```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 915 Engrossed in House (EH)]

111th CONGRESS
  1st Session
                                H. R. 915

_______________________________________________________________________

                                 AN ACT

 
To amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 2010 through 2012, 
to improve aviation safety and capacity, to provide stable funding for 
         the national aviation system, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``FAA 
Reauthorization Act of 2009''.
    (b) Table of Contents.--The table of contents for 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. Participation of disadvantaged business enterprises in 
                            contracts, subcontracts, and business 
                            opportunities funded using passenger 
                            facility revenues and in airport 
                            concessions.
Sec. 116. 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.
Sec. 135. Amendments to allowable costs.
Sec. 136. Preference for small business concerns owned and controlled 
                            by disabled veterans.
Sec. 137. Airport disadvantaged business enterprise program.
Sec. 138. Training program for certification of disadvantaged business 
                            enterprises.
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.
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.
Sec. 312. Cockpit smoke.
Sec. 313. Safety of helicopter air ambulance operations.
Sec. 314. Feasibility of requiring helicopter pilots to use night 
                            vision goggles.
Sec. 315. Study of helicopter and fixed wing air ambulance services.
                 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. Smoking prohibition.
Sec. 402. Monthly air carrier reports.
Sec. 403. Flight operations at Reagan National Airport.
Sec. 404. EAS contract guidelines.
Sec. 405. Essential air service reform.
Sec. 406. Small community air service.
Sec. 407. Air passenger service improvements.
Sec. 408. Contents of competition plans.
Sec. 409. Extension of competitive access reports.
Sec. 410. Contract tower program.
Sec. 411. Airfares for members of the Armed Forces.
Sec. 412. Repeal of essential air service local participation program.
Sec. 413. Adjustment to subsidy cap to reflect increased fuel costs.
Sec. 414. Notice to communities prior to termination of eligibility for 
                            subsidized essential air service.
Sec. 415. Restoration of eligibility to a place determined by the 
                            Secretary to be ineligible for subsidized 
                            essential air service.
Sec. 416. Office of Rural Aviation.
Sec. 417. Adjustments to compensation for significantly increased 
                            costs.
Sec. 418. Review of air carrier flight delays, cancellations, and 
                            associated causes.
Sec. 419. European Union rules for passenger rights.
Sec. 420. Establishment of advisory committee for aviation consumer 
                            protection.
Sec. 421. Denied boarding compensation.
Sec. 422. Compensation for delayed baggage.
Sec. 423. Schedule reduction.
Sec. 424. Expansion of DOT airline consumer complaint investigations.
Sec. 425. Prohibitions against voice communications using mobile 
                            communications devices on scheduled 
                            flights.
Sec. 426. Antitrust exemptions.
Sec. 427. Musical instruments.
          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. Determination of fair market value of residential properties.
Sec. 506. Soundproofing of residences.
Sec. 507. CLEEN research, development, and implementation partnership.
Sec. 508. Prohibition on operating certain aircraft weighing 75,000 
                            pounds or less not complying with stage 3 
                            noise levels.
Sec. 509. Environmental mitigation pilot program.
Sec. 510. Aircraft departure queue management pilot program.
Sec. 511. High performance and sustainable air traffic control 
                            facilities.
Sec. 512. Regulatory responsibility for aircraft engine noise and 
                            emissions standards.
Sec. 513. Cabin air quality technology.
Sec. 514. Sense of Congress.
Sec. 515. Airport noise compatibility planning study, Port Authority of 
                            New York and New Jersey.
Sec. 516. GAO study on compliance with FAA record of decision.
Sec. 517. Westchester County Airport, New York.
Sec. 518. Aviation noise complaints.
                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. Merit system principles and prohibited personnel practices.
Sec. 603. Applicability of back pay requirements.
Sec. 604. FAA technical training and staffing.
Sec. 605. Designee program.
Sec. 606. Staffing model for aviation safety inspectors.
Sec. 607. Safety critical staffing.
Sec. 608. FAA air traffic controller staffing.
Sec. 609. Assessment of training programs for air traffic controllers.
Sec. 610. Collegiate training initiative study.
Sec. 611. FAA Task Force on Air Traffic Control Facility Conditions.
                     TITLE VII--AVIATION INSURANCE

Sec. 701. General authority.
Sec. 702. Extension of authority to limit third party liability of air 
                            carriers arising out of acts of terrorism.
Sec. 703. Clarification of reinsurance authority.
Sec. 704. Use of independent claims adjusters.
Sec. 705. Extension of program authority.
                       TITLE VIII--MISCELLANEOUS

Sec. 801. Air carrier citizenship.
Sec. 802. Disclosure of data to Federal agencies in interest of 
                            national security.
Sec. 803. FAA access to criminal history records and database systems.
Sec. 804. Clarification of air carrier fee disputes.
Sec. 805. Study on national plan of integrated airport systems.
Sec. 806. Express carrier employee protection.
Sec. 807. Consolidation and realignment of FAA facilities.
Sec. 808. Accidental death and dismemberment insurance for National 
                            Transportation Safety Board employees.
Sec. 809. GAO study on cooperation of airline industry in international 
                            child abduction cases.
Sec. 810. Lost Nation Airport, Ohio.
Sec. 811. Pollock Municipal Airport, Louisiana.
Sec. 812. Human intervention and motivation study program.
Sec. 813. Washington, DC, Air Defense Identification Zone.
Sec. 814. Merrill Field Airport, Anchorage, Alaska.
Sec. 815. 1940 Air Terminal Museum at William P. Hobby Airport, 
                            Houston, Texas.
Sec. 816. Duty periods and flight time limitations applicable to flight 
                            crewmembers.
Sec. 817. Pilot program for redevelopment of airport properties.
Sec. 818. Helicopter operations over Long Island and Staten Island, New 
                            York.
Sec. 819. Cabin temperature and humidity 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. FAA radar signal locations.
Sec. 825. Wind turbine lighting.
Sec. 826. Prohibition on use of certain funds.
Sec. 827. Limiting access to flight decks of all-cargo aircraft.
Sec. 828. Whistleblowers at FAA.
Sec. 829. College Point Marine Transfer Station, New York.
Sec. 830. Pilot training and certification.
Sec. 831. St. George, Utah.
Sec. 832. Replacement of terminal radar approach control at Palm Beach 
                            International Airport.
Sec. 833. Santa Monica Airport, California.
          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.
            TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING

Sec. 1001. Short title.
Sec. 1002. Extension and modification of taxes funding airport and 
                            airway trust fund.

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

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 3. EFFECTIVE DATE.

    Except as otherwise expressly provided, this Act and the amendments 
made by this Act shall apply only to fiscal years beginning after 
September 30, 2008.

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY 
              PLANNING AND PROGRAMS.

    (a) Authorization.--Section 48103 is amended--
            (1) by striking ``September 30, 2003'' and inserting 
        ``September 30, 2008''; and
            (2) by striking paragraphs (1) through (6) and inserting 
        the following:
            ``(1) $4,000,000,000 for fiscal year 2010;
            ``(2) $4,100,000,000 for fiscal year 2011; and
            ``(3) $4,200,000,000 for fiscal year 2012.''.
    (b) Allocations of Funds.--Section 48103 is amended--
            (1) by striking ``The total amounts'' and inserting ``(a) 
        Availability of Amounts.--The total amounts''; and
            (2) by adding at the end the following:
    ``(b) Airport Cooperative Research Program.--Of the amounts made 
available under subsection (a), $15,000,000 for each of fiscal years 
2010 through 2012 may be used for carrying out the Airport Cooperative 
Research Program.
    ``(c) Airports Technology Research.--Of the amounts made available 
under subsection (a), $19,348,000 for each of fiscal years 2010 through 
2012 may be used for carrying out airports technology research.''.
    (c) Obligational Authority.--Section 47104(c) is amended by 
striking ``September 30, 2009'' and inserting ``September 30, 2012''.
    (d) Rescission of Unobligated Balances.--Of the amounts authorized 
under sections 48103 and 48112 of title 49, United States Code, for 
fiscal year 2009, $305,500,000 are hereby rescinded. Of the unobligated 
balances from funds available under such sections for fiscal years 
prior to fiscal year 2009, $102,000,000 are hereby rescinded.

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    (a) Authorization of Appropriations.--Section 48101(a) is amended 
by striking paragraphs (1) through (5) and inserting the following:
            ``(1) $3,259,000,000 for fiscal year 2010.
            ``(2) $3,353,000,000 for fiscal year 2011.
            ``(3) $3,506,000,000 for fiscal year 2012.''.
    (b) Use of Funds.--Section 48101 is amended by striking subsections 
(c) through (i) and inserting the following:
    ``(c) Wake Vortex Mitigation.--Of amounts appropriated under 
subsection (a), such sums as may be necessary for each of fiscal years 
2010 through 2012 may be used for the development and analysis of wake 
vortex mitigation, including advisory systems.
    ``(d) Weather Hazards.--
            ``(1) In general.--Of amounts appropriated under subsection 
        (a), such sums as may be necessary for each of fiscal years 
        2010 through 2012 may be used for the development of in-flight 
        and ground-based weather threat mitigation systems, including 
        ground de-icing and anti-icing systems and other systems for 
        predicting, detecting, and mitigating the effects of certain 
        weather conditions on both airframes and engines.
            ``(2) Specific hazards.--Weather conditions referred to in 
        paragraph (1) include--
                    ``(A) ground-based icing threats such as ice 
                pellets and freezing drizzle;
                    ``(B) oceanic weather, including convective 
                weather, and other hazards associated with oceanic 
                operations (where commercial traffic is high and only 
                rudimentary satellite sensing is available) to reduce 
                the hazards presented to commercial aviation, including 
                convective weather ice crystal ingestion threats; and
                    ``(C) en route turbulence prediction.
    ``(e) Safety Management Systems.--Of amounts appropriated under 
subsection (a) and section 106(k)(1), such sums as may be necessary for 
each of fiscal years 2010 through 2012 may be used to advance the 
development and implementation of safety management systems.
    ``(f) Runway Incursion Reduction Programs.--Of amounts appropriated 
under subsection (a), $12,000,000 for fiscal year 2010, $12,000,000 for 
fiscal year 2011, and $12,000,000 for fiscal year 2012 may be used for 
the development and implementation of runway incursion reduction 
programs.
    ``(g) Runway Status Lights.--Of amounts appropriated under 
subsection (a), $125,000,000 for fiscal year 2010, $100,000,000 for 
2011, and $50,000,000 for fiscal year 2012 may be used for the 
acquisition and installation of runway status lights.
    ``(h) NextGen Systems Development Programs.--Of amounts 
appropriated under subsection (a), $102,900,000 for fiscal year 2010, 
$104,000,000 for fiscal year 2011, and $105,300,000 for fiscal year 
2012 may be used for systems development activities associated with 
NextGen.
    ``(i) NextGen Demonstration Programs.--Of amounts appropriated 
under subsection (a), $30,000,000 for fiscal year 2010, $30,000,000 for 
fiscal year 2011, and $30,000,000 for fiscal year 2012 may be used for 
demonstration activities associated with NextGen.
    ``(j) Center for Advanced Aviation System Development.--Of amounts 
appropriated under subsection (a), $79,000,000 for fiscal year 2010, 
$79,000,000 for fiscal year 2011, and $80,800,000 for fiscal year 2012 
may be used for the Center for Advanced Aviation System Development.
    ``(k) Additional Programs.--Of amounts appropriated under 
subsection (a), $22,500,000 for fiscal year 2010, $22,500,000 for 
fiscal year 2011, and $22,500,000 for fiscal year 2012 may be used 
for--
            ``(1) system capacity, planning, and improvement;
            ``(2) operations concept validation;
            ``(3) NAS weather requirements; and
            ``(4) Airspace Management Lab.''.

SEC. 103. FAA OPERATIONS.

    (a) In General.--Section 106(k)(1) is amended by striking 
subparagraphs (A) through (E) and inserting the following:
                    ``(A) $9,531,272,000 for fiscal year 2010;
                    ``(B) $9,936,259,000 for fiscal year 2011; and
                    ``(C) $10,350,155,000 for fiscal year 2012.''.
    (b) Authorized Expenditures.--Section 106(k)(2) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) Such sums as may be necessary for fiscal 
                years 2010 through 2012 to support development and 
                maintenance of helicopter approach procedures, 
                including certification and recertification of 
                instrument flight rule, global positioning system, and 
                point-in-space approaches to heliports necessary to 
                support all weather, emergency services.'';
            (2) by striking subparagraphs (B), (C), and (D);
            (3) by redesignating subparagraphs (E), (F), and (G) as 
        subparagraphs (B), (C), and (D), respectively; and
            (4) in subparagraphs (B), (C), and (D) (as so redesignated) 
        by striking ``2004 through 2007'' and inserting ``2010 through 
        2012''.
    (c) Airline Data and Analysis.--There is authorized to be 
appropriated to the Secretary of Transportation out of the Airport and 
Airway Trust Fund established by section 9502 of the Internal Revenue 
Code of 1986 (26 U.S.C. 9502) to fund airline data collection and 
analysis by the Bureau of Transportation Statistics in the Research and 
Innovative Technology Administration of the Department of 
Transportation $6,000,000 for each of fiscal years 2010, 2011, and 
2012.

SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT.

    Section 48102(a) is amended--
            (1) in paragraph (11)--
                    (A) in subparagraph (K) by inserting ``and'' at the 
                end; and
                    (B) in subparagraph (L) by striking ``and'' at the 
                end;
            (2) in paragraph (12)(L) by striking ``and'' at the end; 
        and
            (3) by striking paragraph (13) and inserting the following:
            ``(13) for fiscal year 2010, $214,587,000, including--
                    ``(A) $8,546,000 for fire research and safety;
                    ``(B) $4,075,000 for propulsion and fuel systems;
                    ``(C) $2,965,000 for advanced materials and 
                structural safety;
                    ``(D) $4,921,000 for atmospheric hazards and 
                digital system safety;
                    ``(E) $14,688,000 for aging aircraft;
                    ``(F) $2,153,000 for aircraft catastrophic failure 
                prevention research;
                    ``(G) $11,000,000 for flightdeck maintenance, 
                system integration, and human factors;
                    ``(H) $12,589,000 for aviation safety risk 
                analysis;
                    ``(I) $15,471,000 for air traffic control, 
                technical operations, and human factors;
                    ``(J) $8,699,000 for aeromedical research;
                    ``(K) $23,286,000 for weather program;
                    ``(L) $6,236,000 for unmanned aircraft systems 
                research;
                    ``(M) $18,100,000 for the Next Generation Air 
                Transportation System Joint Planning and Development 
                Office;
                    ``(N) $10,412,000 for wake turbulence;
                    ``(O) $10,400,000 for NextGen--Air ground 
                integration;
                    ``(P) $8,000,000 for NextGen--Self separation;
                    ``(Q) $7,567,000 for NextGen--Weather technology in 
                the cockpit;
                    ``(R) $20,278,000 for environment and energy;
                    ``(S) $19,700,000 for NextGen--Environmental 
                research--Aircraft technologies, fuels, and metrics;
                    ``(T) $1,827,000 for system planning and resource 
                management; and
                    ``(U) $3,674,000 for the William J. Hughes 
                Technical Center Laboratory Facility;
            ``(14) for fiscal year 2011, $225,993,000, including--
                    ``(A) $8,815,000 for fire research and safety;
                    ``(B) $4,150,000 for propulsion and fuel systems;
                    ``(C) $2,975,000 for advanced materials and 
                structural safety;
                    ``(D) $4,949,000 for atmospheric hazards and 
                digital system safety;
                    ``(E) $14,903,000 for aging aircraft;
                    ``(F) $2,181,000 for aircraft catastrophic failure 
                prevention research;
                    ``(G) $12,000,000 for flightdeck maintenance, 
                system integration, and human factors;
                    ``(H) $12,497,000 for aviation safety risk 
                analysis;
                    ``(I) $15,715,000 for air traffic control, 
                technical operations, and human factors;
                    ``(J) $8,976,000 for aeromedical research;
                    ``(K) $23,638,000 for weather program;
                    ``(L) $6,295,000 for unmanned aircraft systems 
                research;
                    ``(M) $18,100,000 for the Next Generation Air 
                Transportation System Joint Planning and Development 
                Office;
                    ``(N) $10,471,000 for wake turbulence;
                    ``(O) $10,600,000 for NextGen--Air ground 
                integration;
                    ``(P) $8,300,000 for NextGen--Self separation;
                    ``(Q) $8,345,000 for NextGen--Weather technology in 
                the cockpit;
                    ``(R) $27,075,000 for environment and energy;
                    ``(S) $20,368,000 for NextGen--Environmental 
                research--Aircraft technologies, fuels, and metrics;
                    ``(T) $1,836,000 for system planning and resource 
                management; and
                    ``(U) $3,804,000 for the William J. Hughes 
                Technical Center Laboratory Facility; and
            ``(15) for fiscal year 2012, $244,860,000, including--
                    ``(A) $8,957,000 for fire research and safety;
                    ``(B) $4,201,000 for propulsion and fuel systems;
                    ``(C) $2,986,000 for advanced materials and 
                structural safety;
                    ``(D) $4,979,000 for atmospheric hazards and 
                digital system safety;
                    ``(E) $15,013,000 for aging aircraft;
                    ``(F) $2,192,000 for aircraft catastrophic failure 
                prevention research;
                    ``(G) $12,000,000 for flightdeck maintenance, 
                system integration, and human factors;
                    ``(H) $12,401,000 for aviation safety risk 
                analysis;
                    ``(I) $16,000,000 for air traffic control, 
                technical operations, and human factors;
                    ``(J) $9,267,000 for aeromedical research;
                    ``(K) $23,800,000 for weather program;
                    ``(L) $6,400,000 for unmanned aircraft systems 
                research;
                    ``(M) $18,100,000 for the Next Generation Air 
                Transportation System Joint Planning and Development 
                Office;
                    ``(N) $10,471,000 for wake turbulence;
                    ``(O) $10,800,000 for NextGen--Air ground 
                integration;
                    ``(P) $8,500,000 for NextGen--Self separation;
                    ``(Q) $8,569,000 for NextGen--Weather technology in 
                the cockpit;
                    ``(R) $44,409,000 for environment and energy;
                    ``(S) $20,034,000 for NextGen--Environmental 
                research--Aircraft technologies, fuels, and metrics;
                    ``(T) $1,840,000 for system planning and resource 
                management; and
                    ``(U) $3,941,000 for the William J. Hughes 
                Technical Center Laboratory Facility.''.

SEC. 105. FUNDING FOR AVIATION PROGRAMS.

    (a) Airport and Airway Trust Fund Guarantee.--Section 
48114(a)(1)(A) is amended to read as follows:
                    ``(A) In general.--The total budget resources made 
                available from the Airport and Airway Trust Fund each 
                fiscal year through fiscal year 2012 pursuant to 
                sections 48101, 48102, 48103, and 106(k) shall--
                            ``(i) in fiscal year 2010, be equal to 90 
                        percent of the estimated level of receipts plus 
                        interest credited to the Airport and Airway 
                        Trust Fund for that fiscal year; and
                            ``(ii) in each of fiscal years 2011 and 
                        2012, be equal to the sum of--
                                    ``(I) 90 percent of the estimated 
                                level of receipts plus interest 
                                credited to the Airport and Airway 
                                Trust Fund for that fiscal year; and
                                    ``(II) the actual level of receipts 
                                plus interest credited to the Airport 
                                and Airway Trust Fund for the second 
                                preceding fiscal year minus the total 
                                amount made available for obligation 
                                from the Airport and Airway Trust Fund 
                                for the second preceding fiscal year.
                Such amounts may be used only for aviation investment 
                programs listed in subsection (b).''.
    (b) Additional Authorizations of Appropriations From the General 
Fund.--Section 48114(a)(2) is amended by striking ``2007'' and 
inserting ``2012''.
    (c) Estimated Level of Receipts Plus Interest Defined.--Section 
48114(b)(2) is amended--
            (1) in the paragraph heading by striking ``Level'' and 
        inserting ``Estimated level''; and
            (2) by striking ``level of receipts plus interest'' and 
        inserting ``estimated level of receipts plus interest''.
    (d) Enforcement of Guarantees.--Section 48114(c)(2) is amended by 
striking ``2007'' and inserting ``2012''.

                 Subtitle B--Passenger Facility Charges

SEC. 111. PFC AUTHORITY.

    (a) PFC Defined.--Section 40117(a)(5) is amended to read as 
follows:
            ``(5) Passenger facility charge.--The term `passenger 
        facility charge' means a charge or fee imposed under this 
        section.''.
    (b) Increase in PFC Maximum Level.--Section 40117(b)(4) is amended 
by striking ``$4.00 or $4.50'' and inserting ``$4.00, $4.50, $5.00, 
$6.00, or $7.00''.
    (c) Pilot Program for PFC at Nonhub Airports.--Section 40117(l) is 
amended--
            (1) by striking paragraph (7); and
            (2) by redesignating paragraph (8) as paragraph (7).
    (d) Correction of References.--
            (1) Section 40117.--Section 40117 is amended--
                    (A) in the section heading by striking ``fees'' and 
                inserting ``charges'';
                    (B) in the heading for subsection (e) by striking 
                ``Fees'' and inserting ``Charges'';
                    (C) in the heading for subsection (l) by striking 
                ``Fee'' and inserting ``Charge'';
                    (D) in the heading for paragraph (5) of subsection 
                (l) by striking ``fee'' and inserting ``charge'';
                    (E) in the heading for subsection (m) by striking 
                ``Fees'' and inserting ``Charges'';
                    (F) in the heading for paragraph (1) of subsection 
                (m) by striking ``fees'' and inserting ``charges'';
                    (G) by striking ``fee'' each place it appears 
                (other than the second sentence of subsection (g)(4)) 
                and inserting ``charge''; and
                    (H) by striking ``fees'' each place it appears and 
                inserting ``charges''.
            (2) Other references.--Subtitle VII is amended by striking 
        ``fee'' and inserting ``charge'' each place it appears in each 
        of the following sections:
                    (A) Section 47106(f)(1).
                    (B) Section 47110(e)(5).
                    (C) Section 47114(f).
                    (D) Section 47134(g)(1).
                    (E) Section 47139(b).
                    (F) Section 47524(e).
                    (G) Section 47526(2).

SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE.

    (a) In General.--Section 40117(a)(3) is amended by adding at the 
end the following:
                    ``(H) A project to construct secure bicycle storage 
                facilities that are to be used by passengers at the 
                airport and that are in compliance with applicable 
                security standards.''.
    (b) Report to Congress.--Not later than one year after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall submit to Congress a report on the progress being 
made by airports to install bicycle parking for airport customers and 
airport employees.

SEC. 113. AWARD OF ARCHITECTURAL AND ENGINEERING CONTRACTS FOR AIRSIDE 
              PROJECTS.

    (a) In General.--Section 40117(d) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) in the case of an application to finance a project to 
        meet the airside needs of the airport, the application includes 
        written assurances, satisfactory to the Secretary, that each 
        contract and subcontract for program management, construction 
        management, planning studies, feasibility studies, 
        architectural services, preliminary engineering, design, 
        engineering, surveying, mapping, and related services will be 
        awarded in the same way that a contract for architectural and 
        engineering services is negotiated under chapter 11 of title 40 
        or an equivalent qualifications-based requirement prescribed 
        for or by the eligible agency.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to an application submitted to the Secretary of Transportation by 
an eligible agency under section 40117 of title 49, United States Code, 
after the date of enactment of this Act.

SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT PROGRAM.

    Section 40117 is amended by adding at the end the following:
    ``(n) Pilot Program for PFC Eligibility for Intermodal Ground 
Access Projects.--
            ``(1) PFC eligibility.--Subject to the requirements of this 
        subsection, the Secretary shall establish a pilot program under 
        which the Secretary may authorize, at no more than 5 airports, 
        a passenger facility charge imposed under subsection (b)(1) or 
        (b)(4) to be used to finance the eligible cost of an intermodal 
        ground access project.
            ``(2) Intermodal ground access project defined.--In this 
        section, the term `intermodal ground access project' means a 
        project for constructing a local facility owned or operated by 
        an eligible agency that is directly and substantially related 
        to the movement of passengers or property traveling in air 
        transportation.
            ``(3) Eligible costs.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the eligible cost of an intermodal ground access 
                project shall be the total cost of the project 
                multiplied by the ratio that--
                            ``(i) the number of individuals projected 
                        to use the project to gain access to or depart 
                        from the airport; bears to
                            ``(ii) the total number of the individuals 
                        projected to use the facility.
                    ``(B) Determinations regarding projected project 
                use.--
                            ``(i) In general.--Except as provided by 
                        clause (ii), the Secretary shall determine the 
                        projected use of a project for purposes of 
                        subparagraph (A) at the time the project is 
                        approved under this subsection.
                            ``(ii) Public transportation projects.--In 
                        the case of a project approved under this 
                        section to be financed in part using funds 
                        administered by the Federal Transit 
                        Administration, the Secretary shall use the 
                        travel forecasting model for the project at the 
                        time such project is approved by the Federal 
                        Transit Administration to enter preliminary 
                        engineering to determine the projected use of 
                        the project for purposes of subparagraph 
                        (A).''.

SEC. 115. PARTICIPATION OF DISADVANTAGED BUSINESS ENTERPRISES IN 
              CONTRACTS, SUBCONTRACTS, AND BUSINESS OPPORTUNITIES 
              FUNDED USING PASSENGER FACILITY REVENUES AND IN AIRPORT 
              CONCESSIONS.

    Section 40117 (as amended by this Act) is further amended by adding 
at the end the following:
    ``(o) Participation by Disadvantaged Business Enterprises.--
            ``(1) Applicability of requirements.--Except to the extent 
        otherwise provided by the Secretary, requirements relating to 
        disadvantaged business enterprises, as set forth in parts 23 
        and 26 of title 49, Code of Federal Regulations (or a successor 
        regulation), shall apply to an airport collecting passenger 
        facility revenue.
            ``(2) Regulations.--The Secretary shall issue any 
        regulations necessary to implement this subsection, including--
                    ``(A) goal setting requirements for an eligible 
                agency to ensure that contracts, subcontracts, and 
                business opportunities funded using passenger facility 
                revenues, and airport concessions, are awarded 
                consistent with the levels of participation of 
                disadvantaged business enterprises and airport 
                concessions disadvantaged business enterprises that 
                would be expected in the absence of discrimination;
                    ``(B) provision for an assurance that requires that 
                an eligible agency will not discriminate on the basis 
                of race, color, national origin, or sex in the award 
                and performance of any contract funded using passenger 
                facility revenues; and
                    ``(C) a requirement that an eligible agency will 
                take all necessary and reasonable steps to ensure 
                nondiscrimination in the award and administration of 
                contracts funded using passenger facility revenues.
            ``(3) Effective date.--Paragraph (1) shall take effect on 
        the day following the date on which the Secretary issues final 
        regulations under paragraph (2).
            ``(4) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Airport concessions disadvantaged business 
                enterprise.--The term `airport concessions 
                disadvantaged business enterprise' has the meaning 
                given that term in part 23 of title 49, Code of Federal 
                Regulations (or a successor regulation).
                    ``(B) Disadvantaged business enterprise.--The term 
                `disadvantaged business enterprise' has the meaning 
                given that term in part 26 of title 49, Code of Federal 
                Regulations (or a successor regulation).''.

SEC. 116. IMPACTS ON AIRPORTS OF ACCOMMODATING CONNECTING PASSENGERS.

    (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of Transportation shall initiate a study to 
evaluate--
            (1) the impacts on airports of accommodating connecting 
        passengers; and
            (2) the treatment of airports at which the majority of 
        passengers are connecting passengers under the passenger 
        facility charge program authorized by section 40117 of title 
        49, United States Code.
    (b) Contents of Study.--In conducting the study, the Secretary 
shall review, at a minimum, the following:
            (1) the differences in facility needs, and the costs for 
        constructing, maintaining, and operating those facilities, for 
        airports at which the majority of passengers are connecting 
        passengers as compared to airports at which the majority of 
        passengers are originating and destination passengers;
            (2) whether the costs to an airport of accommodating 
        additional connecting passengers differs from the cost of 
        accommodating additional originating and destination 
        passengers;
            (3) for each airport charging a passenger facility charge, 
        the percentage of passenger facility charge revenue 
        attributable to connecting passengers and the percentage of 
        such revenue attributable to originating and destination 
        passengers;
            (4) the potential effects on airport revenues of requiring 
        airports to charge different levels of passenger facility 
        charges on connecting passengers and originating and 
        destination passengers; and
            (5) the added costs to air carriers of collecting passenger 
        facility charges under a system in which different levels of 
        passenger facility charges are imposed on connecting passengers 
        and originating and destination passengers.
    (c) Report to Congress.--
            (1) In general.--Not later than one year after the date of 
        initiation of the study, the Secretary shall submit to Congress 
        a report on the results of the study.
            (2) Contents.--The report shall include--
                    (A) the findings of the Secretary on each of the 
                subjects listed in subsection (b); and
                    (B) recommendations, if any, of the Secretary based 
                on the results of the study for any changes to the 
                passenger facility charge program, including 
                recommendations as to whether different levels of 
                passenger facility charges should be imposed on 
                connecting passengers and originating and destination 
                passengers.

                   Subtitle C--Fees for FAA Services

SEC. 121. UPDATE ON OVERFLIGHTS.

    (a) Establishment and Adjustment of Fees.--Section 45301(b) is 
amended to read as follows:
    ``(b) Establishment and Adjustment of Fees.--
            ``(1) In general.--In establishing and adjusting fees under 
        subsection (a), the Administrator shall ensure that the fees 
        are reasonably related to the Administration's costs, as 
        determined by the Administrator, of providing the services 
        rendered. Services for which costs may be recovered include the 
        costs of air traffic control, navigation, weather services, 
        training, and emergency services which are available to 
        facilitate safe transportation over the United States and the 
        costs of other services provided by the Administrator, or by 
        programs financed by the Administrator, to flights that neither 
        take off nor land in the United States. The determination of 
        such costs by the Administrator, and the allocation of such 
        costs by the Administrator to services provided, are not 
        subject to judicial review.
            ``(2) Adjustment of fees.--The Administrator shall adjust 
        the overflight fees established by subsection (a)(1) by 
        expedited rulemaking and begin collections under the adjusted 
        fees by May 1, 2010. In developing the adjusted overflight 
        fees, the Administrator may seek and consider the 
        recommendations offered by an aviation rulemaking committee for 
        overflight fees that are provided to the Administrator by 
        September 1, 2009, and are intended to ensure that overflight 
        fees are reasonably related to the Administrator's costs of 
        providing air traffic control and related services to 
        overflights.
            ``(3) Aircraft altitude.--Nothing in this section shall 
        require the Administrator to take into account aircraft 
        altitude in establishing any fee for aircraft operations in en 
        route or oceanic airspace.
            ``(4) Costs defined.--In this subsection, the term `costs' 
        includes those costs associated with the operation, 
        maintenance, leasing costs, and overhead expenses of the 
        services provided and the facilities and equipment used in such 
        services, including the projected costs for the period during 
        which the services will be provided.
            ``(5) Publication; comment.--The Administrator shall 
        publish in the Federal Register any fee schedule under this 
        section, including any adjusted overflight fee schedule, and 
        the associated collection process as an interim final rule, 
        pursuant to which public comment will be sought and a final 
        rule issued.''.
    (b) Adjustments.--Section 45301 is amended by adding at the end the 
following:
    ``(e) Adjustments.--In addition to adjustments under subsection 
(b), the Administrator may periodically adjust the fees established 
under this section.''.

SEC. 122. REGISTRATION FEES.

    (a) In General.--Chapter 453 is amended by adding at the end the 
following:
``Sec. 45305. Registration, certification, and related fees
    ``(a) General Authority and Fees.--Subject to subsection (b), the 
Administrator of the Federal Aviation Administration shall establish 
the following fees for services and activities of the Administration:
            ``(1) $130 for registering an aircraft.
            ``(2) $45 for replacing an aircraft registration.
            ``(3) $130 for issuing an original dealer's aircraft 
        certificate.
            ``(4) $105 for issuing an aircraft certificate (other than 
        an original dealer's aircraft certificate).
            ``(5) $80 for issuing a special registration number.
            ``(6) $50 for issuing a renewal of a special registration 
        number.
            ``(7) $130 for recording a security interest in an aircraft 
        or aircraft part.
            ``(8) $50 for issuing an airman certificate.
            ``(9) $25 for issuing a replacement airman certificate.
            ``(10) $42 for issuing an airman medical certificate.
            ``(11) $100 for providing a legal opinion pertaining to 
        aircraft registration or recordation.
    ``(b) Limitation on Collection.--No fee may be collected under this 
section unless the expenditure of the fee to pay the costs of 
activities and services for which the fee is imposed is provided for in 
advance in an appropriations Act.
    ``(c) Fees Credited as Offsetting Collections.--
            ``(1) In general.--Notwithstanding section 3302 of title 
        31, any fee authorized to be collected under this section 
        shall--
                    ``(A) be credited as offsetting collections to the 
                account that finances the activities and services for 
                which the fee is imposed;
                    ``(B) be available for expenditure only to pay the 
                costs of activities and services for which the fee is 
                imposed; and
                    ``(C) remain available until expended.
            ``(2) Continuing appropriations.--The Administrator may 
        continue to assess, collect, and spend fees established under 
        this section during any period in which the funding for the 
        Federal Aviation Administration is provided under an Act 
        providing continuing appropriations in lieu of the 
        Administration's regular appropriations.
            ``(3) Adjustments.--The Administrator shall periodically 
        adjust the fees established by subsection (a) when cost data 
        from the cost accounting system developed pursuant to section 
        45303(e) reveal that the cost of providing the service is 
        higher or lower than the cost data that were used to establish 
        the fee then in effect.''.
    (b) Clerical Amendment.--The analysis for chapter 453 is amended by 
adding at the end the following:

``45305. Registration, certification, and related fees.''.
    (c) Fees Involving Aircraft Not Providing Air Transportation.--
Section 45302(e) is amended--
            (1) by striking ``A fee'' and inserting the following:
            ``(1) In general.--A fee''; and
            (2) by adding at the end the following:
            ``(2) Effect of imposition of other fees.--A fee may not be 
        imposed for a service or activity under this section during any 
        period in which a fee for the same service or activity is 
        imposed under section 45305.''.

                     Subtitle D--AIP Modifications

SEC. 131. AMENDMENTS TO AIP DEFINITIONS.

    (a) Airport Development.--Section 47102(3) is amended--
            (1) in subparagraph (B)(iv) by striking ``20'' and 
        inserting ``9''; and
            (2) by adding at the end the following:
                    ``(M) construction of mobile refueler parking 
                within a fuel farm at a nonprimary airport meeting the 
                requirements of section 112.8 of title 40, Code of 
                Federal Regulations.
                    ``(N) terminal development under section 47119(a).
                    ``(O) acquiring and installing facilities and 
                equipment to provide air conditioning, heating, or 
                electric power from terminal-based, non-exclusive use 
                facilities to aircraft parked at a public use airport 
                for the purpose of reducing energy use or harmful 
                emissions as compared to the provision of such air 
                conditioning, heating, or electric power from aircraft-
                based systems.''.
    (b) Airport Planning.--Section 47102(5) is amended by inserting 
before the period at the end the following: ``, developing an 
environmental management system''.
    (c) General Aviation Airport.--Section 47102 is amended--
            (1) by redesignating paragraphs (23) through (25) as 
        paragraphs (25) through (27), respectively;
            (2) by redesignating paragraphs (8) through (22) as 
        paragraphs (9) through (23), respectively; and
            (3) by inserting after paragraph (7) the following:
            ``(8) `general aviation airport' means a public airport 
        that is located in a State and that, as determined by the 
        Secretary--
                    ``(A) does not have scheduled service; or
                    ``(B) has scheduled service with less that 2,500 
                passenger boardings each year.''.
    (d) Revenue Producing Aeronautical Support Facilities.--Section 
47102 is amended by inserting after paragraph (23) (as redesignated by 
subsection (c)(2) of this section) the following:
            ``(24) `revenue producing aeronautical support facilities' 
        means fuel farms, hangar buildings, self-service credit card 
        aeronautical fueling systems, airplane wash racks, major 
        rehabilitation of a hangar owned by a sponsor, or other 
        aeronautical support facilities that the Secretary determines 
        will increase the revenue producing ability of the airport.''.
    (e) Terminal Development.--Section 47102 is further amended by 
adding at the end the following:
            ``(28) `terminal development' means--
                    ``(A) development of--
                            ``(i) an airport passenger terminal 
                        building, including terminal gates;
                            ``(ii) access roads servicing exclusively 
                        airport traffic that leads directly to or from 
                        an airport passenger terminal building; and
                            ``(iii) walkways that lead directly to or 
                        from an airport passenger terminal building; 
                        and
                    ``(B) the cost of a vehicle described in section 
                47119(a)(1)(B).''.

SEC. 132. SOLID WASTE RECYCLING PLANS.

    (a) Airport Planning.--Section 47102(5) (as amended by section 
131(b) of this Act) is amended by inserting before the period at the 
end the following: ``, and planning to minimize the generation of, and 
to recycle, airport solid waste in a manner that is consistent with 
applicable State and local recycling laws''.
    (b) Master Plan.--Section 47106(a) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) in any case in which the project is for an airport 
        that has an airport master plan, the master plan addresses the 
        feasibility of solid waste recycling at the airport and 
        minimizing the generation of solid waste at the airport.''.

SEC. 133. AMENDMENTS TO GRANT ASSURANCES.

    (a) General Written Assurances.--Section 47107(a)(16)(D)(ii) is 
amended by inserting before the semicolon at the end the following: ``, 
except in the case of a relocation or replacement of an existing 
airport facility that meets the conditions of section 47110(d)''.
    (b) Written Assurances on Acquiring Land.--
            (1) Use of proceeds.--Section 47107(c)(2)(A)(iii) is 
        amended by striking ``paid to the Secretary'' and all that 
        follows before the semicolon and inserting ``reinvested in 
        another project at the airport or transferred to another 
        airport as the Secretary prescribes under paragraph (4)''.
            (2) Eligible projects.--Section 47107(c) is amended by 
        adding at the end the following:
            ``(4) Priorities for reinvestment.--In approving the 
        reinvestment or transfer of proceeds under subsection 
        (c)(2)(A)(iii), the Secretary shall give preference, in 
        descending order, to the following actions:
                    ``(A) Reinvestment in an approved noise 
                compatibility project.
                    ``(B) Reinvestment in an approved project that is 
                eligible for funding under section 47117(e).
                    ``(C) Reinvestment in an approved airport 
                development project that is eligible for funding under 
                section 47114, 47115, or 47117.
                    ``(D) Transfer to a sponsor of another public 
                airport to be reinvested in an approved noise 
                compatibility project at such airport.
                    ``(E) Payment to the Secretary for deposit in the 
                Airport and Airway Trust Fund.''.
    (c) Clerical Amendment.--Section 47107(c)(2)(B)(iii) is amended by 
striking ``the Fund'' and inserting ``the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue Code of 1986 (26 
U.S.C. 9502)''.

SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS.

    Section 47109 is amended--
            (1) in subsection (a) by striking ``provided in subsection 
        (b) or subsection (c) of this section'' and inserting 
        ``otherwise specifically provided in this section''; and
            (2) by adding at the end the following:
    ``(e) Special Rule for Transition From Small Hub to Medium Hub 
Status.--If the status of a small hub airport changes to a medium hub 
airport, the Government's share of allowable project costs for the 
airport may not exceed 90 percent for the first 2 fiscal years 
following such change in hub status.
    ``(f) Special Rule for Economically Depressed Communities.--The 
Government's share of allowable project costs shall be 95 percent for a 
project at an airport that--
            ``(1) is receiving subsidized air service under subchapter 
        II of chapter 417; and
            ``(2) is located in an area that meets one or more of the 
        criteria established in section 301(a) of the Public Works and 
        Economic Development Act of 1965 (42 U.S.C. 3161(a)), as 
        determined by the Secretary of Commerce.''.

SEC. 135. AMENDMENTS TO ALLOWABLE COSTS.

    (a) Allowable Project Costs.--Section 47110(b)(2)(D) is amended to 
read as follows:
            ``(D) if the cost is for airport development and is 
        incurred before execution of the grant agreement, but in the 
        same fiscal year as execution of the grant agreement, and if--
                    ``(i) the cost was incurred before execution of the 
                grant agreement due to the short construction season in 
                the vicinity of the airport;
                    ``(ii) the cost is in accordance with an airport 
                layout plan approved by the Secretary and with all 
                statutory and administrative requirements that would 
                have been applicable to the project if the project had 
                been carried out after execution of the grant 
                agreement;
                    ``(iii) the sponsor notifies the Secretary before 
                authorizing work to commence on the project; and
                    ``(iv) the sponsor's decision to proceed with the 
                project in advance of execution of the grant agreement 
                does not affect the priority assigned to the project by 
                the Secretary for the allocation of discretionary 
                funds;''.
    (b) Relocation of Airport-Owned Facilities.--Section 47110(d) is 
amended to read as follows:
    ``(d) Relocation of Airport-Owned Facilities.--The Secretary may 
determine that the costs of relocating or replacing an airport-owned 
facility are allowable for an airport development project at an airport 
only if--
            ``(1) the Government's share of such costs will be paid 
        with funds apportioned to the airport sponsor under section 
        47114(c)(1) or 47114(d);
            ``(2) the Secretary determines that the relocation or 
        replacement is required due to a change in the Secretary's 
        design standards; and
            ``(3) the Secretary determines that the change is beyond 
        the control of the airport sponsor.''.
    (c) Nonprimary Airports.--Section 47110(h) is amended--
            (1) by inserting ``construction of'' before ``revenue 
        producing''; and
            (2) by striking ``, including fuel farms and hangars,''.

SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED 
              BY DISABLED VETERANS.

    Section 47112(c) is amended by adding at the end the following:
    ``(3) A contract involving labor for carrying out an airport 
development project under a grant agreement under this subchapter must 
require that a preference be given to the use of small business 
concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 
632)) owned and controlled by disabled veterans.''.

SEC. 137. AIRPORT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.

    (a) Purpose.--It is the purpose of the airport disadvantaged 
business program to ensure that minority- and women-owned businesses 
have a full and fair opportunity to compete in federally assisted 
airport contracts and concessions and to ensure that the Federal 
Government does not subsidize discrimination in private or locally 
funded airport-related industries.
    (b) Findings.--Congress finds the following:
            (1) While significant progress has occurred due to the 
        enactment of the airport disadvantaged business enterprise 
        program (49 U.S.C. 47107(e) and 47113), discrimination 
        continues to be a significant barrier for minority- and women-
        owned businesses seeking to do business in airport-related 
        markets. This continuing discrimination merits the continuation 
        of the airport disadvantaged business enterprise program.
            (2) Discrimination poses serious barriers to the full 
        participation in airport-related businesses of women business 
        owners and minority business owners, including African 
        Americans, Hispanic Americans, Asian Americans, and Native 
        Americans.
            (3) Discrimination impacts minority and women business 
        owners in every geographic region of the United States and in 
        every airport-related industry.
            (4) Discrimination has impacted many aspects of airport-
        related business, including--
                    (A) the availability of venture capital and credit;
                    (B) the availability of bonding and insurance;
                    (C) the ability to obtain licensing and 
                certification;
                    (D) public and private bidding and quoting 
                procedures;
                    (E) the pricing of supplies and services;
                    (F) business training, education, and 
                apprenticeship programs; and
                    (G) professional support organizations and informal 
                networks through which business opportunities are often 
                established.
            (5) Congress has received voluminous evidence of 
        discrimination against minority and women business owners in 
        airport-related industries, including--
                    (A) statistical analyses demonstrating significant 
                disparities in the utilization of minority- and women-
                owned businesses in federally and locally funded 
                airport related contracting;
                    (B) statistical analyses of private sector 
                disparities in business success by minority- and women-
                owned businesses in airport related industries;
                    (C) research compiling anecdotal reports of 
                discrimination by individual minority and women 
                business owners;
                    (D) individual reports of discrimination by 
                minority and women business owners and the 
                organizations and individuals who represent minority 
                and women business owners;
                    (E) analyses demonstrating significant reductions 
                in the participation of minority and women businesses 
                in jurisdictions that have reduced or eliminated their 
                minority- and women-owned business programs;
                    (F) statistical analyses showing significant 
                disparities in the credit available to minority- and 
                women-owned businesses;
                    (G) research and statistical analyses demonstrating 
                how discrimination negatively impacts firm formation, 
                growth, and success;
                    (H) experience of airports and other localities 
                demonstrating that race- and gender-neutral efforts 
                alone are insufficient to remedy discrimination; and
                    (I) other qualitative and quantitative evidence of 
                discrimination against minority- and women-owned 
                businesses in airport-related industries.
            (6) All of this evidence provides a strong basis for the 
        continuation of the airport disadvantaged business enterprise 
        program and the airport concessions disadvantaged business 
        enterprise program.
            (7) Congress has received and reviewed recent comprehensive 
        and compelling evidence of discrimination from many different 
        sources, including congressional hearings and roundtables, 
        scientific reports, reports issued by public and private 
        agencies, news stories, reports of discrimination by 
        organizations and individuals, and discrimination lawsuits.
    (c) Disadvantaged Business Enterprise Personal Net Worth Cap; 
Bonding Requirements.--Section 47113 is amended by adding at the end 
the following:
    ``(e) Personal Net Worth Cap.--
            ``(1) Regulations.--Not later than 180 days after the date 
        of enactment of this subsection, the Secretary shall issue 
        final regulations to adjust the personal net worth cap used in 
        determining whether an individual is economically disadvantaged 
        for purposes of qualifying under the definition contained in 
        subsection (a)(2) and under section 47107(e). The regulations 
        shall correct for the impact of inflation since the Small 
        Business Administration established the personal net worth cap 
        at $750,000 in 1989.
            ``(2) Annual adjustment.--Following the initial adjustment 
        under paragraph (1), the Secretary shall adjust, on June 30 of 
        each year thereafter, the personal net worth cap to account for 
        changes, occurring in the preceding 12-month period, in the 
        Consumer Price Index of All Urban Consumers (United States city 
        average, all items) published by the Secretary of Labor.
    ``(f) Exclusion of Retirement Benefits.--
            ``(1) In general.--In calculating a business owner's 
        personal net worth, any funds held in a qualified retirement 
        account owned by the business owner shall be excluded, subject 
        to regulations to be issued by the Secretary.
            ``(2) Regulations.--Not later than one year after the date 
        of enactment of this subsection, the Secretary shall issue 
        final regulations to implement paragraph (1), including 
        consideration of appropriate safeguards, such as a limit on the 
        amount of such accounts, to prevent circumvention of personal 
        net worth requirements.
    ``(g) Prohibition on Excessive or Discriminatory Bonding 
Requirements.--
            ``(1) In general.--The Secretary shall establish a program 
        to eliminate barriers to small business participation in 
        airport-related contracts and concessions by prohibiting 
        excessive, unreasonable, or discriminatory bonding requirements 
        for any project funded under this chapter or using passenger 
        facility revenues under section 40117.
            ``(2) Regulations.--Not later than one year after the date 
        of enactment of this subsection, the Secretary shall issue a 
        final rule to establish the program under paragraph (1).''.

SEC. 138. TRAINING PROGRAM FOR CERTIFICATION OF DISADVANTAGED BUSINESS 
              ENTERPRISES.

    (a) Mandatory Training Program.--Section 47113 (as amended by this 
Act) is further amended--
            (1) in subsection (b) by striking ``Secretary'' and 
        inserting ``Secretary of Transportation''; and
            (2) by adding at the end the following:
    ``(h) Mandatory Training Program.--
            ``(1) In general.--Not later than one year after the date 
        of enactment of this subsection, the Secretary shall establish 
        a mandatory training program for persons described in paragraph 
        (3) on certifying whether a small business concern qualifies as 
        a small business concern owned and controlled by socially and 
        economically disadvantaged individuals under this section and 
        section 47107(e).
            ``(2) Implementation.--The training program may be 
        implemented by one or more private entities approved by the 
        Secretary.
            ``(3) Participants.--A person referred to in paragraph (1) 
        is an official or agent of an airport sponsor--
                    ``(A) who is required to provide a written 
                assurance under this section or section 47107(e) that 
                the airport owner or operator will meet the percentage 
                goal of subsection (b) or section 47107(e)(1); or
                    ``(B) who is responsible for determining whether or 
                not a small business concern qualifies as a small 
                business concern owned and controlled by socially and 
                economically disadvantaged individuals under this 
                section or section 47107(e).
            ``(4) Authorization of appropriations.--Out of amounts 
        appropriated under section 106(k), not less than $2,000,000 for 
        each of fiscal years 2010, 2011, and 2012 shall be used to 
        carry out this subsection and to support other programs and 
        activities of the Secretary related to the participation of 
        small business concerns owned and controlled by socially and 
        economically disadvantaged individuals in airport related 
        contracts or concessions.''.
    (b) Report.--Not later than 24 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of the Senate, and 
other appropriate committees of Congress a report on the results of the 
training program conducted under the amendment made by subsection (b).

SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND.

    Section 47114(d) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``Except as provided in paragraph 
                (3), the Secretary'' and inserting ``The Secretary''; 
                and
                    (B) by striking ``18.5 percent'' and inserting ``10 
                percent''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Additional amount.--
                    ``(A) In general.--In addition to amounts 
                apportioned under paragraph (2), and subject to 
                subparagraph (B), the Secretary shall apportion to each 
                airport, excluding primary airports but including 
                reliever and nonprimary commercial service airports, in 
                States the lesser of--
                            ``(i) $150,000; or
                            ``(ii) \1/5\ of the most recently published 
                        estimate of the 5-year costs for airport 
                        improvement for the airport, as listed in the 
                        national plan of integrated airport systems 
                        developed by the Federal Aviation 
                        Administration under section 47103.
                    ``(B) Reduction.--In any fiscal year in which the 
                total amount made available for apportionment under 
                paragraph (2) is less than $300,000,000, the Secretary 
                shall reduce, on a prorated basis, the amount to be 
                apportioned under subparagraph (A) and make such 
                reduction available to be apportioned under paragraph 
                (2), so as to apportion under paragraph (2) a minimum 
                of $300,000,000.''.

SEC. 140. REDUCING APPORTIONMENTS.

    Section 47114(f)(1) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) in subparagraph (B)--
                    (A) by inserting ``except as provided by 
                subparagraph (C),'' before ``in the case''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (3) by adding at the end the following:
                    ``(C) in the case of a charge of more than $4.50 
                imposed by the sponsor of an airport enplaning at least 
                one percent of the total number of boardings each year 
                in the United States, 100 percent of the projected 
                revenues from the charge in the fiscal year but not 
                more than 100 percent of the amount that otherwise 
                would be apportioned under this section.''.

SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND.

    Section 47115(g)(1) is amended by striking ``sum of--'' and all 
that follows through the period at the end of subparagraph (B) and 
inserting ``sum of $520,000,000.''.

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

    Section 47115(j) is amended by striking ``fiscal years 2004 through 
2009,'' and inserting ``fiscal years 2010 through 2012,''.

SEC. 143. USE OF APPORTIONED AMOUNTS.

    Section 47117(e)(1)(A) is amended--
            (1) in the first sentence--
                    (A) by striking ``35 percent'' and inserting 
                ``$300,000,000'';
                    (B) by striking ``and'' after ``47141,''; and
                    (C) by inserting before the period at the end the 
                following: ``, and for water quality mitigation 
                projects to comply with the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.) as approved in an 
                environmental record of decision for an airport 
                development project under this title''; and
            (2) in the second sentence by striking ``such 35 percent 
        requirement is'' and inserting ``the requirements of the 
        preceding sentence are''.

SEC. 144. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.

    (a) In General.--Section 47133(b) is amended--
            (1) by striking ``Subsection (a) shall not apply if'' and 
        inserting the following:
            ``(1) Prior laws and agreements.--Subsection (a) shall not 
        apply if''; and
            (2) by adding at the end the following:
            ``(2) Sale of private airport to public sponsor.--In the 
        case of a privately owned airport, subsection (a) shall not 
        apply to the proceeds from the sale of the airport to a public 
        sponsor if--
                    ``(A) the sale is approved by the Secretary;
                    ``(B) funding is provided under this subtitle for 
                any portion of the public sponsor's acquisition of 
                airport land; and
                    ``(C) an amount equal to the remaining unamortized 
                portion of any airport improvement grant made to that 
                airport for purposes other than land acquisition, 
                amortized over a 20-year period, plus an amount equal 
                to the Federal share of the current fair market value 
                of any land acquired with an airport improvement grant 
                made to that airport on or after October 1, 1996, is 
                repaid to the Secretary by the private owner.
            ``(3) Treatment of repayments.--Repayments referred to in 
        paragraph (2)(C) shall be treated as a recovery of prior year 
        obligations.''.
    (b) Applicability to Grants.--The amendments made by subsection (a) 
shall apply to grants issued on or after October 1, 1996.

SEC. 145. AIRPORT PRIVATIZATION PILOT PROGRAM.

    (a) Approval Requirements.--Section 47134 is amended in subsections 
(b)(1)(A)(i), (b)(1)(A)(ii), (c)(4)(A), and (c)(4)(B) by striking ``65 
percent'' each place it appears and inserting ``75 percent''.
    (b) Prohibition on Receipt of Funds.--
            (1) Section 47134.--Section 47134 is amended by adding at 
        the end the following:
    ``(n) Prohibition on Receipt of Certain Funds.--An airport 
receiving an exemption under subsection (b) shall be prohibited from 
receiving apportionments under section 47114 or discretionary funds 
under section 47115.''.
            (2) Conforming amendments.--Section 47134(g) is amended--
                    (A) in the subsection heading by striking 
                ``Apportionments;'';
                    (B) in paragraph (1) by striking the semicolon at 
                the end and inserting ``; or'';
                    (C) by striking paragraph (2); and
                    (D) by redesignating paragraph (3) as paragraph 
                (2).
    (c) Federal Share of Project Costs.--Section 47109(a) is amended--
            (1) by striking the semicolon at the end of paragraph (3) 
        and inserting ``; and'';
            (2) by striking paragraph (4); and
            (3) by redesignating paragraph (5) as paragraph (4).

SEC. 146. AIRPORT SECURITY PROGRAM.

    (a) General Authority.--Section 47137(a) is amended by inserting 
``, in consultation with the Secretary of Homeland Security,'' after 
``Transportation''.
    (b) Implementation.--Section 47137(b) is amended to read as 
follows:
    ``(b) Implementation.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Transportation shall provide funding through a 
        grant, contract, or another agreement described in section 
        106(l)(6) to a nonprofit consortium that--
                    ``(A) is composed of public and private persons, 
                including an airport sponsor; and
                    ``(B) has at least 10 years of demonstrated 
                experience in testing and evaluating anti-terrorist 
                technologies at airports.
            ``(2) Project selection.--The Secretary shall select 
        projects under this subsection that--
                    ``(A) evaluate and test the benefits of innovative 
                aviation security systems or related technology, 
                including explosives detection systems, for the purpose 
                of improving aviation and aircraft physical security, 
                access control, and passenger and baggage screening; 
                and
                    ``(B) provide testing and evaluation of airport 
                security systems and technology in an operational, 
                testbed environment.''.
    (c) Matching Share.--Section 47137(c) is amended by inserting after 
``section 47109'' the following: ``or any other provision of law''.
    (d) Administration.--Section 47137(e) is amended by adding at the 
end the following: ``The Secretary may enter into an agreement in 
accordance with section 106(m) to provide for the administration of any 
project under the program.''.
    (e) Eligible Sponsor.--Section 47137 is amended by striking 
subsection (f) and redesignating subsection (g) as subsection (f).
    (f) Authorization of Appropriations.--Section 47137(f) (as so 
redesignated) is amended by striking ``$5,000,000'' and inserting 
``$8,500,000''.

SEC. 147. SUNSET OF PILOT PROGRAM FOR PURCHASE OF AIRPORT DEVELOPMENT 
              RIGHTS.

    Section 47138 is amended by adding at the end the following:
    ``(f) Sunset.--This section shall not be in effect after September 
30, 2008.''.

SEC. 148. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING 
              AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.

    Section 47141(f) is amended by striking ``September 30, 2009'' and 
inserting ``September 30, 2012''.

SEC. 149. REPEAL OF LIMITATIONS ON METROPOLITAN WASHINGTON AIRPORTS 
              AUTHORITY.

    Section 49108, and the item relating to such section in the 
analysis for chapter 491, are repealed.

SEC. 150. MIDWAY ISLAND AIRPORT.

    Section 186(d) of the Vision 100--Century of Aviation 
Reauthorization Act (117 Stat. 2518) is amended by striking ``October 
1, 2009,'' and inserting ``October 1, 2012,''.

SEC. 151. PUERTO RICO MINIMUM GUARANTEE.

    Section 47114(e) is amended--
            (1) in the subsection heading by inserting ``and Puerto 
        Rico'' after ``Alaska''; and
            (2) by adding at the end the following:
            ``(5) Puerto rico minimum guarantee.--In any fiscal year in 
        which the total amount apportioned to airports in Puerto Rico 
        under subsections (c) and (d) is less than 1.5 percent of the 
        total amount apportioned to all airports under subsections (c) 
        and (d), the Secretary shall apportion to the Puerto Rico Ports 
        Authority for airport development projects in such fiscal year 
        an amount equal to the difference between 1.5 percent of the 
        total amounts apportioned under subsections (c) and (d) in such 
        fiscal year and the amount otherwise apportioned under 
        subsections (c) and (d) to airports in Puerto Rico in such 
        fiscal year.''.

SEC. 152. MISCELLANEOUS AMENDMENTS.

    (a) Technical Changes to National Plan of Integrated Airport 
Systems.--Section 47103 is amended--
            (1) in subsection (a)--
                    (A) by striking ``each airport to--'' and inserting 
                ``the airport system to--'';
                    (B) in paragraph (1) by striking ``system in the 
                particular area;'' and inserting ``system, including 
                connection to the surface transportation network; 
                and'';
                    (C) in paragraph (2) by striking ``; and'' and 
                inserting a period; and
                    (D) by striking paragraph (3);
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking the semicolon and 
                inserting ``; and'';
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2); and
                    (C) in paragraph (2) (as so redesignated) by 
                striking ``, Short Takeoff and Landing/Very Short 
                Takeoff and Landing aircraft operations,''; and
            (3) in subsection (d) by striking ``status of the''.
    (b) Update Veterans Preference Definition.--Section 47112(c) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B) by striking ``separated 
                from'' and inserting ``discharged or released from 
                active duty in''; and
                    (B) by adding at the end the following:
            ``(C) `Afghanistan-Iraq war veteran' means an individual 
        who served on active duty (as defined by section 101 of title 
        38) in the Armed Forces for a period of more than 180 
        consecutive days, any part of which occurred during the period 
        beginning on September 11, 2001, and ending on the date 
        prescribed by presidential proclamation or by law as the last 
        date of Operation Iraqi Freedom, and who was separated from the 
        Armed Forces under honorable conditions.''; and
            (2) in paragraph (2) by striking ``veterans and'' and 
        inserting ``veterans, Afghanistan-Iraq war veterans, and''.
    (c) Consolidation of Terminal Development Provisions.--Section 
47119 is amended--
            (1) by redesignating subsections (a), (b), (c), and (d) as 
        subsections (b), (c), (d), and (e), respectively; and
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Terminal Development Projects.--
            ``(1) In general.--The Secretary may approve a project for 
        terminal development (including multimodal terminal 
        development) in a nonrevenue-producing public-use area of a 
        commercial service airport--
                    ``(A) if the sponsor certifies that the airport, on 
                the date the grant application is submitted to the 
                Secretary, has--
                            ``(i) all the safety equipment required for 
                        certification of the airport under section 
                        44706;
                            ``(ii) all the security equipment required 
                        by regulation; and
                            ``(iii) provided for access by passengers 
                        to the area of the airport for boarding or 
                        exiting aircraft that are not air carrier 
                        aircraft;
                    ``(B) if the cost is directly related to moving 
                passengers and baggage in air commerce within the 
                airport, including vehicles for moving passengers 
                between terminal facilities and between terminal 
                facilities and aircraft; and
                    ``(C) under terms necessary to protect the 
                interests of the Government.
            ``(2) Project in revenue-producing areas and nonrevenue-
        producing parking lots.--In making a decision under paragraph 
        (1), the Secretary may approve as allowable costs the expenses 
        of terminal development in a revenue-producing area and 
        construction, reconstruction, repair, and improvement in a 
        nonrevenue-producing parking lot if--
                    ``(A) except as provided in section 47108(e)(3), 
                the airport does not have more than .05 percent of the 
                total annual passenger boardings in the United States; 
                and
                    ``(B) the sponsor certifies that any needed airport 
                development project affecting safety, security, or 
                capacity will not be deferred because of the 
                Secretary's approval.'';
            (3) in paragraphs (3) and (4)(A) of subsection (b) (as 
        redesignated by paragraph (1) of this subsection) by striking 
        ``section 47110(d)'' and inserting ``subsection (a)'';
            (4) in paragraph (5) of subsection (b) (as redesignated by 
        paragraph (1) of this subsection) by striking ``subsection 
        (b)(1) and (2)'' and inserting ``subsections (c)(1) and 
        (c)(2)'';
            (5) in paragraphs (2)(A), (3), and (4) of subsection (c) 
        (as redesignated by paragraph (1) of this subsection) by 
        striking ``section 47110(d) of this title'' and inserting 
        ``subsection (a)'';
            (6) in paragraph (2)(B) of subsection (c) (as redesignated 
        by paragraph (1) of this subsection) by striking ``section 
        47110(d)'' and inserting ``subsection (a)'';
            (7) in subsection (c)(5) (as redesignated by paragraph (1) 
        of this subsection) by striking ``section 47110(d)'' and 
        inserting ``subsection (a)''; and
            (8) by adding at the end the following:
    ``(f) Limitation on Discretionary Funds.--The Secretary may 
distribute not more than $20,000,000 from the discretionary fund 
established under section 47115 for terminal development projects at a 
nonhub airport or a small hub airport that is eligible to receive 
discretionary funds under section 47108(e)(3).''.
    (d) Annual Report.--Section 47131(a) is amended--
            (1) by striking ``April 1'' and inserting ``June 1''; and
            (2) by striking paragraphs (1), (2), (3), and (4) and 
        inserting the following:
            ``(1) a summary of airport development and planning 
        completed;
            ``(2) a summary of individual grants issued;
            ``(3) an accounting of discretionary and apportioned funds 
        allocated;
            ``(4) the allocation of appropriations; and''.
    (e) Correction to Emission Credits Provision.--Section 47139 is 
amended--
            (1) in subsection (a) by striking ``47102(3)(F),''; and
            (2) in subsection (b)--
                    (A) by striking ``47102(3)(F),''; and
                    (B) by striking ``47103(3)(F),''.
    (f) Conforming Amendment to Civil Penalty Assessment Authority.--
Section 46301(d)(2) is amended by inserting ``46319,'' after 
``46318,''.
    (g) Other Conforming Amendments.--
            (1) Sections 40117(a)(3)(B) is amended by striking 
        ``section 47110(d)'' and inserting ``section 47119(a)''.
            (2) Section 47108(e)(3) is amended--
                    (A) by striking ``section 47110(d)(2)'' and 
                inserting ``section 47119(a)''; and
                    (B) by striking ``section 47110(d)'' and inserting 
                ``section 47119(a)''.
    (h) Correction to Surplus Property Authority.--Section 47151(e) is 
amended by striking ``(other than real property'' and all that follows 
through ``(10 U.S.C. 2687 note))''.
    (i) Airport Capacity Benchmark Reports.--Section 47175(2) is 
amended by striking ``Airport Capacity Benchmark Report 2001'' and 
inserting ``2001 and 2004 Airport Capacity Benchmark Reports or table 1 
of the Federal Aviation Administration's most recent airport capacity 
benchmark report''.

SEC. 153. AIRPORT MASTER PLANS.

    Section 47101 is amended by adding at the end the following:
    ``(i) Additional Goals for Airport Master Plans.--In addition to 
the goals set forth in subsection (g)(2), the Secretary shall encourage 
airport sponsors and State and local officials, through Federal 
Aviation Administration advisory circulars, to consider customer 
convenience, airport ground access, and access to airport facilities in 
airport master plans.''.

  TITLE II--NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC 
                         CONTROL MODERNIZATION

SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The United States faces a great national challenge as 
        the Nation's aviation infrastructure is at a crossroads.
            (2) The demand for aviation services, a critical element of 
        the United States economy, vital in supporting the quality of 
        life of the people of the United States, and critical in 
        support of the Nation's defense and national security, is 
        growing at an ever increasing rate. At the same time, the 
        ability of the United States air transportation system to 
        expand and change to meet this increasing demand is limited.
            (3) The aviation industry accounts for more than 11,000,000 
        jobs in the United States and contributes approximately 
        $741,000,000,000 annually to the United States gross domestic 
        product.
            (4) The United States air transportation system continues 
        to drive economic growth in the United States and will continue 
        to be a major economic driver as air traffic triples over the 
        next 20 years.
            (5) The Next Generation Air Transportation System (in this 
        section referred to as the ``NextGen System'') is the system 
        for achieving long-term transformation of the United States air 
        transportation system that focuses on developing and 
        implementing new technologies and that will set the stage for 
        the long-term development of a scalable and more flexible air 
        transportation system without compromising the unprecedented 
        safety record of United States aviation.
            (6) The benefits of the NextGen System, in terms of 
        promoting economic growth and development, are enormous.
            (7) The NextGen System will guide the path of the United 
        States air transportation system in the challenging years 
        ahead.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) modernizing the air transportation system is a national 
        priority and the United States must make a commitment to 
        revitalizing this essential component of the Nation's 
        transportation infrastructure;
            (2) one fundamental requirement for the success of the 
        NextGen System is strong leadership and sufficient resources;
            (3) the Joint Planning and Development Office of the 
        Federal Aviation Administration and the Next Generation Air 
        Transportation System Senior Policy Committee, each established 
        by Congress in 2003, will lead and facilitate this important 
        national mission to ensure that the programs and capabilities 
        of the NextGen System are carefully integrated and aligned;
            (4) Government agencies and industry must work together, 
        carefully integrating and aligning their work to meet the needs 
        of the NextGen System in the development of budgets, programs, 
        planning, and research;
            (5) the Department of Transportation, the Federal Aviation 
        Administration, the Department of Defense, the Department of 
        Homeland Security, the Department of Commerce, and the National 
        Aeronautics and Space Administration must work in cooperation 
        and make transformational improvements to the United States air 
        transportation infrastructure a priority; and
            (6) due to the critical importance of the NextGen System to 
        the economic and national security of the United States, 
        partner departments and agencies must be provided with the 
        resources required to complete the implementation of the 
        NextGen System.

SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING AND 
              DEVELOPMENT OFFICE.

    (a) Establishment.--
            (1) Associate administrator for the next generation air 
        transportation system.--Section 709(a) of Vision 100--Century 
        of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 
        Stat. 2582) is amended--
                    (A) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (4), and (5), respectively; and
                    (B) by inserting after paragraph (1) the following:
    ``(2) The director of the Office shall be the Associate 
Administrator for the Next Generation Air Transportation System, who 
shall be appointed by the Administrator of the Federal Aviation 
Administration. The Associate Administrator shall report to the 
Administrator.''.
            (2) Responsibilities.--Section 709(a)(3) of such Act (as 
        redesignated by paragraph (1) of this subsection) is amended--
                    (A) in subparagraph (G) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (H) by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(I) establishing specific quantitative goals for 
                the safety, capacity, efficiency, performance, and 
                environmental impacts of each phase of Next Generation 
                Air Transportation System implementation activities and 
                measuring actual operational experience against those 
                goals, taking into account noise pollution reduction 
                concerns of affected communities to the greatest extent 
                practicable in establishing the environmental goals;
                    ``(J) working to ensure global interoperability of 
                the Next Generation Air Transportation System;
                    ``(K) working to ensure the use of weather 
                information and space weather information in the Next 
                Generation Air Transportation System as soon as 
                possible;
                    ``(L) overseeing, with the Administrator of the 
                Federal Aviation Administration, the selection of 
                products or outcomes of research and development 
                activities that would be moved to the next stage of a 
                demonstration project; and
                    ``(M) maintaining a baseline modeling and 
                simulation environment for testing and evaluating 
                alternative concepts to satisfy Next Generation Air 
                Transportation enterprise architecture requirements.''.
            (3) Cooperation with other federal agencies.--Section 
        709(a)(4) of such Act (as redesignated by paragraph (1) of this 
        subsection) is amended--
                    (A) by striking ``(4)'' and inserting ``(4)(A)''; 
                and
                    (B) by adding at the end the following:
    ``(B) The Secretary of Defense, the Administrator of the National 
Aeronautics and Space Administration, the Secretary of Commerce, the 
Secretary of Homeland Security, and the head of any other Federal 
agency from which the Secretary of Transportation requests assistance 
under subparagraph (A) shall designate a senior official in the agency 
to be responsible for--
            ``(i) carrying out the activities of the agency relating to 
        the Next Generation Air Transportation System in coordination 
        with the Office, including the execution of all aspects of the 
        work of the agency in developing and implementing the 
        integrated work plan described in subsection (b)(5);
            ``(ii) serving as a liaison for the agency in activities of 
        the agency relating to the Next Generation Air Transportation 
        System and coordinating with other Federal agencies involved in 
        activities relating to the System; and
            ``(iii) ensuring that the agency meets its obligations as 
        set forth in any memorandum of understanding executed by or on 
        behalf of the agency relating to the Next Generation Air 
        Transportation System.
    ``(C) The head of a Federal agency referred to in subparagraph (B) 
shall ensure that--
            ``(i) the responsibilities of the agency relating to the 
        Next Generation Air Transportation System are clearly 
        communicated to the senior official of the agency designated 
        under subparagraph (B); and
            ``(ii) the performance of the senior official in carrying 
        out the responsibilities of the agency relating to the Next 
        Generation Air Transportation System is reflected in the 
        official's annual performance evaluations and compensation.
    ``(D) The head of a Federal agency referred to in subparagraph (B) 
shall--
            ``(i) establish or designate an office within the agency to 
        carry out its responsibilities under the memorandum of 
        understanding under the supervision of the designated official; 
        and
            ``(ii) ensure that the designated official has sufficient 
        budgetary authority and staff resources to carry out the 
        agency's Next Generation Air Transportation System 
        responsibilities as set forth in the integrated plan under 
        subsection (b).
    ``(E) Not later than 6 months after the date of enactment of this 
subparagraph, the head of each Federal agency that has responsibility 
for carrying out any activity under the integrated plan under 
subsection (b) shall execute a memorandum of understanding with the 
Office obligating that agency to carry out the activity.''.
            (4) Coordination with omb.--Section 709(a) of such Act (117 
        Stat. 2582) is further amended by adding at the end the 
        following:
    ``(6)(A) The Office shall work with the Director of the Office of 
Management and Budget to develop a process whereby the Director will 
identify projects related to the Next Generation Air Transportation 
System across the agencies referred to in paragraph (4)(A) and consider 
the Next Generation Air Transportation System as a unified, cross-
agency program.
    ``(B) The Director, to the maximum extent practicable, shall--
            ``(i) ensure that--
                    ``(I) each Federal agency covered by the plan has 
                sufficient funds requested in the President's budget, 
                as submitted under section 1105(a) of title 31, United 
                States Code, for each fiscal year covered by the plan 
                to carry out its responsibilities under the plan; and
                    ``(II) the development and implementation of the 
                Next Generation Air Transportation System remains on 
                schedule;
            ``(ii) include, in the President's budget, a statement of 
        the portion of the estimated budget of each Federal agency 
        covered by the plan that relates to the activities of the 
        agency under the Next Generation Air Transportation System 
        initiative; and
            ``(iii) identify and justify as part of the President's 
        budget submission any inconsistencies between the plan and 
        amounts requested in the budget.
    ``(7) The Associate Administrator of the Next Generation Air 
Transportation System shall be a voting member of the Joint Resources 
Council of the Federal Aviation Administration.''.
    (b) Integrated Plan.--Section 709(b) of such Act (117 Stat. 2583) 
is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``meets air'' and inserting ``meets 
                anticipated future air''; and
                    (B) by striking ``beyond those currently included 
                in the Federal Aviation Administration's operational 
                evolution plan'';
            (2) by striking ``and'' at the end of paragraph (3);
            (3) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(5) a multiagency integrated work plan for the Next 
        Generation Air Transportation System that includes--
                    ``(A) an outline of the activities required to 
                achieve the end-state architecture, as expressed in the 
                concept of operations and enterprise architecture 
                documents, that identifies each Federal agency or other 
                entity responsible for each activity in the outline;
                    ``(B) details on a year-by-year basis of specific 
                accomplishments, activities, research requirements, 
                rulemakings, policy decisions, and other milestones of 
                progress for each Federal agency or entity conducting 
                activities relating to the Next Generation Air 
                Transportation System;
                    ``(C) for each element of the Next Generation Air 
                Transportation System, an outline, on a year-by-year 
                basis, of what is to be accomplished in that year 
                toward meeting the Next Generation Air Transportation 
                System's end-state architecture, as expressed in the 
                concept of operations and enterprise architecture 
                documents, as well as identifying each Federal agency 
                or other entity that will be responsible for each 
                component of any research, development, or 
                implementation program;
                    ``(D) an estimate of all necessary expenditures on 
                a year-by-year basis, including a statement of each 
                Federal agency or entity's responsibility for costs and 
                available resources, for each stage of development from 
                the basic research stage through the demonstration and 
                implementation phase;
                    ``(E) a clear explanation of how each step in the 
                development of the Next Generation Air Transportation 
                System will lead to the following step and of the 
                implications of not successfully completing a step in 
                the time period described in the integrated work plan;
                    ``(F) a transition plan for the implementation of 
                the Next Generation Air Transportation System that 
                includes date-specific milestones for the 
                implementation of new capabilities into the national 
                airspace system;
                    ``(G) date-specific timetables for meeting the 
                environmental goals identified in subsection (a)(3)(I); 
                and
                    ``(H) a description of potentially significant 
                operational or workforce changes resulting from 
                deployment of the Next Generation Air Transportation 
                System.''.
    (c) NextGen Implementation Plan.--Section 709(d) of such Act (117 
Stat. 2584) is amended to read as follows:
    ``(d) NextGen Implementation Plan.--The Administrator of the 
Federal Aviation Administration shall develop and publish annually the 
document known as the `NextGen Implementation Plan', or any successor 
document, that provides a detailed description of how the agency is 
implementing the Next Generation Air Transportation System.''.
    (d) Authorization of Appropriations.--Section 709(e) of such Act 
(117 Stat. 2584) is amended by striking ``2010'' and inserting 
``2012''.
    (e) Contingency Planning.--The Associate Administrator for the Next 
Generation Air Transportation System shall, as part of the design of 
the System, develop contingency plans for dealing with the degradation 
of the System in the event of a natural disaster, major equipment 
failure, or act of terrorism.

SEC. 203. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.

    (a) Meetings.--Section 710(a) of Vision 100--Century of Aviation 
Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2584) is amended 
by inserting before the period at the end the following ``and shall 
meet at least twice each year''.
    (b) Annual Report.--Section 710 of such Act (117 Stat. 2584) is 
amended by adding at the end the following:
    ``(e) Annual Report.--
            ``(1) Submission to congress.--Not later than one year 
        after the date of enactment of this subsection, and annually 
        thereafter on the date of submission of the President's budget 
        request to Congress under section 1105(a) of title 31, United 
        States Code, the Secretary shall submit to the Committee on 
        Transportation and Infrastructure and the Committee on Science 
        and Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report summarizing the progress made in carrying out 
        the integrated work plan required by section 709(b)(5) and any 
        changes in that plan.
            ``(2) Contents.--The report shall include--
                    ``(A) a copy of the updated integrated work plan;
                    ``(B) a description of the progress made in 
                carrying out the integrated work plan and any changes 
                in that plan, including any changes based on funding 
                shortfalls and limitations set by the Office of 
                Management and Budget;
                    ``(C) a detailed description of--
                            ``(i) the success or failure of each item 
                        of the integrated work plan for the previous 
                        year and relevant information as to why any 
                        milestone was not met; and
                            ``(ii) the impact of not meeting the 
                        milestone and what actions will be taken in the 
                        future to account for the failure to complete 
                        the milestone;
                    ``(D) an explanation of any change to future years 
                in the integrated work plan and the reasons for such 
                change; and
                    ``(E) an identification of the levels of funding 
                for each agency participating in the integrated work 
                plan devoted to programs and activities under the plan 
                for the previous fiscal year and in the President's 
                budget request.''.

SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.

    (a) Report on FAA Program and Schedule.--
            (1) In general.--The Administrator of the Federal Aviation 
        Administration shall prepare a report detailing the program and 
        schedule for integrating automatic dependent surveillance-
        broadcast (in this section referred to as ``ADS-B'') technology 
        into the national airspace system.
            (2) Contents.--The report shall include--
                    (A) a description of segment 1 and segment 2 
                activity to acquire ADS-B services;
                    (B) a description of plans for implementation of 
                advanced operational procedures and ADS-B air-to-air 
                applications;
                    (C) a description of possible options for expanding 
                surveillance coverage beyond the ground stations 
                currently under contract, including enhanced ground 
                signal coverage at airports; and
                    (D) a detailed description of the protections that 
                the Administration will require as part of any contract 
                or program in the event of a contractor's default, 
                bankruptcy, acquisition by another entity, or any other 
                event jeopardizing the uninterrupted provision of ADS-B 
                services.
            (3) Submission to congress.--Not later than 90 days after 
        the date of enactment of this Act, the Administrator shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate the report prepared 
        under paragraph (1).
    (b) Requirements of FAA Contracts for ADS-B Services.--Any contract 
entered into by the Administrator with an entity to acquire ADS-B 
services shall contain terms and conditions that--
            (1) require approval by the Administrator before the 
        contract may be assigned to or assumed by another entity, 
        including any successor entity, subsidiary of the contractor, 
        or other corporate entity;
            (2) provide that the assets, equipment, hardware, and 
        software used in the performance of the contract be designated 
        as critical national infrastructure for national security and 
        related purposes;
            (3) require the contractor to provide continued broadcast 
        services for a reasonable period, as determined by the 
        Administrator, until the provision of such services can be 
        transferred to another vendor or to the Government in the event 
        of a termination of the contract;
            (4) require the contractor to provide continued broadcast 
        services for a reasonable period, as determined by the 
        Administrator, until the provision of such services can be 
        transferred to another vendor or to the Government in the event 
        of material nonperformance, as determined by the Administrator; 
        and
            (5) permit the Government to acquire or utilize for a 
        reasonable period, as determined by the Administrator, the 
        assets, equipment, hardware, and software necessary to ensure 
        the continued and uninterrupted provision of ADS-B services and 
        to have ready access to such assets, equipment, hardware, and 
        software through its own personnel, agents, or others, if the 
        Administrator provides reasonable compensation for such 
        acquisition or utilization.
    (c) Review by DOT Inspector General.--
            (1) In general.--The Inspector General of the Department of 
        Transportation shall conduct a review concerning the Federal 
        Aviation Administration's award and oversight of any contract 
        entered into by the Administration to provide ADS-B services 
        for the national airspace system.
            (2) Contents.--The review shall include, at a minimum--
                    (A) an examination of how program risks are being 
                managed;
                    (B) an assessment of expected benefits attributable 
                to the deployment of ADS-B services, including the 
                implementation of advanced operational procedures and 
                air-to-air applications as well as to the extent to 
                which ground radar will be retained;
                    (C) a determination of whether the Administration 
                has established sufficient mechanisms to ensure that 
                all design, acquisition, operation, and maintenance 
                requirements have been met by the contractor;
                    (D) an assessment of whether the Administration and 
                any contractors are meeting cost, schedule, and 
                performance milestones, as measured against the 
                original baseline of the Administration's program for 
                providing ADS-B services;
                    (E) an assessment of whether security issues are 
                being adequately addressed in the overall design and 
                implementation of the ADS-B system; and
                    (F) any other matters or aspects relating to 
                contract implementation and oversight that the 
                Inspector General determines merit attention.
            (3) Reports to congress.--The Inspector General shall 
        periodically, on at least an annual basis, submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        review conducted under this subsection.

SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL 
              MODERNIZATION PROJECTS.

    (a) In General.--The Administrator of the Federal Aviation 
Administration shall establish a process for including in the planning, 
development, and deployment of air traffic control modernization 
projects (including the Next Generation Air Transportation System) and 
collaborating with qualified employees selected by each exclusive 
collective bargaining representative of employees of the Administration 
who are likely to be impacted by such planning, development, and 
deployment.
    (b) Participation.--
            (1) Bargaining obligations and rights.--Participation in 
        the process described in subsection (a) shall not be construed 
        as a waiver of any bargaining obligations or rights under 
        section 40122(a)(1) or 40122(g)(2)(C) of title 49, United 
        States Code.
            (2) Capacity and compensation.--Exclusive collective 
        bargaining representatives and selected employees participating 
        in the process described in subsection (a) shall--
                    (A) serve in a collaborative and advisory capacity; 
                and
                    (B) receive appropriate travel and per diem 
                expenses in accordance with the travel policies of the 
                Administration in addition to any regular compensation 
                and benefits.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the implementation of this section.

SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH TRANSFORMING TO THE 
              NEXT GENERATION AIR TRANSPORTATION SYSTEM.

    (a) In General.--The Comptroller General shall conduct a review of 
the progress and challenges associated with transforming the Nation's 
air traffic control system into the Next Generation Air Transportation 
System (in this section referred to as the ``NextGen System'').
    (b) Review.--The review shall include the following:
            (1) An evaluation of the continued implementation and 
        institutionalization of the processes that are key to the 
        ability of the Air Traffic Organization to effectively maintain 
        management structures and systems acquisitions procedures 
        utilized under the current air traffic control modernization 
        program as a basis for the NextGen System.
            (2) An assessment of the progress and challenges associated 
        with collaboration and contributions of the partner agencies 
        working with the Joint Planning and Development Office of the 
        Federal Aviation Administration (in this section referred to as 
        the ``JPDO'') in planning and implementing the NextGen System.
            (3) The progress and challenges associated with 
        coordinating government and industry stakeholders in activities 
        relating to the NextGen System, including an assessment of the 
        contributions of the NextGen Institute.
            (4) An assessment of planning and implementation of the 
        NextGen System against established schedules, milestones, and 
        budgets.
            (5) An evaluation of the recently modified organizational 
        structure of the JPDO.
            (6) An examination of transition planning by the Air 
        Traffic Organization and the JPDO.
            (7) Any other matters or aspects of planning and 
        coordination of the NextGen System by the Federal Aviation 
        Administration and the JPDO that the Comptroller General 
        determines appropriate.
    (c) Reports.--
            (1) Report to congress on priorities.--Not later than one 
        year after the date of enactment of this Act, the Comptroller 
        General shall determine the priority of topics to be reviewed 
        under this section and report such priorities to the Committee 
        on Transportation and Infrastructure and the Committee on 
        Science and Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
            (2) Periodic reports to congress on results of the 
        review.--The Comptroller General shall periodically submit to 
        the committees referred to in paragraph (1) a report on the 
        results of the review conducted under this section.

SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANSPORTATION SYSTEM 
              ACQUISITION AND PROCEDURES DEVELOPMENT.

    (a) Study.--The Comptroller General shall conduct a review of the 
progress made and challenges related to the acquisition of designated 
technologies and the development of procedures for the Next Generation 
Air Transportation System (in this section referred to as the ``NextGen 
System'').
    (b) Specific Systems Review.--The review shall include, at a 
minimum, an examination of the acquisition costs, schedule, and other 
relevant considerations for the following systems:
            (1) En Route Automation Modernization (ERAM).
            (2) Standard Terminal Automation Replacement System/Common 
        Automated Radar Terminal System (STARS/CARTS).
            (3) Automatic Dependent Surveillance-Broadcast (ADS-B).
            (4) System Wide Information Management (SWIM).
            (5) Traffic Flow Management Modernization (TFM-M).
    (c) Review.--The review shall include, at a minimum, an assessment 
of the progress and challenges related to the development of standards, 
regulations, and procedures that will be necessary to implement the 
NextGen System, including required navigation performance, area 
navigation, the airspace management program, and other programs and 
procedures that the Comptroller General identifies as relevant to the 
transformation of the air traffic system.
    (d) Periodic Reports to Congress on Results of the Review.--The 
Comptroller General shall periodically submit to the Committee on 
Transportation and Infrastructure and the Committee on Science and 
Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the review conducted under this section.

SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPERATIONAL AND APPROACH 
              PROCEDURES BY A THIRD PARTY.

    (a) Review.--The Inspector General of the Department of 
Transportation shall conduct a review regarding the effectiveness of 
the oversight activities conducted by the Federal Aviation 
Administration in connection with any agreement with or delegation of 
authority to a third party for the development of flight procedures, 
including public use procedures, for the national airspace system.
    (b) Assessments.--The Inspector General shall include, at a 
minimum, in the review--
            (1) an assessment of the extent to which the Federal 
        Aviation Administration is relying or intends to rely on a 
        third party for the development of new procedures and a 
        determination of whether the Administration has established 
        sufficient mechanisms and staffing to provide safety oversight 
        functions, which may include quality assurance processes, 
        flight checks, integration of procedures into the National 
        Aviation System, and operational assessments of procedures 
        developed by third parties; and
            (2) an assessment regarding whether the Administration has 
        sufficient existing personnel and technical resources or 
        mechanisms to develop such flight procedures in a safe and 
        efficient manner to meet the demands of the national airspace 
        system without the use of third party resources.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Inspector General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the review conducted under this section, 
including the assessments described in subsection (b).

SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXT GENERATION 
              AIR TRANSPORTATION SYSTEM.

    (a) Review.--The Administrator of the Federal Aviation 
Administration shall enter into an arrangement with the National 
Research Council to review the enterprise architecture for the Next 
Generation Air Transportation System.
    (b) Contents.--At a minimum, the review to be conducted under 
subsection (a) shall--
            (1) highlight the technical activities, including human-
        system design, organizational design, and other safety and 
        human factor aspects of the system, that will be necessary to 
        successfully transition current and planned modernization 
        programs to the future system envisioned by the Joint Planning 
        and Development Office of the Administration;
            (2) assess technical, cost, and schedule risk for the 
        software development that will be necessary to achieve the 
        expected benefits from a highly automated air traffic 
        management system and the implications for ongoing 
        modernization projects; and
            (3) include judgments on how risks with automation efforts 
        for the Next Generation Air Transportation System can be 
        mitigated based on the experiences of other public or private 
        entities in developing complex, software-intensive systems.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit to Congress a report 
containing the results of the review conducted pursuant to subsection 
(a).

SEC. 210. NEXTGEN TECHNOLOGY TESTBED.

    Of amounts appropriated under section 48101(a) of title 49, United 
States Code, the Administrator of the Federal Aviation Administration 
shall use such sums as may be necessary for each of the fiscal years 
2010 through 2012 to contribute to the establishment by a public-
private partnership (including a university component with significant 
aviation expertise in air traffic management, simulation, meteorology, 
and engineering and aviation business) an airport-based testing site 
for existing Next Generation Air Transport System technologies. The 
Administrator shall ensure that next generation air traffic control 
integrated systems developed by private industries are installed at the 
site for demonstration, operational research, and evaluation by the 
Administration. The testing site shall serve a mix of general aviation 
and commercial traffic.

SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE 
              AGREEMENTS.

    Section 106(m) is amended in the last sentence by inserting ``with 
or'' before ``without reimbursement''.

SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY.

    Section 40102(a)(4) is amended--
            (1) by redesignating subparagraph (D) as subparagraph (E);
            (2) by striking subparagraphs (B) and (C) and inserting the 
        following:
                    ``(B) runway lighting and airport surface visual 
                and other navigation aids;
                    ``(C) aeronautical and meteorological information 
                to air traffic control facilities or aircraft;
                    ``(D) communication, navigation, or surveillance 
                equipment for air-to-ground or air-to-air 
                applications;'';
            (3) in subparagraph (E) (as redesignated by paragraph (1) 
        of this section)--
                    (A) by striking ``another structure'' and inserting 
                ``any structure, equipment,''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (4) by adding at the end the following:
                    ``(F) buildings, equipment, and systems dedicated 
                to the national airspace system.''.

SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

    Section 40110(a)(2) is amended by striking ``compensation'' and 
inserting ``compensation, and the amount received shall be credited as 
an offsetting collection to the account from which the amount was 
expended and shall remain available until expended''.

SEC. 214. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

    Section 40110(c) is amended--
            (1) by striking the semicolon at the end of paragraph (3) 
        and inserting ``; and'';
            (2) by striking paragraph (4); and
            (3) by redesignating paragraph (5) as paragraph (4).

SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

    Section 40113(e) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``public and private'' before 
                ``foreign aviation authorities''; and
                    (B) by striking the period at the end of the first 
                sentence and inserting ``or efficiency. The 
                Administrator may participate in, and submit offers in 
                response to, competitions to provide such services and 
                may contract with foreign aviation authorities to 
                provide such services consistent with section 
                106(l)(6). Notwithstanding any other provision of law 
                or policy, the Administrator may accept payments 
                received under this subsection in arrears.''; and
            (2) in paragraph (3) by striking ``credited'' and all that 
        follows through the period at the end and inserting ``credited 
        as an offsetting collection to the account from which the 
        expenses were incurred in providing such services and shall 
        remain available until expended.''.

SEC. 216. FRONT LINE MANAGER STAFFING.

    (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall initiate a study on front line manager staffing requirements in 
air traffic control facilities.
    (b) Considerations.--In conducting the study, the Administrator 
shall take into consideration--
            (1) the number of supervisory positions of operation 
        requiring watch coverage in each air traffic control facility;
            (2) coverage requirements in relation to traffic demand;
            (3) facility type;
            (4) complexity of traffic and managerial responsibilities;
            (5) proficiency and training requirements; and
            (6) such other factors as the Administrator considers 
        appropriate.
    (c) Determinations.--The Administrator shall transmit any 
determinations made as a result of the study to the Chief Operating 
Officer for the air traffic control system.
    (d) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study and a description of any 
determinations submitted to the Chief Operating Officer under 
subsection (c).

SEC. 217. FLIGHT SERVICE STATIONS.

    (a) Establishment of Monitoring System.--Not later than 60 days 
after the date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall develop and implement a 
monitoring system for flight service specialist staffing and training 
under service contracts for flight service stations.
    (b) Components.--At a minimum, the monitoring system shall include 
mechanisms to monitor--
            (1) flight specialist staffing plans for individual 
        facilities;
            (2) actual staffing levels for individual facilities;
            (3) the initial and recurrent certification and training of 
        flight service specialists on the safety, operational, and 
        technological aspects of flight services, including any 
        certification and training necessary to meet user demand; and
            (4) system outages, excessive hold times, dropped calls, 
        poor quality briefings, and any other safety or customer 
        service issues under a contract for flight service station 
        services.
    (c) Report to Congress.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report containing--
            (1) a description of monitoring system;
            (2) if the Administrator determines that contractual 
        changes or corrective actions are required for the 
        Administration to ensure that the vendor under a contract for 
        flight service station services provides safe and high quality 
        service to consumers, a description of the changes or actions 
        required; and
            (3) a description of the contingency plans of the 
        Administrator and the protections that the Administrator will 
        have in place to provide uninterrupted flight service station 
        services in the event of--
                    (A) material non-performance of the contract;
                    (B) a vendor's default, bankruptcy, or acquisition 
                by another entity; or
                    (C) any other event that could jeopardize the 
                uninterrupted provision of flight service station 
                services.

SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.

    (a) Establishment.--Of the amount appropriated under section 
48101(a) of title 49, United States Code, the Administrator of the 
Federal Aviation Administration shall use such sums as may be necessary 
for each of fiscal years 2010 through 2012 to contribute to the 
establishment of a center of excellence for the research and 
development of Next Generation Air Transportation System technologies.
    (b) Functions.--The center established under subsection (a) shall--
            (1) leverage the centers of excellence program of the 
        Federal Aviation Administration, as well as other resources and 
        partnerships, to enhance the development of Next Generation Air 
        Transportation System technologies within academia and 
        industry; and
            (2) provide educational, technical, and analytical 
        assistance to the Federal Aviation Administration and other 
        Federal agencies with responsibilities to research and develop 
        Next Generation Air Transportation System technologies.

SEC. 219. AIRSPACE REDESIGN.

    (a) Findings.--Congress finds the following:
            (1) The airspace redesign efforts of the Federal Aviation 
        Administration will play a critical near-term role in enhancing 
        capacity, reducing delays, transitioning to more flexible 
        routing, and ultimately saving money in fuel costs for airlines 
        and airspace users.
            (2) The critical importance of airspace redesign efforts is 
        underscored by the fact that they are highlighted in strategic 
        plans of the Administration, including Flight Plan 2009-2013 
        and the document known as the ``NextGen Implementation Plan''.
            (3) Funding cuts have led to delays and deferrals of 
        critical capacity enhancing airspace redesign efforts.
            (4) Several new runways planned for the period of fiscal 
        years 2010 to 2012 will not provide estimated capacity benefits 
        without additional funds.
    (b) Authorization of Appropriations.--In addition to amounts 
authorized by section 106(k) of title 49, United States Code, there are 
authorized to be appropriated to the Administrator of the Federal 
Aviation Administration $20,000,000 for each of fiscal years 2010, 
2011, and 2012 to carry out such airspace redesign initiatives as the 
Administrator determines appropriate.
    (c) Additional Amounts.--Of the amounts appropriated under section 
48101(a) of such title, the Administrator may use $5,000,000 for each 
of fiscal years 2010, 2011, and 2012 to carry out such airspace 
redesign initiatives as the Administrator determines appropriate.

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.

    (a) Judicial Review of NTSB Decisions.--Section 44703(d) is amended 
by adding at the end the following:
            ``(3) Judicial review.--A person who is substantially 
        affected by an order of the Board under this subsection, or the 
        Administrator if the Administrator decides that an order of the 
        Board will have a significant adverse impact on carrying out 
        this subtitle, may seek judicial review of the order under 
        section 46110. The Administrator shall be made a party to the 
        judicial review proceedings. The findings of fact of the Board 
        in any such case are conclusive if supported by substantial 
        evidence.''.
    (b) Conforming Amendment.--Section 1153(c) is amended by striking 
``section 44709 or'' and inserting ``section 44703(d), 44709, or''.

SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND 
              SUPPLEMENTAL TYPE CERTIFICATES.

    (a) Release of Data.--Section 44704(a) is amended by adding at the 
end the following:
            ``(5) Release of data.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Administrator may make available 
                upon request to a person seeking to maintain the 
                airworthiness of an aircraft, engine, propeller, or 
                appliance, engineering data in the possession of the 
                Administration relating to a type certificate or a 
                supplemental type certificate for such aircraft, 
                engine, propeller, or appliance, without the consent of 
                the owner of record, if the Administrator determines 
                that--
                            ``(i) the certificate containing the 
                        requested data has been inactive for 3 or more 
                        years;
                            ``(ii) after using due diligence, the 
                        Administrator is unable to find the owner of 
                        record, or the owner of record's heir, of the 
                        type certificate or supplemental certificate; 
                        and
                            ``(iii) making such data available will 
                        enhance aviation safety.
                    ``(B) Engineering data defined.--In this section, 
                the term `engineering data' as used with respect to an 
                aircraft, engine, propeller, or appliance means type 
                design drawing and specifications for the entire 
                aircraft, engine, propeller, or appliance or change to 
                the aircraft, engine, propeller, or appliance, 
                including the original design data, and any associated 
                supplier data for individual parts or components 
                approved as part of the particular certificate for the 
                aircraft engine, propeller, or appliance.''.
    (b) Design Organization Certificates.--Section 44704(e)(1) is 
amended by striking ``Beginning 7 years after the date of enactment of 
this subsection,'' and inserting ``Beginning January 1, 2014,''.

SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS.

    (a) In General.--Chapter 447 is amended by adding at the end the 
following:
``Sec. 44730. Inspection of foreign repair stations
    ``(a) In General.--Not later than one year after the date of 
enactment of this section, and annually thereafter, the Administrator 
of the Federal Aviation Administration shall--
            ``(1) submit to Congress a certification that each foreign 
        repair station that is certified by the Administrator under 
        part 145 of title 14, Code of Federal Regulations, and performs 
        work on air carrier aircraft or components has been inspected 
        by safety inspectors of the Administration not fewer than 2 
        times in the preceding calendar year;
            ``(2) modify the certification requirements under such part 
        to include testing for the use of alcohol or a controlled 
        substance in accordance with section 45102 of any individual 
        performing a safety-sensitive function at a foreign aircraft 
        repair station, including an individual working at a station of 
        a third-party with whom an air carrier contracts to perform 
        work on air carrier aircraft or components; and
            ``(3) continue to hold discussions with countries that have 
        foreign repair stations that perform work on air carrier 
        aircraft and components to ensure harmonization of the safety 
        standards of such countries with those of the United States, 
        including standards governing maintenance requirements, 
        education and licensing of maintenance personnel, training, 
        oversight, and mutual inspection of work sites.
    ``(b) Regulatory Authority With Respect to Certain Foreign Repair 
Stations.--With respect to repair stations that are located in 
countries that are party to the agreement entitled ``Agreement between 
the United States of America and the European Community on Cooperation 
in the Regulation of Civil Aviation Safety'', dated June 30, 2008, the 
requirements of subsection (a) are an exercise of the rights of the 
United States under paragraph A of Article 15 of the Agreement, which 
provides that nothing in the Agreement shall be construed to limit the 
authority of a party to determine through its legislative, regulatory, 
and administrative measures, the level of protection it considers 
appropriate for civil aviation safety.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``44730. Inspection of foreign repair stations.''.

SEC. 304. RUNWAY SAFETY.

    (a) Strategic Runway Safety Plan.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Administrator of the Federal 
        Aviation Administration shall develop and submit to Congress a 
        report containing a strategic runway safety plan.
            (2) Contents of plan.--The strategic runway safety plan--
                    (A) shall include, at a minimum--
                            (i) goals to improve runway safety;
                            (ii) near- and longer-term actions designed 
                        to reduce the severity, number, and rate of 
                        runway incursions;
                            (iii) timeframes and resources needed for 
                        the actions described in clause (ii); and
                            (iv) a continuous evaluative process to 
                        track performance toward the goals referred to 
                        in clause (i); and
                    (B) shall address the increased runway safety risk 
                associated with the expected increased volume of air 
                traffic.
    (b) Plan for Installation and Deployment of Systems To Provide 
Alerts of Potential Runway Incursions.--Not later than December 31, 
2009, the Administrator of the Federal Aviation Administration shall 
submit to Congress a report containing a plan for the installation and 
deployment of systems the Administration is installing to alert 
controllers or flight crews, or both, of potential runway incursions. 
The plan shall be integrated into the annual NextGen Implementation 
Plan document of the Administration or any successor document.

SEC. 305. IMPROVED PILOT LICENSES.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall begin to issue improved pilot licenses consistent 
with the requirements of title 49, United States Code, and title 14, 
Code of Federal Regulations.
    (b) Requirements.--Improved pilots licenses issued under subsection 
(a) shall--
            (1) be resistant to tampering, alteration, and 
        counterfeiting;
            (2) include a photograph of the individual to whom the 
        license is issued; and
            (3) be capable of accommodating a digital photograph, a 
        biometric identifier, or any other unique identifier that the 
        Administrator considers necessary.
    (c) Tampering.--To the extent practical, the Administrator shall 
develop methods to determine or reveal whether any component or 
security feature of a license issued under subsection (a) has been 
tampered, altered, or counterfeited.
    (d) Use of Designees.--The Administrator may use designees to carry 
out subsection (a) to the extent feasible in order to minimize the 
burdens on pilots.
    (e) Report.--Not later than 9 months after the date of enactment of 
this Act and every 6 months thereafter until September 30, 2012, the 
Administrator shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
issuance of improved pilot licenses under this section.

SEC. 306. FLIGHT CREW FATIGUE.

    (a) In General.--Not later than 3 months after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall conclude arrangements with the National Academy of 
Sciences for a study of pilot fatigue.
    (b) Study.--The study shall include consideration of--
            (1) research on pilot fatigue, sleep, and circadian 
        rhythms;
            (2) sleep and rest requirements of pilots recommended by 
        the National Aeronautics and Space Administration and the 
        National Transportation Safety Board; and
            (3) Federal Aviation Administration and international 
        standards regarding flight limitations and rest for pilots.
    (c) Report.--Not later than 18 months after initiating the study, 
the National Academy of Sciences shall submit to the Administrator a 
report containing its findings and recommendations regarding the study 
under subsections (a) and (b), including recommendations with respect 
to Federal Aviation Administration regulations governing flight time 
limitations and rest requirements for pilots.
    (d) Rulemaking.--After the Administrator receives the report of the 
National Academy of Sciences, the Administrator shall consider the 
findings in the report and update as appropriate based on scientific 
data Federal Aviation Administration regulations governing flight time 
limitations and rest requirements for pilots.
    (e) Flight Attendant Fatigue.--
            (1) Study.--The Administrator, acting through the Civil 
        Aerospace Medical Institute, shall conduct a study on the issue 
        of flight attendant fatigue.
            (2) Contents.--The study shall include the following:
                    (A) A survey of field operations of flight 
                attendants.
                    (B) A study of incident reports regarding flight 
                attendant fatigue.
                    (C) Field research on the effects of such fatigue.
                    (D) A validation of models for assessing flight 
                attendant fatigue.
                    (E) A review of international policies and 
                practices regarding flight limitations and rest of 
                flight attendants.
                    (F) An analysis of potential benefits of training 
                flight attendants regarding fatigue.
            (3) Report.--Not later than June 30, 2010, the 
        Administrator shall submit to Congress a report on the results 
        of the study.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 307. OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR FLIGHT 
              ATTENDANTS ON BOARD AIRCRAFT.

    (a) In General.--Chapter 447 (as amended by section 303 of this 
Act) is further amended by adding at the end the following:
``Sec. 44731. Occupational safety and health standards for flight 
              attendants on board aircraft
    ``(a) In General.--The Administrator of the Federal Aviation 
Administration shall prescribe and enforce standards and regulations to 
ensure the occupational safety and health of individuals serving as 
flight attendants in the cabin of an aircraft of an air carrier.
    ``(b) Standards and Regulations.--Standards and regulations issued 
under this section shall require each air carrier operating an aircraft 
in air transportation--
            ``(1) to provide for an environment in the cabin of the 
        aircraft that is free from hazards that could cause physical 
        harm to a flight attendant working in the cabin; and
            ``(2) to meet minimum standards for the occupational safety 
        and health of flight attendants who work in the cabin of the 
        aircraft.
    ``(c) Rulemaking.--In carrying out this section, the Administrator 
shall conduct a rulemaking proceeding to address, at a minimum, the 
following areas:
            ``(1) Record keeping.
            ``(2) Blood borne pathogens.
            ``(3) Noise.
            ``(4) Sanitation.
            ``(5) Hazard communication.
            ``(6) Anti-discrimination.
            ``(7) Access to employee exposure and medical records.
            ``(8) Temperature standards for the aircraft cabin.
    ``(d) Regulations.--
            ``(1) Deadline.--Not later than 3 years after the date of 
        enactment of this section, the Administrator shall issue final 
        regulations to carry out this section.
            ``(2) Contents.--Regulations issued under this subsection 
        shall address each of the issues identified in subsection (c) 
        and others aspects of the environment of an aircraft cabin that 
        may cause illness or injury to a flight attendant working in 
        the cabin.
            ``(3) Employer actions to address occupational safety and 
        health hazards.--Regulations issued under this subsection shall 
        set forth clearly the circumstances under which an air carrier 
        is required to take action to address occupational safety and 
        health hazards.
    ``(e) Additional Rulemaking Proceedings.--After issuing regulations 
under subsection (c), the Administrator may conduct additional 
rulemaking proceedings as the Administrator determines appropriate to 
carry out this section.
    ``(f) Oversight.--
            ``(1) Cabin occupational safety and health inspectors.--The 
        Administrator shall establish the position of Cabin 
        Occupational Safety and Health Inspector within the Federal 
        Aviation Administration and shall employ individuals with 
        appropriate qualifications and expertise to serve in the 
        position.
            ``(2) Responsibilities.--Inspectors employed under this 
        subsection shall be solely responsible for conducting proper 
        oversight of air carrier programs implemented under this 
        section.
    ``(g) Consultation.--In developing regulations under this section, 
the Administrator shall consult with the Administrator of the 
Occupational Safety and Health Administration, labor organizations 
representing flight attendants, air carriers, and other interested 
persons.
    ``(h) Safety Priority.--In developing and implementing regulations 
under this section, the Administrator shall give priority to the safe 
operation and maintenance of an aircraft.
    ``(i) Flight Attendant Defined.--In this section, the term `flight 
attendant' has the meaning given that term by section 44728.
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section. 
Such sums shall remain available until expended.''.
    (b) Clerical Amendment.--The analysis for chapter 447 is amended by 
adding at the end the following:

``44731. Occupational safety and health standards for flight attendants 
                            on board aircraft.''.

SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS AREAS.

    (a) Establishment.--The Administrator of the Federal Aviation 
Administration may establish a pilot program to improve safety and 
efficiency by providing surveillance for aircraft flying outside of 
radar coverage in mountainous areas.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section. 
Such sums shall remain available until expended.

SEC. 309. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER OBSERVATION 
              TECHNOLOGY.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall conduct a review of off-airport, low-altitude 
aircraft weather observation technologies.
    (b) Specific Review.--The review shall include, at a minimum, an 
examination of off-airport, low-altitude weather reporting needs, an 
assessment of technical alternatives (including automated weather 
observation stations), an investment analysis, and recommendations for 
improving weather reporting.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit to Congress a report 
containing the results of the review.

SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS.

    (a) Issuance of Regulations.--Not later than 3 years after the date 
of enactment of this Act, the Administrator of the Federal Aviation 
Administration shall issue regulations requiring that all covered 
maintenance work on aircraft used to provide air transportation under 
part 121 of title 14, Code of Federal Regulations, be performed by 
individuals in accordance with subsection (b).
    (b) Persons Authorized To Perform Certain Work.--Covered 
maintenance work for a part 121 air carrier shall only be performed 
by--
            (1) an individual employed by the air carrier;
            (2) an individual employed by another part 121 air carrier;
            (3) an individual employed by a part 145 repair station; or
            (4) an individual employed by a company that provides 
        contract maintenance workers to a part 145 repair station or 
        part 121 air carrier, if the individual--
                    (A) meets the requirements of the part 145 repair 
                station or the part 121 air carrier;
                    (B) works under the direct supervision and control 
                of the part 145 repair station or part 121 air carrier; 
                and
                    (C) carries out the work in accordance with the 
                part 121 air carrier's maintenance manual and, if 
                applicable, the part 145 certificate holder's repair 
                station and quality control manuals.
    (c) Plan.--
            (1) Development.--The Administrator shall develop a plan 
        to--
                    (A) require air carriers to identify and provide to 
                the Administrator a complete listing of all 
                noncertificated maintenance providers that perform, 
                before the effective date of the regulations to be 
                issued under subsection (a), covered maintenance work 
                on aircraft used to provide air transportation under 
                part 121 of title 14, Code of Federal Regulations;
                    (B) validate the lists that air carriers provide 
                under subparagraph (A) by sampling air carrier records, 
                such as maintenance activity reports and general vendor 
                listings; and
                    (C) include surveillance and oversight by field 
                inspectors of the Federal Aviation Administration for 
                all noncertificated maintenance providers that perform 
                covered maintenance work on aircraft used to provide 
                air transportation in accordance with such part 121.
            (2) Report to congress.--Not later than 6 months after the 
        date of enactment of this Act, the Administrator shall transmit 
        to Congress a report containing the plan developed under 
        paragraph (1).
    (d) Definitions.--In this section, the following definitions apply:
            (1) Covered maintenance work.--The term ``covered 
        maintenance work'' means maintenance work that is essential, 
        regularly scheduled, or a required inspection item, as 
        determined by the Administrator.
            (2) Part 121 air carrier.--The term ``part 121 air 
        carrier'' means an air carrier that holds a certificate issued 
        under part 121 of title 14, Code of Federal Regulations.
            (3) Part 145 repair station.--The term ``part 145 repair 
        station'' means a repair station that holds a certificate 
        issued under part 145 of title 14, Code of Federal Regulations.
            (4) Noncertificated maintenance provider.--The term 
        ``noncertificated maintenance provider'' means a maintenance 
        provider that does not hold a certificate issued under part 121 
        or part 145 of title 14 Code of Federal Regulations.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for the Administrator to 
hire additional field safety inspectors to ensure adequate and timely 
inspection of maintenance providers that perform covered maintenance 
work.

SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STANDARDS.

    (a) Rulemaking Proceeding.--Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Federal Aviation 
Administration shall initiate a rulemaking proceeding for the purpose 
of issuing a proposed and final rule that revises the aircraft rescue 
and firefighting standards (``ARFF'') under part 139 of title 14, Code 
of Federal Regulations, to improve the protection of the traveling 
public, other persons, aircraft, buildings, and the environment from 
fires and hazardous materials incidents.
    (b) Contents of Proposed and Final Rule.--The proposed and final 
rule to be issued under subsection (a) shall address the following:
            (1) The mission of aircraft rescue and firefighting 
        personnel, including responsibilities for passenger egress in 
        the context of other Administration requirements.
            (2) The proper level of staffing.
            (3) The timeliness of a response.
            (4) The handling of hazardous materials incidents at 
        airports.
            (5) Proper vehicle deployment.
            (6) The need for equipment modernization.
    (c) Consistency With Voluntary Consensus Standards.--The proposed 
and final rule issued under subsection (a) shall be, to the extent 
practical, consistent with national voluntary consensus standards for 
aircraft rescue and firefighting services at airports.
    (d) Assessments of Potential Impacts.--In the rulemaking proceeding 
initiated under subsection (a), the Administrator shall assess the 
potential impact of any revisions to the firefighting standards on 
airports and air transportation service.
    (e) Inconsistency With Standards.--If the proposed or final rule 
issued under subsection (a) is not consistent with national voluntary 
consensus standards for aircraft rescue and firefighting services at 
airports, the Administrator shall submit to the Office of Management 
and Budget an explanation of the reasons for such inconsistency in 
accordance with section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783).
    (f) Final Rule.--Not later than 24 months after the date of 
enactment of this Act, the Administrator shall issue the final rule 
required by subsection (a).

SEC. 312. COCKPIT SMOKE.

    (a) Study.--The Comptroller General shall conduct a study on the 
effectiveness of oversight activities of the Federal Aviation 
Administration relating to preventing or mitigating the effects of 
dense continuous smoke in the cockpit of a commercial aircraft.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the results of the study.

SEC. 313. SAFETY OF HELICOPTER AIR AMBULANCE OPERATIONS.

    (a) In General.--Chapter 447 (as amended by this Act) is further 
amended by adding at the end the following:
``Sec. 44732. Helicopter air ambulance operations
    ``(a) Rulemaking.--The Administrator of the Federal Aviation 
Administration shall conduct a rulemaking proceeding to improve the 
safety of flight crewmembers, medical personnel, and passengers onboard 
helicopters providing helicopter air ambulance services under part 135 
of title 14, Code of Federal Regulations.
    ``(b) Matters to Be Addressed.--In conducting the rulemaking 
proceeding under subsection (a), the Administrator shall address the 
following:
            ``(1) Flight request and dispatch procedures, including 
        performance-based flight dispatch procedures.
            ``(2) Pilot training standards, including--
                    ``(A) mandatory training requirements, including a 
                minimum time for completing the training requirements;
                    ``(B) training subject areas, such as 
                communications procedures and appropriate technology 
                use;
                    ``(C) establishment of training standards in--
                            ``(i) crew resource management;
                            ``(ii) flight risk evaluation;
                            ``(iii) preventing controlled flight into 
                        terrain;
                            ``(iv) recovery from inadvertent flight 
                        into instrument meteorological conditions;
                            ``(v) operational control of the pilot in 
                        command; and
                            ``(vi) use of flight simulation training 
                        devices and line oriented flight training.
            ``(3) Safety-enhancing technology and equipment, 
        including--
                    ``(A) helicopter terrain awareness and warning 
                systems;
                    ``(B) radar altimeters;
                    ``(C) devices that perform the function of flight 
                data recorders and cockpit voice recorders, to the 
                extent feasible; and
                    ``(D) safety equipment that should be worn or used 
                by flight crewmembers and medical personnel on a 
                flight, including the possible use of shoulder 
                harnesses, helmets, seatbelts, and fire resistant 
                clothing to enhance crash survivability.
            ``(4) Such other matters as the Administrator considers 
        appropriate.
    ``(c) Minimum Requirements.--In issuing a final rule under 
subsection (a), the Administrator, at a minimum, shall provide for the 
following:
            ``(1) Flight risk evaluation program.--The Administrator 
        shall ensure that a part 135 certificate holder providing 
        helicopter air ambulance services--
                    ``(A) establishes a flight risk evaluation program, 
                based on FAA Notice 8000.301 issued by the 
                Administration on August 1, 2005, including any updates 
                thereto;
                    ``(B) as part of the flight risk evaluation 
                program, develops a checklist for use by pilots in 
                determining whether a flight request should be 
                accepted; and
                    ``(C) requires the pilots of the certificate holder 
                to use the checklist.
            ``(2) Operational control center.--The Administrator shall 
        ensure that a part 135 certificate holder providing helicopter 
        air ambulance services using 10 or more helicopters has an 
        operational control center that meets such requirements as the 
        Administrator may prescribe.
            ``(3) Compliance.--The Administrator shall ensure that a 
        part 135 certificate holder providing helicopter air ambulance 
        services complies with applicable regulations under part 135 of 
        title 14, Code of Federal Regulations, including regulations on 
        weather minima and flight and duty time whenever medical 
        personnel are onboard the aircraft.
    ``(d) Deadlines.--The Administrator shall--
            ``(1) not later than 180 days after the date of enactment 
        of this section, issue a notice of proposed rulemaking under 
        subsection (a); and
            ``(2) not later than 16 months after the close of the 
        comment period on the proposed rule, issue a final rule.
    ``(e) Part 135 Certificate Holder Defined.--In this section, the 
term `part 135 certificate holder' means a person holding a certificate 
issued under part 135 of title 14, Code of Federal Regulations.
``Sec. 44733. Collection of data on helicopter air ambulance operations
    ``(a) In General.--The Administrator of the Federal Aviation 
Administration shall require a part 135 certificate holder providing 
helicopter air ambulance services to submit to the Administrator, not 
later than one year after the date of enactment of this section, and 
annually thereafter, a report containing, at a minimum, the following 
data:
            ``(1) The number of helicopters that the certificate holder 
        uses to provide helicopter air ambulance services and the base 
        locations of the helicopters.
            ``(2) The number of flights and hours flown, by 
        registration number, during which helicopters operated by the 
        certificate holder were providing helicopter air ambulance 
        services.
            ``(3) The number of flight requests for a helicopter 
        providing helicopter air ambulance services that were accepted 
        or declined by the certificate holder and the type of each such 
        flight request (such as scene response, inter-facility 
        transport, organ transport, or ferry or repositioning flight).
            ``(4) The number of accidents involving helicopters 
        operated by the certificate holder while providing helicopter 
        air ambulance services and a description of the accidents.
            ``(5) The number of flights and hours flown under 
        instrument flight rules by helicopters operated by the 
        certificate holder while providing helicopter air ambulance 
        services.
            ``(6) The time of day of each flight flown by helicopters 
        operated by the certificate holder while providing helicopter 
        air ambulance services.
    ``(b) Reporting Period.--Data contained in a report submitted by a 
part 135 certificate holder under subsection (a) shall relate to such 
reporting period as the Administrator determines appropriate.
    ``(c) Database.--Not later than 6 months after the date of 
enactment of this section, the Administrator shall develop a method to 
collect and store the data collected under subsection (a), including a 
method to protect the confidentiality of any trade secret or 
proprietary information provided in response to this section.
    ``(d) Report to Congress.--Not later than 24 months after the date 
of enactment of this section, and annually thereafter, the 
Administrator shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report containing 
a summary of the data collected under subsection (a).
    ``(e) Part 135 Certificate Holder Defined.--In this section, the 
term `part 135 certificate holder' means a person holding a certificate 
issued under part 135 of title 14, Code of Federal Regulations.''.
    (b) Clerical Amendment.--The analysis for chapter 447 (as amended 
by this Act) is further amended by adding at the end the following:

``Sec. 44732. Helicopter air ambulance operations.
``Sec. 44733. Collection of data on helicopter air ambulance 
                            operations.''.

SEC. 314. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE NIGHT 
              VISION GOGGLES.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall carry out a study on the feasibility of requiring 
pilots of helicopters providing helicopter air ambulance services under 
part 135 of title 14, Code of Federal Regulations, to use night vision 
goggles during nighttime operations.
    (b) Considerations.--In conducting the study, the Administrator 
shall consult with owners and operators of helicopters providing 
helicopter air ambulance services under such part 135 and aviation 
safety professionals to determine the benefits, financial 
considerations, and risks associated with requiring the use of night 
vision goggles.
    (c) Report to Congress.--Not later than one year after the date of 
enactment of this Act, the Administrator shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study.

SEC. 315. STUDY OF HELICOPTER AND FIXED WING AIR AMBULANCE SERVICES.

    (a) In General.--The Comptroller General shall conduct a study of 
the helicopter and fixed-wing air ambulance industry. The study shall 
include information, analysis, and recommendations pertinent to 
ensuring a safe air ambulance industry.
    (b) Required Information.--In conducting the study, the Comptroller 
General shall obtain detailed information on the following aspects of 
the air ambulance industry:
            (1) A review of the industry, for part 135 certificate 
        holders and indirect carriers providing helicopter and fixed-
        wing air ambulance services, including--
                    (A) a listing of the number, size, and location of 
                helicopter and fixed-wing aircraft and their flight 
                bases;
                    (B) affiliations of certificate holders and 
                indirect carriers with hospitals, governments, and 
                other entities;
                    (C) coordination of air ambulance services, with 
                each other, State and local emergency medical services 
                systems, referring entities, and receiving hospitals;
                    (D) nature of services contracts, sources of 
                payment, financial relationships between certificate 
                holders and indirect carriers providing air ambulance 
                services and referring entities, and costs of 
                operations; and
                    (E) a survey of business models for air ambulance 
                operations, including expenses, structure, and sources 
                of income.
            (2) Air ambulance request and dispatch practices, including 
        the various types of protocols, models, training, 
        certifications, and air medical communications centers relating 
        to part 135 certificate holders and indirect carriers providing 
        helicopter and fixed-wing air ambulance services, including--
                    (A) the practices that emergency and medical 
                officials use to request an air ambulance;
                    (B) information on whether economic or other 
                nonmedical factors lead to air ambulance transport when 
                it is not medically needed, appropriate, or safe; and
                    (C) the cause, occurrence, and extent of delays in 
                air ambulance transport.
            (3) Economic and medical issues relating to the air 
        ambulance industry, including--
                    (A) licensing;
                    (B) certificates of need;
                    (C) public convenience and necessity requirements;
                    (D) assignment of geographic coverage areas;
                    (E) accreditation requirements;
                    (F) compliance with dispatch procedures; and
                    (G) requirements for medical equipment and 
                personnel onboard the aircraft.
            (4) Such other matters as the Comptroller General considers 
        relevant to the purpose of the study.
    (c) Analysis and Recommendations.--Based on information obtained 
under subsection (b) and other information the Comptroller General 
considers appropriate, the report shall also include an analysis and 
specific recommendations, as appropriate, related to--
            (1) the relationship between State regulation and Federal 
        preemption of rates, routes, and services of air ambulances;
            (2) the extent to which Federal law may impact existing 
        State regulation of air ambulances and the potential effect of 
        greater State regulation--
                    (A) in the air ambulance industry, on the economic 
                viability of air ambulance services, the availability 
                and coordination of service, and costs of operations 
                both in rural and highly populated areas;
                    (B) on the quality of patient care and outcomes; 
                and
                    (C) on competition and safety; and
            (3) whether systemic or other problems exist on a 
        statewide, regional, or national basis with the current system 
        governing air ambulances.
    (d) Report.--Not later than June 1, 2010, the Comptroller General 
shall submit to the Secretary of Transportation and the appropriate 
committees of Congress a report containing its findings and 
recommendations regarding the study under this section.
    (e) Adoption of Recommended Policy Changes.--Not later than 60 days 
after the date of receipt of the report under subsection (d), the 
Secretary shall issue a report to the appropriate committees of 
Congress, that--
            (1) specifies which, if any, policy changes recommended by 
        the Comptroller General and any other policy changes with 
        respect to air ambulances the Secretary will adopt and 
        implement; and
            (2) includes recommendations for legislative change, if 
        appropriate.
    (f) Part 135 Certificate Holder Defined.--In this section, the term 
``part 135 certificate holder'' means a person holding a certificate 
issued under part 135 of title 14, Code of Federal Regulations.

                 Subtitle B--Unmanned Aircraft Systems

SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION PLAN.

    (a) Integration Plan.--
            (1) Comprehensive plan.--Not later than 9 months after the 
        date of enactment of this Act, the Secretary, in consultation 
        with representatives of the aviation industry, shall develop a 
        comprehensive plan to safely integrate commercial unmanned 
        aircraft systems into the national airspace system.
            (2) Minimum requirements.--In developing the plan under 
        paragraph (1), the Secretary shall, at a minimum--
                    (A) review technologies and research that will 
                assist in facilitating the safe integration of 
                commercial unmanned aircraft systems into the national 
                airspace system;
                    (B) provide recommendations or projections for the 
                rulemaking to be conducted under subsection (b) to--
                            (i) define the acceptable standards for 
                        operations and certification of commercial 
                        unmanned aircraft systems;
                            (ii) ensure that any commercial unmanned 
                        aircraft system includes a detect, sense, and 
                        avoid capability; and
                            (iii) develop standards and requirements 
                        for the operator, pilot, and programmer of a 
                        commercial unmanned aircraft system, including 
                        standards and requirements for registration and 
                        licensing;
                    (C) recommend how best to enhance the technologies 
                and subsystems necessary to effect the safe and routine 
                operations of commercial unmanned aircraft systems in 
                the national airspace system; and
                    (D) recommend how a phased-in approach to the 
                integration of commercial unmanned aircraft systems 
                into the national airspace system can best be achieved 
                and a timeline upon which such a phase-in shall occur.
            (3) Deadline.--The plan to be developed under paragraph (1) 
        shall provide for the safe integration of commercial unmanned 
        aircraft systems into the national airspace system as soon as 
        possible, but not later than September 30, 2013.
            (4) Report to congress.--Not later than one year after the 
        date of enactment of this Act, the Secretary shall submit to 
        Congress a copy of the plan developed under paragraph (1).
    (b) Rulemaking.--Not later than 18 months after the date on which 
the integration plan is submitted to Congress under subsection (a)(4), 
the Administrator of the Federal Aviation Administration shall publish 
in the Federal Register a notice of proposed rulemaking to implement 
the recommendations of the integration plan.
    (c) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this section.

SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.

    (a) In General.--Notwithstanding the requirements of sections 321 
and 323, and not later than 6 months after the date of enactment of 
this Act, the Secretary shall determine if certain unmanned aircraft 
systems may operate safely in the national airspace system before 
completion of the plan and rulemaking required by section 321 or the 
guidance required by section 323.
    (b) Assessment of Unmanned Aircraft Systems.--In making the 
determination under subsection (a), the Secretary shall determine, at a 
minimum--
            (1) which types of unmanned aircraft systems, if any, as a 
        result of their size, weight, speed, operational capability, 
        proximity to airports and population areas, and operation 
        within visual line-of-sight do not create a hazard to users of 
        the national airspace system or the public or pose a threat to 
        national security; and
            (2) whether a certificate of authorization or an 
        airworthiness certification under section 44704 of title 49, 
        United States Code, is required for the operation of unmanned 
        aircraft systems identified under paragraph (1).
    (c) Requirements for Safe Operation.--If the Secretary determines 
under this section that certain unmanned aircraft systems may operate 
safely in the national airspace system, the Secretary shall establish 
requirements for the safe operation of such aircraft systems in the 
national airspace system.

SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

    Not later than 9 months after the date of enactment of this Act, 
the Secretary shall issue guidance regarding the operation of public 
unmanned aircraft systems to--
            (1) expedite the issuance of a certificate of authorization 
        process;
            (2) provide for a collaborative process with public 
        agencies to allow for an incremental expansion of access to the 
        national airspace system as technology matures and the 
        necessary safety analysis and data become available and until 
        standards are completed and technology issues are resolved; and
            (3) facilitate the capability of public agencies to develop 
        and use test ranges, subject to operating restrictions required 
        by the Federal Aviation Administration, to test and operate 
        unmanned aircraft systems.

SEC. 324. DEFINITIONS.

    In this subtitle, the following definitions apply:
            (1) Certificate of authorization.--The term ``certificate 
        of authorization'' means a Federal Aviation Administration 
        grant of approval for a specific flight operation.
            (2) Detect, sense, and avoid capability.--The term 
        ``detect, sense, and avoid capability'' means the technical 
        capability to perform separation assurance and collision 
        avoidance, as defined by the Federal Aviation Administration.
            (3) Public unmanned aircraft system.--The term ``public 
        unmanned aircraft system'' means an unmanned aircraft system 
        that meets the qualifications and conditions required for 
        operation of a public aircraft, as defined by section 40102 of 
        title 49, United States Code.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (5) Test range.--The term ``test range'' means a defined 
        geographic area where research and development are conducted.
            (6) Unmanned aircraft.--The term ``unmanned aircraft'' 
        means an aircraft that is operated without the possibility of 
        direct human intervention from within or on the aircraft.
            (7) Unmanned aircraft system.--The term ``unmanned aircraft 
        system'' means an unmanned aircraft and associated elements 
        (such as communication links and a ground control station) that 
        are required to operate safely and efficiently in the national 
        airspace system.

                   Subtitle C--Safety and Protections

SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

    Section 106 is amended by adding at the end the following:
    ``(s) Aviation Safety Whistleblower Investigation Office.--
            ``(1) Establishment.--There is established in the Federal 
        Aviation Administration (in this subsection referred to as the 
        `Agency') an Aviation Safety Whistleblower Investigation Office 
        (in this subsection referred to as the `Office').
            ``(2) Director.--
                    ``(A) Appointment.--The head of the Office shall be 
                the Director, who shall be appointed by the Secretary 
                of Transportation.
                    ``(B) Reports and recommendations to secretary.--
                The Director shall provide regular reports to the 
                Secretary of Transportation. The Director may recommend 
                that the Secretary take any action necessary for the 
                Office to carry out its functions, including protection 
                of complainants and witnesses.
                    ``(C) Qualifications.--The Director shall have a 
                demonstrated ability in investigations and knowledge of 
                or experience in aviation.
                    ``(D) Term.--The Director shall be appointed for a 
                term of 5 years.
                    ``(E) Vacancy.--Any individual appointed to fill a 
                vacancy in the position of the Director occurring 
                before the expiration of the term for which the 
                individual's predecessor was appointed shall be 
                appointed for the remainder of that term.
            ``(3) Complaints and investigations.--
                    ``(A) Authority of director.--The Director shall--
                            ``(i) receive complaints and information 
                        submitted by employees of persons holding 
                        certificates issued under title 14, Code of 
                        Federal Regulations, and employees of the 
                        Agency concerning the possible existence of an 
                        activity relating to a violation of an order, 
                        regulation, or standard of the Agency or any 
                        other provision of Federal law relating to 
                        aviation safety;
                            ``(ii) assess complaints and information 
                        submitted under clause (i) and determine 
                        whether a substantial likelihood exists that a 
                        violation of an order, regulation, or standard 
                        of the Agency or any other provision of Federal 
                        law relating to aviation safety may have 
                        occurred; and
                            ``(iii) based on findings of the assessment 
                        conducted under clause (ii), make 
                        recommendations to the Secretary and 
                        Administrator in writing for--
                                    ``(I) further investigation by the 
                                Office, the Inspector General of the 
                                Department of Transportation, or other 
                                appropriate investigative body; or
                                    ``(II) corrective actions.
                    ``(B) Disclosure of identities.--The Director shall 
                not disclose the identity or identifying information of 
                an individual who submits a complaint or information 
                under subparagraph (A)(i) unless--
                            ``(i) the individual consents to the 
                        disclosure in writing; or
                            ``(ii) the Director determines, in the 
                        course of an investigation, that the disclosure 
                        is unavoidable, in which case the Director 
                        shall provide the individual with reasonable 
                        advance notice.
                    ``(C) Independence of director.--The Secretary, the 
                Administrator, or any officer or employee of the Agency 
                may not prevent or prohibit the Director from 
                initiating, carrying out, or completing any assessment 
                of a complaint or information submitted under 
                subparagraph (A)(i) or from reporting to Congress on 
                any such assessment.
                    ``(D) Access to information.--In conducting an 
                assessment of a complaint or information submitted 
                under subparagraph (A)(i), the Director shall have 
                access to, and can order the retention of, all records, 
                reports, audits, reviews, documents, papers, 
                recommendations, and other material necessary to 
                determine whether a substantial likelihood exists that 
                a violation of an order, regulation, or standard of the 
                Agency or any other provision of Federal law relating 
                to aviation safety may have occurred. The Director may 
                order sworn testimony from appropriate witnesses during 
                the course of an investigation.
                    ``(E) Procedure.--The Office shall establish 
                procedures equivalent to sections 1213(d) and 1213(e) 
                of title 5 for investigation, report, employee comment, 
                and evaluation by the Secretary for any investigation 
                conducted pursuant to paragraph (3)(A).
            ``(4) Responses to recommendations.--The Administrator 
        shall--
                    ``(A) respond within 60 days to a recommendation 
                made by the Director under paragraph (3)(A)(iii) in 
                writing and retain records related to any further 
                investigations or corrective actions taken in response 
                to the recommendation, in accordance with established 
                record retention requirements; and
                    ``(B) ensure that the findings of all referrals for 
                further investigation or corrective actions taken are 
                reported to the Director.
            ``(5) Incident reports.--If the Director determines there 
        is a substantial likelihood that a violation of an order, 
        regulation, or standard of the Agency or any other provision of 
        Federal law relating to aviation safety may have occurred that 
        requires immediate corrective action, the Director shall report 
        the potential violation expeditiously to the Secretary, the 
        Administrator, and the Inspector General of the Department of 
        Transportation.
            ``(6) Reporting of criminal violations to inspector 
        general.--If the Director has reasonable grounds to believe 
        that there has been a violation of Federal criminal law, the 
        Director shall report the violation expeditiously to the 
        Inspector General.
            ``(7) Retaliation against agency employees.--Any 
        retaliatory action taken or threatened against an employee of 
        the Agency for good faith participation in activities under 
        this subsection is prohibited. The Director shall make all 
        policy recommendations and specific requests to the Secretary 
        for relief necessary to protect employees of the Agency who 
        initiate or participate in investigations under this 
        subsection. The Secretary shall respond in a timely manner and 
        shall share the responses with the appropriate committees of 
        Congress.
            ``(8) Disciplinary actions.--The Secretary shall exercise 
        the Secretary's authority under section 2302 of title 5 for the 
        prevention of prohibited personnel actions in any case in which 
        the prohibited personnel action is taken against an employee of 
        the Agency who, in good faith, has reported the possible 
        existence of an activity relating to a violation of an order, 
        regulation, or standard of the Agency or any other provision of 
        Federal law relating to aviation safety. In exercising such 
        authority, the Secretary may subject an employee of the Agency 
        who has taken or failed to take, or threatened to take or fail 
        to take, a personnel action in violation of such section to a 
        disciplinary action up to and including termination.
            ``(9) Annual reports to congress.--Not later than October 1 
        of each year, the Director shall submit to Congress a public 
        report containing--
                    ``(A) information on the number of submissions of 
                complaints and information received by the Director 
                under paragraph (3)(A)(i) in the preceding 12-month 
                period;
                    ``(B) summaries of those submissions;
                    ``(C) summaries of further investigations, 
                corrective actions recommended, and referrals in 
                response to the submissions;
                    ``(D) summaries of the responses of the 
                Administrator to such recommendations; and
                    ``(E) an evaluation of personnel and resources 
                necessary to effectively support the mandate of the 
                Office.''.

SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.

    (a) Findings.--Congress finds the following:
            (1) Subsections (a) and (d) of section 40101 of title 49, 
        United States Code, directs the Federal Aviation Administration 
        (in this section referred to as the ``Agency'') to make safety 
        its highest priority.
            (2) In 1996, to ensure that there would be no appearance of 
        a conflict of interest for the Agency in carrying out its 
        safety responsibilities, Congress amended section 40101(d) of 
        such title to remove the responsibilities of the Agency to 
        promote airlines.
            (3) Despite these directives from Congress regarding the 
        priority of safety, the Agency issued a vision statement in 
        which it stated that it has a ``vision'' of ``being responsive 
        to our customers and accountable to the public'' and, in 2003, 
        issued a customer service initiative that required aviation 
        inspectors to treat air carriers and other aviation certificate 
        holders as ``customers'' rather than regulated entities.
            (4) The initiatives described in paragraph (3) appear to 
        have given regulated entities and Agency inspectors the 
        impression that the management of the Agency gives an unduly 
        high priority to the satisfaction of regulated entities 
        regarding its inspection and certification decisions and other 
        lawful actions of its safety inspectors.
            (5) As a result of the emphasis on customer satisfaction, 
        some managers of the Agency have discouraged vigorous 
        enforcement and replaced inspectors whose lawful actions 
        adversely affected an air carrier.
    (b) Modification of Initiative.--Not later than 90 days after the 
date of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall modify the customer service initiative, 
mission and vision statements, and other statements of policy of the 
Agency--
            (1) to remove any reference to air carriers or other 
        entities regulated by the Agency as ``customers'';
            (2) to clarify that in regulating safety the only customers 
        of the Agency are individuals traveling on aircraft; and
            (3) to clarify that air carriers and other entities 
        regulated by the Agency do not have the right to select the 
        employees of the Agency who will inspect their operations.
    (c) Safety Priority.--In carrying out the Administrator's 
responsibilities, the Administrator shall ensure that safety is given a 
higher priority than preventing the dissatisfaction of an air carrier 
or other entity regulated by the Agency with an employee of the Agency.

SEC. 333. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.

    (a) In General.--Section 44711 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(d) Post-Employment Restrictions for Flight Standards 
Inspectors.--
            ``(1) Prohibition.--A person holding an operating 
        certificate issued under title 14, Code of Federal Regulations, 
        may not knowingly employ, or make a contractual arrangement 
        which permits, an individual to act as an agent or 
        representative of the certificate holder in any matter before 
        the Federal Aviation Administration (in this subsection 
        referred to as the `Agency') if the individual, in the 
        preceding 2-year period--
                    ``(A) served as, or was responsible for oversight 
                of, a flight standards inspector of the Agency; and
                    ``(B) had responsibility to inspect, or oversee 
                inspection of, the operations of the certificate 
                holder.
            ``(2) Written and oral communications.--For purposes of 
        paragraph (1), an individual shall be considered to be acting 
        as an agent or representative of a certificate holder in a 
        matter before the Agency if the individual makes any written or 
        oral communication on behalf of the certificate holder to the 
        Agency (or any of its officers or employees) in connection with 
        a particular matter, whether or not involving a specific party 
        and without regard to whether the individual has participated 
        in, or had responsibility for, the particular matter while 
        serving as a flight standards inspector of the Agency.''.
    (b) Applicability.--The amendment made by subsection (a) shall not 
apply to an individual employed by a certificate holder as of the date 
of enactment of this Act.

SEC. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS.

    (a) In General.--An individual serving as a principal supervisory 
inspector of the Federal Aviation Administration (in this section 
referred to as the ``Agency'') may not be responsible for overseeing 
the operations of a single air carrier for a continuous period of more 
than 5 years.
    (b) Transitional Provision.--An individual serving as a principal 
supervisory inspector of the Agency with respect to an air carrier as 
of the date of enactment of this Act may be responsible for overseeing 
the operations of the carrier until the last day of the 5-year period 
specified in subsection (a) or last day of the 2-year period beginning 
on such date of enactment, whichever is later.
    (c) Issuance of Order.--Not later than 30 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall issue an order to carry out this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator such sums as may be necessary to 
carry out this section.

SEC. 335. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM 
              DATABASE.

    (a) Reviews.--The Administrator of the Federal Aviation 
Administration shall establish a process by which the air 
transportation oversight system database of the Federal Aviation 
Administration (in this section referred to as the ``Agency'') is 
reviewed by a team of employees of the Agency, including at least one 
employee selected by the exclusive bargaining representative for 
aviation safety inspectors, on a monthly basis to ensure that--
            (1) any trends in regulatory compliance are identified; and
            (2) appropriate corrective actions are taken in accordance 
        with Agency regulations, advisory directives, policies, and 
        procedures.
    (b) Monthly Team Reports.--
            (1) In general.--The team of employees conducting a monthly 
        review of the air transportation oversight system database 
        under subsection (a) shall submit to the Administrator, the 
        Associate Administrator for Aviation Safety, and the Director 
        of Flight Standards a report on the results of the review.
            (2) Contents.--A report submitted under paragraph (1) shall 
        identify--
                    (A) any trends in regulatory compliance discovered 
                by the team of employees in conducting the monthly 
                review; and
                    (B) any corrective actions taken or proposed to be 
                taken in response to the trends.
    (c)  Quarterly Reports to Congress.--The Administrator, on a 
quarterly basis, shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of reviews of the air transportation oversight system database 
conducted under this section, including copies of reports received 
under subsection (b).

SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.

    (a) Voluntary Disclosure Reporting Program Defined.--In this 
section, the term ``Voluntary Disclosure Reporting Program'' means the 
program established by the Federal Aviation Administration through 
Advisory Circular 00-58A, dated September 8, 2006, including any 
subsequent revisions thereto.
    (b) Verification.--The Administrator of the Federal Aviation 
Administration shall modify the Voluntary Disclosure Reporting Program 
to require inspectors to--
            (1) verify that air carriers implement comprehensive 
        solutions to correct the underlying causes of the violations 
        voluntarily disclosed by such air carriers; and
            (2) confirm, before approving a final report of a 
        violation, that the violation, or another violation occurring 
        under the same circumstances, has not been previously 
        discovered by an inspector or self-disclosed by the air 
        carrier.
    (c) Supervisory Review of Voluntary Self Disclosures.--The 
Administrator shall establish a process by which voluntary self-
disclosures received from air carriers are reviewed and approved by a 
supervisor after the initial review by an inspector.
    (d) Inspector General Study.--
            (1) In general.--The Inspector General of the Department of 
        Transportation shall conduct a study of the Voluntary 
        Disclosure Reporting Program.
            (2) Review.--In conducting the study, the Inspector General 
        shall examine, at a minimum, whether--
                    (A) there is evidence that voluntary disclosure is 
                resulting in regulated entities discovering and 
                correcting violations to a greater extent than would 
                otherwise occur if there was no program for immunity 
                from enforcement action;
                    (B) the voluntary disclosure program makes the 
                Federal Aviation Administration (FAA) aware of 
                violations that the FAA would not have discovered if 
                there was not a program, and if a violation is 
                disclosed voluntarily, whether the FAA insists on 
                stronger corrective actions than would have occurred if 
                the regulated entity knew of a violation, but FAA did 
                not;
                    (C) the information the FAA gets under the program 
                leads to fewer violations by other entities, either 
                because the information leads other entities to look 
                for similar violations or because the information leads 
                FAA investigators to look for similar violations at 
                other entities; and
                    (D) there is any evidence that voluntary disclosure 
                has improved compliance with regulations, either for 
                the entities making disclosures or for the industry 
                generally.
            (3) Report.--Not later than one year after the date of 
        enactment of this Act, the Inspector General shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        study conducted under this section.

                   TITLE IV--AIR SERVICE IMPROVEMENTS

SEC. 401. SMOKING PROHIBITION.

    (a) In General.--Section 41706 is amended--
            (1) in the section heading by striking ``scheduled'' and 
        inserting ``passenger''; and
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Smoking Prohibition in Intrastate and Interstate 
Transportation by Aircraft.--An individual may not smoke in an 
aircraft--
            ``(1) in scheduled passenger interstate air transportation 
        or scheduled passenger intrastate air transportation; and
            ``(2) in nonscheduled intrastate or interstate 
        transportation of passengers by aircraft for compensation, if a 
        flight attendant is a required crewmember on the aircraft (as 
        determined by the Administrator of the Federal Aviation 
        Administration).
    ``(b) Smoking Prohibition in Foreign Air Transportation.--The 
Secretary of Transportation shall require all air carriers and foreign 
air carriers to prohibit smoking in an aircraft--
            ``(1) in scheduled passenger foreign air transportation; 
        and
            ``(2) in nonscheduled passenger foreign air transportation, 
        if a flight attendant is a required crewmember on the aircraft 
        (as determined by the Administrator or a foreign 
        government).''.
    (b) Clerical Amendment.--The analysis for chapter 417 is amended by 
striking the item relating to section 41706 and inserting the 
following:

``41706. Prohibitions against smoking on flights.''.

SEC. 402. MONTHLY AIR CARRIER REPORTS.

    (a) In General.--Section 41708 is amended by adding at the end the 
following:
    ``(c) Diverted and Cancelled Flights.--
            ``(1) Monthly reports.--The Secretary shall require an air 
        carrier referred to in paragraph (2) to file with the Secretary 
        a monthly report on each flight of the air carrier that is 
        diverted from its scheduled destination to another airport and 
        each flight of the air carrier that departs the gate at the 
        airport at which the flight originates but is cancelled before 
        wheels-off time.
            ``(2) Applicability.--An air carrier that is required to 
        file a monthly airline service quality performance report under 
        subsection (b) shall be subject to the requirement of paragraph 
        (1).
            ``(3) Contents.--A monthly report filed by an air carrier 
        under paragraph (1) shall include, at a minimum, the following 
        information:
                    ``(A) For a diverted flight--
                            ``(i) the flight number of the diverted 
                        flight;
                            ``(ii) the scheduled destination of the 
                        flight;
                            ``(iii) the date and time of the flight;
                            ``(iv) the airport to which the flight was 
                        diverted;
                            ``(v) wheels-on time at the diverted 
                        airport;
                            ``(vi) the time, if any, passengers 
                        deplaned the aircraft at the diverted airport; 
                        and
                            ``(vii) if the flight arrives at the 
                        scheduled destination airport--
                                    ``(I) the gate-departure time at 
                                the diverted airport;
                                    ``(II) the wheels-off time at the 
                                diverted airport;
                                    ``(III) the wheels-on time at the 
                                scheduled arrival airport; and
                                    ``(IV) the gate arrival time at the 
                                scheduled arrival airport.
                    ``(B) For flights cancelled after gate departure--
                            ``(i) the flight number of the cancelled 
                        flight;
                            ``(ii) the scheduled origin and destination 
                        airports of the cancelled flight;
                            ``(iii) the date and time of the cancelled 
                        flight;
                            ``(iv) the gate-departure time of the 
                        cancelled flight; and
                            ``(v) the time the aircraft returned to the 
                        gate.
            ``(4) Publication.--The Secretary shall compile the 
        information provided in the monthly reports filed pursuant to 
        paragraph (1) in a single monthly report and publish such 
        report on the website of the Department of Transportation.''.
    (b) Effective Date.--The Secretary of Transportation shall require 
monthly reports pursuant to the amendment made by subsection (a) 
beginning not later than 90 days after the date of enactment of this 
Act.

SEC. 403. FLIGHT OPERATIONS AT REAGAN NATIONAL AIRPORT.

    (a) Beyond Perimeter Exemptions.--Section 41718(a) is amended by 
striking ``24'' and inserting ``34''.
    (b) Limitations.--Section 41718(c)(2) is amended by striking ``3 
operations'' and inserting ``5 operations''.
    (c) Allocation of Beyond-Perimeter Exemptions.--Section 41718(c) is 
amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Slots.--The Administrator of the Federal Aviation 
        Administration shall reduce the hourly air carrier slot quota 
        for Ronald Reagan Washington National Airport in section 
        93.123(a) of title 14, Code of Federal Regulations, by a total 
        of 10 slots that are available for allocation. Such reductions 
        shall be taken in the 6:00 a.m., 10:00 p.m., or 11:00 p.m. 
        hours, as determined by the Administrator, in order to grant 
        exemptions under subsection (a).''.
    (d) Scheduling Priority.--Section 41718 is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Scheduling Priority.--Operations conducted by new entrant air 
carriers and limited incumbent air carriers shall be afforded a 
scheduling priority over operations conducted by other air carriers 
granted exemptions pursuant to this section, with the highest 
scheduling priority to be afforded to beyond-perimeter operations 
conducted by new entrant air carriers and limited incumbent air 
carriers.''.

SEC. 404. EAS CONTRACT GUIDELINES.

    (a) Compensation Guidelines.--Section 41737(a)(1) is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) in subparagraph (C) by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(D) include provisions under which the Secretary may 
        encourage an air carrier to improve air service for which 
        compensation is being paid under this subchapter by 
        incorporating financial incentives in an essential air service 
        contract based on specified performance goals, including goals 
        related to improving on-time performance, reducing the number 
        of flight cancellations, establishing reasonable fares 
        (including joint fares beyond the hub airport), establishing 
        convenient connections to flights providing service beyond hub 
        airports, and increasing marketing efforts; and
            ``(E) include provisions under which the Secretary may 
        execute a long-term essential air service contract to encourage 
        an air carrier to provide air service to an eligible place if 
        it would be in the public interest to do so.''.
    (b) Deadline for Issuance of Revised Guidance.--Not later than 90 
days after the date of enactment of this Act, the Secretary of 
Transportation shall issue revised guidelines governing the rate of 
compensation payable under subchapter II of chapter 417 of title 49, 
United States Code, that incorporate the amendments made by subsection 
(a).
    (c) Report.--Not later than 2 years after the date of issuance of 
revised guidelines pursuant to subsection (b), the Secretary shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the extent to which the 
revised guidelines have been implemented and the impact, if any, such 
implementation has had on air carrier performance and community 
satisfaction with air service for which compensation is being paid 
under subchapter II of chapter 417 of title 49, United States Code.

SEC. 405. ESSENTIAL AIR SERVICE REFORM.

    (a) Authorization of Appropriations.--Section 41742(a)(2) of title 
49, United States Code, is amended by striking ``there is authorized to 
be appropriated $77,000,000'' and inserting ``there is authorized to be 
appropriated out of the Airport and Airway Trust Fund $150,000,000''.
    (b) Distribution of Excess Funds.--
            (1) In general.--Section 41742(a) is amended by adding at 
        the end the following:
            ``(4) Distribution of excess funds.--Of the funds, if any, 
        credited to the account established under section 45303 in a 
        fiscal year that exceed the $50,000,000 made available for such 
        fiscal year under paragraph (1)--
                    ``(A) one-half shall be made available immediately 
                for obligation and expenditure to carry out section 
                41743; and
                    ``(B) one-half shall be made available immediately 
                for obligation and expenditure to carry out subsection 
                (b).''.
            (2) Conforming amendment.--Section 41742(b) is amended--
                    (A) in the first sentence by striking ``moneys 
                credited'' and all that follows before ``shall be 
                used'' and inserting ``amounts made available under 
                subsection (a)(4)(B)''; and
                    (B) in the second sentence by striking ``any 
                amounts from those fees'' and inserting ``any of such 
                amounts''.

SEC. 406. SMALL COMMUNITY AIR SERVICE.

    (a) Priorities.--Section 41743(c)(5) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) in subparagraph (E) by striking ``fashion.'' and 
        inserting ``fashion; and''; and
            (3) by adding at the end the following:
                    ``(F) multiple communities cooperate to submit a 
                regional or multistate application to improve air 
                service.''.
    (b) Extension of Authorization.--Section 41743(e)(2) is amended by 
striking ``2009'' and inserting ``2012''.

SEC. 407. AIR PASSENGER SERVICE IMPROVEMENTS.

    (a) In General.--Subtitle VII is amended by inserting after chapter 
421 the following:

           ``CHAPTER 423--AIR PASSENGER SERVICE IMPROVEMENTS

``Sec.
``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.
``42304. Notification of flight status by text message or email.
``Sec. 42301. Emergency contingency plans
    ``(a) Submission of Air Carrier and Airport Plans.--Not later than 
90 days after the date of enactment of this section, each air carrier 
providing covered air transportation at a large hub airport or medium 
hub airport and each operator of a large hub airport or medium hub 
airport shall submit to the Secretary of Transportation for review and 
approval an emergency contingency plan in accordance with the 
requirements of this section.
    ``(b) Covered Air Transportation Defined.--In this section, the 
term `covered air transportation' means scheduled passenger air 
transportation provided by an air carrier using aircraft with more than 
30 seats.
    ``(c) Air Carrier Plans.--
            ``(1) Plans for individual airports.--An air carrier shall 
        submit an emergency contingency plan under subsection (a) for--
                    ``(A) each large hub airport and medium hub airport 
                at which the carrier provides covered air 
                transportation; and
                    ``(B) each large hub airport and medium hub airport 
                at which the carrier has flights for which it has 
                primary responsibility for inventory control.
            ``(2) Contents.--An emergency contingency plan submitted by 
        an air carrier for an airport under subsection (a) shall 
        contain a description of how the air carrier will--
                    ``(A) provide food, water that meets the standards 
                of the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.), restroom facilities, cabin ventilation, and 
                access to medical treatment for passengers onboard an 
                aircraft at the airport that is on the ground for an 
                extended period of time without access to the terminal;
                    ``(B) allow passengers to deplane following 
                excessive delays; and
                    ``(C) share facilities and make gates available at 
                the airport in an emergency.
    ``(d) Airport Plans.--An emergency contingency plan submitted by an 
airport operator under subsection (a) shall contain--
            ``(1) a description of how the airport operator, to the 
        maximum extent practicable, will provide for the deplanement of 
        passengers following excessive delays and will provide for the 
        sharing of facilities and make gates available at the airport 
        in an emergency; and
            ``(2) in the case of an airport that is used by an air 
        carrier or foreign air carrier for flights in foreign air 
        transportation, a description of how the airport operator will 
        provide for use of the airport's terminal, to the maximum 
        extent practicable, for the processing of passengers arriving 
        at the airport on such a flight in the case of an excessive 
        tarmac delay.
    ``(e) Updates.--
            ``(1) Air carriers.--An air carrier shall update the 
        emergency contingency plan submitted by the air carrier under 
        subsection (a) every 3 years and submit the update to the 
        Secretary for review and approval.
            ``(2) Airports.--An airport operator shall update the 
        emergency contingency plan submitted by the airport operator 
        under subsection (a) every 5 years and submit the update to the 
        Secretary for review and approval.
    ``(f) Approval.--
            ``(1) In general.--Not later than 9 months after the date 
        of enactment of this section, the Secretary shall review and 
        approve or require modifications to emergency contingency plans 
        submitted under subsection (a) and updates submitted under 
        subsection (e) to ensure that the plans and updates will 
        effectively address emergencies and provide for the health and 
        safety of passengers.
            ``(2) Civil penalties.--The Secretary may assess a civil 
        penalty under section 46301 against an air carrier or airport 
        that does not adhere to an emergency contingency plan approved 
        under this subsection.
    ``(g) Minimum Standards.--The Secretary may establish, as necessary 
or desirable, minimum standards for elements in an emergency 
contingency plan required to be submitted under this section.
    ``(h) Public Access.--An air carrier or airport required to submit 
emergency contingency plans under this section shall ensure public 
access to such plan after its approval under this section on the 
Internet website of the carrier or airport or by such other means as 
determined by the Secretary.
``Sec. 42302. Consumer complaints
    ``(a) Consumer Complaints Hotline Telephone Number.--The Secretary 
of Transportation shall establish a consumer complaints hotline 
telephone number for the use of passengers in air transportation.
    ``(b) Public Notice.--The Secretary shall notify the public of the 
telephone number established under subsection (a).
    ``(c) Notice to Passengers of Air Carriers.--An air carrier 
providing scheduled air transportation using aircraft with 30 or more 
seats shall include on the Internet Web site of the carrier and on any 
ticket confirmation and boarding pass issued by the air carrier--
            ``(1) the hotline telephone number established under 
        subsection (a);
            ``(2) the email address, telephone number, and mailing 
        address of the air carrier; and
            ``(3) the email address, telephone number, and mailing 
        address of the Aviation Consumer Protection Division of the 
        Department of Transportation for the submission of reports by 
        passengers about air travel service problems.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section. 
Such sums shall remain available until expended.
``Sec. 42303. Use of insecticides in passenger aircraft
    ``(a) Information to Be Provided on the Internet.--The Secretary of 
Transportation shall establish, and make available to the general 
public, an Internet Web site that contains a listing of countries that 
may require an air carrier or foreign air carrier to treat an aircraft 
passenger cabin with insecticides prior to a flight in foreign air 
transportation to that country or to apply an aerosol insecticide in an 
aircraft cabin used for such a flight when the cabin is occupied with 
passengers.
    ``(b) Required Disclosures.--An air carrier, foreign air carrier, 
or ticket agent selling, in the United States, a ticket for a flight in 
foreign air transportation to a country listed on the Internet Web site 
established under subsection (a) shall--
            ``(1) disclose, on its own Internet Web site or through 
        other means, that the destination country may require the air 
        carrier or foreign air carrier to treat an aircraft passenger 
        cabin with insecticides prior to the flight or to apply an 
        aerosol insecticide in an aircraft cabin used for such a flight 
        when the cabin is occupied with passengers; and
            ``(2) refer the purchaser of the ticket to the Internet Web 
        site established under subsection (a) for additional 
        information.
``Sec. 42304. Notification of flight status by text message or email
    ``Not later than 180 days after the date of enactment of this 
section, the Secretary of Transportation shall issue regulations to 
require that each air carrier that has at least 1 percent of total 
domestic scheduled-service passenger revenue provide each passenger of 
the carrier--
            ``(1) an option to receive a text message or email or any 
        other comparable electronic service, subject to any fees 
        applicable under the contract of the passenger for the 
        electronic service, from the air carrier a notification of any 
        change in the status of the flight of the passenger whenever 
        the flight status is changed before the boarding process for 
        the flight commences; and
            ``(2) the notification if the passenger requests the 
        notification.''.
    (b) Clerical Amendment.--The analysis for subtitle VII is amended 
by inserting after the item relating to chapter 421 the following:

``423. Air Passenger Service Improvements...................   42301''.
    (c) Penalties.--Section 46301 is amended in subsections (a)(1)(A) 
and (c)(1)(A) by inserting ``chapter 423,'' after ``chapter 421,''.
    (d) Applicability of Requirements.--Except as otherwise 
specifically provided, the requirements of chapter 423 of title 49, 
United States Code, as added by this section, shall begin to apply 60 
days after the date of enactment of this Act.

SEC. 408. CONTENTS OF COMPETITION PLANS.

    Section 47106(f)(2) is amended--
            (1) by striking ``patterns of air service,'';
            (2) by inserting ``and'' before ``whether''; and
            (3) by striking ``, and airfare levels'' and all that 
        follows before the period.

SEC. 409. EXTENSION OF COMPETITIVE ACCESS REPORTS.

    Section 47107(s)(3) is amended by striking ``October 1, 2009'' and 
inserting ``September 30, 2012''.

SEC. 410. CONTRACT TOWER PROGRAM.

    (a) Cost-Benefit Requirement.--Section 47124(b) is amended--
            (1) by striking ``(1) The Secretary'' and inserting the 
        following:
            ``(1) Contract tower program.--
                    ``(A) Continuation and extension.--The Secretary'';
            (2) by adding at the end of paragraph (1) the following:
                    ``(B) Special rule.--If the Secretary determines 
                that a tower already operating under the program 
                continued under this paragraph has a benefit to cost 
                ratio of less than 1.0, the airport sponsor or State or 
                local government having jurisdiction over the airport 
                shall not be required to pay the portion of the costs 
                that exceeds the benefit for a period of 18 months 
                after such determination is made.
                    ``(C) Use of excess funds.--If the Secretary finds 
                that all or part of an amount made available to carry 
                out the program continued under this paragraph is not 
                required during a fiscal year, the Secretary may use, 
                during such fiscal year, the amount not so required to 
                carry out the program established under paragraph 
                (3).''; and
            (3) by striking ``(2) The Secretary'' and inserting the 
        following:
            ``(2) General authority.--The Secretary''.
            (1) Section 47124(b)(3)(E) is amended to read as follows:
                    ``(E) Funding.--Of the amounts appropriated 
                pursuant to section 106(k), not more than $9,500,000 
                for fiscal year 2010, $10,000,000 for fiscal year 2011, 
                and $10,000,000 for fiscal year 2012 may be used to 
                carry out this paragraph.''.
            (2) Use of excess funds.--Section 47124(b)(3) is amended--
                    (A) by redesignating subparagraph (E) (as amended 
                by paragraph (1) of this subsection) as subparagraph 
                (F); and
                    (B) by inserting after subparagraph (D) the 
                following:
                    ``(E) Use of excess funds.--If the Secretary finds 
                that all or part of an amount made available under this 
                subparagraph is not required during a fiscal year to 
                carry out this paragraph, the Secretary may use, during 
                such fiscal year, the amount not so required to carry 
                out the program continued under paragraph (1).''.
    (c) Federal Share.--Section 47124(b)(4)(C) is amended by striking 
``$1,500,000'' and inserting ``$2,000,000''.
    (d) Safety Audits.--Section 47124 is amended by adding at the end 
the following:
    ``(c) Safety Audits.--The Secretary shall establish uniform 
standards and requirements for safety assessments of air traffic 
control towers that receive funding under this section.''.

SEC. 411. AIRFARES FOR MEMBERS OF THE ARMED FORCES.

    (a) Findings.--Congress finds that--
            (1) the Armed Forces is comprised of approximately 
        1,400,000 members who are stationed on active duty at more than 
        6,000 military bases in 146 different countries;
            (2) the United States is indebted to the members of the 
        Armed Forces, many of whom are in grave danger due to their 
        engagement in, or exposure to, combat;
            (3) military service, especially in the current war against 
        terrorism, often requires members of the Armed Forces to be 
        separated from their families on short notice, for long periods 
        of time, and under very stressful conditions;
            (4) the unique demands of military service often preclude 
        members of the Armed Forces from purchasing discounted advance 
        airline tickets in order to visit their loved ones at home and 
        require members of the Armed Forces to travel with heavy bags; 
        and
            (5) it is the patriotic duty of the people of the United 
        States to support the members of the Armed Forces who are 
        defending the Nation's interests around the world at great 
        personal sacrifice.
    (b) Sense of Congress.--It is the sense of Congress that each 
United States air carrier should--
            (1) establish for all members of the Armed Forces on active 
        duty reduced air fares that are comparable to the lowest 
        airfare for ticketed flights; and
            (2) offer flexible terms that allow members of the Armed 
        Forces on active duty to purchase, modify, or cancel tickets 
        without time restrictions, fees, and penalties and waive 
        baggage fees for a minimum of 3 bags.

SEC. 412. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM.

    (a) Repeal.--Section 41747 of title 49, United States Code, and the 
item relating to such section in the analysis for chapter 417 of such 
title, are repealed.
    (b) Applicability.--Title 49, United States Code, shall be applied 
as if section 41747 of such title had not been enacted.

SEC. 413. ADJUSTMENT TO SUBSIDY CAP TO REFLECT INCREASED FUEL COSTS.

    (a) In General.--The $200 per passenger subsidy cap initially 
established by Public Law 103-122 (107 Stat. 1198; 1201) and made 
permanent by section 332 of Public Law 106-69 (113 Stat. 1022) shall be 
increased by an amount necessary to account for the increase, if any, 
in the cost of aviation fuel in the 24 months preceding the date of 
enactment of this Act, as determined by the Secretary.
    (b) Adjustment of Cap.--Not later than 60 days after the date of 
enactment of this Act, the Secretary shall publish in the Federal 
Register the increased subsidy cap as an interim final rule, pursuant 
to which public comment will be sought and a final rule issued.
    (c) Limitation on Eligibility.--A community that has been 
determined, pursuant to a final order issued by the Department of 
Transportation before the date of enactment of this Act, to be 
ineligible for subsidized air service under subchapter II of chapter 
417 of title 49, United States Code, shall not be eligible for the 
increased subsidy cap established pursuant to this section.

SEC. 414. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY FOR 
              SUBSIDIZED ESSENTIAL AIR SERVICE.

    Section 41733 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Notice to Communities Prior to Termination of Eligibility.--
            ``(1) In general.--The Secretary shall notify each 
        community receiving basic essential air service for which 
        compensation is being paid under this subchapter on or before 
        the 45th day before issuing any final decision to end the 
        payment of such compensation due to a determination by the 
        Secretary that providing such service requires a rate of 
        subsidy per passenger in excess of the subsidy cap.
            ``(2) Procedures to avoid termination.--The Secretary shall 
        establish, by order, procedures by which each community 
        notified of an impending loss of subsidy under paragraph (1) 
        may work directly with an air carrier to ensure that the air 
        carrier is able to submit a proposal to the Secretary to 
        provide essential air service to such community for an amount 
        of compensation that would not exceed the subsidy cap.
            ``(3) Assistance provided.--The Secretary shall provide, by 
        order, to each community notified under paragraph (1) 
        information regarding--
                    ``(A) the procedures established pursuant to 
                paragraph (2); and
                    ``(B) the maximum amount of compensation that could 
                be provided under this subchapter to an air carrier 
                serving such community that would comply with the 
                subsidy cap.
            ``(4) Subsidy cap defined.--In this subsection, the term 
        `subsidy cap' means the subsidy cap established by section 332 
        of Public Law 106-69, including any increase to that subsidy 
        cap established by the Secretary pursuant to the FAA 
        Reauthorization Act of 2009.''.

SEC. 415. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED BY THE 
              SECRETARY TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR 
              SERVICE.

    Section 41733 (as amended by section 413 of this Act) is further 
amended by adding at the end the following:
    ``(g) Proposals of State and Local Governments To Restore 
Eligibility.--
            ``(1) In general.--If the Secretary, after the date of 
        enactment of this subsection, ends payment of compensation to 
        an air carrier for providing basic essential air service to an 
        eligible place because the Secretary has determined that 
        providing such service requires a rate of subsidy per passenger 
        in excess of the subsidy cap (as defined in subsection (f)), a 
        State or local government may submit to the Secretary a 
        proposal for restoring compensation for such service. Such 
        proposal shall be a joint proposal of the State or local 
        government and an air carrier.
            ``(2) Determination by secretary.--If a State or local 
        government submits to the Secretary a proposal under paragraph 
        (1) with respect to an eligible place, and the Secretary 
        determines that--
                    ``(A) the rate of subsidy per passenger under the 
                proposal does not exceed the subsidy cap (as defined in 
                subsection (f)); and
                    ``(B) the proposal is consistent with the legal and 
                regulatory requirements of the essential air service 
                program,
        the Secretary shall issue an order restoring the eligibility of 
        the otherwise eligible place to receive basic essential air 
        service by an air carrier for compensation under subsection 
        (c).''.

SEC. 416. OFFICE OF RURAL AVIATION.

    (a) In General.--Subchapter II of chapter 417 is amended by adding 
at the end the following:
``Sec. 41749. Office of Rural Aviation
    ``(a) Establishment.--The Secretary of Transportation shall 
establish within the Department of Transportation an office to be known 
as the `Office of Rural Aviation' (in this section referred to as the 
`Office').
    ``(b) Functions.--The Office shall--
            ``(1) monitor the status of air service to small 
        communities;
            ``(2) develop proposals to improve air service to small 
        communities; and
            ``(3) carry out such other functions as the Secretary 
        considers appropriate.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
417 is amended by adding at the end the following:

``41749. Office of Rural Aviation.''.

SEC. 417. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED 
              COSTS.

    (a) Emergency Across-the-Board Adjustment.--Subject to the 
availability of funds, the Secretary may increase the rates of 
compensation payable to air carriers under subchapter II of chapter 417 
of title 49, United States Code, to compensate such carriers for 
increased aviation fuel costs, without regard to any agreement or 
requirement relating to the renegotiation of contracts or any notice 
requirement under section 41734 of such title.
    (b) Expedited Process for Adjustments to Individual Contracts.--
            (1) In general.--Section 41734(d) of title 49, United 
        States Code, is amended by striking ``continue to pay'' and all 
        that follows through ``compensation sufficient--'' and 
        inserting ``provide the carrier with compensation sufficient--
        ''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to compensation to air carriers for air service 
        provided after the 30th day following the date of enactment of 
        this Act.

SEC. 418. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, AND 
              ASSOCIATED CAUSES.

    (a) Review.--The Inspector General of the Department of 
Transportation shall conduct a review regarding air carrier flight 
delays, cancellations, and associated causes to update its 2000 report 
numbered CR-2000-112 and entitled ``Audit of Air Carrier Flight Delays 
and Cancellations''.
    (b) Assessments.--In conducting the review under subsection (a), 
the Inspector General shall assess--
            (1) the need for an update on delay and cancellation 
        statistics, such as number of chronically delayed flights and 
        taxi-in and taxi-out times;
            (2) air carriers' scheduling practices;
            (3) the need for a re-examination of capacity benchmarks at 
        the Nation's busiest airports;
            (4) the impact of flight delays and cancellations on air 
        travelers, including recommendations for programs that could be 
        implemented to address the impact of flight delays on air 
        travelers; and
            (5) the effect that limited air carrier service options on 
        routes have on the frequency of delays and cancellations on 
        such routes.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Inspector General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the review conducted under this section, 
including the assessments described in subsection (b).

SEC. 419. EUROPEAN UNION RULES FOR PASSENGER RIGHTS.

    (a) In General.--The Comptroller General shall conduct a study to 
evaluate and compare the regulations of the European Union and the 
United States on compensation and other consideration offered to 
passengers who are denied boarding or whose flights are cancelled or 
delayed.
    (b) Specific Study Requirements.--The study shall include an 
evaluation and comparison of the regulations based on costs to the air 
carriers, preferences of passengers for compensation or other 
consideration, and forms of compensation. In conducting the study, the 
Comptroller General shall also take into account the differences in 
structure and size of the aviation systems of the European Union and 
the United States.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit a report to Congress on 
the results of the study.

SEC. 420. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER 
              PROTECTION.

    (a) In General.--The Secretary of Transportation shall establish an 
advisory committee for aviation consumer protection (in this section 
referred to as the ``advisory committee'') to advise the Secretary in 
carrying out air passenger service improvements, including those 
required by chapter 423 of title 49, United States Code.
    (b) Membership.--The Secretary shall appoint 8 members to the 
advisory committee as follows:
            (1) Two representatives of air carriers required to submit 
        emergency contingency plans pursuant to section 42301 of title 
        49, United States Code.
            (2) Two representatives of the airport operators required 
        to submit emergency contingency plans pursuant to section 42301 
        of such title.
            (3) Two representatives of State and local governments who 
        have expertise in aviation consumer protection matters.
            (4) Two representatives of nonprofit public interest groups 
        who have expertise in aviation consumer protection matters.
    (c) Vacancies.--A vacancy in the advisory committee shall be filled 
in the manner in which the original appointment was made.
    (d) Travel Expenses.--Members of the advisory committee shall serve 
without pay but shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with subchapter I of chapter 57 of 
title 5, United States Code.
    (e) Chairperson.--The Secretary shall designate, from among the 
individuals appointed under subsection (b), an individual to serve as 
chairperson of the advisory committee.
    (f) Duties.--The duties of the advisory committee shall include the 
following:
            (1) Evaluating existing aviation consumer protection 
        programs and providing recommendations for the improvement of 
        such programs, if needed.
            (2) Providing recommendations to establish additional 
        aviation consumer protection programs, if needed.
    (g) Report.--Not later than February 1 of each year beginning after 
the date of enactment of this Act, the Secretary shall transmit to 
Congress a report containing--
            (1) each recommendation made by the advisory committee 
        during the preceding calendar year; and
            (2) an explanation of how the Secretary has implemented 
        each recommendation and, for each recommendation not 
        implemented, the Secretary's reason for not implementing the 
        recommendation.

SEC. 421. DENIED BOARDING COMPENSATION.

    Not later than May 19, 2010, and every 2 years thereafter, the 
Secretary shall evaluate the amount provided for denied boarding 
compensation and issue a regulation to adjust such compensation as 
necessary.

SEC. 422. COMPENSATION FOR DELAYED BAGGAGE.

    (a) Study.--The Comptroller General shall conduct a study to--
            (1) examine delays in the delivery of checked baggage to 
        passengers of air carriers; and
            (2) make recommendations for establishing minimum standards 
        to compensate a passenger in the case of an unreasonable delay 
        in the delivery of checked baggage.
    (b) Consideration.--In conducting the study, the Comptroller 
General shall take into account the additional fees for checked baggage 
that are imposed by many air carriers and how the additional fees 
should improve an air carrier's baggage performance.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General shall transmit to Congress a report 
on the results of the study.

SEC. 423. SCHEDULE REDUCTION.

    (a) In General.--If the Administrator of the Federal Aviation 
Administration determines that: (1) the aircraft operations of air 
carriers during any hour at an airport exceeds the hourly maximum 
departure and arrival rate established by the Administrator for such 
operations; and (2) the operations in excess of the maximum departure 
and arrival rate for such hour at such airport are likely to have a 
significant adverse effect on the national or regional airspace system, 
the Administrator shall convene a conference of such carriers to reduce 
pursuant to section 41722, on a voluntary basis, the number of such 
operations to less than such maximum departure and arrival rate.
    (b) No Agreement.--If the air carriers participating in a 
conference with respect to an airport under subsection (a) are not able 
to agree to a reduction in the number of flights to and from the 
airport to less than the maximum departure and arrival rate, the 
Administrator shall take such action as is necessary to ensure such 
reduction is implemented.
    (c) Quarterly Reports.--Beginning 3 months after the date of 
enactment of this Act and every 3 months thereafter, the Administrator 
shall submit to Congress a report regarding scheduling at the 35 
airports that have the greatest number of passenger enplanements, 
including each occurrence in which hourly scheduled aircraft operations 
of air carriers at such an airport exceed the hourly maximum departure 
and arrival rate at any such airport.

SEC. 424. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary of Transportation shall investigate consumer complaints 
regarding--
            (1) flight cancellations;
            (2) compliance with Federal regulations concerning 
        overbooking seats on flights;
            (3) lost, damaged, or delayed baggage, and difficulties 
        with related airline claims procedures;
            (4) problems in obtaining refunds for unused or lost 
        tickets or fare adjustments;
            (5) incorrect or incomplete information about fares, 
        discount fare conditions and availability, overcharges, and 
        fare increases;
            (6) the rights of passengers who hold frequent flier miles 
        or equivalent redeemable awards earned through customer-loyalty 
        programs; and
            (7) deceptive or misleading advertising.
    (b) Budget Needs Report.--The Secretary shall provide, as an annex 
to its annual budget request, an estimate of resources which would have 
been sufficient to investigate all such claims the Department of 
Transportation received in the previous fiscal year. The annex shall be 
transmitted to Congress when the President submits the budget of the 
United States to the Congress under section 1105 of title 31, United 
States Code.

SEC. 425. PROHIBITIONS AGAINST VOICE COMMUNICATIONS USING MOBILE 
              COMMUNICATIONS DEVICES ON SCHEDULED FLIGHTS.

    (a) In General.--Subchapter I of chapter 417 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 41724. Prohibitions against voice communications using mobile 
              communications devices on scheduled flights
    ``(a) Interstate and Intrastate Air Transportation.--
            ``(1) In general.--An individual may not engage in voice 
        communications using a mobile communications device in an 
        aircraft during a flight in scheduled passenger interstate air 
        transportation or scheduled passenger intrastate air 
        transportation.
            ``(2) Exceptions.--The prohibition described in paragraph 
        (1) shall not apply to--
                    ``(A) a member of the flight crew or flight 
                attendants on an aircraft; or
                    ``(B) a Federal law enforcement officer acting in 
                an official capacity.
    ``(b) Foreign Air Transportation.--
            ``(1) In general.--The Secretary of Transportation shall 
        require all air carriers and foreign air carriers to adopt the 
        prohibition described in subsection (a) with respect to the 
        operation of an aircraft in scheduled passenger foreign air 
        transportation.
            ``(2) Alternate prohibition.--If a foreign government 
        objects to the application of paragraph (1) on the basis that 
        paragraph (1) provides for an extraterritorial application of 
        the laws of the United States, the Secretary may waive the 
        application of paragraph (1) to a foreign air carrier licensed 
        by that foreign government until such time as an alternative 
        prohibition on voice communications using a mobile 
        communications device during flight is negotiated by the 
        Secretary with such foreign government through bilateral 
        negotiations.
    ``(c) Definitions.--In this section, the following definitions 
apply:
            ``(1) Flight.--The term `flight' means the period beginning 
        when an aircraft takes off and ending when an aircraft lands.
            ``(2) Voice communications using a mobile communications 
        device.--
                    ``(A) Inclusions.--The term `voice communications 
                using a mobile communications device' includes voice 
                communications using--
                            ``(i) a commercial mobile radio service or 
                        other wireless communications device;
                            ``(ii) a broadband wireless device or other 
                        wireless device that transmits data packets 
                        using the Internet Protocol or comparable 
                        technical standard; or
                            ``(iii) a device having voice override 
                        capability.
                    ``(B) Exclusion.--Such term does not include voice 
                communications using a phone installed on an aircraft.
    ``(d) Safety Regulations.--This section shall not be construed to 
affect the authority of the Secretary to impose limitations on voice 
communications using a mobile communications device for safety reasons.
    ``(e) Regulations.--The Secretary shall prescribe such regulations 
as are necessary to carry out this section.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

``41724. Prohibitions against voice communications using mobile 
                            communications devices on scheduled 
                            flights.''.

SEC. 426. ANTITRUST EXEMPTIONS.

    (a) Study.--The Comptroller General shall conduct a study of the 
legal requirements and policies followed by the Department in deciding 
whether to approve international alliances under section 41309 of title 
49, United States Code, and grant exemptions from the antitrust laws 
under section 41308 of such title in connection with such international 
alliances.
    (b) Issues to Be Considered.--In conducting the study under 
subsection (a), the Comptroller General, at a minimum, shall examine 
the following:
            (1) Whether granting exemptions from the antitrust laws in 
        connection with international alliances has resulted in public 
        benefits, including an analysis of whether such benefits could 
        have been achieved by international alliances not receiving 
        exemptions from the antitrust laws.
            (2) Whether granting exemptions from the antitrust laws in 
        connection with international alliances has resulted in reduced 
        competition, increased prices in markets, or other adverse 
        effects.
            (3) Whether international alliances that have been granted 
        exemptions from the antitrust laws have implemented pricing or 
        other practices with respect to the hub airports at which the 
        alliances operate that have resulted in increased costs for 
        consumers or foreclosed competition by rival (nonalliance) air 
        carriers at such airports.
            (4) Whether increased network size resulting from 
        additional international alliance members will adversely affect 
        competition between international alliances.
            (5) The areas in which immunized international alliances 
        compete and whether there is sufficient competition among 
        immunized international alliances to ensure that consumers will 
        receive benefits of at least the same magnitude as those that 
        consumers would receive if there were no immunized 
        international alliances.
            (6) The minimum number of international alliances that is 
        necessary to ensure robust competition and benefits to 
        consumers on major international routes.
            (7) Whether the different regulatory and antitrust 
        responsibilities of the Secretary and the Attorney General with 
        respect to international alliances have created any significant 
        conflicting agency recommendations, such as the conditions 
        imposed in granting exemptions from the antitrust laws.
            (8) Whether, from an antitrust standpoint, requests for 
        exemptions from the antitrust laws in connection with 
        international alliances should be treated as mergers, and 
        therefore be exclusively subject to a traditional merger 
        analysis by the Attorney General and be subject to advance 
        notification requirements and a confidential review process 
        similar to those required under section 7A of the Clayton Act 
        (15 U.S.C. 18a).
            (9) Whether the Secretary should amend, modify, or revoke 
        any exemption from the antitrust laws granted by the Secretary 
        in connection with an international alliance.
            (10) The effect of international alliances on the number 
        and quality of jobs for United States air carrier flight crew 
        employees, including the share of alliance flying done by those 
        employees.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit to the Secretary of 
Transportation, the Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the results of the study 
under subsection (a), including any recommendations of the Comptroller 
General as to whether there should be changes in the authority of the 
Secretary under title 49, United States Code, or policy changes that 
the Secretary can implement administratively, with respect to approving 
international alliances and granting exemptions from the antitrust laws 
in connection with such international alliances.
    (d) Adoption of Recommended Policy Changes.--Not later than one 
year after the date of receipt of the report under subsection (c), and 
after providing notice and an opportunity for public comment, the 
Secretary shall issue a written determination as to whether the 
Secretary will adopt the policy changes, if any, recommended by the 
Comptroller General in the report or make any other policy changes with 
respect to approving international alliances and granting exemptions 
from the antitrust laws in connection with such international 
alliances.
    (e) Sunset Provision.--
            (1) In general.--An exemption from the antitrust laws 
        granted by the Secretary on or before the last day of the 3-
        year period beginning on the date of enactment of this Act in 
        connection with an international alliance, including an 
        exemption granted before the date of enactment of this Act, 
        shall cease to be effective after such last day unless the 
        exemption is renewed by the Secretary.
            (2) Timing for renewals.--The Secretary may not renew an 
        exemption under paragraph (1) before the date on which the 
        Secretary issues a written determination under subsection (d).
            (3) Standards for renewals.--The Secretary shall make a 
        decision on whether to renew an exemption under paragraph (1) 
        based on the policies of the Department in effect after the 
        Secretary issues a written determination under subsection (d).
    (f) Definitions.--In this section, the following definitions apply:
            (1) Exemption from the antitrust laws.--The term 
        ``exemption from the antitrust laws'' means an exemption from 
        the antitrust laws granted by the Secretary under section 41308 
        of title 49, United States Code.
            (2) Immunized international alliance.--The term ``immunized 
        international alliance'' means an international alliance for 
        which the Secretary has granted an exemption from the antitrust 
        laws.
            (3) International alliance.--The term ``international 
        alliance'' means a cooperative agreement between an air carrier 
        and a foreign air carrier to provide foreign air transportation 
        subject to approval or disapproval by the Secretary under 
        section 41309 of title 49, United States Code.
            (4) Department.--The term ``Department'' means the 
        Department of Transportation.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 427. MUSICAL INSTRUMENTS.

     (a) In General.--Subchapter I of chapter 417 (as amended by this 
Act) is further amended by adding at the end the following:
``Sec. 41725. Musical instruments
    ``(a) In General.--
            ``(1) Instruments in the passenger compartment.--An air 
        carrier providing air transportation shall permit a passenger 
        to carry a musical instrument in the aircraft passenger 
        compartment in a closet, baggage, or cargo stowage compartment 
        approved by the Administrator without charge if--
                    ``(A) the instrument can be stowed in accordance 
                with the requirements for carriage of carry-on baggage 
                or cargo set forth by the Administrator of the Federal 
                Aviation Administration; and
                    ``(B) there is space for such stowage on the 
                aircraft.
            ``(2) Large instruments in the passenger compartment.--An 
        air carrier providing air transportation shall permit a 
        passenger to carry a musical instrument in the aircraft 
        passenger compartment that is too large to be secured in a 
        closet, baggage, or cargo stowage compartment approved by the 
        Administrator, if--
                    ``(A) the instrument can be stowed in a seat, in 
                accordance with the requirements for carriage of carry-
                on baggage or cargo set forth by the Administrator for 
                such stowage; and
                    ``(B) the passenger wishing to carry the instrument 
                in the aircraft cabin has purchased a seat to 
                accommodate the instrument.
            ``(3) Instruments as checked baggage.--An air carrier shall 
        transport as baggage a musical instrument that is the property 
        of a passenger on a flight and that may not be carried in the 
        aircraft passenger compartment if--
                    ``(A) the sum of the length, width, and height 
                measured in inches of the outside linear dimensions of 
                the instrument (including the case) does not exceed 150 
                inches and the size restrictions for that aircraft;
                    ``(B) the weight of the instrument does not exceed 
                165 pounds and the weight restrictions for that 
                aircraft; and
                    ``(C) the instrument can be stowed in accordance 
                with the requirements for carriage of baggage or cargo 
                set forth by the Administrator for such stowage.
            ``(4) Air carrier terms.--Nothing in this section shall be 
        construed as prohibiting an air carrier from limiting its 
        liability for carrying a musical instrument or requiring a 
        passenger to purchase insurance to cover the value of a musical 
        instrument transported by the air carrier.
    ``(b) Regulations.--The Secretary may prescribe such regulations as 
may be necessary or appropriate to implement subsection (a).''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

``41725. Musical instruments.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 30 days after the date of enactment of this Act.

          TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PROGRAM.

    Section 40128 is amended--
            (1) in subsection (a)(1)(C) by inserting ``or voluntary 
        agreement under subsection (b)(7)'' before ``for the park'';
            (2) in subsection (a) by adding at the end the following:
            ``(5) Exemption.--
                    ``(A) In general.--Notwithstanding paragraph (1), a 
                national park that has 50 or fewer commercial air tour 
                flights a year shall be exempt from the requirements of 
                this section, except as provided in subparagraph (B).
                    ``(B) Withdrawal of exemption.--If the Director 
                determines that an air tour management plan or 
                voluntary agreement is necessary to protect park 
                resources and values or park visitor use and enjoyment, 
                the Director shall withdraw the exemption of a park 
                under subparagraph (A).
                    ``(C) List of parks.--The Director shall inform the 
                Administrator, in writing, of each determination under 
                subparagraph (B). The Director and Administrator shall 
                publish an annual list of national parks that are 
                covered by the exemption provided by this paragraph.
                    ``(D) Annual report.--A commercial air tour 
                operator conducting commercial air tours in a national 
                park that is exempt from the requirements of this 
                section shall submit to the Administrator and the 
                Director an annual report regarding the number of 
                commercial air tour flights it conducts each year in 
                such park.'';
            (3) in subsection (b) by adding at the end the following:
            ``(7) Voluntary agreements.--
                    ``(A) In general.--As an alternative to an air tour 
                management plan, the Director and the Administrator may 
                enter into a voluntary agreement with a commercial air 
                tour operator (including a new entrant applicant and an 
                operator that has interim operating authority) that has 
                applied to conduct air tour operations over a national 
                park to manage commercial air tour operations over such 
                national park.
                    ``(B) Park protection.--A voluntary agreement under 
                this paragraph with respect to commercial air tour 
                operations over a national park shall address the 
                management issues necessary to protect the resources of 
                such park and visitor use of such park without 
                compromising aviation safety or the air traffic control 
                system and may--
                            ``(i) include provisions such as those 
                        described in subparagraphs (B) through (E) of 
                        paragraph (3);
                            ``(ii) include provisions to ensure the 
                        stability of, and compliance with, the 
                        voluntary agreement; and
                            ``(iii) provide for fees for such 
                        operations.
                    ``(C) Public.--The Director and the Administrator 
                shall provide an opportunity for public review of a 
                proposed voluntary agreement under this paragraph and 
                shall consult with any Indian tribe whose tribal lands 
                are, or may be, flown over by a commercial air tour 
                operator under a voluntary agreement under this 
                paragraph. After such opportunity for public review and 
                consultation, the voluntary agreement may be 
                implemented without further administrative or 
                environmental process beyond that described in this 
                subsection.
                    ``(D) Termination.--A voluntary agreement under 
                this paragraph may be terminated at any time at the 
                discretion of the Director or the Administrator if the 
                Director determines that the agreement is not 
                adequately protecting park resources or visitor 
                experiences or the Administrator determines that the 
                agreement is adversely affecting aviation safety or the 
                national aviation system. If a voluntary agreement for 
                a national park is terminated, the operators shall 
                conform to the requirements for interim operating 
                authority under subsection (c) until an air tour 
                management plan for the park is in effect.'';
            (4) in subsection (c) by striking paragraph (2)(I) and 
        inserting the following:
                    ``(I) may allow for modifications of the interim 
                operating authority without further environmental 
                review beyond that described in this section if--
                            ``(i) adequate information regarding the 
                        operator's existing and proposed operations 
                        under the interim operating authority is 
                        provided to the Administrator and the Director;
                            ``(ii) the Administrator determines that 
                        there would be no adverse impact on aviation 
                        safety or the air traffic control system; and
                            ``(iii) the Director agrees with the 
                        modification, based on the Director's 
                        professional expertise regarding the protection 
                        of the park resources and values and visitor 
                        use and enjoyment.'';
            (5) in subsection (c)(3)(A) by striking ``if the 
        Administrator determines'' and all that follows through the 
        period at the end and inserting ``without further environmental 
        process beyond that described in this paragraph if--
                            ``(i) adequate information on the 
                        operator's proposed operations is provided to 
                        the Administrator and the Director by the 
                        operator making the request;
                            ``(ii) the Administrator agrees that there 
                        would be no adverse impact on aviation safety 
                        or the air traffic control system; and
                            ``(iii) the Director agrees, based on the 
                        Director's professional expertise regarding the 
                        protection of park resources and values and 
                        visitor use and enjoyment.'';
            (6) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively; and
            (7) by inserting after subsection (c) the following:
    ``(d) Commercial Air Tour Operator Reports.--
            ``(1) Report.--Each commercial air tour operator providing 
        a commercial air tour over a national park under interim 
        operating authority granted under subsection (c) or in 
        accordance with an air tour management plan under subsection 
        (b) shall submit a report to the Administrator and Director 
        regarding the number of its commercial air tour operations over 
        each national park and such other information as the 
        Administrator and Director may request in order to facilitate 
        administering the provisions of this section.
            ``(2) Report submission.--Not later than 3 months after the 
        date of enactment of the FAA Reauthorization Act of 2009, the 
        Administrator and Director shall jointly issue an initial 
        request for reports under this subsection. The reports shall be 
        submitted to the Administrator and Director on a frequency and 
        in a format prescribed by the Administrator and Director.''.

SEC. 502. STATE BLOCK GRANT PROGRAM.

    (a) General Requirements.--Section 47128(a) is amended--
            (1) in the first sentence by striking ``prescribe 
        regulations'' and inserting ``issue guidance''; and
            (2) in the second sentence by striking ``regulations'' and 
        inserting ``guidance''.
    (b) Applications and Selection.--Section 47128(b)(4) is amended by 
inserting before the semicolon the following: ``, including the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
State and local environmental policy acts, Executive orders, agency 
regulations and guidance, and other Federal environmental 
requirements''.
    (c) Environmental Analysis and Coordination Requirements.--Section 
47128 is amended by adding at the end the following:
    ``(d) Environmental Analysis and Coordination Requirements.--A 
Federal agency, other than the Federal Aviation Administration, that is 
responsible for issuing an approval, license, or permit to ensure 
compliance with a Federal environmental requirement applicable to a 
project or activity to be carried out by a State using amounts from a 
block grant made under this section shall--
            ``(1) coordinate and consult with the State;
            ``(2) use the environmental analysis prepared by the State 
        for the project or activity if such analysis is adequate; and
            ``(3) supplement such analysis, as necessary, to meet 
        applicable Federal requirements.''.

SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.

    Section 47173(a) is amended by striking ``services of consultants 
in order to'' and all that follows through the period at the end and 
inserting ``services of consultants--
            ``(1) to facilitate the timely processing, review, and 
        completion of environmental activities associated with an 
        airport development project;
            ``(2) to conduct special environmental studies related to 
        an airport project funded with Federal funds;
            ``(3) to conduct special studies or reviews to support 
        approved noise compatibility measures described in part 150 of 
        title 14, Code of Federal Regulations; or
            ``(4) to conduct special studies or reviews to support 
        environmental mitigation in a record of decision or finding of 
        no significant impact by the Federal Aviation 
        Administration.''.

SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES.

    Section 47504 is amended by adding at the end the following:
    ``(e) Grants for Assessment of Flight Procedures.--
            ``(1) In general.--In accordance with subsection (c)(1), 
        the Secretary may make a grant to an airport operator to assist 
        in completing environmental review and assessment activities 
        for proposals to implement flight procedures at such airport 
        that have been approved as part of an airport noise 
        compatibility program under subsection (b).
            ``(2) Additional staff.--The Administrator may accept funds 
        from an airport operator, including funds provided to the 
        operator under paragraph (1), to hire additional staff or 
        obtain the services of consultants in order to facilitate the 
        timely processing, review, and completion of environmental 
        activities associated with proposals to implement flight 
        procedures at such airport that have been approved as part of 
        an airport noise compatibility program under subsection (b).
            ``(3) Receipts credited as offsetting collections.--
        Notwithstanding section 3302 of title 31, any funds accepted 
        under this section--
                    ``(A) shall be credited as offsetting collections 
                to the account that finances the activities and 
                services for which the funds are accepted;
                    ``(B) shall be available for expenditure only to 
                pay the costs of activities and services for which the 
                funds are accepted; and
                    ``(C) shall remain available until expended.''.

SEC. 505. DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL PROPERTIES.

    Section 47504 (as amended by this Act) is further amended by adding 
at the end the following:
    ``(g) Determination of Fair Market Value of Residential 
Properties.--In approving a project to acquire residential real 
property using financial assistance made available under this section 
or chapter 471, the Secretary shall ensure that the appraisal of the 
property to be acquired disregards any decrease or increase in the fair 
market value of the real property caused by the project for which the 
property is to be acquired, or by the likelihood that the property 
would be acquired for the project, other than that due to physical 
deterioration within the reasonable control of the owner.''.

SEC. 506. SOUNDPROOFING OF RESIDENCES.

    (a) Soundproofing and Acquisition of Certain Residential Buildings 
and Properties.--Section 47504(c)(2)(D) is amended to read as follows:
            ``(D) to an airport operator and unit of local government 
        referred to in paragraph (1)(A) or (1)(B) to soundproof--
                    ``(i) a building in the noise impact area 
                surrounding the airport that is used primarily for 
                educational or medical purposes and that the Secretary 
                decides is adversely affected by airport noise; and
                    ``(ii) residential buildings located on residential 
                properties in the noise impact area surrounding the 
                airport that the Secretary decides is adversely 
                affected by airport noise, if--
                            ``(I) the residential properties are within 
                        airport noise contours prepared by the airport 
                        owner or operator using the Secretary's 
                        methodology and guidance, and the noise 
                        contours have been found acceptable by the 
                        Secretary;
                            ``(II) the residential properties cannot be 
                        removed from airport noise contours for at 
                        least a 5-year period by changes in airport 
                        configuration or flight procedures;
                            ``(III) the land use jurisdiction has 
                        taken, or will take, appropriate action, 
                        including the adoption of zoning laws, to the 
                        extent reasonable to restrict the use of land 
                        to uses that are compatible with normal airport 
                        operations; and
                            ``(IV) the Secretary determines that the 
                        project is compatible with the purposes of this 
                        chapter; and''
    (b) Requirements Applicable to Certain Grants.--Section 44705 (as 
amended by this Act) is further amended by adding at the end the 
following:
    ``(f) Requirements Applicable to Certain Grants.--
            ``(1) Establishment of criteria.--Before awarding a grant 
        under subsection (c)(2)(D), the Secretary shall establish 
        criteria to determine which residences in the 65 DNL area 
        suffer the greatest noise impact.
            ``(2) Analysis from comptroller general.--Prior to making a 
        final decision on the criteria required by paragraph (1), the 
        Secretary shall develop proposed criteria and obtain an 
        analysis from the Comptroller General as to the reasonableness 
        and validity of the criteria.
            ``(3) Priority.--If the Secretary determines that the 
        grants likely to be awarded under subsection (c)(2)(D) in 
        fiscal years 2010 though 2012 will not be sufficient to 
        soundproof all residences in the 65 DNL area, the Secretary 
        shall first award grants to soundproof those residences 
        suffering the greatest noise impact under the criteria 
        established under paragraph (1).''.

SEC. 507. CLEEN RESEARCH, DEVELOPMENT, AND IMPLEMENTATION PARTNERSHIP.

    (a) Cooperative Agreement.--Subchapter I of chapter 475 is amended 
by adding at the end the following:
``Sec. 47511. CLEEN research, development, and implementation 
              partnership
    ``(a) In General.--The Administrator of the Federal Aviation 
Administration, in coordination with the Administrator of the National 
Aeronautics and Space Administration, shall enter into a cooperative 
agreement, using a competitive process, with an institution, entity, or 
consortium to carry out a program for the development, maturing, and 
certification of CLEEN engine and airframe technology for aircraft over 
the next 10 years.
    ``(b) CLEEN Engine and Airframe Technology Defined.--In this 
section, the term `CLEEN engine and airframe technology' means 
continuous lower energy, emissions, and noise engine and airframe 
technology.
    ``(c) Performance Objective.--The Administrator of the Federal 
Aviation Administration, in coordination with the Administrator of the 
National Aeronautics and Space Administration, shall establish the 
following performance objectives for the program, to be achieved by 
September 30, 2016:
            ``(1) Development of certifiable aircraft technology that 
        reduces fuel burn by 33 percent compared to current technology, 
        reducing energy consumption and greenhouse gas emissions.
            ``(2) Development of certifiable engine technology that 
        reduces landing and takeoff cycle nitrogen oxide emissions by 
        60 percent, at a pressure ratio of 30, over the International 
        Civil Aviation Organization standard adopted at the 6th Meeting 
        of the Committee on Aviation Environmental Protection, with 
        commensurate reductions over the full pressure ratio range, 
        while limiting or reducing other gaseous or particle emissions.
            ``(3) Development of certifiable aircraft technology that 
        reduces noise levels by 32 Effective Perceived Noise Level in 
        Decibels cumulative, relative to Stage 4 standards.
            ``(4) Determination of the feasibility of the use of 
        alternative fuels in aircraft systems, including successful 
        demonstration and quantification of the benefits of such fuels.
            ``(5) Determination of the extent to which new engine and 
        aircraft technologies may be used to retrofit or re-engine 
        aircraft to increase the integration of retrofitted and re-
        engined aircraft into the commercial fleet.
    ``(d) Funding.--Of amounts appropriated under section 48102(a), not 
more than the following amounts may be used to carry out this section:
            ``(1) $25,000,000 for fiscal year 2010.
            ``(2) $33,000,000 for fiscal year 2011.
            ``(3) $50,000,000 for fiscal year 2012.
    ``(e) Report.--Beginning in fiscal year 2010, the Administrator of 
the Federal Aviation Administration shall publish an annual report on 
the program established under this section until completion of the 
program.''.
    (b) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

``47511. CLEEN research, development, and implementation 
                            partnership.''.

SEC. 508. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 75,000 
              POUNDS OR LESS NOT COMPLYING WITH STAGE 3 NOISE LEVELS.

    (a) In General.--Subchapter II of chapter 475 is amended by adding 
at the end the following:
``Sec. 47534. Prohibition on operating certain aircraft weighing 75,000 
              pounds or less not complying with stage 3 noise levels
    ``(a) Prohibition.--Except as provided in subsection (b), (c), or 
(d), after December 31, 2013, a person may not operate a civil subsonic 
jet airplane with a maximum weight of 75,000 pounds or less, and for 
which an airworthiness certificate (other than an experimental 
certificate) has been issued, to or from an airport in the United 
States unless the Secretary of Transportation finds that the aircraft 
complies with stage 3 noise levels.
    ``(b) Exception.--Subsection (a) shall not apply to aircraft 
operated only outside the 48 contiguous States.
    ``(c) Exceptions.--The Secretary may allow temporary operation of 
an airplane otherwise prohibited from operation under subsection (a) to 
or from an airport in the contiguous United States by granting a 
special flight authorization for one or more of the following 
circumstances:
            ``(1) To sell, lease, or use the aircraft outside the 48 
        contiguous States.
            ``(2) To scrap the aircraft.
            ``(3) To obtain modifications to the aircraft to meet stage 
        3 noise levels.
            ``(4) To perform scheduled heavy maintenance or significant 
        modifications on the aircraft at a maintenance facility located 
        in the contiguous 48 States.
            ``(5) To deliver the aircraft to an operator leasing the 
        aircraft from the owner or return the aircraft to the lessor.
            ``(6) To prepare, park, or store the aircraft in 
        anticipation of any of the activities described in paragraphs 
        (1) through (5).
            ``(7) To provide transport of persons and goods in the 
        relief of emergency situations.
            ``(8) To divert the aircraft to an alternative air port in 
        the 48 contiguous States on account of weather, mechanical, 
        fuel, air traffic control, or other safety reasons while 
        conducting a flight in order to perform any of the activities 
        described in paragraphs (1) through (7).
    ``(d) Statutory Construction.--Nothing in the section may be 
construed as interfering with, nullifying, or otherwise affecting 
determinations made by the Federal Aviation Administration, or to be 
made by the Administration, with respect to applications under part 161 
of title 14, Code of Federal Regulations, that were pending on the date 
of enactment of this section.''.
    (b) Conforming Amendments.--
            (1) Section 47531 is amended--
                    (A) in the section heading by striking ``for 
                violating sections 47528-47530''; and
                    (B) by striking ``47529, or 47530'' and inserting 
                ``47529, 47530, or 47534''.
            (2) Section 47532 is amended by inserting ``or 47534'' 
        after ``47528-47531''.
            (3) The analysis for chapter 475 is amended--
                    (A) by striking the item relating to section 47531 
                and inserting the following:

``47531. Penalties.'';
                and
                    (B) by inserting after the item relating to section 
                47533 the following:

``47534. Prohibition on operating certain aircraft weighing 75,000 
                            pounds or less not complying with stage 3 
                            noise levels.''.

SEC. 509. ENVIRONMENTAL MITIGATION PILOT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a pilot program to carry out not more than 6 environmental mitigation 
demonstration projects at public-use airports.
    (b) Grants.--In implementing the program, the Secretary may make a 
grant to the sponsor of a public-use airport from funds apportioned 
under section 47117(e)(1)(A) of title 49, United States Code, to carry 
out an environmental mitigation demonstration project to measurably 
reduce or mitigate aviation impacts on noise, air quality, or water 
quality in the vicinity of the airport.
    (c) Eligibility for Passenger Facility Fees.--An environmental 
mitigation demonstration project that receives funds made available 
under this section may be considered an eligible airport-related 
project for purposes of section 40117 of such title.
    (d) Selection Criteria.--In selecting among applicants for 
participation in the program, the Secretary shall give priority 
consideration to applicants proposing to carry out environmental 
mitigation demonstration projects that will--
            (1) achieve the greatest reductions in aircraft noise, 
        airport emissions, or airport water quality impacts either on 
        an absolute basis or on a per dollar of funds expended basis; 
        and
            (2) be implemented by an eligible consortium.
    (e) Federal Share.--Notwithstanding any provision of subchapter I 
of chapter 471 of such title, the United States Government share of 
allowable project costs of an environmental mitigation demonstration 
project carried out under this section shall be 50 percent.
    (f) Maximum Amount.--The Secretary may not make grants for a single 
environmental mitigation demonstration project under this section in a 
total amount that exceeds $2,500,000.
    (g) Publication of Information.--The Secretary may develop and 
publish information on the results of environmental mitigation 
demonstration projects carried out under this section, including 
information identifying best practices for reducing or mitigating 
aviation impacts on noise, air quality, or water quality in the 
vicinity of airports.
    (h) Definitions.--In this section, the following definitions apply:
            (1) Eligible consortium.--The term ``eligible consortium'' 
        means a consortium of 2 or more of the following entities:
                    (A) A business incorporated in the United States.
                    (B) A public or private educational or research 
                organization located in the United States.
                    (C) An entity of a State or local government.
                    (D) A Federal laboratory.
            (2) Environmental mitigation demonstration project.--The 
        term ``environmental mitigation demonstration project'' means a 
        project that--
                    (A) demonstrates at a public-use airport 
                environmental mitigation techniques or technologies 
                with associated benefits, which have already been 
                proven in laboratory demonstrations;
                    (B) utilizes methods for efficient adaptation or 
                integration of innovative concepts to airport 
                operations; and
                    (C) demonstrates whether a technique or technology 
                for environmental mitigation identified in research 
                is--
                            (i) practical to implement at or near 
                        multiple public-use airports; and
                            (ii) capable of reducing noise, airport 
                        emissions, greenhouse gas emissions, or water 
                        quality impacts in measurably significant 
                        amounts.

SEC. 510. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM.

    (a) In General.--The Secretary of Transportation shall carry out a 
pilot program at not more than 5 public-use airports under which the 
Federal Aviation Administration shall use funds made available under 
section 48101(a) to test air traffic flow management tools, 
methodologies, and procedures that will allow air traffic controllers 
of the Administration to better manage the flow of aircraft on the 
ground and reduce the length of ground holds and idling time for 
aircraft.
    (b) Selection Criteria.--In selecting from among airports at which 
to conduct the pilot program, the Secretary shall give priority 
consideration to airports at which improvements in ground control 
efficiencies are likely to achieve the greatest fuel savings or air 
quality or other environmental benefits, as measured by the amount of 
reduced fuel, reduced emissions, or other environmental benefits per 
dollar of funds expended under the pilot program.
    (c) Maximum Amount.--Not more than a total of $5,000,000 may be 
expended under the pilot program at any single public-use airport.
    (d) Report to Congress.--Not later than 3 years after the date of 
the enactment of this section, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing--
            (1) an evaluation of the effectiveness of the pilot 
        program, including an assessment of the tools, methodologies, 
        and procedures that provided the greatest fuel savings and air 
        quality and other environmental benefits, and any impacts on 
        safety, capacity, or efficiency of the air traffic control 
        system or the airports at which affected aircraft were 
        operating;
            (2) an identification of anticipated benefits from 
        implementation of the tools, methodologies, and procedures 
        developed under the pilot program at other airports;
            (3) a plan for implementing the tools, methodologies, and 
        procedures developed under the pilot program at other airports 
        or the Secretary's reasons for not implementing such measures 
        at other airports; and
            (4) such other information as the Secretary considers 
        appropriate.

SEC. 511. HIGH PERFORMANCE AND SUSTAINABLE AIR TRAFFIC CONTROL 
              FACILITIES.

    (a) In General.--The Administrator of the Federal Aviation 
Administration shall implement, to the maximum extent practicable, 
sustainable practices for the incorporation of energy-efficient design, 
equipment, systems, and other measures in the construction and major 
renovation of air traffic control facilities of the Administration in 
order to reduce energy consumption and improve the environmental 
performance of such facilities.
    (b) Authorization.--Of amounts appropriated under section 48101(a) 
of title 49, United States Code, such sums as may be necessary may be 
used to carry out this section.

SEC. 512. REGULATORY RESPONSIBILITY FOR AIRCRAFT ENGINE NOISE AND 
              EMISSIONS STANDARDS.

    (a) Independent Review.--The Administrator of the FAA shall make 
appropriate arrangements for the National Academy of Public 
Administration or another qualified independent entity to review, in 
consultation with the FAA and the EPA, whether it is desirable to 
locate the regulatory responsibility for the establishment of engine 
noise and emissions standards for civil aircraft within one of the 
agencies.
    (b) Considerations.--The review shall be conducted so as to take 
into account--
            (1) the interrelationships between aircraft engine noise 
        and emissions;
            (2) the need for aircraft engine noise and emissions to be 
        evaluated and addressed in an integrated and comprehensive 
        manner;
            (3) the scientific expertise of the FAA and the EPA to 
        evaluate aircraft engine emissions and noise impacts on the 
        environment;
            (4) expertise to interface environmental performance with 
        ensuring the highest safe and reliable engine performance of 
        aircraft in flight;
            (5) consistency of the regulatory responsibility with other 
        missions of the FAA and the EPA;
            (6) past effectiveness of the FAA and the EPA in carrying 
        out the aviation environmental responsibilities assigned to the 
        agency; and
            (7) the international responsibility to represent the 
        United States with respect to both engine noise and emissions 
        standards for civil aircraft.
    (c) Report to Congress.--Not later than 6 months after the date of 
enactment of this Act, the Administrator of the FAA shall submit to 
Congress a report on the results of the review. The report shall 
include any recommendations developed as a result of the review and, if 
a transfer of responsibilities is recommended, a description of the 
steps and timeline for implementation of the transfer.
    (d) Definitions.--In this section, the following definitions apply:
            (1) EPA.--The term ``EPA'' means the Environmental 
        Protection Agency.
            (2) FAA.--The term ``FAA'' means the Federal Aviation 
        Administration.

SEC. 513. CABIN AIR QUALITY TECHNOLOGY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall initiate research and development work on 
effective air cleaning and sensor technology for the engine and 
auxiliary power unit for bleed air supplied to the passenger cabin and 
flight deck of a pressurized aircraft.
    (b) Technology Requirements.--The technology should, at a minimum, 
be capable of--
            (1) removing oil-based contaminants from the bleed air 
        supplied to the passenger cabin and flight deck; and
            (2) detecting and recording oil-based contaminants in the 
        bleed air fraction of the total air supplied to the passenger 
        cabin and flight deck.
    (c) Report.--Not later than 3 years after the date of enactment of 
this Act, the Administrator shall transmit to Congress a report on the 
results of the research and development work carried out under this 
section.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 514. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the European Union directive extending the European 
        Union's emissions trading proposal to international civil 
        aviation without working through the International Civil 
        Aviation Organization (in this section referred to as the 
        ``ICAO'') in a consensus-based fashion is inconsistent with the 
        Convention on International Civil Aviation, done at Chicago on 
        December 7, 1944 (TIAS 1591; commonly known as ``Chicago 
        Convention''), and other relevant air services agreements and 
        antithetical to building international cooperation to address 
        effectively the problem of greenhouse gas emissions by aircraft 
        engaged in international civil aviation; and
            (2) the European Union and its member states should instead 
        work with other contracting states of the ICAO to develop a 
        consensual approach to addressing aircraft greenhouse gas 
        emissions through the ICAO.

SEC. 515. AIRPORT NOISE COMPATIBILITY PLANNING STUDY, PORT AUTHORITY OF 
              NEW YORK AND NEW JERSEY.

    It is the sense of the House of Representatives that the Port 
Authority of New York and New Jersey should undertake an airport noise 
compatibility planning study under part 150 of title 14, Code of 
Federal Regulations, for the airports that the Port Authority operates 
as of November 2, 2009. In undertaking the study, the Port Authority 
should pay particular attention to the impact of noise on affected 
neighborhoods, including homes, businesses, and places of worship 
surrounding LaGuardia Airport, Newark Liberty Airport, and JFK Airport.

SEC. 516. GAO STUDY ON COMPLIANCE WITH FAA RECORD OF DECISION.

    (a) Study.--The Comptroller General shall conduct a study to 
determine whether the Federal Aviation Administration and the 
Massachusetts Port Authority are complying with the requirements of the 
Federal Aviation Administration's record of decision dated August 2, 
2002.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report on the results of the study.

SEC. 517. WESTCHESTER COUNTY AIRPORT, NEW YORK.

    (a) Rulemaking.--The Administrator of the Federal Aviation 
Administration shall conduct a rulemaking proceeding to determine 
whether Westchester County Airport should be authorized to limit 
aircraft operations between the hours of 12 a.m. and 6:30 a.m.
    (b) Deadlines.--The Administrator shall--
            (1) not later than 180 days after the date of enactment of 
        this Act, issue a notice of proposed rulemaking under 
        subsection (a); and
            (2) not later than 16 months after the close of the comment 
        period on the proposed rule, issue a final rule.

SEC. 518. AVIATION NOISE COMPLAINTS.

    (a) Telephone Number Posting.--Not later than 3 months after the 
date of enactment of this Act, each owner or operator of a large hub 
airport (as defined in section 40102(a) of title 49, United States 
Code) shall publish on an Internet Web site of the airport a telephone 
number to receive aviation noise complaints related to the airport.
    (b) Summaries and Reports.--Not later than one year after the last 
day of the 3-month period referred to in subsection (a), and annually 
thereafter, an owner or operator that receives one or more noise 
complaints under subsection (a) shall submit to the Administrator of 
the Federal Aviation Administration a report regarding the number of 
complaints received and a summary regarding the nature of such 
complaints. The Administrator shall make such information available to 
the public by print and electronic means.

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

    (a) Dispute Resolution.--Section 40122(a) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Dispute resolution.--
                    ``(A) Mediation.--If the Administrator does not 
                reach an agreement under paragraph (1) or the 
                provisions referred to in subsection (g)(2)(C) with the 
                exclusive bargaining representative of the employees, 
                the Administrator and the bargaining representative--
                            ``(i) shall use the services of the Federal 
                        Mediation and Conciliation Service to attempt 
                        to reach such agreement in accordance with part 
                        1425 of title 29, Code of Federal Regulations 
                        (as in effect on the date of enactment of the 
                        FAA Reauthorization Act of 2009); or
                            ``(ii) may by mutual agreement adopt 
                        alternative procedures for the resolution of 
                        disputes or impasses arising in the negotiation 
                        of the collective-bargaining agreement.
                    ``(B) Binding arbitration.--
                            ``(i) Assistance from federal service 
                        impasses panel.--If the services of the Federal 
                        Mediation and Conciliation Service under 
                        subparagraph (A)(i) do not lead to an 
                        agreement, the Administrator and the exclusive 
                        bargaining representative of the employees (in 
                        this subparagraph referred to as the `parties') 
                        shall submit their issues in controversy to the 
                        Federal Service Impasses Panel. The Panel shall 
                        assist the parties in resolving the impasse by 
                        asserting jurisdiction and ordering binding 
                        arbitration by a private arbitration board 
                        consisting of 3 members.
                            ``(ii) Appointment of arbitration board.--
                        The Executive Director of the Panel shall 
                        provide for the appointment of the 3 members of 
                        a private arbitration board under clause (i) by 
                        requesting the Director of the Federal 
                        Mediation and Conciliation Service to prepare a 
                        list of not less than 15 names of arbitrators 
                        with Federal sector experience and by providing 
                        the list to the parties. Within 10 days of 
                        receiving the list, the parties shall each 
                        select one person from the list. The 2 
                        arbitrators selected by the parties shall then 
                        select a third person from the list within 7 
                        days. If either of the parties fails to select 
                        a person or if the 2 arbitrators are unable to 
                        agree on the third person within 7 days, the 
                        parties shall make the selection by alternately 
                        striking names on the list until one arbitrator 
                        remains.
                            ``(iii) Framing issues in controversy.--If 
                        the parties do not agree on the framing of the 
                        issues to be submitted for arbitration, the 
                        arbitration board shall frame the issues.
                            ``(iv) Hearings.--The arbitration board 
                        shall give the parties a full and fair hearing, 
                        including an opportunity to present evidence in 
                        support of their claims and an opportunity to 
                        present their case in person, by counsel, or by 
                        other representative as they may elect.
                            ``(v) Decisions.--The arbitration board 
                        shall render its decision within 90 days after 
                        the date of its appointment. Decisions of the 
                        arbitration board shall be conclusive and 
                        binding upon the parties.
                            ``(vi) Costs.--The parties shall share 
                        costs of the arbitration equally.
            ``(3) Ratification of agreements.--Upon reaching a 
        voluntary agreement or at the conclusion of the binding 
        arbitration under paragraph (2)(B), the final agreement, except 
        for those matters decided by an arbitration board, shall be 
        subject to ratification by the exclusive bargaining 
        representative of the employees, if so requested by the 
        bargaining representative, and approval by the head of the 
        agency in accordance with the provisions referred to in 
        subsection (g)(2)(C).
            ``(4) Enforcement.--
                    ``(A) Enforcement actions in united states 
                courts.--Each United States district court and each 
                United States court of a place subject to the 
                jurisdiction of the United States shall have 
                jurisdiction of enforcement actions brought under this 
                section. Such an action may be brought in any judicial 
                district in the State in which the violation of this 
                section is alleged to have been committed, the judicial 
                district in which the Federal Aviation Administration 
                has its principal office, or the District of Columbia.
                    ``(B) Attorney fees.--The court may assess against 
                the Federal Aviation Administration reasonable attorney 
                fees and other litigation costs reasonably incurred in 
                any case under this section in which the complainant 
                has substantially prevailed.''.
    (b) Application.--On and after the date of enactment of this Act, 
any changes implemented by the Administrator of the Federal Aviation 
Administration on and after July 10, 2005, under section 40122(a) of 
title 49, United States Code (as in effect on the day before such date 
of enactment), without the agreement of the exclusive bargaining 
representative of the employees of the Administration certified under 
section 7111 of title 5, United States Code, shall be null and void and 
the parties shall be governed by their last mutual agreement before the 
implementation of such changes. The Administrator and the bargaining 
representative shall resume negotiations promptly, and, subject to 
subsection (c), their last mutual agreement shall be in effect until a 
new contract is adopted by the Administrator and the bargaining 
representative. If an agreement is not reached within 45 days after the 
date on which negotiations resume, the Administrator and the bargaining 
representative shall submit their issues in controversy to the Federal 
Service Impasses Panel in accordance with section 7119 of title 5, 
United States Code, for binding arbitration in accordance with 
paragraphs (2)(B), (3), and (4) of section 40122(a) of title 49, United 
States Code (as amended by subsection (a) of this section).
    (c) Savings Clause.--All cost of living adjustments and other pay 
increases, lump sum payments to employees, and leave and other benefit 
accruals implemented as part of the changes referred to in subsection 
(b) may not be reversed unless such reversal is part of the calculation 
of back pay under subsection (d). The Administrator shall waive any 
overpayment paid to, and not collect any funds for such overpayment, 
from former employees of the Administration who received lump sum 
payments prior to their separation from the Administration.
    (d) Back Pay.--
            (1) In general.--Employees subject to changes referred to 
        in subsection (b) that are determined to be null and void under 
        subsection (b) shall be eligible for pay that the employees 
        would have received under the last mutual agreement between the 
        Administrator and the exclusive bargaining representative of 
        such employees before the date of enactment of this Act and any 
        changes were implemented without agreement of the bargaining 
        representative. The Administrator shall pay the employees such 
        pay subject to the availability of amounts appropriated to 
        carry out this subsection. If the appropriated funds do not 
        cover all claims of the employees for such pay, the 
        Administrator and the bargaining representative, pursuant to 
        negotiations conducted in accordance with section 40122(a) of 
        title 49, United States Code (as amended by subsection (a) of 
        this section), shall determine the allocation of the 
        appropriated funds among the employees on a pro rata basis.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated $20,000,000 to carry out this subsection.
    (e) Interim Agreement.--If the Administrator and the exclusive 
bargaining representative of the employees subject to the changes 
referred to in subsection (b) reach a final and binding agreement with 
respect to such changes before the date of enactment of this Act, such 
agreement shall supersede any changes implemented by the Administrator 
under section 40122(a) of title 49, United States Code (as in effect on 
the day before such date of enactment), without the agreement of the 
bargaining representative, and subsections (b) and (c) shall not take 
effect.

SEC. 602. MERIT SYSTEM PRINCIPLES AND PROHIBITED PERSONNEL PRACTICES.

    Section 40122(g)(2)(A) is amended to read as follows:
                    ``(A) sections 2301 and 2302, relating to merit 
                system principles and prohibited personnel practices, 
                including the provisions for investigation and 
                enforcement as provided in chapter 12 of title 5;''.

SEC. 603. APPLICABILITY OF BACK PAY REQUIREMENTS.

    (a) Applicability of Back Pay Requirements.--Section 40122(g)(2) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(I) section 5596, relating to back pay.''.
    (b) Applicability.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to--
                    (A) all proceedings pending on, or commenced after, 
                the date of enactment of this Act in which an employee 
                of the Federal Aviation Administration is seeking 
                relief under section 5596 of title 5, United States 
                Code, that was available as of March 31, 1996; and
                    (B) subject to paragraph (2), personnel actions of 
                the Federal Aviation Administration under section 5596 
                of such title occurring before the date of enactment of 
                this Act.
            (2) Special rule.--The authority of the Merit Systems 
        Protection Board to provide a remedy under section 5596 of such 
        title, with respect to a personnel action of the Federal 
        Aviation Administration occurring before the date of enactment 
        of this Act, shall be limited to cases in which--
                    (A) the Board, before such date of enactment, found 
                that the Federal Aviation Administration committed an 
                unjustified or unwarranted personnel action but ruled 
                that the Board did not have the authority to provide a 
                remedy for the personnel action under section 5596 of 
                such title; and
                    (B) a petition for review is filed with the clerk 
                of the Board not later than 6 months after such date of 
                enactment.

SEC. 604. FAA TECHNICAL TRAINING AND STAFFING.

    (a) Study.--
            (1) In general.--The Comptroller General shall conduct a 
        study on the training of the airway transportation systems 
        specialists of the Federal Aviation Administration (in this 
        section referred to as ``FAA systems specialists'').
            (2) Contents.--The study shall--
                    (A) include an analysis of the type of training 
                provided to FAA systems specialists;
                    (B) include an analysis of the type of training 
                that FAA systems specialists need to be proficient on 
                the maintenance of latest technologies;
                    (C) include a description of actions that the 
                Administration has undertaken to ensure that FAA 
                systems specialists receive up-to-date training on the 
                latest technologies;
                    (D) identify the amount and cost of FAA systems 
                specialists training provided by vendors;
                    (E) identify the amount and cost of FAA systems 
                specialists training provided by the Administration 
                after developing courses for the training of such 
                specialists;
                    (F) identify the amount and cost of travel that is 
                required of FAA systems specialists in receiving 
                training; and
                    (G) include a recommendation regarding the most 
                cost-effective approach to providing FAA systems 
                specialists training.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        study.
    (b) Workload of Systems Specialists.--
            (1) Study by national academy of sciences.--Not later than 
        90 days after the date of enactment of this Act, the 
        Administrator of the Federal Aviation Administration shall make 
        appropriate arrangements for the National Academy of Sciences 
        to conduct a study of the assumptions and methods used by the 
        Federal Aviation Administration to estimate staffing needs for 
        FAA systems specialists to ensure proper maintenance and 
        certification of the national airspace system.
            (2) Contents.--The study shall be conducted so as to 
        provide the following:
                    (A) A suggested method of modifying FAA systems 
                specialists staffing models for application to current 
                local conditions or applying some other approach to 
                developing an objective staffing standard.
                    (B) The approximate cost and length of time for 
                developing such models.
            (3) Consultation.--In conducting the study, the National 
        Academy of Sciences shall consult with the exclusive bargaining 
        representative of employees of the Federal Aviation 
        Administration certified under section 7111 of title 5, United 
        States Code, and the Administrator of the Federal Aviation 
        Administration.
            (4) Report.--Not later than one year after the initiation 
        of the arrangements under subsection (a), the National Academy 
        of Sciences shall submit to Congress a report on the results of 
        the study.

SEC. 605. DESIGNEE PROGRAM.

    (a) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the status of recommendations made by the Government 
Accountability Office in its October 2004 report, ``Aviation Safety: 
FAA Needs to Strengthen Management of Its Designee Programs'' (GAO-05-
40).
    (b) Contents.--The report shall include--
            (1) an assessment of the extent to which the Federal 
        Aviation Administration has responded to recommendations of the 
        Government Accountability Office referred to in subsection (a);
            (2) an identification of improvements, if any, that have 
        been made to the designee programs referred to in the report of 
        the Office as a result of such recommendations;
            (3) an identification of further action that is needed to 
        implement such recommendations, improve the Administration's 
        management control of the designee programs, and increase 
        assurance that designees meet the Administration's performance 
        standards; and
            (4) an assessment of the Administration's organizational 
        delegation and designee programs and a determination as to 
        whether the Administration has sufficient monitoring and 
        surveillance programs in place to properly oversee these 
        programs.

SEC. 606. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.

    (a) In General.--Not later than October 31, 2009, the Administrator 
of the Federal Aviation Administration shall develop a staffing model 
for aviation safety inspectors. In developing the model, the 
Administrator shall follow the recommendations outlined in the 2007 
study released by the National Academy of Sciences entitled ``Staffing 
Standards for Aviation Safety Inspectors'' and consult with interested 
persons, including the exclusive collective bargaining representative 
of the aviation safety inspectors.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 607. SAFETY CRITICAL STAFFING.

    (a) Safety Inspectors.--The Administrator of the Federal Aviation 
Administration shall increase the number of safety critical positions 
in the Flight Standards Service and Aircraft Certification Service for 
a fiscal year commensurate with the funding levels provided in 
subsection (b) for the fiscal year. Such increases shall be measured 
relative to the number of persons serving in safety critical positions 
as of September 30, 2008.
    (b) Authorization of Appropriations.--In addition to amounts 
authorized by section 106(k) of title 49, United States Code, there is 
authorized to be appropriated to carry out subsection (a)--
            (1) $45,000,000 for fiscal year 2010;
            (2) $138,000,000 for fiscal year 2011; and
            (3) $235,000,000 for fiscal year 2012.
Such sums shall remain available until expended.
    (c) Implementation of Staffing Standards.--Notwithstanding any 
other provision of this section, upon completion of the flight 
standards service staffing model under section 605 of this Act, and 
validation of the model by the Administrator, there are authorized to 
be appropriated such sums as may be necessary to support the number of 
aviation safety inspectors, safety technical specialists, and operation 
support positions that such model determines are required to meet the 
responsibilities of the Flight Standards Service.
    (d) Safety Critical Positions Defined.--In this section, the term 
``safety critical positions'' means--
            (1) aviation safety inspectors, safety technical 
        specialists, and operations support positions in the Flight 
        Standards Service (as such terms are used in the 
        Administration's fiscal year 2009 congressional budget 
        justification); and
            (2) manufacturing safety inspectors, pilots, engineers, 
        Chief Scientist Technical Advisors, safety technical 
        specialists, and operational support positions in the Aircraft 
        Certification Service (as such terms are used in the 
        Administration's fiscal year 2009 congressional budget 
        justification).

SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFFING.

    (a) Study by National Academy of Sciences.--Not later than 90 days 
after the date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall enter into appropriate 
arrangements with the National Academy of Sciences to conduct a study 
of the assumptions and methods used by the Federal Aviation 
Administration (in this section referred to as the ``FAA'') to estimate 
staffing needs for FAA air traffic controllers to ensure the safe 
operation of the national airspace system.
    (b) Consultation.--In conducting the study, the National Academy of 
Sciences shall consult with the exclusive bargaining representative of 
employees of the FAA certified under section 7111 of title 5, United 
States Code, the Administrator of the Federal Aviation Administration, 
and representatives of the Civil Aeronautical Medical Institute.
    (c) Contents.--The study shall include an examination of 
representative information on human factors, traffic activity, and the 
technology and equipment used in air traffic control.
    (d) Recommendations and Estimates.--In conducting the study, the 
National Academy of Sciences shall develop--
            (1) recommendations for the development by the FAA of 
        objective staffing standards to maintain the safety and 
        efficiency of the national airspace system with current and 
        future projected air traffic levels; and
            (2) estimates of cost and schedule for the development of 
        such standards by the FAA or its contractors.
    (e) Report.--Not later than 18 months after the date of enactment 
of this Act, the National Academy of Sciences shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the study.

SEC. 609. ASSESSMENT OF TRAINING PROGRAMS FOR AIR TRAFFIC CONTROLLERS.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall conduct a study to assess the adequacy of training 
programs for air traffic controllers.
    (b) Contents.--The study shall include--
            (1) a review of the current training system for air traffic 
        controllers;
            (2) an analysis of the competencies required of air traffic 
        controllers for successful performance in the current air 
        traffic control environment;
            (3) an analysis of competencies required of air traffic 
        controllers as the Federal Aviation Administration transitions 
        to the Next Generation Air Transportation System; and
            (4) an analysis of various training approaches available to 
        satisfy the controller competencies identified under paragraphs 
        (2) and (3).
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study.

SEC. 610. COLLEGIATE TRAINING INITIATIVE STUDY.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall conduct a study on training options for graduates 
of the Collegiate Training Initiative program conducted under section 
44506(c) of title 49 United States Code. The study shall analyze the 
impact of providing as an alternative to the current training provided 
at the Mike Monroney Aeronautical Center of the Administration a new 
controller orientation session for graduates of such programs at the 
Mike Monroney Aeronautical Center followed by on-the-job training for 
newly hired air traffic controllers who are graduates of such program 
and shall include--
            (1) the cost effectiveness of such an alternative training 
        approach; and
            (2) the effect that such an alternative training approach 
        would have on the overall quality of training received by 
        graduates of such programs.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
to the Committee on Commerce, Science, and Transportation of the Senate 
a report on the results of the study.

SEC. 611. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY CONDITIONS.

    (a) Establishment.--The Administrator of the Federal Aviation 
Administration shall establish a special task force to be known as the 
``FAA Task Force on Air Traffic Control Facility Conditions'' (in this 
section referred to as the ``Task Force'').
    (b) Membership.--
            (1) Composition.--The Task Force shall be composed of 12 
        members of whom--
                    (A) 8 members shall be appointed by the 
                Administrator; and
                    (B) 4 members shall be appointed by labor unions 
                representing employees who work at field facilities of 
                the Administration.
            (2) Qualifications.--Of the members appointed by the 
        Administrator under paragraph (1)(A)--
                    (A) 4 members shall be specialists on toxic mold 
                abatement, ``sick building syndrome,'' and other 
                hazardous building conditions that can lead to employee 
                health concerns and shall be appointed by the 
                Administrator in consultation with the Director of the 
                National Institute for Occupational Safety and Health; 
                and
                    (B) 2 members shall be specialists on the 
                rehabilitation of aging buildings.
            (3) Terms.--Members shall be appointed for the life of the 
        Task Force.
            (4) Vacancies.--A vacancy in the Task Force shall be filled 
        in the manner in which the original appointment was made.
            (5) Travel expenses.--Members shall serve without pay but 
        shall receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with subchapter I of chapter 57 of 
        title 5, United States Code.
    (c) Chairperson.--The Administrator shall designate, from among the 
individuals appointed under subsection (b)(1), an individual to serve 
as chairperson of the Task Force.
    (d) Task Force Personnel Matters.--
            (1) Staff.--The Task Force may appoint and fix the pay of 
        such personnel as it considers appropriate.
            (2) Staff of federal agencies.--Upon request of the 
        Chairperson of the Task Force, the head of any department or 
        agency of the United States may detail, on a reimbursable 
        basis, any of the personnel of that department or agency to the 
        Task Force to assist it in carrying out its duties under this 
        section.
            (3) Other staff and support.--Upon request of the Task 
        Force or a panel of the Task Force, the Administrator shall 
        provide the Task Force or panel with professional and 
        administrative staff and other support, on a reimbursable 
        basis, to the Task Force to assist it in carrying out its 
        duties under this section.
    (e) Obtaining Official Data.--The Task Force may secure directly 
from any department or agency of the United States information (other 
than information required by any statute of the United States to be 
kept confidential by such department or agency) necessary for the Task 
Force to carry out its duties under this section. Upon request of the 
chairperson of the Task Force, the head of that department or agency 
shall furnish such information to the Task Force.
    (f) Duties.--
            (1) Study.--The Task Force shall undertake a study of--
                    (A) the conditions of all air traffic control 
                facilities across the Nation, including towers, 
                centers, and terminal radar air control;
                    (B) reports from employees of the Administration 
                relating to respiratory ailments and other health 
                conditions resulting from exposure to mold, asbestos, 
                poor air quality, radiation and facility-related 
                hazards in facilities of the Administration;
                    (C) conditions of such facilities that could 
                interfere with such employees' ability to effectively 
                and safely perform their duties;
                    (D) the ability of managers and supervisors of such 
                employees to promptly document and seek remediation for 
                unsafe facility conditions;
                    (E) whether employees of the Administration who 
                report facility-related illnesses are treated fairly;
                    (F) utilization of scientifically approved 
                remediation techniques in a timely fashion once 
                hazardous conditions are identified in a facility of 
                the Administration; and
                    (G) resources allocated to facility maintenance and 
                renovation by the Administration.
            (2) Facility condition indicies (fci).--The Task Force 
        shall review the facility condition indicies of the 
        Administration (in this section referred to as the ``FCI'') for 
        inclusion in the recommendations under subsection (g).
    (g) Recommendations.--Based on the results of the study and review 
of the FCI under subsection (f), the Task Force shall make 
recommendations as it considers necessary to--
            (1) prioritize those facilities needing the most immediate 
        attention in order of the greatest risk to employee health and 
        safety;
            (2) ensure that the Administration is using scientifically 
        approved remediation techniques in all facilities; and
            (3) assist the Administration in making programmatic 
        changes so that aging air traffic control facilities do not 
        deteriorate to unsafe levels.
    (h) Report.--Not later than 6 months after the date on which 
initial appointments of members to the Task Force are completed, the 
Task Force shall submit to the Administrator, the Committee on 
Transportation and Infrastructure of the House of Representatives, and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the activities of the Task Force, including the 
recommendations of the Task Force under subsection (g).
    (i) Implementation.--Within 30 days of the receipt of the Task 
Force report under subsection (h), the Administrator shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that includes a plan and timeline 
to implement the recommendations of the Task Force and to align future 
budgets and priorities of the Administration accordingly.
    (j) Termination.--The Task Force shall terminate on the last day of 
the 30-day period beginning on the date on which the report under 
subsection (h) was submitted.
    (k) Applicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Task Force.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $250,000 to carry out 
this section.

                     TITLE VII--AVIATION INSURANCE

SEC. 701. GENERAL AUTHORITY.

    (a) Extension of Policies.--Section 44302(f)(1) is amended--
            (1) by striking ``September 30, 2009'' and inserting 
        ``September 30, 2012''; and
            (2) by striking ``December 31, 2009'' and inserting 
        ``December 31, 2019''.
    (b) Successor Program.--Section 44302(f) is amended by adding at 
the end the following:
            ``(3) Successor program.--
                    ``(A) In general.--After December 31, 2019, 
                coverage for the risks specified in a policy that has 
                been extended under paragraph (1) shall be provided in 
                an airline industry sponsored risk retention or other 
                risk-sharing arrangement approved by the Secretary.
                    ``(B) Transfer of premiums.--
                            ``(i) In general.--On December 31, 2019, 
                        and except as provided in clause (ii), premiums 
                        that are collected by the Secretary from the 
                        airline industry after September 22, 2001, for 
                        any policy under this subsection, and interest 
                        earned thereon, as determined by the Secretary, 
                        shall be transferred to an airline industry 
                        sponsored risk retention or other risk-sharing 
                        arrangement approved by the Secretary.
                            ``(ii) Determination of amount 
                        transferred.--The amount transferred pursuant 
                        to clause (i) shall be less--
                                    ``(I) the amount of any claims paid 
                                out on such policies from September 22, 
                                2001, through December 31, 2019;
                                    ``(II) the amount of any claims 
                                pending under such policies as of 
                                December 31, 2019; and
                                    ``(III) the cost, as determined by 
                                the Secretary, of administering the 
                                provision of insurance policies under 
                                this chapter from September 22, 2001, 
                                through December 31, 2019.''.

SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD PARTY LIABILITY OF AIR 
              CARRIERS ARISING OUT OF ACTS OF TERRORISM.

    Section 44303(b) is amended by striking ``December 31, 2009'' and 
inserting ``December 31, 2012''.

SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.

    Section 44304 is amended in the second sentence by striking ``the 
carrier'' and inserting ``any insurance carrier''.

SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.

    Section 44308(c)(1) is amended in the second sentence by striking 
``agent'' and inserting ``agent, or a claims adjuster who is 
independent of the underwriting agent,''.

SEC. 705. EXTENSION OF PROGRAM AUTHORITY.

    Section 44310 is amended by striking ``December 31, 2013'' and 
inserting ``December 31, 2019''.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. AIR CARRIER CITIZENSHIP.

    Section 40102(a)(15) is amended by adding at the end the following:
        ``For purposes of subparagraph (C), an air carrier shall not be 
        deemed to be under the actual control of citizens of the United 
        States unless citizens of the United States control all matters 
        pertaining to the business and structure of the air carrier, 
        including operational matters such as marketing, branding, 
        fleet composition, route selection, pricing, and labor 
        relations.''.

SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST OF 
              NATIONAL SECURITY.

    Section 40119(b) is amended by adding at the end the following:
            ``(3) Limitation on applicability of freedom of information 
        act.--Section 552a of title 5, United States Code, shall not 
        apply to disclosures that the Administrator of the Federal 
        Aviation Administration may make from the systems of records of 
        the Administration to any Federal law enforcement, 
        intelligence, protective service, immigration, or national 
        security official in order to assist the official receiving the 
        information in the performance of official duties.''.

SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS AND DATABASE SYSTEMS.

    (a) In General.--Chapter 401 is amended by adding at the end the 
following:
``Sec. 40130. FAA access to criminal history records or databases 
              systems
    ``(a) Access to Records or Databases Systems.--
            ``(1) Access to information.--Notwithstanding section 534 
        of title 28, and regulations issued to implement such section, 
        the Administrator of the Federal Aviation Administration may 
        access a system of documented criminal justice information 
        maintained by the Department of Justice or by a State but may 
        do so only for the purpose of carrying out civil and 
        administrative responsibilities of the Administration to 
        protect the safety and security of the national airspace system 
        or to support the missions of the Department of Justice, the 
        Department of Homeland Security, and other law enforcement 
        agencies.
            ``(2) Release of information.--In accessing a system 
        referred to in paragraph (1), the Administrator shall be 
        subject to the same conditions and procedures established by 
        the Department of Justice or the State for other governmental 
        agencies with access to the system.
            ``(3) Limitation.--The Administrator may not use the access 
        authorized under paragraph (1) to conduct criminal 
        investigations.
    ``(b) Designated Employees.--The Administrator shall designate, by 
order, employees of the Administration who shall carry out the 
authority described in subsection (a). The designated employees may--
            ``(1) have access to and receive criminal history, driver, 
        vehicle, and other law enforcement information contained in the 
        law enforcement databases of the Department of Justice, or any 
        jurisdiction of a State, in the same manner as a police officer 
        employed by a State or local authority of that State who is 
        certified or commissioned under the laws of that State;
            ``(2) use any radio, data link, or warning system of the 
        Federal Government, and of any jurisdiction in a State, that 
        provides information about wanted persons, be-on-the-lookout 
        notices, warrant status, or other officer safety information to 
        which a police officer employed by a State or local authority 
        in that State who is certified or commission under the laws of 
        that State has access and in the same manner as such police 
        officer; or
            ``(3) receive Federal, State, or local government 
        communications with a police officer employed by a State or 
        local authority in that State in the same manner as a police 
        officer employed by a State or local authority in that State 
        who is commissioned under the laws of that State.
    ``(c) System of Documented Criminal Justice Information Defined.--
In this section, the term `system of documented criminal justice 
information' means any law enforcement database, system, or 
communication containing information concerning identification, 
criminal history, arrests, convictions, arrest warrants, wanted or 
missing persons, including the National Crime Information Center and 
its incorporated criminal history databases and the National Law 
Enforcement Telecommunications System.''.
    (b) Clerical Amendment.--The analysis for chapter 401 is amended by 
adding at the end the following:

``40130. FAA access to criminal history records or databases 
                            systems.''.

SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

    (a) In General.--Section 47129 is amended--
            (1) in the section heading by striking ``air carrier'' and 
        inserting ``carrier'';
            (2) in subsection (a) by striking ``(as defined in section 
        40102 of this title)'' and inserting ``(as such terms are 
        defined in section 40102)'';
            (3) in the heading for subsection (d) by striking ``Air 
        Carrier'' and inserting ``Air Carrier and Foreign Air 
        Carrier'';
            (4) in the heading for paragraph (2) of subsection (d) by 
        striking ``air carrier'' and inserting ``air carrier and 
        foreign air carrier'';
            (5) by striking ``air carriers'' each place it appears and 
        inserting ``air carriers or foreign air carriers'';
            (6) by striking ``air carrier'' each place it appears and 
        inserting ``air carrier or foreign air carrier''; and
            (7) by striking ``air carrier's'' each place it appears and 
        inserting ``air carrier's or foreign air carrier's''.
    (b) Clerical Amendment.--The analysis for chapter 471 is amended by 
striking the item relating to section 47129 and inserting the 
following:

``47129. Resolution of airport-carrier disputes concerning airport 
                            fees.''.

SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall initiate a study to 
evaluate the formulation of the National Plan of Integrated Airport 
Systems (in this section referred to as the ``plan'') under section 
47103 of title 49, United States Code.
    (b) Contents of Study.--The study shall include a review of the 
following:
            (1) The criteria used for including airports in the plan 
        and the application of such criteria in the most recently 
        published version of the plan.
            (2) The changes in airport capital needs between fiscal 
        years 2003 and 2008, as reported in the plan, as compared with 
        the amounts apportioned or otherwise made available to 
        individual airports over the same period of time.
            (3) A comparison of the amounts received by airports under 
        the airport improvement program in airport apportionments, 
        State apportionments, and discretionary grants during such 
        fiscal years with capital needs as reported in the plan.
            (4) The effect of transfers of airport apportionments under 
        title 49, United States Code.
            (5) Any other matters pertaining to the plan that the 
        Secretary determines appropriate.
    (c) Report to Congress.--
            (1) Submission.--Not later than 36 months after the date of 
        initiation of the study, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        study.
            (2) Contents.--The report shall include--
                    (A) the findings of the Secretary on each of the 
                subjects listed in subsection (b);
                    (B) recommendations for any changes to policies and 
                procedures for formulating the plan; and
                    (C) recommendations for any changes to the methods 
                of determining the amounts to be apportioned or 
                otherwise made available to individual airports.

SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION.

    (a) In General.--Section 201 of the Railway Labor Act (45 U.S.C. 
181) is amended--
            (1) by striking ``All'' and inserting ``(a) In General.--
        All'';
            (2) by inserting ``and every express carrier'' after 
        ``common carrier by air''; and
            (3) by adding at the end the following:
    ``(b) Special Rules for Express Carriers.--
            ``(1) In general.--An employee of an express carrier shall 
        be covered by this Act only if that employee is in a position 
        that is eligible for certification under part 61, 63, or 65 of 
        title 14, Code of Federal Regulations, and only if that 
        employee performs duties for the express carrier that are 
        eligible for such certification. All other employees of an 
        express carrier shall be covered by the provisions of the 
        National Labor Relations Act (29 U.S.C. 151 et seq.).
            ``(2) Air carrier status.--Any person that is an express 
        carrier shall be governed by paragraph (1) notwithstanding any 
        finding that the person is also a common carrier by air.
            ``(3) Express carrier defined.--In this section, the term 
        `express carrier' means any person (or persons affiliated 
        through common control or ownership) whose primary business is 
        the express shipment of freight or packages through an 
        integrated network of air and surface transportation.''.
    (b) Conforming Amendment.--Section 1 of such Act (45 U.S.C. 151) is 
amended in the first paragraph by striking ``, any express company that 
would have been subject to subtitle IV of title 49, United States Code, 
as of December 31, 1995,''.

SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FACILITIES.

    (a) Establishment of Working Group.--Not later than 9 months after 
the date of enactment of this Act, the Secretary of Transportation 
shall establish within the Federal Aviation Administration (in this 
section referred to as the ``FAA'') a working group to develop criteria 
and make recommendations for the realignment of services and facilities 
(including regional offices) of the FAA to assist in the transition to 
next generation facilities and to help reduce capital, operating, 
maintenance, and administrative costs in instances in which cost 
reductions can be implemented without adversely affecting safety.
    (b) Membership.--The working group shall be composed of--
            (1) the Administrator of the FAA;
            (2) 2 representatives of air carriers;
            (3) 2 representatives of the general aviation community;
            (4) 2 representatives of labor unions representing 
        employees who work at regional or field facilities of the FAA; 
        and
            (5) 2 representatives of the airport community.
    (c) Report to Congress Containing Recommendations of the Working 
Group.--
            (1) Submission.--Not later than 6 months after convening 
        the working group, the Administrator shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing the criteria 
        and recommendations developed by the working group under this 
        section.
            (2) Contents.--The report shall include a justification for 
        each recommendation to consolidate or realign a service or 
        facility (including a regional office) and a description of the 
        costs and savings associated with the consolidation or 
        realignment.
    (d) Public Notice and Comment.--The Administrator shall publish the 
report submitted under subsection (c) in the Federal Register and allow 
45 days for the submission of public comments. In addition, the 
Administrator upon request shall hold a public hearing in a community 
that would be affected by a recommendation in the report.
    (e) Objections.--Any interested person may file with the 
Administrator a written objection to a recommendation of the working 
group.
    (f) Report to Congress Containing Recommendations of the 
Administrator.--Not later than 60 days after the last day of the period 
for public comment under subsection (d), the Administrator shall submit 
to the committees referred to in subsection (c)(1) a report containing 
the recommendations of the Administrator on realignment of services and 
facilities (including regional offices) of the FAA and copies of any 
public comments and objections received by the Administrator under this 
section.
    (g) Limitation on Implementation of Realignments and 
Consolidations.--The Administrator may not realign or consolidate any 
services or facilities (including regional offices) of the FAA before 
the Administrator has submitted the report under subsection (f).
    (h) Definitions.--In this section, the following definitions apply:
            (1) FAA.--The term ``FAA'' means the Federal Aviation 
        Administration.
            (2) Realignment; consolidation.--
                    (A) In general.--The terms ``realignment'' and 
                ``consolidation'' include any action that--
                            (i) relocates functions, services, or 
                        personnel positions;
                            (ii) severs existing facility functions or 
                        services; or
                            (iii) any combination thereof.
                    (B) Exclusion.--The term does not include a 
                reduction in personnel resulting from workload 
                adjustments.

SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE FOR NATIONAL 
              TRANSPORTATION SAFETY BOARD EMPLOYEES.

    Section 1113 is amended by adding at the end the following:
    ``(i) Accidental Death and Dismemberment Insurance.--
            ``(1) Authority to provide insurance.--The Board may 
        procure accidental death and dismemberment insurance for an 
        employee of the Board who travels for an accident investigation 
        or other activity of the Board outside the United States or 
        inside the United States under hazardous circumstances, as 
        defined by the Board.
            ``(2) Crediting of insurance benefits to offset united 
        states tort liability.--Any amounts paid to a person under 
        insurance coverage procured under this subsection shall be 
        credited as offsetting any liability of the United States to 
        pay damages to that person under section 1346(b) of title 28, 
        chapter 171 of title 28, chapter 163 of title 10, or any other 
        provision of law authorizing recovery based upon tort liability 
        of the United States in connection with the injury or death 
        resulting in the insurance payment.
            ``(3) Treatment of insurance benefits.--Any amounts paid 
        under insurance coverage procured under this subsection shall 
        not--
                    ``(A) be considered additional pay or allowances 
                for purposes of section 5536 of title 5; or
                    ``(B) offset any benefits an employee may have as a 
                result of government service, including compensation 
                under chapter 81 of title 5.
            ``(4) Entitlement to other insurance.--Nothing in this 
        subsection shall be construed as affecting the entitlement of 
        an employee to insurance under section 8704(b) of title 5.''.

SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE INDUSTRY IN INTERNATIONAL 
              CHILD ABDUCTION CASES.

    (a) Study.--The Comptroller General shall conduct a study to help 
determine how the Federal Aviation Administration (in this section 
referred to as the ``FAA'') could better ensure the collaboration and 
cooperation of air carriers and foreign air carriers providing air 
transportation and relevant Federal agencies to develop and enforce 
child safety control for adults traveling internationally with 
children.
    (b) Contents.--In conducting the study, the Comptroller General 
shall examine--
            (1) the nature and scope of exit policies and procedures of 
        the FAA, air carriers, and foreign air carriers and how the 
        enforcement of such policies and procedures is monitored, 
        including ticketing and boarding procedures;
            (2) the extent to which air carriers and foreign air 
        carriers cooperate in the investigations of international child 
        abduction cases, including cooperation with the National Center 
        for Missing and Exploited Children and relevant Federal, State, 
        and local agencies;
            (3) any effective practices, procedures, or lessons learned 
        from the assessment of current practices and procedures of air 
        carriers, foreign air carriers, and operators of other 
        transportation modes that could improve the ability of the 
        aviation community to ensure the safety of children traveling 
        internationally with adults and, as appropriate, enhance the 
        capability of air carriers and foreign air carriers to 
        cooperate in the investigations of international child 
        abduction cases; and
            (4) any liability issues associated with providing 
        assistance in such investigations.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
a report on the results of the study.

SEC. 810. LOST NATION AIRPORT, OHIO.

    (a) Approval of Sale.--The Secretary of Transportation may approve 
the sale of Lost Nation Airport from the city of Willoughby, Ohio, to 
Lake County, Ohio, if--
            (1) Lake County meets all applicable requirements for 
        sponsorship of the airport; and
            (2) Lake County agrees to assume the obligations and 
        assurances of the grant agreements relating to the airport 
        executed by the city of Willoughby under chapter 471 of title 
        49, United States Code, and to operate and maintain the airport 
        in accordance with such obligations and assurances.
    (b) Grants.--
            (1) In general.--The Secretary may make a grant, from funds 
        made available under section 48103 of title 49, United States 
        Code, to Lake County to assist in Lake County's purchase of the 
        Lost Nation Airport under subsection (a).
            (2) Federal share.--The Federal share of the grant under 
        this subsection shall be for 90 percent of the cost of Lake 
        County's purchase of the Lost Nation Airport, but in no event 
        may the Federal share of the grant exceed $1,220,000.
            (3) Approval.--The Secretary may make a grant under this 
        subsection only if the Secretary receives such written 
        assurances as the Secretary may require under section 47107 of 
        title 49, United States Code, with respect to the grant and 
        Lost Nation Airport.
    (c) Treatment of Proceeds From Sale.--The Secretary may grant to 
the city of Willoughby an exemption from the provisions of sections 
47107 and 47133 of such title, any grant obligations of the city of 
Willoughby, and regulations and policies of the Federal Aviation 
Administration to the extent necessary to allow the city of Willoughby 
to use the proceeds from the sale approved under subsection (a) for any 
purpose authorized by the city of Willoughby.

SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA.

    (a) Findings.--Congress finds that--
            (1) Pollock Municipal Airport located in Pollock, Louisiana 
        (in this section referred to as the ``airport''), has never 
        been included in the National Plan of Integrated Airport 
        Systems pursuant to section 47103 of title 49, United States 
        Code, and is therefore not considered necessary to meet the 
        current or future needs of the national aviation system; and
            (2) closing the airport will not adversely affect aviation 
        safety, aviation capacity, or air commerce.
    (b) Request for Closure.--
            (1) Approval.--Notwithstanding any other provision of law, 
        requirement, or agreement and subject to the requirements of 
        this section, the Administrator of the Federal Aviation 
        Administration shall--
                    (A) approve a request from the town of Pollock, 
                Louisiana, to close the airport as a public airport; 
                and
                    (B) release the town from any term, condition, 
                reservation, or restriction contained in a surplus 
                property conveyance or transfer document, and from any 
                order or finding by the Department of Transportation on 
                the use and repayment of airport revenue applicable to 
                the airport, that would otherwise prevent the closure 
                of the airport and redevelopment of the facilities to 
                nonaeronautical uses.
            (2) Continued airport operation prior to approval.--The 
        town of Pollock shall continue to operate and maintain the 
        airport until the Administrator grants the town's request for 
        closure of the airport.
            (3) Use of proceeds from sale of airport.--Upon the 
        approval of the request to close the airport, the town of 
        Pollock shall obtain fair market value for the sale of the 
        airport property and shall immediately upon receipt transfer 
        all such proceeds from the sale of the airport property to the 
        sponsor of a public airport designated by the Administrator to 
        be used for the development or improvement of such airport.
            (4) Relocation of aircraft.--Before closure of the airport, 
        the town of Pollock shall provide adequate time for any 
        airport-based aircraft to relocate.

SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY PROGRAM.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall develop a human intervention and motivation study 
program for pilots and flight attendants involved in air carrier 
operations in the United States under part 121 of title 14, Code of 
Federal Regulations.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2010 through 2012. Such sums shall remain 
available until expended.

SEC. 813. WASHINGTON, DC, AIR DEFENSE IDENTIFICATION ZONE.

    (a) Submission of Plan to Congress.--Not later than 90 days after 
the date of enactment of this Act, the Administrator of the Federal 
Aviation Administration, in consultation with Secretary of Homeland 
Security and Secretary of Defense, shall submit to the Committee on 
Transportation and Infrastructure and Committee on Homeland Security of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a plan for the Washington, DC, Air 
Defense Identification Zone.
    (b) Contents of Plan.--The plan shall outline specific changes to 
the Washington, DC, Air Defense Identification Zone that will decrease 
operational impacts and improve general aviation access to airports in 
the National Capital Region that are currently impacted by the zone.

SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA.

    (a) In General.--Notwithstanding any other provision of law, 
including the Federal Airport Act (as in effect on August 8, 1958), the 
United States releases, without monetary consideration, all 
restrictions, conditions, and limitations on the use, encumbrance, or 
conveyance of certain land located in the municipality of Anchorage, 
Alaska, more particularly described as Tracts 22 and 24 of the Fourth 
Addition to the Town Site of Anchorage, Alaska, as shown on the plat of 
U.S. Survey No. 1456, accepted June 13, 1923, on file in the Bureau of 
Land Management, Department of Interior.
    (b) Grants.--Notwithstanding any other provision of law, the 
municipality of Anchorage shall be released from the repayment of any 
outstanding grant obligations owed by the municipality to the Federal 
Aviation Administration with respect to any land described in 
subsection (a) that is subsequently conveyed to or used by the 
Department of Transportation and Public Facilities of the State of 
Alaska for the construction or reconstruction of a federally subsidized 
highway project.

SEC. 815. 1940 AIR TERMINAL MUSEUM AT WILLIAM P. HOBBY AIRPORT, 
              HOUSTON, TEXAS.

    It is the sense of Congress that the Nation--
            (1) supports the goals and ideals of the 1940 Air Terminal 
        Museum located at William P. Hobby Airport in the city of 
        Houston, Texas;
            (2) congratulates the city of Houston and the 1940 Air 
        Terminal Museum on the 80-year history of William P. Hobby 
        Airport and the vital role of the airport in Houston's and the 
        Nation's transportation infrastructure; and
            (3) recognizes the 1940 Air Terminal Museum for its 
        importance to the Nation in the preservation and presentation 
        of civil aviation heritage and recognizes the importance of 
        civil aviation to the Nation's history and economy.

SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE TO FLIGHT 
              CREWMEMBERS.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration shall initiate 
a rulemaking proceeding for the following purposes:
            (1) To require a flight crewmember who is employed by an 
        air carrier conducting operations under part 121 of title 14, 
        Code of Federal Regulations, and who accepts an additional 
        assignment for flying under part 91 of such title from the air 
        carrier or from any other air carrier conducting operations 
        under part 121 or 135 of such title, to apply the period of the 
        additional assignment (regardless of whether the assignment is 
        performed by the flight crewmember before or after an 
        assignment to fly under part 121 of such title) toward any 
        limitation applicable to the flight crewmember relating to duty 
        periods or flight times under part 121 of such title.
            (2) To require a flight crewmember who is employed by an 
        air carrier conducting operations under part 135 of title 14, 
        Code of Federal Regulations, and who accepts an additional 
        assignment for flying under part 91 of such title from the air 
        carrier or any other air carrier conducting operations under 
        part 121 or 135 of such title, to apply the period of the 
        additional assignment (regardless of whether the assignment is 
        performed by the flight crewmember before or after an 
        assignment to fly under part 135 of such title) toward any 
        limitation applicable to the flight crewmember relating to duty 
        periods or flight times under part 135 of such title.

SEC. 817. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROPERTIES.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall establish a pilot program at up to 4 public-use 
airports (as defined in section 47102 of title 49, United States Code) 
that have a noise compatibility program approved by the Administrator 
under section 47504 of such title.
    (b) Grants.--Under the pilot program, the Administrator may make a 
grant in a fiscal year, from funds made available under section 
47117(e)(1)(A) of such title, to the operator of an airport 
participating in the pilot program--
            (1) to support joint planning (including planning described 
        in section 47504(a)(2)(F) of such title), engineering design, 
        and environmental permitting for the assembly and redevelopment 
        of real property purchased with noise mitigation funds made 
        available under section 48103 or passenger facility revenues 
        collected for the airport under section 40117 of such title; 
        and
            (2) to encourage compatible land uses with the airport and 
        generate economic benefits to the airport operator and an 
        affected local jurisdiction.
    (c) Grant Requirements.--The Administrator may not make a grant 
under this section unless the grant is made--
            (1) to enable the airport operator and an affected local 
        jurisdiction to expedite their noise mitigation redevelopment 
        efforts with respect to real property described in subsection 
        (b)(1);
            (2) subject to a requirement that the affected local 
        jurisdiction has adopted zoning regulations that permit 
        compatible redevelopment of real property described in 
        subsection (b)(1); and
            (3) subject to a requirement that funds made available 
        under section 47117(e)(1)(A) with respect to real property 
        assembled and redeveloped under subsection (b)(1) plus the 
        amount of any grants made for acquisition of such property 
        under section 47504 of such title are repaid to the 
        Administrator upon the sale of such property.
    (d) Cooperation With Local Affected Jurisdiction.--An airport 
operator may use funds granted under this section for a purpose 
described in subsection (b) only in cooperation with an affected local 
jurisdiction.
    (e) United States Government Share.--
            (1) In general.--The United States Government share of the 
        allowable costs of a project carried out under the pilot 
        program shall be 80 percent.
            (2) Determination.--In determining the allowable project 
        costs of a project carried out under the pilot program for 
        purposes of this subsection, the Administrator shall deduct 
        from the total costs of the project that portion of the total 
        costs of the project that are incurred with respect to real 
        property that is not owned or to be acquired by the airport 
        operator pursuant to the noise compatibility program for the 
        airport or that is not owned by an affected local jurisdiction 
        or other public entity.
            (3) Maximum amount.--Not more than $5,000,000 in funds made 
        available under section 47117(e) of title 49, United States 
        Code, may be expended under this pilot program at any single 
        public-use airport.
    (f) Special Rules for Repaid Funds.--The amounts repaid to the 
Administrator with respect to an airport under subsection (c)(3)--
            (1) shall be available to the Administrator for the 
        following actions giving preference to such actions in 
        descending order:
                    (A) reinvestment in an approved noise compatibility 
                project at the airport;
                    (B) reinvestment in another project at the airport 
                that is available for funding under section 47117(e) of 
                title 49, United States Code;
                    (C) reinvestment in an approved airport development 
                project at the airport that is eligible for funding 
                under section 47114, 47115, or 47117 of such title;
                    (D) reinvestment in approved noise compatibility 
                project at any other public airport; and
                    (E) deposit in the Airport and Airway Trust Fund 
                established under section 9502 of the Internal Revenue 
                Code of 1986 (26 U.S.C. 9502);
            (2) shall be in addition to amounts authorized under 
        section 48103 of title 49, United States Code; and
            (3) shall remain available until expended.
    (g) Use of Passenger Facility Revenue.--An operator of an airport 
participating in the pilot program may use passenger facility revenue 
collected for the airport under section 40117 of title 49, United 
States Code, to pay the portion of the total cost of a project carried 
out by the operator under the pilot program that are not allowable 
under subsection (e)(2).
    (h) Sunset.--The Administrator may not make a grant under the pilot 
program after September 30, 2012.
    (i) Report to Congress.--Not later than the last day of the 30th 
month following the date on which the first grant is made under this 
section, the Administrator shall report to Congress on the 
effectiveness of the pilot program on returning real property purchased 
with noise mitigation funds made available under section 47117(e)(1)(A) 
or 47505 or passenger facility revenues to productive use.
    (j) Noise Compatibility Measures.--Section 47504(a)(2) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) joint comprehensive land use planning, 
                including master plans, traffic studies, environmental 
                evaluation and economic and feasibility studies, with 
                neighboring local jurisdictions undertaking community 
                redevelopment in the area where any land or other 
                property interest acquired by the airport operator 
                under this subsection is located, to encourage and 
                enhance redevelopment opportunities that reflect zoning 
                and uses that will prevent the introduction of 
                additional incompatible uses and enhance redevelopment 
                potential.''.

SEC. 818. HELICOPTER OPERATIONS OVER LONG ISLAND AND STATEN ISLAND, NEW 
              YORK.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall conduct a study on helicopter operations over Long 
Island and Staten Island, New York.
    (b) Contents.--In conducting the study, the Administrator shall 
examine, at a minimum, the following:
            (1) The effect of helicopter operations on residential 
        areas, including--
                    (A) safety issues relating to helicopter 
                operations;
                    (B) noise levels relating to helicopter operations 
                and ways to abate the noise levels; and
                    (C) any other issue relating to helicopter 
                operations on residential areas.
            (2) The feasibility of diverting helicopters from 
        residential areas.
            (3) The feasibility of creating specific air lanes for 
        helicopter operations.
            (4) The feasibility of establishing altitude limits for 
        helicopter operations.
    (c) Exceptions.--Any determination under this section on the 
feasibility of establishing limitations or restrictions for helicopter 
operations over Long Island and Staten Island, New York, shall not 
apply to helicopters performing operations for news organizations, the 
military, law enforcement, or providers of emergency services.
    (d) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to interfere with the Federal Aviation 
Administration's authority to ensure the safe and efficient use of the 
national airspace system.
    (e) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Administrator shall submit to Congress a 
report on the results of the study, including information and 
recommendations concerning the issues examined under subsection (b).

SEC. 819. CABIN TEMPERATURE AND HUMIDITY STANDARDS STUDY.

    (a) Study.--Not later than 6 months after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall conduct a study to determine whether onboard temperature 
standards are necessary to protect cabin and cockpit crew members and 
passengers on an aircraft of an air carrier used to provide air 
transportation from excessive heat and humidity onboard such aircraft 
during standard operations or during an excessive flight delay.
    (b) Temperature Review.--In conducting the study under subsection 
(a), the Administrator shall--
            (1) survey onboard cabin and cockpit temperature and 
        humidity of a representative sampling of different aircraft 
        types and operations;
            (2) address the appropriate placement of temperature 
        monitoring devices onboard the aircraft to determine the most 
        accurate measurement of onboard temperature and humidity and 
        develop a system for the reporting of excessive temperature and 
        humidity onboard passenger aircraft by cockpit and cabin crew 
        members; and
            (3) review the impact of implementing such onboard 
        temperature and humidity standards on the environment, fuel 
        economy, and avionics and determine the costs associated with 
        such implementation and the feasibility of using ground 
        equipment or other mitigation measures to offset any such 
        costs.
    (c) Report to Congress.--Not later than 18 months after the date of 
enactment of this Act, the Administrator shall submit to Congress a 
report on the findings of the study.

SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS.

    Section 46301 is amended--
            (1) in subsection (a)(1)(A) by inserting ``chapter 451,'' 
        before ``section 47107(b)'';
            (2) in subsection (a)(5)(A)(i)--
                    (A) by striking ``or chapter 449'' and inserting 
                ``chapter 449''; and
                    (B) by inserting after ``44909)'' the following: 
                ``, or chapter 451''; and
            (3) in subsection (d)(2)--
                    (A) by inserting after ``44723)'' the following: 
                ``, chapter 451 (except section 45107)''; and
                    (B) by inserting after ``44909),'' the following: 
                ``section 45107 or''.

SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGESTION.

    Not later than 18 months after the date of enactment of this Act, 
the Comptroller General shall conduct a study and submit a report to 
Congress regarding effective strategies to alleviate congestion in the 
national airspace at airports during peak travel times, by evaluating 
the effectiveness of reducing flight schedules and staggering flights, 
developing incentives for airlines to reduce the number of flights 
offered, and instituting slots and quotas at airports. In addition, the 
Comptroller General shall compare the efficiency of implementing the 
strategies in the preceding sentence with redesigning airspace and 
evaluate any legal obstacles to implementing such strategies.

SEC. 822. AIRLINE PERSONNEL TRAINING ENHANCEMENT.

    Not later than one year after the date of enactment of this Act, 
the Secretary of Transportation shall issue regulations under chapter 
447 of title 49, United States Code, that require air carriers to 
provide initial and annual recurring training for flight attendants and 
gate attendants regarding serving alcohol, dealing with disruptive 
passengers, and recognizing intoxicated persons. The training shall 
include situational training on methods of handling an intoxicated 
person who is belligerent.

SEC. 823. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB-
              BASED SEARCH ENGINE ON WIND TURBINE INSTALLATION 
              OBSTRUCTION.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall carry out a study on the feasibility of developing 
a publicly searchable, Internet Web-based resource that provides 
information regarding the acceptable height and distance that wind 
turbines may be installed in relation to aviation sites and the level 
of obstruction such turbines may present to such sites.
    (b) Considerations.--In conducting the study, the Administrator 
shall consult, if appropriate, with the Secretaries of the Army, Navy 
and Air Force, Homeland Security, Agriculture, and Energy to coordinate 
the requirements of each agency for future air space needs, determine 
what the acceptable risks are to existing infrastructure of each 
agency, and define the different levels of risk for such 
infrastructure.
    (c) Impact of Wind Turbines on Radar Signals.--In conducting the 
study, the Administrator shall consider the impact of the operation of 
wind turbines, individually and in collections, on radar signals and 
evaluate the feasibility of providing quantifiable measures of numbers 
of turbines and distance from radars that are acceptable.
    (d) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall submit a report on the results of the 
study to the Committee on Transportation and Infrastructure, Committee 
on Homeland Security, Committee on Armed Services, Committee on 
Agriculture, and Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation, Committee on Homeland Security and Governmental 
Affairs, Committee on Agriculture, Nutrition, and Forestry, 
andCommittee on Armed Services of the Senate.

SEC. 824. FAA RADAR SIGNAL LOCATIONS.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall conduct a study on the locations of Federal 
Aviation Administration radar signals (in this section referred to as 
``FAA radars'') in the United States, including the impact of such 
locations on--
            (1) the development and installation of renewable energy 
        technologies, including wind turbines; and
            (2) the ability of State and local authorities to identify 
        and plan for the location of such renewable energy 
        technologies.
    (b) Consultation.--In conducting the study, the Administrator may 
consult with the heads of appropriate agencies as needed.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Administrator shall transmit to Congress a report on 
the results of the study.
    (d) Administrative Process.--The Administrator shall develop an 
effective administrative process for relocation of FAA radars, when 
appropriate, and testing and deployment of alternate solutions, as 
necessary.
    (e) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to affect the authority of the Administrator to 
issue hazard determinations.

SEC. 825. WIND TURBINE LIGHTING.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall conduct a study on wind turbine lighting systems.
    (b) Contents.--In conducting the study, the Administrator shall 
examine the following:
            (1) The effect of wind turbine lighting on residential 
        areas.
            (2) The safety issues associated with alternative lighting 
        strategies, technologies, and regulations.
            (3) Potential energy savings associated with alternative 
        lighting strategies, technologies, and regulations.
            (4) The feasibility of implementing alternative lighting 
        strategies or technologies.
            (5) Any other issue relating to wind turbine lighting.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to Congress a report on the 
results of the study, including information and recommendations 
concerning the issues examined under subsection (b).

SEC. 826. PROHIBITION ON USE OF CERTAIN FUNDS.

    The Secretary may not use any funds authorized in this Act to name, 
rename, designate, or redesignate any project or program under this act 
for an individual then serving as a Member, Delegate, Resident 
Commissioner, or Senator of the United States Congress.

SEC. 827. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO AIRCRAFT.

    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Administrator of the Federal Aviation Administration, in 
consultation with appropriate air carriers, aircraft manufacturers, and 
air carrier labor representatives, shall conduct a study to identify a 
physical means, or a combination of physical and procedural means, of 
limiting access to the flight decks of all-cargo aircraft to authorized 
flight crew members.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit to Congress a report on the 
results of the study.

SEC. 828. WHISTLEBLOWERS AT FAA.

    It is the sense of Congress that whistleblowers at the Federal 
Aviation Administration be granted the full protection of the law.

SEC. 829. COLLEGE POINT MARINE TRANSFER STATION, NEW YORK.

    (a) Finding.--Congress finds that the Federal Aviation 
Administration, in determining whether the proposed College Point 
Marine Transfer Station in New York City, New York, if constructed, 
would constitute a hazard to air navigation, has not followed published 
policy statements of the Federal Aviation Administration, including--
            (1) Advisory Circular Number 150/5200-33B 2, entitled 
        ``Hazardous Wildlife Attractants on or Near Airports'';
            (2) Advisory Circular Number 150/5300-13, entitled 
        ``Airport Design''; and
            (3) the publication entitled ``Policies and Procedures 
        Memorandum--Airports Division'', Number 5300.1B, dated Feb. 5, 
        1999.
    (b) Designation of Transfer Station as Hazard to Air Navigation.--
The Administrator of the Federal Aviation Administration shall take 
such actions as may be necessary to designate the proposed College 
Point Marine Transfer Station in New York City, New York, as a hazard 
to air navigation.

SEC. 830. PILOT TRAINING AND CERTIFICATION.

    (a) Initiation of Study.--Not later than 3 months after the date of 
enactment of this Act, the Comptroller General shall initiate a study 
on commercial airline pilot training and certification programs. The 
study shall include the data collected under subsection (b).
    (b) Data Collected.--In conducting the study, the Comptroller 
General shall collect data on--
            (1) commercial pilot training and certification programs at 
        United States air carriers, including regional and commuter air 
        carriers;
            (2) the number of training hours required for pilots 
        operating new aircraft types before assuming pilot in command 
        duties;
            (3) how United States air carriers update and train pilots 
        on new technologies in aircraft types in which they hold 
        certifications;
            (4) what remedial actions are taken in cases of repeated 
        unsatisfactory check-rides by commercial airline pilots;
            (5) what stall warning systems are included in flight 
        simulator training compared to classroom instruction; and
            (6) the information required to be provided by pilots on 
        their job applications and the ability of United States air 
        carriers to verify the information provided.
    (c) Contents of Study.--The study shall include, at a minimum--
            (1) a review of Federal Aviation Administration and 
        international standards regarding commercial airline pilot 
        training and certification programs;
            (2) the results of interviews that the Comptroller General 
        shall conduct with United States air carriers, pilot 
        organizations, the National Transportation Safety Board, the 
        Federal Aviation Administration, and such other parties as the 
        Comptroller General determines appropriate; and
            (3) such other matters as the Comptroller General 
        determines are appropriate.
    (d) Report.--Not later than 12 months after the date of initiation 
of the study, the Comptroller General shall submit to the 
Administrator, the Committee on Transportation and Infrastructure of 
the House of Representatives, and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the results of the study, 
together with the findings and recommendations of the Comptroller 
General regarding the study.

SEC. 831. ST. GEORGE, UTAH.

    (a) In General.--Notwithstanding section 16 of the Federal Airport 
Act (as in effect on August 28, 1973) or sections 47125 and 47153 of 
title 49, United States Code, the Secretary of Transportation is 
authorized, subject to subsection (b), to grant releases from any of 
the terms, conditions, reservations, and restrictions contained in the 
deed of conveyance dated August 28, 1973, under which the United States 
conveyed certain property to the city of St. George, Utah, for airport 
purposes.
    (b) Condition.--Any release granted by the Secretary under the 
subsection (a) shall be subject to the following conditions:
            (1) The city of St. George shall agree that in conveying 
        any interest in the property that the United States conveyed to 
        the city by deed dated August 28, 1973, the city will receive 
        an amount for such interest that is equal to the fair market 
        value.
            (2) Any such amount so received by the city of St. George 
        shall be used by the city for the development, improvement, 
        operation, or maintenance of a replacement public airport.

SEC. 832. REPLACEMENT OF TERMINAL RADAR APPROACH CONTROL AT PALM BEACH 
              INTERNATIONAL AIRPORT.

    The Administrator of the Federal Aviation Administration shall take 
such actions as may be necessary to ensure that any air traffic control 
tower or facility placed into operation at Palm Beach International 
Airport after September 30, 2009, to replace an air traffic control 
tower or facility placed into operation before September 30, 2009, 
includes an operating terminal radar approach control.

SEC. 833. SANTA MONICA AIRPORT, CALIFORNIA.

    It is the sense of Congress that the Administrator of the Federal 
Aviation Administration should enter into good faith discussions with 
the city of Santa Monica, California, to achieve runway safety area 
solutions consistent with Federal Aviation Administration design 
guidelines to address safety concerns at Santa Monica Airport.

          TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Federal Aviation Research and 
Development Reauthorization Act of 2009''.

SEC. 902. DEFINITIONS.

    As used in this title, the following definition apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) FAA.--The term ``FAA'' means the Federal Aviation 
        Administration.
            (3) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.
            (4) National research council.--The term ``National 
        Research Council'' means the National Research Council of the 
        National Academies of Science and Engineering.
            (5) NOAA.--The term ``NOAA'' means the National Oceanic and 
        Atmospheric Administration.
            (6) NSF.--The term ``NSF'' means the National Science 
        Foundation.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 903. INTERAGENCY RESEARCH INITIATIVE ON THE IMPACT OF AVIATION ON 
              THE CLIMATE.

    (a) In General.--The Administrator, in coordination with NASA and 
the United States Climate Change Science Program, shall carry out a 
research initiative to assess the impact of aviation on the climate 
and, if warranted, to evaluate approaches to mitigate that impact.
    (b) Research Plan.--Not later than one year after the date of 
enactment of this Act, the participating Federal entities shall jointly 
develop a plan for the research program that contains the objectives, 
proposed tasks, milestones, and 5-year budgetary profile.

SEC. 904. RESEARCH PROGRAM ON RUNWAYS.

    (a) Research Program.--The Administrator shall maintain a program 
of research grants to universities and nonprofit research foundations 
for research and technology demonstrations related to--
            (1) improved runway surfaces; and
            (2) engineered material restraining systems for runways at 
        both general aviation airports and airports with commercial air 
        carrier operations.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2010 through 2012 to carry out this section.

SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.

    (a) Establishment of Program.--Not later than 6 months after the 
date of enactment of this Act, the FAA, in consultation with other 
agencies as appropriate, shall establish a research program on methods 
to improve both confidence in and the timeliness of certification of 
new technologies for their introduction into the national airspace 
system.
    (b) Research Plan.--Not later than 1 year after the date of 
enactment of this Act, as part of the activity described in subsection 
(a), the FAA shall develop a plan for the research program that 
contains the objectives, proposed tasks, milestones, and five-year 
budgetary profile.
    (c) Review.--The Administrator shall have the National Research 
Council conduct an independent review of the research program plan and 
provide the results of that review to the Committee on Science and 
Technology and the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate not later than 18 months after the 
date of enactment of this Act.

SEC. 906. CENTERS OF EXCELLENCE.

    (a) Government's Share of Costs.--Section 44513(f) is amended to 
read as follows:
    ``(f) Government's Share of Costs.--The United States Government's 
share of establishing and operating the center and all related research 
activities that grant recipients carry out shall not exceed 75 percent 
of the costs. The United States Government's share of an individual 
grant under this section shall not exceed 90 percent of the costs.''.
    (b) Annual Report.--The Administrator shall transmit annually to 
the Committee on Science and Technology and the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate at 
the time of the President's budget request a report that lists--
            (1) the research projects that have been initiated by each 
        Center of Excellence in the preceding year;
            (2) the amount of funding for each research project and the 
        funding source;
            (3) the institutions participating in each project and 
        their shares of the overall funding for each research project; 
        and
            (4) the level of cost-sharing for each research project.

SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM.

    Section 44511(f) is amended--
            (1) in paragraph (1) by striking ``establish a 4-year 
        pilot'' and inserting ``maintain an''; and
            (2) in paragraph (4)--
                    (A) by striking ``expiration of the program'' and 
                inserting ``expiration of the pilot program''; and
                    (B) by striking ``program, including 
                recommendations as to the need for establishing a 
                permanent airport cooperative research program'' and 
                inserting ``program''.

SEC. 908. UNMANNED AIRCRAFT SYSTEMS.

    (a) Research Initiative.--Section 44504(b) is amended--
            (1) in paragraph (6) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (7) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) in conjunction with other Federal agencies, as 
        appropriate, to develop technologies and methods to assess the 
        risk of and prevent defects, failures, and malfunctions of 
        products, parts, and processes, for use in all classes of 
        unmanned aircraft systems that could result in a catastrophic 
        failure of the unmanned aircraft that would endanger other 
        aircraft in the national airspace system.''.
    (b) Systems, Procedures, Facilities, and Devices.--Section 44505(b) 
is amended--
            (1) in paragraph (4) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (5)(C) by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) to develop a better understanding of the relationship 
        between human factors and unmanned aircraft systems safety; and
            ``(7) to develop dynamic simulation models for integrating 
        all classes of unmanned aircraft systems into the national 
        airspace system without any degradation of existing levels of 
        safety for all national airspace system users.''.

SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS.

    (a) In General.--The Administrator shall establish a program to 
utilize colleges and universities, including Historically Black 
Colleges and Universities, Hispanic serving institutions, tribally 
controlled colleges and universities, and Alaska Native and Native 
Hawaiian serving institutions in conducting research by undergraduate 
students on subjects of relevance to the FAA. Grants may be awarded 
under this section for--
            (1) research projects to be carried out primarily by 
        undergraduate students;
            (2) research projects that combine undergraduate research 
        with other research supported by the FAA;
            (3) research on future training requirements related to 
        projected changes in regulatory requirements for aircraft 
        maintenance and power plant licensees; and
            (4) research on the impact of new technologies and 
        procedures, particularly those related to aircraft flight deck 
        and air traffic management functions, and on training 
        requirements for pilots and air traffic controllers.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $5,000,000 for each of the fiscal years 2010 through 2012, 
for research grants under this section.

SEC. 910. AVIATION GAS RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Continuation of Program.--The Administrator, in coordination 
with the NASA Administrator, shall continue research and development 
activities into technologies for modification of existing general 
aviation piston engines to enable their safe operation using unleaded 
aviation fuel.
    (b) Roadmap.--Not later than 120 days after the date of enactment 
of this Act, the Administrator shall develop a research and development 
roadmap for the program continued in subsection (a), containing the 
specific research and development objectives and the anticipated 
timetable for achieving the objectives.
    (c) Report.--Not later than 130 days after the date of enactment of 
this Act, the Administrator shall provide the roadmap specified in 
subsection (b) to the Committee on Science and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $750,000 for each of the fiscal years 2010 through 2012 to 
carry out this section.

SEC. 911. REVIEW OF FAA'S ENERGY- AND ENVIRONMENT-RELATED RESEARCH 
              PROGRAMS.

    (a) Study.--The Administrator shall enter into an arrangement with 
the National Research Council for a review of the FAA's energy- and 
environment-related research programs. The review shall assess 
whether--
            (1) the programs have well-defined, prioritized, and 
        appropriate research objectives;
            (2) the programs are properly coordinated with the energy- 
        and environment-related research programs of NASA, NOAA, and 
        other relevant agencies;
            (3) the programs have allocated appropriate resources to 
        each of the research objectives; and
            (4) there exist suitable mechanisms for transitioning the 
        research results into the FAA's operational technologies and 
        procedures and certification activities.
    (b) Report.--A report containing the results of the review shall be 
provided to the Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate within 18 months of the enactment of this 
Act.

SEC. 912. REVIEW OF FAA'S AVIATION SAFETY-RELATED RESEARCH PROGRAMS.

    (a) Review.--The Administrator shall enter into an arrangement with 
the National Research Council for an independent review of the FAA's 
aviation safety-related research programs. The review shall assess 
whether--
            (1) the programs have well-defined, prioritized, and 
        appropriate research objectives;
            (2) the programs are properly coordinated with the safety 
        research programs of NASA and other relevant Federal agencies;
            (3) the programs have allocated appropriate resources to 
        each of the research objectives; and
            (4) there exist suitable mechanisms for transitioning the 
        research results from the programs into the FAA's operational 
        technologies and procedures and certification activities in a 
        timely manner.
    (b) Aviation Safety-Related Research Programs To Be Assessed.--The 
FAA aviation safety-related research programs to be assessed under the 
review shall include, at a minimum, the following:
            (1) Air traffic control/technical operations human factors.
            (2) Runway incursion reduction.
            (3) Flightdeck/maintenance system integration human 
        factors.
            (4) Airports technology research--safety.
            (5) Airport cooperative research program--safety.
            (6) Weather program.
            (7) Atmospheric hazards/digital system safety.
            (8) Fire research and safety.
            (9) Propulsion and fuel systems.
            (10) Advanced materials/structural safety.
            (11) Aging aircraft.
            (12) Aircraft catastrophic failure prevention research.
            (13) Aeromedical research.
            (14) Aviation safety risk analysis.
            (15) Unmanned aircraft systems research.
    (c) Report.--Not later than 14 months after the date of enactment 
of this Act, the Administrator shall submit to Congress a report on the 
results of the review.
    (d) Authorization of Appropriations.--In addition to amounts 
authorized to be appropriated by the amendments made by this Act, there 
is authorized to be appropriated $700,000 for fiscal year 2010 to carry 
out this section.

SEC. 913. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY FOR CIVIL 
              AIRCRAFT.

    (a) Establishment of Research Program.--Using amounts made 
available under section 48102(a) of title 49, United States Code, the 
Secretary of Transportation shall conduct a research program related to 
developing jet fuel from alternative sources (such as coal, natural 
gas, biomass, ethanol, butanol, and hydrogen) through grants or other 
measures authorized under section 106(l)(6) of such title, including 
reimbursable agreements with other Federal agencies.
    (b) Participation by Educational and Research Institutions.--In 
conducting the program, the Secretary shall provide for participation 
by educational and research institutions that have existing facilities 
and experience in the development and deployment of technology for 
alternative jet fuels.
    (c) Designation of Institute as a Center of Excellence.--Not later 
than 6 months after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration shall designate an 
institution described in subsection (a) as a Center of Excellence for 
Alternative Jet Fuel Research.

SEC. 914. CENTER FOR EXCELLENCE IN AVIATION EMPLOYMENT.

    (a) Establishment.--The Administrator shall establish a Center for 
Excellence in Aviation Employment (in this section referred to as the 
``Center'').
    (b) Applied Research and Training.--The Center shall conduct 
applied research and training on--
            (1) human performance in the air transportation 
        environment;
            (2) air transportation personnel, including air traffic 
        controllers, pilots, and technicians; and
            (3) any other aviation human resource issues pertinent to 
        developing and maintaining a safe and efficient air 
        transportation system.
    (c) Duties.--The Center shall--
            (1) in conjunction with the Collegiate Training Initiative 
        and other air traffic controller training programs, develop, 
        implement, and evaluate a comprehensive, best-practices based 
        training program for air traffic controllers;
            (2) work with the Office of Human Resource Management of 
        the FAA as that office develops and implements a strategic 
        recruitment and marketing program to help the FAA compete for 
        the best qualified employees and incorporate an employee value 
        proposition process that results in attracting a broad-based 
        and diverse aviation workforce in mission critical positions, 
        including air traffic controller, aviation safety inspector, 
        airway transportation safety specialist, and engineer;
            (3) through industry surveys and other research 
        methodologies and in partnership with the ``Taskforce on the 
        Future of the Aerospace Workforce'' and the Secretary of Labor, 
        establish a baseline of general aviation employment statistics 
        for purposes of projecting and anticipating future workforce 
        needs and demonstrating the economic impact of general aviation 
        employment;
            (4) conduct a comprehensive analysis of the airframe and 
        powerplant technician certification process and employment 
        trends for maintenance repair organization facilities, 
        certificated repair stations, and general aviation maintenance 
        organizations;
            (5) establish a best practices model in aviation 
        maintenance technician school environments; and
            (6) establish a workforce retraining program to allow for 
        transition of recently unemployed and highly skilled mechanics 
        into aviation employment.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator such sums as may be necessary to 
carry out this section. Such sums shall remain available until 
expended.

            TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Airport and Airway Trust Fund 
Financing Act of 2009''.

SEC. 1002. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND 
              AIRWAY TRUST FUND.

    (a) Rate of Tax on Aviation-Grade Kerosene and Aviation Gasoline.--
            (1) Aviation-grade kerosene.--Subparagraph (A) of section 
        4081(a)(2) of the Internal Revenue Code of 1986 (relating to 
        rates of tax) is amended by striking ``and'' at the end of 
        clause (ii), by striking the period at the end of clause (iii) 
        and inserting ``, and'', and by adding at the end the following 
        new clause:
                            ``(iv) in the case of aviation-grade 
                        kerosene, 35.9 cents per gallon.''.
            (2) Aviation gasoline.--Clause (ii) of section 
        4081(a)(2)(A) of such Code is amended by striking ``19.3 
        cents'' and inserting ``24.1 cents''.
            (3) Fuel removed directly into fuel tank of airplane used 
        in noncommercial aviation.--Subparagraph (C) of section 
        4081(a)(2) of such Code is amended to read as follows:
                    ``(C) Taxes imposed on fuel used in commercial 
                aviation.--In the case of aviation-grade kerosene which 
                is removed from any refinery or terminal directly into 
                the fuel tank of an aircraft for use in commercial 
                aviation by a person registered for such use under 
                section 4101, the rate of tax under subparagraph 
                (A)(iv) shall be 4.3 cents per gallon.''.
            (4) Conforming amendments.--
                    (A) Clause (iii) of section 4081(a)(2)(A) of such 
                Code is amended by inserting ``other than aviation-
                grade kerosene'' after ``kerosene''.
                    (B) The following provisions of such Code are each 
                amended by striking ``kerosene'' and inserting 
                ``aviation-grade kerosene'':
                            (i) Section 4081(a)(3)(A)(ii).
                            (ii) Section 4081(a)(3)(A)(iv).
                            (iii) Section 4081(a)(3)(D).
                    (C) Section 4081(a)(3)(D) of such Code is amended--
                            (i) by striking ``paragraph (2)(C)(i)'' in 
                        clause (i) and inserting ``paragraph (2)(C)'', 
                        and
                            (ii) by striking ``paragraph (2)(C)(ii)'' 
                        in clause (ii) and inserting ``paragraph 
                        (2)(A)(iv)''.
                    (D) Section 4081(a)(4) of such Code is amended--
                            (i) by striking ``paragraph (2)(C)(i)'' and 
                        inserting ``paragraph (2)(C)'', and
                            (ii) by striking ``kerosene'' in the 
                        heading and inserting ``aviation-grade 
                        kerosene''.
                    (E) Section 4081(d)(2) of such Code is amended by 
                inserting ``, (a)(2)(A)(iv),'' after ``subsections 
                (a)(2)(A)(ii)''.
    (b) Extension.--
            (1) Fuels taxes.--Paragraph (2) of section 4081(d) of such 
        Code is amended by striking ``gallon--'' and all that follows 
        and inserting ``gallon after September 30, 2012''.
            (2) Taxes on transportation of persons and property.--
                    (A) Persons.--Clause (ii) of section 4261(j)(1)(A) 
                of such Code is amended by striking ``September 30, 
                2009'' and inserting ``September 30, 2012''.
                    (B) Property.--Clause (ii) of section 4271(d)(1)(A) 
                of such Code is amended by striking ``September 30, 
                2009'' and inserting ``September 30, 2012''.
    (c) Exemption for Aviation-Grade Kerosene Removed Into an 
Aircraft.--Subsection (e) of section 4082 of such Code is amended--
            (1) by striking ``kerosene'' and inserting ``aviation-grade 
        kerosene'',
            (2) by striking ``section 4081(a)(2)(A)(iii)'' and 
        inserting ``section 4081(a)(2)(A)(iv)'', and
            (3) by striking ``Kerosene'' in the heading and inserting 
        ``Aviation-Grade Kerosene''.
    (d) Retail Tax on Aviation Fuel.--
            (1) Exemption for previously taxed fuel.--Paragraph (2) of 
        section 4041(c) of such Code is amended by inserting ``at the 
        rate specified in subsection (a)(2)(A)(iv) thereof'' after 
        ``section 4081''.
            (2) Rate of tax.--Paragraph (3) of section 4041(c) of such 
        Code is amended to read as follows:
            ``(3) Rate of tax.--The rate of tax imposed by this 
        subsection shall be the rate of tax in effect under section 
        4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any 
        sale or use for commercial aviation).''.
    (e) Refunds Relating to Aviation-Grade Kerosene.--
            (1) Kerosene used in commercial aviation.--Clause (ii) of 
        section 6427(l)(4)(A) of such Code is amended by striking 
        ``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the 
        case may be,'' and inserting ``so imposed''.
            (2) Kerosene used in aviation.--Paragraph (4) of section 
        6427(l) of such Code is amended--
                    (A) by striking subparagraph (B) and redesignating 
                subparagraph (C) as subparagraph (B), and
                    (B) by amending subparagraph (B), as redesignated 
                by subparagraph (A), to read as follows:
                    ``(B) Payments to ultimate, registered vendor.--
                With respect to any kerosene used in aviation (other 
                than kerosene to which paragraph (6) applies), if the 
                ultimate purchaser of such kerosene waives (at such 
                time and in such form and manner as the Secretary shall 
                prescribe) the right to payment under paragraph (1) and 
                assigns such right to the ultimate vendor, then the 
                Secretary shall pay (without interest) the amount which 
                would be paid under paragraph (1) to such ultimate 
                vendor, but only if such ultimate vendor--
                            ``(i) is registered under section 4101, and
                            ``(ii) meets the requirements of 
                        subparagraph (A), (B), or (D) of section 
                        6416(a)(1).''.
            (3) Aviation-grade kerosene not used in aviation.--
        Subsection (l) of section 6427 of such Code is amended by 
        redesignating paragraph (5) as paragraph (6) and by inserting 
        after paragraph (4) the following new paragraph:
            ``(5) Refunds for aviation-grade kerosene not used in 
        aviation.--If tax has been imposed under section 4081 at the 
        rate specified in section 4081(a)(2)(A)(iv) and the fuel is 
        used other than in an aircraft, the Secretary shall pay 
        (without interest) to the ultimate purchaser of such fuel an 
        amount equal to the amount of tax imposed on such fuel reduced 
        by the amount of tax that would be imposed under section 4041 
        if no tax under section 4081 had been imposed.''.
            (4) Conforming amendments.--
                    (A) Section 6427(i)(4) of such Code is amended--
                            (i) by striking ``paragraph (4)(C) or (5)'' 
                        both places it appears and inserting 
                        ``paragraph (4)(B) or (6)'', and
                            (ii) by striking ``, (l)(4)(C)(ii), and 
                        (l)(5)'' and inserting ``and (l)(6)''.
                    (B) Section 6427(l)(1) of such Code is amended by 
                striking ``paragraph (4)(C)(i)'' and inserting 
                ``paragraph (4)(B)(i)''.
                    (C) Section 4082(d)(2)(B) of such Code is amended 
                by striking ``6427(l)(5)(B)'' and inserting 
                ``6427(l)(6)(B)''.
    (f) Airport and Airway Trust Fund.--
            (1) Extension of trust fund authorities.--
                    (A) Expenditures from trust fund.--Paragraph (1) of 
                section 9502(d) of such Code is amended--
                            (i) by striking ``October 1, 2009'' in the 
                        matter preceding subparagraph (A) and inserting 
                        ``October 1, 2012'', and
                            (ii) by inserting ``or the FAA 
                        Reauthorization Act of 2009'' before the 
                        semicolon at the end of subparagraph (A).
                    (B) Limitation on transfers to trust fund.--
                Paragraph (2) of section 9502(e) of such Code is 
                amended by striking ``October 1, 2009'' and inserting 
                ``October 1, 2012''.
            (2) Transfers to trust fund.--Subparagraph (C) of section 
        9502(b)(1) of such Code is amended to read as follows:
                    ``(C) section 4081 with respect to aviation 
                gasoline and aviation-grade kerosene, and''.
            (3) Transfers on account of certain refunds.--
                    (A) In general.--Subsection (d) of section 9502 of 
                such Code is amended--
                            (i) by striking ``(other than subsection 
                        (l)(4) thereof)'' in paragraph (2), and
                            (ii) by striking ``(other than payments 
                        made by reason of paragraph (4) of section 
                        6427(l))'' in paragraph (3).
                    (B) Conforming amendments.--
                            (i) Section 9503(b)(4) of such Code is 
                        amended by striking ``or'' at the end of 
                        subparagraph (C), by striking the period at the 
                        end of subparagraph (D) and inserting a comma, 
                        and by inserting after subparagraph (D) the 
                        following:
                    ``(E) section 4081 to the extent attributable to 
                the rate specified in clause (ii) or (iv) of section 
                4081(a)(2)(A), or
                    ``(F) section 4041(c).''.
                            (ii) Section 9503(c) of such Code is 
                        amended by striking the last paragraph 
                        (relating to transfers from the Trust Fund for 
                        certain aviation fuel taxes).
                            (iii) Section 9502(a) of such Code is 
                        amended by striking ``, section 9503(c)(7),''.
            (4) Transfers on account of aviation-grade kerosene not 
        used in aviation.--Section 9502(d) of such Code is amended by 
        adding at the end the following new paragraph:
            ``(7) Transfers from airport and airway trust fund on 
        account of aviation-grade kerosene not used in aviation.--The 
        Secretary of the Treasury shall pay from time to time from the 
        Airport and Airway Trust Fund into the Highway Trust Fund 
        amounts as determined by the Secretary of the Treasury 
        equivalent to amounts transferred to the Airport and Airway 
        Trust Fund with respect to aviation-grade kerosene not used in 
        aviation.''.
            (5) Expenditures for air traffic control modernization.--
        Section 9502(d) of such Code, as amended by this title, is 
        amended by adding at the end the following new paragraph:
            ``(8) Expenditures for air traffic control modernization.--
        The following amounts may be used only for making expenditures 
        to carry out air traffic control modernization:
                    ``(A) So much of the amounts appropriated under 
                subsection (b)(1)(C) as the Secretary estimates are 
                attributable to--
                            ``(i) 14.1 cents per gallon of the tax 
                        imposed at the rate specified in section 
                        4081(a)(2)(A)(iv) in the case of aviation-grade 
                        kerosene used other than in commercial aviation 
                        (as defined in section 4083(b)), and
                            ``(ii) 4.8 cents per gallon of the tax 
                        imposed at the rate specified in section 
                        4081(a)(2)(A)(ii) in the case of aviation 
                        gasoline used other than in commercial aviation 
                        (as so defined).
                    ``(B) Any amounts credited to the Airport and 
                Airway Trust Fund under section 9602(b) with respect to 
                amounts described in this paragraph.''.
    (g) Effective Date.--
            (1) Modifications.--Except as provided in paragraph (2), 
        the amendments made by this section shall apply to fuels 
        removed, entered, or sold after December 31, 2009.
            (2) Extensions.--The amendments made by subsections (b) and 
        (f)(1) shall take effect on the date of the enactment of this 
        Act.
    (h) Floor Stocks Tax.--
            (1) Imposition of tax.--In the case of aviation fuel which 
        is held on January 1, 2010, by any person, there is hereby 
        imposed a floor stocks tax on aviation fuel equal to--
                    (A) the tax which would have been imposed before 
                such date on such fuel had the amendments made by this 
                section been in effect at all times before such date, 
                reduced by
                    (B) the sum of--
                            (i) the tax imposed before such date on 
                        such fuel under section 4081 of the Internal 
                        Revenue Code of 1986, as in effect on such 
                        date, and
                            (ii) in the case of kerosene held 
                        exclusively for such person's own use, the 
                        amount which such person would (but for this 
                        clause) reasonably expect (as of such date) to 
                        be paid as a refund under section 6427(l) of 
                        such Code with respect to such kerosene.
            (2) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding aviation 
                fuel on January 1, 2010, shall be liable for such tax.
                    (B) Time and method of payment.--The tax imposed by 
                paragraph (1) shall be paid on April 30, 2010, and in 
                such manner as the Secretary of the Treasury shall 
                prescribe.
            (3) Transfer of floor stock tax revenues to trust funds.--
        For purposes of determining the amount transferred to the 
        Airport and Airway Trust Fund, the tax imposed by this 
        subsection shall be treated as imposed by the provision of 
        section 4081 of the Internal Revenue Code of 1986 which applies 
        with respect to the aviation fuel involved.
            (4) Definitions.--For purposes of this subsection--
                    (A) Aviation fuel.--The term ``aviation fuel'' 
                means aviation-grade kerosene and aviation gasoline, as 
                such terms are used within the meaning of section 4081 
                of the Internal Revenue Code of 1986.
                    (B) Held by a person.--Aviation fuel shall be 
                considered as held by a person if title thereto has 
                passed to such person (whether or not delivery to the 
                person has been made).
                    (C) Secretary.--The term ``Secretary'' means the 
                Secretary of the Treasury or the Secretary's delegate.
            (5) Exception for exempt uses.--The tax imposed by 
        paragraph (1) shall not apply to any aviation fuel held by any 
        person exclusively for any use to the extent a credit or refund 
        of the tax is allowable under the Internal Revenue Code of 1986 
        for such use.
            (6) Exception for certain amounts of fuel.--
                    (A) In general.--No tax shall be imposed by 
                paragraph (1) on any aviation fuel held on January 1, 
                2010, by any person if the aggregate amount of such 
                aviation fuel held by such person on such date does not 
                exceed 2,000 gallons. The preceding sentence shall 
                apply only if such person submits to the Secretary (at 
                the time and in the manner required by the Secretary) 
                such information as the Secretary shall require for 
                purposes of this subparagraph.
                    (B) Exempt fuel.--For purposes of subparagraph (A), 
                there shall not be taken into account any aviation fuel 
                held by any person which is exempt from the tax imposed 
                by paragraph (1) by reason of paragraph (6).
                    (C) Controlled groups.--For purposes of this 
                subsection--
                            (i) Corporations.--
                                    (I) In general.--All persons 
                                treated as a controlled group shall be 
                                treated as 1 person.
                                    (II) Controlled group.--The term 
                                ``controlled group'' has the meaning 
                                given to such term by subsection (a) of 
                                section 1563 of such Code; except that 
                                for such purposes the phrase ``more 
                                than 50 percent'' shall be substituted 
                                for the phrase ``at least 80 percent'' 
                                each place it appears in such 
                                subsection.
                            (ii) Nonincorporated persons under common 
                        control.--Under regulations prescribed by the 
                        Secretary, principles similar to the principles 
                        of subparagraph (A) shall apply to a group of 
                        persons under common control if 1 or more of 
                        such persons is not a corporation.
            (7) Other laws applicable.--All provisions of law, 
        including penalties, applicable with respect to the taxes 
        imposed by section 4081 of such Code on the aviation fuel 
        involved shall, insofar as applicable and not inconsistent with 
        the provisions of this subsection, apply with respect to the 
        floor stock taxes imposed by paragraph (1) to the same extent 
        as if such taxes were imposed by such section.

            Passed the House of Representatives May 21, 2009.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H. R. 915

_______________________________________________________________________

                                 AN ACT

To amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 2010 through 2012, 
to improve aviation safety and capacity, to provide stable funding for 
         the national aviation system, and for other purposes.
```