In the nature of a substitute

SA 3452. Mr. ROCKEFELLER proposed an amendment to the bill H.R. 1586,
to impose an additional tax on bonuses received from certain TARP
recipients; as follows:

Strike out all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

TITLE I--AUTHORIZATIONS

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

TITLE II--AIRPORT IMPROVEMENTS

Sec. 201. Reform of passenger facility charge authority.
Sec. 202. Passenger facility charge pilot program.
Sec. 203. Amendments to grant assurances.
Sec. 204. Government share of project costs.
Sec. 205. Amendments to allowable costs.
Sec. 206. Sale of private airport to public sponsor.
Sec. 207. Government share of certain air project costs.
Sec. 208. Miscellaneous amendments.
Sec. 209. State block grant program.
Sec. 210. Airport funding of special studies or reviews.
Sec. 211. Grant eligibility for assessment of flight procedures.
Sec. 212. Safety-critical airports.
Sec. 213. Environmental mitigation demonstration pilot program.
Sec. 214. Allowable project costs for airport development program.
Sec. 215. Glycol recovery vehicles.
Sec. 216. Research improvement for aircraft.
Sec. 217. United States Territory minimum guarantee.
Sec. 218. Merrill Field Airport, Anchorage, Alaska.

TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM

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

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

SUBTITLE A--CONSUMER PROTECTION

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

SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

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

SUBTITLE C--MISCELLANEOUS

Sec. 431. Clarification of air carrier fee disputes.
Sec. 432. Contract tower program.
Sec. 433. Airfares for members of the Armed Forces.

TITLE V--SAFETY

SUBTITLE A--AVIATION SAFETY

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

SUBTITLE B--FLIGHT SAFETY

Sec. 551. FAA pilot records database.
Sec. 552. Air carrier safety management systems.
Sec. 553. Secretary of Transportation responses to safety
recommendations.
Sec. 554. Improved Flight Operational Quality Assurance, Aviation
Safety Action, and Line Operational Safety Audit
programs.
Sec. 555. Re-evaluation of flight crew training, testing, and
certification requirements.
Sec. 556. Flightcrew member mentoring, professional development, and
leadership.
Sec. 557. Flightcrew member screening and qualifications.
Sec. 558. Prohibition on personal use of certain devices on flight
deck.
Sec. 559. Safety inspections of regional air carriers.
Sec. 560. Establishment of safety standards with respect to the
training, hiring, and operation of aircraft by pilots.

[[Page S1370]]

Sec. 561. Oversight of pilot training schools.
Sec. 562. Enhanced training for flight attendants and gate agents.
Sec. 563. Definitions.

TITLE VI--AVIATION RESEARCH

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

TITLE VII--MISCELLANEOUS

Sec. 701. General authority.
Sec. 702. Human intervention management study.
Sec. 703. Airport program modifications.
Sec. 704. Miscellaneous program extensions.
Sec. 705. Extension of competitive access reports.
Sec. 706. Update on overflights.
Sec. 707. Technical corrections.
Sec. 708. FAA technical training and staffing.
Sec. 709. Commercial air tour operators in national parks.
Sec. 710. Phaseout of Stage 1 and 2 aircraft.
Sec. 711. Weight restrictions at Teterboro Airport.
Sec. 712. Pilot program for redevelopment of airport properties.
Sec. 713. Transporting musical instruments.
Sec. 714. Recycling plans for airports.
Sec. 715. Disadvantaged Business Enterprise Program adjustments.
Sec. 716. Front line manager staffing.
Sec. 717. Study of helicopter and fixed wing air ambulance services.
Sec. 718. Repeal of certain limitations on Metropolitan Washington
Airports Authority.
Sec. 719. Study of aeronautical mobile telemetry.
Sec. 720. Flightcrew member pairing and crew resource management
techniques.
Sec. 721. Consolidation or elimination of obsolete, redundant, or
otherwise unnecessary reports; use of electronic media
format.
Sec. 722. Line check evaluations.

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

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

TITLE IX--BUDGETARY EFFECTS

Sec. 901. Budgetary effects.

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

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

SEC. 3. EFFECTIVE DATE.

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

TITLE I--AUTHORIZATIONS

SEC. 101. OPERATIONS.

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

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

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

SEC. 103. RESEARCH AND DEVELOPMENT.

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

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

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

SEC. 105. OTHER AVIATION PROGRAMS.

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

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

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

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

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

``Sec. 48105. Airport programs administrative expenses

``Of the amount made available under section 48103 of this
title, the following may be available for administrative
expenses relating to the Airport Improvement Program,
passenger facility charge approval and oversight, national
airport system planning, airport standards development and
enforcement, airport certification, airport-related
environmental activities (including legal services), and
other airport-related activities (including airport
technology research), to remain available until expended--
``(1) for fiscal year 2010, $94,000,000; and
``(2) for fiscal year 2011, $98,000,000.''.
(b) Conforming Amendment.--The table of contents for
chapter 481 is amended by striking the item relating to
section 48105 and inserting the following:

``48105. Airport programs administrative expenses''.

TITLE II--AIRPORT IMPROVEMENTS

SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AUTHORITY.

(a) Passenger Facility Charge Streamlining.--Section
40117(c) is amended to read as follows:
``(c) Procedural Requirements for Imposition of Passenger
Facility Charge.--
``(1) In general.--An eligible agency must submit to those
air carriers and foreign air carriers operating at the
airport with a significant business interest, as defined in
paragraph (3), and to the Secretary and make available to the
public annually a report, in the form required by the
Secretary, on the status of the eligible agency's passenger
facility charge program, including--

[[Page S1371]]

``(A) the total amount of program revenue held by the
agency at the beginning of the 12 months covered by the
report;
``(B) the total amount of program revenue collected by the
agency during the period covered by the report;
``(C) the amount of expenditures with program revenue made
by the agency on each eligible airport-related project during
the period covered by the report;
``(D) each airport-related project for which the agency
plans to collect and use program revenue during the next 12-
month period covered by the report, including the amount of
revenue projected to be used for such project;
``(E) the level of program revenue the agency plans to
collect during the next 12-month period covered by the
report;
``(F) a description of the notice and consultation process
with air carriers and foreign air carriers under paragraph
(3), and with the public under paragraph (4), including a
copy of any adverse comments received and how the agency
responded; and
``(G) any other information on the program that the
Secretary may require.
``(2) Implementation.--Subject to the requirements of
paragraphs (3), (4), (5), and (6), the eligible agency may
implement the planned collection and use of passenger
facility charges in accordance with its report upon filing
the report as required in paragraph (1).
``(3) Consultation with carriers for new projects.--
``(A) An eligible agency proposing to collect or use
passenger facility charge revenue for a project not
previously approved by the Secretary or not included in a
report required by paragraph (1) that was submitted in a
prior year shall provide to air carriers and foreign air
carriers operating at the airport reasonable notice, and an
opportunity to comment on the planned collection and use of
program revenue before providing the report required under
paragraph (1). The Secretary shall prescribe by regulation
what constitutes reasonable notice under this paragraph,
which shall at a minimum include--
``(i) that the eligible agency provide to air carriers and
foreign air carriers operating at the airport written notice
of the planned collection and use of passenger facility
charge revenue;
``(ii) that the notice include a full description and
justification for a proposed project;
``(iii) that the notice include a detailed financial plan
for the proposed project; and
``(iv) that the notice include the proposed level for the
passenger facility charge.
``(B) An eligible agency providing notice and an
opportunity for comment shall be deemed to have satisfied the
requirements of this paragraph if the eligible agency
provides such notice to air carriers and foreign air carriers
that have a significant business interest at the airport. For
purposes of this subparagraph, the term `significant business
interest' means an air carrier or foreign air carrier that--
``(i) had not less than 1.0 percent of passenger boardings
at the airport in the prior calendar year;
``(ii) had at least 25,000 passenger boardings at the
airport in the prior calendar year; or
``(iii) provides scheduled service at the airport.
``(C) Not later than 45 days after written notice is
provided under subparagraph (A), each air carrier and foreign
air carrier may provide written comments to the eligible
agency indicating its agreement or disagreement with the
project or, if applicable, the proposed level for a passenger
facility charge.
``(D) The eligible agency may include, as part of the
notice and comment process, a consultation meeting to discuss
the proposed project or, if applicable, the proposed level
for a passenger facility charge. If the agency provides a
consultation meeting, the written comments specified in
subparagraph (C) shall be due not later than 30 days after
the meeting.
``(4) Public notice and comment.--
``(A) An eligible agency proposing to collect or use
passenger facility charge revenue for a project not
previously approved by the Secretary or not included in a
report required by paragraph (1) that was filed in a prior
year shall provide reasonable notice and an opportunity for
public comment on the planned collection and use of program
revenue before providing the report required in paragraph
(1).
``(B) The Secretary shall prescribe by regulation what
constitutes reasonable notice under this paragraph, which
shall at a minimum require--
``(i) that the eligible agency provide public notice of
intent to collect a passenger facility charge so as to inform
those interested persons and agencies that may be affected;
``(ii) appropriate methods of publication, which may
include notice in local newspapers of general circulation or
other local media, or posting of the notice on the agency's
Internet website; and
``(iii) submission of public comments no later than 45 days
after the date of the publication of the notice.
``(5) Objections.--
``(A) Any interested person may file with the Secretary a
written objection to a proposed project included in a notice
under this paragraph provided that the filing is made within
30 days after submission of the report specified in paragraph
(1).
``(B) The Secretary shall provide not less than 30 days for
the eligible agency to respond to any filed objection.
``(C) Not later than 90 days after receiving the eligible
agency's response to a filed objection, the Secretary shall
make a determination whether or not to terminate authority to
collect the passenger facility charge for the project, based
on the filed objection. The Secretary shall state the reasons
for any determination. The Secretary may only terminate
authority if--
``(i) the project is not an eligible airport related
project;
``(ii) the eligible agency has not complied with the
requirements of this section or the Secretary's implementing
regulations in proposing the project;
``(iii) the eligible agency has been found to be in
violation of section 47107(b) of this title and has failed to
take corrective action, prior to the filing of the objection;
or
``(iv) in the case of a proposed increase in the passenger
facility charge level, the level is not authorized by this
section.
``(D) Upon issuance of a decision terminating authority,
the public agency shall prepare an accounting of passenger
facility revenue collected under the terminated authority and
restore the funds for use on other authorized projects.
``(E) Except as provided in subparagraph (C), the eligible
agency may implement the planned collection and use of a
passenger facility charge in accordance with its report upon
filing the report as specified in paragraph (1)(A).
``(6) Approval requirement for increased passenger facility
charge or intermodal ground access project.--
``(A) An eligible agency may not collect or use a passenger
facility charge to finance an intermodal ground access
project, or increase a passenger facility charge, unless the
project is first approved by the Secretary in accordance with
this paragraph.
``(B) The eligible agency may submit to the Secretary an
application for authority to impose a passenger facility
charge for an intermodal ground access project or to increase
a passenger facility charge. The application shall contain
information and be in the form that the Secretary may require
by regulation but, at a minimum, must include copies of any
comments received by the agency during the comment period
described by subparagraph (C).
``(C) Before submitting an application under this
paragraph, an eligible agency must provide air carriers and
foreign air carriers operating at the airport, and the
public, reasonable notice of and an opportunity to comment on
a proposed intermodal ground access project or the increased
passenger facility charge. Such notice and opportunity to
comment shall conform to the requirements of paragraphs (3)
and (4).
``(D) After receiving an application, the Secretary may
provide air carriers, foreign air carriers and other
interested persons notice and an opportunity to comment on
the application. The Secretary shall make a final decision on
the application not later than 120 days after receiving
it.''.
(b) Conforming Amendments.--
(1) References.--
(A) Section 40117(a) is amended--
(i) by striking ``fee'' in the heading for paragraph (5)
and inserting ``charge''; and
(ii) by striking ``fee'' each place it appears in
paragraphs (5) and (6) and inserting ``charge''.
(B) Subsections (b), and subsections (d) through (m), of
section 40117 are amended--
(i) by striking ``fee'' or ``fees'' each place either
appears and inserting ``charge'' or ``charges'',
respectively; and
(ii) by striking ``Fee'' in the subsection caption for
subsection (l), and ``Fees'' in the subsection captions for
subsections (e) and (m), and inserting ``Charge'' and
``Charges'', respectively.
(C) The caption for section 40117 is amended to read as
follows:

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

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

``40117. Passenger facility charges''.

(2) Limitations on approving applications.--Section
40117(d) is amended--
(A) by striking ``subsection (c) of this section to finance
a specific'' and inserting ``subsection (c)(6) of this
section to finance an intermodal ground access'';
(B) by striking ``specific'' in paragraph (1);
(C) by striking paragraph (2) and inserting the following:
``(2) the project is an eligible airport-related project;
and'';
(D) by striking ``each of the specific projects; and'' in
paragraph (3) and inserting ``the project.''; and
(E) by striking paragraph (4).
(3) Limitations on imposing charges.--Section 40117(e)(1)
is amended to read as follows: ``(1) An eligible agency may
impose a passenger facility charge only subject to terms the
Secretary may prescribe to carry out the objectives of this
section.''.
(4) Limitations on contracts, leases, and use agreements.--
Section 40117(f)(2) is amended by striking ``long-term''.
(5) Compliance.--Section 40117(h) is amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following:
``(3) The Secretary may, on complaint of an interested
person or on the Secretary's own initiative, conduct an
investigation into an eligible agency's collection and use of

[[Page S1372]]

passenger facility charge revenue to determine whether a
passenger facility charge is excessive or that passenger
facility revenue is not being used as provided in this
section. The Secretary shall prescribe regulations
establishing procedures for complaints and investigations.
The regulations may provide for the issuance of a final
agency decision without resort to an oral evidentiary
hearing. The Secretary shall not accept complaints filed
under this paragraph until after the issuance of regulations
establishing complaint procedures.''.
(6) Pilot program for pfc at nonhub airports.--Section
40117(l) is amended--
(A) by striking ``(c)(2)'' in paragraph (2) and inserting
``(c)(3)''; and
(B) by striking ``October 1, 2009.'' in paragraph (7) and
inserting ``the date of issuance of regulations to carry out
subsection (c) of this section, as amended by the FAA Air
Transportation Modernization and Safety Improvement Act.''.
(7) Prohibition on approving pfc applications for airport
revenue diversion.--Section 47111(e) is amended by striking
``sponsor'' the second place it appears in the first sentence
and all that follows and inserting ``sponsor. A sponsor shall
not propose collection or use of passenger facility charges
for any new projects under paragraphs (3) through (6) of
section 40117(c) unless the Secretary determines that the
sponsor has taken corrective action to address the violation
and the violation no longer exists.''.

SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM.

(a) In General.--Section 40117 is amended by adding at the
end thereof the following:
``(n) Alternative Passenger Facility Charge Collection
Pilot Program.--
``(1) In general.--The Secretary shall establish and
conduct a pilot program at not more than 6 airports under
which an eligible agency may impose a passenger facility
charge under this section without regard to the dollar amount
limitations set forth in paragraph (1) or (4) of subsection
(b) if the participating eligible agency meets the
requirements of paragraph (2).
``(2) Collection requirements.--
``(A) Direct collection.--An eligible agency participating
in the pilot program--
``(i) may collect the charge from the passenger at the
facility, via the Internet, or in any other reasonable
manner; but
``(ii) may not require or permit the charge to be collected
by an air carrier or foreign air carrier for the flight
segment.
``(B) PFC collection requirement not to apply.--Subpart C
of part 158 of title 14, Code of Federal Regulations, does
not apply to the collection of the passenger facility charge
imposed by an eligible agency participating in the pilot
program.''.
(b) GAO Study of Alternative Means of Collecting PFCs.--
(1) In general.--The Comptroller General shall conduct a
study of alternative means of collection passenger facility
charges imposed under section 40117 of title 49, United
States Code, that would permit such charges to be collected
without being included in the ticket price. In the study, the
Comptroller General shall consider, at a minimum--
(A) collection options for arriving, connecting, and
departing passengers at airports;
(B) cost sharing or fee allocation methods based on
passenger travel to address connecting traffic; and
(C) examples of airport fees collected by domestic and
international airports that are not included in ticket
prices.
(2) Report.--No later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a
report on the study to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure containing the
Comptroller General's findings, conclusions, and
recommendations.

SEC. 203. AMENDMENTS TO GRANT ASSURANCES.

Section 47107 is amended--
(1) by striking ``made;'' in subsection (a)(16)(D)(ii) and
inserting ``made, except that, if there is a change in
airport design standards that the Secretary determines is
beyond the owner or operator's control that requires the
relocation or replacement of an existing airport facility,
the Secretary, upon the request of the owner or operator, may
grant funds available under section 47114 to pay the cost of
relocating or replacing such facility;'';
(2) by striking ``purpose;'' in subsection (c)(2)(A)(i) and
inserting ``purpose, which includes serving as noise buffer
land;'';
(3) by striking ``paid to the Secretary for deposit in the
Fund if another eligible project does not exist.'' in
subsection (c)(2)(B)(iii) and inserting ``reinvested in
another project at the airport or transferred to another
airport as the Secretary prescribes.''; and
(4) by redesignating paragraph (3) of subsection (c) as
paragraph (4) and inserting after paragraph (2) the
following:
``(3) In approving the reinvestment or transfer of proceeds
under paragraph (2)(C)(iii), the Secretary shall give
preference, in descending order, to--
``(i) reinvestment in an approved noise compatibility
project;
``(ii) reinvestment in an approved project that is eligible
for funding under section 47117(e);
``(iii) reinvestment in an airport development project that
is eligible for funding under section 47114, 47115, or 47117
and meets the requirements of this chapter;
``(iv) transfer to the sponsor of another public airport to
be reinvested in an approved noise compatibility project at
such airport; and
``(v) payment to the Secretary for deposit in the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502).''.

SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS.

(a) Federal Share.--Section 47109 is amended--
(1) by striking ``subsection (b) or subsection (c)'' in
subsection (a) and inserting ``subsection (b), (c), or (e)'';
and
(2) by adding at the end the following:
``(e) Special Rule for Transition From Small Hub to Medium
Hub Status.--If the status of a small hub primary airport
changes to a medium hub primary airport, the United States
Government's share of allowable project costs for the airport
may not exceed 95 percent for 2 fiscal years following such
change in hub status.''.
(b) Transitioning Airports.--Section 47114(f)(3)(B) is
amended by striking ``year 2004.'' and inserting ``years 2010
and 2011.''.

SEC. 205. AMENDMENTS TO ALLOWABLE COSTS.

Section 47110 is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Relocation of Airport-Owned Facilities.--The
Secretary may determine that the costs of relocating or
replacing an airport-owned facility are allowable for an
airport development project at an airport only if--
``(1) the Government's share of such costs is paid with
funds apportioned to the airport sponsor under sections
47114(c)(1) or 47114(d)(2);
``(2) the Secretary determines that the relocation or
replacement is required due to a change in the Secretary's
design standards; and
``(3) the Secretary determines that the change is beyond
the control of the airport sponsor.'';
(2) by striking ``facilities, including fuel farms and
hangars,'' in subsection (h) and inserting ``facilities, as
defined by section 47102,''; and
(3) by adding at the end the following:
``(i) Bird-Detecting Radar Systems.--Within 180 days after
the date of enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, the Administrator
shall analyze the conclusions of ongoing studies of various
types of commercially-available bird radar systems, based
upon that analysis, if the Administrator determines such
systems have no negative impact on existing navigational aids
and that the expenditure of such funds is appropriate, the
Administrator shall allow the purchase of bird-detecting
radar systems as an allowable airport development project
costs subject to subsection (b). If a determination is made
that such radar systems will not improve or negatively impact
airport safety, the Administrator shall issue a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on why that determination was made.''.

SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.

Section 47133(b) is amended--
(1) by resetting the text of the subsection as an indented
paragraph 2 ems from the left margin;
(2) by inserting ``(1)'' before ``Subsection''; and
(3) by adding at the end thereof the following:
``(2) In the case of a privately owned airport, subsection
(a) shall not apply to the proceeds from the sale of the
airport to a public sponsor if--
``(A) the sale is approved by the Secretary;
``(B) funding is provided under this title for the public
sponsor's acquisition; and
``(C) an amount equal to the remaining unamortized portion
of the original grant, amortized over a 20-year period, is
repaid to the Secretary by the private owner for deposit in
the Trust Fund for airport acquisitions.
``(3) This subsection shall apply to grants issued on or
after October 1, 1996.''.

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

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

SEC. 208. MISCELLANEOUS AMENDMENTS.

(a) Technical Changes to National Plan of Integrated
Airport Systems.--Section 47103 is amended--
(1) by striking ``each airport to--'' in subsection (a) and
inserting ``the airport system to--'';
(2) by striking ``system in the particular area;'' in
subsection (a)(1) and inserting ``system, including
connection to the surface transportation network; and'';
(3) by striking ``aeronautics; and'' in subsection (a)(2)
and inserting ``aeronautics.'';
(4) by striking subsection (a)(3);
(5) by inserting ``and'' after the semicolon in subsection
(b)(1);
(6) by striking paragraph (2) of subsection (b) and
redesignating paragraph (3) as paragraph (2);

[[Page S1373]]

(7) by striking ``operations, Short Takeoff and Landing/
Very Short Takeoff and Landing aircraft operations,'' in
subsection (b)(2), as redesignated, and inserting
``operations''; and
(8) by striking ``status of the'' in subsection (d).
(b) Update Veterans Preference Definition.--Section
47112(c) is amended--
(1) by striking ``separated from'' in paragraph (1)(B) and
inserting ``discharged or released from active duty in'';
(2) by adding at the end of paragraph (1) the following:
``(C) `Afghanistan-Iraq war veteran' means an individual
who served on active duty, as defined by section 101(21) of
title 38, at any time in the armed forces for a period of
more than 180 consecutive days, any part of which occurred
during the period beginning on September 11, 2001, and ending
on the date prescribed by Presidential proclamation or by law
as the last date of Operation Iraqi Freedom.'';
(3) by striking ``veterans and'' in paragraph (2) and
inserting ``veterans, Afghanistan-Iraq war veterans, and'';
and
(4) by adding at the end the following:
``(3) A contract involving labor for carrying out an
airport development project under a grant agreement under
this subchapter must require that a preference be given to
the use of small business concerns (as defined in section 3
of the Small Business Act (15 U.S.C. 632)) owned and
controlled by disabled veterans.''.
(c) Annual Report.--Section 47131(a) is amended--
(1) by striking ``April 1'' and inserting ``June 1''; and
(2) by striking paragraphs (1) through (4) and inserting
the following:
``(1) a summary of airport development and planning
completed;
``(2) a summary of individual grants issued;
``(3) an accounting of discretionary and apportioned funds
allocated; and
``(4) the allocation of appropriations; and''.
(d) Sunset of Program.--Section 47137 is repealed effective
September 30, 2008.
(e) Correction to Emission Credits Provision.--Section
47139 is amended--
(1) by striking ``47102(3)(F),'' in subsection (a);
(2) by striking ``47102(3)(F), 47102(3)(K), 47102(3)(L), or
47140'' in subsection (b) and inserting ``47102(3)(K) or
47102(3)(L)''; and
(3) by striking ``40117(a)(3)(G), 47103(3)(F), 47102(3)(K),
47102(3)(L), or 47140,'' in subsection (b) and inserting
``40117(a)(3)(G), 47102(3)(K), or 47102(3)(L),''; and
(f) Correction to Surplus Property Authority.--Section
47151(e) is amended by striking ``(other than real property
that is subject to section 2687 of title 10, section 201 of
the Defense Authorization Amendments and Base Closure and
Realignment Act (10 U.S.C. 2687 note), or section 2905 of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note),''.
(g) Airport Capacity Benchmark Reports; Definition of Joint
Use Airport.--Section 47175 is amended--
(1) by striking ``Airport Capacity Benchmark Report 2001.''
in paragraph (2) and inserting ``2001 and 2004 Airport
Capacity Benchmark Reports or of the most recent Benchmark
report, Future Airport Capacity Task Report, or other
comparable FAA report.''; and
(2) by adding at the end thereof the following:
``(7) Joint use airport.--The term `joint use airport'
means an airport owned by the United States Department of
Defense, at which both military and civilian aircraft make
shared use of the airfield.''.
(h) Use of Apportioned Amounts.--Section 47117(e)(1)(A) is
amended--
(1) by striking ``35 percent'' in the first sentence and
inserting ``$300,000,000'';
(2) by striking ``and'' after ``47141,'';
(3) by striking ``et seq.).'' and inserting ``et seq.), and
for water quality mitigation projects to comply with the Act
of June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an
environmental record of decision for an airport development
project under this title.''; and
(4) by striking ``such 35 percent requirement is'' in the
second sentence and inserting ``the requirements of the
preceding sentence are''.
(i) Use of Previous Fiscal Year's Apportionment.--Section
47114(c)(1) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(E)(ii);
(2) by striking ``airport.'' in subparagraph (E)(iii) and
inserting ``airport; and'';
(3 by adding at the end of subparagraph (E) the following:
``(iv) the airport received scheduled or unscheduled air
service from a large certified air carrier (as defined in
part 241 of title 14, Code of Federal Regulations, or such
other regulations as may be issued by the Secretary under the
authority of section 41709) and the Secretary determines that
the airport had more than 10,000 passenger boardings in the
preceding calendar year, based on data submitted to the
Secretary under part 241 of title 14, Code of Federal
Regulations.'';
(4) in subparagraph (G)--
(A) by striking ``fiscal year 2006'' in the heading and
inserting ``fiscal years 2008 through 2011'';
(B) by striking ``fiscal year 2006'' and inserting ``fiscal
years 2008 through 2011'';
(C) by striking clause (i) and inserting the following:
``(i) the average annual passenger boardings at the airport
for calendar years 2004 through 2006 were below 10,000 per
year;''; and
(D) by striking ``2000 or 2001;'' in clause (ii) and
inserting ``2003;''; and
(5) by adding at the end thereof the following:
``(H) Special rule for fiscal years 2010 and 2011.--
Notwithstanding subparagraph (A), for an airport that had
more than 10,000 passenger boardings and scheduled passenger
aircraft service in calendar year 2007, but in either
calendar years 2008 or 2009, or both years, the number of
passenger boardings decreased to a level below 10,000
boardings per year at such airport, the Secretary may
apportion in fiscal years 2010 or 2011 to the sponsor of such
an airport an amount equal to the amount apportioned to that
sponsor in fiscal year 2009.''.
(j) Mobile Refueler Parking Construction.--Section 47102(3)
is amended by adding at the end the following:
``(M) construction of mobile refueler parking within a fuel
farm at a nonprimary airport meeting the requirements of
section 112.8 of title 40, Code of Federal Regulations.''.
(k) Discretionary Fund.--Section 47115(g)(1) is amended by
striking ``of--'' and all that follows and inserting ``of
$520,000,000. The amount credited is exclusive of amounts
that have been apportioned in a prior fiscal year under
section 47114 of this title and that remain available for
obligation.''.

SEC. 209. STATE BLOCK GRANT PROGRAM.

Section 47128 is amended--
(1) by striking ``regulations'' each place it appears in
subsection (a) and inserting ``guidance'';
(2) by striking ``grant;'' in subsection (b)(4) and
inserting ``grant, including Federal environmental
requirements or an agreed upon equivalent;'';
(3) by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following:
``(c) Project Analysis and Coordination Requirements.--Any
Federal agency that must approve, license, or permit a
proposed action by a participating State shall coordinate and
consult with the State. The agency shall utilize the
environmental analysis prepared by the State, provided it is
adequate, or supplement that analysis as necessary to meet
applicable Federal requirements.''; and
(4) by adding at the end the following:
``(e) Pilot Program.--The Secretary shall establish a pilot
program for up to 3 States that do not participate in the
program established under subsection (a) that is consistent
with the program under subsection (a).''.

SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.

Section 47173(a) is amended by striking ``project.'' and
inserting ``project, or to conduct special environmental
studies related to a federally funded airport project or for
special studies or reviews to support approved noise
compatibility measures in a Part 150 program or environmental
mitigation in a Federal Aviation Administration Record of
Decision or Finding of No Significant Impact.''.

SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT
PROCEDURES.

Section 47504 is amended by adding at the end the
following:
``(e) Grants for Assessment of Flight Procedures.--
``(1) The Secretary is authorized in accordance with
subsection (c)(1) to make a grant to an airport operator to
assist in completing environmental review and assessment
activities for proposals to implement flight procedures that
have been approved for airport noise compatibility planning
purposes under subsection (b).
``(2) The Administrator of the Federal Aviation
Administration may accept funds from an airport sponsor,
including funds provided to the sponsor under paragraph (1),
to hire additional staff or obtain the services of
consultants in order to facilitate the timely processing,
review and completion of environmental activities associated
with proposals to implement flight procedures submitted and
approved for airport noise compatibility planning purposes in
accordance with this section. Funds received under this
authority shall not be subject to the procedures applicable
to the receipt of gifts by the Administrator.''.

SEC. 212. SAFETY-CRITICAL AIRPORTS.

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

SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT
PROGRAM.

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

``Sec. 47143. Environmental mitigation demonstration pilot
program

``(a) In General.--The Secretary of Transportation shall
carry out a pilot program involving not more than 6 projects
at public-use airports under which the Secretary may make
grants to sponsors of such airports from funds apportioned
under paragraph 47117(e)(1)(A) for use at such airports for
environmental mitigation demonstration projects that will
measurably reduce or mitigate aviation impacts on noise, air
quality or water quality in the vicinity of the airport.
Notwithstanding any other provision of

[[Page S1374]]

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

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

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

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

SEC. 215. GLYCOL RECOVERY VEHICLES.

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

SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT.

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

SEC. 217. UNITED STATES TERRITORY MINIMUM GUARANTEE.

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

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

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

TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORM

SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT BOARD.

Section 106(p) is amended to read as follows:
``(p) Air Traffic Control Modernization Oversight Board.--
``(1) Establishment.--Within 90 days after the date of
enactment of the FAA Air Transportation Modernization and
Safety Improvement Act, the Secretary shall establish and
appoint the members of an advisory Board which shall be known
as the Air Traffic Control Modernization Oversight Board.
``(2) Membership.--The Board shall be comprised of the
individual appointed or designated under section 302 of the
FAA Air Transportation Modernization and Safety Improvement
Act (who shall serve ex officio without the right to vote)
and 9 other members, who shall consist of--
``(A) the Administrator and a representative from the
Department of Defense;
``(B) 1 member who shall have a fiduciary responsibility to
represent the public interest; and
``(C) 6 members representing aviation interests, as
follows:
``(i) 1 representative that is the chief executive officer
of an airport.
``(ii) 1 representative that is the chief executive officer
of a passenger or cargo air carrier.
``(iii) 1 representative of a labor organization
representing employees at the Federal Aviation Administration
that are involved with the operation of the air traffic
control system.
``(iv) 1 representative with extensive operational
experience in the general aviation community.
``(v) 1 representative from an aircraft manufacturer.
``(vi) 1 representative of a labor organization
representing employees at the Federal Aviation Administration
who are involved with maintenance of the air traffic control
system.
``(3) Appointment and qualifications.--
``(A) Members of the Board appointed under paragraphs
(2)(B) and (2)(C) shall be appointed by the President, by and
with the advice and consent of the Senate.
``(B) Members of the Board appointed under paragraph (2)(B)
shall be citizens of the United States and shall be appointed
without regard to political affiliation and solely on the
basis of their professional experience and expertise in one
or more of the following areas and, in the aggregate, should
collectively bring to bear expertise in--
``(i) management of large service organizations;
``(ii) customer service;
``(iii) management of large procurements;
``(iv) information and communications technology;
``(v) organizational development; and
``(vi) labor relations.
``(C) Of the members first appointed under paragraphs
(2)(B) and (2)(C)--
``(i) 2 shall be appointed for terms of 1 year;
``(ii) 1 shall be appointed for a term of 2 years;
``(iii) 1 shall be appointed for a term of 3 years; and
``(iv) 1 shall be appointed for a term of 4 years.
``(4) Functions.--
``(A) In general.--The Board shall--
``(i) review and provide advice on the Administration's
modernization programs, budget, and cost accounting system;
``(ii) review the Administration's strategic plan and make
recommendations on the non-safety program portions of the
plan, and provide advice on the safety programs of the plan;
``(iii) review the operational efficiency of the air
traffic control system and make recommendations on the
operational and performance metrics for that system;
``(iv) approve procurements of air traffic control
equipment in excess of $100,000,000;
``(v) approve by July 31 of each year the Administrator's
budget request for facilities and equipment prior to its
submission to the Office of Management and budget, including
which programs are proposed to be funded from the Air Traffic
control system Modernization Account of the Airport and
Airway Trust Fund;
``(vi) approve the Federal Aviation Administration's
Capital Investment Plan prior to its submission to the
Congress;
``(vii) annually review and make recommendations on the
NextGen Implementation Plan;
``(viii) approve the Administrator's selection of the Chief
NextGen Officer appointed

[[Page S1375]]

or designated under section 302(a) of the FAA Air
Transportation Modernization and Safety Improvement Act; and
``(ix) approve the selection of the head of the Joint
Planning and Development Office.
``(B) Meetings.--The Board shall meet on a regular and
periodic basis or at the call of the Chairman or of the
Administrator.
``(C) Access to documents and staff.--The Administration
may give the Board appropriate access to relevant documents
and personnel of the Administration, and the Administrator
shall make available, consistent with the authority to
withhold commercial and other proprietary information under
section 552 of title 5, cost data associated with the
acquisition and operation of air traffic control systems. Any
member of the Board who receives commercial or other
proprietary data from the Administrator shall be subject to
the provisions of section 1905 of title 18, pertaining to
unauthorized disclosure of such information.
``(5) Federal advisory committee act not to apply.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board or such rulemaking committees as the
Administrator shall designate.
``(6) Administrative matters.--
``(A) Terms of members.--Except as provided in paragraph
(3)(C), members of the Board appointed under paragraph (2)(B)
and (2)(C) shall be appointed for a term of 4 years.
``(B) Reappointment.--No individual may be appointed to the
Board for more than 8 years total.
``(C) Vacancy.--Any vacancy on the Board shall be filled in
the same manner as the original position. Any member
appointed to fill a vacancy occurring before the expiration
of the term for which the member's predecessor was appointed
shall be appointed for a term of 4 years.
``(D) Continuation in office.--A member of the Board whose
term expires shall continue to serve until the date on which
the member's successor takes office.
``(E) Removal.--Any member of the Board appointed under
paragraph (2)(B) or (2)(C) may be removed by the President
for cause.
``(F) Claims against members of the board.--
``(i) In general.--A member appointed to the Board shall
have no personal liability under State or Federal law with
respect to any claim arising out of or resulting from an act
or omission by such member within the scope of service as a
member of the Board.
``(ii) Effect on other law.--This subparagraph shall not be
construed--

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

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

SEC. 302. NEXTGEN MANAGEMENT.

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

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

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

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

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

SEC. 305. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

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

SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES.

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

SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM.

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

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

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

[[Page S1376]]

SEC. 308. NEXT GENERATION FACILITIES NEEDS ASSESSMENT.

(a) FAA Criteria for Facilities Realignment.--Within 9
months after the date of enactment of this Act, the
Administrator, after providing an opportunity for public
comment, shall publish final criteria to be used in making
the Administrator's recommendations for the realignment of
services and facilities to assist in the transition to next
generation facilities and help reduce capital, operating,
maintenance, and administrative costs with no adverse effect
on safety.
(b) Realignment Recommendations.--Within 9 months after
publication of the criteria, the Administrator shall publish
a list of the services and facilities that the Administrator
recommends for realignment, including a justification for
each recommendation and a description of the costs and
savings of such transition, in the Federal Register and allow
45 days for the submission of public comments to the Board.
In addition, the Administrator upon request shall hold a
public hearing in any community that would be affected by a
recommendation in the report.
(c) Study by Board.--The Air Traffic Control Modernization
Oversight Board established by section 106(p) of title 49,
United States Code, shall study the Administrator's
recommendations for realignment and the opportunities, risks,
and benefits of realigning services and facilities of the
Administration to help reduce capital, operating,
maintenance, and administrative costs with no adverse effect
on safety.
(d) Review and Recommendations.--
(1) Based on its review and analysis of the Administrator's
recommendations and any public comment it may receive, the
Board shall make its independent recommendations for
realignment of aviation services or facilities and submit its
recommendations in a report to the President, the Senate
Committee on Commerce, Science, and Transportation, and the
House of Representatives Committee on Transportation and
Infrastructure.
(2) The Board shall explain and justify in its report any
recommendation made by the Board that is different from the
recommendations made by the Administrator pursuant to
subsection (b).
(3) The Administrator may not realign any air traffic
control facilities or regional offices until the Board's
recommendations are complete, unless for each proposed
realignment the Administrator and each exclusive bargaining
representative certified under section 7114 of title 5,
United States Code, of affected employees execute a written
agreement regarding the proposed realignment.
(e) Realignment Defined.--In this section, the term
``realignment''--
(1) means a relocation or reorganization of functions,
services, or personnel positions, including a facility
closure, consolidation, deconsolidation, collocation,
decombining, decoupling, split, or inter-facility or inter-
regional reorganization that requires a reassignment of
employees; but
(2) does not include a reduction in personnel resulting
from workload adjustments.

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

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

``Within 6 months after the date of enactment of the FAA Air
Transportation Modernization and Safety Improvement Act, the
Administrator shall develop the implementation plan described
in paragraph (3) of this subsection and shall update it
annually thereafter.''; and
(12) by striking ``2010.'' in subsection (e) and inserting
``2011.''.
(b) Senior Policy Committee Meetings.--Section 710(a) of
such Act (49 U.S.C. 40101 note) is amended by striking
``Secretary.'' and inserting ``Secretary and shall meet at
least once each quarter.''.

SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY.

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

SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

Section 40110(a)(2) is amended by striking ``compensation;
and'' and inserting ``compensation, and the amount received
may be credited to the appropriation current when the amount
is received; and''.

SEC. 312. EDUCATIONAL REQUIREMENTS.

The Administrator shall make payments to the Department of
Defense for the education of dependent children of those
Administration employees in Puerto Rico and Guam as they are
subject to transfer by policy and practice and meet the
eligibility requirements of section 2164(c) of title 10,
United States Code.

SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM.

Section 40122(a)(2) is amended to read as follows:
``(2) Dispute resolution.--
``(A) Mediation.--If the Administrator does not reach an
agreement under paragraph (1) or subsection (g)(2)(C) with
the exclusive bargaining representatives, the services of the
Federal Mediation and Conciliation Service shall be used to
attempt to reach such agreement in accordance with part 1425
of title 29, Code of Federal Regulations. The Administrator
and bargaining representatives may by mutual agreement adopt
procedures for the resolution of disputes or impasses arising
in the negotiation of a collective-bargaining agreement.
``(B) Binding arbitration.--If the services of the Federal
Mediation and Conciliation Service under subparagraph (A) do
not lead to an agreement, the Administrator and the
bargaining representatives shall submit their issues in
controversy to the Federal Service Impasses Panel in
accordance with section 7119 of title 5. The Panel shall
assist the parties in resolving the impasse by asserting
jurisdiction and ordering binding arbitration by a private
arbitration board consisting of 3 members in accordance with
section 2471.6(a)(2)(ii) of title 5, Code of Federal
Regulations. The executive director of the Panel shall
request a list of not less than 15

[[Page S1377]]

names of arbitrators with Federal sector experience from the
director of the Federal Mediation and Conciliation Service to
be provided to the Administrator and the bargaining
representatives. Within 10 days after receiving the list, the
parties shall each select 1 person. The 2 arbitrators shall
then select a third person from the list within 7 days. If
the 2 arbitrators are unable to agree on the third person,
the parties shall select the third person by alternately
striking names from the list until only 1 name remains. If
the parties do not agree on the framing of the issues to be
submitted, the arbitration board shall frame the issues. The
arbitration board shall give the parties a full and fair
hearing, including an opportunity to present evidence in
support of their claims, and an opportunity to present their
case in person, by counsel, or by other representative as
they may elect. Decisions of the arbitration board shall be
conclusive and binding upon the parties. The arbitration
board shall render its decision within 90 days after its
appointment. The Administrator and the bargaining
representative shall share costs of the arbitration equally.
The arbitration board shall take into consideration the
effect of its arbitration decisions on the Federal Aviation
Administration's ability to attract and retain a qualified
workforce and the Federal Aviation Administration's budget.
``(C) Effect.--Upon reaching a voluntary agreement or at
the conclusion of the binding arbitration under subparagraph
(B) above, the final agreement, except for those matters
decided by the arbitration board, shall be subject to
ratification by the exclusive representative, if so requested
by the exclusive representative, and approval by the head of
the agency in accordance with subsection (g)(2)(C).
``(D) Enforcement.--Enforcement of the provisions of this
paragraph shall be in the United States District Court for
the District of Columbia.''.

SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES.

(a) OEP Airport Procedures.--
(1) In general.--Within 6 months after the date of
enactment of this Act, the Administrator shall publish a
report, after consultation with representatives of
appropriate Administration employee groups, airport
operators, air carriers, general aviation representatives,
and aircraft manufacturers that includes the following:
(A) RNP/RNAV operations.--The required navigation
performance and area navigation operations, including the
procedures to be developed, certified, and published and the
air traffic control operational changes, to maximize the
efficiency and capacity of NextGen commercial operations at
the 35 Operational Evolution Partnership airports identified
by the Administration.
(B) Coordination and implementation activities.--A
description of the activities and operational changes and
approvals required to coordinate and utilize those procedures
at those airports.
(C) Implementation plan.--A plan for implementing those
procedures that establishes--
(i) clearly defined budget, schedule, project organization,
and leadership requirements;
(ii) specific implementation and transition steps; and
(iii) baseline and performance metrics for measuring the
Administration's progress in implementing the plan, including
the percentage utilization of required navigation performance
in the National Airspace System.
(D) Cost/benefit analysis for third-party usage.--An
assessment of the costs and benefits of using third parties
to assist in the development of the procedures.
(E) Additional procedures.--A process for the
identification, certification, and publication of additional
required navigation performance and area navigation
procedures that may be required at such airports in the
future.
(2) Implementation schedule.--The Administrator shall
certify, publish, and implement--
(A) 30 percent of the required procedures within 18 months
after the date of enactment of this Act;
(B) 60 percent of the procedures within 36 months after the
date of enactment of this Act; and
(C) 100 percent of the procedures before January 1, 2014.
(b) Expansion of Plan to Other Airports.--
(1) In general.--No later than January 1, 2014, the
Administrator shall publish a report, after consultation with
representatives of appropriate Administration employee
groups, airport operators, and air carriers, that includes a
plan for applying the procedures, requirements, criteria, and
metrics described in subsection (a)(1) to other airports
across the Nation.
(2) Implementation schedule.--The Administrator shall
certify, publish, and implement--
(A) 25 percent of the required procedures at such other
airports before January 1, 2015;
(B) 50 percent of the procedures at such other airports
before January 1, 2016;
(C) 75 percent of the procedures at such other airports
before January 1, 2017; and
(D) 100 percent of the procedures before January 1, 2018.
(c) Establishment of Priorities.--The Administrator shall
extend the charter of the Performance Based Navigation
Aviation Rulemaking Committee as necessary to authorize and
request it to establish priorities for the development,
certification, publication, and implementation of the
navigation performance and area navigation procedures based
on their potential safety and congestion benefits.
(d) Coordinated and Expedited Review.--Navigation
performance and area navigation procedures developed,
certified, published, and implemented under this section
shall be presumed to be covered by a categorical exclusion
(as defined in section 1508.4 of title 40, Code of Federal
Regulations) under chapter 3 of FAA Order 1050.1E unless the
Administrator determines that extraordinary circumstances
exist with respect to the procedure.
(e) Deployment Plan for Nationwide Data Communications
System.--Within 1 year after the date of enactment of this
Act, the Administrator shall submit a plan for implementation
of a nationwide communications system to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure. The plan shall include--
(1) clearly defined budget, schedule, project organization,
and leadership requirements;
(2) specific implementation and transition steps; and
(3) baseline and performance metrics for measuring the
Administration's progress in implementing the plan.
(f) Improved Performance Standards.--Within 90 days after
the date of enactment of this Act, the Administrator shall
submit a report to the Senate committee on commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure that--
(1) evaluates whether utilization of ADS-B, RNP, and other
technologies as part of the NextGen Air Transportation System
implementation plan will display the position of aircraft
more accurately and frequently so as to enable a more
efficient use of existing airspace and result in reduced
consumption of aviation fuel and aircraft engine emissions;
(2) evaluates the feasibility of reducing aircraft
separation standards in a safe manner as a result of
implementation of such technologies; and
(3) if the Administrator determines that such standards can
be reduced safely, includes a timetable for implementation of
such reduced standards.

SEC. 315. ADS-B DEVELOPMENT AND IMPLEMENTATION.

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

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

(B) initiate a rulemaking proceeding to issue any
additional guidelines and regulations for ADS-B Out
technology not addressed in the initial rulemaking.
(2) ADS-B in.--Not later than 45 days after the date of
enactment of this Act the Administrator shall initiate a
rulemaking proceeding to issue guidelines and regulations for
ADS-B In technology that--
(A) identify the ADS-B In technology that will be required
under NextGen;
(B) subject to paragraph (3), require all aircraft to be
equipped with such technology by 2018; and
(C) identify--

[[Page S1378]]

(i) the type of such avionics required of aircraft for all
classes of airspace;
(ii) the expected costs associated with the avionics; and
(iii) the expected uses and benefits of the avionics.
(3) Readiness Verification.--Before the date on which all
aircraft are required to be equipped with ADS-B technology
pursuant to rulemakings under paragraphs (1) and (2), the Air
Traffic Control Modernization Oversight Board shall verify
that--
(A) the necessary ground infrastructure is installed and
functioning properly;
(B) certification standards have been approved; and
(C) appropriate operational platforms interface safely and
efficiently.
(c) Uses.--Within 18 months after the date of enactment of
this Act, the Administrator shall develop, in consultation
with appropriate employee groups, a plan for the use of ADS-B
technology for surveillance and active air traffic control by
2015. The plans shall--
(1) include provisions to test the use of ADS-B prior to
the 2015 deadline for surveillance and active air traffic
control in specific regions of the country with the most
congested airspace;
(2) identify the equipment required at air traffic control
facilities and the training required for air traffic
controllers;
(3) develop procedures, in consultation with appropriate
employee groups, to conduct air traffic management in mixed
equipage environments; and
(4) establish a policy in these test regions, with
consultation from appropriate employee groups, to provide
incentives for equipage with ADS-B technology by giving
priority to aircraft equipped with such technology before the
2015 and 2018 equipage deadlines.

SEC. 316. EQUIPAGE INCENTIVES.

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

SEC. 317. PERFORMANCE METRICS.

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

SEC. 318. CERTIFICATION STANDARDS AND RESOURCES.

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

SEC. 319. UNMANNED AERIAL SYSTEMS.

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

SEC. 320. SURFACE SYSTEMS PROGRAM OFFICE.

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

SEC. 321. STAKEHOLDER COORDINATION.

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

[[Page S1379]]

SEC. 322. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY
CONDITIONS.

(a) Establishment.--The Administrator shall establish a
special task force to be known as the ``FAA Task Force on Air
Traffic Control Facility Conditions''.
(b) Membership.--
(1) Composition.--The Task Force shall be composed of 11
members of whom--
(A) 7 members shall be appointed by the Administrator; and
(B) 4 members shall be appointed by labor unions
representing employees who work at field facilities of the
Administration.
(2) Qualifications.--Of the members appointed by the
Administrator under paragraph (1)(A)--
(A) 4 members shall be specialists on toxic mold abatement,
``sick building syndrome,'' and other hazardous building
conditions that can lead to employee health concerns and
shall be appointed by the Administrator in consultation with
the Director of the National Institute for Occupational
Safety and Health; and
(B) 2 members shall be specialists on the rehabilitation of
aging buildings.
(3) Terms.--Members shall be appointed for the life of the
Task Force.
(4) Vacancies.--A vacancy in the Task Force shall be filled
in the manner in which the original appointment was made.
(5) Travel expenses.--Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(c) Chairperson.--The Administrator shall designate, from
among the individuals appointed under subsection (b)(1), an
individual to serve as chairperson of the Task Force.
(d) Task Force Personnel Matters.--
(1) Staff.--The Task Force may appoint and fix the pay of
such personnel as it considers appropriate.
(2) Staff of federal agencies.--Upon request of the
Chairperson of the Task Force, the head of any department or
agency of the United States may detail, on a reimbursable
basis, any of the personnel of that department or agency to
the Task Force to assist it in carrying out its duties under
this section.
(3) Other staff and support.--Upon request of the Task
Force or a panel of the Task Force, the Administrator shall
provide the Task Force or panel with professional and
administrative staff and other support, on a reimbursable
basis, to the Task Force to assist it in carrying out its
duties under this section.
(e) Obtaining Official Data.--The Task Force may secure
directly from any department or agency of the United States
information (other than information required by any statute
of the United States to be kept confidential by such
department or agency) necessary for the Task Force to carry
out its duties under this section. Upon request of the
chairperson of the Task Force, the head of that department or
agency shall furnish such information to the Task Force.
(f) Duties.--
(1) Study.--The Task Force shall undertake a study of--
(A) the conditions of all air traffic control facilities
across the Nation, including towers, centers, and terminal
radar air control;
(B) reports from employees of the Administration relating
to respiratory ailments and other health conditions resulting
from exposure to mold, asbestos, poor air quality, radiation
and facility-related hazards in facilities of the
Administration;
(C) conditions of such facilities that could interfere with
such employees' ability to effectively and safely perform
their duties;
(D) the ability of managers and supervisors of such
employees to promptly document and seek remediation for
unsafe facility conditions;
(E) whether employees of the Administration who report
facility-related illnesses are treated fairly;
(F) utilization of scientifically approved remediation
techniques in a timely fashion once hazardous conditions are
identified in a facility of the Administration; and
(G) resources allocated to facility maintenance and
renovation by the Administration.
(2) Facility condition indices.--The Task Force shall
review the facility condition indices of the Administration
for inclusion in the recommendations under subsection (g).
(g) Recommendations.--Based on the results of the study and
review of the facility condition indices under subsection
(f), the Task Force shall make recommendations as it
considers necessary to--
(1) prioritize those facilities needing the most immediate
attention in order of the greatest risk to employee health
and safety;
(2) ensure that the Administration is using scientifically
approved remediation techniques in all facilities; and
(3) assist the Administration in making programmatic
changes so that aging air traffic control facilities do not
deteriorate to unsafe levels.
(h) Report.--Not later than 6 months after the date on
which initial appointments of members to the Task Force are
completed, the Task Force shall submit a report to the
Administrator, the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure on the activities of the
Task Force, including the recommendations of the Task Force
under subsection (g).
(i) Implementation.--Within 30 days after receipt of the
Task Force report under subsection (h), the Administrator
shall submit to the House of Representatives Committee on
Transportation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation a report that includes
a plan and timeline to implement the recommendations of the
Task Force and to align future budgets and priorities of the
Administration accordingly.
(j) Termination.--The Task Force shall terminate on the
last day of the 30-day period beginning on the date on which
the report under subsection (h) is submitted.
(k) Applicability of the Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Task Force.

SEC. 323. STATE ADS-B EQUIPAGE BANK PILOT PROGRAM.

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

SEC. 324. IMPLEMENTATION OF INSPECTOR GENERAL ATC
RECOMMENDATIONS.

(a) In General.--As soon as practicable after the date of
enactment of this Act, but no later than 1 year after that
date, the Administrator of the Federal Aviation
Administration shall--
(1) provide the Los Angeles International Air Traffic
Control Tower facility, the Southern California Terminal
Radar Approach Control facility, and the Northern California
Terminal Radar Approach Control facility a sufficient number
of contract instructors, classroom space (including off-site
locations as needed), and simulators for a surge in the
number of new air traffic controllers at those facilities;
(2) to the greatest extent practicable, distribute the
placement of new trainee air traffic controllers at those
facilities evenly across the calendar year in order to avoid
training bottlenecks;
(3) commission an independent analysis, in consultation
with the Administration and the exclusive bargaining
representative of air traffic controllers certified under
section 7111 of title 5, United States Code, of overtime
scheduling practices at those facilities; and
(4) to the greatest extent practicable, provide priority to
certified professional controllers-in-training when filling
staffing vacancies at those facilities.
(b) Staffing Analyses and Reports.--For the purposes of--

[[Page S1380]]

(1) the Federal Aviation Administration's annual controller
workforce plan,
(2) the Administration's facility-by-facility authorized
staffing ranges, and
(3) any report of air traffic controller staffing levels
submitted to the Congress,

the Administrator may not consider an individual to be an air
traffic controller unless that individual is a certified
professional controller.

SEC. 325. DEFINITIONS.

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

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

SUBTITLE A--CONSUMER PROTECTION

SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT.

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

``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE

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

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

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

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

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

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

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

``(a) Air Passenger Complaints Hotline Telephone Number.--
The Secretary of Transportation shall establish a consumer
complaints hotline telephone number for the use of air
passengers.
``(b) Public Notice.--The Secretary shall notify the public
of the telephone number established under subsection (a).
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out this section, which sums shall remain available
until expended.''.
(b) Conforming Amendment.--The table of contents for
chapter 417 is amended by adding at the end the following:

``subchapter iv--airline customer service

``41781. Air carrier and airport contingency plans for long on-board
tarmac delays
``41782. Air passenger complaints hotline and information''.

SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND FLIGHT
DELAY HISTORY.

(a) In General.--Section 41722 is amended by adding at the
end the following:
``(f) Chronically Delayed Flights.--
``(1) Publication of list of flights.--Each air carrier
holding a certificate issued under section 41102 that
conducts scheduled passenger air transportation shall, on a
monthly basis--
``(A) publish and update on the Internet website of the air
carrier a list of chronically delayed flights operated by
such air carrier; and
``(B) share such list with each entity that is authorized
to book passenger air transportation for such air carrier for
inclusion on the Internet website of such entity.
``(2) Disclosure to customers when purchasing tickets.--For
each individual who books passenger air transportation on the
Internet website of an air carrier, or the Internet website
of an entity that is authorized to book passenger air
transportation for an air carrier, for any flight for which
data is reported to the Department of Transportation under
part 234 of title 14, Code of Federal Regulations, such air
carrier or entity, as the case may be, shall prominently
disclose to such individual, before such individual makes
such booking, the following:
``(A) The on-time performance for the flight if the flight
is a chronically delayed flight.
``(B) The cancellation rate for the flight if the flight is
a chronically canceled flight.
``(3) Definitions.--In this subsection:
``(A) Chronically delayed flight.--The term `chronically
delayed flight' means a regularly scheduled flight that has
failed to arrive on time (as such term is defined in section
234.2 of title 14, Code of Federal Regulations) at least 40
percent of the time during the most recent 3-month period for
which data is available.
``(B) Chronically canceled flight.--The term `chronically
canceled flight' means a regularly scheduled flight at least
30 percent of the departures of which have been canceled
during the most recent 3-month period for which data is
available.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of enactment of
this Act.

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

(a) In General.--Subject to the availability of
appropriations, the Secretary of Transportation shall
investigate consumer complaints regarding--
(1) flight cancellations;
(2) compliance with Federal regulations concerning
overbooking seats flights;
(3) lost, damaged, or delayed baggage, and difficulties
with related airline claims procedures;

[[Page S1381]]

(4) problems in obtaining refunds for unused or lost
tickets or fare adjustments;
(5) incorrect or incomplete information about fares,
discount fare conditions and availability, overcharges, and
fare increases;
(6) the rights of passengers who hold frequent flier miles,
or equivalent redeemable awards earned through customer-
loyalty programs; and
(7) deceptive or misleading advertising.
(b) Budget Needs Report.--The Secretary shall provide, as
an annex to its annual budget request, an estimate of
resources which would have been sufficient to investigate all
such claims the Department of Transportation received in the
previous fiscal year. The annex shall be transmitted to the
Congress when the President submits the budget of the United
States to the Congress under section 1105 of title 31, United
States Code.

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

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

SEC. 405. DISCLOSURE OF PASSENGER FEES.

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

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

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

SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

SEC. 411. EAS CONNECTIVITY PROGRAM.

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

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

Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 40101 note) is amended by
striking ``September 30, 2007.'' and inserting ``September
30, 2011.''.

SEC. 413. EAS CONTRACT GUIDELINES.

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

SEC. 414. CONVERSION OF FORMER EAS AIRPORTS.

(a) In General.--Section 41745 is amended--
(1) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Conversion of Lost Eligibility Airports.--
``(1) In general.--The Secretary shall establish a program
to provide general aviation conversion funding for airports
serving eligible places that the Secretary has determined no
longer qualify for a subsidy.
``(2) Grants.--A grant under this subsection--
``(A) may not exceed twice the compensation paid to provide
essential air service to the airport in the fiscal year
preceding the fiscal year in which the Secretary determines
that the place served by the airport is no longer an eligible
place; and
``(B) may be used--
``(i) for airport development (as defined in section
47102(3)) that will enhance general aviation capacity at the
airport;
``(ii) to defray operating expenses, if such use is
approved by the Secretary; or
``(iii) to develop innovative air service options, such as
on-demand or air taxi operations, if such use is approved by
the Secretary.
``(3) AIP requirements.--An airport sponsor that uses funds
provided under this subsection for an airport development
project shall comply with the requirements of subchapter I of
chapter 471 applicable to airport development projects funded
under that subchapter with respect to the project funded
under this subsection.
``(4) Limitation.--The sponsor of an airport receiving
funding under this subsection is not eligible for funding
under section 41736.''.
(b) Conforming Amendment.--Section 41745(f), as
redesignated, is amended--
(1) by striking ``An eligible place'' and inserting
``Neither an eligible place, nor a place to which subsection
(c) applies,''; and
(2) by striking ``not''.

SEC. 415. EAS REFORM.

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

SEC. 416. SMALL COMMUNITY AIR SERVICE.

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

SEC. 417. EAS MARKETING.

The Secretary of Transportation shall require all
applications to provide service

[[Page S1382]]

under subchapter II of chapter 417 of title 49, United States
Code, include a marketing plan.

SEC. 418. RURAL AVIATION IMPROVEMENT.

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

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

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

``41749. Essential air service for eligible places above per passenger
subsidy cap''.
(b) Preferred Essential Air Service.--
(1) In general.--Subchapter II of chapter 417, as amended
by subsection (a), is further amended by adding after section
41749 the following:

`` 41750. Preferred essential air service

``(a) Proposals.--A State or local government may submit a
proposal to the Secretary of Transportation for compensation
for a preferred air carrier described in subsection (b) to
provide air transportation to an eligible place.
``(b) Preferred Air Carrier Described.--A preferred air
carrier described in this subsection is an air carrier that--
``(1) submits an application under section 41733(c) to
provide air transportation to an eligible place;
``(2) is not the air carrier that submits the lowest cost
bid to provide air transportation to the eligible place; and
``(3) is an air carrier that the affected community prefers
to provide air transportation to the eligible place instead
of the air carrier that submits the lowest cost bid.
``(c) Decisions.--Not later than 90 days after receiving a
proposal under subsection (a) for compensation for a
preferred air carrier described in subsection (b) to provide
air transportation to an eligible place, the Secretary
shall--
``(1) decide whether to provide compensation for the
preferred air carrier to provide air transportation to the
eligible place; and
``(2) approve the proposal if the State or local government
or a person is willing and able to pay the difference
between--
``(A) the rate of compensation the Secretary would provide
to the air carrier that submits the lowest cost bid to
provide air transportation to the eligible place; and
``(B) the rate of compensation the preferred air carrier
estimates to be necessary to provide air transportation to
the eligible place.
``(d) Compensation Payments.--
``(1) In general.--The Secretary shall pay compensation
under this section at such time and in such manner as the
Secretary determines is appropriate.
``(2) Duration of payments.--The Secretary shall continue
to pay compensation under this section only as long as--
``(A) the State or local government or person agreeing to
pay compensation under subsection (c)(2) continues to pay
such compensation; and
``(B) the Secretary decides the compensation is necessary
to maintain air transportation to the eligible place.
``(e) Review.--
``(1) In general.--The Secretary shall periodically review
the type and level of air service provided under this
section.
``(2) Consultation.--The Secretary may make appropriate
adjustments in the type and level of air service to an
eligible place under this section based on the review under
paragraph (1) and consultation with the affected community
and the State or local government or person agreeing to pay
compensation under subsection (c)(2).
``(f) Ending, Suspending, and Reducing Air
Transportation.--A preferred air carrier providing air
transportation to an eligible place under this section may
end, suspend, or reduce such air transportation if, not later
than 30 days before ending, suspending, or reducing such air
transportation, the preferred air carrier provides notice of
the intent of the preferred air carrier to end, suspend, or
reduce such air transportation to--
``(1) the Secretary;
``(2) the affected community; and
``(3) the State or local government or person agreeing to
pay compensation under subsection (c)(2).''.
(2) Clerical amendment.--The table of contents for chapter
417, as amended by subsection (a), is further amended by
adding after the item relating to section 41749 the following
new item:

``41750. Preferred essential air service''.

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

SUBTITLE C--MISCELLANEOUS

SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

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

``Sec. 47129. Resolution of airport-air carrier and foreign
air carrier disputes concerning airport fees'' ;
(2) by inserting ``and Foreign Air Carrier'' after
``Carrier''  in the heading for subsection (d);

[[Page S1383]]

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

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

SEC. 432. CONTRACT TOWER PROGRAM.

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

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

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

TITLE V-- SAFETY

SUBTITLE A--AVIATION SAFETY

SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN.

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

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

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

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

Section 44704(a) is amended by adding at the end the
following:
``(5) Release of data.--
``(A) Notwithstanding any other provision of law, the
Administrator may designate, without the consent of the owner
of record, engineering data in the agency's possession
related to a type certificate or a supplemental type
certificate for an aircraft, engine, propeller or appliance
as public data, and therefore releasable, upon request, to a
person seeking to maintain the airworthiness of such product,
if the Administrator determines that--
``(i) the certificate containing the requested data has
been inactive for 3 years;
``(ii) the owner of record, or the owner of record's heir,
of the type certificate or supplemental certificate has not
been located despite a search of due diligence by the agency;
and
``(iii) the designation of such data as public data will
enhance aviation safety.
``(B) In this section, the term `engineering data' means
type design drawings and specifications for the entire
product or change to the product, including the original
design data, and any associated supplier data for individual
parts or components approved as part of the particular
aeronautical product certificate.''.

SEC. 504. DESIGN ORGANIZATION CERTIFICATES.

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

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

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

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

``(a) Access to Records or Databases Systems.--
``(1) Notwithstanding section 534 of title 28 and the
implementing regulations for such section (28 C.F.R. part
20), the Administrator of the Federal Aviation Administration
is authorized to access a system of documented criminal
justice information maintained by the Department of Justice
or by a State but may do so only for the purpose of carrying
out its civil and administrative responsibilities to protect
the safety and security of the National Airspace System or to
support the missions of the Department of Justice, the
Department of Homeland Security, and other law enforcement
agencies. The Administrator shall be subject to the same
conditions or procedures established by the Department of
Justice or State for access to such an information system by
other governmental agencies with access to the system.
``(2) The Administrator may not use the access authorized
under paragraph (1) to conduct criminal investigations.
``(b) Designated Employees.--The Administrator shall, by
order, designate those employees of the Administration who
shall carry out the authority described in subsection (a).
Such designated employees may--
``(1) have access to and receive criminal history, driver,
vehicle, and other law enforcement information contained in
the law enforcement databases of the Department of Justice,
or of any jurisdiction in a State in the same manner as a
police officer employed by a State or local authority of that
State who is certified or commissioned under the laws of that
State;
``(2) use any radio, data link, or warning system of the
Federal Government and of any jurisdiction in a State that
provides information about wanted persons, be-on-the-lookout
notices, or warrant status or other officer safety
information to which a police officer employed by a State or
local authority in that State who is certified or commission
under the laws of that State has access and in the same
manner as such police officer; or
``(3) receive Federal, State, or local government
communications with a police officer employed by a State or
local authority in that State in the same manner as a police
officer employed by a State or local authority

[[Page S1384]]

in that State who is commissioned under the laws of that
State.
``(c) System of Documented Criminal Justice Information
Defined.--In this section the term `system of documented
criminal justice information' means any law enforcement
databases, systems, or communications containing information
concerning identification, criminal history, arrests,
convictions, arrest warrants, or wanted or missing persons,
including the National Crime Information Center and its
incorporated criminal history databases and the National Law
Enforcement Telecommunications System.''.
(b) Conforming Amendment.--The table of contents for
chapter 401 is amended by inserting after the item relating
to section 40129 the following:

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

SEC. 506. PILOT FATIGUE.

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

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

(a) Compliance Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of enactment of this Act,
helicopter and fixed wing aircraft certificate holders
providing emergency medical services shall comply with part
135 of title 14, Code of Federal Regulations, if there is a
medical crew on board, without regard to whether there are
patients on board.
(2) Exception.--If a certificate holder described in
paragraph (1) is operating under instrument flight rules or
is carrying out training therefor--
(A) the weather minimums and duty and rest time regulations
under such part 135 of such title shall apply; and
(B) the weather reporting requirement at the destination
shall not apply until such time as the Administrator of the
Federal Aviation Administration determines that portable,
reliable, and accurate ground-based weather measuring and
reporting systems are available.
(b) Implementation of Flight Risk Evaluation Program.--
(1) Initiation.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking--
(A) to create a standardized checklist of risk evaluation
factors based on Notice 8000.301, which was issued by the
Administration on August 1, 2005; and
(B) to require helicopter and fixed wing aircraft emergency
medical service operators to use the checklist created under
subparagraph (A) to determine whether a mission should be
accepted.
(2) Completion.--The rulemaking initiated under paragraph
(1) shall be completed not later than 18 months after it is
initiated.
(c) Comprehensive Consistent Flight Dispatch Procedures.--
(1) Initiation.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking--
(A) to require that helicopter and fixed wing emergency
medical service operators formalize and implement performance
based flight dispatch and flight-following procedures; and
(B) to develop a method to assess and ensure that such
operators comply with the requirements described in
subparagraph (A).
(2) Completion.--The rulemaking initiated under paragraph
(1) shall be completed not later than 18 months after it is
initiated.
(d) Improving Situational Awareness.--Within 1 year after
the date of enactment of this Act, any helicopter or fixed-
wing aircraft used for emergency medical service shall have
on board a device that performs the function of a terrain
awareness and warning system and a means of displaying that
information that meets the requirements of the applicable
Federal Aviation Administration Technical Standard Order or
other guidance prescribed by the Administrator.
(e) Improving the Data Available on Air Medical
Operations.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall require each certificate holder for
helicopters and fixed-wing aircraft used for emergency
medical service operations to report not later than 1 year
after the date of enactment of this Act and annually
thereafter on--
(A) the number of aircraft and helicopters used to provide
air ambulance services, the registration number of each of
these aircraft or helicopters, and the base location of each
of these aircraft or helicopters;
(B) the number of flights and hours flown by each such
aircraft or helicopter used by the certificate holder to
provide such services during the reporting period;
(C) the number of flights and the purpose of each flight
for each aircraft or helicopter used by the certificate
holder to provide such services during the reporting period;
(D) the number of flight requests for a helicopter
providing helicopter air ambulance services that were
accepted or declined by the certificate holder and the type
of each such flight request (such as scene response, inter-
facility transport, organ transport, or ferry or
repositioning flight);
(E) the number of accidents involving helicopters operated
by the certificate holder

[[Page S1385]]

while providing helicopter air ambulance services and a
description of the accidents;
(F) the number of flights and hours flown under instrument
flight rules by helicopters operated by the certificate
holder while providing helicopter air ambulance services;
(G) the time of day of each flight flown by helicopters
operated by the certificate holder while providing helicopter
air ambulance services; and
(H) The number of incidents where more helicopters arrive
to transport patients than is needed in a flight request or
scene response.
(2) Report to Congress.--The Administrator of the Federal
Aviation Administration shall report to Congress on the
information received pursuant to paragraph (1) of this
subsection no later than 18 months after the date of
enactment of this Act.
(f) Improving the Data Available to NTSB Investigators at
Crash Sites.--
(1) Study.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a report that indicates
the availability, survivability, size, weight, and cost of
devices that perform the function of recording voice
communications and flight data information on existing and
new helicopters and existing and new fixed wing aircraft used
for emergency medical service operations.
(2) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue regulations that require
devices that perform the function of recording voice
communications and flight data information on board aircraft
described in paragraph (1).

SEC. 508. CABIN CREW COMMUNICATION.

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

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

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

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

(a) In General.--
(1) Annual minimum required navigation performance
procedures.--The Administrator shall set a target of
achieving a minimum of 200 Required Navigation Performance
procedures each fiscal year through fiscal year 2012, with 25
percent of that target number meeting the low visibility
approach criteria consistent with the NextGen Implementation
Plan.
(2) Use of third parties.--The Administrator is authorized
to provide third parties the ability to design, flight check,
and implement Required Navigation Performance approach
procedures.
(b) DOT Inspector General Review of Operational and
Approach Procedures by a Third Party.--
(1) Review.--The Inspector General of the Department of
Transportation shall conduct a review regarding the
effectiveness of the oversight activities conducted by the
Administration in connection with any agreement with or
delegation of authority to a third party for the development
of flight procedures, including public use procedures, for
the National Airspace System.
(2) Assessments.--The Inspector General shall include, at a
minimum, in the review--
(A) an assessment of the extent to which the Administration
is relying or intends to rely on a third party for the
development of new procedures and a determination of whether
the Administration has established sufficient mechanisms and
staffing to provide safety oversight functions, which may
include quality assurance processes, flight checks,
integration of procedures into the National Aviation System,
and operational assessments of procedures developed by third
parties; and
(B) an assessment regarding whether the Administration has
sufficient existing personnel and technical resources or
mechanisms to develop such flight procedures in a safe and
efficient manner to meet the demands of the National Airspace
System without the use of third party resources.
(c) Report.--No later than 1 year after the date of
enactment of this Act, the Inspector General shall submit to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure a report on the results of the review
conducted under this section.

SEC. 511. IMPROVED SAFETY INFORMATION.

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

SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS
IMPROVEMENTS.

(a) In General.--Within 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall--
(1) take such action as may be necessary to ensure that the
Voluntary Disclosure Reporting Process requires inspectors--
(A) to evaluate corrective action proposed by an air
carrier with respect to a matter disclosed by that air
carrier is sufficiently comprehensive in scope and
application and applies to all affected aircraft operated by
that air carrier before accepting the proposed voluntary
disclosure;
(B) to verify that corrective action so identified by an
air carrier is completed within the timeframe proposed; and
(C) to verify by inspection that the carrier's corrective
action adequately corrects the problem that was disclosed;
and
(2) establish a second level supervisory review of
disclosures under the Voluntary Disclosure Reporting Process
before any proposed disclosure is accepted and closed that
will ensure that a matter disclosed by an air carrier--
(A) has not been previously identified by a Federal
Aviation Administration inspector; and
(B) has not been previously disclosed by the carrier in the
preceding 5 years.
(b) GAO Study.--
(1) In general.--The Comptroller General shall conduct a
study of the Voluntary Disclosure Reporting Program.
(2) Review.--In conducting the study, the Comptroller
General shall examine, at a minimum, whether--
(A) there is evidence that voluntary disclosure is
resulting in regulated entities discovering and correcting
violations to a greater extent than would otherwise occur if
there was no program for immunity from enforcement action;
(B) the voluntary disclosure program makes the Federal
Aviation Administration aware of violations that it would not
have discovered if there was not a program, and if a
violation is disclosed voluntarily, whether the
Administration insists on stronger corrective actions than
would have occurred if

[[Page S1386]]

the regulated entity knew of a violation, but the
Administration did not;
(C) the information the Administration gets under the
program leads to fewer violations by other entities, either
because the information leads other entities to look for
similar violations or because the information leads
Administration investigators to look for similar violations
at other entities; and
(D) there is any evidence that voluntary disclosure has
improved compliance with regulations, either for the entities
making disclosures or for the industry generally.
(3) Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the results of the study
conducted under this subsection.

SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPECTIONS.

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

SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES.

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

SEC. 515. NATIONAL REVIEW TEAM.

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

SEC. 516. FAA ACADEMY IMPROVEMENTS.

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

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

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

SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.

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

[[Page S1387]]

``(7) Annual reports to congress.--Not later than October 1
of each year, the Director shall submit to Congress a report
containing--
``(A) information on the number of submissions of
complaints and information received by the Director under
paragraph (3)(A)(i) in the preceding 12-month period;
``(B) summaries of those submissions;
``(C) summaries of further investigations and corrective
actions recommended in response to the submissions; and
``(D) summaries of the responses of the Administrator to
such recommendations.''.

SEC. 519. MODIFICATION OF CUSTOMER SERVICE INITIATIVE.

(a) Modification of Initiative.--Not later than 90 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall modify the customer
service initiative, mission and vision statements, and other
statements of policy of the Administration--
(1) to remove any reference to air carriers or other
entities regulated by the Administration as ``customers'';
(2) to clarify that in regulating safety the only customers
of the Administration are members of the traveling public;
and
(3) to clarify that air carriers and other entities
regulated by the Administration do not have the right to
select the employees of the Administration who will inspect
their operations.
(b) Safety Priority.--In carrying out the Administrator's
responsibilities, the Administrator shall ensure that safety
is given a higher priority than preventing the
dissatisfaction of an air carrier or other entity regulated
by the Administration with an employee of the Administration.

SEC. 520. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT
SYSTEM DATABASE.

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

SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS.

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

`` 44730. Inspection of foreign repair stations

``(a) In General.--Within 1 year after the date of
enactment of the FAA Air Transportation Modernization and
Safety Improvement Act the Administrator of the Federal
Aviation Administration shall establish and implement a
safety assessment system for all part 145 repair stations
based on the type, scope, and complexity of work being
performed. The system shall--
``(1) ensure that repair stations outside the United States
are subject to appropriate inspections based on identified
risk and consistent with existing United States requirements;
``(2) consider inspection results and findings submitted by
foreign civil aviation authorities operating under a
maintenance safety or maintenance implementation agreement
with the United States in meeting the requirements of the
safety assessment system; and
``(3) require all maintenance safety or maintenance
implementation agreements to provide an opportunity for the
Federal Aviation Administration to conduct independent
inspections of covered part 145 repair stations when safety
concerns warrant such inspections.
``(b) Notice to Congress of Negotiations.--The
Administrator shall notify the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure within 30 days
after initiating formal negotiations with foreign aviation
authorities or other appropriate foreign government agencies
on a new maintenance safety or maintenance implementation
agreement.
``(c) Annual Report.--The Administrator shall publish an
annual report on the Federal Aviation Administration's
oversight of part 145 repair stations and implementation of
the safety assessment system required by subsection (a). The
report shall--
``(1) describe in detail any improvements in the Federal
Aviation Administration's ability to identify and track where
part 121 air carrier repair work is performed;
``(2) include a staffing model to determine the best
placement of inspectors and the number of inspectors needed;
``(3) describe the training provided to inspectors; and
``(4) include an assessment of the quality of monitoring
and surveillance by the Federal Aviation Administration of
work provided by its inspectors and the inspectors of foreign
authorities operating under a maintenance safety or
implementation agreement.
``(d) Alcohol and Controlled Substance Testing Program
Requirements.--
``(1) In general.--The Secretaries of State and
Transportation jointly shall request the governments of
foreign countries that are members of the International Civil
Aviation Organization to establish international standards
for alcohol and controlled substances testing of persons that
perform safety sensitive maintenance functions upon
commercial air carrier aircraft.
``(2) Application to part 121 aircraft work.--Within 1 year
after the date of enactment of the FAA Air Transportation
Modernization and Safety Improvement Act the Administrator
shall promulgate a proposed rule requiring that all part 145
repair station employees responsible for safety-sensitive
functions on part 121 air carrier aircraft are subject to an
alcohol and controlled substance testing program determined
acceptable by the Administrator and consistent with the
applicable laws of the country in which the repair station is
located.
``(e) Biannual Inspections.--The Administrator shall
require part 145 repair stations to be inspected twice each
year by Federal Aviation Administration safety inspectors,
regardless of where the station is located, in a manner
consistent with United States obligations under international
agreements.
``(f) Definitions.--In this section:
``(1) Part 121 air carrier.--The term `part 121 air
carrier' means an air carrier that holds a certificate issued
under part 121 of title 14, Code of Federal Regulations.
``(2) Part 145 repair station.--The term `part 145 repair
station' means a repair station that holds a certificate
issued under part 145 of title 14, Code of Federal
Regulations.''.
(b) Conforming Amendment.--The table of contents for
chapter 447 is amended by adding at the end thereof the
following:

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

SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS.

(a) Regulations.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue regulations requiring
that all covered maintenance work on aircraft used to provide
air transportation under part 121 of title 14, Code of
Federal Regulations, be performed by individuals in
accordance with subsection (b).
(b) Persons Authorized To Perform Certain Work.--No
individual may perform covered maintenance work on aircraft
used to provide air transportation under part 121 of title
14, Code of Federal Regulations unless that individual is
employed by--
(1) a part 121 air carrier;
(2) a part 145 repair station or a person authorized under
section 43.17 of title 14, Code of Federal Regulations;
(3) a person that provides contract maintenance workers or
services to a part 145 repair station or part 121 air
carrier, and the individual--
(A) meets the requirements of the part 121 air carrier or
the part 145 repair station;
(B) performs the work under the direct supervision and
control of the part 121 air carrier or the part 145 repair
station directly in charge of the maintenance services; and
(C) carries out the work in accordance with the part 121
air carrier's maintenance manual;
(4) by the holder of a type certificate, production
certificate, or other production approval issued under part
21 of title 14, Code of Federal Regulations, and the holder
of such certificate or approval--
(A) originally produced, and continues to produce, the
article upon which the work is to be performed; and
(B) is acting in conjunction with a part 121 air carrier or
a part 145 repair station.
(d) Definitions.--In this section:
(1) Covered maintenance work.--The term ``covered
maintenance work'' means maintenance work that is essential
maintenance, regularly scheduled maintenance, or a required
inspection item, as determined by the Administrator.
(2) Part 121 air carrier.--The term ``part 121 air
carrier'' has the meaning given that term in section
44730(f)(1) of title 49, United States Code.
(3) Part 145 repair station.--The term ``part 145 repair
station'' has the meaning given that term in section
44730(f)(2) of title 49, United States Code.

SUBTITLE B--FLIGHT SAFETY

SEC. 551. FAA PILOT RECORDS DATABASE.

(a) Records of Employment of Pilot Applicants.--Section
44703(h) is amended by adding at the end the following:
``(16) Applicability.--This subsection shall cease to be
effective on the date specified in regulations issued under
subsection (i).''.

[[Page S1388]]

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

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

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

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

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

``(I) Records that are generated by the air carrier or
other person after the date of enactment of the FAA Air
Transportation Modernization and Safety Improvement Act.
``(II) Records that the air carrier or other person is
maintaining, on such date of enactment, pursuant to
subsection (h)(4).

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

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

``(10) Periodic review.--Not later than 18 months after the
date of enactment of the FAA Air Transportation Modernization
and Safety Improvement Act, and at least once every 3 years
thereafter, the Administrator shall transmit to Congress a
statement that contains, taking into account recent
developments in the aviation industry--
``(A) recommendations by the Administrator concerning
proposed changes to Federal Aviation Administration records,
air carrier records, and other records required to be
included in the database under paragraph (2); or
``(B) reasons why the Administrator does not recommend any
proposed changes to the records referred to in subparagraph
(A).
``(11) Regulations for protection and security of
records.--The Administrator shall prescribe such regulations
as may be necessary--
``(A) to protect and secure--
``(i) the personal privacy of any individual whose records
are accessed under paragraph (1); and
``(ii) the confidentiality of those records; and
``(B) to preclude the further dissemination of records
received under paragraph (1) by the person who accessed the
records.
``(12) Good faith exception.--Notwithstanding paragraph
(1), an air carrier may allow an individual to begin service
as a pilot, without first obtaining information described in
paragraph (2)(B) from the database pertaining to the
individual, if--
``(A) the air carrier has made a documented good faith
attempt to access the information from the database; and
``(B) has received written notice from the Administrator
that the information is not contained in the database because
the individual was employed by an air carrier or other person
that no longer exists or by a foreign government or other
entity that has not provided the information to the database.
``(13) Limitations on electronic access to records.--
``(A) Access by individuals designated by air carriers.--
For the purpose of increasing timely and efficient access to
records described in paragraph (2), the Administrator may
allow, under terms established by the Administrator, an
individual designated by an air carrier to have electronic
access to the database.
``(B) Terms.--The terms established by the Administrator
under subparagraph (A) for allowing a designated individual
to have electronic access to the database shall limit such
access to instances in which information in the database is
required by the designated individual in making a hiring
decision concerning a pilot applicant and shall require that
the designated individual provide assurances satisfactory to
the Administrator that--

[[Page S1389]]

``(i) the designated individual has received the written
consent of the pilot applicant to access the information; and
``(ii) information obtained using such access will not be
used for any purpose other than making the hiring decision.
``(14) Regulations.--
``(A) In general.--The Administrator shall issue
regulations to carry out this subsection.
``(B) Effective date.--The regulations shall specify the
date on which the requirements of this subsection take effect
and the date on which the requirements of subsection (h)
cease to be effective.
``(C) Exceptions.--Notwithstanding subparagraph (B)--
``(i) the Administrator shall begin to establish the
database under paragraph (2) not later than 90 days after the
date of enactment of the FAA Air Transportation Modernization
and Safety Improvement Act;
``(ii) the Administrator shall maintain records in
accordance with paragraph (5) beginning on the date of
enactment of that Act; and
``(iii) air carriers and other persons shall maintain
records to be reported to the database under paragraph (4)(B)
in the period beginning on such date of enactment and ending
on the date that is 5 years after the requirements of
subsection (h) cease to be effective pursuant to subparagraph
(B).
``(15) Special rule.--During the one-year period beginning
on the date on which the requirements of this section become
effective pursuant to paragraph (15)(B), paragraph (7)(A)
shall be applied by substituting `45 days' for `30 days'.''.
(c) Conforming Amendments.--
(1) Limitation on liability; preemption of state law.--
Section 44703(j) (as redesignated by subsection (b)(1) of
this section) is amended--
(A) in the subsection heading by striking ``Limitation''
and inserting ``Limitations'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A) by striking
``paragraph (2)'' and inserting ``subsection (h)(2) or
(i)(3)'';
(ii) in subparagraph (A) by inserting ``or accessing the
records of that individual under subsection (i)(1)'' before
the semicolon; and
(iii) in the matter following subparagraph (D) by striking
``subsection (h)'' and inserting ``subsection (h) or (i)'';
(C) in paragraph (2) by striking ``subsection (h)'' and
inserting ``subsection (h) or (i)'';
(D) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``or who furnished information to the
database established under subsection (i)(2)'' after
``subsection (h)(1)''; and
(E) by adding at the end the following:
``(4) Prohibition on actions and proceedings against air
carriers.--
``(A) Hiring decisions.--An air carrier may refuse to hire
an individual as a pilot if the individual did not provide
written consent for the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not execute the
release from liability requested under subsection (h)(2)(B)
or (i)(3)(B).
``(B) Actions and proceedings.--No action or proceeding may
be brought against an air carrier by or on behalf of an
individual who has applied for or is seeking a position as a
pilot with the air carrier if the air carrier refused to hire
the individual after the individual did not provide written
consent for the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not execute a
release from liability requested under subsection (h)(2)(B)
or (i)(3)(B).''.
(2) Limitation on statutory construction.--Section 44703(k)
(as redesignated by subsection (b)(1) of this section) is
amended by striking ``subsection (h)'' and inserting
``subsection (h) or (i)''.

SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS.

(a) In General.--Within 60 days after the date of enactment
of this Act, the Administrator shall initiate and complete a
rulemaking to require part 121 air carriers--
(1) to implement, as part of their safety management
systems--
(A) an Aviation Safety Action Program;
(B) a Flight Operations Quality Assurance Program;
(C) a Line Operational Safety Audit Program; and
(D) a Flight Crew Fatigue Risk Management Program;
(2) to implement appropriate privacy protection safeguards
with respect to data included in such programs; and
(3) to provide appropriate collaboration and operational
oversight of regional/commuter air carriers by affiliated
major air carriers that include--
(A) periodic safety audits of flight operations;
(B) training, maintenance, and inspection programs; and
(C) provisions for the exchange of safety information.
(b) Effect on Advanced Qualification Program.--
Implementation of the programs under subsection (a)(1)
neither limits nor invalidates the Federal Aviation
Administration's advanced qualification program.
(c) Limitations on Discipline and Enforcement.--The
Administrator shall require that each of the programs
described in subsection (a)(1)(A) and (B) establish
protections for an air carrier or employee submitting data or
reports against disciplinary or enforcement actions by any
Federal agency or employer. The protections shall not be less
than the protections provided under Federal Aviation
Administration Advisory Circulars governing those programs,
including Advisory Circular AC No. 120-66 and AC No. 120-82.
(d) CVR Data.--The Administrator, acting in collaboration
with aviation industry interested parties, shall consider the
merits and feasibility of incorporating cockpit voice
recorder data in safety oversight practices.
(e) Enforcement Consistency.--Within 9 months after the
date of enactment of this Act, the Administrator shall--
(1) develop and implement a plan that will ensure that the
FAA's safety enforcement plan is consistently enforced; and
(2) ensure that the FAA's safety oversight program is
reviewed periodically and updated as necessary.

SEC. 553. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY
RECOMMENDATIONS.

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

SEC. 554. IMPROVED FLIGHT OPERATIONAL QUALITY ASSURANCE,
AVIATION SAFETY ACTION, AND LINE OPERATIONAL
SAFETY AUDIT PROGRAMS.

(a) Limitation on Disclosure and Use of Information.--
(1) In general.--Except as provided by this section, a
party in a judicial proceeding may not use discovery to
obtain--
(A) an Aviation Safety Action Program report;
(B) Flight Operational Quality Assurance Program data; or
(C) a Line Operations Safety Audit Program report.
(2) FOIA not applicable.--Section 522 of title 5, United
States Code, shall not apply to reports or data described in
paragraph (1).
(3) Exceptions.--Nothing in paragraph (1) or (2) prohibits
the FAA from disclosing information contained in reports or
data described in paragraph (1) if withholding the
information would not be consistent with the FAA's safety
responsibilities, including--
(A) a summary of information, with identifying information
redacted, to explain the need for changes in policies or
regulations;
(B) information provided to correct a condition that
compromises safety, if that condition continues uncorrected;
or
(C) information provided to carry out a criminal
investigation or prosecution.
(b) Permissible Discovery for Such Reports and Data.--
Except as provided in subsection (c), a court may allow
discovery by a party of an Aviation Safety Action Program
report, Flight Operational Quality Assurance Program data, or
a Line Operations Safety Audit Program report if, after an in
camera review of the information, the court determines that a
party to a claim or defense in the proceeding shows a
particularized need for the report or data that outweighs the
need for confidentiality of the report or data, considering
the confidential nature of the report or data, and upon a
showing that the report or data is both relevant to the
preparation of a claim or defense and not otherwise known or
available.
(c) Protective Order.--When a court allows discovery, in a
judicial proceeding, of an Aviation Safety Action Program
report, Flight Operational Quality Assurance Program data, or
a Line Operations Safety Audit Program report, the court
shall issue a protective order--

[[Page S1390]]

(1) to limit the use of the information contained in the
report or data to the judicial proceeding;
(2) to prohibit dissemination of the report or data to any
person that does not need access to the report for the
proceeding; and
(3) to limit the use of the report or data in the
proceeding to the uses permitted for privileged self-analysis
information as defined under the Federal Rules of Evidence.
(d) Sealed Information.--A court may allow an Aviation
Safety Action Program report, Flight Operational Quality
Assurance Program data, or a Line Operations Safety Audit
Program report to be admitted into evidence in a judicial
proceeding only if the court places the report or data under
seal to prevent the use of the report or data for purposes
other than for the proceeding.
(e) Safety Recommendations.--This section does not prevent
the National Transportation Safety Board from referring at
any time to information contained in an Aviation Safety
Action Program report, Flight Operational Quality Assurance
Program data, or a Line Operations Safety Audit Program
report in making safety recommendations.
(f) Waiver.--Any waiver of the privilege for self-analysis
information by a protected party, unless occasioned by the
party's own use of the information in presenting a claim or
defense, must be in writing.

SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, TESTING, AND
CERTIFICATION REQUIREMENTS.

(a) Training and Testing.--The Administrator shall develop
and implement a plan for reevaluation of flight crew training
regulations in effect on the date of enactment of this Act,
including regulations for--
(1) classroom instruction requirements governing curriculum
content and hours of instruction;
(2) crew leadership training; and
(3) initial and recurrent testing requirements for pilots,
including the rigor and consistency of testing programs such
as check rides.
(b) Best Practices.--The plan shall incorporate best
practices in the aviation industry with respect to training
protocols, methods, and procedures.
(c) Certification.--The Administrator shall initiate a
rulemaking to re-evaluate FAA regulations governing the
minimum requirements--
(1) to become a commercial pilot;
(2) to receive an Air Transport Pilot Certificate to become
a captain; and
(3) to transition to a new type of aircraft.
(d) Remedial Training Programs.--
(1) In general.--The Administrator shall initiate a
rulemaking to require part 121 air carriers to establish
remedial training programs for flightcrew members who have
demonstrated performance deficiencies or experienced failures
in the training environment.
(2) Deadlines.--The Administrator shall--
(A) not later than 180 days after the date of enactment of
this Act, issue a notice of proposed rulemaking under
paragraph (1); and
(B) not later than 24 months after the date of enactment of
this Act, issue a final rule for the rulemaking.
(e) Stick Pusher Training and Weather Event Training.--
(1) Multidisciplinary panel.--Not later than 120 days after
the date of enactment of this Act, the Administrator shall
convene a multidisciplinary panel of specialists in aircraft
operations, flightcrew member training, human factors, and
aviation safety to study and submit to the Administrator a
report on methods to increase the familiarity of flightcrew
members with, and improve the response of flightcrew members
to, stick pusher systems, icing conditions, and microburst
and windshear weather events.
(2) Report to congress.--Not later than one year after the
date on which the Administrator convenes the panel, the
Administrator shall--
(A) submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation based on
the findings of the panel; and
(B) with respect to stick pusher systems, initiate
appropriate actions to implement the recommendations of the
panel.

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

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

SEC. 557. FLIGHTCREW MEMBER SCREENING AND QUALIFICATIONS.

(a) Requirements.--The Administrator of the Federal
Aviation Administration shall conduct a rulemaking proceeding
to require part 121 air carriers to develop and implement
means and methods for ensuring that flightcrew members have
proper qualifications and experience.
(b) Minimum Experience Requirement.--The final rule
prescribed under subsection (a) shall, among any other
requirements established by the rule, require that a pilot
have no less than 750 hours of flight time before serving as
a flightcrew member for a part 121 air carrier.
(c) Deadlines.--The Administrator shall issue--
(1) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection
(a); and
(2) not later than December 31, 2011, a final rule under
subsection (a).
(d) Default Requirements.--If the Administrator fails to
meet the deadline established by subsection (c))(2), then all
flightcrew members for part 121 air carriers shall meet the
requirements established by subpart G of part 61 of the
Federal Aviation Administration's regulations (14 C.F.R.
61.151 et seq.).
(e) Definitions.--In this section:
(1) Flightcrew member.--The term ``flightcrew member'' has
the meaning given that term in section 1.1 of the Federal
Aviation Administration's regulations (14 C.F.R. 1.1)).
(2) Part 121 air carrier.--The term ``part 121 air
carrier'' has the meaning given that term by section
41720(d)(1) of title 49, United States Code.

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

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

`` 44731. Use of certain devices on flight deck

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

[[Page S1391]]

(2) by striking ``title.'' in paragraph (9) and inserting
``title; or''; and
(3) by adding at the end the following:
``(10) violate section 44730 of this title or any
regulation issued thereunder.''.
(c) Conforming Amendment.--The table of contents for
chapter 447 is amended by adding at the end thereof the
following:

``44731. Use of certain devices on flight deck''.
(d) Regulations.--Within 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a rulemaking procedure for regulations under section
44730 of title 49, United States Code, and shall issue a
final rule thereunder within 1 year after the date of
enactment of this Act.

SEC. 559. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.

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

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

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

SEC. 561. OVERSIGHT OF PILOT TRAINING SCHOOLS.

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

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

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

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

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

``44732. Training of flight attendants and gate agents''.
(c) Rulemaking.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Transportation
shall issue regulations to carry out section 44730 of title
49, United States Code, as added by subsection (a).

SEC. 563. DEFINITIONS.

In this subtitle:
(1) Aviation safety action program.--The term ``Aviation
Safety Action Program'' means the program described under
Federal Aviation Administration Advisory Circular No. 120-66B
that permits employees of participating air carriers and
repair station certificate holders to identify and report
safety issues to management and to the Administration for
resolution.
(2) Administrator.--The term ``Administrator'' means the
Administrator.
(3) Air carrier.--The term ``air carrier'' has the meaning
given that term by section 40102(2) of title 49, United
States Code.
(4) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(5) Flight operational quality assurance program.--The term
``Flight Operational Quality Assurance Program'' means the
voluntary safety program authorized under section 13.401 of
title 14, Code of Federal Regulations, that permits
commercial air carriers and pilots to share confidential
aggregate information with the Administration to permit the
Administration to target resources to address operational
risk issues.
(6) Line Operations Safety Audit Program.--The term ``Line
Operations Safety Audit Program'' has the meaning given that
term by Federal Aviation Administration Advisory Circular
Number 120-90.
(7) Part 121 air carrier.--The term ``part 121 air
carrier'' has the meaning given that term by section
41719(d)(1) of title 49, United States Code.

TITLE VI--AVIATION RESEARCH

SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM.

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

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

(a) Establishment of Research Program.--From amounts made
available under section 48102(a) of title 49, United States
Code, the Administrator of the Federal Aviation
Administration shall establish a research program related to
reducing civilian aircraft energy use, emissions, and source
noise with equivalent safety through grants or other
measures, which may include cost-sharing, authorized under
section 106(l)(6) of such title, including reimbursable
agreements with other Federal agencies.
(b) Establishment of Consortium.--
(1) Designation as consortium.--Not later than 180 days
after the date of the enactment of this Act, the
Administrator shall designate, using a competitive process,
one or more institutions or entities described in paragraph
(2) as a Consortium for Continuous Low Energy, Emissions, and
Noise (CLEEN) to perform research in accordance with this
section.
(2) Participation.--The Administrator shall include
educational and research institutions or private sector
entities that have existing facilities and experience for
developing and testing noise, emissions and energy reduction
engine and aircraft technology, and developing alternative
fuels in the research program required by subsection (a).

[[Page S1392]]

(3) Coordination mechanisms.--In conducting the research
program, the Consortium designated under paragraph (1)
shall--
(A) coordinate its activities with the Department of
Agriculture, the Department of Energy, the National
Aeronautics and space Administration, and other relevant
Federal agencies; and
(B) consult on a regular basis with the Commercial Aviation
Alternative Fuels Initiative.
(c) Performance Objectives.--Not later than January 1,
2016, the research program shall accomplish the following
objectives:
(1) Certifiable aircraft technology that reduces fuel burn
33 percent compared to current technology, reducing energy
consumption and carbon dioxide emissions.
(2) Certifiable engine technology that reduces landing and
takeoff cycle nitrogen oxide emissions by 60 percent, at a
pressure ratio of 30 over the International Civil Aviation
Organization standard adopted at the 6th Meeting of the
Committee on Aviation Environmental Protection, with
commensurate reductions over the full pressure ratio range,
while limiting or reducing other gaseous or particle
emissions.
(3) Certifiable aircraft technology that reduces noise
levels by 32 Effective Perceived Noise in decibels (EPNdb)
cumulative, relative to Stage 4 standards.
(4) Advance qualification and environmental assurance of
alternative aviation fuels to support a goal of having 20
percent of the jet fuel available for purchase by United
States commercial airlines and cargo carriers be alternative
fuels.
(5) Determination of the extent to which new engine and
aircraft technologies may be used to retrofit or re-engine
aircraft so as to increase the level of penetration into the
commercial fleet.

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

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

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

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

SEC. 605. ADVISORY COMMITTEE ON FUTURE OF AERONAUTICS.

(a) Establishment.--There is established an advisory
committee to be know as the ``Advisory Committee on the
Future of Aeronautics''.
(b) Membership.--The Advisory Committee shall consist of 7
members appointed by the President from a list of 15
candidates proposed by the Director of the National Academy
of Sciences.
(c) Chairperson.--The Advisory Committee members shall
elect 1 member to serve as chairperson of the Advisory
Committee.
(d) Functions.--The Advisory Committee shall examine the
best governmental and organizational structures for the
conduct of civil aeronautics research and development,
including options and recommendations for consolidating such
research to ensure continued United States leadership in
civil aeronautics. The Committee shall consider transferring
responsibility for civil aeronautics research and development
from the National Aeronautics and Space Administration to
other existing departments or agencies of the Federal
Government or to a non-governmental organization such as
academic consortia or not-for-profit organizations. In
developing its recommendations, the Advisory Committee shall
consider, as appropriate, the aeronautics research policies
developed pursuant to section 101(d) of Public Law 109-155
and the requirements and priorities for aeronautics research
established by title IV of Public Law 109-155.
(e) Report.--Not later than 12 months after the date on
which the full membership of the Advisory Committee is
appointed, the Advisory Committee shall submit a report to
the Senate Committee on Commerce, Science, and Transportation
and the House Committees on Science and Technology and on
Transportation and Infrastructure on its findings and
recommendations. The report may recommend a rank ordered list
of acceptable solutions.
(f) Termination.--The Advisory Committee shall terminate 60
days after the date on which it submits the report to the
Congress.

SEC. 606. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

(a) Continuation of Program.--The Administrator of the
Federal Aviation Administration shall continue the program to
consider awards to nonprofit concrete and asphalt pavement
research foundations to improve the design, construction,
rehabilitation, and repair of airfield pavements to aid in
the development of safer, more cost effective, and more
durable airfield pavements.
(b) Use of Grants or Cooperative Agreements.--The
Administrator may use grants or cooperative agreements in
carrying out this section.

SEC. 607. WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER
RESEARCH.

Within 60 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall--
(1) initiate evaluation of proposals that would increase
capacity throughout the air transportation system by reducing
existing spacing requirements between aircraft of all sizes,
including research on the nature of wake vortices;
(2) begin implementation of a system to improve volcanic
ash avoidance options for aircraft, including the development
of a volcanic ash warning and notification system for
aviation; and
(3) establish research projects on--
(A) ground de-icing/anti-icing, ice pellets, and freezing
drizzle;
(B) oceanic weather, including convective weather;
(C) en route turbulence prediction and detection; and
(D) all hazards during oceanic operations, where commercial
traffic is high and only rudimentary satellite sensing is
available, to reduce the hazards presented to commercial
aviation.

SEC. 608. INCORPORATION OF UNMANNED AIRCRAFT SYSTEMS INTO FAA
PLANS AND POLICIES.

(a) Research.--
(1) Equipment.--Section 44504, as amended by section 216 of
this Act, is further amended--
(A) by inserting ``unmanned and manned'' in subsection (a)
after ``improve'';
(B) by striking ``and'' after the semicolon in subsection
(b)(7);
(C) by striking ``emitted.'' in subsection (b)(8) and
inserting ``emitted; and''; and
(D) by adding at the end of subsection (b) the following:
``(9) in conjunction with other Federal agencies as
appropriate, to develop technologies and methods to assess
the risk of and prevent defects, failures, and malfunctions
of products, parts, and processes, for use in all classes of
unmanned aircraft systems that could result in a catastrophic
failure.''.
(2) Human Factors; Simulations.--Section 44505(b) is
amended--
(A) by striking ``and'' after the semicolon in paragraph
(4);
(B) by striking ``programs.'' in paragraph (5)(C) and
inserting ``programs; and''; and
(C) by adding at the end thereof the following:
``(6) to develop a better understanding of the relationship
between human factors and unmanned aircraft systems air
safety; and
``(7) to develop dynamic simulation models of integrating
all classes of unmanned aircraft systems into the National
Airspace System.''.
(b) National Academy of Sciences Assessment.--
(1) In general.--Within 3 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall enter into an arrangement with
the National Academy of Sciences for an assessment of
unmanned aircraft systems that may include consideration of--
(A) human factors regarding unmanned aircraft systems
operation;
(B) ``detect, sense and avoid technologies'' with respect
to both cooperative and non-cooperative aircraft;
(C) spectrum issues and bandwidth requirements;
(D) operation in suboptimal winds and adverse weather
conditions;
(E) mechanisms such as the use of transponders for letting
other entities know

[[Page S1393]]

where the unmanned aircraft system is flying;
(F) airworthiness and system redundancy;
(G) flight termination systems for safety and security;
(H) privacy issues;
(I) technologies for unmanned aircraft systems flight
control;
(J) technologies for unmanned aircraft systems propulsion;
(K) unmanned aircraft systems operator qualifications,
medical standards, and training requirements;
(L) unmanned aircraft systems maintenance requirements and
training requirements; and
(M) any other unmanned aircraft systems-related issue the
Administrator believes should be addressed.
(2) Report.--Within 12 months after initiating the study,
the National Academy shall submit its report to the
Administrator, the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure containing its findings and
recommendations.
(c) Pilot Projects.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish 3 2-year cost-shared
pilot projects in sparsely populated, low-density Class G air
traffic airspace new test sites to conduct experiments and
collect data in order to accelerate the safe integration of
unmanned aircraft systems into the National Airspace System
as follows:
(A) 1 project shall address operational issues required for
integration of Category 1 unmanned aircraft systems defined
as analogous to RC models covered in the FAA Advisory
Circular AC 91-57.
(B) 1 project shall address operational issues required for
integration of Category 2 unmanned aircraft systems defined
as non-standard aircraft that perform special purpose
operations. Operators must provide evidence of airworthiness
and operator qualifications.
(C) 1 project shall address operational issues required for
integration of Category 3 unmanned aircraft systems defined
as capable of flying throughout all categories of airspace
and conforming to part 91 of title 14, Code of Federal
Regulations.
(D) All 3 pilot projects shall be operational no later than
6 months after being established.
(2) Use of consortia.--In conducting the pilot projects,
the Administrator shall encourage the formation of
participating consortia from the public and private sectors,
educational institutions, and non-profit organization.
(3) Report.--Within 90 days after completing the pilot
projects, the Administrator shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure setting forth the Administrator's findings and
conclusions concerning the projects.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator for fiscal years 2010
and 2011 such sums as may be necessary to conduct the pilot
projects.
(d) Unmanned Aircraft Systems Roadmap.--Within 30 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall approve and make
available in print and on the Administration's website a 5-
year ``roadmap'' for the introduction of unmanned aircraft
systems into the National Airspace System being coordinated
by its Unmanned Aircraft Program Office. The Administrator
shall update the ``roadmap'' annually.
(e) Updated Policy Statement.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall
issue a notice of proposed rulemaking to update the
Administration's most recent policy statement on unmanned
aircraft systems, Docket No. FAA-2006-25714.
(f) Expanding the Use of UAS in the Arctic.--Within 6
months after the date of enactment of this Act, the
Administrator, in consultation with the National Oceanic and
Atmospheric Administration, the Coast Guard, and other
Federal agencies as appropriate, shall identify permanent
areas in the Arctic where small unmanned aircraft may operate
24 hours per day from 2000 feet to the surface and beyond
line-of-sight for research and commercial purposes. Within 12
months after the date of enactment of this Act, the
Administrator shall have established and implemented a single
process for approving unmanned aircraft use in the designated
arctic regions regardless of whether the unmanned aircraft is
used as a public aircraft, a civil aircraft, or as a model
aircraft.
(g) Defintions.--In this section:
(1) Arctic.--The term ``Arctic'' means the United States
zone of the Chukchi, Beaufort, and Bering Sea north of the
Aleutian chain.
(2) Permanent areas.--The term ``permanent areas'' means
areas on land or water that provide for terrestrial launch
and recovery of small unmanned aircraft.

SEC. 609. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED
RESEARCH AND TRAINING IN THE USE OF ADVANCED
MATERIALS IN TRANSPORT AIRCRAFT.

Section 708(b) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 44504 note) is amended by
striking ``$500,000 for fiscal year 2004'' and inserting
``$1,000,000 for each of fiscal years 2008 through 2012''.

SEC. 610. PILOT PROGRAM FOR ZERO EMISSION AIRPORT VEHICLES.

(a) In General.--Subchapter I of chapter 471 is amended by
inserting after section 47136 the following:

``Sec. 47136A. Zero emission airport vehicles and
infrastructure

``(a) In General.--The Secretary of Transportation shall
establish a pilot program under which the sponsor of a
public-use airport may use funds made available under section
47117 or section 48103 for use at such airports or passenger
facility revenue (as defined in section 40117(a)(6)) to carry
out activities associated with the acquisition and operation
of zero emission vehicles (as defined in section 88.120-94 of
title 40, Code of Federal Regulations), including the
construction or modification of infrastructure to facilitate
the delivery of fuel and services necessary for the use of
such vehicles. Any use of funds authorized by the preceding
sentence shall be considered to be an authorized use of funds
under section 47117 or section 48103, or an authorized use of
passenger facility revenue (as defined in section
40117(a)(6)), as the case may be.
``(b) Location in Air Quality Nonattainment Areas.--
``(1) In general.--A public-use airport shall be eligible
for participation in the pilot program only if the airport is
located in an air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))).
``(2) Shortage of candidates.--If the Secretary receives an
insufficient number of applications from public-use airports
located in such areas, then the Secretary may consider
applications from public-use airports that are not located in
such areas.
``(c) Selection Criteria.--In selecting from among
applicants for participation in the program, the Secretary
shall give priority consideration to applicants that will
achieve the greatest air quality benefits measured by the
amount of emissions reduced per dollar of funds expended
under the program.
``(d) Federal Share.--Notwithstanding any other provision
of this subchapter, the Federal share of the costs of a
project carried out under the program shall be 50 percent.
``(e) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport
carrying out activities funded under the program may not use
more than 10 percent of the amounts made available under the
program in any fiscal year for technical assistance in
carrying out such activities.
``(2) Eligible consortium.--To the maximum extent
practicable, participants in the program shall use an
eligible consortium (as defined in section 5506 of this
title) in the region of the airport to receive technical
assistance described in paragraph (1).
``(f) Materials Identifying Best Practices.--The Secretary
may develop and make available materials identifying best
practices for carrying out activities funded under the
program based on projects carried out under section 47136 and
other sources.''.
(b) Report on Effectiveness of Program.--Not later than 18
months after the date of enactment of the FAA Air
Transportation Modernization and Safety Improvement Act., the
Secretary of Transportation shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation the
House of Representatives Committee on Transportation and
Infrastructure containing--
(1) an evaluation of the effectiveness of the pilot
program;
(2) an identification of all public-use airports that
expressed an interest in participating in the program; and
(3) a description of the mechanisms used by the Secretary
to ensure that the information and know-how gained by
participants in the program is transferred among the
participants and to other interested parties, including other
public-use airports.
(c) Conforming Amendment.--The table of contents for
chapter 471 is amended by inserting after the item relating
to section 47136 the following:

``47136A. Zero emission airport vehicles and infrastructure''.

SEC. 611. REDUCTION OF EMISSIONS FROM AIRPORT POWER SOURCES.

(a) In General.--Subchapter I of chapter 471 is amended by
inserting after section 47140 the following:

``Sec. 47140A. Reduction of emissions from airport power
sources

``(a) In General.--The Secretary of Transportation shall
establish a program under which the sponsor of each airport
eligible to receive grants under section 48103 is encouraged
to assess the airport's energy requirements, including
heating and cooling, base load, back-up power, and power for
on-road airport vehicles and ground support equipment, in
order to identify opportunities to reduce harmful emissions
and increase energy efficiency at the airport.
``(b) Grants.--The Secretary may make grants under section
48103 to assist airport sponsors that have completed the
assessment described in subsection (a) to acquire or
construct equipment, including hydrogen equipment and related
infrastructure, that will reduce harmful emissions and
increase energy efficiency at the airport. To be eligible for
such a grant, the sponsor of such an airport shall submit an
application to the Secretary, at such time, in such manner,
and containing such information as the Secretary may
require.''.

[[Page S1394]]

(b) Conforming Amendment.--The table of contents for
chapter 471 is amended by inserting after the item relating
to section 47140 the following:

``47140A. Reduction of emissions from airport power sources''.

SEC. 612. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL AIDES AND
OTHER ASSETS.

(a) Survey and Assessment.--
(1) In general.--In order to address safety and operational
concerns associated with the construction, alteration,
establishment, or expansion of wind farms in proximity to
critical FAA facilities, the Administrator shall, within 60
days after the date of enactment of this Act, complete a
survey and assessment of leases for critical FAA facility
sites, including--
(A) an inventory of the leases that describes, for each
such lease--
(i) the periodic cost, location, site, terms, number of
years remaining, and lessor;
(ii) other Administration facilities that share the
leasehold, including surveillance and communications
equipment; and
(iii) the type of transmission services supported,
including the terms of service, cost, and support contract
obligations for the services; and
(B) a list of those leases for facilities located in or
near areas suitable for the construction and operation of
wind farms, as determined by the Administrator in
consultation with the Secretary of Energy.
(2) Report.--Upon completion of the survey and assessment,
the Administrator shall submit a report to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the Comptroller General containing the
Administrator's findings, conclusions, and recommendations.
(b) GAO Assessment.--
(1) In general.--Within 180 days after receiving the
Administrator's report under subsection (a)(2), the
Comptroller General, in consultation with the Administrator,
shall report on--
(A) the current and potential impact of wind farms on the
national airspace system;
(B) the extent to which the Department of Defense and the
Federal Aviation Administration have guidance, processes, and
procedures in place to evaluate the impact of wind farms on
the implementation of the Next Generation air traffic control
system; and
(C) potential mitigation strategies, if necessary, to
ensure that wind farms do not have an adverse impact on the
implementation of the Next Generation air traffic control
system, including the installation of navigational aides
associated with that system.
(c) Issuance of Guidelines; Public Information.--
(1) Guidance.--Within 60 days after the Administrator
receives the Comptroller's recommendations, the Administrator
shall publish guidelines for the construction and operation
of wind farms to be located in proximity to critical Federal
Aviation Administration facilities. The guidelines may
include--
(A) the establishment of a zone system for wind farms based
on proximity to critical FAA assets;
(B) the establishment of turbine height and density
limitations on such wind farms;
(C) requirements for notice to the Administration under
section 44718(a) of title 49, United States Code, before the
construction, alteration, establishment, or expansion of a
such a wind farm; and
(D) any other requirements or recommendations designed to
address Administration safety or operational concerns related
to the construction, alteration, establishment, or expansion
of such wind farms.
(2) Public Access to Information.--To the extent feasible,
taking into consideration security, operational, and public
safety concerns (as determined by the Administrator), the
Administrator shall provide public access to information
regarding the planning, construction, and operation of wind
farms in proximity to critical FAA facilities on, or by
linkage from, the homepage of the Federal Aviation
Administration's public website.
(d) Consultation With Other Federal Agencies.--In carrying
out this section, the Administrator and the Comptroller
General shall consult, as appropriate, with the Secretaries
of the Army, the Navy, the Air Force, Homeland Security, and
Energy--
(1) to coordinate the requirements of each department for
future air space needs;
(2) to determine what the acceptable risks are to the
existing infrastructure of each department; and
(3) to define the different levels of risk for such
infrastructure.
(e) Reports.--The Administrator and the Comptroller General
shall provide a copy of reports under subsections (a) and
(b), respectively, to the Senate Committee on Homeland
Security and Governmental Affairs, the Senate Committee on
Armed Services, the House of Representatives Committee on
Homeland Security, the House of Representatives Committee on
Armed Services, and the House of Representatives Committee on
Science and Technology, as appropriate.
(f) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(3) Critical faa facilities.--The term ``critical FAA
facilities'' means facilities on which are located
navigational aides, surveillance systems, or communications
systems used by the Administration in administration of the
national airspace system.
(4) Wind farm.--The term ``wind farm'' means an
installation of 1 or more wind turbines used for the
generation of electricity.

SEC. 613. RESEARCH AND DEVELOPMENT FOR EQUIPMENT TO CLEAN AND
MONITOR THE ENGINE AND APU BLEED AIR SUPPLIED
ON PRESSURIZED AIRCRAFT.

(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall, to the degree practicable,
implement a research program for the identification or
development of appropriate and effective air cleaning
technology and sensor technology for the engine and auxiliary
power unit (APU) bleed air supplied to the passenger cabin
and flight deck of all pressurized aircraft.
(b) Technology Requirements.--The technology referred to in
subsection (a) should, at a minimum, have the capacity--
(1) to remove oil-based contaminants from the bleed air
supplied to the passenger cabin and flight deck; and
(2) to detect and record oil-based contaminants in the
portion of the total air supplied to the passenger cabin and
flight deck from bleed air.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of
the research and development work carried out under this
section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums are as necessary to carry out
this section.

TITLE VII--MISCELLANEOUS

SEC. 701. GENERAL AUTHORITY.

(a) Third Party Liability.--Section 44303(b) is amended by
striking ``December 31, 2009,'' and inserting ``December 31,
2012,''.
(b) Extension of Program Authority.--Section 44310 is
amended by striking ``December 31, 2013.'' and inserting
``October 1, 2017.''.
(c) War Risk.--Section 44302(f)(1) is amended--
(1) by striking ``September 30, 2009,'' and inserting
``September 30, 2011,''; and
(2) by striking ``December 31, 2009,'' and inserting
``December 31, 2011,''.

SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY.

Within 6 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration
shall develop a Human Intervention Management Study program
for cabin crews employed by commercial air carriers in the
United States.

SEC. 703. AIRPORT PROGRAM MODIFICATIONS.

The Administrator of the Federal Aviation Administration--
(1) shall establish a formal, structured certification
training program for the airport concessions disadvantaged
business enterprise program; and
(2) may appoint 3 additional staff to implement the
programs of the airport concessions disadvantaged business
enterprise initiative.

SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS.

(a) Marshall Islands, Federated States of Micronesia, and
Palau.--Section 47115(j) is amended by striking ``2009,'' and
inserting ``2011,''.
(b) Midway Island Airport.--Section 186(d) of the Vision
100--Century of Aviation Reauthorization Act (117 Stat. 2518)
is amended by striking ``2009,'' and inserting ``2011,''.

SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS.

Section 47107(s) is amended by striking paragraph (3).

SEC. 706. UPDATE ON OVERFLIGHTS.

(a) In General.--Section 45301(b) is amended to read as
follows:
``(b) Limitations.--
``(1) In general.--In establishing fees under subsection
(a), the Administrator shall ensure that the fees required by
subsection (a) are reasonably related to the Administration's
costs, as determined by the Administrator, of providing the
services rendered. Services for which costs may be recovered
include the costs of air traffic control, navigation, weather
services, training, and emergency services which are
available to facilitate safe transportation over the United
States, and other services provided by the Administrator or
by programs financed by the Administrator to flights that
neither take off nor land in the United States. The
determination of such costs by the Administrator is not
subject to judicial review.
``(2) Adjustment of fees.--The Administrator shall adjust
the overflight fees established by subsection (a)(1) by
expedited rulemaking and begin collections under the adjusted
fees by October 1, 2010. In developing the adjusted
overflight fees, the Administrator shall seek and consider
the recommendations, if any, offered by the Aviation
Rulemaking Committee for Overflight Fees that are intended to
ensure that overflight fees are reasonably related to the
Administrator's costs of providing air traffic

[[Page S1395]]

control and related services to overflights. In addition, the
Administrator may periodically modify the fees established
under this section either on the Administrator's own
initiative or on a recommendation from the Air Traffic
Control Modernization Board.
``(3) Cost data.--The adjustment of overflight fees under
paragraph (2) shall be based on the costs to the
Administration of providing the air traffic control and
related activities, services, facilities, and equipment using
the available data derived from the Administration's cost
accounting system and cost allocation system to users, as
well as budget and operational data.
``(4) Aircraft altitude.--Nothing in this section shall
require the Administrator to take into account aircraft
altitude in establishing any fee for aircraft operations in
en route or oceanic airspace.
``(5) Costs defined.--In this subsection, the term `costs'
means those costs associated with the operation, maintenance,
debt service, and overhead expenses of the services provided
and the facilities and equipment used in such services,
including the projected costs for the period during which the
services will be provided.
``(6) Publication; comment.--The Administrator shall
publish in the Federal Register any fee schedule under this
section, including any adjusted overflight fee schedule, and
the associated collection process as a proposed rule,
pursuant to which public comment will be sought and a final
rule issued.''.
(b) Administrative Provision.--Section 45303(c)(2) is
amended to read as follows:
``(2) shall be available to the Administrator for
expenditure for purposes authorized by Congress for the
Federal Aviation Administration, however, fees established by
section 45301(a)(1) of this title shall be available only to
pay the cost of activities and services for which the fee is
imposed, including the costs to determine, assess, review,
and collect the fee; and''.

SEC. 707. TECHNICAL CORRECTIONS.

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

SEC. 708. FAA TECHNICAL TRAINING AND STAFFING.

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

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

(a) Secretary of the Interior and Overflights of National
Parks.--
(1) Section 40128 is amended--
(A) by striking paragraph (8) of subsection (f);
(B) by striking ``Director'' each place it appears and
inserting ``Secretary of the Interior'';
(C) by striking ``National Park Service'' in subsection
(a)(2)(B)(vi) and inserting ``Department of the Interior'';
and
(D) by striking ``National Park Service'' in subsection
(b)(4)(C) and inserting ``Department of the Interior''.
(2) The National Parks Air Tour Management Act of 2000 (49
U.S.C. 40128 note) is amended--
(A) by striking ``Director'' in section 804(b) and
inserting ``Secretary of the Interior'';
(B) in section 805--
(i) by striking ``Director of the National Park Service''
in subsection (a) and inserting ``Secretary of the
Interior'';
(ii) by striking ``Director'' each place it appears and
inserting ``Secretary of the Interior'';
(iii) by striking ``National Park Service'' each place it
appears in subsection (b) and inserting ``Department of the
Interior'';
(iv) by striking ``National Park Service'' in subsection
(d)(2) and inserting ``Department of the Interior''; and
(C) in section 807--
(i) by striking ``National Park Service'' in subsection
(a)(1) and inserting ``Department of the Interior''; and
(ii) by striking ``Director of the National Park Service''
in subsection (b) and inserting ``Secretary of the
Interior''.
(b) Allowing Overflights in Case of Agreement.--Paragraph
(1) of subsection (a) of section 40128 is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(B);
(2) by striking ``lands.'' in subparagraph (C) and
inserting ``lands; and''; and
(3) by adding at the end the following:
``(D) in accordance with a voluntary agreement between the
commercial air tour operator and appropriate representatives
of the national park or tribal lands, as the case may be.''.
(c) Modification of Interim Operating Authority.--Section
40128(c)(2)(I) is amended to read as follows:
``(I) may allow for modifications of the interim operating
authority without further environmental process, if--
``(i) adequate information on the existing and proposed
operations of the commercial air tour operator is provided to
the Administrator and the Secretary by the operator seeking
operating authority;
``(ii) the Administrator determines that the modifications
would not adversely affect aviation safety or the management
of the national airspace system; and
``(iii) the Secretary agrees that the modifications would
not adversely affect park resources and visitor
experiences.''.
(d) Reporting Requirements for Commercial Air Tour
Operators.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, each
commercial air tour conducting commercial air tour operations
over a national park shall report to the Administrator of the
Federal Aviation Administration and the Secretary of the
Interior on--
(A) the number of commercial air tour operations conducted
by such operator over the national park each day;
(B) any relevant characteristics of commercial air tour
operations, including the routes, altitudes, duration, and
time of day of flights; and
(C) such other information as the Administrator and the
Secretary may determine necessary to administer the
provisions of the National Parks Air Tour Management Act of
2000 (49 U.S.C. 40128 note).
(2) Format.--The report required by paragraph (1) shall be
submitted in such form as the Administrator and the Secretary
determine to be appropriate.
(3) Effect of failure to report.--The Administrator shall
rescind the operating authority of a commercial air tour
operator that fails to file a report not later than 180 days
after the date for the submittal of the report described in
paragraph (1).
(4) Audit of reports.--Not later than 2 years after the
date of the enactment of this

[[Page S1396]]

Act, and at such times thereafter as the Inspector General of
the Department of Transportation determines necessary, the
Inspector General shall audit the reports required by
paragraph (1).
(e) Collection of Fees From Air Tour Operations.--
(1) In general.--The Secretary of the Interior may assess a
fee in an amount determined by the Secretary under paragraph
(2) on a commercial air tour operator conducting commercial
air tour operations over a national park.
(2) Amount of fee.--In determining the amount of the fee
assessed under paragraph (1), the Secretary shall consider
the cost of developing air tour management plans for each
national park.
(3) Effect of failure to pay fee.--The Administrator of the
Federal Aviation Administration shall revoke the operating
authority of a commercial air tour operator conducting
commercial air tour operations over any national park,
including the Grand Canyon National Park, that has not paid
the fee assessed by the Secretary under paragraph (1) by the
date that is 180 days after the date on which the Secretary
determines the fee shall be paid.
(f) Authorization of Appropriations for Air Tour Management
Plans.--
(1) In general.--There are authorized to be appropriated
$10,000,000 to the Secretary of the Interior for the
development of air tour management plans under section
40128(b) of title 49, United States Code.
(2) Use of funds.--The funds authorized to be appropriated
by paragraph (1) shall be used to develop air tour management
plans for the national parks the Secretary determines would
most benefit from such a plan.
(g) Guidance to District Offices on Commercial Air Tour
Operators.--The Administrator of the Federal Aviation
Administration shall provide to the Administration's district
offices clear guidance on the ability of commercial air tour
operators to obtain--
(1) increased safety certifications;
(2) exemptions from regulations requiring safety
certifications; and
(3) other information regarding compliance with the
requirements of this Act and other Federal and State laws and
regulations.
(h) Operating Authority of Commercial Air Tour Operators.--
(1) Transfer of operating authority.--
(A) In general.--Subject to subparagraph (B), a commercial
air tour operator that obtains operating authority from the
Administrator under section 40128 of title 49, United States
Code, to conduct commercial air tour operations may transfer
such authority to another commercial air tour operator at any
time.
(B) Notice.--Not later than 30 days before the date on
which a commercial air tour operator transfers operating
authority under subparagraph (A), the operator shall notify
the Administrator and the Secretary of the intent of the
operator to transfer such authority.
(C) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall prescribe
regulations to allow transfers of operating authority
described in subparagraph (A).
(2) Time for determination regarding operating authority.--
Notwithstanding any other provision of law, the Administrator
shall determine whether to grant a commercial air tour
operator operating authority under section 40128 of title 49,
United States Code, not later than 180 days after the earlier
of the date on which--
(A) the operator submits an application; or
(B) an air tour management plan is completed for the
national park over which the operator seeks to conduct
commercial air tour operations.
(3) Increase in interim operating authority.--The
Administrator and the Secretary may increase the interim
operating authority while an air tour management plan is
being developed for a park if--
(A) the Secretary determines that such an increase does not
adversely impact park resources or visitor experiences; and
(B) the Administrator determines that granting interim
operating authority does not adversely affect aviation safety
or the management of the national airspace system.
(4) Enforcement of operating authority.--The Administrator
is authorized and directed to enforce the requirements of
this Act and any agency rules or regulations related to
operating authority.

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

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

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

``(a) Prohibition.--Except as provided in subsection (b),
(c), or (d), a person may not operate a civil subsonic
turbojet with a maximum weight of 75,000 pounds or less to or
from an airport in the United States unless the Secretary of
Transportation finds that the aircraft complies with stage 3
noise levels.
``(b) Exception.--Subsection (a) shall not apply to
aircraft operated only outside the 48 contiguous States.
``(c) Opt-Out.--Subsection (a) shall not apply at an
airport where the airport operator has notified the Secretary
that it wants to continue to permit the operation of civil
subsonic turbojets with a maximum weight of 75,000 pounds or
less that do not comply with stage 3 noise levels. The
Secretary shall post the notices received under this
subsection on its website or in another place easily
accessible to the public.
``(d) Limitation.--The Secretary shall permit a person to
operate Stage 1 and Stage 2 aircraft with a maximum weight of
75,000 pounds or less to or from an airport in the contiguous
48 States in order--
``(1) to sell, lease, or use the aircraft outside the 48
contiguous States;
``(2) to scrap the aircraft;
``(3) to obtain modifications to the aircraft to meet stage
3 noise levels;
``(4) to perform scheduled heavy maintenance or significant
modifications on the aircraft at a maintenance facility
located in the contiguous 48 states;
``(5) to deliver the aircraft to an operator leasing the
aircraft from the owner or return the aircraft to the lessor;
``(6) to prepare or park or store the aircraft in
anticipation of any of the activities described in paragraphs
(1) through (5); or
``(7) to divert the aircraft to an alternative airport in
the 48 contiguous States on account of weather, mechanical,
fuel air traffic control or other safety reasons while
conducting a flight in order to perform any of the activities
described in paragraphs (1) through (6).
``(e) Statutory Construction.--Nothing in the section may
be construed as interfering with, nullifying, or otherwise
affecting determinations made by the Federal Aviation
Administration, or to be made by the Administration, with
respect to applications under part 161 of title 14, Code of
Federal Regulations, that were pending on the date of
enactment of the Aircraft Noise Reduction Act of 2006.''.
(b) Conforming Amendments.--
(1) Section 47531 is amended by striking ``47529, or
47530'' and inserting ``47529, 47530, or 47534''.
(2) Section 47532 is amended by striking ``47528-47531''
and inserting ``47528 through 47531 or 47534''.
(3) The table of contents for chapter 475 is amended by
inserting after the item relating to section 47533 the
following:

``47534. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with Stage 3 noise levels''.
(c) Effective Date.--The amendments made by this section
shall take effect 5 years after the date of enactment of this
Act.

SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT.

On and after the date of the enactment of this Act, the
Administrator of the Federal Aviation Administration is
prohibited from taking actions designed to challenge or
influence weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey, except in an
emergency.

SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT
PROPERTIES.

(a) In General.--Within 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation
Administration shall establish a pilot program at up to 4
public-use airports for local airport operators that have
submitted a noise compatibility program approved by the
Federal Aviation Administration under section 47504 of title
49, United States Code, under which such airport operators
may use funds made available under section 47117(e) of that
title, or passenger facility revenue collected under section
40117 of that title, in partnership with affected neighboring
local jurisdictions, to support joint planning, engineering
design, and environmental permitting for the assembly and
redevelopment of property purchased with noise mitigation
funds or passenger facility charge funds, to encourage
airport-compatible land uses and generate economic benefits
to the local airport authority and adjacent community.
(b) Noise Compatibility Measures.--Section 47504(a)(2) is
amended--
(1) by striking ``and'' after the semicolon in subparagraph
(D);
(2) by striking ``operations.'' in subparagraph (E) and
inserting ``operations; and''; and
(3) by adding at the end the following:
``(F) joint comprehensive land use planning including
master plans, traffic studies, environmental evaluation and
economic and feasibility studies, with neighboring local
jurisdictions undertaking community redevelopment in the area
where the land or other property interest acquired by the
airport operator pursuant to this subsection is located, to
encourage and enhance redevelopment opportunities that
reflect zoning and uses that will prevent the introduction of
additional incompatible uses and enhance redevelopment
potential.''.
(c) Grant Requirements.--The Administrator may not make a
grant under subsection (a) unless the grant is made--
(1) to enable the airport operator and local jurisdictions
undertaking the community redevelopment effort to expedite
redevelopment efforts;
(2) subject to a requirement that the local jurisdiction
governing the property interests in question has adopted
zoning regulations that permit airport compatible
redevelopment; and
(3) subject to a requirement that, in determining the part
of the proceeds from disposing of the land that is subject to
repayment or reinvestment under section 47107(c)(2)(A) of
title 49, United States Code,

[[Page S1397]]

the total amount of the grant issued under this section shall
be added to the amount of any grants issued for acquisition
of land.
(d) Demonstration Grants.--
(1) In general.--The Administrator shall provide grants for
up to 4 pilot property redevelopment projects distributed
geographically and targeted to airports that demonstrate--
(A) a readiness to implement cooperative land use
management and redevelopment plans with the adjacent
community; and
(B) the probability of clear economic benefit to the local
community and financial return to the airport through the
implementation of the redevelopment plan.
(2) Federal share.--
(A) Notwithstanding any other provision of law, the Federal
share of the allowable costs of a project carried out under
the pilot program shall be 80 percent.
(B) In determining the allowable costs, the Administrator
shall deduct from the total costs of the activities described
in subsection (a) that portion of the costs which is equal to
that portion of the total property to be redeveloped under
this section that is not owned or to be acquired by the
airport operator pursuant to the noise compatibility program
or that is not owned by the affected neighboring local
jurisdictions or other public entities.
(3) Maximum amount.--Not more than $5,000,000 in funds made
available under section 47117(e) of title 49, United States
Code, may be expended under the pilot program at any single
public-use airport.
(4) Exception.--Amounts paid to the Administrator under
subsection (c)(3)--
(A) shall be in addition to amounts authorized under
section 48203 of title 49, United States Code;
(B) shall not be subject to any limitation on grant
obligations for any fiscal year; and
(C) shall remain available until expended.
(e) Use of Passenger Revenue.--An airport sponsor that owns
or operates an airport participating in the pilot program may
use passenger facility revenue collected under section 40117
of title 49, United States Code, to pay any project cost
described in subsection (a) that is not financed by a grant
under the program.
(f) Sunset.--This section, other than the amendments made
by subsections (b), shall not be in effect after September
30, 2011.
(g) Report to Congress.--The Administrator shall report to
Congress within 18 months after making the first grant under
this section on the effectiveness of this program on
returning part 150 lands to productive use.

SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS.

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

``Sec. 41724. Musical instruments

``(a) In General.--
``(1) Small instruments as carry-on baggage.--An air
carrier providing air transportation shall permit a passenger
to carry a violin, guitar, or other musical instrument in the
aircraft cabin without charge if--
``(A) the instrument can be stowed safely in a suitable
baggage compartment in the aircraft cabin or under a
passenger seat; and
``(B) there is space for such stowage at the time the
passenger boards the aircraft.
``(2) Larger instruments as carry-on baggage.--An air
carrier providing air transportation shall permit a passenger
to carry a musical instrument that is too large to meet the
requirements of paragraph (1) in the aircraft cabin without
charge if--
``(A) the instrument is contained in a case or covered so
as to avoid injury to other passengers;
``(B) the weight of the instrument, including the case or
covering, does not exceed 165 pounds;
``(C) the instrument can be secured by a seat belt to avoid
shifting during flight;
``(D) the instrument does not restrict access to, or use
of, any required emergency exit, regular exit, or aisle;
``(E) the instrument does not obscure any passenger's view
of any illuminated exit, warning, or other informational
sign;
``(F) neither the instrument nor the case contains any
object not otherwise permitted to be carried in an aircraft
cabin because of a law or regulation of the United States;
and
``(G) the passenger wishing to carry the instrument in the
aircraft cabin has purchased an additional seat to
accommodate the instrument.
``(3) Large instruments as checked baggage.--An air carrier
shall transport as baggage, without charge, a musical
instrument that is the property of a passenger traveling in
air transportation that may not be carried in the aircraft
cabin if--
``(A) the sum of the length, width, and height measured in
inches of the outside linear dimensions of the instrument
(including the case) does not exceed 150 inches; and
``(B) the weight of the instrument does not exceed 165
pounds.
``(b) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to implement
subsection (a).''.
(b) Conforming Amendment.--The table of contents for
chapter 417 is amended by inserting after the item relating
to section 41723 the following:

``41724. Musical instruments''.
(c) Effective Date.--The amendments made by this section
shall take effect 30 days after the date of enactment of this
Act.

SEC. 714. RECYCLING PLANS FOR AIRPORTS.

(a) Airport Planning.--Section 47102(5) is amended by
striking ``planning.'' and inserting ``planning and a plan
for recycling and minimizing the generation of airport solid
waste, consistent with applicable State and local recycling
laws, including the cost of a waste audit.''.
(b) Master Plan.--Section 47106(a) is amended--
(1) by striking ``and'' in paragraph (4);
(2) by striking ``proposed.'' in paragraph (5) and
inserting ``proposed; and''; and
(3) by adding at the end the following:
``(6) if the project is for an airport that has an airport
master plan, the master plan addresses--
``(A) the feasibility of solid waste recycling at the
airport;
``(B) minimizing the generation of solid waste at the
airport;
``(C) operation and maintenance requirements;
``(D) the review of waste management contracts;
``(E) the potential for cost savings or the generation of
revenue; and
``(F) training and education requirements.''.

SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
ADJUSTMENTS.

(a) Purpose.--It is the purpose of the airport
disadvantaged business enterprise program (49 U.S.C. 47107(e)
and 47113) to ensure that minority- and women-owned
businesses do not face barriers because of their race or
gender and so that they have a fair opportunity to compete in
Federally assisted airport contracts and concessions.
(b) Findings.--The Congress finds the following:
(1) While significant progress has occurred due to the
enactment of the airport disadvantaged business enterprise
program (49 U.S.C. 47107(e) and 47113), discrimination
continues to be a barrier for minority- and women-owned
businesses seeking to do business in airport-related markets.
This continuing barrier merits the continuation of the
airport disadvantaged business enterprise program.
(2) The Congress has received recent evidence of
discrimination from numerous sources, including congressional
hearings and roundtables, scientific reports, reports issued
by public and private agencies, news stories, reports of
discrimination by organizations and individuals, and
discrimination lawsuits. This evidence also shows that race-
and gender-neutral efforts alone are insufficient to address
the problem.
(3) This evidence demonstrates that discrimination across
the nation poses a barrier to full and fair participation in
airport related businesses of women business owners and
minority business owners in the racial groups detailed in
parts 23 and 26 of title 49, Code of Federal Regulations, and
has impacted firm development and many aspects of airport
related business in the public and private markets.
(4) This evidence provides a strong basis for the
continuation of the airport disadvantaged business enterprise
program and the airport concessions disadvantaged business
enterprise program.
(c) In General.--Section 47107(e) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
``(8) Mandatory training program for airport concessions.--
``(A) In general.--Not later than one year after the date
of enactment of the FAA Air Transportation Modernization and
Safety Improvement Act, the Secretary shall establish a
mandatory training program for persons described in
subparagraph (C) on the certification of whether a small
business concern in airport concessions qualifies as a small
business concern owned and controlled by a socially and
economically disadvantaged individual for purposes of
paragraph (1).
``(B) Implementation.--The training program may be
implemented by one or more private entities approved by the
Secretary.
``(C) Participants.--A person referred to in paragraph (1)
is an official or agent of an airport owner or operator who
is required to provide a written assurance under paragraph
(1) that the airport owner or operator will meet the
percentage goal of paragraph (1) or who is responsible for
determining whether or not a small business concern in
airport concessions qualifies as a small business concern
owned and controlled by a socially and economically
disadvantaged individual for purposes of paragraph (1).
``(D) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as
may be necessary to carry out this paragraph.''.
(d) Report.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall submit a report to
the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and other appropriate
committees of Congress on the results of the training program
conducted under section 47107(e)(8) of title 49, United
States Code, as added by subsection (a).
(e) Disadvantaged Business Enterprise Personal Net Worth
Cap; Bonding Requirements.--Section 47113 is amended by
adding at the end the following:
``(e) Personal Net Worth Cap.--Not later than 180 days
after the date of enactment of

[[Page S1398]]

the FAA Air Transportation Modernization and Safety
Improvement Act, the Secretary shall issue final regulations
to adjust the personal net worth cap used in determining
whether an individual is economically disadvantaged for
purposes of qualifying under the definition contained in
subsection (a)(2) and under section 47107(e). The regulations
shall correct for the impact of inflation since the Small
Business Administration established the personal net worth
cap at $750,000 in 1989.
``(f) Exclusion of Retirement Benefits.--
``(1) In general.--In calculating a business owner's
personal net worth, any funds held in a qualified retirement
account owned by the business owner shall be excluded,
subject to regulations to be issued by the Secretary.
``(2) Regulations.--Not later than one year after the date
of enactment of the FAA Air Transportation Modernization and
Safety Improvement Act, the Secretary shall issue final
regulations to implement paragraph (1), including
consideration of appropriate safeguards, such as a limit on
the amount of such accounts, to prevent circumvention of
personal net worth requirements.
``(g) Prohibition on Excessive or Discriminatory Bonding
Requirements.--
``(1) In general.--The Secretary shall establish a program
to eliminate barriers to small business participation in
airport-related contracts and concessions by prohibiting
excessive, unreasonable, or discriminatory bonding
requirements for any project funded under this chapter or
using passenger facility revenues under section 40117.
``(2) Regulations.--Not later than one year after the date
of enactment of the FAA Air Transportation Modernization and
Safety Improvement Act, the Secretary shall issue a final
rule to establish the program under paragraph (1).''.

SEC. 716. FRONT LINE MANAGER STAFFING.

(a) Study.--Not later than 45 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a study on front line
manager staffing requirements in air traffic control
facilities.
(b) Considerations.--In conducting the study, the
Administrator may take into consideration--
(1) the number of supervisory positions of operation
requiring watch coverage in each air traffic control
facility;
(2) coverage requirements in relation to traffic demand;
(3) facility type;
(4) complexity of traffic and managerial responsibilities;
(5) proficiency and training requirements; and
(6) such other factors as the Administrator considers
appropriate.
(c) Determinations.--The Administrator shall transmit any
determinations made as a result of the study to the Chief
Operating Officer for the air traffic control system.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure a report on the results of the study and a
description of any determinations submitted to the Chief
Operating Officer under subsection (c).

SEC. 717. STUDY OF HELICOPTER AND FIXED WING AIR AMBULANCE
SERVICES.

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

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

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

SEC. 719. STUDY OF AERONAUTICAL MOBILE TELEMETRY.

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

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

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

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

(a) Consolidation or Elimination of Reports.--No later than
2 years after the date of enactment of this Act, and every 2
years thereafter, the Administrator of the Federal Aviation
Administration shall submit a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure containing--
(1) a list of obsolete, redundant, or otherwise unnecessary
reports the Administration is required by law to submit to
the Congress or publish that the Administrator recommends
eliminating or consolidating with other reports; and

[[Page S1399]]

(2) an estimate of the cost savings that would result from
the elimination or consolidation of those reports.
(b) Use of Electronic Media for Reports.--
(1) In general.--Notwithstanding any other provision of
law, the Federal Aviation Administration--
(A) may not publish any report required or authorized by
law in printed format; and
(B) shall publish any such report by posting it on the
Administration's website in an easily accessible and
downloadable electronic format.
(2) Exception.--Paragraph (1) does not apply to any report
with respect to which the Administrator determines that--
(A) its publication in printed format is essential to the
mission of the Federal Aviation Administration; or
(B) its publication in accordance with the requirements of
paragraph (1) would disclose matter--
(i) described in section 552(b) of title 5, United States
Code; or
(ii) the disclosure of which would have an adverse impact
on aviation safety or security, as determined by the
Administrator.

SEC. 722. LINE CHECK EVALUATIONS.

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

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

SEC. 800. AMENDMENT OF 1986 CODE.

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

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

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

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

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

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

(a) Rate of Tax on Aviation-grade Kerosene.--
(1) In general.--Subparagraph (A) of section 4081(a)(2)
(relating to rates of tax) is amended by striking ``and'' at
the end of clause (ii), by striking the period at the end of
clause (iii) and inserting ``, and'', and by adding at the
end the following new clause:
``(iv) in the case of aviation-grade kerosene, 35.9 cents
per gallon.''.
(2) Fuel removed directly into fuel tank of airplane used
in noncommercial aviation.--Subparagraph (C) of section
4081(a)(2) is amended to read as follows:
``(C) Taxes imposed on fuel used in commercial aviation.--
In the case of aviation-grade kerosene which is removed from
any refinery or terminal directly into the fuel tank of an
aircraft for use in commercial aviation by a person
registered for such use under section 4101, the rate of tax
under subparagraph (A)(iv) shall be 4.3 cents per gallon.''.
(3) Exemption for aviation-grade kerosene removed into an
aircraft.--Subsection (e) of section 4082 is amended--
(A) by striking ``kerosene'' and inserting ``aviation-grade
kerosene'',
(B) by striking ``section 4081(a)(2)(A)(iii)'' and
inserting ``section 4081(a)(2)(A)(iv)'', and
(C) by striking ``Kerosene'' in the heading and inserting
``Aviation-Grade Kerosene''.
(4) Conforming amendments.--
(A) Clause (iii) of section 4081(a)(2)(A) is amended by
inserting ``other than aviation-grade kerosene'' after
``kerosene''.
(B) The following provisions are each amended by striking
``kerosene'' and inserting ``aviation-grade kerosene'':
(i) Section 4081(a)(3)(A)(ii).
(ii) Section 4081(a)(3)(A)(iv).
(iii) Section 4081(a)(3)(D).
(C) Section 4081(a)(3)(D) is amended--
(i) by striking ``paragraph (2)(C)(i)'' in clause (i) and
inserting ``paragraph (2)(C)'', and
(ii) by striking ``paragraph (2)(C)(ii)'' in clause (ii)
and inserting ``paragraph (2)(A)(iv)''.
(D) Section 4081(a)(4) is amended--
(i) in the heading by striking ``kerosene'' and inserting
``aviation-grade kerosene'', and
(ii) by striking ``paragraph (2)(C)(i)'' and inserting
``paragraph (2)(C)''.
(E) Section 4081(d)(2) is amended by striking
``(a)(2)(C)(ii)'' and inserting ``(a)(2)(A)(iv)''.
(b) Retail Tax on Aviation Fuel.--
(1) Exemption for previously taxed fuel.--Paragraph (2) of
section 4041(c) is amended by inserting ``at the rate
specified in subsection (a)(2)(A)(iv) thereof'' after
``section 4081''.
(2) Rate of tax.--Paragraph (3) of section 4041(c) is
amended to read as follows:
``(3) Rate of tax.--The rate of tax imposed by this
subsection shall be the rate of tax in effect under section
4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any
sale or use for commercial aviation).''.
(c) Refunds Relating to Aviation-grade Kerosene.--
(1) Kerosene used in commercial aviation.--Clause (ii) of
section 6427(l)(4)(A) is amended by striking ``specified in
section 4041(c) or 4081(a)(2)(A)(iii), as the case may be,''
and inserting ``so imposed''.
(2) Kerosene used in aviation.--Paragraph (4) of section
6427(l) is amended--
(A) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B), and
(B) by amending subparagraph (B), as redesignated by
subparagraph (A), to read as follows:
``(B) Payments to ultimate, registered vendor.--With
respect to any kerosene used in aviation (other than kerosene
to which paragraph (6) applies), if the ultimate purchaser of
such kerosene waives (at such time and in such form and
manner as the Secretary shall prescribe) the right to payment
under paragraph (1) and assigns such right to the ultimate
vendor, then the Secretary shall pay (without interest) the
amount which would be paid under paragraph (1) to such
ultimate vendor, but only if such ultimate vendor--
``(i) is registered under section 4101, and
``(ii) meets the requirements of subparagraph (A), (B), or
(D) of section 6416(a)(1).''.
(3) Aviation-grade kerosene not used in aviation.--
Subsection (l) of section 6427 is amended by redesignating
paragraph (5) as paragraph (6) and by inserting after
paragraph (4) the following new paragraph:
``(5) Refunds for aviation-grade kerosene not used in
aviation.--If tax has been imposed under section 4081 at the
rate specified in section 4081(a)(2)(A)(iv) and the fuel is
used other than in an aircraft, the Secretary shall pay
(without interest) to the ultimate purchaser of such fuel an
amount equal to the amount of tax imposed on such fuel
reduced by the amount of tax that would be imposed under
section 4041 if no tax under section 4081 had been
imposed.''.
(4) Conforming amendments.--
(A) Section 4082(d)(2)(B) is amended by striking
``6427(l)(5)(B)'' and inserting ``6427(l)(6)(B)''.
(B) Section 6427(i)(4) is amended--
(i) by striking ``(4)(C)'' the first two places it occurs
and inserting ``(4)(B)'', and
(ii) by striking ``, (l)(4)(C)(ii), and'' and inserting
``and''.
(C) The heading of section 6427(l) is amended by striking
``Diesel Fuel and Kerosene'' and inserting ``Diesel Fuel,
Kerosene, and Aviation Fuel''.
(D) Section 6427(l)(1) is amended by striking ``paragraph
(4)(C)(i)'' and inserting ``paragraph (4)(B)''.
(E) Section 6427(l)(4) is amended--
(i) by striking ``kerosene used in aviation'' in the
heading and inserting ``aviation-grade kerosene used in
commercial aviation'', and
(ii) in subparagraph (A)--

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

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

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

(e) Effective Date.--The amendments made by this section
shall apply to fuels removed, entered, or sold after June 30,
2010.
(f) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of aviation fuel which
is held on July 1, 2010, by any

[[Page S1400]]

person, there is hereby imposed a floor stocks tax on
aviation fuel equal to--
(A) the tax which would have been imposed before such date
on such fuel had the amendments made by this section been in
effect at all times before such date, reduced by
(B) the sum of--
(i) the tax imposed before such date on such fuel under
section 4081 of the Internal Revenue Code of 1986, as in
effect on such date, and
(ii) in the case of kerosene held exclusively for such
person's own use, the amount which such person would (but for
this clause) reasonably expect (as of such date) to be paid
as a refund under section 6427(l) of such Code with respect
to such kerosene.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding aviation fuel on
July 1, 2010, shall be liable for such tax.
(B) Time and method of payment.--The tax imposed by
paragraph (1) shall be paid at such time and in such manner
as the Secretary of the Treasury shall prescribe.
(3) Transfer of floor stock tax revenues to trust funds.--
For purposes of determining the amount transferred to the
Airport and Airway Trust Fund, the tax imposed by this
subsection shall be treated as imposed by section
4081(a)(2)(A)(iv) of the Internal Revenue Code of 1986.
(4) Definitions.--For purposes of this subsection--
(A) Aviation fuel.--The term ``aviation fuel'' means
aviation-grade kerosene and aviation gasoline, as such terms
are used within the meaning of section 4081 of the Internal
Revenue Code of 1986.
(B) Held by a person.--Aviation fuel shall be considered as
held by a person if title thereto has passed to such person
(whether or not delivery to the person has been made).
(C) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(5) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to any aviation fuel held by
any person exclusively for any use to the extent a credit or
refund of the tax is allowable under the Internal Revenue
Code of 1986 for such use.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by paragraph (1)
on any aviation fuel held on July 1, 2010, by any person if
the aggregate amount of such aviation fuel held by such
person on such date does not exceed 2,000 gallons. The
preceding sentence shall apply only if such person submits to
the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require
for purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A), there
shall not be taken into account any aviation fuel held by any
person which is exempt from the tax imposed by paragraph (1)
by reason of paragraph (5).
(C) Controlled groups.--For purposes of this subsection--
(i) Corporations.--

(I) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(II) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of the Internal Revenue Code of 1986; except that for
such purposes the phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80 percent'' each place
it appears in such subsection.

(ii) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of subparagraph (A) shall apply to a group
of persons under common control if 1 or more of such persons
is not a corporation.
(7) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081 of the Internal Revenue Code of 1986
on the aviation fuel involved shall, insofar as applicable
and not inconsistent with the provisions of this subsection,
apply with respect to the floor stock taxes imposed by
paragraph (1) to the same extent as if such taxes were
imposed by such section.

SEC. 804. AIR TRAFFIC CONTROL SYSTEM MODERNIZATION ACCOUNT.

(a) In General.--Section 9502 (relating to the Airport and
Airway Trust Fund) is amended by adding at the end the
following new subsection:
``(f) Establishment of Air Traffic Control System
Modernization Account.--
``(1) Creation of account.--There is established in the
Airport and Airway Trust Fund a separate account to be known
as the `Air Traffic Control System Modernization Account'
consisting of such amounts as may be transferred or credited
to the Air Traffic Control System Modernization Account as
provided in this subsection or section 9602(b).
``(2) Transfers to air traffic control system modernization
account.--On October 1, 2010, and annually thereafter the
Secretary shall transfer $400,000,000 to the Air Traffic
Control System Modernization Account from amounts
appropriated to the Airport and Airway Trust Fund under
subsection (b) which are attributable to taxes on aviation-
grade kerosene.
``(3) Expenditures from account.--Amounts in the Air
Traffic Control System Modernization Account shall be
available subject to appropriation for expenditures relating
to the modernization of the air traffic control system
(including facility and equipment account expenditures).''.
(b) Conforming Amendment.--Section 9502(d)(1) is amended by
striking ``Amounts'' and inserting ``Except as provided in
subsection (f), amounts''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP
PROGRAMS.

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

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

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

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

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

[[Page S1401]]

(3) Subsection (c).--The amendments made by subsection (c)
shall apply to taxable transportation provided after June 30,
2010.

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

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

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

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

SEC. 807. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.

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

TITLE IX--BUDGETARY EFFECTS

SEC. 901. BUDGETARY EFFECTS.

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