‘‘(N) terminal development under section 
47119(a). 
‘‘(O) acquiring and installing facilities and 
equipment to provide air conditioning, heating, 
or electric power from terminal-based, non-ex-
clusive use facilities to aircraft parked at a pub-
lic use airport for the purpose of reducing en-
ergy use or harmful emissions as compared to 
the provision of such air conditioning, heating, 
or electric power from aircraft-based systems.’’. 
(b) AIRPORT
PLANNING.—Section 47102(5) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘, developing an environmental management sys-
tem’’. 
(c) GENERAL AVIATION AIRPORT.—Section 47102 is 
amended— 
(1) by redesignating paragraphs (23) through 
(25) as paragraphs (25) through (27), respectively; 
(2) by redesignating paragraphs (8) through 
(22) as paragraphs (9) through (23), respectively; 
and 
(3) by inserting after paragraph (7) the fol-
lowing:
‘‘(8) ‘general aviation airport’ means a public 
airport that is located in a State and that, as deter-
mined by the Secretary— 
‘‘(A) does not have scheduled service; or 
‘‘(B) has scheduled service with less that 
2,500 passenger boardings each year.’’. 
(d) REVENUE PRODUCING AERONAUTICAL SUPPORT 
FACILITIES.—Section 47102 is amended by inserting 
after paragraph (23) (as redesignated by subsection (c)(2) 
of this section) the following: 
‘‘(24) ‘revenue producing aeronautical support 
facilities’ means fuel farms, hangar buildings, self- 
service credit card aeronautical fueling systems, air-
plane wash racks, major rehabilitation of a hangar 
owned by a sponsor, or other aeronautical support 
facilities that the Secretary determines will increase 
the revenue producing ability of the airport.’’. 
(e) TERMINAL DEVELOPMENT.—Section 47102 is 
further amended by adding at the end the following: 
‘‘(28) ‘terminal development’ means— 
‘‘(A) development of— 
‘‘(i) an airport passenger terminal 
building, including terminal gates; 
‘‘(ii) access roads servicing exclusively 
airport traffic that leads directly to or
from an airport passenger terminal build-
ing; and 
‘‘(iii) walkways that lead directly to or 
from an airport passenger terminal build-
ing; and 
‘‘(B) the cost of a vehicle described in sec-
tion 47119(a)(1)(B).’’. 
SEC. 132. SOLID WASTE RECYCLING PLANS. 
(a) AIRPORT
PLANNING.—Section 47102(5) (as 
amended by section 131(b) of this Act) is amended by in-
serting before the period at the end the following: ‘‘, and 
planning to minimize the generation of, and to recycle, air-
port solid waste in a manner that is consistent with appli-
cable State and local recycling laws’’. 
(b) MASTER PLAN.—Section 47106(a) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) in any case in which the project is for an 
airport that has an airport master plan, the master 
plan addresses the feasibility of solid waste recycling 
at the airport and minimizing the generation of solid 
waste at the airport.’’.
SEC. 133. AMENDMENTS TO GRANT ASSURANCES. 
(a) 
GENERAL
WRITTEN
ASSURANCES.—Section 
47107(a)(16)(D)(ii) is amended by inserting before the 
semicolon at the end the following: ‘‘, except in the case 
of a relocation or replacement of an existing airport facil-
ity that meets the conditions of section 47110(d)’’. 
(b) WRITTEN ASSURANCES ON ACQUIRING LAND.— 
(1) 
USE
OF
PROCEEDS.—Section 
47107(c)(2)(A)(iii) is amended by striking ‘‘paid to 
the Secretary’’ and all that follows before the semi-
colon and inserting ‘‘reinvested in another project at 
the airport or transferred to another airport as the 
Secretary prescribes under paragraph (4)’’. 
(2) ELIGIBLE PROJECTS.—Section 47107(c) is 
amended by adding at the end the following: 
‘‘(4) PRIORITIES FOR REINVESTMENT.—In ap-
proving the reinvestment or transfer of proceeds 
under subsection (c)(2)(A)(iii), the Secretary shall 
give preference, in descending order, to the following 
actions: 
‘‘(A) Reinvestment in an approved noise 
compatibility project. 
‘‘(B) Reinvestment in an approved project 
that is eligible for funding under section 
47117(e).
‘‘(C) Reinvestment in an approved airport 
development project that is eligible for funding 
under section 47114, 47115, or 47117. 
‘‘(D) Transfer to a sponsor of another 
public airport to be reinvested in an approved 
noise compatibility project at such airport. 
‘‘(E) Payment to the Secretary for deposit 
in the Airport and Airway Trust Fund.’’. 
(c) 
CLERICAL
AMENDMENT.—Section 
47107(c)(2)(B)(iii) is amended by striking ‘‘the Fund’’ 
and inserting ‘‘the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code 
of 1986 (26 U.S.C. 9502)’’. 
SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS. 
Section 47109 is amended— 
(1) in subsection (a) by striking ‘‘provided in 
subsection (b) or subsection (c) of this section’’ and 
inserting ‘‘otherwise specifically provided in this sec-
tion’’; and 
(2) by adding at the end the following: 
‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL 
HUB TO MEDIUM HUB STATUS.—If the status of a small 
hub airport changes to a medium hub airport, the Govern-
ment’s share of allowable project costs for the airport may
not exceed 90 percent for the first 2 fiscal years following 
such change in hub status. 
‘‘(f) SPECIAL RULE FOR ECONOMICALLY DEPRESSED 
COMMUNITIES.—The Government’s share of allowable 
project costs shall be 95 percent for a project at an airport 
that— 
‘‘(1) is receiving subsidized air service under 
subchapter II of chapter 417; and 
‘‘(2) is located in an area that meets one or 
more of the criteria established in section 301(a) of 
the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3161(a)), as determined by the 
Secretary of Commerce.’’. 
SEC. 135. AMENDMENTS TO ALLOWABLE COSTS. 
(a) 
ALLOWABLE
PROJECT
COSTS.—Section 
47110(b)(2)(D) is amended to read as follows: 
‘‘(D) if the cost is for airport development and 
is incurred before execution of the grant agreement, 
but in the same fiscal year as execution of the grant 
agreement, and if— 
‘‘(i) the cost was incurred before execution 
of the grant agreement due to the short con-
struction season in the vicinity of the airport; 
‘‘(ii) the cost is in accordance with an air-
port layout plan approved by the Secretary and
with all statutory and administrative require-
ments that would have been applicable to the 
project if the project had been carried out after 
execution of the grant agreement; 
‘‘(iii) the sponsor notifies the Secretary be-
fore authorizing work to commence on the 
project; and 
‘‘(iv) the sponsor’s decision to proceed with 
the project in advance of execution of the grant 
agreement does not affect the priority assigned 
to the project by the Secretary for the alloca-
tion of discretionary funds;’’. 
(b) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
Section 47110(d) is amended to read as follows: 
‘‘(d) RELOCATION
OF
AIRPORT-OWNED
FACILI-
TIES.—The Secretary may determine that the costs of re-
locating or replacing an airport-owned facility are allow-
able for an airport development project at an airport only 
if— 
‘‘(1) the Government’s share of such costs will 
be paid with funds apportioned to the airport spon-
sor under section 47114(c)(1) or 47114(d); 
‘‘(2) the Secretary determines that the reloca-
tion or replacement is required due to a change in 
the Secretary’s design standards; and
‘‘(3) the Secretary determines that the change 
is beyond the control of the airport sponsor.’’. 
(c) NONPRIMARY AIRPORTS.—Section 47110(h) is 
amended— 
(1) by inserting ‘‘construction of’’ before ‘‘rev-
enue producing’’; and 
(2) by striking ‘‘, including fuel farms and 
hangars,’’. 
SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS 
OWNED AND CONTROLLED BY DISABLED 
VETERANS. 
Section 47112(c) is amended by adding at the end 
the following: 
‘‘(3) A contract involving labor for carrying out an 
airport development project under a grant agreement 
under this subchapter must require that a preference be 
given to the use of small business concerns (as defined 
in section 3 of the Small Business Act (15 U.S.C. 632)) 
owned and controlled by disabled veterans.’’. 
SEC. 137. AIRPORT DISADVANTAGED BUSINESS ENTER-
PRISE PROGRAM. 
(a) PURPOSE.—It is the purpose of the airport dis-
advantaged business program to ensure that minority- and 
women-owned businesses have a full and fair opportunity 
to compete in federally assisted airport contracts and con-
cessions and to ensure that the Federal Government does 
not subsidize discrimination in private or locally funded 
airport-related industries. 
(b) FINDINGS.—Congress finds the following: 
(1) While significant progress has occurred due 
to the enactment of the airport disadvantaged busi-
ness enterprise program (49 U.S.C. 47107(e) and 
47113), discrimination continues to be a significant 
barrier for minority- and women-owned businesses 
seeking to do business in airport-related markets. 
This continuing discrimination merits the continu-
ation of the airport disadvantaged business enter-
prise program. 
(2) Discrimination poses serious barriers to the 
full participation in airport-related businesses of 
women business owners and minority business own-
ers, including African Americans, Hispanic Ameri-
cans, Asian Americans, and Native Americans. 
(3) Discrimination impacts minority and women 
business owners in every geographic region of the 
United States and in every airport-related industry. 
(4) Discrimination has impacted many aspects 
of airport-related business, including— 
(A) the availability of venture capital and 
credit;
(B) the availability of bonding and insur-
ance; 
(C) the ability to obtain licensing and cer-
tification; 
(D) public and private bidding and quoting 
procedures; 
(E) the pricing of supplies and services; 
(F) business training, education, and ap-
prenticeship programs; and 
(G) professional support organizations and 
informal networks through which business op-
portunities are often established. 
(5) Congress has received voluminous evidence 
of discrimination against minority and women busi-
ness owners in airport-related industries, includ-
ing— 
(A) statistical analyses demonstrating sig-
nificant 
disparities 
in 
the 
utilization 
of 
minority- and women-owned businesses in fed-
erally and locally funded airport related con-
tracting; 
(B) statistical analyses of private sector 
disparities in business success by minority- and 
women-owned businesses in airport related in-
dustries;
(C) research compiling anecdotal reports of 
discrimination by individual minority and 
women business owners; 
(D) individual reports of discrimination by 
minority and women business owners and the 
organizations and individuals who represent mi-
nority and women business owners; 
(E) analyses demonstrating significant re-
ductions in the participation of minority and 
women businesses in jurisdictions that have re-
duced or eliminated their minority- and women- 
owned business programs; 
(F) statistical analyses showing significant 
disparities in the credit available to minority- 
and women-owned businesses; 
(G) research and statistical analyses dem-
onstrating how discrimination negatively im-
pacts firm formation, growth, and success; 
(H) experience of airports and other local-
ities demonstrating that race- and gender-neu-
tral efforts alone are insufficient to remedy dis-
crimination; and 
(I) other qualitative and quantitative evi-
dence of discrimination against minority- and
women-owned businesses in airport-related in-
dustries. 
(6) All of this evidence provides a strong basis 
for the continuation of the airport disadvantaged 
business enterprise program and the airport conces-
sions disadvantaged business enterprise program. 
(7) Congress has received and reviewed recent 
comprehensive and compelling evidence of discrimi-
nation from many different sources, including con-
gressional hearings and roundtables, scientific re-
ports, reports issued by public and private agencies, 
news stories, reports of discrimination by organiza-
tions and individuals, and discrimination lawsuits. 
(c) DISADVANTAGED BUSINESS ENTERPRISE PER-
SONAL NET WORTH CAP; BONDING REQUIREMENTS.— 
Section 47113 is amended by adding at the end the fol-
lowing: 
‘‘(e) PERSONAL NET WORTH CAP.— 
‘‘(1) REGULATIONS.—Not later than 180 days 
after the date of enactment of this subsection, the 
Secretary shall issue final regulations to adjust the 
personal net worth cap used in determining whether 
an individual is economically disadvantaged for pur-
poses of qualifying under the definition contained in 
subsection (a)(2) and under section 47107(e). The
regulations shall correct for the impact of inflation 
since the Small Business Administration established 
the personal net worth cap at $750,000 in 1989. 
‘‘(2) ANNUAL ADJUSTMENT.—Following the ini-
tial adjustment under paragraph (1), the Secretary 
shall adjust, on June 30 of each year thereafter, the 
personal net worth cap to account for changes, oc-
curring in the preceding 12-month period, in the 
Consumer Price Index of All Urban Consumers 
(United States city average, all items) published by 
the Secretary of Labor. 
‘‘(f) EXCLUSION OF RETIREMENT BENEFITS.— 
‘‘(1) IN GENERAL.—In calculating a business 
owner’s personal net worth, any funds held in a 
qualified retirement account owned by the business 
owner shall be excluded, subject to regulations to be 
issued by the Secretary. 
‘‘(2) REGULATIONS.—Not later than one year 
after the date of enactment of this subsection, the 
Secretary shall issue final regulations to implement 
paragraph (1), including consideration of appro-
priate safeguards, such as a limit on the amount of 
such accounts, to prevent circumvention of personal 
net worth requirements.
‘‘(g) PROHIBITION ON EXCESSIVE OR DISCRIMINA-
TORY BONDING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a program to eliminate barriers to small busi-
ness participation in airport-related contracts and 
concessions by prohibiting excessive, unreasonable, 
or discriminatory bonding requirements for any 
project funded under this chapter or using passenger 
facility revenues under section 40117. 
‘‘(2) REGULATIONS.—Not later than one year 
after the date of enactment of this subsection, the 
Secretary shall issue a final rule to establish the pro-
gram under paragraph (1).’’. 
SEC. 138. TRAINING PROGRAM FOR CERTIFICATION OF DIS-
ADVANTAGED BUSINESS ENTERPRISES. 
(a) MANDATORY
TRAINING
PROGRAM.—Section 
47113 (as amended by this Act) is further amended— 
(1) in subsection (b) by striking ‘‘Secretary’’ 
and inserting ‘‘Secretary of Transportation’’; and 
(2) by adding at the end the following: 
‘‘(h) MANDATORY TRAINING PROGRAM.— 
‘‘(1) IN GENERAL.—Not later than one year 
after the date of enactment of this subsection, the 
Secretary shall establish a mandatory training pro-
gram for persons described in paragraph (3) on cer-
tifying whether a small business concern qualifies as 
a small business concern owned and controlled by 
socially and economically disadvantaged individuals 
under this section and section 47107(e). 
‘‘(2) IMPLEMENTATION.—The training program 
may be implemented by one or more private entities 
approved by the Secretary. 
‘‘(3) PARTICIPANTS.—A person referred to in 
paragraph (1) is an official or agent of an airport 
sponsor— 
‘‘(A) who is required to provide a written 
assurance 
under 
this 
section 
or 
section 
47107(e) that the airport owner or operator will 
meet the percentage goal of subsection (b) or 
section 47107(e)(1); or 
‘‘(B) who is responsible for determining 
whether or not a small business concern quali-
fies as a small business concern owned and con-
trolled by socially and economically disadvan-
taged individuals under this section or section 
47107(e). 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
Out of amounts appropriated under section 106(k), 
not less than $2,000,000 for each of fiscal years 
2010, 2011, and 2012 shall be used to carry out this
subsection and to support other programs and activi-
ties of the Secretary related to the participation of 
small business concerns owned and controlled by so-
cially and economically disadvantaged individuals in 
airport related contracts or concessions.’’. 
(b) REPORT.—Not later than 24 months after the 
date of enactment of this Act, the Secretary shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives, the Committee on Com-
merce, Science, and Transportation of the Senate, and 
other appropriate committees of Congress a report on the 
results of the training program conducted under the 
amendment made by subsection (b). 
SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND. 
Section 47114(d) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘Except as provided in 
paragraph (3), the Secretary’’ and inserting 
‘‘The Secretary’’; and 
(B) by striking ‘‘18.5 percent’’ and insert-
ing ‘‘10 percent’’; and 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) ADDITIONAL AMOUNT.—
‘‘(A) 
IN
GENERAL.—In 
addition 
to 
amounts apportioned under paragraph (2), and 
subject to subparagraph (B), the Secretary 
shall apportion to each airport, excluding pri-
mary airports but including reliever and nonpri-
mary commercial service airports, in States the 
lesser of— 
‘‘(i) $150,000; or 
‘‘(ii) 1⁄5 of the most recently published 
estimate of the 5-year costs for airport im-
provement for the airport, as listed in the 
national plan of integrated airport systems 
developed by the Federal Aviation Admin-
istration under section 47103. 
‘‘(B) REDUCTION.—In any fiscal year in 
which the total amount made available for ap-
portionment under paragraph (2) is less than 
$300,000,000, the Secretary shall reduce, on a 
prorated basis, the amount to be apportioned 
under subparagraph (A) and make such reduc-
tion available to be apportioned under para-
graph (2), so as to apportion under paragraph 
(2) a minimum of $300,000,000.’’. 
SEC. 140. REDUCING APPORTIONMENTS. 
Section 47114(f)(1) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(2) in subparagraph (B)— 
(A) by inserting ‘‘except as provided by 
subparagraph (C),’’ before ‘‘in the case’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) in the case of a charge of more than 
$4.50 imposed by the sponsor of an airport en-
planing at least one percent of the total number 
of boardings each year in the United States, 
100 percent of the projected revenues from the 
charge in the fiscal year but not more than 100 
percent of the amount that otherwise would be 
apportioned under this section.’’. 
SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND. 
Section 47115(g)(1) is amended by striking ‘‘sum 
of—’’ and all that follows through the period at the end 
of 
subparagraph 
(B) 
and 
inserting 
‘‘sum 
of 
$520,000,000.’’. 
SEC. 142. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 
Section 47115(j) is amended by striking ‘‘fiscal years 
2004 through 2009,’’ and inserting ‘‘fiscal years 2010 
through 2012,’’.
SEC. 143. USE OF APPORTIONED AMOUNTS. 
Section 47117(e)(1)(A) is amended— 
(1) in the first sentence— 
(A) by striking ‘‘35 percent’’ and inserting 
‘‘$300,000,000’’; 
(B) by striking ‘‘and’’ after ‘‘47141,’’; and 
(C) by inserting before the period at the 
end the following: ‘‘, and for water quality miti-
gation projects to comply with the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et 
seq.) as approved in an environmental record of 
decision for an airport development project 
under this title’’; and 
(2) in the second sentence by striking ‘‘such 35 
percent requirement is’’ and inserting ‘‘the require-
ments of the preceding sentence are’’. 
SEC. 144. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 
(a) IN GENERAL.—Section 47133(b) is amended— 
(1) by striking ‘‘Subsection (a) shall not apply 
if’’ and inserting the following: 
‘‘(1) PRIOR
LAWS
AND
AGREEMENTS.—Sub-
section (a) shall not apply if’’; and 
(2) by adding at the end the following: 
‘‘(2) SALE
OF
PRIVATE
AIRPORT
TO
PUBLIC 
SPONSOR.—In the case of a privately owned airport,
subsection (a) shall not apply to the proceeds from 
the sale of the airport to a public sponsor if— 
‘‘(A) the sale is approved by the Secretary; 
‘‘(B) funding is provided under this sub-
title for any portion of the public sponsor’s ac-
quisition of airport land; and 
‘‘(C) an amount equal to the remaining 
unamortized portion of any airport improve-
ment grant made to that airport for purposes 
other than land acquisition, amortized over a 
20-year period, plus an amount equal to the 
Federal share of the current fair market value 
of any land acquired with an airport improve-
ment grant made to that airport on or after Oc-
tober 1, 1996, is repaid to the Secretary by the 
private owner. 
‘‘(3) TREATMENT
OF
REPAYMENTS.—Repay-
ments referred to in paragraph (2)(C) shall be treat-
ed as a recovery of prior year obligations.’’. 
(b) APPLICABILITY TO GRANTS.—The amendments 
made by subsection (a) shall apply to grants issued on 
or after October 1, 1996. 
SEC. 145. AIRPORT PRIVATIZATION PILOT PROGRAM. 
(a) APPROVAL REQUIREMENTS.—Section 47134 is 
amended 
in 
subsections 
(b)(1)(A)(i), 
(b)(1)(A)(ii),
(c)(4)(A), and (c)(4)(B) by striking ‘‘65 percent’’ each 
place it appears and inserting ‘‘75 percent’’. 
(b) PROHIBITION ON RECEIPT OF FUNDS.— 
(1) SECTION 47134.—Section 47134 is amended 
by adding at the end the following: 
‘‘(n) PROHIBITION
ON
RECEIPT
OF
CERTAIN 
FUNDS.—An airport receiving an exemption under sub-
section (b) shall be prohibited from receiving apportion-
ments under section 47114 or discretionary funds under 
section 47115.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
47134(g) is amended— 
(A) in the subsection heading by striking 
‘‘APPORTIONMENTS;’’; 
(B) in paragraph (1) by striking the semi-
colon at the end and inserting ‘‘; or’’; 
(C) by striking paragraph (2); and 
(D) by redesignating paragraph (3) as 
paragraph (2). 
(c) FEDERAL SHARE OF PROJECT COSTS.—Section 
47109(a) is amended— 
(1) by striking the semicolon at the end of 
paragraph (3) and inserting ‘‘; and’’; 
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 146. AIRPORT SECURITY PROGRAM. 
(a) GENERAL
AUTHORITY.—Section 47137(a) is 
amended by inserting ‘‘, in consultation with the Secretary 
of Homeland Security,’’ after ‘‘Transportation’’. 
(b) IMPLEMENTATION.—Section 47137(b) is amend-
ed to read as follows: 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Transportation shall provide 
funding through a grant, contract, or another agree-
ment described in section 106(l)(6) to a nonprofit 
consortium that— 
‘‘(A) is composed of public and private per-
sons, including an airport sponsor; and 
‘‘(B) has at least 10 years of demonstrated 
experience in testing and evaluating anti-ter-
rorist technologies at airports. 
‘‘(2) PROJECT
SELECTION.—The Secretary 
shall select projects under this subsection that— 
‘‘(A) evaluate and test the benefits of inno-
vative aviation security systems or related tech-
nology, including explosives detection systems, 
for the purpose of improving aviation and air-
craft physical security, access control, and pas-
senger and baggage screening; and 
‘‘(B) provide testing and evaluation of air-
port security systems and technology in an 
operational, testbed environment.’’. 
(c) MATCHING SHARE.—Section 47137(c) is amend-
ed by inserting after ‘‘section 47109’’ the following: ‘‘or 
any other provision of law’’. 
(d) ADMINISTRATION.—Section 47137(e) is amended 
by adding at the end the following: ‘‘The Secretary may 
enter into an agreement in accordance with section 
106(m) to provide for the administration of any project 
under the program.’’. 
(e) ELIGIBLE SPONSOR.—Section 47137 is amended 
by striking subsection (f) and redesignating subsection (g) 
as subsection (f). 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 
47137(f) (as so redesignated) is amended by striking 
‘‘$5,000,000’’ and inserting ‘‘$8,500,000’’. 
SEC. 147. SUNSET OF PILOT PROGRAM FOR PURCHASE OF 
AIRPORT DEVELOPMENT RIGHTS. 
Section 47138 is amended by adding at the end the 
following: 
‘‘(f) SUNSET.—This section shall not be in effect 
after September 30, 2008.’’.
SEC. 148. EXTENSION OF GRANT AUTHORITY FOR COMPAT-
IBLE LAND USE PLANNING AND PROJECTS 
BY STATE AND LOCAL GOVERNMENTS. 
Section 47141(f) is amended by striking ‘‘September 
30, 2009’’ and inserting ‘‘September 30, 2012’’. 
SEC. 149. REPEAL OF LIMITATIONS ON METROPOLITAN 
WASHINGTON AIRPORTS AUTHORITY. 
Section 49108, and the item relating to such section 
in the analysis for chapter 491, are repealed. 
SEC. 150. MIDWAY ISLAND AIRPORT. 
Section 186(d) of the Vision 100—Century of Avia-
tion Reauthorization Act (117 Stat. 2518) is amended by 
striking ‘‘October 1, 2009,’’ and inserting ‘‘October 1, 
2012,’’. 
SEC. 151. PUERTO RICO MINIMUM GUARANTEE. 
Section 47114(e) is amended— 
(1) in the subsection heading by inserting ‘‘AND 
PUERTO RICO’’ after ‘‘ALASKA’’; and 
(2) by adding at the end the following: 
‘‘(5) PUERTO RICO MINIMUM GUARANTEE.—In 
any fiscal year in which the total amount appor-
tioned to airports in Puerto Rico under subsections 
(c) and (d) is less than 1.5 percent of the total 
amount apportioned to all airports under subsections 
(c) and (d), the Secretary shall apportion to the 
Puerto Rico Ports Authority for airport development
projects in such fiscal year an amount equal to the 
difference between 1.5 percent of the total amounts 
apportioned under subsections (c) and (d) in such 
fiscal year and the amount otherwise apportioned 
under subsections (c) and (d) to airports in Puerto 
Rico in such fiscal year.’’. 
SEC. 152. MISCELLANEOUS AMENDMENTS. 
(a) TECHNICAL CHANGES TO NATIONAL PLAN OF 
INTEGRATED
AIRPORT
SYSTEMS.—Section 47103 is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘each airport to—’’ and in-
serting ‘‘the airport system to—’’; 
(B) in paragraph (1) by striking ‘‘system 
in the particular area;’’ and inserting ‘‘system, 
including connection to the surface transpor-
tation network; and’’; 
(C) in paragraph (2) by striking ‘‘; and’’ 
and inserting a period; and 
(D) by striking paragraph (3); 
(2) in subsection (b)— 
(A) in paragraph (1) by striking the semi-
colon and inserting ‘‘; and’’; 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as so redesignated) 
by striking ‘‘, Short Takeoff and Landing/Very 
Short Takeoff and Landing aircraft oper-
ations,’’; and 
(3) in subsection (d) by striking ‘‘status of 
the’’. 
(b) UPDATE
VETERANS
PREFERENCE
DEFINI-
TION.—Section 47112(c) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B) by striking ‘‘sepa-
rated from’’ and inserting ‘‘discharged or re-
leased from active duty in’’; and 
(B) by adding at the end the following: 
‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 
individual who served on active duty (as defined by 
section 101 of title 38) in the Armed Forces for a 
period of more than 180 consecutive days, any part 
of which occurred during the period beginning on 
September 11, 2001, and ending on the date pre-
scribed by presidential proclamation or by law as the 
last date of Operation Iraqi Freedom, and who was 
separated from the Armed Forces under honorable 
conditions.’’; and
(2) in paragraph (2) by striking ‘‘veterans and’’ 
and inserting ‘‘veterans, Afghanistan-Iraq war vet-
erans, and’’. 
(c) CONSOLIDATION OF TERMINAL DEVELOPMENT 
PROVISIONS.—Section 47119 is amended— 
(1) by redesignating subsections (a), (b), (c), 
and (d) as subsections (b), (c), (d), and (e), respec-
tively; and 
(2) by inserting before subsection (b) (as so re-
designated) the following: 
‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may approve 
a project for terminal development (including 
multimodal terminal development) in a nonrevenue- 
producing public-use area of a commercial service 
airport— 
‘‘(A) if the sponsor certifies that the air-
port, on the date the grant application is sub-
mitted to the Secretary, has— 
‘‘(i) all the safety equipment required 
for certification of the airport under sec-
tion 44706; 
‘‘(ii) all the security equipment re-
quired by regulation; and
‘‘(iii) provided for access by pas-
sengers to the area of the airport for 
boarding or exiting aircraft that are not 
air carrier aircraft; 
‘‘(B) if the cost is directly related to mov-
ing passengers and baggage in air commerce 
within the airport, including vehicles for moving 
passengers between terminal facilities and be-
tween terminal facilities and aircraft; and 
‘‘(C) under terms necessary to protect the 
interests of the Government. 
‘‘(2) PROJECT IN REVENUE-PRODUCING AREAS 
AND NONREVENUE-PRODUCING PARKING LOTS.—In 
making a decision under paragraph (1), the Sec-
retary may approve as allowable costs the expenses 
of terminal development in a revenue-producing area 
and construction, reconstruction, repair, and im-
provement in a nonrevenue-producing parking lot 
if— 
‘‘(A) 
except 
as 
provided 
in 
section 
47108(e)(3), the airport does not have more 
than .05 percent of the total annual passenger 
boardings in the United States; and 
‘‘(B) the sponsor certifies that any needed 
airport development project affecting safety, se-
curity, or capacity will not be deferred because 
of the Secretary’s approval.’’; 
(3) in paragraphs (3) and (4)(A) of subsection 
(b) (as redesignated by paragraph (1) of this sub-
section) by striking ‘‘section 47110(d)’’ and insert-
ing ‘‘subsection (a)’’; 
(4) in paragraph (5) of subsection (b) (as re-
designated by paragraph (1) of this subsection) by 
striking ‘‘subsection (b)(1) and (2)’’ and inserting 
‘‘subsections (c)(1) and (c)(2)’’; 
(5) in paragraphs (2)(A), (3), and (4) of sub-
section (c) (as redesignated by paragraph (1) of this 
subsection) by striking ‘‘section 47110(d) of this 
title’’ and inserting ‘‘subsection (a)’’; 
(6) in paragraph (2)(B) of subsection (c) (as 
redesignated by paragraph (1) of this subsection) by 
striking ‘‘section 47110(d)’’ and inserting ‘‘sub-
section (a)’’; 
(7) in subsection (c)(5) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘sec-
tion 47110(d)’’ and inserting ‘‘subsection (a)’’; and 
(8) by adding at the end the following: 
‘‘(f) LIMITATION ON DISCRETIONARY FUNDS.—The 
Secretary may distribute not more than $20,000,000 from 
the discretionary fund established under section 47115 for
terminal development projects at a nonhub airport or a 
small hub airport that is eligible to receive discretionary 
funds under section 47108(e)(3).’’. 
(d) ANNUAL REPORT.—Section 47131(a) is amend-
ed— 
(1) by striking ‘‘April 1’’ and inserting ‘‘June 
1’’; and 
(2) by striking paragraphs (1), (2), (3), and (4) 
and inserting the following: 
‘‘(1) a summary of airport development and 
planning completed; 
‘‘(2) a summary of individual grants issued; 
‘‘(3) an accounting of discretionary and appor-
tioned funds allocated; 
‘‘(4) the allocation of appropriations; and’’. 
(e) CORRECTION
TO EMISSION CREDITS PROVI-
SION.—Section 47139 is amended— 
(1) 
in 
subsection 
(a) 
by 
striking 
‘‘47102(3)(F),’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘47102(3)(F),’’; and 
(B) by striking ‘‘47103(3)(F),’’. 
(f) CONFORMING AMENDMENT TO CIVIL PENALTY 
ASSESSMENT
AUTHORITY.—Section 
46301(d)(2) 
is 
amended by inserting ‘‘46319,’’ after ‘‘46318,’’.
(g) OTHER CONFORMING AMENDMENTS.— 
(1) Sections 40117(a)(3)(B) is amended by 
striking ‘‘section 47110(d)’’ and inserting ‘‘section 
47119(a)’’. 
(2) Section 47108(e)(3) is amended— 
(A) by striking ‘‘section 47110(d)(2)’’ and 
inserting ‘‘section 47119(a)’’; and 
(B) by striking ‘‘section 47110(d)’’ and in-
serting ‘‘section 47119(a)’’. 
(h) CORRECTION TO SURPLUS PROPERTY AUTHOR-
ITY.—Section 47151(e) is amended by striking ‘‘(other 
than real property’’ and all that follows through ‘‘(10 
U.S.C. 2687 note))’’. 
(i) AIRPORT CAPACITY BENCHMARK REPORTS.—Sec-
tion 47175(2) is amended by striking ‘‘Airport Capacity 
Benchmark Report 2001’’ and inserting ‘‘2001 and 2004 
Airport Capacity Benchmark Reports or table 1 of the 
Federal Aviation Administration’s most recent airport ca-
pacity benchmark report’’. 
SEC. 153. AIRPORT MASTER PLANS. 
Section 47101 is amended by adding at the end the 
following: 
‘‘(i) ADDITIONAL GOALS
FOR AIRPORT MASTER 
PLANS.—In addition to the goals set forth in subsection 
(g)(2), the Secretary shall encourage airport sponsors and
State and local officials, through Federal Aviation Admin-
istration advisory circulars, to consider customer conven-
ience, airport ground access, and access to airport facili-
ties in airport master plans.’’. 
TITLE 
II—NEXT 
GENERATION 
AIR 
TRANSPORTATION 
SYS-
TEM AND AIR TRAFFIC CON-
TROL MODERNIZATION 
SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States faces a great national 
challenge as the Nation’s aviation infrastructure is 
at a crossroads. 
(2) The demand for aviation services, a critical 
element of the United States economy, vital in sup-
porting the quality of life of the people of the United 
States, and critical in support of the Nation’s de-
fense and national security, is growing at an ever in-
creasing rate. At the same time, the ability of the 
United States air transportation system to expand 
and change to meet this increasing demand is lim-
ited. 
(3) The aviation industry accounts for more 
than 11,000,000 jobs in the United States and con-
tributes approximately $741,000,000,000 annually 
to the United States gross domestic product. 
(4) The United States air transportation sys-
tem continues to drive economic growth in the 
United States and will continue to be a major eco-
nomic driver as air traffic triples over the next 20 
years. 
(5) The Next Generation Air Transportation 
System (in this section referred to as the ‘‘NextGen 
System’’) is the system for achieving long-term 
transformation of the United States air transpor-
tation system that focuses on developing and imple-
menting new technologies and that will set the stage 
for the long-term development of a scalable and 
more flexible air transportation system without com-
promising the unprecedented safety record of United 
States aviation. 
(6) The benefits of the NextGen System, in 
terms of promoting economic growth and develop-
ment, are enormous. 
(7) The NextGen System will guide the path of 
the United States air transportation system in the 
challenging years ahead. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) modernizing the air transportation system 
is a national priority and the United States must 
make a commitment to revitalizing this essential 
component of the Nation’s transportation infrastruc-
ture; 
(2) one fundamental requirement for the suc-
cess of the NextGen System is strong leadership and 
sufficient resources; 
(3) the Joint Planning and Development Office 
of the Federal Aviation Administration and the Next 
Generation Air Transportation System Senior Policy 
Committee, each established by Congress in 2003, 
will lead and facilitate this important national mis-
sion to ensure that the programs and capabilities of 
the NextGen System are carefully integrated and 
aligned; 
(4) Government agencies and industry must 
work together, carefully integrating and aligning 
their work to meet the needs of the NextGen System 
in the development of budgets, programs, planning, 
and research; 
(5) the Department of Transportation, the Fed-
eral Aviation Administration, the Department of De-
fense, the Department of Homeland Security, the 
Department of Commerce, and the National Aero-
nautics and Space Administration must work in co-
operation and make transformational improvements 
to the United States air transportation infrastruc-
ture a priority; and 
(6) due to the critical importance of the 
NextGen System to the economic and national secu-
rity of the United States, partner departments and 
agencies must be provided with the resources re-
quired to complete the implementation of the 
NextGen System. 
SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYS-
TEM JOINT PLANNING AND DEVELOPMENT 
OFFICE. 
(a) ESTABLISHMENT.— 
(1) ASSOCIATE ADMINISTRATOR FOR THE NEXT 
GENERATION AIR TRANSPORTATION SYSTEM.—Sec-
tion 709(a) of Vision 100—Century of Aviation Re-
authorization Act (49 U.S.C. 40101 note; 117 Stat. 
2582) is amended— 
(A) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; and 
(B) by inserting after paragraph (1) the 
following:
‘‘(2) The director of the Office shall be the Associate 
Administrator for the Next Generation Air Transportation 
System, who shall be appointed by the Administrator of 
the Federal Aviation Administration. The Associate Ad-
ministrator shall report to the Administrator.’’. 
(2) RESPONSIBILITIES.—Section 709(a)(3) of 
such Act (as redesignated by paragraph (1) of this 
subsection) is amended— 
(A) in subparagraph (G) by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (H) by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(I) establishing specific quantitative goals 
for the safety, capacity, efficiency, performance, 
and environmental impacts of each phase of 
Next Generation Air Transportation System im-
plementation activities and measuring actual 
operational experience against those goals, tak-
ing into account noise pollution reduction con-
cerns of affected communities to the greatest 
extent practicable in establishing the environ-
mental goals;
‘‘(J) working to ensure global interoper-
ability of the Next Generation Air Transpor-
tation System; 
‘‘(K) working to ensure the use of weather 
information and space weather information in 
the Next Generation Air Transportation System 
as soon as possible; 
‘‘(L) overseeing, with the Administrator of 
the Federal Aviation Administration, the selec-
tion of products or outcomes of research and 
development activities that would be moved to 
the next stage of a demonstration project; and 
‘‘(M) maintaining a baseline modeling and 
simulation environment for testing and evalu-
ating alternative concepts to satisfy Next Gen-
eration Air Transportation enterprise architec-
ture requirements.’’. 
(3) COOPERATION
WITH
OTHER
FEDERAL 
AGENCIES.—Section 709(a)(4) of such Act (as re-
designated by paragraph (1) of this subsection) is 
amended— 
(A) by striking ‘‘(4)’’ and inserting 
‘‘(4)(A)’’; and 
(B) by adding at the end the following:
‘‘(B) The Secretary of Defense, the Administrator of 
the National Aeronautics and Space Administration, the 
Secretary of Commerce, the Secretary of Homeland Secu-
rity, and the head of any other Federal agency from which 
the Secretary of Transportation requests assistance under 
subparagraph (A) shall designate a senior official in the 
agency to be responsible for— 
‘‘(i) carrying out the activities of the agency re-
lating to the Next Generation Air Transportation 
System in coordination with the Office, including the 
execution of all aspects of the work of the agency in 
developing and implementing the integrated work 
plan described in subsection (b)(5); 
‘‘(ii) serving as a liaison for the agency in ac-
tivities of the agency relating to the Next Generation 
Air Transportation System and coordinating with 
other Federal agencies involved in activities relating 
to the System; and 
‘‘(iii) ensuring that the agency meets its obliga-
tions as set forth in any memorandum of under-
standing executed by or on behalf of the agency re-
lating to the Next Generation Air Transportation 
System. 
‘‘(C) The head of a Federal agency referred to in sub-
paragraph (B) shall ensure that—
cute a memorandum of understanding with the Office obli-
gating that agency to carry out the activity.’’. 
(4) COORDINATION WITH OMB.—Section 709(a) 
of such Act (117 Stat. 2582) is further amended by 
adding at the end the following: 
‘‘(6)(A) The Office shall work with the Director of 
the Office of Management and Budget to develop a process 
whereby the Director will identify projects related to the 
Next Generation Air Transportation System across the 
agencies referred to in paragraph (4)(A) and consider the 
Next Generation Air Transportation System as a unified, 
cross-agency program. 
‘‘(B) The Director, to the maximum extent prac-
ticable, shall— 
‘‘(i) ensure that— 
‘‘(I) each Federal agency covered by the 
plan has sufficient funds requested in the Presi-
dent’s budget, as submitted under section 
1105(a) of title 31, United States Code, for 
each fiscal year covered by the plan to carry out 
its responsibilities under the plan; and 
‘‘(II) the development and implementation 
of the Next Generation Air Transportation Sys-
tem remains on schedule;
‘‘(ii) include, in the President’s budget, a state-
ment of the portion of the estimated budget of each 
Federal agency covered by the plan that relates to 
the activities of the agency under the Next Genera-
tion Air Transportation System initiative; and 
‘‘(iii) identify and justify as part of the Presi-
dent’s budget submission any inconsistencies be-
tween the plan and amounts requested in the budg-
et. 
‘‘(7) The Associate Administrator of the Next Gen-
eration Air Transportation System shall be a voting mem-
ber of the Joint Resources Council of the Federal Aviation 
Administration.’’. 
(b) INTEGRATED PLAN.—Section 709(b) of such Act 
(117 Stat. 2583) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘meets air’’ and inserting 
‘‘meets anticipated future air’’; and 
(B) by striking ‘‘beyond those currently in-
cluded in the Federal Aviation Administration’s 
operational evolution plan’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(3); 
(3) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and
(4) by adding at the end the following: 
‘‘(5) a multiagency integrated work plan for the 
Next Generation Air Transportation System that in-
cludes— 
‘‘(A) an outline of the activities required to 
achieve the end-state architecture, as expressed 
in the concept of operations and enterprise ar-
chitecture documents, that identifies each Fed-
eral agency or other entity responsible for each 
activity in the outline; 
‘‘(B) details on a year-by-year basis of spe-
cific accomplishments, activities, research re-
quirements, rulemakings, policy decisions, and 
other milestones of progress for each Federal 
agency or entity conducting activities relating to 
the Next Generation Air Transportation Sys-
tem; 
‘‘(C) for each element of the Next Genera-
tion Air Transportation System, an outline, on 
a year-by-year basis, of what is to be accom-
plished in that year toward meeting the Next 
Generation Air Transportation System’s end- 
state architecture, as expressed in the concept 
of operations and enterprise architecture docu-
ments, as well as identifying each Federal agen-
cy or other entity that will be responsible for 
each component of any research, development, 
or implementation program; 
‘‘(D) an estimate of all necessary expendi-
tures on a year-by-year basis, including a state-
ment of each Federal agency or entity’s respon-
sibility for costs and available resources, for 
each stage of development from the basic re-
search stage through the demonstration and im-
plementation phase; 
‘‘(E) a clear explanation of how each step 
in the development of the Next Generation Air 
Transportation System will lead to the following 
step and of the implications of not successfully 
completing a step in the time period described 
in the integrated work plan; 
‘‘(F) a transition plan for the implementa-
tion of the Next Generation Air Transportation 
System that includes date-specific milestones 
for the implementation of new capabilities into 
the national airspace system; 
‘‘(G) date-specific timetables for meeting 
the environmental goals identified in subsection 
(a)(3)(I); and
‘‘(H) a description of potentially signifi-
cant operational or workforce changes resulting 
from deployment of the Next Generation Air 
Transportation System.’’. 
(c) NEXTGEN
IMPLEMENTATION
PLAN.—Section 
709(d) of such Act (117 Stat. 2584) is amended to read 
as follows: 
‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The Ad-
ministrator of the Federal Aviation Administration shall 
develop and publish annually the document known as the 
‘NextGen Implementation Plan’, or any successor docu-
ment, that provides a detailed description of how the agen-
cy is implementing the Next Generation Air Transpor-
tation System.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
709(e) of such Act (117 Stat. 2584) is amended by strik-
ing ‘‘2010’’ and inserting ‘‘2012’’. 
(e) CONTINGENCY PLANNING.—The Associate Ad-
ministrator for the Next Generation Air Transportation 
System shall, as part of the design of the System, develop 
contingency plans for dealing with the degradation of the 
System in the event of a natural disaster, major equip-
ment failure, or act of terrorism.
SEC. 203. NEXT GENERATION AIR TRANSPORTATION SEN-
IOR POLICY COMMITTEE. 
(a) MEETINGS.—Section 710(a) of Vision 100—Cen-
tury of Aviation Reauthorization Act (49 U.S.C. 40101 
note; 117 Stat. 2584) is amended by inserting before the 
period at the end the following ‘‘and shall meet at least 
twice each year’’. 
(b) ANNUAL REPORT.—Section 710 of such Act (117 
Stat. 2584) is amended by adding at the end the following: 
‘‘(e) ANNUAL REPORT.— 
‘‘(1) SUBMISSION
TO
CONGRESS.—Not later 
than one year after the date of enactment of this 
subsection, and annually thereafter on the date of 
submission of the President’s budget request to Con-
gress under section 1105(a) of title 31, United 
States Code, the Secretary shall submit to the Com-
mittee on Transportation and Infrastructure and the 
Committee on Science and Technology of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
summarizing the progress made in carrying out the 
integrated work plan required by section 709(b)(5) 
and any changes in that plan. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a copy of the updated integrated 
work plan;
‘‘(B) a description of the progress made in 
carrying out the integrated work plan and any 
changes in that plan, including any changes 
based on funding shortfalls and limitations set 
by the Office of Management and Budget; 
‘‘(C) a detailed description of— 
‘‘(i) the success or failure of each item 
of the integrated work plan for the pre-
vious year and relevant information as to 
why any milestone was not met; and 
‘‘(ii) the impact of not meeting the 
milestone and what actions will be taken in 
the future to account for the failure to 
complete the milestone; 
‘‘(D) an explanation of any change to fu-
ture years in the integrated work plan and the 
reasons for such change; and 
‘‘(E) an identification of the levels of fund-
ing for each agency participating in the inte-
grated work plan devoted to programs and ac-
tivities under the plan for the previous fiscal 
year and in the President’s budget request.’’. 
SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROAD-
CAST SERVICES. 
(a) REPORT ON FAA PROGRAM AND SCHEDULE.—
(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration shall prepare a re-
port detailing the program and schedule for inte-
grating automatic dependent surveillance-broadcast 
(in this section referred to as ‘‘ADS-B’’) technology 
into the national airspace system. 
(2) CONTENTS.—The report shall include— 
(A) a description of segment 1 and seg-
ment 2 activity to acquire ADS-B services; 
(B) a description of plans for implementa-
tion of advanced operational procedures and 
ADS-B air-to-air applications; 
(C) a description of possible options for ex-
panding 
surveillance 
coverage 
beyond 
the 
ground stations currently under contract, in-
cluding enhanced ground signal coverage at air-
ports; and 
(D) a detailed description of the protec-
tions that the Administration will require as 
part of any contract or program in the event of 
a contractor’s default, bankruptcy, acquisition 
by another entity, or any other event jeopard-
izing the uninterrupted provision of ADS-B 
services.
(3) SUBMISSION TO CONGRESS.—Not later than 
90 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 Commerce, 
Science, and Transportation of the Senate the report 
prepared under paragraph (1). 
(b) REQUIREMENTS OF FAA CONTRACTS FOR ADS- 
B SERVICES.—Any contract entered into by the Adminis-
trator with an entity to acquire ADS-B services shall con-
tain terms and conditions that— 
(1) require approval by the Administrator be-
fore the contract may be assigned to or assumed by 
another entity, including any successor entity, sub-
sidiary of the contractor, or other corporate entity; 
(2) provide that the assets, equipment, hard-
ware, and software used in the performance of the 
contract be designated as critical national infrastruc-
ture for national security and related purposes; 
(3) require the contractor to provide continued 
broadcast services for a reasonable period, as deter-
mined by the Administrator, until the provision of 
such services can be transferred to another vendor 
or to the Government in the event of a termination 
of the contract;
(4) require the contractor to provide continued 
broadcast services for a reasonable period, as deter-
mined by the Administrator, until the provision of 
such services can be transferred to another vendor 
or to the Government in the event of material non-
performance, as determined by the Administrator; 
and 
(5) permit the Government to acquire or utilize 
for a reasonable period, as determined by the Ad-
ministrator, the assets, equipment, hardware, and 
software necessary to ensure the continued and un-
interrupted provision of ADS-B services and to have 
ready access to such assets, equipment, hardware, 
and software through its own personnel, agents, or 
others, if the Administrator provides reasonable 
compensation for such acquisition or utilization. 
(c) REVIEW BY DOT INSPECTOR GENERAL.— 
(1) IN
GENERAL.—The Inspector General of 
the Department of Transportation shall conduct a 
review concerning the Federal Aviation Administra-
tion’s award and oversight of any contract entered 
into by the Administration to provide ADS-B serv-
ices for the national airspace system. 
(2) CONTENTS.—The review shall include, at a 
minimum—
(A) an examination of how program risks 
are being managed; 
(B) an assessment of expected benefits at-
tributable to the deployment of ADS-B services, 
including the implementation of advanced oper-
ational procedures and air-to-air applications as 
well as to the extent to which ground radar will 
be retained; 
(C) a determination of whether the Admin-
istration has established sufficient mechanisms 
to ensure that all design, acquisition, operation, 
and maintenance requirements have been met 
by the contractor; 
(D) an assessment of whether the Admin-
istration and any contractors are meeting cost, 
schedule, and performance milestones, as meas-
ured against the original baseline of the Admin-
istration’s program for providing ADS-B serv-
ices; 
(E) an assessment of whether security 
issues are being adequately addressed in the 
overall design and implementation of the ADS- 
B system; and 
(F) any other matters or aspects relating 
to contract implementation and oversight that
the Inspector General determines merit atten-
tion. 
(3) REPORTS
TO
CONGRESS.—The Inspector 
General shall periodically, on at least an annual 
basis, 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 subsection. 
SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC 
CONTROL MODERNIZATION PROJECTS. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall establish a process for in-
cluding in the planning, development, and deployment of 
air traffic control modernization projects (including the 
Next Generation Air Transportation System) and collabo-
rating with qualified employees selected by each exclusive 
collective bargaining representative of employees of the 
Administration who are likely to be impacted by such plan-
ning, development, and deployment. 
(b) PARTICIPATION.— 
(1) BARGAINING OBLIGATIONS AND RIGHTS.— 
Participation in the process described in subsection 
(a) shall not be construed as a waiver of any bar-
gaining 
obligations 
or 
rights 
under 
section
40122(a)(1) or 40122(g)(2)(C) of title 49, United 
States Code. 
(2) CAPACITY AND COMPENSATION.—Exclusive 
collective bargaining representatives and selected 
employees participating in the process described in 
subsection (a) shall— 
(A) serve in a collaborative and advisory 
capacity; and 
(B) receive appropriate travel and per 
diem expenses in accordance with the travel 
policies of the Administration in addition to any 
regular compensation and benefits. 
(c) REPORT.—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 
Commerce, Science, and Transportation of the Senate a 
report on the implementation of this section. 
SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH 
TRANSFORMING TO THE NEXT GENERATION 
AIR TRANSPORTATION SYSTEM. 
(a) IN GENERAL.—The Comptroller General shall 
conduct a review of the progress and challenges associated 
with transforming the Nation’s air traffic control system
into the Next Generation Air Transportation System (in 
this section referred to as the ‘‘NextGen System’’). 
(b) REVIEW.—The review shall include the following: 
(1) An evaluation of the continued implementa-
tion and institutionalization of the processes that are 
key to the ability of the Air Traffic Organization to 
effectively maintain management structures and sys-
tems acquisitions procedures utilized under the cur-
rent air traffic control modernization program as a 
basis for the NextGen System. 
(2) An assessment of the progress and chal-
lenges associated with collaboration and contribu-
tions of the partner agencies working with the Joint 
Planning and Development Office of the Federal 
Aviation Administration (in this section referred to 
as the ‘‘JPDO’’) in planning and implementing the 
NextGen System. 
(3) The progress and challenges associated with 
coordinating government and industry stakeholders 
in activities relating to the NextGen System, includ-
ing an assessment of the contributions of the 
NextGen Institute. 
(4) An assessment of planning and implementa-
tion of the NextGen System against established 
schedules, milestones, and budgets.
(5) An evaluation of the recently modified orga-
nizational structure of the JPDO. 
(6) An examination of transition planning by 
the Air Traffic Organization and the JPDO. 
(7) Any other matters or aspects of planning 
and coordination of the NextGen System by the 
Federal Aviation Administration and the JPDO that 
the Comptroller General determines appropriate. 
(c) REPORTS.— 
(1) REPORT TO CONGRESS ON PRIORITIES.— 
Not later than one year after the date of enactment 
of this Act, the Comptroller General shall determine 
the priority of topics to be reviewed under this sec-
tion and report such priorities to the Committee on 
Transportation and Infrastructure and the Com-
mittee on Science and Technology of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
(2) PERIODIC REPORTS TO CONGRESS ON RE-
SULTS OF THE REVIEW.—The Comptroller General 
shall periodically submit to the committees referred 
to in paragraph (1) a report on the results of the 
review conducted under this section.
SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANS-
PORTATION SYSTEM ACQUISITION AND PRO-
CEDURES DEVELOPMENT. 
(a) STUDY.—The Comptroller General shall conduct 
a review of the progress made and challenges related to 
the acquisition of designated technologies and the develop-
ment of procedures for the Next Generation Air Transpor-
tation System (in this section referred to as the ‘‘NextGen 
System’’). 
(b) SPECIFIC SYSTEMS REVIEW.—The review shall 
include, at a minimum, an examination of the acquisition 
costs, schedule, and other relevant considerations for the 
following systems: 
(1) 
En 
Route 
Automation 
Modernization 
(ERAM). 
(2) Standard Terminal Automation Replace-
ment System/Common Automated Radar Terminal 
System (STARS/CARTS). 
(3) Automatic Dependent Surveillance-Broad-
cast (ADS-B). 
(4) System Wide Information Management 
(SWIM). 
(5) Traffic Flow Management Modernization 
(TFM-M). 
(c) REVIEW.—The review shall include, at a min-
imum, an assessment of the progress and challenges re-
lated to the development of standards, regulations, and 
procedures that will be necessary to implement the 
NextGen System, including required navigation perform-
ance, area navigation, the airspace management program, 
and other programs and procedures that the Comptroller 
General identifies as relevant to the transformation of the 
air traffic system. 
(d) PERIODIC REPORTS TO CONGRESS ON RESULTS 
OF THE REVIEW.—The Comptroller General shall periodi-
cally submit to the Committee on Transportation and In-
frastructure and the Committee on Science and Tech-
nology 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. 
SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPER-
ATIONAL AND APPROACH PROCEDURES BY A 
THIRD PARTY. 
(a) REVIEW.—The Inspector General of the Depart-
ment of Transportation shall conduct a review regarding 
the effectiveness of the oversight activities conducted by 
the Federal Aviation Administration in connection with 
any agreement with or delegation of authority to a third 
party for the development of flight procedures, including 
public use procedures, for the national airspace system.
(b) ASSESSMENTS.—The Inspector General shall in-
clude, at a minimum, in the review— 
(1) an assessment of the extent to which the 
Federal Aviation Administration is relying or in-
tends to rely on a third party for the development 
of new procedures and a determination of whether 
the Administration has established sufficient mecha-
nisms and staffing to provide safety oversight func-
tions, which may include quality assurance proc-
esses, flight checks, integration of procedures into 
the National Aviation System, and operational as-
sessments of procedures developed by third parties; 
and 
(2) an assessment regarding whether the Ad-
ministration has sufficient existing personnel and 
technical resources or mechanisms to develop such 
flight procedures in a safe and efficient manner to 
meet the demands of the national airspace system 
without the use of third party resources. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Inspector General shall sub-
mit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report on the results of the review conducted under this
section, including the assessments described in subsection 
(b). 
SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE 
FOR 
NEXT 
GENERATION 
AIR 
TRANSPOR-
TATION SYSTEM. 
(a) REVIEW.—The Administrator of the Federal 
Aviation Administration shall enter into an arrangement 
with the National Research Council to review the enter-
prise architecture for the Next Generation Air Transpor-
tation System. 
(b) CONTENTS.—At a minimum, the review to be 
conducted under subsection (a) shall— 
(1) highlight the technical activities, including 
human-system design, organizational design, and 
other safety and human factor aspects of the system, 
that will be necessary to successfully transition cur-
rent and planned modernization programs to the fu-
ture system envisioned by the Joint Planning and 
Development Office of the Administration; 
(2) assess technical, cost, and schedule risk for 
the software development that will be necessary to 
achieve the expected benefits from a highly auto-
mated air traffic management system and the impli-
cations for ongoing modernization projects; and
(3) include judgments on how risks with auto-
mation efforts for the Next Generation Air Trans-
portation System can be mitigated based on the ex-
periences of other public or private entities in devel-
oping complex, software-intensive systems. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report containing the results of the review 
conducted pursuant to subsection (a). 
SEC. 210. NEXTGEN TECHNOLOGY TESTBED. 
Of amounts appropriated under section 48101(a) of 
title 49, United States Code, the Administrator of the 
Federal Aviation Administration shall use such sums as 
may be necessary for each of the fiscal years 2010 through 
2012 to contribute to the establishment by a public-private 
partnership (including a university component with sig-
nificant aviation expertise in air traffic management, sim-
ulation, meteorology, and engineering and aviation busi-
ness) an airport-based testing site for existing Next Gen-
eration Air Transport System technologies. The Adminis-
trator shall ensure that next generation air traffic control 
integrated systems developed by private industries are in-
stalled at the site for demonstration, operational research, 
and evaluation by the Administration. The testing site
shall serve a mix of general aviation and commercial traf-
fic. 
SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO 
REIMBURSABLE AGREEMENTS. 
Section 106(m) is amended in the last sentence by 
inserting ‘‘with or’’ before ‘‘without reimbursement’’. 
SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY. 
Section 40102(a)(4) is amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); 
(2) by striking subparagraphs (B) and (C) and 
inserting the following: 
‘‘(B) runway lighting and airport surface 
visual and other navigation aids; 
‘‘(C) aeronautical and meteorological infor-
mation to air traffic control facilities or air-
craft; 
‘‘(D) communication, navigation, or sur-
veillance equipment for air-to-ground or air-to- 
air applications;’’; 
(3) in subparagraph (E) (as redesignated by 
paragraph (1) of this section)— 
(A) by striking ‘‘another structure’’ and 
inserting ‘‘any structure, equipment,’’; and
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(F) buildings, equipment, and systems 
dedicated to the national airspace system.’’. 
SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVEN-
TORY. 
Section 40110(a)(2) is amended by striking ‘‘com-
pensation’’ and inserting ‘‘compensation, and the amount 
received shall be credited as an offsetting collection to the 
account from which the amount was expended and shall 
remain available until expended’’. 
SEC. 214. CLARIFICATION TO ACQUISITION REFORM AU-
THORITY. 
Section 40110(c) is amended— 
(1) by striking the semicolon at the end of 
paragraph (3) and inserting ‘‘; and’’; 
(2) by striking paragraph (4); and 
(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORI-
TIES. 
Section 40113(e) is amended— 
(1) in paragraph (1)—
(A) by inserting ‘‘public and private’’ be-
fore ‘‘foreign aviation authorities’’; and 
(B) by striking the period at the end of the 
first sentence and inserting ‘‘or efficiency. The 
Administrator may participate in, and submit 
offers in response to, competitions to provide 
such services and may contract with foreign 
aviation authorities to provide such services 
consistent with section 106(l)(6). Notwith-
standing any other provision of law or policy, 
the Administrator may accept payments re-
ceived under this subsection in arrears.’’; and 
(2) in paragraph (3) by striking ‘‘credited’’ and 
all that follows through the period at the end and 
inserting ‘‘credited as an offsetting collection to the 
account from which the expenses were incurred in 
providing such services and shall remain available 
until expended.’’. 
SEC. 216. FRONT LINE MANAGER STAFFING. 
(a) STUDY.—Not later than 90 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall initiate a study on front line 
manager staffing requirements in air traffic control facili-
ties.
(b) CONSIDERATIONS.—In conducting the study, the 
Administrator shall take into consideration— 
(1) the number of supervisory positions of oper-
ation requiring watch coverage in each air traffic 
control facility; 
(2) coverage requirements in relation to traffic 
demand; 
(3) facility type; 
(4) complexity of traffic and managerial respon-
sibilities; 
(5) proficiency and training requirements; and 
(6) such other factors as the Administrator con-
siders appropriate. 
(c) DETERMINATIONS.—The Administrator shall 
transmit any determinations made as a result of the study 
to the Chief Operating Officer for the air traffic control 
system. 
(d) REPORT.—Not later than one year 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 
Commerce, Science, and Transportation of the Senate a 
report on the results of the study and a description of any 
determinations submitted to the Chief Operating Officer 
under subsection (c).
100 
SEC. 217. FLIGHT SERVICE STATIONS. 
(a) ESTABLISHMENT OF MONITORING SYSTEM.—Not 
later than 60 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration 
shall develop and implement a monitoring system for flight 
service specialist staffing and training under service con-
tracts for flight service stations. 
(b) COMPONENTS.—At a minimum, the monitoring 
system shall include mechanisms to monitor— 
(1) flight specialist staffing plans for individual 
facilities; 
(2) actual staffing levels for individual facilities; 
(3) the initial and recurrent certification and 
training of flight service specialists on the safety, 
operational, and technological aspects of flight serv-
ices, including any certification and training nec-
essary to meet user demand; and 
(4) system outages, excessive hold times, 
dropped calls, poor quality briefings, and any other 
safety or customer service issues under a contract 
for flight service station services. 
(c) REPORT TO CONGRESS.—Not later than 90 days 
after the date of enactment of this Act, the Administrator 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
101 
mittee on Commerce, Science, and Transportation of the 
Senate a report containing— 
(1) a description of monitoring system; 
(2) if the Administrator determines that con-
tractual changes or corrective actions are required 
for the Administration to ensure that the vendor 
under a contract for flight service station services 
provides safe and high quality service to consumers, 
a description of the changes or actions required; and 
(3) a description of the contingency plans of the 
Administrator and the protections that the Adminis-
trator will have in place to provide uninterrupted 
flight service station services in the event of— 
(A) material non-performance of the con-
tract; 
(B) a vendor’s default, bankruptcy, or ac-
quisition by another entity; or 
(C) any other event that could jeopardize 
the uninterrupted provision of flight service sta-
tion services. 
SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CEN-
TER OF EXCELLENCE. 
(a) ESTABLISHMENT.—Of the amount appropriated 
under section 48101(a) of title 49, United States Code, 
the Administrator of the Federal Aviation Administration
102 
shall use such sums as may be necessary for each of fiscal 
years 2010 through 2012 to contribute to the establish-
ment of a center of excellence for the research and devel-
opment of Next Generation Air Transportation System 
technologies. 
(b) FUNCTIONS.—The center established under sub-
section (a) shall— 
(1) leverage the centers of excellence program 
of the Federal Aviation Administration, as well as 
other resources and partnerships, to enhance the de-
velopment of Next Generation Air Transportation 
System technologies within academia and industry; 
and 
(2) provide educational, technical, and analyt-
ical assistance to the Federal Aviation Administra-
tion and other Federal agencies with responsibilities 
to research and develop Next Generation Air Trans-
portation System technologies. 
SEC. 219. AIRSPACE REDESIGN. 
(a) FINDINGS.—Congress finds the following: 
(1) The airspace redesign efforts of the Federal 
Aviation Administration will play a critical near- 
term role in enhancing capacity, reducing delays, 
transitioning to more flexible routing, and ultimately
103 
saving money in fuel costs for airlines and airspace 
users. 
(2) The critical importance of airspace redesign 
efforts is underscored by the fact that they are high-
lighted in strategic plans of the Administration, in-
cluding Flight Plan 2009–2013 and the document 
known as the ‘‘NextGen Implementation Plan’’. 
(3) Funding cuts have led to delays and defer-
rals of critical capacity enhancing airspace redesign 
efforts. 
(4) Several new runways planned for the period 
of fiscal years 2010 to 2012 will not provide esti-
mated capacity benefits without additional funds. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts authorized by section 106(k) of title 49, 
United States Code, there are authorized to be appro-
priated to the Administrator of the Federal Aviation Ad-
ministration $20,000,000 for each of fiscal years 2010, 
2011, and 2012 to carry out such airspace redesign initia-
tives as the Administrator determines appropriate. 
(c) ADDITIONAL AMOUNTS.—Of the amounts appro-
priated under section 48101(a) of such title, the Adminis-
trator may use $5,000,000 for each of fiscal years 2010, 
2011, and 2012 to carry out such airspace redesign initia-
tives as the Administrator determines appropriate.
104 
TITLE III—SAFETY 
Subtitle A—General Provisions 
SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER-
TIFICATES. 
(a) JUDICIAL REVIEW OF NTSB DECISIONS.—Sec-
tion 44703(d) is amended by adding at the end the fol-
lowing: 
‘‘(3) JUDICIAL REVIEW.—A person who is sub-
stantially affected by an order of the Board under 
this subsection, or the Administrator if the Adminis-
trator decides that an order of the Board will have 
a significant adverse impact on carrying out this 
subtitle, may seek judicial review of the order under 
section 46110. The Administrator shall be made a 
party to the judicial review proceedings. The find-
ings of fact of the Board in any such case are con-
clusive if supported by substantial evidence.’’. 
(b) CONFORMING AMENDMENT.—Section 1153(c) is 
amended by striking ‘‘section 44709 or’’ and inserting 
‘‘section 44703(d), 44709, or’’. 
SEC. 302. RELEASE OF DATA RELATING TO ABANDONED 
TYPE CERTIFICATES AND SUPPLEMENTAL 
TYPE CERTIFICATES. 
(a) RELEASE OF DATA.—Section 44704(a) is amend-
ed by adding at the end the following:
105 
‘‘(5) RELEASE OF DATA.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, the Administrator may 
make available upon request to a person seek-
ing to maintain the airworthiness of an aircraft, 
engine, propeller, or appliance, engineering data 
in the possession of the Administration relating 
to a type certificate or a supplemental type cer-
tificate for such aircraft, engine, propeller, or 
appliance, without the consent of the owner of 
record, if the Administrator determines that— 
‘‘(i) the certificate containing the re-
quested data has been inactive for 3 or 
more years; 
‘‘(ii) after using due diligence, the Ad-
ministrator is unable to find the owner of 
record, or the owner of record’s heir, of the 
type certificate or supplemental certificate; 
and 
‘‘(iii) making such data available will 
enhance aviation safety. 
‘‘(B) ENGINEERING
DATA
DEFINED.—In 
this section, the term ‘engineering data’ as used 
with respect to an aircraft, engine, propeller, or 
appliance means type design drawing and speci-
106 
fications for the entire aircraft, engine, pro-
peller, or appliance or change to the aircraft, 
engine, propeller, or appliance, including the 
original design data, and any associated sup-
plier data for individual parts or components 
approved as part of the particular certificate for 
the aircraft engine, propeller, or appliance.’’. 
(b) DESIGN ORGANIZATION CERTIFICATES.—Section 
44704(e)(1) is amended by striking ‘‘Beginning 7 years 
after the date of enactment of this subsection,’’ and insert-
ing ‘‘Beginning January 1, 2014,’’. 
SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS. 
(a) IN GENERAL.—Chapter 447 is amended by add-
ing at the end the following: 
‘‘§ 44730. Inspection of foreign repair stations 
‘‘(a) IN GENERAL.—Not later than one year after the 
date of enactment of this section, and annually thereafter, 
the Administrator of the Federal Aviation Administration 
shall— 
‘‘(1) submit to Congress a certification that 
each foreign repair station that is certified by the 
Administrator under part 145 of title 14, Code of 
Federal Regulations, and performs work on air car-
rier aircraft or components has been inspected by
107 
safety inspectors of the Administration not fewer 
than 2 times in the preceding calendar year; 
‘‘(2) modify the certification requirements 
under such part to include testing for the use of al-
cohol or a controlled substance in accordance with 
section 45102 of any individual performing a safety- 
sensitive function at a foreign aircraft repair station, 
including an individual working at a station of a 
third-party with whom an air carrier contracts to 
perform work on air carrier aircraft or components; 
and 
‘‘(3) continue to hold discussions with countries 
that have foreign repair stations that perform work 
on air carrier aircraft and components to ensure 
harmonization of the safety standards of such coun-
tries with those of the United States, including 
standards governing maintenance requirements, edu-
cation and licensing of maintenance personnel, train-
ing, oversight, and mutual inspection of work sites. 
‘‘(b) REGULATORY AUTHORITY WITH RESPECT TO 
CERTAIN FOREIGN REPAIR STATIONS.—With respect to 
repair stations that are located in countries that are party 
to the agreement entitled ‘‘Agreement between the United 
States of America and the European Community on Co-
operation in the Regulation of Civil Aviation Safety’’,
108 
dated June 30, 2008, the requirements of subsection (a) 
are an exercise of the rights of the United States under 
paragraph A of Article 15 of the Agreement, which pro-
vides that nothing in the Agreement shall be construed 
to limit the authority of a party to determine through its 
legislative, regulatory, and administrative measures, the 
level of protection it considers appropriate for civil avia-
tion safety.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘44730. Inspection of foreign repair stations.’’. 
SEC. 304. RUNWAY SAFETY. 
(a) STRATEGIC RUNWAY SAFETY PLAN.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall 
develop and submit to Congress a report containing 
a strategic runway safety plan. 
(2) CONTENTS OF PLAN.—The strategic run-
way safety plan— 
(A) shall include, at a minimum— 
(i) goals to improve runway safety; 
(ii) near- and longer-term actions de-
signed to reduce the severity, number, and 
rate of runway incursions;
109 
(iii) timeframes and resources needed 
for the actions described in clause (ii); and 
(iv) a continuous evaluative process to 
track performance toward the goals re-
ferred to in clause (i); and 
(B) shall address the increased runway 
safety risk associated with the expected in-
creased volume of air traffic. 
(b) PLAN FOR INSTALLATION AND DEPLOYMENT OF 
SYSTEMS TO PROVIDE ALERTS OF POTENTIAL RUNWAY 
INCURSIONS.—Not later than December 31, 2009, the Ad-
ministrator of the Federal Aviation Administration shall 
submit to Congress a report containing a plan for the in-
stallation and deployment of systems the Administration 
is installing to alert controllers or flight crews, or both, 
of potential runway incursions. The plan shall be inte-
grated into the annual NextGen Implementation Plan doc-
ument of the Administration or any successor document. 
SEC. 305. IMPROVED PILOT LICENSES. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall begin to issue im-
proved pilot licenses consistent with the requirements of 
title 49, United States Code, and title 14, Code of Federal 
Regulations.
110 
(b) REQUIREMENTS.—Improved pilots licenses issued 
under subsection (a) shall— 
(1) be resistant to tampering, alteration, and 
counterfeiting; 
(2) include a photograph of the individual to 
whom the license is issued; and 
(3) be capable of accommodating a digital pho-
tograph, a biometric identifier, or any other unique 
identifier that the Administrator considers nec-
essary. 
(c) TAMPERING.—To the extent practical, the Admin-
istrator shall develop methods to determine or reveal 
whether any component or security feature of a license 
issued under subsection (a) has been tampered, altered, 
or counterfeited. 
(d) USE OF DESIGNEES.—The Administrator may 
use designees to carry out subsection (a) to the extent fea-
sible in order to minimize the burdens on pilots. 
(e) REPORT.—Not later than 9 months after the date 
of enactment of this Act and every 6 months thereafter 
until September 30, 2012, 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
111 
report on the issuance of improved pilot licenses under this 
section. 
SEC. 306. FLIGHT CREW FATIGUE. 
(a) IN GENERAL.—Not later than 3 months after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall conclude arrange-
ments with the National Academy of Sciences for a study 
of pilot fatigue. 
(b) STUDY.—The study shall include consideration 
of— 
(1) research on pilot fatigue, sleep, and circa-
dian rhythms; 
(2) sleep and rest requirements of pilots rec-
ommended by the National Aeronautics and Space 
Administration and the National Transportation 
Safety Board; and 
(3) Federal Aviation Administration and inter-
national standards regarding flight limitations and 
rest for pilots. 
(c) REPORT.—Not later than 18 months after initi-
ating the study, the National Academy of Sciences shall 
submit to the Administrator a report containing its find-
ings and recommendations regarding the study under sub-
sections (a) and (b), including recommendations with re-
spect to Federal Aviation Administration regulations gov-
112 
erning flight time limitations and rest requirements for 
pilots. 
(d) RULEMAKING.—After the Administrator receives 
the report of the National Academy of Sciences, the Ad-
ministrator shall consider the findings in the report and 
update as appropriate based on scientific data Federal 
Aviation Administration regulations governing flight time 
limitations and rest requirements for pilots. 
(e) FLIGHT ATTENDANT FATIGUE.— 
(1) 
STUDY.—The 
Administrator, 
acting 
through the Civil Aerospace Medical Institute, shall 
conduct a study on the issue of flight attendant fa-
tigue. 
(2) CONTENTS.—The study shall include the 
following: 
(A) A survey of field operations of flight 
attendants. 
(B) A study of incident reports regarding 
flight attendant fatigue. 
(C) Field research on the effects of such 
fatigue. 
(D) A validation of models for assessing 
flight attendant fatigue.
113 
(E) A review of international policies and 
practices regarding flight limitations and rest of 
flight attendants. 
(F) An analysis of potential benefits of 
training flight attendants regarding fatigue. 
(3) REPORT.—Not later than June 30, 2010, 
the Administrator shall submit to Congress a report 
on the results of the study. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 307. OCCUPATIONAL SAFETY AND HEALTH STAND-
ARDS FOR FLIGHT ATTENDANTS ON BOARD 
AIRCRAFT. 
(a) IN GENERAL.—Chapter 447 (as amended by sec-
tion 303 of this Act) is further amended by adding at the 
end the following: 
‘‘§ 44731. Occupational safety and health standards 
for flight attendants on board aircraft 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall prescribe and enforce 
standards and regulations to ensure the occupational safe-
ty and health of individuals serving as flight attendants 
in the cabin of an aircraft of an air carrier.
114 
‘‘(b) STANDARDS
AND REGULATIONS.—Standards 
and regulations issued under this section shall require 
each air carrier operating an aircraft in air transpor-
tation— 
‘‘(1) to provide for an environment in the cabin 
of the aircraft that is free from hazards that could 
cause physical harm to a flight attendant working in 
the cabin; and 
‘‘(2) to meet minimum standards for the occu-
pational safety and health of flight attendants who 
work in the cabin of the aircraft. 
‘‘(c) RULEMAKING.—In carrying out this section, the 
Administrator shall conduct a rulemaking proceeding to 
address, at a minimum, the following areas: 
‘‘(1) Record keeping. 
‘‘(2) Blood borne pathogens. 
‘‘(3) Noise. 
‘‘(4) Sanitation. 
‘‘(5) Hazard communication. 
‘‘(6) Anti-discrimination. 
‘‘(7) Access to employee exposure and medical 
records. 
‘‘(8) Temperature standards for the aircraft 
cabin. 
‘‘(d) REGULATIONS.—
115 
‘‘(1) DEADLINE.—Not later than 3 years after 
the date of enactment of this section, the Adminis-
trator shall issue final regulations to carry out this 
section. 
‘‘(2) CONTENTS.—Regulations issued under 
this subsection shall address each of the issues iden-
tified in subsection (c) and others aspects of the en-
vironment of an aircraft cabin that may cause illness 
or injury to a flight attendant working in the cabin. 
‘‘(3) EMPLOYER ACTIONS TO ADDRESS OCCUPA-
TIONAL SAFETY AND HEALTH HAZARDS.—Regula-
tions issued under this subsection shall set forth 
clearly the circumstances under which an air carrier 
is required to take action to address occupational 
safety and health hazards. 
‘‘(e) ADDITIONAL RULEMAKING PROCEEDINGS.— 
After issuing regulations under subsection (c), the Admin-
istrator may conduct additional rulemaking proceedings as 
the Administrator determines appropriate to carry out this 
section. 
‘‘(f) OVERSIGHT.— 
‘‘(1) 
CABIN
OCCUPATIONAL
SAFETY
AND 
HEALTH INSPECTORS.—The Administrator shall es-
tablish the position of Cabin Occupational Safety 
and Health Inspector within the Federal Aviation
116 
Administration and shall employ individuals with ap-
propriate qualifications and expertise to serve in the 
position. 
‘‘(2) RESPONSIBILITIES.—Inspectors employed 
under this subsection shall be solely responsible for 
conducting proper oversight of air carrier programs 
implemented under this section. 
‘‘(g) CONSULTATION.—In developing regulations 
under this section, the Administrator shall consult with 
the Administrator of the Occupational Safety and Health 
Administration, labor organizations representing flight at-
tendants, air carriers, and other interested persons. 
‘‘(h) SAFETY PRIORITY.—In developing and imple-
menting regulations under this section, the Administrator 
shall give priority to the safe operation and maintenance 
of an aircraft. 
‘‘(i) FLIGHT ATTENDANT DEFINED.—In this section, 
the term ‘flight attendant’ has the meaning given that 
term by section 44728. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated such sums as may be nec-
essary to carry out this section. Such sums shall remain 
available until expended.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 447 is amended by adding at the end the following:
117 
‘‘44731. Occupational safety and health standards for flight attendants on board 
aircraft.’’. 
SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS 
AREAS. 
(a) ESTABLISHMENT.—The Administrator of the 
Federal Aviation Administration may establish a pilot pro-
gram to improve safety and efficiency by providing surveil-
lance for aircraft flying outside of radar coverage in moun-
tainous areas. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. Such sums shall remain 
available until expended. 
SEC. 309. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATH-
ER OBSERVATION TECHNOLOGY. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a review of off-airport, 
low-altitude aircraft weather observation technologies. 
(b) SPECIFIC REVIEW.—The review shall include, at 
a minimum, an examination of off-airport, low-altitude 
weather reporting needs, an assessment of technical alter-
natives (including automated weather observation sta-
tions), an investment analysis, and recommendations for 
improving weather reporting.
118 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report containing the results of the review. 
SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS. 
(a) ISSUANCE OF REGULATIONS.—Not later than 3 
years after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall issue 
regulations requiring that all covered maintenance work 
on aircraft used to provide air transportation under part 
121 of title 14, Code of Federal Regulations, be performed 
by individuals in accordance with subsection (b). 
(b) PERSONS AUTHORIZED TO PERFORM CERTAIN 
WORK.—Covered maintenance work for a part 121 air 
carrier shall only be performed by— 
(1) an individual employed by the air carrier; 
(2) an individual employed by another part 121 
air carrier; 
(3) an individual employed by a part 145 repair 
station; or 
(4) an individual employed by a company that 
provides contract maintenance workers to a part 145 
repair station or part 121 air carrier, if the indi-
vidual— 
(A) meets the requirements of the part 
145 repair station or the part 121 air carrier;
119 
(B) works under the direct supervision and 
control of the part 145 repair station or part 
121 air carrier; and 
(C) carries out the work in accordance 
with the part 121 air carrier’s maintenance 
manual and, if applicable, the part 145 certifi-
cate holder’s repair station and quality control 
manuals. 
(c) PLAN.— 
(1) DEVELOPMENT.—The Administrator shall 
develop a plan to— 
(A) require air carriers to identify and pro-
vide to the Administrator a complete listing of 
all noncertificated maintenance providers that 
perform, before the effective date of the regula-
tions to be issued under subsection (a), covered 
maintenance work on aircraft used to provide 
air transportation under part 121 of title 14, 
Code of Federal Regulations; 
(B) validate the lists that air carriers pro-
vide under subparagraph (A) by sampling air 
carrier records, such as maintenance activity re-
ports and general vendor listings; and 
(C) include surveillance and oversight by 
field inspectors of the Federal Aviation Admin-
120 
istration for all noncertificated maintenance 
providers that perform covered maintenance 
work on aircraft used to provide air transpor-
tation in accordance with such part 121. 
(2) REPORT TO CONGRESS.—Not later than 6 
months after the date of enactment of this Act, the 
Administrator shall transmit to Congress a report 
containing the plan developed under paragraph (1). 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED MAINTENANCE WORK.—The term 
‘‘covered maintenance work’’ means maintenance 
work that is essential, regularly scheduled, or a re-
quired inspection item, as determined by the Admin-
istrator. 
(2) PART 121 AIR CARRIER.—The term ‘‘part 
121 air carrier’’ means an air carrier that holds a 
certificate issued under part 121 of title 14, Code of 
Federal Regulations. 
(3) PART
145
REPAIR
STATION.—The term 
‘‘part 145 repair station’’ means a repair station 
that holds a certificate issued under part 145 of title 
14, Code of Federal Regulations. 
(4) NONCERTIFICATED
MAINTENANCE
PRO-
VIDER.—The term ‘‘noncertificated maintenance
121 
provider’’ means a maintenance provider that does 
not hold a certificate issued under part 121 or part 
145 of title 14 Code of Federal Regulations. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary for the Administrator to hire additional field safety 
inspectors to ensure adequate and timely inspection of 
maintenance providers that perform covered maintenance 
work. 
SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STAND-
ARDS. 
(a) RULEMAKING PROCEEDING.—Not later than 180 
days after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall initiate 
a rulemaking proceeding for the purpose of issuing a pro-
posed and final rule that revises the aircraft rescue and 
firefighting standards (‘‘ARFF’’) under part 139 of title 
14, Code of Federal Regulations, to improve the protection 
of the traveling public, other persons, aircraft, buildings, 
and the environment from fires and hazardous materials 
incidents. 
(b) CONTENTS OF PROPOSED AND FINAL RULE.— 
The proposed and final rule to be issued under subsection 
(a) shall address the following:
122 
(1) The mission of aircraft rescue and fire-
fighting personnel, including responsibilities for pas-
senger egress in the context of other Administration 
requirements. 
(2) The proper level of staffing. 
(3) The timeliness of a response. 
(4) The handling of hazardous materials inci-
dents at airports. 
(5) Proper vehicle deployment. 
(6) The need for equipment modernization. 
(c) CONSISTENCY WITH VOLUNTARY CONSENSUS 
STANDARDS.—The proposed and final rule issued under 
subsection (a) shall be, to the extent practical, consistent 
with national voluntary consensus standards for aircraft 
rescue and firefighting services at airports. 
(d) ASSESSMENTS OF POTENTIAL IMPACTS.—In the 
rulemaking proceeding initiated under subsection (a), the 
Administrator shall assess the potential impact of any re-
visions to the firefighting standards on airports and air 
transportation service. 
(e) INCONSISTENCY WITH STANDARDS.—If the pro-
posed or final rule issued under subsection (a) is not con-
sistent with national voluntary consensus standards for 
aircraft rescue and firefighting services at airports, the 
Administrator shall submit to the Office of Management
123 
and Budget an explanation of the reasons for such incon-
sistency in accordance with section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note; 110 Stat. 783). 
(f) FINAL RULE.—Not later than 24 months after 
the date of enactment of this Act, the Administrator shall 
issue the final rule required by subsection (a). 
SEC. 312. COCKPIT SMOKE. 
(a) STUDY.—The Comptroller General shall conduct 
a study on the effectiveness of oversight activities of the 
Federal Aviation Administration relating to preventing or 
mitigating the effects of dense continuous smoke in the 
cockpit of a commercial aircraft. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall 
submit to Congress a report on the results of the study. 
SEC. 313. SAFETY OF HELICOPTER AIR AMBULANCE OPER-
ATIONS. 
(a) IN GENERAL.—Chapter 447 (as amended by this 
Act) is further amended by adding at the end the fol-
lowing: 
‘‘§ 44732. Helicopter air ambulance operations 
‘‘(a) RULEMAKING.—The Administrator of the Fed-
eral Aviation Administration shall conduct a rulemaking 
proceeding to improve the safety of flight crewmembers,
124 
medical personnel, and passengers onboard helicopters 
providing helicopter air ambulance services under part 135 
of title 14, Code of Federal Regulations. 
‘‘(b) MATTERS TO BE ADDRESSED.—In conducting 
the rulemaking proceeding under subsection (a), the Ad-
ministrator shall address the following: 
‘‘(1) Flight request and dispatch procedures, in-
cluding performance-based flight dispatch proce-
dures. 
‘‘(2) Pilot training standards, including— 
‘‘(A) mandatory training requirements, in-
cluding a minimum time for completing the 
training requirements; 
‘‘(B) training subject areas, such as com-
munications procedures and appropriate tech-
nology use; 
‘‘(C) establishment of training standards 
in— 
‘‘(i) crew resource management; 
‘‘(ii) flight risk evaluation; 
‘‘(iii) preventing controlled flight into 
terrain; 
‘‘(iv) recovery from inadvertent flight 
into instrument meteorological conditions;
125 
‘‘(v) operational control of the pilot in 
command; and 
‘‘(vi) use of flight simulation training 
devices and line oriented flight training. 
‘‘(3) Safety-enhancing technology and equip-
ment, including— 
‘‘(A) helicopter terrain awareness and 
warning systems; 
‘‘(B) radar altimeters; 
‘‘(C) devices that perform the function of 
flight data recorders and cockpit voice record-
ers, to the extent feasible; and 
‘‘(D) safety equipment that should be worn 
or used by flight crewmembers and medical per-
sonnel on a flight, including the possible use of 
shoulder harnesses, helmets, seatbelts, and fire 
resistant clothing to enhance crash surviv-
ability. 
‘‘(4) Such other matters as the Administrator 
considers appropriate. 
‘‘(c) MINIMUM REQUIREMENTS.—In issuing a final 
rule under subsection (a), the Administrator, at a min-
imum, shall provide for the following: 
‘‘(1) FLIGHT
RISK
EVALUATION
PROGRAM.— 
The Administrator shall ensure that a part 135 cer-
126 
tificate holder providing helicopter air ambulance 
services— 
‘‘(A) establishes a flight risk evaluation 
program, based on FAA Notice 8000.301 
issued by the Administration on August 1, 
2005, including any updates thereto; 
‘‘(B) as part of the flight risk evaluation 
program, develops a checklist for use by pilots 
in determining whether a flight request should 
be accepted; and 
‘‘(C) requires the pilots of the certificate 
holder to use the checklist. 
‘‘(2) OPERATIONAL
CONTROL
CENTER.—The 
Administrator shall ensure that a part 135 certifi-
cate holder providing helicopter air ambulance serv-
ices using 10 or more helicopters has an operational 
control center that meets such requirements as the 
Administrator may prescribe. 
‘‘(3) COMPLIANCE.—The Administrator shall 
ensure that a part 135 certificate holder providing 
helicopter air ambulance services complies with ap-
plicable regulations under part 135 of title 14, Code 
of Federal Regulations, including regulations on 
weather minima and flight and duty time whenever 
medical personnel are onboard the aircraft.
127 
‘‘(d) DEADLINES.—The Administrator shall— 
‘‘(1) not later than 180 days after the date of 
enactment of this section, issue a notice of proposed 
rulemaking under subsection (a); and 
‘‘(2) not later than 16 months after the close 
of the comment period on the proposed rule, issue 
a final rule. 
‘‘(e) PART 135 CERTIFICATE HOLDER DEFINED.— 
In this section, the term ‘part 135 certificate holder’ 
means a person holding a certificate issued under part 135 
of title 14, Code of Federal Regulations. 
‘‘§ 44733. Collection of data on helicopter air ambu-
lance operations 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall require a part 135 cer-
tificate holder providing helicopter air ambulance services 
to submit to the Administrator, not later than one year 
after the date of enactment of this section, and annually 
thereafter, a report containing, at a minimum, the fol-
lowing data: 
‘‘(1) The number of helicopters that the certifi-
cate holder uses to provide helicopter air ambulance 
services and the base locations of the helicopters. 
‘‘(2) The number of flights and hours flown, by 
registration number, during which helicopters oper-
128 
ated by the certificate holder were providing heli-
copter air ambulance services. 
‘‘(3) The number of flight requests for a heli-
copter providing helicopter air ambulance services 
that were accepted or declined by the certificate 
holder and the type of each such flight request (such 
as scene response, inter-facility transport, organ 
transport, or ferry or repositioning flight). 
‘‘(4) The number of accidents involving heli-
copters operated by the certificate holder while pro-
viding helicopter air ambulance services and a de-
scription of the accidents. 
‘‘(5) The number of flights and hours flown 
under instrument flight rules by helicopters operated 
by the certificate holder while providing helicopter 
air ambulance services. 
‘‘(6) The time of day of each flight flown by 
helicopters operated by the certificate holder while 
providing helicopter air ambulance services. 
‘‘(b) REPORTING PERIOD.—Data contained in a re-
port submitted by a part 135 certificate holder under sub-
section (a) shall relate to such reporting period as the Ad-
ministrator determines appropriate. 
‘‘(c) DATABASE.—Not later than 6 months after the 
date of enactment of this section, the Administrator shall
129 
develop a method to collect and store the data collected 
under subsection (a), including a method to protect the 
confidentiality of any trade secret or proprietary informa-
tion provided in response to this section. 
‘‘(d) REPORT
TO CONGRESS.—Not later than 24 
months after the date of enactment of this section, and 
annually thereafter, the Administrator shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
containing a summary of the data collected under sub-
section (a). 
‘‘(e) PART 135 CERTIFICATE HOLDER DEFINED.— 
In this section, the term ‘part 135 certificate holder’ 
means a person holding a certificate issued under part 135 
of title 14, Code of Federal Regulations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 447 (as amended by this Act) is further amended by 
adding at the end the following: 
‘‘Sec. 44732. Helicopter air ambulance operations. 
‘‘Sec. 44733. Collection of data on helicopter air ambulance operations.’’. 
SEC. 314. FEASIBILITY OF REQUIRING HELICOPTER PILOTS 
TO USE NIGHT VISION GOGGLES. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall carry out a study on the feasi-
bility of requiring pilots of helicopters providing helicopter
130 
air ambulance services under part 135 of title 14, Code 
of Federal Regulations, to use night vision goggles during 
nighttime operations. 
(b) CONSIDERATIONS.—In conducting the study, the 
Administrator shall consult with owners and operators of 
helicopters providing helicopter air ambulance services 
under such part 135 and aviation safety professionals to 
determine the benefits, financial considerations, and risks 
associated with requiring the use of night vision goggles. 
(c) REPORT TO CONGRESS.—Not later than one year 
after the date of enactment of this Act, the Administrator 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study. 
SEC. 315. STUDY OF HELICOPTER AND FIXED WING AIR AM-
BULANCE SERVICES. 
(a) IN GENERAL.—The Comptroller General shall 
conduct a study of the helicopter and fixed-wing air ambu-
lance industry. The study shall include information, anal-
ysis, and recommendations pertinent to ensuring a safe 
air ambulance industry. 
(b) REQUIRED INFORMATION.—In conducting the 
study, the Comptroller General shall obtain detailed infor-
131 
mation on the following aspects of the air ambulance in-
dustry: 
(1) A review of the industry, for part 135 cer-
tificate holders and indirect carriers providing heli-
copter and fixed-wing air ambulance services, includ-
ing— 
(A) a listing of the number, size, and loca-
tion of helicopter and fixed-wing aircraft and 
their flight bases; 
(B) affiliations of certificate holders and 
indirect carriers with hospitals, governments, 
and other entities; 
(C) coordination of air ambulance services, 
with each other, State and local emergency 
medical services systems, referring entities, and 
receiving hospitals; 
(D) nature of services contracts, sources of 
payment, financial relationships between certifi-
cate holders and indirect carriers providing air 
ambulance services and referring entities, and 
costs of operations; and 
(E) a survey of business models for air 
ambulance 
operations, 
including 
expenses, 
structure, and sources of income.
132 
(2) Air ambulance request and dispatch prac-
tices, including the various types of protocols, mod-
els, training, certifications, and air medical commu-
nications centers relating to part 135 certificate 
holders and indirect carriers providing helicopter 
and fixed-wing air ambulance services, including— 
(A) the practices that emergency and med-
ical officials use to request an air ambulance; 
(B) information on whether economic or 
other nonmedical factors lead to air ambulance 
transport when it is not medically needed, ap-
propriate, or safe; and 
(C) the cause, occurrence, and extent of 
delays in air ambulance transport. 
(3) Economic and medical issues relating to the 
air ambulance industry, including— 
(A) licensing; 
(B) certificates of need; 
(C) public convenience and necessity re-
quirements; 
(D) assignment of geographic coverage 
areas; 
(E) accreditation requirements; 
(F) compliance with dispatch procedures; 
and
133 
(G) requirements for medical equipment 
and personnel onboard the aircraft. 
(4) Such other matters as the Comptroller Gen-
eral considers relevant to the purpose of the study. 
(c) ANALYSIS AND RECOMMENDATIONS.—Based on 
information obtained under subsection (b) and other infor-
mation the Comptroller General considers appropriate, the 
report shall also include an analysis and specific rec-
ommendations, as appropriate, related to— 
(1) the relationship between State regulation 
and Federal preemption of rates, routes, and serv-
ices of air ambulances; 
(2) the extent to which Federal law may impact 
existing State regulation of air ambulances and the 
potential effect of greater State regulation— 
(A) in the air ambulance industry, on the 
economic viability of air ambulance services, the 
availability and coordination of service, and 
costs of operations both in rural and highly 
populated areas; 
(B) on the quality of patient care and out-
comes; and 
(C) on competition and safety; and
134 
(3) whether systemic or other problems exist on 
a statewide, regional, or national basis with the cur-
rent system governing air ambulances. 
(d) REPORT.—Not later than June 1, 2010, the 
Comptroller General shall submit to the Secretary of 
Transportation and the appropriate committees of Con-
gress a report containing its findings and recommenda-
tions regarding the study under this section. 
(e) 
ADOPTION
OF
RECOMMENDED
POLICY 
CHANGES.—Not later than 60 days after the date of re-
ceipt of the report under subsection (d), the Secretary 
shall issue a report to the appropriate committees of Con-
gress, that— 
(1) specifies which, if any, policy changes rec-
ommended by the Comptroller General and any 
other policy changes with respect to air ambulances 
the Secretary will adopt and implement; and 
(2) includes recommendations for legislative 
change, if appropriate. 
(f) PART 135 CERTIFICATE HOLDER DEFINED.—In 
this section, the term ‘‘part 135 certificate holder’’ means 
a person holding a certificate issued under part 135 of 
title 14, Code of Federal Regulations.
135 
Subtitle B—Unmanned Aircraft 
Systems 
SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS IN-
TEGRATION PLAN. 
(a) INTEGRATION PLAN.— 
(1) COMPREHENSIVE PLAN.—Not later than 9 
months after the date of enactment of this Act, the 
Secretary, in consultation with representatives of the 
aviation industry, shall develop a comprehensive plan 
to safely integrate commercial unmanned aircraft 
systems into the national airspace system. 
(2) MINIMUM
REQUIREMENTS.—In developing 
the plan under paragraph (1), the Secretary shall, at 
a minimum— 
(A) review technologies and research that 
will assist in facilitating the safe integration of 
commercial unmanned aircraft systems into the 
national airspace system; 
(B) provide recommendations or projec-
tions for the rulemaking to be conducted under 
subsection (b) to— 
(i) define the acceptable standards for 
operations and certification of commercial 
unmanned aircraft systems;
136 
(ii) ensure that any commercial un-
manned aircraft system includes a detect, 
sense, and avoid capability; and 
(iii) develop standards and require-
ments for the operator, pilot, and pro-
grammer of a commercial unmanned air-
craft system, including standards and re-
quirements for registration and licensing; 
(C) recommend how best to enhance the 
technologies and subsystems necessary to effect 
the safe and routine operations of commercial 
unmanned aircraft systems in the national air-
space system; and 
(D) recommend how a phased-in approach 
to the integration of commercial unmanned air-
craft systems into the national airspace system 
can best be achieved and a timeline upon which 
such a phase-in shall occur. 
(3) DEADLINE.—The plan to be developed 
under paragraph (1) shall provide for the safe inte-
gration of commercial unmanned aircraft systems 
into the national airspace system as soon as possible, 
but not later than September 30, 2013. 
(4) REPORT TO CONGRESS.—Not later than one 
year after the date of enactment of this Act, the
137 
Secretary shall submit to Congress a copy of the 
plan developed under paragraph (1). 
(b) RULEMAKING.—Not later than 18 months after 
the date on which the integration plan is submitted to 
Congress under subsection (a)(4), the Administrator of 
the Federal Aviation Administration shall publish in the 
Federal Register a notice of proposed rulemaking to im-
plement the recommendations of the integration plan. 
(c) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out 
this section. 
SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIR-
CRAFT SYSTEMS. 
(a) IN
GENERAL.—Notwithstanding the require-
ments of sections 321 and 323, and not later than 6 
months after the date of enactment of this Act, the Sec-
retary shall determine if certain unmanned aircraft sys-
tems may operate safely in the national airspace system 
before completion of the plan and rulemaking required by 
section 321 or the guidance required by section 323. 
(b) ASSESSMENT
OF UNMANNED AIRCRAFT SYS-
TEMS.—In making the determination under subsection 
(a), the Secretary shall determine, at a minimum— 
(1) which types of unmanned aircraft systems, 
if any, as a result of their size, weight, speed, oper-
138 
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 op-
eration 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 na-
tional airspace system, the Secretary shall establish re-
quirements for the safe operation of such aircraft systems 
in the national 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
139 
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 
Aviation Administration grant of approval for a spe-
cific flight operation. 
(2) DETECT, SENSE, AND AVOID CAPABILITY.— 
The term ‘‘detect, sense, and avoid capability’’ 
means the technical capability to perform separation 
assurance and collision avoidance, as defined by the 
Federal Aviation Administration. 
(3) PUBLIC UNMANNED AIRCRAFT SYSTEM.— 
The term ‘‘public unmanned aircraft system’’ means 
an unmanned aircraft system that meets the quali-
fications and conditions required for operation of a 
public aircraft, as defined by section 40102 of title 
49, United States Code.
140 
(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 
development 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 commu-
nication links and a ground control station) that are 
required to operate safely and efficiently in the na-
tional 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 INVES-
TIGATION OFFICE.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Federal Aviation Administration (in this sub-
section referred to as the ‘Agency’) an Aviation
141 
Safety Whistleblower Investigation Office (in this 
subsection referred to as the ‘Office’). 
‘‘(2) DIRECTOR.— 
‘‘(A) APPOINTMENT.—The head of the Of-
fice shall be the Director, who shall be ap-
pointed by the Secretary of Transportation. 
‘‘(B) REPORTS
AND
RECOMMENDATIONS 
TO
SECRETARY.—The Director shall provide 
regular reports to the Secretary of Transpor-
tation. The Director may recommend that the 
Secretary take any action necessary for the Of-
fice to carry out its functions, including protec-
tion of complainants and witnesses. 
‘‘(C) 
QUALIFICATIONS.—The 
Director 
shall have a demonstrated ability in investiga-
tions and knowledge of or experience in avia-
tion. 
‘‘(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 ap-
pointed shall be appointed for the remainder of 
that term.
142 
‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 
‘‘(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 employ-
ees of the Agency concerning the possible 
existence of an activity relating to a viola-
tion of an order, regulation, or standard of 
the Agency or any other provision of Fed-
eral law relating to aviation safety; 
‘‘(ii) assess complaints and informa-
tion submitted under clause (i) and deter-
mine whether a substantial likelihood ex-
ists that a violation of an order, regulation, 
or standard of the Agency or any other 
provision of Federal law relating to avia-
tion safety may have occurred; and 
‘‘(iii) based on findings of the assess-
ment conducted under clause (ii), make 
recommendations to the Secretary and Ad-
ministrator in writing for— 
‘‘(I) further investigation by the 
Office, the Inspector General of the
143 
Department of Transportation, or 
other appropriate investigative body; 
or 
‘‘(II) corrective actions. 
‘‘(B) DISCLOSURE
OF
IDENTITIES.—The 
Director 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.
144 
‘‘(D) ACCESS TO INFORMATION.—In con-
ducting an assessment of a complaint or infor-
mation submitted under subparagraph (A)(i), 
the Director shall have access to, 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 oc-
curred. The Director may order sworn testi-
mony from appropriate witnesses during the 
course of an investigation. 
‘‘(E) PROCEDURE.—The Office shall es-
tablish 
procedures 
equivalent 
to 
sections 
1213(d) and 1213(e) of title 5 for investigation, 
report, employee comment, and evaluation by 
the Secretary 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
145 
related to any further investigations or correc-
tive actions taken in response to the rec-
ommendation, in accordance with established 
record retention requirements; and 
‘‘(B) ensure that the findings of all refer-
rals for further investigation or corrective ac-
tions taken are reported to the Director. 
‘‘(5) INCIDENT REPORTS.—If the Director de-
termines there is a substantial likelihood that a vio-
lation of an order, regulation, or standard of the 
Agency or any other provision of Federal law relat-
ing to aviation safety may have occurred that re-
quires immediate corrective action, the Director shall 
report the potential violation expeditiously to the 
Secretary, the Administrator, and the Inspector 
General of the Department of Transportation. 
‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO 
INSPECTOR GENERAL.—If the Director has reason-
able grounds to believe that there has been a viola-
tion of Federal criminal law, the Director shall re-
port the violation expeditiously to the Inspector Gen-
eral. 
‘‘(7) RETALIATION AGAINST AGENCY EMPLOY-
EES.—Any retaliatory action taken or threatened 
against an employee of the Agency for good faith
146 
participation in activities under this subsection is 
prohibited. The Director shall make all policy rec-
ommendations and specific requests to the Secretary 
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 sec-
tion to a disciplinary action up to and including ter-
mination.
147 
‘‘(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 
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 
Administrator to such recommendations; and 
‘‘(E) an evaluation of personnel and re-
sources necessary to effectively support the 
mandate 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 
Aviation 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 
appearance of a conflict of interest for the Agency
148 
in carrying out its safety responsibilities, Congress 
amended section 40101(d) of such title to remove 
the responsibilities of the Agency to promote air-
lines. 
(3) Despite these directives from Congress re-
garding the priority of safety, the Agency issued a 
vision 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 certifi-
cate 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 sat-
isfaction of regulated entities regarding its inspec-
tion and certification decisions and other lawful ac-
tions of its safety inspectors. 
(5) As a result of the emphasis on customer 
satisfaction, some managers of the Agency have dis-
couraged vigorous enforcement and replaced inspec-
tors whose lawful actions adversely affected an air 
carrier.
149 
(b) MODIFICATION OF INITIATIVE.—Not later than 
90 days after the date of enactment of this Act, the Ad-
ministrator of the Federal Aviation Administration shall 
modify the customer service initiative, mission and vision 
statements, and other statements of policy of the Agen-
cy— 
(1) to remove any reference to air carriers or 
other entities regulated by the Agency as ‘‘cus-
tomers’’; 
(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 se-
lect the employees of the Agency who will inspect 
their operations. 
(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 
dissatisfaction of an air carrier or other entity regulated 
by the Agency with an employee of the Agency.
150 
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 fol-
lowing: 
‘‘(d) 
POST-EMPLOYMENT
RESTRICTIONS
FOR 
FLIGHT STANDARDS INSPECTORS.— 
‘‘(1) PROHIBITION.—A person holding an oper-
ating certificate issued under title 14, Code of Fed-
eral Regulations, may not knowingly employ, or 
make a contractual arrangement which permits, an 
individual to act as an agent or representative of the 
certificate holder in any matter before the Federal 
Aviation Administration (in this subsection referred 
to as the ‘Agency’) if the individual, in the preceding 
2-year period— 
‘‘(A) served as, or was responsible for over-
sight of, a flight standards inspector of the 
Agency; and 
‘‘(B) had responsibility to inspect, or over-
see inspection of, the operations of the certifi-
cate holder. 
‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 
For purposes of paragraph (1), an individual shall 
be considered to be acting as an agent or representa-
tive of a certificate holder in a matter before the
151 
Agency if the individual makes any written or oral 
communication on behalf of the certificate holder to 
the Agency (or any of its officers or employees) in 
connection with a particular matter, whether or not 
involving a specific party and without regard to 
whether the individual has participated in, or had 
responsibility for, the particular matter while serving 
as a flight standards inspector of the Agency.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall not apply to an individual employed by 
a certificate holder as of the date of enactment of this 
Act. 
SEC. 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 serv-
ing as a principal supervisory inspector of the Agency with 
respect 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 speci-
152 
fied in subsection (a) or last day of the 2-year period be-
ginning 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 
Federal 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 exclusive bargaining representative for aviation safety 
inspectors, 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.—
153 
(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 re-
view. 
(2) CONTENTS.—A report submitted under 
paragraph (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 pro-
posed to be taken in response to the trends. 
(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 sys-
tem database conducted under this section, including cop-
ies of reports received under subsection (b).
154 
SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING 
SYSTEM. 
(a) VOLUNTARY DISCLOSURE REPORTING PROGRAM 
DEFINED.—In this section, the term ‘‘Voluntary Disclo-
sure Reporting Program’’ means the program established 
by the Federal Aviation Administration through Advisory 
Circular 00–58A, dated September 8, 2006, including any 
subsequent revisions thereto. 
(b) VERIFICATION.—The Administrator of the Fed-
eral Aviation Administration shall modify the Voluntary 
Disclosure 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 
carriers; and 
(2) confirm, before approving a final report of 
a violation, that the violation, or another violation 
occurring 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 
DISCLOSURES.—The Administrator shall establish a proc-
ess 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.—
155 
(1) IN
GENERAL.—The Inspector General of 
the Department of Transportation shall conduct a 
study of the Voluntary Disclosure Reporting Pro-
gram. 
(2) REVIEW.—In conducting the study, the In-
spector General shall examine, at a minimum, 
whether— 
(A) there is evidence that voluntary disclo-
sure is resulting in regulated entities discov-
ering and correcting violations to a greater ex-
tent 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 FAA insists on stronger corrective 
actions than would have occurred if the regu-
lated entity knew of a violation, but FAA did 
not; 
(C) the information the FAA gets under 
the program leads to fewer violations by other 
entities, either because the information leads 
other entities to look for similar violations or
173 
‘‘(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 jurisdiction over the airport shall not be 
required to pay the portion of the costs that ex-
ceeds the benefit for a period of 18 months 
after such determination 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’’.