[Congressional Record (Bound Edition), Volume 156 (2010), Part 3]
[Senate]
[Pages 2977-3017]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3452. Mr. ROCKEFELLER proposed an amendment to the bill H.R. 1586, 
to impose an additional tax on bonuses received from certain TARP 
recipients; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``FAA 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.
Sec. 206. Sale of private airport to public sponsor.
Sec. 207. Government share of certain air project costs.
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.

      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. Unmanned aerial systems.
Sec. 320. Surface Systems Program Office.
Sec. 321. Stakeholder coordination.
Sec. 322. FAA task force on air traffic control facility conditions.
Sec. 323. State ADS-B equipage bank pilot program.
Sec. 324. Implementation of Inspector General ATC recommendations.
Sec. 325. Definitions.

 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.

          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.

                       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.

                            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.

                      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.

[[Page 2978]]

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.
Sec. 722. Line check evaluations.

 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.

     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''.

                     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;

[[Page 2979]]

       ``(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 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.

[[Page 2980]]

     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
       ``(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. 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);

[[Page 2981]]

       (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 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:

[[Page 2982]]



     ``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
       (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.

      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.
       ``(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;

[[Page 2983]]

       ``(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) Compensaton.--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'';
       (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

[[Page 2984]]

       (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.''.

[[Page 2985]]



     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 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--

[[Page 2986]]

       (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 from deployment of ADS-B and provide 
     and 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;
       (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.

     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. 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.

[[Page 2987]]

       (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.

     SEC. 320. 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. 321. 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. 322. 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. 323. 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.

[[Page 2988]]

       (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 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. 324. 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. 325. 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.

 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.

[[Page 2989]]



     ``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.
       ``(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.''.

          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. 40101 note) is amended by 
     striking ``September 30, 2007.'' and inserting ``September 
     30, 2011.''.

     SEC. 413. EAS CONTRACT GUIDELINES.

       Section 41737(a)(1) is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (B);

[[Page 2990]]

       (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--
       (1) by redesignating subsections (c) through (g) as 
     subsections (d) through (h), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Conversion of Lost Eligibility Airports.--
       ``(1) 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.
       ``(2) Grants.--A grant under this subsection--
       ``(A) may not exceed twice the compensation paid to provide 
     essential air service to the airport in the fiscal year 
     preceding the fiscal year in which the Secretary determines 
     that the place served by the airport is no longer an eligible 
     place; and
       ``(B) may be used--
       ``(i) for airport development (as defined in section 
     47102(3)) that will enhance general aviation capacity at the 
     airport;
       ``(ii) to defray operating expenses, if such use is 
     approved by the Secretary; or
       ``(iii) to develop innovative air service options, such as 
     on-demand or air taxi operations, if such use is approved by 
     the Secretary.
       ``(3) AIP requirements.--An airport sponsor that uses funds 
     provided under this subsection 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 subsection.
       ``(4) Limitation.--The sponsor of an airport receiving 
     funding under this subsection is not eligible for funding 
     under section 41736.''.
       (b) Conforming Amendment.--Section 41745(f), as 
     redesignated, is amended--
       (1) by striking ``An eligible place'' and inserting 
     ``Neither an eligible place, nor a place to which subsection 
     (c) applies,''; and
       (2) by striking ``not''.

     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

[[Page 2991]]

     paragraph (1) and consultation with the affected community 
     and the State or local government or person agreeing to pay 
     compensation under subsection (c)(2).
       ``(f) Ending, Suspending, and Reducing Air 
     Transportation.--A preferred air carrier providing air 
     transportation to an eligible place under this section may 
     end, suspend, or reduce such air transportation if, not later 
     than 30 days before ending, suspending, or reducing such air 
     transportation, the preferred air carrier provides notice 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.''.

                       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.

                            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 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

[[Page 2992]]

     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

[[Page 2993]]

     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 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.

[[Page 2994]]



     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.
       (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

[[Page 2995]]

       (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 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

[[Page 2996]]

     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--
       (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

[[Page 2997]]

     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 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)''.

[[Page 2998]]



     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 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

[[Page 2999]]

     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.--The final rule 
     prescribed under subsection (a) shall, among any other 
     requirements established by the rule, require that a pilot 
     have no less than 750 hours of flight time before serving as 
     a flightcrew member for a part 121 air carrier.
       (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 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.

     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

[[Page 3000]]

     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.

                      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--

[[Page 3001]]

       (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 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.

[[Page 3002]]

       (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''.

     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

[[Page 3003]]

     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 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.

[[Page 3004]]

       ``(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).

     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) by striking ``National Park Service'' in subsection 
     (b)(4)(C) 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;
       ``(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 may 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 consider 
     the cost of developing air tour management plans for each 
     national park.
       (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

[[Page 3005]]

     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) Authorization of Appropriations for Air Tour Management 
     Plans.--
       (1) In general.--There are authorized to be appropriated 
     $10,000,000 to the Secretary of the Interior for the 
     development of air tour management plans under section 
     40128(b) of title 49, United States Code.
       (2) Use of funds.--The funds authorized to be appropriated 
     by paragraph (1) shall be used to develop air tour management 
     plans 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.''.
       (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

[[Page 3006]]

       (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 FAA Air Transportation 
     Modernization

[[Page 3007]]

     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

[[Page 3008]]

     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.
       (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).

 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

[[Page 3009]]

     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 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

[[Page 3010]]

     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--
       (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.
                                 ______
                                 
  SA 3453. Mr. SESSIONS (for himself and Mrs. McCaskill) proposed an 
amendment to amendment SA 3452 proposed by Mr. Rockefeller to the bill 
H.R. 1586, to impose an additional tax on bonuses received from certain 
TARP recipients; as follows:

       At the end, insert the following:

     SEC. _01. DISCRETIONARY SPENDING LIMITS.

       (a) In General.--Title III of the Congressional Budget Act 
     of 1974 is amended by inserting at the end the following:


                    ``discretionary spending limits

       ``Sec. 316.  (a) Discretionary Spending Limits.--It shall 
     not be in order in the House of Representatives or the Senate 
     to consider any bill, joint resolution, amendment, or 
     conference report that includes any provision that would 
     cause the discretionary spending limits as set forth in this 
     section to be exceeded.
       ``(b) Limits.--In this section, the term `discretionary 
     spending limits' has the following meaning subject to 
     adjustments in subsection (c):
       ``(1) For fiscal year 2011--
       ``(A) for the defense category (budget function 050), 
     $564,293,000,000 in budget authority; and
       ``(B) for the nondefense category, $529,662,000,000 in 
     budget authority.
       ``(2) For fiscal year 2012--
       ``(A) for the defense category (budget function 050), 
     $573,612,000,000 in budget authority; and
       ``(B) for the nondefense category, $533,232,000,000 in 
     budget authority.
       ``(3) For fiscal year 2013--
       ``(A) for the defense category (budget function 050), 
     $584,421,000,000 in budget authority; and
       ``(B) for the nondefense category, $540,834,000,000 in 
     budget authority.
       ``(4) With respect to fiscal years following 2013, the 
     President shall recommend and the Congress shall consider 
     legislation setting limits for those fiscal years.
       ``(c) Adjustments.--
       ``(1) In general.--After the reporting of a bill or joint 
     resolution relating to any matter described in paragraph (2), 
     or the offering of an amendment thereto or the submission of 
     a conference report thereon--
       ``(A) the Chairman of the Senate Committee on the Budget 
     may adjust the discretionary spending limits, the budgetary 
     aggregates in the concurrent resolution on the budget most 
     recently adopted by the Senate and the House of 
     Representatives, and allocations pursuant to section 302(a) 
     of the Congressional Budget Act of 1974, by the amount of new 
     budget authority in that measure for that purpose and the 
     outlays flowing there from; and
       ``(B) following any adjustment under subparagraph (A), the 
     Senate Committee on Appropriations may report appropriately 
     revised suballocations pursuant to section 302(b) of the 
     Congressional Budget Act of 1974 to carry out this 
     subsection.
       ``(2) Matters described.--Matters referred to in paragraph 
     (1) are as follows:
       ``(A) Overseas deployments and other activities.--If a bill 
     or joint resolution is reported making appropriations for 
     fiscal year 2011, 2012, or 2013, that provides funding for 
     overseas deployments and other activities, the adjustment for 
     purposes paragraph (1) shall be the amount of budget 
     authority in that measure for that purpose but not to 
     exceed--
       ``(i) with respect to fiscal year 2011, $50,000,000,000 in 
     new budget authority;
       ``(ii) with respect to fiscal year 2012, $50,000,000,000 in 
     new budget authority; and
       ``(iii) with respect to fiscal year 2013, $50,000,000,000 
     in new budget authority.
       ``(B) Internal revenue service tax enforcement.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2011, 2012, or 
     2013, that includes the amount described in clause (ii)(I), 
     plus an additional amount for enhanced tax enforcement to 
     address the Federal tax gap (taxes owed but not paid) 
     described in clause (ii)(II), the adjustment for purposes of 
     paragraph (1) shall be the amount of budget authority in that 
     measure for that initiative not exceeding the amount 
     specified in clause (ii)(II) for that fiscal year.
       ``(ii) Amounts.--The amounts referred to in clause (i) are 
     as follows:

       ``(I) For fiscal year 2011, $7,171,000,000, for fiscal year 
     2012, $7,243,000,000, and for fiscal year 2013, 
     $7,315,000,000.
       ``(II) For fiscal year 2011, $899,000,000, for fiscal year 
     2012, and $908,000,000, for fiscal year 2013, $917,000,000.

       ``(C) Continuing disability reviews and ssi 
     redeterminations.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2011, 2012, or 
     2013 that includes the amount described in clause (ii)(I), 
     plus an additional amount for Continuing Disability Reviews 
     and Supplemental Security Income Redeterminations for the 
     Social Security Administration described in clause (ii)(II), 
     the adjustment for purposes of paragraph (1) shall be the 
     amount of budget authority in that measure for that 
     initiative not exceeding the amount specified in clause 
     (ii)(II) for that fiscal year.
       ``(ii) Amounts.--The amounts referred to in clause (i) are 
     as follows:

       ``(I) For fiscal year 2011, $276,000,000, for fiscal year 
     2012, $278,000,000, and for fiscal year 2013, $281,000,000.
       ``(II) For fiscal year 2011, $490,000,000; for fiscal year 
     2012, and $495,000,000; for fiscal year 2013, $500,000,000.

       ``(iii) Asset verification.--

       ``(I) In general.--The additional appropriation permitted 
     under clause (ii)(II) may also provide that a portion of that 
     amount, not to exceed the amount specified in subclause (II) 
     for that fiscal year instead may be used for asset 
     verification for Supplemental

[[Page 3011]]

     Security Income recipients, but only if, and to the extent 
     that the Office of the Chief Actuary estimates that the 
     initiative would be at least as cost effective as the 
     redeterminations of eligibility described in this 
     subparagraph.
       ``(II) Amounts.--For fiscal year 2011, $34,340,000, for 
     fiscal year 2012, $34,683,000, and for fiscal year 2013, 
     $35,030,000.

       ``(D) Health care fraud and abuse.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2011, 2012, or 
     2013 that includes the amount described in clause (ii) for 
     the Health Care Fraud and Abuse Control program at the 
     Department of Health & Human Services for that fiscal year, 
     the adjustment for purposes of paragraph (1) shall be the 
     amount of budget authority in that measure for that 
     initiative but not to exceed the amount described in clause 
     (ii).
       ``(ii) Amount.--The amount referred to in clause (i) is for 
     fiscal year 2011, $314,000,000, for fiscal year 2012, 
     $317,000,000, and for fiscal year 2013, $320,000,000.
       ``(E) Unemployment insurance improper payment reviews.--If 
     a bill or joint resolution is reported making appropriations 
     for fiscal year 2011, 2012, or 2013 that includes 
     $10,000,000, plus an additional amount for in-person 
     reemployment and eligibility assessments and unemployment 
     improper payment reviews for the Department of Labor, the 
     adjustment for purposes paragraph (1) shall be the amount of 
     budget authority in that measure for that initiative but not 
     to exceed--
       ``(i) with respect to fiscal year 2011, $51,000,000 in new 
     budget authority;
       ``(ii) with respect to fiscal year 2012, $51,000,000 in new 
     budget authority; and
       ``(iii) with respect to fiscal year 2013, $52,000,000 in 
     new budget authority.
       ``(F) Low-income home energy assistance program (liheap).--
     If a bill or joint resolution is reported making 
     appropriations for fiscal year 2011, 2012, or 2013 that 
     includes $3,200,000,000 in funding for the Low-Income Home 
     Energy Assistance Program and provides an additional amount 
     up to $1,900,000,000 for that program, the adjustment for 
     purposes of paragraph (1) shall be the amount of budget 
     authority in that measure for that initiative but not to 
     exceed $1,900,000,000.
       ``(d) Emergency Spending.--
       ``(1) Authority to designate.--In the Senate, with respect 
     to a provision of direct spending or receipts legislation or 
     appropriations for discretionary accounts that Congress 
     designates as an emergency requirement in such measure, the 
     amounts of new budget authority, outlays, and receipts in all 
     fiscal years resulting from that provision shall be treated 
     as an emergency requirement for the purpose of this 
     subsection.
       ``(2) Exemption of emergency provisions.--Any new budget 
     authority, outlays, and receipts resulting from any provision 
     designated as an emergency requirement, pursuant to this 
     subsection, in any bill, joint resolution, amendment, or 
     conference report shall not count for purposes of sections 
     302 and 311 of the Congressional Budget Act of 1974, section 
     201 of S. Con. Res. 21 (110th Congress) (relating to pay-as-
     you-go), and section 311 of S. Con. Res. 70 (110th Congress) 
     (relating to long-term deficits).
       ``(3) Designations.--If a provision of legislation is 
     designated as an emergency requirement under this subsection, 
     the committee report and any statement of managers 
     accompanying that legislation shall include an explanation of 
     the manner in which the provision meets the criteria in 
     paragraph (6).
       ``(4) Definitions.--In this subsection, the terms `direct 
     spending', `receipts', and `appropriations for discretionary 
     accounts' mean any provision of a bill, joint resolution, 
     amendment, motion, or conference report that affects direct 
     spending, receipts, or appropriations as those terms have 
     been defined and interpreted for purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       ``(5) Point of order.--
       ``(A) In general.--When the Senate is considering a bill, 
     resolution, amendment, motion, or conference report, if a 
     point of order is made by a Senator against an emergency 
     designation in that measure, that provision making such a 
     designation shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       ``(B) Supermajority waiver and appeals.--
       ``(i) Waiver.--Subparagraph (A) may be waived or suspended 
     in the Senate only by an affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       ``(ii) Appeals.--Appeals in the Senate from the decisions 
     of the Chair relating to any provision of this paragraph 
     shall be limited to 1 hour, to be equally divided between, 
     and controlled by, the appellant and the manager of the bill 
     or joint resolution, as the case may be. An affirmative vote 
     of three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this paragraph.
       ``(C) Definition of an emergency designation.--For purposes 
     of subparagraph (A), a provision shall be considered an 
     emergency designation if it designates any item as an 
     emergency requirement pursuant to this paragraph.
       ``(D) Form of the point of order.--A point of order under 
     subparagraph (A) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       ``(E) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill, upon a point of order being made by any 
     Senator pursuant to this paragraph, and such point of order 
     being sustained, such material contained in such conference 
     report shall be deemed stricken, and the Senate shall proceed 
     to consider the question of whether the Senate shall recede 
     from its amendment and concur with a further amendment, or 
     concur in the House amendment with a further amendment, as 
     the case may be, which further amendment shall consist of 
     only that portion of the conference report or House 
     amendment, as the case may be, not so stricken. Any such 
     motion in the Senate shall be debatable. In any case in which 
     such point of order is sustained against a conference report 
     (or Senate amendment derived from such conference report by 
     operation of this subsection), no further amendment shall be 
     in order.
       ``(6) Criteria.--
       ``(A) In general.--For purposes of this subsection, any 
     provision is an emergency requirement if the situation 
     addressed by such provision is--
       ``(i) necessary, essential, or vital (not merely useful or 
     beneficial);
       ``(ii) sudden, quickly coming into being, and not building 
     up over time;
       ``(iii) an urgent, pressing, and compelling need requiring 
     immediate action;
       ``(iv) subject to clause (ii), unforeseen, unpredictable, 
     and unanticipated; and
       ``(v) not permanent, temporary in nature.
       ``(7) Unforeseen.--An emergency that is part of an 
     aggregate level of anticipated emergencies, particularly when 
     normally estimated in advance, is not unforeseen.
       ``(e) Limitations on Changes to Exemptions.--It shall not 
     be in order in the Senate or the House of Representatives to 
     consider any bill, resolution, amendment, or conference 
     report that would exempt any new budget authority, outlays, 
     and receipts from being counted for purposes of this section.
       ``(f) Point of Order in the Senate.--
       ``(1) Waiver.--The provisions of this section shall be 
     waived or suspended in the Senate only--
       ``(A) by the affirmative vote of two-thirds of the Members, 
     duly chosen and sworn; or
       ``(B) in the case of the defense budget authority, if 
     Congress declares war or authorizes the use of force.
       ``(2) Appeal.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the measure. 
     An affirmative vote of two-thirds of the Members of the 
     Senate, duly chosen and sworn, shall be required to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
       ``(3) Limitations on changes to this subsection.--It shall 
     not be in order in the Senate or the House of Representatives 
     to consider any bill, resolution, amendment, or conference 
     report that would repeal or otherwise change this 
     subsection.''.
       (b) Table of Contents.--The table of contents set forth in 
     section 1(b) of the Congressional Budget and Impoundment 
     Control Act of 1974 is amended by inserting after the item 
     relating to section 315 the following new item:

``Sec. 316. Discretionary spending limits.''.
                                 ______
                                 
  SA 3454. Mr. DeMINT (for himself, Mr. McCain, Mr. Coburn, Mr. 
Grassley, and Mr. Feingold) submitted an amendment intended to be 
proposed by him to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FISCAL YEARS 2010 AND 2011 EARMARK MORATORIUM.

       (a) Bills and Joint Resolutions.--
       (1) Point of order.--It shall not be in order to--
       (A) consider a bill or joint resolution reported by any 
     committee that includes an earmark, limited tax benefit, or 
     limited tariff benefit; or
       (B) a Senate bill or joint resolution not reported by 
     committee that includes an earmark, limited tax benefit, or 
     limited tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the bill or joint resolution 
     shall be returned to the calendar until compliance with this 
     subsection has been achieved.
       (b) Conference Report.--
       (1) Point of order.--It shall not be in order to vote on 
     the adoption of a report of a committee of conference if the 
     report includes an earmark, limited tax benefit, or limited 
     tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the conference report shall 
     be returned to the calendar.

[[Page 3012]]

       (c) Floor Amendment.--It shall not be in order to consider 
     an amendment to a bill or joint resolution if the amendment 
     contains an earmark, limited tax benefit, or limited tariff 
     benefit.
       (d) Amendment Between the Houses.--
       (1) In general.--It shall not be in order to consider an 
     amendment between the Houses if that amendment includes an 
     earmark, limited tax benefit, or limited tariff benefit.
       (2) Return to the calendar.--If a point of order is 
     sustained under this subsection, the amendment between the 
     Houses shall be returned to the calendar until compliance 
     with this subsection has been achieved.
       (e) Waiver.--Any Senator may move to waive any or all 
     points of order under this section by an affirmative vote of 
     two-thirds of the Members, duly chosen and sworn.
       (f) Definitions.--For the purpose of this section--
       (1) the term ``earmark'' means a provision or report 
     language included primarily at the request of a Senator or 
     Member of the House of Representatives providing, 
     authorizing, or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process;
       (2) the term ``limited tax benefit'' means any revenue 
     provision that--
       (A) provides a Federal tax deduction, credit, exclusion, or 
     preference to a particular beneficiary or limited group of 
     beneficiaries under the Internal Revenue Code of 1986; and
       (B) contains eligibility criteria that are not uniform in 
     application with respect to potential beneficiaries of such 
     provision; and
       (3) the term ``limited tariff benefit'' means a provision 
     modifying the Harmonized Tariff Schedule of the United States 
     in a manner that benefits 10 or fewer entities.
       (g) Fiscal Years 2010 and 2011.--The point of order under 
     this section shall only apply to legislation providing or 
     authorizing discretionary budget authority, credit authority 
     or other spending authority, providing a federal tax 
     deduction, credit, or exclusion, or modifying the Harmonized 
     Tariff Schedule in fiscal years 2010 and 2011.
       (h) Application.--This rule shall not apply to any 
     authorization of appropriations to a Federal entity if such 
     authorization is not specifically targeted to a State, 
     locality or congressional district.
                                 ______
                                 
  SA 3455. Mr. CRAPO (for himself and Mr. Risch) submitted an amendment 
intended to be proposed by him to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       On page 298, line 15, insert ``the Salt Lake City TRACON,'' 
     after ``Miami TRACON,''.
                                 ______
                                 
  SA 3456. Mr. LIEBERMAN (for himself, Ms. Collins, Mrs. Feinstein, Mr. 
Byrd, Mr. Ensign, and Mr. Voinovich) submitted an amendment intended to 
be proposed to amendment SA 3452 proposed by Mr. Rockefeller to the 
bill H.R. 1586, to impose an additional tax on bonuses received from 
certain TARP recipients; as follows:

       At the end, add the following:

              TITLE X--DC OPPORTUNITY SCHOLARSHIP PROGRAM

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Scholarships for 
     Opportunity and Results Act of 2010'' or the ``SOAR Act''.

     SEC. 1002. FINDINGS.

       Congress finds the following:
       (1) Parents are best equipped to make decisions for their 
     children, including the educational setting that will best 
     serve the interests and educational needs of their child.
       (2) For many parents in the District of Columbia, public 
     school choice provided under the Elementary and Secondary 
     Education Act of 1965, as amended by the No Child Left Behind 
     Act of 2001, as well as under other public school choice 
     programs, is inadequate. More educational options are needed 
     to ensure all families in the District of Columbia have 
     access to a quality education. In particular, funds are 
     needed to provide low-income parents with enhanced public 
     opportunities and private educational environments, 
     regardless of whether such environments are secular or 
     nonsecular.
       (3) Public school records raise persistent concerns 
     regarding health and safety problems in District of Columbia 
     public schools. For example, more than half of the District 
     of Columbia's teenage public school students attend schools 
     that meet the District of Columbia's definition of 
     ``persistently dangerous'' due to the number of violent 
     crimes.
       (4) While the per student cost for students in the public 
     schools of the District of Columbia is one of the highest in 
     the United States, test scores for such students continue to 
     be among the lowest in the Nation. The National Assessment of 
     Educational Progress (NAEP), an annual report released by the 
     National Center for Education Statistics, reported in its 
     2007 study that students in the District of Columbia were 
     being outperformed by every State in the Nation. On the 2007 
     NAEP, 61 percent of fourth grade students scored ``below 
     basic'' in reading, and 51 percent scored ``below basic'' in 
     mathematics. Among eighth grade students, 52 percent scored 
     ``below basic'' in reading and 56 percent scored ``below 
     basic'' in mathematics. On the 2007 NAEP reading assessment, 
     only 14 percent of the District of Columbia fourth grade 
     students could read proficiently, while only 12 percent of 
     the eighth grade students scored at the proficient or 
     advanced level.
       (5) In 2003, Congress passed the DC School Choice Incentive 
     Act of 2003 (Public Law 108-199; 118 Stat. 126) to provide 
     opportunity scholarships to parents of students in the 
     District of Columbia that could be used by students in 
     kindergarten through grade 12 to attend a private educational 
     institution. The opportunity scholarship program under such 
     Act was part of a comprehensive 3-part funding arrangement 
     that also included additional funds for the District of 
     Columbia public schools, and additional funds for public 
     charter schools of the District of Columbia. The intent of 
     the approach was to ensure that progress would continue to be 
     made to improve public schools and public charter schools, 
     and that funding for the opportunity scholarship program 
     would not lead to a reduction in funding for the District of 
     Columbia public and charter schools. Resources would be 
     available for a variety of educational options that would 
     give families in the District of Columbia a range of choices 
     with regard to the education of their children.
       (6) The opportunity scholarship program was established in 
     accordance with the U.S. Supreme Court decision, Zelman v. 
     Simmons-Harris, 536 U.S. 639 (2002), which found that a 
     program enacted for the valid secular purpose of providing 
     educational assistance to low-income children in a 
     demonstrably failing public school system is constitutional 
     if it is neutral with respect to religion and provides 
     assistance to a broad class of citizens who direct government 
     aid to religious and secular schools solely as a result of 
     their genuine and independent private choices.
       (7) Since the opportunity scholarship program's inception, 
     it has consistently been oversubscribed. Parents express 
     strong support for the opportunity scholarship program. A 
     rigorous analysis of the program by the Institute of 
     Education Sciences (IES) shows statistically significant 
     improvements in parental satisfaction and in reading scores 
     that are even more dramatic when only those students 
     consistently using the scholarships are considered.
       (8) The DC opportunity scholarship program is a program 
     that offers families in need, in the District of Columbia, 
     important alternatives while public schools are improved. It 
     is the sense of Congress that this program should continue as 
     1 of a 3-part comprehensive funding strategy for the District 
     of Columbia school system that provides new and equal funding 
     for public schools, public charter schools, and opportunity 
     scholarships for students to attend private schools.

     SEC. 1003. PURPOSE.

       The purpose of this title is to provide low-income parents 
     residing in the District of Columbia, particularly parents of 
     students who attend elementary schools or secondary schools 
     identified for improvement, corrective action, or 
     restructuring under section 1116 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6316), with 
     expanded opportunities for enrolling their children in other 
     schools in the District of Columbia, at least until the 
     public schools in the District of Columbia have adequately 
     addressed shortfalls in health, safety, and security and the 
     students in the District of Columbia public schools are 
     testing in mathematics and reading at or above the national 
     average.

     SEC. 1004. GENERAL AUTHORITY.

       (a) Authority.--From funds appropriated to carry out this 
     title, the Secretary shall award grants on a competitive 
     basis to eligible entities with approved applications under 
     section 1005 to carry out activities to provide eligible 
     students with expanded school choice opportunities. The 
     Secretary may award a single grant or multiple grants, 
     depending on the quality of applications submitted and the 
     priorities of this title.
       (b) Duration of Grants.--The Secretary shall make grants 
     under this section for a period of not more than 5 years.
       (c) Memorandum of Understanding.--The Secretary and the 
     Mayor of the District of Columbia shall enter into a 
     memorandum of understanding regarding the design of, 
     selection of eligible entities to receive grants under, and 
     implementation of, a program assisted under this title.
       (d) Special Rule.--Notwithstanding any other provision of 
     law, funding appropriated for the opportunity scholarship 
     program under the Omnibus Appropriations Act, 2009 (Public 
     Law 111-8), the District of Columbia Appropriations Act, 2010 
     (Public Law 111-117), or any other Act, may be used to 
     provide opportunity scholarships under section 1007 to new 
     applicants.

     SEC. 1005. APPLICATIONS.

       (a) In General.--In order to receive a grant under this 
     title, an eligible entity

[[Page 3013]]

     shall submit an application to the Secretary at such time, in 
     such manner, and accompanied by such information as the 
     Secretary may require.
       (b) Contents.--The Secretary may not approve the request of 
     an eligible entity for a grant under this title unless the 
     entity's application includes--
       (1) a detailed description of--
       (A) how the entity will address the priorities described in 
     section 1006;
       (B) how the entity will ensure that if more eligible 
     students seek admission in the program than the program can 
     accommodate, eligible students are selected for admission 
     through a random selection process which gives weight to the 
     priorities described in section 1006;
       (C) how the entity will ensure that if more participating 
     eligible students seek admission to a participating school 
     than the school can accommodate, participating eligible 
     students are selected for admission through a random 
     selection process;
       (D) how the entity will notify parents of eligible students 
     of the expanded choice opportunities and how the entity will 
     ensure that parents receive sufficient information about 
     their options to allow the parents to make informed 
     decisions;
       (E) the activities that the entity will carry out to 
     provide parents of eligible students with expanded choice 
     opportunities through the awarding of scholarships under 
     section 1007(a);
       (F) how the entity will determine the amount that will be 
     provided to parents for the tuition, fees, and transportation 
     expenses, if any;
       (G) how the entity will--
       (i) seek out private elementary schools and secondary 
     schools in the District of Columbia to participate in the 
     program; and
       (ii) ensure that participating schools will meet the 
     reporting and other requirements of this title;
       (H) how the entity will ensure that participating schools 
     are financially responsible and will use the funds received 
     under this title effectively;
       (I) how the entity will address the renewal of scholarships 
     to participating eligible students, including continued 
     eligibility; and
       (J) how the entity will ensure that a majority of its 
     voting board members or governing organization are residents 
     of the District of Columbia;
       (2) an assurance that the entity will comply with all 
     requests regarding any evaluation carried out under section 
     1009; and
       (3) an assurance that site inspections of participating 
     schools will be conducted at appropriate intervals.

     SEC. 1006. PRIORITIES.

       In awarding grants under this title, the Secretary shall 
     give priority to applications from eligible entities that 
     will most effectively--
       (1) give priority to eligible students who, in the school 
     year preceding the school year for which the eligible student 
     is seeking a scholarship, attended an elementary school or 
     secondary school identified for improvement, corrective 
     action, or restructuring under section 1116 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6316);
       (2) give priority to students whose household includes a 
     sibling or other child who is already participating in the 
     program of the eligible entity under this title, regardless 
     of whether such students have, in the past, been assigned as 
     members of a control study group for the purposes of an 
     evaluation under section 1009;
       (3) target resources to students and families that lack the 
     financial resources to take advantage of available 
     educational options; and
       (4) provide students and families with the widest range of 
     educational options.

     SEC. 1007. USE OF FUNDS.

       (a) Scholarships.--
       (1) In general.--Subject to paragraphs (2) and (3), an 
     eligible entity receiving a grant under this title shall use 
     the grant funds to provide eligible students with 
     scholarships to pay the tuition, fees, and transportation 
     expenses, if any, to enable the eligible students to attend 
     the District of Columbia private elementary school or 
     secondary school of their choice beginning in school year 
     2010-2011. Each such eligible entity shall ensure that the 
     amount of any tuition or fees charged by a school 
     participating in such eligible entity's program under this 
     title to an eligible student participating in the program 
     does not exceed the amount of tuition or fees that the school 
     charges to students who do not participate in the program.
       (2) Payments to parents.--An eligible entity receiving a 
     grant under this title shall make scholarship payments under 
     the program under this title to the parent of the eligible 
     student participating in the program, in a manner which 
     ensures that such payments will be used for the payment of 
     tuition, fees, and transportation expenses (if any), in 
     accordance with this title.
       (3) Amount of assistance.--
       (A) Varying amounts permitted.--Subject to the other 
     requirements of this section, an eligible entity receiving a 
     grant under this title may award scholarships in larger 
     amounts to those eligible students with the greatest need.
       (B) Annual limit on amount.--
       (i) Limit for school year 2010-2011.--The amount of 
     assistance provided to any eligible student by an eligible 
     entity under a program under this title for school year 2010-
     2011 may not exceed--

       (I) $9,000 for attendance in kindergarten through grade 8; 
     and
       (II) $11,000 for attendance in grades 9 through 12.

       (ii) Cumulative inflation adjustment.--The limits described 
     in clause (i) shall apply for each school year following 
     school year 2010-2011, except that the Secretary shall adjust 
     the maximum amounts of assistance (as described in clause (i) 
     and adjusted under this clause for the preceding year) for 
     inflation, as measured by the percentage increase, if any, 
     from the preceding fiscal year in the Consumer Price Index 
     for All Urban Consumers, published by the Bureau of Labor 
     Statistics of the Department of Labor.
       (4) Participating school requirements.--None of the funds 
     provided under this title for opportunity scholarships may be 
     used by an eligible student to enroll in a participating 
     private school unless the participating school--
       (A) has and maintains a valid certificate of occupancy 
     issued by the District of Columbia;
       (B) makes readily available to all prospective students 
     information on its school accreditation;
       (C) in the case of a school that has been operating for 5 
     years or less, submits to the eligible entity administering 
     the program proof of adequate financial resources reflecting 
     the financial sustainability of the school and the school's 
     ability to be in operation through the school year;
       (D) has financial systems, controls, policies, and 
     procedures to ensure that Federal funds are used according to 
     this title;
       (E) ensures that each teacher of core subject matter in the 
     school has a baccalaureate degree or equivalent degree; and
       (F) is in compliance with the accreditation and other 
     standards prescribed under the District of Colombia 
     compulsory school attendance laws that apply to educational 
     institutions not affiliated with the District of Columbia 
     Public Schools.
       (b) Administrative Expenses.--An eligible entity receiving 
     a grant under this title may use not more than 3 percent of 
     the amount provided under the grant each year for the 
     administrative expenses of carrying out its program under 
     this title during the year, including--
       (1) determining the eligibility of students to participate;
       (2) selecting eligible students to receive scholarships;
       (3) determining the amount of scholarships and issuing the 
     scholarships to eligible students; and
       (4) compiling and maintaining financial and programmatic 
     records.
       (c) Parental Assistance.--An eligible entity receiving a 
     grant under this title may use not more than 2 percent of the 
     amount provided under the grant each year for the expenses of 
     educating parents about the program under this title and 
     assisting parents through the application process under this 
     title during the year, including--
       (1) providing information about the program and the 
     participating schools to parents of eligible students;
       (2) providing funds to assist parents of students in 
     meeting expenses that might otherwise preclude the 
     participation of eligible students in the program; and
       (3) streamlining the application process for parents.
       (d) Student Academic Assistance.--An eligible entity 
     receiving a grant under this title may use not more than 1 
     percent of the amount provided under the grant each year for 
     expenses to provide tutoring services to participating 
     eligible students that need additional academic assistance in 
     the students' new schools. If there are insufficient funds to 
     pay for these costs for all such students, the eligible 
     entity shall give priority to students who previously 
     attended an elementary school or secondary school that was 
     identified for improvement, corrective action, or 
     restructuring under section 1116 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6316) as of the 
     time the student attended the school.

     SEC. 1008. NONDISCRIMINATION.

       (a) In General.--An eligible entity or a school 
     participating in any program under this title shall not 
     discriminate against program participants or applicants on 
     the basis of race, color, national origin, religion, or sex.
       (b) Applicability and Single Sex Schools, Classes, or 
     Activities.--
       (1) In general.--Notwithstanding any other provision of 
     law, the prohibition of sex discrimination in subsection (a) 
     shall not apply to a participating school that is operated 
     by, supervised by, controlled by, or connected to a religious 
     organization to the extent that the application of subsection 
     (a) is inconsistent with the religious tenets or beliefs of 
     the school.
       (2) Single sex schools, classes, or activities.--
     Notwithstanding subsection (a) or any other provision of law, 
     a parent may choose and a school may offer a single sex 
     school, class, or activity.

[[Page 3014]]

       (3) Applicability.--For purposes of this title, the 
     provisions of section 909 of the Education Amendments of 1972 
     (20 U.S.C. 1688) shall apply to this title as if section 909 
     of the Education Amendments of 1972 (20 U.S.C. 1688) were 
     part of this title.
       (c) Children With Disabilities.--Nothing in this title may 
     be construed to alter or modify the provisions of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.).
       (d) Religiously Affiliated Schools.--
       (1) In general.--Notwithstanding any other provision of 
     law, a school participating in any program under this title 
     that is operated by, supervised by, controlled by, or 
     connected to, a religious organization may exercise its right 
     in matters of employment consistent with title VII of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), 
     including the exemptions in such title.
       (2) Maintenance of purpose.--Notwithstanding any other 
     provision of law, funds made available under this title to 
     eligible students, which are used at a participating school 
     as a result of their parents' choice, shall not, consistent 
     with the first amendment of the United States Constitution, 
     necessitate any change in the participating school's teaching 
     mission, require any participating school to remove religious 
     art, icons, scriptures, or other symbols, or preclude any 
     participating school from retaining religious terms in its 
     name, selecting its board members on a religious basis, or 
     including religious references in its mission statements and 
     other chartering or governing documents.
       (e) Rule of Construction.--A scholarship (or any other form 
     of support provided to parents of eligible students) under 
     this title shall be considered assistance to the student and 
     shall not be considered assistance to the school that enrolls 
     the eligible student. The amount of any scholarship (or other 
     form of support provided to parents of an eligible student) 
     under this title shall not be treated as income of the 
     parents for purposes of Federal tax laws or for determining 
     eligibility for any other Federal program.

     SEC. 1009. EVALUATIONS.

       (a) In General.--
       (1) Duties of the secretary and the mayor.--The Secretary 
     and the Mayor of the District of Columbia shall--
       (A) jointly enter into an agreement with the Institute of 
     Education Sciences of the Department of Education to evaluate 
     annually the performance of students who received 
     scholarships under the 5-year program under this title, and
       (B) make the evaluations public in accordance with 
     subsection (c).
       (2) Duties of the secretary.--The Secretary, through a 
     grant, contract, or cooperative agreement, shall--
       (A) ensure that the evaluation is conducted using the 
     strongest possible research design for determining the 
     effectiveness of the program funded under this title that 
     addresses the issues described in paragraph (4); and
       (B) disseminate information on the impact of the program in 
     increasing the academic growth and achievement of 
     participating students, and on the impact of the program on 
     students and schools in the District of Columbia.
       (3) Duties of the institute of education sciences.--The 
     Institute of Education Sciences shall--
       (A) use a grade appropriate measurement each school year to 
     assess participating eligible students;
       (B) measure the academic achievement of all participating 
     eligible students; and
       (C) work with the eligible entities to ensure that the 
     parents of each student who applies for a scholarship under 
     this title (regardless of whether the student receives the 
     scholarship) and the parents of each student participating in 
     the scholarship program under this title, agree that the 
     student will participate in the measurements given annually 
     by the Institute of Educational Sciences for the period for 
     which the student applied for or received the scholarship, 
     respectively, except that nothing in this subparagraph shall 
     affect a student's priority for an opportunity scholarship as 
     provided under section 1006(2).
       (4) Issues to be evaluated.--The issues to be evaluated 
     include the following:
       (A) A comparison of the academic growth and achievement of 
     participating eligible students in the measurements described 
     in this section to the academic growth and achievement of--
       (i) students in the same grades in the District of Columbia 
     public schools; and
       (ii) the eligible students in the same grades in the 
     District of Columbia public schools who sought to participate 
     in the scholarship program but were not selected.
       (B) The success of the program in expanding choice options 
     for parents.
       (C) The reasons parents choose for their children to 
     participate in the program.
       (D) A comparison of the retention rates, dropout rates, and 
     (if appropriate) graduation and college admission rates, of 
     students who participate in the program funded under this 
     title with the retention rates, dropout rates, and (if 
     appropriate) graduation and college admission rates of 
     students of similar backgrounds who do not participate in 
     such program.
       (E) The impact of the program on students, and public 
     elementary schools and secondary schools, in the District of 
     Columbia.
       (F) A comparison of the safety of the schools attended by 
     students who participate in the program funded under this 
     title and the schools attended by students who do not 
     participate in the program, based on the perceptions of the 
     students and parents and on objective measures of safety.
       (G) Such other issues as the Secretary considers 
     appropriate for inclusion in the evaluation.
       (H) An analysis of the issues described in subparagraphs 
     (A) through (G) with respect to the subgroup of eligible 
     students participating in the program funded under this title 
     who consistently use the opportunity scholarships to attend a 
     participating school.
       (I) An assessment of the academic value added by 
     participating schools on a school-by-school basis based on 
     test results from participating eligible students using the 
     same test as is administered to students attending District 
     of Columbia public schools, except that if the evaluator is 
     able certify that other means are available to compare 
     results from the test administrated in District of Columbia 
     public schools to the nationally normed test used at the 
     participating school, such nationally normed test may be 
     used. Such assessment shall be based on the strongest 
     possible research design and shall, to the extent possible, 
     test students under conditions that yield scientifically 
     valid results. Such assessment shall also provide, to the 
     extent possible, a scientifically valid analysis of how such 
     schools provide academic value added as compared to public 
     schools in the District of Columbia. The results of the 
     assessment shall be supplied to parents and included in all 
     reports to Congress so as to ensure that Federal dollars used 
     for the purposes of the program are positively impacting the 
     achievement levels of student participants.
       (5) Prohibition.--Personally identifiable information 
     regarding the results of the measurements used for the 
     evaluations may not be disclosed, except to the parents of 
     the student to whom the information relates.
       (b) Reports.--The Secretary shall submit to the Committees 
     on Appropriations, Education and Labor, and Oversight and 
     Government Reform of the House of Representatives and the 
     Committees on Appropriations, Health, Education, Labor, and 
     Pensions, and Homeland Security and Governmental Affairs of 
     the Senate--
       (1) annual interim reports, not later than December 1 of 
     each year for which a grant is made under this title, on the 
     progress and preliminary results of the evaluation of the 
     program funded under this title; and
       (2) a final report, not later than 1 year after the final 
     year for which a grant is made under this title, on the 
     results of the evaluation of the program funded under this 
     title.
       (c) Public Availability.--All reports and underlying data 
     gathered pursuant to this section shall be made available to 
     the public upon request, in a timely manner following 
     submission of the applicable report under subsection (b), 
     except that personally identifiable information shall not be 
     disclosed or made available to the public.
       (d) Limit on Amount Expended.--The amount expended by the 
     Secretary to carry out this section for any fiscal year may 
     not exceed 5 percent of the total amount appropriated to 
     carry out this title for the fiscal year.

     SEC. 1010. REPORTING REQUIREMENTS.

       (a) Activities Reports.--Each eligible entity receiving 
     funds under this title during a year shall submit a report to 
     the Secretary not later than July 30 of the following year 
     regarding the activities carried out with the funds during 
     the preceding year.
       (b) Achievement Reports.--
       (1) In general.--In addition to the reports required under 
     subsection (a), each grantee receiving funds under this title 
     shall, not later than September 1 of the year during which 
     the second academic year of the grantee's program is 
     completed and each of the next 2 years thereafter, submit to 
     the Secretary a report, including any pertinent data 
     collected in the preceding 2 academic years, concerning--
       (A) the academic growth and achievement of students 
     participating in the program;
       (B) the graduation and college admission rates of students 
     who participate in the program, where appropriate; and
       (C) parental satisfaction with the program.
       (2) Prohibiting disclosure of personal information.--No 
     report under this subsection may contain any personally 
     identifiable information.
       (c) Reports to Parent.--
       (1) In general.--Each grantee receiving funds under this 
     title shall ensure that each school participating in the 
     grantee's program under this title during a year reports at 
     least once during the year to the parents of each of the 
     school's students who are participating in the program on--
       (A) the student's academic achievement, as measured by a 
     comparison with the aggregate academic achievement of other 
     participating students at the student's school in the same 
     grade or level, as appropriate, and the aggregate academic 
     achievement of the student's peers at the student's school in 
     the same grade or level, as appropriate; and

[[Page 3015]]

       (B) the safety of the school, including the incidence of 
     school violence, student suspensions, and student expulsions.
       (2) Prohibiting disclosure of personal information.--No 
     report under this subsection may contain any personally 
     identifiable information, except as to the student who is the 
     subject of the report to that student's parent.
       (d) Report to Congress.--The Secretary shall submit to the 
     Committees on Appropriations, Education and the Workforce, 
     and Oversight and Government Reform of the House of 
     Representatives and the Committees on Appropriations, Health, 
     Education, Labor, and Pensions, and Homeland Security and 
     Governmental Affairs of the Senate an annual report on the 
     findings of the reports submitted under subsections (a) and 
     (b).

     SEC. 1011. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

       (a) Testing.--Students participating in a program under 
     this title shall take a nationally norm-referenced 
     standardized test in reading and mathematics. Results of such 
     test shall be reported to the student's parent and the 
     Institute of Education Sciences. To preserve confidentiality, 
     at no time should results for individual students or schools 
     be released to the public.
       (b) Requests for Data and Information.--Each school 
     participating in a program funded under this title shall 
     comply with all requests for data and information regarding 
     evaluations conducted under section 1009(a).
       (c) Rules of Conduct and Other School Policies.--A 
     participating school, including a participating school 
     described in section 1008(d), may require eligible students 
     to abide by any rules of conduct and other requirements 
     applicable to all other students at the school.

     SEC. 1012. DEFINITIONS.

       In this title:
       (1) Elementary school.--The term ``elementary school'' 
     means an institutional day or residential school, including a 
     public elementary charter school, that provides elementary 
     education, as determined under District of Columbia law.
       (2) Eligible entity.--The term ``eligible entity'' means 
     any of the following:
       (A) A nonprofit organization.
       (B) A consortium of nonprofit organizations.
       (3) Eligible student.--The term ``eligible student'' means 
     a student who is a resident of the District of Columbia and 
     comes from a household--
       (A) receiving assistance under the supplemental nutrition 
     assistance program established under the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.); or
       (B) whose income does not exceed--
       (i) 185 percent of the poverty line;
       (ii) in the case of a student in a household that had a 
     student participating in a program under this title for the 
     preceding school year, 250 percent of the poverty line; or
       (iii) in the case of a student in a household that had a 
     student participating in a program under the DC School Choice 
     Incentive Act of 2003 (Public Law 108-199; 118 Stat. 126) on 
     or before the date of enactment of this title, 300 percent of 
     the poverty line.
       (4) Parent.--The term ``parent'' has the meaning given that 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (5) Poverty line.--The term ``poverty line'' has the 
     meaning given that term in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (6) Secondary school.--The term ``secondary school'' means 
     an institutional day or residential school, including a 
     public secondary charter school, that provides secondary 
     education, as determined under District of Columbia law, 
     except that the term does not include any education beyond 
     grade 12.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.

     SEC. 1013. TRANSITION PROVISIONS.

       (a) Repeal; Sunset of Other Provisions.--
       (1) Repeal.--The DC School Choice Incentive Act of 2003 
     (title III of division C of the Consolidated Appropriations 
     Act, 2004 (Public Law 108-199; 118 Stat. 126)) is repealed.
       (2) Sunset of other provisions.--Notwithstanding any other 
     provision of law, all of the provisos under the heading 
     ``federal payment for school improvement'' under the District 
     of Columbia Appropriations Act, 2010 (Public Law 111-117), 
     shall cease to have effect on and after the date of enactment 
     of this Act.
       (b) Reauthorization of Program.--This title shall be deemed 
     to be the reauthorization of the opportunity scholarship 
     program under the DC School Choice Incentive Act of 2003.
       (c) Orderly Transition.--Subject to subsections (d) and 
     (e), the Secretary shall take such steps as the Secretary 
     determines to be appropriate to provide for the orderly 
     transition to the authority of this title from any authority 
     under the provisions of the DC School Choice Incentive Act of 
     2003 (Public Law 108-199; 118 Stat. 126), as the DC School 
     Choice Incentive Act of 2003 was in effect on the day before 
     the date of enactment of this title.
       (d) Rule of Construction.--Nothing in this title or a 
     repeal made by this title shall be construed to alter or 
     affect the memorandum of understanding entered into with the 
     District of Columbia, or any grant or contract awarded, under 
     the DC School Choice Incentive Act of 2003 (Public Law 108-
     199; 118 Stat. 126), as the DC School Choice Incentive Act of 
     2003 was in effect on the day before the date of enactment of 
     this title.
       (e) Multi-Year Awards.--The recipient of a multi-year grant 
     or contract award under the DC School Choice Incentive Act of 
     2003 (Public Law 108-199; 118 Stat. 126), as the DC School 
     Choice Incentive Act of 2003 was in effect on the day before 
     the date of enactment of this title, shall continue to 
     receive funds in accordance with the terms and conditions of 
     such award.

     SEC. 1014. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated--
       (1) to carry out this title, $20,000,000 for fiscal year 
     2010 and such sums as may be necessary for each of the 4 
     succeeding fiscal years;
       (2) for the District of Columbia public schools, in 
     addition to any other amounts available for District of 
     Columbia public schools, $20,000,000 for fiscal year 2010 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years; and
       (3) for District of Columbia public charter schools, in 
     addition to any other amounts available for District of 
     Columbia public charter schools, $20,000,000 for fiscal year 
     2010 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.
                                 ______
                                 
  SA 3457. Mr. CRAPO (for himself and Mr. Risch) submitted an amendment 
intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:

       On page 61, between lines 5 and 6, insert the following:
       (4) The Administrator may not consolidate any additional 
     approach control facilities into the Salt Lake City TRACON 
     until the Board's recommendations are completed.
                                 ______
                                 
  SA 3458. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       At the end of title VII, add the following:

     SEC. 7__. COASTAL IMPACT ASSISTANCE PROGRAM AMENDMENTS.

       Section 31 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1356a) is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(5) Application requirements; availability of funding.--
     On approval of a plan by the Secretary under this section, 
     the producing State shall--
       ``(A) not be subject to any additional application or other 
     requirements (other than notifying the Secretary of which 
     projects are being carried out under the plan) to receive the 
     payments; and
       ``(B) be immediately eligible to receive payments under 
     this section.''; and
       (2) by adding at the end the following:
       ``(e) Funding.--
       ``(1) Environmental requirements.--A project funded under 
     this section that does not involve wetlands shall not be 
     subject to environmental review requirements under Federal 
     law.
       ``(2) Cost-sharing requirements.--Any amounts made 
     available to producing States under this section may be used 
     to meet the cost-sharing requirements of other Federal grant 
     programs, including grant programs that support coastal 
     wetland protection and restoration.''.
                                 ______
                                 
  SA 3459. Mr. DORGAN (for Mr. Kerry) proposed an amendment to the 
resolution S. Res. 158, to commend the American Sail Training 
Association for advancing international goodwill and character building 
under sail; as follows:

       Strike paragraph (3) of the resolving clause and insert the 
     following:
       (3) encourages all people of the United States and the 
     world to join in celebration of the ``Tall Ships Challenge'' 
     races and in the character-building and educational 
     experience that the races represent for the youth of all 
     nations.
                                 ______
                                 
  SA 3460. Mr. DORGAN (for Mr. Kerry) proposed an amendment to the 
resolution S. Res. 158, to commend the American Sail Training 
Association for advancing international goodwill and character building 
under sail; as follows:

       Strike the 12th whereas clause of the preamble and insert 
     the following:
       Whereas ATSA collaborates with port partners around North 
     America to produce the ``Tall Ships Challenge'' races and 
     maritime events, drawing sail training vessels from around 
     the world: Now, therefore, be it

[[Page 3016]]


                                 ______
                                 
  SA 3461. Mr. DORGAN (for Mr. Feingold) proposed an amendment to the 
bill S. 1067, to support stabilization and lasting peace in northern 
Uganda and areas affected by the Lord's Resistance Army through 
development of a regional strategy to support multilateral efforts to 
successfully protect civilians and eliminate the threat posed by the 
Lord's Resistance Army and to authorize funds for humanitarian relief 
and reconstruction, reconciliation, and transitional justice, and for 
other purposes; as follows:

       On page 21, line 4, strike ``(a) Authority.--''.
       On page 21, strike lines 12 through 14.
       On page 26, strike lines 1 through 3.
       On page 27, strike line 10 and insert the following:

     SEC. 9. SENSE OF CONGRESS ON FUNDING.

       It is the sense of Congress that--
       (1) of the total amounts to be appropriated for fiscal year 
     2011 for the Department of State and foreign operations, up 
     to $10,000,000 should be used to carry out activities under 
     section 5; and
       (2) of the total amounts to be appropriated for fiscal year 
     2011 through 2013 for the Department of State and foreign 
     operations, up to $10,000,000 in each such fiscal year should 
     be used to carry out activities under section 7.

     SEC. 10. DEFINITIONS.

                                 ______
                                 
  SA 3462. Mr. BENNETT (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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.
                                 ______
                                 
  SA 3463. Mr. BENNETT (for himself, Mr. Hatch, and Mr. Crapo) 
submitted an amendment intended to be proposed to amendment SA 3452 
proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       On page 360, between lines 10 and 11, insert the following:

     SEC. 419. PRESERVATION AND EXPANSION OF ACCESS FOR SMALL 
                   COMMUNITIES.

       Section 41718 is amended by adding at the end the 
     following:
       ``(g) Additional Beyond-Perimeter Exemptions.--
       ``(1) In general.--Notwithstanding section 49109, an air 
     carrier that holds or operates 2 or more slots at Ronald 
     Reagan Washington National Airport (referred to in this 
     subsection as `DCA') as of the date of the enactment of this 
     subsection, and is utilizing such slots for scheduled service 
     between DCA and a large hub airport, may, subject to approval 
     by the Secretary, use up to 2 such slots for service to a 
     large hub airport that is more than 1,250 statute miles away 
     from DCA (referred to in this subsection as `beyond the 
     perimeter').
       ``(2) Criteria for review.--In reviewing slot exchange 
     requests under this subsection, the Secretary--
       ``(A) shall ensure that each slot exchange provides through 
     service benefits to small communities that are beyond the 
     perimeter in determining whether or not to grant such a 
     request; and
       ``(B) may not grant such a request if the Secretary 
     determines that such an exchange would result in the 
     reduction of nonstop service to or from a small or medium hub 
     airport that is not beyond the perimeter.
       ``(3) Annual audit.--The Secretary shall conduct an annual 
     audit of the use of slots exchanged under paragraph (1) to 
     determine if small communities that are beyond the perimeter 
     are benefiting from such exchanges.''.
                                 ______
                                 
  SA 3464. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       After title VII, insert the following:

      TITLE VIII--LIABILITY PROTECTION TO CERTAIN VOLUNTEER PILOT 
                             ORGANIZATIONS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Volunteer Pilot 
     Organization Protection Act of 2010''.

     SEC. 802. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Many volunteer pilot nonprofit organizations fly for 
     public benefit and provide valuable services to communities 
     and individuals.
       (2) In calendar year 2006, volunteer pilot nonprofit 
     organizations provided long-distance, no-cost transportation 
     for more than 58,000 people during times of special need.
       (3) Such nonprofit organizations are no longer able to 
     purchase non-owned aircraft liability insurance to provide 
     liability protection at a reasonable price, and therefore 
     face a highly detrimental liability risk.
       (4) Such nonprofit organizations have supported the 
     homeland security of the United States by providing volunteer 
     pilot services during times of national emergency.
       (b) Purpose.--The purpose of this title is to promote the 
     activities of volunteer pilot nonprofit organizations that 
     fly for public benefit and to sustain the availability of the 
     services that such nonprofit organizations provide, including 
     the following:
       (1) Transportation at no cost to financially needy medical 
     patients for medical treatment, evaluation, and diagnosis.
       (2) Flights for humanitarian and charitable purposes.
       (3) Other flights of compassion.

     SEC. 803. LIABILITY PROTECTION FOR VOLUNTEER PILOT NONPROFIT 
                   ORGANIZATIONS THAT FLY FOR PUBLIC BENEFIT AND 
                   TO PILOTS AND STAFF OF SUCH NONPROFIT 
                   ORGANIZATIONS.

       Section 4 of the Volunteer Protection Act of 1997 (42 
     U.S.C. 14503) is amended--
       (1) in subsection (a)(4)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (B) by striking ``the harm'' and inserting ``(A) except in 
     the case of subparagraph (B), the harm'';
       (C) in subparagraph (A)(ii), as redesignated by this 
     paragraph, by striking the period at the end and inserting 
     ``; and''; and
       (D) by adding at the end the following:
       ``(B) the volunteer--
       ``(i) was operating an aircraft in furtherance of the 
     purpose of a volunteer pilot nonprofit organization that 
     flies for public benefit; and
       ``(ii) was properly licensed and insured for the operation 
     of such aircraft.''; and
       (2) in subsection (c)--
       (A) by striking ``Nothing in this section'' and inserting 
     the following:
       ``(1) In general.--Except as provided in paragraph (2), 
     nothing in this section''; and
       (B) by adding at the end the following:
       ``(2) Exception.--A volunteer pilot nonprofit organization 
     that flies for public benefit, the staff, mission 
     coordinators, officers, and directors (whether volunteer or 
     otherwise) of such nonprofit organization, and a referring 
     agency of such nonprofit organization shall not be liable for 
     harm caused to any person by a volunteer of such nonprofit 
     organization while such volunteer--
       ``(A) is operating an aircraft in furtherance of the 
     purpose of such nonprofit organization;
       ``(B) is properly licensed for the operation of such 
     aircraft; and
       ``(C) has certified to such nonprofit organization that 
     such volunteer has insurance covering the volunteer's 
     operation of such aircraft.''.
                                 ______
                                 
  SA 3465. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; which was ordered to lie on the 
table; as follows:

       After title VII, insert the following:

            TITLE VIII--ACCESS TO GENERAL AVIATION AIRPORTS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Community Airport Access 
     and Protection Act of 2010''.

     SEC. 802. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO 
                   GENERAL AVIATION AIRPORTS.

       (a) In General.--Section 47107 is amended by adding at the 
     end the following:
       ``(t) Agreements Granting Through-the-Fence Access to 
     General Aviation Airports.--
       ``(1) In general.--Subject to paragraph (2), a sponsor of a 
     general aviation airport shall not be considered to be in 
     violation of this subtitle, or to be in violation of a grant 
     assurance made under this section or under any other 
     provision of law as a condition for the receipt of Federal 
     financial assistance for airport development, solely because 
     the sponsor enters into an agreement that grants to a person 
     that owns real property adjacent

[[Page 3017]]

     to the airport, including any residential, nonresidential, or 
     commercial property, access for aircraft located on that 
     property to the airfield of the airport.
       ``(2) Through the fence agreements.--
       ``(A) In general.--An agreement described in paragraph (1) 
     between an airport sponsor and a property owner shall be a 
     written agreement that prescribes the rights, 
     responsibilities, charges, duration, and other terms 
     determined necessary to establish and manage the airport 
     sponsor's relationship with the property owner.
       ``(B) Terms and conditions.--An agreement described in 
     paragraph (1) between an airport sponsor and a property owner 
     shall require the property owner, at minimum--
       ``(i) to pay airport access charges that are not less than 
     those charged to tenants and operators on-airport making 
     similar use of the airport;
       ``(ii) to bear the cost of building and maintaining the 
     infrastructure necessary to provide aircraft located on the 
     property adjacent to the airport access to the airfield of 
     the airport; and
       ``(iii) to operate and maintain the property, and conduct 
     any construction activities on the property, at no cost to 
     the airport and in a manner that--

       ``(I) is consistent with subsections (a)(7) and (a)(9);
       ``(II) does not alter the airport, including the facilities 
     of the airport;
       ``(III) does not adversely affect the safety, utility, or 
     efficiency of the airport;
       ``(IV) is compatible with the normal operations of the 
     airport; and
       ``(V) is consistent with the airport's role in the National 
     Plan of Integrated Airport Systems.

       ``(3) General aviation airport defined.--In this 
     subsection, the term `general aviation airport' means a 
     public airport that is located in a State and that, as 
     determined by the Secretary of Transportation--
       ``(A) does not have scheduled service; or
       ``(B) has scheduled service with less than 2,500 passenger 
     boardings each year.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to an agreement between an airport sponsor and a 
     property owner entered into before, on, or after the date of 
     enactment of this Act.

                          ____________________