[Congressional Record (Bound Edition), Volume 156 (2010), Part 4]
[House]
[Pages 5036-5120]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1515
          TAX ON BONUSES RECEIVED FROM CERTAIN TARP RECIPIENTS

  Mr. OBERSTAR. Mr. Speaker, pursuant to House Resolution 1212, I call 
up the bill (H.R. 1586) to impose an additional tax on bonuses received 
from certain TARP recipients, with the Senate amendments thereto, and 
ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will designate the Senate 
amendments.
  The text of the Senate amendments is as follows:

       Senate amendments:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``FAA Air 
     Transportation Modernization and Safety Improvement Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

                        TITLE I--AUTHORIZATIONS

Sec. 101. Operations.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. Research and development.
Sec. 104. Airport planning and development and noise compatibility 
              planning and programs.
Sec. 105. Other aviation programs.
Sec. 106. Delineation of Next Generation Air Transportation System 
              projects.
Sec. 107. Funding for administrative expenses for airport programs.

                     TITLE II--AIRPORT IMPROVEMENTS

Sec. 201. Reform of passenger facility charge authority.
Sec. 202. Passenger facility charge pilot program.
Sec. 203. Amendments to grant assurances.
Sec. 204. Government share of project costs.
Sec. 205. Amendments to allowable costs.
Sec. 206. Sale of private airport to public sponsor.
Sec. 207. Government share of certain air project costs.
Sec. 207(b). Prohibition on use of passenger facility charges to 
              construct bicycle storage facilities.
Sec. 208. Miscellaneous amendments.
Sec. 209. State block grant program.
Sec. 210. Airport funding of special studies or reviews.
Sec. 211. Grant eligibility for assessment of flight procedures.
Sec. 212. Safety-critical airports.
Sec. 213. Environmental mitigation demonstration pilot program.
Sec. 214. Allowable project costs for airport development program.
Sec. 215. Glycol recovery vehicles.
Sec. 216. Research improvement for aircraft.
Sec. 217. United States Territory minimum guarantee.
Sec. 218. Merrill Field Airport, Anchorage, Alaska.
Sec. 219. Release from restrictions.
Sec. 220. Designation of former military airports.
Sec. 221. Airport sustainability planning working group.
Sec. 222. Inclusion of measures to improve the efficiency of airport 
              buildings in airport improvement projects.
Sec. 223. Study on apportioning amounts for airport improvement in 
              proportion to amounts of air traffic.

      TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM

Sec. 301. Air Traffic Control Modernization Oversight Board.
Sec. 302. NextGen management.
Sec. 303. Facilitation of next generation air traffic services.
Sec. 304. Clarification of authority to enter into reimbursable 
              agreements.
Sec. 305. Clarification to acquisition reform authority.
Sec. 306. Assistance to other aviation authorities.
Sec. 307. Presidential rank award program.
Sec. 308. Next generation facilities needs assessment.
Sec. 309. Next generation air transportation system implementation 
              office.
Sec. 310. Definition of air navigation facility.
Sec. 311. Improved management of property inventory.
Sec. 312. Educational requirements.
Sec. 313. FAA personnel management system.
Sec. 314. Acceleration of NextGen technologies.
Sec. 315. ADS-B development and implementation.
Sec. 316. Equipage incentives.
Sec. 317. Performance metrics.
Sec. 318. Certification standards and resources.
Sec. 319. Report on funding for NextGen technology.
Sec. 320. Unmanned aerial systems.
Sec. 321. Surface Systems Program Office.
Sec. 322. Stakeholder coordination.
Sec. 323. FAA task force on air traffic control facility conditions.
Sec. 324. State ADS-B equipage bank pilot program.
Sec. 325. Implementation of Inspector General ATC recommendations.
Sec. 326. Semiannual report on status of Greener Skies project.
Sec. 327. Definitions.
Sec. 328. Financial incentives for Nextgen Equipage.

 TITLE IV--AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE IMPROVEMENTS

                    SUBTITLE A--CONSUMER PROTECTION

Sec. 401. Airline customer service commitment.
Sec. 402. Publication of customer service data and flight delay 
              history.
Sec. 403. Expansion of DOT airline consumer complaint investigations.
Sec. 404. Establishment of advisory committee for aviation consumer 
              protection.
Sec. 405. Disclosure of passenger fees.
Sec. 406. Disclosure of air carriers operating flights for tickets sold 
              for air transportation.
Sec. 407. Notification requirements with respect to the sale of airline 
              tickets.

          SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

Sec. 411. EAS connectivity program.
Sec. 412. Extension of final order establishing mileage adjustment 
              eligibility.
Sec. 413. EAS contract guidelines.
Sec. 414. Conversion of former EAS airports.
Sec. 415. EAS reform.
Sec. 416. Small community air service.
Sec. 417. EAS marketing.
Sec. 418. Rural aviation improvement.
Sec. 419. Repeal of essential air service local participation program.

                       SUBTITLE C--MISCELLANEOUS

Sec. 431. Clarification of air carrier fee disputes.
Sec. 432. Contract tower program.
Sec. 433. Airfares for members of the Armed Forces.
Sec. 434. Authorization of use of certain lands in the Las Vegas 
              McCarran International Airport Environs Overlay District 
              for transient lodging and associated facilities.

                            TITLE V--SAFETY

                      SUBTITLE A--AVIATION SAFETY

Sec. 501. Runway safety equipment plan.
Sec. 502. Judicial review of denial of airman certificates.
Sec. 503. Release of data relating to abandoned type certificates and 
              supplemental type certificates.
Sec. 504. Design organization certificates.
Sec. 505. FAA access to criminal history records or database systems.
Sec. 506. Pilot fatigue.
Sec. 507. Increasing safety for helicopter and fixed wing emergency 
              medical service operators and patients.
Sec. 508. Cabin crew communication.
Sec. 509. Clarification of memorandum of understanding with OSHA.
Sec. 510. Acceleration of development and implementation of required 
              navigation performance approach procedures.
Sec. 511. Improved safety information.
Sec. 512. Voluntary disclosure reporting process improvements.
Sec. 513. Procedural improvements for inspections.
Sec. 514. Independent review of safety issues.
Sec. 515. National review team.
Sec. 516. FAA Academy improvements.
Sec. 517. Reduction of runway incursions and operational errors.
Sec. 518. Aviation safety whistleblower investigation office.
Sec. 519. Modification of customer service initiative.
Sec. 520. Headquarters review of air transportation oversight system 
              database.
Sec. 521. Inspection of foreign repair stations.
Sec. 522. Non-certificated maintenance providers.

                       SUBTITLE B--FLIGHT SAFETY

Sec. 551. FAA pilot records database.
Sec. 552. Air carrier safety management systems.
Sec. 553. Secretary of Transportation responses to safety 
              recommendations.
Sec. 554. Improved Flight Operational Quality Assurance, Aviation 
              Safety Action, and Line Operational Safety Audit 
              programs.
Sec. 555. Re-evaluation of flight crew training, testing, and 
              certification requirements.

[[Page 5037]]

Sec. 556. Flightcrew member mentoring, professional development, and 
              leadership.
Sec. 557. Flightcrew member screening and qualifications.
Sec. 558. Prohibition on personal use of certain devices on flight 
              deck.
Sec. 559. Safety inspections of regional air carriers.
Sec. 560. Establishment of safety standards with respect to the 
              training, hiring, and operation of aircraft by pilots.
Sec. 561. Oversight of pilot training schools.
Sec. 562. Enhanced training for flight attendants and gate agents.
Sec. 563. Definitions.
Sec. 564. Study of air quality in aircraft cabins.

                      TITLE VI--AVIATION RESEARCH

Sec. 601. Airport cooperative research program.
Sec. 602. Reduction of noise, emissions, and energy consumption from 
              civilian aircraft.
Sec. 603. Production of alternative fuel technology for civilian 
              aircraft.
Sec. 604. Production of clean coal fuel technology for civilian 
              aircraft.
Sec. 605. Advisory committee on future of aeronautics.
Sec. 606. Research program to improve airfield pavements.
Sec. 607. Wake turbulence, volcanic ash, and weather research.
Sec. 608. Incorporation of unmanned aircraft systems into FAA plans and 
              policies.
Sec. 609. Reauthorization of center of excellence in applied research 
              and training in the use of advanced materials in 
              transport aircraft.
Sec. 610. Pilot program for zero emission airport vehicles.
Sec. 611. Reduction of emissions from airport power sources.
Sec. 612. Siting of windfarms near FAA navigational aides and other 
              assets.
Sec. 613. Research and development for equipment to clean and monitor 
              the engine and APU bleed air supplied on pressurized 
              aircraft.

                        TITLE VII--MISCELLANEOUS

Sec. 701. General authority.
Sec. 702. Human intervention management study.
Sec. 703. Airport program modifications.
Sec. 704. Miscellaneous program extensions.
Sec. 705. Extension of competitive access reports.
Sec. 706. Update on overflights.
Sec. 707. Technical corrections.
Sec. 708. FAA technical training and staffing.
Sec. 709. Commercial air tour operators in national parks.
Sec. 710. Phaseout of Stage 1 and 2 aircraft.
Sec. 711. Weight restrictions at Teterboro Airport.
Sec. 712. Pilot program for redevelopment of airport properties.
Sec. 713. Transporting musical instruments.
Sec. 714. Recycling plans for airports.
Sec. 715. Disadvantaged Business Enterprise Program adjustments.
Sec. 716. Front line manager staffing.
Sec. 717. Study of helicopter and fixed wing air ambulance services.
Sec. 718. Repeal of certain limitations on Metropolitan Washington 
              Airports Authority.
Sec. 719. Study of aeronautical mobile telemetry.
Sec. 720. Flightcrew member pairing and crew resource management 
              techniques.
Sec. 721. Consolidation or elimination of obsolete, redundant, or 
              otherwise unnecessary reports; use of electronic media 
              format.
Sec. 722. Line check evaluations.
Sec. 723. Report on Newark Liberty Airport air traffic control tower.
Sec. 724. Priority review of construction projects in cold weather 
              States.
Sec. 725. Air-rail codeshare study.
Sec. 726. On-going monitoring of and report on the New York/New Jersey/
              Philadelphia Metropolitan Area Airspace Redesign.
Sec. 727. Study on aviation fuel prices.
Sec. 728. Land conveyance for Southern Nevada Supplemental Airport.
Sec. 729. Clarification of requirements for volunteer pilots operating 
              charitable medical flights.
Sec. 730. Cylinders of compressed oxygen, nitrous oxide, or other 
              oxidizing gases.
Sec. 731. Technical correction.
Sec. 732. Plan for flying scientific instruments on commercial flights.

 TITLE VIII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

Sec. 800. Amendment of 1986 Code.
Sec. 801. Extension of taxes funding Airport and Airway Trust Fund.
Sec. 802. Extension of Airport and Airway Trust Fund expenditure 
              authority.
Sec. 803. Modification of excise tax on kerosene used in aviation.
Sec. 804. Air traffic control system modernization account.
Sec. 805. Treatment of fractional aircraft ownership programs.
Sec. 806. Termination of exemption for small aircraft on nonestablished 
              lines.
Sec. 807. Transparency in passenger tax disclosures.

                      TITLE IX--BUDGETARY EFFECTS

Sec. 901. Budgetary effects.

   TITLE X--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL 
                         REPORTING REQUIREMENT

Sec. 1001. Definition.
Sec. 1002. Rescission.
Sec. 1003. Agency wide identification and reports.

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

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

     SEC. 3. EFFECTIVE DATE.

       Except as otherwise expressly provided, this Act and the 
     amendments made by this Act shall take effect on the date of 
     enactment of this Act.

                        TITLE I--AUTHORIZATIONS

     SEC. 101. OPERATIONS.

       Section 106(k)(1) is amended by striking subparagraphs (A) 
     through (E) and inserting the following:
       ``(A) $9,336,000,000 for fiscal year 2010; and
       ``(B) $9,620,000,000 for fiscal year 2011.''.

     SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       Section 48101(a) is amended by striking paragraphs (1) 
     through (5) and inserting the following:
       ``(1) $3,500,000,000 for fiscal year 2010, of which 
     $500,000,000 is derived from the Air Traffic Control System 
     Modernization Account of the Airport and Airways Trust Fund; 
     and
       ``(2) $3,600,000,000 for fiscal year 2011, of which 
     $500,000,000 is derived from the Air Traffic Control System 
     Modernization Account of the Airport and Airways Trust 
     Fund.''.

     SEC. 103. RESEARCH AND DEVELOPMENT.

       Section 48102 is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--Not more than the following amounts may 
     be appropriated to the Secretary of Transportation out of the 
     Airport and Airway Trust Fund established under section 9502 
     of the Internal Revenue Code of 1986 (26 U.S.C. 9502) for 
     conducting civil aviation research and development under 
     sections 44504, 44505, 44507, 44509, and 44511 through 44513 
     of this title:
       ``(1) $200,000,000 for fiscal year 2010.
       ``(2) $206,000,000 for fiscal year 2011.'';
       (2) by striking subsections (c) through (h); and
       (3) by adding at the end the following:
       ``(c) Research Grants Program Involving Undergraduate 
     Students.--The Administrator of the Federal Aviation 
     Administration shall establish a program to utilize 
     undergraduate and technical colleges, including Historically 
     Black Colleges and Universities, Hispanic Serving 
     Institutions, tribally controlled colleges and universities, 
     and Alaska Native and Native Hawaiian serving institutions in 
     research on subjects of relevance to the Federal Aviation 
     Administration. Grants may be awarded under this subsection 
     for--
       ``(1) research projects to be carried out at primarily 
     undergraduate institutions and technical colleges;
       ``(2) research projects that combine research at primarily 
     undergraduate institutions and technical colleges with other 
     research supported by the Federal Aviation Administration;
       ``(3) research on future training requirements on projected 
     changes in regulatory requirements for aircraft maintenance 
     and power plant licensees; or
       ``(4) research on the impact of new technologies and 
     procedures, particularly those related to aircraft flight 
     deck and air traffic management functions, and on training 
     requirements for pilots and air traffic controllers.''.

     SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND NOISE 
                   COMPATIBILITY PLANNING AND PROGRAMS.

       Section 48103 is amended by striking paragraphs (1) through 
     (6) and inserting the following:
       ``(1) $4,000,000,000 for fiscal year 2010; and
       ``(2) $4,100,000,000 for fiscal year 2011.''.

     SEC. 105. OTHER AVIATION PROGRAMS.

       Section 48114 is amended--
       (1) by striking ``2007'' in subsection (a)(1)(A) and 
     inserting ``2011'';
       (2) by striking ``2007,'' in subsection (a)(2) and 
     inserting ``2011,''; and
       (3) by striking ``2007'' in subsection (c)(2) and inserting 
     ``2011''.

     SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION 
                   SYSTEM PROJECTS.

       Section 44501(b) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (3);
       (2) by striking ``defense.'' in paragraph (4) and inserting 
     ``defense; and''; and
       (3) by adding at the end thereof the following:
       ``(5) a list of projects that are part of the Next 
     Generation Air Transportation System and do not have as a 
     primary purpose to operate or maintain the current air 
     traffic control system.''.

     SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR AIRPORT 
                   PROGRAMS.

       (a) In General.--Section 48105 is amended to read as 
     follows:

     ``Sec. 48105. Airport programs administrative expenses

       ``Of the amount made available under section 48103 of this 
     title, the following may be available for administrative 
     expenses relating to the Airport Improvement Program, 
     passenger facility

[[Page 5038]]

     charge approval and oversight, national airport system 
     planning, airport standards development and enforcement, 
     airport certification, airport-related environmental 
     activities (including legal services), and other airport-
     related activities (including airport technology research), 
     to remain available until expended--
       ``(1) for fiscal year 2010, $94,000,000; and
       ``(2) for fiscal year 2011, $98,000,000.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 481 is amended by striking the item relating to 
     section 48105 and inserting the following:

``48105. Airport programs administrative expenses''.

       (c) Passenger Enplanement Report.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall prepare a report on every airport in the 
     United States that reported between 10,000 and 15,000 
     passenger enplanements during each of the 2 most recent years 
     for which such data is available.
       (2) Report objectives.--In carrying out the report under 
     paragraph (1), the Administrator shall document the methods 
     used by each subject airport to reach the 10,000 passenger 
     enplanement threshold, including whether airports subsidize 
     commercial flights to reach such threshold.
       (3) Review.--The Inspector General of the Department of 
     Transportation shall review the process of the Adminstrator 
     in developing the report under paragraph (1).
       (4) Report.--The Administrator shall submit the report 
     prepared under paragraph (1) to Congress and the Secretary of 
     Transportation.

                     TITLE II--AIRPORT IMPROVEMENTS

     SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AUTHORITY.

       (a) Passenger Facility Charge Streamlining.--Section 
     40117(c) is amended to read as follows:
       ``(c) Procedural Requirements for Imposition of Passenger 
     Facility Charge.--
       ``(1) In general.--An eligible agency must submit to those 
     air carriers and foreign air carriers operating at the 
     airport with a significant business interest, as defined in 
     paragraph (3), and to the Secretary and make available to the 
     public annually a report, in the form required by the 
     Secretary, on the status of the eligible agency's passenger 
     facility charge program, including--
       ``(A) the total amount of program revenue held by the 
     agency at the beginning of the 12 months covered by the 
     report;
       ``(B) the total amount of program revenue collected by the 
     agency during the period covered by the report;
       ``(C) the amount of expenditures with program revenue made 
     by the agency on each eligible airport-related project during 
     the period covered by the report;
       ``(D) each airport-related project for which the agency 
     plans to collect and use program revenue during the next 12-
     month period covered by the report, including the amount of 
     revenue projected to be used for such project;
       ``(E) the level of program revenue the agency plans to 
     collect during the next 12-month period covered by the 
     report;
       ``(F) a description of the notice and consultation process 
     with air carriers and foreign air carriers under paragraph 
     (3), and with the public under paragraph (4), including a 
     copy of any adverse comments received and how the agency 
     responded; and
       ``(G) any other information on the program that the 
     Secretary may require.
       ``(2) Implementation.--Subject to the requirements of 
     paragraphs (3), (4), (5), and (6), the eligible agency may 
     implement the planned collection and use of passenger 
     facility charges in accordance with its report upon filing 
     the report as required in paragraph (1).
       ``(3) Consultation with carriers for new projects.--
       ``(A) An eligible agency proposing to collect or use 
     passenger facility charge revenue for a project not 
     previously approved by the Secretary or not included in a 
     report required by paragraph (1) that was submitted in a 
     prior year 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--

[[Page 5039]]

       (i) by striking ``fee'' or ``fees'' each place either 
     appears and inserting ``charge'' or ``charges'', 
     respectively; and
       (ii) by striking ``Fee'' in the subsection caption for 
     subsection (l), and ``Fees'' in the subsection captions for 
     subsections (e) and (m), and inserting ``Charge'' and 
     ``Charges'', respectively.
       (C) The caption for section 40117 is amended to read as 
     follows:

     ``Sec. 40117. Passenger facility charges''.

       (D) The table of contents for chapter 401 is amended by 
     striking the item relating to section 40117 and inserting the 
     following:

``40117. Passenger facility charges''.

       (2) Limitations on approving applications.--Section 
     40117(d) is amended--
       (A) by striking ``subsection (c) of this section to finance 
     a specific'' and inserting ``subsection (c)(6) of this 
     section to finance an intermodal ground access'';
       (B) by striking ``specific'' in paragraph (1);
       (C) by striking paragraph (2) and inserting the following:
       ``(2) the project is an eligible airport-related project; 
     and'';
       (D) by striking ``each of the specific projects; and'' in 
     paragraph (3) and inserting ``the project.''; and
       (E) by striking paragraph (4).
       (3) Limitations on imposing charges.--Section 40117(e)(1) 
     is amended to read as follows: ``(1) An eligible agency may 
     impose a passenger facility charge only subject to terms the 
     Secretary may prescribe to carry out the objectives of this 
     section.''.
       (4) Limitations on contracts, leases, and use agreements.--
     Section 40117(f)(2) is amended by striking ``long-term''.
       (5) Compliance.--Section 40117(h) is amended--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following:
       ``(3) The Secretary may, on complaint of an interested 
     person or on the Secretary's own initiative, conduct an 
     investigation into an eligible agency's collection and use of 
     passenger facility charge revenue to determine whether a 
     passenger facility charge is excessive or that passenger 
     facility revenue is not being used as provided in this 
     section. The Secretary shall prescribe regulations 
     establishing procedures for complaints and investigations. 
     The regulations may provide for the issuance of a final 
     agency decision without resort to an oral evidentiary 
     hearing. The Secretary shall not accept complaints filed 
     under this paragraph until after the issuance of regulations 
     establishing complaint procedures.''.
       (6) Pilot program for pfc at nonhub airports.--Section 
     40117(l) is amended--
       (A) by striking ``(c)(2)'' in paragraph (2) and inserting 
     ``(c)(3)''; and
       (B) by striking ``October 1, 2009.'' in paragraph (7) and 
     inserting ``the date of issuance of regulations to carry out 
     subsection (c) of this section, as amended by the FAA Air 
     Transportation Modernization and Safety Improvement Act.''.
       (7) Prohibition on approving pfc applications for airport 
     revenue diversion.--Section 47111(e) is amended by striking 
     ``sponsor'' the second place it appears in the first sentence 
     and all that follows and inserting ``sponsor. A sponsor shall 
     not propose collection or use of passenger facility charges 
     for any new projects under paragraphs (3) through (6) of 
     section 40117(c) unless the Secretary determines that the 
     sponsor has taken corrective action to address the violation 
     and the violation no longer exists.''.

     SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM.

       (a) In General.--Section 40117 is amended by adding at the 
     end thereof the following:
       ``(n) Alternative Passenger Facility Charge Collection 
     Pilot Program.--
       ``(1) In general.--The Secretary shall establish and 
     conduct a pilot program at not more than 6 airports under 
     which an eligible agency may impose a passenger facility 
     charge under this section without regard to the dollar amount 
     limitations set forth in paragraph (1) or (4) of subsection 
     (b) if the participating eligible agency meets the 
     requirements of paragraph (2).
       ``(2) Collection requirements.--
       ``(A) Direct collection.--An eligible agency participating 
     in the pilot program--
       ``(i) may collect the charge from the passenger at the 
     facility, via the Internet, or in any other reasonable 
     manner; but
       ``(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

[[Page 5040]]

       (3) by adding at the end thereof the following:
       ``(2) In the case of a privately owned airport, subsection 
     (a) shall not apply to the proceeds from the sale of the 
     airport to a public sponsor if--
       ``(A) the sale is approved by the Secretary;
       ``(B) funding is provided under this title for the public 
     sponsor's acquisition; and
       ``(C) an amount equal to the remaining unamortized portion 
     of the original grant, amortized over a 20-year period, is 
     repaid to the Secretary by the private owner for deposit in 
     the Trust Fund for airport acquisitions.
       ``(3) This subsection shall apply to grants issued on or 
     after October 1, 1996.''.

     SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT COSTS.

       Notwithstanding section 47109(a) of title 49, United States 
     Code, the Federal Government's share of allowable project 
     costs for a grant made in fiscal year 2008, 2009, 2010, or 
     2011 under chapter 471 of that title for a project described 
     in paragraph (2) or (3) of that section shall be 95 percent.

     SEC. 207(B). PROHIBITION ON USE OF PASSENGER FACILITY CHARGES 
                   TO CONSTRUCT BICYCLE STORAGE FACILITIES.

       Section 40117(a)(3) is amended--
       (1) by redesignating subparagraphs (A) through (G) as 
     clauses (i) through (vii);
       (2) by striking ``The term'' and inserting the following:
       ``(A) In general.--The term''; and
       (3) by adding at the end the following:
       ``(B) Bicycle storage facilities.--A project to construct a 
     bicycle storage facility may not be considered an eligible 
     airport-related project.''.

     SEC. 208. MISCELLANEOUS AMENDMENTS.

       (a) Technical Changes to National Plan of Integrated 
     Airport Systems.--Section 47103 is amended--
       (1) by striking ``each airport to--'' in subsection (a) and 
     inserting ``the airport system to--'';
       (2) by striking ``system in the particular area;'' in 
     subsection (a)(1) and inserting ``system, including 
     connection to the surface transportation network; and'';
       (3) by striking ``aeronautics; and'' in subsection (a)(2) 
     and inserting ``aeronautics.'';
       (4) by striking subsection (a)(3);
       (5) by inserting ``and'' after the semicolon in subsection 
     (b)(1);
       (6) by striking paragraph (2) of subsection (b) and 
     redesignating paragraph (3) as paragraph (2);
       (7) by striking ``operations, Short Takeoff and Landing/
     Very Short Takeoff and Landing aircraft operations,'' in 
     subsection (b)(2), as redesignated, and inserting 
     ``operations''; and
       (8) by striking ``status of the'' in subsection (d).
       (b) Update Veterans Preference Definition.--Section 
     47112(c) is amended--
       (1) by striking ``separated from'' in paragraph (1)(B) and 
     inserting ``discharged or released from active duty in'';
       (2) by adding at the end of paragraph (1) the following:
       ``(C) `Afghanistan-Iraq war veteran' means an individual 
     who served on active duty, as defined by section 101(21) of 
     title 38, at any time in the armed forces for a period of 
     more than 180 consecutive days, any part of which occurred 
     during the period beginning on September 11, 2001, and ending 
     on the date prescribed by Presidential proclamation or by law 
     as the last date of Operation Iraqi Freedom.'';
       (3) by striking ``veterans and'' in paragraph (2) and 
     inserting ``veterans, Afghanistan-Iraq war veterans, and''; 
     and
       (4) by adding at the end the following:
       ``(3) A contract involving labor for carrying out an 
     airport development project under a grant agreement under 
     this subchapter must require that a preference be given to 
     the use of small business concerns (as defined in section 3 
     of the Small Business Act (15 U.S.C. 632)) owned and 
     controlled by disabled veterans.''.
       (c) Annual Report.--Section 47131(a) is amended--
       (1) by striking ``April 1'' and inserting ``June 1''; and
       (2) by striking paragraphs (1) through (4) and inserting 
     the following:
       ``(1) a summary of airport development and planning 
     completed;
       ``(2) a summary of individual grants issued;
       ``(3) an accounting of discretionary and apportioned funds 
     allocated; and
       ``(4) the allocation of appropriations; and''.
       (d) Sunset of Program.--Section 47137 is repealed effective 
     September 30, 2008.
       (e) Correction to Emission Credits Provision.--Section 
     47139 is amended--
       (1) by striking ``47102(3)(F),'' in subsection (a);
       (2) by striking ``47102(3)(F), 47102(3)(K), 47102(3)(L), or 
     47140'' in subsection (b) and inserting ``47102(3)(K) or 
     47102(3)(L)''; and
       (3) by striking ``40117(a)(3)(G), 47103(3)(F), 47102(3)(K), 
     47102(3)(L), or 47140,'' in subsection (b) and inserting 
     ``40117(a)(3)(G), 47102(3)(K), or 47102(3)(L),''; and
       (f) Correction to Surplus Property Authority.--Section 
     47151(e) is amended by striking ``(other than real property 
     that is subject to 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:

[[Page 5041]]

       ``(e) Grants for Assessment of Flight Procedures.--
       ``(1) The Secretary is authorized in accordance with 
     subsection (c)(1) to make a grant to an airport operator to 
     assist in completing environmental review and assessment 
     activities for proposals to implement flight procedures that 
     have been approved for airport noise compatibility planning 
     purposes under subsection (b).
       ``(2) The Administrator of the Federal Aviation 
     Administration may accept funds from an airport sponsor, 
     including funds provided to the sponsor under paragraph (1), 
     to hire additional staff or obtain the services of 
     consultants in order to facilitate the timely processing, 
     review and completion of environmental activities associated 
     with proposals to implement flight procedures submitted and 
     approved for airport noise compatibility planning purposes in 
     accordance with this section. Funds received under this 
     authority shall not be subject to the procedures applicable 
     to the receipt of gifts by the Administrator.''.

     SEC. 212. SAFETY-CRITICAL AIRPORTS.

       Section 47118(c) is amended--
       (1) by striking ``or'' after the semicolon in paragraph 
     (1);
       (2) by striking ``delays.'' in paragraph (2) and inserting 
     ``delays; or''; and
       (3) by adding at the end the following:
       ``(3) be critical to the safety of commercial, military, or 
     general aviation in trans-oceanic flights.''.

     SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT 
                   PROGRAM.

       (a) Pilot Program.--Subchapter I of chapter 471 is amended 
     by adding at the end thereof the following:

     ``Sec. 47143. Environmental mitigation demonstration pilot 
       program

       ``(a) In General.--The Secretary of Transportation shall 
     carry out a pilot program involving not more than 6 projects 
     at public-use airports under which the Secretary may make 
     grants to sponsors of such airports from funds apportioned 
     under paragraph 47117(e)(1)(A) for use at such airports for 
     environmental mitigation demonstration projects that will 
     measurably reduce or mitigate aviation impacts on noise, air 
     quality or water quality in the vicinity of the airport. 
     Notwithstanding any other provision of this subchapter, an 
     environmental mitigation demonstration project approved under 
     this section shall be treated as eligible for assistance 
     under this subchapter.
       ``(b) Participation in Pilot Program.--A public-use airport 
     shall be eligible for participation in the pilot.
       ``(c) Selection Criteria.--In selecting from among 
     applicants for participation in the pilot program, the 
     Secretary may give priority consideration to environmental 
     mitigation demonstration projects that--
       ``(1) will achieve the greatest reductions in aircraft 
     noise, airport emissions, or airport water quality impacts 
     either on an absolute basis, or on a per-dollar-of-funds 
     expended basis; and
       ``(2) will be implemented by an eligible consortium.
       ``(d) Federal Share.--Notwithstanding any other provision 
     of this subchapter, the United States Government's share of 
     the costs of a project carried out under this section shall 
     be 50 percent.
       ``(e) Maximum Amount.--Not more than $2,500,000 may be made 
     available by the Secretary in grants under this section for 
     any single project.
       ``(f) Identifying Best Practices.--The Administrator may 
     develop and publish information identifying best practices 
     for reducing or mitigating aviation impacts on noise, air 
     quality, or water quality in the vicinity of airports, based 
     on the projects carried out under the pilot program.
       ``(g) Definitions.--In this section:
       ``(1) Eligible consortium.--The term `eligible consortium' 
     means a consortium that comprises 2 or more of the following 
     entities:
       ``(A) Businesses operating in the United States.
       ``(B) Public or private educational or research 
     organizations located in the United States.
       ``(C) Entities of State or local governments in the United 
     States.
       ``(D) Federal laboratories.
       ``(2) Environmental mitigation demonstration project.--The 
     term `environmental mitigation demonstration project' means a 
     project that--
       ``(A) introduces new conceptual environmental mitigation 
     techniques or technology with associated benefits, which have 
     already been proven in laboratory demonstrations;
       ``(B) proposes methods for efficient adaptation or 
     integration of new concepts to airport operations; and
       ``(C) will demonstrate whether new techniques or technology 
     for environmental mitigation identified in research are--
       ``(i) practical to implement at or near multiple public use 
     airports; and
       ``(ii) capable of reducing noise, airport emissions, or 
     water quality impacts in measurably significant amounts.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 471 is amended by inserting after the item relating 
     to section 47142 the following:

``47143. Environmental mitigation demonstration pilot program''.

     SEC. 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DEVELOPMENT 
                   PROGRAM.

       Section 47110(c) is amended--
       (1) by striking ``; or'' in paragraph (1) and inserting a 
     semicolon;
       (2) by striking ``project.'' in paragraph (2) and inserting 
     ``project; or''; and
       (3) by adding at the end the following:
       ``(3) necessarily incurred in anticipation of severe 
     weather.''.

     SEC. 215. GLYCOL RECOVERY VEHICLES.

       Section 47102(3)(G) is amended by inserting ``including 
     acquiring glycol recovery vehicles,'' after ``aircraft,''.

     SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT.

       Section 44504(b) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (6);
       (2) by striking ``aircraft.'' in paragraph (7) and 
     inserting ``aircraft; and''; and
       (3) by adding at the end thereof the following:
       ``(8) to conduct research to support programs designed to 
     reduce gases and particulates emitted.''.

     SEC. 217. UNITED STATES TERRITORY MINIMUM GUARANTEE.

       Section 47114(e) is amended--
       (1) by inserting ``and any United States Territory'' after 
     ``Alaska'' in the subsection heading; and
       (2) by adding at the end thereof the following:
       ``(5) United states territory minimum guarantee.--In any 
     fiscal year in which the total amount apportioned to airports 
     in a United States Territory under subsections (c) and (d) is 
     less than 1.5 percent of the total amount apportioned to all 
     airports under those subsections, the Secretary may apportion 
     to the local authority in any United States Territory 
     responsible for airport development projects in that fiscal 
     year an amount equal to the difference between 1.5 percent of 
     the total amounts apportioned under subsections (c) and (d) 
     in that fiscal year and the amount otherwise apportioned 
     under those subsections to airports in a United States 
     Territory in that fiscal year.''.

     SEC. 218. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA.

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

     SEC. 219. RELEASE FROM RESTRICTIONS.

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

     SEC. 220. DESIGNATION OF FORMER MILITARY AIRPORTS.

       Section 47118(g) is amended by striking ``one'' and 
     inserting ``three'' in its place.

     SEC. 221. AIRPORT SUSTAINABILITY PLANNING WORKING GROUP.

       (a) In General.--The Administrator shall establish an 
     airport sustainability working group to assist the 
     Administrator with issues pertaining to airport 
     sustainability practices.
       (b) Membership.--The Working Group shall be comprised of 
     not more than 15 members including--
       (1) the Administrator;
       (2) 5 member organizations representing aviation interests 
     including:
       (A) an organization representing airport operators;
       (B) an organization representing airport employees;
       (C) an organization representing air carriers;
       (D) an organization representing airport development and 
     operations experts;
       (E) a labor organization representing aviation employees.
       (3) 9 airport chief executive officers which shall include:
       (A) at least one from each of the FAA Regions;
       (B) at least 1 large hub;
       (C) at least 1 medium hub;
       (D) at least 1 small hub;

[[Page 5042]]

       (E) at least 1 non hub;
       (F) at least 1 general aviation airport.
       (c) Functions.--
       (1) develop consensus-based best practices and metrics for 
     the sustainable design, construction, planning, maintenance, 
     and operation of an airport that comply with the guidelines 
     prescribed by the Administrator;
       (2) develop standards for a consensus-based rating system 
     based on the aforementioned best practices, metrics, and 
     ratings; and
       (3) develop standards for a voluntary ratings process, 
     based on the aforementioned best practices, metrics, and 
     ratings;
       (4) examine and submit recommendations for the industry's 
     next steps with regard to sustainability.
       (d) Determination.--The Administrator shall provide 
     assurance that the best practices developed by the working 
     group under paragraph (a) are not in conflict with any 
     federal aviation or federal, state or local environmental 
     regulation.
       (e) Unpaid Position.--Working Group members shall serve at 
     their own expense and receive no salary, reimbursement of 
     travel expenses, or other compensation from the Federal 
     Government.
       (f) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Working 
     Group under this section.
       (g) Report.--Not later than one year after the date of 
     enactment the Working Group shall submit a report to the 
     Administrator containing the best practices and standards 
     contained in paragraph (c). After receiving the report, the 
     Administrator may publish such best practices in order to 
     disseminate the information to support the sustainable 
     design, construction, planning, maintenance, and operations 
     of airports.
       (h) No funds may be authorized to carry out this provision.

     SEC. 222. INCLUSION OF MEASURES TO IMPROVE THE EFFICIENCY OF 
                   AIRPORT BUILDINGS IN AIRPORT IMPROVEMENT 
                   PROJECTS.

       Section 47101(a) is amended--
       (1) in paragraph (12), by striking ``; and'' and inserting 
     a semicolon;
       (2) in paragraph (13), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(14) that the airport improvement program should be 
     administered to allow measures to improve the efficiency of 
     airport buildings to be included in airport improvement 
     projects, such as measures designed to meet one or more of 
     the criteria for being a high-performance green building set 
     forth in section 401(13) of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17061(13)), if any 
     significant increase in upfront project costs from any such 
     measure is justified by expected savings over the lifecycle 
     of the project.''.

     SEC. 223. STUDY ON APPORTIONING AMOUNTS FOR AIRPORT 
                   IMPROVEMENT IN PROPORTION TO AMOUNTS OF AIR 
                   TRAFFIC.

       (a) Study and Report Required.--Not later than 180 days 
     after the date of the enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall--
       (1) complete a study on the feasibility and advisability of 
     apportioning amounts under section 47114(c)(1) of title 49, 
     United States Code, to the sponsor of each primary airport 
     for each fiscal year an amount that bears the same ratio to 
     the amount subject to the apportionment for fiscal year 2009 
     as the number of passenger boardings at the airport during 
     the prior calendar year bears to the aggregate of all 
     passenger boardings at all primary airports during that 
     calendar year; and
       (2) submit to Congress a report on the study completed 
     under paragraph (1).
       (b) Report Contents.--The report required by subsection 
     (a)(2) shall include the following:
       (1) A description of the study carried out under subsection 
     (a)(1).
       (2) The findings of the Administrator with respect to such 
     study.
       (3) A list of each sponsor of a primary airport that 
     received an amount under section 47114(c)(1) of title 49, 
     United States Code, in 2009.
       (4) For each sponsor listed in accordance with paragraph 
     (3), the following:
       (A) The amount such sponsor received, if any, in 2005, 
     2006, 2007, 2008, and 2009 under such section 47114(c)(1).
       (B) An explanation of how the amount awarded to such 
     sponsor was determined.
       (C) The average number of air passenger flights serviced 
     each month at the airport of such sponsor in 2009.
       (D) The number of enplanements for air passenger 
     transportation at such airport in 2005, 2006, 2007, 2008, and 
     2009.

      TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM

     SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT BOARD.

       Section 106(p) is amended to read as follows:
       ``(p) Air Traffic Control Modernization Oversight Board.--
       ``(1) Establishment.--Within 90 days after the date of 
     enactment of the FAA Air Transportation Modernization and 
     Safety Improvement Act, the Secretary shall establish and 
     appoint the members of an advisory Board which shall be known 
     as the Air Traffic Control Modernization Oversight Board.
       ``(2) Membership.--The Board shall be comprised of the 
     individual appointed or designated under section 302 of the 
     FAA Air Transportation Modernization and Safety Improvement 
     Act (who shall serve ex officio without the right to vote) 
     and 9 other members, who shall consist of--
       ``(A) the Administrator and a representative from the 
     Department of Defense;
       ``(B) 1 member who shall have a fiduciary responsibility to 
     represent the public interest; and
       ``(C) 6 members representing aviation interests, as 
     follows:
       ``(i) 1 representative that is the chief executive officer 
     of an airport.
       ``(ii) 1 representative that is the chief executive officer 
     of a passenger or cargo air carrier.
       ``(iii) 1 representative of a labor organization 
     representing employees at the Federal Aviation Administration 
     that are involved with the operation of the air traffic 
     control system.
       ``(iv) 1 representative with extensive operational 
     experience in the general aviation community.
       ``(v) 1 representative from an aircraft manufacturer.
       ``(vi) 1 representative of a labor organization 
     representing employees at the Federal Aviation Administration 
     who are involved with maintenance of the air traffic control 
     system.
       ``(3) Appointment and qualifications.--
       ``(A) Members of the Board appointed under paragraphs 
     (2)(B) and (2)(C) shall be appointed by the President, by and 
     with the advice and consent of the Senate.
       ``(B) Members of the Board appointed under paragraph (2)(B) 
     shall be citizens of the United States and shall be appointed 
     without regard to political affiliation and solely on the 
     basis of their professional experience and expertise in one 
     or more of the following areas and, in the aggregate, should 
     collectively bring to bear expertise in--
       ``(i) management of large service organizations;
       ``(ii) customer service;
       ``(iii) management of large procurements;
       ``(iv) information and communications technology;
       ``(v) organizational development; and
       ``(vi) labor relations.
       ``(C) Of the members first appointed under paragraphs 
     (2)(B) and (2)(C)--
       ``(i) 2 shall be appointed for terms of 1 year;
       ``(ii) 1 shall be appointed for a term of 2 years;
       ``(iii) 1 shall be appointed for a term of 3 years; and
       ``(iv) 1 shall be appointed for a term of 4 years.
       ``(4) Functions.--
       ``(A) In general.--The Board shall--
       ``(i) review and provide advice on the Administration's 
     modernization programs, budget, and cost accounting system;
       ``(ii) review the Administration's strategic plan and make 
     recommendations on the non-safety program portions of the 
     plan, and provide advice on the safety programs of the plan;
       ``(iii) review the operational efficiency of the air 
     traffic control system and make recommendations on the 
     operational and performance metrics for that system;
       ``(iv) approve procurements of air traffic control 
     equipment in excess of $100,000,000;
       ``(v) approve by July 31 of each year the Administrator's 
     budget request for facilities and equipment prior to its 
     submission to the Office of Management and budget, including 
     which programs are proposed to be funded from the Air Traffic 
     control system Modernization Account of the Airport and 
     Airway Trust Fund;
       ``(vi) approve the Federal Aviation Administration's 
     Capital Investment Plan prior to its submission to the 
     Congress;
       ``(vii) annually review and make recommendations on the 
     NextGen Implementation Plan;
       ``(viii) approve the Administrator's selection of the Chief 
     NextGen Officer appointed or designated under section 302(a) 
     of the FAA Air Transportation Modernization and Safety 
     Improvement Act; and
       ``(ix) approve the selection of the head of the Joint 
     Planning and Development Office.
       ``(B) Meetings.--The Board shall meet on a regular and 
     periodic basis or at the call of the Chairman or of the 
     Administrator.
       ``(C) Access to documents and staff.--The Administration 
     may give the Board appropriate access to relevant documents 
     and personnel of the Administration, and the Administrator 
     shall make available, consistent with the authority to 
     withhold commercial and other proprietary information under 
     section 552 of title 5, cost data associated with the 
     acquisition and operation of air traffic control systems. Any 
     member of the Board who receives commercial or other 
     proprietary data from the Administrator shall be subject to 
     the provisions of section 1905 of title 18, pertaining to 
     unauthorized disclosure of such information.
       ``(5) Federal advisory committee act not to apply.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Board or such rulemaking committees as the 
     Administrator shall designate.
       ``(6) Administrative matters.--
       ``(A) Terms of members.--Except as provided in paragraph 
     (3)(C), members of the Board appointed under paragraph (2)(B) 
     and (2)(C) shall be appointed for a term of 4 years.
       ``(B) Reappointment.--No individual may be appointed to the 
     Board for more than 8 years total.
       ``(C) Vacancy.--Any vacancy on the Board shall be filled in 
     the same manner as the original position. Any member 
     appointed to fill a vacancy occurring before the expiration 
     of the term for which the member's predecessor was appointed 
     shall be appointed for a term of 4 years.
       ``(D) Continuation in office.--A member of the Board whose 
     term expires shall continue to

[[Page 5043]]

     serve until the date on which the member's successor takes 
     office.
       ``(E) Removal.--Any member of the Board appointed under 
     paragraph (2)(B) or (2)(C) may be removed by the President 
     for cause.
       ``(F) Claims against members of the board.--
       ``(i) In general.--A member appointed to the Board shall 
     have no personal liability under State or Federal law with 
     respect to any claim arising out of or resulting from an act 
     or omission by such member within the scope of service as a 
     member of the Board.
       ``(ii) Effect on other law.--This subparagraph shall not be 
     construed--

       ``(I) to affect any other immunity or protection that may 
     be available to a member of the Board under applicable law 
     with respect to such transactions;
       ``(II) to affect any other right or remedy against the 
     United States under applicable law; or
       ``(III) to limit or alter in any way the immunities that 
     are available under applicable law for Federal officers and 
     employees.

       ``(G) Ethical considerations.--Each member of the Board 
     appointed under paragraph (2)(B) must certify that the 
     member--
       ``(i) does not have a pecuniary interest in, or own stock 
     in or bonds of, an aviation or aeronautical enterprise, 
     except an interest in a diversified mutual fund or an 
     interest that is exempt from the application of section 208 
     of title 18;
       ``(ii) does not engage in another business related to 
     aviation or aeronautics; and
       ``(iii) is not a member of any organization that engages, 
     as a substantial part of its activities, in activities to 
     influence aviation-related legislation.
       ``(H) Chairman; vice chairman.--The Board shall elect a 
     chair and a vice chair from among its members, each of whom 
     shall serve for a term of 2 years. The vice chair shall 
     perform the duties of the chairman in the absence of the 
     chairman.
       ``(I) Compensation.--No member shall receive any 
     compensation or other benefits from the Federal Government 
     for serving on the Board, except for compensation benefits 
     for injuries under subchapter I of chapter 81 of title 5 and 
     except as provided under subparagraph (J).
       ``(J) Expenses.--Each member of the Board shall be paid 
     actual travel expenses and per diem in lieu of subsistence 
     expenses when away from his or her usual place of residence, 
     in accordance with section 5703 of title 5.
       ``(K) Board resources.--From resources otherwise available 
     to the Administrator, the Chairman shall appoint such staff 
     to assist the board and provide impartial analysis, and the 
     Administrator shall make available to the Board such 
     information and administrative services and assistance, as 
     may reasonably be required to enable the Board to carry out 
     its responsibilities under this subsection.
       ``(L) Quorum and voting.--A simple majority of members of 
     the Board duly appointed shall constitute a quorum. A 
     majority vote of members present and voting shall be required 
     for the Committee to take action.
       ``(7) Air traffic control system defined.--In this 
     subsection, the term `air traffic control system' has the 
     meaning given that term in section 40102(a).''.

     SEC. 302. NEXTGEN MANAGEMENT.

       (a) In General.--The Administrator shall appoint or 
     designate an individual, as the Chief NextGen Officer, to be 
     responsible for implementation of all Administration programs 
     associated with the Next Generation Air Transportation 
     System.
       (b) Specific Duties.--The individual appointed or 
     designated under subsection (a) shall--
       (1) oversee the implementation of all Administration 
     NextGen programs;
       (2) coordinate implementation of those NextGen programs 
     with the Office of Management and Budget;
       (3) develop an annual NextGen implementation plan;
       (4) ensure that Next Generation Air Transportation System 
     implementation activities are planned in such a manner as to 
     require that system architecture is designed to allow for the 
     incorporation of novel and currently unknown technologies 
     into the System in the future and that current decisions do 
     not bias future decisions unfairly in favor of existing 
     technology at the expense of innovation; and
       (5) oversee the Joint Planning and Development Office's 
     facilitation of cooperation among all Federal agencies whose 
     operations and interests are affected by implementation of 
     the NextGen programs.

     SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAFFIC 
                   SERVICES.

       Section 106(l) is amended by adding at the end the 
     following:
       ``(7) Air Traffic Services.--In determining what actions to 
     take, by rule or through an agreement or transaction under 
     paragraph (6) or under section 44502, to permit non-
     Government providers of communications, navigation, 
     surveillance or other services to provide such services in 
     the National Airspace System, or to require the usage of such 
     services, the Administrator shall consider whether such 
     actions would--
       ``(A) promote the safety of life and property;
       ``(B) improve the efficiency of the National Airspace 
     System and reduce the regulatory burden upon National 
     Airspace System users, based upon sound engineering 
     principles, user operational requirements, and marketplace 
     demands;
       ``(C) encourage competition and provide services to the 
     largest feasible number of users; and
       ``(D) take into account the unique role served by general 
     aviation.''.

     SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO 
                   REIMBURSABLE AGREEMENTS.

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

     SEC. 305. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

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

     SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES.

       Section 40113(e) is amended--
       (1) by inserting ``(whether public or private)'' in 
     paragraph (1) after ``authorities'';
       (2) by striking ``safety.'' in paragraph (1) and inserting 
     ``safety or efficiency. The Administrator is authorized to 
     participate in, and submit offers in response to, 
     competitions to provide these services, and to contract with 
     foreign aviation authorities to provide these services 
     consistent with the provisions under section 106(l)(6) of 
     this title. The Administrator is also authorized, 
     notwithstanding any other provision of law or policy, to 
     accept payments in arrears.''; and
       (3) by striking ``appropriation from which expenses were 
     incurred in providing such services.'' in paragraph (3) and 
     inserting ``appropriation current when the expenditures are 
     or were paid, or the appropriation current when the amount is 
     received.''.

     SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM.

       Section 40122(g)(2) is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (G);
       (2) by striking ``Board.'' in subparagraph (H) and 
     inserting ``Board; and''; and
       (3) by inserting at the end the following new subparagraph:
       ``(I) subsections (b), (c), and (d) of section 4507 
     (relating to Meritorious Executive or Distinguished Executive 
     rank awards), and subsections (b) and (c) of section 4507a 
     (relating to Meritorious Senior Professional or Distinguished 
     Senior Professional rank awards), except that--
       ``(i) for purposes of applying such provisions to the 
     personnel management system--

       ``(I) the term `agency' means the Department of 
     Transportation;
       ``(II) the term `senior executive' means a Federal Aviation 
     Administration executive;
       ``(III) the term `career appointee' means a Federal 
     Aviation Administration career executive; and
       ``(IV) the term `senior career employee' means a Federal 
     Aviation Administration career senior professional;

       ``(ii) receipt by a career appointee of the rank of 
     Meritorious Executive or Meritorious Senior Professional 
     entitles such individual to a lump-sum payment of an amount 
     equal to 20 percent of annual basic pay, which shall be in 
     addition to the basic pay paid under the Federal Aviation 
     Administration Executive Compensation Plan; and
       ``(iii) receipt by a career appointee of the rank of 
     Distinguished Executive or Distinguished Senior Professional 
     entitles the individual to a lump-sum payment of an amount 
     equal to 35 percent of annual basic pay, which shall be in 
     addition to the basic pay paid under the Federal Aviation 
     Administration Executive Compensation Plan.''.

     SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESSMENT.

       (a) FAA Criteria for Facilities Realignment.--Within 9 
     months after the date of enactment of this Act, the 
     Administrator, after providing an opportunity for public 
     comment, shall publish final criteria to be used in making 
     the Administrator's recommendations for the realignment of 
     services and facilities to assist in the transition to next 
     generation facilities and help reduce capital, operating, 
     maintenance, and administrative costs with no adverse effect 
     on safety.
       (b) Realignment Recommendations.--Within 9 months after 
     publication of the criteria, the Administrator shall publish 
     a list of the services and facilities that the Administrator 
     recommends for realignment, including a justification for 
     each recommendation and a description of the costs and 
     savings of such transition, in the Federal Register and allow 
     45 days for the submission of public comments to the Board. 
     In addition, the Administrator upon request shall hold a 
     public hearing in any community that would be affected by a 
     recommendation in the report.
       (c) Study by Board.--The Air Traffic Control Modernization 
     Oversight Board established by section 106(p) of title 49, 
     United States Code, shall study the Administrator's 
     recommendations for realignment and the opportunities, risks, 
     and benefits of realigning services and facilities of the 
     Administration to help reduce capital, operating, 
     maintenance, and administrative costs with no adverse effect 
     on safety.
       (d) Review and Recommendations.--
       (1) Based on its review and analysis of the Administrator's 
     recommendations and any public comment it may receive, the 
     Board shall make its independent recommendations for 
     realignment of aviation services or facilities and submit its 
     recommendations in a report to the President, the Senate 
     Committee on Commerce, Science, and Transportation, and the 
     House of Representatives Committee on Transportation and 
     Infrastructure.

[[Page 5044]]

       (2) The Board shall explain and justify in its report any 
     recommendation made by the Board that is different from the 
     recommendations made by the Administrator pursuant to 
     subsection (b).
       (3) The Administrator may not realign any air traffic 
     control facilities or regional offices until the Board's 
     recommendations are complete, unless for each proposed 
     realignment the Administrator and each exclusive bargaining 
     representative certified under section 7114 of title 5, 
     United States Code, of affected employees execute a written 
     agreement regarding the proposed realignment.
       (e) Realignment Defined.--In this section, the term 
     ``realignment''--
       (1) means a relocation or reorganization of functions, 
     services, or personnel positions, including a facility 
     closure, consolidation, deconsolidation, collocation, 
     decombining, decoupling, split, or inter-facility or inter-
     regional reorganization that requires a reassignment of 
     employees; but
       (2) does not include a reduction in personnel resulting 
     from workload adjustments.

     SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYSTEM 
                   IMPLEMENTATION OFFICE.

       (a) Improved Cooperation and Coordination among 
     Participating Agencies.--Section 709 of the Vision 100--
     Century of Aviation Reauthorization Act (49 U.S.C. 40101 
     note) is amended--
       (1) by inserting ``strategic and cross-agency'' after 
     ``manage'' in subsection (a)(1);
       (2) by adding at the end of subsection (a)(1) ``The office 
     shall be headed by a Director, who shall report to the Chief 
     NextGen Officer appointed or designated under section 302(a) 
     of the FAA Air Transportation Modernization and Safety 
     Improvement Act.'';
       (3) by inserting ``(A)'' after ``(3)'' in subsection 
     (a)(3);
       (4) by inserting after subsection (a)(3) the following:
       ``(B) The Administrator, the Secretary of Defense, the 
     Administrator of the National Aeronautics and Space 
     Administration, the Secretary of Commerce, the Secretary of 
     Homeland Security, and the head of any other Department or 
     Federal agency from which the Secretary of Transportation 
     requests assistance under subparagraph (A) shall designate an 
     implementation office to be responsible for--
       ``(i) carrying out the Department or agency's Next 
     Generation Air Transportation System implementation 
     activities with the Office;
       ``(ii) liaison and coordination with other Departments and 
     agencies involved in Next Generation Air Transportation 
     System activities; and
       ``(iii) managing all Next Generation Air Transportation 
     System programs for the Department or agency, including 
     necessary budgetary and staff resources, including, for the 
     Federal Aviation Administration, those projects described in 
     section 44501(b)(5) of title 49, United States Code).
       ``(C) The head of any such Department or agency shall 
     ensure that--
       ``(i) the Department's or agency's Next Generation Air 
     Transportation System responsibilities are clearly 
     communicated to the designated office; and
       ``(ii) the performance of supervisory personnel in that 
     office in carrying out the Department's or agency's Next 
     Generation Air Transportation System responsibilities is 
     reflected in their annual performance evaluations and 
     compensation decisions.
       ``(D)(i) Within 6 months after the date of enactment of the 
     FAA Air Transportation Modernization and Safety Improvement 
     Act, the head of each such Department or agency shall execute 
     a memorandum of understanding with the Office and with the 
     other Departments and agencies participating in the Next 
     Generation Air Transportation System project that--
       ``(I) describes the respective responsibilities of each 
     such Department and agency, including budgetary commitments; 
     and
       ``(II) the budgetary and staff resources committed to the 
     project.
       ``(ii) The memorandum shall be revised as necessary to 
     reflect any changes in such responsibilities or commitments 
     and be reflected in each Department or agency's budget 
     request.'';
       (5) by striking ``beyond those currently included in the 
     Federal Aviation Administration's operational evolution 
     plan'' in subsection (b);
       (6) by striking ``research and development roadmap'' in 
     subsection (b)(3) and inserting ``implementation plan'';
       (7) by striking ``and'' after the semicolon in subsection 
     (b)(3)(B);
       (8) by inserting after subsection (b)(3)(C) the following:
       ``(D) a schedule of rulemakings required to issue 
     regulations and guidelines for implementation of the Next 
     Generation Air Transportation System within a timeframe 
     consistent with the integrated plan; and'';
       (9) by inserting ``and key technologies'' after 
     ``concepts'' in subsection (b)(4);
       (10) by striking ``users'' in subsection (b)(4) and 
     inserting ``users, an implementation plan,'';
       (11) by adding at the end of subsection (b) the following:
     ``Within 6 months after the date of enactment of the FAA Air 
     Transportation Modernization and Safety Improvement Act, the 
     Administrator shall develop the implementation plan described 
     in paragraph (3) of this subsection and shall update it 
     annually thereafter.''; and
       (12) by striking ``2010.'' in subsection (e) and inserting 
     ``2011.''.
       (b) Senior Policy Committee Meetings.--Section 710(a) of 
     such Act (49 U.S.C. 40101 note) is amended by striking 
     ``Secretary.'' and inserting ``Secretary and shall meet at 
     least once each quarter.''.

     SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY.

       Section 40102(a)(4) is amended--
       (1) by striking subparagraph (B) and inserting the 
     following:
       ``(B) runway lighting and airport surface visual and other 
     navigation aids;'';
       (2) by striking ``weather information, signaling, radio-
     directional finding, or radio or other electromagnetic 
     communication; and'' in subparagraph (C) and inserting 
     ``aeronautical and meteorological information to air traffic 
     control facilities or aircraft, supplying communication, 
     navigation or surveillance equipment for air-to-ground or 
     air-to-air applications;'';
       (3) by striking ``another structure'' in subparagraph (D) 
     and inserting ``any structure, equipment,'';
       (4) by striking ``aircraft.'' in subparagraph (D) and 
     inserting ``aircraft; and''; and
       (5) by adding at the end the following:
       ``(E) buildings, equipment, and systems dedicated to the 
     National Airspace System.''.

     SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

       Section 40110(a)(2) is amended by striking ``compensation; 
     and'' and inserting ``compensation, and the amount received 
     may be credited 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:

[[Page 5045]]

       (A) RNP/RNAV operations.--The required navigation 
     performance and area navigation operations, including the 
     procedures to be developed, certified, and published and the 
     air traffic control operational changes, to maximize the 
     efficiency and capacity of NextGen commercial operations at 
     the 35 Operational Evolution Partnership airports identified 
     by the Administration.
       (B) Coordination and implementation activities.--A 
     description of the activities and operational changes and 
     approvals required to coordinate and utilize those procedures 
     at those airports.
       (C) Implementation plan.--A plan for implementing those 
     procedures that establishes--
       (i) clearly defined budget, schedule, project organization, 
     and leadership requirements;
       (ii) specific implementation and transition steps; and
       (iii) baseline and performance metrics for measuring the 
     Administration's progress in implementing the plan, including 
     the percentage utilization of required navigation performance 
     in the National Airspace System.
       (D) Cost/benefit analysis for third-party usage.--An 
     assessment of the costs and benefits of using third parties 
     to assist in the development of the procedures.
       (E) Additional procedures.--A process for the 
     identification, certification, and publication of additional 
     required navigation performance and area navigation 
     procedures that may be required at such airports in the 
     future.
       (2) Implementation schedule.--The Administrator shall 
     certify, publish, and implement--
       (A) 30 percent of the required procedures within 18 months 
     after the date of enactment of this Act;
       (B) 60 percent of the procedures within 36 months after the 
     date of enactment of this Act; and
       (C) 100 percent of the procedures before January 1, 2014.
       (b) Expansion of Plan to Other Airports.--
       (1) In general.--No later than January 1, 2014, the 
     Administrator shall publish a report, after consultation with 
     representatives of appropriate Administration employee 
     groups, airport operators, and air carriers, that includes a 
     plan for applying the procedures, requirements, criteria, and 
     metrics described in subsection (a)(1) to other airports 
     across the Nation.
       (2) Implementation schedule.--The Administrator shall 
     certify, publish, and implement--
       (A) 25 percent of the required procedures at such other 
     airports before January 1, 2015;
       (B) 50 percent of the procedures at such other airports 
     before January 1, 2016;
       (C) 75 percent of the procedures at such other airports 
     before January 1, 2017; and
       (D) 100 percent of the procedures before January 1, 2018.
       (c) Establishment of Priorities.--The Administrator shall 
     extend the charter of the Performance Based Navigation 
     Aviation Rulemaking Committee as necessary to authorize and 
     request it to establish priorities for the development, 
     certification, publication, and implementation of the 
     navigation performance and area navigation procedures based 
     on their potential safety and congestion benefits.
       (d) Coordinated and Expedited Review.--Navigation 
     performance and area navigation procedures developed, 
     certified, published, and implemented under this section 
     shall be presumed to be covered by a categorical exclusion 
     (as defined in section 1508.4 of title 40, Code of Federal 
     Regulations) under chapter 3 of FAA Order 1050.1E unless the 
     Administrator determines that extraordinary circumstances 
     exist with respect to the procedure.
       (e) Deployment Plan for Nationwide Data Communications 
     System.--Within 1 year after the date of enactment of this 
     Act, the Administrator shall submit a plan for implementation 
     of a nationwide communications system to the Senate Committee 
     on Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure. The plan shall include--
       (1) clearly defined budget, schedule, project organization, 
     and leadership requirements;
       (2) specific implementation and transition steps; and
       (3) baseline and performance metrics for measuring the 
     Administration's progress in implementing the plan.
       (f) Improved Performance Standards.--Within 90 days after 
     the date of enactment of this Act, the Administrator shall 
     submit a report to the Senate committee on commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure that--
       (1) evaluates whether utilization of ADS-B, RNP, and other 
     technologies as part of the NextGen Air Transportation System 
     implementation plan will display the position of aircraft 
     more accurately and frequently so as to enable a more 
     efficient use of existing airspace and result in reduced 
     consumption of aviation fuel and aircraft engine emissions;
       (2) evaluates the feasibility of reducing aircraft 
     separation standards in a safe manner as a result of 
     implementation of such technologies; and
       (3) if the Administrator determines that such standards can 
     be reduced safely, includes a timetable for implementation of 
     such reduced standards.

     SEC. 315. ADS-B DEVELOPMENT AND IMPLEMENTATION.

       (a) In General.--
       (1) Report required.--Within 90 days after the date of 
     enactment of this Act, the Administrator shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure detailing the 
     Administration's program and schedule for integrating ADS-B 
     technology into the National Airspace System. The report 
     shall include--
       (A) a clearly defined budget, schedule, project 
     organization, leadership, and the specific implementation or 
     transition steps required to achieve these ADS-B ground 
     station installation goals;
       (B) a transition plan for ADS-B that includes date-specific 
     milestones for the implementation of new capabilities into 
     the National Airspace System;
       (C) identification of any potential operational or 
     workforce changes resulting from deployment of ADS-B;
       (D) detailed plans and schedules for implementation of 
     advanced operational procedures and ADS-B air-to-air 
     applications; and
       (E) baseline and performance metrics in order to measure 
     the agency's progress.
       (2) IDENTIFICATION and measurement of benefits.--In the 
     report required by paragraph (1), the Administrator shall 
     identify actual benefits that will accrue to National 
     Airspace System users, small and medium-sized airports, and 
     general aviation users from deployment of ADS-B and provide 
     an explanation of the metrics used to quantify those 
     benefits.
       (b) Rulemakings.--
       (1) ADS-B out.--Not later than 45 days after the date of 
     enactment of this Act the Administrator shall--
       (A) complete the initial rulemaking proceeding (Docket No. 
     FAA-2007-29305; Notice No. 07-15; 72 FR 56947) to issue 
     guidelines and regulations for ADS-B Out technology that--
       (i) identify the ADS-B Out technology that will be required 
     under NextGen;
       (ii) subject to paragraph (3), require all aircraft to be 
     equipped with such technology by 2015; and
       (iii) identify--

       (I) the type of such avionics required of aircraft for all 
     classes of airspace;
       (II) the expected costs associated with the avionics; and
       (III) the expected uses and benefits of the avionics; and

       (B) initiate a rulemaking proceeding to issue any 
     additional guidelines and regulations for ADS-B Out 
     technology not addressed in the initial rulemaking.
       (2) ADS-B in.--Not later than 45 days after the date of 
     enactment of this Act the Administrator shall initiate a 
     rulemaking proceeding to issue guidelines and regulations for 
     ADS-B In technology that--
       (A) identify the ADS-B In technology that will be required 
     under NextGen;
       (B) subject to paragraph (3), require all aircraft to be 
     equipped with such technology by 2018; and
       (C) identify--
       (i) the type of such avionics required of aircraft for all 
     classes of airspace;
       (ii) the expected costs associated with the avionics; and
       (iii) the expected uses and benefits of the avionics.
       (3) Readiness Verification.--Before the date on which all 
     aircraft are required to be equipped with ADS-B technology 
     pursuant to rulemakings under paragraphs (1) and (2), the Air 
     Traffic Control Modernization Oversight Board shall verify 
     that--
       (A) the necessary ground infrastructure is installed and 
     functioning properly;
       (B) certification standards have been approved; and
       (C) appropriate operational platforms interface safely and 
     efficiently.
       (c) Uses.--Within 18 months after the date of enactment of 
     this Act, the Administrator shall develop, in consultation 
     with appropriate employee groups, a plan for the use of ADS-B 
     technology for surveillance and active air traffic control by 
     2015. The plans shall--
       (1) include provisions to test the use of ADS-B prior to 
     the 2015 deadline for surveillance and active air traffic 
     control in specific regions of the country with the most 
     congested airspace;
       (2) identify the equipment required at air traffic control 
     facilities and the training required for air traffic 
     controllers;
       (3) develop procedures, in consultation with appropriate 
     employee groups, to conduct air traffic management in mixed 
     equipage environments; and
       (4) establish a policy in these test regions, with 
     consultation from appropriate employee groups, to provide 
     incentives for equipage with ADS-B technology by giving 
     priority to aircraft equipped with such technology before the 
     2015 and 2018 equipage deadlines.
       (d) Conditional Extension of Deadlines for Equipping 
     Aircraft With ADS-B Technology.--
       (1) ADS-B out.--In the case that the Administrator fails to 
     complete the initial rulemaking described in subparagraph (A) 
     of subsection (b)(1) on or before the date that is 45 days 
     after the date of the enactment of this Act, the deadline 
     described in clause (ii) of such subparagraph shall be 
     extended by an amount of time that is equal to the amount of 
     time of the period beginning on the date that is 45 days 
     after the date of the enactment of this Act and ending on the 
     date on which the Administrator completes such initial 
     rulemaking.
       (2) ADS-B in.--In the case that the Administrator fails to 
     initiate the rulemaking required by paragraph (2) of 
     subsection (b) on or before

[[Page 5046]]

     the date that is 45 days after the date of the enactment of 
     this Act, the deadline described in subparagraph (B) of such 
     paragraph shall be extended by an amount of time that is 
     equal to the amount of time of the period beginning on the 
     date that is 45 days after the date of the enactment of this 
     Act and ending on the date on which the Administrator 
     initiates such rulemaking.

     SEC. 316. EQUIPAGE INCENTIVES.

       (a) In General.--The Administrator shall issue a report 
     that--
       (1) identifies incentive options to encourage the equipage 
     of aircraft with NextGen technologies, including a policy 
     that gives priority to aircraft equipped with ADS-B 
     technology;
       (2) identifies the costs and benefits of each option; and
       (3) includes input from industry stakeholders, including 
     passenger and cargo air carriers, aerospace manufacturers, 
     and general aviation aircraft operators.
       (b) Deadline.--The Administrator shall issue the report 
     before the earlier of--
       (1) the date that is 6 months after the date of enactment 
     of this Act; or
       (2) the date on which aircraft are required to be equipped 
     with ADS-B technology pursuant to rulemakings under section 
     315(b) of this Act.

     SEC. 317. PERFORMANCE METRICS.

       (a) In General.--No later than June 1, 2010, the 
     Administrator shall establish and track National Airspace 
     System performance metrics, including, at a minimum--
       (1) the allowable operations per hour on runways;
       (2) average gate-to-gate times;
       (3) fuel burned between key city pairs;
       (4) operations using the advanced procedures implemented 
     under section 314 of this Act;
       (5) average distance flown between key city pairs;
       (6) time between pushing back from the gate and taking off;
       (7) uninterrupted climb or descent;
       (8) average gate arrival delay for all arrivals;
       (9) flown versus filed flight times for key city pairs; and
       (10) metrics to demonstrate reduced fuel burn and reduced 
     emissions.
       (b) Optimal Baselines.--The Administrator, in consultation 
     with aviation industry stakeholders, shall identify optimal 
     baselines for each of these metrics and appropriate methods 
     to measure deviations from these baselines.
       (c) Publication.--The Administration shall make the data 
     obtained under subsection (a) available to the public in a 
     searchable, sortable, downloadable format through its website 
     and other appropriate media.
       (d) Reports.--
       (1) Initial report.--Not later than 90 days after the date 
     of enactment of this Act, the Administrator shall submit to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure that contains--
       (A) a description of the metrics that will be used to 
     measure the Administration's progress in implementing NextGen 
     Air Transportation System capabilities and operational 
     results; and
       (B) information about how any additional metrics were 
     developed.
       (2) Annual progress report.--The Administrator shall submit 
     an annual progress report to those committees on the 
     Administration's progress in implementing NextGen Air 
     Transportation System.

     SEC. 318. CERTIFICATION STANDARDS AND RESOURCES.

       (a) In General.--Within 6 months after the date of 
     enactment of this Act, the Administrator shall develop a plan 
     to accelerate and streamline the process for certification of 
     NextGen technologies, including--
       (1) updated project plans and timelines to meet the 
     deadlines established by this title;
       (2) identification of the specific activities needed to 
     certify core NextGen technologies, including the 
     establishment of NextGen technical requirements for the 
     manufacture of equipage, installation of equipage, airline 
     operational procedures, pilot training standards, air traffic 
     control procedures, and air traffic controller training;
       (3) staffing requirements for the Air Certification Service 
     and the Flight Standards Service, and measures addressing 
     concerns expressed by the Department of Transportation 
     Inspector General and the Comptroller General regarding 
     staffing needs for modernization;
       (4) an assessment of the extent to which the Administration 
     will use third parties in the certification process, and the 
     cost and benefits of this approach; and
       (5) performance metrics to measure the Administration's 
     progress.
       (b) Certification Integrity.--The Administrator shall make 
     no distinction between public or privately owned equipment, 
     systems, or services used in the National Airspace System 
     when determining certification requirements.

     SEC. 319. REPORT ON FUNDING FOR NEXTGEN TECHNOLOGY.

       Not later than 120 days after the date of the enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall submit to Congress a report that 
     contains--
       (1) a financing proposal that--
       (A) uses innovative methods to fully fund the development 
     and implementation of technology for the Next Generation Air 
     Transportation System in a manner that does not increase the 
     Federal deficit; and
       (B) takes into consideration opportunities for involvement 
     by public-private partnerships; and
       (C) recommends creative financing proposals other than user 
     fees or higher taxes; and
       (2) recommendations with respect to how the Administrator 
     and Congress can provide operational benefits, such as 
     benefits relating to preferred airspace, routings, or runway 
     access, for all aircraft, including air carriers and general 
     aviation, that equip their aircraft with technology necessary 
     for the operation of the Next Generation Air Transportation 
     System before the date by which the Administrator requires 
     the use of such technology.

     SEC. 320. UNMANNED AERIAL SYSTEMS.

       (a) In General.--Within 1 year after the date of enactment 
     of this Act, the Administrator shall develop a plan to 
     accelerate the integration of unmanned aerial systems into 
     the National Airspace System that--
       (1) creates a pilot project to integrate such vehicles into 
     the National Airspace System at 4 test sites in the National 
     Airspace System by 2012;
       (2) creates a safe, non-exclusionary airspace designation 
     for cooperative manned and unmanned flight operations in the 
     National Airspace System;
       (3) establishes a process to develop certification, flight 
     standards, and air traffic requirements for such vehicles at 
     the test sites;
       (4) dedicates funding for unmanned aerial systems research 
     and development to certification, flight standards, and air 
     traffic requirements;
       (5) encourages leveraging and coordination of such research 
     and development activities with the National Aeronautics and 
     Space Administration and the Department of Defense;
       (6) addresses both military and civilian unmanned aerial 
     system operations;
       (7) ensures the unmanned aircraft systems integration plan 
     is incorporated in the Administration's NextGen Air 
     Transportation System implementation plan; and
       (8) provides for verification of the safety of the vehicles 
     and navigation procedures before their integration into the 
     National Airspace System.
       (b) Test Site Criteria.--The Administrator shall take into 
     consideration geographical and climate diversity in 
     determining where the test sites to be established under the 
     pilot project required by subsection (a)(1) are to be 
     located.

     SEC. 321. SURFACE SYSTEMS PROGRAM OFFICE.

       (a) In General.--The Air Traffic Organization shall--
       (1) evaluate the Airport Surface Detection Equipment-Model 
     X program for its potential contribution to implementation of 
     the NextGen initiative;
       (2) evaluate airport surveillance technologies and 
     associated collaborative surface management software for 
     potential contributions to implementation of NextGen surface 
     management;
       (3) accelerate implementation of the program; and
       (4) carry out such additional duties as the Administrator 
     may require.
       (b) Expedited Certification and Utilization.--The 
     Administrator shall--
       (1) consider options for expediting the certification of 
     Ground Based Augmentation System technology; and
       (2) develop a plan to utilize such a system at the 35 
     Operational Evolution Partnership airports by September 30, 
     2012.

     SEC. 322. STAKEHOLDER COORDINATION.

       (a) In General.--The Administrator shall establish a 
     process for including qualified employees selected by each 
     exclusive collective bargaining representative of employees 
     of the Administration who are likely to be affected by the 
     planning, development, and deployment of air traffic control 
     modernization projects (including the Next Generation Air 
     Transportation System) in, and collaborating with, such 
     employees in the planning, development, and deployment of 
     those projects.
       (b) Participation.--
       (1) Bargaining obligations and rights.--Participation in 
     the process described in subsection (a) shall not be 
     construed as a waiver of any bargaining obligations or rights 
     under section 40122(a)(1) or 40122(g)(2)(C) of title 49, 
     United States Code.
       (2) Capacity and compensation.--Exclusive collective 
     bargaining representatives and selected employees 
     participating in the process described in subsection (a) 
     shall--
       (A) serve in a collaborative and advisory capacity; and
       (B) receive appropriate travel and per diem expenses in 
     accordance with the travel policies of the Administration in 
     addition to any regular compensation and benefits.
       (c) Report.--No later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit a 
     report on the implementation of this section to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure.

     SEC. 323. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY 
                   CONDITIONS.

       (a) Establishment.--The Administrator shall establish a 
     special task force to be known as the ``FAA Task Force on Air 
     Traffic Control Facility Conditions''.
       (b) Membership.--
       (1) Composition.--The Task Force shall be composed of 11 
     members of whom--
       (A) 7 members shall be appointed by the Administrator; and
       (B) 4 members shall be appointed by labor unions 
     representing employees who work at field facilities of the 
     Administration.

[[Page 5047]]

       (2) Qualifications.--Of the members appointed by the 
     Administrator under paragraph (1)(A)--
       (A) 4 members shall be specialists on toxic mold abatement, 
     ``sick building syndrome,'' and other hazardous building 
     conditions that can lead to employee health concerns and 
     shall be appointed by the Administrator in consultation with 
     the Director of the National Institute for Occupational 
     Safety and Health; and
       (B) 2 members shall be specialists on the rehabilitation of 
     aging buildings.
       (3) Terms.--Members shall be appointed for the life of the 
     Task Force.
       (4) Vacancies.--A vacancy in the Task Force shall be filled 
     in the manner in which the original appointment was made.
       (5) Travel expenses.--Members shall serve without pay but 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code.
       (c) Chairperson.--The Administrator shall designate, from 
     among the individuals appointed under subsection (b)(1), an 
     individual to serve as chairperson of the Task Force.
       (d) Task Force Personnel Matters.--
       (1) Staff.--The Task Force may appoint and fix the pay of 
     such personnel as it considers appropriate.
       (2) Staff of federal agencies.--Upon request of the 
     Chairperson of the Task Force, the head of any department or 
     agency of the United States may detail, on a reimbursable 
     basis, any of the personnel of that department or agency to 
     the Task Force to assist it in carrying out its duties under 
     this section.
       (3) Other staff and support.--Upon request of the Task 
     Force or a panel of the Task Force, the Administrator shall 
     provide the Task Force or panel with professional and 
     administrative staff and other support, on a reimbursable 
     basis, to the Task Force to assist it in carrying out its 
     duties under this section.
       (e) Obtaining Official Data.--The Task Force may secure 
     directly from any department or agency of the United States 
     information (other than information required by any statute 
     of the United States to be kept confidential by such 
     department or agency) necessary for the Task Force to carry 
     out its duties under this section. Upon request of the 
     chairperson of the Task Force, the head of that department or 
     agency shall furnish such information to the Task Force.
       (f) Duties.--
       (1) Study.--The Task Force shall undertake a study of--
       (A) the conditions of all air traffic control facilities 
     across the Nation, including towers, centers, and terminal 
     radar air control;
       (B) reports from employees of the Administration relating 
     to respiratory ailments and other health conditions resulting 
     from exposure to mold, asbestos, poor air quality, radiation 
     and facility-related hazards in facilities of the 
     Administration;
       (C) conditions of such facilities that could interfere with 
     such employees' ability to effectively and safely perform 
     their duties;
       (D) the ability of managers and supervisors of such 
     employees to promptly document and seek remediation for 
     unsafe facility conditions;
       (E) whether employees of the Administration who report 
     facility-related illnesses are treated fairly;
       (F) utilization of scientifically approved remediation 
     techniques in a timely fashion once hazardous conditions are 
     identified in a facility of the Administration; and
       (G) resources allocated to facility maintenance and 
     renovation by the Administration.
       (2) Facility condition indices.--The Task Force shall 
     review the facility condition indices of the Administration 
     for inclusion in the recommendations under subsection (g).
       (g) Recommendations.--Based on the results of the study and 
     review of the facility condition indices under subsection 
     (f), the Task Force shall make recommendations as it 
     considers necessary to--
       (1) prioritize those facilities needing the most immediate 
     attention in order of the greatest risk to employee health 
     and safety;
       (2) ensure that the Administration is using scientifically 
     approved remediation techniques in all facilities; and
       (3) assist the Administration in making programmatic 
     changes so that aging air traffic control facilities do not 
     deteriorate to unsafe levels.
       (h) Report.--Not later than 6 months after the date on 
     which initial appointments of members to the Task Force are 
     completed, the Task Force shall submit a report to the 
     Administrator, the Senate Committee on Commerce, Science, and 
     Transportation, and the House of Representatives Committee on 
     Transportation and Infrastructure on the activities of the 
     Task Force, including the recommendations of the Task Force 
     under subsection (g).
       (i) Implementation.--Within 30 days after receipt of the 
     Task Force report under subsection (h), the Administrator 
     shall submit to the House of Representatives Committee on 
     Transportation and Infrastructure and the Senate Committee on 
     Commerce, Science, and Transportation a report that includes 
     a plan and timeline to implement the recommendations of the 
     Task Force and to align future budgets and priorities of the 
     Administration accordingly.
       (j) Termination.--The Task Force shall terminate on the 
     last day of the 30-day period beginning on the date on which 
     the report under subsection (h) is submitted.
       (k) Applicability of the Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Task Force.

     SEC. 324. STATE ADS-B EQUIPAGE BANK PILOT PROGRAM.

       (a) In General.--
       (1) Cooperative agreements.--Subject to the provisions of 
     this section, the Secretary of Transportation may enter into 
     cooperative agreements with not to exceed 5 States for the 
     establishment of State ADS-B equipage banks for making loans 
     and providing other assistance to public entities for 
     projects eligible for assistance under this section.
       (b) Funding.--
       (1) Separate account.--An ADS-B equipage bank established 
     under this section shall maintain a separate aviation trust 
     fund account for Federal funds contributed to the bank under 
     paragraph (2). No Federal funds contributed or credited to an 
     account of an ADS-B equipage bank established under this 
     section may be commingled with Federal funds contributed or 
     credited to any other account of such bank.
       (2) Authorization.--There are authorized to be appropriated 
     to the Secretary $25,000,000 for each of fiscal years 2010 
     through 2014.
       (c) Forms of Assistance From ADS-B Equipage Banks.--An ADS-
     B equipage bank established under this section may make loans 
     or provide other assistance to a public entity in an amount 
     equal to all or part of the cost of carrying out a project 
     eligible for assistance under this section. The amount of any 
     loan or other assistance provided for such project may be 
     subordinated to any other debt financing for the project.
       (d) Qualifying Projects.--Federal funds in the ADS-B 
     equipage account of an ADS-B equipage bank established under 
     this section may be used only to provide assistance with 
     respect to aircraft ADS-B and related avionics equipage.
       (e) Requirements.--In order to establish an ADS-B equipage 
     bank under this section, each State establishing such a bank 
     shall--
       (1) contribute, at a minimum, in each account of the bank 
     from non-Federal sources an amount equal to 50 percent of the 
     amount of each capitalization grant made to the State and 
     contributed to the bank;
       (2) ensure that the bank maintains on a continuing basis an 
     investment grade rating on its debt issuances or has a 
     sufficient level of bond or debt financing instrument 
     insurance to maintain the viability of the bank;
       (3) ensure that investment income generated by funds 
     contributed to an account of the bank will be--
       (A) credited to the account;
       (B) available for use in providing loans and other 
     assistance to projects eligible for assistance from the 
     account; and
       (C) invested in United States Treasury securities, bank 
     deposits, or such other financing instruments as the 
     Secretary may approve to earn interest to enhance the 
     leveraging of projects assisted by the bank;
       (4) ensure that any loan from the bank will bear interest 
     at or below market interest rates, as determined by the 
     State, to make the project that is the subject of the loan 
     feasible;
       (5) ensure that the term for repaying any loan will not 
     exceed 10 years after the date of the first payment on the 
     loan; and
       (6) require the bank to make an annual report to the 
     Secretary on its status no later than September 30 of each 
     year for which funds are made available under this section, 
     and to make such other reports as the Secretary may require 
     by guidelines.

     SEC. 325. IMPLEMENTATION OF INSPECTOR GENERAL ATC 
                   RECOMMENDATIONS.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, but no later than 1 year after that 
     date, the Administrator of the Federal Aviation 
     Administration shall--
       (1) provide the Los Angeles International Air Traffic 
     Control Tower facility, the Southern California Terminal 
     Radar Approach Control facility, and the Northern California 
     Terminal Radar Approach Control facility a sufficient number 
     of contract instructors, classroom space (including off-site 
     locations as needed), and simulators for a surge in the 
     number of new air traffic controllers at those facilities;
       (2) to the greatest extent practicable, distribute the 
     placement of new trainee air traffic controllers at those 
     facilities evenly across the calendar year in order to avoid 
     training bottlenecks;
       (3) commission an independent analysis, in consultation 
     with the Administration and the exclusive bargaining 
     representative of air traffic controllers certified under 
     section 7111 of title 5, United States Code, of overtime 
     scheduling practices at those facilities; and
       (4) to the greatest extent practicable, provide priority to 
     certified professional controllers-in-training when filling 
     staffing vacancies at those facilities.
       (b) Staffing Analyses and Reports.--For the purposes of--
       (1) the Federal Aviation Administration's annual controller 
     workforce plan,
       (2) the Administration's facility-by-facility authorized 
     staffing ranges, and
       (3) any report of air traffic controller staffing levels 
     submitted to the Congress,
     the Administrator may not consider an individual to be an air 
     traffic controller unless that individual is a certified 
     professional controller.

     SEC. 326. SEMIANNUAL REPORT ON STATUS OF GREENER SKIES 
                   PROJECT.

       (a) Initial Report.--Not later than 180 days after the date 
     of the enactment of this Act, the Administrator shall submit 
     to Congress a report on the strategy of the Administrator for 
     implementing, on an accelerated basis, the NextGen 
     operational capabilities produced by the Greener

[[Page 5048]]

     Skies project, as recommended in the final report of the RTCA 
     NextGen Mid-Term Implementation Task Force that was issued on 
     September 9, 2009.
       (b) Subsequent Reports.--
       (1) In general.--Not later than 180 days after the 
     Administrator submits to Congress the report required by 
     subsection (a) and not less frequently than once every 180 
     days thereafter until September 30, 2011, the Administrator 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the progress of the Administrator 
     in carrying out the strategy described in the report 
     submitted under subsection (a).
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) A timeline for full implementation of the strategy 
     described in the report submitted under subsection (a).
       (B) A description of the progress made in carrying out such 
     strategy.
       (C) A description of the challenges, if any, encountered by 
     the Administrator in carrying out such strategy.

     SEC. 327. DEFINITIONS.

       In this title:
       (1) Administration.--The term ``Administration'' means the 
     Federal Aviation Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (3) NextGen.--The term ``NextGen'' means the Next 
     Generation Air Transportation System.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

     SEC. 328. FINANCIAL INCENTIVES FOR NEXTGEN EQUIPAGE.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration may enter into agreements to fund the costs of 
     equipping aircraft with communications, surveillance, 
     navigation, and other avionics to enable NextGen air traffic 
     control capabilities.
       (b) Funding Instrument.--The Administrator may make grants 
     or other instruments authorized under section 106(l)(6) of 
     title 49, United States Code, to carry out subsection (a).

 TITLE IV--AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE IMPROVEMENTS

                    SUBTITLE A--CONSUMER PROTECTION

     SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT.

       (a) In General.--Chapter 417 is amended by adding at the 
     end the following:

               ``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE

     ``Sec. 41781. Air carrier and airport contingency plans for 
       long on-board tarmac delays

       ``(a) Definition of Tarmac Delay.--The term `tarmac delay' 
     means the holding of an aircraft on the ground before taking 
     off or after landing with no opportunity for its passengers 
     to deplane.
       ``(b) Submission of Air Carrier and Airport Plans.--Not 
     later than 60 days after the date of the enactment of the FAA 
     Air Transportation Modernization and Safety Improvement Act, 
     each air carrier and airport operator shall submit, in 
     accordance with the requirements under this section, a 
     proposed contingency plan to the Secretary of Transportation 
     for review and approval.
       ``(c) Minimum Standards.--The Secretary of Transportation 
     shall establish minimum standards for elements in contingency 
     plans required to be submitted under this section to ensure 
     that such plans effectively address long on-board tarmac 
     delays and provide for the health and safety of passengers 
     and crew.
       ``(d) Air Carrier Plans.--The plan shall require each air 
     carrier to implement at a minimum the following:
       ``(1) Provision of essential services.--Each air carrier 
     shall provide for the essential needs of passengers on board 
     an aircraft at an airport in any case in which the departure 
     of a flight is delayed or disembarkation of passengers on an 
     arriving flight that has landed is substantially delayed, 
     including--
       ``(A) adequate food and potable water;
       ``(B) adequate restroom facilities;
       ``(C) cabin ventilation and comfortable cabin temperatures; 
     and
       ``(D) access to necessary medical treatment.
       ``(2) Right to deplane.--
       ``(A) In general.--Each air carrier shall submit a proposed 
     contingency plan to the Secretary of Transportation that 
     identifies a clear time frame under which passengers would be 
     permitted to deplane a delayed aircraft. After the Secretary 
     has reviewed and approved the proposed plan, the air carrier 
     shall make the plan available to the public.
       ``(B) Delays.--
       ``(i) In general.--As part of the plan, except as provided 
     under clause (iii), an air carrier shall provide passengers 
     with the option of deplaning and returning to the terminal at 
     which such deplaning could be safely completed, or deplaning 
     at the terminal if--

       ``(I) 3 hours have elapsed after passengers have boarded 
     the aircraft, the aircraft doors are closed, and the aircraft 
     has not departed; or
       ``(II) 3 hours have elapsed after the aircraft has landed 
     and the passengers on the aircraft have been unable to 
     deplane.

       ``(ii) Frequency.--The option described in clause (i) shall 
     be offered to passengers at a minimum not less often than 
     once during each successive 3-hour period that the plane 
     remains on the ground.
       ``(iii) Exceptions.--This subparagraph shall not apply if--

       ``(I) the pilot of such aircraft reasonably determines that 
     the aircraft will depart or be unloaded at the terminal not 
     later than 30 minutes after the 3 hour delay; or
       ``(II) the pilot of such aircraft reasonably determines 
     that permitting a passenger to deplane would jeopardize 
     passenger safety or security.

       ``(C) Application to diverted flights.--This section 
     applies to aircraft without regard to whether they have been 
     diverted to an airport other than the original destination.
       ``(D) Reports.--Not later than 30 days after any flight 
     experiences a tarmac delay lasting at least 3 hours, the air 
     carrier responsible for such flight shall submit a written 
     description of the incident and its resolution to the 
     Aviation Consumer Protection Office of the Department of 
     Transportation.
       ``(e) Airport Plans.--Each airport operator shall submit a 
     proposed contingency plan under subsection (b) that contains 
     a description of--
       ``(1) how the airport operator will provide for the 
     deplanement of passengers following a long tarmac delay; and
       ``(2) how, to the maximum extent practicable, the airport 
     operator will provide for the sharing of facilities and make 
     gates available at the airport for use by aircraft 
     experiencing such delays.
       ``(f) Updates.--The Secretary shall require periodic 
     reviews and updates of the plans as necessary.
       ``(g) Approval.--
       ``(1) In general.--Not later than 6 months after the date 
     of the enactment of this section, the Secretary of 
     Transportation shall--
       ``(A) review the initial contingency plans submitted under 
     subsection (b); and
       ``(B) approve plans that closely adhere to the standards 
     described in subsections (d) or (e), whichever is applicable.
       ``(2) Updates.--Not later than 60 days after the submission 
     of an update under subsection (f) or an initial contingency 
     plan by a new air carrier or airport, the Secretary shall--
       ``(A) review the plan; and
       ``(B) approve the plan if it closely adheres to the 
     standards described in subsections (d) or (e), whichever is 
     applicable.
       ``(h) Civil Penalties.--The Secretary may assess a civil 
     penalty under section 46301 against any air carrier or 
     airport operator that does not submit, obtain approval of, or 
     adhere to a contingency plan submitted under this section.
       ``(i) Public Access.--Each air carrier and airport operator 
     required to submit a contingency plan under this section 
     shall ensure public access to an approved plan under this 
     section by--
       ``(1) including the plan on the Internet Web site of the 
     carrier or airport; or
       ``(2) disseminating the plan by other means, as determined 
     by the Secretary.

     ``Sec. 41782. Air passenger complaints hotline and 
       information

       ``(a) Air Passenger Complaints Hotline Telephone Number.--
     The Secretary of Transportation shall establish a consumer 
     complaints hotline telephone number for the use of air 
     passengers.
       ``(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

[[Page 5049]]

     on time (as such term is defined in section 234.2 of title 
     14, Code of Federal Regulations) at least 40 percent of the 
     time during the most recent 3-month period for which data is 
     available.
       ``(B) Chronically canceled flight.--The term `chronically 
     canceled flight' means a regularly scheduled flight at least 
     30 percent of the departures of which have been canceled 
     during the most recent 3-month period for which data is 
     available.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT 
                   INVESTIGATIONS.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary of Transportation shall 
     investigate consumer complaints regarding--
       (1) flight cancellations;
       (2) compliance with Federal regulations concerning 
     overbooking seats flights;
       (3) lost, damaged, or delayed baggage, and difficulties 
     with related airline claims procedures;
       (4) problems in obtaining refunds for unused or lost 
     tickets or fare adjustments;
       (5) incorrect or incomplete information about fares, 
     discount fare conditions and availability, overcharges, and 
     fare increases;
       (6) the rights of passengers who hold frequent flier miles, 
     or equivalent redeemable awards earned through customer-
     loyalty programs; and
       (7) deceptive or misleading advertising.
       (b) Budget Needs Report.--The Secretary shall provide, as 
     an annex to its annual budget request, an estimate of 
     resources which would have been sufficient to investigate all 
     such claims the Department of Transportation received in the 
     previous fiscal year. The annex shall be transmitted to the 
     Congress when the President submits the budget of the United 
     States to the Congress under section 1105 of title 31, United 
     States Code.

     SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION 
                   CONSUMER PROTECTION.

       (a) In General.--The Secretary of Transportation shall 
     establish an advisory committee for aviation consumer 
     protection to advise the Secretary in carrying out airline 
     customer service improvements, including those required by 
     subchapter IV of chapter 417 of title 49, United States Code.
       (b) Membership.--The Secretary shall appoint members of the 
     advisory committee comprised of one representative each of--
       (1) air carriers;
       (2) airport operators;
       (3) State or local governments who has expertise in 
     consumer protection matters; and
       (4) a nonprofit public interest group who has expertise in 
     consumer protection matters.
       (c) Vacancies.--A vacancy in the advisory committee shall 
     be filled in the manner in which the original appointment was 
     made.
       (d) Travel Expenses.--Members of the advisory committee 
     shall serve without pay but shall receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     subchapter I of chapter 57 of title 5, United States Code.
       (e) Chairperson.--The Secretary shall designate, from among 
     the individuals appointed under subsection (b), an individual 
     to serve as chairperson of the advisory committee.
       (f) Duties.--The duties of the advisory committee shall 
     include--
       (1) evaluating existing aviation consumer protection 
     programs and providing recommendations for the improvement of 
     such programs, if needed; and
       (2) providing recommendations to establish additional 
     aviation consumer protection programs, if needed.
       (g) Report.--Not later than February 1 of each of the first 
     2 calendar years beginning after the date of enactment of 
     this Act, the Secretary shall transmit to Congress a report 
     containing--
       (1) the recommendations made by the advisory committee 
     during the preceding calendar year; and
       (2) an explanation of how the Secretary has implemented 
     each recommendation and, for each recommendation not 
     implemented, the Secretary's reason for not implementing the 
     recommendation.

     SEC. 405. DISCLOSURE OF PASSENGER FEES.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     complete a rulemaking that requires each air carrier 
     operating in the United States under part 121 of title 49, 
     Code of Federal Regulations, to make available to the public 
     and to the Secretary a list of all passenger fees and charges 
     (other than airfare) that may be imposed by the air carrier, 
     including fees for--
       (1) checked baggage or oversized or heavy baggage;
       (2) meals, beverages, or other refreshments;
       (3) seats in exit rows, seats with additional space, or 
     other preferred seats in any given class of travel;
       (4) purchasing tickets from an airline ticket agent or a 
     travel agency; or
       (5) any other good, service, or amenity provided by the air 
     carrier, as required by the Secretary.
       (b) Publication; Updates.--In order to ensure that the fee 
     information required by subsection (a) is both current and 
     widely available to the travelling public, the Secretary--
       (1) may require an air carrier to make such information on 
     any public website maintained by an air carrier, to make such 
     information available to travel agencies, and to notify 
     passengers of the availability of such information when 
     advertising airfares; and
       (2) shall require air carriers to update the information as 
     necessary, but no less frequently than every 90 days unless 
     there has been no increase in the amount or type of fees 
     shown in the most recent publication.

     SEC. 406. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR 
                   TICKETS SOLD FOR AIR TRANSPORTATION.

       Section 41712 is amended by adding at the end the 
     following:
       ``(c) Disclosure Requirement for Sellers of Tickets for 
     Flights.--
       ``(1) In general.--It shall be an unfair or deceptive 
     practice under subsection (a) for any ticket agent, air 
     carrier, foreign air carrier, or other person offering to 
     sell tickets for air transportation on a flight of an air 
     carrier to not disclose, whether verbally in oral 
     communication or in writing in written or electronic 
     communication, prior to the purchase of a ticket--
       ``(A) the name (including any business or corporate name) 
     of the air carrier providing the air transportation; and
       ``(B) if the flight has more than one flight segment, the 
     name of each air carrier providing the air transportation for 
     each such flight segment.
       ``(2) Internet offers.--In the case of an offer to sell 
     tickets described in paragraph (1) on an Internet Web site, 
     disclosure of the information required by paragraph (1) shall 
     be provided on the first display of the Web site following a 
     search of a requested itinerary in a format that is easily 
     visible to a viewer.''.

     SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT TO THE SALE 
                   OF AIRLINE TICKETS.

       (a) In General.--The Office of Aviation Consumer Protection 
     and Enforcement of the Department of Transportation shall 
     establish rules to ensure that all consumers are able to 
     easily and fairly compare airfares and charges paid when 
     purchasing tickets for air transportation, including all 
     taxes and fees.
       (b) Notice of Taxes and Fees Applicable to Tickets for Air 
     Transportation.--Section 41712, as amended by this Act, is 
     further amended by adding at the end the following:
       ``(d) Notice of Taxes and Fees Applicable to Tickets for 
     Air Transportation.--
       ``(1) In general.--It shall be an unfair or deceptive 
     practice under subsection (a) for an air carrier, foreign air 
     carrier, or ticket agent to sell a ticket for air 
     transportation on the Internet unless the air carrier, 
     foreign air carrier, or ticket agent, as the case may be--
       ``(A) displays information with respect to the taxes and 
     fees described in paragraph (2), including the amount and a 
     description of each such tax or fee, in reasonable proximity 
     to the price listed for the ticket; and
       ``(B) provides to the purchaser of the ticket information 
     with respect to the taxes and fees described in paragraph 
     (2), including the amount and a description of each such tax 
     or fee, before requiring the purchaser to provide any 
     personal information, including the name, address, phone 
     number, e-mail address, or credit card information of the 
     purchaser.
       ``(2) Taxes and fees described.--The taxes and fees 
     described in this paragraph are all taxes, fees, and charges 
     applicable to a ticket for air transportation, consisting 
     of--
       ``(A) all taxes, fees, charges, and surcharges included in 
     the price paid by a purchaser for the ticket, including fuel 
     surcharges and surcharges relating to peak or holiday travel; 
     and
       ``(B) any fees for baggage, seating assignments; and
       ``(C) operational services that are charged when the ticket 
     is purchased.''.
       (c) Regulations.--The Secretary of Transportation, in 
     consultation with the Administrator of the Federal Aviation 
     Administration, shall prescribe such regulations as may be 
     necessary to carry out subsection (d) of section 41712 of 
     title 49, United States Code, as added by subsection (b) of 
     this section.

          SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

     SEC. 411. EAS CONNECTIVITY PROGRAM.

       Section 406(a) of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 40101 note) is amended by 
     striking ``may'' and inserting ``shall''.

     SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE 
                   ADJUSTMENT ELIGIBILITY.

       Section 409(d) of the Vision 100--Century of Aviation 
     Reauthorization Act (49 U.S.C. 41731 note) is amended by 
     striking ``September 30, 2010.'' and inserting ``September 
     30, 2013.''.

     SEC. 413. EAS CONTRACT GUIDELINES.

       Section 41737(a)(1) is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (B);
       (2) by striking ``provided.'' in subparagraph (C) and 
     inserting ``provided;''; and
       (3) by adding at the end the following:
       ``(D) include provisions under which the Secretary may 
     encourage carriers to improve air service to small and rural 
     communities by incorporating financial incentives in 
     essential air service contracts based on specified 
     performance goals; and
       ``(E) include provisions under which the Secretary may 
     execute long-term essential air service contracts to 
     encourage carriers to provide air service to small and rural 
     communities where it would be in the public interest to do 
     so.''.

     SEC. 414. CONVERSION OF FORMER EAS AIRPORTS.

       (a) In General.--Section 41745 is amended to read as 
     follows:

[[Page 5050]]



     ``Sec. 41745. Conversion of lost eligibility airports

       ``(a) In General.--The Secretary shall establish a program 
     to provide general aviation conversion funding for airports 
     serving eligible places that the Secretary has determined no 
     longer qualify for a subsidy.
       ``(b) Grants.--A grant under this section--
       ``(1) may not exceed twice the compensation paid to provide 
     essential air service to the airport in the fiscal year 
     preceeding the fiscal year in which the Secretary determines 
     that the place served by the airport is no longer an eligible 
     place; and
       ``(2) may be used--
       ``(A) for airport development (as defined in section 
     47102(3)) that will enhance general aviation capacity at the 
     airport;
       ``(B) to defray operating expenses, if such use is approved 
     by the Secretary; or
       ``(C) to develop innovative air service options, such as 
     on-demand or air taxi operations, if such use is approved by 
     the Secretary.
       ``(c) AIP Requirements.--An airport sponsor that uses funds 
     provided under this section for an airport development 
     project shall comply with the requirements of subchapter I of 
     chapter 471 applicable to airport development projects funded 
     under that subchapter with respect to the project funded 
     under this section.
       ``(d) Limitation.--The sponsor of an airport receiving 
     funding under this section is not eligible for funding under 
     section 41736.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     417 is amended by striking the item relating to section 41745 
     and inserting the following:

``417454. Conversion of lost eligibility airports.''.

     SEC. 415. EAS REFORM.

       Section 41742(a) is amended--
       (1) by adding at the end of paragraph (1) ``Any amount in 
     excess of $50,000,000 credited for any fiscal year to the 
     account established under section 45303(c) shall be obligated 
     for programs under section 406 of the Vision 100--Century of 
     Aviation Reauthorization Act (49 U.S.C. 40101 note) and 
     section 41745 of this title. Amounts appropriated pursuant to 
     this section shall remain available until expended.''; and
       (2) by striking ``$77,000,000'' in paragraph (2) and 
     inserting ``$150,000,000''.

     SEC. 416. SMALL COMMUNITY AIR SERVICE.

       (a) Priorities.--Section 41743(c)(5) is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (D);
       (2) by striking ``fashion.'' in subparagraph (E) and 
     inserting ``fashion; and''; and
       (3) by adding at the end the following:
       ``(F) multiple communities cooperate to submit a region or 
     multistate application to improve air service.''.
       (b) Extension of Authorization.--Section 41743(e)(2) is 
     amended--
       (1) by striking ``is appropriated'' and inserting ``are 
     appropriated''; and
       (2) by striking ``2009'' and inserting ``2011''.

     SEC. 417. EAS MARKETING.

       The Secretary of Transportation shall require all 
     applications to provide service under subchapter II of 
     chapter 417 of title 49, United States Code, include a 
     marketing plan.

     SEC. 418. RURAL AVIATION IMPROVEMENT.

       (a) Communities Above Per Passenger Subsidy Cap.--
       (1) In general.--Subchapter II of chapter 417 is amended by 
     adding at the end the following:

     ``41749. Essential air service for eligible places above per 
       passenger subsidy cap

       ``(a) Proposals.--A State or local government may submit a 
     proposal to the Secretary of Transportation for compensation 
     for an air carrier to provide air transportation to a place 
     described in subsection (b).
       ``(b) Place Described.--A place described in this 
     subsection is a place--
       ``(1) that is otherwise an eligible place; and
       ``(2) for which the per passenger subsidy exceeds the 
     dollar amount allowable under this subchapter.
       ``(c) Decisions.--Not later than 90 days after receiving a 
     proposal under subsection (a) for compensation for an air 
     carrier to provide air transportation to a place described in 
     subsection (b), the Secretary shall--
       ``(1) decide whether to provide compensation for the air 
     carrier to provide air transportation to the place; and
       ``(2) approve the proposal if the State or local government 
     or a person is willing and able to pay the difference 
     between--
       ``(A) the per passenger subsidy; and
       ``(B) the dollar amount allowable for such subsidy under 
     this subchapter.
       ``(d) Compensation Payments.--
       ``(1) In general.--The Secretary shall pay compensation 
     under this section at such time and in such manner as the 
     Secretary determines is appropriate.
       ``(2) Duration of payments.--The Secretary shall continue 
     to pay compensation under this section only as long as--
       ``(A) the State or local government or person agreeing to 
     pay compensation under subsection (c)(2) continues to pay 
     such compensation; and
       ``(B) the Secretary decides the compensation is necessary 
     to maintain air transportation to the place.
       ``(e) Review.--
       ``(1) In general.--The Secretary shall periodically review 
     the type and level of air service provided under this 
     section.
       ``(2) Consultation.--The Secretary may make appropriate 
     adjustments in the type and level of air service to a place 
     under this section based on the review under paragraph (1) 
     and consultation with the affected community and the State or 
     local government or person agreeing to pay compensation under 
     subsection (c)(2).
       ``(f) Ending, Suspending, and Reducing Air 
     Transportation.--An air carrier providing air transportation 
     to a place under this section may end, suspend, or reduce 
     such air transportation if, not later than 30 days before 
     ending, suspending, or reducing such air transportation, the 
     air carrier provides notice of the intent of the air carrier 
     to end, suspend, or reduce such air transportation to--
       ``(1) the Secretary;
       ``(2) the affected community; and
       ``(3) the State or local government or person agreeing to 
     pay compensation under subsection (c)(2).''.
       (2) Clerical amendment.--The table of contents for chapter 
     417 is amended by adding after the item relating to section 
     41748 the following new item:

``41749. Essential air service for eligible places above per passenger 
              subsidy cap''.

       (b) Preferred Essential Air Service.--
       (1) In general.--Subchapter II of chapter 417, as amended 
     by subsection (a), is further amended by adding after section 
     41749 the following:

     ``41750. Preferred essential air service

       ``(a) Proposals.--A State or local government may submit a 
     proposal to the Secretary of Transportation for compensation 
     for a preferred air carrier described in subsection (b) to 
     provide air transportation to an eligible place.
       ``(b) Preferred Air Carrier Described.--A preferred air 
     carrier described in this subsection is an air carrier that--
       ``(1) submits an application under section 41733(c) to 
     provide air transportation to an eligible place;
       ``(2) is not the air carrier that submits the lowest cost 
     bid to provide air transportation to the eligible place; and
       ``(3) is an air carrier that the affected community prefers 
     to provide air transportation to the eligible place instead 
     of the air carrier that submits the lowest cost bid.
       ``(c) Decisions.--Not later than 90 days after receiving a 
     proposal under subsection (a) for compensation for a 
     preferred air carrier described in subsection (b) to provide 
     air transportation to an eligible place, the Secretary 
     shall--
       ``(1) decide whether to provide compensation for the 
     preferred air carrier to provide air transportation to the 
     eligible place; and
       ``(2) approve the proposal if the State or local government 
     or a person is willing and able to pay the difference 
     between--
       ``(A) the rate of compensation the Secretary would provide 
     to the air carrier that submits the lowest cost bid to 
     provide air transportation to the eligible place; and
       ``(B) the rate of compensation the preferred air carrier 
     estimates to be necessary to provide air transportation to 
     the eligible place.
       ``(d) Compensation Payments.--
       ``(1) In general.--The Secretary shall pay compensation 
     under this section at such time and in such manner as the 
     Secretary determines is appropriate.
       ``(2) Duration of payments.--The Secretary shall continue 
     to pay compensation under this section only as long as--
       ``(A) the State or local government or person agreeing to 
     pay compensation under subsection (c)(2) continues to pay 
     such compensation; and
       ``(B) the Secretary decides the compensation is necessary 
     to maintain air transportation to the eligible place.
       ``(e) Review.--
       ``(1) In general.--The Secretary shall periodically review 
     the type and level of air service provided under this 
     section.
       ``(2) Consultation.--The Secretary may make appropriate 
     adjustments in the type and level of air service to an 
     eligible place under this section based on the review under 
     paragraph (1) and consultation with the affected community 
     and the State or local government or person agreeing to pay 
     compensation under subsection (c)(2).
       ``(f) Ending, Suspending, and Reducing Air 
     Transportation.--A preferred air carrier providing air 
     transportation to an eligible place 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

[[Page 5051]]

     paragraph (1) does not exceed the per passenger subsidy cap 
     provided under this subchapter, the Secretary shall issue an 
     order restoring the eligibility of the otherwise eligible 
     place to receive basic essential air service by an air 
     carrier for compensation under subsection (c).''.
       (d) Office of Rural Aviation.--
       (1) Establishment.--There is established within the Office 
     of the Secretary of Transportation the Office of Rural 
     Aviation.
       (e) Functions.--The functions of the Office are--
       (1) to develop a uniform 4-year contract for air carriers 
     providing essential air service to communities under 
     subchapter II of chapter 417 of title 49, United States Code;
       (2) to develop a mechanism for comparing applications 
     submitted by air carriers under section 41733(c) to provide 
     essential air service to communities, including comparing--
       (A) estimates from air carriers on--
       (i) the cost of providing essential air service; and
       (ii) the revenues air carriers expect to receive when 
     providing essential air service; and
       (B) estimated schedules for air transportation; and
       (3) to select an air carrier from among air carriers 
     applying to provide essential air service, based on the 
     criteria described in paragraph (2).
       (f) Extension of Authority To Make Agreements under the 
     Essential Air Service Program.--Section 41743(e)(2) is 
     amended by striking ``2009'' and inserting ``2011''.
       (g) Adjustments To Compensation for Significantly Increased 
     Costs.--Section 41737 is amended by adding at the end thereof 
     the following:
       ``(f) Fuel Cost Subsidy Disregard.--Any amount provided as 
     an adjustment in compensation pursuant to subsection 
     (a)(1)(D) shall be disregarded for the purpose of determining 
     whether the amount of compensation provided under this 
     subchapter with respect to an eligible place exceeds the per 
     passenger subsidy exceeds the dollar amount allowable under 
     this subchapter.''.

     SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION 
                   PROGRAM.

       (a) In General.--Subchapter II of chapter 417 of title 49, 
     United States Code, is amended by striking section 41747, and 
     such title 49 shall be applied as if such section 41747 had 
     not been enacted.
       (b) Clerical Amendment.--The table of sections for chapter 
     417 of title 49, United States Code, is amended by striking 
     the item relating to section 41747.

                       SUBTITLE C--MISCELLANEOUS

     SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

       (a) In General.--Section 47129 is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 47129. Resolution of airport-air carrier and foreign 
       air carrier disputes concerning airport fees''

        ;
       (2) by inserting ``and Foreign Air Carrier'' after 
     ``Carrier''  in the heading for subsection (d);
       (3) by inserting ``and foreign air carrier'' after 
     ``Carrier'' in the heading for subsection (d)(2);
       (4) by striking ``air carrier'' each place it appears and 
     inserting ``air carrier or foreign air carrier'';
       (5) by striking ``air carrier's'' each place it appears and 
     inserting ``air carrier's or foreign air carrier's'';
       (6) by striking ``air carriers'' and inserting ``air 
     carriers or foreign air carriers''; and
       (7) by striking ``(as defined in section 40102 of this 
     title)'' in subsection (a) and inserting ``(as those terms 
     are defined in section 40102 of this title)''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 471 is amended by striking the item relating to 
     section 47129 and inserting the following:

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

     SEC. 432. CONTRACT TOWER PROGRAM.

       (a) Cost-Benefit Requirement.--Section 47124(b)(1) is 
     amended--
       (1) by inserting ``(A)'' after ``(1)''; and
       (2) by adding at the end the following:
       ``(B) If the Secretary determines that a tower already 
     operating under this program has a benefit to cost ratio of 
     less than 1.0, the airport sponsor or State or local 
     government having jurisdiction over the airport shall not be 
     required to pay the portion of the costs that exceeds the 
     benefit for a period of 18 months after such determination is 
     made.
       ``(C) If the Secretary finds that all or part of an amount 
     made available to carry out the program continued under this 
     paragraph is not required during a fiscal year, the Secretary 
     may use during such fiscal year the amount not so required to 
     carry out the program established under paragraph (3) of this 
     section.''.
       (b) Costs Exceeding Benefits.--Subparagraph (D) of section 
     47124(b)(3) is amended--
       (1) by striking ``benefit.'' and inserting ``benefit, with 
     the maximum allowable local cost share for FAA Part 139 
     certified airports capped at 20 percent for those airports 
     with fewer than 50,000 annual passenger enplanements.''.
       (c) Funding.--Subparagraph (E) of section 47124(b)(3) is 
     amended--
       (1) by striking ``and'' after ``2006,''; and
       (2) by striking ``2007'' and inserting ``2007, $9,500,000 
     for fiscal year 2010, and $10,000,000 for fiscal year 2011'' 
     after ``2007,''; and
       (3) by inserting after ``paragraph.'' the following: ``If 
     the Secretary finds that all or part of an amount made 
     available under this subparagraph is not required during a 
     fiscal year to carry out this paragraph, the Secretary may 
     use during such fiscal year the amount not so required to 
     carry out the program continued under subsection (b)(1) of 
     this section.''.
       (d) Federal Share.--Subparagraph (C) of section 47124(b)(4) 
     is amended by striking ``$1,500,000.'' and inserting 
     ``$2,000,000.''.
       (e) Safety Audits.--Section 41724 is amended by adding at 
     the end the following:
       ``(c)  Safety Audits.--The Secretary shall establish 
     uniform standards and requirements for safety assessments of 
     air traffic control towers that receive funding under this 
     section in accordance with the Administration's safety 
     management system.''.

     SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED FORCES.

       (a) Findings.--The Congress finds that--
       (1) the Armed Forces is comprised of approximately 
     1,450,000 members who are stationed on active duty at more 
     than 6,000 military bases in 146 different countries;
       (2) the United States is indebted to the members of the 
     Armed Forces, many of whom are in grave danger due to their 
     engagement in, or exposure to, combat;
       (3) military service, especially in the current war against 
     terrorism, often requires members of the Armed Forces to be 
     separated from their families on short notice, for long 
     periods of time, and under very stressful conditions;
       (4) the unique demands of military service often preclude 
     members of the Armed Forces from purchasing discounted 
     advance airline tickets in order to visit their loved ones at 
     home; and
       (5) it is the patriotic duty of the people of the United 
     States to support the members of the Armed Forces who are 
     defending the Nation's interests around the world at great 
     personal sacrifice.
       (b) Sense of Congress.--It is the sense of Congress that 
     each United States air carrier should--
       (1) establish for all members of the Armed Forces on active 
     duty reduced air fares that are comparable to the lowest 
     airfare for ticketed flights; and
       (2) offer flexible terms that allow members of the Armed 
     Forces on active duty to purchase, modify, or cancel tickets 
     without time restrictions, fees (including baggage fees), 
     ancillary costs, or penalties.

     SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN THE LAS 
                   VEGAS MCCARRAN INTERNATIONAL AIRPORT ENVIRONS 
                   OVERLAY DISTRICT FOR TRANSIENT LODGING AND 
                   ASSOCIATED FACILITIES.

       (a) In General.--Notwithstanding any other provision of law 
     and except as provided in subsection (b), Clark County, 
     Nevada, is authorized to permit transient lodging, including 
     hotels, and associated facilities, including enclosed 
     auditoriums, concert halls, sports arenas, and places of 
     public assembly, on lands in the Las Vegas McCarran 
     International Airport Environs Overlay District that fall 
     below the forecasted 2017 65 dB day-night annual average 
     noise level (DNL), as identified in the Noise Exposure Map 
     Notice published by the Federal Aviation Administration in 
     the Federal Register on July 24, 2007 (72 Fed. Reg. 40357), 
     and adopted into the Clark County Development Code in June 
     2008.
       (b) Limitation.--No structure may be permitted under 
     subsection (a) that would constitute a hazard to air 
     navigation, result in an increase to minimum flight 
     altitudes, or otherwise pose a significant adverse impact on 
     airport or aircraft operations.

                            TITLE V--SAFETY

                      SUBTITLE A--AVIATION SAFETY

     SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN.

       Not later than December 31, 2009, the Administrator of the 
     Federal Aviation Administration shall issue a plan to develop 
     an installation and deployment schedule for systems the 
     Administration is installing to alert controllers and flight 
     crews to potential runway incursions. The plan shall be 
     integrated into the annual Federal Aviation Administration 
     NextGen Implementation Plan.

     SEC. 502. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.

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

     SEC. 503. RELEASE OF DATA RELATING TO ABANDONED TYPE 
                   CERTIFICATES AND SUPPLEMENTAL TYPE 
                   CERTIFICATES.

       Section 44704(a) is amended by adding at the end the 
     following:
       ``(5) Release of data.--
       ``(A) Notwithstanding any other provision of law, the 
     Administrator may designate, without the consent of the owner 
     of record, engineering data in the agency's possession 
     related to a type

[[Page 5052]]

     certificate or a supplemental type certificate for an 
     aircraft, engine, propeller or appliance as public data, and 
     therefore releasable, upon request, to a person seeking to 
     maintain the airworthiness of such product, if the 
     Administrator determines that--
       ``(i) the certificate containing the requested data has 
     been inactive for 3 years;
       ``(ii) the owner of record, or the owner of record's heir, 
     of the type certificate or supplemental certificate has not 
     been located despite a search of due diligence by the agency; 
     and
       ``(iii) the designation of such data as public data will 
     enhance aviation safety.
       ``(B) In this section, the term `engineering data' means 
     type design drawings and specifications for the entire 
     product or change to the product, including the original 
     design data, and any associated supplier data for individual 
     parts or components approved as part of the particular 
     aeronautical product certificate.''.

     SEC. 504. DESIGN ORGANIZATION CERTIFICATES.

       Section 44704(e) is amended--
       (1) by striking ``Beginning 7 years after the date of 
     enactment of this subsection,'' in paragraph (1) and 
     inserting ``Effective January 1, 2013,'';
       (2) by striking ``testing'' in paragraph (2) and inserting 
     ``production''; and
       (3) by striking paragraph (3) and inserting the following:
       ``(3) Issuance of certificate based on design organization 
     certification.--The Administrator may rely on the Design 
     Organization for certification of compliance under this 
     section.''.

     SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR DATABASE 
                   SYSTEMS.

       (a) In General.--Chapter 401 is amended by adding at the 
     end thereof the following:

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

       ``(a) Access to Records or Databases Systems.--
       ``(1) Notwithstanding section 534 of title 28 and the 
     implementing regulations for such section (28 C.F.R. part 
     20), the Administrator of the Federal Aviation Administration 
     is authorized to access a system of documented criminal 
     justice information maintained by the Department of Justice 
     or by a State but may do so only for the purpose of carrying 
     out its civil and administrative responsibilities to protect 
     the safety and security of the National Airspace System or to 
     support the missions of the Department of Justice, the 
     Department of Homeland Security, and other law enforcement 
     agencies. The Administrator shall be subject to the same 
     conditions or procedures established by the Department of 
     Justice or State for access to such an information system by 
     other governmental agencies with access to the system.
       ``(2) The Administrator may not use the access authorized 
     under paragraph (1) to conduct criminal investigations.
       ``(b) Designated Employees.--The Administrator shall, by 
     order, designate those employees of the Administration who 
     shall carry out the authority described in subsection (a). 
     Such designated employees may--
       ``(1) have access to and receive criminal history, driver, 
     vehicle, and other law enforcement information contained in 
     the law enforcement databases of the Department of Justice, 
     or of any jurisdiction in a State in the same manner as a 
     police officer employed by a State or local authority of that 
     State who is certified or commissioned under the laws of that 
     State;
       ``(2) use any radio, data link, or warning system of the 
     Federal Government and of any jurisdiction in a State that 
     provides information about wanted persons, be-on-the-lookout 
     notices, or warrant status or other officer safety 
     information to which a police officer employed by a State or 
     local authority in that State who is certified or commission 
     under the laws of that State has access and in the same 
     manner as such police officer; or
       ``(3) receive Federal, State, or local government 
     communications with a police officer employed by a State or 
     local authority in that State in the same manner as a police 
     officer employed by a State or local authority in that State 
     who is commissioned under the laws of that State.
       ``(c) System of Documented Criminal Justice Information 
     Defined.--In this section the term `system of documented 
     criminal justice information' means any law enforcement 
     databases, systems, or communications containing information 
     concerning identification, criminal history, arrests, 
     convictions, arrest warrants, or wanted or missing persons, 
     including the National Crime Information Center and its 
     incorporated criminal history databases and the National Law 
     Enforcement Telecommunications System.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 401 is amended by inserting after the item relating 
     to section 40129 the following:

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

     SEC. 506. PILOT FATIGUE.

       (a) Flight and Duty Time Regulations.--
       (1) In general.--In accordance with paragraph (2), the 
     Administrator of the Federal Aviation Administration shall 
     issue regulations, based on the best available scientific 
     information--
       (A) to specify limitations on the hours of flight and duty 
     time allowed for pilots to address problems relating to pilot 
     fatigue; and
       (B) to require part 121 air carriers to develop and 
     implement fatigue risk management plans.
       (2) Deadlines.--The Administrator shall issue--
       (A) not later than 180 days after the date of enactment of 
     this Act, a notice of proposed rulemaking under paragraph 
     (1); and
       (B) not later than one year after the date of enactment of 
     this Act, a final rule under paragraph (1).
       (b) Fatigue Risk Management Plan.--
       (1) Submission of fatigue risk management plan by part 121 
     air carriers.--Not later than 90 days after the date of 
     enactment of this Act, each part 121 air carrier shall submit 
     to the Administrator for review and approval a fatigue risk 
     management plan.
       (2) Contents of plan.--A fatigue risk management plan 
     submitted by a part 121 air carrier under paragraph (1) shall 
     include the following:
       (A) Current flight time and duty period limitations.
       (B) A rest scheme that enables the management of fatigue, 
     including annual training to increase awareness of--
       (i) fatigue;
       (ii) the effects of fatigue on pilots; and
       (iii) fatigue countermeasures.
       (C) Development and use of a methodology that continually 
     assesses the effectiveness of the program, including the 
     ability of the program--
       (i) to improve alertness; and
       (ii) to mitigate performance errors.
       (3) Plan updates.--A part 121 air carrier shall update its 
     fatigue risk management plan under paragraph (1) every 2 
     years and submit the update to the Administrator for review 
     and approval.
       (4) Approval.--
       (A) Initial approval or modification.--Not later than 9 
     months after the date of enactment of this Act, the 
     Administrator shall review and approve or require 
     modification to fatigue risk management plans submitted under 
     this subsection to ensure that pilots are not operating 
     aircraft while fatigued.
       (B) Update approval or modification.--Not later than 9 
     months after submission of a plan update under paragraph (3), 
     the Administrator shall review and approve or require 
     modification to such update.
       (5) Civil penalties.--A violation of this subsection by a 
     part 121 air carrier shall be treated as a violation of 
     chapter 447 of title 49, United States Code, for purposes of 
     the application of civil penalties under chapter 463 of that 
     title.
       (6) Limitation on applicability.--The requirements of this 
     subsection shall cease to apply to a part 121 air carrier on 
     and after the effective date of the regulations to be issued 
     under subsection (a).
       (c) Effect of Commuting on Fatigue.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall enter into 
     appropriate arrangements with the National Academy of 
     Sciences to conduct a study of the effects of commuting on 
     pilot fatigue and report its findings to the Administrator.
       (2) Study.--In conducting the study, the National Academy 
     of Sciences shall consider--
       (A) the prevalence of pilot commuting in the commercial air 
     carrier industry, including the number and percentage of 
     pilots who commute;
       (B) information relating to commuting by pilots, including 
     distances traveled, time zones crossed, time spent, and 
     methods used;
       (C) research on the impact of commuting on pilot fatigue, 
     sleep, and circadian rhythms;
       (D) commuting policies of commercial air carriers 
     (including passenger and all-cargo air carriers), including 
     pilot check-in requirements and sick leave and fatigue 
     policies;
       (E) post-conference materials from the Federal Aviation 
     Administration's June 2008 symposium entitled ``Aviation 
     Fatigue Management Symposium: Partnerships for Solutions'';
       (F) Federal Aviation Administration and international 
     policies and guidance regarding commuting; and
       (G) any other matters as the Administrator considers 
     appropriate.
       (3) Preliminary findings.--Not later than 90 days after the 
     date of entering into arrangements under paragraph (1), the 
     National Academy of Sciences shall submit to the 
     Administrator its preliminary findings under the study.
       (4) Report.--Not later than 6 months after the date of 
     entering into arrangements under paragraph (1), the National 
     Academy of Sciences shall submit a report to the 
     Administrator containing its findings under the study and any 
     recommendations for regulatory or administrative actions by 
     the Federal Aviation Administration concerning commuting by 
     pilots.
       (5) Rulemaking.--Following receipt of the report of the 
     National Academy of Sciences under paragraph (4), the 
     Administrator shall--
       (A) consider the findings and recommendations in the 
     report; and
       (B) update, as appropriate based on scientific data, 
     regulations required by subsection (a) on flight and duty 
     time.

     SEC. 507. INCREASING SAFETY FOR HELICOPTER AND FIXED WING 
                   EMERGENCY MEDICAL SERVICE OPERATORS AND 
                   PATIENTS.

       (a) Compliance Regulations.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 18 months after the 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

[[Page 5053]]

       (B) the weather reporting requirement at the destination 
     shall not apply until such time as the Administrator of the 
     Federal Aviation Administration determines that portable, 
     reliable, and accurate ground-based weather measuring and 
     reporting systems are available.
       (b) Implementation of Flight Risk Evaluation Program.--
       (1) Initiation.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a rulemaking--
       (A) to create a standardized checklist of risk evaluation 
     factors based on Notice 8000.301, which was issued by the 
     Administration on August 1, 2005; and
       (B) to require helicopter and fixed wing aircraft emergency 
     medical service operators to use the checklist created under 
     subparagraph (A) to determine whether a mission should be 
     accepted.
       (2) Completion.--The rulemaking initiated under paragraph 
     (1) shall be completed not later than 18 months after it is 
     initiated.
       (c) Comprehensive Consistent Flight Dispatch Procedures.--
       (1) Initiation.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a rulemaking--
       (A) to require that helicopter and fixed wing emergency 
     medical service operators formalize and implement performance 
     based flight dispatch and flight-following procedures; and
       (B) to develop a method to assess and ensure that such 
     operators comply with the requirements described in 
     subparagraph (A).
       (2) Completion.--The rulemaking initiated under paragraph 
     (1) shall be completed not later than 18 months after it is 
     initiated.
       (d) Improving Situational Awareness.--Within 1 year after 
     the date of enactment of this Act, any helicopter or fixed-
     wing aircraft used for emergency medical service shall have 
     on board a device that performs the function of a terrain 
     awareness and warning system and a means of displaying that 
     information that meets the requirements of the applicable 
     Federal Aviation Administration Technical Standard Order or 
     other guidance prescribed by the Administrator.
       (e) Improving the Data Available on Air Medical 
     Operations.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall require each certificate holder for 
     helicopters and fixed-wing aircraft used for emergency 
     medical service operations to report not later than 1 year 
     after the date of enactment of this Act and annually 
     thereafter on--
       (A) the number of aircraft and helicopters used to provide 
     air ambulance services, the registration number of each of 
     these aircraft or helicopters, and the base location of each 
     of these aircraft or helicopters;
       (B) the number of flights and hours flown by each such 
     aircraft or helicopter used by the certificate holder to 
     provide such services during the reporting period;
       (C) the number of flights and the purpose of each flight 
     for each aircraft or helicopter used by the certificate 
     holder to provide such services during the reporting period;
       (D) the number of flight requests for a helicopter 
     providing helicopter air ambulance services that were 
     accepted or declined by the certificate holder and the type 
     of each such flight request (such as scene response, inter-
     facility transport, organ transport, or ferry or 
     repositioning flight);
       (E) the number of accidents involving helicopters operated 
     by the certificate holder while providing helicopter air 
     ambulance services and a description of the accidents;
       (F) the number of flights and hours flown under instrument 
     flight rules by helicopters operated by the certificate 
     holder while providing helicopter air ambulance services;
       (G) the time of day of each flight flown by helicopters 
     operated by the certificate holder while providing helicopter 
     air ambulance services; and
       (H) The number of incidents where more helicopters arrive 
     to transport patients than is needed in a flight request or 
     scene response.
       (2) Report to Congress.--The Administrator of the Federal 
     Aviation Administration shall report to Congress on the 
     information received pursuant to paragraph (1) of this 
     subsection no later than 18 months after the date of 
     enactment of this Act.
       (f) Improving the Data Available to NTSB Investigators at 
     Crash Sites.--
       (1) Study.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue a report that indicates 
     the availability, survivability, size, weight, and cost of 
     devices that perform the function of recording voice 
     communications and flight data information on existing and 
     new helicopters and existing and new fixed wing aircraft used 
     for emergency medical service operations.
       (2) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue regulations that require 
     devices that perform the function of recording voice 
     communications and flight data information on board aircraft 
     described in paragraph (1).

     SEC. 508. CABIN CREW COMMUNICATION.

       (a) In General.--Section 44728 is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following:
       ``(f) Minimum Language Skills.--
       ``(1) In general.--No certificate holder may use any person 
     to serve, nor may any person serve, as a flight attendant 
     under this part, unless that person has demonstrated to an 
     individual qualified to determine proficiency the ability to 
     read, speak, and write English well enough to--
       ``(A) read material written in English and comprehend the 
     information;
       ``(B) speak and understand English sufficiently to provide 
     direction to, and understand and answer questions from, 
     English-speaking individuals;
       ``(C) write incident reports and statements and log entries 
     and statements; and
       ``(D) carry out written and oral instructions regarding the 
     proper performance of their duties.
       ``(2) Foreign flights.--The requirements of paragraph (1) 
     do not apply to service as a flight attendant serving solely 
     between points outside the United States.''.
       (b) Administration.--The Administrator of the Federal 
     Aviation Administration shall work with certificate holders 
     to which section 44728(f) of title 49, United States Code, 
     applies to facilitate compliance with the requirements of 
     section 44728(f)(1) of that title.

     SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDERSTANDING WITH 
                   OSHA.

       (a) In General.--Within 6 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall--
       (1) establish milestones, in consultation with the 
     Occupational Safety and Health Administration, through a 
     report to Congress for the completion of work begun under the 
     August 2000 memorandum of understanding between the 2 
     Administrations and to address issues needing further action 
     in the Administrations' joint report in December 2000; and
       (2) initiate development of a policy statement to set forth 
     the circumstances in which Occupational Safety and Health 
     Administration requirements may be applied to crewmembers 
     while working in the aircraft.
       (b) Policy Statement.--The policy statement to be developed 
     under subsection (a)(2) shall be completed within 18 months 
     after the date of enactment of this Act and shall satisfy the 
     following principles:
       (1) The establishment of a coordinating body similar to the 
     Aviation Safety and Health Joint Team established by the 
     August 2000 memorandum of understanding that includes 
     representatives designated by both Administrations--
       (A) to examine the applicability of current and future 
     Occupational Safety and Health Administration regulations;
       (B) to recommend policies for facilitating the training of 
     Federal Aviation Administration inspectors; and
       (C) to make recommendations that will govern the inspection 
     and enforcement of safety and health standards on board 
     aircraft in operation and all work-related environments.
       (2) Any standards adopted by the Federal Aviation 
     Administration shall set forth clearly--
       (A) the circumstances under which an employer is required 
     to take action to address occupational safety and health 
     hazards;
       (B) the measures required of an employer under the 
     standard; and
       (C) the compliance obligations of an employer under the 
     standard.

     SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLEMENTATION OF 
                   REQUIRED NAVIGATION PERFORMANCE APPROACH 
                   PROCEDURES.

       (a) In General.--
       (1) Annual minimum required navigation performance 
     procedures.--The Administrator shall set a target of 
     achieving a minimum of 200 Required Navigation Performance 
     procedures each fiscal year through fiscal year 2012, with 25 
     percent of that target number meeting the low visibility 
     approach criteria consistent with the NextGen Implementation 
     Plan.
       (2) Use of third parties.--The Administrator is authorized 
     to provide third parties the ability to design, flight check, 
     and implement Required Navigation Performance approach 
     procedures.
       (b) DOT Inspector General Review of Operational and 
     Approach Procedures by a Third Party.--
       (1) Review.--The Inspector General of the Department of 
     Transportation shall conduct a review regarding the 
     effectiveness of the oversight activities conducted by the 
     Administration in connection with any agreement with or 
     delegation of authority to a third party for the development 
     of flight procedures, including public use procedures, for 
     the National Airspace System.
       (2) Assessments.--The Inspector General shall include, at a 
     minimum, in the review--
       (A) an assessment of the extent to which the Administration 
     is relying or intends to rely on a third party for the 
     development of new procedures and a determination of whether 
     the Administration has established sufficient mechanisms and 
     staffing to provide safety oversight functions, which may 
     include quality assurance processes, flight checks, 
     integration of procedures into the National Aviation System, 
     and operational assessments of procedures developed by third 
     parties; and
       (B) an assessment regarding whether the Administration has 
     sufficient existing personnel and technical resources or 
     mechanisms to develop such flight procedures in a safe and 
     efficient manner to meet the demands of the National Airspace 
     System without the use of third party resources.
       (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

[[Page 5054]]

     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure a report on the results of the review 
     conducted under this section.

     SEC. 511. IMPROVED SAFETY INFORMATION.

       Not later than December 31, 2009, the Administrator of the 
     Federal Aviation Administration shall issue a final rule in 
     docket No. FAA-2008-0188, Re-registration and Renewal of 
     Aircraft Registration. The final rule shall include--
       (1) provision for the expiration of a certificate for an 
     aircraft registered as of the date of enactment of this Act, 
     with re-registration requirements for those aircraft that 
     remain eligible for registration;
       (2) provision for the periodic expiration of all 
     certificates issued after the effective date of the rule with 
     a registration renewal process; and
       (3) other measures to promote the accuracy and efficient 
     operation and value of the Administration's aircraft 
     registry.

     SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS 
                   IMPROVEMENTS.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall--
       (1) take such action as may be necessary to ensure that the 
     Voluntary Disclosure Reporting Process requires inspectors--
       (A) to evaluate corrective action proposed by an air 
     carrier with respect to a matter disclosed by that air 
     carrier is sufficiently comprehensive in scope and 
     application and applies to all affected aircraft operated by 
     that air carrier before accepting the proposed voluntary 
     disclosure;
       (B) to verify that corrective action so identified by an 
     air carrier is completed within the timeframe proposed; and
       (C) to verify by inspection that the carrier's corrective 
     action adequately corrects the problem that was disclosed; 
     and
       (2) establish a second level supervisory review of 
     disclosures under the Voluntary Disclosure Reporting Process 
     before any proposed disclosure is accepted and closed that 
     will ensure that a matter disclosed by an air carrier--
       (A) has not been previously identified by a Federal 
     Aviation Administration inspector; and
       (B) has not been previously disclosed by the carrier in the 
     preceding 5 years.
       (b) GAO Study.--
       (1) In general.--The Comptroller General shall conduct a 
     study of the Voluntary Disclosure Reporting Program.
       (2) Review.--In conducting the study, the Comptroller 
     General shall examine, at a minimum, whether--
       (A) there is evidence that voluntary disclosure is 
     resulting in regulated entities discovering and correcting 
     violations to a greater extent than would otherwise occur if 
     there was no program for immunity from enforcement action;
       (B) the voluntary disclosure program makes the Federal 
     Aviation Administration aware of violations that it would not 
     have discovered if there was not a program, and if a 
     violation is disclosed voluntarily, whether the 
     Administration insists on stronger corrective actions than 
     would have occurred if the regulated entity knew of a 
     violation, but the Administration did not;
       (C) the information the Administration gets under the 
     program leads to fewer violations by other entities, either 
     because the information leads other entities to look for 
     similar violations or because the information leads 
     Administration investigators to look for similar violations 
     at other entities; and
       (D) there is any evidence that voluntary disclosure has 
     improved compliance with regulations, either for the entities 
     making disclosures or for the industry generally.
       (3) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure on the results of the study 
     conducted under this subsection.

     SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPECTIONS.

       (a) In General.--Section 44711 is amended by adding at the 
     end the following:
       ``(d) Post-employment restrictions for flight standards 
     inspectors.--
       ``(1) Prohibition.--A person holding an operating 
     certificate issued under title 14, Code of Federal 
     Regulations, may not knowingly employ, or make a contractual 
     arrangement which permits, an individual to act as an agent 
     or representative of the certificate holder in any matter 
     before the Federal Aviation Administration if the individual, 
     in the preceding 3-year period--
       ``(A) served as, or was responsible for oversight of, a 
     flight standards inspector of the Administration; and
       ``(B) had responsibility to inspect, or oversee inspection 
     of, the operations of the certificate holder.
       ``(2) Written and oral communications.--For purposes of 
     paragraph (1), an individual shall be considered to be acting 
     as an agent or representative of a certificate holder in a 
     matter before the Federal Aviation Administration if the 
     individual makes any written or oral communication on behalf 
     of the certificate holder to the Administration (or any of 
     its officers or employees) in connection with a particular 
     matter, whether or not involving a specific party and without 
     regard to whether the individual has participated in, or had 
     responsibility for, the particular matter while serving as a 
     flight standards inspector of the Administration.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall not apply to an individual employed by a certificate 
     holder as of the date of enactment of this Act.

     SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES.

       Within 30 days after the date of enactment of this Act, the 
     Comptroller General shall initiate a review and investigation 
     of air safety issues identified by Federal Aviation 
     Administration employees and reported to the Administrator. 
     The Comptroller General shall report the Government 
     Accountability Office's findings and recommendations to the 
     Administrator, the Senate Committee on Commerce, Science, and 
     Transportation, and the House of Representatives Committee on 
     Transportation and Infrastructure on an annual basis.

     SEC. 515. NATIONAL REVIEW TEAM.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall establish a national review 
     team within the Administration to conduct periodic, 
     unannounced, and random reviews of the Administration's 
     oversight of air carriers and report annually its findings 
     and recommendations to the Administrator, the Senate 
     Commerce, Science, and Transportation Committee, and the 
     House of Representatives Committee on Transportation and 
     Infrastructure.
       (b) Limitation.--The Administrator shall prohibit a member 
     of the National Review Team from participating in any review 
     or audit of an air carrier under subsection (a) if the member 
     has previously had responsibility for inspecting, or 
     overseeing the inspection of, the operations of that air 
     carrier.
       (c) Inspector General Reports.--The Inspector General of 
     the Department of Transportation shall provide progress 
     reports to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure on the review teams and 
     their effectiveness.

     SEC. 516. FAA ACADEMY IMPROVEMENTS.

       (a) Review.--Within 1 year after the date of enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall conduct a comprehensive review and 
     evaluation of its Academy and facility training efforts.
       (b) Facility Training Program.--The Administrator shall--
       (1) clarify responsibility for oversight and direction of 
     the Academy's facility training program at the national 
     level;
       (2) communicate information concerning that responsibility 
     to facility managers; and
       (3) establish standards to identify the number of 
     developmental controllers that can be accommodated at each 
     facility, based on--
       (A) the number of available on-the-job-training 
     instructors;
       (B) available classroom space;
       (C) the number of available simulators;
       (D) training requirements; and
       (E) the number of recently placed new personnel already in 
     training.

     SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPERATIONAL 
                   ERRORS.

       (a) Plan.--The Administrator of the Federal Aviation 
     Administration shall develop a plan for the reduction of 
     runway incursions by reviewing every commercial service 
     airport (as defined in section 47102 of title 49, United 
     States Code) in the United States and initiating action to 
     improve airport lighting, provide better signage, and improve 
     runway and taxiway markings.
       (b) Process.--Within 1 year after the date of enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall develop a process for tracking and 
     investigating operational errors and runway incursions that 
     includes--
       (1) identifying the office responsible for establishing 
     regulations regarding operational errors and runway 
     incursions;
       (2) identifying who is responsible for tracking and 
     investigating operational errors and runway incursions and 
     taking remedial actions;
       (3) identifying who is responsible for tracking operational 
     errors and runway incursions, including a process for lower 
     level employees to report to higher supervisory levels; and
       (4) periodic random audits of the oversight process.

     SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

       Section 106 is amended by adding at the end the following:
       ``(s) Aviation Safety Whistleblower Investigation Office.--
       ``(1) Establishment.--There is established in the 
     Administration an Aviation Safety Whistleblower Investigation 
     Office.
       ``(2) Director.--
       ``(A) Appointment.--The head of the Office shall be the 
     Director, who shall be appointed by the Secretary of 
     Transportation.
       ``(B) Qualifications.--The Director shall have a 
     demonstrated ability in investigations and knowledge of or 
     experience in aviation.
       ``(C) Term.--The Director shall be appointed for a term of 
     5 years.
       ``(D) Vacancy.--Any individual appointed to fill a vacancy 
     in the position of the Director occurring before the 
     expiration of the term for which the individual's predecessor 
     was appointed shall be appointed for the remainder of that 
     term.
       ``(3) Complaints and investigations.--
       ``(A) Authority of director.--The Director shall--
       ``(i) receive complaints and information submitted by 
     employees of persons holding certificates issued under title 
     14, Code of Federal Regulations, and employees of the 
     Administration

[[Page 5055]]

     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 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

[[Page 5056]]

     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 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).

[[Page 5057]]

       ``(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)''.

     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.--

[[Page 5058]]

       (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 this Act, the Administrator shall 
     convene a multidisciplinary panel of specialists in aircraft 
     operations, flightcrew member training, human factors, and 
     aviation safety to study and submit to the Administrator a 
     report on methods to increase the familiarity of flightcrew 
     members with, and improve the response of flightcrew members 
     to, stick pusher systems, icing conditions, and microburst 
     and windshear weather events.
       (2) Report to congress.--Not later than one year after the 
     date on which the Administrator convenes the panel, the 
     Administrator shall--
       (A) submit a report to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation based on 
     the findings of the panel; and
       (B) with respect to stick pusher systems, initiate 
     appropriate actions to implement the recommendations of the 
     panel.

     SEC. 556. FLIGHTCREW MEMBER MENTORING, PROFESSIONAL 
                   DEVELOPMENT, AND LEADERSHIP.

       (a) Aviation Rulemaking Committee.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall conduct an aviation rulemaking committee 
     proceeding with stakeholders to develop procedures for each 
     part 121 air carrier to take the following actions:
       (A) Establish flightcrew member mentoring programs under 
     which the air carrier will pair highly experienced flightcrew 
     members who will serve as mentor pilots and be paired with 
     newly employed flightcrew members. Mentor pilots should be 
     provided, at a minimum, specific instruction on techniques 
     for instilling and reinforcing the highest standards of 
     technical performance, airmanship, and professionalism in 
     newly employed flightcrew members.
       (B) Establish flightcrew member professional development 
     committees made up of air carrier management and labor union 
     or professional association representatives to develop, 
     administer, and oversee formal mentoring programs of the 
     carrier to assist flightcrew members to reach their maximum 
     potential as safe, seasoned, and proficient flightcrew 
     members.
       (C) Establish or modify training programs to accommodate 
     substantially different levels and types of flight experience 
     by newly employed flightcrew members.
       (D) Establish or modify training programs for second-in-
     command flightcrew members attempting to qualify as pilot-in-
     command flightcrew members for the first time in a specific 
     aircraft type and ensure that such programs include 
     leadership and command training.
       (E) Ensure that recurrent training for pilots in command 
     includes leadership and command training.
       (F) Such other actions as the aviation rulemaking committee 
     determines appropriate to enhance flightcrew member 
     professional development.
       (2) Compliance with sterile cockpit rule.--Leadership and 
     command training described in paragraphs (1)(D) and (1)(E) 
     shall include instruction on compliance with flightcrew 
     member duties under part 121.542 of title 14, Code of Federal 
     Regulations.
       (3) Streamlined program review.--
       (A) In general.--As part of the rulemaking required by 
     subsection (a), the Administrator shall establish a 
     streamlined process for part 121 air carriers that have in 
     effect, as of the date of enactment of this Act, the programs 
     required by paragraph (1).
       (B) Expedited approvals.--Under the streamlined process, 
     the Administrator shall--
       (i) review the programs of such part 121 air carriers to 
     determine whether the programs meet the requirements set 
     forth in the final rule referred to in subsection (b)(2); and
       (ii) expedite the approval of the programs that the 
     Administrator determines meet such requirements.
       (b) Deadlines.--The Administrator shall issue--
       (1) not later than 180 days after the date of enactment of 
     this Act, a notice of proposed rulemaking under subsection 
     (a); and
       (2) not later than 24 months after such date of enactment, 
     a final rule under subsection (a).

     SEC. 557. FLIGHTCREW MEMBER SCREENING AND QUALIFICATIONS.

       (a) Requirements.--The Administrator of the Federal 
     Aviation Administration shall conduct a rulemaking proceeding 
     to require part 121 air carriers to develop and implement 
     means and methods for ensuring that flightcrew members have 
     proper qualifications and experience.
       (b) Minimum Experience Requirement.--
       (1) In general.--The final rule prescribed under subsection 
     (a) shall, among any other requirements established by the 
     rule, require that a pilot--
       (A) have not less than 800 hours of flight time before 
     serving as a flightcrew member for a part 121 air carrier; 
     and
       (B) demonstrate the ability to--
       (i) function effectively in a multipilot environment;
       (ii) function effectively in an air carrier operational 
     environment;
       (iii) function effectively in adverse weather conditions, 
     including icing conditions if the pilot is expected to be 
     operating aircraft in icing conditions;
       (iv) function effectively during high altitude operations; 
     and
       (v) adhere to the highest professional standards.
       (2) Hours of flight experience in difficult operational 
     conditions.--The total number of hours of flight experience 
     required by the Administrator under paragraph (1) for pilots 
     shall include a number of hours of flight experience in 
     difficult operational conditions that may be

[[Page 5059]]

     encountered by an air carrier that the Administrator 
     determines to be sufficient to enable a pilot to operate an 
     aircraft safely in such conditions.
       (c) Deadlines.--The Administrator shall issue--
       (1) not later than 180 days after the date of enactment of 
     this Act, a notice of proposed rulemaking under subsection 
     (a); and
       (2) not later than December 31, 2011, a final rule under 
     subsection (a).
       (d) Default Requirements.--If the Administrator fails to 
     meet the deadline established by subsection (c))(2), then all 
     flightcrew members for part 121 air carriers shall meet the 
     requirements established by subpart G of part 61 of the 
     Federal Aviation Administration's regulations (14 C.F.R. 
     61.151 et seq.).
       (e) Definitions.--In this section:
       (1) Flightcrew member.--The term ``flightcrew member'' has 
     the meaning given that term in section 1.1 of the Federal 
     Aviation Administration's regulations (14 C.F.R. 1.1)).
       (2) Part 121 air carrier.--The term ``part 121 air 
     carrier'' has the meaning given that term by section 
     41720(d)(1) of title 49, United States Code.

     SEC. 558. PROHIBITION ON PERSONAL USE OF CERTAIN DEVICES ON 
                   FLIGHT DECK.

       (a) In General.--Chapter 447, as amended by section 521 of 
     this Act, is further amended by adding at the end thereof the 
     following:

     ``44731. Use of certain devices on flight deck

       ``(a) In General.--It is unlawful for any member of the 
     flight crew of an aircraft used to provide air transportation 
     under part 121 of title 14, Code of Federal Regulations, to 
     use a personal wireless communications device or laptop 
     computer while at the crew member's duty station on the 
     flight deck of such an aircraft while the aircraft is being 
     operated.
       ``(b) Exceptions.--Subsection (a) shall not apply to the 
     use of a personal wireless communications device or laptop 
     computer for a purpose directly related to operation of the 
     aircraft, or for emergency, safety-related, or employment-
     related communications, in accordance with procedures 
     established by the air carrier or the Federal Aviation 
     Administration.
       ``(c) Enforcement.--In addition to the penalties provided 
     under section 46301 of this title applicable to any violation 
     of this section, the Administrator of the Federal Aviation 
     Administration may enforce compliance with this section under 
     section 44709.
       ``(d) Personal Wireless Communications Device Defined.--The 
     term `personal wireless communications device' means a device 
     through which personal wireless services (as defined in 
     section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 
     U.S.C. 332(c)(7)(C)(i))) are transmitted.''.
       (b) Penalty.--Section 44711(a) is amended--
       (1) by striking ``or'' after the semicolon in paragraph 
     (8);
       (2) by striking ``title.'' in paragraph (9) and inserting 
     ``title; or''; and
       (3) by adding at the end the following:
       ``(10) violate section 44730 of this title or any 
     regulation issued thereunder.''.
       (c) Conforming Amendment.--The table of contents for 
     chapter 447 is amended by adding at the end thereof the 
     following:

``44731. Use of certain devices on flight deck''.

       (d) Regulations.--Within 30 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     initiate a rulemaking procedure for regulations under section 
     44730 of title 49, United States Code, and shall issue a 
     final rule thereunder within 1 year after the date of 
     enactment of this Act.
       (e) Study.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall review relevant air carrier data and 
     carry out a study--
       (A) to identify common sources of distraction for the 
     cockpit flight crew on commercial aircraft; and
       (B) to determine the safety impacts of such distractions.
       (2) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Administrator shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains--
       (A) the findings of the study conducted under paragraph 
     (1); and
       (B) recommendations about ways to reduce distractions for 
     cockpit flight crews.

     SEC. 559. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.

       The Administrator shall, not less frequently than once each 
     year, perform random, unannounced, on-site inspections of air 
     carriers that provide air transportation pursuant to a 
     contract with a part 121 air carrier to ensure that such air 
     carriers are complying with all applicable safety standards 
     of the Administration.

     SEC. 560. ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO 
                   THE TRAINING, HIRING, AND OPERATION OF AIRCRAFT 
                   BY PILOTS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall issue a final 
     rule with respect to the Notice of Proposed Rulemaking 
     published in the Federal Register on January 12, 2009 (74 
     Fed. Reg. 1280), relating to training programs for flight 
     crew members and aircraft dispatchers.
       (b) Expert Panel To Review Part 121 and Part 135 Training 
     Hours.--
       (1) Establishment.--Not later than 60 days after the date 
     of enactment of this Act, the Administrator shall convene a 
     multidisciplinary expert panel comprised of, at a minimum, 
     air carrier representatives, training facility 
     representatives, instructional design experts, aircraft 
     manufacturers, safety organization representatives, and labor 
     union representatives.
       (2) Assessment and recommendations.--The panel shall assess 
     and make recommendations concerning--
       (A) the best methods and optimal time needed for flightcrew 
     members of part 121 air carriers and flightcrew members of 
     part 135 air carriers to master aircraft systems, maneuvers, 
     procedures, take offs and landings, and crew coordination;
       (B) the optimal length of time between training events for 
     such crewmembers, including recurrent training events;
       (C) the best methods to reliably evaluate mastery by such 
     crewmembers of aircraft systems, maneuvers, procedures, take 
     offs and landings, and crew coordination; and
       (D) the best methods to allow specific academic training 
     courses to be credited pursuant to section 11(d) toward the 
     total flight hours required to receive an airline transport 
     pilot certificate.
       (3) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit a 
     report to the House of Representatives Committee on 
     Transportation and Infrastructure and the Senate Committee on 
     Commerce, Science, and Transportation based on the findings 
     of the panel.

     SEC. 561. OVERSIGHT OF PILOT TRAINING SCHOOLS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator shall submit to 
     Congress a plan for overseeing pilot schools certified under 
     part 141 of title 14, Code of Federal Regulations, that 
     includes--
       (1) ensuring that the curriculum and course outline 
     requirements for such schools under subpart C of such part 
     are being met; and
       (2) conducting on-site inspections of each such school not 
     less frequently than once every 2 years.
       (b) GAO Study.--The Comptroller General shall conduct a 
     comprehensive study of flight schools, flight education, and 
     academic training requirements for certification of an 
     individual as a pilot.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to the House of Representatives Committee on 
     Transportation and Infrastructure and the Senate Committee on 
     Commerce, Science, and Transportation on the results of the 
     study.

     SEC. 562. ENHANCED TRAINING FOR FLIGHT ATTENDANTS AND GATE 
                   AGENTS.

       (a) In General.--Chapter 447, as amended by section 558 of 
     this Act, is further amended by adding at the end the 
     following:

     ``Sec. 44732. Training of flight attendants and gate agents

       ``(a) Training Required.--In addition to other training 
     required under this chapter, each air carrier shall provide 
     initial and annual recurring training for flight attendants 
     and gate agents employed or contracted by such air carrier 
     regarding--
       ``(1) serving alcohol to passengers;
       ``(2) recognizing intoxicated passengers; and
       ``(3) dealing with disruptive passengers.
       ``(b) Situational Training.--In carrying out the training 
     required under subsection (a), each air carrier shall provide 
     situational training to flight attendants and gate agents on 
     the proper method for dealing with intoxicated passengers who 
     act in a belligerent manner.
       ``(c) Definitions.--In this section:
       ``(1) Air carrier.--The term `air carrier' means a person 
     or commercial enterprise that has been issued an air carrier 
     operating certificate under section 44705.
       ``(2) Flight attendant.--The term `flight attendant' has 
     the meaning given the term in section 44728(f).
       ``(3) Gate agent.--The term `gate agent' means an 
     individual working at an airport whose responsibilities 
     include facilitating passenger access to commercial aircraft.
       ``(4) Passenger.--The term `passenger' means an individual 
     traveling on a commercial aircraft, from the time at which 
     the individual arrives at the airport from which such 
     aircraft departs until the time the individual leaves the 
     airport to which such aircraft arrives.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     447 is amended by adding at the end the following:

``44732. Training of flight attendants and gate agents''.

       (c) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall issue regulations to carry out section 44730 of title 
     49, United States Code, as added by subsection (a).

     SEC. 563. DEFINITIONS.

       In this subtitle:
       (1) Aviation safety action program.--The term ``Aviation 
     Safety Action Program'' means the program described under 
     Federal Aviation Administration Advisory Circular No. 120-66B 
     that permits employees of participating air carriers and 
     repair station certificate holders to identify and report 
     safety issues to management and to the Administration for 
     resolution.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator.
       (3) Air carrier.--The term ``air carrier'' has the meaning 
     given that term by section 40102(2) of title 49, United 
     States Code.

[[Page 5060]]

       (4) FAA.--The term ``FAA'' means the Federal Aviation 
     Administration.
       (5) Flight operational quality assurance program.--The term 
     ``Flight Operational Quality Assurance Program'' means the 
     voluntary safety program authorized under section 13.401 of 
     title 14, Code of Federal Regulations, that permits 
     commercial air carriers and pilots to share confidential 
     aggregate information with the Administration to permit the 
     Administration to target resources to address operational 
     risk issues.
       (6) Line Operations Safety Audit Program.--The term ``Line 
     Operations Safety Audit Program'' has the meaning given that 
     term by Federal Aviation Administration Advisory Circular 
     Number 120-90.
       (7) Part 121 air carrier.--The term ``part 121 air 
     carrier'' has the meaning given that term by section 
     41719(d)(1) of title 49, United States Code.

     SEC. 564. STUDY OF AIR QUALITY IN AIRCRAFT CABINS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate a study of air quality 
     in aircraft cabins to--
       (1) assess bleed air quality on the full range of 
     commercial aircraft operating in the United States;
       (2) identify oil-based contaminants, hydraulic fluid 
     toxins, and other air toxins that appear in cabin air and 
     measure the quantity and prevalence, or absence of those 
     toxins through a comprehensive sampling program;
       (3) determine the specific amount and duration of toxic 
     fumes present in aircraft cabins that constitutes a health 
     risk to passengers;
       (4) develop a systematic reporting standard for smoke and 
     fume events in aircraft cabins;
       (5) identify the potential health risks to individuals 
     exposed to toxic fumes during flight; and
       (6) determine the extent to which the installation of 
     sensors and air filters on commercial aircraft would provide 
     a public health benefit.
       (b) Authority To Monitor Air in Aircraft Cabins.--For 
     purposes of conducting the study required by subsection (a), 
     the Administrator of the Federal Aviation Administration 
     shall require domestic air carriers to allow air quality 
     monitoring on their aircraft in a manner that imposes no 
     significant costs on the air carrier and does not interfere 
     with the normal operation of the aircraft.

                      TITLE VI--AVIATION RESEARCH

     SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM.

       (a) In General.--Section 44511(f) is amended--
       (1) by striking ``establish a 4-year pilot'' in paragraph 
     (1) and inserting ``maintain an''; and
       (2) by inserting ``pilot'' in paragraph (4) before 
     ``program'' the first time it appears; and
       (3) by striking ``program, including recommendations as to 
     the need for establishing a permanent airport cooperative 
     research program.'' in paragraph (4) and inserting 
     ``program.''.
       (b) Airport Cooperative Research Program.--Not more than 
     $15,000,000 per year for fiscal years 2010 and 2011 may be 
     appropriated to the Secretary of Transportation from the 
     amounts made available each year under subsection (a) for the 
     Airport Cooperative Research Program under section 44511 of 
     this title, of which not less than $5,000,000 per year shall 
     be for research activities related to the airport 
     environment, including reduction of community exposure to 
     civil aircraft noise, reduction of civil aviation emissions, 
     or addressing water quality issues.

     SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY 
                   CONSUMPTION FROM CIVILIAN AIRCRAFT.

       (a) Establishment of Research Program.--From amounts made 
     available under section 48102(a) of title 49, United States 
     Code, the Administrator of the Federal Aviation 
     Administration shall establish a research program related to 
     reducing civilian aircraft energy use, emissions, and source 
     noise with equivalent safety through grants or other 
     measures, which may include cost-sharing, authorized under 
     section 106(l)(6) of such title, including reimbursable 
     agreements with other Federal agencies.
       (b) Establishment of Consortium.--
       (1) Designation as consortium.--Not later than 180 days 
     after the date of the enactment of this Act, the 
     Administrator shall designate, using a competitive process, 
     one or more institutions or entities described in paragraph 
     (2) as a Consortium for Continuous Low Energy, Emissions, and 
     Noise (CLEEN) to perform research in accordance with this 
     section.
       (2) Participation.--The Administrator shall include 
     educational and research institutions or private sector 
     entities that have existing facilities and experience for 
     developing and testing noise, emissions and energy reduction 
     engine and aircraft technology, and developing alternative 
     fuels in the research program required by subsection (a).
       (3) Coordination mechanisms.--In conducting the research 
     program, the Consortium designated under paragraph (1) 
     shall--
       (A) coordinate its activities with the Department of 
     Agriculture, the Department of Energy, the National 
     Aeronautics and space Administration, and other relevant 
     Federal agencies; and
       (B) consult on a regular basis with the Commercial Aviation 
     Alternative Fuels Initiative.
       (c) Performance Objectives.--Not later than January 1, 
     2016, the research program shall accomplish the following 
     objectives:
       (1) Certifiable aircraft technology that reduces fuel burn 
     33 percent compared to current technology, reducing energy 
     consumption and carbon dioxide emissions.
       (2) Certifiable engine technology that reduces landing and 
     takeoff cycle nitrogen oxide emissions by 60 percent, at a 
     pressure ratio of 30 over the International Civil Aviation 
     Organization standard adopted at the 6th Meeting of the 
     Committee on Aviation Environmental Protection, with 
     commensurate reductions over the full pressure ratio range, 
     while limiting or reducing other gaseous or particle 
     emissions.
       (3) Certifiable aircraft technology that reduces noise 
     levels by 32 Effective Perceived Noise in decibels (EPNdb) 
     cumulative, relative to Stage 4 standards.
       (4) Advance qualification and environmental assurance of 
     alternative aviation fuels to support a goal of having 20 
     percent of the jet fuel available for purchase by United 
     States commercial airlines and cargo carriers be alternative 
     fuels.
       (5) Determination of the extent to which new engine and 
     aircraft technologies may be used to retrofit or re-engine 
     aircraft so as to increase the level of penetration into the 
     commercial fleet.

     SEC. 603. PRODUCTION OF ALTERNATIVE FUEL TECHNOLOGY FOR 
                   CIVILIAN AIRCRAFT.

       (a) In General.--From amounts made available under section 
     48102(a) of title 49, United States Code, the Secretary of 
     Transportation shall establish a research program related to 
     developing jet fuel from natural gas, biomass and other 
     renewable sources through grants or other measures authorized 
     under section 106(l)(6) of such title, including reimbursable 
     agreements with other Federal agencies.
       (b) Participation in Program.--The Secretary shall--
       (1) include educational and research institutions that have 
     existing facilities and experience in the research, small-
     scale development, testing, or evaluation of technologies 
     related to the creation, processing, and production of a 
     variety of feedstocks into aviation fuel under the program 
     required by subsection (a); and
       (2) consider utilizing the existing capacity in Aeronautics 
     research at Langley Research Center of the National 
     Aeronautics and Space Administration to carry out the program 
     required by subsection (a).
       (c) Designation of Institution as a Center of Excellence.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall designate an institution described in 
     subsection (b) as a Center of Excellence for Alternative Jet-
     Fuel Research in Civil Aircraft. The Center of Excellence 
     shall be a member of the CLEEN Consortium established under 
     section 602(b), and shall be part of a Joint Center of 
     Excellence with the Partnership for Air Transportation Noise 
     and Emission Reduction FAA Center of Excellence.

     SEC. 604. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR 
                   CIVILIAN AIRCRAFT.

       (a) Establishment of Research Program.--From amounts made 
     available under section 48102(a) of title 49, United States 
     Code, the Secretary of Transportation shall establish a 
     research program related to developing jet fuel from clean 
     coal through grants or other measures authorized under 
     section 106(l)(6) of such title, including reimbursable 
     agreements with other Federal agencies. The program shall 
     include participation by educational and research 
     institutions that have existing facilities and experience in 
     the development and deployment of technology that processes 
     coal to aviation fuel.
       (b) Designation of Institution as a Center of Excellence.--
     Within 6 months after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     designate an institution described in subsection (a) as a 
     Center of Excellence for Coal-to-Jet-Fuel Research.

     SEC. 605. ADVISORY COMMITTEE ON FUTURE OF AERONAUTICS.

       (a) Establishment.--There is established an advisory 
     committee to be know as the ``Advisory Committee on the 
     Future of Aeronautics''.
       (b) Membership.--The Advisory Committee shall consist of 7 
     members appointed by the President from a list of 15 
     candidates proposed by the Director of the National Academy 
     of Sciences.
       (c) Chairperson.--The Advisory Committee members shall 
     elect 1 member to serve as chairperson of the Advisory 
     Committee.
       (d) Functions.--The Advisory Committee shall examine the 
     best governmental and organizational structures for the 
     conduct of civil aeronautics research and development, 
     including options and recommendations for consolidating such 
     research to ensure continued United States leadership in 
     civil aeronautics. The Committee shall consider transferring 
     responsibility for civil aeronautics research and development 
     from the National Aeronautics and Space Administration to 
     other existing departments or agencies of the Federal 
     Government or to a non-governmental organization such as 
     academic consortia or not-for-profit organizations. In 
     developing its recommendations, the Advisory Committee shall 
     consider, as appropriate, the aeronautics research policies 
     developed pursuant to section 101(d) of Public Law 109-155 
     and the requirements and priorities for aeronautics research 
     established by title IV of Public Law 109-155.
       (e) Report.--Not later than 12 months after the date on 
     which the full membership of the Advisory Committee is 
     appointed, the Advisory

[[Page 5061]]

     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.
       (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

[[Page 5062]]

     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 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.

[[Page 5063]]

       (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.
       ``(6) Publication; comment.--The Administrator shall 
     publish in the Federal Register any fee schedule under this 
     section, including any adjusted overflight fee schedule, and 
     the associated collection process as a proposed rule, 
     pursuant to which public comment will be sought and a final 
     rule issued.''.
       (b) Administrative Provision.--Section 45303(c)(2) is 
     amended to read as follows:
       ``(2) shall be available to the Administrator for 
     expenditure for purposes authorized by Congress for the 
     Federal Aviation Administration, however, fees established by 
     section 45301(a)(1) of this title shall be available only to 
     pay the cost of activities and services for which the fee is 
     imposed, including the costs to determine, assess, review, 
     and collect the fee; and''.

     SEC. 707. TECHNICAL CORRECTIONS.

       Section 40122(g), as amended by section 307 of this Act, is 
     further amended--
       (1) by striking ``section 2302(b), relating to 
     whistleblower protection,'' in paragraph (2)(A) and inserting 
     ``sections 2301 and 2302,'';
       (2) by striking ``and'' after the semicolon in paragraph 
     (2)(H);
       (3) by striking ``Plan.'' in paragraph (2)(I)(iii) and 
     inserting ``Plan;'';
       (4) by adding at the end of paragraph (2) the following:
       ``(J) section 5596, relating to back pay; and
       ``(K) sections 6381 through 6387, relating to Family and 
     Medical Leave.''; and
       (5) by adding at the end of paragraph (3) ``Notwithstanding 
     any other provision of law, retroactive to April 1, 1996, the 
     Board shall have the same remedial authority over such 
     employee appeals that it had as of March 31, 1996.''.

     SEC. 708. FAA TECHNICAL TRAINING AND STAFFING.

       (a) Study.--
       (1) In general.--The Comptroller General shall conduct a 
     study of the training of airway transportation systems 
     specialists of the Federal Aviation Administration that 
     includes--
       (A) an analysis of the type of training provided to such 
     specialists;
       (B) an analysis of the type of training that such 
     specialists need to be proficient in the maintenance of the 
     latest technologies;
       (C) actions that the Administration has undertaken to 
     ensure that such specialists receive up-to-date training on 
     such technologies;
       (D) the amount and cost of training provided by vendors for 
     such specialists;
       (E) the amount and cost of training provided by the 
     Administration after developing in-house training courses for 
     such specialists;
       (F) the amount and cost of travel required of such 
     specialists in receiving training; and
       (G) a recommendation regarding the most cost-effective 
     approach to providing such training.
       (2) Report.--Within 1 year after the date of enactment of 
     this Act, the Comptroller General shall transmit a report on 
     the study containing the Comptroller General's findings and 
     recommendations to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure.
       (b) Study by National Academy of Sciences.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall contract with the National 
     Academy of Sciences to conduct a study of the assumptions and 
     methods used by the Federal Aviation Administration to 
     estimate staffing needs for Federal Aviation Administration 
     air traffic controllers, system specialists, and engineers to 
     ensure proper maintenance, certification, and operation of 
     the National Airspace System. The National Academy of 
     Sciences shall consult with the Exclusive Bargaining 
     Representative certified under section 7111 of title 5, 
     United States Code, and the Administration (including the 
     Civil Aeronautical Medical Institute) and examine data 
     entailing human factors, traffic activity, and the technology 
     at each facility.
       (2) Contents.--The study shall include--
       (A) recommendations for objective staffing standards that 
     maintain the safety of the National Airspace System; and
       (B) the approximate length of time for developing such 
     standards.
       (3) Report.--Not later than 24 months after executing a 
     contract under subsection (a), the National Academy of 
     Sciences shall transmit a report containing its findings and 
     recommendations to the Congress.
       (c) Aviation Safety Inspectors.--
       (1) Safety staffing model.--Within 12 months after the date 
     of enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall develop a staffing model for 
     aviation safety inspectors. In developing the model, the 
     Administrator shall consult with representatives of the 
     aviation safety inspectors and other interested parties.
       (2) Safety inspector staffing.--The Federal Aviation 
     Administration aviation safety inspector staffing requirement 
     shall be no less than the staffing levels indicated as 
     necessary in the staffing model described under subsection 
     (a).
       (d) Alaska Flight Service Stations.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Administrator, in conjunction with flight service station 
     personnel, shall submit a report to Congress on the future of 
     flight service stations in Alaska, which includes--
       (1) an analysis of the number of flight service specialists 
     needed, the training needed by such personnel, and the need 
     for a formal training and hiring program for such personnel;
       (2) a schedule for necessary inspection, upgrades, and 
     modernization of stations and equipment; and

[[Page 5064]]

       (3) a description of the interaction between flight service 
     stations operated by the Administration and flight service 
     stations operated by contractors.

     SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN NATIONAL PARKS.

       (a) Secretary of the Interior and Overflights of National 
     Parks.--
       (1) Section 40128 is amended--
       (A) by striking paragraph (8) of subsection (f);
       (B) by striking ``Director'' each place it appears and 
     inserting ``Secretary of the Interior'';
       (C) by striking ``National Park Service'' in subsection 
     (a)(2)(B)(vi) and inserting ``Department of the Interior''; 
     and
       (D) in subsection (b)--
       (i) in paragraph (1)--

       (I) in subparagraph (A)--

       (aa) by striking ``, in cooperation with'' and inserting 
     ``and''; and
       (bb) by striking ``The air tour'' and all that follows; and

       (II) by redesignating subparagraph (B) as subparagraph (C);
       (III) by inserting after subparagraph (A) the following:

       ``(B) Process and approval.--The Federal Aviation 
     Administration has sole authority to control airspace over 
     the United States. The National Park Service has the sole 
     responsibility for conserving the scenery and natural 
     resources in National Parks and providing for the enjoyment 
     of the National Parks unimpaired for future generations. Each 
     air tour management plan shall be--
       ``(i) developed through a public process that complies with 
     paragraph (4); and
       ``(ii) approved by the Administrator and the Director.''; 
     and

       (IV) by adding at the end the following:

       ``(D) Exception.--An application to begin commercial air 
     tour operations at Crater Lake National Park may be denied 
     without the establishment of an air tour management plan by 
     the Director of the National Park Service if the Director 
     determines that such operations would unacceptably impact 
     park resources or visitor experiences.''; and
       (ii) in paragraph (4)(C), by striking ``National Park 
     Service'' and inserting ``Department of the Interior''.
       (2) The National Parks Air Tour Management Act of 2000 (49 
     U.S.C. 40128 note) is amended--
       (A) by striking ``Director'' in section 804(b) and 
     inserting ``Secretary of the Interior'';
       (B) in section 805--
       (i) by striking ``Director of the National Park Service'' 
     in subsection (a) and inserting ``Secretary of the 
     Interior'';
       (ii) by striking ``Director'' each place it appears and 
     inserting ``Secretary of the Interior'';
       (iii) by striking ``National Park Service'' each place it 
     appears in subsection (b) and inserting ``Department of the 
     Interior'';
       (iv) by striking ``National Park Service'' in subsection 
     (d)(2) and inserting ``Department of the Interior''; and
       (C) in section 807--
       (i) by striking ``National Park Service'' in subsection 
     (a)(1) and inserting ``Department of the Interior''; and
       (ii) by striking ``Director of the National Park Service'' 
     in subsection (b) and inserting ``Secretary of the 
     Interior''.
       (b) Allowing Overflights in Case of Agreement.--Paragraph 
     (1) of subsection (a) of section 40128 is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (B);
       (2) by striking ``lands.'' in subparagraph (C) and 
     inserting ``lands; and''; and
       (3) by adding at the end the following:
       ``(D) in accordance with a voluntary agreement between the 
     commercial air tour operator and appropriate representatives 
     of the national park or tribal lands, as the case may be.''.
       (c) Modification of Interim Operating Authority.--Section 
     40128(c)(2)(I) is amended to read as follows:
       ``(I) may allow for modifications of the interim operating 
     authority without further environmental process, if--
       ``(i) adequate information on the existing and proposed 
     operations of the commercial air tour operator is provided to 
     the Administrator and the Secretary by the operator seeking 
     operating authority;
       ``(ii) the Administrator determines that the modifications 
     would not adversely affect aviation safety or the management 
     of the national airspace system; and
       ``(iii) the Secretary agrees that the modifications would 
     not adversely affect park resources and visitor 
     experiences.''.
       (d) Reporting Requirements for Commercial Air Tour 
     Operators.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, each 
     commercial air tour conducting commercial air tour operations 
     over a national park shall report to the Administrator of the 
     Federal Aviation Administration and the Secretary of the 
     Interior on--
       (A) the number of commercial air tour operations conducted 
     by such operator over the national park each day;
       (B) any relevant characteristics of commercial air tour 
     operations, including the routes, altitudes, duration, and 
     time of day of flights; and
       (C) such other information as the Administrator and the 
     Secretary may determine necessary to administer the 
     provisions of the National Parks Air Tour Management Act of 
     2000 (49 U.S.C. 40128 note).
       (2) Format.--The report required by paragraph (1) shall be 
     submitted in such form as the Administrator and the Secretary 
     determine to be appropriate.
       (3) Effect of failure to report.--The Administrator shall 
     rescind the operating authority of a commercial air tour 
     operator that fails to file a report not later than 180 days 
     after the date for the submittal of the report described in 
     paragraph (1).
       (4) Audit of reports.--Not later than 2 years after the 
     date of the enactment of this Act, and at such times 
     thereafter as the Inspector General of the Department of 
     Transportation determines necessary, the Inspector General 
     shall audit the reports required by paragraph (1).
       (e) Collection of Fees From Air Tour Operations.--
       (1) In general.--The Secretary of the Interior shall assess 
     a fee in an amount determined by the Secretary under 
     paragraph (2) on a commercial air tour operator conducting 
     commercial air tour operations over a national park.
       (2) Amount of fee.--In determining the amount of the fee 
     assessed under paragraph (1), the Secretary shall collect 
     sufficient revenue, in the aggregate, to pay for the expenses 
     incurred by the Federal Government to develop air tour 
     management plans for national parks.
       (3) Effect of failure to pay fee.--The Administrator of the 
     Federal Aviation Administration shall revoke the operating 
     authority of a commercial air tour operator conducting 
     commercial air tour operations over any national park, 
     including the Grand Canyon National Park, that has not paid 
     the fee assessed by the Secretary under paragraph (1) by the 
     date that is 180 days after the date on which the Secretary 
     determines the fee shall be paid.
       (f) Funding for Air Tour Management Plans.--The Secretary 
     of the Interior shall use the amounts collected under 
     subsection (e) to develop air tour management plans under 
     section 40128(b) of title 49, United States Code, for the 
     national parks the Secretary determines would most benefit 
     from such a plan.
       (g) Guidance to District Offices on Commercial Air Tour 
     Operators.--The Administrator of the Federal Aviation 
     Administration shall provide to the Administration's district 
     offices clear guidance on the ability of commercial air tour 
     operators to obtain--
       (1) increased safety certifications;
       (2) exemptions from regulations requiring safety 
     certifications; and
       (3) other information regarding compliance with the 
     requirements of this Act and other Federal and State laws and 
     regulations.
       (h) Operating Authority of Commercial Air Tour Operators.--
       (1) Transfer of operating authority.--
       (A) In general.--Subject to subparagraph (B), a commercial 
     air tour operator that obtains operating authority from the 
     Administrator under section 40128 of title 49, United States 
     Code, to conduct commercial air tour operations may transfer 
     such authority to another commercial air tour operator at any 
     time.
       (B) Notice.--Not later than 30 days before the date on 
     which a commercial air tour operator transfers operating 
     authority under subparagraph (A), the operator shall notify 
     the Administrator and the Secretary of the intent of the 
     operator to transfer such authority.
       (C) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator shall prescribe 
     regulations to allow transfers of operating authority 
     described in subparagraph (A).
       (2) Time for determination regarding operating authority.--
     Notwithstanding any other provision of law, the Administrator 
     shall determine whether to grant a commercial air tour 
     operator operating authority under section 40128 of title 49, 
     United States Code, not later than 180 days after the earlier 
     of the date on which--
       (A) the operator submits an application; or
       (B) an air tour management plan is completed for the 
     national park over which the operator seeks to conduct 
     commercial air tour operations.
       (3) Increase in interim operating authority.--The 
     Administrator and the Secretary may increase the interim 
     operating authority while an air tour management plan is 
     being developed for a park if--
       (A) the Secretary determines that such an increase does not 
     adversely impact park resources or visitor experiences; and
       (B) the Administrator determines that granting interim 
     operating authority does not adversely affect aviation safety 
     or the management of the national airspace system.
       (4) Enforcement of operating authority.--The Administrator 
     is authorized and directed to enforce the requirements of 
     this Act and any agency rules or regulations related to 
     operating authority.

     SEC. 710. PHASEOUT OF STAGE 1 AND 2 AIRCRAFT.

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

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

       ``(a) Prohibition.--Except as provided in subsection (b), 
     (c), or (d), a person may not operate a civil subsonic 
     turbojet with a maximum weight of 75,000 pounds or less to or 
     from an airport in the United States unless the Secretary of 
     Transportation finds that the aircraft complies with stage 3 
     noise levels.
       ``(b) Exception.--Subsection (a) shall not apply to 
     aircraft operated only outside the 48 contiguous States.
       ``(c) Opt-Out.--Subsection (a) shall not apply at an 
     airport where the airport operator has notified the Secretary 
     that it wants to continue to

[[Page 5065]]

     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
       (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

[[Page 5066]]

     ``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 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;

[[Page 5067]]

       (F) compliance with dispatch procedures; and
       (G) requirements for medical equipment and personnel 
     onboard the aircraft.
       (4) Such other matters as the Comptroller General considers 
     relevant to the purpose of the study.
       (c) Analysis and Recommendations.--Based on information 
     obtained under subsection (b) and other information the 
     Comptroller General considers appropriate, the report shall 
     also include an analysis and specific recommendations, as 
     appropriate, related to--
       (1) the relationship between State regulation and Federal 
     preemption of rates, routes, and services of air ambulances;
       (2) the extent to which Federal law may impact existing 
     State regulation of air ambulances and the potential effect 
     of greater State regulation--
       (A) in the air ambulance industry, on the economic 
     viability of air ambulance services, the availability and 
     coordination of service, and costs of operations both in 
     rural and highly populated areas;
       (B) on the quality of patient care and outcomes; and
       (C) on competition and safety; and
       (3) whether systemic or other problems exist on a 
     statewide, regional, or national basis with the current 
     system governing air ambulances.
       (d) Report.--Not later than June 1, 2010, the Comptroller 
     General shall submit a report to the Secretary of 
     Transportation, the Senate Committee on Commerce, Science, 
     and Transportation, and the House of Representatives 
     Committee on Transportation and Infrastructure containing the 
     Government Accountability Office's findings and 
     recommendations regarding the study under this section.
       (e) Adoption of Recommended Policy Changes.--Not later than 
     60 days after the date of receipt of the report under 
     subsection (d), the Secretary shall issue a report to the 
     Senate Committee on Commerce, Science, and Transportation, 
     and the House of Representatives Committee on Transportation 
     and Infrastructure that--
       (1) specifies which, if any, policy changes recommended by 
     the Comptroller General and any other policy changes with 
     respect to air ambulances the Secretary will adopt and 
     implement; and
       (2) includes recommendations for legislative change, if 
     appropriate
       (f) Part 135 Certificate Holder Defined.--In this section, 
     the term ``part 135 certificate holder'' means a person 
     holding a certificate issued under part 135 of title 14, Code 
     of Federal Regulations.

     SEC. 718. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN 
                   WASHINGTON AIRPORTS AUTHORITY.

       (a) In General.--Section 49108 is repealed.
       (b) Conforming Repeal.--The table of sections for chapter 
     491 is amended by striking the item relating to section 
     49108.

     SEC. 719. STUDY OF AERONAUTICAL MOBILE TELEMETRY.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Federal Aviation 
     Administration, in consultation with other Federal agencies, 
     shall submit a report to the Senate Committee on Commerce, 
     Science, and Transportation, the House of Representatives 
     Committee on Science and Technology, and the House of 
     Representatives Committee on Energy and Commerce that 
     identifies--
       (1) the current and anticipated need over the next decade 
     by civil aviation, including equipment manufacturers, for 
     aeronautical mobile telemetry services; and
       (2) the potential impact to the aerospace industry of the 
     introduction of a new radio service operating in the same 
     spectrum allocated to the aeronautical mobile telemetry 
     service.

     SEC. 720. FLIGHTCREW MEMBER PAIRING AND CREW RESOURCE 
                   MANAGEMENT TECHNIQUES.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on aviation industry 
     best practices with regard to flightcrew member pairing, crew 
     resource management techniques, and pilot commuting.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit a 
     report to the House of Representatives Committee on 
     Transportation and Infrastructure and the Senate Committee on 
     Commerce, Science, and Transportation on the results of the 
     study.

     SEC. 721. CONSOLIDATION OR ELIMINATION OF OBSOLETE, 
                   REDUNDANT, OR OTHERWISE UNNECESSARY REPORTS; 
                   USE OF ELECTRONIC MEDIA FORMAT.

       (a) Consolidation or Elimination of Reports.--No later than 
     2 years after the date of enactment of this Act, and every 2 
     years thereafter, the Administrator of the Federal Aviation 
     Administration shall submit a report to the Senate Committee 
     on Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure containing--
       (1) a list of obsolete, redundant, or otherwise unnecessary 
     reports the Administration is required by law to submit to 
     the Congress or publish that the Administrator recommends 
     eliminating or consolidating with other reports; and
       (2) an estimate of the cost savings that would result from 
     the elimination or consolidation of those reports.
       (b) Use of Electronic Media for Reports.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Federal Aviation Administration--
       (A) may not publish any report required or authorized by 
     law in printed format; and
       (B) shall publish any such report by posting it on the 
     Administration's website in an easily accessible and 
     downloadable electronic format.
       (2) Exception.--Paragraph (1) does not apply to any report 
     with respect to which the Administrator determines that--
       (A) its publication in printed format is essential to the 
     mission of the Federal Aviation Administration; or
       (B) its publication in accordance with the requirements of 
     paragraph (1) would disclose matter--
       (i) described in section 552(b) of title 5, United States 
     Code; or
       (ii) the disclosure of which would have an adverse impact 
     on aviation safety or security, as determined by the 
     Administrator.

     SEC. 722. LINE CHECK EVALUATIONS.

       Section 44729(h) is amended--
       (1) by striking paragraph (2); and
       (2) by redesignating paragraph (3) as paragraph (2).

     SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR TRAFFIC 
                   CONTROL TOWER.

       Not later than 90 days after the date of the enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall report to the Committee on Commerce, 
     Science, and Transportation of the Senate, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives, on the Federal Aviation Administration's 
     plan to staff the Newark Liberty Airport air traffic control 
     tower at negotiated staffing levels within 1 year after such 
     date of enactment.

     SEC. 724 PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD 
                   WEATHER STATES.

       The Administrator of the Federal Aviation Administration 
     shall, to the maximum extent practicable, schedule the 
     Administrator's review of construction projects so that 
     projects to be carried out in States in which the weather 
     during a typical calendar year prevents major construction 
     projects from being carried out before May 1 are reviewed as 
     early as possible.

     SEC. 725. AIR-RAIL CODESHARE STUDY.

       (a) Codeshare Study.--Not later than 180 days after the 
     date of the enactment of this Act, the GAO shall conduct a 
     study of--
       (1) the current airline and intercity passenger rail 
     codeshare arrangements;
       (2) the feasibility and costs to taxpayers and passengers 
     of increasing intermodal connectivity of airline and 
     intercity passenger rail facilities and systems to improve 
     passenger travel.
       (b) Considerations.--The study shall consider--
       (1) the potential benefits to passengers and costs to 
     taxpayers from the implementation of more integrated 
     scheduling between airlines and Amtrak or other intercity 
     passenger rail carriers achieved through codesharing 
     arrangements;
       (2) airport operations that can improve connectivity to 
     intercity passenger rail facilities and stations.
       (c) Report.--Not later than 1 year after commencing the 
     study required by subsection (a), the Comptroller shall 
     submit the report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives. The report shall include any conclusions of 
     the Comptroller resulting from the study.

     SEC. 726. ON-GOING MONITORING OF AND REPORT ON THE NEW YORK/
                   NEW JERSEY/PHILADELPHIA METROPOLITAN AREA 
                   AIRSPACE REDESIGN.

       Not later than 270 days after the date of the enactment of 
     this Act and every 180 days thereafter until the completion 
     of the New York/New Jersey/Philadelphia Metropolitan Area 
     Airspace Redesign, the Administrator of the Federal Aviation 
     Administration shall, in conjunction with the Port Authority 
     of New York and New Jersey and the Philadelphia International 
     Airport--
       (1) monitor the air noise impacts of the New York/New 
     Jersey/Philadelphia Metropolitan Area Airspace Redesign; and
       (2) submit to Congress a report on the findings of the 
     Administrator with respect to the monitoring described in 
     paragraph (1).

     SEC. 727. STUDY ON AVIATION FUEL PRICES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study and report to Congress on 
     the impact of increases in aviation fuel prices on the 
     Airport and Airway Trust Fund and the aviation industry in 
     general. The study shall include the impact of increases in 
     aviation fuel prices on--
       (1) general aviation;
       (2) commercial passenger aviation;
       (3) piston aircraft purchase and use;
       (4) the aviation services industry, including repair and 
     maintenance services;
       (5) aviation manufacturing;
       (6) aviation exports; and
       (7) the use of small airport installations.
       (b) Assumptions About Aviation Fuel Prices.--In conducting 
     the study required by subsection (a), the Comptroller General 
     shall use the average aviation fuel price for fiscal year 
     2010 as a baseline and measure the impact of increases in 
     aviation fuel prices that range from 5 percent to 200 percent 
     over the 2010 baseline.

     SEC. 728. LAND CONVEYANCE FOR SOUTHERN NEVADA SUPPLEMENTAL 
                   AIRPORT.

       (a) Definitions.--In this section:
       (1) County.--The term ``County'' means Clark County, 
     Nevada.

[[Page 5068]]

       (2) Public land.--The term ``public land'' means the land 
     located at--
       (A) sec. 23 and sec. 26, T. 26 S., R. 59 E., Mount Diablo 
     Meridian;
       (B) the NE \1/4\ and the N \1/2\ of the SE \1/4\ of sec. 6, 
     T. 25 S., R. 59 E., Mount Diablo Meridian, together with the 
     SE \1/4\ of sec. 31, T. 24 S., R. 59 E., Mount Diablo 
     Meridian; and
       (C) sec. 8, T. 26 S., R. 60 E., Mount Diablo Meridian.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Land Conveyance.--
       (1) In general.--As soon as practicable after the date 
     described in paragraph (2), subject to valid existing rights, 
     and notwithstanding the land use planning requirements of 
     sections 202 and 203 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary 
     shall convey to the County, without consideration, all right, 
     title, and interest of the United States in and to the public 
     land.
       (2) Date on which conveyance may be made.--The Secretary 
     shall not make the conveyance described in paragraph (1) 
     until the later of the date on which the Administrator of the 
     Federal Aviation Administration has--
       (A) approved an airport layout plan for an airport to be 
     located in the Ivanpah Valley; and
       (B) with respect to the construction and operation of an 
     airport on the site conveyed to the County pursuant to 
     section 2(a) of the Ivanpah Valley Airport Public Lands 
     Transfer Act (Public Law 106-362; 114 Stat. 1404), issued a 
     record of decision after the preparation of an environmental 
     impact statement or similar analysis required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (3) Withdrawal.--Subject to valid existing rights, the 
     public land to be conveyed under paragraph (1) is withdrawn 
     from--
       (A) location, entry, and patent under the mining laws; and
       (B) operation of the mineral leasing and geothermal leasing 
     laws.
       (4) Use.--The public land conveyed under paragraph (1) 
     shall be used for the development of flood mitigation 
     infrastructure for the Southern Nevada Supplemental Airport.

     SEC. 729. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS 
                   OPERATING CHARITABLE MEDICAL FLIGHTS.

       In administering part 61.113(c) of title 14, Code of 
     Federal Regulations, the Administrator of the Federal 
     Aviation Administration shall allow an aircraft owner or 
     aircraft operator who has volunteered to provide 
     transportation for an individual or individuals for medical 
     purposes to accept reimbursement to cover all or part of the 
     fuel costs associated with the operation from a volunteer 
     pilot organization.

     SEC. 730. CYLINDERS OF COMPRESSED OXYGEN, NITROUS OXIDE, OR 
                   OTHER OXIDIZING GASES.

       (a) In General.--The transportation within Alaska of 
     cylinders of compressed oxygen, nitrous oxide, or other 
     oxidizing gases aboard aircraft shall be exempt from 
     compliance with the requirements, under sections 
     173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4) of the 
     Pipeline and Hazardous Material Safety Administration's 
     regulations (49 C.F.R. 173.302(f)(3) and (f)(4) and 
     173.304(f)(3) and (f)(4)), that oxidizing gases transported 
     aboard aircraft be enclosed in outer packaging capable of 
     passing the flame penetration and resistance test and the 
     thermal resistance test, without regard to the end use of the 
     cylinders, if--
       (1) there is no other practical means of transportation for 
     transporting the cylinders to their destination and 
     transportation by ground or vessel is unavailable; and
       (2) the transportation meets the requirements of subsection 
     (b).
       (b) Exemption Requirements.--Subsection (a) shall not apply 
     to the transportation of cylinders of compressed oxygen, 
     nitrous oxide, or other oxidizing gases aboard aircraft 
     unless the following requirements are met:
       (1) Packaging.--
       (A) Smaller cylinders.--Each cylinder with a capacity of 
     not more than 116 cubic feet shall be--
       (i) fully covered with a fire or flame resistant blanket 
     that is secured in place; and
       (ii) placed in a rigid outer packaging or an ATA 300 
     Category 1 shipping container.
       (B) Larger cylinders.--Each cylinder with a capacity of 
     more than 116 cubic feet but not more than 281 cubic feet 
     shall be--
       (i) secured within a frame;
       (ii) fully covered with a fire or flame resistant blanket 
     that is secured in place; and
       (iii) fitted with a securely attached metal cap of 
     sufficient strength to protect the valve from damage during 
     transportation.
       (2) Operational controls.--
       (A) Storage; access to fire extinguishers.--Unless the 
     cylinders are stored in a Class C cargo compartment or its 
     equivalent on the aircraft, crew members shall have access to 
     the cylinders and at least 2 fire extinguishers shall be 
     readily available for use by the crew members.
       (B) Shipment with other hazardous materials.--The cylinders 
     may not be transported in the same aircraft with other 
     hazardous materials other than Division 2.2 materials with no 
     subsidiary risk, Class 9 materials, and ORM-D materials.
       (3) Aircraft requirements.--
       (A) Aircraft type.--The transportation shall be provided 
     only aboard a passenger-carrying aircraft or a cargo 
     aircraft.
       (B) Passenger-carrying aircraft.--
       (i) Smaller cylinders only.--A cylinder with a capacity of 
     more than 116 cubic feet may not be transported aboard a 
     passenger-carrying aircraft.
       (ii) Maximum number.--Unless transported in a Class C cargo 
     compartment or its equivalent, no more than 6 cylinders in 
     each cargo compartment may be transported aboard a passenger-
     carrying aircraft.
       (C) Cargo aircraft.--A cylinder may not be transported 
     aboard a cargo aircraft unless it is transported in a Class B 
     cargo compartment or a Class C cargo compartment or its 
     equivalent.
       (c) Definitions.--Terms used in this section shall have the 
     meaning given those terms in parts 106, 107, and 171 through 
     180 of the Pipeline and Hazardous Material Safety 
     Administration's regulations (49 C.F.R. parts 106, 107, and 
     171-180).

     SEC. 731. TECHNICAL CORRECTION.

       Section 159(b)(2)(C) of title I of division A of the 
     Consolidated Appropriations Act, 2010, is amended by striking 
     clauses (i) and (ii) and inserting the following:
       ``(i) requiring inspections of any container containing a 
     firearm or ammunition; and
       ``(ii) the temporary suspension of firearm carriage service 
     if credible intelligence information indicates a threat 
     related to the national rail system or specific routes or 
     trains.''.

     SEC. 732. PLAN FOR FLYING SCIENTIFIC INSTRUMENTS ON 
                   COMMERCIAL FLIGHTS.

       (a) Plan Development.--Not later than 270 days after the 
     date of the enactment of this Act, the Secretary of 
     Transportation and the Secretary of Commerce, in consultation 
     with interested representatives of the aviation industry and 
     other relevant agencies, shall develop a plan and process to 
     allow Federal agencies to fly scientific instruments on 
     commercial flights with airlines who volunteer, for the 
     purpose of taking measurements to improve weather 
     forecasting.

 TITLE VIII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

     SEC. 800. AMENDMENT OF 1986 CODE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Internal Revenue Code of 1986.

     SEC. 801. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST 
                   FUND.

       (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) is 
     amended by striking ``March 31, 2010'' and inserting 
     ``September 30, 2013''.
       (b) Ticket Taxes.--
       (1) Persons.--Clause (ii) of section 4261(j)(1)(A) is 
     amended by striking ``March 31, 2010'' and inserting 
     ``September 30, 2013''.
       (2) Property.--Clause (ii) of section 4271(d)(1)(A) is 
     amended by striking ``March 31, 2010'' and inserting 
     ``September 30, 2013''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2010.

     SEC. 802. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND 
                   EXPENDITURE AUTHORITY.

       (a) In General.--Paragraph (1) of section 9502(d) is 
     amended--
       (1) by striking ``April 1, 2010'' in the matter preceding 
     subparagraph (A) and inserting ``October 1, 2013'', and
       (2) by striking the semicolon at the end of subparagraph 
     (A) and inserting ``or the FAA Air Transportation 
     Modernization and Safety Improvement Act;''.
       (b) Conforming Amendment.--Paragraph (2) of section 9502(e) 
     is amended by striking ``April 1, 2010'' and inserting 
     ``October 1, 2013''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on April 1, 2010.

     SEC. 803. MODIFICATION OF EXCISE TAX ON KEROSENE USED IN 
                   AVIATION.

       (a) Rate of Tax on Aviation-grade Kerosene.--
       (1) In general.--Subparagraph (A) of section 4081(a)(2) 
     (relating to rates of tax) is amended by striking ``and'' at 
     the end of clause (ii), by striking the period at the end of 
     clause (iii) and inserting ``, and'', and by adding at the 
     end the following new clause:
       ``(iv) in the case of aviation-grade kerosene, 35.9 cents 
     per gallon.''.
       (2) Fuel removed directly into fuel tank of airplane used 
     in noncommercial aviation.--Subparagraph (C) of section 
     4081(a)(2) is amended to read as follows:
       ``(C) Taxes imposed on fuel used in commercial aviation.--
     In the case of aviation-grade kerosene which is removed from 
     any refinery or terminal directly into the fuel tank of an 
     aircraft for use in commercial aviation by a person 
     registered for such use under section 4101, the rate of tax 
     under subparagraph (A)(iv) shall be 4.3 cents per gallon.''.
       (3) Exemption for aviation-grade kerosene removed into an 
     aircraft.--Subsection (e) of section 4082 is amended--
       (A) by striking ``kerosene'' and inserting ``aviation-grade 
     kerosene'',
       (B) by striking ``section 4081(a)(2)(A)(iii)'' and 
     inserting ``section 4081(a)(2)(A)(iv)'', and
       (C) by striking ``Kerosene'' in the heading and inserting 
     ``Aviation-Grade Kerosene''.
       (4) Conforming amendments.--
       (A) Clause (iii) of section 4081(a)(2)(A) is amended by 
     inserting ``other than aviation-grade kerosene'' after 
     ``kerosene''.
       (B) The following provisions are each amended by striking 
     ``kerosene'' and inserting ``aviation-grade kerosene'':
       (i) Section 4081(a)(3)(A)(ii).
       (ii) Section 4081(a)(3)(A)(iv).
       (iii) Section 4081(a)(3)(D).

[[Page 5069]]

       (C) Section 4081(a)(3)(D) is amended--
       (i) by striking ``paragraph (2)(C)(i)'' in clause (i) and 
     inserting ``paragraph (2)(C)'', and
       (ii) by striking ``paragraph (2)(C)(ii)'' in clause (ii) 
     and inserting ``paragraph (2)(A)(iv)''.
       (D) Section 4081(a)(4) is amended--
       (i) in the heading by striking ``kerosene'' and inserting 
     ``aviation-grade kerosene'', and
       (ii) by striking ``paragraph (2)(C)(i)'' and inserting 
     ``paragraph (2)(C)''.
       (E) Section 4081(d)(2) is amended by striking 
     ``(a)(2)(C)(ii)'' and inserting ``(a)(2)(A)(iv)''.
       (b) Retail Tax on Aviation Fuel.--
       (1) Exemption for previously taxed fuel.--Paragraph (2) of 
     section 4041(c) is amended by inserting ``at the rate 
     specified in subsection (a)(2)(A)(iv) thereof'' after 
     ``section 4081''.
       (2) Rate of tax.--Paragraph (3) of section 4041(c) is 
     amended to read as follows:
       ``(3) Rate of tax.--The rate of tax imposed by this 
     subsection shall be the rate of tax in effect under section 
     4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any 
     sale or use for commercial aviation).''.
       (c) Refunds Relating to Aviation-grade Kerosene.--
       (1) Kerosene used in commercial aviation.--Clause (ii) of 
     section 6427(l)(4)(A) is amended by striking ``specified in 
     section 4041(c) or 4081(a)(2)(A)(iii), as the case may be,'' 
     and inserting ``so imposed''.
       (2) Kerosene used in aviation.--Paragraph (4) of section 
     6427(l) is amended--
       (A) by striking subparagraph (B) and redesignating 
     subparagraph (C) as subparagraph (B), and
       (B) by amending subparagraph (B), as redesignated by 
     subparagraph (A), to read as follows:
       ``(B) Payments to ultimate, registered vendor.--With 
     respect to any kerosene used in aviation (other than kerosene 
     to which paragraph (6) applies), if the ultimate purchaser of 
     such kerosene waives (at such time and in such form and 
     manner as the Secretary shall prescribe) the right to payment 
     under paragraph (1) and assigns such right to the ultimate 
     vendor, then the Secretary shall pay (without interest) the 
     amount which would be paid under paragraph (1) to such 
     ultimate vendor, but only if such ultimate vendor--
       ``(i) is registered under section 4101, and
       ``(ii) meets the requirements of subparagraph (A), (B), or 
     (D) of section 6416(a)(1).''.
       (3) Aviation-grade kerosene not used in aviation.--
     Subsection (l) of section 6427 is amended by redesignating 
     paragraph (5) as paragraph (6) and by inserting after 
     paragraph (4) the following new paragraph:
       ``(5) Refunds for aviation-grade kerosene not used in 
     aviation.--If tax has been imposed under section 4081 at the 
     rate specified in section 4081(a)(2)(A)(iv) and the fuel is 
     used other than in an aircraft, the Secretary shall pay 
     (without interest) to the ultimate purchaser of such fuel an 
     amount equal to the amount of tax imposed on such fuel 
     reduced by the amount of tax that would be imposed under 
     section 4041 if no tax under section 4081 had been 
     imposed.''.
       (4) Conforming amendments.--
       (A) Section 4082(d)(2)(B) is amended by striking 
     ``6427(l)(5)(B)'' and inserting ``6427(l)(6)(B)''.
       (B) Section 6427(i)(4) is amended--
       (i) by striking ``(4)(C)'' the first two places it occurs 
     and inserting ``(4)(B)'', and
       (ii) by striking ``, (l)(4)(C)(ii), and'' and inserting 
     ``and''.
       (C) The heading of section 6427(l) is amended by striking 
     ``Diesel Fuel and Kerosene'' and inserting ``Diesel Fuel, 
     Kerosene, and Aviation Fuel''.
       (D) Section 6427(l)(1) is amended by striking ``paragraph 
     (4)(C)(i)'' and inserting ``paragraph (4)(B)''.
       (E) Section 6427(l)(4) is amended--
       (i) by striking ``kerosene used in aviation'' in the 
     heading and inserting ``aviation-grade kerosene used in 
     commercial aviation'', and
       (ii) in subparagraph (A)--

       (I) by striking ``kerosene'' and inserting ``aviation-grade 
     kerosene'',
       (II) by striking ``Kerosene used in commercial aviation'' 
     in the heading and inserting ``In general''.

       (d) Transfers to the Airport and Airway Trust Fund.--
       (1) In general.--Subparagraph (C) of section 9502(b)(1) is 
     amended to read as follows:
       ``(C) section 4081 with respect to aviation gasoline and 
     aviation-grade kerosene, and''.
       (2) Transfers on account of certain refunds.--
       (A) In general.--Subsection (d) of section 9502 is 
     amended--
       (i) in paragraph (2) by striking ``(other than subsection 
     (l)(4) thereof)'', and
       (ii) in paragraph (3) by striking ``(other than payments 
     made by reason of paragraph (4) of section 6427(l))''.
       (B) Conforming amendments.--
       (i) Section 9503(b)(4) is amended by striking ``or'' at the 
     end of subparagraph (C), by striking the period at the end of 
     subparagraph (D) and inserting a comma, and by inserting 
     after subparagraph (D) the following:
       ``(E) section 4081 to the extent attributable to the rate 
     specified in clause (ii) or (iv) of section 4081(a)(2)(A), or
       ``(F) section 4041(c).''.
       (ii) Section 9503(c) is amended by striking paragraph (6).
       (iii) Section 9502(a) is amended--

       (I) by striking ``appropriated, credited, or paid into'' 
     and inserting ``appropriated or credited to'', and
       (II) by striking ``, section 9503(c)(7),''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to fuels removed, entered, or sold after June 30, 
     2010.
       (f) Floor Stocks Tax.--
       (1) Imposition of tax.--In the case of aviation fuel which 
     is held on July 1, 2010, by any person, there is hereby 
     imposed a floor stocks tax on aviation fuel equal to--
       (A) the tax which would have been imposed before such date 
     on such fuel had the amendments made by this section been in 
     effect at all times before such date, reduced by
       (B) the sum of--
       (i) the tax imposed before such date on such fuel under 
     section 4081 of the Internal Revenue Code of 1986, as in 
     effect on such date, and
       (ii) in the case of kerosene held exclusively for such 
     person's own use, the amount which such person would (but for 
     this clause) reasonably expect (as of such date) to be paid 
     as a refund under section 6427(l) of such Code with respect 
     to such kerosene.
       (2) Liability for tax and method of payment.--
       (A) Liability for tax.--A person holding aviation fuel on 
     July 1, 2010, shall be liable for such tax.
       (B) Time and method of payment.--The tax imposed by 
     paragraph (1) shall be paid at such 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.

[[Page 5070]]

       ``(3) Expenditures from account.--Amounts in the Air 
     Traffic Control System Modernization Account shall be 
     available subject to appropriation for expenditures relating 
     to the modernization of the air traffic control system 
     (including facility and equipment account expenditures).''.
       (b) Conforming Amendment.--Section 9502(d)(1) is amended by 
     striking ``Amounts'' and inserting ``Except as provided in 
     subsection (f), amounts''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP 
                   PROGRAMS.

       (a) Fuel Surtax.--
       (1) In general.--Subchapter B of chapter 31 is amended by 
     adding at the end the following new section:

     ``SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF A 
                   FRACTIONAL OWNERSHIP PROGRAM.

       ``(a) In General.--There is hereby imposed a tax on any 
     liquid used during any calendar quarter by any person as a 
     fuel in an aircraft which is--
       ``(1) registered in the United States, and
       ``(2) part of a fractional ownership aircraft program.
       ``(b) Amount of Tax.--The rate of tax imposed by subsection 
     (a) is 14.1 cents per gallon.
       ``(c) Fractional Ownership Aircraft Program.--For purposes 
     of this section--
       ``(1) In general.--The term `fractional ownership aircraft 
     program' means a program under which--
       ``(A) a single fractional ownership program manager 
     provides fractional ownership program management services on 
     behalf of the fractional owners,
       ``(B) 2 or more airworthy aircraft are part of the program,
       ``(C) there are 1 or more fractional owners per program 
     aircraft, with at least 1 program aircraft having more than 1 
     owner,
       ``(D) each fractional owner possesses at least a minimum 
     fractional ownership interest in 1 or more program aircraft,
       ``(E) there exists a dry-lease exchange arrangement among 
     all of the fractional owners, and
       ``(F) there are multi-year program agreements covering the 
     fractional ownership, fractional ownership program management 
     services, and dry-lease aircraft exchange aspects of the 
     program.
       ``(2) Minimum fractional ownership interest.--
       ``(A) In general.--The term `minimum fractional ownership 
     interest' means, with respect to each type of aircraft--
       ``(i) a fractional ownership interest equal to or greater 
     than \1/16\ of at least 1 subsonic, fixed wing or powered 
     lift program aircraft, or
       ``(ii) a fractional ownership interest equal to or greater 
     than \1/32\ of a least 1 rotorcraft program aircraft.
       ``(B) Fractional ownership interest.--The term `fractional 
     ownership interest' means--
       ``(i) the ownership of an interest in a program aircraft,
       ``(ii) the holding of a multi-year leasehold interest in a 
     program aircraft, or
       ``(iii) the holding of a multi-year leasehold interest 
     which is convertible into an ownership interest in a program 
     aircraft.
       ``(3) Dry-lease exchange arrangement.--A `dry-lease 
     aircraft exchange' means an agreement, documented by the 
     written program agreements, under which the program aircraft 
     are available, on an as needed basis without crew, to each 
     fractional owner.
       ``(d) Termination.--This section shall not apply to liquids 
     used as a fuel in an aircraft after September 30, 2013.''.
       (2) Conforming amendment.--Section 4082(e) is amended by 
     inserting ``(other than an aircraft described in section 
     4043(a))'' after ``an aircraft''.
       (3) Transfer of revenues to airport and airway trust 
     fund.--Section 9502(b)(1) is amended by redesignating 
     subparagraphs (B) and (C) as subparagraphs (C) and (D), 
     respectively, and by inserting after subparagraph (A) the 
     following new subparagraph:
       ``(B) section 4043 (relating to surtax on fuel used in 
     aircraft part of a fractional ownership program),''.
       (4) Clerical amendment.--The table of sections for 
     subchapter B of chapter 31 is amended by adding at the end 
     the following new item:

``Sec. 4043. Surtax on fuel used in aircraft part of a fractional 
              ownership program.''.

       (b) Fractional Ownership Programs Treated as Non-commercial 
     Aviation.--Subsection (b) of section 4083 is amended by 
     adding at the end the following new sentence: ``For uses of 
     aircraft before October 1, 2013, such term shall not include 
     the use of any aircraft which is part of a fractional 
     ownership aircraft program (as defined by section 
     4043(c)).''.
       (c) Exemption From Tax on Transportation of Persons.--
     Section 4261, as amended by this Act, is amended by 
     redesignating subsection (j) as subsection (k) and by 
     inserting after subsection (i) the following new subsection:
       ``(j) Exemption for Aircraft in Fractional Ownership 
     Aircraft Programs.--No tax shall be imposed by this section 
     or section 4271 on any air transportation provided before 
     October 1, 2013, by an aircraft which is part of a fractional 
     ownership aircraft program (as defined by section 
     4043(c)).''.
       (d) Effective Dates.--
       (1) Subsection (a).--The amendments made by subsection (a) 
     shall apply to fuel used after June 30, 2010.
       (2) Subsection (b).--The amendment made by subsection (b) 
     shall apply to uses of aircraft after June 30, 2010.
       (3) Subsection (c).--The amendments made by subsection (c) 
     shall apply to taxable transportation provided after June 30, 
     2010.

     SEC. 806. TERMINATION OF EXEMPTION FOR SMALL AIRCRAFT ON 
                   NONESTABLISHED LINES.

       (a) In General.--Section 4281 is amended to read as 
     follows:

     ``SEC. 4281. SMALL AIRCRAFT OPERATED SOLELY FOR SIGHTSEEING.

       ``The taxes imposed by sections 4261 and 4271 shall not 
     apply to transportation by an aircraft having a maximum 
     certificated takeoff weight of 6,000 pounds or less at any 
     time during which such aircraft is being operated on a flight 
     the sole purpose of which is sightseeing. For purposes of the 
     preceding sentence, the term `maximum certificated takeoff 
     weight' means the maximum such weight contained in the type 
     certificate or airworthiness certificate.''.
       (b) Conforming Amendment.--The item relating to section 
     4281 in the table of sections for part III of subchapter C of 
     chapter 33 is amended by striking ``on nonestablished lines'' 
     and inserting ``operated solely for sightseeing''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable transportation provided after June 30, 
     2010.

     SEC. 807. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.

       (a) In General.--Section 7275 (relating to penalty for 
     offenses relating to certain airline tickets and advertising) 
     is amended--
       (1) by redesignating subsection (c) as subsection (d),
       (2) by striking ``subsection (a) or (b)'' in subsection 
     (d), as so redesignated, and inserting ``subsection (a), (b), 
     or (c)'', and
       (3) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Non-tax Charges.--
       ``(1) In general.--In the case of transportation by air for 
     which disclosure on the ticket or advertising for such 
     transportation of the amounts paid for passenger taxes is 
     required by subsection (a)(2) or (b)(1)(B), it shall be 
     unlawful for the disclosure of the amount of such taxes on 
     such ticket or advertising to include any amounts not 
     attributable to the taxes imposed by subsection (a), (b), or 
     (c) of section 4261.
       ``(2) Inclusion in transportation cost.--Nothing in this 
     subsection shall prohibit the inclusion of amounts not 
     attributable to the taxes imposed by subsection (a), (b), or 
     (c) of section 4261 in the disclosure of the amount paid for 
     transportation as required by subsection (a)(1) or (b)(1)(A), 
     or in a separate disclosure of amounts not attributable to 
     such taxes.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable transportation provided after June 30, 
     2010.

                      TITLE IX--BUDGETARY EFFECTS

     SEC. 901. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

   TITLE X--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL 
                         REPORTING REQUIREMENT

     SEC. 1001. DEFINITION.

       In this title, the term ``earmark'' means the following:
       (1) A congressionally directed spending item, as defined in 
     Rule XLIV of the Standing Rules of the Senate.
       (2) A congressional earmark, as defined for purposes of 
     Rule XXI of the Rules of the House of Representatives.

     SEC. 1002. RESCISSION.

       Any earmark of funds provided for the Department of 
     Transportation with more than 90 percent of the appropriated 
     amount remaining available for obligation at the end of the 
     9th fiscal year following the fiscal year in which the 
     earmark was made available is rescinded effective at the end 
     of that 9th fiscal year, except that the Secretary of 
     Transportation may delay any such rescission if the Secretary 
     determines that an additional obligation of the earmark is 
     likely to occur during the following 12-month period.

     SEC. 1003. AGENCY WIDE IDENTIFICATION AND REPORTS.

       (a) Agency Identification.--Each Federal agency shall 
     identify and report every project that is an earmark with an 
     unobligated balance at the end of each fiscal year to the 
     Director of OMB.
       (b) Annual Report.--The Director of OMB shall submit to 
     Congress and publically post on the website of OMB an annual 
     report that includes--
       (1) a listing and accounting for earmarks with unobligated 
     balances summarized by agency including the amount of the 
     original earmark, amount of the unobligated balance, and the 
     year when the funding expires, if applicable;
       (2) the number of rescissions resulting from this title and 
     the annual savings resulting from this title for the previous 
     fiscal year; and
       (3) a listing and accounting for earmarks provided for the 
     Department of Transportation scheduled to be rescinded at the 
     end of the current fiscal year.

[[Page 5071]]

         Amend the title so as to read: ``An Act to modernize the 
     air traffic control system, improve the safety, reliability, 
     and availability of transportation by air in the United 
     States, provide for modernization of the air traffic control 
     system, reauthorize the Federal Aviation Administration, and 
     for other purposes.''.


                            Motion to Concur

  Mr. OBERSTAR. Mr. Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Motion offered by Mr. Oberstar of Minnesota:
       Mr. Oberstar moves that the House concur in the Senate 
     amendment to the title and that the House concur in the 
     Senate amendment to the text with an amendment.

  The text of the House amendment to the Senate amendment is as 
follows:

       House amendment to Senate amendment:
       In lieu of the matter proposed to be inserted by the 
     amendment of the Senate to the text of the bill, insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Aviation 
     Safety and Investment Act of 2010''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

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

                 Subtitle B--Passenger Facility Charges

Sec. 111. PFC authority.
Sec. 112. PFC eligibility for bicycle storage.
Sec. 113. Award of architectural and engineering contracts for airside 
              projects.
Sec. 114. Intermodal ground access project pilot program.
Sec. 115. Participation of disadvantaged business enterprises in 
              contracts, subcontracts, and business opportunities 
              funded using passenger facility revenues and in airport 
              concessions.
Sec. 116. Impacts on airports of accommodating connecting passengers.

                   Subtitle C--Fees for FAA Services

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

                     Subtitle D--AIP Modifications

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

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

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

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

Sec. 301. Judicial review of denial of airman certificates.
Sec. 302. Release of data relating to abandoned type certificates and 
              supplemental type certificates.
Sec. 303. Inspection of foreign repair stations.
Sec. 304. Runway safety.
Sec. 305. Improved pilot licenses.
Sec. 306. Flight crew fatigue.
Sec. 307. Occupational safety and health standards for flight 
              attendants on board aircraft.
Sec. 308. Aircraft surveillance in mountainous areas.
Sec. 309. Off-airport, low-altitude aircraft weather observation 
              technology.
Sec. 310. Noncertificated maintenance providers.
Sec. 311. Aircraft rescue and firefighting standards.
Sec. 312. Cockpit smoke.
Sec. 313. Safety of helicopter air ambulance operations.
Sec. 314. Feasibility of requiring helicopter pilots to use night 
              vision goggles.
Sec. 315. Study of helicopter and fixed wing air ambulance services.

                 Subtitle B--Unmanned Aircraft Systems

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

                   Subtitle C--Safety and Protections

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

       Subtitle D--Airline Safety and Pilot Training Improvement

Sec. 341. Short title.
Sec. 342. Definitions.
Sec. 343. FAA Task Force on Air Carrier Safety and Pilot Training.
Sec. 344. Implementation of NTSB flight crewmember training 
              recommendations.
Sec. 345. Secretary of Transportation responses to safety 
              recommendations.
Sec. 346. FAA pilot records database.
Sec. 347. FAA rulemaking on training programs.
Sec. 348. Aviation safety inspectors and operational research analysts.
Sec. 349. Flight crewmember mentoring, professional development, and 
              leadership.
Sec. 350. Flight crewmember screening and qualifications.
Sec. 351. Airline transport pilot certification.
Sec. 352. Flight schools, flight education, and pilot academic 
              training.
Sec. 353. Voluntary safety programs.
Sec. 354. ASAP and FOQA implementation plan.
Sec. 355. Safety management systems.
Sec. 356. Disclosure of air carriers operating flights for tickets sold 
              for air transportation.
Sec. 357. Pilot fatigue.
Sec. 358. Flight crewmember pairing and crew resource management 
              techniques.

                   TITLE IV--AIR SERVICE IMPROVEMENTS

Sec. 401. Smoking prohibition.
Sec. 402. Monthly air carrier reports.
Sec. 403. Flight operations at Reagan National Airport.
Sec. 404. EAS contract guidelines.
Sec. 405. Essential air service reform.
Sec. 406. Small community air service.
Sec. 407. Air passenger service improvements.
Sec. 408. Contents of competition plans.
Sec. 409. Extension of competitive access reports.
Sec. 410. Contract tower program.
Sec. 411. Airfares for members of the Armed Forces.
Sec. 412. Repeal of essential air service local participation program.
Sec. 413. Adjustment to subsidy cap to reflect increased fuel costs.

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Sec. 414. Notice to communities prior to termination of eligibility for 
              subsidized essential air service.
Sec. 415. Restoration of eligibility to a place determined by the 
              Secretary to be ineligible for subsidized essential air 
              service.
Sec. 416. Office of Rural Aviation.
Sec. 417. Adjustments to compensation for significantly increased 
              costs.
Sec. 418. Review of air carrier flight delays, cancellations, and 
              associated causes.
Sec. 419. European Union rules for passenger rights.
Sec. 420. Establishment of advisory committee for aviation consumer 
              protection.
Sec. 421. Denied boarding compensation.
Sec. 422. Compensation for delayed baggage.
Sec. 423. Schedule reduction.
Sec. 424. Expansion of DOT airline consumer complaint investigations.
Sec. 425. Prohibitions against voice communications using mobile 
              communications devices on scheduled flights.
Sec. 426. Antitrust exemptions.
Sec. 427. Musical instruments.

          TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

Sec. 501. Amendments to air tour management program.
Sec. 502. State block grant program.
Sec. 503. Airport funding of special studies or reviews.
Sec. 504. Grant eligibility for assessment of flight procedures.
Sec. 505. Determination of fair market value of residential properties.
Sec. 506. Soundproofing of residences.
Sec. 507. CLEEN research, development, and implementation partnership.
Sec. 508. Prohibition on operating certain aircraft weighing 75,000 
              pounds or less not complying with stage 3 noise levels.
Sec. 509. Environmental mitigation pilot program.
Sec. 510. Aircraft departure queue management pilot program.
Sec. 511. High performance and sustainable air traffic control 
              facilities.
Sec. 512. Regulatory responsibility for aircraft engine noise and 
              emissions standards.
Sec. 513. Cabin air quality technology.
Sec. 514. Sense of Congress.
Sec. 515. Airport noise compatibility planning study, Port Authority of 
              New York and New Jersey.
Sec. 516. GAO study on compliance with FAA record of decision.
Sec. 517. Westchester County Airport, New York.
Sec. 518. Aviation noise complaints.

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

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

                     TITLE VII--AVIATION INSURANCE

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

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Air carrier citizenship.
Sec. 802. Disclosure of data to Federal agencies in interest of 
              national security.
Sec. 803. FAA access to criminal history records and database systems.
Sec. 804. Clarification of air carrier fee disputes.
Sec. 805. Study on national plan of integrated airport systems.
Sec. 806. Express carrier employee protection.
Sec. 807. Consolidation and realignment of FAA facilities.
Sec. 808. Accidental death and dismemberment insurance for National 
              Transportation Safety Board employees.
Sec. 809. GAO study on cooperation of airline industry in international 
              child abduction cases.
Sec. 810. Lost Nation Airport, Ohio.
Sec. 811. Pollock Municipal Airport, Louisiana.
Sec. 812. Human intervention and motivation study program.
Sec. 813. Washington, DC, Air Defense Identification Zone.
Sec. 814. Merrill Field Airport, Anchorage, Alaska.
Sec. 815. 1940 Air Terminal Museum at William P. Hobby Airport, 
              Houston, Texas.
Sec. 816. Duty periods and flight time limitations applicable to flight 
              crewmembers.
Sec. 817. Pilot program for redevelopment of airport properties.
Sec. 818. Helicopter operations over Long Island and Staten Island, New 
              York.
Sec. 819. Cabin temperature and humidity standards study.
Sec. 820. Civil penalties technical amendments.
Sec. 821. Study and report on alleviating congestion.
Sec. 822. Airline personnel training enhancement.
Sec. 823. Study on Feasibility of Development of a Public Internet Web-
              based Search Engine on Wind Turbine Installation 
              Obstruction.
Sec. 824. FAA radar signal locations.
Sec. 825. Wind turbine lighting.
Sec. 826. Prohibition on use of certain funds.
Sec. 827. Limiting access to flight decks of all-cargo aircraft.
Sec. 828. Whistleblowers at FAA.
Sec. 829. College Point Marine Transfer Station, New York.
Sec. 830. Pilot training and certification.
Sec. 831. St. George, Utah.
Sec. 832. Replacement of terminal radar approach control at Palm Beach 
              International Airport.
Sec. 833. Santa Monica Airport, California.

          TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

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

            TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING

Sec. 1001. Short title.
Sec. 1002. Extension and modification of taxes funding airport and 
              airway trust fund.

     TITLE XI--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO-ACT OF 2010

Sec. 1101. Compliance provision.

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

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

     SEC. 3. EFFECTIVE DATE.

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

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

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

       (a) Authorization.--Section 48103 is amended--
       (1) by striking ``September 30, 2003'' and inserting 
     ``September 30, 2008''; and
       (2) by striking paragraphs (1) through (6) and inserting 
     the following:
       ``(1) $4,000,000,000 for fiscal year 2010;
       ``(2) $4,100,000,000 for fiscal year 2011; and
       ``(3) $4,200,000,000 for fiscal year 2012.''.
       (b) Allocations of Funds.--Section 48103 is amended--
       (1) by striking ``The total amounts'' and inserting ``(a) 
     Availability of Amounts.--The total amounts''; and
       (2) by adding at the end the following:
       ``(b) Airport Cooperative Research Program.--Of the amounts 
     made available under subsection (a), $15,000,000 for each of 
     fiscal years 2010 through 2012 may be used for carrying out 
     the Airport Cooperative Research Program.
       ``(c) Airports Technology Research.--Of the amounts made 
     available under subsection (a), $19,348,000 for each of 
     fiscal years 2010 through 2012 may be used for carrying out 
     airports technology research.''.
       (c) Obligational Authority.--Section 47104(c) is amended by 
     striking ``September 30, 2009'' and inserting ``September 30, 
     2012''.
       (d) Rescission of Unobligated Balances.--Of the amounts 
     authorized under sections 48103 and 48112 of title 49, United 
     States Code, for fiscal year 2009, $305,500,000 are hereby 
     rescinded. Of the unobligated balances from funds available 
     under such sections for fiscal years prior to fiscal year 
     2009, $102,000,000 are hereby rescinded.

     SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

       (a) Authorization of Appropriations.--Section 48101(a) is 
     amended by striking paragraphs (1) through (5) and inserting 
     the following:
       ``(1) $3,259,000,000 for fiscal year 2010.
       ``(2) $3,353,000,000 for fiscal year 2011.

[[Page 5073]]

       ``(3) $3,506,000,000 for fiscal year 2012.''.
       (b) Use of Funds.--Section 48101 is amended by striking 
     subsections (c) through (i) and inserting the following:
       ``(c) Wake Vortex Mitigation.--Of amounts appropriated 
     under subsection (a), such sums as may be necessary for each 
     of fiscal years 2010 through 2012 may be used for the 
     development and analysis of wake vortex mitigation, including 
     advisory systems.
       ``(d) Weather Hazards.--
       ``(1) In general.--Of amounts appropriated under subsection 
     (a), such sums as may be necessary for each of fiscal years 
     2010 through 2012 may be used for the development of in-
     flight and ground-based weather threat mitigation systems, 
     including ground de-icing and anti-icing systems and other 
     systems for predicting, detecting, and mitigating the effects 
     of certain weather conditions on both airframes and engines.
       ``(2) Specific hazards.--Weather conditions referred to in 
     paragraph (1) include--
       ``(A) ground-based icing threats such as ice pellets and 
     freezing drizzle;
       ``(B) oceanic weather, including convective weather, and 
     other hazards associated with oceanic operations (where 
     commercial traffic is high and only rudimentary satellite 
     sensing is available) to reduce the hazards presented to 
     commercial aviation, including convective weather ice crystal 
     ingestion threats; and
       ``(C) en route turbulence prediction.
       ``(e) Safety Management Systems.--Of amounts appropriated 
     under subsection (a) and section 106(k)(1), such sums as may 
     be necessary for each of fiscal years 2010 through 2012 may 
     be used to advance the development and implementation of 
     safety management systems.
       ``(f) Runway Incursion Reduction Programs.--Of amounts 
     appropriated under subsection (a), $12,000,000 for fiscal 
     year 2010, $12,000,000 for fiscal year 2011, and $12,000,000 
     for fiscal year 2012 may be used for the development and 
     implementation of runway incursion reduction programs.
       ``(g) Runway Status Lights.--Of amounts appropriated under 
     subsection (a), $125,000,000 for fiscal year 2010, 
     $100,000,000 for 2011, and $50,000,000 for fiscal year 2012 
     may be used for the acquisition and installation of runway 
     status lights.
       ``(h) NextGen Systems Development Programs.--Of amounts 
     appropriated under subsection (a), $102,900,000 for fiscal 
     year 2010, $104,000,000 for fiscal year 2011, and 
     $105,300,000 for fiscal year 2012 may be used for systems 
     development activities associated with NextGen.
       ``(i) NextGen Demonstration Programs.--Of amounts 
     appropriated under subsection (a), $30,000,000 for fiscal 
     year 2010, $30,000,000 for fiscal year 2011, and $30,000,000 
     for fiscal year 2012 may be used for demonstration activities 
     associated with NextGen.
       ``(j) Center for Advanced Aviation System Development.--Of 
     amounts appropriated under subsection (a), $79,000,000 for 
     fiscal year 2010, $79,000,000 for fiscal year 2011, and 
     $80,800,000 for fiscal year 2012 may be used for the Center 
     for Advanced Aviation System Development.
       ``(k) Additional Programs.--Of amounts appropriated under 
     subsection (a), $22,500,000 for fiscal year 2010, $22,500,000 
     for fiscal year 2011, and $22,500,000 for fiscal year 2012 
     may be used for--
       ``(1) system capacity, planning, and improvement;
       ``(2) operations concept validation;
       ``(3) NAS weather requirements; and
       ``(4) Airspace Management Lab.''.

     SEC. 103. FAA OPERATIONS.

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

     SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT.

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

     SEC. 105. FUNDING FOR AVIATION PROGRAMS.

       (a) Airport and Airway Trust Fund Guarantee.--Section 
     48114(a)(1)(A) is amended to read as follows:
       ``(A) In general.--The total budget resources made 
     available from the Airport and Airway

[[Page 5074]]

     Trust Fund each fiscal year through fiscal year 2012 pursuant 
     to sections 48101, 48102, 48103, and 106(k) shall--
       ``(i) in fiscal year 2010, be equal to 90 percent of the 
     estimated level of receipts plus interest credited to the 
     Airport and Airway Trust Fund for that fiscal year; and
       ``(ii) in each of fiscal years 2011 and 2012, be equal to 
     the sum of--

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

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

                 Subtitle B--Passenger Facility Charges

     SEC. 111. PFC AUTHORITY.

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

     SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE.

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

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

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

     SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT PROGRAM.

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

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

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

     SEC. 116. IMPACTS ON AIRPORTS OF ACCOMMODATING CONNECTING 
                   PASSENGERS.

       (a) Study.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     initiate a study to evaluate--
       (1) the impacts on airports of accommodating connecting 
     passengers; and
       (2) the treatment of airports at which the majority of 
     passengers are connecting passengers under the passenger 
     facility charge program authorized by section 40117 of title 
     49, United States Code.
       (b) Contents of Study.--In conducting the study, the 
     Secretary shall review, at a minimum, the following:
       (1) the differences in facility needs, and the costs for 
     constructing, maintaining, and operating those facilities, 
     for airports at which the

[[Page 5075]]

     majority of passengers are connecting passengers as compared 
     to airports at which the majority of passengers are 
     originating and destination passengers;
       (2) whether the costs to an airport of accommodating 
     additional connecting passengers differs from the cost of 
     accommodating additional originating and destination 
     passengers;
       (3) for each airport charging a passenger facility charge, 
     the percentage of passenger facility charge revenue 
     attributable to connecting passengers and the percentage of 
     such revenue attributable to originating and destination 
     passengers;
       (4) the potential effects on airport revenues of requiring 
     airports to charge different levels of passenger facility 
     charges on connecting passengers and originating and 
     destination passengers; and
       (5) the added costs to air carriers of collecting passenger 
     facility charges under a system in which different levels of 
     passenger facility charges are imposed on connecting 
     passengers and originating and destination passengers.
       (c) Report to Congress.--
       (1) In general.--Not later than one year after the date of 
     initiation of the study, the Secretary shall submit to 
     Congress a report on the results of the study.
       (2) Contents.--The report shall include--
       (A) the findings of the Secretary on each of the subjects 
     listed in subsection (b); and
       (B) recommendations, if any, of the Secretary based on the 
     results of the study for any changes to the passenger 
     facility charge program, including recommendations as to 
     whether different levels of passenger facility charges should 
     be imposed on connecting passengers and originating and 
     destination passengers.

                   Subtitle C--Fees for FAA Services

     SEC. 121. UPDATE ON OVERFLIGHTS.

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

     SEC. 122. REGISTRATION FEES.

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

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

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

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

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

                     Subtitle D--AIP Modifications

     SEC. 131. AMENDMENTS TO AIP DEFINITIONS.

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

     SEC. 132. SOLID WASTE RECYCLING PLANS.

       (a) Airport Planning.--Section 47102(5) (as amended by 
     section 131(b) of this Act) is amended by inserting before 
     the period at the end the

[[Page 5076]]

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

     SEC. 133. AMENDMENTS TO GRANT ASSURANCES.

       (a) General Written Assurances.--Section 
     47107(a)(16)(D)(ii) is amended by inserting before the 
     semicolon at the end the following: ``, except in the case of 
     a relocation or replacement of an existing airport facility 
     that meets the conditions of section 47110(d)''.
       (b) Written Assurances on Acquiring Land.--
       (1) Use of proceeds.--Section 47107(c)(2)(A)(iii) is 
     amended by striking ``paid to the Secretary'' and all that 
     follows before the semicolon and inserting ``reinvested in 
     another project at the airport or transferred to another 
     airport as the Secretary prescribes under paragraph (4)''.
       (2) Eligible projects.--Section 47107(c) is amended by 
     adding at the end the following:
       ``(4) Priorities for reinvestment.--In approving the 
     reinvestment or transfer of proceeds under subsection 
     (c)(2)(A)(iii), the Secretary shall give preference, in 
     descending order, to the following actions:
       ``(A) Reinvestment in an approved noise compatibility 
     project.
       ``(B) Reinvestment in an approved project that is eligible 
     for funding under section 47117(e).
       ``(C) Reinvestment in an approved airport development 
     project that is eligible for funding under section 47114, 
     47115, or 47117.
       ``(D) Transfer to a sponsor of another public airport to be 
     reinvested in an approved noise compatibility project at such 
     airport.
       ``(E) Payment to the Secretary for deposit in the Airport 
     and Airway Trust Fund.''.
       (c) Clerical Amendment.--Section 47107(c)(2)(B)(iii) is 
     amended by striking ``the Fund'' and inserting ``the Airport 
     and Airway Trust Fund established under section 9502 of the 
     Internal Revenue Code of 1986 (26 U.S.C. 9502)''.

     SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS.

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

     SEC. 135. AMENDMENTS TO ALLOWABLE COSTS.

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

     SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS OWNED AND 
                   CONTROLLED BY DISABLED VETERANS.

       Section 47112(c) is amended by adding at the end the 
     following:
       ``(3) A contract involving labor for carrying out an 
     airport development project under a grant agreement under 
     this subchapter must require that a preference be given to 
     the use of small business concerns (as defined in section 3 
     of the Small Business Act (15 U.S.C. 632)) owned and 
     controlled by disabled veterans.''.

     SEC. 137. AIRPORT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.

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

[[Page 5077]]

     thereafter, the personal net worth cap to account for 
     changes, occurring in the preceding 12-month period, in the 
     Consumer Price Index of All Urban Consumers (United States 
     city average, all items) published by the Secretary of Labor.
       ``(f) Exclusion of Retirement Benefits.--
       ``(1) In general.--In calculating a business owner's 
     personal net worth, any funds held in a qualified retirement 
     account owned by the business owner shall be excluded, 
     subject to regulations to be issued by the Secretary.
       ``(2) Regulations.--Not later than one year after the date 
     of enactment of this subsection, the Secretary shall issue 
     final regulations to implement paragraph (1), including 
     consideration of appropriate safeguards, such as a limit on 
     the amount of such accounts, to prevent circumvention of 
     personal net worth requirements.
       ``(g) Prohibition on Excessive or Discriminatory Bonding 
     Requirements.--
       ``(1) In general.--The Secretary shall establish a program 
     to eliminate barriers to small business participation in 
     airport-related contracts and concessions by prohibiting 
     excessive, unreasonable, or discriminatory bonding 
     requirements for any project funded under this chapter or 
     using passenger facility revenues under section 40117.
       ``(2) Regulations.--Not later than one year after the date 
     of enactment of this subsection, the Secretary shall issue a 
     final rule to establish the program under paragraph (1).''.

     SEC. 138. TRAINING PROGRAM FOR CERTIFICATION OF DISADVANTAGED 
                   BUSINESS ENTERPRISES.

       (a) Mandatory Training Program.--Section 47113 (as amended 
     by this Act) is further amended--
       (1) in subsection (b) by striking ``Secretary'' and 
     inserting ``Secretary of Transportation''; and
       (2) by adding at the end the following:
       ``(h) Mandatory Training Program.--
       ``(1) In general.--Not later than one year after the date 
     of enactment of this subsection, the Secretary shall 
     establish a mandatory training program for persons described 
     in paragraph (3) on certifying whether a small business 
     concern qualifies as a small business concern owned and 
     controlled by socially and economically disadvantaged 
     individuals under this section and section 47107(e).
       ``(2) Implementation.--The training program may be 
     implemented by one or more private entities approved by the 
     Secretary.
       ``(3) Participants.--A person referred to in paragraph (1) 
     is an official or agent of an airport sponsor--
       ``(A) who is required to provide a written assurance under 
     this section or section 47107(e) that the airport owner or 
     operator will meet the percentage goal of subsection (b) or 
     section 47107(e)(1); or
       ``(B) who is responsible for determining whether or not a 
     small business concern qualifies as a small business concern 
     owned and controlled by socially and economically 
     disadvantaged individuals under this section or section 
     47107(e).
       ``(4) Authorization of appropriations.--Out of amounts 
     appropriated under section 106(k), not less than $2,000,000 
     for each of fiscal years 2010, 2011, and 2012 shall be used 
     to carry out this subsection and to support other programs 
     and activities of the Secretary related to the participation 
     of small business concerns owned and controlled by socially 
     and economically disadvantaged individuals in airport related 
     contracts or concessions.''.
       (b) Report.--Not later than 24 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and other appropriate 
     committees of Congress a report on the results of the 
     training program conducted under the amendment made by 
     subsection (b).

     SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND.

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

     SEC. 140. REDUCING APPORTIONMENTS.

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

     SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND.

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

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

       Section 47115(j) is amended by striking ``fiscal years 2004 
     through 2009,'' and inserting ``fiscal years 2010 through 
     2012,''.

     SEC. 143. USE OF APPORTIONED AMOUNTS.

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

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

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

     SEC. 145. AIRPORT PRIVATIZATION PILOT PROGRAM.

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

     SEC. 146. AIRPORT SECURITY PROGRAM.

       (a) General Authority.--Section 47137(a) is amended by 
     inserting ``, in consultation with the Secretary of Homeland 
     Security,'' after ``Transportation''.
       (b) Implementation.--Section 47137(b) is amended to read as 
     follows:
       ``(b) Implementation.--
       ``(1) In general.--In carrying out this section, the 
     Secretary of Transportation shall provide funding through a 
     grant, contract, or another agreement described in section 
     106(l)(6) to a nonprofit consortium that--
       ``(A) is composed of public and private persons, including 
     an airport sponsor; and
       ``(B) has at least 10 years of demonstrated experience in 
     testing and evaluating anti-terrorist technologies at 
     airports.
       ``(2) Project selection.--The Secretary shall select 
     projects under this subsection that--

[[Page 5078]]

       ``(A) evaluate and test the benefits of innovative aviation 
     security systems or related technology, including explosives 
     detection systems, for the purpose of improving aviation and 
     aircraft physical security, access control, and passenger and 
     baggage screening; and
       ``(B) provide testing and evaluation of airport security 
     systems and technology in an operational, testbed 
     environment.''.
       (c) Matching Share.--Section 47137(c) is amended by 
     inserting after ``section 47109'' the following: ``or any 
     other provision of law''.
       (d) Administration.--Section 47137(e) is amended by adding 
     at the end the following: ``The Secretary may enter into an 
     agreement in accordance with section 106(m) to provide for 
     the administration of any project under the program.''.
       (e) Eligible Sponsor.--Section 47137 is amended by striking 
     subsection (f) and redesignating subsection (g) as subsection 
     (f).
       (f) Authorization of Appropriations.--Section 47137(f) (as 
     so redesignated) is amended by striking ``$5,000,000'' and 
     inserting ``$8,500,000''.

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

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

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

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

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

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

     SEC. 150. MIDWAY ISLAND AIRPORT.

       Section 186(d) of the Vision 100--Century of Aviation 
     Reauthorization Act (117 Stat. 2518) is amended by striking 
     ``October 1, 2009,'' and inserting ``October 1, 2012,''.

     SEC. 151. PUERTO RICO MINIMUM GUARANTEE.

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

     SEC. 152. MISCELLANEOUS AMENDMENTS.

       (a) Technical Changes to National Plan of Integrated 
     Airport Systems.--Section 47103 is amended--
       (1) in subsection (a)--
       (A) by striking ``each airport to--'' and inserting ``the 
     airport system to--'';
       (B) in paragraph (1) by striking ``system in the particular 
     area;'' and inserting ``system, including connection to the 
     surface transportation network; and'';
       (C) in paragraph (2) by striking ``; and'' and inserting a 
     period; and
       (D) by striking paragraph (3);
       (2) in subsection (b)--
       (A) in paragraph (1) by striking the semicolon and 
     inserting ``; and'';
       (B) by striking paragraph (2) and redesignating paragraph 
     (3) as paragraph (2); and
       (C) in paragraph (2) (as so redesignated) by striking ``, 
     Short Takeoff and Landing/Very Short Takeoff and Landing 
     aircraft operations,''; and
       (3) in subsection (d) by striking ``status of the''.
       (b) Update Veterans Preference Definition.--Section 
     47112(c) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B) by striking ``separated from'' and 
     inserting ``discharged or released from active duty in''; and
       (B) by adding at the end the following:
       ``(C) `Afghanistan-Iraq war veteran' means an individual 
     who served on active duty (as defined by section 101 of title 
     38) in the Armed Forces for a period of more than 180 
     consecutive days, any part of which occurred during the 
     period beginning on September 11, 2001, and ending on the 
     date prescribed by presidential proclamation or by law as the 
     last date of Operation Iraqi Freedom, and who was separated 
     from the Armed Forces under honorable conditions.''; and
       (2) in paragraph (2) by striking ``veterans and'' and 
     inserting ``veterans, Afghanistan-Iraq war veterans, and''.
       (c) Consolidation of Terminal Development Provisions.--
     Section 47119 is amended--
       (1) by redesignating subsections (a), (b), (c), and (d) as 
     subsections (b), (c), (d), and (e), respectively; and
       (2) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Terminal Development Projects.--
       ``(1) In general.--The Secretary may approve a project for 
     terminal development (including multimodal terminal 
     development) in a nonrevenue-producing public-use area of a 
     commercial service airport--
       ``(A) if the sponsor certifies that the airport, on the 
     date the grant application is submitted to the Secretary, 
     has--
       ``(i) all the safety equipment required for certification 
     of the airport under section 44706;
       ``(ii) all the security equipment required by regulation; 
     and
       ``(iii) provided for access by passengers to the area of 
     the airport for boarding or exiting aircraft that are not air 
     carrier aircraft;
       ``(B) if the cost is directly related to moving passengers 
     and baggage in air commerce within the airport, including 
     vehicles for moving passengers between terminal facilities 
     and between terminal facilities and aircraft; and
       ``(C) under terms necessary to protect the interests of the 
     Government.
       ``(2) Project in revenue-producing areas and nonrevenue-
     producing parking lots.--In making a decision under paragraph 
     (1), the Secretary may approve as allowable costs the 
     expenses of terminal development in a revenue-producing area 
     and construction, reconstruction, repair, and improvement in 
     a nonrevenue-producing parking lot if--
       ``(A) except as provided in section 47108(e)(3), the 
     airport does not have more than .05 percent of the total 
     annual passenger boardings in the United States; and
       ``(B) the sponsor certifies that any needed airport 
     development project affecting safety, security, or capacity 
     will not be deferred because of the Secretary's approval.'';
       (3) in paragraphs (3) and (4)(A) of subsection (b) (as 
     redesignated by paragraph (1) of this subsection) by striking 
     ``section 47110(d)'' and inserting ``subsection (a)'';
       (4) in paragraph (5) of subsection (b) (as redesignated by 
     paragraph (1) of this subsection) by striking ``subsection 
     (b)(1) and (2)'' and inserting ``subsections (c)(1) and 
     (c)(2)'';
       (5) in paragraphs (2)(A), (3), and (4) of subsection (c) 
     (as redesignated by paragraph (1) of this subsection) by 
     striking ``section 47110(d) of this title'' and inserting 
     ``subsection (a)'';
       (6) in paragraph (2)(B) of subsection (c) (as redesignated 
     by paragraph (1) of this subsection) by striking ``section 
     47110(d)'' and inserting ``subsection (a)'';
       (7) in subsection (c)(5) (as redesignated by paragraph (1) 
     of this subsection) by striking ``section 47110(d)'' and 
     inserting ``subsection (a)''; and
       (8) by adding at the end the following:
       ``(f) Limitation on Discretionary Funds.--The Secretary may 
     distribute not more than $20,000,000 from the discretionary 
     fund established under section 47115 for terminal development 
     projects at a nonhub airport or a small hub airport that is 
     eligible to receive discretionary funds under section 
     47108(e)(3).''.
       (d) Annual Report.--Section 47131(a) is amended--
       (1) by striking ``April 1'' and inserting ``June 1''; and
       (2) by striking paragraphs (1), (2), (3), and (4) and 
     inserting the following:
       ``(1) a summary of airport development and planning 
     completed;
       ``(2) a summary of individual grants issued;
       ``(3) an accounting of discretionary and apportioned funds 
     allocated;
       ``(4) the allocation of appropriations; and''.
       (e) Correction to Emission Credits Provision.--Section 
     47139 is amended--
       (1) in subsection (a) by striking ``47102(3)(F),''; and
       (2) in subsection (b)--
       (A) by striking ``47102(3)(F),''; and
       (B) by striking ``47103(3)(F),''.
       (f) Conforming Amendment to Civil Penalty Assessment 
     Authority.--Section 46301(d)(2) is amended by inserting 
     ``46319,'' after ``46318,''.
       (g) Other Conforming Amendments.--
       (1) Sections 40117(a)(3)(B) is amended by striking 
     ``section 47110(d)'' and inserting ``section 47119(a)''.
       (2) Section 47108(e)(3) is amended--
       (A) by striking ``section 47110(d)(2)'' and inserting 
     ``section 47119(a)''; and
       (B) by striking ``section 47110(d)'' and inserting 
     ``section 47119(a)''.
       (h) Correction to Surplus Property Authority.--Section 
     47151(e) is amended by striking ``(other than real property'' 
     and all that follows through ``(10 U.S.C. 2687 note))''.
       (i) Airport Capacity Benchmark Reports.--Section 47175(2) 
     is amended by striking ``Airport Capacity Benchmark Report 
     2001'' and inserting ``2001 and 2004 Airport Capacity 
     Benchmark Reports or table 1 of the Federal Aviation 
     Administration's most recent airport capacity benchmark 
     report''.

     SEC. 153. AIRPORT MASTER PLANS.

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

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

     SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) The United States faces a great national challenge as 
     the Nation's aviation infrastructure is at a crossroads.
       (2) The demand for aviation services, a critical element of 
     the United States economy, vital in supporting the quality of 
     life of the people of

[[Page 5079]]

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

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

       (a) Establishment.--
       (1) Associate administrator for the next generation air 
     transportation system.--Section 709(a) of Vision 100--Century 
     of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 
     Stat. 2582) is amended--
       (A) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) The director of the Office shall be the Associate 
     Administrator for the Next Generation Air Transportation 
     System, who shall be appointed by the Administrator of the 
     Federal Aviation Administration. The Associate Administrator 
     shall report to the Administrator.''.
       (2) Responsibilities.--Section 709(a)(3) of such Act (as 
     redesignated by paragraph (1) of this subsection) is 
     amended--
       (A) in subparagraph (G) by striking ``; and'' and inserting 
     a semicolon;
       (B) in subparagraph (H) by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(I) establishing specific quantitative goals for the 
     safety, capacity, efficiency, performance, and environmental 
     impacts of each phase of Next Generation Air Transportation 
     System implementation activities and measuring actual 
     operational experience against those goals, taking into 
     account noise pollution reduction concerns of affected 
     communities to the greatest extent practicable in 
     establishing the environmental goals;
       ``(J) working to ensure global interoperability of the Next 
     Generation Air Transportation System;
       ``(K) working to ensure the use of weather information and 
     space weather information in the Next Generation Air 
     Transportation System as soon as possible;
       ``(L) overseeing, with the Administrator of the Federal 
     Aviation Administration, the selection of products or 
     outcomes of research and development activities that would be 
     moved to the next stage of a demonstration project; and
       ``(M) maintaining a baseline modeling and simulation 
     environment for testing and evaluating alternative concepts 
     to satisfy Next Generation Air Transportation enterprise 
     architecture requirements.''.
       (3) Cooperation with other federal agencies.--Section 
     709(a)(4) of such Act (as redesignated by paragraph (1) of 
     this subsection) is amended--
       (A) by striking ``(4)'' and inserting ``(4)(A)''; and
       (B) by adding at the end the following:
       ``(B) The Secretary of Defense, the Administrator of the 
     National Aeronautics and Space Administration, the Secretary 
     of Commerce, the Secretary of Homeland Security, and the head 
     of any other Federal agency from which the Secretary of 
     Transportation requests assistance under subparagraph (A) 
     shall designate a senior official in the agency to be 
     responsible for--
       ``(i) carrying out the activities of the agency relating to 
     the Next Generation Air Transportation System in coordination 
     with the Office, including the execution of all aspects of 
     the work of the agency in developing and implementing the 
     integrated work plan described in subsection (b)(5);
       ``(ii) serving as a liaison for the agency in activities of 
     the agency relating to the Next Generation Air Transportation 
     System and coordinating with other Federal agencies involved 
     in activities relating to the System; and
       ``(iii) ensuring that the agency meets its obligations as 
     set forth in any memorandum of understanding executed by or 
     on behalf of the agency relating to the Next Generation Air 
     Transportation System.
       ``(C) The head of a Federal agency referred to in 
     subparagraph (B) shall ensure that--
       ``(i) the responsibilities of the agency relating to the 
     Next Generation Air Transportation System are clearly 
     communicated to the senior official of the agency designated 
     under subparagraph (B); and
       ``(ii) the performance of the senior official in carrying 
     out the responsibilities of the agency relating to the Next 
     Generation Air Transportation System is reflected in the 
     official's annual performance evaluations and compensation.
       ``(D) The head of a Federal agency referred to in 
     subparagraph (B) shall--
       ``(i) establish or designate an office within the agency to 
     carry out its responsibilities under the memorandum of 
     understanding under the supervision of the designated 
     official; and
       ``(ii) ensure that the designated official has sufficient 
     budgetary authority and staff resources to carry out the 
     agency's Next Generation Air Transportation System 
     responsibilities as set forth in the integrated plan under 
     subsection (b).
       ``(E) Not later than 6 months after the date of enactment 
     of this subparagraph, the head of each Federal agency that 
     has responsibility for carrying out any activity under the 
     integrated plan under subsection (b) shall execute a 
     memorandum of understanding with the Office obligating that 
     agency to carry out the activity.''.
       (4) Coordination with omb.--Section 709(a) of such Act (117 
     Stat. 2582) is further amended by adding at the end the 
     following:
       ``(6)(A) The Office shall work with the Director of the 
     Office of Management and Budget to develop a process whereby 
     the Director will identify projects related to the Next 
     Generation Air Transportation System across the agencies 
     referred to in paragraph (4)(A) and consider the Next 
     Generation Air Transportation System as a unified, cross-
     agency program.
       ``(B) The Director, to the maximum extent practicable, 
     shall--
       ``(i) ensure that--
       ``(I) each Federal agency covered by the plan has 
     sufficient funds requested in the President's budget, as 
     submitted under section 1105(a) of title 31, United States 
     Code, for each fiscal year covered by the plan to carry out 
     its responsibilities under the plan; and
       ``(II) the development and implementation of the Next 
     Generation Air Transportation System remains on schedule;
       ``(ii) include, in the President's budget, a statement of 
     the portion of the estimated budget of each Federal agency 
     covered by the plan that relates to the activities of the 
     agency under the Next Generation Air Transportation System 
     initiative; and
       ``(iii) identify and justify as part of the President's 
     budget submission any inconsistencies between the plan and 
     amounts requested in the budget.
       ``(7) The Associate Administrator of the Next Generation 
     Air Transportation System shall be a voting member of the 
     Joint Resources Council of the Federal Aviation 
     Administration.''.
       (b) Integrated Plan.--Section 709(b) of such Act (117 Stat. 
     2583) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``meets air'' and inserting ``meets 
     anticipated future air''; and
       (B) by striking ``beyond those currently included in the 
     Federal Aviation Administration's operational evolution 
     plan'';
       (2) by striking ``and'' at the end of paragraph (3);
       (3) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(5) a multiagency integrated work plan for the Next 
     Generation Air Transportation System that includes--
       ``(A) an outline of the activities required to achieve the 
     end-state architecture, as expressed in the concept of 
     operations and enterprise architecture documents, that 
     identifies each Federal agency or other entity responsible 
     for each activity in the outline;
       ``(B) details on a year-by-year basis of specific 
     accomplishments, activities, research requirements, 
     rulemakings, policy decisions, and other milestones of 
     progress for each Federal agency

[[Page 5080]]

      or entity conducting activities relating to the Next 
     Generation Air Transportation System;
       ``(C) for each element of the Next Generation Air 
     Transportation System, an outline, on a year-by-year basis, 
     of what is to be accomplished in that year toward meeting the 
     Next Generation Air Transportation System's end-state 
     architecture, as expressed in the concept of operations and 
     enterprise architecture documents, as well as identifying 
     each Federal agency or other entity that will be responsible 
     for each component of any research, development, or 
     implementation program;
       ``(D) an estimate of all necessary expenditures on a year-
     by-year basis, including a statement of each Federal agency 
     or entity's responsibility for costs and available resources, 
     for each stage of development from the basic research stage 
     through the demonstration and implementation phase;
       ``(E) a clear explanation of how each step in the 
     development of the Next Generation Air Transportation System 
     will lead to the following step and of the implications of 
     not successfully completing a step in the time period 
     described in the integrated work plan;
       ``(F) a transition plan for the implementation of the Next 
     Generation Air Transportation System that includes date-
     specific milestones for the implementation of new 
     capabilities into the national airspace system;
       ``(G) date-specific timetables for meeting the 
     environmental goals identified in subsection (a)(3)(I); and
       ``(H) a description of potentially significant operational 
     or workforce changes resulting from deployment of the Next 
     Generation Air Transportation System.''.
       (c) NextGen Implementation Plan.--Section 709(d) of such 
     Act (117 Stat. 2584) is amended to read as follows:
       ``(d) NextGen Implementation Plan.--The Administrator of 
     the Federal Aviation Administration shall develop and publish 
     annually the document known as the `NextGen Implementation 
     Plan', or any successor document, that provides a detailed 
     description of how the agency is implementing the Next 
     Generation Air Transportation System.''.
       (d) Authorization of Appropriations.--Section 709(e) of 
     such Act (117 Stat. 2584) is amended by striking ``2010'' and 
     inserting ``2012''.
       (e) Contingency Planning.--The Associate Administrator for 
     the Next Generation Air Transportation System shall, as part 
     of the design of the System, develop contingency plans for 
     dealing with the degradation of the System in the event of a 
     natural disaster, major equipment failure, or act of 
     terrorism.

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

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

     SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST 
                   SERVICES.

       (a) Report on FAA Program and Schedule.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall prepare a report detailing the program 
     and schedule for integrating automatic dependent 
     surveillance-broadcast (in this section referred to as ``ADS-
     B'') technology into the national airspace system.
       (2) Contents.--The report shall include--
       (A) a description of segment 1 and segment 2 activity to 
     acquire ADS-B services;
       (B) a description of plans for implementation of advanced 
     operational procedures and ADS-B air-to-air applications;
       (C) a description of possible options for expanding 
     surveillance coverage beyond the ground stations currently 
     under contract, including enhanced ground signal coverage at 
     airports; and
       (D) a detailed description of the protections that the 
     Administration will require as part of any contract or 
     program in the event of a contractor's default, bankruptcy, 
     acquisition by another entity, or any other event 
     jeopardizing the uninterrupted provision of ADS-B services.
       (3) Submission to congress.--Not later than 90 days after 
     the date of enactment of this Act, the Administrator shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate the 
     report prepared under paragraph (1).
       (b) Requirements of FAA Contracts for ADS-B Services.--Any 
     contract entered into by the Administrator with an entity to 
     acquire ADS-B services shall contain terms and conditions 
     that--
       (1) require approval by the Administrator before the 
     contract may be assigned to or assumed by another entity, 
     including any successor entity, subsidiary of the contractor, 
     or other corporate entity;
       (2) provide that the assets, equipment, hardware, and 
     software used in the performance of the contract be 
     designated as critical national infrastructure for national 
     security and related purposes;
       (3) require the contractor to provide continued broadcast 
     services for a reasonable period, as determined by the 
     Administrator, until the provision of such services can be 
     transferred to another vendor or to the Government in the 
     event of a termination of the contract;
       (4) require the contractor to provide continued broadcast 
     services for a reasonable period, as determined by the 
     Administrator, until the provision of such services can be 
     transferred to another vendor or to the Government in the 
     event of material nonperformance, as determined by the 
     Administrator; and
       (5) permit the Government to acquire or utilize for a 
     reasonable period, as determined by the Administrator, the 
     assets, equipment, hardware, and software necessary to ensure 
     the continued and uninterrupted provision of ADS-B services 
     and to have ready access to such assets, equipment, hardware, 
     and software through its own personnel, agents, or others, if 
     the Administrator provides reasonable compensation for such 
     acquisition or utilization.
       (c) Review by DOT Inspector General.--
       (1) In general.--The Inspector General of the Department of 
     Transportation shall conduct a review concerning the Federal 
     Aviation Administration's award and oversight of any contract 
     entered into by the Administration to provide ADS-B services 
     for the national airspace system.
       (2) Contents.--The review shall include, at a minimum--
       (A) an examination of how program risks are being managed;
       (B) an assessment of expected benefits attributable to the 
     deployment of ADS-B services, including the implementation of 
     advanced operational procedures and air-to-air applications 
     as well as to the extent to which ground radar will be 
     retained;
       (C) a determination of whether the Administration has 
     established sufficient mechanisms to ensure that all design, 
     acquisition, operation, and maintenance requirements have 
     been met by the contractor;
       (D) an assessment of whether the Administration and any 
     contractors are meeting cost, schedule, and performance 
     milestones, as measured against the original baseline of the 
     Administration's program for providing ADS-B services;
       (E) an assessment of whether security issues are being 
     adequately addressed in the overall design and implementation 
     of the ADS-B system; and
       (F) any other matters or aspects relating to contract 
     implementation and oversight that the Inspector General 
     determines merit attention.
       (3) Reports to congress.--The Inspector General shall 
     periodically, on at least an annual basis, submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the review conducted under this subsection.

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

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall establish a process for including in the 
     planning, development, and deployment of air traffic control 
     modernization projects (including the Next Generation Air 
     Transportation System) and collaborating with qualified 
     employees selected by each exclusive collective bargaining 
     representative of employees of the Administration who are 
     likely to be impacted by such planning, development, and 
     deployment.
       (b) Participation.--
       (1) Bargaining obligations and rights.--Participation in 
     the process described in subsection (a) shall not be 
     construed as a waiver of any bargaining obligations or rights 
     under section 40122(a)(1) or 40122(g)(2)(C) of title 49, 
     United States Code.
       (2) Capacity and compensation.--Exclusive collective 
     bargaining representatives and selected employees 
     participating in the process described in subsection (a) 
     shall--
       (A) serve in a collaborative and advisory capacity; and

[[Page 5081]]

       (B) receive appropriate travel and per diem expenses in 
     accordance with the travel policies of the Administration in 
     addition to any regular compensation and benefits.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the 
     implementation of this section.

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

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

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

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

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

       (a) Review.--The Inspector General of the Department of 
     Transportation shall conduct a review regarding the 
     effectiveness of the oversight activities conducted by the 
     Federal Aviation Administration in connection with any 
     agreement with or delegation of authority to a third party 
     for the development of flight procedures, including public 
     use procedures, for the national airspace system.
       (b) Assessments.--The Inspector General shall include, at a 
     minimum, in the review--
       (1) an assessment of the extent to which the Federal 
     Aviation Administration is relying or intends to rely on a 
     third party for the development of new procedures and a 
     determination of whether the Administration has established 
     sufficient mechanisms and staffing to provide safety 
     oversight functions, which may include quality assurance 
     processes, flight checks, integration of procedures into the 
     National Aviation System, and operational assessments of 
     procedures developed by third parties; and
       (2) an assessment regarding whether the Administration has 
     sufficient existing personnel and technical resources or 
     mechanisms to develop such flight procedures in a safe and 
     efficient manner to meet the demands of the national airspace 
     system without the use of third party resources.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Inspector General shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the review conducted under this section, including 
     the assessments described in subsection (b).

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

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

     SEC. 210. NEXTGEN TECHNOLOGY TESTBED.

       Of amounts appropriated under section 48101(a) of title 49, 
     United States Code, the Administrator of the Federal Aviation 
     Administration shall use such sums as may be necessary for 
     each of the fiscal years 2010 through 2012 to contribute to 
     the establishment by a public-private partnership (including 
     a university component with significant aviation expertise in 
     air traffic management, simulation, meteorology, and 
     engineering and aviation business) an airport-based testing 
     site for existing Next Generation Air Transport System 
     technologies. The Administrator shall ensure that next 
     generation air traffic control integrated systems developed 
     by private industries are installed at the site for 
     demonstration, operational research, and evaluation by the 
     Administration. The testing site shall serve a mix of general 
     aviation and commercial traffic.

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

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

     SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY.

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

     SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

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

     SEC. 214. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

       Section 40110(c) is amended--
       (1) by striking the semicolon at the end of paragraph (3) 
     and inserting ``; and'';

[[Page 5082]]

       (2) by striking paragraph (4); and
       (3) by redesignating paragraph (5) as paragraph (4).

     SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

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

     SEC. 216. FRONT LINE MANAGER STAFFING.

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

     SEC. 217. FLIGHT SERVICE STATIONS.

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

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

       (a) Establishment.--Of the amount appropriated under 
     section 48101(a) of title 49, United States Code, the 
     Administrator of the Federal Aviation Administration shall 
     use such sums as may be necessary for each of fiscal years 
     2010 through 2012 to contribute to the establishment of a 
     center of excellence for the research and development of Next 
     Generation Air Transportation System technologies.
       (b) Functions.--The center established under subsection (a) 
     shall--
       (1) leverage the centers of excellence program of the 
     Federal Aviation Administration, as well as other resources 
     and partnerships, to enhance the development of Next 
     Generation Air Transportation System technologies within 
     academia and industry; and
       (2) provide educational, technical, and analytical 
     assistance to the Federal Aviation Administration and other 
     Federal agencies with responsibilities to research and 
     develop Next Generation Air Transportation System 
     technologies.

     SEC. 219. AIRSPACE REDESIGN.

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

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

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

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

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

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

     SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS.

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

     ``Sec. 44730. Inspection of foreign repair stations

       ``(a) In General.--Not later than one year after the date 
     of enactment of this section, and annually thereafter, the 
     Administrator of the Federal Aviation Administration shall--
       ``(1) submit to Congress a certification that each foreign 
     repair station that is certified by the Administrator under 
     part 145 of title 14, Code of Federal Regulations, and 
     performs work on air carrier aircraft or components has been 
     inspected by safety inspectors of the Administration not 
     fewer than 2 times in the preceding calendar year;
       ``(2) modify the certification requirements under such part 
     to include testing for the use of alcohol or a controlled 
     substance in accordance with section 45102 of any individual 
     performing

[[Page 5083]]

     a safety-sensitive function at a foreign aircraft repair 
     station, including an individual working at a station of a 
     third-party with whom an air carrier contracts to perform 
     work on air carrier aircraft or components; and
       ``(3) continue to hold discussions with countries that have 
     foreign repair stations that perform work on air carrier 
     aircraft and components to ensure harmonization of the safety 
     standards of such countries with those of the United States, 
     including standards governing maintenance requirements, 
     education and licensing of maintenance personnel, training, 
     oversight, and mutual inspection of work sites.
       ``(b) Regulatory Authority With Respect to Certain Foreign 
     Repair Stations.--With respect to repair stations that are 
     located in countries that are party to the agreement entitled 
     ``Agreement between the United States of America and the 
     European Community on Cooperation in the Regulation of Civil 
     Aviation Safety'', dated June 30, 2008, the requirements of 
     subsection (a) are an exercise of the rights of the United 
     States under paragraph A of Article 15 of the Agreement, 
     which provides that nothing in the Agreement shall be 
     construed to limit the authority of a party to determine 
     through its legislative, regulatory, and administrative 
     measures, the level of protection it considers appropriate 
     for civil aviation safety.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

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

     SEC. 304. RUNWAY SAFETY.

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

     SEC. 305. IMPROVED PILOT LICENSES.

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

     SEC. 306. FLIGHT CREW FATIGUE.

       (a) In General.--Not later than 3 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall conclude arrangements with the 
     National Academy of Sciences for a study of pilot fatigue.
       (b) Study.--The study shall include consideration of--
       (1) research on pilot fatigue, sleep, and circadian 
     rhythms;
       (2) sleep and rest requirements of pilots recommended by 
     the National Aeronautics and Space Administration and the 
     National Transportation Safety Board; and
       (3) Federal Aviation Administration and international 
     standards regarding flight limitations and rest for pilots.
       (c) Report.--Not later than 18 months after initiating the 
     study, the National Academy of Sciences shall submit to the 
     Administrator a report containing its findings and 
     recommendations regarding the study under subsections (a) and 
     (b), including recommendations with respect to Federal 
     Aviation Administration regulations governing flight time 
     limitations and rest requirements for pilots.
       (d) Rulemaking.--After the Administrator receives the 
     report of the National Academy of Sciences, the Administrator 
     shall consider the findings in the report and update as 
     appropriate based on scientific data Federal Aviation 
     Administration regulations governing flight time limitations 
     and rest requirements for pilots.
       (e) Flight Attendant Fatigue.--
       (1) Study.--The Administrator, acting through the Civil 
     Aerospace Medical Institute, shall conduct a study on the 
     issue of flight attendant fatigue.
       (2) Contents.--The study shall include the following:
       (A) A survey of field operations of flight attendants.
       (B) A study of incident reports regarding flight attendant 
     fatigue.
       (C) Field research on the effects of such fatigue.
       (D) A validation of models for assessing flight attendant 
     fatigue.
       (E) A review of international policies and practices 
     regarding flight limitations and rest of flight attendants.
       (F) An analysis of potential benefits of training flight 
     attendants regarding fatigue.
       (3) Report.--Not later than June 30, 2010, the 
     Administrator shall submit to Congress a report on the 
     results of the study.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

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

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

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

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

[[Page 5084]]

       ``(i) Flight Attendant Defined.--In this section, the term 
     `flight attendant' has the meaning given that term by section 
     44728.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section. Such sums shall remain available until 
     expended.''.
       (b) Clerical Amendment.--The analysis for chapter 447 is 
     amended by adding at the end the following:

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

     SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS AREAS.

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

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

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

     SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS.

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

     SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STANDARDS.

       (a) Rulemaking Proceeding.--Not later than 180 days after 
     the date of enactment of this Act, the Administrator of the 
     Federal Aviation Administration shall initiate a rulemaking 
     proceeding for the purpose of issuing a proposed and final 
     rule that revises the aircraft rescue and firefighting 
     standards (``ARFF'') under part 139 of title 14, Code of 
     Federal Regulations, to improve the protection of the 
     traveling public, other persons, aircraft, buildings, and the 
     environment from fires and hazardous materials incidents.
       (b) Contents of Proposed and Final Rule.--The proposed and 
     final rule to be issued under subsection (a) shall address 
     the following:
       (1) The mission of aircraft rescue and firefighting 
     personnel, including responsibilities for passenger egress in 
     the context of other Administration requirements.
       (2) The proper level of staffing.
       (3) The timeliness of a response.
       (4) The handling of hazardous materials incidents at 
     airports.
       (5) Proper vehicle deployment.
       (6) The need for equipment modernization.
       (c) Consistency With Voluntary Consensus Standards.--The 
     proposed and final rule issued under subsection (a) shall be, 
     to the extent practical, consistent with national voluntary 
     consensus standards for aircraft rescue and firefighting 
     services at airports.
       (d) Assessments of Potential Impacts.--In the rulemaking 
     proceeding initiated under subsection (a), the Administrator 
     shall assess the potential impact of any revisions to the 
     firefighting standards on airports and air transportation 
     service.
       (e) Inconsistency With Standards.--If the proposed or final 
     rule issued under subsection (a) is not consistent with 
     national voluntary consensus standards for aircraft rescue 
     and firefighting services at airports, the Administrator 
     shall submit to the Office of Management and Budget an 
     explanation of the reasons for such inconsistency in 
     accordance with section 12(d) of the National Technology 
     Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 
     Stat. 783).
       (f) Final Rule.--Not later than 24 months after the date of 
     enactment of this Act, the Administrator shall issue the 
     final rule required by subsection (a).

     SEC. 312. COCKPIT SMOKE.

       (a) Study.--The Comptroller General shall conduct a study 
     on the effectiveness of oversight activities of the Federal 
     Aviation Administration relating to preventing or mitigating 
     the effects of dense continuous smoke in the cockpit of a 
     commercial aircraft.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study.

     SEC. 313. SAFETY OF HELICOPTER AIR AMBULANCE OPERATIONS.

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

     ``Sec. 44732. Helicopter air ambulance operations

       ``(a) Rulemaking.--The Administrator of the Federal 
     Aviation Administration shall conduct a rulemaking proceeding 
     to improve the safety of flight crewmembers, medical 
     personnel, and passengers onboard helicopters providing 
     helicopter air ambulance services under part 135 of title 14, 
     Code of Federal Regulations.
       ``(b) Matters to Be Addressed.--In conducting the 
     rulemaking proceeding under subsection (a), the Administrator 
     shall address the following:
       ``(1) Flight request and dispatch procedures, including 
     performance-based flight dispatch procedures.
       ``(2) Pilot training standards, including--
       ``(A) mandatory training requirements, including a minimum 
     time for completing the training requirements;
       ``(B) training subject areas, such as communications 
     procedures and appropriate technology use;
       ``(C) establishment of training standards in--
       ``(i) crew resource management;
       ``(ii) flight risk evaluation;
       ``(iii) preventing controlled flight into terrain;
       ``(iv) recovery from inadvertent flight into instrument 
     meteorological conditions;
       ``(v) operational control of the pilot in command; and
       ``(vi) use of flight simulation training devices and line 
     oriented flight training.
       ``(3) Safety-enhancing technology and equipment, 
     including--
       ``(A) helicopter terrain awareness and warning systems;
       ``(B) radar altimeters;
       ``(C) devices that perform the function of flight data 
     recorders and cockpit voice recorders, to the extent 
     feasible; and
       ``(D) safety equipment that should be worn or used by 
     flight crewmembers and medical personnel on a flight, 
     including the possible use of shoulder harnesses, helmets, 
     seatbelts, and fire resistant clothing to enhance crash 
     survivability.
       ``(4) Such other matters as the Administrator considers 
     appropriate.
       ``(c) Minimum Requirements.--In issuing a final rule under 
     subsection (a), the Administrator, at a minimum, shall 
     provide for the following:

[[Page 5085]]

       ``(1) Flight risk evaluation program.--The Administrator 
     shall ensure that a part 135 certificate holder providing 
     helicopter air ambulance services--
       ``(A) establishes a flight risk evaluation program, based 
     on FAA Notice 8000.301 issued by the Administration on August 
     1, 2005, including any updates thereto;
       ``(B) as part of the flight risk evaluation program, 
     develops a checklist for use by pilots in determining whether 
     a flight request should be accepted; and
       ``(C) requires the pilots of the certificate holder to use 
     the checklist.
       ``(2) Operational control center.--The Administrator shall 
     ensure that a part 135 certificate holder providing 
     helicopter air ambulance services using 10 or more 
     helicopters has an operational control center that meets such 
     requirements as the Administrator may prescribe.
       ``(3) Compliance.--The Administrator shall ensure that a 
     part 135 certificate holder providing helicopter air 
     ambulance services complies with applicable regulations under 
     part 135 of title 14, Code of Federal Regulations, including 
     regulations on weather minima and flight and duty time 
     whenever medical personnel are onboard the aircraft.
       ``(d) Deadlines.--The Administrator shall--
       ``(1) not later than 180 days after the date of enactment 
     of this section, issue a notice of proposed rulemaking under 
     subsection (a); and
       ``(2) not later than 16 months after the close of the 
     comment period on the proposed rule, issue a final rule.
       ``(e) Part 135 Certificate Holder Defined.--In this 
     section, the term `part 135 certificate holder' means a 
     person holding a certificate issued under part 135 of title 
     14, Code of Federal Regulations.

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

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

``Sec. 44732. Helicopter air ambulance operations.
``Sec. 44733. Collection of data on helicopter air ambulance 
              operations.''.

     SEC. 314. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE 
                   NIGHT VISION GOGGLES.

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

     SEC. 315. STUDY OF HELICOPTER AND FIXED WING AIR AMBULANCE 
                   SERVICES.

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

                 Subtitle B--Unmanned Aircraft Systems

     SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION 
                   PLAN.

       (a) Integration Plan.--
       (1) Comprehensive plan.--Not later than 9 months after the 
     date of enactment of this Act, the Secretary, in consultation 
     with representatives of the aviation industry, shall develop 
     a

[[Page 5086]]

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

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

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

     SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

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

     SEC. 324. DEFINITIONS.

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

                   Subtitle C--Safety and Protections

     SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

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

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

       ``(B) Disclosure of identities.--The Director shall not 
     disclose the identity or identifying information of an 
     individual who submits a complaint or information under 
     subparagraph (A)(i) unless--
       ``(i) the individual consents to the disclosure in writing; 
     or
       ``(ii) the Director determines, in the course of an 
     investigation, that the disclosure is unavoidable, in which 
     case the Director shall provide the individual with 
     reasonable advance notice.
       ``(C) Independence of director.--The Secretary, the 
     Administrator, or any officer or employee of the Agency may 
     not prevent or prohibit the Director from initiating, 
     carrying out, or completing any assessment of a complaint or 
     information submitted under subparagraph (A)(i) or from 
     reporting to Congress on any such assessment.
       ``(D) Access to information.--In conducting an assessment 
     of a complaint or information submitted under subparagraph 
     (A)(i), the Director shall have access to, and can order the 
     retention of, all records, reports, audits, reviews, 
     documents, papers, recommendations, and other material 
     necessary to determine whether a substantial likelihood 
     exists that a violation of an order, regulation, or standard 
     of the Agency or any other provision of Federal law relating 
     to aviation safety may have occurred. The Director may order 
     sworn testimony from appropriate witnesses during the course 
     of an investigation.
       ``(E) Procedure.--The Office shall establish procedures 
     equivalent to sections 1213(d) and 1213(e) of title 5 for 
     investigation, report, employee comment, and evaluation by 
     the Secretary for any investigation conducted pursuant to 
     paragraph (3)(A).
       ``(4) Responses to recommendations.--The Administrator 
     shall--
       ``(A) respond within 60 days to a recommendation made by 
     the Director under paragraph (3)(A)(iii) in writing and 
     retain records related to any further investigations or 
     corrective actions taken in response to the recommendation, 
     in accordance with established record retention requirements; 
     and
       ``(B) ensure that the findings of all referrals for further 
     investigation or corrective actions taken are reported to the 
     Director.
       ``(5) Incident reports.--If the Director determines there 
     is a substantial likelihood that a

[[Page 5087]]

     violation of an order, regulation, or standard of the Agency 
     or any other provision of Federal law relating to aviation 
     safety may have occurred that requires immediate corrective 
     action, the Director shall report the potential violation 
     expeditiously to the Secretary, the Administrator, and the 
     Inspector General of the Department of Transportation.
       ``(6) Reporting of criminal violations to inspector 
     general.--If the Director has reasonable grounds to believe 
     that there has been a violation of Federal criminal law, the 
     Director shall report the violation expeditiously to the 
     Inspector General.
       ``(7) Retaliation against agency employees.--Any 
     retaliatory action taken or threatened against an employee of 
     the Agency for good faith participation in activities under 
     this subsection is prohibited. The Director shall make all 
     policy recommendations and specific requests to the Secretary 
     for relief necessary to protect employees of the Agency who 
     initiate or participate in investigations under this 
     subsection. The Secretary shall respond in a timely manner 
     and shall share the responses with the appropriate committees 
     of Congress.
       ``(8) Disciplinary actions.--The Secretary shall exercise 
     the Secretary's authority under section 2302 of title 5 for 
     the prevention of prohibited personnel actions in any case in 
     which the prohibited personnel action is taken against an 
     employee of the Agency who, in good faith, has reported the 
     possible existence of an activity relating to a violation of 
     an order, regulation, or standard of the Agency or any other 
     provision of Federal law relating to aviation safety. In 
     exercising such authority, the Secretary may subject an 
     employee of the Agency who has taken or failed to take, or 
     threatened to take or fail to take, a personnel action in 
     violation of such section to a disciplinary action up to and 
     including termination.
       ``(9) Annual reports to congress.--Not later than October 1 
     of each year, the Director shall submit to Congress a public 
     report containing--
       ``(A) information on the number of submissions of 
     complaints and information received by the Director under 
     paragraph (3)(A)(i) in the preceding 12-month period;
       ``(B) summaries of those submissions;
       ``(C) summaries of further investigations, corrective 
     actions recommended, and referrals in response to the 
     submissions;
       ``(D) summaries of the responses of the Administrator to 
     such recommendations; and
       ``(E) an evaluation of personnel and resources necessary to 
     effectively support the mandate of the Office.''.

     SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.

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

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

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

     SEC. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS.

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

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

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

     SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.

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

[[Page 5088]]

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

       Subtitle D--Airline Safety and Pilot Training Improvement

     SEC. 341. SHORT TITLE.

       This subtitle may be cited as the ``Airline Safety and 
     Pilot Training Improvement Act of 2010''.

     SEC. 342. DEFINITIONS.

       (a) Definitions.--In this subtitle, the following 
     definitions apply:
       (1) Advanced qualification program.--The term ``advanced 
     qualification program'' means the program established by the 
     Federal Aviation Administration in Advisory Circular 120-54A, 
     dated June 23, 2006, including any subsequent revisions 
     thereto.
       (2) Air carrier.--The term ``air carrier'' has the meaning 
     given that term in section 40102 of title 49, United States 
     Code.
       (3) Aviation safety action program.--The term ``aviation 
     safety action program'' means the program established by the 
     Federal Aviation Administration in Advisory Circular 120-66B, 
     dated November 15, 2002, including any subsequent revisions 
     thereto.
       (4) Flight crewmember.--The term ``flight crewmember'' has 
     the meaning given that term in part 1.1 of title 14, Code of 
     Federal Regulations.
       (5) Flight operational quality assurance program.--The term 
     ``flight operational quality assurance program'' means the 
     program established by the Federal Aviation Administration in 
     Advisory Circular 120-82, dated April 12, 2004, including any 
     subsequent revisions thereto.
       (6) Line operations safety audit.--The term ``line 
     operations safety audit'' means the procedure referenced by 
     the Federal Aviation Administration in Advisory Circular 120-
     90, dated April 27, 2006, including any subsequent revisions 
     thereto.
       (7) Part 121 air carrier.--The term ``part 121 air 
     carrier'' means an air carrier that holds a certificate 
     issued under part 121 of title 14, Code of Federal 
     Regulations.
       (8) Part 135 air carrier.--The term ``part 135 air 
     carrier'' means an air carrier that holds a certificate 
     issued under part 135 of title 14, Code of Federal 
     Regulations.

     SEC. 343. FAA TASK FORCE ON AIR CARRIER SAFETY AND PILOT 
                   TRAINING.

       (a) Establishment.--The Administrator of the Federal 
     Aviation Administration shall establish a special task force 
     to be known as the FAA Task Force on Air Carrier Safety and 
     Pilot Training (in this section referred to as the ``Task 
     Force'').
       (b) Composition.--The Task Force shall consist of members 
     appointed by the Administrator and shall include air carrier 
     representatives, labor union representatives, and aviation 
     safety experts with knowledge of foreign and domestic 
     regulatory requirements for flight crewmember education and 
     training.
       (c) Duties.--The duties of the Task Force shall include, at 
     a minimum, evaluating best practices in the air carrier 
     industry and providing recommendations in the following 
     areas:
       (1) Air carrier management responsibilities for flight 
     crewmember education and support.
       (2) Flight crewmember professional standards.
       (3) Flight crewmember training standards and performance.
       (4) Mentoring and information sharing between air carriers.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, and before the last day of each 180-
     day period thereafter until termination of the Task Force, 
     the Task Force shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report detailing--
       (1) the progress of the Task Force in identifying best 
     practices in the air carrier industry;
       (2) the progress of air carriers and labor unions in 
     implementing the best practices identified by the Task Force;
       (3) recommendations of the Task Force, if any, for 
     legislative or regulatory actions;
       (4) the progress of air carriers and labor unions in 
     implementing training-related, nonregulatory actions 
     recommended by the Administrator; and
       (5) the progress of air carriers in developing specific 
     programs to share safety data and ensure implementation of 
     the most effective safety practices.
       (e) Termination.--The Task Force shall terminate on 
     September 30, 2012.
       (f) Applicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Task Force.

     SEC. 344. IMPLEMENTATION OF NTSB FLIGHT CREWMEMBER TRAINING 
                   RECOMMENDATIONS.

       (a) Rulemaking Proceedings.--
       (1) Stall and upset recognition and recovery training.--The 
     Administrator of the Federal Aviation Administration shall 
     conduct a rulemaking proceeding to require part 121 air 
     carriers to provide flight crewmembers with ground training 
     and flight training or flight simulator training--
       (A) to recognize and avoid a stall of an aircraft or, if 
     not avoided, to recover from the stall; and
       (B) to recognize and avoid an upset of an aircraft or, if 
     not avoided, to execute such techniques as available data 
     indicate are appropriate to recover from the upset in a given 
     make, model, and series of aircraft.
       (2) Remedial training programs.--The Administrator shall 
     conduct a rulemaking proceeding to require part 121 air 
     carriers to establish remedial training programs for flight 
     crewmembers who have demonstrated performance deficiencies or 
     experienced failures in the training environment.
       (3) Deadlines.--The Administrator shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, issue a notice of proposed rulemaking under each of 
     paragraphs (1) and (2); and
       (B) not later than 24 months after the date of enactment of 
     this Act, issue a final rule for the rulemaking under each of 
     paragraphs (1) and (2).
       (b) Stick Pusher Training and Weather Event Training.--
       (1) Multidisciplinary panel.--Not later than 120 days after 
     the date of enactment of this Act, the Administrator shall 
     convene a multidisciplinary panel of specialists in aircraft 
     operations, flight crewmember training, human factors, and 
     aviation safety to study and submit to the Administrator a 
     report on methods to increase the familiarity of flight 
     crewmembers with, and improve the response of flight 
     crewmembers to, stick pusher systems, icing conditions, and 
     microburst and windshear weather events.
       (2) Report to congress and ntsb.--Not later than one year 
     after the date on which the Administrator convenes the panel, 
     the Administrator shall--
       (A) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives, the Committee 
     on Commerce, Science, and Transportation of the Senate, and 
     the National Transportation Safety Board a report based on 
     the findings of the panel; and
       (B) with respect to stick pusher systems, initiate 
     appropriate actions to implement the recommendations of the 
     panel.
       (c) Definitions.--In this section, the following 
     definitions apply:
       (1) Flight training and flight simulator.--The terms 
     ``flight training'' and ``flight simulator'' have the 
     meanings given those terms in part 61.1 of title 14, Code of 
     Federal Regulations (or any successor regulation).
       (2) Stall.--The term ``stall'' means an aerodynamic loss of 
     lift caused by exceeding the critical angle of attack.
       (3) Stick pusher.--The term ``stick pusher'' means a device 
     that, at or near a stall, applies a nose down pitch force to 
     an aircraft's control columns to attempt to decrease the 
     aircraft's angle of attack.
       (4) Upset.--The term ``upset'' means an unusual aircraft 
     attitude.

     SEC. 345. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY 
                   RECOMMENDATIONS.

       (a) In General.--The first sentence of section 1135(a) of 
     title 49, United States Code, is amended by inserting ``to 
     the National Transportation Safety Board'' after ``shall 
     give''.
       (b) Air Carrier Safety Recommendations.--Section 1135 of 
     such title is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Annual Report on Air Carrier Safety 
     Recommendations.--
       ``(1) In general.--The Secretary shall submit to Congress 
     and the Board, on an annual basis, a report on the 
     recommendations made by the Board to the Secretary regarding 
     air carrier operations conducted under part 121 of title 14, 
     Code of Federal Regulations.
       ``(2) Recommendations to be covered.--The report shall 
     cover--
       ``(A) any recommendation for which the Secretary has 
     developed, or intends to develop, procedures to adopt the 
     recommendation or part of the recommendation, but has yet to 
     complete the procedures; and
       ``(B) any recommendation for which the Secretary, in the 
     preceding year, has issued a response under subsection (a)(2) 
     or (a)(3) refusing

[[Page 5089]]

     to carry out all or part of the procedures to adopt the 
     recommendation.
       ``(3) Contents.--
       ``(A) Plans to adopt recommendations.--For each 
     recommendation of the Board described in paragraph (2)(A), 
     the report shall contain--
       ``(i) a description of the recommendation;
       ``(ii) a description of the procedures planned for adopting 
     the recommendation or part of the recommendation;
       ``(iii) the proposed date for completing the procedures; 
     and
       ``(iv) if the Secretary has not met a deadline contained in 
     a proposed timeline developed in connection with the 
     recommendation under subsection (b), an explanation for not 
     meeting the deadline.
       ``(B) Refusals to adopt recommendations.--For each 
     recommendation of the Board described in paragraph (2)(B), 
     the report shall contain--
       ``(i) a description of the recommendation; and
       ``(ii) a description of the reasons for the refusal to 
     carry out all or part of the procedures to adopt the 
     recommendation.''.

     SEC. 346. FAA PILOT RECORDS DATABASE.

       (a) Records of Employment of Pilot Applicants.--Section 
     44703(h) of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(16) Applicability.--This subsection shall cease to be 
     effective on the date specified in regulations issued under 
     subsection (i).''.
       (b) Establishment of FAA Pilot Records Database.--Section 
     44703 of such title is amended--
       (1) by redesignating subsections (i) and (j) as subsections 
     (j) and (k), respectively; and
       (2) by inserting after subsection (h) the following:
       ``(i) FAA Pilot Records Database.--
       ``(1) In general.--Before allowing an individual to begin 
     service as a pilot, an air carrier shall access and evaluate, 
     in accordance with the requirements of this subsection, 
     information pertaining to the individual from the pilot 
     records database established under paragraph (2).
       ``(2) Pilot records database.--The Administrator shall 
     establish an electronic database (in this subsection referred 
     to as the `database') containing the following records:
       ``(A) FAA records.--From the Administrator--
       ``(i) records that are maintained by the Administrator 
     concerning current airman certificates, including airman 
     medical certificates and associated type ratings and 
     information on any limitations to those certificates and 
     ratings;
       ``(ii) records that are maintained by the Administrator 
     concerning any failed attempt of an individual to pass a 
     practical test required to obtain a certificate or type 
     rating under part 61 of title 14, Code of Federal 
     Regulations; and
       ``(iii) summaries of legal enforcement actions resulting in 
     a finding by the Administrator of a violation of this title 
     or a regulation prescribed or order issued under this title 
     that was not subsequently overturned.
       ``(B) Air carrier and other records.--From any air carrier 
     or other person (except a branch of the Armed Forces, the 
     National Guard, or a reserve component of the Armed Forces) 
     that has employed an individual as a pilot of a civil or 
     public aircraft, or from the trustee in bankruptcy for such 
     air carrier or person--
       ``(i) records pertaining to the individual that are 
     maintained by the air carrier (other than records relating to 
     flight time, duty time, or rest time), including records 
     under regulations set forth in--

       ``(I) section 121.683 of title 14, Code of Federal 
     Regulations;
       ``(II) paragraph (A) of section VI, appendix I, part 121 of 
     such title;
       ``(III) paragraph (A) of section IV, appendix J, part 121 
     of such title;
       ``(IV) section 125.401 of such title; and
       ``(V) section 135.63(a)(4) of such title; and

       ``(ii) other records pertaining to the individual's 
     performance as a pilot that are maintained by the air carrier 
     or person concerning--

       ``(I) the training, qualifications, proficiency, or 
     professional competence of the individual, including comments 
     and evaluations made by a check airman designated in 
     accordance with section 121.411, 125.295, or 135.337 of such 
     title;
       ``(II) any disciplinary action taken with respect to the 
     individual that was not subsequently overturned; and
       ``(III) any release from employment or resignation, 
     termination, or disqualification with respect to employment.

       ``(C) National driver register records.--In accordance with 
     section 30305(b)(8) of this title, from the chief driver 
     licensing official of a State, information concerning the 
     motor vehicle driving record of the individual.
       ``(3) Written consent; release from liability.--An air 
     carrier--
       ``(A) shall obtain the written consent of an individual 
     before accessing records pertaining to the individual under 
     paragraph (1); and
       ``(B) may, notwithstanding any other provision of law or 
     agreement to the contrary, require an individual with respect 
     to whom the carrier is accessing records under paragraph (1) 
     to execute a release from liability for any claim arising 
     from accessing the records or the use of such records by the 
     air carrier in accordance with this section (other than a 
     claim arising from furnishing information known to be false 
     and maintained in violation of a criminal statute).
       ``(4) Reporting.--
       ``(A) Reporting by administrator.--The Administrator shall 
     enter data described in paragraph (2)(A) into the database 
     promptly to ensure that an individual's records are current.
       ``(B) Reporting by air carriers and other persons.--
       ``(i) In general.--Air carriers and other persons shall 
     report data described in paragraphs (2)(B) and (2)(C) to the 
     Administrator promptly for entry into the database.
       ``(ii) Data to be reported.--Air carriers and other persons 
     shall report, at a minimum, under clause (i) the following 
     data described in paragraph (2)(B):

       ``(I) Records that are generated by the air carrier or 
     other person after the date of enactment of this paragraph.
       ``(II) Records that the air carrier or other person is 
     maintaining, on such date of enactment, pursuant to 
     subsection (h)(4).

       ``(5) Requirement to maintain records.--The Administrator--
       ``(A) shall maintain all records entered into the database 
     under paragraph (2) pertaining to an individual until the 
     date of receipt of notification that the individual is 
     deceased; and
       ``(B) may remove the individual's records from the database 
     after that date.
       ``(6) Receipt of consent.--The Administrator shall not 
     permit an air carrier to access records pertaining to an 
     individual from the database under paragraph (1) without the 
     air carrier first demonstrating to the satisfaction of the 
     Administrator that the air carrier has obtained the written 
     consent of the individual.
       ``(7) Right of pilot to review certain records and correct 
     inaccuracies.--Notwithstanding any other provision of law or 
     agreement, the Administrator, upon receipt of written request 
     from an individual--
       ``(A) shall make available, not later than 30 days after 
     the date of the request, to the individual for review all 
     records referred to in paragraph (2) pertaining to the 
     individual; and
       ``(B) shall provide the individual with a reasonable 
     opportunity to submit written comments to correct any 
     inaccuracies contained in the records.
       ``(8) Reasonable charges for processing requests and 
     furnishing copies.--The Administrator may establish a 
     reasonable charge for the cost of processing a request under 
     paragraph (1) or (7) and for the cost of furnishing copies of 
     requested records under paragraph (7).
       ``(9) Privacy protections.--
       ``(A) Use of records.--An air carrier that accesses records 
     pertaining to an individual under paragraph (1) may use the 
     records only to assess the qualifications of the individual 
     in deciding whether or not to hire the individual as a pilot. 
     The air carrier shall take such actions as may be necessary 
     to protect the privacy of the individual and the 
     confidentiality of the records accessed, including ensuring 
     that information contained in the records is not divulged to 
     any individual that is not directly involved in the hiring 
     decision.
       ``(B) Disclosure of information.--
       ``(i) In general.--Except as provided by clause (ii), 
     information collected by the Administrator under paragraph 
     (2) shall be exempt from the disclosure requirements of 
     section 552 of title 5.
       ``(ii) Exceptions.--Clause (i) shall not apply to--

       ``(I) de-identified, summarized information to explain the 
     need for changes in policies and regulations;
       ``(II) information to correct a condition that compromises 
     safety;
       ``(III) information to carry out a criminal investigation 
     or prosecution;
       ``(IV) information to comply with section 44905, regarding 
     information about threats to civil aviation; and
       ``(V) such information as the Administrator determines 
     necessary, if withholding the information would not be 
     consistent with the safety responsibilities of the Federal 
     Aviation Administration.

       ``(10) Periodic review.--Not later than 18 months after the 
     date of enactment of this paragraph, and at least once every 
     3 years thereafter, the Administrator shall transmit to 
     Congress a statement that contains, taking into account 
     recent developments in the aviation industry--
       ``(A) recommendations by the Administrator concerning 
     proposed changes to Federal Aviation Administration records, 
     air carrier records, and other records required to be 
     included in the database under paragraph (2); or
       ``(B) reasons why the Administrator does not recommend any 
     proposed changes to the records referred to in subparagraph 
     (A).
       ``(11) Regulations for protection and security of 
     records.--The Administrator shall prescribe such regulations 
     as may be necessary--
       ``(A) to protect and secure--
       ``(i) the personal privacy of any individual whose records 
     are accessed under paragraph (1); and
       ``(ii) the confidentiality of those records; and
       ``(B) to preclude the further dissemination of records 
     received under paragraph (1) by the person who accessed the 
     records.
       ``(12) Good faith exception.--Notwithstanding paragraph 
     (1), an air carrier may allow an individual to begin service 
     as a pilot, without first obtaining information described in 
     paragraph (2)(B) from the database pertaining to the 
     individual, if--
       ``(A) the air carrier has made a documented good faith 
     attempt to access the information from the database; and
       ``(B) has received written notice from the Administrator 
     that the information is not contained in the database because 
     the individual

[[Page 5090]]

     was employed by an air carrier or other person that no longer 
     exists or by a foreign government or other entity that has 
     not provided the information to the database.
       ``(13) Limitations on electronic access to records.--
       ``(A) Access by individuals designated by air carriers.--
     For the purpose of increasing timely and efficient access to 
     records described in paragraph (2), the Administrator may 
     allow, under terms established by the Administrator, an 
     individual designated by an air carrier to have electronic 
     access to the database.
       ``(B) Terms.--The terms established by the Administrator 
     under subparagraph (A) for allowing a designated individual 
     to have electronic access to the database shall limit such 
     access to instances in which information in the database is 
     required by the designated individual in making a hiring 
     decision concerning a pilot applicant and shall require that 
     the designated individual provide assurances satisfactory to 
     the Administrator that--
       ``(i) the designated individual has received the written 
     consent of the pilot applicant to access the information; and
       ``(ii) information obtained using such access will not be 
     used for any purpose other than making the hiring decision.
       ``(14) Authorized expenditures.--Out of amounts 
     appropriated under section 106(k)(1), there is authorized to 
     be expended to carry out this subsection such sums as may be 
     necessary for each of fiscal years 2010, 2011, and 2012.
       ``(15) Regulations.--
       ``(A) In general.--The Administrator shall issue 
     regulations to carry out this subsection.
       ``(B) Effective date.--The regulations shall specify the 
     date on which the requirements of this subsection take effect 
     and the date on which the requirements of subsection (h) 
     cease to be effective.
       ``(C) Exceptions.--Notwithstanding subparagraph (B)--
       ``(i) the Administrator shall begin to establish the 
     database under paragraph (2) not later than 90 days after the 
     date of enactment of this paragraph;
       ``(ii) the Administrator shall maintain records in 
     accordance with paragraph (5) beginning on the date of 
     enactment of this paragraph; and
       ``(iii) air carriers and other persons shall maintain 
     records to be reported to the database under paragraph (4)(B) 
     in the period beginning on such date of enactment and ending 
     on the date that is 5 years after the requirements of 
     subsection (h) cease to be effective pursuant to subparagraph 
     (B).
       ``(16) Special rule.--During the one-year period beginning 
     on the date on which the requirements of this section become 
     effective pursuant to paragraph (15)(B), paragraph (7)(A) 
     shall be applied by substituting `45 days' for `30 days'.''.
       (c) Conforming Amendments.--
       (1) Limitation on liability; preemption of state law.--
     Section 44703(j) (as redesignated by subsection (b)(1) of 
     this section) is amended--
       (A) in the subsection heading by striking ``Limitation'' 
     and inserting ``Limitations'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A) by striking 
     ``paragraph (2)'' and inserting ``subsection (h)(2) or 
     (i)(3)'';
       (ii) in subparagraph (A) by inserting ``or accessing the 
     records of that individual under subsection (i)(1)'' before 
     the semicolon; and
       (iii) in the matter following subparagraph (D) by striking 
     ``subsection (h)'' and inserting ``subsection (h) or (i)'';
       (C) in paragraph (2) by striking ``subsection (h)'' and 
     inserting ``subsection (h) or (i)'';
       (D) in paragraph (3), in the matter preceding subparagraph 
     (A), by inserting ``or who furnished information to the 
     database established under subsection (i)(2)'' after 
     ``subsection (h)(1)''; and
       (E) by adding at the end the following:
       ``(4) Prohibition on actions and proceedings against air 
     carriers.--
       ``(A) Hiring decisions.--An air carrier may refuse to hire 
     an individual as a pilot if the individual did not provide 
     written consent for the air carrier to receive records under 
     subsection (h)(2)(A) or (i)(3)(A) or did not execute the 
     release from liability requested under subsection (h)(2)(B) 
     or (i)(3)(B).
       ``(B) Actions and proceedings.--No action or proceeding may 
     be brought against an air carrier by or on behalf of an 
     individual who has applied for or is seeking a position as a 
     pilot with the air carrier if the air carrier refused to hire 
     the individual after the individual did not provide written 
     consent for the air carrier to receive records under 
     subsection (h)(2)(A) or (i)(3)(A) or did not execute a 
     release from liability requested under subsection (h)(2)(B) 
     or (i)(3)(B).''.
       (2) Limitation on statutory construction.--Section 44703(k) 
     (as redesignated by subsection (b)(1) of this section) is 
     amended by striking ``subsection (h)'' and inserting 
     ``subsection (h) or (i)''.

     SEC. 347. FAA RULEMAKING ON TRAINING PROGRAMS.

       (a) Completion of Rulemaking on Training Programs.--Not 
     later than 14 months after the date of enactment of this Act, 
     the Administrator of the Federal Aviation Administration 
     shall issue a final rule with respect to the notice of 
     proposed rulemaking published in the Federal Register on 
     January 12, 2009 (74 Fed. Reg. 1280; relating to training 
     programs for flight crewmembers and aircraft dispatchers).
       (b) Expert Panel To Review Part 121 and Part 135 Training 
     Hours.--
       (1) Establishment.--Not later than 60 days after the date 
     of enactment of this Act, the Administrator shall convene a 
     multidisciplinary expert panel comprised of, at a minimum, 
     air carrier representatives, training facility 
     representatives, instructional design experts, aircraft 
     manufacturers, safety organization representatives, and labor 
     union representatives.
       (2) Assessment and recommendations.--The panel shall assess 
     and make recommendations concerning--
       (A) the best methods and optimal time needed for flight 
     crewmembers of part 121 air carriers and flight crewmembers 
     of part 135 air carriers to master aircraft systems, 
     maneuvers, procedures, take offs and landings, and crew 
     coordination;
       (B) the optimal length of time between training events for 
     such crewmembers, including recurrent training events;
       (C) the best methods to reliably evaluate mastery by such 
     crewmembers of aircraft systems, maneuvers, procedures, take 
     offs and landings, and crew coordination; and
       (D) the best methods to allow specific academic training 
     courses to be credited pursuant to section 11(d) toward the 
     total flight hours required to receive an airline transport 
     pilot certificate.
       (3) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the National Transportation 
     Safety Board a report based on the findings of the panel.

     SEC. 348. AVIATION SAFETY INSPECTORS AND OPERATIONAL RESEARCH 
                   ANALYSTS.

       (a) Review by DOT Inspector General.--Not later than 9 
     months after the date of enactment of this Act, the Inspector 
     General of the Department of Transportation shall conduct a 
     review of aviation safety inspectors and operational research 
     analysts of the Federal Aviation Administration assigned to 
     part 121 air carriers and submit to the Administrator of the 
     Federal Aviation Administration a report on the results of 
     the review.
       (b) Purposes.--The purpose of the review shall be, at a 
     minimum--
       (1) to review the level of the Administration's oversight 
     of each part 121 air carrier;
       (2) to make recommendations to ensure that each part 121 
     air carrier is receiving an equivalent level of oversight;
       (3) to assess the number and level of experience of 
     aviation safety inspectors assigned to such carriers;
       (4) to evaluate how the Administration is making 
     assignments of aviation safety inspectors to such carriers;
       (5) to review various safety inspector oversight programs, 
     including the geographic inspector program;
       (6) to evaluate the adequacy of the number of operational 
     research analysts assigned to each part 121 air carrier;
       (7) to evaluate the surveillance responsibilities of 
     aviation safety inspectors, including en route inspections;
       (8) to evaluate whether inspectors are able to effectively 
     use data sources, such as the Safety Performance Analysis 
     System and the Air Transportation Oversight System, to assist 
     in targeting oversight of air carriers;
       (9) to assess the feasibility of establishment by the 
     Administration of a comprehensive repository of information 
     that encompasses multiple Administration data sources and 
     allowing access by aviation safety inspectors and operational 
     research analysts to assist in the oversight of part 121 air 
     carriers; and
       (10) to conduct such other analyses as the Inspector 
     General considers relevant to the purpose of the review.
       (c) Report to Congress.--Not later than 90 days after the 
     date of receipt of the report submitted under subsection (a), 
     the Administrator shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report--
       (1) that specifies which, if any, policy changes 
     recommended by the Inspector General under this section the 
     Administrator intends to adopt and implement;
       (2) that includes an explanation of how the Administrator 
     plans to adopt and implement such policy changes; and
       (3) in any case in which the Administrator does not intend 
     to adopt a policy change recommended by the Inspector 
     General, that includes an explanation of the reasons for the 
     decision not to adopt and implement the policy change.

     SEC. 349. FLIGHT CREWMEMBER MENTORING, PROFESSIONAL 
                   DEVELOPMENT, AND LEADERSHIP.

       (a) Rulemaking Proceeding.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall conduct a rulemaking proceeding to 
     require each part 121 air carrier to take the following 
     actions:
       (A) Establish flight crewmember mentoring programs under 
     which the air carrier will pair highly experienced flight 
     crewmembers who will serve as mentor pilots and be paired 
     with newly employed flight crewmembers. Mentor pilots shall 
     receive, at a minimum, specific instruction on techniques for 
     instilling and reinforcing the highest standards of technical 
     performance, airmanship, and professionalism in newly 
     employed flight crewmembers.
       (B) Establish flight crewmember professional development 
     committees made up of air carrier

[[Page 5091]]

     management and labor union or professional association 
     representatives to develop, administer, and oversee formal 
     mentoring programs of the carrier to assist flight 
     crewmembers to reach their maximum potential as safe, 
     seasoned, and proficient flight crewmembers.
       (C) Establish or modify training programs to accommodate 
     substantially different levels and types of flight experience 
     by newly employed flight crewmembers.
       (D) Establish or modify training programs for second-in-
     command flight crewmembers attempting to qualify as pilot-in-
     command flight crewmembers for the first time in a specific 
     aircraft type and ensure that such programs include 
     leadership and command training.
       (E) Ensure that recurrent training for pilots in command 
     includes leadership and command training.
       (F) Such other actions as the Administrator determines 
     appropriate to enhance flight crewmember professional 
     development.
       (2) Compliance with sterile cockpit rule.--Leadership and 
     command training described in paragraphs (1)(D) and (1)(E) 
     shall include instruction on compliance with flight 
     crewmember duties under part 121.542 of title 14, Code of 
     Federal Regulations.
       (3) Streamlined program review.--
       (A) In general.--As part of the rulemaking required by 
     subsection (a), the Administrator shall establish a 
     streamlined process for part 121 air carriers that have in 
     effect, as of the date of enactment of this Act, the programs 
     required by paragraph (1).
       (B) Expedited approvals.--Under the streamlined process, 
     the Administrator shall--
       (i) review the programs of such part 121 air carriers to 
     determine whether the programs meet the requirements set 
     forth in the final rule referred to in subsection (b)(2); and
       (ii) expedite the approval of the programs that the 
     Administrator determines meet such requirements.
       (b) Deadlines.--The Administrator shall issue--
       (1) not later than 180 days after the date of enactment of 
     this Act, a notice of proposed rulemaking under subsection 
     (a); and
       (2) not later than 24 months after such date of enactment, 
     a final rule under subsection (a).

     SEC. 350. FLIGHT CREWMEMBER SCREENING AND QUALIFICATIONS.

       (a) Requirements.--
       (1) Rulemaking proceeding.--The Administrator of the 
     Federal Aviation Administration shall conduct a rulemaking 
     proceeding to require part 121 air carriers to develop and 
     implement means and methods for ensuring that flight 
     crewmembers have proper qualifications and experience.
       (2) Minimum requirements.--
       (A) Prospective flight crewmembers.--Rules issued under 
     paragraph (1) shall ensure that prospective flight 
     crewmembers undergo comprehensive pre-employment screening, 
     including an assessment of the skills, aptitudes, airmanship, 
     and suitability of each applicant for a position as a flight 
     crewmember in terms of functioning effectively in the air 
     carrier's operational environment.
       (B) All flight crewmembers.--Rules issued under paragraph 
     (1) shall ensure that, after the date that is 3 years after 
     the date of enactment of this Act, all flight crewmembers--
       (i) have obtained an airline transport pilot certificate 
     under part 61 of title 14, Code of Federal Regulations; and
       (ii) have appropriate multi-engine aircraft flight 
     experience, as determined by the Administrator.
       (b) Deadlines.--The Administrator shall issue--
       (1) not later than 180 days after the date of enactment of 
     this Act, a notice of proposed rulemaking under subsection 
     (a); and
       (2) not later than 24 months after such date of enactment, 
     a final rule under subsection (a).

     SEC. 351. AIRLINE TRANSPORT PILOT CERTIFICATION.

       (a) Rulemaking Proceeding.--The Administrator of the 
     Federal Aviation Administration shall conduct a rulemaking 
     proceeding to amend part 61 of title 14, Code of Federal 
     Regulations, to modify requirements for the issuance of an 
     airline transport pilot certificate.
       (b) Minimum Requirements.--To be qualified to receive an 
     airline transport pilot certificate pursuant to subsection 
     (a), an individual shall--
       (1) have sufficient flight hours, as determined by the 
     Administrator, to enable a pilot to function effectively in 
     an air carrier operational environment; and
       (2) have received flight training, academic training, or 
     operational experience that will prepare a pilot, at a 
     minimum, to--
       (A) function effectively in a multipilot environment;
       (B) function effectively in adverse weather conditions, 
     including icing conditions;
       (C) function effectively during high altitude operations;
       (D) adhere to the highest professional standards; and
       (E) function effectively in an air carrier operational 
     environment.
       (c) Flight Hours.--
       (1) Numbers of flight hours.--The total flight hours 
     required by the Administrator under subsection (b)(1) shall 
     be at least 1,500 flight hours.
       (2) Flight hours in difficult operational conditions.--The 
     total flight hours required by the Administrator under 
     subsection (b)(1) shall include sufficient flight hours, as 
     determined by the Administrator, in difficult operational 
     conditions that may be encountered by an air carrier to 
     enable a pilot to operate safely in such conditions.
       (d) Credit Toward Flight Hours.--The Administrator may 
     allow specific academic training courses, beyond those 
     required under subsection (b)(2), to be credited toward the 
     total flight hours required under subsection (c). The 
     Administrator may allow such credit based on a determination 
     by the Administrator that allowing a pilot to take specific 
     academic training courses will enhance safety more than 
     requiring the pilot to fully comply with the flight hours 
     requirement.
       (e) Recommendations of Expert Panel.--In conducting the 
     rulemaking proceeding under this section, the Administrator 
     shall review and consider the assessment and recommendations 
     of the expert panel to review part 121 and part 135 training 
     hours established by section 7(b) of this Act.
       (f) Deadline.--Not later than 36 months after the date of 
     enactment of this Act, the Administrator shall issue a final 
     rule under subsection (a).

     SEC. 352. FLIGHT SCHOOLS, FLIGHT EDUCATION, AND PILOT 
                   ACADEMIC TRAINING.

       (a) GAO Study.--The Comptroller General shall conduct a 
     comprehensive study of flight schools, flight education, and 
     academic training requirements for certification of an 
     individual as a pilot.
       (b) Minimum Contents of Study.--The study shall include, at 
     a minimum--
       (1) an assessment of the Federal Aviation Administration's 
     oversight of flight schools;
       (2) an assessment of the Administration's academic training 
     requirements in effect on the date of enactment of this Act 
     as compared to flight education provided to a pilot by 
     accredited 2- and 4-year universities;
       (3) an assessment of the quality of pilots entering the 
     part 121 air carrier workforce from all sources after 
     receiving training from flight training providers, including 
     Aviation Accreditation Board International, universities, 
     pilot training organizations, and the military, utilizing the 
     training records of part 121 air carriers, including 
     consideration of any relationships between flight training 
     providers and air carriers;
       (4) a comparison of the academic training requirements for 
     pilots in the United States to the academic training 
     requirements for pilots in other countries;
       (5) a determination and description of any improvements 
     that may be needed in the Administration's academic training 
     requirements for pilots;
       (6) an assessment of student financial aid and loan options 
     available to individuals interested in enrolling at a flight 
     school for both academic and flight hour training;
       (7) an assessment of the Federal Aviation Administration's 
     oversight of general aviation flight schools that offer or 
     would like to offer training programs under part 142 of title 
     14, Code of Federal Regulations; and
       (8) an assessment of whether compliance with the English 
     speaking requirements applicable to pilots under part 61 of 
     such title is adequately tested and enforced.
       (c) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the study.

     SEC. 353. VOLUNTARY SAFETY PROGRAMS.

       (a) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science and 
     Transportation of the Senate a report on the aviation safety 
     action program, the flight operational quality assurance 
     program, the line operations safety audit, and the advanced 
     qualification program.
       (b) Contents.--The report shall include--
       (1) a list of--
       (A) which air carriers are using one or more of the 
     voluntary safety programs referred to in subsection (a); and
       (B) the voluntary safety programs each air carrier is 
     using;
       (2) if an air carrier is not using one or more of the 
     voluntary safety programs--
       (A) a list of such programs the carrier is not using; and
       (B) the reasons the carrier is not using each such program;
       (3) if an air carrier is using one or more of the voluntary 
     safety programs, an explanation of the benefits and 
     challenges of using each such program;
       (4) a detailed analysis of how the Administration is using 
     data derived from each of the voluntary safety programs as 
     safety analysis and accident or incident prevention tools and 
     a detailed plan on how the Administration intends to expand 
     data analysis of such programs;
       (5) an explanation of--
       (A) where the data derived from such programs is stored;
       (B) how the data derived from such programs is protected 
     and secured; and
       (C) what data analysis processes air carriers are 
     implementing to ensure the effective use of the data derived 
     from such programs;
       (6) a description of the extent to which aviation safety 
     inspectors are able to review data derived from such programs 
     to enhance their oversight responsibilities;
       (7) a description of how the Administration plans to 
     incorporate operational trends identified under such programs 
     into the air transport

[[Page 5092]]

     oversight system and other surveillance databases so that 
     such system and databases are more effectively utilized;
       (8) other plans to strengthen such programs, taking into 
     account reviews of such programs by the Inspector General of 
     the Department of Transportation; and
       (9) such other matters as the Administrator determines are 
     appropriate.

     SEC. 354. ASAP AND FOQA IMPLEMENTATION PLAN.

       (a) Development and Implementation Plan.--The Administrator 
     of the Federal Aviation Administration shall develop and 
     implement a plan to facilitate the establishment of an 
     aviation safety action program and a flight operational 
     quality assurance program by all part 121 air carriers.
       (b) Matters To Be Considered.--In developing the plan under 
     subsection (a), the Administrator shall consider--
       (1) how the Administration can assist part 121 air carriers 
     with smaller fleet sizes to derive benefit from establishing 
     a flight operational quality assurance program;
       (2) how part 121 air carriers with established aviation 
     safety action and flight operational quality assurance 
     programs can quickly begin to report data into the aviation 
     safety information analysis sharing database; and
       (3) how part 121 air carriers and aviation safety 
     inspectors can better utilize data from such database as 
     accident and incident prevention tools.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Science, Commerce, 
     and Transportation of the Senate a copy of the plan developed 
     under subsection (a) and an explanation of how the 
     Administration will implement the plan.
       (d) Deadline for Beginning Implementation of Plan.--Not 
     later than one year after the date of enactment of this Act, 
     the Administrator shall begin implementation of the plan 
     developed under subsection (a).

     SEC. 355. SAFETY MANAGEMENT SYSTEMS.

       (a) Rulemaking.--The Administrator of the Federal Aviation 
     Administration shall conduct a rulemaking proceeding to 
     require all part 121 air carriers to implement a safety 
     management system.
       (b) Matters to Consider.--In conducting the rulemaking 
     under subsection (a), the Administrator shall consider, at a 
     minimum, including each of the following as a part of the 
     safety management system:
       (1) An aviation safety action program.
       (2) A flight operational quality assurance program.
       (3) A line operations safety audit.
       (4) An advanced qualification program.
       (c) Deadlines.--The Administrator shall issue--
       (1) not later than 90 days after the date of enactment of 
     this Act, a notice of proposed rulemaking under subsection 
     (a); and
       (2) not later than 24 months after the date of enactment of 
     this Act, a final rule under subsection (a).
       (d) Safety Management System Defined.--In this section, the 
     term ``safety management system'' means the program 
     established by the Federal Aviation Administration in 
     Advisory Circular 120-92, dated June 22, 2006, including any 
     subsequent revisions thereto.

     SEC. 356. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR 
                   TICKETS SOLD FOR AIR TRANSPORTATION.

       Section 41712 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(c) Disclosure Requirement for Sellers of Tickets for 
     Flights.--
       ``(1) In general.--It shall be an unfair or deceptive 
     practice under subsection (a) for any ticket agent, air 
     carrier, foreign air carrier, or other person offering to 
     sell tickets for air transportation on a flight of an air 
     carrier to not disclose, whether verbally in oral 
     communication or in writing in written or electronic 
     communication, prior to the purchase of a ticket--
       ``(A) the name (including any business or corporate name) 
     of the air carrier providing the air transportation; and
       ``(B) if the flight has more than one flight segment, the 
     name of each air carrier providing the air transportation for 
     each such flight segment.
       ``(2) Internet offers.--In the case of an offer to sell 
     tickets described in paragraph (1) on an Internet Web site, 
     disclosure of the information required by paragraph (1) shall 
     be provided on the first display of the Web site following a 
     search of a requested itinerary in a format that is easily 
     visible to a viewer.''.

     SEC. 357. PILOT FATIGUE.

       (a) Flight and Duty Time Regulations.--
       (1) In general.--In accordance with paragraph (3), the 
     Administrator of the Federal Aviation Administration shall 
     issue regulations, based on the best available scientific 
     information--
       (A) to specify limitations on the hours of flight and duty 
     time allowed for pilots to address problems relating to pilot 
     fatigue; and
       (B) to require part 121 air carriers to develop and 
     implement fatigue risk management plans.
       (2) Matters to be addressed.--In conducting the rulemaking 
     proceeding under this subsection, the Administrator shall 
     consider and review the following:
       (A) Time of day of flights in a duty period.
       (B) Number of takeoff and landings in a duty period.
       (C) Number of time zones crossed in a duty period.
       (D) The impact of functioning in multiple time zones or on 
     different daily schedules.
       (E) Research conducted on fatigue, sleep, and circadian 
     rhythms.
       (F) Sleep and rest requirements recommended by the National 
     Transportation Safety Board and the National Aeronautics and 
     Space Administration.
       (G) International standards regarding flight schedules and 
     duty periods.
       (H) Alternative procedures to facilitate alertness in the 
     cockpit.
       (I) Scheduling and attendance policies and practices, 
     including sick leave.
       (J) The effects of commuting, the means of commuting, and 
     the length of the commute.
       (K) Medical screening and treatment.
       (L) Rest environments.
       (M) Any other matters the Administrator considers 
     appropriate.
       (3) Deadlines.--The Administrator shall issue--
       (A) not later than 180 days after the date of enactment of 
     this Act, a notice of proposed rulemaking under subsection 
     (a); and
       (B) not later than one year after the date of enactment of 
     this Act, a final rule under subsection (a).
       (b) Fatigue Risk Management Plan.--
       (1) Submission of fatigue risk management plan by part 121 
     air carriers.--Not later than 90 days after the date of 
     enactment of this section, each part 121 air carrier shall 
     submit to the Administrator for review and approval a fatigue 
     risk management plan.
       (2) Contents of plan.--A fatigue risk management plan 
     submitted by a part 121 air carrier under paragraph (1) shall 
     include the following:
       (A) Current flight time and duty period limitations.
       (B) A rest scheme that enables the management of fatigue, 
     including annual training to increase awareness of--
       (i) fatigue;
       (ii) the effects of fatigue on pilots; and
       (iii) fatigue countermeasures.
       (C) Development and use of a methodology that continually 
     assesses the effectiveness of the program, including the 
     ability of the program--
       (i) to improve alertness; and
       (ii) to mitigate performance errors.
       (3) Plan updates.--A part 121 air carrier shall update its 
     fatigue risk management plan under paragraph (1) every 2 
     years and submit the update to the Administrator for review 
     and approval.
       (4) Approval.--
       (A) Initial approval or modification.--Not later than 9 
     months after the date of enactment of this section, the 
     Administrator shall review and approve or require 
     modification to fatigue risk management plans submitted under 
     this subsection to ensure that pilots are not operating 
     aircraft while fatigued.
       (B) Update approval or modification.--Not later than 9 
     months after submission of a plan update under paragraph (3), 
     the Administrator shall review and approve or require 
     modification to such update.
       (5) Civil penalties.--A violation of this subsection by a 
     part 121 air carrier shall be treated as a violation of 
     chapter 447 of title 49, United States Code, for purposes of 
     the application of civil penalties under chapter 463 of that 
     title.
       (6) Limitation on applicability.--The requirements of this 
     subsection shall cease to apply to a part 121 air carrier on 
     and after the effective date of the regulations to be issued 
     under subsection (a).
       (c) Effect of Commuting on Fatigue.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall enter into 
     appropriate arrangements with the National Academy of 
     Sciences to conduct a study of the effects of commuting on 
     pilot fatigue and report its findings to the Administrator.
       (2) Study.--In conducting the study, the National Academy 
     of Sciences shall consider--
       (A) the prevalence of pilot commuting in the commercial air 
     carrier industry, including the number and percentage of 
     pilots who commute;
       (B) information relating to commuting by pilots, including 
     distances traveled, time zones crossed, time spent, and 
     methods used;
       (C) research on the impact of commuting on pilot fatigue, 
     sleep, and circadian rhythms;
       (D) commuting policies of commercial air carriers 
     (including passenger and all-cargo air carriers), including 
     pilot check-in requirements and sick leave and fatigue 
     policies;
       (E) post-conference materials from the Federal Aviation 
     Administration's June 2008 symposium entitled ``Aviation 
     Fatigue Management Symposium: Partnerships for Solutions'';
       (F) Federal Aviation Administration and international 
     policies and guidance regarding commuting; and
       (G) any other matters as the Administrator considers 
     appropriate.
       (3) Preliminary findings.--Not later than 90 days after the 
     date of entering into arrangements under paragraph (1), the 
     National Academy of Sciences shall submit to the 
     Administrator its preliminary findings under the study.
       (4) Report.--Not later than 6 months after the date of 
     entering into arrangements under paragraph (1), the National 
     Academy of Sciences shall submit to the Administrator a 
     report containing its findings under the study and any 
     recommendations for regulatory or administrative actions by 
     the Federal Aviation Administration concerning commuting by 
     pilots.
       (5) Rulemaking.--Following receipt of the report of the 
     National Academy of Sciences under paragraph (4), the 
     Administrator shall--
       (A) consider the findings and recommendations in the 
     report; and

[[Page 5093]]

       (B) update, as appropriate based on scientific data, 
     regulations required by subsection (a) on flight and duty 
     time.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.

     SEC. 358. FLIGHT CREWMEMBER PAIRING AND CREW RESOURCE 
                   MANAGEMENT TECHNIQUES.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on aviation industry 
     best practices with regard to flight crewmember pairing and 
     crew resource management techniques.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study.

                   TITLE IV--AIR SERVICE IMPROVEMENTS

     SEC. 401. SMOKING PROHIBITION.

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

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

     SEC. 402. MONTHLY AIR CARRIER REPORTS.

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

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

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

     SEC. 403. FLIGHT OPERATIONS AT REAGAN NATIONAL AIRPORT.

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

     SEC. 404. EAS CONTRACT GUIDELINES.

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

     SEC. 405. ESSENTIAL AIR SERVICE REFORM.

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

     SEC. 406. SMALL COMMUNITY AIR SERVICE.

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

     SEC. 407. AIR PASSENGER SERVICE IMPROVEMENTS.

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

           ``CHAPTER 423--AIR PASSENGER SERVICE IMPROVEMENTS

``Sec.

[[Page 5094]]

``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.
``42304. Notification of flight status by text message or email.

     ``Sec. 42301. Emergency contingency plans

       ``(a) Submission of Air Carrier and Airport Plans.--Not 
     later than 90 days after the date of enactment of this 
     section, each air carrier providing covered air 
     transportation at a large hub airport or medium hub airport 
     and each operator of a large hub airport or medium hub 
     airport shall submit to the Secretary of Transportation for 
     review and approval an emergency contingency plan in 
     accordance with the requirements of this section.
       ``(b) Covered Air Transportation Defined.--In this section, 
     the term `covered air transportation' means scheduled 
     passenger air transportation provided by an air carrier using 
     aircraft with more than 30 seats.
       ``(c) Air Carrier Plans.--
       ``(1) Plans for individual airports.--An air carrier shall 
     submit an emergency contingency plan under subsection (a) 
     for--
       ``(A) each large hub airport and medium hub airport at 
     which the carrier provides covered air transportation; and
       ``(B) each large hub airport and medium hub airport at 
     which the carrier has flights for which it has primary 
     responsibility for inventory control.
       ``(2) Contents.--An emergency contingency plan submitted by 
     an air carrier for an airport under subsection (a) shall 
     contain a description of how the air carrier will--
       ``(A) provide food, water that meets the standards of the 
     Safe Drinking Water Act (42 U.S.C. 300f et seq.), restroom 
     facilities, cabin ventilation, and access to medical 
     treatment for passengers onboard an aircraft at the airport 
     that is on the ground for an extended period of time without 
     access to the terminal;
       ``(B) allow passengers to deplane following excessive 
     delays; and
       ``(C) share facilities and make gates available at the 
     airport in an emergency.
       ``(d) Airport Plans.--An emergency contingency plan 
     submitted by an airport operator under subsection (a) shall 
     contain--
       ``(1) a description of how the airport operator, to the 
     maximum extent practicable, will provide for the deplanement 
     of passengers following excessive delays and will provide for 
     the sharing of facilities and make gates available at the 
     airport in an emergency; and
       ``(2) in the case of an airport that is used by an air 
     carrier or foreign air carrier for flights in foreign air 
     transportation, a description of how the airport operator 
     will provide for use of the airport's terminal, to the 
     maximum extent practicable, for the processing of passengers 
     arriving at the airport on such a flight in the case of an 
     excessive tarmac delay.
       ``(e) Updates.--
       ``(1) Air carriers.--An air carrier shall update the 
     emergency contingency plan submitted by the air carrier under 
     subsection (a) every 3 years and submit the update to the 
     Secretary for review and approval.
       ``(2) Airports.--An airport operator shall update the 
     emergency contingency plan submitted by the airport operator 
     under subsection (a) every 5 years and submit the update to 
     the Secretary for review and approval.
       ``(f) Approval.--
       ``(1) In general.--Not later than 9 months after the date 
     of enactment of this section, the Secretary shall review and 
     approve or require modifications to emergency contingency 
     plans submitted under subsection (a) and updates submitted 
     under subsection (e) to ensure that the plans and updates 
     will effectively address emergencies and provide for the 
     health and safety of passengers.
       ``(2) Civil penalties.--The Secretary may assess a civil 
     penalty under section 46301 against an air carrier or airport 
     that does not adhere to an emergency contingency plan 
     approved under this subsection.
       ``(g) Minimum Standards.--The Secretary may establish, as 
     necessary or desirable, minimum standards for elements in an 
     emergency contingency plan required to be submitted under 
     this section.
       ``(h) Public Access.--An air carrier or airport required to 
     submit emergency contingency plans under this section shall 
     ensure public access to such plan after its approval under 
     this section on the Internet website of the carrier or 
     airport or by such other means as determined by the 
     Secretary.

     ``Sec. 42302. Consumer complaints

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

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

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

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

       ``Not later than 180 days after the date of enactment of 
     this section, the Secretary of Transportation shall issue 
     regulations to require that each air carrier that has at 
     least 1 percent of total domestic scheduled-service passenger 
     revenue provide each passenger of the carrier--
       ``(1) an option to receive a text message or email or any 
     other comparable electronic service, subject to any fees 
     applicable under the contract of the passenger for the 
     electronic service, from the air carrier a notification of 
     any change in the status of the flight of the passenger 
     whenever the flight status is changed before the boarding 
     process for the flight commences; and
       ``(2) the notification if the passenger requests the 
     notification.''.
       (b) Clerical Amendment.--The analysis for subtitle VII is 
     amended by inserting after the item relating to chapter 421 
     the following:

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

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

     SEC. 408. CONTENTS OF COMPETITION PLANS.

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

     SEC. 409. EXTENSION OF COMPETITIVE ACCESS REPORTS.

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

     SEC. 410. CONTRACT TOWER PROGRAM.

       (a) Cost-Benefit Requirement.--Section 47124(b) is 
     amended--
       (1) by striking ``(1) The Secretary'' and inserting the 
     following:
       ``(1) Contract tower program.--
       ``(A) Continuation and extension.--The Secretary'';
       (2) by adding at the end of paragraph (1) the following:
       ``(B) Special rule.--If the Secretary determines that a 
     tower already operating under the program continued under 
     this paragraph has a benefit to cost ratio of less than 1.0, 
     the airport sponsor or State or local government having 
     jurisdiction over the airport shall not be required to pay 
     the portion of the costs that exceeds the benefit for a 
     period of 18 months after such determination is made.
       ``(C) Use of excess funds.--If the Secretary finds that all 
     or part of an amount made available to carry out the program 
     continued under this paragraph is not required during a 
     fiscal year, the Secretary may use, during such fiscal year, 
     the amount not so required to carry out the program 
     established under paragraph (3).''; and
       (3) by striking ``(2) The Secretary'' and inserting the 
     following:
       ``(2) General authority.--The Secretary''.
       (1) Section 47124(b)(3)(E) is amended to read as follows:
       ``(E) Funding.--Of the amounts appropriated pursuant to 
     section 106(k), not more than $9,500,000 for fiscal year 
     2010, $10,000,000 for fiscal year 2011, and $10,000,000 for 
     fiscal year 2012 may be used to carry out this paragraph.''.
       (2) Use of excess funds.--Section 47124(b)(3) is amended--
       (A) by redesignating subparagraph (E) (as amended by 
     paragraph (1) of this subsection) as subparagraph (F); and
       (B) by inserting after subparagraph (D) the following:
       ``(E) Use of excess funds.--If the Secretary finds that all 
     or part of an amount made available under this subparagraph 
     is not required during a fiscal year to carry out this 
     paragraph,

[[Page 5095]]

     the Secretary may use, during such fiscal year, the amount 
     not so required to carry out the program continued under 
     paragraph (1).''.
       (c) Federal Share.--Section 47124(b)(4)(C) is amended by 
     striking ``$1,500,000'' and inserting ``$2,000,000''.
       (d) Safety Audits.--Section 47124 is amended by adding at 
     the end the following:
       ``(c) Safety Audits.--The Secretary shall establish uniform 
     standards and requirements for safety assessments of air 
     traffic control towers that receive funding under this 
     section.''.

     SEC. 411. AIRFARES FOR MEMBERS OF THE ARMED FORCES.

       (a) Findings.--Congress finds that--
       (1) the Armed Forces is comprised of approximately 
     1,400,000 members who are stationed on active duty at more 
     than 6,000 military bases in 146 different countries;
       (2) the United States is indebted to the members of the 
     Armed Forces, many of whom are in grave danger due to their 
     engagement in, or exposure to, combat;
       (3) military service, especially in the current war against 
     terrorism, often requires members of the Armed Forces to be 
     separated from their families on short notice, for long 
     periods of time, and under very stressful conditions;
       (4) the unique demands of military service often preclude 
     members of the Armed Forces from purchasing discounted 
     advance airline tickets in order to visit their loved ones at 
     home and require members of the Armed Forces to travel with 
     heavy bags; and
       (5) it is the patriotic duty of the people of the United 
     States to support the members of the Armed Forces who are 
     defending the Nation's interests around the world at great 
     personal sacrifice.
       (b) Sense of Congress.--It is the sense of Congress that 
     each United States air carrier should--
       (1) establish for all members of the Armed Forces on active 
     duty reduced air fares that are comparable to the lowest 
     airfare for ticketed flights; and
       (2) offer flexible terms that allow members of the Armed 
     Forces on active duty to purchase, modify, or cancel tickets 
     without time restrictions, fees, and penalties and waive 
     baggage fees for a minimum of 3 bags.

     SEC. 412. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION 
                   PROGRAM.

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

     SEC. 413. ADJUSTMENT TO SUBSIDY CAP TO REFLECT INCREASED FUEL 
                   COSTS.

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

     SEC. 414. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF 
                   ELIGIBILITY FOR SUBSIDIZED ESSENTIAL AIR 
                   SERVICE.

       Section 41733 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(f) Notice to Communities Prior to Termination of 
     Eligibility.--
       ``(1) In general.--The Secretary shall notify each 
     community receiving basic essential air service for which 
     compensation is being paid under this subchapter on or before 
     the 45th day before issuing any final decision to end the 
     payment of such compensation due to a determination by the 
     Secretary that providing such service requires a rate of 
     subsidy per passenger in excess of the subsidy cap.
       ``(2) Procedures to avoid termination.--The Secretary shall 
     establish, by order, procedures by which each community 
     notified of an impending loss of subsidy under paragraph (1) 
     may work directly with an air carrier to ensure that the air 
     carrier is able to submit a proposal to the Secretary to 
     provide essential air service to such community for an amount 
     of compensation that would not exceed the subsidy cap.
       ``(3) Assistance provided.--The Secretary shall provide, by 
     order, to each community notified under paragraph (1) 
     information regarding--
       ``(A) the procedures established pursuant to paragraph (2); 
     and
       ``(B) the maximum amount of compensation that could be 
     provided under this subchapter to an air carrier serving such 
     community that would comply with the subsidy cap.
       ``(4) Subsidy cap defined.--In this subsection, the term 
     `subsidy cap' means the subsidy cap established by section 
     332 of Public Law 106-69, including any increase to that 
     subsidy cap established by the Secretary pursuant to the 
     Aviation Safety and Investment Act of 2010.''.

     SEC. 415. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED BY 
                   THE SECRETARY TO BE INELIGIBLE FOR SUBSIDIZED 
                   ESSENTIAL AIR SERVICE.

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

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

     SEC. 416. OFFICE OF RURAL AVIATION.

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

     ``Sec. 41749. Office of Rural Aviation

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

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

     SEC. 417. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY 
                   INCREASED COSTS.

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

     SEC. 418. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, 
                   AND ASSOCIATED CAUSES.

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

     SEC. 419. EUROPEAN UNION RULES FOR PASSENGER RIGHTS.

       (a) In General.--The Comptroller General shall conduct a 
     study to evaluate and compare the regulations of the European 
     Union and the

[[Page 5096]]

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

     SEC. 420. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION 
                   CONSUMER PROTECTION.

       (a) In General.--The Secretary of Transportation shall 
     establish an advisory committee for aviation consumer 
     protection (in this section referred to as the ``advisory 
     committee'') to advise the Secretary in carrying out air 
     passenger service improvements, including those required by 
     chapter 423 of title 49, United States Code.
       (b) Membership.--The Secretary shall appoint 8 members to 
     the advisory committee as follows:
       (1) Two representatives of air carriers required to submit 
     emergency contingency plans pursuant to section 42301 of 
     title 49, United States Code.
       (2) Two representatives of the airport operators required 
     to submit emergency contingency plans pursuant to section 
     42301 of such title.
       (3) Two representatives of State and local governments who 
     have expertise in aviation consumer protection matters.
       (4) Two representatives of nonprofit public interest groups 
     who have expertise in aviation consumer protection matters.
       (c) Vacancies.--A vacancy in the advisory committee shall 
     be filled in the manner in which the original appointment was 
     made.
       (d) Travel Expenses.--Members of the advisory committee 
     shall serve without pay but shall receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     subchapter I of chapter 57 of title 5, United States Code.
       (e) Chairperson.--The Secretary shall designate, from among 
     the individuals appointed under subsection (b), an individual 
     to serve as chairperson of the advisory committee.
       (f) Duties.--The duties of the advisory committee shall 
     include the following:
       (1) Evaluating existing aviation consumer protection 
     programs and providing recommendations for the improvement of 
     such programs, if needed.
       (2) Providing recommendations to establish additional 
     aviation consumer protection programs, if needed.
       (g) Report.--Not later than February 1 of each year 
     beginning after the date of enactment of this Act, the 
     Secretary shall transmit to Congress a report containing--
       (1) each recommendation made by the advisory committee 
     during the preceding calendar year; and
       (2) an explanation of how the Secretary has implemented 
     each recommendation and, for each recommendation not 
     implemented, the Secretary's reason for not implementing the 
     recommendation.

     SEC. 421. DENIED BOARDING COMPENSATION.

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

     SEC. 422. COMPENSATION FOR DELAYED BAGGAGE.

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

     SEC. 423. SCHEDULE REDUCTION.

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

     SEC. 424. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT 
                   INVESTIGATIONS.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary of Transportation shall 
     investigate consumer complaints regarding--
       (1) flight cancellations;
       (2) compliance with Federal regulations concerning 
     overbooking seats on flights;
       (3) lost, damaged, or delayed baggage, and difficulties 
     with related airline claims procedures;
       (4) problems in obtaining refunds for unused or lost 
     tickets or fare adjustments;
       (5) incorrect or incomplete information about fares, 
     discount fare conditions and availability, overcharges, and 
     fare increases;
       (6) the rights of passengers who hold frequent flier miles 
     or equivalent redeemable awards earned through customer-
     loyalty programs; and
       (7) deceptive or misleading advertising.
       (b) Budget Needs Report.--The Secretary shall provide, as 
     an annex to its annual budget request, an estimate of 
     resources which would have been sufficient to investigate all 
     such claims the Department of Transportation received in the 
     previous fiscal year. The annex shall be transmitted to 
     Congress when the President submits the budget of the United 
     States to the Congress under section 1105 of title 31, United 
     States Code.

     SEC. 425. PROHIBITIONS AGAINST VOICE COMMUNICATIONS USING 
                   MOBILE COMMUNICATIONS DEVICES ON SCHEDULED 
                   FLIGHTS.

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

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

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

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

     SEC. 426. ANTITRUST EXEMPTIONS.

       (a) Study.--The Comptroller General shall conduct a study 
     of the legal requirements and

[[Page 5097]]

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

     SEC. 427. MUSICAL INSTRUMENTS.

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

     ``Sec. 41725. Musical instruments

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

``41725. Musical instruments.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect 30 days after the date of enactment of this 
     Act.

          TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

     SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PROGRAM.

       Section 40128 is amended--
       (1) in subsection (a)(1)(C) by inserting ``or voluntary 
     agreement under subsection (b)(7)'' before ``for the park'';
       (2) in subsection (a) by adding at the end the following:
       ``(5) Exemption.--
       ``(A) In general.--Notwithstanding paragraph (1), a 
     national park that has 50 or fewer commercial air tour 
     flights a year shall be exempt from the requirements of this 
     section, except as provided in subparagraph (B).
       ``(B) Withdrawal of exemption.--If the Director determines 
     that an air tour management plan or voluntary agreement is 
     necessary to protect park resources and values or park 
     visitor use and enjoyment, the Director shall withdraw the 
     exemption of a park under subparagraph (A).
       ``(C) List of parks.--The Director shall inform the 
     Administrator, in writing, of each determination under 
     subparagraph (B). The Director and Administrator shall 
     publish an annual list of national parks that are covered by 
     the exemption provided by this paragraph.
       ``(D) Annual report.--A commercial air tour operator 
     conducting commercial air tours in a national park that is 
     exempt from the requirements of this section shall submit to 
     the Administrator and the Director an annual report regarding 
     the number of commercial air tour flights it conducts each 
     year in such park.'';
       (3) in subsection (b) by adding at the end the following:
       ``(7) Voluntary agreements.--
       ``(A) In general.--As an alternative to an air tour 
     management plan, the Director and the Administrator may enter 
     into a voluntary agreement with a commercial air tour 
     operator (including a new entrant applicant and an operator 
     that has interim operating authority) that

[[Page 5098]]

     has applied to conduct air tour operations over a national 
     park to manage commercial air tour operations over such 
     national park.
       ``(B) Park protection.--A voluntary agreement under this 
     paragraph with respect to commercial air tour operations over 
     a national park shall address the management issues necessary 
     to protect the resources of such park and visitor use of such 
     park without compromising aviation safety or the air traffic 
     control system and may--
       ``(i) include provisions such as those described in 
     subparagraphs (B) through (E) of paragraph (3);
       ``(ii) include provisions to ensure the stability of, and 
     compliance with, the voluntary agreement; and
       ``(iii) provide for fees for such operations.
       ``(C) Public.--The Director and the Administrator shall 
     provide an opportunity for public review of a proposed 
     voluntary agreement under this paragraph and shall consult 
     with any Indian tribe whose tribal lands are, or may be, 
     flown over by a commercial air tour operator under a 
     voluntary agreement under this paragraph. After such 
     opportunity for public review and consultation, the voluntary 
     agreement may be implemented without further administrative 
     or environmental process beyond that described in this 
     subsection.
       ``(D) Termination.--A voluntary agreement under this 
     paragraph may be terminated at any time at the discretion of 
     the Director or the Administrator if the Director determines 
     that the agreement is not adequately protecting park 
     resources or visitor experiences or the Administrator 
     determines that the agreement is adversely affecting aviation 
     safety or the national aviation system. If a voluntary 
     agreement for a national park is terminated, the operators 
     shall conform to the requirements for interim operating 
     authority under subsection (c) until an air tour management 
     plan for the park is in effect.'';
       (4) in subsection (c) by striking paragraph (2)(I) and 
     inserting the following:
       ``(I) may allow for modifications of the interim operating 
     authority without further environmental review beyond that 
     described in this section if--
       ``(i) adequate information regarding the operator's 
     existing and proposed operations under the interim operating 
     authority is provided to the Administrator and the Director;
       ``(ii) the Administrator determines that there would be no 
     adverse impact on aviation safety or the air traffic control 
     system; and
       ``(iii) the Director agrees with the modification, based on 
     the Director's professional expertise regarding the 
     protection of the park resources and values and visitor use 
     and enjoyment.'';
       (5) in subsection (c)(3)(A) by striking ``if the 
     Administrator determines'' and all that follows through the 
     period at the end and inserting ``without further 
     environmental process beyond that described in this paragraph 
     if--
       ``(i) adequate information on the operator's proposed 
     operations is provided to the Administrator and the Director 
     by the operator making the request;
       ``(ii) the Administrator agrees that there would be no 
     adverse impact on aviation safety or the air traffic control 
     system; and
       ``(iii) the Director agrees, based on the Director's 
     professional expertise regarding the protection of park 
     resources and values and visitor use and enjoyment.'';
       (6) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively; and
       (7) by inserting after subsection (c) the following:
       ``(d) Commercial Air Tour Operator Reports.--
       ``(1) Report.--Each commercial air tour operator providing 
     a commercial air tour over a national park under interim 
     operating authority granted under subsection (c) or in 
     accordance with an air tour management plan under subsection 
     (b) shall submit a report to the Administrator and Director 
     regarding the number of its commercial air tour operations 
     over each national park and such other information as the 
     Administrator and Director may request in order to facilitate 
     administering the provisions of this section.
       ``(2) Report submission.--Not later than 3 months after the 
     date of enactment of the Aviation Safety and Investment Act 
     of 2010, the Administrator and Director shall jointly issue 
     an initial request for reports under this subsection. The 
     reports shall be submitted to the Administrator and Director 
     on a frequency and in a format prescribed by the 
     Administrator and Director.''.

     SEC. 502. STATE BLOCK GRANT PROGRAM.

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

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

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

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

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

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

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

     SEC. 506. SOUNDPROOFING OF RESIDENCES.

       (a) Soundproofing and Acquisition of Certain Residential 
     Buildings and Properties.--Section 47504(c)(2)(D) is amended 
     to read as follows:
       ``(D) to an airport operator and unit of local government 
     referred to in paragraph (1)(A) or (1)(B) to soundproof--
       ``(i) a building in the noise impact area surrounding the 
     airport that is used primarily for educational or medical 
     purposes and that the Secretary decides is adversely affected 
     by airport noise; and
       ``(ii) residential buildings located on residential 
     properties in the noise impact area surrounding the airport 
     that the Secretary decides is adversely affected by airport 
     noise, if--
       ``(I) the residential properties are within airport noise 
     contours prepared by the airport owner or operator using the 
     Secretary's methodology and guidance, and the noise contours 
     have been found acceptable by the Secretary;
       ``(II) the residential properties cannot be removed from 
     airport noise contours for at least a 5-year period by 
     changes in airport configuration or flight procedures;
       ``(III) the land use jurisdiction has taken, or will take, 
     appropriate action, including the adoption of zoning laws, to 
     the extent reasonable to restrict the use of land to uses 
     that are compatible with normal airport operations; and
       ``(IV) the Secretary determines that the project is 
     compatible with the purposes of this chapter; and''
       (b) Requirements Applicable to Certain Grants.--Section 
     44705 (as amended by this Act) is further amended by adding 
     at the end the following:
       ``(f) Requirements Applicable to Certain Grants.--

[[Page 5099]]

       ``(1) Establishment of criteria.--Before awarding a grant 
     under subsection (c)(2)(D), the Secretary shall establish 
     criteria to determine which residences in the 65 DNL area 
     suffer the greatest noise impact.
       ``(2) Analysis from comptroller general.--Prior to making a 
     final decision on the criteria required by paragraph (1), the 
     Secretary shall develop proposed criteria and obtain an 
     analysis from the Comptroller General as to the 
     reasonableness and validity of the criteria.
       ``(3) Priority.--If the Secretary determines that the 
     grants likely to be awarded under subsection (c)(2)(D) in 
     fiscal years 2010 though 2012 will not be sufficient to 
     soundproof all residences in the 65 DNL area, the Secretary 
     shall first award grants to soundproof those residences 
     suffering the greatest noise impact under the criteria 
     established under paragraph (1).''.

     SEC. 507. CLEEN RESEARCH, DEVELOPMENT, AND IMPLEMENTATION 
                   PARTNERSHIP.

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

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

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

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

     SEC. 508. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 
                   75,000 POUNDS OR LESS NOT COMPLYING WITH STAGE 
                   3 NOISE LEVELS.

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

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

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

       ``47531. Penalties.'';

     and
       (B) by inserting after the item relating to section 47533 
     the following:

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

     SEC. 509. ENVIRONMENTAL MITIGATION PILOT PROGRAM.

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

[[Page 5100]]



     SEC. 510. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM.

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

     SEC. 511. HIGH PERFORMANCE AND SUSTAINABLE AIR TRAFFIC 
                   CONTROL FACILITIES.

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

     SEC. 512. REGULATORY RESPONSIBILITY FOR AIRCRAFT ENGINE NOISE 
                   AND EMISSIONS STANDARDS.

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

     SEC. 513. CABIN AIR QUALITY TECHNOLOGY.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall initiate research and 
     development work on effective air cleaning and sensor 
     technology for the engine and auxiliary power unit for bleed 
     air supplied to the passenger cabin and flight deck of a 
     pressurized aircraft.
       (b) Technology Requirements.--The technology should, at a 
     minimum, be capable of--
       (1) removing oil-based contaminants from the bleed air 
     supplied to the passenger cabin and flight deck; and
       (2) detecting and recording oil-based contaminants in the 
     bleed air fraction of the total air supplied to the passenger 
     cabin and flight deck.
       (c) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the research and 
     development work carried out under this section.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 514. SENSE OF CONGRESS.

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

     SEC. 515. AIRPORT NOISE COMPATIBILITY PLANNING STUDY, PORT 
                   AUTHORITY OF NEW YORK AND NEW JERSEY.

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

     SEC. 516. GAO STUDY ON COMPLIANCE WITH FAA RECORD OF 
                   DECISION.

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

     SEC. 517. WESTCHESTER COUNTY AIRPORT, NEW YORK.

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

     SEC. 518. AVIATION NOISE COMPLAINTS.

       (a) Telephone Number Posting.--Not later than 3 months 
     after the date of enactment of this Act, each owner or 
     operator of a large hub airport (as defined in section 
     40102(a) of title 49, United States Code) shall publish on an 
     Internet Web site of the airport a telephone number to 
     receive aviation noise complaints related to the airport.
       (b) Summaries and Reports.--Not later than one year after 
     the last day of the 3-month period referred to in subsection 
     (a), and annually thereafter, an owner or operator that 
     receives one or more noise complaints under subsection (a) 
     shall submit to the Administrator of the Federal Aviation 
     Administration a report regarding the number of complaints 
     received and a summary regarding the nature of such 
     complaints. The Administrator shall make such information 
     available to the public by print and electronic means.

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

     SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL 
                   MANAGEMENT SYSTEM.

       (a) Dispute Resolution.--Section 40122(a) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (5) and (6), respectively; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) Dispute resolution.--
       ``(A) Mediation.--If the Administrator does not reach an 
     agreement under paragraph (1) or the provisions referred to 
     in subsection (g)(2)(C) with the exclusive bargaining 
     representative of the employees, the Administrator and the 
     bargaining representative--
       ``(i) shall use the services of the Federal Mediation and 
     Conciliation Service to attempt to reach such agreement in 
     accordance with part 1425 of title 29, Code of Federal 
     Regulations (as in effect on the date of enactment of the 
     Aviation Safety and Investment Act of 2010); or
       ``(ii) may by mutual agreement adopt alternative procedures 
     for the resolution of disputes

[[Page 5101]]

     or impasses arising in the negotiation of the collective-
     bargaining agreement.
       ``(B) Binding arbitration.--
       ``(i) Assistance from federal service impasses panel.--If 
     the services of the Federal Mediation and Conciliation 
     Service under subparagraph (A)(i) do not lead to an 
     agreement, the Administrator and the exclusive bargaining 
     representative of the employees (in this subparagraph 
     referred to as the `parties') shall submit their issues in 
     controversy to the Federal Service Impasses Panel. The Panel 
     shall assist the parties in resolving the impasse by 
     asserting jurisdiction and ordering binding arbitration by a 
     private arbitration board consisting of 3 members.
       ``(ii) Appointment of arbitration board.--The Executive 
     Director of the Panel shall provide for the appointment of 
     the 3 members of a private arbitration board under clause (i) 
     by requesting the Director of the Federal Mediation and 
     Conciliation Service to prepare a list of not less than 15 
     names of arbitrators with Federal sector experience and by 
     providing the list to the parties. Within 10 days of 
     receiving the list, the parties shall each select one person 
     from the list. The 2 arbitrators selected by the parties 
     shall then select a third person from the list within 7 days. 
     If either of the parties fails to select a person or if the 2 
     arbitrators are unable to agree on the third person within 7 
     days, the parties shall make the selection by alternately 
     striking names on the list until one arbitrator remains.
       ``(iii) Framing issues in controversy.--If the parties do 
     not agree on the framing of the issues to be submitted for 
     arbitration, the arbitration board shall frame the issues.
       ``(iv) Hearings.--The arbitration board shall give the 
     parties a full and fair hearing, including an opportunity to 
     present evidence in support of their claims and an 
     opportunity to present their case in person, by counsel, or 
     by other representative as they may elect.
       ``(v) Decisions.--The arbitration board shall render its 
     decision within 90 days after the date of its appointment. 
     Decisions of the arbitration board shall be conclusive and 
     binding upon the parties.
       ``(vi) Costs.--The parties shall share costs of the 
     arbitration equally.
       ``(3) Ratification of agreements.--Upon reaching a 
     voluntary agreement or at the conclusion of the binding 
     arbitration under paragraph (2)(B), the final agreement, 
     except for those matters decided by an arbitration board, 
     shall be subject to ratification by the exclusive bargaining 
     representative of the employees, if so requested by the 
     bargaining representative, and approval by the head of the 
     agency in accordance with the provisions referred to in 
     subsection (g)(2)(C).
       ``(4) Enforcement.--
       ``(A) Enforcement actions in united states courts.--Each 
     United States district court and each United States court of 
     a place subject to the jurisdiction of the United States 
     shall have jurisdiction of enforcement actions brought under 
     this section. Such an action may be brought in any judicial 
     district in the State in which the violation of this section 
     is alleged to have been committed, the judicial district in 
     which the Federal Aviation Administration has its principal 
     office, or the District of Columbia.
       ``(B) Attorney fees.--The court may assess against the 
     Federal Aviation Administration reasonable attorney fees and 
     other litigation costs reasonably incurred in any case under 
     this section in which the complainant has substantially 
     prevailed.''.
       (b) Application.--On and after the date of enactment of 
     this Act, any changes implemented by the Administrator of the 
     Federal Aviation Administration on and after July 10, 2005, 
     under section 40122(a) of title 49, United States Code (as in 
     effect on the day before such date of enactment), without the 
     agreement of the exclusive bargaining representative of the 
     employees of the Administration certified under section 7111 
     of title 5, United States Code, shall be null and void and 
     the parties shall be governed by their last mutual agreement 
     before the implementation of such changes. The Administrator 
     and the bargaining representative shall resume negotiations 
     promptly, and, subject to subsection (c), their last mutual 
     agreement shall be in effect until a new contract is adopted 
     by the Administrator and the bargaining representative. If an 
     agreement is not reached within 45 days after the date on 
     which negotiations resume, the Administrator and the 
     bargaining representative shall submit their issues in 
     controversy to the Federal Service Impasses Panel in 
     accordance with section 7119 of title 5, United States Code, 
     for binding arbitration in accordance with paragraphs (2)(B), 
     (3), and (4) of section 40122(a) of title 49, United States 
     Code (as amended by subsection (a) of this section).
       (c) Savings Clause.--All cost of living adjustments and 
     other pay increases, lump sum payments to employees, and 
     leave and other benefit accruals implemented as part of the 
     changes referred to in subsection (b) may not be reversed 
     unless such reversal is part of the calculation of back pay 
     under subsection (d). The Administrator shall waive any 
     overpayment paid to, and not collect any funds for such 
     overpayment, from former employees of the Administration who 
     received lump sum payments prior to their separation from the 
     Administration.
       (d) Back Pay.--
       (1) In general.--Employees subject to changes referred to 
     in subsection (b) that are determined to be null and void 
     under subsection (b) shall be eligible for pay that the 
     employees would have received under the last mutual agreement 
     between the Administrator and the exclusive bargaining 
     representative of such employees before the date of enactment 
     of this Act and any changes were implemented without 
     agreement of the bargaining representative. The Administrator 
     shall pay the employees such pay subject to the availability 
     of amounts appropriated to carry out this subsection. If the 
     appropriated funds do not cover all claims of the employees 
     for such pay, the Administrator and the bargaining 
     representative, pursuant to negotiations conducted in 
     accordance with section 40122(a) of title 49, United States 
     Code (as amended by subsection (a) of this section), shall 
     determine the allocation of the appropriated funds among the 
     employees on a pro rata basis.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated $20,000,000 to carry out this subsection.
       (e) Interim Agreement.--If the Administrator and the 
     exclusive bargaining representative of the employees subject 
     to the changes referred to in subsection (b) reach a final 
     and binding agreement with respect to such changes before the 
     date of enactment of this Act, such agreement shall supersede 
     any changes implemented by the Administrator under section 
     40122(a) of title 49, United States Code (as in effect on the 
     day before such date of enactment), without the agreement of 
     the bargaining representative, and subsections (b) and (c) 
     shall not take effect.

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

       Section 40122(g)(2)(A) is amended to read as follows:
       ``(A) sections 2301 and 2302, relating to merit system 
     principles and prohibited personnel practices, including the 
     provisions for investigation and enforcement as provided in 
     chapter 12 of title 5;''.

     SEC. 603. APPLICABILITY OF BACK PAY REQUIREMENTS.

       (a) Applicability of Back Pay Requirements.--Section 
     40122(g)(2) is amended--
       (1) by striking ``and'' at the end of subparagraph (G);
       (2) by striking the period at the end of subparagraph (H) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(I) section 5596, relating to back pay.''.
       (b) Applicability.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply to--
       (A) all proceedings pending on, or commenced after, the 
     date of enactment of this Act in which an employee of the 
     Federal Aviation Administration is seeking relief under 
     section 5596 of title 5, United States Code, that was 
     available as of March 31, 1996; and
       (B) subject to paragraph (2), personnel actions of the 
     Federal Aviation Administration under section 5596 of such 
     title occurring before the date of enactment of this Act.
       (2) Special rule.--The authority of the Merit Systems 
     Protection Board to provide a remedy under section 5596 of 
     such title, with respect to a personnel action of the Federal 
     Aviation Administration occurring before the date of 
     enactment of this Act, shall be limited to cases in which--
       (A) the Board, before such date of enactment, found that 
     the Federal Aviation Administration committed an unjustified 
     or unwarranted personnel action but ruled that the Board did 
     not have the authority to provide a remedy for the personnel 
     action under section 5596 of such title; and
       (B) a petition for review is filed with the clerk of the 
     Board not later than 6 months after such date of enactment.

     SEC. 604. FAA TECHNICAL TRAINING AND STAFFING.

       (a) Study.--
       (1) In general.--The Comptroller General shall conduct a 
     study on the training of the airway transportation systems 
     specialists of the Federal Aviation Administration (in this 
     section referred to as ``FAA systems specialists'').
       (2) Contents.--The study shall--
       (A) include an analysis of the type of training provided to 
     FAA systems specialists;
       (B) include an analysis of the type of training that FAA 
     systems specialists need to be proficient on the maintenance 
     of latest technologies;
       (C) include a description of actions that the 
     Administration has undertaken to ensure that FAA systems 
     specialists receive up-to-date training on the latest 
     technologies;
       (D) identify the amount and cost of FAA systems specialists 
     training provided by vendors;
       (E) identify the amount and cost of FAA systems specialists 
     training provided by the Administration after developing 
     courses for the training of such specialists;
       (F) identify the amount and cost of travel that is required 
     of FAA systems specialists in receiving training; and
       (G) include a recommendation regarding the most cost-
     effective approach to providing FAA systems specialists 
     training.
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the study.
       (b) Workload of Systems Specialists.--
       (1) Study by national academy of sciences.--Not later than 
     90 days after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     make appropriate arrangements for the National

[[Page 5102]]

     Academy of Sciences to conduct a study of the assumptions and 
     methods used by the Federal Aviation Administration to 
     estimate staffing needs for FAA systems specialists to ensure 
     proper maintenance and certification of the national airspace 
     system.
       (2) Contents.--The study shall be conducted so as to 
     provide the following:
       (A) A suggested method of modifying FAA systems specialists 
     staffing models for application to current local conditions 
     or applying some other approach to developing an objective 
     staffing standard.
       (B) The approximate cost and length of time for developing 
     such models.
       (3) Consultation.--In conducting the study, the National 
     Academy of Sciences shall consult with the exclusive 
     bargaining representative of employees of the Federal 
     Aviation Administration certified under section 7111 of title 
     5, United States Code, and the Administrator of the Federal 
     Aviation Administration.
       (4) Report.--Not later than one year after the initiation 
     of the arrangements under subsection (a), the National 
     Academy of Sciences shall submit to Congress a report on the 
     results of the study.

     SEC. 605. DESIGNEE PROGRAM.

       (a) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     status of recommendations made by the Government 
     Accountability Office in its October 2004 report, ``Aviation 
     Safety: FAA Needs to Strengthen Management of Its Designee 
     Programs'' (GAO-05-40).
       (b) Contents.--The report shall include--
       (1) an assessment of the extent to which the Federal 
     Aviation Administration has responded to recommendations of 
     the Government Accountability Office referred to in 
     subsection (a);
       (2) an identification of improvements, if any, that have 
     been made to the designee programs referred to in the report 
     of the Office as a result of such recommendations;
       (3) an identification of further action that is needed to 
     implement such recommendations, improve the Administration's 
     management control of the designee programs, and increase 
     assurance that designees meet the Administration's 
     performance standards; and
       (4) an assessment of the Administration's organizational 
     delegation and designee programs and a determination as to 
     whether the Administration has sufficient monitoring and 
     surveillance programs in place to properly oversee these 
     programs.

     SEC. 606. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.

       (a) In General.--Not later than October 31, 2009, the 
     Administrator of the Federal Aviation Administration shall 
     develop a staffing model for aviation safety inspectors. In 
     developing the model, the Administrator shall follow the 
     recommendations outlined in the 2007 study released by the 
     National Academy of Sciences entitled ``Staffing Standards 
     for Aviation Safety Inspectors'' and consult with interested 
     persons, including the exclusive collective bargaining 
     representative of the aviation safety inspectors.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 607. SAFETY CRITICAL STAFFING.

       (a) Safety Inspectors.--The Administrator of the Federal 
     Aviation Administration shall increase the number of safety 
     critical positions in the Flight Standards Service and 
     Aircraft Certification Service for a fiscal year commensurate 
     with the funding levels provided in subsection (b) for the 
     fiscal year. Such increases shall be measured relative to the 
     number of persons serving in safety critical positions as of 
     September 30, 2008.
       (b) Authorization of Appropriations.--In addition to 
     amounts authorized by section 106(k) of title 49, United 
     States Code, there is authorized to be appropriated to carry 
     out subsection (a)--
       (1) $45,000,000 for fiscal year 2010;
       (2) $138,000,000 for fiscal year 2011; and
       (3) $235,000,000 for fiscal year 2012.
     Such sums shall remain available until expended.
       (c) Implementation of Staffing Standards.--Notwithstanding 
     any other provision of this section, upon completion of the 
     flight standards service staffing model under section 605 of 
     this Act, and validation of the model by the Administrator, 
     there are authorized to be appropriated such sums as may be 
     necessary to support the number of aviation safety 
     inspectors, safety technical specialists, and operation 
     support positions that such model determines are required to 
     meet the responsibilities of the Flight Standards Service.
       (d) Safety Critical Positions Defined.--In this section, 
     the term ``safety critical positions'' means--
       (1) aviation safety inspectors, safety technical 
     specialists, and operations support positions in the Flight 
     Standards Service (as such terms are used in the 
     Administration's fiscal year 2009 congressional budget 
     justification); and
       (2) manufacturing safety inspectors, pilots, engineers, 
     Chief Scientist Technical Advisors, safety technical 
     specialists, and operational support positions in the 
     Aircraft Certification Service (as such terms are used in the 
     Administration's fiscal year 2009 congressional budget 
     justification).

     SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFFING.

       (a) Study by National Academy of Sciences.--Not later than 
     90 days after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     enter into appropriate arrangements with the National Academy 
     of Sciences to conduct a study of the assumptions and methods 
     used by the Federal Aviation Administration (in this section 
     referred to as the ``FAA'') to estimate staffing needs for 
     FAA air traffic controllers to ensure the safe operation of 
     the national airspace system.
       (b) Consultation.--In conducting the study, the National 
     Academy of Sciences shall consult with the exclusive 
     bargaining representative of employees of the FAA certified 
     under section 7111 of title 5, United States Code, the 
     Administrator of the Federal Aviation Administration, and 
     representatives of the Civil Aeronautical Medical Institute.
       (c) Contents.--The study shall include an examination of 
     representative information on human factors, traffic 
     activity, and the technology and equipment used in air 
     traffic control.
       (d) Recommendations and Estimates.--In conducting the 
     study, the National Academy of Sciences shall develop--
       (1) recommendations for the development by the FAA of 
     objective staffing standards to maintain the safety and 
     efficiency of the national airspace system with current and 
     future projected air traffic levels; and
       (2) estimates of cost and schedule for the development of 
     such standards by the FAA or its contractors.
       (e) Report.--Not later than 18 months after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate a report 
     on the results of the study.

     SEC. 609. ASSESSMENT OF TRAINING PROGRAMS FOR AIR TRAFFIC 
                   CONTROLLERS.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study to assess the adequacy 
     of training programs for air traffic controllers.
       (b) Contents.--The study shall include--
       (1) a review of the current training system for air traffic 
     controllers;
       (2) an analysis of the competencies required of air traffic 
     controllers for successful performance in the current air 
     traffic control environment;
       (3) an analysis of competencies required of air traffic 
     controllers as the Federal Aviation Administration 
     transitions to the Next Generation Air Transportation System; 
     and
       (4) an analysis of various training approaches available to 
     satisfy the controller competencies identified under 
     paragraphs (2) and (3).
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study.

     SEC. 610. COLLEGIATE TRAINING INITIATIVE STUDY.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on training options for 
     graduates of the Collegiate Training Initiative program 
     conducted under section 44506(c) of title 49 United States 
     Code. The study shall analyze the impact of providing as an 
     alternative to the current training provided at the Mike 
     Monroney Aeronautical Center of the Administration a new 
     controller orientation session for graduates of such programs 
     at the Mike Monroney Aeronautical Center followed by on-the-
     job training for newly hired air traffic controllers who are 
     graduates of such program and shall include--
       (1) the cost effectiveness of such an alternative training 
     approach; and
       (2) the effect that such an alternative training approach 
     would have on the overall quality of training received by 
     graduates of such programs.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and to the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study.

     SEC. 611. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY 
                   CONDITIONS.

       (a) Establishment.--The Administrator of the Federal 
     Aviation Administration shall establish a special task force 
     to be known as the ``FAA Task Force on Air Traffic Control 
     Facility Conditions'' (in this section referred to as the 
     ``Task Force'').
       (b) Membership.--
       (1) Composition.--The Task Force shall be composed of 12 
     members of whom--
       (A) 8 members shall be appointed by the Administrator; and
       (B) 4 members shall be appointed by labor unions 
     representing employees who work at field facilities of the 
     Administration.
       (2) Qualifications.--Of the members appointed by the 
     Administrator under paragraph (1)(A)--
       (A) 4 members shall be specialists on toxic mold abatement, 
     ``sick building syndrome,'' and other hazardous building 
     conditions that can lead to employee health concerns and 
     shall be appointed by the Administrator in consultation with 
     the Director of the National Institute for Occupational 
     Safety and Health; and
       (B) 2 members shall be specialists on the rehabilitation of 
     aging buildings.

[[Page 5103]]

       (3) Terms.--Members shall be appointed for the life of the 
     Task Force.
       (4) Vacancies.--A vacancy in the Task Force shall be filled 
     in the manner in which the original appointment was made.
       (5) Travel expenses.--Members shall serve without pay but 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with subchapter I of chapter 57 of 
     title 5, United States Code.
       (c) Chairperson.--The Administrator shall designate, from 
     among the individuals appointed under subsection (b)(1), an 
     individual to serve as chairperson of the Task Force.
       (d) Task Force Personnel Matters.--
       (1) Staff.--The Task Force may appoint and fix the pay of 
     such personnel as it considers appropriate.
       (2) Staff of federal agencies.--Upon request of the 
     Chairperson of the Task Force, the head of any department or 
     agency of the United States may detail, on a reimbursable 
     basis, any of the personnel of that department or agency to 
     the Task Force to assist it in carrying out its duties under 
     this section.
       (3) Other staff and support.--Upon request of the Task 
     Force or a panel of the Task Force, the Administrator shall 
     provide the Task Force or panel with professional and 
     administrative staff and other support, on a reimbursable 
     basis, to the Task Force to assist it in carrying out its 
     duties under this section.
       (e) Obtaining Official Data.--The Task Force may secure 
     directly from any department or agency of the United States 
     information (other than information required by any statute 
     of the United States to be kept confidential by such 
     department or agency) necessary for the Task Force to carry 
     out its duties under this section. Upon request of the 
     chairperson of the Task Force, the head of that department or 
     agency shall furnish such information to the Task Force.
       (f) Duties.--
       (1) Study.--The Task Force shall undertake a study of--
       (A) the conditions of all air traffic control facilities 
     across the Nation, including towers, centers, and terminal 
     radar air control;
       (B) reports from employees of the Administration relating 
     to respiratory ailments and other health conditions resulting 
     from exposure to mold, asbestos, poor air quality, radiation 
     and facility-related hazards in facilities of the 
     Administration;
       (C) conditions of such facilities that could interfere with 
     such employees' ability to effectively and safely perform 
     their duties;
       (D) the ability of managers and supervisors of such 
     employees to promptly document and seek remediation for 
     unsafe facility conditions;
       (E) whether employees of the Administration who report 
     facility-related illnesses are treated fairly;
       (F) utilization of scientifically approved remediation 
     techniques in a timely fashion once hazardous conditions are 
     identified in a facility of the Administration; and
       (G) resources allocated to facility maintenance and 
     renovation by the Administration.
       (2) Facility condition indicies (fci).--The Task Force 
     shall review the facility condition indicies of the 
     Administration (in this section referred to as the ``FCI'') 
     for inclusion in the recommendations under subsection (g).
       (g) Recommendations.--Based on the results of the study and 
     review of the FCI under subsection (f), the Task Force shall 
     make recommendations as it considers necessary to--
       (1) prioritize those facilities needing the most immediate 
     attention in order of the greatest risk to employee health 
     and safety;
       (2) ensure that the Administration is using scientifically 
     approved remediation techniques in all facilities; and
       (3) assist the Administration in making programmatic 
     changes so that aging air traffic control facilities do not 
     deteriorate to unsafe levels.
       (h) Report.--Not later than 6 months after the date on 
     which initial appointments of members to the Task Force are 
     completed, the Task Force shall submit to the Administrator, 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives, and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     activities of the Task Force, including the recommendations 
     of the Task Force under subsection (g).
       (i) Implementation.--Within 30 days of the receipt of the 
     Task Force report under subsection (h), the Administrator 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report that includes a plan and timeline to 
     implement the recommendations of the Task Force and to align 
     future budgets and priorities of the Administration 
     accordingly.
       (j) Termination.--The Task Force shall terminate on the 
     last day of the 30-day period beginning on the date on which 
     the report under subsection (h) was submitted.
       (k) Applicability of the Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Task Force.
       (l) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation 
     $250,000 to carry out this section.

                     TITLE VII--AVIATION INSURANCE

     SEC. 701. GENERAL AUTHORITY.

       (a) Extension of Policies.--Section 44302(f)(1) is 
     amended--
       (1) by striking ``September 30, 2009'' and inserting 
     ``September 30, 2012''; and
       (2) by striking ``December 31, 2009'' and inserting 
     ``December 31, 2019''.
       (b) Successor Program.--Section 44302(f) is amended by 
     adding at the end the following:
       ``(3) Successor program.--
       ``(A) In general.--After December 31, 2019, coverage for 
     the risks specified in a policy that has been extended under 
     paragraph (1) shall be provided in an airline industry 
     sponsored risk retention or other risk-sharing arrangement 
     approved by the Secretary.
       ``(B) Transfer of premiums.--
       ``(i) In general.--On December 31, 2019, and except as 
     provided in clause (ii), premiums that are collected by the 
     Secretary from the airline industry after September 22, 2001, 
     for any policy under this subsection, and interest earned 
     thereon, as determined by the Secretary, shall be transferred 
     to an airline industry sponsored risk retention or other 
     risk-sharing arrangement approved by the Secretary.
       ``(ii) Determination of amount transferred.--The amount 
     transferred pursuant to clause (i) shall be less--

       ``(I) the amount of any claims paid out on such policies 
     from September 22, 2001, through December 31, 2019;
       ``(II) the amount of any claims pending under such policies 
     as of December 31, 2019; and
       ``(III) the cost, as determined by the Secretary, of 
     administering the provision of insurance policies under this 
     chapter from September 22, 2001, through December 31, 
     2019.''.

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

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

     SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.

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

     SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.

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

     SEC. 705. EXTENSION OF PROGRAM AUTHORITY.

       Section 44310 is amended by striking ``December 31, 2013'' 
     and inserting ``December 31, 2019''.

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. AIR CARRIER CITIZENSHIP.

       Section 40102(a)(15) is amended by adding at the end the 
     following:
     ``For purposes of subparagraph (C), an air carrier shall not 
     be deemed to be under the actual control of citizens of the 
     United States unless citizens of the United States control 
     all matters pertaining to the business and structure of the 
     air carrier, including operational matters such as marketing, 
     branding, fleet composition, route selection, pricing, and 
     labor relations.''.

     SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST 
                   OF NATIONAL SECURITY.

       Section 40119(b) is amended by adding at the end the 
     following:
       ``(3) Limitation on applicability of freedom of information 
     act.--Section 552a of title 5, United States Code, shall not 
     apply to disclosures that the Administrator of the Federal 
     Aviation Administration may make from the systems of records 
     of the Administration to any Federal law enforcement, 
     intelligence, protective service, immigration, or national 
     security official in order to assist the official receiving 
     the information in the performance of official duties.''.

     SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS AND DATABASE 
                   SYSTEMS.

       (a) In General.--Chapter 401 is amended by adding at the 
     end the following:

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

       ``(a) Access to Records or Databases Systems.--
       ``(1) Access to information.--Notwithstanding section 534 
     of title 28, and regulations issued to implement such 
     section, the Administrator of the Federal Aviation 
     Administration may access a system of documented criminal 
     justice information maintained by the Department of Justice 
     or by a State but may do so only for the purpose of carrying 
     out civil and administrative responsibilities of the 
     Administration to protect the safety and security of the 
     national airspace system or to support the missions of the 
     Department of Justice, the Department of Homeland Security, 
     and other law enforcement agencies.
       ``(2) Release of information.--In accessing a system 
     referred to in paragraph (1), the Administrator shall be 
     subject to the same conditions and procedures established by 
     the Department of Justice or the State for other governmental 
     agencies with access to the system.
       ``(3) Limitation.--The Administrator may not use the access 
     authorized under paragraph (1) to conduct criminal 
     investigations.
       ``(b) Designated Employees.--The Administrator shall 
     designate, by order, employees of the Administration who 
     shall carry out the authority described in subsection (a). 
     The designated employees may--
       ``(1) have access to and receive criminal history, driver, 
     vehicle, and other law enforcement information contained in 
     the law enforcement databases of the Department of Justice, 
     or any jurisdiction of a State, in the same manner as a

[[Page 5104]]

     police officer employed by a State or local authority of that 
     State who is certified or commissioned under the laws of that 
     State;
       ``(2) use any radio, data link, or warning system of the 
     Federal Government, and of any jurisdiction in a State, that 
     provides information about wanted persons, be-on-the-lookout 
     notices, warrant status, or other officer safety information 
     to which a police officer employed by a State or local 
     authority in that State who is certified or commission under 
     the laws of that State has access and in the same manner as 
     such police officer; or
       ``(3) receive Federal, State, or local government 
     communications with a police officer employed by a State or 
     local authority in that State in the same manner as a police 
     officer employed by a State or local authority in that State 
     who is commissioned under the laws of that State.
       ``(c) System of Documented Criminal Justice Information 
     Defined.--In this section, the term `system of documented 
     criminal justice information' means any law enforcement 
     database, system, or communication containing information 
     concerning identification, criminal history, arrests, 
     convictions, arrest warrants, wanted or missing persons, 
     including the National Crime Information Center and its 
     incorporated criminal history databases and the National Law 
     Enforcement Telecommunications System.''.
       (b) Clerical Amendment.--The analysis for chapter 401 is 
     amended by adding at the end the following:

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

     SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

       (a) In General.--Section 47129 is amended--
       (1) in the section heading by striking ``air carrier'' and 
     inserting ``carrier'';
       (2) in subsection (a) by striking ``(as defined in section 
     40102 of this title)'' and inserting ``(as such terms are 
     defined in section 40102)'';
       (3) in the heading for subsection (d) by striking ``Air 
     Carrier'' and inserting ``Air Carrier and Foreign Air 
     Carrier'';
       (4) in the heading for paragraph (2) of subsection (d) by 
     striking ``air carrier'' and inserting ``air carrier and 
     foreign air carrier'';
       (5) by striking ``air carriers'' each place it appears and 
     inserting ``air carriers or foreign air carriers'';
       (6) by striking ``air carrier'' each place it appears and 
     inserting ``air carrier or foreign air carrier''; and
       (7) by striking ``air carrier's'' each place it appears and 
     inserting ``air carrier's or foreign air carrier's''.
       (b) Clerical Amendment.--The analysis for chapter 471 is 
     amended by striking the item relating to section 47129 and 
     inserting the following:

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

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

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     initiate a study to evaluate the formulation of the National 
     Plan of Integrated Airport Systems (in this section referred 
     to as the ``plan'') under section 47103 of title 49, United 
     States Code.
       (b) Contents of Study.--The study shall include a review of 
     the following:
       (1) The criteria used for including airports in the plan 
     and the application of such criteria in the most recently 
     published version of the plan.
       (2) The changes in airport capital needs between fiscal 
     years 2003 and 2008, as reported in the plan, as compared 
     with the amounts apportioned or otherwise made available to 
     individual airports over the same period of time.
       (3) A comparison of the amounts received by airports under 
     the airport improvement program in airport apportionments, 
     State apportionments, and discretionary grants during such 
     fiscal years with capital needs as reported in the plan.
       (4) The effect of transfers of airport apportionments under 
     title 49, United States Code.
       (5) Any other matters pertaining to the plan that the 
     Secretary determines appropriate.
       (c) Report to Congress.--
       (1) Submission.--Not later than 36 months after the date of 
     initiation of the study, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the study.
       (2) Contents.--The report shall include--
       (A) the findings of the Secretary on each of the subjects 
     listed in subsection (b);
       (B) recommendations for any changes to policies and 
     procedures for formulating the plan; and
       (C) recommendations for any changes to the methods of 
     determining the amounts to be apportioned or otherwise made 
     available to individual airports.

     SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION.

       (a) In General.--Section 201 of the Railway Labor Act (45 
     U.S.C. 181) is amended--
       (1) by striking ``All'' and inserting ``(a) In General.--
     All'';
       (2) by inserting ``and every express carrier'' after 
     ``common carrier by air''; and
       (3) by adding at the end the following:
       ``(b) Special Rules for Express Carriers.--
       ``(1) In general.--An employee of an express carrier shall 
     be covered by this Act only if that employee is in a position 
     that is eligible for certification under part 61, 63, or 65 
     of title 14, Code of Federal Regulations, and only if that 
     employee performs duties for the express carrier that are 
     eligible for such certification. All other employees of an 
     express carrier shall be covered by the provisions of the 
     National Labor Relations Act (29 U.S.C. 151 et seq.).
       ``(2) Air carrier status.--Any person that is an express 
     carrier shall be governed by paragraph (1) notwithstanding 
     any finding that the person is also a common carrier by air.
       ``(3) Express carrier defined.--In this section, the term 
     `express carrier' means any person (or persons affiliated 
     through common control or ownership) whose primary business 
     is the express shipment of freight or packages through an 
     integrated network of air and surface transportation.''.
       (b) Conforming Amendment.--Section 1 of such Act (45 U.S.C. 
     151) is amended in the first paragraph by striking ``, any 
     express company that would have been subject to subtitle IV 
     of title 49, United States Code, as of December 31, 1995,''.

     SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FACILITIES.

       (a) Establishment of Working Group.--Not later than 9 
     months after the date of enactment of this Act, the Secretary 
     of Transportation shall establish within the Federal Aviation 
     Administration (in this section referred to as the ``FAA'') a 
     working group to develop criteria and make recommendations 
     for the realignment of services and facilities (including 
     regional offices) of the FAA to assist in the transition to 
     next generation facilities and to help reduce capital, 
     operating, maintenance, and administrative costs in instances 
     in which cost reductions can be implemented without adversely 
     affecting safety.
       (b) Membership.--The working group shall be composed of--
       (1) the Administrator of the FAA;
       (2) 2 representatives of air carriers;
       (3) 2 representatives of the general aviation community;
       (4) 2 representatives of labor unions representing 
     employees who work at regional or field facilities of the 
     FAA; and
       (5) 2 representatives of the airport community.
       (c) Report to Congress Containing Recommendations of the 
     Working Group.--
       (1) Submission.--Not later than 6 months after convening 
     the working group, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report containing the 
     criteria and recommendations developed by the working group 
     under this section.
       (2) Contents.--The report shall include a justification for 
     each recommendation to consolidate or realign a service or 
     facility (including a regional office) and a description of 
     the costs and savings associated with the consolidation or 
     realignment.
       (d) Public Notice and Comment.--The Administrator shall 
     publish the report submitted under subsection (c) in the 
     Federal Register and allow 45 days for the submission of 
     public comments. In addition, the Administrator upon request 
     shall hold a public hearing in a community that would be 
     affected by a recommendation in the report.
       (e) Objections.--Any interested person may file with the 
     Administrator a written objection to a recommendation of the 
     working group.
       (f) Report to Congress Containing Recommendations of the 
     Administrator.--Not later than 60 days after the last day of 
     the period for public comment under subsection (d), the 
     Administrator shall submit to the committees referred to in 
     subsection (c)(1) a report containing the recommendations of 
     the Administrator on realignment of services and facilities 
     (including regional offices) of the FAA and copies of any 
     public comments and objections received by the Administrator 
     under this section.
       (g) Limitation on Implementation of Realignments and 
     Consolidations.--The Administrator may not realign or 
     consolidate any services or facilities (including regional 
     offices) of the FAA before the Administrator has submitted 
     the report under subsection (f).
       (h) Definitions.--In this section, the following 
     definitions apply:
       (1) FAA.--The term ``FAA'' means the Federal Aviation 
     Administration.
       (2) Realignment; consolidation.--
       (A) In general.--The terms ``realignment'' and 
     ``consolidation'' include any action that--
       (i) relocates functions, services, or personnel positions;
       (ii) severs existing facility functions or services; or
       (iii) any combination thereof.
       (B) Exclusion.--The term does not include a reduction in 
     personnel resulting from workload adjustments.

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

       Section 1113 is amended by adding at the end the following:
       ``(i) Accidental Death and Dismemberment Insurance.--
       ``(1) Authority to provide insurance.--The Board may 
     procure accidental death and dismemberment insurance for an 
     employee of the Board who travels for an accident 
     investigation or other activity of the Board outside the 
     United States or inside the United States under hazardous 
     circumstances, as defined by the Board.
       ``(2) Crediting of insurance benefits to offset united 
     states tort liability.--Any

[[Page 5105]]

     amounts paid to a person under insurance coverage procured 
     under this subsection shall be credited as offsetting any 
     liability of the United States to pay damages to that person 
     under section 1346(b) of title 28, chapter 171 of title 28, 
     chapter 163 of title 10, or any other provision of law 
     authorizing recovery based upon tort liability of the United 
     States in connection with the injury or death resulting in 
     the insurance payment.
       ``(3) Treatment of insurance benefits.--Any amounts paid 
     under insurance coverage procured under this subsection shall 
     not--
       ``(A) be considered additional pay or allowances for 
     purposes of section 5536 of title 5; or
       ``(B) offset any benefits an employee may have as a result 
     of government service, including compensation under chapter 
     81 of title 5.
       ``(4) Entitlement to other insurance.--Nothing in this 
     subsection shall be construed as affecting the entitlement of 
     an employee to insurance under section 8704(b) of title 5.''.

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

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

     SEC. 810. LOST NATION AIRPORT, OHIO.

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

     SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA.

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

     SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY PROGRAM.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall develop a human intervention 
     and motivation study program for pilots and flight attendants 
     involved in air carrier operations in the United States under 
     part 121 of title 14, Code of Federal Regulations.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of fiscal years 2010 through 2012. Such 
     sums shall remain available until expended.

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

       (a) Submission of Plan to Congress.--Not later than 90 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Aviation Administration, in consultation with 
     Secretary of Homeland Security and Secretary of Defense, 
     shall submit to the Committee on Transportation and 
     Infrastructure and Committee on Homeland Security of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a plan for the 
     Washington, DC, Air Defense Identification Zone.
       (b) Contents of Plan.--The plan shall outline specific 
     changes to the Washington, DC, Air Defense Identification 
     Zone that will decrease operational impacts and improve 
     general aviation access to airports in the National Capital 
     Region that are currently impacted by the zone.

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

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

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

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

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

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

[[Page 5106]]

     after an assignment to fly under part 121 of such title) 
     toward any limitation applicable to the flight crewmember 
     relating to duty periods or flight times under part 121 of 
     such title.
       (2) To require a flight crewmember who is employed by an 
     air carrier conducting operations under part 135 of title 14, 
     Code of Federal Regulations, and who accepts an additional 
     assignment for flying under part 91 of such title from the 
     air carrier or any other air carrier conducting operations 
     under part 121 or 135 of such title, to apply the period of 
     the additional assignment (regardless of whether the 
     assignment is performed by the flight crewmember before or 
     after an assignment to fly under part 135 of such title) 
     toward any limitation applicable to the flight crewmember 
     relating to duty periods or flight times under part 135 of 
     such title.

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

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

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

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

     SEC. 819. CABIN TEMPERATURE AND HUMIDITY STANDARDS STUDY.

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

     SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS.

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

     SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGESTION.

       Not later than 18 months after the date of enactment of 
     this Act, the Comptroller General shall conduct a study and 
     submit a report to Congress regarding effective strategies to 
     alleviate congestion in the national airspace at airports 
     during peak travel times, by evaluating

[[Page 5107]]

     the effectiveness of reducing flight schedules and staggering 
     flights, developing incentives for airlines to reduce the 
     number of flights offered, and instituting slots and quotas 
     at airports. In addition, the Comptroller General shall 
     compare the efficiency of implementing the strategies in the 
     preceding sentence with redesigning airspace and evaluate any 
     legal obstacles to implementing such strategies.

     SEC. 822. AIRLINE PERSONNEL TRAINING ENHANCEMENT.

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

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

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

     SEC. 824. FAA RADAR SIGNAL LOCATIONS.

       (a) Study.--The Administrator of the Federal Aviation 
     Administration shall conduct a study on the locations of 
     Federal Aviation Administration radar signals (in this 
     section referred to as ``FAA radars'') in the United States, 
     including the impact of such locations on--
       (1) the development and installation of renewable energy 
     technologies, including wind turbines; and
       (2) the ability of State and local authorities to identify 
     and plan for the location of such renewable energy 
     technologies.
       (b) Consultation.--In conducting the study, the 
     Administrator may consult with the heads of appropriate 
     agencies as needed.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report on the results of the study.
       (d) Administrative Process.--The Administrator shall 
     develop an effective administrative process for relocation of 
     FAA radars, when appropriate, and testing and deployment of 
     alternate solutions, as necessary.
       (e) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to affect the authority of the 
     Administrator to issue hazard determinations.

     SEC. 825. WIND TURBINE LIGHTING.

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

     SEC. 826. PROHIBITION ON USE OF CERTAIN FUNDS.

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

     SEC. 827. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO 
                   AIRCRAFT.

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

     SEC. 828. WHISTLEBLOWERS AT FAA.

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

     SEC. 829. COLLEGE POINT MARINE TRANSFER STATION, NEW YORK.

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

     SEC. 830. PILOT TRAINING AND CERTIFICATION.

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

     SEC. 831. ST. GEORGE, UTAH.

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

[[Page 5108]]



     SEC. 832. REPLACEMENT OF TERMINAL RADAR APPROACH CONTROL AT 
                   PALM BEACH INTERNATIONAL AIRPORT.

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

     SEC. 833. SANTA MONICA AIRPORT, CALIFORNIA.

       It is the sense of Congress that the Administrator of the 
     Federal Aviation Administration should enter into good faith 
     discussions with the city of Santa Monica, California, to 
     achieve runway safety area solutions consistent with Federal 
     Aviation Administration design guidelines to address safety 
     concerns at Santa Monica Airport.

          TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Federal Aviation Research 
     and Development Reauthorization Act of 2010''.

     SEC. 902. DEFINITIONS.

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

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

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

     SEC. 904. RESEARCH PROGRAM ON RUNWAYS.

       (a) Research Program.--The Administrator shall maintain a 
     program of research grants to universities and nonprofit 
     research foundations for research and technology 
     demonstrations related to--
       (1) improved runway surfaces; and
       (2) engineered material restraining systems for runways at 
     both general aviation airports and airports with commercial 
     air carrier operations.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary for each of 
     the fiscal years 2010 through 2012 to carry out this section.

     SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.

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

     SEC. 906. CENTERS OF EXCELLENCE.

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

     SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM.

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

     SEC. 908. UNMANNED AIRCRAFT SYSTEMS.

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

     SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE 
                   STUDENTS.

       (a) In General.--The Administrator shall establish a 
     program to utilize colleges and universities, including 
     Historically Black Colleges and Universities, Hispanic 
     serving institutions, tribally controlled colleges and 
     universities, and Alaska Native and Native Hawaiian serving 
     institutions in conducting research by undergraduate students 
     on subjects of relevance to the FAA. Grants may be awarded 
     under this section for--
       (1) research projects to be carried out primarily by 
     undergraduate students;
       (2) research projects that combine undergraduate research 
     with other research supported by the FAA;
       (3) research on future training requirements related to 
     projected changes in regulatory requirements for aircraft 
     maintenance and power plant licensees; and
       (4) research on the impact of new technologies and 
     procedures, particularly those related to aircraft flight 
     deck and air traffic management functions, and on training 
     requirements for pilots and air traffic controllers.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2010 through 2012, for research grants under this section.

     SEC. 910. AVIATION GAS RESEARCH AND DEVELOPMENT PROGRAM.

       (a) Continuation of Program.--The Administrator, in 
     coordination with the NASA Administrator, shall continue 
     research and development activities into technologies for 
     modification of existing general aviation piston engines to 
     enable their safe operation using unleaded aviation fuel.
       (b) Roadmap.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator shall develop a 
     research and development roadmap for the program continued in 
     subsection (a), containing the specific research and 
     development objectives and the anticipated timetable for 
     achieving the objectives.
       (c) Report.--Not later than 130 days after the date of 
     enactment of this Act, the Administrator shall provide the 
     roadmap specified in subsection (b) to the Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $750,000 for each of the fiscal years 2010 
     through 2012 to carry out this section.

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

       (a) Study.--The Administrator shall enter into an 
     arrangement with the National Research Council for a review 
     of the FAA's energy- and environment-related research 
     programs. The review shall assess whether--
       (1) the programs have well-defined, prioritized, and 
     appropriate research objectives;
       (2) the programs are properly coordinated with the energy- 
     and environment-related research programs of NASA, NOAA, and 
     other relevant agencies;
       (3) the programs have allocated appropriate resources to 
     each of the research objectives; and

[[Page 5109]]

       (4) there exist suitable mechanisms for transitioning the 
     research results into the FAA's operational technologies and 
     procedures and certification activities.
       (b) Report.--A report containing the results of the review 
     shall be provided to the Committee on Science and Technology 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate within 18 
     months of the enactment of this Act.

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

       (a) Review.--The Administrator shall enter into an 
     arrangement with the National Research Council for an 
     independent review of the FAA's aviation safety-related 
     research programs. The review shall assess whether--
       (1) the programs have well-defined, prioritized, and 
     appropriate research objectives;
       (2) the programs are properly coordinated with the safety 
     research programs of NASA and other relevant Federal 
     agencies;
       (3) the programs have allocated appropriate resources to 
     each of the research objectives; and
       (4) there exist suitable mechanisms for transitioning the 
     research results from the programs into the FAA's operational 
     technologies and procedures and certification activities in a 
     timely manner.
       (b) Aviation Safety-related Research Programs To Be 
     Assessed.--The FAA aviation safety-related research programs 
     to be assessed under the review shall include, at a minimum, 
     the following:
       (1) Air traffic control/technical operations human factors.
       (2) Runway incursion reduction.
       (3) Flightdeck/maintenance system integration human 
     factors.
       (4) Airports technology research--safety.
       (5) Airport cooperative research program--safety.
       (6) Weather program.
       (7) Atmospheric hazards/digital system safety.
       (8) Fire research and safety.
       (9) Propulsion and fuel systems.
       (10) Advanced materials/structural safety.
       (11) Aging aircraft.
       (12) Aircraft catastrophic failure prevention research.
       (13) Aeromedical research.
       (14) Aviation safety risk analysis.
       (15) Unmanned aircraft systems research.
       (c) Report.--Not later than 14 months after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the results of the review.
       (d) Authorization of Appropriations.--In addition to 
     amounts authorized to be appropriated by the amendments made 
     by this Act, there is authorized to be appropriated $700,000 
     for fiscal year 2010 to carry out this section.

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

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

     SEC. 914. CENTER FOR EXCELLENCE IN AVIATION EMPLOYMENT.

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

            TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Airport and Airway Trust 
     Fund Financing Act of 2010''.

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

       (a) Rate of Tax on Aviation-grade Kerosene and Aviation 
     Gasoline.--
       (1) Aviation-grade kerosene.--Subparagraph (A) of section 
     4081(a)(2) of the Internal Revenue Code of 1986 (relating to 
     rates of tax) is amended by striking ``and'' at the end of 
     clause (ii), by striking the period at the end of clause 
     (iii) and inserting ``, and'', and by adding at the end the 
     following new clause:
       ``(iv) in the case of aviation-grade kerosene, 35.9 cents 
     per gallon.''.
       (2) Aviation gasoline.--Clause (ii) of section 
     4081(a)(2)(A) of such Code is amended by striking ``19.3 
     cents'' and inserting ``24.1 cents''.
       (3) Fuel removed directly into fuel tank of airplane used 
     in noncommercial aviation.--Subparagraph (C) of section 
     4081(a)(2) of such Code is amended to read as follows:
       ``(C) Taxes imposed on fuel used in commercial aviation.--
     In the case of aviation-grade kerosene which is removed from 
     any refinery or terminal directly into the fuel tank of an 
     aircraft for use in commercial aviation by a person 
     registered for such use under section 4101, the rate of tax 
     under subparagraph (A)(iv) shall be 4.3 cents per gallon.''.
       (4) Conforming amendments.--
       (A) Clause (iii) of section 4081(a)(2)(A) of such Code is 
     amended by inserting ``other than aviation-grade kerosene'' 
     after ``kerosene''.
       (B) The following provisions of such Code are each amended 
     by striking ``kerosene'' and inserting ``aviation-grade 
     kerosene'':
       (i) Section 4081(a)(3)(A)(ii).
       (ii) Section 4081(a)(3)(A)(iv).
       (iii) Section 4081(a)(3)(D).
       (C) Section 4081(a)(3)(D) of such Code is amended--
       (i) by striking ``paragraph (2)(C)(i)'' in clause (i) and 
     inserting ``paragraph (2)(C)'', and
       (ii) by striking ``paragraph (2)(C)(ii)'' in clause (ii) 
     and inserting ``paragraph (2)(A)(iv)''.
       (D) Section 4081(a)(4) of such Code is amended--
       (i) by striking ``paragraph (2)(C)(i)'' and inserting 
     ``paragraph (2)(C)'', and
       (ii) by striking ``kerosene'' in the heading and inserting 
     ``aviation-grade kerosene''.
       (E) Section 4081(d)(2) of such Code is amended by inserting 
     ``, (a)(2)(A)(iv),'' after ``subsections (a)(2)(A)(ii)''.
       (b) Extension.--
       (1) Fuels taxes.--Paragraph (2) of section 4081(d) of such 
     Code is amended by striking ``gallon--'' and all that follows 
     and inserting ``gallon after September 30, 2012''.
       (2) Taxes on transportation of persons and property.--
       (A) Persons.--Clause (ii) of section 4261(j)(1)(A) of such 
     Code is amended by striking ``September 30, 2009'' and 
     inserting ``September 30, 2012''.
       (B) Property.--Clause (ii) of section 4271(d)(1)(A) of such 
     Code is amended by striking ``September 30, 2009'' and 
     inserting ``September 30, 2012''.
       (c) Exemption for Aviation-grade Kerosene Removed Into an 
     Aircraft.--Subsection (e) of section 4082 of such Code is 
     amended--
       (1) by striking ``kerosene'' and inserting ``aviation-grade 
     kerosene'',
       (2) by striking ``section 4081(a)(2)(A)(iii)'' and 
     inserting ``section 4081(a)(2)(A)(iv)'', and
       (3) by striking ``Kerosene'' in the heading and inserting 
     ``Aviation-Grade Kerosene''.
       (d) Retail Tax on Aviation Fuel.--
       (1) Exemption for previously taxed fuel.--Paragraph (2) of 
     section 4041(c) of such Code is amended by inserting ``at the 
     rate specified in subsection (a)(2)(A)(iv) thereof'' after 
     ``section 4081''.
       (2) Rate of tax.--Paragraph (3) of section 4041(c) of such 
     Code is amended to read as follows:
       ``(3) Rate of tax.--The rate of tax imposed by this 
     subsection shall be the rate of tax in effect under section 
     4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any 
     sale or use for commercial aviation).''.
       (e) Refunds Relating to Aviation-grade Kerosene.--
       (1) Kerosene used in commercial aviation.--Clause (ii) of 
     section 6427(l)(4)(A) of such Code is amended by striking 
     ``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the 
     case may be,'' and inserting ``so imposed''.

[[Page 5110]]

       (2) Kerosene used in aviation.--Paragraph (4) of section 
     6427(l) of such Code is amended--
       (A) by striking subparagraph (B) and redesignating 
     subparagraph (C) as subparagraph (B), and
       (B) by amending subparagraph (B), as redesignated by 
     subparagraph (A), to read as follows:
       ``(B) Payments to ultimate, registered vendor.--With 
     respect to any kerosene used in aviation (other than kerosene 
     to which paragraph (6) applies), if the ultimate purchaser of 
     such kerosene waives (at such time and in such form and 
     manner as the Secretary shall prescribe) the right to payment 
     under paragraph (1) and assigns such right to the ultimate 
     vendor, then the Secretary shall pay (without interest) the 
     amount which would be paid under paragraph (1) to such 
     ultimate vendor, but only if such ultimate vendor--
       ``(i) is registered under section 4101, and
       ``(ii) meets the requirements of subparagraph (A), (B), or 
     (D) of section 6416(a)(1).''.
       (3) Aviation-grade kerosene not used in aviation.--
     Subsection (l) of section 6427 of such Code is amended by 
     redesignating paragraph (5) as paragraph (6) and by inserting 
     after paragraph (4) the following new paragraph:
       ``(5) Refunds for aviation-grade kerosene not used in 
     aviation.--If tax has been imposed under section 4081 at the 
     rate specified in section 4081(a)(2)(A)(iv) and the fuel is 
     used other than in an aircraft, the Secretary shall pay 
     (without interest) to the ultimate purchaser of such fuel an 
     amount equal to the amount of tax imposed on such fuel 
     reduced by the amount of tax that would be imposed under 
     section 4041 if no tax under section 4081 had been 
     imposed.''.
       (4) Conforming amendments.--
       (A) Section 6427(i)(4) of such Code is amended--
       (i) by striking ``paragraph (4)(C) or (5)'' both places it 
     appears and inserting ``paragraph (4)(B) or (6)'', and
       (ii) by striking ``, (l)(4)(C)(ii), and (l)(5)'' and 
     inserting ``and (l)(6)''.
       (B) Section 6427(l)(1) of such Code is amended by striking 
     ``paragraph (4)(C)(i)'' and inserting ``paragraph 
     (4)(B)(i)''.
       (C) Section 4082(d)(2)(B) of such Code is amended by 
     striking ``6427(l)(5)(B)'' and inserting ``6427(l)(6)(B)''.
       (f) Airport and Airway Trust Fund.--
       (1) Extension of trust fund authorities.--
       (A) Expenditures from trust fund.--Paragraph (1) of section 
     9502(d) of such Code is amended--
       (i) by striking ``October 1, 2009'' in the matter preceding 
     subparagraph (A) and inserting ``October 1, 2012'', and
       (ii) by inserting ``or the Aviation Safety and Investment 
     Act of 2010'' before the semicolon at the end of subparagraph 
     (A).
       (B) Limitation on transfers to trust fund.--Paragraph (2) 
     of section 9502(e) of such Code is amended by striking 
     ``October 1, 2009'' and inserting ``October 1, 2012''.
       (2) Transfers to trust fund.--Subparagraph (C) of section 
     9502(b)(1) of such Code is amended to read as follows:
       ``(C) section 4081 with respect to aviation gasoline and 
     aviation-grade kerosene, and''.
       (3) Transfers on account of certain refunds.--
       (A) In general.--Subsection (d) of section 9502 of such 
     Code is amended--
       (i) by striking ``(other than subsection (l)(4) thereof)'' 
     in paragraph (2), and
       (ii) by striking ``(other than payments made by reason of 
     paragraph (4) of section 6427(l))'' in paragraph (3).
       (B) Conforming amendments.--
       (i) Section 9503(b)(4) of such Code is amended by striking 
     ``or'' at the end of subparagraph (C), by striking the period 
     at the end of subparagraph (D) and inserting a comma, and by 
     inserting after subparagraph (D) the following:
       ``(E) section 4081 to the extent attributable to the rate 
     specified in clause (ii) or (iv) of section 4081(a)(2)(A), or
       ``(F) section 4041(c).''.
       (ii) Section 9503(c) of such Code is amended by striking 
     the last paragraph (relating to transfers from the Trust Fund 
     for certain aviation fuel taxes).
       (iii) Section 9502(a) of such Code is amended by striking 
     ``, section 9503(c)(7),''.
       (4) Transfers on account of aviation-grade kerosene not 
     used in aviation.--Section 9502(d) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(7) Transfers from airport and airway trust fund on 
     account of aviation-grade kerosene not used in aviation.--The 
     Secretary of the Treasury shall pay from time to time from 
     the Airport and Airway Trust Fund into the Highway Trust Fund 
     amounts as determined by the Secretary of the Treasury 
     equivalent to amounts transferred to the Airport and Airway 
     Trust Fund with respect to aviation-grade kerosene not used 
     in aviation.''.
       (5) Expenditures for air traffic control modernization.--
     Section 9502(d) of such Code, as amended by this title, is 
     amended by adding at the end the following new paragraph:
       ``(8) Expenditures for air traffic control modernization.--
     The following amounts may be used only for making 
     expenditures to carry out air traffic control modernization:
       ``(A) So much of the amounts appropriated under subsection 
     (b)(1)(C) as the Secretary estimates are attributable to--
       ``(i) 14.1 cents per gallon of the tax imposed at the rate 
     specified in section 4081(a)(2)(A)(iv) in the case of 
     aviation-grade kerosene used other than in commercial 
     aviation (as defined in section 4083(b)), and
       ``(ii) 4.8 cents per gallon of the tax imposed at the rate 
     specified in section 4081(a)(2)(A)(ii) in the case of 
     aviation gasoline used other than in commercial aviation (as 
     so defined).
       ``(B) Any amounts credited to the Airport and Airway Trust 
     Fund under section 9602(b) with respect to amounts described 
     in this paragraph.''.
       (g) Effective Date.--
       (1) Modifications.--Except as provided in paragraph (2), 
     the amendments made by this section shall apply to fuels 
     removed, entered, or sold after December 31, 2009.
       (2) Extensions.--The amendments made by subsections (b) and 
     (f)(1) shall take effect on the date of the enactment of this 
     Act.
       (h) Floor Stocks Tax.--
       (1) Imposition of tax.--In the case of aviation fuel which 
     is held on January 1, 2010, by any person, there is hereby 
     imposed a floor stocks tax on aviation fuel equal to--
       (A) the tax which would have been imposed before such date 
     on such fuel had the amendments made by this section been in 
     effect at all times before such date, reduced by
       (B) the sum of--
       (i) the tax imposed before such date on such fuel under 
     section 4081 of the Internal Revenue Code of 1986, as in 
     effect on such date, and
       (ii) in the case of kerosene held exclusively for such 
     person's own use, the amount which such person would (but for 
     this clause) reasonably expect (as of such date) to be paid 
     as a refund under section 6427(l) of such Code with respect 
     to such kerosene.
       (2) Liability for tax and method of payment.--
       (A) Liability for tax.--A person holding aviation fuel on 
     January 1, 2010, shall be liable for such tax.
       (B) Time and method of payment.--The tax imposed by 
     paragraph (1) shall be paid on April 30, 2010, and in such 
     manner as the Secretary of the Treasury shall prescribe.
       (3) Transfer of floor stock tax revenues to trust funds.--
     For purposes of determining the amount transferred to the 
     Airport and Airway Trust Fund, the tax imposed by this 
     subsection shall be treated as imposed by the provision of 
     section 4081 of the Internal Revenue Code of 1986 which 
     applies with respect to the aviation fuel involved.
       (4) Definitions.--For purposes of this subsection--
       (A) Aviation fuel.--The term ``aviation fuel'' means 
     aviation-grade kerosene and aviation gasoline, as such terms 
     are used within the meaning of section 4081 of the Internal 
     Revenue Code of 1986.
       (B) Held by a person.--Aviation fuel shall be considered as 
     held by a person if title thereto has passed to such person 
     (whether or not delivery to the person has been made).
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the Secretary's delegate.
       (5) Exception for exempt uses.--The tax imposed by 
     paragraph (1) shall not apply to any aviation fuel held by 
     any person exclusively for any use to the extent a credit or 
     refund of the tax is allowable under the Internal Revenue 
     Code of 1986 for such use.
       (6) Exception for certain amounts of fuel.--
       (A) In general.--No tax shall be imposed by paragraph (1) 
     on any aviation fuel held on January 1, 2010, by any person 
     if the aggregate amount of such aviation fuel held by such 
     person on such date does not exceed 2,000 gallons. The 
     preceding sentence shall apply only if such person submits to 
     the Secretary (at the time and in the manner required by the 
     Secretary) such information as the Secretary shall require 
     for purposes of this subparagraph.
       (B) Exempt fuel.--For purposes of subparagraph (A), there 
     shall not be taken into account any aviation fuel held by any 
     person which is exempt from the tax imposed by paragraph (1) 
     by reason of paragraph (6).
       (C) Controlled groups.--For purposes of this subsection--
       (i) Corporations.--

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

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

     TITLE XI--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO-ACT OF 2010

     SEC. 1101. COMPLIANCE PROVISION.

       The budgetary effects of this Act, for purposes of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     jointly submitted for printing in the Congressional Record by 
     the Chairmen of the House and Senate Budget Committees, 
     provided that such statement has

[[Page 5111]]

     been submitted prior to the vote on passage in the House 
     acting first on this conference report or amendments between 
     the Houses.

  The SPEAKER pro tempore. Pursuant to House Resolution 1212, the 
motion shall be debatable for 1 hour equally divided and controlled by 
the chair and the ranking minority member of the Committee on 
Transportation and Infrastructure. The gentleman from Minnesota (Mr. 
Oberstar) and the gentleman from Wisconsin (Mr. Petri) each will 
control 30 minutes.
  The Chair recognizes the gentleman from Minnesota.


                             General Leave

  Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 1586.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
  This procedure under which we are acting on this bill is complex and 
has raised some concerns both in the Rules Committee and in discussion 
of the rule, so I just want to clarify some things.
  The rule states in part: to concur in the Senate amendment to the 
title of H.R. 1586 which deals with additional tax bonuses on TARP 
recipients. This is a tax bill that the House had passed and sent to 
the Senate. The Senate is amending that tax bill, taking everything out 
and substituting its version of the FAA authorization bill. We then, 
under the rule, concur in the Senate amendment to the text with the 
amendment printed in the report of the Committee on Rules which is the 
text of the bill that we have twice passed in this House in two 
Congresses.
  It is not something new. It is not a freestanding bill coming to the 
floor for the first time and should not be nor has it been subjected to 
an open rule which was requested in the Rules Committee and which was 
again debated on the House floor during consideration of the rule.
  This is the bill we passed first in September, on September 20, 2007, 
by a vote of 267-151, including four Republican and four Democratic 
amendments. It was not adopted in that Congress.
  We took it up again in 2009, passed the bill May 21 last year by an 
even bigger vote, 277-136, including seven Democratic and four 
Republican amendments. We also include in this bill the Airline Safety 
and Pilot Training Act of 2009, overwhelmingly approved in the House by 
a vote of 409-11, not acted upon by the other body. So we are combining 
these bills and sending them back to the Senate which then we expect 
will ask for a conference.
  Now, we have heard discussion and I heard some rather fomenting 
sounds during consideration of the rule about, well, we haven't passed 
this aviation authorization bill in years. We would have passed it in 
2007 but for the Statement of Administration Policy September 19, 2007, 
from the Bush administration that said: Accordingly, if H.R. 2881 were 
presented to the President, his senior advisers would recommend that he 
veto the bill.
  It passed the House notwithstanding.
  But because of the threat of the administration veto, the other body, 
narrowly divided, didn't even take it up. We did our work in good 
order, in reasonable order, very quick from the time the gavel was 
handed over to Speaker Pelosi at the beginning of the 110th Congress 
and we regained the majority. We picked up where we left off in the 
previous Congress with the Republican members of our committee and 
moved the bill with bipartisan support except for three issues. And on 
one of those, the administration threatened a veto, the negotiation/
renegotiation of the air traffic controller contract.
  The new administration came in and settled that issue. It is gone. It 
is done. The language is still in the bill because we passed that bill 
before the administration settled the air traffic controller contract. 
So the language stays in the bill, but it will come out in conference, 
at least that part of it.
  So I don't understand this revisionism that I heard on the House 
floor during the debate on the rule. It is wrong. It doesn't represent 
the issues properly. It doesn't put them into focus. We are going to 
pass this legislation today. The Senate will then ask us for a 
conference in due course, and we will go to conference on this bill. 
And we will resolve whatever the differences are, and there are several 
of them, between our version and the Senate version. That is the 
process.
  I just want to make it very clear that is what we are here discussing 
today.
  I reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  Today we are considering an amendment to H.R. 1586, the Senate-passed 
FAA reauthorization bill which will substitute two previously 
considered and passed House bills: H.R. 915, the FAA Reauthorization 
Act of 2009 and H.R. 3371, the Airline Safety and Pilot Training 
Improvement Act of 2009.
  This is a procedural process deemed necessary in order for the House 
and Senate to enter into negotiations to reconcile the differences in 
each Chamber's FAA reauthorization bill.
  While I support the process moving forward, I cannot support the 
House amendment to H.R. 1586 due to the inclusion of several 
controversial provisions in the House FAA reauthorization bill being 
inserted by the amendment.
  Certainly we all agree that we need a final bipartisan and bicameral 
FAA reauthorization bill, and we need it sooner rather than later. With 
the latest of 13 extensions having passed the House just yesterday, the 
FAA is still working under the 2003 FAA reauthorization. This is a very 
untenable situation, so the urgency of this legislation remains.
  The American Society of Civil Engineers periodically issues an 
infrastructure report card, and its 2009 report card gives aviation a 
grade of only a D. This was actually a lower grade than the D-plus 
earned in its 2005 report card. So the condition of our aviation 
infrastructure in the United States is getting worse, not better.
  The amendment includes a provision from H.R. 915 that increases 
Federal investment in aviation infrastructure with funding for the 
Airport Improvement Program increased to a total of $12.3 billion over 
3 years. The facilities and equipment program is increased to $10.1 
billion.
  The amendment, through a H.R. 915 provision, also increases the cap 
on the level of passenger facility charges that an airport can impose 
for capacity and safety improvements. The cap was last raised 10 years 
ago, and the $4.50 maximum charge is now worth far less due to the 
passage of time, as well as high construction cost inflation.
  One of the most important initiatives under way at the FAA is the 
modernization of our air traffic control system known as NextGen. We 
must transition from the 50-year-old ground-based technology to a 
modern satellite-based system in order to increase capacity, lower 
costs and increase safety and efficiency in our system. The legislation 
before us seeks to move this process along while instilling 
accountability. Congress will need to provide effective oversight to be 
sure the program stays on track and that we have the financial 
resources for the $15 billion-$20 billion in government costs for this 
multi-year program to keep moving forward. Our chairman of the 
subcommittee, Mr. Costello, has been very active in providing 
oversight.
  The amendment, with the inclusion of H.R. 915 provisions, also 
improves safety, provides noise mitigation and enhances environmental 
initiatives. Passenger rights would be addressed by ensuring that 
airlines and airports plan for the care of passengers who are trapped 
in long delays on tarmacs.

                              {time}  1530

  It also mandates the establishment of a process to avoid airline 
overscheduling that inevitably leads to delay.
  The House amendment also includes H.R. 3371, the Airline Safety and 
Pilot Training Improvement Act of 2009, a comprehensive, bipartisan 
bill that passed the House last year. H.R. 3371

[[Page 5112]]

improves access and review of pilots' records, requires more extensive 
pilot training, improves pilot professionalism, addresses pilot 
fatigue, and increases the minimum certification standards for 
commercial airline pilots. I look forward to working on finalizing 
these provisions with the Senate during a conference committee to 
improve airline safety.
  Unfortunately, despite the inclusion of important safety provisions, 
the amendment also includes a number of controversial provisions in 
H.R. 915, the same provisions that delayed consideration of the FAA 
reauthorization in the Senate. Therefore, it's impossible for me to 
support the amendment in its current form.
  One provision regarding air traffic controllers provides for changes 
in future impasse procedures, which I don't object to, but it also 
includes costly rollback and backpay requirements under terms of the 
1998 contract. According to the Congressional Budget Office, the cost 
of this provision in budget year 2009 was $83 million, and about $1 
billion over the life of the bill. With the arbitrated controller 
contract agreed to last year, I would have thought this provision would 
no longer be necessary. However, since it remains as it did in H.R. 915 
in the amendment, the provision remains problematic.
  H.R. 915 also includes a provision that would move express carriers 
from being covered by the Railway Labor Act to the National Labor 
Relations Act. This is really targeted at one company, FedEx Express. 
FedEx Express was organized as, and still is, an air carrier, in 
particular, an express carrier. As such, it's been covered by the 
Railway Labor Act since its creation in 1971.
  It has trucks, but it is a fully integrated system, and the trucks 
would not operate without the planes, which was reaffirmed by the Ninth 
Circuit Court of Appeals several years ago. I'd note that other 
companies within the FedEx family, such as FedEx Freight, are rightly 
covered by the National Labor Relations Act.
  Other provisions included in the amendment from H.R. 915 raise 
concerns, such as the foreign repair station language, which may have 
the unintended consequences of leading to retaliation by the European 
Union. This will result in the loss of jobs here in the U.S., as 
European customers may no longer send planes to the U.S. and the 
Europeans may impose costly certification and inspection processes on 
U.S. repair stations.
  Also, H.R. 915 included a provision that would automatically sunset 
airline alliance antitrust immunity agreements 3 years after enactment. 
We are told this could threaten approximately 15,000 airline jobs in 
the United States. Considering U.S.-based airlines have already been 
forced to cut a staggering 41,000 jobs, nearly 10 percent of their work 
force in the last 2 years, further job loss resulting from this 
provision raises obvious concerns.
  I'd like to thank Chairman Oberstar, Chairman Costello, and Ranking 
Member John Mica and other members of the committee for their continued 
dedication in working to pass an FAA bill. Many thanks also to our 
hardworking staff for the effort they've put in over the last 3 years.
  And in conclusion, I support the general goals and the majority of 
this bill in terms of increasing infrastructure investment, advancing 
NextGen, improving safety and the environment, and increasing passenger 
protections. There are a few specific provisions that will preclude me 
from voting for the House amendment to H.R. 1586. Nevertheless, I'm 
pleased we're considering this bill today and, after it passes, I look 
forward to continuing to work with my colleagues in a conference 
committee with the Senate so that we can get a bipartisan, bicameral 
FAA reauthorization in place.
  Mr. OBERSTAR. Before the gentleman concludes, Mr. Speaker, would the 
gentleman yield for just a moment?
  Mr. PETRI. Yes.
  Mr. OBERSTAR. The gentleman referred, Mr. Speaker, to the provision 
in the bill that covers the air traffic controller contract. The 
gentleman is aware that has been resolved and settled, and in my 
remarks I said that is a provision that we have already agreed that 
would be dropped because it's no longer necessary.
  Mr. PETRI. That was my observation, and I'm happy with that 
assurance.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OBERSTAR. I now yield such time as he may consume to the Chair of 
our subcommittee, the gentleman from Illinois (Mr. Costello), who has 
ushered this bill through two Congresses, two successful votes on the 
House floor, and we're now about to go to conference and have the 
crowning achievement.
  Mr. COSTELLO. Mr. Speaker, I rise in strong support of the House 
amendment to H.R. 1586. This comprehensive bill includes two bills 
passed by the House, H.R. 915, the Federal Aviation Administration 
Reauthorization Act, and H.R. 3371, the Bipartisan Airline Safety and 
Pilot Training Improvement Act of 2009. Together, these bills are a 
product of over 20 hearings of our subcommittee, of the Aviation 
Subcommittee, many roundtable discussions on a whole host of topics in 
the aviation industry, and let me say that we also had the input and 
worked with the Federal Aviation Administration and every group and 
organization in the aviation community.
  Mr. Speaker, the other body passed the FAA Reauthorization bill, H.R. 
1586, using an unrelated House-passed tax bill, as Chairman Oberstar 
stated. The Senate amended H.R. 1586 and inserted the language from S. 
1451, the FAA Air Transportation Modernization and Safety Improvement 
Act.
  In response to the action taken by the Senate, today the House will 
be amending H.R. 1586 with language that has already been passed by the 
House to ensure many important provisions included in both bills, H.R. 
915 and H.R. 3371, that they're maintained throughout conference with 
the Senate.
  There are provisions that are very important that are not included in 
the Senate bill that were included in H.R. 915, in the legislation that 
the House is amending today that I want to highlight.
  First, the House bill increases the cap on the passenger facility 
charge from $4.50 to $7 to help airports that choose to participate in 
the PFC program to meet capital needs. According to the FAA, if every 
airport currently collecting a $4 or $4.50 PFC raises its PFC to $7, 
that increase would generate approximately $1.3 billion in additional 
revenue for airport capital needs each year. This increase in the PFC 
will allow airports to improve and expand their facilities, while 
creating jobs at a time when jobs are critically needed in this 
country.
  Second, H.R. 1586, as amended, provides consistency in collective 
bargaining rights throughout the express carrier industry by allowing 
employees working on the ground and driving trucks to organize under 
the National Labor Relations Act, which enables employees to organize 
at the local level as opposed to the national level. Workers who are 
directly involved with the aircraft operation portion of those 
companies, like pilots and mechanics, would continue to be under the 
jurisdiction of the Railway Labor Act.
  In addition, this legislation also includes one of the strongest 
aviation safety bills in decades, H.R. 3371, the Airline Safety and 
Pilot Training Act of 2009. This bipartisan legislation was written and 
introduced by Chairman Oberstar, Ranking Member Mica, Mr. Petri, and 
myself last year. The legislation was introduced after many hearings 
and roundtable discussions and with the input of the families of those 
who perished in the Colgan accident in Buffalo, the pilot groups, 
airlines, the National Safety Transportation Board, and the Department 
of Transportation Inspector General, as well as many Members of this 
body.
  Let me say, Mr. Speaker, that the Aviation Subcommittee also held 
hearings and roundtables on safety issues related to the Colgan 
accident, culminating in the introduction of H.R. 3371.
  Regional airlines have been involved in the last seven fatal U.S. 
airline accidents, and pilot performance has been implicated in four of 
these accidents.

[[Page 5113]]

Our bill, the action that we take today, and the action that we took in 
the legislation before us will strengthen pilot training requirements 
and qualifications.
  There are five important provisions that I want to highlight very 
quickly that were originally included in H.R. 3371 and in the bill 
before us.
  First, to address pilot qualification, the bill increases the minimum 
number of flight hours required to be hired as an airline pilot. 
Currently, the first officer only needs a commercial pilot's license to 
be a pilot, which requires a minimum of 250 flight hours. There is a 
consensus that 250 hours is simply not enough to be an airline pilot 
and that safety would be improved by raising the standard.
  Under our legislation, all airline pilots must obtain an airline 
transport pilot license, which is currently only mandatory for an 
airline captain. The ATP requires a minimum of 1,500 flight hours and 
additional aeronautical knowledge, crew resource management training, 
and greater flight proficiency testing.
  The legislation also strengthens the ATP qualitative minimum 
requirements, such as demonstrating the ability to function effectively 
in a multipilot environment and in training to fly in adverse weather 
conditions, including icing.
  Second, we mandate several outstanding NTSB recommendations related 
to pilot training that were discussed at our hearings, such as those on 
stall and upset recovery and remedial training.
  Third, to ensure that airlines can make informed hiring decisions, 
the bill requires the FAA to create and maintain an electronic pilot 
records database. The database will allow an airline to quickly assess 
an applicant's comprehensive record for hiring purposes only.
  Fourth, fatigue has been on the NTSB's most wanted list since 1990. 
The bill directs the FAA to implement a new pilot flight and duty time 
rule, taking into account the operating environment of today's pilots 
and the scientific research on fatigue. As part of the rulemaking, the 
National Academy of Sciences is tasked with studying the effects of 
commuting on pilot fatigue. In addition, the bill requires air carriers 
to create fatigue risk management systems to proactively mitigate 
fatigue.
  Finally, the bill requires all Internet Web sites that sell airline 
tickets to show, on the first page of the Web display, the name of the 
air carrier operating each flight segment of a proposed itinerary.
  Although there are a few contentious issues that you heard about 
today, I believe that we have discussed many of these issues and that 
they can be resolved in conference with the Senate. Virtually the 
entire aviation community, the airlines, the airports, general 
aviation, State aviation officials have communicated to us in a unified 
voice the need to get a multiyear reauthorization done as soon as 
possible.
  Mr. Speaker, the House has already passed these bills separately. 
Incorporated together as the Aviation Safety and Investment Act of 
2010, this legislation provides important stability for NextGen and the 
needed capacity improvements, while also strengthening aviation safety.
  I urge my colleagues to support this legislation.
  Mr. PETRI. Mr. Speaker, I yield 1\1/2\ minutes to our colleague from 
the State of Texas, Kevin Brady.
  Mr. BRADY of Texas. Mr. Speaker, I appreciate the leadership of 
Chairmen Oberstar and Costello, as well as our ranking leaders, Mr. 
Mica and Mr. Petri, on the aviation infrastructure, but I rise in 
opposition to the bill which includes a number of provisions which 
would hurt our Nation's airlines, especially when many are suffering 
losses.
  By sunsetting in 3 years the antitrust immunity for airlines 
participating in international alliances, this bill puts at risk the 
global competitiveness of U.S. airlines, and reduces benefits for 
consumers.
  International alliances help better serve Americans when traveling 
abroad. When airlines partner together, consumers benefit from the 
enhanced competition. They get greater access to lower fares, better 
online services, and more connecting options. And if airlines are at 
risk of losing their immunity, airlines may not enter into alliances 
and may cut back on cooperation with foreign air carriers. And consumer 
benefits would be put at risk, along with 15,000 American jobs 
supported by the industry.
  Oversight has been raised as an issue, but there is more than 
adequate oversight already and review of these alliances by both the 
Department of Justice and the Department of Transportation. The 
Transportation Department may amend or revoke any existing immunity 
grant, and the Department of Justice is able to investigate antitrust 
concerns.
  Mr. Speaker, alliances often require significant and long-term 
investments for U.S. carriers. Unnecessarily sunsetting them would 
compromise the viability of the industry, benefits to consumers, and 
American jobs in a weakened economy.
  Mr. OBERSTAR. Mr. Speaker, I would like to inquire of the time 
remaining on both sides.
  The SPEAKER pro tempore. The gentleman from Minnesota has 18 minutes 
remaining. The gentleman from Wisconsin has 20 minutes remaining.
  Mr. OBERSTAR. I now yield 3 minutes to the gentleman from Oregon (Mr. 
DeFazio).
  Mr. DeFAZIO. I thank the chairmen of the full committee and the 
subcommittee and the ranking member for their excellent work on this.
  There are a number of issues that are extraordinarily important to 
the public, the traveling public, in these two pieces of legislation.
  The pilot training requirement, something I've been talking about 
since the early 1990s, I was shocked to find out that for those 
airlines who don't have higher standards, that they can hire someone 
with 250 hours of experience and put them up there on the flight deck. 
This didn't become apparent to a lot of the American public until after 
the horrible tragedy of the Comair crash last year, but it has been 
something that has been going on for years.

                              {time}  1545

  These low-budget sorts of carriers are trying to drag down the 
industry. Instead of hiring people with higher qualifications, paying 
them an actual decent working wage, when you have someone working for a 
little bit over minimum wage flying your airplane, do you feel good 
about that? I don't. With very inadequate training and someone who's 
been up overnight because they can't afford to have their own apartment 
and they have to commute across the United States of America to go home 
and sleep in their mom's house? That's a heck of a way to run an 
industry.
  By raising the bar and raising the standard, we will not disadvantage 
anybody except those who are dragging down the system. We will have a 
new, higher standard, which the good airlines are already meeting, and 
those who are not meeting are going to be forced to meet and they're 
going to be forced to pay competitive wages to get people who are 
trained to that level. This will make the American traveling public 
safer.
  In addition to that, I first introduced with now-Senator Ben Cardin a 
bill on passenger rights in 1987. We've never quite gotten there until 
this legislation. We have some critical and basic passenger rights 
embedded in this FAA reauthorization--something that has been decades 
in the making. We came close a number of years ago but the then-
Republican majority cut a deal for some voluntary standards which 
haven't been exactly subscribed to by some members in the industry. The 
industry is variable. Some are much better than others. This will make 
them all go to the same level of protections for consumers.
  Again, we're putting a floor in there. If someone wants to exceed it, 
that's great. But let's move the floor up and go after those who are 
abusing passengers.
  Then, finally, in terms of the overall system, this FAA bill will 
move us to a

[[Page 5114]]

21st century system for air traffic control, one that will allow the 
airlines much more use of our airspace, much more efficiently avoid 
storms, fly more fuel-efficient routes, avoid delays. That will be of 
tremendous benefit both to the industry and the traveling public, that 
additional predictability with NextGen.
  I would recommend to our colleagues that we unanimously pass this 
legislation.
  Mr. PETRI. Mr. Speaker, I yield 2 minutes to our colleague from 
Texas, Lamar Smith.
  Mr. SMITH of Texas. Mr. Speaker, first of all, I want to thank my 
friend from Wisconsin for yielding me time. I would also like to thank 
Chairman Oberstar and Ranking Member Petri for their hard work on this 
legislation.
  Mr. Speaker, I have one concern about section 426 of the House 
amendment to H.R. 1586, which I hope will be addressed. Section 426 
does two main things: it requires the Government Accountability Office 
to study the effect of Department of Transportation grants of antitrust 
exemptions on consumer welfare; and sunsets the existing antitrust 
exemptions after 3 years.
  These grants of antitrust immunity allow airlines to ``codeshare'' 
with international partner airlines. This in turn allows the airlines 
to offer more flight options to consumers. It also means that consumers 
can accrue and use frequent flier miles on many airlines. Having more 
flight options and more ways to spend miles is certainly a boon for the 
consumer. In addition, the airlines contend that these alliances make 
for healthier airlines, which is good news for the thousands of workers 
that these companies employ.
  As ranking member of the House Judiciary Committee which has 
jurisdiction over the antitrust laws, I have concerns that under 
current law, only the Secretary of Transportation can grant these 
immunities. The Department of Justice's antitrust division does not 
have a formal role in that process. That is something that I think 
needs to be examined. I understand that the Senate version of this bill 
does not have a similar provision. It is my hope that the House 
Judiciary Committee will be included in any conference on this 
legislation so that we can offer our antitrust perspective on this 
particular issue.
  Mr. OBERSTAR. I yield myself 1 minute to respond to a repeated 
misunderstanding of and misconstruction of the language referring to 
antitrust immunity.
  Airlines are free to engage in alliances and have been ever since the 
Deregulation Act of 1978. The threat to competition and to airline 
prices and fairness in the marketplace is to bless that relationship, 
codesharing, with immunity from the antitrust laws so that the airlines 
in the alliance can collude on market and pricing and on scheduling. 
They should not have antitrust immunity.
  The alliance is a fair and equitable competition device, but it 
should not be free from the antitrust laws of the United States.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBERSTAR. I yield myself 30 seconds.
  If I had my way, I would eliminate the antitrust altogether, but 
we're providing a process by which the benefits of alliances that have 
been given antitrust immunity can be evaluated, determined whether 
there was a balance of benefits to the traveling public; if so, if they 
prove their case, they show that there are benefits, then the antitrust 
immunity continues in place.
  I yield 3 minutes to the distinguished gentlewoman from the District 
of Columbia (Ms. Norton).
  Ms. NORTON. Mr. Speaker, I want to thank the chairman of the full 
committee and Chairman Costello. These two chairs have done what can 
only be called heroic work twice. To do heroic work once, perhaps we'll 
say that's what chairs do. But this bill through two Congresses has 
only been improved by what they have done. The merits are not so much 
what this amendment is about, although there is a very important 
amendment in this bill.
  I do want to say that this is a real jobs bill because it's an 
infrastructure bill at heart about updating our airline and airport 
infrastructure. But the bill is full of what the country yearns for and 
why it was so popular here and in the other body. It's just got the 
whole panoply of what is necessary to update the FAA: consumer 
protections that people yearn for, especially as the summer months 
approach; very much improved safety for the flying public, including 
the number of training hours for commercial pilots, and we've learned 
that one the hard way, with airline accidents, while this bill has been 
winding its way through both Houses.
  We have a very aged air traffic control system. This bill brings all 
of these moving parts together and the committee chairs and the ranking 
members deserve very special praise for putting together so complicated 
a bill.
  I want to comment on one matter that still is in conference and that 
has to do with the perennial matter of the slots and the perimeter and 
the desire of some in the other body, certainly, to save a few minutes 
by coming to overcrowded Reagan Airport rather than to Dulles or to 
BWI. For two decades, there was a statutory limit on the number of 
slots, and then there began to be inroads into it. This has to do with 
the perimeter where planes can arrive or depart to this airport, in 
order to even out the air traffic with the three airports in this 
region and to abate noise and traffic congestion on the ground.
  Since 2000, we have had to fight every time this bill came up in 
order to save the perimeter rule. The perimeter appears to have been 
saved, and I appreciate the way the chairman worked on this; no 
modification in the perimeter, although there are going to be more 
flights, it looks like, with big planes coming in. We have offset the 
flights from beyond the perimeter by using 10 slots within the 
perimeter that were unused.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. OBERSTAR. I yield the gentlewoman an additional minute.
  Ms. NORTON. We have been very fair in trying to keep this an even 
system on the air and on the ground. I understand that, in the other 
body, Mr. Warner and Mr. Webb are working still on this issue in 
conference. What has given them the best head start, Mr. Chairman, is 
what you did here to save the perimeter rule. I think by the time it 
got there, they knew that that could not be overcome. And if we work 
together, I think we can finally call this the year of the FAA bill.
  I thank both sides for how well you've worked together on this very 
important bill.
  Mr. PETRI. Mr. Speaker, I have only one request for time, and I 
reserve the balance of my time.
  Mr. OBERSTAR. How much time remains on both sides?
  The SPEAKER pro tempore. The gentleman from Minnesota has 16 minutes 
remaining. The gentleman from Wisconsin has 18\1/2\ minutes remaining.
  Mr. OBERSTAR. I yield 2 minutes to the distinguished gentleman from 
Illinois (Mr. Lipinski).
  Mr. LIPINSKI. Mr. Speaker, I rise today in strong support of this 
motion from Chairman Oberstar. I would like to commend Chairman Jim 
Oberstar and Chairman Jerry Costello for their leadership and for 
making FAA reauthorization and aviation safety top priorities of our 
committee and of this House. We've held over 20 hearings and five 
roundtables on the FAA reauthorization in the last couple of years.
  The House-passed FAA reauthorization will not only modernize our 
Nation's air transportation system--which is crucially needed right 
now--but will also significantly boost safety and enhance protections 
for consumers and the environment.
  I was especially pleased to work with the chairman to incorporate a 
number of pro-consumer/pro-environment provisions into the bill, 
including holding airlines more accountable for delayed passenger bags; 
requiring airports to consider the implementation of recycling 
programs; establishing a Federal research center to develop alternative 
jet fuel; funding research to eliminate

[[Page 5115]]

the use of lead in aviation gas; and requiring an open, competitive 
process for airport projects with the use of QBS.
  I look forward to continuing to work with Chairman Oberstar, Chairman 
Costello, and the ranking member as we move to conference with the 
Senate. Right now we have to continue to look forward, especially with 
NextGen. We need to get this done for the American flying public, and I 
urge my colleagues to support this amendment.
  Mr. PETRI. I continue to reserve the balance of my time.
  Mr. OBERSTAR. Mr. Speaker, I yield 3 minutes to the distinguished 
gentlewoman from California (Ms. Richardson).
  Ms. RICHARDSON. Mr. Speaker, I rise today in strong support of the 
Oberstar amendment, Subcommittee Chair Costello, and the FAA 
Authorization Act as passed by the Senate. The Oberstar amendment makes 
a number of necessary fixes, one of which is to assure that the bill is 
in compliance with PAYGO rules. I want to thank Chairman Oberstar for 
his unrelenting leadership in bringing this amendment and the original 
FAA Authorization Act to the floor.
  The FAA Authorization Act represents our commitment to safety in 
general aviation, commercial, cargo, and many other areas, especially 
the innovative programs to come. This is important to our economy, but 
also to our quality of life. I fly two times a week, 3,000 miles each 
way. So I can tell you as a passenger that all of the work that we do 
in our committee is important.
  In the committee hearings, we have discussed issues from safety, to 
programs, to what's going on with the pilots. I can assure you that 
Subcommittee Chairman Costello has made every effort to ensure that 
this authorization is a good bill and meets the needs of the public.

                              {time}  1600

  This authorization is a step in the right direction to the total 
modernization that is needed and that has been long awaited.
  Transportation experts and those who work in the airline industry 
agree that this is the time for a bold, new transportation vision. Many 
Members have already spoken so far about the upcoming awaited 
implementation of NextGen, but this bill is much more than that.
  That is why I am proud to provide support to the FAA Reauthorization 
Act as it comes before the House today, and not only today, but as 
Chairman Oberstar brought it to us before.
  I urge my colleagues' support in this effort.
  Mr. PETRI. I have only one request and continue to reserve the 
balance of my time.
  Mr. OBERSTAR. Mr. Speaker, we have only one speaker left on our side, 
and so since it is our responsibility to close, I would ask the 
distinguished gentleman from Wisconsin to acknowledge his remaining 
speaker.
  Mr. PETRI. I thank the chairman.
  I yield such time as he may consume to my colleague, John Mica, from 
Florida.
  Mr. MICA. I thank the gentleman for yielding.
  Mr. Petri has done a great job as our Republican leader of the 
Aviation Subcommittee. I admire his work. Mr. Costello, who chairs that 
committee, Mr. Oberstar, the former Chair of that subcommittee, myself, 
as a former Chair of that subcommittee, a tremendous amount of 
expertise out here today.
  Our committee is pretty bipartisan, and we try to get things done, 
not just in the interest of our committee, not in the interest of a 
partisan position, but in the interest of the country. I am 
particularly frustrated today, and I expressed some of that frustration 
when the rule came up. And the rule, as Members know, Mr. Speaker, is 
the manner in which we consider a bill and amendments.
  Most Members may not be aware, Mr. Speaker, of the little quandary 
that we are in right now or how we got in this position. This, in fact, 
is an FAA reauthorization. It would be for a number of years. This is 
the full bill. The bill that I worked on in 2003 that expired in 2007, 
we have done 13 extensions as of, I think, this past week.
  We have heard that, you know, it may be Bush's fault that we didn't 
pass something during the first 2 years that the Democrats controlled 
in overwhelming majority numbers both the House and 60 votes, until 
about a month ago, in the other body.
  But you can't tell me, of all people, that we couldn't deal with 
President Bush on an issue that affects 11 percent of our economy. This 
is 11 percent of our economy.
  I stood on the floor and led the fight to override a Bush veto. I 
think it was the 107th veto in the entire history of the Congress.
  Mr. Oberstar happened to be in the hospital at the time, but they 
were in the majority, and we did the right thing on a water resources 
bill. I took on my administration--and I would do the same thing then 
on Federal aviation authorization because it is in the interest of the 
people that we move this forward. When we don't have policy relating to 
how we operate the Federal Aviation Administration or aviation safety, 
legislation up to date, there is something wrong.
  So please don't tell me it's Bush's fault. The Bush that I know of 
didn't have a vote here. We had the vote. We had the responsibility to 
get this done years ago.
  Now, what really frustrates me even more is the position that we find 
ourselves in. We are engaged in, I said during the Rules debate, a huge 
ping-pong ballgame with this bill and with this legislation. The 13th 
expiration of the legislation and extension we had to do is now sitting 
over in the other body, I am told.
  Now, listen to this, it may expire next week, the 31st. We offered an 
extension through the beginning of July. It has a provision in there 
that Mr. Oberstar got, an agreement; we agreed together that we should 
correct a formula for distribution of highway funds for major 
infrastructure projects, projects of national significance, so that 
four States wouldn't hog the money, get 58 percent of it. We put that 
provision in there, and now it's being held hostage. What the other 
body did, they sent another bill over here, not our bill, they sent on 
a Ways and Means measure, their bill, so that basically it wouldn't be 
conferenced.
  Now Mr. Oberstar is putting his bill that we passed last May for an 
extension, a full extension, on this measure. The sad part about that 
is that's not going to pass right away, so we need the measure, and we 
could have an expiration of our authorization for FAA next week.
  This is absolutely unbelievable, inexcusable.
  Now I said in the Rules Committee, and that's water over the dam, but 
I would rather have taken the Senate bill, made the corrections. I can 
tell you now that when we pass an FAA bill that some provisions are not 
going to be in it. You have heard opposition to the antitrust immunity 
sunset. That has the potential for killing 15,000 American jobs, 15,000 
American jobs at a time when unemployment is at its highest rate in the 
United States in decades.
  The foreign repair station provision that we are adding back in, we 
are adding these things back in today to go back over there to ping-
pong back and forth, and they aren't going to pass. They aren't going 
to pass. The foreign repair station provision, which just happens to 
violate international treaties, would also threaten 130,000 good-paying 
jobs in the United States of America. How sad today that we are playing 
games when people need good-paying jobs and with the potential of 
passing this. Now, people are going to vote for this in a few minutes.
  Mr. Speaker, I would submit for the Record the list of certified 
repair stations in House Aviation Subcommittee members' districts.

[[Page 5116]]



          U.S. BASED EASA CERTIFICATED REPAIR STATIONS IN HOUSE AVIATION SUBCOMMITTEE MEMBER DISTRICTS
----------------------------------------------------------------------------------------------------------------
              Member                       Name                Location                EASA?          Employees
----------------------------------------------------------------------------------------------------------------
Democratic Member:
    Costello.....................  Midcoast Aviation...  Cahokia, IL.........  Yes--#4676..........        1,339
                                                                                                    ------------
                                                                                                           1,339
    Filner.......................  Rohr Inc............  Chula Vista, CA.....  Yes--#4831..........          613
                                                                                                    ------------
                                                                                                             613
    Larsen.......................  Goodrich Interiors    Everett, WA.........  Yes--#4265..........           13
                                    Seattle Service
                                    Center.
                                   Messier Bugatti       Everett, WA.........  Yes--#5403..........           26
                                    Systems Inc.
                                   Precision Engines     Everett, WA.........  Yes--#4781..........           45
                                    LLC.
                                                                                                    ------------
                                                                                                              84
    Carnahan.....................  Ameron Global         St. Louis, MO.......  Yes--#4712..........           10
                                    Product Support.
                                   Essex PB & R          St. Louis, MO.......  Yes--#5184..........            9
                                    Corporation.
                                                                                                    ------------
                                                                                                              19
    Griffith.....................  BASF Catalysts LLC..  Huntsville, AL......  Yes--#5314..........           20
                                   PPG Industries......  Huntsville, AL......  Yes--#4755..........          636
                                                                                                    ------------
                                                                                                             656
    Johnson......................  Associated Air        Dallas, TX..........  Yes--#4173..........          208
                                    Center LP.
                                   Chromalloy Gas        Dallas, TX..........  Yes--#4320..........          200
                                    Turbine LLC.
                                   Dallas Airmotive Inc  Dallas, TX..........  Yes--#4368..........          525
                                   Flite Components LLC  Dallas, TX..........  Yes--#5303..........           19
                                   Gulfstream Aerospace  Dallas, TX..........  Yes--#5384..........          656
                                    Services
                                    Corporation.
                                   Learjet Inc.........  Dallas, TX..........  Yes--#5311..........           80
                                   National Aircraft     Dallas. TX..........  Yes--#5209..........           12
                                    Services Inc.
                                   Pratt and Whitney     Dallas, TX..........  Yes--#6066..........           19
                                    Services Inc.
                                   Premier Air Center    Dallas, TX..........  Yes--#6049..........           16
                                    Inc.
                                                                                                    ------------
                                                                                                           1,735
    Mitchell.....................  Arinc Inc...........  Scottsdale, AZ......  Yes--#5987..........           43
                                   Copper State Turbine  Scottsdale, AZ......  Yes--#6056..........           45
                                    Engine Company.
                                                                                                    ------------
                                                                                                              88
    Cohen........................  Aeroframe Airepairs.  Memphis, TN.........  Yes--#4134..........           76
                                   Aerospace Products    Memphis, TN.........  Yes--#5220..........            9
                                    International.
                                   Avionics Specialists  Memphis, TN.........  Yes--#4220..........           80
                                    Inc.
                                   Floats and Fuel       Memphis, TN.........  Yes--#4448..........           13
                                    Cells Service
                                    Center.
                                   Intersky Precision    Memphis, TN.........  Yes--#4576..........           15
                                    Instrument.
                                   T-Aerospace LLC.....  Memphis, TN.........  Yes--#5628..........           25
                                                                                                    ------------
                                                                                                             218
    Richardson...................  Belt Makers Inc.....  Torrance, CA........  Yes--#6065..........            7
                                   Cupery Corporation..  Torrance, CA........  Yes--#4359..........           10
                                   Honeywell             Torrance, CA........  Yes--#4135..........          111
                                    International.
                                   IPECO...............  Torrance, CA........  Yes--#5366..........           17
                                   MOOG Inc............  Torrance, CA........  Yes--#4684..........          107
                                   Plasma Technology     Torrance, CA........  Yes--#4751..........           45
                                    Inc..
                                   Robinson Helicopter   Torrance, CA........  Yes--#5073..........        1,015
                                    Company.
                                   Shimadzu Precision    Torrance, CA........  Yes--#5693..........            8
                                    Instruments Inc.
                                                                                                    ------------
                                                                                                           1,320
    Brown........................  Flightstar Aircraft   Jacksonville, FL....  Yes--#5370..........          513
                                    Services.
                                   JAS Services Inc....  Jacksonville, FL....  Yes--#5386..........            9
                                   Unison Industries     Jacksonville, FL....  Yes--#4976..........           42
                                    LLC.
                                   Cessna Aircraft       Orlando, FL.........  Yes--#4303..........          156
                                    Company.
                                   Chase Aerospace Inc.  Orlando, FL.........  Yes--#5226..........           17
                                   Hawk Aviation         Orlando, FL.........  Yes--#6015..........            7
                                    Services.
                                   Live TV.............  Orlando, FL.........  Yes--#6030..........          156
                                   Swissport USA Inc...  Orlando, FL.........  Yes--#5642..........           35
                                                                                                    ------------
                                                                                                             935
    Cummings.....................  Avdyne Aeroservices   Baltimore, MD.......  Yes--#6038..........           33
                                    LLC.
                                                                                                    ------------
                                                                                                              33
    Ortiz........................  MC Turbine Inc......  Corpus Christi, TX..  Yes--#5625..........          100
                                                                                                    ------------
                                                                                                             100
                                                                                                    ------------
      Total EASA Active            ....................  ....................  ....................        7,140
       Certificated Jobs in
       Democratic Aviation
       Subcommittee Member
       Districts.
Republican Members:
    Petri........................  Gulfstream Aerospace  Appleton, WI........  Yes--#4607..........          850
                                    Services
                                    Corporation.
                                                                                                    ------------
                                                                                                             850
    Coble........................  Cessna Aircraft       Greensboro, NC......  Yes.................          100
                                    Company.
                                   Genesis Aviation....  Greensboro, NC......  Yes.................           51
                                   GSO Aviation........  Greensboro, NC......  Yes.................            4
                                   Triad International   Greensboro, NC......  Yes.................        1.391
                                    Maintenance
                                    Corporation.
                                                                                                    ------------
                                                                                                           1,546
    Ehlers.......................  Eaton Aerospace LLC.  Grand Rapids, MI....  Yes.................           72
                                   GE Aviation Systems   Grand Rapids, MI....  Yes.................           38
                                    LLC.
                                   L3 Communications     Grand Rapids, MI....  Yes.................          139
                                    Avionics Systems.
                                                                                                    ------------
                                                                                                             249
    Gerlach......................  Innovative Solutions  Exton, PA...........  Yes.................          156
                                    and Support.
                                                                                                    ------------
                                                                                                             156
    Mack.........................  Air Technology        Naples, FL..........  Yes.................           13
                                    Engines, Inc.
                                                                                                    ------------
                                                                                                              13
    Schmidt......................  Cincinnati Thermal    Cincinnati, OH......  Yes.................           88
                                    Spray, Inc.
                                   CTL Aerospace Inc...  Cincinnati, OH......  Yes.................           52
                                   TSS Aviation, Inc...  Cincinnati, OH......  Yes.................          265
                                                                                                    ------------
                                                                                                             405
    Fallin.......................  AAR Services Inc....  Oklahoma City, OK...  Yes.................          788
                                   Dow Aerospace.......  Oklahoma City, OK...  Yes.................           14
                                                                                                    ------------
                                                                                                             802
    Buchanan.....................  Baker Electronics     Sarasota, FL........  Yes.................           45
                                    Inc.
                                   L3 Communications     Sarasota, FL........  Yes.................          196
                                    Corporation.
                                   Radiant Power         Sarasota, FL........  Yes.................           40
                                    Corporation.
                                                                                                    ------------
                                                                                                             281
                                                                                                    ------------

[[Page 5117]]

 
      Total EASA Active            ....................  ....................  ....................        4,302
       Certificated Jobs in
       Republican Aviation
       Subcommittee Member
       Districts.
                                                                                                    ------------
      Total EASA Active            ....................  ....................  ....................      11,442
       Certificated Jobs in ALL
       Aviation Subcommittee
       Member Districts.
----------------------------------------------------------------------------------------------------------------
At least 13 EASA Active Certificated Jobs in 20 of 44 Aviation Subcommittee Member Districts.

  These are just members of the Transportation and Infrastructure 
Committee who will lose jobs. I saw Ms. Richardson speak; she will lose 
about 1,300 jobs in Torrance, California. I heard Mr. Costello speak, 
the chairman of the Aviation Subcommittee; he has the potential for 
losing 1,339 jobs.
  The FedEx provision, which will allow local strikes, everybody knows 
what this is about. The other body has said, no, they will not accept 
it. Our side of the aisle has said, no, we will not accept it. It's not 
going to be in a final bill. Wake up to reality and pass the 
legislation that has been lacking now for 3 years.
  We have not set the policy, the projects, the funding formula at a 
time in when this Nation needs jobs--j-o-b-s, jobs. It's that simple. 
So why are we playing this obscene, kabuki game with the other body?
  The aircraft rescue and fire mandates one-size-fits-all will actually 
close down some of our airports to require and mandate some of the 
provisions that we are going to send back over there--one-size-fits-all 
for little airports. Little airports don't need the same requirement as 
La Guardia, JFK, LAX, MCO. They don't need the same requirements. So 
why would we impose those expensive, unworthy requirements on all of 
our airports across the land that's opposed by the airports.
  So here we are, we are going home. We have to face people who have 
lost their jobs, people who have lost their homes, people who come to 
you with tears in their eyes because they can't provide for their 
families.
  And what are we going to tell them? We are going to tell them with a 
straight face, folks, we played this little game with 11 percent of our 
economy, and we have no policy. We haven't approved the projects, now, 
for some 3 years. We could blame it on Bush, we could blame it on 
whoever. But the fact is, we are responsible. We had the ability to do 
this now rather than later, and we didn't do it. So we should be 
embarrassed.
  Now, I know Mr. Oberstar has done as much as he can do. But at some 
point you have to face reality and see some of these provisions are not 
going to be in any final reauthorization. So I am not a happy camper. I 
am going to oppose this. If it came down to one vote, and it required 
my vote to go forward, it won't happen. But if it did, I would vote to 
pass it even though I am in opposition right now, because I have to 
move the process forward, and that's my responsibility. But many will 
vote against it because they opposed it before, and here we are again 
doing the same thing.
  This is like Groundhog Day. We are repeating it over and over all to 
the detriment of the American people. Folks, the American people don't 
want a Groundhog Day. They want us to get the job done, and they want 
jobs out there.
  Mr. OBERSTAR. I yield such time as he may consume to the chairman of 
the subcommittee, Mr. Costello.
  Mr. COSTELLO. I thank the gentleman for yielding.
  Mr. Speaker, let me thank Chairman Oberstar for not only all of his 
hard work--I think everyone in this body recognizes that no one knows 
more about aviation and transportation issues, not only in the 
Congress, but I would venture to say in this country, than the chairman 
of our full committee, Mr. Oberstar.
  Both of these bills, both the reauthorization bill and the pilot 
safety bill, are very good bills. Both have gone through extensive 
hearings. As I said, we had over 20 safety hearings on the 
reauthorization bill. We had many roundtable discussions. We had the 
input of everyone that you can think of in the industry. We heard from 
all sides. No one was shut out of the process.
  The airlines, the airports, the pilots, the flight attendants, the 
mechanics, the family members of those who perished in the Colgan 
tragedy, we heard from all of them. We had Captain Sullenberger in to 
talk to us about the pilot safety bill to seek his opinion about what 
needed to be done as far as increasing standards and improving safety.
  So both of these bills, both the reauthorization bill and the pilot 
safety bill, they also--not only did we go through extensive hearings 
but they passed the committee overwhelmingly and passed this body 
overwhelmingly. There are no surprises in either one of those bills, in 
the FAA reauthorization bill or in the pilot training bill. All of the 
issues, all of the provisions that are in both of these bills have gone 
through extensive hearings and through extensive discussions. There 
were no surprises.
  My friend from Florida makes reference to the bill that he passed as 
chairman of the Aviation Subcommittee in 2003, and I think it's worth 
noting that we, as chairman of the Aviation Subcommittee and Mr. 
Oberstar as chairman of the full committee, we started negotiations on 
the reauthorization bill back in 2007, in the spring of 2007. We met 
with our friends on the other side of the aisle. We talked about the 
reauthorization bill, what needed to be in it, and it was the Bush 
administration.
  My friend from Florida knows because he told me over and over again 
that if we passed the bill that we were putting together, that the Bush 
administration would veto the bill. In addition to that, it was the 
Bush administration administrator of the FAA at the time, Ms. Blakey, 
who was the administrator of the FAA, who, in fact, we had a difficult 
time negotiating with her concerning some provisions in the bill, in 
particular, the contract problems with the air traffic controllers.
  And then after she left the position and an acting administrator, Mr. 
Sturgell, was appointed, he, in fact, dragged negotiations out. And 
finally, when we got to the point where we thought we had an agreement, 
there was only one pending problem with the agreement, and the FAA 
demanded some concessions on the part of the air traffic controllers. 
And the air traffic controllers came into a meeting with all of us and 
said, if that's what it takes to get a contract and get this dispute 
settled, we will give it up. We will make these concessions.
  And Mr. Sturgell, in that room, said, well, there are other issues. 
We thought we had an agreement but for one item. And when the air 
traffic controllers said we will make those concessions, we are all in 
to get this solved, it was the Bush administration that said, we have 
more problems and other issues that we have to discuss.

                              {time}  1615

  So let me just say that I am not here to point fingers. But when my 
friend from Florida says that the Democrats control the House and the 
Senate and the White House, the fact of the matter is what I just said: 
we were ready to go with the bill in the spring and summer of 2007, and 
the reason that it was held up is because we continued to try and 
negotiate and try and get the Bush administration and the FAA under the 
Bush administration to reach agreements with us and, unfortunately, it 
did not happen. We came to the floor, and we passed the bill in 2007 
with very strong support.
  Again, I would just remind Members, there are no surprises in this 
bill

[[Page 5118]]

today. Every provision in the FAA reauthorization bill, every provision 
in the pilot safety and training bill, all of those provisions were 
aired out with everyone in the industry and, in fact, were discussed by 
the leadership of the committee and the members of the committee when 
these bills were marked up in committee. We had extensive discussions. 
There are no surprises. Nothing has been added to either one of these 
bills that we have before us today.
  Let me conclude, Mr. Speaker, by saying, Mr. Mica says this is a job 
killer and in fact has read off from a list of how many jobs that each 
Member could potentially lose in their district. Let me tell you what 
the FAA says.
  The FAA says that this is not a job killer, but it will create jobs. 
And what they say is, in the short term, the bill will immediately 
create good construction and technology jobs, giving local economies 
the jump-start they need. So the economics will improve, the economy 
will improve. According to the FAA, the bill will allow billions to be 
spent on upgrading and expanding airports throughout the country. It is 
expected to create 125,000 jobs annually.
  That comes from the FAA. This is not a job killer. This is a job 
creator. It is investing in our infrastructure at our airports, it will 
reduce congestion, it will reduce delays. It has a consumer protection 
provision in these bills to protect passengers.
  Let me just conclude by saying that I would hope my friend from 
Florida and my friends on the other side of the aisle would in fact 
vote in favor of this legislation. And whatever differences that we may 
have in the provisions that they may not like, that's why we have a 
conference, that's why we go to conference, to work out our 
differences.
  So I would urge my colleagues to vote ``yes'' on this legislation.
  Mr. PETRI. Mr. Speaker, I would just observe that we are talking past 
each other a little bit. I think the bill overall, I certainly would 
not dispute the estimate of the Department of Transportation or the FAA 
that increasing the funding available for construction of new airports 
and for operating the system and for putting in the NextGen and so on 
will create jobs within the airline system.
  But I think the ranking member, Mr. Mica, was speaking about some 
other provisions of the bill and the impact it might have under certain 
interpretations, on, for example, repair stations or on airline jobs in 
this country. So there would be gains in one area, but there are 
potential losses in another area. That was the concern.
  Mr. MICA. Will the gentleman yield?
  Mr. PETRI. I yield to the gentleman.
  Mr. MICA. To that point, I did say I would be willing to cast, if it 
came to one vote, a vote to move this process forward, because I have 
always tried to work in a bipartisan manner, and I appreciate the 
manner in which, Mr. Speaker, both Mr. Costello and Mr. Oberstar work 
on this.
  One of the things that does concern me--and it's my understanding, 
Mr. Speaker, that this came over on a Ways and Means measure. We are 
sending it back. We won't necessarily get a chance to even conference 
this in the normal manner. So I am concerned about also the process.
  I am concerned, too, that we aren't passing a final bill today. This 
has many good provisions in it. There are some differences that need to 
be resolved.
  In fact, what really irritates me, too, is the safety provision. The 
safety bill that is added on by the other body, we agreed in a 
bipartisan manner, and it is sinful that that is not enacted on the 
President's desk almost immediately. That's in this measure and I 
support that strongly, and we worked together to get that on there. But 
we do have differences and we do have to face reality, and we need to 
get the job done.
  Mr. PETRI. I yield back the balance of my time.
  Mr. OBERSTAR. Mr. Speaker, how much time remains on our side?
  The SPEAKER pro tempore. The gentleman has 9\1/2\ minutes remaining.
  Mr. OBERSTAR. I yield myself such time as I may consume.
  First, I have made it clear from the outset that the process in which 
we find ourselves on the House floor is due to the means by which the 
Senate brought their bill through the Senate and sent it over to us, 
and one aspect of that is that the aviation bill reported by the Senate 
includes a tax provision, which the Senate cannot initiate. Under the 
Constitution, it must be initiated by the House.
  So in order to keep faith with the Constitution, the Senate amended 
an already-passed House tax bill to which they added their aviation 
bill. The tax provision has now been vacated, and we send back to the 
Senate an aviation bill on which there will be a conference.
  We have insisted on it. Our leadership has concurred and said there 
will be a conference; they agreed with the Senate leadership, and there 
will be a conference. And these issues that have been discussed of the 
provisions of the House bill have twice passed the House already, will 
be matters to be discussed with our colleagues in the Senate in the 
conference in an open conference session, period. It is a complex 
process to get us there, but it is a process by which we will get to 
conference with the Senate.
  Now, never did I say in my remarks that the inability to pass this 
bill in 2007 was the fault of President Bush. I did not say that. I 
said, and I read from the Statement of Administration Policy, that if 
our 2007 bill, H.R. 2881, were presented to the President, his senior 
advisers would recommend that he veto the bill. That is quite plain on 
its face a statement recited from the administration's Statement of 
Administration Policy.
  We moved, as Mr. Costello already explained and laid out the time 
line, very promptly in our committee, preceded by consultations with 
our Republican colleagues. We had discussions in February, March, and 
April, into May. We had a markup in committee in May. And then we 
withheld going to the floor in an attempt to reach an agreement with 
the FAA, the Bush administration, and the air traffic controllers.
  And I must compliment the gentleman from Florida (Mr. Mica), the 
ranking member, for his participation, his ready willingness to engage 
personally, not just send minions, but to engage personally in that 
process. He participated in numerous meetings with Mr. Costello and me, 
Secretary Peters, Marion Blakey, administrator of FAA, and a person 
from the Office of Management and Budget to speak authoritatively for 
the administration on the budget and expenditure issues. We talked 
extensively in June and in July. We had several meetings through July 
and the first week of August.
  We came back the first week of September after the August recess, and 
again, Mr. Mica in the room, we had discussions. I give him great 
credit for engaging himself personally. We could not reach the--not 
``we''--the air traffic controllers and the administration could not 
reach agreement. At that point we said we do have a responsibility to 
move this bill, and on September 20 it passed the House 267-151.
  There was no comparable bill in the Senate. The Senate was wrestling 
with the administration's proposals for taxes that Senators objected 
to, financing agreements that the Senate objected to that they found 
that they could not reach agreement internally nor could they reach 
agreement with the administration. Therefore, we had to pass finally an 
extension of current law, the bill that Mr. Mica authored as Chair of 
the Aviation Subcommittee in 2003 and which we all supported.
  Since then, we have had a Presidential election, the administration 
moved in, and we moved promptly on our bill. We did all the right 
things to reach agreement, starting from our point in 2007 and 2008. 
Meanwhile, the administration addressed the issue of the air traffic 
controller contract. Secretary LaHood made it his first responsibility: 
bring the controllers in, bring the FAA, bring the Office of Management 
and Budget into discussions. Find what the points of agreement were, 
points of disagreement, and resolve the matter, as it should be done.

[[Page 5119]]

  With good will and willingness on both sides, some 600 items were 
resolved, including the very crucial ones of pay and pay grades and pay 
scales, and a starting point of next negotiation for the follow-on 
contract. It was a remarkable achievement, and the end result was that 
94 percent of controllers voted in favor of it.
  I am very mystified by the comment that I heard about the aircraft 
rescue and firefighting standards. Section 311 requires the FAA to 
begin a rulemaking to update aircraft rescue and firefighting standards 
and bring them into compliance with existing national voluntary 
consensus standards for response time, deployment, staffing, hazardous 
materials training only if such standards are found to be practical.
  That is not a one-size-fits-all. That is not a straitjacket. That is 
not imposing something arbitrarily. That is a process by which these 
issues can be resolved. It is a rational response. It was agreed upon 
in our committee. FAA, airport authorities, International Association 
of Firefighters participated in developing the standards and support 
them. The rulemaking will provide a process by which all those who have 
an interest in air crash fire and rescue will have the opportunity to 
have a say in and shape the final standards.
  We are not doing it by law. We are not saying this is the standard. 
We are not shoving something down somebody's throat. We are creating a 
process by which that standard can be established.
  I know a good deal about air crash rescue and firefighting because we 
have a facility in Duluth, not at the airport, but operated by the 
community college, Lake Superior College. It's no longer a community 
college, it's a full-fledged university-level operation, and they train 
firefighters. They were training over 2,000 a year from all over the 
United States, from 14 foreign countries that came to this facility. 
They know a good deal about standards and about equipment and training 
of personnel.

                              {time}  1630

  They have, in fact, the hull of a DC-10 that is used as training. 
They put it on fire a couple of times a week. They train people in how 
to deal with fire and to rescue people from burning aircraft. And so 
what we've created in this legislation is a process by which standards 
will be set for the whole country to save lives.
  The pure speculation and the scare tactics that the airlines have 
engaged in--they've sent talking points to people around the country 
and to various airport authorities and had them send this false 
information on. That's pure scare tactics. I already used time to 
explain this with the gentleman from Texas.
  This bill needs to pass.
  Mr. POMEROY. Mr. Speaker, I rise today to express concern with 
certain provisions of H.R. 1586, the FAA Air Transportation 
Modernization and Safety Improvement Act of 2010.
  I am pleased that the Senate has taken action on the Federal Aviation 
Administration, FAA, reauthorization bill, and that we are a step 
closer to enacting meaningful legislation that will advance airline 
safety and improve pilot training. While I strongly support the goals 
of the bill, I continue to have concerns about the pilot training 
provision in H.R. 1586, the FAA Air Transportation Modernization and 
Safety Improvement Act of 2010.
  The pilot training provision requires an airline pilot to hold an 
Airline Transport Pilot, ATP, certificate, which necessitates a minimum 
of 1,500 flight hours. The new focus on total flight hours rather than 
the quality of those hours will not provide the increased safety and 
pilot quality that is the goal of this legislation. It could in 
practice have the opposite effect, by driving students to undertake low 
value flying at the expense of high quality directed flight training.
  By dramatically increasing the costs of training we will drive our 
most qualified potential pilots out of accredited flight schools such 
as the John D. Odegard School of Aerospace Sciences at the University 
of North Dakota that have produced exceptional pilots for decades. 
Graduates of these programs receive high quality flight instruction 
that is much more valuable than a pilot who might just be racking up 
straight and level flight time that has no increased educational or 
safety benefits.
  I am concerned that these increased costs could encourage pilots to 
seek less costly training alternatives and potentially be counter to 
the bill's intended goal of increasing safety. I believe that as this 
legislation moves forward some consideration must be given to 
Collegiate Aviation Programs that have been accredited by the Aviation 
Accreditation Board International, AABI. This will help to increase the 
focus of these requirements on quality of training rather than quantity 
of flight hours.
  While I will be voting in favor of this legislation in order to move 
forward the important process of increasing the safety of commercial 
aviation, I do so with reservations. Before this legislation becomes 
law I believe that it is important that the bill be modified to 
recognize the tremendous benefits that our nation's accredited flight 
schools provide.
  Mr. RAHALL. Mr. Speaker, as we all know, aviation is a critical 
component of our Nation's transportation system. Aviation not only 
supports the quick and efficient delivery of goods and services it is 
essential to the health and success of our Nation's commerce.
  While moving goods and people is a major aspect of aviation, we must 
not overlook the role aviation and our airports play in the well-being 
of our small communities. In many cases, they act as the economic 
engine that powers our local economies.
  Essential Air Services has assisted our small communities in kick 
starting the promise of economic development. In fact, businesses often 
cite proximity to air service as one of their top requirements in 
choosing a location.
  Throughout my career I have taken steps to not only ensure increased 
EAS funding, but to ensure on-time regularly scheduled air service is a 
priority for small communities, as well as large communities.
  My March 8, 2010, letter to the U.S. Government Accountability 
Office, with signed support from Chairman Oberstar and Subcommittee 
Chairman Costello, requests an investigation into delays and 
cancellations in small communities. This request initiates the process 
of narrowing down what changes we can make to increase air service 
reliability at our rural airports. The FAA Air Transportation 
Modernization and Safety Improvement Act renews our commitment to the 
Essential Air Service program.
  As the Representative elected nearly 34 years ago by the great people 
of southern West Virginia, I know just how crucial EAS is to the 
survival of many rural airports.
  The last FAA reauthorization bill made the Small Community Air 
Service Development, SCASD, Program a permanent program and increased 
authorized EAS funding to ensure the continuation of air service for 
rural businesses and residents that otherwise would find local air 
service too expensive.
  This bill today improves our commitment to rural communities, brings 
stability to rural air service and encourages small communities to 
build relationships with air carriers that serve them. As importantly, 
this bill increases the authorized funding level for Essential Air 
Service, EAS, from $127 million to $200 million per year through FY 
2012 and extends the Small Community Air Services Development, SCASD, 
program through FY 2012 at the current authorized funding level of $35 
million per year.
  Airports have a vital role in our communities serving as both direct 
and indirect employers of our citizens--from the aircraft mechanics and 
airport managers who support the safety and on-time performance of 
flights, to the cooks and custodians who provide comfort and 
convenience for weary travelers.
  Airports attract business development to communities and ensure local 
businesses remain robust and have opportunity for growth. For these 
reasons and more, businesses are drawn to those communities that can 
boast of a strong local airport.
  To stay competitive in an ever-changing global marketplace, airports 
are constantly faced with pressures to modernize their operations. 
Often, local communities take it upon themselves to come up with the 
necessary funds and make improvements themselves. That is a crucial, 
and often difficult, goal.
  Essential Air Service funding can make the difference between a 
community having access to aviation or not. The program has kept many 
airports operational and, in many cases, made lasting improvements to 
the services offered.
  We must take it upon ourselves to do more to ensure that local 
airports, like the ones in my State of West Virginia, can continue to 
operate and provide much needed air service and jobs.
  In closing, I just want to reiterate my strong belief that the EAS 
program provides rural areas with a vital link to our national air 
transportation system and promotes business development in our local 
communities.
  Mr. VAN HOLLEN. Mr. Speaker, I rise to support the FAA Air 
Transportation Modernization and Safety Act. This important legislation

[[Page 5120]]

will modernize our air traffic control systems, improve safety, and 
protect passenger rights.
  This bill will provide historic funding levels to improve airports, 
streamline operations, and update our air traffic control system to 
make it safer and more efficient. It strengthens air carrier oversight 
and revises training requirements to ensure that all the pilots in the 
cockpit have the most advanced certification. Finally, it provides 
vital consumer protections to make sure that when there are long delays 
on the tarmac, passengers have the option to leave the plane.
  I hope my colleagues will join me to support this bill and that we 
move quickly to reconcile differences with the Senate and enact this 
much-needed legislation.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to clause 1(c) of rule XIX, further consideration of the 
motion will be postponed.

                          ____________________