[House Report 111-119]
[From the U.S. Government Publishing Office]


111th Congress                                            Rept. 111-119
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================
 
                    FAA REAUTHORIZATION ACT OF 2009

                                _______
                                

                  May 19, 2009.--Ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 915]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 915) to amend title 49, United 
States Code, to authorize appropriations for the Federal 
Aviation Administration for fiscal years 2009 through 2012, to 
improve aviation safety and capacity, to provide stable funding 
for the national aviation system, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

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

                 Subtitle B--Passenger Facility Charges

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

                   Subtitle C--Fees for FAA Services

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

                     Subtitle D--AIP Modifications

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

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

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

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

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

                 Subtitle B--Unmanned Aircraft Systems

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

                   Subtitle C--Safety and Protections

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

                   TITLE IV--AIR SERVICE IMPROVEMENTS

Sec. 401. Monthly air carrier reports.
Sec. 402. Flight operations at Reagan National Airport.
Sec. 403. EAS contract guidelines.
Sec. 404. Essential air service reform.
Sec. 405. Small community air service.
Sec. 406. Air passenger service improvements.
Sec. 407. Contents of competition plans.
Sec. 408. Extension of competitive access reports.
Sec. 409. Contract tower program.
Sec. 410. Airfares for members of the Armed Forces.
Sec. 411. Repeal of essential air service local participation program.
Sec. 412. Adjustment to subsidy cap to reflect increased fuel costs.
Sec. 413. Notice to communities prior to termination of eligibility for 
subsidized essential air service.
Sec. 414. Restoration of eligibility to a place determined by the 
Secretary to be ineligible for subsidized essential air service.
Sec. 415. Office of Rural Aviation.
Sec. 416. Adjustments to compensation for significantly increased 
costs.
Sec. 417. Review of air carrier flight delays, cancellations, and 
associated causes.
Sec. 418. European Union rules for passenger rights.
Sec. 419. Establishment of advisory committee for aviation consumer 
protection.
Sec. 420. Denied boarding compensation.
Sec. 421. Compensation for delayed baggage.
Sec. 422. Schedule reduction.
Sec. 423. Expansion of DOT airline consumer complaint investigations.
Sec. 424. Prohibitions against voice communications using mobile 
communications devices on scheduled flights.
Sec. 425. Antitrust exemptions.

          TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

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

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

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

                     TITLE VII--AVIATION INSURANCE

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

                       TITLE VIII--MISCELLANEOUS

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

          TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

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

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

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

SEC. 3. EFFECTIVE DATE.

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

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

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

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

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

  (a) Authorization of Appropriations.--Section 48101(a) is amended by 
striking paragraphs (1) through (5) and inserting the following:
          ``(1) $3,246,000,000 for fiscal year 2009.
          ``(2) $3,259,000,000 for fiscal year 2010.
          ``(3) $3,353,000,000 for fiscal year 2011.
          ``(4) $3,506,000,000 for fiscal year 2012.''.
  (b) Use of Funds.--Section 48101 is amended by striking subsections 
(c) through (i) and inserting the following:
  ``(c) Wake Vortex Mitigation.--Of amounts appropriated under 
subsection (a), such sums as may be necessary for each of fiscal years 
2009 through 2012 may be used for the development and analysis of wake 
vortex mitigation, including advisory systems.
  ``(d) Weather Hazards.--
          ``(1) In general.--Of amounts appropriated under subsection 
        (a), such sums as may be necessary for each of fiscal years 
        2009 through 2012 may be used for the development of in-flight 
        and ground-based weather threat mitigation systems, including 
        ground de-icing and anti-icing systems and other systems for 
        predicting, detecting, and mitigating the effects of certain 
        weather conditions on both airframes and engines.
          ``(2) Specific hazards.--Weather conditions referred to in 
        paragraph (1) include--
                  ``(A) ground-based icing threats such as ice pellets 
                and freezing drizzle;
                  ``(B) oceanic weather, including convective weather, 
                and other hazards associated with oceanic operations 
                (where commercial traffic is high and only rudimentary 
                satellite sensing is available) to reduce the hazards 
                presented to commercial aviation, including convective 
                weather ice crystal ingestion threats; and
                  ``(C) en route turbulence prediction.
  ``(e) Safety Management Systems.--Of amounts appropriated under 
subsection (a) and section 106(k)(1), such sums as may be necessary for 
each of fiscal years 2009 through 2012 may be used to advance the 
development and implementation of safety management systems.
  ``(f) Runway Incursion Reduction Programs.--Of amounts appropriated 
under subsection (a), $10,000,000 for fiscal year 2009, $12,000,000 for 
fiscal year 2010, $12,000,000 for fiscal year 2011, and $12,000,000 for 
fiscal year 2012 may be used for the development and implementation of 
runway incursion reduction programs.
  ``(g) Runway Status Lights.--Of amounts appropriated under subsection 
(a), $50,000,000 for fiscal year 2009, $125,000,000 for fiscal year 
2010, $100,000,000 for 2011, and $50,000,000 for fiscal year 2012 may 
be used for the acquisition and installation of runway status lights.
  ``(h) NextGen Systems Development Programs.--Of amounts appropriated 
under subsection (a), $41,400,000 for fiscal year 2009, $102,900,000 
for fiscal year 2010, $104,000,000 for fiscal year 2011, and 
$105,300,000 for fiscal year 2012 may be used for systems development 
activities associated with NextGen.
  ``(i) NextGen Demonstration Programs.--Of amounts appropriated under 
subsection (a), $28,000,000 for fiscal year 2009, $30,000,000 for 
fiscal year 2010, $30,000,000 for fiscal year 2011, and $30,000,000 for 
fiscal year 2012 may be used for demonstration activities associated 
with NextGen.
  ``(j) Center for Advanced Aviation System Development.--Of amounts 
appropriated under subsection (a), $76,000,000 for fiscal year 2009, 
$79,000,000 for fiscal year 2010, $79,000,000 for fiscal year 2011, and 
$80,800,000 for fiscal year 2012 may be used for the Center for 
Advanced Aviation System Development.
  ``(k) Additional Programs.--Of amounts appropriated under subsection 
(a), $21,900,000 for fiscal year 2009, $22,500,000 for fiscal year 
2010, $22,500,000 for fiscal year 2011, and $22,500,000 for fiscal year 
2012 may be used for--
          ``(1) system capacity, planning, and improvement;
          ``(2) operations concept validation;
          ``(3) NAS weather requirements; and
          ``(4) Airspace Management Lab.''.

SEC. 103. FAA OPERATIONS.

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

SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT.

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

SEC. 105. FUNDING FOR AVIATION PROGRAMS.

  (a) Airport and Airway Trust Fund Guarantee.--Section 48114(a)(1)(A) 
is amended to read as follows:
                  ``(A) In general.--The total budget resources made 
                available from the Airport and Airway Trust Fund each 
                fiscal year through fiscal year 2012 pursuant to 
                sections 48101, 48102, 48103, and 106(k) shall--
                          ``(i) in each of fiscal years 2009 and 2010, 
                        be equal to 90 percent of the estimated level 
                        of receipts plus interest credited to the 
                        Airport and Airway Trust Fund for that fiscal 
                        year; and
                          ``(ii) in each of fiscal years 2011 and 2012, 
                        be equal to the sum of--
                                  ``(I) 90 percent of the estimated 
                                level of receipts plus interest 
                                credited to the Airport and Airway 
                                Trust Fund for that fiscal year; and
                                  ``(II) the actual level of receipts 
                                plus interest credited to the Airport 
                                and Airway Trust Fund for the second 
                                preceding fiscal year minus the total 
                                amount made available for obligation 
                                from the Airport and Airway Trust Fund 
                                for the second preceding fiscal year.
                Such amounts may be used only for aviation investment 
                programs listed in subsection (b).''.
  (b) Additional Authorizations of Appropriations From the General 
Fund.--Section 48114(a)(2) is amended by striking ``2007'' and 
inserting ``2012''.
  (c) Estimated Level of Receipts Plus Interest Defined.--Section 
48114(b)(2) is amended--
          (1) in the paragraph heading by striking ``Level'' and 
        inserting ``Estimated level''; and
          (2) by striking ``level of receipts plus interest'' and 
        inserting ``estimated level of receipts plus interest''.
  (d) Enforcement of Guarantees.--Section 48114(c)(2) is amended by 
striking ``2007'' and inserting ``2012''.

                 Subtitle B--Passenger Facility Charges

SEC. 111. PFC AUTHORITY.

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

SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE.

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

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

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

SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT PROGRAM.

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

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

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

                   Subtitle C--Fees for FAA Services

SEC. 121. UPDATE ON OVERFLIGHTS.

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

SEC. 122. REGISTRATION FEES.

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

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

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

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

                     Subtitle D--AIP Modifications

SEC. 131. AMENDMENTS TO AIP DEFINITIONS.

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

SEC. 132. SOLID WASTE RECYCLING PLANS.

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

SEC. 133. AMENDMENTS TO GRANT ASSURANCES.

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

SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS.

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

SEC. 135. AMENDMENTS TO ALLOWABLE COSTS.

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

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

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

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

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

SEC. 138. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.

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

SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND.

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

SEC. 140. REDUCING APPORTIONMENTS.

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

SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND.

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

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

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

SEC. 143. USE OF APPORTIONED AMOUNTS.

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

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

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

SEC. 145. AIRPORT PRIVATIZATION PILOT PROGRAM.

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

SEC. 146. AIRPORT SECURITY PROGRAM.

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

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

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

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

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

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

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

SEC. 150. MIDWAY ISLAND AIRPORT.

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

SEC. 151. PUERTO RICO MINIMUM GUARANTEE.

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

SEC. 152. MISCELLANEOUS AMENDMENTS.

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

SEC. 153. AIRPORT MASTER PLANS.

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

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

SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS.

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

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

  (a) Establishment.--
          (1) Associate administrator for the next generation air 
        transportation system.--Section 709(a) of Vision 100--Century 
        of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 
        Stat. 2582) is amended--
                  (A) by redesignating paragraphs (2), (3), and (4) as 
                paragraphs (3), (4), and (5), respectively; and
                  (B) by inserting after paragraph (1) the following:
  ``(2) The director of the Office shall be the Associate Administrator 
for the Next Generation Air Transportation System, who shall be 
appointed by the Administrator of the Federal Aviation Administration. 
The Associate Administrator shall report to the Administrator.''.
          (2) Responsibilities.--Section 709(a)(3) of such Act (as 
        redesignated by paragraph (1) of this subsection) is amended--
                  (A) in subparagraph (G) by striking ``; and'' and 
                inserting a semicolon;
                  (B) in subparagraph (H) by striking the period at the 
                end and inserting a semicolon; and
                  (C) by adding at the end the following:
                  ``(I) establishing specific quantitative goals for 
                the safety, capacity, efficiency, performance, and 
                environmental impacts of each phase of Next Generation 
                Air Transportation System implementation activities and 
                measuring actual operational experience against those 
                goals, taking into account noise pollution reduction 
                concerns of affected communities to the greatest extent 
                practicable in establishing the environmental goals;
                  ``(J) working to ensure global interoperability of 
                the Next Generation Air Transportation System;
                  ``(K) working to ensure the use of weather 
                information and space weather information in the Next 
                Generation Air Transportation System as soon as 
                possible;
                  ``(L) overseeing, with the Administrator of the 
                Federal Aviation Administration, the selection of 
                products or outcomes of research and development 
                activities that would be moved to the next stage of a 
                demonstration project; and
                  ``(M) maintaining a baseline modeling and simulation 
                environment for testing and evaluating alternative 
                concepts to satisfy Next Generation Air Transportation 
                enterprise architecture requirements.''.
          (3) Cooperation with other federal agencies.--Section 
        709(a)(4) of such Act (as redesignated by paragraph (1) of this 
        subsection) is amended--
                  (A) by striking ``(4)'' and inserting ``(4)(A)''; and
                  (B) by adding at the end the following:
  ``(B) The Secretary of Defense, the Administrator of the National 
Aeronautics and Space Administration, the Secretary of Commerce, the 
Secretary of Homeland Security, and the head of any other Federal 
agency from which the Secretary of Transportation requests assistance 
under subparagraph (A) shall designate a senior official in the agency 
to be responsible for--
          ``(i) carrying out the activities of the agency relating to 
        the Next Generation Air Transportation System in coordination 
        with the Office, including the execution of all aspects of the 
        work of the agency in developing and implementing the 
        integrated work plan described in subsection (b)(5);
          ``(ii) serving as a liaison for the agency in activities of 
        the agency relating to the Next Generation Air Transportation 
        System and coordinating with other Federal agencies involved in 
        activities relating to the System; and
          ``(iii) ensuring that the agency meets its obligations as set 
        forth in any memorandum of understanding executed by or on 
        behalf of the agency relating to the Next Generation Air 
        Transportation System.
  ``(C) The head of a Federal agency referred to in subparagraph (B) 
shall ensure that--
          ``(i) the responsibilities of the agency relating to the Next 
        Generation Air Transportation System are clearly communicated 
        to the senior official of the agency designated under 
        subparagraph (B); and
          ``(ii) the performance of the senior official in carrying out 
        the responsibilities of the agency relating to the Next 
        Generation Air Transportation System is reflected in the 
        official's annual performance evaluations and compensation.
  ``(D) The head of a Federal agency referred to in subparagraph (B) 
shall--
          ``(i) establish or designate an office within the agency to 
        carry out its responsibilities under the memorandum of 
        understanding under the supervision of the designated official; 
        and
          ``(ii) ensure that the designated official has sufficient 
        budgetary authority and staff resources to carry out the 
        agency's Next Generation Air Transportation System 
        responsibilities as set forth in the integrated plan under 
        subsection (b).
  ``(E) Not later than 6 months after the date of enactment of this 
subparagraph, the head of each Federal agency that has responsibility 
for carrying out any activity under the integrated plan under 
subsection (b) shall execute a memorandum of understanding with the 
Office obligating that agency to carry out the activity.''.
          (4) Coordination with omb.--Section 709(a) of such Act (117 
        Stat. 2582) is further amended by adding at the end the 
        following:
  ``(6)(A) The Office shall work with the Director of the Office of 
Management and Budget to develop a process whereby the Director will 
identify projects related to the Next Generation Air Transportation 
System across the agencies referred to in paragraph (4)(A) and consider 
the Next Generation Air Transportation System as a unified, cross-
agency program.
  ``(B) The Director, to the maximum extent practicable, shall--
          ``(i) ensure that--
                  ``(I) each Federal agency covered by the plan has 
                sufficient funds requested in the President's budget, 
                as submitted under section 1105(a) of title 31, United 
                States Code, for each fiscal year covered by the plan 
                to carry out its responsibilities under the plan; and
                  ``(II) the development and implementation of the Next 
                Generation Air Transportation System remains on 
                schedule;
          ``(ii) include, in the President's budget, a statement of the 
        portion of the estimated budget of each Federal agency covered 
        by the plan that relates to the activities of the agency under 
        the Next Generation Air Transportation System initiative; and
          ``(iii) identify and justify as part of the President's 
        budget submission any inconsistencies between the plan and 
        amounts requested in the budget.
  ``(7) The Associate Administrator of the Next Generation Air 
Transportation System shall be a voting member of the Joint Resources 
Council of the Federal Aviation Administration.''.
  (b) Integrated Plan.--Section 709(b) of such Act (117 Stat. 2583) is 
amended--
          (1) in the matter preceding paragraph (1)--
                  (A) by striking ``meets air'' and inserting ``meets 
                anticipated future air''; and
                  (B) by striking ``beyond those currently included in 
                the Federal Aviation Administration's operational 
                evolution plan'';
          (2) by striking ``and'' at the end of paragraph (3);
          (3) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
          (4) by adding at the end the following:
          ``(5) a multiagency integrated work plan for the Next 
        Generation Air Transportation System that includes--
                  ``(A) an outline of the activities required to 
                achieve the end-state architecture, as expressed in the 
                concept of operations and enterprise architecture 
                documents, that identifies each Federal agency or other 
                entity responsible for each activity in the outline;
                  ``(B) details on a year-by-year basis of specific 
                accomplishments, activities, research requirements, 
                rulemakings, policy decisions, and other milestones of 
                progress for each Federal agency or entity conducting 
                activities relating to the Next Generation Air 
                Transportation System;
                  ``(C) for each element of the Next Generation Air 
                Transportation System, an outline, on a year-by-year 
                basis, of what is to be accomplished in that year 
                toward meeting the Next Generation Air Transportation 
                System's end-state architecture, as expressed in the 
                concept of operations and enterprise architecture 
                documents, as well as identifying each Federal agency 
                or other entity that will be responsible for each 
                component of any research, development, or 
                implementation program;
                  ``(D) an estimate of all necessary expenditures on a 
                year-by-year basis, including a statement of each 
                Federal agency or entity's responsibility for costs and 
                available resources, for each stage of development from 
                the basic research stage through the demonstration and 
                implementation phase;
                  ``(E) a clear explanation of how each step in the 
                development of the Next Generation Air Transportation 
                System will lead to the following step and of the 
                implications of not successfully completing a step in 
                the time period described in the integrated work plan;
                  ``(F) a transition plan for the implementation of the 
                Next Generation Air Transportation System that includes 
                date-specific milestones for the implementation of new 
                capabilities into the national airspace system;
                  ``(G) date-specific timetables for meeting the 
                environmental goals identified in subsection (a)(3)(I); 
                and
                  ``(H) a description of potentially significant 
                operational or workforce changes resulting from 
                deployment of the Next Generation Air Transportation 
                System.''.
  (c) NextGen Implementation Plan.--Section 709(d) of such Act (117 
Stat. 2584) is amended to read as follows:
  ``(d) NextGen Implementation Plan.--The Administrator of the Federal 
Aviation Administration shall develop and publish annually the document 
known as the `NextGen Implementation Plan', or any successor document, 
that provides a detailed description of how the agency is implementing 
the Next Generation Air Transportation System.''.
  (d) Authorization of Appropriations.--Section 709(e) of such Act (117 
Stat. 2584) is amended by striking ``2010'' and inserting ``2012''.
  (e) Contingency Planning.--The Associate Administrator for the Next 
Generation Air Transportation System shall, as part of the design of 
the System, develop contingency plans for dealing with the degradation 
of the System in the event of a natural disaster, major equipment 
failure, or act of terrorism.

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

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

SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.

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

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

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

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

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

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

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

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

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

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

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

SEC. 210. NEXTGEN TECHNOLOGY TESTBED.

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

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

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

SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY.

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

SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

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

SEC. 214. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

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

SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

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

SEC. 216. FRONT LINE MANAGER STAFFING.

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

SEC. 217. FLIGHT SERVICE STATIONS.

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

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

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

SEC. 219. AIRSPACE REDESIGN.

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

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

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

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

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

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

SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS.

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

``Sec. 44730. Inspection of foreign repair stations

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

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

SEC. 304. RUNWAY SAFETY.

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

SEC. 305. IMPROVED PILOT LICENSES.

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

SEC. 306. FLIGHT CREW FATIGUE.

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

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

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

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

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

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

SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS AREAS.

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

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

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

SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS.

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

SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STANDARDS.

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

                 Subtitle B--Unmanned Aircraft Systems

SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION PLAN.

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

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

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

SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

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

SEC. 324. DEFINITIONS.

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

                   Subtitle C--Safety and Protections

SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

  Section 106 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(s) Aviation Safety Whistleblower Investigation Office.--
          ``(1) Establishment.--There is established in the Federal 
        Aviation Administration (in this section referred to as the 
        `Agency') an Aviation Safety Whistleblower Investigation Office 
        (in this subsection referred to as the `Office').
          ``(2) Director.--
                  ``(A) Appointment.--The head of the Office shall be 
                the Director, who shall be appointed by the Secretary 
                of Transportation.
                  ``(B) Qualifications.--The Director shall have a 
                demonstrated ability in investigations and knowledge of 
                or experience in aviation.
                  ``(C) Term.--The Director shall be appointed for a 
                term of 5 years.
                  ``(D) Vacancy.--Any individual appointed to fill a 
                vacancy in the position of the Director occurring 
                before the expiration of the term for which the 
                individual's predecessor was appointed shall be 
                appointed for the remainder of that term.
          ``(3) Complaints and investigations.--
                  ``(A) Authority of director.--The Director shall--
                          ``(i) receive complaints and information 
                        submitted by employees of persons holding 
                        certificates issued under title 14, Code of 
                        Federal Regulations, and employees of the 
                        Agency concerning the possible existence of an 
                        activity relating to a violation of an order, 
                        regulation, or standard of the Agency or any 
                        other provision of Federal law relating to 
                        aviation safety;
                          ``(ii) assess complaints and information 
                        submitted under clause (i) and determine 
                        whether a substantial likelihood exists that a 
                        violation of an order, regulation, or standard 
                        of the Agency or any other provision of Federal 
                        law relating to aviation safety may have 
                        occurred; and
                          ``(iii) based on findings of the assessment 
                        conducted under clause (ii), make 
                        recommendations to the Administrator in writing 
                        for further investigation or corrective 
                        actions.
                  ``(B) Disclosure of identities.--The Director shall 
                not disclose the identity of an individual who submits 
                a complaint or information under subparagraph (A)(i) 
                unless--
                          ``(i) the individual consents to the 
                        disclosure in writing; or
                          ``(ii) the Director determines, in the course 
                        of an investigation, that the disclosure is 
                        unavoidable.
                  ``(C) Independence of director.--The Secretary, the 
                Administrator, or any officer or employee of the Agency 
                may not prevent or prohibit the Director from 
                initiating, carrying out, or completing any assessment 
                of a complaint or information submitted subparagraph 
                (A)(i) or from reporting to Congress on any such 
                assessment.
                  ``(D) Access to information.--In conducting an 
                assessment of a complaint or information submitted 
                under subparagraph (A)(i), the Director shall have 
                access to all records, reports, audits, reviews, 
                documents, papers, recommendations, and other material 
                necessary to determine whether a substantial likelihood 
                exists that a violation of an order, regulation, or 
                standard of the Agency or any other provision of 
                Federal law relating to aviation safety may have 
                occurred.
          ``(4) Responses to recommendations.--The Administrator shall 
        respond to a recommendation made by the Director under 
        subparagraph (A)(iii) in writing and retain records related to 
        any further investigations or corrective actions taken in 
        response to the recommendation.
          ``(5) Incident reports.--If the Director determines there is 
        a substantial likelihood that a violation of an order, 
        regulation, or standard of the Agency or any other provision of 
        Federal law relating to aviation safety may have occurred that 
        requires immediate corrective action, the Director shall report 
        the potential violation expeditiously to the Administrator and 
        the Inspector General of the Department of Transportation.
          ``(6) Reporting of criminal violations to inspector 
        general.--If the Director has reasonable grounds to believe 
        that there has been a violation of Federal criminal law, the 
        Director shall report the violation expeditiously to the 
        Inspector General.
          ``(7) Annual reports to congress.--Not later than October 1 
        of each year, the Director shall submit to Congress a report 
        containing--
                  ``(A) information on the number of submissions of 
                complaints and information received by the Director 
                under paragraph (3)(A)(i) in the preceding 12-month 
                period;
                  ``(B) summaries of those submissions;
                  ``(C) summaries of further investigations and 
                corrective actions recommended in response to the 
                submissions; and
                  ``(D) summaries of the responses of the Administrator 
                to such recommendations.''.

SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.

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

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

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

SEC. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS.

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

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

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

SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.

  (a) Voluntary Disclosure Reporting Program Defined.--In this section, 
the term ``Voluntary Disclosure Reporting Program'' means the program 
established by the Federal Aviation Administration through Advisory 
Circular 00-58A, dated September 8, 2006, including any subsequent 
revisions thereto.
  (b) Verification.--The Administrator of the Federal Aviation 
Administration shall modify the Voluntary Disclosure Reporting Program 
to require inspectors to--
          (1) verify that air carriers implement comprehensive 
        solutions to correct the underlying causes of the violations 
        voluntarily disclosed by such air carriers; and
          (2) confirm, before approving a final report of a violation, 
        that the violation, or another violation occurring under the 
        same circumstances, has not been previously discovered by an 
        inspector or self-disclosed by the air carrier.
  (c) Supervisory Review of Voluntary Self Disclosures.--The 
Administrator shall establish a process by which voluntary self-
disclosures received from air carriers are reviewed and approved by a 
supervisor after the initial review by an inspector.
  (d) GAO Study.--
          (1) In general.--The Comptroller General shall conduct a 
        study of the Voluntary Disclosure Reporting Program.
          (2) Review.--In conducting the study, the Comptroller General 
        shall examine, at a minimum, whether--
                  (A) there is evidence that voluntary disclosure is 
                resulting in regulated entities discovering and 
                correcting violations to a greater extent than would 
                otherwise occur if there was no program for immunity 
                from enforcement action;
                  (B) the voluntary disclosure program makes the 
                Federal Aviation Administration (FAA) aware of 
                violations that the FAA would not have discovered if 
                there was not a program, and if a violation is 
                disclosed voluntarily, whether the FAA insists on 
                stronger corrective actions than would have occurred if 
                the regulated entity knew of a violation, but FAA did 
                not;
                  (C) the information the FAA gets under the program 
                leads to fewer violations by other entities, either 
                because the information leads other entities to look 
                for similar violations or because the information leads 
                FAA investigators to look for similar violations at 
                other entities; and
                  (D) there is any evidence that voluntary disclosure 
                has improved compliance with regulations, either for 
                the entities making disclosures or for the industry 
                generally.
          (3) Report.--Not later than one year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        study conducted under this section.

                   TITLE IV--AIR SERVICE IMPROVEMENTS

SEC. 401. MONTHLY AIR CARRIER REPORTS.

  (a) In General.--Section 41708 is amended by adding at the end the 
following:
  ``(c) Diverted and Cancelled Flights.--
          ``(1) Monthly reports.--The Secretary shall require an air 
        carrier referred to in paragraph (2) to file with the Secretary 
        a monthly report on each flight of the air carrier that is 
        diverted from its scheduled destination to another airport and 
        each flight of the air carrier that departs the gate at the 
        airport at which the flight originates but is cancelled before 
        wheels-off time.
          ``(2) Applicability.--An air carrier that is required to file 
        a monthly airline service quality performance report under 
        subsection (b) shall be subject to the requirement of paragraph 
        (1).
          ``(3) Contents.--A monthly report filed by an air carrier 
        under paragraph (1) shall include, at a minimum, the following 
        information:
                  ``(A) For a diverted flight--
                          ``(i) the flight number of the diverted 
                        flight;
                          ``(ii) the scheduled destination of the 
                        flight;
                          ``(iii) the date and time of the flight;
                          ``(iv) the airport to which the flight was 
                        diverted;
                          ``(v) wheels-on time at the diverted airport;
                          ``(vi) the time, if any, passengers deplaned 
                        the aircraft at the diverted airport; and
                          ``(vii) if the flight arrives at the 
                        scheduled destination airport--
                                  ``(I) the gate-departure time at the 
                                diverted airport;
                                  ``(II) the wheels-off time at the 
                                diverted airport;
                                  ``(III) the wheels-on time at the 
                                scheduled arrival airport; and
                                  ``(IV) the gate arrival time at the 
                                scheduled arrival airport.
                  ``(B) For flights cancelled after gate departure--
                          ``(i) the flight number of the cancelled 
                        flight;
                          ``(ii) the scheduled origin and destination 
                        airports of the cancelled flight;
                          ``(iii) the date and time of the cancelled 
                        flight;
                          ``(iv) the gate-departure time of the 
                        cancelled flight; and
                          ``(v) the time the aircraft returned to the 
                        gate.
          ``(4) Publication.--The Secretary shall compile the 
        information provided in the monthly reports filed pursuant to 
        paragraph (1) in a single monthly report and publish such 
        report on the website of the Department of Transportation.''.
  (b) Effective Date.--The Secretary of Transportation shall require 
monthly reports pursuant to the amendment made by subsection (a) 
beginning not later than 90 days after the date of enactment of this 
Act.

SEC. 402. FLIGHT OPERATIONS AT REAGAN NATIONAL AIRPORT.

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

SEC. 403. EAS CONTRACT GUIDELINES.

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

SEC. 404. ESSENTIAL AIR SERVICE REFORM.

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

SEC. 405. SMALL COMMUNITY AIR SERVICE.

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

SEC. 406. AIR PASSENGER SERVICE IMPROVEMENTS.

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

           ``CHAPTER 423--AIR PASSENGER SERVICE IMPROVEMENTS

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

``Sec. 42301. Emergency contingency plans

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

``Sec. 42302. Consumer complaints

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

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

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

``423. Air Passenger Service Improvements...................   42301''.
  (c) Penalties.--Section 46301 is amended in subsections (a)(1)(A) and 
(c)(1)(A) by inserting ``chapter 423,'' after ``chapter 421,''.
  (d) Applicability of Requirements.--Except as otherwise specifically 
provided, the requirements of chapter 423 of title 49, United States 
Code, as added by this section, shall begin to apply 60 days after the 
date of enactment of this Act.

SEC. 407. CONTENTS OF COMPETITION PLANS.

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

SEC. 408. EXTENSION OF COMPETITIVE ACCESS REPORTS.

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

SEC. 409. CONTRACT TOWER PROGRAM.

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

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

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

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

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

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

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

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

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

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

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

SEC. 415. OFFICE OF RURAL AVIATION.

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

``Sec. 41749. Office of Rural Aviation

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

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

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

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

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

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

SEC. 418. EUROPEAN UNION RULES FOR PASSENGER RIGHTS.

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

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

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

SEC. 420. DENIED BOARDING COMPENSATION.

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

SEC. 421. COMPENSATION FOR DELAYED BAGGAGE.

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

SEC. 422. SCHEDULE REDUCTION.

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

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

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

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

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

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

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

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

SEC. 425. ANTITRUST EXEMPTIONS.

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

          TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PROGRAM.

  Section 40128 is amended--
          (1) in subsection (a)(1)(C) by inserting ``or voluntary 
        agreement under subsection (b)(7)'' before ``for the park'';
          (2) in subsection (a) by adding at the end the following:
          ``(5) Exemption.--
                  ``(A) In general.--Notwithstanding paragraph (1), a 
                national park that has 50 or fewer commercial air tour 
                flights a year shall be exempt from the requirements of 
                this section, except as provided in subparagraph (B).
                  ``(B) Withdrawal of exemption.--If the Director 
                determines that an air tour management plan or 
                voluntary agreement is necessary to protect park 
                resources and values or park visitor use and enjoyment, 
                the Director shall withdraw the exemption of a park 
                under subparagraph (A).
                  ``(C) List of parks.--The Director shall inform the 
                Administrator, in writing, of each determination under 
                subparagraph (B). The Director and Administrator shall 
                publish an annual list of national parks that are 
                covered by the exemption provided by this paragraph.
                  ``(D) Annual report.--A commercial air tour operator 
                conducting commercial air tours in a national park that 
                is exempt from the requirements of this section shall 
                submit to the Administrator and the Director an annual 
                report regarding the number of commercial air tour 
                flights it conducts each year in such park.'';
          (3) in subsection (b) by adding at the end the following:
          ``(7) Voluntary agreements.--
                  ``(A) In general.--As an alternative to an air tour 
                management plan, the Director and the Administrator may 
                enter into a voluntary agreement with a commercial air 
                tour operator (including a new entrant applicant and an 
                operator that has interim operating authority) that has 
                applied to conduct air tour operations over a national 
                park to manage commercial air tour operations over such 
                national park.
                  ``(B) Park protection.--A voluntary agreement under 
                this paragraph with respect to commercial air tour 
                operations over a national park shall address the 
                management issues necessary to protect the resources of 
                such park and visitor use of such park without 
                compromising aviation safety or the air traffic control 
                system and may--
                          ``(i) include provisions such as those 
                        described in subparagraphs (B) through (E) of 
                        paragraph (3);
                          ``(ii) include provisions to ensure the 
                        stability of, and compliance with, the 
                        voluntary agreement; and
                          ``(iii) provide for fees for such operations.
                  ``(C) Public.--The Director and the Administrator 
                shall provide an opportunity for public review of a 
                proposed voluntary agreement under this paragraph and 
                shall consult with any Indian tribe whose tribal lands 
                are, or may be, flown over by a commercial air tour 
                operator under a voluntary agreement under this 
                paragraph. After such opportunity for public review and 
                consultation, the voluntary agreement may be 
                implemented without further administrative or 
                environmental process beyond that described in this 
                subsection.
                  ``(D) Termination.--A voluntary agreement under this 
                paragraph may be terminated at any time at the 
                discretion of the Director or the Administrator if the 
                Director determines that the agreement is not 
                adequately protecting park resources or visitor 
                experiences or the Administrator determines that the 
                agreement is adversely affecting aviation safety or the 
                national aviation system. If a voluntary agreement for 
                a national park is terminated, the operators shall 
                conform to the requirements for interim operating 
                authority under subsection (c) until an air tour 
                management plan for the park is in effect.'';
          (4) in subsection (c) by striking paragraph (2)(I) and 
        inserting the following:
                  ``(I) may allow for modifications of the interim 
                operating authority without further environmental 
                review beyond that described in this section if--
                          ``(i) adequate information regarding the 
                        operator's existing and proposed operations 
                        under the interim operating authority is 
                        provided to the Administrator and the Director;
                          ``(ii) the Administrator determines that 
                        there would be no adverse impact on aviation 
                        safety or the air traffic control system; and
                          ``(iii) the Director agrees with the 
                        modification, based on the Director's 
                        professional expertise regarding the protection 
                        of the park resources and values and visitor 
                        use and enjoyment.'';
          (5) in subsection (c)(3)(A) by striking ``if the 
        Administrator determines'' and all that follows through the 
        period at the end and inserting ``without further environmental 
        process beyond that described in this paragraph if--
                          ``(i) adequate information on the operator's 
                        proposed operations is provided to the 
                        Administrator and the Director by the operator 
                        making the request;
                          ``(ii) the Administrator agrees that there 
                        would be no adverse impact on aviation safety 
                        or the air traffic control system; and
                          ``(iii) the Director agrees, based on the 
                        Director's professional expertise regarding the 
                        protection of park resources and values and 
                        visitor use and enjoyment.'';
          (6) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively; and
          (7) by inserting after subsection (c) the following:
  ``(d) Commercial Air Tour Operator Reports.--
          ``(1) Report.--Each commercial air tour operator providing a 
        commercial air tour over a national park under interim 
        operating authority granted under subsection (c) or in 
        accordance with an air tour management plan under subsection 
        (b) shall submit a report to the Administrator and Director 
        regarding the number of its commercial air tour operations over 
        each national park and such other information as the 
        Administrator and Director may request in order to facilitate 
        administering the provisions of this section.
          ``(2) Report submission.--Not later than 3 months after the 
        date of enactment of the FAA Reauthorization Act of 2009, the 
        Administrator and Director shall jointly issue an initial 
        request for reports under this subsection. The reports shall be 
        submitted to the Administrator and Director on a frequency and 
        in a format prescribed by the Administrator and Director.''.

SEC. 502. STATE BLOCK GRANT PROGRAM.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

``47531. Penalties.'';

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

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

SEC. 507. ENVIRONMENTAL MITIGATION PILOT PROGRAM.

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

SEC. 508. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM.

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

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

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

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

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

SEC. 511. CONTINUATION OF AIR QUALITY SAMPLING.

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

SEC. 512. SENSE OF CONGRESS.

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

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

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

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

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

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

  (a) Dispute Resolution.--Section 40122(a) is amended--
          (1) by redesignating paragraphs (3) and (4) as paragraphs (5) 
        and (6), respectively; and
          (2) by striking paragraph (2) and inserting the following:
          ``(2) Dispute resolution.--
                  ``(A) Mediation.--If the Administrator does not reach 
                an agreement under paragraph (1) or the provisions 
                referred to in subsection (g)(2)(C) with the exclusive 
                bargaining representative of the employees, the 
                Administrator and the bargaining representative--
                          ``(i) shall use the services of the Federal 
                        Mediation and Conciliation Service to attempt 
                        to reach such agreement in accordance with part 
                        1425 of title 29, Code of Federal Regulations 
                        (as in effect on the date of enactment of the 
                        FAA Reauthorization Act of 2009); or
                          ``(ii) may by mutual agreement adopt 
                        alternative procedures for the resolution of 
                        disputes or impasses arising in the negotiation 
                        of the collective-bargaining agreement.
                  ``(B) Binding arbitration.--
                          ``(i) Assistance from federal service 
                        impasses panel.--If the services of the Federal 
                        Mediation and Conciliation Service under 
                        subparagraph (A)(i) do not lead to an 
                        agreement, the Administrator and the exclusive 
                        bargaining representative of the employees (in 
                        this subparagraph referred to as the `parties') 
                        shall submit their issues in controversy to the 
                        Federal Service Impasses Panel. The Panel shall 
                        assist the parties in resolving the impasse by 
                        asserting jurisdiction and ordering binding 
                        arbitration by a private arbitration board 
                        consisting of 3 members.
                          ``(ii) Appointment of arbitration board.--The 
                        Executive Director of the Panel shall provide 
                        for the appointment of the 3 members of a 
                        private arbitration board under clause (i) by 
                        requesting the Director of the Federal 
                        Mediation and Conciliation Service to prepare a 
                        list of not less than 15 names of arbitrators 
                        with Federal sector experience and by providing 
                        the list to the parties. Within 10 days of 
                        receiving the list, the parties shall each 
                        select one person from the list. The 2 
                        arbitrators selected by the parties shall then 
                        select a third person from the list within 7 
                        days. If either of the parties fails to select 
                        a person or if the 2 arbitrators are unable to 
                        agree on the third person within 7 days, the 
                        parties shall make the selection by alternately 
                        striking names on the list until one arbitrator 
                        remains.
                          ``(iii) Framing issues in controversy.--If 
                        the parties do not agree on the framing of the 
                        issues to be submitted for arbitration, the 
                        arbitration board shall frame the issues.
                          ``(iv) Hearings.--The arbitration board shall 
                        give the parties a full and fair hearing, 
                        including an opportunity to present evidence in 
                        support of their claims and an opportunity to 
                        present their case in person, by counsel, or by 
                        other representative as they may elect.
                          ``(v) Decisions.--The arbitration board shall 
                        render its decision within 90 days after the 
                        date of its appointment. Decisions of the 
                        arbitration board shall be conclusive and 
                        binding upon the parties.
                          ``(vi) Costs.--The parties shall share costs 
                        of the arbitration equally.
          ``(3) Ratification of agreements.--Upon reaching a voluntary 
        agreement or at the conclusion of the binding arbitration under 
        paragraph (2)(B), the final agreement, except for those matters 
        decided by an arbitration board, shall be subject to 
        ratification by the exclusive bargaining representative of the 
        employees, if so requested by the bargaining representative, 
        and approval by the head of the agency in accordance with the 
        provisions referred to in subsection (g)(2)(C).
          ``(4) Enforcement.--
                  ``(A) Enforcement actions in united states courts.--
                Each United States district court and each United 
                States court of a place subject to the jurisdiction of 
                the United States shall have jurisdiction of 
                enforcement actions brought under this section. Such an 
                action may be brought in any judicial district in the 
                State in which the violation of this section is alleged 
                to have been committed, the judicial district in which 
                the Federal Aviation Administration has its principal 
                office, or the District of Columbia.
                  ``(B) Attorney fees.--The court may assess against 
                the Federal Aviation Administration reasonable attorney 
                fees and other litigation costs reasonably incurred in 
                any case under this section in which the complainant 
                has substantially prevailed.''.
  (b) Application.--On and after the date of enactment of this Act, any 
changes implemented by the Administrator of the Federal Aviation 
Administration on and after July 10, 2005, under section 40122(a) of 
title 49, United States Code (as in effect on the day before such date 
of enactment), without the agreement of the exclusive bargaining 
representative of the employees of the Administration certified under 
section 7111 of title 5, United States Code, shall be null and void and 
the parties shall be governed by their last mutual agreement before the 
implementation of such changes. The Administrator and the bargaining 
representative shall resume negotiations promptly, and, subject to 
subsection (c), their last mutual agreement shall be in effect until a 
new contract is adopted by the Administrator and the bargaining 
representative. If an agreement is not reached within 45 days after the 
date on which negotiations resume, the Administrator and the bargaining 
representative shall submit their issues in controversy to the Federal 
Service Impasses Panel in accordance with section 7119 of title 5, 
United States Code, for binding arbitration in accordance with 
paragraphs (2)(B), (3), and (4) of section 40122(a) of title 49, United 
States Code (as amended by subsection (a) of this section).
  (c) Savings Clause.--All cost of living adjustments and other pay 
increases, lump sum payments to employees, and leave and other benefit 
accruals implemented as part of the changes referred to in subsection 
(b) may not be reversed unless such reversal is part of the calculation 
of back pay under subsection (d). The Administrator shall waive any 
overpayment paid to, and not collect any funds for such overpayment, 
from former employees of the Administration who received lump sum 
payments prior to their separation from the Administration.
  (d) Back Pay.--
          (1) In general.--Employees subject to changes referred to in 
        subsection (b) that are determined to be null and void under 
        subsection (b) shall be eligible for pay that the employees 
        would have received under the last mutual agreement between the 
        Administrator and the exclusive bargaining representative of 
        such employees before the date of enactment of this Act and any 
        changes were implemented without agreement of the bargaining 
        representative. The Administrator shall pay the employees such 
        pay subject to the availability of amounts appropriated to 
        carry out this subsection. If the appropriated funds do not 
        cover all claims of the employees for such pay, the 
        Administrator and the bargaining representative, pursuant to 
        negotiations conducted in accordance with section 40122(a) of 
        title 49, United States Code (as amended by subsection (a) of 
        this section), shall determine the allocation of the 
        appropriated funds among the employees on a pro rata basis.
          (2) Authorization of appropriations.--There is authorized to 
        be appropriated $20,000,000 to carry out this subsection.
  (e) Interim Agreement.--If the Administrator and the exclusive 
bargaining representative of the employees subject to the changes 
referred to in subsection (b) reach a final and binding agreement with 
respect to such changes before the date of enactment of this Act, such 
agreement shall supersede any changes implemented by the Administrator 
under section 40122(a) of title 49, United States Code (as in effect on 
the day before such date of enactment), without the agreement of the 
bargaining representative, and subsections (b) and (c) shall not take 
effect.

SEC. 602. MSPB REMEDIAL AUTHORITY FOR FAA EMPLOYEES.

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

SEC. 603. FAA TECHNICAL TRAINING AND STAFFING.

  (a) Study.--
          (1) In general.--The Comptroller General shall conduct a 
        study on the training of the airway transportation systems 
        specialists of the Federal Aviation Administration (in this 
        section referred to as ``FAA systems specialists'').
          (2) Contents.--The study shall--
                  (A) include an analysis of the type of training 
                provided to FAA systems specialists;
                  (B) include an analysis of the type of training that 
                FAA systems specialists need to be proficient on the 
                maintenance of latest technologies;
                  (C) include a description of actions that the 
                Administration has undertaken to ensure that FAA 
                systems specialists receive up-to-date training on the 
                latest technologies;
                  (D) identify the amount and cost of FAA systems 
                specialists training provided by vendors;
                  (E) identify the amount and cost of FAA systems 
                specialists training provided by the Administration 
                after developing courses for the training of such 
                specialists;
                  (F) identify the amount and cost of travel that is 
                required of FAA systems specialists in receiving 
                training; and
                  (G) include a recommendation regarding the most cost-
                effective approach to providing FAA systems specialists 
                training.
          (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the results of the 
        study.
  (b) Workload of Systems Specialists.--
          (1) Study by national academy of sciences.--Not later than 90 
        days after the date of enactment of this Act, the Administrator 
        of the Federal Aviation Administration shall make appropriate 
        arrangements for the National Academy of Sciences to conduct a 
        study of the assumptions and methods used by the Federal 
        Aviation Administration to estimate staffing needs for FAA 
        systems specialists to ensure proper maintenance and 
        certification of the national airspace system.
          (2) Contents.--The study shall be conducted so as to provide 
        the following:
                  (A) A suggested method of modifying FAA systems 
                specialists staffing models for application to current 
                local conditions or applying some other approach to 
                developing an objective staffing standard.
                  (B) The approximate cost and length of time for 
                developing such models.
          (3) Consultation.--In conducting the study, the National 
        Academy of Sciences shall consult with the exclusive bargaining 
        representative of employees of the Federal Aviation 
        Administration certified under section 7111 of title 5, United 
        States Code, and the Administrator of the Federal Aviation 
        Administration.
          (4) Report.--Not later than one year after the initiation of 
        the arrangements under subsection (a), the National Academy of 
        Sciences shall submit to Congress a report on the results of 
        the study.

SEC. 604. 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. 605. 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. 606. 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. 607. 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. 608. 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. 609. 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. 610. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY CONDITIONS.

  (a) Establishment.--The Administrator of the Federal Aviation 
Administration shall establish a special task force to be known as the 
``FAA Task Force on Air Traffic Control Facility Conditions'' (in this 
section referred to as the ``Task Force'').
  (b) Membership.--
          (1) Composition.--The Task Force shall be composed of 12 
        members of whom--
                  (A) 8 members shall be appointed by the 
                Administrator; and
                  (B) 4 members shall be appointed by labor unions 
                representing employees who work at field facilities of 
                the Administration.
          (2) Qualifications.--Of the members appointed by the 
        Administrator under paragraph (1)(A)--
                  (A) 4 members shall be specialists on toxic mold 
                abatement, ``sick building syndrome,'' and other 
                hazardous building conditions that can lead to employee 
                health concerns and shall be appointed by the 
                Administrator in consultation with the Director of the 
                National Institute for Occupational Safety and Health; 
                and
                  (B) 2 members shall be specialists on the 
                rehabilitation of aging buildings.
          (3) Terms.--Members shall be appointed for the life of the 
        Task Force.
          (4) Vacancies.--A vacancy in the Task Force shall be filled 
        in the manner in which the original appointment was made.
          (5) Travel expenses.--Members shall serve without pay but 
        shall receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with subchapter I of chapter 57 of 
        title 5, United States Code.
  (c) Chairperson.--The Administrator shall designate, from among the 
individuals appointed under subsection (b)(1), an individual to serve 
as chairperson of the Task Force.
  (d) Task Force Personnel Matters.--
          (1) Staff.--The Task Force may appoint and fix the pay of 
        such personnel as it considers appropriate.
          (2) Staff of federal agencies.--Upon request of the 
        Chairperson of the Task Force, the head of any department or 
        agency of the United States may detail, on a reimbursable 
        basis, any of the personnel of that department or agency to the 
        Task Force to assist it in carrying out its duties under this 
        section.
          (3) Other staff and support.--Upon request of the Task Force 
        or a panel of the Task Force, the Administrator shall provide 
        the Task Force or panel with professional and administrative 
        staff and other support, on a reimbursable basis, to the Task 
        Force to assist it in carrying out its duties under this 
        section.
  (e) Obtaining Official Data.--The Task Force may secure directly from 
any department or agency of the United States information (other than 
information required by any statute of the United States to be kept 
confidential by such department or agency) necessary for the Task Force 
to carry out its duties under this section. Upon request of the 
chairperson of the Task Force, the head of that department or agency 
shall furnish such information to the Task Force.
  (f) Duties.--
          (1) Study.--The Task Force shall undertake a study of--
                  (A) the conditions of all air traffic control 
                facilities across the Nation, including towers, 
                centers, and terminal radar air control;
                  (B) reports from employees of the Administration 
                relating to respiratory ailments and other health 
                conditions resulting from exposure to mold, asbestos, 
                poor air quality, radiation and facility-related 
                hazards in facilities of the Administration;
                  (C) conditions of such facilities that could 
                interfere with such employees' ability to effectively 
                and safely perform their duties;
                  (D) the ability of managers and supervisors of such 
                employees to promptly document and seek remediation for 
                unsafe facility conditions;
                  (E) whether employees of the Administration who 
                report facility-related illnesses are treated fairly;
                  (F) utilization of scientifically approved 
                remediation techniques in a timely fashion once 
                hazardous conditions are identified in a facility of 
                the Administration; and
                  (G) resources allocated to facility maintenance and 
                renovation by the Administration.
          (2) Facility condition indicies (fci).--The Task Force shall 
        review the facility condition indicies of the Administration 
        (in this section referred to as the ``FCI'') for inclusion in 
        the recommendations under subsection (g).
  (g) Recommendations.--Based on the results of the study and review of 
the FCI under subsection (f), the Task Force shall make recommendations 
as it considers necessary to--
          (1) prioritize those facilities needing the most immediate 
        attention in order of the greatest risk to employee health and 
        safety;
          (2) ensure that the Administration is using scientifically 
        approved remediation techniques in all facilities; and
          (3) assist the Administration in making programmatic changes 
        so that aging air traffic control facilities do not deteriorate 
        to unsafe levels.
  (h) Report.--Not later than 6 months after the date on which initial 
appointments of members to the Task Force are completed, the Task Force 
shall submit to the Administrator, the Committee on Transportation and 
Infrastructure of the House of Representatives, and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
activities of the Task Force, including the recommendations of the Task 
Force under subsection (g).
  (i) Implementation.--Within 30 days of the receipt of the Task Force 
report under subsection (h), the Administrator shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that includes a plan and timeline 
to implement the recommendations of the Task Force and to align future 
budgets and priorities of the Administration accordingly.
  (j) Termination.--The Task Force shall terminate on the last day of 
the 30-day period beginning on the date on which the report under 
subsection (h) was submitted.
  (k) Applicability of the Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task 
Force.
  (l) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $250,000 to carry out 
this section.

                     TITLE VII--AVIATION INSURANCE

SEC. 701. GENERAL AUTHORITY.

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

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

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

SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.

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

SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.

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

SEC. 705. EXTENSION OF PROGRAM AUTHORITY.

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

                       TITLE VIII--MISCELLANEOUS

SEC. 801. AIR CARRIER CITIZENSHIP.

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

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

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

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

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

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

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

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

SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

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

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

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

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

SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION.

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

SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FACILITIES.

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

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

  Section 1113 is amended by adding at the end the following:
  ``(i) Accidental Death and Dismemberment Insurance.--
          ``(1) Authority to provide insurance.--The Board may procure 
        accidental death and dismemberment insurance for an employee of 
        the Board who travels for an accident investigation or other 
        activity of the Board outside the United States or inside the 
        United States under hazardous circumstances, as defined by the 
        Board.
          ``(2) Crediting of insurance benefits to offset united states 
        tort liability.--Any amounts paid to a person under insurance 
        coverage procured under this subsection shall be credited as 
        offsetting any liability of the United States to pay damages to 
        that person under section 1346(b) of title 28, chapter 171 of 
        title 28, chapter 163 of title 10, or any other provision of 
        law authorizing recovery based upon tort liability of the 
        United States in connection with the injury or death resulting 
        in the insurance payment.
          ``(3) Treatment of insurance benefits.--Any amounts paid 
        under insurance coverage procured under this subsection shall 
        not--
                  ``(A) be considered additional pay or allowances for 
                purposes of section 5536 of title 5; or
                  ``(B) offset any benefits an employee may have as a 
                result of government service, including compensation 
                under chapter 81 of title 5.
          ``(4) Entitlement to other insurance.--Nothing in this 
        subsection shall be construed as affecting the entitlement of 
        an employee to insurance under section 8704(b) of title 5.''.

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

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

SEC. 810. LOST NATION AIRPORT, OHIO.

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

SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA.

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

SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY PROGRAM.

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 819. CABIN TEMPERATURE STANDARDS STUDY.

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

SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS.

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

SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGESTION.

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

SEC. 822. AIRLINE PERSONNEL TRAINING ENHANCEMENT.

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

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

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

SEC. 824. WIND TURBINE LIGHTING.

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

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

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

          TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

SEC. 901. SHORT TITLE.

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

SEC. 902. DEFINITIONS.

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

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

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

SEC. 904. RESEARCH PROGRAM ON RUNWAYS.

  (a) Research Program.--The Administrator shall maintain a program of 
research grants to universities and nonprofit research foundations for 
research and technology demonstrations related to--
          (1) improved runway surfaces; and
          (2) engineered material restraining systems for runways at 
        both general aviation airports and airports with commercial air 
        carrier operations.
  (b) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2009 through 2012 to carry out this section.

SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.

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

SEC. 906. CENTERS OF EXCELLENCE.

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

SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM.

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

SEC. 908. UNMANNED AIRCRAFT SYSTEMS.

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

SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS.

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

SEC. 910. AVIATION GAS RESEARCH AND DEVELOPMENT PROGRAM.

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

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

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

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

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

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.

                         Purpose of Legislation

    The bill, as amended, reauthorizes programs of the Federal 
Aviation Administration (FAA) and makes a number of changes in 
aviation laws to increase the safety, efficiency, and capacity 
of the aviation system.

                  Background and Need for Legislation

    The Airport Improvement Program (AIP) is funded by contract 
authority that is provided in FAA authorizing legislation, 
rather than in annual appropriations acts. Therefore, if the 
AIP is not reauthorized, airports will not be able to receive 
any grants from the Airport and Airways Trust Fund (Trust Fund) 
after September 30, 2009. This sets AIP apart from the other 
programs funded from the Trust Fund. While the other programs 
need to be reauthorized as well, they can receive funding if an 
appropriations act is passed.
    Programs providing Federal aid to airports began in 1946 
and have been modified several times. The Trust Fund was 
created in 1970. The current AIP began in 1982.
    AIP is funded entirely by the Trust Fund. The Trust Fund, 
in turn, is supported entirely by the following taxes on 
aviation users:
          7.5 percent passenger ticket tax;
          $3.60 passenger flight segment fee (does not apply to 
        passengers departing from rural airports, which are 
        defined as those that have less than 100,000 passengers 
        per year);
          6.25 percent freight waybill tax;
          $16.10 international departure and arrival taxes;
          7.5 percent frequent flyer award tax; and
          Aviation fuel taxes as follows:
                  4.3 cents on commercial aviation;
                  19.3 cents on general aviation gasoline; and
                  21.8 cents on general aviation jet fuel.
    In fiscal year (FY) 2009, the Trust Fund supported 58 
percent of the FAA's Operations budget and the AIP, Facilities 
and Equipment (F&E), and Research, Engineering, and Development 
(RE&D) programs. The $3.804 billion remainder of the FAA 
Operations budget is provided from the General Fund of the 
Treasury. The General Fund contribution to FAA's total budget 
has varied over time, and has ranged between 16 percent and 21 
percent over the last four years. Over the past 20 years (1988-
2007), the General Fund contribution has averaged 25 percent of 
the FAA's total budget.
    In FY 2009, FAA programs received the following amounts 
from the Trust Fund:
          AIP--$3.5 billion;
          F&E--$2.7 billion;
          Operations--$5.2 billion from the Trust Fund (the 
        remaining $3.8 billion of the $9.0 billion FAA 
        operating budget comes from the General Fund); and
          RE&D--$171 million.
    In addition, pursuant to the American Recovery and 
Reinvestment Act of 2009 (P.L. 111-5), Congress appropriated 
$1.1 billion for AIP and $200 million for F&E.

                   TRUST FUND PROCEDURAL PROTECTIONS

    The Trust Fund was created in 1970 to provide a stable, 
long-term source of funding to develop the nation's airports 
and air traffic control (ATC) system. The concept was that 
taxes would be imposed on users of the system, particularly 
airlines and their passengers, and general aviation. The 
revenues from users would be placed in a Trust Fund where they 
would be used promptly and exclusively for improvements in 
aviation infrastructure.
    Problems developed with this mechanism in the 1980s. 
Because the revenues and expenditures of the Trust Fund are 
part of the overall budget, if the Trust Fund does not spend 
all of its revenues, the ``surplus'' helps offset deficits in 
the rest of the general budget. As a result, chronic 
underfunding of critical investment in aviation infrastructure 
occurred. The uncommitted balance in the Trust Fund continued 
to grow, reaching a peak of $7.7 billion in 1991. This meant 
that there were billions of dollars in the Trust Fund unused 
even though there were significant needs to expand airport 
capacity and modernize the ATC system. The Trust Fund surplus 
was reduced by spending more Trust Fund money on FAA 
Operations, despite formulas in the law that intended to give 
priority to the capital programs.
    For many years, the Committee on Transportation and 
Infrastructure (Committee) and the aviation community sought to 
ensure that the money aviation users paid into the Trust Fund 
would actually be used for aviation infrastructure 
improvements. In the 1980s and 1990s, legislation was 
introduced to take the Trust Fund off budget, but none was 
enacted.
    In 1999, another effort was launched to unlock the Trust 
Fund. This effort culminated in the enactment of the Wendell H. 
Ford Aviation Investment and Reform Act for the 21st Century 
(AIR 21) (P.L. 106-181) on April 5, 2000. While the Trust Fund 
remained on budget, AIR 21, through a series of procedural 
points of order, ensured that every dollar aviation users pay 
into the Trust Fund was actually invested in aviation programs.
    AIR 21 required that the: (1) total amount available for 
spending from the Trust Fund each year is equal to the Trust 
Fund receipts plus interest as estimated by the President's 
budget for that year; and (2) total spending on the two major 
capital programs (AIP and F&E) must be at authorized levels. If 
an appropriations bill is brought to the House or Senate floor 
that does not meet these two requirements, any Member can make 
a point of order against it and the bill may not be considered 
in that form.
    The AIR 21 funding guarantees were subsequently extended in 
Vision 100--the Century of Aviation Reauthorization Act (Vision 
100) (P.L. 108-176). Since AIR 21's enactment, aviation 
infrastructure investment has increased dramatically. AIP 
increased from $1.95 billion in FY 2000 to $3.5 billion in FY 
2009, and F&E increased from $2 billion to $2.7 billion over 
the same period.
    The Trust Fund share of FAA's Operations account varies 
from year-to-year depending on Trust Fund receipts and the 
amount invested in capital programs. Under AIR 21 and Vision 
100, the Trust Fund share is calculated by subtracting the 
amount invested in the capital programs (AIP, F&E, and RE&D) 
from the total estimated Trust Fund receipts and interest.

                              AIP FORMULA

    There are approximately 19,815 airports in the United 
States. Of those airports, 5,190 airports are open to the 
public. The FAA's National Plan of Integrated Airport Systems 
(NPIAS) identifies 3,411 airports that are significant to the 
national aviation system, and therefore are eligible for AIP 
grants. The NPIAS also includes a five-year estimate of the 
amounts of AIP investment needed to bring these airports up to 
current design standards and add capacity to congested 
airports. NPIAS airports account for 100 percent of passenger 
enplanements. In addition, 90 percent of all general aviation 
aircraft are based at these airports, and 98 percent of the 
population resides within 20 miles of these airports.
    AIP grants are distributed by formulas that are set forth 
in law. These formulas are described below.

                          ENTITLEMENT FUNDING

    The law divides AIP money into two broad categories: 
entitlement funds and discretionary funds. Entitlement funds 
are further divided into four sub-categories. They are:
          Primary airport entitlements;
          Cargo airport entitlements;
          State and general aviation entitlements; and
          Alaskan airport entitlements.

Primary airport entitlement

    Regardless of the number of passengers boarded, the minimum 
entitlement of a primary, commercial service airport is 
$650,000 per year (or $1,000,000 per year if AIP is at least 
$3.2 billion). There are 390 primary airports and 116 cargo 
airports that qualify for these entitlements.
    To receive the entitlement, an airport must have a project, 
such as a runway, terminal, or noise abatement project that is 
eligible for AIP funding under the law. An airport can retain 
the right to receive its entitlement money for three years (or 
four years in the case of smaller airports that are classified 
as non-hub airports). Entitlement funds deferred to a later 
year are referred to as carryover entitlement.

Cargo airport entitlement

    Cargo service airports include: (1) airports that are 
served by cargo-only (freighter) aircraft with a total annual 
landed weight of more than 100 million pounds; and (2) other 
airports that the Department of Transportation (DOT) finds will 
be served primarily by freighter aircraft. These airports are 
entitled to share money that equals 3.5 percent of total AIP 
funds. AIP funds are allocated according to the total landed 
weight of cargo-only aircraft landing at an airport to the 
total landed weight of such aircraft at all cargo service 
airports. Landed weight means the weight of aircraft 
transporting only cargo under regulations prescribed by the 
Secretary of Transportation (Secretary).

State Apportionment/General Aviation Entitlement

    General aviation airports receive 20 percent of total AIP 
funds. These airports are used by private planes or have only 
limited commercial airline service (less than 10,000 passengers 
per year).
    Each general aviation airport is entitled to receive the 
amount of money needed for its planned development, as listed 
in the FAA's NPIAS. The amount of this entitlement is limited 
to $150,000 per year per airport.
    The remaining funds are allocated to the states by a 
formula that takes into account the population and area of each 
state. General aviation airports that are seeking AIP money 
from this allocation usually apply directly to the FAA. Some 
states require their airports to channel their AIP applications 
through the state aviation agency. The FAA then decides which 
airports will get the money. In addition, ten States (Georgia, 
Illinois, Michigan, Missouri, New Hampshire, North Carolina, 
Pennsylvania, Tennessee, Texas, and Wisconsin) participate in 
the State Block Grant program. Under this program, the FAA 
gives the state aviation agency more responsibility to manage 
its AIP allocation and the state, not the FAA, decides which 
general aviation airports will receive grants. States that 
participate in the State Block Grant program do not receive 
more funding but they do get more control over how it is 
distributed to airports in their state.

Alaska Entitlement

    By law, Alaskan airports are entitled to receive at least 
the same amount of money that they received in 1980, i.e., 
$10.5 million. If total AIP funding is at least $3.2 billion in 
a year, that amount is doubled.

                         DISCRETIONARY FUNDING

    The FAA, at its own discretion, can invest any funds 
remaining after entitlements are funded. However, this 
discretionary fund is subject to three set-asides.

Noise/Environment

    The law sets aside 35 percent of AIP discretionary funds 
for noise/environmental projects.

Military Airports

    Under the military airport program (MAP), FAA selects 15 
current or former military airports (including at least one 
general aviation airport) to share in a set-aside, which is 
equal to four percent of the discretionary fund. The MAP's 
purpose is to increase overall system capacity by promoting 
joint civilian-military use of military airports or by 
converting former military airports to civilian use. There are 
currently 15 airports in the MAP.

Discretionary

    After the entitlements and set-asides are funded, the 
remaining money can be invested at FAA's discretion. These 
funds are often referred to as ``pure discretionary'' AIP 
funds. Seventy-five percent of these discretionary funds must 
be invested in airport projects that will enhance capacity, 
safety, or security, or will reduce noise.

                       PASSENGER FACILITY CHARGE

    In 1990, the Committee became concerned that AIP alone 
would not be able to meet the future infrastructure needs of 
U.S. airports. Consequently, the Omnibus Budget Reconciliation 
Act of 1990 (P.L. 101-508) permitted an airport to assess a fee 
on passengers. This fee is known as the passenger facility 
charge (PFC). PFCs are collected by the airlines and paid 
directly to the airport. They are intended to supplement AIP by 
providing more funding for runways, taxiways, terminals, gates, 
and other airport improvements.
    The 1990 law limited the PFC to $3.00 per passenger. AIR 21 
increased the PFC cap to $4.50. A passenger may not pay more 
than $18 in PFCs per round-trip regardless of the number of 
airports through which the passenger connects. An airport 
cannot charge a PFC until it is approved by the FAA.
    The FAA has approved PFCs at 378 airports, and 346 were 
collecting fees as of March 1, 2009. In 2008, the FAA estimates 
that actual PFC collections totaled approximately $2.768 
billion. In 2009, the FAA predicts that airports will collect 
approximately $2.899 billion in PFCs.
    If a medium- or large-hub airport charges a $3.00 PFC, it 
must forgo up to 50 percent of its AIP passenger entitlement. 
If it charges more than $3.00, it must forgo 75 percent of its 
AIP passenger entitlement. The forgone entitlements go into a 
special small airport fund to be distributed as follows:
          50 percent to non-hub airports;
          25 percent to general aviation airports;
          12.5 percent to small-hub airports; and
          12.5 percent to the discretionary fund.
    As of March 1, 2009, 252 small-hub, non-hub, and commercial 
service airports were approved to receive the maximum PFC, and 
56 medium and large hubs were approved to receive the maximum 
PFC. The Committee continues to support the PFC program.

                  AIR SERVICE TO UNDERSERVED AIRPORTS

    The Committee continues to be concerned about air service 
to small- and medium-sized airports. Section 203 of AIR 21, 
codified at section 41743 of title 49, United States Code, 
included a pilot program referred to as the Small Community Air 
Service Development (SCASD) program to make grants to small 
communities to help them bolster their air service. This 
program was extended in Vision 100.

                  ESSENTIAL AIR SERVICE (EAS) PROGRAM

    The Essential Air Service (EAS) program was created in 1978 
to ensure that no communities lost air service as a result of 
the Airline Deregulation Act of 1978 (ADA) (P.L. 95-504). It 
provides subsidies to commuter airlines to provide service to 
small communities where there are not enough passengers to 
operate profitably. Under the EAS program, DOT establishes a 
minimum level of air service for each of the eligible airports. 
The minimum level is usually two round-trips per day to a 
medium- or large-hub airport using 15-seat or larger aircraft. 
Eligible communities are those communities that were listed on 
an airline's certificate when the ADA was passed. The cost of 
this program has increased from $22.9 million in 1996 to $125 
million in 2008.

           H.R. 915, THE ``FAA REAUTHORIZATION ACT OF 2009''

    H.R. 915, the ``FAA Reauthorization Act of 2009'', provides 
historic funding levels for FAA's capital programs. Between FY 
2009 and FY 2012, the bill provides $16.2 billion for AIP, and 
nearly $13.4 billion for F&E. These robust funding levels will 
enable the FAA to modernize the ATC system and make capacity 
enhancing improvements at our nation's airports. In addition, 
H.R. 915 provides $38.9 billion for FAA Operations and $1.35 
billion for RE&D over the next four years.
    To combat inflation and to help airports meet increased 
capital needs, H.R. 915 increases the PFC cap from $4.50 to 
$7.00. According to the FAA, if every airport currently 
collecting a $4.00 or $4.50 PFC raised it to $7.00, 
approximately $1.1 billion in additional revenue would be 
generated for airport development each year.
    H.R. 915 increases the total amount authorized for EAS each 
year from $127 million to $200 million (including $50 million 
derived from overflight fees). To improve the quality of air 
service received by EAS communities, the bill authorizes the 
Secretary to incorporate financial incentives into EAS 
contracts based on specified performance goals. To encourage 
increased air carrier participation, the bill authorizes the 
Secretary to enter into long-term EAS contracts that would 
provide more stability for participating air carriers. H.R. 915 
also extends the SCASD program through FY 2012, at the current 
authorized funding level of $35 million per year.
    H.R. 915 contains several environmental-related provisions, 
many safety provisions (including an increase in aviation 
safety inspectors), and increased funding, authority, 
accountability, and oversight of ATC modernization and the Next 
Generation Air Transportation System (NextGen).

                       Summary of the Legislation


Sec. 1. Short title; table of contents

    This section provides that the short title of the bill is 
the ``FAA Reauthorization Act of 2009'' and sets out the table 
of contents for the bill.

Sec. 2. Amendments to title 49, United States Code

    This section provides that, except where otherwise 
expressly provided, any references to sections are made to 
title 49, United States Code (U.S.C.).

Sec. 3. Effective date

    This section provides that, unless otherwise stated, the 
amendments made by this Act are effective 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

    This section authorizes the following for the FAA's AIP: 
$3.9 billion for FY 2009; $4.0 billion for FY 2010; $4.1 
billion for FY 2011; and $4.2 billion for FY 2012. This section 
also moves the Airport Cooperative Research Program (ACRP) and 
Airports Technology Research (ATR) funding from the RE&D 
account to AIP. The ACRP is authorized at $15 million and the 
ATR is authorized at $19.348 million for FYs 2009-2012.

Sec. 102. Air navigation facilities and equipment

    Subsection (a) authorizes the following for the FAA's F&E 
account: (1) $3.246 billion for FY 2009; (2) $3.259 billion for 
FY 2010; (3) $3.353 billion for FY 2011; and (4) $3.506 billion 
for FY 2012. Subsection (b) authorizes some of these funds to 
be used for the development of: wake vortex mitigation systems; 
in-flight and ground based weather mitigation systems; and 
safety management systems (SMS). Runway incursion reduction 
programs are funded from F&E at $10 million for FY 2009 and $12 
million in FYs 2010-2012. Runway status light acquisition and 
installation is funded at $50 million for FY 2009, $125 million 
for FY 2010, $100 million for FY 2011, and $50 million for FY 
2012. NextGen systems development programs shall receive $41.4 
million for FY 2009, $102.9 million for FY 2010, $104 million 
for FY 2011, and $105.3 million for FY 2012. NextGen 
demonstration programs shall receive $28 million for FY 2009 
and $30 million in FYs 2010-2012. The Center for Advanced 
Aviation System Development is moved from the RE&D to the F&E 
account and authorized at $76 million in FY 2009, $79 million 
for FYs 2010-11, and $80.8 million for FY 2012. Additional 
programs for enhanced system capacity, planning and 
improvements; operations concept validation; National Airspace 
weather requirements and the Airspace Management Lab are 
authorized at $21.9 million in FY 2009 and $22.5 million in FYs 
2010-2012.
    The Committee strongly encourages the development and 
implementation of SMS at the FAA and throughout the industry. 
The FAA should use the funds specified above for the 
development of data analysis tools, as well as analysis, 
rulemaking, and other initiatives both within the FAA and in 
partnership with industry. The FAA should also make every 
effort to extend the benefits of SMS to part 135 certificate 
holders.

Sec. 103. FAA operations

    Subsection (a) authorizes the following for the FAA 
Operations account: $8.998 billion for FY 2009; $9.531 billion 
for FY 2010; $9.936 billion for FY 2011; and $10.350 billion 
for FY 2012. Subsection (b) revises section 106(k) to improve 
safety for medical helicopters by reauthorizing funding for the 
development and maintenance of approach procedures for 
heliports that support all-weather, emergency services. This 
provision was originally included in title 49 by AIR 21. 
Subsection (b) also revises section 106(k) to reauthorize 
funding for the Alaska aviation safety project with respect to 
three-dimensional terrain mapping of Alaska's main aviation 
corridors for pilot training, which was originally included in 
title 49 by Vision 100. Subsection (c) authorizes $6 million in 
each of FYs 2009-2012 to be appropriated to the Secretary, from 
the Trust Fund, to fund airline data collection and analysis by 
the Bureau of Transportation Statistics in the Research and 
Innovative Technology Administration of the DOT.

Sec. 104. Research and development

    Amends existing law and authorizes $212,929,000 for FY 
2009; $214,587,000 for FY 2010; $225,993,000 for FY 2011; and 
$244,860,000 for FY 2012.

Sec. 105. Funding for aviation programs

    This section modifies the formula that determines the 
amount to be made available from the Trust Fund each year to 
fund the FAA. The modification proposed by this section is 
necessary to maintain a positive Trust Fund balance despite 
over-optimistic revenue forecasts.
    The uncommitted cash balance in the Trust Fund has declined 
dramatically in recent years. At the end of FY 2001, the 
uncommitted cash balance was $7.3 billion. For FY 2009, the 
uncommitted balance is projected to be approximately $800 
million.
    This decline in the Trust Fund's uncommitted balance is due 
to over-optimistic revenue projections, combined with a 
statutory requirement to appropriate from the Trust Fund an 
amount that is equal to those revenue projections.
    The current statutory formula requires that estimated Trust 
Fund receipts each year must equal Trust Fund expenditures. 
Under these conditions, the Trust Fund balance should remain 
stable. However, the Trust Fund revenue estimates included in 
the President's budget for the past seven years were overly 
optimistic; such that the amounts appropriated from the Trust 
Fund (based on those estimates) exceeded the amounts actually 
deposited into the Trust Fund, resulting in declines in the 
uncommitted cash balance.
    To mitigate the effect of over-optimistic revenue 
projections in the future, this section modifies the statutory 
formula to make available from the Trust Fund an amount equal 
to 90 percent of the estimated revenues, rather than 100 
percent, until the actual level of revenues received for that 
year are known. Once actual revenues are known, a ``look back'' 
adjustment compares the actual revenues received by the Trust 
Fund to the amounts made available from the Trust Fund for that 
year, and the difference between the two is applied as an 
adjustment to the amount made available from the Trust Fund for 
the current budget year. This change would provide greater room 
for error in revenue estimates until the actual level of 
revenues received for that year is known, and an adjustment is 
made to reconcile actual amounts deposited to the Trust Fund 
with actual amounts appropriated from it. Given recent revenue 
estimates, a 10 percent margin of error is necessary. A year 
ago, FY 2009 revenues were estimated to be $13.04 billion, but 
are now estimated to be $11.68 billion, a decrease of 
approximately 10 percent. This change will ensure the Trust 
Fund balance remains more stable in the future.

                 Subtitle B--Passenger Facility Charges


Sec. 111. PFC authority

    This section provides for an increase in the PFC from the 
current maximum of $4.50 to $7.00, a change that reflects not 
only the impact of inflation since the last statutory increase, 
but is also intended to help airports meet increased capital 
needs identified in the FAA's latest NPIAS. This section 
continues the pilot program for PFC collection at non-hub 
airports, and also changes the word ``fee'' to ``charge'' 
throughout title 49.

Sec. 112. PFC eligibility for bicycle storage

    To facilitate intermodal access to airports by bicycle, 
this section expands PFC eligibility for secure bicycle storage 
facilities. It also requires the FAA to submit a report to 
Congress on the progress being made by airports to install 
bicycle parking for both airport customers and for airport 
employees.

Sec. 113. Award of architectural and engineering contracts for airside 
        projects

    This section requires Qualifications Based Selection (QBS) 
to be used to select planning, architectural, and engineering 
contracts for any airside project funded by PFC. QBS is an 
open, competitive procurement process where firms compete on 
the basis of qualifications, past experience, and the specific 
expertise they can bring to the project. QBS is currently 
applicable to planning, architectural, and engineering 
contracts that utilize AIP funding. Many airports use a mixture 
of PFC and AIP funds for airside projects.

Sec. 114. Intermodal ground access project pilot program

    Under current law, PFCs may be used to fund intermodal 
ground access projects and facilities only if they are on 
airport property and dedicated 100 percent to airport use. This 
section creates a pilot program allowing up to five airports to 
use PFCs to fund ground access projects, applying more flexible 
standards than currently in place for airport revenue funding 
of these projects, i.e., that these projects are on airport 
property and are ``directly and substantially'' related to 
airport use. In addition, the amount of PFC revenues that can 
be dedicated to these projects is constrained by limiting the 
percentage of total project costs that may be funded by PFCs to 
the percentage of individuals using the project to gain access 
to the airport.

Sec. 115. Impacts on airports of accommodating connecting passengers

    This section requires the Secretary to study the costs 
imposed by originating and destination (O&D) passengers on an 
airport compared with the cost imposed by connecting 
passengers. It also requires the Secretary to report the 
results of the study to Congress within one year, and to 
recommend any appropriate changes to the PFC program, including 
whether different levels of PFC should be imposed on connecting 
passengers and O&D passengers.

                   Subtitle C--Fees for FAA Services


Sec. 121. Update on overflights

    This section directs the Administrator of the FAA 
(Administrator) to update, by May 1, 2010, the overflight fee 
rates that are currently charged to operators of aircraft that 
fly in U.S.-controlled airspace, but neither take off nor land 
in the United States, to ensure that the fees reflect the FAA's 
current cost of providing services to such flights. These fees 
were initially authorized by the Federal Aviation 
Reauthorization Act of 1996 (P.L. 104-264), and the rates 
currently in effect are identical to those originally 
established by the FAA's final rule on overflight fees in 2001 
(14 C.F.R. Sec. 187 Appendix B (2008)).

Sec. 122. Registration fees

    This section requires the Administrator to impose fees to 
pay for the costs of eleven listed activities in the areas of 
certification and registration, including: registering or 
replacing an aircraft registration; issuance of aircraft 
certificates; issuance of special registrations; recording 
security interests; replacing or issuing airman certificates; 
and legal opinions for aircraft registration or recordation.
    Subject to appropriation made in advance, fees authorized 
under this section shall be collected and credited as 
offsetting collections to the account that finances the 
activities and services for which the fee is imposed.
    The initial fee rates specified in this section reflect the 
FAA's current costs of providing each service. The FAA shall 
periodically adjust the fees established in this section when 
cost data 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.
    A conforming change is made to section 45302 of title 49. 
Existing authority to collect certain similar fees pursuant to 
section 45302 is limited to any period in which a fee for the 
same service or activity is not imposed under section 45305.

                     Subtitle D--AIP Modifications


Sec. 131. Amendments to AIP definitions

    Subsection (a) makes several amendments to section 47102 to 
update and add terms that are used in the AIP. The first 
amendment conforms the definition of airport development 
relating to firefighting and rescue equipment with a recent 
final rulemaking for airport certification requirements for 
airports serving scheduled air carrier operations in aircraft 
designed for more than 9 (not 20 as in current law) passenger 
seats, but less than 31 passenger seats; broadens the 
definition of airport development to include mobile fuel truck 
containment systems at a non-primary airport, if such systems 
are required by an Environmental Protection Agency (EPA) rule; 
and adds a reference to the definition of ``terminal 
development'' as part of technical amendments to consolidate 
several statutory provisions relating to terminal development. 
In addition, this section adds as an eligible use of AIP funds 
the acquisition and installation of facilities and equipment to 
provide air conditioning, heating or electric power from 
terminal-based, non-exclusive use facilities to aircraft parked 
at an airport to reduce emissions and energy consumption.
    Subsection (b) allows AIP funds to be used to develop an 
environmental management system. Subsection (c) adds a 
definition of ``general aviation airport.'' Subsection (d) adds 
a definition of ``revenue producing aeronautical support 
facilities,'' which is referenced in section 47110 (allowable 
project costs) so that nonprimary airports may use their 
entitlements to build or rehabilitate new facilities that can 
help generate revenue. The expansion of the definition allows 
more flexibility to build these facilities. Subsection (e) adds 
a definition of ``terminal development'' consistent with 
current statutory provisions.

Sec. 132. Solid waste recycling plans

    This section requires that airport master plans address the 
feasibility of solid waste recycling. The Secretary may approve 
a grant for an airport project only if he is satisfied that the 
airport has a master plan that addresses the feasibility of 
solid waste recycling at the airport and minimizes the 
generation of solid waste at the airport. This section also 
broadens the definition of airport planning to include solid 
waste recycling plans.
    Airlines and airports generate vast amounts of waste and 
many lack sufficient recycling programs. Airport recycling 
programs have the potential to save money, promote the 
sustainable use of resources, and provide substantial 
environmental benefits, such as reduced generation of solid 
waste. Under this section, airports will be able to utilize AIP 
funding for the establishment of recycling programs and 
planning projects. Accordingly, the Committee believes airports 
should establish, increase, and enhance recycling efforts--in 
conjunction with the airlines--and incorporate a formal plan 
for promoting recycling and minimizing the generation of 
airport solid waste in their respective master plans.

Sec. 133. Amendments to grant assurances

    This section changes two provisions related to required 
grant assurances (section 47107) for AIP projects. First, a 
limited exception is allowed to permit an airport owner to use 
AIP entitlement funds to move or replace a facility when the 
need to relocate or replace it is beyond the owner's control 
(such as new design standards that render the facility a safety 
hazard), a change from current law that requires the airport 
owner to bear the full cost of such a relocation.
    Second, the section changes the disposition of proceeds 
from the sale of land that an airport acquired for a noise 
compatibility purpose, but no longer needs for that purpose. 
Current law requires that the Federal Government's proportional 
share of the sale proceeds be reinvested in an approved noise 
compatibility project at that airport, if prescribed by the 
Secretary, or returned to the Trust Fund for reinvestment in 
other airport development or airport planning projects. This 
change further prescribes the use of the Government's share of 
the proceeds, giving priority, in descending order, to the 
following: reinvestment in another noise compatibility project 
at the airport; reinvestment in another environmentally-related 
project at the airport; reinvestment in another otherwise 
eligible AIP project at the airport; transfer to another public 
airport for a noise compatibility project; and finally, payment 
to the Trust Fund.

Sec. 134. Government share of project costs

    This section makes a change to current requirements for the 
Federal Government's matching share of AIP project costs. In 
general, current law (section 47109) provides that the Federal 
share of project costs is 75 percent at a medium- or large-hub 
airport; not more than 90 percent for a project funded under 
the State Block Grant program; and 90 percent at any other 
airport. A special rule is added to allow for small-hub 
airports that have increased operations and are reclassified as 
medium-hub airports to retain, for two years, their eligibility 
for up to a 90 percent Federal share of project costs, instead 
of the 75 percent Federal share of project costs otherwise 
required for medium-hub airports.
    In addition, subsection (f) would add a special rule to 
reduce the local share of project costs from 10 percent to five 
percent for certain economically depressed communities. To be 
eligible under this special rule, a community must be receiving 
subsidized air service under the EAS program and have one of 
the following economic conditions, as determined by the 
Secretary of Commerce: (1) a per capita income of 80 percent or 
less of the national average; (2) an unemployment rate that is 
at least one percent greater than the national average; or (3) 
a special need arising from actual or threatened severe 
unemployment or economic adjustment problems. These economic 
criteria are the same as the criteria used by the Economic 
Development Administration of the U.S. Department of Commerce 
to determine eligibility for assistance under economic 
development programs.

Sec. 135. Amendments to allowable costs

    Current law (section 47110) provides that most AIP-eligible 
projects lose their grant eligibility if development work is 
undertaken before an AIP grant is awarded. Because most FAA AIP 
discretionary grants are awarded between July and September 
(after FAA determines how much AIP entitlement funding can be 
converted temporarily to discretionary grants within that 
fiscal year), this process disadvantages AIP-eligible projects 
in states that have shorter construction seasons than other 
parts of the nation. Subsection (a) amends section 47110(b)(2) 
by adding a new subparagraph (D) that extends project grant 
eligibility until the end of the fiscal year in which work 
begins on otherwise AIP-eligible projects if the Secretary 
determines that: the cost was incurred before the execution of 
the grant agreement due to a short construction season; the 
cost is in accordance with an airport layout plan approved by 
the Secretary; the sponsor notifies the Secretary before 
authorizing work to commence on the project; and the sponsor's 
decision to proceed with the project in advance of a grant 
agreement does not affect its priority for allocation of funds.
    Subsection (b) adds a new subsection (d) to section 47110 
relating to the relocation of airport-owned facilities, making 
such relocation an allowable cost if: the Government's portion 
will be paid with AIP funds apportioned to the airport sponsor; 
the Secretary determines the relocation or replacement is due 
to a change in design standards; and the Secretary determines 
the change is beyond the sponsor's control.
    According to the FAA, this section is necessary to correct 
discrimination between sponsor-owned facilities that must be 
relocated and facilities owned by third parties. The current 
eligibility rules permit AIP funds to pay for the relocation or 
reconstruction of facilities that must be moved to meet FAA 
design standards if they are owned by third parties. If the 
facilities are owned by the airport sponsor, only demolition 
costs may be paid for with AIP. FAA states that there is no 
reason to differentiate between AIP eligibility based on 
ownership of the facilities if the facilities meet FAA design 
standards that were in effect at the time the facilities were 
first constructed.
    Subsection (c) clarifies that while nonprimary airports may 
use AIP funds for revenue-producing aeronautical facilities, 
such use is limited to the construction of those facilities.

Sec. 136. Uniform certification training for airport concessions under 
        Disadvantaged Business Enterprise Program

    Current law (section 47107(e)) requires that before the 
Secretary may approve an airport project grant application, the 
airport must make written assurances that the airport owner or 
operator will take necessary action to ensure to the maximum 
extent practicable at least ten percent of all businesses 
selling concession products or providing concession services at 
the airport are small business concerns owned and operated by 
socially and economically disadvantaged individuals defined by 
section 47113(a) (or are qualified Hub-Zone Small Businesses as 
defined in section 3(p) of the Small Business Act). This 
section requires the Secretary to establish, not later than one 
year after the date of enactment, a mandatory program to train 
airport owners and operators on how to properly certify whether 
small businesses in airport concessions qualify as a small 
business concern owned and operated by socially and 
economically disadvantaged individuals. Twenty-four months 
after the date of enactment, the Secretary shall submit a 
report to Congress on the results of the training program.
    The Committee believes that the certification training 
mandated by the bill will benefit both airport operators and 
business owners. Given the importance of the disadvantaged 
business enterprise (DBE) program, the Committee recommends 
that DOT consider including a requirement for annual basic DBE 
program training for relevant airport staff as part of an 
approved DBE program. The Committee also urges DOT to take 
steps to facilitate greater reciprocity among states with 
respect to certification. In addition, the Committee wishes to 
emphasize the importance of the DBE Program Liaison Officer in 
administering the DBE program and the importance of the rules 
requiring a direct reporting relationship to the Chief 
Executive Officer of the airport.
    Congress has long been concerned about the need to remedy 
discrimination against businesses owned by women and minorities 
in aviation-related industries. Toward this end, the Congress 
enacted and has maintained a disadvantaged business enterprise 
program (49 U.S.C. Sec. 47107(e)) for airports receiving AIP 
project grants. This program currently applies both to airport 
contracting activities and to airport concessions arrangements. 
H.R. 915 retains these provisions of current law because, 
notwithstanding some progress, both current discrimination and 
the present day effects of past discrimination are still 
prevalent in airport contracting. The Committee held a 
comprehensive hearing on this issue on March 26, 2009. Through 
that hearing, witness testimony, and its ongoing oversight 
work, the Committee has collected and reviewed more than 30 
highly detailed disparity studies documenting such 
discrimination from airports (and other transportation agencies 
with similar contracting needs) from across the country and is 
receiving new studies as they are identified and produced. 
These studies contain both statistical and anecdotal evidence 
and demonstrate that, in every region of this country, 
minority- and women-owned contractors who are vital to airport 
construction and operation confront discrimination. The studies 
represent extensive and compelling evidence that the DBE 
program is still needed to address discrimination in aviation-
related contracting.
    The Committee has paid careful attention to the 
constitutional litigation that has surrounded minority 
contracting programs, in general, and the DOT's DBE program, in 
particular. The Committee notes that, to date, every Federal 
court that has examined the merits of the DOT DBE program has 
determined that the DBE program and its regulations are 
constitutional. The Committee also notes that the DOT has 
worked diligently to craft regulations (49 C.F.R. parts 23 and 
26), to ensure that the DBE program and the Airport Concessions 
Disadvantaged Business Enterprise (ACDBE) program are narrowly 
tailored to address discrimination against small, socially- and 
economically-disadvantaged businesses. Among other things, 
these regulations require the use of race-neutral mechanisms to 
level the playing field and only allow the use of race-
conscious mechanisms when race-neutral mechanisms alone are 
insufficient to level the playing field. The regulations also 
strictly prohibit quotas and require airports to both 
periodically reexamine any race-conscious goals utilized and 
submit their program goals to the FAA for review. In addition, 
the regulations ensure that white males who are socially and 
economically disadvantaged are permitted to participate in the 
program.

Sec. 137. Preference for small business concerns owned and controlled 
        by disabled veterans

    This section creates a preference for the use of disabled 
veteran-owned small businesses in carrying out airport 
development projects under AIP.

Sec. 138. Minority and Disadvantaged Business Participation

    This section adjusts the personal net worth (PNW) cap for 
the DBE program as it relates to airport construction projects 
and airport concessions. To be certified as a DBE (for airport 
contracting) or an ACDBE an individual business owner must be 
economically disadvantaged. Currently, to be considered 
economically disadvantaged, a business owner must, among other 
requirements, have a PNW that does not exceed $750,000, 
excluding the equity in the individual's primary residence and 
the value of their ownership interest in the firm seeking 
certification. Individuals seeking an ACDBE certification may 
exclude other assets that the individual can document are 
necessary for the initiation or expansion of his or her ACDBE 
firm, up to a maximum of $3 million. This provision would 
adjust the PNW cap for inflation for the programs, making an 
initial adjustment to correct for the impact of inflation since 
the cap was originally imposed by the Small Business 
Administration in 1989, and then making annual adjustments 
thereafter.

Sec. 139. Calculation of state apportionment fund

    Currently, states are entitled to 20 percent of AIP funds 
for their general aviation airports and commercial service non-
primary airports, which are distributed to states through the 
State Apportionment Program and directly to non-primary 
airports in those states through the Non-primary Entitlement 
Program (NPE). This section separates the AIP state 
apportionment from the NPE program (which is kept intact as a 
separate program) and sets the state apportionment at 10 
percent of total AIP funding. The NPE entitlement funding 
remains intact at $150,000 per airport. The bill also provides 
for a minimum State Apportionment Program funding level of $300 
million per year.

Sec. 140. Reducing apportionments

    Airports that have high passenger volumes are in a position 
to receive more funding through a PFC rather than accepting AIP 
funding. Under current law (section 47114(f)), if a medium- or 
large-hub airport charges a PFC of $3.00 or less, it must 
forego up to 50 percent of its primary AIP entitlement. If one 
of these airports charges a fee greater than $3.00, it must 
forego 75 percent of its primary AIP entitlement. The foregone 
entitlements are turned back into the AIP and divided between 
discretionary AIP (12.5 percent) and the Small Airport Fund 
(87.5 percent), which is distributed primarily to non-hub and 
general aviation airports. This section requires a large-hub 
airport that charges a PFC greater than $4.50 to turn back 100 
percent of its AIP primary entitlement funding.

Sec. 141. Minimum amount for discretionary fund

    This section increases the minimum amount of the AIP 
discretionary fund and eliminates an obsolete formula. Current 
law sets that minimum at $148 million plus a calculated amount 
based on Letters of Intent prior to January 1, 1996. This 
section would, instead, set the minimum amount at $520 million. 
This increase is necessary to cover Letter of Intent 
commitments (approximately $280 million per year) and high 
priority safety and capacity projects (exclusive of the noise 
and environmental set-aside projects), which include 
statutorily mandated runway safety area improvement projects.

Sec. 142. Marshall Islands, Micronesia and Palau

    This section reauthorizes a section in Vision 100 that 
makes the sponsors of airports located in the Republic of the 
Marshall Islands (RMI), the Federated States of Micronesia 
(FSM) and Palau eligible for AIP discretionary grants and 
funding from the Small Airport Fund. These three independent 
nations were formerly part of the Trust Territory of the 
Pacific Islands, a United Nations trusteeship administered by 
the U.S. Navy from 1947 to 1951 and by the U.S. Department of 
the Interior from 1951 to 1994. The United States subsequently 
entered into a Compact of Free Association with each of them, 
under which the United States recognizes them as sovereign 
nations, but maintains responsibility for their defense and 
provides certain financial assistance. In 2003, the Compacts 
for the RMI and FSM were renewed for 20 years. The Compact for 
Palau is subject to a bilateral review to be completed in 2009. 
All three of these nations have requested that their 
eligibility to receive AIP funds be extended.

Sec. 143. Use of Apportioned amounts

    This section amends section 47117 by changing the 
discretionary environmental set-aside from 35 percent of annual 
AIP discretionary to a flat $300 million a year, an increase of 
$15 million over previous appropriations. This section also 
allows these AIP funds to be used for projects needed to comply 
with the requirements of the Clean Water Act.

Sec. 144. Sale of private airport to public sponsor

    This section amends section 47133 (restriction on use of 
revenue) to facilitate the sale of a private airport, which has 
in the past received AIP funds for improvement projects, to a 
public entity such as a state or local government. If a private 
owner wishes to dispose of the airport, a sale to a public 
sponsor usually benefits the airport through more stable and 
reliable ownership. Under current law, if an owner of a private 
airport sells to a public entity, the proceeds of the sale must 
be treated as airport revenue with all the restrictions that 
attach to such a characterization. While this protects airport 
revenue, it also prevents a private owner from recovering his 
or her own private capital that has been invested in the 
airport. In other words, current law treats the private owner's 
capital as if it were public and to be used only for airport 
purposes. By creating an exception to such treatment, this 
section facilitates these sales without undermining revenue 
diversion protections. Specifically, this section establishes 
three criteria that must be met for the private owner to be 
able to recover his or her own private capital from the sale 
proceeds: (1) the sale must be approved by the Secretary; (2) 
funding for the public sponsor's acquisition of the airport 
land is provided by the AIP or PFC programs; and (3) the 
private owner has repaid the remaining unamortized portion of 
any AIP grant made to that airport for purposes other than land 
acquisition, plus an amount equal to the Federal share of the 
current fair market value of any land acquired with an AIP 
grant made to that airport. The amendments made by this section 
are applicable to grant assistance provided to private airports 
on or after October 1, 1996.
    Section 144 is intended to facilitate the sale of private 
airports to public entities under certain conditions. These 
conditions include a requirement that any unamortized portion 
of AIP grants received by the private airport be repaid to the 
Secretary. The AIP grants that must be repaid are those made 
after October 1, 1996.

Sec. 145. Airport Privatization Pilot Program

    Current law (section 47134) contains specific provisions 
for issuance of exemptions in connection with a transfer of 
airport operation to a private owner. This section authorizes 
the Secretary to exempt the selling airport sponsor from the 
revenue diversion prohibition if at least 75 percent of the 
scheduled air carriers at a primary airport approve of the sale 
or lease proceeds going ``off-airport''--a 10 percent increase 
over the current 65 percent. Further, at non-primary airports, 
the exemption would also be based on approval of at least 75 
percent of the based-aircraft owners--also a 10 percent 
increase over current law. It also would require approval of 
fee increases above the rate of inflation by 75 percent of the 
carriers serving the airport instead of 65 percent. Finally, it 
would terminate apportionment of both entitlement and 
discretionary AIP funds for airports that receive an exemption 
for privatization.

Sec. 146. Airport Security Program

    This section amends section 47137 to allow the FAA more 
flexibility to award a grant, contract, or other agreement for 
security technology research, to a consortium composed of 
public and private persons, including an airport sponsor. The 
provision also reiterates the DOT's and other agencies' 
obligation to cooperate and provide technical expertise as 
needed to administer the program, while the DOT retains overall 
program oversight and funding responsibility. The provision 
specifies that the award designee be a nonprofit consortium 
with at least 10 years of demonstrated experience in testing 
and evaluating anti-terrorist technologies at airports. The 
annual authorization for this program is increased from $5 
million to $8.5 million. This provision was originally included 
in title 49 by AIR 21, and amended by Vision 100.

Sec. 147. Sunset of pilot program for purchase of airport development 
        rights

    Section 47138, enacted as part of Vision 100, established a 
pilot program (for a maximum of 10 airports) to allow grants to 
a state (or political subdivision of a state) to help purchase 
the development rights related to a privately owned, public use 
airport, so as to help keep an airport open and operating. The 
FAA states that this has not been a successful pilot program 
and this section sunsets the authority at the end of FY 2008.

Sec. 148. Extension of grant authority for compatible land use planning 
        and projects by state and local governments

    Section 47141, which was enacted as part of Vision 100, 
authorizes grants to states and local governments to support 
planning and projects with a goal of reducing non-compatible 
land uses around airports. Due to a slow start-up for the 
program, only two grants have been made so far. To test this 
concept further, this section extends this authority through FY 
2012.

Sec. 149. Repeal of limitations on Metropolitan Washington Airports 
        Authority

    This section repeals the limitations on the Metropolitan 
Washington Airports Authority, which oversees both Washington 
National Airport and Washington Dulles International Airport, 
to apply for AIP grants and collect PFCs.

Sec. 150. Midway Island Airport

    This section provides a four-year extension of the current 
Vision 100 authorization, for the Secretary to enter into a 
reimbursable agreement with the Secretary of the Interior to 
provide AIP discretionary funds (at a maximum level of $2.5 
million per FY) for airport development projects at Midway 
Island Airport through FY 2012. Midway Island is critical to 
the safety of flights over the Pacific Ocean.

Sec. 151. Puerto Rico minimum guarantee

    As an island, the Commonwealth of Puerto Rico is heavily 
reliant on aviation for its economy, travel, and sustainment. 
The outlying islands of Vieques and Culebra are similarly, if 
not more so, dependent on aviation for their supplies and 
economy.
    The Commonwealth has suffered economic hardship stemming 
from the relatively recent closure of Roosevelt Roads Naval 
Station estimated to be nearly $1 billion in lost economic 
activity over three years. The Puerto Rico Port Authority has 
planned for the future use of the Roosevelt Roads airfield as 
an international airport, which will require substantial 
airport capital investment.
    Puerto Rico currently receives $10.6 million in annual FAA 
AIP entitlement funding. According to the FAA's NPIAS, Puerto 
Rico's AIP-eligible airport infrastructure needs total $194 
million over the next five years. This section creates a 
special set-aside for Puerto Rico, similar to Alaska, to meet 
the Commonwealth's special needs. Puerto Rico is guaranteed 1.5 
percent of AIP entitlement funding, which would provide an 
additional $8.34 million in AIP funding annually.

Sec. 152. Miscellaneous amendments

    This section makes a number of amendments to chapter 471 to 
update or clarify sections.
    Subsection (a) makes technical changes to section 47103, 
the NPIAS, to remove obsolete language and update the section 
to conform to what the FAA is currently including in the NPIAS. 
For example, the NPIAS includes only categories of airports. 
The language in section 47103(a) that references ``each 
airport'' is deleted in favor of a reference to the ``airport 
system''. Similarly, further amendments to section 47103(a) 
reflect that the NPIAS does not try to forecast trends in other 
transportation sectors, but instead forecasts how airports 
connect to other modes of transportation (e.g., an airport and 
a public transit system). Section 47103(b) is amended to delete 
two references that are obsolete: the NPIAS does not consider 
how tall structures reduce safety and capacity (that is done 
under a separate FAA order), and the NPIAS no longer takes into 
account Short/Takeoff and Landing operations. Finally, section 
47103(d) clarifies that the NPIAS must be published every two 
years, instead of just the ``status'' of the plan.
    Subsection (b) adds veterans from the current Afghanistan/
Iraq conflict to the definition of those veterans eligible for 
employment preference on AIP projects.
    Subsection (c) consolidates in one section (section 47119), 
without substantive change, language on terminal development 
costs by moving the current text of section 47110(d), regarding 
terminal development costs, to section 47119 as a new 
subsection (a), and re-designating the existing sections 
accordingly. This subsection also adds a new subsection (f) to 
section 47119, which caps at $20 million the amount of 
discretionary AIP funds that could support terminal development 
projects at non-hub or small-hub primary airports. Today, there 
is no limit on the amount of discretionary funds that may be 
used on a terminal at non-hub airports. The FAA found that some 
communities and airports overbuild their terminals, but that a 
$20 million cap (after normalizing for inflation) allows an 
airport to build a suitable terminal building. This subsection 
does not preclude airports from supplementing a terminal 
project with PFCs, entitlement or local funds.
    Subsection (d) conforms the requirements for the annual 
report on AIP to current practice for the submission and its 
contents.
    Subsection (e) corrects an inaccurate cross-reference in 
section 47139 (enacted by Vision 100), under which an airport 
is able to ``bank'' emissions credits when the airport does air 
quality work that is not required, but is ``surplus''. However, 
section 47139 references section 47102(3)(F), which is required 
air quality work, not surplus work.
    Subsection (f) makes a conforming amendment to section 
46301 (FAA civil penalty assessment authority) to clarify that 
the FAA has civil penalty assessment authority regarding 
violations of section 46319, which was added by Vision 100 and 
provides for a $10,000 per day civil penalty for permanently 
closing an airport listed in the NPIAS, without 30 days notice 
to the FAA.
    Subsection (g) makes other conforming amendments and 
technical corrections related to terminal development.
    Subsection (h) removes restrictive language added by Vision 
100 that was intended to address concerns over disposal of land 
due to particular military base closures occurring at that 
time. Removal of the obsolete restriction will add to the FAA's 
effort to support the conversion of unused military airports to 
civilian use.
    Subsection (i) provides for a reference to updated versions 
of the FAA's Airport Capacity Benchmark reports (not just the 
original 2001 report).

Sec. 153. Airport master plans

    This section requires the Secretary to encourage airports 
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

    This section highlights the need for the Next Generation 
Air Transportation System (NextGen) to accommodate the 
significant forecasted growth of aviation in the United States 
(approximately one billion U.S. passengers in the next seven to 
12 years). This section also highlights the important safety, 
national security, and economic benefits of NextGen and 
stresses the need for a coherent, integrated long-term plan.

Sec. 202. Next Generation Air Transportation System Joint Planning and 
        Development Office

    This section elevates the Director of the Joint Planning 
and Development Office (JPDO) to the status of Associate 
Administrator for the NextGen within the FAA. It also makes the 
Associate Administrator a voting member of the Joint Resources 
Council, the FAA's decision making body for major acquisitions. 
The FAA is also required to publish annually a NextGen 
Implementation Plan document that provides a description of how 
the FAA is implementing NextGen including a description of 
potentially significant operational or workforce changes.
    This section also requires NextGen partner agencies to 
designate senior officials responsible for carrying out NextGen 
activities at their respective agencies. In addition, the JPDO 
is required to develop an Integrated Work Plan that will 
outline the activities required by partner agencies to achieve 
NextGen. Further, this section requires the JPDO to coordinate 
NextGen activities with the Office of Management and Budget.

Sec. 203. Next Generation Air Transportation Senior Policy Committee

    This section requires the NextGen Senior Policy Committee 
to meet at least twice each year. It also requires the 
Secretary to submit an annual report on the status of Cabinet 
agencies, progress in implementing the NextGen Integrated Work 
Plan.

Sec. 204. Automatic dependent surveillance-broadcast services

    On August 30, 2007, the FAA awarded a performance-based 
service contract for Automatic Dependent Surveillance-Broadcast 
(ADS-B) services to a consortium led by ITT Corporation. 
Instead of adopting a more traditional acquisition strategy for 
ADS-B, whereby the FAA would own, operate, and maintain the 
system, the FAA has opted for a service contract approach, 
whereby the ITT team will build the ADS-B ground stations and 
own and operate the equipment. The FAA will pay subscription 
charges for ADS-B broadcasts transmitted to properly equipped 
aircraft and ATC facilities. The total value of the contract, 
which has a number of options extending through 2025, is $1.86 
billion.
    This section requires the FAA to submit a report detailing 
the Administration's plans and schedule for integrating ADS-B 
into the National Airspace System (NAS). In addition, this 
section requires the FAA to insert provisions into the contract 
that protect the Federal Government's interest, such as: 
requiring FAA's approval before the contract is assigned to or 
assumed by another entity, including any successor entity, 
subsidiary of the contractor, or other corporate entity; 
designating the assets, equipment, hardware and software used 
in the performance of the contract as critical to national 
infrastructure for national security; requiring the contractor 
to provide continued broadcast services for a reasonable period 
until the provision of such services can be transferred to 
another vendor or to the Government in the event of termination 
or material non-performance of the contract; and permitting the 
Government to acquire or utilize the assets, equipment, 
hardware and software necessary to assure the continued and 
uninterrupted provision of ADS-B services for reasonable 
compensation.
    In addition, the ADS-B Aviation Rulemaking Committee (ARC) 
formed by the FAA recommended that the FAA establish a forum to 
determine those areas outside of the original contract of 794 
ground stations that may provide increased benefits to NAS 
operators. The ARC specified that areas where no coverage 
exists today may provide the most relative value and safety 
increases to the existing surveillance infrastructure. The 
Committee is aware that the FAA is currently working with ITT 
to optimize the geographic location of the 794 ground stations 
including locating en-route stations at general aviation 
airports. These ground stations will ensure surveillance 
capabilities beyond today's radar environment. However, the 
Committee believes there may be opportunities to expand 
coverage, introduce new capabilities, and enhance safety 
through additional ground stations and looks forward to FAA's 
review of such options in the report required by this section.
    This section also requires an annual audit of the ADS-B 
program by the DOT Inspector General (DOT IG).
    The Committee also believes it is important to do research 
into human factors problems related to the integration of ADS-B 
technology into the NAS. The Committee recommends the 
establishment of an ADS-B aviation working group composed of 
avionics engineers, pilots, flight instructors, air traffic 
controllers, scientists, and educators working in collaboration 
with National Aeronautics and Space Administration (NASA) and 
FAA scientists to identify, or confirm, and resolve human 
factors problems related to ADS-B, such as pilot difficulties 
and errors.

Sec. 205. Inclusion of stakeholders in air traffic control 
        modernization projects

    This section requires the FAA to establish a process for 
including and collaborating with qualified employees selected 
by each impacted exclusive collective bargaining representative 
in the planning, development and deployment of ATC 
modernization projects, including NextGen. In addition, the FAA 
is required to report on the implementation of this section 
within six months.

Sec. 206. GAO review of challenges associated with transforming to the 
        Next Generation Air Transportation System

    This section requires the Government Accountability Office 
(GAO) to conduct a study to evaluate current processes and 
acquisitions under ATC modernization, and assess collaboration 
and contributions of partner agencies working with the JPDO. 
GAO will also assess challenges to working with stakeholders, 
roadmaps, organizational structure, transitional planning, and 
other issues of interest.

Sec. 207. GAO review of Next Generation Air Transportation System 
        acquisition and procedures development

    This section requires GAO to conduct a study to analyze 
acquisition of specific systems identified for implementation 
under NextGen, including: En Route Automation Modernization 
(ERAM); Standard Terminal Automation Replacement System/Common 
Automated Radar Terminal System (STARS/CARTS); ADS-B; System 
Wide Information Management (SWIM); and Traffic Flow Management 
Modernization (TFM-M). The study should assess the progress and 
challenges relating to standards, regulations, and procedures 
for NextGen as well as required navigation performance, area 
navigation, the airspace management program and other relevant 
transformational needs. Reports are to be submitted 
periodically to the congressional committees of jurisdiction.

Sec. 208. DOT Inspector General review of operational and approach 
        procedures by a third party

    This section requires the DOT Inspector General (DOT IG) to 
assess the FAA's reliance on third parties (as opposed to FAA 
Aviation Safety System technicians) for the development of new 
operational and approach procedures, and determine the FAA's 
ability to provide oversight. It also clarifies that the DOT IG 
is to examine third party developed ``public use'' procedures 
(developed by FAA for use by all users) in addition to special 
use procedures (customized proprietary procedures for the use 
of one user or shared among several users). In addition, this 
section requires the DOT IG to assess whether sufficient 
mechanisms and staffing are in place to provide safety 
oversight functions that may include: quality assurance 
processes, flight checks, integration of procedures into the 
NAS, and operational assessment of procedures developed by 
third parties. It will also analyze whether the FAA can perform 
the same work safely without third party assistance.

Sec. 209. Expert review of enterprise architecture for Next Generation 
        Air Transportation System

    This section requires the National Research Council (NRC) 
to review NextGen's technical blueprint, the Enterprise 
Architecture, to highlight the activities that will be 
necessary to transition successfully to NextGen, assess 
technical, cost and schedule risk for software development 
associated with NextGen, and include judgments on how such 
risks can be mitigated. The NRC shall report to the 
Administrator. The Administrator shall submit a report to 
Congress within one year of the date of enactment.
    GAO has reported that the lack of stakeholder or expert 
involvement early and throughout the development and 
implementation of ATC modernization projects has been a key 
factor leading to cost overruns and delays. Therefore, the 
Committee recommends that the NRC seek the input of 
stakeholders, including employees selected by each exclusive 
collective bargaining representative of FAA employees who are 
likely to be impacted by the planning, development and 
deployment of ATC modernization projects, including NextGen.

Sec. 210. NextGen technology testbed

    This section establishes a public-private partnership to 
explore airport-based testing for existing NextGen 
technologies. NextGen ATC integrated systems shall be installed 
at a site that serves a mix of general aviation and commercial 
aircraft for demonstration, operational research, and 
evaluation.

Sec. 211. Clarification of authority to enter into reimbursable 
        agreements

    This section amends 49 U.S.C. Sec. 106(m), to clarify the 
FAA's authority under that section (along with the FAA's broad 
contract authority under section 106(l)(6)) to enter into 
reimbursable interagency agreements. This change is necessary 
to correct any confusion resulting from language added to 
section 106(m) by Congress after the terrorist attacks of 
September 11, 2001. Congress added the last sentence in section 
106(m) to expressly allow FAA to provide services and equipment 
to other agencies ``without reimbursement.'' This provision was 
intended, for example, to allow FAA to provide services and 
personnel to the newly created Transportation Security 
Administration, without reimbursement. Such language was never 
intended to alter FAA's pre-existing authority to enter into 
interagency agreements that required reimbursement. This 
section makes it clear that the FAA may perform work for other 
agencies ``with or without'' reimbursement.

Sec. 212. Definition of air navigation facility

    This section updates and broadens the definition of an air 
navigation facility to clarify that F&E funding may be used for 
many capital expenses directly related to the acquisition or 
improvement of buildings, equipment, and new systems related to 
the NAS and NextGen. In addition, certain NextGen-related 
acquisitions, such as a service contract to develop security 
protocols for the FAA's internet-like SWIM program, may not 
completely fit under the current definition of air navigation 
facilities.

Sec. 213. Improved management of property inventory

    This section amends section 40110(a) to make it clear that 
the FAA's current authority to purchase and sell property 
needed for airports and air navigation facilities includes the 
authority to retain funds associated with disposal of property. 
Currently, because of costs associated with disposal (e.g., 
demolition, environmental audits, and asbestos abatement), some 
extraneous properties and equipment (e.g., non-directional 
beacons, radars, and outer markers) remain in the FAA's active 
inventory for long periods of time unnecessarily. Clarifying 
that the FAA has the authority to retain proceeds from the sale 
of property allows the FAA to cover the costs of disposal and 
facilitates shutting down extraneous equipment.

Sec. 214. Clarification to acquisition reform authority

    This section repeals a provision of law that conflicts with 
the FAA's procurement reform authority that Congress granted 
FAA in 1996. The FAA now has broad flexibility to use measures 
other than competitive procedures in various compelling 
circumstances (e.g., in response to an emergency such as a 
hurricane or other natural or man-made disaster when there 
could be multiple sources of supply but there is insufficient 
time to run a competition). This section repeals more 
restrictive conflicting language that predated the 1996 
reforms. Removing the conflicting language clarifies the FAA's 
ability to limit competition in response to an emergency, as 
noted above, or set-aside procurements for small businesses, 
disabled veteran-owned businesses or small businesses owned and 
controlled by socially and economically disadvantaged groups.

Sec. 215. Assistance to foreign aviation authorities

    This section clarifies the FAA's current authority to 
provide air traffic services abroad, whether or not the foreign 
entity to which such services are provided is private or 
governmental, and that the FAA may participate in any 
competition to provide such services. It also clarifies that 
the Administrator may allow foreign authorities to pay in 
arrears rather than in advance, and that any payment for such 
assistance may be credited to the account from which the 
expenses were incurred in providing the services.

Sec. 216. Front-line manager staffing

    This section requires the Administrator to conduct a study 
on front-line manager staffing requirements in ATC facilities. 
The study shall take into consideration the number of 
supervisors in each facility, coverage requirements related to 
traffic, facility type, complexity of traffic and management, 
and proficiency and training required. The FAA Chief Operating 
Officer (COO) for ATC shall receive any determinations 
resulting from the study. No later than one year after the date 
of enactment, the Administrator shall submit to the Committee 
on Transportation and Infrastructure of the House and the 
Committee on Commerce, Science and Transportation of the Senate 
a report on the results of this study and a description of 
determinations submitted to the COO.

Sec. 217. Flight service stations

    This section requires the FAA to establish a system to 
monitor the staffing of flight service stations and training of 
specialists, as well as any other safety or customer service 
issues relating to the vendor's performance of the contract. 
This section also requires the FAA to report on the 
implementation of its monitoring system; any necessary changes 
to the contract to ensure safe, high quality service to 
consumers; and any contingency plans that the FAA has developed 
to ensure uninterrupted service.

Sec. 218. NextGen research and development Center of Excellence

    This section establishes a center of excellence for the 
research and development of NextGen technologies. The center 
should leverage the existing FAA Centers of Excellence Program, 
academia and industry as well as providing educational, 
technical, and analytical assistance to Federal agencies 
involved in JPDO.

Sec. 219. Airspace redesign

    The FAA's airspace redesign efforts will play a critical 
near-term role in enhancing capacity, reducing delays, 
transitioning to more flexible routing and ultimately saving 
money for airlines and airspace users in fuel costs. However, 
in recent years, funding cuts have led to delays and deferrals 
of airspace redesign efforts. Without sufficient funding for 
airspace redesign efforts, several new runways planned for the 
2009 to 2012 timeframe will not provide estimated capacity 
benefits. Funding is increased to accelerate airspace redesign 
initiatives.

                           TITLE III--SAFETY


                     Subtitle A--General Provisions


Sec. 301. Judicial review of denial of airman certificates

    Since the early 1990s, the FAA has had authority to seek 
judicial review of National Transportation Safety Board (NTSB) 
decisions that are issued under section 44709 and section 
46301(d)(5) of title 49, which involve orders of suspension and 
revocation, and civil penalties against airmen. Current law 
does not allow the FAA to take an appeal for an NTSB decision 
for a denial of an airman certificate. This section adds 
corresponding authority to seek judicial review of NTSB 
decisions involving airman certificate denials.

Sec. 302. Release of data relating to abandoned type certificates and 
        supplemental type certificates

    Subsection (a) allows the FAA to make aircraft 
certification data relating to older aircraft available, upon 
request, to a person seeking to maintain the airworthiness of 
their aircraft, without the consent of the owner of record, if 
the FAA first determines that there has been no proprietary 
interest exercised over the data for three years, the type 
certificate owner has not been located, and that it enhances 
safety if the data were made available to aircraft operators to 
safely maintain and operate the aircraft. Subsection (b) 
extends the timeline for FAA to begin to issue design 
organization certificates to January 1, 2014.

Sec. 303. Inspection of foreign repair stations

    This section requires the FAA to certify to Congress not 
later than one year after the date of enactment, and annually 
thereafter, that it has inspected each foreign repair station 
certificated under part 145 of the FAA's regulations at least 
twice in the preceding year and requires testing for alcohol or 
a controlled substance of any individual performing a safety-
sensitive function.

Sec. 304. Runway safety

    This section requires the Administrator to submit a report 
to Congress containing a plan for the installation and 
deployment of systems to alert controllers and/or flight crews 
to potential runway incursions. The runway incursion reduction 
plan shall be integrated into the NextGen Implementation Plan 
document. In addition, the FAA is required to create a 
strategic runway safety plan within six months of enactment.

Sec. 305. Improved pilot licenses

    This section requires the Administrator to issue improved 
pilot licenses that are tamper-resistant, include a photograph, 
and are capable of accommodating a digital photograph, a 
biometric identifier, or any other unique identifier. The FAA 
is also required, to the extent practicable, to develop methods 
to determine whether a license has been tampered with, altered, 
or counterfeited. In addition, the FAA may use designees to 
carry out this section, and must report every six months on the 
progress it has made issuing the improved licenses. This 
section is similar to section 4022 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (P.L. 108-796).

Sec. 306. Flight crew fatigue

    This section requires the FAA to contract with the National 
Academy of Sciences (Academy) to conduct a study on pilot 
fatigue. The Committee urges the Academy to consider findings 
by the FAA's ``Fatigue Scientific Steering Committee''. This 
adhoc group was formed by the FAA and the individuals that 
participate represent the majority of the existing scientific 
knowledge on the subject of pilot fatigue in aviation. Not 
later than 18 months after initiating the study, the Academy 
shall submit the report to the Administrator, with 
recommendations governing flight limitations and rest 
requirements for pilots. The FAA is required to consider the 
findings of the Academy and update, where appropriate, its 
regulations with regard to flight time limitations and rest 
requirements for pilots. This section also mandates that the 
FAA, through the Civil Aerospace Medical Institute (CAMI), 
study flight attendant fatigue and report to Congress on the 
results.

Sec. 307. Occupational safety and health standards for flight 
        attendants on board aircraft

    This section requires the Administrator, not later than six 
months after the date of enactment, to establish milestones 
with the Occupational Safety and Health Administration (OSHA) 
Administrator to complete work begun to address issues related 
to the aircraft cabin work environment. The FAA is directed to 
issue a policy statement within two years to set forth the 
circumstances in which the requirements of OSHA apply to 
crewmembers while working in an aircraft cabin. The policy 
statement must provide for the establishment of a coordinating 
body that includes both FAA and OSHA representatives to examine 
the applicability of current and proposed OSHA regulations to 
FAA activities, recommend policies for FAA inspector training, 
and make recommendations to govern the inspection and 
enforcement by the FAA of occupational health standards onboard 
an aircraft. The policy statement shall ensure that standards 
adopted by the FAA clearly delineate the circumstances in which 
an employer is required to take action to address occupational 
safety and health standards, the measures required of an 
employer, and compliance obligations of an employer. The FAA 
shall report to Congress within six months after the date of 
enactment on the milestones established.
    This provision creates new statutory authority for the FAA 
to issue regulations and standards for the safety and health of 
flight attendants working onboard the aircraft. It directs the 
FAA to complete, within three years, rulemaking on eight 
immediate issue areas to improve the workplace safety and 
health of flight attendants. It also states that the FAA is not 
limited to these eight areas and must take action to address 
all safety and health issues regarding flight attendants 
working in the aircraft cabin. Further, it outlines an 
enforcement procedure and personnel to enforce these 
regulations.

Sec. 308. Aircraft surveillance in mountainous areas

    This section authorizes the FAA to establish a pilot 
program to improve safety and efficiency by providing 
surveillance for aircraft flying outside radar coverage in 
mountainous areas where radar surveillance may be obstructed.
    In certain areas of the country, aircraft radar 
surveillance is obstructed by mountainous terrain. According to 
the FAA, the ability to provide surveillance coverage in these 
areas would greatly improve efficiency, arrival rates, and 
safety.
    For example, the Committee understands that the FAA has 
been working with the Colorado Department of Transportation 
(CDOT) to develop and deploy technology that would provide 
surveillance to airports located in mountainous regions. In 
March 2006, the FAA and the CDOT completed an 18 month study 
identifying technological solutions to providing radar 
surveillance coverage at those airports. The study determined 
that the preferred solution is a cooperative surveillance 
system (i.e., it requires transponders on the aircraft and 
multiple sensors on the ground) called Wide Area 
Multilateration. The FAA prototyped Wide Area Multilateration 
in Juneau, Alaska, as part of the Capstone program. It is 
expected to be fully operational by the end of 2009.
    The Committee believes that the implementation of Wide Area 
Multilateration has the potential to improve efficiency, 
arrival rates and safety. Therefore, the Committee encourages 
the FAA to continue to deploy technologies that will provide 
aircraft surveillance coverage in mountainous areas, such as 
Colorado, as well as other parts of the country.

Sec. 309. Off-airport, low-altitude aircraft weather observation 
        technology

    This section directs the Administrator to conduct, within 
one year of the date of enactment, a review of off-airport, 
low-altitude aircraft weather reporting needs, an assessment of 
technical alternatives (including automated weather observation 
stations), an investment analysis, and recommendations for 
improving weather reporting for these aircraft.

Sec. 310. Non-certificated maintenance providers

    This provision requires the FAA to commence a rulemaking to 
ensure that covered maintenance work (essential, regularly 
scheduled, and required inspection items) on air carrier 
aircraft is performed by part 145 repair stations or part 121 
air carriers. In the interim, the FAA would be required to 
draft a plan to require air carriers to identify all non-
certificated repair stations that are currently working on 
their aircraft, and for the FAA to oversee these maintenance 
providers.

Sec. 311. Aircraft rescue and firefighting standards

    Not later than 180 days after the date of enactment, the 
FAA must issue a Notice of Proposed Rulemaking to revise the 
Aircraft Rescue and Firefighting (ARFF) standards applicable to 
airports certified under 14 C.F.R. 139. The rule must address a 
variety of issues, including the mission of aircraft rescue and 
firefighting personnel, proper staffing, response time, policy 
for hazardous materials, vehicle deployment and equipment 
modernization. The FAA shall, to the extent practical, keep the 
rule consistent with national voluntary consensus standards for 
aircraft rescue and firefighting services. It must also assess 
the impact of any revision of firefighting standards on 
airports and air service. The FAA must issue a final rule no 
later than 24 months after the date of enactment.

                Subsection B--Unmanned Aircraft Systems


Sec. 321. Commercial unmanned aircraft systems integration plan

    This section requires the Secretary to create a plan for 
the safe integration of commercial unmanned aircraft systems 
(UAS) into the NAS. This plan shall consider technologies and 
research, provide recommendations for rulemaking, recommend how 
best to enhance technologies and subsystems to ensure safety, 
and recommend a realistic time-frame for UAS integration into 
the NAS as soon as possible, but no later than September 30, 
2013. The plan is due to Congress within one year of the date 
of enactment, and rulemaking shall begin no later than 18 
months thereafter.

Sec. 322. Special rules for certain unmanned aircraft systems

    This section requires, within six months of the date of 
enactment, an assessment of whether certain UAS may operate 
safely in the NAS prior to completion of the proposed 
rulemaking in section 321 and the guidance in section 323. This 
assessment must define the types of UAS allowed and determine 
how they will be regulated and safely operate in the NAS.

Sec. 323. Public unmanned aircraft systems

    This section requires the Secretary, not later than nine 
months after the date of enactment, to issue guidance on the 
operation of public unmanned aircraft systems to expedite the 
issuance of the certificate of authorization process, provide a 
collaborative process with public agencies, and facilitate the 
capability of public agencies to develop and use test ranges.

Sec. 324. Definitions

    This section defines terms relating to the use of UAS 
including: certificate of authorization; detect, sense, and 
avoid capability; public unmanned aircraft system; Secretary; 
test range; unmanned aircraft; and unmanned aircraft system.

                  Subsection C--Safety and Protections


Sec. 331. Aviation Safety Whistleblower Investigation Office

    This section creates an independent Aviation Safety 
Whistleblower Investigation Office within the FAA. The director 
of the new office is charged with receiving safety complaints 
and information submitted by both FAA employees and employees 
of certificated entities, investigating them, and then 
recommending appropriate corrective actions to the FAA.

Sec. 332. Modification of customer service initiative

    This section directs the FAA to modify its customer service 
initiative, mission, and vision statements and other statements 
of FAA policy to remove air carriers or other entities 
regulated by the FAA as ``customers,'' to clarify that in 
regulating safety the only customers of the FAA are individuals 
traveling on aircraft, and to clarify that the air carriers and 
other entities regulated by the FAA do not have the right to 
select the employees of the FAA who will inspect their 
operations.

Sec. 333. Post-employment restrictions for flight standards inspectors

    This section establishes a two-year post-service ``cooling-
off'' period for FAA inspectors or persons responsible for 
oversight of FAA inspectors before they can act as an agent or 
representative of a certificate holder that they previously had 
responsibility for while employed at the FAA.

Sec. 334. Assignment of principal supervisory inspectors

    This section requires the FAA to rotate principle 
supervisory inspectors between airline oversight offices every 
five years.

Sec. 335. Headquarters review of Air Transportation Oversight System 
        (ATOS) database

    This section requires the FAA to implement monthly reviews 
of the ATOS database to ensure that trends in regulatory 
compliance are identified and appropriate corrective actions 
are taken in accordance with FAA regulations.

Sec. 336. Improved voluntary disclosure reporting system

    This section requires the FAA to modify the Voluntary 
Disclosure Reporting Program (VDRP) system to require 
inspectors to verify that air carriers have implemented 
comprehensive solutions to correct underlying causes of 
voluntarily disclosed violations, and 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 an 
air carrier. This section also requires the GAO to study the 
effectiveness of the VDRP program.

                   TITLE IV--AIR SERVICE IMPROVEMENTS


Sec. 401. Monthly air carrier reports

    This section requires the Secretary to collect and publish 
data pertaining to cancelled and diverted flights of air 
carriers. These reports will be published monthly and posted on 
the DOT website.

Sec. 402. Flight operations at Reagan National Airport

    This section increases the beyond perimeter exempted slots 
at National Airport from 24 to 34, offset by a reduction of 10 
slots within the perimeter that are currently available but 
unused. In addition, this section limits operations per hour to 
no more than 67 flights. Scheduling priorities are afforded to 
new entrant and limited incumbent air carriers for these beyond 
perimeter exemptions.

Sec. 403. EAS contract guidelines

    This section requires the Secretary to include in the 
guidelines governing the rate of compensation payable under the 
EAS program provisions under which the Secretary may: (1) 
encourage air carriers to improve air service to EAS 
communities by incorporating in EAS contracts financial 
incentives based on specified performance goals; and (2) 
execute long-term EAS contracts to encourage air carriers to 
provide service to EAS communities if it is in the public 
interest to do so.

Sec. 404. Essential air service reform

    This section increases the general fund authorization for 
the EAS program from $77 million to $150 million. This 
authorization is in addition to the $50 million currently 
authorized from the FAA's collection of overflight fees.
    In addition, subsection (b) amends current law (section 
41742) to allow overflight fees in excess of $50 million for a 
fiscal year to be available immediately for obligation and 
expenditure equally between the SCASD program and EAS.

Sec. 405. Small community air service

    This section adds an additional factor that the Secretary 
shall consider in selecting communities for participation in 
the SCASD program. Under this section, in addition to the 
existing criteria for participation in the program, the 
Secretary shall give priority to multiple communities that 
cooperate to submit a regional or multi-state application to 
improve air service. This section extends the authorization for 
the SCASD program, through FY 2012, at the current authorized 
funding level of $35 million per year.
    The Committee is sensitive to concerns that grants made 
under the SCASD program may be used by an airport operator to 
compete with existing private businesses providing aviation 
services at the airport. Before making a grant under section 
41743 that would allow an airport operator to purchase fueling 
or other ground service equipment that would compete with, or 
replace, that of an existing aviation service provider already 
in service at the airport, the Secretary should consider the 
impact such a grant would have on the aviation service 
provider, and weigh that impact relative to the public interest 
that would be served by making the grant. In addition, if the 
Secretary determines, based on SCASD program reviews that such 
grants do not improve the quality of air service available to 
the community, then the Secretary should not make such grants 
in the future.

Sec. 406. Air passenger service improvements

    This section creates a new chapter 423 in title 49, 
entitled Air Passenger Service Improvements. Except where 
otherwise specified, the requirements of chapter 423 shall 
begin to apply 60 days after the date of enactment.
    New section 42301, Emergency Contingency Plans, requires 
that no later than 90 days after the date of enactment, air 
carriers using aircraft with more than 30 seats participating 
in commercial air transport at medium- or large-hub airports 
and each operator of a medium or large-hub airport will file 
emergency contingency plans with the Secretary for review and 
approval. These plans must detail how the air carrier will 
provide food, water, restroom facilities, cabin ventilation, 
and medical treatment for passengers onboard an aircraft that 
is on the ground for an extended period of time without access 
to the terminal. Further, air carriers and airports must detail 
in their plan how they will allow passengers to deplane 
following excessive delays, including how facilities and gates 
will be shared. This provision also requires that airports used 
by an air carrier or foreign air carrier for flights in foreign 
air transportation provide for the 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. The Secretary is required to 
review, approve, or require modifications to the emergency 
contingency plans within nine months after the date of 
enactment and if he so chooses, can establish minimum standards 
for the elements of the emergency contingency plans in advance 
of the first required update. Air carriers must update their 
plans every three years and airports must update their plans 
every five years. DOT can assess a civil penalty against an air 
carrier or airport that fails to adhere to an approved 
contingency plan.
    New section 42302, Consumer Complaints, requires the 
Secretary to establish and publicize a consumer complaints 
hotline number for the DOT Aviation Consumer Protection 
Division (ACPD). In addition, this section requires air 
carriers to include the DOT consumer hotline number, and the 
air carrier's email, phone number and address on internet 
websites and electronic tickets or boarding passes. Air 
carriers are also required to include DOT's ACPD email, phone 
number and address on internet websites and electronic tickets 
and boarding passes. Such sums as may be necessary are 
authorized to carry out this section.
    New section 42303, Use of Insecticides on Passenger 
Aircraft, subsection (a) requires the Secretary to establish 
and make available to the public an internet website that 
contains a list of countries that may require an air carrier or 
foreign air carrier to treat aircraft passenger cabins with 
insecticides prior to a flight or to apply an aerosol 
insecticide in an aircraft cabin when the cabin is occupied 
with passengers. Subsection (b) requires 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 website created under subsection (a) to 
disclose, on its own website or through other means, that the 
destination country may require the air carrier or foreign air 
carrier to treat aircraft passenger cabins with insecticides 
prior to the flight or to apply an aerosol insecticide when the 
cabin is occupied with passengers, and refer purchasers to the 
website specified in subsection (a) for additional information.

Sec. 407. Contents of competition plans

    Current law (section 47106(f)(2)) requires that no PFC or 
AIP grant be approved for a covered airport unless the airport 
has submitted to the Secretary a written competition plan. The 
competition plan requirement has resulted in the adoption by 
airports of many practices that reduce barriers to entry by new 
air carriers and expansion by smaller carriers, and enhance 
competitive access. However, covered airports have complained 
that providing information on patterns of air service and 
comparative airfare levels is burdensome, and essentially 
compels covered airports to feed DOT's data back to the FAA. 
This section eliminates those requirements because the 
information is publicly available. Furthermore, according to 
FAA officials, DOT and FAA staffs who review competition plans 
do not use fare and schedule data to evaluate whether an AIP 
grant or PFC should be approved. Rather, they review each 
airport's lease terms, such as the length of leases, use-or-
lose provisions, gate sharing requirements; the availability of 
vacant gates; and policies on assisting new entrants to gain 
access to the airports to make such determinations.

Sec. 408. Extension of competitive access reports

    Vision 100 required medium- and large-hub airports to file 
semi-annual competition disclosure reports with the Secretary 
(``competitive access reports'') before receiving approval of 
an AIP grant, if the airport was unable to accommodate an 
airline's request for facility access. The report must explain 
the reason for the lack of accommodation and provide a 
timeframe for accommodation. This section extends the current 
sunset provision for competitive access reports from April 1, 
2009, to September 30, 2012.

Sec. 409. Contract Tower Program

    Subsection (a) provides a special rule for ATC towers that 
are transitioning from the FAA's Contract Tower Program (under 
which the cost of operating the tower is fully funded by the 
FAA), and the FAA's Contract Tower Cost-Sharing Program (under 
which the local airport pays the portion of the costs that 
exceeds the benefits of operating the tower). Specifically, 
subsection (a) provides that, if the Secretary determines that 
an ATC tower that is already operating under the FAA's Contract 
Tower Program falls below a benefit-to-cost ratio of 1.0, then 
the sponsor of the airport at which the tower is located 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.
    Subsection (a) also provides that, if the Secretary finds 
that all or part of an amount made available to carry out the 
fully-funded Contract Tower Program is not required during a 
FY, the Secretary may use such excess funds to carry out the 
Contract Tower Cost-Sharing Program.
    Subsection (b)(1) provides that, of the amount appropriated 
for FAA Operations, not more than $8.5 million for FY 2008, $9 
million for FY 2009, $9.5 million for FY 2010, and $10 million 
for FY 2011 and FY 2012, may be used to carry out the Contract 
Tower Cost-Sharing Program.
    Subsection (b)(2) provides that, if the Secretary finds 
that all or part of an amount made available to carry out the 
Contract Tower Cost-Sharing Program is not required during a 
FY, the Secretary may use such excess funds to carry out the 
fully-funded Contract Tower Program.
    Subsection (c) increases the maximum Federal share of the 
cost of new contract tower construction from $1.5 million to $2 
million.
    Subsection (d) requires the Secretary to establish uniform 
standards and requirements for contract tower safety audits.

Sec. 410. Airfares for members of the Armed Forces

    This section states that it is the sense of Congress that 
each U.S. air carrier should establish for all members of the 
Armed Services on active duty, reduced air fares that are 
comparable to the lowest airfare for ticketed flights; offer 
flexible terms that allow for such members to purchase, modify, 
or cancel tickets without time restrictions, fees and 
penalties; and waive baggage fees for a minimum of three bags.

Sec. 411. Repeal of Essential Air Service Local Participation Program

    In 2003, Vision 100 established an ``EAS Local 
Participation Pilot Program,'' under which the Secretary was 
directed to designate not more than 10 communities located in 
proximity to hub airports and require such communities to pay a 
10 percent local share of their EAS subsidy costs for a four-
year period. Due to a provision subsequently included in annual 
appropriations acts, this program was never allowed to take 
effect. This section repeals this pilot program.

Sec. 412. GAO study of essential air service subsidy cap

    Eligibility for EAS subsidy has been limited by the same 
criteria since the mid-1990s. These criteria, which were 
established in appropriations acts, and have never been 
codified, provide that a community is ineligible to receive 
subsidized EAS if it is within 70 miles of a medium- or large-
hub, or if its subsidy exceeds $200 per passenger (unless it is 
more than 210 miles from a medium- or large-hub).
    This section directs the Secretary to increase the $200 per 
passenger subsidy cap 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, as determined by the 
Secretary. Such increase shall be published as an interim final 
rule not later than 60 days after the date of enactment.

Sec. 413. Notice to communities prior to termination of eligibility for 
        subsidized essential air service

    The provision requires the Secretary to notify a community 
at least 45 days in advance of any final decision to end EAS 
payments to that community due to a determination by the 
Secretary that providing such service requires a subsidy in 
excess of the per passenger subsidy cap. In addition, the 
provision requires the Secretary to establish procedures by 
which each community that is notified of an impending loss of 
subsidy may work directly with an air carrier to ensure that 
the air carrier is able to submit a proposal to the Secretary 
that does not require a subsidy in excess of the per passenger 
subsidy cap.

Sec. 414. Restoration of eligibility to a place determined by the 
        secretary to be ineligible for subsidized essential air service

    The provision establishes a procedure by which a community 
that has exceeded the passenger subsidy cap and, therefore, 
lost its subsidized EAS service, may submit to the Secretary a 
proposal for restoring compensation for such service.

Sec. 415. Office of Rural Aviation

    The provision directs the Secretary to establish within the 
DOT an Office of Rural Aviation to monitor the status of air 
service to small communities, develop proposals to improve air 
service to small communities, and carry out such other 
functions as the Secretary considers appropriate.

Sec. 416. Adjustments to compensation for significantly increased costs

    The provision clarifies that the Secretary may, subject to 
the availability of funds, make across-the-board increases in 
subsidy payments to air carriers to compensate such carriers 
for increased aviation fuel costs. In addition, the provision 
requires adjustments to the rate of compensation no later than 
90 days after an incumbent carrier files a notice to withdraw. 
Under current law, such adjustments may take up to 180 days.

Sec. 417. Review of air carrier flight delays, cancellations, and 
        associated causes

    This section directs the DOT IG to conduct a review of air 
carrier flight delays, cancellations, and associated causes to 
update its 2000 report. This report shall include statistics on 
flight delays and cancellations; an evaluation of air carriers' 
scheduling practices with regard to delays and cancellations; a 
re-examination of capacity benchmarks at the Nation's busiest 
airports, and the impact of flight delays and cancellations on 
passengers. The report is due one year from the date of 
enactment.

Sec. 418. European Union rules for passenger rights

    This section directs the GAO to compare and evaluate the 
European Union and U.S. regulations, compensation, and other 
consideration afforded passengers who are denied boarding when 
flights are cancelled or delayed. The study shall include costs 
to air carriers, preferences of passengers and forms of 
compensation, taking into consideration the differences of size 
and structure of the two aviation systems. The report must be 
completed within one year after the date of enactment.

Sec. 419. Establishment of Advisory Committee for Aviation Consumer 
        Protection

    This section requires the Secretary to establish an 
Advisory Committee for Aviation Consumer Protection (ACAP). The 
ACAP would consist of representatives of air carriers, 
airports, State and local governments, and non-profit public 
interest groups. Duties include evaluating existing consumer 
protection laws; and providing recommendations for improvement. 
The Secretary is required to report annually on recommendations 
made by the ACAP.

Sec. 420. Denied boarding compensation

    This section requires the Secretary to evaluate every two 
years the amount provided for denied boarding compensation and 
issue a regulation to adjust such compensation as necessary.

Sec. 421. Compensation for delayed baggage

    This section directs the GAO to study delays in the 
delivery of checked baggage to air carrier passengers and make 
recommendations for establishing minimum standards to 
compensate a passenger in the case of unreasonable delays, 
taking into consideration that many carriers are charging 
additional fees for checked baggage. The report must be 
submitted within 180 days of the date of enactment.
    According to the Bureau of Transportation Statistics, in 
2008, 5.26 per 1,000 passengers experienced a mishandled bag 
compared with 7.05 in 2007. Although the overall number of 
mishandled bags dropped from 2007, this decline is possibly the 
result of a reduction in the number of checked bags caused by 
additional baggage fees imposed by many airlines this year. The 
Committee believes that if airlines are now charging for 
baggage, passengers have a right to expect increased delivery 
performance. Accordingly, the Committee encourages the DOT to 
include ``delayed'' baggage as part of its yearly review to 
revise the limit of liability on baggage through part 254 of 
DOT's rules (14 C.F.R. Sec. 254), which establishes minimum 
baggage liability limits applicable to domestic air service.

Sec. 422. Schedule reduction

    This provision requires the FAA to commence schedule 
reduction meetings if aircraft operations of air carriers 
exceed hourly benchmarks and are likely to have a significant 
adverse effect on the national or regional airspace system. If 
there is no agreement to reduce schedules, then the FAA shall 
use its administrative power in this area. The FAA is required 
to provide Congress with quarterly reports on scheduling at the 
top 35 airports.

Sec. 423. Expansion of DOT airline consumer complaint investigations

    The Secretary is directed to investigate consumer 
complaints regarding flight cancellations, overbooking 
compliance, baggage issues, fares, frequent flier mile rights, 
and deceptive or misleading advertising. The Secretary shall 
provide an estimate of resources needed to carry out such 
investigations.

Sec. 424. Prohibitions against voice communications using mobile 
        communications devices on scheduled flights

    This section prohibits voice communications using mobile 
communications devices in an aircraft during a flight of 
scheduled passenger inter- or intra-state air transportation. 
This prohibition includes conventional commercial mobile 
communications devices, voice over the internet applications, 
and voice override capabilities. The flight crew and law 
enforcement officers are not covered by this restriction and it 
does not affect the use of telephones already installed in the 
aircraft. The Secretary shall require all air carriers and 
foreign air carriers to adopt the cell phone prohibition, 
however, if a foreign government objects to the application of 
the provision, then the Secretary shall waive the application 
at such time as an alternative prohibition on voice 
communications can be negotiated by the Secretary with the 
foreign government.

Sec. 425. Antitrust exemptions

    This section requires GAO to conduct a study of the legal 
requirements and policies followed by the DOT in deciding 
whether to approve international alliances and grant exemptions 
from the antitrust law in connection with alliances. In the 
study, the Comptroller General shall examine whether granting 
exemptions in connection with international alliances has 
resulted in: public benefits, reduced competition, increased 
prices in markets, or other adverse effects. The report is due 
one year after the date of enactment. This section sunsets 
grants of antitrust immunity, related to international 
alliances, three years after the date of enactment, unless the 
exemption is renewed by the Secretary. The Secretary may not 
renew an exemption before the date on which the Secretary 
issues a written determination as to whether it will adopt 
policy changes pursuant to the GAO report; any such renewal 
will be based on the policies in effect at that time.

          TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING


Sec. 501. Amendments to Air Tour Management Program

    This section makes several changes to section 40128 that 
governs commercial air tour operations over national parks. 
This section exempts parks with 50 or fewer annual air tour 
flights, with a provision for the National Park Service (NPS) 
director to withdraw an exemption on a park-specific basis 
based on concerns regarding the protection of park resources or 
visitor experiences. This section also allows the Director and 
the Administrator to enter into a voluntary agreement with a 
commercial air tour operator as an alternative to an air tour 
management plan. This section provides more flexibility to the 
FAA and NPS to increase the number of operations or to allow 
new entrant air tour operators under interim operating 
authority conditions before an air tour management plan has 
been established at a park. The additional interim operating 
flexibility includes considerations by the NPS of the 
environmental impacts on park resources and by the FAA of 
impacts on aviation safety and the ATC system. Commercial air 
tour operators must report the number of commercial air tours 
over parks.

Sec. 502. State Block Grant Program

    This section codifies current practice that state 
participants in the AIP State Block Grant Program (i.e., 
Georgia, Illinois, Michigan, Missouri, New Hampshire, North 
Carolina, Pennsylvania, Tennessee, Texas and Wisconsin) have 
the responsibility and authority to comply with environmental 
requirements for projects at non-commercial service airports 
within the State Block Grant Program, and that other Federal 
agencies must recognize state environmental review analyses for 
Federal approvals, licenses, or permits related to these 
projects. This section also amends section 47128(a) to replace 
the term ``regulations'' with ``guidance'' because the FAA has 
issued guidance in the form of the AIP Handbook, 5100.38. This 
is a ministerial change and does not impact the State Block 
Grant Program or the Secretary's ability to place requirements 
on the States under section 47128.

Sec. 503. Airport funding of special studies or reviews

    Vision 100 codified the FAA's authority to enter into 
reimbursable agreements with airport sponsors to fund 
additional FAA staff and/or contract support (using airport 
funds or AIP funds received by the airport) to help streamline 
environmental reviews for airport capacity projects. This 
section broadens this authority by allowing the FAA to accept 
such funds from airport sponsors to conduct special 
environmental studies for ongoing federally funded airport 
projects, or studies to support approved airport noise 
compatibility measures or environmental mitigation commitments 
in an agency record of decision or a finding of no significant 
impact.

Sec. 504. Grant eligibility for assessment of flight procedures

    This section encourages the implementation of 
environmentally-beneficial aircraft flight procedures at 
airports by supporting, with AIP assistance, the environmental 
review of airport-proposed procedures that are approved by the 
FAA under 14 C.F.R. part 150, Airport Noise Compatibility 
Planning. This section also allows the FAA to accept funds, 
including AIP and PFC funds, from an airport sponsor to hire 
staff or obtain services to provide environmental reviews for 
new flight procedures that have been approved for airport noise 
compatibility planning purposes.

Sec. 505. CLEEN research, development, and implementation partnership

    This section adds a new section to chapter 475 to direct 
the FAA to enter into a 10-year cooperative agreement with an 
institution, entity, or eligible consortium to carry out a 
program for the development, maturing and certification of 
Continuous Lower Energy, Emissions and Noise (CLEEN) engine and 
airframe technology to reduce aircraft environmental impacts 
and energy usage. Program objectives include: a reduction of 
fuel burn by 33 percent over current technology and a reduction 
in landing and takeoff cycle nitrogen oxide emissions by 60 
percent, at a pressure ratio of 30, over the International 
Civil Aviation Organization (ICAO) standard; noise reduction 
rates of 32 Effective Perceived Noise Level in Decibels 
cumulative; determination of the feasibility of the use of 
alternative fuels; and the ability to retrofit new 
technologies. This section authorizes $20 million in FY 2009, 
$25 million in FY 2010, $33 million in FY 2011, and $50 million 
in FY 2012 for the CLEEN program. Annual status reports are 
required until the completion of the program.

Sec. 506. Prohibition on operating certain aircraft weighing 75,000 
        pounds or less not complying with stage 3 noise levels

    This section requires that, after December 31, 2013, all 
civil subsonic jet aircraft under 75,000 pounds must meet stage 
3 noise levels within the 48 contiguous states, with some 
exceptions for temporary operations.

Sec. 507. Environmental mitigation pilot program

    This section authorizes a new pilot program to allow the 
FAA to fund six environmental mitigation demonstration projects 
at public-use airports to take promising environmental research 
concepts that have been proven in the laboratory into the 
airport environment. Eligible projects should show whether the 
technology could measurably reduce or mitigate aviation impacts 
on noise, air quality or water quality in the airport 
environment. Grants will be awarded to eligible consortia based 
on greatest reductions in aircraft noise, airport emissions, or 
water quality impacts; if it utilizes innovative concepts; or 
demonstrates a technique or technology for environmental 
mitigation is practical or capable. The Federal share of the 
project is 50 percent, not to exceed $2.5 million per project. 
Information shall be developed and published to include program 
results and best practices for reducing or mitigating aviation 
impacts on noise, air quality, or water quality in the vicinity 
of airports.

Sec. 508. Aircraft departure queue management pilot program

    This section authorizes a pilot program at five public-use 
airports to design, develop, and test new air traffic flow 
management technology to better manage the flow of aircraft on 
the ground and reduce ground holds and idling times for 
aircraft. Airports will be selected based on the greatest fuel 
savings or air quality measured by the amount of reduced fuel 
and emissions per dollar of funds expended under the pilot 
program. The Secretary shall submit a report to congressional 
committees of jurisdiction within three years after the date of 
enactment to assess the program's greatest fuel savings and air 
quality benefits and any impacts to safety, capacity, or 
efficiency of the air traffic or airport operations. The report 
must also include an assessment of benefits and a plan for 
implementation at other airports. Not more than $5 million per 
airport may be allocated for this pilot project.

Sec. 509. High performance and sustainable air traffic control 
        facilities

    This section requires the FAA, to the maximum extent 
possible, to implement environmentally-beneficial practices for 
new construction and major renovation of ATC facilities. This 
section authorizes such sums as may be necessary from the FAA's 
F&E account to carry out this section.
    The Committee encourages the FAA to replace or retrofit 
existing support equipment at ATC facilities with equipment 
that seeks to achieve lower emissions and higher operating 
efficiency, including hydrogen and fuel cell energy systems. 
Further, the Committee encourages the FAA to improve the energy 
efficiency, cost effectiveness, reliability and environmental 
performance of standby and backup power systems at ATC 
facilities through the use of alternative energy technology 
such as hydrogen and fuel cell systems.

Sec. 510. Regulatory responsibility for aircraft engine noise and 
        emissions standards

    This section directs the Administrator to arrange for the 
National Academy of Public Service or other independent entity 
to review, with input from the EPA and the FAA, where 
regulatory responsibility for engine noise and emissions 
standards should reside. The review shall consider: 
interrelationships between aircraft engine noise and emissions 
and the need to evaluate and address them in an integrated 
manner; which organization has the scientific expertise to 
evaluate the impact of such noise and emissions on the 
environment; which organization has the expertise to interface 
environmental performance with ensuring the highest levels of 
safety and reliability in engine performance of aircraft in 
flight; consistency with mission and regulatory authority; 
effectiveness in carrying out past aviation environmental 
responsibilities; and international responsibility to represent 
engine noise and emissions standards for civil aviation. The 
FAA shall submit the report to Congress within six months of 
the date of enactment. If a jurisdictional transfer is 
recommended, this report shall include a description of steps 
and a timeline for transfer.

Sec. 511. Continuation of air quality sampling

    This provision continues to authorize the FAA to work with 
airlines to complete air quality studies begun under section 
815 of Vision 100 including the collection of samples of air 
onboard passenger aircraft by flight attendants, and the 
testing and analysis of such samples for contaminants.

Sec. 512. Sense of Congress

    It is the sense of Congress that the European Union should 
not extend its emissions trading proposal to international 
civil aviation without working through the ICAO.

Sec. 513. Airport noise compatibility planning study, Port Authority of 
        New York and New Jersey

    This section states the sense of Congress that the Port 
Authority of New York and New Jersey should complete an Airport 
Noise Compatibility Planning Study for LaGuardia, John F. 
Kennedy, and Newark Liberty International Airports.

Sec. 514. GAO study on compliance with FAA record of decision

    This section requires the GAO to conduct a study to 
determine whether the FAA and the Massachusetts Port Authority 
are complying with the requirements of the FAA's record of 
decision dated August 2, 2002, involving the construction of 
runway 14/32 at Logan International Airport.

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION


Sec. 601. Federal Aviation Administration personnel management system

    The section amends section 40122(a)(2) to modify the 
dispute resolution process for proposed changes to the FAA 
personnel management system, and replaces it with a new dispute 
resolution process. Subsection (a) of this section requires 
that if the FAA and one of its bargaining units do not reach 
agreement, the services of the Federal Mediation and 
Conciliation Service (FMCS) shall be used or the parties may 
agree to an alternative dispute resolution procedure. If 
mediation between the parties with the assistance of the FMCS 
is unsuccessful, bargaining impasses shall be submitted to 
binding interest arbitration before a three-person board 
appointed under authority of the Federal Service Impasses Panel 
(FSIP). The arbitration board has 90 days from the date of 
appointment to render a decision. The parties are bound by the 
decision issued by the arbitration board. If an agreement is 
reached voluntarily or at the conclusion of arbitration, the 
final agreement (other than those matters decided by the 
arbitration board), is subject to employee ratification and 
agency head review under title 49 U.S.C. Sec. 40122 (g)(2)(C). 
This section also clarifies that U.S. District Courts have 
jurisdiction to enforce the requirements of this section.
    Subsection (b) of this section applies the new dispute 
resolution process to the ongoing dispute between the National 
Air Traffic Controllers Association (NATCA) and the FAA. 
Specifically, the changes implemented by the FAA on and after 
July 10, 2005, under the old statute, are null and void and the 
parties will be governed by their last mutual agreement. In 
addition, the FAA and NATCA are required to resume negotiations 
until a new contract is adopted. If an agreement is not reached 
within 45 days after negotiations resume, then the dispute is 
governed by the new dispute resolution process under subsection 
(a), including the 90-day limit for the arbitration board to 
render a final decision.
    Subsection (c) is a savings clause that prohibits the FAA 
from reversing any cost of living adjustments, lump sum 
payments, or leave and other benefits under the implemented 
changes, unless the reversal is calculated as part of the back 
pay calculation in subsection (d). The Administrator shall 
waive any overpayment to former employees. Subsection (d) would 
make affected employees eligible for back pay, subject to the 
availability of appropriations, not to exceed $20 million. 
Subsection (e) states that if an interim agreement is reached 
between the FAA and NATCA before the date of enactment, then 
the new agreement shall supersede any changes implemented by 
the Administrator, and subsections (b) and (d) shall not take 
effect.
    The Committee strongly believes that air traffic 
controllers were treated unfairly in 2006, when FAA broke off 
contract negotiations, refused to submit the remaining issues 
to arbitration, and imposed FAA's own terms on pay and 
benefits. Many of our colleagues on both sides of the aisle 
agreed. When the House considered legislation to send the 
dispute to arbitration in June 2006, the vote was 271 to 148 in 
favor; an overwhelming majority but eight votes short of the 
two-thirds majority needed under the special procedures the 
bill was considered. Moreover, in the 110th Congress, the 
amendment offered to add this section to the FAA 
reauthorization legislation was adopted by an overwhelming 
majority of Committee members by a vote of 53 to 16.
    Following the failed contract negotiations in April 2006, 
the FAA imposed its terms on the controllers, including a 30 
percent reduction in pay bands, which define the maximum and 
minimum pay for controllers at a facility. As a result of these 
terms about 95 percent of the controllers receive pay in excess 
of the maximum for their band. The FAA's plan froze those 
controllers' pay for five years and would not provide any 
government-wide cost of living base pay increases. When 
inflation is considered, these controllers will be making about 
16 percent less in 2011 than in 2006. In addition, there were 
other reductions in various forms of pay received by the 
controllers.
    It is clear that the FAA's unilateral imposition of wages, 
hours, and other terms and conditions of employment has had a 
harmful impact on the controller workforce, including major 
morale problems and an acceleration of retirements. According 
to NATCA, during FY 2008, 1,742 controllers left the FAA, with 
controllers retiring at a rate of over two a day.
    The Committee believes that it is highly important that 
there be a fair resolution of the controllers' concerns. The 
best technology in the world will not improve our ATC system if 
the workforce operating this technology is distracted by 
resentments over unfair treatment or if the system is 
dangerously understaffed due to accelerating retirements. The 
Committee does not want a repeat of the disaster of 1981, when 
rigid Administration policies led to morale problems that 
festered for years, culminating in a strike and the firing of 
most of the controller workforce.
    In the 110th Congress, the Committee leadership devoted 
substantial time and energy to determine if a voluntary 
agreement could be reached for a new contract between the FAA 
and the controllers. Several meetings were held with all of the 
parties and they had extensive negotiations with each other. 
Regrettably, there were basic disagreements on principle that 
made it virtually impossible for there to be a voluntary 
agreement.
    The Obama administration has announced that it will begin 
negotiations with the air traffic controllers to resolve this 
dispute. We are hopeful that this will begin a process leading 
to a new contract acceptable to both parties.

Sec. 602. MSPB remedial authority for FAA employees

    This section gives the Merit Systems Protection Board 
(MSPB) the same remedial authority it had over employee appeals 
as of March 31, 1996.

Sec. 603. FAA technical training and staffing

    Subsection (a) requires the GAO to study FAA systems 
specialists training. The study is due within one year of the 
date of enactment to the congressional committees of 
jurisdiction. Subsection (b) requires the Academy to conduct a 
study to assess FAA assumptions and methods used to determine 
FAA systems specialist staffing needs to ensure proper 
maintenance and certification of the NAS. While conducting this 
study, the Academy shall consult with the exclusive bargaining 
representative of the FAA systems specialist employees. The 
study will suggest improvements or a new staffing model as well 
as assess costs and time needed to develop such a model. The 
report to Congress is due one year after contracted.

Sec. 604. Designee program

    This section requires the GAO to conduct a follow-up report 
within 18 months of the date of enactment regarding the FAA's 
response to recommendations made in GAO's October 2004 report 
on designee programs, including: an assessment of improvements 
made to the designee programs since the report and FAA's 
organizational delegation/designee programs; a determination 
whether the FAA has sufficient monitoring and surveillance 
programs in place to properly oversee them; and any further 
action the GAO recommends to manage and increase assurances 
that designees meet the Administrator's performance standards.

Sec. 605. Staffing model for aviation safety inspectors

    The section requires the FAA to develop a staffing model 
for aviation safety inspectors by October 31, 2009, following 
the recommendations outlined in the ``Staffing Standards for 
Aviation Safety Inspectors'' report issued by the Academy in 
2007. The FAA shall consult with stakeholders including the 
exclusive representative of the aviation safety inspectors in 
developing the model. Such sums as necessary are authorized to 
carry out this section.

Sec. 606. Safety critical staffing

    This section directs the Administrator to increase the 
number of aviation safety inspectors in the Flight Standards 
Service and Aircraft Certification Service based on the number 
of employees in those positions as of the end of FY 2008. In 
addition, this section authorizes increased funding levels for 
staffing cost increases, and to allow the same level of 
staffing from FY 2010 through FY 2012. The Committee believes 
these increases in the inspector workforce are needed to 
address safety-critical workload demands, including oversight 
of air carrier operations and certification of new aviation 
equipment and technology. Upon completion of the aviation 
safety inspector staffing model (section 605) such sums as may 
be necessary are authorized to be appropriated to support the 
number of positions that the staffing model determines. This 
section also defines ``safety critical positions'' to include: 
aviation safety inspectors, safety technical specialist, and 
operations support, manufacturing safety inspectors, and 
pilots.

Sec. 607. FAA air traffic controller staffing

    This section directs the FAA to enter into an arrangement 
with the Academy to conduct a study of the assumptions and 
methods used by the FAA to estimate staffing needs for FAA air 
traffic controllers. The Academy shall consult with the 
exclusive bargaining representative of the affected FAA 
employees, the Administrator, and CAMI. The report shall 
include recommendations for objective staffing standards based 
on current and future projected air traffic levels, and 
estimates of the cost and schedules for developing such 
standards. The study shall also include human factors 
considerations relevant to ATC performance. The Academy shall 
transmit a report not later than 18 months after the date of 
enactment to the appropriate committees of jurisdiction.

Sec. 608. Assessment of training programs for air traffic controllers

    This section requires the Administrator to conduct a study 
to assess the adequacy of training programs for air traffic 
controllers. The study shall include a review of the current 
training system for air traffic controllers, an analysis of the 
competencies required of controllers under the current ATC 
environment, an analysis of the competencies that will be 
required under the NextGen, and an analysis of various training 
approaches available to satisfy these competencies. The 
Administrator shall submit to Congress, within 180 days of 
enactment, a report on the results of this study.

Sec. 609. Collegiate training initiative study

    This section requires the Administrator to conduct a study 
on training options for graduates of the Collegiate Training 
Initiative (CTI) under section 44506(c). The study must review 
the impact of providing a new controller orientation session 
for graduates followed by on-the-job training for newly hired 
air traffic controllers. The study must analyze the cost 
effectiveness of this alternative training approach as well as 
the effect that such alternative training would have on the 
overall quality of training received by CTI graduates. The 
study is required to be submitted to the congressional 
committees of jurisdiction 180 days after the date of 
enactment.

Sec. 610. FAA taskforce on ATC facility conditions

    The FAA must establish the FAA Taskforce on Air Traffic 
Control Facility Conditions (Taskforce). This Taskforce is 
comprised of 12 members to study a variety of issues, including 
all ATC facilities across the nation to determine whether 
employees are exposed to dangerous levels of mold, asbestos, 
poor air quality, radiation and other building and facility-
related hazards, and its affect on employee health and safety. 
The Taskforce must also review the Facility Condition Indices. 
The Taskforce must make recommendations and issue a report to 
the FAA and to the committees of jurisdiction no later than six 
months after initial appointments of the Taskforce. Within 30 
days of the receipt of the Taskforce recommendations, the 
Administrator must deliver a report to the committees of 
jurisdiction on its timeline and plans for implementation of 
the recommendations. The Secretary is authorized $250,000 for 
the Taskforce.

                     TITLE VII--AVIATION INSURANCE


Sec. 701. General authority

    Current law (section 44302(f), initially added by section 
1202 of the Homeland Security Act of 2002 (P.L. 107-296), and 
most recently extended by the Federal Aviation Administration 
Extension Act of 2009 (P.L. 111-12)) requires the FAA to 
provide U.S. airlines aviation insurance until September 30, 
2009 (for insurance that was in effect on November 25, 2002), 
from the first dollar of loss at capped premium rates. 
Subsection (a) extends this requirement until September 30, 
2012. This requirement then becomes discretionary until 
December 31, 2019. Subsection (b) requires that, after December 
31, 2019, such insurance be provided instead by an airline 
industry sponsored risk-sharing arrangement approved by the 
Secretary. Premiums collected by the Secretary from the 
airlines from September 22, 2001, through December 31, 2019, 
shall be transferred to such airline industry risk-sharing 
arrangement.

Sec. 702. Extension of authority to limit third party liability of air 
        carriers arising out of acts of terrorism

    Current law (section 44303(b)) allows the Secretary to 
limit an airline's third-party liability to $100 million and 
also prohibits punitive damages against either an airline or 
the Federal Government for any cause resulting from a terrorist 
event. This section extends the expiration date of this 
authority, now set to expire on December 31, 2009 (as amended 
by P.L. 111-12), to December 31, 2012.

Sec. 703. Clarification of reinsurance authority

    This section amends the reinsurance section in title 49 to 
clarify that the DOT may, as a risk mitigation technique, 
purchase reinsurance from commercial reinsurers to supplement 
payment of claims from the aviation insurance revolving fund.

Sec. 704. Use of independent claims adjusters

    Section 44308 provides that the FAA may use commercial 
insurance carriers to underwrite insurance and adjust claims. 
Section 704 amends section 44308(c)(1) to provide the FAA with 
explicit authority to use claims adjusters independent of an 
insurance underwriting agent. Having the flexibility to use an 
independent claims adjuster should, depending on the 
circumstances of a claim, avoid potential conflict of interest 
between a commercial insurance company acting as a claims 
adjuster for the FAA and its role as a provider of other 
insurance to an airline. This section may also expedite claims 
in the United States and foreign jurisdictions.

Sec. 705. Extension of program authority

    This section extends the basic authority of the Secretary 
to provide insurance and reinsurance under chapter 443 of title 
49 from December 31, 2013, to December 31, 2019.

                       TITLE VIII--MISCELLANEOUS


Sec. 801. Air carrier citizenship

    This section further clarifies the term ``actual control'' 
as it pertains to the definition of a ``citizen of the United 
States''. This provision states that an air carrier shall not 
be deemed to be under the ``actual control'' of U.S. citizens 
unless U.S. citizens 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.
    In 2005, the Bush administration, in an administrative 
proposal, attempted to accommodate the demands of the European 
Union for additional foreign control of U.S. airlines by 
proposing a rule to interpret the ``actual control'' 
requirement as only requiring control over safety, security, 
and the Civil Reserve Air Fleet program, and not requiring 
control over basic commercial decisions, such as the markets to 
be served or the rates to be charged. After several votes in 
Congress rejecting the Bush administration's proposed 
interpretation of ``actual control'', the Administration 
withdrew its proposal. The DOT then announced that in the 
future it will develop its policies on foreign control of U.S. 
airlines on a case-by-case basis rather than by a general rule. 
To guide DOT in its case-by-case interpretations of the 
requirement of actual control by U.S. citizens, section 801 
clarifies that there must be actual control by U.S. citizens 
over all elements of a carrier's operations, including 
marketing, branding, fleet composition, route selection, 
pricing and labor relations. This provision does not prohibit a 
U.S. air carrier from employing foreign citizens in positions 
involving these areas if ultimate control over these decisions 
rests with citizens of the United States. In this regard, the 
Committee notes that existing law, section 40102(a)(15), 
requires that the president of a U.S. air carrier and ``at 
least two thirds of the board of directors and other managing 
officers'' must be citizens of the United States.
    In addition, the requirement in section 801 that U.S. 
citizens have control over ``branding'' should not be 
interpreted to mean that an air carrier cannot have legitimate 
franchising arrangements involving foreign citizens so long as 
U.S. citizens have ultimate control over the decision to enter 
into such arrangements. In this context, however, branding and/
or franchising arrangements should not be interpreted to 
include arrangements that give foreign citizens significant 
influence over basic commercial decisions such as fleet 
composition, route selection, pricing and labor relations.

Sec. 802. Disclosure of data to Federal agencies in interest of 
        national security

    This section clarifies that the FAA has limited authority 
to release data and reports that are pulled from the FAA's 
systems of records, which are subject to the Privacy Act (5 
U.S.C. Sec. 552), to other Federal agencies in the interest of 
national security.

Sec. 803. FAA access to criminal history records and database systems

    The Federal Bureau of Investigation notified the FAA that a 
statutory clarification is necessary for the FAA to continue to 
have access to the National Crime Information Center (NCIC), 
and consequently state databases as well, that contain criminal 
history information (e.g. arrests, convictions, warrants). This 
section provides statutory authority for the FAA to continue to 
access the NCIC and related state criminal history databases so 
that the FAA may continue to perform its critical safety and 
security functions. Specifically, certain designated FAA staff 
have permission to access Federal, state, and local law 
enforcement databases, use their radio, data link or warning 
systems, and receive Government communications, at least to the 
same extent and in the same manner as state and local police.

Sec. 804. Clarification of air carrier fee disputes

    Current law (section 47129) provides an expedited 
administrative forum for determining whether air carrier fees 
levied by airports are reasonable, in the context of a 
significant dispute brought before the Secretary. The section 
requires complaining airlines to continue to pay disputed fees, 
and prohibits the charging airport from locking out complaining 
airlines. It also requires the charging airports to provide a 
mechanism such as a bond, surety, or line of credit, to 
guarantee refunds plus interest to complaining airlines of fees 
determined to be unreasonable. The DOT had treated the section 
as applying to both air carriers and foreign air carriers. The 
U.S. Court of Appeals for the District of Columbia, in Port 
Authority of New York and New Jersey v. DOT, 479 F.3d 21 (D.C. 
Cir. 2007), determined that foreign airlines are not covered by 
section 47129. This section amends current law to clarify the 
applicability of section 47129 to both air carriers and foreign 
air carriers.

Sec. 805. Study on National Plan of Integrated Airport Systems

    This section requires the Secretary to initiate a study 
within 90 days of the date of enactment to evaluate the 
formulation of the NPIAS including: criteria for inclusion in 
the plan; changes to capital needs; comparison of amounts 
airports received from AIP with capital needs; and the effect 
of transfers of airport apportionments. The study must be 
submitted within 36 months of initiation and shall include 
findings, recommendations for changes to the plan, and 
recommendations for changes to methods for determining 
apportionments to airports.

Sec. 806. Express carrier employee protection

    This section amends the Railway Labor Act (RLA) to clarify 
that employees of an ``express carrier'' shall only be covered 
by the RLA if they are employed in a position that is eligible 
for certification under FAA's rules, such as mechanics or 
pilots, and they are actually performing that type of work for 
the express carrier. All other express carrier employees are 
governed by the National Labor Relations Act (NLRA). In 
addition, this section provides that a company's status as an 
``air carrier'' will not provide a shield from coverage under 
the NLRA if it is also an express carrier. An express carrier 
is defined as any person whose primary business is the express 
shipment of freight or packages through an integrated network 
of air and surface transportation.
    Because of historical anomalies involving different 
companies in the express package industry, drivers and package 
handlers working for one major company in the industry do not 
have the same rights to organize and bargain collectively as 
employees performing the exact same jobs at other companies.
    The Committee believes that it is important that all truck 
delivery employees who work for express carriers providing 
integrated air and truck delivery systems be given equal 
treatment under the law.
    For example, Federal Express was organized as an airline; 
therefore, its drivers and package handlers are covered by the 
RLA. Under the RLA, workers can only organize for collective 
bargaining on a national basis, which is an enormous challenge 
in today's environment. Therefore, if Federal Express drivers 
in Virginia want to be represented by a union, they can only do 
so if drivers all over the country agree.
    By contrast, other large companies in the express industry, 
such as United Parcel Service, began by supplying only truck 
delivery service, but then evolved into providing integrated 
truck and air service, similar to Federal Express. The truck 
drivers and package handlers at these companies have continued 
to be covered by the NLRA, which allows these companies to 
organize locally for collective bargaining.
    There are no significant differences between the jobs of 
drivers and package handlers at Federal Express, and the jobs 
of such employees at other express companies. It is unfair and 
inequitable for the Federal Express employees not to have the 
same rights to organize and bargain collectively as their peers 
at other companies.
    Section 806 removes the disparity and places employees of 
major express companies on a similar footing by allowing 
drivers and package handlers at express companies to organize 
under the NLRA, while express company employees engaged in 
aviation operations would continue to be allowed to organize 
under the RLA.

Sec. 807. Consolidation and realignment of FAA facilities

    This section requires the Secretary, no later than nine 
months after the date of enactment, to establish within the FAA 
a working group to develop criteria and make recommendations 
for the realignment and consolidation of services and 
facilities, comprised of the Administrator and two 
representatives from: the air carriers; the general aviation 
community; labor unions; and the airport community.
    The Administrator shall issue a report no later than six 
months after convening the working group that provides 
justification for each consolidation or realignment to the 
committees of jurisdiction. The Administrator shall also 
publish the report in the Federal Register and allow 45 days 
for public comment. Public hearings can be held in affected 
communities should they be requested. Any interested person can 
file an objection. Not later than 60 days after the end of the 
public comment period, the Administrator shall submit final 
recommendations and public comments to the committees of 
jurisdiction. The Administrator may not realign or consolidate 
any services or facilities until the final report is submitted 
to the committees of jurisdiction.

Sec. 808. Accidental death and dismemberment insurance for National 
        Transportation Safety Board employees

    Sometimes NTSB employees must travel on substandard 
aircraft to get to an accident site in a foreign country, or 
under dangerous circumstances to reach remote accident sites in 
the United States. This section clarifies that NTSB has the 
authority to purchase accidental death and dismemberment 
insurance for such employees which, in the event of an 
employee's death while traveling under hazardous circumstances 
to an accident site, would pay benefits to the employee's 
family. This provision also specifies that any amount paid to 
an employee's family under such a policy would offset any 
liability of the United States if the NTSB is sued by the 
employee's family. Finally, it specifies that payment of a 
benefit under such a policy shall not be considered pay or 
compensation.

Sec. 809. GAO study on cooperation of airline industry in international 
        child abduction cases

    This section requires the GAO to study how the FAA could 
better ensure the collaboration and cooperation of domestic air 
carriers, foreign air carriers certified to operate in the 
United States, and other Federal agencies to develop and 
enforce child safety controls for adults traveling 
internationally with children. The GAO shall also examine any 
liability issues associated with providing assistance in such 
investigations. Not later than one year after the date of 
enactment, the GAO shall submit a report to Congress on the 
results of the study.

Sec. 810. Lost Nation Airport, Ohio

    This section allows the City of Willoughby to sell the Lost 
Nation Airport to Lake County, Ohio, pursuant to certain 
requirements.

Sec. 811. Pollock Municipal Airport, Louisiana

    This section requires the Administrator to approve a 
request from the town of Pollock, Louisiana, to close the 
Pollock Municipal Airport, and release the town from any 
condition contained in a surplus property conveyance or 
transfer document, and from any order by the DOT on the use and 
repayment of airport revenue, that would otherwise prevent the 
closure of the airport. Upon approval of such request to close 
the airport, the town of Pollock shall obtain fair market value 
for the sale of airport property and shall transfer all 
proceeds from such sale to the sponsor of a public airport 
designated by the Administrator to be used for the development 
or improvement of such airport. The Pollock airport has never 
been included in the NPIAS and, therefore, it is not considered 
necessary to meet the current or future needs of the national 
aviation system and is not eligible to receive AIP grants.

Sec. 812. Human intervention and motivation study program

    This section authorizes and expands the Human Intervention 
and Motivation Study (HIMS) program to combat chemical 
dependency to include pilots and flight attendants involved in 
carrier operations in the United States under part 121 of the 
FAA's regulations. HIMS program development is required within 
six months of the date of enactment. This section authorizes 
such sums as may be necessary to carry out this program from FY 
2009 through FY 2012.

Sec. 813. Washington D.C., Air Defense Identification Zone

    This section requires the Administrator, in consultation 
with the Secretary of Homeland Security and the Secretary of 
Defense, to submit a report to the appropriate congressional 
committees within 90 days that outlines changes to the 
Washington D.C. Air Defense Identification Zone that will 
decrease operational impacts and improve general aviation 
access to airports in the region.

Sec. 814. Merrill Field Airport, Municipality of Anchorage, Alaska

    This section allows the release of specific airport land 
without monetary consideration to the town of Anchorage, 
Alaska, for construction or reconstruction of a federally 
subsidized highway project.

Sec. 815. 1940 Air Terminal Museum at the William P. Hobby Airport, 
        Houston, Texas

    This section states the House of Representatives' support 
for the goals and ideals of the 1940 Air Terminal Museum and 
congratulates the City of Houston and the 1940 Air Terminal 
Museum for William P. Hobby Airport's 80-year history as a 
vital part of Houston and the nation's transportation 
infrastructure. Congress also acknowledges the Museum's 
preservation and presentation of civil aviation heritage and 
the importance civil aviation plays in our Nation's history and 
economy.

Sec. 816. Duty periods and flight time limitations applicable to flight 
        crewmembers

    This provision requires the FAA to conduct a rulemaking to 
require that all commercial flight time, including ferry 
flights (i.e., non-revenue flights), be included in a flight 
crewmember's total flight time limitations under parts 121 or 
135.

Sec. 817. Pilot program for redevelopment of airport properties

    Under current part 150 rules and the AIP Handbook, airports 
may use Federal funds to purchase properties located within 
high noise areas. The FAA directs that the properties not 
needed for airport uses be redeveloped for airport-compatible 
land uses, generating economic benefits to the local community 
and monies for further noise investments or to be returned to 
the FAA. In 2005, the DOT IG in its report ``Audit of the 
Management of Land Acquired under Airport Noise Compatibility 
Programs'' found that airports are not returning part 150 lands 
back to productive use quickly enough.
    In response to the DOT IG report and to provide mechanisms 
that encourage greater cooperation between airports and their 
surrounding communities, the Administrator is directed to 
establish within one year from enactment, at up to four public 
use airports, a Pilot Program for Redevelopment of Airport 
Properties. The pilot program is intended to provide new tools 
to encourage airport compatible redevelopment of airport 
impacted properties adjacent to the public use airports. 
Specifically, the pilot airports and affected neighboring 
jurisdictions are permitted to enter into new joint 
comprehensive planning activities that are intended to lead to 
the assembly and redevelopment of property purchased with noise 
mitigation funds. Joint comprehensive land use planning 
activities could include master plans, traffic studies, 
environmental evaluation, economic and feasibility studies, or 
other planning activities with neighboring local jurisdictions 
undertaking community redevelopment in the area where the land 
or other property interest acquired by the airport operator is 
located. Not more than $5,000,000 may be expended under this 
pilot program at any single public-use airport. The Federal 
share of the costs of a project cannot be more than 80 percent.

Sec. 818. Helicopter operations over Long Island and Staten Island, New 
        York

    This section requires the FAA to conduct a study of the 
effect of helicopter operations (safety, noise and related 
issues), feasibility of diverting helicopters, creating 
specific air lanes, and altitude limits for helicopter 
operations over residential areas of Long Island and Staten 
Island, New York. The report shall include results of the study 
and any recommendations.

Sec. 819. Cabin temperature standards study

    This provision requires the FAA to conduct a study to 
determine whether onboard temperature standards are needed to 
protect cabin and cockpit crew as well as passengers from 
excessive heat onboard the aircraft. The FAA is also required 
to survey cabin and cockpit temperatures onboard a 
representative sample of aircraft types and operations, to 
address the appropriate placement of temperature monitoring 
devices onboard the aircraft to determine the most accurate 
measurement of onboard temperature as well as develop a system 
for the reporting of excessive temperature onboard passenger 
aircraft by flight and cabin crewmembers.

Sec. 820. Civil penalties technical amendments

    This section applies civil penalties to violations of 
chapter 451 on Alcohol and Controlled Substance Testing.

Sec. 821. Study and report on alleviating congestion

    The GAO shall conduct a study and submit to Congress a 
report within six months of the date of enactment regarding 
strategies to decrease congestion in the national airspace and 
evaluate legal obstacles comparing the efficiency of developing 
incentives, reducing flights, implementing slots with 
redesigning airspace.

Sec. 822. Airline personnel training enhancement

    The Secretary shall issue regulations within six months 
that require air carriers to provide an initial and annual 
recurring training for flight and gate attendants regarding 
serving alcohol, dealing with disruptive passengers, and 
recognizing intoxicated persons.

Sec. 823. Study on feasibility of development of a public internet web-
        based search engine on wind turbine installation obstruction

    The Administrator shall carry out a study within one year 
after the date of enactment to determine the feasibility of 
developing a publicly searchable website that provides 
information regarding the acceptable height and distance that a 
wind turbine may be installed relative to aviation sites as 
well as 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 distances from radars that are acceptable.

Sec. 824. Wind turbine lighting

    This section directs the Administrator to study: the effect 
of lighting for wind turbine on residential areas; safety 
issues relating to alternative lighting strategies, 
technologies, or regulations; potential energy savings; 
feasibility of implementing alternative lighting strategies or 
technologies; and any other wind turbine lighting issues. The 
FAA is responsible for evaluating the effect structures over 
200 feet have on the NAS. In the past, considerable research 
was done to determine the minimum marking and lighting options 
that ensured an acceptable level of safety in air navigation. 
In recent years, new technologies and environmental 
considerations have changed, supporting the need for a new 
study to evaluate marking and lighting systems. The report is 
due to Congress within 180 days of the date of enactment.

Sec. 825. Limiting access to flight decks of all-cargo aircraft

    This section requires the FAA, within 180 days of the date 
of enactment, 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 only authorized flight 
crewmembers. The final report must be submitted to Congress 
within one year of the date of enactment. Many all-cargo 
aircraft do not have a fortified cockpit door or other barrier 
that limits access to the flight deck, and have limited ground 
security procedures.

          TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT


Sec. 901. Short title

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

Sec. 902. Definitions

    This section defines Administrator, FAA, NASA, NRC, 
National Oceanic and Atmospheric Administration, NSF, and 
Secretary.

Sec. 903. Interagency research initiative on the impact of aviation on 
        the climate

    This section requires the FAA, in coordination with NASA 
and the U.S. Climate Change Science Program, to conduct a 
research initiative assessing the impact of aviation on the 
climate and to evaluate approaches to mitigate that impact. Not 
later than one year after the date of enactment, the 
participating Federal entities shall jointly develop a plan for 
the research program, including a five-year budgetary profile.

Sec. 904. Research program on runways

    This section requires the FAA to establish a program of 
research grants to universities and non-profit research 
foundations for research and technology demonstrations related 
to improved runway surfaces and engineered material restraining 
systems for runways at general aviation and commercial air 
carrier airports.

Sec. 905. Research on design for certification

    This section requires the FAA and NASA to establish a joint 
research program on improving both the confidence in and the 
timeliness of certification for new NAS technologies. Not later 
than one year after the date of enactment, the FAA and NASA 
shall develop a plan for the research program that contains the 
objectives, proposed tasks, milestones, and five-year budgetary 
profile. The NRC will conduct an independent review of the 
research program plan within 18 months of the date of 
enactment.

Sec. 906. Centers of excellence

    This section amends section 44513(f) to provide that the 
U.S. Government's share of establishing and operating a center 
of excellence and research grants shall not exceed 75 percent 
of the costs, and that the U.S. Government's share for an 
individual grant shall not exceed 90 percent of the costs. This 
section requires an annual report to Congress at the time of 
the President's budget request.

Sec. 907. Airport Cooperative Research Program

    This section amends section 44511(f) to extend the Airport 
Cooperative Research Program indefinitely.

Sec. 908. Unmanned aircraft systems

    This section amends section 44504(b) to encourage 
participation among agencies regarding unmanned aircraft, 
develop increased understanding of human factors, and assure 
existing levels of safety while integrating all classes of 
unmanned aircraft systems into the national airspace.

Sec. 909. Research grants program involving undergraduate students

    This section requires the Administrator to establish a 
program to utilize colleges and universities to conduct 
research by undergraduate students on subjects relevant to the 
FAA. It authorizes $5 million for research grants for each of 
fiscal years 2009 through 2012 to carry out the program.

Sec. 910. Aviation gas research and development program

    The FAA, in coordination with NASA, shall continue research 
and development activities into technologies for modifying 
existing aviation piston engines to be operated with unleaded 
aviation fuel. This section requires the FAA, within 120 days 
of enactment, to develop a roadmap for specific objectives of 
the program. Within 130 days of enactment, the FAA shall 
deliver the roadmap of the program to the appropriate 
congressional committees. This section authorizes $750,000 for 
each of fiscal years 2009 through 2012 to carry out the 
program.

Sec. 911. Review of FAA's energy- and environment-related research 
        programs

    This section requires the Administrator to arrange for the 
NRC to conduct a review of the FAA's energy- and environment-
related research programs, and to provide the Congress with a 
report of the review within 18 months of the date of enactment.

Sec. 912. Review of FAA's aviation safety-related research programs

    This section requires the Administrator to arrange for the 
NRC to review FAA's aviation safety-related research programs. 
The report is due within 14 months of the date of enactment and 
includes an authorization of $700,000 to carry out the report.

Sec. 913. Research program on alternative jet fuel technology for civil 
        aircraft

    This section requires the Secretary to conduct a research 
program related to developing jet fuel from alternative sources 
through grants or other measures. The program shall include 
participation by educational and research institutions. 
Further, the Administrator shall designate an institution as a 
Center of Excellence for Alternative Jet Fuel Research not 
later than six months after the date of enactment.

Sec. 914. Center for Excellence in Aviation Employment

    This section requires the FAA to develop a Center for 
Excellence focused on research and training of aviation 
employees.

                          ADDITIONAL MATERIALS


Joint use airports

    The Committee believes that DOT should continue to work 
with the Department of Defense to ensure that the civil 
aviation needs of Joint Use airports are met. Where 
appropriate, the FAA should provide AIP grants to meet the 
civil aviation airside needs of Joint Use airports.

Required navigation performance at Teterboro Airport

    The Committee supports the FAA's inclusion of Teterboro 
Airport (TEB) in Teterboro, New Jersey, among the list of high-
priority airports for the installation of at least one Required 
Navigation Performance (RNP) approach at the airport. An RNP 
approach will alleviate many of the concerns of local residents 
and help ease air traffic congestion in the New York 
Metropolitan area by providing a more efficient and continuous 
approach for aircraft flying into and out of TEB.

Northern Virginia congestion

    The Committee understands that the FAA is working with the 
leadership of the Metropolitan Washington Airports Authority 
and Arlington County, Virginia, on air traffic operations and 
surveillance impact issues concerning National Airport. 
Specifically, the most recent round of Base Relocations and 
Closures will have a major adverse impact on the area known as 
Crystal City in Arlington County, which will require the 
redevelopment of many of the older buildings. Redevelopment of 
Crystal City, and of nearby Rosslyn, is critical to the 
economic well-being of northern Virginia, including the 
airports. The Committee commends the FAA for its efforts to 
protect national airspace assets, while accommodating 
legitimate economic and civic interests in Arlington County. 
The Committee encourages the FAA to work with Arlington County 
toward mutually agreeable short term solutions and to consider 
readily available and emerging technologies in developing a 
specific plan for implementing agreed upon solutions.

National airport noise and land use compatibility plan

    The Committee is aware that the Metropolitan Washington 
Airports Authority is working to resolve some technical issues 
with regard to its proposed National Airport part 150 Noise and 
Land Use Compatibility Plan, and encourages the FAA to work 
with the authority to resolve these issues in a timely manner.

Cabin air quality

    The Committee is concerned with the slow progress made on 
the study of aircraft cabin air quality provided for in section 
815 of Vision 100. While the initial work of this study was 
completed, the Committee is aware of reports that the sampling 
was delayed and cabin crew were not permitted to participate in 
the collection of aircraft cabin air samples, thereby 
preventing a more comprehensive sampling. The Committee is 
aware that reports continue to come in from passengers and 
flight attendants about illnesses suffered from what could be 
dangerous contaminants in the aircraft cabin air. To properly 
determine what, if any, contaminants exist in the air of the 
aircraft cabin, samples of the air onboard the aircraft must 
continue to be collected and analyzed. The Committee urges the 
FAA take all appropriate action to ensure completion of this 
vital research by allowing cabin crew to collect aircraft cabin 
air samples.

Animal dander allergens in aircraft cabins

    The Committee commends the FAA for issuing guidance in the 
past to air carriers on air cabin allergens and encourages air 
carriers to accommodate passengers with severe animal dander 
allergies. Because prohibiting animals will not completely 
eliminate all exposures of sensitive passengers to allergens 
introduced from other sources, including passenger clothing, in 
the cabin environment, the Committee encourages air carriers to 
communicate with passengers with severe allergies to ensure 
they are not sitting near an animal or, if necessary, provide 
another alternative. The Committee also encourages air carriers 
to train crewmembers to identify and respond to severe allergic 
reactions.

St. George Airport

    To support capacity needs of the more than 400,000 
residents of Washington County, Utah, the Committee encourages 
the FAA and the City of St. George to use all available 
resources to ensure that the new St. George airport meets its 
opening date goal of January 2011.

Obstacle marking and lighting methods study completion

    The Committee is concerned by the growing number of 
reported accidents and collisions involving low flying aircraft 
striking power lines and other man made obstacles. The FAA 
cites wire and obstruction accidents as the agency's number one 
problem for rotorcraft. The Committee is concerned about 
current obstruction marking and lighting methods, and urges the 
FAA towards timely completion of certification of new obstacle 
collision avoidance systems. The Committee encourages the FAA 
and FAA's Flight Standards division to complete its ongoing 
study to assess the safety and efficiency of audio/visual 
systems compared with existing mechanical systems for aviation 
safety and report back to Congress by December 31, 2009.

Contracts of carriage

    The Committee thinks it is important that air carriers 
prominently display their contracts of carriage on their 
website so that the flying public can obtain information on 
their contractual rights. While many air carriers post their 
contract of carriage on their website, the contract is often 
difficult to find and there is no uniformity of location 
between different carrier websites. Furthermore, in the event a 
passenger is denied boarding, subject to flight cancellation or 
lost baggage, or other events covered by the contract of 
carriage, air carriers and foreign carriers should inform 
affected passengers in writing of their rights under the 
relevant section of the contract of carriage at the time of the 
event affecting the passenger.

Intermodal pilot program

    The Committee is aware of efforts by the Detroit 
Metropolitan Wayne County Airport to develop an aviation-
oriented business cluster around the airport and along 
transportation corridors radiating from the airport. These 
developments may well-position this airport to participate in 
the intermodal ground access pilot project described in section 
114. The Committee believes the Detroit Metropolitan Wayne 
County Airport and similar airports should be considered for 
this pilot project.

            Legislative History and Committee Consideration

    In the 110th Congress, the Subcommittee on Aviation held 
six hearings on FAA reauthorization. The first hearing, on 
March 14, 2007, focused on the Administration's proposal. The 
second hearing, on March 21, 2007, addressed the Bush 
administration's financing proposal. The third hearing, on 
March 22, 2007, explored operational and safety programs at 
FAA. The fourth hearing, on March 28, 2007, focused on AIP 
needs. The fifth hearing, on April 25, 2007, looked at the EAS 
and SCASD Programs. The sixth and final hearing focused on 
NextGen.
    On June 27, 2007, Chairman James L. Oberstar introduced 
H.R. 2881, the ``FAA Reauthorization Act of 2007''. On June 28, 
2007, the Committee on Transportation and Infrastructure 
reported H.R. 2881, as amended, favorably to the House by voice 
vote with a quorum present. On September 17, 2007, the 
Committee reported the bill to the House. H. Rept. 110-331. On 
September 20, 2007, the House passed H.R. 2881 by a vote of 267 
to 151. No further action was taken on the bill.
    Provisions extending AIP and tax authority from October 1, 
2007, through December 31, 2007, were included in section 148 
and 149 of H.J. Res. 52 (P.L. 110-92), as subsequently extended 
by section 101 of H.R. 3222, H.J. Res. 69 (P.L. 110-137), and 
H.J. Res. 72 (P.L. 110-149). Provisions extending tax authority 
from December 31, 2007, through February 29, 2008, were 
included in section 116 of H.R. 2764 (P.L. 110-161). Provisions 
extending both AIP and tax authority from February 29, 2008, 
through June 30, 2008, were included in H.R. 5270 (P.L. 110-
190). Provisions extending both AIP and tax authority from July 
1, 2008, through September 30, 2008, were included in H.R. 6327 
(P.L. 110-253) and were further extended to March 31, 2009, in 
H.R. 6984 (P.L. 110-330). Most recently, H.R. 1512 (P.L. 111-
12) extended FAA's AIP and tax authority to September 30, 2009.
    On February 9, 2009, Chairman James L. Oberstar introduced 
H.R. 915, the ``FAA Reauthorization Act of 2009''. On February 
11, 2009, the Aviation Subcommittee held a hearing on H.R. 915, 
the ``FAA Reauthorization Act of 2009''. On March 5, 2009, the 
Committee on Transportation and Infrastructure met in open 
session to consider H.R. 915. A manager's amendment was offered 
and agreed to by voice vote with a quorum present. The 
Committee ordered the bill, as amended, reported favorably to 
the House by voice vote with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with consideration 
of H.R. 915 or ordering the bill reported. During consideration 
of H.R. 915, a manager's amendment was offered and agreed to by 
voice vote with a quorum present. A motion to order H.R. 915, 
as amended, reported favorably to the House was agreed to by 
voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
reauthorize the Federal Aviation Administration and make a 
number of changes in aviation laws to increase the safety, 
efficiency, and capacity of the aviation system.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 915 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 22, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 915, the FAA 
Reauthorization Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                    Douglas W. Elmendorf, Director.
    Enclosure.

H.R. 915--FAA Reauthorization Act of 2009

    Summary: H.R. 915 would authorize appropriations, mainly 
over the 2009-2012 period, for activities of the Federal 
Aviation Administration (FAA) and other federal programs 
related to aviation. Provisions of the legislation also would 
affect direct spending and revenues. CBO and the Joint 
Committee on Taxation (JCT) estimate that implementing H.R. 915 
would:
           Increase discretionary spending by $44 
        billion over the 2009-2014 period;
           Increase net direct spending by $46 million 
        over the 2009-2014 period and $357 million over the 
        2009-2019 period;
           Reduce revenues by $14 million over the 
        2009-2014 period and $231 million over the 2009-2019 
        period.
    Enacting those provisions that would affect direct spending 
and revenues would increase future deficits by $60 million over 
the 2009-2014 period and $588 million over the 2009-2019 
period.
    The legislation's effects on direct spending and revenues 
over the 2009-2013 and 2009-2018 periods are relevant for 
enforcing pay-as-you-go rules under the current budget 
resolution. CBO and JCT estimate that enacting H.R. 915 would:
           Increase net direct spending by $113 million 
        over the 2009-2013 period and $184 million over the 
        2009-2018 period;
           Increase revenues by $10 million over the 
        2009-2013 period and reduce them by $174 million over 
        the 2009-2018 period; and thus
           Increase future deficits by $103 million 
        over the 2009-2013 period and $358 million over the 
        2009-2018 period.
    H.R. 915 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
because it would impose new safety standards on both public and 
private airports. The bill also contains several other mandates 
that only affect public airports or state and local 
governments. CBO estimates that the aggregate cost of the 
intergovernmental mandates in the bill would exceed the annual 
threshold established in UMRA ($69 million in 2009, adjusted 
annually for inflation). In addition to new safety standards, 
the bill would impose private-sector mandates on operators of 
certain aircraft, entities registering or obtaining 
certification with the FAA, and commercial air carriers. Based 
on information from the FAA and industry sources, CBO estimates 
that the aggregate cost of complying with the private-sector 
mandates also would exceed the annual threshold established in 
UMRA ($139 million in 2009, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 915 is shown in Table 1. The costs of 
this legislation fall primarily within budget functions 400 
(transportation) and 600 (income security).
    Basis of estimate: For this estimate, CBO assumes that H.R. 
915 will be enacted by August 1, 2009. Outlay estimates are 
based on historical spending patterns for affected programs and 
on information provided by the Department of Transportation 
(DOT) and the FAA.

Spending subject to appropriation

    H.R. 915 would authorize appropriations, mainly over the 
2009-2012 period, for the FAA and other federal programs 
related to aviation. For fiscal year 2009, discretionary 
funding for aviation programs under the Omnibus Appropriations 
Act, 2009 (Public Law 111-8), and the American Recovery and 
Reinvestment Act (Public Law 111-5) currently totals about 
$13.3 billion. CBO estimates that outlays under current law 
would total $40 billion over the 2009-2014 period. We estimate 
that fully funding H.R. 915 would increase discretionary 
spending by about $44.4 billion over that period, primarily for 
major programs administered by the FAA. That estimate includes 
spending from additional amounts authorized to be appropriated 
for 2009 and assumes that amounts authorized and estimated to 
be necessary for later years are provided near the start of 
each fiscal year.

                                TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 915
----------------------------------------------------------------------------------------------------------------
                                                          By fiscal year, in millions of dollars--
                                          ----------------------------------------------------------------------
                                             2009      2010      2011      2012      2013      2014    2009-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
        Budget Authority/Authorization       13,347       127        77        77        77        77     13,782
         Levela..........................
        Estimated Outlaysb...............    15,769     6,565     5,117     4,407     4,116     4,041     40,015
Proposed Changes:
    FAA Operations:
        Authorization Level..............         0     9,531     9,936    10,350         0         0     29,817
        Estimated Outlays................         0     8,483     9,891    10,304     1,139         0     29,817
    Air Navigation Facilities and
     Equipment:
        Authorization Level..............       304     3,259     3,353     3,506         0         0     10,422
        Estimated Outlays................         *     1,888     2,668     3,231     1,593       763     10,143
    Airport Improvement Programc:
        Authorization Level..............         0         0         0         0         0         0          0
        Estimated Outlays................         0        74       170       271       353       396      1,264
    Research Engineering and Development:
        Authorization Level..............        42       215       226       245         0         0        728
        Estimated Outlays................         *       136       207       235       114        31        723
    Changes to FAA Personnel Management
     System:
        Estimated Authorization Level....        83       385       323       249         0         0      1,040
        Estimated Outlays................        56       370       330       257        27         0      1,040
    Essential Air Service:
        Authorization Level..............        73        73        73        73        73        73        438
        Estimated Outlays................         *       117        88        73        73        73        424
    Increased Funding for Aviation Safety
     Inspectors:
        Authorization Level..............         0        45       138       235         0         0        418
        Estimated Outlays................         0        40       128       224        26         0        418
    Other Provisions:
        Estimated Authorization Level....        53       114       166       181         9         9        532
        Estimated Outlays................         *       117       157       174        65        19        532
        Total Changes:
            Estimated Authorization Level       554    13,622    14,215    14,839        82        82     43,394
            Estimated Outlays............        56    11,225    13,639    14,769     3,390     1,282     44,361
Spending Under H.R. 915:
    Estimated Authorization Level........    13,901    13,749    14,292    14,916       159       159     57,176
    Estimated Outlays....................    15,825    17,790    18,756    19,176     7,506     5,323     84,376

                                         CHANGES IN DIRECT SPENDING

Spending Under Current Law:
    Estimated Budget Authorityc..........     3,870     3,870     3,870     3,870     3,870     3,870     23,220
    Estimated Outlays....................        50        50        50        50        50        50        300
Proposed Changes:
    Estimated Budget Authority...........         0       197       314       415       407       313      1,646
    Estimated Outlays....................         0        15        32        35        31       -67         46
Spending Under H.R. 915d
    Estimated Authorization Level........     3,870     4,067     4,184     4,285     4,277     4,183     24,866
    Estimated Outlays....................        50        65        82        85        81       -17        346

                                               CHANGES IN REVENUES

Estimated Revenuese......................         *         9        15         3       -17       -24        -14

                      NET IMPACT OF CHANCES IN DIRECT SPENDING AND REVENUES ON THE DEFICIT

Net Increase or Decrease (-) in the               *         6        17        32        48       -43        60
 Deficit.................................
----------------------------------------------------------------------------------------------------------------
a. The 2009 level is the amount appropriated for that year for FAA operations; facilities and equipment;
  research, engineering, and development; essential air service; and the Joint Planning and Development Office
  (JPDO). The 2010-2014 levels reflect amounts authorized to be appropriated under current law for essential air
  service and the JPDO.
b. Estimated outlays under current law are from amounts appropriated for 2009 and previous years for FAA
  operations, facilities and equipment; research, engineering, and development; essential air service; and the
  Joint Planning and Development Office as well as discretionary outlays from the obligation limitations for the
  Airport Improvement Program.
c. Budget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of
  budget authority; however, outlays from that contract authority are subject to limitations on obligations
  specified in annual appropriation acts and are therefore considered discretionary.
d. Enacting H.R. 915 would increase direct spending by $357 million over the 2009-2019 period (see Table 2 for
  annual effects through 2019).
e. Enacting H.R. 915 would reduce revenues by $231 million over the 2009-2019 period (see Table 2 for annual
  effects through 2019).

Notes: * = between -$500,000 and $500,000; FAA = Federal Aviation Administration.

    FAA Operations. H.R. 915 would authorize appropriations 
totaling $9 billion in 2009 and $38.8 billion over the 2009-
2012 period for FAA operations, particularly for salaries and 
expenses related to operating the air traffic control system. 
Slightly more than $9 billion for FAA operations has already 
been appropriated for 2009, and implementing H.R. 915 would add 
$29.8 billion to those amounts over the 2010-2012 period, 
assuming appropriation of the additional amounts authorized. 
CBO estimates that fully funding FAA operations as authorized 
in H.R. 915 would result in additional spending totaling $29.8 
billion over the 2009-2014 period.
    Air Navigation Facilities and Equipment. H.R. 915 would 
authorize appropriations totaling $3.2 billion in 2009 and 
$13.4 billion over the 2009-2012 period for facilities and 
equipment--primarily infrastructure and systems for 
communication, navigation, and radar surveillance related to 
air travel. Public Law 111-5 and Public Law 111-8 already 
provided $2.9 billion for 2009 for those activities. Assuming 
appropriation of the additional amounts authorized in this 
bill, CBO estimates that outlays would increase by $10.1 
billion over the 2009-2014 period, with additional spending 
occurring in later years. That estimate assumes that an 
additional $304 million will be provided during 2009 for 
facilities and equipment.
    By authorizing appropriations for air navigation facilities 
and equipment over the 2009-2012 period, H.R. 915 would 
authorize adjustments to contract authority for the airport 
improvement program in those years. Current law provides for 
increases to contract authority (a mandatory form of budget 
authority) for that program in any year that the amounts 
authorized to be appropriated for facilities and equipment 
exceed amounts actually provided in appropriation acts for such 
activities. Any such changes authorized under H.R. 915 and 
triggered by annual appropriation acts would be considered 
changes in direct spending and are discussed later in this 
estimate (see section entitled ``Direct Spending'').
    Airport Improvement Program. H.R. 915 would provide $12.3 
billion in contract authority (a mandatory form of budget 
authority) over the 2010-2012 period for the Airport 
Improvement Program (AIP). (Under current law, the FAA has 
nearly $3.9 million in contract authority available through 
2009.) Through that program, the FAA provides grants to 
airports for projects to enhance safety and increase airports' 
capacity for passengers and aircraft. Outlays from AIP contract 
authority are controlled by limitations on obligations set in 
annual appropriation acts and are therefore considered 
discretionary.
    CBO estimates that enacting this provision would increase 
contract authority over levels assumed in CBO's current 
baseline by $840 million over the 2009-2012 period that is 
specifically covered under H.R. 915 and by $380 million 
annually thereafter. (See the section of this estimate entitled 
``Direct Spending'' for a discussion of the budgetary treatment 
of AlP contract authority under the budget resolution baseline 
and for purposes of projecting costs under proposed 
legislation.)
    In total, assuming that obligation limitations of AIP 
spending, as set forth in annual appropriation acts, are equal 
to the levels of contract authority projected under H.R. 915, 
CBO estimates that implementing this provision would increase 
discretionary spending by about $1.3 billion over the 2009-2014 
period, with additional spending occurring in later years. That 
amount includes $1.1 billion in spending from additional 
contract authority under the bill. It also includes nearly $200 
million in accelerated outlays from contract authority assumed 
in the current baseline that CBO estimates would spend faster 
under H.R. 915, largely due to provisions that would increase 
the maximum federal share of certain airport projects and 
expand eligibility criteria for AIP grants.
    Research, Engineering and Development. H.R. 915 would 
authorize appropriations totaling $213 million in 2009 and 
almost $900 million over the 2009-2012 period for aviation-
related research activities. Public Law 111-8 has already 
appropriated $171 million for FAA's research programs for 2009. 
Assuming appropriation of the remaining authorized amounts 
(about $730 million over the 2009-2012 period), CBO estimates 
that resulting outlays would total $723 million over the 2009-
2014 period, with additional spending occurring in later years. 
That estimate assumes that $42 million in additional funding 
will be provided for 2009 as authorized by the bill.
    Changes to the FAA Personnel Management System. Under the 
FAA's personnel system, many employees participate in 
collective bargaining units. H.R. 915 would establish a new 
process for resolving disputes between the FAA and such units 
and apply that process to an ongoing dispute between the agency 
and certain collective bargaining units, the largest of which 
involves air traffic controllers represented by the National 
Air Traffic Controllers Association (NATCA). CBO estimates that 
fully funding those proposed changes would require additional 
appropriations of $83 million in 2009 and about $1 billion 
during the four-year period (2009-2012) authorized by the bill.
    Background. In 2005, the FAA and NATCA began negotiating an 
extension of the collective bargaining agreement covering air 
traffic controllers that was originally put into effect in 1998 
and extended for two years, with minor changes, in 2003. In 
April 2006, negotiations stalled and the FAA declared an 
impasse. In the absence of a negotiated contract and under 
certain conditions, current law authorizes the agency to 
implement changes to its personnel management system. Under 
that authority, the FAA began to implement changes toward the 
end of 2006, related in particular to compensation for air 
traffic controllers. According to both the FAA and NATCA, FAA 
spending under current law for salaries of air traffic 
controllers--including spending resulting from changes to its 
personnel policies implemented since 2006--is less than 
spending would have been under the parties' last mutual 
agreement.
    Changes under the Bill. Under H.R. 915, any changes in 
personnel policy implemented by the FAA after July 25, 2005, 
for collective bargaining units without current contracts would 
be null and void, and the parties would be governed by their 
last mutual agreement. The bill would specify conditions under 
which employees could receive back pay, subject to the 
availability of appropriated funds, and would specifically 
authorize the appropriation of $20 million for such payments. 
Under the bill, if appropriations are insufficient to cover all 
claims for back pay since July 2006, payments would be prorated 
among eligible employees. H.R. 915 also would require the FAA 
to resume negotiations with NATCA and other collective 
bargaining units that do not have current contracts. If 
agreements arc not reached within 45 days of resuming 
negotiations, the new dispute resolution process set forth in 
the bill would apply. Through that process, the FAA and 
affected collective bargaining units would turn first to the 
Federal Mediation and Conciliation Service and, if necessary, 
appoint an arbitration board to impose a binding agreement upon 
all parties.
    Estimated Costs. According to the FAA and NATCA, returning 
to the work and pay rules under previous mutual agreements 
would increase costs, particularly for salaries and benefits of 
employees covered by those agreements. For this estimate, CBO 
assumes that the agreements that would be reinstated upon 
enactment of H.R. 915 would remain in effect into early 2010 
while the dispute resolution process prescribed by the bill 
unfolds. Relative to current law, CBO expects that reinstating 
those agreements would increase FAA's spending for compensation 
and benefits by an average of 12 percent for more than 9,000 
individuals that were employed by the FAA before the end of 
2006. We also estimate that FAA's costs for compensating and 
providing benefits for roughly 5,500 individuals hired since 
2006, including those hired between the date of enactment of 
H.R. 915 and the conclusion of the dispute resolution process 
would increase by about 40 percent.
    Based on information from the FAA and NATCA, CBO estimates 
that implementing this provision would require additional 
funding of about $1 billion over the four-year authorization 
period (2009-2012) covered by H.R. 915. That total includes $20 
million specifically authorized to be appropriated for back pay 
and assumes that payments would be prorated, if necessary, as 
specified in the bill. Remaining amounts are primarily for 
sustaining higher levels of spending for compensation and 
benefits for individuals employed as of the date of enactment 
of H.R. 915 or hired prior to the conclusion of the new dispute 
resolution process. For purposes of this estimate, we assume 
that compensation and benefits for those individuals would not 
change after the process concludes.
    For this estimate, CBO assumes that the dispute resolution 
process will conclude within about six months of H.R. 915's 
enactment. Federal costs incurred while that process unfolds 
would be greater if it takes longer. CBO cannot predict the 
outcome of that process; therefore, this estimate does not 
include potential changes (savings or increases) in costs that 
could result once the arbitration board's decision is imposed. 
Nor does it include any costs for salaries and benefits of 
individuals hired after the conclusion of the process, or 
changes that could result from future negotiations from the 
FAA's collective bargaining units as required by H.R. 915.
    Essential Air Service. H.R. 915 would permanently increase, 
from $77 million to $150 million a year, the amount authorized 
to be appropriated for the Essential Air Service (EAS) program. 
Under that program, which received $73 million for 2009 under 
Public Law 111-8, DOT makes payments to air carriers that 
provide air service to certain rural communities. CBO estimates 
that fully funding EAS under H.R. 915 would require additional 
appropriations totaling $438 million over the 2009-2014 period 
and result in outlays totaling $424 million over the next five 
years, with additional outlays occurring after 2014.
    Increased Funding for Aviation Safety Inspectors. H.R. 915 
would specifically authorize appropriations totaling $418 
million over the 2010-2012 period for the FAA to hire 
additional staff to inspect various aspects of the aviation 
system, such as aircraft and parts manufacturing, aircraft 
operation, aircraft safety, and cabin safety. Assuming 
appropriation of the authorized amounts, CBO estimates that 
spending would total $418 million over the 2010-2014 period.
    Offsetting Collections from Registration and Certification 
Fees. The FAA administers a regulatory program designed to 
ensure the safety of air travel. The agency oversees and 
regulates the registration of aircraft, certification of 
pilots, and other related activities. Under current law, the 
FAA issues most registrations and certificates free of charge 
or at nominal prices. CBO estimates that fees charged by the 
agency currently total about $1 million annually.
    H.R. 915 would require the FAA to charge specific fees for 
services related to processing certain registrations and 
certificates. The agency's authority to collect and spend such 
fees would be contingent on annual appropriation acts. Based on 
information from the agency regarding the annual volume of 
regulatory actions, CBO estimates that the proposed fees would 
generate discretionary offsetting collections totaling about 
$25 million in 2010 and about $120 million through 2012, the 
last year of the reauthorization period specifically covered by 
H.R. 915. Because H.R. 915 would authorize the FAA to spend 
such collections, we estimate that implementing this provision 
would have no significant net effect on federal spending.
    Other Provisions. CBO estimates that implementing other 
provisions of H.R. 915 would require appropriations totaling 
$532 million over the 2009-2014 period. That amount includes:
           $128 million for research on technologies to 
        reduce environmental impacts of operating aircraft and 
        aircraft engines;
           $105 million for the Small Community Air 
        Service Development Program;
           $100 million to continue, through 2012, 
        activities of the Joint Planning and Development 
        Office, currently authorized at $50 million a year 
        through 2010, which coordinates multiple agencies' 
        activities related to modernizing the nation's air 
        traffic control system;
           $95 million for activities related to 
        redesigning the nation's air space;
           $24 million for data collection and analysis 
        related to aviation; and
           $80 million for various studies, reports, 
        and activities to be carried out by the FAA, DOT, and 
        other agencies.
    Assuming appropriation of amounts specified and estimated 
to be necessary, CBO estimates that fully funding those 
activities would cost $532 million over the 2009-2014 period.

Direct spending

    CBO estimates that enacting H.R. 915 would increase net 
direct spending by $46 million over the 2009-2014 period and 
$357 million over the 2009-2019 period. Those changes, 
presented in detail in Table 2, would result primarily from 
provisions that would provide additional contract authority for 
the AIP, increase direct spending of overflight fees, increase 
spending for retirement benefits for certain FAA employees, and 
extend the FAA's authority to sell certain insurance.
    Airport Improvement Program Contract Authority. CBO 
estimates that enacting H.R. 915 would result in $3.5 billion 
in additional contract authority for the AIP over the 2010-2019 
period. (Under current law, the FAA has nearly $3.9 billion in 
contract authority available through 2009.) As previously 
noted, spending from contract authority is controlled by 
obligation limitations specified in annual appropriation acts. 
Thus, outlays of the AIP are considered discretionary.
    Baseline Treatment of AIP Contract Authority. Pursuant to 
rules that govern the calculation of CBO's baseline, funding 
for certain expiring programs--such as contract authority for 
AIP--is assumed to continue for budget projection purposes. 
Consistent with that practice, CBO's baseline assumes that AIP 
contract authority over the 2010-2019 period will remain at the 
2009 level of nearly $3.9 billion per year.

                                                                TABLE 2.--EFFECTS ON DIRECT SPENDING AND REVENUES UNDER H.R. 915
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           By fiscal year. in millions of dollars--
                                                             -----------------------------------------------------------------------------------------------------------------------------------
                                                                2009      2010      2011      2012      2013      2014      2015      2016      2017      2018      2019    2009-2014  2009-2019
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   CHANGES IN DIRECT SPENDING

AIP Contract Authoritya:
    Estimated Budget Authority..............................         0       180       280       380       380       380       380       380       380       380       380      1,600      3,500
    Estimated Outlays.......................................         0         0         0         0         0         0         0         0         0         0         0          0          0
Increased Spending of Overflight Fees:
    Estimated Budget Authority..............................         0         9        19        14         0         0         0         0         0         0         0         42         42
    Estimated Outlays.......................................         0         7        17        14         4         0         0         0         0         0         0         42         42
Changes to FAA Personnel Management System
    Estimated Budget Authority..............................         0         8        15        21        27        33        38        43        47        50        53        104        335
    Estimated Outlays.......................................         0         8        15        21        27        33        38        43        47        50        53        104        335
Aviation War Risk Insurance
    Estimated Budget Authority..............................         0         0         0         0         0      -100      -110       -50        30        90       120       -100        -20
    Estimated Outlays.......................................         0         0         0         0         0      -100      -110       -50        30        90       120       -100        -20
    Total Changes:
        Estimated Budget Authority..........................         0       197       314       415       407       313       308       373       457       520       553      1,646      3,857
        Estimated Outlays...................................         0        15        32        35        31       -67       -72        -7        77       140       173         46        357

                                                                                       CHANGES IN REVENUES

Passenger Facility Fees.....................................         *        -2        -6       -12       -18       -25       -31       -38       -44       -51       -58        -63       -285
Overflight Fees.............................................         0         9        19        14         0         0         0         0         0         0         0         42         42
Changes to FAA Personnel Management System..................         *         2         2         1         1         1         1         1         1         1         1          7         12
                                                             -----------------------------------------------------------------------------------------------------------------------------------
      Total Estimated Revenues..............................         *         9        15         3       -17       -24       -30       -37       -43       -50       -57        -14       -231

                                                             NET IMPACT ON THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES

Net Increase or Decrease (-) in the Deficit.................         *         6        17        32        48       -43       -42        30       120       190       230         60       588
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
a. Budget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of budget authority; however, outlays from that contract authority are subject to
  limitations on obligations specified in appropriation acts and are therefore discretionary.

Note: AIP = Airport Improvement Program; * = between -$500,000 and $500,000.

    Net Increases to Contract Authority. Under H.R. 915, AIP 
contract authority would total $3.9 billion in 2009 and 
increase gradually to $4.2 billion in 2012. Consistent with 
CBO's methodology for projecting contract authority under 
proposed legislation, we assume that contract authority for AIP 
would continue after 2012 and would remain at $4.2 billion 
annually over the 2013-2019 period. In total, CBO estimates 
that contract authority under H.R. 915 would exceed levels of 
contract authority already assumed in the CBO baseline by $3.5 
billion over the 2009-2019 period.
    Potential Adjustments to AIP Contract Authority. Public Law 
106-181, the Wendell H. Ford Aviation Investment Reform Act for 
the 21st Century Act, enacted in 2000, created a permanent 
mechanism that provides for an increase to AIP contract 
authority in any year that the amount authorized to be 
appropriated for air navigation and facilities exceeds the 
amount provided for such activities in an appropriation act. By 
authorizing appropriations for facilities and equipment over 
the 2009-2012 period, H.R. 915--in conjunction with that 
provision of current law--would authorize adjustments to AIP 
contract authority for those years. Any adjustment authorized 
under this legislation, once triggered by annual appropriation 
acts, would constitute new direct spending authority. All 
spending for AIP--including spending from such adjustments--
would remain subject to obligation limitations established in 
appropriation acts. Although H.R. 915 could result in 
additional AlP contract authority of as much as $10.4 billion 
over the 2009-2012 period if no appropriations were provided 
for air navigation facilities and equipment, CBO assumes that 
appropriations will equal the amounts authorized by the bill; 
thus, we project no additional increases to AlP contract 
authority under H.R. 915.
    Increased Spending of Overflight Fees. Under current law, 
DOT has authority to spend, without further appropriation, 
revenues from overflight fees paid by air carriers to reimburse 
the FAA for the costs of providing navigational support to 
flights that neither take off nor land in the United States. As 
discussed below, JCT estimates that enacting H.R. 915 would 
increase revenues from such fees starting in 2010. CBO 
estimates that resulting increases in direct spending would 
total $42 million over the 2010-2019 period. Under the bill, 
such spending would support activities related to enhancing air 
service to rural communities.
    Changes to FAA Personnel Management System, The legislation 
would change the dispute resolution process for proposed 
changes to the FAA's personnel management system. The new 
system would address an existing dispute between NATCA and the 
FAA relating to the compensation paid to air traffic 
controllers. The bill would restore the terms of the labor 
contract between those parties in effect in June 2006 until the 
new dispute resolution process has concluded.
    Assuming that the dispute resolution process would take 
about six months, this provision would boost the salaries of 
air traffic controllers by awarding them annual increases for 
years 2007, 2008, and 2009 upon enactment. Those increases 
would raise the salary bases used to calculate retirement 
benefits for all new retirees after 2009. Based on data 
provided by the FAA on the characteristics (salary, years of 
service, and applicable retirement system) of recent retirees 
and the agency's projections of retirements over the next 
decade, CBO estimates that civil service retirement benefits 
would increase by $335 million over the 2009-2019 period. This 
provision also would increase, by $12 million over the 2009-
2019 period, employee contributions to the Civil Service 
Retirement System as discussed below under ``Revenues.''
    Aviation War Risk Insurance. Under current law, the FAA 
offers a program for commercial air carriers and aircraft and 
engine manufacturers that, in exchange for a premium payment, 
insures policyholders against liabilities arising from losses 
caused by terrorist events. The FAA also offers a nonpremium 
insurance program to air carriers that participate in the Civil 
Reserve Air Fleet (CRAF). The FAA's authority to operate both 
of those programs is scheduled to expire on December 31, 2013. 
H.R. 915 would extend that authority through December 2019. CBO 
estimates that extending the CRAF program through that time 
would have no significant budgetary impact; however, extending 
the FAA's authority to offer insurance for commercial air 
carriers and manufacturers through fiscal year 2019 would 
reduce net direct spending by $20 million over the 2013-2019 
period. Over the long run, however, we estimate that extending 
the authority to operate the program would result in net costs 
to the federal government after 2019.
    Program Extension Through 2019. For this estimate, CBO 
assumes that the FAA would continue to offer commercial 
aviation insurance at rates that would not fully offset the 
government's cost of providing that coverage. Initial savings 
under this provision of H.R. 915 would result because the FAA 
would collect premiums in full when coverage is sold, while 
payments for expected losses would likely begin slowly and 
occur over several years. Based on information from the FAA 
about current insurance terms and rates, CBO estimates that 
expected losses for claims would total $920 million over the 
2014-2019 period and about $1.6 billion in later years for a 
total of roughly $2.5 billion over time. We further estimate 
that increased offsetting receipts from premiums (which are 
credited against direct spending) would total $940 million over 
the 2014-2019 period. Thus, while we estimate that extending 
the commercial insurance program through 2019 would result in 
net cash-flow savings of $20 million over the 2014-2019 period, 
we also estimate the program's net costs over time would total 
nearly $1.6 billion.
    CBO cannot predict how much damage terrorists might cause 
in any specific year. Instead, our estimate of the cost of 
insurance coverage under H.R. 915 represents an expected value 
of payments from the program--a weighted average that reflects 
the probability of various outcomes, from zero damages up to 
very large damages due to possible future terrorist attacks. 
The expected value can be thought of as the amount of an 
insurance premium that would be necessary to fully offset the 
risk of providing this insurance. CBO's estimate of the 
expected cost for H.R. 915 is based on private-sector premiums 
for terrorism insurance that have been adjusted for differences 
in costs faced by private insurance firms that are not borne by 
the federal government. While this cost estimate reflects our 
best judgment on the basis of available information, costs are 
a function of inherently unpredictable future terrorist 
attacks. As such, actual costs could fall anywhere within an 
extremely broad range.
    Successor Program. Under H.R. 915, after the Secretary of 
the Treasury's authority to offer commercial insurance ends on 
December 31, 2019, air carriers could seek coverage through 
risk-pooling arrangements sponsored by the airline industry and 
approved by the Secretary. The bill would authorize the 
Secretary to transfer net premiums earned over the period from 
September 22, 2001, through December 31, 2019, to a nonfederal 
risk pool; any such transfers would be net of estimates of 
pending claims. Transferring those amounts to a nonfederal 
entity would be recorded in the budget as an increase in direct 
spending in fiscal year 2020. Based on information from the FAA 
about premiums collected since September 22, 2001, and 
anticipated levels of premium collections expected under H.R. 
915, such increased spending could range from zero (if a 
covered event requires the FAA to use all premiums to pay 
claims) to nearly $3 billion (if the FAA's program incurs no 
losses through 2019).

Revenues

    CBO and JCT estimate that enacting H.R. 915 would reduce 
revenues by $14 million over the 2009-2014 period and $231 
million over the 2009-2019 period. The estimated changes stem 
from provisions related to passenger facility fees, overflight 
fees, and changes to FAA personnel management.
    Passenger Facility Fees. Under current law, airport 
agencies may collect, subject to DOT approval, fees of up to 
$4.50 per passenger to fund airport infrastructure programs. 
(Such fees are collected and spent by airport agencies and are 
not included in the federal budget.) H.R. 915 would allow the 
Secretary of Transportation to authorize airport agencies to 
charge fees of up to $7.00 per passenger. In addition, other 
provisions of the bill would authorize airports to change 
passenger facility fees to cover costs of activities that are 
currently not eligible for financing from such fees. In total, 
JCT expects that the proposed changes would increase revenues 
to airports from such passenger facility fees, subsequently 
lead to increased tax-exempt financing for airport construction 
and related projects, and consequently, reduce federal 
revenues. JCT estimates that federal revenue losses would total 
$285 million over the 2009-2019 period.
    Overflight Fees. H.R. 915 would direct the FAA, through an 
expedited rulemaking process, to increase fees for certain 
navigational services provided for flights that neither take 
off nor land in the United States, known as overflight fees. 
Such fees are generally paid by foreign air carriers and are 
recorded as revenues. Under current law, JCT expects the FAA 
would not increase such fees before 2012. JCT estimates that 
the agency's costs to provide support for overflights exceeds 
revenues from fees by about $19 million annually. The expedited 
rulemaking would generate increased revenues for fiscal years 
2010 through 2012. JCT estimates that those resulting increases 
in revenues would total $42 million over the 2010-2012 period. 
(As discussed earlier, those increased revenues would result in 
corresponding increases in direct spending for certain 
activities related to enhancing air service to rural 
communities.)
    Changes to FAA Personnel Management System. As discussed 
earlier, the changes to the FAA management system, including 
the dispute resolution process, would result in the agency 
paying more in salaries than it would under current practices. 
Pay raises required for fiscal years 2007 through 2009 (and, 
for purposes of this estimate, anticipated pay increases for 
2010) would result in higher salaries subject to the 
withholding of employee contributions to the Civil Service 
Retirement trust fund. The increase in contributions would 
begin to diminish over time as those workers retire or 
otherwise leave FAA employment. CBO estimates the additional 
revenues would total $12 million over the 2009-2019 period.
    Intergovernmental and private-sector impact: H.R. 915 
contains intergovernmental and private-sector mandates as 
defined in the Unfunded Mandates Reform Act because it would 
impose new safety standards on both public and private 
airports. The bill also contains other mandates that only 
affect public airports or state and local governments. CBO 
estimates that the aggregate cost of complying with the 
intergovernmental mandates in the bill would exceed the annual 
threshold established in UMRA ($69 million in 2009, adjusted 
annually for inflation). In addition, the bill contains several 
mandates that only affect entities in the private sector. Based 
on information from the FAA and industry sources, CBO estimates 
that the aggregate cost of complying with the private-sector 
mandates in the bill also would exceed the annual threshold 
established in UMRA ($139 million in 2009, adjusted annually 
for inflation).

Mandate that applies to both public and private entities

    Aircraft Rescue and Firefighting Standards. The bill would 
require the Administrator of the FAA to set new rescue and 
firefighting standards for airports. The new safety standards 
would address staffing levels, timeliness of a rescue response, 
vehicle deployment, and equipment modernization. To the extent 
practical, the standards would have to be consistent with 
national voluntary standards for airport rescue and 
firefighting. According to the FAA and airport officials, few 
airports currently meet those standards. Also, according to 
airport fire chiefs and managers, such standards would require 
more staff, additional equipment, and in many cases, new 
facilities. New facilities would be particularly expensive, 
with estimates ranging from $1 million for satellite facilities 
to $10 million for new stations. In addition, many smaller 
airports that rely on local fire departments would need to hire 
new staff, which would result in higher personnel costs. Nearly 
550 publicly owned airports would be subject to the 
regulations.
    Given the potential scope of the safety standards and the 
large number of affected entities, CBO estimates that the new 
standards would result in additional costs to publicly owned 
airports that would likely exceed in at least one year the 
annual threshold established in UMRA for intergovernmental 
mandates ($69 million in 2009, adjusted annually for 
inflation). According to the FAA, only a small number of 
private airports would be subject to the new regulations. CBO, 
therefore, estimates that costs to private airports would be 
small relative to the annual threshold established in UMRA for 
private-sector mandates.

Mandates that apply to public entities only

    Additional Application Requirements for PFC Charges. The 
bill would require any airport that levies passenger facility 
charges (PFC) to comply with new contracting requirements. 
Specifically, airports that finance airside projects (mostly 
runways and taxiways) with PFCs would have to select three 
contractors and negotiate contracts and subcontracts with them, 
beginning with the one deemed most qualified. The mandate would 
result in some additional administrative costs. It also could 
result in additional contract costs in some cases, and savings 
in others, depending on the outcome of negotiations. In total, 
CBO estimates that the net costs of the requirement would be 
small.
    Access to Criminal History Records. The bill would give the 
FAA the right to access criminal justice data maintained by the 
states. Those provisions constitute intergovernmental mandates 
as defined in UMRA because state and local governments would be 
required to comply with requests for information from the FAA. 
Although we cannot predict the extent to which the FAA would 
request such access or make inquiries of state or local police 
officers, CBO estimates that the additional costs to state, 
local, and tribal governments of complying with these requests 
would be small.
    Contingency Plans. The bill would require certain airport 
operators to submit contingency plans to DOT for emergency 
circumstances that ground aircraft. CBO estimates that the 
costs of complying with this mandate would be minimal.
    Other Impacts. The bill would benefit public airport 
authorities by authorizing an increase in the passenger 
facility charges that airports may use to fund FAA-approved 
projects. In addition, state and local governments would 
benefit from grants for planning, development, noise 
mitigation, and other initiatives at airports. Any costs they 
might incur would result from complying with conditions of 
federal assistance.

Mandates that apply to private entities only

    Limits on the Level of Aircraft Noise. H.R. 915 would 
prohibit, with certain exemptions, the operation of civil 
aircraft weighing 75,000 pounds or less in the 48 contiguous 
states if the aircraft does not comply with stage-3 noise 
levels. The FAA classifies aircraft into three stages based on 
measurements of noise level: stage 1, stage 2, and stage 3--in 
order from loudest to the least noisy. The prohibition would 
take effect after December 31, 2013. According to industry 
sources, compliance could require engine modifications on some 
existing aircraft, or decommissioning of aircraft that cannot 
be adequately modified. Those sources estimate that the total 
cost of bringing existing aircraft into compliance could range 
from $300 million to more than $1 billion, depending on the 
technology used. CBO expects that the direct cost to comply 
with the mandate would be largest in 2013, the year before the 
prohibition would take effect.
    Sunset of Antitrust Exemptions. Under this bill, any 
exemption from antitrust laws previously granted to U.S. air 
carriers in connection with an international aviation alliance 
would expire after three years unless renewed by the Secretary. 
Before the exemptions expire, the bill would require the 
Secretary to consider recommendations from the Government 
Accountability Office and adopt policy changes, if necessary, 
with respect to granting antitrust exemptions for such 
international alliances. To continue those alliances, air 
carriers would have to renew their antitrust exemptions subject 
to any new rules or policies adopted by the Secretary. Several 
U.S. air carriers arc members of existing alliances, and at 
least one application for an antitrust exemption is pending 
with DOT. It is uncertain what changes in policy, if any, would 
be made to the standards for granting such exemptions. 
Consequently, the extent to which air carriers would have to 
change business practices or forgo business opportunities is 
uncertain, and CBO has no basis for estimating the cost of 
complying with the mandate.
    FAA Registration, Certification, and Related Fees. Section 
122 would require the FAA to establish a new schedule of fees 
for certain services and activities of the agency. This 
requirement would impose a new mandate on entities that are 
required to register with the FAA or required to obtain 
specific certifications, such as aircraft owners and pilots. 
According to the FAA, the new schedule of fees would begin in 
the middle of fiscal year 2010. Based on the number of entities 
required to register with the FAA or obtain certification, C130 
expects that the incremental cost of the new fees for those 
private-sector entities would total about $25 million in 2010 
and $50 million or more per year thereafter.
    Air Carriers: Airline Employee and Service Requirements. 
The bill would impose several new requirements on air carriers 
related to airline employees and passenger service. Based on 
information from industry sources, CBO expects that none of 
those mandates would impose significant additional costs on air 
carriers relative to UMRA's threshold.
    Mandates related to airline employees would require air 
carriers to:
           Only hire certified maintenance workers for 
        commercial aircraft;
           Not hire or contract with former safety 
        inspectors previously employed by the FAA to represent 
        them before the FAA if the inspectors' duties in the 
        previous two years involved oversight or inspection of 
        the specific air carrier offering the positions; and
           Provide training for flight attendants and 
        gate attendants that addresses serving alcohol, dealing 
        with disruptive passengers, and recognizing intoxicated 
        persons.
    Mandates related to airline passenger service would require 
air carriers to:
           Prohibit passengers on aircraft from using 
        cell phones or other services known as voice over 
        Internet protocol during a domestic commercial flight;
           Disclose to customers information on 
        consumer complaints and information on countries that 
        require air carriers to treat airplanes with 
        insecticides; and
           Develop and submit reports related to 
        certain emergency contingencies and diverted or 
        cancelled flights.
    Estimate prepared by: Federal Costs: FAA spending--Megan 
Carroll, Retirement Benefits--Amber Marcellino, Revenues-- 
Grant Driessen; Impact on State, Local, and Tribal Governments: 
Ryan Miller; Impact on the Private Sector: Jacob Kuipers.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis, and Frank J. Sammartino, Acting 
Assistant Director for Tax Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 915, the Committee is required to 
include a list of congressional earmarks, limited tax benefits, 
or limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI of the Rules of the House of Representatives. 
It is not clear if the definition of ``congressional earmark'' 
under clause 9(d) of rule XXI applies to section 810 or section 
815 of H.R. 915. However, in the interest of full disclosure 
and transparency, the Committee has required Members of 
Congress to comply with all requirements of clause 9(d), 9(e) 
of rule XXI.
    Section 810, which was requested by Representative Steven 
C. LaTourette, allows the Lake County, Ohio, to purchase the 
Lost Nation Airport from the City of Willoughby, Ohio. The 
provision authorizes the Secretary to make an AIP grant to 
assist in this purchase. Section 815, which was requested by 
Representative Don Young, allows the release of certain 
restrictions for specific airport land, without monetary 
consideration, to the town of Anchorage, Alaska, for 
construction or reconstruction of a federally subsidized 
highway project.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandate Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the ``Unfunded Mandates 
Reform Act'' (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 915 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    This legislation establishes an advisory committee as 
defined by section 3 of the Federal Advisory Committee Act: the 
Advisory Committee for Aviation Consumer Protection. The 
Committee finds pursuant to section 5 of the Federal Advisory 
Committee Act that none of the functions of the proposed 
advisory committee are being or could be performed by one or 
more agencies or by an advisory committee already in existence, 
or by enlarging the mandate of an existing advisory committee. 
The Committee also determines that the Advisory Committee for 
Aviation Consumer Protection has a clearly defined purpose, 
fairly balanced membership, and meets all of the other 
requirements of section 5(b) of the Federal Advisory Committee 
Act.

                  Applicability of Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *


Sec. 106. Federal Aviation Administration

  (a) * * *

           *       *       *       *       *       *       *

  (k) Authorization of Appropriations for Operations.--
          (1) Salaries, operations, and maintenance.--There is 
        authorized to be appropriated to the Secretary of 
        Transportation for salaries, operations, and 
        maintenance of the Administration--
                  [(A) $7,591,000,000 for fiscal year 2004;
                  [(B) $7,732,000,000 for fiscal year 2005;
                  [(C) $7,889,000,000 for fiscal year 2006;
                  [(D) $8,064,000,000 for fiscal year 2007; and
                  [(E) $4,516,364,500 for the 6-month period 
                beginning on October 1, 2008.]
                  (A) $8,998,462,000 for fiscal year 2009;
                  (B) $9,531,272,000 for fiscal year 2010;
                  (C) $9,936,259,000 for fiscal year 2011; and
                  (D) $10,350,155,000 for fiscal year 2012.

           *       *       *       *       *       *       *

          (2) Authorized expenditures.--Out of amounts 
        appropriated under paragraph (1), the following 
        expenditures are authorized:
                  [(A) Such sums as may be necessary for fiscal 
                years 2004 through 2007 to support 
                infrastructure systems development for both 
                general aviation and the vertical flight 
                industry.
                  [(B) Such sums as may be necessary for fiscal 
                years 2004 through 2007 to establish helicopter 
                approach procedures using current technologies 
                (such as the Global Positioning System) to 
                support all-weather, emergency medical service 
                for trauma patients.
                  [(C) Such sums as may be necessary for fiscal 
                years 2004 through 2007 to revise existing 
                terminal and en route procedures and instrument 
                flight rules to facilitate the takeoff, flight, 
                and landing of tiltrotor aircraft and to 
                improve the national airspace system by 
                separating such aircraft from congested flight 
                paths of fixed-wing aircraft.
                  [(D) Such sums as may be necessary for fiscal 
                years 2004 through 2007 for the Center for 
                Management Development of the Federal Aviation 
                Administration to operate training courses and 
                to support associated student travel for both 
                residential and field courses.]
                  (A) Such sums as may be necessary for fiscal 
                years 2009 through 2012 to support development 
                and maintenance of helicopter approach 
                procedures, including certification and 
                recertification of instrument flight rule, 
                global positioning system, and point-in-space 
                approaches to heliports necessary to support 
                all weather, emergency services.
                  [(E)] (B) Such sums as may be necessary for 
                fiscal years [2004 through 2007] 2009 through 
                2012 to carry out and expand the Air Traffic 
                Control Collegiate Training Initiative.
                  [(F)] (C) Such sums as may be necessary for 
                fiscal years [2004 through 2007] 2009 through 
                2012 for the completion of the Alaska aviation 
                safety project with respect to the 3 
                dimensional mapping of Alaska's main aviation 
                corridors.
                  [(G)] (D) Such sums as may be necessary for 
                fiscal years [2004 through 2007] 2009 through 
                2012 to carry out the Aviation Safety Reporting 
                System.

           *       *       *       *       *       *       *

  (m) Cooperation by Administrator.--With the consent of 
appropriate officials, the Administrator may, with or without 
reimbursement, use or accept the services, equipment, 
personnel, and facilities of any other Federal agency (as such 
term is defined in section 551(1) of title 5) and any other 
public or private entity. The Administrator may also cooperate 
with appropriate officials of other public and private agencies 
and instrumentalities concerning the use of services, 
equipment, personnel, and facilities. The head of each Federal 
agency shall cooperate with the Administrator in making the 
services, equipment, personnel, and facilities of the Federal 
agency available to the Administrator. The head of a Federal 
agency is authorized, notwithstanding any other provision of 
law, to transfer to or to receive from the Administration, with 
or without reimbursement, supplies, personnel, services, and 
equipment other than administrative supplies or equipment.

           *       *       *       *       *       *       *

  (s) Aviation Safety Whistleblower Investigation Office.--
          (1) Establishment.--There is established in the 
        Federal Aviation Administration (in this section 
        referred to as the ``Agency'') an Aviation Safety 
        Whistleblower Investigation Office (in this subsection 
        referred to as the ``Office'').
          (2) Director.--
                  (A) Appointment.--The head of the Office 
                shall be the Director, who shall be appointed 
                by the Secretary of Transportation.
                  (B) Qualifications.--The Director shall have 
                a demonstrated ability in investigations and 
                knowledge of or experience in aviation.
                  (C) Term.--The Director shall be appointed 
                for a term of 5 years.
                  (D) Vacancy.--Any individual appointed to 
                fill a vacancy in the position of the Director 
                occurring before the expiration of the term for 
                which the individual's predecessor was 
                appointed shall be appointed for the remainder 
                of that term.
          (3) Complaints and investigations.--
                  (A) Authority of director.--The Director 
                shall--
                          (i) receive complaints and 
                        information submitted by employees of 
                        persons holding certificates issued 
                        under title 14, Code of Federal 
                        Regulations, and employees of the 
                        Agency concerning the possible 
                        existence of an activity relating to a 
                        violation of an order, regulation, or 
                        standard of the Agency or any other 
                        provision of Federal law relating to 
                        aviation safety;
                          (ii) assess complaints and 
                        information submitted under clause (i) 
                        and determine whether a substantial 
                        likelihood exists that a violation of 
                        an order, regulation, or standard of 
                        the Agency or any other provision of 
                        Federal law relating to aviation safety 
                        may have occurred; and
                          (iii) based on findings of the 
                        assessment conducted under clause (ii), 
                        make recommendations to the 
                        Administrator in writing for further 
                        investigation or corrective actions.
                  (B) Disclosure of identities.--The Director 
                shall not disclose the identity of an 
                individual who submits a complaint or 
                information under subparagraph (A)(i) unless--
                          (i) the individual consents to the 
                        disclosure in writing; or
                          (ii) the Director determines, in the 
                        course of an investigation, that the 
                        disclosure is unavoidable.
                  (C) Independence of director.--The Secretary, 
                the Administrator, or any officer or employee 
                of the Agency may not prevent or prohibit the 
                Director from initiating, carrying out, or 
                completing any assessment of a complaint or 
                information submitted subparagraph (A)(i) or 
                from reporting to Congress on any such 
                assessment.
                  (D) Access to information.--In conducting an 
                assessment of a complaint or information 
                submitted under subparagraph (A)(i), the 
                Director shall have access to all records, 
                reports, audits, reviews, documents, papers, 
                recommendations, and other material necessary 
                to determine whether a substantial likelihood 
                exists that a violation of an order, 
                regulation, or standard of the Agency or any 
                other provision of Federal law relating to 
                aviation safety may have occurred.
          (4) Responses to recommendations.--The Administrator 
        shall respond to a recommendation made by the Director 
        under subparagraph (A)(iii) in writing and retain 
        records related to any further investigations or 
        corrective actions taken in response to the 
        recommendation.
          (5) Incident reports.--If the Director determines 
        there is a substantial likelihood that a violation of 
        an order, regulation, or standard of the Agency or any 
        other provision of Federal law relating to aviation 
        safety may have occurred that requires immediate 
        corrective action, the Director shall report the 
        potential violation expeditiously to the Administrator 
        and the Inspector General of the Department of 
        Transportation.
          (6) Reporting of criminal violations to inspector 
        general.--If the Director has reasonable grounds to 
        believe that there has been a violation of Federal 
        criminal law, the Director shall report the violation 
        expeditiously to the Inspector General.
          (7) Annual reports to congress.--Not later than 
        October 1 of each year, the Director shall submit to 
        Congress a report containing--
                  (A) information on the number of submissions 
                of complaints and information received by the 
                Director under paragraph (3)(A)(i) in the 
                preceding 12-month period;
                  (B) summaries of those submissions;
                  (C) summaries of further investigations and 
                corrective actions recommended in response to 
                the submissions; and
                  (D) summaries of the responses of the 
                Administrator to such recommendations.

           *       *       *       *       *       *       *


SUBTITLE II--OTHER GOVERNMENT AGENCIES

           *       *       *       *       *       *       *


CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD

           *       *       *       *       *       *       *


SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE

           *       *       *       *       *       *       *


Sec. 1113. Administrative

  (a) * * *

           *       *       *       *       *       *       *

  (i) Accidental Death and Dismemberment Insurance.--
          (1) Authority to provide insurance.--The Board may 
        procure accidental death and dismemberment insurance 
        for an employee of the Board who travels for an 
        accident investigation or other activity of the Board 
        outside the United States or inside the United States 
        under hazardous circumstances, as defined by the Board.
          (2) Crediting of insurance benefits to offset united 
        states tort liability.--Any amounts paid to a person 
        under insurance coverage procured under this subsection 
        shall be credited as offsetting any liability of the 
        United States to pay damages to that person under 
        section 1346(b) of title 28, chapter 171 of title 28, 
        chapter 163 of title 10, or any other provision of law 
        authorizing recovery based upon tort liability of the 
        United States in connection with the injury or death 
        resulting in the insurance payment.
          (3) Treatment of insurance benefits.--Any amounts 
        paid under insurance coverage procured under this 
        subsection shall not--
                  (A) be considered additional pay or 
                allowances for purposes of section 5536 of 
                title 5; or
                  (B) offset any benefits an employee may have 
                as a result of government service, including 
                compensation under chapter 81 of title 5.
          (4) Entitlement to other insurance.--Nothing in this 
        subsection shall be construed as affecting the 
        entitlement of an employee to insurance under section 
        8704(b) of title 5.

           *       *       *       *       *       *       *


SUBCHAPTER IV--ENFORCEMENT AND PENALTIES

           *       *       *       *       *       *       *


Sec. 1153. Judicial review

  (a) * * *

           *       *       *       *       *       *       *

  (c) Administrator Seeking Judicial Review of Aviation 
Matters.--When the Administrator of the Federal Aviation 
Administration decides that an order of the Board under 
[section 44709 or] section 44703(d), 44709, or 46301(d)(5) of 
this title will have a significant adverse impact on carrying 
out this chapter related to an aviation matter, the 
Administrator 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. Findings of fact of 
the Board are conclusive if supported by substantial evidence.

           *       *       *       *       *       *       *


SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *


SUBPART I--GENERAL

           *       *       *       *       *       *       *


                    CHAPTER 401--GENERAL PROVISIONS

Sec.
40101. Policy.
     * * * * * * *
40130. FAA access to criminal history records or databases systems.

           *       *       *       *       *       *       *


Sec. 40102. Definitions

  (a) General Definitions.--In this part--
          (1) * * *

           *       *       *       *       *       *       *

          (4) ``air navigation facility'' means a facility 
        used, available for use, or designed for use, in aid of 
        air navigation, including--
                  (A) * * *
                  [(B) a light;
                  [(C) apparatus or equipment for distributing 
                weather information, signaling, radio-
                directional finding, or radio or other 
                electromagnetic communication; and]
                  (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;
                  [(D) another structure] (E) any structure, 
                equipment, or mechanism for guiding or 
                controlling flight in the air or the landing 
                and takeoff of aircraft[.]; and
                  (F) buildings, equipment, and systems 
                dedicated to the national airspace system.

           *       *       *       *       *       *       *

          (15) ``citizen of the United States'' means--
                  (A) * * *

           *       *       *       *       *       *       *

        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. 40110. General procurement authority

  (a) General.--In carrying out this part, the Administrator of 
the Federal Aviation Administration--
          (1) * * *
          (2) may dispose of an interest in property for 
        adequate [compensation] 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; and

           *       *       *       *       *       *       *

  (c) Duties and Powers.--When carrying out subsection (a) of 
this section, the Administrator of the Federal Aviation 
Administration may--
          (1) * * *

           *       *       *       *       *       *       *

          (3) construct, or acquire an interest in, a public 
        building (as defined in section 3301(a) of title 40) 
        only under a delegation of authority from the 
        Administrator of General Services[;]; and
          [(4) use procedures other than competitive procedures 
        only when the property or services needed by the 
        Administrator of the Federal Aviation Administration 
        are available from only one responsible source or only 
        from a limited number of responsible sources and no 
        other type of property or services will satisfy the 
        needs of the Administrator; and]
          [(5)] (4) dispose of property under subsection (a)(2) 
        of this section, except for airport and airway property 
        and technical equipment used for the special purposes 
        of the Administration, only under sections 121, 123, 
        and 126 and chapter 5 of title 40.

           *       *       *       *       *       *       *


Sec. 40113. Administrative

  (a) * * *

           *       *       *       *       *       *       *

  (e) Assistance to Foreign Aviation Authorities.--
          (1) Safety-related training and operational 
        services.--The Administrator may provide safety-related 
        training and operational services to public and private 
        foreign aviation authorities with or without 
        reimbursement, if the Administrator determines that 
        providing such services promotes aviation safety[.] 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. To the 
        extent practicable, air travel reimbursed under this 
        subsection shall be conducted on United States air 
        carriers.

           *       *       *       *       *       *       *

          (3) Crediting appropriations.--Funds received by the 
        Administrator pursuant to this section shall be 
        [credited to the appropriation from which the expenses 
        were incurred in providing such services.] 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. 40117. Passenger facility [fees] charges

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) * * *

           *       *       *       *       *       *       *

          (3) Eligible airport-related project.--The term 
        ``eligible airport-related project'' means any of the 
        following projects:
                  (A) * * *
                  (B) A project for terminal development 
                described in [section 47110(d)] section 
                47119(a).

           *       *       *       *       *       *       *

                  (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.

           *       *       *       *       *       *       *

          [(5) Passenger facility fee.--The term ``passenger 
        facility charge'' means a charge imposed under this 
        section.]
          (5) Passenger facility charge.--The term ``passenger 
        facility charge'' means a charge or fee imposed under 
        this section.
          (6) Passenger facility revenue.--The term ``passenger 
        facility revenue'' means revenue derived from a 
        passenger facility [fee] charge.
  (b) General Authority.--(1) The Secretary of Transportation 
may authorize under this section an eligible agency to impose a 
passenger facility [fee] charge of $1, $2, or $3 on each paying 
passenger of an air carrier or foreign air carrier boarding an 
aircraft at an airport the agency controls to finance an 
eligible airport-related project, including making payments for 
debt service on indebtedness incurred to carry out the project, 
to be carried out in connection with the airport or any other 
airport the agency controls.
  (2) A State, political subdivision of a State, or authority 
of a State or political subdivision that is not the eligible 
agency may not regulate or prohibit the imposition or 
collection of a passenger facility [fee] charge or the use of 
the passenger facility revenue.
  (3) A passenger facility [fee] charge may be imposed on a 
passenger of an air carrier or foreign air carrier originating 
or connecting at the commercial service airport that the agency 
controls.
  (4) In lieu of authorizing a [fee] charge under paragraph 
(1), the Secretary may authorize under this section an eligible 
agency to impose a passenger facility [fee] charge of [$4.00 or 
$4.50] $4.00, $4.50, $5.00, $6.00, or $7.00 on each paying 
passenger of an air carrier or foreign air carrier boarding an 
aircraft at an airport the agency controls to finance an 
eligible airport-related project, including making payments for 
debt service on indebtedness incurred to carry out the project, 
if the Secretary finds--
          (A) * * *

           *       *       *       *       *       *       *

  (5) Maximum cost for certain low-emission technology 
projects.--The maximum cost that may be financed by imposition 
of a passenger facility [fee] charge under this section for a 
project described in subsection (a)(3)(G) with respect to a 
vehicle or ground support equipment may not exceed the 
incremental amount of the project cost that is greater than the 
cost of acquiring a vehicle or equipment that is not low-
emission and would be used for the same purpose, or the cost of 
low-emission retrofitting, as determined by the Secretary.
  (6) Debt service for certain projects.--In addition to the 
uses specified in paragraphs (1) and (4), the Secretary may 
authorize a passenger facility [fee] charge imposed under 
paragraph (1) or (4) to be used for making payments for debt 
service on indebtedness incurred to carry out at the airport a 
project that is not an eligible airport-related project if the 
Secretary determines that such use is necessary due to the 
financial need of the airport.
  (7) Noise mitigation for certain schools.--
          (A) In general.--In addition to the uses specified in 
        paragraphs (1), (4), and (6), the Secretary may 
        authorize a passenger facility [fee] charge imposed 
        under paragraph (1) or (4) at a large hub airport that 
        is the subject of an amended judgment and final order 
        in condemnation filed on January 7, 1980, by the 
        Superior Court of the State of California for the 
        county of Los Angeles, to be used for a project to 
        carry out noise mitigation for a building, or for the 
        replacement of a relocatable building with a permanent 
        building, in the noise impacted area surrounding the 
        airport at which such building is used primarily for 
        educational purposes, notwithstanding the air easement 
        granted or any terms to the contrary in such judgment 
        and final order, if--
                  (i) * * *

           *       *       *       *       *       *       *

                  (v) the project otherwise meets the 
                requirements of this section for authorization 
                of a passenger facility [fee] charge.

           *       *       *       *       *       *       *

  (c) Applications.--(1) An eligible agency must submit to the 
Secretary an application for authority to impose a passenger 
facility [fee] charge. The application shall contain 
information and be in the form that the Secretary may require 
by regulation.
  (2) Before submitting an application, the eligible agency 
must provide reasonable notice to, and an opportunity for 
consultation with, air carriers and foreign air carriers 
operating at the airport. The Secretary shall prescribe 
regulations that define reasonable notice and contain at least 
the following requirements:
          (A) The agency must provide written notice of 
        individual projects being considered for financing by a 
        passenger facility [fee] charge and the date and 
        location of a meeting to present the projects to air 
        carriers and foreign air carriers operating at the 
        airport.

           *       *       *       *       *       *       *

  (3) Before submitting an application, the eligible agency 
must provide reasonable notice and an opportunity for public 
comment. The Secretary shall prescribe regulations that define 
reasonable notice and provide for at least the following under 
this paragraph:
          (A) A requirement that the eligible agency provide 
        public notice of intent to collect a passenger facility 
        [fee] charge so as to inform those interested persons 
        and agencies that may be affected. The public notice 
        may include--
                  (i) * * *

           *       *       *       *       *       *       *

  (d) Limitations on Approving Applications.--The Secretary may 
approve an application that an eligible agency has submitted 
under subsection (c) of this section to finance a specific 
project only if the Secretary finds, based on the application, 
that--
          (1) the amount and duration of the proposed passenger 
        facility [fee] charge will result in revenue (including 
        interest and other returns on the revenue) that is not 
        more than the amount necessary to finance the specific 
        project;

           *       *       *       *       *       *       *

          (3) the application includes adequate justification 
        for each of the specific projects; [and]
          (4) in the case of an application to impose a [fee] 
        charge of more than $3.00 for an eligible surface 
        transportation or terminal project, the agency has made 
        adequate provision for financing the airside needs of 
        the airport, including runways, taxiways, aprons, and 
        aircraft gates[.]; and
          (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.
  (e) Limitations on Imposing [Fees] Charges.--(1) An eligible 
agency may impose a passenger facility [fee] charge only--
          (A) * * *

           *       *       *       *       *       *       *

  (2) A passenger facility [fee] charge may not be collected 
from a passenger--
          (A) * * *

           *       *       *       *       *       *       *

  (f) Limitations on Contracts, Leases, and Use Agreements.--
(1) A contract between an air carrier or foreign air carrier 
and an eligible agency made at any time may not impair the 
authority of the agency to impose a passenger facility [fee] 
charge or to use the passenger facility revenue as provided in 
this section.
  (2) A project financed with a passenger facility [fee] charge 
may not be subject to an exclusive long-term lease or use 
agreement of an air carrier or foreign air carrier, as defined 
by regulations of the Secretary.
  (3) A lease or use agreement of an air carrier or foreign air 
carrier related to a project whose construction or expansion 
was financed with a passenger facility [fee] charge may not 
restrict the eligible agency from financing, developing, or 
assigning new capacity at the airport with passenger facility 
revenue.
  (g) Treatment of Revenue.--(1) * * *

           *       *       *       *       *       *       *

  (4) Passenger facility revenues that are held by an air 
carrier or an agent of the carrier after collection of a 
passenger facility [fee] charge constitute a trust fund that is 
held by the air carrier or agent for the beneficial interest of 
the eligible agency imposing the [fee] charge. Such carrier or 
agent holds neither legal nor equitable interest in the 
passenger facility revenues except for any handling fee or 
retention of interest collected on unremitted proceeds as may 
be allowed by the Secretary.
  (h) Compliance.--(1) As necessary to ensure compliance with 
this section, the Secretary shall prescribe regulations 
requiring recordkeeping and auditing of accounts maintained by 
an air carrier or foreign air carrier and its agent collecting 
a passenger facility [fee] charge and by the eligible agency 
imposing the [fee] charge.
  (2) The Secretary periodically shall audit and review the use 
by an eligible agency of passenger facility revenue. After 
review and a public hearing, the Secretary may end any part of 
the authority of the agency to impose a passenger facility 
[fee] charge to the extent the Secretary decides that the 
revenue is not being used as provided in this section.
  (3) The Secretary may set off amounts necessary to ensure 
compliance with this section against amounts otherwise payable 
to an eligible agency under subchapter I of chapter 471 of this 
title if the Secretary decides a passenger facility [fee] 
charge is excessive or that passenger facility revenue is not 
being used as provided in this section.
  (i) Regulations.--The Secretary shall prescribe regulations 
necessary to carry out this section. The regulations--
          (1) may prescribe the time and form by which a 
        passenger facility [fee] charge takes effect;
          (2) shall--
                  (A) require an air carrier or foreign air 
                carrier and its agent to collect a passenger 
                facility [fee] charge that an eligible agency 
                imposes under this section;

           *       *       *       *       *       *       *

                  (C) ensure that the money, less a uniform 
                amount the Secretary determines reflects the 
                average necessary and reasonable expenses (net 
                of interest accruing to the carrier and agent 
                after collection and before remittance) 
                incurred in collecting and handling the [fee] 
                charge, is paid promptly to the eligible agency 
                for which they are collected; and

           *       *       *       *       *       *       *

          (3) may permit an eligible agency to request that 
        collection of a passenger facility [fee] charge be 
        waived for--
                  (A) passengers enplaned by any class of air 
                carrier or foreign air carrier if the number of 
                passengers enplaned by the carriers in the 
                class constitutes not more than one percent of 
                the total number of passengers enplaned 
                annually at the airport at which the [fee] 
                charge is imposed; or

           *       *       *       *       *       *       *

  (j) Limitation on Certain Actions.--A State, political 
subdivision of a State, or authority of a State or political 
subdivision that is not the eligible agency may not tax, 
regulate, or prohibit or otherwise attempt to control in any 
manner, the imposition or collection of a passenger facility 
[fee] charge or the use of the revenue from the passenger 
facility [fee] charge.
  (k) Competition Plans.--
          (1) In general.--Beginning in fiscal year 2001, no 
        eligible agency may impose a passenger facility [fee] 
        charge under this section with respect to a covered 
        airport (as such term is defined in section 47106(f)) 
        unless the agency has submitted to the Secretary a 
        written competition plan in accordance with such 
        section. This subsection does not apply to passenger 
        facility [fees] charges in effect before the date of 
        the enactment of this subsection.

           *       *       *       *       *       *       *

  (l) Pilot Program for Passenger Facility [Fee] Charge 
Authorizations at Nonhub Airports.--
          (1) In general.--The Secretary shall establish a 
        pilot program to test alternative procedures for 
        authorizing eligible agencies for nonhub airports to 
        impose passenger facility [fees] charges. An eligible 
        agency may impose in accordance with the provisions of 
        this subsection a passenger facility [fee] charge under 
        this section. For purposes of the pilot program, the 
        procedures in this subsection shall apply instead of 
        the procedures otherwise provided in this section.

           *       *       *       *       *       *       *

          (3) Notice of intention.--The eligible agency must 
        submit to the Secretary a notice of intention to impose 
        a passenger facility [fee] charge under this 
        subsection. The notice shall include--
                  (A) information that the Secretary may 
                require by regulation on each project for which 
                authority to impose a passenger facility [fee] 
                charge is sought;
                  (B) the amount of revenue from passenger 
                facility [fees] charges that is proposed to be 
                collected for each project; and
                  (C) the level of the passenger facility [fee] 
                charge that is proposed.
          (4) Acknowledgement of receipt and indication of 
        objection.--The Secretary shall acknowledge receipt of 
        the notice and indicate any objection to the imposition 
        of a passenger facility [fee] charge under this 
        subsection for any project identified in the notice 
        within 30 days after receipt of the eligible agency's 
        notice.
          (5) Authority to impose [fee] charge.--Unless the 
        Secretary objects within 30 days after receipt of the 
        eligible agency's notice, the eligible agency is 
        authorized to impose a passenger facility [fee] charge 
        in accordance with the terms of its notice under this 
        subsection.

           *       *       *       *       *       *       *

          [(7) Sunset.--This subsection shall cease to be 
        effective beginning on April 1, 2009.]
          [(8)] (7) Acknowledgement not an order.--An 
        acknowledgement issued under paragraph (4) shall not be 
        considered an order issued by the Secretary for 
        purposes of section 46110.
  (m) Financial Management of [Fees] Charges.--
          (1) Handling of [fees] charges.--A covered air 
        carrier shall segregate in a separate account passenger 
        facility revenue equal to the average monthly liability 
        for [fees] charges collected under this section by such 
        carrier or any of its agents for the benefit of the 
        eligible agencies entitled to such revenue.

           *       *       *       *       *       *       *

          (5) Interest on amounts.--A covered air carrier that 
        collects passenger facility [fees] charges is entitled 
        to receive the interest on passenger facility [fee] 
        charge accounts if the accounts are established and 
        maintained in compliance with this subsection.
          (6) Existing regulations.--The provisions of section 
        158.49 of title 14, Code of Federal Regulations, that 
        permit the commingling of passenger facility [fees] 
        charges with other air carrier revenue shall not apply 
        to a covered air carrier.

           *       *       *       *       *       *       *

  (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. 40119. Security and research and development activities

  (a) * * *
  (b) Disclosure.--(1) * * *

           *       *       *       *       *       *       *

  (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. 40122. Federal Aviation Administration personnel management system

  (a) In General.--
          (1) * * *
          [(2) Mediation.--If the Administrator does not reach 
        an agreement under paragraph (1) with the exclusive 
        bargaining representatives, the services of the Federal 
        Mediation and Conciliation Service shall be used to 
        attempt to reach such agreement. If the services of the 
        Federal Mediation and Conciliation Service do not lead 
        to an agreement, the Administrator's proposed change to 
        the personnel management system shall not take effect 
        until 60 days have elapsed after the Administrator has 
        transmitted the proposed change, along with the 
        objections of the exclusive bargaining representatives 
        to the change, and the reasons for such objections, to 
        Congress. The 60-day period shall not include any 
        period during which Congress has adjourned sine die.]
          (2) Dispute resolution.--
                  (A) Mediation.--If the Administrator does not 
                reach an agreement under paragraph (1) or the 
                provisions referred to in subsection (g)(2)(C) 
                with the exclusive bargaining representative of 
                the employees, the Administrator and the 
                bargaining representative--
                          (i) shall use the services of the 
                        Federal Mediation and Conciliation 
                        Service to attempt to reach such 
                        agreement in accordance with part 1425 
                        of title 29, Code of Federal 
                        Regulations (as in effect on the date 
                        of enactment of the FAA Reauthorization 
                        Act of 2009); or
                          (ii) may by mutual agreement adopt 
                        alternative procedures for the 
                        resolution of disputes or impasses 
                        arising in the negotiation of the 
                        collective-bargaining agreement.
                  (B) Binding arbitration.--
                          (i) Assistance from federal service 
                        impasses panel.--If the services of the 
                        Federal Mediation and Conciliation 
                        Service under subparagraph (A)(i) do 
                        not lead to an agreement, the 
                        Administrator and the exclusive 
                        bargaining representative of the 
                        employees (in this subparagraph 
                        referred to as the ``parties'') shall 
                        submit their issues in controversy to 
                        the Federal Service Impasses Panel. The 
                        Panel shall assist the parties in 
                        resolving the impasse by asserting 
                        jurisdiction and ordering binding 
                        arbitration by a private arbitration 
                        board consisting of 3 members.
                          (ii) Appointment of arbitration 
                        board.--The Executive Director of the 
                        Panel shall provide for the appointment 
                        of the 3 members of a private 
                        arbitration board under clause (i) by 
                        requesting the Director of the Federal 
                        Mediation and Conciliation Service to 
                        prepare a list of not less than 15 
                        names of arbitrators with Federal 
                        sector experience and by providing the 
                        list to the parties. Within 10 days of 
                        receiving the list, the parties shall 
                        each select one person from the list. 
                        The 2 arbitrators selected by the 
                        parties shall then select a third 
                        person from the list within 7 days. If 
                        either of the parties fails to select a 
                        person or if the 2 arbitrators are 
                        unable to agree on the third person 
                        within 7 days, the parties shall make 
                        the selection by alternately striking 
                        names on the list until one arbitrator 
                        remains.
                          (iii) Framing issues in 
                        controversy.--If the parties do not 
                        agree on the framing of the issues to 
                        be submitted for arbitration, the 
                        arbitration board shall frame the 
                        issues.
                          (iv) Hearings.--The arbitration board 
                        shall give the parties a full and fair 
                        hearing, including an opportunity to 
                        present evidence in support of their 
                        claims and an opportunity to present 
                        their case in person, by counsel, or by 
                        other representative as they may elect.
                          (v) Decisions.--The arbitration board 
                        shall render its decision within 90 
                        days after the date of its appointment. 
                        Decisions of the arbitration board 
                        shall be conclusive and binding upon 
                        the parties.
                          (vi) Costs.--The parties shall share 
                        costs of the arbitration equally.
          (3) Ratification of agreements.--Upon reaching a 
        voluntary agreement or at the conclusion of the binding 
        arbitration under paragraph (2)(B), the final 
        agreement, except for those matters decided by an 
        arbitration board, shall be subject to ratification by 
        the exclusive bargaining representative of the 
        employees, if so requested by the bargaining 
        representative, and approval by the head of the agency 
        in accordance with the provisions referred to in 
        subsection (g)(2)(C).
          (4) Enforcement.--
                  (A) Enforcement actions in united states 
                courts.--Each United States district court and 
                each United States court of a place subject to 
                the jurisdiction of the United States shall 
                have jurisdiction of enforcement actions 
                brought under this section. Such an action may 
                be brought in any judicial district in the 
                State in which the violation of this section is 
                alleged to have been committed, the judicial 
                district in which the Federal Aviation 
                Administration has its principal office, or the 
                District of Columbia.
                  (B) Attorney fees.--The court may assess 
                against the Federal Aviation Administration 
                reasonable attorney fees and other litigation 
                costs reasonably incurred in any case under 
                this section in which the complainant has 
                substantially prevailed.
          [(3)] (5) Cost savings and productivity goals.--The 
        Administration and the exclusive bargaining 
        representatives of the employees shall use every 
        reasonable effort to find cost savings and to increase 
        productivity within each of the affected bargaining 
        units.
          [(4)] (6) Annual budget discussions.--The 
        Administration and the exclusive bargaining 
        representatives of the employees shall meet annually 
        for the purpose of finding additional cost savings 
        within the Administration's annual budget as it applies 
        to each of the affected bargaining units and throughout 
        the agency.

           *       *       *       *       *       *       *

  (g) Personnel Management System.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Appeals to merit systems protection board.--Under 
        the new personnel management system developed and 
        implemented under paragraph (1), an employee of the 
        Administration may submit an appeal to the Merit 
        Systems Protection Board and may seek judicial review 
        of any resulting final orders or decisions of the Board 
        from any action that was appealable to the Board under 
        any law, rule, or regulation as of March 31, 1996. 
        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. 40128. Overflights of national parks

  (a) In General.--
          (1) General requirements.--A commercial air tour 
        operator may not conduct commercial air tour operations 
        over a national park or tribal lands, as defined by 
        this section, except--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) in accordance with any applicable air 
                tour management plan or voluntary agreement 
                under subsection (b)(7) for the park or tribal 
                lands.

           *       *       *       *       *       *       *

          (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.
  (b) Air Tour Management Plans.--
          (1) * * *

           *       *       *       *       *       *       *

          (7) Voluntary agreements.--
                  (A) In general.--As an alternative to an air 
                tour management plan, the Director and the 
                Administrator may enter into a voluntary 
                agreement with a commercial air tour operator 
                (including a new entrant applicant and an 
                operator that has interim operating authority) 
                that has applied to conduct air tour operations 
                over a national park to manage commercial air 
                tour operations over such national park.
                  (B) Park protection.--A voluntary agreement 
                under this paragraph with respect to commercial 
                air tour operations over a national park shall 
                address the management issues necessary to 
                protect the resources of such park and visitor 
                use of such park without compromising aviation 
                safety or the air traffic control system and 
                may--
                          (i) include provisions such as those 
                        described in subparagraphs (B) through 
                        (E) of paragraph (3);
                          (ii) include provisions to ensure the 
                        stability of, and compliance with, the 
                        voluntary agreement; and
                          (iii) provide for fees for such 
                        operations.
                  (C) Public.--The Director and the 
                Administrator shall provide an opportunity for 
                public review of a proposed voluntary agreement 
                under this paragraph and shall consult with any 
                Indian tribe whose tribal lands are, or may be, 
                flown over by a commercial air tour operator 
                under a voluntary agreement under this 
                paragraph. After such opportunity for public 
                review and consultation, the voluntary 
                agreement may be implemented without further 
                administrative or environmental process beyond 
                that described in this subsection.
                  (D) Termination.--A voluntary agreement under 
                this paragraph may be terminated at any time at 
                the discretion of the Director or the 
                Administrator if the Director determines that 
                the agreement is not adequately protecting park 
                resources or visitor experiences or the 
                Administrator determines that the agreement is 
                adversely affecting aviation safety or the 
                national aviation system. If a voluntary 
                agreement for a national park is terminated, 
                the operators shall conform to the requirements 
                for interim operating authority under 
                subsection (c) until an air tour management 
                plan for the park is in effect.
  (c) Interim Operating Authority.--
          (1) * * *
          (2) Requirements and limitations.--Interim operating 
        authority granted under this subsection--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(I) shall allow for modifications of the 
                interim operating authority based on experience 
                if the modification improves protection of 
                national park resources and values and of 
                tribal lands.]
                  (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.
          (3) New entrant air tour operators.--
                  (A) In general.--The Administrator, in 
                cooperation with the Director, may grant 
                interim operating authority under this 
                paragraph to an air tour operator for a 
                national park or tribal lands for which that 
                operator is a new entrant air tour operator [if 
                the Administrator determines the authority is 
                necessary to ensure competition in the 
                provision of commercial air tour operations 
                over the park or tribal lands.] 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.

           *       *       *       *       *       *       *

  (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 FAA Reauthorization Act of 
        2009, the Administrator and Director shall jointly 
        issue an initial request for reports under this 
        subsection. The reports shall be submitted to the 
        Administrator and Director on a frequency and in a 
        format prescribed by the Administrator and Director.
  [(d)] (e) Exemptions.--This section shall not apply to--
          (1) * * *

           *       *       *       *       *       *       *

  [(e)] (f) Lake Mead.--This section shall not apply to any air 
tour operator while flying over or near the Lake Mead National 
Recreation Area, solely as a transportation route, to conduct 
an air tour over the Grand Canyon National Park. For purposes 
of this subsection, an air tour operator flying over the Hoover 
Dam in the Lake Mead National Recreation Area en route to the 
Grand Canyon National Park shall be deemed to be flying solely 
as a transportation route.
  [(f)] (g) Definitions.--In this section, the following 
definitions apply:
          (1) * * *

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *


SUBPART II--ECONOMIC REGULATION

           *       *       *       *       *       *       *


                  CHAPTER 417--OPERATIONS OF CARRIERS

                       SUBCHAPTER I--REQUIREMENTS

Sec.
41701. Classification of air carriers.
     * * * * * * *
41724. Prohibitions against voice communications using mobile 
          communications devices on scheduled flights.

               SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE

     * * * * * * *
[41747. EAS local participation program.]
     * * * * * * *
41749. Office of Rural Aviation.

     * * * * * * *

SUBCHAPTER I--REQUIREMENTS

           *       *       *       *       *       *       *


Sec. 41708. Reports

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


Sec. 41718. Special rules for Ronald Reagan Washington National Airport

  (a) Beyond-Perimeter Exemptions.--The Secretary shall grant, 
by order, [24] 34 exemptions from the application of sections 
49104(a)(5), 49109, 49111(e), and 41714 of this title to air 
carriers to operate limited frequencies and aircraft on select 
routes between Ronald Reagan Washington National Airport and 
domestic hub airports and exemptions from the requirements of 
subparts K and S of part 93, Code of Federal Regulations, if 
the Secretary finds that the exemptions will--
          (1) * * *

           *       *       *       *       *       *       *

  (c) Limitations.--
          (1) * * *
          (2) General exemptions.--The exemptions granted under 
        subsections (a) and (b) may not be for operations 
        between the hours of 10:00 p.m. and 7:00 a.m. and may 
        not increase the number of operations at Ronald Reagan 
        Washington National Airport in any 1-hour period during 
        the hours between 7:00 a.m. and 9:59 p.m. by more than 
        [3 operations] 5 operations.
          (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).
          [(3)] (4) Allocation of within-perimeter 
        exemptions.--Of the exemptions granted under subsection 
        (b)--
                  (A) * * *

           *       *       *       *       *       *       *

          [(4)] (5) Applicability to exemption no. 5133.--
        Nothing in this section affects Exemption No. 5133, as 
        from time-to-time amended and extended.

           *       *       *       *       *       *       *

  (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.
  [(e)] (f) Applicability of Certain Laws.--Neither the request 
for, nor the granting of an exemption, under this section shall 
be considered for purposes of any Federal law a major Federal 
action significantly affecting the quality of the human 
environment.
  [(f)] (g) Commuters Defined.--For purposes of aircraft 
operations at Ronald Reagan Washington National Airport under 
subpart K of part 93 of title 14, Code of Federal Regulations, 
the term `commuters' means aircraft operations using aircraft 
having a certificated maximum seating capacity of 76 or less.

           *       *       *       *       *       *       *


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.

SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE

           *       *       *       *       *       *       *


Sec. 41733. Level of basic essential air service

  (a) * * *

           *       *       *       *       *       *       *

  (f) Notice to Communities Prior to Termination of 
Eligibility.--
          (1) In general.--The Secretary shall notify each 
        community receiving basic essential air service for 
        which compensation is being paid under this subchapter 
        on or before the 45th day before issuing any final 
        decision to end the payment of such compensation due to 
        a determination by the Secretary that providing such 
        service requires a rate of subsidy per passenger in 
        excess of the subsidy cap.
          (2) Procedures to avoid termination.--The Secretary 
        shall establish, by order, procedures by which each 
        community notified of an impending loss of subsidy 
        under paragraph (1) may work directly with an air 
        carrier to ensure that the air carrier is able to 
        submit a proposal to the Secretary to provide essential 
        air service to such community for an amount of 
        compensation that would not exceed the subsidy cap.
          (3) Assistance provided.--The Secretary shall 
        provide, by order, to each community notified under 
        paragraph (1) information regarding--
                  (A) the procedures established pursuant to 
                paragraph (2); and
                  (B) the maximum amount of compensation that 
                could be provided under this subchapter to an 
                air carrier serving such community that would 
                comply with the subsidy cap.
          (4) Subsidy cap defined.--In this subsection, the 
        term ``subsidy cap'' means the subsidy cap established 
        by section 332 of Public Law 106-69, including any 
        increase to that subsidy cap established by the 
        Secretary pursuant to the FAA Reauthorization Act of 
        2009.
  (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. 41734. Ending, suspending, and reducing basic essential air 
                    service

  (a) * * *

           *       *       *       *       *       *       *

  (d) Continuation of Compensation After Notice Period.--If an 
air carrier receiving compensation under section 41733 of this 
title for providing basic essential air service to an eligible 
place is required to continue to provide service to the place 
under this section after the 90-day notice period under 
subsection (a) of this section, the Secretary shall [continue 
to pay that compensation after the last day of that period. The 
Secretary shall pay the compensation until the Secretary finds 
another carrier to provide the service to the place or the 90th 
day after the end of that notice period, whichever is earlier. 
If, after the 90th day after the end of the 90-day notice 
period, the Secretary has not found another carrier to provide 
the service, the carrier required to continue to provide that 
service shall receive compensation sufficient--] provide the 
carrier with compensation sufficient--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 41737. Compensation guidelines, limitations, and claims

  (a) Compensation Guidelines.--(1) The Secretary of 
Transportation shall prescribe guidelines governing the rate of 
compensation payable under this subchapter. The guidelines 
shall be used to determine the reasonable amount of 
compensation required to ensure the continuation of air service 
or air transportation under this subchapter. The guidelines 
shall--
          (A) * * *
          (B) consider amounts needed by an air carrier to 
        promote public use of the service or transportation for 
        which compensation is being paid; [and]
          (C) include expense elements based on representative 
        costs of air carriers providing scheduled air 
        transportation of passengers, property, and mail on 
        aircraft of the type the Secretary decides is 
        appropriate for providing the service or transportation 
        for which compensation is being provided[.];
          (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.

           *       *       *       *       *       *       *


Sec. 41742. Essential air service authorization

  (a) In General.--
          (1) * * *
          (2) Additional funds.--In addition to amounts 
        authorized under paragraph (1), [there is authorized to 
        be appropriated $77,000,000] there is authorized to be 
        appropriated out of the Airport and Airway Trust Fund 
        $150,000,000 for each fiscal year to carry out the 
        essential air service program under this subchapter of 
        which not more than $12,000,000 per fiscal year may be 
        used for the marketing incentive program for 
        communities and for State marketing assistance.

           *       *       *       *       *       *       *

          (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).
  (b) Funding for Small Community Air Service.--Notwithstanding 
any other provision of law, [moneys credited to the account 
established under section 45303(a) of this title, including the 
funds derived from fees imposed under the authority contained 
in section 45301(a) of this title,] amounts made available 
under subsection (a)(4)(B) shall be used to carry out the 
essential air service program under this subchapter. 
Notwithstanding section 47114(g) of this title, [any amounts 
from those fees] any of such amounts that are not obligated or 
expended at the end of the fiscal year for the purpose of 
funding the essential air service program under this subchapter 
shall be made available to the Administration for use in 
improving rural air safety under subchapter I of chapter 471 of 
this title and shall be used exclusively for projects at rural 
airports under this subchapter.

Sec. 41743. Airports not receiving sufficient service

  (a) * * *

           *       *       *       *       *       *       *

  (c) Criteria for Participation.--In selecting communities, or 
consortia of communities, for participation in the program 
established under subsection (a), the Secretary shall apply the 
following criteria:
          (1) * * *

           *       *       *       *       *       *       *

          (5) Priorities.--The Secretary shall give priority to 
        communities or consortia of communities where--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) the assistance will provide material 
                benefits to a broad segment of the travelling 
                public, including business, educational 
                institutions, and other enterprises, whose 
                access to the national air transportation 
                system is limited; [and]
                  (E) the assistance will be used in a timely 
                [fashion.] fashion; and
                  (F) multiple communities cooperate to submit 
                a regional or multistate application to improve 
                air service.

           *       *       *       *       *       *       *

  (e) Authority To Make Agreements.--
          (1) * * *
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary 
        $20,000,000 for fiscal year 2001, $27,500,000 for each 
        of fiscal years 2002 and 2003, and $35,000,000 for each 
        of fiscal years 2004 through [2009] 2012 to carry out 
        this section. Such sums shall remain available until 
        expended.

           *       *       *       *       *       *       *


[Sec. 41747. EAS local participation program

  [(a) In General.--The Secretary of Transportation shall 
establish a pilot program under which not more than 10 
designated essential air service communities located in 
proximity to hub airports are required to assume 10 percent of 
their essential air service subsidy costs for a 4-year period.
  [(b) Designation of Communities.--
          [(1) In general.--The Secretary may not designate any 
        community under this section unless it is located 
        within 100 miles by road of a hub airport and is not 
        located in a noncontiguous State. In making the 
        designation, the Secretary may take into consideration 
        the total traveltime between a community and the 
        nearest hub airport, taking into account terrain, 
        traffic, weather, road conditions, and other relevant 
        factors.
          [(2) One community per state.--The Secretary may not 
        designate--
                  [(A) more than 1 community per State under 
                this section; or
                  [(B) a community in a State in which another 
                community that is eligible to participate in 
                the essential air service program has elected 
                not to participate in the essential air service 
                program as part of a pilot program under 
                section 41745.
  [(c) Appeal of Designation.--A community may appeal its 
designation under this section. The Secretary may withdraw the 
designation of a community under this section based on--
          [(1) the airport sponsor's ability to pay; or
          [(2) the relative lack of financial resources in a 
        community, based on a comparison of the median income 
        of the community with other communities in the State.
  [(d) Non-Federal Share.--
          [(1) Non-federal amounts.--For purposes of this 
        section, the non-Federal portion of the essential air 
        service subsidy may be derived from contributions in 
        kind, or through reduction in the amount of the 
        essential air service subsidy through reduction of air 
        carrier costs, increased ridership, prepurchase of 
        tickets, or other means. The Secretary shall provide 
        assistance to designated communities in identifying 
        potential means of reducing the amount of the subsidy 
        without adversely affecting air transportation service 
        to the community.
          [(2) Application with other matching requirements.--
        This section shall apply to the Federal share of 
        essential air service provided this subchapter, after 
        the application of any other non- Federal share 
        matching requirements imposed by law.
  [(e) Eligibility for Other Programs Not Affected.--Nothing in 
this section affects the eligibility of a community or 
consortium of communities, an airport sponsor, or any other 
person to participate in any program authorized by this 
subchapter. A community designated under this section may 
participate in any program (including pilot programs) 
authorized by this subchapter for which it is otherwise 
eligible--
          [(1) without regard to any limitation on the number 
        of communities that may participate in that program; 
        and
          [(2) without reducing the number of other communities 
        that may participate in that program.
  [(f) Secretary to Report to Congress on Impact.--The 
Secretary shall transmit 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 on--
          [(1) the economic condition of communities designated 
        under this section before their designation;
          [(2) the impact of designation under this section on 
        such communities at the end of each of the 3 years 
        following their designation; and
          [(3) the impact of designation on air traffic 
        patterns affecting air transportation to and from 
        communities designated under this section.]

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


            CHAPTER 423--AIR PASSENGER SERVICE IMPROVEMENTS

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

Sec. 42301. Emergency contingency plans

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

Sec. 42302. Consumer complaints

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

Sec. 42303. Use of insecticides in passenger aircraft

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

           *       *       *       *       *       *       *


SUBPART III--SAFETY

           *       *       *       *       *       *       *


CHAPTER 443--INSURANCE

           *       *       *       *       *       *       *


Sec. 44302. General authority

  (a) * * *

           *       *       *       *       *       *       *

  (f) Extension of Policies.--
          (1) In general.--The Secretary shall extend through 
        [March 31, 2009] September 30, 2012, and may extend 
        through [May 31, 2009] December 31, 2019, the 
        termination date of any insurance policy that the 
        Department of Transportation issued to an air carrier 
        under subsection (a) and that is in effect on the date 
        of enactment of this subsection on no less favorable 
        terms to the air carrier than existed on June 19, 2002; 
        except that the Secretary shall amend the insurance 
        policy, subject to such terms and conditions as the 
        Secretary may prescribe, to add coverage for losses or 
        injuries to aircraft hulls, passengers, and crew at the 
        limits carried by air carriers for such losses and 
        injuries as of such date of enactment and at an 
        additional premium comparable to the premium charged 
        for third- party casualty coverage under such policy.

           *       *       *       *       *       *       *

          (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. 44303. Coverage

  (a) * * *
  (b) Air Carrier Liability for Third Party Claims Arising Out 
of Acts of Terrorism.--For acts of terrorism committed on or to 
an air carrier during the period beginning on September 22, 
2001, and ending on [May 31, 2009] December 31, 2012, the 
Secretary may certify that the air carrier was a victim of an 
act of terrorism and in the Secretary's judgment, based on the 
Secretary's analysis and conclusions regarding the facts and 
circumstances of each case, shall not be responsible for losses 
suffered by third parties (as referred to in section 
205.5(b)(1) of title 14, Code of Federal Regulations) that 
exceed $100,000,000, in the aggregate, for all claims by such 
parties arising out of such act. If the Secretary so certifies, 
the air carrier shall not be liable for an amount that exceeds 
$100,000,000, in the aggregate, for all claims by such parties 
arising out of such act, and the Government shall be 
responsible for any liability above such amount. No punitive 
damages may be awarded against an air carrier (or the 
Government taking responsibility for an air carrier under this 
subsection) under a cause of action arising out of such act. 
The Secretary may extend the provisions of this subsection to 
an aircraft manufacturer (as defined in section 44301) of the 
aircraft of the air carrier involved.

Sec. 44304. Reinsurance

  To the extent the Secretary of Transportation is authorized 
to provide insurance under this chapter, the Secretary may 
reinsure any part of the insurance provided by an insurance 
carrier. The Secretary may reinsure with, transfer to, or 
transfer back to, [the carrier] any insurance carrier any 
insurance or reinsurance provided by the Secretary under this 
chapter.

           *       *       *       *       *       *       *


Sec. 44308. Administrative

  (a) * * *

           *       *       *       *       *       *       *

  (c) Underwriting Agent.--(1) The Secretary may, and when 
practical shall, employ an insurance carrier or group of 
insurance carriers to act as an underwriting agent. The 
Secretary may use the [agent] agent, or a claims adjuster who 
is independent of the underwriting agent, to adjust claims 
under this chapter, but claims may be paid only when approved 
by the Secretary.

           *       *       *       *       *       *       *


Sec. 44310. Ending effective date

  The authority of the Secretary of Transportation to provide 
insurance and reinsurance under this chapter is not effective 
after [December 31, 2013] December 31, 2019.

           *       *       *       *       *       *       *


CHAPTER 445--FACILITIES, PERSONNEL, AND RESEARCH

           *       *       *       *       *       *       *


Sec. 44504. Improved aircraft, aircraft engines, propellers, and 
                    appliances

  (a) * * *
  (b) Research.--The Administrator shall conduct or supervise 
research--
          (1) * * *

           *       *       *       *       *       *       *

          (6) to develop advanced aircraft fuels with low 
        flammability and technologies that will contain 
        aircraft fuels to minimize post-crash fire hazards; 
        [and]
          (7) to develop technologies and methods to assess the 
        risk of and prevent defects, failures, and malfunctions 
        of products, parts, processes, and articles 
        manufactured for use in aircraft, aircraft engines, 
        propellers, and appliances that could result in a 
        catastrophic failure of an aircraft[.]; and
          (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.

           *       *       *       *       *       *       *


Sec. 44505. Systems, procedures, facilities, and devices

  (a) * * *
  (b) Research on Human Factors and Simulation Models.--The 
Administrator shall conduct or supervise research--
          (1) * * *

           *       *       *       *       *       *       *

          (4) to identify innovative and effective corrective 
        measures for human errors that adversely affect air 
        safety; [and]
          (5) to develop dynamic simulation models of the air 
        traffic control system and airport design and operating 
        procedures that will provide analytical technology--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) to test proposed revisions in airport and 
                air traffic control operations programs[.];
          (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. 44511. Aviation research grants

  (a) * * *

           *       *       *       *       *       *       *

  (f) Airport Cooperative Research Program.--
          (1) Establishment.--The Secretary of Transportation 
        shall [establish a 4-year pilot] maintain an airport 
        cooperative research program to--
                  (A) * * *

           *       *       *       *       *       *       *

          (4) Report.--Not later than 6 months after the 
        [expiration of the program] expiration of the pilot 
        program under this subsection, the Secretary shall 
        transmit to the Congress a report on the [program, 
        including recommendations as to the need for 
        establishing a permanent airport cooperative research 
        program] program.

           *       *       *       *       *       *       *


Sec. 44513. Regional centers of air transportation excellence

  (a) * * *

           *       *       *       *       *       *       *

  [(f) Government's Share of Costs.--The United States 
Government's share of a grant under this section is 50 percent 
of the costs of establishing and operating the center and 
related research activities that the grant recipient carries 
out.]
  (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.

           *       *       *       *       *       *       *


                     CHAPTER 447--SAFETY REGULATION

Sec.
44701. General requirements.
     * * * * * * *
44730. Inspection of foreign repair stations.
44731. Occupational safety and health standards for flight attendants on 
          board aircraft.

           *       *       *       *       *       *       *


Sec. 44703. Airman certificates

  (a) * * *

           *       *       *       *       *       *       *

  (d) Appeals.--(1) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


Sec. 44704. Type certificates, production certificates, airworthiness 
                    certificates and design organization certificates

  (a) Type Certificates.--
          (1) * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

  (e) Design Organization Certificates.--
          (1) Issuance.--[Beginning 7 years after the date of 
        enactment of this subsection,] Beginning January 1, 
        2014, the Administrator may issue a design organization 
        certificate to a design organization to authorize the 
        organization to certify compliance with the 
        requirements and minimum standards prescribed under 
        section 44701(a) for the type certification of 
        aircraft, aircraft engines, propellers, or appliances.

           *       *       *       *       *       *       *


Sec. 44711. Prohibitions and exemption

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


Sec. 44730. Inspection of foreign repair stations

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

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

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

           *       *       *       *       *       *       *


                           CHAPTER 453--FEES

Sec.
45301. General provisions.
     * * * * * * *
45305. Registration, certification, and related fees.

Sec. 45301. General provisions

  (a) * * *
  [(b) Limitations.--
          [(1) Authorization and impact considerations.--In 
        establishing fees under subsection (a), the 
        Administrator--
                  [(A) is authorized to recover in fiscal year 
                1997 $100,000,000; and
                  [(B) shall ensure that each of the fees 
                required by subsection (a) is reasonably 
                related to the Administration's costs, as 
                determined by the Administrator, of providing 
                the service 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) Publication; comment.--The Administrator shall 
        publish in the Federal Register an initial fee schedule 
        and associated collection process as an interim final 
        rule, pursuant to which public comment will be sought 
        and a final rule issued.]
  (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 May 1, 2009, and 
        are intended to ensure that overflight fees are 
        reasonably related to the Administrator's costs of 
        providing air traffic control and related services to 
        overflights.
          (3) Aircraft altitude.--Nothing in this section shall 
        require the Administrator to take into account aircraft 
        altitude in establishing any fee for aircraft 
        operations in en route or oceanic airspace.
          (4) Costs defined.--In this subsection, the term 
        ``costs'' includes those costs associated with the 
        operation, maintenance, leasing costs, and overhead 
        expenses of the services provided and the facilities 
        and equipment used in such services, including the 
        projected costs for the period during which the 
        services will be provided.
          (5) Publication; comment.--The Administrator shall 
        publish in the Federal Register any fee schedule under 
        this section, including any adjusted overflight fee 
        schedule, and the associated collection process as an 
        interim final rule, pursuant to which public comment 
        will be sought and a final rule issued.

           *       *       *       *       *       *       *

  (e) Adjustments.--In addition to adjustments under subsection 
(b), the Administrator may periodically adjust the fees 
established under this section.

Sec. 45302. Fees involving aircraft not providing air transportation

  (a) * * *

           *       *       *       *       *       *       *

  (e) Effective Date.--[A fee]
          (1) In general.--A fee may not be imposed under this 
        section before the date on which the regulations 
        prescribed under sections 44111(d), 44703(f)(2), and 
        44713(d)(2) of this title take effect.
          (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.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


SUBPART IV--ENFORCEMENT AND PENALTIES

           *       *       *       *       *       *       *


CHAPTER 463--PENALTIES

           *       *       *       *       *       *       *


Sec. 46301. Civil penalties

  (a) General Penalty.--(1) A person is liable to the United 
States Government for a civil penalty of not more than $25,000 
(or $1,100 if the person is an individual or small business 
concern) for violating--
          (A) chapter 401 (except sections 40103(a) and (d), 
        40105, 40116, and 40117), chapter 411, chapter 413 
        (except sections 41307 and 41310(b)-(f)), chapter 415 
        (except sections 41502, 41505, and 41507 - 41509), 
        chapter 417 (except sections 41703, 41704, 41710, 
        41713, and 41714), chapter 419, subchapter II or III of 
        chapter 421, chapter 423, chapter 441 (except section 
        44109), section 44502(b) or (c), chapter 447 (except 
        sections 44717 and 44719 - 44723), chapter 449 (except 
        sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and 
        (d)(1)(C)-(f), and 44908), chapter 451, section 
        47107(b) (including any assurance made under such 
        section), or section 47133 of this title;

           *       *       *       *       *       *       *

  (5) Penalties applicable to individuals and small business 
concerns.--
          (A) An individual (except an airman serving as an 
        airman) or small business concern is liable to the 
        Government for a civil penalty of not more than $10,000 
        for violating--
                  (i) chapter 401 (except sections 40103(a) and 
                (d), 40105, 40106(b), 40116, and 40117), 
                section 44502 (b) or (c), chapter 447 (except 
                sections 44717-44723), [or chapter 449] chapter 
                449 (except sections 44902, 44903(d), 44904, 
                and 44907- 44909), or chapter 451 of this 
                title; or

           *       *       *       *       *       *       *

  (c) Procedural Requirements.--(1) The Secretary of 
Transportation may impose a civil penalty for the following 
violations only after notice and an opportunity for a hearing:
          (A) a violation of subsection (b) of this section or 
        chapter 411, chapter 413 (except sections 41307 and 
        41310(b)-(f)), chapter 415 (except sections 41502, 
        41505, and 41507-41509), chapter 417 (except sections 
        41703, 41704, 41710, 41713, and 41714), chapter 419, 
        subchapter II of chapter 421, chapter 423, or section 
        44909 of this title.

           *       *       *       *       *       *       *

  (d) Administrative Imposition of Penalties.--(1) * * *
  (2) The Administrator of the Federal Aviation Administration 
may impose a civil penalty for a violation of chapter 401 
(except sections 40103(a) and (d), 40105, 40106(b), 40116, and 
40117), chapter 441 (except section 44109), section 44502(b) or 
(c), chapter 447 (except sections 44717 and 44719-44723), 
chapter 451 (except section 45107) or section 46301(b), 46302 
(for a violation relating to section 46504), 46318, 46319, or 
47107(b) (as further defined by the Secretary under section 
47107(l) and including any assurance made under section 
47107(b)) of this title or a regulation prescribed or order 
issued under any of those provisions. The Secretary of Homeland 
Security may impose a civil penalty for a violation of chapter 
449 (except sections 44902, 44903(d), 44907(a)-(d)(1)(A), 
44907(d)(1)(C)-(f), 44908, and 44909), section 45107 or 46302 
(except for a violation relating to section 46504), 46303, or a 
regulation prescribed or order issued under such chapter 449. 
The Secretary of Homeland Security or Administrator shall give 
written notice of the finding of a violation and the penalty.

           *       *       *       *       *       *       *


PART B--AIRPORT DEVELOPMENT AND NOISE

           *       *       *       *       *       *       *


                    CHAPTER 471--AIRPORT DEVELOPMENT

                    SUBCHAPTER I--AIRPORT IMPROVEMENT

Sec.
47101. Policies.
     * * * * * * *
[47129. Resolution of airport-air carrier disputes concerning airport 
          fees.]
47129. Resolution of airport-carrier disputes concerning airport fees.
     * * * * * * *

                   SUBCHAPTER I--AIRPORT IMPROVEMENT

Sec. 47101. Policies

  (a) * * *

           *       *       *       *       *       *       *

  (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.

Sec. 47102. Definitions

  In this subchapter--
          (1) * * *

           *       *       *       *       *       *       *

          (3) ``airport development'' means the following 
        activities, if undertaken by the sponsor, owner, or 
        operator of a public-use airport:
                  (A) * * *
                  (B) acquiring for, or installing at, a 
                public-use airport--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iv) firefighting and rescue 
                        equipment at an airport that serves 
                        scheduled passenger operations of air 
                        carrier aircraft designed for more than 
                        [20] 9 passenger seats;

           *       *       *       *       *       *       *

                  (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.

           *       *       *       *       *       *       *

          (5) ``airport planning'' means planning as defined by 
        regulations the Secretary prescribes and includes 
        integrated airport system planning, developing an 
        environmental management system, 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.

           *       *       *       *       *       *       *

          (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.
          [(8)] (9) ``integrated airport system planning'' 
        means developing for planning purposes information and 
        guidance to decide the extent, kind, location, and 
        timing of airport development needed in a specific area 
        to establish a viable, balanced, and integrated system 
        of public-use airports, including--
                  (A) * * *

           *       *       *       *       *       *       *

          [(9)] (10) ``landed weight'' means the weight of 
        aircraft transporting only cargo in intrastate, 
        interstate, and foreign air transportation, as the 
        Secretary determines under regulations the Secretary 
        prescribes.
          [(10)] (11) ``large hub airport'' means a commercial 
        service airport that has at least 1.0 percent of the 
        passenger boardings.
          [(11)] (12) ``low-emission technology'' means 
        technology for vehicles and equipment whose emission 
        performance is the best achievable under emission 
        standards established by the Environmental Protection 
        Agency and that relies exclusively on alternative fuels 
        that are substantially nonpetroleum based, as defined 
        by the Department of Energy, but not excluding hybrid 
        systems or natural gas powered vehicles.
          [(12)] (13) ``medium hub airport'' means a commercial 
        service airport that has at least 0.25 percent but less 
        than 1.0 percent of the passenger boardings.
          [(13)] (14) ``nonhub airport'' means a commercial 
        service airport that has less than 0.05 percent of the 
        passenger boardings.
          [(14)] (15) ``passenger boardings''--
                  (A) * * *

           *       *       *       *       *       *       *

          [(15)] (16) ``primary airport'' means a commercial 
        service airport the Secretary determines to have more 
        than 10,000 passenger boardings each year.
          [(16)] (17) ``project'' means a project, separate 
        projects included in one project grant application, or 
        all projects to be undertaken at an airport in a fiscal 
        year, to achieve airport development or airport 
        planning.
          [(17)] (18) ``project cost'' means a cost involved in 
        carrying out a project.
          [(18)] (19) ``project grant'' means a grant of money 
        the Secretary makes to a sponsor to carry out at least 
        one project.
          [(19)] (20) ``public agency'' means--
                  (A) * * *

           *       *       *       *       *       *       *

          [(20)] (21) ``public airport'' means an airport used 
        or intended to be used for public purposes--
                  (A) * * *

           *       *       *       *       *       *       *

          [(21)] (22) ``public-use airport'' means--
                  (A) * * *

           *       *       *       *       *       *       *

          [(22)] (23) ``reliever airport'' means an airport the 
        Secretary designates to relieve congestion at a 
        commercial service airport and to provide more general 
        aviation access to the overall community.
          (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.
          [(23)] (25) ``small hub airport'' means a commercial 
        service airport that has at least 0.05 percent but less 
        than 0.25 percent of the passenger boardings.
          [(24)] (26) ``sponsor'' means--
                  (A) * * *

           *       *       *       *       *       *       *

          [(25)] (27) ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the 
        Virgin Islands, American Samoa, the Northern Mariana 
        Islands, the Trust Territory of the Pacific Islands, 
        and Guam.
          (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. 47103. National plan of integrated airport systems

  (a) General Requirements and Considerations.--The Secretary 
of Transportation shall maintain the plan for developing 
public-use airports in the United States, named ``the national 
plan of integrated airport systems''. The plan shall include 
the kind and estimated cost of eligible airport development the 
Secretary of Transportation considers necessary to provide a 
safe, efficient, and integrated system of public-use airports 
adequate to anticipate and meet the needs of civil aeronautics, 
to meet the national defense requirements of the Secretary of 
Defense, and to meet identified needs of the United States 
Postal Service. Airport development included in the plan may 
not be limited to meeting the needs of any particular classes 
or categories of public-use airports. In maintaining the plan, 
the Secretary of Transportation shall consider the needs of 
each segment of civil aviation and the relationship of [each 
airport to--] the airport system to--
          (1) the rest of the transportation [system in the 
        particular area;] system, including connection to the 
        surface transportation network; and
          (2) forecasted technological developments in 
        aeronautics[; and].
          [(3) forecasted developments in other modes of 
        intercity transportation.]
  (b) Specific Requirements.--In maintaining the plan, the 
Secretary of Transportation shall--
          (1) to the extent possible and as appropriate, 
        consult with departments, agencies, and 
        instrumentalities of the United States Government, with 
        public agencies, and with the aviation community[;]; 
        and
          [(2) consider tall structures that reduce safety or 
        airport capacity; and]
          [(3)] (2) make every reasonable effort to address the 
        needs of air cargo operations[, Short Takeoff and 
        Landing/Very Short Takeoff and Landing aircraft 
        operations,] and rotary wing aircraft operations.

           *       *       *       *       *       *       *

  (d) Publication.--The Secretary of Transportation shall 
publish the [status of the] plan every 2 years.

Sec. 47104. Project grant authority

  (a) * * *

           *       *       *       *       *       *       *

  (c) Expiration of Authority.--After [March 31, 2009] 
September 30, 2012, the Secretary may not incur obligations 
under subsection (b) of this section, except for obligations of 
amounts--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 47106. Project grant application approval conditioned on 
                    satisfaction of project requirements

  (a) Project Grant Application Approval.--The Secretary of 
Transportation may approve an application under this subchapter 
for a project grant only if the Secretary is satisfied that--
          (1) * * *

           *       *       *       *       *       *       *

          (4) the project will be completed without 
        unreasonable delay; [and]
          (5) the sponsor has authority to carry out the 
        project as proposed[.]; and
          (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.

           *       *       *       *       *       *       *

  (f) Competition Plans.--
          (1) Prohibition.--Beginning in fiscal year 2001, no 
        passenger facility [fee] charge may be approved for a 
        covered airport under section 40117 and no grant may be 
        made under this subchapter for a covered airport unless 
        the airport has submitted to the Secretary a written 
        competition plan in accordance with this subsection.
          (2) Contents.--A competition plan under this 
        subsection shall include information on the 
        availability of airport gates and related facilities, 
        leasing and sub-leasing arrangements, gate-use 
        requirements, [patterns of air service,] gate-
        assignment policy, financial constraints, airport 
        controls over air- and ground-side capacity, and 
        whether the airport intends to build or acquire gates 
        that would be used as common facilities[, and airfare 
        levels (as compiled by the Department of 
        Transportation) compared to other large airports].

           *       *       *       *       *       *       *


Sec. 47107. Project grant application approval conditioned on 
                    assurances about airport operations

  (a) General Written Assurances.--The Secretary of 
Transportation may approve a project grant application under 
this subchapter for an airport development project only if the 
Secretary receives written assurances, satisfactory to the 
Secretary, that--
          (1) * * *

           *       *       *       *       *       *       *

          (16) the airport owner or operator will maintain a 
        current layout plan of the airport that meets the 
        following requirements:
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) when an alteration in the airport or its 
                facility is made that does not conform to the 
                approved plan and that the Secretary decides 
                adversely affects the safety, utility, or 
                efficiency of any property on or off the 
                airport that is owned, leased, or financed by 
                the Government, the owner or operator, if 
                requested by the Secretary, will--
                          (i) * * *
                          (ii) bear all cost of relocating the 
                        property or its replacement to a site 
                        acceptable to the Secretary and of 
                        restoring the property or its 
                        replacement to the level of safety, 
                        utility, efficiency, and cost of 
                        operation that existed before the 
                        alteration was made, except in the case 
                        of a relocation or replacement of an 
                        existing airport facility that meets 
                        the conditions of section 47110(d);

           *       *       *       *       *       *       *

  (c) Written Assurances on Acquiring Land.--(1) * * *
  (2) The Secretary of Transportation may approve an 
application under this subchapter for an airport development 
project grant only if the Secretary receives written 
assurances, satisfactory to the Secretary, that if an airport 
owner or operator has received or will receive a grant for 
acquiring land and--
          (A) if the land was or will be acquired for a noise 
        compatibility purpose--
                  (i) * * *

           *       *       *       *       *       *       *

                  (iii) the part of the proceeds from disposing 
                of the land that is proportional to the 
                Government's share of the cost of acquiring the 
                land will be [paid 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) or, as 
                the Secretary prescribes, reinvested in an 
                approved noise compatibility project, including 
                the purchase of nonresidential buildings or 
                property in the vicinity of residential 
                buildings or property previously purchased by 
                the airport as part of a noise compatibility 
                program] reinvested in another project at the 
                airport or transferred to another airport as 
                the Secretary prescribes under paragraph (4); 
                or
          (B) if the land was or will be acquired for an 
        airport purpose (except a noise compatibility 
        purpose)--
                  (i) * * *

           *       *       *       *       *       *       *

                  (iii) the part of the proceeds from disposing 
                of the land that is proportional to the 
                Government's share of the cost of acquiring the 
                land will be reinvested, on application to the 
                Secretary, in another eligible airport 
                development project the Secretary approves 
                under this subchapter or paid to the Secretary 
                for deposit in [the Fund] the Airport and 
                Airway Trust Fund established under section 
                9502 of the Internal Revenue Code of 1986 (26 
                U.S.C. 9502) if another eligible project does 
                not exist.

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

  (e) Written Assurances of Opportunities for Small Business 
Concerns.--(1) * * *

           *       *       *       *       *       *       *

  (8) Mandatory training program for airport concessions.--
          (A) In general.--Not later than one year after the 
        date of enactment of the FAA Reauthorization Act of 
        2009, the Secretary shall establish a mandatory 
        training program for persons described in subparagraph 
        (C) on the certification of whether a small business 
        concern in airport concessions qualifies as a small 
        business concern owned and controlled by a socially and 
        economically disadvantaged individual for purposes of 
        paragraph (1).
          (B) Implementation.--The training program may be 
        implemented by one or more private entities approved by 
        the Secretary.
          (C) Participants.--A person referred to in paragraph 
        (1) is an official or agent of an airport owner or 
        operator who is required to provide a written assurance 
        under paragraph (1) that the airport owner or operator 
        will meet the percentage goal of paragraph (1) or who 
        is responsible for determining whether or not a small 
        business concern in airport concessions qualifies as a 
        small business concern owned and controlled by a 
        socially and economically disadvantaged individual for 
        purposes of paragraph (1).
          (D) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out this paragraph.
  [(8)] (9) Not later than April 29, 1993, the Secretary of 
Transportation shall prescribe regulations to carry out this 
subsection.

           *       *       *       *       *       *       *

  (s) Competition Disclosure Requirement.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Sunset provision.--This subsection shall cease to 
        be effective beginning [April 1, 2009] September 30, 
        2012.

Sec. 47108. Project grant agreements

  (a) * * *

           *       *       *       *       *       *       *

  (e) Change in Airport Status.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Changes to nonhub primary status.--If the status 
        of a nonhub primary airport changes to a small hub 
        primary airport at a time when the airport has received 
        discretionary funds under this chapter for a terminal 
        development project in accordance with [section 
        47110(d)(2)] section 47119(a), and the project is not 
        yet completed, the project shall remain eligible for 
        funding from the discretionary fund and the small 
        airport fund to pay costs allowable under [section 
        47110(d)] section 47119(a). Such project shall remain 
        eligible for such funds for three fiscal years after 
        the start of construction of the project, or if the 
        Secretary determines that a further extension of 
        eligibility is justified, until the project is 
        completed.

Sec. 47109. United States Government's share of project costs

  (a) General.--Except as [provided in subsection (b) or 
subsection (c) of this section] otherwise specifically provided 
in this section, the United States Government's share of 
allowable project costs is--
          (1) * * *

           *       *       *       *       *       *       *

          (3) 90 percent for a project at any other airport[;]; 
        and
          [(4) 70 percent for a project funded by the 
        Administrator from the discretionary fund under section 
        47115 at an airport receiving an exemption under 
        section 47134; and]
          [(5)] (4) for fiscal year 2002, 100 percent for a 
        project described in section 47102(3)(J), 47102(3)(K), 
        or 47102(3)(L).

           *       *       *       *       *       *       *

  (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. 47110. Allowable project costs

  (a) * * *
  (b) Allowable Cost Standards.--A project cost is allowable--
          (1) * * *
          (2)(A) * * *

           *       *       *       *       *       *       *

          [(D) if the cost is incurred after September 11, 
        2001, for a project described in section 47102(3)(J), 
        47102(3)(K), or 47102(3)(L) and shall not depend upon 
        the date of execution of a grant agreement made under 
        this subchapter;]
          (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;

           *       *       *       *       *       *       *

  [(d) Terminal Development Costs.--(1) The Secretary may 
decide that the cost of terminal development (including multi-
modal terminal development) in a nonrevenue-producing public-
use area of a commercial service airport is allowable for an 
airport development project at the 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 of this title;
                  [(ii) all the security equipment required by 
                regulation; and
                  [(iii) provided for access, to the area of 
                the airport for passengers for boarding or 
                exiting aircraft, to those passengers boarding 
                or exiting aircraft, except 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) In making a decision under paragraph (1) of this 
subsection, 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.]
  (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.
  (e) Letters of Intent.--(1) * * *

           *       *       *       *       *       *       *

  (5) Letters of intent.--The Secretary may not require an 
eligible agency to impose a passenger facility [fee] charge 
under section 40117 in order to obtain a letter of intent under 
this section.

           *       *       *       *       *       *       *

  (h) Nonprimary Airports.--The Secretary may decide that the 
costs of construction of revenue producing aeronautical support 
facilities[, including fuel farms and hangars,] are allowable 
for an airport development project at a nonprimary airport if 
the Government's share of such costs is paid only with funds 
apportioned to the airport sponsor under section 47114(d)(3)(A) 
and if the Secretary determines that the sponsor has made 
adequate provision for financing airside needs of the airport.

           *       *       *       *       *       *       *


Sec. 47112. Carrying out airport development projects

  (a) * * *

           *       *       *       *       *       *       *

  (c) Veterans' Preference.--(1) In this subsection--
          (A) * * *
          (B) ``Vietnam-era veteran'' means an individual who 
        served on active duty (as defined in section 101 of 
        title 38) in the armed forces for more than 180 
        consecutive days, any part of which occurred after 
        August 4, 1964, and before May 8, 1975, and who was 
        [separated from] discharged or released from active 
        duty in the armed forces under honorable conditions.
          (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.
  (2) A contract involving labor for carrying out an airport 
development project under a grant agreement under this 
subchapter must require that preference in the employment of 
labor (except in executive, administrative, and supervisory 
positions) be given to Vietnam-era [veterans and] veterans, 
Afghanistan-Iraq war veterans, and disabled veterans when they 
are available and qualified for the employment.
  (3) A contract involving labor for carrying out an airport 
development project under a grant agreement under this 
subchapter must require that a preference be given to the use 
of small business concerns (as defined in section 3 of the 
Small Business Act (15 U.S.C. 1632)) owned and controlled by 
disabled veterans.

Sec. 47113. Minority and disadvantaged business participation

  (a) * * *

           *       *       *       *       *       *       *

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

Sec. 47114. Apportionments

  (a) * * *

           *       *       *       *       *       *       *

  (d) Amounts Apportioned for General Aviation Airports.--
          (1) * * *
          (2) Apportionment.--[Except as provided in paragraph 
        (3), the Secretary] The Secretary shall apportion to 
        the States [18.5 percent] 10 percent of the amount 
        subject to apportionment for each fiscal year as 
        follows:
                  (A) * * *

           *       *       *       *       *       *       *

          [(3) Special rule.--In any fiscal year in which the 
        total amount made available under section 48103 is 
        $3,200,000,000 or more, rather than making an 
        apportionment under paragraph (2), the Secretary shall 
        apportion 20 percent of the amount subject to 
        apportionment for each fiscal year as follows:
                  [(A) 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) Any remaining amount to States as 
                follows:
                          [(i) 0.62 percent of the remaining 
                        amount to Guam, American Samoa, the 
                        Commonwealth of the Northern Mariana 
                        Islands, and the Virgin Islands.
                          [(ii) Except as provided in paragraph 
                        (4), 49.69 percent of the remaining 
                        amount for airports, excluding primary 
                        airports but including reliever and 
                        nonprimary commercial service airports, 
                        in States not named in clause (i) in 
                        the proportion that the population of 
                        each of those States bears to the total 
                        population of all of those States.
                          [(iii) Except as provided in 
                        paragraph (4), 49.69 percent of the 
                        remaining amount for airports, 
                        excluding primary airports but 
                        including reliever and nonprimary 
                        commercial service airports, in States 
                        not named in clause (i) in the 
                        proportion that the area of each of 
                        those States bears to the total area of 
                        all of those States.]
          (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.

           *       *       *       *       *       *       *

  (e) Supplemental Apportionment for Alaska and Puerto Rico.--
          (1) * * *

           *       *       *       *       *       *       *

          (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.
  (f) Reducing Apportionments.--
          (1) In general.--Subject to paragraph (3), an amount 
        that would be apportioned under this section (except 
        subsection (c)(2) in a fiscal year to the sponsor of an 
        airport having at least .25 percent of the total number 
        of boardings each year in the United States and for 
        which a [fee] charge is imposed in the fiscal year 
        under section 40117 of this title shall be reduced by 
        an amount equal to--
                  (A) in the case of a [fee] charge of $3.00 or 
                less, 50 percent of the projected revenues from 
                the [fee] charge in the fiscal year but not by 
                more than 50 percent of the amount that 
                otherwise would be apportioned under this 
                section; [and]
                  (B) except as provided by subparagraph (C), 
                in the case of a [fee] charge of more than 
                $3.00, 75 percent of the projected revenues 
                from the [fee] charge in the fiscal year but 
                not by more than 75 percent of the amount that 
                otherwise would be apportioned under this 
                section[.]; and
                  (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.
          (2) Effective date of reduction.--A reduction in an 
        apportionment required by paragraph (1) shall not take 
        effect until the first fiscal year following the year 
        in which the collection of the [fee] charge imposed 
        under section 40117 is begun.
          (3) Special rule for transitioning airports.--
                  (A) In general.--Beginning with the fiscal 
                year following the first calendar year in which 
                the sponsor of an airport has more than .25 
                percent of the total number of boardings in the 
                United States, the sum of the amount that would 
                be apportioned under this section after 
                application of paragraph (1) in a fiscal year 
                to such sponsor and the projected revenues to 
                be derived from the [fee] charge in such fiscal 
                year shall not be less than the sum of the 
                apportionment to such airport for the preceding 
                fiscal year and the revenues derived from such 
                [fee] charge in the preceding fiscal year.

           *       *       *       *       *       *       *


Sec. 47115. Discretionary fund

  (a) * * *

           *       *       *       *       *       *       *

  (g) Minimum Amount To Be Credited.--
          (1) General rule.--In a fiscal year, there shall be 
        credited to the fund, out of amounts made available 
        under section 48103 of this title, an amount that is at 
        least equal to [the sum of--
                  [(A) $148,000,000; plus
                  [(B) the total amount required from the fund 
                to carry out in the fiscal year letters of 
                intent issued before January 1, 1996, under 
                section 47110(e) of this title or the Airport 
                and Airway Improvement Act of 1982.] sum 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.

           *       *       *       *       *       *       *

  (j) Marshall Islands, Micronesia, and Palau.--For [fiscal 
years 2004 through 2008, and for the portion of fiscal year 
2009 ending before April 1, 2009,] fiscal years 2008 through 
2012, the sponsors of airports located in the Republic of the 
Marshall Islands, Federated States of Micronesia, and Republic 
of Palau shall be eligible for grants under this section and 
section 47116.

           *       *       *       *       *       *       *


Sec. 47117. Use of apportioned amounts

  (a) * * *

           *       *       *       *       *       *       *

  (e) Special Apportionment Categories.--(1) The Secretary 
shall use amounts available to the discretionary fund under 
section 47115 of this title for each fiscal year as follows:
          (A) At least [35 percent] $300,000,000 for grants for 
        airport noise compatibility planning under section 
        47505(a)(2), for carrying out noise compatibility 
        programs under section 47504(c), for noise mitigation 
        projects approved in an environmental record of 
        decision for an airport development project under this 
        title, for compatible land use planning and projects 
        carried out by State and local governments under 
        section 47141, [and] for airport development described 
        in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to 
        comply with the Clean Air Act (42 U.S.C. 7401 et seq.), 
        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. The Secretary may count the amount of grants 
        made for such planning and programs with funds 
        apportioned under section 47114 in that fiscal year in 
        determining whether or not [such 35 percent requirement 
        is] the requirements of the preceding sentence are 
        being met in that fiscal year.

           *       *       *       *       *       *       *


Sec. 47119. Terminal development costs

  (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.
  [(a)] (b) Repaying Borrowed Money.--
  (1) * * *

           *       *       *       *       *       *       *

  (3) Terminal development costs at primary airports.--An 
amount apportioned under section 47114 or available under 
subsection (b)(3) to a primary airport--
          (A) * * *

           *       *       *       *       *       *       *

is available to repay immediately money borrowed and used to 
pay the costs for such terminal development if those costs 
would be allowable project costs under [section 47110(d)] 
subsection (a).
  (4) Conditions for grant.--An amount is available for a grant 
under this subsection only if--
          (A) the sponsor submits the certification required 
        under [section 47110(d)] subsection (a);

           *       *       *       *       *       *       *

  (5) Applicability of certain limitations.--A grant under this 
subsection shall be subject to the limitations in [subsection 
(b)(1) and (2)] subsections (c)(1) and (c)(2).

           *       *       *       *       *       *       *

  [(b)] (c) Availability of Amounts.--In a fiscal year, the 
Secretary may make available--
          (1) * * *
          (2) on approval of the Secretary, not more than 
        $200,000 of the amount that may be distributed for the 
        fiscal year from the discretionary fund established 
        under section 47115 of this title--
                  (A) to a sponsor of a nonprimary commercial 
                service airport to pay project costs allowable 
                under [section 47110(d) of this title] 
                subsection (a); and
                  (B) to a sponsor of a reliever airport for 
                the types of project costs allowable under 
                [section 47110(d)] subsection (a), including 
                project costs allowable for a commercial 
                service airport that each year does not have 
                more than .05 percent of the total boardings in 
                the United States;
          (3) for use by a primary airport that each year does 
        not have more than .05 percent of the total boardings 
        in the United States, any part of amounts that may be 
        distributed for the fiscal year from the discretionary 
        fund and small airport fund to pay project costs 
        allowable under [section 47110(d) of this title] 
        subsection (a);
          (4) not more than $25,000,000 to pay project costs 
        allowable for the fiscal year under [section 47110(d) 
        of this title] subsection (a) for projects at 
        commercial service airports that were not eligible for 
        assistance for terminal development during the fiscal 
        year ending September 30, 1980, under section 20(b) of 
        the Airport and Airway Development Act of 1970; or
          (5) to a sponsor of a nonprimary airport, any part of 
        amounts apportioned to the sponsor for the fiscal year 
        under section 47114(d)(3)(A) for project costs 
        allowable under [section 47110(d)] subsection (a).
  [(c)] (d) Nonhub Airports.--With respect to a project at a 
commercial service airport which annually has less than 0.05 
percent of the total enplanements in the United States, the 
Secretary may approve the use of the amounts described in 
subsection (a) notwithstanding the requirements of sections 
47107(a)(17), 47112, and 47113.
  [(d)] (e) Determination of Passenger Boarding at Commercial 
Service Airports.--For the purpose of determining whether an 
amount may be distributed for a fiscal year from the 
discretionary fund in accordance with subsection (b)(2)(A) to a 
commercial service airport, the Secretary shall make the 
determination of whether or not a public airport is a 
commercial service airport on the basis of the number of 
passenger boardings and type of air service at the public 
airport in the calendar year that includes the first day of 
such fiscal year or the preceding calendar year, whichever is 
more beneficial to the airport.
  (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).

           *       *       *       *       *       *       *


Sec. 47124. Agreements for State and local operation of airport 
                    facilities

  (a) * * *
  (b) Air Traffic Control Contract Program.--[(1) The 
Secretary]
  (1) Contract tower program.--
          (A) Continuation and extension.--The Secretary shall 
        continue the low activity (Visual Flight Rules) level I 
        air traffic control tower contract program established 
        under subsection (a) of this section for towers 
        existing on December 30, 1987, and extend the program 
        to other towers as practicable.
          (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).
  [(2) The Secretary]
  (2) General authority.--The Secretary may make a contract 
with a qualified entity (as determined by the Secretary) or, on 
a sole source basis, with a State or a political subdivision of 
a State to allow the entity, State, or subdivision to operate 
an airport traffic control tower classified as a level I 
(Visual Flight Rules) tower if the Secretary decides that the 
entity, State, or subdivision has the capability to comply with 
the requirements of this paragraph. The contract shall require 
that the entity, State, or subdivision comply with applicable 
safety regulations in operating the facility and with 
applicable competition requirements in making a subcontract to 
perform work to carry out the contract.
  (3) Contract air traffic control tower program.--
          (A) * * *

           *       *       *       *       *       *       *

          (E) Use of excess funds.--If the Secretary finds that 
        all or part of an amount made available under this 
        subparagraph is not required during a fiscal year to 
        carry out this paragraph, the Secretary may use, during 
        such fiscal year, the amount not so required to carry 
        out the program continued under paragraph (1).
          [(E)] (F) Funding.--Of the amounts appropriated 
        pursuant to section 106(k), not more than $6,500,000 
        for fiscal 2004, $7,000,000 for fiscal year 2005, 
        $7,500,000 for fiscal year 2006, [and] $8,000,000 for 
        fiscal year 2007, $8,500,000 for fiscal year 2008, 
        $9,000,000 for fiscal year 2009, $9,500,000 for fiscal 
        year 2010, $10,000,000 for fiscal year 2011, and 
        $10,000,000 for fiscal year 2012 may be used to carry 
        out this paragraph.
  (4) Construction of air traffic control towers.--
          (A) * * *

           *       *       *       *       *       *       *

          (C) Limitation on federal share.--The Federal share 
        of the cost of construction of a nonapproach control 
        tower under this paragraph may not exceed [$1,500,000] 
        $2,000,000.
  (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. 47128. State block grant program

  (a) General Requirements.--The Secretary of Transportation 
shall [prescribe regulations] issue guidance to carry out a 
State block grant program. The [regulations] guidance shall 
provide that the Secretary may designate not more than 9 
qualified States for fiscal years 2000 and 2001 and 10 
qualified States for each fiscal year thereafter to assume 
administrative responsibility for all airport grant amounts 
available under this subchapter, except for amounts designated 
for use at primary airports.
  (b) Applications and Selection.--A State wishing to 
participate in the program must submit an application to the 
Secretary. The Secretary shall select a State on the basis of 
its application only after--
          (1) * * *

           *       *       *       *       *       *       *

          (4) finding that the State has agreed to comply with 
        United States Government standard requirements for 
        administering the block grant, 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; and

           *       *       *       *       *       *       *

  (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. 47129. Resolution of airport-[air carrier] carrier disputes 
                    concerning airport fees

  (a) Authority To Request Secretary's Determination.--
          (1) In general.--The Secretary of Transportation 
        shall issue a determination as to whether a fee imposed 
        upon one or more [air carriers] air carriers or foreign 
        air carriers [(as defined in section 40102 of this 
        title)] (as such terms are defined in section 40102) by 
        the owner or operator of an airport is reasonable if--
                  (A) * * *
                  (B) a written complaint requesting such 
                determination is filed with the Secretary by an 
                affected [air carrier] air carrier or foreign 
                air carrier within 60 days after such carrier 
                receives written notice of the establishment or 
                increase of such fee.

           *       *       *       *       *       *       *

  (c) Decisions By Secretary.--The final regulations, policy 
statements, or guidelines required in subsection (b) shall 
provide the following:
          (1) Not more than 120 days after an [air carrier] air 
        carrier or foreign air carrier files with the Secretary 
        a written complaint relating to an airport fee, the 
        Secretary shall issue a final order determining whether 
        such fee is reasonable.

           *       *       *       *       *       *       *

  (d) Payment Under Protest; Guarantee of [Air Carrier] Air 
Carrier and Foreign Air Carrier Access.--
          (1) Payment under protest.--
                  (A) In general.--Any fee increase or newly 
                established fee which is the subject of a 
                complaint that is not dismissed by the 
                Secretary shall be paid by the complainant [air 
                carrier] air carrier or foreign air carrier to 
                the airport under protest.
                  (B) Referral or credit.--Any amounts paid 
                under this subsection by a complainant [air 
                carrier] air carrier or foreign air carrier to 
                the airport under protest shall be subject to 
                refund or credit to the [air carrier] air 
                carrier or foreign air carrier in accordance 
                with directions in the final order of the 
                Secretary within 30 days of such order.
                  (C) Assurance of timely repayment.--In order 
                to assure the timely repayment, with interest, 
                of amounts in dispute determined not to be 
                reasonable by the Secretary, the airport shall 
                obtain a letter of credit, or surety bond, or 
                other suitable credit facility, equal to the 
                amount in dispute that is due during the 120-
                day period established by this section, plus 
                interest, unless the airport and the 
                complainant [air carrier] air carrier or 
                foreign air carrier agree otherwise.

           *       *       *       *       *       *       *

          (2) Guarantee of [air carrier] air carrier and 
        foreign air carrier access.--Contingent upon an [air 
        carrier's] air carrier's or foreign air carrier's 
        compliance with the requirements of paragraph (1) and 
        pending the issuance of a final order by the Secretary 
        determining the reasonableness of a fee that is the 
        subject of a complaint filed under subsection 
        (a)(1)(B), an owner or operator of an airport may not 
        deny an [air carrier] air carrier or foreign air 
        carrier currently providing air service at the airport 
        reasonable access to airport facilities or service, or 
        otherwise interfere with an [air carrier's] air 
        carrier's or foreign air carrier's prices, routes, or 
        services, as a means of enforcing the fee.
  (e) Applicability.--This section does not apply to--
          (1) a fee imposed pursuant to a written agreement 
        with [air carriers] air carriers or foreign air 
        carriers using the facilities of an airport;

           *       *       *       *       *       *       *

  (f) Effect On Existing Agreements.--Nothing in this section 
shall adversely affect--
          (1) the rights of any party under any existing 
        written agreement between an [air carrier] air carrier 
        or foreign air carrier and the owner or operator of an 
        airport; or

           *       *       *       *       *       *       *


Sec. 47131. Annual report

  (a) General Rule.--Not later than [April 1] June 1 of each 
year, the Secretary of Transportation shall submit to Congress 
a report on activities carried out under this subchapter during 
the prior fiscal year. The report shall include--
          [(1) a detailed statement of airport development 
        completed;
          [(2) the status of each project undertaken;
          [(3) the allocation of appropriations;
          [(4) an itemized statement of expenditures and 
        receipts; and]
          (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

           *       *       *       *       *       *       *


Sec. 47133. Restriction on use of revenues

  (a) * * *
  (b) Exceptions.--[Subsection (a) shall not apply if]
          (1) Prior laws and agreements.--Subsection (a) shall 
        not apply if a provision enacted not later than 
        September 2, 1982, in a law controlling financing by 
        the airport owner or operator, or a covenant or 
        assurance in a debt obligation issued not later than 
        September 2, 1982, by the owner or operator, provides 
        that the revenues, including local taxes on aviation 
        fuel at public airports, from any of the facilities of 
        the owner or operator, including the airport, be used 
        to support not only the airport but also the general 
        debt obligations or other facilities of the owner or 
        operator.
          (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.

           *       *       *       *       *       *       *


Sec. 47134. Pilot program on private ownership of airports

  (a) * * *
  (b) Approval of Applications.--The Secretary may approve, 
with respect to not more than 5 airports, applications 
submitted under subsection (a) granting exemptions from the 
following provisions:
          (1) Use of revenues.--
                  (A) In general.--The Secretary may grant an 
                exemption to a sponsor from the provisions of 
                sections 47107(b) and 47133 of this title (and 
                any other law, regulation, or grant assurance) 
                to the extent necessary to permit the sponsor 
                to recover from the sale or lease of the 
                airport such amount as may be approved--
                          (i) in the case of a primary airport, 
                        by at least [65 percent] 75 percent of 
                        the scheduled air carriers serving the 
                        airport and by scheduled and 
                        nonscheduled air carriers whose 
                        aircraft landing at the airport during 
                        the preceding calendar year, had a 
                        total landed weight during the 
                        preceding calendar year of at least [65 
                        percent] 75 percent of the total landed 
                        weight of all aircraft landing at the 
                        airport during such year; or
                          (ii) in the case of a nonprimary 
                        airport, by the Secretary after the 
                        airport has consulted with at least [65 
                        percent] 75 percent of the owners of 
                        aircraft based at that airport, as 
                        determined by the Secretary;

           *       *       *       *       *       *       *

  (c) Terms and Conditions.--The Secretary may approve an 
application under subsection (b) only if the Secretary finds 
that the sale or lease agreement includes provisions 
satisfactory to the Secretary to ensure the following:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Every fee of the airport imposed on an air 
        carrier on the day before the date of the lease of the 
        airport will not increase faster than the rate of 
        inflation unless a higher amount is approved--
                  (A) by at least [65 percent] 75 percent of 
                the air carriers serving the airport; and
                  (B) by air carriers whose aircraft landing at 
                the airport during the preceding calendar year 
                had a total landed weight during the preceding 
                calendar year of at least [65 percent] 75 
                percent of the total landed weight of all 
                aircraft landing at the airport during such 
                year.

           *       *       *       *       *       *       *

  (g) Passenger Facility Fees; [Apportionments;] Service 
Charges.--Notwithstanding that the sponsor of an airport 
receiving an exemption under subsection (b) is not a public 
agency, the sponsor shall not be prohibited from--
          (1) imposing a passenger facility [fee] charge under 
        section 40117 of this title[;]; or
          [(2) receiving apportionments under section 47114 of 
        this title; or]
          [(3)] (2) collecting reasonable rental charges, 
        landing fees, and other service charges from aircraft 
        operators under section 40116(e)(2) of this title.

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


Sec. 47137. Airport security program

  (a) General Authority.--To improve security at public 
airports in the United States, the Secretary of Transportation, 
in consultation with the Secretary of Homeland Security, shall 
carry out not less than one project to test and evaluate 
innovative aviation security systems and related technology.
  [(b) Priority.--In carrying out this section, the Secretary 
shall give the highest priority to a request from an eligible 
sponsor for a grant to undertake a project that--
          [(1) evaluates and tests 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
          [(2) provides testing and evaluation of airport 
        security systems and technology in an operational, 
        testbed environment.]
  (b) Implementation.--
          (1) In general.--In carrying out this section, the 
        Secretary of Transportation shall provide funding 
        through a grant, contract, or another agreement 
        described in section 106(l)(6) to a nonprofit 
        consortium that--
                  (A) is composed of public and private 
                persons, including an airport sponsor; and
                  (B) has at least 10 years of demonstrated 
                experience in testing and evaluating anti-
                terrorist technologies at airports.
          (2) Project selection.--The Secretary shall select 
        projects under this subsection that--
                  (A) evaluate and test the benefits of 
                innovative aviation security systems or related 
                technology, including explosives detection 
                systems, for the purpose of improving aviation 
                and aircraft physical security, access control, 
                and passenger and baggage screening; and
                  (B) provide testing and evaluation of airport 
                security systems and technology in an 
                operational, testbed environment.
  (c) Matching Share.--Notwithstanding section 47109 or any 
other provision of law, the United States Government's share of 
allowable project costs for a project under this section shall 
be 100 percent.

           *       *       *       *       *       *       *

  (e) Administration.--The Secretary, in cooperation with the 
Secretary of Homeland Security, shall administer the program 
authorized by this section. The Secretary may enter into an 
agreement in accordance with section 106(m) to provide for the 
administration of any project under the program.
  [(f) Eligible Sponsor Defined.--In this section, the term 
``eligible sponsor'' means a nonprofit corporation composed of 
a consortium of public and private persons, including a sponsor 
of a primary airport, with the necessary engineering and 
technical expertise to successfully conduct the testing and 
evaluation of airport and aircraft related security systems.]
  [(g)] (f) Authorization of Appropriations.--Of the amounts 
made available to the Secretary under section 47115 in a fiscal 
year, the Secretary shall make available not less than 
[$5,000,000] $8,500,000 for the purpose of carrying out this 
section.

Sec. 47138. Pilot program for purchase of airport development rights

  (a) * * *

           *       *       *       *       *       *       *

  (f) Sunset.--This section shall not be in effect after 
September 30, 2008.

Sec. 47139. Emission credits for air quality projects

  (a) In General.--The Administrator of the Environmental 
Protection Agency, in consultation with the Secretary of 
Transportation, shall issue guidance on how to ensure that 
airport sponsors receive appropriate emission reduction credits 
for carrying out projects described in sections 40117(a)(3)(G), 
[47102(3)(F),] 47102(3)(K), and 47102(3)(L). Such guidance 
shall include, at a minimum, the following conditions:
          (1) * * *

           *       *       *       *       *       *       *

  (b) Assurance of Receipt of Credits.--As a condition for 
making a grant for a project described in section 
[47102(3)(F),] 47102(3)(K), 47102(3)(L), or 47140 or as a 
condition for granting approval to collect or use a passenger 
facility [fee] charge for a project described in section 
40117(a)(3)(G), [47103(3)(F),] 47102(3)(K), 47102(3)(L), or 
47140, the Secretary must receive assurance from the State in 
which the project is located, or from the Administrator of the 
Environmental Protection Agency where there is a Federal 
implementation plan, that the airport sponsor will receive 
appropriate emission credits in accordance with the conditions 
of this section.

           *       *       *       *       *       *       *


Sec. 47141. Compatible land use planning and projects by State and 
                    local governments

  (a) * * *

           *       *       *       *       *       *       *

  (f) Sunset.--This section shall not be in effect after [March 
31, 2009] September 30, 2012.

           *       *       *       *       *       *       *


          SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS

Sec. 47151. Authority to transfer an interest in surplus property

  (a) * * *

           *       *       *       *       *       *       *

  (e) Requests by Public Agencies.--Except with respect to a 
request made by another department, agency, or instrumentality 
of the executive branch of the United States Government, such a 
department, agency, or instrumentality shall give priority 
consideration to a request made by a public agency (as defined 
in section 47102) for surplus property described in subsection 
(a) [(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))] for use at a 
public airport.

           *       *       *       *       *       *       *


SUBCHAPTER III--AVIATION DEVELOPMENT STREAMLINING

           *       *       *       *       *       *       *


Sec. 47173. Airport funding of FAA staff

  (a) Acceptance of Sponsor-Provided Funds.--Notwithstanding 
any other provision of law, the Administrator of the Federal 
Aviation Administration may accept funds from an airport 
sponsor, including funds provided to the sponsor under section 
47114(c), 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 an airport development project.] 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. 47175. Definitions

  In this subchapter, the following definitions apply:
          (1) * * *
          (2) Congested airport.--The term ``congested 
        airport'' means an airport that accounted for at least 
        1 percent of all delayed aircraft operations in the 
        United States in the most recent year for which such 
        data is available and an airport listed in table 1 of 
        the Federal Aviation Administration's [Airport Capacity 
        Benchmark Report 2001] 2001 and 2004 Airport Capacity 
        Benchmark Reports or table 1 of the Federal Aviation 
        Administration's most recent airport capacity benchmark 
        report.

           *       *       *       *       *       *       *


                           CHAPTER 475--NOISE

                      SUBCHAPTER I--NOISE ABATEMENT

Sec.
47501. Definitions.
     * * * * * * *
47511. CLEEN research, development, and implementation partnership.

              SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY

     * * * * * * *
[47531. Penalties for violating sections 47528-47530.]
47531. Penalties.
     * * * * * * *
47534. Prohibition on operating certain aircraft weighing 75,000 pounds 
          or less not complying with stage 3 noise levels.

SUBCHAPTER I--NOISE ABATEMENT

           *       *       *       *       *       *       *


Sec. 47504. Noise compatibility programs

  (a) Submissions.--(1) * * *
  (2) A program submitted under paragraph (1) of this 
subsection shall state the measures the operator has taken or 
proposes to take to reduce existing noncompatible uses and 
prevent introducing additional noncompatible uses in the area 
covered by the map. The measures may include--
          (A) * * *

           *       *       *       *       *       *       *

          (D) using flight procedures to control the operation 
        of aircraft to reduce exposure of individuals to noise 
        in the area surrounding the airport; [and]
          (E) acquiring land, air rights, easements, 
        development rights, and other interests to ensure that 
        the property will be used in ways compatible with 
        airport operations[.]; and
          (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.

           *       *       *       *       *       *       *

  (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. 47511. CLEEN research, development, and implementation partnership

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

SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY

           *       *       *       *       *       *       *


Sec. 47524. Airport noise and access restriction review program

  (a) * * *

           *       *       *       *       *       *       *

  (e) Grant Limitations.--Beginning on the 91st day after the 
Secretary prescribes a regulation under subsection (a) of this 
section, a sponsor of a facility operating under an airport 
noise or access restriction on the operation of stage 3 
aircraft that first became effective after October 1, 1990, is 
eligible for a grant under section 47104 of this title and is 
eligible to impose a passenger facility [fee] charge under 
section 40117 of this title only if the restriction has been--
          (1) * * *

           *       *       *       *       *       *       *


Sec. 47526. Limitations for noncomplying airport noise and access 
                    restrictions

  Unless the Secretary of Transportation is satisfied that an 
airport is not imposing an airport noise or access restriction 
not in compliance with this subchapter, the airport may not--
          (1) * * *
          (2) impose a passenger facility [fee] charge under 
        section 40117 of this title.

           *       *       *       *       *       *       *


Sec. 47531. Penalties [for violating sections 47528-47530]

  A person violating section 47528, [47529, or 47530] 47529, 
47530, or 47534 of this title or a regulation prescribed under 
any of those sections is subject to the same civil penalties 
and procedures under chapter 463 of this title as a person 
violating section 44701(a) or (b) or any of sections 44702-
44716 of this title.

Sec. 47532. Judicial review

  An action taken by the Secretary of Transportation under any 
of sections 47528-47531 or 47534 of this title is subject to 
judicial review as provided under section 46110 of this title.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


PART C--FINANCING

           *       *       *       *       *       *       *


       CHAPTER 481--AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS

Sec. 48101. Air navigation facilities and equipment

  (a) General Authorization of Appropriations.--Not more than a 
total of 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) to acquire, establish, and 
improve air navigation facilities under section 44502(a)(1)(A) 
of this title:
          [(1) $3,138,000,000 for fiscal year 2004;
          [(2) $2,993,000,000 for fiscal year 2005;
          [(3) $3,053,000,000 for fiscal year 2006;
          [(4) $3,110,000,000 for fiscal year 2007; and
          [(5) $1,360,188,750 for the 6-month period beginning 
        on October 1, 2008.]
          (1) $3,246,000,000 for fiscal year 2009.
          (2) $3,259,000,000 for fiscal year 2010.
          (3) $3,353,000,000 for fiscal year 2011.
          (4) $3,506,000,000 for fiscal year 2012.

           *       *       *       *       *       *       *

  [(c) Enhanced Safety and Security for Aircraft Operations in 
the Gulf of Mexico.--Of amounts appropriated under subsection 
(a), such sums as may be necessary for fiscal years 2004 
through 2007 may be used to expand and improve the safety, 
efficiency, and security of air traffic control, navigation, 
low altitude communications and surveillance, and weather 
services in the Gulf of Mexico.
  [(d) Operational Benefits of Wake Vortex Advisory System.--Of 
amounts appropriated under subsection (a), such sums as may be 
necessary for each of fiscal years 2004 through 2007 may be 
used for the development and analysis of wake vortex advisory 
systems.
  [(e) Ground-Based Precision Navigational Aids.--Of amounts 
appropriated under subsection (a), such sums as may be 
necessary for each of fiscal years 2004 to 2007 may be used to 
establish a program for the installation of a precision 
approach aid designed to improve aircraft accessibility at 
mountainous airports with limited land if the approach aid is 
able to provide curved and segmented approach guidance for 
noise abatement purposes and other such approach aids and is 
certified or approved by the Administrator.
  [(f) Automated Surface Observation System/automated Weather 
Observing System Upgrade.--Of the amounts appropriated under 
subsection (a), such sums as may be necessary may be used for 
the implementation and use of upgrades to the current automated 
surface observation system/automated weather observing system, 
if the upgrade is successfully demonstrated.
  [(g) Life-Cycle Cost Estimates.--The Administrator of the 
Federal Aviation Administration shall establish life-cycle cost 
estimates for any air traffic control modernization project the 
total life-cycle costs of which equal or exceed $50,000,000.
  [(h) Standby Power Efficiency Program.--Of amounts 
appropriated under subsection (a), such sums as may be 
necessary for each of fiscal years 2004 through 2007 may be 
used by the Secretary of Transportation, in cooperation with 
the Secretary of Energy and, where applicable, the Secretary of 
Defense, to establish a program to improve the efficiency, cost 
effectiveness, and environmental performance of standby power 
systems at Federal Aviation Administration sites, including the 
implementation of fuel cell technology.
  [(i) Pilot Program To Provide Incentives for Development of 
New Technologies.--Of amounts appropriated under subsection 
(a), $500,000 for fiscal year 2004 may be used for the conduct 
of a pilot program to provide operating incentives to users of 
the airspace for the deployment of new technologies, including 
technologies to facilitate expedited flight routing and 
sequencing of takeoffs and landings.]
  (c) Wake Vortex Mitigation.--Of amounts appropriated under 
subsection (a), such sums as may be necessary for each of 
fiscal years 2009 through 2012 may be used for the development 
and analysis of wake vortex mitigation, including advisory 
systems.
  (d) Weather Hazards.--
          (1) In general.--Of amounts appropriated under 
        subsection (a), such sums as may be necessary for each 
        of fiscal years 2009 through 2012 may be used for the 
        development of in-flight and ground-based weather 
        threat mitigation systems, including ground de-icing 
        and anti-icing systems and other systems for 
        predicting, detecting, and mitigating the effects of 
        certain weather conditions on both airframes and 
        engines.
          (2) Specific hazards.--Weather conditions referred to 
        in paragraph (1) include--
                  (A) ground-based icing threats such as ice 
                pellets and freezing drizzle;
                  (B) oceanic weather, including convective 
                weather, and other hazards associated with 
                oceanic operations (where commercial traffic is 
                high and only rudimentary satellite sensing is 
                available) to reduce the hazards presented to 
                commercial aviation, including convective 
                weather ice crystal ingestion threats; and
                  (C) en route turbulence prediction.
  (e) Safety Management Systems.--Of amounts appropriated under 
subsection (a) and section 106(k)(1), such sums as may be 
necessary for each of fiscal years 2009 through 2012 may be 
used to advance the development and implementation of safety 
management systems.
  (f) Runway Incursion Reduction Programs.--Of amounts 
appropriated under subsection (a), $10,000,000 for fiscal year 
2009, $12,000,000 for fiscal year 2010, $12,000,000 for fiscal 
year 2011, and $12,000,000 for fiscal year 2012 may be used for 
the development and implementation of runway incursion 
reduction programs.
  (g) Runway Status Lights.--Of amounts appropriated under 
subsection (a), $50,000,000 for fiscal year 2009, $125,000,000 
for fiscal year 2010, $100,000,000 for 2011, and $50,000,000 
for fiscal year 2012 may be used for the acquisition and 
installation of runway status lights.
  (h) Nextgen Systems Development Programs.--Of amounts 
appropriated under subsection (a), $41,400,000 for fiscal year 
2009, $102,900,000 for fiscal year 2010, $104,000,000 for 
fiscal year 2011, and $105,300,000 for fiscal year 2012 may be 
used for systems development activities associated with 
NextGen.
  (i) Nextgen Demonstration Programs.--Of amounts appropriated 
under subsection (a), $28,000,000 for fiscal year 2009, 
$30,000,000 for fiscal year 2010, $30,000,000 for fiscal year 
2011, and $30,000,000 for fiscal year 2012 may be used for 
demonstration activities associated with NextGen.
  (j) Center for Advanced Aviation System Development.--Of 
amounts appropriated under subsection (a), $76,000,000 for 
fiscal year 2009, $79,000,000 for fiscal year 2010, $79,000,000 
for fiscal year 2011, and $80,800,000 for fiscal year 2012 may 
be used for the Center for Advanced Aviation System 
Development.
  (k) Additional Programs.--Of amounts appropriated under 
subsection (a), $21,900,000 for fiscal year 2009, $22,500,000 
for fiscal year 2010, $22,500,000 for fiscal year 2011, and 
$22,500,000 for fiscal year 2012 may be used for--
          (1) system capacity, planning, and improvement;
          (2) operations concept validation;
          (3) NAS weather requirements; and
          (4) Airspace Management Lab.

Sec. 48102. Research and development

  (a) Authorization of Appropriations.--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 
44511-44513 of this title:
          (1) * * *

           *       *       *       *       *       *       *

          (11) for fiscal year 2006, $352,157,000, including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (K) $9,862,000 for Airports Technology-
                Safety; and
                  (L) $7,906,000 for Airports Technology-
                Efficiency; [and]
          (12) for fiscal year 2007, $356,261,000, including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (L) $8,000,000 for Airports Technology-
                Efficiency; [and]
          [(13) $85,507,500 for the 6-month period beginning on 
        October 1, 2008.]
          (13) for fiscal year 2009, $212,929,000, including--
                  (A) $8,457,000 for fire research and safety;
                  (B) $4,050,000 for propulsion and fuel 
                systems;
                  (C) $2,920,000 for advanced materials and 
                structural safety;
                  (D) $4,838,000 for atmospheric hazards and 
                digital system safety;
                  (E) $14,683,000 for aging aircraft;
                  (F) $2,158,000 for aircraft catastrophic 
                failure prevention research;
                  (G) $11,000,000 for flightdeck maintenance, 
                system integration, and human factors;
                  (H) $12,488,000 for aviation safety risk 
                analysis;
                  (I) $15,323,000 for air traffic control, 
                technical operations, and human factors;
                  (J) $8,395,000 for aeromedical research;
                  (K) $22,336,000 for weather program;
                  (L) $6,738,000 for unmanned aircraft systems 
                research;
                  (M) $18,100,000 for the Next Generation Air 
                Transportation System Joint Planning and 
                Development Office;
                  (N) $10,560,000 for wake turbulence;
                  (O) $10,425,000 for NextGen--Air ground 
                integration;
                  (P) $8,025,000 for NextGen--Self separation;
                  (Q) $8,049,000 for NextGen--Weather 
                technology in the cockpit;
                  (R) $22,939,000 for environment and energy;
                  (S) $16,050,000 for NextGen--Environmental 
                research--Aircraft technologies, fuels, and 
                metrics;
                  (T) $1,847,000 for system planning and 
                resource management; and
                  (U) $3,548,000 for the William J. Hughes 
                Technical Center Laboratory Facility;
          (14) for fiscal year 2010, $214,587,000, including--
                  (A) $8,546,000 for fire research and safety;
                  (B) $4,075,000 for propulsion and fuel 
                systems;
                  (C) $2,965,000 for advanced materials and 
                structural safety;
                  (D) $4,921,000 for atmospheric hazards and 
                digital system safety;
                  (E) $14,688,000 for aging aircraft;
                  (F) $2,153,000 for aircraft catastrophic 
                failure prevention research;
                  (G) $11,000,000 for flightdeck maintenance, 
                system integration, and human factors;
                  (H) $12,589,000 for aviation safety risk 
                analysis;
                  (I) $15,471,000 for air traffic control, 
                technical operations, and human factors;
                  (J) $8,699,000 for aeromedical research;
                  (K) $23,286,000 for weather program;
                  (L) $6,236,000 for unmanned aircraft systems 
                research;
                  (M) $18,100,000 for the Next Generation Air 
                Transportation System Joint Planning and 
                Development Office;
                  (N) $10,412,000 for wake turbulence;
                  (O) $10,400,000 for NextGen--Air ground 
                integration;
                  (P) $8,000,000 for NextGen--Self separation;
                  (Q) $7,567,000 for NextGen--Weather 
                technology in the cockpit;
                  (R) $20,278,000 for environment and energy;
                  (S) $19,700,000 for NextGen--Environmental 
                research--Aircraft technologies, fuels, and 
                metrics;
                  (T) $1,827,000 for system planning and 
                resource management; and
                  (U) $3,674,000 for the William J. Hughes 
                Technical Center Laboratory Facility;
          (15) for fiscal year 2011, $225,993,000, including--
                  (A) $8,815,000 for fire research and safety;
                  (B) $4,150,000 for propulsion and fuel 
                systems;
                  (C) $2,975,000 for advanced materials and 
                structural safety;
                  (D) $4,949,000 for atmospheric hazards and 
                digital system safety;
                  (E) $14,903,000 for aging aircraft;
                  (F) $2,181,000 for aircraft catastrophic 
                failure prevention research;
                  (G) $12,000,000 for flightdeck maintenance, 
                system integration, and human factors;
                  (H) $12,497,000 for aviation safety risk 
                analysis;
                  (I) $15,715,000 for air traffic control, 
                technical operations, and human factors;
                  (J) $8,976,000 for aeromedical research;
                  (K) $23,638,000 for weather program;
                  (L) $6,295,000 for unmanned aircraft systems 
                research;
                  (M) $18,100,000 for the Next Generation Air 
                Transportation System Joint Planning and 
                Development Office;
                  (N) $10,471,000 for wake turbulence;
                  (O) $10,600,000 for NextGen--Air ground 
                integration;
                  (P) $8,300,000 for NextGen--Self separation;
                  (Q) $8,345,000 for NextGen--Weather 
                technology in the cockpit;
                  (R) $27,075,000 for environment and energy;
                  (S) $20,368,000 for NextGen--Environmental 
                research--Aircraft technologies, fuels, and 
                metrics;
                  (T) $1,836,000 for system planning and 
                resource management; and
                  (U) $3,804,000 for the William J. Hughes 
                Technical Center Laboratory Facility; and
          (16) for fiscal year 2012, $244,860,000, including--
                  (A) $8,957,000 for fire research and safety;
                  (B) $4,201,000 for propulsion and fuel 
                systems;
                  (C) $2,986,000 for advanced materials and 
                structural safety;
                  (D) $4,979,000 for atmospheric hazards and 
                digital system safety;
                  (E) $15,013,000 for aging aircraft;
                  (F) $2,192,000 for aircraft catastrophic 
                failure prevention research;
                  (G) $12,000,000 for flightdeck maintenance, 
                system integration, and human factors;
                  (H) $12,401,000 for aviation safety risk 
                analysis;
                  (I) $16,000,000 for air traffic control, 
                technical operations, and human factors;
                  (J) $9,267,000 for aeromedical research;
                  (K) $23,800,000 for weather program;
                  (L) $6,400,000 for unmanned aircraft systems 
                research;
                  (M) $18,100,000 for the Next Generation Air 
                Transportation System Joint Planning and 
                Development Office;
                  (N) $10,471,000 for wake turbulence;
                  (O) $10,800,000 for NextGen--Air ground 
                integration;
                  (P) $8,500,000 for NextGen--Self separation;
                  (Q) $8,569,000 for NextGen--Weather 
                technology in the cockpit;
                  (R) $44,409,000 for environment and energy;
                  (S) $20,034,000 for NextGen--Environmental 
                research--Aircraft technologies, fuels, and 
                metrics;
                  (T) $1,840,000 for system planning and 
                resource management; and
                  (U) $3,941,000 for the William J. Hughes 
                Technical Center Laboratory Facility.

           *       *       *       *       *       *       *


Sec. 48103. Airport planning and development and noise compatibility 
                    planning and programs

  [The total amounts] (a) Availability of Amounts._The total 
amounts which shall be available after [September 30, 2003] 
September 30, 2008, 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) to 
make grants for airport planning and airport development under 
section 47104 of this title, airport noise compatibility 
planning under section 47505(a)(2) of this title, and carrying 
out noise compatibility programs under section 47504(c) of this 
title shall be--
          [(1) $3,400,000,000 for fiscal year 2004;
          [(2) $3,500,000,000 for fiscal year 2005;
          [(3) $3,600,000,000 for fiscal year 2006;
          [(4) $3,700,000,000 for fiscal year 2007;
          [(5) $3,675,000,000 for fiscal year 2008; and
          [(6) $1,950,000,000 for the 6-month period beginning 
        on October 1, 2008.]
          (1) $3,900,000,000 for fiscal year 2009;
          (2) $4,000,000,000 for fiscal year 2010;
          (3) $4,100,000,000 for fiscal year 2011; and
          (4) $4,200,000,000 for fiscal year 2012.
Such sums shall remain available until expended.
  (b) Airport Cooperative Research Program.--Of the amounts 
made available under subsection (a), $15,000,000 for each of 
fiscal years 2009 through 2012 may be used for carrying out the 
Airport Cooperative Research Program.
  (c) Airports Technology Research.--Of the amounts made 
available under subsection (a), $19,348,000 for each of fiscal 
years 2009 through 2012 may be used for carrying out airports 
technology research.

           *       *       *       *       *       *       *


Sec. 48114. Funding for aviation programs

  (a) Authorization of Appropriations.--
          (1) Airport and airway trust fund guarantee.--
                  [(A) In general.--The total budget resources 
                made available from the Airport and Airway 
                Trust Fund each fiscal year through fiscal year 
                2007 pursuant to sections 48101, 48102, 48103, 
                and 106(k) of title 49, United States Code, 
                shall be equal to the level of receipts plus 
                interest credited to the Airport and Airway 
                Trust Fund for that fiscal year. Such amounts 
                may be used only for aviation investment 
                programs listed in subsection (b).]
                  (A) In general.--The total budget resources 
                made available from the Airport and Airway 
                Trust Fund each fiscal year through fiscal year 
                2012 pursuant to sections 48101, 48102, 48103, 
                and 106(k) shall--
                          (i) in each of fiscal years 2009 and 
                        2010, be equal to 90 percent of the 
                        estimated level of receipts plus 
                        interest credited to the Airport and 
                        Airway Trust Fund for that fiscal year; 
                        and
                          (ii) in each of fiscal years 2011 and 
                        2012, be equal to the sum of--
                                  (I) 90 percent of the 
                                estimated level of receipts 
                                plus interest credited to the 
                                Airport and Airway Trust Fund 
                                for that fiscal year; and
                                  (II) the actual level of 
                                receipts plus interest credited 
                                to the Airport and Airway Trust 
                                Fund for the second preceding 
                                fiscal year minus the total 
                                amount made available for 
                                obligation from the Airport and 
                                Airway Trust Fund for the 
                                second preceding fiscal year.
                Such amounts may be used only for aviation 
                investment programs listed in subsection (b).

           *       *       *       *       *       *       *

          (2) Additional authorizations of appropriations from 
        the general fund.--In any fiscal year through fiscal 
        year [2007] 2012, if the amount described in paragraph 
        (1) is appropriated, there is further authorized to be 
        appropriated from the general fund of the Treasury such 
        sums as may be necessary for the Federal Aviation 
        Administration Operations account.
  (b) Definitions.--In this section, the following definitions 
apply:
          (1) * * *
          (2) [Level] Estimated level of receipts plus 
        interest.--The term ``[level of receipts plus interest] 
        estimated level of receipts plus interest'' means the 
        level of excise taxes and interest credited to the 
        Airport and Airway Trust Fund under section 9502 of the 
        Internal Revenue Code of 1986 for a fiscal year as set 
        forth in the President's budget baseline projection as 
        defined in section 257 of the Balanced Budget and 
        Emergency Deficit Control Act of 1985 (Public Law 99-
        177) (Treasury identification code 20-8103-0-7-402) for 
        that fiscal year submitted pursuant to section 1105 of 
        title 31, United States Code.
  (c) Enforcement of Guarantees.--
          (1) * * *
          (2) Capital priority.--It shall not be in order in 
        the House of Representatives or the Senate to consider 
        any bill, joint resolution, amendment, motion, or 
        conference report that provides an appropriation (or 
        any amendment thereto) for any fiscal year through 
        fiscal year [2007] 2012 for Research and Development or 
        Operations if the sum of the obligation limitation for 
        Grants-in-Aid for Airports and the appropriation for 
        Facilities and Equipment for such fiscal year is below 
        the sum of the authorized levels for Grants-in-Aid for 
        Airports and for Facilities and Equipment for such 
        fiscal year.

           *       *       *       *       *       *       *


PART D--PUBLIC AIRPORTS

           *       *       *       *       *       *       *


             CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS

Sec.
49101.  Findings.
     * * * * * * *
[49108.  Limitations.]

           *       *       *       *       *       *       *


[Sec. 49108. Limitations

  [After March 31, 2009, the Secretary of Transportation may 
not approve an application of the Metropolitan Washington 
Airports Authority--
          [(1) for an airport development project grant under 
        subchapter I of chapter 471 of this title; or
          [(2) to impose a passenger facility fee under section 
        40117 of this title.]

           *       *       *       *       *       *       *

                              ----------                              


VISION 100--CENTURY OF AVIATION REAUTHORIZATION ACT

           *       *       *       *       *       *       *


TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS

           *       *       *       *       *       *       *


Subtitle D--Miscellaneous

           *       *       *       *       *       *       *


SEC. 186. MIDWAY ISLAND AIRPORT.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Funding to Secretary of the Interior for Midway Island 
Airport.--The Secretary of Transportation may enter into a 
reimbursable agreement with the Secretary of the Interior for 
the purpose of funding airport development, as defined in 
section 47102(3) of title 49, United States Code, at Midway 
Island Airport [for fiscal years ending before October 1, 2008, 
and for the portion of fiscal year 2009 ending before April 1, 
2009,] October 1, 2012, from amounts available in the 
discretionary fund established by section 47115 of such title. 
The maximum obligation under the agreement for any such fiscal 
year shall be $2,500,000.

           *       *       *       *       *       *       *


TITLE VII--AVIATION RESEARCH

           *       *       *       *       *       *       *


SEC. 709. AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT 
                    OFFICE.

  (a) Establishment.--(1) * * *
  (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)] (3) The responsibilities of the Office shall include--
          (A) * * *

           *       *       *       *       *       *       *

          (G) facilitating the transfer of technology from 
        research programs such as the National Aeronautics and 
        Space Administration program and the Department of 
        Defense Advanced Research Projects Agency program to 
        Federal agencies with operational responsibilities and 
        to the private sector[; and];
          (H) reviewing activities relating to noise, 
        emissions, fuel consumption, and safety conducted by 
        Federal agencies, including the Federal Aviation 
        Administration, the National Aeronautics and Space 
        Administration, the Department of Commerce, and the 
        Department of Defense[.];
          (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)] (4)(A) The Office shall operate in conjunction with 
relevant programs in the Department of Defense, the National 
Aeronautics and Space Administration, the Department of 
Commerce and the Department of Homeland Security. The Secretary 
of Transportation may request assistance from staff from those 
Departments and other Federal agencies.
  (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)] (5) In developing and carrying out its plans, the 
Office shall consult with the public and ensure the 
participation of experts from the private sector including 
representatives of commercial aviation, general aviation, 
aviation labor groups, aviation research and development 
entities, aircraft and air traffic control suppliers, and the 
space industry.
  (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.--The integrated plan shall be designed 
to ensure that the Next Generation Air Transportation System 
[meets air] meets anticipated future air transportation safety, 
security, mobility, efficiency, and capacity needs [beyond 
those currently included in the Federal Aviation 
Administration's operational evolution plan] and accomplishes 
the goals under subsection (c). The integrated plan shall 
include--
          (1) a national vision statement for an air 
        transportation system capable of meeting potential air 
        traffic demand by 2025;

           *       *       *       *       *       *       *

          (3) a multiagency research and development roadmap 
        for creating the Next Generation Air Transportation 
        System with the characteristics outlined under clause 
        (ii), including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) the technical milestones that will be 
                used to evaluate the activities; [and]
          (4) a description of the operational concepts to meet 
        the system performance requirements for all system 
        users and a timeline and anticipated expenditures 
        needed to develop and deploy the system to meet the 
        vision for 2025[.]; and
          (5) a multiagency integrated work plan for the Next 
        Generation Air Transportation System that includes--
                  (A) an outline of the activities required to 
                achieve the end-state architecture, as 
                expressed in the concept of operations and 
                enterprise architecture documents, that 
                identifies each Federal agency or other entity 
                responsible for each activity in the outline;
                  (B) details on a year-by-year basis of 
                specific accomplishments, activities, research 
                requirements, rulemakings, policy decisions, 
                and other milestones of progress for each 
                Federal agency or entity conducting activities 
                relating to the Next Generation Air 
                Transportation System;
                  (C) for each element of the Next Generation 
                Air Transportation System, an outline, on a 
                year-by-year basis, of what is to be 
                accomplished in that year toward meeting the 
                Next Generation Air Transportation System's 
                end-state architecture, as expressed in the 
                concept of operations and enterprise 
                architecture documents, as well as identifying 
                each Federal agency or other entity that will 
                be responsible for each component of any 
                research, development, or implementation 
                program;
                  (D) an estimate of all necessary expenditures 
                on a year-by-year basis, including a statement 
                of each Federal agency or entity's 
                responsibility for costs and available 
                resources, for each stage of development from 
                the basic research stage through the 
                demonstration and implementation phase;
                  (E) a clear explanation of how each step in 
                the development of the Next Generation Air 
                Transportation System will lead to the 
                following step and of the implications of not 
                successfully completing a step in the time 
                period described in the integrated work plan;
                  (F) a transition plan for the implementation 
                of the Next Generation Air Transportation 
                System that includes date-specific milestones 
                for the implementation of new capabilities into 
                the national airspace system;
                  (G) date-specific timetables for meeting the 
                environmental goals identified in subsection 
                (a)(3)(I); and
                  (H) a description of potentially significant 
                operational or workforce changes resulting from 
                deployment of the Next Generation Air 
                Transportation System.

           *       *       *       *       *       *       *

  [(d) Reports.--The Administrator of the Federal Aviation 
Administration shall transmit to the Committee on Commerce, 
Science, and Transportation in the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Science 
in the House of Representatives--
          [(1) not later than 1 year after the date of 
        enactment of this Act, the integrated plan required in 
        subsection (b); and
          [(2) annually at the time of the President's budget 
        request, a report describing the progress in carrying 
        out the plan required under subsection (b) and any 
        changes to that plan.]
  (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.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to the Office $50,000,000 for each of the 
fiscal years 2004 through [2010] 2012.

SEC. 710. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.

  (a) In General.--The Secretary of Transportation shall 
establish a senior policy committee to work with the Next 
Generation Air Transportation System Joint Planning and 
Development Office. The senior policy committee shall be 
chaired by the Secretary and shall meet at least twice each 
year.

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

                              ----------                              


                           RAILWAY LABOR ACT

                          TITLE I--DEFINITIONS

  Section 1. When used in this Act and for the purposes of this 
Act--
  First. The term ``carrier'' includes any railroad subject to 
the jurisdiction of the Surface Transportation Board [, any 
express company that would have been subject to subtitle IV of 
title 49, United States Code, as of December 31, 1995,], and 
any company which is directly or indirectly owned or controlled 
by or under common control with any carrier by railroad and 
which operates any equipment or facilities or performs any 
service (other than trucking service) in connection with the 
transportation, receipt, delivery, elevation, transfer in 
transit, refrigeration or icing, storage, and handling of 
property transported by railroad, and any receiver, trustee, or 
other individual or body, judicial or otherwise, when in the 
possession of the business of any such ``carrier'': Provided, 
however, That the term ``carrier'' shall not include any 
street, interurban, or suburban electric railway unless such 
railway is operating as a part of a general steam-railroad 
system of transportation, but shall not exclude any part of the 
general steam-railroad system of transportation now or 
hereafter operated by any other motive power. The Surface 
Transportation Board is hereby authorized and directed upon 
request of the Mediation Board or upon complaint of any party 
interested to determine after hearing whether any line operated 
by electric power falls within the terms of this proviso. The 
term ``carrier'' shall not include any company by reason of its 
being engaged in the mining of coal, the supplying of coal to a 
carrier where delivery is not beyond the mine tipple, and the 
operation of equipment or facilities therefor, or in any of 
such activities.
  Second. The term ``Adjustment Board'' means the National 
Railroad Adjustment Board created by this Act.
  Third. The term ``Mediation Board'' means the National 
Mediation Board created by this Act.
  Fourth. The term ``commerce'' means commerce among the 
several States or between any State, Territory, or the District 
of Columbia and any foreign nation, or between any Territory or 
the District of Columbia and any State, or between any 
Territory and any other Territory, or between any Territory and 
the District of Columbia, or within any Territory or the 
District of Columbia or between points in the same State but 
through any other State or any Territory or the District of 
Columbia or any foreign nation.
  Fifth. The term ``employee'' as used herein includes every 
person in the service of a carrier (subject to its continuing 
authority to supervise and direct the manner of rendition of 
his service) who performs any work defined as that of an 
employee or subordinate official in the orders of the Surface 
Transportation Board now in effect, and as the same may be 
amended or interpreted by orders hereafter entered by the Board 
pursuant to the authority which is hereby conferred upon it to 
enter orders amending or interpreting such existing orders: 
Provided, however, That no occupational classification made by 
order of the Surface Transportation Board shall be construed to 
define the crafts according to which railway employees may be 
organized by their voluntary action, nor shall the jurisdiction 
or powers of such employee organizations be regarded as in any 
way limited or defined by the provisions of this Act or by the 
orders of the Board.
  The term ``employee'' shall not include any individual while 
such individual is engaged in the physical operations 
consisting of the mining of coal, the preparation of coal, the 
handling (other than movement by rail with standard railroad 
locomotives) of coal not beyond the mine tipple, or the loading 
of coal at the tipple.
  Sixth. The term ``representative'' means any person or 
persons, labor union, organization, or corporation designated 
either by a carrier or group of carriers or by its or their 
employees, to act for it or them.
  Seventh. The term ``district court'' includes the United 
States District Court for the District of Columbia; and the 
term ``court of appeals'' includes the Court of Appeals of the 
District of Columbia.
  This Act may be cited as the ``Railway Labor Act''.

           *       *       *       *       *       *       *


                                TITLE II

  Sec. 201. [All] (a) In General.--All of the provisions of 
title I of this Act, except the provisions of section 3 
thereof, are extended to and shall cover every common carrier 
by air and every express carrier engaged in interstate or 
foreign commerce, and every carrier by air transporting mail 
for or under contract with the United States Government, and 
every air pilot or other person who performs any work as an 
employee or subordinate official of such carrier or carriers, 
subject to its or their continuing authority to supervise and 
direct the manner of rendition of his service.
  (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.

           *       *       *       *       *       *       *




   MINORITY VIEWS OF MR. MICA, MR. PETRI, MR. COBLE, MR. DUNCAN, MR. 
 EHLERS, MR. MORAN (OF KANSAS), MR. BROWN, MR. PLATTS, MR. GRAVES, MR. 
 SHUSTER, MR. BOOZMAN, MS. MOORE CAPITO, MR. GERLACH, MR. DIAZ-BALART, 
  MR. DENT, MR. MACK, MR. WESTMORELAND, MS. SCHMIDT, MS. MILLER, MS. 
 FALLIN, MR. BUCHANAN, MR. LATTA, MR. GUTHRIE, MR. CAO, MR. SCHOCK AND 
                               MR. OLSON

    The reauthorization of the Federal Aviation Administration 
(FAA) has historically been a bipartisan effort. The very 
nature of air transportation and the shared goal of safe, 
efficient and accessible air travel have traditionally resulted 
in an inclusive and bipartisan process and work product. 
Unfortunately, for the first time in over two decades, the FAA 
Reauthorization bill being reported out by the Committee was 
not introduced as a bipartisan bill.
    We acknowledge it is vitally important that the Federal 
Aviation Administration (FAA) be reauthorized. It has been over 
18 months since the last reauthorization expired in September 
2007. Since that time, the FAA has been working on a series of 
short-term extensions. At the end of September 2009, when the 
current FAA extension expires, it will be the longest period of 
time in the last twenty years that the FAA has gone without a 
reauthorization.
    H.R. 915 does include important provisions to address air 
traffic control modernization, staffing, small community air 
service, environmental improvements, and passenger rights. 
However, H.R. 915 is a partisan bill due to the inclusion of 
several controversial and costly provisions. These provisions 
were included despite the Minority's efforts to reach out to 
the Majority to work together to resolve our concerns. We 
believed that such an effort would have been productive given 
the drastically changed circumstances since September 2007 when 
the House passed H.R. 2881, the FAA Reauthorization bill of 
2007.
    So, while H.R. 915 has many good provisions, there are 
several provisions included by the Majority that we believe are 
very problematic from both a policy and a procedural 
perspective. We strongly oppose the inclusion of these 
provisions in H.R. 915 for the following reasons.
    The first provision is the ``NATCA provision'' which would 
repeal the FAA impasse process contained in current law (the 
same rules that were in place in 1998 when NATCA negotiated a 
very favorable contract); require the FAA and National Air 
Traffic Controllers Association (NATCA) to negotiate for 45 
days; and, if negotiations fail, require binding arbitration 
pursuant to an impasse process set up by the provision. The 
``NATCA provision'' would also reach back and void all 
contracts that were in impasse since July 2005, reinstate both 
the air traffic controller and multi-unit NATCA contracts, and 
provide up to $20 million for lost pay and benefits.
    Of equal concern, the impasse process set up by the NATCA 
provision is untested and leaves many issues unaddressed. 
Because of this uncertainty, we anticipate years of lengthy and 
costly litigation at the end of any binding arbitration 
process. At the very least, the $1.86 billion that the FAA and 
NATCA agreed would be saved by the 2006 contract will be lost 
because the NATCA provision reinstates the terms of the 1998 
contract (and all the raises and premium pay) until a final 
resolution is achieved.
    The Congressional Budget Office (CBO) estimates that fully 
funding the proposed changes in the NATCA provision would 
require additional appropriations of $83 million in 2009 and 
about $1 billion during the four-year period (2009-2012) 
authorized by the bill. Additionally, CBO states, ``Relative to 
current law, CBO expects that reinstating those agreements 
[agreements in impasse since July 2005] would increase FAA's 
spending for compensation and benefits by an average of 12 
percent for more than 9,000 individuals that were employed by 
the FAA before the end of 2006. We also estimate that FAA's 
costs for compensating and providing benefits for roughly 5,500 
individuals hired since 2006, including those hired between the 
date of enactment of H.R. 915 and the conclusion of the dispute 
resolution process would increase by about 40 percent.'' CBO 
assumes that the dispute resolution process will conclude 
within about six months of H,R. 915's enactment and indicates 
that Federal costs incurred while that process unfolds would be 
greater if it takes longer.
    We believe that the ``NATCA provision'' sets a terrible 
precedent. By legislatively altering the contract negotiation 
proceedings almost three years after the contract was 
implemented, Congress wrongly inserts itself into the middle of 
a labor dispute between the FAA and NATCA and puts the entire 
FAA Reauthorization process in jeopardy.
    We believe that the right approach is to have the parties 
sit down together and settle the issues through one-on-one 
negotiations. Since January 2007, we have encouraged the 
parties to take this approach. We remain firmly committed to 
this approach to resolving the issues in dispute. With the 
change in Administration, President Obama and Secretary LaHood 
can administratively meet, negotiate and reach a mutually 
agreeable and fiscally responsible settlement agreement with 
NATCA, That is the best way to resolve this matter.
    We support amending the FAA labor impasse process going 
forward and allowing binding arbitration. However, it is 
important to note that if Congress does not appropriate funds 
to cover salaries, the FAA will be forced to find that money 
somewhere else. This in turn will lead to less money for other 
FAA employees and programs. The budget pressures this provision 
imposes will also threaten important capacity and modernization 
projects. Therefore, any change to the FAA labor impasse 
process must be fair, transparent, and balanced, and must be 
considered in the context of the entire Federal budget while 
considering the role of Congress in appropriating funding.
    There is no question that air traffic controllers are hard 
working professionals who do an outstanding job each and every 
day. They are also very well compensated for their good work. 
According to FAA data for fiscal year 2008, the average 
controller base salary was $107,700 (includes locality pay); 
the average cash compensation was $125,300 (includes base 
salary and premium pay); and the total average cash 
compensation and benefits was $166,100. Controllers' earnings 
far exceed other FAA employees, whose average pay and benefits 
in fiscal year 2008 was $127,122. Between 1998 and 2008, air 
traffic controller compensation increased by an astounding 74%. 
In that same time period, the pay gap between FAA controllers 
and other FAA employees grew from 24% to 31%. Controllers' 
salaries also exceed the salaries of other Federal employees in 
equally or more stressful professions, such as fire fighters, 
police officers and military controllers. By way of comparison, 
military air traffic controllers in combat zones (U.S. Air 
Force Staff Sergeant with 10 years service) make roughly 
$36,964. The average FAA controller makes over $166,000.
    We are very concerned that the ``NATCA provision'' is not 
intended to address the needs of the Nation's air 
transportation system. Rather, by inserting itself into labor 
negotiations, voiding the 2006 contract and reinstating the 
terms of the 1998 contract, Congress is putting the cost of 
maintaining the controllers' salary increases on others. In 
order to cover the controller salaries and back pay, other FAA 
employee groups would suffer furloughs and budget cuts and the 
FAA would be unable to hire much needed new controllers. The 
FAA's efforts to modernize the air traffic control system would 
also be a victim of budget cuts. Future delays and congestion 
in the system will go unaddressed and will be the unacceptable 
costs borne by the traveling public. If flying becomes 
unbearable, the entire aviation industry will be harmed and the 
one million jobs created by the industry will also be in 
jeopardy.
    We believe that the ``NATCA provision'' is both unfair and 
extremely costly, almost $1 billion over four years. The 
provision's impact on other FAA employees, the ongoing air 
traffic control modernization effort, and much needed safety 
and capacity projects would also be unacceptable. At the same 
time, however, we remain very much in favor of prospectively 
amending the current FAA labor impasse process in a way that is 
fair, cost effective, and reasonable for everyone. We also 
encourage the FAA and NATCA to continue settlement discussions 
and to reach a mutually acceptable settlement of the matters in 
dispute,
    The second controversial provision is the ``FedEx 
provision.'' This provision would change the labor laws that 
apply to FedEx Express--an express carrier. When FedEx Express 
was organized back in 1971, it began as an airline, and as such 
was covered under the Railway Labor Act--as are all rail and 
air companies. FedEx Express expanded its operations over the 
years and is now an integrated cargo operation with trucking 
operations dependent on its air carrier operations. In 1995, 
the Ninth Circuit Court of Appeals affirmed that FedEx is an 
integrated operation.
    The Railway Labor Act (RLA) differs from the National Labor 
Relations Act (NLRA) in that coverage is national in scope, 
whereas under the NLRA workers can organize on a local basis. 
The RLA recognizes the national scope of certain transportation 
services and the national disruption that can occur if there 
were to be a strike by a local unit within the national 
organization. This is particularly true in light of the fact 
that with a National and now global aviation industry, a strike 
by a local unit within a national organization could have far 
reaching and very disruptive and detrimental impacts to the 
U.S. economy.
    Unions are free to organize employees at FedEx Express (the 
airline) under the RLA. In fact, the only union at FedEx was 
organized under the RLA. The Air Line Pilots Association, Int'l 
(ALPA) organized FedEx Express pilots. FedEx Ground, which is a 
totally separate company from FedEx Express, is governed by the 
NLRA. Under the NLRA, unions can organize local bargaining 
units. To date, other than FedEx Express pilots, FedEx 
employees have chosen not to have union representation as is 
their right.
    Much has been said about a provision included the 1996 FAA 
reauthorization bill. Some might believe that Congress changed 
the law so that FedEx Express was first covered by the Railway 
Labor Act in 1996. That is not true. As stated previously, 
FedEx Express has been covered by the Railway Labor Act since 
it was founded in 1971.
    What the 1996 provision did was correct the unintended 
consequences of a conforming amendment that was included in the 
ICC Termination Act of 1995. For economic regulation purposes, 
the 1995 law eliminated the distinction between carriers so 
that ``express carriers'' was no longer referred to for 
economic regulation purposes. A conforming amendment to the 
Railway Labor Act was discovered sometime later to have had an 
impact on the Railway Labor Act and how it affected FedEx 
Express. The provision included in the 1996 FAA reauthorization 
bill was to correct an unintentional drafting error (mistakenly 
eliminating ``express companies'' from any statutes, including 
the RLA, thinking it as an archaic term like ``steamship 
companies'' for example).
    From a procedural perspective, we are very concerned that 
the ``FedEx provision'' ignores Congressional intent, targets 
one company; and has not been subject to public hearings, 
discussion or debate. The provision abandons Congress's 
balanced approach in labor organization matters and ignores the 
longstanding Congressional principles of hearings and 
appropriate procedure. Furthermore, it has potential unintended 
and adverse consequences that have never been considered or 
discussed in public hearings.
    We also have concerns about a provision that was accepted 
as part of the Manager's Amendment during the full committee 
mark-up. The Manager's Amendment, offered by Chairman Oberstar, 
included an Airline Alliance Antitrust Immunity provision 
(``ATI provision'') that was never the subject of any public 
hearings, discussion or debate. This provision requires the 
Comptroller General to study the legal requirements and 
policies followed by the Department of Transportation (DOT) in 
deciding whether to approve international alliances and grant 
exemptions from the antitrust law in connection with alliances.
    However, the ATI provision does not just require a study. 
It also sunsets existing grants of antitrust immunity related 
to international alliances on or before the last day of the 
three-year period beginning on the date of enactment unless the 
exemption is renewed by the Secretary.
    The ATI provision fundamentally changes the DOT's antitrust 
immunity and air carrier alliance review processes and 
policies. Its impact on the Department of Justice's review 
policies is unclear. The provision ultimately could terminate 
existing grants of antitrust immunity granted after scrutinized 
review by both Department of Transportation and Department of 
Justice. Such a fundamental change in law, which arguably 
legalizes a process for abrogating agreements between the 
Government and its regulated entities, deserves greater 
Congressional scrutiny and debate.
    Finally, other provisions of concern to us include overseas 
repair stations, OSHA standards for crews on board aircraft, 
and aircraft rescue and fire fighting standards for airports. 
We believe that these provisions should be further vetted to 
ensure their practical application. While we might agree with 
the sentiment of the provisions, which are intended to address 
safety issues, the language was written without regard to the 
huge costs and burdens on a struggling airline industry and 
airport community. The overseas repair stations provision has 
the potential to threaten the United States' bilateral aviation 
agreements with foreign countries. Additionally, the inclusion 
of the overseas repair stations provision has resulted in the 
European Union indicating that costly retaliatory actions would 
follow if the provision is enacted. The Committee ought to have 
hearings to discuss these issues thoroughly before mandating 
compliance. It is our responsibility to fully explore the 
practical application of these mandates and their potential 
unintended consequences.
    For these reasons, we oppose the inclusion of the ``NATCA 
provision,'' the ``FedEx provision,'' the Airline Alliance 
Antitrust Immunity provision, and the overseas repair stations, 
OSHA standards for crews on board aircraft, and aircraft rescue 
and fire fighting standards for airports provisions in H.R. 915 
as reported out of Committee.

                                   John L. Mica.
                                   Thomas E. Petri.
                                   Howard Coble.
                                   Vernon J. Ehlers.
                                   John J. Duncan, Jr.
                                   Shelley Moore Capito.
                                   Mary Fallin.
                                   Vern Buchanan.
                                   Lynn A. Westmoreland.
                                   Sam Graves.
                                   Brett Guthrie.
                                   John Boozman.
                                   Pete Olson.
                                   Jerry Moran.
                                   Charles W. Dent.
                                   Bill Shuster.
                                   Aaron Schock.
                                   Anh J. Cao.
                                   Todd R. Platts.
                                   Henry E. Brown, Jr.
                                   Connie Mack.
                                   Jim Gerlach.
                                   Jean Schmidt.
                                   Robert E. Latta.
                                   Candice E. Miller.
                                   Mario Diaz-Balart.

                                  
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