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court and each United States court of a place 
subject to the jurisdiction of the United States 
shall have jurisdiction of enforcement actions 
brought under this section. Such an action may 
be brought in any judicial district in the State 
in which the violation of this section is alleged 
to have been committed, the judicial district in 
which the Federal Aviation Administration has 
its principal office, or the District of Columbia. 
‘‘(B) ATTORNEY
FEES.—The court may 
assess against the Federal Aviation Administra-
tion reasonable attorney fees and other litiga-
tion costs reasonably incurred in any case 
under this section in which the complainant has 
substantially prevailed.’’. 
(b) APPLICATION.—On and after the date of enact-
ment of this Act, any changes implemented by the Admin-
istrator of the Federal Aviation Administration on and 
after July 10, 2005, under section 40122(a) of title 49, 
United States Code (as in effect on the day before such 
date of enactment), without the agreement of the exclusive 
bargaining representative of the employees of the Adminis-
tration certified under section 7111 of title 5, United 
States Code, shall be null and void and the parties shall 
be governed by their last mutual agreement before the im-
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plementation of such changes. The Administrator and the 
bargaining representative shall resume negotiations 
promptly, and, subject to subsection (c), their last mutual 
agreement shall be in effect until a new contract is adopt-
ed by the Administrator and the bargaining representa-
tive. If an agreement is not reached within 45 days after 
the date on which negotiations resume, the Administrator 
and the bargaining representative shall submit their issues 
in controversy to the Federal Service Impasses Panel in 
accordance with section 7119 of title 5, United States 
Code, for binding arbitration in accordance with para-
graphs (2)(B), (3), and (4) of section 40122(a) of title 
49, United States Code (as amended by subsection (a) of 
this section). 
(c) SAVINGS CLAUSE.—All cost of living adjustments 
and other pay increases, lump sum payments to employ-
ees, and leave and other benefit accruals implemented as 
part of the changes referred to in subsection (b) may not 
be reversed unless such reversal is part of the calculation 
of back pay under subsection (d). The Administrator shall 
waive any overpayment paid to, and not collect any funds 
for such overpayment, from former employees of the Ad-
ministration who received lump sum payments prior to 
their separation from the Administration. 
(d) BACK PAY.— 
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(1) 
IN
GENERAL.—Employees 
subject 
to 
changes referred to in subsection (b) that are deter-
mined to be null and void under subsection (b) shall 
be eligible for pay that the employees would have re-
ceived under the last mutual agreement between the 
Administrator and the exclusive bargaining rep-
resentative of such employees before the date of en-
actment of this Act and any changes were imple-
mented without agreement of the bargaining rep-
resentative. The Administrator shall pay the employ-
ees such pay subject to the availability of amounts 
appropriated to carry out this subsection. If the ap-
propriated funds do not cover all claims of the em-
ployees for such pay, the Administrator and the bar-
gaining representative, pursuant to negotiations con-
ducted in accordance with section 40122(a) of title 
49, United States Code (as amended by subsection 
(a) of this section), shall determine the allocation of 
the appropriated funds among the employees on a 
pro rata basis. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $20,000,000 
to carry out this subsection. 
(e) INTERIM AGREEMENT.—If the Administrator and 
the exclusive bargaining representative of the employees 
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HR 915 RFS 
subject to the changes referred to in subsection (b) reach 
a final and binding agreement with respect to such 
changes before the date of enactment of this Act, such 
agreement shall supersede any changes implemented by 
the Administrator under section 40122(a) of title 49, 
United States Code (as in effect on the day before such 
date of enactment), without the agreement of the bar-
gaining representative, and subsections (b) and (c) shall 
not take effect. 
SEC. 602. MERIT SYSTEM PRINCIPLES AND PROHIBITED 
PERSONNEL PRACTICES. 
Section 40122(g)(2)(A) is amended to read as fol-
lows: 
‘‘(A) sections 2301 and 2302, relating to 
merit system principles and prohibited per-
sonnel practices, including the provisions for in-
vestigation and enforcement as provided in 
chapter 12 of title 5;’’. 
SEC. 603. APPLICABILITY OF BACK PAY REQUIREMENTS. 
(a) APPLICABILITY OF BACK PAY REQUIREMENTS.— 
Section 40122(g)(2) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (G); 
(2) by striking the period at the end of sub-
paragraph (H) and inserting ‘‘; and’’; and 
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(3) by adding at the end the following: 
‘‘(I) section 5596, relating to back pay.’’. 
(b) APPLICABILITY.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall apply to— 
(A) all proceedings pending on, or com-
menced after, the date of enactment of this Act 
in which an employee of the Federal Aviation 
Administration is seeking relief under section 
5596 of title 5, United States Code, that was 
available as of March 31, 1996; and 
(B) subject to paragraph (2), personnel ac-
tions of the Federal Aviation Administration 
under section 5596 of such title occurring be-
fore the date of enactment of this Act. 
(2) SPECIAL RULE.—The authority of the Merit 
Systems Protection Board to provide a remedy 
under section 5596 of such title, with respect to a 
personnel action of the Federal Aviation Administra-
tion occurring before the date of enactment of this 
Act, shall be limited to cases in which— 
(A) the Board, before such date of enact-
ment, found that the Federal Aviation Adminis-
tration committed an unjustified or unwar-
ranted personnel action but ruled that the 
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Board did not have the authority to provide a 
remedy for the personnel action under section 
5596 of such title; and 
(B) a petition for review is filed with the 
clerk of the Board not later than 6 months 
after such date of enactment. 
SEC. 604. FAA TECHNICAL TRAINING AND STAFFING. 
(a) STUDY.— 
(1) IN
GENERAL.—The Comptroller General 
shall conduct a study on the training of the airway 
transportation systems specialists of the Federal 
Aviation Administration (in this section referred to 
as ‘‘FAA systems specialists’’). 
(2) CONTENTS.—The study shall— 
(A) include an analysis of the type of 
training provided to FAA systems specialists; 
(B) include an analysis of the type of 
training that FAA systems specialists need to 
be proficient on the maintenance of latest tech-
nologies; 
(C) include a description of actions that 
the Administration has undertaken to ensure 
that FAA systems specialists receive up-to-date 
training on the latest technologies; 
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(D) identify the amount and cost of FAA 
systems specialists training provided by ven-
dors; 
(E) identify the amount and cost of FAA 
systems specialists training provided by the Ad-
ministration after developing courses for the 
training of such specialists; 
(F) identify the amount and cost of travel 
that is required of FAA systems specialists in 
receiving training; and 
(G) include a recommendation regarding 
the most cost-effective approach to providing 
FAA systems specialists training. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the re-
sults of the study. 
(b) WORKLOAD OF SYSTEMS SPECIALISTS.— 
(1) 
STUDY
BY
NATIONAL
ACADEMY
OF 
SCIENCES.—Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall make appropriate 
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arrangements for the National Academy of Sciences 
to conduct a study of the assumptions and methods 
used by the Federal Aviation Administration to esti-
mate staffing needs for FAA systems specialists to 
ensure proper maintenance and certification of the 
national airspace system. 
(2) CONTENTS.—The study shall be conducted 
so as to provide the following: 
(A) A suggested method of modifying FAA 
systems specialists staffing models for applica-
tion to current local conditions or applying 
some other approach to developing an objective 
staffing standard. 
(B) The approximate cost and length of 
time for developing such models. 
(3) CONSULTATION.—In conducting the study, 
the National Academy of Sciences shall consult with 
the exclusive bargaining representative of employees 
of the Federal Aviation Administration certified 
under section 7111 of title 5, United States Code, 
and the Administrator of the Federal Aviation Ad-
ministration. 
(4) REPORT.—Not later than one year after the 
initiation of the arrangements under subsection (a), 
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the National Academy of Sciences shall submit to 
Congress a report on the results of the study. 
SEC. 605. DESIGNEE PROGRAM. 
(a) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Comptroller General 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the status of recommendations made 
by the Government Accountability Office in its October 
2004 report, ‘‘Aviation Safety: FAA Needs to Strengthen 
Management of Its Designee Programs’’ (GAO–05–40). 
(b) CONTENTS.—The report shall include— 
(1) an assessment of the extent to which the 
Federal Aviation Administration has responded to 
recommendations of the Government Accountability 
Office referred to in subsection (a); 
(2) an identification of improvements, if any, 
that have been made to the designee programs re-
ferred to in the report of the Office as a result of 
such recommendations; 
(3) an identification of further action that is 
needed to implement such recommendations, im-
prove the Administration’s management control of 
the designee programs, and increase assurance that 
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HR 915 RFS 
designees meet the Administration’s performance 
standards; and 
(4) an assessment of the Administration’s orga-
nizational delegation and designee programs and a 
determination as to whether the Administration has 
sufficient monitoring and surveillance programs in 
place to properly oversee these programs. 
SEC. 606. STAFFING MODEL FOR AVIATION SAFETY INSPEC-
TORS. 
(a) IN GENERAL.—Not later than October 31, 2009, 
the Administrator of the Federal Aviation Administration 
shall develop a staffing model for aviation safety inspec-
tors. In developing the model, the Administrator shall fol-
low the recommendations outlined in the 2007 study re-
leased by the National Academy of Sciences entitled 
‘‘Staffing Standards for Aviation Safety Inspectors’’ and 
consult with interested persons, including the exclusive 
collective bargaining representative of the aviation safety 
inspectors. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 607. SAFETY CRITICAL STAFFING. 
(a) SAFETY INSPECTORS.—The Administrator of the 
Federal Aviation Administration shall increase the number 
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HR 915 RFS 
of safety critical positions in the Flight Standards Service 
and Aircraft Certification Service for a fiscal year com-
mensurate with the funding levels provided in subsection 
(b) for the fiscal year. Such increases shall be measured 
relative to the number of persons serving in safety critical 
positions as of September 30, 2008. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts authorized by section 106(k) of title 49, 
United States Code, there is authorized to be appropriated 
to carry out subsection (a)— 
(1) $45,000,000 for fiscal year 2010; 
(2) $138,000,000 for fiscal year 2011; and 
(3) $235,000,000 for fiscal year 2012. 
Such sums shall remain available until expended. 
(c) IMPLEMENTATION OF STAFFING STANDARDS.— 
Notwithstanding any other provision of this section, upon 
completion of the flight standards service staffing model 
under section 605 of this Act, and validation of the model 
by the Administrator, there are authorized to be appro-
priated such sums as may be necessary to support the 
number of aviation safety inspectors, safety technical spe-
cialists, and operation support positions that such model 
determines are required to meet the responsibilities of the 
Flight Standards Service. 
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(d) SAFETY CRITICAL POSITIONS DEFINED.—In this 
section, the term ‘‘safety critical positions’’ means— 
(1) aviation safety inspectors, safety technical 
specialists, and operations support positions in the 
Flight Standards Service (as such terms are used in 
the Administration’s fiscal year 2009 congressional 
budget justification); and 
(2) manufacturing safety inspectors, pilots, en-
gineers, Chief Scientist Technical Advisors, safety 
technical specialists, and operational support posi-
tions in the Aircraft Certification Service (as such 
terms are used in the Administration’s fiscal year 
2009 congressional budget justification). 
SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFFING. 
(a) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 
Not later than 90 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Adminis-
tration shall enter into appropriate arrangements with the 
National Academy of Sciences to conduct a study of the 
assumptions and methods used by the Federal Aviation 
Administration (in this section referred to as the ‘‘FAA’’) 
to estimate staffing needs for FAA air traffic controllers 
to ensure the safe operation of the national airspace sys-
tem. 
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(b) CONSULTATION.—In conducting the study, the 
National Academy of Sciences shall consult with the exclu-
sive bargaining representative of employees of the FAA 
certified under section 7111 of title 5, United States Code, 
the Administrator of the Federal Aviation Administration, 
and representatives of the Civil Aeronautical Medical In-
stitute. 
(c) CONTENTS.—The study shall include an examina-
tion of representative information on human factors, traf-
fic activity, and the technology and equipment used in air 
traffic control. 
(d) RECOMMENDATIONS AND ESTIMATES.—In con-
ducting the study, the National Academy of Sciences shall 
develop— 
(1) recommendations for the development by 
the FAA of objective staffing standards to maintain 
the safety and efficiency of the national airspace sys-
tem with current and future projected air traffic lev-
els; and 
(2) estimates of cost and schedule for the devel-
opment of such standards by the FAA or its con-
tractors. 
(e) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the National Academy of 
Sciences shall submit to the Committee on Transportation 
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HR 915 RFS 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report on the results of the study. 
SEC. 609. ASSESSMENT OF TRAINING PROGRAMS FOR AIR 
TRAFFIC CONTROLLERS. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study to assess the 
adequacy of training programs for air traffic controllers. 
(b) CONTENTS.—The study shall include— 
(1) a review of the current training system for 
air traffic controllers; 
(2) an analysis of the competencies required of 
air traffic controllers for successful performance in 
the current air traffic control environment; 
(3) an analysis of competencies required of air 
traffic controllers as the Federal Aviation Adminis-
tration transitions to the Next Generation Air 
Transportation System; and 
(4) an analysis of various training approaches 
available to satisfy the controller competencies iden-
tified under paragraphs (2) and (3). 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
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Commerce, Science, and Transportation of the Senate a 
report on the results of the study. 
SEC. 610. COLLEGIATE TRAINING INITIATIVE STUDY. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on training op-
tions for graduates of the Collegiate Training Initiative 
program conducted under section 44506(c) of title 49 
United States Code. The study shall analyze the impact 
of providing as an alternative to the current training pro-
vided at the Mike Monroney Aeronautical Center of the 
Administration a new controller orientation session for 
graduates of such programs at the Mike Monroney Aero-
nautical Center followed by on-the-job training for newly 
hired air traffic controllers who are graduates of such pro-
gram and shall include— 
(1) the cost effectiveness of such an alternative 
training approach; and 
(2) the effect that such an alternative training 
approach would have on the overall quality of train-
ing received by graduates of such programs. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and to the Committee on 
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Commerce, Science, and Transportation of the Senate a 
report on the results of the study. 
SEC. 611. FAA TASK FORCE ON AIR TRAFFIC CONTROL FA-
CILITY CONDITIONS. 
(a) ESTABLISHMENT.—The Administrator of the 
Federal Aviation Administration shall establish a special 
task force to be known as the ‘‘FAA Task Force on Air 
Traffic Control Facility Conditions’’ (in this section re-
ferred to as the ‘‘Task Force’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Task Force shall be 
composed of 12 members of whom— 
(A) 8 members shall be appointed by the 
Administrator; and 
(B) 4 members shall be appointed by labor 
unions representing employees who work at 
field facilities of the Administration. 
(2) QUALIFICATIONS.—Of the members ap-
pointed by the Administrator under paragraph 
(1)(A)— 
(A) 4 members shall be specialists on toxic 
mold abatement, ‘‘sick building syndrome,’’ and 
other hazardous building conditions that can 
lead to employee health concerns and shall be 
appointed by the Administrator in consultation 
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with the Director of the National Institute for 
Occupational Safety and Health; and 
(B) 2 members shall be specialists on the 
rehabilitation of aging buildings. 
(3) TERMS.—Members shall be appointed for 
the life of the Task Force. 
(4) VACANCIES.—A vacancy in the Task Force 
shall be filled in the manner in which the original 
appointment was made. 
(5) TRAVEL EXPENSES.—Members shall serve 
without pay but shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accordance 
with subchapter I of chapter 57 of title 5, United 
States Code. 
(c) CHAIRPERSON.—The Administrator shall des-
ignate, from among the individuals appointed under sub-
section (b)(1), an individual to serve as chairperson of the 
Task Force. 
(d) TASK FORCE PERSONNEL MATTERS.— 
(1) STAFF.—The Task Force may appoint and 
fix the pay of such personnel as it considers appro-
priate. 
(2) STAFF OF FEDERAL AGENCIES.—Upon re-
quest of the Chairperson of the Task Force, the 
head of any department or agency of the United 
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States may detail, on a reimbursable basis, any of 
the personnel of that department or agency to the 
Task Force to assist it in carrying out its duties 
under this section. 
(3) OTHER
STAFF
AND
SUPPORT.—Upon re-
quest 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 section. 
(e) OBTAINING OFFICIAL DATA.—The Task Force 
may secure directly from any department or agency of the 
United States information (other than information re-
quired by any statute of the United States to be kept con-
fidential 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 department or agency shall furnish such in-
formation to the Task Force. 
(f) DUTIES.— 
(1) STUDY.—The Task Force shall undertake a 
study of— 
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(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 Admin-
istration relating to respiratory ailments and 
other health conditions resulting from exposure 
to mold, asbestos, poor air quality, radiation 
and facility-related hazards in facilities of the 
Administration; 
(C) conditions of such facilities that could 
interfere with such employees’ ability to effec-
tively and safely perform their duties; 
(D) the ability of managers and super-
visors of such employees to promptly document 
and seek remediation for unsafe facility condi-
tions; 
(E) whether employees of the Administra-
tion who report facility-related illnesses are 
treated fairly; 
(F) utilization of scientifically approved re-
mediation techniques in a timely fashion once 
hazardous conditions are identified in a facility 
of the Administration; and 
(G) resources allocated to facility mainte-
nance and renovation by the Administration. 
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(2) FACILITY CONDITION INDICIES (FCI).—The 
Task Force shall review the facility condition 
indicies of the Administration (in this section re-
ferred to as the ‘‘FCI’’) for inclusion in the rec-
ommendations under subsection (g). 
(g) RECOMMENDATIONS.—Based on the results of 
the study and review of the FCI under subsection (f), the 
Task Force shall make recommendations as it considers 
necessary to— 
(1) prioritize those facilities needing the most 
immediate attention in order of the greatest risk to 
employee health and safety; 
(2) ensure that the Administration is using sci-
entifically approved remediation techniques in all fa-
cilities; and 
(3) assist the Administration in making pro-
grammatic changes so that aging air traffic control 
facilities do not deteriorate to unsafe levels. 
(h) REPORT.—Not later than 6 months after the date 
on which initial appointments of members to the Task 
Force are completed, the Task Force shall submit to the 
Administrator, the Committee on Transportation and In-
frastructure of the House of Representatives, and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report on the activities of the Task Force, 
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including the recommendations of the Task Force under 
subsection (g). 
(i) IMPLEMENTATION.—Within 30 days of the receipt 
of the Task Force report under subsection (h), the Admin-
istrator shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report that includes a plan and timeline 
to implement the recommendations of the Task Force and 
to align future budgets and priorities of the Administra-
tion 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) was submitted. 
(k) APPLICABILITY
OF
THE FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Task Force. 
(l) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation $250,000 to carry out this section. 
TITLE VII—AVIATION 
INSURANCE 
SEC. 701. GENERAL AUTHORITY. 
(a) EXTENSION OF POLICIES.—Section 44302(f)(1) 
is amended— 
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‘‘(ii) DETERMINATION
OF
AMOUNT 
TRANSFERRED.—The amount transferred 
pursuant to clause (i) shall be less— 
‘‘(I) the amount of any claims 
paid out on such policies from Sep-
tember 22, 2001, through December 
31, 2019; 
‘‘(II) the amount of any claims 
pending under such policies as of De-
cember 31, 2019; and 
‘‘(III) the cost, as determined by 
the Secretary, of administering the 
provision of insurance policies under 
this chapter from September 22, 
2001, through December 31, 2019.’’. 
SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD 
PARTY LIABILITY OF AIR CARRIERS ARISING 
OUT OF ACTS OF TERRORISM. 
Section 44303(b) is amended by striking ‘‘December 
31, 2009’’ and inserting ‘‘December 31, 2012’’. 
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY. 
Section 44304 is amended in the second sentence by 
striking ‘‘the carrier’’ and inserting ‘‘any insurance car-
rier’’. 
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SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS. 
Section 44308(c)(1) is amended in the second sen-
tence by striking ‘‘agent’’ and inserting ‘‘agent, or a 
claims adjuster who is independent of the underwriting 
agent,’’. 
SEC. 705. EXTENSION OF PROGRAM AUTHORITY. 
Section 44310 is amended by striking ‘‘December 31, 
2013’’ and inserting ‘‘December 31, 2019’’. 
TITLE VIII—MISCELLANEOUS 
SEC. 801. AIR CARRIER CITIZENSHIP. 
Section 40102(a)(15) is amended by adding at the 
end the following: 
‘‘For purposes of subparagraph (C), an air carrier 
shall not be deemed to be under the actual control 
of citizens of the United States unless citizens of the 
United States control all matters pertaining to the 
business and structure of the air carrier, including 
operational matters such as marketing, branding, 
fleet composition, route selection, pricing, and labor 
relations.’’. 
SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN 
INTEREST OF NATIONAL SECURITY. 
Section 40119(b) is amended by adding at the end 
the following: 
‘‘(3) LIMITATION ON APPLICABILITY OF FREE-
DOM OF INFORMATION ACT.—Section 552a of title 5, 
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United States Code, shall not apply to disclosures 
that the Administrator of the Federal Aviation Ad-
ministration may make from the systems of records 
of the Administration to any Federal law enforce-
ment, intelligence, protective service, immigration, or 
national security official in order to assist the offi-
cial receiving the information in the performance of 
official duties.’’. 
SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS 
AND DATABASE SYSTEMS. 
(a) IN GENERAL.—Chapter 401 is amended by add-
ing at the end the following: 
‘‘§ 40130. FAA access to criminal history records or 
databases systems 
‘‘(a) ACCESS
TO RECORDS
OR DATABASES SYS-
TEMS.— 
‘‘(1) 
ACCESS
TO
INFORMATION.—Notwith-
standing section 534 of title 28, and regulations 
issued to implement such section, the Administrator 
of the Federal Aviation Administration may access a 
system of documented criminal justice information 
maintained by the Department of Justice or by a 
State but may do so only for the purpose of carrying 
out civil and administrative responsibilities of the 
Administration to protect the safety and security of 
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the national airspace system or to support the mis-
sions of the Department of Justice, the Department 
of Homeland Security, and other law enforcement 
agencies. 
‘‘(2) RELEASE OF INFORMATION.—In accessing 
a system referred to in paragraph (1), the Adminis-
trator shall be subject to the same conditions and 
procedures established by the Department of Justice 
or the State for other governmental agencies with 
access to the system. 
‘‘(3) LIMITATION.—The Administrator may not 
use the access authorized under paragraph (1) to 
conduct criminal investigations. 
‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 
shall designate, by order, employees of the Administration 
who shall carry out the authority described in subsection 
(a). The designated employees may— 
‘‘(1) have access to and receive criminal history, 
driver, vehicle, and other law enforcement informa-
tion contained in the law enforcement databases of 
the Department of Justice, or any jurisdiction of a 
State, in the same manner as a police officer em-
ployed by a State or local authority of that State 
who is certified or commissioned under the laws of 
that State; 
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‘‘(2) use any radio, data link, or warning sys-
tem of the Federal Government, and of any jurisdic-
tion in a State, that provides information about 
wanted persons, be-on-the-lookout notices, warrant 
status, or other officer safety information to which 
a police officer employed by a State or local author-
ity in that State who is certified or commission 
under the laws of that State has access and in the 
same manner as such police officer; or 
‘‘(3) receive Federal, State, or local government 
communications with a police officer employed by a 
State or local authority in that State in the same 
manner as a police officer employed by a State or 
local authority in that State who is commissioned 
under the laws of that State. 
‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE 
INFORMATION DEFINED.—In this section, the term ‘sys-
tem of documented criminal justice information’ means 
any law enforcement database, system, or communication 
containing information concerning identification, criminal 
history, arrests, convictions, arrest warrants, wanted or 
missing persons, including the National Crime Informa-
tion Center and its incorporated criminal history data-
bases and the National Law Enforcement Telecommuni-
cations System.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 401 is amended by adding at the end the following: 
‘‘40130. FAA access to criminal history records or databases systems.’’. 
SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES. 
(a) IN GENERAL.—Section 47129 is amended— 
(1) in the section heading by striking ‘‘air 
carrier’’ and inserting ‘‘carrier’’; 
(2) in subsection (a) by striking ‘‘(as defined in 
section 40102 of this title)’’ and inserting ‘‘(as such 
terms are defined in section 40102)’’; 
(3) in the heading for subsection (d) by striking 
‘‘AIR CARRIER’’ and inserting ‘‘AIR CARRIER AND 
FOREIGN AIR CARRIER’’; 
(4) in the heading for paragraph (2) of sub-
section (d) by striking ‘‘AIR CARRIER’’ and inserting 
‘‘AIR CARRIER AND FOREIGN AIR CARRIER’’; 
(5) by striking ‘‘air carriers’’ each place it ap-
pears and inserting ‘‘air carriers or foreign air car-
riers’’; 
(6) by striking ‘‘air carrier’’ each place it ap-
pears and inserting ‘‘air carrier or foreign air car-
rier’’; and 
(7) by striking ‘‘air carrier’s’’ each place it ap-
pears and inserting ‘‘air carrier’s or foreign air car-
rier’s’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 471 is amended by striking the item relating to section 
47129 and inserting the following: 
‘‘47129. Resolution of airport-carrier disputes concerning airport fees.’’. 
SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIR-
PORT SYSTEMS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall initiate a study to evaluate the formulation 
of the National Plan of Integrated Airport Systems (in 
this section referred to as the ‘‘plan’’) under section 47103 
of title 49, United States Code. 
(b) CONTENTS OF STUDY.—The study shall include 
a review of the following: 
(1) The criteria used for including airports in 
the plan and the application of such criteria in the 
most recently published version of the plan. 
(2) The changes in airport capital needs be-
tween fiscal years 2003 and 2008, as reported in the 
plan, as compared with the amounts apportioned or 
otherwise made available to individual airports over 
the same period of time. 
(3) A comparison of the amounts received by 
airports under the airport improvement program in 
airport apportionments, State apportionments, and 
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discretionary grants during such fiscal years with 
capital needs as reported in the plan. 
(4) The effect of transfers of airport apportion-
ments under title 49, United States Code. 
(5) Any other matters pertaining to the plan 
that the Secretary determines appropriate. 
(c) REPORT TO CONGRESS.— 
(1) SUBMISSION.—Not later than 36 months 
after the date of initiation of the study, the Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the re-
sults of the study. 
(2) CONTENTS.—The report shall include— 
(A) the findings of the Secretary on each 
of the subjects listed in subsection (b); 
(B) recommendations for any changes to 
policies and procedures for formulating the 
plan; and 
(C) recommendations for any changes to 
the methods of determining the amounts to be 
apportioned or otherwise made available to indi-
vidual airports. 
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SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION. 
(a) IN GENERAL.—Section 201 of the Railway Labor 
Act (45 U.S.C. 181) is amended— 
(1) by striking ‘‘All’’ and inserting ‘‘(a) IN 
GENERAL.—All’’; 
(2) by inserting ‘‘and every express carrier’’ 
after ‘‘common carrier by air’’; and 
(3) by adding at the end the following: 
‘‘(b) SPECIAL RULES FOR EXPRESS CARRIERS.— 
‘‘(1) IN GENERAL.—An employee of an express 
carrier shall be covered by this Act only if that em-
ployee is in a position that is eligible for certification 
under part 61, 63, or 65 of title 14, Code of Federal 
Regulations, and only if that employee performs du-
ties for the express carrier that are eligible for such 
certification. All other employees of an express car-
rier shall be covered by the provisions of the Na-
tional Labor Relations Act (29 U.S.C. 151 et seq.). 
‘‘(2) AIR CARRIER STATUS.—Any person that is 
an express carrier shall be governed by paragraph 
(1) notwithstanding any finding that the person is 
also a common carrier by air. 
‘‘(3) EXPRESS CARRIER DEFINED.—In this sec-
tion, the term ‘express carrier’ means any person (or 
persons affiliated through common control or owner-
ship) whose primary business is the express ship-
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ment of freight or packages through an integrated 
network of air and surface transportation.’’. 
(b) CONFORMING AMENDMENT.—Section 1 of such 
Act (45 U.S.C. 151) is amended in the first paragraph 
by striking ‘‘, any express company that would have been 
subject to subtitle IV of title 49, United States Code, as 
of December 31, 1995,’’. 
SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FA-
CILITIES. 
(a) ESTABLISHMENT
OF WORKING GROUP.—Not 
later than 9 months after the date of enactment of this 
Act, the Secretary of Transportation shall establish within 
the Federal Aviation Administration (in this section re-
ferred to as the ‘‘FAA’’) a working group to develop cri-
teria and make recommendations for the realignment of 
services and facilities (including regional offices) of the 
FAA to assist in the transition to next generation facilities 
and to help reduce capital, operating, maintenance, and 
administrative costs in instances in which cost reductions 
can be implemented without adversely affecting safety. 
(b) MEMBERSHIP.—The working group shall be com-
posed of— 
(1) the Administrator of the FAA; 
(2) 2 representatives of air carriers; 
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(3) 2 representatives of the general aviation 
community; 
(4) 2 representatives of labor unions rep-
resenting employees who work at regional or field fa-
cilities of the FAA; and 
(5) 2 representatives of the airport community. 
(c) REPORT
TO
CONGRESS
CONTAINING
REC-
OMMENDATIONS OF THE WORKING GROUP.— 
(1) SUBMISSION.—Not later than 6 months 
after convening the working group, the Adminis-
trator shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a report con-
taining the criteria and recommendations developed 
by the working group under this section. 
(2) CONTENTS.—The report shall include a jus-
tification for each recommendation to consolidate or 
realign a service or facility (including a regional of-
fice) and a description of the costs and savings asso-
ciated with the consolidation or realignment. 
(d) PUBLIC NOTICE AND COMMENT.—The Adminis-
trator shall publish the report submitted under subsection 
(c) in the Federal Register and allow 45 days for the sub-
mission of public comments. In addition, the Adminis-
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trator upon request shall hold a public hearing in a com-
munity that would be affected by a recommendation in the 
report. 
(e) OBJECTIONS.—Any interested person may file 
with the Administrator a written objection to a rec-
ommendation of the working group. 
(f) REPORT
TO
CONGRESS
CONTAINING
REC-
OMMENDATIONS
OF
THE ADMINISTRATOR.—Not later 
than 60 days after the last day of the period for public 
comment under subsection (d), the Administrator shall 
submit to the committees referred to in subsection (c)(1) 
a report containing the recommendations of the Adminis-
trator on realignment of services and facilities (including 
regional offices) of the FAA and copies of any public com-
ments and objections received by the Administrator under 
this section. 
(g) LIMITATION ON IMPLEMENTATION OF REALIGN-
MENTS AND CONSOLIDATIONS.—The Administrator may 
not realign or consolidate any services or facilities (includ-
ing regional offices) of the FAA before the Administrator 
has submitted the report under subsection (f). 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) FAA.—The term ‘‘FAA’’ means the Fed-
eral Aviation Administration. 
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(2) REALIGNMENT; CONSOLIDATION.— 
(A) IN
GENERAL.—The terms ‘‘realign-
ment’’ and ‘‘consolidation’’ include any action 
that— 
(i) relocates functions, services, or 
personnel positions; 
(ii) severs existing facility functions or 
services; or 
(iii) any combination thereof. 
(B) EXCLUSION.—The term does not in-
clude a reduction in personnel resulting from 
workload adjustments. 
SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT IN-
SURANCE FOR NATIONAL TRANSPORTATION 
SAFETY BOARD EMPLOYEES. 
Section 1113 is amended by adding at the end the 
following: 
‘‘(i) ACCIDENTAL DEATH AND DISMEMBERMENT IN-
SURANCE.— 
‘‘(1) AUTHORITY
TO
PROVIDE
INSURANCE.— 
The Board may procure accidental death and dis-
memberment insurance for an employee of the 
Board who travels for an accident investigation or 
other activity of the Board outside the United States 
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or inside the United States under hazardous cir-
cumstances, as defined by the Board. 
‘‘(2) CREDITING OF INSURANCE BENEFITS TO 
OFFSET
UNITED
STATES
TORT
LIABILITY.—Any 
amounts paid to a person under insurance coverage 
procured under this subsection shall be credited as 
offsetting any liability of the United States to pay 
damages to that person under section 1346(b) of 
title 28, chapter 171 of title 28, chapter 163 of title 
10, or any other provision of law authorizing recov-
ery based upon tort liability of the United States in 
connection with the injury or death resulting in the 
insurance payment. 
‘‘(3) TREATMENT OF INSURANCE BENEFITS.— 
Any amounts paid under insurance coverage pro-
cured under this subsection shall not— 
‘‘(A) be considered additional pay or allow-
ances for purposes of section 5536 of title 5; or 
‘‘(B) offset any benefits an employee may 
have as a result of government service, includ-
ing compensation under chapter 81 of title 5. 
‘‘(4) ENTITLEMENT TO OTHER INSURANCE.— 
Nothing in this subsection shall be construed as af-
fecting the entitlement of an employee to insurance 
under section 8704(b) of title 5.’’. 
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