An amendment numbered 1 printed in Part C of House Report 111-126 to make sundry changes to the legislation.
What it does: 93 changes: strikes text in 19 places, replaces text in 59 places, inserts text in 13 places, adds 2 sections
Rep. James L. Oberstar (D-MN)Description
Manager's amendment strikes the 2009 funding authorization in the base bill and makes total funding provided for FAA programs in H.R. 915 approximately $53.5 billion, including $12.3 billion for the airport improvement program, $10.1 billion for facilities and equipment, $794 million for research and development, and $30.3 billion for operations. The manager's amendment also addresses safety, the Airport Disadvantaged Business Enterprise System, and noise; in addition, the amendment makes sundry clarifying and technical changes to the bill.
What it changes
93 changes to H.R. 915 · 14 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Strikes page 6, line 18
StrikesPrinted pageRemoves page 6, line 18 of the printed bill. See that page
Original wording
Page 6, strike line 18.
Change 2: Replaces “(2)” with “(1)”
[struck: (2)][inserted: (1)]Original wording
Page 6, line 19, strike “(2)” and insert “(1)”.
Change 3: Replaces “(3)” with “(2)”
[struck: (3)][inserted: (2)]Original wording
Page 6, line 20, strike “(3)” and insert “(2)”.
Change 4: Replaces “(4)” with “(3)”
[struck: (4)][inserted: (3)]Original wording
Page 6, line 21, strike “(4)” and insert “(3)”.
Change 5: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 7, line 7, strike “2009” and insert “2010”.
Change 6: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 7, line 12, strike “2009” and insert “2010”.
Change 7: Replaces “March 31” with “September 30”
[struck: March 31][inserted: September 30]Original wording
Page 7, line 16, strike “March 31” and insert “September 30”.
Change 8: Inserts new text on page 7, line 17
InsertsPrinted pageInserted: (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under sections 48103 and 48112 of title 49, United States Code, for fiscal year 2009, $305,500,000 are hereby rescinded.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balances from funds available under such sections for fiscal years prior to fiscal year 2009, $102,000,000 are hereby rescinded.
Original wording
Page 7, after line 17, insert the following:
Change 9: Strikes page 7, line 22
StrikesPrinted pageRemoves page 7, line 22 of the printed bill. See that page
Original wording
Page 7, strike line 22.
Change 10: Replaces “(2)” with “(1)”
[struck: (2)][inserted: (1)]Original wording
Page 7, line 23, strike “(2)” and insert “(1)”.
Change 11: Replaces “(3)” with “(2)”
[struck: (3)][inserted: (2)]Original wording
Page 7, line 24, strike “(3)” and insert “(2)”.
Change 12: Replaces “(4)” with “(3)”
[struck: (4)][inserted: (3)]Original wording
Page 7, line 25, strike “(4)” and insert “(3)”.
Change 13: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 8, line 6, strike “2009” and insert “2010”.
Change 14: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 8, line 12, strike “2009” and insert “2010”.
Change 15: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 9, line 9, strike “2009” and insert “2010”.
Change 16: Strikes “$10,000,000 for fiscal year 2009,”
In H.R. 915 · Reported in House
"(e) Safety Management Systems.--Of amounts appropriated under subsection (a) and section 106(k)(1), such sums as may be necessary for each of fiscal years 2009 through 2012 may be used to advance the development and implementation of safety management systems.
"(f) Runway Incursion Reduction Programs.--Of amounts appropriated under subsection (a),
[struck: $10,000,000 for fiscal year 2009, ]$12,000,000 for fiscal year 2010, $12,000,000 for fiscal year 2011, and $12,000,000 for fiscal year 2012 may be used for the development and implementation of runway incursion reduction programs."(g) Runway Status Lights.--Of amounts appropriated under subsection (a), $50,000,000 for fiscal year 2009, $125,000,000 for fiscal year 2010, $100,000,000 for 2011, and $50,000,000 for fiscal year 2012 may be used for the acquisition and installation of runway status lights.
Original wording
Page 9, line 13, strike “$10,000,000 for fiscal year 2009,”.
Change 17: Strikes “$50,000,000 for fiscal year 2009,”
In H.R. 915 · Reported in House
"(f) Runway Incursion Reduction Programs.--Of amounts appropriated under subsection (a), $10,000,000 for fiscal year 2009, $12,000,000 for fiscal year 2010, $12,000,000 for fiscal year 2011, and $12,000,000 for fiscal year 2012 may be used for the development and implementation of runway incursion reduction programs.
"(g) Runway Status Lights.--Of amounts appropriated under subsection (a),
[struck: $50,000,000 for fiscal year 2009, ]$125,000,000 for fiscal year 2010, $100,000,000 for 2011, and $50,000,000 for fiscal year 2012 may be used for the acquisition and installation of runway status lights."(h) NextGen Systems Development Programs.--Of amounts appropriated under subsection (a), $41,400,000 for fiscal year 2009, $102,900,000 for fiscal year 2010, $104,000,000 for fiscal year 2011, and $105,300,000 for fiscal year 2012 may be used for systems development activities associated with NextGen.
Original wording
Page 9, lines 19 and 20, strike “$50,000,000 for fiscal year 2009,”.
Change 18: Strikes “$41,400,000 for fiscal year 2009,”
In H.R. 915 · Reported in House
"(g) Runway Status Lights.--Of amounts appropriated under subsection (a), $50,000,000 for fiscal year 2009, $125,000,000 for fiscal year 2010, $100,000,000 for 2011, and $50,000,000 for fiscal year 2012 may be used for the acquisition and installation of runway status lights.
"(h) NextGen Systems Development Programs.--Of amounts appropriated under subsection (a),
[struck: $41,400,000 for fiscal year 2009, ]$102,900,000 for fiscal year 2010, $104,000,000 for fiscal year 2011, and $105,300,000 for fiscal year 2012 may be used for systems development activities associated with NextGen."(i) NextGen Demonstration Programs.--Of amounts appropriated under subsection (a), $28,000,000 for fiscal year 2009, $30,000,000 for fiscal year 2010, $30,000,000 for fiscal year 2011, and $30,000,000 for fiscal year 2012 may be used for demonstration activities associated with NextGen.
Original wording
Page 10, line 1, strike “$41,400,000 for fiscal year 2009,”.
Change 19: Strikes “$28,000,000 for fiscal year 2009,”
In H.R. 915 · Reported in House
"(h) NextGen Systems Development Programs.--Of amounts appropriated under subsection (a), $41,400,000 for fiscal year 2009, $102,900,000 for fiscal year 2010, $104,000,000 for fiscal year 2011, and $105,300,000 for fiscal year 2012 may be used for systems development activities associated with NextGen.
"(i) NextGen Demonstration Programs.--Of amounts appropriated under subsection (a),
[struck: $28,000,000 for fiscal year 2009, ]$30,000,000 for fiscal year 2010, $30,000,000 for fiscal year 2011, and $30,000,000 for fiscal year 2012 may be used for demonstration activities associated with NextGen."(j) Center for Advanced Aviation System Development.--Of amounts appropriated under subsection (a), $76,000,000 for fiscal year 2009, $79,000,000 for fiscal year 2010, $79,000,000 for fiscal year 2011, and $80,800,000 for fiscal year 2012 may be used for the Center for Advanced Aviation System Development.
Original wording
Page 10, lines 6 and 7, strike “$28,000,000 for fiscal year 2009,”.
Change 20: Strikes “$76,000,000 for fiscal year 2009,”
In H.R. 915 · Reported in House
"(i) NextGen Demonstration Programs.--Of amounts appropriated under subsection (a), $28,000,000 for fiscal year 2009, $30,000,000 for fiscal year 2010, $30,000,000 for fiscal year 2011, and $30,000,000 for fiscal year 2012 may be used for demonstration activities associated with NextGen.
"(j) Center for Advanced Aviation System Development.--Of amounts appropriated under subsection (a),
[struck: $76,000,000 for fiscal year 2009, ]$79,000,000 for fiscal year 2010, $79,000,000 for fiscal year 2011, and $80,800,000 for fiscal year 2012 may be used for the Center for Advanced Aviation System Development."(k) Additional Programs.--Of amounts appropriated under subsection (a), $21,900,000 for fiscal year 2009, $22,500,000 for fiscal year 2010, $22,500,000 for fiscal year 2011, and $22,500,000 for fiscal year 2012 may be used for--
Original wording
Page 10, line 13, strike “$76,000,000 for fiscal year 2009,”.
Change 21: Strikes “$21,900,000 for fiscal year 2009,”
In H.R. 915 · Reported in House
"(j) Center for Advanced Aviation System Development.--Of amounts appropriated under subsection (a), $76,000,000 for fiscal year 2009, $79,000,000 for fiscal year 2010, $79,000,000 for fiscal year 2011, and $80,800,000 for fiscal year 2012 may be used for the Center for Advanced Aviation System Development.
"(k) Additional Programs.--Of amounts appropriated under subsection (a),
[struck: $21,900,000 for fiscal year 2009, ]$22,500,000 for fiscal year 2010, $22,500,000 for fiscal year 2011, and $22,500,000 for fiscal year 2012 may be used for--"(1) system capacity, planning, and improvement;
Original wording
Page 10, lines 18 and 19, strike “$21,900,000 for fiscal year 2009,”.
Change 22: Strikes page 11, line 6
StrikesPrinted pageRemoves page 11, line 6 of the printed bill. See that page
Original wording
Page 11, strike line 6.
Change 23: Replaces “(B)” with “(A)”
[struck: (B)][inserted: (A)]Original wording
Page 11, line 7, strike “(B)” and insert “(A)”.
Change 24: Replaces “(C)” with “(B)”
[struck: (C)][inserted: (B)]Original wording
Page 11, line 8, strike “(C)” and insert “(B)”.
Change 25: Replaces “(D)” with “(C)”
[struck: (D)][inserted: (C)]Original wording
Page 11, line 10, strike “(D)” and insert “(C)”.
Change 26: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 11, line 17, strike “2009” and insert “2010”.
Change 27: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 12, line 6, strike “2009” and insert “2010”.
Change 28: Strikes “2009,”
Struck: 2009,
Original wording
Page 12, line 15, strike “2009,”.
Change 29: Strikes page 13, line 3 through page 14, line 19
StrikesPrinted pageRemoves page 13, line 3 through page 14, line 19 of the printed bill. See that page
Original wording
Page 13, strike line 3 and all that follows through line 19 on page 14.
Change 30: Replaces “(14)” with “(13)”
[struck: (14)][inserted: (13)]Original wording
Page 14, line 20, strike “(14)” and insert “(13)”.
Change 31: Replaces “(15)” with “(14)”
[struck: (15)][inserted: (14)]Original wording
Page 16, line 12, strike “(15)” and insert “(14)”.
Change 32: Replaces “(16)” with “(15)”
[struck: (16)][inserted: (15)]Original wording
Page 18, line 6, strike “(16)” and insert “(15)”.
Change 33: Replaces “in each of fiscal years 2009 and 2010,” with “in fiscal year 2010,”
In H.R. 915 · Reported in House
"(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
[struck: each of ]fiscal[struck: years 2009 and ][inserted: 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--
Original wording
Page 20, lines 10 and 11, strike “in each of fiscal years 2009 and 2010,” and insert “in fiscal year 2010,”.
Change 34: Inserts new text on page 27, line 4
InsertsPrinted pageInserted: (o) Participation by Disadvantaged Business Enterprises.--
Inserted: (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.
Inserted: (2) Regulations.--The Secretary shall issue any regulations necessary to implement this subsection, including--
Inserted: (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;
Inserted: (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
Inserted: (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.
Inserted: (3) Effective date.--Paragraph (1) shall take effect on the day following the date on which the Secretary issues final regulations under paragraph (2).
Inserted: (4) Definitions.--In this subsection, the following definitions apply:
Inserted: (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).
Inserted: (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).
Original wording
Page 27, after line 4, insert the following
Change 35: Replaces “May 1, 2009” with “September 1, 2009”
In H.R. 915 · Reported in House
"(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
[struck: May][inserted: 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.
Original wording
Page 30, line 13, strike “May 1, 2009” and insert “September 1, 2009”.
Change 36: Strikes page 42, line 9 through page 44, line 5
StrikesPrinted pageRemoves page 42, line 9 through page 44, line 5 of the printed bill. See that page
Original wording
Page 42, strike line 9 and all that follows through line 5 on page 44
Change 37: Replaces “1632” with “632”
In H.R. 915 · Reported in House
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.
[struck: 1632][inserted: 632])) owned and controlled by disabled veterans.".SEC. 138. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
Original wording
Page 44, line 15, strike “1632” and insert “632”.
Change 38: Rewrites page 44, line 17 through page 45, line 14
ReplacesPrinted pageRemoves page 44, line 17 through page 45, line 14 of the printed bill. See that page
Inserted: (G) professional support organizations and informal networks through which business opportunities are often established.
Inserted: (5) Congress has received voluminous evidence of discrimination against minority and women business owners in airport-related industries, including--
Inserted: (A) statistical analyses demonstrating significant disparities in the utilization of minority- and women-owned businesses in federally and locally funded airport related contracting;
Inserted: (B) statistical analyses of private sector disparities in business success by minority- and women-owned businesses in airport related industries;
Inserted: (C) research compiling anecdotal reports of discrimination by individual minority and women business owners;
Inserted: (D) individual reports of discrimination by minority and women business owners and the organizations and individuals who represent minority and women business owners;
Inserted: (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;
Inserted: (F) statistical analyses showing significant disparities in the credit available to minority- and women-owned businesses;
Inserted: (G) research and statistical analyses demonstrating how discrimination negatively impacts firm formation, growth, and success;
Inserted: (H) experience of airports and other localities demonstrating that race- and gender-neutral efforts alone are insufficient to remedy discrimination; and
Inserted: (I) other qualitative and quantitative evidence of discrimination against minority- and women-owned businesses in airport-related industries.
Inserted: (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.
Show 11 more inserted paragraphsShow less
Inserted: (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.
Inserted: (c) Disadvantaged Business Enterprise Personal Net Worth Cap; Bonding Requirements.--Section 47113 is amended by adding at the end the following:
Inserted: "(e) Personal Net Worth Cap.--
Inserted: "(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.
Inserted: "(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.
Inserted: "(f) Exclusion of Retirement Benefits.--
Inserted: "(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.
Inserted: "(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.
Inserted: "(g) Prohibition on Excessive or Discriminatory Bonding Requirements.--
Inserted: "(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.
Inserted: "(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).".
Original wording
Page 44, strike line 17 and all that follows through line 14 on page 45 and insert the following
Change 39: Inserts new text on page 45, line 14
InsertsPrinted pageInserted: (1) in subsection (b) by striking "Secretary" and inserting "Secretary of Transportation"; and
Inserted: (2) by adding at the end the following:
Inserted: "(h) Mandatory Training Program.--
Inserted: "(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).
Inserted: "(2) Implementation.--The training program may be implemented by one or more private entities approved by the Secretary.
Inserted: "(3) Participants.--A person referred to in paragraph (1) is an official or agent of an airport sponsor--
Inserted: "(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
Inserted: "(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).
Inserted: "(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.".
Inserted: (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).
Original wording
Page 45, after line 14, insert the following
Change 40: Replaces “inserting,” with “inserting”
In H.R. 915 · Reported in House
SEC. 142. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115(j) is amended by striking "fiscal years 2004 through 2008, and for the portion of fiscal year 2009 ending before April 1, 2009," and inserting
[struck: ,]"fiscal years 2008 through 2012,".SEC. 143. USE OF APPORTIONED AMOUNTS.
Original wording
Page 48, line 1, strike “inserting,” and insert “inserting”.
Change 41: Replaces “2008” with “2010”
[struck: 2008][inserted: 2010]Original wording
Page 48, line 2, strike “2008” and insert “2010”.
Change 42: Replaces “March 31” with “September 30”
[struck: March 31][inserted: September 30]Original wording
Page 53, line 6, strike “March 31” and insert “September 30”.
Change 43: Replaces “for fiscal years ending before October 1, 2008, and for the portion of fiscal year 2009 e…” with “October 1, 2009,”
In H.R. 915 · Reported in House
SEC. 150. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by striking "
[struck: for fiscal years ending before ]October 1,[struck: 2008, and for the portion of fiscal year ]2009[struck: ending before April 1, 2009,][inserted: ,]" and inserting "October 1, 2012,".SEC. 151. PUERTO RICO MINIMUM GUARANTEE.
Original wording
Page 53, lines 15 through 17, strike “for fiscal years ending before October 1, 2008, and for the portion of fiscal year 2009 ending before April 1, 2009,” and insert “October 1, 2009,”.
Change 44: Strikes “and”
Struck: and
Original wording
Page 76, line 12, strike “and” at the end.
Change 45: Inserts new text on page 76, line 12
InsertsPrinted pageInserted: (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
Original wording
Page 76, after line 12, insert the following:
Change 46: Replaces “(C)” with “(D)”
[struck: (C)][inserted: (D)]Original wording
Page 76, line 13, strike “(C)” and insert “(D)”.
Change 47: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 88, line 11, strike “2009” and insert “2010”.
Change 48: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 94, line 22, strike “2009” and insert “2010”.
Change 49: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 96, line 7, strike “2009” and insert “2010”.
Change 50: Strikes “$14,500,000 for fiscal year 2009 and”
In H.R. 915 · Reported in House
(4) Several new runways planned for the period of fiscal years 2009 to 2012 will not provide estimated capacity benefits without additional funds.
(b) Authorization of Appropriations.--In addition to amounts authorized by section 106(k) of title 49, United States Code, there are authorized to be appropriated to the Administrator of the Federal Aviation Administration
[struck: $14,500,000 for fiscal year 2009 and ]$20,000,000 for each of fiscal years 2010, 2011, and 2012 to carry out such airspace redesign initiatives as the Administrator determines appropriate.(c) Additional Amounts.--Of the amounts appropriated under section 48101(a) of such title, the Administrator may use $5,000,000 for each of fiscal years 2009, 2010, 2011, and 2012 to carry out such airspace redesign initiatives as the Administrator determines appropriate.
Original wording
Page 96, line 13, strike “$14,500,000 for fiscal year 2009 and”.
Change 51: Strikes “2009,”
Struck: 2009,
Original wording
Page 96, line 19, strike “2009,”.
Change 52: Inserts “(a) In General.--” before “Not later than”
…[inserted: (a) In General.-- ]Not later than…
Original wording
Page 99, line 16, insert “(a) In General.--” before “Not later than”.
Change 53: Strikes “and”
Struck: and
Original wording
Page 99, line 25, strike “and” at the end.
Change 54: Inserts new text on page 100, line 9
InsertsPrinted pageInserted: (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.
Inserted: (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
Original wording
Page 100, after line 9, insert the following:
Change 55: Adds Sec. 44732. Helicopter air ambulance operations on page 115, line 7
Adds a sectionPrinted pageInserted: Sec. 44732. Helicopter air ambulance operations
Inserted: (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.
Inserted: (b) Matters to Be Addressed.--In conducting the rulemaking proceeding under subsection (a), the Administrator shall address the following:
Inserted: (1) Flight request and dispatch procedures, including performance-based flight dispatch procedures.
Inserted: (2) Pilot training standards, including--
Inserted: (A) mandatory training requirements, including a minimum time for completing the training requirements;
Inserted: (B) training subject areas, such as communications procedures and appropriate technology use;
Inserted: (C) establishment of training standards in--
Inserted: (i) crew resource management;
Inserted: (ii) flight risk evaluation;
Inserted: (iii) preventing controlled flight into terrain;
Inserted: (iv) recovery from inadvertent flight into instrument meteorological conditions;
Show 72 more inserted paragraphsShow less
Inserted: (v) operational control of the pilot in command; and
Inserted: (vi) use of flight simulation training devices and line oriented flight training.
Inserted: (3) Safety-enhancing technology and equipment, including--
Inserted: (A) helicopter terrain awareness and warning systems;
Inserted: (B) radar altimeters;
Inserted: (C) devices that perform the function of flight data recorders and cockpit voice recorders, to the extent feasible; and
Inserted: (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.
Inserted: (4) Such other matters as the Administrator considers appropriate.
Inserted: (c) Minimum Requirements.--In issuing a final rule under subsection (a), the Administrator, at a minimum, shall provide for the following:
Inserted: (1) Flight risk evaluation program.--The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services--
Inserted: (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;
Inserted: (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
Inserted: (C) requires the pilots of the certificate holder to use the checklist.
Inserted: (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.
Inserted: (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.
Inserted: (d) Deadlines.--The Administrator shall--
Inserted: (1) not later than 180 days after the date of enactment of this section, issue a notice of proposed rulemaking under subsection (a); and
Inserted: (2) not later than 16 months after the close of the comment period on the proposed rule, issue a final rule.
Inserted: (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.
Inserted: Sec. 44733. Collection of data on helicopter air ambulance operations
Inserted: (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:
Inserted: (1) The number of helicopters that the certificate holder uses to provide helicopter air ambulance services and the base locations of the helicopters.
Inserted: (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.
Inserted: (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).
Inserted: (4) The number of accidents involving helicopters operated by the certificate holder while providing helicopter air ambulance services and a description of the accidents.
Inserted: (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.
Inserted: (6) The time of day of each flight flown by helicopters operated by the certificate holder while providing helicopter air ambulance services.
Inserted: (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.
Inserted: (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.
Inserted: (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).
Inserted: (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.
Inserted: (b) Clerical Amendment.--The analysis for chapter 447 (as amended by this Act) is further amended by adding at the end the following:
Inserted: "Sec. 44732. Helicopter air ambulance operations.
Inserted: "Sec. 44733. Collection of data on helicopter air ambulance operations.".
Inserted: SEC. 313. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE NIGHT VISION GOGGLES.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: SEC. 314. STUDY OF HELICOPTER AND FIXED WING AIR AMBULANCE SERVICES.
Inserted: (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.
Inserted: (b) Required Information.--In conducting the study, the Comptroller General shall obtain detailed information on the following aspects of the air ambulance industry:
Inserted: (1) A review of the industry, for part 135 certificate holders and indirect carriers providing helicopter and fixed-wing air ambulance services, including--
Inserted: (A) a listing of the number, size, and location of helicopter and fixed-wing aircraft and their flight bases;
Inserted: (B) affiliations of certificate holders and indirect carriers with hospitals, governments, and other entities;
Inserted: (C) coordination of air ambulance services, with each other, State and local emergency medical services systems, referring entities, and receiving hospitals;
Inserted: (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
Inserted: (E) a survey of business models for air ambulance operations, including expenses, structure, and sources of income.
Inserted: (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--
Inserted: (A) the practices that emergency and medical officials use to request an air ambulance;
Inserted: (B) information on whether economic or other nonmedical factors lead to air ambulance transport when it is not medically needed, appropriate, or safe; and
Inserted: (C) the cause, occurrence, and extent of delays in air ambulance transport.
Inserted: (3) Economic and medical issues relating to the air ambulance industry, including--
Inserted: (A) licensing;
Inserted: (B) certificates of need;
Inserted: (C) public convenience and necessity requirements;
Inserted: (D) assignment of geographic coverage areas;
Inserted: (E) accreditation requirements;
Inserted: (F) compliance with dispatch procedures; and
Inserted: (G) requirements for medical equipment and personnel onboard the aircraft.
Inserted: (4) Such other matters as the Comptroller General considers relevant to the purpose of the study.
Inserted: (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--
Inserted: (1) the relationship between State regulation and Federal preemption of rates, routes, and services of air ambulances;
Inserted: (2) the extent to which Federal law may impact existing State regulation of air ambulances and the potential effect of greater State regulation--
Inserted: (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;
Inserted: (B) on the quality of patient care and outcomes; and
Inserted: (C) on competition and safety; and
Inserted: (3) whether systemic or other problems exist on a statewide, regional, or national basis with the current system governing air ambulances.
Inserted: (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.
Inserted: (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--
Inserted: (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
Inserted: (2) includes recommendations for legislative change, if appropriate.
Inserted: (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.
Original wording
Page 115, after line 7, insert the following
Change 56: Rewrites page 121, line 2 through page 125, line 15
ReplacesPrinted pageRemoves page 121, line 2 through page 125, line 15 of the printed bill. See that page
Inserted: (s) Aviation Safety Whistleblower Investigation Office.--
Inserted: (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').
Inserted: (2) Director.--
Inserted: (A) Appointment.--The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation.
Inserted: (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.
Inserted: (C) Qualifications.--The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation.
Inserted: (D) Term.--The Director shall be appointed for a term of 5 years.
Inserted: (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.
Inserted: (3) Complaints and investigations.--
Inserted: (A) Authority of director.--The Director shall--
Inserted: (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;
Inserted: (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
Show 22 more inserted paragraphsShow less
Inserted: (iii) based on findings of the assessment conducted under clause (ii), make recommendations to the Secretary and Administrator in writing for--
Inserted: (I) further investigation by the Office, the Inspector General of the Department of Transportation, or other appropriate investigative body; or
Inserted: (II) corrective actions.
Inserted: (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--
Inserted: (i) the individual consents to the disclosure in writing; or
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (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).
Inserted: (4) Responses to recommendations.--The Administrator shall--
Inserted: (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
Inserted: (B) ensure that the findings of all referrals for further investigation or corrective actions taken are reported to the Director.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (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.
Inserted: (9) Annual reports to congress.--Not later than October 1 of each year, the Director shall submit to Congress a public report containing--
Inserted: (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;
Inserted: (B) summaries of those submissions;
Inserted: (C) summaries of further investigations, corrective actions recommended, and referrals in response to the submissions; and
Inserted: (D) summaries of the responses of the Administrator to such recommendations; and
Inserted: (E) an evaluation of personnel and resources necessary to effectively support the mandate of the Office.
Original wording
Page 121, strike line 2 and all that follows through line 15 on page 125 and insert the following
Change 57: Inserts “, including at least one employee selected by the exclusive bargaining representative for…” after “Agency”
…Agency[inserted: , including at least one employee selected by the exclusive bargaining representative for aviation safety inspectors,]…
Original wording
Page 130, line 17, after “Agency” insert “, including at least one employee selected by the exclusive bargaining representative for aviation safety inspectors,”.
Change 58: Replaces “GAO” with “Inspector General”
[struck: GAO][inserted: Inspector General]Original wording
Page 132, line 21, strike “GAO” and insert “Inspector General”.
Change 59: Replaces “Comptroller General” with “Inspector General of the Department of Transportation”
[struck: Comptroller General][inserted: Inspector General of the Department of Transportation]Original wording
Page 132, line 22, strike “Comptroller General” and insert “Inspector General of the Department of Transportation”.
Change 60: Replaces “Comptroller General” with “Inspector General”
[struck: Comptroller General][inserted: Inspector General]Original wording
Page 133, line 2, strike “Comptroller General” and insert “Inspector General”.
Change 61: Replaces “Comptroller General” with “Inspector General”
[struck: Comptroller General][inserted: Inspector General]Original wording
Page 134, lines 6 and 7, strike “Comptroller General” and insert “Inspector General”.
Change 62: Inserts new text on page 134, line 13
InsertsPrinted pageInserted: (1) in the section heading by striking "SCHEDULED" and inserting "PASSENGER"; and
Inserted: (2) by striking subsections (a) and (b) and inserting the following:
Inserted: "(a) Smoking Prohibition in Intrastate and Interstate Transportation by Aircraft.--An individual may not smoke in an aircraft --
Inserted: "(1) in scheduled passenger interstate air transportation or scheduled passenger intrastate air transportation; and
Inserted: "(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).
Inserted: "(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--
Inserted: "(1) in scheduled passenger foreign air transportation; and
Inserted: "(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).".
Inserted: (b) Clerical Amendment.--The analysis for chapter 417 is amended by striking the item relating to section 41706 and inserting the following:
Inserted: "41706. Prohibitions against smoking on flights.".
Original wording
Page 134, after line 13, insert the following
Change 63: Replaces “Secretary” with “Secretary of Transportation”
[struck: Secretary][inserted: Secretary of Transportation]Original wording
Page 147, line 3, strike “Secretary” and insert “Secretary of Transportation”.
Change 64: Replaces “April 1, 2009” with “October 1, 2009”
[struck: April 1, 2009][inserted: October 1, 2009]Original wording
Page 148, lines 19 and 20, strike “April 1, 2009” and insert “October 1, 2009”.
Change 65: Rewrites page 150, lines 1–10
ReplacesPrinted pageRemoves page 150, lines 1–10 of the printed bill. See that page
Inserted: (1) Section 47124(b)(3)(E) is amended to read as follows:
Inserted: "(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.".
Original wording
Page 150, strike lines 1 through 10 and insert the following:
Change 66: Adds Sec. 41725. Musical instruments on page 174, line 4
Adds a sectionPrinted pageInserted: Sec. 41725. Musical instruments
Inserted: (a) In General.--
Inserted: (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--
Inserted: (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
Inserted: (B) there is space for such stowage on the aircraft.
Inserted: (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--
Inserted: (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
Inserted: (B) the passenger wishing to carry the instrument in the aircraft cabin has purchased a seat to accommodate the instrument.
Inserted: (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--
Inserted: (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;
Inserted: (B) the weight of the instrument does not exceed 165 pounds and the weight restrictions for that aircraft; and
Inserted: (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.
Show 5 more inserted paragraphsShow less
Inserted: (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.
Inserted: (b) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to implement subsection (a).
Inserted: (b) Clerical Amendment.--The analysis for such subchapter is amended by adding at the end the following:
Inserted: "41725. Musical instruments.".
Inserted: (c) Effective Date.--The amendments made by this section shall take effect 30 days after the date of enactment of this Act.
Original wording
Page 174, after line 4, insert the following
Change 67: Inserts new text on page 183, line 21
InsertsPrinted pageOriginal wording
Page 183, after line 21, insert the following
Change 68: Strikes page 186, line 6
StrikesPrinted pageRemoves page 186, line 6 of the printed bill. See that page
Original wording
Page 186, strike line 6.
Change 69: Replaces “(2)” with “(1)”
[struck: (2)][inserted: (1)]Original wording
Page 186, line 7, strike “(2)” and insert “(1)”.
Change 70: Replaces “(3)” with “(2)”
[struck: (3)][inserted: (2)]Original wording
Page 186, line 8, strike “(3)” and insert “(2)”.
Change 71: Replaces “(4)” with “(3)”
[struck: (4)][inserted: (3)]Original wording
Page 186, line 9, strike “(4)” and insert “(3)”.
Change 72: Rewrites page 196, line 23 through page 197, line 6
ReplacesPrinted pageRemoves page 196, line 23 through page 197, line 6 of the printed bill. See that page
Inserted: (2) detecting and recording oil-based contaminants in the bleed air fraction of the total air supplied to the passenger cabin and flight deck.
Inserted: (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.
Inserted: (d) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section.
Original wording
Page 196, strike line 23 and all that follows through line 6 on page 197 and insert the following
Change 73: Strikes “proposed”
Struck: proposed
Original wording
Page 197, line 9, strike “proposed”.
Change 74: Inserts new text on page 198, line 25
InsertsPrinted pageOriginal wording
Page 198, after line 25, insert the following
Change 75: Inserts new text on page 206, line 6
InsertsPrinted pageOriginal wording
Page 206, after line 6, insert the following
Change 76: Strikes page 207, line 21 through page 208, line 3
StrikesPrinted pageRemoves page 207, line 21 through page 208, line 3 of the printed bill. See that page
Original wording
Page 207, strike line 21 and all that follows through line 3 on page 208
Change 77: Replaces “March 31” with “September 30”
[struck: March 31][inserted: September 30]Original wording
Page 223, line 24, strike “March 31” and insert “September 30”.
Change 78: Replaces “May 31” with “December 31”
[struck: May 31][inserted: December 31]Original wording
Page 224, line 1, strike “May 31” and insert “December 31”.
Change 79: Replaces “May 31” with “December 31”
[struck: May 31][inserted: December 31]Original wording
Page 225, line 16, strike “May 31” and insert “December 31”.
Change 80: Rewrites page 236, lines 19–20
ReplacesPrinted pageRemoves page 236, lines 19–20 of the printed bill. See that page
Inserted: (h) Definitions.--In this section, the following definitions apply:
Inserted: (1) FAA.--The term "FAA" means the Federal Aviation Administration.
Inserted: (2) Realignment; consolidation.--
Inserted: (A) In general.--The terms "realignment" and "consolidation" include any action that--
Inserted: (i) relocates functions, services, or personnel positions;
Inserted: (ii) severs existing facility functions or services; or
Inserted: (iii) any combination thereof.
Inserted: (B) Exclusion.--The term does not include a reduction in personnel resulting from workload adjustments.
Original wording
Page 236, strike lines 19 and 20 and insert the following:
Change 81: Replaces “flight crew members” with “pilots and flight attendants”
In H.R. 915 · Reported in House
SEC. 825. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO AIRCRAFT.
(a) Study.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in consultation with appropriate air carriers, aircraft manufacturers, and air carrier labor representatives, shall conduct a study to identify a physical means, or a combination of physical and procedural means, of limiting access to the flight decks of all-cargo aircraft to authorized
[struck: flight crew members][inserted: pilots and flight attendants].(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.
Original wording
Page 243, lines 15 and 16, strike “flight crew members” and insert “pilots and flight attendants”.
Change 82: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 243, line 22, strike “2009” and insert “2010”.
Change 83: Replaces “temperature” with “temperature and humidity”
[struck: temperature][inserted: temperature and humidity]Original wording
Page 254, line 1, strike “temperature” and insert “temperature and humidity”
Change 84: Inserts “and humidity” before “onboard”
…[inserted: and humidity ]onboard…
Original wording
Page 254, line 8, insert “and humidity” before “onboard”.
Change 85: Replaces “temperatures” with “temperature and humidity”
In H.R. 915 · Reported in House
(b) Temperature Review.--In conducting the study under subsection (a), the Administrator shall--
(1) survey onboard cabin and cockpit
[struck: temperatures ][inserted: 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 develop a system for the reporting of excessive temperature onboard passenger aircraft by cockpit and cabin crew members; and
Original wording
Page 254, lines 13 and 14, strike “temperatures” and insert “temperature and humidity”.
Change 86: Replaces “temperature” with “temperature and humidity”
[struck: temperature][inserted: temperature and humidity]Original wording
Page 254, line 19, strike “temperature” and insert “temperature and humidity”.
Change 87: Replaces “temperature” with “temperature and humidity”
[struck: temperature][inserted: temperature and humidity]Original wording
Page 254, line 20, strike “temperature” and insert “temperature and humidity”.
Change 88: Replaces “temperature” with “temperature and humidity”
[struck: temperature][inserted: temperature and humidity]Original wording
Page 254, line 23, strike “temperature” and insert “temperature and humidity”.
Change 89: Inserts new text on page 259, line 22
InsertsPrinted pageOriginal wording
Page 259, after line 22, insert the following
Change 90: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 261, line 24, strike “2009” and insert “2010”.
Change 91: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 266, line 19, strike “2009” and insert “2010”.
Change 92: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 267, line 18, strike “2009” and insert “2010”.
Change 93: Replaces “2009” with “2010”
[struck: 2009][inserted: 2010]Original wording
Page 270, line 14, strike “2009” and insert “2010”.
Shown as written
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: 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:
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly.
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: SEC. 138. 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
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: SEC. 139. TRAINING PROGRAM FOR CERTIFICATION OF DISADVANTAGED BUSINESS ENTERPRISES. (a) Mandatory Training Program.--Section 47113 (as amended by this Act) is further amended--
Page 47, line 23 through page 48, line 1, strike “fiscal years 2004 through 2008, and for the portion of fiscal year 2009 ending before April 1, 2009,” and insert “fiscal years 2004 through 2009,”.
Page 100, line 9, strike the first period and all that follows through the final period and insert “; and”.
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: SEC. 312. 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:
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: SEC. 331. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE. Section 106 is amended by adding at the end the following:
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: SEC. 401. SMOKING PROHIBITION. (a) In General.--Section 41706 is amended--
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: SEC. 426. 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:
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: SEC. 505. 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).”.
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: SEC. 511. 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
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: SEC. 515. 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.
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: 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;”.
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly.
(and conform the table of contents accordingly).
(with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly: SEC. 826. 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. 827. 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. 828. 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.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
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(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.
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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).”.
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Page 44, strike line 17 and all that follows through line 14 on page 45 and insert the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:
SEC. 138. 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).”.
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SEC. 139. 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).
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(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
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“(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.”.
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SEC. 312. 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. 313. 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. 314. 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.
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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; and
“(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.”.
Page 130, line 17, after “Agency” insert “, including at least one employee selected by the exclusive bargaining representative for aviation safety inspectors,”.
Page 132, line 21, strike “GAO” and insert “Inspector General”.
Page 132, line 22, strike “Comptroller General” and insert “Inspector General of the Department of Transportation”.
Page 133, line 2, strike “Comptroller General” and insert “Inspector General”.
Page 134, lines 6 and 7, strike “Comptroller General” and insert “Inspector General”.
Page 134, after line 13, insert the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:
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.”.
Page 147, line 3, strike “Secretary” and insert “Secretary of Transportation”.
Page 148, lines 19 and 20, strike “April 1, 2009” and insert “October 1, 2009”.
Page 150, strike lines 1 through 10 and insert the following:
(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.”.
Page 174, after line 4, insert the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:
SEC. 426. 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.
Page 183, after line 21, insert the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:
SEC. 505. 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).”.
Page 186, strike line 6.
Page 186, line 7, strike “(2)” and insert “(1)”.
Page 186, line 8, strike “(3)” and insert “(2)”.
Page 186, line 9, strike “(4)” and insert “(3)”.
Page 196, strike line 23 and all that follows through line 6 on page 197 and insert the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:
SEC. 511. 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.
Page 197, line 9, strike “proposed”.
Page 198, after line 25, insert the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:
SEC. 515. 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.
Page 206, after line 6, insert the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:
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;”.
Page 207, strike line 21 and all that follows through line 3 on page 208 (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly.
Page 223, line 24, strike “March 31” and insert “September 30”.
Page 224, line 1, strike “May 31” and insert “December 31”.
Page 225, line 16, strike “May 31” and insert “December 31”.
Page 236, strike lines 19 and 20 and insert the following:
(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.
Page 243, lines 15 and 16, strike “flight crew members” and insert “pilots and flight attendants”.
Page 243, line 22, strike “2009” and insert “2010”.
Page 254, line 1, strike “temperature” and insert “temperature and humidity” (and conform the table of contents accordingly).
Page 254, line 8, insert “and humidity” before “onboard”.
Page 254, lines 13 and 14, strike “temperatures” and insert “temperature and humidity”.
Page 254, line 19, strike “temperature” and insert “temperature and humidity”.
Page 254, line 20, strike “temperature” and insert “temperature and humidity”.
Page 254, line 23, strike “temperature” and insert “temperature and humidity”.
Page 259, after line 22, insert the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:
SEC. 826. 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. 827. 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. 828. 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.
Page 261, line 24, strike “2009” and insert “2010”.
Page 266, line 19, strike “2009” and insert “2010”.
Page 267, line 18, strike “2009” and insert “2010”.
Page 270, line 14, strike “2009” and insert “2010”.
Legislative Activity
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House amendment offered
May 21, 2009
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House amendment offered
May 21, 2009
House amendment agreed to: On agreeing to the Oberstar amendment (A001) Agreed to by voice vote.
May 21, 2009 • 3:28 PM
Amendment agreed to Committee of the Whole
May 21, 2009 • 3:28 PM
House amendment offered/reported by : Amendment (A001) offered by Mr. Oberstar.(consideration: CR H5959-5966; text: CR H5959-5965)
May 21, 2009 • 3:07 PM
Amendment (A001) offered by Mr. Oberstar. (consideration: CR H5959-5966; text: CR H5959-5965)
May 21, 2009 • 3:07 PM
On agreeing to the Oberstar amendment (A001) Agreed to by voice vote.
May 21, 2009 • 3:28 PM