[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.