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‘‘(D)(i) Within 6 months after the date of 
enactment of the FAA Air Transportation Mod-
ernization and Safety Improvement Act, the 
head of each such Department or agency shall 
execute a memorandum of understanding with 
the Office and with the other Departments and 
agencies participating in the Next Generation 
Air Transportation System project that— 
‘‘(I) describes the respective responsibil-
ities of each such Department and agency, 
including budgetary commitments; and 
‘‘(II) the budgetary and staff resources 
committed to the project. 
‘‘(ii) The memorandum shall be revised as 
necessary to reflect any changes in such respon-
sibilities or commitments and be reflected in 
each Department or agency’s budget request.’’; 
(5) by striking ‘‘beyond those currently included 
in the Federal Aviation Administration’s operational 
evolution plan’’ in subsection (b); 
(6) by striking ‘‘research and development road-
map’’ in subsection (b)(3) and inserting ‘‘implemen-
tation plan’’; 
(7) by striking ‘‘and’’ after the semicolon in sub-
section (b)(3)(B);
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(8) by inserting after subsection (b)(3)(C) the fol-
lowing: 
‘‘(D) a schedule of rulemakings required to 
issue regulations and guidelines for implementa-
tion of the Next Generation Air Transportation 
System within a timeframe consistent with the 
integrated plan; and’’; 
(9) by inserting ‘‘and key technologies’’ after 
‘‘concepts’’ in subsection (b)(4); 
(10) by striking ‘‘users’’ in subsection (b)(4) and 
inserting ‘‘users, an implementation plan,’’; 
(11) by adding at the end of subsection (b) the 
following: 
‘‘Within 6 months after the date of enactment of the FAA 
Air Transportation Modernization and Safety Improve-
ment Act, the Administrator shall develop the implementa-
tion plan described in paragraph (3) of this subsection and 
shall update it annually thereafter.’’; and 
(12) by striking ‘‘2010.’’ in subsection (e) and 
inserting ‘‘2011.’’. 
(b) SENIOR POLICY COMMITTEE MEETINGS.—Section 
710(a) of such Act (49 U.S.C. 40101 note) is amended by 
striking ‘‘Secretary.’’ and inserting ‘‘Secretary and shall 
meet at least once each quarter.’’.
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SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY. 
Section 40102(a)(4) is amended— 
(1) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) runway lighting and airport surface 
visual and other navigation aids;’’; 
(2) by striking ‘‘weather information, signaling, 
radio-directional finding, or radio or other electro-
magnetic communication; and’’ in subparagraph (C) 
and inserting ‘‘aeronautical and meteorological infor-
mation to air traffic control facilities or aircraft, sup-
plying communication, navigation or surveillance 
equipment for air-to-ground or air-to-air applica-
tions;’’; 
(3) by striking ‘‘another structure’’ in subpara-
graph (D) and inserting ‘‘any structure, equipment,’’; 
(4) by striking ‘‘aircraft.’’ in subparagraph (D) 
and inserting ‘‘aircraft; and’’; and 
(5) by adding at the end the following: 
‘‘(E) buildings, equipment, and systems 
dedicated to the National Airspace System.’’. 
SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVEN-
TORY. 
Section 40110(a)(2) is amended by striking ‘‘com-
pensation; and’’ and inserting ‘‘compensation, and the
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amount received may be credited to the appropriation cur-
rent when the amount is received; and’’. 
SEC. 312. EDUCATIONAL REQUIREMENTS. 
The Administrator shall make payments to the De-
partment of Defense for the education of dependent children 
of those Administration employees in Puerto Rico and 
Guam as they are subject to transfer by policy and practice 
and meet the eligibility requirements of section 2164(c) of 
title 10, United States Code. 
SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM. 
Section 40122(a)(2) is amended to read as follows: 
‘‘(2) DISPUTE RESOLUTION.— 
‘‘(A) MEDIATION.—If the Administrator 
does not reach an agreement under paragraph 
(1) or subsection (g)(2)(C) with the exclusive 
bargaining representatives, the services of the 
Federal Mediation and Conciliation Service shall 
be used to attempt to reach such agreement in 
accordance with part 1425 of title 29, Code of 
Federal Regulations. The Administrator and 
bargaining representatives may by mutual agree-
ment adopt procedures for the resolution of dis-
putes or impasses arising in the negotiation of a 
collective-bargaining agreement.
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‘‘(B) BINDING ARBITRATION.—If the serv-
ices of the Federal Mediation and Conciliation 
Service under subparagraph (A) do not lead to 
an agreement, the Administrator and the bar-
gaining representatives shall submit their issues 
in controversy to the Federal Service Impasses 
Panel in accordance with section 7119 of title 5. 
The Panel shall assist the parties in resolving the 
impasse by asserting jurisdiction and ordering 
binding arbitration by a private arbitration 
board consisting of 3 members in accordance 
with section 2471.6(a)(2)(ii) of title 5, Code of 
Federal Regulations. The executive director of the 
Panel shall request a list of not less than 15 
names of arbitrators with Federal sector experi-
ence from the director of the Federal Mediation 
and Conciliation Service to be provided to the 
Administrator and the bargaining representa-
tives. Within 10 days after receiving the list, the 
parties shall each select 1 person. The 2 arbitra-
tors shall then select a third person from the list 
within 7 days. If the 2 arbitrators are unable to 
agree on the third person, the parties shall select 
the third person by alternately striking names 
from the list until only 1 name remains. If the
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parties do not agree on the framing of the issues 
to be submitted, the arbitration board shall 
frame the issues. The arbitration board shall give 
the parties a full and fair hearing, including an 
opportunity to present evidence in support of 
their claims, and an opportunity to present their 
case in person, by counsel, or by other represent-
ative as they may elect. Decisions of the arbitra-
tion board shall be conclusive and binding upon 
the parties. The arbitration board shall render 
its decision within 90 days after its appoint-
ment. The Administrator and the bargaining 
representative shall share costs of the arbitration 
equally. The arbitration board shall take into 
consideration the effect of its arbitration deci-
sions on the Federal Aviation Administration’s 
ability to attract and retain a qualified work-
force and the Federal Aviation Administration’s 
budget. 
‘‘(C) EFFECT.—Upon reaching a voluntary 
agreement or at the conclusion of the binding ar-
bitration under subparagraph (B) above, the 
final agreement, except for those matters decided 
by the arbitration board, shall be subject to rati-
fication by the exclusive representative, if so re-
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quested by the exclusive representative, and ap-
proval by the head of the agency in accordance 
with subsection (g)(2)(C). 
‘‘(D) ENFORCEMENT.—Enforcement of the 
provisions of this paragraph shall be in the 
United States District Court for the District of 
Columbia.’’. 
SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES. 
(a) OEP AIRPORT PROCEDURES.— 
(1) IN GENERAL.—Within 6 months after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall publish a re-
port, after consultation with representatives of appro-
priate Administration employee groups, airport oper-
ators, air carriers, general aviation representatives, 
aircraft and avionics manufacturers, and third par-
ties that have received letters of qualification from the 
Administration to design and validate required navi-
gation performance flight paths for public use (in this 
section referred to as ‘‘qualified third parties’’) that 
includes the following: 
(A) RNP OPERATIONS.—A list of required 
navigation performance procedures (as defined 
in FAA order 8260.52(d)) to be developed, cer-
tified, and published, and the air traffic control
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operational changes, to maximize the efficiency 
and capacity of NextGen commercial operations 
at the 137 small, medium, and large hub air-
ports. The Administrator shall clearly identify 
each required navigation performance operation 
that is an overlay of an existing instrument 
flight procedure. 
(B) COORDINATION
AND
IMPLEMENTATION 
ACTIVITIES.—A description of the activities and 
operational changes and approvals required to 
coordinate and to utilize those procedures at each 
of the airports in subparagraph (A). 
(C) IMPLEMENTATION
PLAN.—A plan for 
implementation of those procedures that estab-
lishes— 
(i) clearly defined budget, schedule, 
project organization, environmental, and 
leadership requirements; 
(ii) specific implementation and tran-
sition steps; 
(iii) coordination and communications 
mechanisms with qualified third parties; 
(iv) specific procedures for engaging 
the appropriate Administration employee 
groups to ensure that human factors, train-
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ing and other issues surrounding the adop-
tion of required navigation performance 
procedures in the en route and terminal en-
vironments are addressed; 
(v) baseline and performance metrics 
for measuring the Administration’s progress 
in implementing the plan, including the 
percentage utilization of required naviga-
tion performance in the National Airspace 
System; 
(vi) outcome-based performance metrics 
to measure progress in implementing RNP 
procedures that reduce fuel burn and emis-
sions; 
(vii) a description of the software and 
database information, such as a current 
version of the Noise Integrated Routing Sys-
tem or the Integrated Noise Model that the 
Administration will need to make available 
to qualified third parties to enable those 
third parties to design procedures that will 
meet the broad range of requirements of the 
Administration; 
(viii) lifecycle management for RNP 
procedures; and
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(ix) an expedited validation process 
that allows an air carrier using a RNP 
procedure validated by the Administrator at 
an airport for a specific model of aircraft 
and equipage to transfer all of the informa-
tion associated with the use of that proce-
dure to another air carrier for use at the 
same airport for the same model of aircraft 
and equipage. 
(2) IMPLEMENTATION SCHEDULE.—The Admin-
istrator shall certify, publish, and implement— 
(A) 30 percent of the required procedures 
within 18 months after the date of enactment of 
this Act; 
(B) 60 percent of the procedures within 36 
months after the date of enactment of this Act; 
and 
(C) 100 percent of the procedures before 
January 1, 2014. 
(b) OTHER AIRPORTS.— 
(1) IN GENERAL.—Within one year after the date 
of enactment of this Act, the Administration shall 
publish a report, after consultation with representa-
tives of appropriate Administration employee groups, 
airport operators, air carriers, general aviation rep-
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resentatives, aircraft and avionics manufacturers, 
and qualified third parties, that includes a plan for 
applying the procedures, requirements, criteria, and 
metrics described in subsection (a)(1) to other air-
ports across the Nation, with priority given to those 
airports where procedures developed, certified, and 
published under this section will provide the greatest 
benefits in terms of safety, capacity, fuel burn, and 
emissions. 
(2) SURVEYING
OBSTACLES
SURROUNDING
RE-
GIONAL AIRPORTS.—Not later than 1 year after the 
date of enactment of that Act, the Administrator, in 
consultation with the State secretaries of transpor-
tation and state, shall identify options and funding 
mechanisms for surveying obstacles in areas around 
airports such that can be used as an input to future 
RNP procedures. 
(3) IMPLEMENTATION SCHEDULE.—The Admin-
istration shall certify, publish, and implement— 
(A) 25 percent of the required procedures at 
such other airports within 18 months after the 
date of enactment of this Act; 
(B) 50 percent of the procedures at such 
other airports within 30 months after the date of 
enactment of this Act;
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(C) 75 percent of the procedures at such 
other airports within 42 months after the date of 
enactment of this Act; and 
(D) 100 percent of the procedures before 
January 1, 2016. 
(c) ESTABLISHMENT OF PRIORITIES.—The Adminis-
tration shall extend the charter of the Performance Based 
Navigation Aviation Rulemaking Committee as necessary 
to authorize and request it to establish priorities for the de-
velopment, certification, publication, and implementation 
of the navigation performance procedures based on their po-
tential safety, efficiency, and congestion benefits. 
(d) COORDINATED
AND EXPEDITED REVIEW.—Re-
quired Navigation Performance and other performance- 
based navigation procedures developed, certified, published, 
and implemented under this section that will measurably 
reduce aircraft emissions and result in an absolute reduc-
tion or no net increase in noise levels shall be presumed 
to have no significant environmental impact and the Ad-
ministrator shall issue and file a categorical exclusion for 
such procedures. 
(e) DEPLOYMENT PLAN FOR NATIONWIDE DATA COM-
MUNICATIONS SYSTEM.—Within 1 year after the date of en-
actment of this Act, the Administrator shall submit a plan 
for implementation of a nationwide communications system
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to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Transportation and Infrastructure. The plan shall in-
clude— 
(1) clearly defined budget, schedule, project orga-
nization, and leadership requirements; 
(2) specific implementation and transition steps; 
and 
(3) baseline and performance metrics for meas-
uring the Administration’s progress in implementing 
the plan. 
(f) IMPROVED PERFORMANCE STANDARDS.—Within 
90 days after the date of enactment of this Act, the Adminis-
trator shall submit a report to the Senate committee on 
commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infra-
structure that— 
(1) evaluates whether utilization of ADS–B, 
RNP, and other technologies as part of the NextGen 
Air Transportation System implementation plan will 
display the position of aircraft more accurately and 
frequently so as to enable a more efficient use of exist-
ing airspace and result in reduced consumption of 
aviation fuel and aircraft engine emissions;
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(2) evaluates the feasibility of reducing aircraft 
separation standards in a safe manner as a result of 
implementation of such technologies; and 
(3) if the Administrator determines that such 
standards can be reduced safely, includes a timetable 
for implementation of such reduced standards. 
SEC. 315. ADS–B DEVELOPMENT AND IMPLEMENTATION. 
(a) IN GENERAL.— 
(1) REPORT REQUIRED.—Within 90 days after 
the date of enactment of this Act, the Administrator 
shall submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the 
House of Representatives Committee on Transpor-
tation and Infrastructure detailing the Administra-
tion’s program and schedule for integrating ADS–B 
technology into the National Airspace System. The re-
port shall include— 
(A) a clearly defined budget, schedule, 
project organization, leadership, and the specific 
implementation or transition steps required to 
achieve these ADS–B ground station installation 
goals; 
(B) a transition plan for ADS–B that in-
cludes date-specific milestones for the implemen-
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tation of new capabilities into the National Air-
space System; 
(C) identification of any potential oper-
ational or workforce changes resulting from de-
ployment of ADS–B; 
(D) detailed plans and schedules for imple-
mentation of advanced operational procedures 
and ADS–B air-to-air applications; and 
(E) baseline and performance metrics in 
order to measure the agency’s progress. 
(2) IDENTIFICATION AND MEASUREMENT OF BEN-
EFITS.—In the report required by paragraph (1), the 
Administrator shall identify actual benefits that will 
accrue to National Airspace System users, small and 
medium-sized airports, and general aviation users 
from deployment of ADS–B and provide an expla-
nation of the metrics used to quantify those benefits. 
(b) RULEMAKINGS.— 
(1) ADS–B OUT.—Not later than 45 days after 
the date of enactment of this Act the Administrator 
shall— 
(A) complete the initial rulemaking pro-
ceeding (Docket No. FAA–2007–29305; Notice 
No. 07–15; 72 FR 56947) to issue guidelines and 
regulations for ADS–B Out technology that—
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(i) identify the ADS–B Out technology 
that will be required under NextGen; 
(ii) subject to paragraph (3), require 
all aircraft to be equipped with such tech-
nology by 2015; and 
(iii) identify— 
(I) the type of such avionics re-
quired of aircraft for all classes of air-
space; 
(II) the expected costs associated 
with the avionics; and 
(III) the expected uses and bene-
fits of the avionics; and 
(B) initiate a rulemaking proceeding to 
issue any additional guidelines and regulations 
for ADS–B Out technology not addressed in the 
initial rulemaking. 
(2) ADS–B IN.—Not later than 45 days after the 
date of enactment of this Act the Administrator shall 
initiate a rulemaking proceeding to issue guidelines 
and regulations for ADS–B In technology that— 
(A) identify the ADS–B In technology that 
will be required under NextGen;
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(B) subject to paragraph (3), require all 
aircraft to be equipped with such technology by 
2018; and 
(C) identify— 
(i) the type of such avionics required of 
aircraft for all classes of airspace; 
(ii) the expected costs associated with 
the avionics; and 
(iii) the expected uses and benefits of 
the avionics. 
(3) READINESS VERIFICATION.—Before the date 
on which all aircraft are required to be equipped with 
ADS–B technology pursuant to rulemakings under 
paragraphs (1) and (2), the Air Traffic Control Mod-
ernization Oversight Board shall verify that— 
(A) the necessary ground infrastructure is 
installed and functioning properly; 
(B) certification standards have been ap-
proved; and 
(C) 
appropriate 
operational 
platforms 
interface safely and efficiently. 
(c) USES.—Within 18 months after the date of enact-
ment of this Act, the Administrator shall develop, in con-
sultation with appropriate employee groups, a plan for the
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use of ADS–B technology for surveillance and active air 
traffic control by 2015. The plans shall— 
(1) include provisions to test the use of ADS–B 
prior to the 2015 deadline for surveillance and active 
air traffic control in specific regions of the country 
with the most congested airspace; 
(2) identify the equipment required at air traffic 
control facilities and the training required for air 
traffic controllers; 
(3) develop procedures, in consultation with ap-
propriate employee groups, to conduct air traffic 
management in mixed equipage environments; and 
(4) establish a policy in these test regions, with 
consultation from appropriate employee groups, to 
provide incentives for equipage with ADS–B tech-
nology by giving priority to aircraft equipped with 
such technology before the 2015 and 2018 equipage 
deadlines. 
(d) CONDITIONAL EXTENSION
OF DEADLINES
FOR 
EQUIPPING AIRCRAFT WITH ADS–B TECHNOLOGY.— 
(1) ADS–B OUT.—In the case that the Adminis-
trator fails to complete the initial rulemaking de-
scribed in subparagraph (A) of subsection (b)(1) on or 
before the date that is 45 days after the date of the 
enactment of this Act, the deadline described in clause
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(ii) of such subparagraph shall be extended by an 
amount of time that is equal to the amount of time 
of the period beginning on the date that is 45 days 
after the date of the enactment of this Act and ending 
on the date on which the Administrator completes 
such initial rulemaking. 
(2) ADS–B IN.—In the case that the Adminis-
trator fails to initiate the rulemaking required by 
paragraph (2) of subsection (b) on or before the date 
that is 45 days after the date of the enactment of this 
Act, the deadline described in subparagraph (B) of 
such paragraph shall be extended by an amount of 
time that is equal to the amount of time of the period 
beginning on the date that is 45 days after the date 
of the enactment of this Act and ending on the date 
on which the Administrator initiates such rule-
making. 
SEC. 316. EQUIPAGE INCENTIVES. 
(a) IN GENERAL.—The Administrator shall issue a re-
port that— 
(1) identifies incentive options to encourage the 
equipage of aircraft with NextGen technologies, in-
cluding a policy that gives priority to aircraft 
equipped with ADS–B technology;
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(2) identifies the costs and benefits of each op-
tion; and 
(3) includes input from industry stakeholders, 
including passenger and cargo air carriers, aerospace 
manufacturers, and general aviation aircraft opera-
tors. 
(b) DEADLINE.—The Administrator shall issue the re-
port before the earlier of— 
(1) the date that is 6 months after the date of 
enactment of this Act; or 
(2) the date on which aircraft are required to be 
equipped with ADS–B technology pursuant to 
rulemakings under section 315(b) of this Act. 
SEC. 317. PERFORMANCE METRICS. 
(a) IN GENERAL.—No later than June 1, 2010, the Ad-
ministrator shall establish and track National Airspace 
System performance metrics, including, at a minimum— 
(1) the allowable operations per hour on run-
ways; 
(2) average gate-to-gate times; 
(3) fuel burned between key city pairs; 
(4) operations using the advanced procedures 
implemented under section 314 of this Act; 
(5) average distance flown between key city 
pairs;
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(6) time between pushing back from the gate and 
taking off; 
(7) uninterrupted climb or descent; 
(8) average gate arrival delay for all arrivals; 
(9) flown versus filed flight times for key city 
pairs; and 
(10) metrics to demonstrate reduced fuel burn 
and reduced emissions. 
(b) OPTIMAL BASELINES.—The Administrator, in con-
sultation with aviation industry stakeholders, shall identify 
optimal baselines for each of these metrics and appropriate 
methods to measure deviations from these baselines. 
(c) PUBLICATION.—The Administration shall make the 
data obtained under subsection (a) available to the public 
in a searchable, sortable, downloadable format through its 
website and other appropriate media. 
(d) REPORTS.— 
(1) INITIAL REPORT.—Not later than 90 days 
after the date of enactment of this Act, the Adminis-
trator shall submit to the Senate Committee on Com-
merce, Science, and Transportation and the House of 
Representatives Committee on Transportation and 
Infrastructure that contains— 
(A) a description of the metrics that will be 
used to measure the Administration’s progress in
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implementing NextGen Air Transportation Sys-
tem capabilities and operational results; and 
(B) information about how any additional 
metrics were developed. 
(2) ANNUAL PROGRESS REPORT.—The Adminis-
trator shall submit an annual progress report to those 
committees on the Administration’s progress in im-
plementing NextGen Air Transportation System. 
SEC. 318. CERTIFICATION STANDARDS AND RESOURCES. 
(a) IN GENERAL.—Within 6 months after the date of 
enactment of this Act, the Administrator shall develop a 
plan to accelerate and streamline the process for certifi-
cation of NextGen technologies, including— 
(1) updated project plans and timelines to meet 
the deadlines established by this title; 
(2) identification of the specific activities needed 
to certify core NextGen technologies, including the es-
tablishment of NextGen technical requirements for the 
manufacture of equipage, installation of equipage, 
airline operational procedures, pilot training stand-
ards, air traffic control procedures, and air traffic 
controller training; 
(3) staffing requirements for the Air Certifi-
cation Service and the Flight Standards Service, and 
measures addressing concerns expressed by the De-
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partment of Transportation Inspector General and 
the Comptroller General regarding staffing needs for 
modernization; 
(4) an assessment of the extent to which the Ad-
ministration will use third parties in the certification 
process, and the cost and benefits of this approach; 
and 
(5) performance metrics to measure the Adminis-
tration’s progress. 
(b) CERTIFICATION INTEGRITY.—The Administrator 
shall make no distinction between public or privately owned 
equipment, systems, or services used in the National Air-
space System when determining certification requirements. 
SEC. 319. REPORT ON FUNDING FOR NEXTGEN TECH-
NOLOGY. 
Not later than 120 days after the date of the enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall submit to Congress a report that con-
tains— 
(1) a financing proposal that— 
(A) uses innovative methods to fully fund 
the development and implementation of tech-
nology for the Next Generation Air Transpor-
tation System in a manner that does not in-
crease the Federal deficit; and
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(B) takes into consideration opportunities 
for involvement by public-private partnerships; 
and 
(C) recommends creative financing pro-
posals other than user fees or higher taxes; and 
(2) recommendations with respect to how the Ad-
ministrator and Congress can provide operational 
benefits, such as benefits relating to preferred air-
space, routings, or runway access, for all aircraft, in-
cluding air carriers and general aviation, that equip 
their aircraft with technology necessary for the oper-
ation of the Next Generation Air Transportation Sys-
tem before the date by which the Administrator re-
quires the use of such technology. 
SEC. 320. UNMANNED AERIAL SYSTEMS. 
(a) IN GENERAL.—Within 1 year after the date of en-
actment of this Act, the Administrator shall develop a plan 
to accelerate the integration of unmanned aerial systems 
into the National Airspace System that— 
(1) creates a pilot project to integrate such vehi-
cles into the National Airspace System at 4 test sites 
in the National Airspace System by 2012; 
(2) creates a safe, non-exclusionary airspace des-
ignation for cooperative manned and unmanned 
flight operations in the National Airspace System;
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(3) establishes a process to develop— 
(A) air traffic requirements for all un-
manned aerial systems at the test sites; and 
(B) certification and flight standards for 
nonmilitary unmanned aerial systems at the test 
sites; 
(4) dedicates funding for unmanned aerial sys-
tems research and development relating to— 
(A) air traffic requirements; and 
(B) certification and flight standards for 
nonmilitary unmanned aerial systems in the Na-
tional Airspace System; 
(5) encourages leveraging and coordination of 
such research and development activities with the Na-
tional Aeronautics and Space Administration and the 
Department of Defense; 
(6) addresses both military and nonmilitary un-
manned aerial system operations; 
(7) ensures that the unmanned aircraft systems 
integration plan is incorporated in the Administra-
tion’s NextGen Air Transportation System implemen-
tation plan; and 
(8) provides for integration into the National 
Airspace System of safety standards and navigation 
procedures validated—
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(A) under the pilot project created pursuant 
to paragraph (1); or 
(B) through other related research and de-
velopment activities carried out pursuant to 
paragraph (4). 
(b) SELECTION OF TEST SITES.— 
(1) INCREASED NUMBER OF TEST SITES; DEAD-
LINE
FOR
PILOT
PROJECT.—Notwithstanding sub-
section (a)(1), the plan developed under subsection (a) 
shall include a pilot project to integrate unmanned 
aerial systems into the National Airspace System at 
6 test sites in the National Airspace System by De-
cember 31, 2012. 
(2) TEST SITE CRITERIA.—The Administrator of 
the Federal Aviation Administration shall take into 
consideration geographical and climate diversity and 
appropriate facilities in determining where the test 
sites to be established under the pilot project required 
by subsection (a)(1) are to be located. 
(c) CERTIFICATION
AND FLIGHT STANDARDS
FOR 
MILITARY UNMANNED AERIAL SYSTEMS.—The Secretary of 
Defense shall establish a process to develop certification and 
flight standards for military unmanned aerial systems at 
the test sites referred to in subsection (a)(1).
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(d) CERTIFICATION PROCESS.—The Administrator of 
the Federal Aviation Administration shall expedite the ap-
proval process for requests for certificates of authorization 
at test sites referred to in subsection (a)(1). 
(e) REPORT
ON SYSTEMS
AND DETECTION TECH-
NIQUES.—Not later than 180 days after the date of the en-
actment of this Act, the Administrator of the Federal Avia-
tion Administration shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a report describing and assessing 
the progress being made in establishing special use airspace 
to fill the immediate need of the Department of Defense to 
develop detection techniques for small unmanned aerial ve-
hicles and to validate sensor integration and operation of 
unmanned aerial systems. 
SEC. 321. SURFACE SYSTEMS PROGRAM OFFICE. 
(a) IN GENERAL.—The Air Traffic Organization 
shall— 
(1) evaluate the Airport Surface Detection 
Equipment-Model X program for its potential con-
tribution to implementation of the NextGen initiative; 
(2) evaluate airport surveillance technologies and 
associated collaborative surface management software
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for potential contributions to implementation of 
NextGen surface management; 
(3) accelerate implementation of the program; 
and 
(4) carry out such additional duties as the Ad-
ministrator may require. 
(b) EXPEDITED CERTIFICATION AND UTILIZATION.— 
The Administrator shall— 
(1) consider options for expediting the certifi-
cation of Ground Based Augmentation System tech-
nology; and 
(2) develop a plan to utilize such a system at the 
35 Operational Evolution Partnership airports by 
September 30, 2012. 
SEC. 322. STAKEHOLDER COORDINATION. 
(a) IN GENERAL.—The Administrator shall establish 
a process for including qualified employees selected by each 
exclusive collective bargaining representative of employees 
of the Administration who are likely to be affected by the 
planning, development, and deployment of air traffic con-
trol modernization projects (including the Next Generation 
Air Transportation System) in, and collaborating with, 
such employees in the planning, development, and deploy-
ment of those projects. 
(b) PARTICIPATION.—
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(1) BARGAINING
OBLIGATIONS
AND
RIGHTS.— 
Participation in the process described in subsection 
(a) shall not be construed as a waiver of any bar-
gaining 
obligations 
or 
rights 
under 
section 
40122(a)(1) or 40122(g)(2)(C) of title 49, United 
States Code. 
(2) CAPACITY
AND
COMPENSATION.—Exclusive 
collective bargaining representatives and selected em-
ployees participating in the process described in sub-
section (a) shall— 
(A) serve in a collaborative and advisory 
capacity; and 
(B) receive appropriate travel and per diem 
expenses in accordance with the travel policies of 
the Administration in addition to any regular 
compensation and benefits. 
(c) REPORT.—No later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
a report on the implementation of this section to the Senate 
Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation 
and Infrastructure.
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SEC. 323. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA-
CILITY CONDITIONS. 
(a) ESTABLISHMENT.—The Administrator shall estab-
lish a special task force to be known as the ‘‘FAA Task 
Force on Air Traffic Control Facility Conditions’’. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Task Force shall be com-
posed of 11 members of whom— 
(A) 7 members shall be appointed by the 
Administrator; and 
(B) 4 members shall be appointed by labor 
unions representing employees who work at field 
facilities of the Administration. 
(2) QUALIFICATIONS.—Of the members ap-
pointed by the Administrator under paragraph 
(1)(A)— 
(A) 4 members shall be specialists on toxic 
mold abatement, ‘‘sick building syndrome,’’ and 
other hazardous building conditions that can 
lead to employee health concerns and shall be ap-
pointed by the Administrator in consultation 
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.
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(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 
may detail, on a reimbursable basis, any of the per-
sonnel of that department or agency to the Task Force 
to assist it in carrying out its duties under this sec-
tion.
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(3) OTHER STAFF AND SUPPORT.—Upon request 
of the Task Force or a panel of the Task Force, the 
Administrator shall provide the Task Force or panel 
with professional and administrative staff and other 
support, on a reimbursable basis, to the Task Force 
to assist it in carrying out its duties under this sec-
tion. 
(e) OBTAINING OFFICIAL DATA.—The Task Force may 
secure directly from any department or agency of the 
United States information (other than information required 
by any statute of the United States to be kept confidential 
by such department or agency) necessary for the Task Force 
to carry out its duties under this section. Upon request of 
the chairperson of the Task Force, the head of that depart-
ment or agency shall furnish such information to the Task 
Force. 
(f) DUTIES.— 
(1) STUDY.—The Task Force shall undertake a 
study of— 
(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
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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. 
(2) FACILITY
CONDITION
INDICES.—The Task 
Force shall review the facility condition indices of the 
Administration for inclusion in the recommendations 
under subsection (g). 
(g) RECOMMENDATIONS.—Based on the results of the 
study and review of the facility condition indices under sub-
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section (f), the Task Force shall make recommendations as 
it considers necessary to— 
(1) prioritize those facilities needing the most 
immediate attention in order of the greatest risk to 
employee health and safety; 
(2) ensure that the Administration is using sci-
entifically approved remediation techniques in all fa-
cilities; and 
(3) assist the Administration in making pro-
grammatic changes so that aging air traffic control 
facilities do not deteriorate to unsafe levels. 
(h) REPORT.—Not later than 6 months after the date 
on which initial appointments of members to the Task 
Force are completed, the Task Force shall submit a report 
to the Administrator, the Senate Committee on Commerce, 
Science, and Transportation, and the House of Representa-
tives Committee on Transportation and Infrastructure on 
the activities of the Task Force, including the recommenda-
tions of the Task Force under subsection (g). 
(i) IMPLEMENTATION.—Within 30 days after receipt 
of the Task Force report under subsection (h), the Adminis-
trator shall submit to the House of Representatives Com-
mittee on Transportation and Infrastructure and the Sen-
ate Committee on Commerce, Science, and Transportation 
a report that includes a plan and timeline to implement
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the recommendations of the Task Force and to align future 
budgets and priorities of the Administration accordingly. 
(j) TERMINATION.—The Task Force shall terminate on 
the last day of the 30-day period beginning on the date on 
which the report under subsection (h) is submitted. 
(k) APPLICABILITY OF THE FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Task Force. 
SEC. 324. STATE ADS–B EQUIPAGE BANK PILOT PROGRAM. 
(a) IN GENERAL.— 
(1) COOPERATIVE AGREEMENTS.—Subject to the 
provisions of this section, the Secretary of Transpor-
tation may enter into cooperative agreements with 
not to exceed 5 States for the establishment of State 
ADS–B equipage banks for making loans and pro-
viding other assistance to public entities for projects 
eligible for assistance under this section. 
(b) FUNDING.— 
(1) SEPARATE ACCOUNT.—An ADS–B equipage 
bank established under this section shall maintain a 
separate aviation trust fund account for Federal 
funds contributed to the bank under paragraph (2). 
No Federal funds contributed or credited to an ac-
count of an ADS–B equipage bank established under 
this section may be commingled with Federal funds
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contributed or credited to any other account of such 
bank. 
(2) AUTHORIZATION.—There are authorized to be 
appropriated to the Secretary $25,000,000 for each of 
fiscal years 2010 through 2014. 
(c) FORMS OF ASSISTANCE FROM ADS–B EQUIPAGE 
BANKS.—An ADS–B equipage bank established under this 
section may make loans or provide other assistance to a 
public entity in an amount equal to all or part of the cost 
of carrying out a project eligible for assistance under this 
section. The amount of any loan or other assistance pro-
vided for such project may be subordinated to any other 
debt financing for the project. 
(d) QUALIFYING PROJECTS.—Federal funds in the 
ADS–B equipage account of an ADS–B equipage bank es-
tablished under this section may be used only to provide 
assistance with respect to aircraft ADS–B and related avi-
onics equipage. 
(e) REQUIREMENTS.—In order to establish an ADS– 
B equipage bank under this section, each State establishing 
such a bank shall— 
(1) contribute, at a minimum, in each account 
of the bank from non-Federal sources an amount 
equal to 50 percent of the amount of each capitaliza-
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tion grant made to the State and contributed to the 
bank; 
(2) ensure that the bank maintains on a con-
tinuing basis an investment grade rating on its debt 
issuances or has a sufficient level of bond or debt fi-
nancing instrument insurance to maintain the viabil-
ity of the bank; 
(3) ensure that investment income generated by 
funds contributed to an account of the bank will be— 
(A) credited to the account; 
(B) available for use in providing loans and 
other assistance to projects eligible for assistance 
from the account; and 
(C) invested in United States Treasury se-
curities, bank deposits, or such other financing 
instruments as the Secretary may approve to 
earn interest to enhance the leveraging of projects 
assisted by the bank; 
(4) ensure that any loan from the bank will bear 
interest at or below market interest rates, as deter-
mined by the State, to make the project that is the 
subject of the loan feasible; 
(5) ensure that the term for repaying any loan 
will not exceed 10 years after the date of the first 
payment on the loan; and
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(6) require the bank to make an annual report 
to the Secretary on its status no later than September 
30 of each year for which funds are made available 
under this section, and to make such other reports as 
the Secretary may require by guidelines. 
SEC. 325. IMPLEMENTATION OF INSPECTOR GENERAL ATC 
RECOMMENDATIONS. 
(a) IN GENERAL.—As soon as practicable after the 
date of enactment of this Act, but no later than 1 year after 
that date, the Administrator of the Federal Aviation Ad-
ministration shall— 
(1) provide the Los Angeles International Air 
Traffic Control Tower facility, the Southern Cali-
fornia Terminal Radar Approach Control facility, 
and the Northern California Terminal Radar Ap-
proach Control facility a sufficient number of con-
tract instructors, classroom space (including off-site 
locations as needed), and simulators for a surge in 
the number of new air traffic controllers at those fa-
cilities; 
(2) to the greatest extent practicable, distribute 
the placement of new trainee air traffic controllers at 
those facilities evenly across the calendar year in 
order to avoid training bottlenecks;
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(3) commission an independent analysis, in con-
sultation with the Administration and the exclusive 
bargaining representative of air traffic controllers cer-
tified under section 7111 of title 5, United States 
Code, of overtime scheduling practices at those facili-
ties; and 
(4) to the greatest extent practicable, provide pri-
ority to certified professional controllers-in-training 
when filling staffing vacancies at those facilities. 
(b) STAFFING ANALYSES AND REPORTS.—For the pur-
poses of— 
(1) the Federal Aviation Administration’s an-
nual controller workforce plan, 
(2) the Administration’s facility-by-facility au-
thorized staffing ranges, and 
(3) any report of air traffic controller staffing 
levels submitted to the Congress, 
the Administrator may not consider an individual to be 
an air traffic controller unless that individual is a certified 
professional controller. 
SEC. 326. SEMIANNUAL REPORT ON STATUS OF GREENER 
SKIES PROJECT. 
(a) INITIAL REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Administrator 
shall submit to Congress a report on the strategy of the Ad-
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ministrator for implementing, on an accelerated basis, the 
NextGen operational capabilities produced by the Greener 
Skies project, as recommended in the final report of the 
RTCA NextGen Mid-Term Implementation Task Force that 
was issued on September 9, 2009. 
(b) SUBSEQUENT REPORTS.— 
(1) IN GENERAL.—Not later than 180 days after 
the Administrator submits to Congress the report re-
quired by subsection (a) and not less frequently than 
once every 180 days thereafter until September 30, 
2011, the Administrator shall submit to the Com-
mittee on Commerce, Science, and Transportation of 
the Senate and to the Committee on Transportation 
and Infrastructure of the House of Representatives a 
report on the progress of the Administrator in car-
rying out the strategy described in the report sub-
mitted under subsection (a). 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include the following: 
(A) A timeline for full implementation of 
the strategy described in the report submitted 
under subsection (a). 
(B) A description of the progress made in 
carrying out such strategy.
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(C) A description of the challenges, if any, 
encountered by the Administrator in carrying 
out such strategy. 
SEC. 327. DEFINITIONS. 
In this title: 
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the Federal Aviation Administration. 
(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal Avia-
tion Administration. 
(3) NEXTGEN.—The term ‘‘NextGen’’ means the 
Next Generation Air Transportation System. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 328. FINANCIAL INCENTIVES FOR NEXTGEN EQUI-
PAGE. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration may enter into agreements to fund 
the costs of equipping aircraft with communications, sur-
veillance, navigation, and other avionics to enable NextGen 
air traffic control capabilities. 
(b) FUNDING INSTRUMENT.—The Administrator may 
make grants or other instruments authorized under section 
106(l)(6) of title 49, United States Code, to carry out sub-
section (a).
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TITLE IV—AIRLINE SERVICE AND 
SMALL COMMUNITY AIR SERV-
ICE IMPROVEMENTS 
SUBTITLE A—CONSUMER PROTECTION 
SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT. 
(a) IN GENERAL.—Chapter 417 is amended by adding 
at the end the following: 
‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE 
‘‘§ 41781. Air carrier and airport contingency plans 
for long on-board tarmac delays 
‘‘(a) DEFINITION
OF TARMAC DELAY.—The term 
‘tarmac delay’ means the holding of an aircraft on the 
ground before taking off or after landing with no oppor-
tunity for its passengers to deplane. 
‘‘(b) SUBMISSION
OF AIR CARRIER
AND AIRPORT 
PLANS.—Not later than 60 days after the date of the enact-
ment of the FAA Air Transportation Modernization and 
Safety Improvement Act, each air carrier and airport oper-
ator shall submit, in accordance with the requirements 
under this section, a proposed contingency plan to the Sec-
retary of Transportation for review and approval. 
‘‘(c) MINIMUM STANDARDS.—The Secretary of Trans-
portation shall establish minimum standards for elements 
in contingency plans required to be submitted under this 
section to ensure that such plans effectively address long on-
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board tarmac delays and provide for the health and safety 
of passengers and crew. 
‘‘(d) AIR CARRIER PLANS.—The plan shall require 
each air carrier to implement at a minimum the following: 
‘‘(1) PROVISION OF ESSENTIAL SERVICES.—Each 
air carrier shall provide for the essential needs of pas-
sengers on board an aircraft at an airport in any 
case in which the departure of a flight is delayed or 
disembarkation of passengers on an arriving flight 
that has landed is substantially delayed, including— 
‘‘(A) adequate food and potable water; 
‘‘(B) adequate restroom facilities; 
‘‘(C) cabin ventilation and comfortable 
cabin temperatures; and 
‘‘(D) access to necessary medical treatment. 
‘‘(2) RIGHT TO DEPLANE.— 
‘‘(A) IN GENERAL.—Each air carrier shall 
submit a proposed contingency plan to the Sec-
retary of Transportation that identifies a clear 
time frame under which passengers would be 
permitted to deplane a delayed aircraft. After the 
Secretary has reviewed and approved the pro-
posed plan, the air carrier shall make the plan 
available to the public. 
‘‘(B) DELAYS.—
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‘‘(i) IN
GENERAL.—As part of the 
plan, except as provided under clause (iii), 
an air carrier shall provide passengers with 
the option of deplaning and returning to the 
terminal at which such deplaning could be 
safely completed, or deplaning at the ter-
minal if— 
‘‘(I) 3 hours have elapsed after 
passengers have boarded the aircraft, 
the aircraft doors are closed, and the 
aircraft has not departed; or 
‘‘(II) 3 hours have elapsed after 
the aircraft has landed and the pas-
sengers on the aircraft have been un-
able to deplane. 
‘‘(ii) FREQUENCY.—The option de-
scribed in clause (i) shall be offered to pas-
sengers at a minimum not less often than 
once during each successive 3-hour period 
that the plane remains on the ground. 
‘‘(iii) 
EXCEPTIONS.—This 
subpara-
graph shall not apply if— 
‘‘(I) the pilot of such aircraft rea-
sonably determines that the aircraft 
will depart or be unloaded at the ter-
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minal not later than 30 minutes after 
the 3 hour delay; or 
‘‘(II) the pilot of such aircraft 
reasonably determines that permitting 
a passenger to deplane would jeop-
ardize passenger safety or security. 
‘‘(C) 
APPLICATION
TO
DIVERTED 
FLIGHTS.—This section applies to aircraft with-
out regard to whether they have been diverted to 
an airport other than the original destination. 
‘‘(D) REPORTS.—Not later than 30 days 
after any flight experiences a tarmac delay last-
ing at least 3 hours, the air carrier responsible 
for such flight shall submit a written description 
of the incident and its resolution to the Aviation 
Consumer Protection Office of the Department of 
Transportation. 
‘‘(e) AIRPORT PLANS.—Each airport operator shall 
submit a proposed contingency plan under subsection (b) 
that contains a description of— 
‘‘(1) how the airport operator will provide for 
the deplanement of passengers following a long 
tarmac delay; and 
‘‘(2) how, to the maximum extent practicable, the 
airport operator will provide for the sharing of facili-
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ties and make gates available at the airport for use 
by aircraft experiencing such delays. 
‘‘(f) UPDATES.—The Secretary shall require periodic 
reviews and updates of the plans as necessary. 
‘‘(g) APPROVAL.— 
‘‘(1) IN
GENERAL.—Not later than 6 months 
after the date of the enactment of this section, the Sec-
retary of Transportation shall— 
‘‘(A) review the initial contingency plans 
submitted under subsection (b); and 
‘‘(B) approve plans that closely adhere to 
the standards described in subsections (d) or (e), 
whichever is applicable. 
‘‘(2) UPDATES.—Not later than 60 days after the 
submission of an update under subsection (f) or an 
initial contingency plan by a new air carrier or air-
port, the Secretary shall— 
‘‘(A) review the plan; and 
‘‘(B) approve the plan if it closely adheres 
to the standards described in subsections (d) or 
(e), whichever is applicable. 
‘‘(h) CIVIL PENALTIES.—The Secretary may assess a 
civil penalty under section 46301 against any air carrier 
or airport operator that does not submit, obtain approval
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of, or adhere to a contingency plan submitted under this 
section. 
‘‘(i) PUBLIC ACCESS.—Each air carrier and airport 
operator required to submit a contingency plan under this 
section shall ensure public access to an approved plan under 
this section by— 
‘‘(1) including the plan on the Internet Web site 
of the carrier or airport; or 
‘‘(2) disseminating the plan by other means, as 
determined by the Secretary. 
‘‘§ 41782. Air passenger complaints hotline and infor-
mation 
‘‘(a) AIR PASSENGER COMPLAINTS HOTLINE TELE-
PHONE NUMBER.—The Secretary of Transportation shall 
establish a consumer complaints hotline telephone number 
for the use of air passengers. 
‘‘(b) PUBLIC NOTICE.—The Secretary shall notify the 
public of the telephone number established under subsection 
(a). 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section, which sums shall remain 
available until expended.’’.
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(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 417 is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE 
‘‘41781. Air carrier and airport contingency plans for long on-board tarmac 
delays 
‘‘41782. Air passenger complaints hotline and information’’. 
SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND 
FLIGHT DELAY HISTORY. 
(a) IN GENERAL.—Section 41722 is amended by add-
ing at the end the following: 
‘‘(f) CHRONICALLY DELAYED FLIGHTS.— 
‘‘(1) PUBLICATION OF LIST OF FLIGHTS.—Each 
air carrier holding a certificate issued under section 
41102 that conducts scheduled passenger air transpor-
tation shall, on a monthly basis— 
‘‘(A) publish and update on the Internet 
website of the air carrier a list of chronically de-
layed flights operated by such air carrier; and 
‘‘(B) share such list with each entity that is 
authorized to book passenger air transportation 
for such air carrier for inclusion on the Internet 
website of such entity. 
‘‘(2) DISCLOSURE TO CUSTOMERS WHEN PUR-
CHASING TICKETS.—For each individual who books 
passenger air transportation on the Internet website 
of an air carrier, or the Internet website of an entity
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that is authorized to book passenger air transpor-
tation for an air carrier, for any flight for which 
data is reported to the Department of Transportation 
under part 234 of title 14, Code of Federal Regula-
tions, such air carrier or entity, as the case may be, 
shall prominently disclose to such individual, before 
such individual makes such booking, the following: 
‘‘(A) The on-time performance for the flight 
if the flight is a chronically delayed flight. 
‘‘(B) The cancellation rate for the flight if 
the flight is a chronically canceled flight. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) CHRONICALLY DELAYED FLIGHT.—The 
term ‘chronically delayed flight’ means a regu-
larly scheduled flight that has failed to arrive on 
time (as such term is defined in section 234.2 of 
title 14, Code of Federal Regulations) at least 40 
percent of the time during the most recent 3- 
month period for which data is available. 
‘‘(B) CHRONICALLY
CANCELED
FLIGHT.— 
The term ‘chronically canceled flight’ means a 
regularly scheduled flight at least 30 percent of 
the departures of which have been canceled dur-
ing the most recent 3-month period for which 
data is available.’’.
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(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 180 days after the date of enact-
ment of this Act. 
SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COM-
PLAINT INVESTIGATIONS. 
(a) IN GENERAL.—Subject to the availability of appro-
priations, the Secretary of Transportation shall investigate 
consumer complaints regarding— 
(1) flight cancellations; 
(2) compliance with Federal regulations con-
cerning overbooking seats flights; 
(3) lost, damaged, or delayed baggage, and dif-
ficulties with related airline claims procedures; 
(4) problems in obtaining refunds for unused or 
lost tickets or fare adjustments; 
(5) incorrect or incomplete information about 
fares, discount fare conditions and availability, over-
charges, and fare increases; 
(6) the rights of passengers who hold frequent 
flier miles, or equivalent redeemable awards earned 
through customer-loyalty programs; and 
(7) deceptive or misleading advertising. 
(b) BUDGET NEEDS REPORT.—The Secretary shall 
provide, as an annex to its annual budget request, an esti-
mate of resources which would have been sufficient to inves-
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tigate all such claims the Department of Transportation re-
ceived in the previous fiscal year. The annex shall be trans-
mitted to the Congress when the President submits the budg-
et of the United States to the Congress under section 1105 
of title 31, United States Code. 
SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 
AVIATION CONSUMER PROTECTION. 
(a) IN GENERAL.—The Secretary of Transportation 
shall establish an advisory committee for aviation consumer 
protection to advise the Secretary in carrying out airline 
customer service improvements, including those required by 
subchapter IV of chapter 417 of title 49, United States Code. 
(b) MEMBERSHIP.—The Secretary shall appoint mem-
bers of the advisory committee comprised of one representa-
tive each of— 
(1) air carriers; 
(2) airport operators; 
(3) State or local governments who has expertise 
in consumer protection matters; and 
(4) a nonprofit public interest group who has ex-
pertise in consumer protection matters. 
(c) VACANCIES.—A vacancy in the advisory committee 
shall be filled in the manner in which the original appoint-
ment was made.
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(d) TRAVEL EXPENSES.—Members of the advisory 
committee shall serve without pay but shall receive travel 
expenses, including per diem in lieu of subsistence, in ac-
cordance with subchapter I of chapter 57 of title 5, United 
States Code. 
(e) CHAIRPERSON.—The Secretary shall designate, 
from among the individuals appointed under subsection (b), 
an individual to serve as chairperson of the advisory com-
mittee. 
(f) DUTIES.—The duties of the advisory committee 
shall include— 
(1) evaluating existing aviation consumer protec-
tion programs and providing recommendations for 
the improvement of such programs, if needed; and 
(2) providing recommendations to establish addi-
tional aviation consumer protection programs, if 
needed. 
(g) REPORT.—Not later than February 1 of each of 
the first 2 calendar years beginning after the date of enact-
ment of this Act, the Secretary shall transmit to Congress 
a report containing— 
(1) the recommendations made by the advisory 
committee during the preceding calendar year; and 
(2) an explanation of how the Secretary has im-
plemented each recommendation and, for each rec-
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ommendation not implemented, the Secretary’s reason 
for not implementing the recommendation. 
SEC. 405. DISCLOSURE OF PASSENGER FEES. 
(a) IN GENERAL.—Within 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall 
complete a rulemaking that requires each air carrier oper-
ating in the United States under part 121 of title 49, Code 
of Federal Regulations, to make available to the public and 
to the Secretary a list of all passenger fees and charges 
(other than airfare) that may be imposed by the air carrier, 
including fees for— 
(1) checked baggage or oversized or heavy bag-
gage; 
(2) meals, beverages, or other refreshments; 
(3) seats in exit rows, seats with additional 
space, or other preferred seats in any given class of 
travel; 
(4) purchasing tickets from an airline ticket 
agent or a travel agency; or 
(5) any other good, service, or amenity provided 
by the air carrier, as required by the Secretary. 
(b) PUBLICATION; UPDATES.—In order to ensure that 
the fee information required by subsection (a) is both cur-
rent and widely available to the travelling public, the Sec-
retary—
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(1) may require an air carrier to make such in-
formation on any public website maintained by an 
air carrier, to make such information available to 
travel agencies, and to notify passengers of the avail-
ability of such information when advertising airfares; 
and 
(2) shall require air carriers to update the infor-
mation as necessary, but no less frequently than every 
90 days unless there has been no increase in the 
amount or type of fees shown in the most recent pub-
lication. 
SEC. 406. DISCLOSURE OF AIR CARRIERS OPERATING 
FLIGHTS FOR TICKETS SOLD FOR AIR TRANS-
PORTATION. 
Section 41712 is amended by adding at the end the 
following: 
‘‘(c) DISCLOSURE REQUIREMENT FOR SELLERS OF 
TICKETS FOR FLIGHTS.— 
‘‘(1) IN GENERAL.—It shall be an unfair or de-
ceptive practice under subsection (a) for any ticket 
agent, air carrier, foreign air carrier, or other person 
offering to sell tickets for air transportation on a 
flight of an air carrier to not disclose, whether ver-
bally in oral communication or in writing in written
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or electronic communication, prior to the purchase of 
a ticket— 
‘‘(A) the name (including any business or 
corporate name) of the air carrier providing the 
air transportation; and 
‘‘(B) if the flight has more than one flight 
segment, the name of each air carrier providing 
the air transportation for each such flight seg-
ment. 
‘‘(2) INTERNET OFFERS.—In the case of an offer 
to sell tickets described in paragraph (1) on an Inter-
net Web site, disclosure of the information required by 
paragraph (1) shall be provided on the first display 
of the Web site following a search of a requested 
itinerary in a format that is easily visible to a view-
er.’’. 
SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT 
TO THE SALE OF AIRLINE TICKETS. 
(a) IN GENERAL.—The Office of Aviation Consumer 
Protection and Enforcement of the Department of Trans-
portation shall establish rules to ensure that all consumers 
are able to easily and fairly compare airfares and charges 
paid when purchasing tickets for air transportation, in-
cluding all taxes and fees.
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(b) NOTICE OF TAXES AND FEES APPLICABLE TO 
TICKETS FOR AIR TRANSPORTATION.—Section 41712, as 
amended by this Act, is further amended by adding at the 
end the following: 
‘‘(d) NOTICE OF TAXES AND FEES APPLICABLE TO 
TICKETS FOR AIR TRANSPORTATION.— 
‘‘(1) IN GENERAL.—It shall be an unfair or de-
ceptive practice under subsection (a) for an air car-
rier, foreign air carrier, or ticket agent to sell a ticket 
for air transportation on the Internet unless the air 
carrier, foreign air carrier, or ticket agent, as the case 
may be— 
‘‘(A) displays information with respect to 
the taxes and fees described in paragraph (2), in-
cluding the amount and a description of each 
such tax or fee, in reasonable proximity to the 
price listed for the ticket; and 
‘‘(B) provides to the purchaser of the ticket 
information with respect to the taxes and fees de-
scribed in paragraph (2), including the amount 
and a description of each such tax or fee, before 
requiring the purchaser to provide any personal 
information, including the name, address, phone 
number, e-mail address, or credit card informa-
tion of the purchaser.
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‘‘(2) TAXES AND FEES DESCRIBED.—The taxes 
and fees described in this paragraph are all taxes, 
fees, and charges applicable to a ticket for air trans-
portation, consisting of— 
‘‘(A) all taxes, fees, charges, and surcharges 
included in the price paid by a purchaser for the 
ticket, including fuel surcharges and surcharges 
relating to peak or holiday travel; and 
‘‘(B) any fees for baggage, seating assign-
ments; and 
‘‘(C) operational services that are charged 
when the ticket is purchased.’’. 
(c) REGULATIONS.—The Secretary of Transportation, 
in consultation with the Administrator of the Federal Avia-
tion Administration, shall prescribe such regulations as 
may be necessary to carry out subsection (d) of section 
41712 of title 49, United States Code, as added by sub-
section (b) of this section. 
SEC. 408. DISCLOSURE OF SEAT DIMENSIONS TO FACILI-
TATE THE USE OF CHILD SAFETY SEATS ON 
AIRCRAFT. 
Not later than 180 days after the date of the enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall prescribe regulations requiring each air 
carrier operating under part 121 of title 14, Code of Federal
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Regulations, to post on the website of the air carrier the 
maximum dimensions of a child safety seat that can be used 
on each aircraft operated by the air carrier to enable pas-
sengers to determine which child safety seats can be used 
on those aircraft. 
SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL 
COMMUNITIES 
SEC. 411. EAS CONNECTIVITY PROGRAM. 
Section 406(a) of the Vision 100—Century of Aviation 
Reauthorization Act (49 U.S.C. 40101 note) is amended by 
striking ‘‘may’’ and inserting ‘‘shall’’. 
SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING 
MILEAGE ADJUSTMENT ELIGIBILITY. 
Section 409(d) of the Vision 100—Century of Aviation 
Reauthorization Act (49 U.S.C. 41731 note) is amended by 
striking ‘‘September 30, 2010.’’ and inserting ‘‘September 
30, 2013.’’. 
SEC. 413. EAS CONTRACT GUIDELINES. 
Section 41737(a)(1) is amended— 
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (B); 
(2) by striking ‘‘provided.’’ in subparagraph (C) 
and inserting ‘‘provided;’’; and 
(3) by adding at the end the following:
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‘‘(D) include provisions under which the Sec-
retary may encourage carriers to improve air service 
to small and rural communities by incorporating fi-
nancial incentives in essential air service contracts 
based on specified performance goals; and 
‘‘(E) include provisions under which the Sec-
retary may execute long-term essential air service 
contracts to encourage carriers to provide air service 
to small and rural communities where it would be in 
the public interest to do so.’’. 
SEC. 414. CONVERSION OF FORMER EAS AIRPORTS. 
(a) IN GENERAL.—Section 41745 is amended to read 
as follows: 
‘‘§ 41745. Conversion of lost eligibility airports 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
program to provide general aviation conversion funding for 
airports serving eligible places that the Secretary has deter-
mined no longer qualify for a subsidy. 
‘‘(b) GRANTS.—A grant under this section— 
‘‘(1) may not exceed twice the compensation paid 
to provide essential air service to the airport in the 
fiscal year preceeding the fiscal year in which the 
Secretary determines that the place served by the air-
port is no longer an eligible place; and 
‘‘(2) may be used—
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‘‘(A) for airport development (as defined in 
section 47102(3)) that will enhance general avia-
tion capacity at the airport; 
‘‘(B) to defray operating expenses, if such 
use is approved by the Secretary; or 
‘‘(C) to develop innovative air service op-
tions, such as on-demand or air taxi operations, 
if such use is approved by the Secretary. 
‘‘(c) AIP REQUIREMENTS.—An airport sponsor that 
uses funds provided under this section for an airport devel-
opment project shall comply with the requirements of sub-
chapter I of chapter 471 applicable to airport development 
projects funded under that subchapter with respect to the 
project funded under this section. 
‘‘(d) LIMITATION.—The sponsor of an airport receiving 
funding under this section is not eligible for funding under 
section 41736.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 417 is amended by striking the item relating to sec-
tion 41745 and inserting the following: 
‘‘417454. Conversion of lost eligibility airports.’’. 
SEC. 415. EAS REFORM. 
Section 41742(a) is amended— 
(1) by adding at the end of paragraph (1) ‘‘Any 
amount in excess of $50,000,000 credited for any fis-
cal year to the account established under section
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SEC. 417. EAS MARKETING. 
The Secretary of Transportation shall require all ap-
plications to provide service under subchapter II of chapter 
417 of title 49, United States Code, include a marketing 
plan. 
SEC. 418. RURAL AVIATION IMPROVEMENT. 
(a) COMMUNITIES ABOVE PER PASSENGER SUBSIDY 
CAP.— 
(1) IN GENERAL.—Subchapter II of chapter 417 
is amended by adding at the end the following: 
‘‘§ 41749. Essential air service for eligible places above 
per passenger subsidy cap 
‘‘(a) PROPOSALS.—A State or local government may 
submit a proposal to the Secretary of Transportation for 
compensation for an air carrier to provide air transpor-
tation to a place described in subsection (b). 
‘‘(b) PLACE DESCRIBED.—A place described in this 
subsection is a place— 
‘‘(1) that is otherwise an eligible place; and 
‘‘(2) for which the per passenger subsidy exceeds 
the dollar amount allowable under this subchapter. 
‘‘(c) DECISIONS.—Not later than 90 days after receiv-
ing a proposal under subsection (a) for compensation for 
an air carrier to provide air transportation to a place de-
scribed in subsection (b), the Secretary shall—
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‘‘(1) decide whether to provide compensation for 
the air carrier to provide air transportation to the 
place; and 
‘‘(2) approve the proposal if the State or local 
government or a person is willing and able to pay the 
difference between— 
‘‘(A) the per passenger subsidy; and 
‘‘(B) the dollar amount allowable for such 
subsidy under this subchapter. 
‘‘(d) COMPENSATION PAYMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall pay 
compensation under this section at such time and in 
such manner as the Secretary determines is appro-
priate. 
‘‘(2) DURATION OF PAYMENTS.—The Secretary 
shall continue to pay compensation under this section 
only as long as— 
‘‘(A) the State or local government or per-
son agreeing to pay compensation under sub-
section (c)(2) continues to pay such compensa-
tion; and 
‘‘(B) the Secretary decides the compensation 
is necessary to maintain air transportation to 
the place. 
‘‘(e) REVIEW.—
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‘‘(1) IN GENERAL.—The Secretary shall periodi-
cally review the type and level of air service provided 
under this section. 
‘‘(2) CONSULTATION.—The Secretary may make 
appropriate adjustments in the type and level of air 
service to a place under this section based on the re-
view under paragraph (1) and consultation with the 
affected community and the State or local government 
or person agreeing to pay compensation under sub-
section (c)(2). 
‘‘(f) ENDING, SUSPENDING, 
AND
REDUCING
AIR 
TRANSPORTATION.—An air carrier providing air transpor-
tation to a place under this section may end, suspend, or 
reduce such air transportation if, not later than 30 days 
before ending, suspending, or reducing such air transpor-
tation, the air carrier provides notice of the intent of the 
air carrier to end, suspend, or reduce such air transpor-
tation to— 
‘‘(1) the Secretary; 
‘‘(2) the affected community; and 
‘‘(3) the State or local government or person 
agreeing to pay compensation under subsection 
(c)(2).’’.
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(2) CLERICAL AMENDMENT.—The table of con-
tents for chapter 417 is amended by adding after the 
item relating to section 41748 the following new item: 
‘‘41749. Essential air service for eligible places above per passenger subsidy cap’’. 
(b) PREFERRED ESSENTIAL AIR SERVICE.— 
(1) IN GENERAL.—Subchapter II of chapter 417, 
as amended by subsection (a), is further amended by 
adding after section 41749 the following: 
‘‘§ 41750. Preferred essential air service 
‘‘(a) PROPOSALS.—A State or local government may 
submit a proposal to the Secretary of Transportation for 
compensation for a preferred air carrier described in sub-
section (b) to provide air transportation to an eligible place. 
‘‘(b) PREFERRED AIR CARRIER DESCRIBED.—A pre-
ferred air carrier described in this subsection is an air car-
rier that— 
‘‘(1) submits an application under section 
41733(c) to provide air transportation to an eligible 
place; 
‘‘(2) is not the air carrier that submits the lowest 
cost bid to provide air transportation to the eligible 
place; and 
‘‘(3) is an air carrier that the affected commu-
nity prefers to provide air transportation to the eligi-
ble place instead of the air carrier that submits the 
lowest cost bid.
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‘‘(c) DECISIONS.—Not later than 90 days after receiv-
ing a proposal under subsection (a) for compensation for 
a preferred air carrier described in subsection (b) to provide 
air transportation to an eligible place, the Secretary shall— 
‘‘(1) decide whether to provide compensation for 
the preferred air carrier to provide air transportation 
to the eligible place; and 
‘‘(2) approve the proposal if the State or local 
government or a person is willing and able to pay the 
difference between— 
‘‘(A) the rate of compensation the Secretary 
would provide to the air carrier that submits the 
lowest cost bid to provide air transportation to 
the eligible place; and 
‘‘(B) the rate of compensation the preferred 
air carrier estimates to be necessary to provide 
air transportation to the eligible place. 
‘‘(d) COMPENSATION PAYMENTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall pay 
compensation under this section at such time and in 
such manner as the Secretary determines is appro-
priate. 
‘‘(2) DURATION OF PAYMENTS.—The Secretary 
shall continue to pay compensation under this section 
only as long as—
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‘‘(A) the State or local government or per-
son agreeing to pay compensation under sub-
section (c)(2) continues to pay such compensa-
tion; and 
‘‘(B) the Secretary decides the compensation 
is necessary to maintain air transportation to 
the eligible place. 
‘‘(e) REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall periodi-
cally review the type and level of air service provided 
under this section. 
‘‘(2) CONSULTATION.—The Secretary may make 
appropriate adjustments in the type and level of air 
service to an eligible place under this section based on 
the review under paragraph (1) and consultation 
with the affected community and the State or local 
government or person agreeing to pay compensation 
under subsection (c)(2). 
‘‘(f) ENDING, SUSPENDING, 
AND
REDUCING
AIR 
TRANSPORTATION.—A preferred air carrier providing air 
transportation to an eligible place under this section may 
end, suspend, or reduce such air transportation if, not later 
than 30 days before ending, suspending, or reducing such 
air transportation, the preferred air carrier provides notice
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of the intent of the preferred air carrier to end, suspend, 
or reduce such air transportation to— 
‘‘(1) the Secretary; 
‘‘(2) the affected community; and 
‘‘(3) the State or local government or person 
agreeing to pay compensation under subsection 
(c)(2).’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for chapter 417, as amended by subsection (a), 
is further amended by adding after the item relating 
to section 41749 the following new item: 
‘‘41750. Preferred essential air service’’. 
(c) RESTORATION OF ELIGIBILITY TO A PLACE DETER-
MINED BY THE SECRETARY TO BE INELIGIBLE FOR SUB-
SIDIZED ESSENTIAL AIR SERVICE.—Section 41733 is 
amended by adding at the end the following: 
‘‘(f) RESTORATION OF ELIGIBILITY FOR SUBSIDIZED 
ESSENTIAL AIR SERVICE.— 
‘‘(1) IN GENERAL.—If the Secretary of Transpor-
tation terminates the eligibility of an otherwise eligi-
ble place to receive basic essential air service by an 
air carrier for compensation under subsection (c), a 
State or local government may submit to the Sec-
retary a proposal for restoring such eligibility. 
‘‘(2) DETERMINATION BY SECRETARY.—If the per 
passenger subsidy required by the proposal submitted
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by a State or local government under paragraph (1) 
does not exceed the per passenger subsidy cap pro-
vided under this subchapter, the Secretary shall issue 
an order restoring the eligibility of the otherwise eligi-
ble place to receive basic essential air service by an 
air carrier for compensation under subsection (c).’’. 
(d) OFFICE OF RURAL AVIATION.— 
(1) ESTABLISHMENT.—There is established with-
in the Office of the Secretary of Transportation the 
Office of Rural Aviation. 
(e) FUNCTIONS.—The functions of the Office are— 
(1) to develop a uniform 4-year contract for air 
carriers providing essential air service to commu-
nities under subchapter II of chapter 417 of title 49, 
United States Code; 
(2) to develop a mechanism for comparing appli-
cations submitted by air carriers under section 
41733(c) to provide essential air service to commu-
nities, including comparing— 
(A) estimates from air carriers on— 
(i) the cost of providing essential air 
service; and 
(ii) the revenues air carriers expect to 
receive when providing essential air service; 
and
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(B) estimated schedules for air transpor-
tation; and 
(3) to select an air carrier from among air car-
riers applying to provide essential air service, based 
on the criteria described in paragraph (2). 
(f) EXTENSION
OF AUTHORITY TO MAKE AGREE-
MENTS UNDER THE ESSENTIAL AIR SERVICE PROGRAM.— 
Section 41743(e)(2) is amended by striking ‘‘2009’’ and in-
serting ‘‘2011’’. 
(g) ADJUSTMENTS TO COMPENSATION FOR SIGNIFI-
CANTLY INCREASED COSTS.—Section 41737 is amended by 
adding at the end thereof the following: 
‘‘(f) FUEL COST SUBSIDY DISREGARD.—Any amount 
provided as an adjustment in compensation pursuant to 
subsection (a)(1)(D) shall be disregarded for the purpose of 
determining whether the amount of compensation provided 
under this subchapter with respect to an eligible place ex-
ceeds the per passenger subsidy exceeds the dollar amount 
allowable under this subchapter.’’. 
SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PAR-
TICIPATION PROGRAM. 
(a) IN GENERAL.—Subchapter II of chapter 417 of 
title 49, United States Code, is amended by striking section 
41747, and such title 49 shall be applied as if such section 
41747 had not been enacted.
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(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 417 of title 49, United States Code, is amended by 
striking the item relating to section 41747. 
SEC. 420. LIMITATION ON ESSENTIAL AIR SERVICE TO LO-
CATIONS THAT ARE 90 OR MORE MILES AWAY 
FROM THE NEAREST MEDIUM OR LARGE HUB 
AIRPORT. 
(a) IN GENERAL.—Section 41731(a)(1) is amended— 
(1) in subparagraph (A), by redesignating 
clauses (i) through (iii) as subclauses (I) through 
(III), respectively; 
(2) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively; 
(3) in clause (i)(I), as redesignated, by inserting 
‘‘(A)’’ before ‘‘(i)(I)’’; 
(4) in subparagraph (A)(ii), as redesignated, by 
striking the period at the end and inserting ‘‘; and’’; 
and 
(5) by adding at the end the following: 
‘‘(B) is located not less than 90 miles from 
the nearest medium or large hub airport.’’. 
(6) The Secretary may waive the requirements of 
this subsection as a result of geographic characteris-
tics resulting in undue difficulty accessing the nearest 
medium or large hub airport.
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(b) EXCEPTIONS FOR LOCATIONS IN ALASKA.—Section 
41731 is amended by adding at the end the following: 
‘‘(c) EXCEPTION FOR LOCATIONS IN ALASKA.—Sub-
section (a)(1)(B) shall not apply with respect to locations 
in the State of Alaska.’’. 
SEC. 421. LIMITATION ON ESSENTIAL AIR SERVICE TO LO-
CATIONS 
THAT 
AVERAGE 
OR 
MORE 
ENPLANEMENTS PER DAY. 
(a) IN GENERAL.—Section 41731(a)(1) is amended— 
(1) in subparagraph (A), by redesignating 
clauses (i) through (iii) as subclauses (I) through 
(III), respectively; 
(2) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively; 
(3) in clause (i)(I), as redesignated, by inserting 
‘‘(A)’’ before ‘‘(i)(I)’’; 
(4) in subparagraph (A)(ii), as redesignated, by 
striking the period at the end and inserting ‘‘; and’’; 
and 
(5) by adding at the end the following: 
‘‘(B) had an average of 10 enplanements 
per day or more in the most recent calendar year 
for which enplanement data is available to the 
Administrator.’’.
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(b) EXCEPTIONS FOR LOCATIONS IN ALASKA.—Section 
41731 is amended by adding at the end the following: 
‘‘(c) EXCEPTION FOR LOCATIONS IN ALASKA.—Sub-
section (a)(1)(B) shall not apply with respect to locations 
in the State of Alaska.’’. 
(c) WAIVERS.—Such section is further amended by 
adding at the end the following: 
‘‘(d) WAIVERS.—The Administrator may waive sub-
section (a)(1)(B) with respect to a location if the Adminis-
trator determines that the reason the location averages fewer 
than 10 enplanements per day is not because of inherent 
issues with the location.’’. 
SUBTITLE C—MISCELLANEOUS 
SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 
(a) IN GENERAL.—Section 47129 is amended— 
(1) by striking the section heading and inserting 
the following: 
‘‘§ 47129. Resolution of airport-air carrier and foreign 
air carrier disputes concerning airport 
fees’’ ; 
(2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 
after ‘‘CARRIER’’ in the heading for subsection (d); 
(3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 
after ‘‘CARRIER’’ in the heading for subsection (d)(2);
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(4) by striking ‘‘air carrier’’ each place it ap-
pears and inserting ‘‘air carrier or foreign air car-
rier’’; 
(5) by striking ‘‘air carrier’s’’ each place it ap-
pears and inserting ‘‘air carrier’s or foreign air car-
rier’s’’; 
(6) by striking ‘‘air carriers’’ and inserting ‘‘air 
carriers or foreign air carriers’’; and 
(7) by striking ‘‘(as defined in section 40102 of 
this title)’’ in subsection (a) and inserting ‘‘(as those 
terms are defined in section 40102 of this title)’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 471 is amended by striking the item relating 
to section 47129 and inserting the following: 
‘‘47129. Resolution of airport-air carrier and foreign air carrier disputes con-
cerning airport fees’’. 
SEC. 432. CONTRACT TOWER PROGRAM. 
(a) 
COST-BENEFIT
REQUIREMENT.—Section 
47124(b)(1) is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 
(2) by adding at the end the following: 
‘‘(B) If the Secretary determines that a tower already 
operating under this program has a benefit to cost ratio 
of less than 1.0, the airport sponsor or State or local govern-
ment having jurisdiction over the airport shall not be re-
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quired to pay the portion of the costs that exceeds the benefit 
for a period of 18 months after such determination is made. 
‘‘(C) If the Secretary finds that all or part of an 
amount made available to carry out the program continued 
under this paragraph is not required during a fiscal year, 
the Secretary may use during such fiscal year the amount 
not so required to carry out the program established under 
paragraph (3) of this section.’’. 
(b) COSTS
EXCEEDING
BENEFITS.—Subparagraph 
(D) of section 47124(b)(3) is amended— 
(1) by striking ‘‘benefit.’’ and inserting ‘‘benefit, 
with the maximum allowable local cost share capped 
at 20 percent.’’. 
(c) 
FUNDING.—Subparagraph 
(E) 
of 
section 
47124(b)(3) is amended— 
(1) by striking ‘‘and’’ after ‘‘2006,’’; and 
(2) by striking ‘‘2007’’ and inserting ‘‘2007, 
$9,500,000 for fiscal year 2010, and $10,000,000 for 
fiscal year 2011’’ after ‘‘2007,’’; and 
(3) by inserting after ‘‘paragraph.’’ the fol-
lowing: ‘‘If the Secretary finds that all or part of an 
amount made available under this subparagraph is 
not required during a fiscal year to carry out this 
paragraph, the Secretary may use during such fiscal 
year the amount not so required to carry out the pro-
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gram continued under subsection (b)(1) of this sec-
tion.’’. 
(d) FEDERAL SHARE.—Subparagraph (C) of section 
47124(b)(4) is amended by striking ‘‘$1,500,000.’’ and in-
serting ‘‘$2,000,000.’’. 
(e) SAFETY AUDITS.—Section 41724 is amended by 
adding at the end the following: 
‘‘(c) SAFETY AUDITS.—The Secretary shall establish 
uniform standards and requirements for safety assessments 
of air traffic control towers that receive funding under this 
section in accordance with the Administration’s safety 
management system.’’. 
SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED FORCES. 
(a) FINDINGS.—The Congress finds that— 
(1) the Armed Forces is comprised of approxi-
mately 1,450,000 members who are stationed on ac-
tive duty at more than 6,000 military bases in 146 
different countries; 
(2) the United States is indebted to the members 
of the Armed Forces, many of whom are in grave 
danger due to their engagement in, or exposure to, 
combat; 
(3) military service, especially in the current 
war against terrorism, often requires members of the 
Armed Forces to be separated from their families on
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short notice, for long periods of time, and under very 
stressful conditions; 
(4) the unique demands of military service often 
preclude members of the Armed Forces from pur-
chasing discounted advance airline tickets in order to 
visit their loved ones at home; and 
(5) it is the patriotic duty of the people of the 
United States to support the members of the Armed 
Forces who are defending the Nation’s interests 
around the world at great personal sacrifice. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that each United States air carrier should— 
(1) establish for all members of the Armed Forces 
on active duty reduced air fares that are comparable 
to the lowest airfare for ticketed flights; and 
(2) offer flexible terms that allow members of the 
Armed Forces on active duty to purchase, modify, or 
cancel tickets without time restrictions, fees (includ-
ing baggage fees), ancillary costs, or penalties.
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SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN 
THE LAS VEGAS MCCARRAN INTERNATIONAL 
AIRPORT ENVIRONS OVERLAY DISTRICT FOR 
TRANSIENT LODGING AND ASSOCIATED FA-
CILITIES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and except as provided in subsection (b), Clark 
County, Nevada, is authorized to permit transient lodging, 
including hotels, and associated facilities, including en-
closed auditoriums, concert halls, sports arenas, and places 
of public assembly, on lands in the Las Vegas McCarran 
International Airport Environs Overlay District that fall 
below the forecasted 2017 65 dB day-night annual average 
noise level (DNL), as identified in the Noise Exposure Map 
Notice published by the Federal Aviation Administration 
in the Federal Register on July 24, 2007 (72 Fed. Reg. 
40357), and adopted into the Clark County Development 
Code in June 2008. 
(b) LIMITATION.—No structure may be permitted 
under subsection (a) that would constitute a hazard to air 
navigation, result in an increase to minimum flight alti-
tudes, or otherwise pose a significant adverse impact on air-
port or aircraft operations.
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TITLE V—SAFETY 
SUBTITLE A—AVIATION SAFETY 
SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN. 
Not later than December 31, 2009, the Administrator 
of the Federal Aviation Administration shall issue a plan 
to develop an installation and deployment schedule for sys-
tems the Administration is installing to alert controllers 
and flight crews to potential runway incursions. The plan 
shall be integrated into the annual Federal Aviation Ad-
ministration NextGen Implementation Plan. 
SEC. 502. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER-
TIFICATES. 
(a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 
44703(d) is amended by adding at the end the following: 
‘‘(3) JUDICIAL REVIEW.—A person substantially af-
fected by an order of the Board under this subsection, or 
the Administrator when the Administrator decides that an 
order of the Board will have a significant adverse impact 
on carrying out this part, may obtain judicial review of 
the order under section 46110 of this title. The Adminis-
trator shall be made a party to the judicial review pro-
ceedings. The findings of fact of the Board in any such case 
are conclusive if supported by substantial evidence.’’.
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(b) CONFORMING AMENDMENT.—Section 1153(c) is 
amended by striking ‘‘section 44709 or’’ and inserting ‘‘sec-
tion 44703(d), 44709, or’’. 
SEC. 503. RELEASE OF DATA RELATING TO ABANDONED 
TYPE 
CERTIFICATES 
AND 
SUPPLEMENTAL 
TYPE CERTIFICATES. 
Section 44704(a) is amended by adding at the end the 
following: 
‘‘(5) RELEASE OF DATA.— 
‘‘(A) Notwithstanding any other provision of 
law, the Administrator may designate, without the 
consent of the owner of record, engineering data in 
the agency’s possession related to a type certificate or 
a supplemental type certificate for an aircraft, en-
gine, propeller or appliance as public data, and there-
fore releasable, upon request, to a person seeking to 
maintain the airworthiness of such product, if the Ad-
ministrator determines that— 
‘‘(i) the certificate containing the requested 
data has been inactive for 3 years; 
‘‘(ii) the owner of record, or the owner of 
record’s heir, of the type certificate or supple-
mental certificate has not been located despite a 
search of due diligence by the agency; and
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‘‘(iii) the designation of such data as public 
data will enhance aviation safety. 
‘‘(B) In this section, the term ‘engineering data’ 
means type design drawings and specifications for the 
entire product or change to the product, including the 
original design data, and any associated supplier 
data for individual parts or components approved as 
part of the particular aeronautical product certifi-
cate.’’. 
SEC. 504. DESIGN ORGANIZATION CERTIFICATES. 
Section 44704(e) is amended— 
(1) by striking ‘‘Beginning 7 years after the date 
of enactment of this subsection,’’ in paragraph (1) 
and inserting ‘‘Effective January 1, 2013,’’; 
(2) by striking ‘‘testing’’ in paragraph (2) and 
inserting ‘‘production’’; and 
(3) by striking paragraph (3) and inserting the 
following: 
‘‘(3) ISSUANCE OF CERTIFICATE BASED ON DE-
SIGN ORGANIZATION CERTIFICATION.—The Adminis-
trator may rely on the Design Organization for cer-
tification of compliance under this section.’’.
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SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR 
DATABASE SYSTEMS. 
(a) IN GENERAL.—Chapter 401 is amended by adding 
at the end thereof the following: 
‘‘§ 40130. FAA access to criminal history records or 
databases systems 
‘‘(a) ACCESS
TO RECORDS
OR DATABASES SYS-
TEMS.— 
‘‘(1) Notwithstanding section 534 of title 28 and 
the implementing regulations for such section (28 
C.F.R. part 20), the Administrator of the Federal 
Aviation Administration is authorized to access a 
system of documented criminal justice information 
maintained by the Department of Justice or by a 
State but may do so only for the purpose of carrying 
out its civil and administrative responsibilities to 
protect the safety and security of the National Air-
space System or to support the missions of the De-
partment of Justice, the Department of Homeland Se-
curity, and other law enforcement agencies. The Ad-
ministrator shall be subject to the same conditions or 
procedures established by the Department of Justice 
or State for access to such an information system by 
other governmental agencies with access to the system.
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‘‘(2) The Administrator may not use the access 
authorized under paragraph (1) to conduct criminal 
investigations. 
‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 
shall, by order, designate those employees of the Administra-
tion who shall carry out the authority described in sub-
section (a). Such designated employees may— 
‘‘(1) have access to and receive criminal history, 
driver, vehicle, and other law enforcement informa-
tion contained in the law enforcement databases of the 
Department of Justice, or of any jurisdiction in a 
State in the same manner as a police officer employed 
by a State or local authority of that State who is cer-
tified or commissioned under the laws of that State; 
‘‘(2) use any radio, data link, or warning system 
of the Federal Government and of any jurisdiction in 
a State that provides information about wanted per-
sons, be-on-the-lookout notices, or warrant status or 
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
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State or local authority in that State in the same 
manner as a police officer employed by a State or 
local authority in that State who is commissioned 
under the laws of that State. 
‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE IN-
FORMATION DEFINED.—In this section the term ‘system of 
documented criminal justice information’ means any law 
enforcement databases, systems, or communications con-
taining information concerning identification, criminal 
history, arrests, convictions, arrest warrants, or wanted or 
missing persons, including the National Crime Information 
Center and its incorporated criminal history databases and 
the National Law Enforcement Telecommunications Sys-
tem.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 401 is amended by inserting after the item relat-
ing to section 40129 the following: 
‘‘40130. FAA access to criminal history records or databases systems’’. 
SEC. 506. PILOT FATIGUE. 
(a) FLIGHT AND DUTY TIME REGULATIONS.— 
(1) IN
GENERAL.—In accordance with para-
graph (2), the Administrator of the Federal Aviation 
Administration shall issue regulations, based on the 
best available scientific information—
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(A) to specify limitations on the hours of 
flight and duty time allowed for pilots to address 
problems relating to pilot fatigue; and 
(B) to require part 121 air carriers to de-
velop and implement fatigue risk management 
plans. 
(2) 
DEADLINES.—The 
Administrator 
shall 
issue— 
(A) not later than 180 days after the date 
of enactment of this Act, a notice of proposed 
rulemaking under paragraph (1); and 
(B) not later than one year after the date 
of enactment of this Act, a final rule under 
paragraph (1). 
(b) FATIGUE RISK MANAGEMENT PLAN.— 
(1) SUBMISSION OF FATIGUE RISK MANAGEMENT 
PLAN BY PART 121 AIR CARRIERS.—Not later than 90 
days after the date of enactment of this Act, each part 
121 air carrier shall submit to the Administrator for 
review and approval a fatigue risk management plan. 
(2) CONTENTS OF PLAN.—A fatigue risk manage-
ment plan submitted by a part 121 air carrier under 
paragraph (1) shall include the following: 
(A) Current flight time and duty period 
limitations.
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(B) A rest scheme that enables the manage-
ment of fatigue, including annual training to in-
crease awareness of— 
(i) fatigue; 
(ii) the effects of fatigue on pilots; and 
(iii) fatigue countermeasures. 
(C) Development and use of a methodology 
that continually assesses the effectiveness of the 
program, including the ability of the program— 
(i) to improve alertness; and 
(ii) to mitigate performance errors. 
(3) PLAN
UPDATES.—A part 121 air carrier 
shall update its fatigue risk management plan under 
paragraph (1) every 2 years and submit the update 
to the Administrator for review and approval. 
(4) APPROVAL.— 
(A) INITIAL APPROVAL OR MODIFICATION.— 
Not later than 9 months after the date of enact-
ment of this Act, the Administrator shall review 
and approve or require modification to fatigue 
risk management plans submitted under this 
subsection to ensure that pilots are not operating 
aircraft while fatigued. 
(B) UPDATE
APPROVAL
OR
MODIFICA-
TION.—Not later than 9 months after submission
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of a plan update under paragraph (3), the Ad-
ministrator shall review and approve or require 
modification to such update. 
(5) CIVIL PENALTIES.—A violation of this sub-
section by a part 121 air carrier shall be treated as 
a violation of chapter 447 of title 49, United States 
Code, for purposes of the application of civil penalties 
under chapter 463 of that title. 
(6) LIMITATION
ON
APPLICABILITY.—The re-
quirements of this subsection shall cease to apply to 
a part 121 air carrier on and after the effective date 
of the regulations to be issued under subsection (a). 
(c) EFFECT OF COMMUTING ON FATIGUE.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
shall enter into appropriate arrangements with the 
National Academy of Sciences to conduct a study of 
the effects of commuting on pilot fatigue and report 
its findings to the Administrator. 
(2) STUDY.—In conducting the study, the Na-
tional Academy of Sciences shall consider— 
(A) the prevalence of pilot commuting in 
the commercial air carrier industry, including 
the number and percentage of pilots who com-
mute;
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(B) information relating to commuting by 
pilots, including distances traveled, time zones 
crossed, time spent, and methods used; 
(C) research on the impact of commuting on 
pilot fatigue, sleep, and circadian rhythms; 
(D) commuting policies of commercial air 
carriers (including passenger and all-cargo air 
carriers), including pilot check-in requirements 
and sick leave and fatigue policies; 
(E) post-conference materials from the Fed-
eral Aviation Administration’s June 2008 sym-
posium entitled ‘‘Aviation Fatigue Management 
Symposium: Partnerships for Solutions’’; 
(F) Federal Aviation Administration and 
international policies and guidance regarding 
commuting; and 
(G) any other matters as the Administrator 
considers appropriate. 
(3) PRELIMINARY FINDINGS.—Not later than 90 
days after the date of entering into arrangements 
under paragraph (1), the National Academy of 
Sciences shall submit to the Administrator its pre-
liminary findings under the study. 
(4) REPORT.—Not later than 6 months after the 
date of entering into arrangements under paragraph
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(B) performs the work under the direct su-
pervision and control of the part 121 air carrier 
or the part 145 repair station directly in charge 
of the maintenance services; and 
(C) carries out the work in accordance with 
the part 121 air carrier’s maintenance manual; 
(4) by the holder of a type certificate, production 
certificate, or other production approval issued under 
part 21 of title 14, Code of Federal Regulations, and 
the holder of such certificate or approval— 
(A) originally produced, and continues to 
produce, the article upon which the work is to be 
performed; and 
(B) is acting in conjunction with a part 
121 air carrier or a part 145 repair station. 
(d) DEFINITIONS.—In this section: 
(1) COVERED MAINTENANCE WORK.—The term 
‘‘covered maintenance work’’ means maintenance 
work that is essential maintenance, regularly sched-
uled maintenance, or a required inspection item, as 
determined by the Administrator. 
(2) PART 121 AIR CARRIER.—The term ‘‘part 
121 air carrier’’ has the meaning given that term in 
section 44730(f)(1) of title 49, United States Code.