156 
because the information leads FAA investiga-
tors to look for similar violations at other enti-
ties; and 
(D) there is any evidence that voluntary 
disclosure has improved compliance with regula-
tions, 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 Trans-
portation 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 ‘‘sched-
uled’’ and inserting ‘‘passenger’’; and 
(2) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) SMOKING PROHIBITION IN INTRASTATE AND 
INTERSTATE TRANSPORTATION BY AIRCRAFT.—An indi-
vidual may not smoke in an aircraft—
157 
‘‘(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 com-
pensation, if a flight attendant is a required crew-
member on the aircraft (as determined by the Ad-
ministrator 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 pro-
hibit smoking in an aircraft— 
‘‘(1) in scheduled passenger foreign air trans-
portation; 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 chap-
ter 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.—
158 
‘‘(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 re-
quired to file a monthly airline service quality per-
formance report under subsection (b) shall be sub-
ject 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;
159 
‘‘(vi) the time, if any, passengers 
deplaned the aircraft at the diverted air-
port; and 
‘‘(vii) if the flight arrives at the sched-
uled 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 de-
parture— 
‘‘(i) the flight number of the cancelled 
flight; 
‘‘(ii) the scheduled origin and destina-
tion airports of the cancelled flight; 
‘‘(iii) the date and time of the can-
celled flight; 
‘‘(iv) the gate-departure time of the 
cancelled flight; and 
‘‘(v) the time the aircraft returned to 
the gate.
160 
‘‘(4) PUBLICATION.—The Secretary shall com-
pile 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 Transpor-
tation 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 AIR-
PORT. 
(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 EXEMP-
TIONS.—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 fol-
lowing: 
‘‘(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,
161 
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 fol-
lowing: 
‘‘(e) SCHEDULING PRIORITY.—Operations conducted 
by new entrant air carriers and limited incumbent air car-
riers shall be afforded a scheduling priority over oper-
ations conducted by other air carriers granted exemptions 
pursuant to this section, with the highest scheduling pri-
ority to be afforded to beyond-perimeter operations con-
ducted 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 subpara-
graph (B);
162 
(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 Sec-
retary 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 improv-
ing on-time performance, reducing the number of 
flight cancellations, establishing reasonable fares (in-
cluding joint fares beyond the hub airport), estab-
lishing convenient connections to flights providing 
service beyond hub airports, and increasing mar-
keting efforts; and 
‘‘(E) include provisions under which the Sec-
retary 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 pub-
lic interest to do so.’’. 
(b) DEADLINE FOR ISSUANCE OF REVISED GUID-
ANCE.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary of Transportation shall 
issue revised guidelines governing the rate of compensa-
tion payable under subchapter II of chapter 417 of title
163 
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 Rep-
resentatives 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 sub-
chapter 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 ap-
propriated out of the Airport and Airway Trust Fund 
$150,000,000’’. 
(b) DISTRIBUTION OF EXCESS FUNDS.— 
(1) IN GENERAL.—Section 41742(a) is amend-
ed by adding at the end the following: 
‘‘(4) DISTRIBUTION
OF
EXCESS
FUNDS.—Of 
the funds, if any, credited to the account established
164 
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 im-
mediately for obligation and expenditure to 
carry out section 41743; and 
‘‘(B) one-half shall be made available im-
mediately for obligation and expenditure to 
carry out subsection (b).’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
41742(b) is amended— 
(A) in the first sentence by striking ‘‘mon-
eys credited’’ and all that follows before ‘‘shall 
be used’’ and inserting ‘‘amounts made avail-
able 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 subpara-
graph (D); 
(2) in subparagraph (E) by striking ‘‘fashion.’’ 
and inserting ‘‘fashion; and’’; and 
(3) by adding at the end the following:
165 
‘‘(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 insert-
ing 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. 
‘‘§ 42301. Emergency contingency plans 
‘‘(a) SUBMISSION OF AIR CARRIER AND AIRPORT 
PLANS.—Not later than 90 days after the date of enact-
ment of this section, each air carrier providing covered air 
transportation at a large hub airport or medium hub air-
port and each operator of a large hub airport or medium 
hub airport shall submit to the Secretary of Transpor-
tation 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
166 
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 cov-
ered 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;
167 
‘‘(B) allow passengers to deplane following 
excessive delays; and 
‘‘(C) share facilities and make gates avail-
able 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 emer-
gency; and 
‘‘(2) in the case of an airport that is used by 
an air carrier or foreign air carrier for flights in for-
eign air transportation, a description of how the air-
port 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 up-
date the emergency contingency plan submitted by 
the air carrier under subsection (a) every 3 years
168 
and submit the update to the Secretary for review 
and approval. 
‘‘(2) AIRPORTS.—An airport operator shall up-
date the emergency contingency plan submitted by 
the airport operator under subsection (a) every 5 
years and submit the update to the Secretary for re-
view and approval. 
‘‘(f) APPROVAL.— 
‘‘(1) IN GENERAL.—Not later than 9 months 
after the date of enactment of this section, the Sec-
retary shall review and approve or require modifica-
tions 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 as-
sess 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 es-
tablish, as necessary or desirable, minimum standards for 
elements in an emergency contingency plan required to be 
submitted under this section.
169 
‘‘(h) PUBLIC ACCESS.—An air carrier or airport re-
quired 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. 
‘‘§ 42302. Consumer complaints 
‘‘(a) CONSUMER COMPLAINTS HOTLINE TELEPHONE 
NUMBER.—The Secretary of Transportation shall estab-
lish 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 sub-
section (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
170 
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 re-
main available until expended. 
‘‘§ 42303. Use of insecticides in passenger aircraft 
‘‘(a) INFORMATION TO BE PROVIDED ON THE INTER-
NET.—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 for-
eign air transportation to that country or to apply an aer-
osol insecticide in an aircraft cabin used for such a flight 
when the cabin is occupied with passengers. 
‘‘(b) REQUIRED DISCLOSURES.—An air carrier, for-
eign 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
171 
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.’’.
172 
(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:
174 
(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).’’.
175 
(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;
176 
(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.
177 
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-
178 
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
179 
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:
180 
‘‘(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
181 
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-
182 
riers under subchapter II of chapter 417 of title 49, 
United States Code, to compensate such carriers for in-
creased aviation fuel costs, without regard to any agree-
ment or requirement relating to the renegotiation of con-
tracts or any notice requirement under section 41734 of 
such title. 
(b) EXPEDITED PROCESS FOR ADJUSTMENTS TO IN-
DIVIDUAL CONTRACTS.— 
(1) IN GENERAL.—Section 41734(d) of title 49, 
United States Code, is amended by striking ‘‘con-
tinue to pay’’ and all that follows through ‘‘com-
pensation 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, CAN-
CELLATIONS, AND ASSOCIATED CAUSES. 
(a) REVIEW.—The Inspector General of the Depart-
ment 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 Can-
cellations’’.
183 
(b) ASSESSMENTS.—In conducting the review under 
subsection (a), the Inspector General shall assess— 
(1) the need for an update on delay and can-
cellation statistics, such as number of chronically de-
layed 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 pro-
grams that could be implemented to address the im-
pact of flight delays on air travelers; and 
(5) the effect that limited air carrier service op-
tions 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 sub-
mit to the Committee on Transportation and Infrastruc-
ture 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).
184 
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 com-
pensation 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 regula-
tions based on costs to the air carriers, preferences of pas-
sengers for compensation or other consideration, and 
forms of compensation. In conducting the study, the 
Comptroller General shall also take into account the dif-
ferences 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 con-
sumer protection (in this section referred to as the ‘‘advi-
sory committee’’) to advise the Secretary in carrying out
185 
air passenger service improvements, including those re-
quired 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 pur-
suant to section 42301 of such title. 
(3) Two representatives of State and local gov-
ernments who have expertise in aviation consumer 
protection matters. 
(4) Two representatives of nonprofit public in-
terest groups who have expertise in aviation con-
sumer protection matters. 
(c) VACANCIES.—A vacancy in the advisory com-
mittee 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 ac-
cordance with subchapter I of chapter 57 of title 5, United 
States Code.
186 
(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 pro-
tection programs and providing recommendations for 
the improvement of such programs, if needed. 
(2) Providing recommendations to establish ad-
ditional 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 con-
taining— 
(1) each recommendation made by the advisory 
committee during the preceding calendar year; and 
(2) an explanation of how the Secretary has im-
plemented each recommendation and, for each rec-
ommendation not implemented, the Secretary’s rea-
son 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 pro-
187 
vided for denied boarding compensation and issue a regu-
lation 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 Fed-
eral Aviation Administration determines that: (1) the air-
craft operations of air carriers during any hour at an air-
port exceeds the hourly maximum departure and arrival 
rate established by the Administrator for such operations;
188 
and (2) the operations in excess of the maximum depar-
ture 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 con-
vene 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 ar-
rival rate. 
(b) NO AGREEMENT.—If the air carriers partici-
pating 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 re-
duction 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 oper-
ations of air carriers at such an airport exceed the hourly 
maximum departure and arrival rate at any such airport.
189 
SEC. 424. EXPANSION OF DOT AIRLINE CONSUMER COM-
PLAINT INVESTIGATIONS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary of Transportation shall inves-
tigate consumer complaints regarding— 
(1) flight cancellations; 
(2) compliance with Federal regulations con-
cerning overbooking seats on flights; 
(3) lost, damaged, or delayed baggage, and dif-
ficulties 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, over-
charges, 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 esti-
mate of resources which would have been sufficient to in-
vestigate all such claims the Department of Transpor-
tation received in the previous fiscal year. The annex shall 
be transmitted to Congress when the President submits
190 
the budget of the United States to the Congress under 
section 1105 of title 31, United States Code. 
SEC. 425. PROHIBITIONS AGAINST VOICE COMMUNICA-
TIONS USING MOBILE COMMUNICATIONS DE-
VICES 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: 
‘‘§ 41724. Prohibitions against voice communications 
using mobile communications devices on 
scheduled flights 
‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR-
TATION.— 
‘‘(1) IN GENERAL.—An individual may not en-
gage in voice communications using a mobile com-
munications 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.—
191 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require all air carriers and foreign air 
carriers to adopt the prohibition described in sub-
section (a) with respect to the operation of an air-
craft in scheduled passenger foreign air transpor-
tation. 
‘‘(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 alter-
native prohibition on voice communications using a 
mobile communications device during flight is nego-
tiated by the Secretary with such foreign govern-
ment through bilateral negotiations. 
‘‘(c) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) FLIGHT.—The term ‘flight’ means the pe-
riod beginning when an aircraft takes off and ending 
when an aircraft lands. 
‘‘(2) VOICE COMMUNICATIONS USING A MOBILE 
COMMUNICATIONS DEVICE.—
192 
‘‘(A) INCLUSIONS.—The term ‘voice com-
munications using a mobile communications de-
vice’ 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 in-
clude voice communications using a phone in-
stalled 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 sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘41724. Prohibitions against voice communications using mobile communica-
tions devices on scheduled flights.’’.
193 
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 inter-
national 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 anti-
trust 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 anti-
trust 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 re-
spect to the hub airports at which the alliances oper-
ate that have resulted in increased costs for con-
195 
connection with international alliances should be 
treated as mergers, and therefore be exclusively sub-
ject to a traditional merger analysis by the Attorney 
General and be subject to advance notification re-
quirements 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, mod-
ify, 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 wheth-
er there should be changes in the authority of the Sec-
retary under title 49, United States Code, or policy
196 
changes that the Secretary can implement administra-
tively, with respect to approving international alliances 
and granting exemptions from the antitrust laws in con-
nection with such international alliances. 
(d) 
ADOPTION
OF
RECOMMENDED
POLICY 
CHANGES.—Not later than one year after the date of re-
ceipt of the report under subsection (c), and after pro-
viding notice and an opportunity for public comment, the 
Secretary shall issue a written determination as to wheth-
er the Secretary will adopt the policy changes, if any, rec-
ommended 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 alli-
ances. 
(e) SUNSET PROVISION.— 
(1) IN GENERAL.—An exemption from the anti-
trust 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 inter-
national alliance, including an exemption granted be-
fore the date of enactment of this Act, shall cease 
to be effective after such last day unless the exemp-
tion is renewed by the Secretary.
197 
(2) TIMING
FOR
RENEWALS.—The Secretary 
may not renew an exemption under paragraph (1) 
before the date on which the Secretary issues a writ-
ten determination under subsection (d). 
(3) STANDARDS
FOR
RENEWALS.—The Sec-
retary 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 defi-
nitions 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 agree-
ment between an air carrier and a foreign air carrier 
to provide foreign air transportation subject to ap-
198 
proval 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: 
‘‘§ 41725. Musical instruments 
‘‘(a) IN GENERAL.— 
‘‘(1) INSTRUMENTS IN THE PASSENGER COM-
PARTMENT.—An air carrier providing air transpor-
tation shall permit a passenger to carry a musical 
instrument in the aircraft passenger compartment in 
a closet, baggage, or cargo stowage compartment ap-
proved by the Administrator without charge if— 
‘‘(A) the instrument can be stowed in ac-
cordance with the requirements for carriage of 
carry-on baggage or cargo set forth by the Ad-
ministrator of the Federal Aviation Administra-
tion; and 
‘‘(B) there is space for such stowage on 
the aircraft.
199 
‘‘(2) LARGE INSTRUMENTS IN THE PASSENGER 
COMPARTMENT.—An air carrier providing air trans-
portation shall permit a passenger to carry a musi-
cal instrument in the aircraft passenger compart-
ment that is too large to be secured in a closet, bag-
gage, 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 in-
strument 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;
200 
‘‘(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 ac-
cordance 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 car-
rier from limiting its liability for carrying a musical 
instrument or requiring a passenger to purchase in-
surance 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 en-
actment of this Act.
201 
TITLE 
V—ENVIRONMENTAL 
STEWARDSHIP AND STREAM-
LINING 
SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PRO-
GRAM. 
Section 40128 is amended— 
(1) in subsection (a)(1)(C) by inserting ‘‘or vol-
untary 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 para-
graph (1), a national park that has 50 or fewer 
commercial air tour flights a year shall be ex-
empt from the requirements of this section, ex-
cept as provided in subparagraph (B). 
‘‘(B) WITHDRAWAL
OF
EXEMPTION.—If 
the Director determines that an air tour man-
agement plan or voluntary agreement is nec-
essary to protect park resources and values or 
park visitor use and enjoyment, the Director 
shall withdraw the exemption of a park under 
subparagraph (A).
205 
‘‘(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-
206 
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.
207 
‘‘(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:
208 
‘‘(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;
209 
‘‘(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
210 
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. 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 Sec-
211 
retary 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 likeli-
hood 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 resi-
dential properties in the noise impact area sur-
rounding the airport that the Secretary decides 
is adversely affected by airport noise, if— 
‘‘(I) the residential properties are 
within airport noise contours prepared by
212 
the airport owner or operator using the 
Secretary’s methodology and guidance, and 
the noise contours have been found accept-
able by the Secretary; 
‘‘(II) the residential properties cannot 
be removed from airport noise contours for 
at least a 5-year period by changes in air-
port configuration or flight procedures; 
‘‘(III) the land use jurisdiction has 
taken, or will take, appropriate action, in-
cluding the adoption of zoning laws, to the 
extent reasonable to restrict the use of 
land to uses that are compatible with nor-
mal 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 fur-
ther 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
213 
residences in the 65 DNL area suffer the greatest 
noise impact. 
‘‘(2) ANALYSIS
FROM
COMPTROLLER
GEN-
ERAL.—Prior to making a final decision on the cri-
teria required by paragraph (1), the Secretary shall 
develop proposed criteria and obtain an analysis 
from the Comptroller General as to the reasonable-
ness and validity of the criteria. 
‘‘(3) PRIORITY.—If the Secretary determines 
that the grants likely to be awarded under sub-
section (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 IMPLE-
MENTATION PARTNERSHIP. 
(a) COOPERATIVE AGREEMENT.—Subchapter I of 
chapter 475 is amended by adding at the end the fol-
lowing: 
‘‘§ 47511. CLEEN research, development, and imple-
mentation partnership 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration, in coordination with the Ad-
214 
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-
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
215 
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) $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
216 
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 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. 
‘‘(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
217 
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. 
‘‘(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
218 
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 
(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.’’.
219 
SEC. 509. 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— 
(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
220 
(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: 
(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligi-
ble consortium’’ means a consortium of 2 or more of 
the following entities: 
(A) A business incorporated in the United 
States.
221 
(B) A public or private educational or re-
search organization located in the United 
States. 
(C) An entity of a State or local govern-
ment. 
(D) A Federal laboratory. 
(2) ENVIRONMENTAL MITIGATION DEMONSTRA-
TION PROJECT.—The term ‘‘environmental mitiga-
tion demonstration project’’ means a project that— 
(A) demonstrates at a public-use airport 
environmental mitigation techniques or tech-
nologies with associated benefits, which have al-
ready been proven in laboratory demonstra-
tions; 
(B) utilizes methods for efficient adapta-
tion or integration of innovative concepts to air-
port operations; and 
(C) demonstrates whether a technique or 
technology for environmental mitigation identi-
fied 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
222 
water quality impacts in measurably sig-
nificant 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 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. 
(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.
223 
(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 
for not implementing such measures at other air-
ports; and 
(4) such other information as the Secretary 
considers appropriate.
224 
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 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. 512. 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 
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—
225 
(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. 
(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-
226 
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. 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 contami-
nants in the bleed air fraction of the total air sup-
plied to the passenger cabin and flight deck.
227 
(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 nec-
essary 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 De-
cember 7, 1944 (TIAS 1591; commonly known as 
‘‘Chicago Convention’’), and other relevant air serv-
ices agreements and antithetical to building inter-
national cooperation to address effectively the prob-
lem 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-
228 
dressing 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 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, 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 Admin-
istration and the Massachusetts Port Authority are com-
plying with the requirements of the Federal Aviation Ad-
ministration’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.
229 
SEC. 517. WESTCHESTER COUNTY AIRPORT, NEW YORK. 
(a) RULEMAKING.—The Administrator of the Fed-
eral Aviation Administration shall conduct a rulemaking 
proceeding to determine whether Westchester County Air-
port should be authorized to limit aircraft operations be-
tween 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
230 
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 
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 
attempt to reach such agreement in ac-
231 
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. 
‘‘(ii) APPOINTMENT OF ARBITRATION 
BOARD.—The Executive Director of the
232 
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. 
‘‘(iv) 
HEARINGS.—The 
arbitration 
board shall give the parties a full and fair
233 
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.— 
‘‘(A) ENFORCEMENT ACTIONS IN UNITED 
STATES COURTS.—Each United States district
234 
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 
States Code, shall be null and void and the parties shall 
be governed by their last mutual agreement before the im-
235 
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-
ministration who received lump sum payments prior to 
their separation from the Administration. 
(d) BACK PAY.—
236 
(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. 
(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
237 
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. MERIT SYSTEM PRINCIPLES AND PROHIBITED 
PERSONNEL PRACTICES. 
Section 40122(g)(2)(A) is amended to read as fol-
lows: 
‘‘(A) sections 2301 and 2302, relating to 
merit system principles and prohibited per-
sonnel practices, including the provisions for in-
vestigation 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 subpara-
graph (G); 
(2) by striking the period at the end of sub-
paragraph (H) and inserting ‘‘; and’’; and
238 
(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 com-
menced 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 ac-
tions of the Federal Aviation Administration 
under section 5596 of such title occurring be-
fore 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 Administra-
tion occurring before the date of enactment of this 
Act, shall be limited to cases in which— 
(A) the Board, before such date of enact-
ment, found that the Federal Aviation Adminis-
tration committed an unjustified or unwar-
ranted personnel action but ruled that the
239 
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 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;
240 
(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; 
(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
241 
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. 
(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) 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 Ad-
ministration. 
(4) REPORT.—Not later than one year after the 
initiation of the arrangements under subsection (a),
242 
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 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— 
(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; 
(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
243 
designees meet the Administration’s performance 
standards; and 
(4) an assessment of the Administration’s orga-
nizational 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 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 
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
244 
of safety critical positions in the Flight Standards Service 
and Aircraft Certification Service for a fiscal year com-
mensurate 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 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) $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 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.
245 
(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, en-
gineers, Chief Scientist Technical Advisors, safety 
technical specialists, and operational support posi-
tions 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 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.
246 
(b) CONSULTATION.—In conducting the study, the 
National Academy of Sciences shall consult with the exclu-
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
247 
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 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
248 
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 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
249 
Commerce, Science, and Transportation of the Senate a 
report on the results of the study. 
SEC. 611. 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
250 
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
251 
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—
252 
(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.
253 
(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,
254 
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—
255 
(1) by striking ‘‘September 30, 2009’’ and in-
serting ‘‘September 30, 2012’’; and 
(2) by striking ‘‘December 31, 2009’’ and in-
serting ‘‘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.
256 
‘‘(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 ‘‘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 car-
rier’’.
257 
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,
258 
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
259 
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;
260 
‘‘(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.’’.
261 
(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’’.
262 
(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
263 
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.
264 
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-
265 
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— 
(1) the Administrator of the FAA; 
(2) 2 representatives of air carriers;
266 
(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-
267 
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) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) FAA.—The term ‘‘FAA’’ means the Fed-
eral Aviation Administration.
268 
(2) REALIGNMENT; CONSOLIDATION.— 
(A) IN
GENERAL.—The terms ‘‘realign-
ment’’ 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 in-
clude a reduction in personnel resulting from 
workload adjustments. 
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
269 
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. 
‘‘(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.’’.
270 
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— 
(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-
271 
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. 
(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,
272 
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 
Lost Nation Airport, but in no event may the Fed-
eral share of the grant exceed $1,220,000. 
(3) APPROVAL.—The Secretary may make a 
grant under this subsection only if the Secretary re-
ceives such written assurances as the Secretary may 
require under section 47107 of title 49, United 
States Code, with respect to the grant and Lost Na-
tion Airport. 
(c) TREATMENT OF PROCEEDS FROM SALE.—The 
Secretary may grant to the city of Willoughby an exemp-
tion 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 Ad-
ministration to the extent necessary to allow the city of
273 
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 Pol-
lock, Louisiana (in this section referred to as the 
‘‘airport’’), has never been included in the National 
Plan of Integrated Airport Systems pursuant to sec-
tion 47103 of title 49, United States Code, and is 
therefore not considered necessary to meet the cur-
rent 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 sub-
ject to the requirements of this section, the Adminis-
trator 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
274 
(B) release the town from any term, condi-
tion, reservation, or restriction contained in a 
surplus property conveyance or transfer docu-
ment, and from any order or finding by the De-
partment of Transportation on the use and re-
payment of airport revenue applicable to the 
airport, that would otherwise prevent the clo-
sure of the airport and redevelopment of the fa-
cilities to nonaeronautical uses. 
(2) CONTINUED AIRPORT OPERATION PRIOR TO 
APPROVAL.—The town of Pollock shall continue to 
operate and maintain the airport until the Adminis-
trator grants the town’s request for closure of the 
airport. 
(3) USE
OF
PROCEEDS
FROM
SALE
OF
AIR-
PORT.—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 pro-
ceeds from the sale of the airport property to the 
sponsor of a public airport designated by the Admin-
istrator to be used for the development or improve-
ment of such airport.
275 
(4) RELOCATION OF AIRCRAFT.—Before closure 
of the airport, the town of Pollock shall provide ade-
quate 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
276 
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 spe-
cific changes to the Washington, DC, Air Defense Identi-
fication 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 provi-
sion 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 cer-
tain 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 Manage-
ment, 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 Adminis-
277 
tration with respect to any land described in subsection 
(a) that is subsequently conveyed to or used by the De-
partment 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 recog-
nizes 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 Ad-
278 
ministration shall initiate a rulemaking proceeding for the 
following purposes: 
(1) To require a flight crewmember who is em-
ployed 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 pe-
riod 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 em-
ployed 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
279 
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 AIR-
PORT 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 sec-
tion 47102 of title 49, United States Code) that have a 
noise compatibility program approved by the Adminis-
trator under section 47504 of such title. 
(b) GRANTS.—Under the pilot program, the Adminis-
trator 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 plan-
ning described in section 47504(a)(2)(F) of such 
title), engineering design, and environmental permit-
ting for the assembly and redevelopment of real 
property purchased with noise mitigation funds 
made available under section 48103 or passenger fa-
cility revenues collected for the airport under section 
40117 of such title; and
280 
(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 af-
fected local jurisdiction to expedite their noise miti-
gation 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 de-
scribed 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 JURIS-
DICTION.—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.
281 
(e) UNITED STATES GOVERNMENT SHARE.— 
(1) IN GENERAL.—The United States Govern-
ment share of the allowable costs of a project carried 
out under the pilot program shall be 80 percent. 
(2) DETERMINATION.—In determining the al-
lowable 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 prop-
erty that is not owned or to be acquired by the air-
port 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 ex-
pended under this pilot program at any single pub-
lic-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 ac-
tions in descending order:
282 
(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 sec-
tion 47117(e) of title 49, United States Code; 
(C) reinvestment in an approved airport 
development project at the airport that is eligi-
ble for funding under section 47114, 47115, or 
47117 of such title; 
(D) reinvestment in approved noise com-
patibility 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
283 
by the operator under the pilot program that are not al-
lowable 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 subpara-
graph (D); 
(2) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(F) joint comprehensive land use plan-
ning, including master plans, traffic studies, en-
vironmental evaluation and economic and feasi-
bility studies, with neighboring local jurisdic-
tions undertaking community redevelopment in 
the area where any land or other property in-
284 
terest acquired by the airport operator under 
this subsection is located, to encourage and en-
hance redevelopment opportunities that reflect 
zoning and uses that will prevent the introduc-
tion of additional incompatible uses and en-
hance redevelopment potential.’’. 
SEC. 818. HELICOPTER OPERATIONS OVER LONG ISLAND 
AND STATEN ISLAND, NEW YORK. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on helicopter op-
erations over Long Island and Staten Island, New York. 
(b) CONTENTS.—In conducting the study, the Ad-
ministrator shall examine, at a minimum, the following: 
(1) The effect of helicopter operations on resi-
dential areas, including— 
(A) safety issues relating to helicopter op-
erations; 
(B) noise levels relating to helicopter oper-
ations 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.
285 
(4) The feasibility of establishing altitude limits 
for helicopter operations. 
(c) EXCEPTIONS.—Any determination under this sec-
tion on the feasibility of establishing limitations or restric-
tions for helicopter operations over Long Island and Stat-
en Island, New York, shall not apply to helicopters per-
forming 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 sub-
mit to Congress a report on the results of the study, in-
cluding information and recommendations concerning the 
issues examined under subsection (b). 
SEC. 819. CABIN TEMPERATURE AND HUMIDITY STAND-
ARDS 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 deter-
mine whether onboard temperature standards are nec-
essary to protect cabin and cockpit crew members and pas-
sengers on an aircraft of an air carrier used to provide
286 
air transportation from excessive heat and humidity on-
board 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 tempera-
ture and humidity of a representative sampling of 
different aircraft types and operations; 
(2) address the appropriate placement of tem-
perature monitoring devices onboard the aircraft to 
determine the most accurate measurement of on-
board temperature and humidity and develop a sys-
tem 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 on-
board temperature and humidity standards on the 
environment, fuel economy, and avionics and deter-
mine 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 Ad-
ministrator shall submit to Congress a report on the find-
ings of the study.
287 
SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS. 
Section 46301 is amended— 
(1) in subsection (a)(1)(A) by inserting ‘‘chap-
ter 451,’’ before ‘‘section 47107(b)’’; 
(2) in subsection (a)(5)(A)(i)— 
(A) by striking ‘‘or chapter 449’’ and in-
serting ‘‘chapter 449’’; and 
(B) by inserting after ‘‘44909)’’ the fol-
lowing: ‘‘, or chapter 451’’; and 
(3) in subsection (d)(2)— 
(A) by inserting after ‘‘44723)’’ the fol-
lowing: ‘‘, chapter 451 (except section 45107)’’; 
and 
(B) by inserting after ‘‘44909),’’ the fol-
lowing: ‘‘section 45107 or’’. 
SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGES-
TION. 
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 strat-
egies to alleviate congestion in the national airspace at air-
ports during peak travel times, by evaluating the effective-
ness of reducing flight schedules and staggering flights, 
developing incentives for airlines to reduce the number of 
flights offered, and instituting slots and quotas at air-
ports. In addition, the Comptroller General shall compare
288 
the efficiency of implementing the strategies in the pre-
ceding 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 an-
nual recurring training for flight attendants and gate at-
tendants 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 EN-
GINE ON WIND TURBINE INSTALLATION OB-
STRUCTION. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall carry out a study on the feasi-
bility of developing a publicly searchable, Internet Web- 
based resource that provides information regarding the ac-
ceptable height and distance that wind turbines may be 
installed in relation to aviation sites and the level of ob-
struction such turbines may present to such sites.
289 
(b) CONSIDERATIONS.—In conducting the study, the 
Administrator shall consult, if appropriate, with the Secre-
taries of the Army, Navy and Air Force, Homeland Secu-
rity, Agriculture, and Energy to coordinate the require-
ments 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 SIG-
NALS.—In conducting the study, the Administrator shall 
consider the impact of the operation of wind turbines, indi-
vidually and in collections, on radar signals and evaluate 
the feasibility of providing quantifiable measures of num-
bers of turbines and distance from radars that are accept-
able. 
(d) REPORT.—Not later than one year after the date 
of enactment of this Act, the Secretary shall submit a re-
port on the results of the study to the Committee on 
Transportation and Infrastructure, Committee on Home-
land 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
290 
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 Avia-
tion 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 renew-
able 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 reloca-
tion of FAA radars, when appropriate, and testing and 
deployment of alternate solutions, as necessary.
291 
(e) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to affect the 
authority of the Administrator to issue hazard determina-
tions. 
SEC. 825. WIND TURBINE LIGHTING. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on wind turbine 
lighting systems. 
(b) CONTENTS.—In conducting the study, the Ad-
ministrator shall examine the following: 
(1) The effect of wind turbine lighting on resi-
dential areas. 
(2) The safety issues associated with alternative 
lighting strategies, technologies, and regulations. 
(3) Potential energy savings associated with al-
ternative lighting strategies, technologies, and regu-
lations. 
(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
292 
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 phys-
ical 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 pro-
tection of the law.
293 
SEC. 829. COLLEGE POINT MARINE TRANSFER STATION, 
NEW YORK. 
(a) FINDING.—Congress finds that the Federal Avia-
tion 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 state-
ments 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 Proce-
dures Memorandum—Airports Division’’, Number 
5300.1B, dated Feb. 5, 1999. 
(b) DESIGNATION OF TRANSFER STATION AS HAZ-
ARD TO AIR NAVIGATION.—The Administrator of the Fed-
eral 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
294 
training and certification programs. The study shall in-
clude 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 re-
gional 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 in-
struction; 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—
295 
(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 Comp-
troller General shall conduct with United States air 
carriers, pilot organizations, the National Transpor-
tation Safety Board, the Federal Aviation Adminis-
tration, and such other parties as the Comptroller 
General determines appropriate; and 
(3) such other matters as the Comptroller Gen-
eral 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 Rep-
resentatives, and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the results 
of the study, together with the findings and recommenda-
tions 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,
296 
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 Sec-
retary under the subsection (a) shall be subject to the fol-
lowing 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 develop-
ment, 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 Adminis-
tration shall take such actions as may be necessary to en-
sure 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,
297 
2009, includes an operating terminal radar approach con-
trol. 
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, Cali-
fornia, 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 Re-
search and Development Reauthorization Act of 2009’’. 
SEC. 902. DEFINITIONS. 
As used in this title, the following definition apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Aviation Administration. 
(2) FAA.—The term ‘‘FAA’’ means the Fed-
eral Aviation Administration. 
(3) NASA.—The term ‘‘NASA’’ means the Na-
tional Aeronautics and Space Administration. 
(4) NATIONAL RESEARCH COUNCIL.—The term 
‘‘National Research Council’’ means the National
298 
Research Council of the National Academies of 
Science and Engineering. 
(5) NOAA.—The term ‘‘NOAA’’ means the Na-
tional Oceanic and Atmospheric Administration. 
(6) NSF.—The term ‘‘NSF’’ means the Na-
tional Science Foundation. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 903. INTERAGENCY RESEARCH INITIATIVE ON THE IM-
PACT OF AVIATION ON THE CLIMATE. 
(a) IN GENERAL.—The Administrator, in coordina-
tion 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 war-
ranted, 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 Fed-
eral entities shall jointly develop a plan for the research 
program that contains the objectives, proposed tasks, mile-
stones, 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 tech-
nology demonstrations related to—
299 
(1) improved runway surfaces; and 
(2) engineered material restraining systems for 
runways at both general aviation airports and air-
ports with commercial air carrier operations. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary 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, pro-
posed tasks, milestones, and five-year budgetary profile. 
(c) REVIEW.—The Administrator shall have the Na-
tional 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
300 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, 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 indi-
vidual 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 Tech-
nology and the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate at the time of the President’s budget request a re-
port that lists— 
(1) the research projects that have been initi-
ated by each Center of Excellence in the preceding 
year;
301 
(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;
302 
(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-
303 
radation of existing levels of safety for all national 
airspace system users.’’. 
SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UN-
DERGRADUATE 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 univer-
sities, and Alaska Native and Native Hawaiian serving in-
stitutions in conducting research by undergraduate stu-
dents 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 under-
graduate research with other research supported by 
the FAA; 
(3) research on future training requirements re-
lated to projected changes in regulatory require-
ments for aircraft maintenance and power plant li-
censees; and 
(4) research on the impact of new technologies 
and procedures, particularly those related to aircraft 
flight deck and air traffic management functions,
304 
and on training requirements for pilots and air traf-
fic 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 Adminis-
trator, 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 un-
leaded aviation fuel. 
(b) ROADMAP.—Not later than 120 days after the 
date of enactment of this Act, the Administrator shall de-
velop a research and development roadmap for the pro-
gram 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 Representa-
305 
tives 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 re-
view of the FAA’s energy- and environment-related re-
search 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 pro-
grams of NASA, NOAA, and other relevant agen-
cies; 
(3) the programs have allocated appropriate re-
sources 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 certifi-
cation activities. 
(b) REPORT.—A report containing the results of the 
review shall be provided to the Committee on Science and
306 
Technology of the House of Representatives and the Com-
mittee 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 RE-
SEARCH 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 re-
sources 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 proce-
dures and certification activities in a timely manner. 
(b) AVIATION SAFETY-RELATED RESEARCH PRO-
GRAMS TO BE ASSESSED.—The FAA aviation safety-re-
lated research programs to be assessed under the review 
shall include, at a minimum, the following:
307 
(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—safe-
ty. 
(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 re-
search. 
(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 sub-
mit to Congress a report on the results of the review. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts authorized to be appropriated by the 
amendments made by this Act, there is authorized to be
308 
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 Transpor-
tation shall conduct a research program related to devel-
oping jet fuel from alternative sources (such as coal, nat-
ural gas, biomass, ethanol, butanol, and hydrogen) 
through grants or other measures authorized under sec-
tion 106(l)(6) of such title, including reimbursable agree-
ments with other Federal agencies. 
(b) PARTICIPATION
BY
EDUCATIONAL
AND
RE-
SEARCH 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 tech-
nology 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 de-
scribed in subsection (a) as a Center of Excellence for Al-
ternative Jet Fuel Research.
309 
SEC. 914. CENTER FOR EXCELLENCE IN AVIATION EMPLOY-
MENT. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish a Center for Excellence in Aviation Employment 
(in this section referred to as the ‘‘Center’’). 
(b) APPLIED RESEARCH AND TRAINING.—The Cen-
ter shall conduct applied research and training on— 
(1) human performance in the air transpor-
tation 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 com-
prehensive, 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 quali-
fied employees and incorporate an employee value 
proposition process that results in attracting a
310 
broad-based and diverse aviation workforce in mis-
sion critical positions, including air traffic controller, 
aviation safety inspector, airway transportation safe-
ty specialist, and engineer; 
(3) through industry surveys and other research 
methodologies 
and 
in 
partnership 
with 
the 
‘‘Taskforce on the Future of the Aerospace Work-
force’’ and the Secretary of Labor, establish a base-
line of general aviation employment statistics for 
purposes of projecting and anticipating future work-
force needs and demonstrating the economic impact 
of general aviation employment; 
(4) conduct a comprehensive analysis of the air-
frame and powerplant technician certification proc-
ess 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 high-
ly skilled mechanics into aviation employment. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator
311 
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.—Subpara-
graph (A) of section 4081(a)(2) of the Internal Rev-
enue 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 fol-
lowing new clause: 
‘‘(iv) in the case of aviation-grade ker-
osene, 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’’.
312 
(3) FUEL
REMOVED
DIRECTLY
INTO
FUEL 
TANK OF AIRPLANE USED IN NONCOMMERCIAL AVIA-
TION.—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 avia-
tion-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—
313 
(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 ‘‘gal-
lon—’’ 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
314 
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 ‘‘avia-
tion-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
315 
under section 4081(a)(2)(A)(iv) (4.3 cents per gallon 
with respect to any sale or use for commercial avia-
tion).’’. 
(e) REFUNDS RELATING TO AVIATION-GRADE KER-
OSENE.— 
(1) KEROSENE
USED
IN
COMMERCIAL
AVIA-
TION.—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 re-
designating subparagraph (C) as subparagraph 
(B), and 
(B) by amending subparagraph (B), as re-
designated by subparagraph (A), to read as fol-
lows: 
‘‘(B) PAYMENTS
TO
ULTIMATE, 
REG-
ISTERED VENDOR.—With respect to any ker-
osene 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
316 
paragraph (1) and assigns such right to the ul-
timate vendor, then the Secretary shall pay 
(without interest) the amount which would be 
paid under paragraph (1) to such ultimate ven-
dor, but only if such ultimate vendor— 
‘‘(i) is registered under section 4101, 
and 
‘‘(ii) meets the requirements of sub-
paragraph (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
KER-
OSENE NOT USED IN AVIATION.—If tax has been im-
posed 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 im-
posed under section 4041 if no tax under section 
4081 had been imposed.’’.
317 
(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 in-
serting ‘‘6427(l)(6)(B)’’. 
(f) AIRPORT AND AIRWAY TRUST FUND.— 
(1) EXTENSION
OF
TRUST
FUND
AUTHORI-
TIES.— 
(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
318 
(ii) by inserting ‘‘or the FAA Reau-
thorization Act of 2009’’ before the semi-
colon 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.—Subpara-
graph (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 RE-
FUNDS.— 
(A) IN GENERAL.—Subsection (d) of sec-
tion 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
319 
at the end of subparagraph (D) and insert-
ing a comma, and by inserting after sub-
paragraph (D) the following: 
‘‘(E) section 4081 to the extent attrib-
utable 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
320 
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
CON-
TROL
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 es-
timates 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 commer-
cial 
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).
321 
‘‘(B) Any amounts credited to the Airport 
and Airway Trust Fund under section 9602(b) 
with respect to amounts described in this para-
graph.’’. 
(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 avia-
tion 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 amend-
ments 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 In-
322 
ternal Revenue Code of 1986, as in effect 
on such date, and 
(ii) in the case of kerosene held exclu-
sively 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 PAY-
MENT.— 
(A) LIABILITY FOR TAX.—A person hold-
ing 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
REVE-
NUES TO TRUST FUNDS.—For purposes of deter-
mining the amount transferred to the Airport and 
Airway Trust Fund, the tax imposed by this sub-
section shall be treated as imposed by the provision 
of section 4081 of the Internal Revenue Code of
323 
1986 which applies with respect to the aviation fuel 
involved. 
(4) DEFINITIONS.—For purposes of this sub-
section— 
(A) AVIATION FUEL.—The term ‘‘aviation 
fuel’’ means aviation-grade kerosene and avia-
tion gasoline, as such terms are used within the 
meaning of section 4081 of the Internal Rev-
enue 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 al-
lowable under the Internal Revenue Code of 1986 
for such use. 
(6) EXCEPTION
FOR
CERTAIN
AMOUNTS
OF 
FUEL.—
324 
(A) IN
GENERAL.—No tax shall be im-
posed 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 Sec-
retary) such information as the Secretary shall 
require for purposes of this subparagraph. 
(B) EXEMPT FUEL.—For purposes of sub-
paragraph (A), there shall not be taken into ac-
count any aviation fuel held by any person 
which is exempt from the tax imposed by para-
graph (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 sub-
section (a) of section 1563 of such
325 
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 ap-
pears in such subsection. 
(ii) 
NONINCORPORATED
PERSONS 
UNDER COMMON CONTROL.—Under regula-
tions prescribed by the Secretary, prin-
ciples similar to the principles of subpara-
graph (A) shall apply to a group of per-
sons 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 sub-
section, 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 author-
ize appropriations for the Federal Aviation Ad-
ministration for fiscal years 2010 through 2012, 
to improve aviation safety and capacity, to pro-
vide stable funding for the national aviation sys-
tem, and for other purposes.