IB 

Union Calendar No. 62 

111TH CONGRESS 

1ST SESSION H. R. 915 

[Report No. 111–119, Part I] 

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 

MAY 19, 2009 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

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

MAY 19, 2009 

Committee on Science and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on February 9, 2009] 

A BILL 

To amend title 49, United States Code, to authorize approVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H915.RH H915

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priations 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’’. 

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

7 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. Award of architectural and engineering contracts for airside projects. 

Sec. 114. Intermodal ground access project pilot program. 

Sec. 115. 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. Solid waste recycling plans. 

Sec. 133. Amendments to grant assurances. 

Sec. 134. Government share of project costs. 


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Sec. 135. Amendments to allowable costs. 

Sec. 136. Uniform certification training for airport concessions under disadvantaged business enterprise program. 

Sec. 137. Preference for small business concerns owned and controlled by disabled 

veterans. 

Sec. 138. Minority and disadvantaged business participation. 

Sec. 139. Calculation of State apportionment fund. 

Sec. 140. Reducing apportionments. 

Sec. 141. Minimum amount for discretionary fund. 

Sec. 142. Marshall Islands, Micronesia, and Palau. 

Sec. 143. Use of apportioned amounts. 

Sec. 144. Sale of private airport to public sponsor. 

Sec. 145. Airport privatization pilot program. 

Sec. 146. Airport security program. 

Sec. 147. Sunset of pilot program for purchase of airport development rights. 

Sec. 148. Extension of grant authority for compatible land use planning and 

projects by State and local governments. 

Sec. 149. Repeal of limitations on Metropolitan Washington Airports Authority. 

Sec. 150. Midway Island Airport. 

Sec. 151. Puerto Rico minimum guarantee. 

Sec. 152. Miscellaneous amendments. 

Sec. 153. Airport Master Plans. 

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. 


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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. 

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. 

Sec. 336. Improved voluntary disclosure reporting system. 

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. Compensation for delayed baggage. 

Sec. 422. Schedule reduction. 

Sec. 423. Expansion of DOT airline consumer complaint investigations. 


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Sec. 424. Prohibitions against voice communications using mobile communications devices on scheduled flights. 

Sec. 425. Antitrust exemptions. 

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. 

Sec. 514. GAO study on compliance with FAA record of decision. 

TITLE VI—FAA EMPLOYEES AND ORGANIZATION 

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. 


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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 and Staten 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. 

Sec. 824. Wind turbine lighting. 

Sec. 825. Limiting access to flight decks of all-cargo aircraft. 

TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT 

Sec. 901. Short title. 

Sec. 902. Definitions. 

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 of 

4 an amendment to, or a repeal of, a section or other provi5 sion, the reference shall be considered to be made to a section 

6 or other provision of title 49, United States Code. 


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1 SEC. 3. EFFECTIVE DATE. 

2 Except as otherwise expressly provided, this Act and 

3 the amendments made by this Act shall apply only to fiscal 

4 years beginning after September 30, 2008. 

5 TITLE I—AUTHORIZATIONS 

6 Subtitle A—Funding of FAA 

7 Programs 

8 SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND 

9 NOISE COMPATIBILITY PLANNING AND PRO10 GRAMS. 

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

12 (1) by striking ‘‘September 30, 2003’’ and insert13 ing ‘‘September 30, 2008’’; and 

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

15 inserting the following: 

16 ‘‘(1) $3,900,000,000 for fiscal year 2009; 

17 ‘‘(2) $4,000,000,000 for fiscal year 2010; 

18 ‘‘(3) $4,100,000,000 for fiscal year 2011; and 

19 ‘‘(4) $4,200,000,000 for fiscal year 2012.’’. 

20 (b) ALLOCATIONS OF FUNDS.—Section 48103 is 

21 amended— 

22 (1) by striking ‘‘The total amounts’’ and insert23 ing ‘‘(a) AVAILABILITY OF AMOUNTS.—The total 

24 amounts’’; and 

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


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1 ‘‘(b) AIRPORT COOPERATIVE RESEARCH PROGRAM.— 

2 Of the amounts made available under subsection (a), 

3 $15,000,000 for each of fiscal years 2009 through 2012 may 

4 be used for carrying out the Airport Cooperative Research 

5 Program. 

6 ‘‘(c) AIRPORTS TECHNOLOGY RESEARCH.—Of the 

7 amounts made available under subsection (a), $19,348,000 

8 for each of fiscal years 2009 through 2012 may be used for 

9 carrying out airports technology research.’’. 

10 (c) OBLIGATIONAL AUTHORITY.—Section 47104(c) is 

11 amended by striking ‘‘March 31, 2009’’ and inserting ‘‘Sep12 tember 30, 2012’’. 

13 SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 48101(a) is amended by striking paragraphs (1) through 

16 (5) and inserting the following: 

17 ‘‘(1) $3,246,000,000 for fiscal year 2009. 

18 ‘‘(2) $3,259,000,000 for fiscal year 2010. 

19 ‘‘(3) $3,353,000,000 for fiscal year 2011. 

20 ‘‘(4) $3,506,000,000 for fiscal year 2012.’’. 

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

22 striking subsections (c) through (i) and inserting the fol23 lowing: 

24 ‘‘(c) WAKE VORTEX MITIGATION.—Of amounts appro25 priated under subsection (a), such sums as may be necVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 essary for each of fiscal years 2009 through 2012 may be 

2 used for the development and analysis of wake vortex miti3 gation, including advisory systems. 

4 ‘‘(d) WEATHER HAZARDS.— 

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

6 under subsection (a), such sums as may be necessary 

7 for each of fiscal years 2009 through 2012 may be 

8 used for the development of in-flight and ground-based 

9 weather threat mitigation systems, including ground 

10 de-icing and anti-icing systems and other systems for 

11 predicting, detecting, and mitigating the effects of cer12 tain weather conditions on both airframes and en13 gines. 

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

15 referred to in paragraph (1) include— 

16 ‘‘(A) ground-based icing threats such as ice 

17 pellets and freezing drizzle; 

18 ‘‘(B) oceanic weather, including convective 

19 weather, and other hazards associated with oce20 anic operations (where commercial traffic is high 

21 and only rudimentary satellite sensing is avail22 able) to reduce the hazards presented to commer23 cial aviation, including convective weather ice 

24 crystal ingestion threats; and 

25 ‘‘(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 2009 

4 through 2012 may be used to advance the development and 

5 implementation of safety management systems. 

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

7 amounts appropriated under subsection (a), $10,000,000 

8 for fiscal year 2009, $12,000,000 for fiscal year 2010, 

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

10 year 2012 may be used for the development and implemen11 tation of runway incursion reduction programs. 

12 ‘‘(g) RUNWAY STATUS LIGHTS.—Of amounts appro13 priated under subsection (a), $50,000,000 for fiscal year 

14 2009, $125,000,000 for fiscal year 2010, $100,000,000 for 

15 2011, and $50,000,000 for fiscal year 2012 may be used 

16 for the acquisition and installation of runway status lights. 

17 ‘‘(h) NEXTGEN SYSTEMS DEVELOPMENT PRO18 GRAMS.—Of amounts appropriated under subsection (a), 

19 $41,400,000 for fiscal year 2009, $102,900,000 for fiscal 

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

21 $105,300,000 for fiscal year 2012 may be used for systems 

22 development activities associated with NextGen. 

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

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

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


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1 $30,000,000 for fiscal year 2011, and $30,000,000 for fiscal 

2 year 2012 may be used for demonstration activities associ3 ated with NextGen. 

4 ‘‘(j) CENTER FOR ADVANCED AVIATION SYSTEM DE5 VELOPMENT.—Of amounts appropriated under subsection 

6 (a), $76,000,000 for fiscal year 2009, $79,000,000 for fiscal 

7 year 2010, $79,000,000 for fiscal year 2011, and 

8 $80,800,000 for fiscal year 2012 may be used for the Center 

9 for Advanced Aviation System Development. 

10 ‘‘(k) ADDITIONAL PROGRAMS.—Of amounts appro11 priated under subsection (a), $21,900,000 for fiscal year 

12 2009, $22,500,000 for fiscal year 2010, $22,500,000 for fis13 cal year 2011, and $22,500,000 for fiscal year 2012 may 

14 be used for— 

15 ‘‘(1) system capacity, planning, and improve16 ment; 

17 ‘‘(2) operations concept validation; 

18 ‘‘(3) NAS weather requirements; and 

19 ‘‘(4) Airspace Management Lab.’’. 

20 SEC. 103. FAA OPERATIONS. 

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

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

23 following: 

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

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


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

2 and 

3 ‘‘(D) $10,350,155,000 for fiscal year 2012.’’. 

4 (b) AUTHORIZED EXPENDITURES.—Section 106(k)(2) 

5 is amended— 

6 (1) by striking subparagraph (A) and inserting 

7 the following: 

8 ‘‘(A) Such sums as may be necessary for fis9 cal years 2009 through 2012 to support develop10 ment and maintenance of helicopter approach 

11 procedures, including certification and recertifi12 cation of instrument flight rule, global posi13 tioning system, and point-in-space approaches to 

14 heliports necessary to support all weather, emer15 gency services.’’; 

16 (2) by striking subparagraphs (B), (C), and (D); 

17 (3) by redesignating subparagraphs (E), (F), 

18 and (G) as subparagraphs (B), (C), and (D), respec19 tively; and 

20 (4) in subparagraphs (B), (C), and (D) (as so 

21 redesignated) by striking ‘‘2004 through 2007’’ and 

22 inserting ‘‘2009 through 2012’’. 

23 (c) AIRLINE DATA AND ANALYSIS.—There is author24 ized to be appropriated to the Secretary of Transportation 

25 out of the Airport and Airway Trust Fund established by 


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

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

3 by the Bureau of Transportation Statistics in the Research 

4 and Innovative Technology Administration of the Depart5 ment of Transportation $6,000,000 for each of fiscal years 

6 2009, 2010, 2011, and 2012. 

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

8 Section 48102(a) is amended— 

9 (1) in paragraph (11)— 

10 (A) in subparagraph (K) by inserting 

11 ‘‘and’’ at the end; and 

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

13 at the end; 

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

15 the end; and 

16 (3) by striking paragraph (13) and inserting the 

17 following: 

18 ‘‘(13) for fiscal year 2009, $212,929,000, includ19 ing— 

20 ‘‘(A) $8,457,000 for fire research and safety; 

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

22 systems; 

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

24 structural safety; 


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

2 and digital system safety; 

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

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

5 failure prevention research; 

6 ‘‘(G) $11,000,000 for flightdeck mainte7 nance, system integration, and human factors; 

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

9 analysis; 

10 ‘‘(I) $15,323,000 for air traffic control, tech11 nical operations, and human factors; 

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

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

14 ‘‘(L) $6,738,000 for unmanned aircraft sys15 tems research; 

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

17 Air Transportation System Joint Planning and 

18 Development Office; 

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

20 ‘‘(O) $10,425,000 for NextGen—Air ground 

21 integration; 

22 ‘‘(P) $8,025,000 for NextGen—Self separa23 tion; 

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

25 technology in the cockpit; 


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1 ‘‘(R) $22,939,000 for environment and en2 ergy; 

3 ‘‘(S) $16,050,000 for NextGen—Environ4 mental research—Aircraft technologies, fuels, 

5 and metrics; 

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

7 resource management; and 

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

9 Technical Center Laboratory Facility; 

10 ‘‘(14) for fiscal year 2010, $214,587,000, includ11 ing— 

12 ‘‘(A) $8,546,000 for fire research and safety; 

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

14 systems; 

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

16 structural safety; 

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

18 and digital system safety; 

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

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

21 failure prevention research; 

22 ‘‘(G) $11,000,000 for flightdeck mainte23 nance, system integration, and human factors; 

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

25 analysis; 


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1 ‘‘(I) $15,471,000 for air traffic control, tech2 nical operations, and human factors; 

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

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

5 ‘‘(L) $6,236,000 for unmanned aircraft sys6 tems research; 

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

8 Air Transportation System Joint Planning and 

9 Development Office; 

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

11 ‘‘(O) $10,400,000 for NextGen—Air ground 

12 integration; 

13 ‘‘(P) $8,000,000 for NextGen—Self separa14 tion; 

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

16 technology in the cockpit; 

17 ‘‘(R) $20,278,000 for environment and en18 ergy; 

19 ‘‘(S) $19,700,000 for NextGen—Environ20 mental research—Aircraft technologies, fuels, 

21 and metrics; 

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

23 resource management; and 

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

25 Technical Center Laboratory Facility; 


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1 ‘‘(15) for fiscal year 2011, $225,993,000, includ2 ing— 

3 ‘‘(A) $8,815,000 for fire research and safety; 

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

5 systems; 

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

7 structural safety; 

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

9 and digital system safety; 

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

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

12 failure prevention research; 

13 ‘‘(G) $12,000,000 for flightdeck mainte14 nance, system integration, and human factors; 

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

16 analysis; 

17 ‘‘(I) $15,715,000 for air traffic control, tech18 nical operations, and human factors; 

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

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

21 ‘‘(L) $6,295,000 for unmanned aircraft sys22 tems research; 

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

24 Air Transportation System Joint Planning and 

25 Development Office; 


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

2 ‘‘(O) $10,600,000 for NextGen—Air ground 

3 integration; 

4 ‘‘(P) $8,300,000 for NextGen—Self separa5 tion; 

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

7 technology in the cockpit; 

8 ‘‘(R) $27,075,000 for environment and en9 ergy; 

10 ‘‘(S) $20,368,000 for NextGen—Environ11 mental research—Aircraft technologies, fuels, 

12 and metrics; 

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

14 resource management; and 

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

16 Technical Center Laboratory Facility; and 

17 ‘‘(16) for fiscal year 2012, $244,860,000, includ18 ing— 

19 ‘‘(A) $8,957,000 for fire research and safety; 

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

21 systems; 

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

23 structural safety; 

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

25 and digital system safety; 


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

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

3 failure prevention research; 

4 ‘‘(G) $12,000,000 for flightdeck mainte5 nance, system integration, and human factors; 

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

7 analysis; 

8 ‘‘(I) $16,000,000 for air traffic control, tech9 nical operations, and human factors; 

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

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

12 ‘‘(L) $6,400,000 for unmanned aircraft sys13 tems research; 

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

15 Air Transportation System Joint Planning and 

16 Development Office; 

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

18 ‘‘(O) $10,800,000 for NextGen—Air ground 

19 integration; 

20 ‘‘(P) $8,500,000 for NextGen—Self separa21 tion; 

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

23 technology in the cockpit; 

24 ‘‘(R) $44,409,000 for environment and en25 ergy; 


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1 ‘‘(S) $20,034,000 for NextGen—Environ2 mental research—Aircraft technologies, fuels, 

3 and metrics; 

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

5 resource management; and 

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

7 Technical Center Laboratory Facility.’’. 

8 SEC. 105. FUNDING FOR AVIATION PROGRAMS. 

9 (a) AIRPORT AND AIRWAY TRUST FUND GUAR10 ANTEE.—Section 48114(a)(1)(A) is amended to read as fol11 lows: 

12 ‘‘(A) IN GENERAL.—The total budget re13 sources made available from the Airport and 

14 Airway Trust Fund each fiscal year through fis15 cal year 2012 pursuant to sections 48101, 48102, 

16 48103, and 106(k) shall— 

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

18 2010, be equal to 90 percent of the estimated 

19 level of receipts plus interest credited to the 

20 Airport and Airway Trust Fund for that 

21 fiscal year; and 

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

23 2012, be equal to the sum of— 

24 ‘‘(I) 90 percent of the estimated 

25 level of receipts plus interest credited to 


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1 the Airport and Airway Trust Fund 

2 for that fiscal year; and 

3 ‘‘(II) the actual level of receipts 

4 plus interest credited to the Airport 

5 and Airway Trust Fund for the second 

6 preceding fiscal year minus the total 

7 amount made available for obligation 

8 from the Airport and Airway Trust 

9 Fund for the second preceding fiscal 

10 year. 

11 Such amounts may be used only for aviation in12 vestment programs listed in subsection (b).’’. 

13 (b) ADDITIONAL AUTHORIZATIONS OF APPROPRIA14 TIONS FROM THE GENERAL FUND.—Section 48114(a)(2) is 

15 amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 

16 (c) ESTIMATED LEVEL OF RECEIPTS PLUS INTEREST

17 DEFINED.—Section 48114(b)(2) is amended— 

18 (1) in the paragraph heading by striking 

19 ‘‘LEVEL’’ and inserting ‘‘ESTIMATED LEVEL’’; and 

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

21 and inserting ‘‘estimated level of receipts plus inter22 est’’. 

23 (d) ENFORCEMENT OF GUARANTEES.—Section 

24 48114(c)(2) is amended by striking ‘‘2007’’ and inserting 

25 ‘‘2012’’. 


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1 Subtitle B—Passenger Facility 

2 Charges 

3 SEC. 111. PFC AUTHORITY. 

4 (a) PFC DEFINED.—Section 40117(a)(5) is amended 

5 to read as follows: 

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

7 ‘passenger facility charge’ means a charge or fee im8 posed under this section.’’. 

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

10 40117(b)(4) is amended by striking ‘‘$4.00 or $4.50’’ and 

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

12 (c) PILOT PROGRAM FOR PFC AT NONHUB AIR13 PORTS.—Section 40117(l) is amended— 

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

15 (2) by redesignating paragraph (8) as para16 graph (7). 

17 (d) CORRECTION OF REFERENCES.— 

18 (1) SECTION 40117.—Section 40117 is amend19 ed— 

20 (A) in the section heading by striking 

21 ‘‘fees’’ and inserting ‘‘charges’’; 

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

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

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

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


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

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

3 ‘‘CHARGE’’; 

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

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

6 (F) in the heading for paragraph (1) of sub7 section (m) by striking ‘‘FEES’’ and inserting 

8 ‘‘CHARGES’’; 

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

10 (other than the second sentence of subsection 

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

12 (H) by striking ‘‘fees’’ each place it appears 

13 and inserting ‘‘charges’’. 

14 (2) OTHER REFERENCES.—Subtitle VII is 

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

16 each place it appears in each of the following sections: 

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

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

19 (C) Section 47114(f). 

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

21 (E) Section 47139(b). 

22 (F) Section 47524(e). 

23 (G) Section 47526(2). 


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1 SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE. 

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

3 adding at the end the following: 

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

5 storage facilities that are to be used by pas6 sengers at the airport and that are in compli7 ance with applicable security standards.’’. 

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

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

10 of the Federal Aviation Administration shall submit to 

11 Congress a report on the progress being made by airports 

12 to install bicycle parking for airport customers and airport 

13 employees. 

14 SEC. 113. AWARD OF ARCHITECTURAL AND ENGINEERING 

15 CONTRACTS FOR AIRSIDE PROJECTS. 

16 (a) IN GENERAL.—Section 40117(d) is amended— 

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

18 (3); 

19 (2) by striking the period at the end of para20 graph (4) and inserting ‘‘; and’’; and 

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

22 ‘‘(5) in the case of an application to finance a 

23 project to meet the airside needs of the airport, the 

24 application includes written assurances, satisfactory 

25 to the Secretary, that each contract and subcontract 

26 for program management, construction management, 


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1 planning studies, feasibility studies, architectural 

2 services, preliminary engineering, design, engineering, 

3 surveying, mapping, and related services will be 

4 awarded in the same way that a contract for architec5 tural and engineering services is negotiated under 

6 chapter 11 of title 40 or an equivalent qualifications7 based requirement prescribed for or by the eligible 

8 agency.’’. 

9 (b) APPLICABILITY.—The amendment made by sub10 section (a) shall apply to an application submitted to the 

11 Secretary of Transportation by an eligible agency under 

12 section 40117 of title 49, United States Code, after the date 

13 of enactment of this Act. 

14 SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT 

15 PROGRAM. 

16 Section 40117 is amended by adding at the end the 

17 following: 

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

19 INTERMODAL GROUND ACCESS PROJECTS.— 

20 ‘‘(1) PFC ELIGIBILITY.—Subject to the require21 ments of this subsection, the Secretary shall establish 

22 a pilot program under which the Secretary may au23 thorize, at no more than 5 airports, a passenger facil24 ity charge imposed under subsection (b)(1) or (b)(4) 


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1 to be used to finance the eligible cost of an intermodal 

2 ground access project. 

3 ‘‘(2) INTERMODAL GROUND ACCESS PROJECT DE4 FINED.—In this section, the term ‘intermodal ground 

5 access project’ means a project for constructing a local 

6 facility owned or operated by an eligible agency that 

7 is directly and substantially related to the movement 

8 of passengers or property traveling in air transpor9 tation. 

10 ‘‘(3) ELIGIBLE COSTS.— 

11 ‘‘(A) IN GENERAL.—For purposes of para12 graph (1), the eligible cost of an intermodal 

13 ground access project shall be the total cost of the 

14 project multiplied by the ratio that— 

15 ‘‘(i) the number of individuals pro16 jected to use the project to gain access to or 

17 depart from the airport; bears to 

18 ‘‘(ii) the total number of the individ19 uals projected to use the facility. 

20 ‘‘(B) DETERMINATIONS REGARDING PRO21 JECTED PROJECT USE.— 

22 ‘‘(i) IN GENERAL.—Except as provided 

23 by clause (ii), the Secretary shall determine 

24 the projected use of a project for purposes of 


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1 subparagraph (A) at the time the project is 

2 approved under this subsection. 

3 ‘‘(ii) PUBLIC TRANSPORTATION

4 PROJECTS.—In the case of a project ap5 proved under this section to be financed in 

6 part using funds administered by the Fed7 eral Transit Administration, the Secretary 

8 shall use the travel forecasting model for the 

9 project at the time such project is approved 

10 by the Federal Transit Administration to 

11 enter preliminary engineering to determine 

12 the projected use of the project for purposes 

13 of subparagraph (A).’’. 

14 SEC. 115. IMPACTS ON AIRPORTS OF ACCOMMODATING 

15 CONNECTING PASSENGERS. 

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

17 enactment of this Act, the Secretary of Transportation shall 

18 initiate a study to evaluate— 

19 (1) the impacts on airports of accommodating 

20 connecting passengers; and 

21 (2) the treatment of airports at which the major22 ity of passengers are connecting passengers under the 

23 passenger facility charge program authorized by sec24 tion 40117 of title 49, United States Code. 


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

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

3 (1) the differences in facility needs, and the costs 

4 for constructing, maintaining, and operating those fa5 cilities, for airports at which the majority of pas6 sengers are connecting passengers as compared to air7 ports at which the majority of passengers are origi8 nating and destination passengers; 

9 (2) whether the costs to an airport of accommo10 dating additional connecting passengers differs from 

11 the cost of accommodating additional originating and 

12 destination passengers; 

13 (3) for each airport charging a passenger facility 

14 charge, the percentage of passenger facility charge rev15 enue attributable to connecting passengers and the 

16 percentage of such revenue attributable to originating 

17 and destination passengers; 

18 (4) the potential effects on airport revenues of re19 quiring airports to charge different levels of passenger 

20 facility charges on connecting passengers and origi21 nating and destination passengers; and 

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

23 passenger facility charges under a system in which 

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1 posed on connecting passengers and originating and 

2 destination passengers. 

3 (c) REPORT TO CONGRESS.— 

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

5 the date of initiation of the study, the Secretary shall 

6 submit to Congress a report on the results of the 

7 study. 

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

9 (A) the findings of the Secretary on each of 

10 the subjects listed in subsection (b); and 

11 (B) recommendations, if any, of the Sec12 retary based on the results of the study for any 

13 changes to the passenger facility charge program, 

14 including recommendations as to whether dif15 ferent levels of passenger facility charges should 

16 be imposed on connecting passengers and origi17 nating and destination passengers. 

18 Subtitle C—Fees for FAA Services 

19 SEC. 121. UPDATE ON OVERFLIGHTS. 

20 (a) ESTABLISHMENT AND ADJUSTMENT OF FEES.— 

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

22 ‘‘(b) ESTABLISHMENT AND ADJUSTMENT OF FEES.— 

23 ‘‘(1) IN GENERAL.—In establishing and adjust24 ing fees under subsection (a), the Administrator shall 

25 ensure that the fees are reasonably related to the AdVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 ministration’s costs, as determined by the Adminis2 trator, of providing the services rendered. Services for 

3 which costs may be recovered include the costs of air 

4 traffic control, navigation, weather services, training, 

5 and emergency services which are available to facili6 tate safe transportation over the United States and 

7 the costs of other services provided by the Adminis8 trator, or by programs financed by the Administrator, 

9 to flights that neither take off nor land in the United 

10 States. The determination of such costs by the Admin11 istrator, and the allocation of such costs by the Ad12 ministrator to services provided, are not subject to ju13 dicial review. 

14 ‘‘(2) ADJUSTMENT OF FEES.—The Administrator 

15 shall adjust the overflight fees established by sub16 section (a)(1) by expedited rulemaking and begin col17 lections under the adjusted fees by May 1, 2010. In 

18 developing the adjusted overflight fees, the Adminis19 trator may seek and consider the recommendations of20 fered by an aviation rulemaking committee for over21 flight fees that are provided to the Administrator by 

22 May 1, 2009, and are intended to ensure that over23 flight fees are reasonably related to the Administra24 tor’s costs of providing air traffic control and related 

25 services to overflights. 


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1 ‘‘(3) AIRCRAFT ALTITUDE.—Nothing in this sec2 tion shall require the Administrator to take into ac3 count aircraft altitude in establishing any fee for air4 craft operations in en route or oceanic airspace. 

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

6 term ‘costs’ includes those costs associated with the 

7 operation, maintenance, leasing costs, and overhead 

8 expenses of the services provided and the facilities and 

9 equipment used in such services, including the pro10 jected costs for the period during which the services 

11 will be provided. 

12 ‘‘(5) PUBLICATION; COMMENT.—The Adminis13 trator shall publish in the Federal Register any fee 

14 schedule under this section, including any adjusted 

15 overflight fee schedule, and the associated collection 

16 process as an interim final rule, pursuant to which 

17 public comment will be sought and a final rule 

18 issued.’’. 

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

20 adding at the end the following: 

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

22 under subsection (b), the Administrator may periodically 

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


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1 SEC. 122. REGISTRATION FEES. 

2 (a) IN GENERAL.—Chapter 453 is amended by adding 

3 at the end the following: 

4 ‘‘§ 45305. Registration, certification, and related fees 

5 ‘‘(a) GENERAL AUTHORITY AND FEES.—Subject to 

6 subsection (b), the Administrator of the Federal Aviation 

7 Administration shall establish the following fees for services 

8 and activities of the Administration: 

9 ‘‘(1) $130 for registering an aircraft. 

10 ‘‘(2) $45 for replacing an aircraft registration. 

11 ‘‘(3) $130 for issuing an original dealer’s air12 craft certificate. 

13 ‘‘(4) $105 for issuing an aircraft certificate 

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

15 ‘‘(5) $80 for issuing a special registration num16 ber. 

17 ‘‘(6) $50 for issuing a renewal of a special reg18 istration number. 

19 ‘‘(7) $130 for recording a security interest in an 

20 aircraft or aircraft part. 

21 ‘‘(8) $50 for issuing an airman certificate. 

22 ‘‘(9) $25 for issuing a replacement airman cer23 tificate. 

24 ‘‘(10) $42 for issuing an airman medical certifi25 cate. 


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1 ‘‘(11) $100 for providing a legal opinion per2 taining to aircraft registration or recordation. 

3 ‘‘(b) LIMITATION ON COLLECTION.—No fee may be col4 lected under this section unless the expenditure of the fee 

5 to pay the costs of activities and services for which the fee 

6 is imposed is provided for in advance in an appropriations 

7 Act. 

8 ‘‘(c) FEES CREDITED AS OFFSETTING COLLEC9 TIONS.— 

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

11 3302 of title 31, any fee authorized to be collected 

12 under this section shall— 

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

14 the account that finances the activities and serv15 ices for which the fee is imposed; 

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

17 pay the costs of activities and services for which 

18 the fee is imposed; and 

19 ‘‘(C) remain available until expended. 

20 ‘‘(2) CONTINUING APPROPRIATIONS.—The Ad21 ministrator may continue to assess, collect, and spend 

22 fees established under this section during any period 

23 in which the funding for the Federal Aviation Admin24 istration is provided under an Act providing conVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 tinuing appropriations in lieu of the Administra2 tion’s regular appropriations. 

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

4 periodically adjust the fees established by subsection 

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

6 developed pursuant to section 45303(e) reveal that the 

7 cost of providing the service is higher or lower than 

8 the cost data that were used to establish the fee then 

9 in effect.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chapter 

11 453 is amended by adding at the end the following: 

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

12 (c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR

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

14 (1) by striking ‘‘A fee’’ and inserting the fol15 lowing: 

16 ‘‘(1) IN GENERAL.—A fee’’; and 

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

18 ‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.— 

19 A fee may not be imposed for a service or activity 

20 under this section during any period in which a fee 

21 for the same service or activity is imposed under sec22 tion 45305.’’. 


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1 Subtitle D—AIP Modifications 

2 SEC. 131. AMENDMENTS TO AIP DEFINITIONS. 

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

4 amended— 

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

6 and inserting ‘‘9’’; and 

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

8 ‘‘(M) construction of mobile refueler parking 

9 within a fuel farm at a nonprimary airport 

10 meeting the requirements of section 112.8 of title 

11 40, Code of Federal Regulations. 

12 ‘‘(N) terminal development under section 

13 47119(a). 

14 ‘‘(O) acquiring and installing facilities and 

15 equipment to provide air conditioning, heating, 

16 or electric power from terminal-based, non-exclu17 sive use facilities to aircraft parked at a public 

18 use airport for the purpose of reducing energy 

19 use or harmful emissions as compared to the pro20 vision of such air conditioning, heating, or elec21 tric power from aircraft-based systems.’’. 

22 (b) AIRPORT PLANNING.—Section 47102(5) is amend23 ed by inserting before the period at the end the following: 

24 ‘‘, developing an environmental management system’’. 


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

2 amended— 

3 (1) by redesignating paragraphs (23) through 

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

5 (2) by redesignating paragraphs (8) through (22) 

6 as paragraphs (9) through (23), respectively; and 

7 (3) by inserting after paragraph (7) the fol8 lowing: 

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

10 airport that is located in a State and that, as deter11 mined by the Secretary— 

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

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

14 2,500 passenger boardings each year.’’. 

15 (d) REVENUE PRODUCING AERONAUTICAL SUPPORT

16 FACILITIES.—Section 47102 is amended by inserting after 

17 paragraph (23) (as redesignated by subsection (c)(2) of this 

18 section) the following: 

19 ‘‘(24) ‘revenue producing aeronautical support 

20 facilities’ means fuel farms, hangar buildings, self21 service credit card aeronautical fueling systems, air22 plane wash racks, major rehabilitation of a hangar 

23 owned by a sponsor, or other aeronautical support fa24 cilities that the Secretary determines will increase the 

25 revenue producing ability of the airport.’’. 


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1 (e) TERMINAL DEVELOPMENT.—Section 47102 is fur2 ther amended by adding at the end the following: 

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

4 ‘‘(A) development of— 

5 ‘‘(i) an airport passenger terminal 

6 building, including terminal gates; 

7 ‘‘(ii) access roads servicing exclusively 

8 airport traffic that leads directly to or from 

9 an airport passenger terminal building; and 

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

11 from an airport passenger terminal build12 ing; and 

13 ‘‘(B) the cost of a vehicle described in sec14 tion 47119(a)(1)(B).’’. 

15 SEC. 132. SOLID WASTE RECYCLING PLANS. 

16 (a) AIRPORT PLANNING.—Section 47102(5) (as 

17 amended by section 131(b) of this Act) is amended by in18 serting before the period at the end the following: ‘‘, and 

19 planning to minimize the generation of, and to recycle, air20 port solid waste in a manner that is consistent with appli21 cable State and local recycling laws’’. 

22 (b) MASTER PLAN.—Section 47106(a) is amended— 

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

24 (4); 


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1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘; and’’; and 

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

4 ‘‘(6) in any case in which the project is for an 

5 airport that has an airport master plan, the master 

6 plan addresses the feasibility of solid waste recycling 

7 at the airport and minimizing the generation of solid 

8 waste at the airport.’’. 

9 SEC. 133. AMENDMENTS TO GRANT ASSURANCES. 

10 (a) GENERAL WRITTEN ASSURANCES.—Section 

11 47107(a)(16)(D)(ii) is amended by inserting before the 

12 semicolon at the end the following: ‘‘, except in the case of 

13 a relocation or replacement of an existing airport facility 

14 that meets the conditions of section 47110(d)’’. 

15 (b) WRITTEN ASSURANCES ON ACQUIRING LAND.— 

16 (1) USE OF PROCEEDS.—Section 

17 47107(c)(2)(A)(iii) is amended by striking ‘‘paid to 

18 the Secretary’’ and all that follows before the semi19 colon and inserting ‘‘reinvested in another project at 

20 the airport or transferred to another airport as the 

21 Secretary prescribes under paragraph (4)’’. 

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

23 amended by adding at the end the following: 

24 ‘‘(4) PRIORITIES FOR REINVESTMENT.—In ap25 proving the reinvestment or transfer of proceeds under 


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1 subsection (c)(2)(A)(iii), the Secretary shall give pref2 erence, in descending order, to the following actions: 

3 ‘‘(A) Reinvestment in an approved noise 

4 compatibility project. 

5 ‘‘(B) Reinvestment in an approved project 

6 that is eligible for funding under section 

7 47117(e). 

8 ‘‘(C) Reinvestment in an approved airport 

9 development project that is eligible for funding 

10 under section 47114, 47115, or 47117. 

11 ‘‘(D) Transfer to a sponsor of another pub12 lic airport to be reinvested in an approved noise 

13 compatibility project at such airport. 

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

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

16 (c) CLERICAL AMENDMENT.—Section 

17 47107(c)(2)(B)(iii) is amended by striking ‘‘the Fund’’ and 

18 inserting ‘‘the Airport and Airway Trust Fund established 

19 under section 9502 of the Internal Revenue Code of 1986 

20 (26 U.S.C. 9502)’’. 

21 SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS. 

22 Section 47109 is amended— 

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

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


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1 inserting ‘‘otherwise specifically provided in this sec2 tion’’; and 

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

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

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

6 hub airport changes to a medium hub airport, the Govern7 ment’s share of allowable project costs for the airport may 

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

9 such change in hub status. 

10 ‘‘(f) SPECIAL RULE FOR ECONOMICALLY DEPRESSED

11 COMMUNITIES.—The Government’s share of allowable 

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

13 that— 

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

15 subchapter II of chapter 417; and 

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

17 of the criteria established in section 301(a) of the 

18 Public Works and Economic Development Act of 1965 

19 (42 U.S.C. 3161(a)), as determined by the Secretary 

20 of Commerce.’’. 

21 SEC. 135. AMENDMENTS TO ALLOWABLE COSTS. 

22 (a) ALLOWABLE PROJECT COSTS.—Section 

23 47110(b)(2)(D) is amended to read as follows: 

24 ‘‘(D) if the cost is for airport development and 

25 is incurred before execution of the grant agreement, 


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1 but in the same fiscal year as execution of the grant 

2 agreement, and if— 

3 ‘‘(i) the cost was incurred before execution 

4 of the grant agreement due to the short construc5 tion season in the vicinity of the airport; 

6 ‘‘(ii) the cost is in accordance with an air7 port layout plan approved by the Secretary and 

8 with all statutory and administrative require9 ments that would have been applicable to the 

10 project if the project had been carried out after 

11 execution of the grant agreement; 

12 ‘‘(iii) the sponsor notifies the Secretary be13 fore authorizing work to commence on the 

14 project; and 

15 ‘‘(iv) the sponsor’s decision to proceed with 

16 the project in advance of execution of the grant 

17 agreement does not affect the priority assigned to 

18 the project by the Secretary for the allocation of 

19 discretionary funds;’’. 

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

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

22 ‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.— 

23 The Secretary may determine that the costs of relocating 

24 or replacing an airport-owned facility are allowable for an 

25 airport development project at an airport only if— 


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

2 paid with funds apportioned to the airport sponsor 

3 under section 47114(c)(1) or 47114(d); 

4 ‘‘(2) the Secretary determines that the relocation 

5 or replacement is required due to a change in the Sec6 retary’s design standards; and 

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

8 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 hang14 ars,’’. 

15 SEC. 136. UNIFORM CERTIFICATION TRAINING FOR AIR16 PORT CONCESSIONS UNDER DISADVANTAGED 

17 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 year 

2 after the date of enactment of the FAA Reauthor3 ization Act of 2009, the Secretary shall establish 

4 a mandatory training program for persons de5 scribed in subparagraph (C) on the certification 

6 of whether a small business concern in airport 

7 concessions qualifies as a small business concern 

8 owned and controlled by a socially and economi9 cally disadvantaged individual for purposes of 

10 paragraph (1). 

11 ‘‘(B) IMPLEMENTATION.—The training pro12 gram may be implemented by one or more pri13 vate 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 paragraph 

25 (1). 


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1 ‘‘(D) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appropriated 

3 such sums as may be necessary to carry out this 

4 paragraph.’’. 

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

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

7 Committee on Transportation and Infrastructure of the 

8 House of Representatives, the Committee on Commerce, 

9 Science, and Transportation of the Senate, and other ap10 propriate committees of Congress a report on the results of 

11 the training program conducted under the amendment 

12 made by subsection (a). 

13 SEC. 137. PREFERENCE FOR SMALL BUSINESS CONCERNS 

14 OWNED AND CONTROLLED BY DISABLED VET15 ERANS. 

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

17 following: 

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

19 airport development project under a grant agreement under 

20 this subchapter must require that a preference be given to 

21 the use of small business concerns (as defined in section 3 

22 of the Small Business Act (15 U.S.C. 1632)) owned and 

23 controlled by disabled veterans.’’. 


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1 SEC. 138. MINORITY AND DISADVANTAGED BUSINESS PAR2 TICIPATION. 

3 Section 47113 is amended by adding at the end the 

4 following: 

5 ‘‘(e) PERSONAL NET WORTH CAP.— 

6 ‘‘(1) REGULATIONS.—Not later than 180 days 

7 after the date of enactment of this subsection, the Sec8 retary shall issue final regulations to adjust the per9 sonal net worth cap used in determining whether an 

10 individual is economically disadvantaged for pur11 poses of qualifying under the definition contained in 

12 subsection (a)(2). The regulations shall correct for the 

13 impact of inflation since the Small Business Admin14 istration established the personal net worth cap at 

15 $750,000 in 1989. 

16 ‘‘(2) ANNUAL ADJUSTMENT.—Following the ini17 tial adjustment under paragraph (1), the Secretary 

18 shall adjust, on June 30 of each year thereafter, the 

19 personal net worth cap to account for changes, occur20 ring in the preceding 12-month period, in the Con21 sumer Price Index of All Urban Consumers (United 

22 States city average, all items) published by the Sec23 retary of Labor.’’. 

24 SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND. 

25 Section 47114(d) is amended— 

26 (1) in paragraph (2)— 


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

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

3 ‘‘The Secretary’’; and 

4 (B) by striking ‘‘18.5 percent’’ and insert5 ing ‘‘10 percent’’; and 

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

7 following: 

8 ‘‘(3) ADDITIONAL AMOUNT.— 

9 ‘‘(A) IN GENERAL.—In addition to amounts 

10 apportioned under paragraph (2), and subject to 

11 subparagraph (B), the Secretary shall apportion 

12 to each airport, excluding primary airports but 

13 including reliever and nonprimary commercial 

14 service airports, in States the lesser of— 

15 ‘‘(i) $150,000; or 

‘‘(ii) 1 16 ⁄5 of the most recently published 

17 estimate of the 5-year costs for airport im18 provement for the airport, as listed in the 

19 national plan of integrated airport systems 

20 developed by the Federal Aviation Adminis21 tration under section 47103. 

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

23 which the total amount made available for ap24 portionment under paragraph (2) is less than 

25 $300,000,000, the Secretary shall reduce, on a 


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1 prorated basis, the amount to be apportioned 

2 under subparagraph (A) and make such reduc3 tion available to be apportioned under para4 graph (2), so as to apportion under paragraph 

5 (2) a minimum of $300,000,000.’’. 

6 SEC. 140. REDUCING APPORTIONMENTS. 

7 Section 47114(f)(1) is amended— 

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (A); 

10 (2) in subparagraph (B)— 

11 (A) by inserting ‘‘except as provided by sub12 paragraph (C),’’ before ‘‘in the case’’; and 

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

14 inserting ‘‘; and’’; and 

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

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

17 $4.50 imposed by the sponsor of an airport en18 planing at least one percent of the total number 

19 of boardings each year in the United States, 100 

20 percent of the projected revenues from the charge 

21 in the fiscal year but not more than 100 percent 

22 of the amount that otherwise would be appor23 tioned under this section.’’. 


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1 SEC. 141. 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 $520,000,000.’’. 

5 SEC. 142. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 

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

7 2004 through 2008, and for the portion of fiscal year 2009 

8 ending before April 1, 2009,’’ and inserting, ‘‘fiscal years 

9 2008 through 2012,’’. 

10 SEC. 143. USE OF APPORTIONED AMOUNTS. 

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

12 (1) in the first sentence— 

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

14 ‘‘$300,000,000’’; 

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

16 (C) by inserting before the period at the end 

17 the following: ‘‘, and for water quality mitiga18 tion projects to comply with the Federal Water 

19 Pollution Control Act (33 U.S.C. 1251 et seq.) as 

20 approved in an environmental record of decision 

21 for an airport development project under this 

22 title’’; and 

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

24 percent requirement is’’ and inserting ‘‘the require25 ments of the preceding sentence are’’. 


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1 SEC. 144. 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 the 

11 sale of the airport to a public sponsor if— 

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

13 ‘‘(B) funding is provided under this subtitle 

14 for any portion of the public sponsor’s acquisi15 tion of airport land; and 

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

17 unamortized portion of any airport improvement 

18 grant made to that airport for purposes other 

19 than land acquisition, amortized over a 20-year 

20 period, plus an amount equal to the Federal 

21 share of the current fair market value of any 

22 land acquired with an airport improvement 

23 grant made to that airport on or after October 

24 1, 1996, is repaid to the Secretary by the private 

25 owner. 


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1 ‘‘(3) TREATMENT OF REPAYMENTS.—Repayments 

2 referred to in paragraph (2)(C) shall be treated as a 

3 recovery of prior year obligations.’’. 

4 (b) APPLICABILITY TO GRANTS.—The amendments 

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

6 after October 1, 1996. 

7 SEC. 145. 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 place 

11 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 FUNDS.— 

16 An airport receiving an exemption under subsection (b) 

17 shall be prohibited from receiving apportionments under 

18 section 47114 or discretionary funds under section 47115.’’. 

19 (2) CONFORMING AMENDMENTS.—Section 

20 47134(g) is amended— 

21 (A) in the subsection heading by striking 

22 ‘‘APPORTIONMENTS;’’; 

23 (B) in paragraph (1) by striking the semi24 colon at the end and inserting ‘‘; or’’; 

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


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1 (D) by redesignating paragraph (3) as 

2 paragraph (2). 

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

4 47109(a) is amended— 

5 (1) by striking the semicolon at the end of para6 graph (3) and inserting ‘‘; and’’; 

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

8 (3) by redesignating paragraph (5) as para9 graph (4). 

10 SEC. 146. AIRPORT SECURITY PROGRAM. 

11 (a) GENERAL AUTHORITY.—Section 47137(a) is 

12 amended by inserting ‘‘, in consultation with the Secretary 

13 of Homeland Security,’’ after ‘‘Transportation’’. 

14 (b) IMPLEMENTATION.—Section 47137(b) is amended 

15 to read as follows: 

16 ‘‘(b) IMPLEMENTATION.— 

17 ‘‘(1) IN GENERAL.—In carrying out this section, 

18 the Secretary of Transportation shall provide funding 

19 through a grant, contract, or another agreement de20 scribed in section 106(l)(6) to a nonprofit consortium 

21 that— 

22 ‘‘(A) is composed of public and private per23 sons, including an airport sponsor; and 


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1 ‘‘(B) has at least 10 years of demonstrated 

2 experience in testing and evaluating anti-ter3 rorist technologies at airports. 

4 ‘‘(2) PROJECT SELECTION.—The Secretary shall 

5 select projects under this subsection that— 

6 ‘‘(A) evaluate and test the benefits of inno7 vative aviation security systems or related tech8 nology, including explosives detection systems, 

9 for the purpose of improving aviation and air10 craft physical security, access control, and pas11 senger and baggage screening; and 

12 ‘‘(B) provide testing and evaluation of air13 port security systems and technology in an oper14 ational, testbed environment.’’. 

15 (c) MATCHING SHARE.—Section 47137(c) is amended 

16 by inserting after ‘‘section 47109’’ the following: ‘‘or any 

17 other provision of law’’. 

18 (d) ADMINISTRATION.—Section 47137(e) is amended 

19 by adding at the end the following: ‘‘The Secretary may 

20 enter into an agreement in accordance with section 106(m) 

21 to provide for the administration of any project under the 

22 program.’’. 

23 (e) ELIGIBLE SPONSOR.—Section 47137 is amended 

24 by striking subsection (f) and redesignating subsection (g) 

25 as subsection (f). 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 47137(f) (as so redesignated) is amended by striking 

3 ‘‘$5,000,000’’ and inserting ‘‘$8,500,000’’. 

4 SEC. 147. SUNSET OF PILOT PROGRAM FOR PURCHASE OF 

5 AIRPORT DEVELOPMENT RIGHTS. 

6 Section 47138 is amended by adding at the end the 

7 following: 

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

9 September 30, 2008.’’. 

10 SEC. 148. EXTENSION OF GRANT AUTHORITY FOR COMPAT11 IBLE LAND USE PLANNING AND PROJECTS BY 

12 STATE AND LOCAL GOVERNMENTS. 

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

14 2009’’ and inserting ‘‘September 30, 2012’’. 

15 SEC. 149. REPEAL OF LIMITATIONS ON METROPOLITAN 

16 WASHINGTON AIRPORTS AUTHORITY. 

17 Section 49108, and the item relating to such section 

18 in the analysis for chapter 491, are repealed. 

19 SEC. 150. MIDWAY ISLAND AIRPORT. 

20 Section 186(d) of the Vision 100—Century of Aviation 

21 Reauthorization Act (117 Stat. 2518) is amended by strik22 ing ‘‘for fiscal years ending before October 1, 2008, and for 

23 the portion of fiscal year 2009 ending before April 1, 2009,’’ 

24 and inserting ‘‘October 1, 2012,’’. 


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1 SEC. 151. PUERTO RICO MINIMUM GUARANTEE. 

2 Section 47114(e) is amended— 

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

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

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

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

7 any fiscal year in which the total amount appor8 tioned to airports in Puerto Rico under subsections 

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

10 amount apportioned to all airports under subsections 

11 (c) and (d), the Secretary shall apportion to the Puer12 to Rico Ports Authority for airport development 

13 projects in such fiscal year an amount equal to the 

14 difference between 1.5 percent of the total amounts 

15 apportioned under subsections (c) and (d) in such fis16 cal year and the amount otherwise apportioned under 

17 subsections (c) and (d) to airports in Puerto Rico in 

18 such fiscal year.’’. 

19 SEC. 152. MISCELLANEOUS AMENDMENTS. 

20 (a) TECHNICAL CHANGES TO NATIONAL PLAN OF IN21 TEGRATED AIRPORT SYSTEMS.—Section 47103 is amend22 ed— 

23 (1) in subsection (a)— 

24 (A) by striking ‘‘each airport to—’’ and in25 serting ‘‘the airport system to—’’; 


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

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

3 including connection to the surface transpor4 tation network; and’’; 

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

6 and inserting a period; and 

7 (D) by striking paragraph (3); 

8 (2) in subsection (b)— 

9 (A) in paragraph (1) by striking the semi10 colon and inserting ‘‘; and’’; 

11 (B) by striking paragraph (2) and redesig12 nating paragraph (3) as paragraph (2); and 

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

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

15 Short Takeoff and Landing aircraft operations,’’; 

16 and 

17 (3) in subsection (d) by striking ‘‘status of the’’. 

18 (b) UPDATE VETERANS PREFERENCE DEFINITION.— 

19 Section 47112(c) is amended— 

20 (1) in paragraph (1)— 

21 (A) in subparagraph (B) by striking ‘‘sepa22 rated from’’ and inserting ‘‘discharged or re23 leased from active duty in’’; and 

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


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

2 individual who served on active duty (as defined by 

3 section 101 of title 38) in the Armed Forces for a pe4 riod of more than 180 consecutive days, any part of 

5 which occurred during the period beginning on Sep6 tember 11, 2001, and ending on the date prescribed 

7 by presidential proclamation or by law as the last 

8 date of Operation Iraqi Freedom, and who was sepa9 rated from the Armed Forces under honorable condi10 tions.’’; and 

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

12 and inserting ‘‘veterans, Afghanistan-Iraq war vet13 erans, and’’. 

14 (c) CONSOLIDATION OF TERMINAL DEVELOPMENT

15 PROVISIONS.—Section 47119 is amended— 

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

17 (d) as subsections (b), (c), (d), and (e), respectively; 

18 and 

19 (2) by inserting before subsection (b) (as so re20 designated) the following: 

21 ‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 

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

23 a project for terminal development (including 

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1 producing public-use area of a commercial service 

2 airport— 

3 ‘‘(A) if the sponsor certifies that the airport, 

4 on the date the grant application is submitted to 

5 the Secretary, has— 

6 ‘‘(i) all the safety equipment required 

7 for certification of the airport under section 

8 44706; 

9 ‘‘(ii) all the security equipment re10 quired by regulation; and 

11 ‘‘(iii) provided for access by passengers 

12 to the area of the airport for boarding or 

13 exiting aircraft that are not air carrier air14 craft; 

15 ‘‘(B) if the cost is directly related to moving 

16 passengers and baggage in air commerce within 

17 the airport, including vehicles for moving pas18 sengers between terminal facilities and between 

19 terminal facilities and aircraft; and 

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

21 interests of the Government. 

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

23 AND NONREVENUE-PRODUCING PARKING LOTS.—In 

24 making a decision under paragraph (1), the Secretary 

25 may approve as allowable costs the expenses of terVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 minal development in a revenue-producing area and 

2 construction, reconstruction, repair, and improvement 

3 in a nonrevenue-producing parking lot if— 

4 ‘‘(A) except as provided in section 

5 47108(e)(3), the airport does not have more than 

6 .05 percent of the total annual passenger 

7 boardings in the United States; and 

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

9 airport development project affecting safety, secu10 rity, or capacity will not be deferred because of 

11 the Secretary’s approval.’’; 

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

13 (b) (as redesignated by paragraph (1) of this sub14 section) by striking ‘‘section 47110(d)’’ and inserting 

15 ‘‘subsection (a)’’; 

16 (4) in paragraph (5) of subsection (b) (as redes17 ignated by paragraph (1) of this subsection) by strik18 ing ‘‘subsection (b)(1) and (2)’’ and inserting ‘‘sub19 sections (c)(1) and (c)(2)’’; 

20 (5) in paragraphs (2)(A), (3), and (4) of sub21 section (c) (as redesignated by paragraph (1) of this 

22 subsection) by striking ‘‘section 47110(d) of this title’’ 

23 and inserting ‘‘subsection (a)’’; 

24 (6) in paragraph (2)(B) of subsection (c) (as re25 designated by paragraph (1) of this subsection) by 


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1 striking ‘‘section 47110(d)’’ and inserting ‘‘subsection 

2 (a)’’; 

3 (7) in subsection (c)(5) (as redesignated by para4 graph (1) of this subsection) by striking ‘‘section 

5 47110(d)’’ and inserting ‘‘subsection (a)’’; and 

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

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

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

9 the discretionary fund established under section 47115 for 

10 terminal development projects at a nonhub airport or a 

11 small hub airport that is eligible to receive discretionary 

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

13 (d) ANNUAL REPORT.—Section 47131(a) is amend14 ed— 

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

16 1’’; and 

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

18 and inserting the following: 

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

20 planning completed; 

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

22 ‘‘(3) an accounting of discretionary and appor23 tioned funds allocated; 

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


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1 (e) CORRECTION TO EMISSION CREDITS PROVISION.— 

2 Section 47139 is amended— 

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

4 and 

5 (2) in subsection (b)— 

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

7 (B) by striking ‘‘47103(3)(F),’’. 

8 (f) CONFORMING AMENDMENT TO CIVIL PENALTY AS9 SESSMENT AUTHORITY.—Section 46301(d)(2) is amended 

10 by inserting ‘‘46319,’’ after ‘‘46318,’’. 

11 (g) OTHER CONFORMING AMENDMENTS.— 

12 (1) Sections 40117(a)(3)(B) is amended by strik13 ing ‘‘section 47110(d)’’ and inserting ‘‘section 

14 47119(a)’’. 

15 (2) Section 47108(e)(3) is amended— 

16 (A) by striking ‘‘section 47110(d)(2)’’ and 

17 inserting ‘‘section 47119(a)’’; and 

18 (B) by striking ‘‘section 47110(d)’’ and in19 serting ‘‘section 47119(a)’’. 

20 (h) CORRECTION TO SURPLUS PROPERTY AUTHOR21 ITY.—Section 47151(e) is amended by striking ‘‘(other than 

22 real property’’ and all that follows through ‘‘(10 U.S.C. 

23 2687 note))’’. 

24 (i) AIRPORT CAPACITY BENCHMARK REPORTS.—Sec25 tion 47175(2) is amended by striking ‘‘Airport Capacity 


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

2 Airport Capacity Benchmark Reports or table 1 of the Fed3 eral Aviation Administration’s most recent airport capac4 ity benchmark report’’. 

5 SEC. 153. AIRPORT MASTER PLANS. 

6 Section 47101 is amended by adding at the end the 

7 following: 

8 ‘‘(i) ADDITIONAL GOALS FOR AIRPORT MASTER

9 PLANS.—In addition to the goals set forth in subsection 

10 (g)(2), the Secretary shall encourage airport sponsors and 

11 State and local officials, through Federal Aviation Admin12 istration advisory circulars, to consider customer conven13 ience, airport ground access, and access to airport facilities 

14 in airport master plans.’’. 

15 TITLE II—NEXT GENERATION 

16 AIR TRANSPORTATION SYS17 TEM AND AIR TRAFFIC CON18 TROL MODERNIZATION 

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

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

21 (1) The United States faces a great national 

22 challenge as the Nation’s aviation infrastructure is at 

23 a crossroads. 

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

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1 porting the quality of life of the people of the United 

2 States, and critical in support of the Nation’s defense 

3 and national security, is growing at an ever increas4 ing rate. At the same time, the ability of the United 

5 States air transportation system to expand and 

6 change to meet this increasing demand is limited. 

7 (3) The aviation industry accounts for more 

8 than 11,000,000 jobs in the United States and con9 tributes approximately $741,000,000,000 annually to 

10 the United States gross domestic product. 

11 (4) The United States air transportation system 

12 continues to drive economic growth in the United 

13 States and will continue to be a major economic driv14 er as air traffic triples over the next 20 years. 

15 (5) The Next Generation Air Transportation 

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

17 System’’) is the system for achieving long-term trans18 formation of the United States air transportation sys19 tem that focuses on developing and implementing new 

20 technologies and that will set the stage for the long21 term development of a scalable and more flexible air 

22 transportation system without compromising the un23 precedented safety record of United States aviation. 


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1 (6) The benefits of the NextGen System, in terms 

2 of promoting economic growth and development, are 

3 enormous. 

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

5 the United States air transportation system in the 

6 challenging years ahead. 

7 (b) SENSE OF CONGRESS.—It is the sense of Congress 

8 that— 

9 (1) modernizing the air transportation system is 

10 a national priority and the United States must make 

11 a commitment to revitalizing this essential component 

12 of the Nation’s transportation infrastructure; 

13 (2) one fundamental requirement for the success 

14 of the NextGen System is strong leadership and suffi15 cient resources; 

16 (3) the Joint Planning and Development Office 

17 of the Federal Aviation Administration and the Next 

18 Generation Air Transportation System Senior Policy 

19 Committee, each established by Congress in 2003, will 

20 lead and facilitate this important national mission to 

21 ensure that the programs and capabilities of the 

22 NextGen System are carefully integrated and aligned; 

23 (4) Government agencies and industry must 

24 work together, carefully integrating and aligning 

25 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 De6 partment of Commerce, and the National Aeronautics 

7 and Space Administration must work in cooperation 

8 and make transformational improvements to the 

9 United States air transportation infrastructure a pri10 ority; and 

11 (6) due to the critical importance of the NextGen 

12 System to the economic and national security of the 

13 United States, partner departments and agencies 

14 must be provided with the resources required to com15 plete the implementation of the NextGen System. 

16 SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYS17 TEM JOINT PLANNING AND DEVELOPMENT 

18 OFFICE. 

19 (a) ESTABLISHMENT.— 

20 (1) ASSOCIATE ADMINISTRATOR FOR THE NEXT

21 GENERATION AIR TRANSPORTATION SYSTEM.—Section 

22 709(a) of Vision 100—Century of Aviation Reauthor23 ization Act (49 U.S.C. 40101 note; 117 Stat. 2582) 

24 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 fol5 lowing: 

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 the 

9 Federal Aviation Administration. The Associate Adminis10 trator 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 a semicolon; 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 Next 

22 Generation Air Transportation System imple23 mentation activities and measuring actual oper24 ational experience against those goals, taking 

25 into account noise pollution reduction concerns 


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1 of affected communities to the greatest extent 

2 practicable in establishing the environmental 

3 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 de14 velopment activities that would be moved to the 

15 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 AGEN22 CIES.—Section 709(a)(4) of such Act (as redesignated 

23 by paragraph (1) of this subsection) is amended— 

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

25 ‘‘(4)(A)’’; and 


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

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

3 the National Aeronautics and Space Administration, the 

4 Secretary of Commerce, the Secretary of Homeland Secu5 rity, and the head of any other Federal agency from which 

6 the Secretary of Transportation requests assistance under 

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

8 agency to be responsible for— 

9 ‘‘(i) carrying out the activities of the agency re10 lating to the Next Generation Air Transportation 

11 System in coordination with the Office, including the 

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

13 developing and implementing the integrated work 

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

15 ‘‘(ii) serving as a liaison for the agency in ac16 tivities of the agency relating to the Next Generation 

17 Air Transportation System and coordinating with 

18 other Federal agencies involved in activities relating 

19 to the System; and 

20 ‘‘(iii) ensuring that the agency meets its obliga21 tions as set forth in any memorandum of under22 standing executed by or on behalf of the agency relat23 ing to the Next Generation Air Transportation Sys24 tem. 


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1 ‘‘(C) The head of a Federal agency referred to in sub2 paragraph (B) shall ensure that— 

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

4 the Next Generation Air Transportation System are 

5 clearly communicated to the senior official of the 

6 agency designated under subparagraph (B); and 

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

8 carrying out the responsibilities of the agency relating 

9 to the Next Generation Air Transportation System is 

10 reflected in the official’s annual performance evalua11 tions and compensation. 

12 ‘‘(D) The head of a Federal agency referred to in sub13 paragraph (B) shall— 

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

15 agency to carry out its responsibilities under the 

16 memorandum of understanding under the supervision 

17 of the designated official; and 

18 ‘‘(ii) ensure that the designated official has suffi19 cient budgetary authority and staff resources to carry 

20 out the agency’s Next Generation Air Transportation 

21 System responsibilities as set forth in the integrated 

22 plan under subsection (b). 

23 ‘‘(E) Not later than 6 months after the date of enact24 ment of this subparagraph, the head of each Federal agency 

25 that has responsibility for carrying out any activity under 


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1 the integrated plan under subsection (b) shall execute a 

2 memorandum of understanding with the Office obligating 

3 that agency to carry out the activity.’’. 

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

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

6 adding at the end the following: 

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

8 Office of Management and Budget to develop a process 

9 whereby the Director will identify projects related to the 

10 Next Generation Air Transportation System across the 

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

12 Next Generation Air Transportation System as a unified, 

13 cross-agency program. 

14 ‘‘(B) The Director, to the maximum extent practicable, 

15 shall— 

16 ‘‘(i) ensure that— 

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

18 plan has sufficient funds requested in the Presi19 dent’s budget, as submitted under section 

20 1105(a) of title 31, United States Code, for each 

21 fiscal year covered by the plan to carry out its 

22 responsibilities under the plan; and 

23 ‘‘(II) the development and implementation 

24 of the Next Generation Air Transportation Sys25 tem remains on schedule; 


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1 ‘‘(ii) include, in the President’s budget, a state2 ment of the portion of the estimated budget of each 

3 Federal agency covered by the plan that relates to the 

4 activities of the agency under the Next Generation Air 

5 Transportation System initiative; and 

6 ‘‘(iii) identify and justify as part of the Presi7 dent’s budget submission any inconsistencies between 

8 the plan and amounts requested in the budget. 

9 ‘‘(7) The Associate Administrator of the Next Genera10 tion Air Transportation System shall be a voting member 

11 of the Joint Resources Council of the Federal Aviation Ad12 ministration.’’. 

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

14 (117 Stat. 2583) is amended— 

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

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

17 ‘‘meets anticipated future air’’; and 

18 (B) by striking ‘‘beyond those currently in19 cluded in the Federal Aviation Administration’s 

20 operational evolution plan’’; 

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

22 (3); 

23 (3) by striking the period at the end of para24 graph (4) and inserting ‘‘; and’’; and 

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


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

2 Next Generation Air Transportation System that in3 cludes— 

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

5 achieve the end-state architecture, as expressed in 

6 the concept of operations and enterprise architec7 ture documents, that identifies each Federal 

8 agency or other entity responsible for each activ9 ity in the outline; 

10 ‘‘(B) details on a year-by-year basis of spe11 cific accomplishments, activities, research re12 quirements, rulemakings, policy decisions, and 

13 other milestones of progress for each Federal 

14 agency or entity conducting activities relating to 

15 the Next Generation Air Transportation System; 

16 ‘‘(C) for each element of the Next Genera17 tion Air Transportation System, an outline, on 

18 a year-by-year basis, of what is to be accom19 plished in that year toward meeting the Next 

20 Generation Air Transportation System’s end21 state architecture, as expressed in the concept of 

22 operations and enterprise architecture docu23 ments, as well as identifying each Federal agen24 cy or other entity that will be responsible for 


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1 each component of any research, development, or 

2 implementation program; 

3 ‘‘(D) an estimate of all necessary expendi4 tures on a year-by-year basis, including a state5 ment of each Federal agency or entity’s responsi6 bility for costs and available resources, for each 

7 stage of development from the basic research 

8 stage through the demonstration and implemen9 tation phase; 

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

11 in the development of the Next Generation Air 

12 Transportation System will lead to the following 

13 step and of the implications of not successfully 

14 completing a step in the time period described in 

15 the integrated work plan; 

16 ‘‘(F) a transition plan for the implementa17 tion of the Next Generation Air Transportation 

18 System that includes date-specific milestones for 

19 the implementation of new capabilities into the 

20 national airspace system; 

21 ‘‘(G) date-specific timetables for meeting the 

22 environmental goals identified in subsection 

23 (a)(3)(I); and 

24 ‘‘(H) a description of potentially significant 

25 operational or workforce changes resulting from 


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1 deployment of the Next Generation Air Trans2 portation System.’’. 

3 (c) NEXTGEN IMPLEMENTATION PLAN.—Section 

4 709(d) of such Act (117 Stat. 2584) is amended to read 

5 as follows: 

6 ‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The Admin7 istrator of the Federal Aviation Administration shall de8 velop and publish annually the document known as the 

9 ‘NextGen Implementation Plan’, or any successor docu10 ment, that provides a detailed description of how the agency 

11 is implementing the Next Generation Air Transportation 

12 System.’’. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 709(e) of such Act (117 Stat. 2584) is amended by striking 

15 ‘‘2010’’ and inserting ‘‘2012’’. 

16 (e) CONTINGENCY PLANNING.—The Associate Adminis17 trator for the Next Generation Air Transportation System 

18 shall, as part of the design of the System, develop contin19 gency plans for dealing with the degradation of the System 

20 in the event of a natural disaster, major equipment failure, 

21 or act of terrorism. 

22 SEC. 203. NEXT GENERATION AIR TRANSPORTATION SEN23 IOR POLICY COMMITTEE. 

24 (a) MEETINGS.—Section 710(a) of Vision 100—Cen25 tury of Aviation Reauthorization Act (49 U.S.C. 40101 


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

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

3 twice each year’’. 

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

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

6 ‘‘(e) ANNUAL REPORT.— 

7 ‘‘(1) SUBMISSION TO CONGRESS.—Not later than 

8 one year after the date of enactment of this subsection, 

9 and annually thereafter on the date of submission of 

10 the President’s budget request to Congress under sec11 tion 1105(a) of title 31, United States Code, the Sec12 retary shall submit to the Committee on Transpor13 tation and Infrastructure and the Committee on 

14 Science and Technology of the House of Representa15 tives and the Committee on Commerce, Science, and 

16 Transportation of the Senate a report summarizing 

17 the progress made in carrying out the integrated work 

18 plan required by section 709(b)(5) and any changes 

19 in that plan. 

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

21 ‘‘(A) a copy of the updated integrated work 

22 plan; 

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

24 carrying out the integrated work plan and any 

25 changes in that plan, including any changes 


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1 based on funding shortfalls and limitations set 

2 by the Office of Management and Budget; 

3 ‘‘(C) a detailed description of— 

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

5 of the integrated work plan for the previous 

6 year and relevant information as to why 

7 any milestone was not met; and 

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

9 milestone and what actions will be taken in 

10 the future to account for the failure to com11 plete the milestone; 

12 ‘‘(D) an explanation of any change to fu13 ture years in the integrated work plan and the 

14 reasons for such change; and 

15 ‘‘(E) an identification of the levels of fund16 ing for each agency participating in the inte17 grated work plan devoted to programs and ac18 tivities under the plan for the previous fiscal 

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

20 SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROAD21 CAST SERVICES. 

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

23 (1) IN GENERAL.—The Administrator of the Fed24 eral Aviation Administration shall prepare a report 

25 detailing the program and schedule for integrating 


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1 automatic dependent surveillance-broadcast (in this 

2 section referred to as ‘‘ADS–B’’) technology into the 

3 national airspace system. 

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

5 (A) a description of segment 1 and segment 

6 2 activity to acquire ADS–B services; 

7 (B) a description of plans for implementa8 tion of advanced operational procedures and 

9 ADS–B air-to-air applications; and 

10 (C) a detailed description of the protections 

11 that the Administration will require as part of 

12 any contract or program in the event of a con13 tractor’s default, bankruptcy, acquisition by an14 other entity, or any other event jeopardizing the 

15 uninterrupted provision of ADS–B services. 

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

17 90 days after the date of enactment of this Act, the 

18 Administrator shall submit to the Committee on 

19 Transportation and Infrastructure of the House of 

20 Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate the report 

22 prepared under paragraph (1). 

23 (b) REQUIREMENTS OF FAA CONTRACTS FOR ADS– 

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1 trator with an entity to acquire ADS–B services shall con2 tain terms and conditions that— 

3 (1) require approval by the Administrator before 

4 the contract may be assigned to or assumed by an5 other entity, including any successor entity, sub6 sidiary of the contractor, or other corporate entity; 

7 (2) provide that the assets, equipment, hardware, 

8 and software used in the performance of the contract 

9 be designated as critical national infrastructure for 

10 national security and related purposes; 

11 (3) require the contractor to provide continued 

12 broadcast services for a reasonable period, as deter13 mined by the Administrator, until the provision of 

14 such services can be transferred to another vendor or 

15 to the Government in the event of a termination of the 

16 contract; 

17 (4) require the contractor to provide continued 

18 broadcast services for a reasonable period, as deter19 mined by the Administrator, until the provision of 

20 such services can be transferred to another vendor or 

21 to the Government in the event of material non22 performance, as determined by the Administrator; 

23 and 

24 (5) permit the Government to acquire or utilize 

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1 istrator, the assets, equipment, hardware, and soft2 ware necessary to ensure the continued and uninter3 rupted provision of ADS–B services and to have 

4 ready access to such assets, equipment, hardware, and 

5 software through its own personnel, agents, or others, 

6 if the Administrator provides reasonable compensa7 tion for such acquisition or utilization. 

8 (c) REVIEW BY DOT INSPECTOR GENERAL.— 

9 (1) IN GENERAL.—The Inspector General of the 

10 Department of Transportation shall conduct a review 

11 concerning the Federal Aviation Administration’s 

12 award and oversight of any contract entered into by 

13 the Administration to provide ADS–B services for the 

14 national airspace system. 

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

16 minimum— 

17 (A) an examination of how program risks 

18 are being managed; 

19 (B) an assessment of expected benefits at20 tributable to the deployment of ADS–B services, 

21 including the implementation of advanced oper22 ational procedures and air-to-air applications as 

23 well as to the extent to which ground radar will 

24 be retained; 


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1 (C) a determination of whether the Admin2 istration has established sufficient mechanisms to 

3 ensure that all design, acquisition, operation, 

4 and maintenance requirements have been met by 

5 the contractor; 

6 (D) an assessment of whether the Adminis7 tration and any contractors are meeting cost, 

8 schedule, and performance milestones, as meas9 ured against the original baseline of the Admin10 istration’s program for providing ADS–B serv11 ices; 

12 (E) an assessment of whether security issues 

13 are being adequately addressed in the overall de14 sign and implementation of the ADS–B system; 

15 and 

16 (F) any other matters or aspects relating to 

17 contract implementation and oversight that the 

18 Inspector General determines merit attention. 

19 (3) REPORTS TO CONGRESS.—The Inspector 

20 General shall periodically, on at least an annual 

21 basis, submit to the Committee on Transportation 

22 and Infrastructure of the House of Representatives 

23 and the Committee on Commerce, Science, and Trans24 portation of the Senate a report on the results of the 

25 review conducted under this subsection. 


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1 SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC 

2 CONTROL MODERNIZATION PROJECTS. 

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

4 Aviation Administration shall establish a process for in5 cluding in the planning, development, and deployment of 

6 air traffic control modernization projects (including the 

7 Next Generation Air Transportation System) and collabo8 rating with qualified employees selected by each exclusive 

9 collective bargaining representative of employees of the Ad10 ministration who are likely to be impacted by such plan11 ning, development, and deployment. 

12 (b) PARTICIPATION.— 

13 (1) BARGAINING OBLIGATIONS AND RIGHTS.— 

14 Participation in the process described in subsection 

15 (a) shall not be construed as a waiver of any bar16 gaining obligations or rights under section 

17 40122(a)(1) or 40122(g)(2)(C) of title 49, United 

18 States Code. 

19 (2) CAPACITY AND COMPENSATION.—Exclusive 

20 collective bargaining representatives and selected em21 ployees participating in the process described in sub22 section (a) shall— 

23 (A) serve in a collaborative and advisory 

24 capacity; and 

25 (B) receive appropriate travel and per diem 

26 expenses in accordance with the travel policies of 


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1 the Administration in addition to any regular 

2 compensation and benefits. 

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

4 of enactment of this Act, the Administrator shall submit 

5 to the Committee on Transportation and Infrastructure of 

6 the House of Representatives and the Committee on Com7 merce, Science, and Transportation of the Senate a report 

8 on the implementation of this section. 

9 SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH 

10 TRANSFORMING TO THE NEXT GENERATION 

11 AIR TRANSPORTATION SYSTEM. 

12 (a) IN GENERAL.—The Comptroller General shall con13 duct a review of the progress and challenges associated with 

14 transforming the Nation’s air traffic control system into the 

15 Next Generation Air Transportation System (in this section 

16 referred to as the ‘‘NextGen System’’). 

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

18 (1) An evaluation of the continued implementa19 tion and institutionalization of the processes that are 

20 key to the ability of the Air Traffic Organization to 

21 effectively maintain management structures and sys22 tems acquisitions procedures utilized under the cur23 rent air traffic control modernization program as a 

24 basis for the NextGen System. 


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1 (2) An assessment of the progress and challenges 

2 associated with collaboration and contributions of the 

3 partner agencies working with the Joint Planning 

4 and Development Office of the Federal Aviation Ad5 ministration (in this section referred to as the 

6 ‘‘JPDO’’) in planning and implementing the NextGen 

7 System. 

8 (3) The progress and challenges associated with 

9 coordinating government and industry stakeholders in 

10 activities relating to the NextGen System, including 

11 an assessment of the contributions of the NextGen In12 stitute. 

13 (4) An assessment of planning and implementa14 tion of the NextGen System against established sched15 ules, milestones, and budgets. 

16 (5) An evaluation of the recently modified orga17 nizational structure of the JPDO. 

18 (6) An examination of transition planning by 

19 the Air Traffic Organization and the JPDO. 

20 (7) Any other matters or aspects of planning and 

21 coordination of the NextGen System by the Federal 

22 Aviation Administration and the JPDO that the 

23 Comptroller General determines appropriate. 

24 (c) REPORTS.— 


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1 (1) REPORT TO CONGRESS ON PRIORITIES.—Not 

2 later than one year after the date of enactment of this 

3 Act, the Comptroller General shall determine the pri4 ority of topics to be reviewed under this section and 

5 report such priorities to the Committee on Transpor6 tation and Infrastructure and the Committee on 

7 Science and Technology of the House of Representa8 tives and the Committee on Commerce, Science, and 

9 Transportation of the Senate. 

10 (2) PERIODIC REPORTS TO CONGRESS ON RE11 SULTS OF THE REVIEW.—The Comptroller General 

12 shall periodically submit to the committees referred to 

13 in paragraph (1) a report on the results of the review 

14 conducted under this section. 

15 SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANS16 PORTATION SYSTEM ACQUISITION AND PRO17 CEDURES DEVELOPMENT. 

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

19 review of the progress made and challenges related to the 

20 acquisition of designated technologies and the development 

21 of procedures for the Next Generation Air Transportation 

22 System (in this section referred to as the ‘‘NextGen Sys23 tem’’). 

24 (b) SPECIFIC SYSTEMS REVIEW.—The review shall in25 clude, at a minimum, an examination of the acquisition 


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1 costs, schedule, and other relevant considerations for the fol2 lowing systems: 

3 (1) En Route Automation Modernization 

4 (ERAM). 

5 (2) Standard Terminal Automation Replacement 

6 System/Common Automated Radar Terminal System 

7 (STARS/CARTS). 

8 (3) Automatic Dependent Surveillance-Broadcast 

9 (ADS–B). 

10 (4) System Wide Information Management 

11 (SWIM). 

12 (5) Traffic Flow Management Modernization 

13 (TFM–M). 

14 (c) REVIEW.—The review shall include, at a min15 imum, an assessment of the progress and challenges related 

16 to the development of standards, regulations, and proce17 dures that will be necessary to implement the NextGen Sys18 tem, including required navigation performance, area navi19 gation, the airspace management program, and other pro20 grams and procedures that the Comptroller General identi21 fies as relevant to the transformation of the air traffic sys22 tem. 

23 (d) PERIODIC REPORTS TO CONGRESS ON RESULTS OF

24 THE REVIEW.—The Comptroller General shall periodically 

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1 ture and the Committee on Science and Technology of the 

2 House of Representatives and the Committee on Commerce, 

3 Science, and Transportation of the Senate a report on the 

4 results of the review conducted under this section. 

5 SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPER6 ATIONAL AND APPROACH PROCEDURES BY A 

7 THIRD PARTY. 

8 (a) REVIEW.—The Inspector General of the Depart9 ment of Transportation shall conduct a review regarding 

10 the effectiveness of the oversight activities conducted by the 

11 Federal Aviation Administration in connection with any 

12 agreement with or delegation of authority to a third party 

13 for the development of flight procedures, including public 

14 use procedures, for the national airspace system. 

15 (b) ASSESSMENTS.—The Inspector General shall in16 clude, at a minimum, in the review— 

17 (1) an assessment of the extent to which the Fed18 eral Aviation Administration is relying or intends to 

19 rely on a third party for the development of new pro20 cedures and a determination of whether the Adminis21 tration has established sufficient mechanisms and 

22 staffing to provide safety oversight functions, which 

23 may include quality assurance processes, flight checks, 

24 integration of procedures into the National Aviation 


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1 System, and operational assessments of procedures de2 veloped by third parties; and 

3 (2) an assessment regarding whether the Admin4 istration has sufficient existing personnel and tech5 nical resources or mechanisms to develop such flight 

6 procedures in a safe and efficient manner to meet the 

7 demands of the national airspace system without the 

8 use of third party resources. 

9 (c) REPORT.—Not later than one year after the date 

10 of enactment of this Act, the Inspector General shall submit 

11 to the Committee on Transportation and Infrastructure of 

12 the House of Representatives and the Committee on Com13 merce, Science, and Transportation of the Senate a report 

14 on the results of the review conducted under this section, 

15 including the assessments described in subsection (b). 

16 SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE 

17 FOR NEXT GENERATION AIR TRANSPOR18 TATION SYSTEM. 

19 (a) REVIEW.—The Administrator of the Federal Avia20 tion Administration shall enter into an arrangement with 

21 the National Research Council to review the enterprise ar22 chitecture for the Next Generation Air Transportation Sys23 tem. 

24 (b) CONTENTS.—At a minimum, the review to be con25 ducted under subsection (a) shall— 


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1 (1) highlight the technical activities, including 

2 human-system design, organizational design, and 

3 other safety and human factor aspects of the system, 

4 that will be necessary to successfully transition cur5 rent and planned modernization programs to the fu6 ture system envisioned by the Joint Planning and De7 velopment Office of the Administration; 

8 (2) assess technical, cost, and schedule risk for 

9 the software development that will be necessary to 

10 achieve the expected benefits from a highly automated 

11 air traffic management system and the implications 

12 for ongoing modernization projects; and 

13 (3) include judgments on how risks with automa14 tion efforts for the Next Generation Air Transpor15 tation System can be mitigated based on the experi16 ences of other public or private entities in developing 

17 complex, software-intensive systems. 

18 (c) REPORT.—Not later than one year after the date 

19 of enactment of this Act, the Administrator shall submit 

20 to Congress a report containing the results of the review 

21 conducted pursuant to subsection (a). 

22 SEC. 210. NEXTGEN TECHNOLOGY TESTBED. 

23 Of amounts appropriated under section 48101(a) of 

24 title 49, United States Code, the Administrator of the Fed25 eral Aviation Administration shall use such sums as may 


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1 be necessary for each of the fiscal years 2009 through 2012 

2 to contribute to the establishment by a public-private part3 nership (including a university component with significant 

4 aviation expertise in air traffic management, simulation, 

5 meteorology, and engineering and aviation business) an 

6 airport-based testing site for existing Next Generation Air 

7 Transport System technologies. The Administrator shall en8 sure that next generation air traffic control integrated sys9 tems developed by private industries are installed at the site 

10 for demonstration, operational research, and evaluation by 

11 the Administration. The testing site shall serve a mix of 

12 general aviation and commercial traffic. 

13 SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO 

14 REIMBURSABLE AGREEMENTS. 

15 Section 106(m) is amended in the last sentence by in16 serting ‘‘with or’’ before ‘‘without reimbursement’’. 

17 SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY. 

18 Section 40102(a)(4) is amended— 

19 (1) by redesignating subparagraph (D) as sub20 paragraph (E); 

21 (2) by striking subparagraphs (B) and (C) and 

22 inserting the following: 

23 ‘‘(B) runway lighting and airport surface 

24 visual and other navigation aids; 


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1 ‘‘(C) aeronautical and meteorological infor2 mation to air traffic control facilities or aircraft; 

3 ‘‘(D) communication, navigation, or sur4 veillance equipment for air-to-ground or air-to5 air applications;’’; 

6 (3) in subparagraph (E) (as redesignated by 

7 paragraph (1) of this section)— 

8 (A) by striking ‘‘another structure’’ and in9 serting ‘‘any structure, equipment,’’; and 

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

11 inserting ‘‘; and’’; and 

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

13 ‘‘(F) buildings, equipment, and systems 

14 dedicated to the national airspace system.’’. 

15 SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVEN16 TORY. 

17 Section 40110(a)(2) is amended by striking ‘‘com18 pensation’’ and inserting ‘‘compensation, and the amount 

19 received shall be credited as an offsetting collection to the 

20 account from which the amount was expended and shall re21 main available until expended’’. 

22 SEC. 214. CLARIFICATION TO ACQUISITION REFORM AU23 THORITY. 

24 Section 40110(c) is amended— 


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1 (1) by striking the semicolon at the end of para2 graph (3) and inserting ‘‘; and’’; 

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

4 (3) by redesignating paragraph (5) as para5 graph (4). 

6 SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORI7 TIES. 

8 Section 40113(e) is amended— 

9 (1) in paragraph (1)— 

10 (A) by inserting ‘‘public and private’’ before 

11 ‘‘foreign aviation authorities’’; and 

12 (B) by striking the period at the end of the 

13 first sentence and inserting ‘‘or efficiency. The 

14 Administrator may participate in, and submit 

15 offers in response to, competitions to provide 

16 such services and may contract with foreign 

17 aviation authorities to provide such services con18 sistent with section 106(l)(6). Notwithstanding 

19 any other provision of law or policy, the Admin20 istrator may accept payments received under 

21 this subsection in arrears.’’; and 

22 (2) in paragraph (3) by striking ‘‘credited’’ and 

23 all that follows through the period at the end and in24 serting ‘‘credited as an offsetting collection to the ac25 count from which the expenses were incurred in proVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 viding such services and shall remain available until 

2 expended.’’. 

3 SEC. 216. FRONT LINE MANAGER STAFFING. 

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

5 enactment of this Act, the Administrator of the Federal 

6 Aviation Administration shall initiate a study on front line 

7 manager staffing requirements in air traffic control facili8 ties. 

9 (b) CONSIDERATIONS.—In conducting the study, the 

10 Administrator shall take into consideration— 

11 (1) the number of supervisory positions of oper12 ation requiring watch coverage in each air traffic 

13 control facility; 

14 (2) coverage requirements in relation to traffic 

15 demand; 

16 (3) facility type; 

17 (4) complexity of traffic and managerial respon18 sibilities; 

19 (5) proficiency and training requirements; and 

20 (6) such other factors as the Administrator con21 siders appropriate. 

22 (c) DETERMINATIONS.—The Administrator shall 

23 transmit any determinations made as a result of the study 

24 to the Chief Operating Officer for the air traffic control sys25 tem. 


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1 (d) REPORT.—Not later than one year after the date 

2 of enactment of this Act, the Administrator shall submit 

3 to the Committee on Transportation and Infrastructure of 

4 the House of Representatives and the Committee on Com5 merce, Science, and Transportation of the Senate a report 

6 on the results of the study and a description of any deter7 minations submitted to the Chief Operating Officer under 

8 subsection (c). 

9 SEC. 217. FLIGHT SERVICE STATIONS. 

10 (a) ESTABLISHMENT OF MONITORING SYSTEM.—Not 

11 later than 60 days after the date of enactment of this Act, 

12 the Administrator of the Federal Aviation Administration 

13 shall develop and implement a monitoring system for flight 

14 service specialist staffing and training under service con15 tracts for flight service stations. 

16 (b) COMPONENTS.—At a minimum, the monitoring 

17 system shall include mechanisms to monitor— 

18 (1) flight specialist staffing plans for individual 

19 facilities; 

20 (2) actual staffing levels for individual facilities; 

21 (3) the initial and recurrent certification and 

22 training of flight service specialists on the safety, 

23 operational, and technological aspects of flight serv24 ices, including any certification and training nec25 essary to meet user demand; and 


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1 (4) system outages, excessive hold times, dropped 

2 calls, poor quality briefings, and any other safety or 

3 customer service issues under a contract for flight 

4 service station services. 

5 (c) REPORT TO CONGRESS.—Not later than 90 days 

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

7 shall submit to the Committee on Transportation and In8 frastructure of the House of Representatives and the Com9 mittee on Commerce, Science, and Transportation of the 

10 Senate a report containing— 

11 (1) a description of monitoring system; 

12 (2) if the Administrator determines that contrac13 tual changes or corrective actions are required for the 

14 Administration to ensure that the vendor under a 

15 contract for flight service station services provides safe 

16 and high quality service to consumers, a description 

17 of the changes or actions required; and 

18 (3) a description of the contingency plans of the 

19 Administrator and the protections that the Adminis20 trator will have in place to provide uninterrupted 

21 flight service station services in the event of— 

22 (A) material non-performance of the con23 tract; 

24 (B) a vendor’s default, bankruptcy, or ac25 quisition by another entity; or 


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1 (C) any other event that could jeopardize 

2 the uninterrupted provision of flight service sta3 tion services. 

4 SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CEN5 TER OF EXCELLENCE. 

6 (a) ESTABLISHMENT.—Of the amount appropriated 

7 under section 48101(a) of title 49, United States Code, the 

8 Administrator of the Federal Aviation Administration shall 

9 use such sums as may be necessary for each of fiscal years 

10 2009 through 2012 to contribute to the establishment of a 

11 center of excellence for the research and development of Next 

12 Generation Air Transportation System technologies. 

13 (b) FUNCTIONS.—The center established under sub14 section (a) shall— 

15 (1) leverage the centers of excellence program of 

16 the Federal Aviation Administration, as well as other 

17 resources and partnerships, to enhance the develop18 ment of Next Generation Air Transportation System 

19 technologies within academia and industry; and 

20 (2) provide educational, technical, and analyt21 ical assistance to the Federal Aviation Administra22 tion and other Federal agencies with responsibilities 

23 to research and develop Next Generation Air Trans24 portation System technologies. 


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1 SEC. 219. AIRSPACE REDESIGN. 

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

3 (1) The airspace redesign efforts of the Federal 

4 Aviation Administration will play a critical near5 term role in enhancing capacity, reducing delays, 

6 transitioning to more flexible routing, and ultimately 

7 saving money in fuel costs for airlines and airspace 

8 users. 

9 (2) The critical importance of airspace redesign 

10 efforts is underscored by the fact that they are high11 lighted in strategic plans of the Administration, in12 cluding Flight Plan 2009–2013 and the document 

13 known as the ‘‘NextGen Implementation Plan’’. 

14 (3) Funding cuts have led to delays and deferrals 

15 of critical capacity enhancing airspace redesign ef16 forts. 

17 (4) Several new runways planned for the period 

18 of fiscal years 2009 to 2012 will not provide esti19 mated capacity benefits without additional funds. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi21 tion to amounts authorized by section 106(k) of title 49, 

22 United States Code, there are authorized to be appropriated 

23 to the Administrator of the Federal Aviation Administra24 tion $14,500,000 for fiscal year 2009 and $20,000,000 for 

25 each of fiscal years 2010, 2011, and 2012 to carry out such 


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1 airspace redesign initiatives as the Administrator deter2 mines appropriate. 

3 (c) ADDITIONAL AMOUNTS.—Of the amounts appro4 priated under section 48101(a) of such title, the Adminis5 trator may use $5,000,000 for each of fiscal years 2009, 

6 2010, 2011, and 2012 to carry out such airspace redesign 

7 initiatives as the Administrator determines appropriate. 

8 TITLE III—SAFETY 

9 Subtitle A—General Provisions 

10 SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER11 TIFICATES. 

12 (a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 

13 44703(d) is amended by adding at the end the following: 

14 ‘‘(3) JUDICIAL REVIEW.—A person who is sub15 stantially affected by an order of the Board under 

16 this subsection, or the Administrator if the Adminis17 trator decides that an order of the Board will have a 

18 significant adverse impact on carrying out this sub19 title, may seek judicial review of the order under sec20 tion 46110. The Administrator shall be made a party 

21 to the judicial review proceedings. The findings of fact 

22 of the Board in any such case are conclusive if sup23 ported by substantial evidence.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 1153(c) is 

2 amended by striking ‘‘section 44709 or’’ and inserting ‘‘sec3 tion 44703(d), 44709, or’’. 

4 SEC. 302. RELEASE OF DATA RELATING TO ABANDONED 

5 TYPE CERTIFICATES AND SUPPLEMENTAL 

6 TYPE CERTIFICATES. 

7 (a) RELEASE OF DATA.—Section 44704(a) is amended 

8 by adding at the end the following: 

9 ‘‘(5) RELEASE OF DATA.— 

10 ‘‘(A) IN GENERAL.—Notwithstanding any 

11 other provision of law, the Administrator may 

12 make available upon request to a person seeking 

13 to maintain the airworthiness of an aircraft, en14 gine, propeller, or appliance, engineering data in 

15 the possession of the Administration relating to 

16 a type certificate or a supplemental type certifi17 cate for such aircraft, engine, propeller, or appli18 ance, without the consent of the owner of record, 

19 if the Administrator determines that— 

20 ‘‘(i) the certificate containing the re21 quested data has been inactive for 3 or more 

22 years; 

23 ‘‘(ii) after using due diligence, the Ad24 ministrator is unable to find the owner of 

25 record, or the owner of record’s heir, of the 


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1 type certificate or supplemental certificate; 

2 and 

3 ‘‘(iii) making such data available will 

4 enhance aviation safety. 

5 ‘‘(B) ENGINEERING DATA DEFINED.—In 

6 this section, the term ‘engineering data’ as used 

7 with respect to an aircraft, engine, propeller, or 

8 appliance means type design drawing and speci9 fications for the entire aircraft, engine, propeller, 

10 or appliance or change to the aircraft, engine, 

11 propeller, or appliance, including the original 

12 design data, and any associated supplier data 

13 for individual parts or components approved as 

14 part of the particular certificate for the aircraft 

15 engine, propeller, or appliance.’’. 

16 (b) DESIGN ORGANIZATION CERTIFICATES.—Section 

17 44704(e)(1) is amended by striking ‘‘Beginning 7 years 

18 after the date of enactment of this subsection,’’ and inserting 

19 ‘‘Beginning January 1, 2014,’’. 

20 SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS. 

21 (a) IN GENERAL.—Chapter 447 is amended by adding 

22 at the end the following: 


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1 ‘‘§ 44730. Inspection of foreign repair stations 

2 ‘‘Not later than one year after the date of enactment 

3 of this section, and annually thereafter, the Administrator 

4 of the Federal Aviation Administration shall— 

5 ‘‘(1) submit to Congress a certification that each 

6 foreign repair station that is certified by the Admin7 istrator under part 145 of title 14, Code of Federal 

8 Regulations, and performs work on air carrier air9 craft or components has been inspected by safety in10 spectors of the Administration not fewer than 2 times 

11 in the preceding calendar year; and 

12 ‘‘(2) modify the certification requirements under 

13 such part to include testing for the use of alcohol or 

14 a controlled substance in accordance with section 

15 45102 of any individual performing a safety-sensitive 

16 function at a foreign aircraft repair station, includ17 ing an individual working at a station of a third18 party with whom an air carrier contracts to perform 

19 work on air carrier aircraft or components.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for such 

21 chapter is amended by adding at the end the following: 

‘‘44730. Inspection of foreign repair stations.’’. 

22 SEC. 304. RUNWAY SAFETY. 

23 (a) STRATEGIC RUNWAY SAFETY PLAN.— 

24 (1) IN GENERAL.—Not later than 6 months after 

25 the date of enactment of this Act, the Administrator 


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1 of the Federal Aviation Administration shall develop 

2 and submit to Congress a report containing a stra3 tegic runway safety plan. 

4 (2) CONTENTS OF PLAN.—The strategic runway 

5 safety plan— 

6 (A) shall include, at a minimum— 

7 (i) goals to improve runway safety; 

8 (ii) near- and longer-term actions de9 signed to reduce the severity, number, and 

10 rate of runway incursions; 

11 (iii) timeframes and resources needed 

12 for the actions described in clause (ii); and 

13 (iv) a continuous evaluative process to 

14 track performance toward the goals referred 

15 to in clause (i); and 

16 (B) shall address the increased runway safe17 ty risk associated with the expected increased 

18 volume of air traffic. 

19 (b) PLAN FOR INSTALLATION AND DEPLOYMENT OF

20 SYSTEMS TO PROVIDE ALERTS OF POTENTIAL RUNWAY IN21 CURSIONS.—Not later than December 31, 2009, the Admin22 istrator of the Federal Aviation Administration shall sub23 mit to Congress a report containing a plan for the installa24 tion and deployment of systems the Administration is in25 stalling to alert controllers or flight crews, or both, of potenVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 tial runway incursions. The plan shall be integrated into 

2 the annual NextGen Implementation Plan document of the 

3 Administration or any successor document. 

4 SEC. 305. IMPROVED PILOT LICENSES. 

5 (a) IN GENERAL.—Not later than 6 months after the 

6 date of enactment of this Act, the Administrator of the Fed7 eral Aviation Administration shall begin to issue improved 

8 pilot licenses consistent with the requirements of title 49, 

9 United States Code, and title 14, Code of Federal Regula10 tions. 

11 (b) REQUIREMENTS.—Improved pilots licenses issued 

12 under subsection (a) shall— 

13 (1) be resistant to tampering, alteration, and 

14 counterfeiting; 

15 (2) include a photograph of the individual to 

16 whom the license is issued; and 

17 (3) be capable of accommodating a digital photo18 graph, a biometric identifier, or any other unique 

19 identifier that the Administrator considers necessary. 

20 (c) TAMPERING.—To the extent practical, the Admin21 istrator shall develop methods to determine or reveal wheth22 er any component or security feature of a license issued 

23 under subsection (a) has been tampered, altered, or counter24 feited. 


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1 (d) USE OF DESIGNEES.—The Administrator may use 

2 designees to carry out subsection (a) to the extent feasible 

3 in order to minimize the burdens on pilots. 

4 (e) REPORT.—Not later than 9 months after the date 

5 of enactment of this Act and every 6 months thereafter until 

6 September 30, 2012, the Administrator shall submit to the 

7 Committee on Transportation and Infrastructure of the 

8 House of Representatives and the Committee on Commerce, 

9 Science, and Transportation of the Senate a report on the 

10 issuance of improved pilot licenses under this section. 

11 SEC. 306. FLIGHT CREW FATIGUE. 

12 (a) IN GENERAL.—Not later than 3 months after the 

13 date of enactment of this Act, the Administrator of the Fed14 eral Aviation Administration shall conclude arrangements 

15 with the National Academy of Sciences for a study of pilot 

16 fatigue. 

17 (b) STUDY.—The study shall include consideration 

18 of— 

19 (1) research on pilot fatigue, sleep, and circa20 dian rhythms; 

21 (2) sleep and rest requirements of pilots rec22 ommended by the National Aeronautics and Space 

23 Administration and the National Transportation 

24 Safety Board; and 


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1 (3) Federal Aviation Administration and inter2 national standards regarding flight limitations and 

3 rest for pilots. 

4 (c) REPORT.—Not later than 18 months after initi5 ating the study, the National Academy of Sciences shall 

6 submit to the Administrator a report containing its find7 ings and recommendations regarding the study under sub8 sections (a) and (b), including recommendations with re9 spect to Federal Aviation Administration regulations gov10 erning flight time limitations and rest requirements for pi11 lots. 

12 (d) RULEMAKING.—After the Administrator receives 

13 the report of the National Academy of Sciences, the Admin14 istrator shall consider the findings in the report and update 

15 as appropriate based on scientific data Federal Aviation 

16 Administration regulations governing flight time limita17 tions and rest requirements for pilots. 

18 (e) FLIGHT ATTENDANT FATIGUE.— 

19 (1) STUDY.—The Administrator, acting through 

20 the Civil Aerospace Medical Institute, shall conduct a 

21 study on the issue of flight attendant fatigue. 

22 (2) CONTENTS.—The study shall include the fol23 lowing: 

24 (A) A survey of field operations of flight at25 tendants. 


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1 (B) A study of incident reports regarding 

2 flight attendant fatigue. 

3 (C) Field research on the effects of such fa4 tigue. 

5 (D) A validation of models for assessing 

6 flight attendant fatigue. 

7 (E) A review of international policies and 

8 practices regarding flight limitations and rest of 

9 flight attendants. 

10 (F) An analysis of potential benefits of 

11 training flight attendants regarding fatigue. 

12 (3) REPORT.—Not later than June 30, 2010, the 

13 Administrator shall submit to Congress a report on 

14 the results of the study. 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated such sums as may be nec17 essary to carry out this section. 

18 SEC. 307. OCCUPATIONAL SAFETY AND HEALTH STAND19 ARDS FOR FLIGHT ATTENDANTS ON BOARD 

20 AIRCRAFT. 

21 (a) IN GENERAL.—Chapter 447 (as amended by sec22 tion 303 of this Act) is further amended by adding at the 

23 end the following: 


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1 ‘‘§ 44731. Occupational safety and health standards 

2 for flight attendants on board aircraft 

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

4 Aviation Administration shall prescribe and enforce stand5 ards and regulations to ensure the occupational safety and 

6 health of individuals serving as flight attendants in the 

7 cabin of an aircraft of an air carrier. 

8 ‘‘(b) STANDARDS AND REGULATIONS.—Standards and 

9 regulations issued under this section shall require each air 

10 carrier operating an aircraft in air transportation— 

11 ‘‘(1) to provide for an environment in the cabin 

12 of the aircraft that is free from hazards that could 

13 cause physical harm to a flight attendant working in 

14 the cabin; and 

15 ‘‘(2) to meet minimum standards for the occupa16 tional safety and health of flight attendants who work 

17 in the cabin of the aircraft. 

18 ‘‘(c) RULEMAKING.—In carrying out this section, the 

19 Administrator shall conduct a rulemaking proceeding to ad20 dress, at a minimum, the following areas: 

21 ‘‘(1) Record keeping. 

22 ‘‘(2) Blood borne pathogens. 

23 ‘‘(3) Noise. 

24 ‘‘(4) Sanitation. 

25 ‘‘(5) Hazard communication. 

26 ‘‘(6) Anti-discrimination. 


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1 ‘‘(7) Access to employee exposure and medical 

2 records. 

3 ‘‘(8) Temperature standards for the aircraft 

4 cabin. 

5 ‘‘(d) REGULATIONS.— 

6 ‘‘(1) DEADLINE.—Not later than 3 years after 

7 the date of enactment of this section, the Adminis8 trator shall issue final regulations to carry out this 

9 section. 

10 ‘‘(2) CONTENTS.—Regulations issued under this 

11 subsection shall address each of the issues identified 

12 in subsection (c) and others aspects of the environ13 ment of an aircraft cabin that may cause illness or 

14 injury to a flight attendant working in the cabin. 

15 ‘‘(3) EMPLOYER ACTIONS TO ADDRESS OCCUPA16 TIONAL SAFETY AND HEALTH HAZARDS.—Regulations 

17 issued under this subsection shall set forth clearly the 

18 circumstances under which an air carrier is required 

19 to take action to address occupational safety and 

20 health hazards. 

21 ‘‘(e) ADDITIONAL RULEMAKING PROCEEDINGS.—After 

22 issuing regulations under subsection (c), the Administrator 

23 may conduct additional rulemaking proceedings as the Ad24 ministrator determines appropriate to carry out this sec25 tion. 


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1 ‘‘(f) OVERSIGHT.— 

2 ‘‘(1) CABIN OCCUPATIONAL SAFETY AND HEALTH

3 INSPECTORS.—The Administrator shall establish the 

4 position of Cabin Occupational Safety and Health 

5 Inspector within the Federal Aviation Administration 

6 and shall employ individuals with appropriate quali7 fications and expertise to serve in the position. 

8 ‘‘(2) RESPONSIBILITIES.—Inspectors employed 

9 under this subsection shall be solely responsible for 

10 conducting proper oversight of air carrier programs 

11 implemented under this section. 

12 ‘‘(g) CONSULTATION.—In developing regulations under 

13 this section, the Administrator shall consult with the Ad14 ministrator of the Occupational Safety and Health Admin15 istration, labor organizations representing flight attend16 ants, air carriers, and other interested persons. 

17 ‘‘(h) SAFETY PRIORITY.—In developing and imple18 menting regulations under this section, the Administrator 

19 shall give priority to the safe operation and maintenance 

20 of an aircraft. 

21 ‘‘(i) FLIGHT ATTENDANT DEFINED.—In this section, 

22 the term ‘flight attendant’ has the meaning given that term 

23 by section 44728. 

24 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated such sums as may be necVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 essary to carry out this section. Such sums shall remain 

2 available until expended.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chapter 

4 447 is amended by adding at the end the following: 

‘‘44731. Occupational safety and health standards for flight attendants on board 

aircraft.’’. 

5 SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS 

6 AREAS. 

7 (a) ESTABLISHMENT.—The Administrator of the Fed8 eral Aviation Administration may establish a pilot pro9 gram to improve safety and efficiency by providing surveil10 lance for aircraft flying outside of radar coverage in moun11 tainous areas. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated such sums as may be nec14 essary to carry out this section. Such sums shall remain 

15 available until expended. 

16 SEC. 309. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATH17 ER OBSERVATION TECHNOLOGY. 

18 (a) STUDY.—The Administrator of the Federal Avia19 tion Administration shall conduct a review of off-airport, 

20 low-altitude aircraft weather observation technologies. 

21 (b) SPECIFIC REVIEW.—The review shall include, at 

22 a minimum, an examination of off-airport, low-altitude 

23 weather reporting needs, an assessment of technical alter24 natives (including automated weather observation stations), 


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1 an investment analysis, and recommendations for improv2 ing weather reporting. 

3 (c) REPORT.—Not later than one year after the date 

4 of enactment of this Act, the Administrator shall submit 

5 to Congress a report containing the results of the review. 

6 SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS. 

7 (a) ISSUANCE OF REGULATIONS.—Not later than 3 

8 years after the date of enactment of this Act, the Adminis9 trator of the Federal Aviation Administration shall issue 

10 regulations requiring that all covered maintenance work on 

11 aircraft used to provide air transportation under part 121 

12 of title 14, Code of Federal Regulations, be performed by 

13 individuals in accordance with subsection (b). 

14 (b) PERSONS AUTHORIZED TO PERFORM CERTAIN

15 WORK.—Covered maintenance work for a part 121 air car16 rier shall only be performed by— 

17 (1) an individual employed by the air carrier; 

18 (2) an individual employed by another part 121 

19 air carrier; 

20 (3) an individual employed by a part 145 repair 

21 station; or 

22 (4) an individual employed by a company that 

23 provides contract maintenance workers to a part 145 

24 repair station or part 121 air carrier, if the indi25 vidual— 


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1 (A) meets the requirements of the part 145 

2 repair station or the part 121 air carrier; 

3 (B) works under the direct supervision and 

4 control of the part 145 repair station or part 

5 121 air carrier; and 

6 (C) carries out the work in accordance with 

7 the part 121 air carrier’s maintenance manual 

8 and, if applicable, the part 145 certificate hold9 er’s repair station and quality control manuals. 

10 (c) PLAN.— 

11 (1) DEVELOPMENT.—The Administrator shall 

12 develop a plan to— 

13 (A) require air carriers to identify and pro14 vide to the Administrator a complete listing of 

15 all noncertificated maintenance providers that 

16 perform, before the effective date of the regula17 tions to be issued under subsection (a), covered 

18 maintenance work on aircraft used to provide 

19 air transportation under part 121 of title 14, 

20 Code of Federal Regulations; 

21 (B) validate the lists that air carriers pro22 vide under subparagraph (A) by sampling air 

23 carrier records, such as maintenance activity re24 ports and general vendor listings; and 


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1 (C) include surveillance and oversight by 

2 field inspectors of the Federal Aviation Adminis3 tration for all noncertificated maintenance pro4 viders that perform covered maintenance work 

5 on aircraft used to provide air transportation in 

6 accordance with such part 121. 

7 (2) REPORT TO CONGRESS.—Not later than 6 

8 months after the date of enactment of this Act, the 

9 Administrator shall transmit to Congress a report 

10 containing the plan developed under paragraph (1). 

11 (d) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 (1) COVERED MAINTENANCE WORK.—The term 

14 ‘‘covered maintenance work’’ means maintenance 

15 work that is essential, regularly scheduled, or a re16 quired inspection item, as determined by the Admin17 istrator. 

18 (2) PART 121 AIR CARRIER.—The term ‘‘part 121 

19 air carrier’’ means an air carrier that holds a certifi20 cate issued under part 121 of title 14, Code of Federal 

21 Regulations. 

22 (3) PART 145 REPAIR STATION.—The term ‘‘part 

23 145 repair station’’ means a repair station that holds 

24 a certificate issued under part 145 of title 14, Code 

25 of Federal Regulations. 


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1 (4) NONCERTIFICATED MAINTENANCE PRO2 VIDER.—The term ‘‘noncertificated maintenance pro3 vider’’ means a maintenance provider that does not 

4 hold a certificate issued under part 121 or part 145 

5 of title 14, Code of Federal Regulations. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated such sums as may be nec8 essary for the Administrator to hire additional field safety 

9 inspectors to ensure adequate and timely inspection of 

10 maintenance providers that perform covered maintenance 

11 work. 

12 SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STAND13 ARDS. 

14 (a) RULEMAKING PROCEEDING.—Not later than 180 

15 days after the date of enactment of this Act, the Adminis16 trator of the Federal Aviation Administration shall initiate 

17 a rulemaking proceeding for the purpose of issuing a pro18 posed and final rule that revises the aircraft rescue and fire19 fighting standards (‘‘ARFF’’) under part 139 of title 14, 

20 Code of Federal Regulations, to improve the protection of 

21 the traveling public, other persons, aircraft, buildings, and 

22 the environment from fires and hazardous materials inci23 dents. 


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1 (b) CONTENTS OF PROPOSED AND FINAL RULE.—The 

2 proposed and final rule to be issued under subsection (a) 

3 shall address the following: 

4 (1) The mission of aircraft rescue and fire5 fighting personnel, including responsibilities for pas6 senger egress in the context of other Administration 

7 requirements. 

8 (2) The proper level of staffing. 

9 (3) The timeliness of a response. 

10 (4) The handling of hazardous materials inci11 dents at airports. 

12 (5) Proper vehicle deployment. 

13 (6) The need for equipment modernization. 

14 (c) CONSISTENCY WITH VOLUNTARY CONSENSUS

15 STANDARDS.—The proposed and final rule issued under 

16 subsection (a) shall be, to the extent practical, consistent 

17 with national voluntary consensus standards for aircraft 

18 rescue and firefighting services at airports. 

19 (d) ASSESSMENTS OF POTENTIAL IMPACTS.—In the 

20 rulemaking proceeding initiated under subsection (a), the 

21 Administrator shall assess the potential impact of any revi22 sions to the firefighting standards on airports and air 

23 transportation service. 

24 (e) INCONSISTENCY WITH STANDARDS.—If the pro25 posed or final rule issued under subsection (a) is not conVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 sistent with national voluntary consensus standards for air2 craft rescue and firefighting services at airports, the Admin3 istrator shall submit to the Office of Management and 

4 Budget an explanation of the reasons for such inconsistency 

5 in accordance with section 12(d) of the National Technology 

6 Transfer and Advancement Act of 1995 (15 U.S.C. 272 

7 note; 110 Stat. 783). 

8 (f) FINAL RULE.—Not later than 24 months after the 

9 date of enactment of this Act, the Administrator shall issue 

10 the final rule required by subsection (a). 

11 Subtitle B—Unmanned Aircraft 

12 Systems 

13 SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS IN14 TEGRATION PLAN. 

15 (a) INTEGRATION PLAN.— 

16 (1) COMPREHENSIVE PLAN.—Not later than 9 

17 months after the date of enactment of this Act, the 

18 Secretary, in consultation with representatives of the 

19 aviation industry, shall develop a comprehensive plan 

20 to safely integrate commercial unmanned aircraft sys21 tems into the national airspace system. 

22 (2) MINIMUM REQUIREMENTS.—In developing 

23 the plan under paragraph (1), the Secretary shall, at 

24 a minimum— 


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1 (A) review technologies and research that 

2 will assist in facilitating the safe integration of 

3 commercial unmanned aircraft systems into the 

4 national airspace system; 

5 (B) provide recommendations or projections 

6 for the rulemaking to be conducted under sub7 section (b) to— 

8 (i) define the acceptable standards for 

9 operations and certification of commercial 

10 unmanned aircraft systems; 

11 (ii) ensure that any commercial un12 manned aircraft system includes a detect, 

13 sense, and avoid capability; and 

14 (iii) develop standards and require15 ments for the operator, pilot, and pro16 grammer of a commercial unmanned air17 craft system, including standards and re18 quirements for registration and licensing; 

19 (C) recommend how best to enhance the 

20 technologies and subsystems necessary to effect 

21 the safe and routine operations of commercial 

22 unmanned aircraft systems in the national air23 space system; and 

24 (D) recommend how a phased-in approach 

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1 craft systems into the national airspace system 

2 can best be achieved and a timeline upon which 

3 such a phase-in shall occur. 

4 (3) DEADLINE.—The plan to be developed under 

5 paragraph (1) shall provide for the safe integration of 

6 commercial unmanned aircraft systems into the na7 tional airspace system as soon as possible, but not 

8 later than September 30, 2013. 

9 (4) REPORT TO CONGRESS.—Not later than one 

10 year after the date of enactment of this Act, the Sec11 retary shall submit to Congress a copy of the plan de12 veloped under paragraph (1). 

13 (b) RULEMAKING.—Not later than 18 months after the 

14 date on which the integration plan is submitted to Congress 

15 under subsection (a)(4), the Administrator of the Federal 

16 Aviation Administration shall publish in the Federal Reg17 ister a notice of proposed rulemaking to implement the rec18 ommendations of the integration plan. 

19 (c) AUTHORIZATION.—There are authorized to be ap20 propriated such sums as may be necessary to carry out this 

21 section. 

22 SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIR23 CRAFT SYSTEMS. 

24 (a) IN GENERAL.—Notwithstanding the requirements 

25 of sections 321 and 323, and not later than 6 months after 


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1 the date of enactment of this Act, the Secretary shall deter2 mine if certain unmanned aircraft systems may operate 

3 safely in the national airspace system before completion of 

4 the plan and rulemaking required by section 321 or the 

5 guidance required by section 323. 

6 (b) ASSESSMENT OF UNMANNED AIRCRAFT SYS7 TEMS.—In making the determination under subsection (a), 

8 the Secretary shall determine, at a minimum— 

9 (1) which types of unmanned aircraft systems, if 

10 any, as a result of their size, weight, speed, oper11 ational capability, proximity to airports and popu12 lation areas, and operation within visual line-of-sight 

13 do not create a hazard to users of the national air14 space system or the public or pose a threat to na15 tional security; and 

16 (2) whether a certificate of authorization or an 

17 airworthiness certification under section 44704 of 

18 title 49, United States Code, is required for the oper19 ation of unmanned aircraft systems identified under 

20 paragraph (1). 

21 (c) REQUIREMENTS FOR SAFE OPERATION.—If the 

22 Secretary determines under this section that certain un23 manned aircraft systems may operate safely in the national 

24 airspace system, the Secretary shall establish requirements 


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1 for the safe operation of such aircraft systems in the na2 tional airspace system. 

3 SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS. 

4 Not later than 9 months after the date of enactment 

5 of this Act, the Secretary shall issue guidance regarding the 

6 operation of public unmanned aircraft systems to— 

7 (1) expedite the issuance of a certificate of au8 thorization process; 

9 (2) provide for a collaborative process with pub10 lic agencies to allow for an incremental expansion of 

11 access to the national airspace system as technology 

12 matures and the necessary safety analysis and data 

13 become available and until standards are completed 

14 and technology issues are resolved; and 

15 (3) facilitate the capability of public agencies to 

16 develop and use test ranges, subject to operating re17 strictions required by the Federal Aviation Adminis18 tration, to test and operate unmanned aircraft sys19 tems. 

20 SEC. 324. DEFINITIONS. 

21 In this subtitle, the following definitions apply: 

22 (1) CERTIFICATE OF AUTHORIZATION.—The term 

23 ‘‘certificate of authorization’’ means a Federal Avia24 tion Administration grant of approval for a specific 

25 flight operation. 


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1 (2) DETECT, SENSE, AND AVOID CAPABILITY.— 

2 The term ‘‘detect, sense, and avoid capability’’ means 

3 the technical capability to perform separation assur4 ance and collision avoidance, as defined by the Fed5 eral Aviation Administration. 

6 (3) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The 

7 term ‘‘public unmanned aircraft system’’ means an 

8 unmanned aircraft system that meets the qualifica9 tions and conditions required for operation of a pub10 lic aircraft, as defined by section 40102 of title 49, 

11 United States Code. 

12 (4) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Transportation. 

14 (5) TEST RANGE.—The term ‘‘test range’’ means 

15 a defined geographic area where research and develop16 ment are conducted. 

17 (6) UNMANNED AIRCRAFT.—The term ‘‘un18 manned aircraft’’ means an aircraft that is operated 

19 without the possibility of direct human intervention 

20 from within or on the aircraft. 

21 (7) UNMANNED AIRCRAFT SYSTEM.—The term 

22 ‘‘unmanned aircraft system’’ means an unmanned 

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1 quired to operate safely and efficiently in the national 

2 airspace system. 

3 Subtitle C—Safety and Protections 

4 SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGA5 TION OFFICE. 

6 Section 106 of title 49, United States Code, is amended 

7 by adding at the end the following: 

8 ‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVESTIGA9 TION OFFICE.— 

10 ‘‘(1) ESTABLISHMENT.—There is established in 

11 the Federal Aviation Administration (in this section 

12 referred to as the ‘Agency’) an Aviation Safety Whis13 tleblower Investigation Office (in this subsection re14 ferred to as the ‘Office’). 

15 ‘‘(2) DIRECTOR.— 

16 ‘‘(A) APPOINTMENT.—The head of the Office 

17 shall be the Director, who shall be appointed by 

18 the Secretary of Transportation. 

19 ‘‘(B) QUALIFICATIONS.—The Director shall 

20 have a demonstrated ability in investigations 

21 and knowledge of or experience in aviation. 

22 ‘‘(C) TERM.—The Director shall be ap23 pointed for a term of 5 years. 

24 ‘‘(D) VACANCY.—Any individual appointed 

25 to fill a vacancy in the position of the Director 


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1 occurring before the expiration of the term for 

2 which the individual’s predecessor was appointed 

3 shall be appointed for the remainder of that 

4 term. 

5 ‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 

6 ‘‘(A) AUTHORITY OF DIRECTOR.—The Di7 rector shall— 

8 ‘‘(i) receive complaints and informa9 tion submitted by employees of persons 

10 holding certificates issued under title 14, 

11 Code of Federal Regulations, and employees 

12 of the Agency concerning the possible exist13 ence of an activity relating to a violation of 

14 an order, regulation, or standard of the 

15 Agency or any other provision of Federal 

16 law relating to aviation safety; 

17 ‘‘(ii) assess complaints and informa18 tion submitted under clause (i) and deter19 mine whether a substantial likelihood exists 

20 that a violation of an order, regulation, or 

21 standard of the Agency or any other provi22 sion of Federal law relating to aviation 

23 safety may have occurred; and 

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1 ommendations to the Administrator in 

2 writing for further investigation or correc3 tive actions. 

4 ‘‘(B) DISCLOSURE OF IDENTITIES.—The Di5 rector shall not disclose the identity of an indi6 vidual who submits a complaint or information 

7 under subparagraph (A)(i) unless— 

8 ‘‘(i) the individual consents to the dis9 closure in writing; or 

10 ‘‘(ii) the Director determines, in the 

11 course of an investigation, that the disclo12 sure is unavoidable. 

13 ‘‘(C) INDEPENDENCE OF DIRECTOR.—The 

14 Secretary, the Administrator, or any officer or 

15 employee of the Agency may not prevent or pro16 hibit the Director from initiating, carrying out, 

17 or completing any assessment of a complaint or 

18 information submitted subparagraph (A)(i) or 

19 from reporting to Congress on any such assess20 ment. 

21 ‘‘(D) ACCESS TO INFORMATION.—In con22 ducting an assessment of a complaint or infor23 mation submitted under subparagraph (A)(i), 

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1 ommendations, and other material necessary to 

2 determine whether a substantial likelihood exists 

3 that a violation of an order, regulation, or 

4 standard of the Agency or any other provision of 

5 Federal law relating to aviation safety may have 

6 occurred. 

7 ‘‘(4) RESPONSES TO RECOMMENDATIONS.—The 

8 Administrator shall respond to a recommendation 

9 made by the Director under subparagraph (A)(iii) in 

10 writing and retain records related to any further in11 vestigations or corrective actions taken in response to 

12 the recommendation. 

13 ‘‘(5) INCIDENT REPORTS.—If the Director deter14 mines there is a substantial likelihood that a viola15 tion of an order, regulation, or standard of the Agen16 cy or any other provision of Federal law relating to 

17 aviation safety may have occurred that requires im18 mediate corrective action, the Director shall report the 

19 potential violation expeditiously to the Administrator 

20 and the Inspector General of the Department of 

21 Transportation. 

22 ‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO

23 INSPECTOR GENERAL.—If the Director has reasonable 

24 grounds to believe that there has been a violation of 


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1 Federal criminal law, the Director shall report the 

2 violation expeditiously to the Inspector General. 

3 ‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not later 

4 than October 1 of each year, the Director shall submit 

5 to Congress a report containing— 

6 ‘‘(A) information on the number of submis7 sions of complaints and information received by 

8 the Director under paragraph (3)(A)(i) in the 

9 preceding 12-month period; 

10 ‘‘(B) summaries of those submissions; 

11 ‘‘(C) summaries of further investigations 

12 and corrective actions recommended in response 

13 to the submissions; and 

14 ‘‘(D) summaries of the responses of the Ad15 ministrator to such recommendations.’’. 

16 SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIA17 TIVE. 

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

19 (1) Subsections (a) and (d) of section 40101 of 

20 title 49, United States Code, directs the Federal Avia21 tion Administration (in this section referred to as the 

22 ‘‘Agency’’) to make safety its highest priority. 

23 (2) In 1996, to ensure that there would be no ap24 pearance of a conflict of interest for the Agency in 

25 carrying out its safety responsibilities, Congress 


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1 amended section 40101(d) of such title to remove the 

2 responsibilities of the Agency to promote airlines. 

3 (3) Despite these directives from Congress re4 garding the priority of safety, the Agency issued a vi5 sion statement in which it stated that it has a ‘‘vi6 sion’’ of ‘‘being responsive to our customers and ac7 countable to the public’’ and, in 2003, issued a cus8 tomer service initiative that required aviation inspec9 tors to treat air carriers and other aviation certificate 

10 holders as ‘‘customers’’ rather than regulated entities. 

11 (4) The initiatives described in paragraph (3) 

12 appear to have given regulated entities and Agency 

13 inspectors the impression that the management of the 

14 Agency gives an unduly high priority to the satisfac15 tion of regulated entities regarding its inspection and 

16 certification decisions and other lawful actions of its 

17 safety inspectors. 

18 (5) As a result of the emphasis on customer sat19 isfaction, some managers of the Agency have discour20 aged vigorous enforcement and replaced inspectors 

21 whose lawful actions adversely affected an air carrier. 

22 (b) MODIFICATION OF INITIATIVE.—Not later than 90 

23 days after the date of enactment of this Act, the Adminis24 trator of the Federal Aviation Administration shall modify 


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1 the customer service initiative, mission and vision state2 ments, and other statements of policy of the Agency— 

3 (1) to remove any reference to air carriers or 

4 other entities regulated by the Agency as ‘‘customers’’; 

5 (2) to clarify that in regulating safety the only 

6 customers of the Agency are individuals traveling on 

7 aircraft; and 

8 (3) to clarify that air carriers and other entities 

9 regulated by the Agency do not have the right to select 

10 the employees of the Agency who will inspect their op11 erations. 

12 (c) SAFETY PRIORITY.—In carrying out the Adminis13 trator’s responsibilities, the Administrator shall ensure that 

14 safety is given a higher priority than preventing the dis15 satisfaction of an air carrier or other entity regulated by 

16 the Agency with an employee of the Agency. 

17 SEC. 333. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT 

18 STANDARDS INSPECTORS. 

19 (a) IN GENERAL.—Section 44711 of title 49, United 

20 States Code, is amended by adding at the end the following: 

21 ‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT

22 STANDARDS INSPECTORS.— 

23 ‘‘(1) PROHIBITION.—A person holding an oper24 ating certificate issued under title 14, Code of Federal 

25 Regulations, may not knowingly employ, or make a 


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1 contractual arrangement which permits, an indi2 vidual to act as an agent or representative of the cer3 tificate holder in any matter before the Federal Avia4 tion Administration (in this subsection referred to as 

5 the ‘Agency’) if the individual, in the preceding 2- 

6 year period— 

7 ‘‘(A) served as, or was responsible for over8 sight of, a flight standards inspector of the Agen9 cy; and 

10 ‘‘(B) had responsibility to inspect, or over11 see inspection of, the operations of the certificate 

12 holder. 

13 ‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 

14 For purposes of paragraph (1), an individual shall be 

15 considered to be acting as an agent or representative 

16 of a certificate holder in a matter before the Agency 

17 if the individual makes any written or oral commu18 nication on behalf of the certificate holder to the 

19 Agency (or any of its officers or employees) in connec20 tion with a particular matter, whether or not involv21 ing a specific party and without regard to whether 

22 the individual has participated in, or had responsi23 bility for, the particular matter while serving as a 

24 flight standards inspector of the Agency.’’. 


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1 (b) APPLICABILITY.—The amendment made by sub2 section (a) shall not apply to an individual employed by 

3 a certificate holder as of the date of enactment of this Act. 

4 SEC. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY IN5 SPECTORS. 

6 (a) IN GENERAL.—An individual serving as a prin7 cipal supervisory inspector of the Federal Aviation Admin8 istration (in this section referred to as the ‘‘Agency’’) may 

9 not be responsible for overseeing the operations of a single 

10 air carrier for a continuous period of more than 5 years. 

11 (b) TRANSITIONAL PROVISION.—An individual serving 

12 as a principal supervisory inspector of the Agency with re13 spect to an air carrier as of the date of enactment of this 

14 Act may be responsible for overseeing the operations of the 

15 carrier until the last day of the 5-year period specified in 

16 subsection (a) or last day of the 2-year period beginning 

17 on such date of enactment, whichever is later. 

18 (c) ISSUANCE OF ORDER.—Not later than 30 days 

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

20 of the Federal Aviation Administration shall issue an order 

21 to carry out this section. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

23 authorized to be appropriated to the Administrator such 

24 sums as may be necessary to carry out this section. 


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1 SEC. 335. HEADQUARTERS REVIEW OF AIR TRANSPOR2 TATION OVERSIGHT SYSTEM DATABASE. 

3 (a) REVIEWS.—The Administrator of the Federal 

4 Aviation Administration shall establish a process by which 

5 the air transportation oversight system database of the Fed6 eral Aviation Administration (in this section referred to as 

7 the ‘‘Agency’’) is reviewed by a team of employees of the 

8 Agency on a monthly basis to ensure that— 

9 (1) any trends in regulatory compliance are 

10 identified; and 

11 (2) appropriate corrective actions are taken in 

12 accordance with Agency regulations, advisory direc13 tives, policies, and procedures. 

14 (b) MONTHLY TEAM REPORTS.— 

15 (1) IN GENERAL.—The team of employees con16 ducting a monthly review of the air transportation 

17 oversight system database under subsection (a) shall 

18 submit to the Administrator, the Associate Adminis19 trator for Aviation Safety, and the Director of Flight 

20 Standards a report on the results of the review. 

21 (2) CONTENTS.—A report submitted under para22 graph (1) shall identify— 

23 (A) any trends in regulatory compliance 

24 discovered by the team of employees in con25 ducting the monthly review; and 


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1 (B) any corrective actions taken or proposed 

2 to be taken in response to the trends. 

3 (c) QUARTERLY REPORTS TO CONGRESS.—The Ad4 ministrator, on a quarterly basis, shall submit to the Com5 mittee on Transportation and Infrastructure of the House 

6 of Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate a report on the 

8 results of reviews of the air transportation oversight system 

9 database conducted under this section, including copies of 

10 reports received under subsection (b). 

11 SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING 

12 SYSTEM. 

13 (a) VOLUNTARY DISCLOSURE REPORTING PROGRAM

14 DEFINED.—In this section, the term ‘‘Voluntary Disclosure 

15 Reporting Program’’ means the program established by the 

16 Federal Aviation Administration through Advisory Cir17 cular 00–58A, dated September 8, 2006, including any sub18 sequent revisions thereto. 

19 (b) VERIFICATION.—The Administrator of the Federal 

20 Aviation Administration shall modify the Voluntary Dis21 closure Reporting Program to require inspectors to— 

22 (1) verify that air carriers implement com23 prehensive solutions to correct the underlying causes 

24 of the violations voluntarily disclosed by such air car25 riers; and 


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1 (2) confirm, before approving a final report of a 

2 violation, that the violation, or another violation oc3 curring under the same circumstances, has not been 

4 previously discovered by an inspector or self-disclosed 

5 by the air carrier. 

6 (c) SUPERVISORY REVIEW OF VOLUNTARY SELF DIS7 CLOSURES.—The Administrator shall establish a process by 

8 which voluntary self-disclosures received from air carriers 

9 are reviewed and approved by a supervisor after the initial 

10 review by an inspector. 

11 (d) GAO STUDY.— 

12 (1) IN GENERAL.—The Comptroller General shall 

13 conduct a study of the Voluntary Disclosure Report14 ing Program. 

15 (2) REVIEW.—In conducting the study, the 

16 Comptroller General shall examine, at a minimum, 

17 whether— 

18 (A) there is evidence that voluntary disclo19 sure is resulting in regulated entities discovering 

20 and correcting violations to a greater extent than 

21 would otherwise occur if there was no program 

22 for immunity from enforcement action; 

23 (B) the voluntary disclosure program makes 

24 the Federal Aviation Administration (FAA) 

25 aware of violations that the FAA would not have 


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1 discovered if there was not a program, and if a 

2 violation is disclosed voluntarily, whether the 

3 FAA insists on stronger corrective actions than 

4 would have occurred if the regulated entity knew 

5 of a violation, but FAA did not; 

6 (C) the information the FAA gets under the 

7 program leads to fewer violations by other enti8 ties, either because the information leads other 

9 entities to look for similar violations or because 

10 the information leads FAA investigators to look 

11 for similar violations at other entities; and 

12 (D) there is any evidence that voluntary 

13 disclosure has improved compliance with regula14 tions, either for the entities making disclosures or 

15 for the industry generally. 

16 (3) REPORT.—Not later than one year after the 

17 date of enactment of this Act, the Comptroller General 

18 shall submit to the Committee on Transportation and 

19 Infrastructure of the House of Representatives and 

20 Committee on Commerce, Science, and Transpor21 tation of the Senate a report on the results of the 

22 study conducted under this section. 


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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 add5 ing 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) to 

9 file with the Secretary a monthly report on each flight 

10 of the air carrier that is diverted from its scheduled 

11 destination to another airport and each flight of the 

12 air carrier that departs the gate at the airport at 

13 which the flight originates but is cancelled before 

14 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 subject 

18 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 air7 port; 

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 the 

14 diverted airport; 

15 ‘‘(II) the wheels-off time at the di16 verted 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 depar22 ture— 

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 compile 

10 the information provided in the monthly reports filed 

11 pursuant to paragraph (1) in a single monthly report 

12 and publish such report on the website of the Depart13 ment of Transportation.’’. 

14 (b) EFFECTIVE DATE.—The Secretary of Transpor15 tation shall require monthly reports pursuant to the amend16 ment made by subsection (a) beginning not later than 90 

17 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 by 

23 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 paragraphs (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 Na8 tional Airport in section 93.123(a) of title 14, Code 

9 of Federal Regulations, by a total of 10 slots that are 

10 available for allocation. Such reductions shall be 

11 taken in the 6:00 a.m., 10:00 p.m., or 11:00 p.m. 

12 hours, as determined by the Administrator, in order 

13 to grant exemptions under subsection (a).’’. 

14 (d) SCHEDULING PRIORITY.—Section 41718 is amend15 ed— 

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 operations 

23 conducted by other air carriers granted exemptions pursu24 ant to this section, with the highest scheduling priority to 

25 be afforded to beyond-perimeter operations conducted by 


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1 new entrant air carriers and limited incumbent air car2 riers.’’. 

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 public 

2 interest to do so.’’. 

3 (b) DEADLINE FOR ISSUANCE OF REVISED GUID4 ANCE.—Not later than 90 days after the date of enactment 

5 of this Act, the Secretary of Transportation shall issue re6 vised guidelines governing the rate of compensation payable 

7 under subchapter II of chapter 417 of title 49, United States 

8 Code, that incorporate the amendments made by subsection 

9 (a). 

10 (c) REPORT.—Not later than 2 years after the date of 

11 issuance of revised guidelines pursuant to subsection (b), 

12 the Secretary shall submit to the Committee on Transpor13 tation and Infrastructure of the House of Representatives 

14 and the Committee on Commerce, Science, and Transpor15 tation of the Senate a report on the extent to which the 

16 revised guidelines have been implemented and the impact, 

17 if any, such implementation has had on air carrier per18 formance and community satisfaction with air service for 

19 which compensation is being paid under subchapter II of 

20 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 by 

24 striking ‘‘there is authorized to be appropriated 

25 $77,000,000’’ and inserting ‘‘there is authorized to be apVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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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 amended 

5 by adding at the end the following: 

6 ‘‘(4) DISTRIBUTION OF EXCESS FUNDS.—Of the 

7 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 under 

10 paragraph (1)— 

11 ‘‘(A) one-half shall be made available imme12 diately for obligation and expenditure to carry 

13 out section 41743; and 

14 ‘‘(B) one-half shall be made available imme15 diately for obligation and expenditure to carry 

16 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 be 

21 used’’ and inserting ‘‘amounts made available 

22 under subsection (a)(4)(B)’’; and 

23 (B) in the second sentence by striking ‘‘any 

24 amounts from those fees’’ and inserting ‘‘any of 

25 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 sub9 mit a regional or multistate application to im10 prove 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 enactment 

22 of this section, each air carrier providing covered air trans23 portation at a large hub airport or medium hub airport 


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1 and each operator of a large hub airport or medium hub 

2 airport shall submit to the Secretary of Transportation for 

3 review and approval an emergency contingency plan in ac4 cordance 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 air 

11 carrier shall submit an emergency contingency plan 

12 under subsection (a) for— 

13 ‘‘(A) each large hub airport and medium 

14 hub airport at which the carrier provides covered 

15 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 inven19 tory 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 (a) 

12 shall contain— 

13 ‘‘(1) a description of how the airport operator, to 

14 the maximum extent practicable, will provide for the 

15 deplanement of passengers following excessive delays 

16 and will provide for the sharing of facilities and 

17 make gates available at the airport in an emergency; 

18 and 

19 ‘‘(2) in the case of an airport that is used by an 

20 air carrier or foreign air carrier for flights in foreign 

21 air transportation, a description of how the airport 

22 operator will provide for use of the airport’s terminal, 

23 to the maximum extent practicable, for the processing 

24 of passengers arriving at the airport on such a flight 

25 in the case of an excessive tarmac delay. 


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1 ‘‘(e) UPDATES.— 

2 ‘‘(1) AIR CARRIERS.—An air carrier shall up3 date the emergency contingency plan submitted by the 

4 air carrier under subsection (a) every 3 years and 

5 submit the update to the Secretary for review and ap6 proval. 

7 ‘‘(2) AIRPORTS.—An airport operator shall up8 date the emergency contingency plan submitted by the 

9 airport operator under subsection (a) every 5 years 

10 and submit the update to the Secretary for review 

11 and approval. 

12 ‘‘(f) APPROVAL.— 

13 ‘‘(1) IN GENERAL.—Not later than 9 months 

14 after the date of enactment of this section, the Sec15 retary shall review and approve or require modifica16 tions to emergency contingency plans submitted under 

17 subsection (a) and updates submitted under sub18 section (e) to ensure that the plans and updates will 

19 effectively address emergencies and provide for the 

20 health and safety of passengers. 

21 ‘‘(2) CIVIL PENALTIES.—The Secretary may as22 sess a civil penalty under section 46301 against an 

23 air carrier or airport that does not adhere to an 

24 emergency contingency plan approved under this sub25 section. 


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1 ‘‘(g) MINIMUM STANDARDS.—The Secretary may es2 tablish, as necessary or desirable, minimum standards for 

3 elements in an emergency contingency plan required to be 

4 submitted under this section. 

5 ‘‘(h) PUBLIC ACCESS.—An air carrier or airport re6 quired to submit emergency contingency plans under this 

7 section shall ensure public access to such plan after its ap8 proval under this section on the Internet website of the car9 rier or airport or by such other means as determined by 

10 the Secretary. 

11 ‘‘§ 42302. Consumer complaints 

12 ‘‘(a) CONSUMER COMPLAINTS HOTLINE TELEPHONE

13 NUMBER.—The Secretary of Transportation shall establish 

14 a consumer complaints hotline telephone number for the use 

15 of passengers in air transportation. 

16 ‘‘(b) PUBLIC NOTICE.—The Secretary shall notify the 

17 public of the telephone number established under subsection 

18 (a). 

19 ‘‘(c) NOTICE TO PASSENGERS OF AIR CARRIERS.—An 

20 air carrier providing scheduled air transportation using 

21 aircraft with 30 or more seats shall include on the Internet 

22 Web site of the carrier and on any ticket confirmation and 

23 boarding pass issued by the air carrier— 

24 ‘‘(1) the hotline telephone number established 

25 under subsection (a); 


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1 ‘‘(2) the email address, telephone number, and 

2 mailing address of the air carrier; and 

3 ‘‘(3) the email address, telephone number, and 

4 mailing address of the Aviation Consumer Protection 

5 Division of the Department of Transportation for the 

6 submission of reports by passengers about air travel 

7 service problems. 

8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be nec10 essary to carry out this section. Such sums shall remain 

11 available until expended. 

12 ‘‘§ 42303. Use of insecticides in passenger aircraft 

13 ‘‘(a) INFORMATION TO BE PROVIDED ON THE INTER14 NET.—The Secretary shall establish, and make available to 

15 the general public, an Internet Web site that contains a list16 ing of countries that may require an air carrier or foreign 

17 air carrier to treat an aircraft passenger cabin with insecti18 cides prior to a flight in foreign air transportation to that 

19 country or to apply an aerosol insecticide in an aircraft 

20 cabin used for such a flight when the cabin is occupied with 

21 passengers. 

22 ‘‘(b) REQUIRED DISCLOSURES.—An air carrier, for23 eign air carrier, or ticket agent selling, in the United 

24 States, a ticket for a flight in foreign air transportation 


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1 to a country listed on the Internet Web site established 

2 under subsection (a) shall— 

3 ‘‘(1) disclose, on its own Internet Web site or 

4 through other means, that the destination country 

5 may require the air carrier or foreign air carrier to 

6 treat an aircraft passenger cabin with insecticides 

7 prior to the flight or to apply an aerosol insecticide 

8 in an aircraft cabin used for such a flight when the 

9 cabin is occupied with passengers; and 

10 ‘‘(2) refer the purchaser of the ticket to the Inter11 net Web site established under subsection (a) for addi12 tional information.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for subtitle 

14 VII is amended by inserting after the item relating to chap15 ter 421 the following: 

‘‘423. Air Passenger Service Improvements ................................................... 42301’’. 

16 (c) PENALTIES.—Section 46301 is amended in sub17 sections (a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 423,’’ 

18 after ‘‘chapter 421,’’. 

19 (d) APPLICABILITY OF REQUIREMENTS.—Except as 

20 otherwise specifically provided, the requirements of chapter 

21 423 of title 49, United States Code, as added by this section, 

22 shall begin to apply 60 days after the date of enactment 

23 of this Act. 

24 SEC. 407. CONTENTS OF COMPETITION PLANS. 

25 Section 47106(f)(2) is amended— 


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1 (1) by striking ‘‘patterns of air service,’’; 

2 (2) by inserting ‘‘and’’ before ‘‘whether’’; and 

3 (3) by striking ‘‘, and airfare levels’’ and all that 

4 follows before the period. 

5 SEC. 408. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

6 Section 47107(s)(3) is amended by striking ‘‘April 1, 

7 2009’’ and inserting ‘‘September 30, 2012’’. 

8 SEC. 409. CONTRACT TOWER PROGRAM. 

9 (a) COST-BENEFIT REQUIREMENT.—Section 47124(b) 

10 is amended— 

11 (1) by striking ‘‘(1) The Secretary’’ and insert12 ing the following: 

13 ‘‘(1) CONTRACT TOWER PROGRAM.— 

14 ‘‘(A) CONTINUATION AND EXTENSION.—The 

15 Secretary’’; 

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

17 following: 

18 ‘‘(B) SPECIAL RULE.—If the Secretary de19 termines that a tower already operating under 

20 the program continued under this paragraph has 

21 a benefit to cost ratio of less than 1.0, the airport 

22 sponsor or State or local government having ju23 risdiction over the airport shall not be required 

24 to pay the portion of the costs that exceeds the 


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1 benefit for a period of 18 months after such de2 termination is made. 

3 ‘‘(C) USE OF EXCESS FUNDS.—If the Sec4 retary finds that all or part of an amount made 

5 available to carry out the program continued 

6 under this paragraph is not required during a 

7 fiscal year, the Secretary may use, during such 

8 fiscal year, the amount not so required to carry 

9 out the program established under paragraph 

10 (3).’’; and 

11 (3) by striking ‘‘(2) The Secretary’’ and insert12 ing the following: 

13 ‘‘(2) GENERAL AUTHORITY.—The Secretary’’. 

14 (b) CONTRACT AIR TRAFFIC CONTROL TOWER COST15 SHARING PROGRAM.— 

16 (1) FUNDING.—Section 47124(b)(3)(E) is 

17 amended— 

18 (A) by striking ‘‘and’’; and 

19 (B) by inserting ‘‘, $8,500,000 for fiscal 

20 year 2008, $9,000,000 for fiscal year 2009, 

21 $9,500,000 for fiscal year 2010, $10,000,000 for 

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

23 2012’’ after ‘‘2007’’. 

24 (2) USE OF EXCESS FUNDS.—Section 

25 47124(b)(3) is amended— 


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1 (A) by redesignating subparagraph (E) (as 

2 amended by paragraph (1) of this subsection) as 

3 subparagraph (F); and 

4 (B) by inserting after subparagraph (D) the 

5 following: 

6 ‘‘(E) USE OF EXCESS FUNDS.—If the Sec7 retary finds that all or part of an amount made 

8 available under this subparagraph is not re9 quired during a fiscal year to carry out this 

10 paragraph, the Secretary may use, during such 

11 fiscal year, the amount not so required to carry 

12 out the program continued under paragraph 

13 (1).’’. 

14 (c) FEDERAL SHARE.—Section 47124(b)(4)(C) is 

15 amended by striking ‘‘$1,500,000’’ and inserting 

16 ‘‘$2,000,000’’. 

17 (d) SAFETY AUDITS.—Section 47124 is amended by 

18 adding at the end the following: 

19 ‘‘(c) SAFETY AUDITS.—The Secretary shall establish 

20 uniform standards and requirements for safety assessments 

21 of air traffic control towers that receive funding under this 

22 section.’’. 

23 SEC. 410. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 

24 (a) FINDINGS.—Congress finds that— 


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1 (1) the Armed Forces is comprised of approxi2 mately 1,400,000 members who are stationed on ac3 tive duty at more than 6,000 military bases in 146 

4 different countries; 

5 (2) the United States is indebted to the members 

6 of the Armed Forces, many of whom are in grave 

7 danger due to their engagement in, or exposure to, 

8 combat; 

9 (3) military service, especially in the current 

10 war against terrorism, often requires members of the 

11 Armed Forces to be separated from their families on 

12 short notice, for long periods of time, and under very 

13 stressful conditions; 

14 (4) the unique demands of military service often 

15 preclude members of the Armed Forces from pur16 chasing discounted advance airline tickets in order to 

17 visit their loved ones at home and require members of 

18 the Armed Forces to travel with heavy bags; and 

19 (5) it is the patriotic duty of the people of the 

20 United States to support the members of the Armed 

21 Forces who are defending the Nation’s interests 

22 around the world at great personal sacrifice. 

23 (b) SENSE OF CONGRESS.—It is the sense of Congress 

24 that each United States air carrier should— 


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1 (1) establish for all members of the Armed Forces 

2 on active duty reduced air fares that are comparable 

3 to the lowest airfare for ticketed flights; and 

4 (2) offer flexible terms that allow members of the 

5 Armed Forces on active duty to purchase, modify, or 

6 cancel tickets without time restrictions, fees, and pen7 alties and waive baggage fees for a minimum of 3 

8 bags. 

9 SEC. 411. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR10 TICIPATION PROGRAM. 

11 (a) REPEAL.—Section 41747 of title 49, United States 

12 Code, and the item relating to such section in the analysis 

13 for chapter 417 of such title, are repealed. 

14 (b) APPLICABILITY.—Title 49, United States Code, 

15 shall be applied as if section 41747 of such title had not 

16 been enacted. 

17 SEC. 412. ADJUSTMENT TO SUBSIDY CAP TO REFLECT IN18 CREASED FUEL COSTS. 

19 (a) IN GENERAL.—The $200 per passenger subsidy 

20 cap initially established by Public Law 103–122 (107 Stat. 

21 1198; 1201) and made permanent by section 332 of Public 

22 Law 106–69 (113 Stat. 1022) shall be increased by an 

23 amount necessary to account for the increase, if any, in 

24 the cost of aviation fuel in the 24 months preceding the date 

25 of enactment of this Act, as determined by the Secretary. 


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1 (b) ADJUSTMENT OF CAP.—Not later than 60 days 

2 after the date of enactment of this Act, the Secretary shall 

3 publish in the Federal Register the increased subsidy cap 

4 as an interim final rule, pursuant to which public comment 

5 will be sought and a final rule issued. 

6 (c) LIMITATION ON ELIGIBILITY.—A community that 

7 has been determined, pursuant to a final order issued by 

8 the Department of Transportation before the date of enact9 ment of this Act, to be ineligible for subsidized air service 

10 under subchapter II of chapter 417 of title 49, United States 

11 Code, shall not be eligible for the increased subsidy cap es12 tablished pursuant to this section. 

13 SEC. 413. NOTICE TO COMMUNITIES PRIOR TO TERMI14 NATION OF ELIGIBILITY FOR SUBSIDIZED ES15 SENTIAL AIR SERVICE. 

16 Section 41733 of title 49, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TERMI19 NATION OF ELIGIBILITY.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall notify 

21 each community receiving basic essential air service 

22 for which compensation is being paid under this sub23 chapter on or before the 45th day before issuing any 

24 final decision to end the payment of such compensa25 tion due to a determination by the Secretary that 


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1 providing such service requires a rate of subsidy per 

2 passenger in excess of the subsidy cap. 

3 ‘‘(2) PROCEDURES TO AVOID TERMINATION.— 

4 The Secretary shall establish, by order, procedures by 

5 which each community notified of an impending loss 

6 of subsidy under paragraph (1) may work directly 

7 with an air carrier to ensure that the air carrier is 

8 able to submit a proposal to the Secretary to provide 

9 essential air service to such community for an 

10 amount of compensation that would not exceed the 

11 subsidy cap. 

12 ‘‘(3) ASSISTANCE PROVIDED.—The Secretary 

13 shall provide, by order, to each community notified 

14 under paragraph (1) information regarding— 

15 ‘‘(A) the procedures established pursuant to 

16 paragraph (2); and 

17 ‘‘(B) the maximum amount of compensation 

18 that could be provided under this subchapter to 

19 an air carrier serving such community that 

20 would comply with the subsidy cap. 

21 ‘‘(4) SUBSIDY CAP DEFINED.—In this subsection, 

22 the term ‘subsidy cap’ means the subsidy cap estab23 lished by section 332 of Public Law 106–69, includ24 ing any increase to that subsidy cap established by 


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1 the Secretary pursuant to the FAA Reauthorization 

2 Act of 2009.’’. 

3 SEC. 414. RESTORATION OF ELIGIBILITY TO A PLACE DE4 TERMINED BY THE SECRETARY TO BE INELI5 GIBLE FOR SUBSIDIZED ESSENTIAL AIR SERV6 ICE. 

7 Section 41733 (as amended by section 413 of this Act) 

8 is further amended by adding at the end the following: 

9 ‘‘(g) PROPOSALS OF STATE AND LOCAL GOVERNMENTS

10 TO RESTORE ELIGIBILITY.— 

11 ‘‘(1) IN GENERAL.—If the Secretary, after the 

12 date of enactment of this subsection, ends payment of 

13 compensation to an air carrier for providing basic es14 sential air service to an eligible place because the Sec15 retary has determined that providing such service re16 quires a rate of subsidy per passenger in excess of the 

17 subsidy cap (as defined in subsection (f)), a State or 

18 local government may submit to the Secretary a pro19 posal for restoring compensation for such service. 

20 Such proposal shall be a joint proposal of the State 

21 or local government and an air carrier. 

22 ‘‘(2) DETERMINATION BY SECRETARY.—If a 

23 State or local government submits to the Secretary a 

24 proposal under paragraph (1) with respect to an eli25 gible place, and the Secretary determines that— 


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1 ‘‘(A) the rate of subsidy per passenger under 

2 the proposal does not exceed the subsidy cap (as 

3 defined in subsection (f)); and 

4 ‘‘(B) the proposal is consistent with the 

5 legal and regulatory requirements of the essential 

6 air service program, 

7 the Secretary shall issue an order restoring the eligi8 bility of the otherwise eligible place to receive basic es9 sential air service by an air carrier for compensation 

10 under subsection (c).’’. 

11 SEC. 415. OFFICE OF RURAL AVIATION. 

12 (a) IN GENERAL.—Subchapter II of chapter 417 is 

13 amended by adding at the end the following: 

14 ‘‘§ 41749. Office of Rural Aviation 

15 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor16 tation shall establish within the Department of Transpor17 tation an office to be known as the ‘Office of Rural Avia18 tion’ (in this section referred to as the ‘Office’). 

19 ‘‘(b) FUNCTIONS.—The Office shall— 

20 ‘‘(1) monitor the status of air service to small 

21 communities; 

22 ‘‘(2) develop proposals to improve air service to 

23 small communities; and 

24 ‘‘(3) carry out such other functions as the Sec25 retary considers appropriate.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for sub2 chapter II of chapter 417 is amended by adding at the end 

3 the following: 

‘‘41749. Office of Rural Aviation.’’. 

4 SEC. 416. ADJUSTMENTS TO COMPENSATION FOR SIGNIFI5 CANTLY INCREASED COSTS. 

6 (a) EMERGENCY ACROSS-THE-BOARD ADJUSTMENT.— 

7 Subject to the availability of funds, the Secretary may in8 crease the rates of compensation payable to air carriers 

9 under subchapter II of chapter 417 of title 49, United States 

10 Code, to compensate such carriers for increased aviation 

11 fuel costs, without regard to any agreement or requirement 

12 relating to the renegotiation of contracts or any notice re13 quirement under section 41734 of such title. 

14 (b) EXPEDITED PROCESS FOR ADJUSTMENTS TO INDI15 VIDUAL CONTRACTS.— 

16 (1) IN GENERAL.—Section 41734(d) of title 49, 

17 United States Code, is amended by striking ‘‘continue 

18 to pay’’ and all that follows through ‘‘compensation 

19 sufficient—’’ and inserting ‘‘provide the carrier with 

20 compensation sufficient—’’. 

21 (2) EFFECTIVE DATE.—The amendment made by 

22 paragraph (1) shall apply to compensation to air car23 riers for air service provided after the 30th day fol24 lowing the date of enactment of this Act. 


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1 SEC. 417. REVIEW OF AIR CARRIER FLIGHT DELAYS, CAN2 CELLATIONS, AND ASSOCIATED CAUSES. 

3 (a) REVIEW.—The Inspector General of the Depart4 ment of Transportation shall conduct a review regarding 

5 air carrier flight delays, cancellations, and associated 

6 causes to update its 2000 report numbered CR–2000–112 

7 and entitled ‘‘Audit of Air Carrier Flight Delays and Can8 cellations’’. 

9 (b) ASSESSMENTS.—In conducting the review under 

10 subsection (a), the Inspector General shall assess— 

11 (1) the need for an update on delay and can12 cellation statistics, such as number of chronically de13 layed flights and taxi-in and taxi-out times; 

14 (2) air carriers’ scheduling practices; 

15 (3) the need for a re-examination of capacity 

16 benchmarks at the Nation’s busiest airports; and 

17 (4) the impact of flight delays and cancellations 

18 on air travelers, including recommendations for pro19 grams that could be implemented to address the im20 pact of flight delays on air travelers. 

21 (c) REPORT.—Not later than one year after the date 

22 of enactment of this Act, the Inspector General shall submit 

23 to the Committee on Transportation and Infrastructure of 

24 the House of Representatives and the Committee on Com25 merce, Science, and Transportation of the Senate a report 


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1 on the results of the review conducted under this section, 

2 including the assessments described in subsection (b). 

3 SEC. 418. EUROPEAN UNION RULES FOR PASSENGER 

4 RIGHTS. 

5 (a) IN GENERAL.—The Comptroller General shall con6 duct a study to evaluate and compare the regulations of 

7 the European Union and the United States on compensa8 tion and other consideration offered to passengers who are 

9 denied boarding or whose flights are cancelled or delayed. 

10 (b) SPECIFIC STUDY REQUIREMENTS.—The study 

11 shall include an evaluation and comparison of the regula12 tions based on costs to the air carriers, preferences of pas13 sengers for compensation or other consideration, and forms 

14 of compensation. In conducting the study, the Comptroller 

15 General shall also take into account the differences in struc16 ture and size of the aviation systems of the European Union 

17 and the United States. 

18 (c) REPORT.—Not later than one year after the date 

19 of enactment of this Act, the Comptroller General shall sub20 mit a report to Congress on the results of the study. 

21 SEC. 419. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 

22 AVIATION CONSUMER PROTECTION. 

23 (a) IN GENERAL.—The Secretary of Transportation 

24 shall establish an advisory committee for aviation consumer 

25 protection (in this section referred to as the ‘‘advisory comVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 mittee’’) to advise the Secretary in carrying out air pas2 senger service improvements, including those required by 

3 chapter 423 of title 49, United States Code. 

4 (b) MEMBERSHIP.—The Secretary shall appoint 8 

5 members to the advisory committee as follows: 

6 (1) Two representatives of air carriers required 

7 to submit emergency contingency plans pursuant to 

8 section 42301 of title 49, United States Code. 

9 (2) Two representatives of the airport operators 

10 required to submit emergency contingency plans pur11 suant to section 42301 of such title. 

12 (3) Two representatives of State and local gov13 ernments who have expertise in aviation consumer 

14 protection matters. 

15 (4) Two representatives of nonprofit public inter16 est groups who have expertise in aviation consumer 

17 protection matters. 

18 (c) VACANCIES.—A vacancy in the advisory committee 

19 shall be filled in the manner in which the original appoint20 ment was made. 

21 (d) TRAVEL EXPENSES.—Members of the advisory 

22 committee shall serve without pay but shall receive travel 

23 expenses, including per diem in lieu of subsistence, in ac24 cordance with subchapter I of chapter 57 of title 5, United 

25 States Code. 


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1 (e) CHAIRPERSON.—The Secretary shall designate, 

2 from among the individuals appointed under subsection (b), 

3 an individual to serve as chairperson of the advisory com4 mittee. 

5 (f) DUTIES.—The duties of the advisory committee 

6 shall include the following: 

7 (1) Evaluating existing aviation consumer pro8 tection programs and providing recommendations for 

9 the improvement of such programs, if needed. 

10 (2) Providing recommendations to establish ad11 ditional aviation consumer protection programs, if 

12 needed. 

13 (g) REPORT.—Not later than February 1 of each year 

14 beginning after the date of enactment of this Act, the Sec15 retary shall transmit to Congress a report containing— 

16 (1) each recommendation made by the advisory 

17 committee during the preceding calendar year; and 

18 (2) an explanation of how the Secretary has im19 plemented each recommendation and, for each rec20 ommendation not implemented, the Secretary’s reason 

21 for not implementing the recommendation. 

22 SEC. 420. DENIED BOARDING COMPENSATION. 

23 Not later than May 19, 2010, and every 2 years there24 after, the Secretary shall evaluate the amount provided for 


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1 denied boarding compensation and issue a regulation to ad2 just such compensation as necessary. 

3 SEC. 421. COMPENSATION FOR DELAYED BAGGAGE. 

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

5 study to— 

6 (1) examine delays in the delivery of checked 

7 baggage to passengers of air carriers; and 

8 (2) make recommendations for establishing min9 imum standards to compensate a passenger in the 

10 case of an unreasonable delay in the delivery of 

11 checked baggage. 

12 (b) CONSIDERATION.—In conducting the study, the 

13 Comptroller General shall take into account the additional 

14 fees for checked baggage that are imposed by many air car15 riers and how the additional fees should improve an air 

16 carrier’s baggage performance. 

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

18 of enactment of this Act, the Comptroller General shall 

19 transmit to Congress a report on the results of the study. 

20 SEC. 422. SCHEDULE REDUCTION. 

21 (a) IN GENERAL.—If the Administrator of the Federal 

22 Aviation Administration determines that: (1) the aircraft 

23 operations of air carriers during any hour at an airport 

24 exceeds the hourly maximum departure and arrival rate es25 tablished by the Administrator for such operations; and (2) 


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1 the operations in excess of the maximum departure and ar2 rival rate for such hour at such airport are likely to have 

3 a significant adverse effect on the national or regional air4 space system, the Administrator shall convene a conference 

5 of such carriers to reduce pursuant to section 41722, on a 

6 voluntary basis, the number of such operations to less than 

7 such maximum departure and arrival rate. 

8 (b) NO AGREEMENT.—If the air carriers participating 

9 in a conference with respect to an airport under subsection 

10 (a) are not able to agree to a reduction in the number of 

11 flights to and from the airport to less than the maximum 

12 departure and arrival rate, the Administrator shall take 

13 such action as is necessary to ensure such reduction is im14 plemented. 

15 (c) QUARTERLY REPORTS.—Beginning 3 months after 

16 the date of enactment of this Act and every 3 months there17 after, the Administrator shall submit to Congress a report 

18 regarding scheduling at the 35 airports that have the great19 est number of passenger enplanements, including each oc20 currence in which hourly scheduled aircraft operations of 

21 air carriers at such an airport exceed the hourly maximum 

22 departure and arrival rate at any such airport. 


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1 SEC. 423. EXPANSION OF DOT AIRLINE CONSUMER COM2 PLAINT INVESTIGATIONS. 

3 (a) IN GENERAL.—Subject to the availability of appro4 priations, the Secretary of Transportation shall investigate 

5 consumer complaints regarding— 

6 (1) flight cancellations; 

7 (2) compliance with Federal regulations con8 cerning overbooking seats on flights; 

9 (3) lost, damaged, or delayed baggage, and dif10 ficulties with related airline claims procedures; 

11 (4) problems in obtaining refunds for unused or 

12 lost tickets or fare adjustments; 

13 (5) incorrect or incomplete information about 

14 fares, discount fare conditions and availability, over15 charges, and fare increases; 

16 (6) the rights of passengers who hold frequent 

17 flier miles or equivalent redeemable awards earned 

18 through customer-loyalty programs; and 

19 (7) deceptive or misleading advertising. 

20 (b) BUDGET NEEDS REPORT.—The Secretary shall 

21 provide, as an annex to its annual budget request, an esti22 mate of resources which would have been sufficient to inves23 tigate all such claims the Department of Transportation re24 ceived in the previous fiscal year. The annex shall be trans25 mitted to Congress when the President submits the budget 


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1 of the United States to the Congress under section 1105 of 

2 title 31, United States Code. 

3 SEC. 424. PROHIBITIONS AGAINST VOICE COMMUNICA4 TIONS USING MOBILE COMMUNICATIONS DE5 VICES ON SCHEDULED FLIGHTS. 

6 (a) IN GENERAL.—Subchapter I of chapter 417 of title 

7 49, United States Code, is amended by adding at the end 

8 the following: 

9 ‘‘§ 41724. Prohibitions against voice communications 

10 using mobile communications devices on 

11 scheduled flights 

12 ‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR13 TATION.— 

14 ‘‘(1) IN GENERAL.—An individual may not en15 gage in voice communications using a mobile commu16 nications device in an aircraft during a flight in 

17 scheduled passenger interstate air transportation or 

18 scheduled passenger intrastate air transportation. 

19 ‘‘(2) EXCEPTIONS.—The prohibition described in 

20 paragraph (1) shall not apply to— 

21 ‘‘(A) a member of the flight crew or flight 

22 attendants on an aircraft; or 

23 ‘‘(B) a Federal law enforcement officer act24 ing in an official capacity. 

25 ‘‘(b) FOREIGN AIR TRANSPORTATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of Transpor2 tation shall require all air carriers and foreign air 

3 carriers to adopt the prohibition described in sub4 section (a) with respect to the operation of an aircraft 

5 in scheduled passenger foreign air transportation. 

6 ‘‘(2) ALTERNATE PROHIBITION.—If a foreign 

7 government objects to the application of paragraph 

8 (1) on the basis that paragraph (1) provides for an 

9 extraterritorial application of the laws of the United 

10 States, the Secretary may waive the application of 

11 paragraph (1) to a foreign air carrier licensed by 

12 that foreign government until such time as an alter13 native prohibition on voice communications using a 

14 mobile communications device during flight is nego15 tiated by the Secretary with such foreign government 

16 through bilateral negotiations. 

17 ‘‘(c) DEFINITIONS.—In this section, the following defi18 nitions apply: 

19 ‘‘(1) FLIGHT.—The term ‘flight’ means the pe20 riod beginning when an aircraft takes off and ending 

21 when an aircraft lands. 

22 ‘‘(2) VOICE COMMUNICATIONS USING A MOBILE

23 COMMUNICATIONS DEVICE.— 


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1 ‘‘(A) INCLUSIONS.—The term ‘voice commu2 nications using a mobile communications device’ 

3 includes voice communications using— 

4 ‘‘(i) a commercial mobile radio service 

5 or other wireless communications device; 

6 ‘‘(ii) a broadband wireless device or 

7 other wireless device that transmits data 

8 packets using the Internet Protocol or com9 parable technical standard; or 

10 ‘‘(iii) a device having voice override 

11 capability. 

12 ‘‘(B) EXCLUSION.—Such term does not in13 clude voice communications using a phone in14 stalled on an aircraft. 

15 ‘‘(d) SAFETY REGULATIONS.—This section shall not be 

16 construed to affect the authority of the Secretary to impose 

17 limitations on voice communications using a mobile com18 munications device for safety reasons. 

19 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

20 such regulations as are necessary to carry out this section.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for such 

22 subchapter is amended by adding at the end the following: 

‘‘41724. Prohibitions against voice communications using mobile communications 

devices on scheduled flights.’’. 


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1 SEC. 425. ANTITRUST EXEMPTIONS. 

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

3 study of the legal requirements and policies followed by the 

4 Department in deciding whether to approve international 

5 alliances under section 41309 of title 49, United States 

6 Code, and grant exemptions from the antitrust laws under 

7 section 41308 of such title in connection with such inter8 national alliances. 

9 (b) ISSUES TO BE CONSIDERED.—In conducting the 

10 study under subsection (a), the Comptroller General, at a 

11 minimum, shall examine the following: 

12 (1) Whether granting exemptions from the anti13 trust laws in connection with international alliances 

14 has resulted in public benefits, including an analysis 

15 of whether such benefits could have been achieved by 

16 international alliances not receiving exemptions from 

17 the antitrust laws. 

18 (2) Whether granting exemptions from the anti19 trust laws in connection with international alliances 

20 has resulted in reduced competition, increased prices 

21 in markets, or other adverse effects. 

22 (3) Whether international alliances that have 

23 been granted exemptions from the antitrust laws have 

24 implemented pricing or other practices with respect to 

25 the hub airports at which the alliances operate that 

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1 closed competition by rival (nonalliance) air carriers 

2 at such airports. 

3 (4) Whether increased network size resulting 

4 from additional international alliance members will 

5 adversely affect competition between international al6 liances. 

7 (5) The areas in which immunized international 

8 alliances compete and whether there is sufficient com9 petition among immunized international alliances to 

10 ensure that consumers will receive benefits of at least 

11 the same magnitude as those that consumers would 

12 receive if there were no immunized international alli13 ances. 

14 (6) The minimum number of international alli15 ances that is necessary to ensure robust competition 

16 and benefits to consumers on major international 

17 routes. 

18 (7) Whether the different regulatory and anti19 trust responsibilities of the Secretary and the Attor20 ney General with respect to international alliances 

21 have created any significant conflicting agency rec22 ommendations, such as the conditions imposed in 

23 granting exemptions from the antitrust laws. 

24 (8) Whether, from an antitrust standpoint, re25 quests for exemptions from the antitrust laws in conVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 nection with international alliances should be treated 

2 as mergers, and therefore be exclusively subject to a 

3 traditional merger analysis by the Attorney General 

4 and be subject to advance notification requirements 

5 and a confidential review process similar to those re6 quired under section 7A of the Clayton Act (15 U.S.C. 

7 18a). 

8 (9) Whether the Secretary should amend, modify, 

9 or revoke any exemption from the antitrust laws 

10 granted by the Secretary in connection with an inter11 national alliance. 

12 (10) The effect of international alliances on the 

13 number and quality of jobs for United States air car14 rier flight crew employees, including the share of alli15 ance flying done by those employees. 

16 (c) REPORT.—Not later than one year after the date 

17 of enactment of this Act, the Comptroller General shall sub18 mit to the Secretary of Transportation, the Committee on 

19 Transportation and Infrastructure of the House of Rep20 resentatives, and the Committee on Commerce, Science, and 

21 Transportation of the Senate a report on the results of the 

22 study under subsection (a), including any recommendations 

23 of the Comptroller General as to whether there should be 

24 changes in the authority of the Secretary under title 49, 

25 United States Code, or policy changes that the Secretary 


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1 can implement administratively, with respect to approving 

2 international alliances and granting exemptions from the 

3 antitrust laws in connection with such international alli4 ances. 

5 (d) ADOPTION OF RECOMMENDED POLICY CHANGES.— 

6 Not later than one year after the date of receipt of the report 

7 under subsection (c), and after providing notice and an op8 portunity for public comment, the Secretary shall issue a 

9 written determination as to whether the Secretary will 

10 adopt the policy changes, if any, recommended by the 

11 Comptroller General in the report or make any other policy 

12 changes with respect to approving international alliances 

13 and granting exemptions from the antitrust laws in connec14 tion with such international alliances. 

15 (e) SUNSET PROVISION.— 

16 (1) IN GENERAL.—An exemption from the anti17 trust laws granted by the Secretary on or before the 

18 last day of the 3-year period beginning on the date 

19 of enactment of this Act in connection with an inter20 national alliance, including an exemption granted be21 fore the date of enactment of this Act, shall cease to 

22 be effective after such last day unless the exemption 

23 is renewed by the Secretary. 

24 (2) TIMING FOR RENEWALS.—The Secretary may 

25 not renew an exemption under paragraph (1) before 


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1 the date on which the Secretary issues a written de2 termination under subsection (d). 

3 (3) STANDARDS FOR RENEWALS.—The Secretary 

4 shall make a decision on whether to renew an exemp5 tion under paragraph (1) based on the policies of the 

6 Department in effect after the Secretary issues a writ7 ten determination under subsection (d). 

8 (f) DEFINITIONS.—In this section, the following defini9 tions apply: 

10 (1) EXEMPTION FROM THE ANTITRUST LAWS.— 

11 The term ‘‘exemption from the antitrust laws’’ means 

12 an exemption from the antitrust laws granted by the 

13 Secretary under section 41308 of title 49, United 

14 States Code. 

15 (2) IMMUNIZED INTERNATIONAL ALLIANCE.—The 

16 term ‘‘immunized international alliance’’ means an 

17 international alliance for which the Secretary has 

18 granted an exemption from the antitrust laws. 

19 (3) INTERNATIONAL ALLIANCE.—The term 

20 ‘‘international alliance’’ means a cooperative agree21 ment between an air carrier and a foreign air carrier 

22 to provide foreign air transportation subject to ap23 proval or disapproval by the Secretary under section 

24 41309 of title 49, United States Code. 


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1 (4) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Transportation. 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Transportation. 

5 TITLE V—ENVIRONMENTAL 

6 STEWARDSHIP AND STREAM7 LINING 

8 SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PRO9 GRAM. 

10 Section 40128 is amended— 

11 (1) in subsection (a)(1)(C) by inserting ‘‘or vol12 untary agreement under subsection (b)(7)’’ before ‘‘for 

13 the park’’; 

14 (2) in subsection (a) by adding at the end the 

15 following: 

16 ‘‘(5) EXEMPTION.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding para18 graph (1), a national park that has 50 or fewer 

19 commercial air tour flights a year shall be ex20 empt from the requirements of this section, ex21 cept as provided in subparagraph (B). 

22 ‘‘(B) WITHDRAWAL OF EXEMPTION.—If the 

23 Director determines that an air tour manage24 ment plan or voluntary agreement is necessary 

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1 itor use and enjoyment, the Director shall with2 draw the exemption of a park under subpara3 graph (A). 

4 ‘‘(C) LIST OF PARKS.—The Director shall 

5 inform the Administrator, in writing, of each de6 termination under subparagraph (B). The Direc7 tor and Administrator shall publish an annual 

8 list of national parks that are covered by the ex9 emption provided by this paragraph. 

10 ‘‘(D) ANNUAL REPORT.—A commercial air 

11 tour operator conducting commercial air tours 

12 in a national park that is exempt from the re13 quirements of this section shall submit to the Ad14 ministrator and the Director an annual report 

15 regarding the number of commercial air tour 

16 flights it conducts each year in such park.’’; 

17 (3) in subsection (b) by adding at the end the 

18 following: 

19 ‘‘(7) VOLUNTARY AGREEMENTS.— 

20 ‘‘(A) IN GENERAL.—As an alternative to an 

21 air tour management plan, the Director and the 

22 Administrator may enter into a voluntary agree23 ment with a commercial air tour operator (in24 cluding a new entrant applicant and an oper25 ator that has interim operating authority) that 


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1 has applied to conduct air tour operations over 

2 a national park to manage commercial air tour 

3 operations over such national park. 

4 ‘‘(B) PARK PROTECTION.—A voluntary 

5 agreement under this paragraph with respect to 

6 commercial air tour operations over a national 

7 park shall address the management issues nec8 essary to protect the resources of such park and 

9 visitor use of such park without compromising 

10 aviation safety or the air traffic control system 

11 and may— 

12 ‘‘(i) include provisions such as those 

13 described in subparagraphs (B) through (E) 

14 of paragraph (3); 

15 ‘‘(ii) include provisions to ensure the 

16 stability of, and compliance with, the vol17 untary agreement; and 

18 ‘‘(iii) provide for fees for such oper19 ations. 

20 ‘‘(C) PUBLIC.—The Director and the Ad21 ministrator shall provide an opportunity for 

22 public review of a proposed voluntary agreement 

23 under this paragraph and shall consult with any 

24 Indian tribe whose tribal lands are, or may be, 

25 flown over by a commercial air tour operator 


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1 under a voluntary agreement under this para2 graph. After such opportunity for public review 

3 and consultation, the voluntary agreement may 

4 be implemented without further administrative 

5 or environmental process beyond that described 

6 in this subsection. 

7 ‘‘(D) TERMINATION.—A voluntary agree8 ment under this paragraph may be terminated 

9 at any time at the discretion of the Director or 

10 the Administrator if the Director determines that 

11 the agreement is not adequately protecting park 

12 resources or visitor experiences or the Adminis13 trator determines that the agreement is adversely 

14 affecting aviation safety or the national aviation 

15 system. If a voluntary agreement for a national 

16 park is terminated, the operators shall conform 

17 to the requirements for interim operating author18 ity under subsection (c) until an air tour man19 agement plan for the park is in 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 the 

5 Director; 

6 ‘‘(ii) the Administrator determines that 

7 there would be no adverse impact on avia8 tion safety or the air traffic control system; 

9 and 

10 ‘‘(iii) the Director agrees with the 

11 modification, based on the Director’s profes12 sional expertise regarding the protection of 

13 the park resources and values and visitor 

14 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 the 

22 Administrator and the Director by the oper23 ator making the request; 

24 ‘‘(ii) the Administrator agrees that 

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1 tion safety or the air traffic control system; 

2 and 

3 ‘‘(iii) the Director agrees, based on the 

4 Director’s professional expertise regarding 

5 the protection of park resources and values 

6 and visitor use and enjoyment.’’; 

7 (6) by redesignating subsections (d), (e), and (f) 

8 as subsections (e), (f), and (g), respectively; and 

9 (7) by inserting after subsection (c) the fol10 lowing: 

11 ‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.— 

12 ‘‘(1) REPORT.—Each commercial air tour oper13 ator providing a commercial air tour over a national 

14 park under interim operating authority granted 

15 under subsection (c) or in accordance with an air 

16 tour management plan under subsection (b) shall sub17 mit a report to the Administrator and Director re18 garding the number of its commercial air tour oper19 ations over each national park and such other infor20 mation as the Administrator and Director may re21 quest in order to facilitate administering the provi22 sions of this section. 

23 ‘‘(2) REPORT SUBMISSION.—Not later than 3 

24 months after the date of enactment of the FAA Reau25 thorization Act of 2009, the Administrator and DirecVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 tor shall jointly issue an initial request for reports 

2 under this subsection. The reports shall be submitted 

3 to the Administrator and Director on a frequency and 

4 in a format prescribed by the Administrator and Di5 rector.’’. 

6 SEC. 502. STATE BLOCK GRANT PROGRAM. 

7 (a) GENERAL REQUIREMENTS.—Section 47128(a) is 

8 amended— 

9 (1) in the first sentence by striking ‘‘prescribe 

10 regulations’’ and inserting ‘‘issue guidance’’; and 

11 (2) in the second sentence by striking ‘‘regula12 tions’’ and inserting ‘‘guidance’’. 

13 (b) APPLICATIONS AND SELECTION.—Section 

14 47128(b)(4) is amended by inserting before the semicolon 

15 the following: ‘‘, including the National Environmental Pol16 icy Act of 1969 (42 U.S.C. 4321 et seq.), State and local 

17 environmental policy acts, Executive orders, agency regula18 tions and guidance, and other Federal environmental re19 quirements’’. 

20 (c) ENVIRONMENTAL ANALYSIS AND COORDINATION

21 REQUIREMENTS.—Section 47128 is amended by adding at 

22 the end the following: 

23 ‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDINATION

24 REQUIREMENTS.—A Federal agency, other than the Federal 

25 Aviation Administration, that is responsible for issuing an 


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1 approval, license, or permit to ensure compliance with a 

2 Federal environmental requirement applicable to a project 

3 or activity to be carried out by a State using amounts from 

4 a block grant made under this section shall— 

5 ‘‘(1) coordinate and consult with the State; 

6 ‘‘(2) use the environmental analysis prepared by 

7 the State for the project or activity if such analysis 

8 is adequate; and 

9 ‘‘(3) supplement such analysis, as necessary, to 

10 meet applicable Federal requirements.’’. 

11 SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR RE12 VIEWS. 

13 Section 47173(a) is amended by striking ‘‘services of 

14 consultants in order to’’ and all that follows through the 

15 period at the end and inserting ‘‘services of consultants— 

16 ‘‘(1) to facilitate the timely processing, review, 

17 and completion of environmental activities associated 

18 with an airport development project; 

19 ‘‘(2) to conduct special environmental studies re20 lated to an airport project funded with Federal funds; 

21 ‘‘(3) to conduct special studies or reviews to sup22 port approved noise compatibility measures described 

23 in part 150 of title 14, Code of Federal Regulations; 

24 or 


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1 ‘‘(4) to conduct special studies or reviews to sup2 port environmental mitigation in a record of decision 

3 or finding of no significant impact by the Federal 

4 Aviation Administration.’’. 

5 SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 

6 PROCEDURES. 

7 Section 47504 is amended by adding at the end the 

8 following: 

9 ‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE10 DURES.— 

11 ‘‘(1) IN GENERAL.—In accordance with sub12 section (c)(1), the Secretary may make a grant to an 

13 airport operator to assist in completing environ14 mental review and assessment activities for proposals 

15 to implement flight procedures at such airport that 

16 have been approved as part of an airport noise com17 patibility program under subsection (b). 

18 ‘‘(2) ADDITIONAL STAFF.—The Administrator 

19 may accept funds from an airport operator, including 

20 funds provided to the operator under paragraph (1), 

21 to hire additional staff or obtain the services of con22 sultants in order to facilitate the timely processing, 

23 review, and completion of environmental activities as24 sociated with proposals to implement flight proce25 dures at such airport that have been approved as part 


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1 of an airport noise compatibility program under sub2 section (b). 

3 ‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL4 LECTIONS.—Notwithstanding section 3302 of title 31, 

5 any funds accepted under this section— 

6 ‘‘(A) shall be credited as offsetting collec7 tions to the account that finances the activities 

8 and services for which the funds are accepted; 

9 ‘‘(B) shall be available for expenditure only 

10 to pay the costs of activities and services for 

11 which the funds are accepted; and 

12 ‘‘(C) shall remain available until ex13 pended.’’. 

14 SEC. 505. CLEEN RESEARCH, DEVELOPMENT, AND IMPLE15 MENTATION PARTNERSHIP. 

16 (a) COOPERATIVE AGREEMENT.—Subchapter I of 

17 chapter 475 is amended by adding at the end the following: 

18 ‘‘§ 47511. CLEEN research, development, and imple19 mentation partnership 

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

21 Aviation Administration, in coordination with the Admin22 istrator of the National Aeronautics and Space Administra23 tion, shall enter into a cooperative agreement, using a com24 petitive process, with an institution, entity, or consortium 

25 to carry out a program for the development, maturing, and 


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1 certification of CLEEN engine and airframe technology for 

2 aircraft over the next 10 years. 

3 ‘‘(b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY

4 DEFINED.—In this section, the term ‘CLEEN engine and 

5 airframe technology’ means continuous lower energy, emis6 sions, and noise engine and airframe technology. 

7 ‘‘(c) PERFORMANCE OBJECTIVE.—The Administrator 

8 of the Federal Aviation Administration, in coordination 

9 with the Administrator of the National Aeronautics and 

10 Space Administration, shall establish the following per11 formance objectives for the program, to be achieved by Sep12 tember 30, 2016: 

13 ‘‘(1) Development of certifiable aircraft tech14 nology that reduces fuel burn by 33 percent compared 

15 to current technology, reducing energy consumption 

16 and greenhouse gas emissions. 

17 ‘‘(2) Development of certifiable engine technology 

18 that reduces landing and takeoff cycle nitrogen oxide 

19 emissions by 60 percent, at a pressure ratio of 30, 

20 over the International Civil Aviation Organization 

21 standard adopted at the 6th Meeting of the Committee 

22 on Aviation Environmental Protection, with commen23 surate reductions over the full pressure ratio range, 

24 while limiting or reducing other gaseous or particle 

25 emissions. 


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1 ‘‘(3) Development of certifiable aircraft tech2 nology that reduces noise levels by 32 Effective Per3 ceived Noise Level in Decibels cumulative, relative to 

4 Stage 4 standards. 

5 ‘‘(4) Determination of the feasibility of the use of 

6 alternative fuels in aircraft systems, including suc7 cessful demonstration and quantification of the bene8 fits of such fuels. 

9 ‘‘(5) Determination of the extent to which new 

10 engine and aircraft technologies may be used to ret11 rofit or re-engine aircraft to increase the integration 

12 of retrofitted and re-engined aircraft into the commer13 cial fleet. 

14 ‘‘(d) FUNDING.—Of amounts appropriated under sec15 tion 48102(a), not more than the following amounts may 

16 be used to carry out this section: 

17 ‘‘(1) $20,000,000 for fiscal year 2009. 

18 ‘‘(2) $25,000,000 for fiscal year 2010. 

19 ‘‘(3) $33,000,000 for fiscal year 2011. 

20 ‘‘(4) $50,000,000 for fiscal year 2012. 

21 ‘‘(e) REPORT.—Beginning in fiscal year 2010, the Ad22 ministrator of the Federal Aviation Administration shall 

23 publish an annual report on the program established under 

24 this section until completion of the program.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 subchapter is amended by adding at the end the following: 

‘‘47511. CLEEN research, development, and implementation partnership.’’. 

3 SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT 

4 WEIGHING 75,000 POUNDS OR LESS NOT COM5 PLYING WITH STAGE 3 NOISE LEVELS. 

6 (a) IN GENERAL.—Subchapter II of chapter 475 is 

7 amended by adding at the end the following: 

8 ‘‘§ 47534. Prohibition on operating certain aircraft 

9 weighing 75,000 pounds or less not com10 plying with stage 3 noise levels 

11 ‘‘(a) PROHIBITION.—Except as provided in subsection 

12 (b), (c), or (d), after December 31, 2013, a person may not 

13 operate a civil subsonic jet airplane with a maximum 

14 weight of 75,000 pounds or less, and for which an air15 worthiness certificate (other than an experimental certifi16 cate) has been issued, to or from an airport in the United 

17 States unless the Secretary of Transportation finds that the 

18 aircraft complies with stage 3 noise levels. 

19 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

20 aircraft operated only outside the 48 contiguous States. 

21 ‘‘(c) EXCEPTIONS.—The Secretary may allow tem22 porary operation of an airplane otherwise prohibited from 

23 operation under subsection (a) to or from an airport in the 

24 contiguous United States by granting a special flight au25 thorization for one or more of the following circumstances: 


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1 ‘‘(1) To sell, lease, or use the aircraft outside the 

2 48 contiguous States. 

3 ‘‘(2) To scrap the aircraft. 

4 ‘‘(3) To obtain modifications to the aircraft to 

5 meet stage 3 noise levels. 

6 ‘‘(4) To perform scheduled heavy maintenance or 

7 significant modifications on the aircraft at a mainte8 nance facility located in the contiguous 48 States. 

9 ‘‘(5) To deliver the aircraft to an operator leas10 ing the aircraft from the owner or return the aircraft 

11 to the lessor. 

12 ‘‘(6) To prepare, park, or store the aircraft in 

13 anticipation of any of the activities described in 

14 paragraphs (1) through (5). 

15 ‘‘(7) To provide transport of persons and goods 

16 in the relief of emergency situations. 

17 ‘‘(8) To divert the aircraft to an alternative air 

18 port in the 48 contiguous States on account of weath19 er, mechanical, fuel, air traffic control, or other safety 

20 reasons while conducting a flight in order to perform 

21 any of the activities described in paragraphs (1) 

22 through (7). 

23 ‘‘(d) STATUTORY CONSTRUCTION.—Nothing in the sec24 tion may be construed as interfering with, nullifying, or 

25 otherwise affecting determinations made by the Federal 


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1 Aviation Administration, or to be made by the Administra2 tion, with respect to applications under part 161 of title 

3 14, Code of Federal Regulations, that were pending on the 

4 date of enactment of this section.’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Section 47531 is amended— 

7 (A) in the section heading by striking ‘‘for 

8 violating sections 47528–47530’’; and 

9 (B) by striking ‘‘47529, or 47530’’ and in10 serting ‘‘47529, 47530, or 47534’’. 

11 (2) Section 47532 is amended by inserting ‘‘or 

12 47534’’ after ‘‘47528–47531’’. 

13 (3) The analysis for chapter 475 is amended— 

14 (A) by striking the item relating to section 

15 47531 and inserting the following: 

‘‘47531. Penalties.’’; 

16 and 

17 (B) by inserting after the item relating to 

18 section 47533 the following: 

‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less 

not complying with stage 3 noise levels.’’. 

19 SEC. 507. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 

20 (a) ESTABLISHMENT.—The Secretary of Transpor21 tation shall establish a pilot program to carry out not more 

22 than 6 environmental mitigation demonstration projects at 

23 public-use airports. 


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1 (b) GRANTS.—In implementing the program, the Sec2 retary may make a grant to the sponsor of a public-use 

3 airport from funds apportioned under section 

4 47117(e)(1)(A) of title 49, United States Code, to carry out 

5 an environmental mitigation demonstration project to 

6 measurably reduce or mitigate aviation impacts on noise, 

7 air quality, or water quality in the vicinity of the airport. 

8 (c) ELIGIBILITY FOR PASSENGER FACILITY FEES.— 

9 An environmental mitigation demonstration project that 

10 receives funds made available under this section may be 

11 considered an eligible airport-related project for purposes 

12 of section 40117 of such title. 

13 (d) SELECTION CRITERIA.—In selecting among appli14 cants for participation in the program, the Secretary shall 

15 give priority consideration to applicants proposing to carry 

16 out environmental mitigation demonstration projects that 

17 will— 

18 (1) achieve the greatest reductions in aircraft 

19 noise, airport emissions, or airport water quality im20 pacts either on an absolute basis or on a per dollar 

21 of funds expended basis; and 

22 (2) be implemented by an eligible consortium. 

23 (e) FEDERAL SHARE.—Notwithstanding any provi24 sion of subchapter I of chapter 471 of such title, the United 

25 States Government share of allowable project costs of an enVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 vironmental mitigation demonstration project carried out 

2 under this section shall be 50 percent. 

3 (f) MAXIMUM AMOUNT.—The Secretary may not make 

4 grants for a single environmental mitigation demonstration 

5 project under this section in a total amount that exceeds 

6 $2,500,000. 

7 (g) PUBLICATION OF INFORMATION.—The Secretary 

8 may develop and publish information on the results of envi9 ronmental mitigation demonstration projects carried out 

10 under this section, including information identifying best 

11 practices for reducing or mitigating aviation impacts on 

12 noise, air quality, or water quality in the vicinity of air13 ports. 

14 (h) DEFINITIONS.—In this section, the following defi15 nitions apply: 

16 (1) ELIGIBLE CONSORTIUM.—The term ‘‘eligible 

17 consortium’’ means a consortium of 2 or more of the 

18 following entities: 

19 (A) A business incorporated in the United 

20 States. 

21 (B) A public or private educational or re22 search organization located in the United States. 

23 (C) An entity of a State or local govern24 ment. 

25 (D) A Federal laboratory. 


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1 (2) ENVIRONMENTAL MITIGATION DEMONSTRA2 TION PROJECT.—The term ‘‘environmental mitigation 

3 demonstration project’’ means a project that— 

4 (A) demonstrates at a public-use airport en5 vironmental mitigation techniques or tech6 nologies with associated benefits, which have al7 ready been proven in laboratory demonstrations; 

8 (B) utilizes methods for efficient adaptation 

9 or integration of innovative concepts to airport 

10 operations; and 

11 (C) demonstrates whether a technique or 

12 technology for environmental mitigation identi13 fied in research is— 

14 (i) practical to implement at or near 

15 multiple public-use airports; and 

16 (ii) capable of reducing noise, airport 

17 emissions, greenhouse gas emissions, or 

18 water quality impacts in measurably sig19 nificant amounts. 

20 SEC. 508. AIRCRAFT DEPARTURE QUEUE MANAGEMENT 

21 PILOT PROGRAM. 

22 (a) IN GENERAL.—The Secretary of Transportation 

23 shall carry out a pilot program at not more than 5 public24 use airports under which the Federal Aviation Administra25 tion shall use funds made available under section 48101(a) 


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1 to test air traffic flow management tools, methodologies, and 

2 procedures that will allow air traffic controllers of the Ad3 ministration to better manage the flow of aircraft on the 

4 ground and reduce the length of ground holds and idling 

5 time for aircraft. 

6 (b) SELECTION CRITERIA.—In selecting from among 

7 airports at which to conduct the pilot program, the Sec8 retary shall give priority consideration to airports at which 

9 improvements in ground control efficiencies are likely to 

10 achieve the greatest fuel savings or air quality or other envi11 ronmental benefits, as measured by the amount of reduced 

12 fuel, reduced emissions, or other environmental benefits per 

13 dollar of funds expended under the pilot program. 

14 (c) MAXIMUM AMOUNT.—Not more than a total of 

15 $5,000,000 may be expended under the pilot program at 

16 any single public-use airport. 

17 (d) REPORT TO CONGRESS.—Not later than 3 years 

18 after the date of the enactment of this section, the Secretary 

19 shall submit to the Committee on Transportation and In20 frastructure of the House of Representatives and the Com21 mittee on Commerce, Science, and Transportation of the 

22 Senate a report containing— 

23 (1) an evaluation of the effectiveness of the pilot 

24 program, including an assessment of the tools, meth25 odologies, and procedures that provided the greatest 


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1 fuel savings and air quality and other environmental 

2 benefits, and any impacts on safety, capacity, or effi3 ciency of the air traffic control system or the airports 

4 at which affected aircraft were operating; 

5 (2) an identification of anticipated benefits from 

6 implementation of the tools, methodologies, and proce7 dures developed under the pilot program at other air8 ports; 

9 (3) a plan for implementing the tools, methodolo10 gies, and procedures developed under the pilot pro11 gram at other airports or the Secretary’s reasons for 

12 not implementing such measures at other airports; 

13 and 

14 (4) such other information as the Secretary con15 siders appropriate. 

16 SEC. 509. HIGH PERFORMANCE AND SUSTAINABLE AIR 

17 TRAFFIC CONTROL FACILITIES. 

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

19 Aviation Administration shall implement, to the maximum 

20 extent practicable, sustainable practices for the incorpora21 tion of energy-efficient design, equipment, systems, and 

22 other measures in the construction and major renovation 

23 of air traffic control facilities of the Administration in 

24 order to reduce energy consumption and improve the envi25 ronmental performance of such facilities. 


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1 (b) AUTHORIZATION.—Of amounts appropriated 

2 under section 48101(a) of title 49, United States Code, such 

3 sums as may be necessary may be used to carry out this 

4 section. 

5 SEC. 510. REGULATORY RESPONSIBILITY FOR AIRCRAFT 

6 ENGINE NOISE AND EMISSIONS STANDARDS. 

7 (a) INDEPENDENT REVIEW.—The Administrator of the 

8 FAA shall make appropriate arrangements for the National 

9 Academy of Public Administration or another qualified 

10 independent entity to review, in consultation with the FAA 

11 and the EPA, whether it is desirable to locate the regulatory 

12 responsibility for the establishment of engine noise and 

13 emissions standards for civil aircraft within one of the 

14 agencies. 

15 (b) CONSIDERATIONS.—The review shall be conducted 

16 so as to take into account— 

17 (1) the interrelationships between aircraft engine 

18 noise and emissions; 

19 (2) the need for aircraft engine noise and emis20 sions to be evaluated and addressed in an integrated 

21 and comprehensive manner; 

22 (3) the scientific expertise of the FAA and the 

23 EPA to evaluate aircraft engine emissions and noise 

24 impacts on the environment; 


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1 (4) expertise to interface environmental perform2 ance with ensuring the highest safe and reliable en3 gine performance of aircraft in flight; 

4 (5) consistency of the regulatory responsibility 

5 with other missions of the FAA and the EPA; 

6 (6) past effectiveness of the FAA and the EPA in 

7 carrying out the aviation environmental responsibil8 ities assigned to the agency; and 

9 (7) the international responsibility to represent 

10 the United States with respect to both engine noise 

11 and emissions standards for civil aircraft. 

12 (c) REPORT TO CONGRESS.—Not later than 6 months 

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

14 of the FAA shall submit to Congress a report on the results 

15 of the review. The report shall include any recommenda16 tions developed as a result of the review and, if a transfer 

17 of responsibilities is recommended, a description of the steps 

18 and timeline for implementation of the transfer. 

19 (d) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) EPA.—The term ‘‘EPA’’ means the Environ22 mental Protection Agency. 

23 (2) FAA.—The term ‘‘FAA’’ means the Federal 

24 Aviation Administration. 


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1 SEC. 511. CONTINUATION OF AIR QUALITY SAMPLING. 

2 The Administrator of the Federal Aviation Adminis3 tration shall complete the air quality studies and analysis 

4 started pursuant to section 815 of the Vision 100—Century 

5 of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 

6 Stat. 2592), including the collection of samples of the air 

7 onboard passenger aircraft by flight attendants and the test8 ing and analyzation of such samples for contaminants. 

9 SEC. 512. SENSE OF CONGRESS. 

10 It is the sense of Congress that— 

11 (1) the proposed European Union directive ex12 tending the European Union’s emissions trading pro13 posal to international civil aviation without working 

14 through the International Civil Aviation Organiza15 tion (in this section referred to as the ‘‘ICAO’’) in a 

16 consensus-based fashion is inconsistent with the Con17 vention on International Civil Aviation, done at Chi18 cago on December 7, 1944 (TIAS 1591; commonly 

19 known as ‘‘Chicago Convention’’), and other relevant 

20 air services agreements and antithetical to building 

21 international cooperation to address effectively the 

22 problem of greenhouse gas emissions by aircraft en23 gaged in international civil aviation; and 

24 (2) the European Union and its member states 

25 should instead work with other contracting states of 

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1 dressing aircraft greenhouse gas emissions through the 

2 ICAO. 

3 SEC. 513. AIRPORT NOISE COMPATIBILITY PLANNING 

4 STUDY, PORT AUTHORITY OF NEW YORK AND 

5 NEW JERSEY. 

6 It is the sense of the House of Representatives that the 

7 Port Authority of New York and New Jersey should under8 take an airport noise compatibility planning study under 

9 part 150 of title 14, Code of Federal Regulations, for the 

10 airports that the Port Authority operates as of November 

11 2, 2009. In undertaking the study, the Port Authority 

12 should pay particular attention to the impact of noise on 

13 affected neighborhoods, including homes, businesses, and 

14 places of worship surrounding LaGuardia Airport, Newark 

15 Liberty Airport, and JFK Airport. 

16 SEC. 514. GAO STUDY ON COMPLIANCE WITH FAA RECORD 

17 OF DECISION. 

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

19 study to determine whether the Federal Aviation Adminis20 tration and the Massachusetts Port Authority are com21 plying with the requirements of the Federal Aviation Ad22 ministration’s record of decision dated August 2, 2002. 

23 (b) REPORT.—Not later than one year after the date 

24 of the enactment of this Act, the Comptroller General shall 

25 submit to Congress a report on the results of the study. 


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1 TITLE VI—FAA EMPLOYEES AND 

2 ORGANIZATION 

3 SEC. 601. FEDERAL AVIATION ADMINISTRATION PER4 SONNEL MANAGEMENT SYSTEM. 

5 (a) DISPUTE RESOLUTION.—Section 40122(a) is 

6 amended— 

7 (1) by redesignating paragraphs (3) and (4) as 

8 paragraphs (5) and (6), respectively; and 

9 (2) by striking paragraph (2) and inserting the 

10 following: 

11 ‘‘(2) DISPUTE RESOLUTION.— 

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

13 does not reach an agreement under paragraph 

14 (1) or the provisions referred to in subsection 

15 (g)(2)(C) with the exclusive bargaining rep16 resentative of the employees, the Administrator 

17 and the bargaining representative— 

18 ‘‘(i) shall use the services of the Federal 

19 Mediation and Conciliation Service to at20 tempt to reach such agreement in accord21 ance with part 1425 of title 29, Code of 

22 Federal Regulations (as in effect on the date 

23 of enactment of the FAA Reauthorization 

24 Act of 2009); or 


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1 ‘‘(ii) may by mutual agreement adopt 

2 alternative procedures for the resolution of 

3 disputes or impasses arising in the negotia4 tion of the collective-bargaining agreement. 

5 ‘‘(B) BINDING ARBITRATION.— 

6 ‘‘(i) ASSISTANCE FROM FEDERAL SERV7 ICE IMPASSES PANEL.—If the services of the 

8 Federal Mediation and Conciliation Service 

9 under subparagraph (A)(i) do not lead to 

10 an agreement, the Administrator and the 

11 exclusive bargaining representative of the 

12 employees (in this subparagraph referred to 

13 as the ‘parties’) shall submit their issues in 

14 controversy to the Federal Service Impasses 

15 Panel. The Panel shall assist the parties in 

16 resolving the impasse by asserting jurisdic17 tion and ordering binding arbitration by a 

18 private arbitration board consisting of 3 

19 members. 

20 ‘‘(ii) APPOINTMENT OF ARBITRATION

21 BOARD.—The Executive Director of the 

22 Panel shall provide for the appointment of 

23 the 3 members of a private arbitration 

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1 iation Service to prepare a list of not less 

2 than 15 names of arbitrators with Federal 

3 sector experience and by providing the list 

4 to the parties. Within 10 days of receiving 

5 the list, the parties shall each select one per6 son from the list. The 2 arbitrators selected 

7 by the parties shall then select a third per8 son from the list within 7 days. If either of 

9 the parties fails to select a person or if the 

10 2 arbitrators are unable to agree on the 

11 third person within 7 days, the parties shall 

12 make the selection by alternately striking 

13 names on the list until one arbitrator re14 mains. 

15 ‘‘(iii) FRAMING ISSUES IN CON16 TROVERSY.—If the parties do not agree on 

17 the framing of the issues to be submitted for 

18 arbitration, the arbitration board shall 

19 frame the issues. 

20 ‘‘(iv) HEARINGS.—The arbitration 

21 board shall give the parties a full and fair 

22 hearing, including an opportunity to 

23 present evidence in support of their claims 

24 and an opportunity to present their case in 


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1 person, by counsel, or by other representa2 tive as they may elect. 

3 ‘‘(v) DECISIONS.—The arbitration 

4 board shall render its decision within 90 

5 days after the date of its appointment. De6 cisions of the arbitration board shall be con7 clusive and binding upon the parties. 

8 ‘‘(vi) COSTS.—The parties shall share 

9 costs of the arbitration equally. 

10 ‘‘(3) RATIFICATION OF AGREEMENTS.—Upon 

11 reaching a voluntary agreement or at the conclusion 

12 of the binding arbitration under paragraph (2)(B), 

13 the final agreement, except for those matters decided 

14 by an arbitration board, shall be subject to ratifica15 tion by the exclusive bargaining representative of the 

16 employees, if so requested by the bargaining represent17 ative, and approval by the head of the agency in ac18 cordance with the provisions referred to in subsection 

19 (g)(2)(C). 

20 ‘‘(4) ENFORCEMENT.— 

21 ‘‘(A) ENFORCEMENT ACTIONS IN UNITED

22 STATES COURTS.—Each United States district 

23 court and each United States court of a place 

24 subject to the jurisdiction of the United States 

25 shall have jurisdiction of enforcement actions 


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1 brought under this section. Such an action may 

2 be brought in any judicial district in the State 

3 in which the violation of this section is alleged 

4 to have been committed, the judicial district in 

5 which the Federal Aviation Administration has 

6 its principal office, or the District of Columbia. 

7 ‘‘(B) ATTORNEY FEES.—The court may as8 sess against the Federal Aviation Administration 

9 reasonable attorney fees and other litigation costs 

10 reasonably incurred in any case under this sec11 tion in which the complainant has substantially 

12 prevailed.’’. 

13 (b) APPLICATION.—On and after the date of enactment 

14 of this Act, any changes implemented by the Administrator 

15 of the Federal Aviation Administration on and after July 

16 10, 2005, under section 40122(a) of title 49, United States 

17 Code (as in effect on the day before such date of enactment), 

18 without the agreement of the exclusive bargaining represent19 ative of the employees of the Administration certified under 

20 section 7111 of title 5, United States Code, shall be null 

21 and void and the parties shall be governed by their last 

22 mutual agreement before the implementation of such 

23 changes. The Administrator and the bargaining representa24 tive shall resume negotiations promptly, and, subject to sub25 section (c), their last mutual agreement shall be in effect 


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1 until a new contract is adopted by the Administrator and 

2 the bargaining representative. If an agreement is not 

3 reached within 45 days after the date on which negotiations 

4 resume, the Administrator and the bargaining representa5 tive shall submit their issues in controversy to the Federal 

6 Service Impasses Panel in accordance with section 7119 of 

7 title 5, United States Code, for binding arbitration in ac8 cordance with paragraphs (2)(B), (3), and (4) of section 

9 40122(a) of title 49, United States Code (as amended by 

10 subsection (a) of this section). 

11 (c) SAVINGS CLAUSE.—All cost of living adjustments 

12 and other pay increases, lump sum payments to employees, 

13 and leave and other benefit accruals implemented as part 

14 of the changes referred to in subsection (b) may not be re15 versed unless such reversal is part of the calculation of back 

16 pay under subsection (d). The Administrator shall waive 

17 any overpayment paid to, and not collect any funds for 

18 such overpayment, from former employees of the Adminis19 tration who received lump sum payments prior to their sep20 aration from the Administration. 

21 (d) BACK PAY.— 

22 (1) IN GENERAL.—Employees subject to changes 

23 referred to in subsection (b) that are determined to be 

24 null and void under subsection (b) shall be eligible for 

25 pay that the employees would have received under the 


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1 last mutual agreement between the Administrator and 

2 the exclusive bargaining representative of such em3 ployees before the date of enactment of this Act and 

4 any changes were implemented without agreement of 

5 the bargaining representative. The Administrator 

6 shall pay the employees such pay subject to the avail7 ability of amounts appropriated to carry out this sub8 section. If the appropriated funds do not cover all 

9 claims of the employees for such pay, the Adminis10 trator and the bargaining representative, pursuant to 

11 negotiations conducted in accordance with section 

12 40122(a) of title 49, United States Code (as amended 

13 by subsection (a) of this section), shall determine the 

14 allocation of the appropriated funds among the em15 ployees on a pro rata basis. 

16 (2) AUTHORIZATION OF APPROPRIATIONS.— 

17 There is authorized to be appropriated $20,000,000 to 

18 carry out this subsection. 

19 (e) INTERIM AGREEMENT.—If the Administrator and 

20 the exclusive bargaining representative of the employees 

21 subject to the changes referred to in subsection (b) reach a 

22 final and binding agreement with respect to such changes 

23 before the date of enactment of this Act, such agreement 

24 shall supersede any changes implemented by the Adminis25 trator under section 40122(a) of title 49, United States 


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1 Code (as in effect on the day before such date of enactment), 

2 without the agreement of the bargaining representative, and 

3 subsections (b) and (c) shall not take effect. 

4 SEC. 602. MSPB REMEDIAL AUTHORITY FOR FAA EMPLOY5 EES. 

6 Section 40122(g)(3) of title 49, United States Code, is 

7 amended by adding at the end the following: ‘‘Notwith8 standing any other provision of law, retroactive to April 

9 1, 1996, the Board shall have the same remedial authority 

10 over such employee appeals that it had as of March 31, 

11 1996.’’. 

12 SEC. 603. FAA TECHNICAL TRAINING AND STAFFING. 

13 (a) STUDY.— 

14 (1) IN GENERAL.—The Comptroller General shall 

15 conduct a study on the training of the airway trans16 portation systems specialists of the Federal Aviation 

17 Administration (in this section referred to as ‘‘FAA 

18 systems specialists’’). 

19 (2) CONTENTS.—The study shall— 

20 (A) include an analysis of the type of train21 ing provided to FAA systems specialists; 

22 (B) include an analysis of the type of train23 ing that FAA systems specialists need to be pro24 ficient on the maintenance of latest technologies; 


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1 (C) include a description of actions that the 

2 Administration has undertaken to ensure that 

3 FAA systems specialists receive up-to-date train4 ing on the latest technologies; 

5 (D) identify the amount and cost of FAA 

6 systems specialists training provided by vendors; 

7 (E) identify the amount and cost of FAA 

8 systems specialists training provided by the Ad9 ministration after developing courses for the 

10 training of such specialists; 

11 (F) identify the amount and cost of travel 

12 that is required of FAA systems specialists in re13 ceiving training; and 

14 (G) include a recommendation regarding 

15 the most cost-effective approach to providing 

16 FAA systems specialists training. 

17 (3) REPORT.—Not later than 1 year after the 

18 date of enactment of this Act, the Comptroller General 

19 shall submit to the Committee on Transportation and 

20 Infrastructure of the House of Representatives and the 

21 Committee on Commerce, Science, and Transpor22 tation of the Senate a report on the results of the 

23 study. 

24 (b) WORKLOAD OF SYSTEMS SPECIALISTS.— 


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1 (1) STUDY BY NATIONAL ACADEMY OF

2 SCIENCES.—Not later than 90 days after the date of 

3 enactment of this Act, the Administrator of the Fed4 eral Aviation Administration shall make appropriate 

5 arrangements for the National Academy of Sciences to 

6 conduct a study of the assumptions and methods used 

7 by the Federal Aviation Administration to estimate 

8 staffing needs for FAA systems specialists to ensure 

9 proper maintenance and certification of the national 

10 airspace system. 

11 (2) CONTENTS.—The study shall be conducted so 

12 as to provide the following: 

13 (A) A suggested method of modifying FAA 

14 systems specialists staffing models for applica15 tion to current local conditions or applying some 

16 other approach to developing an objective staff17 ing standard. 

18 (B) The approximate cost and length of 

19 time for developing such models. 

20 (3) CONSULTATION.—In conducting the study, 

21 the National Academy of Sciences shall consult with 

22 the exclusive bargaining representative of employees of 

23 the Federal Aviation Administration certified under 

24 section 7111 of title 5, United States Code, and the 


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1 Administrator of the Federal Aviation Administra2 tion. 

3 (4) REPORT.—Not later than one year after the 

4 initiation of the arrangements under subsection (a), 

5 the National Academy of Sciences shall submit to 

6 Congress a report on the results of the study. 

7 SEC. 604. DESIGNEE PROGRAM. 

8 (a) REPORT.—Not later than 18 months after the date 

9 of enactment of this Act, the Comptroller General shall sub10 mit to the Committee on Transportation and Infrastructure 

11 of the House of Representatives and the Committee on Com12 merce, Science, and Transportation of the Senate a report 

13 on the status of recommendations made by the Government 

14 Accountability Office in its October 2004 report, ‘‘Aviation 

15 Safety: FAA Needs to Strengthen Management of Its Des16 ignee Programs’’ (GAO–05–40). 

17 (b) CONTENTS.—The report shall include— 

18 (1) an assessment of the extent to which the Fed19 eral Aviation Administration has responded to rec20 ommendations of the Government Accountability Of21 fice referred to in subsection (a); 

22 (2) an identification of improvements, if any, 

23 that have been made to the designee programs referred 

24 to in the report of the Office as a result of such rec25 ommendations; 


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1 (3) an identification of further action that is 

2 needed to implement such recommendations, improve 

3 the Administration’s management control of the des4 ignee programs, and increase assurance that designees 

5 meet the Administration’s performance standards; 

6 and 

7 (4) an assessment of the Administration’s orga8 nizational delegation and designee programs and a 

9 determination as to whether the Administration has 

10 sufficient monitoring and surveillance programs in 

11 place to properly oversee these programs. 

12 SEC. 605. STAFFING MODEL FOR AVIATION SAFETY INSPEC13 TORS. 

14 (a) IN GENERAL.—Not later than October 31, 2009, 

15 the Administrator of the Federal Aviation Administration 

16 shall develop a staffing model for aviation safety inspectors. 

17 In developing the model, the Administrator shall follow the 

18 recommendations outlined in the 2007 study released by the 

19 National Academy of Sciences entitled ‘‘Staffing Standards 

20 for Aviation Safety Inspectors’’ and consult with interested 

21 persons, including the exclusive collective bargaining rep22 resentative of the aviation safety inspectors. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated such sums as may be nec25 essary to carry out this section. 


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1 SEC. 606. SAFETY CRITICAL STAFFING. 

2 (a) SAFETY INSPECTORS.—The Administrator of the 

3 Federal Aviation Administration shall increase the number 

4 of safety critical positions in the Flight Standards Service 

5 and Aircraft Certification Service for a fiscal year commen6 surate with the funding levels provided in subsection (b) 

7 for the fiscal year. Such increases shall be measured relative 

8 to the number of persons serving in safety critical positions 

9 as of September 30, 2008. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi11 tion to amounts authorized by section 106(k) of title 49, 

12 United States Code, there is authorized to be appropriated 

13 to carry out subsection (a)— 

14 (1) $45,000,000 for fiscal year 2010; 

15 (2) $138,000,000 for fiscal year 2011; and 

16 (3) $235,000,000 for fiscal year 2012. 

17 Such sums shall remain available until expended. 

18 (c) IMPLEMENTATION OF STAFFING STANDARDS.— 

19 Notwithstanding any other provision of this section, upon 

20 completion of the flight standards service staffing model 

21 under section 605 of this Act, and validation of the model 

22 by the Administrator, there are authorized to be appro23 priated such sums as may be necessary to support the num24 ber of aviation safety inspectors, safety technical specialists, 

25 and operation support positions that such model determines 


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1 are required to meet the responsibilities of the Flight Stand2 ards Service. 

3 (d) SAFETY CRITICAL POSITIONS DEFINED.—In this 

4 section, the term ‘‘safety critical positions’’ means— 

5 (1) aviation safety inspectors, safety technical 

6 specialists, and operations support positions in the 

7 Flight Standards Service (as such terms are used in 

8 the Administration’s fiscal year 2009 congressional 

9 budget justification); and 

10 (2) manufacturing safety inspectors, pilots, engi11 neers, Chief Scientist Technical Advisors, safety tech12 nical specialists, and operational support positions in 

13 the Aircraft Certification Service (as such terms are 

14 used in the Administration’s fiscal year 2009 congres15 sional budget justification). 

16 SEC. 607. FAA AIR TRAFFIC CONTROLLER STAFFING. 

17 (a) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 

18 Not later than 90 days after the date of enactment of this 

19 Act, the Administrator of the Federal Aviation Administra20 tion shall enter into appropriate arrangements with the Na21 tional Academy of Sciences to conduct a study of the as22 sumptions and methods used by the Federal Aviation Ad23 ministration (in this section referred to as the ‘‘FAA’’) to 

24 estimate staffing needs for FAA air traffic controllers to en25 sure the safe operation of the national airspace system. 


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1 (b) CONSULTATION.—In conducting the study, the Na2 tional Academy of Sciences shall consult with the exclusive 

3 bargaining representative of employees of the FAA certified 

4 under section 7111 of title 5, United States Code, the Ad5 ministrator of the Federal Aviation Administration, and 

6 representatives of the Civil Aeronautical Medical Institute. 

7 (c) CONTENTS.—The study shall include an examina8 tion of representative information on human factors, traffic 

9 activity, and the technology and equipment used in air traf10 fic control. 

11 (d) RECOMMENDATIONS AND ESTIMATES.—In con12 ducting the study, the National Academy of Sciences shall 

13 develop— 

14 (1) recommendations for the development by the 

15 FAA of objective staffing standards to maintain the 

16 safety and efficiency of the national airspace system 

17 with current and future projected air traffic levels; 

18 and 

19 (2) estimates of cost and schedule for the develop20 ment of such standards by the FAA or its contractors. 

21 (e) REPORT.—Not later than 18 months after the date 

22 of enactment of this Act, the National Academy of Sciences 

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1 mittee on Commerce, Science, and Transportation of the 

2 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 ade7 quacy 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 the 

13 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 Trans17 portation System; and 

18 (4) an analysis of various training approaches 

19 available to satisfy the controller competencies identi20 fied 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 of 

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1 merce, Science, and Transportation of the Senate a report 

2 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 of 

9 providing as an alternative to the current training provided 

10 at the Mike Monroney Aeronautical Center of the Adminis11 tration a new controller orientation session for graduates 

12 of such programs at the Mike Monroney Aeronautical Cen13 ter followed by on-the-job training for newly hired air traf14 fic controllers who are graduates of such program and shall 

15 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 of 

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1 merce, Science, and Transportation of the Senate a report 

2 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 Fed6 eral Aviation Administration shall establish a special task 

7 force to be known as the ‘‘FAA Task Force on Air Traffic 

8 Control Facility Conditions’’ (in this section referred to as 

9 the ‘‘Task Force’’). 

10 (b) MEMBERSHIP.— 

11 (1) COMPOSITION.—The Task Force shall be com12 posed 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 field 

17 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 ap25 pointed 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 re4 habilitation of aging buildings. 

5 (3) TERMS.—Members shall be appointed for the 

6 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 head 

25 of any department or agency of the United States 


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1 may detail, on a reimbursable basis, any of the per2 sonnel of that department or agency to the Task Force 

3 to assist it in carrying out its duties under this sec4 tion. 

5 (3) OTHER STAFF AND SUPPORT.—Upon request 

6 of the Task Force or a panel of the Task Force, the 

7 Administrator shall provide the Task Force or panel 

8 with professional and administrative staff and other 

9 support, on a reimbursable basis, to the Task Force 

10 to assist it in carrying out its duties under this sec11 tion. 

12 (e) OBTAINING OFFICIAL DATA.—The Task Force may 

13 secure directly from any department or agency of the 

14 United States information (other than information required 

15 by any statute of the United States to be kept confidential 

16 by such department or agency) necessary for the Task Force 

17 to carry out its duties under this section. Upon request of 

18 the chairperson of the Task Force, the head of that depart19 ment or agency shall furnish such information to the Task 

20 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 Adminis5 tration 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 supervisors 

14 of such employees to promptly document and 

15 seek remediation for unsafe facility conditions; 

16 (E) whether employees of the Administra17 tion who report facility-related illnesses are 

18 treated fairly; 

19 (F) utilization of scientifically approved re20 mediation techniques in a timely fashion once 

21 hazardous conditions are identified in a facility 

22 of the Administration; and 

23 (G) resources allocated to facility mainte24 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 indicies 

3 of the Administration (in this section referred to as 

4 the ‘‘FCI’’) for inclusion in the recommendations 

5 under subsection (g). 

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

7 study and review of the FCI under subsection (f), the Task 

8 Force shall make recommendations as it considers necessary 

9 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 Ad22 ministrator, the Committee on Transportation and Infra23 structure of the House of Representatives, and the Com24 mittee on Commerce, Science, and Transportation of the 

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1 ing the recommendations of the Task Force under subsection 

2 (g). 

3 (i) IMPLEMENTATION.—Within 30 days of the receipt 

4 of the Task Force report under subsection (h), the Adminis5 trator shall submit to the Committee on Transportation and 

6 Infrastructure of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of the 

8 Senate a report that includes a plan and timeline to imple9 ment the recommendations of the Task Force and to align 

10 future budgets and priorities of the Administration accord11 ingly. 

12 (j) TERMINATION.—The Task Force shall terminate on 

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

14 which the report under subsection (h) was submitted. 

15 (k) APPLICABILITY OF THE FEDERAL ADVISORY COM16 MITTEE ACT.—The Federal Advisory Committee Act (5 

17 U.S.C. App.) shall not apply to the Task Force. 

18 (l) AUTHORIZATION OF APPROPRIATIONS.—There are 

19 authorized to be appropriated to the Secretary of Transpor20 tation $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) is 

25 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) shall 

11 be provided in an airline industry sponsored 

12 risk retention or other risk-sharing arrangement 

13 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 trans22 ferred to an airline industry sponsored risk 

23 retention or other risk-sharing arrangement 

24 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 31, 

7 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, 2001, 

15 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 sentence 

3 by striking ‘‘agent’’ and inserting ‘‘agent, or a claims ad4 juster who is independent of the underwriting agent,’’. 

5 SEC. 705. EXTENSION OF PROGRAM AUTHORITY. 

6 Section 44310 is amended by striking ‘‘December 31, 

7 2013’’ and inserting ‘‘December 31, 2019’’. 

8 TITLE VIII—MISCELLANEOUS 

9 SEC. 801. AIR CARRIER CITIZENSHIP. 

10 Section 40102(a)(15) is amended by adding at the end 

11 the following: 

12 ‘‘For purposes of subparagraph (C), an air carrier 

13 shall not be deemed to be under the actual control of 

14 citizens of the United States unless citizens of the 

15 United States control all matters pertaining to the 

16 business and structure of the air carrier, including 

17 operational matters such as marketing, branding, fleet 

18 composition, route selection, pricing, and labor rela19 tions.’’. 

20 SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN 

21 INTEREST OF NATIONAL SECURITY. 

22 Section 40119(b) is amended by adding at the end the 

23 following: 

24 ‘‘(3) LIMITATION ON APPLICABILITY OF FREEDOM

25 OF INFORMATION ACT.—Section 552a of title 5, 

26 United States Code, shall not apply to disclosures 


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1 that the Administrator of the Federal Aviation Ad2 ministration may make from the systems of records of 

3 the Administration to any Federal law enforcement, 

4 intelligence, protective service, immigration, or na5 tional security official in order to assist the official 

6 receiving the information in the performance of offi7 cial duties.’’. 

8 SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS 

9 AND DATABASE SYSTEMS. 

10 (a) IN GENERAL.—Chapter 401 is amended by adding 

11 at the end the following: 

12 ‘‘§ 40130. FAA access to criminal history records or 

13 databases systems 

14 ‘‘(a) ACCESS TO RECORDS OR DATABASES SYS15 TEMS.— 

16 ‘‘(1) ACCESS TO INFORMATION.—Notwith17 standing section 534 of title 28, and regulations 

18 issued to implement such section, the Administrator 

19 of the Federal Aviation Administration may access a 

20 system of documented criminal justice information 

21 maintained by the Department of Justice or by a 

22 State but may do so only for the purpose of carrying 

23 out civil and administrative responsibilities of the 

24 Administration to protect the safety and security of 

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1 sions of the Department of Justice, the Department of 

2 Homeland Security, and other law enforcement agen3 cies. 

4 ‘‘(2) RELEASE OF INFORMATION.—In accessing a 

5 system referred to in paragraph (1), the Adminis6 trator shall be subject to the same conditions and pro7 cedures established by the Department of Justice or 

8 the State for other governmental agencies with access 

9 to the system. 

10 ‘‘(3) LIMITATION.—The Administrator may not 

11 use the access authorized under paragraph (1) to con12 duct criminal investigations. 

13 ‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 

14 shall designate, by order, employees of the Administration 

15 who shall carry out the authority described in subsection 

16 (a). The designated employees may— 

17 ‘‘(1) have access to and receive criminal history, 

18 driver, vehicle, and other law enforcement informa19 tion contained in the law enforcement databases of the 

20 Department of Justice, or any jurisdiction of a State, 

21 in the same manner as a police officer employed by 

22 a State or local authority of that State who is cer23 tified or commissioned under the laws of that State; 

24 ‘‘(2) use any radio, data link, or warning system 

25 of the Federal Government, and of any jurisdiction in 


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1 a State, that provides information about wanted per2 sons, be-on-the-lookout notices, warrant status, or 

3 other officer safety information to which a police offi4 cer employed by a State or local authority in that 

5 State who is certified or commission under the laws 

6 of that State has access and in the same manner as 

7 such police officer; or 

8 ‘‘(3) receive Federal, State, or local government 

9 communications with a police officer employed by a 

10 State or local authority in that State in the same 

11 manner as a police officer employed by a State or 

12 local authority in that State who is commissioned 

13 under the laws of that State. 

14 ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE IN15 FORMATION DEFINED.—In this section, the term ‘system of 

16 documented criminal justice information’ means any law 

17 enforcement database, system, or communication con18 taining information concerning identification, criminal 

19 history, arrests, convictions, arrest warrants, wanted or 

20 missing persons, including the National Crime Information 

21 Center and its incorporated criminal history databases and 

22 the National Law Enforcement Telecommunications Sys23 tem.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis for chapter 

25 401 is amended by adding at the end the following: 

‘‘40130. FAA access to criminal history records or databases systems.’’. 


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1 SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 

2 (a) IN GENERAL.—Section 47129 is amended— 

3 (1) in the section heading by striking ‘‘air car4 rier’’ and inserting ‘‘carrier’’; 

5 (2) in subsection (a) by striking ‘‘(as defined in 

6 section 40102 of this title)’’ and inserting ‘‘(as such 

7 terms are defined in section 40102)’’; 

8 (3) in the heading for subsection (d) by striking 

9 ‘‘AIR CARRIER’’ and inserting ‘‘AIR CARRIER AND

10 FOREIGN AIR CARRIER’’; 

11 (4) in the heading for paragraph (2) of sub12 section (d) by striking ‘‘AIR CARRIER’’ and inserting 

13 ‘‘AIR CARRIER AND FOREIGN AIR CARRIER’’; 

14 (5) by striking ‘‘air carriers’’ each place it ap15 pears and inserting ‘‘air carriers or foreign air car16 riers’’; 

17 (6) by striking ‘‘air carrier’’ each place it ap18 pears and inserting ‘‘air carrier or foreign air car19 rier’’; and 

20 (7) by striking ‘‘air carrier’s’’ each place it ap21 pears and inserting ‘‘air carrier’s or foreign air car22 rier’s’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chapter 

24 471 is amended by striking the item relating to section 

25 47129 and inserting the following: 

‘‘47129. Resolution of airport-carrier disputes concerning airport fees.’’. 


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1 SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIR2 PORT SYSTEMS. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of enactment of this Act, the Secretary of Transpor5 tation shall initiate a study to evaluate the formulation of 

6 the National Plan of Integrated Airport Systems (in this 

7 section referred to as the ‘‘plan’’) under section 47103 of 

8 title 49, United States Code. 

9 (b) CONTENTS OF STUDY.—The study shall include a 

10 review of the following: 

11 (1) The criteria used for including airports in 

12 the plan and the application of such criteria in the 

13 most recently published version of the plan. 

14 (2) The changes in airport capital needs between 

15 fiscal years 2003 and 2008, as reported in the plan, 

16 as compared with the amounts apportioned or other17 wise made available to individual airports over the 

18 same period of time. 

19 (3) A comparison of the amounts received by air20 ports under the airport improvement program in air21 port apportionments, State apportionments, and dis22 cretionary grants during such fiscal years with cap23 ital needs as reported in the plan. 

24 (4) The effect of transfers of airport apportion25 ments under title 49, United States Code. 


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1 (5) Any other matters pertaining to the plan 

2 that the Secretary determines appropriate. 

3 (c) REPORT TO CONGRESS.— 

4 (1) SUBMISSION.—Not later than 36 months 

5 after the date of initiation of the study, the Secretary 

6 shall submit to the Committee on Transportation and 

7 Infrastructure of the House of Representatives and the 

8 Committee on Commerce, Science, and Transpor9 tation of the Senate a report on the results of the 

10 study. 

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

12 (A) the findings of the Secretary on each of 

13 the subjects listed in subsection (b); 

14 (B) recommendations for any changes to 

15 policies and procedures for formulating the plan; 

16 and 

17 (C) recommendations for any changes to the 

18 methods of determining the amounts to be appor19 tioned or otherwise made available to individual 

20 airports. 

21 SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION. 

22 (a) IN GENERAL.—Section 201 of the Railway Labor 

23 Act (45 U.S.C. 181) is amended— 

24 (1) by striking ‘‘All’’ and inserting ‘‘(a) IN GEN25 ERAL.—All’’; 


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1 (2) by inserting ‘‘and every express carrier’’ 

2 after ‘‘common carrier by air’’; and 

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

4 ‘‘(b) SPECIAL RULES FOR EXPRESS CARRIERS.— 

5 ‘‘(1) IN GENERAL.—An employee of an express 

6 carrier shall be covered by this Act only if that em7 ployee is in a position that is eligible for certification 

8 under part 61, 63, or 65 of title 14, Code of Federal 

9 Regulations, and only if that employee performs du10 ties for the express carrier that are eligible for such 

11 certification. All other employees of an express carrier 

12 shall be covered by the provisions of the National 

13 Labor Relations Act (29 U.S.C. 151 et seq.). 

14 ‘‘(2) AIR CARRIER STATUS.—Any person that is 

15 an express carrier shall be governed by paragraph (1) 

16 notwithstanding any finding that the person is also 

17 a common carrier by air. 

18 ‘‘(3) EXPRESS CARRIER DEFINED.—In this sec19 tion, the term ‘express carrier’ means any person (or 

20 persons affiliated through common control or owner21 ship) whose primary business is the express shipment 

22 of freight or packages through an integrated network 

23 of air and surface transportation.’’. 

24 (b) CONFORMING AMENDMENT.—Section 1 of such Act 

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1 ing ‘‘, any express company that would have been subject 

2 to subtitle IV of title 49, United States Code, as of December 

3 31, 1995,’’. 

4 SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FA5 CILITIES. 

6 (a) ESTABLISHMENT OF WORKING GROUP.—Not later 

7 than 9 months after the date of enactment of this Act, the 

8 Secretary of Transportation shall establish within the Fed9 eral Aviation Administration (in this section referred to as 

10 the ‘‘FAA’’) a working group to develop criteria and make 

11 recommendations for the realignment of services and facili12 ties (including regional offices) of the FAA to assist in the 

13 transition to next generation facilities and to help reduce 

14 capital, operating, maintenance, and administrative costs 

15 in instances in which cost reductions can be implemented 

16 without adversely affecting safety. 

17 (b) MEMBERSHIP.—The working group shall be com18 posed of— 

19 (1) the Administrator of the FAA; 

20 (2) 2 representatives of air carriers; 

21 (3) 2 representatives of the general aviation com22 munity; 

23 (4) 2 representatives of labor unions representing 

24 employees who work at regional or field facilities of 

25 the FAA; and 


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1 (5) 2 representatives of the airport community. 

2 (c) REPORT TO CONGRESS CONTAINING RECOMMENDA3 TIONS OF THE WORKING GROUP.— 

4 (1) SUBMISSION.—Not later than 6 months after 

5 convening the working group, the Administrator shall 

6 submit to the Committee on Transportation and In7 frastructure of the House of Representatives and the 

8 Committee on Commerce, Science, and Transpor9 tation of the Senate a report containing the criteria 

10 and recommendations developed by the working group 

11 under this section. 

12 (2) CONTENTS.—The report shall include a jus13 tification for each recommendation to consolidate or 

14 realign a service or facility (including a regional of15 fice) and a description of the costs and savings associ16 ated with the consolidation or realignment. 

17 (d) PUBLIC NOTICE AND COMMENT.—The Adminis18 trator shall publish the report submitted under subsection 

19 (c) in the Federal Register and allow 45 days for the sub20 mission of public comments. In addition, the Administrator 

21 upon request shall hold a public hearing in a community 

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

23 (e) OBJECTIONS.—Any interested person may file with 

24 the Administrator a written objection to a recommendation 

25 of the working group. 


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1 (f) REPORT TO CONGRESS CONTAINING RECOMMENDA2 TIONS OF THE ADMINISTRATOR.—Not later than 60 days 

3 after the last day of the period for public comment under 

4 subsection (d), the Administrator shall submit to the com5 mittees referred to in subsection (c)(1) a report containing 

6 the recommendations of the Administrator on realignment 

7 of services and facilities (including regional offices) of the 

8 FAA and copies of any public comments and objections re9 ceived by the Administrator under this section. 

10 (g) LIMITATION ON IMPLEMENTATION OF REALIGN11 MENTS AND CONSOLIDATIONS.—The Administrator may 

12 not realign or consolidate any services or facilities (includ13 ing regional offices) of the FAA before the Administrator 

14 has submitted the report under subsection (f). 

15 (h) FAA DEFINED.—In this section, the term ‘‘FAA’’ 

16 means the Federal Aviation Administration. 

17 SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT IN18 SURANCE FOR NATIONAL TRANSPORTATION 

19 SAFETY BOARD EMPLOYEES. 

20 Section 1113 is amended by adding at the end the fol21 lowing: 

22 ‘‘(i) ACCIDENTAL DEATH AND DISMEMBERMENT IN23 SURANCE.— 

24 ‘‘(1) AUTHORITY TO PROVIDE INSURANCE.—The 

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1 ment insurance for an employee of the Board who 

2 travels for an accident investigation or other activity 

3 of the Board outside the United States or inside the 

4 United States under hazardous circumstances, as de5 fined by the Board. 

6 ‘‘(2) CREDITING OF INSURANCE BENEFITS TO

7 OFFSET UNITED STATES TORT LIABILITY.—Any 

8 amounts paid to a person under insurance coverage 

9 procured under this subsection shall be credited as off10 setting any liability of the United States to pay dam11 ages to that person under section 1346(b) of title 28, 

12 chapter 171 of title 28, chapter 163 of title 10, or any 

13 other provision of law authorizing recovery based 

14 upon tort liability of the United States in connection 

15 with the injury or death resulting in the insurance 

16 payment. 

17 ‘‘(3) TREATMENT OF INSURANCE BENEFITS.— 

18 Any amounts paid under insurance coverage procured 

19 under this subsection shall not— 

20 ‘‘(A) be considered additional pay or allow21 ances for purposes of section 5536 of title 5; or 

22 ‘‘(B) offset any benefits an employee may 

23 have as a result of government service, including 

24 compensation under chapter 81 of title 5. 


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1 ‘‘(4) ENTITLEMENT TO OTHER INSURANCE.— 

2 Nothing in this subsection shall be construed as affect3 ing the entitlement of an employee to insurance under 

4 section 8704(b) of title 5.’’. 

5 SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE INDUS6 TRY IN INTERNATIONAL CHILD ABDUCTION 

7 CASES. 

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

9 study to help determine how the Federal Aviation Adminis10 tration (in this section referred to as the ‘‘FAA’’) could bet11 ter ensure the collaboration and cooperation of air carriers 

12 and foreign air carriers providing air transportation and 

13 relevant Federal agencies to develop and enforce child safety 

14 control for adults traveling internationally with children. 

15 (b) CONTENTS.—In conducting the study, the Comp16 troller General shall examine— 

17 (1) the nature and scope of exit policies and pro18 cedures of the FAA, air carriers, and foreign air car19 riers and how the enforcement of such policies and 

20 procedures is monitored, including ticketing and 

21 boarding procedures; 

22 (2) the extent to which air carriers and foreign 

23 air carriers cooperate in the investigations of inter24 national child abduction cases, including cooperation 

25 with the National Center for Missing and Exploited 


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1 Children and relevant Federal, State, and local agen2 cies; 

3 (3) any effective practices, procedures, or lessons 

4 learned from the assessment of current practices and 

5 procedures of air carriers, foreign air carriers, and 

6 operators of other transportation modes that could 

7 improve the ability of the aviation community to en8 sure the safety of children traveling internationally 

9 with adults and, as appropriate, enhance the capa10 bility of air carriers and foreign air carriers to co11 operate in the investigations of international child 

12 abduction cases; and 

13 (4) any liability issues associated with providing 

14 assistance in such investigations. 

15 (c) REPORT.—Not later than one year after the date 

16 of the enactment of this Act, the Comptroller General shall 

17 submit to Congress a report on the results of the study. 

18 SEC. 810. LOST NATION AIRPORT, OHIO. 

19 (a) APPROVAL OF SALE.—The Secretary of Transpor20 tation may approve the sale of Lost Nation Airport from 

21 the city of Willoughby, Ohio, to Lake County, Ohio, if— 

22 (1) Lake County meets all applicable require23 ments for sponsorship of the airport; and 

24 (2) Lake County agrees to assume the obligations 

25 and assurances of the grant agreements relating to the 


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1 airport executed by the city of Willoughby under 

2 chapter 471 of title 49, United States Code, and to 

3 operate and maintain the airport in accordance with 

4 such obligations and assurances. 

5 (b) GRANTS.— 

6 (1) IN GENERAL.—The Secretary may make a 

7 grant, from funds made available under section 48103 

8 of title 49, United States Code, to Lake County to as9 sist in Lake County’s purchase of the Lost Nation 

10 Airport under subsection (a). 

11 (2) FEDERAL SHARE.—The Federal share of the 

12 grant under this subsection shall be for 90 percent of 

13 the cost of Lake County’s purchase of the Lost Nation 

14 Airport, but in no event may the Federal share of the 

15 grant exceed $1,220,000. 

16 (3) APPROVAL.—The Secretary may make a 

17 grant under this subsection only if the Secretary re18 ceives such written assurances as the Secretary may 

19 require under section 47107 of title 49, United States 

20 Code, with respect to the grant and Lost Nation Air21 port. 

22 (c) TREATMENT OF PROCEEDS FROM SALE.—The Sec23 retary may grant to the city of Willoughby an exemption 

24 from the provisions of sections 47107 and 47133 of such 

25 title, any grant obligations of the city of Willoughby, and 


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1 regulations and policies of the Federal Aviation Adminis2 tration to the extent necessary to allow the city of 

3 Willoughby to use the proceeds from the sale approved under 

4 subsection (a) for any purpose authorized by the city of 

5 Willoughby. 

6 SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) Pollock Municipal Airport located in Pollock, 

9 Louisiana (in this section referred to as the ‘‘air10 port’’), has never been included in the National Plan 

11 of Integrated Airport Systems pursuant to section 

12 47103 of title 49, United States Code, and is therefore 

13 not considered necessary to meet the current or future 

14 needs of the national aviation system; and 

15 (2) closing the airport will not adversely affect 

16 aviation safety, aviation capacity, or air commerce. 

17 (b) REQUEST FOR CLOSURE.— 

18 (1) APPROVAL.—Notwithstanding any other pro19 vision of law, requirement, or agreement and subject 

20 to the requirements of this section, the Administrator 

21 of the Federal Aviation Administration shall— 

22 (A) approve a request from the town of Pol23 lock, Louisiana, to close the airport as a public 

24 airport; and 


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1 (B) release the town from any term, condi2 tion, reservation, or restriction contained in a 

3 surplus property conveyance or transfer docu4 ment, and from any order or finding by the De5 partment of Transportation on the use and re6 payment of airport revenue applicable to the air7 port, that would otherwise prevent the closure of 

8 the airport and redevelopment of the facilities to 

9 nonaeronautical uses. 

10 (2) CONTINUED AIRPORT OPERATION PRIOR TO

11 APPROVAL.—The town of Pollock shall continue to op12 erate and maintain the airport until the Adminis13 trator grants the town’s request for closure of the air14 port. 

15 (3) USE OF PROCEEDS FROM SALE OF AIR16 PORT.—Upon the approval of the request to close the 

17 airport, the town of Pollock shall obtain fair market 

18 value for the sale of the airport property and shall 

19 immediately upon receipt transfer all such proceeds 

20 from the sale of the airport property to the sponsor 

21 of a public airport designated by the Administrator 

22 to be used for the development or improvement of such 

23 airport. 


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1 (4) RELOCATION OF AIRCRAFT.—Before closure 

2 of the airport, the town of Pollock shall provide ade3 quate time for any airport-based aircraft to relocate. 

4 SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY 

5 PROGRAM. 

6 (a) IN GENERAL.—Not later than 6 months after the 

7 date of enactment of this Act, the Administrator of the Fed8 eral Aviation Administration shall develop a human inter9 vention and motivation study program for flight crew10 members involved in air carrier operations in the United 

11 States under part 121 of title 14, Code of Federal Regula12 tions. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated to carry out this section such 

15 sums as may be necessary for each of fiscal years 2009 

16 through 2012. Such sums shall remain available until ex17 pended. 

18 SEC. 813. WASHINGTON, DC, AIR DEFENSE IDENTIFICATION 

19 ZONE. 

20 (a) SUBMISSION OF PLAN TO CONGRESS.—Not later 

21 than 90 days after the date of enactment of this Act, the 

22 Administrator of the Federal Aviation Administration, in 

23 consultation with Secretary of Homeland Security and Sec24 retary of Defense, shall submit to the Committee on Trans25 portation and Infrastructure and Committee on Homeland 


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1 Security of the House of Representatives and the Committee 

2 on Commerce, Science, and Transportation of the Senate 

3 a plan for the Washington, DC, Air Defense Identification 

4 Zone. 

5 (b) CONTENTS OF PLAN.—The plan shall outline spe6 cific changes to the Washington, DC, Air Defense Identifica7 tion Zone that will decrease operational impacts and im8 prove general aviation access to airports in the National 

9 Capital Region that are currently impacted by the zone. 

10 SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, including the Federal Airport Act (as in effect 

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

14 monetary consideration, all restrictions, conditions, and 

15 limitations on the use, encumbrance, or conveyance of cer16 tain land located in the municipality of Anchorage, Alaska, 

17 more particularly described as Tracts 22 and 24 of the 

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

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

20 June 13, 1923, on file in the Bureau of Land Management, 

21 Department of Interior. 

22 (b) GRANTS.—Notwithstanding any other provision of 

23 law, the municipality of Anchorage shall be released from 

24 the repayment of any outstanding grant obligations owed 

25 by the municipality to the Federal Aviation Administration 


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1 with respect to any land described in subsection (a) that 

2 is subsequently conveyed to or used by the Department of 

3 Transportation and Public Facilities of the State of Alaska 

4 for the construction or reconstruction of a federally sub5 sidized highway project. 

6 SEC. 815. 1940 AIR TERMINAL MUSEUM AT WILLIAM P. 

7 HOBBY AIRPORT, HOUSTON, TEXAS. 

8 It is the sense of Congress that the Nation— 

9 (1) supports the goals and ideals of the 1940 Air 

10 Terminal Museum located at William P. Hobby Air11 port in the city of Houston, Texas; 

12 (2) congratulates the city of Houston and the 

13 1940 Air Terminal Museum on the 80-year history of 

14 William P. Hobby Airport and the vital role of the 

15 airport in Houston’s and the Nation’s transportation 

16 infrastructure; and 

17 (3) recognizes the 1940 Air Terminal Museum 

18 for its importance to the Nation in the preservation 

19 and presentation of civil aviation heritage and recog20 nizes the importance of civil aviation to the Nation’s 

21 history and economy. 

22 SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMITATIONS 

23 APPLICABLE TO FLIGHT CREWMEMBERS. 

24 Not later than 180 days after the date of enactment 

25 of this Act, the Administrator of the Federal Aviation AdVerDate Nov 24 2008 23:31 May 19, 2009 Jkt 079200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6203 E:\BILLS\H915.RH H915

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1 ministration shall initiate a rulemaking proceeding for the 

2 following purposes: 

3 (1) To require a flight crewmember who is em4 ployed by an air carrier conducting operations under 

5 part 121 of title 14, Code of Federal Regulations, and 

6 who accepts an additional assignment for flying 

7 under part 91 of such title from the air carrier or 

8 from any other air carrier conducting operations 

9 under part 121 or 135 of such title, to apply the pe10 riod of the additional assignment (regardless of 

11 whether the assignment is performed by the flight 

12 crewmember before or after an assignment to fly 

13 under part 121 of such title) toward any limitation 

14 applicable to the flight crewmember relating to duty 

15 periods or flight times under part 121 of such title. 

16 (2) To require a flight crewmember who is em17 ployed by an air carrier conducting operations under 

18 part 135 of title 14, Code of Federal Regulations, and 

19 who accepts an additional assignment for flying 

20 under part 91 of such title from the air carrier or 

21 any other air carrier conducting operations under 

22 part 121 or 135 of such title, to apply the period of 

23 the additional assignment (regardless of whether the 

24 assignment is performed by the flight crewmember be25 fore or after an assignment to fly under part 135 of 


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1 such title) toward any limitation applicable to the 

2 flight crewmember relating to duty periods or flight 

3 times under part 135 of such title. 

4 SEC. 817. PILOT PROGRAM FOR REDEVELOPMENT OF AIR5 PORT PROPERTIES. 

6 (a) IN GENERAL.—Not later than one year after the 

7 date of enactment of this Act, the Administrator of the Fed8 eral Aviation Administration shall establish a pilot pro9 gram at up to 4 public-use airports (as defined in section 

10 47102 of title 49, United States Code) that have a noise 

11 compatibility program approved by the Administrator 

12 under section 47504 of such title. 

13 (b) GRANTS.—Under the pilot program, the Adminis14 trator may make a grant in a fiscal year, from funds made 

15 available under section 47117(e)(1)(A) of such title, to the 

16 operator of an airport participating in the pilot program— 

17 (1) to support joint planning (including plan18 ning described in section 47504(a)(2)(F) of such 

19 title), engineering design, and environmental permit20 ting for the assembly and redevelopment of real prop21 erty purchased with noise mitigation funds made 

22 available under section 48103 or passenger facility 

23 revenues collected for the airport under section 40117 

24 of such title; and 


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1 (2) to encourage compatible land uses with the 

2 airport and generate economic benefits to the airport 

3 operator and an affected local jurisdiction. 

4 (c) GRANT REQUIREMENTS.—The Administrator may 

5 not make a grant under this section unless the grant is 

6 made— 

7 (1) to enable the airport operator and an affected 

8 local jurisdiction to expedite their noise mitigation 

9 redevelopment efforts with respect to real property de10 scribed in subsection (b)(1); 

11 (2) subject to a requirement that the affected 

12 local jurisdiction has adopted zoning regulations that 

13 permit compatible redevelopment of real property de14 scribed in subsection (b)(1); and 

15 (3) subject to a requirement that funds made 

16 available under section 47117(e)(1)(A) with respect to 

17 real property assembled and redeveloped under sub18 section (b)(1) plus the amount of any grants made for 

19 acquisition of such property under section 47504 of 

20 such title are repaid to the Administrator upon the 

21 sale of such property. 

22 (d) COOPERATION WITH LOCAL AFFECTED JURISDIC23 TION.—An airport operator may use funds granted under 

24 this section for a purpose described in subsection (b) only 

25 in cooperation with an affected local jurisdiction. 


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1 (e) UNITED STATES GOVERNMENT SHARE.— 

2 (1) IN GENERAL.—The United States Govern3 ment share of the allowable costs of a project carried 

4 out under the pilot program shall be 80 percent. 

5 (2) DETERMINATION.—In determining the allow6 able project costs of a project carried out under the 

7 pilot program for purposes of this subsection, the Ad8 ministrator shall deduct from the total costs of the 

9 project that portion of the total costs of the project 

10 that are incurred with respect to real property that 

11 is not owned or to be acquired by the airport operator 

12 pursuant to the noise compatibility program for the 

13 airport or that is not owned by an affected local ju14 risdiction or other public entity. 

15 (3) MAXIMUM AMOUNT.—Not more than 

16 $5,000,000 in funds made available under section 

17 47117(e) of title 49, United States Code, may be ex18 pended under this pilot program at any single public19 use airport. 

20 (f) SPECIAL RULES FOR REPAID FUNDS.—The 

21 amounts repaid to the Administrator with respect to an air22 port under subsection (c)(3)— 

23 (1) shall be available to the Administrator for 

24 the following actions giving preference to such actions 

25 in descending order: 


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1 (A) reinvestment in an approved noise com2 patibility project at the airport; 

3 (B) reinvestment in another project at the 

4 airport that is available for funding under sec5 tion 47117(e) of title 49, United States Code; 

6 (C) reinvestment in an approved airport 

7 development project at the airport that is eligible 

8 for funding under section 47114, 47115, or 

9 47117 of such title; 

10 (D) reinvestment in approved noise compat11 ibility project at any other public airport; and 

12 (E) deposit in the Airport and Airway 

13 Trust Fund established under section 9502 of the 

14 Internal Revenue Code of 1986 (26 U.S.C. 9502); 

15 (2) shall be in addition to amounts authorized 

16 under section 48103 of title 49, United States Code; 

17 and 

18 (3) shall remain available until expended. 

19 (g) USE OF PASSENGER FACILITY REVENUE.—An op20 erator of an airport participating in the pilot program may 

21 use passenger facility revenue collected for the airport under 

22 section 40117 of title 49, United States Code, to pay the 

23 portion of the total cost of a project carried out by the oper24 ator under the pilot program that are not allowable under 

25 subsection (e)(2). 


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1 (h) SUNSET.—The Administrator may not make a 

2 grant under the pilot program after September 30, 2012. 

3 (i) REPORT TO CONGRESS.—Not later than the last 

4 day of the 30th month following the date on which the first 

5 grant is made under this section, the Administrator shall 

6 report to Congress on the effectiveness of the pilot program 

7 on returning real property purchased with noise mitigation 

8 funds made available under section 47117(e)(1)(A) or 

9 47505 or passenger facility revenues to productive use. 

10 (j) NOISE COMPATIBILITY MEASURES.—Section 

11 47504(a)(2) is amended— 

12 (1) by striking ‘‘and’’ at the end of subpara13 graph (D); 

14 (2) by striking the period at the end of subpara15 graph (E) and inserting ‘‘; and’’; and 

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

17 ‘‘(F) joint comprehensive land use planning, 

18 including master plans, traffic studies, environ19 mental evaluation and economic and feasibility 

20 studies, with neighboring local jurisdictions un21 dertaking community redevelopment in the area 

22 where any land or other property interest ac23 quired by the airport operator under this sub24 section is located, to encourage and enhance rede25 velopment opportunities that reflect zoning and 


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1 uses that will prevent the introduction of addi2 tional incompatible uses and enhance redevelop3 ment potential.’’. 

4 SEC. 818. HELICOPTER OPERATIONS OVER LONG ISLAND 

5 AND STATEN ISLAND, NEW YORK. 

6 (a) STUDY.—The Administrator of the Federal Avia7 tion Administration shall conduct a study on helicopter op8 erations over Long Island and Staten Island, New York. 

9 (b) CONTENTS.—In conducting the study, the Admin10 istrator shall examine, at a minimum, the following: 

11 (1) The effect of helicopter operations on residen12 tial areas, including— 

13 (A) safety issues relating to helicopter oper14 ations; 

15 (B) noise levels relating to helicopter oper16 ations and ways to abate the noise levels; and 

17 (C) any other issue relating to helicopter 

18 operations on residential areas. 

19 (2) The feasibility of diverting helicopters from 

20 residential areas. 

21 (3) The feasibility of creating specific air lanes 

22 for helicopter operations. 

23 (4) The feasibility of establishing altitude limits 

24 for helicopter operations. 


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1 (c) EXCEPTIONS.—Any determination under this sec2 tion on the feasibility of establishing limitations or restric3 tions for helicopter operations over Long Island and Staten 

4 Island, New York, shall not apply to helicopters performing 

5 operations for news organizations, the military, law en6 forcement, or providers of emergency services. 

7 (d) LIMITATION ON STATUTORY CONSTRUCTION.— 

8 Nothing in this section shall be construed to interfere with 

9 the Federal Aviation Administration’s authority to ensure 

10 the safe and efficient use of the national airspace system. 

11 (e) REPORT.—Not later than 6 months after the date 

12 of the enactment of this Act, the Administrator shall submit 

13 to Congress a report on the results of the study, including 

14 information and recommendations concerning the issues ex15 amined under subsection (b). 

16 SEC. 819. CABIN TEMPERATURE STANDARDS STUDY. 

17 (a) STUDY.—Not later than 6 months after the date 

18 of enactment of this Act, the Administrator of the Federal 

19 Aviation Administration shall conduct a study to determine 

20 whether onboard temperature standards are necessary to 

21 protect cabin and cockpit crew members and passengers on 

22 an aircraft of an air carrier used to provide air transpor23 tation from excessive heat onboard such aircraft during 

24 standard operations or during an excessive flight delay. 


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1 (b) TEMPERATURE REVIEW.—In conducting the study 

2 under subsection (a), the Administrator shall— 

3 (1) survey onboard cabin and cockpit tempera4 tures of a representative sampling of different aircraft 

5 types and operations; 

6 (2) address the appropriate placement of tem7 perature monitoring devices onboard the aircraft to 

8 determine the most accurate measurement of onboard 

9 temperature and develop a system for the reporting of 

10 excessive temperature onboard passenger aircraft by 

11 cockpit and cabin crew members; and 

12 (3) review the impact of implementing such on13 board temperature standards on the environment, fuel 

14 economy, and avionics and determine the costs associ15 ated with such implementation and the feasibility of 

16 using ground equipment or other mitigation measures 

17 to offset any such costs. 

18 (c) REPORT TO CONGRESS.—Not later than 18 months 

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

20 shall submit to Congress a report on the findings of the 

21 study. 

22 SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS. 

23 Section 46301 is amended— 

24 (1) in subsection (a)(1)(A) by inserting ‘‘chapter 

25 451,’’ before ‘‘section 47107(b)’’; 


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1 (2) in subsection (a)(5)(A)(i)— 

2 (A) by striking ‘‘or chapter 449’’ and in3 serting ‘‘chapter 449’’; and 

4 (B) by inserting after ‘‘44909)’’ the fol5 lowing: ‘‘, or chapter 451’’; and 

6 (3) in subsection (d)(2)— 

7 (A) by inserting after ‘‘44723)’’ the fol8 lowing: ‘‘, chapter 451 (except section 45107)’’; 

9 and 

10 (B) by inserting after ‘‘44909),’’ the fol11 lowing: ‘‘section 45107 or’’. 

12 SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGES13 TION. 

14 Not later than 18 months after the date of enactment 

15 of this Act, the Comptroller General shall conduct a study 

16 and submit a report to Congress regarding effective strate17 gies to alleviate congestion in the national airspace at air18 ports during peak travel times, by evaluating the effective19 ness of reducing flight schedules and staggering flights, de20 veloping incentives for airlines to reduce the number of 

21 flights offered, and instituting slots and quotas at airports. 

22 In addition, the Comptroller General shall compare the effi23 ciency of implementing the strategies in the preceding sen24 tence with redesigning airspace and evaluate any legal ob25 stacles to implementing such strategies. 


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1 SEC. 822. AIRLINE PERSONNEL TRAINING ENHANCEMENT. 

2 Not later than one year after the date of enactment 

3 of this Act, the Secretary of Transportation shall issue regu4 lations under chapter 447 of title 49, United States Code, 

5 that require air carriers to provide initial and annual re6 curring training for flight attendants and gate attendants 

7 regarding serving alcohol, dealing with disruptive pas8 sengers, and recognizing intoxicated persons. The training 

9 shall include situational training on methods of handling 

10 an intoxicated person who is belligerent. 

11 SEC. 823. STUDY ON FEASIBILITY OF DEVELOPMENT OF A 

12 PUBLIC INTERNET WEB-BASED SEARCH EN13 GINE ON WIND TURBINE INSTALLATION OB14 STRUCTION. 

15 (a) STUDY.—The Administrator of the Federal Avia16 tion Administration shall carry out a study on the feasi17 bility of developing a publicly searchable, Internet Web18 based resource that provides information regarding the ac19 ceptable height and distance that wind turbines may be in20 stalled in relation to aviation sites and the level of obstruc21 tion such turbines may present to such sites. 

22 (b) CONSIDERATIONS.—In conducting the study, the 

23 Administrator shall consult, if appropriate, with the Secre24 taries of the Army, Navy and Air Force, Homeland Secu25 rity, Agriculture, and Energy to coordinate the require26 ments of each agency for future air space needs, determine 


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1 what the acceptable risks are to existing infrastructure of 

2 each agency, and define the different levels of risk for such 

3 infrastructure. 

4 (c) IMPACT OF WIND TURBINES ON RADAR SIGNALS.— 

5 In conducting the study, the Administrator shall consider 

6 the impact of the operation of wind turbines, individually 

7 and in collections, on radar signals and evaluate the feasi8 bility of providing quantifiable measures of numbers of tur9 bines and distance from radars that are acceptable. 

10 (d) REPORT.—Not later than one year after the date 

11 of enactment of this Act, the Secretary shall submit a report 

12 on the results of the study to the Committee on Transpor13 tation and Infrastructure, Committee on Homeland Secu14 rity, Committee on Armed Services, Committee on Agri15 culture, and Committee on Science and Technology of the 

16 House of Representatives and the Committee on Commerce, 

17 Science, and Transportation, Committee on Homeland Se18 curity and Governmental Affairs, Committee on Agri19 culture, Nutrition, and Forestry, andCommittee on Armed 

20 Services of the Senate. 

21 SEC. 824. WIND TURBINE LIGHTING. 

22 (a) STUDY.—The Administrator of the Federal Avia23 tion Administration shall conduct a study on wind turbine 

24 lighting systems. 


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1 (b) CONTENTS.—In conducting the study, the Admin2 istrator shall examine the following: 

3 (1) The effect of wind turbine lighting on resi4 dential areas. 

5 (2) The safety issues associated with alternative 

6 lighting strategies, technologies, and regulations. 

7 (3) Potential energy savings associated with al8 ternative lighting strategies, technologies, and regula9 tions. 

10 (4) The feasibility of implementing alternative 

11 lighting strategies or technologies. 

12 (5) Any other issue relating to wind turbine 

13 lighting. 

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

15 of enactment of this Act, the Administrator shall submit 

16 to Congress a report on the results of the study, including 

17 information and recommendations concerning the issues ex18 amined under subsection (b). 

19 SEC. 825. LIMITING ACCESS TO FLIGHT DECKS OF ALL20 CARGO AIRCRAFT. 

21 (a) STUDY.—Not later than 180 days after the date 

22 of enactment of this Act, the Administrator of the Federal 

23 Aviation Administration, in consultation with appropriate 

24 air carriers, aircraft manufacturers, and air carrier labor 

25 representatives, shall conduct a study to identify a physical 


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1 means, or a combination of physical and procedural means, 

2 of limiting access to the flight decks of all-cargo aircraft 

3 to authorized flight crew members. 

4 (b) REPORT.—Not later than one year after the date 

5 of enactment of this Act, the Administrator shall submit 

6 to Congress a report on the results of the study. 

7 TITLE IX—FEDERAL AVIATION 

8 RESEARCH AND DEVELOPMENT 

9 SEC. 901. SHORT TITLE. 

10 This title may be cited as the ‘‘Federal Aviation Re11 search and Development Reauthorization Act of 2009’’. 

12 SEC. 902. DEFINITIONS. 

13 As used in this title, the following definition apply: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Federal Avia16 tion Administration. 

17 (2) FAA.—The term ‘‘FAA’’ means the Federal 

18 Aviation Administration. 

19 (3) NASA.—The term ‘‘NASA’’ means the Na20 tional Aeronautics and Space Administration. 

21 (4) NATIONAL RESEARCH COUNCIL.—The term 

22 ‘‘National Research Council’’ means the National Re23 search Council of the National Academies of Science 

24 and Engineering. 


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1 (5) NOAA.—The term ‘‘NOAA’’ means the Na2 tional Oceanic and Atmospheric Administration. 

3 (6) NSF.—The term ‘‘NSF’’ means the National 

4 Science Foundation. 

5 (7) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 

7 SEC. 903. INTERAGENCY RESEARCH INITIATIVE ON THE IM8 PACT OF AVIATION ON THE CLIMATE. 

9 (a) IN GENERAL.—The Administrator, in coordination 

10 with NASA and the United States Climate Change Science 

11 Program, shall carry out a research initiative to assess the 

12 impact of aviation on the climate and, if warranted, to 

13 evaluate approaches to mitigate that impact. 

14 (b) RESEARCH PLAN.—Not later than one year after 

15 the date of enactment of this Act, the participating Federal 

16 entities shall jointly develop a plan for the research pro17 gram that contains the objectives, proposed tasks, mile18 stones, and 5-year budgetary profile. 

19 SEC. 904. RESEARCH PROGRAM ON RUNWAYS. 

20 (a) RESEARCH PROGRAM.—The Administrator shall 

21 maintain a program of research grants to universities and 

22 nonprofit research foundations for research and technology 

23 demonstrations related to— 

24 (1) improved runway surfaces; and 


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1 (2) engineered material restraining systems for 

2 runways at both general aviation airports and air3 ports with commercial air carrier operations. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated such sums as may be nec6 essary for each of the fiscal years 2009 through 2012 to 

7 carry out this section. 

8 SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION. 

9 (a) ESTABLISHMENT OF PROGRAM.—Not later than 6 

10 months after the date of enactment of this Act, the FAA, 

11 in consultation with other agencies as appropriate, shall 

12 establish a research program on methods to improve both 

13 confidence in and the timeliness of certification of new tech14 nologies for their introduction into the national airspace 

15 system. 

16 (b) RESEARCH PLAN.—Not later than 1 year after the 

17 date of enactment of this Act, as part of the activity de18 scribed in subsection (a), the FAA shall develop a plan for 

19 the research program that contains the objectives, proposed 

20 tasks, milestones, and five-year budgetary profile. 

21 (c) REVIEW.—The Administrator shall have the Na22 tional Research Council conduct an independent review of 

23 the research program plan and provide the results of that 

24 review to the Committee on Science and Technology and 

25 the Committee on Transportation and Infrastructure of the 


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1 House of Representatives and the Committee on Commerce, 

2 Science, and Transportation of the Senate not later than 

3 18 months after the date of enactment of this Act. 

4 SEC. 906. CENTERS OF EXCELLENCE. 

5 (a) GOVERNMENT’S SHARE OF COSTS.—Section 

6 44513(f) is amended to read as follows: 

7 ‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The United 

8 States Government’s share of establishing and operating the 

9 center and all related research activities that grant recipi10 ents carry out shall not exceed 75 percent of the costs. The 

11 United States Government’s share of an individual grant 

12 under this section shall not exceed 90 percent of the costs.’’. 

13 (b) ANNUAL REPORT.—The Administrator shall trans14 mit annually to the Committee on Science and Technology 

15 and the Committee on Transportation and Infrastructure 

16 of the House of Representatives and the Committee on Com17 merce, Science, and Transportation of the Senate at the 

18 time of the President’s budget request a report that lists— 

19 (1) the research projects that have been initiated 

20 by each Center of Excellence in the preceding year; 

21 (2) the amount of funding for each research 

22 project and the funding source; 

23 (3) the institutions participating in each project 

24 and their shares of the overall funding for each re25 search project; and 


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1 (4) the level of cost-sharing for each research 

2 project. 

3 SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM. 

4 Section 44511(f) is amended— 

5 (1) in paragraph (1) by striking ‘‘establish a 4- 

6 year pilot’’ and inserting ‘‘maintain an’’; and 

7 (2) in paragraph (4)— 

8 (A) by striking ‘‘expiration of the program’’ 

9 and inserting ‘‘expiration of the pilot program’’; 

10 and 

11 (B) by striking ‘‘program, including rec12 ommendations as to the need for establishing a 

13 permanent airport cooperative research pro14 gram’’ and inserting ‘‘program’’. 

15 SEC. 908. UNMANNED AIRCRAFT SYSTEMS. 

16 (a) RESEARCH INITIATIVE.—Section 44504(b) is 

17 amended— 

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

19 semicolon; 

20 (2) in paragraph (7) by striking the period at 

21 the end and inserting ‘‘; and’’; and 

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

23 ‘‘(8) in conjunction with other Federal agencies, 

24 as appropriate, to develop technologies and methods to 

25 assess the risk of and prevent defects, failures, and 


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1 malfunctions of products, parts, and processes, for use 

2 in all classes of unmanned aircraft systems that could 

3 result in a catastrophic failure of the unmanned air4 craft that would endanger other aircraft in the na5 tional airspace system.’’. 

6 (b) SYSTEMS, PROCEDURES, FACILITIES, AND DE7 VICES.—Section 44505(b) is amended— 

8 (1) in paragraph (4) by striking ‘‘and’’ after the 

9 semicolon; 

10 (2) in paragraph (5)(C) by striking the period at 

11 the end and inserting a semicolon; and 

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

13 ‘‘(6) to develop a better understanding of the re14 lationship between human factors and unmanned air15 craft systems safety; and 

16 ‘‘(7) to develop dynamic simulation models for 

17 integrating all classes of unmanned aircraft systems 

18 into the national airspace system without any deg19 radation of existing levels of safety for all national 

20 airspace system users.’’. 

21 SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UN22 DERGRADUATE STUDENTS. 

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

24 a program to utilize colleges and universities, including 

25 Historically Black Colleges and Universities, Hispanic 


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1 serving institutions, tribally controlled colleges and univer2 sities, and Alaska Native and Native Hawaiian serving in3 stitutions in conducting research by undergraduate students 

4 on subjects of relevance to the FAA. Grants may be awarded 

5 under this section for— 

6 (1) research projects to be carried out primarily 

7 by undergraduate students; 

8 (2) research projects that combine undergraduate 

9 research with other research supported by the FAA; 

10 (3) research on future training requirements re11 lated to projected changes in regulatory requirements 

12 for aircraft maintenance and power plant licensees; 

13 and 

14 (4) research on the impact of new technologies 

15 and procedures, particularly those related to aircraft 

16 flight deck and air traffic management functions, and 

17 on training requirements for pilots and air traffic 

18 controllers. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated $5,000,000 for each of the 

21 fiscal years 2009 through 2012, for research grants under 

22 this section. 


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1 SEC. 910. AVIATION GAS RESEARCH AND DEVELOPMENT 

2 PROGRAM. 

3 (a) CONTINUATION OF PROGRAM.—The Administrator, 

4 in coordination with the NASA Administrator, shall con5 tinue research and development activities into technologies 

6 for modification of existing general aviation piston engines 

7 to enable their safe operation using unleaded aviation fuel. 

8 (b) ROADMAP.—Not later than 120 days after the date 

9 of enactment of this Act, the Administrator shall develop 

10 a research and development roadmap for the program con11 tinued in subsection (a), containing the specific research 

12 and development objectives and the anticipated timetable 

13 for achieving the objectives. 

14 (c) REPORT.—Not later than 130 days after the date 

15 of enactment of this Act, the Administrator shall provide 

16 the roadmap specified in subsection (b) to the Committee 

17 on Science and Technology of the House of Representatives 

18 and the Committee on Commerce, Science, and Transpor19 tation of the Senate. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated $750,000 for each of the fiscal 

22 years 2009 through 2012 to carry out this section. 

23 SEC. 911. REVIEW OF FAA’S ENERGY- AND ENVIRONMENT24 RELATED RESEARCH PROGRAMS. 

25 (a) STUDY.—The Administrator shall enter into an ar26 rangement with the National Research Council for a review 


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1 of the FAA’s energy- and environment-related research pro2 grams. The review shall assess whether— 

3 (1) the programs have well-defined, prioritized, 

4 and appropriate research objectives; 

5 (2) the programs are properly coordinated with 

6 the energy- and environment-related research pro7 grams of NASA, NOAA, and other relevant agencies; 

8 (3) the programs have allocated appropriate re9 sources to each of the research objectives; and 

10 (4) there exist suitable mechanisms for 

11 transitioning the research results into the FAA’s oper12 ational technologies and procedures and certification 

13 activities. 

14 (b) REPORT.—A report containing the results of the 

15 review shall be provided to the Committee on Science and 

16 Technology of the House of Representatives and the Com17 mittee on Commerce, Science, and Transportation of the 

18 Senate within 18 months of the enactment of this Act. 

19 SEC. 912. REVIEW OF FAA’S AVIATION SAFETY-RELATED RE20 SEARCH PROGRAMS. 

21 (a) REVIEW.—The Administrator shall enter into an 

22 arrangement with the National Research Council for an 

23 independent review of the FAA’s aviation safety-related re24 search programs. The review shall assess whether— 


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1 (1) the programs have well-defined, prioritized, 

2 and appropriate research objectives; 

3 (2) the programs are properly coordinated with 

4 the safety research programs of NASA and other rel5 evant Federal agencies; 

6 (3) the programs have allocated appropriate re7 sources to each of the research objectives; and 

8 (4) there exist suitable mechanisms for 

9 transitioning the research results from the programs 

10 into the FAA’s operational technologies and proce11 dures and certification activities in a timely manner. 

12 (b) AVIATION SAFETY-RELATED RESEARCH PRO13 GRAMS TO BE ASSESSED.—The FAA aviation safety-re14 lated research programs to be assessed under the review 

15 shall include, at a minimum, the following: 

16 (1) Air traffic control/technical operations 

17 human factors. 

18 (2) Runway incursion reduction. 

19 (3) Flightdeck/maintenance system integration 

20 human factors. 

21 (4) Airports technology research—safety. 

22 (5) Airport cooperative research program—safe23 ty. 

24 (6) Weather program. 

25 (7) Atmospheric hazards/digital system safety. 


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1 (8) Fire research and safety. 

2 (9) Propulsion and fuel systems. 

3 (10) Advanced materials/structural safety. 

4 (11) Aging aircraft. 

5 (12) Aircraft catastrophic failure prevention re6 search. 

7 (13) Aeromedical research. 

8 (14) Aviation safety risk analysis. 

9 (15) Unmanned aircraft systems research. 

10 (c) REPORT.—Not later than 14 months after the date 

11 of enactment of this Act, the Administrator shall submit 

12 to Congress a report on the results of the review. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi14 tion to amounts authorized to be appropriated by the 

15 amendments made by this Act, there is authorized to be ap16 propriated $700,000 for fiscal year 2009 to carry out this 

17 section. 

18 SEC. 913. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL 

19 TECHNOLOGY FOR CIVIL AIRCRAFT. 

20 (a) ESTABLISHMENT OF RESEARCH PROGRAM.— 

21 Using amounts made available under section 48102(a) of 

22 title 49, United States Code, the Secretary of Transpor23 tation shall conduct a research program related to devel24 oping jet fuel from alternative sources (such as coal, natural 

25 gas, biomass, ethanol, butanol, and hydrogen) through 


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1 grants or other measures authorized under section 106(l)(6) 

2 of such title, including reimbursable agreements with other 

3 Federal agencies. 

4 (b) PARTICIPATION BY EDUCATIONAL AND RESEARCH

5 INSTITUTIONS.—In conducting the program, the Secretary 

6 shall provide for participation by educational and research 

7 institutions that have existing facilities and experience in 

8 the development and deployment of technology for alter9 native jet fuels. 

10 (c) DESIGNATION OF INSTITUTE AS A CENTER OF EX11 CELLENCE.—Not later than 6 months after the date of en12 actment of this Act, the Administrator of the Federal Avia13 tion Administration shall designate an institution de14 scribed in subsection (a) as a Center of Excellence for Alter15 native Jet Fuel Research. 

16 SEC. 914. CENTER FOR EXCELLENCE IN AVIATION EMPLOY17 MENT. 

18 (a) ESTABLISHMENT.—The Administrator shall estab19 lish a Center for Excellence in Aviation Employment (in 

20 this section referred to as the ‘‘Center’’). 

21 (b) APPLIED RESEARCH AND TRAINING.—The Center 

22 shall conduct applied research and training on— 

23 (1) human performance in the air transportation 

24 environment; 


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1 (2) air transportation personnel, including air 

2 traffic controllers, pilots, and technicians; and 

3 (3) any other aviation human resource issues 

4 pertinent to developing and maintaining a safe and 

5 efficient air transportation system. 

6 (c) DUTIES.—The Center shall— 

7 (1) in conjunction with the Collegiate Training 

8 Initiative and other air traffic controller training 

9 programs, develop, implement, and evaluate a com10 prehensive, best-practices based training program for 

11 air traffic controllers; 

12 (2) work with the Office of Human Resource 

13 Management of the FAA as that office develops and 

14 implements a strategic recruitment and marketing 

15 program to help the FAA compete for the best quali16 fied employees and incorporate an employee value 

17 proposition process that results in attracting a broad18 based and diverse aviation workforce in mission crit19 ical positions, including air traffic controller, avia20 tion safety inspector, airway transportation safety 

21 specialist, and engineer; 

22 (3) through industry surveys and other research 

23 methodologies and in partnership with the ‘‘Taskforce 

24 on the Future of the Aerospace Workforce’’ and the 

25 Secretary of Labor, establish a baseline of general 


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1 aviation employment statistics for purposes of pro2 jecting and anticipating future workforce needs and 

3 demonstrating the economic impact of general avia4 tion employment; 

5 (4) conduct a comprehensive analysis of the air6 frame and powerplant technician certification process 

7 and employment trends for maintenance repair orga8 nization facilities, certificated repair stations, and 

9 general aviation maintenance organizations; 

10 (5) establish a best practices model in aviation 

11 maintenance technician school environments; and 

12 (6) establish a workforce retraining program to 

13 allow for transition of recently unemployed and high14 ly skilled mechanics into aviation employment. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated to the Administrator such 

17 sums as may be necessary to carry out this section. Such 

18 sums shall remain available until expended. 


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Union Calendar No. 62 

111TH CONGRESS 

1ST SESSION H. R. 915 

[Report No. 111–119, Part I] 

A BILL 

To amend title 49, United States Code, to authortem, and for other purposes. vide stable funding for the national aviation sys- to improve aviation safety and capacity, to pro- ministration for fiscal years 2009 through 2012, ize appropriations for the Federal Aviation AdMAY 19, 2009 

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

MAY 19, 2009 

Committee on Science and Technology discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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