199 
person, by counsel, or by other representa-
tive as they may elect. 
‘‘(v) 
DECISIONS.—The 
arbitration 
board shall render its decision within 90 
days after the date of its appointment. De-
cisions of the arbitration board shall be con-
clusive and binding upon the parties. 
‘‘(vi) COSTS.—The parties shall share 
costs of the arbitration equally. 
‘‘(3) RATIFICATION
OF
AGREEMENTS.—Upon 
reaching a voluntary agreement or at the conclusion 
of the binding arbitration under paragraph (2)(B), 
the final agreement, except for those matters decided 
by an arbitration board, shall be subject to ratifica-
tion by the exclusive bargaining representative of the 
employees, if so requested by the bargaining represent-
ative, and approval by the head of the agency in ac-
cordance with the provisions referred to in subsection 
(g)(2)(C). 
‘‘(4) ENFORCEMENT.— 
‘‘(A) ENFORCEMENT
ACTIONS
IN
UNITED 
STATES
COURTS.—Each United States district 
court and each United States court of a place 
subject to the jurisdiction of the United States 
shall have jurisdiction of enforcement actions 
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brought under this section. Such an action may 
be brought in any judicial district in the State 
in which the violation of this section is alleged 
to have been committed, the judicial district in 
which the Federal Aviation Administration has 
its principal office, or the District of Columbia. 
‘‘(B) ATTORNEY FEES.—The court may as-
sess against the Federal Aviation Administration 
reasonable attorney fees and other litigation costs 
reasonably incurred in any case under this sec-
tion in which the complainant has substantially 
prevailed.’’. 
(b) APPLICATION.—On and after the date of enactment 
of this Act, any changes implemented by the Administrator 
of the Federal Aviation Administration on and after July 
10, 2005, under section 40122(a) of title 49, United States 
Code (as in effect on the day before such date of enactment), 
without the agreement of the exclusive bargaining represent-
ative of the employees of the Administration certified under 
section 7111 of title 5, United States Code, shall be null 
and void and the parties shall be governed by their last 
mutual agreement before the implementation of such 
changes. The Administrator and the bargaining representa-
tive shall resume negotiations promptly, and, subject to sub-
section (c), their last mutual agreement shall be in effect 
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until a new contract is adopted by the Administrator and 
the bargaining representative. If an agreement is not 
reached within 45 days after the date on which negotiations 
resume, the Administrator and the bargaining representa-
tive shall submit their issues in controversy to the Federal 
Service Impasses Panel in accordance with section 7119 of 
title 5, United States Code, for binding arbitration in ac-
cordance with paragraphs (2)(B), (3), and (4) of section 
40122(a) of title 49, United States Code (as amended by 
subsection (a) of this section). 
(c) SAVINGS CLAUSE.—All cost of living adjustments 
and other pay increases, lump sum payments to employees, 
and leave and other benefit accruals implemented as part 
of the changes referred to in subsection (b) may not be re-
versed unless such reversal is part of the calculation of back 
pay under subsection (d). The Administrator shall waive 
any overpayment paid to, and not collect any funds for 
such overpayment, from former employees of the Adminis-
tration who received lump sum payments prior to their sep-
aration from the Administration. 
(d) BACK PAY.— 
(1) IN GENERAL.—Employees subject to changes 
referred to in subsection (b) that are determined to be 
null and void under subsection (b) shall be eligible for 
pay that the employees would have received under the 
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last mutual agreement between the Administrator and 
the exclusive bargaining representative of such em-
ployees before the date of enactment of this Act and 
any changes were implemented without agreement of 
the bargaining representative. The Administrator 
shall pay the employees such pay subject to the avail-
ability of amounts appropriated to carry out this sub-
section. If the appropriated funds do not cover all 
claims of the employees for such pay, the Adminis-
trator and the bargaining representative, pursuant to 
negotiations conducted in accordance with section 
40122(a) of title 49, United States Code (as amended 
by subsection (a) of this section), shall determine the 
allocation of the appropriated funds among the em-
ployees on a pro rata basis. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $20,000,000 to 
carry out this subsection. 
(e) INTERIM AGREEMENT.—If the Administrator and 
the exclusive bargaining representative of the employees 
subject to the changes referred to in subsection (b) reach a 
final and binding agreement with respect to such changes 
before the date of enactment of this Act, such agreement 
shall supersede any changes implemented by the Adminis-
trator under section 40122(a) of title 49, United States 
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Code (as in effect on the day before such date of enactment), 
without the agreement of the bargaining representative, and 
subsections (b) and (c) shall not take effect. 
SEC. 602. MSPB REMEDIAL AUTHORITY FOR FAA EMPLOY-
EES. 
Section 40122(g)(3) of title 49, United States Code, is 
amended by adding at the end the following: ‘‘Notwith-
standing any other provision of law, retroactive to April 
1, 1996, the Board shall have the same remedial authority 
over such employee appeals that it had as of March 31, 
1996.’’. 
SEC. 603. FAA TECHNICAL TRAINING AND STAFFING. 
(a) STUDY.— 
(1) IN GENERAL.—The Comptroller General shall 
conduct a study on the training of the airway trans-
portation systems specialists of the Federal Aviation 
Administration (in this section referred to as ‘‘FAA 
systems specialists’’). 
(2) CONTENTS.—The study shall— 
(A) include an analysis of the type of train-
ing provided to FAA systems specialists; 
(B) include an analysis of the type of train-
ing that FAA systems specialists need to be pro-
ficient on the maintenance of latest technologies; 
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(C) include a description of actions that the 
Administration has undertaken to ensure that 
FAA systems specialists receive up-to-date train-
ing on the latest technologies; 
(D) identify the amount and cost of FAA 
systems specialists training provided by vendors; 
(E) identify the amount and cost of FAA 
systems specialists training provided by the Ad-
ministration after developing courses for the 
training of such specialists; 
(F) identify the amount and cost of travel 
that is required of FAA systems specialists in re-
ceiving training; and 
(G) include a recommendation regarding 
the most cost-effective approach to providing 
FAA systems specialists training. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the 
study. 
(b) WORKLOAD OF SYSTEMS SPECIALISTS.— 
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(1) 
STUDY
BY
NATIONAL
ACADEMY
OF 
SCIENCES.—Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall make appropriate 
arrangements for the National Academy of Sciences to 
conduct a study of the assumptions and methods used 
by the Federal Aviation Administration to estimate 
staffing needs for FAA systems specialists to ensure 
proper maintenance and certification of the national 
airspace system. 
(2) CONTENTS.—The study shall be conducted so 
as to provide the following: 
(A) A suggested method of modifying FAA 
systems specialists staffing models for applica-
tion to current local conditions or applying some 
other approach to developing an objective staff-
ing standard. 
(B) The approximate cost and length of 
time for developing such models. 
(3) CONSULTATION.—In conducting the study, 
the National Academy of Sciences shall consult with 
the exclusive bargaining representative of employees of 
the Federal Aviation Administration certified under 
section 7111 of title 5, United States Code, and the 
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206 
Administrator of the Federal Aviation Administra-
tion. 
(4) REPORT.—Not later than one year after the 
initiation of the arrangements under subsection (a), 
the National Academy of Sciences shall submit to 
Congress a report on the results of the study. 
SEC. 604. DESIGNEE PROGRAM. 
(a) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Comptroller General shall sub-
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the status of recommendations made by the Government 
Accountability Office in its October 2004 report, ‘‘Aviation 
Safety: FAA Needs to Strengthen Management of Its Des-
ignee Programs’’ (GAO–05–40). 
(b) CONTENTS.—The report shall include— 
(1) an assessment of the extent to which the Fed-
eral Aviation Administration has responded to rec-
ommendations of the Government Accountability Of-
fice referred to in subsection (a); 
(2) an identification of improvements, if any, 
that have been made to the designee programs referred 
to in the report of the Office as a result of such rec-
ommendations; 
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207 
(3) an identification of further action that is 
needed to implement such recommendations, improve 
the Administration’s management control of the des-
ignee programs, and increase assurance that designees 
meet the Administration’s performance standards; 
and 
(4) an assessment of the Administration’s orga-
nizational delegation and designee programs and a 
determination as to whether the Administration has 
sufficient monitoring and surveillance programs in 
place to properly oversee these programs. 
SEC. 605. STAFFING MODEL FOR AVIATION SAFETY INSPEC-
TORS. 
(a) IN GENERAL.—Not later than October 31, 2009, 
the Administrator of the Federal Aviation Administration 
shall develop a staffing model for aviation safety inspectors. 
In developing the model, the Administrator shall follow the 
recommendations outlined in the 2007 study released by the 
National Academy of Sciences entitled ‘‘Staffing Standards 
for Aviation Safety Inspectors’’ and consult with interested 
persons, including the exclusive collective bargaining rep-
resentative of the aviation safety inspectors. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
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SEC. 606. SAFETY CRITICAL STAFFING. 
(a) SAFETY INSPECTORS.—The Administrator of the 
Federal Aviation Administration shall increase the number 
of safety critical positions in the Flight Standards Service 
and Aircraft Certification Service for a fiscal year commen-
surate with the funding levels provided in subsection (b) 
for the fiscal year. Such increases shall be measured relative 
to the number of persons serving in safety critical positions 
as of September 30, 2008. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts authorized by section 106(k) of title 49, 
United States Code, there is authorized to be appropriated 
to carry out subsection (a)— 
(1) $45,000,000 for fiscal year 2010; 
(2) $138,000,000 for fiscal year 2011; and 
(3) $235,000,000 for fiscal year 2012. 
Such sums shall remain available until expended. 
(c) IMPLEMENTATION
OF STAFFING STANDARDS.— 
Notwithstanding any other provision of this section, upon 
completion of the flight standards service staffing model 
under section 605 of this Act, and validation of the model 
by the Administrator, there are authorized to be appro-
priated such sums as may be necessary to support the num-
ber of aviation safety inspectors, safety technical specialists, 
and operation support positions that such model determines 
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209 
are required to meet the responsibilities of the Flight Stand-
ards Service. 
(d) SAFETY CRITICAL POSITIONS DEFINED.—In this 
section, the term ‘‘safety critical positions’’ means— 
(1) aviation safety inspectors, safety technical 
specialists, and operations support positions in the 
Flight Standards Service (as such terms are used in 
the Administration’s fiscal year 2009 congressional 
budget justification); and 
(2) manufacturing safety inspectors, pilots, engi-
neers, Chief Scientist Technical Advisors, safety tech-
nical specialists, and operational support positions in 
the Aircraft Certification Service (as such terms are 
used in the Administration’s fiscal year 2009 congres-
sional budget justification). 
SEC. 607. FAA AIR TRAFFIC CONTROLLER STAFFING. 
(a) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 
Not later than 90 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administra-
tion shall enter into appropriate arrangements with the Na-
tional Academy of Sciences to conduct a study of the as-
sumptions and methods used by the Federal Aviation Ad-
ministration (in this section referred to as the ‘‘FAA’’) to 
estimate staffing needs for FAA air traffic controllers to en-
sure the safe operation of the national airspace system. 
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210 
(b) CONSULTATION.—In conducting the study, the Na-
tional Academy of Sciences shall consult with the exclusive 
bargaining representative of employees of the FAA certified 
under section 7111 of title 5, United States Code, the Ad-
ministrator of the Federal Aviation Administration, and 
representatives of the Civil Aeronautical Medical Institute. 
(c) CONTENTS.—The study shall include an examina-
tion of representative information on human factors, traffic 
activity, and the technology and equipment used in air traf-
fic control. 
(d) RECOMMENDATIONS
AND ESTIMATES.—In con-
ducting the study, the National Academy of Sciences shall 
develop— 
(1) recommendations for the development by the 
FAA of objective staffing standards to maintain the 
safety and efficiency of the national airspace system 
with current and future projected air traffic levels; 
and 
(2) estimates of cost and schedule for the develop-
ment of such standards by the FAA or its contractors. 
(e) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the National Academy of Sciences 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
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211 
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study. 
SEC. 608. ASSESSMENT OF TRAINING PROGRAMS FOR AIR 
TRAFFIC CONTROLLERS. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study to assess the ade-
quacy of training programs for air traffic controllers. 
(b) CONTENTS.—The study shall include— 
(1) a review of the current training system for 
air traffic controllers; 
(2) an analysis of the competencies required of 
air traffic controllers for successful performance in the 
current air traffic control environment; 
(3) an analysis of competencies required of air 
traffic controllers as the Federal Aviation Adminis-
tration transitions to the Next Generation Air Trans-
portation System; and 
(4) an analysis of various training approaches 
available to satisfy the controller competencies identi-
fied under paragraphs (2) and (3). 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
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merce, Science, and Transportation of the Senate a report 
on the results of the study. 
SEC. 609. COLLEGIATE TRAINING INITIATIVE STUDY. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on training op-
tions for graduates of the Collegiate Training Initiative 
program conducted under section 44506(c) of title 49, 
United States Code. The study shall analyze the impact of 
providing as an alternative to the current training provided 
at the Mike Monroney Aeronautical Center of the Adminis-
tration a new controller orientation session for graduates 
of such programs at the Mike Monroney Aeronautical Cen-
ter followed by on-the-job training for newly hired air traf-
fic controllers who are graduates of such program and shall 
include— 
(1) the cost effectiveness of such an alternative 
training approach; and 
(2) the effect that such an alternative training 
approach would have on the overall quality of train-
ing received by graduates of such programs. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and to the Committee on Com-
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213 
merce, Science, and Transportation of the Senate a report 
on the results of the study. 
SEC. 610. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA-
CILITY CONDITIONS. 
(a) ESTABLISHMENT.—The Administrator of the Fed-
eral Aviation Administration shall establish a special task 
force to be known as the ‘‘FAA Task Force on Air Traffic 
Control Facility Conditions’’ (in this section referred to as 
the ‘‘Task Force’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Task Force shall be com-
posed of 12 members of whom— 
(A) 8 members shall be appointed by the 
Administrator; and 
(B) 4 members shall be appointed by labor 
unions representing employees who work at field 
facilities of the Administration. 
(2) QUALIFICATIONS.—Of the members ap-
pointed by the Administrator under paragraph 
(1)(A)— 
(A) 4 members shall be specialists on toxic 
mold abatement, ‘‘sick building syndrome,’’ and 
other hazardous building conditions that can 
lead to employee health concerns and shall be ap-
pointed by the Administrator in consultation 
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with the Director of the National Institute for 
Occupational Safety and Health; and 
(B) 2 members shall be specialists on the re-
habilitation of aging buildings. 
(3) TERMS.—Members shall be appointed for the 
life of the Task Force. 
(4) VACANCIES.—A vacancy in the Task Force 
shall be filled in the manner in which the original 
appointment was made. 
(5) TRAVEL
EXPENSES.—Members shall serve 
without pay but shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accordance 
with subchapter I of chapter 57 of title 5, United 
States Code. 
(c) CHAIRPERSON.—The Administrator shall des-
ignate, from among the individuals appointed under sub-
section (b)(1), an individual to serve as chairperson of the 
Task Force. 
(d) TASK FORCE PERSONNEL MATTERS.— 
(1) STAFF.—The Task Force may appoint and 
fix the pay of such personnel as it considers appro-
priate. 
(2) STAFF OF FEDERAL AGENCIES.—Upon re-
quest of the Chairperson of the Task Force, the head 
of any department or agency of the United States 
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216 
(A) the conditions of all air traffic control 
facilities across the Nation, including towers, 
centers, and terminal radar air control; 
(B) reports from employees of the Adminis-
tration relating to respiratory ailments and 
other health conditions resulting from exposure 
to mold, asbestos, poor air quality, radiation 
and facility-related hazards in facilities of the 
Administration; 
(C) conditions of such facilities that could 
interfere with such employees’ ability to effec-
tively and safely perform their duties; 
(D) the ability of managers and supervisors 
of such employees to promptly document and 
seek remediation for unsafe facility conditions; 
(E) whether employees of the Administra-
tion who report facility-related illnesses are 
treated fairly; 
(F) utilization of scientifically approved re-
mediation techniques in a timely fashion once 
hazardous conditions are identified in a facility 
of the Administration; and 
(G) resources allocated to facility mainte-
nance and renovation by the Administration. 
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217 
(2) FACILITY
CONDITION
INDICIES
(FCI).—The 
Task Force shall review the facility condition indicies 
of the Administration (in this section referred to as 
the ‘‘FCI’’) for inclusion in the recommendations 
under subsection (g). 
(g) RECOMMENDATIONS.—Based on the results of the 
study and review of the FCI under subsection (f), the Task 
Force shall make recommendations as it considers necessary 
to— 
(1) prioritize those facilities needing the most 
immediate attention in order of the greatest risk to 
employee health and safety; 
(2) ensure that the Administration is using sci-
entifically approved remediation techniques in all fa-
cilities; and 
(3) assist the Administration in making pro-
grammatic changes so that aging air traffic control 
facilities do not deteriorate to unsafe levels. 
(h) REPORT.—Not later than 6 months after the date 
on which initial appointments of members to the Task 
Force are completed, the Task Force shall submit to the Ad-
ministrator, the Committee on Transportation and Infra-
structure of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the activities of the Task Force, includ-
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218 
ing the recommendations of the Task Force under subsection 
(g). 
(i) IMPLEMENTATION.—Within 30 days of the receipt 
of the Task Force report under subsection (h), the Adminis-
trator shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report that includes a plan and timeline to imple-
ment the recommendations of the Task Force and to align 
future budgets and priorities of the Administration accord-
ingly. 
(j) TERMINATION.—The Task Force shall terminate on 
the last day of the 30-day period beginning on the date on 
which the report under subsection (h) was submitted. 
(k) APPLICABILITY OF THE FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Task Force. 
(l) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Transpor-
tation $250,000 to carry out this section. 
TITLE VII—AVIATION 
INSURANCE 
SEC. 701. GENERAL AUTHORITY. 
(a) EXTENSION OF POLICIES.—Section 44302(f)(1) is 
amended— 
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(1) by striking ‘‘March 31, 2009’’ and inserting 
‘‘September 30, 2012’’; and 
(2) by striking ‘‘May 31, 2009’’ and inserting 
‘‘December 31, 2019’’. 
(b) SUCCESSOR
PROGRAM.—Section 44302(f) is 
amended by adding at the end the following: 
‘‘(3) SUCCESSOR PROGRAM.— 
‘‘(A) IN
GENERAL.—After December 31, 
2019, coverage for the risks specified in a policy 
that has been extended under paragraph (1) shall 
be provided in an airline industry sponsored 
risk retention or other risk-sharing arrangement 
approved by the Secretary. 
‘‘(B) TRANSFER OF PREMIUMS.— 
‘‘(i) IN GENERAL.—On December 31, 
2019, and except as provided in clause (ii), 
premiums that are collected by the Sec-
retary from the airline industry after Sep-
tember 22, 2001, for any policy under this 
subsection, and interest earned thereon, as 
determined by the Secretary, shall be trans-
ferred to an airline industry sponsored risk 
retention or other risk-sharing arrangement 
approved by the Secretary. 
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‘‘(ii) 
DETERMINATION
OF
AMOUNT 
TRANSFERRED.—The amount transferred 
pursuant to clause (i) shall be less— 
‘‘(I) the amount of any claims 
paid out on such policies from Sep-
tember 22, 2001, through December 31, 
2019; 
‘‘(II) the amount of any claims 
pending under such policies as of De-
cember 31, 2019; and 
‘‘(III) the cost, as determined by 
the Secretary, of administering the 
provision of insurance policies under 
this chapter from September 22, 2001, 
through December 31, 2019.’’. 
SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD 
PARTY LIABILITY OF AIR CARRIERS ARISING 
OUT OF ACTS OF TERRORISM. 
Section 44303(b) is amended by striking ‘‘May 31, 
2009’’ and inserting ‘‘December 31, 2012’’. 
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY. 
Section 44304 is amended in the second sentence by 
striking ‘‘the carrier’’ and inserting ‘‘any insurance car-
rier’’. 
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SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS. 
Section 44308(c)(1) is amended in the second sentence 
by striking ‘‘agent’’ and inserting ‘‘agent, or a claims ad-
juster who is independent of the underwriting agent,’’. 
SEC. 705. EXTENSION OF PROGRAM AUTHORITY. 
Section 44310 is amended by striking ‘‘December 31, 
2013’’ and inserting ‘‘December 31, 2019’’. 
TITLE VIII—MISCELLANEOUS 
SEC. 801. AIR CARRIER CITIZENSHIP. 
Section 40102(a)(15) is amended by adding at the end 
the following: 
‘‘For purposes of subparagraph (C), an air carrier 
shall not be deemed to be under the actual control of 
citizens of the United States unless citizens of the 
United States control all matters pertaining to the 
business and structure of the air carrier, including 
operational matters such as marketing, branding, fleet 
composition, route selection, pricing, and labor rela-
tions.’’. 
SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN 
INTEREST OF NATIONAL SECURITY. 
Section 40119(b) is amended by adding at the end the 
following: 
‘‘(3) LIMITATION ON APPLICABILITY OF FREEDOM 
OF
INFORMATION
ACT.—Section 552a of title 5, 
United States Code, shall not apply to disclosures 
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that the Administrator of the Federal Aviation Ad-
ministration may make from the systems of records of 
the Administration to any Federal law enforcement, 
intelligence, protective service, immigration, or na-
tional security official in order to assist the official 
receiving the information in the performance of offi-
cial duties.’’. 
SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS 
AND DATABASE SYSTEMS. 
(a) IN GENERAL.—Chapter 401 is amended by adding 
at the end the following: 
‘‘§ 40130. FAA access to criminal history records or 
databases systems 
‘‘(a) ACCESS
TO RECORDS
OR DATABASES SYS-
TEMS.— 
‘‘(1) 
ACCESS
TO
INFORMATION.—Notwith-
standing section 534 of title 28, and regulations 
issued to implement such section, the Administrator 
of the Federal Aviation Administration may access a 
system of documented criminal justice information 
maintained by the Department of Justice or by a 
State but may do so only for the purpose of carrying 
out civil and administrative responsibilities of the 
Administration to protect the safety and security of 
the national airspace system or to support the mis-
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223 
sions of the Department of Justice, the Department of 
Homeland Security, and other law enforcement agen-
cies. 
‘‘(2) RELEASE OF INFORMATION.—In accessing a 
system referred to in paragraph (1), the Adminis-
trator shall be subject to the same conditions and pro-
cedures established by the Department of Justice or 
the State for other governmental agencies with access 
to the system. 
‘‘(3) LIMITATION.—The Administrator may not 
use the access authorized under paragraph (1) to con-
duct criminal investigations. 
‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 
shall designate, by order, employees of the Administration 
who shall carry out the authority described in subsection 
(a). The designated employees may— 
‘‘(1) have access to and receive criminal history, 
driver, vehicle, and other law enforcement informa-
tion contained in the law enforcement databases of the 
Department of Justice, or any jurisdiction of a State, 
in the same manner as a police officer employed by 
a State or local authority of that State who is cer-
tified or commissioned under the laws of that State; 
‘‘(2) use any radio, data link, or warning system 
of the Federal Government, and of any jurisdiction in 
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a State, that provides information about wanted per-
sons, be-on-the-lookout notices, warrant status, or 
other officer safety information to which a police offi-
cer employed by a State or local authority in that 
State who is certified or commission under the laws 
of that State has access and in the same manner as 
such police officer; or 
‘‘(3) receive Federal, State, or local government 
communications with a police officer employed by a 
State or local authority in that State in the same 
manner as a police officer employed by a State or 
local authority in that State who is commissioned 
under the laws of that State. 
‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE IN-
FORMATION DEFINED.—In this section, the term ‘system of 
documented criminal justice information’ means any law 
enforcement database, system, or communication con-
taining information concerning identification, criminal 
history, arrests, convictions, arrest warrants, wanted or 
missing persons, including the National Crime Information 
Center and its incorporated criminal history databases and 
the National Law Enforcement Telecommunications Sys-
tem.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
401 is amended by adding at the end the following: 
‘‘40130. FAA access to criminal history records or databases systems.’’. 
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225 
SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 
(a) IN GENERAL.—Section 47129 is amended— 
(1) in the section heading by striking ‘‘air car-
rier’’ and inserting ‘‘carrier’’; 
(2) in subsection (a) by striking ‘‘(as defined in 
section 40102 of this title)’’ and inserting ‘‘(as such 
terms are defined in section 40102)’’; 
(3) in the heading for subsection (d) by striking 
‘‘AIR CARRIER’’ and inserting ‘‘AIR CARRIER AND 
FOREIGN AIR CARRIER’’; 
(4) in the heading for paragraph (2) of sub-
section (d) by striking ‘‘AIR CARRIER’’ and inserting 
‘‘AIR CARRIER AND FOREIGN AIR CARRIER’’; 
(5) by striking ‘‘air carriers’’ each place it ap-
pears and inserting ‘‘air carriers or foreign air car-
riers’’; 
(6) by striking ‘‘air carrier’’ each place it ap-
pears and inserting ‘‘air carrier or foreign air car-
rier’’; and 
(7) by striking ‘‘air carrier’s’’ each place it ap-
pears and inserting ‘‘air carrier’s or foreign air car-
rier’s’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
471 is amended by striking the item relating to section 
47129 and inserting the following: 
‘‘47129. Resolution of airport-carrier disputes concerning airport fees.’’. 
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226 
SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIR-
PORT SYSTEMS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall initiate a study to evaluate the formulation of 
the National Plan of Integrated Airport Systems (in this 
section referred to as the ‘‘plan’’) under section 47103 of 
title 49, United States Code. 
(b) CONTENTS OF STUDY.—The study shall include a 
review of the following: 
(1) The criteria used for including airports in 
the plan and the application of such criteria in the 
most recently published version of the plan. 
(2) The changes in airport capital needs between 
fiscal years 2003 and 2008, as reported in the plan, 
as compared with the amounts apportioned or other-
wise made available to individual airports over the 
same period of time. 
(3) A comparison of the amounts received by air-
ports under the airport improvement program in air-
port apportionments, State apportionments, and dis-
cretionary grants during such fiscal years with cap-
ital needs as reported in the plan. 
(4) The effect of transfers of airport apportion-
ments under title 49, United States Code. 
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227 
(5) Any other matters pertaining to the plan 
that the Secretary determines appropriate. 
(c) REPORT TO CONGRESS.— 
(1) SUBMISSION.—Not later than 36 months 
after the date of initiation of the study, the Secretary 
shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the 
study. 
(2) CONTENTS.—The report shall include— 
(A) the findings of the Secretary on each of 
the subjects listed in subsection (b); 
(B) recommendations for any changes to 
policies and procedures for formulating the plan; 
and 
(C) recommendations for any changes to the 
methods of determining the amounts to be appor-
tioned or otherwise made available to individual 
airports. 
SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION. 
(a) IN GENERAL.—Section 201 of the Railway Labor 
Act (45 U.S.C. 181) is amended— 
(1) by striking ‘‘All’’ and inserting ‘‘(a) IN GEN-
ERAL.—All’’; 
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228 
(2) by inserting ‘‘and every express carrier’’ 
after ‘‘common carrier by air’’; and 
(3) by adding at the end the following: 
‘‘(b) SPECIAL RULES FOR EXPRESS CARRIERS.— 
‘‘(1) IN GENERAL.—An employee of an express 
carrier shall be covered by this Act only if that em-
ployee is in a position that is eligible for certification 
under part 61, 63, or 65 of title 14, Code of Federal 
Regulations, and only if that employee performs du-
ties for the express carrier that are eligible for such 
certification. All other employees of an express carrier 
shall be covered by the provisions of the National 
Labor Relations Act (29 U.S.C. 151 et seq.). 
‘‘(2) AIR CARRIER STATUS.—Any person that is 
an express carrier shall be governed by paragraph (1) 
notwithstanding any finding that the person is also 
a common carrier by air. 
‘‘(3) EXPRESS CARRIER DEFINED.—In this sec-
tion, the term ‘express carrier’ means any person (or 
persons affiliated through common control or owner-
ship) whose primary business is the express shipment 
of freight or packages through an integrated network 
of air and surface transportation.’’. 
(b) CONFORMING AMENDMENT.—Section 1 of such Act 
(45 U.S.C. 151) is amended in the first paragraph by strik-
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229 
ing ‘‘, any express company that would have been subject 
to subtitle IV of title 49, United States Code, as of December 
31, 1995,’’. 
SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FA-
CILITIES. 
(a) ESTABLISHMENT OF WORKING GROUP.—Not later 
than 9 months after the date of enactment of this Act, the 
Secretary of Transportation shall establish within the Fed-
eral Aviation Administration (in this section referred to as 
the ‘‘FAA’’) a working group to develop criteria and make 
recommendations for the realignment of services and facili-
ties (including regional offices) of the FAA to assist in the 
transition to next generation facilities and to help reduce 
capital, operating, maintenance, and administrative costs 
in instances in which cost reductions can be implemented 
without adversely affecting safety. 
(b) MEMBERSHIP.—The working group shall be com-
posed of— 
(1) the Administrator of the FAA; 
(2) 2 representatives of air carriers; 
(3) 2 representatives of the general aviation com-
munity; 
(4) 2 representatives of labor unions representing 
employees who work at regional or field facilities of 
the FAA; and 
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230 
(5) 2 representatives of the airport community. 
(c) REPORT TO CONGRESS CONTAINING RECOMMENDA-
TIONS OF THE WORKING GROUP.— 
(1) SUBMISSION.—Not later than 6 months after 
convening the working group, the Administrator shall 
submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report containing the criteria 
and recommendations developed by the working group 
under this section. 
(2) CONTENTS.—The report shall include a jus-
tification for each recommendation to consolidate or 
realign a service or facility (including a regional of-
fice) and a description of the costs and savings associ-
ated with the consolidation or realignment. 
(d) PUBLIC NOTICE AND COMMENT.—The Adminis-
trator shall publish the report submitted under subsection 
(c) in the Federal Register and allow 45 days for the sub-
mission of public comments. In addition, the Administrator 
upon request shall hold a public hearing in a community 
that would be affected by a recommendation in the report. 
(e) OBJECTIONS.—Any interested person may file with 
the Administrator a written objection to a recommendation 
of the working group. 
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231 
(f) REPORT TO CONGRESS CONTAINING RECOMMENDA-
TIONS OF THE ADMINISTRATOR.—Not later than 60 days 
after the last day of the period for public comment under 
subsection (d), the Administrator shall submit to the com-
mittees referred to in subsection (c)(1) a report containing 
the recommendations of the Administrator on realignment 
of services and facilities (including regional offices) of the 
FAA and copies of any public comments and objections re-
ceived by the Administrator under this section. 
(g) LIMITATION ON IMPLEMENTATION OF REALIGN-
MENTS
AND CONSOLIDATIONS.—The Administrator may 
not realign or consolidate any services or facilities (includ-
ing regional offices) of the FAA before the Administrator 
has submitted the report under subsection (f). 
(h) FAA DEFINED.—In this section, the term ‘‘FAA’’ 
means the Federal Aviation Administration. 
SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT IN-
SURANCE FOR NATIONAL TRANSPORTATION 
SAFETY BOARD EMPLOYEES. 
Section 1113 is amended by adding at the end the fol-
lowing: 
‘‘(i) ACCIDENTAL DEATH AND DISMEMBERMENT IN-
SURANCE.— 
‘‘(1) AUTHORITY TO PROVIDE INSURANCE.—The 
Board may procure accidental death and dismember-
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232 
ment insurance for an employee of the Board who 
travels for an accident investigation or other activity 
of the Board outside the United States or inside the 
United States under hazardous circumstances, as de-
fined by the Board. 
‘‘(2) CREDITING
OF
INSURANCE
BENEFITS
TO 
OFFSET
UNITED
STATES
TORT
LIABILITY.—Any 
amounts paid to a person under insurance coverage 
procured under this subsection shall be credited as off-
setting any liability of the United States to pay dam-
ages to that person under section 1346(b) of title 28, 
chapter 171 of title 28, chapter 163 of title 10, or any 
other provision of law authorizing recovery based 
upon tort liability of the United States in connection 
with the injury or death resulting in the insurance 
payment. 
‘‘(3) TREATMENT
OF
INSURANCE
BENEFITS.— 
Any amounts paid under insurance coverage procured 
under this subsection shall not— 
‘‘(A) be considered additional pay or allow-
ances for purposes of section 5536 of title 5; or 
‘‘(B) offset any benefits an employee may 
have as a result of government service, including 
compensation under chapter 81 of title 5. 
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233 
‘‘(4) ENTITLEMENT
TO
OTHER
INSURANCE.— 
Nothing in this subsection shall be construed as affect-
ing the entitlement of an employee to insurance under 
section 8704(b) of title 5.’’. 
SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE INDUS-
TRY IN INTERNATIONAL CHILD ABDUCTION 
CASES. 
(a) STUDY.—The Comptroller General shall conduct a 
study to help determine how the Federal Aviation Adminis-
tration (in this section referred to as the ‘‘FAA’’) could bet-
ter ensure the collaboration and cooperation of air carriers 
and foreign air carriers providing air transportation and 
relevant Federal agencies to develop and enforce child safety 
control for adults traveling internationally with children. 
(b) CONTENTS.—In conducting the study, the Comp-
troller General shall examine— 
(1) the nature and scope of exit policies and pro-
cedures of the FAA, air carriers, and foreign air car-
riers and how the enforcement of such policies and 
procedures is monitored, including ticketing and 
boarding procedures; 
(2) the extent to which air carriers and foreign 
air carriers cooperate in the investigations of inter-
national child abduction cases, including cooperation 
with the National Center for Missing and Exploited 
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Children and relevant Federal, State, and local agen-
cies; 
(3) any effective practices, procedures, or lessons 
learned from the assessment of current practices and 
procedures of air carriers, foreign air carriers, and 
operators of other transportation modes that could 
improve the ability of the aviation community to en-
sure the safety of children traveling internationally 
with adults and, as appropriate, enhance the capa-
bility of air carriers and foreign air carriers to co-
operate in the investigations of international child 
abduction cases; and 
(4) any liability issues associated with providing 
assistance in such investigations. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to Congress a report on the results of the study. 
SEC. 810. LOST NATION AIRPORT, OHIO. 
(a) APPROVAL OF SALE.—The Secretary of Transpor-
tation may approve the sale of Lost Nation Airport from 
the city of Willoughby, Ohio, to Lake County, Ohio, if— 
(1) Lake County meets all applicable require-
ments for sponsorship of the airport; and 
(2) Lake County agrees to assume the obligations 
and assurances of the grant agreements relating to the 
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235 
airport executed by the city of Willoughby under 
chapter 471 of title 49, United States Code, and to 
operate and maintain the airport in accordance with 
such obligations and assurances. 
(b) GRANTS.— 
(1) IN GENERAL.—The Secretary may make a 
grant, from funds made available under section 48103 
of title 49, United States Code, to Lake County to as-
sist in Lake County’s purchase of the Lost Nation 
Airport under subsection (a). 
(2) FEDERAL SHARE.—The Federal share of the 
grant under this subsection shall be for 90 percent of 
the cost of Lake County’s purchase of the Lost Nation 
Airport, but in no event may the Federal share of the 
grant exceed $1,220,000. 
(3) APPROVAL.—The Secretary may make a 
grant under this subsection only if the Secretary re-
ceives such written assurances as the Secretary may 
require under section 47107 of title 49, United States 
Code, with respect to the grant and Lost Nation Air-
port. 
(c) TREATMENT OF PROCEEDS FROM SALE.—The Sec-
retary may grant to the city of Willoughby an exemption 
from the provisions of sections 47107 and 47133 of such 
title, any grant obligations of the city of Willoughby, and 
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236 
regulations and policies of the Federal Aviation Adminis-
tration to the extent necessary to allow the city of 
Willoughby to use the proceeds from the sale approved under 
subsection (a) for any purpose authorized by the city of 
Willoughby. 
SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA. 
(a) FINDINGS.—Congress finds that— 
(1) Pollock Municipal Airport located in Pollock, 
Louisiana (in this section referred to as the ‘‘air-
port’’), has never been included in the National Plan 
of Integrated Airport Systems pursuant to section 
47103 of title 49, United States Code, and is therefore 
not considered necessary to meet the current or future 
needs of the national aviation system; and 
(2) closing the airport will not adversely affect 
aviation safety, aviation capacity, or air commerce. 
(b) REQUEST FOR CLOSURE.— 
(1) APPROVAL.—Notwithstanding any other pro-
vision of law, requirement, or agreement and subject 
to the requirements of this section, the Administrator 
of the Federal Aviation Administration shall— 
(A) approve a request from the town of Pol-
lock, Louisiana, to close the airport as a public 
airport; and 
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(B) release the town from any term, condi-
tion, reservation, or restriction contained in a 
surplus property conveyance or transfer docu-
ment, and from any order or finding by the De-
partment of Transportation on the use and re-
payment of airport revenue applicable to the air-
port, that would otherwise prevent the closure of 
the airport and redevelopment of the facilities to 
nonaeronautical uses. 
(2) CONTINUED AIRPORT OPERATION PRIOR TO 
APPROVAL.—The town of Pollock shall continue to op-
erate and maintain the airport until the Adminis-
trator grants the town’s request for closure of the air-
port. 
(3) USE
OF
PROCEEDS
FROM
SALE
OF
AIR-
PORT.—Upon the approval of the request to close the 
airport, the town of Pollock shall obtain fair market 
value for the sale of the airport property and shall 
immediately upon receipt transfer all such proceeds 
from the sale of the airport property to the sponsor 
of a public airport designated by the Administrator 
to be used for the development or improvement of such 
airport. 
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