135 
ational capability, proximity to airports and popu-
lation areas, and operation within visual line-of-sight 
do not create a hazard to users of the national air-
space system or the public or pose a threat to na-
tional security; and 
(2) whether a certificate of authorization or an 
airworthiness certification under section 44704 of 
title 49, United States Code, is required for the oper-
ation of unmanned aircraft systems identified under 
paragraph (1). 
(c) REQUIREMENTS FOR SAFE OPERATION.—If the 
Secretary determines under this section that certain un-
manned aircraft systems may operate safely in the national 
airspace system, the Secretary shall establish requirements 
for the safe operation of such aircraft systems in the na-
tional airspace system. 
SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS. 
Not later than 9 months after the date of enactment 
of this Act, the Secretary shall issue guidance regarding the 
operation of public unmanned aircraft systems to— 
(1) expedite the issuance of a certificate of au-
thorization process; 
(2) provide for a collaborative process with pub-
lic agencies to allow for an incremental expansion of 
access to the national airspace system as technology
136 
matures and the necessary safety analysis and data 
become available and until standards are completed 
and technology issues are resolved; and 
(3) facilitate the capability of public agencies to 
develop and use test ranges, subject to operating re-
strictions required by the Federal Aviation Adminis-
tration, to test and operate unmanned aircraft sys-
tems. 
SEC. 324. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) CERTIFICATE OF AUTHORIZATION.—The term 
‘‘certificate of authorization’’ means a Federal Avia-
tion Administration grant of approval for a specific 
flight operation. 
(2) DETECT, SENSE, AND AVOID CAPABILITY.— 
The term ‘‘detect, sense, and avoid capability’’ means 
the technical capability to perform separation assur-
ance and collision avoidance, as defined by the Fed-
eral Aviation Administration. 
(3) PUBLIC UNMANNED AIRCRAFT SYSTEM.—The 
term ‘‘public unmanned aircraft system’’ means an 
unmanned aircraft system that meets the qualifica-
tions and conditions required for operation of a pub-
lic aircraft, as defined by section 40102 of title 49, 
United States Code.
137 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(5) TEST RANGE.—The term ‘‘test range’’ means 
a defined geographic area where research and develop-
ment are conducted. 
(6) UNMANNED
AIRCRAFT.—The term ‘‘un-
manned aircraft’’ means an aircraft that is operated 
without the possibility of direct human intervention 
from within or on the aircraft. 
(7) UNMANNED
AIRCRAFT
SYSTEM.—The term 
‘‘unmanned aircraft system’’ means an unmanned 
aircraft and associated elements (such as communica-
tion links and a ground control station) that are re-
quired to operate safely and efficiently in the national 
airspace system. 
Subtitle C—Safety and Protections 
SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGA-
TION OFFICE. 
Section 106 is amended by adding at the end the fol-
lowing: 
‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVESTIGA-
TION OFFICE.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Federal Aviation Administration (in this sub-
section referred to as the ‘Agency’) an Aviation Safety
138 
Whistleblower Investigation Office (in this subsection 
referred to as the ‘Office’). 
‘‘(2) DIRECTOR.— 
‘‘(A) APPOINTMENT.—The head of the Office 
shall be the Director, who shall be appointed by 
the Secretary of Transportation. 
‘‘(B) REPORTS AND RECOMMENDATIONS TO 
SECRETARY.—The Director shall provide regular 
reports to the Secretary of Transportation. The 
Director may recommend that the Secretary take 
any action necessary for the Office to carry out 
its functions, including protection of complain-
ants and witnesses. 
‘‘(C) QUALIFICATIONS.—The Director shall 
have a demonstrated ability in investigations 
and knowledge of or experience in aviation. 
‘‘(D) TERM.—The Director shall be ap-
pointed for a term of 5 years. 
‘‘(E) VACANCY.—Any individual appointed 
to fill a vacancy in the position of the Director 
occurring before the expiration of the term for 
which the individual’s predecessor was appointed 
shall be appointed for the remainder of that 
term. 
‘‘(3) COMPLAINTS AND INVESTIGATIONS.—
139 
‘‘(A) AUTHORITY OF DIRECTOR.—The Di-
rector shall— 
‘‘(i) receive complaints and informa-
tion submitted by employees of persons 
holding certificates issued under title 14, 
Code of Federal Regulations, and employees 
of the Agency concerning the possible exist-
ence of an activity relating to a violation of 
an order, regulation, or standard of the 
Agency or any other provision of Federal 
law relating to aviation safety; 
‘‘(ii) assess complaints and informa-
tion submitted under clause (i) and deter-
mine whether a substantial likelihood exists 
that a violation of an order, regulation, or 
standard of the Agency or any other provi-
sion of Federal law relating to aviation 
safety may have occurred; and 
‘‘(iii) based on findings of the assess-
ment conducted under clause (ii), make rec-
ommendations to the Secretary and Admin-
istrator in writing for— 
‘‘(I) further investigation by the 
Office, the Inspector General of the De-
140 
partment of Transportation, or other 
appropriate investigative body; or 
‘‘(II) corrective actions. 
‘‘(B) DISCLOSURE OF IDENTITIES.—The Di-
rector shall not disclose the identity or identi-
fying information of an individual who submits 
a complaint or information under subparagraph 
(A)(i) unless— 
‘‘(i) the individual consents to the dis-
closure in writing; or 
‘‘(ii) the Director determines, in the 
course of an investigation, that the disclo-
sure is unavoidable, in which case the Di-
rector shall provide the individual with rea-
sonable advance notice. 
‘‘(C) INDEPENDENCE
OF
DIRECTOR.—The 
Secretary, the Administrator, or any officer or 
employee of the Agency may not prevent or pro-
hibit the Director from initiating, carrying out, 
or completing any assessment of a complaint or 
information 
submitted 
under 
subparagraph 
(A)(i) or from reporting to Congress on any such 
assessment. 
‘‘(D) ACCESS
TO
INFORMATION.—In con-
ducting an assessment of a complaint or infor-
141 
mation submitted under subparagraph (A)(i), 
the Director shall have access to, and can order 
the retention of, all records, reports, audits, re-
views, documents, papers, recommendations, and 
other material necessary to determine whether a 
substantial likelihood exists that a violation of 
an order, regulation, or standard of the Agency 
or any other provision of Federal law relating to 
aviation safety may have occurred. The Director 
may order sworn testimony from appropriate 
witnesses during the course of an investigation. 
‘‘(E) PROCEDURE.—The Office shall estab-
lish procedures equivalent to sections 1213(d) 
and 1213(e) of title 5 for investigation, report, 
employee comment, and evaluation by the Sec-
retary for any investigation conducted pursuant 
to paragraph (3)(A). 
‘‘(4) RESPONSES
TO
RECOMMENDATIONS.—The 
Administrator shall— 
‘‘(A) respond within 60 days to a rec-
ommendation made by the Director under para-
graph (3)(A)(iii) in writing and retain records 
related to any further investigations or corrective 
actions taken in response to the recommendation,
142 
in accordance with established record retention 
requirements; and 
‘‘(B) ensure that the findings of all referrals 
for further investigation or corrective actions 
taken are reported to the Director. 
‘‘(5) INCIDENT REPORTS.—If the Director deter-
mines there is a substantial likelihood that a viola-
tion of an order, regulation, or standard of the Agen-
cy or any other provision of Federal law relating to 
aviation safety may have occurred that requires im-
mediate corrective action, the Director shall report the 
potential violation expeditiously to the Secretary, the 
Administrator, and the Inspector General of the De-
partment of Transportation. 
‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO 
INSPECTOR GENERAL.—If the Director has reasonable 
grounds to believe that there has been a violation of 
Federal criminal law, the Director shall report the 
violation expeditiously to the Inspector General. 
‘‘(7) RETALIATION
AGAINST
AGENCY
EMPLOY-
EES.—Any retaliatory action taken or threatened 
against an employee of the Agency for good faith par-
ticipation in activities under this subsection is pro-
hibited. The Director shall make all policy rec-
ommendations and specific requests to the Secretary
143 
for relief necessary to protect employees of the Agency 
who initiate or participate in investigations under 
this subsection. The Secretary shall respond in a 
timely manner and shall share the responses with the 
appropriate committees of Congress. 
‘‘(8) DISCIPLINARY
ACTIONS.—The Secretary 
shall exercise the Secretary’s authority under section 
2302 of title 5 for the prevention of prohibited per-
sonnel actions in any case in which the prohibited 
personnel action is taken against an employee of the 
Agency who, in good faith, has reported the possible 
existence of an activity relating to a violation of an 
order, regulation, or standard of the Agency or any 
other provision of Federal law relating to aviation 
safety. In exercising such authority, the Secretary 
may subject an employee of the Agency who has taken 
or failed to take, or threatened to take or fail to take, 
a personnel action in violation of such section to a 
disciplinary action up to and including termination. 
‘‘(9) ANNUAL REPORTS TO CONGRESS.—Not later 
than October 1 of each year, the Director shall submit 
to Congress a public report containing— 
‘‘(A) information on the number of submis-
sions of complaints and information received by
144 
the Director under paragraph (3)(A)(i) in the 
preceding 12-month period; 
‘‘(B) summaries of those submissions; 
‘‘(C) summaries of further investigations, 
corrective actions recommended, and referrals in 
response to the submissions; 
‘‘(D) summaries of the responses of the Ad-
ministrator to such recommendations; and 
‘‘(E) an evaluation of personnel and re-
sources necessary to effectively support the man-
date of the Office.’’. 
SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIA-
TIVE. 
(a) FINDINGS.—Congress finds the following: 
(1) Subsections (a) and (d) of section 40101 of 
title 49, United States Code, directs the Federal Avia-
tion Administration (in this section referred to as the 
‘‘Agency’’) to make safety its highest priority. 
(2) In 1996, to ensure that there would be no ap-
pearance of a conflict of interest for the Agency in 
carrying out its safety responsibilities, Congress 
amended section 40101(d) of such title to remove the 
responsibilities of the Agency to promote airlines. 
(3) Despite these directives from Congress re-
garding the priority of safety, the Agency issued a vi-
145 
sion statement in which it stated that it has a ‘‘vi-
sion’’ of ‘‘being responsive to our customers and ac-
countable to the public’’ and, in 2003, issued a cus-
tomer service initiative that required aviation inspec-
tors to treat air carriers and other aviation certificate 
holders as ‘‘customers’’ rather than regulated entities. 
(4) The initiatives described in paragraph (3) 
appear to have given regulated entities and Agency 
inspectors the impression that the management of the 
Agency gives an unduly high priority to the satisfac-
tion of regulated entities regarding its inspection and 
certification decisions and other lawful actions of its 
safety inspectors. 
(5) As a result of the emphasis on customer sat-
isfaction, some managers of the Agency have discour-
aged vigorous enforcement and replaced inspectors 
whose lawful actions adversely affected an air carrier. 
(b) MODIFICATION OF INITIATIVE.—Not later than 90 
days after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall modify 
the customer service initiative, mission and vision state-
ments, and other statements of policy of the Agency— 
(1) to remove any reference to air carriers or 
other entities regulated by the Agency as ‘‘customers’’;
146 
(2) to clarify that in regulating safety the only 
customers of the Agency are individuals traveling on 
aircraft; and 
(3) to clarify that air carriers and other entities 
regulated by the Agency do not have the right to select 
the employees of the Agency who will inspect their op-
erations. 
(c) SAFETY PRIORITY.—In carrying out the Adminis-
trator’s responsibilities, the Administrator shall ensure that 
safety is given a higher priority than preventing the dis-
satisfaction of an air carrier or other entity regulated by 
the Agency with an employee of the Agency. 
SEC. 333. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT 
STANDARDS INSPECTORS. 
(a) IN GENERAL.—Section 44711 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(d) POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT 
STANDARDS INSPECTORS.— 
‘‘(1) PROHIBITION.—A person holding an oper-
ating certificate issued under title 14, Code of Federal 
Regulations, may not knowingly employ, or make a 
contractual arrangement which permits, an indi-
vidual to act as an agent or representative of the cer-
tificate holder in any matter before the Federal Avia-
tion Administration (in this subsection referred to as
148 
SEC. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY IN-
SPECTORS. 
(a) IN GENERAL.—An individual serving as a prin-
cipal supervisory inspector of the Federal Aviation Admin-
istration (in this section referred to as the ‘‘Agency’’) may 
not be responsible for overseeing the operations of a single 
air carrier for a continuous period of more than 5 years. 
(b) TRANSITIONAL PROVISION.—An individual serving 
as a principal supervisory inspector of the Agency with re-
spect to an air carrier as of the date of enactment of this 
Act may be responsible for overseeing the operations of the 
carrier until the last day of the 5-year period specified in 
subsection (a) or last day of the 2-year period beginning 
on such date of enactment, whichever is later. 
(c) ISSUANCE OF ORDER.—Not later than 30 days 
after the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall issue an order 
to carry out this section. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Administrator such 
sums as may be necessary to carry out this section. 
SEC. 335. HEADQUARTERS REVIEW OF AIR TRANSPOR-
TATION OVERSIGHT SYSTEM DATABASE. 
(a) REVIEWS.—The Administrator of the Federal 
Aviation Administration shall establish a process by which 
the air transportation oversight system database of the Fed-
149 
eral Aviation Administration (in this section referred to as 
the ‘‘Agency’’) is reviewed by a team of employees of the 
Agency, including at least one employee selected by the ex-
clusive bargaining representative for aviation safety inspec-
tors, on a monthly basis to ensure that— 
(1) any trends in regulatory compliance are 
identified; and 
(2) appropriate corrective actions are taken in 
accordance with Agency regulations, advisory direc-
tives, policies, and procedures. 
(b) MONTHLY TEAM REPORTS.— 
(1) IN GENERAL.—The team of employees con-
ducting a monthly review of the air transportation 
oversight system database under subsection (a) shall 
submit to the Administrator, the Associate Adminis-
trator for Aviation Safety, and the Director of Flight 
Standards a report on the results of the review. 
(2) CONTENTS.—A report submitted under para-
graph (1) shall identify— 
(A) any trends in regulatory compliance 
discovered by the team of employees in con-
ducting the monthly review; and 
(B) any corrective actions taken or proposed 
to be taken in response to the trends.
150 
(c) QUARTERLY REPORTS TO CONGRESS.—The Ad-
ministrator, on a quarterly basis, shall submit to the Com-
mittee 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 reviews of the air transportation oversight system 
database conducted under this section, including copies of 
reports received under subsection (b). 
SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING 
SYSTEM. 
(a) VOLUNTARY DISCLOSURE REPORTING PROGRAM 
DEFINED.—In this section, the term ‘‘Voluntary Disclosure 
Reporting Program’’ means the program established by the 
Federal Aviation Administration through Advisory Cir-
cular 00–58A, dated September 8, 2006, including any sub-
sequent revisions thereto. 
(b) VERIFICATION.—The Administrator of the Federal 
Aviation Administration shall modify the Voluntary Dis-
closure Reporting Program to require inspectors to— 
(1) verify that air carriers implement com-
prehensive solutions to correct the underlying causes 
of the violations voluntarily disclosed by such air car-
riers; and 
(2) confirm, before approving a final report of a 
violation, that the violation, or another violation oc-
151 
curring under the same circumstances, has not been 
previously discovered by an inspector or self-disclosed 
by the air carrier. 
(c) SUPERVISORY REVIEW OF VOLUNTARY SELF DIS-
CLOSURES.—The Administrator shall establish a process by 
which voluntary self-disclosures received from air carriers 
are reviewed and approved by a supervisor after the initial 
review by an inspector. 
(d) INSPECTOR GENERAL STUDY.— 
(1) IN GENERAL.—The Inspector General of the 
Department of Transportation shall conduct a study 
of the Voluntary Disclosure Reporting Program. 
(2) REVIEW.—In conducting the study, the In-
spector General shall examine, at a minimum, wheth-
er— 
(A) there is evidence that voluntary disclo-
sure is resulting in regulated entities discovering 
and correcting violations to a greater extent than 
would otherwise occur if there was no program 
for immunity from enforcement action; 
(B) the voluntary disclosure program makes 
the Federal Aviation Administration (FAA) 
aware of violations that the FAA would not have 
discovered if there was not a program, and if a 
violation is disclosed voluntarily, whether the
152 
FAA insists on stronger corrective actions than 
would have occurred if the regulated entity knew 
of a violation, but FAA did not; 
(C) the information the FAA gets under the 
program leads to fewer violations by other enti-
ties, either because the information leads other 
entities to look for similar violations or because 
the information leads FAA investigators to look 
for similar violations at other entities; and 
(D) there is any evidence that voluntary 
disclosure has improved compliance with regula-
tions, either for the entities making disclosures or 
for the industry generally. 
(3) REPORT.—Not later than 1 after the date of 
enactment of this Act, the Inspector General shall sub-
mit to the Committee on Transportation and Infra-
structure of the House of Representatives and Com-
mittee on Commerce, Science, and Transportation of 
the Senate a report on the results of the study con-
ducted under this section. 
Subtitle D—Airline Safety and Pilot 
Training Improvement 
SEC. 341. SHORT TITLE. 
This subtitle may be cited as the ‘‘Airline Safety and 
Pilot Training Improvement Act of 2010’’.
153 
SEC. 342. DEFINITIONS. 
(a) DEFINITIONS.—In this subtitle, the following defi-
nitions apply: 
(1) ADVANCED
QUALIFICATION
PROGRAM.—The 
term ‘‘advanced qualification program’’ means the 
program established by the Federal Aviation Admin-
istration in Advisory Circular 120–54A, dated June 
23, 2006, including any subsequent revisions thereto. 
(2) AIR CARRIER.—The term ‘‘air carrier’’ has 
the meaning given that term in section 40102 of title 
49, United States Code. 
(3) AVIATION
SAFETY
ACTION
PROGRAM.—The 
term ‘‘aviation safety action program’’ means the 
program established by the Federal Aviation Admin-
istration in Advisory Circular 120–66B, dated No-
vember 15, 2002, including any subsequent revisions 
thereto. 
(4) FLIGHT
CREWMEMBER.—The term ‘‘flight 
crewmember’’ has the meaning given that term in 
part 1.1 of title 14, Code of Federal Regulations. 
(5) FLIGHT OPERATIONAL QUALITY ASSURANCE 
PROGRAM.—The term ‘‘flight operational quality as-
surance program’’ means the program established by 
the Federal Aviation Administration in Advisory Cir-
cular 120–82, dated April 12, 2004, including any 
subsequent revisions thereto.
154 
(6) LINE OPERATIONS SAFETY AUDIT.—The term 
‘‘line operations safety audit’’ means the procedure 
referenced by the Federal Aviation Administration in 
Advisory Circular 120–90, dated April 27, 2006, in-
cluding any subsequent revisions thereto. 
(7) PART 121 AIR CARRIER.—The term ‘‘part 121 
air carrier’’ means an air carrier that holds a certifi-
cate issued under part 121 of title 14, Code of Federal 
Regulations. 
(8) PART 135 AIR CARRIER.—The term ‘‘part 135 
air carrier’’ means an air carrier that holds a certifi-
cate issued under part 135 of title 14, Code of Federal 
Regulations. 
SEC. 343. FAA TASK FORCE ON AIR CARRIER SAFETY AND 
PILOT TRAINING. 
(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 Carrier 
Safety and Pilot Training (in this section referred to as 
the ‘‘Task Force’’). 
(b) COMPOSITION.—The Task Force shall consist of 
members appointed by the Administrator and shall include 
air carrier representatives, labor union representatives, and 
aviation safety experts with knowledge of foreign and do-
155 
mestic regulatory requirements for flight crewmember edu-
cation and training. 
(c) DUTIES.—The duties of the Task Force shall in-
clude, at a minimum, evaluating best practices in the air 
carrier industry and providing recommendations in the fol-
lowing areas: 
(1) Air carrier management responsibilities for 
flight crewmember education and support. 
(2) Flight crewmember professional standards. 
(3) Flight crewmember training standards and 
performance. 
(4) Mentoring and information sharing between 
air carriers. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, and before the last day of each 
180-day period thereafter until termination of the Task 
Force, the Task Force shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report detailing— 
(1) the progress of the Task Force in identifying 
best practices in the air carrier industry; 
(2) the progress of air carriers and labor unions 
in implementing the best practices identified by the 
Task Force;
156 
(3) recommendations of the Task Force, if any, 
for legislative or regulatory actions; 
(4) the progress of air carriers and labor unions 
in implementing training-related, nonregulatory ac-
tions recommended by the Administrator; and 
(5) the progress of air carriers in developing spe-
cific programs to share safety data and ensure imple-
mentation of the most effective safety practices. 
(e) TERMINATION.—The Task Force shall terminate on 
September 30, 2012. 
(f) APPLICABILITY
OF
FEDERAL
ADVISORY
COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Task Force. 
SEC. 344. IMPLEMENTATION OF NTSB FLIGHT CREW-
MEMBER TRAINING RECOMMENDATIONS. 
(a) RULEMAKING PROCEEDINGS.— 
(1) STALL AND UPSET RECOGNITION AND RECOV-
ERY
TRAINING.—The Administrator of the Federal 
Aviation Administration shall conduct a rulemaking 
proceeding to require part 121 air carriers to provide 
flight crewmembers with ground training and flight 
training or flight simulator training— 
(A) to recognize and avoid a stall of an air-
craft or, if not avoided, to recover from the stall; 
and
157 
(B) to recognize and avoid an upset of an 
aircraft or, if not avoided, to execute such tech-
niques as available data indicate are appro-
priate to recover from the upset in a given make, 
model, and series of aircraft. 
(2) REMEDIAL TRAINING PROGRAMS.—The Ad-
ministrator shall conduct a rulemaking proceeding to 
require part 121 air carriers to establish remedial 
training programs for flight crewmembers who have 
demonstrated performance deficiencies or experienced 
failures in the training environment. 
(3) DEADLINES.—The Administrator shall— 
(A) not later than 180 days after the date 
of enactment of this Act, issue a notice of pro-
posed rulemaking under each of paragraphs (1) 
and (2); and 
(B) not later than 24 months after the date 
of enactment of this Act, issue a final rule for the 
rulemaking under each of paragraphs (1) and 
(2). 
(b) STICK PUSHER TRAINING AND WEATHER EVENT 
TRAINING.— 
(1) MULTIDISCIPLINARY PANEL.—Not later than 
120 days after the date of enactment of this Act, the 
Administrator shall convene a multidisciplinary
158 
panel of specialists in aircraft operations, flight crew-
member training, human factors, and aviation safety 
to study and submit to the Administrator a report on 
methods to increase the familiarity of flight crew-
members with, and improve the response of flight 
crewmembers to, stick pusher systems, icing condi-
tions, and microburst and windshear weather events. 
(2) REPORT TO CONGRESS AND NTSB.—Not later 
than 1 after the date on which the Administrator con-
venes the panel, the Administrator shall— 
(A) submit to the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives, 
the 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate, and 
the National Transportation Safety Board a re-
port based on the findings of the panel; and 
(B) with respect to stick pusher systems, 
initiate appropriate actions to implement the 
recommendations of the panel. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) FLIGHT
TRAINING
AND
FLIGHT
SIMU-
LATOR.—The terms ‘‘flight training’’ and ‘‘flight sim-
ulator’’ have the meanings given those terms in part
159 
61.1 of title 14, Code of Federal Regulations (or any 
successor regulation). 
(2) STALL.—The term ‘‘stall’’ means an aero-
dynamic loss of lift caused by exceeding the critical 
angle of attack. 
(3) STICK PUSHER.—The term ‘‘stick pusher’’ 
means a device that, at or near a stall, applies a nose 
down pitch force to an aircraft’s control columns to 
attempt to decrease the aircraft’s angle of attack. 
(4) UPSET.—The term ‘‘upset’’ means an un-
usual aircraft attitude. 
SEC. 345. SECRETARY OF TRANSPORTATION RESPONSES TO 
SAFETY RECOMMENDATIONS. 
(a) IN GENERAL.—The first sentence of section 1135(a) 
of title 49, United States Code, is amended by inserting 
‘‘to the National Transportation Safety Board’’ after ‘‘shall 
give’’. 
(b) AIR CARRIER SAFETY RECOMMENDATIONS.—Sec-
tion 1135 of such title is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) ANNUAL REPORT ON AIR CARRIER SAFETY REC-
OMMENDATIONS.—
160 
‘‘(1) IN GENERAL.—The Secretary shall submit 
to Congress and the Board, on an annual basis, a re-
port on the recommendations made by the Board to 
the Secretary regarding air carrier operations con-
ducted under part 121 of title 14, Code of Federal 
Regulations. 
‘‘(2) RECOMMENDATIONS TO BE COVERED.—The 
report shall cover— 
‘‘(A) any recommendation for which the 
Secretary has developed, or intends to develop, 
procedures to adopt the recommendation or part 
of the recommendation, but has yet to complete 
the procedures; and 
‘‘(B) any recommendation for which the 
Secretary, in the preceding year, has issued a re-
sponse under subsection (a)(2) or (a)(3) refusing 
to carry out all or part of the procedures to 
adopt the recommendation. 
‘‘(3) CONTENTS.— 
‘‘(A) PLANS
TO
ADOPT
RECOMMENDA-
TIONS.—For each recommendation of the Board 
described in paragraph (2)(A), the report shall 
contain— 
‘‘(i) a description of the recommenda-
tion;
161 
‘‘(ii) a description of the procedures 
planned for adopting the recommendation 
or part of the recommendation; 
‘‘(iii) the proposed date for completing 
the procedures; and 
‘‘(iv) if the Secretary has not met a 
deadline contained in a proposed timeline 
developed in connection with the rec-
ommendation under subsection (b), an ex-
planation for not meeting the deadline. 
‘‘(B) REFUSALS TO ADOPT RECOMMENDA-
TIONS.—For each recommendation of the Board 
described in paragraph (2)(B), the report shall 
contain— 
‘‘(i) a description of the recommenda-
tion; and 
‘‘(ii) a description of the reasons for 
the refusal to carry out all or part of the 
procedures to adopt the recommendation.’’. 
SEC. 346. FAA PILOT RECORDS DATABASE. 
(a) RECORDS
OF EMPLOYMENT
OF PILOT APPLI-
CANTS.—Section 44703(h) of title 49, United States Code, 
is amended by adding at the end the following:
162 
‘‘(16) APPLICABILITY.—This subsection shall 
cease to be effective on the date specified in regula-
tions issued under subsection (i).’’. 
(b) ESTABLISHMENT OF FAA PILOT RECORDS DATA-
BASE.—Section 44703 of such title is amended— 
(1) by redesignating subsections (i) and (j) as 
subsections (j) and (k), respectively; and 
(2) by inserting after subsection (h) the fol-
lowing: 
‘‘(i) FAA PILOT RECORDS DATABASE.— 
‘‘(1) IN
GENERAL.—Before allowing an indi-
vidual to begin service as a pilot, an air carrier shall 
access and evaluate, in accordance with the require-
ments of this subsection, information pertaining to 
the individual from the pilot records database estab-
lished under paragraph (2). 
‘‘(2) PILOT RECORDS DATABASE.—The Adminis-
trator shall establish an electronic database (in this 
subsection referred to as the ‘database’) containing the 
following records: 
‘‘(A) FAA RECORDS.—From the Adminis-
trator— 
‘‘(i) records that are maintained by the 
Administrator concerning current airman 
certificates, including airman medical cer-
163 
tificates and associated type ratings and in-
formation on any limitations to those cer-
tificates and ratings; 
‘‘(ii) records that are maintained by 
the Administrator concerning any failed at-
tempt of an individual to pass a practical 
test required to obtain a certificate or type 
rating under part 61 of title 14, Code of 
Federal Regulations; and 
‘‘(iii) summaries of legal enforcement 
actions resulting in a finding by the Ad-
ministrator of a violation of this title or a 
regulation prescribed or order issued under 
this title that was not subsequently over-
turned. 
‘‘(B) AIR CARRIER AND OTHER RECORDS.— 
From any air carrier or other person (except a 
branch of the Armed Forces, the National Guard, 
or a reserve component of the Armed Forces) that 
has employed an individual as a pilot of a civil 
or public aircraft, or from the trustee in bank-
ruptcy for such air carrier or person— 
‘‘(i) records pertaining to the indi-
vidual that are maintained by the air car-
rier (other than records relating to flight
164 
time, duty time, or rest time), including 
records under regulations set forth in— 
‘‘(I) section 121.683 of title 14, 
Code of Federal Regulations; 
‘‘(II) paragraph (A) of section VI, 
appendix I, part 121 of such title; 
‘‘(III) paragraph (A) of section 
IV, appendix J, part 121 of such title; 
‘‘(IV) section 125.401 of such title; 
and 
‘‘(V) section 135.63(a)(4) of such 
title; and 
‘‘(ii) other records pertaining to the in-
dividual’s performance as a pilot that are 
maintained by the air carrier or person 
concerning— 
‘‘(I) the training, qualifications, 
proficiency, or professional competence 
of the individual, including comments 
and evaluations made by a check air-
man designated in accordance with 
section 121.411, 125.295, or 135.337 of 
such title; 
‘‘(II) any disciplinary action 
taken with respect to the individual
165 
that was not subsequently overturned; 
and 
‘‘(III) any release from employ-
ment or resignation, termination, or 
disqualification with respect to em-
ployment. 
‘‘(C) 
NATIONAL
DRIVER
REGISTER 
RECORDS.—In 
accordance 
with 
section 
30305(b)(8) of this title, from the chief driver li-
censing official of a State, information con-
cerning the motor vehicle driving record of the 
individual. 
‘‘(3) WRITTEN CONSENT; RELEASE FROM LIABIL-
ITY.—An air carrier— 
‘‘(A) shall obtain the written consent of an 
individual before accessing records pertaining to 
the individual under paragraph (1); and 
‘‘(B) may, notwithstanding any other pro-
vision of law or agreement to the contrary, re-
quire an individual with respect to whom the 
carrier is accessing records under paragraph (1) 
to execute a release from liability for any claim 
arising from accessing the records or the use of 
such records by the air carrier in accordance 
with this section (other than a claim arising
166 
from furnishing information known to be false 
and maintained in violation of a criminal stat-
ute). 
‘‘(4) REPORTING.— 
‘‘(A) REPORTING BY ADMINISTRATOR.—The 
Administrator shall enter data described in 
paragraph (2)(A) into the database promptly to 
ensure that an individual’s records are current. 
‘‘(B) REPORTING
BY
AIR
CARRIERS
AND 
OTHER PERSONS.— 
‘‘(i) IN
GENERAL.—Air carriers and 
other persons shall report data described in 
paragraphs (2)(B) and (2)(C) to the Ad-
ministrator promptly for entry into the 
database. 
‘‘(ii) DATA
TO
BE
REPORTED.—Air 
carriers and other persons shall report, at a 
minimum, under clause (i) the following 
data described in paragraph (2)(B): 
‘‘(I) Records that are generated by 
the air carrier or other person after the 
date of enactment of this paragraph. 
‘‘(II) Records that the air carrier 
or other person is maintaining, on
167 
such date of enactment, pursuant to 
subsection (h)(4). 
‘‘(5) REQUIREMENT
TO
MAINTAIN
RECORDS.— 
The Administrator— 
‘‘(A) shall maintain all records entered into 
the database under paragraph (2) pertaining to 
an individual until the date of receipt of notifi-
cation that the individual is deceased; and 
‘‘(B) may remove the individual’s records 
from the database after that date. 
‘‘(6) RECEIPT OF CONSENT.—The Administrator 
shall not permit an air carrier to access records per-
taining to an individual from the database under 
paragraph (1) without the air carrier first dem-
onstrating to the satisfaction of the Administrator 
that the air carrier has obtained the written consent 
of the individual. 
‘‘(7) RIGHT
OF
PILOT
TO
REVIEW
CERTAIN 
RECORDS
AND
CORRECT
INACCURACIES.—Notwith-
standing any other provision of law or agreement, the 
Administrator, upon receipt of written request from 
an individual— 
‘‘(A) shall make available, not later than 30 
days after the date of the request, to the indi-
168 
vidual for review all records referred to in para-
graph (2) pertaining to the individual; and 
‘‘(B) shall provide the individual with a 
reasonable opportunity to submit written com-
ments to correct any inaccuracies contained in 
the records. 
‘‘(8) REASONABLE
CHARGES
FOR
PROCESSING 
REQUESTS AND FURNISHING COPIES.—The Adminis-
trator may establish a reasonable charge for the cost 
of processing a request under paragraph (1) or (7) 
and for the cost of furnishing copies of requested 
records under paragraph (7). 
‘‘(9) PRIVACY PROTECTIONS.— 
‘‘(A) USE
OF
RECORDS.—An air carrier 
that accesses records pertaining to an individual 
under paragraph (1) may use the records only to 
assess the qualifications of the individual in de-
ciding whether or not to hire the individual as 
a pilot. The air carrier shall take such actions 
as may be necessary to protect the privacy of the 
individual and the confidentiality of the records 
accessed, including ensuring that information 
contained in the records is not divulged to any 
individual that is not directly involved in the 
hiring decision.
169 
‘‘(B) DISCLOSURE OF INFORMATION.— 
‘‘(i) IN GENERAL.—Except as provided 
by clause (ii), information collected by the 
Administrator under paragraph (2) shall be 
exempt from the disclosure requirements of 
section 552 of title 5. 
‘‘(ii) EXCEPTIONS.—Clause (i) shall 
not apply to— 
‘‘(I) de-identified, summarized in-
formation to explain the need for 
changes in policies and regulations; 
‘‘(II) information to correct a con-
dition that compromises safety; 
‘‘(III) information to carry out a 
criminal investigation or prosecution; 
‘‘(IV) information to comply with 
section 44905, regarding information 
about threats to civil aviation; and 
‘‘(V) such information as the Ad-
ministrator determines necessary, if 
withholding the information would not 
be consistent with the safety respon-
sibilities of the Federal Aviation Ad-
ministration.
170 
‘‘(10) PERIODIC
REVIEW.—Not later than 18 
months after the date of enactment of this paragraph, 
and at least once every 3 years thereafter, the Admin-
istrator shall transmit to Congress a statement that 
contains, taking into account recent developments in 
the aviation industry— 
‘‘(A) recommendations by the Administrator 
concerning proposed changes to Federal Aviation 
Administration records, air carrier records, and 
other records required to be included in the data-
base under paragraph (2); or 
‘‘(B) reasons why the Administrator does 
not recommend any proposed changes to the 
records referred to in subparagraph (A). 
‘‘(11) REGULATIONS FOR PROTECTION AND SE-
CURITY OF RECORDS.—The Administrator shall pre-
scribe such regulations as may be necessary— 
‘‘(A) to protect and secure— 
‘‘(i) the personal privacy of any indi-
vidual whose records are accessed under 
paragraph (1); and 
‘‘(ii) 
the 
confidentiality 
of 
those 
records; and
171 
‘‘(B) to preclude the further dissemination 
of records received under paragraph (1) by the 
person who accessed the records. 
‘‘(12) 
GOOD
FAITH
EXCEPTION.—Notwith-
standing paragraph (1), an air carrier may allow an 
individual to begin service as a pilot, without first 
obtaining information described in paragraph (2)(B) 
from the database pertaining to the individual, if— 
‘‘(A) the air carrier has made a documented 
good faith attempt to access the information 
from the database; and 
‘‘(B) has received written notice from the 
Administrator that the information is not con-
tained in the database because the individual 
was employed by an air carrier or other person 
that no longer exists or by a foreign government 
or other entity that has not provided the infor-
mation to the database. 
‘‘(13) LIMITATIONS ON ELECTRONIC ACCESS TO 
RECORDS.— 
‘‘(A) ACCESS BY INDIVIDUALS DESIGNATED 
BY AIR CARRIERS.—For the purpose of increas-
ing timely and efficient access to records de-
scribed in paragraph (2), the Administrator may 
allow, under terms established by the Adminis-
172 
trator, an individual designated by an air car-
rier to have electronic access to the database. 
‘‘(B) TERMS.—The terms established by the 
Administrator under subparagraph (A) for al-
lowing a designated individual to have electronic 
access to the database shall limit such access to 
instances in which information in the database 
is required by the designated individual in mak-
ing a hiring decision concerning a pilot appli-
cant and shall require that the designated indi-
vidual provide assurances satisfactory to the Ad-
ministrator that— 
‘‘(i) the designated individual has re-
ceived the written consent of the pilot appli-
cant to access the information; and 
‘‘(ii) information obtained using such 
access will not be used for any purpose 
other than making the hiring decision. 
‘‘(14) AUTHORIZED
EXPENDITURES.—Out of 
amounts appropriated under section 106(k)(1), there 
is authorized to be expended to carry out this sub-
section such sums as may be necessary for each of fis-
cal years 2010, 2011, and 2012. 
‘‘(15) REGULATIONS.—
173 
‘‘(A) IN
GENERAL.—The Administrator 
shall issue regulations to carry out this sub-
section. 
‘‘(B) EFFECTIVE
DATE.—The regulations 
shall specify the date on which the requirements 
of this subsection take effect and the date on 
which the requirements of subsection (h) cease to 
be effective. 
‘‘(C) EXCEPTIONS.—Notwithstanding sub-
paragraph (B)— 
‘‘(i) the Administrator shall begin to 
establish the database under paragraph (2) 
not later than 90 days after the date of en-
actment of this paragraph; 
‘‘(ii) the Administrator shall maintain 
records in accordance with paragraph (5) 
beginning on the date of enactment of this 
paragraph; and 
‘‘(iii) air carriers and other persons 
shall maintain records to be reported to the 
database under paragraph (4)(B) in the pe-
riod beginning on such date of enactment 
and ending on the date that is 5 years after 
the requirements of subsection (h) cease to 
be effective pursuant to subparagraph (B).
174 
‘‘(16) SPECIAL RULE.—During the one-year pe-
riod beginning on the date on which the requirements 
of this section become effective pursuant to paragraph 
(15)(B), paragraph (7)(A) shall be applied by sub-
stituting ‘45 days’ for ‘30 days’.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) LIMITATION ON LIABILITY; PREEMPTION OF 
STATE
LAW.—Section 44703(j) (as redesignated by 
subsection (b)(1) of this section) is amended— 
(A) in the subsection heading by striking 
‘‘LIMITATION’’ and inserting ‘‘LIMITATIONS’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A) by striking ‘‘paragraph (2)’’ and 
inserting ‘‘subsection (h)(2) or (i)(3)’’; 
(ii) in subparagraph (A) by inserting 
‘‘or accessing the records of that individual 
under subsection (i)(1)’’ before the semi-
colon; and 
(iii) in the matter following subpara-
graph (D) by striking ‘‘subsection (h)’’ and 
inserting ‘‘subsection (h) or (i)’’; 
(C) in paragraph (2) by striking ‘‘sub-
section (h)’’ and inserting ‘‘subsection (h) or 
(i)’’;
175 
(D) in paragraph (3), in the matter pre-
ceding subparagraph (A), by inserting ‘‘or who 
furnished information to the database established 
under 
subsection 
(i)(2)’’ 
after 
‘‘subsection 
(h)(1)’’; and 
(E) by adding at the end the following: 
‘‘(4) PROHIBITION
ON
ACTIONS
AND
PRO-
CEEDINGS AGAINST AIR CARRIERS.— 
‘‘(A) HIRING
DECISIONS.—An air carrier 
may refuse to hire an individual as a pilot if the 
individual did not provide written consent for 
the air carrier to receive records under subsection 
(h)(2)(A) or (i)(3)(A) or did not execute the re-
lease from liability requested under subsection 
(h)(2)(B) or (i)(3)(B). 
‘‘(B) ACTIONS AND PROCEEDINGS.—No ac-
tion or proceeding may be brought against an 
air carrier by or on behalf of an individual who 
has applied for or is seeking a position as a pilot 
with the air carrier if the air carrier refused to 
hire the individual after the individual did not 
provide written consent for the air carrier to re-
ceive records under subsection (h)(2)(A) or 
(i)(3)(A) or did not execute a release from liabil-
176 
ity requested under subsection (h)(2)(B) or 
(i)(3)(B).’’. 
(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Section 44703(k) (as redesignated by sub-
section (b)(1) of this section) is amended by striking 
‘‘subsection (h)’’ and inserting ‘‘subsection (h) or (i)’’. 
SEC. 347. FAA RULEMAKING ON TRAINING PROGRAMS. 
(a) COMPLETION OF RULEMAKING ON TRAINING PRO-
GRAMS.—Not later than 14 months after the date of enact-
ment of this Act, the Administrator of the Federal Aviation 
Administration shall issue a final rule with respect to the 
notice of proposed rulemaking published in the Federal Reg-
ister on January 12, 2009 (74 Fed. Reg. 1280; relating to 
training programs for flight crewmembers and aircraft dis-
patchers). 
(b) EXPERT PANEL TO REVIEW PART 121 AND PART 
135 TRAINING HOURS.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Adminis-
trator shall convene a multidisciplinary expert panel 
comprised of, at a minimum, air carrier representa-
tives, training facility representatives, instructional 
design experts, aircraft manufacturers, safety organi-
zation representatives, and labor union representa-
tives.
177 
(2) ASSESSMENT AND RECOMMENDATIONS.—The 
panel shall assess and make recommendations con-
cerning— 
(A) the best methods and optimal time need-
ed for flight crewmembers of part 121 air car-
riers and flight crewmembers of part 135 air 
carriers to master aircraft systems, maneuvers, 
procedures, take offs and landings, and crew co-
ordination; 
(B) the optimal length of time between 
training events for such crewmembers, including 
recurrent training events; 
(C) the best methods to reliably evaluate 
mastery by such crewmembers of aircraft sys-
tems, maneuvers, procedures, take offs and land-
ings, and crew coordination; and 
(D) the best methods to allow specific aca-
demic training courses to be credited pursuant to 
section 11(d) toward the total flight hours re-
quired to receive an airline transport pilot cer-
tificate. 
(3) REPORT.—Not later than 1 after the date of 
enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastruc-
ture of the House of Representatives, the Committee
178 
on Commerce, Science, and Transportation of the 
Senate, and the National Transportation Safety 
Board a report based on the findings of the panel. 
SEC. 348. AVIATION SAFETY INSPECTORS AND OPER-
ATIONAL RESEARCH ANALYSTS. 
(a) REVIEW BY DOT INSPECTOR GENERAL.—Not later 
than 9 months after the date of enactment of this Act, the 
Inspector General of the Department of Transportation 
shall conduct a review of aviation safety inspectors and 
operational research analysts of the Federal Aviation Ad-
ministration assigned to part 121 air carriers and submit 
to the Administrator of the Federal Aviation Administra-
tion a report on the results of the review. 
(b) PURPOSES.—The purpose of the review shall be, 
at a minimum— 
(1) to review the level of the Administration’s 
oversight of each part 121 air carrier; 
(2) to make recommendations to ensure that each 
part 121 air carrier is receiving an equivalent level 
of oversight; 
(3) to assess the number and level of experience 
of aviation safety inspectors assigned to such carriers; 
(4) to evaluate how the Administration is mak-
ing assignments of aviation safety inspectors to such 
carriers;
179 
(5) to review various safety inspector oversight 
programs, including the geographic inspector pro-
gram; 
(6) to evaluate the adequacy of the number of 
operational research analysts assigned to each part 
121 air carrier; 
(7) to evaluate the surveillance responsibilities of 
aviation safety inspectors, including en route inspec-
tions; 
(8) to evaluate whether inspectors are able to ef-
fectively use data sources, such as the Safety Perform-
ance Analysis System and the Air Transportation 
Oversight System, to assist in targeting oversight of 
air carriers; 
(9) to assess the feasibility of establishment by 
the Administration of a comprehensive repository of 
information that encompasses multiple Administra-
tion data sources and allowing access by aviation 
safety inspectors and operational research analysts to 
assist in the oversight of part 121 air carriers; and 
(10) to conduct such other analyses as the In-
spector General considers relevant to the purpose of 
the review. 
(c) REPORT TO CONGRESS.—Not later than 90 days 
after the date of receipt of the report submitted under sub-
180 
section (a), the Administrator shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report— 
(1) that specifies which, if any, policy changes 
recommended by the Inspector General under this sec-
tion the Administrator intends to adopt and imple-
ment; 
(2) that includes an explanation of how the Ad-
ministrator plans to adopt and implement such pol-
icy changes; and 
(3) in any case in which the Administrator does 
not intend to adopt a policy change recommended by 
the Inspector General, that includes an explanation of 
the reasons for the decision not to adopt and imple-
ment the policy change. 
SEC. 349. FLIGHT CREWMEMBER MENTORING, PROFES-
SIONAL DEVELOPMENT, AND LEADERSHIP. 
(a) RULEMAKING PROCEEDING.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall conduct a rule-
making proceeding to require each part 121 air car-
rier to take the following actions: 
(A) Establish flight crewmember mentoring 
programs under which the air carrier will pair
181 
highly experienced flight crewmembers who will 
serve as mentor pilots and be paired with newly 
employed flight crewmembers. Mentor pilots shall 
receive, at a minimum, specific instruction on 
techniques for instilling and reinforcing the 
highest standards of technical performance, 
airmanship, and professionalism in newly em-
ployed flight crewmembers. 
(B) Establish flight crewmember profes-
sional development committees made up of air 
carrier management and labor union or profes-
sional association representatives to develop, ad-
minister, and oversee formal mentoring pro-
grams of the carrier to assist flight crewmembers 
to reach their maximum potential as safe, sea-
soned, and proficient flight crewmembers. 
(C) Establish or modify training programs 
to accommodate substantially different levels and 
types of flight experience by newly employed 
flight crewmembers. 
(D) Establish or modify training programs 
for second-in-command flight crewmembers at-
tempting to qualify as pilot-in-command flight 
crewmembers for the first time in a specific air-
182 
craft type and ensure that such programs in-
clude leadership and command training. 
(E) Ensure that recurrent training for pi-
lots in command includes leadership and com-
mand training. 
(F) Such other actions as the Administrator 
determines appropriate to enhance flight crew-
member professional development. 
(2) 
COMPLIANCE
WITH
STERILE
COCKPIT 
RULE.—Leadership and command training described 
in paragraphs (1)(D) and (1)(E) shall include in-
struction on compliance with flight crewmember du-
ties under part 121.542 of title 14, Code of Federal 
Regulations. 
(3) STREAMLINED PROGRAM REVIEW.— 
(A) IN
GENERAL.—As part of the rule-
making required by subsection (a), the Adminis-
trator shall establish a streamlined process for 
part 121 air carriers that have in effect, as of 
the date of enactment of this Act, the programs 
required by paragraph (1). 
(B) EXPEDITED
APPROVALS.—Under the 
streamlined process, the Administrator shall— 
(i) review the programs of such part 
121 air carriers to determine whether the
183 
programs meet the requirements set forth in 
the final rule referred to in subsection 
(b)(2); and 
(ii) expedite the approval of the pro-
grams that the Administrator determines 
meet such requirements. 
(b) DEADLINES.—The Administrator shall issue— 
(1) not later than 180 days after the date of en-
actment of this Act, a notice of proposed rulemaking 
under subsection (a); and 
(2) not later than 24 months after such date of 
enactment, a final rule under subsection (a). 
SEC. 350. FLIGHT CREWMEMBER SCREENING AND QUALI-
FICATIONS. 
(a) REQUIREMENTS.— 
(1) RULEMAKING PROCEEDING.—The Adminis-
trator of the Federal Aviation Administration shall 
conduct a rulemaking proceeding to require part 121 
air carriers to develop and implement means and 
methods for ensuring that flight crewmembers have 
proper qualifications and experience. 
(2) MINIMUM REQUIREMENTS.— 
(A) 
PROSPECTIVE
FLIGHT
CREW-
MEMBERS.—Rules issued under paragraph (1) 
shall ensure that prospective flight crewmembers
184 
undergo comprehensive pre-employment screen-
ing, including an assessment of the skills, apti-
tudes, airmanship, and suitability of each appli-
cant for a position as a flight crewmember in 
terms of functioning effectively in the air car-
rier’s operational environment. 
(B) ALL
FLIGHT
CREWMEMBERS.—Rules 
issued under paragraph (1) shall ensure that, 
after the date that is 3 years after the date of en-
actment of this Act, all flight crewmembers— 
(i) have obtained an airline transport 
pilot certificate under part 61 of title 14, 
Code of Federal Regulations; and 
(ii) have appropriate multi-engine air-
craft flight experience, as determined by the 
Administrator. 
(b) DEADLINES.—The Administrator shall issue— 
(1) not later than 180 days after the date of en-
actment of this Act, a notice of proposed rulemaking 
under subsection (a); and 
(2) not later than 24 months after such date of 
enactment, a final rule under subsection (a). 
SEC. 351. AIRLINE TRANSPORT PILOT CERTIFICATION. 
(a) RULEMAKING PROCEEDING.—The Administrator 
of the Federal Aviation Administration shall conduct a
185 
rulemaking proceeding to amend part 61 of title 14, Code 
of Federal Regulations, to modify requirements for the 
issuance of an airline transport pilot certificate. 
(b) MINIMUM REQUIREMENTS.—To be qualified to re-
ceive an airline transport pilot certificate pursuant to sub-
section (a), an individual shall— 
(1) have sufficient flight hours, as determined by 
the Administrator, to enable a pilot to function effec-
tively in an air carrier operational environment; and 
(2) have received flight training, academic train-
ing, or operational experience that will prepare a 
pilot, at a minimum, to— 
(A) function effectively in a multipilot envi-
ronment; 
(B) function effectively in adverse weather 
conditions, including icing conditions; 
(C) function effectively during high altitude 
operations; 
(D) adhere to the highest professional stand-
ards; and 
(E) function effectively in an air carrier 
operational environment. 
(c) FLIGHT HOURS.—
186 
(1) NUMBERS
OF
FLIGHT
HOURS.—The total 
flight hours required by the Administrator under sub-
section (b)(1) shall be at least 1,500 flight hours. 
(2) FLIGHT HOURS IN DIFFICULT OPERATIONAL 
CONDITIONS.—The total flight hours required by the 
Administrator under subsection (b)(1) shall include 
sufficient flight hours, as determined by the Adminis-
trator, in difficult operational conditions that may be 
encountered by an air carrier to enable a pilot to op-
erate safely in such conditions. 
(d) CREDIT TOWARD FLIGHT HOURS.—The Adminis-
trator may allow specific academic training courses, beyond 
those required under subsection (b)(2), to be credited toward 
the total flight hours required under subsection (c). The Ad-
ministrator may allow such credit based on a determina-
tion by the Administrator that allowing a pilot to take spe-
cific academic training courses will enhance safety more 
than requiring the pilot to fully comply with the flight 
hours requirement. 
(e) RECOMMENDATIONS OF EXPERT PANEL.—In con-
ducting the rulemaking proceeding under this section, the 
Administrator shall review and consider the assessment and 
recommendations of the expert panel to review part 121 and 
part 135 training hours established by section 7(b) of this 
Act.
187 
(f) DEADLINE.—Not later than 36 months after the 
date of enactment of this Act, the Administrator shall issue 
a final rule under subsection (a). 
SEC. 352. FLIGHT SCHOOLS, FLIGHT EDUCATION, AND 
PILOT ACADEMIC TRAINING. 
(a) GAO STUDY.—The Comptroller General shall con-
duct a comprehensive study of flight schools, flight edu-
cation, and academic training requirements for certifi-
cation of an individual as a pilot. 
(b) MINIMUM CONTENTS OF STUDY.—The study shall 
include, at a minimum— 
(1) an assessment of the Federal Aviation Ad-
ministration’s oversight of flight schools; 
(2) an assessment of the Administration’s aca-
demic training requirements in effect on the date of 
enactment of this Act as compared to flight education 
provided to a pilot by accredited 2- and 4-year uni-
versities; 
(3) an assessment of the quality of pilots enter-
ing the part 121 air carrier workforce from all 
sources after receiving training from flight training 
providers, including Aviation Accreditation Board 
International, universities, pilot training organiza-
tions, and the military, utilizing the training records 
of part 121 air carriers, including consideration of
188 
any relationships between flight training providers 
and air carriers; 
(4) a comparison of the academic training re-
quirements for pilots in the United States to the aca-
demic training requirements for pilots in other coun-
tries; 
(5) a determination and description of any im-
provements that may be needed in the Administra-
tion’s academic training requirements for pilots; 
(6) an assessment of student financial aid and 
loan options available to individuals interested in en-
rolling at a flight school for both academic and flight 
hour training; 
(7) an assessment of the Federal Aviation Ad-
ministration’s oversight of general aviation flight 
schools that offer or would like to offer training pro-
grams under part 142 of title 14, Code of Federal 
Regulations; and 
(8) an assessment of whether compliance with the 
English speaking requirements applicable to pilots 
under part 61 of such title is adequately tested and 
enforced. 
(c) REPORT.—Not later than 120 days after the date 
of enactment of this Act, the Comptroller General shall sub-
mit to the Committee on Transportation and Infrastructure
189 
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. 353. VOLUNTARY SAFETY PROGRAMS. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the aviation safety 
action program, the flight operational quality assurance 
program, the line operations safety audit, and the advanced 
qualification program. 
(b) CONTENTS.—The report shall include— 
(1) a list of— 
(A) which air carriers are using one or 
more of the voluntary safety programs referred to 
in subsection (a); and 
(B) the voluntary safety programs each air 
carrier is using; 
(2) if an air carrier is not using one or more of 
the voluntary safety programs— 
(A) a list of such programs the carrier is 
not using; and
190 
(B) the reasons the carrier is not using each 
such program; 
(3) if an air carrier is using one or more of the 
voluntary safety programs, an explanation of the ben-
efits and challenges of using each such program; 
(4) a detailed analysis of how the Administra-
tion is using data derived from each of the voluntary 
safety programs as safety analysis and accident or 
incident prevention tools and a detailed plan on how 
the Administration intends to expand data analysis 
of such programs; 
(5) an explanation of— 
(A) where the data derived from such pro-
grams is stored; 
(B) how the data derived from such pro-
grams is protected and secured; and 
(C) what data analysis processes air car-
riers are implementing to ensure the effective use 
of the data derived from such programs; 
(6) a description of the extent to which aviation 
safety inspectors are able to review data derived from 
such programs to enhance their oversight responsibil-
ities; 
(7) a description of how the Administration 
plans to incorporate operational trends identified
191 
under such programs into the air transport oversight 
system and other surveillance databases so that such 
system and databases are more effectively utilized; 
(8) other plans to strengthen such programs, tak-
ing into account reviews of such programs by the In-
spector General of the Department of Transportation; 
and 
(9) such other matters as the Administrator de-
termines are appropriate. 
SEC. 354. ASAP AND FOQA IMPLEMENTATION PLAN. 
(a) DEVELOPMENT AND IMPLEMENTATION PLAN.—The 
Administrator of the Federal Aviation Administration shall 
develop and implement a plan to facilitate the establish-
ment of an aviation safety action program and a flight 
operational quality assurance program by all part 121 air 
carriers. 
(b) MATTERS TO BE CONSIDERED.—In developing the 
plan under subsection (a), the Administrator shall con-
sider— 
(1) how the Administration can assist part 121 
air carriers with smaller fleet sizes to derive benefit 
from establishing a flight operational quality assur-
ance program; 
(2) how part 121 air carriers with established 
aviation safety action and flight operational quality
192 
assurance programs can quickly begin to report data 
into the aviation safety information analysis sharing 
database; and 
(3) how part 121 air carriers and aviation safe-
ty inspectors can better utilize data from such data-
base as accident and incident prevention tools. 
(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 Science, 
Commerce, and Transportation of the Senate a copy of the 
plan developed under subsection (a) and an explanation of 
how the Administration will implement the plan. 
(d) DEADLINE FOR BEGINNING IMPLEMENTATION OF 
PLAN.—Not later than 1 after the date of enactment of this 
Act, the Administrator shall begin implementation of the 
plan developed under subsection (a). 
SEC. 355. SAFETY MANAGEMENT SYSTEMS. 
(a) RULEMAKING.—The Administrator of the Federal 
Aviation Administration shall conduct a rulemaking pro-
ceeding to require all part 121 air carriers to implement 
a safety management system. 
(b) MATTERS TO CONSIDER.—In conducting the rule-
making under subsection (a), the Administrator shall con-
193 
sider, at a minimum, including each of the following as 
a part of the safety management system: 
(1) An aviation safety action program. 
(2) A flight operational quality assurance pro-
gram. 
(3) A line operations safety audit. 
(4) An advanced qualification program. 
(c) DEADLINES.—The Administrator shall issue— 
(1) not later than 90 days after the date of en-
actment of this Act, a notice of proposed rulemaking 
under subsection (a); and 
(2) not later than 24 months after the date of en-
actment of this Act, a final rule under subsection (a). 
(d) SAFETY MANAGEMENT SYSTEM DEFINED.—In this 
section, the term ‘‘safety management system’’ means the 
program established by the Federal Aviation Administra-
tion in Advisory Circular 120–92, dated June 22, 2006, 
including any subsequent revisions thereto. 
SEC. 356. DISCLOSURE OF AIR CARRIERS OPERATING 
FLIGHTS FOR TICKETS SOLD FOR AIR TRANS-
PORTATION. 
Section 41712 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF 
TICKETS FOR FLIGHTS.—
194 
‘‘(1) IN GENERAL.—It shall be an unfair or de-
ceptive practice under subsection (a) for any ticket 
agent, air carrier, foreign air carrier, or other person 
offering to sell tickets for air transportation on a 
flight of an air carrier to not disclose, whether ver-
bally in oral communication or in writing in written 
or electronic communication, prior to the purchase of 
a ticket— 
‘‘(A) the name (including any business or 
corporate name) of the air carrier providing the 
air transportation; and 
‘‘(B) if the flight has more than one flight 
segment, the name of each air carrier providing 
the air transportation for each such flight seg-
ment. 
‘‘(2) INTERNET OFFERS.—In the case of an offer 
to sell tickets described in paragraph (1) on an Inter-
net Web site, disclosure of the information required by 
paragraph (1) shall be provided on the first display 
of the Web site following a search of a requested 
itinerary in a format that is easily visible to a view-
er.’’. 
SEC. 357. PILOT FATIGUE. 
(a) FLIGHT AND DUTY TIME REGULATIONS.—
195 
(1) IN
GENERAL.—In accordance with para-
graph (3), the Administrator of the Federal Aviation 
Administration shall issue regulations, based on the 
best available scientific information— 
(A) to specify limitations on the hours of 
flight and duty time allowed for pilots to address 
problems relating to pilot fatigue; and 
(B) to require part 121 air carriers to de-
velop and implement fatigue risk management 
plans. 
(2) MATTERS
TO
BE
ADDRESSED.—In con-
ducting the rulemaking proceeding under this sub-
section, the Administrator shall consider and review 
the following: 
(A) Time of day of flights in a duty period. 
(B) Number of takeoff and landings in a 
duty period. 
(C) Number of time zones crossed in a duty 
period. 
(D) The impact of functioning in multiple 
time zones or on different daily schedules. 
(E) Research conducted on fatigue, sleep, 
and circadian rhythms. 
(F) Sleep and rest requirements rec-
ommended by the National Transportation Safe-
196 
ty Board and the National Aeronautics and 
Space Administration. 
(G) 
International 
standards 
regarding 
flight schedules and duty periods. 
(H) Alternative procedures to facilitate 
alertness in the cockpit. 
(I) Scheduling and attendance policies and 
practices, including sick leave. 
(J) The effects of commuting, the means of 
commuting, and the length of the commute. 
(K) Medical screening and treatment. 
(L) Rest environments. 
(M) Any other matters the Administrator 
considers appropriate. 
(3) 
DEADLINES.—The 
Administrator 
shall 
issue— 
(A) not later than 180 days after the date 
of enactment of this Act, a notice of proposed 
rulemaking under subsection (a); and 
(B) not later than 1 after the date of enact-
ment of this Act, a final rule under subsection 
(a). 
(b) FATIGUE RISK MANAGEMENT PLAN.— 
(1) SUBMISSION OF FATIGUE RISK MANAGEMENT 
PLAN BY PART 121 AIR CARRIERS.—Not later than 90
197 
days after the date of enactment of this section, each 
part 121 air carrier shall submit to the Adminis-
trator for review and approval a fatigue risk manage-
ment plan. 
(2) CONTENTS OF PLAN.—A fatigue risk manage-
ment plan submitted by a part 121 air carrier under 
paragraph (1) shall include the following: 
(A) Current flight time and duty period 
limitations. 
(B) A rest scheme that enables the manage-
ment of fatigue, including annual training to in-
crease awareness of— 
(i) fatigue; 
(ii) the effects of fatigue on pilots; and 
(iii) fatigue countermeasures. 
(C) Development and use of a methodology 
that continually assesses the effectiveness of the 
program, including the ability of the program— 
(i) to improve alertness; and 
(ii) to mitigate performance errors. 
(3) PLAN
UPDATES.—A part 121 air carrier 
shall update its fatigue risk management plan under 
paragraph (1) every 2 years and submit the update 
to the Administrator for review and approval. 
(4) APPROVAL.—
198 
(A) INITIAL APPROVAL OR MODIFICATION.— 
Not later than 9 months after the date of enact-
ment of this section, the Administrator shall re-
view and approve or require modification to fa-
tigue risk management plans submitted under 
this subsection to ensure that pilots are not oper-
ating aircraft while fatigued. 
(B) UPDATE
APPROVAL
OR
MODIFICA-
TION.—Not later than 9 months after submission 
of a plan update under paragraph (3), the Ad-
ministrator shall review and approve or require 
modification to such update. 
(5) CIVIL PENALTIES.—A violation of this sub-
section by a part 121 air carrier shall be treated as 
a violation of chapter 447 of title 49, United States 
Code, for purposes of the application of civil penalties 
under chapter 463 of that title. 
(6) LIMITATION
ON
APPLICABILITY.—The re-
quirements of this subsection shall cease to apply to 
a part 121 air carrier on and after the effective date 
of the regulations to be issued under subsection (a). 
(c) EFFECT OF COMMUTING ON FATIGUE.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
shall enter into appropriate arrangements with the
199 
National Academy of Sciences to conduct a study of 
the effects of commuting on pilot fatigue and report 
its findings to the Administrator. 
(2) STUDY.—In conducting the study, the Na-
tional Academy of Sciences shall consider— 
(A) the prevalence of pilot commuting in 
the commercial air carrier industry, including 
the number and percentage of pilots who com-
mute; 
(B) information relating to commuting by 
pilots, including distances traveled, time zones 
crossed, time spent, and methods used; 
(C) research on the impact of commuting on 
pilot fatigue, sleep, and circadian rhythms; 
(D) commuting policies of commercial air 
carriers (including passenger and all-cargo air 
carriers), including pilot check-in requirements 
and sick leave and fatigue policies; 
(E) post-conference materials from the Fed-
eral Aviation Administration’s June 2008 sym-
posium entitled ‘‘Aviation Fatigue Management 
Symposium: Partnerships for Solutions’’; 
(F) Federal Aviation Administration and 
international policies and guidance regarding 
commuting; and
200 
(G) any other matters as the Administrator 
considers appropriate. 
(3) PRELIMINARY FINDINGS.—Not later than 90 
days after the date of entering into arrangements 
under paragraph (1), the National Academy of 
Sciences shall submit to the Administrator its pre-
liminary findings under the study. 
(4) REPORT.—Not later than 6 months after the 
date of entering into arrangements under paragraph 
(1), the National Academy of Sciences shall submit to 
the Administrator a report containing its findings 
under the study and any recommendations for regu-
latory or administrative actions by the Federal Avia-
tion Administration concerning commuting by pilots. 
(5) RULEMAKING.—Following receipt of the re-
port of the National Academy of Sciences under para-
graph (4), the Administrator shall— 
(A) consider the findings and recommenda-
tions in the report; and 
(B) update, as appropriate based on sci-
entific data, regulations required by subsection 
(a) on flight and duty time. 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums as 
may be necessary to carry out this subsection.
201 
SEC. 358. FLIGHT CREWMEMBER PAIRING AND CREW RE-
SOURCE MANAGEMENT TECHNIQUES. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on aviation in-
dustry best practices with regard to flight crewmember 
pairing and crew resource management techniques. 
(b) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Administrator shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the study. 
TITLE IV—AIR SERVICE 
IMPROVEMENTS 
SEC. 401. SMOKING PROHIBITION. 
(a) IN GENERAL.—Section 41706 is amended— 
(1) in the section heading by striking ‘‘sched-
uled’’ and inserting ‘‘passenger’’; and 
(2) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) SMOKING PROHIBITION
IN INTRASTATE
AND 
INTERSTATE TRANSPORTATION BY AIRCRAFT.—An indi-
vidual may not smoke in an aircraft— 
‘‘(1) in scheduled passenger interstate air trans-
portation or scheduled passenger intrastate air trans-
portation; and
202 
‘‘(2) in nonscheduled intrastate or interstate 
transportation of passengers by aircraft for compensa-
tion, if a flight attendant is a required crewmember 
on the aircraft (as determined by the Administrator 
of the Federal Aviation Administration). 
‘‘(b) SMOKING PROHIBITION IN FOREIGN AIR TRANS-
PORTATION.—The Secretary of Transportation shall require 
all air carriers and foreign air carriers to prohibit smoking 
in an aircraft— 
‘‘(1) in scheduled passenger foreign air transpor-
tation; and 
‘‘(2) in nonscheduled passenger foreign air trans-
portation, if a flight attendant is a required crew-
member on the aircraft (as determined by the Admin-
istrator or a foreign government).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
417 is amended by striking the item relating to section 
41706 and inserting the following: 
‘‘41706. Prohibitions against smoking on flights.’’. 
SEC. 402. MONTHLY AIR CARRIER REPORTS. 
(a) IN GENERAL.—Section 41708 is amended by add-
ing at the end the following: 
‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— 
‘‘(1) MONTHLY REPORTS.—The Secretary shall 
require an air carrier referred to in paragraph (2) to 
file with the Secretary a monthly report on each flight
203 
of the air carrier that is diverted from its scheduled 
destination to another airport and each flight of the 
air carrier that departs the gate at the airport at 
which the flight originates but is cancelled before 
wheels-off time. 
‘‘(2) APPLICABILITY.—An air carrier that is re-
quired to file a monthly airline service quality per-
formance report under subsection (b) shall be subject 
to the requirement of paragraph (1). 
‘‘(3) CONTENTS.—A monthly report filed by an 
air carrier under paragraph (1) shall include, at a 
minimum, the following information: 
‘‘(A) For a diverted flight— 
‘‘(i) the flight number of the diverted 
flight; 
‘‘(ii) the scheduled destination of the 
flight; 
‘‘(iii) the date and time of the flight; 
‘‘(iv) the airport to which the flight 
was diverted; 
‘‘(v) wheels-on time at the diverted air-
port; 
‘‘(vi) the time, if any, passengers 
deplaned the aircraft at the diverted air-
port; and
204 
‘‘(vii) if the flight arrives at the sched-
uled destination airport— 
‘‘(I) the gate-departure time at the 
diverted airport; 
‘‘(II) the wheels-off time at the di-
verted airport; 
‘‘(III) the wheels-on time at the 
scheduled arrival airport; and 
‘‘(IV) the gate arrival time at the 
scheduled arrival airport. 
‘‘(B) For flights cancelled after gate depar-
ture— 
‘‘(i) the flight number of the cancelled 
flight; 
‘‘(ii) the scheduled origin and destina-
tion airports of the cancelled flight; 
‘‘(iii) the date and time of the can-
celled flight; 
‘‘(iv) the gate-departure time of the 
cancelled flight; and 
‘‘(v) the time the aircraft returned to 
the gate. 
‘‘(4) PUBLICATION.—The Secretary shall compile 
the information provided in the monthly reports filed 
pursuant to paragraph (1) in a single monthly report
205 
and publish such report on the website of the Depart-
ment of Transportation.’’. 
(b) EFFECTIVE DATE.—The Secretary of Transpor-
tation shall require monthly reports pursuant to the amend-
ment made by subsection (a) beginning not later than 90 
days after the date of enactment of this Act. 
SEC. 403. FLIGHT OPERATIONS AT REAGAN NATIONAL AIR-
PORT. 
(a) 
BEYOND
PERIMETER
EXEMPTIONS.—Section 
41718(a) is amended by striking ‘‘24’’ and inserting ‘‘34’’. 
(b) LIMITATIONS.—Section 41718(c)(2) is amended by 
striking ‘‘3 operations’’ and inserting ‘‘5 operations’’. 
(c) ALLOCATION
OF
BEYOND-PERIMETER
EXEMP-
TIONS.—Section 41718(c) is amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) SLOTS.—The Administrator of the Federal 
Aviation Administration shall reduce the hourly air 
carrier slot quota for Ronald Reagan Washington Na-
tional Airport in section 93.123(a) of title 14, Code 
of Federal Regulations, by a total of 10 slots that are 
available for allocation. Such reductions shall be 
taken in the 6:00 a.m., 10:00 p.m., or 11:00 p.m.
206 
hours, as determined by the Administrator, in order 
to grant exemptions under subsection (a).’’. 
(d) SCHEDULING PRIORITY.—Section 41718 is amend-
ed— 
(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) SCHEDULING PRIORITY.—Operations conducted 
by new entrant air carriers and limited incumbent air car-
riers shall be afforded a scheduling priority over operations 
conducted by other air carriers granted exemptions pursu-
ant to this section, with the highest scheduling priority to 
be afforded to beyond-perimeter operations conducted by 
new entrant air carriers and limited incumbent air car-
riers.’’. 
SEC. 404. EAS CONTRACT GUIDELINES. 
(a) 
COMPENSATION
GUIDELINES.—Section 
41737(a)(1) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (B); 
(2) in subparagraph (C) by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following:
207 
‘‘(D) include provisions under which the Sec-
retary may encourage an air carrier to improve air 
service for which compensation is being paid under 
this subchapter by incorporating financial incentives 
in an essential air service contract based on specified 
performance goals, including goals related to improv-
ing on-time performance, reducing the number of 
flight cancellations, establishing reasonable fares (in-
cluding joint fares beyond the hub airport), estab-
lishing convenient connections to flights providing 
service beyond hub airports, and increasing mar-
keting efforts; and 
‘‘(E) include provisions under which the Sec-
retary may execute a long-term essential air service 
contract to encourage an air carrier to provide air 
service to an eligible place if it would be in the public 
interest to do so.’’. 
(b) DEADLINE
FOR ISSUANCE
OF REVISED GUID-
ANCE.—Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall issue re-
vised guidelines governing the rate of compensation payable 
under subchapter II of chapter 417 of title 49, United States 
Code, that incorporate the amendments made by subsection 
(a).
208 
(c) REPORT.—Not later than 2 years after the date of 
issuance of revised guidelines pursuant to subsection (b), 
the Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the extent to which the 
revised guidelines have been implemented and the impact, 
if any, such implementation has had on air carrier per-
formance and community satisfaction with air service for 
which compensation is being paid under subchapter II of 
chapter 417 of title 49, United States Code. 
SEC. 405. ESSENTIAL AIR SERVICE REFORM. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
41742(a)(2) of title 49, United States Code, is amended by 
striking 
‘‘there 
is 
authorized 
to 
be 
appropriated 
$77,000,000’’ and inserting ‘‘there is authorized to be ap-
propriated out of the Airport and Airway Trust Fund 
$150,000,000’’. 
(b) DISTRIBUTION OF EXCESS FUNDS.— 
(1) IN GENERAL.—Section 41742(a) is amended 
by adding at the end the following: 
‘‘(4) DISTRIBUTION OF EXCESS FUNDS.—Of the 
funds, if any, credited to the account established 
under section 45303 in a fiscal year that exceed the
209 
$50,000,000 made available for such fiscal year under 
paragraph (1)— 
‘‘(A) one-half shall be made available imme-
diately for obligation and expenditure to carry 
out section 41743; and 
‘‘(B) one-half shall be made available imme-
diately for obligation and expenditure to carry 
out subsection (b).’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
41742(b) is amended— 
(A) in the first sentence by striking ‘‘mon-
eys credited’’ and all that follows before ‘‘shall be 
used’’ and inserting ‘‘amounts made available 
under subsection (a)(4)(B)’’; and 
(B) in the second sentence by striking ‘‘any 
amounts from those fees’’ and inserting ‘‘any of 
such amounts’’. 
SEC. 406. SMALL COMMUNITY AIR SERVICE. 
(a) PRIORITIES.—Section 41743(c)(5) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) in subparagraph (E) by striking ‘‘fashion.’’ 
and inserting ‘‘fashion; and’’; and 
(3) by adding at the end the following:
210 
‘‘(F) multiple communities cooperate to sub-
mit a regional or multistate application to im-
prove air service.’’. 
(b) 
EXTENSION
OF
AUTHORIZATION.—Section 
41743(e)(2) is amended by striking ‘‘2009’’ and inserting 
‘‘2012’’. 
SEC. 407. AIR PASSENGER SERVICE IMPROVEMENTS. 
(a) IN GENERAL.—Subtitle VII is amended by insert-
ing after chapter 421 the following: 
‘‘CHAPTER 423—AIR PASSENGER SERVICE 
IMPROVEMENTS 
‘‘Sec. 
‘‘42301. Emergency contingency plans. 
‘‘42302. Consumer complaints. 
‘‘42303. Use of insecticides in passenger aircraft. 
‘‘42304. Notification of flight status by text message or email. 
‘‘§ 42301. Emergency contingency plans 
‘‘(a) SUBMISSION
OF AIR CARRIER
AND AIRPORT 
PLANS.—Not later than 90 days after the date of enactment 
of this section, each air carrier providing covered air trans-
portation at a large hub airport or medium hub airport 
and each operator of a large hub airport or medium hub 
airport shall submit to the Secretary of Transportation for 
review and approval an emergency contingency plan in ac-
cordance with the requirements of this section. 
‘‘(b) COVERED AIR TRANSPORTATION DEFINED.—In 
this section, the term ‘covered air transportation’ means
211 
scheduled passenger air transportation provided by an air 
carrier using aircraft with more than 30 seats. 
‘‘(c) AIR CARRIER PLANS.— 
‘‘(1) PLANS FOR INDIVIDUAL AIRPORTS.—An air 
carrier shall submit an emergency contingency plan 
under subsection (a) for— 
‘‘(A) each large hub airport and medium 
hub airport at which the carrier provides covered 
air transportation; and 
‘‘(B) each large hub airport and medium 
hub airport at which the carrier has flights for 
which it has primary responsibility for inven-
tory control. 
‘‘(2) CONTENTS.—An emergency contingency 
plan submitted by an air carrier for an airport under 
subsection (a) shall contain a description of how the 
air carrier will— 
‘‘(A) provide food, water that meets the 
standards of the Safe Drinking Water Act (42 
U.S.C. 300f et seq.), restroom facilities, cabin 
ventilation, and access to medical treatment for 
passengers onboard an aircraft at the airport 
that is on the ground for an extended period of 
time without access to the terminal;
212 
‘‘(B) allow passengers to deplane following 
excessive delays; and 
‘‘(C) share facilities and make gates avail-
able at the airport in an emergency. 
‘‘(d) AIRPORT PLANS.—An emergency contingency 
plan submitted by an airport operator under subsection (a) 
shall contain— 
‘‘(1) a description of how the airport operator, to 
the maximum extent practicable, will provide for the 
deplanement of passengers following excessive delays 
and will provide for the sharing of facilities and 
make gates available at the airport in an emergency; 
and 
‘‘(2) in the case of an airport that is used by an 
air carrier or foreign air carrier for flights in foreign 
air transportation, a description of how the airport 
operator will provide for use of the airport’s terminal, 
to the maximum extent practicable, for the processing 
of passengers arriving at the airport on such a flight 
in the case of an excessive tarmac delay. 
‘‘(e) UPDATES.— 
‘‘(1) AIR CARRIERS.—An air carrier shall up-
date the emergency contingency plan submitted by the 
air carrier under subsection (a) every 3 years and
213 
submit the update to the Secretary for review and ap-
proval. 
‘‘(2) AIRPORTS.—An airport operator shall up-
date the emergency contingency plan submitted by the 
airport operator under subsection (a) every 5 years 
and submit the update to the Secretary for review 
and approval. 
‘‘(f) APPROVAL.— 
‘‘(1) IN
GENERAL.—Not later than 9 months 
after the date of enactment of this section, the Sec-
retary shall review and approve or require modifica-
tions to emergency contingency plans submitted under 
subsection (a) and updates submitted under sub-
section (e) to ensure that the plans and updates will 
effectively address emergencies and provide for the 
health and safety of passengers. 
‘‘(2) CIVIL PENALTIES.—The Secretary may as-
sess a civil penalty under section 46301 against an 
air carrier or airport that does not adhere to an 
emergency contingency plan approved under this sub-
section. 
‘‘(g) MINIMUM STANDARDS.—The Secretary may es-
tablish, as necessary or desirable, minimum standards for 
elements in an emergency contingency plan required to be 
submitted under this section.
214 
‘‘(h) PUBLIC ACCESS.—An air carrier or airport re-
quired to submit emergency contingency plans under this 
section shall ensure public access to such plan after its ap-
proval under this section on the Internet website of the car-
rier or airport or by such other means as determined by 
the Secretary. 
‘‘§ 42302. Consumer complaints 
‘‘(a) CONSUMER COMPLAINTS HOTLINE TELEPHONE 
NUMBER.—The Secretary of Transportation shall establish 
a consumer complaints hotline telephone number for the use 
of passengers in air transportation. 
‘‘(b) PUBLIC NOTICE.—The Secretary shall notify the 
public of the telephone number established under subsection 
(a). 
‘‘(c) NOTICE TO PASSENGERS OF AIR CARRIERS.—An 
air carrier providing scheduled air transportation using 
aircraft with 30 or more seats shall include on the Internet 
Web site of the carrier and on any ticket confirmation and 
boarding pass issued by the air carrier— 
‘‘(1) the hotline telephone number established 
under subsection (a); 
‘‘(2) the email address, telephone number, and 
mailing address of the air carrier; and 
‘‘(3) the email address, telephone number, and 
mailing address of the Aviation Consumer Protection
215 
Division of the Department of Transportation for the 
submission of reports by passengers about air travel 
service problems. 
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be nec-
essary to carry out this section. Such sums shall remain 
available until expended. 
‘‘§ 42303. Use of insecticides in passenger aircraft 
‘‘(a) INFORMATION TO BE PROVIDED ON THE INTER-
NET.—The Secretary of Transportation shall establish, and 
make available to the general public, an Internet Web site 
that contains a listing of countries that may require an 
air carrier or foreign air carrier to treat an aircraft pas-
senger cabin with insecticides prior to a flight in foreign 
air transportation to that country or to apply an aerosol 
insecticide in an aircraft cabin used for such a flight when 
the cabin is occupied with passengers. 
‘‘(b) REQUIRED DISCLOSURES.—An air carrier, for-
eign air carrier, or ticket agent selling, in the United 
States, a ticket for a flight in foreign air transportation 
to a country listed on the Internet Web site established 
under subsection (a) shall— 
‘‘(1) disclose, on its own Internet Web site or 
through other means, that the destination country 
may require the air carrier or foreign air carrier to
216 
treat an aircraft passenger cabin with insecticides 
prior to the flight or to apply an aerosol insecticide 
in an aircraft cabin used for such a flight when the 
cabin is occupied with passengers; and 
‘‘(2) refer the purchaser of the ticket to the Inter-
net Web site established under subsection (a) for addi-
tional information. 
‘‘§ 42304. Notification of flight status by text message 
or email 
‘‘Not later than 180 days after the date of enactment 
of this section, the Secretary of Transportation shall issue 
regulations to require that each air carrier that has at least 
1 percent of total domestic scheduled-service passenger rev-
enue provide each passenger of the carrier— 
‘‘(1) an option to receive a text message or email 
or any other comparable electronic service, subject to 
any fees applicable under the contract of the pas-
senger for the electronic service, from the air carrier 
a notification of any change in the status of the flight 
of the passenger whenever the flight status is changed 
before the boarding process for the flight commences; 
and 
‘‘(2) the notification if the passenger requests the 
notification.’’.
217 
(b) CLERICAL AMENDMENT.—The analysis for subtitle 
VII is amended by inserting after the item relating to chap-
ter 421 the following: 
‘‘423. Air Passenger Service Improvements ................................................... 42301’’. 
(c) PENALTIES.—Section 46301 is amended in sub-
sections (a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 423,’’ 
after ‘‘chapter 421,’’. 
(d) APPLICABILITY OF REQUIREMENTS.—Except as 
otherwise specifically provided, the requirements of chapter 
423 of title 49, United States Code, as added by this section, 
shall begin to apply 60 days after the date of enactment 
of this Act. 
SEC. 408. CONTENTS OF COMPETITION PLANS. 
Section 47106(f)(2) is amended— 
(1) by striking ‘‘patterns of air service,’’; 
(2) by inserting ‘‘and’’ before ‘‘whether’’; and 
(3) by striking ‘‘, and airfare levels’’ and all that 
follows before the period. 
SEC. 409. EXTENSION OF COMPETITIVE ACCESS REPORTS. 
Section 47107(s)(3) is amended by striking ‘‘October 
1, 2009’’ and inserting ‘‘September 30, 2012’’. 
SEC. 410. CONTRACT TOWER PROGRAM. 
(a) COST-BENEFIT REQUIREMENT.—Section 47124(b) 
is amended— 
(1) by striking ‘‘(1) The Secretary’’ and insert-
ing the following:
218 
‘‘(1) CONTRACT TOWER PROGRAM.— 
‘‘(A) CONTINUATION AND EXTENSION.—The 
Secretary’’; 
(2) by adding at the end of paragraph (1) the 
following: 
‘‘(B) SPECIAL RULE.—If the Secretary de-
termines that a tower already operating under 
the program continued under this paragraph has 
a benefit to cost ratio of less than 1.0, the airport 
sponsor or State or local government having ju-
risdiction over the airport shall not be required 
to pay the portion of the costs that exceeds the 
benefit for a period of 18 months after such de-
termination is made. 
‘‘(C) USE OF EXCESS FUNDS.—If the Sec-
retary finds that all or part of an amount made 
available to carry out the program continued 
under this paragraph is not required during a 
fiscal year, the Secretary may use, during such 
fiscal year, the amount not so required to carry 
out the program established under paragraph 
(3).’’; and 
(3) by striking ‘‘(2) The Secretary’’ and insert-
ing the following: 
‘‘(2) GENERAL AUTHORITY.—The Secretary’’.
219 
(b) Section 47124(b)(3)(E) is amended to read as fol-
lows: 
‘‘(E) FUNDING.—Of the amounts appro-
priated pursuant to section 106(k), not more 
than 
$9,500,000 
for 
fiscal 
year 
2010, 
$10,000,000 
for 
fiscal 
year 
2011, 
and 
$10,000,000 for fiscal year 2012 may be used to 
carry out this paragraph.’’. 
(c) USE OF EXCESS FUNDS.—Section 47124(b)(3) is 
amended— 
(1) by redesignating subparagraph (E) (as 
amended by subsection (b) of this section) as subpara-
graph (F); and 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) USE OF EXCESS FUNDS.—If the Sec-
retary finds that all or part of an amount made 
available under this subparagraph is not re-
quired during a fiscal year to carry out this 
paragraph, the Secretary may use, during such 
fiscal year, the amount not so required to carry 
out the program continued under paragraph 
(1).’’.
220 
(d) FEDERAL
SHARE.—Section 47124(b)(4)(C) is 
amended 
by 
striking 
‘‘$1,500,000’’ 
and 
inserting 
‘‘$2,000,000’’. 
(e) SAFETY AUDITS.—Section 47124 is amended by 
adding at the end the following: 
‘‘(c) SAFETY AUDITS.—The Secretary shall establish 
uniform standards and requirements for safety assessments 
of air traffic control towers that receive funding under this 
section.’’. 
SEC. 411. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 
(a) FINDINGS.—Congress finds that— 
(1) the Armed Forces is comprised of approxi-
mately 1,400,000 members who are stationed on ac-
tive duty at more than 6,000 military bases in 146 
different countries; 
(2) the United States is indebted to the members 
of the Armed Forces, many of whom are in grave 
danger due to their engagement in, or exposure to, 
combat; 
(3) military service, especially in the current 
war against terrorism, often requires members of the 
Armed Forces to be separated from their families on 
short notice, for long periods of time, and under very 
stressful conditions;
221 
(4) the unique demands of military service often 
preclude members of the Armed Forces from pur-
chasing discounted advance airline tickets in order to 
visit their loved ones at home and require members of 
the Armed Forces to travel with heavy bags; and 
(5) it is the patriotic duty of the people of the 
United States to support the members of the Armed 
Forces who are defending the Nation’s interests 
around the world at great personal sacrifice. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that each United States air carrier should— 
(1) establish for all members of the Armed Forces 
on active duty reduced air fares that are comparable 
to the lowest airfare for ticketed flights; and 
(2) offer flexible terms that allow members of the 
Armed Forces on active duty to purchase, modify, or 
cancel tickets without time restrictions, fees, and pen-
alties and waive baggage fees for a minimum of 3 
bags. 
SEC. 412. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR-
TICIPATION PROGRAM. 
(a) REPEAL.—Section 41747 of title 49, United States 
Code, and the item relating to such section in the analysis 
for chapter 417 of such title, are repealed.
222 
(b) APPLICABILITY.—Title 49, United States Code, 
shall be applied as if section 41747 of such title had not 
been enacted. 
SEC. 413. ADJUSTMENT TO SUBSIDY CAP TO REFLECT IN-
CREASED FUEL COSTS. 
(a) IN GENERAL.—The $200 per passenger subsidy 
cap initially established by Public Law 103–122 (107 Stat. 
1198; 1201) and made permanent by section 332 of Public 
Law 106–69 (113 Stat. 1022) shall be increased by an 
amount necessary to account for the increase, if any, in 
the cost of aviation fuel in the 24 months preceding the date 
of enactment of this Act, as determined by the Secretary. 
(b) ADJUSTMENT OF CAP.—Not later than 60 days 
after the date of enactment of this Act, the Secretary shall 
publish in the Federal Register the increased subsidy cap 
as an interim final rule, pursuant to which public comment 
will be sought and a final rule issued. 
(c) LIMITATION ON ELIGIBILITY.—A community that 
has been determined, pursuant to a final order issued by 
the Department of Transportation before the date of enact-
ment of this Act, to be ineligible for subsidized air service 
under subchapter II of chapter 417 of title 49, United States 
Code, shall not be eligible for the increased subsidy cap es-
tablished pursuant to this section.
223 
SEC. 414. NOTICE TO COMMUNITIES PRIOR TO TERMI-
NATION OF ELIGIBILITY FOR SUBSIDIZED ES-
SENTIAL AIR SERVICE. 
Section 41733 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(f) NOTICE
TO COMMUNITIES PRIOR
TO TERMI-
NATION OF ELIGIBILITY.— 
‘‘(1) IN GENERAL.—The Secretary shall notify 
each community receiving basic essential air service 
for which compensation is being paid under this sub-
chapter on or before the 45th day before issuing any 
final decision to end the payment of such compensa-
tion due to a determination by the Secretary that 
providing such service requires a rate of subsidy per 
passenger in excess of the subsidy cap. 
‘‘(2) PROCEDURES
TO
AVOID
TERMINATION.— 
The Secretary shall establish, by order, procedures by 
which each community notified of an impending loss 
of subsidy under paragraph (1) may work directly 
with an air carrier to ensure that the air carrier is 
able to submit a proposal to the Secretary to provide 
essential air service to such community for an 
amount of compensation that would not exceed the 
subsidy cap.
224 
‘‘(3) ASSISTANCE
PROVIDED.—The Secretary 
shall provide, by order, to each community notified 
under paragraph (1) information regarding— 
‘‘(A) the procedures established pursuant to 
paragraph (2); and 
‘‘(B) the maximum amount of compensation 
that could be provided under this subchapter to 
an air carrier serving such community that 
would comply with the subsidy cap. 
‘‘(4) SUBSIDY CAP DEFINED.—In this subsection, 
the term ‘subsidy cap’ means the subsidy cap estab-
lished by section 332 of Public Law 106–69, includ-
ing any increase to that subsidy cap established by 
the Secretary pursuant to the Aviation Safety and 
Investment Act of 2010.’’. 
SEC. 415. RESTORATION OF ELIGIBILITY TO A PLACE DE-
TERMINED BY THE SECRETARY TO BE INELI-
GIBLE FOR SUBSIDIZED ESSENTIAL AIR SERV-
ICE. 
Section 41733 (as amended by section 413 of this Act) 
is further amended by adding at the end the following: 
‘‘(g) PROPOSALS OF STATE AND LOCAL GOVERNMENTS 
TO RESTORE ELIGIBILITY.— 
‘‘(1) IN GENERAL.—If the Secretary, after the 
date of enactment of this subsection, ends payment of
225 
compensation to an air carrier for providing basic es-
sential air service to an eligible place because the Sec-
retary has determined that providing such service re-
quires a rate of subsidy per passenger in excess of the 
subsidy cap (as defined in subsection (f)), a State or 
local government may submit to the Secretary a pro-
posal for restoring compensation for such service. 
Such proposal shall be a joint proposal of the State 
or local government and an air carrier. 
‘‘(2) DETERMINATION
BY
SECRETARY.—If a 
State or local government submits to the Secretary a 
proposal under paragraph (1) with respect to an eli-
gible place, and the Secretary determines that— 
‘‘(A) the rate of subsidy per passenger under 
the proposal does not exceed the subsidy cap (as 
defined in subsection (f)); and 
‘‘(B) the proposal is consistent with the 
legal and regulatory requirements of the essential 
air service program, 
the Secretary shall issue an order restoring the eligi-
bility of the otherwise eligible place to receive basic es-
sential air service by an air carrier for compensation 
under subsection (c).’’.
226 
SEC. 416. OFFICE OF RURAL AVIATION. 
(a) IN GENERAL.—Subchapter II of chapter 417 is 
amended by adding at the end the following: 
‘‘§ 41749. Office of Rural Aviation 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish within the Department of Transpor-
tation an office to be known as the ‘Office of Rural Avia-
tion’ (in this section referred to as the ‘Office’). 
‘‘(b) FUNCTIONS.—The Office shall— 
‘‘(1) monitor the status of air service to small 
communities; 
‘‘(2) develop proposals to improve air service to 
small communities; and 
‘‘(3) carry out such other functions as the Sec-
retary considers appropriate.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 417 is amended by adding at the end 
the following: 
‘‘41749. Office of Rural Aviation.’’. 
SEC. 417. ADJUSTMENTS TO COMPENSATION FOR SIGNIFI-
CANTLY INCREASED COSTS. 
(a) EMERGENCY ACROSS-THE-BOARD ADJUSTMENT.— 
Subject to the availability of funds, the Secretary may in-
crease the rates of compensation payable to air carriers 
under subchapter II of chapter 417 of title 49, United States 
Code, to compensate such carriers for increased aviation
227 
fuel costs, without regard to any agreement or requirement 
relating to the renegotiation of contracts or any notice re-
quirement under section 41734 of such title. 
(b) EXPEDITED PROCESS FOR ADJUSTMENTS TO INDI-
VIDUAL CONTRACTS.— 
(1) IN GENERAL.—Section 41734(d) of title 49, 
United States Code, is amended by striking ‘‘continue 
to pay’’ and all that follows through ‘‘compensation 
sufficient—’’ and inserting ‘‘provide the carrier with 
compensation sufficient—’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall apply to compensation to air car-
riers for air service provided after the 30th day fol-
lowing the date of enactment of this Act. 
SEC. 418. REVIEW OF AIR CARRIER FLIGHT DELAYS, CAN-
CELLATIONS, AND ASSOCIATED CAUSES. 
(a) REVIEW.—The Inspector General of the Depart-
ment of Transportation shall conduct a review regarding 
air carrier flight delays, cancellations, and associated 
causes to update its 2000 report numbered CR–2000–112 
and entitled ‘‘Audit of Air Carrier Flight Delays and Can-
cellations’’. 
(b) ASSESSMENTS.—In conducting the review under 
subsection (a), the Inspector General shall assess—
228 
(1) the need for an update on delay and can-
cellation statistics, such as number of chronically de-
layed flights and taxi-in and taxi-out times; 
(2) air carriers’ scheduling practices; 
(3) the need for a re-examination of capacity 
benchmarks at the Nation’s busiest airports; 
(4) the impact of flight delays and cancellations 
on air travelers, including recommendations for pro-
grams that could be implemented to address the im-
pact of flight delays on air travelers; and 
(5) the effect that limited air carrier service op-
tions on routes have on the frequency of delays and 
cancellations on such routes. 
(c) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Inspector General shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the review conducted under this section, including 
the assessments described in subsection (b). 
SEC. 419. EUROPEAN UNION RULES FOR PASSENGER 
RIGHTS. 
(a) IN GENERAL.—The Comptroller General shall con-
duct a study to evaluate and compare the regulations of 
the European Union and the United States on compensa-
229 
tion and other consideration offered to passengers who are 
denied boarding or whose flights are cancelled or delayed. 
(b) SPECIFIC STUDY REQUIREMENTS.—The study 
shall include an evaluation and comparison of the regula-
tions based on costs to the air carriers, preferences of pas-
sengers for compensation or other consideration, and forms 
of compensation. In conducting the study, the Comptroller 
General shall also take into account the differences in struc-
ture and size of the aviation systems of the European Union 
and the United States. 
(c) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Comptroller General shall submit a 
report to Congress on the results of the study. 
SEC. 420. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 
AVIATION CONSUMER PROTECTION. 
(a) IN GENERAL.—The Secretary of Transportation 
shall establish an advisory committee for aviation consumer 
protection (in this section referred to as the ‘‘advisory com-
mittee’’) to advise the Secretary in carrying out air pas-
senger service improvements, including those required by 
chapter 423 of title 49, United States Code. 
(b) MEMBERSHIP.—The Secretary shall appoint 8 
members to the advisory committee as follows:
230 
(1) Two representatives of air carriers required 
to submit emergency contingency plans pursuant to 
section 42301 of title 49, United States Code. 
(2) Two representatives of the airport operators 
required to submit emergency contingency plans pur-
suant to section 42301 of such title. 
(3) Two representatives of State and local gov-
ernments who have expertise in aviation consumer 
protection matters. 
(4) Two representatives of nonprofit public inter-
est groups who have expertise in aviation consumer 
protection matters. 
(c) VACANCIES.—A vacancy in the advisory committee 
shall be filled in the manner in which the original appoint-
ment was made. 
(d) TRAVEL EXPENSES.—Members of the advisory 
committee shall serve without pay but shall receive travel 
expenses, including per diem in lieu of subsistence, in ac-
cordance with subchapter I of chapter 57 of title 5, United 
States Code. 
(e) CHAIRPERSON.—The Secretary shall designate, 
from among the individuals appointed under subsection (b), 
an individual to serve as chairperson of the advisory com-
mittee.
231 
(f) DUTIES.—The duties of the advisory committee 
shall include the following: 
(1) Evaluating existing aviation consumer pro-
tection programs and providing recommendations for 
the improvement of such programs, if needed. 
(2) Providing recommendations to establish ad-
ditional aviation consumer protection programs, if 
needed. 
(g) REPORT.—Not later than February 1 of each year 
beginning after the date of enactment of this Act, the Sec-
retary shall transmit to Congress a report containing— 
(1) each recommendation made by the advisory 
committee during the preceding calendar year; and 
(2) an explanation of how the Secretary has im-
plemented each recommendation and, for each rec-
ommendation not implemented, the Secretary’s reason 
for not implementing the recommendation. 
SEC. 421. DENIED BOARDING COMPENSATION. 
Not later than May 19, 2010, and every 2 years there-
after, the Secretary shall evaluate the amount provided for 
denied boarding compensation and issue a regulation to ad-
just such compensation as necessary. 
SEC. 422. COMPENSATION FOR DELAYED BAGGAGE. 
(a) STUDY.—The Comptroller General shall conduct a 
study to—
232 
(1) examine delays in the delivery of checked 
baggage to passengers of air carriers; and 
(2) make recommendations for establishing min-
imum standards to compensate a passenger in the 
case of an unreasonable delay in the delivery of 
checked baggage. 
(b) CONSIDERATION.—In conducting the study, the 
Comptroller General shall take into account the additional 
fees for checked baggage that are imposed by many air car-
riers and how the additional fees should improve an air 
carrier’s baggage performance. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Comptroller General shall 
transmit to Congress a report on the results of the study. 
SEC. 423. SCHEDULE REDUCTION. 
(a) IN GENERAL.—If the Administrator of the Federal 
Aviation Administration determines that: (1) the aircraft 
operations of air carriers during any hour at an airport 
exceeds the hourly maximum departure and arrival rate es-
tablished by the Administrator for such operations; and (2) 
the operations in excess of the maximum departure and ar-
rival rate for such hour at such airport are likely to have 
a significant adverse effect on the national or regional air-
space system, the Administrator shall convene a conference 
of such carriers to reduce pursuant to section 41722, on a
233 
voluntary basis, the number of such operations to less than 
such maximum departure and arrival rate. 
(b) NO AGREEMENT.—If the air carriers participating 
in a conference with respect to an airport under subsection 
(a) are not able to agree to a reduction in the number of 
flights to and from the airport to less than the maximum 
departure and arrival rate, the Administrator shall take 
such action as is necessary to ensure such reduction is im-
plemented. 
(c) QUARTERLY REPORTS.—Beginning 3 months after 
the date of enactment of this Act and every 3 months there-
after, the Administrator shall submit to Congress a report 
regarding scheduling at the 35 airports that have the great-
est number of passenger enplanements, including each oc-
currence in which hourly scheduled aircraft operations of 
air carriers at such an airport exceed the hourly maximum 
departure and arrival rate at any such airport. 
SEC. 424. EXPANSION OF DOT AIRLINE CONSUMER COM-
PLAINT INVESTIGATIONS. 
(a) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary of Transportation shall investigate 
consumer complaints regarding— 
(1) flight cancellations; 
(2) compliance with Federal regulations con-
cerning overbooking seats on flights;
234 
(3) lost, damaged, or delayed baggage, and dif-
ficulties with related airline claims procedures; 
(4) problems in obtaining refunds for unused or 
lost tickets or fare adjustments; 
(5) incorrect or incomplete information about 
fares, discount fare conditions and availability, over-
charges, and fare increases; 
(6) the rights of passengers who hold frequent 
flier miles or equivalent redeemable awards earned 
through customer-loyalty programs; and 
(7) deceptive or misleading advertising. 
(b) BUDGET NEEDS REPORT.—The Secretary shall 
provide, as an annex to its annual budget request, an esti-
mate of resources which would have been sufficient to inves-
tigate all such claims the Department of Transportation re-
ceived in the previous fiscal year. The annex shall be trans-
mitted to Congress when the President submits the budget 
of the United States to the Congress under section 1105 of 
title 31, United States Code. 
SEC. 425. PROHIBITIONS AGAINST VOICE COMMUNICA-
TIONS USING MOBILE COMMUNICATIONS DE-
VICES ON SCHEDULED FLIGHTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 of title 
49, United States Code, is amended by adding at the end 
the following:
235 
‘‘§ 41724. Prohibitions against voice communications 
using mobile communications devices on 
scheduled flights 
‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR-
TATION.— 
‘‘(1) IN GENERAL.—An individual may not en-
gage in voice communications using a mobile commu-
nications device in an aircraft during a flight in 
scheduled passenger interstate air transportation or 
scheduled passenger intrastate air transportation. 
‘‘(2) EXCEPTIONS.—The prohibition described in 
paragraph (1) shall not apply to— 
‘‘(A) a member of the flight crew or flight 
attendants on an aircraft; or 
‘‘(B) a Federal law enforcement officer act-
ing in an official capacity. 
‘‘(b) FOREIGN AIR TRANSPORTATION.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require all air carriers and foreign air 
carriers to adopt the prohibition described in sub-
section (a) with respect to the operation of an aircraft 
in scheduled passenger foreign air transportation. 
‘‘(2) ALTERNATE
PROHIBITION.—If a foreign 
government objects to the application of paragraph 
(1) on the basis that paragraph (1) provides for an 
extraterritorial application of the laws of the United
236 
States, the Secretary may waive the application of 
paragraph (1) to a foreign air carrier licensed by 
that foreign government until such time as an alter-
native prohibition on voice communications using a 
mobile communications device during flight is nego-
tiated by the Secretary with such foreign government 
through bilateral negotiations. 
‘‘(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) FLIGHT.—The term ‘flight’ means the pe-
riod beginning when an aircraft takes off and ending 
when an aircraft lands. 
‘‘(2) VOICE COMMUNICATIONS USING A MOBILE 
COMMUNICATIONS DEVICE.— 
‘‘(A) INCLUSIONS.—The term ‘voice commu-
nications using a mobile communications device’ 
includes voice communications using— 
‘‘(i) a commercial mobile radio service 
or other wireless communications device; 
‘‘(ii) a broadband wireless device or 
other wireless device that transmits data 
packets using the Internet Protocol or com-
parable technical standard; or 
‘‘(iii) a device having voice override 
capability.
237 
‘‘(B) EXCLUSION.—Such term does not in-
clude voice communications using a phone in-
stalled on an aircraft. 
‘‘(d) SAFETY REGULATIONS.—This section shall not be 
construed to affect the authority of the Secretary to impose 
limitations on voice communications using a mobile com-
munications device for safety reasons. 
‘‘(e) REGULATIONS.—The Secretary shall prescribe 
such regulations as are necessary to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘41724. Prohibitions against voice communications using mobile communications 
devices on scheduled flights.’’. 
SEC. 426. ANTITRUST EXEMPTIONS. 
(a) STUDY.—The Comptroller General shall conduct a 
study of the legal requirements and policies followed by the 
Department in deciding whether to approve international 
alliances under section 41309 of title 49, United States 
Code, and grant exemptions from the antitrust laws under 
section 41308 of such title in connection with such inter-
national alliances. 
(b) ISSUES TO BE CONSIDERED.—In conducting the 
study under subsection (a), the Comptroller General, at a 
minimum, shall examine the following: 
(1) Whether granting exemptions from the anti-
trust laws in connection with international alliances
238 
has resulted in public benefits, including an analysis 
of whether such benefits could have been achieved by 
international alliances not receiving exemptions from 
the antitrust laws. 
(2) Whether granting exemptions from the anti-
trust laws in connection with international alliances 
has resulted in reduced competition, increased prices 
in markets, or other adverse effects. 
(3) Whether international alliances that have 
been granted exemptions from the antitrust laws have 
implemented pricing or other practices with respect to 
the hub airports at which the alliances operate that 
have resulted in increased costs for consumers or fore-
closed competition by rival (nonalliance) air carriers 
at such airports. 
(4) Whether increased network size resulting 
from additional international alliance members will 
adversely affect competition between international al-
liances. 
(5) The areas in which immunized international 
alliances compete and whether there is sufficient com-
petition among immunized international alliances to 
ensure that consumers will receive benefits of at least 
the same magnitude as those that consumers would
239 
receive if there were no immunized international alli-
ances. 
(6) The minimum number of international alli-
ances that is necessary to ensure robust competition 
and benefits to consumers on major international 
routes. 
(7) Whether the different regulatory and anti-
trust responsibilities of the Secretary and the Attor-
ney General with respect to international alliances 
have created any significant conflicting agency rec-
ommendations, such as the conditions imposed in 
granting exemptions from the antitrust laws. 
(8) Whether, from an antitrust standpoint, re-
quests for exemptions from the antitrust laws in con-
nection with international alliances should be treated 
as mergers, and therefore be exclusively subject to a 
traditional merger analysis by the Attorney General 
and be subject to advance notification requirements 
and a confidential review process similar to those re-
quired under section 7A of the Clayton Act (15 U.S.C. 
18a). 
(9) Whether the Secretary should amend, modify, 
or revoke any exemption from the antitrust laws 
granted by the Secretary in connection with an inter-
national alliance.
240 
(10) The effect of international alliances on the 
number and quality of jobs for United States air car-
rier flight crew employees, including the share of alli-
ance flying done by those employees. 
(c) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Comptroller General shall submit to 
the Secretary of Transportation, the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives, and the Committee on Commerce, Science, and Trans-
portation of the Senate a report on the results of the study 
under subsection (a), including any recommendations of the 
Comptroller General as to whether there should be changes 
in the authority of the Secretary under title 49, United 
States Code, or policy changes that the Secretary can imple-
ment administratively, with respect to approving inter-
national alliances and granting exemptions from the anti-
trust laws in connection with such international alliances. 
(d) ADOPTION OF RECOMMENDED POLICY CHANGES.— 
Not later than 1 after the date of receipt of the report under 
subsection (c), and after providing notice and an oppor-
tunity for public comment, the Secretary shall issue a writ-
ten determination as to whether the Secretary will adopt 
the policy changes, if any, recommended by the Comptroller 
General in the report or make any other policy changes with 
respect to approving international alliances and granting
241 
exemptions from the antitrust laws in connection with such 
international alliances. 
(e) SUNSET PROVISION.— 
(1) IN GENERAL.—An exemption from the anti-
trust laws granted by the Secretary on or before the 
last day of the 3-year period beginning on the date 
of enactment of this Act in connection with an inter-
national alliance, including an exemption granted be-
fore the date of enactment of this Act, shall cease to 
be effective after such last day unless the exemption 
is renewed by the Secretary. 
(2) TIMING FOR RENEWALS.—The Secretary may 
not renew an exemption under paragraph (1) before 
the date on which the Secretary issues a written de-
termination under subsection (d). 
(3) STANDARDS FOR RENEWALS.—The Secretary 
shall make a decision on whether to renew an exemp-
tion under paragraph (1) based on the policies of the 
Department in effect after the Secretary issues a writ-
ten determination under subsection (d). 
(f) DEFINITIONS.—In this section, the following defini-
tions apply: 
(1) EXEMPTION FROM THE ANTITRUST LAWS.— 
The term ‘‘exemption from the antitrust laws’’ means 
an exemption from the antitrust laws granted by the
242 
Secretary under section 41308 of title 49, United 
States Code. 
(2) IMMUNIZED INTERNATIONAL ALLIANCE.—The 
term ‘‘immunized international alliance’’ means an 
international alliance for which the Secretary has 
granted an exemption from the antitrust laws. 
(3) 
INTERNATIONAL
ALLIANCE.—The 
term 
‘‘international alliance’’ means a cooperative agree-
ment between an air carrier and a foreign air carrier 
to provide foreign air transportation subject to ap-
proval or disapproval by the Secretary under section 
41309 of title 49, United States Code. 
(4) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 427. MUSICAL INSTRUMENTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 (as 
amended by this Act) is further amended by adding at the 
end the following: 
‘‘§ 41725. Musical instruments 
‘‘(a) IN GENERAL.— 
‘‘(1) INSTRUMENTS
IN
THE
PASSENGER
COM-
PARTMENT.—An air carrier providing air transpor-
tation shall permit a passenger to carry a musical in-
243 
strument in the aircraft passenger compartment in a 
closet, baggage, or cargo stowage compartment ap-
proved by the Administrator without charge if— 
‘‘(A) the instrument can be stowed in ac-
cordance with the requirements for carriage of 
carry-on baggage or cargo set forth by the Ad-
ministrator of the Federal Aviation Administra-
tion; and 
‘‘(B) there is space for such stowage on the 
aircraft. 
‘‘(2) LARGE INSTRUMENTS IN THE PASSENGER 
COMPARTMENT.—An air carrier providing air trans-
portation shall permit a passenger to carry a musical 
instrument in the aircraft passenger compartment 
that is too large to be secured in a closet, baggage, or 
cargo stowage compartment approved by the Admin-
istrator, if— 
‘‘(A) the instrument can be stowed in a 
seat, in accordance with the requirements for 
carriage of carry-on baggage or cargo set forth 
by the Administrator for such stowage; and 
‘‘(B) the passenger wishing to carry the in-
strument in the aircraft cabin has purchased a 
seat to accommodate the instrument.
244 
‘‘(3) INSTRUMENTS AS CHECKED BAGGAGE.—An 
air carrier shall transport as baggage a musical in-
strument that is the property of a passenger on a 
flight and that may not be carried in the aircraft 
passenger compartment if— 
‘‘(A) the sum of the length, width, and 
height measured in inches of the outside linear 
dimensions of the instrument (including the 
case) does not exceed 150 inches and the size re-
strictions for that aircraft; 
‘‘(B) the weight of the instrument does not 
exceed 165 pounds and the weight restrictions for 
that aircraft; and 
‘‘(C) the instrument can be stowed in ac-
cordance with the requirements for carriage of 
baggage or cargo set forth by the Administrator 
for such stowage. 
‘‘(4) AIR CARRIER TERMS.—Nothing in this sec-
tion shall be construed as prohibiting an air carrier 
from limiting its liability for carrying a musical in-
strument or requiring a passenger to purchase insur-
ance to cover the value of a musical instrument trans-
ported by the air carrier.
245 
‘‘(b) REGULATIONS.—The Secretary may prescribe 
such regulations as may be necessary or appropriate to im-
plement subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
subchapter is amended by adding at the end the following: 
‘‘41725. Musical instruments.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect 30 days after the date of enactment 
of this Act. 
TITLE 
V—ENVIRONMENTAL 
STEWARDSHIP AND STREAM-
LINING 
SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PRO-
GRAM. 
Section 40128 is amended— 
(1) in subsection (a)(1)(C) by inserting ‘‘or vol-
untary agreement under subsection (b)(7)’’ before ‘‘for 
the park’’; 
(2) in subsection (a) by adding at the end the 
following: 
‘‘(5) EXEMPTION.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), a national park that has 50 or fewer 
commercial air tour flights a year shall be ex-
empt from the requirements of this section, ex-
cept as provided in subparagraph (B).
246 
‘‘(B) WITHDRAWAL OF EXEMPTION.—If the 
Director determines that an air tour manage-
ment plan or voluntary agreement is necessary 
to protect park resources and values or park vis-
itor use and enjoyment, the Director shall with-
draw the exemption of a park under subpara-
graph (A). 
‘‘(C) LIST OF PARKS.—The Director shall 
inform the Administrator, in writing, of each de-
termination under subparagraph (B). The Direc-
tor and Administrator shall publish an annual 
list of national parks that are covered by the ex-
emption provided by this paragraph. 
‘‘(D) ANNUAL REPORT.—A commercial air 
tour operator conducting commercial air tours 
in a national park that is exempt from the re-
quirements of this section shall submit to the Ad-
ministrator and the Director an annual report 
regarding the number of commercial air tour 
flights it conducts each year in such park.’’; 
(3) in subsection (b) by adding at the end the 
following: 
‘‘(7) VOLUNTARY AGREEMENTS.— 
‘‘(A) IN GENERAL.—As an alternative to an 
air tour management plan, the Director and the
247 
Administrator may enter into a voluntary agree-
ment with a commercial air tour operator (in-
cluding a new entrant applicant and an oper-
ator that has interim operating authority) that 
has applied to conduct air tour operations over 
a national park to manage commercial air tour 
operations over such national park. 
‘‘(B) 
PARK
PROTECTION.—A 
voluntary 
agreement under this paragraph with respect to 
commercial air tour operations over a national 
park shall address the management issues nec-
essary to protect the resources of such park and 
visitor use of such park without compromising 
aviation safety or the air traffic control system 
and may— 
‘‘(i) include provisions such as those 
described in subparagraphs (B) through (E) 
of paragraph (3); 
‘‘(ii) include provisions to ensure the 
stability of, and compliance with, the vol-
untary agreement; and 
‘‘(iii) provide for fees for such oper-
ations. 
‘‘(C) PUBLIC.—The Director and the Ad-
ministrator shall provide an opportunity for
248 
public review of a proposed voluntary agreement 
under this paragraph and shall consult with any 
Indian tribe whose tribal lands are, or may be, 
flown over by a commercial air tour operator 
under a voluntary agreement under this para-
graph. After such opportunity for public review 
and consultation, the voluntary agreement may 
be implemented without further administrative 
or environmental process beyond that described 
in this subsection. 
‘‘(D) TERMINATION.—A voluntary agree-
ment under this paragraph may be terminated 
at any time at the discretion of the Director or 
the Administrator if the Director determines that 
the agreement is not adequately protecting park 
resources or visitor experiences or the Adminis-
trator determines that the agreement is adversely 
affecting aviation safety or the national aviation 
system. If a voluntary agreement for a national 
park is terminated, the operators shall conform 
to the requirements for interim operating author-
ity under subsection (c) until an air tour man-
agement plan for the park is in effect.’’; 
(4) in subsection (c) by striking paragraph 
(2)(I) and inserting the following:
249 
‘‘(I) may allow for modifications of the in-
terim operating authority without further envi-
ronmental review beyond that described in this 
section if— 
‘‘(i) adequate information regarding 
the operator’s existing and proposed oper-
ations under the interim operating author-
ity is provided to the Administrator and the 
Director; 
‘‘(ii) the Administrator determines that 
there would be no adverse impact on avia-
tion safety or the air traffic control system; 
and 
‘‘(iii) the Director agrees with the 
modification, based on the Director’s profes-
sional expertise regarding the protection of 
the park resources and values and visitor 
use and enjoyment.’’; 
(5) in subsection (c)(3)(A) by striking ‘‘if the 
Administrator determines’’ and all that follows 
through the period at the end and inserting ‘‘without 
further environmental process beyond that described 
in this paragraph if— 
‘‘(i) adequate information on the oper-
ator’s proposed operations is provided to the
250 
Administrator and the Director by the oper-
ator making the request; 
‘‘(ii) the Administrator agrees that 
there would be no adverse impact on avia-
tion safety or the air traffic control system; 
and 
‘‘(iii) the Director agrees, based on the 
Director’s professional expertise regarding 
the protection of park resources and values 
and visitor use and enjoyment.’’; 
(6) by redesignating subsections (d), (e), and (f) 
as subsections (e), (f), and (g), respectively; and 
(7) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.— 
‘‘(1) REPORT.—Each commercial air tour oper-
ator providing a commercial air tour over a national 
park under interim operating authority granted 
under subsection (c) or in accordance with an air 
tour management plan under subsection (b) shall sub-
mit a report to the Administrator and Director re-
garding the number of its commercial air tour oper-
ations over each national park and such other infor-
mation as the Administrator and Director may re-
251 
quest in order to facilitate administering the provi-
sions of this section. 
‘‘(2) REPORT
SUBMISSION.—Not later than 3 
months after the date of enactment of the Aviation 
Safety and Investment Act of 2010, the Administrator 
and Director shall jointly issue an initial request for 
reports under this subsection. The reports shall be 
submitted to the Administrator and Director on a fre-
quency and in a format prescribed by the Adminis-
trator and Director.’’. 
SEC. 502. STATE BLOCK GRANT PROGRAM. 
(a) GENERAL REQUIREMENTS.—Section 47128(a) is 
amended— 
(1) in the first sentence by striking ‘‘prescribe 
regulations’’ and inserting ‘‘issue guidance’’; and 
(2) in the second sentence by striking ‘‘regula-
tions’’ and inserting ‘‘guidance’’. 
(b) 
APPLICATIONS
AND
SELECTION.—Section 
47128(b)(4) is amended by inserting before the semicolon 
the following: ‘‘, including the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.), State and local 
environmental policy acts, Executive orders, agency regula-
tions and guidance, and other Federal environmental re-
quirements’’.
270 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) EPA.—The term ‘‘EPA’’ means the Environ-
mental Protection Agency. 
(2) FAA.—The term ‘‘FAA’’ means the Federal 
Aviation Administration. 
SEC. 513. CABIN AIR QUALITY TECHNOLOGY. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall initiate research and 
development work on effective air cleaning and sensor tech-
nology for the engine and auxiliary power unit for bleed 
air supplied to the passenger cabin and flight deck of a pres-
surized aircraft. 
(b) TECHNOLOGY REQUIREMENTS.—The technology 
should, at a minimum, be capable of— 
(1) removing oil-based contaminants from the 
bleed air supplied to the passenger cabin and flight 
deck; and 
(2) detecting and recording oil-based contami-
nants in the bleed air fraction of the total air sup-
plied to the passenger cabin and flight deck. 
(c) REPORT.—Not later than 3 years after the date of 
enactment of this Act, the Administrator shall transmit to
283 
(B) a petition for review is filed with the 
clerk of the Board not later than 6 months after 
such date of enactment. 
SEC. 604. FAA TECHNICAL TRAINING AND STAFFING. 
(a) STUDY.— 
(1) IN GENERAL.—The Comptroller General shall 
conduct a study on the training of the airway trans-
portation systems specialists of the Federal Aviation 
Administration (in this section referred to as ‘‘FAA 
systems specialists’’). 
(2) CONTENTS.—The study shall— 
(A) include an analysis of the type of train-
ing provided to FAA systems specialists; 
(B) include an analysis of the type of train-
ing that FAA systems specialists need to be pro-
ficient on the maintenance of latest technologies; 
(C) include a description of actions that the 
Administration has undertaken to ensure that 
FAA systems specialists receive up-to-date train-
ing on the latest technologies; 
(D) identify the amount and cost of FAA 
systems specialists training provided by vendors; 
(E) identify the amount and cost of FAA 
systems specialists training provided by the Ad-