160 
‘‘(C) LIST OF PARKS.—The Director shall 
inform the Administrator, in writing, of each 
determination under subparagraph (B). The Di-
rector and Administrator shall publish an an-
nual 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 re-
quirements of this section shall submit to the 
Administrator and the Director an annual re-
port 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 oper-
ator that has interim operating authority) that 
has applied to conduct air tour operations over 
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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 nec-
essary 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 vol-
untary agreement; and 
‘‘(iii) provide for fees for such oper-
ations. 
‘‘(C) PUBLIC.—The Director and the Ad-
ministrator shall provide an opportunity for 
public review of a proposed voluntary agree-
ment under this paragraph and shall consult 
with any Indian tribe whose tribal lands are, or 
may be, flown over by a commercial air tour op-
erator under a voluntary agreement under this 
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paragraph. After such opportunity for public re-
view and consultation, the voluntary agreement 
may be implemented without further adminis-
trative or environmental process beyond that 
described in this subsection. 
‘‘(D) TERMINATION.—A voluntary agree-
ment 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 Ad-
ministrator determines that the agreement is 
adversely affecting aviation safety or the na-
tional 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 in-
terim operating authority without further envi-
ronmental review beyond that described in this 
section if— 
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‘‘(i) adequate information regarding 
the operator’s existing and proposed oper-
ations under the interim operating author-
ity 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 pro-
fessional expertise regarding the protection 
of the park resources and values and vis-
itor 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 oper-
ator’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 avia-
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164 
tion safety or the air traffic control sys-
tem; and 
‘‘(iii) the Director agrees, based on 
the Director’s professional expertise re-
garding the protection of park resources 
and values and visitor use and enjoy-
ment.’’; 
(6) by redesignating subsections (d), (e), and 
(f) as subsections (e), (f), and (g), respectively; and 
(7) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) COMMERCIAL
AIR
TOUR
OPERATOR
RE-
PORTS.— 
‘‘(1) REPORT.—Each commercial air tour oper-
ator 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 op-
erations over each national park and such other in-
formation as the Administrator and Director may 
request in order to facilitate administering the provi-
sions of this section. 
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‘‘(2) REPORT SUBMISSION.—Not later than 3 
months after the date of enactment of the FAA Re-
authorization Act of 2009, the Administrator and 
Director shall jointly issue an initial request for re-
ports under this subsection. The reports shall be 
submitted to the Administrator and Director on a 
frequency and in a format prescribed by the Admin-
istrator 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 ‘‘regula-
tions’’ 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 environ-
mental requirements’’. 
(c) ENVIRONMENTAL ANALYSIS AND COORDINATION 
REQUIREMENTS.—Section 47128 is amended by adding at 
the end the following: 
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‘‘(d) ENVIRONMENTAL ANALYSIS
AND COORDINA-
TION REQUIREMENTS.—A Federal agency, other than the 
Federal Aviation Administration, that is responsible for 
issuing an approval, license, or permit to ensure compli-
ance 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 RE-
VIEWS. 
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; 
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‘‘(3) to conduct special studies or reviews to 
support approved noise compatibility measures de-
scribed in part 150 of title 14, Code of Federal Reg-
ulations; or 
‘‘(4) to conduct special studies or reviews to 
support environmental mitigation in a record of deci-
sion or finding of no significant impact by the Fed-
eral 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 PROCE-
DURES.— 
‘‘(1) IN
GENERAL.—In accordance with sub-
section (c)(1), the Secretary may make a grant to an 
airport operator to assist in completing environ-
mental review and assessment activities for pro-
posals 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, includ-
ing funds provided to the operator under paragraph 
(1), to hire additional staff or obtain the services of 
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consultants in order to facilitate the timely proc-
essing, review, and completion of environmental ac-
tivities 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 COL-
LECTIONS.—Notwithstanding section 3302 of title 
31, any funds accepted under this section— 
‘‘(A) shall be credited as offsetting collec-
tions 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 ex-
pended.’’. 
SEC. 505. CLEEN RESEARCH, DEVELOPMENT, AND IMPLE-
MENTATION PARTNERSHIP. 
(a) COOPERATIVE AGREEMENT.—Subchapter I of 
chapter 475 is amended by adding at the end the fol-
lowing: 
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‘‘§ 47511. CLEEN research, development, and imple-
mentation partnership 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration, in coordination with the Ad-
ministrator of the National Aeronautics and Space Admin-
istration, shall enter into a cooperative agreement, using 
a competitive process, with an institution, entity, or con-
sortium to carry out a program for the development, ma-
turing, 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 Adminis-
trator of the Federal Aviation Administration, in coordina-
tion 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 tech-
nology that reduces fuel burn by 33 percent com-
pared to current technology, reducing energy con-
sumption and greenhouse gas emissions. 
‘‘(2) Development of certifiable engine tech-
nology that reduces landing and takeoff cycle nitro-
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gen oxide emissions by 60 percent, at a pressure 
ratio of 30, over the International Civil Aviation Or-
ganization standard adopted at the 6th Meeting of 
the Committee on Aviation Environmental Protec-
tion, with commensurate reductions over the full 
pressure ratio range, while limiting or reducing 
other gaseous or particle emissions. 
‘‘(3) Development of certifiable aircraft tech-
nology that reduces noise levels by 32 Effective Per-
ceived 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 ret-
rofit or re-engine aircraft to increase the integration 
of retrofitted and re-engined aircraft into the com-
mercial fleet. 
‘‘(d) FUNDING.—Of amounts appropriated under sec-
tion 48102(a), not more than the following amounts may 
be used to carry out this section: 
‘‘(1) $20,000,000 for fiscal year 2009. 
‘‘(2) $25,000,000 for fiscal year 2010. 
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‘‘(3) $33,000,000 for fiscal year 2011. 
‘‘(4) $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. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT 
WEIGHING 75,000 POUNDS OR LESS NOT COM-
PLYING WITH STAGE 3 NOISE LEVELS. 
(a) IN GENERAL.—Subchapter II of chapter 475 is 
amended by adding at the end the following: 
‘‘§ 47534. Prohibition on operating certain aircraft 
weighing 75,000 pounds or less not com-
plying with stage 3 noise levels 
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), (c), or (d), after December 31, 2013, a person 
may not operate a civil subsonic jet airplane with a max-
imum weight of 75,000 pounds or less, and for which an 
airworthiness certificate (other than an experimental cer-
tificate) 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. 
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‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 
aircraft operated only outside the 48 contiguous States. 
‘‘(c) EXCEPTIONS.—The Secretary may allow tem-
porary 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 cir-
cumstances: 
‘‘(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 leas-
ing the aircraft from the owner or return the air-
craft 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. 
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‘‘(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 Administra-
tion, 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 in-
serting ‘‘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 
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(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. 507. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation 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 Sec-
retary 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 ap-
plicants for participation in the program, the Secretary 
shall give priority consideration to applicants proposing to 
carry out environmental mitigation demonstration projects 
that will— 
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(1) achieve the greatest reductions in aircraft 
noise, airport emissions, or airport water quality im-
pacts 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 provi-
sion of subchapter I of chapter 471 of such title, the 
United States Government share of allowable project costs 
of an environmental mitigation demonstration project car-
ried out under this section shall be 50 percent. 
(f) MAXIMUM AMOUNT.—The Secretary may not 
make grants for a single environmental mitigation dem-
onstration 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 en-
vironmental 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 air-
ports. 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
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(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 sig-
nificant amounts. 
SEC. 508. 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 Administra-
tion 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 Sec-
retary 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 re-
duced fuel, reduced emissions, or other environmental ben-
efits per dollar of funds expended under the pilot program. 
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(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 Sec-
retary 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 envi-
ronmental benefits, and any impacts on safety, ca-
pacity, or efficiency of the air traffic control system 
or the airports at which affected aircraft were oper-
ating; 
(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, meth-
odologies, and procedures developed under the pilot 
program at other airports or the Secretary’s reasons 
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for not implementing such measures at other air-
ports; and 
(4) such other information as the Secretary 
considers appropriate. 
SEC. 509. 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 incorpora-
tion 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 envi-
ronmental 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. 510. REGULATORY RESPONSIBILITY FOR AIRCRAFT 
ENGINE NOISE AND EMISSIONS STANDARDS. 
(a) INDEPENDENT REVIEW.—The Administrator of 
the FAA shall make appropriate arrangements for the Na-
tional Academy of Public Administration or another quali-
fied independent entity to review, in consultation with the 
FAA and the EPA, whether it is desirable to locate the 
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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 con-
ducted so as to take into account— 
(1) the interrelationships between aircraft en-
gine noise and emissions; 
(2) the need for aircraft engine noise and emis-
sions 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 per-
formance 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 respon-
sibilities 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. 
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(c) REPORT
TO
CONGRESS.—Not later than 6 
months after the date of enactment of this Act, the Ad-
ministrator 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 descrip-
tion of the steps and timeline for implementation of the 
transfer. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) EPA.—The term ‘‘EPA’’ means the Envi-
ronmental Protection Agency. 
(2) FAA.—The term ‘‘FAA’’ means the Fed-
eral Aviation Administration. 
SEC. 511. CONTINUATION OF AIR QUALITY SAMPLING. 
The Administrator of the Federal Aviation Adminis-
tration shall complete the air quality studies and analysis 
started pursuant to section 815 of the Vision 100—Cen-
tury of Aviation Reauthorization Act (49 U.S.C. 40101 
note; 117 Stat. 2592), including the collection of samples 
of the air onboard passenger aircraft by flight attendants 
and the testing and analyzation of such samples for con-
taminants. 
SEC. 512. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(1) the proposed European Union directive ex-
tending the European Union’s emissions trading 
proposal to international civil aviation without work-
ing through the International Civil Aviation Organi-
zation (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; com-
monly known as ‘‘Chicago Convention’’), and other 
relevant air services agreements and antithetical to 
building international cooperation to address effec-
tively 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 ad-
dressing aircraft greenhouse gas emissions through 
the ICAO. 
SEC. 513. 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, 
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for the airports that the Port Authority operates as of No-
vember 2, 2009. In undertaking the study, the Port Au-
thority should pay particular attention to the impact of 
noise on affected neighborhoods, including homes, busi-
nesses, and places of worship surrounding LaGuardia Air-
port and JFK Airport. 
TITLE VI—FAA EMPLOYEES AND 
ORGANIZATION 
SEC. 
601. 
FEDERAL 
AVIATION 
ADMINISTRATION 
PER-
SONNEL 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 rep-
resentative of the employees, the Administrator 
and the bargaining representative— 
‘‘(i) shall use the services of the Fed-
eral Mediation and Conciliation Service to 
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attempt to reach such agreement in ac-
cordance with part 1425 of title 29, Code 
of Federal Regulations (as in effect on the 
date of enactment of the FAA Reauthor-
ization Act of 2009); or 
‘‘(ii) may by mutual agreement adopt 
alternative procedures for the resolution of 
disputes or impasses arising in the negotia-
tion 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 re-
ferred 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 bind-
ing arbitration by a private arbitration 
board consisting of 3 members. 
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‘‘(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 se-
lect one person from the list. The 2 arbi-
trators 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 al-
ternately striking names on the list until 
one arbitrator remains. 
‘‘(iii) 
FRAMING
ISSUES
IN
CON-
TROVERSY.—If the parties do not agree on 
the framing of the issues to be submitted 
for arbitration, the arbitration board shall 
frame the issues. 
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‘‘(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 representa-
tive as they may elect. 
‘‘(v) 
DECISIONS.—The 
arbitration 
board shall render its decision within 90 
days after the date of its appointment. De-
cisions 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 de-
cided by an arbitration board, shall be subject to 
ratification by the exclusive bargaining representa-
tive of the employees, if so requested by the bar-
gaining representative, and approval by the head of 
the agency in accordance with the provisions re-
ferred to in subsection (g)(2)(C). 
‘‘(4) ENFORCEMENT.— 
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‘‘(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 Administra-
tion reasonable attorney fees and other litiga-
tion costs reasonably incurred in any case 
under this section in which the complainant has 
substantially prevailed.’’. 
(b) APPLICATION.—On and after the date of enact-
ment of this Act, any changes implemented by the Admin-
istrator 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 Adminis-
tration certified under section 7111 of title 5, United 
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States Code, shall be null and void and the parties shall 
be governed by their last mutual agreement before the im-
plementation 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 adopt-
ed by the Administrator and the bargaining representa-
tive. 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 para-
graphs (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 employ-
ees, 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 Ad-
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ministration 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 deter-
mined to be null and void under subsection (b) shall 
be eligible for pay that the employees would have re-
ceived under the last mutual agreement between the 
Administrator and the exclusive bargaining rep-
resentative of such employees before the date of en-
actment of this Act and any changes were imple-
mented without agreement of the bargaining rep-
resentative. The Administrator shall pay the employ-
ees such pay subject to the availability of amounts 
appropriated to carry out this subsection. If the ap-
propriated funds do not cover all claims of the em-
ployees for such pay, the Administrator and the bar-
gaining representative, pursuant to negotiations con-
ducted 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. 
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(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 bar-
gaining representative, and subsections (b) and (c) shall 
not take effect. 
SEC. 602. MSPB REMEDIAL AUTHORITY FOR FAA EMPLOY-
EES. 
Section 40122(g)(3) of title 49, United States Code, 
is amended by adding at the end the following: ‘‘Notwith-
standing any other provision of law, retroactive to April 
1, 1996, the Board shall have the same remedial authority 
over such employee appeals that it had as of March 31, 
1996.’’. 
SEC. 603. FAA TECHNICAL TRAINING AND STAFFING. 
(a) STUDY.— 
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(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 tech-
nologies; 
(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 ven-
dors; 
(E) identify the amount and cost of FAA 
systems specialists training provided by the Ad-
ministration after developing courses for the 
training of such specialists; 
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(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 Gen-
eral shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the re-
sults 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 Fed-
eral 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 esti-
mate staffing needs for FAA systems specialists to 
ensure proper maintenance and certification of the 
national airspace system. 
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(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 applica-
tion 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) 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. 604. 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 In-
frastructure of the House of Representatives and the Com-
mittee 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— 
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(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 re-
ferred to in the report of the Office as a result of 
such recommendations; and 
(3) an identification of further action that is 
needed to implement such recommendations, im-
prove the Administration’s management control of 
the designee programs, and increase assurance that 
designees meet the Administration’s performance 
standards. 
SEC. 605. STAFFING MODEL FOR AVIATION SAFETY INSPEC-
TORS. 
(a) IN GENERAL.—Not later than October 31, 2009, 
the Administrator of the Federal Aviation Administration 
shall develop a staffing model for aviation safety inspec-
tors. In developing the model, the Administrator shall fol-
low the recommendations outlined in the 2007 study re-
leased by the National Academy of Sciences entitled 
‘‘Staffing Standards for Aviation Safety Inspectors’’ and 
consult with interested persons, including the exclusive 
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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. 606. SAFETY CRITICAL STAFFING. 
(a) AVIATION SAFETY INSPECTORS.—The Adminis-
trator of the Federal Aviation Administration shall in-
crease the number of aviation safety inspectors, safety 
technical specialists, and operations support positions in 
the Flight Standard Service (as those terms are used in 
the Administration’s fiscal year 2009 congressional budget 
justification) each fiscal year commensurate with the 
funding levels provided in subsection (b) for such fiscal 
year. Such increases shall be measured relative to the 
number of persons serving in positions of aviation safety 
inspectors and safety technical specialists and in oper-
ational support positions as of September 30, 2008. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion 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) ø$¿ for fiscal year 2009; 
(2) ø$¿ for fiscal year 2010; 
(3) ø$¿ for fiscal year 2011; and 
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(4) ø$¿ 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 appro-
priated such sums as may be necessary to support the 
number of aviation safety inspectors, safety technical spe-
cialists, and operation support positions that such model 
determines are required to meet the responsibilities of the 
Flight Standards Service. 
SEC. 607. 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 Adminis-
tration 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 sys-
tem. 
(b) CONSULTATION.—In conducting the study, the 
National Academy of Sciences shall consult with the exclu-
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sive 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 In-
stitute. 
(c) CONTENTS.—The study shall include an examina-
tion of representative information on human factors, traf-
fic activity, and the technology and equipment used in air 
traffic control. 
(d) RECOMMENDATIONS AND ESTIMATES.—In con-
ducting 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 sys-
tem with current and future projected air traffic lev-
els; and 
(2) estimates of cost and schedule for the devel-
opment of such standards by the FAA or its con-
tractors. 
(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 
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the Committee on Commerce, Science, and Transportation 
of the Senate a report on the results of the study. 
SEC. 608. ASSESSMENT OF TRAINING PROGRAMS FOR AIR 
TRAFFIC CONTROLLERS. 
(a) STUDY.—The Administrator of the Federal Avia-
tion 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 Adminis-
tration transitions to the Next Generation Air 
Transportation System; and 
(4) an analysis of various training approaches 
available to satisfy the controller competencies iden-
tified 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 
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Commerce, Science, and Transportation of the Senate a 
report on the results of the study. 
SEC. 609. COLLEGIATE TRAINING INITIATIVE STUDY. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on training op-
tions 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 pro-
vided at the Mike Monroney Aeronautical Center of the 
Administration a new controller orientation session for 
graduates of such programs at the Mike Monroney Aero-
nautical Center followed by on-the-job training for newly 
hired air traffic controllers who are graduates of such pro-
gram 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 train-
ing 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 
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Commerce, Science, and Transportation of the Senate a 
report on the results of the study. 
SEC. 610. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA-
CILITY 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 re-
ferred 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 ap-
pointed 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 
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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, includ-
ing 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 des-
ignate, from among the individuals appointed under sub-
section (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 appro-
priate. 
(2) STAFF OF FEDERAL AGENCIES.—Upon re-
quest of the Chairperson of the Task Force, the 
head of any department or agency of the United 
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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 re-
quest 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 re-
quired by any statute of the United States to be kept con-
fidential 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 in-
formation to the Task Force. 
(f) DUTIES.— 
(1) STUDY.—The Task Force shall undertake a 
study of— 
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(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 Admin-
istration 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 effec-
tively and safely perform their duties; 
(D) the ability of managers and super-
visors of such employees to promptly document 
and seek remediation for unsafe facility condi-
tions; 
(E) whether employees of the Administra-
tion who report facility-related illnesses are 
treated fairly; 
(F) utilization of scientifically approved re-
mediation techniques in a timely fashion once 
hazardous conditions are identified in a facility 
of the Administration; and 
(G) resources allocated to facility mainte-
nance and renovation by the Administration. 
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(2) FACILITY CONDITION INDICIES (FCI).—The 
Task Force shall review the facility condition 
indicies of the Administration (in this section re-
ferred to as the ‘‘FCI’’) for inclusion in the rec-
ommendations 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 sci-
entifically approved remediation techniques in all fa-
cilities; and 
(3) assist the Administration in making pro-
grammatic 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 In-
frastructure 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, 
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205 
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 Admin-
istrator 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 Administra-
tion 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— 
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(1) by striking ‘‘March 31, 2009’’ and inserting 
‘‘September 30, 2012’’; and 
(2) by striking ‘‘May 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 spon-
sored risk retention or other risk-sharing ar-
rangement 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 Sec-
retary from the airline industry after Sep-
tember 22, 2001, for any policy under this 
subsection, and interest earned thereon, as 
determined by the Secretary, shall be 
transferred to an airline industry spon-
sored risk retention or other risk-sharing 
arrangement approved by the Secretary. 
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207 
‘‘(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 Sep-
tember 22, 2001, through December 
31, 2019; 
‘‘(II) the amount of any claims 
pending under such policies as of De-
cember 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 ‘‘May 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 car-
rier’’. 
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208 
SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS. 
Section 44308(c)(1) is amended in the second sen-
tence 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 FREE-
DOM OF INFORMATION ACT.—Section 552a of title 5, 
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209 
United States Code, shall not apply to disclosures 
that the Administrator of the Federal Aviation Ad-
ministration may make from the systems of records 
of the Administration to any Federal law enforce-
ment, intelligence, protective service, immigration, or 
national security official in order to assist the offi-
cial 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 add-
ing at the end the following: 
‘‘§ 40130. FAA access to criminal history records or 
databases systems 
‘‘(a) ACCESS
TO RECORDS
OR DATABASES SYS-
TEMS.— 
‘‘(1) 
ACCESS
TO
INFORMATION.—Notwith-
standing 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 
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210 
the national airspace system or to support the mis-
sions 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 Adminis-
trator 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 informa-
tion 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 em-
ployed by a State or local authority of that State 
who is certified or commissioned under the laws of 
that State; 
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211 
‘‘(2) use any radio, data link, or warning sys-
tem of the Federal Government, and of any jurisdic-
tion 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 author-
ity 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 ‘sys-
tem 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 Informa-
tion Center and its incorporated criminal history data-
bases and the National Law Enforcement Telecommuni-
cations System.’’. 
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212 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 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 sub-
section (d) by striking ‘‘AIR CARRIER’’ and inserting 
‘‘AIR CARRIER AND FOREIGN AIR CARRIER’’; 
(5) by striking ‘‘air carriers’’ each place it ap-
pears and inserting ‘‘air carriers or foreign air car-
riers’’; 
(6) by striking ‘‘air carrier’’ each place it ap-
pears and inserting ‘‘air carrier or foreign air car-
rier’’; and 
(7) by striking ‘‘air carrier’s’’ each place it ap-
pears and inserting ‘‘air carrier’s or foreign air car-
rier’s’’. 
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213 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 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 AIR-
PORT SYSTEMS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation 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 be-
tween 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 
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214 
discretionary grants during such fiscal years with 
capital needs as reported in the plan. 
(4) The effect of transfers of airport apportion-
ments 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 Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the re-
sults 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 indi-
vidual airports. 
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215 
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 em-
ployee 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 du-
ties for the express carrier that are eligible for such 
certification. All other employees of an express car-
rier shall be covered by the provisions of the Na-
tional 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 sec-
tion, the term ‘express carrier’ means any person (or 
persons affiliated through common control or owner-
ship) whose primary business is the express ship-
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216 
ment 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 FA-
CILITIES. 
(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 re-
ferred to as the ‘‘FAA’’) a working group to develop cri-
teria 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 com-
posed of, at a minimum— 
(1) the Administrator of the FAA; 
(2) 2 representatives of air carriers; 
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217 
(3) 2 representatives of the general aviation 
community; 
(4) 2 representatives of labor unions rep-
resenting employees who work at regional or field fa-
cilities of the FAA; and 
(5) 2 representatives of the airport community. 
(c) REPORT
TO
CONGRESS
CONTAINING
REC-
OMMENDATIONS OF THE WORKING GROUP.— 
(1) SUBMISSION.—Not later than 6 months 
after convening the working group, the Adminis-
trator shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a report con-
taining the criteria and recommendations developed 
by the working group under this section. 
(2) CONTENTS.—The report shall include a jus-
tification for each recommendation to consolidate or 
realign a service or facility (including a regional of-
fice) and a description of the costs and savings asso-
ciated with the consolidation or realignment. 
(d) PUBLIC NOTICE AND COMMENT.—The Adminis-
trator shall publish the report submitted under subsection 
(c) in the Federal Register and allow 45 days for the sub-
mission of public comments. In addition, the Adminis-
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218 
trator upon request shall hold a public hearing in a com-
munity 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 rec-
ommendation of the working group. 
(f) REPORT
TO
CONGRESS
CONTAINING
REC-
OMMENDATIONS
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 Adminis-
trator on realignment of services and facilities (including 
regional offices) of the FAA and copies of any public com-
ments and objections received by the Administrator under 
this section. 
(g) LIMITATION ON IMPLEMENTATION OF REALIGN-
MENTS AND CONSOLIDATIONS.—The Administrator may 
not realign or consolidate any services or facilities (includ-
ing regional offices) of the FAA before the Administrator 
has submitted the report under subsection (f). 
(h) FAA DEFINED.—In this section, the term 
‘‘FAA’’ means the Federal Aviation Administration. 
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219 
SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT IN-
SURANCE FOR NATIONAL TRANSPORTATION 
SAFETY BOARD EMPLOYEES. 
Section 1113 is amended by adding at the end the 
following: 
‘‘(i) ACCIDENTAL DEATH AND DISMEMBERMENT IN-
SURANCE.— 
‘‘(1) AUTHORITY
TO
PROVIDE
INSURANCE.— 
The Board may procure accidental death and dis-
memberment 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 cir-
cumstances, 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 recov-
ery based upon tort liability of the United States in 
connection with the injury or death resulting in the 
insurance payment. 
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‘‘(3) TREATMENT OF INSURANCE BENEFITS.— 
Any amounts paid under insurance coverage pro-
cured under this subsection shall not— 
‘‘(A) be considered additional pay or allow-
ances for purposes of section 5536 of title 5; or 
‘‘(B) offset any benefits an employee may 
have as a result of government service, includ-
ing compensation under chapter 81 of title 5. 
‘‘(4) ENTITLEMENT TO OTHER INSURANCE.— 
Nothing in this subsection shall be construed as af-
fecting the entitlement of an employee to insurance 
under section 8704(b) of title 5.’’. 
SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE IN-
DUSTRY IN INTERNATIONAL CHILD ABDUC-
TION CASES. 
(a) STUDY.—The Comptroller General shall conduct 
a study to help determine how the Federal Aviation Ad-
ministration (in this section referred to as the ‘‘FAA’’) 
could better ensure the collaboration and cooperation of 
air carriers and foreign air carriers providing air transpor-
tation and relevant Federal agencies to develop and en-
force child safety control for adults traveling internation-
ally with children. 
(b) CONTENTS.—In conducting the study, the Comp-
troller General shall examine— 
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221 
(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 inter-
national 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 les-
sons learned from the assessment of current prac-
tices and procedures of air carriers, foreign air car-
riers, and operators of other transportation modes 
that could improve the ability of the aviation com-
munity to ensure the safety of children traveling 
internationally with adults and, as appropriate, en-
hance the capability of air carriers and foreign air 
carriers to cooperate in the investigations of inter-
national child abduction cases; and 
(4) any liability issues associated with providing 
assistance in such investigations. 
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222 
(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 Trans-
portation 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 require-
ments for sponsorship of the airport; and 
(2) Lake County agrees to assume the obliga-
tions and assurances of the grant agreements relat-
ing 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 accord-
ance 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 per-
cent of the cost of Lake County’s purchase of the 
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244 
(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 re-
search 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 pro-
gram’’ and inserting ‘‘expiration of the pilot 
program’’; and 
(B) by striking ‘‘program, including rec-
ommendations as to the need for establishing a 
permanent airport cooperative research pro-
gram’’ 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; 
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245 
(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 un-
manned aircraft that would endanger other aircraft 
in the national airspace system.’’. 
(b) SYSTEMS, PROCEDURES, FACILITIES, AND DE-
VICES.—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 deg-
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