[House Report 111-456]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
  2d Session             HOUSE OF REPRESENTATIVES               111-456
 ======================================================================
 
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENTS TO THE BILL (H.R. 
1586) TO IMPOSE AN ADDITIONAL TAX ON BONUSES RECEIVED FROM CERTAIN TARP 
                   RECIPIENTS, AND FOR OTHER PURPOSES 

                                _______
                                

   March 24, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Ms. Slaughter, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1212]

    The Committee on Rules, having had under consideration 
House Resolution 1212, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of the Senate 
amendments to H.R. 1586, the ``Aviation Safety and Investment 
Act of 2010.'' The resolution makes in order a single motion by 
the chair of the Committee on Transportation and Infrastructure 
that the House concur in the Senate amendment to the title and 
that the House concur in the Senate amendment to the text with 
the amendment printed in this report. The previous question 
shall be considered as ordered without intervening motion or 
demand for division of the question.
    The resolution provides one hour of debate on the motion 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Transportation and 
Infrastructure. The resolution waives all points of order 
against consideration of the motion except those arising under 
clause 10 of rule XXI. The resolution provides that the Senate 
amendments and the motion shall be considered as read.
    The resolution authorizes the Speaker to entertain motions 
that the House suspend the rules at any time through the 
calendar day of March 28, 2010. The Speaker or her designee 
shall consult with the Minority Leader or his designee on the 
designation of any matter for consideration pursuant to this 
authority. The resolution waives clause 6(a) of rule XIII 
(requiring a two-thirds vote to consider a rule on the same day 
it is reported from the Rules Committee) against any resolution 
reported from the Rules Committee through the legislative day 
of March 29, 2010.
    The resolution provides that on any legislative day 
specified, the Speaker may at any time declare the House 
adjourned. When the House adjourns on a motion pursuant to this 
subsection or a declaration of the Speaker on the legislative 
day of (1) Thursday, March 25, 2010, it shall stand adjourned 
until 10:30 a.m. on Monday, March 29, 2010; (2) Monday, March 
29, 2010, it shall stand adjourned until 10 a.m. on Thursday, 
April 1, 2010; (3) Thursday, April 1, 2010, it shall stand 
adjourned until 4 p.m. on Monday, April 5, 2010; (4) Monday, 
April 5, 2010, it shall stand adjourned until 9 a.m. on 
Thursday, April 8, 2010; (5) Thursday, April 8, 2010, it shall 
stand adjourned until noon on Monday, April 12, 2010.
    If, during any adjournment addressed above, the House has 
received a message from the Senate transmitting its concurrence 
in an applicable concurrent resolution of adjournment, the 
House shall stand adjourned pursuant to such concurrent 
resolution. The Speaker may appoint Members to perform the 
duties of the Chair for the duration of the period addressed.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the motion (except those arising under clause 
10 of rule XXI) the Committee is not aware of any points of 
order against the motion. The waiver is prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 401

    Date: March 24, 2010.
    Measure: Senate amendments to H.R. 1586.
    Motion by: Mr. Dreier.
    Summary of motion: To amend the rule to restrict the waiver 
of clause 6(a) of rule XIII to matters related to health care 
or extension of expiring tax provisions.
    Results: Defeated 2-5.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; 
Slaughter--Nay.

                   SUMMARY OF AMENDMENT MADE IN ORDER

    It substitutes the text of the bill with the House passed 
versions of H.R. 915 and H.R. 3371, amends the short title of 
the bill, and adds a line at the end of the bill to ensure the 
bill is PAYGO compliant. It provides approximately $53.5 
billion for the Federal Aviation Administration's (FAA) 
programs for FY2010 through FY2012, including $12.3 billion for 
the Airport Improvement Program (AIP), $10.1 billion for FAA 
Facilities and Equipment, $794 million for Research, 
Engineering, and Development (RE&D), and $30.3 billion for FAA 
Operations. It adjusts the general aviation jet fuel tax rate 
from 21.8 to 35.9 cents per gallon and the aviation gasoline 
tax rate from 19.3 to 24.1 cents per gallon, but would not 
impose new fees on airlines and passengers. It allows airports 
to increase passenger facility charges (PFCs), raising the 
maximum from $4.50 to $7 per passenger. It increases authorized 
spending for facilities and equipment to support development of 
Next Generation (NextGen) air traffic modernization 
initiatives, and authorizes increased funding for airport 
infrastructure improvement grants. It addresses system 
capacity, aviation safety, environmental issues, and airline 
industry issues, including airline passenger rights issues. It 
requires that all express carrier employees that are not 
eligible for certification under FAA rules are governed by the 
National Labor Relations Act, instead of the Railway Labor Act. 
It amends the dispute resolution process of the FAA personnel 
management system, so that disputes can be referred to the 
Federal Mediation and Conciliation Service. It provides that 
FAA employees are covered by the Back Pay Act. It requires the 
FAA to inspect foreign repair stations at least twice a year, 
and perform drug and alcohol testing on those individuals 
working on U.S. aircraft. It requires GAO to conduct a study of 
the legal requirements and policies followed by the Department 
of Transportation in deciding whether to approve international 
alliances and grant exemptions from the antitrust law in 
connection with alliances. Finally, it requires the FAA to 
undertake a number of changes to improve airline safety and 
pilot training.

                 TEXT OF AMENDMENT TO BE MADE IN ORDER

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                         TITLE I--AUTHORIZATIONS

                   Subtitle A--Funding of FAA Programs

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

                 Subtitle B--Passenger Facility Charges

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

                    Subtitle C--Fees for FAA Services

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

                      Subtitle D--AIP Modifications

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

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

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

                            TITLE III--SAFETY

                     Subtitle A--General Provisions

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

                  Subtitle B--Unmanned Aircraft Systems

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

                   Subtitle C--Safety and Protections

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

        Subtitle D--Airline Safety and Pilot Training Improvement

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

                   TITLE IV--AIR SERVICE IMPROVEMENTS

Sec. 401. Smoking prohibition.
Sec. 402. Monthly air carrier reports.
Sec. 403. Flight operations at Reagan National Airport.
Sec. 404. EAS contract guidelines.
Sec. 405. Essential air service reform.
Sec. 406. Small community air service.
Sec. 407. Air passenger service improvements.
Sec. 408. Contents of competition plans.
Sec. 409. Extension of competitive access reports.
Sec. 410. Contract tower program.
Sec. 411. Airfares for members of the Armed Forces.
Sec. 412. Repeal of essential air service local participation program.
Sec. 413. Adjustment to subsidy cap to reflect increased fuel costs.
Sec. 414. Notice to communities prior to termination of eligibility for 
          subsidized essential air service.
Sec. 415. Restoration of eligibility to a place determined by the 
          Secretary to be ineligible for subsidized essential air 
          service.
Sec. 416. Office of Rural Aviation.
Sec. 417. Adjustments to compensation for significantly increased costs.
Sec. 418. Review of air carrier flight delays, cancellations, and 
          associated causes.
Sec. 419. European Union rules for passenger rights.
Sec. 420. Establishment of advisory committee for aviation consumer 
          protection.
Sec. 421. Denied boarding compensation.
Sec. 422. Compensation for delayed baggage.
Sec. 423. Schedule reduction.
Sec. 424. Expansion of DOT airline consumer complaint investigations.
Sec. 425. Prohibitions against voice communications using mobile 
          communications devices on scheduled flights.
Sec. 426. Antitrust exemptions.
Sec. 427. Musical instruments.

           TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

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

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

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

                      TITLE VII--AVIATION INSURANCE

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

                        TITLE VIII--MISCELLANEOUS

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

           TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

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

            TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING

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

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

Sec. 1101. Compliance provision.

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

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

SEC. 3. EFFECTIVE DATE.

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

                        TITLE I--AUTHORIZATIONS

                  Subtitle A--Funding of FAA Programs

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

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

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

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

SEC. 103. FAA OPERATIONS.

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

SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT.

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

SEC. 105. FUNDING FOR AVIATION PROGRAMS.

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

                 Subtitle B--Passenger Facility Charges

SEC. 111. PFC AUTHORITY.

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

SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE.

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

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

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

SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT PROGRAM.

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

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

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

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

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

                   Subtitle C--Fees for FAA Services

SEC. 121. UPDATE ON OVERFLIGHTS.

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

SEC. 122. REGISTRATION FEES.

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

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

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

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

                     Subtitle D--AIP Modifications

SEC. 131. AMENDMENTS TO AIP DEFINITIONS.

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

SEC. 132. SOLID WASTE RECYCLING PLANS.

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

SEC. 133. AMENDMENTS TO GRANT ASSURANCES.

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

SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS.

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

SEC. 135. AMENDMENTS TO ALLOWABLE COSTS.

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

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

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

SEC. 137. AIRPORT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.

  (a) Purpose.--It is the purpose of the airport disadvantaged 
business program to ensure that minority- and women-owned 
businesses have a full and fair opportunity to compete in 
federally assisted airport contracts and concessions and to 
ensure that the Federal Government does not subsidize 
discrimination in private or locally funded airport-related 
industries.
  (b) Findings.--Congress finds the following:
          (1) While significant progress has occurred due to 
        the enactment of the airport disadvantaged business 
        enterprise program (49 U.S.C. 47107(e) and 47113), 
        discrimination continues to be a significant barrier 
        for minority- and women-owned businesses seeking to do 
        business in airport-related markets. This continuing 
        discrimination merits the continuation of the airport 
        disadvantaged business enterprise program.
          (2) Discrimination poses serious barriers to the full 
        participation in airport-related businesses of women 
        business owners and minority business owners, including 
        African Americans, Hispanic Americans, Asian Americans, 
        and Native Americans.
          (3) Discrimination impacts minority and women 
        business owners in every geographic region of the 
        United States and in every airport-related industry.
          (4) Discrimination has impacted many aspects of 
        airport-related business, including--
                  (A) the availability of venture capital and 
                credit;
                  (B) the availability of bonding and 
                insurance;
                  (C) the ability to obtain licensing and 
                certification;
                  (D) public and private bidding and quoting 
                procedures;
                  (E) the pricing of supplies and services;
                  (F) business training, education, and 
                apprenticeship programs; and
                  (G) professional support organizations and 
                informal networks through which business 
                opportunities are often established.
          (5) Congress has received voluminous evidence of 
        discrimination against minority and women business 
        owners in airport-related industries, including--
                  (A) statistical analyses demonstrating 
                significant disparities in the utilization of 
                minority- and women-owned businesses in 
                federally and locally funded airport related 
                contracting;
                  (B) statistical analyses of private sector 
                disparities in business success by minority- 
                and women-owned businesses in airport related 
                industries;
                  (C) research compiling anecdotal reports of 
                discrimination by individual minority and women 
                business owners;
                  (D) individual reports of discrimination by 
                minority and women business owners and the 
                organizations and individuals who represent 
                minority and women business owners;
                  (E) analyses demonstrating significant 
                reductions in the participation of minority and 
                women businesses in jurisdictions that have 
                reduced or eliminated their minority- and 
                women-owned business programs;
                  (F) statistical analyses showing significant 
                disparities in the credit available to 
                minority- and women-owned businesses;
                  (G) research and statistical analyses 
                demonstrating how discrimination negatively 
                impacts firm formation, growth, and success;
                  (H) experience of airports and other 
                localities demonstrating that race- and gender-
                neutral efforts alone are insufficient to 
                remedy discrimination; and
                  (I) other qualitative and quantitative 
                evidence of discrimination against minority- 
                and women-owned businesses in airport-related 
                industries.
          (6) All of this evidence provides a strong basis for 
        the continuation of the airport disadvantaged business 
        enterprise program and the airport concessions 
        disadvantaged business enterprise program.
          (7) Congress has received and reviewed recent 
        comprehensive and compelling evidence of discrimination 
        from many different sources, including congressional 
        hearings and roundtables, scientific reports, reports 
        issued by public and private agencies, news stories, 
        reports of discrimination by organizations and 
        individuals, and discrimination lawsuits.
  (c) Disadvantaged Business Enterprise Personal Net Worth Cap; 
Bonding Requirements.--Section 47113 is amended by adding at 
the end the following:
  ``(e) Personal Net Worth Cap.--
          ``(1) Regulations.--Not later than 180 days after the 
        date of enactment of this subsection, the Secretary 
        shall issue final regulations to adjust the personal 
        net worth cap used in determining whether an individual 
        is economically disadvantaged for purposes of 
        qualifying under the definition contained in subsection 
        (a)(2) and under section 47107(e). The regulations 
        shall correct for the impact of inflation since the 
        Small Business Administration established the personal 
        net worth cap at $750,000 in 1989.
          ``(2) Annual adjustment.--Following the initial 
        adjustment under paragraph (1), the Secretary shall 
        adjust, on June 30 of each year thereafter, the 
        personal net worth cap to account for changes, 
        occurring in the preceding 12-month period, in the 
        Consumer Price Index of All Urban Consumers (United 
        States city average, all items) published by the 
        Secretary of Labor.
  ``(f) Exclusion of Retirement Benefits.--
          ``(1) In general.--In calculating a business owner's 
        personal net worth, any funds held in a qualified 
        retirement account owned by the business owner shall be 
        excluded, subject to regulations to be issued by the 
        Secretary.
          ``(2) Regulations.--Not later than one year after the 
        date of enactment of this subsection, the Secretary 
        shall issue final regulations to implement paragraph 
        (1), including consideration of appropriate safeguards, 
        such as a limit on the amount of such accounts, to 
        prevent circumvention of personal net worth 
        requirements.
  ``(g) Prohibition on Excessive or Discriminatory Bonding 
Requirements.--
          ``(1) In general.--The Secretary shall establish a 
        program to eliminate barriers to small business 
        participation in airport-related contracts and 
        concessions by prohibiting excessive, unreasonable, or 
        discriminatory bonding requirements for any project 
        funded under this chapter or using passenger facility 
        revenues under section 40117.
          ``(2) Regulations.--Not later than one year after the 
        date of enactment of this subsection, the Secretary 
        shall issue a final rule to establish the program under 
        paragraph (1).''.

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

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

SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND.

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

SEC. 140. REDUCING APPORTIONMENTS.

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

SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND.

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

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

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

SEC. 143. USE OF APPORTIONED AMOUNTS.

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

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

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

SEC. 145. AIRPORT PRIVATIZATION PILOT PROGRAM.

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

SEC. 146. AIRPORT SECURITY PROGRAM.

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

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

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

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

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

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

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

SEC. 150. MIDWAY ISLAND AIRPORT.

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

SEC. 151. PUERTO RICO MINIMUM GUARANTEE.

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

SEC. 152. MISCELLANEOUS AMENDMENTS.

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

SEC. 153. AIRPORT MASTER PLANS.

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

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

SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS.

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

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

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

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

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

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

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

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

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

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

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

SEC. 210. NEXTGEN TECHNOLOGY TESTBED.

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

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

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

SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY.

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

SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

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

SEC. 214. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

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

SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

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

SEC. 216. FRONT LINE MANAGER STAFFING.

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

SEC. 217. FLIGHT SERVICE STATIONS.

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

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

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

SEC. 219. AIRSPACE REDESIGN.

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

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

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

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

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

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

SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS.

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

``Sec. 44730. Inspection of foreign repair stations

  ``(a) In General.--Not later than one year after the date of 
enactment of this section, and annually thereafter, the 
Administrator of the Federal Aviation Administration shall--
          ``(1) submit to Congress a certification that each 
        foreign repair station that is certified by the 
        Administrator under part 145 of title 14, Code of 
        Federal Regulations, and performs work on air carrier 
        aircraft or components has been inspected by safety 
        inspectors of the Administration not fewer than 2 times 
        in the preceding calendar year;
          ``(2) modify the certification requirements under 
        such part to include testing for the use of alcohol or 
        a controlled substance in accordance with section 45102 
        of any individual performing a safety-sensitive 
        function at a foreign aircraft repair station, 
        including an individual working at a station of a 
        third-party with whom an air carrier contracts to 
        perform work on air carrier aircraft or components; and
          ``(3) continue to hold discussions with countries 
        that have foreign repair stations that perform work on 
        air carrier aircraft and components to ensure 
        harmonization of the safety standards of such countries 
        with those of the United States, including standards 
        governing maintenance requirements, education and 
        licensing of maintenance personnel, training, 
        oversight, and mutual inspection of work sites.
  ``(b) Regulatory Authority With Respect to Certain Foreign 
Repair Stations.--With respect to repair stations that are 
located in countries that are party to the agreement entitled 
``Agreement between the United States of America and the 
European Community on Cooperation in the Regulation of Civil 
Aviation Safety'', dated June 30, 2008, the requirements of 
subsection (a) are an exercise of the rights of the United 
States under paragraph A of Article 15 of the Agreement, which 
provides that nothing in the Agreement shall be construed to 
limit the authority of a party to determine through its 
legislative, regulatory, and administrative measures, the level 
of protection it considers appropriate for civil aviation 
safety.''.
  (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).

SEC. 312. COCKPIT SMOKE.

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

SEC. 313. SAFETY OF HELICOPTER AIR AMBULANCE OPERATIONS.

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

``Sec. 44732. Helicopter air ambulance operations

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

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

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

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

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

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

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

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

                 Subtitle B--Unmanned Aircraft Systems

SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION PLAN.

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

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

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

SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

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

SEC. 324. DEFINITIONS.

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

                   Subtitle C--Safety and Protections

SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

  Section 106 is amended by adding at the end the following:
  ``(s) Aviation Safety Whistleblower Investigation Office.--
          ``(1) Establishment.--There is established in the 
        Federal Aviation Administration (in this subsection 
        referred to as the `Agency') an Aviation Safety 
        Whistleblower Investigation Office (in this subsection 
        referred to as the `Office').
          ``(2) Director.--
                  ``(A) Appointment.--The head of the Office 
                shall be the Director, who shall be appointed 
                by the Secretary of Transportation.
                  ``(B) Reports and recommendations to 
                secretary.--The Director shall provide regular 
                reports to the Secretary of Transportation. The 
                Director may recommend that the Secretary take 
                any action necessary for the Office to carry 
                out its functions, including protection of 
                complainants and witnesses.
                  ``(C) Qualifications.--The Director shall 
                have a demonstrated ability in investigations 
                and knowledge of or experience in aviation.
                  ``(D) Term.--The Director shall be appointed 
                for a term of 5 years.
                  ``(E) Vacancy.--Any individual appointed to 
                fill a vacancy in the position of the Director 
                occurring before the expiration of the term for 
                which the individual's predecessor was 
                appointed shall be appointed for the remainder 
                of that term.
          ``(3) Complaints and investigations.--
                  ``(A) Authority of director.--The Director 
                shall--
                          ``(i) receive complaints and 
                        information submitted by employees of 
                        persons holding certificates issued 
                        under title 14, Code of Federal 
                        Regulations, and employees of the 
                        Agency concerning the possible 
                        existence of an activity relating to a 
                        violation of an order, regulation, or 
                        standard of the Agency or any other 
                        provision of Federal law relating to 
                        aviation safety;
                          ``(ii) assess complaints and 
                        information submitted under clause (i) 
                        and determine whether a substantial 
                        likelihood exists that a violation of 
                        an order, regulation, or standard of 
                        the Agency or any other provision of 
                        Federal law relating to aviation safety 
                        may have occurred; and
                          ``(iii) based on findings of the 
                        assessment conducted under clause (ii), 
                        make recommendations to the Secretary 
                        and Administrator in writing for--
                                  ``(I) further investigation 
                                by the Office, the Inspector 
                                General of the Department of 
                                Transportation, or other 
                                appropriate investigative body; 
                                or
                                  ``(II) corrective actions.
                  ``(B) Disclosure of identities.--The Director 
                shall not disclose the identity or identifying 
                information of an individual who submits a 
                complaint or information under subparagraph 
                (A)(i) unless--
                          ``(i) the individual consents to the 
                        disclosure in writing; or
                          ``(ii) the Director determines, in 
                        the course of an investigation, that 
                        the disclosure is unavoidable, in which 
                        case the Director shall provide the 
                        individual with reasonable advance 
                        notice.
                  ``(C) Independence of director.--The 
                Secretary, the Administrator, or any officer or 
                employee of the Agency may not prevent or 
                prohibit the Director from initiating, carrying 
                out, or completing any assessment of a 
                complaint or information submitted under 
                subparagraph (A)(i) or from reporting to 
                Congress on any such assessment.
                  ``(D) Access to information.--In conducting 
                an assessment of a complaint or information 
                submitted under subparagraph (A)(i), the 
                Director shall have access to, and can order 
                the retention of, all records, reports, audits, 
                reviews, documents, papers, recommendations, 
                and other material necessary to determine 
                whether a substantial likelihood exists that a 
                violation of an order, regulation, or standard 
                of the Agency or any other provision of Federal 
                law relating to aviation safety may have 
                occurred. The Director may order sworn 
                testimony from appropriate witnesses during the 
                course of an investigation.
                  ``(E) Procedure.--The Office shall establish 
                procedures equivalent to sections 1213(d) and 
                1213(e) of title 5 for investigation, report, 
                employee comment, and evaluation by the 
                Secretary for any investigation conducted 
                pursuant to paragraph (3)(A).
          ``(4) Responses to recommendations.--The 
        Administrator shall--
                  ``(A) respond within 60 days to a 
                recommendation made by the Director under 
                paragraph (3)(A)(iii) in writing and retain 
                records related to any further investigations 
                or corrective actions taken in response to the 
                recommendation, in accordance with established 
                record retention requirements; and
                  ``(B) ensure that the findings of all 
                referrals for further investigation or 
                corrective actions taken are reported to the 
                Director.
          ``(5) Incident reports.--If the Director determines 
        there is a substantial likelihood that a violation of 
        an order, regulation, or standard of the Agency or any 
        other provision of Federal law relating to aviation 
        safety may have occurred that requires immediate 
        corrective action, the Director shall report the 
        potential violation expeditiously to the Secretary, the 
        Administrator, and the Inspector General of the 
        Department of Transportation.
          ``(6) Reporting of criminal violations to inspector 
        general.--If the Director has reasonable grounds to 
        believe that there has been a violation of Federal 
        criminal law, the Director shall report the violation 
        expeditiously to the Inspector General.
          ``(7) Retaliation against agency employees.--Any 
        retaliatory action taken or threatened against an 
        employee of the Agency for good faith participation in 
        activities under this subsection is prohibited. The 
        Director shall make all policy recommendations and 
        specific requests to the Secretary for relief necessary 
        to protect employees of the Agency who initiate or 
        participate in investigations under this subsection. 
        The Secretary shall respond in a timely manner and 
        shall share the responses with the appropriate 
        committees of Congress.
          ``(8) Disciplinary actions.--The Secretary shall 
        exercise the Secretary's authority under section 2302 
        of title 5 for the prevention of prohibited personnel 
        actions in any case in which the prohibited personnel 
        action is taken against an employee of the Agency who, 
        in good faith, has reported the possible existence of 
        an activity relating to a violation of an order, 
        regulation, or standard of the Agency or any other 
        provision of Federal law relating to aviation safety. 
        In exercising such authority, the Secretary may subject 
        an employee of the Agency who has taken or failed to 
        take, or threatened to take or fail to take, a 
        personnel action in violation of such section to a 
        disciplinary action up to and including termination.
          ``(9) Annual reports to congress.--Not later than 
        October 1 of each year, the Director shall submit to 
        Congress a public report containing--
                  ``(A) information on the number of 
                submissions of complaints and information 
                received by the Director under paragraph 
                (3)(A)(i) in the preceding 12-month period;
                  ``(B) summaries of those submissions;
                  ``(C) summaries of further investigations, 
                corrective actions recommended, and referrals 
                in response to the submissions;
                  ``(D) summaries of the responses of the 
                Administrator to such recommendations; and
                  ``(E) an evaluation of personnel and 
                resources necessary to effectively support the 
                mandate of the Office.''.

SEC. 332. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.

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

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

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

SEC. 334. ASSIGNMENT OF PRINCIPAL SUPERVISORY INSPECTORS.

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

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

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

SEC. 336. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.

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

       Subtitle D--Airline Safety and Pilot Training Improvement

SEC. 341. SHORT TITLE.

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

SEC. 342. DEFINITIONS.

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

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

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

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

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

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

  (a) In General.--The first sentence of section 1135(a) of 
title 49, United States Code, is amended by inserting ``to the 
National Transportation Safety Board'' after ``shall give''.
  (b) Air Carrier Safety Recommendations.--Section 1135 of such 
title is amended--
          (1) by redesignating subsections (c) and (d) as 
        subsections (d) and (e), respectively; and
          (2) by inserting after subsection (b) the following:
  ``(c) Annual Report on Air Carrier Safety Recommendations.--
          ``(1) In general.--The Secretary shall submit to 
        Congress and the Board, on an annual basis, a report on 
        the recommendations made by the Board to the Secretary 
        regarding air carrier operations conducted under part 
        121 of title 14, Code of Federal Regulations.
          ``(2) Recommendations to be covered.--The report 
        shall cover--
                  ``(A) any recommendation for which the 
                Secretary has developed, or intends to develop, 
                procedures to adopt the recommendation or part 
                of the recommendation, but has yet to complete 
                the procedures; and
                  ``(B) any recommendation for which the 
                Secretary, in the preceding year, has issued a 
                response under subsection (a)(2) or (a)(3) 
                refusing to carry out all or part of the 
                procedures to adopt the recommendation.
          ``(3) Contents.--
                  ``(A) Plans to adopt recommendations.--For 
                each recommendation of the Board described in 
                paragraph (2)(A), the report shall contain--
                          ``(i) a description of the 
                        recommendation;
                          ``(ii) a description of the 
                        procedures planned for adopting the 
                        recommendation or part of the 
                        recommendation;
                          ``(iii) the proposed date for 
                        completing the procedures; and
                          ``(iv) if the Secretary has not met a 
                        deadline contained in a proposed 
                        timeline developed in connection with 
                        the recommendation under subsection 
                        (b), an explanation for not meeting the 
                        deadline.
                  ``(B) Refusals to adopt recommendations.--For 
                each recommendation of the Board described in 
                paragraph (2)(B), the report shall contain--
                          ``(i) a description of the 
                        recommendation; and
                          ``(ii) a description of the reasons 
                        for the refusal to carry out all or 
                        part of the procedures to adopt the 
                        recommendation.''.

SEC. 346. FAA PILOT RECORDS DATABASE.

  (a) Records of Employment of Pilot Applicants.--Section 
44703(h) of title 49, United States Code, is amended by adding 
at the end the following:
          ``(16) Applicability.--This subsection shall cease to 
        be effective on the date specified in regulations 
        issued under subsection (i).''.
  (b) Establishment of FAA Pilot Records Database.--Section 
44703 of such title is amended--
          (1) by redesignating subsections (i) and (j) as 
        subsections (j) and (k), respectively; and
          (2) by inserting after subsection (h) the following:
  ``(i) FAA Pilot Records Database.--
          ``(1) In general.--Before allowing an individual to 
        begin service as a pilot, an air carrier shall access 
        and evaluate, in accordance with the requirements of 
        this subsection, information pertaining to the 
        individual from the pilot records database established 
        under paragraph (2).
          ``(2) Pilot records database.--The Administrator 
        shall establish an electronic database (in this 
        subsection referred to as the `database') containing 
        the following records:
                  ``(A) FAA records.--From the Administrator--
                          ``(i) records that are maintained by 
                        the Administrator concerning current 
                        airman certificates, including airman 
                        medical certificates and associated 
                        type ratings and information on any 
                        limitations to those certificates and 
                        ratings;
                          ``(ii) records that are maintained by 
                        the Administrator concerning any failed 
                        attempt of an individual to pass a 
                        practical test required to obtain a 
                        certificate or type rating under part 
                        61 of title 14, Code of Federal 
                        Regulations; and
                          ``(iii) summaries of legal 
                        enforcement actions resulting in a 
                        finding by the Administrator of a 
                        violation of this title or a regulation 
                        prescribed or order issued under this 
                        title that was not subsequently 
                        overturned.
                  ``(B) Air carrier and other records.--From 
                any air carrier or other person (except a 
                branch of the Armed Forces, the National Guard, 
                or a reserve component of the Armed Forces) 
                that has employed an individual as a pilot of a 
                civil or public aircraft, or from the trustee 
                in bankruptcy for such air carrier or person--
                          ``(i) records pertaining to the 
                        individual that are maintained by the 
                        air carrier (other than records 
                        relating to flight time, duty time, or 
                        rest time), including records under 
                        regulations set forth in--
                                  ``(I) section 121.683 of 
                                title 14, Code of Federal 
                                Regulations;
                                  ``(II) paragraph (A) of 
                                section VI, appendix I, part 
                                121 of such title;
                                  ``(III) paragraph (A) of 
                                section IV, appendix J, part 
                                121 of such title;
                                  ``(IV) section 125.401 of 
                                such title; and
                                  ``(V) section 135.63(a)(4) of 
                                such title; and
                          ``(ii) other records pertaining to 
                        the individual's performance as a pilot 
                        that are maintained by the air carrier 
                        or person concerning--
                                  ``(I) the training, 
                                qualifications, proficiency, or 
                                professional competence of the 
                                individual, including comments 
                                and evaluations made by a check 
                                airman designated in accordance 
                                with section 121.411, 125.295, 
                                or 135.337 of such title;
                                  ``(II) any disciplinary 
                                action taken with respect to 
                                the individual that was not 
                                subsequently overturned; and
                                  ``(III) any release from 
                                employment or resignation, 
                                termination, or 
                                disqualification with respect 
                                to employment.
                  ``(C) National driver register records.--In 
                accordance with section 30305(b)(8) of this 
                title, from the chief driver licensing official 
                of a State, information concerning the motor 
                vehicle driving record of the individual.
          ``(3) Written consent; release from liability.--An 
        air carrier--
                  ``(A) shall obtain the written consent of an 
                individual before accessing records pertaining 
                to the individual under paragraph (1); and
                  ``(B) may, notwithstanding any other 
                provision of law or agreement to the contrary, 
                require an individual with respect to whom the 
                carrier is accessing records under paragraph 
                (1) to execute a release from liability for any 
                claim arising from accessing the records or the 
                use of such records by the air carrier in 
                accordance with this section (other than a 
                claim arising from furnishing information known 
                to be false and maintained in violation of a 
                criminal statute).
          ``(4) Reporting.--
                  ``(A) Reporting by administrator.--The 
                Administrator shall enter data described in 
                paragraph (2)(A) into the database promptly to 
                ensure that an individual's records are 
                current.
                  ``(B) Reporting by air carriers and other 
                persons.--
                          ``(i) In general.--Air carriers and 
                        other persons shall report data 
                        described in paragraphs (2)(B) and 
                        (2)(C) to the Administrator promptly 
                        for entry into the database.
                          ``(ii) Data to be reported.--Air 
                        carriers and other persons shall 
                        report, at a minimum, under clause (i) 
                        the following data described in 
                        paragraph (2)(B):
                                  ``(I) Records that are 
                                generated by the air carrier or 
                                other person after the date of 
                                enactment of this paragraph.
                                  ``(II) Records that the air 
                                carrier or other person is 
                                maintaining, on such date of 
                                enactment, pursuant to 
                                subsection (h)(4).
          ``(5) Requirement to maintain records.--The 
        Administrator--
                  ``(A) shall maintain all records entered into 
                the database under paragraph (2) pertaining to 
                an individual until the date of receipt of 
                notification that the individual is deceased; 
                and
                  ``(B) may remove the individual's records 
                from the database after that date.
          ``(6) Receipt of consent.--The Administrator shall 
        not permit an air carrier to access records pertaining 
        to an individual from the database under paragraph (1) 
        without the air carrier first demonstrating to the 
        satisfaction of the Administrator that the air carrier 
        has obtained the written consent of the individual.
          ``(7) Right of pilot to review certain records and 
        correct inaccuracies.--Notwithstanding any other 
        provision of law or agreement, the Administrator, upon 
        receipt of written request from an individual--
                  ``(A) shall make available, not later than 30 
                days after the date of the request, to the 
                individual for review all records referred to 
                in paragraph (2) pertaining to the individual; 
                and
                  ``(B) shall provide the individual with a 
                reasonable opportunity to submit written 
                comments to correct any inaccuracies contained 
                in the records.
          ``(8) Reasonable charges for processing requests and 
        furnishing copies.--The Administrator may establish a 
        reasonable charge for the cost of processing a request 
        under paragraph (1) or (7) and for the cost of 
        furnishing copies of requested records under paragraph 
        (7).
          ``(9) Privacy protections.--
                  ``(A) Use of records.--An air carrier that 
                accesses records pertaining to an individual 
                under paragraph (1) may use the records only to 
                assess the qualifications of the individual in 
                deciding whether or not to hire the individual 
                as a pilot. The air carrier shall take such 
                actions as may be necessary to protect the 
                privacy of the individual and the 
                confidentiality of the records accessed, 
                including ensuring that information contained 
                in the records is not divulged to any 
                individual that is not directly involved in the 
                hiring decision.
                  ``(B) Disclosure of information.--
                          ``(i) In general.--Except as provided 
                        by clause (ii), information collected 
                        by the Administrator under paragraph 
                        (2) shall be exempt from the disclosure 
                        requirements of section 552 of title 5.
                          ``(ii) Exceptions.--Clause (i) shall 
                        not apply to--
                                  ``(I) de-identified, 
                                summarized information to 
                                explain the need for changes in 
                                policies and regulations;
                                  ``(II) information to correct 
                                a condition that compromises 
                                safety;
                                  ``(III) information to carry 
                                out a criminal investigation or 
                                prosecution;
                                  ``(IV) information to comply 
                                with section 44905, regarding 
                                information about threats to 
                                civil aviation; and
                                  ``(V) such information as the 
                                Administrator determines 
                                necessary, if withholding the 
                                information would not be 
                                consistent with the safety 
                                responsibilities of the Federal 
                                Aviation Administration.
          ``(10) Periodic review.--Not later than 18 months 
        after the date of enactment of this paragraph, and at 
        least once every 3 years thereafter, the Administrator 
        shall transmit to Congress a statement that contains, 
        taking into account recent developments in the aviation 
        industry--
                  ``(A) recommendations by the Administrator 
                concerning proposed changes to Federal Aviation 
                Administration records, air carrier records, 
                and other records required to be included in 
                the database under paragraph (2); or
                  ``(B) reasons why the Administrator does not 
                recommend any proposed changes to the records 
                referred to in subparagraph (A).
          ``(11) Regulations for protection and security of 
        records.--The Administrator shall prescribe such 
        regulations as may be necessary--
                  ``(A) to protect and secure--
                          ``(i) the personal privacy of any 
                        individual whose records are accessed 
                        under paragraph (1); and
                          ``(ii) the confidentiality of those 
                        records; and
                  ``(B) to preclude the further dissemination 
                of records received under paragraph (1) by the 
                person who accessed the records.
          ``(12) Good faith exception.--Notwithstanding 
        paragraph (1), an air carrier may allow an individual 
        to begin service as a pilot, without first obtaining 
        information described in paragraph (2)(B) from the 
        database pertaining to the individual, if--
                  ``(A) the air carrier has made a documented 
                good faith attempt to access the information 
                from the database; and
                  ``(B) has received written notice from the 
                Administrator that the information is not 
                contained in the database because the 
                individual was employed by an air carrier or 
                other person that no longer exists or by a 
                foreign government or other entity that has not 
                provided the information to the database.
          ``(13) Limitations on electronic access to records.--
                  ``(A) Access by individuals designated by air 
                carriers.--For the purpose of increasing timely 
                and efficient access to records described in 
                paragraph (2), the Administrator may allow, 
                under terms established by the Administrator, 
                an individual designated by an air carrier to 
                have electronic access to the database.
                  ``(B) Terms.--The terms established by the 
                Administrator under subparagraph (A) for 
                allowing a designated individual to have 
                electronic access to the database shall limit 
                such access to instances in which information 
                in the database is required by the designated 
                individual in making a hiring decision 
                concerning a pilot applicant and shall require 
                that the designated individual provide 
                assurances satisfactory to the Administrator 
                that--
                          ``(i) the designated individual has 
                        received the written consent of the 
                        pilot applicant to access the 
                        information; and
                          ``(ii) information obtained using 
                        such access will not be used for any 
                        purpose other than making the hiring 
                        decision.
          ``(14) Authorized expenditures.--Out of amounts 
        appropriated under section 106(k)(1), there is 
        authorized to be expended to carry out this subsection 
        such sums as may be necessary for each of fiscal years 
        2010, 2011, and 2012.
          ``(15) Regulations.--
                  ``(A) In general.--The Administrator shall 
                issue regulations to carry out this subsection.
                  ``(B) Effective date.--The regulations shall 
                specify the date on which the requirements of 
                this subsection take effect and the date on 
                which the requirements of subsection (h) cease 
                to be effective.
                  ``(C) Exceptions.--Notwithstanding 
                subparagraph (B)--
                          ``(i) the Administrator shall begin 
                        to establish the database under 
                        paragraph (2) not later than 90 days 
                        after the date of enactment of this 
                        paragraph;
                          ``(ii) the Administrator shall 
                        maintain records in accordance with 
                        paragraph (5) beginning on the date of 
                        enactment of this paragraph; and
                          ``(iii) air carriers and other 
                        persons shall maintain records to be 
                        reported to the database under 
                        paragraph (4)(B) in the period 
                        beginning on such date of enactment and 
                        ending on the date that is 5 years 
                        after the requirements of subsection 
                        (h) cease to be effective pursuant to 
                        subparagraph (B).
          ``(16) Special rule.--During the one-year period 
        beginning on the date on which the requirements of this 
        section become effective pursuant to paragraph (15)(B), 
        paragraph (7)(A) shall be applied by substituting `45 
        days' for `30 days'.''.
  (c) Conforming Amendments.--
          (1) Limitation on liability; preemption of state 
        law.--Section 44703(j) (as redesignated by subsection 
        (b)(1) of this section) is amended--
                  (A) in the subsection heading by striking 
                ``Limitation'' and inserting ``Limitations'';
                  (B) in paragraph (1)--
                          (i) in the matter preceding 
                        subparagraph (A) by striking 
                        ``paragraph (2)'' and inserting 
                        ``subsection (h)(2) or (i)(3)'';
                          (ii) in subparagraph (A) by inserting 
                        ``or accessing the records of that 
                        individual under subsection (i)(1)'' 
                        before the semicolon; and
                          (iii) in the matter following 
                        subparagraph (D) by striking 
                        ``subsection (h)'' and inserting 
                        ``subsection (h) or (i)'';
                  (C) in paragraph (2) by striking ``subsection 
                (h)'' and inserting ``subsection (h) or (i)'';
                  (D) in paragraph (3), in the matter preceding 
                subparagraph (A), by inserting ``or who 
                furnished information to the database 
                established under subsection (i)(2)'' after 
                ``subsection (h)(1)''; and
                  (E) by adding at the end the following:
          ``(4) Prohibition on actions and proceedings against 
        air carriers.--
                  ``(A) Hiring decisions.--An air carrier may 
                refuse to hire an individual as a pilot if the 
                individual did not provide written consent for 
                the air carrier to receive records under 
                subsection (h)(2)(A) or (i)(3)(A) or did not 
                execute the release from liability requested 
                under subsection (h)(2)(B) or (i)(3)(B).
                  ``(B) Actions and proceedings.--No action or 
                proceeding may be brought against an air 
                carrier by or on behalf of an individual who 
                has applied for or is seeking a position as a 
                pilot with the air carrier if the air carrier 
                refused to hire the individual after the 
                individual did not provide written consent for 
                the air carrier to receive records under 
                subsection (h)(2)(A) or (i)(3)(A) or did not 
                execute a release from liability requested 
                under subsection (h)(2)(B) or (i)(3)(B).''.
          (2) Limitation on statutory construction.--Section 
        44703(k) (as redesignated by subsection (b)(1) of this 
        section) is amended by striking ``subsection (h)'' and 
        inserting ``subsection (h) or (i)''.

SEC. 347. FAA RULEMAKING ON TRAINING PROGRAMS.

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

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

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

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

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

SEC. 350. FLIGHT CREWMEMBER SCREENING AND QUALIFICATIONS.

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

SEC. 351. AIRLINE TRANSPORT PILOT CERTIFICATION.

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

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

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

SEC. 353. VOLUNTARY SAFETY PROGRAMS.

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

SEC. 354. ASAP AND FOQA IMPLEMENTATION PLAN.

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

SEC. 355. SAFETY MANAGEMENT SYSTEMS.

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

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

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

SEC. 357. PILOT FATIGUE.

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

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

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

                   TITLE IV--AIR SERVICE IMPROVEMENTS

SEC. 401. SMOKING PROHIBITION.

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

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

SEC. 402. MONTHLY AIR CARRIER REPORTS.

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

SEC. 403. FLIGHT OPERATIONS AT REAGAN NATIONAL AIRPORT.

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

SEC. 404. EAS CONTRACT GUIDELINES.

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

SEC. 405. ESSENTIAL AIR SERVICE REFORM.

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

SEC. 406. SMALL COMMUNITY AIR SERVICE.

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

SEC. 407. AIR PASSENGER SERVICE IMPROVEMENTS.

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

           ``CHAPTER 423--AIR PASSENGER SERVICE IMPROVEMENTS

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

``Sec. 42301. Emergency contingency plans

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

``Sec. 42302. Consumer complaints

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

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

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

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

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

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

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

SEC. 408. CONTENTS OF COMPETITION PLANS.

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

SEC. 409. EXTENSION OF COMPETITIVE ACCESS REPORTS.

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

SEC. 410. CONTRACT TOWER PROGRAM.

  (a) Cost-Benefit Requirement.--Section 47124(b) is amended--
          (1) by striking ``(1) The Secretary'' and inserting 
        the following:
          ``(1) Contract tower program.--
                  ``(A) Continuation and extension.--The 
                Secretary'';
          (2) by adding at the end of paragraph (1) the 
        following:
                  ``(B) Special rule.--If the Secretary 
                determines that a tower already operating under 
                the program continued under this paragraph has 
                a benefit to cost ratio of less than 1.0, the 
                airport sponsor or State or local government 
                having jurisdiction over the airport shall not 
                be required to pay the portion of the costs 
                that exceeds the benefit for a period of 18 
                months after such determination is made.
                  ``(C) Use of excess funds.--If the Secretary 
                finds that all or part of an amount made 
                available to carry out the program continued 
                under this paragraph is not required during a 
                fiscal year, the Secretary may use, during such 
                fiscal year, the amount not so required to 
                carry out the program established under 
                paragraph (3).''; and
          (3) by striking ``(2) The Secretary'' and inserting 
        the following:
          ``(2) General authority.--The Secretary''.
          (1) Section 47124(b)(3)(E) is amended to read as 
        follows:
                  ``(E) Funding.--Of the amounts appropriated 
                pursuant to section 106(k), not more than 
                $9,500,000 for fiscal year 2010, $10,000,000 
                for fiscal year 2011, and $10,000,000 for 
                fiscal year 2012 may be used to carry out this 
                paragraph.''.
          (2) Use of excess funds.--Section 47124(b)(3) is 
        amended--
                  (A) by redesignating subparagraph (E) (as 
                amended by paragraph (1) of this subsection) as 
                subparagraph (F); and
                  (B) by inserting after subparagraph (D) the 
                following:
                  ``(E) Use of excess funds.--If the Secretary 
                finds that all or part of an amount made 
                available under this subparagraph is not 
                required during a fiscal year to carry out this 
                paragraph, the Secretary may use, during such 
                fiscal year, the amount not so required to 
                carry out the program continued under paragraph 
                (1).''.
  (c) Federal Share.--Section 47124(b)(4)(C) is amended by 
striking ``$1,500,000'' and inserting ``$2,000,000''.
  (d) Safety Audits.--Section 47124 is amended by adding at the 
end the following:
  ``(c) Safety Audits.--The Secretary shall establish uniform 
standards and requirements for safety assessments of air 
traffic control towers that receive funding under this 
section.''.

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

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

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

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

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

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

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

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

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

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

SEC. 416. OFFICE OF RURAL AVIATION.

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

``Sec. 41749. Office of Rural Aviation

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

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

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

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

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

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

SEC. 419. EUROPEAN UNION RULES FOR PASSENGER RIGHTS.

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

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

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

SEC. 421. DENIED BOARDING COMPENSATION.

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

SEC. 422. COMPENSATION FOR DELAYED BAGGAGE.

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

SEC. 423. SCHEDULE REDUCTION.

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

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

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

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

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

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

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

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

SEC. 426. ANTITRUST EXEMPTIONS.

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

SEC. 427. MUSICAL INSTRUMENTS.

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

``Sec. 41725. Musical instruments

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

``41725. Musical instruments.''.

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

          TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PROGRAM.

  Section 40128 is amended--
          (1) in subsection (a)(1)(C) by inserting ``or 
        voluntary agreement under subsection (b)(7)'' before 
        ``for the park'';
          (2) in subsection (a) by adding at the end the 
        following:
          ``(5) Exemption.--
                  ``(A) In general.--Notwithstanding paragraph 
                (1), a national park that has 50 or fewer 
                commercial air tour flights a year shall be 
                exempt from the requirements of this section, 
                except as provided in subparagraph (B).
                  ``(B) Withdrawal of exemption.--If the 
                Director determines that an air tour management 
                plan or voluntary agreement is necessary to 
                protect park resources and values or park 
                visitor use and enjoyment, the Director shall 
                withdraw the exemption of a park under 
                subparagraph (A).
                  ``(C) List of parks.--The Director shall 
                inform the Administrator, in writing, of each 
                determination under subparagraph (B). The 
                Director and Administrator shall publish an 
                annual list of national parks that are covered 
                by the exemption provided by this paragraph.
                  ``(D) Annual report.--A commercial air tour 
                operator conducting commercial air tours in a 
                national park that is exempt from the 
                requirements of this section shall submit to 
                the Administrator and the Director an annual 
                report regarding the number of commercial air 
                tour flights it conducts each year in such 
                park.'';
          (3) in subsection (b) by adding at the end the 
        following:
          ``(7) Voluntary agreements.--
                  ``(A) In general.--As an alternative to an 
                air tour management plan, the Director and the 
                Administrator may enter into a voluntary 
                agreement with a commercial air tour operator 
                (including a new entrant applicant and an 
                operator that has interim operating authority) 
                that has applied to conduct air tour operations 
                over a national park to manage commercial air 
                tour operations over such national park.
                  ``(B) Park protection.--A voluntary agreement 
                under this paragraph with respect to commercial 
                air tour operations over a national park shall 
                address the management issues necessary to 
                protect the resources of such park and visitor 
                use of such park without compromising aviation 
                safety or the air traffic control system and 
                may--
                          ``(i) include provisions such as 
                        those described in subparagraphs (B) 
                        through (E) of paragraph (3);
                          ``(ii) include provisions to ensure 
                        the stability of, and compliance with, 
                        the voluntary agreement; and
                          ``(iii) provide for fees for such 
                        operations.
                  ``(C) Public.--The Director and the 
                Administrator shall provide an opportunity for 
                public review of a proposed voluntary agreement 
                under this paragraph and shall consult with any 
                Indian tribe whose tribal lands are, or may be, 
                flown over by a commercial air tour operator 
                under a voluntary agreement under this 
                paragraph. After such opportunity for public 
                review and consultation, the voluntary 
                agreement may be implemented without further 
                administrative or environmental process beyond 
                that described in this subsection.
                  ``(D) Termination.--A voluntary agreement 
                under this paragraph may be terminated at any 
                time at the discretion of the Director or the 
                Administrator if the Director determines that 
                the agreement is not adequately protecting park 
                resources or visitor experiences or the 
                Administrator determines that the agreement is 
                adversely affecting aviation safety or the 
                national aviation system. If a voluntary 
                agreement for a national park is terminated, 
                the operators shall conform to the requirements 
                for interim operating authority under 
                subsection (c) until an air tour management 
                plan for the park is in effect.'';
          (4) in subsection (c) by striking paragraph (2)(I) 
        and inserting the following:
                  ``(I) may allow for modifications of the 
                interim operating authority without further 
                environmental review beyond that described in 
                this section if--
                          ``(i) adequate information regarding 
                        the operator's existing and proposed 
                        operations under the interim operating 
                        authority is provided to the 
                        Administrator and the Director;
                          ``(ii) the Administrator determines 
                        that there would be no adverse impact 
                        on aviation safety or the air traffic 
                        control system; and
                          ``(iii) the Director agrees with the 
                        modification, based on the Director's 
                        professional expertise regarding the 
                        protection of the park resources and 
                        values and visitor use and 
                        enjoyment.'';
          (5) in subsection (c)(3)(A) by striking ``if the 
        Administrator determines'' and all that follows through 
        the period at the end and inserting ``without further 
        environmental process beyond that described in this 
        paragraph if--
                          ``(i) adequate information on the 
                        operator's proposed operations is 
                        provided to the Administrator and the 
                        Director by the operator making the 
                        request;
                          ``(ii) the Administrator agrees that 
                        there would be no adverse impact on 
                        aviation safety or the air traffic 
                        control system; and
                          ``(iii) the Director agrees, based on 
                        the Director's professional expertise 
                        regarding the protection of park 
                        resources and values and visitor use 
                        and enjoyment.'';
          (6) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively; and
          (7) by inserting after subsection (c) the following:
  ``(d) Commercial Air Tour Operator Reports.--
          ``(1) Report.--Each commercial air tour operator 
        providing a commercial air tour over a national park 
        under interim operating authority granted under 
        subsection (c) or in accordance with an air tour 
        management plan under subsection (b) shall submit a 
        report to the Administrator and Director regarding the 
        number of its commercial air tour operations over each 
        national park and such other information as the 
        Administrator and Director may request in order to 
        facilitate administering the provisions of this 
        section.
          ``(2) Report submission.--Not later than 3 months 
        after the date of enactment of the Aviation Safety and 
        Investment Act of 2010, the Administrator and Director 
        shall jointly issue an initial request for reports 
        under this subsection. The reports shall be submitted 
        to the Administrator and Director on a frequency and in 
        a format prescribed by the Administrator and 
        Director.''.

SEC. 502. STATE BLOCK GRANT PROGRAM.

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

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

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

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

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

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

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

SEC. 506. SOUNDPROOFING OF RESIDENCES.

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 509. ENVIRONMENTAL MITIGATION PILOT PROGRAM.

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

SEC. 510. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM.

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

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

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

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

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

SEC. 513. CABIN AIR QUALITY TECHNOLOGY.

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

SEC. 514. SENSE OF CONGRESS.

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

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

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

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

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

SEC. 517. WESTCHESTER COUNTY AIRPORT, NEW YORK.

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

SEC. 518. AVIATION NOISE COMPLAINTS.

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

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

  (a) Dispute Resolution.--Section 40122(a) is amended--
          (1) by redesignating paragraphs (3) and (4) as 
        paragraphs (5) and (6), respectively; and
          (2) by striking paragraph (2) and inserting the 
        following:
          ``(2) Dispute resolution.--
                  ``(A) Mediation.--If the Administrator does 
                not reach an agreement under paragraph (1) or 
                the provisions referred to in subsection 
                (g)(2)(C) with the exclusive bargaining 
                representative of the employees, the 
                Administrator and the bargaining 
                representative--
                          ``(i) shall use the services of the 
                        Federal Mediation and Conciliation 
                        Service to attempt to reach such 
                        agreement in accordance with part 1425 
                        of title 29, Code of Federal 
                        Regulations (as in effect on the date 
                        of enactment of the Aviation Safety and 
                        Investment Act of 2010); or
                          ``(ii) may by mutual agreement adopt 
                        alternative procedures for the 
                        resolution of disputes or impasses 
                        arising in the negotiation of the 
                        collective-bargaining agreement.
                  ``(B) Binding arbitration.--
                          ``(i) Assistance from federal service 
                        impasses panel.--If the services of the 
                        Federal Mediation and Conciliation 
                        Service under subparagraph (A)(i) do 
                        not lead to an agreement, the 
                        Administrator and the exclusive 
                        bargaining representative of the 
                        employees (in this subparagraph 
                        referred to as the `parties') shall 
                        submit their issues in controversy to 
                        the Federal Service Impasses Panel. The 
                        Panel shall assist the parties in 
                        resolving the impasse by asserting 
                        jurisdiction and ordering binding 
                        arbitration by a private arbitration 
                        board consisting of 3 members.
                          ``(ii) Appointment of arbitration 
                        board.--The Executive Director of the 
                        Panel shall provide for the appointment 
                        of the 3 members of a private 
                        arbitration board under clause (i) by 
                        requesting the Director of the Federal 
                        Mediation and Conciliation Service to 
                        prepare a list of not less than 15 
                        names of arbitrators with Federal 
                        sector experience and by providing the 
                        list to the parties. Within 10 days of 
                        receiving the list, the parties shall 
                        each select one person from the list. 
                        The 2 arbitrators selected by the 
                        parties shall then select a third 
                        person from the list within 7 days. If 
                        either of the parties fails to select a 
                        person or if the 2 arbitrators are 
                        unable to agree on the third person 
                        within 7 days, the parties shall make 
                        the selection by alternately striking 
                        names on the list until one arbitrator 
                        remains.
                          ``(iii) Framing issues in 
                        controversy.--If the parties do not 
                        agree on the framing of the issues to 
                        be submitted for arbitration, the 
                        arbitration board shall frame the 
                        issues.
                          ``(iv) Hearings.--The arbitration 
                        board shall give the parties a full and 
                        fair hearing, including an opportunity 
                        to present evidence in support of their 
                        claims and an opportunity to present 
                        their case in person, by counsel, or by 
                        other representative as they may elect.
                          ``(v) Decisions.--The arbitration 
                        board shall render its decision within 
                        90 days after the date of its 
                        appointment. Decisions of the 
                        arbitration board shall be conclusive 
                        and binding upon the parties.
                          ``(vi) Costs.--The parties shall 
                        share costs of the arbitration equally.
          ``(3) Ratification of agreements.--Upon reaching a 
        voluntary agreement or at the conclusion of the binding 
        arbitration under paragraph (2)(B), the final 
        agreement, except for those matters decided by an 
        arbitration board, shall be subject to ratification by 
        the exclusive bargaining representative of the 
        employees, if so requested by the bargaining 
        representative, and approval by the head of the agency 
        in accordance with the provisions referred to in 
        subsection (g)(2)(C).
          ``(4) Enforcement.--
                  ``(A) Enforcement actions in united states 
                courts.--Each United States district court and 
                each United States court of a place subject to 
                the jurisdiction of the United States shall 
                have jurisdiction of enforcement actions 
                brought under this section. Such an action may 
                be brought in any judicial district in the 
                State in which the violation of this section is 
                alleged to have been committed, the judicial 
                district in which the Federal Aviation 
                Administration has its principal office, or the 
                District of Columbia.
                  ``(B) Attorney fees.--The court may assess 
                against the Federal Aviation Administration 
                reasonable attorney fees and other litigation 
                costs reasonably incurred in any case under 
                this section in which the complainant has 
                substantially prevailed.''.
  (b) Application.--On and after the date of enactment of this 
Act, any changes implemented by the Administrator of the 
Federal Aviation Administration on and after July 10, 2005, 
under section 40122(a) of title 49, United States Code (as in 
effect on the day before such date of enactment), without the 
agreement of the exclusive bargaining representative of the 
employees of the Administration certified under section 7111 of 
title 5, United States Code, shall be null and void and the 
parties shall be governed by their last mutual agreement before 
the implementation of such changes. The Administrator and the 
bargaining representative shall resume negotiations promptly, 
and, subject to subsection (c), their last mutual agreement 
shall be in effect until a new contract is adopted by the 
Administrator and the bargaining representative. If an 
agreement is not reached within 45 days after the date on which 
negotiations resume, the Administrator and the bargaining 
representative shall submit their issues in controversy to the 
Federal Service Impasses Panel in accordance with section 7119 
of title 5, United States Code, for binding arbitration in 
accordance with paragraphs (2)(B), (3), and (4) of section 
40122(a) of title 49, United States Code (as amended by 
subsection (a) of this section).
  (c) Savings Clause.--All cost of living adjustments and other 
pay increases, lump sum payments to employees, and leave and 
other benefit accruals implemented as part of the changes 
referred to in subsection (b) may not be reversed unless such 
reversal is part of the calculation of back pay under 
subsection (d). The Administrator shall waive any overpayment 
paid to, and not collect any funds for such overpayment, from 
former employees of the Administration who received lump sum 
payments prior to their separation from the Administration.
  (d) Back Pay.--
          (1) In general.--Employees subject to changes 
        referred to in subsection (b) that are determined to be 
        null and void under subsection (b) shall be eligible 
        for pay that the employees would have received under 
        the last mutual agreement between the Administrator and 
        the exclusive bargaining representative of such 
        employees before the date of enactment of this Act and 
        any changes were implemented without agreement of the 
        bargaining representative. The Administrator shall pay 
        the employees such pay subject to the availability of 
        amounts appropriated to carry out this subsection. If 
        the appropriated funds do not cover all claims of the 
        employees for such pay, the Administrator and the 
        bargaining representative, pursuant to negotiations 
        conducted in accordance with section 40122(a) of title 
        49, United States Code (as amended by subsection (a) of 
        this section), shall determine the allocation of the 
        appropriated funds among the employees on a pro rata 
        basis.
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated $20,000,000 to carry out 
        this subsection.
  (e) Interim Agreement.--If the Administrator and the 
exclusive bargaining representative of the employees subject to 
the changes referred to in subsection (b) reach a final and 
binding agreement with respect to such changes before the date 
of enactment of this Act, such agreement shall supersede any 
changes implemented by the Administrator under section 40122(a) 
of title 49, United States Code (as in effect on the day before 
such date of enactment), without the agreement of the 
bargaining representative, and subsections (b) and (c) shall 
not take effect.

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

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

SEC. 603. APPLICABILITY OF BACK PAY REQUIREMENTS.

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

SEC. 604. FAA TECHNICAL TRAINING AND STAFFING.

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

SEC. 605. DESIGNEE PROGRAM.

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

SEC. 606. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.

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

SEC. 607. SAFETY CRITICAL STAFFING.

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

SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFFING.

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

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

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

SEC. 610. COLLEGIATE TRAINING INITIATIVE STUDY.

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

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

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

                     TITLE VII--AVIATION INSURANCE

SEC. 701. GENERAL AUTHORITY.

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

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

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

SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.

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

SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.

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

SEC. 705. EXTENSION OF PROGRAM AUTHORITY.

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

                       TITLE VIII--MISCELLANEOUS

SEC. 801. AIR CARRIER CITIZENSHIP.

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

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

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

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

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

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

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

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

SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

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

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

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

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

SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION.

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

SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FACILITIES.

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

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

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

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

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

SEC. 810. LOST NATION AIRPORT, OHIO.

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

SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA.

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

SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY PROGRAM.

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 819. CABIN TEMPERATURE AND HUMIDITY STANDARDS STUDY.

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

SEC. 820. CIVIL PENALTIES TECHNICAL AMENDMENTS.

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

SEC. 821. STUDY AND REPORT ON ALLEVIATING CONGESTION.

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

SEC. 822. AIRLINE PERSONNEL TRAINING ENHANCEMENT.

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

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

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

SEC. 824. FAA RADAR SIGNAL LOCATIONS.

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

SEC. 825. WIND TURBINE LIGHTING.

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

SEC. 826. PROHIBITION ON USE OF CERTAIN FUNDS.

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

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

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

SEC. 828. WHISTLEBLOWERS AT FAA.

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

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

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

SEC. 830. PILOT TRAINING AND CERTIFICATION.

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

SEC. 831. ST. GEORGE, UTAH.

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

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

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

SEC. 833. SANTA MONICA AIRPORT, CALIFORNIA.

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

          TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

SEC. 901. SHORT TITLE.

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

SEC. 902. DEFINITIONS.

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

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

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

SEC. 904. RESEARCH PROGRAM ON RUNWAYS.

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

SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.

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

SEC. 906. CENTERS OF EXCELLENCE.

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

SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM.

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

SEC. 908. UNMANNED AIRCRAFT SYSTEMS.

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

SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS.

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

SEC. 910. AVIATION GAS RESEARCH AND DEVELOPMENT PROGRAM.

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

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

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

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

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

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

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

SEC. 914. CENTER FOR EXCELLENCE IN AVIATION EMPLOYMENT.

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

            TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING

SEC. 1001. SHORT TITLE.

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

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

  (a) Rate of Tax on Aviation-grade Kerosene and Aviation 
Gasoline.--
          (1) Aviation-grade kerosene.--Subparagraph (A) of 
        section 4081(a)(2) of the Internal Revenue Code of 1986 
        (relating to rates of tax) is amended by striking 
        ``and'' at the end of clause (ii), by striking the 
        period at the end of clause (iii) and inserting ``, 
        and'', and by adding at the end the following new 
        clause:
                          ``(iv) in the case of aviation-grade 
                        kerosene, 35.9 cents per gallon.''.
          (2) Aviation gasoline.--Clause (ii) of section 
        4081(a)(2)(A) of such Code is amended by striking 
        ``19.3 cents'' and inserting ``24.1 cents''.
          (3) Fuel removed directly into fuel tank of airplane 
        used in noncommercial aviation.--Subparagraph (C) of 
        section 4081(a)(2) of such Code is amended to read as 
        follows:
                  ``(C) Taxes imposed on fuel used in 
                commercial aviation.--In the case of aviation-
                grade kerosene which is removed from any 
                refinery or terminal directly into the fuel 
                tank of an aircraft for use in commercial 
                aviation by a person registered for such use 
                under section 4101, the rate of tax under 
                subparagraph (A)(iv) shall be 4.3 cents per 
                gallon.''.
          (4) Conforming amendments.--
                  (A) Clause (iii) of section 4081(a)(2)(A) of 
                such Code is amended by inserting ``other than 
                aviation-grade kerosene'' after ``kerosene''.
                  (B) The following provisions of such Code are 
                each amended by striking ``kerosene'' and 
                inserting ``aviation-grade kerosene'':
                          (i) Section 4081(a)(3)(A)(ii).
                          (ii) Section 4081(a)(3)(A)(iv).
                          (iii) Section 4081(a)(3)(D).
                  (C) Section 4081(a)(3)(D) of such Code is 
                amended--
                          (i) by striking ``paragraph 
                        (2)(C)(i)'' in clause (i) and inserting 
                        ``paragraph (2)(C)'', and
                          (ii) by striking ``paragraph 
                        (2)(C)(ii)'' in clause (ii) and 
                        inserting ``paragraph (2)(A)(iv)''.
                  (D) Section 4081(a)(4) of such Code is 
                amended--
                          (i) by striking ``paragraph 
                        (2)(C)(i)'' and inserting ``paragraph 
                        (2)(C)'', and
                          (ii) by striking ``kerosene'' in the 
                        heading and inserting ``aviation-grade 
                        kerosene''.
                  (E) Section 4081(d)(2) of such Code is 
                amended by inserting ``, (a)(2)(A)(iv),'' after 
                ``subsections (a)(2)(A)(ii)''.
  (b) Extension.--
          (1) Fuels taxes.--Paragraph (2) of section 4081(d) of 
        such Code is amended by striking ``gallon--'' and all 
        that follows and inserting ``gallon after September 30, 
        2012''.
          (2) Taxes on transportation of persons and 
        property.--
                  (A) Persons.--Clause (ii) of section 
                4261(j)(1)(A) of such Code is amended by 
                striking ``September 30, 2009'' and inserting 
                ``September 30, 2012''.
                  (B) Property.--Clause (ii) of section 
                4271(d)(1)(A) of such Code is amended by 
                striking ``September 30, 2009'' and inserting 
                ``September 30, 2012''.
  (c) Exemption for Aviation-grade Kerosene Removed Into an 
Aircraft.--Subsection (e) of section 4082 of such Code is 
amended--
          (1) by striking ``kerosene'' and inserting 
        ``aviation-grade kerosene'',
          (2) by striking ``section 4081(a)(2)(A)(iii)'' and 
        inserting ``section 4081(a)(2)(A)(iv)'', and
          (3) by striking ``Kerosene'' in the heading and 
        inserting ``Aviation-Grade Kerosene''.
  (d) Retail Tax on Aviation Fuel.--
          (1) Exemption for previously taxed fuel.--Paragraph 
        (2) of section 4041(c) of such Code is amended by 
        inserting ``at the rate specified in subsection 
        (a)(2)(A)(iv) thereof'' after ``section 4081''.
          (2) Rate of tax.--Paragraph (3) of section 4041(c) of 
        such Code is amended to read as follows:
          ``(3) Rate of tax.--The rate of tax imposed by this 
        subsection shall be the rate of tax in effect under 
        section 4081(a)(2)(A)(iv) (4.3 cents per gallon with 
        respect to any sale or use for commercial aviation).''.
  (e) Refunds Relating to Aviation-grade Kerosene.--
          (1) Kerosene used in commercial aviation.--Clause 
        (ii) of section 6427(l)(4)(A) of such Code is amended 
        by striking ``specified in section 4041(c) or 
        4081(a)(2)(A)(iii), as the case may be,'' and inserting 
        ``so imposed''.
          (2) Kerosene used in aviation.--Paragraph (4) of 
        section 6427(l) of such Code is amended--
                  (A) by striking subparagraph (B) and 
                redesignating subparagraph (C) as subparagraph 
                (B), and
                  (B) by amending subparagraph (B), as 
                redesignated by subparagraph (A), to read as 
                follows:
                  ``(B) Payments to ultimate, registered 
                vendor.--With respect to any kerosene used in 
                aviation (other than kerosene to which 
                paragraph (6) applies), if the ultimate 
                purchaser of such kerosene waives (at such time 
                and in such form and manner as the Secretary 
                shall prescribe) the right to payment under 
                paragraph (1) and assigns such right to the 
                ultimate vendor, then the Secretary shall pay 
                (without interest) the amount which would be 
                paid under paragraph (1) to such ultimate 
                vendor, but only if such ultimate vendor--
                          ``(i) is registered under section 
                        4101, and
                          ``(ii) meets the requirements of 
                        subparagraph (A), (B), or (D) of 
                        section 6416(a)(1).''.
          (3) Aviation-grade kerosene not used in aviation.--
        Subsection (l) of section 6427 of such Code is amended 
        by redesignating paragraph (5) as paragraph (6) and by 
        inserting after paragraph (4) the following new 
        paragraph:
          ``(5) Refunds for aviation-grade kerosene not used in 
        aviation.--If tax has been imposed under section 4081 
        at the rate specified in section 4081(a)(2)(A)(iv) and 
        the fuel is used other than in an aircraft, the 
        Secretary shall pay (without interest) to the ultimate 
        purchaser of such fuel an amount equal to the amount of 
        tax imposed on such fuel reduced by the amount of tax 
        that would be imposed under section 4041 if no tax 
        under section 4081 had been imposed.''.
          (4) Conforming amendments.--
                  (A) Section 6427(i)(4) of such Code is 
                amended--
                          (i) by striking ``paragraph (4)(C) or 
                        (5)'' both places it appears and 
                        inserting ``paragraph (4)(B) or (6)'', 
                        and
                          (ii) by striking ``, (l)(4)(C)(ii), 
                        and (l)(5)'' and inserting ``and 
                        (l)(6)''.
                  (B) Section 6427(l)(1) of such Code is 
                amended by striking ``paragraph (4)(C)(i)'' and 
                inserting ``paragraph (4)(B)(i)''.
                  (C) Section 4082(d)(2)(B) of such Code is 
                amended by striking ``6427(l)(5)(B)'' and 
                inserting ``6427(l)(6)(B)''.
  (f) Airport and Airway Trust Fund.--
          (1) Extension of trust fund authorities.--
                  (A) Expenditures from trust fund.--Paragraph 
                (1) of section 9502(d) of such Code is 
                amended--
                          (i) by striking ``October 1, 2009'' 
                        in the matter preceding subparagraph 
                        (A) and inserting ``October 1, 2012'', 
                        and
                          (ii) by inserting ``or the Aviation 
                        Safety and Investment Act of 2010'' 
                        before the semicolon at the end of 
                        subparagraph (A).
                  (B) Limitation on transfers to trust fund.--
                Paragraph (2) of section 9502(e) of such Code 
                is amended by striking ``October 1, 2009'' and 
                inserting ``October 1, 2012''.
          (2) Transfers to trust fund.--Subparagraph (C) of 
        section 9502(b)(1) of such Code is amended to read as 
        follows:
                  ``(C) section 4081 with respect to aviation 
                gasoline and aviation-grade kerosene, and''.
          (3) Transfers on account of certain refunds.--
                  (A) In general.--Subsection (d) of section 
                9502 of such Code is amended--
                          (i) by striking ``(other than 
                        subsection (l)(4) thereof)'' in 
                        paragraph (2), and
                          (ii) by striking ``(other than 
                        payments made by reason of paragraph 
                        (4) of section 6427(l))'' in paragraph 
                        (3).
                  (B) Conforming amendments.--
                          (i) Section 9503(b)(4) of such Code 
                        is amended by striking ``or'' at the 
                        end of subparagraph (C), by striking 
                        the period at the end of subparagraph 
                        (D) and inserting a comma, and by 
                        inserting after subparagraph (D) the 
                        following:
                  ``(E) section 4081 to the extent attributable 
                to the rate specified in clause (ii) or (iv) of 
                section 4081(a)(2)(A), or
                  ``(F) section 4041(c).''.
                          (ii) Section 9503(c) of such Code is 
                        amended by striking the last paragraph 
                        (relating to transfers from the Trust 
                        Fund for certain aviation fuel taxes).
                          (iii) Section 9502(a) of such Code is 
                        amended by striking ``, section 
                        9503(c)(7),''.
          (4) Transfers on account of aviation-grade kerosene 
        not used in aviation.--Section 9502(d) of such Code is 
        amended by adding at the end the following new 
        paragraph:
          ``(7) Transfers from airport and airway trust fund on 
        account of aviation-grade kerosene not used in 
        aviation.--The Secretary of the Treasury shall pay from 
        time to time from the Airport and Airway Trust Fund 
        into the Highway Trust Fund amounts as determined by 
        the Secretary of the Treasury equivalent to amounts 
        transferred to the Airport and Airway Trust Fund with 
        respect to aviation-grade kerosene not used in 
        aviation.''.
          (5) Expenditures for air traffic control 
        modernization.--Section 9502(d) of such Code, as 
        amended by this title, is amended by adding at the end 
        the following new paragraph:
          ``(8) Expenditures for air traffic control 
        modernization.--The following amounts may be used only 
        for making expenditures to carry out air traffic 
        control modernization:
                  ``(A) So much of the amounts appropriated 
                under subsection (b)(1)(C) as the Secretary 
                estimates are attributable to--
                          ``(i) 14.1 cents per gallon of the 
                        tax imposed at the rate specified in 
                        section 4081(a)(2)(A)(iv) in the case 
                        of aviation-grade kerosene used other 
                        than in commercial aviation (as defined 
                        in section 4083(b)), and
                          ``(ii) 4.8 cents per gallon of the 
                        tax imposed at the rate specified in 
                        section 4081(a)(2)(A)(ii) in the case 
                        of aviation gasoline used other than in 
                        commercial aviation (as so defined).
                  ``(B) Any amounts credited to the Airport and 
                Airway Trust Fund under section 9602(b) with 
                respect to amounts described in this 
                paragraph.''.
  (g) Effective Date.--
          (1) Modifications.--Except as provided in paragraph 
        (2), the amendments made by this section shall apply to 
        fuels removed, entered, or sold after December 31, 
        2009.
          (2) Extensions.--The amendments made by subsections 
        (b) and (f)(1) shall take effect on the date of the 
        enactment of this Act.
  (h) Floor Stocks Tax.--
          (1) Imposition of tax.--In the case of aviation fuel 
        which is held on January 1, 2010, by any person, there 
        is hereby imposed a floor stocks tax on aviation fuel 
        equal to--
                  (A) the tax which would have been imposed 
                before such date on such fuel had the 
                amendments made by this section been in effect 
                at all times before such date, reduced by
                  (B) the sum of--
                          (i) the tax imposed before such date 
                        on such fuel under section 4081 of the 
                        Internal Revenue Code of 1986, as in 
                        effect on such date, and
                          (ii) in the case of kerosene held 
                        exclusively for such person's own use, 
                        the amount which such person would (but 
                        for this clause) reasonably expect (as 
                        of such date) to be paid as a refund 
                        under section 6427(l) of such Code with 
                        respect to such kerosene.
          (2) Liability for tax and method of payment.--
                  (A) Liability for tax.--A person holding 
                aviation fuel on January 1, 2010, shall be 
                liable for such tax.
                  (B) Time and method of payment.--The tax 
                imposed by paragraph (1) shall be paid on April 
                30, 2010, and in such manner as the Secretary 
                of the Treasury shall prescribe.
          (3) Transfer of floor stock tax revenues to trust 
        funds.--For purposes of determining the amount 
        transferred to the Airport and Airway Trust Fund, the 
        tax imposed by this subsection shall be treated as 
        imposed by the provision of section 4081 of the 
        Internal Revenue Code of 1986 which applies with 
        respect to the aviation fuel involved.
          (4) Definitions.--For purposes of this subsection--
                  (A) Aviation fuel.--The term ``aviation 
                fuel'' means aviation-grade kerosene and 
                aviation gasoline, as such terms are used 
                within the meaning of section 4081 of the 
                Internal Revenue Code of 1986.
                  (B) Held by a person.--Aviation fuel shall be 
                considered as held by a person if title thereto 
                has passed to such person (whether or not 
                delivery to the person has been made).
                  (C) Secretary.--The term ``Secretary'' means 
                the Secretary of the Treasury or the 
                Secretary's delegate.
          (5) Exception for exempt uses.--The tax imposed by 
        paragraph (1) shall not apply to any aviation fuel held 
        by any person exclusively for any use to the extent a 
        credit or refund of the tax is allowable under the 
        Internal Revenue Code of 1986 for such use.
          (6) Exception for certain amounts of fuel.--
                  (A) In general.--No tax shall be imposed by 
                paragraph (1) on any aviation fuel held on 
                January 1, 2010, by any person if the aggregate 
                amount of such aviation fuel held by such 
                person on such date does not exceed 2,000 
                gallons. The preceding sentence shall apply 
                only if such person submits to the Secretary 
                (at the time and in the manner required by the 
                Secretary) such information as the Secretary 
                shall require for purposes of this 
                subparagraph.
                  (B) Exempt fuel.--For purposes of 
                subparagraph (A), there shall not be taken into 
                account any aviation fuel held by any person 
                which is exempt from the tax imposed by 
                paragraph (1) by reason of paragraph (6).
                  (C) Controlled groups.--For purposes of this 
                subsection--
                          (i) Corporations.--
                                  (I) In general.--All persons 
                                treated as a controlled group 
                                shall be treated as 1 person.
                                  (II) Controlled group.--The 
                                term ``controlled group'' has 
                                the meaning given to such term 
                                by subsection (a) of section 
                                1563 of such Code; except that 
                                for such purposes the phrase 
                                ``more than 50 percent'' shall 
                                be substituted for the phrase 
                                ``at least 80 percent'' each 
                                place it appears in such 
                                subsection.
                          (ii) Nonincorporated persons under 
                        common control.--Under regulations 
                        prescribed by the Secretary, principles 
                        similar to the principles of 
                        subparagraph (A) shall apply to a group 
                        of persons under common control if 1 or 
                        more of such persons is not a 
                        corporation.
          (7) Other laws applicable.--All provisions of law, 
        including penalties, applicable with respect to the 
        taxes imposed by section 4081 of such Code on the 
        aviation fuel involved shall, insofar as applicable and 
        not inconsistent with the provisions of this 
        subsection, apply with respect to the floor stock taxes 
        imposed by paragraph (1) to the same extent as if such 
        taxes were imposed by such section.

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

SEC. 1101. COMPLIANCE PROVISION.

  The budgetary effects of this Act, for purposes of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be 
determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, 
jointly submitted for printing in the Congressional Record by 
the Chairmen of the House and Senate Budget Committees, 
provided that such statement has been submitted prior to the 
vote on passage in the House acting first on this conference 
report or amendments between the Houses.

                                  
