[Congressional Record Volume 155, Number 79 (Thursday, May 21, 2009)]
[House]
[Pages H5913-H5981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    FAA REAUTHORIZATION ACT OF 2009

  The SPEAKER pro tempore. Pursuant to House Resolution 464 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 915.

                              {time}  1354


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 915) to amend title 49, United States Code, to authorize 
appropriations for the Federal Aviation Administration for fiscal years 
2009 through 2012, to improve aviation safety and capacity, to provide 
stable funding for the national aviation system, and for other 
purposes, with Mr. Cardoza in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Minnesota (Mr. Oberstar) and the gentleman from 
Florida (Mr. Mica) each will control 30 minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. OBERSTAR. Mr. Chairman, I yield myself as much time as I may 
consume.
  We bring to the House, once again, to the Committee of the Whole, the 
authorization for FAA for the next 4 years. We're getting very good at 
this. We did it 2 years ago. It passed the House overwhelmingly. 
Unfortunately, the other body did not act on it. So we held further 
hearings and reshaped the bill. Essentially we have 95 percent of what 
we had in 2007 in this bill. It was worked out then in cooperation with 
the Republican members of the committee and with the ranking 
Republican, Mr. Mica, and again this year with Mr. Mica, Mr. Petri and 
the Aviation Subcommittee under the extraordinarily gifted leadership 
of Mr.

[[Page H5914]]

Costello, who held numerous hearings to air the various aspects of this 
bill and other aviation issues.
  So that we bring a bill for which there is broad bipartisan support 
except perhaps for four areas in which there are differences and on 
which my good friend, Mr. Mica, will elaborate in his own good time. We 
bring a bill of $70 billion investment in aviation over the next 4 
years; $16.2 billion for the Airport Improvement Program to build 
runways, taxiways, air traffic on the aviation hard side, as I call it, 
of airports; $13.4 billion for facilities and equipment account over 4 
years. That's for the continuing modernization of the air traffic 
control system. Air traffic control is not a snapshot in time. It's a 
continuously evolving technology that keeps pace with the growth of 
aviation and with the need for greater safety at altitude, on approach, 
on departure, on the ground, in the airport runway safety areas. We 
provide substantial funding not only for the present but for the future 
investment and modernization of the air traffic control system going on 
to the next-generation technology that will be satellite-based. Higher 
reliability, greater accuracy, shorten the flight time, shorten fuel 
burned in the air and vastly improve safety.
  On the capacity side, we provide authority for airport authorities, 
at their choice, at their decision, to increase the passenger facility 
charge that was initiated in 1990, at the time when I chaired the 
Aviation Subcommittee and the first Bush administration, with then-
Secretary Sam Skinner advocating for this increase and this authority 
for airports, to increase this charge on the grounds that they are 
accountable directly to the people who use their airports. It is a 
local decision, and we're allowing them to do it. It's not required. 
Airport authorities can impose or not impose a passenger facility 
charge. But it's used for all the authority airports are granted under 
the Airport Improvement Program, to expand capacity, improve the 
terminals, improve movement of passengers on the airport grounds to and 
from their parking area, from the drop-off area onto the aircraft 
itself.

                              {time}  1400

  It has been a very well-used and useful tool.
  As part of the increase or the authority to use passenger facility 
charges in 1990 and with concurrence of the administration, we require 
that every airport that imposes a PFC will lose 50 cents on each dollar 
of their AIP entitlement account, and that goes into a special account 
in the Aviation Trust Fund for the use of small airports that don't 
have the capacity to level a passenger facility charge. That has 
resulted in some $800 million a year available for general aviation 
airports, regional airports, and smaller nonhub airports, and has 
enabled them to participate in the Nation's aviation system.
  There is a provision in this bill that we had in the 2007 bill that 
requires the Federal Aviation Administration to negotiate a new 
contract with its air traffic controllers. And if they do not reach an 
agreement 45 days after enactment, the issue will be sent to binding 
arbitration. The Republican administration objected to that provision. 
The ranking Republican on our committee, Mr. Mica, stoutly defended his 
administration's position, and his own view, that we should not have 
binding arbitration apply to this circumstance. I think it is fair to 
say he would accept that going forward.
  Well, the bill never made its way through the Senate of 2007 or 2008. 
And we are an equal opportunity committee. So what we didn't trust the 
previous administration to do, we don't trust this administration to 
do. And we are keeping that language in this bill to keep the heat on 
them to negotiate this contract, renegotiate in due fairness to the air 
traffic controllers.
  Then there is the matter of the foreign repair stations. There are 
145 foreign repair stations certificated by the U.S. FAA in other 
countries where U.S. aircraft are maintained, supposedly to U.S. 
standards, to the standards of the airline as approved by FAA and to 
standards that we set for certification of aircraft maintenance 
personnel and certification of the facility in which the maintenance 
work is performed.
  Over time, questions have arisen about the adequacy of standards in 
other countries. This legislation takes those concerns and wraps them 
into this language we have in the bill, saying they must meet our 
standards for criminal background checks, for drug and alcohol testing, 
for certification of the facility, and certification of the aircraft 
maintenance specialists. That is in the interests of every American who 
flies on an aircraft in our country or outside of our country that is 
maintained in a non-U.S. maintenance facility. And in the time since we 
passed that bill in 2007, the U.S. and the EU have negotiated an 
aviation agreement that moves toward harmonization of the aviation 
maintenance standards of our two countries.
  That agreement provides, in Article 15, ``nothing in this agreement 
shall be construed to limit the authority of a party to (A) determine 
through its legislative, regulatory and administrative procedures the 
level of protection it considers appropriate for civil aviation safety 
and environmental testing and approvals, and (B) take all appropriate 
and immediate measures necessary to eliminate or minimize any 
derogation of safety.'' That is what we are doing, simply put, in this 
legislation using our legislative authority, require twice-a-year 
onsite inspections of facilities in which U.S. aircraft are maintained 
in facilities overseas.
  If the Europeans want reciprocity under this agreement, they have 
that authority. They can inspect U.S. maintenance facilities which are 
doing work on foreign aircraft, European aircraft, in the United 
States. Basically, that is what it is. It is comity, fairness, equity, 
and safety in the best interests of our citizens.
  There may be other issues. But I will reserve my time. And Mr. 
Costello will address more details of this legislation subsequently.
  Mr. Chairman, I submit for the Record an exchange of letters on this 
particular piece of legislation.

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                      Washington, DC, May 7, 2009.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Gordon: I write to you regarding H.R. 915, 
     the ``FAA Reauthorization Act of 2009''.
       I appreciate your willingness to waive rights to further 
     consideration of H.R. 915, notwithstanding the jurisdictional 
     interest of the Committee on Science and Technology. Of 
     course, this waiver does not prejudice any further 
     jurisdictional claims by your Committee over this or similar 
     legislation. Further, I will support your request to be 
     represented in a House-Senate conference on those provisions 
     over which the Committee on Science and Technology has 
     jurisdiction in H.R. 915.
       This exchange of letters will be placed in the Committee 
     Report on H.R. 915 and inserted in the Congressional Record 
     as part of the consideration of this legislation in the 
     House. Thank you for the cooperative spirit in which you have 
     worked regarding this matter and others between our 
     respective committees.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                James L. Oberstar,
     Chairman
                                  ____

         House of Representatives, Committee on Science and 
           Technology,
                                      Washington, DC, May 7, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Oberstar: I write to you regarding H.R. 915, 
     the FAA Reauthorization Act of 2009. This legislation was 
     initially referred to both the Committee on Transportation 
     and Infrastructure and the Committee on Science and 
     Technology.
       H.R. 915 was marked up by the Committee on Transportation 
     and Infrastructure on March 5, 2009. I recognize and 
     appreciate your desire to bring this legislation before the 
     House in an expeditious manner, and, accordingly, I will 
     waive further consideration of this bill in Committee. 
     However, agreeing to waive consideration of this bill should 
     not be construed as the Committee on Science and Technology 
     waiving its jurisdiction over H.R. 915.
       Further, I request your support for the appointment of 
     Science and Technology Committee conferees during any House-
     Senate conference convened on this legislation. I also ask 
     that a copy of this letter and your response be placed in the 
     legislative report on H.R. 915 and the Congressional Record 
     during consideration of this bill.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                      Bart Gordon,
                                                         Chairman.

[[Page H5915]]

     
                                  ____
         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                     Washington, DC, May 15, 2009.
     Hon. John Conyers, Jr.,
     Chairman, Committee on the Judiciary, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Conyers: I write to you regarding H.R. 915, 
     the ``FAA Reauthorization Act of 2009''.
       I agree that provisions in H.R. 915 are of jurisdictional 
     interest to the Committee on the Judiciary I acknowledge that 
     by forgoing a sequential referral, your Committee is not 
     relinquishing its jurisdiction and I will fully support your 
     request to be represented in a House-Senate conference on 
     those provisions over which the Committee on the Judiciary 
     has jurisdiction in RR 915.
       This exchange of letters will be placed in the Committee 
     Report on H.R. 915 and inserted in the Congressional Record 
     as part of the consideration of this legislation in the 
     House.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                James L. Oberstar,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                     Washington, DC, May 14, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
       Dear Chairman Oberstar: As you know, the Judiciary 
     Committee requested referral of H.R. 915, the FAA 
     Authorization Act of 2009, due in part to the addition in 
     markup of the text of H.R. 831, which directs a study on the 
     use of a provision in current law to confer antitrust 
     immunity on international airline alliances, and sunsets all 
     such antitrust immunity in three years--on which the 
     Judiciary Committee had received a referral as falling within 
     our Rule X jurisdiction.
       We understand that, although the report, for H.R. 915 has 
     not yet been filed, there is a desire to bring this bill to 
     the floor for consideration next week. While we have concerns 
     about how the antitrust provision is written, from the 
     standpoint of sound antitrust policy, and we would prefer to 
     take referral to give appropriate consideration to that 
     provision and other matters within our jurisdiction, we are 
     willing to waive referral in order that the bill may proceed 
     to the House floor.
       The Judiciary Committee takes this action with our mutual 
     understanding that by forgoing further consideration of H.R. 
     915 at this time, we do not waive any jurisdiction over any 
     subject matter contained in this or similar legislation. We 
     appreciate your continued willingness to consult with us on 
     these provisions, and on any refinements or clarifications to 
     them, as the legislation moves forward. Finally, we reserve 
     the right to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this 
     legislation, and request your support if such a request is 
     made.
       I would appreciate your including this letter in the 
     Congressional Record during consideration of the bill on the 
     House floor. Thank you for your attention to this request, 
     and for the cooperative relationship between our two 
     committees.
           Sincerely,
                                                 John Conyers, Jr.
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                         Washington, May 18, 2009.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security, Ford House Office 
         Building, Washington, DC.
       Dear Chairman Thompson: I write to you regarding H.R. 915, 
     the ``FAA Reauthorization Act of 2009''.
       I agree that provisions in H.R. 915 are of jurisdictional 
     interest to the Committee on Homeland Security. I acknowledge 
     that by forgoing a sequential referral, your Committee is not 
     relinquishing its jurisdiction and I will fully support your 
     request to be represented in a House-Senate conference on 
     those provisions over which the Committee on Homeland 
     Security has jurisdiction in H.R. 915.
       This exchange of letters will be inserted in the Committee 
     Report on H.R. 915 and in the Congressional Record as part of 
     the consideration of this legislation in the House.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                James L. Oberstar,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                     Washington, DC, May 19, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         Rayburn Bldg., House of Representatives, Washington, DC.
       Dear Chairman Oberstar: I write to you regarding H.R. 915, 
     the ``FAA Reauthorization Act of 2009.''
       H.R. 915 contains provisions that fall within the 
     jurisdiction of the Committee on Homeland Security. I 
     recognize and appreciate your desire to bring this 
     legislation before the House in an expeditious manner and, 
     accordingly, I will not seek a sequential referral of the 
     bill. However, agreeing to waive consideration of this bill 
     should not be construed as the Committee on Homeland Security 
     waiving, altering, or otherwise affecting its jurisdiction 
     over subject matters contained in the bill which fall within 
     its Rule X jurisdiction.
       Further, I request your support for the appointment of 
     Homeland Security conferees during any House-Senate 
     conference convened on this or similar legislation. I also 
     ask that a copy of this letter and your response be included 
     in the legislative report on H.R. 915 and in the 
     Congressional Record during floor consideration of this bill.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                               Bennie G. Thompson,
                                                         Chairman.

  Mr. Chairman, I reserve the balance of my time.
  Mr. MICA. Mr. Chairman, I yield myself such time as I may consume.
  Thank you again for the opportunity to rise today and speak about a 
very important piece of legislation, and that is reauthorization of our 
Federal Aviation Administration operations.
  Americans take for granted sometimes the ability to have the best, 
the largest, and the most accessible air transportation system in the 
world. But it is our job in Congress to make certain that that system 
is safe and that we also pass laws from time to time authorizing the 
policy, the projects, the funding, and other safety measures that are 
important for that system.
  I want to speak in favor of enacting good reauthorization. At the end 
of the day, I will not vote in support of this particular measure 
because I do have some concerns that I will briefly outline.
  First, let me say that I have enjoyed my working relationship with 
Mr. Oberstar. He chairs the committee, and I try to work with him in a 
bipartisan manner to make certain that our key responsibilities, like 
this important safety air industry legislation, passes Congress, and I 
will continue to do that.
  I do have some concerns about some specifics. The bill does have some 
very good provisions. And Mr. Oberstar, Mr. Costello, and Mr. Petri, 
our ranking member, have all worked hard to do the best they can in 
looking out for our current system, making certain that it is sound, 
making certain that there is funding in place and making certain that 
we have what we call ``NextGen,'' next generational air traffic 
control, in the system for the future, and that bill does take us a 
long way towards those positive efforts.
  Unfortunately, there are a couple of provisions that we haven't 
reached agreement on. And I have been married 37 years. Almost every 
other day my wife and I have a disagreement on something. So it is not 
a big deal to have disagreement. Hopefully we can work some of these 
problems out.
  What concerns me are, first of all, the labor provisions that were 
included in this bill. Now, as we know, we had a difficult situation 
with the air traffic controllers' contract. It expired. It was being 
negotiated. They couldn't reach an agreement some years ago. They sent 
it to Congress. We don't want it in Congress. It caused a great deal of 
conflict and problems. We shouldn't be the arbiters of these labor 
negotiations. And I will say that President Obama has stepped forward. 
He has set in motion a mechanism to resolve this pending impasse. I 
support his efforts.
  By I believe June 5, if we don't reach negotiations, this issue will 
go to binding arbitration. I support binding arbitration. I support 
taking this out of the realm of Congress. But I think it was wrong to 
include that provision here when we are in the middle of negotiations 
that our new President is trying to get going and get this issue behind 
us and resolve. So this sets a horrible precedent for Congress to be 
dictating here, at this point, with this new President, these terms 
which do have a $1 billion-plus price tag and do set a standard of 
unfairness. Not only are there 15,000 air traffic controllers who 
should be treated fairly, but then we have 20,000 other FAA employees 
who should be treated fairly and hundreds of thousands of hard-working 
Federal employees who should be treated fairly, not Congress dictating 
a special level of compensation or some deal for a smaller group. So 
this does have consequences. And I'm disappointed that

[[Page H5916]]

that remains. I'm supportive of taking this away from Congress in the 
future and sending it to compulsory arbitration.
  Unfortunately, there are two job killers in this bill. At a time when 
there isn't a Member of Congress that isn't getting a heartfelt request 
that someone is losing their job, they are losing their home, or they 
are not able to live the American Dream, unfortunately, this bill has 
two job-killer provisions.
  First is a very controversial, and I know that Mr. Oberstar tried to 
explain this in his particular provision that he has put in here, 
requirement that the FAA make biennial inspections of all foreign 
repair stations. It sounds good. The only problem is that we already 
have existing agreements in place that that provision would supersede. 
We are negotiating now a treaty which also, the provisions the way they 
are written, would impose sanctions on us and cost us jobs.
  Now, that is not what John Mica is saying. The U.S. Chamber of 
Commerce says that, as written, the bill jeopardizes 129,000 jobs. And 
we will put that in the Record a little bit later.
  The National Association of Manufacturers, not John Mica, says 
retaliation threat from the EU is real and we must work together to 
maintain our working partnerships and preserve jobs. Again, they say it 
is a job killer.
  Then I have a whole list of companies. They are in everybody's 
district, I could go on and on, Rockwell Collins, Boeing, Gulfstream, 
GE. Here is just one. GE sent a letter to Mr. Oberstar and me regarding 
how much this will cost in each of these stations. Now I don't mind 
spending money for safety. I don't mind imposing regulations or laws 
for safety. But this is a step backward, and it is a step away from 
what we should be doing, rather than saying on every Tuesday in the 
sixth month that we should be in Amsterdam inspecting, or we should be 
in London inspecting, or we should be in Ireland inspecting, or in 
Berlin inspecting, as this bill requires, twice-year annual inspections 
even to countries that we have already got agreements that we would 
have the same high standards and some of the countries have even higher 
standards imposed, their own higher than the U.S.
  So we take our limited resources and we do these mandated inspections 
whether or not we need them. And our whole system in this country we 
changed some years ago for our large aircraft was to get away from 
that. We are risk based, and that is why we are the safest aviation 
industry in the United States. Yes, we have problems with commuters. 
And we should be using some of our resources to enhance the training, 
the requirements, and the inspections of the commuters where we are 
having crashes. We can't let up in any area. But we are diverting 
resources by this and going back to a system that did not work.
  So not only does this I think impair safety, it also is a job killer.
  The second and last thing that I am concerned about is 95 percent of 
this bill, we said in the Rules Committee, is pretty much the same bill 
we had last time. Added to this bill, and again I don't know why, is a 
provision that would sunset airline antitrust immunity. Unfortunately, 
this bill, and it is not what Mica says again, here is the Air 
Transport Association. This bill could cost as many as 15,000 airline 
jobs. Again, this is what is said by those who are in the industry. And 
this is a second job killer provision. This was not in the original 
bill. It has been added here.
  And more troubling is that this provision would also automatically 
invalidate all antitrust immunity grants to airline alliances 3 years 
after the enactment of this bill. It is not necessary. It shouldn't 
have been added in this bill.
  There are several other provisions that are controversial. We can 
work through this, and we need to work through this. This is the 
longest period that I can remember in the history of my service, and 
maybe Congress, that we have not had an FAA reauthorization. Hopefully 
we will also have in the next few days the President's designee for FAA 
Administrator. We haven't had one there. The other side of the Congress 
has not acted the way it should in promptly confirming an FAA 
Administrator. We all know how difficult it is when we have an 
Administrator in an agency to deal with him, and when you have no one 
in place for a long time we see some of the unfortunate results.

                              {time}  1415

  Those are some of my concerns and, again, I pledge to work with Mr. 
Oberstar, Mr. Costello and others, and Mr. Petri, our ranking member. 
We're all committed to work. They all do a great job. We all have the 
interests and safety of the American public at heart.
  I reserve the balance of my time.
  Mr. OBERSTAR. I yield myself 1 minute.
  I thank the gentleman for his comments and, again, it's been a great 
pleasure working through this legislation over the past 2 years, trying 
to bring a bill through the House and to conference and to conclusion, 
and I want to commend Mr. Mica, our ranking member, for participating 
in various discussions that we had and negotiations with the Secretary 
of Transportation, the representative from the Office of Management and 
Budget, the air traffic controllers, and members of our committee, Mr. 
Costello in particular, several such negotiations with the previous 
administration that unfortunately resulted in no agreement. And the 
gentleman really made a serious effort, and I greatly respect and 
appreciate his participation, but I just want to point out, Mr. 
Chairman, to the gentleman that the language we have on the arbitration 
is not unique.
  The CHAIR. The time of the gentleman has expired.
  Mr. OBERSTAR. I yield myself another 1 minute. Several times, over 
many years, this committee and its predecessor committee with authority 
over railroad issues has approved and the House has voted on 
Presidential Emergency Board to settle railroad labor disputes.
  And in 1989, we moved legislation to establish an arbitration process 
to resolve the management labor dispute involving Eastern Airlines. Mr. 
Gingrich was the ranking member on the Aviation Subcommittee, and he 
voted in favor of it. Unfortunately, even though it passed the Senate, 
President Bush, the First, vetoed it. We are simply acting on precedent 
that has been the case in the House to attempt to resolve matters of 
this kind.
  I yield such time as he may consume to the distinguished chair of the 
subcommittee, Mr. Costello.
  Mr. COSTELLO. Mr. Chairman, I thank Chairman Oberstar for recognizing 
me and thank you for all of your leadership and your support. No one 
knows more about aviation or transportation issues in this country than 
Chairman Oberstar, and I think everyone acknowledges that and respects 
not only his valuable input but the work that he does for this 
committee and on behalf of the American people.
  To Mr. Mica and Mr. Petri, as Mr. Mica has indicated, we have worked 
closely together on this legislation. As Chairman Oberstar stated, 
about 95 percent of what is in this bill was contained in the bill when 
the House passed it in September of 2007 by a vote of 267 Members 
passing the legislation. It truly was a bipartisan piece of 
legislation.
  The bill provides increased funding levels, as Chairman Oberstar 
indicated, for the Airport Improvement Program, for the facilities and 
equipment program, and for the FAA operations. The funds will help 
improve our airports, upgrade our facilities, and modernize our air 
traffic control system.
  In addition, we provide a consumer protection provision in this bill 
that forces airports and airlines to come up with an emergency 
contingency plan, and we install a consumer hotline for consumers to 
call the FAA for any complaints that they may have and any violations 
of the emergency contingency plans filed by the airports and airlines. 
For any violations, there are civil penalties.
  It does establish a process to settle a labor dispute between the FAA 
and the controllers, and it takes steps to move us forward in upgrading 
our ground-based radar system to the next generation ATC.
  The United States, I think we have to continue to point out, has the 
safest aviation system in the world; but in order to maintain that 
system and improve it, we need to pass this reauthorization bill. Let 
me make just a few comments regarding a few items that Mr. Mica 
mentioned.

[[Page H5917]]

  Number one, the NATCA issue with the air traffic controllers. There 
is a process that is moving forward now with this administration. We 
hope that negotiations are successful, and we hope that there is a 
voluntary agreement. However, this bill does not contain provisions 
dealing with compensation. Congress is not dictating to either the 
administration or to anyone what wages should be, nor do we address 
that in our bill at all. It has everything to do with the process, and 
nothing to do with salaries and benefits.
  Number two, it deals with in fact two fundamental principles: the 
rights of workers and the right to collectively bargain. So if, in 
fact, you believe in collective bargaining, you will support the 
provisions in this bill, as we did through committee and we did in 
2007.
  Secondly, as far as two issues concerning the foreign repair 
stations, I think Chairman Oberstar addressed that issue, but let me 
just comment that I probably have more workers in my district that work 
in repair stations, domestic repair stations, than any other district 
in the country. If I thought for a moment that this was a job killer, 
the fact that we insist that we have two inspections per year, on 
ground, in person, inspections on foreign repair stations, if I thought 
that would jeopardize the jobs that I have in my district or any place 
in this country, I certainly would not be supporting the provision in 
the bill. It is not a job killer. We have the right in the Congress and 
this legislative body under the agreements that we have with the 
European Union and others to move forward and insist that we have 
inspections of these foreign repair stations so that we can protect the 
American people. It is a safety issue.
  And with that, let me just conclude by saying this is a good bill. We 
are 2 years behind in passing this legislation. We appreciate the 
support and the bipartisan relationship in working together on this 
bill. We look forward to passing this bill today and then working with 
our colleagues in the other body to get an agreement so we can get a 
bill on the President's desk.
  Mr. Chair, today is an important day for the future of our aviation 
system. We are considering H.R. 915, the ``FAA Reauthorization Act of 
2009''. This comprehensive bill would provide approximately $70 billion 
to modernize our air traffic control system, fund airport development, 
research programs, small community service and Federal Aviation 
Administration, FAA, operating expenses. H.R. 915 was produced after 
many hearings, in-depth analysis, and a continued dialogue with the 
FAA, our colleagues, and stakeholders.
  Mr. Chair, this legislation is now almost two years behind schedule. 
In September 2007, the House approved a similar bill with a few 
additions, H.R. 2881, by a vote of 267 to 151. However, the 
reauthorization process has been bogged down because of inaction by the 
other body. Since that time we have been acting under short-term 
funding extensions and continuing resolutions that are delaying key 
Next Generation Air Transportation System, NextGen, and airport capital 
development projects.
  Although there are a few contentious issues that have marked this 
reauthorization process, virtually the entire aviation community--
airlines, airports, general aviation, state aviation officials--have 
communicated to us in a unified voice the need to get a multi-year 
reauthorization bill done as soon as possible.
  The FAA forecasts that the airlines are expected to carry more than 1 
billion passengers in 2021, up from almost 760 million in 2008. To deal 
with this growth, strengthen our economy, and create jobs, the FAA 
Reauthorization Act of 2009 provides historic funding levels for FAA's 
capital programs. This includes $16.2 billion for the Airport 
Improvement Program, nearly $13.4 billion for FAA Facilities & 
Equipment, and $1 billion for Research, Engineering, and Development. 
The bill also provides $39.3 billion for FAA Operations over the next 
four years.
  These funding levels will accelerate the implementation of NextGen, 
enable the FAA to replace and repair existing facilities and equipment, 
improve airport development, and provide for the implementation of 
high-priority safety-related systems.
  H.R. 915 also changes the organizational structure of the FAA's Joint 
Planning and Development Office, JPDO, the body charged with planning 
NextGen. To increase the authority and visibility of the JPDO, H.R. 915 
elevates the Director of the JPDO to the status of Associate 
Administrator for NextGen within the FAA, to be appointed by, and 
reporting directly to, the FAA Administrator. To increase 
accountability and coordination of NextGen planning and implementation, 
H.R. 915 requires the JPDO to develop a work plan that details, on a 
year-by-year basis, specific NextGen-related deliverables and 
milestones required by the FAA and its partner agencies.
  Like the 2007 bill, we increase the passenger facility charge cap 
from $4.50 to $7.00 to help airports that choose to participate in the 
PFC program meet their capital needs. According to the FAA, if every 
airport currently collecting a $4.00 or $4.50 PFC raised its PFC to 
$7.00, it would generate approximately $1.3 billion in additional 
revenue for airport development each year which strengthens our economy 
and creates additional jobs at a time when both are critically needed. 
H.R. 915 provides significant increases in AIP funding for smaller 
airports that rely on AIP for capital financing. The ability to raise 
the PFC and the increase in AIP funding provides financing for airport 
capital development that will help reduce delays.
  The bill also dramatically increases funding for and improves the 
Essential Air Service program and reauthorizes the Small Community Air 
Service Development program through 2012.
  To prevent another ``meltdown'' of the aviation system like what we 
saw during the summer of 2007, when the system was fraught with 
congestion, delays and poor customer service, H.R. 915 mandates that 
air carriers and airports create emergency contingency plans that are 
approved and enforced by the Department of Transportation, DOT. This 
legislation also requires the DOT to publicize and maintain a hotline 
for consumer complaints; expand consumer complaints investigated; 
require air carriers to report diverted and canceled flight information 
monthly; and create an Aviation Consumer Protection Advisory Committee. 
H.R. 915 also requires DOT to conduct schedule reduction meetings if 
aircraft operations exceed hourly capacity and are adversely affecting 
national or regional airspace. Finally, H.R. 915 also provides civil 
penalties for violations.
  Here at home and across the globe, more is being done to reduce 
energy consumption and emissions. The aviation community continues to 
be a leader in greening its operations. We further those efforts by 
establishing the CLEEN Engine and Airframe Technology Partnership and 
the Green Towers Program, which was modeled after what is currently 
being done at O'Hare International Airport.
  The United States has the safest air transportation system in the 
world; however, we must not become complacent about our past success. 
To keep proper oversight on safety at FAA, H.R. 915 directs the FAA to 
increase the number of aviation safety inspectors, initiates studies on 
fatigue, and requires the FAA to inspect part 145 certified foreign 
repair stations at least twice a year. We also provide $46 million over 
four years for runway incursion reduction programs; $325 million over 
four years for runway status lights; and require the FAA to submit a 
strategic runway safety plan to Congress.
  Combined with the tax title from Ways & Means, H.R. 915 does not 
impose new fees on airspace users. This concept has generated 
tremendous controversy and, frankly, has helped to seriously delay the 
reauthorization process. Instead, H.R. 915 would adjust the general 
aviation, GA, jet fuel tax rate from 21.8 cents per gallon to 35.9 
cents per gallon, and the aviation gasoline tax rate from 19.3 cents 
per gallon to 24.1 cents per gallon.
  We believe that Airport and Airway Trust Fund revenues, coupled with 
additional revenue from the recommended GA fuel tax rate increases, and 
a reasonable General Fund contribution, will be sufficient to provide 
for the historic capital funding levels required to modernize the air 
traffic control system.
  There are two provisions in the H.R. 915 that I believe are necessary 
for improving morale at the FAA; providing fair bargaining rights to 
employees of the FAA and at all express carriers; and helping to 
maintain safety in our aviation system.
  The first provision requires that if the FAA and one of its 
bargaining units do not reach agreement during contract negotiations, 
the Federal Mediation and Conciliation Services are used or another 
agreed to alternative dispute resolution process; this process applies 
to the ongoing dispute between the National Air Traffic Controllers 
Association, NATCA, and the FAA. This legislation sends the FAA and 
NATCA back to the bargaining table where the FAA declared an impasse. 
It calls for $20 million in backpay and calls for binding arbitration 
if the FAA and NATCA cannot reach an agreement. These are the same 
provisions that were in H.R. 2881 that passed the House during the 
110th Congress.
  I have spent many hours trying to bring both sides together to work 
out their differences. Chairman Oberstar and I have convened countless 
meetings between the FAA and NATCA in hopes of reaching a voluntary 
agreement. I know Mr. Mica and Mr. Petri have also spent time on this 
issue.

[[Page H5918]]

  Unfortunately, an agreement could not be reached and that left us 
with only one clear course of action--binding arbitration.
  I strongly believe in collective bargaining and bargaining in good 
faith with a fair dispute resolution process for both sides. 
Unfortunately, that did not happen in 2006 and we corrected that wrong 
in the T&I Committee by adopting the Costello amendment with a strong 
bipartisan vote of 53-16. This amendment is included in H.R. 915 and 
will ensure fair treatment of FAA employees.
  I am pleased Transportation Secretary Ray LaHood has appointed former 
Federal Aviation Administrator Jane Garvey to oversee a team of 
mediators to immediately address the contract dispute between the 
Federal Aviation Administration and National Air Traffic Controllers 
Association. President Obama has shown great leadership that will guide 
a positive way forward in which aviation safety professionals will be 
included as valued stakeholders.
  The second provision provides consistency in collective bargaining 
rights throughout the express carrier industry by allowing ground 
handling and trucking workers to organize under the National Labor 
Relations Act, which allows for organization at the local level. Those 
workers who are directly involved with the aircraft operation portion 
of those companies, like pilots and mechanics, would continue to be 
under the jurisdiction of the Railway Labor Act. This is consistent 
with how UPS is structured today and is identical to the provision in 
H.R. 2881.
  With that Mr. Chair, I again want to thank you for working with me on 
this legislation. The bottom line is we need to get the FAA 
reauthorized and we need to do it now.
  I urge my colleagues to support the bill.
  Mr. MICA. Mr. Chairman, I yield myself 1 minute, and then I yield 5 
minutes to our ranking member, Mr. Petri.
  Just for the record, I want to call to the attention of Members--and 
we will try to get this distributed today--this bill, the way it is 
written, voids the 2006 contract with the FAA and air traffic 
controllers, and it reinstates the generous terms and pay raises of the 
1998 contract which had about a 70 percent pay increase. Today, at noon 
the Government Accountability Office released this report on the 
effects of pay and compensation, particularly for air traffic 
controllers and FAA employees, and this substantiates what I've said 
and also substantiates the very generous compensation that was provided 
under the terms of the 1998 contract. This bill interferes, again, with 
pending negotiations that the President has started, and we're hoping 
to resolve this matter.
  I yield 5 minutes to the gentleman from Wisconsin (Mr. Petri), our 
distinguished ranking member.
  Mr. PETRI. I thank my colleague from Florida, the senior member of 
the Transportation and Infrastructure Committee, for yielding me this 
time.
  In September of 2007, we passed a bill very similar to the one that 
we are considering today. Unfortunately, the Senate never acted so we 
find ourselves once again trying to enact a much-needed authorization 
bill. In the meantime, the program continues to operate under a series 
of extensions, the most recent one expiring September 30 this year.
  While the current economic downturn has alleviated some of the delays 
in congestion and complaints of the flying public, we know that once 
the economy recovers the system will again feel overwhelming strain. So 
the urgency for this legislation remains.
  The American Society of Civil Engineers issues an infrastructure 
report every so often, and the most recent 2009 report card gives 
aviation a grade of only a D. This is actually a lower grade than the 
D-plus earned in the 2005 report card. So the condition of our aviation 
infrastructure is getting worse here in the United States, not better.
  The bill before us increases Federal investment in aviation 
infrastructure, with funding for the Airport Improvement Program, which 
provides grants from the Aviation Trust Fund for airport improvements, 
increased to a total of $16.2 billion over 4 years. The Facilities and 
Equipment Program is increased to $13.4 billion.
  It also increases the cap on the level of passenger facility charges 
that an airport can impose for capacity and safety projects. The cap 
was last raised 9 years ago, and the $4.50 maximum charge is now worth 
far less due to high construction costs and inflation.
  One of the most important initiatives under way at the FAA is 
something known as NextGen to modernize the air traffic control system. 
We need to move away from a 50-year-old ground-based system to one that 
is modern, satellite-based, and which will increase the capacity of the 
system, lower costs, and increase safety. The bill before us will move 
that modernization process forward.
  Mr. Chairman, there are a variety of other provisions, too numerous 
to enumerate, in this bill that will improve the aviation system in 
this country and which I strongly support.
  However, as occurred last Congress, I am in the rather odd position 
of voting ``no'' on final passage for my subcommittee's bill. Back in 
the last Congress, the committee leadership worked together on a 
bipartisan basis to craft and introduce a good bill. But since that 
time, and continuing in this new bill, various provisions have been 
added which make it impossible for me at this time to support the bill.
  One provision is regarding air traffic controllers. Part of the 
provision putting changes in future impasse procedures I do not object 
to, but it also reopens the currently imposed contract and includes 
back pay under terms of the 1998 contract, which was estimated to cost 
the taxpayers some $1 billion over the life of the bill.
  The second provision provides that we would move express carriers 
from being covered by the Railway Labor Act of the National Labor 
Relations Act, which is really directed at just one company, and that 
is Federal Express; and, really, I don't think that should be included 
in this legislation. I think we'll hear more about that from other 
Members.
  Other provisions raise concerns, such as the foreign repair station 
language which could have unintended consequences as far as trade 
relations with Europe are concerned, and another that would 
automatically sunset airline alliance antitrust immunity agreements 3 
years after the enactment of this legislation, which again could set in 
train consequences we cannot understand at this time.
  In conclusion, I'd like to thank Chairman Oberstar; my chairman, 
Jerry Costello; Ranking Member Mica, and certainly the staff on the 
committee for their dedicated work on this bill. And in conclusion, 
while I support the general goal and the overwhelming majority of this 
bill, I do not support it at this particular time.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 15 seconds to thank the 
distinguished gentleman from Wisconsin for his comments, for his 
contribution and for his ever-present Norwegian wisdom that he has 
brought to the shaping of this legislation. He's been a splendid 
partner.

                              {time}  1430

  Now I yield 3 minutes to the distinguished chair of the Committee on 
Rules, the gentlewoman from New York (Ms. Slaughter).
  Ms. SLAUGHTER. I want to talk a moment about the safety of our skies 
and the frightening gap in training and oversight surrounding the 
commuter airline business.
  One of the worst plane accidents in recent history occurred earlier 
this year on the night of February 12, just outside of Buffalo, New 
York. We lost 49 lives that snowy and icy night, and my thoughts are 
with the families and the victims.
  Last week the National Transportation Safety Board conducted 
hearings, and we were shocked and saddened by the testimony and the 
revelations. I'm not here to revisit the sad last moments of the crew 
or the 45 passengers who were lost that day. We still have many 
questions that must be answered and a lot of work to be done to ensure 
it never happens again. That is our responsibility and our mission.
  I want to address the shocking conditions that many of these pilots 
are facing each and every day because of the lack of rigor and training 
and certification programs of commercial airline pilots. I hope we can 
shine a light on the appalling job that the FAA has done in recent 
years in regulating that industry. That's why I've joined with my 
friends from New York, Mr. Lee and Mr. Higgins, to introduce an 
amendment mandating a detailed investigation by the General Accounting 
Office into this gap in training.
  We need to look at the number of training hours required for new 
pilots,

[[Page H5919]]

how the carriers update and train the pilots, and what kind of remedial 
action is taken when pilots rate unsatisfactorily, among other things.
  It is my belief that a thorough, top-to-bottom review of this issue 
is absolutely essential if we are to understand the troubled reality of 
today's regional airline industry.
  Most importantly, if we don't get all the facts out and into the 
open, we are unlikely to be able to take meaningful steps toward 
reform. My intention is to work with colleagues on this issue and 
explore legislative remedies that we can take.
  As I look around the Chamber, I'm reminded that many Members of 
Congress also take flights to get home to their districts that are the 
regional airlines. And I take two of them every week. And in the 
gallery I'm sure there are visitors who have flown to Washington from 
their hometowns. Every day people from coast to coast in small cities 
and major hubs catch a plane from work to see a loved one, or simply to 
get away. All deserve the confidence that the pilots in the front of 
the plane are trained and ready for work when that aircraft pushes back 
from the tarmac.
  It's my understanding that the salary of one of the pilots on that 
plane was $16,000 a year. I can only imagine how little the attendants 
were paid. These young pilots earn far less than pilots at major 
carriers and struggle to make ends meet. My guess is it would surprise 
many of the passengers on a typical commuter flight to know the captain 
was paid less than a bus driver.
  Worse still, we learned during the hearing that many of the pilots 
fly when they are sick and when they have not been able to have food. 
Imagine that. A pilot responsible for a plane full of men, women and 
children, who is sick but can't take the day off; hungry and can't stop 
and get lunch.
  We have discovered the training is stunningly inadequate.
  We have also discovered that the training for some of these pilots is 
stunningly inadequate.
  For example, the pilot in the Buffalo crash had apparently failed a 
hands-on proficiency exam not once but three times. He covered that up 
on his job application and the fact was not discovered until after the 
accident, according to the testimony we heard last week.
  And even after that pilot was hired by Colgan, he actually failed two 
additional check rides but still was certified to fly. That's five 
failed tests--five too many if you ask me.
  Passengers on a typical flight would be horrified to learn that the 
pilot flying their plane was a repeat failure on such a basic skill 
test.
  And finally the way that these pilots are assigned routes--which in 
many cases are hundreds if not thousands of miles from their homes--
appears to me to be a recipe for disaster. In the case of the Buffalo 
crash, both pilots had flown from across the country just to arrive at 
their route--one from Florida and one from Seattle. Both had apparently 
slept in a lounge--if they slept at all. Trying to rest in a lounge or 
an airplane is not safe and we should not tolerate pilots being treated 
that way.
  We need to reform this system so airlines and pilots can escape from 
this insane business of criss-crossing the country to work in different 
time zones for meager pay and the hope that one day they'll work for a 
major airline.
  It's my intention to buckle down on this issue so we can put the 
focus less on the glamorous lifestyle of pilots and more on the quality 
of their training and certification and safety.
  I encourage all of my colleagues to support this common-sense 
amendment and get some answers on the regional airline industry.
  Mr. OBERSTAR. May I inquire of the Chair how much time remains on 
both sides.
  The CHAIR. The gentleman from Minnesota has 10\3/4\ minutes and the 
gentleman from Florida has 14.
  Mr. MICA. Mr. Chairman, I yield myself 15 seconds, and then I would 
like to yield 1 minute to the gentleman from Texas (Mr. Brady).
  Just 15 seconds to add in the Record that the repair station 
provision I will cite for different Members, in Mr. Costello's 
district, according to Midcoast Aviation, will cost us and kill 1,339 
jobs.


                                                           GE,

                                    Washington, DC, March 3, 2009.
     Hon. James L. Oberstar,
     Chairman, House Transportation and Infrastructure Committee
     Hon. John Mica,
     Ranking Member, House Transportation and Infrastructure 
         Committee
       Chairman Oberstar and Representative Mica: This is to 
     express great concern over the foreign repair station 
     language contained in Sections 303 and 310 of H.R. 915 the FM 
     Reauthorization Act of 2009. On behalf of GE Aviation, a 
     world-leading producer of commercial and military jet engines 
     and components as well as integrated digital, electric power, 
     and mechanical systems for aircraft, we are very concerned 
     that these provisions will significantly compromise the U.S. 
     competition in position. GE Aviation also has a global 
     service network to support these offerings, including 29 
     repair stations in the United States and 20 in foreign 
     countries. Our U.S. repair stations employ over 3280 high-
     wage, highly skilled employees. If enacted as written, these 
     sections could lead to retaliatory actions by the European 
     Community, raise repair station initial certification and 
     renewal costs twenty-fold, place U.S. repair stations at a 
     competitive disadvantage in a very difficult economy, and put 
     many thousands of American jobs at risk.
       In recent conversations with the FAA, European officials 
     have made it clear that, should these provisions be enacted, 
     the European Aviation Safety Agency (EASA) would reciprocate 
     and require the same twice-annual inspections of its U.S.-
     based certificated facilities. Based on EASA's own estimates, 
     certification costs for repair stations would rise from an 
     average of $960 to $32,100 per station, if they conducted 
     only one annual inspection per facility. Such a drastic 
     increase in certification costs would pose significant 
     hardships on repair facilities throughout the U.S.
       There are approximately 2,000 FAA-certificated repair 
     stations worldwide--over 1200 of them are in the U.S. On the 
     other side of the globe, the aerospace industry has 
     experienced substantial growth in the emerging Asian and 
     Pacific Rim markets. While reciprocal agreements are not yet 
     in place to the same degree as with the EU, this legislation 
     as currently proposed will negatively impact any attempt at 
     amicable agreements there in the future. We believe that the 
     proposed language would do irreparable harm to the hundreds 
     of small businesses that make up the U.S. aviation 
     maintenance industry and the thousands of Americans they 
     employ. In addition to the cost of certification, a greater 
     concern is the fact that EASA does not have sufficient staff 
     to conduct twice annual inspections of its 1,237 certificated 
     U.S.-based repair facilities (as compared to only 425 FAA 
     certificated repair locations in Europe). Stations unable to 
     be reviewed by EASA personnel at such a rate would no longer 
     be able to work on European-registered aircraft and 
     components, thus damaging stations whose customers require 
     both U.S. and EASA certification, and place tens of thousands 
     of U.S. jobs at risk.
       Finally, if enacted as written, Section 310 would prevent a 
     manufacturer from either rebuilding a part under its current 
     authority or repairing a part it manufactured as a 
     subcontractor to a repair station or air carrier. To remedy 
     this unintended consequence, we recommend adding employees of 
     manufacturers to the list of persons authorized to perform 
     work for part 121 air carriers, either directly or as a 
     subcontractor to a repair station.
       Gentlemen, in order to protect the tens of thousands of 
     U.S.-based aviation maintenance professionals, we 
     respectfully request that you amend Sections 303 and 310 to 
     ensure it will be applied in a manner consistent with United 
     States obligations under international agreements. As always, 
     GE stands committed to working with Congress to stimulate the 
     economy while protecting U.S. manufacturing jobs.
           Sincerely,
                                                     Sean O'Keefe,
     Vice President.
                                  ____

                                               Chamber of Commerce


                              of the United States of America,

                                     Washington, DC, May 20, 2009.
       To the Members of the U.S. House of Representatives: The 
     U.S. Chamber of Commerce, the world's largest business 
     federation representing more than three million businesses 
     and organizations of every size, sector, and region, supports 
     the intent of H.R. 915, ``The Federal Aviation Research and 
     Development Reauthorization Act of 2009,'' which would 
     accelerate implementation of the Next Generation Air 
     Transportation System (NextGen) initiative, support vital 
     investments in aviation infrastructure, and provide for day-
     to-day operations, maintenance and research. However, the 
     Chamber has significant concerns with three provisions in 
     H.R. 915 relating to foreign repair stations, antitrust 
     immunity, and roll-back of the contract between the National 
     Air Traffic Controllers Association (NATCA) and the FAA. The 
     Chamber urges Congress to address these concerns as the 
     legislative process continues.
       Improving and modernizing the air traffic control system, 
     which is at the heart of America's aviation woes, must be a 
     national priority. Congress must act to transform the U.S. 
     aviation system to meet the expected 36 percent increase in 
     fliers by 2015 by expediting air traffic control 
     modernization and providing the necessary investment to 
     increase national aviation system capacity. The FAA needs to 
     move forward with the NextGen initiative by deploying 
     available state-of-the-art ground, air, and satellite-

[[Page H5920]]

     based technologies as soon as possible. The Chamber believes 
     that H.R. 915 would support this priority.
       The Chamber supports the robust General Fund contribution 
     to aviation programs contained in H.R. 915. Historically, 
     General Fund revenues have been used to pay for a significant 
     portion of the FAA's costs and reflect the public's interest 
     in a safe and efficient air transportation system. Throughout 
     the FAA reauthorization discussions and development of the 
     bill, the Chamber has consistently stated that a robust 
     General Fund contribution is key. Specifically, this 
     contribution meets several vital national interests 
     including: national defense; emergency preparedness; postal 
     delivery; medical emergencies; and full implementation of a 
     national air transportation system. According to the 
     Congressional Budget Office estimates, the average General 
     Fund contribution to aviation programs from 2009-2012 will be 
     32%. With this General Fund commitment, the FAA will be in a 
     position to work with industry to meet the public interest 
     and manage the impending increase in passengers and the 
     systems developed to provide for them.
       However, the Chamber is concerned with three provisions in 
     this legislation.
       The Chamber opposes Section 303 of the legislation unless 
     amended to address serious international trade concerns. As 
     written, the bill jeopardizes many of the 129,000 jobs at 
     more than 1,200 European Aviation Safety Agency (EASA)-
     certified aviation repair stations in 46 states. Section 303 
     calls for biannual FAA inspections of its certificated repair 
     stations overseas.
       This provision violates the 2008 bilateral aviation safety 
     agreement with the European Union (EU), which calls for 
     reciprocity of both aircraft certification and inspection of 
     repair stations. If this inspection requirement is applied to 
     Europe, the E.U. would be forced to impose reciprocal 
     requirements for European aviation personnel to inspect U.S.-
     based, E.U.-certified aviation repair facilities. This 
     requirement would result in a major increase in the 
     associated fees charged to those U.S. facilities and could 
     threaten thousands of American jobs by making international 
     aircraft repairs in the U.S. more costly and less 
     competitive. Preventing these job losses and protecting 
     American businesses is simple and straightforward: Section 
     303 should be amended to be consistent with U.S. 
     international obligations like the U.S.-E.U. bilateral 
     aviation safety agreement.
       The Chamber also opposes Section 424, which would 
     automatically sunset existing grants of antitrust immunity 
     and prohibit renewal unless the Secretary of Transportation 
     determines whether to adopt new standards for authorizing 
     international airline alliances and granting antitrust 
     immunity. Alliances provide a way for U.S. airlines to serve 
     their customers globally, strengthen air carriers' financial 
     performance and competitive position, and serve passengers 
     through more frequent and convenient services and connecting 
     options. Based on data from the Air Transport Association's 
     member airlines, this bill could cost as many as 15,000 U.S. 
     airline jobs alone, not to mention the indirect effect on 
     employment at other U.S. and international companies.
       Finally, the Chamber strongly opposes Section 601 of the 
     legislation, which would require application of a new dispute 
     resolution process to the ongoing dispute between the NATCA 
     and the FAA. Although the Chamber strongly supports and 
     appreciates the work the air traffic controllers undertake 
     every day to make the America's airways safe, rolling back a 
     lawfully implemented contract and requiring binding 
     arbitration to resolve contract disputes would not serve the 
     best interests of the system, its users, or the taxpayers. 
     Overturning this contract could cause controller hiring to be 
     significantly reduced or even terminated, and technician 
     hiring to be slowed or eliminated. Undoing the current 
     contract would be costly--CBO estimates the cost at $1 
     billion--and would divert more of the FAA's budget away from 
     modernizing the U.S. air traffic control system. Such efforts 
     would ultimately undermine the FAA's ability to modernize the 
     air traffic control system.
       Maintaining, modernizing and expanding the infrastructure 
     and capacity of the U.S. aviation system are, and will 
     continue to be, top priorities for the business community. 
     The Chamber looks forward to working with Congress to improve 
     this legislation as the legislative process continues.
           Sincerely,

                                              R. Bruce Josten,

                                         Executive Vice President,
     Government Affairs.
                                  ____

                                              National Association


                                             of Manufacturers,

                                   Washington, DC, April 20, 2009.
     Hon. Nancy Pelosi,
     The Speaker of the House of Representatives, Washington, DC.
       Dear Madam Speaker: The six month Federal Aviation 
     Administration (FAA) authorization extension recently signed 
     by President Obama provides additional time to resolve 
     outstanding issues as Congress, the Administration and 
     stakeholders work to achieve a consensus to reauthorize the 
     FAA and its critical programs. We believe that a robust FAA 
     reauthorization is critical to rebuilding and supporting a 
     modern transportation infrastructure that meets today's 
     demands for moving people and goods. However, the National 
     Association of Manufacturers (NAM) would like to note two 
     issues of national competitiveness that Congress must 
     appropriately address as H.R. 915, the FAA Reauthorization 
     Act, is further contemplated.
       While we enjoy the safest aviation system in the world and 
     continue to maintain our high levels of safety, the United 
     States must seize the opportunity to transition from an 
     antiquated air traffic system designed in the 1950s to a 
     fully modern, digitally integrated 21st century Next 
     Generation Air Transportation System (NextGen). The NAM fully 
     supports the goals of NextGen contained in H.R. 915 and 
     appreciates the designation of NextGen as a national 
     infrastructure priority. However. the legislation must also 
     call for an accelerated deployment effort that is focused on 
     achieving critical outcomes over the next two to five years. 
     The President's identification and $800 million commitment to 
     NextGen in the FY2010 budget request is a commendable first 
     step hut that funding level will not adequately accelerate 
     NextGen efforts. Providing reasonable incentives for airlines 
     and operators to invest in the necessary technology must he a 
     priority. NextGen is not a typical federal procurement and a 
     program of this magnitude and complexity requires a steady, 
     reliable, and robust funding stream in order to be 
     successful.
       The benefits of NextGen are real and the opportunity to 
     reduce greenhouse gas emissions, reduce travel times, and 
     provide greater system-wide throughput will reap rewards for 
     years to come and help keep the United States on competitive 
     footing as the nation emerges from an unprecedented economic 
     recession. As the Europeans introduce their version of 
     NextGen, other nations with growing air traffic, like China 
     and India, will look to the U.S. and European Union to guide 
     the evolution of their air transportation systems. If the 
     U.S. is not perceived as the leader in deploying this 
     technology, then opportunities for U.S. manufacturers and 
     workers will he lost forever.
       In addition to the acceleration of NextGen, I would like to 
     bring to your attention an issue of great concern to our 
     members who manufacture for the aviation sector and operate 
     aircraft repair stations both here in the United States and 
     overseas. The bilateral air safety agreement between the U.S. 
     and E.U. signed in June 2008 will be compromised if language 
     contained in Section 303 of H.R. 915 is enacted as written. 
     The legislation calls for semi-annual FAA inspections of its 
     certified repair stations overseas. Such FAA inspections in 
     Europe will directly violate this agreement which calls for 
     reciprocity of both aircraft certification and inspections of 
     repair stations.
       If H.R. 915 becomes law, the E.U. has stated that it will 
     retaliate by imposing a requirement for European aviation 
     personnel to inspect U.S.-based E.U.-certified aircraft 
     repair facilities twice a year--entailing a dramatic increase 
     in associated fees charged to those U.S. facilities. Such a 
     development would threaten businesses and thousands of 
     American jobs by making international aircraft repairs in the 
     United States costly and uncompetitive. Preventing job losses 
     and maintaining a manufacturing and a skilled labor workforce 
     in the current economic climate must he paramount. 
     Additionally, if the current agreement breaks down to a point 
     where it is unworkable between the U.S. and E.U., then 
     American access to European markets will be further 
     challenged by the re-introduction of a redundant and 
     inconsistent regulatory structure that will jeopardize 
     exports of American aircraft, engines; and other components. 
     The retaliation threat from the E.U. is real and we must work 
     together to maintain the integrity of our existing a 
     agreements with our key trading partners.
       The United States remains the leader in international 
     aviation in terms of safety and competitiveness, but our 
     rivals in Europe and Asia are not far behind and seek 
     opportunities to get ahead of the iconic American aviation 
     industry. The NAM is concerned that H.R. 915 unwittingly 
     provides the opportunity for our competitors to gain an 
     advantage that will translate to fewer high-skill and high-
     wage jobs in the U.S., less exports, and a further weakened 
     aviation industry that is already challenged by the current 
     economic environment.
           Sincerely,
                                                      John Engler,
                                                President and CEO.

  I yield now to the gentleman from Texas (Mr. Brady).
  Mr. BRADY of Texas. Mr. Chairman, Ranking Member Mica, Chairman 
Oberstar, today I rise reluctantly in opposition to the FAA 
Reauthorization Act of 2009.
  I have several concerns about the bill that I believe undermine the 
international competitiveness of the American airline industry.
  Section 425(e) of this bill would sunset in 3 years the antitrust 
immunity for U.S. air carriers that participate in international 
alliances. This provision could threaten the viability of our U.S. 
airline industry and hurt customers.
  At a time when the economy is struggling and people are traveling 
less, it's not wise to further impair American carriers' ability to 
deliver the best possible service. Unfortunately, that's exactly what 
this provision does, and I

[[Page H5921]]

hope it is removed before the bill is presented to the President.
  Alliances help better serve Americans traveling both at home and 
abroad, and allow airlines to pool resources to better deliver customer 
service. When airlines partner together, consumers have improved 
booking and connecting options, industry competition is increased, and 
lower fares are more accessible.
  The CHAIR. The time of the gentleman has expired.
  Mr. MICA. I yield the gentleman another 30 seconds.
  Mr. BRADY of Texas. If U.S. carriers lose these benefits because of a 
shortsighted sunsetting of immunity, American jobs will be at stake. 
The Air Transport Association estimates that we may lose as many as 
15,000 U.S. airline jobs if this sunsetting occurs. With the economy as 
it is today, we cannot afford losing these good American jobs.
  Mr. OBERSTAR. I yield 1 minute to the distinguished gentleman from 
Illinois (Mr. Costello).
  Mr. COSTELLO. Mr. Mica, let me just say that when you state that 
Midcoast Aviation will lose 1,300-and-something jobs, you're supposing 
a lot of things will happen here. There is no evidence at all that any 
repair station in this country will lose one job. You suppose that 
there will be retaliation. You suppose that it will break an agreement 
that we have with the European Union, and, in fact, it does not, and I 
think Chairman Oberstar made that clear.
  So I think we could stand here tonight or today and say that if this 
airline went bankrupt or if this business went bankrupt, so many jobs 
would be lost, or certain action was taken toward a company, that these 
jobs would be lost. But there's a lot of things that have to happen 
before one job is lost.
  And as I said earlier, and I will repeat again, if I thought for a 
minute that either the repair station in my district, and there is more 
than one, or the repair stations in any district in the country would 
suffer as a result of this, I would not be supporting the provision.
  Mr. MICA. Mr. Chairman, I would like to yield myself 15 seconds.
  So for 15 seconds, I see Ms. Johnson in the Chamber, and her 
district, I have the list of aviation centers in her district that will 
lose a total, or could lose a total of 1,735 job. Again, job-killer 
provisions in this legislation.
  I yield 3 minutes to the gentleman from Illinois (Mr. Schock) a 
member of our committee.
  Mr. SCHOCK. I, too, rise with concerns about section 303. As the 
author of an amendment that would have worked to rectify this job-
killing portion of the bill, I went before the Rules Committee 
yesterday and heard from our distinguished chairman, Mr. Oberstar, our 
ranking member, Mr. Mica, Mr. Costello and Mr. Petri, all who spoke to 
the issues of these FAA inspections.
  I find yet today on the House floor much of the time today is being 
spent talking about this very issue. And I first might say that perhaps 
the other 430 Members of this body too deserve the opportunity to weigh 
in on whether or not this provision is good or bad for America, and 
specifically, good or bad for their district.
  I'm not going to suggest to another Member that it's going to be bad 
for their district. I can only speak for myself, and I will tell you, 
it will be. One company in my district, it may be small, Standard Aero 
in Springfield, Illinois, does $5 million of business, even given the 
economic downturn, working on aircraft from other countries. This 
provision that will require FAA inspections of foreign service 
stations, there's no question what the result will be. The European 
Union, with whom we have an agreement now, will reciprocate, will 
retaliate. It's not a question; they've been very clear. They've said 
it in public. They've gone so far as to write a letter to this 
administration and this body stating that.
  When that happens, they've also been very clear what will happen. 
They don't have the inspectors to come over here to service our 
stations, to inspect our service stations. And as a result, our service 
stations who currently work on foreign aircraft will no longer be able 
to. There are over 1,200 of these stations, one of them in my town of 
Springfield, Illinois. So this question about what will happen is 
bogus. It's been very clear.
  The argument of safety has yet to be justified. The idea that 
additional inspections and duplicative inspections somehow makes us 
safer has been yet to be justified. And since this agreement between 
the European Union and our country, which has made our inspections 
process more efficient, has been in effect for a number of years now, 
there's been little evidence to suggest that we're any less safe.
  And at a time when we have a crisis on our hands with commuter 
aircraft and an inability within the FAA to provide adequate 
inspections and safety for the American citizens who travel on that 
aircraft, I would suggest that is where our money, our attention and 
the FAA's time and talent ought to be focused.
  I, too, agree there's much good in this bill. But I'm, unfortunately, 
going to have to oppose it because of these provisions which will cost 
jobs in my district.
  Mr. OBERSTAR. I yield 2 minutes to the distinguished chair of our 
Water Resources Subcommittee, Ms. Johnson of Texas.
  Ms. EDDIE BERNICE JOHNSON of Texas. I rise to have a colloquy with 
the chairman.
  The Dallas Area Rapid Transit, DART, has been a leader in promoting 
intermodalism throughout the North Texas area region. And the City of 
Dallas plans to construct an intermodal connector that will provide 
passengers with an easy connection with the Dallas Love Field Airport. 
And I respectfully ask the distinguished chairman to work with me to 
ensure that Dallas Love Field Airport receives priority consideration 
for the program outlined in section 114 of this bill.
  I want to thank you, Aviation Subcommittee Chairman Costello and 
Ranking Member Petri for your work on this bill, particularly in the 
area of intermodalism as outlined in Section 114 of the bill.
  Expansion of passenger facility charge (PFC) eligibility to include 
Intermodal Ground Access Projects at Airports is of utmost importance 
to my congressional district.
  This Committee cares deeply about intermodalism and I care deeply 
about intermodalism.
  Mr. OBERSTAR. If the gentlewoman will yield.
  Ms. EDDIE BERNICE JOHNSON of Texas. I will yield.
  Mr. OBERSTAR. The provision in section 114 establishes a pilot 
program envisioning four to five pilot projects to be determined by the 
Secretary of Transportation. I will gradually join with the gentlewoman 
and appeal to the Secretary on behalf of the Dallas project. I think it 
makes good sense. I think it would be a splendid candidate and would be 
happy to support her in advocating for selection of the Dallas Love 
Field project.
  Mr. MICA. Mr. Chairman, I yield myself 15 seconds.
  I see in the Chamber, Mr. Chairman, Congressman Cohen. And while he 
has some provisions in this that will do much damage to his district, 
the repair station job-killer provision will kill, could kill 218, I 
have a list of the companies, high-paying jobs.
  I yield 2 minutes to the gentlelady from Wyoming (Mrs. Lummis).
  Mrs. LUMMIS. Mr. Chairman, I rise today to engage in a colloquy with 
the chairman of the Committee on Transportation and Infrastructure, Mr. 
Oberstar.
  Mr. Chairman, section 311 of the bill directs the FAA to complete its 
analysis and recommendations for updating the aircraft, rescue and 
firefighting standards at our Nation's airports. I agree that the FAA 
should complete an update on firefighting standards, and commend the 
chairman for his dedication to improved safety at our airports. 
However, I am concerned that the prescriptive language in section 311 
would unnecessarily create a significant financial burden on small 
rural airports least capable of absorbing cost increases.
  Will the chairman confirm that it is not the intent of H.R. 915 to 
saddle small airports and rural communities with unnecessary unfunded 
mandates?
  Further, can the chairman assure me that he will work with me and 
other Members from rural districts to ensure that there is adequate 
flexibility in aircraft rescue and firefighting standards to account 
for the unique needs of small rural airports?
  I yield to the chairman.

[[Page H5922]]

                              {time}  1445

  Mr. OBERSTAR. I thank the gentlewoman for raising this issue and for 
yielding.
  I, too, represent a district with a large rural area and many small 
airports. The standards for firefighting on board aircraft have not 
been updated for years, and it is time to do that. It is not our intent 
that this updating should impose exceptional, unusual, or heavy burdens 
on small airports. In fact, the language in section 311(d) states that, 
during the rulemaking proceeding, the FAA shall assess the potential 
impact of any revisions to the firefighting standards on airports and 
on air transportation service.
  We are going to be very clear that they take into account the unique 
circumstances. Many small communities can share firefighting services 
with local firefighting organizations.
  The CHAIR. The time of the gentlewoman has expired.
  Mr. OBERSTAR. I yield the distinguished gentlewoman another 30 
seconds.
  There are airports where that doesn't exist, where that capability 
does not exist. So we will be watching the rulemaking process very 
carefully. I will be glad to work with the gentlewoman to ensure that 
in the process small airports are heard and that in the end their 
concerns are reflected.
  Mrs. LUMMIS. I thank the chairman for his willingness to work 
together. I would also like to thank the gentleman from Nebraska, Mr. 
Adrian Smith, for his valuable assurance on this important issue.
  Mr. OBERSTAR. I now yield 1\1/2\ minutes to the distinguished 
gentleman from Georgia (Mr. Johnson), the chair of a subcommittee of 
the Judiciary Committee.
  Mr. JOHNSON of Georgia. Mr. Chairman, I rise today in support of the 
FAA Authorization Act of 2009, which deals with international airline 
alliances, which under current law, are eligible for antitrust 
immunity.
  I want to focus on section 425 in my limited time. It directs a study 
on the procedure by which these airline alliances are approved and 
given antitrust immunity. It would also sunset all such antitrust 
immunity in 3 years. After that time, the airlines would have to 
reapply under whatever new standards the Secretary of Transportation 
adopts as a result of the study.
  Mr. Chairman, sound antitrust policy is a critical part of ensuring 
that customers receive the full benefits of a competitive marketplace. 
As chairman of the Judiciary Committee's Courts and Competition Policy 
Subcommittee, I'm committed to ensuring that international air 
transportation policy is properly reconciled with sound antitrust 
policy.
  I appreciate the Transportation Committee's commitment to this, and I 
also appreciate the Judiciary Committee for allowing us to share in 
this. I thank you very much.
  Mr. MICA. I would like to yield myself 30 seconds to respond. Then I 
would like to yield 2 minutes to the gentleman from Ohio (Mr. 
LaTourette).
  Mr. Chairman, I had my staff compile the number of jobs that would be 
killed in the Transportation and Infrastructure Committee members' 
districts. The previous speaker from Georgia represents probably one of 
the busiest airports and activities in the United States, and he has 
expressed concerns. I don't know how many jobs will be killed in his 
district. In Ms. Richardson's district in California, which is 
suffering from a downturn in the economy, they could lose 1,015 jobs.
  I will yield now 2 minutes to the gentleman from Ohio (Mr. 
LaTourette).
  Mr. LaTOURETTE. I want to thank Mr. Mica for yielding to me.
  I want to commend the chairman of the full committee, Mr. Oberstar; 
the chairman of the subcommittee, Mr. Costello; the ranking member of 
the full committee, Mr. Mica; and the subcommittee ranking member, Mr. 
Petri, for bringing us, again, this well-crafted bill. It looks a lot 
like the bill that was successfully passed by a big margin here in the 
House during the last Congress. Sadly, the Senate couldn't see its way 
clear to pass it.
  I want to speak specifically on one issue. My time on the 
Transportation and Infrastructure Committee has come to an end, sadly, 
but I'd like to consider myself an ex officio member as we talk about 
this one issue. That is the issue of the air traffic controllers. I'm a 
Republican, and I'm proud to be a Republican but I have to tell you 
that one of my great disappointments during the last administration is 
that I do believe President Bush was ill-served by his advisers who 
told him to declare an impasse in the negotiations between the 
administration and the air traffic controllers and to basically impose 
a contract on them.
  I think everybody on this floor now engaged in the debate has been 
inside an air traffic control center and has seen these dedicated men 
and women who are peering in the dark at screens, controlling 10, 12, 
15 jetliners filled with 138 or 150 Americans and travelers to our 
country, making sure that they get there safely.
  Now, it's not my belief that everybody who works in this country is 
entitled to have a contract that they're happy with. It is my belief, 
however, that everybody who works under a contract, a labor-negotiated 
contract, has the right to be happy about the process in which it was 
reached. This contract imposed by the last administration was not fair. 
I give credit to the Obama administration for appointing Jane Garvey to 
move that process forward.
  These people do an important job. Some people say they make too much 
money, but I'll tell you what, that's what you work out in 
negotiations. So they're entitled to have a contract where their 
representatives sit down and, eyeball to eyeball, talk to folks in the 
administration and get this done.
  Mr. OBERSTAR. I yield 1\1/2\ minutes to the distinguished gentleman 
from Utah (Mr. Matheson).
  Mr. MATHESON. Mr. Chairman, I rise today to engage in a colloquy with 
the chairman, Mr. Oberstar. First, I want to thank you for recognizing 
the importance of the St. George Airport to my constituents in Utah.
  As you know, on October 17, 2008, the City of St. George, Utah and 
the Federal Aviation Administration broke ground on the construction of 
a new replacement airport that will provide air service to the over 
300,000 residents of southern Utah. This is one of the few new airports 
being built in the country. The total project will cost $168 million, 
and airport operations are scheduled to begin on January 1, 2011.
  The project is being funded largely through Federal grants, covered 
by a letter of intent from the FAA, in the amount of $119 million. 
Unfortunately, St. George still needs funding for navigation aids, 
including an instrument landing system. These are critical of the 
safety of operations at the airport.
  I appreciate the committee's recognition of Secretary LaHood's 
commitment to fully fund the navigation aids component of the airport. 
I remain committed, as I hope the committee will, to ensuring that the 
FAA funds these important safety enhancements by 2010.
  With that, I would yield to the chairman.
  Mr. OBERSTAR. I want to compliment the gentleman for his vigorous and 
persistent advocacy for the St. George Airport. I'm delighted that 
Secretary LaHood has committed to fund the navigation aids for the St. 
George Airport. We encourage him to stay on track, and we'll continue 
to work with the gentleman in pursuit of that objective. 
Congratulations on your advocacy.
  Mr. MATHESON. Well, I thank the chairman always for his support.
  Mr. MICA. Mr. Chairman, I yield myself 30 seconds.
  Again, the figures that I'm using about the job-killing provisions, 
particularly on the repair station provision, are not my guesstimates. 
These are provided by industry.
  I don't see Ms. Brown on the floor, but my colleague Ms. Brown and I 
share a district in Florida, its boundaries, and it's estimated that 
935 jobs could be lost. This is when our area is suffering from 10 to 
15 percent unemployment, and these are high-paying jobs.
  Mr. OBERSTAR. I yield now 2 minutes to the distinguished gentleman 
from Colorado (Mr. Salazar).
  Mr. SALAZAR. Mr. Chairman, today I rise to enter into a colloquy with 
the distinguished chairman of the Transportation Committee.
  First of all, Mr. Chairman, I would like to thank you and Mr. 
Costello for your strong leadership and for improving the safety of air 
ambulance operations. I want to thank you for working with us on this 
issue over the last

[[Page H5923]]

couple of years. I've had an opportunity to discuss my legislation with 
you.
  Mr. Chairman, I rise today to support your amendment, which includes 
a section that will enhance the safety of helicopters to the air 
medical safety community. As you know, there have been far too many 
fatal accidents over the years, and I thank the chairman for working on 
this issue over the past 4 years.
  We have seen three fatal air ambulance crashes in my district. A 
flight crew from Steamboat Springs crashed on January 11, 2005. A few 
months later, on June 30, 2005, an EMS helicopter crashed in Mancos, 
Colorado. On October 4, 2007, we lost three lives near Pagosa Springs. 
Two of those involved fixed-wing aircraft, and that is why it's so 
critical to improve the safety standards on all aircraft that provide 
air ambulance services.
  Mr. Lungren and I introduced legislation to increase the safety of 
all aircraft, not only of helicopters, and of pilots providing air 
ambulance services. Our legislation includes both helicopters and fixed 
wings.
  I would like to ask if you would be willing to work with us to 
include all aircraft that provide air medical services in the future.
  I yield to the chairman.
  Mr. OBERSTAR. Mr. Chairman, the distinguished gentleman from Colorado 
has been most persistent and vigilant on this issue of aviation safety. 
As the gentleman rightly noted, there have been a number of air 
ambulance crashes in his district, two of which were fixed-wing 
aircraft.
  The CHAIR. The time of the gentleman has expired.
  Mr. OBERSTAR. I yield the gentleman an additional 30 seconds.
  We intend to concentrate the attention of the FAA on helicopters 
because the preponderance of the problem has been helicopter services, 
but the FAA can and should take action also on fixed-wing aero medical 
service safety. Mr. Costello and I will work with the gentleman not 
only to ensure that helicopter ambulance service is held to the highest 
standard but also that of fixed-wing aircraft.
  I appreciate the gentleman's persistence on this subject and his 
knowledge on the issue.
  Mr. SALAZAR. I appreciate the chairman's commitment, and I look 
forward to continuing to work together.
  Mr. MICA. Mr. Chairman, I would like to yield myself 30 seconds.
  Well again, I've talked about the job-killing provisions of the 
repair station mandate in this bill. On our small Aviation 
Subcommittee, it has the potential for killing 7,100 high-paying jobs 
in Democrat districts. This is an equal opportunity job killer because 
in Mr. Petri's district, a gentleman who is here in a Republican 
district, it could do away with 850 jobs. I also know Wisconsin needs 
those high-paying aviation industry jobs.
  Mr. OBERSTAR. I yield 1 minute to the distinguished gentleman from 
Illinois (Mr. Costello).
  Mr. COSTELLO. I would ask you, Mr. Mica: In the figures that you were 
using from Midcoast Aviation and all of the other figures you just 
said, 7,000 and something jobs in Democrat districts on the Aviation 
Subcommittee, are you assuming that all of those facilities will close, 
that they will completely shut down and that every job will be lost?
  I yield to the gentleman.
  Mr. MICA. Well, first of all, we got the information both from the 
FAA and from industry.
  Mr. COSTELLO. I understand.
  Mr. MICA. We may lose that many jobs if there is retaliation.
  Mr. COSTELLO. Reclaiming my time.
  Meaning, for every single person employed at Midcoast Aviation and 
for every facility on the list, if our European friends retaliate, all 
of those facilities are going to shut down, and everybody is going to 
lose their jobs? Is that what you're saying?
  Mr. MICA. Well, we're not certain, but again I'm telling you what the 
industry says. We have countless groups that have said that this is a 
job killer to the industry.
  Mr. COSTELLO. You're listing the number of people who work at those 
facilities?
  Mr. MICA. I don't know how many jobs will be lost.

                              {time}  1500

  Mr. MICA. I would like to yield 1 minute, if I may to Mr. Cohen.
  (Mr. COHEN asked and was given permission to revise and extend his 
remarks.)
  Mr. COHEN. This is an excellent bill, and Mr. Oberstar and Mr. 
Costello have done a great job. But there is a provision which affects 
the number one industry in my district, Federal Express, in a way that 
could be very adverse to my community and to that corporation. It lifts 
them out of the Railway Labor Act where they've been in their entire 
history and changes 80 years of case and court law. The Railway Labor 
Act was created to keep our labor moving and have labor and management 
in express carrier airline and railroad services work in a very special 
way to protect interstate commerce and keep it flowing. This could 
jeopardize that particular situation.
  If we want to repeal the Railway Labor Act, that's one thing, but to 
lift a company out of it specifically is not fair when there has not 
been a hearing. My airport authority, my Chamber of Commerce, and most 
of the business leaders in my community are against the bill for this 
reason, and for that reason, I will have to vote ``no.'' But there is 
so much good in it, it's a regrettable vote.
  Mr. OBERSTAR. We reserve the balance of our time.
  Mr. MICA. Can I inquire as to the balance of time on both sides, 
please.
  The CHAIR. The gentleman from Florida has 2\1/2\ minutes. The 
gentleman from Minnesota has 1\1/2\ minutes.
  Mr. MICA. Mr. Chairman, I will conclude and yield myself the balance 
of my time.
  Again, we've worked hard. We have a common goal here. Mr. Oberstar 
cares deeply about the safety and viability of our American aviation 
industry.
  Mr. Costello shares that concern, our chair of the Aviation 
Subcommittee. Mr. Petri, our ranking Republican. We have the leaders of 
aviation. When I came to Congress, Mr. Oberstar was the chairman at the 
Aviation Subcommittee. I had the opportunity for 6 years during a very 
difficult time in the history of the country from 2001 for 6 years to 
lead that committee.
  Our interest is safety. Now, there are very good provisions in this 
bill, and we've worked together to put them there. There are some 
hiccups here and some things we wish were not in the bill. I have great 
concern about this repair station provision and the jobs that it may 
kill. I don't know how many. All I have is the information. We took the 
information from the districts of just the members on the subcommittee, 
and it's 11,000. This is a bipartisan job-killing provision--11,442 
just on our small subcommittee in Congress. We can't take that chance 
now.
  Now, you heard Mr. Johnson, I believe, from Georgia talk about the 
antitrust provisions. And we're told by the Air Transport Association 
the job-killing potential of that antitrust provision that was not in 
the bill that was voted on by Congress last time, it's a new provision 
and a job-killing provision.
  Our interest here is putting people to work and making this system 
safe, not doing away with jobs. So we've got to ensure that the 
provisions of this are sound for safety, sound for the current 
operations of our Federal Aviation Administration system, and sound, 
also, for the future.
  With that, I pledge to work with my colleagues because this bill will 
probably pass today. I wouldn't want to go back during Memorial Day and 
say I voted, however, for a measure--and we just heard Mr. Cohen from 
Tennessee make a plea because this has job-killing provisions for him--
and say this may kill high-paying jobs in your district.
  I yield back the balance of my time.
  Mr. OBERSTAR. I yield myself the minute and a half remaining.
  I would not want to come back on this floor at some future date and 
have to respond to an air tragedy because an aircraft wasn't properly 
inspected in a foreign repair station that was not properly crewed or 
supervised by U.S. personnel. We have the personnel in Europe to do the 
inspections. If the European community says--and they're

[[Page H5924]]

crying wolf, they're screaming inanities here that they don't have the 
personnel to inspect mutually in the U.S., then that's their problem. 
It's not ours.
  But I want to say that the Congressional Antitrust Modernization 
Commission recently made this recommendation: ``Statutory immunities 
from the antitrust laws should be disfavored. They should be granted 
rarely and only where, and for so long as, a clear case has been made 
that the conduct in question would subject the actors to antitrust 
liability and is necessary to satisfy a specific societal goal that 
trumps the benefit of the free market to consumers and to the U.S. 
economy in general.''
  We are not terminating alliances. The language in this bill says that 
the antitrust authority shall expire at the end of 3 years. The 
alliance can continue. There is nothing wrong with alliances, but no 
one in this society deserves permanent immunity from the antitrust laws 
of this country, and that is what Bob Crandall, one of the greatest 
innovators in aviation history said that the antitrust immunity should 
not be allowed.
  Mr. COHEN. Mr. Chair, I rise to express my concern with the FAA 
reauthorization bill in its current form.
  The FAA Reauthorization bill contains many good improvements that 
will benefit aviation and the nation as a whole. However, the bill 
includes a provision that is completely unrelated to the FAA and could 
have the most damaging effect on the constituents in my district of 
Memphis.
  I am very concerned about the inclusion of language that seeks to 
change the laws with respect to only one company, FedEx Express, which 
is the largest employer in my district. The Federal Express 
Corporation, which includes FedEx Express, employs approximately 30,000 
hard working Memphians.
  The FAA reauthorization bill, as currently drafted, includes a 
provision that would shift the employees of one company, FedEx, from 
coverage under the Railway Labor Act (RLA) to governance under the 
National Labor Relations Act (NLRA).
  FedEx Express and FedEx Corporation have been governed under the 
Railway Labor Act (RLA) since their inception. Some have said this 
change will put FedEx Express on an even playing field with competitor 
United Parcel Service (UPS). However, this is not accurate. Unlike UPS, 
which started as a walking/bike messenger system, FedEx Express has 
always been an air cargo carrier. I can understand why UPS would want 
their top competitor to be under the same labor laws. However, the two 
companies have different origination histories.
  There are over two decades of findings by the Federal courts, the 
National Labor Relations Board and the National Mediation Board that 
reaffirm Federal Express is an ``express carrier'' under the Railway 
Labor Act. The Ninth Circuit United States District Court in California 
has also reemphasized this and it is the law of the land.
  If it is the intent of Congress to do away with the Railway Labor Act 
that is one thing, but it's another to simply pick out one term because 
of one company. There is a long history with respect to our nation's 
labor laws, and the inclusion of three types of entities under the 
Railway Labor Act: railroads, airlines and express carriers.
  This is a very complex issue that could have drastic consequences, 
which could negatively impact our interstate commerce. A hearing should 
have been held in order to have an adequate public exploration of the 
policy surrounding the issue or the effect on private industry and the 
nation, or in this case, one company.
  Mr. Chair, through my long legislative career, I have always been a 
strong supporter of collective bargaining and I have been a longtime 
friend to labor. I have stood with them on important issues, like 
minimum wage, Davis Bacon, and trade agreements to protect American 
jobs and support American standards.
  However, this is not about denying workers an opportunity for 
collective bargaining, this provision is about switching the 
jurisdiction of a technical term in our labor laws in order to affect 
one company. Because this provision was included in the FAA 
reauthorization bill, I was asked by the Memphis Chamber of Commerce 
and the Memphis Airport Authority to oppose it.
  The question is one of fairness. Laws should not single out a person 
or a company, particularly when the law does not properly fit the 
circumstances. In this instance, making this so-called technical change 
will have a devastating effect upon the biggest employer in my 
District. In this already tough economic climate, the effects will be 
felt beyond Tennessee's Ninth Congressional District because FedEx is a 
great economic presence in our country and our world. Now more than 
ever, we need a steady stream of interstate commerce, which could very 
well be disrupted by this legislation. Such a disruption could cripple 
our economy.
  Mr. KLEIN of Florida. Mr. Chair, I rise today in strong support of 
H.R. 915, the FAA Reauthorization Act of 2009, and to commend Chairman 
Oberstar and Aviation Subcommittee Chairman Costello for their 
leadership in bringing this bill to the floor today. This ambitious 
legislation will address the complex challenges facing our nation's 
aviation system, from the way we track our planes to the way we treat 
our passengers.
  I was proud to author a provision in this legislation that would add 
an important layer of protection for consumers who endure unacceptable 
travel conditions. It came as a response to the alarming rate of 
complaints our constituents had over the past few years.
  Clearly, there are problems with our airline system. An aging 
infrastructure, outdated technology, unrealistic flight schedules, an 
overstretched workforce, and poor weather have all been cited as 
problems.
  It's true that despite these challenges, lots of passengers reach 
their destination without difficulty, and it's a great compliment to 
the men and women who work at the airlines to keep the system moving as 
scheduled. But one can't deny that many Americans are frustrated. One 
of my constituents sat on the tarmac for three hours before her flight 
was canceled and couldn't board another flight until the next day.
  Mr. Chair, the American people deserve better. They've paid their 
hard-earned money to fly on a plane, so they should get to their 
destination without serious problems.
  My provision in H.R. 915 will add an important layer of protection by 
requiring the Department of Transportation to investigate consumer 
complaints for a broad range of issues, including flight cancellations, 
overbooking, lost baggage, ticket refund problems, and incorrect or 
incomplete fare information.
  My provision won't try to reinvent the wheel. The Department of 
Transportation already operates a division that handles airline 
consumer complaints with authority to issue warnings and fines.
  What I am proposing is a simple expansion of the division so that 
they have the authority and resources to investigate a wide range of 
legitimate consumer grievances. I think that's a fair and reasonable 
response to the overwhelming problems the American people have endured.
  As we move forward to conference with the Senate, I also want to 
emphasize the important safety measures in this legislation.
  Proper safety begins with having enough inspectors on the ground. 
This is a continuing concern at a general aviation airport in my 
district, where inspectors are not based at the airport, and random and 
scheduled inspections don't seem to meet the airport's needs.
  Fortunately, H.R. 915 will provide a much needed boost in the number 
of safety inspectors to ensure that every plane in the sky has been 
thoroughly cleared for takeoff.
  This legislation will also hold the FAA accountable to the highest 
safety standards possible. Over the last several years, the FAA 
unfortunately had wavered from their core mission by treating the 
airlines, and not the American public, as its customers. The results 
were serious safety lapses. In the worst case, Southwest was allowed to 
fly 117 of its planes in violation of mandatory safety checks.
  H.R. 915 will create an independent whistleblower investigation 
office to help serve as a watchdog, and it will close the revolving 
door between FAA officials and the airline industry. Make no mistake: 
the buddy system between FAA and the airlines must end.
  Finally, I am pleased that both Congress and the Obama Administration 
are reaffirming our commitment to the dedicated men and women who 
operate our air traffic control towers. Staffing shortages at many 
towers are at a critical mass, forcing controllers to work longer hours 
and potentially exposing them to dangerous levels of fatigue.
  We must turn the page on the old way of treating our air traffic 
controllers and end the standoff between them and the FAA. Central to 
this will be a collective bargaining agreement that's fair and worthy 
of the men and women who keep our skies safe.
  I am hopeful that the current negotiations ordered by Secretary 
LaHood will be fruitful. But if not, the binding arbitration process 
set up in this bill will be important. I participated in numerous 
arbitration hearings as an attorney, and I believe this strategy will 
be a smart way forward to a new collective bargaining agreement.
  For these reasons, I urge my colleagues to support H.R. 915.
  Mrs. BLACKBURN. Mr. Chairman, I rise in opposition to H.R. 915. The 
legislation before the House today detrimentally impacts American job 
creation, and will further exacerbate the federal deficit during an 
economic downturn. Both effects of the legislation are inexcusable 
while Americans strive to cope with

[[Page H5925]]

difficult economic times, and I urge my colleagues to defeat the bill 
when it is considered later this afternoon.
  The legislation includes two provisions that if adopted, will almost 
certainly lead to job loss and the prevention of economic expansion for 
successful American corporations. Primarily, H.R. 915 rewrites modern 
aviation labor law by requiring FedEx Express employees to organize 
under the National Labor Relations Act (NLRA) rather than the Railway 
Labor Act (RLA). Organization under the RLA allows for a symbiotic and 
prosperous relationship between FedEx Express management and its 
employees, and has been a successful organizing tool for both since 
1971.
  Amending current law to force FedEx Express employees under the 
auspices of the RLA will almost certainly disrupt the company's plans 
for economic expansion. According to FedEx, the change in law would 
threaten ``FedEx's ability to provide competitively priced shipping 
options and ready access to global markets.'' Both of these elements 
are critical to the company's growth over the past 38 years, and would 
be detrimentally altered by the legislation before the House today.
  Furthermore, H.R. 915 would terminate airline code-share alliance 
agreements between airlines and the U.S. Government after three years. 
In so doing the legislation will disrupt antitrust protection that is 
considered critical by the airline industry, and threaten at least 
15,000 domestic airline jobs.
  Finally, the legislation authorizes an $84 billion outlay from a 
federal budget already stretched thin by trillions of dollars in 
deficit spending. This massive spending increase impacts both mandatory 
and discretionary spending, and will only add to the credit card tab 
mounting at an astonishing pace in only five months of unified Democrat 
leadership.
  I urge my colleagues to oppose H.R. 915.
  Ms. JACKSON-LEE of Texas, Mr. Chair, I rise today in support of H.R. 
915, the Federal Aviation Administration (FAA) Reauthorization Act of 
2009. I also want to thank Chairman Oberstar and the Committee on 
Transportation and Infrastructure as they continue to mire in the 
details of our national transportation projects. They face not only the 
reauthorization of the FAA but also reauthorization of SAFETEA-LU and 
other major legislation in the areas of transportation--I look forward 
to working with them on the many projects going on in Texas and my 
district of Houston.
  Mr. Chairman, as the Subcommittee chair for Transportation Security 
and Infrastructure protection, with jurisdiction over TSA; I am pleased 
to see that this Act authorizes $70 Action for the FAA through FY 2012.


                          Funding `Guarantees'

  Mr. Chair, this legislation amends current law that ``guarantees'' 
the availability of funding in the Airport and Airway Trust Fund by 
requiring that the total budget resources available from the trust fund 
are equal to the level of estimated receipts, plus interest. The 
uncommitted cash balance in the trust fund has declined substantially 
in recent years due to over-optimistic revenue projections. This allows 
not only the committee but the Agency to ensure committed projects get 
the funding they need. This legislation also:
  Provides for the robust capital funding required to modernize the Air 
Traffic Control system, as well as to stabilize and strengthen the 
Airport and Airway Trust Fund. It includes $16.2 Action for the Airport 
Improvement Program, and $39.3 Action for FAA Operations. It also 
provides significant increases in funding for smaller airports.
  Provides $13.4 Action for air traffic control including for 
accelerating the implementation of the Next Generation Air 
Transportation System, enabling FAA to repair and replace existing 
facilities and equipment, and implementing high-priority safety-related 
systems.
  Includes a fiscally responsible increase in the general aviation jet 
fuel tax rate in order to modernize air traffic control.
  Increases the maximum Passenger Facility Charge to $7.00 from $4.50 
to combat inflation and to help airports meet increased capital needs. 
Based on the needs of the airport, local governments and airport 
authorities decide on these fees, which could raise an additional $1.1 
Action for airport modernization to help fill the gap left by the 
federal program.
  Creates an independent Aviation Safety Whistleblower Investigation 
Office within the FAA; also mandates a two-year ``post-service'' 
cooling off period after FAA inspectors leave FAA, during which they 
cannot go work for the airline that they were previously responsible 
for overseeing.
  Requires the FAA to submit a strategic runway safety plan to 
Congress.
  Requires the FAA to contract with the National Academy of Sciences to 
conduct a study on pilot fatigue, and update, where appropriate, its 
regulations regarding flight and duty time requirements for pilots.
  Requires airlines and airports to have emergency contingency plans to 
take care of passengers who are involved in long onboard tarmac delays, 
including plans on deplaning after a lengthy delay. These plans must 
account for the provision of food, water, clean restrooms and medical 
care for passengers. DOT can fine those who fail to develop or comply 
with these plans.
  This bill will not impede ongoing alliances such as United Airlines 
and Continental Airlines by any Antitrust provisions in the bill. This 
is an important alliance to keep U.S. Airlines competitive.
  Directs the FAA to meet with air carriers, if flights exceed FAA's 
maximum arrival/departure rates and are adversely impacting the 
airspace, to ensure flight schedule reductions.
  In 2005 the FAA, Texas Airports Development Office selected the 
Houston Airport System (HAS) as Airport of the Year. The Texas Airports 
Development Office makes a selection of the outstanding primary-
commercial service airport each year. There are twenty-six primary-
commercial service airports in the state of Texas--each enplaning in 
excess of 10,000 passengers annually. I believe the Houston Airport 
System can achieve this again next year.
  As Members of Congress, we are continually flying back and forth from 
our District offices to Washington, DC. As a subcommittee Chair 
responsible for TSA and Transportation Security I pay particular 
attention to the safety of the employees and the public in our 
airports. I believe this Act will improve both of these issues. Mr. 
Chair, I proudly support this reauthorization Act for what it does to 
support transportation and aviation safety goals for our nation.
  Mr. GORDON of Tennessee. Mr. Chair, I rise today in support of the 
``FAA Reauthorization Act of 2009''. The bill that is before us 
represents Congress working together on a bipartisan basis across 
committee boundaries to meet the needs of the American people. I am 
pleased that the base text of H.R. 915 includes the updated set of 
provisions of H.R. 2698, the ``Federal Aviation Research and 
Development Reauthorization Act of 2007'', which was passed unanimously 
by the Science and Technology Committee in the 110th Congress.
  I appreciate the leadership of Transportation and Infrastructure 
Committee Chairman Jim Oberstar and Aviation Subcommittee Chairman 
Jerry Costello and their willingness to work with my committee to 
ensure that our provisions were included so that we can present this 
House with a comprehensive piece of legislation. I also want to express 
my appreciation to Transportation and Infrastructure Committee Ranking 
Member John Mica and Aviation Subcommittee Ranking Member Tom Petri. In 
addition, none of this would have been possible without the support and 
cooperation of Ranking Member Ralph Hall. I feel that our work together 
across party lines and across committee jurIsdictions is in many ways a 
model of how committees should cooperate to move important legislation.
  Mr. Chair, in view of the limited time, I will not dwell on the many 
good provisions included in this bill. I would simply assure my 
colleagues that this legislation authorizes funding in sections 102 and 
104 for a number of important R&D programs related to improving safety, 
reducing noise and other environmental impacts, and increasing the 
efficiency of the air transportation system. In addition, the bill 
establishes important new research initiatives on the impact of 
aviation on the climate, research on runway materials and engineered 
materials restraining systems, and aviation gas, as well as calling for 
independent assessments of FAA's safety R&D programs and its energy and 
environmental R&D programs.
  This legislation also incorporates provisions intended to ensure that 
the Next Generation Air Transportation System [NextGen] initiative 
succeeds. Everyone recognizes that changes are needed to our air 
transportation system. Thus this bill includes measures to address the 
needs of the NextGen system, including strengthening both the authority 
and the accountability of the NextGen Joint Planning and Development 
Office--JPDO--because the success or failure of NextGen is going to 
determine in large measure whether or not the nation will have a safe 
and efficient air traffic management system in the future.
  However, it is clear that FAA cannot ensure the successful 
development of the nation's future air transportation system on its 
own. As the establishment of the interagency JPDO by Congress in the 
Vision 100 Act indicates, it is going to take the combined efforts of 
multiple federal agencies, working in partnership with industry and the 
academic community, to make the NextGen initiative a success. NASA, in 
particular, has an important R&D role to play, and that is something 
that the Science and Technology Committee will devote attention to as 
we work on reauthorizing NASA in this Congress.
  For now, however, our focus is on the FAA, and I think that H.R. 915 
is a good bill that will

[[Page H5926]]

help ensure that America's aviation system remains safe and preeminent 
in the world. I support the bill, as well as the manager's amendment 
that will be offered by Chairman Oberstar that contains several 
provisions in the jurisdiction of the Science and Technology Committee.
  I urge my colleagues to support H.R. 915.
  Mr. TIBERI. Mr. Chair, I rise today to express my support for the 
provisions in this bill that would establish a fair process for 
addressing contract disputes between the FAA and our country's air 
traffic controllers.
  Air traffic controllers ensure the safety of air passengers every 
day. I thank the air traffic controllers in my Central Ohio district, 
across Ohio and across the country for their hard work and dedication 
to keeping our skies safe.
  In 2006, I cosponsored legislation that would have required the 
contract dispute between the FAA and the Air Traffic Controllers 
Association to be submitted to binding arbitration if the two parties 
did not reach an agreement. Unfortunately, this did not happen.
  The provisions in H.R. 915 are a good start and I rise in support of 
them today.
  Ms. HARMAN. Mr. Chair, I rise in support of Chairman Oberstar and 
this important legislation--and to address provisions that relate to 
staffing air traffic control towers.
  Safety is the most crucial and fundamental feature of America's 
aviation system. Experience is a huge component of safety. This was 
demonstrated by the heroic landing by Captain Sullenberger on the 
Hudson River this past January. It was also demonstrated by air traffic 
controllers on 9/11, when the national aviation system was shut down 
and they landed all planes across the country safely.
  In this decade, we have seen a significant increase in the number of 
air traffic controllers retiring. As a result, there has been a need to 
hire and train new air traffic controllers. Our aviation system has 
been forced to hire a very large number of new controllers very 
quickly--no small feat, given the high level of skill and training 
necessary to do the job. But we can't cut corners with filling crucial 
positions. I have concerns because the FAA counts controllers who are 
still training and not fully certified as staff when determining if an 
air traffic facility is fully staffed.
  According to the FAA's ``A Plan for the Future 10-year Strategy for 
the Air Traffic Control Workforce 2009-2018,'' Appendix A states 
``These (staffing) ranges include the number of controllers needed to 
perform the work. While most of the work is accomplished by CPCs, work 
is also being performed in facilities by CPC-ITs and position-qualified 
developments who are proficient, or ``checked out'', in specific 
sectors or positions and handles workload independently.'' For the 
clarification, CPCs are certified professional controllers and CPC-ITs 
are certified professional controllers in training, those that 
transferred from other facilities, and developmentals are new hires.
  Trainees are used in the airport in my district, Los Angeles 
International Airport (LAX)--the fourth busiest airport tower in the 
United States. According to an April 2009 Department of Transportation 
Inspector General report: ``As of December 2008 . . . 20 percent of 
LAX's controller workforce was in training.'' Trainees lack the same 
amount of experience as certified controllers, and these skills should 
not be learned on the job. We need to ensure that safety is not 
compromised at LAX and at other towers across the country.
  That is why I support sections, 607, ``FAA Air Traffic Controller 
Staffing'' and 608, ``Assessment of Training Programs for Air Traffic 
Controllers.''
  Section 607 authorizes a National Academy of Sciences study on FAA's 
assumptions and methods to determine staffing needs for air traffic 
controllers. Section 608 authorizes a study by the FAA to assess the 
adequacy of training programs for air traffic controllers.
  These studies will provide us with information to determine if we 
have enough experienced air controllers staffing our aviation system. 
If we don't, we must ensure that only those with the training and 
experience necessary keep the flying public safe and fill these 
positions. I want to thank Chairman Oberstar for his leadership on this 
legislation and for including these important provisions in the bill.
  Mr. ORTIZ. Mr. Chair, I rise to support my colleague from Texas.
  With the continuing emphasis on renewable energy programs as part of 
our national energy policy, it is unavoidable that we will have 
situations where FAA radars and renewable energy facilities, especially 
wind turbines, will compete for prime locations.
  This amendment gives the FAA the executive direction necessary to 
address these situations.
  Under our amendment, the FAA is directed to study their radar 
facilities and review conflicts with renewable energy facilities. To 
mitigate these situations, the Administrator is directed to develop an 
administrative process for relocating radar facilities when it is 
appropriate and necessary.
  I ask my colleagues to support this amendment.
  Mr. LIPINSKI. Mr. Chair, I rise in strong support of H.R. 915, the 
FAA Reauthorization Act of 2009. I would like to commend Chairman 
Oberstar and Chairman Costello for their excellent leadership on this 
bill and for their continued dedicated service on transportation 
issues.
  H.R. 915 contains a number of critical provisions that will not only 
upgrade and modernize our nation's air transportation system, but will 
significantly enhance and expand protections for consumers and the 
environment.
  As a member of the Transportation Subcommittee on Aviation, I was 
especially pleased to work with the Chairmen and others to write a 
number of these pro-consumer/pro-environment provisions, which include: 
holding airlines more accountable for delayed passenger bags, requiring 
airports to consider implementing recycling programs, establishing a 
federal research center to develop alternative jet fuels, funding 
research to eliminate the use of lead in aviation gas, and requiring an 
open, competitive process for airport projects with the use of QBS.
  Additionally, I am pleased the bill will take a close look at the 
impact of airline antitrust immunity on competition and then require 
DOT to adjust its existing policies accordingly.
  Mr. Chair, this long overdue bill will ensure that America's air 
transportation system remains the finest and safest in the world. And I 
am proud to have been able to work on and include provisions that will 
protect passengers, taxpayers, and the environment.
  I would again like to thank Chairman Oberstar and Chairman Costello 
for their hard work on this legislation and urge my colleagues to join 
me in voting for its passage.
  Mr. CARNAHAN. Mr. Chair, as a Congressman from St. Louis a major 
aviation hub and a member of the Aviation Subcommittee, I rise today in 
strong support of the FAA Reauthorization.
  Thanks to Chairmen Oberstar and Costello for their leadership and 
dedication to bring this bill to the floor again.
  A long term reauthorization of the FAA is long overdue. We need a 
four year reauthorization to provide stability to airport development 
projects and modernizing the aging air traffic control system.
  This legislation authorizes nearly $70 billion in needed investments 
in FAA programs over the next four years to help meet the growing 
demand on our system. The Federal Aviation Administration estimates 
over the next seven to twelve years our airlines will carry more than 
one billion passengers. Without expanded capacity airports will not be 
able to serve the increases in passengers.
  Airport capital investment is critical to accommodate growth and 
improve service. As you all know passenger facility charges are 
critical to funding these projects. Additionally, this legislation will 
increase the cap on passenger facility charges from $4.50 to $7.00. 
This increase would generate $1.1 billion in additional revenue for 
airport development annually.
  I am pleased to see a significant increase in the Airport Improvement 
Program. Over the four year life of the bill's authorization this 
amounts to an additional $1 billion in authorized funds for AIP. This 
increase in funding will be especially helpful to airports, like 
Lambert St. Louis International Airport, that are especially reliant on 
AIP funding. Also, critical to handling the expected increases in the 
number of passengers is modernizing our air transportation system.
  The FAA Reauthorization includes $13.4 billion for FAA Facilities and 
Equipment to accelerate the implementation of Next Generation Air 
Transportation System to modernize our air transportation system.
  Again, thank you for the time and I urge my colleagues to support 
this transformational FAA Reauthorization.
  Mr. GARRETT of New Jersey. Mr. Chair, I rise today to express my 
disappointment with this legislation, the FAA Reauthorization Act of 
2009. For many years now, I have fought the FAA on their so-called New 
York/New Jersey/Philadelphia airspace redesign plan. This plan would 
redirect thousands of flights per year over the houses of many of my 
constituents. This increased aircraft noise affects people's daily 
lives in many ways. It is more than a nuisance. Aircraft noise can 
adversely affect children in schools; the elderly in nursing 
facilities; and families in their homes. Additionally, these homes may 
decrease in value as a result of this aircraft noise.
  Proponents of the airspace redesign have long maintained that it is 
necessary to redesign the airspace because a significant portion of the 
delays in our national airspace derive from the tri-state area. We have 
long maintained that redesigning the airspace would have very little 
effect on delays but would adversely affect the lives of thousands of 
people.
  Yesterday, I, along with Congressmen Jim Himes and Rodney 
Frelinghuysen submitted an amendment to the Rules Committee. This 
amendment would have prohibited the FAA from continuing with its 
implementation of the

[[Page H5927]]

airspace redesign until it conducted a study on alternatives to reduce 
delays at the four airports considered in the redesign; including 
studying whether reducing overscheduling and the use of smaller 
aircraft by air carriers would have a greater effect on reducing delays 
than the redesign. In 2007, the Port Authority of New York and New 
Jersey, who operate 3 of the major airports included in the redesign 
submitted a proposal to the FAA with many of these suggestions, but the 
FAA largely ignored it. This was a sensible amendment, but 
unfortunately it will not be considered today. Furthermore, an 
amendment offered by Congressman Joe Sestak, which would have stopped 
the redesign's implementation until the FAA conducted a cost-benefit 
analysis--something recommended by the GAO, mind you--will also not be 
considered today.
  Mr. Chair, it is imperative that the FAA take seriously the concerns 
of those people on the ground who are affected by their actions. I urge 
a ``no'' vote.
  Mr. BOCCIERI. Mr. Chair, I rise today in support of this bill, HR 
915. I specifically support provisions in the bill which will require 
FAA inspectors to monitor overseas stations that repair U.S. aircraft.
  Over the years, U.S. airlines have steadily increased outsourcing of 
maintenance work performed at facilities here and abroad. According to 
the Department of Transportation IG, major air carriers outsourced an 
average of 64 percent of their maintenance expenses in 2007 compared to 
37 percent in 1996.
  In order to uphold the highest safety standards at all FAA-certified 
facilities, FAA inspectors must be permitted to physically inspect 
foreign repair stations every two years. The FAA must hold foreign 
repair stations and their workers to the same safety standards as those 
imposed on domestic repair stations. There is simply no substitute for 
direct FAA oversight of work performed on U.S. aircraft. Our government 
should not be outsourcing safety inspections to foreign governments.
  Opponents of Section 303 also claim that requiring two FAA 
inspections per year will cause the EU to retaliate by conducting 
reciprocal twice-a-year inspections of EASA-certified U.S. stations. 
But this is a matter of public safety.
  The U.S. has an obligation to ensure that FAA-certified repair 
stations meet U.S. standards, and we cannot abrogate this 
responsibility based on threats of retaliation from foreign governments 
looking to protect their own economic interests.
  Mr. MACK. Mr. Chair, I rise today to speak about the FAA 
Reauthorization bill. First, I want to thank Chairman Oberstar and 
Ranking Member Mica for their leadership and continued work on this 
legislation. While we need to pass a long-term FAA reauthorization 
bill, I am opposed to this bill in its current form.
  I have significant concerns with the tax hikes, new government 
regulations, and massive giveaways to Big Labor included in the bill. 
This legislation will significantly raise the cost of air travel, 
through a proposed Passenger Facility Charge or ``PFC'' tax increase. 
The increase, from $4.50 to $7 per passenger, is a 56 percent tax hike 
and will result in all of our constituents paying an additional two 
billion dollars annually. In addition to the PFC tax hike, this 
legislation would also raise taxes on general aviation gasoline and jet 
fuel. Mr. Chair, I can't reiterate it enough: we cannot keep raising 
taxes on the American people!
  In addition to raising taxes and fees, this bill overturns the Air 
Traffic Control Agreement, which will cost tax payers more than a 
billion dollars and forces the FAA into a more expensive union 
contract.
  Mr. Chair, we are at a critical juncture in revamping our air traffic 
control system. This bill does not go far enough to expedite investment 
in NextGen technology. We must create an environment that modernizes 
and updates our air traffic control system, increases efficiencies, and 
ensures safety in our nation's skies. But hiking taxes on hard working 
Americans and more union giveaways does nothing to promote these goals. 
Mr. Chair, I urge my colleagues to vote against this legislation.
  Mr. SALAZAR. Mr. Chair, I thank the Gentleman from New York for 
yielding and I would like to recognize Chairman Oberstar and Chairman 
Costello for their exceptional leadership on this very important bill.
  Mr. Chair, I rise today in strong support of H.R. 915, the FAA 
Reauthorization Act of 2009, and urge its passage.
  There are many good and important issues addressed in this bill: 
safety, nextgen, consumer protections, and increased funding to the 
Airport Improvement Program.
  But I'd like to especially thank the leadership on the committee for 
working with me on several issues that are particularly important to my 
constituents back home.
  H.R. 915 provides increased funding to local governments throughout 
the country to maintain and develop their airports, which serve as 
cornerstones for economic growth.
  As many of us come from and represent small, rural communities, we 
appreciate the need to preserve and improve rural aviation programs, 
such as Essential Air Service.
  EAS serves rural communities across the country that otherwise would 
not receive any scheduled air service.
  There are more than 140 rural communities nationwide, including 
Cortez, Alamosa and Pueblo in my state of Colorado, that rely on this 
program and will benefit from this legislation.
  And I again want to thank the Chairman for working with me to ensure 
our EMS flights meet the highest safety standards.
  Overall, I'm pleased to see the improvements made in this bill and I 
hope the Senate will follow our lead and move this important piece of 
legislation.
  I believe H.R. 915 ensures that we remain the world's safest aviation 
system, and I urge my colleagues to support this bill.
  Mr. WAXMAN. Mr. Chair, I would like to thank the Chairman for 
accepting an amendment I have offered regarding the need for the FAA to 
take meaningful action to address safety concerns at Santa Monica 
Airport. I appreciate the Committee's ongoing interest in addressing 
this serious issue.
  Santa Monica Airport is a unique General Aviation facility located in 
my congressional district. Built in 1922, the airport has no runway 
safety areas, which are now required by the FAA to reduce damage and 
loss of life in the event that an aircraft overshoots the runway or 
fails to lift off. The airport's single runway is bordered by steep 
hills, public streets, and densely populated neighborhoods, with homes 
as close as 250 feet from the runway. As flight traffic at the airport 
has increased, particularly among larger jets, so have concerns that 
any plane overshooting the runway would be at great risk of landing in 
the neighborhood.
  For nearly a decade, I have joined the community, the City of Santa 
Monica and the Airport Administration to push the FAA to address this 
serious safety gap. While the FAA has had discussions with the City, 
its response has at times been marked by delay and unfortunate acts of 
bad faith. Its proposals have simply fallen short of addressing the 
safety needs of the airport. Some proposed changes could seriously 
undermine emergency response capability at the airport, while others 
would be insufficient to stop a larger jet from an overrun into the 
surrounding streets and homes.
  My constituents and the crews and passengers that use Santa Monica 
Airport deserve to have the confidence that airport operations meet FAA 
safety guidelines and go beyond the barest minimum enhancements 
previously offered by the FAA. The amendment expresses the sense of 
Congress that the incoming Administrator of the FAA should take a fresh 
look at this issue. I urge the new Administrator, once confirmed, to 
swiftly enter into good faith discussions with the City of Santa Monica 
to achieve runway safety area solutions consistent with FAA design 
guidelines to address the safety concerns at Santa Monica Airport. When 
safety is at stake, time is always of the essence.
  Mr. LARSEN of Washington. Mr. Chair, I rise today to speak in support 
of H.R. 915, the Federal Aviation Administration Reauthorization Act. 
This bill provides historic levels of funding for FAA's critical work 
to improve safety, invest in our nation's airports, and modernize our 
air transportation system.
  H.R. 915 will help accelerate the implementation of FAA's Air Traffic 
Control Modernization and Next Generation Air Transportation System. 
NextGen will increase the capacity and efficiency of our national air 
transportation system, which will help accommodate expected increases 
in air traffic. H.R. 915 also increases oversight of NextGen and 
mandates that FAA develop a detailed plan for how they will deliver 
results for the airline industry and the flying public.
  This legislation invests in our nation's airports by providing $16.2 
billion for the Airport Improvement Program. This historic funding 
level also includes a significant increase in AIP funding for smaller 
airports, like many in my district. H.R. 915 also makes critical 
improvements in aviation safety, including strong air carrier safety 
oversight provisions and an increase in the number of aviation safety 
inspectors.
  I commend Chairmen Oberstar and Costello for addressing the ongoing 
dispute between the National Air Traffic Controllers Association and 
the FAA over failed contract negotiations by establishing a binding 
dispute resolution process and requiring the parties to go back to the 
negotiating table.
  The bill also fixes a long-standing disparity in the way employees of 
express delivery companies are treated under our nation's labor laws. 
This provision will help restore collective bargaining rights to this 
critical workforce.
  This legislation is not perfect, but it makes critical improvements 
to our nation's air transportation system to create jobs and strengthen 
our economy. I urge my colleagues to support this bill.

[[Page H5928]]

  Mr. TANNER. Mr. Chair, I rise today to thank Chairman Oberstar and 
Ranking Member Mica for bringing the FAA Reauthorization bill to the 
floor today. For the most part I am supportive of their efforts; 
however, I must express concern with a provision in this bill that 
would change the labor status of the employees of FedEx, a company 
based in Memphis, Tennessee, and important to our regional economy.
  FedEx has been covered by provisions of the Railroad Labor Act for 
decades. I am disappointed that this legislation attempts to overturn 
these years of legislative and legal precedent by now putting FedEx 
under the National Labor Relations Act. FedEx was founded in 1973, and 
every court and agency to address the issue since then has found FedEx 
to be subject to the RLA, because national labor and transportation 
policy mandates that integrated, multi-modal transportation networks be 
subject to the processes of the RLA.
  I do hope the Committee will consider my views and the views of those 
I represent in Tennessee, who depend on FedEx staying competitive. 
Because of the adverse effects this provision would have, I urge House 
conferees to eliminate this provision during its conference with the 
Senate. These provisions, which I oppose, should stand alone in 
separate legislation so all parties can come to the table and offer 
their ideas and concerns.
  Mr Chair, the complexity of this issue requires further debate from 
all parties affected.
  The CHAIR. All time for general debate has expired.
  In lieu of the amendment recommended by the Committee on 
Transportation and Infrastructure, printed in the bill, the amendment 
in the nature of a substitute printed in part A of House Report 111-
126, modified by the amendment printed in part B of that report, shall 
be considered as adopted and shall be considered as an original bill 
for purpose of further amendment under the 5-minute rule and shall be 
considered as read.
  The text of the bill, as amended, is as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``FAA 
     Reauthorization Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

Sec. 101. Airport planning and development and noise compatibility 
              planning and programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Research, engineering, and development.
Sec. 105. Funding for aviation programs.

                 Subtitle B--Passenger Facility Charges

Sec. 111. PFC authority.
Sec. 112. PFC eligibility for bicycle storage.
Sec. 113. Award of architectural and engineering contracts for airside 
              projects.
Sec. 114. Intermodal ground access project pilot program.
Sec. 115. Impacts on airports of accommodating connecting passengers.

                   Subtitle C--Fees for FAA Services

Sec. 121. Update on overflights.
Sec. 122. Registration fees.

                     Subtitle D--AIP Modifications

Sec. 131. Amendments to AIP definitions.
Sec. 132. Solid waste recycling plans.
Sec. 133. Amendments to grant assurances.
Sec. 134. Government share of project costs.
Sec. 135. Amendments to allowable costs.
Sec. 136. Uniform certification training for airport concessions under 
              disadvantaged business enterprise program.
Sec. 137. Preference for small business concerns owned and controlled 
              by disabled veterans.
Sec. 138. Minority and disadvantaged business participation.
Sec. 139. Calculation of State apportionment fund.
Sec. 140. Reducing apportionments.
Sec. 141. Minimum amount for discretionary fund.
Sec. 142. Marshall Islands, Micronesia, and Palau.
Sec. 143. Use of apportioned amounts.
Sec. 144. Sale of private airport to public sponsor.
Sec. 145. Airport privatization pilot program.
Sec. 146. Airport security program.
Sec. 147. Sunset of pilot program for purchase of airport development 
              rights.
Sec. 148. Extension of grant authority for compatible land use planning 
              and projects by State and local governments.
Sec. 149. Repeal of limitations on Metropolitan Washington Airports 
              Authority.
Sec. 150. Midway Island Airport.
Sec. 151. Puerto Rico minimum guarantee.
Sec. 152. Miscellaneous amendments.
Sec. 153. Airport Master Plans.

  TITLE II--NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC 
                         CONTROL MODERNIZATION

Sec. 201. Mission statement; sense of Congress.
Sec. 202. Next Generation Air Transportation System Joint Planning and 
              Development Office.
Sec. 203. Next Generation Air Transportation Senior Policy Committee.
Sec. 204. Automatic dependent surveillance-broadcast services.
Sec. 205. Inclusion of stakeholders in air traffic control 
              modernization projects.
Sec. 206. GAO review of challenges associated with transforming to the 
              Next Generation Air Transportation System.
Sec. 207. GAO review of Next Generation Air Transportation System 
              acquisition and procedures development.
Sec. 208. DOT inspector general review of operational and approach 
              procedures by a third party.
Sec. 209. Expert review of enterprise architecture for Next Generation 
              Air Transportation System.
Sec. 210. NextGen technology testbed.
Sec. 211. Clarification of authority to enter into reimbursable 
              agreements.
Sec. 212. Definition of air navigation facility.
Sec. 213. Improved management of property inventory.
Sec. 214. Clarification to acquisition reform authority.
Sec. 215. Assistance to foreign aviation authorities.
Sec. 216. Front line manager staffing.
Sec. 217. Flight service stations.
Sec. 218. NextGen Research and Development Center of Excellence.
Sec. 219. Airspace redesign.

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

Sec. 301. Judicial review of denial of airman certificates.
Sec. 302. Release of data relating to abandoned type certificates and 
              supplemental type certificates.
Sec. 303. Inspection of foreign repair stations.
Sec. 304. Runway safety.
Sec. 305. Improved pilot licenses.
Sec. 306. Flight crew fatigue.
Sec. 307. Occupational safety and health standards for flight 
              attendants on board aircraft.
Sec. 308. Aircraft surveillance in mountainous areas.
Sec. 309. Off-airport, low-altitude aircraft weather observation 
              technology.
Sec. 310. Noncertificated maintenance providers.
Sec. 311. Aircraft rescue and firefighting standards.

                 Subtitle B--Unmanned Aircraft Systems

Sec. 321. Commercial unmanned aircraft systems integration plan.
Sec. 322. Special rules for certain unmanned aircraft systems.
Sec. 323. Public unmanned aircraft systems.
Sec. 324. Definitions.

                   Subtitle C--Safety and Protections

Sec. 331. Aviation safety whistleblower investigation office.
Sec. 332. Modification of customer service initiative.
Sec. 333. Post-employment restrictions for flight standards inspectors.
Sec. 334. Assignment of principal supervisory inspectors.
Sec. 335. Headquarters review of air transportation oversight system 
              database.
Sec. 336. Improved voluntary disclosure reporting system.

                   TITLE IV--AIR SERVICE IMPROVEMENTS

Sec. 401. Monthly air carrier reports.
Sec. 402. Flight operations at Reagan National Airport.
Sec. 403. EAS contract guidelines.
Sec. 404. Essential air service reform.
Sec. 405. Small community air service.
Sec. 406. Air passenger service improvements.
Sec. 407. Contents of competition plans.
Sec. 408. Extension of competitive access reports.
Sec. 409. Contract tower program.
Sec. 410. Airfares for members of the Armed Forces.
Sec. 411. Repeal of essential air service local participation program.
Sec. 412. Adjustment to subsidy cap to reflect increased fuel costs.
Sec. 413. Notice to communities prior to termination of eligibility for 
              subsidized essential air service.
Sec. 414. Restoration of eligibility to a place determined by the 
              Secretary to be ineligible for subsidized essential air 
              service.
Sec. 415. Office of Rural Aviation.
Sec. 416. Adjustments to compensation for significantly increased 
              costs.
Sec. 417. Review of air carrier flight delays, cancellations, and 
              associated causes.
Sec. 418. European Union rules for passenger rights.

[[Page H5929]]

Sec. 419. Establishment of advisory committee for aviation consumer 
              protection.
Sec. 420. Denied boarding compensation.
Sec. 421. Compensation for delayed baggage.
Sec. 422. Schedule reduction.
Sec. 423. Expansion of DOT airline consumer complaint investigations.
Sec. 424. Prohibitions against voice communications using mobile 
              communications devices on scheduled flights.
Sec. 425. Antitrust exemptions.

          TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

Sec. 501. Amendments to air tour management program.
Sec. 502. State block grant program.
Sec. 503. Airport funding of special studies or reviews.
Sec. 504. Grant eligibility for assessment of flight procedures.
Sec. 505. CLEEN research, development, and implementation partnership.
Sec. 506. Prohibition on operating certain aircraft weighing 75,000 
              pounds or less not complying with stage 3 noise levels.
Sec. 507. Environmental mitigation pilot program.
Sec. 508. Aircraft departure queue management pilot program.
Sec. 509. High performance and sustainable air traffic control 
              facilities.
Sec. 510. Regulatory responsibility for aircraft engine noise and 
              emissions standards.
Sec. 511. Continuation of air quality sampling.
Sec. 512. Sense of Congress.
Sec. 513. Airport noise compatibility planning study, Port Authority of 
              New York and New Jersey.
Sec. 514. GAO study on compliance with FAA record of decision.

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. Applicability of back pay requirements.
Sec. 603. MSPB remedial authority for FAA employees.
Sec. 604. FAA technical training and staffing.
Sec. 605. Designee program.
Sec. 606. Staffing model for aviation safety inspectors.
Sec. 607. Safety critical staffing.
Sec. 608. FAA air traffic controller staffing.
Sec. 609. Assessment of training programs for air traffic controllers.
Sec. 610. Collegiate training initiative study.
Sec. 611. FAA Task Force on Air Traffic Control Facility Conditions.

                     TITLE VII--AVIATION INSURANCE

Sec. 701. General authority.
Sec. 702. Extension of authority to limit third party liability of air 
              carriers arising out of acts of terrorism.
Sec. 703. Clarification of reinsurance authority.
Sec. 704. Use of independent claims adjusters.
Sec. 705. Extension of program authority.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Air carrier citizenship.
Sec. 802. Disclosure of data to Federal agencies in interest of 
              national security.
Sec. 803. FAA access to criminal history records and database systems.
Sec. 804. Clarification of air carrier fee disputes.
Sec. 805. Study on national plan of integrated airport systems.
Sec. 806. Express carrier employee protection.
Sec. 807. Consolidation and realignment of FAA facilities.
Sec. 808. Accidental death and dismemberment insurance for National 
              Transportation Safety Board employees.
Sec. 809. GAO study on cooperation of airline industry in international 
              child abduction cases.
Sec. 810. Lost Nation Airport, Ohio.
Sec. 811. Pollock Municipal Airport, Louisiana.
Sec. 812. Human intervention and motivation study program.
Sec. 813. Washington, DC, Air Defense Identification Zone.
Sec. 814. Merrill Field Airport, Anchorage, Alaska.
Sec. 815. 1940 Air Terminal Museum at William P. Hobby Airport, 
              Houston, Texas.
Sec. 816. Duty periods and flight time limitations applicable to flight 
              crewmembers.
Sec. 817. Pilot program for redevelopment of airport properties.
Sec. 818. Helicopter operations over Long Island and Staten Island, New 
              York.
Sec. 819. Cabin temperature standards study.
Sec. 820. Civil penalties technical amendments.
Sec. 821. Study and report on alleviating congestion.
Sec. 822. Airline personnel training enhancement.
Sec. 823. Study on Feasibility of Development of a Public Internet Web-
              based Search Engine on Wind Turbine Installation 
              Obstruction.
Sec. 824. Wind turbine lighting.
Sec. 825. Limiting access to flight decks of all-cargo aircraft.

          TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

Sec. 901. Short title.
Sec. 902. Definitions.
Sec. 903. Interagency research initiative on the impact of aviation on 
              the climate.
Sec. 904. Research program on runways.
Sec. 905. Research on design for certification.
Sec. 906. Centers of excellence.
Sec. 907. Airport cooperative research program.
Sec. 908. Unmanned aircraft systems.
Sec. 909. Research grants program involving undergraduate students.
Sec. 910. Aviation gas research and development program.
Sec. 911. Review of FAA's Energy- and Environment-Related Research 
              Programs.
Sec. 912. Review of FAA's aviation safety-related research programs.
Sec. 913. Research program on alternative jet fuel technology for civil 
              aircraft.
Sec. 914. Center for excellence in aviation employment.

     SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

     SEC. 3. EFFECTIVE DATE.

       Except as otherwise expressly provided, this Act and the 
     amendments made by this Act shall apply only to fiscal years 
     beginning after September 30, 2008.

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

     SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE 
                   COMPATIBILITY PLANNING AND PROGRAMS.

       (a) Authorization.--Section 48103 is amended--
       (1) by striking ``September 30, 2003'' and inserting 
     ``September 30, 2008''; and
       (2) by striking paragraphs (1) through (6) and inserting 
     the following:
       ``(1) $3,900,000,000 for fiscal year 2009;
       ``(2) $4,000,000,000 for fiscal year 2010;
       ``(3) $4,100,000,000 for fiscal year 2011; and
       ``(4) $4,200,000,000 for fiscal year 2012.''.
       (b) Allocations of Funds.--Section 48103 is amended--
       (1) by striking ``The total amounts'' and inserting ``(a) 
     Availability of Amounts.--The total amounts''; and
       (2) by adding at the end the following:
       ``(b) Airport Cooperative Research Program.--Of the amounts 
     made available under subsection (a), $15,000,000 for each of 
     fiscal years 2009 through 2012 may be used for carrying out 
     the Airport Cooperative Research Program.
       ``(c) Airports Technology Research.--Of the amounts made 
     available under subsection (a), $19,348,000 for each of 
     fiscal years 2009 through 2012 may be used for carrying out 
     airports technology research.''.
       (c) Obligational Authority.--Section 47104(c) is amended by 
     striking ``March 31, 2009'' and inserting ``September 30, 
     2012''.

     SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       (a) Authorization of Appropriations.--Section 48101(a) is 
     amended by striking paragraphs (1) through (5) and inserting 
     the following:
       ``(1) $3,246,000,000 for fiscal year 2009.
       ``(2) $3,259,000,000 for fiscal year 2010.
       ``(3) $3,353,000,000 for fiscal year 2011.
       ``(4) $3,506,000,000 for fiscal year 2012.''.
       (b) Use of Funds.--Section 48101 is amended by striking 
     subsections (c) through (i) and inserting the following:
       ``(c) Wake Vortex Mitigation.--Of amounts appropriated 
     under subsection (a), such sums as may be necessary for each 
     of fiscal years 2009 through 2012 may be used for the 
     development and analysis of wake vortex mitigation, including 
     advisory systems.
       ``(d) Weather Hazards.--
       ``(1) In general.--Of amounts appropriated under subsection 
     (a), such sums as may be necessary for each of fiscal years 
     2009 through 2012 may be used for the development of in-
     flight and ground-based weather threat mitigation systems, 
     including ground de-icing and anti-icing systems and other 
     systems for predicting, detecting, and mitigating the effects 
     of certain weather conditions on both airframes and engines.
       ``(2) Specific hazards.--Weather conditions referred to in 
     paragraph (1) include--
       ``(A) ground-based icing threats such as ice pellets and 
     freezing drizzle;
       ``(B) oceanic weather, including convective weather, and 
     other hazards associated with oceanic operations (where 
     commercial traffic is high and only rudimentary satellite 
     sensing is available) to reduce the hazards presented to 
     commercial aviation, including convective weather ice crystal 
     ingestion threats; and
       ``(C) en route turbulence prediction.
       ``(e) Safety Management Systems.--Of amounts appropriated 
     under subsection (a) and section 106(k)(1), such sums as may 
     be necessary for each of fiscal years 2009 through 2012 may 
     be used to advance the development and implementation of 
     safety management systems.

[[Page H5930]]

       ``(f) Runway Incursion Reduction Programs.--Of amounts 
     appropriated under subsection (a), $10,000,000 for fiscal 
     year 2009, $12,000,000 for fiscal year 2010, $12,000,000 for 
     fiscal year 2011, and $12,000,000 for fiscal year 2012 may be 
     used for the development and implementation of runway 
     incursion reduction programs.
       ``(g) Runway Status Lights.--Of amounts appropriated under 
     subsection (a), $50,000,000 for fiscal year 2009, 
     $125,000,000 for fiscal year 2010, $100,000,000 for 2011, and 
     $50,000,000 for fiscal year 2012 may be used for the 
     acquisition and installation of runway status lights.
       ``(h) NextGen Systems Development Programs.--Of amounts 
     appropriated under subsection (a), $41,400,000 for fiscal 
     year 2009, $102,900,000 for fiscal year 2010, $104,000,000 
     for fiscal year 2011, and $105,300,000 for fiscal year 2012 
     may be used for systems development activities associated 
     with NextGen.
       ``(i) NextGen Demonstration Programs.--Of amounts 
     appropriated under subsection (a), $28,000,000 for fiscal 
     year 2009, $30,000,000 for fiscal year 2010, $30,000,000 for 
     fiscal year 2011, and $30,000,000 for fiscal year 2012 may be 
     used for demonstration activities associated with NextGen.
       ``(j) Center for Advanced Aviation System Development.--Of 
     amounts appropriated under subsection (a), $76,000,000 for 
     fiscal year 2009, $79,000,000 for fiscal year 2010, 
     $79,000,000 for fiscal year 2011, and $80,800,000 for fiscal 
     year 2012 may be used for the Center for Advanced Aviation 
     System Development.
       ``(k) Additional Programs.--Of amounts appropriated under 
     subsection (a), $21,900,000 for fiscal year 2009, $22,500,000 
     for fiscal year 2010, $22,500,000 for fiscal year 2011, and 
     $22,500,000 for fiscal year 2012 may be used for--
       ``(1) system capacity, planning, and improvement;
       ``(2) operations concept validation;
       ``(3) NAS weather requirements; and
       ``(4) Airspace Management Lab.''.

     SEC. 103. FAA OPERATIONS.

       (a) In General.--Section 106(k)(1) is amended by striking 
     subparagraphs (A) through (E) and inserting the following:
       ``(A) $8,998,462,000 for fiscal year 2009;
       ``(B) $9,531,272,000 for fiscal year 2010;
       ``(C) $9,936,259,000 for fiscal year 2011; and
       ``(D) $10,350,155,000 for fiscal year 2012.''.
       (b) Authorized Expenditures.--Section 106(k)(2) is 
     amended--
       (1) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Such sums as may be necessary for fiscal years 2009 
     through 2012 to support development and maintenance of 
     helicopter approach procedures, including certification and 
     recertification of instrument flight rule, global positioning 
     system, and point-in-space approaches to heliports necessary 
     to support all weather, emergency services.'';
       (2) by striking subparagraphs (B), (C), and (D);
       (3) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (B), (C), and (D), respectively; and
       (4) in subparagraphs (B), (C), and (D) (as so redesignated) 
     by striking ``2004 through 2007'' and inserting ``2009 
     through 2012''.
       (c) Airline Data and Analysis.--There is authorized to be 
     appropriated to the Secretary of Transportation out of the 
     Airport and Airway Trust Fund established by section 9502 of 
     the Internal Revenue Code of 1986 (26 U.S.C. 9502) to fund 
     airline data collection and analysis by the Bureau of 
     Transportation Statistics in the Research and Innovative 
     Technology Administration of the Department of Transportation 
     $6,000,000 for each of fiscal years 2009, 2010, 2011, and 
     2012.

     SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT.

       Section 48102(a) is amended--
       (1) in paragraph (11)--
       (A) in subparagraph (K) by inserting ``and'' at the end; 
     and
       (B) in subparagraph (L) by striking ``and'' at the end;
       (2) in paragraph (12)(L) by striking ``and'' at the end; 
     and
       (3) by striking paragraph (13) and inserting the following:
       ``(13) for fiscal year 2009, $212,929,000, including--
       ``(A) $8,457,000 for fire research and safety;
       ``(B) $4,050,000 for propulsion and fuel systems;
       ``(C) $2,920,000 for advanced materials and structural 
     safety;
       ``(D) $4,838,000 for atmospheric hazards and digital system 
     safety;
       ``(E) $14,683,000 for aging aircraft;
       ``(F) $2,158,000 for aircraft catastrophic failure 
     prevention research;
       ``(G) $11,000,000 for flightdeck maintenance, system 
     integration, and human factors;
       ``(H) $12,488,000 for aviation safety risk analysis;
       ``(I) $15,323,000 for air traffic control, technical 
     operations, and human factors;
       ``(J) $8,395,000 for aeromedical research;
       ``(K) $22,336,000 for weather program;
       ``(L) $6,738,000 for unmanned aircraft systems research;
       ``(M) $18,100,000 for the Next Generation Air 
     Transportation System Joint Planning and Development Office;
       ``(N) $10,560,000 for wake turbulence;
       ``(O) $10,425,000 for NextGen--Air ground integration;
       ``(P) $8,025,000 for NextGen--Self separation;
       ``(Q) $8,049,000 for NextGen--Weather technology in the 
     cockpit;
       ``(R) $22,939,000 for environment and energy;
       ``(S) $16,050,000 for NextGen--Environmental research--
     Aircraft technologies, fuels, and metrics;
       ``(T) $1,847,000 for system planning and resource 
     management; and
       ``(U) $3,548,000 for the William J. Hughes Technical Center 
     Laboratory Facility;
       ``(14) for fiscal year 2010, $214,587,000, including--
       ``(A) $8,546,000 for fire research and safety;
       ``(B) $4,075,000 for propulsion and fuel systems;
       ``(C) $2,965,000 for advanced materials and structural 
     safety;
       ``(D) $4,921,000 for atmospheric hazards and digital system 
     safety;
       ``(E) $14,688,000 for aging aircraft;
       ``(F) $2,153,000 for aircraft catastrophic failure 
     prevention research;
       ``(G) $11,000,000 for flightdeck maintenance, system 
     integration, and human factors;
       ``(H) $12,589,000 for aviation safety risk analysis;
       ``(I) $15,471,000 for air traffic control, technical 
     operations, and human factors;
       ``(J) $8,699,000 for aeromedical research;
       ``(K) $23,286,000 for weather program;
       ``(L) $6,236,000 for unmanned aircraft systems research;
       ``(M) $18,100,000 for the Next Generation Air 
     Transportation System Joint Planning and Development Office;
       ``(N) $10,412,000 for wake turbulence;
       ``(O) $10,400,000 for NextGen--Air ground integration;
       ``(P) $8,000,000 for NextGen--Self separation;
       ``(Q) $7,567,000 for NextGen--Weather technology in the 
     cockpit;
       ``(R) $20,278,000 for environment and energy;
       ``(S) $19,700,000 for NextGen--Environmental research--
     Aircraft technologies, fuels, and metrics;
       ``(T) $1,827,000 for system planning and resource 
     management; and
       ``(U) $3,674,000 for the William J. Hughes Technical Center 
     Laboratory Facility;
       ``(15) for fiscal year 2011, $225,993,000, including--
       ``(A) $8,815,000 for fire research and safety;
       ``(B) $4,150,000 for propulsion and fuel systems;
       ``(C) $2,975,000 for advanced materials and structural 
     safety;
       ``(D) $4,949,000 for atmospheric hazards and digital system 
     safety;
       ``(E) $14,903,000 for aging aircraft;
       ``(F) $2,181,000 for aircraft catastrophic failure 
     prevention research;
       ``(G) $12,000,000 for flightdeck maintenance, system 
     integration, and human factors;
       ``(H) $12,497,000 for aviation safety risk analysis;
       ``(I) $15,715,000 for air traffic control, technical 
     operations, and human factors;
       ``(J) $8,976,000 for aeromedical research;
       ``(K) $23,638,000 for weather program;
       ``(L) $6,295,000 for unmanned aircraft systems research;
       ``(M) $18,100,000 for the Next Generation Air 
     Transportation System Joint Planning and Development Office;
       ``(N) $10,471,000 for wake turbulence;
       ``(O) $10,600,000 for NextGen--Air ground integration;
       ``(P) $8,300,000 for NextGen--Self separation;
       ``(Q) $8,345,000 for NextGen--Weather technology in the 
     cockpit;
       ``(R) $27,075,000 for environment and energy;
       ``(S) $20,368,000 for NextGen--Environmental research--
     Aircraft technologies, fuels, and metrics;
       ``(T) $1,836,000 for system planning and resource 
     management; and
       ``(U) $3,804,000 for the William J. Hughes Technical Center 
     Laboratory Facility; and
       ``(16) for fiscal year 2012, $244,860,000, including--
       ``(A) $8,957,000 for fire research and safety;
       ``(B) $4,201,000 for propulsion and fuel systems;
       ``(C) $2,986,000 for advanced materials and structural 
     safety;
       ``(D) $4,979,000 for atmospheric hazards and digital system 
     safety;
       ``(E) $15,013,000 for aging aircraft;
       ``(F) $2,192,000 for aircraft catastrophic failure 
     prevention research;
       ``(G) $12,000,000 for flightdeck maintenance, system 
     integration, and human factors;
       ``(H) $12,401,000 for aviation safety risk analysis;
       ``(I) $16,000,000 for air traffic control, technical 
     operations, and human factors;
       ``(J) $9,267,000 for aeromedical research;
       ``(K) $23,800,000 for weather program;
       ``(L) $6,400,000 for unmanned aircraft systems research;
       ``(M) $18,100,000 for the Next Generation Air 
     Transportation System Joint Planning and Development Office;
       ``(N) $10,471,000 for wake turbulence;
       ``(O) $10,800,000 for NextGen--Air ground integration;
       ``(P) $8,500,000 for NextGen--Self separation;
       ``(Q) $8,569,000 for NextGen--Weather technology in the 
     cockpit;
       ``(R) $44,409,000 for environment and energy;
       ``(S) $20,034,000 for NextGen--Environmental research--
     Aircraft technologies, fuels, and metrics;
       ``(T) $1,840,000 for system planning and resource 
     management; and
       ``(U) $3,941,000 for the William J. Hughes Technical Center 
     Laboratory Facility.''.

[[Page H5931]]

     SEC. 105. FUNDING FOR AVIATION PROGRAMS.

       (a) Airport and Airway Trust Fund Guarantee.--Section 
     48114(a)(1)(A) is amended to read as follows:
       ``(A) In general.--The total budget resources made 
     available from the Airport and Airway Trust Fund each fiscal 
     year through fiscal year 2012 pursuant to sections 48101, 
     48102, 48103, and 106(k) shall--
       ``(i) in each of fiscal years 2009 and 2010, be equal to 90 
     percent of the estimated level of receipts plus interest 
     credited to the Airport and Airway Trust Fund for that fiscal 
     year; and
       ``(ii) in each of fiscal years 2011 and 2012, be equal to 
     the sum of--

       ``(I) 90 percent of the estimated level of receipts plus 
     interest credited to the Airport and Airway Trust Fund for 
     that fiscal year; and
       ``(II) the actual level of receipts plus interest credited 
     to the Airport and Airway Trust Fund for the second preceding 
     fiscal year minus the total amount made available for 
     obligation from the Airport and Airway Trust Fund for the 
     second preceding fiscal year.

     Such amounts may be used only for aviation investment 
     programs listed in subsection (b).''.
       (b) Additional Authorizations of Appropriations From the 
     General Fund.--Section 48114(a)(2) is amended by striking 
     ``2007'' and inserting ``2012''.
       (c) Estimated Level of Receipts Plus Interest Defined.--
     Section 48114(b)(2) is amended--
       (1) in the paragraph heading by striking ``Level'' and 
     inserting ``Estimated level''; and
       (2) by striking ``level of receipts plus interest'' and 
     inserting ``estimated level of receipts plus interest''.
       (d) Enforcement of Guarantees.--Section 48114(c)(2) is 
     amended by striking ``2007'' and inserting ``2012''.

                 Subtitle B--Passenger Facility Charges

     SEC. 111. PFC AUTHORITY.

       (a) PFC Defined.--Section 40117(a)(5) is amended to read as 
     follows:
       ``(5) Passenger facility charge.--The term `passenger 
     facility charge' means a charge or fee imposed under this 
     section.''.
       (b) Increase in PFC Maximum Level.--Section 40117(b)(4) is 
     amended by striking ``$4.00 or $4.50'' and inserting ``$4.00, 
     $4.50, $5.00, $6.00, or $7.00''.
       (c) Pilot Program for PFC at Nonhub Airports.--Section 
     40117(l) is amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraph (8) as paragraph (7).
       (d) Correction of References.--
       (1) Section 40117.--Section 40117 is amended--
       (A) in the section heading by striking ``FEES'' and 
     inserting ``CHARGES'';
       (B) in the heading for subsection (e) by striking ``Fees'' 
     and inserting ``Charges'';
       (C) in the heading for subsection (l) by striking ``Fee'' 
     and inserting ``Charge'';
       (D) in the heading for paragraph (5) of subsection (l) by 
     striking ``fee'' and inserting ``charge'';
       (E) in the heading for subsection (m) by striking ``Fees'' 
     and inserting ``Charges'';
       (F) in the heading for paragraph (1) of subsection (m) by 
     striking ``fees'' and inserting ``charges'';
       (G) by striking ``fee'' each place it appears (other than 
     the second sentence of subsection (g)(4)) and inserting 
     ``charge''; and
       (H) by striking ``fees'' each place it appears and 
     inserting ``charges''.
       (2) Other references.--Subtitle VII is amended by striking 
     ``fee'' and inserting ``charge'' each place it appears in 
     each of the following sections:
       (A) Section 47106(f)(1).
       (B) Section 47110(e)(5).
       (C) Section 47114(f).
       (D) Section 47134(g)(1).
       (E) Section 47139(b).
       (F) Section 47524(e).
       (G) Section 47526(2).

     SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE.

       (a) In General.--Section 40117(a)(3) is amended by adding 
     at the end the following:
       ``(H) A project to construct secure bicycle storage 
     facilities that are to be used by passengers at the airport 
     and that are in compliance with applicable security 
     standards.''.
       (b) Report to Congress.--Not later than one year after the 
     date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall submit to Congress a 
     report on the progress being made by airports to install 
     bicycle parking for airport customers and airport employees.

     SEC. 113. AWARD OF ARCHITECTURAL AND ENGINEERING CONTRACTS 
                   FOR AIRSIDE PROJECTS.

       (a) In General.--Section 40117(d) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) in the case of an application to finance a project to 
     meet the airside needs of the airport, the application 
     includes written assurances, satisfactory to the Secretary, 
     that each contract and subcontract for program management, 
     construction management, planning studies, feasibility 
     studies, architectural services, preliminary engineering, 
     design, engineering, surveying, mapping, and related services 
     will be awarded in the same way that a contract for 
     architectural and engineering services is negotiated under 
     chapter 11 of title 40 or an equivalent qualifications-based 
     requirement prescribed for or by the eligible agency.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to an application submitted to the Secretary of 
     Transportation by an eligible agency under section 40117 of 
     title 49, United States Code, after the date of enactment of 
     this Act.

     SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT PROGRAM.

       Section 40117 is amended by adding at the end the 
     following:
       ``(n) Pilot Program for PFC Eligibility for Intermodal 
     Ground Access Projects.--
       ``(1) PFC eligibility.--Subject to the requirements of this 
     subsection, the Secretary shall establish a pilot program 
     under which the Secretary may authorize, at no more than 5 
     airports, a passenger facility charge imposed under 
     subsection (b)(1) or (b)(4) to be used to finance the 
     eligible cost of an intermodal ground access project.
       ``(2) Intermodal ground access project defined.--In this 
     section, the term `intermodal ground access project' means a 
     project for constructing a local facility owned or operated 
     by an eligible agency that is directly and substantially 
     related to the movement of passengers or property traveling 
     in air transportation.
       ``(3) Eligible costs.--
       ``(A) In general.--For purposes of paragraph (1), the 
     eligible cost of an intermodal ground access project shall be 
     the total cost of the project multiplied by the ratio that--
       ``(i) the number of individuals projected to use the 
     project to gain access to or depart from the airport; bears 
     to
       ``(ii) the total number of the individuals projected to use 
     the facility.
       ``(B) Determinations regarding projected project use.--
       ``(i) In general.--Except as provided by clause (ii), the 
     Secretary shall determine the projected use of a project for 
     purposes of subparagraph (A) at the time the project is 
     approved under this subsection.
       ``(ii) Public transportation projects.--In the case of a 
     project approved under this section to be financed in part 
     using funds administered by the Federal Transit 
     Administration, the Secretary shall use the travel 
     forecasting model for the project at the time such project is 
     approved by the Federal Transit Administration to enter 
     preliminary engineering to determine the projected use of the 
     project for purposes of subparagraph (A).''.

     SEC. 115. IMPACTS ON AIRPORTS OF ACCOMMODATING CONNECTING 
                   PASSENGERS.

       (a) Study.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     initiate a study to evaluate--
       (1) the impacts on airports of accommodating connecting 
     passengers; and
       (2) the treatment of airports at which the majority of 
     passengers are connecting passengers under the passenger 
     facility charge program authorized by section 40117 of title 
     49, United States Code.
       (b) Contents of Study.--In conducting the study, the 
     Secretary shall review, at a minimum, the following:
       (1) the differences in facility needs, and the costs for 
     constructing, maintaining, and operating those facilities, 
     for airports at which the majority of passengers are 
     connecting passengers as compared to airports at which the 
     majority of passengers are originating and destination 
     passengers;
       (2) whether the costs to an airport of accommodating 
     additional connecting passengers differs from the cost of 
     accommodating additional originating and destination 
     passengers;
       (3) for each airport charging a passenger facility charge, 
     the percentage of passenger facility charge revenue 
     attributable to connecting passengers and the percentage of 
     such revenue attributable to originating and destination 
     passengers;
       (4) the potential effects on airport revenues of requiring 
     airports to charge different levels of passenger facility 
     charges on connecting passengers and originating and 
     destination passengers; and
       (5) the added costs to air carriers of collecting passenger 
     facility charges under a system in which different levels of 
     passenger facility charges are imposed on connecting 
     passengers and originating and destination passengers.
       (c) Report to Congress.--
       (1) In general.--Not later than one year after the date of 
     initiation of the study, the Secretary shall submit to 
     Congress a report on the results of the study.
       (2) Contents.--The report shall include--
       (A) the findings of the Secretary on each of the subjects 
     listed in subsection (b); and
       (B) recommendations, if any, of the Secretary based on the 
     results of the study for any changes to the passenger 
     facility charge program, including recommendations as to 
     whether different levels of passenger facility charges should 
     be imposed on connecting passengers and originating and 
     destination passengers.

                   Subtitle C--Fees for FAA Services

     SEC. 121. UPDATE ON OVERFLIGHTS.

       (a) Establishment and Adjustment of Fees.--Section 45301(b) 
     is amended to read as follows:
       ``(b) Establishment and Adjustment of Fees.--
       ``(1) In general.--In establishing and adjusting fees under 
     subsection (a), the Administrator shall ensure that the fees 
     are reasonably related to the Administration's

[[Page H5932]]

     costs, as determined by the Administrator, of providing the 
     services rendered. Services for which costs may be recovered 
     include the costs of air traffic control, navigation, weather 
     services, training, and emergency services which are 
     available to facilitate safe transportation over the United 
     States and the costs of other services provided by the 
     Administrator, or by programs financed by the Administrator, 
     to flights that neither take off nor land in the United 
     States. The determination of such costs by the Administrator, 
     and the allocation of such costs by the Administrator to 
     services provided, are not subject to judicial review.
       ``(2) Adjustment of fees.--The Administrator shall adjust 
     the overflight fees established by subsection (a)(1) by 
     expedited rulemaking and begin collections under the adjusted 
     fees by May 1, 2010. In developing the adjusted overflight 
     fees, the Administrator may seek and consider the 
     recommendations offered by an aviation rulemaking committee 
     for overflight fees that are provided to the Administrator by 
     May 1, 2009, and are intended to ensure that overflight fees 
     are reasonably related to the Administrator's costs of 
     providing air traffic control and related services to 
     overflights.
       ``(3) Aircraft altitude.--Nothing in this section shall 
     require the Administrator to take into account aircraft 
     altitude in establishing any fee for aircraft operations in 
     en route or oceanic airspace.
       ``(4) Costs defined.--In this subsection, the term `costs' 
     includes those costs associated with the operation, 
     maintenance, leasing costs, and overhead expenses of the 
     services provided and the facilities and equipment used in 
     such services, including the projected costs for the period 
     during which the services will be provided.
       ``(5) Publication; comment.--The Administrator shall 
     publish in the Federal Register any fee schedule under this 
     section, including any adjusted overflight fee schedule, and 
     the associated collection process as an interim final rule, 
     pursuant to which public comment will be sought and a final 
     rule issued.''.
       (b) Adjustments.--Section 45301 is amended by adding at the 
     end the following:
       ``(e) Adjustments.--In addition to adjustments under 
     subsection (b), the Administrator may periodically adjust the 
     fees established under this section.''.

     SEC. 122. REGISTRATION FEES.

       (a) In General.--Chapter 453 is amended by adding at the 
     end the following:

     ``Sec. 45305. Registration, certification, and related fees

       ``(a) General Authority and Fees.--Subject to subsection 
     (b), the Administrator of the Federal Aviation Administration 
     shall establish the following fees for services and 
     activities of the Administration:
       ``(1) $130 for registering an aircraft.
       ``(2) $45 for replacing an aircraft registration.
       ``(3) $130 for issuing an original dealer's aircraft 
     certificate.
       ``(4) $105 for issuing an aircraft certificate (other than 
     an original dealer's aircraft certificate).
       ``(5) $80 for issuing a special registration number.
       ``(6) $50 for issuing a renewal of a special registration 
     number.
       ``(7) $130 for recording a security interest in an aircraft 
     or aircraft part.
       ``(8) $50 for issuing an airman certificate.
       ``(9) $25 for issuing a replacement airman certificate.
       ``(10) $42 for issuing an airman medical certificate.
       ``(11) $100 for providing a legal opinion pertaining to 
     aircraft registration or recordation.
       ``(b) Limitation on Collection.--No fee may be collected 
     under this section unless the expenditure of the fee to pay 
     the costs of activities and services for which the fee is 
     imposed is provided for in advance in an appropriations Act.
       ``(c) Fees Credited as Offsetting Collections.--
       ``(1) In general.--Notwithstanding section 3302 of title 
     31, any fee authorized to be collected under this section 
     shall--
       ``(A) be credited as offsetting collections to the account 
     that finances the activities and services for which the fee 
     is imposed;
       ``(B) be available for expenditure only to pay the costs of 
     activities and services for which the fee is imposed; and
       ``(C) remain available until expended.
       ``(2) Continuing appropriations.--The Administrator may 
     continue to assess, collect, and spend fees established under 
     this section during any period in which the funding for the 
     Federal Aviation Administration is provided under an Act 
     providing continuing appropriations in lieu of the 
     Administration's regular appropriations.
       ``(3) Adjustments.--The Administrator shall periodically 
     adjust the fees established by subsection (a) when cost data 
     from the cost accounting system developed pursuant to section 
     45303(e) reveal that the cost of providing the service is 
     higher or lower than the cost data that were used to 
     establish the fee then in effect.''.
       (b) Clerical Amendment.--The analysis for chapter 453 is 
     amended by adding at the end the following:

``45305. Registration, certification, and related fees.''.
       (c) Fees Involving Aircraft Not Providing Air 
     Transportation.--Section 45302(e) is amended--
       (1) by striking ``A fee'' and inserting the following:
       ``(1) In general.--A fee''; and
       (2) by adding at the end the following:
       ``(2) Effect of imposition of other fees.--A fee may not be 
     imposed for a service or activity under this section during 
     any period in which a fee for the same service or activity is 
     imposed under section 45305.''.

                     Subtitle D--AIP Modifications

     SEC. 131. AMENDMENTS TO AIP DEFINITIONS.

       (a) Airport Development.--Section 47102(3) is amended--
       (1) in subparagraph (B)(iv) by striking ``20'' and 
     inserting ``9''; and
       (2) by adding at the end the following:
       ``(M) construction of mobile refueler parking within a fuel 
     farm at a nonprimary airport meeting the requirements of 
     section 112.8 of title 40, Code of Federal Regulations.
       ``(N) terminal development under section 47119(a).
       ``(O) acquiring and installing facilities and equipment to 
     provide air conditioning, heating, or electric power from 
     terminal-based, non-exclusive use facilities to aircraft 
     parked at a public use airport for the purpose of reducing 
     energy use or harmful emissions as compared to the provision 
     of such air conditioning, heating, or electric power from 
     aircraft-based systems.''.
       (b) Airport Planning.--Section 47102(5) is amended by 
     inserting before the period at the end the following: ``, 
     developing an environmental management system''.
       (c) General Aviation Airport.--Section 47102 is amended--
       (1) by redesignating paragraphs (23) through (25) as 
     paragraphs (25) through (27), respectively;
       (2) by redesignating paragraphs (8) through (22) as 
     paragraphs (9) through (23), respectively; and
       (3) by inserting after paragraph (7) the following:
       ``(8) `general aviation airport' means a public airport 
     that is located in a State and that, as determined by the 
     Secretary--
       ``(A) does not have scheduled service; or
       ``(B) has scheduled service with less that 2,500 passenger 
     boardings each year.''.
       (d) Revenue Producing Aeronautical Support Facilities.--
     Section 47102 is amended by inserting after paragraph (23) 
     (as redesignated by subsection (c)(2) of this section) the 
     following:
       ``(24) `revenue producing aeronautical support facilities' 
     means fuel farms, hangar buildings, self-service credit card 
     aeronautical fueling systems, airplane wash racks, major 
     rehabilitation of a hangar owned by a sponsor, or other 
     aeronautical support facilities that the Secretary determines 
     will increase the revenue producing ability of the 
     airport.''.
       (e) Terminal Development.--Section 47102 is further amended 
     by adding at the end the following:
       ``(28) `terminal development' means--
       ``(A) development of--
       ``(i) an airport passenger terminal building, including 
     terminal gates;
       ``(ii) access roads servicing exclusively airport traffic 
     that leads directly to or from an airport passenger terminal 
     building; and
       ``(iii) walkways that lead directly to or from an airport 
     passenger terminal building; and
       ``(B) the cost of a vehicle described in section 
     47119(a)(1)(B).''.

     SEC. 132. SOLID WASTE RECYCLING PLANS.

       (a) Airport Planning.--Section 47102(5) (as amended by 
     section 131(b) of this Act) is amended by inserting before 
     the period at the end the following: ``, and planning to 
     minimize the generation of, and to recycle, airport solid 
     waste in a manner that is consistent with applicable State 
     and local recycling laws''.
       (b) Master Plan.--Section 47106(a) is amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) in any case in which the project is for an airport 
     that has an airport master plan, the master plan addresses 
     the feasibility of solid waste recycling at the airport and 
     minimizing the generation of solid waste at the airport.''.

     SEC. 133. AMENDMENTS TO GRANT ASSURANCES.

       (a) General Written Assurances.--Section 
     47107(a)(16)(D)(ii) is amended by inserting before the 
     semicolon at the end the following: ``, except in the case of 
     a relocation or replacement of an existing airport facility 
     that meets the conditions of section 47110(d)''.
       (b) Written Assurances on Acquiring Land.--
       (1) Use of proceeds.--Section 47107(c)(2)(A)(iii) is 
     amended by striking ``paid to the Secretary'' and all that 
     follows before the semicolon and inserting ``reinvested in 
     another project at the airport or transferred to another 
     airport as the Secretary prescribes under paragraph (4)''.
       (2) Eligible projects.--Section 47107(c) is amended by 
     adding at the end the following:
       ``(4) Priorities for reinvestment.--In approving the 
     reinvestment or transfer of proceeds under subsection 
     (c)(2)(A)(iii), the Secretary shall give preference, in 
     descending order, to the following actions:
       ``(A) Reinvestment in an approved noise compatibility 
     project.
       ``(B) Reinvestment in an approved project that is eligible 
     for funding under section 47117(e).

[[Page H5933]]

       ``(C) Reinvestment in an approved airport development 
     project that is eligible for funding under section 47114, 
     47115, or 47117.
       ``(D) Transfer to a sponsor of another public airport to be 
     reinvested in an approved noise compatibility project at such 
     airport.
       ``(E) Payment to the Secretary for deposit in the Airport 
     and Airway Trust Fund.''.
       (c) Clerical Amendment.--Section 47107(c)(2)(B)(iii) is 
     amended by striking ``the Fund'' and inserting ``the Airport 
     and Airway Trust Fund established under section 9502 of the 
     Internal Revenue Code of 1986 (26 U.S.C. 9502)''.

     SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS.

       Section 47109 is amended--
       (1) in subsection (a) by striking ``provided in subsection 
     (b) or subsection (c) of this section'' and inserting 
     ``otherwise specifically provided in this section''; and
       (2) by adding at the end the following:
       ``(e) Special Rule for Transition From Small Hub to Medium 
     Hub Status.--If the status of a small hub airport changes to 
     a medium hub airport, the Government's share of allowable 
     project costs for the airport may not exceed 90 percent for 
     the first 2 fiscal years following such change in hub status.
       ``(f) Special Rule for Economically Depressed 
     Communities.--The Government's share of allowable project 
     costs shall be 95 percent for a project at an airport that--
       ``(1) is receiving subsidized air service under subchapter 
     II of chapter 417; and
       ``(2) is located in an area that meets one or more of the 
     criteria established in section 301(a) of the Public Works 
     and Economic Development Act of 1965 (42 U.S.C. 3161(a)), as 
     determined by the Secretary of Commerce.''.

     SEC. 135. AMENDMENTS TO ALLOWABLE COSTS.

       (a) Allowable Project Costs.--Section 47110(b)(2)(D) is 
     amended to read as follows:
       ``(D) if the cost is for airport development and is 
     incurred before execution of the grant agreement, but in the 
     same fiscal year as execution of the grant agreement, and 
     if--
       ``(i) the cost was incurred before execution of the grant 
     agreement due to the short construction season in the 
     vicinity of the airport;
       ``(ii) the cost is in accordance with an airport layout 
     plan approved by the Secretary and with all statutory and 
     administrative requirements that would have been applicable 
     to the project if the project had been carried out after 
     execution of the grant agreement;
       ``(iii) the sponsor notifies the Secretary before 
     authorizing work to commence on the project; and
       ``(iv) the sponsor's decision to proceed with the project 
     in advance of execution of the grant agreement does not 
     affect the priority assigned to the project by the Secretary 
     for the allocation of discretionary funds;''.
       (b) Relocation of Airport-Owned Facilities.--Section 
     47110(d) is amended to read as follows:
       ``(d) Relocation of Airport-Owned Facilities.--The 
     Secretary may determine that the costs of relocating or 
     replacing an airport-owned facility are allowable for an 
     airport development project at an airport only if--
       ``(1) the Government's share of such costs will be paid 
     with funds apportioned to the airport sponsor under section 
     47114(c)(1) or 47114(d);
       ``(2) the Secretary determines that the relocation or 
     replacement is required due to a change in the Secretary's 
     design standards; and
       ``(3) the Secretary determines that the change is beyond 
     the control of the airport sponsor.''.
       (c) Nonprimary Airports.--Section 47110(h) is amended--
       (1) by inserting ``construction of'' before ``revenue 
     producing''; and
       (2) by striking ``, including fuel farms and hangars,''.

     SEC. 136. UNIFORM CERTIFICATION TRAINING FOR AIRPORT 
                   CONCESSIONS UNDER DISADVANTAGED BUSINESS 
                   ENTERPRISE PROGRAM.

       (a) In General.--Section 47107(e) is amended--
       (1) by redesignating paragraph (8) as paragraph (9); and
       (2) by inserting after paragraph (7) the following:
       ``(8) Mandatory training program for airport concessions.--
       ``(A) In general.--Not later than one year after the date 
     of enactment of the FAA Reauthorization Act of 2009, the 
     Secretary shall establish a mandatory training program for 
     persons described in subparagraph (C) on the certification of 
     whether a small business concern in airport concessions 
     qualifies as a small business concern owned and controlled by 
     a socially and economically disadvantaged individual for 
     purposes of paragraph (1).
       ``(B) Implementation.--The training program may be 
     implemented by one or more private entities approved by the 
     Secretary.
       ``(C) Participants.--A person referred to in paragraph (1) 
     is an official or agent of an airport owner or operator who 
     is required to provide a written assurance under paragraph 
     (1) that the airport owner or operator will meet the 
     percentage goal of paragraph (1) or who is responsible for 
     determining whether or not a small business concern in 
     airport concessions qualifies as a small business concern 
     owned and controlled by a socially and economically 
     disadvantaged individual for purposes of paragraph (1).
       ``(D) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this paragraph.''.
       (b) Report.--Not later than 24 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and other appropriate 
     committees of Congress a report on the results of the 
     training program conducted under the amendment made by 
     subsection (a).

     SEC. 137. PREFERENCE FOR SMALL BUSINESS CONCERNS OWNED AND 
                   CONTROLLED BY DISABLED VETERANS.

       Section 47112(c) is amended by adding at the end the 
     following:
       ``(3) A contract involving labor for carrying out an 
     airport development project under a grant agreement under 
     this subchapter must require that a preference be given to 
     the use of small business concerns (as defined in section 3 
     of the Small Business Act (15 U.S.C. 1632)) owned and 
     controlled by disabled veterans.''.

     SEC. 138. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.

       Section 47113 is amended by adding at the end the 
     following:
       ``(e) Personal Net Worth Cap.--
       ``(1) Regulations.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall issue 
     final regulations to adjust the personal net worth cap used 
     in determining whether an individual is economically 
     disadvantaged for purposes of qualifying under the definition 
     contained in subsection (a)(2). The regulations shall correct 
     for the impact of inflation since the Small Business 
     Administration established the personal net worth cap at 
     $750,000 in 1989.
       ``(2) Annual adjustment.--Following the initial adjustment 
     under paragraph (1), the Secretary shall adjust, on June 30 
     of each year thereafter, the personal net worth cap to 
     account for changes, occurring in the preceding 12-month 
     period, in the Consumer Price Index of All Urban Consumers 
     (United States city average, all items) published by the 
     Secretary of Labor.''.

     SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND.

       Section 47114(d) is amended--
       (1) in paragraph (2)--
       (A) by striking ``Except as provided in paragraph (3), the 
     Secretary'' and inserting ``The Secretary''; and
       (B) by striking ``18.5 percent'' and inserting ``10 
     percent''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Additional amount.--
       ``(A) In general.--In addition to amounts apportioned under 
     paragraph (2), and subject to subparagraph (B), the Secretary 
     shall apportion to each airport, excluding primary airports 
     but including reliever and nonprimary commercial service 
     airports, in States the lesser of--
       ``(i) $150,000; or
       ``(ii) \1/5\ of the most recently published estimate of the 
     5-year costs for airport improvement for the airport, as 
     listed in the national plan of integrated airport systems 
     developed by the Federal Aviation Administration under 
     section 47103.
       ``(B) Reduction.--In any fiscal year in which the total 
     amount made available for apportionment under paragraph (2) 
     is less than $300,000,000, the Secretary shall reduce, on a 
     prorated basis, the amount to be apportioned under 
     subparagraph (A) and make such reduction available to be 
     apportioned under paragraph (2), so as to apportion under 
     paragraph (2) a minimum of $300,000,000.''.

     SEC. 140. REDUCING APPORTIONMENTS.

       Section 47114(f)(1) is amended--
       (1) by striking ``and'' at the end of subparagraph (A);
       (2) in subparagraph (B)--
       (A) by inserting ``except as provided by subparagraph 
     (C),'' before ``in the case''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(C) in the case of a charge of more than $4.50 imposed by 
     the sponsor of an airport enplaning at least one percent of 
     the total number of boardings each year in the United States, 
     100 percent of the projected revenues from the charge in the 
     fiscal year but not more than 100 percent of the amount that 
     otherwise would be apportioned under this section.''.

     SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND.

       Section 47115(g)(1) is amended by striking ``sum of--'' and 
     all that follows through the period at the end of 
     subparagraph (B) and inserting ``sum of $520,000,000.''.

     SEC. 142. MARSHALL ISLANDS, MICRONESIA, AND PALAU.

       Section 47115(j) is amended by striking ``fiscal years 2004 
     through 2008, and for the portion of fiscal year 2009 ending 
     before April 1, 2009,'' and inserting, ``fiscal years 2008 
     through 2012,''.

     SEC. 143. USE OF APPORTIONED AMOUNTS.

       Section 47117(e)(1)(A) is amended--
       (1) in the first sentence--
       (A) by striking ``35 percent'' and inserting 
     ``$300,000,000'';
       (B) by striking ``and'' after ``47141,''; and
       (C) by inserting before the period at the end the 
     following: ``, and for water quality mitigation projects to 
     comply with the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) as approved in an environmental record 
     of decision for an airport development project under this 
     title''; and

[[Page H5934]]

       (2) in the second sentence by striking ``such 35 percent 
     requirement is'' and inserting ``the requirements of the 
     preceding sentence are''.

     SEC. 144. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.

       (a) In General.--Section 47133(b) is amended--
       (1) by striking ``Subsection (a) shall not apply if'' and 
     inserting the following:
       ``(1) Prior laws and agreements.--Subsection (a) shall not 
     apply if''; and
       (2) by adding at the end the following:
       ``(2) Sale of private airport to public sponsor.--In the 
     case of a privately owned airport, subsection (a) shall not 
     apply to the proceeds from the sale of the airport to a 
     public sponsor if--
       ``(A) the sale is approved by the Secretary;
       ``(B) funding is provided under this subtitle for any 
     portion of the public sponsor's acquisition of airport land; 
     and
       ``(C) an amount equal to the remaining unamortized portion 
     of any airport improvement grant made to that airport for 
     purposes other than land acquisition, amortized over a 20-
     year period, plus an amount equal to the Federal share of the 
     current fair market value of any land acquired with an 
     airport improvement grant made to that airport on or after 
     October 1, 1996, is repaid to the Secretary by the private 
     owner.
       ``(3) Treatment of repayments.--Repayments referred to in 
     paragraph (2)(C) shall be treated as a recovery of prior year 
     obligations.''.
       (b) Applicability to Grants.--The amendments made by 
     subsection (a) shall apply to grants issued on or after 
     October 1, 1996.

     SEC. 145. AIRPORT PRIVATIZATION PILOT PROGRAM.

       (a) Approval Requirements.--Section 47134 is amended in 
     subsections (b)(1)(A)(i), (b)(1)(A)(ii), (c)(4)(A), and 
     (c)(4)(B) by striking ``65 percent'' each place it appears 
     and inserting ``75 percent''.
       (b) Prohibition on Receipt of Funds.--
       (1) Section 47134.--Section 47134 is amended by adding at 
     the end the following:
       ``(n) Prohibition on Receipt of Certain Funds.--An airport 
     receiving an exemption under subsection (b) shall be 
     prohibited from receiving apportionments under section 47114 
     or discretionary funds under section 47115.''.
       (2) Conforming amendments.--Section 47134(g) is amended--
       (A) in the subsection heading by striking 
     ``Apportionments;'';
       (B) in paragraph (1) by striking the semicolon at the end 
     and inserting ``; or'';
       (C) by striking paragraph (2); and
       (D) by redesignating paragraph (3) as paragraph (2).
       (c) Federal Share of Project Costs.--Section 47109(a) is 
     amended--
       (1) by striking the semicolon at the end of paragraph (3) 
     and inserting ``; and'';
       (2) by striking paragraph (4); and
       (3) by redesignating paragraph (5) as paragraph (4).

     SEC. 146. AIRPORT SECURITY PROGRAM.

       (a) General Authority.--Section 47137(a) is amended by 
     inserting ``, in consultation with the Secretary of Homeland 
     Security,'' after ``Transportation''.
       (b) Implementation.--Section 47137(b) is amended to read as 
     follows:
       ``(b) Implementation.--
       ``(1) In general.--In carrying out this section, the 
     Secretary of Transportation shall provide funding through a 
     grant, contract, or another agreement described in section 
     106(l)(6) to a nonprofit consortium that--
       ``(A) is composed of public and private persons, including 
     an airport sponsor; and
       ``(B) has at least 10 years of demonstrated experience in 
     testing and evaluating anti-terrorist technologies at 
     airports.
       ``(2) Project selection.--The Secretary shall select 
     projects under this subsection that--
       ``(A) evaluate and test the benefits of innovative aviation 
     security systems or related technology, including explosives 
     detection systems, for the purpose of improving aviation and 
     aircraft physical security, access control, and passenger and 
     baggage screening; and
       ``(B) provide testing and evaluation of airport security 
     systems and technology in an operational, testbed 
     environment.''.
       (c) Matching Share.--Section 47137(c) is amended by 
     inserting after ``section 47109'' the following: ``or any 
     other provision of law''.
       (d) Administration.--Section 47137(e) is amended by adding 
     at the end the following: ``The Secretary may enter into an 
     agreement in accordance with section 106(m) to provide for 
     the administration of any project under the program.''.
       (e) Eligible Sponsor.--Section 47137 is amended by striking 
     subsection (f) and redesignating subsection (g) as subsection 
     (f).
       (f) Authorization of Appropriations.--Section 47137(f) (as 
     so redesignated) is amended by striking ``$5,000,000'' and 
     inserting ``$8,500,000''.

     SEC. 147. SUNSET OF PILOT PROGRAM FOR PURCHASE OF AIRPORT 
                   DEVELOPMENT RIGHTS.

       Section 47138 is amended by adding at the end the 
     following:
       ``(f) Sunset.--This section shall not be in effect after 
     September 30, 2008.''.

     SEC. 148. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND 
                   USE PLANNING AND PROJECTS BY STATE AND LOCAL 
                   GOVERNMENTS.

       Section 47141(f) is amended by striking ``March 31, 2009'' 
     and inserting ``September 30, 2012''.

     SEC. 149. REPEAL OF LIMITATIONS ON METROPOLITAN WASHINGTON 
                   AIRPORTS AUTHORITY.

       Section 49108, and the item relating to such section in the 
     analysis for chapter 491, are repealed.

     SEC. 150. MIDWAY ISLAND AIRPORT.

       Section 186(d) of the Vision 100--Century of Aviation 
     Reauthorization Act (117 Stat. 2518) is amended by striking 
     ``for fiscal years ending before October 1, 2008, and for the 
     portion of fiscal year 2009 ending before April 1, 2009,'' 
     and inserting ``October 1, 2012,''.

     SEC. 151. PUERTO RICO MINIMUM GUARANTEE.

       Section 47114(e) is amended--
       (1) in the subsection heading by inserting ``and Puerto 
     Rico'' after ``Alaska''; and
       (2) by adding at the end the following:
       ``(5) Puerto rico minimum guarantee.--In any fiscal year in 
     which the total amount apportioned to airports in Puerto Rico 
     under subsections (c) and (d) is less than 1.5 percent of the 
     total amount apportioned to all airports under subsections 
     (c) and (d), the Secretary shall apportion to the Puerto Rico 
     Ports Authority for airport development projects in such 
     fiscal year an amount equal to the difference between 1.5 
     percent of the total amounts apportioned under subsections 
     (c) and (d) in such fiscal year and the amount otherwise 
     apportioned under subsections (c) and (d) to airports in 
     Puerto Rico in such fiscal year.''.

     SEC. 152. MISCELLANEOUS AMENDMENTS.

       (a) Technical Changes to National Plan of Integrated 
     Airport Systems.--Section 47103 is amended--
       (1) in subsection (a)--
       (A) by striking ``each airport to--'' and inserting ``the 
     airport system to--'';
       (B) in paragraph (1) by striking ``system in the particular 
     area;'' and inserting ``system, including connection to the 
     surface transportation network; and'';
       (C) in paragraph (2) by striking ``; and'' and inserting a 
     period; and
       (D) by striking paragraph (3);
       (2) in subsection (b)--
       (A) in paragraph (1) by striking the semicolon and 
     inserting ``; and'';
       (B) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2); and
       (C) in paragraph (2) (as so redesignated) by striking ``, 
     Short Takeoff and Landing/Very Short Takeoff and Landing 
     aircraft operations,''; and
       (3) in subsection (d) by striking ``status of the''.
       (b) Update Veterans Preference Definition.--Section 
     47112(c) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B) by striking ``separated from'' and 
     inserting ``discharged or released from active duty in''; and
       (B) by adding at the end the following:
       ``(C) `Afghanistan-Iraq war veteran' means an individual 
     who served on active duty (as defined by section 101 of title 
     38) in the Armed Forces for a period of more than 180 
     consecutive days, any part of which occurred during the 
     period beginning on September 11, 2001, and ending on the 
     date prescribed by presidential proclamation or by law as the 
     last date of Operation Iraqi Freedom, and who was separated 
     from the Armed Forces under honorable conditions.''; and
       (2) in paragraph (2) by striking ``veterans and'' and 
     inserting ``veterans, Afghanistan-Iraq war veterans, and''.
       (c) Consolidation of Terminal Development Provisions.--
     Section 47119 is amended--
       (1) by redesignating subsections (a), (b), (c), and (d) as 
     subsections (b), (c), (d), and (e), respectively; and
       (2) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Terminal Development Projects.--
       ``(1) In general.--The Secretary may approve a project for 
     terminal development (including multimodal terminal 
     development) in a nonrevenue-producing public-use area of a 
     commercial service airport--
       ``(A) if the sponsor certifies that the airport, on the 
     date the grant application is submitted to the Secretary, 
     has--
       ``(i) all the safety equipment required for certification 
     of the airport under section 44706;
       ``(ii) all the security equipment required by regulation; 
     and
       ``(iii) provided for access by passengers to the area of 
     the airport for boarding or exiting aircraft that are not air 
     carrier aircraft;
       ``(B) if the cost is directly related to moving passengers 
     and baggage in air commerce within the airport, including 
     vehicles for moving passengers between terminal facilities 
     and between terminal facilities and aircraft; and
       ``(C) under terms necessary to protect the interests of the 
     Government.
       ``(2) Project in revenue-producing areas and nonrevenue-
     producing parking lots.--In making a decision under paragraph 
     (1), the Secretary may approve as allowable costs the 
     expenses of terminal development in a revenue-producing area 
     and construction, reconstruction, repair, and improvement in 
     a nonrevenue-producing parking lot if--
       ``(A) except as provided in section 47108(e)(3), the 
     airport does not have more than .05 percent of the total 
     annual passenger boardings in the United States; and
       ``(B) the sponsor certifies that any needed airport 
     development project affecting safety, security, or capacity 
     will not be deferred because of the Secretary's approval.'';
       (3) in paragraphs (3) and (4)(A) of subsection (b) (as 
     redesignated by paragraph (1)

[[Page H5935]]

     of this subsection) by striking ``section 47110(d)'' and 
     inserting ``subsection (a)'';
       (4) in paragraph (5) of subsection (b) (as redesignated by 
     paragraph (1) of this subsection) by striking ``subsection 
     (b)(1) and (2)'' and inserting ``subsections (c)(1) and 
     (c)(2)'';
       (5) in paragraphs (2)(A), (3), and (4) of subsection (c) 
     (as redesignated by paragraph (1) of this subsection) by 
     striking ``section 47110(d) of this title'' and inserting 
     ``subsection (a)'';
       (6) in paragraph (2)(B) of subsection (c) (as redesignated 
     by paragraph (1) of this subsection) by striking ``section 
     47110(d)'' and inserting ``subsection (a)'';
       (7) in subsection (c)(5) (as redesignated by paragraph (1) 
     of this subsection) by striking ``section 47110(d)'' and 
     inserting ``subsection (a)''; and
       (8) by adding at the end the following:
       ``(f) Limitation on Discretionary Funds.--The Secretary may 
     distribute not more than $20,000,000 from the discretionary 
     fund established under section 47115 for terminal development 
     projects at a nonhub airport or a small hub airport that is 
     eligible to receive discretionary funds under section 
     47108(e)(3).''.
       (d) Annual Report.--Section 47131(a) is amended--
       (1) by striking ``April 1'' and inserting ``June 1''; and
       (2) by striking paragraphs (1), (2), (3), and (4) and 
     inserting the following:
       ``(1) a summary of airport development and planning 
     completed;
       ``(2) a summary of individual grants issued;
       ``(3) an accounting of discretionary and apportioned funds 
     allocated;
       ``(4) the allocation of appropriations; and''.
       (e) Correction to Emission Credits Provision.--Section 
     47139 is amended--
       (1) in subsection (a) by striking ``47102(3)(F),''; and
       (2) in subsection (b)--
       (A) by striking ``47102(3)(F),''; and
       (B) by striking ``47103(3)(F),''.
       (f) Conforming Amendment to Civil Penalty Assessment 
     Authority.--Section 46301(d)(2) is amended by inserting 
     ``46319,'' after ``46318,''.
       (g) Other Conforming Amendments.--
       (1) Sections 40117(a)(3)(B) is amended by striking 
     ``section 47110(d)'' and inserting ``section 47119(a)''.
       (2) Section 47108(e)(3) is amended--
       (A) by striking ``section 47110(d)(2)'' and inserting 
     ``section 47119(a)''; and
       (B) by striking ``section 47110(d)'' and inserting 
     ``section 47119(a)''.
       (h) Correction to Surplus Property Authority.--Section 
     47151(e) is amended by striking ``(other than real property'' 
     and all that follows through ``(10 U.S.C. 2687 note))''.
       (i) Airport Capacity Benchmark Reports.--Section 47175(2) 
     is amended by striking ``Airport Capacity Benchmark Report 
     2001'' and inserting ``2001 and 2004 Airport Capacity 
     Benchmark Reports or table 1 of the Federal Aviation 
     Administration's most recent airport capacity benchmark 
     report''.

     SEC. 153. AIRPORT MASTER PLANS.

       Section 47101 is amended by adding at the end the 
     following:
       ``(i) Additional Goals for Airport Master Plans.--In 
     addition to the goals set forth in subsection (g)(2), the 
     Secretary shall encourage airport sponsors and State and 
     local officials, through Federal Aviation Administration 
     advisory circulars, to consider customer convenience, airport 
     ground access, and access to airport facilities in airport 
     master plans.''.

  TITLE II--NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC 
                         CONTROL MODERNIZATION

     SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) The United States faces a great national challenge as 
     the Nation's aviation infrastructure is at a crossroads.
       (2) The demand for aviation services, a critical element of 
     the United States economy, vital in supporting the quality of 
     life of the people of the United States, and critical in 
     support of the Nation's defense and national security, is 
     growing at an ever increasing rate. At the same time, the 
     ability of the United States air transportation system to 
     expand and change to meet this increasing demand is limited.
       (3) The aviation industry accounts for more than 11,000,000 
     jobs in the United States and contributes approximately 
     $741,000,000,000 annually to the United States gross domestic 
     product.
       (4) The United States air transportation system continues 
     to drive economic growth in the United States and will 
     continue to be a major economic driver as air traffic triples 
     over the next 20 years.
       (5) The Next Generation Air Transportation System (in this 
     section referred to as the ``NextGen System'') is the system 
     for achieving long-term transformation of the United States 
     air transportation system that focuses on developing and 
     implementing new technologies and that will set the stage for 
     the long-term development of a scalable and more flexible air 
     transportation system without compromising the unprecedented 
     safety record of United States aviation.
       (6) The benefits of the NextGen System, in terms of 
     promoting economic growth and development, are enormous.
       (7) The NextGen System will guide the path of the United 
     States air transportation system in the challenging years 
     ahead.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) modernizing the air transportation system is a national 
     priority and the United States must make a commitment to 
     revitalizing this essential component of the Nation's 
     transportation infrastructure;
       (2) one fundamental requirement for the success of the 
     NextGen System is strong leadership and sufficient resources;
       (3) the Joint Planning and Development Office of the 
     Federal Aviation Administration and the Next Generation Air 
     Transportation System Senior Policy Committee, each 
     established by Congress in 2003, will lead and facilitate 
     this important national mission to ensure that the programs 
     and capabilities of the NextGen System are carefully 
     integrated and aligned;
       (4) Government agencies and industry must work together, 
     carefully integrating and aligning their work to meet the 
     needs of the NextGen System in the development of budgets, 
     programs, planning, and research;
       (5) the Department of Transportation, the Federal Aviation 
     Administration, the Department of Defense, the Department of 
     Homeland Security, the Department of Commerce, and the 
     National Aeronautics and Space Administration must work in 
     cooperation and make transformational improvements to the 
     United States air transportation infrastructure a priority; 
     and
       (6) due to the critical importance of the NextGen System to 
     the economic and national security of the United States, 
     partner departments and agencies must be provided with the 
     resources required to complete the implementation of the 
     NextGen System.

     SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT 
                   PLANNING AND DEVELOPMENT OFFICE.

       (a) Establishment.--
       (1) Associate administrator for the next generation air 
     transportation system.--Section 709(a) of Vision 100--Century 
     of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 
     Stat. 2582) is amended--
       (A) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) The director of the Office shall be the Associate 
     Administrator for the Next Generation Air Transportation 
     System, who shall be appointed by the Administrator of the 
     Federal Aviation Administration. The Associate Administrator 
     shall report to the Administrator.''.
       (2) Responsibilities.--Section 709(a)(3) of such Act (as 
     redesignated by paragraph (1) of this subsection) is 
     amended--
       (A) in subparagraph (G) by striking ``; and'' and inserting 
     a semicolon;
       (B) in subparagraph (H) by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(I) establishing specific quantitative goals for the 
     safety, capacity, efficiency, performance, and environmental 
     impacts of each phase of Next Generation Air Transportation 
     System implementation activities and measuring actual 
     operational experience against those goals, taking into 
     account noise pollution reduction concerns of affected 
     communities to the greatest extent practicable in 
     establishing the environmental goals;
       ``(J) working to ensure global interoperability of the Next 
     Generation Air Transportation System;
       ``(K) working to ensure the use of weather information and 
     space weather information in the Next Generation Air 
     Transportation System as soon as possible;
       ``(L) overseeing, with the Administrator of the Federal 
     Aviation Administration, the selection of products or 
     outcomes of research and development activities that would be 
     moved to the next stage of a demonstration project; and
       ``(M) maintaining a baseline modeling and simulation 
     environment for testing and evaluating alternative concepts 
     to satisfy Next Generation Air Transportation enterprise 
     architecture requirements.''.
       (3) Cooperation with other federal agencies.--Section 
     709(a)(4) of such Act (as redesignated by paragraph (1) of 
     this subsection) is amended--
       (A) by striking ``(4)'' and inserting ``(4)(A)''; and
       (B) by adding at the end the following:
       ``(B) The Secretary of Defense, the Administrator of the 
     National Aeronautics and Space Administration, the Secretary 
     of Commerce, the Secretary of Homeland Security, and the head 
     of any other Federal agency from which the Secretary of 
     Transportation requests assistance under subparagraph (A) 
     shall designate a senior official in the agency to be 
     responsible for--
       ``(i) carrying out the activities of the agency relating to 
     the Next Generation Air Transportation System in coordination 
     with the Office, including the execution of all aspects of 
     the work of the agency in developing and implementing the 
     integrated work plan described in subsection (b)(5);
       ``(ii) serving as a liaison for the agency in activities of 
     the agency relating to the Next Generation Air Transportation 
     System and coordinating with other Federal agencies involved 
     in activities relating to the System; and

[[Page H5936]]

       ``(iii) ensuring that the agency meets its obligations as 
     set forth in any memorandum of understanding executed by or 
     on behalf of the agency relating to the Next Generation Air 
     Transportation System.
       ``(C) The head of a Federal agency referred to in 
     subparagraph (B) shall ensure that--
       ``(i) the responsibilities of the agency relating to the 
     Next Generation Air Transportation System are clearly 
     communicated to the senior official of the agency designated 
     under subparagraph (B); and
       ``(ii) the performance of the senior official in carrying 
     out the responsibilities of the agency relating to the Next 
     Generation Air Transportation System is reflected in the 
     official's annual performance evaluations and compensation.
       ``(D) The head of a Federal agency referred to in 
     subparagraph (B) shall--
       ``(i) establish or designate an office within the agency to 
     carry out its responsibilities under the memorandum of 
     understanding under the supervision of the designated 
     official; and
       ``(ii) ensure that the designated official has sufficient 
     budgetary authority and staff resources to carry out the 
     agency's Next Generation Air Transportation System 
     responsibilities as set forth in the integrated plan under 
     subsection (b).
       ``(E) Not later than 6 months after the date of enactment 
     of this subparagraph, the head of each Federal agency that 
     has responsibility for carrying out any activity under the 
     integrated plan under subsection (b) shall execute a 
     memorandum of understanding with the Office obligating that 
     agency to carry out the activity.''.
       (4) Coordination with omb.--Section 709(a) of such Act (117 
     Stat. 2582) is further amended by adding at the end the 
     following:
       ``(6)(A) The Office shall work with the Director of the 
     Office of Management and Budget to develop a process whereby 
     the Director will identify projects related to the Next 
     Generation Air Transportation System across the agencies 
     referred to in paragraph (4)(A) and consider the Next 
     Generation Air Transportation System as a unified, cross-
     agency program.
       ``(B) The Director, to the maximum extent practicable, 
     shall--
       ``(i) ensure that--
       ``(I) each Federal agency covered by the plan has 
     sufficient funds requested in the President's budget, as 
     submitted under section 1105(a) of title 31, United States 
     Code, for each fiscal year covered by the plan to carry out 
     its responsibilities under the plan; and
       ``(II) the development and implementation of the Next 
     Generation Air Transportation System remains on schedule;
       ``(ii) include, in the President's budget, a statement of 
     the portion of the estimated budget of each Federal agency 
     covered by the plan that relates to the activities of the 
     agency under the Next Generation Air Transportation System 
     initiative; and
       ``(iii) identify and justify as part of the President's 
     budget submission any inconsistencies between the plan and 
     amounts requested in the budget.
       ``(7) The Associate Administrator of the Next Generation 
     Air Transportation System shall be a voting member of the 
     Joint Resources Council of the Federal Aviation 
     Administration.''.
       (b) Integrated Plan.--Section 709(b) of such Act (117 Stat. 
     2583) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``meets air'' and inserting ``meets 
     anticipated future air''; and
       (B) by striking ``beyond those currently included in the 
     Federal Aviation Administration's operational evolution 
     plan'';
       (2) by striking ``and'' at the end of paragraph (3);
       (3) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(5) a multiagency integrated work plan for the Next 
     Generation Air Transportation System that includes--
       ``(A) an outline of the activities required to achieve the 
     end-state architecture, as expressed in the concept of 
     operations and enterprise architecture documents, that 
     identifies each Federal agency or other entity responsible 
     for each activity in the outline;
       ``(B) details on a year-by-year basis of specific 
     accomplishments, activities, research requirements, 
     rulemakings, policy decisions, and other milestones of 
     progress for each Federal agency or entity conducting 
     activities relating to the Next Generation Air Transportation 
     System;
       ``(C) for each element of the Next Generation Air 
     Transportation System, an outline, on a year-by-year basis, 
     of what is to be accomplished in that year toward meeting the 
     Next Generation Air Transportation System's end-state 
     architecture, as expressed in the concept of operations and 
     enterprise architecture documents, as well as identifying 
     each Federal agency or other entity that will be responsible 
     for each component of any research, development, or 
     implementation program;
       ``(D) an estimate of all necessary expenditures on a year-
     by-year basis, including a statement of each Federal agency 
     or entity's responsibility for costs and available resources, 
     for each stage of development from the basic research stage 
     through the demonstration and implementation phase;
       ``(E) a clear explanation of how each step in the 
     development of the Next Generation Air Transportation System 
     will lead to the following step and of the implications of 
     not successfully completing a step in the time period 
     described in the integrated work plan;
       ``(F) a transition plan for the implementation of the Next 
     Generation Air Transportation System that includes date-
     specific milestones for the implementation of new 
     capabilities into the national airspace system;
       ``(G) date-specific timetables for meeting the 
     environmental goals identified in subsection (a)(3)(I); and
       ``(H) a description of potentially significant operational 
     or workforce changes resulting from deployment of the Next 
     Generation Air Transportation System.''.
       (c) NextGen Implementation Plan.--Section 709(d) of such 
     Act (117 Stat. 2584) is amended to read as follows:
       ``(d) NextGen Implementation Plan.--The Administrator of 
     the Federal Aviation Administration shall develop and publish 
     annually the document known as the `NextGen Implementation 
     Plan', or any successor document, that provides a detailed 
     description of how the agency is implementing the Next 
     Generation Air Transportation System.''.
       (d) Authorization of Appropriations.--Section 709(e) of 
     such Act (117 Stat. 2584) is amended by striking ``2010'' and 
     inserting ``2012''.
       (e) Contingency Planning.--The Associate Administrator for 
     the Next Generation Air Transportation System shall, as part 
     of the design of the System, develop contingency plans for 
     dealing with the degradation of the System in the event of a 
     natural disaster, major equipment failure, or act of 
     terrorism.

     SEC. 203. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY 
                   COMMITTEE.

       (a) Meetings.--Section 710(a) of Vision 100--Century of 
     Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 
     2584) is amended by inserting before the period at the end 
     the following ``and shall meet at least twice each year''.
       (b) Annual Report.--Section 710 of such Act (117 Stat. 
     2584) is amended by adding at the end the following:
       ``(e) Annual Report.--
       ``(1) Submission to congress.--Not later than one year 
     after the date of enactment of this subsection, and annually 
     thereafter on the date of submission of the President's 
     budget request to Congress under section 1105(a) of title 31, 
     United States Code, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report summarizing the 
     progress made in carrying out the integrated work plan 
     required by section 709(b)(5) and any changes in that plan.
       ``(2) Contents.--The report shall include--
       ``(A) a copy of the updated integrated work plan;
       ``(B) a description of the progress made in carrying out 
     the integrated work plan and any changes in that plan, 
     including any changes based on funding shortfalls and 
     limitations set by the Office of Management and Budget;
       ``(C) a detailed description of--
       ``(i) the success or failure of each item of the integrated 
     work plan for the previous year and relevant information as 
     to why any milestone was not met; and
       ``(ii) the impact of not meeting the milestone and what 
     actions will be taken in the future to account for the 
     failure to complete the milestone;
       ``(D) an explanation of any change to future years in the 
     integrated work plan and the reasons for such change; and
       ``(E) an identification of the levels of funding for each 
     agency participating in the integrated work plan devoted to 
     programs and activities under the plan for the previous 
     fiscal year and in the President's budget request.''.

     SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST 
                   SERVICES.

       (a) Report on FAA Program and Schedule.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall prepare a report detailing the program 
     and schedule for integrating automatic dependent 
     surveillance-broadcast (in this section referred to as ``ADS-
     B'') technology into the national airspace system.
       (2) Contents.--The report shall include--
       (A) a description of segment 1 and segment 2 activity to 
     acquire ADS-B services;
       (B) a description of plans for implementation of advanced 
     operational procedures and ADS-B air-to-air applications; and
       (C) a detailed description of the protections that the 
     Administration will require as part of any contract or 
     program in the event of a contractor's default, bankruptcy, 
     acquisition by another entity, or any other event 
     jeopardizing the uninterrupted provision of ADS-B services.
       (3) Submission to congress.--Not later than 90 days after 
     the date of enactment of this Act, the Administrator shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate the 
     report prepared under paragraph (1).
       (b) Requirements of FAA Contracts for ADS-B Services.--Any 
     contract entered into by the Administrator with an entity to 
     acquire ADS-B services shall contain terms and conditions 
     that--
       (1) require approval by the Administrator before the 
     contract may be assigned to or assumed by another entity, 
     including any successor entity, subsidiary of the contractor, 
     or other corporate entity;

[[Page H5937]]

       (2) provide that the assets, equipment, hardware, and 
     software used in the performance of the contract be 
     designated as critical national infrastructure for national 
     security and related purposes;
       (3) require the contractor to provide continued broadcast 
     services for a reasonable period, as determined by the 
     Administrator, until the provision of such services can be 
     transferred to another vendor or to the Government in the 
     event of a termination of the contract;
       (4) require the contractor to provide continued broadcast 
     services for a reasonable period, as determined by the 
     Administrator, until the provision of such services can be 
     transferred to another vendor or to the Government in the 
     event of material nonperformance, as determined by the 
     Administrator; and
       (5) permit the Government to acquire or utilize for a 
     reasonable period, as determined by the Administrator, the 
     assets, equipment, hardware, and software necessary to ensure 
     the continued and uninterrupted provision of ADS-B services 
     and to have ready access to such assets, equipment, hardware, 
     and software through its own personnel, agents, or others, if 
     the Administrator provides reasonable compensation for such 
     acquisition or utilization.
       (c) Review by DOT Inspector General.--
       (1) In general.--The Inspector General of the Department of 
     Transportation shall conduct a review concerning the Federal 
     Aviation Administration's award and oversight of any contract 
     entered into by the Administration to provide ADS-B services 
     for the national airspace system.
       (2) Contents.--The review shall include, at a minimum--
       (A) an examination of how program risks are being managed;
       (B) an assessment of expected benefits attributable to the 
     deployment of ADS-B services, including the implementation of 
     advanced operational procedures and air-to-air applications 
     as well as to the extent to which ground radar will be 
     retained;
       (C) a determination of whether the Administration has 
     established sufficient mechanisms to ensure that all design, 
     acquisition, operation, and maintenance requirements have 
     been met by the contractor;
       (D) an assessment of whether the Administration and any 
     contractors are meeting cost, schedule, and performance 
     milestones, as measured against the original baseline of the 
     Administration's program for providing ADS-B services;
       (E) an assessment of whether security issues are being 
     adequately addressed in the overall design and implementation 
     of the ADS-B system; and
       (F) any other matters or aspects relating to contract 
     implementation and oversight that the Inspector General 
     determines merit attention.
       (3) Reports to congress.--The Inspector General shall 
     periodically, on at least an annual basis, submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the review conducted under this subsection.

     SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL 
                   MODERNIZATION PROJECTS.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall establish a process for including in the 
     planning, development, and deployment of air traffic control 
     modernization projects (including the Next Generation Air 
     Transportation System) and collaborating with qualified 
     employees selected by each exclusive collective bargaining 
     representative of employees of the Administration who are 
     likely to be impacted by such planning, development, and 
     deployment.
       (b) Participation.--
       (1) Bargaining obligations and rights.--Participation in 
     the process described in subsection (a) shall not be 
     construed as a waiver of any bargaining obligations or rights 
     under section 40122(a)(1) or 40122(g)(2)(C) of title 49, 
     United States Code.
       (2) Capacity and compensation.--Exclusive collective 
     bargaining representatives and selected employees 
     participating in the process described in subsection (a) 
     shall--
       (A) serve in a collaborative and advisory capacity; and
       (B) receive appropriate travel and per diem expenses in 
     accordance with the travel policies of the Administration in 
     addition to any regular compensation and benefits.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the 
     implementation of this section.

     SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH 
                   TRANSFORMING TO THE NEXT GENERATION AIR 
                   TRANSPORTATION SYSTEM.

       (a) In General.--The Comptroller General shall conduct a 
     review of the progress and challenges associated with 
     transforming the Nation's air traffic control system into the 
     Next Generation Air Transportation System (in this section 
     referred to as the ``NextGen System'').
       (b) Review.--The review shall include the following:
       (1) An evaluation of the continued implementation and 
     institutionalization of the processes that are key to the 
     ability of the Air Traffic Organization to effectively 
     maintain management structures and systems acquisitions 
     procedures utilized under the current air traffic control 
     modernization program as a basis for the NextGen System.
       (2) An assessment of the progress and challenges associated 
     with collaboration and contributions of the partner agencies 
     working with the Joint Planning and Development Office of the 
     Federal Aviation Administration (in this section referred to 
     as the ``JPDO'') in planning and implementing the NextGen 
     System.
       (3) The progress and challenges associated with 
     coordinating government and industry stakeholders in 
     activities relating to the NextGen System, including an 
     assessment of the contributions of the NextGen Institute.
       (4) An assessment of planning and implementation of the 
     NextGen System against established schedules, milestones, and 
     budgets.
       (5) An evaluation of the recently modified organizational 
     structure of the JPDO.
       (6) An examination of transition planning by the Air 
     Traffic Organization and the JPDO.
       (7) Any other matters or aspects of planning and 
     coordination of the NextGen System by the Federal Aviation 
     Administration and the JPDO that the Comptroller General 
     determines appropriate.
       (c) Reports.--
       (1) Report to congress on priorities.--Not later than one 
     year after the date of enactment of this Act, the Comptroller 
     General shall determine the priority of topics to be reviewed 
     under this section and report such priorities to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       (2) Periodic reports to congress on results of the 
     review.--The Comptroller General shall periodically submit to 
     the committees referred to in paragraph (1) a report on the 
     results of the review conducted under this section.

     SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANSPORTATION 
                   SYSTEM ACQUISITION AND PROCEDURES DEVELOPMENT.

       (a) Study.--The Comptroller General shall conduct a review 
     of the progress made and challenges related to the 
     acquisition of designated technologies and the development of 
     procedures for the Next Generation Air Transportation System 
     (in this section referred to as the ``NextGen System'').
       (b) Specific Systems Review.--The review shall include, at 
     a minimum, an examination of the acquisition costs, schedule, 
     and other relevant considerations for the following systems:
       (1) En Route Automation Modernization (ERAM).
       (2) Standard Terminal Automation Replacement System/Common 
     Automated Radar Terminal System (STARS/CARTS).
       (3) Automatic Dependent Surveillance-Broadcast (ADS-B).
       (4) System Wide Information Management (SWIM).
       (5) Traffic Flow Management Modernization (TFM-M).
       (c) Review.--The review shall include, at a minimum, an 
     assessment of the progress and challenges related to the 
     development of standards, regulations, and procedures that 
     will be necessary to implement the NextGen System, including 
     required navigation performance, area navigation, the 
     airspace management program, and other programs and 
     procedures that the Comptroller General identifies as 
     relevant to the transformation of the air traffic system.
       (d) Periodic Reports to Congress on Results of the 
     Review.--The Comptroller General shall periodically submit to 
     the Committee on Transportation and Infrastructure and the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the results of the 
     review conducted under this section.

     SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPERATIONAL AND 
                   APPROACH PROCEDURES BY A THIRD PARTY.

       (a) Review.--The Inspector General of the Department of 
     Transportation shall conduct a review regarding the 
     effectiveness of the oversight activities conducted by the 
     Federal Aviation Administration in connection with any 
     agreement with or delegation of authority to a third party 
     for the development of flight procedures, including public 
     use procedures, for the national airspace system.
       (b) Assessments.--The Inspector General shall include, at a 
     minimum, in the review--
       (1) an assessment of the extent to which the Federal 
     Aviation Administration is relying or intends to rely on a 
     third party for the development of new procedures and a 
     determination of whether the Administration has established 
     sufficient mechanisms and staffing to provide safety 
     oversight functions, which may include quality assurance 
     processes, flight checks, integration of procedures into the 
     National Aviation System, and operational assessments of 
     procedures developed by third parties; and
       (2) an assessment regarding whether the Administration has 
     sufficient existing personnel and technical resources or 
     mechanisms to develop such flight procedures in a safe and 
     efficient manner to meet the demands of the national airspace 
     system without the use of third party resources.

[[Page H5938]]

       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Inspector General shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the review conducted under this section, including 
     the assessments described in subsection (b).

     SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXT 
                   GENERATION AIR TRANSPORTATION SYSTEM.

       (a) Review.--The Administrator of the Federal Aviation 
     Administration shall enter into an arrangement with the 
     National Research Council to review the enterprise 
     architecture for the Next Generation Air Transportation 
     System.
       (b) Contents.--At a minimum, the review to be conducted 
     under subsection (a) shall--
       (1) highlight the technical activities, including human-
     system design, organizational design, and other safety and 
     human factor aspects of the system, that will be necessary to 
     successfully transition current and planned modernization 
     programs to the future system envisioned by the Joint 
     Planning and Development Office of the Administration;
       (2) assess technical, cost, and schedule risk for the 
     software development that will be necessary to achieve the 
     expected benefits from a highly automated air traffic 
     management system and the implications for ongoing 
     modernization projects; and
       (3) include judgments on how risks with automation efforts 
     for the Next Generation Air Transportation System can be 
     mitigated based on the experiences of other public or private 
     entities in developing complex, software-intensive systems.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report containing the results of the review 
     conducted pursuant to subsection (a).

     SEC. 210. NEXTGEN TECHNOLOGY TESTBED.

       Of amounts appropriated under section 48101(a) of title 49, 
     United States Code, the Administrator of the Federal Aviation 
     Administration shall use such sums as may be necessary for 
     each of the fiscal years 2009 through 2012 to contribute to 
     the establishment by a public-private partnership (including 
     a university component with significant aviation expertise in 
     air traffic management, simulation, meteorology, and 
     engineering and aviation business) an airport-based testing 
     site for existing Next Generation Air Transport System 
     technologies. The Administrator shall ensure that next 
     generation air traffic control integrated systems developed 
     by private industries are installed at the site for 
     demonstration, operational research, and evaluation by the 
     Administration. The testing site shall serve a mix of general 
     aviation and commercial traffic.

     SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO 
                   REIMBURSABLE AGREEMENTS.

       Section 106(m) is amended in the last sentence by inserting 
     ``with or'' before ``without reimbursement''.

     SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY.

       Section 40102(a)(4) is amended--
       (1) by redesignating subparagraph (D) as subparagraph (E);
       (2) by striking subparagraphs (B) and (C) and inserting the 
     following:
       ``(B) runway lighting and airport surface visual and other 
     navigation aids;
       ``(C) aeronautical and meteorological information to air 
     traffic control facilities or aircraft;
       ``(D) communication, navigation, or surveillance equipment 
     for air-to-ground or air-to-air applications;'';
       (3) in subparagraph (E) (as redesignated by paragraph (1) 
     of this section)--
       (A) by striking ``another structure'' and inserting ``any 
     structure, equipment,''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (4) by adding at the end the following:
       ``(F) buildings, equipment, and systems dedicated to the 
     national airspace system.''.

     SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

       Section 40110(a)(2) is amended by striking ``compensation'' 
     and inserting ``compensation, and the amount received shall 
     be credited as an offsetting collection to the account from 
     which the amount was expended and shall remain available 
     until expended''.

     SEC. 214. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

       Section 40110(c) is amended--
       (1) by striking the semicolon at the end of paragraph (3) 
     and inserting ``; and'';
       (2) by striking paragraph (4); and
       (3) by redesignating paragraph (5) as paragraph (4).

     SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

       Section 40113(e) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``public and private'' before ``foreign 
     aviation authorities''; and
       (B) by striking the period at the end of the first sentence 
     and inserting ``or efficiency. The Administrator may 
     participate in, and submit offers in response to, 
     competitions to provide such services and may contract with 
     foreign aviation authorities to provide such services 
     consistent with section 106(l)(6). Notwithstanding any other 
     provision of law or policy, the Administrator may accept 
     payments received under this subsection in arrears.''; and
       (2) in paragraph (3) by striking ``credited'' and all that 
     follows through the period at the end and inserting 
     ``credited as an offsetting collection to the account from 
     which the expenses were incurred in providing such services 
     and shall remain available until expended.''.

     SEC. 216. FRONT LINE MANAGER STAFFING.

       (a) Study.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a study on front line 
     manager staffing requirements in air traffic control 
     facilities.
       (b) Considerations.--In conducting the study, the 
     Administrator shall take into consideration--
       (1) the number of supervisory positions of operation 
     requiring watch coverage in each air traffic control 
     facility;
       (2) coverage requirements in relation to traffic demand;
       (3) facility type;
       (4) complexity of traffic and managerial responsibilities;
       (5) proficiency and training requirements; and
       (6) such other factors as the Administrator considers 
     appropriate.
       (c) Determinations.--The Administrator shall transmit any 
     determinations made as a result of the study to the Chief 
     Operating Officer for the air traffic control system.
       (d) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study and a description of any determinations submitted 
     to the Chief Operating Officer under subsection (c).

     SEC. 217. FLIGHT SERVICE STATIONS.

       (a) Establishment of Monitoring System.--Not later than 60 
     days after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     develop and implement a monitoring system for flight service 
     specialist staffing and training under service contracts for 
     flight service stations.
       (b) Components.--At a minimum, the monitoring system shall 
     include mechanisms to monitor--
       (1) flight specialist staffing plans for individual 
     facilities;
       (2) actual staffing levels for individual facilities;
       (3) the initial and recurrent certification and training of 
     flight service specialists on the safety, operational, and 
     technological aspects of flight services, including any 
     certification and training necessary to meet user demand; and
       (4) system outages, excessive hold times, dropped calls, 
     poor quality briefings, and any other safety or customer 
     service issues under a contract for flight service station 
     services.
       (c) Report to Congress.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report 
     containing--
       (1) a description of monitoring system;
       (2) if the Administrator determines that contractual 
     changes or corrective actions are required for the 
     Administration to ensure that the vendor under a contract for 
     flight service station services provides safe and high 
     quality service to consumers, a description of the changes or 
     actions required; and
       (3) a description of the contingency plans of the 
     Administrator and the protections that the Administrator will 
     have in place to provide uninterrupted flight service station 
     services in the event of--
       (A) material non-performance of the contract;
       (B) a vendor's default, bankruptcy, or acquisition by 
     another entity; or
       (C) any other event that could jeopardize the uninterrupted 
     provision of flight service station services.

     SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF 
                   EXCELLENCE.

       (a) Establishment.--Of the amount appropriated under 
     section 48101(a) of title 49, United States Code, the 
     Administrator of the Federal Aviation Administration shall 
     use such sums as may be necessary for each of fiscal years 
     2009 through 2012 to contribute to the establishment of a 
     center of excellence for the research and development of Next 
     Generation Air Transportation System technologies.
       (b) Functions.--The center established under subsection (a) 
     shall--
       (1) leverage the centers of excellence program of the 
     Federal Aviation Administration, as well as other resources 
     and partnerships, to enhance the development of Next 
     Generation Air Transportation System technologies within 
     academia and industry; and
       (2) provide educational, technical, and analytical 
     assistance to the Federal Aviation Administration and other 
     Federal agencies with responsibilities to research and 
     develop Next Generation Air Transportation System 
     technologies.

     SEC. 219. AIRSPACE REDESIGN.

       (a) Findings.--Congress finds the following:
       (1) The airspace redesign efforts of the Federal Aviation 
     Administration will play a critical near-term role in 
     enhancing capacity, reducing delays, transitioning to more

[[Page H5939]]

     flexible routing, and ultimately saving money in fuel costs 
     for airlines and airspace users.
       (2) The critical importance of airspace redesign efforts is 
     underscored by the fact that they are highlighted in 
     strategic plans of the Administration, including Flight Plan 
     2009-2013 and the document known as the ``NextGen 
     Implementation Plan''.
       (3) Funding cuts have led to delays and deferrals of 
     critical capacity enhancing airspace redesign efforts.
       (4) Several new runways planned for the period of fiscal 
     years 2009 to 2012 will not provide estimated capacity 
     benefits without additional funds.
       (b) Authorization of Appropriations.--In addition to 
     amounts authorized by section 106(k) of title 49, United 
     States Code, there are authorized to be appropriated to the 
     Administrator of the Federal Aviation Administration 
     $14,500,000 for fiscal year 2009 and $20,000,000 for each of 
     fiscal years 2010, 2011, and 2012 to carry out such airspace 
     redesign initiatives as the Administrator determines 
     appropriate.
       (c) Additional Amounts.--Of the amounts appropriated under 
     section 48101(a) of such title, the Administrator may use 
     $5,000,000 for each of fiscal years 2009, 2010, 2011, and 
     2012 to carry out such airspace redesign initiatives as the 
     Administrator determines appropriate.

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

     SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.

       (a) Judicial Review of NTSB Decisions.--Section 44703(d) is 
     amended by adding at the end the following:
       ``(3) Judicial review.--A person who is substantially 
     affected by an order of the Board under this subsection, or 
     the Administrator if the Administrator decides that an order 
     of the Board will have a significant adverse impact on 
     carrying out this subtitle, may seek judicial review of the 
     order under section 46110. The Administrator shall be made a 
     party to the judicial review proceedings. The findings of 
     fact of the Board in any such case are conclusive if 
     supported by substantial evidence.''.
       (b) Conforming Amendment.--Section 1153(c) is amended by 
     striking ``section 44709 or'' and inserting ``section 
     44703(d), 44709, or''.

     SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE 
                   CERTIFICATES AND SUPPLEMENTAL TYPE 
                   CERTIFICATES.

       (a) Release of Data.--Section 44704(a) is amended by adding 
     at the end the following:
       ``(5) Release of data.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Administrator may make available upon request to a 
     person seeking to maintain the airworthiness of an aircraft, 
     engine, propeller, or appliance, engineering data in the 
     possession of the Administration relating to a type 
     certificate or a supplemental type certificate for such 
     aircraft, engine, propeller, or appliance, without the 
     consent of the owner of record, if the Administrator 
     determines that--
       ``(i) the certificate containing the requested data has 
     been inactive for 3 or more years;
       ``(ii) after using due diligence, the Administrator is 
     unable to find the owner of record, or the owner of record's 
     heir, of the type certificate or supplemental certificate; 
     and
       ``(iii) making such data available will enhance aviation 
     safety.
       ``(B) Engineering data defined.--In this section, the term 
     `engineering data' as used with respect to an aircraft, 
     engine, propeller, or appliance means type design drawing and 
     specifications for the entire aircraft, engine, propeller, or 
     appliance or change to the aircraft, engine, propeller, or 
     appliance, including the original design data, and any 
     associated supplier data for individual parts or components 
     approved as part of the particular certificate for the 
     aircraft engine, propeller, or appliance.''.
       (b) Design Organization Certificates.--Section 44704(e)(1) 
     is amended by striking ``Beginning 7 years after the date of 
     enactment of this subsection,'' and inserting ``Beginning 
     January 1, 2014,''.

     SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS.

       (a) In General.--Chapter 447 is amended by adding at the 
     end the following:

     ``Sec. 44730. Inspection of foreign repair stations

       ``Not later than one year after the date of enactment of 
     this section, and annually thereafter, the Administrator of 
     the Federal Aviation Administration shall--
       ``(1) submit to Congress a certification that each foreign 
     repair station that is certified by the Administrator under 
     part 145 of title 14, Code of Federal Regulations, and 
     performs work on air carrier aircraft or components has been 
     inspected by safety inspectors of the Administration not 
     fewer than 2 times in the preceding calendar year; and
       ``(2) modify the certification requirements under such part 
     to include testing for the use of alcohol or a controlled 
     substance in accordance with section 45102 of any individual 
     performing a safety-sensitive function at a foreign aircraft 
     repair station, including an individual working at a station 
     of a third-party with whom an air carrier contracts to 
     perform work on air carrier aircraft or components.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``44730. Inspection of foreign repair stations.''.

     SEC. 304. RUNWAY SAFETY.

       (a) Strategic Runway Safety Plan.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall develop and submit to Congress 
     a report containing a strategic runway safety plan.
       (2) Contents of plan.--The strategic runway safety plan--
       (A) shall include, at a minimum--
       (i) goals to improve runway safety;
       (ii) near- and longer-term actions designed to reduce the 
     severity, number, and rate of runway incursions;
       (iii) timeframes and resources needed for the actions 
     described in clause (ii); and
       (iv) a continuous evaluative process to track performance 
     toward the goals referred to in clause (i); and
       (B) shall address the increased runway safety risk 
     associated with the expected increased volume of air traffic.
       (b) Plan for Installation and Deployment of Systems To 
     Provide Alerts of Potential Runway Incursions.--Not later 
     than December 31, 2009, the Administrator of the Federal 
     Aviation Administration shall submit to Congress a report 
     containing a plan for the installation and deployment of 
     systems the Administration is installing to alert controllers 
     or flight crews, or both, of potential runway incursions. The 
     plan shall be integrated into the annual NextGen 
     Implementation Plan document of the Administration or any 
     successor document.

     SEC. 305. IMPROVED PILOT LICENSES.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall begin to issue improved pilot 
     licenses consistent with the requirements of title 49, United 
     States Code, and title 14, Code of Federal Regulations.
       (b) Requirements.--Improved pilots licenses issued under 
     subsection (a) shall--
       (1) be resistant to tampering, alteration, and 
     counterfeiting;
       (2) include a photograph of the individual to whom the 
     license is issued; and
       (3) be capable of accommodating a digital photograph, a 
     biometric identifier, or any other unique identifier that the 
     Administrator considers necessary.
       (c) Tampering.--To the extent practical, the Administrator 
     shall develop methods to determine or reveal whether any 
     component or security feature of a license issued under 
     subsection (a) has been tampered, altered, or counterfeited.
       (d) Use of Designees.--The Administrator may use designees 
     to carry out subsection (a) to the extent feasible in order 
     to minimize the burdens on pilots.
       (e) Report.--Not later than 9 months after the date of 
     enactment of this Act and every 6 months thereafter until 
     September 30, 2012, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the issuance of 
     improved pilot licenses under this section.

     SEC. 306. FLIGHT CREW FATIGUE.

       (a) In General.--Not later than 3 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall conclude arrangements with the 
     National Academy of Sciences for a study of pilot fatigue.
       (b) Study.--The study shall include consideration of--
       (1) research on pilot fatigue, sleep, and circadian 
     rhythms;
       (2) sleep and rest requirements of pilots recommended by 
     the National Aeronautics and Space Administration and the 
     National Transportation Safety Board; and
       (3) Federal Aviation Administration and international 
     standards regarding flight limitations and rest for pilots.
       (c) Report.--Not later than 18 months after initiating the 
     study, the National Academy of Sciences shall submit to the 
     Administrator a report containing its findings and 
     recommendations regarding the study under subsections (a) and 
     (b), including recommendations with respect to Federal 
     Aviation Administration regulations governing flight time 
     limitations and rest requirements for pilots.
       (d) Rulemaking.--After the Administrator receives the 
     report of the National Academy of Sciences, the Administrator 
     shall consider the findings in the report and update as 
     appropriate based on scientific data Federal Aviation 
     Administration regulations governing flight time limitations 
     and rest requirements for pilots.
       (e) Flight Attendant Fatigue.--
       (1) Study.--The Administrator, acting through the Civil 
     Aerospace Medical Institute, shall conduct a study on the 
     issue of flight attendant fatigue.
       (2) Contents.--The study shall include the following:
       (A) A survey of field operations of flight attendants.
       (B) A study of incident reports regarding flight attendant 
     fatigue.
       (C) Field research on the effects of such fatigue.
       (D) A validation of models for assessing flight attendant 
     fatigue.
       (E) A review of international policies and practices 
     regarding flight limitations and rest of flight attendants.

[[Page H5940]]

       (F) An analysis of potential benefits of training flight 
     attendants regarding fatigue.
       (3) Report.--Not later than June 30, 2010, the 
     Administrator shall submit to Congress a report on the 
     results of the study.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 307. OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR FLIGHT 
                   ATTENDANTS ON BOARD AIRCRAFT.

       (a) In General.--Chapter 447 (as amended by section 303 of 
     this Act) is further amended by adding at the end the 
     following:

     ``Sec. 44731. Occupational safety and health standards for 
       flight attendants on board aircraft

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration shall prescribe and enforce standards 
     and regulations to ensure the occupational safety and health 
     of individuals serving as flight attendants in the cabin of 
     an aircraft of an air carrier.
       ``(b) Standards and Regulations.--Standards and regulations 
     issued under this section shall require each air carrier 
     operating an aircraft in air transportation--
       ``(1) to provide for an environment in the cabin of the 
     aircraft that is free from hazards that could cause physical 
     harm to a flight attendant working in the cabin; and
       ``(2) to meet minimum standards for the occupational safety 
     and health of flight attendants who work in the cabin of the 
     aircraft.
       ``(c) Rulemaking.--In carrying out this section, the 
     Administrator shall conduct a rulemaking proceeding to 
     address, at a minimum, the following areas:
       ``(1) Record keeping.
       ``(2) Blood borne pathogens.
       ``(3) Noise.
       ``(4) Sanitation.
       ``(5) Hazard communication.
       ``(6) Anti-discrimination.
       ``(7) Access to employee exposure and medical records.
       ``(8) Temperature standards for the aircraft cabin.
       ``(d) Regulations.--
       ``(1) Deadline.--Not later than 3 years after the date of 
     enactment of this section, the Administrator shall issue 
     final regulations to carry out this section.
       ``(2) Contents.--Regulations issued under this subsection 
     shall address each of the issues identified in subsection (c) 
     and others aspects of the environment of an aircraft cabin 
     that may cause illness or injury to a flight attendant 
     working in the cabin.
       ``(3) Employer actions to address occupational safety and 
     health hazards.--Regulations issued under this subsection 
     shall set forth clearly the circumstances under which an air 
     carrier is required to take action to address occupational 
     safety and health hazards.
       ``(e) Additional Rulemaking Proceedings.--After issuing 
     regulations under subsection (c), the Administrator may 
     conduct additional rulemaking proceedings as the 
     Administrator determines appropriate to carry out this 
     section.
       ``(f) Oversight.--
       ``(1) Cabin occupational safety and health inspectors.--The 
     Administrator shall establish the position of Cabin 
     Occupational Safety and Health Inspector within the Federal 
     Aviation Administration and shall employ individuals with 
     appropriate qualifications and expertise to serve in the 
     position.
       ``(2) Responsibilities.--Inspectors employed under this 
     subsection shall be solely responsible for conducting proper 
     oversight of air carrier programs implemented under this 
     section.
       ``(g) Consultation.--In developing regulations under this 
     section, the Administrator shall consult with the 
     Administrator of the Occupational Safety and Health 
     Administration, labor organizations representing flight 
     attendants, air carriers, and other interested persons.
       ``(h) Safety Priority.--In developing and implementing 
     regulations under this section, the Administrator shall give 
     priority to the safe operation and maintenance of an 
     aircraft.
       ``(i) Flight Attendant Defined.--In this section, the term 
     `flight attendant' has the meaning given that term by section 
     44728.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section. Such sums shall remain available until 
     expended.''.
       (b) Clerical Amendment.--The analysis for chapter 447 is 
     amended by adding at the end the following:

``44731. Occupational safety and health standards for flight attendants 
              on board aircraft.''.

     SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS AREAS.

       (a) Establishment.--The Administrator of the Federal 
     Aviation Administration may establish a pilot program to 
     improve safety and efficiency by providing surveillance for 
     aircraft flying outside of radar coverage in mountainous 
     areas.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section. Such sums shall remain available until 
     expended.

     SEC. 309. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER 
                   OBSERVATION TECHNOLOGY.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a review of off-airport, low-
     altitude aircraft weather observation technologies.
       (b) Specific Review.--The review shall include, at a 
     minimum, an examination of off-airport, low-altitude weather 
     reporting needs, an assessment of technical alternatives 
     (including automated weather observation stations), an 
     investment analysis, and recommendations for improving 
     weather reporting.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report containing the results of the review.

     SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS.

       (a) Issuance of Regulations.--Not later than 3 years after 
     the date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall issue regulations 
     requiring that all covered maintenance work on aircraft used 
     to provide air transportation under part 121 of title 14, 
     Code of Federal Regulations, be performed by individuals in 
     accordance with subsection (b).
       (b) Persons Authorized To Perform Certain Work.--Covered 
     maintenance work for a part 121 air carrier shall only be 
     performed by--
       (1) an individual employed by the air carrier;
       (2) an individual employed by another part 121 air carrier;
       (3) an individual employed by a part 145 repair station; or
       (4) an individual employed by a company that provides 
     contract maintenance workers to a part 145 repair station or 
     part 121 air carrier, if the individual--
       (A) meets the requirements of the part 145 repair station 
     or the part 121 air carrier;
       (B) works under the direct supervision and control of the 
     part 145 repair station or part 121 air carrier; and
       (C) carries out the work in accordance with the part 121 
     air carrier's maintenance manual and, if applicable, the part 
     145 certificate holder's repair station and quality control 
     manuals.
       (c) Plan.--
       (1) Development.--The Administrator shall develop a plan 
     to--
       (A) require air carriers to identify and provide to the 
     Administrator a complete listing of all noncertificated 
     maintenance providers that perform, before the effective date 
     of the regulations to be issued under subsection (a), covered 
     maintenance work on aircraft used to provide air 
     transportation under part 121 of title 14, Code of Federal 
     Regulations;
       (B) validate the lists that air carriers provide under 
     subparagraph (A) by sampling air carrier records, such as 
     maintenance activity reports and general vendor listings; and
       (C) include surveillance and oversight by field inspectors 
     of the Federal Aviation Administration for all 
     noncertificated maintenance providers that perform covered 
     maintenance work on aircraft used to provide air 
     transportation in accordance with such part 121.
       (2) Report to congress.--Not later than 6 months after the 
     date of enactment of this Act, the Administrator shall 
     transmit to Congress a report containing the plan developed 
     under paragraph (1).
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Covered maintenance work.--The term ``covered 
     maintenance work'' means maintenance work that is essential, 
     regularly scheduled, or a required inspection item, as 
     determined by the Administrator.
       (2) Part 121 air carrier.--The term ``part 121 air 
     carrier'' means an air carrier that holds a certificate 
     issued under part 121 of title 14, Code of Federal 
     Regulations.
       (3) Part 145 repair station.--The term ``part 145 repair 
     station'' means a repair station that holds a certificate 
     issued under part 145 of title 14, Code of Federal 
     Regulations.
       (4) Noncertificated maintenance provider.--The term 
     ``noncertificated maintenance provider'' means a maintenance 
     provider that does not hold a certificate issued under part 
     121 or part 145 of title 14 Code of Federal Regulations.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary for the 
     Administrator to hire additional field safety inspectors to 
     ensure adequate and timely inspection of maintenance 
     providers that perform covered maintenance work.

     SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STANDARDS.

       (a) Rulemaking Proceeding.--Not later than 180 days after 
     the date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall initiate a rulemaking 
     proceeding for the purpose of issuing a proposed and final 
     rule that revises the aircraft rescue and firefighting 
     standards (``ARFF'') under part 139 of title 14, Code of 
     Federal Regulations, to improve the protection of the 
     traveling public, other persons, aircraft, buildings, and the 
     environment from fires and hazardous materials incidents.
       (b) Contents of Proposed and Final Rule.--The proposed and 
     final rule to be issued under subsection (a) shall address 
     the following:
       (1) The mission of aircraft rescue and firefighting 
     personnel, including responsibilities for passenger egress in 
     the context of other Administration requirements.
       (2) The proper level of staffing.
       (3) The timeliness of a response.

[[Page H5941]]

       (4) The handling of hazardous materials incidents at 
     airports.
       (5) Proper vehicle deployment.
       (6) The need for equipment modernization.
       (c) Consistency With Voluntary Consensus Standards.--The 
     proposed and final rule issued under subsection (a) shall be, 
     to the extent practical, consistent with national voluntary 
     consensus standards for aircraft rescue and firefighting 
     services at airports.
       (d) Assessments of Potential Impacts.--In the rulemaking 
     proceeding initiated under subsection (a), the Administrator 
     shall assess the potential impact of any revisions to the 
     firefighting standards on airports and air transportation 
     service.
       (e) Inconsistency With Standards.--If the proposed or final 
     rule issued under subsection (a) is not consistent with 
     national voluntary consensus standards for aircraft rescue 
     and firefighting services at airports, the Administrator 
     shall submit to the Office of Management and Budget an 
     explanation of the reasons for such inconsistency in 
     accordance with section 12(d) of the National Technology 
     Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 
     Stat. 783).
       (f) Final Rule.--Not later than 24 months after the date of 
     enactment of this Act, the Administrator shall issue the 
     final rule required by subsection (a).

                 Subtitle B--Unmanned Aircraft Systems

     SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION 
                   PLAN.

       (a) Integration Plan.--
       (1) Comprehensive plan.--Not later than 9 months after the 
     date of enactment of this Act, the Secretary, in consultation 
     with representatives of the aviation industry, shall develop 
     a comprehensive plan to safely integrate commercial unmanned 
     aircraft systems into the national airspace system.
       (2) Minimum requirements.--In developing the plan under 
     paragraph (1), the Secretary shall, at a minimum--
       (A) review technologies and research that will assist in 
     facilitating the safe integration of commercial unmanned 
     aircraft systems into the national airspace system;
       (B) provide recommendations or projections for the 
     rulemaking to be conducted under subsection (b) to--
       (i) define the acceptable standards for operations and 
     certification of commercial unmanned aircraft systems;
       (ii) ensure that any commercial unmanned aircraft system 
     includes a detect, sense, and avoid capability; and
       (iii) develop standards and requirements for the operator, 
     pilot, and programmer of a commercial unmanned aircraft 
     system, including standards and requirements for registration 
     and licensing;
       (C) recommend how best to enhance the technologies and 
     subsystems necessary to effect the safe and routine 
     operations of commercial unmanned aircraft systems in the 
     national airspace system; and
       (D) recommend how a phased-in approach to the integration 
     of commercial unmanned aircraft systems into the national 
     airspace system can best be achieved and a timeline upon 
     which such a phase-in shall occur.
       (3) Deadline.--The plan to be developed under paragraph (1) 
     shall provide for the safe integration of commercial unmanned 
     aircraft systems into the national airspace system as soon as 
     possible, but not later than September 30, 2013.
       (4) Report to congress.--Not later than one year after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a copy of the plan developed under paragraph (1).
       (b) Rulemaking.--Not later than 18 months after the date on 
     which the integration plan is submitted to Congress under 
     subsection (a)(4), the Administrator of the Federal Aviation 
     Administration shall publish in the Federal Register a notice 
     of proposed rulemaking to implement the recommendations of 
     the integration plan.
       (c) Authorization.--There are authorized to be appropriated 
     such sums as may be necessary to carry out this section.

     SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT 
                   SYSTEMS.

       (a) In General.--Notwithstanding the requirements of 
     sections 321 and 323, and not later than 6 months after the 
     date of enactment of this Act, the Secretary shall determine 
     if certain unmanned aircraft systems may operate safely in 
     the national airspace system before completion of the plan 
     and rulemaking required by section 321 or the guidance 
     required by section 323.
       (b) Assessment of Unmanned Aircraft Systems.--In making the 
     determination under subsection (a), the Secretary shall 
     determine, at a minimum--
       (1) which types of unmanned aircraft systems, if any, as a 
     result of their size, weight, speed, operational capability, 
     proximity to airports and population areas, and operation 
     within visual line-of-sight do not create a hazard to users 
     of the national airspace system or the public or pose a 
     threat to national security; and
       (2) whether a certificate of authorization or an 
     airworthiness certification under section 44704 of title 49, 
     United States Code, is required for the operation of unmanned 
     aircraft systems identified under paragraph (1).
       (c) Requirements for Safe Operation.--If the Secretary 
     determines under this section that certain unmanned aircraft 
     systems may operate safely in the national airspace system, 
     the Secretary shall establish requirements for the safe 
     operation of such aircraft systems in the national airspace 
     system.

     SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

       Not later than 9 months after the date of enactment of this 
     Act, the Secretary shall issue guidance regarding the 
     operation of public unmanned aircraft systems to--
       (1) expedite the issuance of a certificate of authorization 
     process;
       (2) provide for a collaborative process with public 
     agencies to allow for an incremental expansion of access to 
     the national airspace system as technology matures and the 
     necessary safety analysis and data become available and until 
     standards are completed and technology issues are resolved; 
     and
       (3) facilitate the capability of public agencies to develop 
     and use test ranges, subject to operating restrictions 
     required by the Federal Aviation Administration, to test and 
     operate unmanned aircraft systems.

     SEC. 324. DEFINITIONS.

       In this subtitle, the following definitions apply:
       (1) Certificate of authorization.--The term ``certificate 
     of authorization'' means a Federal Aviation Administration 
     grant of approval for a specific flight operation.
       (2) Detect, sense, and avoid capability.--The term 
     ``detect, sense, and avoid capability'' means the technical 
     capability to perform separation assurance and collision 
     avoidance, as defined by the Federal Aviation Administration.
       (3) Public unmanned aircraft system.--The term ``public 
     unmanned aircraft system'' means an unmanned aircraft system 
     that meets the qualifications and conditions required for 
     operation of a public aircraft, as defined by section 40102 
     of title 49, United States Code.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (5) Test range.--The term ``test range'' means a defined 
     geographic area where research and development are conducted.
       (6) Unmanned aircraft.--The term ``unmanned aircraft'' 
     means an aircraft that is operated without the possibility of 
     direct human intervention from within or on the aircraft.
       (7) Unmanned aircraft system.--The term ``unmanned aircraft 
     system'' means an unmanned aircraft and associated elements 
     (such as communication links and a ground control station) 
     that are required to operate safely and efficiently in the 
     national airspace system.

                   Subtitle C--Safety and Protections

     SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

       Section 106 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(s) Aviation Safety Whistleblower Investigation Office.--
       ``(1) Establishment.--There is established in the Federal 
     Aviation Administration (in this section referred to as the 
     `Agency') an Aviation Safety Whistleblower Investigation 
     Office (in this subsection referred to as the `Office').
       ``(2) Director.--
       ``(A) Appointment.--The head of the Office shall be the 
     Director, who shall be appointed by the Secretary of 
     Transportation.
       ``(B) Qualifications.--The Director shall have a 
     demonstrated ability in investigations and knowledge of or 
     experience in aviation.
       ``(C) Term.--The Director shall be appointed for a term of 
     5 years.
       ``(D) Vacancy.--Any individual appointed to fill a vacancy 
     in the position of the Director occurring before the 
     expiration of the term for which the individual's predecessor 
     was appointed shall be appointed for the remainder of that 
     term.
       ``(3) Complaints and investigations.--
       ``(A) Authority of director.--The Director shall--
       ``(i) receive complaints and information submitted by 
     employees of persons holding certificates issued under title 
     14, Code of Federal Regulations, and employees of the Agency 
     concerning the possible existence of an activity relating to 
     a violation of an order, regulation, or standard of the 
     Agency or any other provision of Federal law relating to 
     aviation safety;
       ``(ii) assess complaints and information submitted under 
     clause (i) and determine whether a substantial likelihood 
     exists that a violation of an order, regulation, or standard 
     of the Agency or any other provision of Federal law relating 
     to aviation safety may have occurred; and
       ``(iii) based on findings of the assessment conducted under 
     clause (ii), make recommendations to the Administrator in 
     writing for further investigation or corrective actions.
       ``(B) Disclosure of identities.--The Director shall not 
     disclose the identity of an individual who submits a 
     complaint or information under subparagraph (A)(i) unless--
       ``(i) the individual consents to the disclosure in writing; 
     or
       ``(ii) the Director determines, in the course of an 
     investigation, that the disclosure is unavoidable.
       ``(C) Independence of director.--The Secretary, the 
     Administrator, or any officer or employee of the Agency may 
     not prevent or prohibit the Director from initiating, 
     carrying out, or completing any assessment of a complaint or 
     information submitted subparagraph (A)(i) or from reporting 
     to Congress on any such assessment.

[[Page H5942]]

       ``(D) Access to information.--In conducting an assessment 
     of a complaint or information submitted under subparagraph 
     (A)(i), the Director shall have access to all records, 
     reports, audits, reviews, documents, papers, recommendations, 
     and other material necessary to determine whether a 
     substantial likelihood exists that a violation of an order, 
     regulation, or standard of the Agency or any other provision 
     of Federal law relating to aviation safety may have occurred.
       ``(4) Responses to recommendations.--The Administrator 
     shall respond to a recommendation made by the Director under 
     subparagraph (A)(iii) in writing and retain records related 
     to any further investigations or corrective actions taken in 
     response to the recommendation.
       ``(5) Incident reports.--If the Director determines there 
     is a substantial likelihood that a violation of an order, 
     regulation, or standard of the Agency or any other provision 
     of Federal law relating to aviation safety may have occurred 
     that requires immediate corrective action, the Director shall 
     report the potential violation expeditiously to the 
     Administrator and the Inspector General of the Department of 
     Transportation.
       ``(6) Reporting of criminal violations to inspector 
     general.--If the Director has reasonable grounds to believe 
     that there has been a violation of Federal criminal law, the 
     Director shall report the violation expeditiously to the 
     Inspector General.
       ``(7) Annual reports to congress.--Not later than October 1 
     of each year, the Director shall submit to Congress a report 
     containing--
       ``(A) information on the number of submissions of 
     complaints and information received by the Director under 
     paragraph (3)(A)(i) in the preceding 12-month period;
       ``(B) summaries of those submissions;
       ``(C) summaries of further investigations and corrective 
     actions recommended in response to the submissions; and
       ``(D) summaries of the responses of the Administrator to 
     such recommendations.''.

     SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.

       (a) Findings.--Congress finds the following:
       (1) Subsections (a) and (d) of section 40101 of title 49, 
     United States Code, directs the Federal Aviation 
     Administration (in this section referred to as the 
     ``Agency'') to make safety its highest priority.
       (2) In 1996, to ensure that there would be no appearance of 
     a conflict of interest for the Agency in carrying out its 
     safety responsibilities, Congress amended section 40101(d) of 
     such title to remove the responsibilities of the Agency to 
     promote airlines.
       (3) Despite these directives from Congress regarding the 
     priority of safety, the Agency issued a vision statement in 
     which it stated that it has a ``vision'' of ``being 
     responsive to our customers and accountable to the public'' 
     and, in 2003, issued a customer service initiative that 
     required aviation inspectors to treat air carriers and other 
     aviation certificate holders as ``customers'' rather than 
     regulated entities.
       (4) The initiatives described in paragraph (3) appear to 
     have given regulated entities and Agency inspectors the 
     impression that the management of the Agency gives an unduly 
     high priority to the satisfaction of regulated entities 
     regarding its inspection and certification decisions and 
     other lawful actions of its safety inspectors.
       (5) As a result of the emphasis on customer satisfaction, 
     some managers of the Agency have discouraged vigorous 
     enforcement and replaced inspectors whose lawful actions 
     adversely affected an air carrier.
       (b) Modification of Initiative.--Not later than 90 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Aviation Administration shall modify the customer 
     service initiative, mission and vision statements, and other 
     statements of policy of the Agency--
       (1) to remove any reference to air carriers or other 
     entities regulated by the Agency as ``customers'';
       (2) to clarify that in regulating safety the only customers 
     of the Agency are individuals traveling on aircraft; and
       (3) to clarify that air carriers and other entities 
     regulated by the Agency do not have the right to select the 
     employees of the Agency who will inspect their operations.
       (c) Safety Priority.--In carrying out the Administrator's 
     responsibilities, the Administrator shall ensure that safety 
     is given a higher priority than preventing the 
     dissatisfaction of an air carrier or other entity regulated 
     by the Agency with an employee of the Agency.

     SEC. 333. POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS 
                   INSPECTORS.

       (a) In General.--Section 44711 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(d) Post-Employment Restrictions for Flight Standards 
     Inspectors.--
       ``(1) Prohibition.--A person holding an operating 
     certificate issued under title 14, Code of Federal 
     Regulations, may not knowingly employ, or make a contractual 
     arrangement which permits, an individual to act as an agent 
     or representative of the certificate holder in any matter 
     before the Federal Aviation Administration (in this 
     subsection referred to as the `Agency') if the individual, in 
     the preceding 2-year period--
       ``(A) served as, or was responsible for oversight of, a 
     flight standards inspector of the Agency; and
       ``(B) had responsibility to inspect, or oversee inspection 
     of, the operations of the certificate holder.
       ``(2) Written and oral communications.--For purposes of 
     paragraph (1), an individual shall be considered to be acting 
     as an agent or representative of a certificate holder in a 
     matter before the Agency if the individual makes any written 
     or oral communication on behalf of the certificate holder to 
     the Agency (or any of its officers or employees) in 
     connection with a particular matter, whether or not involving 
     a specific party and without regard to whether the individual 
     has participated in, or had responsibility for, the 
     particular matter while serving as a flight standards 
     inspector of the Agency.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall not apply to an individual employed by a certificate 
     holder as of the date of enactment of this Act.

     SEC. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS.

       (a) In General.--An individual serving as a principal 
     supervisory inspector of the Federal Aviation Administration 
     (in this section referred to as the ``Agency'') may not be 
     responsible for overseeing the operations of a single air 
     carrier for a continuous period of more than 5 years.
       (b) Transitional Provision.--An individual serving as a 
     principal supervisory inspector of the Agency with respect to 
     an air carrier as of the date of enactment of this Act may be 
     responsible for overseeing the operations of the carrier 
     until the last day of the 5-year period specified in 
     subsection (a) or last day of the 2-year period beginning on 
     such date of enactment, whichever is later.
       (c) Issuance of Order.--Not later than 30 days after the 
     date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall issue an order to carry 
     out this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator such sums as may be 
     necessary to carry out this section.

     SEC. 335. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT 
                   SYSTEM DATABASE.

       (a) Reviews.--The Administrator of the Federal Aviation 
     Administration shall establish a process by which the air 
     transportation oversight system database of the Federal 
     Aviation Administration (in this section referred to as the 
     ``Agency'') is reviewed by a team of employees of the Agency 
     on a monthly basis to ensure that--
       (1) any trends in regulatory compliance are identified; and
       (2) appropriate corrective actions are taken in accordance 
     with Agency regulations, advisory directives, policies, and 
     procedures.
       (b) Monthly Team Reports.--
       (1) In general.--The team of employees conducting a monthly 
     review of the air transportation oversight system database 
     under subsection (a) shall submit to the Administrator, the 
     Associate Administrator for Aviation Safety, and the Director 
     of Flight Standards a report on the results of the review.
       (2) Contents.--A report submitted under paragraph (1) shall 
     identify--
       (A) any trends in regulatory compliance discovered by the 
     team of employees in conducting the monthly review; and
       (B) any corrective actions taken or proposed to be taken in 
     response to the trends.
       (c)  Quarterly Reports to Congress.--The Administrator, on 
     a quarterly basis, shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the results of 
     reviews of the air transportation oversight system database 
     conducted under this section, including copies of reports 
     received under subsection (b).

     SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.

       (a) Voluntary Disclosure Reporting Program Defined.--In 
     this section, the term ``Voluntary Disclosure Reporting 
     Program'' means the program established by the Federal 
     Aviation Administration through Advisory Circular 00-58A, 
     dated September 8, 2006, including any subsequent revisions 
     thereto.
       (b) Verification.--The Administrator of the Federal 
     Aviation Administration shall modify the Voluntary Disclosure 
     Reporting Program to require inspectors to--
       (1) verify that air carriers implement comprehensive 
     solutions to correct the underlying causes of the violations 
     voluntarily disclosed by such air carriers; and
       (2) confirm, before approving a final report of a 
     violation, that the violation, or another violation occurring 
     under the same circumstances, has not been previously 
     discovered by an inspector or self-disclosed by the air 
     carrier.
       (c) Supervisory Review of Voluntary Self Disclosures.--The 
     Administrator shall establish a process by which voluntary 
     self-disclosures received from air carriers are reviewed and 
     approved by a supervisor after the initial review by an 
     inspector.
       (d) GAO Study.--
       (1) In general.--The Comptroller General shall conduct a 
     study of the Voluntary Disclosure Reporting Program.
       (2) Review.--In conducting the study, the Comptroller 
     General shall examine, at a minimum, whether--
       (A) there is evidence that voluntary disclosure is 
     resulting in regulated entities discovering and correcting 
     violations to a greater

[[Page H5943]]

     extent than would otherwise occur if there was no program for 
     immunity from enforcement action;
       (B) the voluntary disclosure program makes the Federal 
     Aviation Administration (FAA) aware of violations that the 
     FAA would not have discovered if there was not a program, and 
     if a violation is disclosed voluntarily, whether the FAA 
     insists on stronger corrective actions than would have 
     occurred if the regulated entity knew of a violation, but FAA 
     did not;
       (C) the information the FAA gets under the program leads to 
     fewer violations by other entities, either because the 
     information leads other entities to look for similar 
     violations or because the information leads FAA investigators 
     to look for similar violations at other entities; and
       (D) there is any evidence that voluntary disclosure has 
     improved compliance with regulations, either for the entities 
     making disclosures or for the industry generally.
       (3) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study conducted under this section.

                   TITLE IV--AIR SERVICE IMPROVEMENTS

     SEC. 401. MONTHLY AIR CARRIER REPORTS.

       (a) In General.--Section 41708 is amended by adding at the 
     end the following:
       ``(c) Diverted and Cancelled Flights.--
       ``(1) Monthly reports.--The Secretary shall require an air 
     carrier referred to in paragraph (2) to file with the 
     Secretary a monthly report on each flight of the air carrier 
     that is diverted from its scheduled destination to another 
     airport and each flight of the air carrier that departs the 
     gate at the airport at which the flight originates but is 
     cancelled before wheels-off time.
       ``(2) Applicability.--An air carrier that is required to 
     file a monthly airline service quality performance report 
     under subsection (b) shall be subject to the requirement of 
     paragraph (1).
       ``(3) Contents.--A monthly report filed by an air carrier 
     under paragraph (1) shall include, at a minimum, the 
     following information:
       ``(A) For a diverted flight--
       ``(i) the flight number of the diverted flight;
       ``(ii) the scheduled destination of the flight;
       ``(iii) the date and time of the flight;
       ``(iv) the airport to which the flight was diverted;
       ``(v) wheels-on time at the diverted airport;
       ``(vi) the time, if any, passengers deplaned the aircraft 
     at the diverted airport; and
       ``(vii) if the flight arrives at the scheduled destination 
     airport--

       ``(I) the gate-departure time at the diverted airport;
       ``(II) the wheels-off time at the diverted airport;
       ``(III) the wheels-on time at the scheduled arrival 
     airport; and
       ``(IV) the gate arrival time at the scheduled arrival 
     airport.

       ``(B) For flights cancelled after gate departure--
       ``(i) the flight number of the cancelled flight;
       ``(ii) the scheduled origin and destination airports of the 
     cancelled flight;
       ``(iii) the date and time of the cancelled flight;
       ``(iv) the gate-departure time of the cancelled flight; and
       ``(v) the time the aircraft returned to the gate.
       ``(4) Publication.--The Secretary shall compile the 
     information provided in the monthly reports filed pursuant to 
     paragraph (1) in a single monthly report and publish such 
     report on the website of the Department of Transportation.''.
       (b) Effective Date.--The Secretary of Transportation shall 
     require monthly reports pursuant to the amendment made by 
     subsection (a) beginning not later than 90 days after the 
     date of enactment of this Act.

     SEC. 402. FLIGHT OPERATIONS AT REAGAN NATIONAL AIRPORT.

       (a) Beyond Perimeter Exemptions.--Section 41718(a) is 
     amended by striking ``24'' and inserting ``34''.
       (b) Limitations.--Section 41718(c)(2) is amended by 
     striking ``3 operations'' and inserting ``5 operations''.
       (c) Allocation of Beyond-Perimeter Exemptions.--Section 
     41718(c) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Slots.--The Administrator of the Federal Aviation 
     Administration shall reduce the hourly air carrier slot quota 
     for Ronald Reagan Washington National Airport in section 
     93.123(a) of title 14, Code of Federal Regulations, by a 
     total of 10 slots that are available for allocation. Such 
     reductions shall be taken in the 6:00 a.m., 10:00 p.m., or 
     11:00 p.m. hours, as determined by the Administrator, in 
     order to grant exemptions under subsection (a).''.
       (d) Scheduling Priority.--Section 41718 is amended--
       (1) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following:
       ``(e) Scheduling Priority.--Operations conducted by new 
     entrant air carriers and limited incumbent air carriers shall 
     be afforded a scheduling priority over operations conducted 
     by other air carriers granted exemptions pursuant to this 
     section, with the highest scheduling priority to be afforded 
     to beyond-perimeter operations conducted by new entrant air 
     carriers and limited incumbent air carriers.''.

     SEC. 403. EAS CONTRACT GUIDELINES.

       (a) Compensation Guidelines.--Section 41737(a)(1) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) in subparagraph (C) by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(D) include provisions under which the Secretary may 
     encourage an air carrier to improve air service for which 
     compensation is being paid under this subchapter by 
     incorporating financial incentives in an essential air 
     service contract based on specified performance goals, 
     including goals related to improving on-time performance, 
     reducing the number of flight cancellations, establishing 
     reasonable fares (including joint fares beyond the hub 
     airport), establishing convenient connections to flights 
     providing service beyond hub airports, and increasing 
     marketing efforts; and
       ``(E) include provisions under which the Secretary may 
     execute a long-term essential air service contract to 
     encourage an air carrier to provide air service to an 
     eligible place if it would be in the public interest to do 
     so.''.
       (b) Deadline for Issuance of Revised Guidance.--Not later 
     than 90 days after the date of enactment of this Act, the 
     Secretary of Transportation shall issue revised guidelines 
     governing the rate of compensation payable under subchapter 
     II of chapter 417 of title 49, United States Code, that 
     incorporate the amendments made by subsection (a).
       (c) Report.--Not later than 2 years after the date of 
     issuance of revised guidelines pursuant to subsection (b), 
     the Secretary shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the extent to which the revised guidelines 
     have been implemented and the impact, if any, such 
     implementation has had on air carrier performance and 
     community satisfaction with air service for which 
     compensation is being paid under subchapter II of chapter 417 
     of title 49, United States Code.

     SEC. 404. ESSENTIAL AIR SERVICE REFORM.

       (a) Authorization of Appropriations.--Section 41742(a)(2) 
     of title 49, United States Code, is amended by striking 
     ``there is authorized to be appropriated $77,000,000'' and 
     inserting ``there is authorized to be appropriated out of the 
     Airport and Airway Trust Fund $150,000,000''.
       (b) Distribution of Excess Funds.--
       (1) In general.--Section 41742(a) is amended by adding at 
     the end the following:
       ``(4) Distribution of excess funds.--Of the funds, if any, 
     credited to the account established under section 45303 in a 
     fiscal year that exceed the $50,000,000 made available for 
     such fiscal year under paragraph (1)--
       ``(A) one-half shall be made available immediately for 
     obligation and expenditure to carry out section 41743; and
       ``(B) one-half shall be made available immediately for 
     obligation and expenditure to carry out subsection (b).''.
       (2) Conforming amendment.--Section 41742(b) is amended--
       (A) in the first sentence by striking ``moneys credited'' 
     and all that follows before ``shall be used'' and inserting 
     ``amounts made available under subsection (a)(4)(B)''; and
       (B) in the second sentence by striking ``any amounts from 
     those fees'' and inserting ``any of such amounts''.

     SEC. 405. SMALL COMMUNITY AIR SERVICE.

       (a) Priorities.--Section 41743(c)(5) is amended--
       (1) by striking ``and'' at the end of subparagraph (D);
       (2) in subparagraph (E) by striking ``fashion.'' and 
     inserting ``fashion; and''; and
       (3) by adding at the end the following:
       ``(F) multiple communities cooperate to submit a regional 
     or multistate application to improve air service.''.
       (b) Extension of Authorization.--Section 41743(e)(2) is 
     amended by striking ``2009'' and inserting ``2012''.

     SEC. 406. AIR PASSENGER SERVICE IMPROVEMENTS.

       (a) In General.--Subtitle VII is amended by inserting after 
     chapter 421 the following:

           ``CHAPTER 423--AIR PASSENGER SERVICE IMPROVEMENTS

``Sec.
``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.

     ``Sec. 42301. Emergency contingency plans

       ``(a) Submission of Air Carrier and Airport Plans.--Not 
     later than 90 days after the date of enactment of this 
     section, each air carrier providing covered air 
     transportation at a large hub airport or medium hub airport 
     and each operator of a large hub airport or medium hub 
     airport shall submit to the Secretary of Transportation for 
     review and approval an emergency contingency plan in 
     accordance with the requirements of this section.

[[Page H5944]]

       ``(b) Covered Air Transportation Defined.--In this section, 
     the term `covered air transportation' means scheduled 
     passenger air transportation provided by an air carrier using 
     aircraft with more than 30 seats.
       ``(c) Air Carrier Plans.--
       ``(1) Plans for individual airports.--An air carrier shall 
     submit an emergency contingency plan under subsection (a) 
     for--
       ``(A) each large hub airport and medium hub airport at 
     which the carrier provides covered air transportation; and
       ``(B) each large hub airport and medium hub airport at 
     which the carrier has flights for which it has primary 
     responsibility for inventory control.
       ``(2) Contents.--An emergency contingency plan submitted by 
     an air carrier for an airport under subsection (a) shall 
     contain a description of how the air carrier will--
       ``(A) provide food, water that meets the standards of the 
     Safe Drinking Water Act (42 U.S.C. 300f et seq.), restroom 
     facilities, cabin ventilation, and access to medical 
     treatment for passengers onboard an aircraft at the airport 
     that is on the ground for an extended period of time without 
     access to the terminal;
       ``(B) allow passengers to deplane following excessive 
     delays; and
       ``(C) share facilities and make gates available at the 
     airport in an emergency.
       ``(d) Airport Plans.--An emergency contingency plan 
     submitted by an airport operator under subsection (a) shall 
     contain--
       ``(1) a description of how the airport operator, to the 
     maximum extent practicable, will provide for the deplanement 
     of passengers following excessive delays and will provide for 
     the sharing of facilities and make gates available at the 
     airport in an emergency; and
       ``(2) in the case of an airport that is used by an air 
     carrier or foreign air carrier for flights in foreign air 
     transportation, a description of how the airport operator 
     will provide for use of the airport's terminal, to the 
     maximum extent practicable, for the processing of passengers 
     arriving at the airport on such a flight in the case of an 
     excessive tarmac delay.
       ``(e) Updates.--
       ``(1) Air carriers.--An air carrier shall update the 
     emergency contingency plan submitted by the air carrier under 
     subsection (a) every 3 years and submit the update to the 
     Secretary for review and approval.
       ``(2) Airports.--An airport operator shall update the 
     emergency contingency plan submitted by the airport operator 
     under subsection (a) every 5 years and submit the update to 
     the Secretary for review and approval.
       ``(f) Approval.--
       ``(1) In general.--Not later than 9 months after the date 
     of enactment of this section, the Secretary shall review and 
     approve or require modifications to emergency contingency 
     plans submitted under subsection (a) and updates submitted 
     under subsection (e) to ensure that the plans and updates 
     will effectively address emergencies and provide for the 
     health and safety of passengers.
       ``(2) Civil penalties.--The Secretary may assess a civil 
     penalty under section 46301 against an air carrier or airport 
     that does not adhere to an emergency contingency plan 
     approved under this subsection.
       ``(g) Minimum Standards.--The Secretary may establish, as 
     necessary or desirable, minimum standards for elements in an 
     emergency contingency plan required to be submitted under 
     this section.
       ``(h) Public Access.--An air carrier or airport required to 
     submit emergency contingency plans under this section shall 
     ensure public access to such plan after its approval under 
     this section on the Internet website of the carrier or 
     airport or by such other means as determined by the 
     Secretary.

     ``Sec. 42302. Consumer complaints

       ``(a) Consumer Complaints Hotline Telephone Number.--The 
     Secretary of Transportation shall establish a consumer 
     complaints hotline telephone number for the use of passengers 
     in air transportation.
       ``(b) Public Notice.--The Secretary shall notify the public 
     of the telephone number established under subsection (a).
       ``(c) Notice to Passengers of Air Carriers.--An air carrier 
     providing scheduled air transportation using aircraft with 30 
     or more seats shall include on the Internet Web site of the 
     carrier and on any ticket confirmation and boarding pass 
     issued by the air carrier--
       ``(1) the hotline telephone number established under 
     subsection (a);
       ``(2) the email address, telephone number, and mailing 
     address of the air carrier; and
       ``(3) the email address, telephone number, and mailing 
     address of the Aviation Consumer Protection Division of the 
     Department of Transportation for the submission of reports by 
     passengers about air travel service problems.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section. Such sums shall remain available 
     until expended.

     ``Sec. 42303. Use of insecticides in passenger aircraft

       ``(a) Information to Be Provided on the Internet.--The 
     Secretary shall establish, and make available to the general 
     public, an Internet Web site that contains a listing of 
     countries that may require an air carrier or foreign air 
     carrier to treat an aircraft passenger cabin with 
     insecticides prior to a flight in foreign air transportation 
     to that country or to apply an aerosol insecticide in an 
     aircraft cabin used for such a flight when the cabin is 
     occupied with passengers.
       ``(b) Required Disclosures.--An air carrier, foreign air 
     carrier, or ticket agent selling, in the United States, a 
     ticket for a flight in foreign air transportation to a 
     country listed on the Internet Web site established under 
     subsection (a) shall--
       ``(1) disclose, on its own Internet Web site or through 
     other means, that the destination country may require the air 
     carrier or foreign air carrier to treat an aircraft passenger 
     cabin with insecticides prior to the flight or to apply an 
     aerosol insecticide in an aircraft cabin used for such a 
     flight when the cabin is occupied with passengers; and
       ``(2) refer the purchaser of the ticket to the Internet Web 
     site established under subsection (a) for additional 
     information.''.
       (b) Clerical Amendment.--The analysis for subtitle VII is 
     amended by inserting after the item relating to chapter 421 
     the following:

``423. Air Passenger Service Improvements..................42301''.....

       (c) Penalties.--Section 46301 is amended in subsections 
     (a)(1)(A) and (c)(1)(A) by inserting ``chapter 423,'' after 
     ``chapter 421,''.
       (d) Applicability of Requirements.--Except as otherwise 
     specifically provided, the requirements of chapter 423 of 
     title 49, United States Code, as added by this section, shall 
     begin to apply 60 days after the date of enactment of this 
     Act.

     SEC. 407. CONTENTS OF COMPETITION PLANS.

       Section 47106(f)(2) is amended--
       (1) by striking ``patterns of air service,'';
       (2) by inserting ``and'' before ``whether''; and
       (3) by striking ``, and airfare levels'' and all that 
     follows before the period.

     SEC. 408. EXTENSION OF COMPETITIVE ACCESS REPORTS.

       Section 47107(s)(3) is amended by striking ``April 1, 
     2009'' and inserting ``September 30, 2012''.

     SEC. 409. CONTRACT TOWER PROGRAM.

       (a) Cost-Benefit Requirement.--Section 47124(b) is 
     amended--
       (1) by striking ``(1) The Secretary'' and inserting the 
     following:
       ``(1) Contract tower program.--
       ``(A) Continuation and extension.--The Secretary'';
       (2) by adding at the end of paragraph (1) the following:
       ``(B) Special rule.--If the Secretary determines that a 
     tower already operating under the program continued under 
     this paragraph has a benefit to cost ratio of less than 1.0, 
     the airport sponsor or State or local government having 
     jurisdiction over the airport shall not be required to pay 
     the portion of the costs that exceeds the benefit for a 
     period of 18 months after such determination is made.
       ``(C) Use of excess funds.--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).''; and
       (3) by striking ``(2) The Secretary'' and inserting the 
     following:
       ``(2) General authority.--The Secretary''.
       (b) Contract Air Traffic Control Tower Cost-Sharing 
     Program.--
       (1) Funding.--Section 47124(b)(3)(E) is amended--
       (A) by striking ``and''; and
       (B) by inserting ``, $8,500,000 for fiscal year 2008, 
     $9,000,000 for fiscal year 2009, $9,500,000 for fiscal year 
     2010, $10,000,000 for fiscal year 2011, and $10,000,000 for 
     fiscal year 2012'' after ``2007''.
       (2) Use of excess funds.--Section 47124(b)(3) is amended--
       (A) by redesignating subparagraph (E) (as amended by 
     paragraph (1) of this subsection) as subparagraph (F); and
       (B) by inserting after subparagraph (D) the following:
       ``(E) Use of excess funds.--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 program continued 
     under paragraph (1).''.
       (c) Federal Share.--Section 47124(b)(4)(C) is amended by 
     striking ``$1,500,000'' and inserting ``$2,000,000''.
       (d) Safety Audits.--Section 47124 is amended by adding at 
     the end the following:
       ``(c) Safety Audits.--The Secretary shall establish uniform 
     standards and requirements for safety assessments of air 
     traffic control towers that receive funding under this 
     section.''.

     SEC. 410. AIRFARES FOR MEMBERS OF THE ARMED FORCES.

       (a) Findings.--Congress finds that--
       (1) the Armed Forces is comprised of approximately 
     1,400,000 members who are stationed on active duty at more 
     than 6,000 military bases in 146 different countries;
       (2) the United States is indebted to the members of the 
     Armed Forces, many of whom are in grave danger due to their 
     engagement in, or exposure to, combat;
       (3) military service, especially in the current war against 
     terrorism, often requires members of the Armed Forces to be 
     separated from their families on short notice, for long 
     periods of time, and under very stressful conditions;

[[Page H5945]]

       (4) the unique demands of military service often preclude 
     members of the Armed Forces from purchasing discounted 
     advance airline tickets in order to visit their loved ones at 
     home and require members of the Armed Forces to travel with 
     heavy bags; and
       (5) it is the patriotic duty of the people of the United 
     States to support the members of the Armed Forces who are 
     defending the Nation's interests around the world at great 
     personal sacrifice.
       (b) Sense of Congress.--It is the sense of Congress that 
     each United States air carrier should--
       (1) establish for all members of the Armed Forces on active 
     duty reduced air fares that are comparable to the lowest 
     airfare for ticketed flights; and
       (2) offer flexible terms that allow members of the Armed 
     Forces on active duty to purchase, modify, or cancel tickets 
     without time restrictions, fees, and penalties and waive 
     baggage fees for a minimum of 3 bags.

     SEC. 411. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION 
                   PROGRAM.

       (a) Repeal.--Section 41747 of title 49, United States Code, 
     and the item relating to such section in the analysis for 
     chapter 417 of such title, are repealed.
       (b) Applicability.--Title 49, United States Code, shall be 
     applied as if section 41747 of such title had not been 
     enacted.

     SEC. 412. ADJUSTMENT TO SUBSIDY CAP TO REFLECT INCREASED FUEL 
                   COSTS.

       (a) In General.--The $200 per passenger subsidy cap 
     initially established by Public Law 103-122 (107 Stat. 1198; 
     1201) and made permanent by section 332 of Public Law 106-69 
     (113 Stat. 1022) shall be increased by an amount necessary to 
     account for the increase, if any, in the cost of aviation 
     fuel in the 24 months preceding the date of enactment of this 
     Act, as determined by the Secretary.
       (b) Adjustment of Cap.--Not later than 60 days after the 
     date of enactment of this Act, the Secretary shall publish in 
     the Federal Register the increased subsidy cap as an interim 
     final rule, pursuant to which public comment will be sought 
     and a final rule issued.
       (c) Limitation on Eligibility.--A community that has been 
     determined, pursuant to a final order issued by the 
     Department of Transportation before the date of enactment of 
     this Act, to be ineligible for subsidized air service under 
     subchapter II of chapter 417 of title 49, United States Code, 
     shall not be eligible for the increased subsidy cap 
     established pursuant to this section.

     SEC. 413. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF 
                   ELIGIBILITY FOR SUBSIDIZED ESSENTIAL AIR 
                   SERVICE.

       Section 41733 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(f) Notice to Communities Prior to Termination of 
     Eligibility.--
       ``(1) In general.--The Secretary shall notify each 
     community receiving basic essential air service for which 
     compensation is being paid under this subchapter on or before 
     the 45th day before issuing any final decision to end the 
     payment of such compensation due to a determination by the 
     Secretary that providing such service requires a rate of 
     subsidy per passenger in excess of the subsidy cap.
       ``(2) Procedures to avoid termination.--The Secretary shall 
     establish, by order, procedures by which each community 
     notified of an impending loss of subsidy under paragraph (1) 
     may work directly with an air carrier to ensure that the air 
     carrier is able to submit a proposal to the Secretary to 
     provide essential air service to such community for an amount 
     of compensation that would not exceed the subsidy cap.
       ``(3) Assistance provided.--The Secretary shall provide, by 
     order, to each community notified under paragraph (1) 
     information regarding--
       ``(A) the procedures established pursuant to paragraph (2); 
     and
       ``(B) the maximum amount of compensation that could be 
     provided under this subchapter to an air carrier serving such 
     community that would comply with the subsidy cap.
       ``(4) Subsidy cap defined.--In this subsection, the term 
     `subsidy cap' means the subsidy cap established by section 
     332 of Public Law 106-69, including any increase to that 
     subsidy cap established by the Secretary pursuant to the FAA 
     Reauthorization Act of 2009.''.

     SEC. 414. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED BY 
                   THE SECRETARY TO BE INELIGIBLE FOR SUBSIDIZED 
                   ESSENTIAL AIR SERVICE.

       Section 41733 (as amended by section 413 of this Act) is 
     further amended by adding at the end the following:
       ``(g) Proposals of State and Local Governments To Restore 
     Eligibility.--
       ``(1) In general.--If the Secretary, after the date of 
     enactment of this subsection, ends payment of compensation to 
     an air carrier for providing basic essential air service to 
     an eligible place because the Secretary has determined that 
     providing such service requires a rate of subsidy per 
     passenger in excess of the subsidy cap (as defined in 
     subsection (f)), a State or local government may submit to 
     the Secretary a proposal for restoring compensation for such 
     service. Such proposal shall be a joint proposal of the State 
     or local government and an air carrier.
       ``(2) Determination by secretary.--If a State or local 
     government submits to the Secretary a proposal under 
     paragraph (1) with respect to an eligible place, and the 
     Secretary determines that--
       ``(A) the rate of subsidy per passenger under the proposal 
     does not exceed the subsidy cap (as defined in subsection 
     (f)); and
       ``(B) the proposal is consistent with the legal and 
     regulatory requirements of the essential air service program,

     the Secretary shall issue an order restoring the eligibility 
     of the otherwise eligible place to receive basic essential 
     air service by an air carrier for compensation under 
     subsection (c).''.

     SEC. 415. OFFICE OF RURAL AVIATION.

       (a) In General.--Subchapter II of chapter 417 is amended by 
     adding at the end the following:

     ``Sec. 41749. Office of Rural Aviation

       ``(a) Establishment.--The Secretary of Transportation shall 
     establish within the Department of Transportation an office 
     to be known as the `Office of Rural Aviation' (in this 
     section referred to as the `Office').
       ``(b) Functions.--The Office shall--
       ``(1) monitor the status of air service to small 
     communities;
       ``(2) develop proposals to improve air service to small 
     communities; and
       ``(3) carry out such other functions as the Secretary 
     considers appropriate.''.
       (b) Clerical Amendment.--The analysis for subchapter II of 
     chapter 417 is amended by adding at the end the following:

``41749. Office of Rural Aviation.''.

     SEC. 416. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY 
                   INCREASED COSTS.

       (a) Emergency Across-the-Board Adjustment.--Subject to the 
     availability of funds, the Secretary may increase the rates 
     of compensation payable to air carriers under subchapter II 
     of chapter 417 of title 49, United States Code, to compensate 
     such carriers for increased aviation fuel costs, without 
     regard to any agreement or requirement relating to the 
     renegotiation of contracts or any notice requirement under 
     section 41734 of such title.
       (b) Expedited Process for Adjustments to Individual 
     Contracts.--
       (1) In general.--Section 41734(d) of title 49, United 
     States Code, is amended by striking ``continue to pay'' and 
     all that follows through ``compensation sufficient--'' and 
     inserting ``provide the carrier with compensation 
     sufficient--''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to compensation to air carriers for air service 
     provided after the 30th day following the date of enactment 
     of this Act.

     SEC. 417. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, 
                   AND ASSOCIATED CAUSES.

       (a) Review.--The Inspector General of the Department of 
     Transportation shall conduct a review regarding air carrier 
     flight delays, cancellations, and associated causes to update 
     its 2000 report numbered CR-2000-112 and entitled ``Audit of 
     Air Carrier Flight Delays and Cancellations''.
       (b) Assessments.--In conducting the review under subsection 
     (a), the Inspector General shall assess--
       (1) the need for an update on delay and cancellation 
     statistics, such as number of chronically delayed flights and 
     taxi-in and taxi-out times;
       (2) air carriers' scheduling practices;
       (3) the need for a re-examination of capacity benchmarks at 
     the Nation's busiest airports; and
       (4) the impact of flight delays and cancellations on air 
     travelers, including recommendations for programs that could 
     be implemented to address the impact of flight delays on air 
     travelers.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Inspector General shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the review conducted under this section, including 
     the assessments described in subsection (b).

     SEC. 418. EUROPEAN UNION RULES FOR PASSENGER RIGHTS.

       (a) In General.--The Comptroller General shall conduct a 
     study to evaluate and compare the regulations of the European 
     Union and the United States on compensation and other 
     consideration offered to passengers who are denied boarding 
     or whose flights are cancelled or delayed.
       (b) Specific Study Requirements.--The study shall include 
     an evaluation and comparison of the regulations based on 
     costs to the air carriers, preferences of passengers for 
     compensation or other consideration, and forms of 
     compensation. In conducting the study, the Comptroller 
     General shall also take into account the differences in 
     structure and size of the aviation systems of the European 
     Union and the United States.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to Congress on the results of the study.

     SEC. 419. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION 
                   CONSUMER PROTECTION.

       (a) In General.--The Secretary of Transportation shall 
     establish an advisory committee for aviation consumer 
     protection (in this section referred to as the ``advisory 
     committee'') to advise the Secretary in carrying out air 
     passenger service improvements, including those required by 
     chapter 423 of title 49, United States Code.
       (b) Membership.--The Secretary shall appoint 8 members to 
     the advisory committee as follows:

[[Page H5946]]

       (1) Two representatives of air carriers required to submit 
     emergency contingency plans pursuant to section 42301 of 
     title 49, United States Code.
       (2) Two representatives of the airport operators required 
     to submit emergency contingency plans pursuant to section 
     42301 of such title.
       (3) Two representatives of State and local governments who 
     have expertise in aviation consumer protection matters.
       (4) Two representatives of nonprofit public interest groups 
     who have expertise in aviation consumer protection matters.
       (c) Vacancies.--A vacancy in the advisory committee shall 
     be filled in the manner in which the original appointment was 
     made.
       (d) Travel Expenses.--Members of the advisory committee 
     shall serve without pay but shall receive travel expenses, 
     including per diem in lieu of subsistence, in accordance 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 committee.
       (f) Duties.--The duties of the advisory committee shall 
     include the following:
       (1) Evaluating existing aviation consumer protection 
     programs and providing recommendations for the improvement of 
     such programs, if needed.
       (2) Providing recommendations to establish additional 
     aviation consumer protection programs, if needed.
       (g) Report.--Not later than February 1 of each year 
     beginning after the date of enactment of this Act, the 
     Secretary shall transmit to Congress a report containing--
       (1) each recommendation made by the advisory committee 
     during the preceding calendar year; and
       (2) an explanation of how the Secretary has implemented 
     each recommendation and, for each recommendation not 
     implemented, the Secretary's reason for not implementing the 
     recommendation.

     SEC. 420. DENIED BOARDING COMPENSATION.

       Not later than May 19, 2010, and every 2 years thereafter, 
     the Secretary shall evaluate the amount provided for denied 
     boarding compensation and issue a regulation to adjust such 
     compensation as necessary.

     SEC. 421. COMPENSATION FOR DELAYED BAGGAGE.

       (a) Study.--The Comptroller General shall conduct a study 
     to--
       (1) examine delays in the delivery of checked baggage to 
     passengers of air carriers; and
       (2) make recommendations for establishing minimum standards 
     to compensate a passenger in the case of an unreasonable 
     delay in the delivery of checked baggage.
       (b) Consideration.--In conducting the study, the 
     Comptroller General shall take into account the additional 
     fees for checked baggage that are imposed by many air 
     carriers and how the additional fees should improve an air 
     carrier's baggage performance.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General shall transmit 
     to Congress a report on the results of the study.

     SEC. 422. SCHEDULE REDUCTION.

       (a) In General.--If the Administrator of the Federal 
     Aviation Administration determines that: (1) the aircraft 
     operations of air carriers during any hour at an airport 
     exceeds the hourly maximum departure and arrival rate 
     established by the Administrator for such operations; and (2) 
     the operations in excess of the maximum departure and arrival 
     rate for such hour at such airport are likely to have a 
     significant adverse effect on the national or regional 
     airspace system, the Administrator shall convene a conference 
     of such carriers to reduce pursuant to section 41722, on a 
     voluntary basis, the number of such operations to less than 
     such maximum departure and arrival rate.
       (b) No Agreement.--If the air carriers participating in a 
     conference with respect to an airport under subsection (a) 
     are not able to agree to a reduction in the number of flights 
     to and from the airport to less than the maximum departure 
     and arrival rate, the Administrator shall take such action as 
     is necessary to ensure such reduction is implemented.
       (c) Quarterly Reports.--Beginning 3 months after the date 
     of enactment of this Act and every 3 months thereafter, the 
     Administrator shall submit to Congress a report regarding 
     scheduling at the 35 airports that have the greatest number 
     of passenger enplanements, including each occurrence in which 
     hourly scheduled aircraft operations of air carriers at such 
     an airport exceed the hourly maximum departure and arrival 
     rate at any such airport.

     SEC. 423. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT 
                   INVESTIGATIONS.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary of Transportation shall 
     investigate consumer complaints regarding--
       (1) flight cancellations;
       (2) compliance with Federal regulations concerning 
     overbooking seats on flights;
       (3) lost, damaged, or delayed baggage, and difficulties 
     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, overcharges, 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 estimate of 
     resources which would have been sufficient to investigate all 
     such claims the Department of Transportation received in the 
     previous fiscal year. The annex shall be transmitted to 
     Congress when the President submits the budget of the United 
     States to the Congress under section 1105 of title 31, United 
     States Code.

     SEC. 424. PROHIBITIONS AGAINST VOICE COMMUNICATIONS USING 
                   MOBILE COMMUNICATIONS DEVICES ON SCHEDULED 
                   FLIGHTS.

       (a) In General.--Subchapter I of chapter 417 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 41724. Prohibitions against voice communications using 
       mobile communications devices on scheduled flights

       ``(a) Interstate and Intrastate Air Transportation.--
       ``(1) In general.--An individual may not engage in voice 
     communications using a mobile communications device in an 
     aircraft during a flight in scheduled passenger interstate 
     air transportation or scheduled passenger intrastate air 
     transportation.
       ``(2) Exceptions.--The prohibition described in paragraph 
     (1) shall not apply to--
       ``(A) a member of the flight crew or flight attendants on 
     an aircraft; or
       ``(B) a Federal law enforcement officer acting in an 
     official capacity.
       ``(b) Foreign Air Transportation.--
       ``(1) In general.--The Secretary of Transportation shall 
     require all air carriers and foreign air carriers to adopt 
     the prohibition described in subsection (a) with respect to 
     the operation of an aircraft in scheduled passenger foreign 
     air transportation.
       ``(2) Alternate prohibition.--If a foreign government 
     objects to the application of paragraph (1) on the basis that 
     paragraph (1) provides for an extraterritorial application of 
     the laws of the United States, the Secretary may waive the 
     application of paragraph (1) to a foreign air carrier 
     licensed by that foreign government until such time as an 
     alternative prohibition on voice communications using a 
     mobile communications device during flight is negotiated by 
     the Secretary with such foreign government through bilateral 
     negotiations.
       ``(c) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Flight.--The term `flight' means the period beginning 
     when an aircraft takes off and ending when an aircraft lands.
       ``(2) Voice communications using a mobile communications 
     device.--
       ``(A) Inclusions.--The term `voice communications using a 
     mobile communications device' includes voice communications 
     using--
       ``(i) a commercial mobile radio service or other wireless 
     communications device;
       ``(ii) a broadband wireless device or other wireless device 
     that transmits data packets using the Internet Protocol or 
     comparable technical standard; or
       ``(iii) a device having voice override capability.
       ``(B) Exclusion.--Such term does not include voice 
     communications using a phone installed on an aircraft.
       ``(d) Safety Regulations.--This section shall not be 
     construed to affect the authority of the Secretary to impose 
     limitations on voice communications using a mobile 
     communications device for safety reasons.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations as are necessary to carry out this section.''.
       (b) Clerical Amendment.--The analysis for such subchapter 
     is amended by adding at the end the following:

``41724. Prohibitions against voice communications using mobile 
              communications devices on scheduled flights.''.

     SEC. 425. ANTITRUST EXEMPTIONS.

       (a) Study.--The Comptroller General shall conduct a study 
     of the legal requirements and policies followed by the 
     Department in deciding whether to approve international 
     alliances under section 41309 of title 49, United States 
     Code, and grant exemptions from the antitrust laws under 
     section 41308 of such title in connection with such 
     international alliances.
       (b) Issues to Be Considered.--In conducting the study under 
     subsection (a), the Comptroller General, at a minimum, shall 
     examine the following:
       (1) Whether granting exemptions from the antitrust laws in 
     connection with international alliances has resulted in 
     public benefits, including an analysis of whether such 
     benefits could have been achieved by international alliances 
     not receiving exemptions from the antitrust laws.
       (2) Whether granting exemptions from the antitrust laws in 
     connection with international alliances has resulted in 
     reduced competition, increased prices in markets, or other 
     adverse effects.
       (3) Whether international alliances that have been granted 
     exemptions from the antitrust laws have implemented pricing 
     or other practices with respect to the hub airports at which 
     the alliances operate that have resulted in increased costs 
     for consumers or foreclosed competition by rival 
     (nonalliance) air carriers at such airports.

[[Page H5947]]

       (4) Whether increased network size resulting from 
     additional international alliance members will adversely 
     affect competition between international alliances.
       (5) The areas in which immunized international alliances 
     compete and whether there is sufficient competition among 
     immunized international alliances to ensure that consumers 
     will receive benefits of at least the same magnitude as those 
     that consumers would receive if there were no immunized 
     international alliances.
       (6) The minimum number of international alliances that is 
     necessary to ensure robust competition and benefits to 
     consumers on major international routes.
       (7) Whether the different regulatory and antitrust 
     responsibilities of the Secretary and the Attorney General 
     with respect to international alliances have created any 
     significant conflicting agency recommendations, such as the 
     conditions imposed in granting exemptions from the antitrust 
     laws.
       (8) Whether, from an antitrust standpoint, requests for 
     exemptions from the antitrust laws in connection with 
     international alliances should be treated as mergers, and 
     therefore be exclusively subject to a traditional merger 
     analysis by the Attorney General and be subject to advance 
     notification requirements and a confidential review process 
     similar to those required under section 7A of the Clayton Act 
     (15 U.S.C. 18a).
       (9) Whether the Secretary should amend, modify, or revoke 
     any exemption from the antitrust laws granted by the 
     Secretary in connection with an international alliance.
       (10) The effect of international alliances on the number 
     and quality of jobs for United States air carrier flight crew 
     employees, including the share of alliance flying done by 
     those employees.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Secretary of Transportation, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the results of the 
     study under subsection (a), including any recommendations of 
     the Comptroller General as to whether there should be changes 
     in the authority of the Secretary under title 49, United 
     States Code, or policy changes that the Secretary can 
     implement administratively, with respect to approving 
     international alliances and granting exemptions from the 
     antitrust laws in connection with such international 
     alliances.
       (d) Adoption of Recommended Policy Changes.--Not later than 
     one year after the date of receipt of the report under 
     subsection (c), and after providing notice and an opportunity 
     for public comment, the Secretary shall issue a written 
     determination as to whether the Secretary will adopt the 
     policy changes, if any, recommended by the Comptroller 
     General in the report or make any other policy changes with 
     respect to approving international alliances and granting 
     exemptions from the antitrust laws in connection with such 
     international alliances.
       (e) Sunset Provision.--
       (1) In general.--An exemption from the antitrust laws 
     granted by the Secretary on or before the last day of the 3-
     year period beginning on the date of enactment of this Act in 
     connection with an international alliance, including an 
     exemption granted before the date of enactment of this Act, 
     shall cease to be effective after such last day unless the 
     exemption is renewed by the Secretary.
       (2) Timing for renewals.--The Secretary may not renew an 
     exemption under paragraph (1) before the date on which the 
     Secretary issues a written determination under subsection 
     (d).
       (3) Standards for renewals.--The Secretary shall make a 
     decision on whether to renew an exemption under paragraph (1) 
     based on the policies of the Department in effect after the 
     Secretary issues a written determination under subsection 
     (d).
       (f) Definitions.--In this section, the following 
     definitions apply:
       (1) Exemption from the antitrust laws.--The term 
     ``exemption from the antitrust laws'' means an exemption from 
     the antitrust laws granted by the Secretary under section 
     41308 of title 49, United States Code.
       (2) Immunized international alliance.--The term ``immunized 
     international alliance'' means an international alliance for 
     which the Secretary has granted an exemption from the 
     antitrust laws.
       (3) International alliance.--The term ``international 
     alliance'' means a cooperative agreement between an air 
     carrier and a foreign air carrier to provide foreign air 
     transportation subject to approval or disapproval by the 
     Secretary under section 41309 of title 49, United States 
     Code.
       (4) Department.--The term ``Department'' means the 
     Department of Transportation.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

          TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

     SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PROGRAM.

       Section 40128 is amended--
       (1) in subsection (a)(1)(C) by inserting ``or voluntary 
     agreement under subsection (b)(7)'' before ``for the park'';
       (2) in subsection (a) by adding at the end the following:
       ``(5) Exemption.--
       ``(A) In general.--Notwithstanding paragraph (1), a 
     national park that has 50 or fewer commercial air tour 
     flights a year shall be exempt from the requirements of this 
     section, except as provided in subparagraph (B).
       ``(B) Withdrawal of exemption.--If the Director determines 
     that an air tour management plan or voluntary agreement is 
     necessary to protect park resources and values or park 
     visitor use and enjoyment, the Director shall withdraw the 
     exemption of a park under subparagraph (A).
       ``(C) List of parks.--The Director shall inform the 
     Administrator, in writing, of each determination under 
     subparagraph (B). The Director and Administrator shall 
     publish an annual list of national parks that are covered by 
     the exemption provided by this paragraph.
       ``(D) Annual report.--A commercial air tour operator 
     conducting commercial air tours in a national park that is 
     exempt from the requirements of this section shall submit to 
     the Administrator and the Director an annual report regarding 
     the number of commercial air tour flights it conducts each 
     year in such park.'';
       (3) in subsection (b) by adding at the end the following:
       ``(7) Voluntary agreements.--
       ``(A) In general.--As an alternative to an air tour 
     management plan, the Director and the Administrator may enter 
     into a voluntary agreement with a commercial air tour 
     operator (including a new entrant applicant and an operator 
     that has interim operating authority) that has applied to 
     conduct air tour operations over a national park to manage 
     commercial air tour operations over such national park.
       ``(B) Park protection.--A voluntary agreement under this 
     paragraph with respect to commercial air tour operations over 
     a national park shall address the management issues necessary 
     to protect the resources of such park and visitor use of such 
     park without compromising aviation safety or the air traffic 
     control system and may--
       ``(i) include provisions such as those described in 
     subparagraphs (B) through (E) of paragraph (3);
       ``(ii) include provisions to ensure the stability of, and 
     compliance with, the voluntary agreement; and
       ``(iii) provide for fees for such operations.
       ``(C) Public.--The Director and the Administrator shall 
     provide an opportunity for public review of a proposed 
     voluntary agreement under this paragraph and shall consult 
     with any Indian tribe whose tribal lands are, or may be, 
     flown over by a commercial air tour operator under a 
     voluntary agreement under this paragraph. After such 
     opportunity for public review and consultation, the voluntary 
     agreement may be implemented without further administrative 
     or environmental process beyond that described in this 
     subsection.
       ``(D) Termination.--A voluntary agreement under this 
     paragraph may be terminated at any time at the discretion of 
     the Director or the Administrator if the Director determines 
     that the agreement is not adequately protecting park 
     resources or visitor experiences or the Administrator 
     determines that the agreement is adversely affecting aviation 
     safety or the national aviation system. If a voluntary 
     agreement for a national park is terminated, the operators 
     shall conform to the requirements for interim operating 
     authority under subsection (c) until an air tour management 
     plan for the park is in effect.'';
       (4) in subsection (c) by striking paragraph (2)(I) and 
     inserting the following:
       ``(I) may allow for modifications of the interim operating 
     authority without further environmental review beyond that 
     described in this section if--
       ``(i) adequate information regarding the operator's 
     existing and proposed operations under the interim operating 
     authority is provided to the Administrator and the Director;
       ``(ii) the Administrator determines that there would be no 
     adverse impact on aviation safety or the air traffic control 
     system; and
       ``(iii) the Director agrees with the modification, based on 
     the Director's professional expertise regarding the 
     protection of the park resources and values and visitor use 
     and enjoyment.'';
       (5) in subsection (c)(3)(A) by striking ``if the 
     Administrator determines'' and all that follows through the 
     period at the end and inserting ``without further 
     environmental process beyond that described in this paragraph 
     if--
       ``(i) adequate information on the operator's proposed 
     operations is provided to the Administrator and the Director 
     by the operator making the request;
       ``(ii) the Administrator agrees that there would be no 
     adverse impact on aviation safety or the air traffic control 
     system; and
       ``(iii) the Director agrees, based on the Director's 
     professional expertise regarding the protection of park 
     resources and values and visitor use and enjoyment.'';
       (6) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively; and
       (7) by inserting after subsection (c) the following:
       ``(d) Commercial Air Tour Operator Reports.--
       ``(1) Report.--Each commercial air tour operator providing 
     a commercial air tour over a national park under interim 
     operating authority granted under subsection (c) or in 
     accordance with an air tour management

[[Page H5948]]

     plan under subsection (b) shall submit a report to the 
     Administrator and Director regarding the number of its 
     commercial air tour operations over each national park and 
     such other information as the Administrator and Director may 
     request in order to facilitate administering the provisions 
     of this section.
       ``(2) Report submission.--Not later than 3 months after the 
     date of enactment of the FAA Reauthorization Act of 2009, the 
     Administrator and Director shall jointly issue an initial 
     request for reports under this subsection. The reports shall 
     be submitted to the Administrator and Director on a frequency 
     and in a format prescribed by the Administrator and 
     Director.''.

     SEC. 502. STATE BLOCK GRANT PROGRAM.

       (a) General Requirements.--Section 47128(a) is amended--
       (1) in the first sentence by striking ``prescribe 
     regulations'' and inserting ``issue guidance''; and
       (2) in the second sentence by striking ``regulations'' and 
     inserting ``guidance''.
       (b) Applications and Selection.--Section 47128(b)(4) is 
     amended by inserting before the semicolon the following: ``, 
     including the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), State and local environmental policy 
     acts, Executive orders, agency regulations and guidance, and 
     other Federal environmental requirements''.
       (c) Environmental Analysis and Coordination Requirements.--
     Section 47128 is amended by adding at the end the following:
       ``(d) Environmental Analysis and Coordination 
     Requirements.--A Federal agency, other than the Federal 
     Aviation Administration, that is responsible for issuing an 
     approval, license, or permit to ensure compliance with a 
     Federal environmental requirement applicable to a project or 
     activity to be carried out by a State using amounts from a 
     block grant made under this section shall--
       ``(1) coordinate and consult with the State;
       ``(2) use the environmental analysis prepared by the State 
     for the project or activity if such analysis is adequate; and
       ``(3) supplement such analysis, as necessary, to meet 
     applicable Federal requirements.''.

     SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.

       Section 47173(a) is amended by striking ``services of 
     consultants in order to'' and all that follows through the 
     period at the end and inserting ``services of consultants--
       ``(1) to facilitate the timely processing, review, and 
     completion of environmental activities associated with an 
     airport development project;
       ``(2) to conduct special environmental studies related to 
     an airport project funded with Federal funds;
       ``(3) to conduct special studies or reviews to support 
     approved noise compatibility measures described in part 150 
     of title 14, Code of Federal Regulations; or
       ``(4) to conduct special studies or reviews to support 
     environmental mitigation in a record of decision or finding 
     of no significant impact by the Federal Aviation 
     Administration.''.

     SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 
                   PROCEDURES.

       Section 47504 is amended by adding at the end the 
     following:
       ``(e) Grants for Assessment of Flight Procedures.--
       ``(1) In general.--In accordance with subsection (c)(1), 
     the Secretary may make a grant to an airport operator to 
     assist in completing environmental review and assessment 
     activities for proposals to implement flight procedures at 
     such airport that have been approved as part of an airport 
     noise compatibility program under subsection (b).
       ``(2) Additional staff.--The Administrator may accept funds 
     from an airport operator, including funds provided to the 
     operator under paragraph (1), to hire additional staff or 
     obtain the services of consultants in order to facilitate the 
     timely processing, review, and completion of environmental 
     activities associated with proposals to implement flight 
     procedures at such airport that have been approved as part of 
     an airport noise compatibility program under subsection (b).
       ``(3) Receipts credited as offsetting collections.--
     Notwithstanding section 3302 of title 31, any funds accepted 
     under this section--
       ``(A) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the funds are accepted;
       ``(B) shall be available for expenditure only to pay the 
     costs of activities and services for which the funds are 
     accepted; and
       ``(C) shall remain available until expended.''.

     SEC. 505. CLEEN RESEARCH, DEVELOPMENT, AND IMPLEMENTATION 
                   PARTNERSHIP.

       (a) Cooperative Agreement.--Subchapter I of chapter 475 is 
     amended by adding at the end the following:

     ``Sec. 47511. CLEEN research, development, and implementation 
       partnership

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration, in coordination with the 
     Administrator of the National Aeronautics and Space 
     Administration, shall enter into a cooperative agreement, 
     using a competitive process, with an institution, entity, or 
     consortium to carry out a program for the development, 
     maturing, and certification of CLEEN engine and airframe 
     technology for aircraft over the next 10 years.
       ``(b) CLEEN Engine and Airframe Technology Defined.--In 
     this section, the term `CLEEN engine and airframe technology' 
     means continuous lower energy, emissions, and noise engine 
     and airframe technology.
       ``(c) Performance Objective.--The Administrator of the 
     Federal Aviation Administration, in coordination with the 
     Administrator of the National Aeronautics and Space 
     Administration, shall establish the following performance 
     objectives for the program, to be achieved by September 30, 
     2016:
       ``(1) Development of certifiable aircraft technology that 
     reduces fuel burn by 33 percent compared to current 
     technology, reducing energy consumption and greenhouse gas 
     emissions.
       ``(2) Development of certifiable engine technology that 
     reduces landing and takeoff cycle nitrogen oxide emissions by 
     60 percent, at a pressure ratio of 30, over the International 
     Civil Aviation Organization standard adopted at the 6th 
     Meeting of the Committee on Aviation Environmental 
     Protection, with commensurate reductions over the full 
     pressure ratio range, while limiting or reducing other 
     gaseous or particle emissions.
       ``(3) Development of certifiable aircraft technology that 
     reduces noise levels by 32 Effective Perceived Noise Level in 
     Decibels cumulative, relative to Stage 4 standards.
       ``(4) Determination of the feasibility of the use of 
     alternative fuels in aircraft systems, including successful 
     demonstration and quantification of the benefits of such 
     fuels.
       ``(5) Determination of the extent to which new engine and 
     aircraft technologies may be used to retrofit or re-engine 
     aircraft to increase the integration of retrofitted and re-
     engined aircraft into the commercial fleet.
       ``(d) Funding.--Of amounts appropriated under section 
     48102(a), not more than the following amounts may be used to 
     carry out this section:
       ``(1) $20,000,000 for fiscal year 2009.
       ``(2) $25,000,000 for fiscal year 2010.
       ``(3) $33,000,000 for fiscal year 2011.
       ``(4) $50,000,000 for fiscal year 2012.
       ``(e) Report.--Beginning in fiscal year 2010, the 
     Administrator of the Federal Aviation Administration shall 
     publish an annual report on the program established under 
     this section until completion of the program.''.
       (b) Clerical Amendment.--The analysis for such subchapter 
     is amended by adding at the end the following:

``47511. CLEEN research, development, and implementation 
              partnership.''.

     SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 
                   75,000 POUNDS OR LESS NOT COMPLYING WITH STAGE 
                   3 NOISE LEVELS.

       (a) In General.--Subchapter II of chapter 475 is amended by 
     adding at the end the following:

     ``Sec. 47534. Prohibition on operating certain aircraft 
       weighing 75,000 pounds or less not complying with stage 3 
       noise levels

       ``(a) Prohibition.--Except as provided in subsection (b), 
     (c), or (d), after December 31, 2013, a person may not 
     operate a civil subsonic jet airplane with a maximum weight 
     of 75,000 pounds or less, and for which an airworthiness 
     certificate (other than an experimental certificate) has been 
     issued, to or from an airport in the United States unless the 
     Secretary of Transportation finds that the aircraft complies 
     with stage 3 noise levels.
       ``(b) Exception.--Subsection (a) shall not apply to 
     aircraft operated only outside the 48 contiguous States.
       ``(c) Exceptions.--The Secretary may allow temporary 
     operation of an airplane otherwise prohibited from operation 
     under subsection (a) to or from an airport in the contiguous 
     United States by granting a special flight authorization for 
     one or more of the following circumstances:
       ``(1) To sell, lease, or use the aircraft outside the 48 
     contiguous States.
       ``(2) To scrap the aircraft.
       ``(3) To obtain modifications to the aircraft to meet stage 
     3 noise levels.
       ``(4) To perform scheduled heavy maintenance or significant 
     modifications on the aircraft at a maintenance facility 
     located in the contiguous 48 States.
       ``(5) To deliver the aircraft to an operator leasing the 
     aircraft from the owner or return the aircraft to the lessor.
       ``(6) To prepare, park, or store the aircraft in 
     anticipation of any of the activities described in paragraphs 
     (1) through (5).
       ``(7) To provide transport of persons and goods in the 
     relief of emergency situations.
       ``(8) To divert the aircraft to an alternative air port in 
     the 48 contiguous States on account of weather, mechanical, 
     fuel, air traffic control, or other safety reasons while 
     conducting a flight in order to perform any of the activities 
     described in paragraphs (1) through (7).
       ``(d) Statutory Construction.--Nothing in the section may 
     be construed as interfering with, nullifying, or otherwise 
     affecting determinations made by the Federal Aviation 
     Administration, or to be made by the Administration, with 
     respect to applications under part 161 of title 14, Code of 
     Federal Regulations, that were pending on the date of 
     enactment of this section.''.
       (b) Conforming Amendments.--
       (1) Section 47531 is amended--
       (A) in the section heading by striking ``for violating 
     sections 47528-47530''; and
       (B) by striking ``47529, or 47530'' and inserting ``47529, 
     47530, or 47534''.
       (2) Section 47532 is amended by inserting ``or 47534'' 
     after ``47528-47531''.
       (3) The analysis for chapter 475 is amended--

[[Page H5949]]

       (A) by striking the item relating to section 47531 and 
     inserting the following:

``47531. Penalties.'';
     and
       (B) by inserting after the item relating to section 47533 
     the following:

``47534. Prohibition on operating certain aircraft weighing 75,000 
              pounds or less not complying with stage 3 noise 
              levels.''.

     SEC. 507. ENVIRONMENTAL MITIGATION PILOT PROGRAM.

       (a) Establishment.--The Secretary of Transportation shall 
     establish a pilot program to carry out not more than 6 
     environmental mitigation demonstration projects at public-use 
     airports.
       (b) Grants.--In implementing the program, the Secretary may 
     make a grant to the sponsor of a public-use airport from 
     funds apportioned under section 47117(e)(1)(A) of title 49, 
     United States Code, to carry out an environmental mitigation 
     demonstration project to measurably reduce or mitigate 
     aviation impacts on noise, air quality, or water quality in 
     the vicinity of the airport.
       (c) Eligibility for Passenger Facility Fees.--An 
     environmental mitigation demonstration project that receives 
     funds made available under this section may be considered an 
     eligible airport-related project for purposes of section 
     40117 of such title.
       (d) Selection Criteria.--In selecting among applicants for 
     participation in the program, the Secretary shall give 
     priority consideration to applicants proposing to carry out 
     environmental mitigation demonstration projects that will--
       (1) achieve the greatest reductions in aircraft noise, 
     airport emissions, or airport water quality impacts either on 
     an absolute basis or on a per dollar of funds expended basis; 
     and
       (2) be implemented by an eligible consortium.
       (e) Federal Share.--Notwithstanding any provision of 
     subchapter I of chapter 471 of such title, the United States 
     Government share of allowable project costs of an 
     environmental mitigation demonstration project carried out 
     under this section shall be 50 percent.
       (f) Maximum Amount.--The Secretary may not make grants for 
     a single environmental mitigation demonstration project under 
     this section in a total amount that exceeds $2,500,000.
       (g) Publication of Information.--The Secretary may develop 
     and publish information on the results of environmental 
     mitigation demonstration projects carried out under this 
     section, including information identifying best practices for 
     reducing or mitigating aviation impacts on noise, air 
     quality, or water quality in the vicinity of airports.
       (h) Definitions.--In this section, the following 
     definitions apply:
       (1) Eligible consortium.--The term ``eligible consortium'' 
     means a consortium of 2 or more of the following entities:
       (A) A business incorporated in the United States.
       (B) A public or private educational or research 
     organization located in the United States.
       (C) An entity of a State or local government.
       (D) A Federal laboratory.
       (2) Environmental mitigation demonstration project.--The 
     term ``environmental mitigation demonstration project'' means 
     a project that--
       (A) demonstrates at a public-use airport environmental 
     mitigation techniques or technologies with associated 
     benefits, which have already been proven in laboratory 
     demonstrations;
       (B) utilizes methods for efficient adaptation or 
     integration of innovative concepts to airport operations; and
       (C) demonstrates whether a technique or technology for 
     environmental mitigation identified in research is--
       (i) practical to implement at or near multiple public-use 
     airports; and
       (ii) capable of reducing noise, airport emissions, 
     greenhouse gas emissions, or water quality impacts in 
     measurably significant amounts.

     SEC. 508. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM.

       (a) In General.--The Secretary of Transportation shall 
     carry out a pilot program at not more than 5 public-use 
     airports under which the Federal Aviation Administration 
     shall use funds made available under section 48101(a) to test 
     air traffic flow management tools, methodologies, and 
     procedures that will allow air traffic controllers of the 
     Administration to better manage the flow of aircraft on the 
     ground and reduce the length of ground holds and idling time 
     for aircraft.
       (b) Selection Criteria.--In selecting from among airports 
     at which to conduct the pilot program, the Secretary shall 
     give priority consideration to airports at which improvements 
     in ground control efficiencies are likely to achieve the 
     greatest fuel savings or air quality or other environmental 
     benefits, as measured by the amount of reduced fuel, reduced 
     emissions, or other environmental benefits per dollar of 
     funds expended under the pilot program.
       (c) Maximum Amount.--Not more than a total of $5,000,000 
     may be expended under the pilot program at any single public-
     use airport.
       (d) Report to Congress.--Not later than 3 years after the 
     date of the enactment of this section, the Secretary 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 
     containing--
       (1) an evaluation of the effectiveness of the pilot 
     program, including an assessment of the tools, methodologies, 
     and procedures that provided the greatest fuel savings and 
     air quality and other environmental benefits, and any impacts 
     on safety, capacity, or efficiency of the air traffic control 
     system or the airports at which affected aircraft were 
     operating;
       (2) an identification of anticipated benefits from 
     implementation of the tools, methodologies, and procedures 
     developed under the pilot program at other airports;
       (3) a plan for implementing the tools, methodologies, and 
     procedures developed under the pilot program at other 
     airports or the Secretary's reasons for not implementing such 
     measures at other airports; and
       (4) such other information as the Secretary considers 
     appropriate.

     SEC. 509. HIGH PERFORMANCE AND SUSTAINABLE AIR TRAFFIC 
                   CONTROL FACILITIES.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall implement, to the maximum extent 
     practicable, sustainable practices for the incorporation of 
     energy-efficient design, equipment, systems, and other 
     measures in the construction and major renovation of air 
     traffic control facilities of the Administration in order to 
     reduce energy consumption and improve the environmental 
     performance of such facilities.
       (b) Authorization.--Of amounts appropriated under section 
     48101(a) of title 49, United States Code, such sums as may be 
     necessary may be used to carry out this section.

     SEC. 510. REGULATORY RESPONSIBILITY FOR AIRCRAFT ENGINE NOISE 
                   AND EMISSIONS STANDARDS.

       (a) Independent Review.--The Administrator of the FAA shall 
     make appropriate arrangements for the National Academy of 
     Public Administration or another qualified independent entity 
     to review, in consultation with the FAA and the EPA, whether 
     it is desirable to locate the regulatory responsibility for 
     the establishment of engine noise and emissions standards for 
     civil aircraft within one of the agencies.
       (b) Considerations.--The review shall be conducted so as to 
     take into account--
       (1) the interrelationships between aircraft engine noise 
     and emissions;
       (2) the need for aircraft engine noise and emissions to be 
     evaluated and addressed in an integrated and comprehensive 
     manner;
       (3) the scientific expertise of the FAA and the EPA to 
     evaluate aircraft engine emissions and noise impacts on the 
     environment;
       (4) expertise to interface environmental performance with 
     ensuring the highest safe and reliable engine performance of 
     aircraft in flight;
       (5) consistency of the regulatory responsibility with other 
     missions of the FAA and the EPA;
       (6) past effectiveness of the FAA and the EPA in carrying 
     out the aviation environmental responsibilities assigned to 
     the agency; and
       (7) the international responsibility to represent the 
     United States with respect to both engine noise and emissions 
     standards for civil aircraft.
       (c) Report to Congress.--Not later than 6 months after the 
     date of enactment of this Act, the Administrator of the FAA 
     shall submit to Congress a report on the results of the 
     review. The report shall include any recommendations 
     developed as a result of the review and, if a transfer of 
     responsibilities is recommended, a description of the steps 
     and timeline for implementation of the transfer.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) EPA.--The term ``EPA'' means the Environmental 
     Protection Agency.
       (2) FAA.--The term ``FAA'' means the Federal Aviation 
     Administration.

     SEC. 511. CONTINUATION OF AIR QUALITY SAMPLING.

       The Administrator of the Federal Aviation Administration 
     shall complete the air quality studies and analysis started 
     pursuant to section 815 of the Vision 100--Century of 
     Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 
     2592), including the collection of samples of the air onboard 
     passenger aircraft by flight attendants and the testing and 
     analyzation of such samples for contaminants.

     SEC. 512. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the proposed European Union directive extending the 
     European Union's emissions trading proposal to international 
     civil aviation without working through the International 
     Civil Aviation Organization (in this section referred to as 
     the ``ICAO'') in a consensus-based fashion is inconsistent 
     with the Convention on International Civil Aviation, done at 
     Chicago on December 7, 1944 (TIAS 1591; commonly known as 
     ``Chicago Convention''), and other relevant air services 
     agreements and antithetical to building international 
     cooperation to address effectively the problem of greenhouse 
     gas emissions by aircraft engaged in international civil 
     aviation; and

[[Page H5950]]

       (2) the European Union and its member states should instead 
     work with other contracting states of the ICAO to develop a 
     consensual approach to addressing aircraft greenhouse gas 
     emissions through the ICAO.

     SEC. 513. AIRPORT NOISE COMPATIBILITY PLANNING STUDY, PORT 
                   AUTHORITY OF NEW YORK AND NEW JERSEY.

       It is the sense of the House of Representatives that the 
     Port Authority of New York and New Jersey should undertake an 
     airport noise compatibility planning study under part 150 of 
     title 14, Code of Federal Regulations, for the airports that 
     the Port Authority operates as of November 2, 2009. In 
     undertaking the study, the Port Authority should pay 
     particular attention to the impact of noise on affected 
     neighborhoods, including homes, businesses, and places of 
     worship surrounding LaGuardia Airport, Newark Liberty 
     Airport, and JFK Airport.

     SEC. 514. GAO STUDY ON COMPLIANCE WITH FAA RECORD OF 
                   DECISION.

       (a) Study.--The Comptroller General shall conduct a study 
     to determine whether the Federal Aviation Administration and 
     the Massachusetts Port Authority are complying with the 
     requirements of the Federal Aviation Administration's record 
     of decision dated August 2, 2002.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study.

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

     SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL 
                   MANAGEMENT SYSTEM.

       (a) Dispute Resolution.--Section 40122(a) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (5) and (6), respectively; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Dispute resolution.--
       ``(A) Mediation.--If the Administrator does not reach an 
     agreement under paragraph (1) or the provisions referred to 
     in subsection (g)(2)(C) with the exclusive bargaining 
     representative of the employees, the Administrator and the 
     bargaining representative--
       ``(i) shall use the services of the Federal Mediation and 
     Conciliation Service to attempt to reach such agreement in 
     accordance with part 1425 of title 29, Code of Federal 
     Regulations (as in effect on the date of enactment of the FAA 
     Reauthorization Act of 2009); or
       ``(ii) may by mutual agreement adopt alternative procedures 
     for the resolution of disputes or impasses arising in the 
     negotiation of the collective-bargaining agreement.
       ``(B) Binding arbitration.--
       ``(i) Assistance from federal service impasses panel.--If 
     the services of the Federal Mediation and Conciliation 
     Service under subparagraph (A)(i) do not lead to an 
     agreement, the Administrator and the exclusive bargaining 
     representative of the employees (in this subparagraph 
     referred to as the `parties') shall submit their issues in 
     controversy to the Federal Service Impasses Panel. 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.
       ``(ii) Appointment of arbitration board.--The Executive 
     Director of the Panel shall provide for the appointment of 
     the 3 members of a private arbitration board under clause (i) 
     by requesting the Director of the Federal Mediation and 
     Conciliation Service to prepare a list of not less than 15 
     names of arbitrators with Federal sector experience and by 
     providing the list to the parties. Within 10 days of 
     receiving the list, the parties shall each select one person 
     from the list. The 2 arbitrators selected by the parties 
     shall then select a third person from the list within 7 days. 
     If either of the parties fails to select a person or if the 2 
     arbitrators are unable to agree on the third person within 7 
     days, the parties shall make the selection by alternately 
     striking names on the list until one arbitrator remains.
       ``(iii) Framing issues in controversy.--If the parties do 
     not agree on the framing of the issues to be submitted for 
     arbitration, the arbitration board shall frame the issues.
       ``(iv) Hearings.--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 representative as they may elect.
       ``(v) Decisions.--The arbitration board shall render its 
     decision within 90 days after the date of its appointment. 
     Decisions of the arbitration board shall be conclusive and 
     binding upon the parties.
       ``(vi) Costs.--The parties shall share costs of the 
     arbitration equally.
       ``(3) Ratification of agreements.--Upon reaching a 
     voluntary agreement or at the conclusion of the binding 
     arbitration under paragraph (2)(B), the final agreement, 
     except for those matters decided by an arbitration board, 
     shall be subject to ratification by the exclusive bargaining 
     representative of the employees, if so requested by the 
     bargaining representative, and approval by the head of the 
     agency in accordance with the provisions referred to in 
     subsection (g)(2)(C).
       ``(4) Enforcement.--
       ``(A) Enforcement actions in united states courts.--Each 
     United States district court and each United States court of 
     a place subject to the jurisdiction of the United States 
     shall have jurisdiction of enforcement actions 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 Administration reasonable attorney fees and 
     other litigation costs reasonably incurred in any case under 
     this section in which the complainant has substantially 
     prevailed.''.
       (b) Application.--On and after the date of enactment of 
     this Act, any changes implemented by the Administrator of the 
     Federal Aviation Administration on and after July 10, 2005, 
     under section 40122(a) of title 49, United States Code (as in 
     effect on the day before such date of enactment), without the 
     agreement of the exclusive bargaining representative of the 
     employees of the Administration certified under section 7111 
     of title 5, United States Code, shall be null and void and 
     the parties shall be governed by their last mutual agreement 
     before the implementation of such changes. The Administrator 
     and the bargaining representative shall resume negotiations 
     promptly, and, subject to subsection (c), their last mutual 
     agreement shall be in effect until a new contract is adopted 
     by the Administrator and the bargaining representative. If an 
     agreement is not reached within 45 days after the date on 
     which negotiations resume, the Administrator and the 
     bargaining 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 paragraphs (2)(B), 
     (3), and (4) of section 40122(a) of title 49, United States 
     Code (as amended by subsection (a) of this section).
       (c) Savings Clause.--All cost of living adjustments and 
     other pay increases, lump sum payments to employees, and 
     leave and other benefit accruals implemented as part of the 
     changes referred to in subsection (b) may not be 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 Administration who 
     received lump sum payments prior to their separation from the 
     Administration.
       (d) Back Pay.--
       (1) In general.--Employees subject to changes referred to 
     in subsection (b) that are determined to be null and void 
     under subsection (b) shall be eligible for pay that the 
     employees would have received under the last mutual agreement 
     between the Administrator and the exclusive bargaining 
     representative of such employees before the date of enactment 
     of this Act and any changes were implemented without 
     agreement of the bargaining representative. The Administrator 
     shall pay the employees such pay subject to the availability 
     of amounts appropriated to carry out this subsection. If the 
     appropriated funds do not cover all claims of the employees 
     for such pay, the Administrator and the bargaining 
     representative, pursuant to negotiations conducted in 
     accordance with section 40122(a) of title 49, United States 
     Code (as amended by subsection (a) of this section), shall 
     determine the allocation of the appropriated funds among the 
     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 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 bargaining representative, and subsections (b) and (c) 
     shall not take effect.

     SEC. 602. 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 subparagraph (G);
       (2) by striking the period at the end of subparagraph (H) 
     and inserting ``; and''; and
       (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 commenced 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 actions of the 
     Federal Aviation Administration under section 5596 of such 
     title occurring before 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 Administration occurring before the date of 
     enactment of this Act, shall be limited to cases in which--
       (A) the Board, before such date of enactment, found that 
     the Federal Aviation Administration committed an unjustified 
     or

[[Page H5951]]

     unwarranted personnel action but ruled that the 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. 603. MSPB REMEDIAL AUTHORITY FOR FAA EMPLOYEES.

       Section 40122(g)(3) of title 49, United States Code, is 
     amended by adding at the end the following: ``Notwithstanding 
     any other provision of law, retroactive to April 1, 1996, the 
     Board shall have the same remedial authority over such 
     employee appeals that it had as of March 31, 1996.''.

     SEC. 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 technologies;
       (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;
       (D) identify the amount and cost of FAA systems specialists 
     training provided by vendors;
       (E) identify the amount and cost of FAA systems specialists 
     training provided by the Administration 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 General shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the 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 Federal Aviation Administration shall 
     make appropriate arrangements for the National Academy of 
     Sciences to conduct a study of the assumptions and methods 
     used by the Federal Aviation Administration to estimate 
     staffing needs for FAA systems specialists to ensure proper 
     maintenance and certification of the national airspace 
     system.
       (2) Contents.--The study shall be conducted so as to 
     provide the following:
       (A) A suggested method of modifying FAA systems specialists 
     staffing models for application 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 Administration.
       (4) Report.--Not later than one year after the initiation 
     of the arrangements under subsection (a), the National 
     Academy of Sciences shall submit to Congress a report on the 
     results of the study.

     SEC. 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 Infrastructure of the 
     House of Representatives and the Committee 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 referred 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, improve the Administration's 
     management control of the designee programs, and increase 
     assurance that designees meet the Administration's 
     performance standards; and
       (4) an assessment of the Administration's organizational 
     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 INSPECTORS.

       (a) In General.--Not later than October 31, 2009, the 
     Administrator of the Federal Aviation Administration shall 
     develop a staffing model for aviation safety inspectors. In 
     developing the model, the Administrator shall follow the 
     recommendations outlined in the 2007 study released by the 
     National Academy of Sciences entitled ``Staffing Standards 
     for Aviation Safety Inspectors'' and consult with interested 
     persons, including the exclusive collective bargaining 
     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 of safety 
     critical positions in the Flight Standards Service and 
     Aircraft Certification Service for a fiscal year commensurate 
     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 addition 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 appropriated such sums as may be 
     necessary to support the number of aviation safety 
     inspectors, safety technical specialists, and operation 
     support positions that such model determines are required to 
     meet the responsibilities of the Flight Standards Service.
       (d) Safety Critical Positions Defined.--In this section, 
     the term ``safety critical positions'' means--
       (1) aviation safety inspectors, safety technical 
     specialists, and operations support positions in the Flight 
     Standards Service (as such terms are used in the 
     Administration's fiscal year 2009 congressional budget 
     justification); and
       (2) manufacturing safety inspectors, pilots, engineers, 
     Chief Scientist Technical Advisors, safety technical 
     specialists, and operational support positions 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 Administration 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 system.
       (b) Consultation.--In conducting the study, the National 
     Academy of Sciences shall consult with the exclusive 
     bargaining representative of employees of the FAA certified 
     under section 7111 of title 5, United States Code, the 
     Administrator of the Federal Aviation Administration, and 
     representatives of the Civil Aeronautical Medical Institute.
       (c) Contents.--The study shall include an examination of 
     representative information on human factors, traffic 
     activity, and the technology and equipment used in air 
     traffic control.
       (d) Recommendations and Estimates.--In conducting the 
     study, the National Academy of Sciences shall develop--
       (1) recommendations for the development by the FAA of 
     objective staffing standards to maintain the safety and 
     efficiency of the national airspace system with current and 
     future projected air traffic levels; and
       (2) estimates of cost and schedule for the development of 
     such standards by the FAA or its contractors.
       (e) Report.--Not later than 18 months after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     submit to the Committee on Transportation and 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 Aviation 
     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 Administration 
     transitions to the Next Generation Air Transportation System; 
     and

[[Page H5952]]

       (4) an analysis of various training approaches available to 
     satisfy the controller competencies identified 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 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 Aviation 
     Administration shall conduct a study on training options for 
     graduates of the Collegiate Training Initiative program 
     conducted under section 44506(c) of title 49 United States 
     Code. The study shall analyze the impact of providing as an 
     alternative to the current training provided at the Mike 
     Monroney Aeronautical Center of the Administration a new 
     controller orientation session for graduates of such programs 
     at the Mike Monroney Aeronautical Center followed by on-the-
     job training for newly hired air traffic controllers who are 
     graduates of such program and shall include--
       (1) the cost effectiveness of such an alternative training 
     approach; and
       (2) the effect that such an alternative training approach 
     would have on the overall quality of training 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 Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study.

     SEC. 611. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY 
                   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 referred 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 appointed 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 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, including 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 designate, from 
     among the individuals appointed under subsection (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 appropriate.
       (2) Staff of federal agencies.--Upon request 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 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 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 section.
       (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 department 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 Administration 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 effectively 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 Administration who report 
     facility-related illnesses are treated fairly;
       (F) utilization of scientifically approved remediation 
     techniques in a timely fashion once hazardous conditions are 
     identified in a facility of the Administration; and
       (G) resources allocated to facility maintenance and 
     renovation by the Administration.
       (2) Facility condition indicies (fci).--The Task Force 
     shall review the facility condition indicies of the 
     Administration (in this section referred to as the ``FCI'') 
     for inclusion in the recommendations under subsection (g).
       (g) Recommendations.--Based on the results of the study and 
     review of the FCI under subsection (f), the Task Force shall 
     make recommendations as it considers necessary to--
       (1) prioritize those facilities needing the most immediate 
     attention in order of the greatest risk to employee health 
     and safety;
       (2) ensure that the Administration is using scientifically 
     approved remediation techniques in all facilities; and
       (3) assist the Administration in making programmatic 
     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 Infrastructure 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, 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 Administrator 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report that includes a plan and timeline to 
     implement 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) 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--
       (1) by striking ``March 31, 2009'' and inserting 
     ``September 30, 2012''; and
       (2) by striking ``May 31, 2009'' and inserting ``December 
     31, 2019''.
       (b) Successor Program.--Section 44302(f) is amended by 
     adding at the end the following:
       ``(3) Successor program.--
       ``(A) In general.--After December 31, 2019, coverage for 
     the risks specified in a policy that has been extended under 
     paragraph (1) shall be provided in an airline industry 
     sponsored risk retention or other risk-sharing arrangement 
     approved by the Secretary.
       ``(B) Transfer of premiums.--
       ``(i) In general.--On December 31, 2019, and except as 
     provided in clause (ii), premiums that are collected by the 
     Secretary from the airline industry after September 22, 2001, 
     for any policy under this subsection, and interest earned 
     thereon, as determined by the Secretary, shall be transferred 
     to an airline industry sponsored risk retention or other 
     risk-sharing arrangement approved by the Secretary.
       ``(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 September 22, 2001, through December 31, 2019;
       ``(II) the amount of any claims pending under such policies 
     as of December 31, 2019; and
       ``(III) the cost, as determined by the Secretary, of 
     administering the provision of insurance policies under this 
     chapter from September 22, 2001, through December 31, 
     2019.''.

     SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD PARTY 
                   LIABILITY OF AIR CARRIERS ARISING OUT OF ACTS 
                   OF TERRORISM.

       Section 44303(b) is amended by striking ``May 31, 2009'' 
     and inserting ``December 31, 2012''.

     SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.

       Section 44304 is amended in the second sentence by striking 
     ``the carrier'' and inserting ``any insurance carrier''.

     SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.

       Section 44308(c)(1) is amended in the second sentence by 
     striking ``agent'' and inserting ``agent, or a claims 
     adjuster who is independent of the underwriting agent,''.

[[Page H5953]]

     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 freedom of information 
     act.--Section 552a of title 5, United States Code, shall not 
     apply to disclosures that the Administrator of the Federal 
     Aviation Administration may make from the systems of records 
     of the Administration to any Federal law enforcement, 
     intelligence, protective service, immigration, or national 
     security official in order to assist the official 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 adding at the 
     end the following:

     ``Sec. 40130. FAA access to criminal history records or 
       databases systems

       ``(a) Access to Records or Databases Systems.--
       ``(1) Access to information.--Notwithstanding section 534 
     of title 28, and regulations issued to implement such 
     section, the Administrator of the Federal Aviation 
     Administration may access a system of documented criminal 
     justice information maintained by the Department of Justice 
     or by a State but may do so only for the purpose of carrying 
     out civil and administrative responsibilities of the 
     Administration to protect the safety and security of the 
     national airspace system or to support the missions 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 Administrator 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 information contained in 
     the law enforcement databases of the Department of Justice, 
     or any jurisdiction of a State, in the same manner as a 
     police officer employed by a State or local authority of that 
     State who is certified 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 persons, be-on-the-lookout 
     notices, warrant status, or other officer safety information 
     to which a police officer employed by a State or local 
     authority in that State who is certified or commission under 
     the laws of that State has access and in the same manner as 
     such police officer; or
       ``(3) receive Federal, State, or local government 
     communications with a police officer employed by a State or 
     local authority in that State in the same manner as a police 
     officer employed by a State or local authority in that State 
     who is commissioned under the laws of that State.
       ``(c) System of Documented Criminal Justice Information 
     Defined.--In this section, the term `system 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 Information Center and its 
     incorporated criminal history databases and the National Law 
     Enforcement Telecommunications System.''.
       (b) Clerical Amendment.--The analysis for chapter 401 is 
     amended by adding at the end the following:

``40130. FAA access to criminal history records or databases 
              systems.''.

     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 subsection (d) by 
     striking ``air carrier'' and inserting ``air carrier and 
     foreign air carrier'';
       (5) by striking ``air carriers'' each place it appears and 
     inserting ``air carriers or foreign air carriers'';
       (6) by striking ``air carrier'' each place it appears and 
     inserting ``air carrier or foreign air carrier''; and
       (7) by striking ``air carrier's'' each place it appears and 
     inserting ``air carrier's or foreign air carrier's''.
       (b) Clerical Amendment.--The analysis for chapter 471 is 
     amended by striking the item relating to section 47129 and 
     inserting the following:

``47129. Resolution of airport-carrier disputes concerning airport 
              fees.''.

     SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT 
                   SYSTEMS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     initiate a study to evaluate the formulation of the National 
     Plan of Integrated Airport Systems (in this section referred 
     to as the ``plan'') under section 47103 of title 49, United 
     States Code.
       (b) Contents of Study.--The study shall include a review of 
     the following:
       (1) The criteria used for including airports in the plan 
     and the application of such criteria in the most recently 
     published version of the plan.
       (2) The changes in airport capital needs between fiscal 
     years 2003 and 2008, as reported in the plan, as compared 
     with the amounts apportioned or 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 discretionary grants during such 
     fiscal years with capital needs as reported in the plan.
       (4) The effect of transfers of airport apportionments 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 Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study.
       (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 individual airports.

     SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION.

       (a) In General.--Section 201 of the Railway Labor Act (45 
     U.S.C. 181) is amended--
       (1) by striking ``All'' and inserting ``(a) In 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 employee 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 duties for the express carrier that are 
     eligible for such certification. All other employees of an 
     express carrier shall be covered by the provisions of the 
     National Labor Relations Act (29 U.S.C. 151 et seq.).
       ``(2) Air carrier status.--Any person that is an express 
     carrier shall be governed by paragraph (1) notwithstanding 
     any finding that the person is also a common carrier by air.
       ``(3) Express carrier defined.--In this section, the term 
     `express carrier' means any person (or persons affiliated 
     through common control or ownership) whose primary business 
     is the express shipment of freight or packages through an 
     integrated network of air and surface transportation.''.
       (b) Conforming Amendment.--Section 1 of such Act (45 U.S.C. 
     151) is amended in the first paragraph by 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 FACILITIES.

       (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 referred to as the ``FAA'') a 
     working group to develop criteria 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 composed of--
       (1) the Administrator of the FAA;
       (2) 2 representatives of air carriers;
       (3) 2 representatives of the general aviation community;

[[Page H5954]]

       (4) 2 representatives of labor unions representing 
     employees who work at regional or field facilities of the 
     FAA; and
       (5) 2 representatives of the airport community.
       (c) Report to Congress Containing Recommendations of the 
     Working Group.--
       (1) Submission.--Not later than 6 months after convening 
     the working group, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report containing the 
     criteria and recommendations developed by the working group 
     under this section.
       (2) Contents.--The report shall include a justification for 
     each recommendation to consolidate or realign a service or 
     facility (including a regional office) and a description of 
     the costs and savings associated with the consolidation or 
     realignment.
       (d) Public Notice and Comment.--The Administrator shall 
     publish the report submitted under subsection (c) in the 
     Federal Register and allow 45 days for the submission of 
     public comments. In addition, the Administrator upon request 
     shall hold a public hearing in a community that would be 
     affected by a recommendation in the report.
       (e) Objections.--Any interested person may file with the 
     Administrator a written objection to a recommendation of the 
     working group.
       (f) Report to Congress Containing Recommendations 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 Administrator on realignment of services and facilities 
     (including regional offices) of the FAA and copies of any 
     public comments and objections received by the Administrator 
     under this section.
       (g) Limitation on Implementation of Realignments and 
     Consolidations.--The Administrator may not realign or 
     consolidate any services or facilities (including regional 
     offices) of the FAA before the Administrator has submitted 
     the report under subsection (f).
       (h) FAA Defined.--In this section, the term ``FAA'' means 
     the Federal Aviation Administration.

     SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE FOR 
                   NATIONAL TRANSPORTATION SAFETY BOARD EMPLOYEES.

       Section 1113 is amended by adding at the end the following:
       ``(i) Accidental Death and Dismemberment Insurance.--
       ``(1) Authority to provide insurance.--The Board may 
     procure accidental death and dismemberment insurance for an 
     employee of the Board who travels for an accident 
     investigation or other activity of the Board outside the 
     United States or inside the United States under hazardous 
     circumstances, as 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 recovery based upon tort 
     liability of the United States in connection with the injury 
     or death resulting in the insurance payment.
       ``(3) Treatment of insurance benefits.--Any amounts paid 
     under insurance coverage procured under this subsection shall 
     not--
       ``(A) be considered additional pay or allowances for 
     purposes of section 5536 of title 5; or
       ``(B) offset any benefits an employee may have as a result 
     of government service, including compensation under chapter 
     81 of title 5.
       ``(4) Entitlement to other insurance.--Nothing in this 
     subsection shall be construed as affecting the entitlement of 
     an employee to insurance under section 8704(b) of title 5.''.

     SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE INDUSTRY IN 
                   INTERNATIONAL CHILD ABDUCTION CASES.

       (a) Study.--The Comptroller General shall conduct a study 
     to help determine how the Federal Aviation Administration (in 
     this section referred to as the ``FAA'') could better ensure 
     the collaboration and cooperation of air carriers and foreign 
     air carriers providing air transportation and relevant 
     Federal agencies to develop and enforce child safety control 
     for adults traveling internationally with children.
       (b) Contents.--In conducting the study, the Comptroller 
     General shall examine--
       (1) the nature and scope of exit policies and procedures of 
     the FAA, air carriers, and foreign air carriers and how the 
     enforcement of such policies and procedures is monitored, 
     including ticketing and boarding procedures;
       (2) the extent to which air carriers and foreign air 
     carriers cooperate in the investigations of international 
     child abduction cases, including cooperation with the 
     National Center for Missing and Exploited Children and 
     relevant Federal, State, and local agencies;
       (3) any effective practices, procedures, or lessons learned 
     from the assessment of current practices and procedures of 
     air carriers, foreign air carriers, and operators of other 
     transportation modes that could improve the ability of the 
     aviation community to ensure the safety of children traveling 
     internationally with adults and, as appropriate, enhance the 
     capability of air carriers and foreign air carriers to 
     cooperate in the investigations of international child 
     abduction cases; and
       (4) any liability issues associated with providing 
     assistance in such investigations.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study.

     SEC. 810. LOST NATION AIRPORT, OHIO.

       (a) Approval of Sale.--The Secretary of Transportation may 
     approve the sale of Lost Nation Airport from the city of 
     Willoughby, Ohio, to Lake County, Ohio, if--
       (1) Lake County meets all applicable requirements for 
     sponsorship of the airport; and
       (2) Lake County agrees to assume the obligations and 
     assurances of the grant agreements relating to the airport 
     executed by the city of Willoughby under chapter 471 of title 
     49, United States Code, and to operate and maintain the 
     airport in accordance with such obligations and assurances.
       (b) Grants.--
       (1) In general.--The Secretary may make a grant, from funds 
     made available under section 48103 of title 49, United States 
     Code, to Lake County to assist in Lake County's purchase of 
     the Lost Nation Airport under subsection (a).
       (2) Federal share.--The Federal share of the grant under 
     this subsection shall be for 90 percent of the cost of Lake 
     County's purchase of the Lost Nation Airport, but in no event 
     may the Federal share of the grant exceed $1,220,000.
       (3) Approval.--The Secretary may make a grant under this 
     subsection only if the Secretary receives such written 
     assurances as the Secretary may require under section 47107 
     of title 49, United States Code, with respect to the grant 
     and Lost Nation Airport.
       (c) Treatment of Proceeds From Sale.--The Secretary may 
     grant to the city of Willoughby an exemption from the 
     provisions of sections 47107 and 47133 of such title, any 
     grant obligations of the city of Willoughby, and regulations 
     and policies of the Federal Aviation Administration to the 
     extent necessary to allow the city of Willoughby to use the 
     proceeds from the sale approved under subsection (a) for any 
     purpose authorized by the city of Willoughby.

     SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA.

       (a) Findings.--Congress finds that--
       (1) Pollock Municipal Airport located in Pollock, Louisiana 
     (in this section referred to as the ``airport''), has never 
     been included in the National Plan of Integrated Airport 
     Systems pursuant to section 47103 of title 49, United States 
     Code, and is therefore not considered necessary to meet the 
     current or future needs of the national aviation system; and
       (2) closing the airport will not adversely affect aviation 
     safety, aviation capacity, or air commerce.
       (b) Request for Closure.--
       (1) Approval.--Notwithstanding any other provision of law, 
     requirement, or agreement and subject to the requirements of 
     this section, the Administrator of the Federal Aviation 
     Administration shall--
       (A) approve a request from the town of Pollock, Louisiana, 
     to close the airport as a public airport; and
       (B) release the town from any term, condition, reservation, 
     or restriction contained in a surplus property conveyance or 
     transfer document, and from any order or finding by the 
     Department of Transportation on the use and repayment of 
     airport revenue applicable to the airport, that would 
     otherwise prevent the closure of the airport and 
     redevelopment of the facilities to nonaeronautical uses.
       (2) Continued airport operation prior to approval.--The 
     town of Pollock shall continue to operate and maintain the 
     airport until the Administrator grants the town's request for 
     closure of the airport.
       (3) Use of proceeds from sale of airport.--Upon the 
     approval of the request to close the airport, the town of 
     Pollock shall obtain fair market value for the sale of the 
     airport property and shall immediately upon receipt transfer 
     all such proceeds from the sale of the airport property to 
     the sponsor of a public airport designated by the 
     Administrator to be used for the development or improvement 
     of such airport.
       (4) Relocation of aircraft.--Before closure of the airport, 
     the town of Pollock shall provide adequate time for any 
     airport-based aircraft to relocate.

     SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY PROGRAM.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall develop a human intervention 
     and motivation study program for flight crewmembers involved 
     in air carrier operations in the United States under part 121 
     of title 14, Code of Federal Regulations.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of fiscal years 2009 through 2012. Such 
     sums shall remain available until expended.

     SEC. 813. WASHINGTON, DC, AIR DEFENSE IDENTIFICATION ZONE.

       (a) Submission of Plan to Congress.--Not later than 90 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Aviation Administration, in consultation with 
     Secretary of Homeland Security and Secretary of Defense, 
     shall submit

[[Page H5955]]

     to the Committee on Transportation and Infrastructure and 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a plan for the Washington, DC, 
     Air Defense Identification Zone.
       (b) Contents of Plan.--The plan shall outline specific 
     changes to the Washington, DC, Air Defense Identification 
     Zone that will decrease operational impacts and improve 
     general aviation access to airports in the National Capital 
     Region that are currently impacted by the zone.

     SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA.

       (a) In General.--Notwithstanding any other provision of 
     law, including the Federal Airport Act (as in effect on 
     August 8, 1958), the United States releases, without monetary 
     consideration, all restrictions, conditions, and limitations 
     on the use, encumbrance, or conveyance of certain land 
     located in the municipality of Anchorage, Alaska, more 
     particularly described as Tracts 22 and 24 of the Fourth 
     Addition to the Town Site of Anchorage, Alaska, as shown on 
     the plat of U.S. Survey No. 1456, accepted June 13, 1923, on 
     file in the Bureau of Land Management, Department of 
     Interior.
       (b) Grants.--Notwithstanding any other provision of law, 
     the municipality of Anchorage shall be released from the 
     repayment of any outstanding grant obligations owed by the 
     municipality to the Federal Aviation Administration with 
     respect to any land described in subsection (a) that is 
     subsequently conveyed to or used by the Department of 
     Transportation and Public Facilities of the State of Alaska 
     for the construction or reconstruction of a federally 
     subsidized highway project.

     SEC. 815. 1940 AIR TERMINAL MUSEUM AT WILLIAM P. HOBBY 
                   AIRPORT, HOUSTON, TEXAS.

       It is the sense of Congress that the Nation--
       (1) supports the goals and ideals of the 1940 Air Terminal 
     Museum located at William P. Hobby Airport in the city of 
     Houston, Texas;
       (2) congratulates the city of Houston and the 1940 Air 
     Terminal Museum on the 80-year history of William P. Hobby 
     Airport and the vital role of the airport in Houston's and 
     the Nation's transportation infrastructure; and
       (3) recognizes the 1940 Air Terminal Museum for its 
     importance to the Nation in the preservation and presentation 
     of civil aviation heritage and recognizes the importance of 
     civil aviation to the Nation's history and economy.

     SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE 
                   TO FLIGHT CREWMEMBERS.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall initiate a rulemaking proceeding for the following 
     purposes:
       (1) To require a flight crewmember who is employed by an 
     air carrier conducting operations under part 121 of title 14, 
     Code of Federal Regulations, and who accepts an additional 
     assignment for flying under part 91 of such title from the 
     air carrier or from any other air carrier conducting 
     operations under part 121 or 135 of such title, to apply the 
     period of the additional assignment (regardless of whether 
     the assignment is performed by the flight crewmember before 
     or after an assignment to fly under part 121 of such title) 
     toward any limitation applicable to the flight crewmember 
     relating to duty periods or flight times under part 121 of 
     such title.
       (2) To require a flight crewmember who is employed by an 
     air carrier conducting operations under part 135 of title 14, 
     Code of Federal Regulations, and who accepts an additional 
     assignment for flying under part 91 of such title from the 
     air carrier or any other air carrier conducting operations 
     under part 121 or 135 of such title, to apply the period of 
     the additional assignment (regardless of whether the 
     assignment is performed by the flight crewmember before or 
     after an assignment to fly under part 135 of such title) 
     toward any limitation applicable to the flight crewmember 
     relating to duty periods or flight times under part 135 of 
     such title.

     SEC. 817. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT 
                   PROPERTIES.

       (a) In General.--Not later than one year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall establish a pilot program at up 
     to 4 public-use airports (as defined in section 47102 of 
     title 49, United States Code) that have a noise compatibility 
     program approved by the Administrator under section 47504 of 
     such title.
       (b) Grants.--Under the pilot program, the Administrator may 
     make a grant in a fiscal year, from funds made available 
     under section 47117(e)(1)(A) of such title, to the operator 
     of an airport participating in the pilot program--
       (1) to support joint planning (including planning described 
     in section 47504(a)(2)(F) of such title), engineering design, 
     and environmental permitting for the assembly and 
     redevelopment of real property purchased with noise 
     mitigation funds made available under section 48103 or 
     passenger facility revenues collected for the airport under 
     section 40117 of such title; and
       (2) to encourage compatible land uses with the airport and 
     generate economic benefits to the airport operator and an 
     affected local jurisdiction.
       (c) Grant Requirements.--The Administrator may not make a 
     grant under this section unless the grant is made--
       (1) to enable the airport operator and an affected local 
     jurisdiction to expedite their noise mitigation redevelopment 
     efforts with respect to real property described in subsection 
     (b)(1);
       (2) subject to a requirement that the affected local 
     jurisdiction has adopted zoning regulations that permit 
     compatible redevelopment of real property described in 
     subsection (b)(1); and
       (3) subject to a requirement that funds made available 
     under section 47117(e)(1)(A) with respect to real property 
     assembled and redeveloped under subsection (b)(1) plus the 
     amount of any grants made for acquisition of such property 
     under section 47504 of such title are repaid to the 
     Administrator upon the sale of such property.
       (d) Cooperation With Local Affected Jurisdiction.--An 
     airport operator may use funds granted under this section for 
     a purpose described in subsection (b) only in cooperation 
     with an affected local jurisdiction.
       (e) United States Government Share.--
       (1) In general.--The United States Government share of the 
     allowable costs of a project carried out under the pilot 
     program shall be 80 percent.
       (2) Determination.--In determining the allowable project 
     costs of a project carried out under the pilot program for 
     purposes of this subsection, the Administrator shall deduct 
     from the total costs of the project that portion of the total 
     costs of the project that are incurred with respect to real 
     property that is not owned or to be acquired by the airport 
     operator pursuant to the noise compatibility program for the 
     airport or that is not owned by an affected local 
     jurisdiction or other public entity.
       (3) Maximum amount.--Not more than $5,000,000 in funds made 
     available under section 47117(e) of title 49, United States 
     Code, may be expended under this pilot program at any single 
     public-use airport.
       (f) Special Rules for Repaid Funds.--The amounts repaid to 
     the Administrator with respect to an airport under subsection 
     (c)(3)--
       (1) shall be available to the Administrator for the 
     following actions giving preference to such actions in 
     descending order:
       (A) reinvestment in an approved noise compatibility project 
     at the airport;
       (B) reinvestment in another project at the airport that is 
     available for funding under section 47117(e) of title 49, 
     United States Code;
       (C) reinvestment in an approved airport development project 
     at the airport that is eligible for funding under section 
     47114, 47115, or 47117 of such title;
       (D) reinvestment in approved noise compatibility project at 
     any other public airport; and
       (E) deposit in the Airport and Airway Trust Fund 
     established under section 9502 of the Internal Revenue Code 
     of 1986 (26 U.S.C. 9502);
       (2) shall be in addition to amounts authorized under 
     section 48103 of title 49, United States Code; and
       (3) shall remain available until expended.
       (g) Use of Passenger Facility Revenue.--An operator of an 
     airport participating in the pilot program may use passenger 
     facility revenue collected for the airport under section 
     40117 of title 49, United States Code, to pay the portion of 
     the total cost of a project carried out by the operator under 
     the pilot program that are not allowable under subsection 
     (e)(2).
       (h) Sunset.--The Administrator may not make a grant under 
     the pilot program after September 30, 2012.
       (i) Report to Congress.--Not later than the last day of the 
     30th month following the date on which the first grant is 
     made under this section, the Administrator shall report to 
     Congress on the effectiveness of the pilot program on 
     returning real property purchased with noise mitigation funds 
     made available under section 47117(e)(1)(A) or 47505 or 
     passenger facility revenues to productive use.
       (j) Noise Compatibility Measures.--Section 47504(a)(2) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (D);
       (2) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) joint comprehensive land use planning, including 
     master plans, traffic studies, environmental evaluation and 
     economic and feasibility studies, with neighboring local 
     jurisdictions undertaking community redevelopment in the area 
     where any land or other property interest acquired by the 
     airport operator under this subsection is located, to 
     encourage and enhance redevelopment opportunities that 
     reflect zoning and uses that will prevent the introduction of 
     additional incompatible uses and enhance redevelopment 
     potential.''.

     SEC. 818. HELICOPTER OPERATIONS OVER LONG ISLAND AND STATEN 
                   ISLAND, NEW YORK.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on helicopter operations 
     over Long Island and Staten Island, New York.
       (b) Contents.--In conducting the study, the Administrator 
     shall examine, at a minimum, the following:
       (1) The effect of helicopter operations on residential 
     areas, including--
       (A) safety issues relating to helicopter operations;

[[Page H5956]]

       (B) noise levels relating to helicopter operations and ways 
     to abate the noise levels; and
       (C) any other issue relating to helicopter operations on 
     residential areas.
       (2) The feasibility of diverting helicopters from 
     residential areas.
       (3) The feasibility of creating specific air lanes for 
     helicopter operations.
       (4) The feasibility of establishing altitude limits for 
     helicopter operations.
       (c) Exceptions.--Any determination under this section on 
     the feasibility of establishing limitations or restrictions 
     for helicopter operations over Long Island and Staten Island, 
     New York, shall not apply to helicopters performing 
     operations for news organizations, the military, law 
     enforcement, or providers of emergency services.
       (d) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to interfere with the Federal 
     Aviation Administration's authority to ensure the safe and 
     efficient use of the national airspace system.
       (e) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the study, including 
     information and recommendations concerning the issues 
     examined under subsection (b).

     SEC. 819. CABIN TEMPERATURE STANDARDS STUDY.

       (a) Study.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall conduct a study to determine 
     whether onboard temperature standards are necessary to 
     protect cabin and cockpit crew members and passengers on an 
     aircraft of an air carrier used to provide air transportation 
     from excessive heat onboard such aircraft during standard 
     operations or during an excessive flight delay.
       (b) Temperature Review.--In conducting the study under 
     subsection (a), the Administrator shall--
       (1) survey onboard cabin and cockpit temperatures of a 
     representative sampling of different aircraft types and 
     operations;
       (2) address the appropriate placement of temperature 
     monitoring devices onboard the aircraft to determine the most 
     accurate measurement of onboard temperature and develop a 
     system for the reporting of excessive temperature onboard 
     passenger aircraft by cockpit and cabin crew members; and
       (3) review the impact of implementing such onboard 
     temperature standards on the environment, fuel economy, and 
     avionics and determine the costs associated with such 
     implementation and the feasibility of using ground equipment 
     or other mitigation measures to offset any such costs.
       (c) Report to Congress.--Not later than 18 months after the 
     date of enactment of this Act, the Administrator shall submit 
     to Congress a report on the findings of the study.

     SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS.

       Section 46301 is amended--
       (1) in subsection (a)(1)(A) by inserting ``chapter 451,'' 
     before ``section 47107(b)'';
       (2) in subsection (a)(5)(A)(i)--
       (A) by striking ``or chapter 449'' and inserting ``chapter 
     449''; and
       (B) by inserting after ``44909)'' the following: ``, or 
     chapter 451''; and
       (3) in subsection (d)(2)--
       (A) by inserting after ``44723)'' the following: ``, 
     chapter 451 (except section 45107)''; and
       (B) by inserting after ``44909),'' the following: ``section 
     45107 or''.

     SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGESTION.

       Not later than 18 months after the date of enactment of 
     this Act, the Comptroller General shall conduct a study and 
     submit a report to Congress regarding effective strategies to 
     alleviate congestion in the national airspace at airports 
     during peak travel times, by evaluating the effectiveness of 
     reducing flight schedules and staggering flights, developing 
     incentives for airlines to reduce the number of flights 
     offered, and instituting slots and quotas at airports. In 
     addition, the Comptroller General shall compare the 
     efficiency of implementing the strategies in the preceding 
     sentence with redesigning airspace and evaluate any legal 
     obstacles to implementing such strategies.

     SEC. 822. AIRLINE PERSONNEL TRAINING ENHANCEMENT.

       Not later than one year after the date of enactment of this 
     Act, the Secretary of Transportation shall issue regulations 
     under chapter 447 of title 49, United States Code, that 
     require air carriers to provide initial and annual recurring 
     training for flight attendants and gate attendants regarding 
     serving alcohol, dealing with disruptive passengers, and 
     recognizing intoxicated persons. The training shall include 
     situational training on methods of handling an intoxicated 
     person who is belligerent.

     SEC. 823. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC 
                   INTERNET WEB-BASED SEARCH ENGINE ON WIND 
                   TURBINE INSTALLATION OBSTRUCTION.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall carry out a study on the feasibility of 
     developing a publicly searchable, Internet Web-based resource 
     that provides information regarding the acceptable height and 
     distance that wind turbines may be installed in relation to 
     aviation sites and the level of obstruction such turbines may 
     present to such sites.
       (b) Considerations.--In conducting the study, the 
     Administrator shall consult, if appropriate, with the 
     Secretaries of the Army, Navy and Air Force, Homeland 
     Security, Agriculture, and Energy to coordinate the 
     requirements of each agency for future air space needs, 
     determine what the acceptable risks are to existing 
     infrastructure of each agency, and define the different 
     levels of risk for such infrastructure.
       (c) Impact of Wind Turbines on Radar Signals.--In 
     conducting the study, the Administrator shall consider the 
     impact of the operation of wind turbines, individually and in 
     collections, on radar signals and evaluate the feasibility of 
     providing quantifiable measures of numbers of turbines and 
     distance from radars that are acceptable.
       (d) Report.--Not later than one year after the date of 
     enactment of this Act, the Secretary shall submit a report on 
     the results of the study to the Committee on Transportation 
     and Infrastructure, Committee on Homeland Security, Committee 
     on Armed Services, Committee on Agriculture, and Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation, 
     Committee on Homeland Security and Governmental Affairs, 
     Committee on Agriculture, Nutrition, and Forestry, 
     andCommittee on Armed Services of the Senate.

     SEC. 824. WIND TURBINE LIGHTING.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on wind turbine lighting 
     systems.
       (b) Contents.--In conducting the study, the Administrator 
     shall examine the following:
       (1) The effect of wind turbine lighting on residential 
     areas.
       (2) The safety issues associated with alternative lighting 
     strategies, technologies, and regulations.
       (3) Potential energy savings associated with alternative 
     lighting strategies, technologies, and regulations.
       (4) The feasibility of implementing alternative lighting 
     strategies or technologies.
       (5) Any other issue relating to wind turbine lighting.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the study, including 
     information and recommendations concerning the issues 
     examined under subsection (b).

     SEC. 825. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO 
                   AIRCRAFT.

       (a) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration, in consultation with appropriate air 
     carriers, aircraft manufacturers, and air carrier labor 
     representatives, shall conduct a study to identify a physical 
     means, or a combination of physical and procedural means, of 
     limiting access to the flight decks of all-cargo aircraft to 
     authorized flight crew members.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the study.

          TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Federal Aviation Research 
     and Development Reauthorization Act of 2009''.

     SEC. 902. DEFINITIONS.

       As used in this title, the following definition apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) FAA.--The term ``FAA'' means the Federal Aviation 
     Administration.
       (3) NASA.--The term ``NASA'' means the National Aeronautics 
     and Space Administration.
       (4) National research council.--The term ``National 
     Research Council'' means the National Research Council of the 
     National Academies of Science and Engineering.
       (5) NOAA.--The term ``NOAA'' means the National Oceanic and 
     Atmospheric Administration.
       (6) NSF.--The term ``NSF'' means the National Science 
     Foundation.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

     SEC. 903. INTERAGENCY RESEARCH INITIATIVE ON THE IMPACT OF 
                   AVIATION ON THE CLIMATE.

       (a) In General.--The Administrator, in coordination with 
     NASA and the United States Climate Change Science Program, 
     shall carry out a research initiative to assess the impact of 
     aviation on the climate and, if warranted, to evaluate 
     approaches to mitigate that impact.
       (b) Research Plan.--Not later than one year after the date 
     of enactment of this Act, the participating Federal entities 
     shall jointly develop a plan for the research program that 
     contains the objectives, proposed tasks, milestones, and 5-
     year budgetary profile.

     SEC. 904. RESEARCH PROGRAM ON RUNWAYS.

       (a) Research Program.--The Administrator shall maintain a 
     program of research grants to universities and nonprofit 
     research foundations for research and technology 
     demonstrations related to--
       (1) improved runway surfaces; and
       (2) engineered material restraining systems for runways at 
     both general aviation airports and airports with commercial 
     air carrier operations.

[[Page H5957]]

       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary for each of 
     the fiscal years 2009 through 2012 to carry out this section.

     SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.

       (a) Establishment of Program.--Not later than 6 months 
     after the date of enactment of this Act, the FAA, in 
     consultation with other agencies as appropriate, shall 
     establish a research program on methods to improve both 
     confidence in and the timeliness of certification of new 
     technologies for their introduction into the national 
     airspace system.
       (b) Research Plan.--Not later than 1 year after the date of 
     enactment of this Act, as part of the activity described in 
     subsection (a), the FAA shall develop a plan for the research 
     program that contains the objectives, proposed tasks, 
     milestones, and five-year budgetary profile.
       (c) Review.--The Administrator shall have the National 
     Research Council conduct an independent review of the 
     research program plan and provide the results of that review 
     to the Committee on Science and Technology and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate not later than 18 months after 
     the date of enactment of this Act.

     SEC. 906. CENTERS OF EXCELLENCE.

       (a) Government's Share of Costs.--Section 44513(f) is 
     amended to read as follows:
       ``(f) Government's Share of Costs.--The United States 
     Government's share of establishing and operating the center 
     and all related research activities that grant recipients 
     carry out shall not exceed 75 percent of the costs. The 
     United States Government's share of an individual grant under 
     this section shall not exceed 90 percent of the costs.''.
       (b) Annual Report.--The Administrator shall transmit 
     annually to the Committee on Science and Technology and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate at the time of the 
     President's budget request a report that lists--
       (1) the research projects that have been initiated by each 
     Center of Excellence in the preceding year;
       (2) the amount of funding for each research project and the 
     funding source;
       (3) the institutions participating in each project and 
     their shares of the overall funding for each research 
     project; and
       (4) the level of cost-sharing for each research project.

     SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM.

       Section 44511(f) is amended--
       (1) in paragraph (1) by striking ``establish a 4-year 
     pilot'' and inserting ``maintain an''; and
       (2) in paragraph (4)--
       (A) by striking ``expiration of the program'' and inserting 
     ``expiration of the pilot program''; and
       (B) by striking ``program, including recommendations as to 
     the need for establishing a permanent airport cooperative 
     research program'' and inserting ``program''.

     SEC. 908. UNMANNED AIRCRAFT SYSTEMS.

       (a) Research Initiative.--Section 44504(b) is amended--
       (1) in paragraph (6) by striking ``and'' after the 
     semicolon;
       (2) in paragraph (7) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(8) in conjunction with other Federal agencies, as 
     appropriate, to develop technologies and methods to assess 
     the risk of and prevent defects, failures, and malfunctions 
     of products, parts, and processes, for use in all classes of 
     unmanned aircraft systems that could result in a catastrophic 
     failure of the unmanned aircraft that would endanger other 
     aircraft in the national airspace system.''.
       (b) Systems, Procedures, Facilities, and Devices.--Section 
     44505(b) is amended--
       (1) in paragraph (4) by striking ``and'' after the 
     semicolon;
       (2) in paragraph (5)(C) by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) to develop a better understanding of the relationship 
     between human factors and unmanned aircraft systems safety; 
     and
       ``(7) to develop dynamic simulation models for integrating 
     all classes of unmanned aircraft systems into the national 
     airspace system without any degradation of existing levels of 
     safety for all national airspace system users.''.

     SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE 
                   STUDENTS.

       (a) In General.--The Administrator shall establish a 
     program to utilize colleges and universities, including 
     Historically Black Colleges and Universities, Hispanic 
     serving institutions, tribally controlled colleges and 
     universities, and Alaska Native and Native Hawaiian serving 
     institutions in conducting research by undergraduate students 
     on subjects of relevance to the FAA. Grants may be awarded 
     under this section for--
       (1) research projects to be carried out primarily by 
     undergraduate students;
       (2) research projects that combine undergraduate research 
     with other research supported by the FAA;
       (3) research on future training requirements related to 
     projected changes in regulatory requirements for aircraft 
     maintenance and power plant licensees; and
       (4) research on the impact of new technologies and 
     procedures, particularly those related to aircraft flight 
     deck and air traffic management functions, and on training 
     requirements for pilots and air traffic controllers.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2009 through 2012, for research grants under this section.

     SEC. 910. AVIATION GAS RESEARCH AND DEVELOPMENT PROGRAM.

       (a) Continuation of Program.--The Administrator, in 
     coordination with the NASA Administrator, shall continue 
     research and development activities into technologies for 
     modification of existing general aviation piston engines to 
     enable their safe operation using unleaded aviation fuel.
       (b) Roadmap.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator shall develop a 
     research and development roadmap for the program continued in 
     subsection (a), containing the specific research and 
     development objectives and the anticipated timetable for 
     achieving the objectives.
       (c) Report.--Not later than 130 days after the date of 
     enactment of this Act, the Administrator shall provide the 
     roadmap specified in subsection (b) to the Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $750,000 for each of the fiscal years 2009 
     through 2012 to carry out this section.

     SEC. 911. REVIEW OF FAA'S ENERGY- AND ENVIRONMENT-RELATED 
                   RESEARCH PROGRAMS.

       (a) Study.--The Administrator shall enter into an 
     arrangement with the National Research Council for a review 
     of the FAA's energy- and environment-related research 
     programs. The review shall assess whether--
       (1) the programs have well-defined, prioritized, and 
     appropriate research objectives;
       (2) the programs are properly coordinated with the energy- 
     and environment-related research programs of NASA, NOAA, and 
     other relevant agencies;
       (3) the programs have allocated appropriate resources to 
     each of the research objectives; and
       (4) there exist suitable mechanisms for transitioning the 
     research results into the FAA's operational technologies and 
     procedures and certification activities.
       (b) Report.--A report containing the results of the review 
     shall be provided to the Committee on Science and Technology 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate within 18 
     months of the enactment of this Act.

     SEC. 912. REVIEW OF FAA'S AVIATION SAFETY-RELATED RESEARCH 
                   PROGRAMS.

       (a) Review.--The Administrator shall enter into an 
     arrangement with the National Research Council for an 
     independent review of the FAA's aviation safety-related 
     research programs. The review shall assess whether--
       (1) the programs have well-defined, prioritized, and 
     appropriate research objectives;
       (2) the programs are properly coordinated with the safety 
     research programs of NASA and other relevant Federal 
     agencies;
       (3) the programs have allocated appropriate resources to 
     each of the research objectives; and
       (4) there exist suitable mechanisms for transitioning the 
     research results from the programs into the FAA's operational 
     technologies and procedures and certification activities in a 
     timely manner.
       (b) Aviation Safety-Related Research Programs To Be 
     Assessed.--The FAA aviation safety-related research programs 
     to be assessed under the review shall include, at a minimum, 
     the following:
       (1) Air traffic control/technical operations human factors.
       (2) Runway incursion reduction.
       (3) Flightdeck/maintenance system integration human 
     factors.
       (4) Airports technology research--safety.
       (5) Airport cooperative research program--safety.
       (6) Weather program.
       (7) Atmospheric hazards/digital system safety.
       (8) Fire research and safety.
       (9) Propulsion and fuel systems.
       (10) Advanced materials/structural safety.
       (11) Aging aircraft.
       (12) Aircraft catastrophic failure prevention research.
       (13) Aeromedical research.
       (14) Aviation safety risk analysis.
       (15) Unmanned aircraft systems research.
       (c) Report.--Not later than 14 months after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the review.
       (d) Authorization of Appropriations.--In addition to 
     amounts authorized to be appropriated by the amendments made 
     by this Act, there is authorized to be appropriated $700,000 
     for fiscal year 2009 to carry out this section.

[[Page H5958]]

     SEC. 913. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY 
                   FOR CIVIL AIRCRAFT.

       (a) Establishment of Research Program.--Using amounts made 
     available under section 48102(a) of title 49, United States 
     Code, the Secretary of Transportation shall conduct a 
     research program related to developing jet fuel from 
     alternative sources (such as coal, natural gas, biomass, 
     ethanol, butanol, and hydrogen) through grants or other 
     measures authorized under section 106(l)(6) of such title, 
     including reimbursable agreements with other Federal 
     agencies.
       (b) Participation by Educational and Research 
     Institutions.--In conducting the program, the Secretary shall 
     provide for participation by educational and research 
     institutions that have existing facilities and experience in 
     the development and deployment of technology for alternative 
     jet fuels.
       (c) Designation of Institute as a Center of Excellence.--
     Not later than 6 months after the date of enactment of this 
     Act, the Administrator of the Federal Aviation Administration 
     shall designate an institution described in subsection (a) as 
     a Center of Excellence for Alternative Jet Fuel Research.

     SEC. 914. CENTER FOR EXCELLENCE IN AVIATION EMPLOYMENT.

       (a) Establishment.--The Administrator shall establish a 
     Center for Excellence in Aviation Employment (in this section 
     referred to as the ``Center'').
       (b) Applied Research and Training.--The Center shall 
     conduct applied research and training on--
       (1) human performance in the air transportation 
     environment;
       (2) air transportation personnel, including air traffic 
     controllers, pilots, and technicians; and
       (3) any other aviation human resource issues pertinent to 
     developing and maintaining a safe and efficient air 
     transportation system.
       (c) Duties.--The Center shall--
       (1) in conjunction with the Collegiate Training Initiative 
     and other air traffic controller training programs, develop, 
     implement, and evaluate a comprehensive, best-practices based 
     training program for air traffic controllers;
       (2) work with the Office of Human Resource Management of 
     the FAA as that office develops and implements a strategic 
     recruitment and marketing program to help the FAA compete for 
     the best qualified employees and incorporate an employee 
     value proposition process that results in attracting a broad-
     based and diverse aviation workforce in mission critical 
     positions, including air traffic controller, aviation safety 
     inspector, airway transportation safety specialist, and 
     engineer;
       (3) through industry surveys and other research 
     methodologies and in partnership with the ``Taskforce on the 
     Future of the Aerospace Workforce'' and the Secretary of 
     Labor, establish a baseline of general aviation employment 
     statistics for purposes of projecting and anticipating future 
     workforce needs and demonstrating the economic impact of 
     general aviation employment;
       (4) conduct a comprehensive analysis of the airframe and 
     powerplant technician certification process and employment 
     trends for maintenance repair organization facilities, 
     certificated repair stations, and general aviation 
     maintenance organizations;
       (5) establish a best practices model in aviation 
     maintenance technician school environments; and
       (6) establish a workforce retraining program to allow for 
     transition of recently unemployed and highly skilled 
     mechanics into aviation employment.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator such sums as may be 
     necessary to carry out this section. Such sums shall remain 
     available until expended.

            TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Airport and Airway Trust 
     Fund Financing Act of 2009''.

     SEC. 1002. EXTENSION AND MODIFICATION OF TAXES FUNDING 
                   AIRPORT AND AIRWAY TRUST FUND.

       (a) Rate of Tax on Aviation-Grade Kerosene and Aviation 
     Gasoline.--
       (1) Aviation-grade kerosene.--Subparagraph (A) of section 
     4081(a)(2) of the Internal Revenue Code of 1986 (relating to 
     rates of tax) is amended by striking ``and'' at the end of 
     clause (ii), by striking the period at the end of clause 
     (iii) and inserting ``, and'', and by adding at the end the 
     following new clause:
       ``(iv) in the case of aviation-grade kerosene, 35.9 cents 
     per gallon.''.
       (2) Aviation gasoline.--Clause (ii) of section 
     4081(a)(2)(A) of such Code is amended by striking ``19.3 
     cents'' and inserting ``24.1 cents''.
       (3) Fuel removed directly into fuel tank of airplane used 
     in noncommercial aviation.--Subparagraph (C) of section 
     4081(a)(2) of such Code is amended to read as follows:
       ``(C) Taxes imposed on fuel used in commercial aviation.--
     In the case of aviation-grade kerosene which is removed from 
     any refinery or terminal directly into the fuel tank of an 
     aircraft for use in commercial aviation by a person 
     registered for such use under section 4101, the rate of tax 
     under subparagraph (A)(iv) shall be 4.3 cents per gallon.''.
       (4) Conforming amendments.--
       (A) Clause (iii) of section 4081(a)(2)(A) of such Code is 
     amended by inserting ``other than aviation-grade kerosene'' 
     after ``kerosene''.
       (B) The following provisions of such Code are each amended 
     by striking ``kerosene'' and inserting ``aviation-grade 
     kerosene'':
       (i) Section 4081(a)(3)(A)(ii).
       (ii) Section 4081(a)(3)(A)(iv).
       (iii) Section 4081(a)(3)(D).
       (C) Section 4081(a)(3)(D) of such Code is amended--
       (i) by striking ``paragraph (2)(C)(i)'' in clause (i) and 
     inserting ``paragraph (2)(C)'', and
       (ii) by striking ``paragraph (2)(C)(ii)'' in clause (ii) 
     and inserting ``paragraph (2)(A)(iv)''.
       (D) Section 4081(a)(4) of such Code is amended--
       (i) by striking ``paragraph (2)(C)(i)'' and inserting 
     ``paragraph (2)(C)'', and
       (ii) by striking ``kerosene'' in the heading and inserting 
     ``aviation-grade kerosene''.
       (E) Section 4081(d)(2) of such Code is amended by inserting 
     ``, (a)(2)(A)(iv),'' after ``subsections (a)(2)(A)(ii)''.
       (b) Extension.--
       (1) Fuels taxes.--Paragraph (2) of section 4081(d) of such 
     Code is amended by striking ``gallon--'' and all that follows 
     and inserting ``gallon after September 30, 2012''.
       (2) Taxes on transportation of persons and property.--
       (A) Persons.--Clause (ii) of section 4261(j)(1)(A) of such 
     Code is amended by striking ``September 30, 2009'' and 
     inserting ``September 30, 2012''.
       (B) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``September 30, 2009'' and 
     inserting ``September 30, 2012''.
       (c) Exemption for Aviation-Grade Kerosene Removed Into an 
     Aircraft.--Subsection (e) of section 4082 of such Code is 
     amended--
       (1) by striking ``kerosene'' and inserting ``aviation-grade 
     kerosene'',
       (2) by striking ``section 4081(a)(2)(A)(iii)'' and 
     inserting ``section 4081(a)(2)(A)(iv)'', and
       (3) by striking ``Kerosene'' in the heading and inserting 
     ``Aviation-Grade Kerosene''.
       (d) Retail Tax on Aviation Fuel.--
       (1) Exemption for previously taxed fuel.--Paragraph (2) of 
     section 4041(c) of such Code is amended by inserting ``at the 
     rate specified in subsection (a)(2)(A)(iv) thereof'' after 
     ``section 4081''.
       (2) Rate of tax.--Paragraph (3) of section 4041(c) of such 
     Code is amended to read as follows:
       ``(3) Rate of tax.--The rate of tax imposed by this 
     subsection shall be the rate of tax in effect under section 
     4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any 
     sale or use for commercial aviation).''.
       (e) Refunds Relating to Aviation-Grade Kerosene.--
       (1) Kerosene used in commercial aviation.--Clause (ii) of 
     section 6427(l)(4)(A) of such Code is amended by striking 
     ``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the 
     case may be,'' and inserting ``so imposed''.
       (2) Kerosene used in aviation.--Paragraph (4) of section 
     6427(l) of such Code is amended--
       (A) by striking subparagraph (B) and redesignating 
     subparagraph (C) as subparagraph (B), and
       (B) by amending subparagraph (B), as redesignated by 
     subparagraph (A), to read as follows:
       ``(B) Payments to ultimate, registered vendor.--With 
     respect to any kerosene used in aviation (other than kerosene 
     to which paragraph (6) applies), if the ultimate purchaser of 
     such kerosene waives (at such time and in such form and 
     manner as the Secretary shall prescribe) the right to payment 
     under paragraph (1) and assigns such right to the ultimate 
     vendor, then the Secretary shall pay (without interest) the 
     amount which would be paid under paragraph (1) to such 
     ultimate vendor, but only if such ultimate vendor--
       ``(i) is registered under section 4101, and
       ``(ii) meets the requirements of subparagraph (A), (B), or 
     (D) of section 6416(a)(1).''.
       (3) Aviation-grade kerosene not used in aviation.--
     Subsection (l) of section 6427 of such Code is amended by 
     redesignating paragraph (5) as paragraph (6) and by inserting 
     after paragraph (4) the following new paragraph:
       ``(5) Refunds for aviation-grade kerosene not used in 
     aviation.--If tax has been imposed under section 4081 at the 
     rate specified in section 4081(a)(2)(A)(iv) and the fuel is 
     used other than in an aircraft, the Secretary shall pay 
     (without interest) to the ultimate purchaser of such fuel an 
     amount equal to the amount of tax imposed on such fuel 
     reduced by the amount of tax that would be imposed under 
     section 4041 if no tax under section 4081 had been 
     imposed.''.
       (4) Conforming amendments.--
       (A) Section 6427(i)(4) of such Code is amended--
       (i) by striking ``paragraph (4)(C) or (5)'' both places it 
     appears and inserting ``paragraph (4)(B) or (6)'', and
       (ii) by striking ``, (l)(4)(C)(ii), and (l)(5)'' and 
     inserting ``and (l)(6)''.
       (B) Section 6427(l)(1) of such Code is amended by striking 
     ``paragraph (4)(C)(i)'' and inserting ``paragraph 
     (4)(B)(i)''.
       (C) Section 4082(d)(2)(B) of such Code is amended by 
     striking ``6427(l)(5)(B)'' and inserting ``6427(l)(6)(B)''.
       (f) Airport and Airway Trust Fund.--
       (1) Extension of trust fund authorities.--

[[Page H5959]]

       (A) Expenditures from trust fund.--Paragraph (1) of section 
     9502(d) of such Code is amended--
       (i) by striking ``October 1, 2009'' in the matter preceding 
     subparagraph (A) and inserting ``October 1, 2012'', and
       (ii) by inserting ``or the FAA Reauthorization Act of 
     2009'' before the semicolon at the end of subparagraph (A).
       (B) Limitation on transfers to trust fund.--Paragraph (2) 
     of section 9502(e) of such Code is amended by striking 
     ``October 1, 2009'' and inserting ``October 1, 2012''.
       (2) Transfers to trust fund.--Subparagraph (C) of section 
     9502(b)(1) of such Code is amended to read as follows:
       ``(C) section 4081 with respect to aviation gasoline and 
     aviation-grade kerosene, and''.
       (3) Transfers on account of certain refunds.--
       (A) In general.--Subsection (d) of section 9502 of such 
     Code is amended--
       (i) by striking ``(other than subsection (l)(4) thereof)'' 
     in paragraph (2), and
       (ii) by striking ``(other than payments made by reason of 
     paragraph (4) of section 6427(l))'' in paragraph (3).
       (B) Conforming amendments.--
       (i) Section 9503(b)(4) of such Code is amended by striking 
     ``or'' at the end of subparagraph (C), by striking the period 
     at the end of subparagraph (D) and inserting a comma, and by 
     inserting after subparagraph (D) the following:
       ``(E) section 4081 to the extent attributable to the rate 
     specified in clause (ii) or (iv) of section 4081(a)(2)(A), or
       ``(F) section 4041(c).''.
       (ii) Section 9503(c) of such Code is amended by striking 
     the last paragraph (relating to transfers from the Trust Fund 
     for certain aviation fuel taxes).
       (iii) Section 9502(a) of such Code is amended by striking 
     ``, section 9503(c)(7),''.
       (4) Transfers on account of aviation-grade kerosene not 
     used in aviation.--Section 9502(d) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(7) Transfers from airport and airway trust fund on 
     account of aviation-grade kerosene not used in aviation.--The 
     Secretary of the Treasury shall pay from time to time from 
     the Airport and Airway Trust Fund into the Highway Trust Fund 
     amounts as determined by the Secretary of the Treasury 
     equivalent to amounts transferred to the Airport and Airway 
     Trust Fund with respect to aviation-grade kerosene not used 
     in aviation.''.
       (5) Expenditures for air traffic control modernization.--
     Section 9502(d) of such Code, as amended by this title, is 
     amended by adding at the end the following new paragraph:
       ``(8) Expenditures for air traffic control modernization.--
     The following amounts may be used only for making 
     expenditures to carry out air traffic control modernization:
       ``(A) So much of the amounts appropriated under subsection 
     (b)(1)(C) as the Secretary estimates are attributable to--
       ``(i) 14.1 cents per gallon of the tax imposed at the rate 
     specified in section 4081(a)(2)(A)(iv) in the case of 
     aviation-grade kerosene used other than in commercial 
     aviation (as defined in section 4083(b)), and
       ``(ii) 4.8 cents per gallon of the tax imposed at the rate 
     specified in section 4081(a)(2)(A)(ii) in the case of 
     aviation gasoline used other than in commercial aviation (as 
     so defined).
       ``(B) Any amounts credited to the Airport and Airway Trust 
     Fund under section 9602(b) with respect to amounts described 
     in this paragraph.''.
       (g) Effective Date.--
       (1) Modifications.--Except as provided in paragraph (2), 
     the amendments made by this section shall apply to fuels 
     removed, entered, or sold after December 31, 2009.
       (2) Extensions.--The amendments made by subsections (b) and 
     (f)(1) shall take effect on the date of the enactment of this 
     Act.
       (h) Floor Stocks Tax.--
       (1) Imposition of tax.--In the case of aviation fuel which 
     is held on January 1, 2010, by any person, there is hereby 
     imposed a floor stocks tax on aviation fuel equal to--
       (A) the tax which would have been imposed before such date 
     on such fuel had the amendments made by this section been in 
     effect at all times before such date, reduced by
       (B) the sum of--
       (i) the tax imposed before such date on such fuel under 
     section 4081 of the Internal Revenue Code of 1986, as in 
     effect on such date, and
       (ii) in the case of kerosene held exclusively for such 
     person's own use, the amount which such person would (but for 
     this clause) reasonably expect (as of such date) to be paid 
     as a refund under section 6427(l) of such Code with respect 
     to such kerosene.
       (2) Liability for tax and method of payment.--
       (A) Liability for tax.--A person holding aviation fuel on 
     January 1, 2010, shall be liable for such tax.
       (B) Time and method of payment.--The tax imposed by 
     paragraph (1) shall be paid on April 30, 2010, and in such 
     manner as the Secretary of the Treasury shall prescribe.
       (3) Transfer of floor stock tax revenues to trust funds.--
     For purposes of determining the amount transferred to the 
     Airport and Airway Trust Fund, the tax imposed by this 
     subsection shall be treated as imposed by the provision of 
     section 4081 of the Internal Revenue Code of 1986 which 
     applies with respect to the aviation fuel involved.
       (4) Definitions.--For purposes of this subsection--
       (A) Aviation fuel.--The term ``aviation fuel'' means 
     aviation-grade kerosene and aviation gasoline, as such terms 
     are used within the meaning of section 4081 of the Internal 
     Revenue Code of 1986.
       (B) Held by a person.--Aviation fuel shall be considered as 
     held by a person if title thereto has passed to such person 
     (whether or not delivery to the person has been made).
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the Secretary's delegate.
       (5) Exception for exempt uses.--The tax imposed by 
     paragraph (1) shall not apply to any aviation fuel held by 
     any person exclusively for any use to the extent a credit or 
     refund of the tax is allowable under the Internal Revenue 
     Code of 1986 for such use.
       (6) Exception for certain amounts of fuel.--
       (A) In general.--No tax shall be imposed by paragraph (1) 
     on any aviation fuel held on January 1, 2010, by any person 
     if the aggregate amount of such aviation fuel held by such 
     person on such date does not exceed 2,000 gallons. The 
     preceding sentence shall apply only if such person submits to 
     the Secretary (at the time and in the manner required by the 
     Secretary) such information as the Secretary shall require 
     for purposes of this subparagraph.
       (B) Exempt fuel.--For purposes of subparagraph (A), there 
     shall not be taken into account any aviation fuel held by any 
     person which is exempt from the tax imposed by paragraph (1) 
     by reason of paragraph (6).
       (C) Controlled groups.--For purposes of this subsection--
       (i) Corporations.--

       (I) In general.--All persons treated as a controlled group 
     shall be treated as 1 person.
       (II) Controlled group.--The term ``controlled group'' has 
     the meaning given to such term by subsection (a) of section 
     1563 of such Code; except that for such purposes the phrase 
     ``more than 50 percent'' shall be substituted for the phrase 
     ``at least 80 percent'' each place it appears in such 
     subsection.

       (ii) Nonincorporated persons under common control.--Under 
     regulations prescribed by the Secretary, principles similar 
     to the principles of subparagraph (A) shall apply to a group 
     of persons under common control if 1 or more of such persons 
     is not a corporation.
       (7) Other laws applicable.--All provisions of law, 
     including penalties, applicable with respect to the taxes 
     imposed by section 4081 of such Code on the aviation fuel 
     involved shall, insofar as applicable and not inconsistent 
     with the provisions of this subsection, apply with respect to 
     the floor stock taxes imposed by paragraph (1) to the same 
     extent as if such taxes were imposed by such section.

  The CHAIR. No further amendment to the bill, as amended, is in order 
except those printed in part C of the report. Each further amendment 
may be offered only in the order printed in the report, by a Member 
designated in the report, shall be considered read, shall be debatable 
for the time specified in the report, equally divided and controlled by 
the proponent and an opponent, shall not be subject to amendment, and 
shall not be subject to a demand for division of the question.


                Amendment No. 1 Offered by Mr. Oberstar

  The Acting CHAIR (Mr. Jackson of Illinois). It is now in order to 
consider amendment No. 1 printed in part C of House Report 111-126.
  Mr. OBERSTAR. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Oberstar:
       Page 6, strike line 18.
       Page 6, line 19, strike ``(2)'' and insert ``(1)''.
       Page 6, line 20, strike ``(3)'' and insert ``(2)''.
       Page 6, line 21, strike ``(4)'' and insert ``(3)''.
       Page 7, line 7, strike ``2009'' and insert ``2010''.
       Page 7, line 12, strike ``2009'' and insert ``2010''.
       Page 7, line 16, strike ``March 31'' and insert ``September 
     30''.
       Page 7, after line 17, insert the following:
       (d) Rescission of Unobligated Balances.--Of the amounts 
     authorized under sections 48103 and 48112 of title 49, United 
     States Code, for fiscal year 2009, $305,500,000 are hereby 
     rescinded. Of the unobligated balances from funds available 
     under such sections for fiscal years prior to fiscal year 
     2009, $102,000,000 are hereby rescinded.
       Page 7, strike line 22.
       Page 7, line 23, strike ``(2)'' and insert ``(1)''.
       Page 7, line 24, strike ``(3)'' and insert ``(2)''.
       Page 7, line 25, strike ``(4)'' and insert ``(3)''.
       Page 8, line 6, strike ``2009'' and insert ``2010''.
       Page 8, line 12, strike ``2009'' and insert ``2010''.
       Page 9, line 9, strike ``2009'' and insert ``2010''.

[[Page H5960]]

       Page 9, line 13, strike ``$10,000,000 for fiscal year 
     2009,''.
       Page 9, lines 19 and 20, strike ``$50,000,000 for fiscal 
     year 2009,''.
       Page 10, line 1, strike ``$41,400,000 for fiscal year 
     2009,''.
       Page 10, lines 6 and 7, strike ``$28,000,000 for fiscal 
     year 2009,''.
       Page 10, line 13, strike ``$76,000,000 for fiscal year 
     2009,''.
       Page 10, lines 18 and 19, strike ``$21,900,000 for fiscal 
     year 2009,''.
       Page 11, strike line 6.
       Page 11, line 7, strike ``(B)'' and insert ``(A)''.
       Page 11, line 8, strike ``(C)'' and insert ``(B)''.
       Page 11, line 10, strike ``(D)'' and insert ``(C)''.
       Page 11, line 17, strike ``2009'' and insert ``2010''.
       Page 12, line 6, strike ``2009'' and insert ``2010''.
       Page 12, line 15, strike ``2009,''.
       Page 13, strike line 3 and all that follows through line 19 
     on page 14.
       Page 14, line 20, strike ``(14)'' and insert ``(13)''.
       Page 16, line 12, strike ``(15)'' and insert ``(14)''.
       Page 18, line 6, strike ``(16)'' and insert ``(15)''.
       Page 20, lines 10 and 11, strike ``in each of fiscal years 
     2009 and 2010,'' and insert ``in fiscal year 2010,''.
       Page 27, after line 4, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 115. PARTICIPATION OF DISADVANTAGED BUSINESS ENTERPRISES 
                   IN CONTRACTS, SUBCONTRACTS, AND BUSINESS 
                   OPPORTUNITIES FUNDED USING PASSENGER FACILITY 
                   REVENUES AND IN AIRPORT CONCESSIONS.

       Section 40117 (as amended by this Act) is further amended 
     by adding at the end the following:
       ``(o) Participation by Disadvantaged Business 
     Enterprises.--
       ``(1) Applicability of requirements.--Except to the extent 
     otherwise provided by the Secretary, requirements relating to 
     disadvantaged business enterprises, as set forth in parts 23 
     and 26 of title 49, Code of Federal Regulations (or a 
     successor regulation), shall apply to an airport collecting 
     passenger facility revenue.
       ``(2) Regulations.--The Secretary shall issue any 
     regulations necessary to implement this subsection, 
     including--
       ``(A) goal setting requirements for an eligible agency to 
     ensure that contracts, subcontracts, and business 
     opportunities funded using passenger facility revenues, and 
     airport concessions, are awarded consistent with the levels 
     of participation of disadvantaged business enterprises and 
     airport concessions disadvantaged business enterprises that 
     would be expected in the absence of discrimination;
       ``(B) provision for an assurance that requires that an 
     eligible agency will not discriminate on the basis of race, 
     color, national origin, or sex in the award and performance 
     of any contract funded using passenger facility revenues; and
       ``(C) a requirement that an eligible agency will take all 
     necessary and reasonable steps to ensure nondiscrimination in 
     the award and administration of contracts funded using 
     passenger facility revenues.
       ``(3) Effective date.--Paragraph (1) shall take effect on 
     the day following the date on which the Secretary issues 
     final regulations under paragraph (2).
       ``(4) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Airport concessions disadvantaged business 
     enterprise.--The term `airport concessions disadvantaged 
     business enterprise' has the meaning given that term in part 
     23 of title 49, Code of Federal Regulations (or a successor 
     regulation).
       ``(B) Disadvantaged business enterprise.--The term 
     `disadvantaged business enterprise' has the meaning given 
     that term in part 26 of title 49, Code of Federal Regulations 
     (or a successor regulation).''.
       Page 30, line 13, strike ``May 1, 2009'' and insert 
     ``September 1, 2009''.
       Page 42, strike line 9 and all that follows through line 5 
     on page 44 (with the correct sequential provision 
     designations [replacing the numbers currently shown for such 
     designations]) and conform the table of contents accordingly.
       Page 44, line 15, strike ``1632'' and insert ``632''.
       Page 44, strike line 17 and all that follows through line 
     14 on page 45 and insert the following (with the correct 
     sequential provision designations [replacing the numbers 
     currently shown for such designations]) and conform the table 
     of contents accordingly:

     SEC. 138. AIRPORT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.

       (a) Purpose.--It is the purpose of the airport 
     disadvantaged business program to ensure that minority- and 
     women-owned businesses have a full and fair opportunity to 
     compete in federally assisted airport contracts and 
     concessions and to ensure that the Federal Government does 
     not subsidize discrimination in private or locally funded 
     airport-related industries.
       (b) Findings.--Congress finds the following:
       (1) While significant progress has occurred due to the 
     enactment of the airport disadvantaged business enterprise 
     program (49 U.S.C. 47107(e) and 47113), discrimination 
     continues to be a significant barrier for minority- and 
     women-owned businesses seeking to do business in airport-
     related markets. This continuing discrimination merits the 
     continuation of the airport disadvantaged business enterprise 
     program.
       (2) Discrimination poses serious barriers to the full 
     participation in airport-related businesses of women business 
     owners and minority business owners, including African 
     Americans, Hispanic Americans, Asian Americans, and Native 
     Americans.
       (3) Discrimination impacts minority and women business 
     owners in every geographic region of the United States and in 
     every airport-related industry.
       (4) Discrimination has impacted many aspects of airport-
     related business, including--
       (A) the availability of venture capital and credit;
       (B) the availability of bonding and insurance;
       (C) the ability to obtain licensing and certification;
       (D) public and private bidding and quoting procedures;
       (E) the pricing of supplies and services;
       (F) business training, education, and apprenticeship 
     programs; and
       (G) professional support organizations and informal 
     networks through which business opportunities are often 
     established.
       (5) Congress has received voluminous evidence of 
     discrimination against minority and women business owners in 
     airport-related industries, including--
       (A) statistical analyses demonstrating significant 
     disparities in the utilization of minority- and women-owned 
     businesses in federally and locally funded airport related 
     contracting;
       (B) statistical analyses of private sector disparities in 
     business success by minority- and women-owned businesses in 
     airport related industries;
       (C) research compiling anecdotal reports of discrimination 
     by individual minority and women business owners;
       (D) individual reports of discrimination by minority and 
     women business owners and the organizations and individuals 
     who represent minority and women business owners;
       (E) analyses demonstrating significant reductions in the 
     participation of minority and women businesses in 
     jurisdictions that have reduced or eliminated their minority- 
     and women-owned business programs;
       (F) statistical analyses showing significant disparities in 
     the credit available to minority- and women-owned businesses;
       (G) research and statistical analyses demonstrating how 
     discrimination negatively impacts firm formation, growth, and 
     success;
       (H) experience of airports and other localities 
     demonstrating that race- and gender-neutral efforts alone are 
     insufficient to remedy discrimination; and
       (I) other qualitative and quantitative evidence of 
     discrimination against minority- and women-owned businesses 
     in airport-related industries.
       (6) All of this evidence provides a strong basis for the 
     continuation of the airport disadvantaged business enterprise 
     program and the airport concessions disadvantaged business 
     enterprise program.
       (7) Congress has received and reviewed recent comprehensive 
     and compelling evidence of discrimination from many different 
     sources, including congressional hearings and roundtables, 
     scientific reports, reports issued by public and private 
     agencies, news stories, reports of discrimination by 
     organizations and individuals, and discrimination lawsuits.
       (c) Disadvantaged Business Enterprise Personal Net Worth 
     Cap; Bonding Requirements.--Section 47113 is amended by 
     adding at the end the following:
       ``(e) Personal Net Worth Cap.--
       ``(1) Regulations.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall issue 
     final regulations to adjust the personal net worth cap used 
     in determining whether an individual is economically 
     disadvantaged for purposes of qualifying under the definition 
     contained in subsection (a)(2) and under section 47107(e). 
     The regulations shall correct for the impact of inflation 
     since the Small Business Administration established the 
     personal net worth cap at $750,000 in 1989.
       ``(2) Annual adjustment.--Following the initial adjustment 
     under paragraph (1), the Secretary shall adjust, on June 30 
     of each year thereafter, the personal net worth cap to 
     account for changes, occurring in the preceding 12-month 
     period, in the Consumer Price Index of All Urban Consumers 
     (United States city average, all items) published by the 
     Secretary of Labor.
       ``(f) Exclusion of Retirement Benefits.--
       ``(1) In general.--In calculating a business owner's 
     personal net worth, any funds held in a qualified retirement 
     account owned by the business owner shall be excluded, 
     subject to regulations to be issued by the Secretary.
       ``(2) Regulations.--Not later than one year after the date 
     of enactment of this subsection, the Secretary shall issue 
     final regulations to implement paragraph (1), including 
     consideration of appropriate safeguards, such as a limit on 
     the amount of such accounts, to prevent circumvention of 
     personal net worth requirements.
       ``(g) Prohibition on Excessive or Discriminatory Bonding 
     Requirements.--
       ``(1) In general.--The Secretary shall establish a program 
     to eliminate barriers to

[[Page H5961]]

     small business participation in airport-related contracts and 
     concessions by prohibiting excessive, unreasonable, or 
     discriminatory bonding requirements for any project funded 
     under this chapter or using passenger facility revenues under 
     section 40117.
       ``(2) Regulations.--Not later than one year after the date 
     of enactment of this subsection, the Secretary shall issue a 
     final rule to establish the program under paragraph (1).''.
       Page 45, after line 14, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 139. TRAINING PROGRAM FOR CERTIFICATION OF DISADVANTAGED 
                   BUSINESS ENTERPRISES.

       (a) Mandatory Training Program.--Section 47113 (as amended 
     by this Act) is further amended--
       (1) in subsection (b) by striking ``Secretary'' and 
     inserting ``Secretary of Transportation''; and
       (2) by adding at the end the following:
       ``(h) Mandatory Training Program.--
       ``(1) In general.--Not later than one year after the date 
     of enactment of this subsection, the Secretary shall 
     establish a mandatory training program for persons described 
     in paragraph (3) on certifying whether a small business 
     concern qualifies as a small business concern owned and 
     controlled by socially and economically disadvantaged 
     individuals under this section and section 47107(e).
       ``(2) Implementation.--The training program may be 
     implemented by one or more private entities approved by the 
     Secretary.
       ``(3) Participants.--A person referred to in paragraph (1) 
     is an official or agent of an airport sponsor--
       ``(A) who is required to provide a written assurance under 
     this section or section 47107(e) that the airport owner or 
     operator will meet the percentage goal of subsection (b) or 
     section 47107(e)(1); or
       ``(B) who is responsible for determining whether or not a 
     small business concern qualifies as a small business concern 
     owned and controlled by socially and economically 
     disadvantaged individuals under this section or section 
     47107(e).
       ``(4) Authorization of appropriations.--Out of amounts 
     appropriated under section 106(k), not less than $2,000,000 
     for each of fiscal years 2010, 2011, and 2012 shall be used 
     to carry out this subsection and to support other programs 
     and activities of the Secretary related to the participation 
     of small business concerns owned and controlled by socially 
     and economically disadvantaged individuals in airport related 
     contracts or concessions.''.
       (b) Report.--Not later than 24 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and other appropriate 
     committees of Congress a report on the results of the 
     training program conducted under the amendment made by 
     subsection (b).
       Page 47, line 23 through page 48, line 1, strike ``fiscal 
     years 2004 through 2008, and for the portion of fiscal year 
     2009 ending before April 1, 2009,'' and insert ``fiscal years 
     2004 through 2009,''.
       Page 48, line 1, strike ``inserting,'' and insert 
     ``inserting''.
       Page 48, line 2, strike ``2008'' and insert ``2010''.
       Page 53, line 6, strike ``March 31'' and insert ``September 
     30''.
       Page 53, lines 15 through 17, strike ``for fiscal years 
     ending before October 1, 2008, and for the portion of fiscal 
     year 2009 ending before April 1, 2009,'' and insert ``October 
     1, 2009,''.
       Page 76, line 12, strike ``and'' at the end.
       Page 76, after line 12, insert the following:
       (C) a description of possible options for expanding 
     surveillance coverage beyond the ground stations currently 
     under contract, including enhanced ground signal coverage at 
     airports; and
       Page 76, line 13, strike ``(C)'' and insert ``(D)''.
       Page 88, line 11, strike ``2009'' and insert ``2010''.
       Page 94, line 22, strike ``2009'' and insert ``2010''.
       Page 96, line 7, strike ``2009'' and insert ``2010''.
       Page 96, line 13, strike ``$14,500,000 for fiscal year 2009 
     and''.
       Page 96, line 19, strike ``2009,''.
       Page 99, line 16, insert ``(a) In General.--'' before ``Not 
     later than''.
       Page 99, line 25, strike ``and'' at the end.
       Page 100, line 9, strike the first period and all that 
     follows through the final period and insert ``; and''.
       Page 100, after line 9, insert the following:
       ``(3) continue to hold discussions with countries that have 
     foreign repair stations that perform work on air carrier 
     aircraft and components to ensure harmonization of the safety 
     standards of such countries with those of the United States, 
     including standards governing maintenance requirements, 
     education and licensing of maintenance personnel, training, 
     oversight, and mutual inspection of work sites.
       ``(b) Regulatory Authority With Respect to Certain Foreign 
     Repair Stations.--With respect to repair stations that are 
     located in countries that are party to the agreement entitled 
     ``Agreement between the United States of America and the 
     European Community on Cooperation in the Regulation of Civil 
     Aviation Safety'', dated June 30, 2008, the requirements of 
     subsection (a) are an exercise of the rights of the United 
     States under paragraph A of Article 15 of the Agreement, 
     which provides that nothing in the Agreement shall be 
     construed to limit the authority of a party to determine 
     through its legislative, regulatory, and administrative 
     measures, the level of protection it considers appropriate 
     for civil aviation safety.''.
       Page 115, after line 7, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 312. SAFETY OF HELICOPTER AIR AMBULANCE OPERATIONS.

       (a) In General.--Chapter 447 (as amended by this Act) is 
     further amended by adding at the end the following:

     ``Sec. 44732. Helicopter air ambulance operations

       ``(a) Rulemaking.--The Administrator of the Federal 
     Aviation Administration shall conduct a rulemaking proceeding 
     to improve the safety of flight crewmembers, medical 
     personnel, and passengers onboard helicopters providing 
     helicopter air ambulance services under part 135 of title 14, 
     Code of Federal Regulations.
       ``(b) Matters to Be Addressed.--In conducting the 
     rulemaking proceeding under subsection (a), the Administrator 
     shall address the following:
       ``(1) Flight request and dispatch procedures, including 
     performance-based flight dispatch procedures.
       ``(2) Pilot training standards, including--
       ``(A) mandatory training requirements, including a minimum 
     time for completing the training requirements;
       ``(B) training subject areas, such as communications 
     procedures and appropriate technology use;
       ``(C) establishment of training standards in--
       ``(i) crew resource management;
       ``(ii) flight risk evaluation;
       ``(iii) preventing controlled flight into terrain;
       ``(iv) recovery from inadvertent flight into instrument 
     meteorological conditions;
       ``(v) operational control of the pilot in command; and
       ``(vi) use of flight simulation training devices and line 
     oriented flight training.
       ``(3) Safety-enhancing technology and equipment, 
     including--
       ``(A) helicopter terrain awareness and warning systems;
       ``(B) radar altimeters;
       ``(C) devices that perform the function of flight data 
     recorders and cockpit voice recorders, to the extent 
     feasible; and
       ``(D) safety equipment that should be worn or used by 
     flight crewmembers and medical personnel on a flight, 
     including the possible use of shoulder harnesses, helmets, 
     seatbelts, and fire resistant clothing to enhance crash 
     survivability.
       ``(4) Such other matters as the Administrator considers 
     appropriate.
       ``(c) Minimum Requirements.--In issuing a final rule under 
     subsection (a), the Administrator, at a minimum, shall 
     provide for the following:
       ``(1) Flight risk evaluation program.--The Administrator 
     shall ensure that a part 135 certificate holder providing 
     helicopter air ambulance services--
       ``(A) establishes a flight risk evaluation program, based 
     on FAA Notice 8000.301 issued by the Administration on August 
     1, 2005, including any updates thereto;
       ``(B) as part of the flight risk evaluation program, 
     develops a checklist for use by pilots in determining whether 
     a flight request should be accepted; and
       ``(C) requires the pilots of the certificate holder to use 
     the checklist.
       ``(2) Operational control center.--The Administrator shall 
     ensure that a part 135 certificate holder providing 
     helicopter air ambulance services using 10 or more 
     helicopters has an operational control center that meets such 
     requirements as the Administrator may prescribe.
       ``(3) Compliance.--The Administrator shall ensure that a 
     part 135 certificate holder providing helicopter air 
     ambulance services complies with applicable regulations under 
     part 135 of title 14, Code of Federal Regulations, including 
     regulations on weather minima and flight and duty time 
     whenever medical personnel are onboard the aircraft.
       ``(d) Deadlines.--The Administrator shall--
       ``(1) not later than 180 days after the date of enactment 
     of this section, issue a notice of proposed rulemaking under 
     subsection (a); and
       ``(2) not later than 16 months after the close of the 
     comment period on the proposed rule, issue a final rule.
       ``(e) Part 135 Certificate Holder Defined.--In this 
     section, the term `part 135 certificate holder' means a 
     person holding a certificate issued under part 135 of title 
     14, Code of Federal Regulations.

     ``Sec. 44733. Collection of data on helicopter air ambulance 
       operations

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration shall require a part 135 certificate 
     holder providing helicopter air ambulance services to submit 
     to the Administrator, not later than one year after the date 
     of enactment of this section, and annually thereafter, a 
     report containing, at a minimum, the following data:
       ``(1) The number of helicopters that the certificate holder 
     uses to provide helicopter

[[Page H5962]]

     air ambulance services and the base locations of the 
     helicopters.
       ``(2) The number of flights and hours flown, by 
     registration number, during which helicopters operated by the 
     certificate holder were providing helicopter air ambulance 
     services.
       ``(3) The number of flight requests for a helicopter 
     providing helicopter air ambulance services that were 
     accepted or declined by the certificate holder and the type 
     of each such flight request (such as scene response, inter-
     facility transport, organ transport, or ferry or 
     repositioning flight).
       ``(4) The number of accidents involving helicopters 
     operated by the certificate holder while providing helicopter 
     air ambulance services and a description of the accidents.
       ``(5) The number of flights and hours flown under 
     instrument flight rules by helicopters operated by the 
     certificate holder while providing helicopter air ambulance 
     services.
       ``(6) The time of day of each flight flown by helicopters 
     operated by the certificate holder while providing helicopter 
     air ambulance services.
       ``(b) Reporting Period.--Data contained in a report 
     submitted by a part 135 certificate holder under subsection 
     (a) shall relate to such reporting period as the 
     Administrator determines appropriate.
       ``(c) Database.--Not later than 6 months after the date of 
     enactment of this section, the Administrator shall develop a 
     method to collect and store the data collected under 
     subsection (a), including a method to protect the 
     confidentiality of any trade secret or proprietary 
     information provided in response to this section.
       ``(d) Report to Congress.--Not later than 24 months after 
     the date of enactment of this section, and annually 
     thereafter, the Administrator shall submit to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report containing a summary of 
     the data collected under subsection (a).
       ``(e) Part 135 Certificate Holder Defined.--In this 
     section, the term `part 135 certificate holder' means a 
     person holding a certificate issued under part 135 of title 
     14, Code of Federal Regulations.''.
       (b) Clerical Amendment.--The analysis for chapter 447 (as 
     amended by this Act) is further amended by adding at the end 
     the following:
       ``Sec. 44732. Helicopter air ambulance operations.
       ``Sec. 44733. Collection of data on helicopter air 
           ambulance operations.''.

     SEC. 313. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE 
                   NIGHT VISION GOGGLES.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall carry out a study on the feasibility of 
     requiring pilots of helicopters providing helicopter air 
     ambulance services under part 135 of title 14, Code of 
     Federal Regulations, to use night vision goggles during 
     nighttime operations.
       (b) Considerations.--In conducting the study, the 
     Administrator shall consult with owners and operators of 
     helicopters providing helicopter air ambulance services under 
     such part 135 and aviation safety professionals to determine 
     the benefits, financial considerations, and risks associated 
     with requiring the use of night vision goggles.
       (c) Report to Congress.--Not later than one year after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Committee on Transportation and 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. 314. STUDY OF HELICOPTER AND FIXED WING AIR AMBULANCE 
                   SERVICES.

       (a) In General.--The Comptroller General shall conduct a 
     study of the helicopter and fixed-wing air ambulance 
     industry. The study shall include information, analysis, and 
     recommendations pertinent to ensuring a safe air ambulance 
     industry.
       (b) Required Information.--In conducting the study, the 
     Comptroller General shall obtain detailed information on the 
     following aspects of the air ambulance industry:
       (1) A review of the industry, for part 135 certificate 
     holders and indirect carriers providing helicopter and fixed-
     wing air ambulance services, including--
       (A) a listing of the number, size, and location of 
     helicopter and fixed-wing aircraft and their flight bases;
       (B) affiliations of certificate holders and indirect 
     carriers with hospitals, governments, and other entities;
       (C) coordination of air ambulance services, with each 
     other, State and local emergency medical services systems, 
     referring entities, and receiving hospitals;
       (D) nature of services contracts, sources of payment, 
     financial relationships between certificate holders and 
     indirect carriers providing air ambulance services and 
     referring entities, and costs of operations; and
       (E) a survey of business models for air ambulance 
     operations, including expenses, structure, and sources of 
     income.
       (2) Air ambulance request and dispatch practices, including 
     the various types of protocols, models, training, 
     certifications, and air medical communications centers 
     relating to part 135 certificate holders and indirect 
     carriers providing helicopter and fixed-wing air ambulance 
     services, including--
       (A) the practices that emergency and medical officials use 
     to request an air ambulance;
       (B) information on whether economic or other nonmedical 
     factors lead to air ambulance transport when it is not 
     medically needed, appropriate, or safe; and
       (C) the cause, occurrence, and extent of delays in air 
     ambulance transport.
       (3) Economic and medical issues relating to the air 
     ambulance industry, including--
       (A) licensing;
       (B) certificates of need;
       (C) public convenience and necessity requirements;
       (D) assignment of geographic coverage areas;
       (E) accreditation requirements;
       (F) compliance with dispatch procedures; and
       (G) requirements for medical equipment and personnel 
     onboard the aircraft.
       (4) Such other matters as the Comptroller General considers 
     relevant to the purpose of the study.
       (c) Analysis and Recommendations.--Based on information 
     obtained under subsection (b) and other information the 
     Comptroller General considers appropriate, the report shall 
     also include an analysis and specific recommendations, as 
     appropriate, related to--
       (1) the relationship between State regulation and Federal 
     preemption of rates, routes, and services of air ambulances;
       (2) the extent to which Federal law may impact existing 
     State regulation of air ambulances and the potential effect 
     of greater State regulation--
       (A) in the air ambulance industry, on the economic 
     viability of air ambulance services, the availability and 
     coordination of service, and costs of operations both in 
     rural and highly populated areas;
       (B) on the quality of patient care and outcomes; and
       (C) on competition and safety; and
       (3) whether systemic or other problems exist on a 
     statewide, regional, or national basis with the current 
     system governing air ambulances.
       (d) Report.--Not later than June 1, 2010, the Comptroller 
     General shall submit to the Secretary of Transportation and 
     the appropriate committees of Congress a report containing 
     its findings and recommendations regarding the study under 
     this section.
       (e) Adoption of Recommended Policy Changes.--Not later than 
     60 days after the date of receipt of the report under 
     subsection (d), the Secretary shall issue a report to the 
     appropriate committees of Congress, that--
       (1) specifies which, if any, policy changes recommended by 
     the Comptroller General and any other policy changes with 
     respect to air ambulances the Secretary will adopt and 
     implement; and
       (2) includes recommendations for legislative change, if 
     appropriate.
       (f) Part 135 Certificate Holder Defined.--In this section, 
     the term ``part 135 certificate holder'' means a person 
     holding a certificate issued under part 135 of title 14, Code 
     of Federal Regulations.
       Page 121, strike line 2 and all that follows through line 
     15 on page 125 and insert the following (with the correct 
     sequential provision designations [replacing the numbers 
     currently shown for such designations]) and conform the table 
     of contents accordingly:

     SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

       Section 106 is amended by adding at the end the following:
       ``(s) Aviation Safety Whistleblower Investigation Office.--
       ``(1) Establishment.--There is established in the Federal 
     Aviation Administration (in this subsection referred to as 
     the `Agency') an Aviation Safety Whistleblower Investigation 
     Office (in this subsection referred to as the `Office').
       ``(2) Director.--
       ``(A) Appointment.--The head of the Office shall be the 
     Director, who shall be appointed by the Secretary of 
     Transportation.
       ``(B) Reports and recommendations to secretary.--The 
     Director shall provide regular reports to the Secretary of 
     Transportation. The Director may recommend that the Secretary 
     take any action necessary for the Office to carry out its 
     functions, including protection of complainants and 
     witnesses.
       ``(C) Qualifications.--The Director shall have a 
     demonstrated ability in investigations and knowledge of or 
     experience in aviation.
       ``(D) Term.--The Director shall be appointed for a term of 
     5 years.
       ``(E) Vacancy.--Any individual appointed to fill a vacancy 
     in the position of the Director occurring before the 
     expiration of the term for which the individual's predecessor 
     was appointed shall be appointed for the remainder of that 
     term.
       ``(3) Complaints and investigations.--
       ``(A) Authority of director.--The Director shall--
       ``(i) receive complaints and information submitted by 
     employees of persons holding certificates issued under title 
     14, Code of Federal Regulations, and employees of the Agency 
     concerning the possible existence of an activity relating to 
     a violation of an order, regulation, or standard of the 
     Agency or any other provision of Federal law relating to 
     aviation safety;
       ``(ii) assess complaints and information submitted under 
     clause (i) and determine whether a substantial likelihood 
     exists that a violation of an order, regulation, or standard 
     of the Agency or any other provision of Federal law relating 
     to aviation safety may have occurred; and

[[Page H5963]]

       ``(iii) based on findings of the assessment conducted under 
     clause (ii), make recommendations to the Secretary and 
     Administrator in writing for--

       ``(I) further investigation by the Office, the Inspector 
     General of the Department of Transportation, or other 
     appropriate investigative body; or
       ``(II) corrective actions.

       ``(B) Disclosure of identities.--The Director shall not 
     disclose the identity or identifying information of an 
     individual who submits a complaint or information under 
     subparagraph (A)(i) unless--
       ``(i) the individual consents to the disclosure in writing; 
     or
       ``(ii) the Director determines, in the course of an 
     investigation, that the disclosure is unavoidable, in which 
     case the Director shall provide the individual with 
     reasonable advance notice.
       ``(C) Independence of director.--The Secretary, the 
     Administrator, or any officer or employee of the Agency may 
     not prevent or prohibit the Director from initiating, 
     carrying out, or completing any assessment of a complaint or 
     information submitted under subparagraph (A)(i) or from 
     reporting to Congress on any such assessment.
       ``(D) Access to information.--In conducting an assessment 
     of a complaint or information submitted under subparagraph 
     (A)(i), the Director shall have access to, and can order the 
     retention of, all records, reports, audits, reviews, 
     documents, papers, recommendations, and other material 
     necessary to determine whether a substantial likelihood 
     exists that a violation of an order, regulation, or standard 
     of the Agency or any other provision of Federal law relating 
     to aviation safety may have occurred. The Director may order 
     sworn testimony from appropriate witnesses during the course 
     of an investigation.
       ``(E) Procedure.--The Office shall establish procedures 
     equivalent to sections 1213(d) and 1213(e) of title 5 for 
     investigation, report, employee comment, and evaluation by 
     the Secretary for any investigation conducted pursuant to 
     paragraph (3)(A).
       ``(4) Responses to recommendations.--The Administrator 
     shall--
       ``(A) respond within 60 days to a recommendation made by 
     the Director under paragraph (3)(A)(iii) in writing and 
     retain records related to any further investigations or 
     corrective actions taken in response to the recommendation, 
     in accordance with established record retention requirements; 
     and
       ``(B) ensure that the findings of all referrals for further 
     investigation or corrective actions taken are reported to the 
     Director.
       ``(5) Incident reports.--If the Director determines there 
     is a substantial likelihood that a violation of an order, 
     regulation, or standard of the Agency or any other provision 
     of Federal law relating to aviation safety may have occurred 
     that requires immediate corrective action, the Director shall 
     report the potential violation expeditiously to the 
     Secretary, the Administrator, and the Inspector General of 
     the Department of Transportation.
       ``(6) Reporting of criminal violations to inspector 
     general.--If the Director has reasonable grounds to believe 
     that there has been a violation of Federal criminal law, the 
     Director shall report the violation expeditiously to the 
     Inspector General.
       ``(7) Retaliation against agency employees.--Any 
     retaliatory action taken or threatened against an employee of 
     the Agency for good faith participation in activities under 
     this subsection is prohibited. The Director shall make all 
     policy recommendations and specific requests to the Secretary 
     for relief necessary to protect employees of the Agency who 
     initiate or participate in investigations under this 
     subsection. The Secretary shall respond in a timely manner 
     and shall share the responses with the appropriate committees 
     of Congress.
       ``(8) Disciplinary actions.--The Secretary shall exercise 
     the Secretary's authority under section 2302 of title 5 for 
     the prevention of prohibited personnel actions in any case in 
     which the prohibited personnel action is taken against an 
     employee of the Agency who, in good faith, has reported the 
     possible existence of an activity relating to a violation of 
     an order, regulation, or standard of the Agency or any other 
     provision of Federal law relating to aviation safety. In 
     exercising such authority, the Secretary may subject an 
     employee of the Agency who has taken or failed to take, or 
     threatened to take or fail to take, a personnel action in 
     violation of such section to a disciplinary action up to and 
     including termination.
       ``(9) Annual reports to congress.--Not later than October 1 
     of each year, the Director shall submit to Congress a public 
     report containing--
       ``(A) information on the number of submissions of 
     complaints and information received by the Director under 
     paragraph (3)(A)(i) in the preceding 12-month period;
       ``(B) summaries of those submissions;
       ``(C) summaries of further investigations, corrective 
     actions recommended, and referrals in response to the 
     submissions; and
       ``(D) summaries of the responses of the Administrator to 
     such recommendations; and
       ``(E) an evaluation of personnel and resources necessary to 
     effectively support the mandate of the Office.''.
       Page 130, line 17, after ``Agency'' insert ``, including at 
     least one employee selected by the exclusive bargaining 
     representative for aviation safety inspectors,''.
       Page 132, line 21, strike ``GAO'' and insert ``Inspector 
     General''.
       Page 132, line 22, strike ``Comptroller General'' and 
     insert ``Inspector General of the Department of 
     Transportation''.
       Page 133, line 2, strike ``Comptroller General'' and insert 
     ``Inspector General''.
       Page 134, lines 6 and 7, strike ``Comptroller General'' and 
     insert ``Inspector General''.
       Page 134, after line 13, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 401. SMOKING PROHIBITION.

       (a) In General.--Section 41706 is amended--
       (1) in the section heading by striking ``SCHEDULED'' and 
     inserting ``PASSENGER''; and
       (2) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Smoking Prohibition in Intrastate and Interstate 
     Transportation by Aircraft.--An individual may not smoke in 
     an aircraft --
       ``(1) in scheduled passenger interstate air transportation 
     or scheduled passenger intrastate air transportation; and
       ``(2) in nonscheduled intrastate or interstate 
     transportation of passengers by aircraft for compensation, if 
     a flight attendant is a required crewmember on the aircraft 
     (as determined by the Administrator of the Federal Aviation 
     Administration).
       ``(b) Smoking Prohibition in Foreign Air Transportation.--
     The Secretary of Transportation shall require all air 
     carriers and foreign air carriers to prohibit smoking in an 
     aircraft--
       ``(1) in scheduled passenger foreign air transportation; 
     and
       ``(2) in nonscheduled passenger foreign air transportation, 
     if a flight attendant is a required crewmember on the 
     aircraft (as determined by the Administrator or a foreign 
     government).''.
       (b) Clerical Amendment.--The analysis for chapter 417 is 
     amended by striking the item relating to section 41706 and 
     inserting the following:

       ``41706. Prohibitions against smoking on flights.''.

       Page 147, line 3, strike ``Secretary'' and insert 
     ``Secretary of Transportation''.
       Page 148, lines 19 and 20, strike ``April 1, 2009'' and 
     insert ``October 1, 2009''.
       Page 150, strike lines 1 through 10 and insert the 
     following:
       (1) Section 47124(b)(3)(E) is amended to read as follows:
       ``(E) Funding.--Of the amounts appropriated pursuant to 
     section 106(k), not more than $9,500,000 for fiscal year 
     2010, $10,000,000 for fiscal year 2011, and $10,000,000 for 
     fiscal year 2012 may be used to carry out this paragraph.''.
       Page 174, after line 4, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 426. MUSICAL INSTRUMENTS.

        (a) In General.--Subchapter I of chapter 417 (as amended 
     by this Act) is further amended by adding at the end the 
     following:

     ``Sec. 41725. Musical instruments

       ``(a) In General.--
       ``(1) Instruments in the passenger compartment.--An air 
     carrier providing air transportation shall permit a passenger 
     to carry a musical instrument in the aircraft passenger 
     compartment in a closet, baggage, or cargo stowage 
     compartment approved by the Administrator without charge if--
       ``(A) the instrument can be stowed in accordance with the 
     requirements for carriage of carry-on baggage or cargo set 
     forth by the Administrator of the Federal Aviation 
     Administration; and
       ``(B) there is space for such stowage on the aircraft.
       ``(2) Large instruments in the passenger compartment.--An 
     air carrier providing air transportation shall permit a 
     passenger to carry a musical instrument in the aircraft 
     passenger compartment that is too large to be secured in a 
     closet, baggage, or cargo stowage compartment approved by the 
     Administrator, if--
       ``(A) the instrument can be stowed in a seat, in accordance 
     with the requirements for carriage of carry-on baggage or 
     cargo set forth by the Administrator for such stowage; and
       ``(B) the passenger wishing to carry the instrument in the 
     aircraft cabin has purchased a seat to accommodate the 
     instrument.
       ``(3) Instruments as checked baggage.--An air carrier shall 
     transport as baggage a musical instrument that is the 
     property of a passenger on a flight and that may not be 
     carried in the aircraft passenger compartment if--
       ``(A) the sum of the length, width, and height measured in 
     inches of the outside linear dimensions of the instrument 
     (including the case) does not exceed 150 inches and the size 
     restrictions for that aircraft;
       ``(B) the weight of the instrument does not exceed 165 
     pounds and the weight restrictions for that aircraft; and
       ``(C) the instrument can be stowed in accordance with the 
     requirements for carriage of baggage or cargo set forth by 
     the Administrator for such stowage.
       ``(4) Air carrier terms.--Nothing in this section shall be 
     construed as prohibiting an air carrier from limiting its 
     liability for carrying a musical instrument or requiring a 
     passenger to purchase insurance to cover the value of a 
     musical instrument transported by the air carrier.

[[Page H5964]]

       ``(b) Regulations.--The Secretary may prescribe such 
     regulations as may be necessary or appropriate to implement 
     subsection (a).''.
       (b) Clerical Amendment.--The analysis for such subchapter 
     is amended by adding at the end the following:
       ``41725. Musical instruments.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 30 days after the date of enactment of this 
     Act.
       Page 183, after line 21, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 505. SOUNDPROOFING OF RESIDENCES.

       (a) Soundproofing and Acquisition of Certain Residential 
     Buildings and Properties.--Section 47504(c)(2)(D) is amended 
     to read as follows:
       ``(D) to an airport operator and unit of local government 
     referred to in paragraph (1)(A) or (1)(B) to soundproof--
       ``(i) a building in the noise impact area surrounding the 
     airport that is used primarily for educational or medical 
     purposes and that the Secretary decides is adversely affected 
     by airport noise; and
       ``(ii) residential buildings located on residential 
     properties in the noise impact area surrounding the airport 
     that the Secretary decides is adversely affected by airport 
     noise, if--
       ``(I) the residential properties are within airport noise 
     contours prepared by the airport owner or operator using the 
     Secretary's methodology and guidance, and the noise contours 
     have been found acceptable by the Secretary;
       ``(II) the residential properties cannot be removed from 
     airport noise contours for at least a 5-year period by 
     changes in airport configuration or flight procedures;
       ``(III) the land use jurisdiction has taken, or will take, 
     appropriate action, including the adoption of zoning laws, to 
     the extent reasonable to restrict the use of land to uses 
     that are compatible with normal airport operations; and
       ``(IV) the Secretary determines that the project is 
     compatible with the purposes of this chapter; and''
       (b) Requirements Applicable to Certain Grants.--Section 
     44705 (as amended by this Act) is further amended by adding 
     at the end the following:
       ``(f) Requirements Applicable to Certain Grants.--
       ``(1) Establishment of criteria.--Before awarding a grant 
     under subsection (c)(2)(D), the Secretary shall establish 
     criteria to determine which residences in the 65 DNL area 
     suffer the greatest noise impact.
       ``(2) Analysis from comptroller general.--Prior to making a 
     final decision on the criteria required by paragraph (1), the 
     Secretary shall develop proposed criteria and obtain an 
     analysis from the Comptroller General as to the 
     reasonableness and validity of the criteria.
       ``(3) Priority.--If the Secretary determines that the 
     grants likely to be awarded under subsection (c)(2)(D) in 
     fiscal years 2010 though 2012 will not be sufficient to 
     soundproof all residences in the 65 DNL area, the Secretary 
     shall first award grants to soundproof those residences 
     suffering the greatest noise impact under the criteria 
     established under paragraph (1).''.
       Page 186, strike line 6.
       Page 186, line 7, strike ``(2)'' and insert ``(1)''.
       Page 186, line 8, strike ``(3)'' and insert ``(2)''.
       Page 186, line 9, strike ``(4)'' and insert ``(3)''.
       Page 196, strike line 23 and all that follows through line 
     6 on page 197 and insert the following (with the correct 
     sequential provision designations [replacing the numbers 
     currently shown for such designations]) and conform the table 
     of contents accordingly:

     SEC. 511. CABIN AIR QUALITY TECHNOLOGY.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate research and 
     development work on effective air cleaning and sensor 
     technology for the engine and auxiliary power unit for bleed 
     air supplied to the passenger cabin and flight deck of a 
     pressurized aircraft.
       (b) Technology Requirements.--The technology should, at a 
     minimum, be capable of--
       (1) removing oil-based contaminants from the bleed air 
     supplied to the passenger cabin and flight deck; and
       (2) detecting and recording oil-based contaminants in the 
     bleed air fraction of the total air supplied to the passenger 
     cabin and flight deck.
       (c) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the research and 
     development work carried out under this section.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       Page 197, line 9, strike ``proposed''.
       Page 198, after line 25, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 515. AVIATION NOISE COMPLAINTS.

       (a) Telephone Number Posting.--Not later than 3 months 
     after the date of enactment of this Act, each owner or 
     operator of a large hub airport (as defined in section 
     40102(a) of title 49, United States Code) shall publish on an 
     Internet Web site of the airport a telephone number to 
     receive aviation noise complaints related to the airport.
       (b) Summaries and Reports.--Not later than one year after 
     the last day of the 3-month period referred to in subsection 
     (a), and annually thereafter, an owner or operator that 
     receives one or more noise complaints under subsection (a) 
     shall submit to the Administrator of the Federal Aviation 
     Administration a report regarding the number of complaints 
     received and a summary regarding the nature of such 
     complaints. The Administrator shall make such information 
     available to the public by print and electronic means.
       Page 206, after line 6, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 602. MERIT SYSTEM PRINCIPLES AND PROHIBITED PERSONNEL 
                   PRACTICES.

       Section 40122(g)(2)(A) is amended to read as follows:
       ``(A) sections 2301 and 2302, relating to merit system 
     principles and prohibited personnel practices, including the 
     provisions for investigation and enforcement as provided in 
     chapter 12 of title 5;''.
       Page 207, strike line 21 and all that follows through line 
     3 on page 208 (with the correct sequential provision 
     designations [replacing the numbers currently shown for such 
     designations]) and conform the table of contents accordingly.
       Page 223, line 24, strike ``March 31'' and insert 
     ``September 30''.
       Page 224, line 1, strike ``May 31'' and insert ``December 
     31''.
       Page 225, line 16, strike ``May 31'' and insert ``December 
     31''.
       Page 236, strike lines 19 and 20 and insert the following:
       (h) Definitions.--In this section, the following 
     definitions apply:
       (1) FAA.--The term ``FAA'' means the Federal Aviation 
     Administration.
       (2) Realignment; consolidation.--
       (A) In general.--The terms ``realignment'' 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 include a reduction in 
     personnel resulting from workload adjustments.
       Page 243, lines 15 and 16, strike ``flight crew members'' 
     and insert ``pilots and flight attendants''.
       Page 243, line 22, strike ``2009'' and insert ``2010''.
       Page 254, line 1, strike ``temperature'' and insert 
     ``temperature and humidity'' (and conform the table of 
     contents accordingly).
       Page 254, line 8, insert ``and humidity'' before 
     ``onboard''.
       Page 254, lines 13 and 14, strike ``temperatures'' and 
     insert ``temperature and humidity''.
       Page 254, line 19, strike ``temperature'' and insert 
     ``temperature and humidity''.
       Page 254, line 20, strike ``temperature'' and insert 
     ``temperature and humidity''.
       Page 254, line 23, strike ``temperature'' and insert 
     ``temperature and humidity''.
       Page 259, after line 22, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 826. ST. GEORGE, UTAH.

       (a) In General.--Notwithstanding section 16 of the Federal 
     Airport Act (as in effect on August 28, 1973) or sections 
     47125 and 47153 of title 49, United States Code, the 
     Secretary of Transportation is authorized, subject to 
     subsection (b), to grant releases from any of the terms, 
     conditions, reservations, and restrictions contained in the 
     deed of conveyance dated August 28, 1973, under which the 
     United States conveyed certain property to the city of St. 
     George, Utah, for airport purposes.
       (b) Condition.--Any release granted by the Secretary under 
     the subsection (a) shall be subject to the following 
     conditions:
       (1) The city of St. George shall agree that in conveying 
     any interest in the property that the United States conveyed 
     to the city by deed dated August 28, 1973, the city will 
     receive an amount for such interest that is equal to the fair 
     market value.
       (2) Any such amount so received by the city of St. George 
     shall be used by the city for the development, improvement, 
     operation, or maintenance of a replacement public airport.

     SEC. 827. REPLACEMENT OF TERMINAL RADAR APPROACH CONTROL AT 
                   PALM BEACH INTERNATIONAL AIRPORT.

       The Administrator of the Federal Aviation Administration 
     shall take such actions as may be necessary to ensure that 
     any air traffic control tower or facility placed into 
     operation at Palm Beach International Airport after September 
     30, 2009, to replace an air traffic control tower or facility 
     placed into operation before September 30, 2009, includes an 
     operating terminal radar approach control.

     SEC. 828. SANTA MONICA AIRPORT, CALIFORNIA.

       It is the sense of Congress that the Administrator of the 
     Federal Aviation Administration should enter into good faith 
     discussions

[[Page H5965]]

     with the city of Santa Monica, California, to achieve runway 
     safety area solutions consistent with Federal Aviation 
     Administration design guidelines to address safety concerns 
     at Santa Monica Airport.
       Page 261, line 24, strike ``2009'' and insert ``2010''.
       Page 266, line 19, strike ``2009'' and insert ``2010''.
       Page 267, line 18, strike ``2009'' and insert ``2010''.
       Page 270, line 14, strike ``2009'' and insert ``2010''.
  The Acting CHAIR. Pursuant to House Resolution 464, the gentleman 
from Minnesota (Mr. Oberstar) and a Member opposed each will control 10 
minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. OBERSTAR. Thank you, Mr. Chairman.
  Because the fiscal year 2009 Omnibus Appropriations Act was already 
enacted in March, P.L. 111-8, this amendment strikes the 2009 funding 
authorization in the base bill. Therefore, with adoption of the 
manager's amendment, total funding provided for Federal Aviation 
Administration programs in H.R. 915 is approximately $53.5 billion, 
including $12.3 billion for the airport improvement program, $10.1 
billion for facilities and equipment, $794 million for research and 
development, and $30.3 billion for operations.
  The manager's amendment also addresses safety, the Airport 
Disadvantaged Business Enterprise System, and noise.
  On the safety provision, it includes a requirement that FAA initiate 
a rulemaking to improve the safety of flight crew members, of medical 
personnel, passengers, and helicopters providing air ambulance 
services. The FAA must issue a final rule on these issues within 16 
months after date of enactment of the act.
  The manager's amendment requires the Comptroller General to study 
helicopter and fixed-wing air ambulance service, including the state of 
the industry to request and dispatch practices and economic and medical 
issues and report back to the Committee on Transportation and 
Infrastructure within 1 year.
  DOT is required to review the study, to issue a report to the 
committee indicating policy changes it intends to make as a result of 
the study. It strengthens the aviation safety whistleblower protection 
office.
  The manager's amendment includes very specific language with 
reference to the foreign repair station issue citing the agreement, the 
bilateral aviation agreement, which I've already cited. I don't need to 
cite it again. The amendment makes clear that the language in this bill 
is in keeping not only with the language of, but the spirit of, the 
U.S./EU aviation agreement.
  The amendment applies the Disadvantaged Business Enterprise program 
and the Airport Concessions Disadvantaged Business Enterprise program 
to airports collecting passenger facility revenue. It provides more 
protection from noise for airport neighbors. Under existing law, the 
FAA is not permitted to fund soundproofing of residences to reduce 
airport noise unless the airport undertakes an extensive analysis, a 
Part 150 Study. The amendment allows grants for soundproofing without a 
Part 150 Study if the airport takes certain actions, such as preparing 
noise contours and implementing land-use zoning restrictions.
  I reserve the balance of my time.
  Mr. PETRI. Mr. Chairman, I rise in opposition to the amendment 
offered by the gentleman from Minnesota.
  The Acting CHAIR. The gentleman from Wisconsin is recognized for 10 
minutes.
  Mr. PETRI. Thank you.
  While there are clearly many useful provisions in the manager's 
amendment which we do support, there are, unfortunately, several which 
we do not. And the most important, or one of the important areas has 
been mentioned on a number of occasions already on this floor as we've 
gone forward, and that's the foreign repair station inspection 
language.
  The manager's amendment continues to require twice annual inspections 
of repair stations in Europe. What does this mean? It means that the 
European Union will and does oppose this provision and has suggested 
that the provision will nullify the need for the bilateral aviation 
safety agreement. It certainly violates the spirit of the United 
States-European Union Bilateral Aviation Safety Agreement.
  Under that agreement in section 15, countries are always allowed to 
inspect the other country's territory based on safety concerns. So 
there is flexibility and this is within the letter of the law of the 
treaty, as the chairman has pointed out. But it's certainly not within 
the spirit of the treaty. Our government is never going to concede 
jurisdiction over safety of American equipment and people and planes. 
And if there is a legitimate reason to inspect, we reserve the right to 
do it under that treaty. But not just automatic inspections whether 
there is any reason or not, which is what the amendment provides for.
  This section 15 provides for inspection, but it does not envisage 
twice-annual inspections absent a legitimate risk-based safety concern. 
And that's the logic of the language of the treaty. If we don't abide 
by the spirit of the treaty, the EU has--and I believe will--walk away 
from the bilateral agreement and we will have to renegotiate another 
agreement which may end up giving us less, rather than more, 
flexibility to inspect when we determine based on information or 
concerns that have come forward that a particular inspection of a 
particular facility is warranted, which we have the right to do at any 
time under this treaty.
  The Europeans do not have the personnel to conduct--well, I don't 
think our government has the personnel currently to inspect all of the 
stations that would be required to be inspected. And so we would revoke 
the certificates for repair stations that are not inspected and the 
Europeans would not be able to do that in our country. The result would 
be that a lot of work--all around, both parties to the agreement--would 
be moved around, at least; and the net loss, so far as between the 
United States and Europe is concerned would, it's my understanding, 
fall on American stations because currently a lot of European equipment 
is in fact maintained here in the United States. That's where the 
threat to the jobs comes from.

                              {time}  1515

  The provisions in the amendment having to do with inspection of 
stations is opposed by the airline industry; the aviation associations 
that have looked at it; the United States Chamber of Commerce; airline 
manufacturers; as I mentioned, the European Union; and some 50 of our 
colleagues, who signed a letter in opposition, I think probably 
inspired by concern about the jobs in their district at repair stations 
and dislocation of work at these stations, particularly the smaller 
ones, that was circulated by our colleague Mr. Barrow.
  There are a number of other concerns about the amendment, 
particularly some concerns about the clarity of the whistleblower 
amendments and how those would actually be put into effect. Also, a 
concern about realignment and consolidation language which ties the 
FAA's hands.
  The major concern we have, as I said, is especially in these tense 
times, where a small match could ignite a big fire in terms of trade 
relations. We are really playing with fire in the language that's 
contained in the manager's amendment having to do with inspection on a 
mandatory basis twice a year of all of these repair stations.
  I reserve the balance of my time.
  Mr. OBERSTAR. I yield such time as he may consume to the 
distinguished Chair of the Aviation Subcommittee, the gentleman from 
Illinois (Mr. Costello).
  Mr. COSTELLO. Thank you, Chairman Oberstar. I rise in support of the 
manager's amendment. Let me address a couple of issues that my friend, 
Mr. Petri, and Mr. Mica spoke about as far as the agreement that we 
have and the foreign repair stations--the mandate that we inspect those 
repair stations at least twice a year.
  Number one, the FAA not only has a right, but they have a 
responsibility to the flying public in the United States not only to 
inspect those repair stations when there is a problem or a complaint or 
an issue that is brought up, but they have a responsibility to inspect 
those repair stations and make sure that all of the repair stations 
both here in the United States and abroad are meeting the FAA 
regulations.
  I wonder if the groups and organizations who wrote letters in 
opposition

[[Page H5966]]

to this read the Department of Transportation Inspector General's 
report where, and I quote, ``The DOT inspector general stated that 
foreign inspectors oftentimes do not provide the FAA with sufficient 
information to determine the items inspected, problems discovered, and 
corrective actions taken.''
  The report goes on to say, ``In the files that the Department of 
Transportation inspector general reviewed, the inspection documents 
provided to the FAA were incomplete or incomprehensible 88 percent of 
the time, hampering the FAA's ability to verify the inspections 
conducted on its behalf adhered to FAA safety standards.''
  So let me just say that for those who are concerned about this 
requirement of having two physical inspections of foreign repair 
stations, this is the same language that was in the bill that was 
passed by this House by a vote of 267 Members in favor of the 
legislation. It is the exact same language--to have two inspections per 
year of foreign repair stations.
  The final point that I would make is we, again, in this legislation 
provide additional funding to the FAA to hire additional inspectors to 
carry out these inspections.
  Mr. PETRI. I would like to speak for a brief moment on a comment my 
colleague just made, and that is there is a bit of an impression being 
left that if we don't have these two inspections a year of these 
foreign European repair stations, they won't be inspected.
  They are inspected. In fact, in a number of jurisdictions, the 
standards that are imposed on these facilities by the European Union 
and the governments and jurisdictions in which they exist are stricter 
than our own standards are.
  So we do reserve the right now to inspect those stations if there is 
a problem. But to go ahead and require two inspections a year of 
stations that are already inspected by standards that we have concluded 
after experts have looked at it are perfectly adequate is really 
setting up a dynamic which will end up being disruptive to the industry 
and to good cooperative relations with our European allies.
  I reserve the balance of my time.
  Mr. OBERSTAR. I reserve the right to close.
  The Acting CHAIR. The gentleman from Wisconsin has the right to 
close.
  Mr. OBERSTAR. It's my amendment.
  The Acting CHAIR. The gentleman from Wisconsin has the right to 
close.


                         Parliamentary Inquiry

  Mr. OBERSTAR. Parliamentary inquiry. Is the right to close reserved 
to the opposition to the amendment?
  The Acting CHAIR. A manager in opposition to the amendment has the 
right to close. Mr. Petri is a manager in opposition.
  Mr. OBERSTAR. I yield 1 minute to the gentleman from Illinois (Mr. 
Costello).
  Mr. COSTELLO. I thank Chairman Oberstar again. Mr. Petri, I would 
just finally say again that we have the Department of Transportation 
inspector general report. We understand that there are a number of 
inspections that take place by other agencies outside of the FAA.
  But let me again read to you from the Department of Transportation 
inspector general. ``In the files that the DOT IG reviewed, the 
inspection documentation provided to the FAA was incomplete or 
incomprehensible 88 percent of the time, hampering the FAA's ability to 
verify that inspections conducted on its behalf adhered to FAA safety 
standards.''
  What we are simply saying is that we want the FAA to go to foreign 
repair stations and physically inspect them twice a year. And we are 
saying to our friends in Europe if they want to inspect repair stations 
that they are using here in the United States twice a year, or more 
than twice a year, they are more than welcome to do that.
  We believe that we have the right--not only the right, but an 
obligation to the flying public to require these inspections.
  I would also finally note we're talking about agreements that were 
negotiated by the past administration with our friends in Europe, and 
the past administration did not consult the Aviation Subcommittee or 
the Transportation Committee or the Congress when they negotiated these 
agreements.
  So we believe this is a reasonable thing to do. It was in the last 
bill that passed the Congress in September, 2007; 267 Members voted in 
favor of that bill with this provision in it. And we believe that it is 
the right thing to do and a reasonable thing to do, and it's an 
obligation we have to ensure the safety of the flying public.
  Mr. PETRI. I understand that since the gentleman from Minnesota is 
amending the bill and I'm a member of the committee, I have the right 
to close.
  The Acting CHAIR. The gentleman does have the right to close.
  The gentleman from Minnesota has approximately 2 minutes remaining.
  Mr. OBERSTAR. I yield 1 minute to the distinguished gentleman from 
Pennsylvania (Mr. Altmire).
  Mr. ALTMIRE. I rise to highlight my provision in the manager's 
amendment of the FAA authorization which directs the GAO to conduct a 
nationwide study of helicopter medical services.
  On April 22, the Aviation Subcommittee held a hearing on oversight of 
medical helicopters, which confirmed my concerns about this industry. A 
recent and disturbing increase in safety-related incidents involving 
helicopter medical services impacts real patients who have been harmed 
or put at risk in areas where there is fierce and unregulated 
competition among medical helicopters.
  The language that I provided Chairman Oberstar provides for a study 
to illuminate the troubles in the helicopter medical services industry 
and prevent unnecessary deaths and injuries among our country's most 
vulnerable medical patients.
  I look forward to working with the Department of Transportation 
following this study to fully implement these issues literally of life 
and death.
  Mr. OBERSTAR. Mr. Chairman, I will close to say that although we have 
beaten this repair station horse to death with 30-second cameo 
commentaries about threats of job losses, the point is safety. We must 
never negotiate away the right of the United States FAA, the gold 
standard for safety in the world, to assure that aircraft on which our 
fellow citizens travel are maintained properly and in accord with FAA 
standards and with certificated facilities and properly certificated 
maintenance personnel. And our right to inspect them should not be 
inhibited.
  The previous administration should never have negotiated away any 
such right or presumed to limit our ability.
  We are acting in this language in this bill under the authority of 
the U.S.-EU Aviation Agreement. It specifically says so. And for us to 
come in and inspect only when there is a problem is the graveyard 
mentality that got the FAA out of problems and fatalities in the 
eighties. We're not going to repeat that in the future.
  Mr. PETRI. The concern about this amendment is that we do have the 
ability to inspect if there's a reason now to inspect. It's very 
unlikely if this were to become law we would immediately have in place 
the inspectors necessary to inspect all of these European stations 
twice a year. As a result, the certification of many of them would be 
pulled. It would force retaliation by the Europeans on our own 
stations.
  If it was a sincere amendment, it would provide that it not go into 
effect until the government had an opportunity to inspect all of these 
stations twice. And it does not do that. We know how effective 
government is. It will take them years to man up and find all of these 
European stations. And so we oppose the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Minnesota (Mr. Oberstar).
  The amendment was agreed to.


             Amendment No. 2 Offered by Mr. Lee of New York

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in part C of House Report 111-126.
  Mr. LEE of New York. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Lee of New York:
       Page 259, after line 22, insert the following (with the 
     correct sequential designations and conform the table of 
     contents of the bill accordingly):

[[Page H5967]]

     SEC. 826. PILOT TRAINING AND CERTIFICATION.

       (a) Initiation of Study.--Not later than 3 months after the 
     date of enactment of this Act, the Comptroller General shall 
     initiate a study on commercial airline pilot training and 
     certification programs. The study shall include the data 
     collected under subsection (b).
       (b) Data Collected.--In conducting the study, the 
     Comptroller General shall collect data on--
       (1) commercial pilot training and certification programs at 
     United States air carriers, including regional and commuter 
     air carriers;
       (2) the number of training hours required for pilots 
     operating new aircraft types before assuming pilot in command 
     duties;
       (3) how United States air carriers update and train pilots 
     on new technologies in aircraft types in which they hold 
     certifications;
       (4) what remedial actions are taken in cases of repeated 
     unsatisfactory check-rides by commercial airline pilots;
       (5) what stall warning systems are included in flight 
     simulator training compared to classroom instruction; and
       (6) the information required to be provided by pilots on 
     their job applications and the ability of United States air 
     carriers to verify the information provided.
       (c) Contents of Study.--The study shall include, at a 
     minimum--
       (1) a review of Federal Aviation Administration and 
     international standards regarding commercial airline pilot 
     training and certification programs;
       (2) the results of interviews that the Comptroller General 
     shall conduct with United States air carriers, pilot 
     organizations, the National Transportation Safety Board, the 
     Federal Aviation Administration, and such other parties as 
     the Comptroller General determines appropriate; and
       (3) such other matters as the Comptroller General 
     determines are appropriate.
       (d) Report.--Not later than 12 months after the date of 
     initiation of the study, the Comptroller General shall submit 
     to the Administrator, the Committee on Transportation and 
     Infrastructure of the House of Representatives, and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report on the results of the study, together with 
     the findings and recommendations of the Comptroller General 
     regarding the study.

                              {time}  1530

  The Acting CHAIR. Pursuant to House Resolution 464, the gentleman 
from New York (Mr. Lee) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. LEE of New York. Thank you.
  I want to start by thanking my colleagues from western New York, Ms. 
Slaughter and Mr. Higgins, for signing on to this amendment and the 
support they have given to the families of the victims of flight 3407. 
The need for this amendment arose due to the revelations that came out 
of the NTSB hearings held last week and the causes of the crash. As I'm 
sure many Members of this distinguished body know by now, the crew of 
flight 3407 was not adequately trained to execute maneuvers that may 
have prevented this tragedy. All 49 people onboard lost their lives in 
addition to one person on the ground. Here we had a case of a regional 
carrier, Colgan Air, operating under the banner of a major commercial 
airline. So the passengers were flying on a Colgan plane but were 
holding Continental Airline tickets. This is not unusual. In fact, 
regional carriers now make up almost half of the Nation's daily 
flights. These revelations, combined with the fact that all of the 
multiple fatality commercial plane crashes that have occurred in this 
country since 2002 have been on regional carriers, have left the 
families and the public with more questions than answers.
  This amendment would instruct the GAO to conduct a thorough 
investigation of all commercial airline pilots' training and 
certification programs, including the standards the FAA uses for such 
programs, how quickly air carriers update and train pilots on new 
technologies, and what warning technologies are in place to signal 
impending danger. This top-to-bottom review will provide the American 
people with an independent look at the disparity in training between 
the regional carriers and major commercial airlines and, more 
importantly, what impact it has on passenger safety.
  I want to submit a message from Kevin Kuwik, whose girlfriend lost 
her life in the crash. Kevin has been speaking on behalf of the 
families.
  ``In the past 3 months, our group of families has struggled to come 
to terms with the fact that this tragic accident was, seemingly, very 
preventable. This action represents an important step in ensuring that 
all pilots are trained at the highest level possible, especially in the 
critical areas of stall recovery and cold weather operations, to 
prevent other families from having to suffer through what we have.''
  I want to echo the forward-looking aspect of Kevin's statement. This 
is not about assigning blame to any one individual or entity. While it 
is horrifying to think that this tragedy may have been avoided, this 
comprehensive review would expose information that would help the 
aviation industry reform its training practices to ensure passenger 
safety and confidence.
  I want to close by again thanking my colleagues from western New 
York, Ms. Slaughter and Mr. Higgins, for agreeing that there is a need 
for this action and, more importantly, for the support they have given 
to our community in the months since the tragedy occurred. I urge the 
adoption of this amendment.
  I reserve the balance of my time.
  Mr. HIGGINS. I rise to claim the time in opposition, although I am 
not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from New York is 
recognized for 5 minutes.
  There was no objection.
  Mr. HIGGINS. I yield myself as much time as I may consume.
  Mr. Chairman, I am pleased to join my western New York colleagues, 
Congressman Chris Lee and Congresswoman Louise Slaughter, in offering 
this amendment to require a Government Accountability Office study of 
commercial airline pilot training and certification programs.
  On February 12, 2009, 50 lives were lost when Continental Connection 
flight 3407 crashed into a house in Clarence, New York, 5 miles from 
the Buffalo Niagara International Airport. What was to be a joyous 
reuniting of family and friends became a time of unspeakable grief and 
sorrow. It is a tragedy our community continues to grapple with today.
  Last week, the National Transportation Safety Board held public 
hearings on the crash. The investigation raised the issue that the 
crew's level of hands-on training and experience with the plane's 
safety system may have contributed to the crash. Given these findings, 
we must conduct a comprehensive review of the procedures governing the 
certification and training of pilots. This review will determine 
whether our pilots are receiving the training and experience they need 
to operate their aircraft under times of extreme difficulty and stress. 
We have an obligation to ensure that they are properly prepared to 
prevent, respond to and recover from the emergencies and circumstances 
they may encounter in flight.
  This amendment will provide Congress with the information and 
analysis we need to determine whether pilot training and certification 
regulations are sufficient, or whether and how they should be 
strengthened. The devastation felt in the aftermath of this tragedy can 
never be undone. But we owe it to the families of the victims and to 
all air passengers to learn from this experience and to gather 
information that we can use to change the system and improve flight 
safety.
  I thank Congressman Chris Lee for his leadership and for bringing 
this amendment to the floor. This is a good, commonsense amendment. I 
urge its adoption.
  I reserve the balance of my time.
  The Acting CHAIR. The gentleman from New York (Mr. Lee) has 2 minutes 
remaining.
  Mr. LEE of New York. I would like to yield 1 minute to the 
distinguished gentleman from Wisconsin (Mr. Petri).
  Mr. PETRI. I thank my colleague Chris Lee from New York for yielding 
and rise in support of his amendment. It's an important step to prevent 
similar accidents in the future. It is something that we need to do, 
and I very much appreciate his offering the amendment at this time.
  Mr. BOCCIERI. Mr. Chair, the resolution seeks a GAO study on all 
commercial airline pilot training and certification programs in the 
wake of new revelations surrounding the events that led up to the 
Continental Connection Flight 13407 tragedy.
  FAA minimum pilot standards are long overdue for an overhaul.
  It is my hope Congress will take a comprehensive look at these 
standards and make necessary changes. This study will help us determine 
what shortcomings currently exist.

[[Page H5968]]

  The Colgan Air crash in Buffalo underscored the danger of not having 
fully trained pilots in the cockpit.
  The flying public has a reasonable expectations that pilots will have 
all the critical training necessary to protect their lives in the air 
and make in-flight adjustments based on conditions; while 
investigations are ongoing--it is becoming clear Colgan did not meet 
those expectations in the Buffalo crash.
  (1) Commercial pilot training and certification programs at United 
States air carriers, including regional and commuter air carriers;
  (2) The number of training hours required for pilots operating new 
aircraft types before assuming pilot in command duties;
  (3) How United States air carriers update and train pilots on new 
technologies in aircraft types in which they hold certifications;
  (4) What remedial actions are taken in cases of repeated 
unsatisfactory check-rides by commercial airline pilots;
  (5) What stall warning systems are included in-flight simulator 
training compared to classroom instruction;
  (6) The information required to be provided by pilots on their job 
applications and the ability of United States air carriers to verify 
the information provided.
  Mr. HIGGINS. Mr. Chairman, I yield back the balance of my time.
  Mr. LEE of New York. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Lee).
  The amendment was agreed to.


               Amendment No. 3 Offered by Ms. Richardson

  The Acting CHAIR. It is now in order to consider amendment No. 3 
printed in part C of House Report 111-126.
  Ms. RICHARDSON. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Ms. Richardson:
       Page 142, at the end of the matter following line 5, insert 
     the following:

42304. Notification of flight status by text message or email.

       Page 147, line 25, strike the closing quotation marks and 
     the final period and insert the following:

     ``Sec. 42304. Notification of flight status by text message 
       or email

       ``Not later than 180 days after the date of enactment of 
     this section, the Secretary of Transportation shall issue 
     regulations to require that each air carrier that has at 
     least 1 percent of total domestic scheduled-service passenger 
     revenue provide each passenger of the carrier--
       ``(1) an option to receive a text message or email or any 
     other comparable electronic service, subject to any fees 
     applicable under the contract of the passenger for the 
     electronic service, from the air carrier a notification of 
     any change in the status of the flight of the passenger 
     whenever the flight status is changed before the boarding 
     process for the flight commences; and
       ``(2) the notification if the passenger requests the 
     notification.''.

  The Acting CHAIR. Pursuant to House Resolution 464, the gentlewoman 
from California (Ms. Richardson) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentlewoman from California.
  Ms. RICHARDSON. Mr. Chairman, I have offered an amendment today which 
would give the FAA administrator 180 days to issue regulations to 
mandate giving consumers an option for text message and/or e-mail 
notification from carriers in the event of a delay or canceled flight. 
The amendment would, consistent with the existing regulations, apply to 
18 major carriers who earn at least 1 percent of the domestic passenger 
service revenue and in that way those carriers could, in fact, provide 
a commonsense option for all passengers.
  The reason for the amendment is that a limited number of carriers 
offer this service, and those who do often only provide the service to 
those who are willing to participate in membership clubs or incentives 
to join. With well-known horror stories of delayed and canceled 
flights, combined with the widespread capabilities for the use of cell 
phones and BlackBerrys nationwide, it's time to provide a 21st century 
solution to the American flying public. Americans and worldwide 
travelers are calling for solutions that would enable critical 
information people need to ensure proper planning in the case of a 
delay or cancellation.
  There is overwhelming evidence that delays and cancellations continue 
to be a common nuisance.
  About 24 percent of all flights, that is almost 1 out of 4, were 
delayed or cancelled in 2008. In a 2006 example that garnered media 
attention, thunderstorms shut down American Airlines' operations in 
Dallas-Fort Worth and passengers were stranded for nine hours or more.
  Major chokepoints for travelers have been large, hub airports. Even 
when Chicago, New York, Atlanta or San Francisco is not your final 
destination, thousands of passengers are routed through those hubs for 
a connection.
  Although, with a decline in air traffic due to our economic 
condition, progress is still slow in many of our major airports such as 
JFK or LaGuardia in New York, or Chicago's O'Hare. Even worse, San 
Francisco International actually saw an increase in delay times by 6 
percent from 2007 to 2008.
  There are many reasons that a delay could occur and unfortunately 
most passengers are not aware, for example, of poor weather conditions 
in other cities that indirectly affect their flight. In one example, a 
direct flight last year from Denver to Alabama was delayed 8 hours 
because the airline did not have a plane available. The plane was 
grounded in Aspen, Colorado due to snow and could not make the trip to 
Denver.
  This is a common example of an airline having prior notice of an 
upcoming delay. The airline could have sent each passenger who 
requested it an email or text message, and those passengers could have 
more time to plan a different route or contact their family with the 
news.
  This past March, snow slammed the East Coast unexpectedly. In the New 
York region alone, the storm caused 350 cancelled flights at Newark 
Airport, 115 at JFK, and 450 at LaGuardia.
  One woman, Ms. Marreta Rashad, did not find out her flight home to 
Houston was cancelled until she had already made the long trek to 
LaGuardia. ``I'm not unhappy about the snow,'' she said. ``I'm unhappy 
about the fact they don't notify you.''
  Customer service matters. Why? It is in the economic interests of 
this nation for the continuation of a stable aviation industry while 
protecting their customers and providing them with the tools to make 
informed traveling decisions. The summer travel season is coming and it 
is important for every American business, large and small, that folks 
travel around the country to keep our tourism sector strong.
  It is important to note that this amendment does not call for the 
aviation carriers to provide the service at no cost; similar to if 
someone makes a 4-1-1 information call on their cell phone, passengers 
will pay whatever their telecommunications or electronic plan requires. 
But, passengers should have the piece of mind to know that if they 
choose, they will be armed with the latest information.
  I want to thank Chairman Oberstar and Chairman Costello for their 
feedback on this amendment. I urge all my colleagues to support this 
commonsense amendment.
  Mr. COSTELLO. Will the gentlewoman yield?
  Ms. RICHARDSON. I yield to the gentleman from Illinois.
  Mr. COSTELLO. Let me say that you have made a very strong case, and 
we accept your amendment.
  Ms. RICHARDSON. I reserve the balance of my time.
  Mr. PETRI. Mr. Chairman, I rise with concerns about the amendment.
  The Acting CHAIR. The gentleman from Wisconsin is recognized for 5 
minutes in opposition.
  Mr. PETRI. I think we can all agree that notifying passengers of 
their flight's status is quite important. But I would like to express a 
number of concerns about the amendment. It's an important area, and we 
would like to work on it, but we want it to be an effective amendment 
that would not have unintended consequences. So it is in that spirit 
that I express concerns about the amendment.
  We worry that the amendment will have negative, as I said, unintended 
consequences on some air carriers. Although it only applies to carriers 
that earn at least 1 percent of domestic passenger service revenue, 
this amendment will still affect many regional carriers that do not 
have the capability of carrying out the mandates of the amendment. The 
vast majority of regional carriers do not issue tickets. This is done 
by their mainline air partner. Thus, these regional carriers do not 
even have their passengers' contact information, making the requirement 
impossible to adhere to by them. They would have to be relying on their 
mainline partner.
  The Regional Airline Association believes that this amendment, as 
currently written, would require a fundamental restructuring of the 
contracts and partnership language between the regionals and the 
mainline carriers that could affect the relationships in a number of 
ways.
  I hope that my colleagues will join me in working as we go forward to 
refine this amendment so that it

[[Page H5969]]

achieves its intended notification to passengers without economically 
damaging consequences on the balance of power between the small 
regionals and the mainline partners that they have.
  Mr. OBERSTAR. Will the gentleman yield?
  Mr. PETRI. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. Could the gentleman explain whether his position is 
just raising questions or is he in opposition to the amendment?
  Mr. PETRI. We're just raising questions. We agree the amendment is an 
important one, and it addresses a real need. We just want it not to 
have the unintended consequence of benefiting the mainline ticket 
processing operations at the expense of the small regional carriers 
which, if it was a mandate, it might have the effect of doing. It is 
not the intention of it, but it would be an unintended consequence 
because these people would need to get the information to comply from 
someone else, and that person, foreseeably, could affect the contract 
relationship.
  Mr. OBERSTAR. If the gentleman would further yield, it's a legitimate 
concern, and we will address that concern--I assure the gentleman--as 
we move forward to hopefully conference with the Senate. I would like 
the distinguished ranking member to give us some further elaboration of 
these issues. We will address those.
  Mr. PETRI. With the assurance of the chairman, at this time we would 
be happy to see the amendment move forward, knowing that it will be 
refined as we go forward.
  I yield back the balance of my time.
  Ms. RICHARDSON. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from California (Ms. Richardson).
  The amendment was agreed to.


                 Amendment No. 4 Offered by Mr. Burgess

  The Acting CHAIR. It is now in order to consider amendment No. 4 
printed in part C of House Report 111-126.
  Mr. BURGESS. I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Burgess:
       Page 259, after line 22, insert the following (with the 
     correct sequential designations and conform the table of 
     contents of the bill accordingly):

     SEC. 826. WHISTLEBLOWERS AT FAA.

       It is the sense of Congress that whistleblowers at the 
     Federal Aviation Administration be granted the full 
     protection of the law.

  The Acting CHAIR. Pursuant to House Resolution 464, the gentleman 
from Texas (Mr. Burgess) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. BURGESS. Thank you.
  Today Congress will vote on H.R. 915, which will reauthorize the 
funding and Safety Oversight Program of the Federal Aviation 
Administration for 4 years. This will cost the American taxpayers $70 
billion. Yet again, another omnibus bill for yet another historic 
amount of money, and this time spent for the FAA. Where will this money 
come from? The money will not come from large commercial airlines. 
These fees will not be generated alone by labor and the efforts of big 
businesses. These fees will come from the average American already 
struggling to make ends meet. For instance, this bill will increase the 
Passenger Facility Charge on airline flights from $4.50 to $7. So every 
American flying will now have to pay $2.50 more for each trip. In these 
tough and trying economic times, every dollar counts. So how can we 
justify making our constituents and airline consumers pay more money to 
fly and visit their relatives?
  This bill will also create new fees for registering an aircraft. A 
new fee for the issuance of aircraft certificates, a new fee for the 
issuance of special registrations, a new fee for recording security 
interests, and a new fee for legal opinions for aircraft registration 
or recordation. There is even a new fee for replacing or issuing airman 
certificates. It begs the question, what won't we be imposing a new fee 
upon?
  At least with this bill, a vote for it will affect everyone. Everyday 
travelers, tourists, small businesses and large businesses alike will 
have their pocketbooks affected. I refer specifically to the language 
in this bill regarding the antitrust immunity sunset, which would 
terminate airline code-sharing alliance agreements between airlines and 
the United States Government. Most major U.S. airlines are members of 
one of three partnerships. They entered into these alliance agreements 
in the late eighties and the early nineties under both Republican and 
Democratic Presidential leadership, with full review of the U.S. 
Department of Transportation as well as the Antitrust Division of the 
U.S. Department of Justice.
  Now it has been estimated that these airlines will lose almost $5 
billion in 2009 alone due to the precipitous drop in passengers.
  Mr. OBERSTAR. Will the gentleman yield?
  Mr. BURGESS. No. Let me continue because my time is short.
  We are punishing the American consumer by increasing the Passenger 
Facility Charge, and now we're punishing the American consumer by 
inconveniencing their ability to book travel. I can only begin to 
imagine the increase in costs when we eradicate these alliances. 
However, there is one issue in the bill which is clearly bipartisan and 
which none of us would ever stand in disagreement upon, and that is the 
issue of safety.

                              {time}  1545

  Every citizen should be safe when they fly, and those who act to 
ensure our continued safety must be recognized and protected. If any 
element of safety is compromised, then we deserve to know.
  The amendment I offer today does not give whistleblowers any new laws 
to pursue legal action. The amendment only proposes to preserve the 
laws that they already have and certainly not give them any less. They 
should not be faced with retaliatory firings. They should not have 
retribution taken in their private, non-work lives.
  Individuals in the world of the Federal Aviation Administration 
should be able to speak up and speak out when safety is being 
compromised. Whether it is the Federal Government, a private company, 
or their fellow colleagues who compromise safety, these brave people 
are entitled to the full protection of the law when they inform the 
public as to how our safety is compromised.
  In my district we have had several instances of constituents who have 
acted as whistleblowers. Some have had their claims fully investigated 
and overseen by the FAA. Some have not. Some have been punished for 
speaking out. Some have not. We must make certain that every 
whistleblower is treated fairly and equally. Each and every claim 
reported to the FAA should be properly reviewed. I asked in November of 
2008 to conduct an oversight and investigations hearing focusing on 
whistleblowers.
  I would like for this letter that I sent to my Subcommittee of 
Oversight and Investigations to be included in the Record.

                                                November 18, 2008.
     Hon. Bart Stupak,
     Chairman, Oversight and Investigations,
     Washington, DC.
       Dear Chairman Stupak, When we spoke a few weeks ago, I 
     mentioned a situation relating to the Dallas-Fort Worth's 
     Terminal Radar Approach Control (DFW TRACON) that could place 
     the safety of the flying public at risk. I believe that this 
     issue should be of interest to you as Chairman of the Energy 
     and Commerce Committee's Oversight and Investigation 
     Subcommittee as an example of how certain whistleblowers 
     courageously reported abuses of the public trust in an 
     attempt to change FAA's safety and management culture. If you 
     are contemplating a hearing during the 111th Congress 
     focusing on federal whistleblowers, I believe the addition of 
     any one of the brave Americans involved in this particular 
     situation would provide a valuable perspective.
       This dangerous situation came to light when one of my 
     constituents, Anne Whiteman, raised concerns about the 
     Federal Aviation Administration management at DFW TRACON. Her 
     concerns were that senior managers and air-traffic 
     controllers intentionally misclassified near-miss events as 
     pilot error when in fact they were due to controller error in 
     order to avoid investigation of these incidents and potential 
     disciplinary action. The Office of the Inspector General at 
     the Department of Transportation, at the direction of the 
     Office of Special Council, initiated an investigation and in 
     April 2008 they concluded that Anne Whiteman's concerns were 
     well-founded. Their report confirmed that senior management 
     officials at the FAA jeopardized the safety of our citizens 
     by misclassifying air traffic events

[[Page H5970]]

     merely so they could falsely improve their quality ranking.
       As per DOT procedure, this report by the DOT's OIG was 
     referred to the Office of Special Counsel, and on November 
     14, 2008, they issued their report also finding Anne 
     Whiteman's facts to be reasonable. OSC found that the DFW 
     TRACON acted to systematically mischaracterize operational 
     errors as pilot errors. The OSC found this systematic 
     behavior directly resulted from a general lack of oversight 
     at the FAA and also made recommendations to mitigate and 
     avoid this type of situation in the future. I have included a 
     copy of the OSC final report and the OIG April 2008 
     Memorandum for your review.
       Thank you for your consideration of this request. As 
     always, it is a pleasure working with you. Even though we do 
     not always see eye-to-eye on every issue, I know both you and 
     I share a desire to ensure that those entrusted with the 
     public's safety are held accountable.
           Sincerely,
                                                Michael C Burgess,
                                               Member of Congress.

  I wanted this Congress to look into how certain courageous 
whistleblowers report abuses of the public trust and how the FAA's 
safety and management culture responds.
  Now, I am well aware that we have stopgap funding for the FAA. 
Perhaps as a result of this, the FAA has not had the time, the energy, 
or the resources to do proper oversight and investigations. Perhaps 
they have not had a chance to look into each and every whistleblower 
action. If this is the case, then the solution is not to create new 
laws, thus new actions for the FAA to undergo. The solution is not to 
give them unheard of amounts of money by taxing consumers.
  Instead, let us give the FAA the resources they need to do the proper 
oversight and investigations and ensure that the safety of our citizens 
is our first and foremost concern. My amendment will recognize the role 
whistleblowers play in creating a safe flying environment, and I hope 
Members will join me in supporting their important role.
  Mr. PETRI. Will the gentleman yield?
  Mr. BURGESS. I yield to the gentleman from Wisconsin.
  Mr. PETRI. The amendment affirms the sense of Congress that 
whistleblowers at the FAA should be fully protected by law, and we 
support the amendment.
  The Acting CHAIRMAN. The time of the gentleman from Texas has 
expired.
  Mr. OBERSTAR. I ask unanimous consent to claim time in opposition to 
the amendment, although I do not intend to oppose the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman from Minnesota 
is recognized for 5 minutes.
  There was no objection.
  Mr. OBERSTAR. It was unclear to me what the gentleman was proposing. 
His amendment deals with whistleblowers, but his conversation rambled 
all over the lot on other provisions of the bill, and I was simply 
going to ask the gentleman if he was ever going to get to his 
amendment. And eventually he did.
  We accept the whistleblower amendment. However, the gentleman is 
misguided about the passenger facility charge. We do not require 
airports to impose passenger facility charges, Mr. Chairman. It is a 
local option. They either do or they do not as airport needs require. 
If they want to expand airport runway capacity, taxiway capacity, 
parking apron capacity on the air side of airports and need, in 
addition to the airport improvement funds, additional revenues to do 
that, they will have to justify to their board, to their community, to 
those who use that airport, they have to justify their proposal to 
increase the passenger facility charge, show how it is going to be 
used, show how the revenues will contribute to improvement of aviation 
service and do it all in a public process.
  I'm puzzled as to the gentleman's concerns about that provision and 
many others.
  I yield to the gentleman from Illinois, the Chair of the 
subcommittee.
  Mr. COSTELLO. I thank you for yielding, Mr. Chairman.
  The point that I would make about the passenger facility charges is 
exactly the point that Chairman Oberstar just made. It is permissive. 
It is up to the local airport authority. And if, in fact, there is a 
passenger facility charge collected, it stays there at the local 
airport.
  Mr. PAYNE: Mr. Chair, I rise in strong support of the Burgess 
amendment to ensure whistleblower protection for FAA employees, and I 
commend Dr. Burgess for offering this amendment. I have been deeply 
disturbed at the situation at Newark Liberty International Airport in 
my congressional district of Newark, New Jersey. The safety concerns 
raised by a number of our air traffic controllers, the professionals we 
rely on to get us safely to and from our destinations, have been 
virtually ignored.
  We have a situation where wrong turns caused by pilots' confusion 
over the FAA's new procedure have resulted in near-collisions. Yet, 
when the air traffic controllers have expressed alarm, the response of 
FAA management has been to retaliate against the employees who are 
trying to guard the safety of the flying public. Let me also add that I 
am disappointed that New Jersey communities, especially those in Essex 
and Union counties in my congressional district, are being forced to 
bear an unfair share of the noise burden under the airspace redesign 
plan. I hope that the new FAA administrator will address both the 
whistleblower protection issue and the need to reexamine the airspace 
redesign plan.
  Mr. OBERSTAR. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Burgess).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. OBERSTAR. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.


          Amendment No. 5 Offered by Mr. Cuellar, As Modified

  The Acting CHAIR. It is now in order to consider amendment No. 5 
printed in part C of House Report 111-126.
  Mr. CUELLAR. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Cuellar:
       Page 258, after line 11, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 824. FAA RADAR SIGNAL LOCATIONS.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on the locations of 
     Federal Aviation Administration radar signals (in this 
     section referred to as ``FAA radars'') in the United States, 
     including the impact of such locations on--
       (1) the development and installation of renewable energy 
     technologies, including wind turbines; and
       (2) the ability of State and local authorities to identify 
     and plan for the location of such renewable energy 
     technologies.
       (b) Consultation.--In conducting the study, the 
     Administrator may consult with the heads of appropriate 
     agencies as needed.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study.
       (d) Administrative Process.--The Administrator shall 
     develop an effective administrative process for relocation of 
     FAA radars, as necessary, and testing and deployment of 
     alternate solutions, as necessary.

  The Acting CHAIR. Pursuant to House Resolution 464, the gentleman 
from Texas (Mr. Cuellar) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. CUELLAR. Mr. Chairman, I ask for unanimous consent to modify the 
amendment with the modification at the desk.
  The Acting CHAIR. The Clerk will report the modification.
  The Clerk read as follows:

       Amendment No. 5 Offered by Mr. Cuellar, as modified:
       Page 258, after line 11, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 824. FAA RADAR SIGNAL LOCATIONS.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on the locations of 
     Federal Aviation Administration radar signals (in this 
     section referred to as ``FAA radars'') in the United States, 
     including the impact of such locations on--
       (1) the development and installation of renewable energy 
     technologies, including wind turbines; and
       (2) the ability of State and local authorities to identify 
     and plan for the location of such renewable energy 
     technologies.
       (b) Consultation.--In conducting the study, the 
     Administrator may consult with the heads of appropriate 
     agencies as needed.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the

[[Page H5971]]

     Administrator shall transmit to Congress a report on the 
     results of the study.
       (d) Administrative Process.--The Administrator shall 
     develop an effective administrative process for relocation of 
     FAA radars, when appropriate, and testing and deployment of 
     alternate solutions, as necessary.
       (e) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to affect the authority of the 
     Administrator to issue hazard determinations.

  Mr. CUELLAR (during the reading). Mr. Chairman, I ask unanimous 
consent to dispense with the reading of the modification.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Texas?
  There was no objection.
  The Acting CHAIR. Without objection, the amendment is modified.
  There was no objection.
  Mr. CUELLAR. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I want to thank first, of course, our chairman, Mr. 
Oberstar, for his leadership on this bill.
  My amendment will assess the effect of the FAA's radars and 
alternative technology development especially on wind farm development 
and when appropriate direct the administrator to develop a process for 
the relocation of those radars if a suitable alternative site is 
identified. This bipartisan amendment was bourn out of conversation 
with the FAA and the Transportation and Infrastructure's Aviation 
Subcommittee. I certainly want to thank the chairman also.
  Mr. Chairman, I want to be clear that nothing in this amendment shall 
be construed to constrain the issuing of a determination of no hazard 
to air navigation for wind construction projects while the study is 
underway. I have included clarifying language in my modified amendment, 
and I intend to work with Chairman Oberstar and the Senate in the 
conference to ensure that the legislative intent of this amendment 
stays there so we don't halt the issuance of permits for wind 
technology.
  Mr. COSTELLO. I ask the gentleman to yield.
  Mr. CUELLAR. Yes, sir.
  Mr. COSTELLO. The gentleman has made a strong case. We accept the 
amendment, and we will submit a statement in the Record.
  Mr. CUELLAR. I would like to yield 1 minute to Mr. McCaul.
  The Acting CHAIR. The gentleman from Texas is recognized for 1 
minute.
  Mr. McCAUL. I thank the gentleman from Texas, my good friend, Mr. 
Cuellar.
  Mr. Chairman, I rise in support of this amendment that I'm proud to 
cosponsor. I urge its adoption. As we all know, the development of 
alternative energy is of supreme importance to this country both as an 
economic and a national security issue. I believe in the all-of-the-
above energy policy that includes more energy domestically.
  Unfortunately, in our home State of Texas, the construction of wind 
farms has been delayed because such farms interfere with radars used by 
the FAA. The amendment is simple. It requires the FAA to study and 
report to the Congress on the impact radar replacement can have on the 
development of renewable energy facilities. If they can still achieve 
their national security and public safety goals from an alternative 
location while still accommodating the development of renewable energy, 
then Congress should know this so we can then take appropriate action.
  Mr. CUELLAR. I just want to thank Mr. Oberstar and Mr. Costello for 
their time and Mr. McCaul, Mr. Ortiz, and Mr. Rodriguez, who also 
cosponsored this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. Does any Member seek time in opposition?
  If not, the question is on the amendment, as modified, offered by the 
gentleman from Texas (Mr. Cuellar).
  The amendment, as modified, was agreed to.


                 Amendment No. 6 Offered by Mr. McCaul

  The Acting CHAIR. It is now in order to consider amendment No. 6 
printed in part C of House Report 111-126.
  Mr. McCAUL. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. McCaul:
       Page 259, after line 9, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 826. PROHIBITION ON USE OF CERTAIN FUNDS.

       The Secretary may not use any funds authorized in this Act 
     to name, rename, designate, or redesignate any project or 
     program under this act for an individual then serving as a 
     Member, Delegate, Resident Commissioner, or Senator of the 
     United States Congress.

  The Acting CHAIR. Pursuant to House Resolution 464, the gentleman 
from Texas (Mr. McCaul) and a Member opposed each will control 5 
minutes. The Chair recognizes the gentleman from Texas.
  Mr. McCAUL. Mr. Chairman, I rise today to offer this amendment that 
would prohibit naming airports, Federal programs, and other projects 
under the FAA's jurisdiction after sitting Members of Congress. 
Although such instances are rare, this practice further erodes the 
public trust in this institution and its Members.
  Recent press reports from the John Murtha Johnstown-Cambria County 
Airport highlight this problem. The airport received $800,000 from the 
stimulus package to upgrade its alternative runway. Whether or not that 
is a wise use of money is not the question this amendment is intended 
to address. Rather, the problem is that the perception of the American 
people is that this little airport is getting special treatment because 
it is named after Congressman Murtha.
  This perception feeds the belief that Members of Congress are 
arrogant and out of touch with the American people that we represent. 
This is a problem that exists in other areas of the Federal Government 
as well. There are courthouses, such as the ones named after Senator 
Thad Cochran of Mississippi, and then there is the Charlie Rangel 
Center for Public Service. There are also various roads and bridges 
across the country named after Members of Congress and everything from 
schools to clinics to prisons in West Virginia named for Senator Byrd.
  Unlike the bill I have introduced to end this practice, this 
amendment is limited only to the scope of projects authorized by the 
underlying bill. But with this first step, we can start to correct this 
and hopefully begin anew to restore some of the standing that this 
great institution has lost with the people that it serves.
  I ask my colleagues to support this amendment, and I reserve the 
balance of my time.
  I yield to the gentleman from Wisconsin (Mr. Petri).
  Mr. PETRI. The amendment that the gentleman offered would help 
restore confidence in the public's mind that the projects and programs 
included in the authorization bill are for the public benefit.
  I would like to thank you for offering the amendment.
  I urge my colleagues to support the amendment.
  The Acting CHAIR. The gentleman from Texas reserves the balance of 
his time.
  Mr. OBERSTAR. I ask unanimous consent to claim time in opposition to 
the amendment, although I think I do not intend to oppose it.
  The Acting CHAIR. Without objection, the gentleman from Minnesota is 
recognized for 5 minutes.
  There was no objection.
  Mr. OBERSTAR. I just want to make it clear that the language of the 
amendment is general in nature. And Mr. Chairman, I ask of the offeror 
of the amendment, although he referenced sitting Members of the House 
and Senate, he does not intend this language to apply to any specific 
Member, is that correct?
  Mr. McCAUL. Will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman.
  Mr. McCAUL. This amendment is not intended to be applied 
retroactively. It would only apply to then Members--
  Mr. OBERSTAR. The language is not intended to apply, my question is, 
to any specific Member?
  Mr. McCAUL. That's correct.
  Mr. OBERSTAR. It was a few years ago, quite a few years ago, 1996 to 
be exact, that the Republican majority foisted upon the Washington 
Airport Authority a requirement to designate, redesignate the name of 
the airport serving the Nation's capital. They started out this 
amendment by the

[[Page H5972]]

gentleman from Georgia, Mr. Barr, to name it ``Reagan National 
Airport.'' We pointed out that is renaming the airport. It is named for 
the first President of the United States.
  That language was changed to call it the ``Washington-Reagan National 
Airport.'' Not only did the amendment require the Washington National 
Airport Authority to change the name of the airport, but it was made 
very clear to me that if they did not do that, and if they did not 
change the signs at their expense, that funds would be withheld from 
Washington National Airport. That was mean. That was vicious. It was 
done because there was the power to do it. And it was the wrong thing 
to do.
  Now we should not be naming facilities for sitting Members of the 
House or of the other body. The plain language of the amendment is 
right, and that is the practice that we have followed. And I accept 
that. But I would just point out, as I did in that debate in 1996, that 
when the question of naming the new airport in Loudoun County came up, 
Senator Dole offered the amendment to give the Washington National 
Airport Authority the authority to designate a name for that airport. 
He did not say what name it should be. The airport authority named it.
  I was of a mind to include such language in this bill, but I withheld 
doing it, to reestablish the power of the Washington National Airport 
Authority to rename that airport, should they choose to do so. It is 
their authority. It is not ours. And the then-majority ran roughshod. 
And I said to the gentleman from Georgia, you would scream to high 
heaven if the Congress tried to do this to an airport in your 
community, in your district. You would scream to high heaven if we told 
you what name to give it and to change the signs around the airport at 
your expense. But you are doing it out of harshness to the Nation's 
capital.

                              {time}  1600

  That's the wrong attitude, and the gentleman's amendment is in the 
right spirit.
  But I just want to say for some of the interventions that I've heard 
on this floor that I've had it a little bit with posturing. This is not 
posturing. This is right. This is fair. We ought to do it, and we 
accept the amendment, but just know that there is a painful history and 
a wrong history about naming facilities.
  I yield back the balance of my time.
  Mr. McCAUL. Mr. Chairman, I share in the same spirit with Chairman 
Oberstar. I think it's the height of arrogance for us to name, at 
taxpayer expense, buildings after sitting Members of Congress, people 
in the Congress, currently serving, and that's what the American people 
resent about this institution. And I appreciate the bipartisanship you 
bring to this.
  I would also say that President Reagan was not in office at the time 
of the naming, and I thought it was very fitting to have named it after 
President Reagan, as it would be if a Member of Congress retires from 
this institution and the Congress decides to name a building after a 
retired Member of Congress.
  But it is entirely inappropriate for a Member of Congress to use 
taxpayer dollars to name a building after himself or herself to glorify 
themselves.
  So, with that, I thank the chairman for his bipartisanship on this 
issue.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. McCaul).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. McCAUL. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.


          Amendment No. 7 Offered by Mr. Murphy of Connecticut

  The Acting CHAIR. It is now in order to consider amendment No. 7 
printed in part C of House Report 111-126.
  Mr. MURPHY of Connecticut. Mr. Chairman, I have an amendment at the 
desk made in order under the rule.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Murphy of Connecticut:
       Page 183, after line 21, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 505. DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL 
                   PROPERTIES.

       Section 47504 (as amended by this Act) is further amended 
     by adding at the end the following:
       ``(g) Determination of Fair Market Value of Residential 
     Properties.--In approving a project to acquire residential 
     real property using financial assistance made available under 
     this section or chapter 471, the Secretary shall ensure that 
     the appraisal of the property to be acquired disregards any 
     decrease or increase in the fair market value of the real 
     property caused by the project for which the property is to 
     be acquired, or by the likelihood that the property would be 
     acquired for the project, other than that due to physical 
     deterioration within the reasonable control of the owner.''.

  The Acting CHAIR. Pursuant to House Resolution 464, the gentleman 
from Connecticut (Mr. Murphy) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Connecticut.
  Mr. MURPHY of Connecticut. I yield myself such time as I may consume.
  I'd like to thank Chairman Oberstar and Chairman Costello and the 
minority members on the committee for allowing this amendment to come 
before us today.
  Every year, the FAA works with local communities and local airports 
to address and try to remediate noise and safety issues. In my 
district, that's happening with respect to the Waterbury-Oxford 
Airport, which has changed over time: a lot more jet traffic, a lot 
more noise and increased safety concerns for, in particular, a 
neighborhood, the Triangle Hills neighborhood, which sits in the town 
of Middlebury.
  We are undergoing a process right now to potentially purchase and 
relocate some of the people who live in that neighborhood. A problem, 
though, potentially arises in that during the process of notifying the 
neighborhood and the community about a relocation effort, the value of 
those homes is going to normally drop. It is standard practice in the 
FAA to make sure that in assessing the value of those homes that you do 
not allow for the decrease in value due to the notice regarding a 
potential relocation. This amendment simply seeks to take that standard 
practice issued in guidelines to local Departments of Transportation 
and put it into statute.
  This is going to make sure that these processes of relocation ensure 
that people in the Triangle Hills neighborhood and like neighborhoods 
around the country get the fair market value for their homes, but also, 
I think it will allow this program to work more efficiently as it goes 
forward. I think residents will be much more willing to enter into 
these type of noise remediation and safety remediation plans if they 
have some assurance that they are going to get a fair price for their 
homes.
  So I thank again the chairman and the ranking member for working with 
us on this amendment; and on behalf of the dozens of residents of the 
Triangle Hills neighborhood, we thank you for allowing us to bring this 
amendment before us.
  I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent to claim time in 
opposition, though I do not intend to oppose.
  The Acting CHAIR. Without objection, the gentleman from Minnesota is 
recognized for 5 minutes.
  There was no objection.
  Mr. OBERSTAR. We accept the gentleman's amendment, if the gentleman 
is prepared to yield his time.
  Mr. MURPHY of Connecticut. I yield back the balance of my time.
  Mr. OBERSTAR. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Connecticut (Mr. Murphy).
  The amendment was agreed to.


                 Amendment No. 8 Offered by Mr. Cassidy

  The Acting CHAIR. It is now in order to consider amendment No. 8 
printed in part C of House Report 111-126.
  Mr. CASSIDY. Mr. Chairman, I have an amendment at the desk.

[[Page H5973]]

  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mr. Cassidy:
       Page 159, line 8, strike ``and''.
       Page 159, line 12, strike the period at the end and insert 
     ``; and''.
       Page 159, after line 12, insert the following:
       (5) the effect that limited air carrier service options on 
     routes have on the frequency of delays and cancellations on 
     such routes.

  The Acting CHAIR. Pursuant to House Resolution 464, the gentleman 
from Louisiana (Mr. Cassidy) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Louisiana.
  Mr. CASSIDY. Mr. Chairman, like many Members of the House, I 
represent a city with a small hub airport. While multiple airlines 
provide service at small hub airports, most flight routes have only one 
airline option. Many of my constituents perceive that this lack of 
competition creates a higher rate of delayed flights. I share their 
concern and offer this amendment to require the Department of 
Transportation to study the issue.
  Specifically, the Department would analyze whether the lack of 
competitive flight options on some routes affects the frequency of 
delays and cancellations. The Department is already required to report 
on flight delays and cancellations, and my amendment would strengthen 
this report.
  Mr. Chairman, the availability of competitive options on flight 
routes is affected by a number of factors which may include industry 
consolidation and lack of competition on certain routes, as well as the 
size of the community served.
  This amendment would give us greater understanding about the cause of 
flight delays at small and medium hub airports so that we may continue 
to improve air service for those communities. I urge adoption of the 
amendment.
  Mr. PETRI. Would the gentleman yield?
  Mr. CASSIDY. I would yield to the gentleman from Wisconsin.
  Mr. PETRI. I thank my colleague for yielding to me.
  The amendment he has offered supplements a Department of 
Transportation Inspector General study on flight delays and 
cancellations in the base bill by adding to the Inspector General's 
review a requirement to assess the effect limited air carrier service 
options has on the frequency of delays and cancelations on such routes.
  This is a useful amendment and important to many service airports in 
our country, and I support the amendment and urge its adoption.
  Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent to claim time in 
opposition, though I do not intend to oppose.
  The Acting CHAIR. Without objection, the gentleman from Minnesota is 
recognized for 5 minutes.
  There was no objection.
  Mr. OBERSTAR. We accept the amendment. If the gentleman is prepared 
to conclude his remarks and yield back, we can proceed. I yield back.
  Mr. CASSIDY. I yield back.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Louisiana (Mr. Cassidy).
  The amendment was agreed to.


                 Amendment No. 9 Offered by Ms. Kilroy

  The Acting CHAIR. It is now in order to consider amendment No. 9 
printed in part C of House Report 111-126.
  Ms. KILROY. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Ms. Kilroy:
       Page 115, after line 7, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 312. COCKPIT SMOKE.

       (a) Study.--The Comptroller General shall conduct a study 
     on the effectiveness of oversight activities of the Federal 
     Aviation Administration relating to preventing or mitigating 
     the effects of dense continuous smoke in the cockpit of a 
     commercial aircraft.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study.
  The Acting CHAIR. Pursuant to House Resolution 464, the gentlewoman 
from Ohio (Ms. Kilroy) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Ohio.
  Ms. KILROY. Mr. Chairman, I yield myself 2 minutes.
  I rise today in support of my amendment to raise the profile of 
dangerous incidents involving smoke in the cockpits of aircraft. Smoke 
in cockpits is a factor in an unscheduled emergency or emergency 
landing every single day in North America. This dangerous in-flight 
occurrence has already claimed over 1,230 lives.
  In 2007, a top NASCAR official and his pilot were killed after their 
plane crashed within minutes of radioing an emergency because of smoke 
cascading into the cockpit. The crash also killed a mother, her 6-
month-old infant and a 4-year-old next-door neighbor when the plane 
struck into the heart of their Florida neighborhood.
  The National Transportation Safety Board has addressed the issue and 
considers smoke inside the cockpit and cabins to be a ``serious 
issue.'' The NTSB has made recommendations to the Federal Aviation 
Administration for decades on this very issue. The FAA does not 
consider smoke interfering with the pilot's vision as a ``unsafe 
condition,'' despite more than 70 major events in the last 4 decades 
and NTSB recommendations.
  This amendment would gather the data that could prove the need for 
better equipment and save thousands of lives in the future.
  Today, I look forward to voting for this important reauthorization of 
the FAA. I want to thank Chairman Oberstar and Chairman Costello for 
their excellent work on this bill, including protections and rights 
guaranteed to the 2 million airline passengers that fly in this country 
every day. The Committee on Transportation and Infrastructure and the 
Aviation Subcommittee have taken historic steps to improve flying 
experiences for passengers, as well as invest in modernizing critical 
safety systems like air traffic control.
  Once a plane has taken off and is in control of the pilot, smoke in 
the cockpit can be deadly. There will be nothing our safety systems on 
the ground or air traffic controllers in the tower could do to help.
  Mr. Chairman, I reserve the balance of my time.
  Mr. COSTELLO. I claim time in opposition, although I do not intend to 
oppose the gentlelady's amendment.
  The Acting CHAIR. For what purpose does the gentleman from Wisconsin 
rise?
  Mr. PETRI. Well, I was going to rise in opposition, even though I 
don't oppose the amendment either. We would support the amendment and 
urge its speedy passage.
  This amendment seeks to improve aviation safety by requiring the 
Government Accountability Office (GAO) to conduct a study on FAA 
oversight of programs intended to prevent or mitigate the dangerous 
effects of smoke in airline cockpits.
  Cockpit smoke can occur due to a variety of reasons, some which are 
not always imminent threats.
  While the FAA has approved several technologies to deal with cockpit 
smoke, such as specially designed pilot goggles, not every technology 
is appropriate for all types of aircraft or pilot skill levels. The 
study proposed by Ms. Kilroy's amendment will assist FAA in determining 
the most smoke mitigation technology for various operators and 
aircrafts.
  I thank my colleague for her efforts to improve aviation safety and 
ask all Members to support this amendment.
  The Acting CHAIR. Without objection, the gentleman from Illinois (Mr. 
Costello) is recognized for 5 minutes.
  There was no objection.
  Mr. COSTELLO. Mr. Chairman, we commend the gentlewoman on her 
amendment. We accept it and yield back the balance of our time.
  Ms. HIRONO. Mr. Chair, I rise today in support of the Kilroy 
amendment to H.R. 916, the FAA Reauthorization Act, which directs the 
GAO to study, within one year of enactment, the effectiveness of FAA 
oversight activities related to preventing or mitigating the effects of 
dense continuous smoke in the cockpit of commercial aircraft.
  There are several incidents every week where an aircraft must land 
due to the presence of smoke in the cockpit. In the great majority of 
these cases, pilots are able to land the aircraft or disperse the smoke 
before a catastrophic accident results. There have, however, been 
several accidents over the years caused by the inability of pilots to 
see

[[Page H5974]]

due to the presence of unstoppable, dense, continuous smoke.
  Interestingly, the aircraft of the Secretary of Transportation, the 
Secretary of Homeland Security, senior military leaders, and the 
Federal Aviation Administration have technology aboard that ensures 
that, even in cases of dense unstoppable blinding smoke, pilots can 
see.
  I was surprised to learn, however, that there is no FAA requirement 
that passenger airliners or military aircraft have an equivalent system 
to ensure that pilots can see under these conditions. The technology in 
question costs approximately $25,000 to $30,000 per aircraft--which 
equates to a penny or so per ticket over the life of the system.
  As I understand it, the FAA's minimum safety standard is that any 
failure of systems or components that result in catastrophic 
consequences must be ``extremely improbable,'' and that ``extremely 
improbable'' is defined by the FAA as not one catastrophic event in one 
billion flight hours.
  According to Boeing data, American certified planes have not flown 
one billion flight hours worldwide in the last 50 years. There have, 
however, been numerous catastrophic fatal airliner accidents in which 
smoke in the cockpit has been a cause or a factor during that period.
  Like with U.S. Airways Flight 1549, seconds count. Fortunately, in 
that case the pilot could see to land, even if under very difficult 
conditions. If the emergency had been continuous, unstoppable smoke in 
the cockpit and the pilot had been unable to see, it is unlikely we 
would have had such a happy outcome.
  I raised this issue during a Transportation and Infrastructure 
Committee hearing on the bill in February. The FAA contends that 
existing systems and procedures are adequate. I am not convinced, and I 
welcome an investigation of this issue by the GAO.
  Ms. KILROY. Mr. Chairman, I appreciate the support, and I yield back 
the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Ohio (Ms. Kilroy).
  The amendment was agreed to.


             Amendment No. 10 Offered by Mr. Frelinghuysen

  The Acting CHAIR. It is now in order to consider amendment No. 10 
printed in part C of House Report 111-126.
  Mr. FRELINGHUYSEN. Mr. Chairman, I have an amendment at the desk that 
I intend to withdraw at the appropriate time.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Mr. Frelinghuysen:
       Page 259, after line 22, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 826. NEW YORK/NEW JERSEY/PHILADELPHIA METROPOLITAN 
                   AIRSPACE.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on the proposed New 
     York/New Jersey/Philadelphia Class B modification design 
     change.
       (b) Contents.--In conducting the study, the Administrator 
     shall determine the effect of such proposed change on the 
     environment, and, in particular, with regard to airplane 
     noise, and shall state whether this proposed change was 
     considered in conjunction with the on-going New York/New 
     Jersey/Philadelphia Metropolitan Airspace Redesign.
       (c) Report.--The Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study under subsection (a) not later than 30 days after 
     the date of enactment of this Act.

  The Acting CHAIR. Pursuant to House Resolution 464, the gentleman 
from New Jersey (Mr. Frelinghuysen) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise to engage in a colloquy with 
the chairman of the Committee on Transportation and Infrastructure, Mr. 
Oberstar.
  Mr. Chairman, as you know, I have long been concerned about aircraft 
noise over northern New Jersey. However, time and time again the 
Federal Aviation Administration has turned a deaf ear to the tremendous 
impact air noise has made on our quality of life.
  Lately, there has been considerable discussion about increasing 
transparency in our government. However, it has been extremely 
difficult to obtain information from the FAA about proposals that will 
have significant negative impacts on my constituents.
  I offer this amendment because there have been conflicting reports 
about the proposed changes by the FAA to the Class B airspace in the 
New York and New Jersey metropolitan area.
  Following several inquiries to the FAA, including a letter from the 
gentleman from New Jersey (Mr. Garrett) and me to FAA Acting 
Administrator Lynne Osmus, the FAA has not been forthcoming with its 
plans about this proposed airspace change.
  Together, with many of my colleagues in the region, I feel very 
strongly that the FAA must make its plans public and be held 
accountable for the effects. As the FAA continues to redesign the 
airspace in our region, it cannot push forward another proposal that 
may lead to even more noise for my constituents on the ground. They 
have a right to know what changes are being considered and certainly 
what changes are being implemented, as these changes will affect their 
lives and livelihoods.
  I look forward to working with the chairman and the ranking member in 
the future to get information on these proposals and to ensure that all 
of our constituents are fully informed about the FAA's future plans.
  I yield to the chairman.
  Mr. OBERSTAR. I thank the gentleman for yielding, Mr. Chairman, and 
want to commend him for pursuing so vigorously this issue, and I 
deplore the lack of response from the FAA, as we heard earlier in the 
day on the rule from the gentleman from Florida, who appealed many 
times to the FAA, and got no response to his concerns.
  This process of redesign of the east coast airspace has been going on 
for 9 years, this particular plan. There are other plans that have been 
going on for 20 years. They should have been adequately discussed in 
the public domain. The Members of Congress should have been engaged in 
the process, and we're going to change that. We're going to make this 
happen.
  And I want to assure the gentleman that we will work hand-in-glove 
with the gentleman, the chairman of the Aviation Subcommittee, the 
distinguished ranking member of the subcommittee, the ranking member of 
the full committee.
  I would just like to inquire of the gentleman about Atlantic City 
airport. Is that in the gentleman's district?

                              {time}  1615

  Mr. FRELINGHUYSEN. That's a little farther south from where I live.
  Mr. OBERSTAR. If service were routed to Atlantic City, would that 
divert noise from the gentleman's constituents?
  Mr. FRELINGHUYSEN. We've always believed in an ocean route. Whether 
the people in the Atlantic would want to have what we've been having to 
bear, I would doubt it.
  Mr. OBERSTAR. Well, I think there is additional capacity. This is the 
world's busiest airspace. The New York TRACON handles more aircraft 
movement than all of Europe combined. Finding places for those aircraft 
to approach and depart is extremely difficult. But there is capacity at 
Stuart Air Force Base, which is a joint use facility, and there is 
capacity at Atlantic City. All it needs is a surface rail line. And 
that would allow ocean approaches that would take noise away from the 
gentleman's constituencies, and from those in New York and from 
elsewhere. I'm going on way too long because we want to conclude this 
debate and get to the final votes.
  But I know that the gentleman's colleague, Mr. LoBiondo, is very 
strong in support of service from Atlantic City. It would relieve noise 
from the gentleman's airport to move aircraft in that facility. It has 
a 10,000 foot runway. It has a taxiway. It has unused capacity. And it 
could relieve the New York airport situation, relieve the noise from 
the gentleman's constituency.
  So let's work together. Let's have the FAA in for some discussions 
and pursue this matter further.
  I thank the gentleman for yielding.
  Mr. FRELINGHUYSEN. I thank the chairman very much for his time, as 
well as Mr. Costello's interest. I was involved in helping fund through 
the appropriations process this air design. So when we're shut out of 
the process when they're making plans, I think we have a right to be 
concerned.
  If I may, I would like to yield to the gentleman from Wisconsin, the 
ranking member.

[[Page H5975]]

  The Acting CHAIR. The gentleman has 5 seconds.
  Mr. PETRI. I would like to give my hardworking and conscientious 
colleague from New Jersey every assurance that I will work with him.
  Mr. FRELINGHUYSEN. I ask unanimous consent to withdraw my amendment.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from New Jersey?
  There was no objection.
  The Acting CHAIR. The amendment is withdrawn.


                 Amendment No. 11 Offered by Mrs. Lowey

  The Acting CHAIR. It is now in order to consider amendment No. 11 
printed in part C of House Report 111-126.
  Mrs. LOWEY. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 11 offered by Mrs. Lowey:
       Page 198, after line 25, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 515. WESTCHESTER COUNTY AIRPORT, NEW YORK.

       (a) Rulemaking.--The Administrator of the Federal Aviation 
     Administration shall conduct a rulemaking proceeding to 
     determine whether Westchester County Airport should be 
     authorized to limit aircraft operations between the hours of 
     12 a.m. and 6:30 a.m.
       (b) Deadlines.--The Administrator shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, issue a notice of proposed rulemaking under 
     subsection (a); and
       (2) not later than 16 months after the close of the comment 
     period on the proposed rule, issue a final rule.

  The Acting CHAIR. Pursuant to House Resolution 464, the gentlewoman 
from New York (Mrs. Lowey) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from New York.
  Mrs. LOWEY. Mr. Chairman, this amendment would initiate a rulemaking 
process by the FAA to determine whether Westchester County Airport may 
reinstate its overnight aircraft restrictions.
  Owned and operated by Westchester County, the airport has had 
voluntary restrictions between midnight and 6:30 a.m. since its 
mandatory curfew was removed in the early 1980's. For nearly twenty 
years, all of the operators at the airport were abiding by the 
voluntary curfew. However, business at the airport has expanded 
tremendously, with more and more flights disregarding the curfew, which 
disrupts communities throughout the overnight hours and makes the 
County's environmental upkeep in the area more demanding.
  Just miles from New York City, this airport is an important gateway 
for commercial and business aircraft in the area. However, it was never 
designed to accommodate so many aircraft. Bound by the borders of New 
York and Connecticut, the airport's physical infrastructure cannot 
expand further.
  Westchester County, in conjunction with its commercial carriers, has 
imposed limits on terminal capacity. Yet, with business and corporate 
jets comprising fifty percent of the estimated 167,000 take offs and 
landings at the airport this year, the agreed upon guidelines and 
voluntary restrictions have not been fully honored.
  This amendment directs FAA to evaluate Westchester County's request 
to reinstate its overnight curfew, potentially easing congestion in the 
heavily-trafficked New York airspace and providing the residents in 
both New York and Connecticut with needed relief from overnight 
operations. I urge my colleagues to support it.
  Mr. OBERSTAR. Will the gentlewoman yield?
  Mrs. LOWEY. I would be delighted to yield.
  Mr. OBERSTAR. We are prepared to accept the gentlewoman's amendment. 
It's a reasonable and thoughtful approach, and it will work. And we 
will support the gentlewoman.
  Mrs. LOWEY. Thank you so much, Mr. Chairman. I have always been 
impressed with your wisdom and your thoughtfulness, and I thank you 
very much for accepting this amendment.
  I reserve the balance of my time.
  Mr. PETRI. Mr. Chairman, I rise in opposition to the amendment 
offered by my esteemed colleague from New York (Mrs. Lowey).
  The Acting CHAIRMAN. The gentleman from Wisconsin is recognized for 5 
minutes.
  Mr. PETRI. In 1981, Westchester County enacted a curfew that banned 
all aircraft from operating between the hours of midnight and 7 a.m. 
This curfew was made against the advice of the FAA, and was immediately 
struck down by a Federal court. The Court also issued a permanent 
injunction in part because Westchester was unable to justify the curfew 
with any evidence of a noise problem. Furthermore, the Court found that 
the curfew was in violation of the commerce clause because it imposed 
an undue burden on New York metropolitan air transportation.
  Simply put, this amendment would remove the permanent injunction on 
this unjustified curfew and arbitrarily restrict airspace access 
without requiring Westchester County to make its case. This matter has 
been dealt with in the appropriate place, the Federal courts. The 
airport has a process available to make its case for such a 
restriction, but has chosen not to comply.
  The amendment sidesteps a process that applies to every other airport 
and would disrupt air travel in the New York area airspace. On those 
grounds, I urge my colleagues to join me in opposing the amendment.
  The Acting CHAIRMAN. The gentlewoman from New York has 4\1/2\ minutes 
remaining.
  Mrs. LOWEY. I'd like to thank the chairman for accepting this 
amendment. I would be delighted to work with Mr. Petri and Mr. Mica, 
who also said that although he had concerns, he wouldn't object to the 
amendment.
  All this amendment does is direct it to be studied. It directs it to 
be studied. It's not implementing the changes.
  I reserve the balance of my time.
  Mr. PETRI. I yield to my colleague from Florida.
  Mr. MICA. Mr. Chairman, and gentlelady from New York, I just want to 
express, through the Chair, that we do have concerns. We've expressed 
concerns. We are willing to work with the gentlelady and accept her 
amendment at this time. But our reservations have been noted for the 
record.
  Mr. PETRI. I yield back the balance of my time.
  Mrs. LOWEY. I thank the chairman for accepting the amendment.
  Mr. ENGEL. Mr. Chair, for over 25 years the overnight flight 
restrictions at Westchester County Airport have been voluntary. 
Unfortunately some airlines have disregarded the voluntary restrictions 
and have scheduled flights between midnight and 6:30 a.m.
  It is because of these few airlines disrespecting the residents of 
Westchester County and disrespecting the airlines who do comply with 
the voluntary curfew that this amendment is needed.
  It would direct the FAA to follow the proper processes to determine 
if the Westchester County Airport should receive the authority to make 
the overnight flight curfew mandatory.
  While I recognize that the Westchester County Airport is vital to the 
economy of the region, I don't believe that the residents should have 
to endure the noise of planes taking off and landing at 3 a.m.
  Additionally, allowing more planes to take off and land at all hors 
of the night will increase not just noise pollution, but air and water 
too.
  On another matter: the FAA concocted the New York, New Jersey, 
Philadelphia airspace redesign with zero input from the residents it 
harms the most, especially because it would put an additional 200-400 
flights a day over my constituents in Rockland County. This New York. 
New Jersey, Philadelphia airspace redesign should be scrapped.
  The hundreds of additional planes flying over Rockland will 
contribute to the already increasing pollution levels in the area. The 
noise level will also be substantially increased, yet the FAA has been 
unable to give me or the affected residents the information on how loud 
each plan will be, just 24-hour averages.
  It is likely that first responders would have to be trained for the 
event of an airplane crash, causing added costs to local police, fire, 
and EMT departments that are already stretched thin. In addition, we 
have not gotten a clear signal whether the flight plans will route 
commercial aircraft over Indian Point, an extremely dangerous scenario. 
This airspace redesign proposal for New York, New Jersey, and 
Philadelphia should not be implemented.
  Mrs. LOWEY. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from New York (Mrs. Lowey).
  The amendment was agreed to.


                Amendment No. 12 Offered by Mr. Ackerman

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in part C of House Report 111-126.

[[Page H5976]]

  Mr. ACKERMAN. I rise in support of the amendment which I have at the 
desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mr. Ackerman:
       Page 259, after line 22, insert the following (with the 
     correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 826. COLLEGE POINT MARINE TRANSFER STATION, NEW YORK.

       (a) Finding.--Congress finds that the Federal Aviation 
     Administration, in determining whether the proposed College 
     Point Marine Transfer Station in New York City, New York, if 
     constructed, would constitute a hazard to air navigation, has 
     not followed published policy statements of the Federal 
     Aviation Administration, including--
       (1) Advisory Circular Number 150/5200-33B 2, entitled 
     ``Hazardous Wildlife Attractants on or Near Airports'';
       (2) Advisory Circular Number 150/5300-13, entitled 
     ``Airport Design''; and
       (3) the publication entitled ``Policies and Procedures 
     Memorandum--Airports Division'', Number 5300.1B, dated Feb. 
     5, 1999.
       (b) Designation of Transfer Station as Hazard to Air 
     Navigation.--The Administrator of the Federal Aviation 
     Administration shall take such actions as may be necessary to 
     designate the proposed College Point Marine Transfer Station 
     in New York City, New York, as a hazard to air navigation.

  The Acting CHAIRMAN. Pursuant to House Resolution 464, the gentleman 
from New York (Mr. Ackerman) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. ACKERMAN. Mr. Chairman, I offer this simple amendment on behalf 
of myself and the gentleman from New York (Mr. Crowley). This has to do 
with safety trumping garbage. It has to do with common sense.
  The City of New York Department of Sanitation has proposed a marine 
transfer station. These are generally built on the shoreline because 
trash is compacted there and put on barges and then carted away on the 
Long Island Sound or the East River or the Hudson River.
  Of all the shoreline places to build this, would you suspect the one 
place that would be picked by the Department of Sanitation would be 
directly opposite one of the biggest active runways, one of the most 
active runways in the whole United States of America, where planes take 
off and land approximately every 20 seconds. I'm talking about 
LaGuardia Airport, the airport with the largest number of flights in 
New York City.
  This is an aerial view of the airport. This is LaGuardia Airport's 
runway. LaGuardia Airport, most people don't know, has only two runways 
for all of these great number of flights.
  The garbage plant is planned right over here, opposite the runway, 
2,000 feet away. The rules and regulations of the FAA, which is what 
we're asking for in this amendment to be implemented and utilized, say 
that you should not put a garbage treatment plant anywhere near the 
runway protection zone which is currently 2,000 feet away. This is 
2,000 feet--less than that--according to this map which we downloaded 
from Google.
  There will be a new flight slope plan implemented that the FAA has 
approved which says it can't be within 2,500 feet. Why would you put a 
garbage facility, an attractant to birds, less than 2,000 feet away 
from one of the most active runways?
  The gentleman from New York (Mr. Hall) requested of the FAA, they 
declined, and Secretary of Transportation LaHood overruled them and 
released the number of bird strikes at airports around the country. 
Last year there were 87 bird strikes at LaGuardia Airport alone.
  Now, our pilots are good. You might have seen a little news report 
that said they can even land on water. And indeed, that's what happened 
when one of our jets was struck by birds.
  Garbage is an attractant to birds. The FAA rules and recommendations 
say don't put these things in the runway protection zone. Our amendment 
simply says to the FAA, you have to follow your own guidelines.
  Put it anywhere else. There's a political concern here, and the 
political concern is not a NIMBY concern. This will most likely be in 
mine or Mr. Crowley's district. It borders both of our districts right 
now.
  This site is the least politically damaging to us because it's in a 
commercial area. Any other place that they will move it will cause us 
some political concerns. But those political concerns that we will have 
to suffer if they move this anywhere up and down the coast in either of 
our districts is not as important to the safety of the flying public.
  I reserve the balance of my time.
  Mr. MICA. I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman from Florida is recognized for 5 
minutes.
  Mr. MICA. This amendment, unfortunately, is a local issue that we're 
putting into a Federal piece of legislation that is very important for 
safety; and the gentleman, who I greatly respect, Mr. Ackerman, is 
trying to do the best he can to make arguments that this dump poses 
safety concerns and hazards to aviation. I don't have the capability of 
making that determination, nor does Congress. We rely on the FAA. They 
have looked at this. They say that it does not pose a hazard to air 
navigation.
  That being said, I like Mr. Ackerman, and sometimes I find myself in 
the situation like Mr. Ackerman, and you try to use any means you can 
to satisfy concerns about a project, whether it be local, State or 
Federal to the best benefit of your constituents.
  So therefore, I am not going to call for a vote. I'm not going to 
actively oppose. I probably will quietly say no to this and let it 
pass.
  I reserve the balance of my time.
  Mr. ACKERMAN. I yield briefly to the Congressman from New York (Mr. 
Crowley).
  Mr. CROWLEY. I thank the gentleman for yielding. I listened very 
carefully to the objections. And let me just say that if LaGuardia 
Airport is forced to close for 10 minutes, it sets off an explosion 
that affects the entire flight paths of the Eastern seacoast. So 
whatever does happen, we were very fortunate that we had Captain 
Sullenberger, who was able to land Flight 1549 safely.
  This is not just a local concern. This is a concern, I think 
nationally as well. The number of geese or fowl that disrupt air travel 
happens more often than the public was led to believe.
  I think that building a facility for waste transfer within 2,000 feet 
of the runway is simply ludicrous. We shouldn't be doing that. I think 
that the City of New York and the Department of Sanitation needs to 
rethink this one and send it back to the drawing board.
  Gary Ackerman and myself are calling foul right now. This should not 
happen. We're sending that message home to our folks back in New York.
  Mr. MICA. I reserve the balance of my time to close.
  Mr. ACKERMAN. I would yield back the balance of my time.
  Mr. MICA. Mr. Chairman, might I inquire as to the time remaining?
  The Acting CHAIRMAN. The gentleman from Florida has 3\1/2\ minutes 
remaining.
  Mr. MICA. I yield myself the balance of my time.

                              {time}  1630

  Well, this is the conclusion, really, on the debate of the FAA 
authorization. It ends with a question of whether we should close the 
dump or keep the dump open.
  As I said, I have the greatest respect for Mr. Ackerman and also for 
Mr. Crowley, and I know what they're trying to do for their 
constituents. So I rise in very quiet opposition, but I do have to 
state the facts, that this is not a matter that really should be in the 
bill, but we'll try to assist our colleagues as they're trying to do 
the best they can for their constituents.
  On the larger question of the bill, Mr. Chairman and my colleagues, I 
also rise in opposition to the bill, somewhat quietly. Every Member can 
vote the way they'd like. I'm not telling or asking Republican Members 
to vote one way or another, but you do have to be the judge of what 
we're doing here today. It is important that we do reauthorize the 
Federal Aviation Administration. We've had a 2-year delay, not of any 
fault of my colleagues under the great leadership of Mr. Oberstar, Mr. 
Costello, and Mr. Petri, our ranking

[[Page H5977]]

member. We've done our level best to make certain that we have the 
policy, the projects, and the funding to have the safest aviation 
system in the world. They can be very proud of their work.
  Now, we do have some differences of opinion on some particular 
provisions. This was voted on before, and some circumstances have 
changed. We have a new President. He is trying to resolve a very 
contentious labor issue. I don't like putting that issue in now. That's 
different than when we voted on it before. We did have a different 
President and a different situation. So here I am, a Republican, saying 
we need to support our President, but we need to do that and to not set 
a bad precedence for all labor issues to be drug before Congress in 
this manner.
  Then, on the question of job creation and job killing, I don't know 
how many jobs are in the provisions for insisting on this mandated 
inspection of foreign repair stations. That sounds good, but it reverts 
us back to a time when we used to do that in the United States. Twice a 
year, we would inspect every one of these stations whether we needed to 
or not, and that was a diversion of our resources. We changed that to a 
risk-based system, and that's what we need to maintain both 
domestically and internationally.
  Finally, 95 percent of this bill was debated before. There is an 
antitrust immunity provision that does repeal some provisions we've 
given to airline alliances. It's a job killer. It's estimated to be 
over 100,000 jobs. I don't know how many. At a time when people will 
come to us as we return to our districts over Memorial Day weekend, we 
can't leave here and say that we've eliminated more jobs. Many of these 
jobs, whether they're repair stations or the airline industry, are 
good-paying jobs that people need so desperately today.
  So the question before us is how we vote on this particular 
legislation at this time and place and with these particular 
provisions. Some are good. Some are bad. I choose to vote ``no'' today. 
I'm sorry.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Ackerman).
  The amendment was agreed to.


                    Announcement by the Acting Chair

  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments printed in part C of House Report 
111-126 on which further proceedings were postponed, in the following 
order:
  Amendment No. 4 by Mr. Burgess of Texas.
  Amendment No. 6 by Mr. McCaul of Texas.
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment No. 4 Offered by Mr. Burgess

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on the amendment offered by the gentleman from Texas (Mr. 
Burgess) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 420, 
noes 0, not voting 19, as follows:

                             [Roll No. 288]

                               AYES--420

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nunes
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--19

     Andrews
     Bachmann
     Barrett (SC)
     Berkley
     Boyd
     Deal (GA)
     Driehaus
     Flake
     Johnson (GA)
     Kaptur
     Kingston
     Lofgren, Zoe
     Markey (CO)
     McHugh
     Perlmutter
     Sablan
     Sanchez, Linda T.
     Speier
     Stark
  The Acting CHAIR. There are 2 minutes remaining in this vote.

                              {time}  1659

  Messrs. ALTMIRE, BUTTERFIELD, and MINNICK changed their vote from 
``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                 Amendment No. 6 Offered by Mr. Mc Caul

  The Acting CHAIR. The unfinished business is the demand for a 
recorded vote on amendment No. 6 printed in part C of House Report 111-
126 by the gentleman from Texas (Mr. McCaul) on which further 
proceedings were

[[Page H5978]]

postponed and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 417, 
noes 2, not voting 20, as follows:

                             [Roll No. 289]

                               AYES--417

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boucher
     Boustany
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Christensen
     Clarke
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Minnick
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Myrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Neugebauer
     Norton
     Nye
     Oberstar
     Obey
     Olson
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Paulsen
     Payne
     Pence
     Perriello
     Peters
     Peterson
     Petri
     Pierluisi
     Pingree (ME)
     Pitts
     Platts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (GA)
     Price (NC)
     Putnam
     Quigley
     Radanovich
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--2

     Moran (VA)
     Rahall
       

                             NOT VOTING--20

     Bachmann
     Barrett (SC)
     Berkley
     Boyd
     Clay
     Deal (GA)
     Driehaus
     Flake
     Higgins
     Kaptur
     Kingston
     Lofgren, Zoe
     Markey (CO)
     McHugh
     Nunes
     Perlmutter
     Sablan
     Sanchez, Linda T.
     Speier
     Stark


                    Announcement by the Acting Chair

  The Acting CHAIR (during the vote). There are 2 minutes remaining in 
this vote.

                              {time}  1707

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The Acting CHAIR. There being no further amendments, under the rule, 
the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Weiner) having assumed the chair, Mr. Jackson of Illinois, Acting Chair 
of the Committee of the Whole House on the state of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 915) 
to amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 2009 through 2012, 
to improve aviation safety and capacity, to provide stable funding for 
the national aviation system, and for other purposes, pursuant to House 
Resolution 464, he reported the bill back to the House with sundry 
amendments adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment reported from the 
Committee of the Whole? If not, the Chair will put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. CAMPBELL. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. CAMPBELL. I am, in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Campbell moves to recommit the bill H.R. 915 to the 
     Committee on Transportation and Infrastructure with 
     instructions to report the same back to the House forthwith 
     with the following amendment:
       At the end of title IV of the bill, add the following (with 
     the correct sequential provision designations [replacing the 
     numbers currently shown for such designations]) and conform 
     the table of contents accordingly:

     SEC. 426. PROHIBITION OF FUNDING FOR OTHERWISE ELIGIBLE 
                   PLACE.

       (a) Findings.--Congress finds the following:
       (1) When the Airline Deregulation Act of 1978 (Public Law 
     95-504) was enacted, 746 communities in the United States and 
     its territories were listed on air carrier certificates 
     issued under the Federal Aviation Act of 1958 (Public Law 85-
     726).
       (2) In order to address concern that communities with lower 
     traffic levels would lose service entirely, Congress created 
     a program where, as needed, the Department of Transportation 
     pays a subsidy to an air carrier to ensure that the specified 
     level of service is provided.
       (5) Most of the small communities eligible for the program 
     do not require subsidized service.
       (6) As of April 1, 2009, the Department of Transportation 
     was subsidizing service at 108 communities in the contiguous 
     48 States, Hawaii, and Puerto Rico and 45 communities in 
     Alaska.
       (7) Air service to Johnstown, Pennsylvania, is subsidized 
     by the United States taxpayer. Each week, 6 commercial 
     flights take off from or land at the John Murtha Johnstown-
     Cambria County Airport to or from Washington Dulles 
     International Airport.
       (8) Service to John Murtha Johnstown-Cambria County Airport 
     is subsidized at a rate of $1,394,000 a year through June 30, 
     2010.
       (9) Since 1990, the John Murtha Johnstown-Cambria County 
     Airport has undergone $160,000,000 in improvements that 
     include airport improvement program, military, commercial, 
     and infrastructure projects.

[[Page H5979]]

       (10) The total Federal investment in airport projects at 
     John Murtha Johnstown-Cambria County Airport has been 
     approximately $150,000,000.
       (11) Over the last 10 years, the John Murtha Johnstown-
     Cambria County Airport has received Federal funding, 
     including--
       (A) $800,000 for a grant under the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5) to rehabilitate a 
     runway;
       (B) $20,000,000 for a runway extension project;
       (C) $750,000 for a 99-year lease of adjoining airport land;
       (D) $6,000,000 for a state-of-the-art digital radar 
     surveillance system;
       (E) $5,000,000 for a new air traffic control tower;
       (F) $14,000,000 for Marine Corps helicopter hangar and 
     reserve training center;
       (G) $1,200,000 in 2007 for airport improvement projects;
       (H) $2,760,000 in 2006 for airport improvement projects;
       (I) $1,000,000 in 2005 for airport improvement projects;
       (J) $1,600,000 in 2004 for airport improvement projects; 
     and
       (K) $739,452 in 2003 for airport improvement projects.
       (12) It is both wasteful and irresponsible to use United 
     States taxpayer dollars to continue to subsidize air service 
     to an airport that has received approximately $150,000,000 in 
     Federal funding, but has achieved no improvement in 
     commercial service provided to the airport without 
     subsidization.
       (b) Prohibition of Funding for Otherwise Eligible Place.--
     Section 41742(a) is amended by adding at the end the 
     following:
       ``(4) Prohibition on funding for otherwise eligible 
     place.--Notwithstanding any other provision in law, no 
     amounts authorized under paragraphs (1) and (2) shall be used 
     for the provision of subsidized air service to an otherwise 
     eligible place if the eligible place has a public airport 
     located 3 miles northeast of Johnstown, Pennsylvania, that 
     offers scheduled commercial air carrier service and general 
     aviation service and has a joint military control tower.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California is recognized for 5 minutes in support of his motion.

                              {time}  1715

  Mr. CAMPBELL. Mr. Speaker, as of April 1, 2009, the Department of 
Transportation subsidized air service to 108 communities in 48 the 
continental United States, Hawaii and Puerto Rico and 45 communities in 
Alaska. One of those subsidized airports is the John Murtha Johnstown-
Cambria County Airport in Johnstown, Pennsylvania.
  This airport handles six commercial flights a week--six a week--to 
one place, Washington, D.C., a location all of 3 hours' drive from 
Johnstown, Pennsylvania. But for those six commercial flights a week, 
less than one a day to a place only 3 hours' drive away, the Federal 
taxpayer has spent $150 million in improvements since 1990. Included in 
that $150 million is $20 million for a runway extension, making the 
runway large enough to accommodate any aircraft in North America, 
$800,000 in the most recent stimulus package for runway rehabilitation, 
$6 million for a radar surveillance system, $5 million for a new air 
traffic control tower, and over $1 million every year for improvements 
since 2004. And that's just for the capital improvements.
  In addition, the Federal taxpayer spends $1,394,000 every year in 
subsidies to the single air carrier making, remember, less than one 
flight a day out of this airport. That, by the way, computes to nearly 
$5,000 in subsidy per flight, which takes less than 45 minutes since 
it's only 3 hours' drive away.
  The defenders of this airport say that it has military use in 
addition; and in fact, it does. The defenders of this airport point out 
that there were 28 military deployments out of this airport over the 
last decade. That would be three deployments per year. So six flights a 
day, three deployments per year. We all know about the bridge to 
nowhere. Mr. Speaker, there was a bridge to nowhere, and this is surely 
the airport for no one.
  To say that this is wasteful understates how bad it is. I wish we 
could get all our money back, but we can't. But what we can do is pass 
this motion to recommit, which simply says that no money in this bill 
is going to be used to further subsidize or improve the John Murtha 
Johnstown-Cambria County Airport.
  Mr. Speaker, we have debts and deficits as far as the eye can see. If 
we can't stop wasting the taxpayers' money on boondoggles as obvious as 
this one, why should the public trust us at all with any of their 
money?
  Please support this motion to recommit.
  I yield back the balance of my time.
  Mr. OBERSTAR. I rise in opposition to the amendment.
  The SPEAKER pro tempore. The gentleman from Minnesota is recognized 
for 5 minutes.
  Mr. OBERSTAR. This is a surprising amendment. This is the first 
negative earmarking that I have witnessed in Congress. It is no less 
than an assault upon essential air service to rural America. To those 
on the other side, Mr. Speaker, who are laughing now, I wonder what 
their reaction will be when another amendment comes to deny funding for 
essential air service to an airport in their communities. They won't be 
laughing.
  This is essentially a harsh amendment. It's aimed at an airport named 
for a sitting Member of Congress. The airport was not named by action 
of the Congress. It was not named by a Federal agency. It was named by 
the county commissioners of Cambria County. This airport serves 1,000 
military personnel. It serves the Pennsylvania National Guard. It 
serves the U.S. Marine Corps Reserve and the U.S. Army Reserve, and 
these units have been deployed 28 times in the last 10 years in service 
of the United States abroad.
  The amendment provides that no amount authorized under paragraphs 1 
and 2, meaning paragraphs 1 and 2 of the essential air service act now 
in law, may be used. That's funding for airports in small communities 
and their residents who had commercial air service prior to 
deregulation in 1978--I'm the author of that provision in the Airline 
Deregulation Act of 1978--to ensure that small towns in rural areas 
would not be cut out of America's national system of airports and 
airport service and airline service. It has worked effectively. 
Congress has trimmed it back where it's been necessary.
  These contracts are awarded by the Department of Transportation for 2 
years at a time, revocable, subject to termination at the end of the 2-
year period, and reviewed again by the Department of Transportation. If 
the airport, the airline, the community are not using the funds 
effectively, DOT can and has terminated EAS service where that service 
does not meet the standards of their contract.
  By act of Congress to say we're going to terminate essential air 
service funding to a rural community in this America, 150 of us are at 
risk. If by legislative fiat you can say no to funding this community, 
no to the people in rural America who want access to greater America, 
then we're all at risk. This is wrong. This is mean-spirited. Vote it 
down.
  I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. CAMPBELL. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--ayes 154, 
noes 263, not voting 16, as follows:

                             [Roll No. 290]

                               AYES--154

     Akin
     Austria
     Bachus
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Cantor
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Culberson
     Davis (KY)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dreier
     Duncan
     Ehlers
     Fallin
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Halvorson
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jordan (OH)
     Kilroy
     King (IA)
     King (NY)
     Kirk
     Kirkpatrick (AZ)

[[Page H5980]]


     Kissell
     Kline (MN)
     Kosmas
     Lamborn
     Lance
     Latham
     Latta
     Lee (NY)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Minnick
     Mitchell
     Moran (KS)
     Myrick
     Neugebauer
     Olson
     Paulsen
     Pence
     Perriello
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Titus
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman
     Wolf

                               NOES--263

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Alexander
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett
     Bean
     Becerra
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bonner
     Boren
     Boswell
     Boucher
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Frelinghuysen
     Fudge
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kind
     Klein (FL)
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Paul
     Payne
     Peters
     Peterson
     Pingree (ME)
     Platts
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Rehberg
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--16

     Bachmann
     Barrett (SC)
     Berkley
     Boyd
     Deal (GA)
     Driehaus
     Flake
     Kaptur
     Kingston
     Lofgren, Zoe
     Markey (CO)
     McHugh
     Nunes
     Perlmutter
     Sanchez, Linda T.
     Stark


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are reminded there 
are less than 2 minutes to vote.

                              {time}  1741

  Messrs. WHITFIELD and TEAGUE changed their vote from ``aye'' to 
``no.''
  Messrs. BUYER and BACHUS changed their vote from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  (By unanimous consent, Mr. Hoyer was allowed to speak out of order.)


                          Legislative Program

  Mr. HOYER. Mr. Speaker, ladies and gentlemen of the House, we will 
not have a closing colloquy, obviously, because we are going on a 
break. We end what was, from the perspective of many, agree or 
disagree, a very productive period. As we face now this Memorial Day 
break, I want to thank all the Members.
  I think we have done a lot of work over the last 5 months. I think it 
has been a very humane schedule. I hope all of you believe that, as 
well, that we have pretty much done it in a time frame. That is the 
good news.
  The bad news is we are going to be moving into June and July. I want 
to put all of you on notice, as I have told many Members, that I expect 
June and July to be very busy months with much work and authorization 
bills coming out of committees, and I also expect for us to do the 
appropriation bills during the months of June and July.
  The reason I rise is to say, as you know, that most Fridays in June 
and July, with the Fourth of July break, of course, being the 
exception, most Fridays will be days that my expectation is we will be 
doing work. This Friday was a day that we were going to work, but we 
won't be doing work. The supplemental is not able to be considered at 
this point in time.
  The other thing that I wanted to rise and tell all Members is that we 
have gotten into a syndrome. Many of you on both sides of the aisle 
have talked to me about this. And I agree with you. I count myself in 
this, so I'm not pointing fingers at anybody exclusively. But frankly, 
all of us have gotten into a syndrome that when the bells ring, we 
watch how many have voted rather than how much time is left. That 
obviously is not thoughtful to those who do come here to vote within 
the time frame available. And very importantly, to the extent that the 
votes drag out, we have our committees in session with hearings that 
have taken a break. Chairman Frank and a number of other Members have 
talked to me about it. We leave secretaries of departments and other 
very busy and important witnesses, and all of our witnesses are treated 
without courtesy. That is not a good thing for any of us to do.

                              {time}  1745

  So I say when we come back--and we've tried this before and it's very 
difficult, but Members obviously don't get there on time, and some of 
you are going to be angry with me on both sides of the aisle, but I'm 
going to try to work with our presiding officers so that we keep to a 
much shorter period of time. We have been averaging 25, 26 minutes; and 
I would hope that all of us would cooperate with one another as a 
courtesy to each of us, our witnesses, and the work of this House.
  I hope you have a wonderful Memorial Day break. Come back ready to 
report on time. Thank you very much.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Without objection, 5-minute voting will 
resume.
  There was no objection.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. PETRI. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote exactly.
  The vote was taken by electronic device, and there were--ayes 277, 
noes 136, not voting 20, as follows:

                             [Roll No. 291]

                               AYES--277

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bono Mack
     Boren
     Boswell
     Boucher
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Buyer
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.

[[Page H5981]]


     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Gerlach
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McCotter
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perriello
     Peters
     Peterson
     Pingree (ME)
     Platts
     Polis (CO)
     Price (NC)
     Quigley
     Radanovich
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     Ros-Lehtinen
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Tiahrt
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Wilson (OH)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                               NOES--136

     Aderholt
     Akin
     Alexander
     Austria
     Bachus
     Bartlett
     Barton (TX)
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Boozman
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Cantor
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Crenshaw
     Culberson
     Dreier
     Ehlers
     Emerson
     Fallin
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Hunter
     Inglis
     Issa
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     Kline (MN)
     Lamborn
     Latham
     Latta
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Minnick
     Myrick
     Neugebauer
     Olson
     Paul
     Paulsen
     Pence
     Petri
     Pitts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Rehberg
     Roe (TN)
     Rogers (AL)
     Rogers (MI)
     Rohrabacher
     Rooney
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Sestak
     Shadegg
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiberi
     Turner
     Upton
     Wamp
     Westmoreland
     Whitfield
     Wilson (SC)
     Young (FL)

                             NOT VOTING--20

     Bachmann
     Barrett (SC)
     Berkley
     Boyd
     Deal (GA)
     Driehaus
     Flake
     Kaptur
     Kingston
     Lofgren, Zoe
     Markey (CO)
     McHugh
     Nunes
     Perlmutter
     Pomeroy
     Sanchez, Linda T.
     Schauer
     Schock
     Stark
     Walden

                              {time}  1753

  So the bill was passed.
  The result of the vote was announced as above recorded.
  The title was amended so as to read: ``A bill to amend title 49, 
United States Code, to authorize appropriations for the Federal 
Aviation Administration for fiscal years 2010 through 2012, to improve 
aviation safety and capacity, to provide stable funding for the 
national aviation system, and for other purposes.''.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. BOYD. Mr. Speaker, due to personal reasons, I was unable to 
attend to a vote. Had I been present, my vote would have been ``aye'' 
on H.R. 915, FAA Reauthorization Act of 2009.

                          ____________________