In the Senate of the United States, 
March 22 (legislative day, March 19), 2010. 
Resolved, That the bill from the House of Representa-
tives (H.R. 1586) entitled ‘‘An Act to impose an additional 
tax on bonuses received from certain TARP recipients.’’, do 
pass with the following 
AMENDMENTS: 
Strike out all after the enacting clause and insert: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘FAA Air Transportation Modernization and Safety Im-
provement Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendments to title 49, United States Code. 
Sec. 3. Effective date. 
TITLE I—AUTHORIZATIONS 
Sec. 101. Operations. 
Sec. 102. Air navigation facilities and equipment. 
Sec. 103. Research and development. 
Sec. 104. Airport planning and development and noise compatibility planning 
and programs.
HR 1586 EAS 
Sec. 105. Other aviation programs. 
Sec. 106. Delineation of Next Generation Air Transportation System projects. 
Sec. 107. Funding for administrative expenses for airport programs. 
TITLE II—AIRPORT IMPROVEMENTS 
Sec. 201. Reform of passenger facility charge authority. 
Sec. 202. Passenger facility charge pilot program. 
Sec. 203. Amendments to grant assurances. 
Sec. 204. Government share of project costs. 
Sec. 205. Amendments to allowable costs. 
Sec. 206. Sale of private airport to public sponsor. 
Sec. 207. Government share of certain air project costs. 
Sec. 207(b). Prohibition on use of passenger facility charges to construct bicycle 
storage facilities. 
Sec. 208. Miscellaneous amendments. 
Sec. 209. State block grant program. 
Sec. 210. Airport funding of special studies or reviews. 
Sec. 211. Grant eligibility for assessment of flight procedures. 
Sec. 212. Safety-critical airports. 
Sec. 213. Environmental mitigation demonstration pilot program. 
Sec. 214. Allowable project costs for airport development program. 
Sec. 215. Glycol recovery vehicles. 
Sec. 216. Research improvement for aircraft. 
Sec. 217. United States Territory minimum guarantee. 
Sec. 218. Merrill Field Airport, Anchorage, Alaska. 
Sec. 219. Release from restrictions. 
Sec. 220. Designation of former military airports. 
Sec. 221. Airport sustainability planning working group. 
Sec. 222. Inclusion of measures to improve the efficiency of airport buildings in 
airport improvement projects. 
Sec. 223. Study on apportioning amounts for airport improvement in proportion 
to amounts of air traffic. 
TITLE III—AIR TRAFFIC CONTROL MODERNIZATION AND FAA 
REFORM 
Sec. 301. Air Traffic Control Modernization Oversight Board. 
Sec. 302. NextGen management. 
Sec. 303. Facilitation of next generation air traffic services. 
Sec. 304. Clarification of authority to enter into reimbursable agreements. 
Sec. 305. Clarification to acquisition reform authority. 
Sec. 306. Assistance to other aviation authorities. 
Sec. 307. Presidential rank award program. 
Sec. 308. Next generation facilities needs assessment. 
Sec. 309. Next generation air transportation system implementation office. 
Sec. 310. Definition of air navigation facility. 
Sec. 311. Improved management of property inventory. 
Sec. 312. Educational requirements. 
Sec. 313. FAA personnel management system. 
Sec. 314. Acceleration of NextGen technologies. 
Sec. 315. ADS–B development and implementation. 
Sec. 316. Equipage incentives. 
Sec. 317. Performance metrics. 
Sec. 318. Certification standards and resources. 
Sec. 319. Report on funding for NextGen technology.
HR 1586 EAS 
Sec. 320. Unmanned aerial systems. 
Sec. 321. Surface Systems Program Office. 
Sec. 322. Stakeholder coordination. 
Sec. 323. FAA task force on air traffic control facility conditions. 
Sec. 324. State ADS–B equipage bank pilot program. 
Sec. 325. Implementation of Inspector General ATC recommendations. 
Sec. 326. Semiannual report on status of Greener Skies project. 
Sec. 327. Definitions. 
Sec. 328. Financial incentives for Nextgen Equipage. 
TITLE IV—AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE 
IMPROVEMENTS 
SUBTITLE A—CONSUMER PROTECTION 
Sec. 401. Airline customer service commitment. 
Sec. 402. Publication of customer service data and flight delay history. 
Sec. 403. Expansion of DOT airline consumer complaint investigations. 
Sec. 404. Establishment of advisory committee for aviation consumer protection. 
Sec. 405. Disclosure of passenger fees. 
Sec. 406. Disclosure of air carriers operating flights for tickets sold for air trans-
portation. 
Sec. 407. Notification requirements with respect to the sale of airline tickets. 
SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL COMMUNITIES 
Sec. 411. EAS connectivity program. 
Sec. 412. Extension of final order establishing mileage adjustment eligibility. 
Sec. 413. EAS contract guidelines. 
Sec. 414. Conversion of former EAS airports. 
Sec. 415. EAS reform. 
Sec. 416. Small community air service. 
Sec. 417. EAS marketing. 
Sec. 418. Rural aviation improvement. 
Sec. 419. Repeal of essential air service local participation program. 
SUBTITLE C—MISCELLANEOUS 
Sec. 431. Clarification of air carrier fee disputes. 
Sec. 432. Contract tower program. 
Sec. 433. Airfares for members of the Armed Forces. 
Sec. 434. Authorization of use of certain lands in the Las Vegas McCarran Inter-
national Airport Environs Overlay District for transient lodging 
and associated facilities. 
TITLE V—SAFETY 
SUBTITLE A—AVIATION SAFETY 
Sec. 501. Runway safety equipment plan. 
Sec. 502. Judicial review of denial of airman certificates. 
Sec. 503. Release of data relating to abandoned type certificates and supple-
mental type certificates. 
Sec. 504. Design organization certificates. 
Sec. 505. FAA access to criminal history records or database systems. 
Sec. 506. Pilot fatigue.
HR 1586 EAS 
Sec. 507. Increasing safety for helicopter and fixed wing emergency medical serv-
ice operators and patients. 
Sec. 508. Cabin crew communication. 
Sec. 509. Clarification of memorandum of understanding with OSHA. 
Sec. 510. Acceleration of development and implementation of required navigation 
performance approach procedures. 
Sec. 511. Improved safety information. 
Sec. 512. Voluntary disclosure reporting process improvements. 
Sec. 513. Procedural improvements for inspections. 
Sec. 514. Independent review of safety issues. 
Sec. 515. National review team. 
Sec. 516. FAA Academy improvements. 
Sec. 517. Reduction of runway incursions and operational errors. 
Sec. 518. Aviation safety whistleblower investigation office. 
Sec. 519. Modification of customer service initiative. 
Sec. 520. Headquarters review of air transportation oversight system database. 
Sec. 521. Inspection of foreign repair stations. 
Sec. 522. Non-certificated maintenance providers. 
SUBTITLE B—FLIGHT SAFETY 
Sec. 551. FAA pilot records database. 
Sec. 552. Air carrier safety management systems. 
Sec. 553. Secretary of Transportation responses to safety recommendations. 
Sec. 554. Improved Flight Operational Quality Assurance, Aviation Safety Ac-
tion, and Line Operational Safety Audit programs. 
Sec. 555. Re-evaluation of flight crew training, testing, and certification require-
ments. 
Sec. 556. Flightcrew member mentoring, professional development, and leader-
ship. 
Sec. 557. Flightcrew member screening and qualifications. 
Sec. 558. Prohibition on personal use of certain devices on flight deck. 
Sec. 559. Safety inspections of regional air carriers. 
Sec. 560. Establishment of safety standards with respect to the training, hiring, 
and operation of aircraft by pilots. 
Sec. 561. Oversight of pilot training schools. 
Sec. 562. Enhanced training for flight attendants and gate agents. 
Sec. 563. Definitions. 
Sec. 564. Study of air quality in aircraft cabins. 
TITLE VI—AVIATION RESEARCH 
Sec. 601. Airport cooperative research program. 
Sec. 602. Reduction of noise, emissions, and energy consumption from civilian 
aircraft. 
Sec. 603. Production of alternative fuel technology for civilian aircraft. 
Sec. 604. Production of clean coal fuel technology for civilian aircraft. 
Sec. 605. Advisory committee on future of aeronautics. 
Sec. 606. Research program to improve airfield pavements. 
Sec. 607. Wake turbulence, volcanic ash, and weather research. 
Sec. 608. Incorporation of unmanned aircraft systems into FAA plans and poli-
cies. 
Sec. 609. Reauthorization of center of excellence in applied research and training 
in the use of advanced materials in transport aircraft. 
Sec. 610. Pilot program for zero emission airport vehicles. 
Sec. 611. Reduction of emissions from airport power sources.
HR 1586 EAS 
Sec. 612. Siting of windfarms near FAA navigational aides and other assets. 
Sec. 613. Research and development for equipment to clean and monitor the en-
gine and APU bleed air supplied on pressurized aircraft. 
TITLE VII—MISCELLANEOUS 
Sec. 701. General authority. 
Sec. 702. Human intervention management study. 
Sec. 703. Airport program modifications. 
Sec. 704. Miscellaneous program extensions. 
Sec. 705. Extension of competitive access reports. 
Sec. 706. Update on overflights. 
Sec. 707. Technical corrections. 
Sec. 708. FAA technical training and staffing. 
Sec. 709. Commercial air tour operators in national parks. 
Sec. 710. Phaseout of Stage 1 and 2 aircraft. 
Sec. 711. Weight restrictions at Teterboro Airport. 
Sec. 712. Pilot program for redevelopment of airport properties. 
Sec. 713. Transporting musical instruments. 
Sec. 714. Recycling plans for airports. 
Sec. 715. Disadvantaged Business Enterprise Program adjustments. 
Sec. 716. Front line manager staffing. 
Sec. 717. Study of helicopter and fixed wing air ambulance services. 
Sec. 718. Repeal of certain limitations on Metropolitan Washington Airports Au-
thority. 
Sec. 719. Study of aeronautical mobile telemetry. 
Sec. 720. Flightcrew member pairing and crew resource management techniques. 
Sec. 721. Consolidation or elimination of obsolete, redundant, or otherwise unnec-
essary reports; use of electronic media format. 
Sec. 722. Line check evaluations. 
Sec. 723. Report on Newark Liberty Airport air traffic control tower. 
Sec. 724. Priority review of construction projects in cold weather States. 
Sec. 725. Air-rail codeshare study. 
Sec. 726. On-going monitoring of and report on the New York/New Jersey/Phila-
delphia Metropolitan Area Airspace Redesign. 
Sec. 727. Study on aviation fuel prices. 
Sec. 728. Land conveyance for Southern Nevada Supplemental Airport. 
Sec. 729. Clarification of requirements for volunteer pilots operating charitable 
medical flights. 
Sec. 730. Cylinders of compressed oxygen, nitrous oxide, or other oxidizing gases. 
Sec. 731. Technical correction. 
Sec. 732. Plan for flying scientific instruments on commercial flights. 
TITLE VIII—AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND 
RELATED TAXES 
Sec. 800. Amendment of 1986 Code. 
Sec. 801. Extension of taxes funding Airport and Airway Trust Fund. 
Sec. 802. Extension of Airport and Airway Trust Fund expenditure authority. 
Sec. 803. Modification of excise tax on kerosene used in aviation. 
Sec. 804. Air traffic control system modernization account. 
Sec. 805. Treatment of fractional aircraft ownership programs. 
Sec. 806. Termination of exemption for small aircraft on nonestablished lines. 
Sec. 807. Transparency in passenger tax disclosures.
HR 1586 EAS 
TITLE IX—BUDGETARY EFFECTS 
Sec. 901. Budgetary effects. 
TITLE X—RESCISSION OF UNUSED TRANSPORTATION EARMARKS 
AND GENERAL REPORTING REQUIREMENT 
Sec. 1001. Definition. 
Sec. 1002. Rescission. 
Sec. 1003. Agency wide identification and reports. 
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of 
an amendment to, or a repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 49, United States Code. 
SEC. 3. EFFECTIVE DATE. 
Except as otherwise expressly provided, this Act and 
the amendments made by this Act shall take effect on the 
date of enactment of this Act. 
TITLE I—AUTHORIZATIONS 
SEC. 101. OPERATIONS. 
Section 106(k)(1) is amended by striking subpara-
graphs (A) through (E) and inserting the following: 
‘‘(A) $9,336,000,000 for fiscal year 2010; 
and 
‘‘(B) $9,620,000,000 for fiscal year 2011.’’. 
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 
Section 48101(a) is amended by striking paragraphs 
(1) through (5) and inserting the following:
HR 1586 EAS 
‘‘(1) $3,500,000,000 for fiscal year 2010, of 
which $500,000,000 is derived from the Air Traffic 
Control System Modernization Account of the Airport 
and Airways Trust Fund; and 
‘‘(2) $3,600,000,000 for fiscal year 2011, of 
which $500,000,000 is derived from the Air Traffic 
Control System Modernization Account of the Airport 
and Airways Trust Fund.’’. 
SEC. 103. RESEARCH AND DEVELOPMENT. 
Section 48102 is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—Not more than the following 
amounts may be appropriated to the Secretary of Transpor-
tation out of the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code of 
1986 (26 U.S.C. 9502) for conducting civil aviation re-
search and development under sections 44504, 44505, 
44507, 44509, and 44511 through 44513 of this title: 
‘‘(1) $200,000,000 for fiscal year 2010. 
‘‘(2) $206,000,000 for fiscal year 2011.’’; 
(2) by striking subsections (c) through (h); and 
(3) by adding at the end the following: 
‘‘(c) RESEARCH GRANTS PROGRAM INVOLVING UN-
DERGRADUATE STUDENTS.—The Administrator of the Fed-
HR 1586 EAS 
eral Aviation Administration shall establish a program to 
utilize undergraduate and technical colleges, including His-
torically Black Colleges and Universities, Hispanic Serving 
Institutions, tribally controlled colleges and universities, 
and Alaska Native and Native Hawaiian serving institu-
tions in research on subjects of relevance to the Federal 
Aviation Administration. Grants may be awarded under 
this subsection for— 
‘‘(1) research projects to be carried out at pri-
marily undergraduate institutions and technical col-
leges; 
‘‘(2) research projects that combine research at 
primarily undergraduate institutions and technical 
colleges with other research supported by the Federal 
Aviation Administration; 
‘‘(3) research on future training requirements on 
projected changes in regulatory requirements for air-
craft maintenance and power plant licensees; or 
‘‘(4) research on the impact of new technologies 
and procedures, particularly those related to aircraft 
flight deck and air traffic management functions, and 
on training requirements for pilots and air traffic 
controllers.’’.
HR 1586 EAS 
SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND 
NOISE COMPATIBILITY PLANNING AND PRO-
GRAMS. 
Section 48103 is amended by striking paragraphs (1) 
through (6) and inserting the following: 
‘‘(1) $4,000,000,000 for fiscal year 2010; and 
‘‘(2) $4,100,000,000 for fiscal year 2011.’’. 
SEC. 105. OTHER AVIATION PROGRAMS. 
Section 48114 is amended— 
(1) by striking ‘‘2007’’ in subsection (a)(1)(A) 
and inserting ‘‘2011’’; 
(2) by striking ‘‘2007,’’ in subsection (a)(2) and 
inserting ‘‘2011,’’; and 
(3) by striking ‘‘2007’’ in subsection (c)(2) and 
inserting ‘‘2011’’. 
SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANS-
PORTATION SYSTEM PROJECTS. 
Section 44501(b) is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
paragraph (3); 
(2) by striking ‘‘defense.’’ in paragraph (4) and 
inserting ‘‘defense; and’’; and 
(3) by adding at the end thereof the following: 
‘‘(5) a list of projects that are part of the Next 
Generation Air Transportation System and do not
HR 1586 EAS 
have as a primary purpose to operate or maintain 
the current air traffic control system.’’. 
SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR 
AIRPORT PROGRAMS. 
(a) IN GENERAL.—Section 48105 is amended to read 
as follows: 
‘‘§ 48105. Airport programs administrative expenses 
‘‘Of the amount made available under section 48103 
of this title, the following may be available for administra-
tive expenses relating to the Airport Improvement Program, 
passenger facility charge approval and oversight, national 
airport system planning, airport standards development 
and enforcement, airport certification, airport-related envi-
ronmental activities (including legal services), and other 
airport-related activities (including airport technology re-
search), to remain available until expended— 
‘‘(1) for fiscal year 2010, $94,000,000; and 
‘‘(2) for fiscal year 2011, $98,000,000.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 481 is amended by striking the item relating 
to section 48105 and inserting the following: 
‘‘48105. Airport programs administrative expenses’’. 
(c) PASSENGER ENPLANEMENT REPORT.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall prepare a report 
on every airport in the United States that reported
HR 1586 EAS 
between 10,000 and 15,000 passenger enplanements 
during each of the 2 most recent years for which such 
data is available. 
(2) REPORT OBJECTIVES.—In carrying out the 
report under paragraph (1), the Administrator shall 
document the methods used by each subject airport to 
reach the 10,000 passenger enplanement threshold, in-
cluding whether airports subsidize commercial flights 
to reach such threshold. 
(3) REVIEW.—The Inspector General of the De-
partment of Transportation shall review the process of 
the Adminstrator in developing the report under 
paragraph (1). 
(4) REPORT.—The Administrator shall submit 
the report prepared under paragraph (1) to Congress 
and the Secretary of Transportation. 
TITLE II—AIRPORT 
IMPROVEMENTS 
SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AU-
THORITY. 
(a) PASSENGER FACILITY CHARGE STREAMLINING.— 
Section 40117(c) is amended to read as follows: 
‘‘(c) PROCEDURAL REQUIREMENTS FOR IMPOSITION 
OF PASSENGER FACILITY CHARGE.—
HR 1586 EAS 
‘‘(1) IN GENERAL.—An eligible agency must sub-
mit to those air carriers and foreign air carriers op-
erating at the airport with a significant business in-
terest, as defined in paragraph (3), and to the Sec-
retary and make available to the public annually a 
report, in the form required by the Secretary, on the 
status of the eligible agency’s passenger facility charge 
program, including— 
‘‘(A) the total amount of program revenue 
held by the agency at the beginning of the 12 
months covered by the report; 
‘‘(B) the total amount of program revenue 
collected by the agency during the period covered 
by the report; 
‘‘(C) the amount of expenditures with pro-
gram revenue made by the agency on each eligi-
ble airport-related project during the period cov-
ered by the report; 
‘‘(D) each airport-related project for which 
the agency plans to collect and use program rev-
enue during the next 12-month period covered by 
the report, including the amount of revenue pro-
jected to be used for such project;
HR 1586 EAS 
‘‘(E) the level of program revenue the agen-
cy plans to collect during the next 12-month pe-
riod covered by the report; 
‘‘(F) a description of the notice and con-
sultation process with air carriers and foreign 
air carriers under paragraph (3), and with the 
public under paragraph (4), including a copy of 
any adverse comments received and how the 
agency responded; and 
‘‘(G) any other information on the program 
that the Secretary may require. 
‘‘(2) IMPLEMENTATION.—Subject to the require-
ments of paragraphs (3), (4), (5), and (6), the eligible 
agency may implement the planned collection and use 
of passenger facility charges in accordance with its 
report upon filing the report as required in para-
graph (1). 
‘‘(3) CONSULTATION WITH CARRIERS FOR NEW 
PROJECTS.— 
‘‘(A) An eligible agency proposing to collect 
or use passenger facility charge revenue for a 
project not previously approved by the Secretary 
or not included in a report required by para-
graph (1) that was submitted in a prior year 
shall provide to air carriers and foreign air car-
HR 1586 EAS 
ified in subparagraph (C) shall be due not later 
than 30 days after the meeting. 
‘‘(4) PUBLIC NOTICE AND COMMENT.— 
‘‘(A) An eligible agency proposing to collect 
or use passenger facility charge revenue for a 
project not previously approved by the Secretary 
or not included in a report required by para-
graph (1) that was filed in a prior year shall 
provide reasonable notice and an opportunity for 
public comment on the planned collection and 
use of program revenue before providing the re-
port required in paragraph (1). 
‘‘(B) The Secretary shall prescribe by regu-
lation what constitutes reasonable notice under 
this paragraph, which shall at a minimum re-
quire— 
‘‘(i) that the eligible agency provide 
public notice of intent to collect a passenger 
facility charge so as to inform those inter-
ested persons and agencies that may be af-
fected; 
‘‘(ii) appropriate methods of publica-
tion, which may include notice in local 
newspapers of general circulation or other
HR 1586 EAS 
local media, or posting of the notice on the 
agency’s Internet website; and 
‘‘(iii) submission of public comments 
no later than 45 days after the date of the 
publication of the notice. 
‘‘(5) OBJECTIONS.— 
‘‘(A) Any interested person may file with 
the Secretary a written objection to a proposed 
project included in a notice under this para-
graph provided that the filing is made within 30 
days after submission of the report specified in 
paragraph (1). 
‘‘(B) The Secretary shall provide not less 
than 30 days for the eligible agency to respond 
to any filed objection. 
‘‘(C) Not later than 90 days after receiving 
the eligible agency’s response to a filed objection, 
the Secretary shall make a determination wheth-
er or not to terminate authority to collect the 
passenger facility charge for the project, based on 
the filed objection. The Secretary shall state the 
reasons for any determination. The Secretary 
may only terminate authority if— 
‘‘(i) the project is not an eligible air-
port related project;
HR 1586 EAS 
‘‘(ii) the eligible agency has not com-
plied with the requirements of this section 
or the Secretary’s implementing regulations 
in proposing the project; 
‘‘(iii) the eligible agency has been 
found to be in violation of section 47107(b) 
of this title and has failed to take corrective 
action, prior to the filing of the objection; or 
‘‘(iv) in the case of a proposed increase 
in the passenger facility charge level, the 
level is not authorized by this section. 
‘‘(D) Upon issuance of a decision termi-
nating authority, the public agency shall prepare 
an accounting of passenger facility revenue col-
lected under the terminated authority and restore 
the funds for use on other authorized projects. 
‘‘(E) Except as provided in subparagraph 
(C), the eligible agency may implement the 
planned collection and use of a passenger facility 
charge in accordance with its report upon filing 
the report as specified in paragraph (1)(A). 
‘‘(6) APPROVAL REQUIREMENT FOR INCREASED 
PASSENGER
FACILITY
CHARGE
OR
INTERMODAL 
GROUND ACCESS PROJECT.—
HR 1586 EAS 
‘‘(A) An eligible agency may not collect or 
use a passenger facility charge to finance an 
intermodal ground access project, or increase a 
passenger facility charge, unless the project is 
first approved by the Secretary in accordance 
with this paragraph. 
‘‘(B) The eligible agency may submit to the 
Secretary an application for authority to impose 
a passenger facility charge for an intermodal 
ground access project or to increase a passenger 
facility charge. The application shall contain in-
formation and be in the form that the Secretary 
may require by regulation but, at a minimum, 
must include copies of any comments received by 
the agency during the comment period described 
by subparagraph (C). 
‘‘(C) Before submitting an application 
under this paragraph, an eligible agency must 
provide air carriers and foreign air carriers op-
erating at the airport, and the public, reasonable 
notice of and an opportunity to comment on a 
proposed intermodal ground access project or the 
increased passenger facility charge. Such notice 
and opportunity to comment shall conform to the 
requirements of paragraphs (3) and (4).
HR 1586 EAS 
‘‘(D) After receiving an application, the 
Secretary may provide air carriers, foreign air 
carriers and other interested persons notice and 
an opportunity to comment on the application. 
The Secretary shall make a final decision on the 
application not later than 120 days after receiv-
ing it.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) REFERENCES.— 
(A) Section 40117(a) is amended— 
(i) by striking ‘‘FEE’’ in the heading 
for paragraph (5) and inserting ‘‘CHARGE’’; 
and 
(ii) by striking ‘‘fee’’ each place it ap-
pears in paragraphs (5) and (6) and insert-
ing ‘‘charge’’. 
(B) Subsections (b), and subsections (d) 
through (m), of section 40117 are amended— 
(i) by striking ‘‘fee’’ or ‘‘fees’’ each 
place either appears and inserting ‘‘charge’’ 
or ‘‘charges’’, respectively; and 
(ii) by striking ‘‘FEE’’ in the sub-
section caption for subsection (l), and 
‘‘FEES’’ in the subsection captions for sub-
HR 1586 EAS 
sections 
(e) 
and 
(m), 
and 
inserting 
‘‘CHARGE’’ and ‘‘CHARGES’’, respectively. 
(C) The caption for section 40117 is amend-
ed to read as follows: 
‘‘§ 40117. Passenger facility charges’’. 
(D) The table of contents for chapter 401 is 
amended by striking the item relating to section 
40117 and inserting the following: 
‘‘40117. Passenger facility charges’’. 
(2) 
LIMITATIONS
ON
APPROVING
APPLICA-
TIONS.—Section 40117(d) is amended— 
(A) by striking ‘‘subsection (c) of this sec-
tion to finance a specific’’ and inserting ‘‘sub-
section (c)(6) of this section to finance an inter-
modal ground access’’; 
(B) by striking ‘‘specific’’ in paragraph (1); 
(C) by striking paragraph (2) and inserting 
the following: 
‘‘(2) the project is an eligible airport-related 
project; and’’; 
(D) by striking ‘‘each of the specific 
projects; and’’ in paragraph (3) and inserting 
‘‘the project.’’; and 
(E) by striking paragraph (4). 
(3) LIMITATIONS ON IMPOSING CHARGES.—Sec-
tion 40117(e)(1) is amended to read as follows: ‘‘(1)
HR 1586 EAS 
An eligible agency may impose a passenger facility 
charge only subject to terms the Secretary may pre-
scribe to carry out the objectives of this section.’’. 
(4) LIMITATIONS ON CONTRACTS, LEASES, AND 
USE AGREEMENTS.—Section 40117(f)(2) is amended 
by striking ‘‘long-term’’. 
(5) COMPLIANCE.—Section 40117(h) is amend-
ed— 
(A) by redesignating paragraph (3) as 
paragraph (4); and 
(B) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) The Secretary may, on complaint of an interested 
person or on the Secretary’s own initiative, conduct an in-
vestigation into an eligible agency’s collection and use of 
passenger facility charge revenue to determine whether a 
passenger facility charge is excessive or that passenger facil-
ity revenue is not being used as provided in this section. 
The Secretary shall prescribe regulations establishing proce-
dures for complaints and investigations. The regulations 
may provide for the issuance of a final agency decision 
without resort to an oral evidentiary hearing. The Secretary 
shall not accept complaints filed under this paragraph until 
after the issuance of regulations establishing complaint pro-
cedures.’’.
HR 1586 EAS 
(6) PILOT PROGRAM FOR PFC AT NONHUB AIR-
PORTS.—Section 40117(l) is amended— 
(A) by striking ‘‘(c)(2)’’ in paragraph (2) 
and inserting ‘‘(c)(3)’’; and 
(B) by striking ‘‘October 1, 2009.’’ in para-
graph (7) and inserting ‘‘the date of issuance of 
regulations to carry out subsection (c) of this sec-
tion, as amended by the FAA Air Transpor-
tation Modernization and Safety Improvement 
Act.’’. 
(7) PROHIBITION ON APPROVING PFC APPLICA-
TIONS FOR AIRPORT REVENUE DIVERSION.—Section 
47111(e) is amended by striking ‘‘sponsor’’ the second 
place it appears in the first sentence and all that fol-
lows and inserting ‘‘sponsor. A sponsor shall not pro-
pose collection or use of passenger facility charges for 
any new projects under paragraphs (3) through (6) of 
section 40117(c) unless the Secretary determines that 
the sponsor has taken corrective action to address the 
violation and the violation no longer exists.’’. 
SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM. 
(a) IN GENERAL.—Section 40117 is amended by add-
ing at the end thereof the following: 
‘‘(n) ALTERNATIVE PASSENGER FACILITY CHARGE 
COLLECTION PILOT PROGRAM.—
HR 1586 EAS 
‘‘(1) IN GENERAL.—The Secretary shall establish 
and conduct a pilot program at not more than 6 air-
ports under which an eligible agency may impose a 
passenger facility charge under this section without 
regard to the dollar amount limitations set forth in 
paragraph (1) or (4) of subsection (b) if the partici-
pating eligible agency meets the requirements of para-
graph (2). 
‘‘(2) COLLECTION REQUIREMENTS.— 
‘‘(A) DIRECT
COLLECTION.—An eligible 
agency participating in the pilot program— 
‘‘(i) may collect the charge from the 
passenger at the facility, via the Internet, or 
in any other reasonable manner; but 
‘‘(ii) may not require or permit the 
charge to be collected by an air carrier or 
foreign air carrier for the flight segment. 
‘‘(B) PFC COLLECTION REQUIREMENT NOT 
TO APPLY.—Subpart C of part 158 of title 14, 
Code of Federal Regulations, does not apply to 
the collection of the passenger facility charge im-
posed by an eligible agency participating in the 
pilot program.’’. 
(b) GAO STUDY OF ALTERNATIVE MEANS OF COL-
LECTING PFCS.—
HR 1586 EAS 
(1) IN GENERAL.—The Comptroller General shall 
conduct a study of alternative means of collection 
passenger facility charges imposed under section 
40117 of title 49, United States Code, that would per-
mit such charges to be collected without being in-
cluded in the ticket price. In the study, the Comp-
troller General shall consider, at a minimum— 
(A) collection options for arriving, con-
necting, and departing passengers at airports; 
(B) cost sharing or fee allocation methods 
based on passenger travel to address connecting 
traffic; and 
(C) examples of airport fees collected by do-
mestic and international airports that are not 
included in ticket prices. 
(2) REPORT.—No later than 1 year after the 
date of enactment of this Act, the Comptroller General 
shall submit a report on the study to the Senate Com-
mittee on Commerce, Science, and Transportation 
and the House of Representatives Committee on 
Transportation and Infrastructure containing the 
Comptroller General’s findings, conclusions, and rec-
ommendations. 
SEC. 203. AMENDMENTS TO GRANT ASSURANCES. 
Section 47107 is amended—
HR 1586 EAS 
(1) 
by 
striking 
‘‘made;’’ 
in 
subsection 
(a)(16)(D)(ii) and inserting ‘‘made, except that, if 
there is a change in airport design standards that the 
Secretary determines is beyond the owner or opera-
tor’s control that requires the relocation or replace-
ment of an existing airport facility, the Secretary, 
upon the request of the owner or operator, may grant 
funds available under section 47114 to pay the cost 
of relocating or replacing such facility;’’; 
(2) 
by 
striking 
‘‘purpose;’’ 
in 
subsection 
(c)(2)(A)(i) and inserting ‘‘purpose, which includes 
serving as noise buffer land;’’; 
(3) by striking ‘‘paid to the Secretary for deposit 
in the Fund if another eligible project does not exist.’’ 
in subsection (c)(2)(B)(iii) and inserting ‘‘reinvested 
in another project at the airport or transferred to an-
other airport as the Secretary prescribes.’’; and 
(4) by redesignating paragraph (3) of subsection 
(c) as paragraph (4) and inserting after paragraph 
(2) the following: 
‘‘(3) In approving the reinvestment or transfer of pro-
ceeds under paragraph (2)(C)(iii), the Secretary shall give 
preference, in descending order, to— 
‘‘(i) reinvestment in an approved noise compat-
ibility project;
HR 1586 EAS 
‘‘(ii) reinvestment in an approved project that is 
eligible for funding under section 47117(e); 
‘‘(iii) reinvestment in an airport development 
project that is eligible for funding under section 
47114, 47115, or 47117 and meets the requirements 
of this chapter; 
‘‘(iv) transfer to the sponsor of another public 
airport to be reinvested in an approved noise compat-
ibility project at such airport; and 
‘‘(v) payment to the Secretary for deposit in the 
Airport and Airway Trust Fund established under 
section 9502 of the Internal Revenue Code of 1986 (26 
U.S.C. 9502).’’. 
SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS. 
(a) FEDERAL SHARE.—Section 47109 is amended— 
(1) by striking ‘‘subsection (b) or subsection (c)’’ 
in subsection (a) and inserting ‘‘subsection (b), (c), or 
(e)’’; and 
(2) by adding at the end the following: 
‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL 
HUB TO MEDIUM HUB STATUS.—If the status of a small 
hub primary airport changes to a medium hub primary 
airport, the United States Government’s share of allowable 
project costs for the airport may not exceed 95 percent for 
2 fiscal years following such change in hub status.’’.
HR 1586 EAS 
(b) 
TRANSITIONING
AIRPORTS.—Section 
47114(f)(3)(B) is amended by striking ‘‘year 2004.’’ and 
inserting ‘‘years 2010 and 2011.’’. 
SEC. 205. AMENDMENTS TO ALLOWABLE COSTS. 
Section 47110 is amended— 
(1) by striking subsection (d) and inserting the 
following: 
‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
The Secretary may determine that the costs of relocating 
or replacing an airport-owned facility are allowable for an 
airport development project at an airport only if— 
‘‘(1) the Government’s share of such costs is paid 
with funds apportioned to the airport sponsor under 
sections 47114(c)(1) or 47114(d)(2); 
‘‘(2) the Secretary determines that the relocation 
or replacement is required due to a change in the Sec-
retary’s design standards; and 
‘‘(3) the Secretary determines that the change is 
beyond the control of the airport sponsor.’’; 
(2) by striking ‘‘facilities, including fuel farms 
and hangars,’’ in subsection (h) and inserting ‘‘facili-
ties, as defined by section 47102,’’; and 
(3) by adding at the end the following: 
‘‘(i) BIRD-DETECTING RADAR SYSTEMS.—Within 180 
days after the date of enactment of the FAA Air Transpor-
HR 1586 EAS 
tation Modernization and Safety Improvement Act, the Ad-
ministrator shall analyze the conclusions of ongoing studies 
of various types of commercially-available bird radar sys-
tems, based upon that analysis, if the Administrator deter-
mines such systems have no negative impact on existing 
navigational aids and that the expenditure of such funds 
is appropriate, the Administrator shall allow the purchase 
of bird-detecting radar systems as an allowable airport de-
velopment project costs subject to subsection (b). If a deter-
mination is made that such radar systems will not improve 
or negatively impact airport safety, the Administrator shall 
issue a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure on 
why that determination was made.’’. 
SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 
Section 47133(b) is amended— 
(1) by resetting the text of the subsection as an 
indented paragraph 2 ems from the left margin; 
(2) by inserting ‘‘(1)’’ before ‘‘Subsection’’; and 
(3) by adding at the end thereof the following: 
‘‘(2) In the case of a privately owned airport, 
subsection (a) shall not apply to the proceeds from the 
sale of the airport to a public sponsor if— 
‘‘(A) the sale is approved by the Secretary;
HR 1586 EAS 
‘‘(B) funding is provided under this title for 
the public sponsor’s acquisition; and 
‘‘(C) an amount equal to the remaining 
unamortized portion of the original grant, amor-
tized over a 20-year period, is repaid to the Sec-
retary by the private owner for deposit in the 
Trust Fund for airport acquisitions. 
‘‘(3) This subsection shall apply to grants issued 
on or after October 1, 1996.’’. 
SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT 
COSTS. 
Notwithstanding section 47109(a) of title 49, United 
States Code, the Federal Government’s share of allowable 
project costs for a grant made in fiscal year 2008, 2009, 
2010, or 2011 under chapter 471 of that title for a project 
described in paragraph (2) or (3) of that section shall be 
95 percent. 
SEC. 207(b). PROHIBITION ON USE OF PASSENGER FACILITY 
CHARGES TO CONSTRUCT BICYCLE STORAGE 
FACILITIES. 
Section 40117(a)(3) is amended— 
(1) by redesignating subparagraphs (A) through 
(G) as clauses (i) through (vii); 
(2) by striking ‘‘The term’’ and inserting the fol-
lowing:
HR 1586 EAS 
‘‘(A) IN GENERAL.—The term’’; and 
(3) by adding at the end the following: 
‘‘(B) BICYCLE
STORAGE
FACILITIES.—A 
project to construct a bicycle storage facility may 
not be considered an eligible airport-related 
project.’’. 
SEC. 208. MISCELLANEOUS AMENDMENTS. 
(a) TECHNICAL CHANGES TO NATIONAL PLAN OF IN-
TEGRATED AIRPORT SYSTEMS.—Section 47103 is amend-
ed— 
(1) by striking ‘‘each airport to—’’ in subsection 
(a) and inserting ‘‘the airport system to—’’; 
(2) by striking ‘‘system in the particular area;’’ 
in subsection (a)(1) and inserting ‘‘system, including 
connection to the surface transportation network; 
and’’; 
(3) by striking ‘‘aeronautics; and’’ in subsection 
(a)(2) and inserting ‘‘aeronautics.’’; 
(4) by striking subsection (a)(3); 
(5) by inserting ‘‘and’’ after the semicolon in 
subsection (b)(1); 
(6) by striking paragraph (2) of subsection (b) 
and redesignating paragraph (3) as paragraph (2); 
(7) by striking ‘‘operations, Short Takeoff and 
Landing/Very Short Takeoff and Landing aircraft op-
HR 1586 EAS 
erations,’’ in subsection (b)(2), as redesignated, and 
inserting ‘‘operations’’; and 
(8) by striking ‘‘status of the’’ in subsection (d). 
(b) UPDATE VETERANS PREFERENCE DEFINITION.— 
Section 47112(c) is amended— 
(1) by striking ‘‘separated from’’ in paragraph 
(1)(B) and inserting ‘‘discharged or released from ac-
tive duty in’’; 
(2) by adding at the end of paragraph (1) the 
following: 
‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 
individual who served on active duty, as defined by 
section 101(21) of title 38, at any time in the armed 
forces for a period of more than 180 consecutive days, 
any part of which occurred during the period begin-
ning on September 11, 2001, and ending on the date 
prescribed by Presidential proclamation or by law as 
the last date of Operation Iraqi Freedom.’’; 
(3) by striking ‘‘veterans and’’ in paragraph (2) 
and inserting ‘‘veterans, Afghanistan-Iraq war vet-
erans, and’’; and 
(4) by adding at the end the following: 
‘‘(3) A contract involving labor for carrying out an 
airport development project under a grant agreement under 
this subchapter must require that a preference be given to
HR 1586 EAS 
the use of small business concerns (as defined in section 3 
of the Small Business Act (15 U.S.C. 632)) owned and con-
trolled by disabled veterans.’’. 
(c) ANNUAL REPORT.—Section 47131(a) is amended— 
(1) by striking ‘‘April 1’’ and inserting ‘‘June 
1’’; and 
(2) by striking paragraphs (1) through (4) and 
inserting the following: 
‘‘(1) a summary of airport development and 
planning completed; 
‘‘(2) a summary of individual grants issued; 
‘‘(3) an accounting of discretionary and appor-
tioned funds allocated; and 
‘‘(4) the allocation of appropriations; and’’. 
(d) SUNSET OF PROGRAM.—Section 47137 is repealed 
effective September 30, 2008. 
(e) CORRECTION TO EMISSION CREDITS PROVISION.— 
Section 47139 is amended— 
(1) by striking ‘‘47102(3)(F),’’ in subsection (a); 
(2) by striking ‘‘47102(3)(F), 47102(3)(K), 
47102(3)(L), or 47140’’ in subsection (b) and insert-
ing ‘‘47102(3)(K) or 47102(3)(L)’’; and 
(3) by striking ‘‘40117(a)(3)(G), 47103(3)(F), 
47102(3)(K), 47102(3)(L), or 47140,’’ in subsection
HR 1586 EAS 
(b) and inserting ‘‘40117(a)(3)(G), 47102(3)(K), or 
47102(3)(L),’’; and 
(f) CORRECTION TO SURPLUS PROPERTY AUTHOR-
ITY.—Section 47151(e) is amended by striking ‘‘(other than 
real property that is subject to section 2687 of title 10, sec-
tion 201 of the Defense Authorization Amendments and 
Base Closure and Realignment Act (10 U.S.C. 2687 note), 
or section 2905 of the Defense Base Closure and Realign-
ment Act of 1990 (10 U.S.C. 2687 note),’’. 
(g) AIRPORT CAPACITY BENCHMARK REPORTS; DEFI-
NITION OF JOINT USE AIRPORT.—Section 47175 is amend-
ed— 
(1) by striking ‘‘Airport Capacity Benchmark 
Report 2001.’’ in paragraph (2) and inserting ‘‘2001 
and 2004 Airport Capacity Benchmark Reports or of 
the most recent Benchmark report, Future Airport 
Capacity Task Report, or other comparable FAA re-
port.’’; and 
(2) by adding at the end thereof the following: 
‘‘(7) JOINT USE AIRPORT.—The term ‘joint use 
airport’ means an airport owned by the United States 
Department of Defense, at which both military and 
civilian aircraft make shared use of the airfield.’’. 
(h) 
USE
OF
APPORTIONED
AMOUNTS.—Section 
47117(e)(1)(A) is amended—
HR 1586 EAS 
(1) by striking ‘‘35 percent’’ in the first sentence 
and inserting ‘‘$300,000,000’’; 
(2) by striking ‘‘and’’ after ‘‘47141,’’; 
(3) by striking ‘‘et seq.).’’ and inserting ‘‘et seq.), 
and for water quality mitigation projects to comply 
with the Act of June 30, 1948 (33 U.S.C. 1251 et 
seq.), approved in an environmental record of deci-
sion for an airport development project under this 
title.’’; and 
(4) by striking ‘‘such 35 percent requirement is’’ 
in the second sentence and inserting ‘‘the require-
ments of the preceding sentence are’’. 
(i) USE OF PREVIOUS FISCAL YEAR’S APPORTION-
MENT.—Section 47114(c)(1) is amended— 
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (E)(ii); 
(2) by striking ‘‘airport.’’ in subparagraph 
(E)(iii) and inserting ‘‘airport; and’’; 
(3) by adding at the end of subparagraph (E) 
the following: 
‘‘(iv) the airport received scheduled or 
unscheduled air service from a large cer-
tified air carrier (as defined in part 241 of 
title 14, Code of Federal Regulations, or 
such other regulations as may be issued by
HR 1586 EAS 
the Secretary under the authority of section 
41709) and the Secretary determines that 
the airport had more than 10,000 passenger 
boardings in the preceding calendar year, 
based on data submitted to the Secretary 
under part 241 of title 14, Code of Federal 
Regulations.’’; 
(4) in subparagraph (G)— 
(A) by striking ‘‘FISCAL YEAR 2006’’ in the 
heading and inserting ‘‘FISCAL
YEARS
2008 
THROUGH 2011’’; 
(B) by striking ‘‘fiscal year 2006’’ and in-
serting ‘‘fiscal years 2008 through 2011’’; 
(C) by striking clause (i) and inserting the 
following: 
‘‘(i) the average annual passenger 
boardings at the airport for calendar years 
2004 through 2006 were below 10,000 per 
year;’’; and 
(D) by striking ‘‘2000 or 2001;’’ in clause 
(ii) and inserting ‘‘2003;’’; and 
(5) by adding at the end thereof the following: 
‘‘(H) SPECIAL RULE FOR FISCAL YEARS 2010 
AND 2011.—Notwithstanding subparagraph (A), for 
an airport that had more than 10,000 passenger
HR 1586 EAS 
boardings and scheduled passenger aircraft service in 
calendar year 2007, but in either calendar years 2008 
or 2009, or both years, the number of passenger 
boardings decreased to a level below 10,000 boardings 
per year at such airport, the Secretary may appor-
tion in fiscal years 2010 or 2011 to the sponsor of 
such an airport an amount equal to the amount ap-
portioned to that sponsor in fiscal year 2009.’’. 
(j) MOBILE REFUELER PARKING CONSTRUCTION.— 
Section 47102(3) is amended by adding at the end the fol-
lowing: 
‘‘(M) construction of mobile refueler parking 
within a fuel farm at a nonprimary airport 
meeting the requirements of section 112.8 of title 
40, Code of Federal Regulations.’’. 
(k) DISCRETIONARY FUND.—Section 47115(g)(1) is 
amended by striking ‘‘of—’’ and all that follows and insert-
ing ‘‘of $520,000,000. The amount credited is exclusive of 
amounts that have been apportioned in a prior fiscal year 
under section 47114 of this title and that remain available 
for obligation.’’. 
SEC. 209. STATE BLOCK GRANT PROGRAM. 
Section 47128 is amended— 
(1) by striking ‘‘regulations’’ each place it ap-
pears in subsection (a) and inserting ‘‘guidance’’;
HR 1586 EAS 
(2) by striking ‘‘grant;’’ in subsection (b)(4) and 
inserting ‘‘grant, including Federal environmental re-
quirements or an agreed upon equivalent;’’; 
(3) by redesignating subsection (c) as subsection 
(d) and inserting after subsection (b) the following: 
‘‘(c) PROJECT ANALYSIS
AND COORDINATION RE-
QUIREMENTS.—Any Federal agency that must approve, li-
cense, or permit a proposed action by a participating State 
shall coordinate and consult with the State. The agency 
shall utilize the environmental analysis prepared by the 
State, provided it is adequate, or supplement that analysis 
as necessary to meet applicable Federal requirements.’’; and 
(4) by adding at the end the following: 
‘‘(e) PILOT PROGRAM.—The Secretary shall establish 
a pilot program for up to 3 States that do not participate 
in the program established under subsection (a) that is con-
sistent with the program under subsection (a).’’. 
SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR RE-
VIEWS. 
Section 47173(a) is amended by striking ‘‘project.’’ 
and inserting ‘‘project, or to conduct special environmental 
studies related to a federally funded airport project or for 
special studies or reviews to support approved noise com-
patibility measures in a Part 150 program or environ-
HR 1586 EAS 
mental mitigation in a Federal Aviation Administration 
Record of Decision or Finding of No Significant Impact.’’. 
SEC. 211. 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) The Secretary is authorized in accordance 
with subsection (c)(1) to make a grant to an airport 
operator to assist in completing environmental review 
and assessment activities for proposals to implement 
flight procedures that have been approved for airport 
noise compatibility planning purposes under sub-
section (b). 
‘‘(2) The Administrator of the Federal Aviation 
Administration may accept funds from an airport 
sponsor, including funds provided to the sponsor 
under paragraph (1), to hire additional staff or ob-
tain the services of consultants in order to facilitate 
the timely processing, review and completion of envi-
ronmental activities associated with proposals to im-
plement flight procedures submitted and approved for 
airport noise compatibility planning purposes in ac-
cordance with this section. Funds received under this
HR 1586 EAS 
authority shall not be subject to the procedures appli-
cable to the receipt of gifts by the Administrator.’’. 
SEC. 212. SAFETY-CRITICAL AIRPORTS. 
Section 47118(c) is amended— 
(1) by striking ‘‘or’’ after the semicolon in para-
graph (1); 
(2) by striking ‘‘delays.’’ in paragraph (2) and 
inserting ‘‘delays; or’’; and 
(3) by adding at the end the following: 
‘‘(3) be critical to the safety of commercial, mili-
tary, or general aviation in trans-oceanic flights.’’. 
SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION 
PILOT PROGRAM. 
(a) PILOT PROGRAM.—Subchapter I of chapter 471 is 
amended by adding at the end thereof the following: 
‘‘§ 47143. Environmental mitigation demonstration 
pilot program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall carry out a pilot program involving not more than 
6 projects at public-use airports under which the Secretary 
may make grants to sponsors of such airports from funds 
apportioned under paragraph 47117(e)(1)(A) for use at 
such airports for environmental mitigation demonstration 
projects that will measurably reduce or mitigate aviation 
impacts on noise, air quality or water quality in the vicin-
HR 1586 EAS 
ity of the airport. Notwithstanding any other provision of 
this subchapter, an environmental mitigation demonstra-
tion project approved under this section shall be treated as 
eligible for assistance under this subchapter. 
‘‘(b) PARTICIPATION IN PILOT PROGRAM.—A public- 
use airport shall be eligible for participation in the pilot. 
‘‘(c) SELECTION CRITERIA.—In selecting from among 
applicants for participation in the pilot program, the Sec-
retary may give priority consideration to environmental 
mitigation demonstration projects that— 
‘‘(1) will achieve the greatest reductions in air-
craft noise, airport emissions, or airport water qual-
ity impacts either on an absolute basis, or on a per- 
dollar-of-funds expended basis; and 
‘‘(2) will be implemented by an eligible consor-
tium. 
‘‘(d) FEDERAL SHARE.—Notwithstanding any other 
provision of this subchapter, the United States Govern-
ment’s share of the costs of a project carried out under this 
section shall be 50 percent. 
‘‘(e) MAXIMUM AMOUNT.—Not more than $2,500,000 
may be made available by the Secretary in grants under 
this section for any single project. 
‘‘(f) IDENTIFYING BEST PRACTICES.—The Adminis-
trator may develop and publish information identifying
HR 1586 EAS 
best practices for reducing or mitigating aviation impacts 
on noise, air quality, or water quality in the vicinity of 
airports, based on the projects carried out under the pilot 
program. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eligible 
consortium’ means a consortium that comprises 2 or 
more of the following entities: 
‘‘(A) Businesses operating in the United 
States. 
‘‘(B) Public or private educational or re-
search organizations located in the United 
States. 
‘‘(C) Entities of State or local governments 
in the United States. 
‘‘(D) Federal laboratories. 
‘‘(2) ENVIRONMENTAL MITIGATION DEMONSTRA-
TION PROJECT.—The term ‘environmental mitigation 
demonstration project’ means a project that— 
‘‘(A) introduces new conceptual environ-
mental mitigation techniques or technology with 
associated benefits, which have already been 
proven in laboratory demonstrations;
HR 1586 EAS 
‘‘(B) proposes methods for efficient adapta-
tion or integration of new concepts to airport op-
erations; and 
‘‘(C) will demonstrate whether new tech-
niques or technology for environmental mitiga-
tion identified in research are— 
‘‘(i) practical to implement at or near 
multiple public use airports; and 
‘‘(ii) capable of reducing noise, airport 
emissions, or water quality impacts in 
measurably significant amounts.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 471 is amended by inserting after the item relat-
ing to section 47142 the following: 
‘‘47143. Environmental mitigation demonstration pilot program’’. 
SEC. 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DE-
VELOPMENT PROGRAM. 
Section 47110(c) is amended— 
(1) by striking ‘‘; or’’ in paragraph (1) and in-
serting a semicolon; 
(2) by striking ‘‘project.’’ in paragraph (2) and 
inserting ‘‘project; or’’; and 
(3) by adding at the end the following: 
‘‘(3) necessarily incurred in anticipation of se-
vere weather.’’.
HR 1586 EAS 
SEC. 215. GLYCOL RECOVERY VEHICLES. 
Section 47102(3)(G) is amended by inserting ‘‘includ-
ing acquiring glycol recovery vehicles,’’ after ‘‘aircraft,’’. 
SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT. 
Section 44504(b) is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
paragraph (6); 
(2) by striking ‘‘aircraft.’’ in paragraph (7) and 
inserting ‘‘aircraft; and’’; and 
(3) by adding at the end thereof the following: 
‘‘(8) to conduct research to support programs de-
signed to reduce gases and particulates emitted.’’. 
SEC. 217. UNITED STATES TERRITORY MINIMUM GUAR-
ANTEE. 
Section 47114(e) is amended— 
(1) by inserting ‘‘AND ANY UNITED STATES TER-
RITORY’’ after ‘‘ALASKA’’ in the subsection heading; 
and 
(2) by adding at the end thereof the following: 
‘‘(5) UNITED
STATES
TERRITORY
MINIMUM 
GUARANTEE.—In any fiscal year in which the total 
amount apportioned to airports in a United States 
Territory under subsections (c) and (d) is less than 
1.5 percent of the total amount apportioned to all air-
ports under those subsections, the Secretary may ap-
portion to the local authority in any United States
HR 1586 EAS 
Territory responsible for airport development projects 
in that fiscal year an amount equal to the difference 
between 1.5 percent of the total amounts apportioned 
under subsections (c) and (d) in that fiscal year and 
the amount otherwise apportioned under those sub-
sections to airports in a United States Territory in 
that fiscal year.’’. 
SEC. 218. 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 Management, 
Department of Interior. 
(b) GRANTS.—Notwithstanding any other provision of 
law, the municipality of Anchorage shall be released from 
the repayment of any outstanding grant obligations owed 
by the municipality to the Federal Aviation Administration 
with respect to any land described in subsection (a) that 
is subsequently conveyed to or used by the Department of
HR 1586 EAS 
Transportation and Public Facilities of the State of Alaska 
for the construction or reconstruction of a federally sub-
sidized highway project. 
SEC. 219. RELEASE FROM RESTRICTIONS. 
(a) IN GENERAL.—Subject to subsection (b), and not-
withstanding section 16 of the Federal Airport Act (as in 
effect on August 28, 1973) and sections 47125 and 47153 
of title 49, United States Code, the Secretary of Transpor-
tation is authorized to grant releases from any of the terms, 
conditions, reservations, and restrictions contained in the 
deed of conveyance dated August 28, 1973, under which the 
United States conveyed certain property to the city of St. 
George, Utah, for airport purposes. 
(b) CONDITION.—Any release granted by the Secretary 
of Transportation pursuant to subsection (a) shall be subject 
to the following conditions: 
(1) The city of St. George, Utah, shall agree that 
in conveying any interest in the property which the 
United States conveyed to the city by deed on August 
28, 1973, the city will receive an amount for such in-
terest which is equal to its fair market value. 
(2) Any amount received by the city under para-
graph (1) shall be used by the city of St. George, 
Utah, for the development or improvement of a re-
placement public airport.
HR 1586 EAS 
SEC. 220. DESIGNATION OF FORMER MILITARY AIRPORTS. 
Section 47118(g) is amended by striking ‘‘one’’ and 
inserting ‘‘three’’ in its place. 
SEC. 221. AIRPORT SUSTAINABILITY PLANNING WORKING 
GROUP. 
(a) IN GENERAL.—The Administrator shall establish 
an airport sustainability working group to assist the Ad-
ministrator with issues pertaining to airport sustainability 
practices. 
(b) MEMBERSHIP.—The Working Group shall be com-
prised of not more than 15 members including— 
(1) the Administrator; 
(2) 5 member organizations representing avia-
tion interests including: 
(A) an organization representing airport 
operators; 
(B) an organization representing airport 
employees; 
(C) an organization representing air car-
riers; 
(D) an organization representing airport 
development and operations experts; 
(E) a labor organization representing avia-
tion employees. 
(3) 9 airport chief executive officers which shall 
include:
HR 1586 EAS 
(A) at least one from each of the FAA Re-
gions; 
(B) at least 1 large hub; 
(C) at least 1 medium hub; 
(D) at least 1 small hub; 
(E) at least 1 non hub; 
(F) at least 1 general aviation airport. 
(c) FUNCTIONS.— 
(1) develop consensus-based best practices and 
metrics for the sustainable design, construction, plan-
ning, maintenance, and operation of an airport that 
comply with the guidelines prescribed by the Admin-
istrator; 
(2) develop standards for a consensus-based rat-
ing system based on the aforementioned best practices, 
metrics, and ratings; and 
(3) develop standards for a voluntary ratings 
process, based on the aforementioned best practices, 
metrics, and ratings; 
(4) examine and submit recommendations for the 
industry’s next steps with regard to sustainability. 
(d) DETERMINATION.—The Administrator shall pro-
vide assurance that the best practices developed by the work-
ing group under paragraph (a) are not in conflict with any
HR 1586 EAS 
federal aviation or federal, state or local environmental reg-
ulation. 
(e) UNPAID POSITION.—Working Group members shall 
serve at their own expense and receive no salary, reimburse-
ment of travel expenses, or other compensation from the 
Federal Government. 
(f) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the 
Working Group under this section. 
(g) REPORT.—Not later than one year after the date 
of enactment the Working Group shall submit a report to 
the Administrator containing the best practices and stand-
ards contained in paragraph (c). After receiving the report, 
the Administrator may publish such best practices in order 
to disseminate the information to support the sustainable 
design, construction, planning, maintenance, and oper-
ations of airports. 
(h) No funds may be authorized to carry out this pro-
vision. 
SEC. 222. INCLUSION OF MEASURES TO IMPROVE THE EFFI-
CIENCY OF AIRPORT BUILDINGS IN AIRPORT 
IMPROVEMENT PROJECTS. 
Section 47101(a) is amended— 
(1) in paragraph (12), by striking ‘‘; and’’ and 
inserting a semicolon;
HR 1586 EAS 
(2) in paragraph (13), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(14) that the airport improvement program 
should be administered to allow measures to improve 
the efficiency of airport buildings to be included in 
airport improvement projects, such as measures de-
signed to meet one or more of the criteria for being 
a high-performance green building set forth in section 
401(13) of the Energy Independence and Security Act 
of 2007 (42 U.S.C. 17061(13)), if any significant in-
crease in upfront project costs from any such measure 
is justified by expected savings over the lifecycle of the 
project.’’. 
SEC. 223. STUDY ON APPORTIONING AMOUNTS FOR AIR-
PORT IMPROVEMENT IN PROPORTION TO 
AMOUNTS OF AIR TRAFFIC. 
(a) STUDY AND REPORT REQUIRED.—Not later than 
180 days after the date of the enactment of this Act, the 
Administrator of the Federal Aviation Administration 
shall— 
(1) complete a study on the feasibility and advis-
ability of apportioning amounts under section 
47114(c)(1) of title 49, United States Code, to the 
sponsor of each primary airport for each fiscal year
HR 1586 EAS 
an amount that bears the same ratio to the amount 
subject to the apportionment for fiscal year 2009 as 
the number of passenger boardings at the airport dur-
ing the prior calendar year bears to the aggregate of 
all passenger boardings at all primary airports dur-
ing that calendar year; and 
(2) submit to Congress a report on the study 
completed under paragraph (1). 
(b) REPORT CONTENTS.—The report required by sub-
section (a)(2) shall include the following: 
(1) A description of the study carried out under 
subsection (a)(1). 
(2) The findings of the Administrator with re-
spect to such study. 
(3) A list of each sponsor of a primary airport 
that received an amount under section 47114(c)(1) of 
title 49, United States Code, in 2009. 
(4) For each sponsor listed in accordance with 
paragraph (3), the following: 
(A) The amount such sponsor received, if 
any, in 2005, 2006, 2007, 2008, and 2009 under 
such section 47114(c)(1). 
(B) An explanation of how the amount 
awarded to such sponsor was determined.
HR 1586 EAS 
(C) The average number of air passenger 
flights serviced each month at the airport of such 
sponsor in 2009. 
(D) The number of enplanements for air 
passenger transportation at such airport in 
2005, 2006, 2007, 2008, and 2009. 
TITLE 
III—AIR 
TRAFFIC 
CON-
TROL MODERNIZATION AND 
FAA REFORM 
SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVER-
SIGHT BOARD. 
Section 106(p) is amended to read as follows: 
‘‘(p) AIR TRAFFIC CONTROL MODERNIZATION OVER-
SIGHT BOARD.— 
‘‘(1) ESTABLISHMENT.—Within 90 days after the 
date of enactment of the FAA Air Transportation 
Modernization and Safety Improvement Act, the Sec-
retary shall establish and appoint the members of an 
advisory Board which shall be known as the Air Traf-
fic Control Modernization Oversight Board. 
‘‘(2) MEMBERSHIP.—The Board shall be com-
prised of the individual appointed or designated 
under section 302 of the FAA Air Transportation 
Modernization and Safety Improvement Act (who
HR 1586 EAS 
shall serve ex officio without the right to vote) and 9 
other members, who shall consist of— 
‘‘(A) the Administrator and a representa-
tive from the Department of Defense; 
‘‘(B) 1 member who shall have a fiduciary 
responsibility to represent the public interest; 
and 
‘‘(C) 6 members representing aviation inter-
ests, as follows: 
‘‘(i) 1 representative that is the chief 
executive officer of an airport. 
‘‘(ii) 1 representative that is the chief 
executive officer of a passenger or cargo air 
carrier. 
‘‘(iii) 1 representative of a labor orga-
nization representing employees at the Fed-
eral Aviation Administration that are in-
volved with the operation of the air traffic 
control system. 
‘‘(iv) 1 representative with extensive 
operational experience in the general avia-
tion community. 
‘‘(v) 1 representative from an aircraft 
manufacturer.
HR 1586 EAS 
‘‘(vi) 1 representative of a labor orga-
nization representing employees at the Fed-
eral Aviation Administration who are in-
volved with maintenance of the air traffic 
control system. 
‘‘(3) APPOINTMENT AND QUALIFICATIONS.— 
‘‘(A) Members of the Board appointed under 
paragraphs (2)(B) and (2)(C) shall be appointed 
by the President, by and with the advice and 
consent of the Senate. 
‘‘(B) Members of the Board appointed under 
paragraph (2)(B) shall be citizens of the United 
States and shall be appointed without regard to 
political affiliation and solely on the basis of 
their professional experience and expertise in one 
or more of the following areas and, in the aggre-
gate, should collectively bring to bear expertise 
in— 
‘‘(i) management of large service orga-
nizations; 
‘‘(ii) customer service; 
‘‘(iii) management of large procure-
ments; 
‘‘(iv) information and communications 
technology;
HR 1586 EAS 
‘‘(v) organizational development; and 
‘‘(vi) labor relations. 
‘‘(C) Of the members first appointed under 
paragraphs (2)(B) and (2)(C)— 
‘‘(i) 2 shall be appointed for terms of 
1 year; 
‘‘(ii) 1 shall be appointed for a term of 
2 years; 
‘‘(iii) 1 shall be appointed for a term 
of 3 years; and 
‘‘(iv) 1 shall be appointed for a term 
of 4 years. 
‘‘(4) FUNCTIONS.— 
‘‘(A) IN GENERAL.—The Board shall— 
‘‘(i) review and provide advice on the 
Administration’s modernization programs, 
budget, and cost accounting system; 
‘‘(ii) review the Administration’s stra-
tegic plan and make recommendations on 
the non-safety program portions of the plan, 
and provide advice on the safety programs 
of the plan; 
‘‘(iii) review the operational efficiency 
of the air traffic control system and make
HR 1586 EAS 
recommendations on the operational and 
performance metrics for that system; 
‘‘(iv) approve procurements of air traf-
fic 
control 
equipment 
in 
excess 
of 
$100,000,000; 
‘‘(v) approve by July 31 of each year 
the Administrator’s budget request for fa-
cilities and equipment prior to its submis-
sion to the Office of Management and budg-
et, including which programs are proposed 
to be funded from the Air Traffic control 
system Modernization Account of the Air-
port and Airway Trust Fund; 
‘‘(vi) approve the Federal Aviation Ad-
ministration’s Capital Investment Plan 
prior to its submission to the Congress; 
‘‘(vii) annually review and make rec-
ommendations on the NextGen Implementa-
tion Plan; 
‘‘(viii) approve the Administrator’s se-
lection of the Chief NextGen Officer ap-
pointed or designated under section 302(a) 
of the FAA Air Transportation Moderniza-
tion and Safety Improvement Act; and
HR 1586 EAS 
‘‘(ix) approve the selection of the head 
of the Joint Planning and Development Of-
fice. 
‘‘(B) MEETINGS.—The Board shall meet on 
a regular and periodic basis or at the call of the 
Chairman or of the Administrator. 
‘‘(C) ACCESS TO DOCUMENTS AND STAFF.— 
The Administration may give the Board appro-
priate access to relevant documents and per-
sonnel of the Administration, and the Adminis-
trator shall make available, consistent with the 
authority to withhold commercial and other pro-
prietary information under section 552 of title 5, 
cost data associated with the acquisition and op-
eration of air traffic control systems. Any mem-
ber of the Board who receives commercial or 
other proprietary data from the Administrator 
shall be subject to the provisions of section 1905 
of title 18, pertaining to unauthorized disclosure 
of such information. 
‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT 
TO APPLY.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Board or such 
rulemaking committees as the Administrator shall 
designate.
HR 1586 EAS 
‘‘(6) ADMINISTRATIVE MATTERS.— 
‘‘(A) TERMS OF MEMBERS.—Except as pro-
vided in paragraph (3)(C), members of the 
Board appointed under paragraph (2)(B) and 
(2)(C) shall be appointed for a term of 4 years. 
‘‘(B) REAPPOINTMENT.—No individual may 
be appointed to the Board for more than 8 years 
total. 
‘‘(C) VACANCY.—Any vacancy on the Board 
shall be filled in the same manner as the original 
position. Any member appointed to fill a va-
cancy occurring before the expiration of the term 
for which the member’s predecessor was ap-
pointed shall be appointed for a term of 4 years. 
‘‘(D) CONTINUATION IN OFFICE.—A member 
of the Board whose term expires shall continue 
to serve until the date on which the member’s 
successor takes office. 
‘‘(E) REMOVAL.—Any member of the Board 
appointed under paragraph (2)(B) or (2)(C) 
may be removed by the President for cause. 
‘‘(F) CLAIMS
AGAINST
MEMBERS
OF
THE 
BOARD.— 
‘‘(i) IN
GENERAL.—A member ap-
pointed to the Board shall have no personal
HR 1586 EAS 
liability under State or Federal law with 
respect to any claim arising out of or re-
sulting from an act or omission by such 
member within the scope of service as a 
member of the Board. 
‘‘(ii) EFFECT ON OTHER LAW.—This 
subparagraph shall not be construed— 
‘‘(I) to affect any other immunity 
or protection that may be available to 
a member of the Board under applica-
ble law with respect to such trans-
actions; 
‘‘(II) to affect any other right or 
remedy against the United States 
under applicable law; or 
‘‘(III) to limit or alter in any 
way the immunities that are available 
under applicable law for Federal offi-
cers and employees. 
‘‘(G) 
ETHICAL
CONSIDERATIONS.—Each 
member of the Board appointed under para-
graph (2)(B) must certify that the member— 
‘‘(i) does not have a pecuniary interest 
in, or own stock in or bonds of, an aviation 
or aeronautical enterprise, except an inter-
HR 1586 EAS 
est in a diversified mutual fund or an in-
terest that is exempt from the application of 
section 208 of title 18; 
‘‘(ii) does not engage in another busi-
ness related to aviation or aeronautics; and 
‘‘(iii) is not a member of any organi-
zation that engages, as a substantial part of 
its activities, in activities to influence avia-
tion-related legislation. 
‘‘(H) CHAIRMAN; 
VICE
CHAIRMAN.—The 
Board shall elect a chair and a vice chair from 
among its members, each of whom shall serve for 
a term of 2 years. The vice chair shall perform 
the duties of the chairman in the absence of the 
chairman. 
‘‘(I) COMPENSATION.—No member shall re-
ceive any compensation or other benefits from the 
Federal Government for serving on the Board, 
except for compensation benefits for injuries 
under subchapter I of chapter 81 of title 5 and 
except as provided under subparagraph (J). 
‘‘(J) EXPENSES.—Each member of the 
Board shall be paid actual travel expenses and 
per diem in lieu of subsistence expenses when
HR 1586 EAS 
away from his or her usual place of residence, in 
accordance with section 5703 of title 5. 
‘‘(K) BOARD RESOURCES.—From resources 
otherwise available to the Administrator, the 
Chairman shall appoint such staff to assist the 
board and provide impartial analysis, and the 
Administrator shall make available to the Board 
such information and administrative services 
and assistance, as may reasonably be required to 
enable the Board to carry out its responsibilities 
under this subsection. 
‘‘(L) QUORUM AND VOTING.—A simple ma-
jority of members of the Board duly appointed 
shall constitute a quorum. A majority vote of 
members present and voting shall be required for 
the Committee to take action. 
‘‘(7) AIR TRAFFIC CONTROL SYSTEM DEFINED.— 
In this subsection, the term ‘air traffic control system’ 
has the meaning given that term in section 
40102(a).’’. 
SEC. 302. NEXTGEN MANAGEMENT. 
(a) IN GENERAL.—The Administrator shall appoint or 
designate an individual, as the Chief NextGen Officer, to 
be responsible for implementation of all Administration
HR 1586 EAS 
programs associated with the Next Generation Air Trans-
portation System. 
(b) SPECIFIC DUTIES.—The individual appointed or 
designated under subsection (a) shall— 
(1) oversee the implementation of all Adminis-
tration NextGen programs; 
(2) coordinate implementation of those NextGen 
programs with the Office of Management and Budget; 
(3) develop an annual NextGen implementation 
plan; 
(4) ensure that Next Generation Air Transpor-
tation System implementation activities are planned 
in such a manner as to require that system architec-
ture is designed to allow for the incorporation of 
novel and currently unknown technologies into the 
System in the future and that current decisions do 
not bias future decisions unfairly in favor of existing 
technology at the expense of innovation; and 
(5) oversee the Joint Planning and Development 
Office’s facilitation of cooperation among all Federal 
agencies whose operations and interests are affected 
by implementation of the NextGen programs.
HR 1586 EAS 
SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAF-
FIC SERVICES. 
Section 106(l) is amended by adding at the end the 
following: 
‘‘(7) AIR TRAFFIC SERVICES.—In determining 
what actions to take, by rule or through an agreement 
or transaction under paragraph (6) or under section 
44502, to permit non-Government providers of com-
munications, navigation, surveillance or other services 
to provide such services in the National Airspace Sys-
tem, or to require the usage of such services, the Ad-
ministrator shall consider whether such actions 
would— 
‘‘(A) promote the safety of life and property; 
‘‘(B) improve the efficiency of the National 
Airspace System and reduce the regulatory bur-
den upon National Airspace System users, based 
upon sound engineering principles, user oper-
ational requirements, and marketplace demands; 
‘‘(C) encourage competition and provide 
services to the largest feasible number of users; 
and 
‘‘(D) take into account the unique role 
served by general aviation.’’.
HR 1586 EAS 
SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO 
REIMBURSABLE AGREEMENTS. 
Section 106(m) is amended by striking ‘‘without’’ in 
the last sentence and inserting ‘‘with or without’’. 
SEC. 305. CLARIFICATION TO ACQUISITION REFORM AU-
THORITY. 
Section 40110(c) is amended— 
(1) by inserting ‘‘and’’ after the semicolon in 
paragraph (3); 
(2) by striking paragraph (4); and 
(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES. 
Section 40113(e) is amended— 
(1) by inserting ‘‘(whether public or private)’’ in 
paragraph (1) after ‘‘authorities’’; 
(2) by striking ‘‘safety.’’ in paragraph (1) and 
inserting ‘‘safety or efficiency. The Administrator is 
authorized to participate in, and submit offers in re-
sponse to, competitions to provide these services, and 
to contract with foreign aviation authorities to pro-
vide these services consistent with the provisions 
under section 106(l)(6) of this title. The Adminis-
trator is also authorized, notwithstanding any other 
provision of law or policy, to accept payments in ar-
rears.’’; and
HR 1586 EAS 
‘‘(II) the term ‘senior executive’ 
means a Federal Aviation Administra-
tion executive; 
‘‘(III) the term ‘career appointee’ 
means a Federal Aviation Administra-
tion career executive; and 
‘‘(IV) the term ‘senior career em-
ployee’ means a Federal Aviation Ad-
ministration career senior professional; 
‘‘(ii) receipt by a career appointee of 
the rank of Meritorious Executive or Meri-
torious Senior Professional entitles such in-
dividual to a lump-sum payment of an 
amount equal to 20 percent of annual basic 
pay, which shall be in addition to the basic 
pay paid under the Federal Aviation Ad-
ministration Executive Compensation Plan; 
and 
‘‘(iii) receipt by a career appointee of 
the rank of Distinguished Executive or Dis-
tinguished Senior Professional entitles the 
individual to a lump-sum payment of an 
amount equal to 35 percent of annual basic 
pay, which shall be in addition to the basic 
pay paid under the Federal Aviation Ad-
HR 1586 EAS 
ministration 
Executive 
Compensation 
Plan.’’. 
SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESS-
MENT. 
(a) FAA CRITERIA FOR FACILITIES REALIGNMENT.— 
Within 9 months after the date of enactment of this Act, 
the Administrator, after providing an opportunity for pub-
lic comment, shall publish final criteria to be used in mak-
ing the Administrator’s recommendations for the realign-
ment of services and facilities to assist in the transition 
to next generation facilities and help reduce capital, oper-
ating, maintenance, and administrative costs with no ad-
verse effect on safety. 
(b) REALIGNMENT
RECOMMENDATIONS.—Within 9 
months after publication of the criteria, the Administrator 
shall publish a list of the services and facilities that the 
Administrator recommends for realignment, including a 
justification for each recommendation and a description of 
the costs and savings of such transition, in the Federal Reg-
ister and allow 45 days for the submission of public com-
ments to the Board. In addition, the Administrator upon 
request shall hold a public hearing in any community that 
would be affected by a recommendation in the report. 
(c) STUDY BY BOARD.—The Air Traffic Control Mod-
ernization Oversight Board established by section 106(p) of
HR 1586 EAS 
title 49, United States Code, shall study the Administrator’s 
recommendations for realignment and the opportunities, 
risks, and benefits of realigning services and facilities of 
the Administration to help reduce capital, operating, main-
tenance, and administrative costs with no adverse effect on 
safety. 
(d) REVIEW AND RECOMMENDATIONS.— 
(1) Based on its review and analysis of the Ad-
ministrator’s recommendations and any public com-
ment it may receive, the Board shall make its inde-
pendent recommendations for realignment of aviation 
services or facilities and submit its recommendations 
in a report to the President, the Senate Committee on 
Commerce, Science, and Transportation, and the 
House of Representatives Committee on Transpor-
tation and Infrastructure. 
(2) The Board shall explain and justify in its re-
port any recommendation made by the Board that is 
different from the recommendations made by the Ad-
ministrator pursuant to subsection (b). 
(3) The Administrator may not realign any air 
traffic control facilities or regional offices until the 
Board’s recommendations are complete, unless for 
each proposed realignment the Administrator and 
each exclusive bargaining representative certified
HR 1586 EAS 
under section 7114 of title 5, United States Code, of 
affected employees execute a written agreement re-
garding the proposed realignment. 
(e) REALIGNMENT DEFINED.—In this section, the term 
‘‘realignment’’— 
(1) means a relocation or reorganization of func-
tions, services, or personnel positions, including a fa-
cility closure, consolidation, deconsolidation, colloca-
tion, decombining, decoupling, split, or inter-facility 
or inter-regional reorganization that requires a reas-
signment of employees; but 
(2) does not include a reduction in personnel re-
sulting from workload adjustments. 
SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYS-
TEM IMPLEMENTATION OFFICE. 
(a) IMPROVED
COOPERATION
AND
COORDINATION 
AMONG PARTICIPATING AGENCIES.—Section 709 of the Vi-
sion 100—Century of Aviation Reauthorization Act (49 
U.S.C. 40101 note) is amended— 
(1) by inserting ‘‘strategic and cross-agency’’ 
after ‘‘manage’’ in subsection (a)(1); 
(2) by adding at the end of subsection (a)(1) 
‘‘The office shall be headed by a Director, who shall 
report to the Chief NextGen Officer appointed or des-
ignated under section 302(a) of the FAA Air Trans-
HR 1586 EAS 
portation Modernization and Safety Improvement 
Act.’’; 
(3) by inserting ‘‘(A)’’ after ‘‘(3)’’ in subsection 
(a)(3); 
(4) by inserting after subsection (a)(3) the fol-
lowing: 
‘‘(B) The Administrator, the Secretary of 
Defense, the Administrator of the National Aero-
nautics and Space Administration, the Secretary 
of Commerce, the Secretary of Homeland Secu-
rity, and the head of any other Department or 
Federal agency from which the Secretary of 
Transportation requests assistance under sub-
paragraph (A) shall designate an implementa-
tion office to be responsible for— 
‘‘(i) carrying out the Department or 
agency’s Next Generation Air Transpor-
tation System implementation activities 
with the Office; 
‘‘(ii) liaison and coordination with 
other Departments and agencies involved in 
Next Generation Air Transportation System 
activities; and 
‘‘(iii) managing all Next Generation 
Air Transportation System programs for
HR 1586 EAS 
the Department or agency, including nec-
essary budgetary and staff resources, includ-
ing, for the Federal Aviation Administra-
tion, those projects described in section 
44501(b)(5) of title 49, United States Code). 
‘‘(C) The head of any such Department or 
agency shall ensure that— 
‘‘(i) the Department’s or agency’s Next 
Generation Air Transportation System re-
sponsibilities are clearly communicated to 
the designated office; and 
‘‘(ii) the performance of supervisory 
personnel in that office in carrying out the 
Department’s or agency’s Next Generation 
Air Transportation System responsibilities 
is reflected in their annual performance 
evaluations and compensation decisions. 
‘‘(D)(i) Within 6 months after the date of 
enactment of the FAA Air Transportation Mod-
ernization and Safety Improvement Act, the 
head of each such Department or agency shall 
execute a memorandum of understanding with 
the Office and with the other Departments and 
agencies participating in the Next Generation 
Air Transportation System project that—
HR 1586 EAS 
‘‘(I) describes the respective responsibil-
ities of each such Department and agency, 
including budgetary commitments; and 
‘‘(II) the budgetary and staff resources 
committed to the project. 
‘‘(ii) The memorandum shall be revised as 
necessary to reflect any changes in such respon-
sibilities or commitments and be reflected in 
each Department or agency’s budget request.’’; 
(5) by striking ‘‘beyond those currently included 
in the Federal Aviation Administration’s operational 
evolution plan’’ in subsection (b); 
(6) by striking ‘‘research and development road-
map’’ in subsection (b)(3) and inserting ‘‘implemen-
tation plan’’; 
(7) by striking ‘‘and’’ after the semicolon in sub-
section (b)(3)(B); 
(8) by inserting after subsection (b)(3)(C) the fol-
lowing: 
‘‘(D) a schedule of rulemakings required to 
issue regulations and guidelines for implementa-
tion of the Next Generation Air Transportation 
System within a timeframe consistent with the 
integrated plan; and’’;
HR 1586 EAS 
(9) by inserting ‘‘and key technologies’’ after 
‘‘concepts’’ in subsection (b)(4); 
(10) by striking ‘‘users’’ in subsection (b)(4) and 
inserting ‘‘users, an implementation plan,’’; 
(11) by adding at the end of subsection (b) the 
following: 
‘‘Within 6 months after the date of enactment of the FAA 
Air Transportation Modernization and Safety Improve-
ment Act, the Administrator shall develop the implementa-
tion plan described in paragraph (3) of this subsection and 
shall update it annually thereafter.’’; and 
(12) by striking ‘‘2010.’’ in subsection (e) and 
inserting ‘‘2011.’’. 
(b) SENIOR POLICY COMMITTEE MEETINGS.—Section 
710(a) of such Act (49 U.S.C. 40101 note) is amended by 
striking ‘‘Secretary.’’ and inserting ‘‘Secretary and shall 
meet at least once each quarter.’’. 
SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY. 
Section 40102(a)(4) is amended— 
(1) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) runway lighting and airport surface 
visual and other navigation aids;’’; 
(2) by striking ‘‘weather information, signaling, 
radio-directional finding, or radio or other electro-
HR 1586 EAS 
magnetic communication; and’’ in subparagraph (C) 
and inserting ‘‘aeronautical and meteorological infor-
mation to air traffic control facilities or aircraft, sup-
plying communication, navigation or surveillance 
equipment for air-to-ground or air-to-air applica-
tions;’’; 
(3) by striking ‘‘another structure’’ in subpara-
graph (D) and inserting ‘‘any structure, equipment,’’; 
(4) by striking ‘‘aircraft.’’ in subparagraph (D) 
and inserting ‘‘aircraft; and’’; and 
(5) by adding at the end the following: 
‘‘(E) buildings, equipment, and systems 
dedicated to the National Airspace System.’’. 
SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVEN-
TORY. 
Section 40110(a)(2) is amended by striking ‘‘com-
pensation; and’’ and inserting ‘‘compensation, and the 
amount received may be credited to the appropriation cur-
rent when the amount is received; and’’. 
SEC. 312. EDUCATIONAL REQUIREMENTS. 
The Administrator shall make payments to the De-
partment of Defense for the education of dependent children 
of those Administration employees in Puerto Rico and 
Guam as they are subject to transfer by policy and practice
HR 1586 EAS 
and meet the eligibility requirements of section 2164(c) of 
title 10, United States Code. 
SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM. 
Section 40122(a)(2) is amended to read as follows: 
‘‘(2) DISPUTE RESOLUTION.— 
‘‘(A) MEDIATION.—If the Administrator 
does not reach an agreement under paragraph 
(1) or subsection (g)(2)(C) with the exclusive 
bargaining representatives, the services of the 
Federal Mediation and Conciliation Service shall 
be used to attempt to reach such agreement in 
accordance with part 1425 of title 29, Code of 
Federal Regulations. The Administrator and 
bargaining representatives may by mutual agree-
ment adopt procedures for the resolution of dis-
putes or impasses arising in the negotiation of a 
collective-bargaining agreement. 
‘‘(B) BINDING ARBITRATION.—If the serv-
ices of the Federal Mediation and Conciliation 
Service under subparagraph (A) do not lead to 
an agreement, the Administrator and the bar-
gaining representatives shall submit their issues 
in controversy to the Federal Service Impasses 
Panel in accordance with section 7119 of title 5. 
The Panel shall assist the parties in resolving the
HR 1586 EAS 
impasse by asserting jurisdiction and ordering 
binding arbitration by a private arbitration 
board consisting of 3 members in accordance 
with section 2471.6(a)(2)(ii) of title 5, Code of 
Federal Regulations. The executive director of the 
Panel shall request a list of not less than 15 
names of arbitrators with Federal sector experi-
ence from the director of the Federal Mediation 
and Conciliation Service to be provided to the 
Administrator and the bargaining representa-
tives. Within 10 days after receiving the list, the 
parties shall each select 1 person. The 2 arbitra-
tors shall then select a third person from the list 
within 7 days. If the 2 arbitrators are unable to 
agree on the third person, the parties shall select 
the third person by alternately striking names 
from the list until only 1 name remains. If the 
parties do not agree on the framing of the issues 
to be submitted, the arbitration board shall 
frame the issues. The arbitration board shall give 
the parties a full and fair hearing, including an 
opportunity to present evidence in support of 
their claims, and an opportunity to present their 
case in person, by counsel, or by other represent-
ative as they may elect. Decisions of the arbitra-
HR 1586 EAS 
tion board shall be conclusive and binding upon 
the parties. The arbitration board shall render 
its decision within 90 days after its appoint-
ment. The Administrator and the bargaining 
representative shall share costs of the arbitration 
equally. The arbitration board shall take into 
consideration the effect of its arbitration deci-
sions on the Federal Aviation Administration’s 
ability to attract and retain a qualified work-
force and the Federal Aviation Administration’s 
budget. 
‘‘(C) EFFECT.—Upon reaching a voluntary 
agreement or at the conclusion of the binding ar-
bitration under subparagraph (B) above, the 
final agreement, except for those matters decided 
by the arbitration board, shall be subject to rati-
fication by the exclusive representative, if so re-
quested by the exclusive representative, and ap-
proval by the head of the agency in accordance 
with subsection (g)(2)(C). 
‘‘(D) ENFORCEMENT.—Enforcement of the 
provisions of this paragraph shall be in the 
United States District Court for the District of 
Columbia.’’.
HR 1586 EAS 
SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES. 
(a) OEP AIRPORT PROCEDURES.— 
(1) IN GENERAL.—Within 6 months after the 
date of enactment of this Act, the Administrator shall 
publish a report, after consultation with representa-
tives of appropriate Administration employee groups, 
airport operators, air carriers, general aviation rep-
resentatives, and aircraft manufacturers that includes 
the following: 
(A) RNP/RNAV 
OPERATIONS.—The re-
quired navigation performance and area naviga-
tion operations, including the procedures to be 
developed, certified, and published and the air 
traffic control operational changes, to maximize 
the efficiency and capacity of NextGen commer-
cial operations at the 35 Operational Evolution 
Partnership airports identified by the Adminis-
tration. 
(B) COORDINATION
AND
IMPLEMENTATION 
ACTIVITIES.—A description of the activities and 
operational changes and approvals required to 
coordinate and utilize those procedures at those 
airports. 
(C) IMPLEMENTATION
PLAN.—A plan for 
implementing those procedures that establishes—
HR 1586 EAS 
(i) clearly defined budget, schedule, 
project organization, and leadership re-
quirements; 
(ii) specific implementation and tran-
sition steps; and 
(iii) baseline and performance metrics 
for measuring the Administration’s progress 
in implementing the plan, including the 
percentage utilization of required naviga-
tion performance in the National Airspace 
System. 
(D) COST/BENEFIT
ANALYSIS
FOR
THIRD- 
PARTY USAGE.—An assessment of the costs and 
benefits of using third parties to assist in the de-
velopment of the procedures. 
(E) ADDITIONAL PROCEDURES.—A process 
for the identification, certification, and publica-
tion of additional required navigation perform-
ance and area navigation procedures that may 
be required at such airports in the future. 
(2) IMPLEMENTATION SCHEDULE.—The Admin-
istrator shall certify, publish, and implement— 
(A) 30 percent of the required procedures 
within 18 months after the date of enactment of 
this Act;
HR 1586 EAS 
(B) 60 percent of the procedures within 36 
months after the date of enactment of this Act; 
and 
(C) 100 percent of the procedures before 
January 1, 2014. 
(b) EXPANSION OF PLAN TO OTHER AIRPORTS.— 
(1) IN
GENERAL.—No later than January 1, 
2014, the Administrator shall publish a report, after 
consultation with representatives of appropriate Ad-
ministration employee groups, airport operators, and 
air carriers, that includes a plan for applying the 
procedures, requirements, criteria, and metrics de-
scribed in subsection (a)(1) to other airports across 
the Nation. 
(2) IMPLEMENTATION SCHEDULE.—The Admin-
istrator shall certify, publish, and implement— 
(A) 25 percent of the required procedures at 
such other airports before January 1, 2015; 
(B) 50 percent of the procedures at such 
other airports before January 1, 2016; 
(C) 75 percent of the procedures at such 
other airports before January 1, 2017; and 
(D) 100 percent of the procedures before 
January 1, 2018.
HR 1586 EAS 
(c) ESTABLISHMENT OF PRIORITIES.—The Adminis-
trator shall extend the charter of the Performance Based 
Navigation Aviation Rulemaking Committee as necessary 
to authorize and request it to establish priorities for the de-
velopment, certification, publication, and implementation 
of the navigation performance and area navigation proce-
dures based on their potential safety and congestion bene-
fits. 
(d) COORDINATED AND EXPEDITED REVIEW.—Navi-
gation performance and area navigation procedures devel-
oped, certified, published, and implemented under this sec-
tion shall be presumed to be covered by a categorical exclu-
sion (as defined in section 1508.4 of title 40, Code of Fed-
eral Regulations) under chapter 3 of FAA Order 1050.1E 
unless the Administrator determines that extraordinary cir-
cumstances exist with respect to the procedure. 
(e) DEPLOYMENT PLAN FOR NATIONWIDE DATA COM-
MUNICATIONS SYSTEM.—Within 1 year after the date of en-
actment of this Act, the Administrator shall submit a plan 
for implementation of a nationwide communications system 
to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Transportation and Infrastructure. The plan shall in-
clude—
HR 1586 EAS 
(1) clearly defined budget, schedule, project orga-
nization, and leadership requirements; 
(2) specific implementation and transition steps; 
and 
(3) baseline and performance metrics for meas-
uring the Administration’s progress in implementing 
the plan. 
(f) IMPROVED PERFORMANCE STANDARDS.—Within 
90 days after the date of enactment of this Act, the Adminis-
trator shall submit a report to the Senate committee on 
commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infra-
structure that— 
(1) evaluates whether utilization of ADS–B, 
RNP, and other technologies as part of the NextGen 
Air Transportation System implementation plan will 
display the position of aircraft more accurately and 
frequently so as to enable a more efficient use of exist-
ing airspace and result in reduced consumption of 
aviation fuel and aircraft engine emissions; 
(2) evaluates the feasibility of reducing aircraft 
separation standards in a safe manner as a result of 
implementation of such technologies; and
HR 1586 EAS 
(3) if the Administrator determines that such 
standards can be reduced safely, includes a timetable 
for implementation of such reduced standards. 
SEC. 315. ADS–B DEVELOPMENT AND IMPLEMENTATION. 
(a) IN GENERAL.— 
(1) REPORT REQUIRED.—Within 90 days after 
the date of enactment of this Act, the Administrator 
shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the 
House of Representatives Committee on Transpor-
tation and Infrastructure detailing the Administra-
tion’s program and schedule for integrating ADS–B 
technology into the National Airspace System. The re-
port shall include— 
(A) a clearly defined budget, schedule, 
project organization, leadership, and the specific 
implementation or transition steps required to 
achieve these ADS–B ground station installation 
goals; 
(B) a transition plan for ADS–B that in-
cludes date-specific milestones for the implemen-
tation of new capabilities into the National Air-
space System;
HR 1586 EAS 
(C) identification of any potential oper-
ational or workforce changes resulting from de-
ployment of ADS–B; 
(D) detailed plans and schedules for imple-
mentation of advanced operational procedures 
and ADS–B air-to-air applications; and 
(E) baseline and performance metrics in 
order to measure the agency’s progress. 
(2) IDENTIFICATION AND MEASUREMENT OF 
BENEFITS.—In the report required by paragraph (1), 
the Administrator shall identify actual benefits that 
will accrue to National Airspace System users, small 
and medium-sized airports, and general aviation 
users from deployment of ADS–B and provide an ex-
planation of the metrics used to quantify those bene-
fits. 
(b) RULEMAKINGS.— 
(1) ADS–B OUT.—Not later than 45 days after 
the date of enactment of this Act the Administrator 
shall— 
(A) complete the initial rulemaking pro-
ceeding (Docket No. FAA–2007–29305; Notice 
No. 07–15; 72 FR 56947) to issue guidelines and 
regulations for ADS–B Out technology that—
HR 1586 EAS 
(i) identify the ADS–B Out technology 
that will be required under NextGen; 
(ii) subject to paragraph (3), require 
all aircraft to be equipped with such tech-
nology by 2015; and 
(iii) identify— 
(I) the type of such avionics re-
quired of aircraft for all classes of air-
space; 
(II) the expected costs associated 
with the avionics; and 
(III) the expected uses and bene-
fits of the avionics; and 
(B) initiate a rulemaking proceeding to 
issue any additional guidelines and regulations 
for ADS–B Out technology not addressed in the 
initial rulemaking. 
(2) ADS–B IN.—Not later than 45 days after the 
date of enactment of this Act the Administrator shall 
initiate a rulemaking proceeding to issue guidelines 
and regulations for ADS–B In technology that— 
(A) identify the ADS–B In technology that 
will be required under NextGen;
HR 1586 EAS 
(B) subject to paragraph (3), require all 
aircraft to be equipped with such technology by 
2018; and 
(C) identify— 
(i) the type of such avionics required of 
aircraft for all classes of airspace; 
(ii) the expected costs associated with 
the avionics; and 
(iii) the expected uses and benefits of 
the avionics. 
(3) READINESS VERIFICATION.—Before the date 
on which all aircraft are required to be equipped with 
ADS–B technology pursuant to rulemakings under 
paragraphs (1) and (2), the Air Traffic Control Mod-
ernization Oversight Board shall verify that— 
(A) the necessary ground infrastructure is 
installed and functioning properly; 
(B) certification standards have been ap-
proved; and 
(C) 
appropriate 
operational 
platforms 
interface safely and efficiently. 
(c) USES.—Within 18 months after the date of enact-
ment of this Act, the Administrator shall develop, in con-
sultation with appropriate employee groups, a plan for the
HR 1586 EAS 
use of ADS–B technology for surveillance and active air 
traffic control by 2015. The plans shall— 
(1) include provisions to test the use of ADS–B 
prior to the 2015 deadline for surveillance and active 
air traffic control in specific regions of the country 
with the most congested airspace; 
(2) identify the equipment required at air traffic 
control facilities and the training required for air 
traffic controllers; 
(3) develop procedures, in consultation with ap-
propriate employee groups, to conduct air traffic 
management in mixed equipage environments; and 
(4) establish a policy in these test regions, with 
consultation from appropriate employee groups, to 
provide incentives for equipage with ADS–B tech-
nology by giving priority to aircraft equipped with 
such technology before the 2015 and 2018 equipage 
deadlines. 
(d) CONDITIONAL EXTENSION
OF DEADLINES
FOR 
EQUIPPING AIRCRAFT WITH ADS–B TECHNOLOGY.— 
(1) ADS–B OUT.—In the case that the Adminis-
trator fails to complete the initial rulemaking de-
scribed in subparagraph (A) of subsection (b)(1) on or 
before the date that is 45 days after the date of the 
enactment of this Act, the deadline described in clause
HR 1586 EAS 
(ii) of such subparagraph shall be extended by an 
amount of time that is equal to the amount of time 
of the period beginning on the date that is 45 days 
after the date of the enactment of this Act and ending 
on the date on which the Administrator completes 
such initial rulemaking. 
(2) ADS–B IN.—In the case that the Adminis-
trator fails to initiate the rulemaking required by 
paragraph (2) of subsection (b) on or before the date 
that is 45 days after the date of the enactment of this 
Act, the deadline described in subparagraph (B) of 
such paragraph shall be extended by an amount of 
time that is equal to the amount of time of the period 
beginning on the date that is 45 days after the date 
of the enactment of this Act and ending on the date 
on which the Administrator initiates such rule-
making. 
SEC. 316. EQUIPAGE INCENTIVES. 
(a) IN GENERAL.—The Administrator shall issue a re-
port that— 
(1) identifies incentive options to encourage the 
equipage of aircraft with NextGen technologies, in-
cluding a policy that gives priority to aircraft 
equipped with ADS–B technology;
HR 1586 EAS 
(2) identifies the costs and benefits of each op-
tion; and 
(3) includes input from industry stakeholders, 
including passenger and cargo air carriers, aerospace 
manufacturers, and general aviation aircraft opera-
tors. 
(b) DEADLINE.—The Administrator shall issue the re-
port before the earlier of— 
(1) the date that is 6 months after the date of 
enactment of this Act; or 
(2) the date on which aircraft are required to be 
equipped with ADS–B technology pursuant to 
rulemakings under section 315(b) of this Act. 
SEC. 317. PERFORMANCE METRICS. 
(a) IN GENERAL.—No later than June 1, 2010, the Ad-
ministrator shall establish and track National Airspace 
System performance metrics, including, at a minimum— 
(1) the allowable operations per hour on run-
ways; 
(2) average gate-to-gate times; 
(3) fuel burned between key city pairs; 
(4) operations using the advanced procedures 
implemented under section 314 of this Act; 
(5) average distance flown between key city 
pairs;
HR 1586 EAS 
(6) time between pushing back from the gate and 
taking off; 
(7) uninterrupted climb or descent; 
(8) average gate arrival delay for all arrivals; 
(9) flown versus filed flight times for key city 
pairs; and 
(10) metrics to demonstrate reduced fuel burn 
and reduced emissions. 
(b) OPTIMAL BASELINES.—The Administrator, in con-
sultation with aviation industry stakeholders, shall identify 
optimal baselines for each of these metrics and appropriate 
methods to measure deviations from these baselines. 
(c) PUBLICATION.—The Administration shall make the 
data obtained under subsection (a) available to the public 
in a searchable, sortable, downloadable format through its 
website and other appropriate media. 
(d) REPORTS.— 
(1) INITIAL REPORT.—Not later than 90 days 
after the date of enactment of this Act, the Adminis-
trator shall submit to the Senate Committee on Com-
merce, Science, and Transportation and the House of 
Representatives Committee on Transportation and 
Infrastructure that contains— 
(A) a description of the metrics that will be 
used to measure the Administration’s progress in
HR 1586 EAS 
implementing NextGen Air Transportation Sys-
tem capabilities and operational results; and 
(B) information about how any additional 
metrics were developed. 
(2) ANNUAL PROGRESS REPORT.—The Adminis-
trator shall submit an annual progress report to those 
committees on the Administration’s progress in im-
plementing NextGen Air Transportation System. 
SEC. 318. CERTIFICATION STANDARDS AND RESOURCES. 
(a) IN GENERAL.—Within 6 months after the date of 
enactment of this Act, the Administrator shall develop a 
plan to accelerate and streamline the process for certifi-
cation of NextGen technologies, including— 
(1) updated project plans and timelines to meet 
the deadlines established by this title; 
(2) identification of the specific activities needed 
to certify core NextGen technologies, including the es-
tablishment of NextGen technical requirements for the 
manufacture of equipage, installation of equipage, 
airline operational procedures, pilot training stand-
ards, air traffic control procedures, and air traffic 
controller training; 
(3) staffing requirements for the Air Certifi-
cation Service and the Flight Standards Service, and 
measures addressing concerns expressed by the De-
HR 1586 EAS 
partment of Transportation Inspector General and 
the Comptroller General regarding staffing needs for 
modernization; 
(4) an assessment of the extent to which the Ad-
ministration will use third parties in the certification 
process, and the cost and benefits of this approach; 
and 
(5) performance metrics to measure the Adminis-
tration’s progress. 
(b) CERTIFICATION INTEGRITY.—The Administrator 
shall make no distinction between public or privately owned 
equipment, systems, or services used in the National Air-
space System when determining certification requirements. 
SEC. 319. REPORT ON FUNDING FOR NEXTGEN TECH-
NOLOGY. 
Not later than 120 days after the date of the enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall submit to Congress a report that con-
tains— 
(1) a financing proposal that— 
(A) uses innovative methods to fully fund 
the development and implementation of tech-
nology for the Next Generation Air Transpor-
tation System in a manner that does not in-
crease the Federal deficit; and
HR 1586 EAS 
(B) takes into consideration opportunities 
for involvement by public-private partnerships; 
and 
(C) recommends creative financing pro-
posals other than user fees or higher taxes; and 
(2) recommendations with respect to how the Ad-
ministrator and Congress can provide operational 
benefits, such as benefits relating to preferred air-
space, routings, or runway access, for all aircraft, in-
cluding air carriers and general aviation, that equip 
their aircraft with technology necessary for the oper-
ation of the Next Generation Air Transportation Sys-
tem before the date by which the Administrator re-
quires the use of such technology. 
SEC. 320. UNMANNED AERIAL SYSTEMS. 
(a) IN GENERAL.—Within 1 year after the date of en-
actment of this Act, the Administrator shall develop a plan 
to accelerate the integration of unmanned aerial systems 
into the National Airspace System that— 
(1) creates a pilot project to integrate such vehi-
cles into the National Airspace System at 4 test sites 
in the National Airspace System by 2012; 
(2) creates a safe, non-exclusionary airspace des-
ignation for cooperative manned and unmanned 
flight operations in the National Airspace System;
HR 1586 EAS 
(3) establishes a process to develop certification, 
flight standards, and air traffic requirements for such 
vehicles at the test sites; 
(4) dedicates funding for unmanned aerial sys-
tems research and development to certification, flight 
standards, and air traffic requirements; 
(5) encourages leveraging and coordination of 
such research and development activities with the Na-
tional Aeronautics and Space Administration and the 
Department of Defense; 
(6) addresses both military and civilian un-
manned aerial system operations; 
(7) ensures the unmanned aircraft systems inte-
gration plan is incorporated in the Administration’s 
NextGen Air Transportation System implementation 
plan; and 
(8) provides for verification of the safety of the 
vehicles and navigation procedures before their inte-
gration into the National Airspace System. 
(b) TEST SITE CRITERIA.—The Administrator shall 
take into consideration geographical and climate diversity 
in determining where the test sites to be established under 
the pilot project required by subsection (a)(1) are to be lo-
cated.
HR 1586 EAS 
SEC. 321. SURFACE SYSTEMS PROGRAM OFFICE. 
(a) IN GENERAL.—The Air Traffic Organization 
shall— 
(1) evaluate the Airport Surface Detection 
Equipment-Model X program for its potential con-
tribution to implementation of the NextGen initiative; 
(2) evaluate airport surveillance technologies and 
associated collaborative surface management software 
for potential contributions to implementation of 
NextGen surface management; 
(3) accelerate implementation of the program; 
and 
(4) carry out such additional duties as the Ad-
ministrator may require. 
(b) EXPEDITED CERTIFICATION AND UTILIZATION.— 
The Administrator shall— 
(1) consider options for expediting the certifi-
cation of Ground Based Augmentation System tech-
nology; and 
(2) develop a plan to utilize such a system at the 
35 Operational Evolution Partnership airports by 
September 30, 2012. 
SEC. 322. STAKEHOLDER COORDINATION. 
(a) IN GENERAL.—The Administrator shall establish 
a process for including qualified employees selected by each 
exclusive collective bargaining representative of employees
HR 1586 EAS 
of the Administration who are likely to be affected by the 
planning, development, and deployment of air traffic con-
trol modernization projects (including the Next Generation 
Air Transportation System) in, and collaborating with, 
such employees in the planning, development, and deploy-
ment of those projects. 
(b) PARTICIPATION.— 
(1) BARGAINING
OBLIGATIONS
AND
RIGHTS.— 
Participation in the process described in subsection 
(a) shall not be construed as a waiver of any bar-
gaining 
obligations 
or 
rights 
under 
section 
40122(a)(1) or 40122(g)(2)(C) of title 49, United 
States Code. 
(2) CAPACITY
AND
COMPENSATION.—Exclusive 
collective bargaining representatives and selected em-
ployees participating in the process described in sub-
section (a) shall— 
(A) serve in a collaborative and advisory 
capacity; and 
(B) receive appropriate travel and per diem 
expenses in accordance with the travel policies of 
the Administration in addition to any regular 
compensation and benefits. 
(c) REPORT.—No later than 180 days after the date 
of enactment of this Act, the Administrator shall submit
HR 1586 EAS 
a report on the implementation of this section to the Senate 
Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation 
and Infrastructure. 
SEC. 323. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA-
CILITY CONDITIONS. 
(a) ESTABLISHMENT.—The Administrator shall estab-
lish a special task force to be known as the ‘‘FAA Task 
Force on Air Traffic Control Facility Conditions’’. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Task Force shall be com-
posed of 11 members of whom— 
(A) 7 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 ap-
pointed by the Administrator in consultation
HR 1586 EAS 
with the Director of the National Institute for 
Occupational Safety and Health; and 
(B) 2 members shall be specialists on the re-
habilitation 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 States
HR 1586 EAS 
may detail, on a reimbursable basis, any of the per-
sonnel of that department or agency to the Task Force 
to assist it in carrying out its duties under this sec-
tion. 
(3) OTHER STAFF AND SUPPORT.—Upon request 
of the Task Force or a panel of the Task Force, the 
Administrator shall provide the Task Force or panel 
with professional and administrative staff and other 
support, on a reimbursable basis, to the Task Force 
to assist it in carrying out its duties under this sec-
tion. 
(e) OBTAINING OFFICIAL DATA.—The Task Force may 
secure directly from any department or agency of the 
United States information (other than information required 
by any statute of the United States to be kept confidential 
by such department or agency) necessary for the Task Force 
to carry out its duties under this section. Upon request of 
the chairperson of the Task Force, the head of that depart-
ment or agency shall furnish such information to the Task 
Force. 
(f) DUTIES.— 
(1) STUDY.—The Task Force shall undertake a 
study of—
100 
HR 1586 EAS 
(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 Adminis-
tration 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 supervisors 
of such employees to promptly document and 
seek remediation for unsafe facility conditions; 
(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.
101 
HR 1586 EAS 
(2) FACILITY
CONDITION
INDICES.—The Task 
Force shall review the facility condition indices of the 
Administration for inclusion in the recommendations 
under subsection (g). 
(g) RECOMMENDATIONS.—Based on the results of the 
study and review of the facility condition indices under sub-
section (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 a report 
to the Administrator, the Senate Committee on Commerce, 
Science, and Transportation, and the House of Representa-
tives Committee on Transportation and Infrastructure on 
the activities of the Task Force, including the recommenda-
tions of the Task Force under subsection (g).
102 
HR 1586 EAS 
(i) IMPLEMENTATION.—Within 30 days after receipt 
of the Task Force report under subsection (h), the Adminis-
trator shall submit to the House of Representatives Com-
mittee on Transportation and Infrastructure and the Sen-
ate Committee on Commerce, Science, and Transportation 
a report that includes a plan and timeline to implement 
the recommendations of the Task Force and to align future 
budgets and priorities of the Administration accordingly. 
(j) TERMINATION.—The Task Force shall terminate on 
the last day of the 30-day period beginning on the date on 
which the report under subsection (h) is submitted. 
(k) APPLICABILITY OF THE FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Task Force. 
SEC. 324. STATE ADS–B EQUIPAGE BANK PILOT PROGRAM. 
(a) IN GENERAL.— 
(1) COOPERATIVE AGREEMENTS.—Subject to the 
provisions of this section, the Secretary of Transpor-
tation may enter into cooperative agreements with 
not to exceed 5 States for the establishment of State 
ADS–B equipage banks for making loans and pro-
viding other assistance to public entities for projects 
eligible for assistance under this section. 
(b) FUNDING.—
103 
HR 1586 EAS 
(1) SEPARATE ACCOUNT.—An ADS–B equipage 
bank established under this section shall maintain a 
separate aviation trust fund account for Federal 
funds contributed to the bank under paragraph (2). 
No Federal funds contributed or credited to an ac-
count of an ADS–B equipage bank established under 
this section may be commingled with Federal funds 
contributed or credited to any other account of such 
bank. 
(2) AUTHORIZATION.—There are authorized to be 
appropriated to the Secretary $25,000,000 for each of 
fiscal years 2010 through 2014. 
(c) FORMS OF ASSISTANCE FROM ADS–B EQUIPAGE 
BANKS.—An ADS–B equipage bank established under this 
section may make loans or provide other assistance to a 
public entity in an amount equal to all or part of the cost 
of carrying out a project eligible for assistance under this 
section. The amount of any loan or other assistance pro-
vided for such project may be subordinated to any other 
debt financing for the project. 
(d) QUALIFYING PROJECTS.—Federal funds in the 
ADS–B equipage account of an ADS–B equipage bank es-
tablished under this section may be used only to provide 
assistance with respect to aircraft ADS–B and related avi-
onics equipage.
104 
HR 1586 EAS 
(e) REQUIREMENTS.—In order to establish an ADS– 
B equipage bank under this section, each State establishing 
such a bank shall— 
(1) contribute, at a minimum, in each account 
of the bank from non-Federal sources an amount 
equal to 50 percent of the amount of each capitaliza-
tion grant made to the State and contributed to the 
bank; 
(2) ensure that the bank maintains on a con-
tinuing basis an investment grade rating on its debt 
issuances or has a sufficient level of bond or debt fi-
nancing instrument insurance to maintain the viabil-
ity of the bank; 
(3) ensure that investment income generated by 
funds contributed to an account of the bank will be— 
(A) credited to the account; 
(B) available for use in providing loans and 
other assistance to projects eligible for assistance 
from the account; and 
(C) invested in United States Treasury se-
curities, bank deposits, or such other financing 
instruments as the Secretary may approve to 
earn interest to enhance the leveraging of projects 
assisted by the bank;
105 
HR 1586 EAS 
(4) ensure that any loan from the bank will bear 
interest at or below market interest rates, as deter-
mined by the State, to make the project that is the 
subject of the loan feasible; 
(5) ensure that the term for repaying any loan 
will not exceed 10 years after the date of the first 
payment on the loan; and 
(6) require the bank to make an annual report 
to the Secretary on its status no later than September 
30 of each year for which funds are made available 
under this section, and to make such other reports as 
the Secretary may require by guidelines. 
SEC. 325. IMPLEMENTATION OF INSPECTOR GENERAL ATC 
RECOMMENDATIONS. 
(a) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, but no later than 1 year after 
that date, the Administrator of the Federal Aviation Ad-
ministration shall— 
(1) provide the Los Angeles International Air 
Traffic Control Tower facility, the Southern Cali-
fornia Terminal Radar Approach Control facility, 
and the Northern California Terminal Radar Ap-
proach Control facility a sufficient number of con-
tract instructors, classroom space (including off-site 
locations as needed), and simulators for a surge in
106 
HR 1586 EAS 
the number of new air traffic controllers at those fa-
cilities; 
(2) to the greatest extent practicable, distribute 
the placement of new trainee air traffic controllers at 
those facilities evenly across the calendar year in 
order to avoid training bottlenecks; 
(3) commission an independent analysis, in con-
sultation with the Administration and the exclusive 
bargaining representative of air traffic controllers cer-
tified under section 7111 of title 5, United States 
Code, of overtime scheduling practices at those facili-
ties; and 
(4) to the greatest extent practicable, provide pri-
ority to certified professional controllers-in-training 
when filling staffing vacancies at those facilities. 
(b) STAFFING ANALYSES AND REPORTS.—For the pur-
poses of— 
(1) the Federal Aviation Administration’s an-
nual controller workforce plan, 
(2) the Administration’s facility-by-facility au-
thorized staffing ranges, and 
(3) any report of air traffic controller staffing 
levels submitted to the Congress,
107 
HR 1586 EAS 
the Administrator may not consider an individual to be 
an air traffic controller unless that individual is a certified 
professional controller. 
SEC. 326. SEMIANNUAL REPORT ON STATUS OF GREENER 
SKIES PROJECT. 
(a) INITIAL REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Administrator 
shall submit to Congress a report on the strategy of the Ad-
ministrator for implementing, on an accelerated basis, the 
NextGen operational capabilities produced by the Greener 
Skies project, as recommended in the final report of the 
RTCA NextGen Mid-Term Implementation Task Force that 
was issued on September 9, 2009. 
(b) SUBSEQUENT REPORTS.— 
(1) IN GENERAL.—Not later than 180 days after 
the Administrator submits to Congress the report re-
quired by subsection (a) and not less frequently than 
once every 180 days thereafter until September 30, 
2011, the Administrator shall submit to the Com-
mittee on Commerce, Science, and Transportation of 
the Senate and to the Committee on Transportation 
and Infrastructure of the House of Representatives a 
report on the progress of the Administrator in car-
rying out the strategy described in the report sub-
mitted under subsection (a).
108 
HR 1586 EAS 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include the following: 
(A) A timeline for full implementation of 
the strategy described in the report submitted 
under subsection (a). 
(B) A description of the progress made in 
carrying out such strategy. 
(C) A description of the challenges, if any, 
encountered by the Administrator in carrying 
out such strategy. 
SEC. 327. DEFINITIONS. 
In this title: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Federal Aviation Administration. 
(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal Avia-
tion Administration. 
(3) NEXTGEN.—The term ‘‘NextGen’’ means the 
Next Generation Air Transportation System. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 328. FINANCIAL INCENTIVES FOR NEXTGEN EQUI-
PAGE. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration may enter into agreements to fund
109 
HR 1586 EAS 
the costs of equipping aircraft with communications, sur-
veillance, navigation, and other avionics to enable NextGen 
air traffic control capabilities. 
(b) FUNDING INSTRUMENT.—The Administrator may 
make grants or other instruments authorized under section 
106(l)(6) of title 49, United States Code, to carry out sub-
section (a). 
TITLE IV—AIRLINE SERVICE AND 
SMALL COMMUNITY AIR SERV-
ICE IMPROVEMENTS 
SUBTITLE A—CONSUMER PROTECTION 
SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT. 
(a) IN GENERAL.—Chapter 417 is amended by adding 
at the end the following: 
‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE 
‘‘§ 41781. Air carrier and airport contingency plans 
for long on-board tarmac delays 
‘‘(a) DEFINITION
OF TARMAC DELAY.—The term 
‘tarmac delay’ means the holding of an aircraft on the 
ground before taking off or after landing with no oppor-
tunity for its passengers to deplane. 
‘‘(b) SUBMISSION
OF AIR CARRIER
AND AIRPORT 
PLANS.—Not later than 60 days after the date of the enact-
ment of the FAA Air Transportation Modernization and 
Safety Improvement Act, each air carrier and airport oper-
110 
HR 1586 EAS 
ator shall submit, in accordance with the requirements 
under this section, a proposed contingency plan to the Sec-
retary of Transportation for review and approval. 
‘‘(c) MINIMUM STANDARDS.—The Secretary of Trans-
portation shall establish minimum standards for elements 
in contingency plans required to be submitted under this 
section to ensure that such plans effectively address long on- 
board tarmac delays and provide for the health and safety 
of passengers and crew. 
‘‘(d) AIR CARRIER PLANS.—The plan shall require 
each air carrier to implement at a minimum the following: 
‘‘(1) PROVISION OF ESSENTIAL SERVICES.—Each 
air carrier shall provide for the essential needs of pas-
sengers on board an aircraft at an airport in any 
case in which the departure of a flight is delayed or 
disembarkation of passengers on an arriving flight 
that has landed is substantially delayed, including— 
‘‘(A) adequate food and potable water; 
‘‘(B) adequate restroom facilities; 
‘‘(C) cabin ventilation and comfortable 
cabin temperatures; and 
‘‘(D) access to necessary medical treatment. 
‘‘(2) RIGHT TO DEPLANE.— 
‘‘(A) IN GENERAL.—Each air carrier shall 
submit a proposed contingency plan to the Sec-
111 
HR 1586 EAS 
retary of Transportation that identifies a clear 
time frame under which passengers would be 
permitted to deplane a delayed aircraft. After the 
Secretary has reviewed and approved the pro-
posed plan, the air carrier shall make the plan 
available to the public. 
‘‘(B) DELAYS.— 
‘‘(i) IN
GENERAL.—As part of the 
plan, except as provided under clause (iii), 
an air carrier shall provide passengers with 
the option of deplaning and returning to the 
terminal at which such deplaning could be 
safely completed, or deplaning at the ter-
minal if— 
‘‘(I) 3 hours have elapsed after 
passengers have boarded the aircraft, 
the aircraft doors are closed, and the 
aircraft has not departed; or 
‘‘(II) 3 hours have elapsed after 
the aircraft has landed and the pas-
sengers on the aircraft have been un-
able to deplane. 
‘‘(ii) FREQUENCY.—The option de-
scribed in clause (i) shall be offered to pas-
sengers at a minimum not less often than
112 
HR 1586 EAS 
once during each successive 3-hour period 
that the plane remains on the ground. 
‘‘(iii) 
EXCEPTIONS.—This 
subpara-
graph shall not apply if— 
‘‘(I) the pilot of such aircraft rea-
sonably determines that the aircraft 
will depart or be unloaded at the ter-
minal not later than 30 minutes after 
the 3 hour delay; or 
‘‘(II) the pilot of such aircraft 
reasonably determines that permitting 
a passenger to deplane would jeop-
ardize passenger safety or security. 
‘‘(C) 
APPLICATION
TO
DIVERTED 
FLIGHTS.—This section applies to aircraft with-
out regard to whether they have been diverted to 
an airport other than the original destination. 
‘‘(D) REPORTS.—Not later than 30 days 
after any flight experiences a tarmac delay last-
ing at least 3 hours, the air carrier responsible 
for such flight shall submit a written description 
of the incident and its resolution to the Aviation 
Consumer Protection Office of the Department of 
Transportation.
114 
HR 1586 EAS 
‘‘(A) review the plan; and 
‘‘(B) approve the plan if it closely adheres 
to the standards described in subsections (d) or 
(e), whichever is applicable. 
‘‘(h) CIVIL PENALTIES.—The Secretary may assess a 
civil penalty under section 46301 against any air carrier 
or airport operator that does not submit, obtain approval 
of, or adhere to a contingency plan submitted under this 
section. 
‘‘(i) PUBLIC ACCESS.—Each air carrier and airport 
operator required to submit a contingency plan under this 
section shall ensure public access to an approved plan under 
this section by— 
‘‘(1) including the plan on the Internet Web site 
of the carrier or airport; or 
‘‘(2) disseminating the plan by other means, as 
determined by the Secretary. 
‘‘§ 41782. Air passenger complaints hotline and infor-
mation 
‘‘(a) AIR PASSENGER COMPLAINTS HOTLINE TELE-
PHONE NUMBER.—The Secretary of Transportation shall 
establish a consumer complaints hotline telephone number 
for the use of air passengers.
115 
HR 1586 EAS 
‘‘(b) PUBLIC NOTICE.—The Secretary shall notify the 
public of the telephone number established under subsection 
(a). 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section, which sums shall remain 
available until expended.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 417 is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE 
‘‘41781. Air carrier and airport contingency plans for long on-board tarmac 
delays 
‘‘41782. Air passenger complaints hotline and information’’. 
SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND 
FLIGHT DELAY HISTORY. 
(a) IN GENERAL.—Section 41722 is amended by add-
ing at the end the following: 
‘‘(f) CHRONICALLY DELAYED FLIGHTS.— 
‘‘(1) PUBLICATION OF LIST OF FLIGHTS.—Each 
air carrier holding a certificate issued under section 
41102 that conducts scheduled passenger air transpor-
tation shall, on a monthly basis— 
‘‘(A) publish and update on the Internet 
website of the air carrier a list of chronically de-
layed flights operated by such air carrier; and
116 
HR 1586 EAS 
‘‘(B) share such list with each entity that is 
authorized to book passenger air transportation 
for such air carrier for inclusion on the Internet 
website of such entity. 
‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR-
CHASING TICKETS.—For each individual who books 
passenger air transportation on the Internet website 
of an air carrier, or the Internet website of an entity 
that is authorized to book passenger air transpor-
tation for an air carrier, for any flight for which 
data is reported to the Department of Transportation 
under part 234 of title 14, Code of Federal Regula-
tions, such air carrier or entity, as the case may be, 
shall prominently disclose to such individual, before 
such individual makes such booking, the following: 
‘‘(A) The on-time performance for the flight 
if the flight is a chronically delayed flight. 
‘‘(B) The cancellation rate for the flight if 
the flight is a chronically canceled flight. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) CHRONICALLY DELAYED FLIGHT.—The 
term ‘chronically delayed flight’ means a regu-
larly scheduled flight that has failed to arrive on 
time (as such term is defined in section 234.2 of 
title 14, Code of Federal Regulations) at least 40
117 
HR 1586 EAS 
percent of the time during the most recent 3- 
month period for which data is available. 
‘‘(B) CHRONICALLY
CANCELED
FLIGHT.— 
The term ‘chronically canceled flight’ means a 
regularly scheduled flight at least 30 percent of 
the departures of which have been canceled dur-
ing the most recent 3-month period for which 
data is available.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 180 days after the date of enact-
ment of this Act. 
SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COM-
PLAINT INVESTIGATIONS. 
(a) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary of Transportation shall investigate 
consumer complaints regarding— 
(1) flight cancellations; 
(2) compliance with Federal regulations con-
cerning overbooking seats 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;
118 
HR 1586 EAS 
(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 inves-
tigate all such claims the Department of Transportation re-
ceived in the previous fiscal year. The annex shall be trans-
mitted to the Congress when the President submits the budg-
et of the United States to the Congress under section 1105 
of title 31, United States Code. 
SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 
AVIATION CONSUMER PROTECTION. 
(a) IN GENERAL.—The Secretary of Transportation 
shall establish an advisory committee for aviation consumer 
protection to advise the Secretary in carrying out airline 
customer service improvements, including those required by 
subchapter IV of chapter 417 of title 49, United States Code. 
(b) MEMBERSHIP.—The Secretary shall appoint mem-
bers of the advisory committee comprised of one representa-
tive each of—
119 
HR 1586 EAS 
(1) air carriers; 
(2) airport operators; 
(3) State or local governments who has expertise 
in consumer protection matters; and 
(4) a nonprofit public interest group who has ex-
pertise in consumer protection matters. 
(c) VACANCIES.—A vacancy in the advisory committee 
shall be filled in the manner in which the original appoint-
ment 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. 
(e) CHAIRPERSON.—The Secretary shall designate, 
from among the individuals appointed under subsection (b), 
an individual to serve as chairperson of the advisory com-
mittee. 
(f) DUTIES.—The duties of the advisory committee 
shall include— 
(1) evaluating existing aviation consumer protec-
tion programs and providing recommendations for 
the improvement of such programs, if needed; and
120 
HR 1586 EAS 
(2) providing recommendations to establish addi-
tional aviation consumer protection programs, if 
needed. 
(g) REPORT.—Not later than February 1 of each of 
the first 2 calendar years beginning after the date of enact-
ment of this Act, the Secretary shall transmit to Congress 
a report containing— 
(1) the recommendations 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 reason 
for not implementing the recommendation. 
SEC. 405. DISCLOSURE OF PASSENGER FEES. 
(a) IN GENERAL.—Within 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall 
complete a rulemaking that requires each air carrier oper-
ating in the United States under part 121 of title 49, Code 
of Federal Regulations, to make available to the public and 
to the Secretary a list of all passenger fees and charges 
(other than airfare) that may be imposed by the air carrier, 
including fees for— 
(1) checked baggage or oversized or heavy bag-
gage; 
(2) meals, beverages, or other refreshments;
121 
HR 1586 EAS 
(3) seats in exit rows, seats with additional 
space, or other preferred seats in any given class of 
travel; 
(4) purchasing tickets from an airline ticket 
agent or a travel agency; or 
(5) any other good, service, or amenity provided 
by the air carrier, as required by the Secretary. 
(b) PUBLICATION; UPDATES.—In order to ensure that 
the fee information required by subsection (a) is both cur-
rent and widely available to the travelling public, the Sec-
retary— 
(1) may require an air carrier to make such in-
formation on any public website maintained by an 
air carrier, to make such information available to 
travel agencies, and to notify passengers of the avail-
ability of such information when advertising airfares; 
and 
(2) shall require air carriers to update the infor-
mation as necessary, but no less frequently than every 
90 days unless there has been no increase in the 
amount or type of fees shown in the most recent pub-
lication.
122 
HR 1586 EAS 
SEC. 406. DISCLOSURE OF AIR CARRIERS OPERATING 
FLIGHTS FOR TICKETS SOLD FOR AIR TRANS-
PORTATION. 
Section 41712 is amended by adding at the end the 
following: 
‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF 
TICKETS FOR FLIGHTS.— 
‘‘(1) IN GENERAL.—It shall be an unfair or de-
ceptive practice under subsection (a) for any ticket 
agent, air carrier, foreign air carrier, or other person 
offering to sell tickets for air transportation on a 
flight of an air carrier to not disclose, whether ver-
bally in oral communication or in writing in written 
or electronic communication, prior to the purchase of 
a ticket— 
‘‘(A) the name (including any business or 
corporate name) of the air carrier providing the 
air transportation; and 
‘‘(B) if the flight has more than one flight 
segment, the name of each air carrier providing 
the air transportation for each such flight seg-
ment. 
‘‘(2) INTERNET OFFERS.—In the case of an offer 
to sell tickets described in paragraph (1) on an Inter-
net Web site, disclosure of the information required by 
paragraph (1) shall be provided on the first display
123 
HR 1586 EAS 
of the Web site following a search of a requested 
itinerary in a format that is easily visible to a view-
er.’’. 
SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT 
TO THE SALE OF AIRLINE TICKETS. 
(a) IN GENERAL.—The Office of Aviation Consumer 
Protection and Enforcement of the Department of Trans-
portation shall establish rules to ensure that all consumers 
are able to easily and fairly compare airfares and charges 
paid when purchasing tickets for air transportation, in-
cluding all taxes and fees. 
(b) NOTICE OF TAXES AND FEES APPLICABLE TO 
TICKETS FOR AIR TRANSPORTATION.—Section 41712, as 
amended by this Act, is further amended by adding at the 
end the following: 
‘‘(d) NOTICE OF TAXES AND FEES APPLICABLE TO 
TICKETS FOR AIR TRANSPORTATION.— 
‘‘(1) IN GENERAL.—It shall be an unfair or de-
ceptive practice under subsection (a) for an air car-
rier, foreign air carrier, or ticket agent to sell a ticket 
for air transportation on the Internet unless the air 
carrier, foreign air carrier, or ticket agent, as the case 
may be— 
‘‘(A) displays information with respect to 
the taxes and fees described in paragraph (2), in-
124 
HR 1586 EAS 
cluding the amount and a description of each 
such tax or fee, in reasonable proximity to the 
price listed for the ticket; and 
‘‘(B) provides to the purchaser of the ticket 
information with respect to the taxes and fees de-
scribed in paragraph (2), including the amount 
and a description of each such tax or fee, before 
requiring the purchaser to provide any personal 
information, including the name, address, phone 
number, e-mail address, or credit card informa-
tion of the purchaser. 
‘‘(2) TAXES AND FEES DESCRIBED.—The taxes 
and fees described in this paragraph are all taxes, 
fees, and charges applicable to a ticket for air trans-
portation, consisting of— 
‘‘(A) all taxes, fees, charges, and surcharges 
included in the price paid by a purchaser for the 
ticket, including fuel surcharges and surcharges 
relating to peak or holiday travel; and 
‘‘(B) any fees for baggage, seating assign-
ments; and 
‘‘(C) operational services that are charged 
when the ticket is purchased.’’. 
(c) REGULATIONS.—The Secretary of Transportation, 
in consultation with the Administrator of the Federal Avia-
125 
HR 1586 EAS 
tion Administration, shall prescribe such regulations as 
may be necessary to carry out subsection (d) of section 
41712 of title 49, United States Code, as added by sub-
section (b) of this section. 
SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL 
COMMUNITIES 
SEC. 411. EAS CONNECTIVITY PROGRAM. 
Section 406(a) of the Vision 100—Century of Aviation 
Reauthorization Act (49 U.S.C. 40101 note) is amended by 
striking ‘‘may’’ and inserting ‘‘shall’’. 
SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING 
MILEAGE ADJUSTMENT ELIGIBILITY. 
Section 409(d) of the Vision 100—Century of Aviation 
Reauthorization Act (49 U.S.C. 41731 note) is amended by 
striking ‘‘September 30, 2010.’’ and inserting ‘‘September 
30, 2013.’’. 
SEC. 413. EAS CONTRACT GUIDELINES. 
Section 41737(a)(1) is amended— 
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (B); 
(2) by striking ‘‘provided.’’ in subparagraph (C) 
and inserting ‘‘provided;’’; and 
(3) by adding at the end the following: 
‘‘(D) include provisions under which the Sec-
retary may encourage carriers to improve air service
126 
HR 1586 EAS 
to small and rural communities by incorporating fi-
nancial incentives in essential air service contracts 
based on specified performance goals; and 
‘‘(E) include provisions under which the Sec-
retary may execute long-term essential air service 
contracts to encourage carriers to provide air service 
to small and rural communities where it would be in 
the public interest to do so.’’. 
SEC. 414. CONVERSION OF FORMER EAS AIRPORTS. 
(a) IN GENERAL.—Section 41745 is amended to read 
as follows: 
‘‘§ 41745. Conversion of lost eligibility airports 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
program to provide general aviation conversion funding for 
airports serving eligible places that the Secretary has deter-
mined no longer qualify for a subsidy. 
‘‘(b) GRANTS.—A grant under this section— 
‘‘(1) may not exceed twice the compensation paid 
to provide essential air service to the airport in the 
fiscal year preceeding the fiscal year in which the 
Secretary determines that the place served by the air-
port is no longer an eligible place; and 
‘‘(2) may be used—
127 
HR 1586 EAS 
‘‘(A) for airport development (as defined in 
section 47102(3)) that will enhance general avia-
tion capacity at the airport; 
‘‘(B) to defray operating expenses, if such 
use is approved by the Secretary; or 
‘‘(C) to develop innovative air service op-
tions, such as on-demand or air taxi operations, 
if such use is approved by the Secretary. 
‘‘(c) AIP REQUIREMENTS.—An airport sponsor that 
uses funds provided under this section for an airport devel-
opment project shall comply with the requirements of sub-
chapter I of chapter 471 applicable to airport development 
projects funded under that subchapter with respect to the 
project funded under this section. 
‘‘(d) LIMITATION.—The sponsor of an airport receiving 
funding under this section is not eligible for funding under 
section 41736.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 417 is amended by striking the item relating to sec-
tion 41745 and inserting the following: 
‘‘417454. Conversion of lost eligibility airports.’’. 
SEC. 415. EAS REFORM. 
Section 41742(a) is amended— 
(1) by adding at the end of paragraph (1) ‘‘Any 
amount in excess of $50,000,000 credited for any fis-
cal year to the account established under section
128 
HR 1586 EAS 
45303(c) shall be obligated for programs under section 
406 of the Vision 100—Century of Aviation Reau-
thorization Act (49 U.S.C. 40101 note) and section 
41745 of this title. Amounts appropriated pursuant to 
this section shall remain available until expended.’’; 
and 
(2) by striking ‘‘$77,000,000’’ in paragraph (2) 
and inserting ‘‘$150,000,000’’. 
SEC. 416. SMALL COMMUNITY AIR SERVICE. 
(a) PRIORITIES.—Section 41743(c)(5) is amended— 
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (D); 
(2) by striking ‘‘fashion.’’ in subparagraph (E) 
and inserting ‘‘fashion; and’’; and 
(3) by adding at the end the following: 
‘‘(F) multiple communities cooperate to sub-
mit a region or multistate application to im-
prove air service.’’. 
(b) 
EXTENSION
OF
AUTHORIZATION.—Section 
41743(e)(2) is amended— 
(1) by striking ‘‘is appropriated’’ and inserting 
‘‘are appropriated’’; and 
(2) by striking ‘‘2009’’ and inserting ‘‘2011’’.
129 
HR 1586 EAS 
SEC. 417. EAS MARKETING. 
The Secretary of Transportation shall require all ap-
plications to provide service under subchapter II of chapter 
417 of title 49, United States Code, include a marketing 
plan. 
SEC. 418. RURAL AVIATION IMPROVEMENT. 
(a) COMMUNITIES ABOVE PER PASSENGER SUBSIDY 
CAP.— 
(1) IN GENERAL.—Subchapter II of chapter 417 
is amended by adding at the end the following: 
‘‘§ 41749. Essential air service for eligible places above 
per passenger subsidy cap 
‘‘(a) PROPOSALS.—A State or local government may 
submit a proposal to the Secretary of Transportation for 
compensation for an air carrier to provide air transpor-
tation to a place described in subsection (b). 
‘‘(b) PLACE DESCRIBED.—A place described in this 
subsection is a place— 
‘‘(1) that is otherwise an eligible place; and 
‘‘(2) for which the per passenger subsidy exceeds 
the dollar amount allowable under this subchapter. 
‘‘(c) DECISIONS.—Not later than 90 days after receiv-
ing a proposal under subsection (a) for compensation for 
an air carrier to provide air transportation to a place de-
scribed in subsection (b), the Secretary shall—
130 
HR 1586 EAS 
‘‘(1) decide whether to provide compensation for 
the air carrier to provide air transportation to the 
place; and 
‘‘(2) approve the proposal if the State or local 
government or a person is willing and able to pay the 
difference between— 
‘‘(A) the per passenger subsidy; and 
‘‘(B) the dollar amount allowable for such 
subsidy under this subchapter. 
‘‘(d) COMPENSATION PAYMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall pay 
compensation under this section at such time and in 
such manner as the Secretary determines is appro-
priate. 
‘‘(2) DURATION OF PAYMENTS.—The Secretary 
shall continue to pay compensation under this section 
only as long as— 
‘‘(A) the State or local government or per-
son agreeing to pay compensation under sub-
section (c)(2) continues to pay such compensa-
tion; and 
‘‘(B) the Secretary decides the compensation 
is necessary to maintain air transportation to 
the place. 
‘‘(e) REVIEW.—
131 
HR 1586 EAS 
‘‘(1) IN GENERAL.—The Secretary shall periodi-
cally review the type and level of air service provided 
under this section. 
‘‘(2) CONSULTATION.—The Secretary may make 
appropriate adjustments in the type and level of air 
service to a place under this section based on the re-
view under paragraph (1) and consultation with the 
affected community and the State or local government 
or person agreeing to pay compensation under sub-
section (c)(2). 
‘‘(f) ENDING, SUSPENDING, 
AND
REDUCING
AIR 
TRANSPORTATION.—An air carrier providing air transpor-
tation to a place under this section may end, suspend, or 
reduce such air transportation if, not later than 30 days 
before ending, suspending, or reducing such air transpor-
tation, the air carrier provides notice of the intent of the 
air carrier to end, suspend, or reduce such air transpor-
tation to— 
‘‘(1) the Secretary; 
‘‘(2) the affected community; and 
‘‘(3) the State or local government or person 
agreeing to pay compensation under subsection 
(c)(2).’’.
132 
HR 1586 EAS 
(2) CLERICAL AMENDMENT.—The table of con-
tents for chapter 417 is amended by adding after the 
item relating to section 41748 the following new item: 
‘‘41749. Essential air service for eligible places above per passenger subsidy cap’’. 
(b) PREFERRED ESSENTIAL AIR SERVICE.— 
(1) IN GENERAL.—Subchapter II of chapter 417, 
as amended by subsection (a), is further amended by 
adding after section 41749 the following: 
‘‘§ 41750. Preferred essential air service 
‘‘(a) PROPOSALS.—A State or local government may 
submit a proposal to the Secretary of Transportation for 
compensation for a preferred air carrier described in sub-
section (b) to provide air transportation to an eligible place. 
‘‘(b) PREFERRED AIR CARRIER DESCRIBED.—A pre-
ferred air carrier described in this subsection is an air car-
rier that— 
‘‘(1) submits an application under section 
41733(c) to provide air transportation to an eligible 
place; 
‘‘(2) is not the air carrier that submits the lowest 
cost bid to provide air transportation to the eligible 
place; and 
‘‘(3) is an air carrier that the affected commu-
nity prefers to provide air transportation to the eligi-
ble place instead of the air carrier that submits the 
lowest cost bid.
133 
HR 1586 EAS 
‘‘(c) DECISIONS.—Not later than 90 days after receiv-
ing a proposal under subsection (a) for compensation for 
a preferred air carrier described in subsection (b) to provide 
air transportation to an eligible place, the Secretary shall— 
‘‘(1) decide whether to provide compensation for 
the preferred air carrier to provide air transportation 
to the eligible place; and 
‘‘(2) approve the proposal if the State or local 
government or a person is willing and able to pay the 
difference between— 
‘‘(A) the rate of compensation the Secretary 
would provide to the air carrier that submits the 
lowest cost bid to provide air transportation to 
the eligible place; and 
‘‘(B) the rate of compensation the preferred 
air carrier estimates to be necessary to provide 
air transportation to the eligible place. 
‘‘(d) COMPENSATION PAYMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall pay 
compensation under this section at such time and in 
such manner as the Secretary determines is appro-
priate. 
‘‘(2) DURATION OF PAYMENTS.—The Secretary 
shall continue to pay compensation under this section 
only as long as—
134 
HR 1586 EAS 
‘‘(A) the State or local government or per-
son agreeing to pay compensation under sub-
section (c)(2) continues to pay such compensa-
tion; and 
‘‘(B) the Secretary decides the compensation 
is necessary to maintain air transportation to 
the eligible place. 
‘‘(e) REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall periodi-
cally review the type and level of air service provided 
under this section. 
‘‘(2) CONSULTATION.—The Secretary may make 
appropriate adjustments in the type and level of air 
service to an eligible place under this section based on 
the review under paragraph (1) and consultation 
with the affected community and the State or local 
government or person agreeing to pay compensation 
under subsection (c)(2). 
‘‘(f) ENDING, SUSPENDING, 
AND
REDUCING
AIR 
TRANSPORTATION.—A preferred air carrier providing air 
transportation to an eligible place under this section may 
end, suspend, or reduce such air transportation if, not later 
than 30 days before ending, suspending, or reducing such 
air transportation, the preferred air carrier provides notice
135 
HR 1586 EAS 
of the intent of the preferred air carrier to end, suspend, 
or reduce such air transportation to— 
‘‘(1) the Secretary; 
‘‘(2) the affected community; and 
‘‘(3) the State or local government or person 
agreeing to pay compensation under subsection 
(c)(2).’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for chapter 417, as amended by subsection (a), 
is further amended by adding after the item relating 
to section 41749 the following new item: 
‘‘41750. Preferred essential air service’’. 
(c) RESTORATION OF ELIGIBILITY TO A PLACE DETER-
MINED BY THE SECRETARY TO BE INELIGIBLE FOR SUB-
SIDIZED ESSENTIAL AIR SERVICE.—Section 41733 is 
amended by adding at the end the following: 
‘‘(f) RESTORATION OF ELIGIBILITY FOR SUBSIDIZED 
ESSENTIAL AIR SERVICE.— 
‘‘(1) IN GENERAL.—If the Secretary of Transpor-
tation terminates the eligibility of an otherwise eligi-
ble place to receive basic essential air service by an 
air carrier for compensation under subsection (c), a 
State or local government may submit to the Sec-
retary a proposal for restoring such eligibility. 
‘‘(2) DETERMINATION BY SECRETARY.—If the per 
passenger subsidy required by the proposal submitted
136 
HR 1586 EAS 
by a State or local government under paragraph (1) 
does not exceed the per passenger subsidy cap pro-
vided under this subchapter, the Secretary shall issue 
an order restoring the eligibility of the otherwise eligi-
ble place to receive basic essential air service by an 
air carrier for compensation under subsection (c).’’. 
(d) OFFICE OF RURAL AVIATION.— 
(1) ESTABLISHMENT.—There is established with-
in the Office of the Secretary of Transportation the 
Office of Rural Aviation. 
(e) FUNCTIONS.—The functions of the Office are— 
(1) to develop a uniform 4-year contract for air 
carriers providing essential air service to commu-
nities under subchapter II of chapter 417 of title 49, 
United States Code; 
(2) to develop a mechanism for comparing appli-
cations submitted by air carriers under section 
41733(c) to provide essential air service to commu-
nities, including comparing— 
(A) estimates from air carriers on— 
(i) the cost of providing essential air 
service; and 
(ii) the revenues air carriers expect to 
receive when providing essential air service; 
and
137 
HR 1586 EAS 
(B) estimated schedules for air transpor-
tation; and 
(3) to select an air carrier from among air car-
riers applying to provide essential air service, based 
on the criteria described in paragraph (2). 
(f) EXTENSION
OF AUTHORITY TO MAKE AGREE-
MENTS UNDER THE ESSENTIAL AIR SERVICE PROGRAM.— 
Section 41743(e)(2) is amended by striking ‘‘2009’’ and in-
serting ‘‘2011’’. 
(g) ADJUSTMENTS TO COMPENSATION FOR SIGNIFI-
CANTLY INCREASED COSTS.—Section 41737 is amended by 
adding at the end thereof the following: 
‘‘(f) FUEL COST SUBSIDY DISREGARD.—Any amount 
provided as an adjustment in compensation pursuant to 
subsection (a)(1)(D) shall be disregarded for the purpose of 
determining whether the amount of compensation provided 
under this subchapter with respect to an eligible place ex-
ceeds the per passenger subsidy exceeds the dollar amount 
allowable under this subchapter.’’. 
SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR-
TICIPATION PROGRAM. 
(a) IN GENERAL.—Subchapter II of chapter 417 of 
title 49, United States Code, is amended by striking section 
41747, and such title 49 shall be applied as if such section 
41747 had not been enacted.
138 
HR 1586 EAS 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 417 of title 49, United States Code, is amended by 
striking the item relating to section 41747. 
SUBTITLE C—MISCELLANEOUS 
SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 
(a) IN GENERAL.—Section 47129 is amended— 
(1) by striking the section heading and inserting 
the following: 
‘‘§ 47129. Resolution of airport-air carrier and foreign 
air carrier disputes concerning airport 
fees’’ ; 
(2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 
after ‘‘CARRIER’’ in the heading for subsection (d); 
(3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 
after ‘‘CARRIER’’ in the heading for subsection (d)(2); 
(4) by striking ‘‘air carrier’’ each place it ap-
pears and inserting ‘‘air carrier or foreign air car-
rier’’; 
(5) by striking ‘‘air carrier’s’’ each place it ap-
pears and inserting ‘‘air carrier’s or foreign air car-
rier’s’’; 
(6) by striking ‘‘air carriers’’ and inserting ‘‘air 
carriers or foreign air carriers’’; and
139 
HR 1586 EAS 
(7) by striking ‘‘(as defined in section 40102 of 
this title)’’ in subsection (a) and inserting ‘‘(as those 
terms are defined in section 40102 of this title)’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 471 is amended by striking the item relating 
to section 47129 and inserting the following: 
‘‘47129. Resolution of airport-air carrier and foreign air carrier disputes con-
cerning airport fees’’. 
SEC. 432. CONTRACT TOWER PROGRAM. 
(a) 
COST-BENEFIT
REQUIREMENT.—Section 
47124(b)(1) is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 
(2) by adding at the end the following: 
‘‘(B) If the Secretary determines that a tower already 
operating under this program has a benefit to cost ratio 
of less than 1.0, the airport sponsor or State or local govern-
ment having jurisdiction over the airport shall not be re-
quired to pay the portion of the costs that exceeds the benefit 
for a period of 18 months after such determination is made. 
‘‘(C) If the Secretary finds that all or part of an 
amount made available to carry out the program continued 
under this paragraph is not required during a fiscal year, 
the Secretary may use during such fiscal year the amount 
not so required to carry out the program established under 
paragraph (3) of this section.’’.
140 
HR 1586 EAS 
(b) COSTS
EXCEEDING
BENEFITS.—Subparagraph 
(D) of section 47124(b)(3) is amended— 
(1) by striking ‘‘benefit.’’ and inserting ‘‘benefit, 
with the maximum allowable local cost share for FAA 
Part 139 certified airports capped at 20 percent for 
those airports with fewer than 50,000 annual pas-
senger enplanements.’’. 
(c) 
FUNDING.—Subparagraph 
(E) 
of 
section 
47124(b)(3) is amended— 
(1) by striking ‘‘and’’ after ‘‘2006,’’; and 
(2) by striking ‘‘2007’’ and inserting ‘‘2007, 
$9,500,000 for fiscal year 2010, and $10,000,000 for 
fiscal year 2011’’ after ‘‘2007,’’; and 
(3) by inserting after ‘‘paragraph.’’ the fol-
lowing: ‘‘If the Secretary finds that all or part of an 
amount made available under this subparagraph is 
not required during a fiscal year to carry out this 
paragraph, the Secretary may use during such fiscal 
year the amount not so required to carry out the pro-
gram continued under subsection (b)(1) of this sec-
tion.’’. 
(d) FEDERAL SHARE.—Subparagraph (C) of section 
47124(b)(4) is amended by striking ‘‘$1,500,000.’’ and in-
serting ‘‘$2,000,000.’’.
141 
HR 1586 EAS 
(e) SAFETY AUDITS.—Section 41724 is amended by 
adding at the end the following: 
‘‘(c) SAFETY AUDITS.—The Secretary shall establish 
uniform standards and requirements for safety assessments 
of air traffic control towers that receive funding under this 
section in accordance with the Administration’s safety 
management system.’’. 
SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 
(a) FINDINGS.—The Congress finds that— 
(1) the Armed Forces is comprised of approxi-
mately 1,450,000 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 members 
of the Armed Forces, many of whom are in grave 
danger due to their engagement in, or exposure to, 
combat; 
(3) military service, especially in the current 
war against terrorism, often requires members of the 
Armed Forces to be separated from their families on 
short notice, for long periods of time, and under very 
stressful conditions; 
(4) the unique demands of military service often 
preclude members of the Armed Forces from pur-
142 
HR 1586 EAS 
chasing discounted advance airline tickets in order to 
visit their loved ones at home; and 
(5) it is the patriotic duty of the people of the 
United States to support the members of the Armed 
Forces who are defending the Nation’s interests 
around the world at great personal sacrifice. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that each United States air carrier should— 
(1) establish for all members of the Armed Forces 
on active duty reduced air fares that are comparable 
to the lowest airfare for ticketed flights; and 
(2) offer flexible terms that allow members of the 
Armed Forces on active duty to purchase, modify, or 
cancel tickets without time restrictions, fees (includ-
ing baggage fees), ancillary costs, or penalties. 
SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN 
THE LAS VEGAS MCCARRAN INTERNATIONAL 
AIRPORT ENVIRONS OVERLAY DISTRICT FOR 
TRANSIENT LODGING AND ASSOCIATED FA-
CILITIES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), Clark 
County, Nevada, is authorized to permit transient lodging, 
including hotels, and associated facilities, including en-
closed auditoriums, concert halls, sports arenas, and places
143 
HR 1586 EAS 
of public assembly, on lands in the Las Vegas McCarran 
International Airport Environs Overlay District that fall 
below the forecasted 2017 65 dB day-night annual average 
noise level (DNL), as identified in the Noise Exposure Map 
Notice published by the Federal Aviation Administration 
in the Federal Register on July 24, 2007 (72 Fed. Reg. 
40357), and adopted into the Clark County Development 
Code in June 2008. 
(b) LIMITATION.—No structure may be permitted 
under subsection (a) that would constitute a hazard to air 
navigation, result in an increase to minimum flight alti-
tudes, or otherwise pose a significant adverse impact on air-
port or aircraft operations. 
TITLE V—SAFETY 
SUBTITLE A—AVIATION SAFETY 
SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN. 
Not later than December 31, 2009, the Administrator 
of the Federal Aviation Administration shall issue a plan 
to develop an installation and deployment schedule for sys-
tems the Administration is installing to alert controllers 
and flight crews to potential runway incursions. The plan 
shall be integrated into the annual Federal Aviation Ad-
ministration NextGen Implementation Plan.
144 
HR 1586 EAS 
SEC. 502. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER-
TIFICATES. 
(a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 
44703(d) is amended by adding at the end the following: 
‘‘(3) JUDICIAL REVIEW.—A person substantially af-
fected by an order of the Board under this subsection, or 
the Administrator when the Administrator decides that an 
order of the Board will have a significant adverse impact 
on carrying out this part, may obtain judicial review of 
the order under section 46110 of this title. The Adminis-
trator shall be made a party to the judicial review pro-
ceedings. The findings of fact of the Board in any such case 
are conclusive if supported by substantial evidence.’’. 
(b) CONFORMING AMENDMENT.—Section 1153(c) is 
amended by striking ‘‘section 44709 or’’ and inserting ‘‘sec-
tion 44703(d), 44709, or’’. 
SEC. 503. RELEASE OF DATA RELATING TO ABANDONED 
TYPE 
CERTIFICATES 
AND 
SUPPLEMENTAL 
TYPE CERTIFICATES. 
Section 44704(a) is amended by adding at the end the 
following: 
‘‘(5) RELEASE OF DATA.— 
‘‘(A) Notwithstanding any other provision of 
law, the Administrator may designate, without the 
consent of the owner of record, engineering data in 
the agency’s possession related to a type certificate or
145 
HR 1586 EAS 
a supplemental type certificate for an aircraft, en-
gine, propeller or appliance as public data, and there-
fore releasable, upon request, to a person seeking to 
maintain the airworthiness of such product, if the Ad-
ministrator determines that— 
‘‘(i) the certificate containing the requested 
data has been inactive for 3 years; 
‘‘(ii) the owner of record, or the owner of 
record’s heir, of the type certificate or supple-
mental certificate has not been located despite a 
search of due diligence by the agency; and 
‘‘(iii) the designation of such data as public 
data will enhance aviation safety. 
‘‘(B) In this section, the term ‘engineering data’ 
means type design drawings and specifications for the 
entire product or change to the product, including the 
original design data, and any associated supplier 
data for individual parts or components approved as 
part of the particular aeronautical product certifi-
cate.’’. 
SEC. 504. DESIGN ORGANIZATION CERTIFICATES. 
Section 44704(e) is amended— 
(1) by striking ‘‘Beginning 7 years after the date 
of enactment of this subsection,’’ in paragraph (1) 
and inserting ‘‘Effective January 1, 2013,’’;
146 
HR 1586 EAS 
(2) by striking ‘‘testing’’ in paragraph (2) and 
inserting ‘‘production’’; and 
(3) by striking paragraph (3) and inserting the 
following: 
‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DE-
SIGN ORGANIZATION CERTIFICATION.—The Adminis-
trator may rely on the Design Organization for cer-
tification of compliance under this section.’’. 
SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR 
DATABASE SYSTEMS. 
(a) IN GENERAL.—Chapter 401 is amended by adding 
at the end thereof the following: 
‘‘§ 40130. FAA access to criminal history records or 
databases systems 
‘‘(a) ACCESS
TO RECORDS
OR DATABASES SYS-
TEMS.— 
‘‘(1) Notwithstanding section 534 of title 28 and 
the implementing regulations for such section (28 
C.F.R. part 20), the Administrator of the Federal 
Aviation Administration is authorized to 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 its civil and administrative responsibilities to 
protect the safety and security of the National Air-
147 
HR 1586 EAS 
space System or to support the missions of the De-
partment of Justice, the Department of Homeland Se-
curity, and other law enforcement agencies. The Ad-
ministrator shall be subject to the same conditions or 
procedures established by the Department of Justice 
or State for access to such an information system by 
other governmental agencies with access to the system. 
‘‘(2) The Administrator may not use the access 
authorized under paragraph (1) to conduct criminal 
investigations. 
‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 
shall, by order, designate those employees of the Administra-
tion who shall carry out the authority described in sub-
section (a). Such 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 of any jurisdiction in a 
State in the same manner as a police officer employed 
by a State or local authority of that State who is cer-
tified or commissioned under the laws of that State; 
‘‘(2) use any radio, data link, or warning system 
of the Federal Government and of any jurisdiction in 
a State that provides information about wanted per-
sons, be-on-the-lookout notices, or warrant status or
148 
HR 1586 EAS 
other officer safety information to which a police offi-
cer employed by a State or local authority in that 
State who is certified or commission under the laws 
of that State has access and in the same manner as 
such police officer; or 
‘‘(3) receive Federal, State, or local government 
communications with a police officer employed by a 
State or local authority in that State in the same 
manner as a police officer employed by a State or 
local authority in that State who is commissioned 
under the laws of that State. 
‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE IN-
FORMATION DEFINED.—In this section the term ‘system of 
documented criminal justice information’ means any law 
enforcement databases, systems, or communications con-
taining information concerning identification, criminal 
history, arrests, convictions, arrest warrants, or wanted or 
missing persons, including the National Crime Information 
Center and its incorporated criminal history databases and 
the National Law Enforcement Telecommunications Sys-
tem.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 401 is amended by inserting after the item relat-
ing to section 40129 the following: 
‘‘40130. FAA access to criminal history records or databases systems’’.
149 
HR 1586 EAS 
SEC. 506. PILOT FATIGUE. 
(a) FLIGHT AND DUTY TIME REGULATIONS.— 
(1) IN
GENERAL.—In accordance with para-
graph (2), the Administrator of the Federal Aviation 
Administration shall issue regulations, based on the 
best available scientific information— 
(A) to specify limitations on the hours of 
flight and duty time allowed for pilots to address 
problems relating to pilot fatigue; and 
(B) to require part 121 air carriers to de-
velop and implement fatigue risk management 
plans. 
(2) 
DEADLINES.—The 
Administrator 
shall 
issue— 
(A) not later than 180 days after the date 
of enactment of this Act, a notice of proposed 
rulemaking under paragraph (1); and 
(B) not later than one year after the date 
of enactment of this Act, a final rule under 
paragraph (1). 
(b) FATIGUE RISK MANAGEMENT PLAN.— 
(1) SUBMISSION OF FATIGUE RISK MANAGEMENT 
PLAN BY PART 121 AIR CARRIERS.—Not later than 90 
days after the date of enactment of this Act, each part 
121 air carrier shall submit to the Administrator for 
review and approval a fatigue risk management plan.
150 
HR 1586 EAS 
(2) CONTENTS OF PLAN.—A fatigue risk manage-
ment plan submitted by a part 121 air carrier under 
paragraph (1) shall include the following: 
(A) Current flight time and duty period 
limitations. 
(B) A rest scheme that enables the manage-
ment of fatigue, including annual training to in-
crease awareness of— 
(i) fatigue; 
(ii) the effects of fatigue on pilots; and 
(iii) fatigue countermeasures. 
(C) Development and use of a methodology 
that continually assesses the effectiveness of the 
program, including the ability of the program— 
(i) to improve alertness; and 
(ii) to mitigate performance errors. 
(3) PLAN
UPDATES.—A part 121 air carrier 
shall update its fatigue risk management plan under 
paragraph (1) every 2 years and submit the update 
to the Administrator for review and approval. 
(4) APPROVAL.— 
(A) INITIAL APPROVAL OR MODIFICATION.— 
Not later than 9 months after the date of enact-
ment of this Act, the Administrator shall review 
and approve or require modification to fatigue
151 
HR 1586 EAS 
risk management plans submitted under this 
subsection to ensure that pilots are not operating 
aircraft while fatigued. 
(B) UPDATE
APPROVAL
OR
MODIFICA-
TION.—Not later than 9 months after submission 
of a plan update under paragraph (3), the Ad-
ministrator shall review and approve or require 
modification to such update. 
(5) CIVIL PENALTIES.—A violation of this sub-
section by a part 121 air carrier shall be treated as 
a violation of chapter 447 of title 49, United States 
Code, for purposes of the application of civil penalties 
under chapter 463 of that title. 
(6) LIMITATION
ON
APPLICABILITY.—The re-
quirements of this subsection shall cease to apply to 
a part 121 air carrier on and after the effective date 
of the regulations to be issued under subsection (a). 
(c) EFFECT OF COMMUTING ON FATIGUE.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
shall enter into appropriate arrangements with the 
National Academy of Sciences to conduct a study of 
the effects of commuting on pilot fatigue and report 
its findings to the Administrator.
152 
HR 1586 EAS 
(2) STUDY.—In conducting the study, the Na-
tional Academy of Sciences shall consider— 
(A) the prevalence of pilot commuting in 
the commercial air carrier industry, including 
the number and percentage of pilots who com-
mute; 
(B) information relating to commuting by 
pilots, including distances traveled, time zones 
crossed, time spent, and methods used; 
(C) research on the impact of commuting on 
pilot fatigue, sleep, and circadian rhythms; 
(D) commuting policies of commercial air 
carriers (including passenger and all-cargo air 
carriers), including pilot check-in requirements 
and sick leave and fatigue policies; 
(E) post-conference materials from the Fed-
eral Aviation Administration’s June 2008 sym-
posium entitled ‘‘Aviation Fatigue Management 
Symposium: Partnerships for Solutions’’; 
(F) Federal Aviation Administration and 
international policies and guidance regarding 
commuting; and 
(G) any other matters as the Administrator 
considers appropriate.
153 
HR 1586 EAS 
(3) PRELIMINARY FINDINGS.—Not later than 90 
days after the date of entering into arrangements 
under paragraph (1), the National Academy of 
Sciences shall submit to the Administrator its pre-
liminary findings under the study. 
(4) REPORT.—Not later than 6 months after the 
date of entering into arrangements under paragraph 
(1), the National Academy of Sciences shall submit a 
report to the Administrator containing its findings 
under the study and any recommendations for regu-
latory or administrative actions by the Federal Avia-
tion Administration concerning commuting by pilots. 
(5) RULEMAKING.—Following receipt of the re-
port of the National Academy of Sciences under para-
graph (4), the Administrator shall— 
(A) consider the findings and recommenda-
tions in the report; and 
(B) update, as appropriate based on sci-
entific data, regulations required by subsection 
(a) on flight and duty time. 
SEC. 507. INCREASING SAFETY FOR HELICOPTER AND 
FIXED WING EMERGENCY MEDICAL SERVICE 
OPERATORS AND PATIENTS. 
(a) COMPLIANCE REGULATIONS.—
154 
HR 1586 EAS 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 18 months after the date of 
enactment of this Act, helicopter and fixed wing air-
craft certificate holders providing emergency medical 
services shall comply with part 135 of title 14, Code 
of Federal Regulations, if there is a medical crew on 
board, without regard to whether there are patients on 
board. 
(2) EXCEPTION.—If a certificate holder described 
in paragraph (1) is operating under instrument flight 
rules or is carrying out training therefor— 
(A) the weather minimums and duty and 
rest time regulations under such part 135 of such 
title shall apply; and 
(B) the weather reporting requirement at 
the destination shall not apply until such time 
as the Administrator of the Federal Aviation Ad-
ministration determines that portable, reliable, 
and accurate ground-based weather measuring 
and reporting systems are available. 
(b) IMPLEMENTATION OF FLIGHT RISK EVALUATION 
PROGRAM.— 
(1) INITIATION.—Not later than 60 days after 
the date of enactment of this Act, the Administrator
155 
HR 1586 EAS 
of the Federal Aviation Administration shall initiate 
a rulemaking— 
(A) to create a standardized checklist of risk 
evaluation factors based on Notice 8000.301, 
which was issued by the Administration on Au-
gust 1, 2005; and 
(B) to require helicopter and fixed wing 
aircraft emergency medical service operators to 
use the checklist created under subparagraph (A) 
to determine whether a mission should be accept-
ed. 
(2) COMPLETION.—The rulemaking initiated 
under paragraph (1) shall be completed not later than 
18 months after it is initiated. 
(c) COMPREHENSIVE CONSISTENT FLIGHT DISPATCH 
PROCEDURES.— 
(1) INITIATION.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall initiate 
a rulemaking— 
(A) to require that helicopter and fixed 
wing emergency medical service operators for-
malize and implement performance based flight 
dispatch and flight-following procedures; and
156 
HR 1586 EAS 
(B) to develop a method to assess and en-
sure that such operators comply with the require-
ments described in subparagraph (A). 
(2) COMPLETION.—The rulemaking initiated 
under paragraph (1) shall be completed not later than 
18 months after it is initiated. 
(d) IMPROVING SITUATIONAL AWARENESS.—Within 1 
year after the date of enactment of this Act, any helicopter 
or fixed-wing aircraft used for emergency medical service 
shall have on board a device that performs the function of 
a terrain awareness and warning system and a means of 
displaying that information that meets the requirements of 
the applicable Federal Aviation Administration Technical 
Standard Order or other guidance prescribed by the Admin-
istrator. 
(e) IMPROVING THE DATA AVAILABLE ON AIR MED-
ICAL OPERATIONS.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall require each cer-
tificate holder for helicopters and fixed-wing aircraft 
used for emergency medical service operations to re-
port not later than 1 year after the date of enactment 
of this Act and annually thereafter on— 
(A) the number of aircraft and helicopters 
used to provide air ambulance services, the reg-
157 
HR 1586 EAS 
istration number of each of these aircraft or heli-
copters, and the base location of each of these 
aircraft or helicopters; 
(B) the number of flights and hours flown 
by each such aircraft or helicopter used by the 
certificate holder to provide such services during 
the reporting period; 
(C) the number of flights and the purpose of 
each flight for each aircraft or helicopter used by 
the certificate holder to provide such services 
during the reporting period; 
(D) the number of flight requests for a heli-
copter providing helicopter air ambulance serv-
ices that were accepted or declined by the certifi-
cate holder and the type of each such flight re-
quest (such as scene response, inter-facility 
transport, organ transport, or ferry or repo-
sitioning flight); 
(E) the number of accidents involving heli-
copters operated by the certificate holder while 
providing helicopter air ambulance services and 
a description of the accidents; 
(F) the number of flights and hours flown 
under instrument flight rules by helicopters oper-
158 
HR 1586 EAS 
ated by the certificate holder while providing hel-
icopter air ambulance services; 
(G) the time of day of each flight flown by 
helicopters operated by the certificate holder 
while providing helicopter air ambulance serv-
ices; and 
(H) The number of incidents where more 
helicopters arrive to transport patients than is 
needed in a flight request or scene response. 
(2) REPORT TO CONGRESS.—The Administrator 
of the Federal Aviation Administration shall report to 
Congress on the information received pursuant to 
paragraph (1) of this subsection no later than 18 
months after the date of enactment of this Act. 
(f) IMPROVING THE DATA AVAILABLE TO NTSB IN-
VESTIGATORS AT CRASH SITES.— 
(1) STUDY.—Not later than 120 days after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall issue a report 
that indicates the availability, survivability, size, 
weight, and cost of devices that perform the function 
of recording voice communications and flight data in-
formation on existing and new helicopters and exist-
ing and new fixed wing aircraft used for emergency 
medical service operations.
159 
HR 1586 EAS 
(2) RULEMAKING.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall issue 
regulations that require devices that perform the func-
tion of recording voice communications and flight 
data information on board aircraft described in para-
graph (1). 
SEC. 508. CABIN CREW COMMUNICATION. 
(a) IN GENERAL.—Section 44728 is amended— 
(1) by redesignating subsection (f) as subsection 
(g); and 
(2) by inserting after subsection (e) the following: 
‘‘(f) MINIMUM LANGUAGE SKILLS.— 
‘‘(1) IN GENERAL.—No certificate holder may use 
any person to serve, nor may any person serve, as a 
flight attendant under this part, unless that person 
has demonstrated to an individual qualified to deter-
mine proficiency the ability to read, speak, and write 
English well enough to— 
‘‘(A) read material written in English and 
comprehend the information; 
‘‘(B) speak and understand English suffi-
ciently to provide direction to, and understand 
and answer questions from, English-speaking in-
dividuals;
160 
HR 1586 EAS 
‘‘(C) write incident reports and statements 
and log entries and statements; and 
‘‘(D) carry out written and oral instruc-
tions regarding the proper performance of their 
duties. 
‘‘(2) FOREIGN
FLIGHTS.—The requirements of 
paragraph (1) do not apply to service as a flight at-
tendant serving solely between points outside the 
United States.’’. 
(b) ADMINISTRATION.—The Administrator of the Fed-
eral Aviation Administration shall work with certificate 
holders to which section 44728(f) of title 49, United States 
Code, applies to facilitate compliance with the requirements 
of section 44728(f)(1) of that title. 
SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDER-
STANDING WITH OSHA. 
(a) IN GENERAL.—Within 6 months after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall— 
(1) establish milestones, in consultation with the 
Occupational Safety and Health Administration, 
through a report to Congress for the completion of 
work begun under the August 2000 memorandum of 
understanding between the 2 Administrations and to
161 
HR 1586 EAS 
address issues needing further action in the Adminis-
trations’ joint report in December 2000; and 
(2) initiate development of a policy statement to 
set forth the circumstances in which Occupational 
Safety and Health Administration requirements may 
be applied to crewmembers while working in the air-
craft. 
(b) POLICY STATEMENT.—The policy statement to be 
developed under subsection (a)(2) shall be completed within 
18 months after the date of enactment of this Act and shall 
satisfy the following principles: 
(1) The establishment of a coordinating body 
similar to the Aviation Safety and Health Joint 
Team established by the August 2000 memorandum of 
understanding that includes representatives des-
ignated by both Administrations— 
(A) to examine the applicability of current 
and future Occupational Safety and Health Ad-
ministration regulations; 
(B) to recommend policies for facilitating 
the training of Federal Aviation Administration 
inspectors; and 
(C) to make recommendations that will gov-
ern the inspection and enforcement of safety and
162 
HR 1586 EAS 
health standards on board aircraft in operation 
and all work-related environments. 
(2) Any standards adopted by the Federal Avia-
tion Administration shall set forth clearly— 
(A) the circumstances under which an em-
ployer is required to take action to address occu-
pational safety and health hazards; 
(B) the measures required of an employer 
under the standard; and 
(C) the compliance obligations of an em-
ployer under the standard. 
SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLE-
MENTATION OF REQUIRED NAVIGATION PER-
FORMANCE APPROACH PROCEDURES. 
(a) IN GENERAL.— 
(1) ANNUAL
MINIMUM
REQUIRED
NAVIGATION 
PERFORMANCE
PROCEDURES.—The 
Administrator 
shall set a target of achieving a minimum of 200 Re-
quired Navigation Performance procedures each fiscal 
year through fiscal year 2012, with 25 percent of that 
target number meeting the low visibility approach 
criteria consistent with the NextGen Implementation 
Plan. 
(2) USE
OF
THIRD
PARTIES.—The Adminis-
trator is authorized to provide third parties the abil-
163 
HR 1586 EAS 
ity to design, flight check, and implement Required 
Navigation Performance approach procedures. 
(b) DOT INSPECTOR GENERAL REVIEW OF OPER-
ATIONAL
AND
APPROACH
PROCEDURES
BY
A
THIRD 
PARTY.— 
(1) REVIEW.—The Inspector General of the De-
partment of Transportation shall conduct a review re-
garding the effectiveness of the oversight activities 
conducted by the Administration in connection with 
any agreement with or delegation of authority to a 
third party for the development of flight procedures, 
including public use procedures, for the National Air-
space System. 
(2) ASSESSMENTS.—The Inspector General shall 
include, at a minimum, in the review— 
(A) an assessment of the extent to which the 
Administration is relying or intends to rely on 
a third party for the development of new proce-
dures and a determination of whether the Ad-
ministration has established sufficient mecha-
nisms and staffing to provide safety oversight 
functions, which may include quality assurance 
processes, flight checks, integration of procedures 
into the National Aviation System, and oper-
164 
HR 1586 EAS 
ational assessments of procedures developed by 
third parties; and 
(B) an assessment regarding whether the 
Administration has sufficient existing personnel 
and technical resources or mechanisms to develop 
such flight procedures in a safe and efficient 
manner to meet the demands of the National 
Airspace System without the use of third party 
resources. 
(c) REPORT.—No later than 1 year after the date of 
enactment of this Act, the Inspector General shall submit 
to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Transportation and Infrastructure a report on the results 
of the review conducted under this section. 
SEC. 511. IMPROVED SAFETY INFORMATION. 
Not later than December 31, 2009, the Administrator 
of the Federal Aviation Administration shall issue a final 
rule in docket No. FAA–2008–0188, Re-registration and 
Renewal of Aircraft Registration. The final rule shall in-
clude— 
(1) provision for the expiration of a certificate 
for an aircraft registered as of the date of enactment 
of this Act, with re-registration requirements for those 
aircraft that remain eligible for registration;
165 
HR 1586 EAS 
(2) provision for the periodic expiration of all 
certificates issued after the effective date of the rule 
with a registration renewal process; and 
(3) other measures to promote the accuracy and 
efficient operation and value of the Administration’s 
aircraft registry. 
SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS 
IMPROVEMENTS. 
(a) IN GENERAL.—Within 180 days after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall— 
(1) take such action as may be necessary to en-
sure that the Voluntary Disclosure Reporting Process 
requires inspectors— 
(A) to evaluate corrective action proposed 
by an air carrier with respect to a matter dis-
closed by that air carrier is sufficiently com-
prehensive in scope and application and applies 
to all affected aircraft operated by that air car-
rier before accepting the proposed voluntary dis-
closure; 
(B) to verify that corrective action so iden-
tified by an air carrier is completed within the 
timeframe proposed; and
166 
HR 1586 EAS 
(C) to verify by inspection that the carrier’s 
corrective action adequately corrects the problem 
that was disclosed; and 
(2) establish a second level supervisory review of 
disclosures under the Voluntary Disclosure Reporting 
Process before any proposed disclosure is accepted and 
closed that will ensure that a matter disclosed by an 
air carrier— 
(A) has not been previously identified by a 
Federal Aviation Administration inspector; and 
(B) has not been previously disclosed by the 
carrier in the preceding 5 years. 
(b) GAO STUDY.— 
(1) IN GENERAL.—The Comptroller General shall 
conduct a study of the Voluntary Disclosure Report-
ing Program. 
(2) REVIEW.—In conducting the study, the 
Comptroller General shall examine, at a minimum, 
whether— 
(A) there is evidence that voluntary disclo-
sure is resulting in regulated entities discovering 
and correcting violations to a greater extent than 
would otherwise occur if there was no program 
for immunity from enforcement action;
167 
HR 1586 EAS 
(B) the voluntary disclosure program makes 
the Federal Aviation Administration aware of 
violations that it would not have discovered if 
there was not a program, and if a violation is 
disclosed voluntarily, whether the Administra-
tion insists on stronger corrective actions than 
would have occurred if the regulated entity knew 
of a violation, but the Administration did not; 
(C) the information the Administration gets 
under the program leads to fewer violations by 
other entities, either because the information 
leads other entities to look for similar violations 
or because the information leads Administration 
investigators to look for similar violations at 
other entities; 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 Comptroller General 
shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the 
House of Representatives Committee on Transpor-
168 
HR 1586 EAS 
tation and Infrastructure on the results of the study 
conducted under this subsection. 
SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPECTIONS. 
(a) IN GENERAL.—Section 44711 is amended by add-
ing at the end the following: 
‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT 
STANDARDS INSPECTORS.— 
‘‘(1) PROHIBITION.—A person holding an oper-
ating certificate issued under title 14, Code of Federal 
Regulations, may not knowingly employ, or make a 
contractual arrangement which permits, an indi-
vidual to act as an agent or representative of the cer-
tificate holder in any matter before the Federal Avia-
tion Administration if the individual, in the pre-
ceding 3-year period— 
‘‘(A) served as, or was responsible for over-
sight of, a flight standards inspector of the Ad-
ministration; and 
‘‘(B) had responsibility to inspect, or over-
see inspection of, the operations of the certificate 
holder. 
‘‘(2) WRITTEN
AND
ORAL
COMMUNICATIONS.— 
For purposes of paragraph (1), an individual shall be 
considered to be acting as an agent or representative 
of a certificate holder in a matter before the Federal
169 
HR 1586 EAS 
Aviation Administration if the individual makes any 
written or oral communication on behalf of the cer-
tificate holder to the Administration (or any of its of-
ficers or employees) in connection with a particular 
matter, whether or not involving a specific party and 
without regard to whether the individual has partici-
pated in, or had responsibility for, the particular 
matter while serving as a flight standards inspector 
of the Administration.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall not apply to an individual employed by 
a certificate holder as of the date of enactment of this Act. 
SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES. 
Within 30 days after the date of enactment of this Act, 
the Comptroller General shall initiate a review and inves-
tigation of air safety issues identified by Federal Aviation 
Administration employees and reported to the Adminis-
trator. The Comptroller General shall report the Govern-
ment Accountability Office’s findings and recommendations 
to the Administrator, the Senate Committee on Commerce, 
Science, and Transportation, and the House of Representa-
tives Committee on Transportation and Infrastructure on 
an annual basis.
170 
HR 1586 EAS 
SEC. 515. NATIONAL REVIEW TEAM. 
(a) IN GENERAL.—Within 180 days after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall establish a national review 
team within the Administration to conduct periodic, unan-
nounced, and random reviews of the Administration’s over-
sight of air carriers and report annually its findings and 
recommendations to the Administrator, the Senate Com-
merce, Science, and Transportation Committee, and the 
House of Representatives Committee on Transportation and 
Infrastructure. 
(b) LIMITATION.—The Administrator shall prohibit a 
member of the National Review Team from participating 
in any review or audit of an air carrier under subsection 
(a) if the member has previously had responsibility for in-
specting, or overseeing the inspection of, the operations of 
that air carrier. 
(c) INSPECTOR GENERAL REPORTS.—The Inspector 
General of the Department of Transportation shall provide 
progress reports to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure on 
the review teams and their effectiveness. 
SEC. 516. FAA ACADEMY IMPROVEMENTS. 
(a) REVIEW.—Within 1 year after the date of enact-
ment of this Act, the Administrator of the Federal Aviation
171 
HR 1586 EAS 
Administration shall conduct a comprehensive review and 
evaluation of its Academy and facility training efforts. 
(b) FACILITY TRAINING PROGRAM.—The Adminis-
trator shall— 
(1) clarify responsibility for oversight and direc-
tion of the Academy’s facility training program at 
the national level; 
(2) communicate information concerning that re-
sponsibility to facility managers; and 
(3) establish standards to identify the number of 
developmental controllers that can be accommodated 
at each facility, based on— 
(A) the number of available on-the-job- 
training instructors; 
(B) available classroom space; 
(C) the number of available simulators; 
(D) training requirements; and 
(E) the number of recently placed new per-
sonnel already in training. 
SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPER-
ATIONAL ERRORS. 
(a) PLAN.—The Administrator of the Federal Aviation 
Administration shall develop a plan for the reduction of 
runway incursions by reviewing every commercial service 
airport (as defined in section 47102 of title 49, United
172 
HR 1586 EAS 
States Code) in the United States and initiating action to 
improve airport lighting, provide better signage, and im-
prove runway and taxiway markings. 
(b) PROCESS.—Within 1 year after the date of enact-
ment of this Act, the Administrator of the Federal Aviation 
Administration shall develop a process for tracking and in-
vestigating operational errors and runway incursions that 
includes— 
(1) identifying the office responsible for estab-
lishing regulations regarding operational errors and 
runway incursions; 
(2) identifying who is responsible for tracking 
and investigating operational errors and runway in-
cursions and taking remedial actions; 
(3) identifying who is responsible for tracking 
operational errors and runway incursions, including 
a process for lower level employees to report to higher 
supervisory levels; and 
(4) periodic random audits of the oversight proc-
ess. 
SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGA-
TION OFFICE. 
Section 106 is amended by adding at the end the fol-
lowing:
173 
HR 1586 EAS 
‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVESTIGA-
TION OFFICE.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Administration an Aviation Safety Whistleblower 
Investigation Office. 
‘‘(2) DIRECTOR.— 
‘‘(A) APPOINTMENT.—The head of the Office 
shall be the Director, who shall be appointed by 
the Secretary of Transportation. 
‘‘(B) QUALIFICATIONS.—The Director shall 
have a demonstrated ability in investigations 
and knowledge of or experience in aviation. 
‘‘(C) TERM.—The Director shall be ap-
pointed for a term of 5 years. 
‘‘(D) VACANCY.—Any individual appointed 
to fill a vacancy in the position of the Director 
occurring before the expiration of the term for 
which the individual’s predecessor was appointed 
shall be appointed for the remainder of that 
term. 
‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 
‘‘(A) AUTHORITY OF DIRECTOR.—The Di-
rector shall— 
‘‘(i) receive complaints and informa-
tion submitted by employees of persons
174 
HR 1586 EAS 
holding certificates issued under title 14, 
Code of Federal Regulations, and employees 
of the Administration concerning the pos-
sible existence of an activity relating to a 
violation of an order, regulation, or stand-
ard of the Administration or any other pro-
vision of Federal law relating to aviation 
safety; 
‘‘(ii) assess complaints and informa-
tion submitted under clause (i) and deter-
mine whether a substantial likelihood exists 
that a violation of an order, regulation, or 
standard of the Administration or any 
other provision of Federal law relating to 
aviation safety may have occurred; and 
‘‘(iii) based on findings of the assess-
ment conducted under clause (ii), make rec-
ommendations to the Administrator in 
writing for further investigation or correc-
tive actions. 
‘‘(B) DISCLOSURE OF IDENTITIES.—The Di-
rector shall not disclose the identity of an indi-
vidual who submits a complaint or information 
under subparagraph (A)(i) unless—
175 
HR 1586 EAS 
‘‘(i) the individual consents to the dis-
closure in writing; or 
‘‘(ii) the Director determines, in the 
course of an investigation, that the disclo-
sure is unavoidable. 
‘‘(C) INDEPENDENCE
OF
DIRECTOR.—The 
Secretary, the Administrator, or any officer or 
employee of the Administration may not prevent 
or prohibit the Director from initiating, car-
rying out, or completing any assessment of a 
complaint or information submitted subpara-
graph (A)(i) or from reporting to Congress on 
any such assessment. 
‘‘(D) ACCESS
TO
INFORMATION.—In con-
ducting an assessment of a complaint or infor-
mation submitted under subparagraph (A)(i), 
the Director shall have access to all records, re-
ports, audits, reviews, documents, papers, rec-
ommendations, and other material necessary to 
determine whether a substantial likelihood exists 
that a violation of an order, regulation, or 
standard of the Administration or any other pro-
vision of Federal law relating to aviation safety 
may have occurred.
176 
HR 1586 EAS 
‘‘(4) RESPONSES TO RECOMMENDATIONS.— 
The Administrator shall respond to a rec-
ommendation made by the Director under sub-
paragraph (A)(iii) in writing and retain records 
related to any further investigations or corrective 
actions taken in response to the recommendation. 
‘‘(5) INCIDENT REPORTS.—If the Director deter-
mines there is a substantial likelihood that a viola-
tion of an order, regulation, or standard of the Ad-
ministration or any other provision of Federal law 
relating to aviation safety may have occurred that re-
quires immediate corrective action, the Director shall 
report the potential violation expeditiously to the Ad-
ministrator and the Inspector General of the Depart-
ment of Transportation. 
‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO 
INSPECTOR GENERAL.—If the Director has reasonable 
grounds to believe that there has been a violation of 
Federal criminal law, the Director shall report the 
violation expeditiously to the Inspector General. 
‘‘(7) ANNUAL REPORTS TO CONGRESS.—Not later 
than October 1 of each year, the Director shall submit 
to Congress a report containing— 
‘‘(A) information on the number of submis-
sions of complaints and information received by
177 
HR 1586 EAS 
the Director under paragraph (3)(A)(i) in the 
preceding 12-month period; 
‘‘(B) summaries of those submissions; 
‘‘(C) summaries of further investigations 
and corrective actions recommended in response 
to the submissions; and 
‘‘(D) summaries of the responses of the Ad-
ministrator to such recommendations.’’. 
SEC. 519. MODIFICATION OF CUSTOMER SERVICE INITIA-
TIVE. 
(a) MODIFICATION OF INITIATIVE.—Not later than 90 
days after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall modify 
the customer service initiative, mission and vision state-
ments, and other statements of policy of the Administra-
tion— 
(1) to remove any reference to air carriers or 
other entities regulated by the Administration as 
‘‘customers’’; 
(2) to clarify that in regulating safety the only 
customers of the Administration are members of the 
traveling public; and 
(3) to clarify that air carriers and other entities 
regulated by the Administration do not have the right
178 
HR 1586 EAS 
to select the employees of the Administration who will 
inspect their operations. 
(b) SAFETY PRIORITY.—In carrying out the Adminis-
trator’s responsibilities, the Administrator shall ensure that 
safety is given a higher priority than preventing the dis-
satisfaction of an air carrier or other entity regulated by 
the Administration with an employee of the Administra-
tion. 
SEC. 520. HEADQUARTERS REVIEW OF AIR TRANSPOR-
TATION OVERSIGHT SYSTEM DATABASE. 
(a) REVIEWS.—The Administrator of the Federal 
Aviation Administration shall establish a process by which 
the air transportation oversight system database of the Ad-
ministration is reviewed by a team of employees of the 
Agency on a monthly basis to ensure that— 
(1) any trends in regulatory compliance are 
identified; and 
(2) appropriate corrective actions are taken in 
accordance with Agency regulations, advisory direc-
tives, policies, and procedures. 
(b) MONTHLY TEAM REPORTS.— 
(1) IN GENERAL.—The team of employees con-
ducting a monthly review of the air transportation 
oversight system database under subsection (a) shall 
submit to the Administrator, the Associate Adminis-
179 
HR 1586 EAS 
trator for Aviation Safety, and the Director of Flight 
Standards a report on the results of the review. 
(2) CONTENTS.—A report submitted under para-
graph (1) shall identify— 
(A) any trends in regulatory compliance 
discovered by the team of employees in con-
ducting the monthly review; and 
(B) any corrective actions taken or proposed 
to be taken in response to the trends. 
(c) QUARTERLY REPORTS TO CONGRESS.—The Ad-
ministrator, on a quarterly basis, shall submit a report to 
the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Transportation and Infrastructure on the results of reviews 
of the air transportation oversight system database con-
ducted under this section, including copies of reports re-
ceived under subsection (b). 
SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS. 
(a) IN GENERAL.—Chapter 447 is amended by adding 
at the end the following: 
‘‘§ 44730. Inspection of foreign repair stations 
‘‘(a) IN GENERAL.—Within 1 year after the date of 
enactment of the FAA Air Transportation Modernization 
and Safety Improvement Act the Administrator of the Fed-
eral Aviation Administration shall establish and implement