252 
(c) ENVIRONMENTAL ANALYSIS
AND COORDINATION 
REQUIREMENTS.—Section 47128 is amended by adding at 
the end the following: 
‘‘(d) ENVIRONMENTAL ANALYSIS AND COORDINATION 
REQUIREMENTS.—A Federal agency, other than the Federal 
Aviation Administration, that is responsible for issuing an 
approval, license, or permit to ensure compliance with a 
Federal environmental requirement applicable to a project 
or activity to be carried out by a State using amounts from 
a block grant made under this section shall— 
‘‘(1) coordinate and consult with the State; 
‘‘(2) use the environmental analysis prepared by 
the State for the project or activity if such analysis 
is adequate; and 
‘‘(3) supplement such analysis, as necessary, to 
meet applicable Federal requirements.’’. 
SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR RE-
VIEWS. 
Section 47173(a) is amended by striking ‘‘services of 
consultants in order to’’ and all that follows through the 
period at the end and inserting ‘‘services of consultants— 
‘‘(1) to facilitate the timely processing, review, 
and completion of environmental activities associated 
with an airport development project;
253 
‘‘(2) to conduct special environmental studies re-
lated to an airport project funded with Federal funds; 
‘‘(3) to conduct special studies or reviews to sup-
port approved noise compatibility measures described 
in part 150 of title 14, Code of Federal Regulations; 
or 
‘‘(4) to conduct special studies or reviews to sup-
port environmental mitigation in a record of decision 
or finding of no significant impact by the Federal 
Aviation Administration.’’. 
SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 
PROCEDURES. 
Section 47504 is amended by adding at the end the 
following: 
‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE-
DURES.— 
‘‘(1) IN
GENERAL.—In accordance with sub-
section (c)(1), the Secretary may make a grant to an 
airport operator to assist in completing environ-
mental review and assessment activities for proposals 
to implement flight procedures at such airport that 
have been approved as part of an airport noise com-
patibility program under subsection (b). 
‘‘(2) ADDITIONAL
STAFF.—The Administrator 
may accept funds from an airport operator, including
254 
funds provided to the operator under paragraph (1), 
to hire additional staff or obtain the services of con-
sultants in order to facilitate the timely processing, 
review, and completion of environmental activities as-
sociated with proposals to implement flight proce-
dures at such airport that have been approved as part 
of an airport noise compatibility program under sub-
section (b). 
‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL-
LECTIONS.—Notwithstanding section 3302 of title 31, 
any funds accepted under this section— 
‘‘(A) shall be credited as offsetting collec-
tions to the account that finances the activities 
and services for which the funds are accepted; 
‘‘(B) shall be available for expenditure only 
to pay the costs of activities and services for 
which the funds are accepted; and 
‘‘(C) shall remain available until ex-
pended.’’. 
SEC. 505. DETERMINATION OF FAIR MARKET VALUE OF RES-
IDENTIAL PROPERTIES. 
Section 47504 (as amended by this Act) is further 
amended by adding at the end the following: 
‘‘(g) DETERMINATION OF FAIR MARKET VALUE OF 
RESIDENTIAL PROPERTIES.—In approving a project to ac-
255 
quire residential real property using financial assistance 
made available under this section or chapter 471, the Sec-
retary shall ensure that the appraisal of the property to 
be acquired disregards any decrease or increase in the fair 
market value of the real property caused by the project for 
which the property is to be acquired, or by the likelihood 
that the property would be acquired for the project, other 
than that due to physical deterioration within the reason-
able control of the owner.’’. 
SEC. 506. SOUNDPROOFING OF RESIDENCES. 
(a) SOUNDPROOFING AND ACQUISITION OF CERTAIN 
RESIDENTIAL
BUILDINGS
AND
PROPERTIES.—Section 
47504(c)(2)(D) is amended to read as follows: 
‘‘(D) to an airport operator and unit of local 
government referred to in paragraph (1)(A) or (1)(B) 
to soundproof— 
‘‘(i) a building in the noise impact area 
surrounding the airport that is used primarily 
for educational or medical purposes and that the 
Secretary decides is adversely affected by airport 
noise; and 
‘‘(ii) residential buildings located on resi-
dential properties in the noise impact area sur-
rounding the airport that the Secretary decides 
is adversely affected by airport noise, if—
256 
‘‘(I) the residential properties are with-
in airport noise contours prepared by the 
airport owner or operator using the Sec-
retary’s methodology and guidance, and the 
noise contours have been found acceptable 
by the Secretary; 
‘‘(II) the residential properties cannot 
be removed from airport noise contours for 
at least a 5-year period by changes in air-
port configuration or flight procedures; 
‘‘(III) the land use jurisdiction has 
taken, or will take, appropriate action, in-
cluding the adoption of zoning laws, to the 
extent reasonable to restrict the use of land 
to uses that are compatible with normal 
airport operations; and 
‘‘(IV) the Secretary determines that the 
project is compatible with the purposes of 
this chapter; and’’ 
(b) 
REQUIREMENTS
APPLICABLE
TO
CERTAIN 
GRANTS.—Section 44705 (as amended by this Act) is fur-
ther amended by adding at the end the following: 
‘‘(f) 
REQUIREMENTS
APPLICABLE
TO
CERTAIN 
GRANTS.—
257 
‘‘(1) ESTABLISHMENT
OF
CRITERIA.—Before 
awarding a grant under subsection (c)(2)(D), the Sec-
retary shall establish criteria to determine which resi-
dences in the 65 DNL area suffer the greatest noise 
impact. 
‘‘(2) ANALYSIS FROM COMPTROLLER GENERAL.— 
Prior to making a final decision on the criteria re-
quired by paragraph (1), the Secretary shall develop 
proposed criteria and obtain an analysis from the 
Comptroller General as to the reasonableness and va-
lidity of the criteria. 
‘‘(3) PRIORITY.—If the Secretary determines that 
the grants likely to be awarded under subsection 
(c)(2)(D) in fiscal years 2010 though 2012 will not 
be sufficient to soundproof all residences in the 65 
DNL area, the Secretary shall first award grants to 
soundproof those residences suffering the greatest noise 
impact under the criteria established under para-
graph (1).’’. 
SEC. 507. CLEEN RESEARCH, DEVELOPMENT, AND IMPLE-
MENTATION PARTNERSHIP. 
(a) COOPERATIVE
AGREEMENT.—Subchapter I of 
chapter 475 is amended by adding at the end the following:
258 
‘‘§ 47511. CLEEN research, development, and imple-
mentation partnership 
‘‘(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration, in coordination with the Admin-
istrator of the National Aeronautics and Space Administra-
tion, shall enter into a cooperative agreement, using a com-
petitive process, with an institution, entity, or consortium 
to carry out a program for the development, maturing, and 
certification of CLEEN engine and airframe technology for 
aircraft over the next 10 years. 
‘‘(b) CLEEN ENGINE AND AIRFRAME TECHNOLOGY 
DEFINED.—In this section, the term ‘CLEEN engine and 
airframe technology’ means continuous lower energy, emis-
sions, and noise engine and airframe technology. 
‘‘(c) PERFORMANCE OBJECTIVE.—The Administrator 
of the Federal Aviation Administration, in coordination 
with the Administrator of the National Aeronautics and 
Space Administration, shall establish the following per-
formance objectives for the program, to be achieved by Sep-
tember 30, 2016: 
‘‘(1) Development of certifiable aircraft tech-
nology that reduces fuel burn by 33 percent compared 
to current technology, reducing energy consumption 
and greenhouse gas emissions. 
‘‘(2) Development of certifiable engine technology 
that reduces landing and takeoff cycle nitrogen oxide
259 
emissions by 60 percent, at a pressure ratio of 30, 
over the International Civil Aviation Organization 
standard adopted at the 6th Meeting of the Committee 
on Aviation Environmental Protection, with commen-
surate reductions over the full pressure ratio range, 
while limiting or reducing other gaseous or particle 
emissions. 
‘‘(3) Development of certifiable aircraft tech-
nology that reduces noise levels by 32 Effective Per-
ceived Noise Level in Decibels cumulative, relative to 
Stage 4 standards. 
‘‘(4) Determination of the feasibility of the use of 
alternative fuels in aircraft systems, including suc-
cessful demonstration and quantification of the bene-
fits of such fuels. 
‘‘(5) Determination of the extent to which new 
engine and aircraft technologies may be used to ret-
rofit or re-engine aircraft to increase the integration 
of retrofitted and re-engined aircraft into the commer-
cial fleet. 
‘‘(d) FUNDING.—Of amounts appropriated under sec-
tion 48102(a), not more than the following amounts may 
be used to carry out this section: 
‘‘(1) $25,000,000 for fiscal year 2010. 
‘‘(2) $33,000,000 for fiscal year 2011.
260 
‘‘(3) $50,000,000 for fiscal year 2012. 
‘‘(e) REPORT.—Beginning in fiscal year 2010, the Ad-
ministrator of the Federal Aviation Administration shall 
publish an annual report on the program established under 
this section until completion of the program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘47511. CLEEN research, development, and implementation partnership.’’. 
SEC. 508. PROHIBITION ON OPERATING CERTAIN AIRCRAFT 
WEIGHING 75,000 POUNDS OR LESS NOT COM-
PLYING WITH STAGE 3 NOISE LEVELS. 
(a) IN GENERAL.—Subchapter II of chapter 475 is 
amended by adding at the end the following: 
‘‘§ 47534. Prohibition on operating certain aircraft 
weighing 75,000 pounds or less not com-
plying with stage 3 noise levels 
‘‘(a) PROHIBITION.—Except as provided in subsection 
(b), (c), or (d), after December 31, 2013, a person may not 
operate a civil subsonic jet airplane with a maximum 
weight of 75,000 pounds or less, and for which an air-
worthiness certificate (other than an experimental certifi-
cate) has been issued, to or from an airport in the United 
States unless the Secretary of Transportation finds that the 
aircraft complies with stage 3 noise levels. 
‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 
aircraft operated only outside the 48 contiguous States.
261 
‘‘(c) EXCEPTIONS.—The Secretary may allow tem-
porary operation of an airplane otherwise prohibited from 
operation under subsection (a) to or from an airport in the 
contiguous United States by granting a special flight au-
thorization for one or more of the following circumstances: 
‘‘(1) To sell, lease, or use the aircraft outside the 
48 contiguous States. 
‘‘(2) To scrap the aircraft. 
‘‘(3) To obtain modifications to the aircraft to 
meet stage 3 noise levels. 
‘‘(4) To perform scheduled heavy maintenance or 
significant modifications on the aircraft at a mainte-
nance facility located in the contiguous 48 States. 
‘‘(5) To deliver the aircraft to an operator leas-
ing the aircraft from the owner or return the aircraft 
to the lessor. 
‘‘(6) To prepare, park, or store the aircraft in 
anticipation of any of the activities described in 
paragraphs (1) through (5). 
‘‘(7) To provide transport of persons and goods 
in the relief of emergency situations. 
‘‘(8) To divert the aircraft to an alternative air 
port in the 48 contiguous States on account of weath-
er, mechanical, fuel, air traffic control, or other safety 
reasons while conducting a flight in order to perform
262 
any of the activities described in paragraphs (1) 
through (7). 
‘‘(d) STATUTORY CONSTRUCTION.—Nothing in the sec-
tion may be construed as interfering with, nullifying, or 
otherwise affecting determinations made by the Federal 
Aviation Administration, or to be made by the Administra-
tion, with respect to applications under part 161 of title 
14, Code of Federal Regulations, that were pending on the 
date of enactment of this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 47531 is amended— 
(A) in the section heading by striking ‘‘for 
violating sections 47528–47530’’; and 
(B) by striking ‘‘47529, or 47530’’ and in-
serting ‘‘47529, 47530, or 47534’’. 
(2) Section 47532 is amended by inserting ‘‘or 
47534’’ after ‘‘47528–47531’’. 
(3) The analysis for chapter 475 is amended— 
(A) by striking the item relating to section 
47531 and inserting the following: 
‘‘47531. Penalties.’’; 
and 
(B) by inserting after the item relating to 
section 47533 the following: 
‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less 
not complying with stage 3 noise levels.’’.
263 
SEC. 509. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a pilot program to carry out not more 
than 6 environmental mitigation demonstration projects at 
public-use airports. 
(b) GRANTS.—In implementing the program, the Sec-
retary may make a grant to the sponsor of a public-use 
airport 
from 
funds 
apportioned 
under 
section 
47117(e)(1)(A) of title 49, United States Code, to carry out 
an environmental mitigation demonstration project to 
measurably reduce or mitigate aviation impacts on noise, 
air quality, or water quality in the vicinity of the airport. 
(c) ELIGIBILITY FOR PASSENGER FACILITY FEES.— 
An environmental mitigation demonstration project that 
receives funds made available under this section may be 
considered an eligible airport-related project for purposes 
of section 40117 of such title. 
(d) SELECTION CRITERIA.—In selecting among appli-
cants for participation in the program, the Secretary shall 
give priority consideration to applicants proposing to carry 
out environmental mitigation demonstration projects that 
will— 
(1) achieve the greatest reductions in aircraft 
noise, airport emissions, or airport water quality im-
pacts either on an absolute basis or on a per dollar 
of funds expended basis; and
264 
(2) be implemented by an eligible consortium. 
(e) FEDERAL SHARE.—Notwithstanding any provi-
sion of subchapter I of chapter 471 of such title, the United 
States Government share of allowable project costs of an en-
vironmental mitigation demonstration project carried out 
under this section shall be 50 percent. 
(f) MAXIMUM AMOUNT.—The Secretary may not make 
grants for a single environmental mitigation demonstration 
project under this section in a total amount that exceeds 
$2,500,000. 
(g) PUBLICATION OF INFORMATION.—The Secretary 
may develop and publish information on the results of envi-
ronmental mitigation demonstration projects carried out 
under this section, including information identifying best 
practices for reducing or mitigating aviation impacts on 
noise, air quality, or water quality in the vicinity of air-
ports. 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligible 
consortium’’ means a consortium of 2 or more of the 
following entities: 
(A) A business incorporated in the United 
States.
265 
(B) A public or private educational or re-
search organization located in the United States. 
(C) An entity of a State or local govern-
ment. 
(D) A Federal laboratory. 
(2) ENVIRONMENTAL
MITIGATION
DEMONSTRA-
TION PROJECT.—The term ‘‘environmental mitigation 
demonstration project’’ means a project that— 
(A) demonstrates at a public-use airport en-
vironmental mitigation techniques or tech-
nologies with associated benefits, which have al-
ready been proven in laboratory demonstrations; 
(B) utilizes methods for efficient adaptation 
or integration of innovative concepts to airport 
operations; and 
(C) demonstrates whether a technique or 
technology for environmental mitigation identi-
fied in research is— 
(i) practical to implement at or near 
multiple public-use airports; and 
(ii) capable of reducing noise, airport 
emissions, greenhouse gas emissions, or 
water quality impacts in measurably sig-
nificant amounts.
266 
SEC. 510. AIRCRAFT DEPARTURE QUEUE MANAGEMENT 
PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
shall carry out a pilot program at not more than 5 public- 
use airports under which the Federal Aviation Administra-
tion shall use funds made available under section 48101(a) 
to test air traffic flow management tools, methodologies, and 
procedures that will allow air traffic controllers of the Ad-
ministration to better manage the flow of aircraft on the 
ground and reduce the length of ground holds and idling 
time for aircraft. 
(b) SELECTION CRITERIA.—In selecting from among 
airports at which to conduct the pilot program, the Sec-
retary shall give priority consideration to airports at which 
improvements in ground control efficiencies are likely to 
achieve the greatest fuel savings or air quality or other envi-
ronmental benefits, as measured by the amount of reduced 
fuel, reduced emissions, or other environmental benefits per 
dollar of funds expended under the pilot program. 
(c) MAXIMUM AMOUNT.—Not more than a total of 
$5,000,000 may be expended under the pilot program at 
any single public-use airport. 
(d) REPORT TO CONGRESS.—Not later than 3 years 
after the date of the enactment of this section, the Secretary 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
267 
mittee on Commerce, Science, and Transportation of the 
Senate a report containing— 
(1) an evaluation of the effectiveness of the pilot 
program, including an assessment of the tools, meth-
odologies, and procedures that provided the greatest 
fuel savings and air quality and other environmental 
benefits, and any impacts on safety, capacity, or effi-
ciency of the air traffic control system or the airports 
at which affected aircraft were operating; 
(2) an identification of anticipated benefits from 
implementation of the tools, methodologies, and proce-
dures developed under the pilot program at other air-
ports; 
(3) a plan for implementing the tools, methodolo-
gies, and procedures developed under the pilot pro-
gram at other airports or the Secretary’s reasons for 
not implementing such measures at other airports; 
and 
(4) such other information as the Secretary con-
siders appropriate. 
SEC. 511. HIGH PERFORMANCE AND SUSTAINABLE AIR 
TRAFFIC CONTROL FACILITIES. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall implement, to the maximum 
extent practicable, sustainable practices for the incorpora-
268 
tion of energy-efficient design, equipment, systems, and 
other measures in the construction and major renovation 
of air traffic control facilities of the Administration in 
order to reduce energy consumption and improve the envi-
ronmental performance of such facilities. 
(b) 
AUTHORIZATION.—Of 
amounts 
appropriated 
under section 48101(a) of title 49, United States Code, such 
sums as may be necessary may be used to carry out this 
section. 
SEC. 512. REGULATORY RESPONSIBILITY FOR AIRCRAFT 
ENGINE NOISE AND EMISSIONS STANDARDS. 
(a) INDEPENDENT REVIEW.—The Administrator of the 
FAA shall make appropriate arrangements for the National 
Academy of Public Administration or another qualified 
independent entity to review, in consultation with the FAA 
and the EPA, whether it is desirable to locate the regulatory 
responsibility for the establishment of engine noise and 
emissions standards for civil aircraft within one of the 
agencies. 
(b) CONSIDERATIONS.—The review shall be conducted 
so as to take into account— 
(1) the interrelationships between aircraft engine 
noise and emissions;
269 
(2) the need for aircraft engine noise and emis-
sions to be evaluated and addressed in an integrated 
and comprehensive manner; 
(3) the scientific expertise of the FAA and the 
EPA to evaluate aircraft engine emissions and noise 
impacts on the environment; 
(4) expertise to interface environmental perform-
ance with ensuring the highest safe and reliable en-
gine performance of aircraft in flight; 
(5) consistency of the regulatory responsibility 
with other missions of the FAA and the EPA; 
(6) past effectiveness of the FAA and the EPA in 
carrying out the aviation environmental responsibil-
ities assigned to the agency; and 
(7) the international responsibility to represent 
the United States with respect to both engine noise 
and emissions standards for civil aircraft. 
(c) REPORT TO CONGRESS.—Not later than 6 months 
after the date of enactment of this Act, the Administrator 
of the FAA shall submit to Congress a report on the results 
of the review. The report shall include any recommenda-
tions developed as a result of the review and, if a transfer 
of responsibilities is recommended, a description of the steps 
and timeline for implementation of the transfer.
271 
Congress a report on the results of the research and develop-
ment work carried out under this section. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 514. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the European Union directive extending the 
European Union’s emissions trading proposal to 
international civil aviation without working through 
the International Civil Aviation Organization (in 
this section referred to as the ‘‘ICAO’’) in a con-
sensus-based fashion is inconsistent with the Conven-
tion on International Civil Aviation, done at Chicago 
on December 7, 1944 (TIAS 1591; commonly known 
as ‘‘Chicago Convention’’), and other relevant air 
services agreements and antithetical to building inter-
national cooperation to address effectively the problem 
of greenhouse gas emissions by aircraft engaged in 
international civil aviation; and 
(2) the European Union and its member states 
should instead work with other contracting states of 
the ICAO to develop a consensual approach to ad-
dressing aircraft greenhouse gas emissions through the 
ICAO.
272 
SEC. 
515. 
AIRPORT 
NOISE 
COMPATIBILITY 
PLANNING 
STUDY, PORT AUTHORITY OF NEW YORK AND 
NEW JERSEY. 
It is the sense of the House of Representatives that the 
Port Authority of New York and New Jersey should under-
take an airport noise compatibility planning study under 
part 150 of title 14, Code of Federal Regulations, for the 
airports that the Port Authority operates as of November 
2, 2009. In undertaking the study, the Port Authority 
should pay particular attention to the impact of noise on 
affected neighborhoods, including homes, businesses, and 
places of worship surrounding LaGuardia Airport, Newark 
Liberty Airport, and JFK Airport. 
SEC. 516. GAO STUDY ON COMPLIANCE WITH FAA RECORD 
OF DECISION. 
(a) STUDY.—The Comptroller General shall conduct a 
study to determine whether the Federal Aviation Adminis-
tration and the Massachusetts Port Authority are com-
plying with the requirements of the Federal Aviation Ad-
ministration’s record of decision dated August 2, 2002. 
(b) REPORT.—Not later than 1 after the date of the 
enactment of this Act, the Comptroller General shall submit 
to Congress a report on the results of the study. 
SEC. 517. WESTCHESTER COUNTY AIRPORT, NEW YORK. 
(a) RULEMAKING.—The Administrator of the Federal 
Aviation Administration shall conduct a rulemaking pro-
273 
ceeding to determine whether Westchester County Airport 
should be authorized to limit aircraft operations between 
the hours of 12 a.m. and 6:30 a.m. 
(b) DEADLINES.—The Administrator shall— 
(1) not later than 180 days after the date of en-
actment of this Act, issue a notice of proposed rule-
making under subsection (a); and 
(2) not later than 16 months after the close of the 
comment period on the proposed rule, issue a final 
rule. 
SEC. 518. AVIATION NOISE COMPLAINTS. 
(a) TELEPHONE NUMBER POSTING.—Not later than 3 
months after the date of enactment of this Act, each owner 
or operator of a large hub airport (as defined in section 
40102(a) of title 49, United States Code) shall publish on 
an Internet Web site of the airport a telephone number to 
receive aviation noise complaints related to the airport. 
(b) SUMMARIES AND REPORTS.—Not later than 1 after 
the last day of the 3-month period referred to in subsection 
(a), and annually thereafter, an owner or operator that re-
ceives one or more noise complaints under subsection (a) 
shall submit to the Administrator of the Federal Aviation 
Administration a report regarding the number of com-
plaints received and a summary regarding the nature of 
such complaints. The Administrator shall make such infor-
274 
mation available to the public by print and electronic 
means. 
TITLE VI—FAA EMPLOYEES AND 
ORGANIZATION 
SEC. 
601. 
FEDERAL 
AVIATION 
ADMINISTRATION 
PER-
SONNEL MANAGEMENT SYSTEM. 
(a) DISPUTE
RESOLUTION.—Section 40122(a) is 
amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) DISPUTE RESOLUTION.— 
‘‘(A) MEDIATION.—If the Administrator 
does not reach an agreement under paragraph 
(1) or the provisions referred to in subsection 
(g)(2)(C) with the exclusive bargaining rep-
resentative of the employees, the Administrator 
and the bargaining representative— 
‘‘(i) shall use the services of the Federal 
Mediation and Conciliation Service to at-
tempt to reach such agreement in accord-
ance with part 1425 of title 29, Code of 
Federal Regulations (as in effect on the date
275 
of enactment of the Aviation Safety and In-
vestment Act of 2010); or 
‘‘(ii) may by mutual agreement adopt 
alternative procedures for the resolution of 
disputes or impasses arising in the negotia-
tion of the collective-bargaining agreement. 
‘‘(B) BINDING ARBITRATION.— 
‘‘(i) ASSISTANCE FROM FEDERAL SERV-
ICE IMPASSES PANEL.—If the services of the 
Federal Mediation and Conciliation Service 
under subparagraph (A)(i) do not lead to 
an agreement, the Administrator and the 
exclusive bargaining representative of the 
employees (in this subparagraph referred to 
as the ‘parties’) shall submit their issues in 
controversy to the Federal Service Impasses 
Panel. The Panel shall assist the parties in 
resolving the impasse by asserting jurisdic-
tion and ordering binding arbitration by a 
private arbitration board consisting of 3 
members. 
‘‘(ii) APPOINTMENT
OF
ARBITRATION 
BOARD.—The Executive Director of the 
Panel shall provide for the appointment of 
the 3 members of a private arbitration
276 
board under clause (i) by requesting the Di-
rector of the Federal Mediation and Concil-
iation Service to prepare a list of not less 
than 15 names of arbitrators with Federal 
sector experience and by providing the list 
to the parties. Within 10 days of receiving 
the list, the parties shall each select one per-
son from the list. The 2 arbitrators selected 
by the parties shall then select a third per-
son from the list within 7 days. If either of 
the parties fails to select a person or if the 
2 arbitrators are unable to agree on the 
third person within 7 days, the parties shall 
make the selection by alternately striking 
names on the list until one arbitrator re-
mains. 
‘‘(iii) 
FRAMING
ISSUES
IN
CON-
TROVERSY.—If the parties do not agree on 
the framing of the issues to be submitted for 
arbitration, the arbitration board shall 
frame the issues. 
‘‘(iv) 
HEARINGS.—The 
arbitration 
board shall give the parties a full and fair 
hearing, 
including 
an 
opportunity 
to 
present evidence in support of their claims
277 
and an opportunity to present their case in 
person, by counsel, or by other representa-
tive as they may elect. 
‘‘(v) 
DECISIONS.—The 
arbitration 
board shall render its decision within 90 
days after the date of its appointment. De-
cisions of the arbitration board shall be con-
clusive and binding upon the parties. 
‘‘(vi) COSTS.—The parties shall share 
costs of the arbitration equally. 
‘‘(3) RATIFICATION
OF
AGREEMENTS.—Upon 
reaching a voluntary agreement or at the conclusion 
of the binding arbitration under paragraph (2)(B), 
the final agreement, except for those matters decided 
by an arbitration board, shall be subject to ratifica-
tion by the exclusive bargaining representative of the 
employees, if so requested by the bargaining represent-
ative, and approval by the head of the agency in ac-
cordance with the provisions referred to in subsection 
(g)(2)(C). 
‘‘(4) ENFORCEMENT.— 
‘‘(A) ENFORCEMENT
ACTIONS
IN
UNITED 
STATES
COURTS.—Each United States district 
court and each United States court of a place 
subject to the jurisdiction of the United States
278 
shall have jurisdiction of enforcement actions 
brought under this section. Such an action may 
be brought in any judicial district in the State 
in which the violation of this section is alleged 
to have been committed, the judicial district in 
which the Federal Aviation Administration has 
its principal office, or the District of Columbia. 
‘‘(B) ATTORNEY FEES.—The court may as-
sess against the Federal Aviation Administration 
reasonable attorney fees and other litigation costs 
reasonably incurred in any case under this sec-
tion in which the complainant has substantially 
prevailed.’’. 
(b) APPLICATION.—On and after the date of enactment 
of this Act, any changes implemented by the Administrator 
of the Federal Aviation Administration on and after July 
10, 2005, under section 40122(a) of title 49, United States 
Code (as in effect on the day before such date of enactment), 
without the agreement of the exclusive bargaining represent-
ative of the employees of the Administration certified under 
section 7111 of title 5, United States Code, shall be null 
and void and the parties shall be governed by their last 
mutual agreement before the implementation of such 
changes. The Administrator and the bargaining representa-
tive shall resume negotiations promptly, and, subject to sub-
279 
section (c), their last mutual agreement shall be in effect 
until a new contract is adopted by the Administrator and 
the bargaining representative. If an agreement is not 
reached within 45 days after the date on which negotiations 
resume, the Administrator and the bargaining representa-
tive shall submit their issues in controversy to the Federal 
Service Impasses Panel in accordance with section 7119 of 
title 5, United States Code, for binding arbitration in ac-
cordance with paragraphs (2)(B), (3), and (4) of section 
40122(a) of title 49, United States Code (as amended by 
subsection (a) of this section). 
(c) SAVINGS CLAUSE.—All cost of living adjustments 
and other pay increases, lump sum payments to employees, 
and leave and other benefit accruals implemented as part 
of the changes referred to in subsection (b) may not be re-
versed unless such reversal is part of the calculation of back 
pay under subsection (d). The Administrator shall waive 
any overpayment paid to, and not collect any funds for 
such overpayment, from former employees of the Adminis-
tration who received lump sum payments prior to their sep-
aration from the Administration. 
(d) BACK PAY.— 
(1) IN GENERAL.—Employees subject to changes 
referred to in subsection (b) that are determined to be 
null and void under subsection (b) shall be eligible for
280 
pay that the employees would have received under the 
last mutual agreement between the Administrator and 
the exclusive bargaining representative of such em-
ployees before the date of enactment of this Act and 
any changes were implemented without agreement of 
the bargaining representative. The Administrator 
shall pay the employees such pay subject to the avail-
ability of amounts appropriated to carry out this sub-
section. If the appropriated funds do not cover all 
claims of the employees for such pay, the Adminis-
trator and the bargaining representative, pursuant to 
negotiations conducted in accordance with section 
40122(a) of title 49, United States Code (as amended 
by subsection (a) of this section), shall determine the 
allocation of the appropriated funds among the em-
ployees on a pro rata basis. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $20,000,000 to 
carry out this subsection. 
(e) INTERIM AGREEMENT.—If the Administrator and 
the exclusive bargaining representative of the employees 
subject to the changes referred to in subsection (b) reach a 
final and binding agreement with respect to such changes 
before the date of enactment of this Act, such agreement 
shall supersede any changes implemented by the Adminis-
281 
trator under section 40122(a) of title 49, United States 
Code (as in effect on the day before such date of enactment), 
without the agreement of the bargaining representative, and 
subsections (b) and (c) shall not take effect. 
SEC. 602. MERIT SYSTEM PRINCIPLES AND PROHIBITED 
PERSONNEL PRACTICES. 
Section 40122(g)(2)(A) is amended to read as follows: 
‘‘(A) sections 2301 and 2302, relating to 
merit system principles and prohibited personnel 
practices, including the provisions for investiga-
tion and enforcement as provided in chapter 12 
of title 5;’’. 
SEC. 603. APPLICABILITY OF BACK PAY REQUIREMENTS. 
(a) APPLICABILITY OF BACK PAY REQUIREMENTS.— 
Section 40122(g)(2) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (G); 
(2) by striking the period at the end of subpara-
graph (H) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(I) section 5596, relating to back pay.’’. 
(b) APPLICABILITY.— 
(1) IN GENERAL.—The amendment made by sub-
section (a) shall apply to—
282 
(A) all proceedings pending on, or com-
menced after, the date of enactment of this Act 
in which an employee of the Federal Aviation 
Administration is seeking relief under section 
5596 of title 5, United States Code, that was 
available as of March 31, 1996; and 
(B) subject to paragraph (2), personnel ac-
tions of the Federal Aviation Administration 
under section 5596 of such title occurring before 
the date of enactment of this Act. 
(2) SPECIAL RULE.—The authority of the Merit 
Systems Protection Board to provide a remedy under 
section 5596 of such title, with respect to a personnel 
action of the Federal Aviation Administration occur-
ring before the date of enactment of this Act, shall be 
limited to cases in which— 
(A) the Board, before such date of enact-
ment, found that the Federal Aviation Adminis-
tration committed an unjustified or unwar-
ranted personnel action but ruled that the Board 
did not have the authority to provide a remedy 
for the personnel action under section 5596 of 
such title; and
284 
ministration after developing courses for the 
training of such specialists; 
(F) identify the amount and cost of travel 
that is required of FAA systems specialists in re-
ceiving training; and 
(G) include a recommendation regarding 
the most cost-effective approach to providing 
FAA systems specialists training. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the 
study. 
(b) WORKLOAD OF SYSTEMS SPECIALISTS.— 
(1) 
STUDY
BY
NATIONAL
ACADEMY
OF 
SCIENCES.—Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall make appropriate 
arrangements for the National Academy of Sciences to 
conduct a study of the assumptions and methods used 
by the Federal Aviation Administration to estimate 
staffing needs for FAA systems specialists to ensure
285 
proper maintenance and certification of the national 
airspace system. 
(2) CONTENTS.—The study shall be conducted so 
as to provide the following: 
(A) A suggested method of modifying FAA 
systems specialists staffing models for applica-
tion to current local conditions or applying some 
other approach to developing an objective staff-
ing standard. 
(B) The approximate cost and length of 
time for developing such models. 
(3) CONSULTATION.—In conducting the study, 
the National Academy of Sciences shall consult with 
the exclusive bargaining representative of employees of 
the Federal Aviation Administration certified under 
section 7111 of title 5, United States Code, and the 
Administrator of the Federal Aviation Administra-
tion. 
(4) REPORT.—Not later than 1 after the initi-
ation of the arrangements under subsection (a), the 
National Academy of Sciences shall submit to Con-
gress a report on the results of the study. 
SEC. 605. DESIGNEE PROGRAM. 
(a) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Comptroller General shall sub-
286 
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the status of recommendations made by the Government 
Accountability Office in its October 2004 report, ‘‘Aviation 
Safety: FAA Needs to Strengthen Management of Its Des-
ignee Programs’’ (GAO–05–40). 
(b) CONTENTS.—The report shall include— 
(1) an assessment of the extent to which the Fed-
eral Aviation Administration has responded to rec-
ommendations of the Government Accountability Of-
fice referred to in subsection (a); 
(2) an identification of improvements, if any, 
that have been made to the designee programs referred 
to in the report of the Office as a result of such rec-
ommendations; 
(3) an identification of further action that is 
needed to implement such recommendations, improve 
the Administration’s management control of the des-
ignee programs, and increase assurance that designees 
meet the Administration’s performance standards; 
and 
(4) an assessment of the Administration’s orga-
nizational delegation and designee programs and a 
determination as to whether the Administration has
287 
sufficient monitoring and surveillance programs in 
place to properly oversee these programs. 
SEC. 606. STAFFING MODEL FOR AVIATION SAFETY INSPEC-
TORS. 
(a) IN GENERAL.—Not later than October 31, 2009, 
the Administrator of the Federal Aviation Administration 
shall develop a staffing model for aviation safety inspectors. 
In developing the model, the Administrator shall follow the 
recommendations outlined in the 2007 study released by the 
National Academy of Sciences entitled ‘‘Staffing Standards 
for Aviation Safety Inspectors’’ and consult with interested 
persons, including the exclusive collective bargaining rep-
resentative of the aviation safety inspectors. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 607. SAFETY CRITICAL STAFFING. 
(a) SAFETY INSPECTORS.—The Administrator of the 
Federal Aviation Administration shall increase the number 
of safety critical positions in the Flight Standards Service 
and Aircraft Certification Service for a fiscal year commen-
surate with the funding levels provided in subsection (b) 
for the fiscal year. Such increases shall be measured relative 
to the number of persons serving in safety critical positions 
as of September 30, 2008.
288 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts authorized by section 106(k) of title 49, 
United States Code, there is authorized to be appropriated 
to carry out subsection (a)— 
(1) $45,000,000 for fiscal year 2010; 
(2) $138,000,000 for fiscal year 2011; and 
(3) $235,000,000 for fiscal year 2012. 
Such sums shall remain available until expended. 
(c) IMPLEMENTATION
OF STAFFING STANDARDS.— 
Notwithstanding any other provision of this section, upon 
completion of the flight standards service staffing model 
under section 605 of this Act, and validation of the model 
by the Administrator, there are authorized to be appro-
priated such sums as may be necessary to support the num-
ber of aviation safety inspectors, safety technical specialists, 
and operation support positions that such model determines 
are required to meet the responsibilities of the Flight Stand-
ards Service. 
(d) SAFETY CRITICAL POSITIONS DEFINED.—In this 
section, the term ‘‘safety critical positions’’ means— 
(1) aviation safety inspectors, safety technical 
specialists, and operations support positions in the 
Flight Standards Service (as such terms are used in 
the Administration’s fiscal year 2009 congressional 
budget justification); and
289 
(2) manufacturing safety inspectors, pilots, engi-
neers, Chief Scientist Technical Advisors, safety tech-
nical specialists, and operational support positions in 
the Aircraft Certification Service (as such terms are 
used in the Administration’s fiscal year 2009 congres-
sional budget justification). 
SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFFING. 
(a) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 
Not later than 90 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administra-
tion shall enter into appropriate arrangements with the Na-
tional Academy of Sciences to conduct a study of the as-
sumptions and methods used by the Federal Aviation Ad-
ministration (in this section referred to as the ‘‘FAA’’) to 
estimate staffing needs for FAA air traffic controllers to en-
sure the safe operation of the national airspace system. 
(b) CONSULTATION.—In conducting the study, the Na-
tional Academy of Sciences shall consult with the exclusive 
bargaining representative of employees of the FAA certified 
under section 7111 of title 5, United States Code, the Ad-
ministrator of the Federal Aviation Administration, and 
representatives of the Civil Aeronautical Medical Institute. 
(c) CONTENTS.—The study shall include an examina-
tion of representative information on human factors, traffic
290 
activity, and the technology and equipment used in air traf-
fic control. 
(d) RECOMMENDATIONS
AND ESTIMATES.—In con-
ducting the study, the National Academy of Sciences shall 
develop— 
(1) recommendations for the development by the 
FAA of objective staffing standards to maintain the 
safety and efficiency of the national airspace system 
with current and future projected air traffic levels; 
and 
(2) estimates of cost and schedule for the develop-
ment of such standards by the FAA or its contractors. 
(e) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the National Academy of Sciences 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study. 
SEC. 609. ASSESSMENT OF TRAINING PROGRAMS FOR AIR 
TRAFFIC CONTROLLERS. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study to assess the ade-
quacy of training programs for air traffic controllers. 
(b) CONTENTS.—The study shall include—
291 
(1) a review of the current training system for 
air traffic controllers; 
(2) an analysis of the competencies required of 
air traffic controllers for successful performance in the 
current air traffic control environment; 
(3) an analysis of competencies required of air 
traffic controllers as the Federal Aviation Adminis-
tration transitions to the Next Generation Air Trans-
portation System; and 
(4) an analysis of various training approaches 
available to satisfy the controller competencies identi-
fied under paragraphs (2) and (3). 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the study. 
SEC. 610. COLLEGIATE TRAINING INITIATIVE STUDY. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on training op-
tions for graduates of the Collegiate Training Initiative 
program conducted under section 44506(c) of title 49 
United States Code. The study shall analyze the impact of 
providing as an alternative to the current training provided
292 
at the Mike Monroney Aeronautical Center of the Adminis-
tration a new controller orientation session for graduates 
of such programs at the Mike Monroney Aeronautical Cen-
ter followed by on-the-job training for newly hired air traf-
fic controllers who are graduates of such program and shall 
include— 
(1) the cost effectiveness of such an alternative 
training approach; and 
(2) the effect that such an alternative training 
approach would have on the overall quality of train-
ing received by graduates of such programs. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and to the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the study. 
SEC. 611. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA-
CILITY CONDITIONS. 
(a) ESTABLISHMENT.—The Administrator of the Fed-
eral Aviation Administration shall establish a special task 
force to be known as the ‘‘FAA Task Force on Air Traffic 
Control Facility Conditions’’ (in this section referred to as 
the ‘‘Task Force’’). 
(b) MEMBERSHIP.—
293 
(1) COMPOSITION.—The Task Force shall be com-
posed of 12 members of whom— 
(A) 8 members shall be appointed by the 
Administrator; and 
(B) 4 members shall be appointed by labor 
unions representing employees who work at field 
facilities of the Administration. 
(2) QUALIFICATIONS.—Of the members ap-
pointed by the Administrator under paragraph 
(1)(A)— 
(A) 4 members shall be specialists on toxic 
mold abatement, ‘‘sick building syndrome,’’ and 
other hazardous building conditions that can 
lead to employee health concerns and shall be ap-
pointed by the Administrator in consultation 
with the Director of the National Institute for 
Occupational Safety and Health; and 
(B) 2 members shall be specialists on the 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.
294 
(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 
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
295 
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— 
(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;
296 
(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. 
(2) FACILITY
CONDITION
INDICIES
(FCI).—The 
Task Force shall review the facility condition indicies 
of the Administration (in this section referred to as 
the ‘‘FCI’’) for inclusion in the recommendations 
under subsection (g). 
(g) RECOMMENDATIONS.—Based on the results of the 
study and review of the FCI under subsection (f), the Task 
Force shall make recommendations as it considers necessary 
to—
297 
(1) prioritize those facilities needing the most 
immediate attention in order of the greatest risk to 
employee health and safety; 
(2) ensure that the Administration is using sci-
entifically approved remediation techniques in all fa-
cilities; and 
(3) assist the Administration in making pro-
grammatic changes so that aging air traffic control 
facilities do not deteriorate to unsafe levels. 
(h) REPORT.—Not later than 6 months after the date 
on which initial appointments of members to the Task 
Force are completed, the Task Force shall submit to the Ad-
ministrator, the Committee on Transportation and Infra-
structure of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the activities of the Task Force, includ-
ing the recommendations of the Task Force under subsection 
(g). 
(i) IMPLEMENTATION.—Within 30 days of the receipt 
of the Task Force report under subsection (h), the Adminis-
trator shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report that includes a plan and timeline to imple-
ment the recommendations of the Task Force and to align
298 
future budgets and priorities of the Administration accord-
ingly. 
(j) TERMINATION.—The Task Force shall terminate on 
the last day of the 30-day period beginning on the date on 
which the report under subsection (h) was submitted. 
(k) APPLICABILITY OF THE FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Task Force. 
(l) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Transpor-
tation $250,000 to carry out this section. 
TITLE VII—AVIATION 
INSURANCE 
SEC. 701. GENERAL AUTHORITY. 
(a) EXTENSION OF POLICIES.—Section 44302(f)(1) is 
amended— 
(1) by striking ‘‘September 30, 2009’’ and insert-
ing ‘‘September 30, 2012’’; and 
(2) by striking ‘‘December 31, 2009’’ and insert-
ing ‘‘December 31, 2019’’. 
(b) SUCCESSOR
PROGRAM.—Section 44302(f) is 
amended by adding at the end the following: 
‘‘(3) SUCCESSOR PROGRAM.— 
‘‘(A) IN
GENERAL.—After December 31, 
2019, coverage for the risks specified in a policy
299 
that has been extended under paragraph (1) shall 
be provided in an airline industry sponsored 
risk retention or other risk-sharing arrangement 
approved by the Secretary. 
‘‘(B) TRANSFER OF PREMIUMS.— 
‘‘(i) IN GENERAL.—On December 31, 
2019, and except as provided in clause (ii), 
premiums that are collected by the Sec-
retary from the airline industry after Sep-
tember 22, 2001, for any policy under this 
subsection, and interest earned thereon, as 
determined by the Secretary, shall be trans-
ferred to an airline industry sponsored risk 
retention or other risk-sharing arrangement 
approved by the Secretary. 
‘‘(ii) 
DETERMINATION
OF
AMOUNT 
TRANSFERRED.—The amount transferred 
pursuant to clause (i) shall be less— 
‘‘(I) the amount of any claims 
paid out on such policies from Sep-
tember 22, 2001, through December 31, 
2019; 
‘‘(II) the amount of any claims 
pending under such policies as of De-
cember 31, 2019; and
300 
‘‘(III) the cost, as determined by 
the Secretary, of administering the 
provision of insurance policies under 
this chapter from September 22, 2001, 
through December 31, 2019.’’. 
SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD 
PARTY LIABILITY OF AIR CARRIERS ARISING 
OUT OF ACTS OF TERRORISM. 
Section 44303(b) is amended by striking ‘‘December 
31, 2009’’ and inserting ‘‘December 31, 2012’’. 
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY. 
Section 44304 is amended in the second sentence by 
striking ‘‘the carrier’’ and inserting ‘‘any insurance car-
rier’’. 
SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS. 
Section 44308(c)(1) is amended in the second sentence 
by striking ‘‘agent’’ and inserting ‘‘agent, or a claims ad-
juster who is independent of the underwriting agent,’’. 
SEC. 705. EXTENSION OF PROGRAM AUTHORITY. 
Section 44310 is amended by striking ‘‘December 31, 
2013’’ and inserting ‘‘December 31, 2019’’. 
TITLE VIII—MISCELLANEOUS 
SEC. 801. AIR CARRIER CITIZENSHIP. 
Section 40102(a)(15) is amended by adding at the end 
the following:
301 
‘‘For purposes of subparagraph (C), an air carrier 
shall not be deemed to be under the actual control of 
citizens of the United States unless citizens of the 
United States control all matters pertaining to the 
business and structure of the air carrier, including 
operational matters such as marketing, branding, fleet 
composition, route selection, pricing, and labor rela-
tions.’’. 
SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN 
INTEREST OF NATIONAL SECURITY. 
Section 40119(b) is amended by adding at the end the 
following: 
‘‘(3) LIMITATION ON APPLICABILITY OF FREEDOM 
OF
INFORMATION
ACT.—Section 552a of title 5, 
United States Code, shall not apply to disclosures 
that the Administrator of the Federal Aviation Ad-
ministration may make from the systems of records of 
the Administration to any Federal law enforcement, 
intelligence, protective service, immigration, or na-
tional security official in order to assist the official 
receiving the information in the performance of offi-
cial duties.’’.
302 
SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS 
AND DATABASE SYSTEMS. 
(a) IN GENERAL.—Chapter 401 is amended by adding 
at the end the following: 
‘‘§ 40130. FAA access to criminal history records or 
databases systems 
‘‘(a) ACCESS
TO RECORDS
OR DATABASES SYS-
TEMS.— 
‘‘(1) 
ACCESS
TO
INFORMATION.—Notwith-
standing section 534 of title 28, and regulations 
issued to implement such section, the Administrator 
of the Federal Aviation Administration may access a 
system of documented criminal justice information 
maintained by the Department of Justice or by a 
State but may do so only for the purpose of carrying 
out civil and administrative responsibilities of the 
Administration to protect the safety and security of 
the national airspace system or to support the mis-
sions of the Department of Justice, the Department of 
Homeland Security, and other law enforcement agen-
cies. 
‘‘(2) RELEASE OF INFORMATION.—In accessing a 
system referred to in paragraph (1), the Adminis-
trator shall be subject to the same conditions and pro-
cedures established by the Department of Justice or
303 
the State for other governmental agencies with access 
to the system. 
‘‘(3) LIMITATION.—The Administrator may not 
use the access authorized under paragraph (1) to con-
duct criminal investigations. 
‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 
shall designate, by order, employees of the Administration 
who shall carry out the authority described in subsection 
(a). The designated employees may— 
‘‘(1) have access to and receive criminal history, 
driver, vehicle, and other law enforcement informa-
tion contained in the law enforcement databases of the 
Department of Justice, or any jurisdiction of a State, 
in the same manner as a police officer 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, warrant status, or 
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
304 
‘‘(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 database, system, or communication con-
taining information concerning identification, criminal 
history, arrests, convictions, arrest warrants, wanted or 
missing persons, including the National Crime Information 
Center and its incorporated criminal history databases and 
the National Law Enforcement Telecommunications Sys-
tem.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
401 is amended by adding at the end the following: 
‘‘40130. FAA access to criminal history records or databases systems.’’. 
SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 
(a) IN GENERAL.—Section 47129 is amended— 
(1) in the section heading by striking ‘‘air car-
rier’’ and inserting ‘‘carrier’’; 
(2) in subsection (a) by striking ‘‘(as defined in 
section 40102 of this title)’’ and inserting ‘‘(as such 
terms are defined in section 40102)’’;
305 
(3) in the heading for subsection (d) by striking 
‘‘AIR CARRIER’’ and inserting ‘‘AIR CARRIER AND 
FOREIGN AIR CARRIER’’; 
(4) in the heading for paragraph (2) of sub-
section (d) by striking ‘‘AIR CARRIER’’ and inserting 
‘‘AIR CARRIER AND FOREIGN AIR CARRIER’’; 
(5) by striking ‘‘air carriers’’ each place it ap-
pears and inserting ‘‘air carriers or foreign air car-
riers’’; 
(6) by striking ‘‘air carrier’’ each place it ap-
pears and inserting ‘‘air carrier or foreign air car-
rier’’; and 
(7) by striking ‘‘air carrier’s’’ each place it ap-
pears and inserting ‘‘air carrier’s or foreign air car-
rier’s’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
471 is amended by striking the item relating to section 
47129 and inserting the following: 
‘‘47129. Resolution of airport-carrier disputes concerning airport fees.’’. 
SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIR-
PORT SYSTEMS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall initiate a study to evaluate the formulation of 
the National Plan of Integrated Airport Systems (in this
306 
section referred to as the ‘‘plan’’) under section 47103 of 
title 49, United States Code. 
(b) CONTENTS OF STUDY.—The study shall include a 
review of the following: 
(1) The criteria used for including airports in 
the plan and the application of such criteria in the 
most recently published version of the plan. 
(2) The changes in airport capital needs between 
fiscal years 2003 and 2008, as reported in the plan, 
as compared with the amounts apportioned or other-
wise made available to individual airports over the 
same period of time. 
(3) A comparison of the amounts received by air-
ports under the airport improvement program in air-
port apportionments, State apportionments, and dis-
cretionary grants during such fiscal years with cap-
ital needs as reported in the plan. 
(4) The effect of transfers of airport apportion-
ments under title 49, United States Code. 
(5) Any other matters pertaining to the plan 
that the Secretary determines appropriate. 
(c) REPORT TO CONGRESS.— 
(1) SUBMISSION.—Not later than 36 months 
after the date of initiation of the study, the Secretary 
shall submit to the Committee on Transportation and
307 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the 
study. 
(2) CONTENTS.—The report shall include— 
(A) the findings of the Secretary on each of 
the subjects listed in subsection (b); 
(B) recommendations for any changes to 
policies and procedures for formulating the plan; 
and 
(C) recommendations for any changes to the 
methods of determining the amounts to be appor-
tioned or otherwise made available to individual 
airports. 
SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION. 
(a) IN GENERAL.—Section 201 of the Railway Labor 
Act (45 U.S.C. 181) is amended— 
(1) by striking ‘‘All’’ and inserting ‘‘(a) IN GEN-
ERAL.—All’’; 
(2) by inserting ‘‘and every express carrier’’ 
after ‘‘common carrier by air’’; and 
(3) by adding at the end the following: 
‘‘(b) SPECIAL RULES FOR EXPRESS CARRIERS.— 
‘‘(1) IN GENERAL.—An employee of an express 
carrier shall be covered by this Act only if that em-
308 
ployee is in a position that is eligible for certification 
under part 61, 63, or 65 of title 14, Code of Federal 
Regulations, and only if that employee performs du-
ties for the express carrier that are eligible for such 
certification. All other employees of an express carrier 
shall be covered by the provisions of the National 
Labor Relations Act (29 U.S.C. 151 et seq.). 
‘‘(2) AIR CARRIER STATUS.—Any person that is 
an express carrier shall be governed by paragraph (1) 
notwithstanding any finding that the person is also 
a common carrier by air. 
‘‘(3) EXPRESS CARRIER DEFINED.—In this sec-
tion, the term ‘express carrier’ means any person (or 
persons affiliated through common control or owner-
ship) whose primary business is the express shipment 
of freight or packages through an integrated network 
of air and surface transportation.’’. 
(b) CONFORMING AMENDMENT.—Section 1 of such Act 
(45 U.S.C. 151) is amended in the first paragraph by strik-
ing ‘‘, any express company that would have been subject 
to subtitle IV of title 49, United States Code, as of December 
31, 1995,’’.
309 
SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FA-
CILITIES. 
(a) ESTABLISHMENT OF WORKING GROUP.—Not later 
than 9 months after the date of enactment of this Act, the 
Secretary of Transportation shall establish within the Fed-
eral Aviation Administration (in this section referred to as 
the ‘‘FAA’’) a working group to develop criteria and make 
recommendations for the realignment of services and facili-
ties (including regional offices) of the FAA to assist in the 
transition to next generation facilities and to help reduce 
capital, operating, maintenance, and administrative costs 
in instances in which cost reductions can be implemented 
without adversely affecting safety. 
(b) MEMBERSHIP.—The working group shall be com-
posed of— 
(1) the Administrator of the FAA; 
(2) 2 representatives of air carriers; 
(3) 2 representatives of the general aviation com-
munity; 
(4) 2 representatives of labor unions representing 
employees who work at regional or field facilities of 
the FAA; and 
(5) 2 representatives of the airport community. 
(c) REPORT TO CONGRESS CONTAINING RECOMMENDA-
TIONS OF THE WORKING GROUP.—
310 
(1) SUBMISSION.—Not later than 6 months after 
convening the working group, the Administrator shall 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report containing the criteria 
and recommendations developed by the working group 
under this section. 
(2) CONTENTS.—The report shall include a jus-
tification for each recommendation to consolidate or 
realign a service or facility (including a regional of-
fice) and a description of the costs and savings associ-
ated with the consolidation or realignment. 
(d) PUBLIC NOTICE AND COMMENT.—The Adminis-
trator shall publish the report submitted under subsection 
(c) in the Federal Register and allow 45 days for the sub-
mission of public comments. In addition, the Administrator 
upon request shall hold a public hearing in a community 
that would be affected by a recommendation in the report. 
(e) OBJECTIONS.—Any interested person may file with 
the Administrator a written objection to a recommendation 
of the working group. 
(f) REPORT TO CONGRESS CONTAINING RECOMMENDA-
TIONS OF THE ADMINISTRATOR.—Not later than 60 days 
after the last day of the period for public comment under
311 
subsection (d), the Administrator shall submit to the com-
mittees referred to in subsection (c)(1) a report containing 
the recommendations of the Administrator on realignment 
of services and facilities (including regional offices) of the 
FAA and copies of any public comments and objections re-
ceived by the Administrator under this section. 
(g) LIMITATION ON IMPLEMENTATION OF REALIGN-
MENTS
AND CONSOLIDATIONS.—The Administrator may 
not realign or consolidate any services or facilities (includ-
ing regional offices) of the FAA before the Administrator 
has submitted the report under subsection (f). 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) FAA.—The term ‘‘FAA’’ means the Federal 
Aviation Administration. 
(2) REALIGNMENT; CONSOLIDATION.— 
(A) IN GENERAL.—The terms ‘‘realignment’’ 
and ‘‘consolidation’’ include any action that— 
(i) relocates functions, services, or per-
sonnel positions; 
(ii) severs existing facility functions or 
services; or 
(iii) any combination thereof.
312 
(B) EXCLUSION.—The term does not in-
clude a reduction in personnel resulting from 
workload adjustments. 
SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT IN-
SURANCE FOR NATIONAL TRANSPORTATION 
SAFETY BOARD EMPLOYEES. 
Section 1113 is amended by adding at the end the fol-
lowing: 
‘‘(i) ACCIDENTAL DEATH AND DISMEMBERMENT IN-
SURANCE.— 
‘‘(1) AUTHORITY TO PROVIDE INSURANCE.—The 
Board may procure accidental death and dismember-
ment insurance for an employee of the Board who 
travels for an accident investigation or other activity 
of the Board outside the United States or inside the 
United States under hazardous circumstances, as de-
fined by the Board. 
‘‘(2) CREDITING
OF
INSURANCE
BENEFITS
TO 
OFFSET
UNITED
STATES
TORT
LIABILITY.—Any 
amounts paid to a person under insurance coverage 
procured under this subsection shall be credited as off-
setting any liability of the United States to pay dam-
ages to that person under section 1346(b) of title 28, 
chapter 171 of title 28, chapter 163 of title 10, or any 
other provision of law authorizing recovery based
313 
upon tort liability of the United States in connection 
with the injury or death resulting in the insurance 
payment. 
‘‘(3) TREATMENT
OF
INSURANCE
BENEFITS.— 
Any amounts paid under insurance coverage procured 
under this subsection shall not— 
‘‘(A) be considered additional pay or allow-
ances for purposes of section 5536 of title 5; or 
‘‘(B) offset any benefits an employee may 
have as a result of government service, including 
compensation under chapter 81 of title 5. 
‘‘(4) ENTITLEMENT
TO
OTHER
INSURANCE.— 
Nothing in this subsection shall be construed as affect-
ing the entitlement of an employee to insurance under 
section 8704(b) of title 5.’’. 
SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE INDUS-
TRY IN INTERNATIONAL CHILD ABDUCTION 
CASES. 
(a) STUDY.—The Comptroller General shall conduct a 
study to help determine how the Federal Aviation Adminis-
tration (in this section referred to as the ‘‘FAA’’) could bet-
ter ensure the collaboration and cooperation of air carriers 
and foreign air carriers providing air transportation and 
relevant Federal agencies to develop and enforce child safety 
control for adults traveling internationally with children.
314 
(b) CONTENTS.—In conducting the study, the Comp-
troller General shall examine— 
(1) the nature and scope of exit policies and pro-
cedures of the FAA, air carriers, and foreign air car-
riers and how the enforcement of such policies and 
procedures is monitored, including ticketing and 
boarding procedures; 
(2) the extent to which air carriers and foreign 
air carriers cooperate in the investigations of inter-
national child abduction cases, including cooperation 
with the National Center for Missing and Exploited 
Children and relevant Federal, State, and local agen-
cies; 
(3) any effective practices, procedures, or lessons 
learned from the assessment of current practices and 
procedures of air carriers, foreign air carriers, and 
operators of other transportation modes that could 
improve the ability of the aviation community to en-
sure the safety of children traveling internationally 
with adults and, as appropriate, enhance the capa-
bility of air carriers and foreign air carriers to co-
operate in the investigations of international child 
abduction cases; and 
(4) any liability issues associated with providing 
assistance in such investigations.
315 
(c) REPORT.—Not later than 1 after the date of the 
enactment of this Act, the Comptroller General shall submit 
to Congress a report on the results of the study. 
SEC. 810. LOST NATION AIRPORT, OHIO. 
(a) APPROVAL OF SALE.—The Secretary of Transpor-
tation may approve the sale of Lost Nation Airport from 
the city of Willoughby, Ohio, to Lake County, Ohio, if— 
(1) Lake County meets all applicable require-
ments for sponsorship of the airport; and 
(2) Lake County agrees to assume the obligations 
and assurances of the grant agreements relating to the 
airport executed by the city of Willoughby under 
chapter 471 of title 49, United States Code, and to 
operate and maintain the airport in accordance with 
such obligations and assurances. 
(b) GRANTS.— 
(1) IN GENERAL.—The Secretary may make a 
grant, from funds made available under section 48103 
of title 49, United States Code, to Lake County to as-
sist in Lake County’s purchase of the Lost Nation 
Airport under subsection (a). 
(2) FEDERAL SHARE.—The Federal share of the 
grant under this subsection shall be for 90 percent of 
the cost of Lake County’s purchase of the Lost Nation
316 
Airport, but in no event may the Federal share of the 
grant exceed $1,220,000. 
(3) APPROVAL.—The Secretary may make a 
grant under this subsection only if the Secretary re-
ceives such written assurances as the Secretary may 
require under section 47107 of title 49, United States 
Code, with respect to the grant and Lost Nation Air-
port. 
(c) TREATMENT OF PROCEEDS FROM SALE.—The Sec-
retary may grant to the city of Willoughby an exemption 
from the provisions of sections 47107 and 47133 of such 
title, any grant obligations of the city of Willoughby, and 
regulations and policies of the Federal Aviation Adminis-
tration to the extent necessary to allow the city of 
Willoughby to use the proceeds from the sale approved under 
subsection (a) for any purpose authorized by the city of 
Willoughby. 
SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA. 
(a) FINDINGS.—Congress finds that— 
(1) Pollock Municipal Airport located in Pollock, 
Louisiana (in this section referred to as the ‘‘air-
port’’), has never been included in the National Plan 
of Integrated Airport Systems pursuant to section 
47103 of title 49, United States Code, and is therefore
317 
not considered necessary to meet the current or future 
needs of the national aviation system; and 
(2) closing the airport will not adversely affect 
aviation safety, aviation capacity, or air commerce. 
(b) REQUEST FOR CLOSURE.— 
(1) APPROVAL.—Notwithstanding any other pro-
vision of law, requirement, or agreement and subject 
to the requirements of this section, the Administrator 
of the Federal Aviation Administration shall— 
(A) approve a request from the town of Pol-
lock, Louisiana, to close the airport as a public 
airport; and 
(B) release the town from any term, condi-
tion, reservation, or restriction contained in a 
surplus property conveyance or transfer docu-
ment, and from any order or finding by the De-
partment of Transportation on the use and re-
payment of airport revenue applicable to the air-
port, that would otherwise prevent the closure of 
the airport and redevelopment of the facilities to 
nonaeronautical uses. 
(2) CONTINUED AIRPORT OPERATION PRIOR TO 
APPROVAL.—The town of Pollock shall continue to op-
erate and maintain the airport until the Adminis-
318 
trator grants the town’s request for closure of the air-
port. 
(3) USE
OF
PROCEEDS
FROM
SALE
OF
AIR-
PORT.—Upon the approval of the request to close the 
airport, the town of Pollock shall obtain fair market 
value for the sale of the airport property and shall 
immediately upon receipt transfer all such proceeds 
from the sale of the airport property to the sponsor 
of a public airport designated by the Administrator 
to be used for the development or improvement of such 
airport. 
(4) RELOCATION OF AIRCRAFT.—Before closure 
of the airport, the town of Pollock shall provide ade-
quate time for any airport-based aircraft to relocate. 
SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY 
PROGRAM. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall develop a human inter-
vention and motivation study program for pilots and flight 
attendants involved in air carrier operations in the United 
States under part 121 of title 14, Code of Federal Regula-
tions. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section such
319 
sums as may be necessary for each of fiscal years 2010 
through 2012. Such sums shall remain available until ex-
pended. 
SEC. 813. WASHINGTON, DC, AIR DEFENSE IDENTIFICATION 
ZONE. 
(a) SUBMISSION OF PLAN TO CONGRESS.—Not later 
than 90 days after the date of enactment of this Act, the 
Administrator of the Federal Aviation Administration, in 
consultation with Secretary of Homeland Security and Sec-
retary of Defense, shall submit to the Committee on Trans-
portation and Infrastructure and Committee on Homeland 
Security of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a plan for the Washington, DC, Air Defense Identification 
Zone. 
(b) CONTENTS OF PLAN.—The plan shall outline spe-
cific changes to the Washington, DC, Air Defense Identifica-
tion Zone that will decrease operational impacts and im-
prove general aviation access to airports in the National 
Capital Region that are currently impacted by the zone. 
SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, including the Federal Airport Act (as in effect 
on August 8, 1958), the United States releases, without 
monetary consideration, all restrictions, conditions, and
320 
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 
Transportation and Public Facilities of the State of Alaska 
for the construction or reconstruction of a federally sub-
sidized highway project. 
SEC. 815. 1940 AIR TERMINAL MUSEUM AT WILLIAM P. 
HOBBY AIRPORT, HOUSTON, TEXAS. 
It is the sense of Congress that the Nation— 
(1) supports the goals and ideals of the 1940 Air 
Terminal Museum located at William P. Hobby Air-
port in the city of Houston, Texas; 
(2) congratulates the city of Houston and the 
1940 Air Terminal Museum on the 80-year history of 
William P. Hobby Airport and the vital role of the
321 
airport in Houston’s and the Nation’s transportation 
infrastructure; and 
(3) recognizes the 1940 Air Terminal Museum 
for its importance to the Nation in the preservation 
and presentation of civil aviation heritage and recog-
nizes the importance of civil aviation to the Nation’s 
history and economy. 
SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMITATIONS 
APPLICABLE TO FLIGHT CREWMEMBERS. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall initiate a rulemaking proceeding for the 
following purposes: 
(1) To require a flight crewmember who is em-
ployed by an air carrier conducting operations under 
part 121 of title 14, Code of Federal Regulations, and 
who accepts an additional assignment for flying 
under part 91 of such title from the air carrier or 
from any other air carrier conducting operations 
under part 121 or 135 of such title, to apply the pe-
riod of the additional assignment (regardless of 
whether the assignment is performed by the flight 
crewmember before or after an assignment to fly 
under part 121 of such title) toward any limitation
322 
applicable to the flight crewmember relating to duty 
periods or flight times under part 121 of such title. 
(2) To require a flight crewmember who is em-
ployed by an air carrier conducting operations under 
part 135 of title 14, Code of Federal Regulations, and 
who accepts an additional assignment for flying 
under part 91 of such title from the air carrier or 
any other air carrier conducting operations under 
part 121 or 135 of such title, to apply the period of 
the additional assignment (regardless of whether the 
assignment is performed by the flight crewmember be-
fore or after an assignment to fly under part 135 of 
such title) toward any limitation applicable to the 
flight crewmember relating to duty periods or flight 
times under part 135 of such title. 
SEC. 817. PILOT PROGRAM FOR REDEVELOPMENT OF AIR-
PORT PROPERTIES. 
(a) IN GENERAL.—Not later than 1 after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall establish a pilot program at 
up to 4 public-use airports (as defined in section 47102 of 
title 49, United States Code) that have a noise compat-
ibility program approved by the Administrator under sec-
tion 47504 of such title.
323 
(b) GRANTS.—Under the pilot program, the Adminis-
trator may make a grant in a fiscal year, from funds made 
available under section 47117(e)(1)(A) of such title, to the 
operator of an airport participating in the pilot program— 
(1) to support joint planning (including plan-
ning described in section 47504(a)(2)(F) of such 
title), engineering design, and environmental permit-
ting for the assembly and redevelopment of real prop-
erty purchased with noise mitigation funds made 
available under section 48103 or passenger facility 
revenues collected for the airport under section 40117 
of such title; and 
(2) to encourage compatible land uses with the 
airport and generate economic benefits to the airport 
operator and an affected local jurisdiction. 
(c) GRANT REQUIREMENTS.—The Administrator may 
not make a grant under this section unless the grant is 
made— 
(1) to enable the airport operator and an affected 
local jurisdiction to expedite their noise mitigation 
redevelopment efforts with respect to real property de-
scribed in subsection (b)(1); 
(2) subject to a requirement that the affected 
local jurisdiction has adopted zoning regulations that
324 
permit compatible redevelopment of real property de-
scribed in subsection (b)(1); and 
(3) subject to a requirement that funds made 
available under section 47117(e)(1)(A) with respect to 
real property assembled and redeveloped under sub-
section (b)(1) plus the amount of any grants made for 
acquisition of such property under section 47504 of 
such title are repaid to the Administrator upon the 
sale of such property. 
(d) COOPERATION WITH LOCAL AFFECTED JURISDIC-
TION.—An airport operator may use funds granted under 
this section for a purpose described in subsection (b) only 
in cooperation with an affected local jurisdiction. 
(e) UNITED STATES GOVERNMENT SHARE.— 
(1) IN GENERAL.—The United States Govern-
ment share of the allowable costs of a project carried 
out under the pilot program shall be 80 percent. 
(2) DETERMINATION.—In determining the allow-
able project costs of a project carried out under the 
pilot program for purposes of this subsection, the Ad-
ministrator shall deduct from the total costs of the 
project that portion of the total costs of the project 
that are incurred with respect to real property that 
is not owned or to be acquired by the airport operator 
pursuant to the noise compatibility program for the
325 
airport or that is not owned by an affected local ju-
risdiction or other public entity. 
(3) 
MAXIMUM
AMOUNT.—Not 
more 
than 
$5,000,000 in funds made available under section 
47117(e) of title 49, United States Code, may be ex-
pended under this pilot program at any single public- 
use airport. 
(f) SPECIAL
RULES
FOR
REPAID
FUNDS.—The 
amounts repaid to the Administrator with respect to an air-
port under subsection (c)(3)— 
(1) shall be available to the Administrator for 
the following actions giving preference to such actions 
in descending order: 
(A) reinvestment in an approved noise com-
patibility project at the airport; 
(B) reinvestment in another project at the 
airport that is available for funding under sec-
tion 47117(e) of title 49, United States Code; 
(C) reinvestment in an approved airport 
development project at the airport that is eligible 
for funding under section 47114, 47115, or 
47117 of such title; 
(D) reinvestment in approved noise compat-
ibility project at any other public airport; and
326 
(E) deposit in the Airport and Airway 
Trust Fund established under section 9502 of the 
Internal Revenue Code of 1986 (26 U.S.C. 9502); 
(2) shall be in addition to amounts authorized 
under section 48103 of title 49, United States Code; 
and 
(3) shall remain available until expended. 
(g) USE OF PASSENGER FACILITY REVENUE.—An op-
erator of an airport participating in the pilot program may 
use passenger facility revenue collected for the airport under 
section 40117 of title 49, United States Code, to pay the 
portion of the total cost of a project carried out by the oper-
ator under the pilot program that are not allowable under 
subsection (e)(2). 
(h) SUNSET.—The Administrator may not make a 
grant under the pilot program after September 30, 2012. 
(i) REPORT TO CONGRESS.—Not later than the last 
day of the 30th month following the date on which the first 
grant is made under this section, the Administrator shall 
report to Congress on the effectiveness of the pilot program 
on returning real property purchased with noise mitigation 
funds made available under section 47117(e)(1)(A) or 
47505 or passenger facility revenues to productive use. 
(j) 
NOISE
COMPATIBILITY
MEASURES.—Section 
47504(a)(2) is amended—
327 
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) by striking the period at the end of subpara-
graph (E) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(F) joint comprehensive land use planning, 
including master plans, traffic studies, environ-
mental evaluation and economic and feasibility 
studies, with neighboring local jurisdictions un-
dertaking community redevelopment in the area 
where any land or other property interest ac-
quired by the airport operator under this sub-
section is located, to encourage and enhance rede-
velopment opportunities that reflect zoning and 
uses that will prevent the introduction of addi-
tional incompatible uses and enhance redevelop-
ment potential.’’. 
SEC. 818. HELICOPTER OPERATIONS OVER LONG ISLAND 
AND STATEN ISLAND, NEW YORK. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on helicopter op-
erations over Long Island and Staten Island, New York. 
(b) CONTENTS.—In conducting the study, the Admin-
istrator shall examine, at a minimum, the following:
328 
(1) The effect of helicopter operations on residen-
tial areas, including— 
(A) safety issues relating to helicopter oper-
ations; 
(B) noise levels relating to helicopter oper-
ations and ways to abate the noise levels; and 
(C) any other issue relating to helicopter 
operations on residential areas. 
(2) The feasibility of diverting helicopters from 
residential areas. 
(3) The feasibility of creating specific air lanes 
for helicopter operations. 
(4) The feasibility of establishing altitude limits 
for helicopter operations. 
(c) EXCEPTIONS.—Any determination under this sec-
tion on the feasibility of establishing limitations or restric-
tions for helicopter operations over Long Island and Staten 
Island, New York, shall not apply to helicopters performing 
operations for news organizations, the military, law en-
forcement, or providers of emergency services. 
(d) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to interfere with 
the Federal Aviation Administration’s authority to ensure 
the safe and efficient use of the national airspace system.
329 
(e) REPORT.—Not later than 6 months after the date 
of the enactment of this Act, the Administrator shall submit 
to Congress a report on the results of the study, including 
information and recommendations concerning the issues ex-
amined under subsection (b). 
SEC. 819. CABIN TEMPERATURE AND HUMIDITY STAND-
ARDS STUDY. 
(a) STUDY.—Not later than 6 months after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall conduct a study to determine 
whether onboard temperature standards are necessary to 
protect cabin and cockpit crew members and passengers on 
an aircraft of an air carrier used to provide air transpor-
tation from excessive heat and humidity onboard such air-
craft during standard operations or during an excessive 
flight delay. 
(b) TEMPERATURE REVIEW.—In conducting the study 
under subsection (a), the Administrator shall— 
(1) survey onboard cabin and cockpit tempera-
ture and humidity of a representative sampling of 
different aircraft types and operations; 
(2) address the appropriate placement of tem-
perature monitoring devices onboard the aircraft to 
determine the most accurate measurement of onboard 
temperature and humidity and develop a system for
330 
the reporting of excessive temperature and humidity 
onboard passenger aircraft by cockpit and cabin crew 
members; and 
(3) review the impact of implementing such on-
board temperature and humidity standards on the en-
vironment, fuel economy, and avionics and determine 
the costs associated with such implementation and the 
feasibility of using ground equipment or other mitiga-
tion measures to offset any such costs. 
(c) REPORT TO CONGRESS.—Not later than 18 months 
after the date of enactment of this Act, the Administrator 
shall submit to Congress a report on the findings of the 
study. 
SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS. 
Section 46301 is amended— 
(1) in subsection (a)(1)(A) by inserting ‘‘chapter 
451,’’ before ‘‘section 47107(b)’’; 
(2) in subsection (a)(5)(A)(i)— 
(A) by striking ‘‘or chapter 449’’ and in-
serting ‘‘chapter 449’’; and 
(B) by inserting after ‘‘44909)’’ the fol-
lowing: ‘‘, or chapter 451’’; and 
(3) in subsection (d)(2)—
331 
(A) by inserting after ‘‘44723)’’ the fol-
lowing: ‘‘, chapter 451 (except section 45107)’’; 
and 
(B) by inserting after ‘‘44909),’’ the fol-
lowing: ‘‘section 45107 or’’. 
SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGES-
TION. 
Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall conduct a study 
and submit a report to Congress regarding effective strate-
gies to alleviate congestion in the national airspace at air-
ports during peak travel times, by evaluating the effective-
ness of reducing flight schedules and staggering flights, de-
veloping incentives for airlines to reduce the number of 
flights offered, and instituting slots and quotas at airports. 
In addition, the Comptroller General shall compare the effi-
ciency of implementing the strategies in the preceding sen-
tence with redesigning airspace and evaluate any legal ob-
stacles to implementing such strategies. 
SEC. 822. AIRLINE PERSONNEL TRAINING ENHANCEMENT. 
Not later than 1 after the date of enactment of this 
Act, the Secretary of Transportation shall issue regulations 
under chapter 447 of title 49, United States Code, that re-
quire air carriers to provide initial and annual recurring 
training for flight attendants and gate attendants regard-
332 
ing serving alcohol, dealing with disruptive passengers, and 
recognizing intoxicated persons. The training shall include 
situational training on methods of handling an intoxicated 
person who is belligerent. 
SEC. 823. STUDY ON FEASIBILITY OF DEVELOPMENT OF A 
PUBLIC INTERNET WEB-BASED SEARCH EN-
GINE ON WIND TURBINE INSTALLATION OB-
STRUCTION. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall carry out a study on the feasi-
bility of developing a publicly searchable, Internet Web- 
based resource that provides information regarding the ac-
ceptable height and distance that wind turbines may be in-
stalled in relation to aviation sites and the level of obstruc-
tion such turbines may present to such sites. 
(b) CONSIDERATIONS.—In conducting the study, the 
Administrator shall consult, if appropriate, with the Secre-
taries of the Army, Navy and Air Force, Homeland Secu-
rity, Agriculture, and Energy to coordinate the require-
ments of each agency for future air space needs, determine 
what the acceptable risks are to existing infrastructure of 
each agency, and define the different levels of risk for such 
infrastructure. 
(c) IMPACT OF WIND TURBINES ON RADAR SIGNALS.— 
In conducting the study, the Administrator shall consider
333 
the impact of the operation of wind turbines, individually 
and in collections, on radar signals and evaluate the feasi-
bility of providing quantifiable measures of numbers of tur-
bines and distance from radars that are acceptable. 
(d) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Secretary shall submit a report on 
the results of the study to the Committee on Transportation 
and Infrastructure, Committee on Homeland Security, 
Committee on Armed Services, Committee on Agriculture, 
and Committee on Science and Technology of the House of 
Representatives and the Committee on Commerce, Science, 
and Transportation, Committee on Homeland Security and 
Governmental Affairs, Committee on Agriculture, Nutri-
tion, and Forestry, and Committee on Armed Services of 
the Senate. 
SEC. 824. FAA RADAR SIGNAL LOCATIONS. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on the locations 
of Federal Aviation Administration radar signals (in this 
section referred to as ‘‘FAA radars’’) in the United States, 
including the impact of such locations on— 
(1) the development and installation of renew-
able energy technologies, including wind turbines; and
334 
(2) the ability of State and local authorities to 
identify and plan for the location of such renewable 
energy technologies. 
(b) CONSULTATION.—In conducting the study, the Ad-
ministrator may consult with the heads of appropriate 
agencies as needed. 
(c) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Administrator shall transmit 
to Congress a report on the results of the study. 
(d) ADMINISTRATIVE PROCESS.—The Administrator 
shall develop an effective administrative process for reloca-
tion of FAA radars, when appropriate, and testing and de-
ployment of alternate solutions, as necessary. 
(e) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to affect the au-
thority of the Administrator to issue hazard determinations. 
SEC. 825. WIND TURBINE LIGHTING. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on wind turbine 
lighting systems. 
(b) CONTENTS.—In conducting the study, the Admin-
istrator shall examine the following: 
(1) The effect of wind turbine lighting on resi-
dential areas.
335 
(2) The safety issues associated with alternative 
lighting strategies, technologies, and regulations. 
(3) Potential energy savings associated with al-
ternative lighting strategies, technologies, and regula-
tions. 
(4) The feasibility of implementing alternative 
lighting strategies or technologies. 
(5) Any other issue relating to wind turbine 
lighting. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report on the results of the study, including 
information and recommendations concerning the issues ex-
amined under subsection (b). 
SEC. 826. PROHIBITION ON USE OF CERTAIN FUNDS. 
The Secretary may not use any funds authorized in 
this Act to name, rename, designate, or redesignate any 
project or program under this act for an individual then 
serving as a Member, Delegate, Resident Commissioner, or 
Senator of the United States Congress. 
SEC. 827. LIMITING ACCESS TO FLIGHT DECKS OF ALL- 
CARGO AIRCRAFT. 
(a) STUDY.—Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration, in consultation with appropriate
336 
air carriers, aircraft manufacturers, and air carrier labor 
representatives, shall conduct a study to identify a physical 
means, or a combination of physical and procedural means, 
of limiting access to the flight decks of all-cargo aircraft 
to authorized flight crew members. 
(b) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Administrator shall submit to Congress 
a report on the results of the study. 
SEC. 828. WHISTLEBLOWERS AT FAA. 
It is the sense of Congress that whistleblowers at the 
Federal Aviation Administration be granted the full protec-
tion of the law. 
SEC. 829. COLLEGE POINT MARINE TRANSFER STATION, 
NEW YORK. 
(a) FINDING.—Congress finds that the Federal Avia-
tion Administration, in determining whether the proposed 
College Point Marine Transfer Station in New York City, 
New York, if constructed, would constitute a hazard to air 
navigation, has not followed published policy statements of 
the Federal Aviation Administration, including— 
(1) Advisory Circular Number 150/5200–33B 2, 
entitled ‘‘Hazardous Wildlife Attractants on or Near 
Airports’’; 
(2) Advisory Circular Number 150/5300–13, en-
titled ‘‘Airport Design’’; and
337 
(3) the publication entitled ‘‘Policies and Proce-
dures Memorandum—Airports Division’’, Number 
5300.1B, dated Feb. 5, 1999. 
(b) DESIGNATION OF TRANSFER STATION AS HAZARD 
TO AIR NAVIGATION.—The Administrator of the Federal 
Aviation Administration shall take such actions as may be 
necessary to designate the proposed College Point Marine 
Transfer Station in New York City, New York, as a hazard 
to air navigation. 
SEC. 830. PILOT TRAINING AND CERTIFICATION. 
(a) INITIATION OF STUDY.—Not later than 3 months 
after the date of enactment of this Act, the Comptroller Gen-
eral shall initiate a study on commercial airline pilot 
training and certification programs. The study shall in-
clude the data collected under subsection (b). 
(b) DATA COLLECTED.—In conducting the study, the 
Comptroller General shall collect data on— 
(1) commercial pilot training and certification 
programs at United States air carriers, including re-
gional and commuter air carriers; 
(2) the number of training hours required for pi-
lots operating new aircraft types before assuming 
pilot in command duties;
338 
(3) how United States air carriers update and 
train pilots on new technologies in aircraft types in 
which they hold certifications; 
(4) what remedial actions are taken in cases of 
repeated unsatisfactory check-rides by commercial 
airline pilots; 
(5) what stall warning systems are included in 
flight simulator training compared to classroom in-
struction; and 
(6) the information required to be provided by 
pilots on their job applications and the ability of 
United States air carriers to verify the information 
provided. 
(c) CONTENTS OF STUDY.—The study shall include, at 
a minimum— 
(1) a review of Federal Aviation Administration 
and international standards regarding commercial 
airline pilot training and certification programs; 
(2) the results of interviews that the Comptroller 
General shall conduct with United States air carriers, 
pilot organizations, the National Transportation 
Safety Board, the Federal Aviation Administration, 
and such other parties as the Comptroller General de-
termines appropriate; and
339 
(3) such other matters as the Comptroller Gen-
eral determines are appropriate. 
(d) REPORT.—Not later than 12 months after the date 
of initiation of the study, the Comptroller General shall sub-
mit to the Administrator, the Committee on Transportation 
and Infrastructure of the House of Representatives, and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report on the results of the study, together with 
the findings and recommendations of the Comptroller Gen-
eral regarding the study. 
SEC. 831. ST. GEORGE, UTAH. 
(a) IN GENERAL.—Notwithstanding section 16 of the 
Federal Airport Act (as in effect on August 28, 1973) or 
sections 47125 and 47153 of title 49, United States Code, 
the Secretary of Transportation is authorized, subject to 
subsection (b), to grant releases from any of the terms, con-
ditions, reservations, and restrictions contained in the deed 
of conveyance dated August 28, 1973, under which the 
United States conveyed certain property to the city of St. 
George, Utah, for airport purposes. 
(b) CONDITION.—Any release granted by the Secretary 
under the subsection (a) shall be subject to the following 
conditions: 
(1) The city of St. George shall agree that in 
conveying any interest in the property that the
340 
United States conveyed to the city by deed dated Au-
gust 28, 1973, the city will receive an amount for 
such interest that is equal to the fair market value. 
(2) Any such amount so received by the city of 
St. George shall be used by the city for the develop-
ment, improvement, operation, or maintenance of a 
replacement public airport. 
SEC. 832. REPLACEMENT OF TERMINAL RADAR APPROACH 
CONTROL AT PALM BEACH INTERNATIONAL 
AIRPORT. 
The Administrator of the Federal Aviation Adminis-
tration shall take such actions as may be necessary to en-
sure that any air traffic control tower or facility placed 
into operation at Palm Beach International Airport after 
September 30, 2009, to replace an air traffic control tower 
or facility placed into operation before September 30, 2009, 
includes an operating terminal radar approach control. 
SEC. 833. SANTA MONICA AIRPORT, CALIFORNIA. 
It is the sense of Congress that the Administrator of 
the Federal Aviation Administration should enter into good 
faith discussions with the city of Santa Monica, California, 
to achieve runway safety area solutions consistent with Fed-
eral Aviation Administration design guidelines to address 
safety concerns at Santa Monica Airport.
341 
TITLE IX—FEDERAL AVIATION 
RESEARCH AND DEVELOPMENT 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Federal Aviation Re-
search and Development Reauthorization Act of 2010’’. 
SEC. 902. DEFINITIONS. 
As used in this title, the following definition apply: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal Avia-
tion Administration. 
(2) FAA.—The term ‘‘FAA’’ means the Federal 
Aviation Administration. 
(3) NASA.—The term ‘‘NASA’’ means the Na-
tional Aeronautics and Space Administration. 
(4) NATIONAL RESEARCH COUNCIL.—The term 
‘‘National Research Council’’ means the National Re-
search Council of the National Academies of Science 
and Engineering. 
(5) NOAA.—The term ‘‘NOAA’’ means the Na-
tional Oceanic and Atmospheric Administration. 
(6) NSF.—The term ‘‘NSF’’ means the National 
Science Foundation. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation.
342 
SEC. 903. INTERAGENCY RESEARCH INITIATIVE ON THE IM-
PACT OF AVIATION ON THE CLIMATE. 
(a) IN GENERAL.—The Administrator, in coordination 
with NASA and the United States Climate Change Science 
Program, shall carry out a research initiative to assess the 
impact of aviation on the climate and, if warranted, to 
evaluate approaches to mitigate that impact. 
(b) RESEARCH PLAN.—Not later than 1 after the date 
of enactment of this Act, the participating Federal entities 
shall jointly develop a plan for the research program that 
contains the objectives, proposed tasks, milestones, and 5- 
year budgetary profile. 
SEC. 904. RESEARCH PROGRAM ON RUNWAYS. 
(a) RESEARCH PROGRAM.—The Administrator shall 
maintain a program of research grants to universities and 
nonprofit research foundations for research and technology 
demonstrations related to— 
(1) improved runway surfaces; and 
(2) engineered material restraining systems for 
runways at both general aviation airports and air-
ports with commercial air carrier operations. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 2010 through 2012 to 
carry out this section.
343 
SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION. 
(a) ESTABLISHMENT OF PROGRAM.—Not later than 6 
months after the date of enactment of this Act, the FAA, 
in consultation with other agencies as appropriate, shall 
establish a research program on methods to improve both 
confidence in and the timeliness of certification of new tech-
nologies for their introduction into the national airspace 
system. 
(b) RESEARCH PLAN.—Not later than 1 year after the 
date of enactment of this Act, as part of the activity de-
scribed in subsection (a), the FAA shall develop a plan for 
the research program that contains the objectives, proposed 
tasks, milestones, and 5-year budgetary profile. 
(c) REVIEW.—The Administrator shall have the Na-
tional Research Council conduct an independent review of 
the research program plan and provide the results of that 
review to the Committee on Science and Technology and 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate not later than 
18 months after the date of enactment of this Act. 
SEC. 906. CENTERS OF EXCELLENCE. 
(a) GOVERNMENT’S
SHARE
OF
COSTS.—Section 
44513(f) is amended to read as follows: 
‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The United 
States Government’s share of establishing and operating the
344 
center and all related research activities that grant recipi-
ents carry out shall not exceed 75 percent of the costs. The 
United States Government’s share of an individual grant 
under this section shall not exceed 90 percent of the costs.’’. 
(b) ANNUAL REPORT.—The Administrator shall trans-
mit annually to the Committee on Science and Technology 
and the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate at the 
time of the President’s budget request a report that lists— 
(1) the research projects that have been initiated 
by each Center of Excellence in the preceding year; 
(2) the amount of funding for each research 
project and the funding source; 
(3) the institutions participating in each project 
and their shares of the overall funding for each re-
search project; and 
(4) the level of cost-sharing for each research 
project. 
SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM. 
Section 44511(f) is amended— 
(1) in paragraph (1) by striking ‘‘establish a 4- 
year pilot’’ and inserting ‘‘maintain an’’; and 
(2) in paragraph (4)—
345 
(A) by striking ‘‘expiration of the program’’ 
and inserting ‘‘expiration of the pilot program’’; 
and 
(B) by striking ‘‘program, including rec-
ommendations as to the need for establishing a 
permanent airport cooperative research pro-
gram’’ and inserting ‘‘program’’. 
SEC. 908. UNMANNED AIRCRAFT SYSTEMS. 
(a) RESEARCH
INITIATIVE.—Section 44504(b) is 
amended— 
(1) in paragraph (6) by striking ‘‘and’’ after the 
semicolon; 
(2) in paragraph (7) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) in conjunction with other Federal agencies, 
as appropriate, to develop technologies and methods to 
assess the risk of and prevent defects, failures, and 
malfunctions of products, parts, and processes, for use 
in all classes of unmanned aircraft systems that could 
result in a catastrophic failure of the unmanned air-
craft that would endanger other aircraft in the na-
tional airspace system.’’. 
(b) SYSTEMS, PROCEDURES, FACILITIES, AND DE-
VICES.—Section 44505(b) is amended—
346 
(1) in paragraph (4) by striking ‘‘and’’ after the 
semicolon; 
(2) in paragraph (5)(C) by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(6) to develop a better understanding of the re-
lationship between human factors and unmanned air-
craft systems safety; and 
‘‘(7) to develop dynamic simulation models for 
integrating all classes of unmanned aircraft systems 
into the national airspace system without any deg-
radation of existing levels of safety for all national 
airspace system users.’’. 
SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UN-
DERGRADUATE STUDENTS. 
(a) IN GENERAL.—The Administrator shall establish 
a program to utilize colleges and universities, including 
Historically Black Colleges and Universities, Hispanic 
serving institutions, tribally controlled colleges and univer-
sities, and Alaska Native and Native Hawaiian serving in-
stitutions in conducting research by undergraduate students 
on subjects of relevance to the FAA. Grants may be awarded 
under this section for— 
(1) research projects to be carried out primarily 
by undergraduate students;
347 
(2) research projects that combine undergraduate 
research with other research supported by the FAA; 
(3) research on future training requirements re-
lated to projected changes in regulatory requirements 
for aircraft maintenance and power plant licensees; 
and 
(4) research on the impact of new technologies 
and procedures, particularly those related to aircraft 
flight deck and air traffic management functions, and 
on training requirements for pilots and air traffic 
controllers. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $5,000,000 for each of the 
fiscal years 2010 through 2012, for research grants under 
this section. 
SEC. 910. AVIATION GAS RESEARCH AND DEVELOPMENT 
PROGRAM. 
(a) CONTINUATION OF PROGRAM.—The Administrator, 
in coordination with the NASA Administrator, shall con-
tinue research and development activities into technologies 
for modification of existing general aviation piston engines 
to enable their safe operation using unleaded aviation fuel. 
(b) ROADMAP.—Not later than 120 days after the date 
of enactment of this Act, the Administrator shall develop 
a research and development roadmap for the program con-
348 
tinued in subsection (a), containing the specific research 
and development objectives and the anticipated timetable 
for achieving the objectives. 
(c) REPORT.—Not later than 130 days after the date 
of enactment of this Act, the Administrator shall provide 
the roadmap specified in subsection (b) to the Committee 
on Science and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $750,000 for each of the fiscal 
years 2010 through 2012 to carry out this section. 
SEC. 911. REVIEW OF FAA’S ENERGY- AND ENVIRONMENT- 
RELATED RESEARCH PROGRAMS. 
(a) STUDY.—The Administrator shall enter into an ar-
rangement with the National Research Council for a review 
of the FAA’s energy- and environment-related research pro-
grams. The review shall assess whether— 
(1) the programs have well-defined, prioritized, 
and appropriate research objectives; 
(2) the programs are properly coordinated with 
the energy- and environment-related research pro-
grams of NASA, NOAA, and other relevant agencies; 
(3) the programs have allocated appropriate re-
sources to each of the research objectives; and
349 
(4) 
there 
exist 
suitable 
mechanisms 
for 
transitioning the research results into the FAA’s oper-
ational technologies and procedures and certification 
activities. 
(b) REPORT.—A report containing the results of the 
review shall be provided to the Committee on Science and 
Technology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate within 18 months of the enactment of this Act. 
SEC. 912. REVIEW OF FAA’S AVIATION SAFETY-RELATED RE-
SEARCH PROGRAMS. 
(a) REVIEW.—The Administrator shall enter into an 
arrangement with the National Research Council for an 
independent review of the FAA’s aviation safety-related re-
search programs. The review shall assess whether— 
(1) the programs have well-defined, prioritized, 
and appropriate research objectives; 
(2) the programs are properly coordinated with 
the safety research programs of NASA and other rel-
evant Federal agencies; 
(3) the programs have allocated appropriate re-
sources to each of the research objectives; and 
(4) 
there 
exist 
suitable 
mechanisms 
for 
transitioning the research results from the programs
350 
into the FAA’s operational technologies and proce-
dures and certification activities in a timely manner. 
(b) AVIATION SAFETY-RELATED RESEARCH PROGRAMS 
TO BE ASSESSED.—The FAA aviation safety-related re-
search programs to be assessed under the review shall in-
clude, at a minimum, the following: 
(1) 
Air 
traffic 
control/technical 
operations 
human factors. 
(2) Runway incursion reduction. 
(3) Flightdeck/maintenance system integration 
human factors. 
(4) Airports technology research—safety. 
(5) Airport cooperative research program—safe-
ty. 
(6) Weather program. 
(7) Atmospheric hazards/digital system safety. 
(8) Fire research and safety. 
(9) Propulsion and fuel systems. 
(10) Advanced materials/structural safety. 
(11) Aging aircraft. 
(12) Aircraft catastrophic failure prevention re-
search. 
(13) Aeromedical research. 
(14) Aviation safety risk analysis. 
(15) Unmanned aircraft systems research.
351 
(c) REPORT.—Not later than 14 months after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report on the results of the review. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts authorized to be appropriated by the 
amendments made by this Act, there is authorized to be ap-
propriated $700,000 for fiscal year 2010 to carry out this 
section. 
SEC. 913. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL 
TECHNOLOGY FOR CIVIL AIRCRAFT. 
(a) ESTABLISHMENT
OF
RESEARCH
PROGRAM.— 
Using amounts made available under section 48102(a) of 
title 49, United States Code, the Secretary of Transpor-
tation shall conduct a research program related to devel-
oping jet fuel from alternative sources (such as coal, natural 
gas, biomass, ethanol, butanol, and hydrogen) through 
grants or other measures authorized under section 106(l)(6) 
of such title, including reimbursable agreements with other 
Federal agencies. 
(b) PARTICIPATION BY EDUCATIONAL AND RESEARCH 
INSTITUTIONS.—In conducting the program, the Secretary 
shall provide for participation by educational and research 
institutions that have existing facilities and experience in 
the development and deployment of technology for alter-
native jet fuels.
352 
(c) DESIGNATION OF INSTITUTE AS A CENTER OF EX-
CELLENCE.—Not later than 6 months after the date of en-
actment of this Act, the Administrator of the Federal Avia-
tion Administration shall designate an institution de-
scribed in subsection (a) as a Center of Excellence for Alter-
native Jet Fuel Research. 
SEC. 914. CENTER FOR EXCELLENCE IN AVIATION EMPLOY-
MENT. 
(a) ESTABLISHMENT.—The Administrator shall estab-
lish a Center for Excellence in Aviation Employment (in 
this section referred to as the ‘‘Center’’). 
(b) APPLIED RESEARCH AND TRAINING.—The Center 
shall conduct applied research and training on— 
(1) human performance in the air transportation 
environment; 
(2) air transportation personnel, including air 
traffic controllers, pilots, and technicians; and 
(3) any other aviation human resource issues 
pertinent to developing and maintaining a safe and 
efficient air transportation system. 
(c) DUTIES.—The Center shall— 
(1) in conjunction with the Collegiate Training 
Initiative and other air traffic controller training 
programs, develop, implement, and evaluate a com-
353 
prehensive, best-practices based training program for 
air traffic controllers; 
(2) work with the Office of Human Resource 
Management of the FAA as that office develops and 
implements a strategic recruitment and marketing 
program to help the FAA compete for the best quali-
fied employees and incorporate an employee value 
proposition process that results in attracting a broad- 
based and diverse aviation workforce in mission crit-
ical positions, including air traffic controller, avia-
tion safety inspector, airway transportation safety 
specialist, and engineer; 
(3) through industry surveys and other research 
methodologies and in partnership with the ‘‘Taskforce 
on the Future of the Aerospace Workforce’’ and the 
Secretary of Labor, establish a baseline of general 
aviation employment statistics for purposes of pro-
jecting and anticipating future workforce needs and 
demonstrating the economic impact of general avia-
tion employment; 
(4) conduct a comprehensive analysis of the air-
frame and powerplant technician certification process 
and employment trends for maintenance repair orga-
nization facilities, certificated repair stations, and 
general aviation maintenance organizations;
354 
(5) establish a best practices model in aviation 
maintenance technician school environments; and 
(6) establish a workforce retraining program to 
allow for transition of recently unemployed and high-
ly skilled mechanics into aviation employment. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Administrator such 
sums as may be necessary to carry out this section. Such 
sums shall remain available until expended. 
TITLE X—AIRPORT AND AIRWAY 
TRUST FUND FINANCING 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Airport and Airway 
Trust Fund Financing Act of 2010’’. 
SEC. 1002. EXTENSION AND MODIFICATION OF TAXES 
FUNDING 
AIRPORT 
AND 
AIRWAY 
TRUST 
FUND. 
(a) RATE OF TAX ON AVIATION-GRADE KEROSENE AND 
AVIATION GASOLINE.— 
(1) AVIATION-GRADE KEROSENE.—Subparagraph 
(A) of section 4081(a)(2) of the Internal Revenue 
Code of 1986 (relating to rates of tax) is amended by 
striking ‘‘and’’ at the end of clause (ii), by striking 
the period at the end of clause (iii) and inserting ‘‘,
355 
and’’, and by adding at the end the following new 
clause: 
‘‘(iv) in the case of aviation-grade ker-
osene, 35.9 cents per gallon.’’. 
(2) AVIATION GASOLINE.—Clause (ii) of section 
4081(a)(2)(A) of such Code is amended by striking 
‘‘19.3 cents’’ and inserting ‘‘24.1 cents’’. 
(3) FUEL REMOVED DIRECTLY INTO FUEL TANK 
OF AIRPLANE USED IN NONCOMMERCIAL AVIATION.— 
Subparagraph (C) of section 4081(a)(2) of such Code 
is amended to read as follows: 
‘‘(C) TAXES
IMPOSED
ON
FUEL
USED
IN 
COMMERCIAL AVIATION.—In the case of aviation- 
grade kerosene which is removed from any refin-
ery or terminal directly into the fuel tank of an 
aircraft for use in commercial aviation by a per-
son registered for such use under section 4101, 
the rate of tax under subparagraph (A)(iv) shall 
be 4.3 cents per gallon.’’. 
(4) CONFORMING AMENDMENTS.— 
(A) Clause (iii) of section 4081(a)(2)(A) of 
such Code is amended by inserting ‘‘other than 
aviation-grade kerosene’’ after ‘‘kerosene’’.
356 
(B) The following provisions of such Code 
are each amended by striking ‘‘kerosene’’ and in-
serting ‘‘aviation-grade kerosene’’: 
(i) Section 4081(a)(3)(A)(ii). 
(ii) Section 4081(a)(3)(A)(iv). 
(iii) Section 4081(a)(3)(D). 
(C) Section 4081(a)(3)(D) of such Code is 
amended— 
(i) by striking ‘‘paragraph (2)(C)(i)’’ 
in clause (i) and inserting ‘‘paragraph 
(2)(C)’’; and 
(ii) by striking ‘‘paragraph (2)(C)(ii)’’ 
in clause (ii) and inserting ‘‘paragraph 
(2)(A)(iv)’’. 
(D) Section 4081(a)(4) of such Code is 
amended— 
(i) by striking ‘‘paragraph (2)(C)(i)’’ 
and inserting ‘‘paragraph (2)(C)’’; and 
(ii) by striking ‘‘KEROSENE’’ in the 
heading and inserting ‘‘AVIATION-GRADE 
KEROSENE’’. 
(E) Section 4081(d)(2) of such Code is 
amended by inserting ‘‘, (a)(2)(A)(iv),’’ after 
‘‘subsections (a)(2)(A)(ii)’’. 
(b) EXTENSION.—
357 
(1) FUELS
TAXES.—Paragraph (2) of section 
4081(d) of such Code is amended by striking ‘‘gal-
lon—’’ and all that follows and inserting ‘‘gallon 
after September 30, 2012’’. 
(2) TAXES
ON
TRANSPORTATION
OF
PERSONS 
AND PROPERTY.— 
(A) 
PERSONS.—Clause 
(ii) 
of 
section 
4261(j)(1)(A) of such Code is amended by strik-
ing ‘‘September 30, 2009’’ and inserting ‘‘Sep-
tember 30, 2012’’. 
(B) PROPERTY.—Clause (ii) of section 
4271(d)(1)(A) of such Code is amended by strik-
ing ‘‘September 30, 2009’’ and inserting ‘‘Sep-
tember 30, 2012’’. 
(c) EXEMPTION FOR AVIATION-GRADE KEROSENE RE-
MOVED INTO AN AIRCRAFT.—Subsection (e) of section 4082 
of such Code is amended— 
(1) by striking ‘‘kerosene’’ and inserting ‘‘avia-
tion-grade kerosene’’; 
(2) by striking ‘‘section 4081(a)(2)(A)(iii)’’ and 
inserting ‘‘section 4081(a)(2)(A)(iv)’’; and 
(3) by striking ‘‘KEROSENE’’ in the heading and 
inserting ‘‘AVIATION-GRADE KEROSENE’’. 
(d) RETAIL TAX ON AVIATION FUEL.—
358 
(1) 
EXEMPTION
FOR
PREVIOUSLY
TAXED 
FUEL.—Paragraph (2) of section 4041(c) of such Code 
is amended by inserting ‘‘at the rate specified in sub-
section (a)(2)(A)(iv) thereof’’ after ‘‘section 4081’’. 
(2) RATE
OF
TAX.—Paragraph (3) of section 
4041(c) of such Code is amended to read as follows: 
‘‘(3) RATE OF TAX.—The rate of tax imposed by 
this subsection shall be the rate of tax in effect under 
section 4081(a)(2)(A)(iv) (4.3 cents per gallon with 
respect to any sale or use for commercial aviation).’’. 
(e) REFUNDS RELATING TO AVIATION-GRADE KER-
OSENE.— 
(1) KEROSENE
USED
IN
COMMERCIAL
AVIA-
TION.—Clause (ii) of section 6427(l)(4)(A) of such 
Code is amended by striking ‘‘specified in section 
4041(c) or 4081(a)(2)(A)(iii), as the case may be,’’ 
and inserting ‘‘so imposed’’. 
(2) KEROSENE USED IN AVIATION.—Paragraph 
(4) of section 6427(l) of such Code is amended— 
(A) by striking subparagraph (B) and re-
designating subparagraph (C) as subparagraph 
(B); and 
(B) by amending subparagraph (B), as re-
designated by subparagraph (A), to read as fol-
lows:
359 
‘‘(B) PAYMENTS TO ULTIMATE, REGISTERED 
VENDOR.—With respect to any kerosene used in 
aviation (other than kerosene to which para-
graph (6) applies), if the ultimate purchaser of 
such kerosene waives (at such time and in such 
form and manner as the Secretary shall pre-
scribe) the right to payment under paragraph 
(1) and assigns such right to the ultimate ven-
dor, then the Secretary shall pay (without inter-
est) the amount which would be paid under 
paragraph (1) to such ultimate vendor, but only 
if such ultimate vendor— 
‘‘(i) is registered under section 4101, 
and 
‘‘(ii) meets the requirements of sub-
paragraph (A), (B), or (D) of section 
6416(a)(1).’’. 
(3) AVIATION-GRADE
KEROSENE
NOT
USED
IN 
AVIATION.—Subsection (l) of section 6427 of such 
Code is amended by redesignating paragraph (5) as 
paragraph (6) and by inserting after paragraph (4) 
the following new paragraph: 
‘‘(5) REFUNDS FOR AVIATION-GRADE KEROSENE 
NOT USED IN AVIATION.—If tax has been imposed 
under section 4081 at the rate specified in section
360 
4081(a)(2)(A)(iv) and the fuel is used other than in 
an aircraft, the Secretary shall pay (without interest) 
to the ultimate purchaser of such fuel an amount 
equal to the amount of tax imposed on such fuel re-
duced by the amount of tax that would be imposed 
under section 4041 if no tax under section 4081 had 
been imposed.’’. 
(4) CONFORMING AMENDMENTS.— 
(A) Section 6427(i)(4) of such Code is 
amended— 
(i) by striking ‘‘paragraph (4)(C) or 
(5)’’ both places it appears and inserting 
‘‘paragraph (4)(B) or (6)’’; and 
(ii) by striking ‘‘, (l)(4)(C)(ii), and 
(l)(5)’’ and inserting ‘‘and (l)(6)’’. 
(B) Section 6427(l)(1) of such Code is 
amended by striking ‘‘paragraph (4)(C)(i)’’ and 
inserting ‘‘paragraph (4)(B)(i)’’. 
(C) Section 4082(d)(2)(B) of such Code is 
amended by striking ‘‘6427(l)(5)(B)’’ and insert-
ing ‘‘6427(l)(6)(B)’’. 
(f) AIRPORT AND AIRWAY TRUST FUND.— 
(1) EXTENSION OF TRUST FUND AUTHORITIES.—