[Congressional Record Volume 156, Number 48 (Thursday, March 25, 2010)]
[House]
[Pages H2332-H2413]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1515
TAX ON BONUSES RECEIVED FROM CERTAIN TARP RECIPIENTS
Mr. OBERSTAR. Mr. Speaker, pursuant to House Resolution 1212, I call
up the bill (H.R. 1586) to impose an additional tax on bonuses received
from certain TARP recipients, with the Senate amendments thereto, and
ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendments.
The text of the Senate amendments is as follows:
Senate amendments:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FAA Air
Transportation Modernization and Safety Improvement Act''.
(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
Sec. 101. Operations.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Research and development.
Sec. 104. Airport planning and development and noise compatibility
planning and programs.
Sec. 105. Other aviation programs.
Sec. 106. Delineation of Next Generation Air Transportation System
projects.
Sec. 107. Funding for administrative expenses for airport programs.
TITLE II--AIRPORT IMPROVEMENTS
Sec. 201. Reform of passenger facility charge authority.
Sec. 202. Passenger facility charge pilot program.
Sec. 203. Amendments to grant assurances.
Sec. 204. Government share of project costs.
Sec. 205. Amendments to allowable costs.
[[Page H2333]]
Sec. 206. Sale of private airport to public sponsor.
Sec. 207. Government share of certain air project costs.
Sec. 207(b). Prohibition on use of passenger facility charges to
construct bicycle storage facilities.
Sec. 208. Miscellaneous amendments.
Sec. 209. State block grant program.
Sec. 210. Airport funding of special studies or reviews.
Sec. 211. Grant eligibility for assessment of flight procedures.
Sec. 212. Safety-critical airports.
Sec. 213. Environmental mitigation demonstration pilot program.
Sec. 214. Allowable project costs for airport development program.
Sec. 215. Glycol recovery vehicles.
Sec. 216. Research improvement for aircraft.
Sec. 217. United States Territory minimum guarantee.
Sec. 218. Merrill Field Airport, Anchorage, Alaska.
Sec. 219. Release from restrictions.
Sec. 220. Designation of former military airports.
Sec. 221. Airport sustainability planning working group.
Sec. 222. Inclusion of measures to improve the efficiency of airport
buildings in airport improvement projects.
Sec. 223. Study on apportioning amounts for airport improvement in
proportion to amounts of air traffic.
TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM
Sec. 301. Air Traffic Control Modernization Oversight Board.
Sec. 302. NextGen management.
Sec. 303. Facilitation of next generation air traffic services.
Sec. 304. Clarification of authority to enter into reimbursable
agreements.
Sec. 305. Clarification to acquisition reform authority.
Sec. 306. Assistance to other aviation authorities.
Sec. 307. Presidential rank award program.
Sec. 308. Next generation facilities needs assessment.
Sec. 309. Next generation air transportation system implementation
office.
Sec. 310. Definition of air navigation facility.
Sec. 311. Improved management of property inventory.
Sec. 312. Educational requirements.
Sec. 313. FAA personnel management system.
Sec. 314. Acceleration of NextGen technologies.
Sec. 315. ADS-B development and implementation.
Sec. 316. Equipage incentives.
Sec. 317. Performance metrics.
Sec. 318. Certification standards and resources.
Sec. 319. Report on funding for NextGen technology.
Sec. 320. Unmanned aerial systems.
Sec. 321. Surface Systems Program Office.
Sec. 322. Stakeholder coordination.
Sec. 323. FAA task force on air traffic control facility conditions.
Sec. 324. State ADS-B equipage bank pilot program.
Sec. 325. Implementation of Inspector General ATC recommendations.
Sec. 326. Semiannual report on status of Greener Skies project.
Sec. 327. Definitions.
Sec. 328. Financial incentives for Nextgen Equipage.
TITLE IV--AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE IMPROVEMENTS
SUBTITLE A--CONSUMER PROTECTION
Sec. 401. Airline customer service commitment.
Sec. 402. Publication of customer service data and flight delay
history.
Sec. 403. Expansion of DOT airline consumer complaint investigations.
Sec. 404. Establishment of advisory committee for aviation consumer
protection.
Sec. 405. Disclosure of passenger fees.
Sec. 406. Disclosure of air carriers operating flights for tickets sold
for air transportation.
Sec. 407. Notification requirements with respect to the sale of airline
tickets.
SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES
Sec. 411. EAS connectivity program.
Sec. 412. Extension of final order establishing mileage adjustment
eligibility.
Sec. 413. EAS contract guidelines.
Sec. 414. Conversion of former EAS airports.
Sec. 415. EAS reform.
Sec. 416. Small community air service.
Sec. 417. EAS marketing.
Sec. 418. Rural aviation improvement.
Sec. 419. Repeal of essential air service local participation program.
SUBTITLE C--MISCELLANEOUS
Sec. 431. Clarification of air carrier fee disputes.
Sec. 432. Contract tower program.
Sec. 433. Airfares for members of the Armed Forces.
Sec. 434. Authorization of use of certain lands in the Las Vegas
McCarran International Airport Environs Overlay District
for transient lodging and associated facilities.
TITLE V--SAFETY
SUBTITLE A--AVIATION SAFETY
Sec. 501. Runway safety equipment plan.
Sec. 502. Judicial review of denial of airman certificates.
Sec. 503. Release of data relating to abandoned type certificates and
supplemental type certificates.
Sec. 504. Design organization certificates.
Sec. 505. FAA access to criminal history records or database systems.
Sec. 506. Pilot fatigue.
Sec. 507. Increasing safety for helicopter and fixed wing emergency
medical service operators and patients.
Sec. 508. Cabin crew communication.
Sec. 509. Clarification of memorandum of understanding with OSHA.
Sec. 510. Acceleration of development and implementation of required
navigation performance approach procedures.
Sec. 511. Improved safety information.
Sec. 512. Voluntary disclosure reporting process improvements.
Sec. 513. Procedural improvements for inspections.
Sec. 514. Independent review of safety issues.
Sec. 515. National review team.
Sec. 516. FAA Academy improvements.
Sec. 517. Reduction of runway incursions and operational errors.
Sec. 518. Aviation safety whistleblower investigation office.
Sec. 519. Modification of customer service initiative.
Sec. 520. Headquarters review of air transportation oversight system
database.
Sec. 521. Inspection of foreign repair stations.
Sec. 522. Non-certificated maintenance providers.
SUBTITLE B--FLIGHT SAFETY
Sec. 551. FAA pilot records database.
Sec. 552. Air carrier safety management systems.
Sec. 553. Secretary of Transportation responses to safety
recommendations.
Sec. 554. Improved Flight Operational Quality Assurance, Aviation
Safety Action, and Line Operational Safety Audit
programs.
Sec. 555. Re-evaluation of flight crew training, testing, and
certification requirements.
Sec. 556. Flightcrew member mentoring, professional development, and
leadership.
Sec. 557. Flightcrew member screening and qualifications.
Sec. 558. Prohibition on personal use of certain devices on flight
deck.
Sec. 559. Safety inspections of regional air carriers.
Sec. 560. Establishment of safety standards with respect to the
training, hiring, and operation of aircraft by pilots.
Sec. 561. Oversight of pilot training schools.
Sec. 562. Enhanced training for flight attendants and gate agents.
Sec. 563. Definitions.
Sec. 564. Study of air quality in aircraft cabins.
TITLE VI--AVIATION RESEARCH
Sec. 601. Airport cooperative research program.
Sec. 602. Reduction of noise, emissions, and energy consumption from
civilian aircraft.
Sec. 603. Production of alternative fuel technology for civilian
aircraft.
Sec. 604. Production of clean coal fuel technology for civilian
aircraft.
Sec. 605. Advisory committee on future of aeronautics.
Sec. 606. Research program to improve airfield pavements.
Sec. 607. Wake turbulence, volcanic ash, and weather research.
Sec. 608. Incorporation of unmanned aircraft systems into FAA plans and
policies.
Sec. 609. Reauthorization of center of excellence in applied research
and training in the use of advanced materials in
transport aircraft.
Sec. 610. Pilot program for zero emission airport vehicles.
Sec. 611. Reduction of emissions from airport power sources.
Sec. 612. Siting of windfarms near FAA navigational aides and other
assets.
Sec. 613. Research and development for equipment to clean and monitor
the engine and APU bleed air supplied on pressurized
aircraft.
TITLE VII--MISCELLANEOUS
Sec. 701. General authority.
Sec. 702. Human intervention management study.
Sec. 703. Airport program modifications.
Sec. 704. Miscellaneous program extensions.
Sec. 705. Extension of competitive access reports.
Sec. 706. Update on overflights.
Sec. 707. Technical corrections.
Sec. 708. FAA technical training and staffing.
Sec. 709. Commercial air tour operators in national parks.
Sec. 710. Phaseout of Stage 1 and 2 aircraft.
Sec. 711. Weight restrictions at Teterboro Airport.
Sec. 712. Pilot program for redevelopment of airport properties.
Sec. 713. Transporting musical instruments.
Sec. 714. Recycling plans for airports.
Sec. 715. Disadvantaged Business Enterprise Program adjustments.
Sec. 716. Front line manager staffing.
Sec. 717. Study of helicopter and fixed wing air ambulance services.
Sec. 718. Repeal of certain limitations on Metropolitan Washington
Airports Authority.
Sec. 719. Study of aeronautical mobile telemetry.
Sec. 720. Flightcrew member pairing and crew resource management
techniques.
Sec. 721. Consolidation or elimination of obsolete, redundant, or
otherwise unnecessary reports; use of electronic media
format.
[[Page H2334]]
Sec. 722. Line check evaluations.
Sec. 723. Report on Newark Liberty Airport air traffic control tower.
Sec. 724. Priority review of construction projects in cold weather
States.
Sec. 725. Air-rail codeshare study.
Sec. 726. On-going monitoring of and report on the New York/New Jersey/
Philadelphia Metropolitan Area Airspace Redesign.
Sec. 727. Study on aviation fuel prices.
Sec. 728. Land conveyance for Southern Nevada Supplemental Airport.
Sec. 729. Clarification of requirements for volunteer pilots operating
charitable medical flights.
Sec. 730. Cylinders of compressed oxygen, nitrous oxide, or other
oxidizing gases.
Sec. 731. Technical correction.
Sec. 732. Plan for flying scientific instruments on commercial flights.
TITLE VIII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
Sec. 800. Amendment of 1986 Code.
Sec. 801. Extension of taxes funding Airport and Airway Trust Fund.
Sec. 802. Extension of Airport and Airway Trust Fund expenditure
authority.
Sec. 803. Modification of excise tax on kerosene used in aviation.
Sec. 804. Air traffic control system modernization account.
Sec. 805. Treatment of fractional aircraft ownership programs.
Sec. 806. Termination of exemption for small aircraft on nonestablished
lines.
Sec. 807. Transparency in passenger tax disclosures.
TITLE IX--BUDGETARY EFFECTS
Sec. 901. Budgetary effects.
TITLE X--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL
REPORTING REQUIREMENT
Sec. 1001. Definition.
Sec. 1002. Rescission.
Sec. 1003. Agency wide identification and reports.
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 take effect on the date of
enactment of this Act.
TITLE I--AUTHORIZATIONS
SEC. 101. OPERATIONS.
Section 106(k)(1) is amended by striking subparagraphs (A)
through (E) and inserting the following:
``(A) $9,336,000,000 for fiscal year 2010; and
``(B) $9,620,000,000 for fiscal year 2011.''.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) is amended by striking paragraphs (1)
through (5) and inserting the following:
``(1) $3,500,000,000 for fiscal year 2010, of which
$500,000,000 is derived from the Air Traffic Control System
Modernization Account of the Airport and Airways Trust Fund;
and
``(2) $3,600,000,000 for fiscal year 2011, of which
$500,000,000 is derived from the Air Traffic Control System
Modernization Account of the Airport and Airways Trust
Fund.''.
SEC. 103. RESEARCH AND DEVELOPMENT.
Section 48102 is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Not more than the following amounts may
be appropriated to the Secretary of Transportation out of the
Airport and Airway Trust Fund established under section 9502
of the Internal Revenue Code of 1986 (26 U.S.C. 9502) for
conducting civil aviation research and development under
sections 44504, 44505, 44507, 44509, and 44511 through 44513
of this title:
``(1) $200,000,000 for fiscal year 2010.
``(2) $206,000,000 for fiscal year 2011.'';
(2) by striking subsections (c) through (h); and
(3) by adding at the end the following:
``(c) Research Grants Program Involving Undergraduate
Students.--The Administrator of the Federal Aviation
Administration shall establish a program to utilize
undergraduate and technical colleges, including Historically
Black Colleges and Universities, Hispanic Serving
Institutions, tribally controlled colleges and universities,
and Alaska Native and Native Hawaiian serving institutions in
research on subjects of relevance to the Federal Aviation
Administration. Grants may be awarded under this subsection
for--
``(1) research projects to be carried out at primarily
undergraduate institutions and technical colleges;
``(2) research projects that combine research at primarily
undergraduate institutions and technical colleges with other
research supported by the Federal Aviation Administration;
``(3) research on future training requirements on projected
changes in regulatory requirements for aircraft maintenance
and power plant licensees; or
``(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.''.
SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
Section 48103 is amended by striking paragraphs (1) through
(6) and inserting the following:
``(1) $4,000,000,000 for fiscal year 2010; and
``(2) $4,100,000,000 for fiscal year 2011.''.
SEC. 105. OTHER AVIATION PROGRAMS.
Section 48114 is amended--
(1) by striking ``2007'' in subsection (a)(1)(A) and
inserting ``2011'';
(2) by striking ``2007,'' in subsection (a)(2) and
inserting ``2011,''; and
(3) by striking ``2007'' in subsection (c)(2) and inserting
``2011''.
SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION
SYSTEM PROJECTS.
Section 44501(b) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(3);
(2) by striking ``defense.'' in paragraph (4) and inserting
``defense; and''; and
(3) by adding at the end thereof the following:
``(5) a list of projects that are part of the Next
Generation Air Transportation System and do not have as a
primary purpose to operate or maintain the current air
traffic control system.''.
SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR AIRPORT
PROGRAMS.
(a) In General.--Section 48105 is amended to read as
follows:
``Sec. 48105. Airport programs administrative expenses
``Of the amount made available under section 48103 of this
title, the following may be available for administrative
expenses relating to the Airport Improvement Program,
passenger facility charge approval and oversight, national
airport system planning, airport standards development and
enforcement, airport certification, airport-related
environmental activities (including legal services), and
other airport-related activities (including airport
technology research), to remain available until expended--
``(1) for fiscal year 2010, $94,000,000; and
``(2) for fiscal year 2011, $98,000,000.''.
(b) Conforming Amendment.--The table of contents for
chapter 481 is amended by striking the item relating to
section 48105 and inserting the following:
``48105. Airport programs administrative expenses''.
(c) Passenger Enplanement Report.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall prepare a report on every airport in the
United States that reported between 10,000 and 15,000
passenger enplanements during each of the 2 most recent years
for which such data is available.
(2) Report objectives.--In carrying out the report under
paragraph (1), the Administrator shall document the methods
used by each subject airport to reach the 10,000 passenger
enplanement threshold, including whether airports subsidize
commercial flights to reach such threshold.
(3) Review.--The Inspector General of the Department of
Transportation shall review the process of the Adminstrator
in developing the report under paragraph (1).
(4) Report.--The Administrator shall submit the report
prepared under paragraph (1) to Congress and the Secretary of
Transportation.
TITLE II--AIRPORT IMPROVEMENTS
SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AUTHORITY.
(a) Passenger Facility Charge Streamlining.--Section
40117(c) is amended to read as follows:
``(c) Procedural Requirements for Imposition of Passenger
Facility Charge.--
``(1) In general.--An eligible agency must submit to those
air carriers and foreign air carriers operating at the
airport with a significant business interest, as defined in
paragraph (3), and to the Secretary and make available to the
public annually a report, in the form required by the
Secretary, on the status of the eligible agency's passenger
facility charge program, including--
``(A) the total amount of program revenue held by the
agency at the beginning of the 12 months covered by the
report;
``(B) the total amount of program revenue collected by the
agency during the period covered by the report;
``(C) the amount of expenditures with program revenue made
by the agency on each eligible airport-related project during
the period covered by the report;
``(D) each airport-related project for which the agency
plans to collect and use program revenue during the next 12-
month period covered by the report, including the amount of
revenue projected to be used for such project;
``(E) the level of program revenue the agency plans to
collect during the next 12-month period covered by the
report;
``(F) a description of the notice and consultation process
with air carriers and foreign air carriers under paragraph
(3), and with the public under paragraph (4), including a
copy of any adverse comments received and how the agency
responded; and
``(G) any other information on the program that the
Secretary may require.
``(2) Implementation.--Subject to the requirements of
paragraphs (3), (4), (5), and (6), the eligible agency may
implement the planned collection and use of passenger
facility charges in accordance with its report upon filing
the report as required in paragraph (1).
``(3) Consultation with carriers for new projects.--
``(A) An eligible agency proposing to collect or use
passenger facility charge revenue for a project not
previously approved by the Secretary or not included in a
report required by paragraph (1) that was submitted in a
prior year
[[Page H2335]]
shall provide to air carriers and foreign air carriers
operating at the airport reasonable notice, and an
opportunity to comment on the planned collection and use of
program revenue before providing the report required under
paragraph (1). The Secretary shall prescribe by regulation
what constitutes reasonable notice under this paragraph,
which shall at a minimum include--
``(i) that the eligible agency provide to air carriers and
foreign air carriers operating at the airport written notice
of the planned collection and use of passenger facility
charge revenue;
``(ii) that the notice include a full description and
justification for a proposed project;
``(iii) that the notice include a detailed financial plan
for the proposed project; and
``(iv) that the notice include the proposed level for the
passenger facility charge.
``(B) An eligible agency providing notice and an
opportunity for comment shall be deemed to have satisfied the
requirements of this paragraph if the eligible agency
provides such notice to air carriers and foreign air carriers
that have a significant business interest at the airport. For
purposes of this subparagraph, the term `significant business
interest' means an air carrier or foreign air carrier that--
``(i) had not less than 1.0 percent of passenger boardings
at the airport in the prior calendar year;
``(ii) had at least 25,000 passenger boardings at the
airport in the prior calendar year; or
``(iii) provides scheduled service at the airport.
``(C) Not later than 45 days after written notice is
provided under subparagraph (A), each air carrier and foreign
air carrier may provide written comments to the eligible
agency indicating its agreement or disagreement with the
project or, if applicable, the proposed level for a passenger
facility charge.
``(D) The eligible agency may include, as part of the
notice and comment process, a consultation meeting to discuss
the proposed project or, if applicable, the proposed level
for a passenger facility charge. If the agency provides a
consultation meeting, the written comments specified in
subparagraph (C) shall be due not later than 30 days after
the meeting.
``(4) Public notice and comment.--
``(A) An eligible agency proposing to collect or use
passenger facility charge revenue for a project not
previously approved by the Secretary or not included in a
report required by paragraph (1) that was filed in a prior
year shall provide reasonable notice and an opportunity for
public comment on the planned collection and use of program
revenue before providing the report required in paragraph
(1).
``(B) The Secretary shall prescribe by regulation what
constitutes reasonable notice under this paragraph, which
shall at a minimum require--
``(i) that the eligible agency provide public notice of
intent to collect a passenger facility charge so as to inform
those interested persons and agencies that may be affected;
``(ii) appropriate methods of publication, which may
include notice in local newspapers of general circulation or
other local media, or posting of the notice on the agency's
Internet website; and
``(iii) submission of public comments no later than 45 days
after the date of the publication of the notice.
``(5) Objections.--
``(A) Any interested person may file with the Secretary a
written objection to a proposed project included in a notice
under this paragraph provided that the filing is made within
30 days after submission of the report specified in paragraph
(1).
``(B) The Secretary shall provide not less than 30 days for
the eligible agency to respond to any filed objection.
``(C) Not later than 90 days after receiving the eligible
agency's response to a filed objection, the Secretary shall
make a determination whether or not to terminate authority to
collect the passenger facility charge for the project, based
on the filed objection. The Secretary shall state the reasons
for any determination. The Secretary may only terminate
authority if--
``(i) the project is not an eligible airport related
project;
``(ii) the eligible agency has not complied with the
requirements of this section or the Secretary's implementing
regulations in proposing the project;
``(iii) the eligible agency has been found to be in
violation of section 47107(b) of this title and has failed to
take corrective action, prior to the filing of the objection;
or
``(iv) in the case of a proposed increase in the passenger
facility charge level, the level is not authorized by this
section.
``(D) Upon issuance of a decision terminating authority,
the public agency shall prepare an accounting of passenger
facility revenue collected under the terminated authority and
restore the funds for use on other authorized projects.
``(E) Except as provided in subparagraph (C), the eligible
agency may implement the planned collection and use of a
passenger facility charge in accordance with its report upon
filing the report as specified in paragraph (1)(A).
``(6) Approval requirement for increased passenger facility
charge or intermodal ground access project.--
``(A) An eligible agency may not collect or use a passenger
facility charge to finance an intermodal ground access
project, or increase a passenger facility charge, unless the
project is first approved by the Secretary in accordance with
this paragraph.
``(B) The eligible agency may submit to the Secretary an
application for authority to impose a passenger facility
charge for an intermodal ground access project or to increase
a passenger facility charge. The application shall contain
information and be in the form that the Secretary may require
by regulation but, at a minimum, must include copies of any
comments received by the agency during the comment period
described by subparagraph (C).
``(C) Before submitting an application under this
paragraph, an eligible agency must provide air carriers and
foreign air carriers operating at the airport, and the
public, reasonable notice of and an opportunity to comment on
a proposed intermodal ground access project or the increased
passenger facility charge. Such notice and opportunity to
comment shall conform to the requirements of paragraphs (3)
and (4).
``(D) After receiving an application, the Secretary may
provide air carriers, foreign air carriers and other
interested persons notice and an opportunity to comment on
the application. The Secretary shall make a final decision on
the application not later than 120 days after receiving
it.''.
(b) Conforming Amendments.--
(1) References.--
(A) Section 40117(a) is amended--
(i) by striking ``fee'' in the heading for paragraph (5)
and inserting ``charge''; and
(ii) by striking ``fee'' each place it appears in
paragraphs (5) and (6) and inserting ``charge''.
(B) Subsections (b), and subsections (d) through (m), of
section 40117 are amended--
(i) by striking ``fee'' or ``fees'' each place either
appears and inserting ``charge'' or ``charges'',
respectively; and
(ii) by striking ``Fee'' in the subsection caption for
subsection (l), and ``Fees'' in the subsection captions for
subsections (e) and (m), and inserting ``Charge'' and
``Charges'', respectively.
(C) The caption for section 40117 is amended to read as
follows:
``Sec. 40117. Passenger facility charges''.
(D) The table of contents for chapter 401 is amended by
striking the item relating to section 40117 and inserting the
following:
``40117. Passenger facility charges''.
(2) Limitations on approving applications.--Section
40117(d) is amended--
(A) by striking ``subsection (c) of this section to finance
a specific'' and inserting ``subsection (c)(6) of this
section to finance an intermodal ground access'';
(B) by striking ``specific'' in paragraph (1);
(C) by striking paragraph (2) and inserting the following:
``(2) the project is an eligible airport-related project;
and'';
(D) by striking ``each of the specific projects; and'' in
paragraph (3) and inserting ``the project.''; and
(E) by striking paragraph (4).
(3) Limitations on imposing charges.--Section 40117(e)(1)
is amended to read as follows: ``(1) An eligible agency may
impose a passenger facility charge only subject to terms the
Secretary may prescribe to carry out the objectives of this
section.''.
(4) Limitations on contracts, leases, and use agreements.--
Section 40117(f)(2) is amended by striking ``long-term''.
(5) Compliance.--Section 40117(h) is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following:
``(3) The Secretary may, on complaint of an interested
person or on the Secretary's own initiative, conduct an
investigation into an eligible agency's collection and use of
passenger facility charge revenue to determine whether a
passenger facility charge is excessive or that passenger
facility revenue is not being used as provided in this
section. The Secretary shall prescribe regulations
establishing procedures for complaints and investigations.
The regulations may provide for the issuance of a final
agency decision without resort to an oral evidentiary
hearing. The Secretary shall not accept complaints filed
under this paragraph until after the issuance of regulations
establishing complaint procedures.''.
(6) Pilot program for pfc at nonhub airports.--Section
40117(l) is amended--
(A) by striking ``(c)(2)'' in paragraph (2) and inserting
``(c)(3)''; and
(B) by striking ``October 1, 2009.'' in paragraph (7) and
inserting ``the date of issuance of regulations to carry out
subsection (c) of this section, as amended by the FAA Air
Transportation Modernization and Safety Improvement Act.''.
(7) Prohibition on approving pfc applications for airport
revenue diversion.--Section 47111(e) is amended by striking
``sponsor'' the second place it appears in the first sentence
and all that follows and inserting ``sponsor. A sponsor shall
not propose collection or use of passenger facility charges
for any new projects under paragraphs (3) through (6) of
section 40117(c) unless the Secretary determines that the
sponsor has taken corrective action to address the violation
and the violation no longer exists.''.
SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM.
(a) In General.--Section 40117 is amended by adding at the
end thereof the following:
``(n) Alternative Passenger Facility Charge Collection
Pilot Program.--
``(1) In general.--The Secretary shall establish and
conduct a pilot program at not more than 6 airports under
which an eligible agency may impose a passenger facility
charge under this section without regard to the dollar amount
limitations set forth in paragraph (1) or (4) of subsection
(b) if the participating eligible agency meets the
requirements of paragraph (2).
``(2) Collection requirements.--
``(A) Direct collection.--An eligible agency participating
in the pilot program--
``(i) may collect the charge from the passenger at the
facility, via the Internet, or in any other reasonable
manner; but
[[Page H2336]]
``(ii) may not require or permit the charge to be collected
by an air carrier or foreign air carrier for the flight
segment.
``(B) PFC collection requirement not to apply.--Subpart C
of part 158 of title 14, Code of Federal Regulations, does
not apply to the collection of the passenger facility charge
imposed by an eligible agency participating in the pilot
program.''.
(b) GAO Study of Alternative Means of Collecting PFCs.--
(1) In general.--The Comptroller General shall conduct a
study of alternative means of collection passenger facility
charges imposed under section 40117 of title 49, United
States Code, that would permit such charges to be collected
without being included in the ticket price. In the study, the
Comptroller General shall consider, at a minimum--
(A) collection options for arriving, connecting, and
departing passengers at airports;
(B) cost sharing or fee allocation methods based on
passenger travel to address connecting traffic; and
(C) examples of airport fees collected by domestic and
international airports that are not included in ticket
prices.
(2) Report.--No later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a
report on the study to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure containing the
Comptroller General's findings, conclusions, and
recommendations.
SEC. 203. AMENDMENTS TO GRANT ASSURANCES.
Section 47107 is amended--
(1) by striking ``made;'' in subsection (a)(16)(D)(ii) and
inserting ``made, except that, if there is a change in
airport design standards that the Secretary determines is
beyond the owner or operator's control that requires the
relocation or replacement of an existing airport facility,
the Secretary, upon the request of the owner or operator, may
grant funds available under section 47114 to pay the cost of
relocating or replacing such facility;'';
(2) by striking ``purpose;'' in subsection (c)(2)(A)(i) and
inserting ``purpose, which includes serving as noise buffer
land;'';
(3) by striking ``paid to the Secretary for deposit in the
Fund if another eligible project does not exist.'' in
subsection (c)(2)(B)(iii) and inserting ``reinvested in
another project at the airport or transferred to another
airport as the Secretary prescribes.''; and
(4) by redesignating paragraph (3) of subsection (c) as
paragraph (4) and inserting after paragraph (2) the
following:
``(3) In approving the reinvestment or transfer of proceeds
under paragraph (2)(C)(iii), the Secretary shall give
preference, in descending order, to--
``(i) reinvestment in an approved noise compatibility
project;
``(ii) reinvestment in an approved project that is eligible
for funding under section 47117(e);
``(iii) reinvestment in an airport development project that
is eligible for funding under section 47114, 47115, or 47117
and meets the requirements of this chapter;
``(iv) transfer to the sponsor of another public airport to
be reinvested in an approved noise compatibility project at
such airport; and
``(v) payment to the Secretary for deposit in the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502).''.
SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS.
(a) Federal Share.--Section 47109 is amended--
(1) by striking ``subsection (b) or subsection (c)'' in
subsection (a) and inserting ``subsection (b), (c), or (e)'';
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 primary airport
changes to a medium hub primary airport, the United States
Government's share of allowable project costs for the airport
may not exceed 95 percent for 2 fiscal years following such
change in hub status.''.
(b) Transitioning Airports.--Section 47114(f)(3)(B) is
amended by striking ``year 2004.'' and inserting ``years 2010
and 2011.''.
SEC. 205. AMENDMENTS TO ALLOWABLE COSTS.
Section 47110 is amended--
(1) by striking subsection (d) and inserting the following:
``(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 is paid with
funds apportioned to the airport sponsor under sections
47114(c)(1) or 47114(d)(2);
``(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.'';
(2) by striking ``facilities, including fuel farms and
hangars,'' in subsection (h) and inserting ``facilities, as
defined by section 47102,''; and
(3) by adding at the end the following:
``(i) Bird-Detecting Radar Systems.--Within 180 days after
the date of enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, the Administrator
shall analyze the conclusions of ongoing studies of various
types of commercially-available bird radar systems, based
upon that analysis, if the Administrator determines such
systems have no negative impact on existing navigational aids
and that the expenditure of such funds is appropriate, the
Administrator shall allow the purchase of bird-detecting
radar systems as an allowable airport development project
costs subject to subsection (b). If a determination is made
that such radar systems will not improve or negatively impact
airport safety, the Administrator shall issue a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on why that determination was made.''.
SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.
Section 47133(b) is amended--
(1) by resetting the text of the subsection as an indented
paragraph 2 ems from the left margin;
(2) by inserting ``(1)'' before ``Subsection''; and
(3) by adding at the end thereof the following:
``(2) 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 title for the public
sponsor's acquisition; and
``(C) an amount equal to the remaining unamortized portion
of the original grant, amortized over a 20-year period, is
repaid to the Secretary by the private owner for deposit in
the Trust Fund for airport acquisitions.
``(3) This subsection shall apply to grants issued on or
after October 1, 1996.''.
SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT COSTS.
Notwithstanding section 47109(a) of title 49, United States
Code, the Federal Government's share of allowable project
costs for a grant made in fiscal year 2008, 2009, 2010, or
2011 under chapter 471 of that title for a project described
in paragraph (2) or (3) of that section shall be 95 percent.
SEC. 207(B). PROHIBITION ON USE OF PASSENGER FACILITY CHARGES
TO CONSTRUCT BICYCLE STORAGE FACILITIES.
Section 40117(a)(3) is amended--
(1) by redesignating subparagraphs (A) through (G) as
clauses (i) through (vii);
(2) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(3) by adding at the end the following:
``(B) Bicycle storage facilities.--A project to construct a
bicycle storage facility may not be considered an eligible
airport-related project.''.
SEC. 208. MISCELLANEOUS AMENDMENTS.
(a) Technical Changes to National Plan of Integrated
Airport Systems.--Section 47103 is amended--
(1) by striking ``each airport to--'' in subsection (a) and
inserting ``the airport system to--'';
(2) by striking ``system in the particular area;'' in
subsection (a)(1) and inserting ``system, including
connection to the surface transportation network; and'';
(3) by striking ``aeronautics; and'' in subsection (a)(2)
and inserting ``aeronautics.'';
(4) by striking subsection (a)(3);
(5) by inserting ``and'' after the semicolon in subsection
(b)(1);
(6) by striking paragraph (2) of subsection (b) and
redesignating paragraph (3) as paragraph (2);
(7) by striking ``operations, Short Takeoff and Landing/
Very Short Takeoff and Landing aircraft operations,'' in
subsection (b)(2), as redesignated, and inserting
``operations''; and
(8) by striking ``status of the'' in subsection (d).
(b) Update Veterans Preference Definition.--Section
47112(c) is amended--
(1) by striking ``separated from'' in paragraph (1)(B) and
inserting ``discharged or released from active duty in'';
(2) by adding at the end of paragraph (1) the following:
``(C) `Afghanistan-Iraq war veteran' means an individual
who served on active duty, as defined by section 101(21) of
title 38, at any time 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.'';
(3) by striking ``veterans and'' in paragraph (2) and
inserting ``veterans, Afghanistan-Iraq war veterans, and'';
and
(4) by adding at the end the following:
``(3) A contract involving labor for carrying out an
airport development project under a grant agreement under
this subchapter must require that a preference be given to
the use of small business concerns (as defined in section 3
of the Small Business Act (15 U.S.C. 632)) owned and
controlled by disabled veterans.''.
(c) Annual Report.--Section 47131(a) is amended--
(1) by striking ``April 1'' and inserting ``June 1''; and
(2) by striking paragraphs (1) through (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; and
``(4) the allocation of appropriations; and''.
(d) Sunset of Program.--Section 47137 is repealed effective
September 30, 2008.
(e) Correction to Emission Credits Provision.--Section
47139 is amended--
(1) by striking ``47102(3)(F),'' in subsection (a);
(2) by striking ``47102(3)(F), 47102(3)(K), 47102(3)(L), or
47140'' in subsection (b) and inserting ``47102(3)(K) or
47102(3)(L)''; and
(3) by striking ``40117(a)(3)(G), 47103(3)(F), 47102(3)(K),
47102(3)(L), or 47140,'' in subsection (b) and inserting
``40117(a)(3)(G), 47102(3)(K), or 47102(3)(L),''; and
(f) Correction to Surplus Property Authority.--Section
47151(e) is amended by striking ``(other than real property
that is subject to
[[Page H2337]]
section 2687 of title 10, section 201 of the Defense
Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note), or section 2905 of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),''.
(g) Airport Capacity Benchmark Reports; Definition of Joint
Use Airport.--Section 47175 is amended--
(1) by striking ``Airport Capacity Benchmark Report 2001.''
in paragraph (2) and inserting ``2001 and 2004 Airport
Capacity Benchmark Reports or of the most recent Benchmark
report, Future Airport Capacity Task Report, or other
comparable FAA report.''; and
(2) by adding at the end thereof the following:
``(7) Joint use airport.--The term `joint use airport'
means an airport owned by the United States Department of
Defense, at which both military and civilian aircraft make
shared use of the airfield.''.
(h) Use of Apportioned Amounts.--Section 47117(e)(1)(A) is
amended--
(1) by striking ``35 percent'' in the first sentence and
inserting ``$300,000,000'';
(2) by striking ``and'' after ``47141,'';
(3) by striking ``et seq.).'' and inserting ``et seq.), and
for water quality mitigation projects to comply with the Act
of June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an
environmental record of decision for an airport development
project under this title.''; and
(4) by striking ``such 35 percent requirement is'' in the
second sentence and inserting ``the requirements of the
preceding sentence are''.
(i) Use of Previous Fiscal Year's Apportionment.--Section
47114(c)(1) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(E)(ii);
(2) by striking ``airport.'' in subparagraph (E)(iii) and
inserting ``airport; and'';
(3) by adding at the end of subparagraph (E) the following:
``(iv) the airport received scheduled or unscheduled air
service from a large certified air carrier (as defined in
part 241 of title 14, Code of Federal Regulations, or such
other regulations as may be issued by the Secretary under the
authority of section 41709) and the Secretary determines that
the airport had more than 10,000 passenger boardings in the
preceding calendar year, based on data submitted to the
Secretary under part 241 of title 14, Code of Federal
Regulations.'';
(4) in subparagraph (G)--
(A) by striking ``fiscal year 2006'' in the heading and
inserting ``fiscal years 2008 through 2011'';
(B) by striking ``fiscal year 2006'' and inserting ``fiscal
years 2008 through 2011'';
(C) by striking clause (i) and inserting the following:
``(i) the average annual passenger boardings at the airport
for calendar years 2004 through 2006 were below 10,000 per
year;''; and
(D) by striking ``2000 or 2001;'' in clause (ii) and
inserting ``2003;''; and
(5) by adding at the end thereof the following:
``(H) Special rule for fiscal years 2010 and 2011.--
Notwithstanding subparagraph (A), for an airport that had
more than 10,000 passenger boardings and scheduled passenger
aircraft service in calendar year 2007, but in either
calendar years 2008 or 2009, or both years, the number of
passenger boardings decreased to a level below 10,000
boardings per year at such airport, the Secretary may
apportion in fiscal years 2010 or 2011 to the sponsor of such
an airport an amount equal to the amount apportioned to that
sponsor in fiscal year 2009.''.
(j) Mobile Refueler Parking Construction.--Section 47102(3)
is amended 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.''.
(k) Discretionary Fund.--Section 47115(g)(1) is amended by
striking ``of--'' and all that follows and inserting ``of
$520,000,000. The amount credited is exclusive of amounts
that have been apportioned in a prior fiscal year under
section 47114 of this title and that remain available for
obligation.''.
SEC. 209. STATE BLOCK GRANT PROGRAM.
Section 47128 is amended--
(1) by striking ``regulations'' each place it appears in
subsection (a) and inserting ``guidance'';
(2) by striking ``grant;'' in subsection (b)(4) and
inserting ``grant, including Federal environmental
requirements or an agreed upon equivalent;'';
(3) by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following:
``(c) Project Analysis and Coordination Requirements.--Any
Federal agency that must approve, license, or permit a
proposed action by a participating State shall coordinate and
consult with the State. The agency shall utilize the
environmental analysis prepared by the State, provided it is
adequate, or supplement that analysis as necessary to meet
applicable Federal requirements.''; and
(4) by adding at the end the following:
``(e) Pilot Program.--The Secretary shall establish a pilot
program for up to 3 States that do not participate in the
program established under subsection (a) that is consistent
with the program under subsection (a).''.
SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.
Section 47173(a) is amended by striking ``project.'' and
inserting ``project, or to conduct special environmental
studies related to a federally funded airport project or for
special studies or reviews to support approved noise
compatibility measures in a Part 150 program or environmental
mitigation in a Federal Aviation Administration Record of
Decision or Finding of No Significant Impact.''.
SEC. 211. 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) The Secretary is authorized in accordance with
subsection (c)(1) to make a grant to an airport operator to
assist in completing environmental review and assessment
activities for proposals to implement flight procedures that
have been approved for airport noise compatibility planning
purposes under subsection (b).
``(2) The Administrator of the Federal Aviation
Administration may accept funds from an airport sponsor,
including funds provided to the sponsor 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 submitted and
approved for airport noise compatibility planning purposes in
accordance with this section. Funds received under this
authority shall not be subject to the procedures applicable
to the receipt of gifts by the Administrator.''.
SEC. 212. SAFETY-CRITICAL AIRPORTS.
Section 47118(c) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(1);
(2) by striking ``delays.'' in paragraph (2) and inserting
``delays; or''; and
(3) by adding at the end the following:
``(3) be critical to the safety of commercial, military, or
general aviation in trans-oceanic flights.''.
SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT
PROGRAM.
(a) Pilot Program.--Subchapter I of chapter 471 is amended
by adding at the end thereof the following:
``Sec. 47143. Environmental mitigation demonstration pilot
program
``(a) In General.--The Secretary of Transportation shall
carry out a pilot program involving not more than 6 projects
at public-use airports under which the Secretary may make
grants to sponsors of such airports from funds apportioned
under paragraph 47117(e)(1)(A) for use at such airports for
environmental mitigation demonstration projects that will
measurably reduce or mitigate aviation impacts on noise, air
quality or water quality in the vicinity of the airport.
Notwithstanding any other provision of this subchapter, an
environmental mitigation demonstration project approved under
this section shall be treated as eligible for assistance
under this subchapter.
``(b) Participation in Pilot Program.--A public-use airport
shall be eligible for participation in the pilot.
``(c) Selection Criteria.--In selecting from among
applicants for participation in the pilot program, the
Secretary may give priority consideration to environmental
mitigation demonstration projects that--
``(1) will 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) will be implemented by an eligible consortium.
``(d) Federal Share.--Notwithstanding any other provision
of this subchapter, the United States Government's share of
the costs of a project carried out under this section shall
be 50 percent.
``(e) Maximum Amount.--Not more than $2,500,000 may be made
available by the Secretary in grants under this section for
any single project.
``(f) Identifying Best Practices.--The Administrator may
develop and publish information identifying best practices
for reducing or mitigating aviation impacts on noise, air
quality, or water quality in the vicinity of airports, based
on the projects carried out under the pilot program.
``(g) Definitions.--In this section:
``(1) Eligible consortium.--The term `eligible consortium'
means a consortium that comprises 2 or more of the following
entities:
``(A) Businesses operating in the United States.
``(B) Public or private educational or research
organizations located in the United States.
``(C) Entities of State or local governments in the United
States.
``(D) Federal laboratories.
``(2) Environmental mitigation demonstration project.--The
term `environmental mitigation demonstration project' means a
project that--
``(A) introduces new conceptual environmental mitigation
techniques or technology with associated benefits, which have
already been proven in laboratory demonstrations;
``(B) proposes methods for efficient adaptation or
integration of new concepts to airport operations; and
``(C) will demonstrate whether new techniques or technology
for environmental mitigation identified in research are--
``(i) practical to implement at or near multiple public use
airports; and
``(ii) capable of reducing noise, airport emissions, or
water quality impacts in measurably significant amounts.''.
(b) Conforming Amendment.--The table of contents for
chapter 471 is amended by inserting after the item relating
to section 47142 the following:
``47143. Environmental mitigation demonstration pilot program''.
SEC. 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DEVELOPMENT
PROGRAM.
Section 47110(c) is amended--
(1) by striking ``; or'' in paragraph (1) and inserting a
semicolon;
(2) by striking ``project.'' in paragraph (2) and inserting
``project; or''; and
[[Page H2338]]
(3) by adding at the end the following:
``(3) necessarily incurred in anticipation of severe
weather.''.
SEC. 215. GLYCOL RECOVERY VEHICLES.
Section 47102(3)(G) is amended by inserting ``including
acquiring glycol recovery vehicles,'' after ``aircraft,''.
SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT.
Section 44504(b) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(6);
(2) by striking ``aircraft.'' in paragraph (7) and
inserting ``aircraft; and''; and
(3) by adding at the end thereof the following:
``(8) to conduct research to support programs designed to
reduce gases and particulates emitted.''.
SEC. 217. UNITED STATES TERRITORY MINIMUM GUARANTEE.
Section 47114(e) is amended--
(1) by inserting ``and any United States Territory'' after
``Alaska'' in the subsection heading; and
(2) by adding at the end thereof the following:
``(5) United states territory minimum guarantee.--In any
fiscal year in which the total amount apportioned to airports
in a United States Territory under subsections (c) and (d) is
less than 1.5 percent of the total amount apportioned to all
airports under those subsections, the Secretary may apportion
to the local authority in any United States Territory
responsible for airport development projects in that fiscal
year an amount equal to the difference between 1.5 percent of
the total amounts apportioned under subsections (c) and (d)
in that fiscal year and the amount otherwise apportioned
under those subsections to airports in a United States
Territory in that fiscal year.''.
SEC. 218. 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. 219. RELEASE FROM RESTRICTIONS.
(a) In General.--Subject to subsection (b), and
notwithstanding section 16 of the Federal Airport Act (as in
effect on August 28, 1973) and sections 47125 and 47153 of
title 49, United States Code, the Secretary of Transportation
is authorized 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 of
Transportation pursuant to subsection (a) shall be subject to
the following conditions:
(1) The city of St. George, Utah, shall agree that in
conveying any interest in the property which the United
States conveyed to the city by deed on August 28, 1973, the
city will receive an amount for such interest which is equal
to its fair market value.
(2) Any amount received by the city under paragraph (1)
shall be used by the city of St. George, Utah, for the
development or improvement of a replacement public airport.
SEC. 220. DESIGNATION OF FORMER MILITARY AIRPORTS.
Section 47118(g) is amended by striking ``one'' and
inserting ``three'' in its place.
SEC. 221. AIRPORT SUSTAINABILITY PLANNING WORKING GROUP.
(a) In General.--The Administrator shall establish an
airport sustainability working group to assist the
Administrator with issues pertaining to airport
sustainability practices.
(b) Membership.--The Working Group shall be comprised of
not more than 15 members including--
(1) the Administrator;
(2) 5 member organizations representing aviation interests
including:
(A) an organization representing airport operators;
(B) an organization representing airport employees;
(C) an organization representing air carriers;
(D) an organization representing airport development and
operations experts;
(E) a labor organization representing aviation employees.
(3) 9 airport chief executive officers which shall include:
(A) at least one from each of the FAA Regions;
(B) at least 1 large hub;
(C) at least 1 medium hub;
(D) at least 1 small hub;
(E) at least 1 non hub;
(F) at least 1 general aviation airport.
(c) Functions.--
(1) develop consensus-based best practices and metrics for
the sustainable design, construction, planning, maintenance,
and operation of an airport that comply with the guidelines
prescribed by the Administrator;
(2) develop standards for a consensus-based rating system
based on the aforementioned best practices, metrics, and
ratings; and
(3) develop standards for a voluntary ratings process,
based on the aforementioned best practices, metrics, and
ratings;
(4) examine and submit recommendations for the industry's
next steps with regard to sustainability.
(d) Determination.--The Administrator shall provide
assurance that the best practices developed by the working
group under paragraph (a) are not in conflict with any
federal aviation or federal, state or local environmental
regulation.
(e) Unpaid Position.--Working Group members shall serve at
their own expense and receive no salary, reimbursement of
travel expenses, or other compensation from the Federal
Government.
(f) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Working
Group under this section.
(g) Report.--Not later than one year after the date of
enactment the Working Group shall submit a report to the
Administrator containing the best practices and standards
contained in paragraph (c). After receiving the report, the
Administrator may publish such best practices in order to
disseminate the information to support the sustainable
design, construction, planning, maintenance, and operations
of airports.
(h) No funds may be authorized to carry out this provision.
SEC. 222. INCLUSION OF MEASURES TO IMPROVE THE EFFICIENCY OF
AIRPORT BUILDINGS IN AIRPORT IMPROVEMENT
PROJECTS.
Section 47101(a) is amended--
(1) in paragraph (12), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (13), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(14) that the airport improvement program should be
administered to allow measures to improve the efficiency of
airport buildings to be included in airport improvement
projects, such as measures designed to meet one or more of
the criteria for being a high-performance green building set
forth in section 401(13) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17061(13)), if any
significant increase in upfront project costs from any such
measure is justified by expected savings over the lifecycle
of the project.''.
SEC. 223. STUDY ON APPORTIONING AMOUNTS FOR AIRPORT
IMPROVEMENT IN PROPORTION TO AMOUNTS OF AIR
TRAFFIC.
(a) Study and Report Required.--Not later than 180 days
after the date of the enactment of this Act, the
Administrator of the Federal Aviation Administration shall--
(1) complete a study on the feasibility and advisability of
apportioning amounts under section 47114(c)(1) of title 49,
United States Code, to the sponsor of each primary airport
for each fiscal year an amount that bears the same ratio to
the amount subject to the apportionment for fiscal year 2009
as the number of passenger boardings at the airport during
the prior calendar year bears to the aggregate of all
passenger boardings at all primary airports during that
calendar year; and
(2) submit to Congress a report on the study completed
under paragraph (1).
(b) Report Contents.--The report required by subsection
(a)(2) shall include the following:
(1) A description of the study carried out under subsection
(a)(1).
(2) The findings of the Administrator with respect to such
study.
(3) A list of each sponsor of a primary airport that
received an amount under section 47114(c)(1) of title 49,
United States Code, in 2009.
(4) For each sponsor listed in accordance with paragraph
(3), the following:
(A) The amount such sponsor received, if any, in 2005,
2006, 2007, 2008, and 2009 under such section 47114(c)(1).
(B) An explanation of how the amount awarded to such
sponsor was determined.
(C) The average number of air passenger flights serviced
each month at the airport of such sponsor in 2009.
(D) The number of enplanements for air passenger
transportation at such airport in 2005, 2006, 2007, 2008, and
2009.
TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM
SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT BOARD.
Section 106(p) is amended to read as follows:
``(p) Air Traffic Control Modernization Oversight Board.--
``(1) Establishment.--Within 90 days after the date of
enactment of the FAA Air Transportation Modernization and
Safety Improvement Act, the Secretary shall establish and
appoint the members of an advisory Board which shall be known
as the Air Traffic Control Modernization Oversight Board.
``(2) Membership.--The Board shall be comprised of the
individual appointed or designated under section 302 of the
FAA Air Transportation Modernization and Safety Improvement
Act (who shall serve ex officio without the right to vote)
and 9 other members, who shall consist of--
``(A) the Administrator and a representative from the
Department of Defense;
``(B) 1 member who shall have a fiduciary responsibility to
represent the public interest; and
``(C) 6 members representing aviation interests, as
follows:
``(i) 1 representative that is the chief executive officer
of an airport.
``(ii) 1 representative that is the chief executive officer
of a passenger or cargo air carrier.
[[Page H2339]]
``(iii) 1 representative of a labor organization
representing employees at the Federal Aviation Administration
that are involved with the operation of the air traffic
control system.
``(iv) 1 representative with extensive operational
experience in the general aviation community.
``(v) 1 representative from an aircraft manufacturer.
``(vi) 1 representative of a labor organization
representing employees at the Federal Aviation Administration
who are involved with maintenance of the air traffic control
system.
``(3) Appointment and qualifications.--
``(A) Members of the Board appointed under paragraphs
(2)(B) and (2)(C) shall be appointed by the President, by and
with the advice and consent of the Senate.
``(B) Members of the Board appointed under paragraph (2)(B)
shall be citizens of the United States and shall be appointed
without regard to political affiliation and solely on the
basis of their professional experience and expertise in one
or more of the following areas and, in the aggregate, should
collectively bring to bear expertise in--
``(i) management of large service organizations;
``(ii) customer service;
``(iii) management of large procurements;
``(iv) information and communications technology;
``(v) organizational development; and
``(vi) labor relations.
``(C) Of the members first appointed under paragraphs
(2)(B) and (2)(C)--
``(i) 2 shall be appointed for terms of 1 year;
``(ii) 1 shall be appointed for a term of 2 years;
``(iii) 1 shall be appointed for a term of 3 years; and
``(iv) 1 shall be appointed for a term of 4 years.
``(4) Functions.--
``(A) In general.--The Board shall--
``(i) review and provide advice on the Administration's
modernization programs, budget, and cost accounting system;
``(ii) review the Administration's strategic plan and make
recommendations on the non-safety program portions of the
plan, and provide advice on the safety programs of the plan;
``(iii) review the operational efficiency of the air
traffic control system and make recommendations on the
operational and performance metrics for that system;
``(iv) approve procurements of air traffic control
equipment in excess of $100,000,000;
``(v) approve by July 31 of each year the Administrator's
budget request for facilities and equipment prior to its
submission to the Office of Management and budget, including
which programs are proposed to be funded from the Air Traffic
control system Modernization Account of the Airport and
Airway Trust Fund;
``(vi) approve the Federal Aviation Administration's
Capital Investment Plan prior to its submission to the
Congress;
``(vii) annually review and make recommendations on the
NextGen Implementation Plan;
``(viii) approve the Administrator's selection of the Chief
NextGen Officer appointed or designated under section 302(a)
of the FAA Air Transportation Modernization and Safety
Improvement Act; and
``(ix) approve the selection of the head of the Joint
Planning and Development Office.
``(B) Meetings.--The Board shall meet on a regular and
periodic basis or at the call of the Chairman or of the
Administrator.
``(C) Access to documents and staff.--The Administration
may give the Board appropriate access to relevant documents
and personnel of the Administration, and the Administrator
shall make available, consistent with the authority to
withhold commercial and other proprietary information under
section 552 of title 5, cost data associated with the
acquisition and operation of air traffic control systems. Any
member of the Board who receives commercial or other
proprietary data from the Administrator shall be subject to
the provisions of section 1905 of title 18, pertaining to
unauthorized disclosure of such information.
``(5) Federal advisory committee act not to apply.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board or such rulemaking committees as the
Administrator shall designate.
``(6) Administrative matters.--
``(A) Terms of members.--Except as provided in paragraph
(3)(C), members of the Board appointed under paragraph (2)(B)
and (2)(C) shall be appointed for a term of 4 years.
``(B) Reappointment.--No individual may be appointed to the
Board for more than 8 years total.
``(C) Vacancy.--Any vacancy on the Board shall be filled in
the same manner as the original position. Any member
appointed to fill a vacancy occurring before the expiration
of the term for which the member's predecessor was appointed
shall be appointed for a term of 4 years.
``(D) Continuation in office.--A member of the Board whose
term expires shall continue to serve until the date on which
the member's successor takes office.
``(E) Removal.--Any member of the Board appointed under
paragraph (2)(B) or (2)(C) may be removed by the President
for cause.
``(F) Claims against members of the board.--
``(i) In general.--A member appointed to the Board shall
have no personal liability under State or Federal law with
respect to any claim arising out of or resulting from an act
or omission by such member within the scope of service as a
member of the Board.
``(ii) Effect on other law.--This subparagraph shall not be
construed--
``(I) to affect any other immunity or protection that may
be available to a member of the Board under applicable law
with respect to such transactions;
``(II) to affect any other right or remedy against the
United States under applicable law; or
``(III) to limit or alter in any way the immunities that
are available under applicable law for Federal officers and
employees.
``(G) Ethical considerations.--Each member of the Board
appointed under paragraph (2)(B) must certify that the
member--
``(i) does not have a pecuniary interest in, or own stock
in or bonds of, an aviation or aeronautical enterprise,
except an interest in a diversified mutual fund or an
interest that is exempt from the application of section 208
of title 18;
``(ii) does not engage in another business related to
aviation or aeronautics; and
``(iii) is not a member of any organization that engages,
as a substantial part of its activities, in activities to
influence aviation-related legislation.
``(H) Chairman; vice chairman.--The Board shall elect a
chair and a vice chair from among its members, each of whom
shall serve for a term of 2 years. The vice chair shall
perform the duties of the chairman in the absence of the
chairman.
``(I) Compensation.--No member shall receive any
compensation or other benefits from the Federal Government
for serving on the Board, except for compensation benefits
for injuries under subchapter I of chapter 81 of title 5 and
except as provided under subparagraph (J).
``(J) Expenses.--Each member of the Board shall be paid
actual travel expenses and per diem in lieu of subsistence
expenses when away from his or her usual place of residence,
in accordance with section 5703 of title 5.
``(K) Board resources.--From resources otherwise available
to the Administrator, the Chairman shall appoint such staff
to assist the board and provide impartial analysis, and the
Administrator shall make available to the Board such
information and administrative services and assistance, as
may reasonably be required to enable the Board to carry out
its responsibilities under this subsection.
``(L) Quorum and voting.--A simple majority of members of
the Board duly appointed shall constitute a quorum. A
majority vote of members present and voting shall be required
for the Committee to take action.
``(7) Air traffic control system defined.--In this
subsection, the term `air traffic control system' has the
meaning given that term in section 40102(a).''.
SEC. 302. NEXTGEN MANAGEMENT.
(a) In General.--The Administrator shall appoint or
designate an individual, as the Chief NextGen Officer, to be
responsible for implementation of all Administration programs
associated with the Next Generation Air Transportation
System.
(b) Specific Duties.--The individual appointed or
designated under subsection (a) shall--
(1) oversee the implementation of all Administration
NextGen programs;
(2) coordinate implementation of those NextGen programs
with the Office of Management and Budget;
(3) develop an annual NextGen implementation plan;
(4) ensure that Next Generation Air Transportation System
implementation activities are planned in such a manner as to
require that system architecture is designed to allow for the
incorporation of novel and currently unknown technologies
into the System in the future and that current decisions do
not bias future decisions unfairly in favor of existing
technology at the expense of innovation; and
(5) oversee the Joint Planning and Development Office's
facilitation of cooperation among all Federal agencies whose
operations and interests are affected by implementation of
the NextGen programs.
SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAFFIC
SERVICES.
Section 106(l) is amended by adding at the end the
following:
``(7) Air Traffic Services.--In determining what actions to
take, by rule or through an agreement or transaction under
paragraph (6) or under section 44502, to permit non-
Government providers of communications, navigation,
surveillance or other services to provide such services in
the National Airspace System, or to require the usage of such
services, the Administrator shall consider whether such
actions would--
``(A) promote the safety of life and property;
``(B) improve the efficiency of the National Airspace
System and reduce the regulatory burden upon National
Airspace System users, based upon sound engineering
principles, user operational requirements, and marketplace
demands;
``(C) encourage competition and provide services to the
largest feasible number of users; and
``(D) take into account the unique role served by general
aviation.''.
SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO
REIMBURSABLE AGREEMENTS.
Section 106(m) is amended by striking ``without'' in the
last sentence and inserting ``with or without''.
SEC. 305. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.
Section 40110(c) is amended--
(1) by inserting ``and'' after the semicolon in paragraph
(3);
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES.
Section 40113(e) is amended--
(1) by inserting ``(whether public or private)'' in
paragraph (1) after ``authorities'';
[[Page H2340]]
(2) by striking ``safety.'' in paragraph (1) and inserting
``safety or efficiency. The Administrator is authorized to
participate in, and submit offers in response to,
competitions to provide these services, and to contract with
foreign aviation authorities to provide these services
consistent with the provisions under section 106(l)(6) of
this title. The Administrator is also authorized,
notwithstanding any other provision of law or policy, to
accept payments in arrears.''; and
(3) by striking ``appropriation from which expenses were
incurred in providing such services.'' in paragraph (3) and
inserting ``appropriation current when the expenditures are
or were paid, or the appropriation current when the amount is
received.''.
SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM.
Section 40122(g)(2) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(G);
(2) by striking ``Board.'' in subparagraph (H) and
inserting ``Board; and''; and
(3) by inserting at the end the following new subparagraph:
``(I) subsections (b), (c), and (d) of section 4507
(relating to Meritorious Executive or Distinguished Executive
rank awards), and subsections (b) and (c) of section 4507a
(relating to Meritorious Senior Professional or Distinguished
Senior Professional rank awards), except that--
``(i) for purposes of applying such provisions to the
personnel management system--
``(I) the term `agency' means the Department of
Transportation;
``(II) the term `senior executive' means a Federal Aviation
Administration executive;
``(III) the term `career appointee' means a Federal
Aviation Administration career executive; and
``(IV) the term `senior career employee' means a Federal
Aviation Administration career senior professional;
``(ii) receipt by a career appointee of the rank of
Meritorious Executive or Meritorious Senior Professional
entitles such individual to a lump-sum payment of an amount
equal to 20 percent of annual basic pay, which shall be in
addition to the basic pay paid under the Federal Aviation
Administration Executive Compensation Plan; and
``(iii) receipt by a career appointee of the rank of
Distinguished Executive or Distinguished Senior Professional
entitles the individual to a lump-sum payment of an amount
equal to 35 percent of annual basic pay, which shall be in
addition to the basic pay paid under the Federal Aviation
Administration Executive Compensation Plan.''.
SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESSMENT.
(a) FAA Criteria for Facilities Realignment.--Within 9
months after the date of enactment of this Act, the
Administrator, after providing an opportunity for public
comment, shall publish final criteria to be used in making
the Administrator's recommendations for the realignment of
services and facilities to assist in the transition to next
generation facilities and help reduce capital, operating,
maintenance, and administrative costs with no adverse effect
on safety.
(b) Realignment Recommendations.--Within 9 months after
publication of the criteria, the Administrator shall publish
a list of the services and facilities that the Administrator
recommends for realignment, including a justification for
each recommendation and a description of the costs and
savings of such transition, in the Federal Register and allow
45 days for the submission of public comments to the Board.
In addition, the Administrator upon request shall hold a
public hearing in any community that would be affected by a
recommendation in the report.
(c) Study by Board.--The Air Traffic Control Modernization
Oversight Board established by section 106(p) of title 49,
United States Code, shall study the Administrator's
recommendations for realignment and the opportunities, risks,
and benefits of realigning services and facilities of the
Administration to help reduce capital, operating,
maintenance, and administrative costs with no adverse effect
on safety.
(d) Review and Recommendations.--
(1) Based on its review and analysis of the Administrator's
recommendations and any public comment it may receive, the
Board shall make its independent recommendations for
realignment of aviation services or facilities and submit its
recommendations in a report to the President, the Senate
Committee on Commerce, Science, and Transportation, and the
House of Representatives Committee on Transportation and
Infrastructure.
(2) The Board shall explain and justify in its report any
recommendation made by the Board that is different from the
recommendations made by the Administrator pursuant to
subsection (b).
(3) The Administrator may not realign any air traffic
control facilities or regional offices until the Board's
recommendations are complete, unless for each proposed
realignment the Administrator and each exclusive bargaining
representative certified under section 7114 of title 5,
United States Code, of affected employees execute a written
agreement regarding the proposed realignment.
(e) Realignment Defined.--In this section, the term
``realignment''--
(1) means a relocation or reorganization of functions,
services, or personnel positions, including a facility
closure, consolidation, deconsolidation, collocation,
decombining, decoupling, split, or inter-facility or inter-
regional reorganization that requires a reassignment of
employees; but
(2) does not include a reduction in personnel resulting
from workload adjustments.
SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYSTEM
IMPLEMENTATION OFFICE.
(a) Improved Cooperation and Coordination among
Participating Agencies.--Section 709 of the Vision 100--
Century of Aviation Reauthorization Act (49 U.S.C. 40101
note) is amended--
(1) by inserting ``strategic and cross-agency'' after
``manage'' in subsection (a)(1);
(2) by adding at the end of subsection (a)(1) ``The office
shall be headed by a Director, who shall report to the Chief
NextGen Officer appointed or designated under section 302(a)
of the FAA Air Transportation Modernization and Safety
Improvement Act.'';
(3) by inserting ``(A)'' after ``(3)'' in subsection
(a)(3);
(4) by inserting after subsection (a)(3) the following:
``(B) The Administrator, 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 Department or
Federal agency from which the Secretary of Transportation
requests assistance under subparagraph (A) shall designate an
implementation office to be responsible for--
``(i) carrying out the Department or agency's Next
Generation Air Transportation System implementation
activities with the Office;
``(ii) liaison and coordination with other Departments and
agencies involved in Next Generation Air Transportation
System activities; and
``(iii) managing all Next Generation Air Transportation
System programs for the Department or agency, including
necessary budgetary and staff resources, including, for the
Federal Aviation Administration, those projects described in
section 44501(b)(5) of title 49, United States Code).
``(C) The head of any such Department or agency shall
ensure that--
``(i) the Department's or agency's Next Generation Air
Transportation System responsibilities are clearly
communicated to the designated office; and
``(ii) the performance of supervisory personnel in that
office in carrying out the Department's or agency's Next
Generation Air Transportation System responsibilities is
reflected in their annual performance evaluations and
compensation decisions.
``(D)(i) Within 6 months after the date of enactment of the
FAA Air Transportation Modernization and Safety Improvement
Act, the head of each such Department or agency shall execute
a memorandum of understanding with the Office and with the
other Departments and agencies participating in the Next
Generation Air Transportation System project that--
``(I) describes the respective responsibilities of each
such Department and agency, including budgetary commitments;
and
``(II) the budgetary and staff resources committed to the
project.
``(ii) The memorandum shall be revised as necessary to
reflect any changes in such responsibilities or commitments
and be reflected in each Department or agency's budget
request.'';
(5) by striking ``beyond those currently included in the
Federal Aviation Administration's operational evolution
plan'' in subsection (b);
(6) by striking ``research and development roadmap'' in
subsection (b)(3) and inserting ``implementation plan'';
(7) by striking ``and'' after the semicolon in subsection
(b)(3)(B);
(8) by inserting after subsection (b)(3)(C) the following:
``(D) a schedule of rulemakings required to issue
regulations and guidelines for implementation of the Next
Generation Air Transportation System within a timeframe
consistent with the integrated plan; and'';
(9) by inserting ``and key technologies'' after
``concepts'' in subsection (b)(4);
(10) by striking ``users'' in subsection (b)(4) and
inserting ``users, an implementation plan,'';
(11) by adding at the end of subsection (b) the following:
``Within 6 months after the date of enactment of the FAA Air
Transportation Modernization and Safety Improvement Act, the
Administrator shall develop the implementation plan described
in paragraph (3) of this subsection and shall update it
annually thereafter.''; and
(12) by striking ``2010.'' in subsection (e) and inserting
``2011.''.
(b) Senior Policy Committee Meetings.--Section 710(a) of
such Act (49 U.S.C. 40101 note) is amended by striking
``Secretary.'' and inserting ``Secretary and shall meet at
least once each quarter.''.
SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY.
Section 40102(a)(4) is amended--
(1) by striking subparagraph (B) and inserting the
following:
``(B) runway lighting and airport surface visual and other
navigation aids;'';
(2) by striking ``weather information, signaling, radio-
directional finding, or radio or other electromagnetic
communication; and'' in subparagraph (C) and inserting
``aeronautical and meteorological information to air traffic
control facilities or aircraft, supplying communication,
navigation or surveillance equipment for air-to-ground or
air-to-air applications;'';
(3) by striking ``another structure'' in subparagraph (D)
and inserting ``any structure, equipment,'';
(4) by striking ``aircraft.'' in subparagraph (D) and
inserting ``aircraft; and''; and
(5) by adding at the end the following:
``(E) buildings, equipment, and systems dedicated to the
National Airspace System.''.
SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.
Section 40110(a)(2) is amended by striking ``compensation;
and'' and inserting ``compensation, and the amount received
may be credited
[[Page H2341]]
to the appropriation current when the amount is received;
and''.
SEC. 312. EDUCATIONAL REQUIREMENTS.
The Administrator shall make payments to the Department of
Defense for the education of dependent children of those
Administration employees in Puerto Rico and Guam as they are
subject to transfer by policy and practice and meet the
eligibility requirements of section 2164(c) of title 10,
United States Code.
SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM.
Section 40122(a)(2) is amended to read as follows:
``(2) Dispute resolution.--
``(A) Mediation.--If the Administrator does not reach an
agreement under paragraph (1) or subsection (g)(2)(C) with
the exclusive bargaining representatives, the services of the
Federal Mediation and Conciliation Service shall be used to
attempt to reach such agreement in accordance with part 1425
of title 29, Code of Federal Regulations. The Administrator
and bargaining representatives may by mutual agreement adopt
procedures for the resolution of disputes or impasses arising
in the negotiation of a collective-bargaining agreement.
``(B) Binding arbitration.--If the services of the Federal
Mediation and Conciliation Service under subparagraph (A) do
not lead to an agreement, the Administrator and the
bargaining representatives shall submit their issues in
controversy to the Federal Service Impasses Panel in
accordance with section 7119 of title 5. The Panel shall
assist the parties in resolving the impasse by asserting
jurisdiction and ordering binding arbitration by a private
arbitration board consisting of 3 members in accordance with
section 2471.6(a)(2)(ii) of title 5, Code of Federal
Regulations. The executive director of the Panel shall
request a list of not less than 15 names of arbitrators with
Federal sector experience from the director of the Federal
Mediation and Conciliation Service to be provided to the
Administrator and the bargaining representatives. Within 10
days after receiving the list, the parties shall each select
1 person. The 2 arbitrators shall then select a third person
from the list within 7 days. If the 2 arbitrators are unable
to agree on the third person, the parties shall select the
third person by alternately striking names from the list
until only 1 name remains. If the parties do not agree on the
framing of the issues to be submitted, the arbitration board
shall frame the issues. The arbitration board shall give the
parties a full and fair hearing, including an opportunity to
present evidence in support of their claims, and an
opportunity to present their case in person, by counsel, or
by other representative as they may elect. Decisions of the
arbitration board shall be conclusive and binding upon the
parties. The arbitration board shall render its decision
within 90 days after its appointment. The Administrator and
the bargaining representative shall share costs of the
arbitration equally. The arbitration board shall take into
consideration the effect of its arbitration decisions on the
Federal Aviation Administration's ability to attract and
retain a qualified workforce and the Federal Aviation
Administration's budget.
``(C) Effect.--Upon reaching a voluntary agreement or at
the conclusion of the binding arbitration under subparagraph
(B) above, the final agreement, except for those matters
decided by the arbitration board, shall be subject to
ratification by the exclusive representative, if so requested
by the exclusive representative, and approval by the head of
the agency in accordance with subsection (g)(2)(C).
``(D) Enforcement.--Enforcement of the provisions of this
paragraph shall be in the United States District Court for
the District of Columbia.''.
SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES.
(a) OEP Airport Procedures.--
(1) In general.--Within 6 months after the date of
enactment of this Act, the Administrator shall publish a
report, after consultation with representatives of
appropriate Administration employee groups, airport
operators, air carriers, general aviation representatives,
and aircraft manufacturers that includes the following:
(A) RNP/RNAV operations.--The required navigation
performance and area navigation operations, including the
procedures to be developed, certified, and published and the
air traffic control operational changes, to maximize the
efficiency and capacity of NextGen commercial operations at
the 35 Operational Evolution Partnership airports identified
by the Administration.
(B) Coordination and implementation activities.--A
description of the activities and operational changes and
approvals required to coordinate and utilize those procedures
at those airports.
(C) Implementation plan.--A plan for implementing those
procedures that establishes--
(i) clearly defined budget, schedule, project organization,
and leadership requirements;
(ii) specific implementation and transition steps; and
(iii) baseline and performance metrics for measuring the
Administration's progress in implementing the plan, including
the percentage utilization of required navigation performance
in the National Airspace System.
(D) Cost/benefit analysis for third-party usage.--An
assessment of the costs and benefits of using third parties
to assist in the development of the procedures.
(E) Additional procedures.--A process for the
identification, certification, and publication of additional
required navigation performance and area navigation
procedures that may be required at such airports in the
future.
(2) Implementation schedule.--The Administrator shall
certify, publish, and implement--
(A) 30 percent of the required procedures within 18 months
after the date of enactment of this Act;
(B) 60 percent of the procedures within 36 months after the
date of enactment of this Act; and
(C) 100 percent of the procedures before January 1, 2014.
(b) Expansion of Plan to Other Airports.--
(1) In general.--No later than January 1, 2014, the
Administrator shall publish a report, after consultation with
representatives of appropriate Administration employee
groups, airport operators, and air carriers, that includes a
plan for applying the procedures, requirements, criteria, and
metrics described in subsection (a)(1) to other airports
across the Nation.
(2) Implementation schedule.--The Administrator shall
certify, publish, and implement--
(A) 25 percent of the required procedures at such other
airports before January 1, 2015;
(B) 50 percent of the procedures at such other airports
before January 1, 2016;
(C) 75 percent of the procedures at such other airports
before January 1, 2017; and
(D) 100 percent of the procedures before January 1, 2018.
(c) Establishment of Priorities.--The Administrator shall
extend the charter of the Performance Based Navigation
Aviation Rulemaking Committee as necessary to authorize and
request it to establish priorities for the development,
certification, publication, and implementation of the
navigation performance and area navigation procedures based
on their potential safety and congestion benefits.
(d) Coordinated and Expedited Review.--Navigation
performance and area navigation procedures developed,
certified, published, and implemented under this section
shall be presumed to be covered by a categorical exclusion
(as defined in section 1508.4 of title 40, Code of Federal
Regulations) under chapter 3 of FAA Order 1050.1E unless the
Administrator determines that extraordinary circumstances
exist with respect to the procedure.
(e) Deployment Plan for Nationwide Data Communications
System.--Within 1 year after the date of enactment of this
Act, the Administrator shall submit a plan for implementation
of a nationwide communications system to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure. The plan shall include--
(1) clearly defined budget, schedule, project organization,
and leadership requirements;
(2) specific implementation and transition steps; and
(3) baseline and performance metrics for measuring the
Administration's progress in implementing the plan.
(f) Improved Performance Standards.--Within 90 days after
the date of enactment of this Act, the Administrator shall
submit a report to the Senate committee on commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure that--
(1) evaluates whether utilization of ADS-B, RNP, and other
technologies as part of the NextGen Air Transportation System
implementation plan will display the position of aircraft
more accurately and frequently so as to enable a more
efficient use of existing airspace and result in reduced
consumption of aviation fuel and aircraft engine emissions;
(2) evaluates the feasibility of reducing aircraft
separation standards in a safe manner as a result of
implementation of such technologies; and
(3) if the Administrator determines that such standards can
be reduced safely, includes a timetable for implementation of
such reduced standards.
SEC. 315. ADS-B DEVELOPMENT AND IMPLEMENTATION.
(a) In General.--
(1) Report required.--Within 90 days after the date of
enactment of this Act, the Administrator shall submit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure detailing the
Administration's program and schedule for integrating ADS-B
technology into the National Airspace System. The report
shall include--
(A) a clearly defined budget, schedule, project
organization, leadership, and the specific implementation or
transition steps required to achieve these ADS-B ground
station installation goals;
(B) a transition plan for ADS-B that includes date-specific
milestones for the implementation of new capabilities into
the National Airspace System;
(C) identification of any potential operational or
workforce changes resulting from deployment of ADS-B;
(D) detailed plans and schedules for implementation of
advanced operational procedures and ADS-B air-to-air
applications; and
(E) baseline and performance metrics in order to measure
the agency's progress.
(2) IDENTIFICATION and measurement of benefits.--In the
report required by paragraph (1), the Administrator shall
identify actual benefits that will accrue to National
Airspace System users, small and medium-sized airports, and
general aviation users from deployment of ADS-B and provide
an explanation of the metrics used to quantify those
benefits.
(b) Rulemakings.--
(1) ADS-B out.--Not later than 45 days after the date of
enactment of this Act the Administrator shall--
(A) complete the initial rulemaking proceeding (Docket No.
FAA-2007-29305; Notice No. 07-15; 72 FR 56947) to issue
guidelines and regulations for ADS-B Out technology that--
(i) identify the ADS-B Out technology that will be required
under NextGen;
[[Page H2342]]
(ii) subject to paragraph (3), require all aircraft to be
equipped with such technology by 2015; and
(iii) identify--
(I) the type of such avionics required of aircraft for all
classes of airspace;
(II) the expected costs associated with the avionics; and
(III) the expected uses and benefits of the avionics; and
(B) initiate a rulemaking proceeding to issue any
additional guidelines and regulations for ADS-B Out
technology not addressed in the initial rulemaking.
(2) ADS-B in.--Not later than 45 days after the date of
enactment of this Act the Administrator shall initiate a
rulemaking proceeding to issue guidelines and regulations for
ADS-B In technology that--
(A) identify the ADS-B In technology that will be required
under NextGen;
(B) subject to paragraph (3), require all aircraft to be
equipped with such technology by 2018; and
(C) identify--
(i) the type of such avionics required of aircraft for all
classes of airspace;
(ii) the expected costs associated with the avionics; and
(iii) the expected uses and benefits of the avionics.
(3) Readiness Verification.--Before the date on which all
aircraft are required to be equipped with ADS-B technology
pursuant to rulemakings under paragraphs (1) and (2), the Air
Traffic Control Modernization Oversight Board shall verify
that--
(A) the necessary ground infrastructure is installed and
functioning properly;
(B) certification standards have been approved; and
(C) appropriate operational platforms interface safely and
efficiently.
(c) Uses.--Within 18 months after the date of enactment of
this Act, the Administrator shall develop, in consultation
with appropriate employee groups, a plan for the use of ADS-B
technology for surveillance and active air traffic control by
2015. The plans shall--
(1) include provisions to test the use of ADS-B prior to
the 2015 deadline for surveillance and active air traffic
control in specific regions of the country with the most
congested airspace;
(2) identify the equipment required at air traffic control
facilities and the training required for air traffic
controllers;
(3) develop procedures, in consultation with appropriate
employee groups, to conduct air traffic management in mixed
equipage environments; and
(4) establish a policy in these test regions, with
consultation from appropriate employee groups, to provide
incentives for equipage with ADS-B technology by giving
priority to aircraft equipped with such technology before the
2015 and 2018 equipage deadlines.
(d) Conditional Extension of Deadlines for Equipping
Aircraft With ADS-B Technology.--
(1) ADS-B out.--In the case that the Administrator fails to
complete the initial rulemaking described in subparagraph (A)
of subsection (b)(1) on or before the date that is 45 days
after the date of the enactment of this Act, the deadline
described in clause (ii) of such subparagraph shall be
extended by an amount of time that is equal to the amount of
time of the period beginning on the date that is 45 days
after the date of the enactment of this Act and ending on the
date on which the Administrator completes such initial
rulemaking.
(2) ADS-B in.--In the case that the Administrator fails to
initiate the rulemaking required by paragraph (2) of
subsection (b) on or before the date that is 45 days after
the date of the enactment of this Act, the deadline described
in subparagraph (B) of such paragraph shall be extended by an
amount of time that is equal to the amount of time of the
period beginning on the date that is 45 days after the date
of the enactment of this Act and ending on the date on which
the Administrator initiates such rulemaking.
SEC. 316. EQUIPAGE INCENTIVES.
(a) In General.--The Administrator shall issue a report
that--
(1) identifies incentive options to encourage the equipage
of aircraft with NextGen technologies, including a policy
that gives priority to aircraft equipped with ADS-B
technology;
(2) identifies the costs and benefits of each option; and
(3) includes input from industry stakeholders, including
passenger and cargo air carriers, aerospace manufacturers,
and general aviation aircraft operators.
(b) Deadline.--The Administrator shall issue the report
before the earlier of--
(1) the date that is 6 months after the date of enactment
of this Act; or
(2) the date on which aircraft are required to be equipped
with ADS-B technology pursuant to rulemakings under section
315(b) of this Act.
SEC. 317. PERFORMANCE METRICS.
(a) In General.--No later than June 1, 2010, the
Administrator shall establish and track National Airspace
System performance metrics, including, at a minimum--
(1) the allowable operations per hour on runways;
(2) average gate-to-gate times;
(3) fuel burned between key city pairs;
(4) operations using the advanced procedures implemented
under section 314 of this Act;
(5) average distance flown between key city pairs;
(6) time between pushing back from the gate and taking off;
(7) uninterrupted climb or descent;
(8) average gate arrival delay for all arrivals;
(9) flown versus filed flight times for key city pairs; and
(10) metrics to demonstrate reduced fuel burn and reduced
emissions.
(b) Optimal Baselines.--The Administrator, in consultation
with aviation industry stakeholders, shall identify optimal
baselines for each of these metrics and appropriate methods
to measure deviations from these baselines.
(c) Publication.--The Administration shall make the data
obtained under subsection (a) available to the public in a
searchable, sortable, downloadable format through its website
and other appropriate media.
(d) Reports.--
(1) Initial report.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall submit to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure that contains--
(A) a description of the metrics that will be used to
measure the Administration's progress in implementing NextGen
Air Transportation System capabilities and operational
results; and
(B) information about how any additional metrics were
developed.
(2) Annual progress report.--The Administrator shall submit
an annual progress report to those committees on the
Administration's progress in implementing NextGen Air
Transportation System.
SEC. 318. CERTIFICATION STANDARDS AND RESOURCES.
(a) In General.--Within 6 months after the date of
enactment of this Act, the Administrator shall develop a plan
to accelerate and streamline the process for certification of
NextGen technologies, including--
(1) updated project plans and timelines to meet the
deadlines established by this title;
(2) identification of the specific activities needed to
certify core NextGen technologies, including the
establishment of NextGen technical requirements for the
manufacture of equipage, installation of equipage, airline
operational procedures, pilot training standards, air traffic
control procedures, and air traffic controller training;
(3) staffing requirements for the Air Certification Service
and the Flight Standards Service, and measures addressing
concerns expressed by the Department of Transportation
Inspector General and the Comptroller General regarding
staffing needs for modernization;
(4) an assessment of the extent to which the Administration
will use third parties in the certification process, and the
cost and benefits of this approach; and
(5) performance metrics to measure the Administration's
progress.
(b) Certification Integrity.--The Administrator shall make
no distinction between public or privately owned equipment,
systems, or services used in the National Airspace System
when determining certification requirements.
SEC. 319. REPORT ON FUNDING FOR NEXTGEN TECHNOLOGY.
Not later than 120 days after the date of the enactment of
this Act, the Administrator of the Federal Aviation
Administration shall submit to Congress a report that
contains--
(1) a financing proposal that--
(A) uses innovative methods to fully fund the development
and implementation of technology for the Next Generation Air
Transportation System in a manner that does not increase the
Federal deficit; and
(B) takes into consideration opportunities for involvement
by public-private partnerships; and
(C) recommends creative financing proposals other than user
fees or higher taxes; and
(2) recommendations with respect to how the Administrator
and Congress can provide operational benefits, such as
benefits relating to preferred airspace, routings, or runway
access, for all aircraft, including air carriers and general
aviation, that equip their aircraft with technology necessary
for the operation of the Next Generation Air Transportation
System before the date by which the Administrator requires
the use of such technology.
SEC. 320. UNMANNED AERIAL SYSTEMS.
(a) In General.--Within 1 year after the date of enactment
of this Act, the Administrator shall develop a plan to
accelerate the integration of unmanned aerial systems into
the National Airspace System that--
(1) creates a pilot project to integrate such vehicles into
the National Airspace System at 4 test sites in the National
Airspace System by 2012;
(2) creates a safe, non-exclusionary airspace designation
for cooperative manned and unmanned flight operations in the
National Airspace System;
(3) establishes a process to develop certification, flight
standards, and air traffic requirements for such vehicles at
the test sites;
(4) dedicates funding for unmanned aerial systems research
and development to certification, flight standards, and air
traffic requirements;
(5) encourages leveraging and coordination of such research
and development activities with the National Aeronautics and
Space Administration and the Department of Defense;
(6) addresses both military and civilian unmanned aerial
system operations;
(7) ensures the unmanned aircraft systems integration plan
is incorporated in the Administration's NextGen Air
Transportation System implementation plan; and
(8) provides for verification of the safety of the vehicles
and navigation procedures before their integration into the
National Airspace System.
(b) Test Site Criteria.--The Administrator shall take into
consideration geographical and climate diversity in
determining where the test sites to be established under the
pilot project required by subsection (a)(1) are to be
located.
[[Page H2343]]
SEC. 321. SURFACE SYSTEMS PROGRAM OFFICE.
(a) In General.--The Air Traffic Organization shall--
(1) evaluate the Airport Surface Detection Equipment-Model
X program for its potential contribution to implementation of
the NextGen initiative;
(2) evaluate airport surveillance technologies and
associated collaborative surface management software for
potential contributions to implementation of NextGen surface
management;
(3) accelerate implementation of the program; and
(4) carry out such additional duties as the Administrator
may require.
(b) Expedited Certification and Utilization.--The
Administrator shall--
(1) consider options for expediting the certification of
Ground Based Augmentation System technology; and
(2) develop a plan to utilize such a system at the 35
Operational Evolution Partnership airports by September 30,
2012.
SEC. 322. STAKEHOLDER COORDINATION.
(a) In General.--The Administrator shall establish a
process for including qualified employees selected by each
exclusive collective bargaining representative of employees
of the Administration who are likely to be affected by the
planning, development, and deployment of air traffic control
modernization projects (including the Next Generation Air
Transportation System) in, and collaborating with, such
employees in the planning, development, and deployment of
those projects.
(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.--No later than 180 days after the date of
enactment of this Act, the Administrator shall submit a
report on the implementation of this section to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.
SEC. 323. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY
CONDITIONS.
(a) Establishment.--The Administrator shall establish a
special task force to be known as the ``FAA Task Force on Air
Traffic Control Facility Conditions''.
(b) Membership.--
(1) Composition.--The Task Force shall be composed of 11
members of whom--
(A) 7 members shall be appointed by the Administrator; and
(B) 4 members shall be appointed by labor unions
representing employees who work at field facilities of the
Administration.
(2) Qualifications.--Of the members 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 indices.--The Task Force shall
review the facility condition indices of the Administration
for inclusion in the recommendations under subsection (g).
(g) Recommendations.--Based on the results of the study and
review of the facility condition indices under 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 a report to the
Administrator, the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure on the activities of the
Task Force, including the recommendations of the Task Force
under subsection (g).
(i) Implementation.--Within 30 days after receipt of the
Task Force report under subsection (h), the Administrator
shall submit to the House of Representatives Committee on
Transportation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation 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) is 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.
SEC. 324. STATE ADS-B EQUIPAGE BANK PILOT PROGRAM.
(a) In General.--
(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary of Transportation may enter into
cooperative agreements with not to exceed 5 States for the
establishment of State ADS-B equipage banks for making loans
and providing other assistance to public entities for
projects eligible for assistance under this section.
(b) Funding.--
(1) Separate account.--An ADS-B equipage bank established
under this section shall maintain a separate aviation trust
fund account for Federal funds contributed to the bank under
paragraph (2). No Federal funds contributed or credited to an
account of an ADS-B equipage bank established under this
section may be commingled with Federal funds contributed or
credited to any other account of such bank.
(2) Authorization.--There are authorized to be appropriated
to the Secretary $25,000,000 for each of fiscal years 2010
through 2014.
(c) Forms of Assistance From ADS-B Equipage Banks.--An ADS-
B equipage bank established under this section may make loans
or provide other assistance to a public entity in an amount
equal to all or part of the cost of carrying out a project
eligible for assistance under this section. The amount of any
loan or other assistance provided for such project may be
subordinated to any other debt financing for the project.
(d) Qualifying Projects.--Federal funds in the ADS-B
equipage account of an ADS-B equipage bank established under
this section may be used only to provide assistance with
respect to aircraft ADS-B and related avionics equipage.
(e) Requirements.--In order to establish an ADS-B equipage
bank under this section, each State establishing such a bank
shall--
(1) contribute, at a minimum, in each account of the bank
from non-Federal sources an amount equal to 50 percent of the
amount of each capitalization grant made to the State and
contributed to the bank;
(2) ensure that the bank maintains on a continuing basis an
investment grade rating on its debt issuances or has a
sufficient level of bond or debt financing instrument
insurance to maintain the viability of the bank;
(3) ensure that investment income generated by funds
contributed to an account of the bank will be--
(A) credited to the account;
(B) available for use in providing loans and other
assistance to projects eligible for assistance from the
account; and
(C) invested in United States Treasury securities, bank
deposits, or such other financing instruments as the
Secretary may approve to earn
[[Page H2344]]
interest to enhance the leveraging of projects assisted by
the bank;
(4) ensure that any loan from the bank will bear interest
at or below market interest rates, as determined by the
State, to make the project that is the subject of the loan
feasible;
(5) ensure that the term for repaying any loan will not
exceed 10 years after the date of the first payment on the
loan; and
(6) require the bank to make an annual report to the
Secretary on its status no later than September 30 of each
year for which funds are made available under this section,
and to make such other reports as the Secretary may require
by guidelines.
SEC. 325. IMPLEMENTATION OF INSPECTOR GENERAL ATC
RECOMMENDATIONS.
(a) In General.--As soon as practicable after the date of
enactment of this Act, but no later than 1 year after that
date, the Administrator of the Federal Aviation
Administration shall--
(1) provide the Los Angeles International Air Traffic
Control Tower facility, the Southern California Terminal
Radar Approach Control facility, and the Northern California
Terminal Radar Approach Control facility a sufficient number
of contract instructors, classroom space (including off-site
locations as needed), and simulators for a surge in the
number of new air traffic controllers at those facilities;
(2) to the greatest extent practicable, distribute the
placement of new trainee air traffic controllers at those
facilities evenly across the calendar year in order to avoid
training bottlenecks;
(3) commission an independent analysis, in consultation
with the Administration and the exclusive bargaining
representative of air traffic controllers certified under
section 7111 of title 5, United States Code, of overtime
scheduling practices at those facilities; and
(4) to the greatest extent practicable, provide priority to
certified professional controllers-in-training when filling
staffing vacancies at those facilities.
(b) Staffing Analyses and Reports.--For the purposes of--
(1) the Federal Aviation Administration's annual controller
workforce plan,
(2) the Administration's facility-by-facility authorized
staffing ranges, and
(3) any report of air traffic controller staffing levels
submitted to the Congress,
the Administrator may not consider an individual to be an air
traffic controller unless that individual is a certified
professional controller.
SEC. 326. SEMIANNUAL REPORT ON STATUS OF GREENER SKIES
PROJECT.
(a) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Administrator shall submit
to Congress a report on the strategy of the Administrator for
implementing, on an accelerated basis, the NextGen
operational capabilities produced by the Greener Skies
project, as recommended in the final report of the RTCA
NextGen Mid-Term Implementation Task Force that was issued on
September 9, 2009.
(b) Subsequent Reports.--
(1) In general.--Not later than 180 days after the
Administrator submits to Congress the report required by
subsection (a) and not less frequently than once every 180
days thereafter until September 30, 2011, the Administrator
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the progress of the Administrator
in carrying out the strategy described in the report
submitted under subsection (a).
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) A timeline for full implementation of the strategy
described in the report submitted under subsection (a).
(B) A description of the progress made in carrying out such
strategy.
(C) A description of the challenges, if any, encountered by
the Administrator in carrying out such strategy.
SEC. 327. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(3) NextGen.--The term ``NextGen'' means the Next
Generation Air Transportation System.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 328. FINANCIAL INCENTIVES FOR NEXTGEN EQUIPAGE.
(a) In General.--The Administrator of the Federal Aviation
Administration may enter into agreements to fund the costs of
equipping aircraft with communications, surveillance,
navigation, and other avionics to enable NextGen air traffic
control capabilities.
(b) Funding Instrument.--The Administrator may make grants
or other instruments authorized under section 106(l)(6) of
title 49, United States Code, to carry out subsection (a).
TITLE IV--AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE IMPROVEMENTS
SUBTITLE A--CONSUMER PROTECTION
SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT.
(a) In General.--Chapter 417 is amended by adding at the
end the following:
``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE
``Sec. 41781. Air carrier and airport contingency plans for
long on-board tarmac delays
``(a) Definition of Tarmac Delay.--The term `tarmac delay'
means the holding of an aircraft on the ground before taking
off or after landing with no opportunity for its passengers
to deplane.
``(b) Submission of Air Carrier and Airport Plans.--Not
later than 60 days after the date of the enactment of the FAA
Air Transportation Modernization and Safety Improvement Act,
each air carrier and airport operator shall submit, in
accordance with the requirements under this section, a
proposed contingency plan to the Secretary of Transportation
for review and approval.
``(c) Minimum Standards.--The Secretary of Transportation
shall establish minimum standards for elements in contingency
plans required to be submitted under this section to ensure
that such plans effectively address long on-board tarmac
delays and provide for the health and safety of passengers
and crew.
``(d) Air Carrier Plans.--The plan shall require each air
carrier to implement at a minimum the following:
``(1) Provision of essential services.--Each air carrier
shall provide for the essential needs of passengers on board
an aircraft at an airport in any case in which the departure
of a flight is delayed or disembarkation of passengers on an
arriving flight that has landed is substantially delayed,
including--
``(A) adequate food and potable water;
``(B) adequate restroom facilities;
``(C) cabin ventilation and comfortable cabin temperatures;
and
``(D) access to necessary medical treatment.
``(2) Right to deplane.--
``(A) In general.--Each air carrier shall submit a proposed
contingency plan to the Secretary of Transportation that
identifies a clear time frame under which passengers would be
permitted to deplane a delayed aircraft. After the Secretary
has reviewed and approved the proposed plan, the air carrier
shall make the plan available to the public.
``(B) Delays.--
``(i) In general.--As part of the plan, except as provided
under clause (iii), an air carrier shall provide passengers
with the option of deplaning and returning to the terminal at
which such deplaning could be safely completed, or deplaning
at the terminal if--
``(I) 3 hours have elapsed after passengers have boarded
the aircraft, the aircraft doors are closed, and the aircraft
has not departed; or
``(II) 3 hours have elapsed after the aircraft has landed
and the passengers on the aircraft have been unable to
deplane.
``(ii) Frequency.--The option described in clause (i) shall
be offered to passengers at a minimum not less often than
once during each successive 3-hour period that the plane
remains on the ground.
``(iii) Exceptions.--This subparagraph shall not apply if--
``(I) the pilot of such aircraft reasonably determines that
the aircraft will depart or be unloaded at the terminal not
later than 30 minutes after the 3 hour delay; or
``(II) the pilot of such aircraft reasonably determines
that permitting a passenger to deplane would jeopardize
passenger safety or security.
``(C) Application to diverted flights.--This section
applies to aircraft without regard to whether they have been
diverted to an airport other than the original destination.
``(D) Reports.--Not later than 30 days after any flight
experiences a tarmac delay lasting at least 3 hours, the air
carrier responsible for such flight shall submit a written
description of the incident and its resolution to the
Aviation Consumer Protection Office of the Department of
Transportation.
``(e) Airport Plans.--Each airport operator shall submit a
proposed contingency plan under subsection (b) that contains
a description of--
``(1) how the airport operator will provide for the
deplanement of passengers following a long tarmac delay; and
``(2) how, to the maximum extent practicable, the airport
operator will provide for the sharing of facilities and make
gates available at the airport for use by aircraft
experiencing such delays.
``(f) Updates.--The Secretary shall require periodic
reviews and updates of the plans as necessary.
``(g) Approval.--
``(1) In general.--Not later than 6 months after the date
of the enactment of this section, the Secretary of
Transportation shall--
``(A) review the initial contingency plans submitted under
subsection (b); and
``(B) approve plans that closely adhere to the standards
described in subsections (d) or (e), whichever is applicable.
``(2) Updates.--Not later than 60 days after the submission
of an update under subsection (f) or an initial contingency
plan by a new air carrier or airport, the Secretary shall--
``(A) review the plan; and
``(B) approve the plan if it closely adheres to the
standards described in subsections (d) or (e), whichever is
applicable.
``(h) Civil Penalties.--The Secretary may assess a civil
penalty under section 46301 against any air carrier or
airport operator that does not submit, obtain approval of, or
adhere to a contingency plan submitted under this section.
``(i) Public Access.--Each air carrier and airport operator
required to submit a contingency plan under this section
shall ensure public access to an approved plan under this
section by--
``(1) including the plan on the Internet Web site of the
carrier or airport; or
``(2) disseminating the plan by other means, as determined
by the Secretary.
``Sec. 41782. Air passenger complaints hotline and
information
``(a) Air Passenger Complaints Hotline Telephone Number.--
The Secretary of Transportation shall establish a consumer
complaints hotline telephone number for the use of air
passengers.
[[Page H2345]]
``(b) Public Notice.--The Secretary shall notify the public
of the telephone number established under subsection (a).
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this section, which sums shall remain available
until expended.''.
(b) Conforming Amendment.--The table of contents for
chapter 417 is amended by adding at the end the following:
``subchapter iv--airline customer service
``41781. Air carrier and airport contingency plans for long on-board
tarmac delays
``41782. Air passenger complaints hotline and information''.
SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND FLIGHT
DELAY HISTORY.
(a) In General.--Section 41722 is amended by adding at the
end the following:
``(f) Chronically Delayed Flights.--
``(1) Publication of list of flights.--Each air carrier
holding a certificate issued under section 41102 that
conducts scheduled passenger air transportation shall, on a
monthly basis--
``(A) publish and update on the Internet website of the air
carrier a list of chronically delayed flights operated by
such air carrier; and
``(B) share such list with each entity that is authorized
to book passenger air transportation for such air carrier for
inclusion on the Internet website of such entity.
``(2) Disclosure to customers when purchasing tickets.--For
each individual who books passenger air transportation on the
Internet website of an air carrier, or the Internet website
of an entity that is authorized to book passenger air
transportation for an air carrier, for any flight for which
data is reported to the Department of Transportation under
part 234 of title 14, Code of Federal Regulations, such air
carrier or entity, as the case may be, shall prominently
disclose to such individual, before such individual makes
such booking, the following:
``(A) The on-time performance for the flight if the flight
is a chronically delayed flight.
``(B) The cancellation rate for the flight if the flight is
a chronically canceled flight.
``(3) Definitions.--In this subsection:
``(A) Chronically delayed flight.--The term `chronically
delayed flight' means a regularly scheduled flight that has
failed to arrive on time (as such term is defined in section
234.2 of title 14, Code of Federal Regulations) at least 40
percent of the time during the most recent 3-month period for
which data is available.
``(B) Chronically canceled flight.--The term `chronically
canceled flight' means a regularly scheduled flight at least
30 percent of the departures of which have been canceled
during the most recent 3-month period for which data is
available.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of enactment of
this Act.
SEC. 403. 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 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 the
Congress when the President submits the budget of the United
States to the Congress under section 1105 of title 31, United
States Code.
SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION
CONSUMER PROTECTION.
(a) In General.--The Secretary of Transportation shall
establish an advisory committee for aviation consumer
protection to advise the Secretary in carrying out airline
customer service improvements, including those required by
subchapter IV of chapter 417 of title 49, United States Code.
(b) Membership.--The Secretary shall appoint members of the
advisory committee comprised of one representative each of--
(1) air carriers;
(2) airport operators;
(3) State or local governments who has expertise in
consumer protection matters; and
(4) a nonprofit public interest group who has expertise in
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--
(1) evaluating existing aviation consumer protection
programs and providing recommendations for the improvement of
such programs, if needed; and
(2) providing recommendations to establish additional
aviation consumer protection programs, if needed.
(g) Report.--Not later than February 1 of each of the first
2 calendar years beginning after the date of enactment of
this Act, the Secretary shall transmit to Congress a report
containing--
(1) the recommendations made by the advisory committee
during the preceding calendar year; and
(2) an explanation of how the Secretary has implemented
each recommendation and, for each recommendation not
implemented, the Secretary's reason for not implementing the
recommendation.
SEC. 405. DISCLOSURE OF PASSENGER FEES.
(a) In General.--Within 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
complete a rulemaking that requires each air carrier
operating in the United States under part 121 of title 49,
Code of Federal Regulations, to make available to the public
and to the Secretary a list of all passenger fees and charges
(other than airfare) that may be imposed by the air carrier,
including fees for--
(1) checked baggage or oversized or heavy baggage;
(2) meals, beverages, or other refreshments;
(3) seats in exit rows, seats with additional space, or
other preferred seats in any given class of travel;
(4) purchasing tickets from an airline ticket agent or a
travel agency; or
(5) any other good, service, or amenity provided by the air
carrier, as required by the Secretary.
(b) Publication; Updates.--In order to ensure that the fee
information required by subsection (a) is both current and
widely available to the travelling public, the Secretary--
(1) may require an air carrier to make such information on
any public website maintained by an air carrier, to make such
information available to travel agencies, and to notify
passengers of the availability of such information when
advertising airfares; and
(2) shall require air carriers to update the information as
necessary, but no less frequently than every 90 days unless
there has been no increase in the amount or type of fees
shown in the most recent publication.
SEC. 406. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR
TICKETS SOLD FOR AIR TRANSPORTATION.
Section 41712 is amended by adding at the end the
following:
``(c) Disclosure Requirement for Sellers of Tickets for
Flights.--
``(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for any ticket agent, air
carrier, foreign air carrier, or other person offering to
sell tickets for air transportation on a flight of an air
carrier to not disclose, whether verbally in oral
communication or in writing in written or electronic
communication, prior to the purchase of a ticket--
``(A) the name (including any business or corporate name)
of the air carrier providing the air transportation; and
``(B) if the flight has more than one flight segment, the
name of each air carrier providing the air transportation for
each such flight segment.
``(2) Internet offers.--In the case of an offer to sell
tickets described in paragraph (1) on an Internet Web site,
disclosure of the information required by paragraph (1) shall
be provided on the first display of the Web site following a
search of a requested itinerary in a format that is easily
visible to a viewer.''.
SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT TO THE SALE
OF AIRLINE TICKETS.
(a) In General.--The Office of Aviation Consumer Protection
and Enforcement of the Department of Transportation shall
establish rules to ensure that all consumers are able to
easily and fairly compare airfares and charges paid when
purchasing tickets for air transportation, including all
taxes and fees.
(b) Notice of Taxes and Fees Applicable to Tickets for Air
Transportation.--Section 41712, as amended by this Act, is
further amended by adding at the end the following:
``(d) Notice of Taxes and Fees Applicable to Tickets for
Air Transportation.--
``(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for an air carrier, foreign air
carrier, or ticket agent to sell a ticket for air
transportation on the Internet unless the air carrier,
foreign air carrier, or ticket agent, as the case may be--
``(A) displays information with respect to the taxes and
fees described in paragraph (2), including the amount and a
description of each such tax or fee, in reasonable proximity
to the price listed for the ticket; and
``(B) provides to the purchaser of the ticket information
with respect to the taxes and fees described in paragraph
(2), including the amount and a description of each such tax
or fee, before requiring the purchaser to provide any
personal information, including the name, address, phone
number, e-mail address, or credit card information of the
purchaser.
``(2) Taxes and fees described.--The taxes and fees
described in this paragraph are all taxes, fees, and charges
applicable to a ticket for air transportation, consisting
of--
``(A) all taxes, fees, charges, and surcharges included in
the price paid by a purchaser for the ticket, including fuel
surcharges and surcharges relating to peak or holiday travel;
and
``(B) any fees for baggage, seating assignments; and
[[Page H2346]]
``(C) operational services that are charged when the ticket
is purchased.''.
(c) Regulations.--The Secretary of Transportation, in
consultation with the Administrator of the Federal Aviation
Administration, shall prescribe such regulations as may be
necessary to carry out subsection (d) of section 41712 of
title 49, United States Code, as added by subsection (b) of
this section.
SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES
SEC. 411. EAS CONNECTIVITY PROGRAM.
Section 406(a) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 40101 note) is amended by
striking ``may'' and inserting ``shall''.
SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE
ADJUSTMENT ELIGIBILITY.
Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by
striking ``September 30, 2010.'' and inserting ``September
30, 2013.''.
SEC. 413. EAS CONTRACT GUIDELINES.
Section 41737(a)(1) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(B);
(2) by striking ``provided.'' in subparagraph (C) and
inserting ``provided;''; and
(3) by adding at the end the following:
``(D) include provisions under which the Secretary may
encourage carriers to improve air service to small and rural
communities by incorporating financial incentives in
essential air service contracts based on specified
performance goals; and
``(E) include provisions under which the Secretary may
execute long-term essential air service contracts to
encourage carriers to provide air service to small and rural
communities where it would be in the public interest to do
so.''.
SEC. 414. CONVERSION OF FORMER EAS AIRPORTS.
(a) In General.--Section 41745 is amended to read as
follows:
``Sec. 41745. Conversion of lost eligibility airports
``(a) In General.--The Secretary shall establish a program
to provide general aviation conversion funding for airports
serving eligible places that the Secretary has determined no
longer qualify for a subsidy.
``(b) Grants.--A grant under this section--
``(1) may not exceed twice the compensation paid to provide
essential air service to the airport in the fiscal year
preceeding the fiscal year in which the Secretary determines
that the place served by the airport is no longer an eligible
place; and
``(2) may be used--
``(A) for airport development (as defined in section
47102(3)) that will enhance general aviation capacity at the
airport;
``(B) to defray operating expenses, if such use is approved
by the Secretary; or
``(C) to develop innovative air service options, such as
on-demand or air taxi operations, if such use is approved by
the Secretary.
``(c) AIP Requirements.--An airport sponsor that uses funds
provided under this section for an airport development
project shall comply with the requirements of subchapter I of
chapter 471 applicable to airport development projects funded
under that subchapter with respect to the project funded
under this section.
``(d) Limitation.--The sponsor of an airport receiving
funding under this section is not eligible for funding under
section 41736.''.
(b) Clerical Amendment.--The table of sections for chapter
417 is amended by striking the item relating to section 41745
and inserting the following:
``417454. Conversion of lost eligibility airports.''.
SEC. 415. EAS REFORM.
Section 41742(a) is amended--
(1) by adding at the end of paragraph (1) ``Any amount in
excess of $50,000,000 credited for any fiscal year to the
account established under section 45303(c) shall be obligated
for programs under section 406 of the Vision 100--Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note) and
section 41745 of this title. Amounts appropriated pursuant to
this section shall remain available until expended.''; and
(2) by striking ``$77,000,000'' in paragraph (2) and
inserting ``$150,000,000''.
SEC. 416. SMALL COMMUNITY AIR SERVICE.
(a) Priorities.--Section 41743(c)(5) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(D);
(2) by striking ``fashion.'' in subparagraph (E) and
inserting ``fashion; and''; and
(3) by adding at the end the following:
``(F) multiple communities cooperate to submit a region or
multistate application to improve air service.''.
(b) Extension of Authorization.--Section 41743(e)(2) is
amended--
(1) by striking ``is appropriated'' and inserting ``are
appropriated''; and
(2) by striking ``2009'' and inserting ``2011''.
SEC. 417. EAS MARKETING.
The Secretary of Transportation shall require all
applications to provide service under subchapter II of
chapter 417 of title 49, United States Code, include a
marketing plan.
SEC. 418. RURAL AVIATION IMPROVEMENT.
(a) Communities Above Per Passenger Subsidy Cap.--
(1) In general.--Subchapter II of chapter 417 is amended by
adding at the end the following:
`` 41749. Essential air service for eligible places above
per passenger subsidy cap
``(a) Proposals.--A State or local government may submit a
proposal to the Secretary of Transportation for compensation
for an air carrier to provide air transportation to a place
described in subsection (b).
``(b) Place Described.--A place described in this
subsection is a place--
``(1) that is otherwise an eligible place; and
``(2) for which the per passenger subsidy exceeds the
dollar amount allowable under this subchapter.
``(c) Decisions.--Not later than 90 days after receiving a
proposal under subsection (a) for compensation for an air
carrier to provide air transportation to a place described in
subsection (b), the Secretary shall--
``(1) decide whether to provide compensation for the air
carrier to provide air transportation to the place; and
``(2) approve the proposal if the State or local government
or a person is willing and able to pay the difference
between--
``(A) the per passenger subsidy; and
``(B) the dollar amount allowable for such subsidy under
this subchapter.
``(d) Compensation Payments.--
``(1) In general.--The Secretary shall pay compensation
under this section at such time and in such manner as the
Secretary determines is appropriate.
``(2) Duration of payments.--The Secretary shall continue
to pay compensation under this section only as long as--
``(A) the State or local government or person agreeing to
pay compensation under subsection (c)(2) continues to pay
such compensation; and
``(B) the Secretary decides the compensation is necessary
to maintain air transportation to the place.
``(e) Review.--
``(1) In general.--The Secretary shall periodically review
the type and level of air service provided under this
section.
``(2) Consultation.--The Secretary may make appropriate
adjustments in the type and level of air service to a place
under this section based on the review under paragraph (1)
and consultation with the affected community and the State or
local government or person agreeing to pay compensation under
subsection (c)(2).
``(f) Ending, Suspending, and Reducing Air
Transportation.--An air carrier providing air transportation
to a place under this section may end, suspend, or reduce
such air transportation if, not later than 30 days before
ending, suspending, or reducing such air transportation, the
air carrier provides notice of the intent of the air carrier
to end, suspend, or reduce such air transportation to--
``(1) the Secretary;
``(2) the affected community; and
``(3) the State or local government or person agreeing to
pay compensation under subsection (c)(2).''.
(2) Clerical amendment.--The table of contents for chapter
417 is amended by adding after the item relating to section
41748 the following new item:
``41749. Essential air service for eligible places above per passenger
subsidy cap''.
(b) Preferred Essential Air Service.--
(1) In general.--Subchapter II of chapter 417, as amended
by subsection (a), is further amended by adding after section
41749 the following:
`` 41750. Preferred essential air service
``(a) Proposals.--A State or local government may submit a
proposal to the Secretary of Transportation for compensation
for a preferred air carrier described in subsection (b) to
provide air transportation to an eligible place.
``(b) Preferred Air Carrier Described.--A preferred air
carrier described in this subsection is an air carrier that--
``(1) submits an application under section 41733(c) to
provide air transportation to an eligible place;
``(2) is not the air carrier that submits the lowest cost
bid to provide air transportation to the eligible place; and
``(3) is an air carrier that the affected community prefers
to provide air transportation to the eligible place instead
of the air carrier that submits the lowest cost bid.
``(c) Decisions.--Not later than 90 days after receiving a
proposal under subsection (a) for compensation for a
preferred air carrier described in subsection (b) to provide
air transportation to an eligible place, the Secretary
shall--
``(1) decide whether to provide compensation for the
preferred air carrier to provide air transportation to the
eligible place; and
``(2) approve the proposal if the State or local government
or a person is willing and able to pay the difference
between--
``(A) the rate of compensation the Secretary would provide
to the air carrier that submits the lowest cost bid to
provide air transportation to the eligible place; and
``(B) the rate of compensation the preferred air carrier
estimates to be necessary to provide air transportation to
the eligible place.
``(d) Compensation Payments.--
``(1) In general.--The Secretary shall pay compensation
under this section at such time and in such manner as the
Secretary determines is appropriate.
``(2) Duration of payments.--The Secretary shall continue
to pay compensation under this section only as long as--
``(A) the State or local government or person agreeing to
pay compensation under subsection (c)(2) continues to pay
such compensation; and
``(B) the Secretary decides the compensation is necessary
to maintain air transportation to the eligible place.
``(e) Review.--
``(1) In general.--The Secretary shall periodically review
the type and level of air service provided under this
section.
``(2) Consultation.--The Secretary may make appropriate
adjustments in the type and level of air service to an
eligible place under this section based on the review under
paragraph (1) and consultation with the affected community
and the State or local government or person agreeing to pay
compensation under subsection (c)(2).
``(f) Ending, Suspending, and Reducing Air
Transportation.--A preferred air carrier providing air
transportation to an eligible place
[[Page H2347]]
under this section may end, suspend, or reduce such air
transportation if, not later than 30 days before ending,
suspending, or reducing such air transportation, the
preferred air carrier provides notice of the intent of the
preferred air carrier to end, suspend, or reduce such air
transportation to--
``(1) the Secretary;
``(2) the affected community; and
``(3) the State or local government or person agreeing to
pay compensation under subsection (c)(2).''.
(2) Clerical amendment.--The table of contents for chapter
417, as amended by subsection (a), is further amended by
adding after the item relating to section 41749 the following
new item:
``41750. Preferred essential air service''.
(c) Restoration of Eligibility to a Place Determined by the
Secretary To Be Ineligible for Subsidized Essential Air
Service.--Section 41733 is amended by adding at the end the
following:
``(f) Restoration of Eligibility for Subsidized Essential
Air Service.--
``(1) In general.--If the Secretary of Transportation
terminates the eligibility of an otherwise eligible place to
receive basic essential air service by an air carrier for
compensation under subsection (c), a State or local
government may submit to the Secretary a proposal for
restoring such eligibility.
``(2) Determination by secretary.--If the per passenger
subsidy required by the proposal submitted by a State or
local government under paragraph (1) does not exceed the per
passenger subsidy cap provided under this subchapter, 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).''.
(d) Office of Rural Aviation.--
(1) Establishment.--There is established within the Office
of the Secretary of Transportation the Office of Rural
Aviation.
(e) Functions.--The functions of the Office are--
(1) to develop a uniform 4-year contract for air carriers
providing essential air service to communities under
subchapter II of chapter 417 of title 49, United States Code;
(2) to develop a mechanism for comparing applications
submitted by air carriers under section 41733(c) to provide
essential air service to communities, including comparing--
(A) estimates from air carriers on--
(i) the cost of providing essential air service; and
(ii) the revenues air carriers expect to receive when
providing essential air service; and
(B) estimated schedules for air transportation; and
(3) to select an air carrier from among air carriers
applying to provide essential air service, based on the
criteria described in paragraph (2).
(f) Extension of Authority To Make Agreements under the
Essential Air Service Program.--Section 41743(e)(2) is
amended by striking ``2009'' and inserting ``2011''.
(g) Adjustments To Compensation for Significantly Increased
Costs.--Section 41737 is amended by adding at the end thereof
the following:
``(f) Fuel Cost Subsidy Disregard.--Any amount provided as
an adjustment in compensation pursuant to subsection
(a)(1)(D) shall be disregarded for the purpose of determining
whether the amount of compensation provided under this
subchapter with respect to an eligible place exceeds the per
passenger subsidy exceeds the dollar amount allowable under
this subchapter.''.
SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION
PROGRAM.
(a) In General.--Subchapter II of chapter 417 of title 49,
United States Code, is amended by striking section 41747, and
such title 49 shall be applied as if such section 41747 had
not been enacted.
(b) Clerical Amendment.--The table of sections for chapter
417 of title 49, United States Code, is amended by striking
the item relating to section 41747.
SUBTITLE C--MISCELLANEOUS
SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES.
(a) In General.--Section 47129 is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 47129. Resolution of airport-air carrier and foreign
air carrier disputes concerning airport fees''
;
(2) by inserting ``and Foreign Air Carrier'' after
``Carrier'' in the heading for subsection (d);
(3) by inserting ``and foreign air carrier'' after
``Carrier'' in the heading for subsection (d)(2);
(4) by striking ``air carrier'' each place it appears and
inserting ``air carrier or foreign air carrier'';
(5) by striking ``air carrier's'' each place it appears and
inserting ``air carrier's or foreign air carrier's'';
(6) by striking ``air carriers'' and inserting ``air
carriers or foreign air carriers''; and
(7) by striking ``(as defined in section 40102 of this
title)'' in subsection (a) and inserting ``(as those terms
are defined in section 40102 of this title)''.
(b) Conforming Amendment.--The table of contents for
chapter 471 is amended by striking the item relating to
section 47129 and inserting the following:
``47129. Resolution of airport-air carrier and foreign air carrier
disputes concerning airport fees''.
SEC. 432. CONTRACT TOWER PROGRAM.
(a) Cost-Benefit Requirement.--Section 47124(b)(1) is
amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B) If the Secretary determines that a tower already
operating under this program has a benefit to cost ratio of
less than 1.0, the airport sponsor or State or local
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) If the Secretary finds that all or part of an amount
made available to carry out the program continued under this
paragraph is not required during a fiscal year, the Secretary
may use during such fiscal year the amount not so required to
carry out the program established under paragraph (3) of this
section.''.
(b) Costs Exceeding Benefits.--Subparagraph (D) of section
47124(b)(3) is amended--
(1) by striking ``benefit.'' and inserting ``benefit, with
the maximum allowable local cost share for FAA Part 139
certified airports capped at 20 percent for those airports
with fewer than 50,000 annual passenger enplanements.''.
(c) Funding.--Subparagraph (E) of section 47124(b)(3) is
amended--
(1) by striking ``and'' after ``2006,''; and
(2) by striking ``2007'' and inserting ``2007, $9,500,000
for fiscal year 2010, and $10,000,000 for fiscal year 2011''
after ``2007,''; and
(3) by inserting after ``paragraph.'' the following: ``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 subsection (b)(1) of
this section.''.
(d) Federal Share.--Subparagraph (C) of section 47124(b)(4)
is amended by striking ``$1,500,000.'' and inserting
``$2,000,000.''.
(e) Safety Audits.--Section 41724 is amended by adding at
the end the following:
``(c) Safety Audits.--The Secretary shall establish
uniform standards and requirements for safety assessments of
air traffic control towers that receive funding under this
section in accordance with the Administration's safety
management system.''.
SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED FORCES.
(a) Findings.--The Congress finds that--
(1) the Armed Forces is comprised of approximately
1,450,000 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;
(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
(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 (including baggage fees),
ancillary costs, or penalties.
SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN THE LAS
VEGAS MCCARRAN INTERNATIONAL AIRPORT ENVIRONS
OVERLAY DISTRICT FOR TRANSIENT LODGING AND
ASSOCIATED FACILITIES.
(a) In General.--Notwithstanding any other provision of law
and except as provided in subsection (b), Clark County,
Nevada, is authorized to permit transient lodging, including
hotels, and associated facilities, including enclosed
auditoriums, concert halls, sports arenas, and places of
public assembly, on lands in the Las Vegas McCarran
International Airport Environs Overlay District that fall
below the forecasted 2017 65 dB day-night annual average
noise level (DNL), as identified in the Noise Exposure Map
Notice published by the Federal Aviation Administration in
the Federal Register on July 24, 2007 (72 Fed. Reg. 40357),
and adopted into the Clark County Development Code in June
2008.
(b) Limitation.--No structure may be permitted under
subsection (a) that would constitute a hazard to air
navigation, result in an increase to minimum flight
altitudes, or otherwise pose a significant adverse impact on
airport or aircraft operations.
TITLE V--SAFETY
SUBTITLE A--AVIATION SAFETY
SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN.
Not later than December 31, 2009, the Administrator of the
Federal Aviation Administration shall issue a plan to develop
an installation and deployment schedule for systems the
Administration is installing to alert controllers and flight
crews to potential runway incursions. The plan shall be
integrated into the annual Federal Aviation Administration
NextGen Implementation Plan.
SEC. 502. 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 substantially affected by
an order of the Board under this
[[Page H2348]]
subsection, or the Administrator when the Administrator
decides that an order of the Board will have a significant
adverse impact on carrying out this part, may obtain judicial
review of the order under section 46110 of this title. The
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. 503. RELEASE OF DATA RELATING TO ABANDONED TYPE
CERTIFICATES AND SUPPLEMENTAL TYPE
CERTIFICATES.
Section 44704(a) is amended by adding at the end the
following:
``(5) Release of data.--
``(A) Notwithstanding any other provision of law, the
Administrator may designate, without the consent of the owner
of record, engineering data in the agency's possession
related to a type certificate or a supplemental type
certificate for an aircraft, engine, propeller or appliance
as public data, and therefore releasable, upon request, to a
person seeking to maintain the airworthiness of such product,
if the Administrator determines that--
``(i) the certificate containing the requested data has
been inactive for 3 years;
``(ii) the owner of record, or the owner of record's heir,
of the type certificate or supplemental certificate has not
been located despite a search of due diligence by the agency;
and
``(iii) the designation of such data as public data will
enhance aviation safety.
``(B) In this section, the term `engineering data' means
type design drawings and specifications for the entire
product or change to the product, including the original
design data, and any associated supplier data for individual
parts or components approved as part of the particular
aeronautical product certificate.''.
SEC. 504. DESIGN ORGANIZATION CERTIFICATES.
Section 44704(e) is amended--
(1) by striking ``Beginning 7 years after the date of
enactment of this subsection,'' in paragraph (1) and
inserting ``Effective January 1, 2013,'';
(2) by striking ``testing'' in paragraph (2) and inserting
``production''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Issuance of certificate based on design organization
certification.--The Administrator may rely on the Design
Organization for certification of compliance under this
section.''.
SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR DATABASE
SYSTEMS.
(a) In General.--Chapter 401 is amended by adding at the
end thereof the following:
``Sec. 40130. FAA access to criminal history records or
databases systems
``(a) Access to Records or Databases Systems.--
``(1) Notwithstanding section 534 of title 28 and the
implementing regulations for such section (28 C.F.R. part
20), the Administrator of the Federal Aviation Administration
is authorized to access a system of documented criminal
justice information maintained by the Department of Justice
or by a State but may do so only for the purpose of carrying
out its civil and administrative responsibilities to protect
the safety and security of the National Airspace System or to
support the missions of the Department of Justice, the
Department of Homeland Security, and other law enforcement
agencies. The Administrator shall be subject to the same
conditions or procedures established by the Department of
Justice or State for access to such an information system by
other governmental agencies with access to the system.
``(2) The Administrator may not use the access authorized
under paragraph (1) to conduct criminal investigations.
``(b) Designated Employees.--The Administrator shall, by
order, designate those employees of the Administration who
shall carry out the authority described in subsection (a).
Such 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 of any jurisdiction in a State in the same manner as a
police officer employed by a State or local authority of that
State who is 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, or 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
databases, systems, or communications containing information
concerning identification, criminal history, arrests,
convictions, arrest warrants, or wanted or missing persons,
including the National Crime Information Center and its
incorporated criminal history databases and the National Law
Enforcement Telecommunications System.''.
(b) Conforming Amendment.--The table of contents for
chapter 401 is amended by inserting after the item relating
to section 40129 the following:
``40130. FAA access to criminal history records or databases systems''.
SEC. 506. PILOT FATIGUE.
(a) Flight and Duty Time Regulations.--
(1) In general.--In accordance with paragraph (2), the
Administrator of the Federal Aviation Administration shall
issue regulations, based on the best available scientific
information--
(A) to specify limitations on the hours of flight and duty
time allowed for pilots to address problems relating to pilot
fatigue; and
(B) to require part 121 air carriers to develop and
implement fatigue risk management plans.
(2) Deadlines.--The Administrator shall issue--
(A) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under paragraph
(1); and
(B) not later than one year after the date of enactment of
this Act, a final rule under paragraph (1).
(b) Fatigue Risk Management Plan.--
(1) Submission of fatigue risk management plan by part 121
air carriers.--Not later than 90 days after the date of
enactment of this Act, each part 121 air carrier shall submit
to the Administrator for review and approval a fatigue risk
management plan.
(2) Contents of plan.--A fatigue risk management plan
submitted by a part 121 air carrier under paragraph (1) shall
include the following:
(A) Current flight time and duty period limitations.
(B) A rest scheme that enables the management of fatigue,
including annual training to increase awareness of--
(i) fatigue;
(ii) the effects of fatigue on pilots; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that continually
assesses the effectiveness of the program, including the
ability of the program--
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) Plan updates.--A part 121 air carrier shall update its
fatigue risk management plan under paragraph (1) every 2
years and submit the update to the Administrator for review
and approval.
(4) Approval.--
(A) Initial approval or modification.--Not later than 9
months after the date of enactment of this Act, the
Administrator shall review and approve or require
modification to fatigue risk management plans submitted under
this subsection to ensure that pilots are not operating
aircraft while fatigued.
(B) Update approval or modification.--Not later than 9
months after submission of a plan update under paragraph (3),
the Administrator shall review and approve or require
modification to such update.
(5) Civil penalties.--A violation of this subsection by a
part 121 air carrier shall be treated as a violation of
chapter 447 of title 49, United States Code, for purposes of
the application of civil penalties under chapter 463 of that
title.
(6) Limitation on applicability.--The requirements of this
subsection shall cease to apply to a part 121 air carrier on
and after the effective date of the regulations to be issued
under subsection (a).
(c) Effect of Commuting on Fatigue.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall enter into
appropriate arrangements with the National Academy of
Sciences to conduct a study of the effects of commuting on
pilot fatigue and report its findings to the Administrator.
(2) Study.--In conducting the study, the National Academy
of Sciences shall consider--
(A) the prevalence of pilot commuting in the commercial air
carrier industry, including the number and percentage of
pilots who commute;
(B) information relating to commuting by pilots, including
distances traveled, time zones crossed, time spent, and
methods used;
(C) research on the impact of commuting on pilot fatigue,
sleep, and circadian rhythms;
(D) commuting policies of commercial air carriers
(including passenger and all-cargo air carriers), including
pilot check-in requirements and sick leave and fatigue
policies;
(E) post-conference materials from the Federal Aviation
Administration's June 2008 symposium entitled ``Aviation
Fatigue Management Symposium: Partnerships for Solutions'';
(F) Federal Aviation Administration and international
policies and guidance regarding commuting; and
(G) any other matters as the Administrator considers
appropriate.
(3) Preliminary findings.--Not later than 90 days after the
date of entering into arrangements under paragraph (1), the
National Academy of Sciences shall submit to the
Administrator its preliminary findings under the study.
(4) Report.--Not later than 6 months after the date of
entering into arrangements under paragraph (1), the National
Academy of Sciences shall submit a report to the
Administrator containing its findings under the study and any
recommendations for regulatory or administrative actions by
the Federal Aviation Administration concerning commuting by
pilots.
(5) Rulemaking.--Following receipt of the report of the
National Academy of Sciences under paragraph (4), the
Administrator shall--
(A) consider the findings and recommendations in the
report; and
(B) update, as appropriate based on scientific data,
regulations required by subsection (a) on flight and duty
time.
SEC. 507. INCREASING SAFETY FOR HELICOPTER AND FIXED WING
EMERGENCY MEDICAL SERVICE OPERATORS AND
PATIENTS.
(a) Compliance Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the
[[Page H2349]]
date of enactment of this Act, helicopter and fixed wing
aircraft certificate holders providing emergency medical
services shall comply with part 135 of title 14, Code of
Federal Regulations, if there is a medical crew on board,
without regard to whether there are patients on board.
(2) Exception.--If a certificate holder described in
paragraph (1) is operating under instrument flight rules or
is carrying out training therefor--
(A) the weather minimums and duty and rest time regulations
under such part 135 of such title shall apply; and
(B) the weather reporting requirement at the destination
shall not apply until such time as the Administrator of the
Federal Aviation Administration determines that portable,
reliable, and accurate ground-based weather measuring and
reporting systems are available.
(b) Implementation of Flight Risk Evaluation Program.--
(1) Initiation.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking--
(A) to create a standardized checklist of risk evaluation
factors based on Notice 8000.301, which was issued by the
Administration on August 1, 2005; and
(B) to require helicopter and fixed wing aircraft emergency
medical service operators to use the checklist created under
subparagraph (A) to determine whether a mission should be
accepted.
(2) Completion.--The rulemaking initiated under paragraph
(1) shall be completed not later than 18 months after it is
initiated.
(c) Comprehensive Consistent Flight Dispatch Procedures.--
(1) Initiation.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking--
(A) to require that helicopter and fixed wing emergency
medical service operators formalize and implement performance
based flight dispatch and flight-following procedures; and
(B) to develop a method to assess and ensure that such
operators comply with the requirements described in
subparagraph (A).
(2) Completion.--The rulemaking initiated under paragraph
(1) shall be completed not later than 18 months after it is
initiated.
(d) Improving Situational Awareness.--Within 1 year after
the date of enactment of this Act, any helicopter or fixed-
wing aircraft used for emergency medical service shall have
on board a device that performs the function of a terrain
awareness and warning system and a means of displaying that
information that meets the requirements of the applicable
Federal Aviation Administration Technical Standard Order or
other guidance prescribed by the Administrator.
(e) Improving the Data Available on Air Medical
Operations.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall require each certificate holder for
helicopters and fixed-wing aircraft used for emergency
medical service operations to report not later than 1 year
after the date of enactment of this Act and annually
thereafter on--
(A) the number of aircraft and helicopters used to provide
air ambulance services, the registration number of each of
these aircraft or helicopters, and the base location of each
of these aircraft or helicopters;
(B) the number of flights and hours flown by each such
aircraft or helicopter used by the certificate holder to
provide such services during the reporting period;
(C) the number of flights and the purpose of each flight
for each aircraft or helicopter used by the certificate
holder to provide such services during the reporting period;
(D) 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);
(E) the number of accidents involving helicopters operated
by the certificate holder while providing helicopter air
ambulance services and a description of the accidents;
(F) the number of flights and hours flown under instrument
flight rules by helicopters operated by the certificate
holder while providing helicopter air ambulance services;
(G) the time of day of each flight flown by helicopters
operated by the certificate holder while providing helicopter
air ambulance services; and
(H) The number of incidents where more helicopters arrive
to transport patients than is needed in a flight request or
scene response.
(2) Report to Congress.--The Administrator of the Federal
Aviation Administration shall report to Congress on the
information received pursuant to paragraph (1) of this
subsection no later than 18 months after the date of
enactment of this Act.
(f) Improving the Data Available to NTSB Investigators at
Crash Sites.--
(1) Study.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a report that indicates
the availability, survivability, size, weight, and cost of
devices that perform the function of recording voice
communications and flight data information on existing and
new helicopters and existing and new fixed wing aircraft used
for emergency medical service operations.
(2) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue regulations that require
devices that perform the function of recording voice
communications and flight data information on board aircraft
described in paragraph (1).
SEC. 508. CABIN CREW COMMUNICATION.
(a) In General.--Section 44728 is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Minimum Language Skills.--
``(1) In general.--No certificate holder may use any person
to serve, nor may any person serve, as a flight attendant
under this part, unless that person has demonstrated to an
individual qualified to determine proficiency the ability to
read, speak, and write English well enough to--
``(A) read material written in English and comprehend the
information;
``(B) speak and understand English sufficiently to provide
direction to, and understand and answer questions from,
English-speaking individuals;
``(C) write incident reports and statements and log entries
and statements; and
``(D) carry out written and oral instructions regarding the
proper performance of their duties.
``(2) Foreign flights.--The requirements of paragraph (1)
do not apply to service as a flight attendant serving solely
between points outside the United States.''.
(b) Administration.--The Administrator of the Federal
Aviation Administration shall work with certificate holders
to which section 44728(f) of title 49, United States Code,
applies to facilitate compliance with the requirements of
section 44728(f)(1) of that title.
SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDERSTANDING WITH
OSHA.
(a) In General.--Within 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall--
(1) establish milestones, in consultation with the
Occupational Safety and Health Administration, through a
report to Congress for the completion of work begun under the
August 2000 memorandum of understanding between the 2
Administrations and to address issues needing further action
in the Administrations' joint report in December 2000; and
(2) initiate development of a policy statement to set forth
the circumstances in which Occupational Safety and Health
Administration requirements may be applied to crewmembers
while working in the aircraft.
(b) Policy Statement.--The policy statement to be developed
under subsection (a)(2) shall be completed within 18 months
after the date of enactment of this Act and shall satisfy the
following principles:
(1) The establishment of a coordinating body similar to the
Aviation Safety and Health Joint Team established by the
August 2000 memorandum of understanding that includes
representatives designated by both Administrations--
(A) to examine the applicability of current and future
Occupational Safety and Health Administration regulations;
(B) to recommend policies for facilitating the training of
Federal Aviation Administration inspectors; and
(C) to make recommendations that will govern the inspection
and enforcement of safety and health standards on board
aircraft in operation and all work-related environments.
(2) Any standards adopted by the Federal Aviation
Administration shall set forth clearly--
(A) the circumstances under which an employer is required
to take action to address occupational safety and health
hazards;
(B) the measures required of an employer under the
standard; and
(C) the compliance obligations of an employer under the
standard.
SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLEMENTATION OF
REQUIRED NAVIGATION PERFORMANCE APPROACH
PROCEDURES.
(a) In General.--
(1) Annual minimum required navigation performance
procedures.--The Administrator shall set a target of
achieving a minimum of 200 Required Navigation Performance
procedures each fiscal year through fiscal year 2012, with 25
percent of that target number meeting the low visibility
approach criteria consistent with the NextGen Implementation
Plan.
(2) Use of third parties.--The Administrator is authorized
to provide third parties the ability to design, flight check,
and implement Required Navigation Performance approach
procedures.
(b) DOT Inspector General Review of Operational and
Approach Procedures by a Third Party.--
(1) Review.--The Inspector General of the Department of
Transportation shall conduct a review regarding the
effectiveness of the oversight activities conducted by the
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.
(2) Assessments.--The Inspector General shall include, at a
minimum, in the review--
(A) an assessment of the extent to which the 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
(B) 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 H2350]]
(c) Report.--No later than 1 year after the date of
enactment of this Act, the Inspector General shall submit to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure a report on the results of the review
conducted under this section.
SEC. 511. IMPROVED SAFETY INFORMATION.
Not later than December 31, 2009, the Administrator of the
Federal Aviation Administration shall issue a final rule in
docket No. FAA-2008-0188, Re-registration and Renewal of
Aircraft Registration. The final rule shall include--
(1) provision for the expiration of a certificate for an
aircraft registered as of the date of enactment of this Act,
with re-registration requirements for those aircraft that
remain eligible for registration;
(2) provision for the periodic expiration of all
certificates issued after the effective date of the rule with
a registration renewal process; and
(3) other measures to promote the accuracy and efficient
operation and value of the Administration's aircraft
registry.
SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS
IMPROVEMENTS.
(a) In General.--Within 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall--
(1) take such action as may be necessary to ensure that the
Voluntary Disclosure Reporting Process requires inspectors--
(A) to evaluate corrective action proposed by an air
carrier with respect to a matter disclosed by that air
carrier is sufficiently comprehensive in scope and
application and applies to all affected aircraft operated by
that air carrier before accepting the proposed voluntary
disclosure;
(B) to verify that corrective action so identified by an
air carrier is completed within the timeframe proposed; and
(C) to verify by inspection that the carrier's corrective
action adequately corrects the problem that was disclosed;
and
(2) establish a second level supervisory review of
disclosures under the Voluntary Disclosure Reporting Process
before any proposed disclosure is accepted and closed that
will ensure that a matter disclosed by an air carrier--
(A) has not been previously identified by a Federal
Aviation Administration inspector; and
(B) has not been previously disclosed by the carrier in the
preceding 5 years.
(b) 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 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 aware of violations that it would not
have discovered if there was not a program, and if a
violation is disclosed voluntarily, whether the
Administration insists on stronger corrective actions than
would have occurred if the regulated entity knew of a
violation, but the Administration did not;
(C) the information the Administration 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
Administration 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 a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the results of the study
conducted under this subsection.
SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPECTIONS.
(a) In General.--Section 44711 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 if the individual,
in the preceding 3-year period--
``(A) served as, or was responsible for oversight of, a
flight standards inspector of the Administration; 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 Federal Aviation Administration if the
individual makes any written or oral communication on behalf
of the certificate holder to the Administration (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 Administration.''.
(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. 514. INDEPENDENT REVIEW OF SAFETY ISSUES.
Within 30 days after the date of enactment of this Act, the
Comptroller General shall initiate a review and investigation
of air safety issues identified by Federal Aviation
Administration employees and reported to the Administrator.
The Comptroller General shall report the Government
Accountability Office's findings and recommendations to the
Administrator, the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure on an annual basis.
SEC. 515. NATIONAL REVIEW TEAM.
(a) In General.--Within 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a national review
team within the Administration to conduct periodic,
unannounced, and random reviews of the Administration's
oversight of air carriers and report annually its findings
and recommendations to the Administrator, the Senate
Commerce, Science, and Transportation Committee, and the
House of Representatives Committee on Transportation and
Infrastructure.
(b) Limitation.--The Administrator shall prohibit a member
of the National Review Team from participating in any review
or audit of an air carrier under subsection (a) if the member
has previously had responsibility for inspecting, or
overseeing the inspection of, the operations of that air
carrier.
(c) Inspector General Reports.--The Inspector General of
the Department of Transportation shall provide progress
reports to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the review teams and
their effectiveness.
SEC. 516. FAA ACADEMY IMPROVEMENTS.
(a) Review.--Within 1 year after the date of enactment of
this Act, the Administrator of the Federal Aviation
Administration shall conduct a comprehensive review and
evaluation of its Academy and facility training efforts.
(b) Facility Training Program.--The Administrator shall--
(1) clarify responsibility for oversight and direction of
the Academy's facility training program at the national
level;
(2) communicate information concerning that responsibility
to facility managers; and
(3) establish standards to identify the number of
developmental controllers that can be accommodated at each
facility, based on--
(A) the number of available on-the-job-training
instructors;
(B) available classroom space;
(C) the number of available simulators;
(D) training requirements; and
(E) the number of recently placed new personnel already in
training.
SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPERATIONAL
ERRORS.
(a) Plan.--The Administrator of the Federal Aviation
Administration shall develop a plan for the reduction of
runway incursions by reviewing every commercial service
airport (as defined in section 47102 of title 49, United
States Code) in the United States and initiating action to
improve airport lighting, provide better signage, and improve
runway and taxiway markings.
(b) Process.--Within 1 year after the date of enactment of
this Act, the Administrator of the Federal Aviation
Administration shall develop a process for tracking and
investigating operational errors and runway incursions that
includes--
(1) identifying the office responsible for establishing
regulations regarding operational errors and runway
incursions;
(2) identifying who is responsible for tracking and
investigating operational errors and runway incursions and
taking remedial actions;
(3) identifying who is responsible for tracking operational
errors and runway incursions, including a process for lower
level employees to report to higher supervisory levels; and
(4) periodic random audits of the oversight process.
SEC. 518. 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
Administration an Aviation Safety Whistleblower Investigation
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
Administration concerning the possible existence of an
activity relating to a violation of an order, regulation, or
standard of the Administration 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
[[Page H2351]]
an order, regulation, or standard of the Administration 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
Administration 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.
``(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 Administration 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 Administration 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. 519. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.
(a) 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 Administration--
(1) to remove any reference to air carriers or other
entities regulated by the Administration as ``customers'';
(2) to clarify that in regulating safety the only customers
of the Administration are members of the traveling public;
and
(3) to clarify that air carriers and other entities
regulated by the Administration do not have the right to
select the employees of the Administration who will inspect
their operations.
(b) 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 Administration with an employee of the Administration.
SEC. 520. 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
Administration 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 a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure 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. 521. INSPECTION OF FOREIGN REPAIR STATIONS.
(a) In General.--Chapter 447 is amended by adding at the
end the following:
`` 44730. Inspection of foreign repair stations
``(a) In General.--Within 1 year after the date of
enactment of the FAA Air Transportation Modernization and
Safety Improvement Act the Administrator of the Federal
Aviation Administration shall establish and implement a
safety assessment system for all part 145 repair stations
based on the type, scope, and complexity of work being
performed. The system shall--
``(1) ensure that repair stations outside the United States
are subject to appropriate inspections based on identified
risk and consistent with existing United States requirements;
``(2) consider inspection results and findings submitted by
foreign civil aviation authorities operating under a
maintenance safety or maintenance implementation agreement
with the United States in meeting the requirements of the
safety assessment system; and
``(3) require all maintenance safety or maintenance
implementation agreements to provide an opportunity for the
Federal Aviation Administration to conduct independent
inspections of covered part 145 repair stations when safety
concerns warrant such inspections.
``(b) Notice to Congress of Negotiations.--The
Administrator shall notify the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure within 30 days
after initiating formal negotiations with foreign aviation
authorities or other appropriate foreign government agencies
on a new maintenance safety or maintenance implementation
agreement.
``(c) Annual Report.--The Administrator shall publish an
annual report on the Federal Aviation Administration's
oversight of part 145 repair stations and implementation of
the safety assessment system required by subsection (a). The
report shall--
``(1) describe in detail any improvements in the Federal
Aviation Administration's ability to identify and track where
part 121 air carrier repair work is performed;
``(2) include a staffing model to determine the best
placement of inspectors and the number of inspectors needed;
``(3) describe the training provided to inspectors; and
``(4) include an assessment of the quality of monitoring
and surveillance by the Federal Aviation Administration of
work provided by its inspectors and the inspectors of foreign
authorities operating under a maintenance safety or
implementation agreement.
``(d) Alcohol and Controlled Substance Testing Program
Requirements.--
``(1) In general.--The Secretaries of State and
Transportation jointly shall request the governments of
foreign countries that are members of the International Civil
Aviation Organization to establish international standards
for alcohol and controlled substances testing of persons that
perform safety sensitive maintenance functions upon
commercial air carrier aircraft.
``(2) Application to part 121 aircraft work.--Within 1 year
after the date of enactment of the FAA Air Transportation
Modernization and Safety Improvement Act the Administrator
shall promulgate a proposed rule requiring that all part 145
repair station employees responsible for safety-sensitive
functions on part 121 air carrier aircraft are subject to an
alcohol and controlled substance testing program determined
acceptable by the Administrator and consistent with the
applicable laws of the country in which the repair station is
located.
``(e) Biannual Inspections.--The Administrator shall
require part 145 repair stations to be inspected twice each
year by Federal Aviation Administration safety inspectors,
regardless of where the station is located, in a manner
consistent with United States obligations under international
agreements.
``(f) Definitions.--In this section:
``(1) 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.
``(2) 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.''.
(b) Conforming Amendment.--The table of contents for
chapter 447 is amended by adding at the end thereof the
following:
``44730. Inspection of foreign repair stations''.
SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS.
(a) 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.--No
individual may perform covered maintenance work on aircraft
used to provide air transportation under part 121 of title
14, Code of Federal Regulations unless that individual is
employed by--
(1) a part 121 air carrier;
(2) a part 145 repair station or a person authorized under
section 43.17 of title 14, Code of Federal Regulations;
(3) a person that provides contract maintenance workers or
services to a part 145 repair station or part 121 air
carrier, and the individual--
[[Page H2352]]
(A) meets the requirements of the part 121 air carrier or
the part 145 repair station;
(B) performs the work under the direct supervision and
control of the part 121 air carrier or the part 145 repair
station directly in charge of the maintenance services; and
(C) carries out the work in accordance with the part 121
air carrier's maintenance manual;
(4) by the holder of a type certificate, production
certificate, or other production approval issued under part
21 of title 14, Code of Federal Regulations, and the holder
of such certificate or approval--
(A) originally produced, and continues to produce, the
article upon which the work is to be performed; and
(B) is acting in conjunction with a part 121 air carrier or
a part 145 repair station.
(d) Definitions.--In this section:
(1) Covered maintenance work.--The term ``covered
maintenance work'' means maintenance work that is essential
maintenance, regularly scheduled maintenance, or a required
inspection item, as determined by the Administrator.
(2) Part 121 air carrier.--The term ``part 121 air
carrier'' has the meaning given that term in section
44730(f)(1) of title 49, United States Code.
(3) Part 145 repair station.--The term ``part 145 repair
station'' has the meaning given that term in section
44730(f)(2) of title 49, United States Code.
SUBTITLE B--FLIGHT SAFETY
SEC. 551. FAA PILOT RECORDS DATABASE.
(a) Records of Employment of Pilot Applicants.--Section
44703(h) is amended by adding at the end the following:
``(16) Applicability.--This subsection shall cease to be
effective on the date specified in regulations issued under
subsection (i).''.
(b) Establishment of FAA Pilot Records Database.--Section
44703 is amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following:
``(i) FAA Pilot Records Database.--
``(1) In general.--Before allowing an individual to begin
service as a pilot, an air carrier shall access and evaluate,
in accordance with the requirements of this subsection,
information pertaining to the individual from the pilot
records database established under paragraph (2).
``(2) Pilot records database.--The Administrator shall
establish an electronic database (in this subsection referred
to as the `database') containing the following records:
``(A) FAA records.--From the Administrator--
``(i) records that are maintained by the Administrator
concerning current airman certificates, including airman
medical certificates and associated type ratings and
information on any limitations to those certificates and
ratings;
``(ii) records that are maintained by the Administrator
concerning any failed attempt of an individual to pass a
practical test required to obtain a certificate or type
rating under part 61 of title 14, Code of Federal
Regulations; and
``(iii) summaries of legal enforcement actions resulting in
a finding by the Administrator of a violation of this title
or a regulation prescribed or order issued under this title
that was not subsequently overturned.
``(B) Air carrier and other records.--From any air carrier
or other person (except a branch of the Armed Forces, the
National Guard, or a reserve component of the Armed Forces)
that has employed an individual as a pilot of a civil or
public aircraft, or from the trustee in bankruptcy for such
air carrier or person--
``(i) records pertaining to the individual that are
maintained by the air carrier (other than records relating to
flight time, duty time, or rest time), including records
under regulations set forth in--
``(I) section 121.683 of title 14, Code of Federal
Regulations;
``(II) paragraph (A) of section VI, appendix I, part 121 of
such title;
``(III) paragraph (A) of section IV, appendix J, part 121
of such title;
``(IV) section 125.401 of such title; and
``(V) section 135.63(a)(4) of such title; and
``(ii) other records pertaining to the individual's
performance as a pilot that are maintained by the air carrier
or person concerning--
``(I) the training, qualifications, proficiency, or
professional competence of the individual, including comments
and evaluations made by a check airman designated in
accordance with section 121.411, 125.295, or 135.337 of such
title;
``(II) any disciplinary action taken with respect to the
individual that was not subsequently overturned; and
``(III) any release from employment or resignation,
termination, or disqualification with respect to employment.
``(C) National driver register records.--In accordance with
section 30305(b)(8) of this title, from the chief driver
licensing official of a State, information concerning the
motor vehicle driving record of the individual.
``(3) Written consent; release from liability.--An air
carrier--
``(A) shall obtain the written consent of an individual
before accessing records pertaining to the individual under
paragraph (1); and
``(B) may, notwithstanding any other provision of law or
agreement to the contrary, require an individual with respect
to whom the carrier is accessing records under paragraph (1)
to execute a release from liability for any claim arising
from accessing the records or the use of such records by the
air carrier in accordance with this section (other than a
claim arising from furnishing information known to be false
and maintained in violation of a criminal statute).
``(4) Reporting.--
``(A) Reporting by administrator.--The Administrator shall
enter data described in paragraph (2)(A) into the database
promptly to ensure that an individual's records are current.
``(B) Reporting by air carriers and other persons.--
``(i) In general.--Air carriers and other persons shall
report data described in paragraphs (2)(B) and (2)(C) to the
Administrator promptly for entry into the database.
``(ii) Data to be reported.--Air carriers and other persons
shall report, at a minimum, under clause (i) the following
data described in paragraph (2)(B):
``(I) Records that are generated by the air carrier or
other person after the date of enactment of the FAA Air
Transportation Modernization and Safety Improvement Act.
``(II) Records that the air carrier or other person is
maintaining, on such date of enactment, pursuant to
subsection (h)(4).
``(5) Requirement to maintain records.--The Administrator--
``(A) shall maintain all records entered into the database
under paragraph (2) pertaining to an individual until the
date of receipt of notification that the individual is
deceased; and
``(B) may remove the individual's records from the database
after that date.
``(6) Receipt of consent.--The Administrator shall not
permit an air carrier to access records pertaining to an
individual from the database under paragraph (1) without the
air carrier first demonstrating to the satisfaction of the
Administrator that the air carrier has obtained the written
consent of the individual.
``(7) Right of pilot to review certain records and correct
inaccuracies.--Notwithstanding any other provision of law or
agreement, the Administrator, upon receipt of written request
from an individual--
``(A) shall make available, not later than 30 days after
the date of the request, to the individual for review all
records referred to in paragraph (2) pertaining to the
individual; and
``(B) shall provide the individual with a reasonable
opportunity to submit written comments to correct any
inaccuracies contained in the records.
``(8) Reasonable charges for processing requests and
furnishing copies.--The Administrator may establish a
reasonable charge for the cost of processing a request under
paragraph (1) or (7) and for the cost of furnishing copies of
requested records under paragraph (7).
``(9) Privacy protections.--
``(A) Use of records.--An air carrier that accesses records
pertaining to an individual under paragraph (1) may use the
records only to assess the qualifications of the individual
in deciding whether or not to hire the individual as a pilot.
The air carrier shall take such actions as may be necessary
to protect the privacy of the individual and the
confidentiality of the records accessed, including ensuring
that information contained in the records is not divulged to
any individual that is not directly involved in the hiring
decision.
``(B) Disclosure of information.--
``(i) In general.--Except as provided by clause (ii),
information collected by the Administrator under paragraph
(2) shall be exempt from the disclosure requirements of
section 552 of title 5.
``(ii) Exceptions.--Clause (i) shall not apply to--
``(I) de-identified, summarized information to explain the
need for changes in policies and regulations;
``(II) information to correct a condition that compromises
safety;
``(III) information to carry out a criminal investigation
or prosecution;
``(IV) information to comply with section 44905, regarding
information about threats to civil aviation; and
``(V) such information as the Administrator determines
necessary, if withholding the information would not be
consistent with the safety responsibilities of the Federal
Aviation Administration.
``(10) Periodic review.--Not later than 18 months after the
date of enactment of the FAA Air Transportation Modernization
and Safety Improvement Act, and at least once every 3 years
thereafter, the Administrator shall transmit to Congress a
statement that contains, taking into account recent
developments in the aviation industry--
``(A) recommendations by the Administrator concerning
proposed changes to Federal Aviation Administration records,
air carrier records, and other records required to be
included in the database under paragraph (2); or
``(B) reasons why the Administrator does not recommend any
proposed changes to the records referred to in subparagraph
(A).
``(11) Regulations for protection and security of
records.--The Administrator shall prescribe such regulations
as may be necessary--
``(A) to protect and secure--
``(i) the personal privacy of any individual whose records
are accessed under paragraph (1); and
``(ii) the confidentiality of those records; and
``(B) to preclude the further dissemination of records
received under paragraph (1) by the person who accessed the
records.
``(12) Good faith exception.--Notwithstanding paragraph
(1), an air carrier may allow an individual to begin service
as a pilot, without first obtaining information described in
paragraph (2)(B) from the database pertaining to the
individual, if--
``(A) the air carrier has made a documented good faith
attempt to access the information from the database; and
``(B) has received written notice from the Administrator
that the information is not contained in the database because
the individual was employed by an air carrier or other person
that no longer exists or by a foreign government
[[Page H2353]]
or other entity that has not provided the information to the
database.
``(13) Limitations on electronic access to records.--
``(A) Access by individuals designated by air carriers.--
For the purpose of increasing timely and efficient access to
records described in paragraph (2), the Administrator may
allow, under terms established by the Administrator, an
individual designated by an air carrier to have electronic
access to the database.
``(B) Terms.--The terms established by the Administrator
under subparagraph (A) for allowing a designated individual
to have electronic access to the database shall limit such
access to instances in which information in the database is
required by the designated individual in making a hiring
decision concerning a pilot applicant and shall require that
the designated individual provide assurances satisfactory to
the Administrator that--
``(i) the designated individual has received the written
consent of the pilot applicant to access the information; and
``(ii) information obtained using such access will not be
used for any purpose other than making the hiring decision.
``(14) Regulations.--
``(A) In general.--The Administrator shall issue
regulations to carry out this subsection.
``(B) Effective date.--The regulations shall specify the
date on which the requirements of this subsection take effect
and the date on which the requirements of subsection (h)
cease to be effective.
``(C) Exceptions.--Notwithstanding subparagraph (B)--
``(i) the Administrator shall begin to establish the
database under paragraph (2) not later than 90 days after the
date of enactment of the FAA Air Transportation Modernization
and Safety Improvement Act;
``(ii) the Administrator shall maintain records in
accordance with paragraph (5) beginning on the date of
enactment of that Act; and
``(iii) air carriers and other persons shall maintain
records to be reported to the database under paragraph (4)(B)
in the period beginning on such date of enactment and ending
on the date that is 5 years after the requirements of
subsection (h) cease to be effective pursuant to subparagraph
(B).
``(15) Special rule.--During the one-year period beginning
on the date on which the requirements of this section become
effective pursuant to paragraph (15)(B), paragraph (7)(A)
shall be applied by substituting `45 days' for `30 days'.''.
(c) Conforming Amendments.--
(1) Limitation on liability; preemption of state law.--
Section 44703(j) (as redesignated by subsection (b)(1) of
this section) is amended--
(A) in the subsection heading by striking ``Limitation''
and inserting ``Limitations'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A) by striking
``paragraph (2)'' and inserting ``subsection (h)(2) or
(i)(3)'';
(ii) in subparagraph (A) by inserting ``or accessing the
records of that individual under subsection (i)(1)'' before
the semicolon; and
(iii) in the matter following subparagraph (D) by striking
``subsection (h)'' and inserting ``subsection (h) or (i)'';
(C) in paragraph (2) by striking ``subsection (h)'' and
inserting ``subsection (h) or (i)'';
(D) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``or who furnished information to the
database established under subsection (i)(2)'' after
``subsection (h)(1)''; and
(E) by adding at the end the following:
``(4) Prohibition on actions and proceedings against air
carriers.--
``(A) Hiring decisions.--An air carrier may refuse to hire
an individual as a pilot if the individual did not provide
written consent for the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not execute the
release from liability requested under subsection (h)(2)(B)
or (i)(3)(B).
``(B) Actions and proceedings.--No action or proceeding may
be brought against an air carrier by or on behalf of an
individual who has applied for or is seeking a position as a
pilot with the air carrier if the air carrier refused to hire
the individual after the individual did not provide written
consent for the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not execute a
release from liability requested under subsection (h)(2)(B)
or (i)(3)(B).''.
(2) Limitation on statutory construction.--Section 44703(k)
(as redesignated by subsection (b)(1) of this section) is
amended by striking ``subsection (h)'' and inserting
``subsection (h) or (i)''.
SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS.
(a) In General.--Within 60 days after the date of enactment
of this Act, the Administrator shall initiate and complete a
rulemaking to require part 121 air carriers--
(1) to implement, as part of their safety management
systems--
(A) an Aviation Safety Action Program;
(B) a Flight Operations Quality Assurance Program;
(C) a Line Operational Safety Audit Program; and
(D) a Flight Crew Fatigue Risk Management Program;
(2) to implement appropriate privacy protection safeguards
with respect to data included in such programs; and
(3) to provide appropriate collaboration and operational
oversight of regional/commuter air carriers by affiliated
major air carriers that include--
(A) periodic safety audits of flight operations;
(B) training, maintenance, and inspection programs; and
(C) provisions for the exchange of safety information.
(b) Effect on Advanced Qualification Program.--
Implementation of the programs under subsection (a)(1)
neither limits nor invalidates the Federal Aviation
Administration's advanced qualification program.
(c) Limitations on Discipline and Enforcement.--The
Administrator shall require that each of the programs
described in subsection (a)(1)(A) and (B) establish
protections for an air carrier or employee submitting data or
reports against disciplinary or enforcement actions by any
Federal agency or employer. The protections shall not be less
than the protections provided under Federal Aviation
Administration Advisory Circulars governing those programs,
including Advisory Circular AC No. 120-66 and AC No. 120-82.
(d) CVR Data.--The Administrator, acting in collaboration
with aviation industry interested parties, shall consider the
merits and feasibility of incorporating cockpit voice
recorder data in safety oversight practices.
(e) Enforcement Consistency.--Within 9 months after the
date of enactment of this Act, the Administrator shall--
(1) develop and implement a plan that will ensure that the
FAA's safety enforcement plan is consistently enforced; and
(2) ensure that the FAA's safety oversight program is
reviewed periodically and updated as necessary.
SEC. 553. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY
RECOMMENDATIONS.
(a) In General.--The first sentence of section 1135(a) is
amended by inserting ``to the National Transportation Safety
Board'' after ``shall give''.
(b) Air Carrier Safety Recommendations.--Section 1135 is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Annual Report on Air Carrier Safety
Recommendations.--
``(1) In general.--The Secretary shall submit an annual
report to the Congress and the Board on the recommendations
made by the Board to the Secretary regarding air carrier
operations conducted under part 121 of title 14, Code of
Federal Regulations.
``(2) Recommendations to be covered.--The report shall
cover--
``(A) any recommendation for which the Secretary has
developed, or intends to develop, procedures to adopt the
recommendation or part of the recommendation, but has yet to
complete the procedures; and
``(B) any recommendation for which the Secretary, in the
preceding year, has issued a response under subsection (a)(2)
or (a)(3) refusing to carry out all or part of the procedures
to adopt the recommendation.
``(3) Contents.--
``(A) Plans to adopt recommendations.--For each
recommendation of the Board described in paragraph (2)(A),
the report shall contain--
``(i) a description of the recommendation;
``(ii) a description of the procedures planned for adopting
the recommendation or part of the recommendation;
``(iii) the proposed date for completing the procedures;
and
``(iv) if the Secretary has not met a deadline contained in
a proposed timeline developed in connection with the
recommendation under subsection (b), an explanation for not
meeting the deadline.
``(B) Refusals to adopt recommendations.--For each
recommendation of the Board described in paragraph (2)(B),
the report shall contain--
``(i) a description of the recommendation; and
``(ii) a description of the reasons for the refusal to
carry out all or part of the procedures to adopt the
recommendation.''.
SEC. 554. IMPROVED FLIGHT OPERATIONAL QUALITY ASSURANCE,
AVIATION SAFETY ACTION, AND LINE OPERATIONAL
SAFETY AUDIT PROGRAMS.
(a) Limitation on Disclosure and Use of Information.--
(1) In general.--Except as provided by this section, a
party in a judicial proceeding may not use discovery to
obtain--
(A) an Aviation Safety Action Program report;
(B) Flight Operational Quality Assurance Program data; or
(C) a Line Operations Safety Audit Program report.
(2) FOIA not applicable.--Section 522 of title 5, United
States Code, shall not apply to reports or data described in
paragraph (1).
(3) Exceptions.--Nothing in paragraph (1) or (2) prohibits
the FAA from disclosing information contained in reports or
data described in paragraph (1) if withholding the
information would not be consistent with the FAA's safety
responsibilities, including--
(A) a summary of information, with identifying information
redacted, to explain the need for changes in policies or
regulations;
(B) information provided to correct a condition that
compromises safety, if that condition continues uncorrected;
or
(C) information provided to carry out a criminal
investigation or prosecution.
(b) Permissible Discovery for Such Reports and Data.--
Except as provided in subsection (c), a court may allow
discovery by a party of an Aviation Safety Action Program
report, Flight Operational Quality Assurance Program data, or
a Line Operations Safety Audit Program report if, after an in
camera review of the information, the court determines that a
party to a claim or defense in the proceeding shows a
particularized need for the report or data that outweighs the
need for confidentiality
[[Page H2354]]
of the report or data, considering the confidential nature of
the report or data, and upon a showing that the report or
data is both relevant to the preparation of a claim or
defense and not otherwise known or available.
(c) Protective Order.--When a court allows discovery, in a
judicial proceeding, of an Aviation Safety Action Program
report, Flight Operational Quality Assurance Program data, or
a Line Operations Safety Audit Program report, the court
shall issue a protective order--
(1) to limit the use of the information contained in the
report or data to the judicial proceeding;
(2) to prohibit dissemination of the report or data to any
person that does not need access to the report for the
proceeding; and
(3) to limit the use of the report or data in the
proceeding to the uses permitted for privileged self-analysis
information as defined under the Federal Rules of Evidence.
(d) Sealed Information.--A court may allow an Aviation
Safety Action Program report, Flight Operational Quality
Assurance Program data, or a Line Operations Safety Audit
Program report to be admitted into evidence in a judicial
proceeding only if the court places the report or data under
seal to prevent the use of the report or data for purposes
other than for the proceeding.
(e) Safety Recommendations.--This section does not prevent
the National Transportation Safety Board from referring at
any time to information contained in an Aviation Safety
Action Program report, Flight Operational Quality Assurance
Program data, or a Line Operations Safety Audit Program
report in making safety recommendations.
(f) Waiver.--Any waiver of the privilege for self-analysis
information by a protected party, unless occasioned by the
party's own use of the information in presenting a claim or
defense, must be in writing.
SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, TESTING, AND
CERTIFICATION REQUIREMENTS.
(a) Training and Testing.--The Administrator shall develop
and implement a plan for reevaluation of flight crew training
regulations in effect on the date of enactment of this Act,
including regulations for--
(1) classroom instruction requirements governing curriculum
content and hours of instruction;
(2) crew leadership training; and
(3) initial and recurrent testing requirements for pilots,
including the rigor and consistency of testing programs such
as check rides.
(b) Best Practices.--The plan shall incorporate best
practices in the aviation industry with respect to training
protocols, methods, and procedures.
(c) Certification.--The Administrator shall initiate a
rulemaking to re-evaluate FAA regulations governing the
minimum requirements--
(1) to become a commercial pilot;
(2) to receive an Air Transport Pilot Certificate to become
a captain; and
(3) to transition to a new type of aircraft.
(d) Remedial Training Programs.--
(1) In general.--The Administrator shall initiate a
rulemaking to require part 121 air carriers to establish
remedial training programs for flightcrew members who have
demonstrated performance deficiencies or experienced failures
in the training environment.
(2) Deadlines.--The Administrator shall--
(A) not later than 180 days after the date of enactment of
this Act, issue a notice of proposed rulemaking under
paragraph (1); and
(B) not later than 24 months after the date of enactment of
this Act, issue a final rule for the rulemaking.
(e) Stick Pusher Training and Weather Event Training.--
(1) Multidisciplinary panel.--Not later than 120 days after
the date of enactment of this Act, the Administrator shall
convene a multidisciplinary panel of specialists in aircraft
operations, flightcrew member training, human factors, and
aviation safety to study and submit to the Administrator a
report on methods to increase the familiarity of flightcrew
members with, and improve the response of flightcrew members
to, stick pusher systems, icing conditions, and microburst
and windshear weather events.
(2) Report to congress.--Not later than one year after the
date on which the Administrator convenes the panel, the
Administrator shall--
(A) submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation based on
the findings of the panel; and
(B) with respect to stick pusher systems, initiate
appropriate actions to implement the recommendations of the
panel.
SEC. 556. FLIGHTCREW MEMBER MENTORING, PROFESSIONAL
DEVELOPMENT, AND LEADERSHIP.
(a) Aviation Rulemaking Committee.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall conduct an aviation rulemaking committee
proceeding with stakeholders to develop procedures for each
part 121 air carrier to take the following actions:
(A) Establish flightcrew member mentoring programs under
which the air carrier will pair highly experienced flightcrew
members who will serve as mentor pilots and be paired with
newly employed flightcrew members. Mentor pilots should be
provided, at a minimum, specific instruction on techniques
for instilling and reinforcing the highest standards of
technical performance, airmanship, and professionalism in
newly employed flightcrew members.
(B) Establish flightcrew member professional development
committees made up of air carrier management and labor union
or professional association representatives to develop,
administer, and oversee formal mentoring programs of the
carrier to assist flightcrew members to reach their maximum
potential as safe, seasoned, and proficient flightcrew
members.
(C) Establish or modify training programs to accommodate
substantially different levels and types of flight experience
by newly employed flightcrew members.
(D) Establish or modify training programs for second-in-
command flightcrew members attempting to qualify as pilot-in-
command flightcrew members for the first time in a specific
aircraft type and ensure that such programs include
leadership and command training.
(E) Ensure that recurrent training for pilots in command
includes leadership and command training.
(F) Such other actions as the aviation rulemaking committee
determines appropriate to enhance flightcrew member
professional development.
(2) Compliance with sterile cockpit rule.--Leadership and
command training described in paragraphs (1)(D) and (1)(E)
shall include instruction on compliance with flightcrew
member duties under part 121.542 of title 14, Code of Federal
Regulations.
(3) Streamlined program review.--
(A) In general.--As part of the rulemaking required by
subsection (a), the Administrator shall establish a
streamlined process for part 121 air carriers that have in
effect, as of the date of enactment of this Act, the programs
required by paragraph (1).
(B) Expedited approvals.--Under the streamlined process,
the Administrator shall--
(i) review the programs of such part 121 air carriers to
determine whether the programs meet the requirements set
forth in the final rule referred to in subsection (b)(2); and
(ii) expedite the approval of the programs that the
Administrator determines meet such requirements.
(b) Deadlines.--The Administrator shall issue--
(1) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection
(a); and
(2) not later than 24 months after such date of enactment,
a final rule under subsection (a).
SEC. 557. FLIGHTCREW MEMBER SCREENING AND QUALIFICATIONS.
(a) Requirements.--The Administrator of the Federal
Aviation Administration shall conduct a rulemaking proceeding
to require part 121 air carriers to develop and implement
means and methods for ensuring that flightcrew members have
proper qualifications and experience.
(b) Minimum Experience Requirement.--
(1) In general.--The final rule prescribed under subsection
(a) shall, among any other requirements established by the
rule, require that a pilot--
(A) have not less than 800 hours of flight time before
serving as a flightcrew member for a part 121 air carrier;
and
(B) demonstrate the ability to--
(i) function effectively in a multipilot environment;
(ii) function effectively in an air carrier operational
environment;
(iii) function effectively in adverse weather conditions,
including icing conditions if the pilot is expected to be
operating aircraft in icing conditions;
(iv) function effectively during high altitude operations;
and
(v) adhere to the highest professional standards.
(2) Hours of flight experience in difficult operational
conditions.--The total number of hours of flight experience
required by the Administrator under paragraph (1) for pilots
shall include a number of hours of flight experience in
difficult operational conditions that may be encountered by
an air carrier that the Administrator determines to be
sufficient to enable a pilot to operate an aircraft safely in
such conditions.
(c) Deadlines.--The Administrator shall issue--
(1) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection
(a); and
(2) not later than December 31, 2011, a final rule under
subsection (a).
(d) Default Requirements.--If the Administrator fails to
meet the deadline established by subsection (c))(2), then all
flightcrew members for part 121 air carriers shall meet the
requirements established by subpart G of part 61 of the
Federal Aviation Administration's regulations (14 C.F.R.
61.151 et seq.).
(e) Definitions.--In this section:
(1) Flightcrew member.--The term ``flightcrew member'' has
the meaning given that term in section 1.1 of the Federal
Aviation Administration's regulations (14 C.F.R. 1.1)).
(2) Part 121 air carrier.--The term ``part 121 air
carrier'' has the meaning given that term by section
41720(d)(1) of title 49, United States Code.
SEC. 558. PROHIBITION ON PERSONAL USE OF CERTAIN DEVICES ON
FLIGHT DECK.
(a) In General.--Chapter 447, as amended by section 521 of
this Act, is further amended by adding at the end thereof the
following:
`` 44731. Use of certain devices on flight deck
``(a) In General.--It is unlawful for any member of the
flight crew of an aircraft used to provide air transportation
under part 121 of title 14, Code of Federal Regulations, to
use a personal wireless communications device or laptop
computer while at the crew member's duty station on the
flight deck of such an aircraft while the aircraft is being
operated.
``(b) Exceptions.--Subsection (a) shall not apply to the
use of a personal wireless communications device or laptop
computer for a purpose directly related to operation of the
aircraft, or for emergency, safety-related, or employment-
related communications, in accordance with
[[Page H2355]]
procedures established by the air carrier or the Federal
Aviation Administration.
``(c) Enforcement.--In addition to the penalties provided
under section 46301 of this title applicable to any violation
of this section, the Administrator of the Federal Aviation
Administration may enforce compliance with this section under
section 44709.
``(d) Personal Wireless Communications Device Defined.--The
term `personal wireless communications device' means a device
through which personal wireless services (as defined in
section 332(c)(7)(C)(i) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)(C)(i))) are transmitted.''.
(b) Penalty.--Section 44711(a) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(8);
(2) by striking ``title.'' in paragraph (9) and inserting
``title; or''; and
(3) by adding at the end the following:
``(10) violate section 44730 of this title or any
regulation issued thereunder.''.
(c) Conforming Amendment.--The table of contents for
chapter 447 is amended by adding at the end thereof the
following:
``44731. Use of certain devices on flight deck''.
(d) Regulations.--Within 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a rulemaking procedure for regulations under section
44730 of title 49, United States Code, and shall issue a
final rule thereunder within 1 year after the date of
enactment of this Act.
(e) Study.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall review relevant air carrier data and
carry out a study--
(A) to identify common sources of distraction for the
cockpit flight crew on commercial aircraft; and
(B) to determine the safety impacts of such distractions.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator shall submit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that contains--
(A) the findings of the study conducted under paragraph
(1); and
(B) recommendations about ways to reduce distractions for
cockpit flight crews.
SEC. 559. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.
The Administrator shall, not less frequently than once each
year, perform random, unannounced, on-site inspections of air
carriers that provide air transportation pursuant to a
contract with a part 121 air carrier to ensure that such air
carriers are complying with all applicable safety standards
of the Administration.
SEC. 560. ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO
THE TRAINING, HIRING, AND OPERATION OF AIRCRAFT
BY PILOTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue a final
rule with respect to the Notice of Proposed Rulemaking
published in the Federal Register on January 12, 2009 (74
Fed. Reg. 1280), relating to training programs for flight
crew members and aircraft dispatchers.
(b) Expert Panel To Review Part 121 and Part 135 Training
Hours.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Administrator shall convene a
multidisciplinary expert panel comprised of, at a minimum,
air carrier representatives, training facility
representatives, instructional design experts, aircraft
manufacturers, safety organization representatives, and labor
union representatives.
(2) Assessment and recommendations.--The panel shall assess
and make recommendations concerning--
(A) the best methods and optimal time needed for flightcrew
members of part 121 air carriers and flightcrew members of
part 135 air carriers to master aircraft systems, maneuvers,
procedures, take offs and landings, and crew coordination;
(B) the optimal length of time between training events for
such crewmembers, including recurrent training events;
(C) the best methods to reliably evaluate mastery by such
crewmembers of aircraft systems, maneuvers, procedures, take
offs and landings, and crew coordination; and
(D) the best methods to allow specific academic training
courses to be credited pursuant to section 11(d) toward the
total flight hours required to receive an airline transport
pilot certificate.
(3) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit a
report to the House of Representatives Committee on
Transportation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation based on the findings
of the panel.
SEC. 561. OVERSIGHT OF PILOT TRAINING SCHOOLS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Administrator shall submit to
Congress a plan for overseeing pilot schools certified under
part 141 of title 14, Code of Federal Regulations, that
includes--
(1) ensuring that the curriculum and course outline
requirements for such schools under subpart C of such part
are being met; and
(2) conducting on-site inspections of each such school not
less frequently than once every 2 years.
(b) GAO Study.--The Comptroller General shall conduct a
comprehensive study of flight schools, flight education, and
academic training requirements for certification of an
individual as a pilot.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a
report to the House of Representatives Committee on
Transportation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation on the results of the
study.
SEC. 562. ENHANCED TRAINING FOR FLIGHT ATTENDANTS AND GATE
AGENTS.
(a) In General.--Chapter 447, as amended by section 558 of
this Act, is further amended by adding at the end the
following:
``Sec. 44732. Training of flight attendants and gate agents
``(a) Training Required.--In addition to other training
required under this chapter, each air carrier shall provide
initial and annual recurring training for flight attendants
and gate agents employed or contracted by such air carrier
regarding--
``(1) serving alcohol to passengers;
``(2) recognizing intoxicated passengers; and
``(3) dealing with disruptive passengers.
``(b) Situational Training.--In carrying out the training
required under subsection (a), each air carrier shall provide
situational training to flight attendants and gate agents on
the proper method for dealing with intoxicated passengers who
act in a belligerent manner.
``(c) Definitions.--In this section:
``(1) Air carrier.--The term `air carrier' means a person
or commercial enterprise that has been issued an air carrier
operating certificate under section 44705.
``(2) Flight attendant.--The term `flight attendant' has
the meaning given the term in section 44728(f).
``(3) Gate agent.--The term `gate agent' means an
individual working at an airport whose responsibilities
include facilitating passenger access to commercial aircraft.
``(4) Passenger.--The term `passenger' means an individual
traveling on a commercial aircraft, from the time at which
the individual arrives at the airport from which such
aircraft departs until the time the individual leaves the
airport to which such aircraft arrives.''.
(b) Clerical Amendment.--The table of contents for chapter
447 is amended by adding at the end the following:
``44732. Training of flight attendants and gate agents''.
(c) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Transportation
shall issue regulations to carry out section 44730 of title
49, United States Code, as added by subsection (a).
SEC. 563. DEFINITIONS.
In this subtitle:
(1) Aviation safety action program.--The term ``Aviation
Safety Action Program'' means the program described under
Federal Aviation Administration Advisory Circular No. 120-66B
that permits employees of participating air carriers and
repair station certificate holders to identify and report
safety issues to management and to the Administration for
resolution.
(2) Administrator.--The term ``Administrator'' means the
Administrator.
(3) Air carrier.--The term ``air carrier'' has the meaning
given that term by section 40102(2) of title 49, United
States Code.
(4) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(5) Flight operational quality assurance program.--The term
``Flight Operational Quality Assurance Program'' means the
voluntary safety program authorized under section 13.401 of
title 14, Code of Federal Regulations, that permits
commercial air carriers and pilots to share confidential
aggregate information with the Administration to permit the
Administration to target resources to address operational
risk issues.
(6) Line Operations Safety Audit Program.--The term ``Line
Operations Safety Audit Program'' has the meaning given that
term by Federal Aviation Administration Advisory Circular
Number 120-90.
(7) Part 121 air carrier.--The term ``part 121 air
carrier'' has the meaning given that term by section
41719(d)(1) of title 49, United States Code.
SEC. 564. STUDY OF AIR QUALITY IN AIRCRAFT CABINS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a study of air quality
in aircraft cabins to--
(1) assess bleed air quality on the full range of
commercial aircraft operating in the United States;
(2) identify oil-based contaminants, hydraulic fluid
toxins, and other air toxins that appear in cabin air and
measure the quantity and prevalence, or absence of those
toxins through a comprehensive sampling program;
(3) determine the specific amount and duration of toxic
fumes present in aircraft cabins that constitutes a health
risk to passengers;
(4) develop a systematic reporting standard for smoke and
fume events in aircraft cabins;
(5) identify the potential health risks to individuals
exposed to toxic fumes during flight; and
(6) determine the extent to which the installation of
sensors and air filters on commercial aircraft would provide
a public health benefit.
(b) Authority To Monitor Air in Aircraft Cabins.--For
purposes of conducting the study required by subsection (a),
the Administrator of the Federal Aviation Administration
shall require domestic air carriers to allow air quality
monitoring on their aircraft in a manner that imposes no
significant costs on the air carrier and does not interfere
with the normal operation of the aircraft.
[[Page H2356]]
TITLE VI--AVIATION RESEARCH
SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM.
(a) In General.--Section 44511(f) is amended--
(1) by striking ``establish a 4-year pilot'' in paragraph
(1) and inserting ``maintain an''; and
(2) by inserting ``pilot'' in paragraph (4) before
``program'' the first time it appears; and
(3) by striking ``program, including recommendations as to
the need for establishing a permanent airport cooperative
research program.'' in paragraph (4) and inserting
``program.''.
(b) Airport Cooperative Research Program.--Not more than
$15,000,000 per year for fiscal years 2010 and 2011 may be
appropriated to the Secretary of Transportation from the
amounts made available each year under subsection (a) for the
Airport Cooperative Research Program under section 44511 of
this title, of which not less than $5,000,000 per year shall
be for research activities related to the airport
environment, including reduction of community exposure to
civil aircraft noise, reduction of civil aviation emissions,
or addressing water quality issues.
SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY
CONSUMPTION FROM CIVILIAN AIRCRAFT.
(a) Establishment of Research Program.--From amounts made
available under section 48102(a) of title 49, United States
Code, the Administrator of the Federal Aviation
Administration shall establish a research program related to
reducing civilian aircraft energy use, emissions, and source
noise with equivalent safety through grants or other
measures, which may include cost-sharing, authorized under
section 106(l)(6) of such title, including reimbursable
agreements with other Federal agencies.
(b) Establishment of Consortium.--
(1) Designation as consortium.--Not later than 180 days
after the date of the enactment of this Act, the
Administrator shall designate, using a competitive process,
one or more institutions or entities described in paragraph
(2) as a Consortium for Continuous Low Energy, Emissions, and
Noise (CLEEN) to perform research in accordance with this
section.
(2) Participation.--The Administrator shall include
educational and research institutions or private sector
entities that have existing facilities and experience for
developing and testing noise, emissions and energy reduction
engine and aircraft technology, and developing alternative
fuels in the research program required by subsection (a).
(3) Coordination mechanisms.--In conducting the research
program, the Consortium designated under paragraph (1)
shall--
(A) coordinate its activities with the Department of
Agriculture, the Department of Energy, the National
Aeronautics and space Administration, and other relevant
Federal agencies; and
(B) consult on a regular basis with the Commercial Aviation
Alternative Fuels Initiative.
(c) Performance Objectives.--Not later than January 1,
2016, the research program shall accomplish the following
objectives:
(1) Certifiable aircraft technology that reduces fuel burn
33 percent compared to current technology, reducing energy
consumption and carbon dioxide emissions.
(2) 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) Certifiable aircraft technology that reduces noise
levels by 32 Effective Perceived Noise in decibels (EPNdb)
cumulative, relative to Stage 4 standards.
(4) Advance qualification and environmental assurance of
alternative aviation fuels to support a goal of having 20
percent of the jet fuel available for purchase by United
States commercial airlines and cargo carriers be alternative
fuels.
(5) Determination of the extent to which new engine and
aircraft technologies may be used to retrofit or re-engine
aircraft so as to increase the level of penetration into the
commercial fleet.
SEC. 603. PRODUCTION OF ALTERNATIVE FUEL TECHNOLOGY FOR
CIVILIAN AIRCRAFT.
(a) In General.--From amounts made available under section
48102(a) of title 49, United States Code, the Secretary of
Transportation shall establish a research program related to
developing jet fuel from natural gas, biomass and other
renewable sources through grants or other measures authorized
under section 106(l)(6) of such title, including reimbursable
agreements with other Federal agencies.
(b) Participation in Program.--The Secretary shall--
(1) include educational and research institutions that have
existing facilities and experience in the research, small-
scale development, testing, or evaluation of technologies
related to the creation, processing, and production of a
variety of feedstocks into aviation fuel under the program
required by subsection (a); and
(2) consider utilizing the existing capacity in Aeronautics
research at Langley Research Center of the National
Aeronautics and Space Administration to carry out the program
required by subsection (a).
(c) Designation of Institution as a Center of Excellence.--
Not later than 180 days after the date of the enactment of
this Act, the Administrator of the Federal Aviation
Administration shall designate an institution described in
subsection (b) as a Center of Excellence for Alternative Jet-
Fuel Research in Civil Aircraft. The Center of Excellence
shall be a member of the CLEEN Consortium established under
section 602(b), and shall be part of a Joint Center of
Excellence with the Partnership for Air Transportation Noise
and Emission Reduction FAA Center of Excellence.
SEC. 604. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR
CIVILIAN AIRCRAFT.
(a) Establishment of Research Program.--From amounts made
available under section 48102(a) of title 49, United States
Code, the Secretary of Transportation shall establish a
research program related to developing jet fuel from clean
coal through grants or other measures authorized under
section 106(l)(6) of such title, including reimbursable
agreements with other Federal agencies. The program shall
include participation by educational and research
institutions that have existing facilities and experience in
the development and deployment of technology that processes
coal to aviation fuel.
(b) Designation of Institution as a Center of Excellence.--
Within 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 Coal-to-Jet-Fuel Research.
SEC. 605. ADVISORY COMMITTEE ON FUTURE OF AERONAUTICS.
(a) Establishment.--There is established an advisory
committee to be know as the ``Advisory Committee on the
Future of Aeronautics''.
(b) Membership.--The Advisory Committee shall consist of 7
members appointed by the President from a list of 15
candidates proposed by the Director of the National Academy
of Sciences.
(c) Chairperson.--The Advisory Committee members shall
elect 1 member to serve as chairperson of the Advisory
Committee.
(d) Functions.--The Advisory Committee shall examine the
best governmental and organizational structures for the
conduct of civil aeronautics research and development,
including options and recommendations for consolidating such
research to ensure continued United States leadership in
civil aeronautics. The Committee shall consider transferring
responsibility for civil aeronautics research and development
from the National Aeronautics and Space Administration to
other existing departments or agencies of the Federal
Government or to a non-governmental organization such as
academic consortia or not-for-profit organizations. In
developing its recommendations, the Advisory Committee shall
consider, as appropriate, the aeronautics research policies
developed pursuant to section 101(d) of Public Law 109-155
and the requirements and priorities for aeronautics research
established by title IV of Public Law 109-155.
(e) Report.--Not later than 12 months after the date on
which the full membership of the Advisory Committee is
appointed, the Advisory Committee shall submit a report to
the Senate Committee on Commerce, Science, and Transportation
and the House Committees on Science and Technology and on
Transportation and Infrastructure on its findings and
recommendations. The report may recommend a rank ordered list
of acceptable solutions.
(f) Termination.--The Advisory Committee shall terminate 60
days after the date on which it submits the report to the
Congress.
SEC. 606. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.
(a) Continuation of Program.--The Administrator of the
Federal Aviation Administration shall continue the program to
consider awards to nonprofit concrete and asphalt pavement
research foundations to improve the design, construction,
rehabilitation, and repair of airfield pavements to aid in
the development of safer, more cost effective, and more
durable airfield pavements.
(b) Use of Grants or Cooperative Agreements.--The
Administrator may use grants or cooperative agreements in
carrying out this section.
SEC. 607. WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER
RESEARCH.
Within 60 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall--
(1) initiate evaluation of proposals that would increase
capacity throughout the air transportation system by reducing
existing spacing requirements between aircraft of all sizes,
including research on the nature of wake vortices;
(2) begin implementation of a system to improve volcanic
ash avoidance options for aircraft, including the development
of a volcanic ash warning and notification system for
aviation; and
(3) establish research projects on--
(A) ground de-icing/anti-icing, ice pellets, and freezing
drizzle;
(B) oceanic weather, including convective weather;
(C) en route turbulence prediction and detection; and
(D) all hazards during oceanic operations, where commercial
traffic is high and only rudimentary satellite sensing is
available, to reduce the hazards presented to commercial
aviation.
SEC. 608. INCORPORATION OF UNMANNED AIRCRAFT SYSTEMS INTO FAA
PLANS AND POLICIES.
(a) Research.--
(1) Equipment.--Section 44504, as amended by section 216 of
this Act, is further amended--
(A) by inserting ``unmanned and manned'' in subsection (a)
after ``improve'';
(B) by striking ``and'' after the semicolon in subsection
(b)(7);
(C) by striking ``emitted.'' in subsection (b)(8) and
inserting ``emitted; and''; and
(D) by adding at the end of subsection (b) the following:
``(9) in conjunction with other Federal agencies as
appropriate, to develop technologies and
[[Page H2357]]
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.''.
(2) Human Factors; Simulations.--Section 44505(b) is
amended--
(A) by striking ``and'' after the semicolon in paragraph
(4);
(B) by striking ``programs.'' in paragraph (5)(C) and
inserting ``programs; and''; and
(C) by adding at the end thereof the following:
``(6) to develop a better understanding of the relationship
between human factors and unmanned aircraft systems air
safety; and
``(7) to develop dynamic simulation models of integrating
all classes of unmanned aircraft systems into the National
Airspace System.''.
(b) National Academy of Sciences Assessment.--
(1) In general.--Within 3 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall enter into an arrangement with
the National Academy of Sciences for an assessment of
unmanned aircraft systems that may include consideration of--
(A) human factors regarding unmanned aircraft systems
operation;
(B) ``detect, sense and avoid technologies'' with respect
to both cooperative and non-cooperative aircraft;
(C) spectrum issues and bandwidth requirements;
(D) operation in suboptimal winds and adverse weather
conditions;
(E) mechanisms such as the use of transponders for letting
other entities know where the unmanned aircraft system is
flying;
(F) airworthiness and system redundancy;
(G) flight termination systems for safety and security;
(H) privacy issues;
(I) technologies for unmanned aircraft systems flight
control;
(J) technologies for unmanned aircraft systems propulsion;
(K) unmanned aircraft systems operator qualifications,
medical standards, and training requirements;
(L) unmanned aircraft systems maintenance requirements and
training requirements; and
(M) any other unmanned aircraft systems-related issue the
Administrator believes should be addressed.
(2) Report.--Within 12 months after initiating the study,
the National Academy shall submit its report to the
Administrator, the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure containing its findings and
recommendations.
(c) Pilot Projects.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish 3 2-year cost-shared
pilot projects in sparsely populated, low-density Class G air
traffic airspace new test sites to conduct experiments and
collect data in order to accelerate the safe integration of
unmanned aircraft systems into the National Airspace System
as follows:
(A) 1 project shall address operational issues required for
integration of Category 1 unmanned aircraft systems defined
as analogous to RC models covered in the FAA Advisory
Circular AC 91-57.
(B) 1 project shall address operational issues required for
integration of Category 2 unmanned aircraft systems defined
as non-standard aircraft that perform special purpose
operations. Operators must provide evidence of airworthiness
and operator qualifications.
(C) 1 project shall address operational issues required for
integration of Category 3 unmanned aircraft systems defined
as capable of flying throughout all categories of airspace
and conforming to part 91 of title 14, Code of Federal
Regulations.
(D) All 3 pilot projects shall be operational no later than
6 months after being established.
(2) Use of consortia.--In conducting the pilot projects,
the Administrator shall encourage the formation of
participating consortia from the public and private sectors,
educational institutions, and non-profit organization.
(3) Report.--Within 90 days after completing the pilot
projects, the Administrator shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure setting forth the Administrator's findings and
conclusions concerning the projects.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator for fiscal years 2010
and 2011 such sums as may be necessary to conduct the pilot
projects.
(d) Unmanned Aircraft Systems Roadmap.--Within 30 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall approve and make
available in print and on the Administration's website a 5-
year ``roadmap'' for the introduction of unmanned aircraft
systems into the National Airspace System being coordinated
by its Unmanned Aircraft Program Office. The Administrator
shall update the ``roadmap'' annually.
(e) Updated Policy Statement.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall
issue a notice of proposed rulemaking to update the
Administration's most recent policy statement on unmanned
aircraft systems, Docket No. FAA-2006-25714.
(f) Expanding the Use of UAS in the Arctic.--Within 6
months after the date of enactment of this Act, the
Administrator, in consultation with the National Oceanic and
Atmospheric Administration, the Coast Guard, and other
Federal agencies as appropriate, shall identify permanent
areas in the Arctic where small unmanned aircraft may operate
24 hours per day from 2000 feet to the surface and beyond
line-of-sight for research and commercial purposes. Within 12
months after the date of enactment of this Act, the
Administrator shall have established and implemented a single
process for approving unmanned aircraft use in the designated
arctic regions regardless of whether the unmanned aircraft is
used as a public aircraft, a civil aircraft, or as a model
aircraft.
(g) Defintions.--In this section:
(1) Arctic.--The term ``Arctic'' means the United States
zone of the Chukchi, Beaufort, and Bering Sea north of the
Aleutian chain.
(2) Permanent areas.--The term ``permanent areas'' means
areas on land or water that provide for terrestrial launch
and recovery of small unmanned aircraft.
SEC. 609. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED
RESEARCH AND TRAINING IN THE USE OF ADVANCED
MATERIALS IN TRANSPORT AIRCRAFT.
Section 708(b) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 44504 note) is amended by
striking ``$500,000 for fiscal year 2004'' and inserting
``$1,000,000 for each of fiscal years 2008 through 2012''.
SEC. 610. PILOT PROGRAM FOR ZERO EMISSION AIRPORT VEHICLES.
(a) In General.--Subchapter I of chapter 471 is amended by
inserting after section 47136 the following:
``Sec. 47136A. Zero emission airport vehicles and
infrastructure
``(a) In General.--The Secretary of Transportation shall
establish a pilot program under which the sponsor of a
public-use airport may use funds made available under section
47117 or section 48103 for use at such airports or passenger
facility revenue (as defined in section 40117(a)(6)) to carry
out activities associated with the acquisition and operation
of zero emission vehicles (as defined in section 88.120-94 of
title 40, Code of Federal Regulations), including the
construction or modification of infrastructure to facilitate
the delivery of fuel and services necessary for the use of
such vehicles. Any use of funds authorized by the preceding
sentence shall be considered to be an authorized use of funds
under section 47117 or section 48103, or an authorized use of
passenger facility revenue (as defined in section
40117(a)(6)), as the case may be.
``(b) Location in Air Quality Nonattainment Areas.--
``(1) In general.--A public-use airport shall be eligible
for participation in the pilot program only if the airport is
located in an air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))).
``(2) Shortage of candidates.--If the Secretary receives an
insufficient number of applications from public-use airports
located in such areas, then the Secretary may consider
applications from public-use airports that are not located in
such areas.
``(c) Selection Criteria.--In selecting from among
applicants for participation in the program, the Secretary
shall give priority consideration to applicants that will
achieve the greatest air quality benefits measured by the
amount of emissions reduced per dollar of funds expended
under the program.
``(d) Federal Share.--Notwithstanding any other provision
of this subchapter, the Federal share of the costs of a
project carried out under the program shall be 50 percent.
``(e) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport
carrying out activities funded under the program may not use
more than 10 percent of the amounts made available under the
program in any fiscal year for technical assistance in
carrying out such activities.
``(2) Eligible consortium.--To the maximum extent
practicable, participants in the program shall use an
eligible consortium (as defined in section 5506 of this
title) in the region of the airport to receive technical
assistance described in paragraph (1).
``(f) Materials Identifying Best Practices.--The Secretary
may develop and make available materials identifying best
practices for carrying out activities funded under the
program based on projects carried out under section 47136 and
other sources.''.
(b) Report on Effectiveness of Program.--Not later than 18
months after the date of enactment of the FAA Air
Transportation Modernization and Safety Improvement Act, the
Secretary of Transportation shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation the
House of Representatives Committee on Transportation and
Infrastructure containing--
(1) an evaluation of the effectiveness of the pilot
program;
(2) an identification of all public-use airports that
expressed an interest in participating in the program; and
(3) a description of the mechanisms used by the Secretary
to ensure that the information and know-how gained by
participants in the program is transferred among the
participants and to other interested parties, including other
public-use airports.
(c) Conforming Amendment.--The table of contents for
chapter 471 is amended by inserting after the item relating
to section 47136 the following:
``47136A. Zero emission airport vehicles and infrastructure''.
[[Page H2358]]
SEC. 611. REDUCTION OF EMISSIONS FROM AIRPORT POWER SOURCES.
(a) In General.--Subchapter I of chapter 471 is amended by
inserting after section 47140 the following:
``Sec. 47140A. Reduction of emissions from airport power
sources
``(a) In General.--The Secretary of Transportation shall
establish a program under which the sponsor of each airport
eligible to receive grants under section 48103 is encouraged
to assess the airport's energy requirements, including
heating and cooling, base load, back-up power, and power for
on-road airport vehicles and ground support equipment, in
order to identify opportunities to reduce harmful emissions
and increase energy efficiency at the airport.
``(b) Grants.--The Secretary may make grants under section
48103 to assist airport sponsors that have completed the
assessment described in subsection (a) to acquire or
construct equipment, including hydrogen equipment and related
infrastructure, that will reduce harmful emissions and
increase energy efficiency at the airport. To be eligible for
such a grant, the sponsor of such an airport shall submit an
application to the Secretary, at such time, in such manner,
and containing such information as the Secretary may
require.''.
(b) Conforming Amendment.--The table of contents for
chapter 471 is amended by inserting after the item relating
to section 47140 the following:
``47140A. Reduction of emissions from airport power sources''.
SEC. 612. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL AIDES AND
OTHER ASSETS.
(a) Survey and Assessment.--
(1) In general.--In order to address safety and operational
concerns associated with the construction, alteration,
establishment, or expansion of wind farms in proximity to
critical FAA facilities, the Administrator shall, within 60
days after the date of enactment of this Act, complete a
survey and assessment of leases for critical FAA facility
sites, including--
(A) an inventory of the leases that describes, for each
such lease--
(i) the periodic cost, location, site, terms, number of
years remaining, and lessor;
(ii) other Administration facilities that share the
leasehold, including surveillance and communications
equipment; and
(iii) the type of transmission services supported,
including the terms of service, cost, and support contract
obligations for the services; and
(B) a list of those leases for facilities located in or
near areas suitable for the construction and operation of
wind farms, as determined by the Administrator in
consultation with the Secretary of Energy.
(2) Report.--Upon completion of the survey and assessment,
the Administrator shall submit a report to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the Comptroller General containing the
Administrator's findings, conclusions, and recommendations.
(b) GAO Assessment.--
(1) In general.--Within 180 days after receiving the
Administrator's report under subsection (a)(2), the
Comptroller General, in consultation with the Administrator,
shall report on--
(A) the current and potential impact of wind farms on the
national airspace system;
(B) the extent to which the Department of Defense and the
Federal Aviation Administration have guidance, processes, and
procedures in place to evaluate the impact of wind farms on
the implementation of the Next Generation air traffic control
system; and
(C) potential mitigation strategies, if necessary, to
ensure that wind farms do not have an adverse impact on the
implementation of the Next Generation air traffic control
system, including the installation of navigational aides
associated with that system.
(c) Issuance of Guidelines; Public Information.--
(1) Guidance.--Within 60 days after the Administrator
receives the Comptroller's recommendations, the Administrator
shall publish guidelines for the construction and operation
of wind farms to be located in proximity to critical Federal
Aviation Administration facilities. The guidelines may
include--
(A) the establishment of a zone system for wind farms based
on proximity to critical FAA assets;
(B) the establishment of turbine height and density
limitations on such wind farms;
(C) requirements for notice to the Administration under
section 44718(a) of title 49, United States Code, before the
construction, alteration, establishment, or expansion of a
such a wind farm; and
(D) any other requirements or recommendations designed to
address Administration safety or operational concerns related
to the construction, alteration, establishment, or expansion
of such wind farms.
(2) Public Access to Information.--To the extent feasible,
taking into consideration security, operational, and public
safety concerns (as determined by the Administrator), the
Administrator shall provide public access to information
regarding the planning, construction, and operation of wind
farms in proximity to critical FAA facilities on, or by
linkage from, the homepage of the Federal Aviation
Administration's public website.
(d) Consultation With Other Federal Agencies.--In carrying
out this section, the Administrator and the Comptroller
General shall consult, as appropriate, with the Secretaries
of the Army, the Navy, the Air Force, Homeland Security, and
Energy--
(1) to coordinate the requirements of each department for
future air space needs;
(2) to determine what the acceptable risks are to the
existing infrastructure of each department; and
(3) to define the different levels of risk for such
infrastructure.
(e) Reports.--The Administrator and the Comptroller General
shall provide a copy of reports under subsections (a) and
(b), respectively, to the Senate Committee on Homeland
Security and Governmental Affairs, the Senate Committee on
Armed Services, the House of Representatives Committee on
Homeland Security, the House of Representatives Committee on
Armed Services, and the House of Representatives Committee on
Science and Technology, as appropriate.
(f) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(3) Critical faa facilities.--The term ``critical FAA
facilities'' means facilities on which are located
navigational aides, surveillance systems, or communications
systems used by the Administration in administration of the
national airspace system.
(4) Wind farm.--The term ``wind farm'' means an
installation of 1 or more wind turbines used for the
generation of electricity.
SEC. 613. RESEARCH AND DEVELOPMENT FOR EQUIPMENT TO CLEAN AND
MONITOR THE ENGINE AND APU BLEED AIR SUPPLIED
ON PRESSURIZED AIRCRAFT.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall, to the degree practicable,
implement a research program for the identification or
development of appropriate and effective air cleaning
technology and sensor technology for the engine and auxiliary
power unit (APU) bleed air supplied to the passenger cabin
and flight deck of all pressurized aircraft.
(b) Technology Requirements.--The technology referred to in
subsection (a) should, at a minimum, have the capacity--
(1) to remove oil-based contaminants from the bleed air
supplied to the passenger cabin and flight deck; and
(2) to detect and record oil-based contaminants in the
portion of the total air supplied to the passenger cabin and
flight deck from bleed air.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of
the research and development work carried out under this
section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums are as necessary to carry out
this section.
TITLE VII--MISCELLANEOUS
SEC. 701. GENERAL AUTHORITY.
(a) Third Party Liability.--Section 44303(b) is amended by
striking ``December 31, 2009,'' and inserting ``December 31,
2012,''.
(b) Extension of Program Authority.--Section 44310 is
amended by striking ``December 31, 2013.'' and inserting
``October 1, 2017.''.
(c) War Risk.--Section 44302(f)(1) is amended--
(1) by striking ``September 30, 2009,'' and inserting
``September 30, 2011,''; and
(2) by striking ``December 31, 2009,'' and inserting
``December 31, 2011,''.
SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY.
Within 6 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration
shall develop a Human Intervention Management Study program
for cabin crews employed by commercial air carriers in the
United States.
SEC. 703. AIRPORT PROGRAM MODIFICATIONS.
The Administrator of the Federal Aviation Administration--
(1) shall establish a formal, structured certification
training program for the airport concessions disadvantaged
business enterprise program; and
(2) may appoint 3 additional staff to implement the
programs of the airport concessions disadvantaged business
enterprise initiative.
SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS.
(a) Marshall Islands, Federated States of Micronesia, and
Palau.--Section 47115(j) is amended by striking ``2009,'' and
inserting ``2011,''.
(b) Midway Island Airport.--Section 186(d) of the Vision
100--Century of Aviation Reauthorization Act (117 Stat. 2518)
is amended by striking ``2009,'' and inserting ``2011,''.
SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS.
Section 47107(s) is amended by striking paragraph (3).
SEC. 706. UPDATE ON OVERFLIGHTS.
(a) In General.--Section 45301(b) is amended to read as
follows:
``(b) Limitations.--
``(1) In general.--In establishing fees under subsection
(a), the Administrator shall ensure that the fees required by
subsection (a) are reasonably related to the Administration's
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 other services provided by the Administrator or
by programs financed by the Administrator to flights that
neither take off nor
[[Page H2359]]
land in the United States. The determination of such costs by
the Administrator is 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 October 1, 2010. In developing the adjusted
overflight fees, the Administrator shall seek and consider
the recommendations, if any, offered by the Aviation
Rulemaking Committee for Overflight Fees that 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. In addition, the
Administrator may periodically modify the fees established
under this section either on the Administrator's own
initiative or on a recommendation from the Air Traffic
Control Modernization Board.
``(3) Cost data.--The adjustment of overflight fees under
paragraph (2) shall be based on the costs to the
Administration of providing the air traffic control and
related activities, services, facilities, and equipment using
the available data derived from the Administration's cost
accounting system and cost allocation system to users, as
well as budget and operational data.
``(4) 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.
``(5) Costs defined.--In this subsection, the term `costs'
means those costs associated with the operation, maintenance,
debt service, 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.
``(6) 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 a proposed rule,
pursuant to which public comment will be sought and a final
rule issued.''.
(b) Administrative Provision.--Section 45303(c)(2) is
amended to read as follows:
``(2) shall be available to the Administrator for
expenditure for purposes authorized by Congress for the
Federal Aviation Administration, however, fees established by
section 45301(a)(1) of this title shall be available only to
pay the cost of activities and services for which the fee is
imposed, including the costs to determine, assess, review,
and collect the fee; and''.
SEC. 707. TECHNICAL CORRECTIONS.
Section 40122(g), as amended by section 307 of this Act, is
further amended--
(1) by striking ``section 2302(b), relating to
whistleblower protection,'' in paragraph (2)(A) and inserting
``sections 2301 and 2302,'';
(2) by striking ``and'' after the semicolon in paragraph
(2)(H);
(3) by striking ``Plan.'' in paragraph (2)(I)(iii) and
inserting ``Plan;'';
(4) by adding at the end of paragraph (2) the following:
``(J) section 5596, relating to back pay; and
``(K) sections 6381 through 6387, relating to Family and
Medical Leave.''; and
(5) by adding at the end of paragraph (3) ``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. 708. FAA TECHNICAL TRAINING AND STAFFING.
(a) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the training of airway transportation systems
specialists of the Federal Aviation Administration that
includes--
(A) an analysis of the type of training provided to such
specialists;
(B) an analysis of the type of training that such
specialists need to be proficient in the maintenance of the
latest technologies;
(C) actions that the Administration has undertaken to
ensure that such specialists receive up-to-date training on
such technologies;
(D) the amount and cost of training provided by vendors for
such specialists;
(E) the amount and cost of training provided by the
Administration after developing in-house training courses for
such specialists;
(F) the amount and cost of travel required of such
specialists in receiving training; and
(G) a recommendation regarding the most cost-effective
approach to providing such training.
(2) Report.--Within 1 year after the date of enactment of
this Act, the Comptroller General shall transmit a report on
the study containing the Comptroller General's findings and
recommendations to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure.
(b) Study by National Academy of Sciences.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall contract with 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 Federal Aviation Administration
air traffic controllers, system specialists, and engineers to
ensure proper maintenance, certification, and operation of
the National Airspace System. The National Academy of
Sciences shall consult with the Exclusive Bargaining
Representative certified under section 7111 of title 5,
United States Code, and the Administration (including the
Civil Aeronautical Medical Institute) and examine data
entailing human factors, traffic activity, and the technology
at each facility.
(2) Contents.--The study shall include--
(A) recommendations for objective staffing standards that
maintain the safety of the National Airspace System; and
(B) the approximate length of time for developing such
standards.
(3) Report.--Not later than 24 months after executing a
contract under subsection (a), the National Academy of
Sciences shall transmit a report containing its findings and
recommendations to the Congress.
(c) Aviation Safety Inspectors.--
(1) Safety staffing model.--Within 12 months after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop a staffing model for
aviation safety inspectors. In developing the model, the
Administrator shall consult with representatives of the
aviation safety inspectors and other interested parties.
(2) Safety inspector staffing.--The Federal Aviation
Administration aviation safety inspector staffing requirement
shall be no less than the staffing levels indicated as
necessary in the staffing model described under subsection
(a).
(d) Alaska Flight Service Stations.--Not later than 180
days after the date of the enactment of this Act, the
Administrator, in conjunction with flight service station
personnel, shall submit a report to Congress on the future of
flight service stations in Alaska, which includes--
(1) an analysis of the number of flight service specialists
needed, the training needed by such personnel, and the need
for a formal training and hiring program for such personnel;
(2) a schedule for necessary inspection, upgrades, and
modernization of stations and equipment; and
(3) a description of the interaction between flight service
stations operated by the Administration and flight service
stations operated by contractors.
SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN NATIONAL PARKS.
(a) Secretary of the Interior and Overflights of National
Parks.--
(1) Section 40128 is amended--
(A) by striking paragraph (8) of subsection (f);
(B) by striking ``Director'' each place it appears and
inserting ``Secretary of the Interior'';
(C) by striking ``National Park Service'' in subsection
(a)(2)(B)(vi) and inserting ``Department of the Interior'';
and
(D) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by striking ``, in cooperation with'' and inserting
``and''; and
(bb) by striking ``The air tour'' and all that follows; and
(II) by redesignating subparagraph (B) as subparagraph (C);
(III) by inserting after subparagraph (A) the following:
``(B) Process and approval.--The Federal Aviation
Administration has sole authority to control airspace over
the United States. The National Park Service has the sole
responsibility for conserving the scenery and natural
resources in National Parks and providing for the enjoyment
of the National Parks unimpaired for future generations. Each
air tour management plan shall be--
``(i) developed through a public process that complies with
paragraph (4); and
``(ii) approved by the Administrator and the Director.'';
and
(IV) by adding at the end the following:
``(D) Exception.--An application to begin commercial air
tour operations at Crater Lake National Park may be denied
without the establishment of an air tour management plan by
the Director of the National Park Service if the Director
determines that such operations would unacceptably impact
park resources or visitor experiences.''; and
(ii) in paragraph (4)(C), by striking ``National Park
Service'' and inserting ``Department of the Interior''.
(2) The National Parks Air Tour Management Act of 2000 (49
U.S.C. 40128 note) is amended--
(A) by striking ``Director'' in section 804(b) and
inserting ``Secretary of the Interior'';
(B) in section 805--
(i) by striking ``Director of the National Park Service''
in subsection (a) and inserting ``Secretary of the
Interior'';
(ii) by striking ``Director'' each place it appears and
inserting ``Secretary of the Interior'';
(iii) by striking ``National Park Service'' each place it
appears in subsection (b) and inserting ``Department of the
Interior'';
(iv) by striking ``National Park Service'' in subsection
(d)(2) and inserting ``Department of the Interior''; and
(C) in section 807--
(i) by striking ``National Park Service'' in subsection
(a)(1) and inserting ``Department of the Interior''; and
(ii) by striking ``Director of the National Park Service''
in subsection (b) and inserting ``Secretary of the
Interior''.
(b) Allowing Overflights in Case of Agreement.--Paragraph
(1) of subsection (a) of section 40128 is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(B);
(2) by striking ``lands.'' in subparagraph (C) and
inserting ``lands; and''; and
(3) by adding at the end the following:
``(D) in accordance with a voluntary agreement between the
commercial air tour operator and appropriate representatives
of the national park or tribal lands, as the case may be.''.
(c) Modification of Interim Operating Authority.--Section
40128(c)(2)(I) is amended to read as follows:
``(I) may allow for modifications of the interim operating
authority without further environmental process, if--
``(i) adequate information on the existing and proposed
operations of the commercial air tour operator is provided to
the Administrator and the Secretary by the operator seeking
operating authority;
[[Page H2360]]
``(ii) the Administrator determines that the modifications
would not adversely affect aviation safety or the management
of the national airspace system; and
``(iii) the Secretary agrees that the modifications would
not adversely affect park resources and visitor
experiences.''.
(d) Reporting Requirements for Commercial Air Tour
Operators.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, each
commercial air tour conducting commercial air tour operations
over a national park shall report to the Administrator of the
Federal Aviation Administration and the Secretary of the
Interior on--
(A) the number of commercial air tour operations conducted
by such operator over the national park each day;
(B) any relevant characteristics of commercial air tour
operations, including the routes, altitudes, duration, and
time of day of flights; and
(C) such other information as the Administrator and the
Secretary may determine necessary to administer the
provisions of the National Parks Air Tour Management Act of
2000 (49 U.S.C. 40128 note).
(2) Format.--The report required by paragraph (1) shall be
submitted in such form as the Administrator and the Secretary
determine to be appropriate.
(3) Effect of failure to report.--The Administrator shall
rescind the operating authority of a commercial air tour
operator that fails to file a report not later than 180 days
after the date for the submittal of the report described in
paragraph (1).
(4) Audit of reports.--Not later than 2 years after the
date of the enactment of this Act, and at such times
thereafter as the Inspector General of the Department of
Transportation determines necessary, the Inspector General
shall audit the reports required by paragraph (1).
(e) Collection of Fees From Air Tour Operations.--
(1) In general.--The Secretary of the Interior shall assess
a fee in an amount determined by the Secretary under
paragraph (2) on a commercial air tour operator conducting
commercial air tour operations over a national park.
(2) Amount of fee.--In determining the amount of the fee
assessed under paragraph (1), the Secretary shall collect
sufficient revenue, in the aggregate, to pay for the expenses
incurred by the Federal Government to develop air tour
management plans for national parks.
(3) Effect of failure to pay fee.--The Administrator of the
Federal Aviation Administration shall revoke the operating
authority of a commercial air tour operator conducting
commercial air tour operations over any national park,
including the Grand Canyon National Park, that has not paid
the fee assessed by the Secretary under paragraph (1) by the
date that is 180 days after the date on which the Secretary
determines the fee shall be paid.
(f) Funding for Air Tour Management Plans.--The Secretary
of the Interior shall use the amounts collected under
subsection (e) to develop air tour management plans under
section 40128(b) of title 49, United States Code, for the
national parks the Secretary determines would most benefit
from such a plan.
(g) Guidance to District Offices on Commercial Air Tour
Operators.--The Administrator of the Federal Aviation
Administration shall provide to the Administration's district
offices clear guidance on the ability of commercial air tour
operators to obtain--
(1) increased safety certifications;
(2) exemptions from regulations requiring safety
certifications; and
(3) other information regarding compliance with the
requirements of this Act and other Federal and State laws and
regulations.
(h) Operating Authority of Commercial Air Tour Operators.--
(1) Transfer of operating authority.--
(A) In general.--Subject to subparagraph (B), a commercial
air tour operator that obtains operating authority from the
Administrator under section 40128 of title 49, United States
Code, to conduct commercial air tour operations may transfer
such authority to another commercial air tour operator at any
time.
(B) Notice.--Not later than 30 days before the date on
which a commercial air tour operator transfers operating
authority under subparagraph (A), the operator shall notify
the Administrator and the Secretary of the intent of the
operator to transfer such authority.
(C) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall prescribe
regulations to allow transfers of operating authority
described in subparagraph (A).
(2) Time for determination regarding operating authority.--
Notwithstanding any other provision of law, the Administrator
shall determine whether to grant a commercial air tour
operator operating authority under section 40128 of title 49,
United States Code, not later than 180 days after the earlier
of the date on which--
(A) the operator submits an application; or
(B) an air tour management plan is completed for the
national park over which the operator seeks to conduct
commercial air tour operations.
(3) Increase in interim operating authority.--The
Administrator and the Secretary may increase the interim
operating authority while an air tour management plan is
being developed for a park if--
(A) the Secretary determines that such an increase does not
adversely impact park resources or visitor experiences; and
(B) the Administrator determines that granting interim
operating authority does not adversely affect aviation safety
or the management of the national airspace system.
(4) Enforcement of operating authority.--The Administrator
is authorized and directed to enforce the requirements of
this Act and any agency rules or regulations related to
operating authority.
SEC. 710. PHASEOUT OF STAGE 1 AND 2 AIRCRAFT.
(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), a person may not operate a civil subsonic
turbojet with a maximum weight of 75,000 pounds or less 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) Opt-Out.--Subsection (a) shall not apply at an
airport where the airport operator has notified the Secretary
that it wants to continue to permit the operation of civil
subsonic turbojets with a maximum weight of 75,000 pounds or
less that do not comply with stage 3 noise levels. The
Secretary shall post the notices received under this
subsection on its website or in another place easily
accessible to the public.
``(d) Limitation.--The Secretary shall permit a person to
operate Stage 1 and Stage 2 aircraft with a maximum weight of
75,000 pounds or less to or from an airport in the contiguous
48 States in order--
``(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 or park or store the aircraft in
anticipation of any of the activities described in paragraphs
(1) through (5); or
``(7) to divert the aircraft to an alternative airport 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 (6).
``(e) 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 the Aircraft Noise Reduction Act of 2006.''.
(b) Conforming Amendments.--
(1) Section 47531 is amended by striking ``47529, or
47530'' and inserting ``47529, 47530, or 47534''.
(2) Section 47532 is amended by striking ``47528-47531''
and inserting ``47528 through 47531 or 47534''.
(3) The table of contents for chapter 475 is amended 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''.
(c) Effective Date.--The amendments made by this section
shall take effect 5 years after the date of enactment of this
Act.
SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT.
On and after the date of the enactment of this Act, the
Administrator of the Federal Aviation Administration is
prohibited from taking actions designed to challenge or
influence weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey, except in an
emergency.
SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT
PROPERTIES.
(a) In General.--Within 1 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 for local airport operators that have
submitted a noise compatibility program approved by the
Federal Aviation Administration under section 47504 of title
49, United States Code, under which such airport operators
may use funds made available under section 47117(e) of that
title, or passenger facility revenue collected under section
40117 of that title, in partnership with affected neighboring
local jurisdictions, to support joint planning, engineering
design, and environmental permitting for the assembly and
redevelopment of property purchased with noise mitigation
funds or passenger facility charge funds, to encourage
airport-compatible land uses and generate economic benefits
to the local airport authority and adjacent community.
(b) Noise Compatibility Measures.--Section 47504(a)(2) is
amended--
(1) by striking ``and'' after the semicolon in subparagraph
(D);
(2) by striking ``operations.'' in subparagraph (E) and
inserting ``operations; 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 the land or other property interest acquired by the
airport operator pursuant to 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.''.
[[Page H2361]]
(c) Grant Requirements.--The Administrator may not make a
grant under subsection (a) unless the grant is made--
(1) to enable the airport operator and local jurisdictions
undertaking the community redevelopment effort to expedite
redevelopment efforts;
(2) subject to a requirement that the local jurisdiction
governing the property interests in question has adopted
zoning regulations that permit airport compatible
redevelopment; and
(3) subject to a requirement that, in determining the part
of the proceeds from disposing of the land that is subject to
repayment or reinvestment under section 47107(c)(2)(A) of
title 49, United States Code, the total amount of the grant
issued under this section shall be added to the amount of any
grants issued for acquisition of land.
(d) Demonstration Grants.--
(1) In general.--The Administrator shall provide grants for
up to 4 pilot property redevelopment projects distributed
geographically and targeted to airports that demonstrate--
(A) a readiness to implement cooperative land use
management and redevelopment plans with the adjacent
community; and
(B) the probability of clear economic benefit to the local
community and financial return to the airport through the
implementation of the redevelopment plan.
(2) Federal share.--
(A) Notwithstanding any other provision of law, the Federal
share of the allowable costs of a project carried out under
the pilot program shall be 80 percent.
(B) In determining the allowable costs, the Administrator
shall deduct from the total costs of the activities described
in subsection (a) that portion of the costs which is equal to
that portion of the total property to be redeveloped under
this section that is not owned or to be acquired by the
airport operator pursuant to the noise compatibility program
or that is not owned by the affected neighboring local
jurisdictions or other public entities.
(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 the pilot program at any single
public-use airport.
(4) Exception.--Amounts paid to the Administrator under
subsection (c)(3)--
(A) shall be in addition to amounts authorized under
section 48203 of title 49, United States Code;
(B) shall not be subject to any limitation on grant
obligations for any fiscal year; and
(C) shall remain available until expended.
(e) Use of Passenger Revenue.--An airport sponsor that owns
or operates an airport participating in the pilot program may
use passenger facility revenue collected under section 40117
of title 49, United States Code, to pay any project cost
described in subsection (a) that is not financed by a grant
under the program.
(f) Sunset.--This section, other than the amendments made
by subsections (b), shall not be in effect after September
30, 2011.
(g) Report to Congress.--The Administrator shall report to
Congress within 18 months after making the first grant under
this section on the effectiveness of this program on
returning part 150 lands to productive use.
SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS.
(a) In General.--Subchapter I of chapter 417 is amended by
adding at the end thereof the following:
``Sec. 41724. Musical instruments
``(a) In General.--
``(1) Small instruments as carry-on baggage.--An air
carrier providing air transportation shall permit a passenger
to carry a violin, guitar, or other musical instrument in the
aircraft cabin without charge if--
``(A) the instrument can be stowed safely in a suitable
baggage compartment in the aircraft cabin or under a
passenger seat; and
``(B) there is space for such stowage at the time the
passenger boards the aircraft.
``(2) Larger instruments as carry-on baggage.--An air
carrier providing air transportation shall permit a passenger
to carry a musical instrument that is too large to meet the
requirements of paragraph (1) in the aircraft cabin without
charge if--
``(A) the instrument is contained in a case or covered so
as to avoid injury to other passengers;
``(B) the weight of the instrument, including the case or
covering, does not exceed 165 pounds;
``(C) the instrument can be secured by a seat belt to avoid
shifting during flight;
``(D) the instrument does not restrict access to, or use
of, any required emergency exit, regular exit, or aisle;
``(E) the instrument does not obscure any passenger's view
of any illuminated exit, warning, or other informational
sign;
``(F) neither the instrument nor the case contains any
object not otherwise permitted to be carried in an aircraft
cabin because of a law or regulation of the United States;
and
``(G) the passenger wishing to carry the instrument in the
aircraft cabin has purchased an additional seat to
accommodate the instrument.
``(3) Large instruments as checked baggage.--An air carrier
shall transport as baggage, without charge, a musical
instrument that is the property of a passenger traveling in
air transportation that may not be carried in the aircraft
cabin 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
``(B) the weight of the instrument does not exceed 165
pounds.
``(b) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to implement
subsection (a).''.
(b) Conforming Amendment.--The table of contents for
chapter 417 is amended by inserting after the item relating
to section 41723 the following:
``41724. Musical instruments''.
(c) Effective Date.--The amendments made by this section
shall take effect 30 days after the date of enactment of this
Act.
SEC. 714. RECYCLING PLANS FOR AIRPORTS.
(a) Airport Planning.--Section 47102(5) is amended by
striking ``planning.'' and inserting ``planning and a plan
for recycling and minimizing the generation of airport solid
waste, consistent with applicable State and local recycling
laws, including the cost of a waste audit.''.
(b) Master Plan.--Section 47106(a) is amended--
(1) by striking ``and'' in paragraph (4);
(2) by striking ``proposed.'' in paragraph (5) and
inserting ``proposed; and''; and
(3) by adding at the end the following:
``(6) if the project is for an airport that has an airport
master plan, the master plan addresses--
``(A) the feasibility of solid waste recycling at the
airport;
``(B) minimizing the generation of solid waste at the
airport;
``(C) operation and maintenance requirements;
``(D) the review of waste management contracts;
``(E) the potential for cost savings or the generation of
revenue; and
``(F) training and education requirements.''.
SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
ADJUSTMENTS.
(a) Purpose.--It is the purpose of the airport
disadvantaged business enterprise program (49 U.S.C. 47107(e)
and 47113) to ensure that minority- and women-owned
businesses do not face barriers because of their race or
gender and so that they have a fair opportunity to compete in
Federally assisted airport contracts and concessions.
(b) Findings.--The 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 barrier for minority- and women-owned
businesses seeking to do business in airport-related markets.
This continuing barrier merits the continuation of the
airport disadvantaged business enterprise program.
(2) The Congress has received recent evidence of
discrimination from numerous 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. This evidence also shows that race-
and gender-neutral efforts alone are insufficient to address
the problem.
(3) This evidence demonstrates that discrimination across
the nation poses a barrier to full and fair participation in
airport related businesses of women business owners and
minority business owners in the racial groups detailed in
parts 23 and 26 of title 49, Code of Federal Regulations, and
has impacted firm development and many aspects of airport
related business in the public and private markets.
(4) This evidence provides a strong basis for the
continuation of the airport disadvantaged business enterprise
program and the airport concessions disadvantaged business
enterprise program.
(c) 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 Air Transportation Modernization and
Safety Improvement Act, 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 to the Secretary such sums as
may be necessary to carry out this paragraph.''.
(d) Report.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall submit a report to
the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and other appropriate
committees of Congress on the results of the training program
conducted under section 47107(e)(8) of title 49, United
States Code, as added by subsection (a).
(e) 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.--Not later than 180 days
after the date of enactment of the
[[Page H2362]]
FAA Air Transportation Modernization and Safety Improvement
Act, 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.
``(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 the FAA Air Transportation Modernization and
Safety Improvement Act, 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 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 the FAA Air Transportation Modernization and
Safety Improvement Act, the Secretary shall issue a final
rule to establish the program under paragraph (1).''.
SEC. 716. FRONT LINE MANAGER STAFFING.
(a) Study.--Not later than 45 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 may 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 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure a report on the results of the study and a
description of any determinations submitted to the Chief
Operating Officer under subsection (c).
SEC. 717. 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 a report to the Secretary of
Transportation, the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives
Committee on Transportation and Infrastructure containing the
Government Accountability Office's 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
Senate Committee on Commerce, Science, and Transportation,
and the House of Representatives Committee on Transportation
and Infrastructure 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.
SEC. 718. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN
WASHINGTON AIRPORTS AUTHORITY.
(a) In General.--Section 49108 is repealed.
(b) Conforming Repeal.--The table of sections for chapter
491 is amended by striking the item relating to section
49108.
SEC. 719. STUDY OF AERONAUTICAL MOBILE TELEMETRY.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation
Administration, in consultation with other Federal agencies,
shall submit a report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Science and Technology, and the House of
Representatives Committee on Energy and Commerce that
identifies--
(1) the current and anticipated need over the next decade
by civil aviation, including equipment manufacturers, for
aeronautical mobile telemetry services; and
(2) the potential impact to the aerospace industry of the
introduction of a new radio service operating in the same
spectrum allocated to the aeronautical mobile telemetry
service.
SEC. 720. FLIGHTCREW MEMBER PAIRING AND CREW RESOURCE
MANAGEMENT TECHNIQUES.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study on aviation industry
best practices with regard to flightcrew member pairing, crew
resource management techniques, and pilot commuting.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit a
report to the House of Representatives Committee on
Transportation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation on the results of the
study.
SEC. 721. CONSOLIDATION OR ELIMINATION OF OBSOLETE,
REDUNDANT, OR OTHERWISE UNNECESSARY REPORTS;
USE OF ELECTRONIC MEDIA FORMAT.
(a) Consolidation or Elimination of Reports.--No later than
2 years after the date of enactment of this Act, and every 2
years thereafter, the Administrator of the Federal Aviation
Administration shall submit a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure containing--
(1) a list of obsolete, redundant, or otherwise unnecessary
reports the Administration is required by law to submit to
the Congress or publish that the Administrator recommends
eliminating or consolidating with other reports; and
(2) an estimate of the cost savings that would result from
the elimination or consolidation of those reports.
(b) Use of Electronic Media for Reports.--
(1) In general.--Notwithstanding any other provision of
law, the Federal Aviation Administration--
(A) may not publish any report required or authorized by
law in printed format; and
(B) shall publish any such report by posting it on the
Administration's website in an easily accessible and
downloadable electronic format.
[[Page H2363]]
(2) Exception.--Paragraph (1) does not apply to any report
with respect to which the Administrator determines that--
(A) its publication in printed format is essential to the
mission of the Federal Aviation Administration; or
(B) its publication in accordance with the requirements of
paragraph (1) would disclose matter--
(i) described in section 552(b) of title 5, United States
Code; or
(ii) the disclosure of which would have an adverse impact
on aviation safety or security, as determined by the
Administrator.
SEC. 722. LINE CHECK EVALUATIONS.
Section 44729(h) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR TRAFFIC
CONTROL TOWER.
Not later than 90 days after the date of the enactment of
this Act, the Administrator of the Federal Aviation
Administration shall report to the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives, on the Federal Aviation Administration's
plan to staff the Newark Liberty Airport air traffic control
tower at negotiated staffing levels within 1 year after such
date of enactment.
SEC. 724 PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD
WEATHER STATES.
The Administrator of the Federal Aviation Administration
shall, to the maximum extent practicable, schedule the
Administrator's review of construction projects so that
projects to be carried out in States in which the weather
during a typical calendar year prevents major construction
projects from being carried out before May 1 are reviewed as
early as possible.
SEC. 725. AIR-RAIL CODESHARE STUDY.
(a) Codeshare Study.--Not later than 180 days after the
date of the enactment of this Act, the GAO shall conduct a
study of--
(1) the current airline and intercity passenger rail
codeshare arrangements;
(2) the feasibility and costs to taxpayers and passengers
of increasing intermodal connectivity of airline and
intercity passenger rail facilities and systems to improve
passenger travel.
(b) Considerations.--The study shall consider--
(1) the potential benefits to passengers and costs to
taxpayers from the implementation of more integrated
scheduling between airlines and Amtrak or other intercity
passenger rail carriers achieved through codesharing
arrangements;
(2) airport operations that can improve connectivity to
intercity passenger rail facilities and stations.
(c) Report.--Not later than 1 year after commencing the
study required by subsection (a), the Comptroller shall
submit the report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives. The report shall include any conclusions of
the Comptroller resulting from the study.
SEC. 726. ON-GOING MONITORING OF AND REPORT ON THE NEW YORK/
NEW JERSEY/PHILADELPHIA METROPOLITAN AREA
AIRSPACE REDESIGN.
Not later than 270 days after the date of the enactment of
this Act and every 180 days thereafter until the completion
of the New York/New Jersey/Philadelphia Metropolitan Area
Airspace Redesign, the Administrator of the Federal Aviation
Administration shall, in conjunction with the Port Authority
of New York and New Jersey and the Philadelphia International
Airport--
(1) monitor the air noise impacts of the New York/New
Jersey/Philadelphia Metropolitan Area Airspace Redesign; and
(2) submit to Congress a report on the findings of the
Administrator with respect to the monitoring described in
paragraph (1).
SEC. 727. STUDY ON AVIATION FUEL PRICES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study and report to Congress on
the impact of increases in aviation fuel prices on the
Airport and Airway Trust Fund and the aviation industry in
general. The study shall include the impact of increases in
aviation fuel prices on--
(1) general aviation;
(2) commercial passenger aviation;
(3) piston aircraft purchase and use;
(4) the aviation services industry, including repair and
maintenance services;
(5) aviation manufacturing;
(6) aviation exports; and
(7) the use of small airport installations.
(b) Assumptions About Aviation Fuel Prices.--In conducting
the study required by subsection (a), the Comptroller General
shall use the average aviation fuel price for fiscal year
2010 as a baseline and measure the impact of increases in
aviation fuel prices that range from 5 percent to 200 percent
over the 2010 baseline.
SEC. 728. LAND CONVEYANCE FOR SOUTHERN NEVADA SUPPLEMENTAL
AIRPORT.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Clark County,
Nevada.
(2) Public land.--The term ``public land'' means the land
located at--
(A) sec. 23 and sec. 26, T. 26 S., R. 59 E., Mount Diablo
Meridian;
(B) the NE \1/4\ and the N \1/2\ of the SE \1/4\ of sec. 6,
T. 25 S., R. 59 E., Mount Diablo Meridian, together with the
SE \1/4\ of sec. 31, T. 24 S., R. 59 E., Mount Diablo
Meridian; and
(C) sec. 8, T. 26 S., R. 60 E., Mount Diablo Meridian.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Land Conveyance.--
(1) In general.--As soon as practicable after the date
described in paragraph (2), subject to valid existing rights,
and notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary
shall convey to the County, without consideration, all right,
title, and interest of the United States in and to the public
land.
(2) Date on which conveyance may be made.--The Secretary
shall not make the conveyance described in paragraph (1)
until the later of the date on which the Administrator of the
Federal Aviation Administration has--
(A) approved an airport layout plan for an airport to be
located in the Ivanpah Valley; and
(B) with respect to the construction and operation of an
airport on the site conveyed to the County pursuant to
section 2(a) of the Ivanpah Valley Airport Public Lands
Transfer Act (Public Law 106-362; 114 Stat. 1404), issued a
record of decision after the preparation of an environmental
impact statement or similar analysis required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(3) Withdrawal.--Subject to valid existing rights, the
public land to be conveyed under paragraph (1) is withdrawn
from--
(A) location, entry, and patent under the mining laws; and
(B) operation of the mineral leasing and geothermal leasing
laws.
(4) Use.--The public land conveyed under paragraph (1)
shall be used for the development of flood mitigation
infrastructure for the Southern Nevada Supplemental Airport.
SEC. 729. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS
OPERATING CHARITABLE MEDICAL FLIGHTS.
In administering part 61.113(c) of title 14, Code of
Federal Regulations, the Administrator of the Federal
Aviation Administration shall allow an aircraft owner or
aircraft operator who has volunteered to provide
transportation for an individual or individuals for medical
purposes to accept reimbursement to cover all or part of the
fuel costs associated with the operation from a volunteer
pilot organization.
SEC. 730. CYLINDERS OF COMPRESSED OXYGEN, NITROUS OXIDE, OR
OTHER OXIDIZING GASES.
(a) In General.--The transportation within Alaska of
cylinders of compressed oxygen, nitrous oxide, or other
oxidizing gases aboard aircraft shall be exempt from
compliance with the requirements, under sections
173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4) of the
Pipeline and Hazardous Material Safety Administration's
regulations (49 C.F.R. 173.302(f)(3) and (f)(4) and
173.304(f)(3) and (f)(4)), that oxidizing gases transported
aboard aircraft be enclosed in outer packaging capable of
passing the flame penetration and resistance test and the
thermal resistance test, without regard to the end use of the
cylinders, if--
(1) there is no other practical means of transportation for
transporting the cylinders to their destination and
transportation by ground or vessel is unavailable; and
(2) the transportation meets the requirements of subsection
(b).
(b) Exemption Requirements.--Subsection (a) shall not apply
to the transportation of cylinders of compressed oxygen,
nitrous oxide, or other oxidizing gases aboard aircraft
unless the following requirements are met:
(1) Packaging.--
(A) Smaller cylinders.--Each cylinder with a capacity of
not more than 116 cubic feet shall be--
(i) fully covered with a fire or flame resistant blanket
that is secured in place; and
(ii) placed in a rigid outer packaging or an ATA 300
Category 1 shipping container.
(B) Larger cylinders.--Each cylinder with a capacity of
more than 116 cubic feet but not more than 281 cubic feet
shall be--
(i) secured within a frame;
(ii) fully covered with a fire or flame resistant blanket
that is secured in place; and
(iii) fitted with a securely attached metal cap of
sufficient strength to protect the valve from damage during
transportation.
(2) Operational controls.--
(A) Storage; access to fire extinguishers.--Unless the
cylinders are stored in a Class C cargo compartment or its
equivalent on the aircraft, crew members shall have access to
the cylinders and at least 2 fire extinguishers shall be
readily available for use by the crew members.
(B) Shipment with other hazardous materials.--The cylinders
may not be transported in the same aircraft with other
hazardous materials other than Division 2.2 materials with no
subsidiary risk, Class 9 materials, and ORM-D materials.
(3) Aircraft requirements.--
(A) Aircraft type.--The transportation shall be provided
only aboard a passenger-carrying aircraft or a cargo
aircraft.
(B) Passenger-carrying aircraft.--
(i) Smaller cylinders only.--A cylinder with a capacity of
more than 116 cubic feet may not be transported aboard a
passenger-carrying aircraft.
(ii) Maximum number.--Unless transported in a Class C cargo
compartment or its equivalent, no more than 6 cylinders in
each cargo compartment may be transported aboard a passenger-
carrying aircraft.
(C) Cargo aircraft.--A cylinder may not be transported
aboard a cargo aircraft unless it is transported in a Class B
cargo compartment or a Class C cargo compartment or its
equivalent.
(c) Definitions.--Terms used in this section shall have the
meaning given those terms in parts 106, 107, and 171 through
180 of the Pipeline and Hazardous Material Safety
Administration's regulations (49 C.F.R. parts 106, 107, and
171-180).
[[Page H2364]]
SEC. 731. TECHNICAL CORRECTION.
Section 159(b)(2)(C) of title I of division A of the
Consolidated Appropriations Act, 2010, is amended by striking
clauses (i) and (ii) and inserting the following:
``(i) requiring inspections of any container containing a
firearm or ammunition; and
``(ii) the temporary suspension of firearm carriage service
if credible intelligence information indicates a threat
related to the national rail system or specific routes or
trains.''.
SEC. 732. PLAN FOR FLYING SCIENTIFIC INSTRUMENTS ON
COMMERCIAL FLIGHTS.
(a) Plan Development.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of
Transportation and the Secretary of Commerce, in consultation
with interested representatives of the aviation industry and
other relevant agencies, shall develop a plan and process to
allow Federal agencies to fly scientific instruments on
commercial flights with airlines who volunteer, for the
purpose of taking measurements to improve weather
forecasting.
TITLE VIII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
SEC. 800. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
SEC. 801. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) is
amended by striking ``March 31, 2010'' and inserting
``September 30, 2013''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) is
amended by striking ``March 31, 2010'' and inserting
``September 30, 2013''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) is
amended by striking ``March 31, 2010'' and inserting
``September 30, 2013''.
(c) Effective Date.--The amendments made by this section
shall take effect on April 1, 2010.
SEC. 802. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURE AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) is
amended--
(1) by striking ``April 1, 2010'' in the matter preceding
subparagraph (A) and inserting ``October 1, 2013'', and
(2) by striking the semicolon at the end of subparagraph
(A) and inserting ``or the FAA Air Transportation
Modernization and Safety Improvement Act;''.
(b) Conforming Amendment.--Paragraph (2) of section 9502(e)
is amended by striking ``April 1, 2010'' and inserting
``October 1, 2013''.
(c) Effective Date.--The amendments made by this section
shall take effect on April 1, 2010.
SEC. 803. MODIFICATION OF EXCISE TAX ON KEROSENE USED IN
AVIATION.
(a) Rate of Tax on Aviation-grade Kerosene.--
(1) In general.--Subparagraph (A) of section 4081(a)(2)
(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) Fuel removed directly into fuel tank of airplane used
in noncommercial aviation.--Subparagraph (C) of section
4081(a)(2) 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.''.
(3) Exemption for aviation-grade kerosene removed into an
aircraft.--Subsection (e) of section 4082 is amended--
(A) by striking ``kerosene'' and inserting ``aviation-grade
kerosene'',
(B) by striking ``section 4081(a)(2)(A)(iii)'' and
inserting ``section 4081(a)(2)(A)(iv)'', and
(C) by striking ``Kerosene'' in the heading and inserting
``Aviation-Grade Kerosene''.
(4) Conforming amendments.--
(A) Clause (iii) of section 4081(a)(2)(A) is amended by
inserting ``other than aviation-grade kerosene'' after
``kerosene''.
(B) The following provisions 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) 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) is amended--
(i) in the heading by striking ``kerosene'' and inserting
``aviation-grade kerosene'', and
(ii) by striking ``paragraph (2)(C)(i)'' and inserting
``paragraph (2)(C)''.
(E) Section 4081(d)(2) is amended by striking
``(a)(2)(C)(ii)'' and inserting ``(a)(2)(A)(iv)''.
(b) Retail Tax on Aviation Fuel.--
(1) Exemption for previously taxed fuel.--Paragraph (2) of
section 4041(c) 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) 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).''.
(c) Refunds Relating to Aviation-grade Kerosene.--
(1) Kerosene used in commercial aviation.--Clause (ii) of
section 6427(l)(4)(A) 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) 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 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 4082(d)(2)(B) is amended by striking
``6427(l)(5)(B)'' and inserting ``6427(l)(6)(B)''.
(B) Section 6427(i)(4) is amended--
(i) by striking ``(4)(C)'' the first two places it occurs
and inserting ``(4)(B)'', and
(ii) by striking ``, (l)(4)(C)(ii), and'' and inserting
``and''.
(C) The heading of section 6427(l) is amended by striking
``Diesel Fuel and Kerosene'' and inserting ``Diesel Fuel,
Kerosene, and Aviation Fuel''.
(D) Section 6427(l)(1) is amended by striking ``paragraph
(4)(C)(i)'' and inserting ``paragraph (4)(B)''.
(E) Section 6427(l)(4) is amended--
(i) by striking ``kerosene used in aviation'' in the
heading and inserting ``aviation-grade kerosene used in
commercial aviation'', and
(ii) in subparagraph (A)--
(I) by striking ``kerosene'' and inserting ``aviation-grade
kerosene'',
(II) by striking ``Kerosene used in commercial aviation''
in the heading and inserting ``In general''.
(d) Transfers to the Airport and Airway Trust Fund.--
(1) In general.--Subparagraph (C) of section 9502(b)(1) is
amended to read as follows:
``(C) section 4081 with respect to aviation gasoline and
aviation-grade kerosene, and''.
(2) Transfers on account of certain refunds.--
(A) In general.--Subsection (d) of section 9502 is
amended--
(i) in paragraph (2) by striking ``(other than subsection
(l)(4) thereof)'', and
(ii) in paragraph (3) by striking ``(other than payments
made by reason of paragraph (4) of section 6427(l))''.
(B) Conforming amendments.--
(i) Section 9503(b)(4) 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) is amended by striking paragraph (6).
(iii) Section 9502(a) is amended--
(I) by striking ``appropriated, credited, or paid into''
and inserting ``appropriated or credited to'', and
(II) by striking ``, section 9503(c)(7),''.
(e) Effective Date.--The amendments made by this section
shall apply to fuels removed, entered, or sold after June 30,
2010.
(f) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of aviation fuel which
is held on July 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
July 1, 2010, shall be liable for such tax.
(B) Time and method of payment.--The tax imposed by
paragraph (1) shall be paid at such
[[Page H2365]]
time 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 section
4081(a)(2)(A)(iv) of the Internal Revenue Code of 1986.
(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 July 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 (5).
(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 the Internal Revenue Code of 1986; 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 the Internal Revenue Code of 1986
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.
SEC. 804. AIR TRAFFIC CONTROL SYSTEM MODERNIZATION ACCOUNT.
(a) In General.--Section 9502 (relating to the Airport and
Airway Trust Fund) is amended by adding at the end the
following new subsection:
``(f) Establishment of Air Traffic Control System
Modernization Account.--
``(1) Creation of account.--There is established in the
Airport and Airway Trust Fund a separate account to be known
as the `Air Traffic Control System Modernization Account'
consisting of such amounts as may be transferred or credited
to the Air Traffic Control System Modernization Account as
provided in this subsection or section 9602(b).
``(2) Transfers to air traffic control system modernization
account.--On October 1, 2010, and annually thereafter the
Secretary shall transfer $400,000,000 to the Air Traffic
Control System Modernization Account from amounts
appropriated to the Airport and Airway Trust Fund under
subsection (b) which are attributable to taxes on aviation-
grade kerosene.
``(3) Expenditures from account.--Amounts in the Air
Traffic Control System Modernization Account shall be
available subject to appropriation for expenditures relating
to the modernization of the air traffic control system
(including facility and equipment account expenditures).''.
(b) Conforming Amendment.--Section 9502(d)(1) is amended by
striking ``Amounts'' and inserting ``Except as provided in
subsection (f), amounts''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP
PROGRAMS.
(a) Fuel Surtax.--
(1) In general.--Subchapter B of chapter 31 is amended by
adding at the end the following new section:
``SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF A
FRACTIONAL OWNERSHIP PROGRAM.
``(a) In General.--There is hereby imposed a tax on any
liquid used during any calendar quarter by any person as a
fuel in an aircraft which is--
``(1) registered in the United States, and
``(2) part of a fractional ownership aircraft program.
``(b) Amount of Tax.--The rate of tax imposed by subsection
(a) is 14.1 cents per gallon.
``(c) Fractional Ownership Aircraft Program.--For purposes
of this section--
``(1) In general.--The term `fractional ownership aircraft
program' means a program under which--
``(A) a single fractional ownership program manager
provides fractional ownership program management services on
behalf of the fractional owners,
``(B) 2 or more airworthy aircraft are part of the program,
``(C) there are 1 or more fractional owners per program
aircraft, with at least 1 program aircraft having more than 1
owner,
``(D) each fractional owner possesses at least a minimum
fractional ownership interest in 1 or more program aircraft,
``(E) there exists a dry-lease exchange arrangement among
all of the fractional owners, and
``(F) there are multi-year program agreements covering the
fractional ownership, fractional ownership program management
services, and dry-lease aircraft exchange aspects of the
program.
``(2) Minimum fractional ownership interest.--
``(A) In general.--The term `minimum fractional ownership
interest' means, with respect to each type of aircraft--
``(i) a fractional ownership interest equal to or greater
than \1/16\ of at least 1 subsonic, fixed wing or powered
lift program aircraft, or
``(ii) a fractional ownership interest equal to or greater
than \1/32\ of a least 1 rotorcraft program aircraft.
``(B) Fractional ownership interest.--The term `fractional
ownership interest' means--
``(i) the ownership of an interest in a program aircraft,
``(ii) the holding of a multi-year leasehold interest in a
program aircraft, or
``(iii) the holding of a multi-year leasehold interest
which is convertible into an ownership interest in a program
aircraft.
``(3) Dry-lease exchange arrangement.--A `dry-lease
aircraft exchange' means an agreement, documented by the
written program agreements, under which the program aircraft
are available, on an as needed basis without crew, to each
fractional owner.
``(d) Termination.--This section shall not apply to liquids
used as a fuel in an aircraft after September 30, 2013.''.
(2) Conforming amendment.--Section 4082(e) is amended by
inserting ``(other than an aircraft described in section
4043(a))'' after ``an aircraft''.
(3) Transfer of revenues to airport and airway trust
fund.--Section 9502(b)(1) is amended by redesignating
subparagraphs (B) and (C) as subparagraphs (C) and (D),
respectively, and by inserting after subparagraph (A) the
following new subparagraph:
``(B) section 4043 (relating to surtax on fuel used in
aircraft part of a fractional ownership program),''.
(4) Clerical amendment.--The table of sections for
subchapter B of chapter 31 is amended by adding at the end
the following new item:
``Sec. 4043. Surtax on fuel used in aircraft part of a fractional
ownership program.''.
(b) Fractional Ownership Programs Treated as Non-commercial
Aviation.--Subsection (b) of section 4083 is amended by
adding at the end the following new sentence: ``For uses of
aircraft before October 1, 2013, such term shall not include
the use of any aircraft which is part of a fractional
ownership aircraft program (as defined by section
4043(c)).''.
(c) Exemption From Tax on Transportation of Persons.--
Section 4261, as amended by this Act, is amended by
redesignating subsection (j) as subsection (k) and by
inserting after subsection (i) the following new subsection:
``(j) Exemption for Aircraft in Fractional Ownership
Aircraft Programs.--No tax shall be imposed by this section
or section 4271 on any air transportation provided before
October 1, 2013, by an aircraft which is part of a fractional
ownership aircraft program (as defined by section
4043(c)).''.
(d) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to fuel used after June 30, 2010.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to uses of aircraft after June 30, 2010.
(3) Subsection (c).--The amendments made by subsection (c)
shall apply to taxable transportation provided after June 30,
2010.
SEC. 806. TERMINATION OF EXEMPTION FOR SMALL AIRCRAFT ON
NONESTABLISHED LINES.
(a) In General.--Section 4281 is amended to read as
follows:
``SEC. 4281. SMALL AIRCRAFT OPERATED SOLELY FOR SIGHTSEEING.
``The taxes imposed by sections 4261 and 4271 shall not
apply to transportation by an aircraft having a maximum
certificated takeoff weight of 6,000 pounds or less at any
time during which such aircraft is being operated on a flight
the sole purpose of which is sightseeing. For purposes of the
preceding sentence, the term `maximum certificated takeoff
weight' means the maximum such weight contained in the type
certificate or airworthiness certificate.''.
(b) Conforming Amendment.--The item relating to section
4281 in the table of sections for part III of subchapter C of
chapter 33 is amended by striking ``on nonestablished lines''
and inserting ``operated solely for sightseeing''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable transportation provided after June 30,
2010.
SEC. 807. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.
(a) In General.--Section 7275 (relating to penalty for
offenses relating to certain airline tickets and advertising)
is amended--
[[Page H2366]]
(1) by redesignating subsection (c) as subsection (d),
(2) by striking ``subsection (a) or (b)'' in subsection
(d), as so redesignated, and inserting ``subsection (a), (b),
or (c)'', and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Non-tax Charges.--
``(1) In general.--In the case of transportation by air for
which disclosure on the ticket or advertising for such
transportation of the amounts paid for passenger taxes is
required by subsection (a)(2) or (b)(1)(B), it shall be
unlawful for the disclosure of the amount of such taxes on
such ticket or advertising to include any amounts not
attributable to the taxes imposed by subsection (a), (b), or
(c) of section 4261.
``(2) Inclusion in transportation cost.--Nothing in this
subsection shall prohibit the inclusion of amounts not
attributable to the taxes imposed by subsection (a), (b), or
(c) of section 4261 in the disclosure of the amount paid for
transportation as required by subsection (a)(1) or (b)(1)(A),
or in a separate disclosure of amounts not attributable to
such taxes.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable transportation provided after June 30,
2010.
TITLE IX--BUDGETARY EFFECTS
SEC. 901. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
TITLE X--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL
REPORTING REQUIREMENT
SEC. 1001. DEFINITION.
In this title, the term ``earmark'' means the following:
(1) A congressionally directed spending item, as defined in
Rule XLIV of the Standing Rules of the Senate.
(2) A congressional earmark, as defined for purposes of
Rule XXI of the Rules of the House of Representatives.
SEC. 1002. RESCISSION.
Any earmark of funds provided for the Department of
Transportation with more than 90 percent of the appropriated
amount remaining available for obligation at the end of the
9th fiscal year following the fiscal year in which the
earmark was made available is rescinded effective at the end
of that 9th fiscal year, except that the Secretary of
Transportation may delay any such rescission if the Secretary
determines that an additional obligation of the earmark is
likely to occur during the following 12-month period.
SEC. 1003. AGENCY WIDE IDENTIFICATION AND REPORTS.
(a) Agency Identification.--Each Federal agency shall
identify and report every project that is an earmark with an
unobligated balance at the end of each fiscal year to the
Director of OMB.
(b) Annual Report.--The Director of OMB shall submit to
Congress and publically post on the website of OMB an annual
report that includes--
(1) a listing and accounting for earmarks with unobligated
balances summarized by agency including the amount of the
original earmark, amount of the unobligated balance, and the
year when the funding expires, if applicable;
(2) the number of rescissions resulting from this title and
the annual savings resulting from this title for the previous
fiscal year; and
(3) a listing and accounting for earmarks provided for the
Department of Transportation scheduled to be rescinded at the
end of the current fiscal year.
Amend the title so as to read: ``An Act to modernize the
air traffic control system, improve the safety, reliability,
and availability of transportation by air in the United
States, provide for modernization of the air traffic control
system, reauthorize the Federal Aviation Administration, and
for other purposes.''.
Motion to Concur
Mr. OBERSTAR. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Motion offered by Mr. Oberstar of Minnesota:
Mr. Oberstar moves that the House concur in the Senate
amendment to the title and that the House concur in the
Senate amendment to the text with an amendment.
The text of the House amendment to the Senate amendment is as
follows:
House amendment to Senate amendment:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Aviation
Safety and Investment Act of 2010''.
(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. Participation of disadvantaged business enterprises in
contracts, subcontracts, and business opportunities
funded using passenger facility revenues and in airport
concessions.
Sec. 116. 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. Preference for small business concerns owned and controlled
by disabled veterans.
Sec. 137. Airport disadvantaged business enterprise program.
Sec. 138. Training program for certification of disadvantaged business
enterprises.
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.
Sec. 312. Cockpit smoke.
[[Page H2367]]
Sec. 313. Safety of helicopter air ambulance operations.
Sec. 314. Feasibility of requiring helicopter pilots to use night
vision goggles.
Sec. 315. Study of helicopter and fixed wing air ambulance services.
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.
Subtitle D--Airline Safety and Pilot Training Improvement
Sec. 341. Short title.
Sec. 342. Definitions.
Sec. 343. FAA Task Force on Air Carrier Safety and Pilot Training.
Sec. 344. Implementation of NTSB flight crewmember training
recommendations.
Sec. 345. Secretary of Transportation responses to safety
recommendations.
Sec. 346. FAA pilot records database.
Sec. 347. FAA rulemaking on training programs.
Sec. 348. Aviation safety inspectors and operational research analysts.
Sec. 349. Flight crewmember mentoring, professional development, and
leadership.
Sec. 350. Flight crewmember screening and qualifications.
Sec. 351. Airline transport pilot certification.
Sec. 352. Flight schools, flight education, and pilot academic
training.
Sec. 353. Voluntary safety programs.
Sec. 354. ASAP and FOQA implementation plan.
Sec. 355. Safety management systems.
Sec. 356. Disclosure of air carriers operating flights for tickets sold
for air transportation.
Sec. 357. Pilot fatigue.
Sec. 358. Flight crewmember pairing and crew resource management
techniques.
TITLE IV--AIR SERVICE IMPROVEMENTS
Sec. 401. Smoking prohibition.
Sec. 402. Monthly air carrier reports.
Sec. 403. Flight operations at Reagan National Airport.
Sec. 404. EAS contract guidelines.
Sec. 405. Essential air service reform.
Sec. 406. Small community air service.
Sec. 407. Air passenger service improvements.
Sec. 408. Contents of competition plans.
Sec. 409. Extension of competitive access reports.
Sec. 410. Contract tower program.
Sec. 411. Airfares for members of the Armed Forces.
Sec. 412. Repeal of essential air service local participation program.
Sec. 413. Adjustment to subsidy cap to reflect increased fuel costs.
Sec. 414. Notice to communities prior to termination of eligibility for
subsidized essential air service.
Sec. 415. Restoration of eligibility to a place determined by the
Secretary to be ineligible for subsidized essential air
service.
Sec. 416. Office of Rural Aviation.
Sec. 417. Adjustments to compensation for significantly increased
costs.
Sec. 418. Review of air carrier flight delays, cancellations, and
associated causes.
Sec. 419. European Union rules for passenger rights.
Sec. 420. Establishment of advisory committee for aviation consumer
protection.
Sec. 421. Denied boarding compensation.
Sec. 422. Compensation for delayed baggage.
Sec. 423. Schedule reduction.
Sec. 424. Expansion of DOT airline consumer complaint investigations.
Sec. 425. Prohibitions against voice communications using mobile
communications devices on scheduled flights.
Sec. 426. Antitrust exemptions.
Sec. 427. Musical instruments.
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. Determination of fair market value of residential properties.
Sec. 506. Soundproofing of residences.
Sec. 507. CLEEN research, development, and implementation partnership.
Sec. 508. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise levels.
Sec. 509. Environmental mitigation pilot program.
Sec. 510. Aircraft departure queue management pilot program.
Sec. 511. High performance and sustainable air traffic control
facilities.
Sec. 512. Regulatory responsibility for aircraft engine noise and
emissions standards.
Sec. 513. Cabin air quality technology.
Sec. 514. Sense of Congress.
Sec. 515. Airport noise compatibility planning study, Port Authority of
New York and New Jersey.
Sec. 516. GAO study on compliance with FAA record of decision.
Sec. 517. Westchester County Airport, New York.
Sec. 518. Aviation noise complaints.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. Merit system principles and prohibited personnel practices.
Sec. 603. Applicability of back pay requirements.
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 and humidity 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. FAA radar signal locations.
Sec. 825. Wind turbine lighting.
Sec. 826. Prohibition on use of certain funds.
Sec. 827. Limiting access to flight decks of all-cargo aircraft.
Sec. 828. Whistleblowers at FAA.
Sec. 829. College Point Marine Transfer Station, New York.
Sec. 830. Pilot training and certification.
Sec. 831. St. George, Utah.
Sec. 832. Replacement of terminal radar approach control at Palm Beach
International Airport.
Sec. 833. Santa Monica Airport, California.
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.
TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING
Sec. 1001. Short title.
[[Page H2368]]
Sec. 1002. Extension and modification of taxes funding airport and
airway trust fund.
TITLE XI--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO-ACT OF 2010
Sec. 1101. Compliance provision.
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) $4,000,000,000 for fiscal year 2010;
``(2) $4,100,000,000 for fiscal year 2011; and
``(3) $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 2010 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 2010 through 2012 may be used for carrying out
airports technology research.''.
(c) Obligational Authority.--Section 47104(c) is amended by
striking ``September 30, 2009'' and inserting ``September 30,
2012''.
(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.
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) $3,259,000,000 for fiscal year 2010.
``(2) $3,353,000,000 for fiscal year 2011.
``(3) $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 2010 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
2010 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 2010 through 2012 may
be used to advance the development and implementation of
safety management systems.
``(f) Runway Incursion Reduction Programs.--Of amounts
appropriated under subsection (a), $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), $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), $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), $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), $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), $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) $9,531,272,000 for fiscal year 2010;
``(B) $9,936,259,000 for fiscal year 2011; and
``(C) $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 2010
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 ``2010
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 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 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;
``(14) 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;
[[Page H2369]]
``(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
``(15) 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.''.
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 fiscal year 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. 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
[[Page H2370]]
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).''.
SEC. 116. 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 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
September 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:
[[Page H2371]]
``(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).
``(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. PREFERENCE FOR SMALL BUSINESS CONCERNS OWNED AND
CONTROLLED BY DISABLED VETERANS.
Section 47112(c) is amended by adding at the end the
following:
``(3) A contract involving labor for carrying out an
airport development project under a grant agreement under
this subchapter must require that a preference be given to
the use of small business concerns (as defined in section 3
of the Small Business Act (15 U.S.C. 632)) owned and
controlled by disabled veterans.''.
SEC. 137. AIRPORT DISADVANTAGED BUSINESS 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.
[[Page H2372]]
(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 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).''.
SEC. 138. 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).
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 2009,'' and inserting ``fiscal years 2010 through
2012,''.
SEC. 143. USE OF APPORTIONED AMOUNTS.
Section 47117(e)(1)(A) is amended--
(1) in the first sentence--
(A) by striking ``35 percent'' and inserting
``$300,000,000'';
(B) by striking ``and'' after ``47141,''; and
(C) by inserting before the period at the end the
following: ``, and for water quality 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
(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).
[[Page H2373]]
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 ``September 30,
2009'' and inserting ``September 30, 2012''.
SEC. 149. REPEAL OF LIMITATIONS ON METROPOLITAN WASHINGTON
AIRPORTS AUTHORITY.
Section 49108, and the item relating to such section in the
analysis for chapter 491, are repealed.
SEC. 150. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking
``October 1, 2009,'' and inserting ``October 1, 2012,''.
SEC. 151. PUERTO RICO MINIMUM GUARANTEE.
Section 47114(e) is amended--
(1) in the subsection heading by inserting ``and Puerto
Rico'' after ``Alaska''; and
(2) by adding at the end the following:
``(5) Puerto rico minimum guarantee.--In any fiscal year in
which the total amount 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) 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.''.
[[Page H2374]]
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
``(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
[[Page H2375]]
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;
(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
(D) 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;
(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.
[[Page H2376]]
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.
(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 2010 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
[[Page H2377]]
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
2010 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
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 2010 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
$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 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
``(a) In General.--Not later than one year after the date
of enactment of this section, and annually thereafter, the
Administrator of the Federal Aviation Administration shall--
``(1) submit to Congress a certification that each foreign
repair station that is certified by the Administrator under
part 145 of title 14, Code of Federal Regulations, and
performs work on air carrier aircraft or components has been
inspected by safety inspectors of the Administration not
fewer than 2 times in the preceding calendar year;
``(2) modify the certification requirements under such part
to include testing for the use of 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; and
``(3) continue to hold discussions with countries that have
foreign repair stations that perform work on air carrier
aircraft and components to ensure harmonization of the safety
standards of such 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 H2378]]
(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.
(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
[[Page H2379]]
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.
(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).
SEC. 312. COCKPIT SMOKE.
(a) Study.--The Comptroller General shall conduct a study
on the effectiveness of oversight activities of the Federal
Aviation Administration relating to preventing or mitigating
the effects of dense continuous smoke in the cockpit of a
commercial aircraft.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit
to Congress a report on the results of the study.
SEC. 313. SAFETY OF HELICOPTER AIR AMBULANCE 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 air ambulance services and the
base locations of the helicopters.
[[Page H2380]]
``(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. 314. 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. 315. 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.
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.
[[Page H2381]]
(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 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
``(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;
``(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.''.
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
[[Page H2382]]
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,
including at least one employee selected by the exclusive
bargaining representative for aviation safety inspectors, on
a monthly basis to ensure that--
(1) any trends in regulatory compliance are identified; and
(2) appropriate corrective actions are taken in accordance
with Agency regulations, advisory 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) Inspector General Study.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct a study of the Voluntary
Disclosure Reporting Program.
(2) Review.--In conducting the study, the Inspector 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 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 Inspector 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.
Subtitle D--Airline Safety and Pilot Training Improvement
SEC. 341. SHORT TITLE.
This subtitle may be cited as the ``Airline Safety and
Pilot Training Improvement Act of 2010''.
SEC. 342. DEFINITIONS.
(a) Definitions.--In this subtitle, the following
definitions apply:
(1) Advanced qualification program.--The term ``advanced
qualification program'' means the program established by the
Federal Aviation Administration in Advisory Circular 120-54A,
dated June 23, 2006, including any subsequent revisions
thereto.
(2) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(3) Aviation safety action program.--The term ``aviation
safety action program'' means the program established by the
Federal Aviation Administration in Advisory Circular 120-66B,
dated November 15, 2002, including any subsequent revisions
thereto.
(4) Flight crewmember.--The term ``flight crewmember'' has
the meaning given that term in part 1.1 of title 14, Code of
Federal Regulations.
(5) Flight operational quality assurance program.--The term
``flight operational quality assurance program'' means the
program established by the Federal Aviation Administration in
Advisory Circular 120-82, dated April 12, 2004, including any
subsequent revisions thereto.
(6) Line operations safety audit.--The term ``line
operations safety audit'' means the procedure referenced by
the Federal Aviation Administration in Advisory Circular 120-
90, dated April 27, 2006, including any subsequent revisions
thereto.
(7) 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.
(8) Part 135 air carrier.--The term ``part 135 air
carrier'' means an air carrier that holds a certificate
issued under part 135 of title 14, Code of Federal
Regulations.
[[Page H2383]]
SEC. 343. FAA TASK FORCE ON AIR CARRIER SAFETY AND PILOT
TRAINING.
(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 Carrier Safety and
Pilot Training (in this section referred to as the ``Task
Force'').
(b) Composition.--The Task Force shall consist of members
appointed by the Administrator and shall include air carrier
representatives, labor union representatives, and aviation
safety experts with knowledge of foreign and domestic
regulatory requirements for flight crewmember education and
training.
(c) Duties.--The duties of the Task Force shall include, at
a minimum, evaluating best practices in the air carrier
industry and providing recommendations in the following
areas:
(1) Air carrier management responsibilities for flight
crewmember education and support.
(2) Flight crewmember professional standards.
(3) Flight crewmember training standards and performance.
(4) Mentoring and information sharing between air carriers.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, and before the last day of each 180-
day period thereafter until termination of the Task Force,
the Task Force 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 detailing--
(1) the progress of the Task Force in identifying best
practices in the air carrier industry;
(2) the progress of air carriers and labor unions in
implementing the best practices identified by the Task Force;
(3) recommendations of the Task Force, if any, for
legislative or regulatory actions;
(4) the progress of air carriers and labor unions in
implementing training-related, nonregulatory actions
recommended by the Administrator; and
(5) the progress of air carriers in developing specific
programs to share safety data and ensure implementation of
the most effective safety practices.
(e) Termination.--The Task Force shall terminate on
September 30, 2012.
(f) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Task Force.
SEC. 344. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER TRAINING
RECOMMENDATIONS.
(a) Rulemaking Proceedings.--
(1) Stall and upset recognition and recovery training.--The
Administrator of the Federal Aviation Administration shall
conduct a rulemaking proceeding to require part 121 air
carriers to provide flight crewmembers with ground training
and flight training or flight simulator training--
(A) to recognize and avoid a stall of an aircraft or, if
not avoided, to recover from the stall; and
(B) to recognize and avoid an upset of an aircraft or, if
not avoided, to execute such techniques as available data
indicate are appropriate to recover from the upset in a given
make, model, and series of aircraft.
(2) Remedial training programs.--The Administrator shall
conduct a rulemaking proceeding to require part 121 air
carriers to establish remedial training programs for flight
crewmembers who have demonstrated performance deficiencies or
experienced failures in the training environment.
(3) Deadlines.--The Administrator shall--
(A) not later than 180 days after the date of enactment of
this Act, issue a notice of proposed rulemaking under each of
paragraphs (1) and (2); and
(B) not later than 24 months after the date of enactment of
this Act, issue a final rule for the rulemaking under each of
paragraphs (1) and (2).
(b) Stick Pusher Training and Weather Event Training.--
(1) Multidisciplinary panel.--Not later than 120 days after
the date of enactment of this Act, the Administrator shall
convene a multidisciplinary panel of specialists in aircraft
operations, flight crewmember training, human factors, and
aviation safety to study and submit to the Administrator a
report on methods to increase the familiarity of flight
crewmembers with, and improve the response of flight
crewmembers to, stick pusher systems, icing conditions, and
microburst and windshear weather events.
(2) Report to congress and ntsb.--Not later than one year
after the date on which the Administrator convenes the panel,
the Administrator shall--
(A) submit to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and
the National Transportation Safety Board a report based on
the findings of the panel; and
(B) with respect to stick pusher systems, initiate
appropriate actions to implement the recommendations of the
panel.
(c) Definitions.--In this section, the following
definitions apply:
(1) Flight training and flight simulator.--The terms
``flight training'' and ``flight simulator'' have the
meanings given those terms in part 61.1 of title 14, Code of
Federal Regulations (or any successor regulation).
(2) Stall.--The term ``stall'' means an aerodynamic loss of
lift caused by exceeding the critical angle of attack.
(3) Stick pusher.--The term ``stick pusher'' means a device
that, at or near a stall, applies a nose down pitch force to
an aircraft's control columns to attempt to decrease the
aircraft's angle of attack.
(4) Upset.--The term ``upset'' means an unusual aircraft
attitude.
SEC. 345. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY
RECOMMENDATIONS.
(a) In General.--The first sentence of section 1135(a) of
title 49, United States Code, is amended by inserting ``to
the National Transportation Safety Board'' after ``shall
give''.
(b) Air Carrier Safety Recommendations.--Section 1135 of
such title is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Annual Report on Air Carrier Safety
Recommendations.--
``(1) In general.--The Secretary shall submit to Congress
and the Board, on an annual basis, a report on the
recommendations made by the Board to the Secretary regarding
air carrier operations conducted under part 121 of title 14,
Code of Federal Regulations.
``(2) Recommendations to be covered.--The report shall
cover--
``(A) any recommendation for which the Secretary has
developed, or intends to develop, procedures to adopt the
recommendation or part of the recommendation, but has yet to
complete the procedures; and
``(B) any recommendation for which the Secretary, in the
preceding year, has issued a response under subsection (a)(2)
or (a)(3) refusing to carry out all or part of the procedures
to adopt the recommendation.
``(3) Contents.--
``(A) Plans to adopt recommendations.--For each
recommendation of the Board described in paragraph (2)(A),
the report shall contain--
``(i) a description of the recommendation;
``(ii) a description of the procedures planned for adopting
the recommendation or part of the recommendation;
``(iii) the proposed date for completing the procedures;
and
``(iv) if the Secretary has not met a deadline contained in
a proposed timeline developed in connection with the
recommendation under subsection (b), an explanation for not
meeting the deadline.
``(B) Refusals to adopt recommendations.--For each
recommendation of the Board described in paragraph (2)(B),
the report shall contain--
``(i) a description of the recommendation; and
``(ii) a description of the reasons for the refusal to
carry out all or part of the procedures to adopt the
recommendation.''.
SEC. 346. FAA PILOT RECORDS DATABASE.
(a) Records of Employment of Pilot Applicants.--Section
44703(h) of title 49, United States Code, is amended by
adding at the end the following:
``(16) Applicability.--This subsection shall cease to be
effective on the date specified in regulations issued under
subsection (i).''.
(b) Establishment of FAA Pilot Records Database.--Section
44703 of such title is amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following:
``(i) FAA Pilot Records Database.--
``(1) In general.--Before allowing an individual to begin
service as a pilot, an air carrier shall access and evaluate,
in accordance with the requirements of this subsection,
information pertaining to the individual from the pilot
records database established under paragraph (2).
``(2) Pilot records database.--The Administrator shall
establish an electronic database (in this subsection referred
to as the `database') containing the following records:
``(A) FAA records.--From the Administrator--
``(i) records that are maintained by the Administrator
concerning current airman certificates, including airman
medical certificates and associated type ratings and
information on any limitations to those certificates and
ratings;
``(ii) records that are maintained by the Administrator
concerning any failed attempt of an individual to pass a
practical test required to obtain a certificate or type
rating under part 61 of title 14, Code of Federal
Regulations; and
``(iii) summaries of legal enforcement actions resulting in
a finding by the Administrator of a violation of this title
or a regulation prescribed or order issued under this title
that was not subsequently overturned.
``(B) Air carrier and other records.--From any air carrier
or other person (except a branch of the Armed Forces, the
National Guard, or a reserve component of the Armed Forces)
that has employed an individual as a pilot of a civil or
public aircraft, or from the trustee in bankruptcy for such
air carrier or person--
``(i) records pertaining to the individual that are
maintained by the air carrier (other than records relating to
flight time, duty time, or rest time), including records
under regulations set forth in--
``(I) section 121.683 of title 14, Code of Federal
Regulations;
``(II) paragraph (A) of section VI, appendix I, part 121 of
such title;
``(III) paragraph (A) of section IV, appendix J, part 121
of such title;
``(IV) section 125.401 of such title; and
``(V) section 135.63(a)(4) of such title; and
``(ii) other records pertaining to the individual's
performance as a pilot that are maintained by the air carrier
or person concerning--
``(I) the training, qualifications, proficiency, or
professional competence of the individual, including comments
and evaluations made by a check airman designated in
accordance with section 121.411, 125.295, or 135.337 of such
title;
[[Page H2384]]
``(II) any disciplinary action taken with respect to the
individual that was not subsequently overturned; and
``(III) any release from employment or resignation,
termination, or disqualification with respect to employment.
``(C) National driver register records.--In accordance with
section 30305(b)(8) of this title, from the chief driver
licensing official of a State, information concerning the
motor vehicle driving record of the individual.
``(3) Written consent; release from liability.--An air
carrier--
``(A) shall obtain the written consent of an individual
before accessing records pertaining to the individual under
paragraph (1); and
``(B) may, notwithstanding any other provision of law or
agreement to the contrary, require an individual with respect
to whom the carrier is accessing records under paragraph (1)
to execute a release from liability for any claim arising
from accessing the records or the use of such records by the
air carrier in accordance with this section (other than a
claim arising from furnishing information known to be false
and maintained in violation of a criminal statute).
``(4) Reporting.--
``(A) Reporting by administrator.--The Administrator shall
enter data described in paragraph (2)(A) into the database
promptly to ensure that an individual's records are current.
``(B) Reporting by air carriers and other persons.--
``(i) In general.--Air carriers and other persons shall
report data described in paragraphs (2)(B) and (2)(C) to the
Administrator promptly for entry into the database.
``(ii) Data to be reported.--Air carriers and other persons
shall report, at a minimum, under clause (i) the following
data described in paragraph (2)(B):
``(I) Records that are generated by the air carrier or
other person after the date of enactment of this paragraph.
``(II) Records that the air carrier or other person is
maintaining, on such date of enactment, pursuant to
subsection (h)(4).
``(5) Requirement to maintain records.--The Administrator--
``(A) shall maintain all records entered into the database
under paragraph (2) pertaining to an individual until the
date of receipt of notification that the individual is
deceased; and
``(B) may remove the individual's records from the database
after that date.
``(6) Receipt of consent.--The Administrator shall not
permit an air carrier to access records pertaining to an
individual from the database under paragraph (1) without the
air carrier first demonstrating to the satisfaction of the
Administrator that the air carrier has obtained the written
consent of the individual.
``(7) Right of pilot to review certain records and correct
inaccuracies.--Notwithstanding any other provision of law or
agreement, the Administrator, upon receipt of written request
from an individual--
``(A) shall make available, not later than 30 days after
the date of the request, to the individual for review all
records referred to in paragraph (2) pertaining to the
individual; and
``(B) shall provide the individual with a reasonable
opportunity to submit written comments to correct any
inaccuracies contained in the records.
``(8) Reasonable charges for processing requests and
furnishing copies.--The Administrator may establish a
reasonable charge for the cost of processing a request under
paragraph (1) or (7) and for the cost of furnishing copies of
requested records under paragraph (7).
``(9) Privacy protections.--
``(A) Use of records.--An air carrier that accesses records
pertaining to an individual under paragraph (1) may use the
records only to assess the qualifications of the individual
in deciding whether or not to hire the individual as a pilot.
The air carrier shall take such actions as may be necessary
to protect the privacy of the individual and the
confidentiality of the records accessed, including ensuring
that information contained in the records is not divulged to
any individual that is not directly involved in the hiring
decision.
``(B) Disclosure of information.--
``(i) In general.--Except as provided by clause (ii),
information collected by the Administrator under paragraph
(2) shall be exempt from the disclosure requirements of
section 552 of title 5.
``(ii) Exceptions.--Clause (i) shall not apply to--
``(I) de-identified, summarized information to explain the
need for changes in policies and regulations;
``(II) information to correct a condition that compromises
safety;
``(III) information to carry out a criminal investigation
or prosecution;
``(IV) information to comply with section 44905, regarding
information about threats to civil aviation; and
``(V) such information as the Administrator determines
necessary, if withholding the information would not be
consistent with the safety responsibilities of the Federal
Aviation Administration.
``(10) Periodic review.--Not later than 18 months after the
date of enactment of this paragraph, and at least once every
3 years thereafter, the Administrator shall transmit to
Congress a statement that contains, taking into account
recent developments in the aviation industry--
``(A) recommendations by the Administrator concerning
proposed changes to Federal Aviation Administration records,
air carrier records, and other records required to be
included in the database under paragraph (2); or
``(B) reasons why the Administrator does not recommend any
proposed changes to the records referred to in subparagraph
(A).
``(11) Regulations for protection and security of
records.--The Administrator shall prescribe such regulations
as may be necessary--
``(A) to protect and secure--
``(i) the personal privacy of any individual whose records
are accessed under paragraph (1); and
``(ii) the confidentiality of those records; and
``(B) to preclude the further dissemination of records
received under paragraph (1) by the person who accessed the
records.
``(12) Good faith exception.--Notwithstanding paragraph
(1), an air carrier may allow an individual to begin service
as a pilot, without first obtaining information described in
paragraph (2)(B) from the database pertaining to the
individual, if--
``(A) the air carrier has made a documented good faith
attempt to access the information from the database; and
``(B) has received written notice from the Administrator
that the information is not contained in the database because
the individual was employed by an air carrier or other person
that no longer exists or by a foreign government or other
entity that has not provided the information to the database.
``(13) Limitations on electronic access to records.--
``(A) Access by individuals designated by air carriers.--
For the purpose of increasing timely and efficient access to
records described in paragraph (2), the Administrator may
allow, under terms established by the Administrator, an
individual designated by an air carrier to have electronic
access to the database.
``(B) Terms.--The terms established by the Administrator
under subparagraph (A) for allowing a designated individual
to have electronic access to the database shall limit such
access to instances in which information in the database is
required by the designated individual in making a hiring
decision concerning a pilot applicant and shall require that
the designated individual provide assurances satisfactory to
the Administrator that--
``(i) the designated individual has received the written
consent of the pilot applicant to access the information; and
``(ii) information obtained using such access will not be
used for any purpose other than making the hiring decision.
``(14) Authorized expenditures.--Out of amounts
appropriated under section 106(k)(1), there is authorized to
be expended to carry out this subsection such sums as may be
necessary for each of fiscal years 2010, 2011, and 2012.
``(15) Regulations.--
``(A) In general.--The Administrator shall issue
regulations to carry out this subsection.
``(B) Effective date.--The regulations shall specify the
date on which the requirements of this subsection take effect
and the date on which the requirements of subsection (h)
cease to be effective.
``(C) Exceptions.--Notwithstanding subparagraph (B)--
``(i) the Administrator shall begin to establish the
database under paragraph (2) not later than 90 days after the
date of enactment of this paragraph;
``(ii) the Administrator shall maintain records in
accordance with paragraph (5) beginning on the date of
enactment of this paragraph; and
``(iii) air carriers and other persons shall maintain
records to be reported to the database under paragraph (4)(B)
in the period beginning on such date of enactment and ending
on the date that is 5 years after the requirements of
subsection (h) cease to be effective pursuant to subparagraph
(B).
``(16) Special rule.--During the one-year period beginning
on the date on which the requirements of this section become
effective pursuant to paragraph (15)(B), paragraph (7)(A)
shall be applied by substituting `45 days' for `30 days'.''.
(c) Conforming Amendments.--
(1) Limitation on liability; preemption of state law.--
Section 44703(j) (as redesignated by subsection (b)(1) of
this section) is amended--
(A) in the subsection heading by striking ``Limitation''
and inserting ``Limitations'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A) by striking
``paragraph (2)'' and inserting ``subsection (h)(2) or
(i)(3)'';
(ii) in subparagraph (A) by inserting ``or accessing the
records of that individual under subsection (i)(1)'' before
the semicolon; and
(iii) in the matter following subparagraph (D) by striking
``subsection (h)'' and inserting ``subsection (h) or (i)'';
(C) in paragraph (2) by striking ``subsection (h)'' and
inserting ``subsection (h) or (i)'';
(D) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``or who furnished information to the
database established under subsection (i)(2)'' after
``subsection (h)(1)''; and
(E) by adding at the end the following:
``(4) Prohibition on actions and proceedings against air
carriers.--
``(A) Hiring decisions.--An air carrier may refuse to hire
an individual as a pilot if the individual did not provide
written consent for the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not execute the
release from liability requested under subsection (h)(2)(B)
or (i)(3)(B).
``(B) Actions and proceedings.--No action or proceeding may
be brought against an air carrier by or on behalf of an
individual who has applied for or is seeking a position as a
pilot with the air carrier if the air carrier refused to hire
the individual after the individual did not provide written
consent for the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not execute a
release from liability requested under subsection (h)(2)(B)
or (i)(3)(B).''.
[[Page H2385]]
(2) Limitation on statutory construction.--Section 44703(k)
(as redesignated by subsection (b)(1) of this section) is
amended by striking ``subsection (h)'' and inserting
``subsection (h) or (i)''.
SEC. 347. FAA RULEMAKING ON TRAINING PROGRAMS.
(a) Completion of Rulemaking on Training Programs.--Not
later than 14 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration
shall issue a final rule with respect to the notice of
proposed rulemaking published in the Federal Register on
January 12, 2009 (74 Fed. Reg. 1280; relating to training
programs for flight crewmembers and aircraft dispatchers).
(b) Expert Panel To Review Part 121 and Part 135 Training
Hours.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Administrator shall convene a
multidisciplinary expert panel comprised of, at a minimum,
air carrier representatives, training facility
representatives, instructional design experts, aircraft
manufacturers, safety organization representatives, and labor
union representatives.
(2) Assessment and recommendations.--The panel shall assess
and make recommendations concerning--
(A) the best methods and optimal time needed for flight
crewmembers of part 121 air carriers and flight crewmembers
of part 135 air carriers to master aircraft systems,
maneuvers, procedures, take offs and landings, and crew
coordination;
(B) the optimal length of time between training events for
such crewmembers, including recurrent training events;
(C) the best methods to reliably evaluate mastery by such
crewmembers of aircraft systems, maneuvers, procedures, take
offs and landings, and crew coordination; and
(D) the best methods to allow specific academic training
courses to be credited pursuant to section 11(d) toward the
total flight hours required to receive an airline transport
pilot certificate.
(3) 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, the Committee on Commerce, Science, and
Transportation of the Senate, and the National Transportation
Safety Board a report based on the findings of the panel.
SEC. 348. AVIATION SAFETY INSPECTORS AND OPERATIONAL RESEARCH
ANALYSTS.
(a) Review by DOT Inspector General.--Not later than 9
months after the date of enactment of this Act, the Inspector
General of the Department of Transportation shall conduct a
review of aviation safety inspectors and operational research
analysts of the Federal Aviation Administration assigned to
part 121 air carriers and submit to the Administrator of the
Federal Aviation Administration a report on the results of
the review.
(b) Purposes.--The purpose of the review shall be, at a
minimum--
(1) to review the level of the Administration's oversight
of each part 121 air carrier;
(2) to make recommendations to ensure that each part 121
air carrier is receiving an equivalent level of oversight;
(3) to assess the number and level of experience of
aviation safety inspectors assigned to such carriers;
(4) to evaluate how the Administration is making
assignments of aviation safety inspectors to such carriers;
(5) to review various safety inspector oversight programs,
including the geographic inspector program;
(6) to evaluate the adequacy of the number of operational
research analysts assigned to each part 121 air carrier;
(7) to evaluate the surveillance responsibilities of
aviation safety inspectors, including en route inspections;
(8) to evaluate whether inspectors are able to effectively
use data sources, such as the Safety Performance Analysis
System and the Air Transportation Oversight System, to assist
in targeting oversight of air carriers;
(9) to assess the feasibility of establishment by the
Administration of a comprehensive repository of information
that encompasses multiple Administration data sources and
allowing access by aviation safety inspectors and operational
research analysts to assist in the oversight of part 121 air
carriers; and
(10) to conduct such other analyses as the Inspector
General considers relevant to the purpose of the review.
(c) Report to Congress.--Not later than 90 days after the
date of receipt of the report submitted under subsection (a),
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--
(1) that specifies which, if any, policy changes
recommended by the Inspector General under this section the
Administrator intends to adopt and implement;
(2) that includes an explanation of how the Administrator
plans to adopt and implement such policy changes; and
(3) in any case in which the Administrator does not intend
to adopt a policy change recommended by the Inspector
General, that includes an explanation of the reasons for the
decision not to adopt and implement the policy change.
SEC. 349. FLIGHT CREWMEMBER MENTORING, PROFESSIONAL
DEVELOPMENT, AND LEADERSHIP.
(a) Rulemaking Proceeding.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall conduct a rulemaking proceeding to
require each part 121 air carrier to take the following
actions:
(A) Establish flight crewmember mentoring programs under
which the air carrier will pair highly experienced flight
crewmembers who will serve as mentor pilots and be paired
with newly employed flight crewmembers. Mentor pilots shall
receive, at a minimum, specific instruction on techniques for
instilling and reinforcing the highest standards of technical
performance, airmanship, and professionalism in newly
employed flight crewmembers.
(B) Establish flight crewmember professional development
committees made up of air carrier management and labor union
or professional association representatives to develop,
administer, and oversee formal mentoring programs of the
carrier to assist flight crewmembers to reach their maximum
potential as safe, seasoned, and proficient flight
crewmembers.
(C) Establish or modify training programs to accommodate
substantially different levels and types of flight experience
by newly employed flight crewmembers.
(D) Establish or modify training programs for second-in-
command flight crewmembers attempting to qualify as pilot-in-
command flight crewmembers for the first time in a specific
aircraft type and ensure that such programs include
leadership and command training.
(E) Ensure that recurrent training for pilots in command
includes leadership and command training.
(F) Such other actions as the Administrator determines
appropriate to enhance flight crewmember professional
development.
(2) Compliance with sterile cockpit rule.--Leadership and
command training described in paragraphs (1)(D) and (1)(E)
shall include instruction on compliance with flight
crewmember duties under part 121.542 of title 14, Code of
Federal Regulations.
(3) Streamlined program review.--
(A) In general.--As part of the rulemaking required by
subsection (a), the Administrator shall establish a
streamlined process for part 121 air carriers that have in
effect, as of the date of enactment of this Act, the programs
required by paragraph (1).
(B) Expedited approvals.--Under the streamlined process,
the Administrator shall--
(i) review the programs of such part 121 air carriers to
determine whether the programs meet the requirements set
forth in the final rule referred to in subsection (b)(2); and
(ii) expedite the approval of the programs that the
Administrator determines meet such requirements.
(b) Deadlines.--The Administrator shall issue--
(1) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection
(a); and
(2) not later than 24 months after such date of enactment,
a final rule under subsection (a).
SEC. 350. FLIGHT CREWMEMBER SCREENING AND QUALIFICATIONS.
(a) Requirements.--
(1) Rulemaking proceeding.--The Administrator of the
Federal Aviation Administration shall conduct a rulemaking
proceeding to require part 121 air carriers to develop and
implement means and methods for ensuring that flight
crewmembers have proper qualifications and experience.
(2) Minimum requirements.--
(A) Prospective flight crewmembers.--Rules issued under
paragraph (1) shall ensure that prospective flight
crewmembers undergo comprehensive pre-employment screening,
including an assessment of the skills, aptitudes, airmanship,
and suitability of each applicant for a position as a flight
crewmember in terms of functioning effectively in the air
carrier's operational environment.
(B) All flight crewmembers.--Rules issued under paragraph
(1) shall ensure that, after the date that is 3 years after
the date of enactment of this Act, all flight crewmembers--
(i) have obtained an airline transport pilot certificate
under part 61 of title 14, Code of Federal Regulations; and
(ii) have appropriate multi-engine aircraft flight
experience, as determined by the Administrator.
(b) Deadlines.--The Administrator shall issue--
(1) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection
(a); and
(2) not later than 24 months after such date of enactment,
a final rule under subsection (a).
SEC. 351. AIRLINE TRANSPORT PILOT CERTIFICATION.
(a) Rulemaking Proceeding.--The Administrator of the
Federal Aviation Administration shall conduct a rulemaking
proceeding to amend part 61 of title 14, Code of Federal
Regulations, to modify requirements for the issuance of an
airline transport pilot certificate.
(b) Minimum Requirements.--To be qualified to receive an
airline transport pilot certificate pursuant to subsection
(a), an individual shall--
(1) have sufficient flight hours, as determined by the
Administrator, to enable a pilot to function effectively in
an air carrier operational environment; and
(2) have received flight training, academic training, or
operational experience that will prepare a pilot, at a
minimum, to--
(A) function effectively in a multipilot environment;
(B) function effectively in adverse weather conditions,
including icing conditions;
(C) function effectively during high altitude operations;
(D) adhere to the highest professional standards; and
(E) function effectively in an air carrier operational
environment.
(c) Flight Hours.--
[[Page H2386]]
(1) Numbers of flight hours.--The total flight hours
required by the Administrator under subsection (b)(1) shall
be at least 1,500 flight hours.
(2) Flight hours in difficult operational conditions.--The
total flight hours required by the Administrator under
subsection (b)(1) shall include sufficient flight hours, as
determined by the Administrator, in difficult operational
conditions that may be encountered by an air carrier to
enable a pilot to operate safely in such conditions.
(d) Credit Toward Flight Hours.--The Administrator may
allow specific academic training courses, beyond those
required under subsection (b)(2), to be credited toward the
total flight hours required under subsection (c). The
Administrator may allow such credit based on a determination
by the Administrator that allowing a pilot to take specific
academic training courses will enhance safety more than
requiring the pilot to fully comply with the flight hours
requirement.
(e) Recommendations of Expert Panel.--In conducting the
rulemaking proceeding under this section, the Administrator
shall review and consider the assessment and recommendations
of the expert panel to review part 121 and part 135 training
hours established by section 7(b) of this Act.
(f) Deadline.--Not later than 36 months after the date of
enactment of this Act, the Administrator shall issue a final
rule under subsection (a).
SEC. 352. FLIGHT SCHOOLS, FLIGHT EDUCATION, AND PILOT
ACADEMIC TRAINING.
(a) GAO Study.--The Comptroller General shall conduct a
comprehensive study of flight schools, flight education, and
academic training requirements for certification of an
individual as a pilot.
(b) Minimum Contents of Study.--The study shall include, at
a minimum--
(1) an assessment of the Federal Aviation Administration's
oversight of flight schools;
(2) an assessment of the Administration's academic training
requirements in effect on the date of enactment of this Act
as compared to flight education provided to a pilot by
accredited 2- and 4-year universities;
(3) an assessment of the quality of pilots entering the
part 121 air carrier workforce from all sources after
receiving training from flight training providers, including
Aviation Accreditation Board International, universities,
pilot training organizations, and the military, utilizing the
training records of part 121 air carriers, including
consideration of any relationships between flight training
providers and air carriers;
(4) a comparison of the academic training requirements for
pilots in the United States to the academic training
requirements for pilots in other countries;
(5) a determination and description of any improvements
that may be needed in the Administration's academic training
requirements for pilots;
(6) an assessment of student financial aid and loan options
available to individuals interested in enrolling at a flight
school for both academic and flight hour training;
(7) an assessment of the Federal Aviation Administration's
oversight of general aviation flight schools that offer or
would like to offer training programs under part 142 of title
14, Code of Federal Regulations; and
(8) an assessment of whether compliance with the English
speaking requirements applicable to pilots under part 61 of
such title is adequately tested and enforced.
(c) Report.--Not later than 120 days 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.
SEC. 353. VOLUNTARY SAFETY PROGRAMS.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration 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 aviation safety
action program, the flight operational quality assurance
program, the line operations safety audit, and the advanced
qualification program.
(b) Contents.--The report shall include--
(1) a list of--
(A) which air carriers are using one or more of the
voluntary safety programs referred to in subsection (a); and
(B) the voluntary safety programs each air carrier is
using;
(2) if an air carrier is not using one or more of the
voluntary safety programs--
(A) a list of such programs the carrier is not using; and
(B) the reasons the carrier is not using each such program;
(3) if an air carrier is using one or more of the voluntary
safety programs, an explanation of the benefits and
challenges of using each such program;
(4) a detailed analysis of how the Administration is using
data derived from each of the voluntary safety programs as
safety analysis and accident or incident prevention tools and
a detailed plan on how the Administration intends to expand
data analysis of such programs;
(5) an explanation of--
(A) where the data derived from such programs is stored;
(B) how the data derived from such programs is protected
and secured; and
(C) what data analysis processes air carriers are
implementing to ensure the effective use of the data derived
from such programs;
(6) a description of the extent to which aviation safety
inspectors are able to review data derived from such programs
to enhance their oversight responsibilities;
(7) a description of how the Administration plans to
incorporate operational trends identified under such programs
into the air transport oversight system and other
surveillance databases so that such system and databases are
more effectively utilized;
(8) other plans to strengthen such programs, taking into
account reviews of such programs by the Inspector General of
the Department of Transportation; and
(9) such other matters as the Administrator determines are
appropriate.
SEC. 354. ASAP AND FOQA IMPLEMENTATION PLAN.
(a) Development and Implementation Plan.--The Administrator
of the Federal Aviation Administration shall develop and
implement a plan to facilitate the establishment of an
aviation safety action program and a flight operational
quality assurance program by all part 121 air carriers.
(b) Matters To Be Considered.--In developing the plan under
subsection (a), the Administrator shall consider--
(1) how the Administration can assist part 121 air carriers
with smaller fleet sizes to derive benefit from establishing
a flight operational quality assurance program;
(2) how part 121 air carriers with established aviation
safety action and flight operational quality assurance
programs can quickly begin to report data into the aviation
safety information analysis sharing database; and
(3) how part 121 air carriers and aviation safety
inspectors can better utilize data from such database as
accident and incident prevention tools.
(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 Science, Commerce,
and Transportation of the Senate a copy of the plan developed
under subsection (a) and an explanation of how the
Administration will implement the plan.
(d) Deadline for Beginning Implementation of Plan.--Not
later than one year after the date of enactment of this Act,
the Administrator shall begin implementation of the plan
developed under subsection (a).
SEC. 355. SAFETY MANAGEMENT SYSTEMS.
(a) Rulemaking.--The Administrator of the Federal Aviation
Administration shall conduct a rulemaking proceeding to
require all part 121 air carriers to implement a safety
management system.
(b) Matters to Consider.--In conducting the rulemaking
under subsection (a), the Administrator shall consider, at a
minimum, including each of the following as a part of the
safety management system:
(1) An aviation safety action program.
(2) A flight operational quality assurance program.
(3) A line operations safety audit.
(4) An advanced qualification program.
(c) Deadlines.--The Administrator shall issue--
(1) not later than 90 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection
(a); and
(2) not later than 24 months after the date of enactment of
this Act, a final rule under subsection (a).
(d) Safety Management System Defined.--In this section, the
term ``safety management system'' means the program
established by the Federal Aviation Administration in
Advisory Circular 120-92, dated June 22, 2006, including any
subsequent revisions thereto.
SEC. 356. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR
TICKETS SOLD FOR AIR TRANSPORTATION.
Section 41712 of title 49, United States Code, is amended
by adding at the end the following:
``(c) Disclosure Requirement for Sellers of Tickets for
Flights.--
``(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for any ticket agent, air
carrier, foreign air carrier, or other person offering to
sell tickets for air transportation on a flight of an air
carrier to not disclose, whether verbally in oral
communication or in writing in written or electronic
communication, prior to the purchase of a ticket--
``(A) the name (including any business or corporate name)
of the air carrier providing the air transportation; and
``(B) if the flight has more than one flight segment, the
name of each air carrier providing the air transportation for
each such flight segment.
``(2) Internet offers.--In the case of an offer to sell
tickets described in paragraph (1) on an Internet Web site,
disclosure of the information required by paragraph (1) shall
be provided on the first display of the Web site following a
search of a requested itinerary in a format that is easily
visible to a viewer.''.
SEC. 357. PILOT FATIGUE.
(a) Flight and Duty Time Regulations.--
(1) In general.--In accordance with paragraph (3), the
Administrator of the Federal Aviation Administration shall
issue regulations, based on the best available scientific
information--
(A) to specify limitations on the hours of flight and duty
time allowed for pilots to address problems relating to pilot
fatigue; and
(B) to require part 121 air carriers to develop and
implement fatigue risk management plans.
(2) Matters to be addressed.--In conducting the rulemaking
proceeding under this subsection, the Administrator shall
consider and review the following:
(A) Time of day of flights in a duty period.
(B) Number of takeoff and landings in a duty period.
[[Page H2387]]
(C) Number of time zones crossed in a duty period.
(D) The impact of functioning in multiple time zones or on
different daily schedules.
(E) Research conducted on fatigue, sleep, and circadian
rhythms.
(F) Sleep and rest requirements recommended by the National
Transportation Safety Board and the National Aeronautics and
Space Administration.
(G) International standards regarding flight schedules and
duty periods.
(H) Alternative procedures to facilitate alertness in the
cockpit.
(I) Scheduling and attendance policies and practices,
including sick leave.
(J) The effects of commuting, the means of commuting, and
the length of the commute.
(K) Medical screening and treatment.
(L) Rest environments.
(M) Any other matters the Administrator considers
appropriate.
(3) Deadlines.--The Administrator shall issue--
(A) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection
(a); and
(B) not later than one year after the date of enactment of
this Act, a final rule under subsection (a).
(b) Fatigue Risk Management Plan.--
(1) Submission of fatigue risk management plan by part 121
air carriers.--Not later than 90 days after the date of
enactment of this section, each part 121 air carrier shall
submit to the Administrator for review and approval a fatigue
risk management plan.
(2) Contents of plan.--A fatigue risk management plan
submitted by a part 121 air carrier under paragraph (1) shall
include the following:
(A) Current flight time and duty period limitations.
(B) A rest scheme that enables the management of fatigue,
including annual training to increase awareness of--
(i) fatigue;
(ii) the effects of fatigue on pilots; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that continually
assesses the effectiveness of the program, including the
ability of the program--
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) Plan updates.--A part 121 air carrier shall update its
fatigue risk management plan under paragraph (1) every 2
years and submit the update to the Administrator for review
and approval.
(4) Approval.--
(A) Initial approval or modification.--Not later than 9
months after the date of enactment of this section, the
Administrator shall review and approve or require
modification to fatigue risk management plans submitted under
this subsection to ensure that pilots are not operating
aircraft while fatigued.
(B) Update approval or modification.--Not later than 9
months after submission of a plan update under paragraph (3),
the Administrator shall review and approve or require
modification to such update.
(5) Civil penalties.--A violation of this subsection by a
part 121 air carrier shall be treated as a violation of
chapter 447 of title 49, United States Code, for purposes of
the application of civil penalties under chapter 463 of that
title.
(6) Limitation on applicability.--The requirements of this
subsection shall cease to apply to a part 121 air carrier on
and after the effective date of the regulations to be issued
under subsection (a).
(c) Effect of Commuting on Fatigue.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall enter into
appropriate arrangements with the National Academy of
Sciences to conduct a study of the effects of commuting on
pilot fatigue and report its findings to the Administrator.
(2) Study.--In conducting the study, the National Academy
of Sciences shall consider--
(A) the prevalence of pilot commuting in the commercial air
carrier industry, including the number and percentage of
pilots who commute;
(B) information relating to commuting by pilots, including
distances traveled, time zones crossed, time spent, and
methods used;
(C) research on the impact of commuting on pilot fatigue,
sleep, and circadian rhythms;
(D) commuting policies of commercial air carriers
(including passenger and all-cargo air carriers), including
pilot check-in requirements and sick leave and fatigue
policies;
(E) post-conference materials from the Federal Aviation
Administration's June 2008 symposium entitled ``Aviation
Fatigue Management Symposium: Partnerships for Solutions'';
(F) Federal Aviation Administration and international
policies and guidance regarding commuting; and
(G) any other matters as the Administrator considers
appropriate.
(3) Preliminary findings.--Not later than 90 days after the
date of entering into arrangements under paragraph (1), the
National Academy of Sciences shall submit to the
Administrator its preliminary findings under the study.
(4) Report.--Not later than 6 months after the date of
entering into arrangements under paragraph (1), the National
Academy of Sciences shall submit to the Administrator a
report containing its findings under the study and any
recommendations for regulatory or administrative actions by
the Federal Aviation Administration concerning commuting by
pilots.
(5) Rulemaking.--Following receipt of the report of the
National Academy of Sciences under paragraph (4), the
Administrator shall--
(A) consider the findings and recommendations in the
report; and
(B) update, as appropriate based on scientific data,
regulations required by subsection (a) on flight and duty
time.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
SEC. 358. FLIGHT CREWMEMBER PAIRING AND CREW RESOURCE
MANAGEMENT TECHNIQUES.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study on aviation industry
best practices with regard to flight crewmember pairing and
crew resource management techniques.
(b) 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.
TITLE IV--AIR SERVICE IMPROVEMENTS
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.''.
SEC. 402. 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. 403. 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
[[Page H2388]]
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. 404. 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. 405. 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. 406. 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. 407. 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.
``42304. Notification of flight status by text message or email.
``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.
``(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 of Transportation 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
[[Page H2389]]
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.
``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.''.
(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. 408. 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. 409. EXTENSION OF COMPETITIVE ACCESS REPORTS.
Section 47107(s)(3) is amended by striking ``October 1,
2009'' and inserting ``September 30, 2012''.
SEC. 410. 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''.
(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.''.
(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. 411. 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;
(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. 412. 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. 413. 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. 414. 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
Aviation Safety and Investment Act of 2010.''.
SEC. 415. 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.
[[Page H2390]]
``(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. 416. 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. 417. 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. 418. 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;
(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; and
(5) the effect that limited air carrier service options on
routes have on the frequency of delays and cancellations on
such routes.
(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. 419. 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. 420. 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:
(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. 421. 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. 422. 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. 423. 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. 424. 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
[[Page H2391]]
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. 425. 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. 426. 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.
(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.
SEC. 427. 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.
[[Page H2392]]
``(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.
``(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.
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 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 Aviation Safety and Investment Act
of 2010, 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).
[[Page H2393]]
``(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. 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.''.
SEC. 506. 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).''.
SEC. 507. 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) $25,000,000 for fiscal year 2010.
``(2) $33,000,000 for fiscal year 2011.
``(3) $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. 508. 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--
(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. 509. 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
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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. 510. 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. 511. 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. 512. 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. 513. 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.
SEC. 514. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the 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
(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. 515. 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. 516. 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.
SEC. 517. 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.
SEC. 518. AVIATION NOISE COMPLAINTS.
(a) Telephone Number Posting.--Not later than 3 months
after the date of enactment of
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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.
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
Aviation Safety and Investment Act of 2010); 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. 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;''.
SEC. 603. APPLICABILITY OF BACK PAY REQUIREMENTS.
(a) Applicability of Back Pay Requirements.--Section
40122(g)(2) is amended--
(1) by striking ``and'' at the end of 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 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. 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;
[[Page H2396]]
(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
(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'').
[[Page H2397]]
(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 ``September 30, 2009'' and inserting
``September 30, 2012''; and
(2) by striking ``December 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 ``December 31,
2009'' and inserting ``December 31, 2012''.
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.
Section 44304 is amended in the second sentence by striking
``the carrier'' and inserting ``any insurance 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,''.
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
[[Page H2398]]
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;
(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) 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.
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
[[Page H2399]]
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 pilots and flight attendants
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 2010 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 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
[[Page H2400]]
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;
(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 AND HUMIDITY 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 and humidity 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 temperature and
humidity 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 humidity and
develop a system for the reporting of excessive temperature
and humidity onboard passenger aircraft by cockpit and cabin
crew members; and
(3) review the impact of implementing such onboard
temperature and humidity 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.
[[Page H2401]]
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, and
Committee on Armed Services of the Senate.
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, 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.
SEC. 825. 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. 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.
SEC. 827. 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.
SEC. 828. WHISTLEBLOWERS AT FAA.
It is the sense of Congress that whistleblowers at the
Federal Aviation Administration be granted the full
protection of the law.
SEC. 829. 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.
SEC. 830. 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.
SEC. 831. 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. 832. 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. 833. SANTA MONICA AIRPORT, CALIFORNIA.
It is the sense of Congress that the Administrator of the
Federal Aviation Administration should enter into good faith
discussions 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.
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 2010''.
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.
[[Page H2402]]
(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.
(b) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary for each of
the fiscal years 2010 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
2010 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 2010
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.
[[Page H2403]]
(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 2010 to carry out this section.
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 2010''.
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.--
(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 Aviation Safety and Investment
Act of 2010'' before the semicolon at the end of subparagraph
(A).
[[Page H2404]]
(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.
TITLE XI--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO-ACT OF 2010
SEC. 1101. COMPLIANCE PROVISION.
The budgetary effects of this Act, for purposes of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on this conference
report or amendments between the Houses.
The SPEAKER pro tempore. Pursuant to House Resolution 1212, the
motion shall be debatable for 1 hour equally divided and controlled by
the chair and the ranking minority member of the Committee on
Transportation and Infrastructure. The gentleman from Minnesota (Mr.
Oberstar) and the gentleman from Wisconsin (Mr. Petri) each will
control 30 minutes.
The Chair recognizes the gentleman from Minnesota.
General Leave
Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 1586.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
This procedure under which we are acting on this bill is complex and
has raised some concerns both in the Rules Committee and in discussion
of the rule, so I just want to clarify some things.
The rule states in part: to concur in the Senate amendment to the
title of H.R. 1586 which deals with additional tax bonuses on TARP
recipients. This is a tax bill that the House had passed and sent to
the Senate. The Senate is amending that tax bill, taking everything out
and substituting its version of the FAA authorization bill. We then,
under the rule, concur in the Senate amendment to the text with the
amendment printed in the report of the Committee on Rules which is the
text of the bill that we have twice passed in this House in two
Congresses.
It is not something new. It is not a freestanding bill coming to the
floor for the first time and should not be nor has it been subjected to
an open rule which was requested in the Rules Committee and which was
again debated on the House floor during consideration of the rule.
This is the bill we passed first in September, on September 20, 2007,
by a vote of 267-151, including four Republican and four Democratic
amendments. It was not adopted in that Congress.
We took it up again in 2009, passed the bill May 21 last year by an
even
[[Page H2405]]
bigger vote, 277-136, including seven Democratic and four Republican
amendments. We also include in this bill the Airline Safety and Pilot
Training Act of 2009, overwhelmingly approved in the House by a vote of
409-11, not acted upon by the other body. So we are combining these
bills and sending them back to the Senate which then we expect will ask
for a conference.
Now, we have heard discussion and I heard some rather fomenting
sounds during consideration of the rule about, well, we haven't passed
this aviation authorization bill in years. We would have passed it in
2007 but for the Statement of Administration Policy September 19, 2007,
from the Bush administration that said: Accordingly, if H.R. 2881 were
presented to the President, his senior advisers would recommend that he
veto the bill.
It passed the House notwithstanding.
But because of the threat of the administration veto, the other body,
narrowly divided, didn't even take it up. We did our work in good
order, in reasonable order, very quick from the time the gavel was
handed over to Speaker Pelosi at the beginning of the 110th Congress
and we regained the majority. We picked up where we left off in the
previous Congress with the Republican members of our committee and
moved the bill with bipartisan support except for three issues. And on
one of those, the administration threatened a veto, the negotiation/
renegotiation of the air traffic controller contract.
The new administration came in and settled that issue. It is gone. It
is done. The language is still in the bill because we passed that bill
before the administration settled the air traffic controller contract.
So the language stays in the bill, but it will come out in conference,
at least that part of it.
So I don't understand this revisionism that I heard on the House
floor during the debate on the rule. It is wrong. It doesn't represent
the issues properly. It doesn't put them into focus. We are going to
pass this legislation today. The Senate will then ask us for a
conference in due course, and we will go to conference on this bill.
And we will resolve whatever the differences are, and there are several
of them, between our version and the Senate version. That is the
process.
I just want to make it very clear that is what we are here discussing
today.
I reserve the balance of my time.
Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
Today we are considering an amendment to H.R. 1586, the Senate-passed
FAA reauthorization bill which will substitute two previously
considered and passed House bills: H.R. 915, the FAA Reauthorization
Act of 2009 and H.R. 3371, the Airline Safety and Pilot Training
Improvement Act of 2009.
This is a procedural process deemed necessary in order for the House
and Senate to enter into negotiations to reconcile the differences in
each Chamber's FAA reauthorization bill.
While I support the process moving forward, I cannot support the
House amendment to H.R. 1586 due to the inclusion of several
controversial provisions in the House FAA reauthorization bill being
inserted by the amendment.
Certainly we all agree that we need a final bipartisan and bicameral
FAA reauthorization bill, and we need it sooner rather than later. With
the latest of 13 extensions having passed the House just yesterday, the
FAA is still working under the 2003 FAA reauthorization. This is a very
untenable situation, so the urgency of this legislation remains.
The American Society of Civil Engineers periodically issues an
infrastructure report card, and its 2009 report card gives aviation a
grade of only a D. This was actually a lower grade than the D-plus
earned in its 2005 report card. So the condition of our aviation
infrastructure in the United States is getting worse, not better.
The amendment includes a provision from H.R. 915 that increases
Federal investment in aviation infrastructure with funding for the
Airport Improvement Program increased to a total of $12.3 billion over
3 years. The facilities and equipment program is increased to $10.1
billion.
The amendment, through a H.R. 915 provision, also increases the cap
on the level of passenger facility charges that an airport can impose
for capacity and safety improvements. The cap was last raised 10 years
ago, and the $4.50 maximum charge is now worth far less due to the
passage of time, as well as high construction cost inflation.
One of the most important initiatives under way at the FAA is the
modernization of our air traffic control system known as NextGen. We
must transition from the 50-year-old ground-based technology to a
modern satellite-based system in order to increase capacity, lower
costs and increase safety and efficiency in our system. The legislation
before us seeks to move this process along while instilling
accountability. Congress will need to provide effective oversight to be
sure the program stays on track and that we have the financial
resources for the $15 billion-$20 billion in government costs for this
multi-year program to keep moving forward. Our chairman of the
subcommittee, Mr. Costello, has been very active in providing
oversight.
The amendment, with the inclusion of H.R. 915 provisions, also
improves safety, provides noise mitigation and enhances environmental
initiatives. Passenger rights would be addressed by ensuring that
airlines and airports plan for the care of passengers who are trapped
in long delays on tarmacs.
{time} 1530
It also mandates the establishment of a process to avoid airline
overscheduling that inevitably leads to delay.
The House amendment also includes H.R. 3371, the Airline Safety and
Pilot Training Improvement Act of 2009, a comprehensive, bipartisan
bill that passed the House last year. H.R. 3371 improves access and
review of pilots' records, requires more extensive pilot training,
improves pilot professionalism, addresses pilot fatigue, and increases
the minimum certification standards for commercial airline pilots. I
look forward to working on finalizing these provisions with the Senate
during a conference committee to improve airline safety.
Unfortunately, despite the inclusion of important safety provisions,
the amendment also includes a number of controversial provisions in
H.R. 915, the same provisions that delayed consideration of the FAA
reauthorization in the Senate. Therefore, it's impossible for me to
support the amendment in its current form.
One provision regarding air traffic controllers provides for changes
in future impasse procedures, which I don't object to, but it also
includes costly rollback and backpay requirements under terms of the
1998 contract. According to the Congressional Budget Office, the cost
of this provision in budget year 2009 was $83 million, and about $1
billion over the life of the bill. With the arbitrated controller
contract agreed to last year, I would have thought this provision would
no longer be necessary. However, since it remains as it did in H.R. 915
in the amendment, the provision remains problematic.
H.R. 915 also includes a provision that would move express carriers
from being covered by the Railway Labor Act to the National Labor
Relations Act. This is really targeted at one company, FedEx Express.
FedEx Express was organized as, and still is, an air carrier, in
particular, an express carrier. As such, it's been covered by the
Railway Labor Act since its creation in 1971.
It has trucks, but it is a fully integrated system, and the trucks
would not operate without the planes, which was reaffirmed by the Ninth
Circuit Court of Appeals several years ago. I'd note that other
companies within the FedEx family, such as FedEx Freight, are rightly
covered by the National Labor Relations Act.
Other provisions included in the amendment from H.R. 915 raise
concerns, such as the foreign repair station language, which may have
the unintended consequences of leading to retaliation by the European
Union. This will result in the loss of jobs here in the U.S., as
European customers may no longer send planes to the U.S. and the
Europeans may impose costly certification and inspection processes on
U.S. repair stations.
Also, H.R. 915 included a provision that would automatically sunset
airline alliance antitrust immunity agreements 3 years after enactment.
We are told this could threaten approximately 15,000 airline jobs in
the United States. Considering U.S.-based airlines have already been
forced to cut a staggering
[[Page H2406]]
41,000 jobs, nearly 10 percent of their work force in the last 2 years,
further job loss resulting from this provision raises obvious concerns.
I'd like to thank Chairman Oberstar, Chairman Costello, and Ranking
Member John Mica and other members of the committee for their continued
dedication in working to pass an FAA bill. Many thanks also to our
hardworking staff for the effort they've put in over the last 3 years.
And in conclusion, I support the general goals and the majority of
this bill in terms of increasing infrastructure investment, advancing
NextGen, improving safety and the environment, and increasing passenger
protections. There are a few specific provisions that will preclude me
from voting for the House amendment to H.R. 1586. Nevertheless, I'm
pleased we're considering this bill today and, after it passes, I look
forward to continuing to work with my colleagues in a conference
committee with the Senate so that we can get a bipartisan, bicameral
FAA reauthorization in place.
Mr. OBERSTAR. Before the gentleman concludes, Mr. Speaker, would the
gentleman yield for just a moment?
Mr. PETRI. Yes.
Mr. OBERSTAR. The gentleman referred, Mr. Speaker, to the provision
in the bill that covers the air traffic controller contract. The
gentleman is aware that has been resolved and settled, and in my
remarks I said that is a provision that we have already agreed that
would be dropped because it's no longer necessary.
Mr. PETRI. That was my observation, and I'm happy with that
assurance.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. I now yield such time as he may consume to the Chair of
our subcommittee, the gentleman from Illinois (Mr. Costello), who has
ushered this bill through two Congresses, two successful votes on the
House floor, and we're now about to go to conference and have the
crowning achievement.
Mr. COSTELLO. Mr. Speaker, I rise in strong support of the House
amendment to H.R. 1586. This comprehensive bill includes two bills
passed by the House, H.R. 915, the Federal Aviation Administration
Reauthorization Act, and H.R. 3371, the Bipartisan Airline Safety and
Pilot Training Improvement Act of 2009. Together, these bills are a
product of over 20 hearings of our subcommittee, of the Aviation
Subcommittee, many roundtable discussions on a whole host of topics in
the aviation industry, and let me say that we also had the input and
worked with the Federal Aviation Administration and every group and
organization in the aviation community.
Mr. Speaker, the other body passed the FAA Reauthorization bill, H.R.
1586, using an unrelated House-passed tax bill, as Chairman Oberstar
stated. The Senate amended H.R. 1586 and inserted the language from S.
1451, the FAA Air Transportation Modernization and Safety Improvement
Act.
In response to the action taken by the Senate, today the House will
be amending H.R. 1586 with language that has already been passed by the
House to ensure many important provisions included in both bills, H.R.
915 and H.R. 3371, that they're maintained throughout conference with
the Senate.
There are provisions that are very important that are not included in
the Senate bill that were included in H.R. 915, in the legislation that
the House is amending today that I want to highlight.
First, the House bill increases the cap on the passenger facility
charge from $4.50 to $7 to help airports that choose to participate in
the PFC program to meet capital needs. According to the FAA, if every
airport currently collecting a $4 or $4.50 PFC raises its PFC to $7,
that increase would generate approximately $1.3 billion in additional
revenue for airport capital needs each year. This increase in the PFC
will allow airports to improve and expand their facilities, while
creating jobs at a time when jobs are critically needed in this
country.
Second, H.R. 1586, as amended, provides consistency in collective
bargaining rights throughout the express carrier industry by allowing
employees working on the ground and driving trucks to organize under
the National Labor Relations Act, which enables employees to organize
at the local level as opposed to the national level. 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.
In addition, this legislation also includes one of the strongest
aviation safety bills in decades, H.R. 3371, the Airline Safety and
Pilot Training Act of 2009. This bipartisan legislation was written and
introduced by Chairman Oberstar, Ranking Member Mica, Mr. Petri, and
myself last year. The legislation was introduced after many hearings
and roundtable discussions and with the input of the families of those
who perished in the Colgan accident in Buffalo, the pilot groups,
airlines, the National Safety Transportation Board, and the Department
of Transportation Inspector General, as well as many Members of this
body.
Let me say, Mr. Speaker, that the Aviation Subcommittee also held
hearings and roundtables on safety issues related to the Colgan
accident, culminating in the introduction of H.R. 3371.
Regional airlines have been involved in the last seven fatal U.S.
airline accidents, and pilot performance has been implicated in four of
these accidents. Our bill, the action that we take today, and the
action that we took in the legislation before us will strengthen pilot
training requirements and qualifications.
There are five important provisions that I want to highlight very
quickly that were originally included in H.R. 3371 and in the bill
before us.
First, to address pilot qualification, the bill increases the minimum
number of flight hours required to be hired as an airline pilot.
Currently, the first officer only needs a commercial pilot's license to
be a pilot, which requires a minimum of 250 flight hours. There is a
consensus that 250 hours is simply not enough to be an airline pilot
and that safety would be improved by raising the standard.
Under our legislation, all airline pilots must obtain an airline
transport pilot license, which is currently only mandatory for an
airline captain. The ATP requires a minimum of 1,500 flight hours and
additional aeronautical knowledge, crew resource management training,
and greater flight proficiency testing.
The legislation also strengthens the ATP qualitative minimum
requirements, such as demonstrating the ability to function effectively
in a multipilot environment and in training to fly in adverse weather
conditions, including icing.
Second, we mandate several outstanding NTSB recommendations related
to pilot training that were discussed at our hearings, such as those on
stall and upset recovery and remedial training.
Third, to ensure that airlines can make informed hiring decisions,
the bill requires the FAA to create and maintain an electronic pilot
records database. The database will allow an airline to quickly assess
an applicant's comprehensive record for hiring purposes only.
Fourth, fatigue has been on the NTSB's most wanted list since 1990.
The bill directs the FAA to implement a new pilot flight and duty time
rule, taking into account the operating environment of today's pilots
and the scientific research on fatigue. As part of the rulemaking, the
National Academy of Sciences is tasked with studying the effects of
commuting on pilot fatigue. In addition, the bill requires air carriers
to create fatigue risk management systems to proactively mitigate
fatigue.
Finally, the bill requires all Internet Web sites that sell airline
tickets to show, on the first page of the Web display, the name of the
air carrier operating each flight segment of a proposed itinerary.
Although there are a few contentious issues that you heard about
today, I believe that we have discussed many of these issues and that
they can be resolved in conference with the Senate. Virtually the
entire aviation community, the airlines, the airports, general
aviation, State aviation officials have communicated to us in a unified
voice the need to get a multiyear reauthorization done as soon as
possible.
Mr. Speaker, the House has already passed these bills separately.
Incorporated together as the Aviation Safety and Investment Act of
2010, this legislation provides important stability
[[Page H2407]]
for NextGen and the needed capacity improvements, while also
strengthening aviation safety.
I urge my colleagues to support this legislation.
Mr. PETRI. Mr. Speaker, I yield 1\1/2\ minutes to our colleague from
the State of Texas, Kevin Brady.
Mr. BRADY of Texas. Mr. Speaker, I appreciate the leadership of
Chairmen Oberstar and Costello, as well as our ranking leaders, Mr.
Mica and Mr. Petri, on the aviation infrastructure, but I rise in
opposition to the bill which includes a number of provisions which
would hurt our Nation's airlines, especially when many are suffering
losses.
By sunsetting in 3 years the antitrust immunity for airlines
participating in international alliances, this bill puts at risk the
global competitiveness of U.S. airlines, and reduces benefits for
consumers.
International alliances help better serve Americans when traveling
abroad. When airlines partner together, consumers benefit from the
enhanced competition. They get greater access to lower fares, better
online services, and more connecting options. And if airlines are at
risk of losing their immunity, airlines may not enter into alliances
and may cut back on cooperation with foreign air carriers. And consumer
benefits would be put at risk, along with 15,000 American jobs
supported by the industry.
Oversight has been raised as an issue, but there is more than
adequate oversight already and review of these alliances by both the
Department of Justice and the Department of Transportation. The
Transportation Department may amend or revoke any existing immunity
grant, and the Department of Justice is able to investigate antitrust
concerns.
Mr. Speaker, alliances often require significant and long-term
investments for U.S. carriers. Unnecessarily sunsetting them would
compromise the viability of the industry, benefits to consumers, and
American jobs in a weakened economy.
Mr. OBERSTAR. Mr. Speaker, I would like to inquire of the time
remaining on both sides.
The SPEAKER pro tempore. The gentleman from Minnesota has 18 minutes
remaining. The gentleman from Wisconsin has 20 minutes remaining.
Mr. OBERSTAR. I now yield 3 minutes to the gentleman from Oregon (Mr.
DeFazio).
Mr. DeFAZIO. I thank the chairmen of the full committee and the
subcommittee and the ranking member for their excellent work on this.
There are a number of issues that are extraordinarily important to
the public, the traveling public, in these two pieces of legislation.
The pilot training requirement, something I've been talking about
since the early 1990s, I was shocked to find out that for those
airlines who don't have higher standards, that they can hire someone
with 250 hours of experience and put them up there on the flight deck.
This didn't become apparent to a lot of the American public until after
the horrible tragedy of the Comair crash last year, but it has been
something that has been going on for years.
{time} 1545
These low-budget sorts of carriers are trying to drag down the
industry. Instead of hiring people with higher qualifications, paying
them an actual decent working wage, when you have someone working for a
little bit over minimum wage flying your airplane, do you feel good
about that? I don't. With very inadequate training and someone who's
been up overnight because they can't afford to have their own apartment
and they have to commute across the United States of America to go home
and sleep in their mom's house? That's a heck of a way to run an
industry.
By raising the bar and raising the standard, we will not disadvantage
anybody except those who are dragging down the system. We will have a
new, higher standard, which the good airlines are already meeting, and
those who are not meeting are going to be forced to meet and they're
going to be forced to pay competitive wages to get people who are
trained to that level. This will make the American traveling public
safer.
In addition to that, I first introduced with now-Senator Ben Cardin a
bill on passenger rights in 1987. We've never quite gotten there until
this legislation. We have some critical and basic passenger rights
embedded in this FAA reauthorization--something that has been decades
in the making. We came close a number of years ago but the then-
Republican majority cut a deal for some voluntary standards which
haven't been exactly subscribed to by some members in the industry. The
industry is variable. Some are much better than others. This will make
them all go to the same level of protections for consumers.
Again, we're putting a floor in there. If someone wants to exceed it,
that's great. But let's move the floor up and go after those who are
abusing passengers.
Then, finally, in terms of the overall system, this FAA bill will
move us to a 21st century system for air traffic control, one that will
allow the airlines much more use of our airspace, much more efficiently
avoid storms, fly more fuel-efficient routes, avoid delays. That will
be of tremendous benefit both to the industry and the traveling public,
that additional predictability with NextGen.
I would recommend to our colleagues that we unanimously pass this
legislation.
Mr. PETRI. Mr. Speaker, I yield 2 minutes to our colleague from
Texas, Lamar Smith.
Mr. SMITH of Texas. Mr. Speaker, first of all, I want to thank my
friend from Wisconsin for yielding me time. I would also like to thank
Chairman Oberstar and Ranking Member Petri for their hard work on this
legislation.
Mr. Speaker, I have one concern about section 426 of the House
amendment to H.R. 1586, which I hope will be addressed. Section 426
does two main things: it requires the Government Accountability Office
to study the effect of Department of Transportation grants of antitrust
exemptions on consumer welfare; and sunsets the existing antitrust
exemptions after 3 years.
These grants of antitrust immunity allow airlines to ``codeshare''
with international partner airlines. This in turn allows the airlines
to offer more flight options to consumers. It also means that consumers
can accrue and use frequent flier miles on many airlines. Having more
flight options and more ways to spend miles is certainly a boon for the
consumer. In addition, the airlines contend that these alliances make
for healthier airlines, which is good news for the thousands of workers
that these companies employ.
As ranking member of the House Judiciary Committee which has
jurisdiction over the antitrust laws, I have concerns that under
current law, only the Secretary of Transportation can grant these
immunities. The Department of Justice's antitrust division does not
have a formal role in that process. That is something that I think
needs to be examined. I understand that the Senate version of this bill
does not have a similar provision. It is my hope that the House
Judiciary Committee will be included in any conference on this
legislation so that we can offer our antitrust perspective on this
particular issue.
Mr. OBERSTAR. I yield myself 1 minute to respond to a repeated
misunderstanding of and misconstruction of the language referring to
antitrust immunity.
Airlines are free to engage in alliances and have been ever since the
Deregulation Act of 1978. The threat to competition and to airline
prices and fairness in the marketplace is to bless that relationship,
codesharing, with immunity from the antitrust laws so that the airlines
in the alliance can collude on market and pricing and on scheduling.
They should not have antitrust immunity.
The alliance is a fair and equitable competition device, but it
should not be free from the antitrust laws of the United States.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. OBERSTAR. I yield myself 30 seconds.
If I had my way, I would eliminate the antitrust altogether, but
we're providing a process by which the benefits of alliances that have
been given antitrust immunity can be evaluated, determined whether
there was a balance of benefits to the traveling public; if so, if they
prove their case, they show that there are benefits, then the antitrust
immunity continues in place.
[[Page H2408]]
I yield 3 minutes to the distinguished gentlewoman from the District
of Columbia (Ms. Norton).
Ms. NORTON. Mr. Speaker, I want to thank the chairman of the full
committee and Chairman Costello. These two chairs have done what can
only be called heroic work twice. To do heroic work once, perhaps we'll
say that's what chairs do. But this bill through two Congresses has
only been improved by what they have done. The merits are not so much
what this amendment is about, although there is a very important
amendment in this bill.
I do want to say that this is a real jobs bill because it's an
infrastructure bill at heart about updating our airline and airport
infrastructure. But the bill is full of what the country yearns for and
why it was so popular here and in the other body. It's just got the
whole panoply of what is necessary to update the FAA: consumer
protections that people yearn for, especially as the summer months
approach; very much improved safety for the flying public, including
the number of training hours for commercial pilots, and we've learned
that one the hard way, with airline accidents, while this bill has been
winding its way through both Houses.
We have a very aged air traffic control system. This bill brings all
of these moving parts together and the committee chairs and the ranking
members deserve very special praise for putting together so complicated
a bill.
I want to comment on one matter that still is in conference and that
has to do with the perennial matter of the slots and the perimeter and
the desire of some in the other body, certainly, to save a few minutes
by coming to overcrowded Reagan Airport rather than to Dulles or to
BWI. For two decades, there was a statutory limit on the number of
slots, and then there began to be inroads into it. This has to do with
the perimeter where planes can arrive or depart to this airport, in
order to even out the air traffic with the three airports in this
region and to abate noise and traffic congestion on the ground.
Since 2000, we have had to fight every time this bill came up in
order to save the perimeter rule. The perimeter appears to have been
saved, and I appreciate the way the chairman worked on this; no
modification in the perimeter, although there are going to be more
flights, it looks like, with big planes coming in. We have offset the
flights from beyond the perimeter by using 10 slots within the
perimeter that were unused.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. OBERSTAR. I yield the gentlewoman an additional minute.
Ms. NORTON. We have been very fair in trying to keep this an even
system on the air and on the ground. I understand that, in the other
body, Mr. Warner and Mr. Webb are working still on this issue in
conference. What has given them the best head start, Mr. Chairman, is
what you did here to save the perimeter rule. I think by the time it
got there, they knew that that could not be overcome. And if we work
together, I think we can finally call this the year of the FAA bill.
I thank both sides for how well you've worked together on this very
important bill.
Mr. PETRI. Mr. Speaker, I have only one request for time, and I
reserve the balance of my time.
Mr. OBERSTAR. How much time remains on both sides?
The SPEAKER pro tempore. The gentleman from Minnesota has 16 minutes
remaining. The gentleman from Wisconsin has 18\1/2\ minutes remaining.
Mr. OBERSTAR. I yield 2 minutes to the distinguished gentleman from
Illinois (Mr. Lipinski).
Mr. LIPINSKI. Mr. Speaker, I rise today in strong support of this
motion from Chairman Oberstar. I would like to commend Chairman Jim
Oberstar and Chairman Jerry Costello for their leadership and for
making FAA reauthorization and aviation safety top priorities of our
committee and of this House. We've held over 20 hearings and five
roundtables on the FAA reauthorization in the last couple of years.
The House-passed FAA reauthorization will not only modernize our
Nation's air transportation system--which is crucially needed right
now--but will also significantly boost safety and enhance protections
for consumers and the environment.
I was especially pleased to work with the chairman to incorporate a
number of pro-consumer/pro-environment provisions into the bill,
including holding airlines more accountable for delayed passenger bags;
requiring airports to consider the implementation of recycling
programs; establishing a Federal research center to develop alternative
jet fuel; 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.
I look forward to continuing to work with Chairman Oberstar, Chairman
Costello, and the ranking member as we move to conference with the
Senate. Right now we have to continue to look forward, especially with
NextGen. We need to get this done for the American flying public, and I
urge my colleagues to support this amendment.
Mr. PETRI. I continue to reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield 3 minutes to the distinguished
gentlewoman from California (Ms. Richardson).
Ms. RICHARDSON. Mr. Speaker, I rise today in strong support of the
Oberstar amendment, Subcommittee Chair Costello, and the FAA
Authorization Act as passed by the Senate. The Oberstar amendment makes
a number of necessary fixes, one of which is to assure that the bill is
in compliance with PAYGO rules. I want to thank Chairman Oberstar for
his unrelenting leadership in bringing this amendment and the original
FAA Authorization Act to the floor.
The FAA Authorization Act represents our commitment to safety in
general aviation, commercial, cargo, and many other areas, especially
the innovative programs to come. This is important to our economy, but
also to our quality of life. I fly two times a week, 3,000 miles each
way. So I can tell you as a passenger that all of the work that we do
in our committee is important.
In the committee hearings, we have discussed issues from safety, to
programs, to what's going on with the pilots. I can assure you that
Subcommittee Chairman Costello has made every effort to ensure that
this authorization is a good bill and meets the needs of the public.
{time} 1600
This authorization is a step in the right direction to the total
modernization that is needed and that has been long awaited.
Transportation experts and those who work in the airline industry
agree that this is the time for a bold, new transportation vision. Many
Members have already spoken so far about the upcoming awaited
implementation of NextGen, but this bill is much more than that.
That is why I am proud to provide support to the FAA Reauthorization
Act as it comes before the House today, and not only today, but as
Chairman Oberstar brought it to us before.
I urge my colleagues' support in this effort.
Mr. PETRI. I have only one request and continue to reserve the
balance of my time.
Mr. OBERSTAR. Mr. Speaker, we have only one speaker left on our side,
and so since it is our responsibility to close, I would ask the
distinguished gentleman from Wisconsin to acknowledge his remaining
speaker.
Mr. PETRI. I thank the chairman.
I yield such time as he may consume to my colleague, John Mica, from
Florida.
Mr. MICA. I thank the gentleman for yielding.
Mr. Petri has done a great job as our Republican leader of the
Aviation Subcommittee. I admire his work. Mr. Costello, who chairs that
committee, Mr. Oberstar, the former Chair of that subcommittee, myself,
as a former Chair of that subcommittee, a tremendous amount of
expertise out here today.
Our committee is pretty bipartisan, and we try to get things done,
not just in the interest of our committee, not in the interest of a
partisan position, but in the interest of the country. I am
particularly frustrated today, and I expressed some of that frustration
when the rule came up. And the rule, as Members know, Mr. Speaker, is
the
[[Page H2409]]
manner in which we consider a bill and amendments.
Most Members may not be aware, Mr. Speaker, of the little quandary
that we are in right now or how we got in this position. This, in fact,
is an FAA reauthorization. It would be for a number of years. This is
the full bill. The bill that I worked on in 2003 that expired in 2007,
we have done 13 extensions as of, I think, this past week.
We have heard that, you know, it may be Bush's fault that we didn't
pass something during the first 2 years that the Democrats controlled
in overwhelming majority numbers both the House and 60 votes, until
about a month ago, in the other body.
But you can't tell me, of all people, that we couldn't deal with
President Bush on an issue that affects 11 percent of our economy. This
is 11 percent of our economy.
I stood on the floor and led the fight to override a Bush veto. I
think it was the 107th veto in the entire history of the Congress.
Mr. Oberstar happened to be in the hospital at the time, but they
were in the majority, and we did the right thing on a water resources
bill. I took on my administration--and I would do the same thing then
on Federal aviation authorization because it is in the interest of the
people that we move this forward. When we don't have policy relating to
how we operate the Federal Aviation Administration or aviation safety,
legislation up to date, there is something wrong.
So please don't tell me it's Bush's fault. The Bush that I know of
didn't have a vote here. We had the vote. We had the responsibility to
get this done years ago.
Now, what really frustrates me even more is the position that we find
ourselves in. We are engaged in, I said during the Rules debate, a huge
ping-pong ballgame with this bill and with this legislation. The 13th
expiration of the legislation and extension we had to do is now sitting
over in the other body, I am told.
Now, listen to this, it may expire next week, the 31st. We offered an
extension through the beginning of July. It has a provision in there
that Mr. Oberstar got, an agreement; we agreed together that we should
correct a formula for distribution of highway funds for major
infrastructure projects, projects of national significance, so that
four States wouldn't hog the money, get 58 percent of it. We put that
provision in there, and now it's being held hostage. What the other
body did, they sent another bill over here, not our bill, they sent on
a Ways and Means measure, their bill, so that basically it wouldn't be
conferenced.
Now Mr. Oberstar is putting his bill that we passed last May for an
extension, a full extension, on this measure. The sad part about that
is that's not going to pass right away, so we need the measure, and we
could have an expiration of our authorization for FAA next week.
This is absolutely unbelievable, inexcusable.
Now I said in the Rules Committee, and that's water over the dam, but
I would rather have taken the Senate bill, made the corrections. I can
tell you now that when we pass an FAA bill that some provisions are not
going to be in it. You have heard opposition to the antitrust immunity
sunset. That has the potential for killing 15,000 American jobs, 15,000
American jobs at a time when unemployment is at its highest rate in the
United States in decades.
The foreign repair station provision that we are adding back in, we
are adding these things back in today to go back over there to ping-
pong back and forth, and they aren't going to pass. They aren't going
to pass. The foreign repair station provision, which just happens to
violate international treaties, would also threaten 130,000 good-paying
jobs in the United States of America. How sad today that we are playing
games when people need good-paying jobs and with the potential of
passing this. Now, people are going to vote for this in a few minutes.
Mr. Speaker, I would submit for the Record the list of certified
repair stations in House Aviation Subcommittee members' districts.
U.S. BASED EASA CERTIFICATED REPAIR STATIONS IN HOUSE AVIATION SUBCOMMITTEE MEMBER DISTRICTS
----------------------------------------------------------------------------------------------------------------
Member Name Location EASA? Employees
----------------------------------------------------------------------------------------------------------------
Democratic Member:
Costello..................... Midcoast Aviation... Cahokia, IL......... Yes--#4676.......... 1,339
------------
1,339
Filner....................... Rohr Inc............ Chula Vista, CA..... Yes--#4831.......... 613
------------
613
Larsen....................... Goodrich Interiors Everett, WA......... Yes--#4265.......... 13
Seattle Service
Center.
Messier Bugatti Everett, WA......... Yes--#5403.......... 26
Systems Inc.
Precision Engines Everett, WA......... Yes--#4781.......... 45
LLC.
------------
84
Carnahan..................... Ameron Global St. Louis, MO....... Yes--#4712.......... 10
Product Support.
Essex PB & R St. Louis, MO....... Yes--#5184.......... 9
Corporation.
------------
19
Griffith..................... BASF Catalysts LLC.. Huntsville, AL...... Yes--#5314.......... 20
PPG Industries...... Huntsville, AL...... Yes--#4755.......... 636
------------
656
Johnson...................... Associated Air Dallas, TX.......... Yes--#4173.......... 208
Center LP.
Chromalloy Gas Dallas, TX.......... Yes--#4320.......... 200
Turbine LLC.
Dallas Airmotive Inc Dallas, TX.......... Yes--#4368.......... 525
Flite Components LLC Dallas, TX.......... Yes--#5303.......... 19
Gulfstream Aerospace Dallas, TX.......... Yes--#5384.......... 656
Services
Corporation.
Learjet Inc......... Dallas, TX.......... Yes--#5311.......... 80
National Aircraft Dallas. TX.......... Yes--#5209.......... 12
Services Inc.
Pratt and Whitney Dallas, TX.......... Yes--#6066.......... 19
Services Inc.
Premier Air Center Dallas, TX.......... Yes--#6049.......... 16
Inc.
------------
1,735
Mitchell..................... Arinc Inc........... Scottsdale, AZ...... Yes--#5987.......... 43
Copper State Turbine Scottsdale, AZ...... Yes--#6056.......... 45
Engine Company.
------------
88
Cohen........................ Aeroframe Airepairs. Memphis, TN......... Yes--#4134.......... 76
Aerospace Products Memphis, TN......... Yes--#5220.......... 9
International.
Avionics Specialists Memphis, TN......... Yes--#4220.......... 80
Inc.
Floats and Fuel Memphis, TN......... Yes--#4448.......... 13
Cells Service
Center.
Intersky Precision Memphis, TN......... Yes--#4576.......... 15
Instrument.
T-Aerospace LLC..... Memphis, TN......... Yes--#5628.......... 25
------------
218
Richardson................... Belt Makers Inc..... Torrance, CA........ Yes--#6065.......... 7
Cupery Corporation.. Torrance, CA........ Yes--#4359.......... 10
Honeywell Torrance, CA........ Yes--#4135.......... 111
International.
IPECO............... Torrance, CA........ Yes--#5366.......... 17
MOOG Inc............ Torrance, CA........ Yes--#4684.......... 107
Plasma Technology Torrance, CA........ Yes--#4751.......... 45
Inc..
Robinson Helicopter Torrance, CA........ Yes--#5073.......... 1,015
Company.
Shimadzu Precision Torrance, CA........ Yes--#5693.......... 8
Instruments Inc.
------------
1,320
Brown........................ Flightstar Aircraft Jacksonville, FL.... Yes--#5370.......... 513
Services.
JAS Services Inc.... Jacksonville, FL.... Yes--#5386.......... 9
[[Page H2410]]
Unison Industries Jacksonville, FL.... Yes--#4976.......... 42
LLC.
Cessna Aircraft Orlando, FL......... Yes--#4303.......... 156
Company.
Chase Aerospace Inc. Orlando, FL......... Yes--#5226.......... 17
Hawk Aviation Orlando, FL......... Yes--#6015.......... 7
Services.
Live TV............. Orlando, FL......... Yes--#6030.......... 156
Swissport USA Inc... Orlando, FL......... Yes--#5642.......... 35
------------
935
Cummings..................... Avdyne Aeroservices Baltimore, MD....... Yes--#6038.......... 33
LLC.
------------
33
Ortiz........................ MC Turbine Inc...... Corpus Christi, TX.. Yes--#5625.......... 100
------------
100
------------
Total EASA Active .................... .................... .................... 7,140
Certificated Jobs in
Democratic Aviation
Subcommittee Member
Districts.
Republican Members:
Petri........................ Gulfstream Aerospace Appleton, WI........ Yes--#4607.......... 850
Services
Corporation.
------------
850
Coble........................ Cessna Aircraft Greensboro, NC...... Yes................. 100
Company.
Genesis Aviation.... Greensboro, NC...... Yes................. 51
GSO Aviation........ Greensboro, NC...... Yes................. 4
Triad International Greensboro, NC...... Yes................. 1.391
Maintenance
Corporation.
------------
1,546
Ehlers....................... Eaton Aerospace LLC. Grand Rapids, MI.... Yes................. 72
GE Aviation Systems Grand Rapids, MI.... Yes................. 38
LLC.
L3 Communications Grand Rapids, MI.... Yes................. 139
Avionics Systems.
------------
249
Gerlach...................... Innovative Solutions Exton, PA........... Yes................. 156
and Support.
------------
156
Mack......................... Air Technology Naples, FL.......... Yes................. 13
Engines, Inc.
------------
13
Schmidt...................... Cincinnati Thermal Cincinnati, OH...... Yes................. 88
Spray, Inc.
CTL Aerospace Inc... Cincinnati, OH...... Yes................. 52
TSS Aviation, Inc... Cincinnati, OH...... Yes................. 265
------------
405
Fallin....................... AAR Services Inc.... Oklahoma City, OK... Yes................. 788
Dow Aerospace....... Oklahoma City, OK... Yes................. 14
------------
802
Buchanan..................... Baker Electronics Sarasota, FL........ Yes................. 45
Inc.
L3 Communications Sarasota, FL........ Yes................. 196
Corporation.
Radiant Power Sarasota, FL........ Yes................. 40
Corporation.
------------
281
------------
Total EASA Active .................... .................... .................... 4,302
Certificated Jobs in
Republican Aviation
Subcommittee Member
Districts.
------------
Total EASA Active .................... .................... .................... 11,442
Certificated Jobs in ALL
Aviation Subcommittee
Member Districts.
----------------------------------------------------------------------------------------------------------------
At least 13 EASA Active Certificated Jobs in 20 of 44 Aviation Subcommittee Member Districts.
These are just members of the Transportation and Infrastructure
Committee who will lose jobs. I saw Ms. Richardson speak; she will lose
about 1,300 jobs in Torrance, California. I heard Mr. Costello speak,
the chairman of the Aviation Subcommittee; he has the potential for
losing 1,339 jobs.
The FedEx provision, which will allow local strikes, everybody knows
what this is about. The other body has said, no, they will not accept
it. Our side of the aisle has said, no, we will not accept it. It's not
going to be in a final bill. Wake up to reality and pass the
legislation that has been lacking now for 3 years.
We have not set the policy, the projects, the funding formula at a
time in when this Nation needs jobs--j-o-b-s, jobs. It's that simple.
So why are we playing this obscene, kabuki game with the other body?
The aircraft rescue and fire mandates one-size-fits-all will actually
close down some of our airports to require and mandate some of the
provisions that we are going to send back over there--one-size-fits-all
for little airports. Little airports don't need the same requirement as
La Guardia, JFK, LAX, MCO. They don't need the same requirements. So
why would we impose those expensive, unworthy requirements on all of
our airports across the land that's opposed by the airports.
So here we are, we are going home. We have to face people who have
lost their jobs, people who have lost their homes, people who come to
you with tears in their eyes because they can't provide for their
families.
And what are we going to tell them? We are going to tell them with a
straight face, folks, we played this little game with 11 percent of our
economy, and we have no policy. We haven't approved the projects, now,
for some 3 years. We could blame it on Bush, we could blame it on
whoever. But the fact is, we are responsible. We had the ability to do
this now rather than later, and we didn't do it. So we should be
embarrassed.
Now, I know Mr. Oberstar has done as much as he can do. But at some
point you have to face reality and see some of these provisions are not
going to be in any final reauthorization. So I am not a happy camper. I
am going to oppose this. If it came down to one vote, and it required
my vote to go forward, it won't happen. But if it did, I would vote to
pass it even though I am in opposition right now, because I have to
move the process forward, and that's my responsibility. But many will
vote against it because they opposed it before, and here we are again
doing the same thing.
This is like Groundhog Day. We are repeating it over and over all to
the detriment of the American people. Folks, the American people don't
want a Groundhog Day. They want us to get the job done, and they want
jobs out there.
Mr. OBERSTAR. I yield such time as he may consume to the chairman of
the subcommittee, Mr. Costello.
Mr. COSTELLO. I thank the gentleman for yielding.
Mr. Speaker, let me thank Chairman Oberstar for not only all of his
hard work--I think everyone in this body recognizes that no one knows
more about aviation and transportation issues, not only in the
Congress, but I would venture to say in this country, than the chairman
of our full committee, Mr. Oberstar.
Both of these bills, both the reauthorization bill and the pilot
safety bill, are very good bills. Both have gone through extensive
hearings. As I said, we had over 20 safety hearings on the
reauthorization bill. We had many roundtable discussions. We had the
input of everyone that you can think of in the industry. We heard from
all sides. No one was shut out of the process.
[[Page H2411]]
The airlines, the airports, the pilots, the flight attendants, the
mechanics, the family members of those who perished in the Colgan
tragedy, we heard from all of them. We had Captain Sullenberger in to
talk to us about the pilot safety bill to seek his opinion about what
needed to be done as far as increasing standards and improving safety.
So both of these bills, both the reauthorization bill and the pilot
safety bill, they also--not only did we go through extensive hearings
but they passed the committee overwhelmingly and passed this body
overwhelmingly. There are no surprises in either one of those bills, in
the FAA reauthorization bill or in the pilot training bill. All of the
issues, all of the provisions that are in both of these bills have gone
through extensive hearings and through extensive discussions. There
were no surprises.
My friend from Florida makes reference to the bill that he passed as
chairman of the Aviation Subcommittee in 2003, and I think it's worth
noting that we, as chairman of the Aviation Subcommittee and Mr.
Oberstar as chairman of the full committee, we started negotiations on
the reauthorization bill back in 2007, in the spring of 2007. We met
with our friends on the other side of the aisle. We talked about the
reauthorization bill, what needed to be in it, and it was the Bush
administration.
My friend from Florida knows because he told me over and over again
that if we passed the bill that we were putting together, that the Bush
administration would veto the bill. In addition to that, it was the
Bush administration administrator of the FAA at the time, Ms. Blakey,
who was the administrator of the FAA, who, in fact, we had a difficult
time negotiating with her concerning some provisions in the bill, in
particular, the contract problems with the air traffic controllers.
And then after she left the position and an acting administrator, Mr.
Sturgell, was appointed, he, in fact, dragged negotiations out. And
finally, when we got to the point where we thought we had an agreement,
there was only one pending problem with the agreement, and the FAA
demanded some concessions on the part of the air traffic controllers.
And the air traffic controllers came into a meeting with all of us and
said, if that's what it takes to get a contract and get this dispute
settled, we will give it up. We will make these concessions.
And Mr. Sturgell, in that room, said, well, there are other issues.
We thought we had an agreement but for one item. And when the air
traffic controllers said we will make those concessions, we are all in
to get this solved, it was the Bush administration that said, we have
more problems and other issues that we have to discuss.
{time} 1615
So let me just say that I am not here to point fingers. But when my
friend from Florida says that the Democrats control the House and the
Senate and the White House, the fact of the matter is what I just said:
we were ready to go with the bill in the spring and summer of 2007, and
the reason that it was held up is because we continued to try and
negotiate and try and get the Bush administration and the FAA under the
Bush administration to reach agreements with us and, unfortunately, it
did not happen. We came to the floor, and we passed the bill in 2007
with very strong support.
Again, I would just remind Members, there are no surprises in this
bill today. Every provision in the FAA reauthorization bill, every
provision in the pilot safety and training bill, all of those
provisions were aired out with everyone in the industry and, in fact,
were discussed by the leadership of the committee and the members of
the committee when these bills were marked up in committee. We had
extensive discussions. There are no surprises. Nothing has been added
to either one of these bills that we have before us today.
Let me conclude, Mr. Speaker, by saying, Mr. Mica says this is a job
killer and in fact has read off from a list of how many jobs that each
Member could potentially lose in their district. Let me tell you what
the FAA says.
The FAA says that this is not a job killer, but it will create jobs.
And what they say is, in the short term, the bill will immediately
create good construction and technology jobs, giving local economies
the jump-start they need. So the economics will improve, the economy
will improve. According to the FAA, the bill will allow billions to be
spent on upgrading and expanding airports throughout the country. It is
expected to create 125,000 jobs annually.
That comes from the FAA. This is not a job killer. This is a job
creator. It is investing in our infrastructure at our airports, it will
reduce congestion, it will reduce delays. It has a consumer protection
provision in these bills to protect passengers.
Let me just conclude by saying that I would hope my friend from
Florida and my friends on the other side of the aisle would in fact
vote in favor of this legislation. And whatever differences that we may
have in the provisions that they may not like, that's why we have a
conference, that's why we go to conference, to work out our
differences.
So I would urge my colleagues to vote ``yes'' on this legislation.
Mr. PETRI. Mr. Speaker, I would just observe that we are talking past
each other a little bit. I think the bill overall, I certainly would
not dispute the estimate of the Department of Transportation or the FAA
that increasing the funding available for construction of new airports
and for operating the system and for putting in the NextGen and so on
will create jobs within the airline system.
But I think the ranking member, Mr. Mica, was speaking about some
other provisions of the bill and the impact it might have under certain
interpretations, on, for example, repair stations or on airline jobs in
this country. So there would be gains in one area, but there are
potential losses in another area. That was the concern.
Mr. MICA. Will the gentleman yield?
Mr. PETRI. I yield to the gentleman.
Mr. MICA. To that point, I did say I would be willing to cast, if it
came to one vote, a vote to move this process forward, because I have
always tried to work in a bipartisan manner, and I appreciate the
manner in which, Mr. Speaker, both Mr. Costello and Mr. Oberstar work
on this.
One of the things that does concern me--and it's my understanding,
Mr. Speaker, that this came over on a Ways and Means measure. We are
sending it back. We won't necessarily get a chance to even conference
this in the normal manner. So I am concerned about also the process.
I am concerned, too, that we aren't passing a final bill today. This
has many good provisions in it. There are some differences that need to
be resolved.
In fact, what really irritates me, too, is the safety provision. The
safety bill that is added on by the other body, we agreed in a
bipartisan manner, and it is sinful that that is not enacted on the
President's desk almost immediately. That's in this measure and I
support that strongly, and we worked together to get that on there. But
we do have differences and we do have to face reality, and we need to
get the job done.
Mr. PETRI. I yield back the balance of my time.
Mr. OBERSTAR. Mr. Speaker, how much time remains on our side?
The SPEAKER pro tempore. The gentleman has 9\1/2\ minutes remaining.
Mr. OBERSTAR. I yield myself such time as I may consume.
First, I have made it clear from the outset that the process in which
we find ourselves on the House floor is due to the means by which the
Senate brought their bill through the Senate and sent it over to us,
and one aspect of that is that the aviation bill reported by the Senate
includes a tax provision, which the Senate cannot initiate. Under the
Constitution, it must be initiated by the House.
So in order to keep faith with the Constitution, the Senate amended
an already-passed House tax bill to which they added their aviation
bill. The tax provision has now been vacated, and we send back to the
Senate an aviation bill on which there will be a conference.
We have insisted on it. Our leadership has concurred and said there
will be a conference; they agreed with the Senate leadership, and there
will be a conference. And these issues that have
[[Page H2412]]
been discussed of the provisions of the House bill have twice passed
the House already, will be matters to be discussed with our colleagues
in the Senate in the conference in an open conference session, period.
It is a complex process to get us there, but it is a process by which
we will get to conference with the Senate.
Now, never did I say in my remarks that the inability to pass this
bill in 2007 was the fault of President Bush. I did not say that. I
said, and I read from the Statement of Administration Policy, that if
our 2007 bill, H.R. 2881, were presented to the President, his senior
advisers would recommend that he veto the bill. That is quite plain on
its face a statement recited from the administration's Statement of
Administration Policy.
We moved, as Mr. Costello already explained and laid out the time
line, very promptly in our committee, preceded by consultations with
our Republican colleagues. We had discussions in February, March, and
April, into May. We had a markup in committee in May. And then we
withheld going to the floor in an attempt to reach an agreement with
the FAA, the Bush administration, and the air traffic controllers.
And I must compliment the gentleman from Florida (Mr. Mica), the
ranking member, for his participation, his ready willingness to engage
personally, not just send minions, but to engage personally in that
process. He participated in numerous meetings with Mr. Costello and me,
Secretary Peters, Marion Blakey, administrator of FAA, and a person
from the Office of Management and Budget to speak authoritatively for
the administration on the budget and expenditure issues. We talked
extensively in June and in July. We had several meetings through July
and the first week of August.
We came back the first week of September after the August recess, and
again, Mr. Mica in the room, we had discussions. I give him great
credit for engaging himself personally. We could not reach the--not
``we''--the air traffic controllers and the administration could not
reach agreement. At that point we said we do have a responsibility to
move this bill, and on September 20 it passed the House 267-151.
There was no comparable bill in the Senate. The Senate was wrestling
with the administration's proposals for taxes that Senators objected
to, financing agreements that the Senate objected to that they found
that they could not reach agreement internally nor could they reach
agreement with the administration. Therefore, we had to pass finally an
extension of current law, the bill that Mr. Mica authored as Chair of
the Aviation Subcommittee in 2003 and which we all supported.
Since then, we have had a Presidential election, the administration
moved in, and we moved promptly on our bill. We did all the right
things to reach agreement, starting from our point in 2007 and 2008.
Meanwhile, the administration addressed the issue of the air traffic
controller contract. Secretary LaHood made it his first responsibility:
bring the controllers in, bring the FAA, bring the Office of Management
and Budget into discussions. Find what the points of agreement were,
points of disagreement, and resolve the matter, as it should be done.
With good will and willingness on both sides, some 600 items were
resolved, including the very crucial ones of pay and pay grades and pay
scales, and a starting point of next negotiation for the follow-on
contract. It was a remarkable achievement, and the end result was that
94 percent of controllers voted in favor of it.
I am very mystified by the comment that I heard about the aircraft
rescue and firefighting standards. Section 311 requires the FAA to
begin a rulemaking to update aircraft rescue and firefighting standards
and bring them into compliance with existing national voluntary
consensus standards for response time, deployment, staffing, hazardous
materials training only if such standards are found to be practical.
That is not a one-size-fits-all. That is not a straitjacket. That is
not imposing something arbitrarily. That is a process by which these
issues can be resolved. It is a rational response. It was agreed upon
in our committee. FAA, airport authorities, International Association
of Firefighters participated in developing the standards and support
them. The rulemaking will provide a process by which all those who have
an interest in air crash fire and rescue will have the opportunity to
have a say in and shape the final standards.
We are not doing it by law. We are not saying this is the standard.
We are not shoving something down somebody's throat. We are creating a
process by which that standard can be established.
I know a good deal about air crash rescue and firefighting because we
have a facility in Duluth, not at the airport, but operated by the
community college, lake Superior College. It's no longer a community
college, it's a full-fledged university-level operation, and they train
firefighters. They were training over 2,000 a year from all over the
United States, from 14 foreign countries that came to this facility.
They know a good deal about standards and about equipment and training
of personnel.
{time} 1630
They have, in fact, the hull of a DC-10 that is used as training.
They put it on fire a couple of times a week. They train people in how
to deal with fire and to rescue people from burning aircraft. And so
what we've created in this legislation is a process by which standards
will be set for the whole country to save lives.
The pure speculation and the scare tactics that the airlines have
engaged in--they've sent talking points to people around the country
and to various airport authorities and had them send this false
information on. That's pure scare tactics. I already used time to
explain this with the gentleman from Texas.
This bill needs to pass.
Mr. POMEROY. Mr. Speaker, I rise today to express concern with
certain provisions of H.R. 1586, the FAA Air Transportation
Modernization and Safety Improvement Act of 2010.
I am pleased that the Senate has taken action on the Federal Aviation
Administration, FAA, reauthorization bill, and that we are a step
closer to enacting meaningful legislation that will advance airline
safety and improve pilot training. While I strongly support the goals
of the bill, I continue to have concerns about the pilot training
provision in H.R. 1586, the FAA Air Transportation Modernization and
Safety Improvement Act of 2010.
The pilot training provision requires an airline pilot to hold an
Airline Transport Pilot, ATP, certificate, which necessitates a minimum
of 1,500 flight hours. The new focus on total flight hours rather than
the quality of those hours will not provide the increased safety and
pilot quality that is the goal of this legislation. It could in
practice have the opposite effect, by driving students to undertake low
value flying at the expense of high quality directed flight training.
By dramatically increasing the costs of training we will drive our
most qualified potential pilots out of accredited flight schools such
as the John D. Odegard School of Aerospace Sciences at the University
of North Dakota that have produced exceptional pilots for decades.
Graduates of these programs receive high quality flight instruction
that is much more valuable than a pilot who might just be racking up
straight and level flight time that has no increased educational or
safety benefits.
I am concerned that these increased costs could encourage pilots to
seek less costly training alternatives and potentially be counter to
the bill's intended goal of increasing safety. I believe that as this
legislation moves forward some consideration must be given to
Collegiate Aviation Programs that have been accredited by the Aviation
Accreditation Board International, AABI. This will help to increase the
focus of these requirements on quality of training rather than quantity
of flight hours.
While I will be voting in favor of this legislation in order to move
forward the important process of increasing the safety of commercial
aviation, I do so with reservations. Before this legislation becomes
law I believe that it is important that the bill be modified to
recognize the tremendous benefits that our nation's accredited flight
schools provide.
Mr. RAHALL. Mr. Speaker, as we all know, aviation is a critical
component of our Nation's transportation system. Aviation not only
supports the quick and efficient delivery of goods and services it is
essential to the health and success of our Nation's commerce.
While moving goods and people is a major aspect of aviation, we must
not overlook the role aviation and our airports play in the well-being
of our small communities. In many cases, they act as the economic
engine that powers our local economies.
Essential Air Services has assisted our small communities in kick
starting the promise of economic development. In fact, businesses often
cite proximity to air service as one of their top requirements in
choosing a location.
[[Page H2413]]
Throughout my career I have taken steps to not only ensure increased
EAS funding, but to ensure on-time regularly scheduled air service is a
priority for small communities, as well as large communities.
My March 8, 2010, letter to the U.S. Government Accountability
Office, with signed support from Chairman Oberstar and Subcommittee
Chairman Costello, requests an investigation into delays and
cancellations in small communities. This request initiates the process
of narrowing down what changes we can make to increase air service
reliability at our rural airports. The FAA Air Transportation
Modernization and Safety Improvement Act renews our commitment to the
Essential Air Service program.
As the Representative elected nearly 34 years ago by the great people
of southern West Virginia, I know just how crucial EAS is to the
survival of many rural airports.
The last FAA reauthorization bill made the Small Community Air
Service Development, SCASD, Program a permanent program and increased
authorized EAS funding to ensure the continuation of air service for
rural businesses and residents that otherwise would find local air
service too expensive.
This bill today improves our commitment to rural communities, brings
stability to rural air service and encourages small communities to
build relationships with air carriers that serve them. As importantly,
this bill increases the authorized funding level for Essential Air
Service, EAS, from $127 million to $200 million per year through FY
2012 and extends the Small Community Air Services Development, SCASD,
program through FY 2012 at the current authorized funding level of $35
million per year.
Airports have a vital role in our communities serving as both direct
and indirect employers of our citizens--from the aircraft mechanics and
airport managers who support the safety and on-time performance of
flights, to the cooks and custodians who provide comfort and
convenience for weary travelers.
Airports attract business development to communities and ensure local
businesses remain robust and have opportunity for growth. For these
reasons and more, businesses are drawn to those communities that can
boast of a strong local airport.
To stay competitive in an ever-changing global marketplace, airports
are constantly faced with pressures to modernize their operations.
Often, local communities take it upon themselves to come up with the
necessary funds and make improvements themselves. That is a crucial,
and often difficult, goal.
Essential Air Service funding can make the difference between a
community having access to aviation or not. The program has kept many
airports operational and, in many cases, made lasting improvements to
the services offered.
We must take it upon ourselves to do more to ensure that local
airports, like the ones in my State of West Virginia, can continue to
operate and provide much needed air service and jobs.
In closing, I just want to reiterate my strong belief that the EAS
program provides rural areas with a vital link to our national air
transportation system and promotes business development in our local
communities.
Mr. VAN HOLLEN. Mr. Speaker, I rise to support the FAA Air
Transportation Modernization and Safety Act. This important legislation
will modernize our air traffic control systems, improve safety, and
protect passenger rights.
This bill will provide historic funding levels to improve airports,
streamline operations, and update our air traffic control system to
make it safer and more efficient. It strengthens air carrier oversight
and revises training requirements to ensure that all the pilots in the
cockpit have the most advanced certification. Finally, it provides
vital consumer protections to make sure that when there are long delays
on the tarmac, passengers have the option to leave the plane.
I hope my colleagues will join me to support this bill and that we
move quickly to reconcile differences with the Senate and enact this
much-needed legislation.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to clause 1(c) of rule XIX, further consideration of the
motion will be postponed.
____________________