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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. 
‘‘§ 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 pas-
senger 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.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for sub-
title 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 sub-
sections (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 chap-
ter 423 of title 49, United States Code, as added by this 
section, shall begin to apply 60 days after the date of en-
actment 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 insert-
ing the following: 
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‘‘(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 de-
termines 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 ex-
ceeds the benefit for a period of 18 months 
after such determination is made. 
‘‘(C) USE OF EXCESS FUNDS.—If the Sec-
retary 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 insert-
ing the following: 
‘‘(2) GENERAL AUTHORITY.—The Secretary’’. 
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(1) Section 47124(b)(3)(E) is amended to read 
as follows: 
‘‘(E) FUNDING.—Of the amounts appro-
priated 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 Sec-
retary finds that all or part of an amount made 
available under this subparagraph is not re-
quired 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).’’. 
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HR 915 RFS 
(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 assess-
ments 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 approxi-
mately 1,400,000 members who are stationed on ac-
tive duty at more than 6,000 military bases in 146 
different countries; 
(2) the United States is indebted to the mem-
bers of the Armed Forces, many of whom are in 
grave danger due to their engagement in, or expo-
sure 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; 
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(4) the unique demands of military service often 
preclude members of the Armed Forces from pur-
chasing discounted advance airline tickets in order 
to visit their loved ones at home and require mem-
bers 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 Con-
gress 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, mod-
ify, or cancel tickets without time restrictions, fees, 
and penalties and waive baggage fees for a minimum 
of 3 bags. 
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SEC. 412. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR-
TICIPATION 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 IN-
CREASED 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 en-
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actment of this Act, to be ineligible for subsidized air serv-
ice 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 TERMI-
NATION OF ELIGIBILITY FOR SUBSIDIZED ES-
SENTIAL 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 TERMI-
NATION OF ELIGIBILITY.— 
‘‘(1) IN GENERAL.—The Secretary shall notify 
each community receiving basic essential air service 
for which compensation is being paid under this sub-
chapter on or before the 45th day before issuing any 
final decision to end the payment of such compensa-
tion 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 di-
rectly with an air carrier to ensure that the air car-
rier is able to submit a proposal to the Secretary to 
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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 compensa-
tion that could be provided under this sub-
chapter to an air carrier serving such commu-
nity that would comply with the subsidy cap. 
‘‘(4) SUBSIDY
CAP
DEFINED.—In this sub-
section, the term ‘subsidy cap’ means the subsidy 
cap established by section 332 of Public Law 106– 
69, including any increase to that subsidy cap estab-
lished by the Secretary pursuant to the FAA Reau-
thorization Act of 2009.’’. 
SEC. 415. RESTORATION OF ELIGIBILITY TO A PLACE DE-
TERMINED BY THE SECRETARY TO BE INELI-
GIBLE 
FOR 
SUBSIDIZED 
ESSENTIAL 
AIR 
SERVICE. 
Section 41733 (as amended by section 413 of this 
Act) is further amended by adding at the end the fol-
lowing: 
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‘‘(g) PROPOSALS OF STATE AND LOCAL GOVERN-
MENTS 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 Sec-
retary 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 essen-
tial air service program, 
the Secretary shall issue an order restoring the eligi-
bility of the otherwise eligible place to receive basic 
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essential air service by an air carrier for compensa-
tion 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: 
‘‘§ 41749. Office of Rural Aviation 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish within the Department of Transpor-
tation an office to be known as the ‘Office of Rural Avia-
tion’ (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 Sec-
retary considers appropriate.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 417 is amended by adding at the 
end the following: 
‘‘41749. Office of Rural Aviation.’’. 
SEC. 417. ADJUSTMENTS TO COMPENSATION FOR SIGNIFI-
CANTLY INCREASED COSTS. 
(a) 
EMERGENCY
ACROSS-THE-BOARD
ADJUST-
MENT.—Subject to the availability of funds, the Secretary 
may increase the rates of compensation payable to air car-
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