mitigating aviation impacts on 

20 noise, air quality, or water quality in the vicinity of air21 ports. 

22 (h) DEFINITIONS.—In this section, the following defi23 nitions apply: 


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1 (1) ELIGIBLE CONSORTIUM.—The term ‘‘eligi2 ble consortium’’ means a consortium of 2 or more of 

3 the following entities: 

4 (A) A business incorporated in the United 

5 States. 

6 (B) A public or private educational or re7 search organization located in the United 

8 States. 

9 (C) An entity of a State or local govern10 ment. 

11 (D) A Federal laboratory. 

12 (2) ENVIRONMENTAL MITIGATION DEMONSTRA13 TION PROJECT.—The term ‘‘environmental mitiga14 tion demonstration project’’ means a project that— 

15 (A) demonstrates at a public-use airport 

16 environmental mitigation techniques or tech17 nologies with associated benefits, which have al18 ready been proven in laboratory demonstra19 tions; 

20 (B) utilizes methods for efficient adapta21 tion or integration of innovative concepts to air22 port operations; and 

23 (C) demonstrates whether a technique or 

24 technology for environmental mitigation identi25 fied in research is— 


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1 (i) practical to implement at or near 

2 multiple public-use airports; and 

3 (ii) capable of reducing noise, airport 

4 emissions, greenhouse gas emissions, or 

5 water quality impacts in measurably sig6 nificant amounts. 

7 SEC. 508. AIRCRAFT DEPARTURE QUEUE MANAGEMENT 

8 PILOT PROGRAM. 

9 (a) IN GENERAL.—The Secretary of Transportation 

10 shall carry out a pilot program at not more than 5 public11 use airports under which the Federal Aviation Administra12 tion shall use funds made available under section 48101(a) 

13 to test air traffic flow management tools, methodologies, 

14 and procedures that will allow air traffic controllers of the 

15 Administration to better manage the flow of aircraft on 

16 the ground and reduce the length of ground holds and 

17 idling time for aircraft. 

18 (b) SELECTION CRITERIA.—In selecting from among 

19 airports at which to conduct the pilot program, the Sec20 retary shall give priority consideration to airports at which 

21 improvements in ground control efficiencies are likely to 

22 achieve the greatest fuel savings or air quality or other 

23 environmental benefits, as measured by the amount of re24 duced fuel, reduced emissions, or other environmental ben25 efits per dollar of funds expended under the pilot program. 


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1 (c) MAXIMUM AMOUNT.—Not more than a total of 

2 $5,000,000 may be expended under the pilot program at 

3 any single public-use airport. 

4 (d) REPORT TO CONGRESS.—Not later than 3 years 

5 after the date of the enactment of this section, the Sec6 retary shall submit to the Committee on Transportation 

7 and Infrastructure of the House of Representatives and 

8 the Committee on Commerce, Science, and Transportation 

9 of the Senate a report containing— 

10 (1) an evaluation of the effectiveness of the 

11 pilot program, including an assessment of the tools, 

12 methodologies, and procedures that provided the 

13 greatest fuel savings and air quality and other envi14 ronmental benefits, and any impacts on safety, ca15 pacity, or efficiency of the air traffic control system 

16 or the airports at which affected aircraft were oper17 ating; 

18 (2) an identification of anticipated benefits 

19 from implementation of the tools, methodologies, 

20 and procedures developed under the pilot program at 

21 other airports; 

22 (3) a plan for implementing the tools, meth23 odologies, and procedures developed under the pilot 

24 program at other airports or the Secretary’s reasons 


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1 for not implementing such measures at other air2 ports; and 

3 (4) such other information as the Secretary 

4 considers appropriate. 

5 SEC. 509. HIGH PERFORMANCE AND SUSTAINABLE AIR 

6 TRAFFIC CONTROL FACILITIES. 

7 (a) IN GENERAL.—The Administrator of the Federal 

8 Aviation Administration shall implement, to the maximum 

9 extent practicable, sustainable practices for the incorpora10 tion of energy-efficient design, equipment, systems, and 

11 other measures in the construction and major renovation 

12 of air traffic control facilities of the Administration in 

13 order to reduce energy consumption and improve the envi14 ronmental performance of such facilities. 

15 (b) AUTHORIZATION.—Of amounts appropriated 

16 under section 48101(a) of title 49, United States Code, 

17 such sums as may be necessary may be used to carry out 

18 this section. 

19 SEC. 510. REGULATORY RESPONSIBILITY FOR AIRCRAFT 

20 ENGINE NOISE AND EMISSIONS STANDARDS. 

21 (a) INDEPENDENT REVIEW.—The Administrator of 

22 the FAA shall make appropriate arrangements for the Na23 tional Academy of Public Administration or another quali24 fied independent entity to review, in consultation with the 

25 FAA and the EPA, whether it is desirable to locate the 


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1 regulatory responsibility for the establishment of engine 

2 noise and emissions standards for civil aircraft within one 

3 of the agencies. 

4 (b) CONSIDERATIONS.—The review shall be con5 ducted so as to take into account— 

6 (1) the interrelationships between aircraft en7 gine noise and emissions; 

8 (2) the need for aircraft engine noise and emis9 sions to be evaluated and addressed in an integrated 

10 and comprehensive manner; 

11 (3) the scientific expertise of the FAA and the 

12 EPA to evaluate aircraft engine emissions and noise 

13 impacts on the environment; 

14 (4) expertise to interface environmental per15 formance with ensuring the highest safe and reliable 

16 engine performance of aircraft in flight; 

17 (5) consistency of the regulatory responsibility 

18 with other missions of the FAA and the EPA; 

19 (6) past effectiveness of the FAA and the EPA 

20 in carrying out the aviation environmental respon21 sibilities assigned to the agency; and 

22 (7) the international responsibility to represent 

23 the United States with respect to both engine noise 

24 and emissions standards for civil aircraft. 


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1 (c) REPORT TO CONGRESS.—Not later than 6 

2 months after the date of enactment of this Act, the Ad3 ministrator of the FAA shall submit to Congress a report 

4 on the results of the review. The report shall include any 

5 recommendations developed as a result of the review and, 

6 if a transfer of responsibilities is recommended, a descrip7 tion of the steps and timeline for implementation of the 

8 transfer. 

9 (d) DEFINITIONS.—In this section, the following defi10 nitions apply: 

11 (1) EPA.—The term ‘‘EPA’’ means the Envi12 ronmental Protection Agency. 

13 (2) FAA.—The term ‘‘FAA’’ means the Fed14 eral Aviation Administration. 

15 SEC. 511. CONTINUATION OF AIR QUALITY SAMPLING. 

16 The Administrator of the Federal Aviation Adminis17 tration shall complete the air quality studies and analysis 

18 started pursuant to section 815 of the Vision 100—Cen19 tury of Aviation Reauthorization Act (49 U.S.C. 40101 

20 note; 117 Stat. 2592), including the collection of samples 

21 of the air onboard passenger aircraft by flight attendants 

22 and the testing and analyzation of such samples for con23 taminants. 

24 SEC. 512. SENSE OF CONGRESS. 

25 It is the sense of Congress that— 


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1 (1) the proposed European Union directive ex2 tending the European Union’s emissions trading 

3 proposal to international civil aviation without work4 ing through the International Civil Aviation Organi5 zation (in this section referred to as the ‘‘ICAO’’) in 

6 a consensus-based fashion is inconsistent with the 

7 Convention on International Civil Aviation, done at 

8 Chicago on December 7, 1944 (TIAS 1591; com9 monly known as ‘‘Chicago Convention’’), and other 

10 relevant air services agreements and antithetical to 

11 building international cooperation to address effec12 tively the problem of greenhouse gas emissions by 

13 aircraft engaged in international civil aviation; and 

14 (2) the European Union and its member states 

15 should instead work with other contracting states of 

16 the ICAO to develop a consensual approach to ad17 dressing aircraft greenhouse gas emissions through 

18 the ICAO. 

19 SEC. 513. AIRPORT NOISE COMPATIBILITY PLANNING 

20 STUDY, PORT AUTHORITY OF NEW YORK AND 

21 NEW JERSEY. 

22 It is the sense of the House of Representatives that 

23 the Port Authority of New York and New Jersey should 

24 undertake an airport noise compatibility planning study 

25 under part 150 of title 14, Code of Federal Regulations, 


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1 for the airports that the Port Authority operates as of No2 vember 2, 2009. In undertaking the study, the Port Au3 thority should pay particular attention to the impact of 

4 noise on affected neighborhoods, including homes, busi5 nesses, and places of worship surrounding LaGuardia Air6 port and JFK Airport. 

7 TITLE VI—FAA EMPLOYEES AND 

8 ORGANIZATION 

9 SEC. 601. FEDERAL AVIATION ADMINISTRATION PER10 SONNEL MANAGEMENT SYSTEM. 

11 (a) DISPUTE RESOLUTION.—Section 40122(a) is 

12 amended— 

13 (1) by redesignating paragraphs (3) and (4) as 

14 paragraphs (5) and (6), respectively; and 

15 (2) by striking paragraph (2) and inserting the 

16 following: 

17 ‘‘(2) DISPUTE RESOLUTION.— 

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

19 does not reach an agreement under paragraph 

20 (1) or the provisions referred to in subsection 

21 (g)(2)(C) with the exclusive bargaining rep22 resentative of the employees, the Administrator 

23 and the bargaining representative— 

24 ‘‘(i) shall use the services of the Fed25 eral Mediation and Conciliation Service to 


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1 attempt to reach such agreement in ac2 cordance with part 1425 of title 29, Code 

3 of Federal Regulations (as in effect on the 

4 date of enactment of the FAA Reauthor5 ization Act of 2009); or 

6 ‘‘(ii) may by mutual agreement adopt 

7 alternative procedures for the resolution of 

8 disputes or impasses arising in the negotia9 tion of the collective-bargaining agreement. 

10 ‘‘(B) BINDING ARBITRATION.— 

11 ‘‘(i) ASSISTANCE FROM FEDERAL

12 SERVICE IMPASSES PANEL.—If the services 

13 of the Federal Mediation and Conciliation 

14 Service under subparagraph (A)(i) do not 

15 lead to an agreement, the Administrator 

16 and the exclusive bargaining representative 

17 of the employees (in this subparagraph re18 ferred to as the ‘parties’) shall submit 

19 their issues in controversy to the Federal 

20 Service Impasses Panel. The Panel shall 

21 assist the parties in resolving the impasse 

22 by asserting jurisdiction and ordering bind23 ing arbitration by a private arbitration 

24 board consisting of 3 members. 


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1 ‘‘(ii) APPOINTMENT OF ARBITRATION

2 BOARD.—The Executive Director of the 

3 Panel shall provide for the appointment of 

4 the 3 members of a private arbitration 

5 board under clause (i) by requesting the 

6 Director of the Federal Mediation and 

7 Conciliation Service to prepare a list of not 

8 less than 15 names of arbitrators with 

9 Federal sector experience and by providing 

10 the list to the parties. Within 10 days of 

11 receiving the list, the parties shall each se12 lect one person from the list. The 2 arbi13 trators selected by the parties shall then 

14 select a third person from the list within 7 

15 days. If either of the parties fails to select 

16 a person or if the 2 arbitrators are unable 

17 to agree on the third person within 7 days, 

18 the parties shall make the selection by al19 ternately striking names on the list until 

20 one arbitrator remains. 

21 ‘‘(iii) FRAMING ISSUES IN CON22 TROVERSY.—If the parties do not agree on 

23 the framing of the issues to be submitted 

24 for arbitration, the arbitration board shall 

25 frame the issues. 


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1 ‘‘(iv) HEARINGS.—The arbitration 

2 board shall give the parties a full and fair 

3 hearing, including an opportunity to 

4 present evidence in support of their claims 

5 and an opportunity to present their case in 

6 person, by counsel, or by other representa7 tive as they may elect. 

8 ‘‘(v) DECISIONS.—The arbitration 

9 board shall render its decision within 90 

10 days after the date of its appointment. De11 cisions of the arbitration board shall be 

12 conclusive and binding upon the parties. 

13 ‘‘(vi) COSTS.—The parties shall share 

14 costs of the arbitration equally. 

15 ‘‘(3) RATIFICATION OF AGREEMENTS.—Upon 

16 reaching a voluntary agreement or at the conclusion 

17 of the binding arbitration under paragraph (2)(B), 

18 the final agreement, except for those matters de19 cided by an arbitration board, shall be subject to 

20 ratification by the exclusive bargaining representa21 tive of the employees, if so requested by the bar22 gaining representative, and approval by the head of 

23 the agency in accordance with the provisions re24 ferred to in subsection (g)(2)(C). 

25 ‘‘(4) ENFORCEMENT.— 


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1 ‘‘(A) ENFORCEMENT ACTIONS IN UNITED

2 STATES COURTS.—Each United States district 

3 court and each United States court of a place 

4 subject to the jurisdiction of the United States 

5 shall have jurisdiction of enforcement actions 

6 brought under this section. Such an action may 

7 be brought in any judicial district in the State 

8 in which the violation of this section is alleged 

9 to have been committed, the judicial district in 

10 which the Federal Aviation Administration has 

11 its principal office, or the District of Columbia. 

12 ‘‘(B) ATTORNEY FEES.—The court may 

13 assess against the Federal Aviation Administra14 tion reasonable attorney fees and other litiga15 tion costs reasonably incurred in any case 

16 under this section in which the complainant has 

17 substantially prevailed.’’. 

18 (b) APPLICATION.—On and after the date of enact19 ment of this Act, any changes implemented by the Admin20 istrator of the Federal Aviation Administration on and 

21 after July 10, 2005, under section 40122(a) of title 49, 

22 United States Code (as in effect on the day before such 

23 date of enactment), without the agreement of the exclusive 

24 bargaining representative of the employees of the Adminis25 tration certified under section 7111 of title 5, United 


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1 States Code, shall be null and void and the parties shall 

2 be governed by their last mutual agreement before the im3 plementation of such changes. The Administrator and the 

4 bargaining representative shall resume negotiations 

5 promptly, and, subject to subsection (c), their last mutual 

6 agreement shall be in effect until a new contract is adopt7 ed by the Administrator and the bargaining representa8 tive. If an agreement is not reached within 45 days after 

9 the date on which negotiations resume, the Administrator 

10 and the bargaining representative shall submit their issues 

11 in controversy to the Federal Service Impasses Panel in 

12 accordance with section 7119 of title 5, United States 

13 Code, for binding arbitration in accordance with para14 graphs (2)(B), (3), and (4) of section 40122(a) of title 

15 49, United States Code (as amended by subsection (a) of 

16 this section). 

17 (c) SAVINGS CLAUSE.—All cost of living adjustments 

18 and other pay increases, lump sum payments to employ19 ees, and leave and other benefit accruals implemented as 

20 part of the changes referred to in subsection (b) may not 

21 be reversed unless such reversal is part of the calculation 

22 of back pay under subsection (d). The Administrator shall 

23 waive any overpayment paid to, and not collect any funds 

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1 ministration who received lump sum payments prior to 

2 their separation from the Administration. 

3 (d) BACK PAY.— 

4 (1) IN GENERAL.—Employees subject to 

5 changes referred to in subsection (b) that are deter6 mined to be null and void under subsection (b) shall 

7 be eligible for pay that the employees would have re8 ceived under the last mutual agreement between the 

9 Administrator and the exclusive bargaining rep10 resentative of such employees before the date of en11 actment of this Act and any changes were imple12 mented without agreement of the bargaining rep13 resentative. The Administrator shall pay the employ14 ees such pay subject to the availability of amounts 

15 appropriated to carry out this subsection. If the ap16 propriated funds do not cover all claims of the em17 ployees for such pay, the Administrator and the bar18 gaining representative, pursuant to negotiations con19 ducted in accordance with section 40122(a) of title 

20 49, United States Code (as amended by subsection 

21 (a) of this section), shall determine the allocation of 

22 the appropriated funds among the employees on a 

23 pro rata basis. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated $20,000,000 

3 to carry out this subsection. 

4 (e) INTERIM AGREEMENT.—If the Administrator and 

5 the exclusive bargaining representative of the employees 

6 subject to the changes referred to in subsection (b) reach 

7 a final and binding agreement with respect to such 

8 changes before the date of enactment of this Act, such 

9 agreement shall supersede any changes implemented by 

10 the Administrator under section 40122(a) of title 49, 

11 United States Code (as in effect on the day before such 

12 date of enactment), without the agreement of the bar13 gaining representative, and subsections (b) and (c) shall 

14 not take effect. 

15 SEC. 602. MSPB REMEDIAL AUTHORITY FOR FAA EMPLOY16 EES. 

17 Section 40122(g)(3) of title 49, United States Code, 

18 is amended by adding at the end the following: ‘‘Notwith19 standing any other provision of law, retroactive to April 

20 1, 1996, the Board shall have the same remedial authority 

21 over such employee appeals that it had as of March 31, 

22 1996.’’. 

23 SEC. 603. FAA TECHNICAL TRAINING AND STAFFING. 

24 (a) STUDY.— 


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1 (1) IN GENERAL.—The Comptroller General 

2 shall conduct a study on the training of the airway 

3 transportation systems specialists of the Federal 

4 Aviation Administration (in this section referred to 

5 as ‘‘FAA systems specialists’’). 

6 (2) CONTENTS.—The study shall— 

7 (A) include an analysis of the type of 

8 training provided to FAA systems specialists; 

9 (B) include an analysis of the type of 

10 training that FAA systems specialists need to 

11 be proficient on the maintenance of latest tech12 nologies; 

13 (C) include a description of actions that 

14 the Administration has undertaken to ensure 

15 that FAA systems specialists receive up-to-date 

16 training on the latest technologies; 

17 (D) identify the amount and cost of FAA 

18 systems specialists training provided by ven19 dors; 

20 (E) identify the amount and cost of FAA 

21 systems specialists training provided by the Ad22 ministration after developing courses for the 

23 training of such specialists; 


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1 (F) identify the amount and cost of travel 

2 that is required of FAA systems specialists in 

3 receiving training; and 

4 (G) include a recommendation regarding 

5 the most cost-effective approach to providing 

6 FAA systems specialists training. 

7 (3) REPORT.—Not later than 1 year after the 

8 date of enactment of this Act, the Comptroller Gen9 eral shall submit to the Committee on Transpor10 tation and Infrastructure of the House of Represent11 atives and the Committee on Commerce, Science, 

12 and Transportation of the Senate a report on the re13 sults of the study. 

14 (b) WORKLOAD OF SYSTEMS SPECIALISTS.— 

15 (1) STUDY BY NATIONAL ACADEMY OF

16 SCIENCES.—Not later than 90 days after the date of 

17 enactment of this Act, the Administrator of the Fed18 eral Aviation Administration shall make appropriate 

19 arrangements for the National Academy of Sciences 

20 to conduct a study of the assumptions and methods 

21 used by the Federal Aviation Administration to esti22 mate staffing needs for FAA systems specialists to 

23 ensure proper maintenance and certification of the 

24 national airspace system. 


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1 (2) CONTENTS.—The study shall be conducted 

2 so as to provide the following: 

3 (A) A suggested method of modifying FAA 

4 systems specialists staffing models for applica5 tion to current local conditions or applying 

6 some other approach to developing an objective 

7 staffing standard. 

8 (B) The approximate cost and length of 

9 time for developing such models. 

10 (3) REPORT.—Not later than one year after the 

11 initiation of the arrangements under subsection (a), 

12 the National Academy of Sciences shall submit to 

13 Congress a report on the results of the study. 

14 SEC. 604. DESIGNEE PROGRAM. 

15 (a) REPORT.—Not later than 18 months after the 

16 date of enactment of this Act, the Comptroller General 

17 shall submit to the Committee on Transportation and In18 frastructure of the House of Representatives and the Com19 mittee on Commerce, Science, and Transportation of the 

20 Senate a report on the status of recommendations made 

21 by the Government Accountability Office in its October 

22 2004 report, ‘‘Aviation Safety: FAA Needs to Strengthen 

23 Management of Its Designee Programs’’ (GAO–05–40). 

24 (b) CONTENTS.—The report shall include— 


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1 (1) an assessment of the extent to which the 

2 Federal Aviation Administration has responded to 

3 recommendations of the Government Accountability 

4 Office referred to in subsection (a); 

5 (2) an identification of improvements, if any, 

6 that have been made to the designee programs re7 ferred to in the report of the Office as a result of 

8 such recommendations; and 

9 (3) an identification of further action that is 

10 needed to implement such recommendations, im11 prove the Administration’s management control of 

12 the designee programs, and increase assurance that 

13 designees meet the Administration’s performance 

14 standards. 

15 SEC. 605. STAFFING MODEL FOR AVIATION SAFETY INSPEC16 TORS. 

17 (a) IN GENERAL.—Not later than October 31, 2009, 

18 the Administrator of the Federal Aviation Administration 

19 shall develop a staffing model for aviation safety inspec20 tors. In developing the model, the Administrator shall fol21 low the recommendations outlined in the 2007 study re22 leased by the National Academy of Sciences entitled 

23 ‘‘Staffing Standards for Aviation Safety Inspectors’’ and 

24 consult with interested persons, including the exclusive 


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1 collective bargaining representative of the aviation safety 

2 inspectors. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary to carry out this section. 

6 SEC. 606. SAFETY CRITICAL STAFFING. 

7 (a) AVIATION SAFETY INSPECTORS.—The Adminis8 trator of the Federal Aviation Administration shall in9 crease the number of aviation safety inspectors, safety 

10 technical specialists, and operations support positions in 

11 the Flight Standard Service (as those terms are used in 

12 the Administration’s fiscal year 2009 congressional budget 

13 justification) each fiscal year commensurate with the 

14 funding levels provided in subsection (b) for such fiscal 

15 year. Such increases shall be measured relative to the 

16 number of persons serving in positions of aviation safety 

17 inspectors and safety technical specialists and in oper18 ational support positions as of September 30, 2008. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi20 tion to amounts authorized by section 106(k) of title 49, 

21 United States Code, there is authorized to be appropriated 

22 to carry out subsection (a)— 

23 (1) ø$¿ for fiscal year 2009; 

24 (2) ø$¿ for fiscal year 2010; 

25 (3) ø$¿ for fiscal year 2011; and 


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1 (4) ø$¿ for fiscal year 2012. 

2 Such sums shall remain available until expended. 

3 (c) IMPLEMENTATION OF STAFFING STANDARDS.— 

4 Notwithstanding any other provision of this section, upon 

5 completion of the flight standards service staffing model 

6 under section 605 of this Act, and validation of the model 

7 by the Administrator, there are authorized to be appro8 priated such sums as may be necessary to support the 

9 number of aviation safety inspectors, safety technical spe10 cialists, and operation support positions that such model 

11 determines are required to meet the responsibilities of the 

12 Flight Standards Service. 

13 SEC. 607. FAA AIR TRAFFIC CONTROLLER STAFFING. 

14 (a) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 

15 Not later than 90 days after the date of enactment of this 

16 Act, the Administrator of the Federal Aviation Adminis17 tration shall enter into appropriate arrangements with the 

18 National Academy of Sciences to conduct a study of the 

19 assumptions and methods used by the Federal Aviation 

20 Administration (in this section referred to as the ‘‘FAA’’) 

21 to estimate staffing needs for FAA air traffic controllers 

22 to ensure the safe operation of the national airspace sys23 tem. 

24 (b) CONSULTATION.—In conducting the study, the 

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1 sive bargaining representative of employees of the FAA 

2 certified under section 7111 of title 5, United States Code, 

3 the Administrator of the Federal Aviation Administration, 

4 and representatives of the Civil Aeronautical Medical In5 stitute. 

6 (c) CONTENTS.—The study shall include an examina7 tion of representative information on human factors, traf8 fic activity, and the technology and equipment used in air 

9 traffic control. 

10 (d) RECOMMENDATIONS AND ESTIMATES.—In con11 ducting the study, the National Academy of Sciences shall 

12 develop— 

13 (1) recommendations for the development by 

14 the FAA of objective staffing standards to maintain 

15 the safety and efficiency of the national airspace sys16 tem with current and future projected air traffic lev17 els; and 

18 (2) estimates of cost and schedule for the devel19 opment of such standards by the FAA or its con20 tractors. 

21 (e) REPORT.—Not later than 18 months after the 

22 date of enactment of this Act, the National Academy of 

23 Sciences shall submit to the Committee on Transportation 

24 and Infrastructure of the House of Representatives and 


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1 the Committee on Commerce, Science, and Transportation 

2 of the Senate a report on the results of the study. 

3 SEC. 608. ASSESSMENT OF TRAINING PROGRAMS FOR AIR 

4 TRAFFIC CONTROLLERS. 

5 (a) STUDY.—The Administrator of the Federal Avia6 tion Administration shall conduct a study to assess the 

7 adequacy of training programs for air traffic controllers. 

8 (b) CONTENTS.—The study shall include— 

9 (1) a review of the current training system for 

10 air traffic controllers; 

11 (2) an analysis of the competencies required of 

12 air traffic controllers for successful performance in 

13 the current air traffic control environment; 

14 (3) an analysis of competencies required of air 

15 traffic controllers as the Federal Aviation Adminis16 tration transitions to the Next Generation Air 

17 Transportation System; and 

18 (4) an analysis of various training approaches 

19 available to satisfy the controller competencies iden20 tified under paragraphs (2) and (3). 

21 (c) REPORT.—Not later than 180 days after the date 

22 of enactment of this Act, the Administrator shall submit 

23 to the Committee on Transportation and Infrastructure 

24 of the House of Representatives and the Committee on 


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1 Commerce, Science, and Transportation of the Senate a 

2 report on the results of the study. 

3 SEC. 609. COLLEGIATE TRAINING INITIATIVE STUDY. 

4 (a) STUDY.—The Administrator of the Federal Avia5 tion Administration shall conduct a study on training op6 tions for graduates of the Collegiate Training Initiative 

7 program conducted under section 44506(c) of title 49 

8 United States Code. The study shall analyze the impact 

9 of providing as an alternative to the current training pro10 vided at the Mike Monroney Aeronautical Center of the 

11 Administration a new controller orientation session for 

12 graduates of such programs at the Mike Monroney Aero13 nautical Center followed by on-the-job training for newly 

14 hired air traffic controllers who are graduates of such pro15 gram and shall include— 

16 (1) the cost effectiveness of such an alternative 

17 training approach; and 

18 (2) the effect that such an alternative training 

19 approach would have on the overall quality of train20 ing received by graduates of such programs. 

21 (b) REPORT.—Not later than 180 days after the date 

22 of enactment of this Act, the Administrator shall submit 

23 to the Committee on Transportation and Infrastructure 

24 of the House of Representatives and to the Committee on 


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1 Commerce, Science, and Transportation of the Senate a 

2 report on the results of the study. 

3 SEC. 610. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA4 CILITY CONDITIONS. 

5 (a) ESTABLISHMENT.—The Administrator of the 

6 Federal Aviation Administration shall establish a special 

7 task force to be known as the ‘‘FAA Task Force on Air 

8 Traffic Control Facility Conditions’’ (in this section re9 ferred to as the ‘‘Task Force’’). 

10 (b) MEMBERSHIP.— 

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

12 composed of 12 members of whom— 

13 (A) 8 members shall be appointed by the 

14 Administrator; and 

15 (B) 4 members shall be appointed by labor 

16 unions representing employees who work at 

17 field facilities of the Administration. 

18 (2) QUALIFICATIONS.—Of the members ap19 pointed by the Administrator under paragraph 

20 (1)(A)— 

21 (A) 4 members shall be specialists on toxic 

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

23 other hazardous building conditions that can 

24 lead to employee health concerns and shall be 

25 appointed by the Administrator in consultation 


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1 with the Director of the National Institute for 

2 Occupational Safety and Health; and 

3 (B) 2 members shall be specialists on the 

4 rehabilitation of aging buildings. 

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

6 the life of the Task Force. 

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

8 shall be filled in the manner in which the original 

9 appointment was made. 

10 (5) TRAVEL EXPENSES.—Members shall serve 

11 without pay but shall receive travel expenses, includ12 ing per diem in lieu of subsistence, in accordance 

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

14 States Code. 

15 (c) CHAIRPERSON.—The Administrator shall des16 ignate, from among the individuals appointed under sub17 section (b)(1), an individual to serve as chairperson of the 

18 Task Force. 

19 (d) TASK FORCE PERSONNEL MATTERS.— 

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

21 fix the pay of such personnel as it considers appro22 priate. 

23 (2) STAFF OF FEDERAL AGENCIES.—Upon re24 quest of the Chairperson of the Task Force, the 

25 head of any department or agency of the United 


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

2 the personnel of that department or agency to the 

3 Task Force to assist it in carrying out its duties 

4 under this section. 

5 (3) OTHER STAFF AND SUPPORT.—Upon re6 quest of the Task Force or a panel of the Task 

7 Force, the Administrator shall provide the Task 

8 Force or panel with professional and administrative 

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

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

11 under this section. 

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

13 may secure directly from any department or agency of the 

14 United States information (other than information re15 quired by any statute of the United States to be kept con16 fidential by such department or agency) necessary for the 

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

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

19 head of that department or agency shall furnish such in20 formation to the Task Force. 

21 (f) DUTIES.— 

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

23 study of— 


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1 (A) the conditions of all air traffic control 

2 facilities across the Nation, including towers, 

3 centers, and terminal radar air control; 

4 (B) reports from employees of the Admin5 istration relating to respiratory ailments and 

6 other health conditions resulting from exposure 

7 to mold, asbestos, poor air quality, radiation 

8 and facility-related hazards in facilities of the 

9 Administration; 

10 (C) conditions of such facilities that could 

11 interfere with such employees’ ability to effec12 tively and safely perform their duties; 

13 (D) the ability of managers and super14 visors of such employees to promptly document 

15 and seek remediation for unsafe facility condi16 tions; 

17 (E) whether employees of the Administra18 tion who report facility-related illnesses are 

19 treated fairly; 

20 (F) utilization of scientifically approved re21 mediation techniques in a timely fashion once 

22 hazardous conditions are identified in a facility 

23 of the Administration; and 

24 (G) resources allocated to facility mainte25 nance and renovation by the Administration. 


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1 (2) FACILITY CONDITION INDICIES (FCI).—The 

2 Task Force shall review the facility condition 

3 indicies of the Administration (in this section re4 ferred to as the ‘‘FCI’’) for inclusion in the rec5 ommendations under subsection (g). 

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

7 the study and review of the FCI under subsection (f), the 

8 Task Force shall make recommendations as it considers 

9 necessary to— 

10 (1) prioritize those facilities needing the most 

11 immediate attention in order of the greatest risk to 

12 employee health and safety; 

13 (2) ensure that the Administration is using sci14 entifically approved remediation techniques in all fa15 cilities; and 

16 (3) assist the Administration in making pro17 grammatic changes so that aging air traffic control 

18 facilities do not deteriorate to unsafe levels. 

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

20 on which initial appointments of members to the Task 

21 Force are completed, the Task Force shall submit to the 

22 Administrator, the Committee on Transportation and In23 frastructure of the House of Representatives, and the 

24 Committee on Commerce, Science, and Transportation of 

25 the Senate a report on the activities of the Task Force, 


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1 including the recommendations of the Task Force under 

2 subsection (g). 

3 (i) IMPLEMENTATION.—Within 30 days of the receipt 

4 of the Task Force report under subsection (h), the Admin5 istrator shall submit to the Committee on Transportation 

6 and Infrastructure of the House of Representatives and 

7 the Committee on Commerce, Science, and Transportation 

8 of the Senate a report that includes a plan and timeline 

9 to implement the recommendations of the Task Force and 

10 to align future budgets and priorities of the Administra11 tion accordingly. 

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

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

14 on which the report under subsection (h) was submitted. 

15 (k) APPLICABILITY OF THE FEDERAL ADVISORY

16 COMMITTEE ACT.—The Federal Advisory Committee Act 

17 (5 U.S.C. App.) shall not apply to the Task Force. 

18 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary of 

20 Transportation $250,000 to carry out this section. 

21 TITLE VII—AVIATION 

22 INSURANCE 

23 SEC. 701. GENERAL AUTHORITY. 

24 (a) EXTENSION OF POLICIES.—Section 44302(f)(1) 

25 is amended— 


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1 (1) by striking ‘‘March 31, 2009’’ and inserting 

2 ‘‘September 30, 2012’’; and 

3 (2) by striking ‘‘May 31, 2009’’ and inserting 

4 ‘‘December 31, 2019’’. 

5 (b) SUCCESSOR PROGRAM.—Section 44302(f) is 

6 amended by adding at the end the following: 

7 ‘‘(3) SUCCESSOR PROGRAM.— 

8 ‘‘(A) IN GENERAL.—After December 31, 

9 2019, coverage for the risks specified in a policy 

10 that has been extended under paragraph (1) 

11 shall be provided in an airline industry spon12 sored risk retention or other risk-sharing ar13 rangement approved by the Secretary. 

14 ‘‘(B) TRANSFER OF PREMIUMS.— 

15 ‘‘(i) IN GENERAL.—On December 31, 

16 2019, and except as provided in clause (ii), 

17 premiums that are collected by the Sec18 retary from the airline industry after Sep19 tember 22, 2001, for any policy under this 

20 subsection, and interest earned thereon, as 

21 determined by the Secretary, shall be 

22 transferred to an airline industry spon23 sored risk retention or other risk-sharing 

24 arrangement approved by the Secretary. 


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1 ‘‘(ii) DETERMINATION OF AMOUNT

2 TRANSFERRED.—The amount transferred 

3 pursuant to clause (i) shall be less— 

4 ‘‘(I) the amount of any claims 

5 paid out on such policies from Sep6 tember 22, 2001, through December 

7 31, 2019; 

8 ‘‘(II) the amount of any claims 

9 pending under such policies as of De10 cember 31, 2019; and 

11 ‘‘(III) the cost, as determined by 

12 the Secretary, of administering the 

13 provision of insurance policies under 

14 this chapter from September 22, 

15 2001, through December 31, 2019.’’. 

16 SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD 

17 PARTY LIABILITY OF AIR CARRIERS ARISING 

18 OUT OF ACTS OF TERRORISM. 

19 Section 44303(b) is amended by striking ‘‘May 31, 

20 2009’’ and inserting ‘‘December 31, 2012’’. 

21 SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY. 

22 Section 44304 is amended in the second sentence by 

23 striking ‘‘the carrier’’ and inserting ‘‘any insurance car24 rier’’. 


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1 SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS. 

2 Section 44308(c)(1) is amended in the second sen3 tence by striking ‘‘agent’’ and inserting ‘‘agent, or a 

4 claims adjuster who is independent of the underwriting 

5 agent,’’. 

6 SEC. 705. EXTENSION OF PROGRAM AUTHORITY. 

7 Section 44310 is amended by striking ‘‘December 31, 

8 2013’’ and inserting ‘‘December 31, 2019’’. 

9 TITLE VIII—MISCELLANEOUS 

10 SEC. 801. AIR CARRIER CITIZENSHIP. 

11 Section 40102(a)(15) is amended by adding at the 

12 end the following: 

13 ‘‘For purposes of subparagraph (C), an air carrier 

14 shall not be deemed to be under the actual control 

15 of citizens of the United States unless citizens of the 

16 United States control all matters pertaining to the 

17 business and structure of the air carrier, including 

18 operational matters such as marketing, branding, 

19 fleet composition, route selection, pricing, and labor 

20 relations.’’. 

21 SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN 

22 INTEREST OF NATIONAL SECURITY. 

23 Section 40119(b) is amended by adding at the end 

24 the following: 

25 ‘‘(3) LIMITATION ON APPLICABILITY OF FREE26 DOM OF INFORMATION ACT.—Section 552a of title 5, 


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1 United States Code, shall not apply to disclosures 

2 that the Administrator of the Federal Aviation Ad3 ministration may make from the systems of records 

4 of the Administration to any Federal law enforce5 ment, intelligence, protective service, immigration, or 

6 national security official in order to assist the offi7 cial receiving the information in the performance of 

8 official duties.’’. 

9 SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS 

10 AND DATABASE SYSTEMS. 

11 (a) IN GENERAL.—Chapter 401 is amended by add12 ing at the end the following: 

13 ‘‘§ 40130. FAA access to criminal history records or 

14 databases systems 

15 ‘‘(a) ACCESS TO RECORDS OR DATABASES SYS16 TEMS.— 

17 ‘‘(1) ACCESS TO INFORMATION.—Notwith18 standing section 534 of title 28, and regulations 

19 issued to implement such section, the Administrator 

20 of the Federal Aviation Administration may access a 

21 system of documented criminal justice information 

22 maintained by the Department of Justice or by a 

23 State but may do so only for the purpose of carrying 

24 out civil and administrative responsibilities of the 

25 Administration to protect the safety and security of 


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1 the national airspace system or to support the mis2 sions of the Department of Justice, the Department 

3 of Homeland Security, and other law enforcement 

4 agencies. 

5 ‘‘(2) RELEASE OF INFORMATION.—In accessing 

6 a system referred to in paragraph (1), the Adminis7 trator shall be subject to the same conditions and 

8 procedures established by the Department of Justice 

9 or the State for other governmental agencies with 

10 access to the system. 

11 ‘‘(3) LIMITATION.—The Administrator may not 

12 use the access authorized under paragraph (1) to 

13 conduct criminal investigations. 

14 ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 

15 shall designate, by order, employees of the Administration 

16 who shall carry out the authority described in subsection 

17 (a). The designated employees may— 

18 ‘‘(1) have access to and receive criminal history, 

19 driver, vehicle, and other law enforcement informa20 tion contained in the law enforcement databases of 

21 the Department of Justice, or any jurisdiction of a 

22 State, in the same manner as a police officer em23 ployed by a State or local authority of that State 

24 who is certified or commissioned under the laws of 

25 that State; 


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1 ‘‘(2) use any radio, data link, or warning sys2 tem of the Federal Government, and of any jurisdic3 tion in a State, that provides information about 

4 wanted persons, be-on-the-lookout notices, warrant 

5 status, or other officer safety information to which 

6 a police officer employed by a State or local author7 ity in that State who is certified or commission 

8 under the laws of that State has access and in the 

9 same manner as 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

17 INFORMATION DEFINED.—In this section, the term ‘sys18 tem of documented criminal justice information’ means 

19 any law enforcement database, system, or communication 

20 containing information concerning identification, criminal 

21 history, arrests, convictions, arrest warrants, wanted or 

22 missing persons, including the National Crime Informa23 tion Center and its incorporated criminal history data24 bases and the National Law Enforcement Telecommuni25 cations System.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 401 is amended by adding at the end the following: 

‘‘40130. FAA access to criminal history records or databases systems.’’. 

3 SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 

4 (a) IN GENERAL.—Section 47129 is amended— 

5 (1) in the section heading by striking ‘‘air 

6 carrier’’ and inserting ‘‘carrier’’; 

7 (2) in subsection (a) by striking ‘‘(as defined in 

8 section 40102 of this title)’’ and inserting ‘‘(as such 

9 terms are defined in section 40102)’’; 

10 (3) in the heading for subsection (d) by striking 

11 ‘‘AIR CARRIER’’ and inserting ‘‘AIR CARRIER AND

12 FOREIGN AIR CARRIER’’; 

13 (4) in the heading for paragraph (2) of sub14 section (d) by striking ‘‘AIR CARRIER’’ and inserting 

15 ‘‘AIR CARRIER AND FOREIGN AIR CARRIER’’; 

16 (5) by striking ‘‘air carriers’’ each place it ap17 pears and inserting ‘‘air carriers or foreign air car18 riers’’; 

19 (6) by striking ‘‘air carrier’’ each place it ap20 pears and inserting ‘‘air carrier or foreign air car21 rier’’; and 

22 (7) by striking ‘‘air carrier’s’’ each place it ap23 pears and inserting ‘‘air carrier’s or foreign air car24 rier’s’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 471 is amended by striking the item relating to section 

3 47129 and inserting the following: 

‘‘47129. Resolution of airport-carrier disputes concerning airport fees.’’. 

4 SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIR5 PORT SYSTEMS. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of enactment of this Act, the Secretary of Transpor8 tation shall initiate a study to evaluate the formulation 

9 of the National Plan of Integrated Airport Systems (in 

10 this section referred to as the ‘‘plan’’) under section 47103 

11 of title 49, United States Code. 

12 (b) CONTENTS OF STUDY.—The study shall include 

13 a review of the following: 

14 (1) The criteria used for including airports in 

15 the plan and the application of such criteria in the 

16 most recently published version of the plan. 

17 (2) The changes in airport capital needs be18 tween fiscal years 2003 and 2008, as reported in the 

19 plan, as compared with the amounts apportioned or 

20 otherwise made available to individual airports over 

21 the same period of time. 

22 (3) A comparison of the amounts received by 

23 airports under the airport improvement program in 

24 airport apportionments, State apportionments, and 


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1 discretionary grants during such fiscal years with 

2 capital needs as reported in the plan. 

3 (4) The effect of transfers of airport apportion4 ments under title 49, United States Code. 

5 (5) Any other matters pertaining to the plan 

6 that the Secretary determines appropriate. 

7 (c) REPORT TO CONGRESS.— 

8 (1) SUBMISSION.—Not later than 36 months 

9 after the date of initiation of the study, the Sec10 retary shall submit to the Committee on Transpor11 tation and Infrastructure of the House of Represent12 atives and the Committee on Commerce, Science, 

13 and Transportation of the Senate a report on the re14 sults of the study. 

15 (2) CONTENTS.—The report shall include— 

16 (A) the findings of the Secretary on each 

17 of the subjects listed in subsection (b); 

18 (B) recommendations for any changes to 

19 policies and procedures for formulating the 

20 plan; and 

21 (C) recommendations for any changes to 

22 the methods of determining the amounts to be 

23 apportioned or otherwise made available to indi24 vidual airports. 


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1 SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION. 

2 (a) IN GENERAL.—Section 201 of the Railway Labor 

3 Act (45 U.S.C. 181) is amended— 

4 (1) by striking ‘‘All’’ and inserting ‘‘(a) IN

5 GENERAL.—All’’; 

6 (2) by inserting ‘‘and every express carrier’’ 

7 after ‘‘common carrier by air’’; and 

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

9 ‘‘(b) SPECIAL RULES FOR EXPRESS CARRIERS.— 

10 ‘‘(1) IN GENERAL.—An employee of an express 

11 carrier shall be covered by this Act only if that em12 ployee is in a position that is eligible for certification 

13 under part 61, 63, or 65 of title 14, Code of Federal 

14 Regulations, and only if that employee performs du15 ties for the express carrier that are eligible for such 

16 certification. All other employees of an express car17 rier shall be covered by the provisions of the Na18 tional Labor Relations Act (29 U.S.C. 151 et seq.). 

19 ‘‘(2) AIR CARRIER STATUS.—Any person that is 

20 an express carrier shall be governed by paragraph 

21 (1) notwithstanding any finding that the person is 

22 also a common carrier by air. 

23 ‘‘(3) EXPRESS CARRIER DEFINED.—In this sec24 tion, the term ‘express carrier’ means any person (or 

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1 ment of freight or packages through an integrated 

2 network of air and surface transportation.’’. 

3 (b) CONFORMING AMENDMENT.—Section 1 of such 

4 Act (45 U.S.C. 151) is amended in the first paragraph 

5 by striking ‘‘, any express company that would have been 

6 subject to subtitle IV of title 49, United States Code, as 

7 of December 31, 1995,’’. 

8 SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FA9 CILITIES. 

10 (a) ESTABLISHMENT OF WORKING GROUP.—Not 

11 later than 9 months after the date of enactment of this 

12 Act, the Secretary of Transportation shall establish within 

13 the Federal Aviation Administration (in this section re14 ferred to as the ‘‘FAA’’) a working group to develop cri15 teria and make recommendations for the realignment of 

16 services and facilities (including regional offices) of the 

17 FAA to assist in the transition to next generation facilities 

18 and to help reduce capital, operating, maintenance, and 

19 administrative costs in instances in which cost reductions 

20 can be implemented without adversely affecting safety. 

21 (b) MEMBERSHIP.—The working group shall be com22 posed of, at a minimum— 

23 (1) the Administrator of the FAA; 

24 (2) 2 representatives of air carriers; 


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1 (3) 2 representatives of the general aviation 

2 community; 

3 (4) 2 representatives of labor unions rep4 resenting employees who work at regional or field fa5 cilities of the FAA; and 

6 (5) 2 representatives of the airport community. 

7 (c) REPORT TO CONGRESS CONTAINING REC8 OMMENDATIONS OF THE WORKING GROUP.— 

9 (1) SUBMISSION.—Not later than 6 months 

10 after convening the working group, the Adminis11 trator shall submit to the Committee on Transpor12 tation and Infrastructure of the House of Represent13 atives and the Committee on Commerce, Science, 

14 and Transportation of the Senate a report con15 taining the criteria and recommendations developed 

16 by the working group under this section. 

17 (2) CONTENTS.—The report shall include a jus18 tification for each recommendation to consolidate or 

19 realign a service or facility (including a regional of20 fice) and a description of the costs and savings asso21 ciated with the consolidation or realignment. 

22 (d) PUBLIC NOTICE AND COMMENT.—The Adminis23 trator shall publish the report submitted under subsection 

24 (c) in the Federal Register and allow 45 days for the sub25 mission of public comments. In addition, the AdminisVerDate Nov 24 2008 00:55 Feb 10, 2009 Jkt 079200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H915.IH H915

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1 trator upon request shall hold a public hearing in a com2 munity that would be affected by a recommendation in the 

3 report. 

4 (e) OBJECTIONS.—Any interested person may file 

5 with the Administrator a written objection to a rec6 ommendation of the working group. 

7 (f) REPORT TO CONGRESS CONTAINING REC8 OMMENDATIONS OF THE ADMINISTRATOR.—Not later 

9 than 60 days after the last day of the period for public 

10 comment under subsection (d), the Administrator shall 

11 submit to the committees referred to in subsection (c)(1) 

12 a report containing the recommendations of the Adminis13 trator on realignment of services and facilities (including 

14 regional offices) of the FAA and copies of any public com15 ments and objections received by the Administrator under 

16 this section. 

17 (g) LIMITATION ON IMPLEMENTATION OF REALIGN18 MENTS AND CONSOLIDATIONS.—The Administrator may 

19 not realign or consolidate any services or facilities (includ20 ing regional offices) of the FAA before the Administrator 

21 has submitted the report under subsection (f). 

22 (h) FAA DEFINED.—In this section, the term 

23 ‘‘FAA’’ means the Federal Aviation Administration. 


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1 SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT IN2 SURANCE FOR NATIONAL TRANSPORTATION 

3 SAFETY BOARD EMPLOYEES. 

4 Section 1113 is amended by adding at the end the 

5 following: 

6 ‘‘(i) ACCIDENTAL DEATH AND DISMEMBERMENT IN7 SURANCE.— 

8 ‘‘(1) AUTHORITY TO PROVIDE INSURANCE.— 

9 The Board may procure accidental death and dis10 memberment insurance for an employee of the 

11 Board who travels for an accident investigation or 

12 other activity of the Board outside the United States 

13 or inside the United States under hazardous cir14 cumstances, as defined by the Board. 

15 ‘‘(2) CREDITING OF INSURANCE BENEFITS TO

16 OFFSET UNITED STATES TORT LIABILITY.—Any 

17 amounts paid to a person under insurance coverage 

18 procured under this subsection shall be credited as 

19 offsetting any liability of the United States to pay 

20 damages to that person under section 1346(b) of 

21 title 28, chapter 171 of title 28, chapter 163 of title 

22 10, or any other provision of law authorizing recov23 ery based upon tort liability of the United States in 

24 connection with the injury or death resulting in the 

25 insurance payment. 


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1 ‘‘(3) TREATMENT OF INSURANCE BENEFITS.— 

2 Any amounts paid under insurance coverage pro3 cured under this subsection shall not— 

4 ‘‘(A) be considered additional pay or allow5 ances for purposes of section 5536 of title 5; or 

6 ‘‘(B) offset any benefits an employee may 

7 have as a result of government service, includ8 ing compensation under chapter 81 of title 5. 

9 ‘‘(4) ENTITLEMENT TO OTHER INSURANCE.— 

10 Nothing in this subsection shall be construed as af11 fecting the entitlement of an employee to insurance 

12 under section 8704(b) of title 5.’’. 

13 SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE IN14 DUSTRY IN INTERNATIONAL CHILD ABDUC15 TION CASES. 

16 (a) STUDY.—The Comptroller General shall conduct 

17 a study to help determine how the Federal Aviation Ad18 ministration (in this section referred to as the ‘‘FAA’’) 

19 could better ensure the collaboration and cooperation of 

20 air carriers and foreign air carriers providing air transpor21 tation and relevant Federal agencies to develop and en22 force child safety control for adults traveling internation23 ally with children. 

24 (b) CONTENTS.—In conducting the study, the Comp25 troller General shall examine— 


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1 (1) the nature and scope of exit policies and 

2 procedures of the FAA, air carriers, and foreign air 

3 carriers and how the enforcement of such policies 

4 and procedures is monitored, including ticketing and 

5 boarding procedures; 

6 (2) the extent to which air carriers and foreign 

7 air carriers cooperate in the investigations of inter8 national child abduction cases, including cooperation 

9 with the National Center for Missing and Exploited 

10 Children and relevant Federal, State, and local 

11 agencies; 

12 (3) any effective practices, procedures, or les13 sons learned from the assessment of current prac14 tices and procedures of air carriers, foreign air car15 riers, and operators of other transportation modes 

16 that could improve the ability of the aviation com17 munity to ensure the safety of children traveling 

18 internationally with adults and, as appropriate, en19 hance the capability of air carriers and foreign air 

20 carriers to cooperate in the investigations of inter21 national child abduction cases; and 

22 (4) any liability issues associated with providing 

23 assistance in such investigations. 


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1 (c) REPORT.—Not later than one year after the date 

2 of the enactment of this Act, the Comptroller General shall 

3 submit to Congress a report on the results of the study. 

4 SEC. 810. LOST NATION AIRPORT, OHIO. 

5 (a) APPROVAL OF SALE.—The Secretary of Trans6 portation may approve the sale of Lost Nation Airport 

7 from the city of Willoughby, Ohio, to Lake County, Ohio, 

8 if— 

9 (1) Lake County meets all applicable require10 ments for sponsorship of the airport; and 

11 (2) Lake County agrees to assume the obliga12 tions and assurances of the grant agreements relat13 ing to the airport executed by the city of Willoughby 

14 under chapter 471 of title 49, United States Code, 

15 and to operate and maintain the airport in accord16 ance with such obligations and assurances. 

17 (b) GRANTS.— 

18 (1) IN GENERAL.—The Secretary may make a 

19 grant, from funds made available under section 

20 48103 of title 49, United States Code, to Lake 

21 County to assist in Lake County’s purchase of the 

22 Lost Nation Airport under subsection (a). 

23 (2) FEDERAL SHARE.—The Federal share of 

24 the grant under this subsection shall be for 90 per25 cent of the cost of Lake County’s purchase of the 


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1 Lost Nation Airport, but in no event may the Fed2 eral share of the grant exceed $1,220,000. 

3 (3) APPROVAL.—The Secretary may make a 

4 grant under this subsection only if the Secretary re5 ceives such written assurances as the Secretary may 

6 require under section 47107 of title 49, United 

7 States Code, with respect to the grant and Lost Na8 tion Airport. 

9 (c) TREATMENT OF PROCEEDS FROM SALE.—The 

10 Secretary may grant to the city of Willoughby an exemp11 tion from the provisions of sections 47107 and 47133 of 

12 such title, any grant obligations of the city of Willoughby, 

13 and regulations and policies of the Federal Aviation Ad14 ministration to the extent necessary to allow the city of 

15 Willoughby to use the proceeds from the sale approved 

16 under subsection (a) for any purpose authorized by the 

17 city of Willoughby. 

18 SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA. 

19 (a) FINDINGS.—Congress finds that— 

20 (1) Pollock Municipal Airport located in Pol21 lock, Louisiana (in this section referred to as the 

22 ‘‘airport’’), has never been included in the National 

23 Plan of Integrated Airport Systems pursuant to sec24 tion 47103 of title 49, United States Code, and is 

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1 rent or future needs of the national aviation system; 

2 and 

3 (2) closing the airport will not adversely affect 

4 aviation safety, aviation capacity, or air commerce. 

5 (b) REQUEST FOR CLOSURE.— 

6 (1) APPROVAL.—Notwithstanding any other 

7 provision of law, requirement, or agreement and sub8 ject to the requirements of this section, the Adminis9 trator of the Federal Aviation Administration 

10 shall— 

11 (A) approve a request from the town of 

12 Pollock, Louisiana, to close the airport as a 

13 public airport; and 

14 (B) release the town from any term, condi15 tion, reservation, or restriction contained in a 

16 surplus property conveyance or transfer docu17 ment, and from any order or finding by the De18 partment of Transportation on the use and re19 payment of airport revenue applicable to the 

20 airport, that would otherwise prevent the clo21 sure of the airport and redevelopment of the fa22 cilities to nonaeronautical uses. 

23 (2) CONTINUED AIRPORT OPERATION PRIOR TO

24 APPROVAL.—The town of Pollock shall continue to 

25 operate and maintain the airport until the AdminisVerDate Nov 24 2008 00:55 Feb 10, 2009 Jkt 079200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H915.IH H915

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1 trator grants the town’s request for closure of the 

2 airport. 

3 (3) USE OF PROCEEDS FROM SALE OF AIR4 PORT.—Upon the approval of the request to close 

5 the airport, the town of Pollock shall obtain fair 

6 market value for the sale of the airport property and 

7 shall immediately upon receipt transfer all such pro8 ceeds from the sale of the airport property to the 

9 sponsor of a public airport designated by the Admin10 istrator to be used for the development or improve11 ment of such airport. 

12 (4) RELOCATION OF AIRCRAFT.—Before closure 

13 of the airport, the town of Pollock shall provide ade14 quate time for any airport-based aircraft to relocate. 

15 SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY 

16 PROGRAM. 

17 (a) IN GENERAL.—Not later than 6 months after the 

18 date of enactment of this Act, the Administrator of the 

19 Federal Aviation Administration shall develop a human 

20 intervention and motivation study program for flight crew21 members involved in air carrier operations in the United 

22 States under part 121 of title 14, Code of Federal Regula23 tions. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this section 


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1 such sums as may be necessary for each of fiscal years 

2 2009 through 2012. Such sums shall remain available 

3 until expended. 

4 SEC. 813. WASHINGTON, DC, AIR DEFENSE IDENTIFICATION 

5 ZONE. 

6 (a) SUBMISSION OF PLAN TO CONGRESS.—Not later 

7 than 90 days after the date of enactment of this Act, the 

8 Administrator of the Federal Aviation Administration, in 

9 coordination with Secretary of Homeland Security and 

10 Secretary of Defense, shall submit to the Committee on 

11 Transportation and Infrastructure and Committee on 

12 Homeland Security of the House of Representatives and 

13 the Committee on Commerce, Science, and Transportation 

14 of the Senate a plan for the Washington, DC, Air Defense 

15 Identification Zone. 

16 (b) CONTENTS OF PLAN.—The plan shall outline spe17 cific changes to the Washington, DC, Air Defense Identi18 fication Zone that will decrease operational impacts and 

19 improve general aviation access to airports in the National 

20 Capital Region that are currently impacted by the zone. 

21 SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA. 

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, including the Federal Airport Act (as in effect 

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

25 monetary consideration, all restrictions, conditions, and 


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1 limitations on the use, encumbrance, or conveyance of cer2 tain land located in the municipality of Anchorage, Alaska, 

3 more particularly described as Tracts 22 and 24 of the 

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

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

6 June 13, 1923, on file in the Bureau of Land Manage7 ment, Department of Interior. 

8 (b) GRANTS.—Notwithstanding any other provision 

9 of law, the municipality of Anchorage shall be released 

10 from the repayment of any outstanding grant obligations 

11 owed by the municipality to the Federal Aviation Adminis12 tration with respect to any land described in subsection 

13 (a) that is subsequently conveyed to or used by the De14 partment of Transportation and Public Facilities of the 

15 State of Alaska for the construction or reconstruction of 

16 a federally subsidized highway project. 

17 SEC. 815. 1940 AIR TERMINAL MUSEUM AT WILLIAM P. 

18 HOBBY AIRPORT, HOUSTON, TEXAS. 

19 It is the sense of Congress that the Nation— 

20 (1) supports the goals and ideals of the 1940 

21 Air Terminal Museum located at William P. Hobby 

22 Airport in the city of Houston, Texas; 

23 (2) congratulates the city of Houston and the 

24 1940 Air Terminal Museum on the 80-year history 

25 of William P. Hobby Airport and the vital role of the 


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1 airport in Houston’s and the Nation’s transportation 

2 infrastructure; and 

3 (3) recognizes the 1940 Air Terminal Museum 

4 for its importance to the Nation in the preservation 

5 and presentation of civil aviation heritage and recog6 nizes the importance of civil aviation to the Nation’s 

7 history and economy. 

8 SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMITATIONS 

9 APPLICABLE TO FLIGHT CREWMEMBERS. 

10 Not later than 180 days after the date of enactment 

11 of this Act, the Administrator of the Federal Aviation Ad12 ministration shall initiate a rulemaking proceeding for the 

13 following purposes: 

14 (1) To require a flight crewmember who is em15 ployed by an air carrier conducting operations under 

16 part 121 of title 14, Code of Federal Regulations, 

17 and who accepts an additional assignment for flying 

18 under part 91 of such title from the air carrier or 

19 from any other air carrier conducting operations 

20 under part 121 or 135 of such title, to apply the pe21 riod of the additional assignment (regardless of 

22 whether the assignment is performed by the flight 

23 crewmember before or after an assignment to fly 

24 under part 121 of such title) toward any limitation 


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1 applicable to the flight crewmember relating to duty 

2 periods or flight times under part 121 of such title. 

3 (2) To require a flight crewmember who is em4 ployed by an air carrier conducting operations under 

5 part 135 of title 14, Code of Federal Regulations, 

6 and who accepts an additional assignment for flying 

7 under part 91 of such title from the air carrier or 

8 any other air carrier conducting operations under 

9 part 121 or 135 of such title, to apply the period of 

10 the additional assignment (regardless of whether the 

11 assignment is performed by the flight crewmember 

12 before or after an assignment to fly under part 135 

13 of such title) toward any limitation applicable to the 

14 flight crewmember relating to duty periods or flight 

15 times under part 135 of such title. 

16 SEC. 817. PILOT PROGRAM FOR REDEVELOPMENT OF AIR17 PORT PROPERTIES. 

18 (a) IN GENERAL.—Not later than one year after the 

19 date of enactment of this Act, the Administrator of the 

20 Federal Aviation Administration shall establish a pilot 

21 program at up to 4 public-use airports (as defined in sec22 tion 47102 of title 49, United States Code) that have a 

23 noise compatibility program approved by the Adminis24 trator under section 47504 of such title. 


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1 (b) GRANTS.—Under the pilot program, the Adminis2 trator may make a grant in a fiscal year, from funds made 

3 available under section 47117(e)(1)(A) of such title, to the 

4 operator of an airport participating in the pilot program— 

5 (1) to support joint planning (including plan6 ning described in section 47504(a)(2)(F) of such 

7 title), engineering design, and environmental permit8 ting for the assembly and redevelopment of real 

9 property purchased with noise mitigation funds 

10 made available under section 48103 or passenger fa11 cility revenues collected for the airport under section 

12 40117 of such title; and 

13 (2) to encourage compatible land uses with the 

14 airport and generate economic benefits to the airport 

15 operator and an affected local jurisdiction. 

16 (c) GRANT REQUIREMENTS.—The Administrator 

17 may not make a grant under this section unless the grant 

18 is made— 

19 (1) to enable the airport operator and an af20 fected local jurisdiction to expedite their noise miti21 gation redevelopment efforts with respect to real 

22 property described in subsection (b)(1); 

23 (2) subject to a requirement that the affected 

24 local jurisdiction has adopted zoning regulations that 


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1 permit compatible redevelopment of real property de2 scribed in subsection (b)(1); and 

3 (3) subject to a requirement that funds made 

4 available under section 47117(e)(1)(A) with respect 

5 to real property assembled and redeveloped under 

6 subsection (b)(1) plus the amount of any grants 

7 made for acquisition of such property under section 

8 47504 of such title are repaid to the Administrator 

9 upon the sale of such property. 

10 (d) COOPERATION WITH LOCAL AFFECTED JURIS11 DICTION.—An airport operator may use funds granted 

12 under this section for a purpose described in subsection 

13 (b) only in cooperation with an affected local jurisdiction. 

14 (e) UNITED STATES GOVERNMENT SHARE.— 

15 (1) IN GENERAL.—The United States Govern16 ment share of the allowable costs of a project carried 

17 out under the pilot program shall be 80 percent. 

18 (2) DETERMINATION.—In determining the al19 lowable project costs of a project carried out under 

20 the pilot program for purposes of this subsection, 

21 the Administrator shall deduct from the total costs 

22 of the project that portion of the total costs of the 

23 project that are incurred with respect to real prop24 erty that is not owned or to be acquired by the air25 port operator pursuant to the noise compatibility 


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1 program for the airport or that is not owned by an 

2 affected local jurisdiction or other public entity. 

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 this pilot program at any single pub7 lic-use airport. 

8 (f) SPECIAL RULES FOR REPAID FUNDS.—The 

9 amounts repaid to the Administrator with respect to an 

10 airport under subsection (c)(3)— 

11 (1) shall be available to the Administrator for 

12 the following actions giving preference to such ac13 tions in descending order: 

14 (A) reinvestment in an approved noise 

15 compatibility project at the airport; 

16 (B) reinvestment in another project at the 

17 airport that is available for funding under sec18 tion 47117(e) of title 49, United States Code; 

19 (C) reinvestment in an approved airport 

20 development project at the airport that is eligi21 ble for funding under section 47114, 47115, or 

22 47117 of such title; 

23 (D) reinvestment in approved noise com24 patibility project at any other public airport; 

25 and 


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1 (E) deposit in the Airport and Airway 

2 Trust Fund established under section 9502 of 

3 the Internal Revenue Code of 1986 (26 U.S.C. 

4 9502); 

5 (2) shall be in addition to amounts authorized 

6 under section 48103 of title 49, United States Code; 

7 and 

8 (3) shall remain available until expended. 

9 (g) USE OF PASSENGER FACILITY REVENUE.—An 

10 operator of an airport participating in the pilot program 

11 may use passenger facility revenue collected for the airport 

12 under section 40117 of title 49, United States Code, to 

13 pay the portion of the total cost of a project carried out 

14 by the operator under the pilot program that are not al15 lowable under subsection (e)(2). 

16 (h) SUNSET.—The Administrator may not make a 

17 grant under the pilot program after September 30, 2012. 

18 (i) REPORT TO CONGRESS.—Not later than the last 

19 day of the 30th month following the date on which the 

20 first grant is made under this section, the Administrator 

21 shall report to Congress on the effectiveness of the pilot 

22 program on returning real property purchased with noise 

23 mitigation funds made available under section 

24 47117(e)(1)(A) or 47505 or passenger facility revenues to 

25 productive use. 


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1 (j) NOISE COMPATIBILITY MEASURES.—Section 

2 47504(a)(2) is amended— 

3 (1) by striking ‘‘and’’ at the end of subpara4 graph (D); 

5 (2) by striking the period at the end of sub6 paragraph (E) and inserting ‘‘; and’’; and 

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

8 ‘‘(F) joint comprehensive land use plan9 ning, including master plans, traffic studies, en10 vironmental evaluation and economic and feasi11 bility studies, with neighboring local jurisdic12 tions undertaking community redevelopment in 

13 the area where any land or other property in14 terest acquired by the airport operator under 

15 this subsection is located, to encourage and en16 hance redevelopment opportunities that reflect 

17 zoning and uses that will prevent the introduc18 tion of additional incompatible uses and en19 hance redevelopment potential.’’. 

20 SEC. 818. HELICOPTER OPERATIONS OVER LONG ISLAND, 

21 NEW YORK. 

22 (a) STUDY.—The Administrator of the Federal Avia23 tion Administration shall conduct a study on helicopter op24 erations over Long Island, New York. 


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1 (b) CONTENTS.—In conducting the study, the Ad2 ministrator shall examine, at a minimum, the following: 

3 (1) The effect of helicopter operations on resi4 dential areas, including— 

5 (A) safety issues relating to helicopter op6 erations; 

7 (B) noise levels relating to helicopter oper8 ations and ways to abate the noise levels; and 

9 (C) any other issue relating to helicopter 

10 operations on residential areas. 

11 (2) The feasibility of diverting helicopters from 

12 residential areas. 

13 (3) The feasibility of creating specific air lanes 

14 for helicopter operations. 

15 (4) The feasibility of establishing altitude limits 

16 for helicopter operations. 

17 (c) EXCEPTIONS.—Any determination under this sec18 tion on the feasibility of establishing limitations or restric19 tions for helicopter operations over Long Island, New 

20 York, shall not apply to helicopters performing operations 

21 for news organizations, the military, law enforcement, or 

22 providers of emergency services. 

23 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

24 Nothing in this section shall be construed to interfere with 


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1 the Federal Aviation Administration’s authority to ensure 

2 the safe and efficient use of the national airspace system. 

3 (e) REPORT.—Not later than 6 months after the date 

4 of the enactment of this Act, the Administrator shall sub5 mit to Congress a report on the results of the study, in6 cluding information and recommendations concerning the 

7 issues examined under subsection (b). 

8 SEC. 819. CABIN TEMPERATURE STANDARDS STUDY. 

9 (a) STUDY.—Not later than 6 months after the date 

10 of enactment of this Act, the Administrator of the Federal 

11 Aviation Administration shall conduct a study to deter12 mine whether onboard temperature standards are nec13 essary to protect cabin and cockpit crew members and pas14 sengers on an aircraft of an air carrier used to provide 

15 air transportation from excessive heat onboard such air16 craft during standard operations or during an excessive 

17 flight delay. 

18 (b) TEMPERATURE REVIEW.—In conducting the 

19 study under subsection (a), the Administrator shall— 

20 (1) survey onboard cabin and cockpit tempera21 tures of a representative sampling of different air22 craft types and operations; 

23 (2) address the appropriate placement of tem24 perature monitoring devices onboard the aircraft to 

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1 board temperature and develop a system for the re2 porting of excessive temperature onboard passenger 

3 aircraft by cockpit and cabin crew members; and 

4 (3) review the impact of implementing such on5 board temperature standards on the environment, 

6 fuel economy, and avionics and determine the costs 

7 associated with such implementation and the feasi8 bility of using ground equipment or other mitigation 

9 measures to offset any such costs. 

10 (c) REPORT TO CONGRESS.—Not later than 18 

11 months after the date of enactment of this Act, the Ad12 ministrator shall submit to Congress a report on the find13 ings of the study. 

14 SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS. 

15 Section 46301 is amended— 

16 (1) in subsection (a)(1)(A) by inserting ‘‘chap17 ter 451,’’ before ‘‘section 47107(b)’’; 

18 (2) in subsection (a)(5)(A)(i)— 

19 (A) by striking ‘‘or chapter 449’’ and in20 serting ‘‘chapter 449’’; and 

21 (B) by inserting after ‘‘44909)’’ the fol22 lowing: ‘‘, or chapter 451’’; and 

23 (3) in subsection (d)(2)— 


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1 (A) by inserting after ‘‘44723)’’ the fol2 lowing: ‘‘, chapter 451 (except section 45107)’’; 

3 and 

4 (B) by inserting after ‘‘44909),’’ the fol5 lowing: ‘‘section 45107 or’’. 

6 SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGES7 TION. 

8 Not later than 18 months after the date of enactment 

9 of this Act, the Comptroller General shall conduct a study 

10 and submit a report to Congress regarding effective strat11 egies to alleviate congestion in the national airspace at air12 ports during peak travel times, by evaluating the effective13 ness of reducing flight schedules and staggering flights, 

14 developing incentives for airlines to reduce the number of 

15 flights offered, and instituting slots and quotas at air16 ports. In addition, the Comptroller General shall compare 

17 the efficiency of implementing the strategies in the pre18 ceding sentence with redesigning airspace and evaluate 

19 any legal obstacles to implementing such strategies. 

20 SEC. 822. AIRLINE PERSONNEL TRAINING ENHANCEMENT. 

21 Not later than one year after the date of enactment 

22 of this Act, the Secretary of Transportation shall issue 

23 regulations under chapter 447 of title 49, United States 

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1 tendants regarding serving alcohol, dealing with disruptive 

2 passengers, and recognizing intoxicated persons. The 

3 training shall include situational training on methods of 

4 handling an intoxicated person who is belligerent. 

5 SEC. 823. STUDY ON FEASIBILITY OF DEVELOPMENT OF A 

6 PUBLIC INTERNET WEB-BASED SEARCH EN7 GINE ON WIND TURBINE INSTALLATION OB8 STRUCTION. 

9 (a) STUDY.—The Administrator of the Federal Avia10 tion Administration shall carry out a study on the feasi11 bility of developing a publicly searchable, Internet Web12 based resource that provides information regarding the ac13 ceptable height and distance that wind turbines may be 

14 installed in relation to aviation sites and the level of ob15 struction such turbines may present to such sites. 

16 (b) CONSIDERATIONS.—In conducting the study, the 

17 Administrator shall consult, if appropriate, with the Secre18 taries of the Army, Navy and Air Force, Homeland Secu19 rity, and Energy to coordinate the requirements of each 

20 agency for future air space needs, determine what the ac21 ceptable risks are to existing infrastructure of each agen22 cy, and define the different levels of risk for such infra23 structure. 

24 (c) REPORT.—Not later than one year after the date 

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1 port on the results of the study to the Committee on 

2 Transportation and Infrastructure, Committee on Home3 land Security, Committee on Armed Services and Com4 mittee on Science and Technology in the House of Rep5 resentatives and the Committee on Commerce, Science 

6 and Transportation, Committee on Government Affairs 

7 and Homeland Security, and the Committee on Armed 

8 Services in the Senate. 

9 TITLE IX—FEDERAL AVIATION 

10 RESEARCH AND DEVELOPMENT 

11 SEC. 901. SHORT TITLE. 

12 This title may be cited as the ‘‘Federal Aviation Re13 search and Development Reauthorization Act of 2009’’. 

14 SEC. 902. DEFINITIONS. 

15 As used in this title, the following definition apply: 

16 (1) ADMINISTRATOR.—The term ‘‘Adminis17 trator’’ means the Administrator of the Federal 

18 Aviation Administration. 

19 (2) FAA.—The term ‘‘FAA’’ means the Fed20 eral Aviation Administration. 

21 (3) NASA.—The term ‘‘NASA’’ means the Na22 tional Aeronautics and Space Administration. 

23 (4) NATIONAL RESEARCH COUNCIL.—The term 

24 ‘‘National Research Council’’ means the National 


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1 Research Council of the National Academies of 

2 Science and Engineering. 

3 (5) NOAA.—The term ‘‘NOAA’’ means the Na4 tional Oceanic and Atmospheric Administration. 

5 (6) NSF.—The term ‘‘NSF’’ means the Na6 tional Science Foundation. 

7 (7) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Transportation. 

9 SEC. 903. INTERAGENCY RESEARCH INITIATIVE ON THE IM10 PACT OF AVIATION ON THE CLIMATE. 

11 (a) IN GENERAL.—The Administrator, in coordina12 tion with NASA and the United States Climate Change 

13 Science Program, shall carry out a research initiative to 

14 assess the impact of aviation on the climate and, if war15 ranted, to evaluate approaches to mitigate that impact. 

16 (b) RESEARCH PLAN.—Not later than one year after 

17 the date of enactment of this Act, the participating Fed18 eral entities shall jointly develop a plan for the research 

19 program that contains the objectives, proposed tasks, mile20 stones, and 5-year budgetary profile. 

21 SEC. 904. RESEARCH PROGRAM ON RUNWAYS. 

22 (a) RESEARCH PROGRAM.—The Administrator shall 

23 maintain a program of research grants to universities and 

24 nonprofit research foundations for research and tech25 nology demonstrations related to— 


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1 (1) improved runway surfaces; and 

2 (2) engineered material restraining systems for 

3 runways at both general aviation airports and air4 ports with commercial air carrier operations. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated such sums as may be nec7 essary for each of the fiscal years 2008 through 2011 to 

8 carry out this section. 

9 SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION. 

10 (a) ESTABLISHMENT OF PROGRAM.—Not later than 

11 6 months after the date of enactment of this Act, the 

12 FAA, in consultation with other agencies as appropriate, 

13 shall establish a research program on methods to improve 

14 both confidence in and the timeliness of certification of 

15 new technologies for their introduction into the national 

16 airspace system. 

17 (b) RESEARCH PLAN.—Not later than 1 year after 

18 the date of enactment of this Act, as part of the activity 

19 described in subsection (a), the FAA shall develop a plan 

20 for the research program that contains the objectives, pro21 posed tasks, milestones, and five-year budgetary profile. 

22 (c) REVIEW.—The Administrator shall have the Na23 tional Research Council conduct an independent review of 

24 the research program plan and provide the results of that 

25 review to the Committee on Science and Technology and 


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1 the Committee on Transportation and Infrastructure of 

2 the House of Representatives and the Committee on Com3 merce, Science, and Transportation of the Senate not later 

4 than 18 months after the date of enactment of this Act. 

5 SEC. 906. CENTERS OF EXCELLENCE. 

6 (a) GOVERNMENT’S SHARE OF COSTS.—Section 

7 44513(f) is amended to read as follows: 

8 ‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The United 

9 States Government’s share of establishing and operating 

10 the center and all related research activities that grant 

11 recipients carry out shall not exceed 75 percent of the 

12 costs. The United States Government’s share of an indi13 vidual grant under this section shall not exceed 90 percent 

14 of the costs.’’. 

15 (b) ANNUAL REPORT.—The Administrator shall 

16 transmit annually to the Committee on Science and Tech17 nology and the Committee on Transportation and Infra18 structure of the House of Representatives and the Com19 mittee on Commerce, Science, and Transportation of the 

20 Senate at the time of the President’s budget request a re21 port that lists— 

22 (1) the research projects that have been initi23 ated by each Center of Excellence in the preceding 

24 year; 


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1 (2) the amount of funding for each research 

2 project and the funding source; 

3 (3) the institutions participating in each project 

4 and their shares of the overall funding for each re5 search project; and 

6 (4) the level of cost-sharing for each research 

7 project. 

8 SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

9 Section 44511(f) is amended— 

10 (1) in paragraph (1) by striking ‘‘establish a 4- 

11 year pilot’’ and inserting ‘‘maintain an’’; and 

12 (2) in paragraph (4)— 

13 (A) by striking ‘‘expiration of the pro14 gram’’ and inserting ‘‘expiration of the pilot 

15 program’’; and 

16 (B) by striking ‘‘program, including rec17 ommendations as to the need for establishing a 

18 permanent airport cooperative research pro19 gram’’ and inserting ‘‘program’’. 

20 SEC. 908. UNMANNED AIRCRAFT SYSTEMS. 

21 (a) RESEARCH INITIATIVE.—Section 44504(b) is 

22 amended— 

23 (1) in paragraph (6) by striking ‘‘and’’ after 

24 the semicolon; 


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1 (2) in paragraph (7) by striking the period at 

2 the end and inserting ‘‘; and’’; and 

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

4 ‘‘(8) in conjunction with other Federal agencies, 

5 as appropriate, to develop technologies and methods 

6 to assess the risk of and prevent defects, failures, 

7 and malfunctions of products, parts, and processes, 

8 for use in all classes of unmanned aircraft systems 

9 that could result in a catastrophic failure of the un10 manned aircraft that would endanger other aircraft 

11 in the national airspace system.’’. 

12 (b) SYSTEMS, PROCEDURES, FACILITIES, AND DE13 VICES.—Section 44505(b) is amended— 

14 (1) in paragraph (4) by striking ‘‘and’’ after 

15 the semicolon; 

16 (2) in paragraph (5)(C) by striking the period 

17 at the end and inserting a semicolon; and 

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

19 ‘‘(6) to develop a better understanding of the 

20 relationship between human factors and unmanned 

21 aircraft systems safety; and 

22 ‘‘(7) to develop dynamic simulation models for 

23 integrating all classes of unmanned aircraft systems 

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1 radation of existing levels of safety for all national 

2 airspace system users.’’. 

3 SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UN4 DERGRADUATE STUDENTS. 

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

6 a program to utilize colleges and universities, including 

7 Historically Black Colleges and Universities, Hispanic 

8 serving institutions, tribally controlled colleges and univer9 sities, and Alaska Native and Native Hawaiian serving in10 stitutions in conducting research by undergraduate stu11 dents on subjects of relevance to the FAA. Grants may 

12 be awarded under this section for— 

13 (1) research projects to be carried out primarily 

14 by undergraduate students; 

15 (2) research projects that combine under16 graduate research with other research supported by 

17 the FAA; 

18 (3) research on future training requirements re19 lated to projected changes in regulatory require20 ments for aircraft maintenance and power plant li21 censees; and 

22 (4) research on the impact of new technologies 

23 and procedures, particularly those related to aircraft 

24 flight deck and air traffic management functions, 


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1 and on training requirements for pilots and air traf2 fic controllers. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $5,000,000 for each of the 

5 fiscal years 2008 through 2011, for research grants under 

6 this section. 

7 SEC. 910. AVIATION GAS RESEARCH AND DEVELOPMENT 

8 PROGRAM. 

9 (a) CONTINUATION OF PROGRAM.—The Adminis10 trator, in coordination with the NASA Administrator, 

11 shall continue research and development activities into 

12 technologies for modification of existing general aviation 

13 piston engines to enable their safe operation using un14 leaded aviation fuel. 

15 (b) ROADMAP.—Not later than 120 days after the 

16 date of enactment of this Act, the Administrator shall de17 velop a research and development roadmap for the pro18 gram continued in subsection (a), containing the specific 

19 research and development objectives and the anticipated 

20 timetable for achieving the objectives. 

21 (c) REPORT.—Not later than 130 days after the date 

22 of enactment of this Act, the Administrator shall provide 

23 the roadmap specified in subsection (b) to the Committee 

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1 tives and the Committee on Commerce, Science, and 

2 Transportation of the Senate. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $750,000 for each of the 

5 fiscal years 2008 through 2010 to carry out this section. 

6 SEC. 911. REVIEW OF FAA’S ENERGY- AND ENVIRONMENT7 RELATED RESEARCH PROGRAMS. 

8 (a) STUDY.—The Administrator shall enter into an 

9 arrangement with the National Research Council for a re10 view of the FAA’s energy- and environment-related re11 search programs. The review shall assess whether— 

12 (1) the programs have well-defined, prioritized, 

13 and appropriate research objectives; 

14 (2) the programs are properly coordinated with 

15 the energy- and environment-related research pro16 grams of NASA, NOAA, and other relevant agen17 cies; 

18 (3) the programs have allocated appropriate re19 sources to each of the research objectives; and 

20 (4) there exist suitable mechanisms for 

21 transitioning the research results into the FAA’s 

22 operational technologies and procedures and certifi23 cation activities. 

24 (b) REPORT.—A report containing the results of the 

25 review shall be provided to the Committee on Science and 


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1 Technology of the House of Representatives and the Com2 mittee on Commerce, Science, and Transportation of the 

3 Senate within 18 months of the enactment of this Act. 

4 SEC. 912. REVIEW OF FAA’S AVIATION SAFETY-RELATED RE5 SEARCH PROGRAMS. 

6 (a) REVIEW.—The Administrator shall enter into an 

7 arrangement with the National Research Council for an 

8 independent review of the FAA’s aviation safety-related 

9 research programs. The review shall assess whether— 

10 (1) the programs have well-defined, prioritized, 

11 and appropriate research objectives; 

12 (2) the programs are properly coordinated with 

13 the safety research programs of NASA and other 

14 relevant Federal agencies; 

15 (3) the programs have allocated appropriate re16 sources to each of the research objectives; and 

17 (4) there exist suitable mechanisms for 

18 transitioning the research results from the programs 

19 into the FAA’s operational technologies and proce20 dures and certification activities in a timely manner. 

21 (b) AVIATION SAFETY-RELATED RESEARCH PRO22 GRAMS TO BE ASSESSED.—The FAA aviation safety-re23 lated research programs to be assessed under the review 

24 shall include, at a minimum, the following: 


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1 (1) Air traffic control/technical operations 

2 human factors. 

3 (2) Runway incursion reduction. 

4 (3) Flightdeck/maintenance system integration 

5 human factors. 

6 (4) Airports technology research—safety. 

7 (5) Airport cooperative research program—safe8 ty. 

9 (6) Weather program. 

10 (7) Atmospheric hazards/digital system safety. 

11 (8) Fire research and safety. 

12 (9) Propulsion and fuel systems. 

13 (10) Advanced materials/structural safety. 

14 (11) Aging aircraft. 

15 (12) Aircraft catastrophic failure prevention re16 search. 

17 (13) Aeromedical research. 

18 (14) Aviation safety risk analysis. 

19 (15) Unmanned aircraft systems research. 

20 (16) Safe Flight 21—Alaska Capstone. 

21 (c) REPORT.—Not later than 14 months after the 

22 date of enactment of this Act, the Administrator shall sub23 mit to Congress a report on the results of the review. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi25 tion to amounts authorized to be appropriated by the 


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1 amendments made by this Act, there is authorized to be 

2 appropriated $700,000 for fiscal year 2008 to carry out 

3 this section. 

4 SEC. 913. RESEARCH PROGRAM ON ALTERNATIVE JET 

5 FUEL TECHNOLOGY FOR CIVIL AIRCRAFT. 

6 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

7 Using amounts made available under section 48102(a) of 

8 title 49, United States Code, the Secretary of Transpor9 tation shall conduct a research program related to devel10 oping jet fuel from alternative sources (such as coal, nat11 ural gas, biomass, ethanol, butanol, and hydrogen) 

12 through grants or other measures authorized under sec13 tion 106(l)(6) of such title, including reimbursable agree14 ments with other Federal agencies. 

15 (b) PARTICIPATION BY EDUCATIONAL AND RE16 SEARCH INSTITUTIONS.—In conducting the program, the 

17 Secretary shall provide for participation by educational 

18 and research institutions that have existing facilities and 

19 experience in the development and deployment of tech20 nology for alternative jet fuels. 

21 (c) DESIGNATION OF INSTITUTE AS A CENTER OF

22 EXCELLENCE.—Not later than 6 months after the date 

23 of enactment of this Act, the Administrator of the Federal 

24 Aviation Administration shall designate an institution deVerDate Nov 24 2008 00:55 Feb 10, 2009 Jkt 079200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\H915.IH H915

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1 scribed in subsection (a) as a Center of Excellence for Al2 ternative Jet Fuel Research. 

3 SEC. 914. CENTER FOR EXCELLENCE IN AVIATION EMPLOY4 MENT. 

5 (a) ESTABLISHMENT.—The Administrator shall es6 tablish a Center for Excellence in Aviation Employment 

7 (in this section referred to as the ‘‘Center’’). 

8 (b) APPLIED RESEARCH AND TRAINING.—The Cen9 ter shall conduct applied research and training on— 

10 (1) human performance in the air transpor11 tation environment; 

12 (2) air transportation personnel, including air 

13 traffic controllers, pilots, and technicians; and 

14 (3) any other aviation human resource issues 

15 pertinent to developing and maintaining a safe and 

16 efficient air transportation system. 

17 (c) DUTIES.—The Center shall— 

18 (1) in conjunction with the Collegiate Training 

19 Initiative and other air traffic controller training 

20 programs, develop, implement, and evaluate a com21 prehensive, best-practices based training program 

22 for air traffic controllers; 

23 (2) work with the Office of Human Resource 

24 Management of the FAA as that office develops and 

25 implements a strategic recruitment and marketing 


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1 program to help the FAA compete for the best quali2 fied employees and incorporate an employee value 

3 proposition process that results in attracting a 

4 broad-based and diverse aviation workforce in mis5 sion critical positions, including air traffic controller, 

6 aviation safety inspector, airway transportation safe7 ty specialist, and engineer; 

8 (3) through industry surveys and other research 

9 methodologies and in partnership with the 

10 ‘‘Taskforce on the Future of the Aerospace Work11 force’’ and the Secretary of Labor, establish a base12 line of general aviation employment statistics for 

13 purposes of projecting and anticipating future work14 force needs and demonstrating the economic impact 

15 of general aviation employment; 

16 (4) conduct a comprehensive analysis of the air17 frame and powerplant technician certification proc18 ess and employment trends for maintenance repair 

19 organization facilities, certificated repair stations, 

20 and general aviation maintenance organizations; 

21 (5) establish a best practices model in aviation 

22 maintenance technician school environments; and 

23 (6) establish a workforce retraining program to 

24 allow for transition of recently unemployed and high25 ly skilled mechanics into aviation employment. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Administrator 

3 such sums as may be necessary to carry out this section. 

4 Such sums shall remain available until expended. 

Æ 


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