FAA Air Transportation Modernization and Safety Improvement Act

        [Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1451 Reported in Senate (RS)]

Calendar No. 168
111th CONGRESS
1st Session
S. 1451

[Report No. 111-82]

To modernize the air traffic control system, improve the safety,
reliability, and availability of transportation by air in the United
States, provide for modernization of the air traffic control system,
reauthorize the Federal Aviation Administration, and for other
purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 14, 2009

Mr. Rockefeller (for himself, Mrs. Hutchison, Mr. Dorgan, and Mr.
DeMint) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation

September 29, 2009

Reported by Mr. Rockefeller, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]

_______________________________________________________________________

A BILL

To modernize the air traffic control system, improve the safety,
reliability, and availability of transportation by air in the United
States, provide for modernization of the air traffic control system,
reauthorize the Federal Aviation Administration, and for other
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Amendments to title 49, United States Code.
<DELETED>Sec. 3. Effective date.
<DELETED>TITLE I--AUTHORIZATIONS

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

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

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

<DELETED>SUBTITLE A--CONSUMER PROTECTION

<DELETED>Sec. 401. Airline customer service commitment.
<DELETED>Sec. 402. Publication of customer service data and flight
delay history.
<DELETED>Sec. 403. Expansion of DOT airline consumer complaint
investigations.
<DELETED>Sec. 404. Establishment of advisory committee for aviation
consumer protection.
<DELETED>Sec. 405. Disclosure of passenger fees.
<DELETED>SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

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

<DELETED>Sec. 431. Clarification of air carrier fee disputes.
<DELETED>Sec. 432. Contract tower program.
<DELETED>Sec. 433. Airfares for members of the Armed Forces.
<DELETED>TITLE V--SAFETY

<DELETED>SUBTITLE A--AVIATION SAFETY

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

<DELETED>Sec. 551. Pilot applicant employment records.
<DELETED>Sec. 552. Air carrier safety management systems.
<DELETED>Sec. 553. Implementation of NTSB recommendations.
<DELETED>Sec. 554. Improved Flight Operational Quality Assurance,
Aviation Safety Action, and Line
Operational Safety Audit programs.
<DELETED>Sec. 555. Re-evaluation of flight crew training, testing, and
certification requirements.
<DELETED>Sec. 556. Safety inspections of regional air carriers.
<DELETED>Sec. 557. Establishment of safety standards with respect to
the training, hiring, and operation of
aircraft by pilots.
<DELETED>Sec. 558. Oversight of pilot training schools.
<DELETED>Sec. 559. Definitions.
<DELETED>TITLE VI--AVIATION RESEARCH

<DELETED>Sec. 601. Airport cooperative research program.
<DELETED>Sec. 602. Reduction of noise, emissions, and energy
consumption from civilian aircraft.
<DELETED>Sec. 603. Production of clean coal fuel technology for
civilian aircraft.
<DELETED>Sec. 604. Advisory committee on future of aeronautics.
<DELETED>Sec. 605. Research program to improve airfield pavements.
<DELETED>Sec. 606. Wake turbulence, volcanic ash, and weather research.

<DELETED>Sec. 607. Incorporation of unmanned aerial systems into FAA
plans and policies.
<DELETED>Sec. 608. Reauthorization of center of excellence in applied
research and training in the use of
advanced materials in transport aircraft.
<DELETED>Sec. 609. Pilot program for zero emission airport vehicles.
<DELETED>Sec. 610. Reduction of emissions from airport power sources.
<DELETED>Sec. 611. Siting of windfarms near FAA navigational aides and
other assets.
<DELETED>TITLE VII--MISCELLANEOUS

<DELETED>Sec. 701. General authority.
<DELETED>Sec. 702. Human intervention management study.
<DELETED>Sec. 703. Airport program modifications.
<DELETED>Sec. 704. Miscellaneous program extensions.
<DELETED>Sec. 705. Extension of competitive access reports.
<DELETED>Sec. 706. Update on overflights.
<DELETED>Sec. 707. Technical corrections.
<DELETED>Sec. 708. FAA technical training and staffing.
<DELETED>Sec. 709. Commercial air tour operators in national parks.
<DELETED>Sec. 710. Phaseout of Stage 1 and 2 aircraft.
<DELETED>Sec. 711. Weight restrictions at Teterboro Airport.
<DELETED>Sec. 712. Pilot program for redevelopment of airport
properties.
<DELETED>Sec. 713. Transporting musical instruments.
<DELETED>Sec. 714. Recycling plans for airports.
<DELETED>Sec. 715. Disadvantaged Business Enterprise Program
adjustments.
<DELETED>Sec. 716. Front line manager staffing.

<DELETED>SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>

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

<DELETED>TITLE I--AUTHORIZATIONS</DELETED>

<DELETED>SEC. 101. OPERATIONS.</DELETED>

<DELETED>    (a) In General.--Section 106(k)(1) is amended by striking
subparagraphs (A) through (D) and inserting the following:</DELETED>
<DELETED>    ``(A) $9,336,000,000 for fiscal year 2010;
and</DELETED>
<DELETED>    ``(B) $9,620,000,000 for fiscal year
2011.''.</DELETED>

<DELETED>SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.</DELETED>

<DELETED>    Section 48101(a) is amended by striking paragraphs (1)
through (4) and inserting the following:</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 103. RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    Section 48102 is amended--</DELETED>
<DELETED>    (1) by striking subsection (a) and inserting the
following:</DELETED>
<DELETED>    ``(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:</DELETED>
<DELETED>    ``(1) $200,000,000 for fiscal year 2010.</DELETED>
<DELETED>    ``(2) $206,000,000 for fiscal year
2011.'';</DELETED>
<DELETED>    (2) by striking subsections (c) through (h);
and</DELETED>
<DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(1) research projects to be carried out at
primarily undergraduate institutions and technical
colleges;</DELETED>
<DELETED>    ``(2) research projects that combine research at
primarily undergraduate institutions and technical colleges
with other research supported by the Federal Aviation
Administration;</DELETED>
<DELETED>    ``(3) research on future training requirements on
projected changes in regulatory requirements for aircraft
maintenance and power plant licensees; or</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.</DELETED>

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

<DELETED>SEC. 105. OTHER AVIATION PROGRAMS.</DELETED>

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

<DELETED>SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION
SYSTEM PROJECTS.</DELETED>

<DELETED>    Section 44501(b) is amended--</DELETED>
<DELETED>    (1) by striking ``and'' after the semicolon in
paragraph (3);</DELETED>
<DELETED>    (2) by striking ``defense.'' in paragraph (4) and
inserting ``defense; and''; and</DELETED>
<DELETED>    (3) by adding at the end thereof the
following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR AIRPORT
PROGRAMS.</DELETED>

<DELETED>    (a) In General.--Section 48105 is amended to read as
follows:</DELETED>
<DELETED>``Sec. 48105. Airport programs administrative
expenses</DELETED>
<DELETED>    ``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--</DELETED>
<DELETED>    ``(1) for fiscal year 2010, $94,000,000;
and</DELETED>
<DELETED>    ``(2) for fiscal year 2011,
$98,000,000.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for
chapter 481 is amended by striking the item relating to section 48105
and inserting the following:</DELETED>

<DELETED>``48105. Airport programs administrative expenses.''.

<DELETED>TITLE II--AIRPORT IMPROVEMENTS</DELETED>

<DELETED>SEC. 201. REFORM OF PASSENGER FACILITY CHARGE
AUTHORITY.</DELETED>

<DELETED>    (a) Passenger Facility Charge Streamlining.--Section
40117(c) is amended to read as follows:</DELETED>
<DELETED>    ``(c) Procedural Requirements for Imposition of Passenger
Facility Charge.--</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) the total amount of program revenue
held by the agency at the beginning of the 12 months
covered by the report;</DELETED>
<DELETED>    ``(B) the total amount of program revenue
collected by the agency during the period covered by
the report;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(E) the level of program revenue the
agency plans to collect during the next 12-month period
covered by the report;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(G) any other information on the program
that the Secretary may require.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(3) Consultation with carriers for new
projects.--</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(ii) that the notice include a
full description and justification for a
proposed project;</DELETED>
<DELETED>    ``(iii) that the notice include a
detailed financial plan for the proposed
project; and</DELETED>
<DELETED>    ``(iv) that the notice include the
proposed level for the passenger facility
charge.</DELETED>
<DELETED>    ``(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--
</DELETED>
<DELETED>    ``(i) had not less than 1.0
percent of passenger boardings at the airport
in the prior calendar year;</DELETED>
<DELETED>    ``(ii) had at least 25,000
passenger boardings at the airport in the prior
calendar year; or</DELETED>
<DELETED>    ``(iii) provides scheduled service
at the airport.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(4) Public notice and comment.--</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(B) The Secretary shall prescribe by
regulation what constitutes reasonable notice under
this paragraph, which shall at a minimum require--
</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(iii) submission of public
comments no later than 45 days after the date
of the publication of the notice.</DELETED>
<DELETED>    ``(5) Objections.--</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(B) The Secretary shall provide not less
than 30 days for the eligible agency to respond to any
filed objection.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(i) the project is not an
eligible airport related project;</DELETED>
<DELETED>    ``(ii) the eligible agency has not
complied with the requirements of this section
or the Secretary's implementing regulations in
proposing the project;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(iv) in the case of a proposed
increase in the passenger facility charge
level, the level is not authorized by this
section.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(6) Approval requirement for increased passenger
facility charge or intermodal ground access project.--
</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
<DELETED>    (1) References.--</DELETED>
<DELETED>    (A) Section 40117(a) is amended--
</DELETED>
<DELETED>    (i) by striking ``fee'' in the
heading for paragraph (5) and inserting
``charge''; and</DELETED>
<DELETED>    (ii) by striking ``fee'' each
place it appears in paragraphs (5) and (6) and
inserting ``charge''.</DELETED>
<DELETED>    (B) Subsections (b), and subsections (d)
through (m), of section 40117 are amended--</DELETED>
<DELETED>    (i) by striking ``fee'' or
``fees'' each place either appears and
inserting ``charge'' or ``charges'',
respectively; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (C) The caption for section 40117 is
amended to read as follows:</DELETED>
<DELETED>``Sec. 40117. Passenger facility charges''.</DELETED>
<DELETED>    (D) The table of contents for chapter 401
is amended by striking the item relating to section
40117 and inserting the following:</DELETED>

<DELETED>``40117. Passenger facility charges.''.
<DELETED>    (2) Limitations on approving applications.--
Section 40117(d) is amended--</DELETED>
<DELETED>    (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'';</DELETED>
<DELETED>    (B) by striking ``specific'' in paragraph
(1);</DELETED>
<DELETED>    (C) by striking paragraph (2) and
inserting the following:</DELETED>
<DELETED>    ``(2) the project is an eligible airport-related
project; and'';</DELETED>
<DELETED>    (D) by striking ``each of the specific
projects; and'' in paragraph (3) and inserting ``the
project.''; and</DELETED>
<DELETED>    (E) by striking paragraph (4).</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (4) Limitations on contracts, leases, and use
agreements.--Section 40117(f)(2) is amended by striking ``long-
term''.</DELETED>
<DELETED>    (5) Compliance.--Section 40117(h) is amended--
</DELETED>
<DELETED>    (A) by redesignating paragraph (3) as
paragraph (4); and</DELETED>
<DELETED>    (B) by inserting after paragraph (2) the
following:</DELETED>
<DELETED>    ``(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 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.''.</DELETED>
<DELETED>    (6) Pilot program for pfc at nonhub airports.--
Section 40117(l) is amended--</DELETED>
<DELETED>    (A) by striking ``(c)(2)'' in paragraph
(2) and inserting ``(c)(3)''; and</DELETED>
<DELETED>    (B) by striking ``date that is 3 years
after the date of issuance of regulations to carry out
this subsection.'' in paragraph (7) and inserting
``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.''.</DELETED>
<DELETED>    (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.''.</DELETED>

<DELETED>SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 40117 is amended by adding at the
end thereof the following:</DELETED>
<DELETED>    ``(n) Alternative Passenger Facility Charge Collection
Pilot Program.--</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(2) Collection requirements.--</DELETED>
<DELETED>    ``(A) Direct collection.--An eligible
agency participating in the pilot program--</DELETED>
<DELETED>    ``(i) may collect the charge from
the passenger at the facility, via the
Internet, or in any other reasonable manner;
but</DELETED>
<DELETED>    ``(ii) may not require or permit
the charge to be collected by an air carrier or
foreign air carrier for the flight
segment.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) GAO Study of Alternative Means of Collecting PFCs.--
</DELETED>
<DELETED>    (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--
</DELETED>
<DELETED>    (A) collection options for arriving,
connecting, and departing passengers at
airports;</DELETED>
<DELETED>    (B) cost sharing or fee allocation methods
based on passenger travel to address connecting
traffic; and</DELETED>
<DELETED>    (C) examples of airport fees collected by
domestic and international airports that are not
included in ticket prices.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 203. AMENDMENTS TO GRANT ASSURANCES.</DELETED>

<DELETED>    Section 47107 is amended--</DELETED>
<DELETED>    (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;'';</DELETED>
<DELETED>    (2) by striking ``purpose;'' in subsection
(c)(2)(A)(i) and inserting ``purpose, which includes serving as
noise buffer land;'';</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (4) by redesignating paragraph (3) of subsection
(c) as paragraph (4) and inserting after paragraph (2) the
following:</DELETED>
<DELETED>    ``(3) In approving the reinvestment or transfer of
proceeds under paragraph (2)(C)(iii), the Secretary shall give
preference, in descending order, to--</DELETED>
<DELETED>    ``(i) reinvestment in an approved noise
compatibility project;</DELETED>
<DELETED>    ``(ii) reinvestment in an approved project that is
eligible for funding under section 47117(e);</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(iv) transfer to the sponsor of another public
airport to be reinvested in an approved noise compatibility
project at such airport; and</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS.</DELETED>

<DELETED>    (a) Federal Share.--Section 47109 is amended--</DELETED>
<DELETED>    (1) by striking ``subsection (b) or subsection
(c)'' in subsection (a) and inserting ``subsection (b), (c), or
(e)''; and</DELETED>
<DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Transitioning Airports.--Section 47114(f)(3)(B) is
amended by striking ``year 2004.'' and inserting ``years 2010 and
2011.''.</DELETED>

<DELETED>SEC. 205. AMENDMENTS TO ALLOWABLE COSTS.</DELETED>

<DELETED>    Section 47110 is amended--</DELETED>
<DELETED>    (1) by striking subsection (d) and inserting the
following:</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(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);</DELETED>
<DELETED>    ``(2) the Secretary determines that the relocation
or replacement is required due to a change in the Secretary's
design standards; and</DELETED>
<DELETED>    ``(3) the Secretary determines that the change is
beyond the control of the airport sponsor.''; and</DELETED>
<DELETED>    (2) by striking ``facilities, including fuel farms
and hangars,'' in subsection (h) and inserting ``facilities, as
defined by section 47102,''.</DELETED>

<DELETED>SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.</DELETED>

<DELETED>    Section 47133(b) is amended--</DELETED>
<DELETED>    (1) by resetting the text of the subsection as an
indented paragraph 2 ems from the left margin;</DELETED>
<DELETED>    (2) by inserting ``(1)'' before ``Subsection'';
and</DELETED>
<DELETED>    (3) by adding at the end thereof the
following:</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) the sale is approved by the
Secretary;</DELETED>
<DELETED>    ``(B) funding is provided under this title
for the public sponsor's acquisition; and</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(3) This subsection shall apply to grants issued
on or after October 1, 1996.''.</DELETED>

<DELETED>SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT
COSTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 208. MISCELLANEOUS AMENDMENTS.</DELETED>

<DELETED>    (a) Technical Changes to National Plan of Integrated
Airport Systems.--Section 47103 is amended--</DELETED>
<DELETED>    (1) by striking ``each airport to--'' in
subsection (a) and inserting ``the airport system to--
'';</DELETED>
<DELETED>    (2) by striking ``system in the particular area;''
in subsection (a)(1) and inserting ``system, including
connection to the surface transportation network;
and'';</DELETED>
<DELETED>    (3) by striking ``aeronautics; and'' in subsection
(a)(2) and inserting ``aeronautics.'';</DELETED>
<DELETED>    (4) by striking subsection (a)(3);</DELETED>
<DELETED>    (5) by striking paragraph (2) of subsection (b)
and redesignating paragraph (3) as paragraph (2);</DELETED>
<DELETED>    (6) by striking ``operations, Short Takeoff and
Landing/Very Short Takeoff and Landing aircraft operations,''
in subsection (b)(2), as redesignated, and inserting
``operations''; and</DELETED>
<DELETED>    (7) by striking ``status of the'' in subsection
(d).</DELETED>
<DELETED>    (b) Update Veterans Preference Definition.--Section
47112(c) is amended--</DELETED>
<DELETED>    (1) by striking ``separated from'' in paragraph
(1)(B) and inserting ``discharged or released from active duty
in'';</DELETED>
<DELETED>    (2) by adding at the end of paragraph (1) the
following:</DELETED>
<DELETED>    ``(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.'';
and</DELETED>
<DELETED>    (3) by striking ``veterans and'' in paragraph (2)
and inserting ``veterans, Afghanistan-Iraq war veterans,
and''.</DELETED>
<DELETED>    (c) Annual Report.--Section 47131(a) is amended--
</DELETED>
<DELETED>    (1) by striking ``April 1'' and inserting ``June
1''; and</DELETED>
<DELETED>    (2) by striking paragraphs (1) through (4) and
inserting the following:</DELETED>
<DELETED>    ``(1) a summary of airport development and
planning completed;</DELETED>
<DELETED>    ``(2) a summary of individual grants
issued;</DELETED>
<DELETED>    ``(3) an accounting of discretionary and
apportioned funds allocated; and</DELETED>
<DELETED>    ``(4) the allocation of appropriations;
and''.</DELETED>
<DELETED>    (d) Sunset of Program.--Section 47137 is repealed
effective September 30, 2008.</DELETED>
<DELETED>    (e) Correction to Emission Credits Provision.--Section
47139 is amended--</DELETED>
<DELETED>    (1) by striking ``47102(3)(F),'' in subsection
(a);</DELETED>
<DELETED>    (2) by striking ``47102(3)(F),'' in subsection
(b);</DELETED>
<DELETED>    (3) by striking ``47102(3)(L), or 47140'' in
subsection (b) and inserting ``or 47102(3)(L),'';</DELETED>
<DELETED>    (4) by striking ``47103(3)(F), in subsection (b);
and</DELETED>
<DELETED>    (5) by striking ``47102(3)(L), or 47140,'' in
subsection (b) and inserting ``or 47102(3)(L),''.</DELETED>
<DELETED>    (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),''.</DELETED>
<DELETED>    (g) Airport Capacity Benchmark Reports; Definition of
Joint Use Airport.--Section 47175 is amended--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (2) by adding at the end thereof the
following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (h) Use of Apportioned Amounts.--Section 47117(e)(1)(A) is
amended--</DELETED>
<DELETED>    (1) by striking ``35 percent'' in the first
sentence and inserting ``$300,000,000'';</DELETED>
<DELETED>    (2) by striking ``and'' after
``47141,'';</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (4) by striking ``such 35 percent requirement is''
in the second sentence and inserting ``the requirements of the
preceding sentence are''.</DELETED>
<DELETED>    (i) Use of Previous Fiscal Year's Apportionment.--Section
47114(c)(1) is amended--</DELETED>
<DELETED>    (1) by striking ``and'' after the semicolon in
subparagraph (E)(ii);</DELETED>
<DELETED>    (2) by striking ``airport.'' in subparagraph
(E)(iii) and inserting ``airport; and'';</DELETED>
<DELETED>    (3 by adding at the end of subparagraph (E) the
following:</DELETED>
<DELETED>    ``(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.''; and</DELETED>
<DELETED>    (4) by adding at the end thereof the
following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (j) Section 47102(3) is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (k) 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.''.</DELETED>

<DELETED>SEC. 209. STATE BLOCK GRANT PROGRAM.</DELETED>

<DELETED>    Section 47128 is amended--</DELETED>
<DELETED>    (1) by striking ``regulations'' each place it
appears in subsection (a) and inserting ``guidance'';</DELETED>
<DELETED>    (2) by striking ``grant;'' in subsection (b)(4)
and inserting ``grant, including Federal environmental
requirements or an agreed upon equivalent;'';</DELETED>
<DELETED>    (3) by redesignating subsection (c) as subsection
(d) and inserting after subsection (b) the following:</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR
REVIEWS.</DELETED>

<DELETED>    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.''.</DELETED>

<DELETED>SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT
PROCEDURES.</DELETED>

<DELETED>    Section 47504 is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(e) Grants for Assessment of Flight Procedures.--
</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 212. SAFETY-CRITICAL AIRPORTS.</DELETED>

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

<DELETED>SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT
PROGRAM.</DELETED>

<DELETED>    (a) Pilot Program.--Subchapter I of chapter 471 is amended
by adding at the end thereof the following:</DELETED>
<DELETED>``Sec. 47143. Environmental mitigation demonstration pilot
program</DELETED>
<DELETED>    ``(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 this subchapter, an
environmental mitigation demonstration project approved under this
section shall be treated as eligible for assistance under this
subchapter.</DELETED>
<DELETED>    ``(b) Participation in Pilot Program.--A public-use
airport shall be eligible for participation in the pilot.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(2) will be implemented by an eligible
consortium.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Definitions.--In this section:</DELETED>
<DELETED>    ``(1) Eligible consortium.--The term `eligible
consortium' means a consortium that comprises 2 or more of the
following entities:</DELETED>
<DELETED>    ``(A) Businesses operating in the United
States.</DELETED>
<DELETED>    ``(B) Public or private educational or
research organizations located in the United
States.</DELETED>
<DELETED>    ``(C) Entities of State or local
governments in the United States.</DELETED>
<DELETED>    ``(D) Federal laboratories.</DELETED>
<DELETED>    ``(2) Environmental mitigation demonstration
project.--The term `environmental mitigation demonstration
project' means a project that--</DELETED>
<DELETED>    ``(A) introduces new conceptual
environmental mitigation techniques or technology with
associated benefits, which have already been proven in
laboratory demonstrations;</DELETED>
<DELETED>    ``(B) proposes methods for efficient
adaptation or integration of new concepts to airport
operations; and</DELETED>
<DELETED>    ``(C) will demonstrate whether new
techniques or technology for environmental mitigation
identified in research are--</DELETED>
<DELETED>    ``(i) practical to implement at or
near multiple public use airports;
and</DELETED>
<DELETED>    ``(ii) capable of reducing noise,
airport emissions, or water quality impacts in
measurably significant amounts.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for
chapter 471 is amended by inserting after the item relating to section
47142 the following:</DELETED>

<DELETED>``47143. Environmental mitigation demonstration pilot
program.''.

<DELETED>SEC. 214. ALLOWABLE PROJECT COSTS FOR AIRPORT DEVELOPMENT
PROGRAM.</DELETED>

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

<DELETED>SEC. 215. GLYCOL RECOVERY VEHICLES.</DELETED>

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

<DELETED>SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT.</DELETED>

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

<DELETED>SEC. 217. UNITED STATES TERRITORY MINIMUM GUARANTEE.</DELETED>

<DELETED>    Section 47114(e) is amended--</DELETED>
<DELETED>    (1) by inserting ``and any United States
Territory'' after ``Alaska'' in the subsection heading;
and</DELETED>
<DELETED>    (2) by adding at the end thereof the
following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 218. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA
REFORM</DELETED>

<DELETED>SEC. 301. AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT
BOARD.</DELETED>

<DELETED>    Section 106(p) is amended to read as follows:</DELETED>
<DELETED>    ``(p) Air Traffic Control Modernization Oversight Board.--
</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 7
other members, who shall consist of--</DELETED>
<DELETED>    ``(A) the Administrator and a
representative from the Department of
Defense;</DELETED>
<DELETED>    ``(B) 1 member who shall have a fiduciary
responsibility to represent the public interest;
and</DELETED>
<DELETED>    ``(C) 4 members representing aviation
interests, as follows:</DELETED>
<DELETED>    ``(i) 1 representative that is the
chief executive officer of an
airport.</DELETED>
<DELETED>    ``(ii) 1 representative that is
the chief executive officer of a passenger or
cargo air carrier.</DELETED>
<DELETED>    ``(iii) 1 representative of a
labor organization representing employees at
the Federal Aviation Administration that are
involved with the operation, maintenance or
procurement of the air traffic control
system.</DELETED>
<DELETED>    ``(iv) 1 representative with
extensive operational experience in the general
aviation community.</DELETED>
<DELETED>    ``(3) Appointment and qualifications.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(i) management of large service
organizations;</DELETED>
<DELETED>    ``(ii) customer service;</DELETED>
<DELETED>    ``(iii) management of large
procurements;</DELETED>
<DELETED>    ``(iv) information and
communications technology;</DELETED>
<DELETED>    ``(v) organizational development;
and</DELETED>
<DELETED>    ``(vi) labor relations.</DELETED>
<DELETED>    ``(C) Of the members first appointed under
paragraphs (2)(B) and (2)(C)--</DELETED>
<DELETED>    ``(i) 2 shall be appointed for
terms of 1 year;</DELETED>
<DELETED>    ``(ii) 1 shall be appointed for a
term of 2 years;</DELETED>
<DELETED>    ``(iii) 1 shall be appointed for a
term of 3 years; and</DELETED>
<DELETED>    ``(iv) 1 shall be appointed for a
term of 4 years.</DELETED>
<DELETED>    ``(4) Functions.--</DELETED>
<DELETED>    ``(A) In general.--The Board shall--
</DELETED>
<DELETED>    ``(i) review and provide advice on
the Administration's modernization programs,
budget, and cost accounting system;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(iii) review the operational
efficiency of the air traffic control system
and make recommendations on the operational and
performance metrics for that system;</DELETED>
<DELETED>    ``(iv) approve procurements of air
traffic control equipment in excess of
$100,000,000;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(vi) approve the Federal
Aviation Administration's Capital Investment
Plan prior to its submission to the
Congress;</DELETED>
<DELETED>    ``(vii) annually review and make
recommendations on the NextGen Implementation
Plan;</DELETED>
<DELETED>    ``(viii) approve the
Administrator's selection of the Chief NextGen
Officer appointed or designated under section
302(a) of the FAA Air Transportation
Modernization and Safety Improvement Act;
and</DELETED>
<DELETED>    ``(ix) approve the selection of
the head of the Joint Planning and Development
Office.</DELETED>
<DELETED>    ``(B) Meetings.--The Board shall meet on a
regular and periodic basis or at the call of the
Chairman or of the Administrator.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(6) Administrative matters.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) Reappointment.--No individual may be
appointed to the Board for more than 8 years
total.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(E) Removal.--Any member of the Board
appointed under paragraph (2)(B) or (2)(C) may be
removed by the President for cause.</DELETED>
<DELETED>    ``(F) Claims against members of the
board.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(ii) Effect on other law.--This
subparagraph shall not be construed--</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(II) to affect any other
right or remedy against the United
States under applicable law;
or</DELETED>
<DELETED>    ``(III) to limit or alter
in any way the immunities that are
available under applicable law for
Federal officers and
employees.</DELETED>
<DELETED>    ``(G) Ethical considerations.--Each member
of the Board appointed under paragraph (2)(B) must
certify that the member--</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(ii) does not engage in another
business related to aviation or aeronautics;
and</DELETED>
<DELETED>    ``(iii) is not a member of any
organization that engages, as a substantial
part of its activities, in activities to
influence aviation-related
legislation.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 302. NEXTGEN MANAGEMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Specific Duties.--The individual appointed or
designated under subsection (a) shall--</DELETED>
<DELETED>    (1) oversee the implementation of all
Administration NextGen programs;</DELETED>
<DELETED>    (2) coordinate implementation of those NextGen
programs with the Office of Management and Budget;</DELETED>
<DELETED>    (3) develop an annual NextGen implementation plan;
and</DELETED>
<DELETED>    (4) 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.</DELETED>

<DELETED>SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAFFIC
SERVICES.</DELETED>

<DELETED>    Section 106(l) is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) promote the safety of life and
property;</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(C) encourage competition and provide
services to the largest feasible number of users;
and</DELETED>
<DELETED>    ``(D) take into account the unique role
served by general aviation.''.</DELETED>

<DELETED>SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO
REIMBURSABLE AGREEMENTS.</DELETED>

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

<DELETED>SEC. 305. CLARIFICATION TO ACQUISITION REFORM
AUTHORITY.</DELETED>

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

<DELETED>SEC. 306. ASSISTANCE TO OTHER AVIATION AUTHORITIES.</DELETED>

<DELETED>    Section 40113(e) is amended--</DELETED>
<DELETED>    (1) by inserting ``(whether public or private)''
in paragraph (1) after ``authorities'';</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.''.</DELETED>

<DELETED>SEC. 307. PRESIDENTIAL RANK AWARD PROGRAM.</DELETED>

<DELETED>    Section 40122(g)(2) is amended--</DELETED>
<DELETED>    (1) by striking ``and'' after the semicolon in
subparagraph (G);</DELETED>
<DELETED>    (2) by striking ``Board.'' in subparagraph (H) and
inserting ``Board; and''; and</DELETED>
<DELETED>    (3) by inserting at the end the following new
subparagraph:</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(i) for purposes of applying
such provisions to the personnel management
system--</DELETED>
<DELETED>    ``(I) the term `agency'
means the Department of
Transportation;</DELETED>
<DELETED>    ``(II) the term `senior
executive' means a Federal Aviation
Administration executive;</DELETED>
<DELETED>    ``(III) the term `career
appointee' means a Federal Aviation
Administration career executive;
and</DELETED>
<DELETED>    ``(IV) the term `senior
career employee' means a Federal
Aviation Administration career senior
professional;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 308. NEXT GENERATION FACILITIES NEEDS
ASSESSMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Review and Recommendations.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (3) The Administrator may not consolidate any
additional approach control facilities into the Southern
California TRACON, or the Memphis TRACON until the Board's
recommendations are completed.</DELETED>
<DELETED>    (e) Realignment Defined.--In this section, the term
``realignment''--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (2) does not include a reduction in personnel
resulting from workload adjustments.</DELETED>

<DELETED>SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYSTEM
IMPLEMENTATION OFFICE.</DELETED>

<DELETED>    (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--
</DELETED>
<DELETED>    (1) by inserting ``strategic and cross-agency''
after ``manage'' in subsection (a)(1);</DELETED>
<DELETED>    (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.'';</DELETED>
<DELETED>    (3) by inserting ``(A)'' after ``(3)'' in
subsection (a)(3);</DELETED>
<DELETED>    (4) by inserting after subsection (a)(3) the
following:</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(i) carrying out the Department
or agency's Next Generation Air Transportation
System implementation activities with the
Office;</DELETED>
<DELETED>    ``(ii) liaison and coordination
with other Departments and agencies involved in
Next Generation Air Transportation System
activities; and</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(C) The head of any such Department or
agency shall ensure that--</DELETED>
<DELETED>    ``(i) the Department's or agency's
Next Generation Air Transportation System
responsibilities are clearly communicated to
the designated office; and</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--
</DELETED>
<DELETED>    ``(I) describes the respective
responsibilities of each such Department and
agency, including budgetary commitments;
and</DELETED>
<DELETED>    ``(II) the budgetary and staff
resources committed to the project.</DELETED>
<DELETED>    ``(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.'';</DELETED>
<DELETED>    (5) by striking ``beyond those currently included
in the Federal Aviation Administration's Operational Evolution
Plan'' in subsection (b);</DELETED>
<DELETED>    (6) by striking ``research and development
roadmap'' in subsection (b)(3) and inserting ``implementation
plan'';</DELETED>
<DELETED>    (7) by striking ``and'' after the semicolon in
subsection (b)(3)(B);</DELETED>
<DELETED>    (8) by inserting after subsection (b)(3)(C) the
following:</DELETED>
<DELETED>    ``(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'';</DELETED>
<DELETED>    (9) by inserting ``and key technologies'' after
``concepts'' in subsection (b)(4);</DELETED>
<DELETED>    (10) by striking ``users'' in subsection (b)(4)
and inserting ``users, an implementation plan,'';</DELETED>
<DELETED>    (11) by adding at the end of subsection (b) the
following:</DELETED>
<DELETED>``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</DELETED>
<DELETED>    (12) by striking ``2010.'' in subsection (e) and
inserting ``2011.''.</DELETED>
<DELETED>    (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.''.</DELETED>

<DELETED>SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY.</DELETED>

<DELETED>    Section 40102(a)(4) is amended--</DELETED>
<DELETED>    (1) by striking subparagraph (B) and inserting the
following:</DELETED>
<DELETED>    ``(B) runway lighting and airport surface
visual and other navigation aids;'';</DELETED>
<DELETED>    (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;'';</DELETED>
<DELETED>    (3) by striking ``another structure'' in
subparagraph (D) and inserting ``any structure or
equipment'';</DELETED>
<DELETED>    (4) by striking ``aircraft.'' in subparagraph (D)
and inserting ``aircraft; and''; and</DELETED>
<DELETED>    (5) by adding at the end the following:</DELETED>
<DELETED>    ``(E) buildings, equipment and systems
dedicated to the National Airspace System.''.</DELETED>

<DELETED>SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 312. EDUCATIONAL REQUIREMENTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM.</DELETED>

<DELETED>    Section 40122(a)(2) is amended to read as
follows:</DELETED>
<DELETED>    ``(2) Dispute resolution.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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
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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(D) Enforcement.--Enforcement of the
provisions of this paragraph shall be in the United
States District Court for the District of
Columbia.''.</DELETED>

<DELETED>SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES.</DELETED>

<DELETED>    (a) OEP Airport Procedures.--</DELETED>
<DELETED>    (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, and aircraft manufacturers that includes the
following:</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (C) Implementation plan.--A plan for
implementing those procedures that establishes--
</DELETED>
<DELETED>    (i) clearly defined budget,
schedule, project organization, and leadership
requirements;</DELETED>
<DELETED>    (ii) specific implementation and
transition steps; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Implementation schedule.--The Administrator
shall certify, publish, and implement--</DELETED>
<DELETED>    (A) 30 percent of the required procedures
within 18 months after the date of enactment of this
Act;</DELETED>
<DELETED>    (B) 60 percent of the procedures within 36
months after the date of enactment of this Act;
and</DELETED>
<DELETED>    (C) 100 percent of the procedures before
January 1, 2014.</DELETED>
<DELETED>    (b) Expansion of Plan to Other Airports.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Implementation schedule.--The Administrator
shall certify, publish, and implement--</DELETED>
<DELETED>    (A) 25 percent of the required procedures
at such other airports before January 1,
2015;</DELETED>
<DELETED>    (B) 50 percent of the procedures at such
other airports before January 1, 2016;</DELETED>
<DELETED>    (C) 75 percent of the procedures at such
other airports before January 1, 2017; and</DELETED>
<DELETED>    (D) 100 percent of the procedures before
January 1, 2018.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (1) clearly defined budget, schedule, project
organization, and leadership requirements;</DELETED>
<DELETED>    (2) specific implementation and transition steps;
and</DELETED>
<DELETED>    (3) baseline and performance metrics for measuring
the Administration's progress in implementing the
plan.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (2) evaluates the feasibility of reducing aircraft
separation standards in a safe manner as a result of
implementation of such technologies; and</DELETED>
<DELETED>    (3) if the Administrator determines that such
standards can be reduced safely, includes a timetable for
implementation of such reduced standards.</DELETED>

<DELETED>SEC. 315. ADS-B DEVELOPMENT AND IMPLEMENTATION.</DELETED>

<DELETED>    (a) In General.--</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (B) a transition plan for ADS-B that
includes date-specific milestones for the
implementation of new capabilities into the National
Airspace System;</DELETED>
<DELETED>    (C) identification of any potential
operational or workforce changes resulting from
deployment of ADS-B;</DELETED>
<DELETED>    (D) detailed plans and schedules for
implementation of advanced operational procedures and
ADS-B air-to-air applications; and</DELETED>
<DELETED>    (E) baseline and performance metrics in
order to measure the agency's progress.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) Rulemakings.--</DELETED>
<DELETED>    (1) ADS-B out.--Not later than 45 days after the
date of enactment of this Act the Administrator shall--
</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (i) identify the ADS-B Out
technology that will be required under
NextGen;</DELETED>
<DELETED>    (ii) subject to paragraph (3),
require all aircraft to be equipped with such
technology by 2015; and</DELETED>
<DELETED>    (iii) identify--</DELETED>
<DELETED>    (I) the type of such
avionics required of aircraft for all
classes of airspace;</DELETED>
<DELETED>    (II) the expected costs
associated with the avionics;
and</DELETED>
<DELETED>    (III) the expected uses
and benefits of the avionics;
and</DELETED>
<DELETED>    (B) initiate a rulemaking proceeding to
issue any additional guidelines and regulations for
ADS-B Out technology not addressed in the initial
rulemaking.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) identify the ADS-B In technology that
will be required under NextGen;</DELETED>
<DELETED>    (B) subject to paragraph (3), require all
aircraft to be equipped with such technology by 2018;
and</DELETED>
<DELETED>    (C) identify--</DELETED>
<DELETED>    (i) the type of such avionics
required of aircraft for all classes of
airspace;</DELETED>
<DELETED>    (ii) the expected costs associated
with the avionics; and</DELETED>
<DELETED>    (iii) the expected uses and
benefits of the avionics.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) the necessary ground infrastructure is
installed and functioning properly;</DELETED>
<DELETED>    (B) certification standards have been
approved; and</DELETED>
<DELETED>    (C) appropriate operational platforms
interface safely and efficiently.</DELETED>
<DELETED>    (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--
</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (2) identify the equipment required at air traffic
control facilities and the training required for air traffic
controllers;</DELETED>
<DELETED>    (3) develop procedures, in consultation with
appropriate employee groups, to conduct air traffic management
in mixed equipage environments; and</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 316. EQUIPAGE INCENTIVES.</DELETED>

<DELETED>    (a) In General.--The Administrator shall issue a report
that--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (2) identifies the costs and benefits of each
option; and</DELETED>
<DELETED>    (3) includes input from industry stakeholders,
including passenger and cargo air carriers, aerospace
manufacturers, and general aviation aircraft
operators.</DELETED>
<DELETED>    (b) Deadline.--The Administrator shall issue the report
before the earlier of--</DELETED>
<DELETED>    (1) the date that is 6 months after the date of
enactment of this Act; or</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 317. PERFORMANCE METRICS.</DELETED>

<DELETED>    (a) In General.--No later than June 1, 2010, the
Administrator shall establish and track National Airspace System
performance metrics, including, at a minimum--</DELETED>
<DELETED>    (1) the allowable operations per hour on
runways;</DELETED>
<DELETED>    (2) average gate-to-gate times;</DELETED>
<DELETED>    (3) fuel burned between key city pairs;</DELETED>
<DELETED>    (4) operations using the advanced procedures
implemented under section 314 of this Act;</DELETED>
<DELETED>    (5) average distance flown between key city
pairs;</DELETED>
<DELETED>    (6) time between pushing back from the gate and
taking off;</DELETED>
<DELETED>    (7) uninterrupted climb or descent;</DELETED>
<DELETED>    (8) average gate arrival delay for all
arrivals;</DELETED>
<DELETED>    (9) flown versus filed flight times for key city
pairs; and</DELETED>
<DELETED>    (10) metrics to demonstrate reduced fuel burn and
reduced emissions.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Reports.--</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (B) information about how any additional
metrics were developed.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 318. CERTIFICATION STANDARDS AND RESOURCES.</DELETED>

<DELETED>    (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--</DELETED>
<DELETED>    (1) updated project plans and timelines to meet
the deadlines established by this title;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (5) performance metrics to measure the
Administration's progress.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 319. UNMANNED AERIAL SYSTEMS.</DELETED>

<DELETED>    (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--</DELETED>
<DELETED>    (1) creates a pilot project to integrate such
vehicles into the National Airspace System at 2 test sites in
the National Airspace System by 2012;</DELETED>
<DELETED>    (2) creates a safe, non-exclusionary airspace
designation for cooperative manned and unmanned flight
operations in the National Airspace System;</DELETED>
<DELETED>    (3) establishes a process to develop
certification, flight standards, and air traffic requirements
for such vehicles at the test sites;</DELETED>
<DELETED>    (4) dedicates funding for unmanned aerial systems
research and development to certification, flight standards,
and air traffic requirements;</DELETED>
<DELETED>    (5) encourages leveraging and coordination of such
research and development activities with the National
Aeronautics and Space Administration and the Department of
Defense;</DELETED>
<DELETED>    (6) addresses both military and civilian unmanned
aerial system operations;</DELETED>
<DELETED>    (7) ensures the unmanned aircraft systems
integration plan is incorporated in the Administration's
NextGen Air Transportation System implementation plan;
and</DELETED>
<DELETED>    (8) provides for verification of the safety of the
vehicles and navigation procedures before their integration
into the National Airspace System.</DELETED>

<DELETED>SEC. 320. SURFACE SYSTEMS PROGRAM OFFICE.</DELETED>

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

<DELETED>SEC. 321. STAKEHOLDER COORDINATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Participation.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Capacity and compensation.--Exclusive
collective bargaining representatives and selected employees
participating in the process described in subsection (a)
shall--</DELETED>
<DELETED>    (A) serve in a collaborative and advisory
capacity; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 322. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY
CONDITIONS.</DELETED>

<DELETED>    (a) Establishment.--The Administrator shall establish a
special task force to be known as the ``FAA Task Force on Air Traffic
Control Facility Conditions''.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
<DELETED>    (1) Composition.--The Task Force shall be composed
of 11 members of whom--</DELETED>
<DELETED>    (A) 7 members shall be appointed by the
Administrator; and</DELETED>
<DELETED>    (B) 4 members shall be appointed by labor
unions representing employees who work at field
facilities of the Administration.</DELETED>
<DELETED>    (2) Qualifications.--Of the members appointed by
the Administrator under paragraph (1)(A)--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (B) 2 members shall be specialists on the
rehabilitation of aging buildings.</DELETED>
<DELETED>    (3) Terms.--Members shall be appointed for the
life of the Task Force.</DELETED>
<DELETED>    (4) Vacancies.--A vacancy in the Task Force shall
be filled in the manner in which the original appointment was
made.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Task Force Personnel Matters.--</DELETED>
<DELETED>    (1) Staff.--The Task Force may appoint and fix the
pay of such personnel as it considers appropriate.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Duties.--</DELETED>
<DELETED>    (1) Study.--The Task Force shall undertake a study
of--</DELETED>
<DELETED>    (A) the conditions of all air traffic
control facilities across the Nation, including towers,
centers, and terminal radar air control;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (C) conditions of such facilities that
could interfere with such employees' ability to
effectively and safely perform their duties;</DELETED>
<DELETED>    (D) the ability of managers and
supervisors of such employees to promptly document and
seek remediation for unsafe facility
conditions;</DELETED>
<DELETED>    (E) whether employees of the
Administration who report facility-related illnesses
are treated fairly;</DELETED>
<DELETED>    (F) utilization of scientifically approved
remediation techniques in a timely fashion once
hazardous conditions are identified in a facility of
the Administration; and</DELETED>
<DELETED>    (G) resources allocated to facility
maintenance and renovation by the
Administration.</DELETED>
<DELETED>    (2) Facility condition indices.--The Task Force
shall review the facility condition indices of the
Administration for inclusion in the recommendations under
subsection (g).</DELETED>
<DELETED>    (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--
</DELETED>
<DELETED>    (1) prioritize those facilities needing the most
immediate attention in order of the greatest risk to employee
health and safety;</DELETED>
<DELETED>    (2) ensure that the Administration is using
scientifically approved remediation techniques in all
facilities; and</DELETED>
<DELETED>    (3) assist the Administration in making
programmatic changes so that aging air traffic control
facilities do not deteriorate to unsafe levels.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 323. STATE ADS-B EQUIPAGE BANK PILOT PROGRAM.</DELETED>

<DELETED>    (a) In General.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) Funding.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Authorization.--There are authorized to be
appropriated to the Secretary $25,000,000 for each of fiscal
years 2010 through 2014.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Requirements.--In order to establish an ADS-B equipage
bank under this section, each State establishing such a bank shall--
</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (3) ensure that investment income generated by
funds contributed to an account of the bank will be--</DELETED>
<DELETED>    (A) credited to the account;</DELETED>
<DELETED>    (B) available for use in providing loans
and other assistance to projects eligible for
assistance from the account; and</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 324. DEFINITIONS.</DELETED>

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

<DELETED>TITLE IV--AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE
IMPROVEMENTS</DELETED>

<DELETED>SUBTITLE A--CONSUMER PROTECTION</DELETED>

<DELETED>SEC. 401. AIRLINE CUSTOMER SERVICE COMMITMENT.</DELETED>

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

<DELETED>``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE</DELETED>

<DELETED>``Sec. 41781. Air carrier and airport contingency plans for
long on-board tarmac delays</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Air Carrier Plans.--The plan shall require each air
carrier to implement at a minimum the following:</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) adequate food and potable
water;</DELETED>
<DELETED>    ``(B) adequate restroom
facilities;</DELETED>
<DELETED>    ``(C) cabin ventilation and comfortable
cabin temperatures; and</DELETED>
<DELETED>    ``(D) access to necessary medical
treatment.</DELETED>
<DELETED>    ``(2) Right to deplane.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) Delays.--</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(I) 3 hours have elapsed
after passengers have boarded the
aircraft, the aircraft doors are
closed, and the aircraft has not
departed; or</DELETED>
<DELETED>    ``(II) 3 hours have
elapsed after the aircraft has landed
and the passengers on the aircraft have
been unable to deplane.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(iii) Exceptions.--This
subparagraph shall not apply if--</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(II) the pilot of such
aircraft reasonably determines that
permitting a passenger to deplane would
jeopardize passenger safety or
security.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Airport Plans.--Each airport operator shall submit a
proposed contingency plan under subsection (b) that contains a
description of--</DELETED>
<DELETED>    ``(1) how the airport operator will provide for
the deplanement of passengers following a long tarmac delay;
and</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Updates.--The Secretary shall require periodic
reviews and updates of the plans as necessary.</DELETED>
<DELETED>    ``(g) Approval.--</DELETED>
<DELETED>    ``(1) In general.--Not later than 6 months after
the date of the enactment of this section, the Secretary of
Transportation shall--</DELETED>
<DELETED>    ``(A) review the initial contingency plans
submitted under subsection (b); and</DELETED>
<DELETED>    ``(B) approve plans that closely adhere to
the standards described in subsections (d) or (e),
whichever is applicable.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) review the plan; and</DELETED>
<DELETED>    ``(B) approve the plan if it closely
adheres to the standards described in subsections (d)
or (e), whichever is applicable.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--
</DELETED>
<DELETED>    ``(1) including the plan on the Internet Web site
of the carrier or airport; or</DELETED>
<DELETED>    ``(2) disseminating the plan by other means, as
determined by the Secretary.</DELETED>
<DELETED>``Sec. 41782. Air passenger complaints hotline and
information</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Public Notice.--The Secretary shall notify the
public of the telephone number established under subsection
(a).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for
chapter 417 is amended by adding at the end the following:</DELETED>

<DELETED>``subchapter iv--airline customer service

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

<DELETED>SEC. 402. PUBLICATION OF CUSTOMER SERVICE DATA AND FLIGHT
DELAY HISTORY.</DELETED>

<DELETED>    (a) In General.--Section 41722 is amended by adding at the
end the following:</DELETED>
<DELETED>    ``(f) Chronically Delayed Flights.--</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) publish and update on the Internet
website of the air carrier a list of chronically
delayed flights operated by such air carrier;
and</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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:</DELETED>
<DELETED>    ``(A) The on-time performance for the
flight if the flight is a chronically delayed
flight.</DELETED>
<DELETED>    ``(B) The cancellation rate for the flight
if the flight is a chronically canceled
flight.</DELETED>
<DELETED>    ``(3) Definitions.--In this subsection:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of enactment of this
Act.</DELETED>

<DELETED>SEC. 403. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT
INVESTIGATIONS.</DELETED>

<DELETED>    (a) In General.--Subject to the availability of
appropriations, the Secretary of Transportation shall investigate
consumer complaints regarding--</DELETED>
<DELETED>    (1) flight cancellations;</DELETED>
<DELETED>    (2) compliance with Federal regulations concerning
overbooking seats flights;</DELETED>
<DELETED>    (3) lost, damaged, or delayed baggage, and
difficulties with related airline claims procedures;</DELETED>
<DELETED>    (4) problems in obtaining refunds for unused or
lost tickets or fare adjustments;</DELETED>
<DELETED>    (5) incorrect or incomplete information about
fares, discount fare conditions and availability, overcharges,
and fare increases;</DELETED>
<DELETED>    (6) the rights of passengers who hold frequent
flier miles, or equivalent redeemable awards earned through
customer-loyalty programs; and</DELETED>
<DELETED>    (7) deceptive or misleading advertising.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 404. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION
CONSUMER PROTECTION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Membership.--The Secretary shall appoint members of
the advisory committee comprised of one representative each of--
</DELETED>
<DELETED>    (1) air carriers;</DELETED>
<DELETED>    (2) airport operators;</DELETED>
<DELETED>    (3) State or local governments who has expertise
in consumer protection matters; and</DELETED>
<DELETED>    (4) a nonprofit public interest group who has
expertise in consumer protection matters.</DELETED>
<DELETED>    (c) Vacancies.--A vacancy in the advisory committee shall
be filled in the manner in which the original appointment was
made.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Chairperson.--The Secretary shall designate, from
among the individuals appointed under subsection (b), an individual to
serve as chairperson of the advisory committee.</DELETED>
<DELETED>    (f) Duties.--The duties of the advisory committee shall
include--</DELETED>
<DELETED>    (1) evaluating existing aviation consumer
protection programs and providing recommendations for the
improvement of such programs, if needed; and</DELETED>
<DELETED>    (2) providing recommendations to establish
additional aviation consumer protection programs, if
needed.</DELETED>
<DELETED>    (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--
</DELETED>
<DELETED>    (1) the recommendations made by the advisory
committee during the preceding calendar year; and</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 405. DISCLOSURE OF PASSENGER FEES.</DELETED>

<DELETED>    (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--</DELETED>
<DELETED>    (1) checked baggage or oversized or heavy
baggage;</DELETED>
<DELETED>    (2) meals, beverages, or other
refreshments;</DELETED>
<DELETED>    (3) seats in exit rows, seats with additional
space, or other preferred seats in any given class of
travel;</DELETED>
<DELETED>    (4) purchasing tickets from an airline ticket
agent or a travel agency; or</DELETED>
<DELETED>    (5) any other good, service, or amenity provided
by the air carrier, as required by the Secretary.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES</DELETED>

<DELETED>SEC. 411. EAS CONNECTIVITY PROGRAM.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 412. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE
ADJUSTMENT ELIGIBILITY.</DELETED>

<DELETED>    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.''.</DELETED>

<DELETED>SEC. 413. EAS CONTRACT GUIDELINES.</DELETED>

<DELETED>    Section 41737(a)(1) is amended--</DELETED>
<DELETED>    (1) by striking ``and'' after the semicolon in
subparagraph (B);</DELETED>
<DELETED>    (2) by striking ``provided.'' in subparagraph (C)
and inserting ``provided;''; and</DELETED>
<DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 414. CONVERSION OF FORMER EAS AIRPORTS.</DELETED>

<DELETED>    (a) In General.--Section 41745 is amended--</DELETED>
<DELETED>    (1) by redesignating subsections (c) through (g)
as subsections (d) through (h), respectively; and</DELETED>
<DELETED>    (2) by inserting after subsection (b) the
following:</DELETED>
<DELETED>    ``(c) Conversion of Lost Eligibility Airports.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) Grants.--A grant under this subsection--
</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(B) may be used--</DELETED>
<DELETED>    ``(i) for airport development (as
defined in section 47102(3)) that will enhance
general aviation capacity at the
airport;</DELETED>
<DELETED>    ``(ii) to defray operating
expenses, if such use is approved by the
Secretary; or</DELETED>
<DELETED>    ``(iii) to develop innovative air
service options, such as on-demand or air taxi
operations, if such use is approved by the
Secretary.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(4) Limitation.--The sponsor of an airport
receiving funding under this subsection is not eligible for
funding under section 41736.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 41745(f), as
redesignated, is amended--</DELETED>
<DELETED>    (1) by striking ``An eligible place'' and
inserting ``Neither an eligible place, nor a place to which
subsection (c) applies,''; and</DELETED>
<DELETED>    (2) by striking ``not''.</DELETED>

<DELETED>SEC. 415. EAS REFORM.</DELETED>

<DELETED>    Section 41742(a) is amended--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (2) by striking ``$77,000,000'' in paragraph (2)
and inserting ``$125,000,000''.</DELETED>

<DELETED>SEC. 416. SMALL COMMUNITY AIR SERVICE.</DELETED>

<DELETED>    (a) Priorities.--Section 41743(c)(5) is amended--
</DELETED>
<DELETED>    (1) by striking ``and'' after the semicolon in
subparagraph (D);</DELETED>
<DELETED>    (2) by striking ``fashion.'' in subparagraph (E)
and inserting ``fashion; and''; and</DELETED>
<DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(F) multiple communities cooperate to
submit a region or multistate application to improve
air service.''.</DELETED>
<DELETED>    (b) Extension of Authorization.--Section 41743(e)(2) is
amended by striking ``2008'' and inserting ``2011''.</DELETED>

<DELETED>SEC. 417. EAS MARKETING.</DELETED>

<DELETED>    The Secretary of Transportation shall require all
applications to provide service under subchapter II of chapter 417 of
title 49, United States Code, include a marketing plan.</DELETED>

<DELETED>SEC. 418. RURAL AVIATION IMPROVEMENT.</DELETED>

<DELETED>    (a) Communities Above Per Passenger Subsidy Cap.--
</DELETED>
<DELETED>    (1) In general.--Subchapter II of chapter 417 is
amended by adding at the end the following:</DELETED>
<DELETED>``</DELETED><DELETED>41749. Essential air service for
eligible places above per passenger subsidy cap</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Place Described.--A place described in this
subsection is a place--</DELETED>
<DELETED>    ``(1) that is otherwise an eligible place;
and</DELETED>
<DELETED>    ``(2) for which the per passenger subsidy exceeds
the dollar amount allowable under this subchapter.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(1) decide whether to provide compensation for
the air carrier to provide air transportation to the place;
and</DELETED>
<DELETED>    ``(2) approve the proposal if the State or local
government or a person is willing and able to pay the
difference between--</DELETED>
<DELETED>    ``(A) the per passenger subsidy;
and</DELETED>
<DELETED>    ``(B) the dollar amount allowable for such
subsidy under this subchapter.</DELETED>
<DELETED>    ``(d) Compensation Payments.--</DELETED>
<DELETED>    ``(1) In general.--The Secretary shall pay
compensation under this section at such time and in such manner
as the Secretary determines is appropriate.</DELETED>
<DELETED>    ``(2) Duration of payments.--The Secretary shall
continue to pay compensation under this section only as long
as--</DELETED>
<DELETED>    ``(A) the State or local government or
person agreeing to pay compensation under subsection
(c)(2) continues to pay such compensation;
and</DELETED>
<DELETED>    ``(B) the Secretary decides the
compensation is necessary to maintain air
transportation to the place.</DELETED>
<DELETED>    ``(e) Review.--</DELETED>
<DELETED>    ``(1) In general.--The Secretary shall
periodically review the type and level of air service provided
under this section.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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--
</DELETED>
<DELETED>    ``(1) the Secretary;</DELETED>
<DELETED>    ``(2) the affected community; and</DELETED>
<DELETED>    ``(3) the State or local government or person
agreeing to pay compensation under subsection
(c)(2).''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``41749. Essential air service for eligible places above per
passenger subsidy cap.''.
<DELETED>    (b) Preferred Essential Air Service.--</DELETED>
<DELETED>    (1) In general.--Subchapter II of chapter 417, as
amended by subsection (a), is further amended by adding after
section 41749 the following:</DELETED>
<DELETED>``</DELETED><DELETED>41750. Preferred essential air
service</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Preferred Air Carrier Described.--A preferred air
carrier described in this subsection is an air carrier that--</DELETED>
<DELETED>    ``(1) submits an application under section
41733(c) to provide air transportation to an eligible
place;</DELETED>
<DELETED>    ``(2) is not the air carrier that submits the
lowest cost bid to provide air transportation to the eligible
place; and</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(1) decide whether to provide compensation for
the preferred air carrier to provide air transportation to the
eligible place; and</DELETED>
<DELETED>    ``(2) approve the proposal if the State or local
government or a person is willing and able to pay the
difference between--</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(B) the rate of compensation the
preferred air carrier estimates to be necessary to
provide air transportation to the eligible
place.</DELETED>
<DELETED>    ``(d) Compensation Payments.--</DELETED>
<DELETED>    ``(1) In general.--The Secretary shall pay
compensation under this section at such time and in such manner
as the Secretary determines is appropriate.</DELETED>
<DELETED>    ``(2) Duration of payments.--The Secretary shall
continue to pay compensation under this section only as long
as--</DELETED>
<DELETED>    ``(A) the State or local government or
person agreeing to pay compensation under subsection
(c)(2) continues to pay such compensation;
and</DELETED>
<DELETED>    ``(B) the Secretary decides the
compensation is necessary to maintain air
transportation to the eligible place.</DELETED>
<DELETED>    ``(e) Review.--</DELETED>
<DELETED>    ``(1) In general.--The Secretary shall
periodically review the type and level of air service provided
under this section.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(1) the Secretary;</DELETED>
<DELETED>    ``(2) the affected community; and</DELETED>
<DELETED>    ``(3) the State or local government or person
agreeing to pay compensation under subsection
(c)(2).''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``41750. Preferred essential air service.''.
<DELETED>    (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 new
subsection:</DELETED>
<DELETED>    ``(f) Restoration of Eligibility for Subsidized Essential
Air Service.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (d) Office of Rural Aviation.--</DELETED>
<DELETED>    (1) Establishment.--There is established within
the Office of the Secretary of Transportation the Office of
Rural Aviation.</DELETED>
<DELETED>    (e) Functions.--The functions of the Office are--
</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) estimates from air carriers on--
</DELETED>
<DELETED>    (i) the cost of providing
essential air service; and</DELETED>
<DELETED>    (ii) the revenues air carriers
expect to receive when providing essential air
service; and</DELETED>
<DELETED>    (B) estimated schedules for air
transportation; and</DELETED>
<DELETED>    (3) to select an air carrier from among air
carriers applying to provide essential air service, based on
the criteria described in paragraph (2).</DELETED>
<DELETED>    (f) Extension of Authority To Make Agreements under the
Essential Air Service Program.--Section 41743(e)(2) is amended by
striking ``2008'' and inserting ``2011''.</DELETED>
<DELETED>    (g) Adjustments To Compensation for Significantly
Increased Costs.--Section 41737 is amended by adding at the end thereof
the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SUBTITLE C--MISCELLANEOUS</DELETED>

<DELETED>SEC. 431. CLARIFICATION OF AIR CARRIER FEE DISPUTES.</DELETED>

<DELETED>    (a) In General.--Section 47129 is amended--</DELETED>
<DELETED>    (1) by striking the section heading and inserting
the following:</DELETED>
<DELETED>``Sec. 47129. Resolution of airport-air carrier and foreign
air carrier disputes concerning airport
fees'' ;</DELETED>
<DELETED>    (2) by inserting ``and Foreign Air Carrier'' after
``Carrier''  in the heading for subsection (d);</DELETED>
<DELETED>    (3) by inserting ``and foreign air carrier'' after
``Carrier'' in the heading for subsection (d)(2);</DELETED>
<DELETED>    (4) by striking ``air carrier'' each place it
appears and inserting ``air carrier or foreign air
carrier'';</DELETED>
<DELETED>    (5) by striking ``air carrier's'' each place it
appears and inserting ``air carrier's or foreign air
carrier's'';</DELETED>
<DELETED>    (6) by striking ``air carriers'' and inserting
``air carriers or foreign air carriers''; and</DELETED>
<DELETED>    (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)''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for
chapter 471 is amended by striking the item relating to section 47129
and inserting the following:</DELETED>

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

<DELETED>SEC. 432. CONTRACT TOWER PROGRAM.</DELETED>

<DELETED>    (a) Cost-Benefit Requirement.--Section 47124(b)(1) is
amended--</DELETED>
<DELETED>    (1) by inserting ``(A)'' after ``(1)'';
and</DELETED>
<DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Funding.--Subparagraph (E) of section 47124(b)(3) is
amended--</DELETED>
<DELETED>    (1) by striking ``and'' after ``2006,'';
and</DELETED>
<DELETED>    (2) by inserting ``$9,500,000 for fiscal year
2010, and $10,000,000 for fiscal year 2011'' after ``2007,'';
and</DELETED>
<DELETED>    (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.''.</DELETED>
<DELETED>    (c) Federal Share.--Subparagraph (C) of section
47124(b)(4) is amended by striking ``$1,500,000.'' and inserting
``$2,000,000.''.</DELETED>
<DELETED>    (d) Safety Audits.--Section 41724 is amended by adding at
the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 433. AIRFARES FOR MEMBERS OF THE ARMED FORCES.</DELETED>

<DELETED>    (a) Findings.--The Congress finds that--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that
each United States air carrier should--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>TITLE V-- SAFETY</DELETED>

<DELETED>SUBTITLE A--AVIATION SAFETY</DELETED>

<DELETED>SEC. 501. RUNWAY SAFETY EQUIPMENT PLAN.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 502. JUDICIAL REVIEW OF DENIAL OF AIRMAN
CERTIFICATES.</DELETED>

<DELETED>    (a) Judicial Review of NTSB Decisions.--Section 44703(d)
is amended by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 1153(c) is amended by
striking ``section 44709 or'' and inserting ``section 44703(d), 44709,
or''.</DELETED>

<DELETED>SEC. 503. RELEASE OF DATA RELATING TO ABANDONED TYPE
CERTIFICATES AND SUPPLEMENTAL TYPE
CERTIFICATES.</DELETED>

<DELETED>    Section 44704(a) is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(5) Release of data.--</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(i) the certificate containing the
requested data has been inactive for 3 years;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(iii) the designation of such data as
public data will enhance aviation safety.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 504. DESIGN ORGANIZATION CERTIFICATES.</DELETED>

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

<DELETED>SEC. 505. FAA ACCESS TO CRIMINAL HISTORY RECORDS OR DATABASE
SYSTEMS.</DELETED>

<DELETED>    (a) In General.--Chapter 401 is amended by adding at the
end thereof the following:</DELETED>
<DELETED>``Sec. 40130. FAA access to criminal history records or
databases systems</DELETED>
<DELETED>    ``(a) Access to Records or Databases Systems.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) The Administrator may not use the access
authorized under paragraph (1) to conduct criminal
investigations.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(3) receive Federal, State, or local government
communications with a police officer employed by a State or
local authority in that State in the same manner as a police
officer employed by a State or local authority in that State
who is commissioned under the laws of that State.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for
chapter 401 is amended by inserting after the item relating to section
40129 the following:</DELETED>

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

<DELETED>SEC. 506. FLIGHT CREW FATIGUE.</DELETED>

<DELETED>    (a) In General.--Within 3 months after the date of
enactment of this Act the Administrator of the Federal Aviation
Administration shall conclude arrangements with the National Academy of
Sciences for a study of pilot fatigue.</DELETED>
<DELETED>    (b) Study.--The study shall include consideration of--
</DELETED>
<DELETED>    (1) research on fatigue, sleep, and circadian
rhythms;</DELETED>
<DELETED>    (2) sleep and rest requirements recommended by the
National Transportation Safety Board; and</DELETED>
<DELETED>    (3) international standards.</DELETED>
<DELETED>    (c) Report.--Within 18 months after initiating the study,
the National Academy shall submit a report to the Administrator
containing its findings and recommendations, including recommendations
with respect to Federal Aviation Regulations governing flight
limitation and rest requirements.</DELETED>
<DELETED>    (d) Rulemaking.--After the Administrator receives the
National Academy's report, the Federal Aviation Administration shall
consider the findings of the National Academy in its rulemaking
proceeding on flight time limitations and rest requirements.</DELETED>
<DELETED>    (e) Implementation of Flight Attendant Fatigue Study
Recommendations.--Within 60 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration shall
initiate a process to carry out the recommendations of the Civil
Aerospace Medical Institute study on flight attendant
fatigue.</DELETED>

<DELETED>SEC. 507. INCREASING SAFETY FOR HELICOPTER AND FIXED WING
EMERGENCY MEDICAL SERVICE OPERATORS AND
PATIENTS.</DELETED>

<DELETED>    (a) Compliance Regulations.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Exception.--If a certificate holder described
in paragraph (1) is operating under instrument flight rules or
is carrying out training therefor--</DELETED>
<DELETED>    (A) the weather minimums and duty and rest
time regulations under such part 135 of such title
shall apply; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) Implementation of Flight Risk Evaluation Program.--
</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Completion.--The rulemaking initiated under
paragraph (1) shall be completed not later than 18 months after
it is initiated.</DELETED>
<DELETED>    (c) Comprehensive Consistent Flight Dispatch Procedures.--
</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) to require that helicopter and fixed
wing emergency medical service operators formalize and
implement performance based flight dispatch and flight-
following procedures; and</DELETED>
<DELETED>    (B) to develop a method to assess and
ensure that such operators comply with the requirements
described in subparagraph (A).</DELETED>
<DELETED>    (2) Completion.--The rulemaking initiated under
paragraph (1) shall be completed not later than 18 months after
it is initiated.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Improving the Data Available on Air Medical
Operations.--</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Improving the Data Available to NTSB Investigators at
Crash Sites.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 508. CABIN CREW COMMUNICATION.</DELETED>

<DELETED>    (a) In General.--Section 44728 is amended--</DELETED>
<DELETED>    (1) by redesignating subsection (f) as subsection
(g); and</DELETED>
<DELETED>    (2) by inserting after subsection (e) the
following:</DELETED>
<DELETED>    ``(f) Minimum Language Skills.--</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) read material written in English and
comprehend the information;</DELETED>
<DELETED>    ``(B) speak and understand English
sufficiently to provide direction to, and understand
and answer questions from, English-speaking
individuals;</DELETED>
<DELETED>    ``(C) write incident reports and
statements and log entries and statements;
and</DELETED>
<DELETED>    ``(D) carry out written and oral
instructions regarding the proper performance of their
duties.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 509. CLARIFICATION OF MEMORANDUM OF UNDERSTANDING WITH
OSHA.</DELETED>

<DELETED>    (a) In General.--Within 6 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    (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--
</DELETED>
<DELETED>    (A) to examine the applicability of
current and future Occupational Safety and Health
Administration regulations;</DELETED>
<DELETED>    (B) to recommend policies for facilitating
the training of Federal Aviation Administration
inspectors; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Any standards adopted by the Federal Aviation
Administration shall set forth clearly--</DELETED>
<DELETED>    (A) the circumstances under which an
employer is required to take action to address
occupational safety and health hazards;</DELETED>
<DELETED>    (B) the measures required of an employer
under the standard; and</DELETED>
<DELETED>    (C) the compliance obligations of an
employer under the standard.</DELETED>

<DELETED>SEC. 510. ACCELERATION OF DEVELOPMENT AND IMPLEMENTATION OF
REQUIRED NAVIGATION PERFORMANCE APPROACH
PROCEDURES.</DELETED>

<DELETED>    (a) In General.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) DOT Inspector General Review of Operational and
Approach Procedures by a Third Party.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Assessments.--The Inspector General shall
include, at a minimum, in the review--</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 511. IMPROVED SAFETY INFORMATION.</DELETED>

<DELETED>    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--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (2) provision for the periodic expiration of all
certificates issued after the effective date of the rule with a
registration renewal process; and</DELETED>
<DELETED>    (3) other measures to promote the accuracy and
efficient operation and value of the Administration's aircraft
registry.</DELETED>

<DELETED>SEC. 512. VOLUNTARY DISCLOSURE REPORTING PROCESS
IMPROVEMENTS.</DELETED>

<DELETED>    (a) In General.--Within 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall--</DELETED>
<DELETED>    (1) take such action as may be necessary to ensure
that the Voluntary Disclosure Reporting Process requires
inspectors--</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (B) to verify that corrective action so
identified by an air carrier is completed within the
timeframe proposed; and</DELETED>
<DELETED>    (C) to verify by inspection that the
carrier's corrective action adequately corrects the
problem that was disclosed; and</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) has not been previously identified by
a Federal Aviation Administration inspector;
and</DELETED>
<DELETED>    (B) has not been previously disclosed by
the carrier in the preceding 5 years.</DELETED>
<DELETED>    (b) GAO Study.--</DELETED>
<DELETED>    (1) In general.--The Comptroller General shall
conduct a study of the Voluntary Disclosure Reporting
Program.</DELETED>
<DELETED>    (2) Review.--In conducting the study, the
Comptroller General shall examine, at a minimum, whether--
</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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 the
regulated entity knew of a violation, but the
Administration did not;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (D) there is any evidence that voluntary
disclosure has improved compliance with regulations,
either for the entities making disclosures or for the
industry generally.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 513. PROCEDURAL IMPROVEMENTS FOR INSPECTIONS.</DELETED>

<DELETED>    (a) In General.--Section 44711 is amended by adding at the
end the following:</DELETED>
<DELETED>    ``(d) Post-employment restrictions for flight standards
inspectors.--</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) served as, or was responsible for
oversight of, a flight standards inspector of the
Administration; and</DELETED>
<DELETED>    ``(B) had responsibility to inspect, or
oversee inspection of, the operations of the
certificate holder.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 514. INDEPENDENT REVIEW OF SAFETY ISSUES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 515. NATIONAL REVIEW TEAM.</DELETED>

<DELETED>    (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, 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.</DELETED>
<DELETED>    (b) 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.</DELETED>
<DELETED>    (c) Additional Safety Inspectors.--From amounts
appropriated pursuant to section 106(k)(1) of title 49, United States
Code, the Administrator of the Federal Aviation Administration may hire
a net increase of 200 additional safety inspectors.</DELETED>

<DELETED>SEC. 516. FAA ACADEMY IMPROVEMENTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Facility Training Program.--The Administrator shall--
</DELETED>
<DELETED>    (1) clarify responsibility for oversight and
direction of the Academy's facility training program at the
national level;</DELETED>
<DELETED>    (2) communicate information concerning that
responsibility to facility managers; and</DELETED>
<DELETED>    (3) establish standards to identify the number of
developmental controllers that can be accommodated at each
facility, based on--</DELETED>
<DELETED>    (A) the number of available on-the-job-
training instructors;</DELETED>
<DELETED>    (B) available classroom space;</DELETED>
<DELETED>    (C) the number of available
simulators;</DELETED>
<DELETED>    (D) training requirements; and</DELETED>
<DELETED>    (E) the number of recently placed new
personnel already in training.</DELETED>

<DELETED>SEC. 517. REDUCTION OF RUNWAY INCURSIONS AND OPERATIONAL
ERRORS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (1) identifying the office responsible for
establishing regulations regarding operational errors and
runway incursions;</DELETED>
<DELETED>    (2) identifying who is responsible for tracking
and investigating operational errors and runway incursions and
taking remedial actions;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (4) periodic random audits of the oversight
process.</DELETED>

<DELETED>SEC. 518. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION
OFFICE.</DELETED>

<DELETED>    Section 106 is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(s) Aviation Safety Whistleblower Investigation
Office.--</DELETED>
<DELETED>    ``(1) Establishment.--There is established in the
Administration an Aviation Safety Whistleblower Investigation
Office.</DELETED>
<DELETED>    ``(2) Director.--</DELETED>
<DELETED>    ``(A) Appointment.--The head of the Office
shall be the Director, who shall be appointed by the
Secretary of Transportation.</DELETED>
<DELETED>    ``(B) Qualifications.--The Director shall
have a demonstrated ability in investigations and
knowledge of or experience in aviation.</DELETED>
<DELETED>    ``(C) Term.--The Director shall be
appointed for a term of 5 years.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(3) Complaints and investigations.--</DELETED>
<DELETED>    ``(A) Authority of director.--The Director
shall--</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(iii) based on findings of the
assessment conducted under clause (ii), make
recommendations to the Administrator in writing
for further investigation or corrective
actions.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(i) the individual consents to
the disclosure in writing; or</DELETED>
<DELETED>    ``(ii) the Director determines, in
the course of an investigation, that the
disclosure is unavoidable.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(7) Annual reports to congress.--Not later than
October 1 of each year, the Director shall submit to Congress a
report containing--</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(B) summaries of those
submissions;</DELETED>
<DELETED>    ``(C) summaries of further investigations
and corrective actions recommended in response to the
submissions; and</DELETED>
<DELETED>    ``(D) summaries of the responses of the
Administrator to such recommendations.''.</DELETED>

<DELETED>SEC. 519. MODIFICATION OF CUSTOMER SERVICE
INITIATIVE.</DELETED>

<DELETED>    (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--</DELETED>
<DELETED>    (1) to remove any reference to air carriers or
other entities regulated by the Administration as
``customers'';</DELETED>
<DELETED>    (2) to clarify that in regulating safety the only
customers of the Administration are members of the traveling
public; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 520. HEADQUARTERS REVIEW OF AIR TRANSPORTATION OVERSIGHT
SYSTEM DATABASE.</DELETED>

<DELETED>    (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--</DELETED>
<DELETED>    (1) any trends in regulatory compliance are
identified; and</DELETED>
<DELETED>    (2) appropriate corrective actions are taken in
accordance with Agency regulations, advisory directives,
policies, and procedures.</DELETED>
<DELETED>    (b) Monthly Team Reports.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Contents.--A report submitted under paragraph
(1) shall identify--</DELETED>
<DELETED>    (A) any trends in regulatory compliance
discovered by the team of employees in conducting the
monthly review; and</DELETED>
<DELETED>    (B) any corrective actions taken or
proposed to be taken in response to the
trends.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 521. INSPECTION OF FOREIGN REPAIR STATIONS.</DELETED>

<DELETED>    (a) In General.--Chapter 447 is amended by adding at the
end the following:</DELETED>
<DELETED>``</DELETED><DELETED>44730. Inspection of foreign repair
stations</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(2) include a staffing model to determine the
best placement of inspectors and the number of inspectors
needed;</DELETED>
<DELETED>    ``(3) describe the training provided to
inspectors; and</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Alcohol and Controlled Substance Testing Program
Requirements.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Definitions.--In this section:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for
chapter 447 is amended by adding at the end thereof the
following:</DELETED>

<DELETED>``44730. Inspection of foreign repair stations.''.

<DELETED>SEC. 522. NON-CERTIFICATED MAINTENANCE PROVIDERS.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (1) a part 121 air carrier;</DELETED>
<DELETED>    (2) a part 145 repair station;</DELETED>
<DELETED>    (3) a person that provides contract maintenance
workers or services to a part 145 repair station or part 121
air carrier, and the individual--</DELETED>
<DELETED>    (A) meets the requirements of the part 121
air carrier or the part 145 repair station;
or</DELETED>
<DELETED>    (B)(i) 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</DELETED>
<DELETED>    (ii) carries out the work in accordance
with the part 121 air carrier's maintenance manual;
or</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) originally produced, and continues to
produce, the article upon which the work is to be
performed; and</DELETED>
<DELETED>    (B) is acting in conjunction with a part
121 air carrier or a part 145 repair station.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SUBTITLE B--FLIGHT SAFETY</DELETED>

<DELETED>SEC. 551. PILOT APPLICANT EMPLOYMENT RECORDS.</DELETED>

<DELETED>    (a) In General.--Section 44703(h) is amended to read as
follows:</DELETED>
<DELETED>    ``(h) Records of Employment, Training, and Testing.--
</DELETED>
<DELETED>    ``(1) In general.--The Administrator of the
Federal Aviation Administration shall establish and maintain a
pilot employment, training, and testing database and shall
publish notice in the Federal Register when the database is
operational. The database shall include the following
information:</DELETED>
<DELETED>    ``(A) FAA records.--From the Federal
Aviation Administration, records pertaining to the
individual that are maintained by the Administration
concerning--</DELETED>
<DELETED>    ``(i) current airman certificates
(including airman medical certificates) and
associated type ratings, including any
limitations to those certificates and
ratings;</DELETED>
<DELETED>    ``(ii) any failed attempt of the
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</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) Air carrier and other records.--From
any air carrier or other person (except a branch of the
United States Armed Forces, the National Guard, or a
reserve component of the United States Armed Forces)
that has employed the individual as a pilot of a civil
or public aircraft, or from the trustee in bankruptcy
for such air carrier or person--</DELETED>
<DELETED>    ``(i) records pertaining to the
individual that are maintained by an air
carrier (other than records relating to flight
time, duty time, or rest time) under
regulations set forth in--</DELETED>
<DELETED>    ``(I) section 121.683 of
title 14, Code of Federal
Regulations;</DELETED>
<DELETED>    ``(II) paragraph (A) of
section VI, appendix I, part 121 of
such title;</DELETED>
<DELETED>    ``(III) paragraph (A) of
section IV, appendix J, part 121 of
such title;</DELETED>
<DELETED>    ``(IV) section 125.401 of
such title; and</DELETED>
<DELETED>    ``(V) section 135.63(a)(4)
of such title; and</DELETED>
<DELETED>    ``(ii) other records pertaining to
the individual's performance as a pilot that
are maintained by the air carrier or person
concerning--</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(II) any disciplinary
action taken with respect to the
individual that was not subsequently
overturned; and</DELETED>
<DELETED>    ``(III) any release from
employment or resignation, termination,
or disqualification with respect to
employment.</DELETED>
<DELETED>    ``(C) National driver register records.--
In accordance with section 30305(b)(8), from the chief
driver licensing official of a State, information
concerning the motor vehicle driving record of the
individual.</DELETED>
<DELETED>    ``(2) Records of current employees.--Each air
carrier shall submit to the Administrator, for inclusion in the
database established under paragraph (1)--</DELETED>
<DELETED>    ``(A) not later than 180 days after the
date on which notice of the establishment of the
database is published, the records described in
paragraph (1)(B) concerning any pilot employed by the
air carrier; and</DELETED>
<DELETED>    ``(B) after such date, not later than 30
days after the generation of any new records described
in paragraph (1)(B), such new records.</DELETED>
<DELETED>    ``(3) Right of pilot to review.--Notwithstanding
any other provision of law or agreement, the Administrator,
upon written request from a pilot, shall make available to the
pilot for review and correction, within a reasonable time, but
not later than 30 days after the date of the request, a copy of
all records referred to in paragraph (1) pertaining to the
pilot.</DELETED>
<DELETED>    ``(4) Right to receive notice and copy of any
record furnished.--A person who receives a request for records
described in paragraph (1) shall provide to the individual who
is the subject of the records--</DELETED>
<DELETED>    ``(A) on or before the 20th day following
the date of receipt of the request, written notice of
the request and of the individual's right to receive a
copy of such records; and</DELETED>
<DELETED>    ``(B) in accordance with paragraph (3), a
copy of such records, if requested by the
individual.</DELETED>
<DELETED>    ``(5) Right to correct inaccuracies.--An air
carrier that maintains or requests and receives the records of
an individual under paragraph (1) shall provide the individual
with a reasonable opportunity to submit written comments to
correct any inaccuracies contained in the records before making
a final hiring decision with respect to the individual. After
the database established under paragraph (1) is operational,
the air carrier shall submit any corrections made or accepted
by the air carrier to the Administration for inclusion in the
database within 30 days after the corrections are made or
accepted by the air carrier.</DELETED>
<DELETED>    ``(6) Privacy protections.--An air carrier that
maintains, or requests and receives, the records described in
paragraph (1) of an individual may use such 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 pilot and the confidentiality of the records, including
ensuring that information contained in the records is not
divulged to any individual that is not directly involved in the
hiring decision.</DELETED>
<DELETED>    ``(7) Periodic review.--Not later than 18 months
after the date of the enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, and at least once
every 3 years thereafter, the Administrator shall submit to
Congress a statement that contains, taking into account recent
developments in the aviation industry--</DELETED>
<DELETED>    ``(A) recommendations by the Administrator
concerning proposed changes to Administration records,
air carrier records, and other records required to be
furnished under paragraph (1); or</DELETED>
<DELETED>    ``(B) reasons why the Administrator does
not recommend any proposed changes to the records
referred to in paragraph (1).</DELETED>
<DELETED>    ``(8) Rulemaking.--The Administrator shall
prescribe such regulations as may be necessary--</DELETED>
<DELETED>    ``(A) to protect--</DELETED>
<DELETED>    ``(i) the personal privacy of any
individual whose records are included in the
database established under paragraph (1);
and</DELETED>
<DELETED>    ``(ii) the confidentiality of
those records;</DELETED>
<DELETED>    ``(B) to preclude the further
dissemination of records received under paragraph (1)
by the person who requested those records;
and</DELETED>
<DELETED>    ``(C) to ensure prompt compliance with any
request made under this subsection.</DELETED>
<DELETED>    ``(9) Special rules with respect to certain
pilots.--</DELETED>
<DELETED>    ``(A) Pilots of certain small aircraft.--
Notwithstanding paragraph (1), an air carrier, before
receiving information requested about an individual
under this subsection, may allow the individual to
begin service for a period not to exceed 90 days as a
pilot of an aircraft with a maximum payload capacity
(as defined in section 119.3 of title 14, Code of
Federal Regulations) of 7,500 pounds or less, or a
helicopter, on a flight that is not a scheduled
operation (as defined in such section). Before the end
of the 90-day period, the air carrier shall obtain and
evaluate such information. The contract between the
carrier and the individual shall contain a term that
provides that the continuation of the individual's
employment, after the last day of the 90-day period,
depends on a satisfactory evaluation.</DELETED>
<DELETED>    ``(B) Good faith exception.--Until the
database required by paragraph (1) is established, an
air carrier, without obtaining information about an
individual under paragraph (1) from an air carrier or
other person that no longer exists or from a foreign
government or entity that employed the individual, may
allow the individual to begin service as a pilot if the
air carrier required to request the information has
made a documented good faith attempt to obtain such
information.</DELETED>
<DELETED>    ``(10) Review of prospective pilots' records.--
Except as provided in paragraph (9), before allowing an
individual to begin service as a pilot an air carrier shall
request a copy of the records described in paragraph (1)
pertaining to the pilot for the preceding 10 years and review
the records.</DELETED>
<DELETED>    ``(11) Electronic access to FAA records.--For the
purpose of increasing timely and efficient access to Federal
Aviation Administration records described in paragraph (1), the
Administrator may allow, under terms established by the
Administrator, an individual designated by the air carrier to
have electronic access to a specified database containing
information about such records. The terms 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 information obtained using such access
will not be used for any purpose other than making the hiring
decision.''.</DELETED>
<DELETED>    (b) Limitation on Liability.--Section 44703(i)(1) is
amended--</DELETED>
<DELETED>    (1) in the matter preceding subparagraph (A), by
striking ``and who has signed a release from liability'';
and</DELETED>
<DELETED>    (2) in subparagraph (B), by striking ``complied
with such request'' and inserting ``furnished records to the
Administrator in accordance with subsection (h)(1)''.</DELETED>
<DELETED>    (c) Transition Rule.--Until the date on which the
Administrator publishes notice in the Federal Register that the
database required by section 44703(h)(1) of title 49, United States
Code (as amended by subsection (a)) is operational, the provisions of
section 44703(h) of such title, as that section was in effect on the
day before the date of enactment of this Act, shall remain in effect,
except that such provisions shall be applied--</DELETED>
<DELETED>    (1) by substituting ``10-year period'' for ``5-
year period'' in paragraph (1)(B); and</DELETED>
<DELETED>    (2) without regard to paragraph (3).</DELETED>

<DELETED>SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS.</DELETED>

<DELETED>    (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--</DELETED>
<DELETED>    (1) to implement, as part of their safety
management systems--</DELETED>
<DELETED>    (A) an Aviation Safety Action
Program;</DELETED>
<DELETED>    (B) a Flight Operations Quality Assurance
Program;</DELETED>
<DELETED>    (C) a Line Operational Safety Audit
Program; and</DELETED>
<DELETED>    (D) a Flight Crew Fatigue Risk Management
Program;</DELETED>
<DELETED>    (2) to implement appropriate privacy protection
safeguards with respect to data included in such programs;
and</DELETED>
<DELETED>    (3) to provide appropriate collaboration and
operational oversight of regional/commuter air carriers by
affiliated major air carriers that include--</DELETED>
<DELETED>    (A) periodic safety audits of flight
operations;</DELETED>
<DELETED>    (B) training, maintenance, and inspection
programs; and</DELETED>
<DELETED>    (C) provisions for the exchange of safety
information.</DELETED>
<DELETED>    (b) 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.</DELETED>
<DELETED>    (c) Enforcement Consistency.--Within 9 months after the
date of enactment of this Act, the Administrator shall--</DELETED>
<DELETED>    (1) develop and implement a plan that will ensure
that the FAA's safety enforcement plan is consistently
enforced; and</DELETED>
<DELETED>    (2) ensure that the FAA's safety oversight program
is reviewed periodically and updated as necessary.</DELETED>

<DELETED>SEC. 553. IMPLEMENTATION OF NTSB RECOMMENDATIONS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
<DELETED>    (1) Notification.--Within 30 days after the end of
each calendar year, the Administrator shall submit a
notification to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure indicating whether the
Administrator has determined to implement the safety
recommendations made to the FAA by the National Transportation
Safety Board during the preceding year.</DELETED>
<DELETED>    (2) Implementation plans.--If the Administrator
has determined to implement such a recommendation, the
notification shall describe the action the Administrator plans
to take to implement the recommendation.</DELETED>
<DELETED>    (3) Explanation of non-implementation.--If the
Administrator has determined not to implement such a
recommendation, the notification shall describe the reason for
the determination.</DELETED>
<DELETED>    (b) Pending Recommendations.--Within 180 days after the
date of enactment of this Act, the Administrator shall submit a
notification to those Committees with respect to each safety
recommendation made to the FAA by the National Transportation Safety
Board that was made before the date of enactment of this Act that was
not implemented before that date containing the implementation plans,
or an explanation of non-implementation, for each such
recommendation.</DELETED>

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

<DELETED>    (a) Limitation on Disclosure and Use of Information.--
</DELETED>
<DELETED>    (1) In general.--Except as provided by this
section, a party in a judicial proceeding may not use discovery
to obtain--</DELETED>
<DELETED>    (A) an Aviation Safety Action Program
report;</DELETED>
<DELETED>    (B) Flight Operational Quality Assurance
Program data; or</DELETED>
<DELETED>    (C) a Line Operations Safety Audit Program
report.</DELETED>
<DELETED>    (2) FOIA not applicable.--Section 522 of title 5,
United States Code, shall not apply to reports or data
described in paragraph (1).</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) a summary of information, with
identifying information redacted, to explain the need
for changes in policies or regulations;</DELETED>
<DELETED>    (B) information provided to correct a
condition that compromises safety, if that condition
continues uncorrected; or</DELETED>
<DELETED>    (C) information provided to carry out a
criminal investigation or prosecution.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--
</DELETED>
<DELETED>    (1) to limit the use of the information contained
in the report or data to the judicial proceeding;</DELETED>
<DELETED>    (2) to prohibit dissemination of the report or
data to any person that does not need access to the report for
the proceeding; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, TESTING, AND
CERTIFICATION REQUIREMENTS.</DELETED>

<DELETED>    (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--</DELETED>
<DELETED>    (1) classroom instruction requirements governing
curriculum content and hours of instruction;</DELETED>
<DELETED>    (2) crew leadership training; and</DELETED>
<DELETED>    (3) initial and recurrent testing requirements for
pilots, including the rigor and consistency of testing programs
such as check rides.</DELETED>
<DELETED>    (b) Best Practices.--The plan shall incorporate best
practices in the aviation industry with respect to training protocols,
methods, and procedures.</DELETED>
<DELETED>    (c) Certification.--The Administrator shall initiate a
rulemaking to re-evaluate FAA regulations governing the minimum
requirements--</DELETED>
<DELETED>    (1) to become a commercial pilot;</DELETED>
<DELETED>    (2) to receive an Air Transport Pilot Certificate
to become a captain; and</DELETED>
<DELETED>    (3) to transition to a new type of
aircraft.</DELETED>

<DELETED>SEC. 556. SAFETY INSPECTIONS OF REGIONAL AIR
CARRIERS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 557. ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO
THE TRAINING, HIRING, AND OPERATION OF AIRCRAFT BY
PILOTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 558. OVERSIGHT OF PILOT TRAINING SCHOOLS.</DELETED>

<DELETED>    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--</DELETED>
<DELETED>    (1) ensuring that the curriculum and course
outline requirements for such schools under subpart C of such
part are being met; and</DELETED>
<DELETED>    (2) conducting on-site inspections of each such
school not less frequently than once every 2 years.</DELETED>

<DELETED>SEC. 559. DEFINITIONS.</DELETED>

<DELETED>    In this subtitle:</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Administrator.--The term ``Administrator''
means the Administrator.</DELETED>
<DELETED>    (3) Air carrier.--The term ``air carrier'' has the
meaning given that term by section 40102(2) of title 49, United
States Code.</DELETED>
<DELETED>    (4) FAA.--The term ``FAA'' means the Federal
Aviation Administration.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>TITLE VI--AVIATION RESEARCH</DELETED>

<DELETED>SEC. 601. AIRPORT COOPERATIVE RESEARCH PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 44511(f) is amended--</DELETED>
<DELETED>    (1) by striking ``establish a 4-year pilot'' in
paragraph (1) and inserting ``maintain an''; and</DELETED>
<DELETED>    (2) by inserting ``pilot'' in paragraph (4) before
``program'' the first time it appears; and</DELETED>
<DELETED>    (3) by striking ``program, including
recommendations as to the need for establishing a permanent
airport cooperative research program.'' in paragraph (4) and
inserting ``program.''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 602. REDUCTION OF NOISE, EMISSIONS, AND ENERGY
CONSUMPTION FROM CIVILIAN AIRCRAFT.</DELETED>

<DELETED>    (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 source noise and
emissions 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 of
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.</DELETED>
<DELETED>    (b) Establishing a Consortium.--Within 6 months after the
date of enactment of this Act, the Administrator shall designate, using
a competitive process, an institution, entity, or consortium described
in subsection (a) as a Consortium for Aviation Noise, Emissions, and
Energy Technology Research to perform research in accordance with this
section. The Consortium shall conduct the research program in
coordination with the National Aeronautics and Space Administration and
other relevant agencies.</DELETED>
<DELETED>    (c) Performance Objectives.--By September 30, 2016, the
research program shall accomplish the following objectives:</DELETED>
<DELETED>    (1) Certifiable aircraft technology that reduces
fuel burn by 33 percent compared to current technology,
reducing energy consumption and greenhouse gas (CO<INF>2</INF>)
emissions.</DELETED>
<DELETED>    (2) Certifiable engine technology that reduces
landing and takeoff cycle (LTO) 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 (CAEP),
with commensurate reductions over the full pressure ratio
range, while limiting or reducing other gaseous or particle
emissions.</DELETED>
<DELETED>    (3) Certifiable aircraft technology that reduces
noise levels by 32 EPNdB cumulative, relative to Stage 4
standards.</DELETED>
<DELETED>    (4) Determination of the feasibility of use of
alternative fuels in aircraft systems, including successful
demonstration and quantification of benefits.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 603. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR
CIVILIAN AIRCRAFT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 604. ADVISORY COMMITTEE ON FUTURE OF
AERONAUTICS.</DELETED>

<DELETED>    (a) Establishment.--There is established an advisory
committee to be know as the ``Advisory Committee on the Future of
Aeronautics''.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Chairperson.--The Advisory Committee members shall
elect 1 member to serve as chairperson of the Advisory
Committee.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Termination.--The Advisory Committee shall terminate
60 days after the date on which it submits the report to the
Congress.</DELETED>

<DELETED>SEC. 605. RESEARCH PROGRAM TO IMPROVE AIRFIELD
PAVEMENTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Use of Grants or Cooperative Agreements.--The
Administrator may use grants or cooperative agreements in carrying out
this section.</DELETED>

<DELETED>SEC. 606. WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER
RESEARCH.</DELETED>

<DELETED>    Within 60 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall--
</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (3) establish research projects on--</DELETED>
<DELETED>    (A) ground de-icing/anti-icing, ice
pellets, and freezing drizzle;</DELETED>
<DELETED>    (B) oceanic weather, including convective
weather;</DELETED>
<DELETED>    (C) en route turbulence prediction and
detection; and</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 607. INCORPORATION OF UNMANNED AERIAL SYSTEMS INTO FAA
PLANS AND POLICIES.</DELETED>

<DELETED>    (a) Research.--</DELETED>
<DELETED>    (1) Equipment.--Section 44504 is amended--
</DELETED>
<DELETED>    (A) by inserting ``unmanned and manned''
in subsection (a) after ``improve'';</DELETED>
<DELETED>    (B) by striking ``and'' after the
semicolon in subsection (b)(6);</DELETED>
<DELETED>    (C) by striking ``aircraft.'' in
subsection (b)(7) and inserting ``aircraft; and'';
and</DELETED>
<DELETED>    (D) by adding at the end of subsection (b)
the following:</DELETED>
<DELETED>    ``(8) in conjunction with other Federal agencies
as appropriate, to develop technologies and methods to assess
the risk of and prevent defects, failures, and malfunctions of
products, parts, and processes, for use in all classes of
unmanned aerial systems that could result in a catastrophic
failure.''.</DELETED>
<DELETED>    (2) Human Factors; Simulations.--Section 44505(b)
is amended--</DELETED>
<DELETED>    (A) by striking ``and'' after the
semicolon in paragraph (4);</DELETED>
<DELETED>    (B) by striking ``programs.'' in paragraph
(5)(C) and inserting ``programs; and''; and</DELETED>
<DELETED>    (C) by adding at the end thereof the
following:</DELETED>
<DELETED>    ``(6) to develop a better understanding of the
relationship between human factors and unmanned aerial systems
air safety; and</DELETED>
<DELETED>    ``(7) to develop dynamic simulation models of
integrating all classes of unmanned aerial systems into the
National Air Space.''.</DELETED>
<DELETED>    (b) National Academy of Sciences Assessment.--</DELETED>
<DELETED>    (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
aerial systems that shall include consideration of--</DELETED>
<DELETED>    (A) human factors regarding unmanned
aerial systems operation;</DELETED>
<DELETED>    (B) ``detect, sense and avoid
technologies'' with respect to both cooperative and
non-cooperative aircraft;</DELETED>
<DELETED>    (C) spectrum issues and bandwidth
requirements;</DELETED>
<DELETED>    (D) operation in suboptimal winds and
adverse weather conditions;</DELETED>
<DELETED>    (E) mechanisms for letter others know
where the unmanned aerial system is flying;</DELETED>
<DELETED>    (F) airworthiness and system
redundancy;</DELETED>
<DELETED>    (G) flight termination systems for safety
and security;</DELETED>
<DELETED>    (H) privacy issues;</DELETED>
<DELETED>    (I) technologies for unmanned aerial
systems flight control;</DELETED>
<DELETED>    (J) technologies for unmanned aerial
systems propulsion;</DELETED>
<DELETED>    (K) unmanned aerial systems operator
qualifications, medical standards, and training
requirements;</DELETED>
<DELETED>    (L) unmanned aerial systems maintenance
requirements and training requirements; and</DELETED>
<DELETED>    (M) any other unmanned aerial systems-
related issue the Administrator believes should be
addressed.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Pilot Projects.--</DELETED>
<DELETED>    (1) In general.--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 to conduct experiments and collect data in
order to accelerate the safe integration of unmanned aerial
systems into the National Airspace System as follows:</DELETED>
<DELETED>    (A) 1 project shall address operational
issues required for integration of Category 1 unmanned
aerial systems.</DELETED>
<DELETED>    (B) 1 project shall address operational
issues required for integration of Category 2 unmanned
aerial systems.</DELETED>
<DELETED>    (C) 1 project shall address operational
issues required for integration of Category 3 unmanned
aerial systems.</DELETED>
<DELETED>    (2) Use of consortia.--In conducting the pilot
projects, the Administrator shall encourage the formation of
consortia from the public and private sectors, educational
institutions, and non-profit organization.</DELETED>
<DELETED>    (3) Report.--Within 60 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.</DELETED>
<DELETED>    (4) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator for fiscal
years 2008 and 2009 such sums as may be necessary to conduct
the pilot projects.</DELETED>
<DELETED>    (d) FAA Task List.--</DELETED>
<DELETED>    (1) Streamline unmanned aerial systems
certification process.--Within 30 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop and transmit an unmanned
aerial systems ``roadmap'' to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.</DELETED>
<DELETED>    (2) Update policy statement.--Within 45 days after
the date of enactment of this Act, the Administrator shall
issue an updated policy statement on unmanned aerial systems
under Docket No. FAA-2006-25714; Notice No. 07-01.</DELETED>
<DELETED>    (3) Issue nprm for certificates.--Within 90 days
after the date of enactment of this Act, the Administrator
shall publish a notice of proposed rulemaking on issuing
airworthiness certificates and experimental certificates to
unmanned aerial systems operators for compensation or hire. The
Administrator shall promulgate a final rule 90 days after the
date on which the notice is published.</DELETED>
<DELETED>    (4) Notice to Congress on basing unmanned aerial
systems regulations on ultralight regulations.--Within 90 days
after the date of enactment of this Act, 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 on the potential
of using part 103 of title 14, Code of Federal Regulations
(relating to Ultralight Aircraft), as the regulatory basis for
regulations on lightweight unmanned aerial systems.</DELETED>
<DELETED>    (e) Consolidated Rulemaking Deadline.--No later than April
30, 2010, the Federal Aviation Administration and other affected
Federal agencies shall have initiated all of the rule makings regarding
vehicle design requirements, operational requirements, airworthiness
requirements, and flight crew certifications requirements necessary for
integrating all categories of unmanned aerial systems into the national
air space, taking into consideration the recommendations the
Administrator receives from the National Academy of Sciences report
under subsection (b), the unmanned aerial systems ``roadmap'' developed
by the Administrator under subsection (d)(1), the recommendations of
the Radio Technical Committee Aeronautics Special Committee 203 (RTCA-
SC 203), and the data generated from the 3 pilot projects conducted
under subsection (c).</DELETED>

<DELETED>SEC. 608. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED
RESEARCH AND TRAINING IN THE USE OF ADVANCED MATERIALS IN
TRANSPORT AIRCRAFT.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 609. PILOT PROGRAM FOR ZERO EMISSION AIRPORT
VEHICLES.</DELETED>

<DELETED>    (a) In General.--Subchapter I of chapter 471 is amended by
inserting after section 47136 the following:</DELETED>
<DELETED>``Sec. 47136A. Zero emission airport vehicles and
infrastructure</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Location in Air Quality Nonattainment Areas.--
</DELETED>
<DELETED>    ``(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))).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Technical Assistance.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Report on Effectiveness of Program.--Not later than 18
months after the date of enactment of this section, 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--</DELETED>
<DELETED>    (1) an evaluation of the effectiveness of the
pilot program;</DELETED>
<DELETED>    (2) an identification of all public-use airports
that expressed an interest in participating in the program;
and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Conforming Amendment.--The table of contents for
chapter 471 is amended by inserting after the item relating to section
47136 the following:</DELETED>

<DELETED>``47136A. Zero emission airport vehicles and
infrastructure.''.

<DELETED>SEC. 610. REDUCTION OF EMISSIONS FROM AIRPORT POWER
SOURCES.</DELETED>

<DELETED>    (a) In General.--Subchapter I of chapter 471 is amended by
inserting after section 47140 the following:</DELETED>
<DELETED>``Sec. 47140A. Reduction of emissions from airport power
sources</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for
chapter 471 is amended by inserting after the item relating to section
47140 the following:</DELETED>

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

<DELETED>SEC. 611. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL AIDES AND
OTHER ASSETS.</DELETED>

<DELETED>    (a) Survey and Assessment.--</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) an inventory of the leases that
describes, for each such lease--</DELETED>
<DELETED>    (i) the periodic cost, location,
site, terms, number of years remaining, and
lessor;</DELETED>
<DELETED>    (ii) other Administration
facilities that share the leasehold, including
surveillance and communications equipment;
and</DELETED>
<DELETED>    (iii) the type of transmission
services supported, including the terms of
service, cost, and support contract obligations
for the services; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) GAO Assessment.--</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) complete an assessment of the current
and potential impact of wind farms on the national
airspace system;</DELETED>
<DELETED>    (B) complete an assessment of the extent
to which Federal policies and laws that encourage or
facilitate the development of wind farms have an impact
on implementation of the Next Generation air traffic
control system, including the installation of
navigational aides associated with that
system;</DELETED>
<DELETED>    (C) determine what resources the Federal
Aviation Administration would need to mitigate any
obstruction to navigation attributable to wind farms
under the existing air traffic control system or the
Next Generation air traffic control system;</DELETED>
<DELETED>    (D) recommend a new procedure, or
improvements to the current procedure, to the
Administration for mitigation of potential conflicts
between navigational aides and wind farms, with an
emphasis on early involvement of the Administration in
the planning stages for wind farms; and</DELETED>
<DELETED>    (E) develop a matrix that will indicate
how close to navigational aides wind farms can be
located and how many turbines can reasonably be placed
in the vicinity of such aides.</DELETED>
<DELETED>    (2) Report.--Upon completion of the assessments,
the Comptroller General shall submit a report to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the Administrator containing the
Comptroller General's findings, conclusions, and
recommendations.</DELETED>
<DELETED>    (c) Issuance of Guidelines; Public Information.--
</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) the establishment of a zone system for
wind farms based on proximity to critical FAA
assets;</DELETED>
<DELETED>    (B) the establishment of turbine height
and density limitations on such wind farms;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (1) to coordinate the requirements of each
department for future air space needs;</DELETED>
<DELETED>    (2) to determine what the acceptable risks are to
the existing infrastructure of each department; and</DELETED>
<DELETED>    (3) to define the different levels of risk for
such infrastructure.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Definitions.--In this section:</DELETED>
<DELETED>    (1) Administration.--The term ``Administration''
means the Federal Aviation Administration.</DELETED>
<DELETED>    (2) Administrator.--The term ``Administrator''
means the Administrator of the Federal Aviation
Administration.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (4) Wind farm.--The term ``wind farm'' means an
installation of 1 or more wind turbines used for the generation
of electricity.</DELETED>

<DELETED>TITLE VII--MISCELLANEOUS</DELETED>

<DELETED>SEC. 701. GENERAL AUTHORITY.</DELETED>

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

<DELETED>SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 703. AIRPORT PROGRAM MODIFICATIONS.</DELETED>

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

<DELETED>SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS.</DELETED>

<DELETED>    (a) Extension of Metropolitan Washington Airports
Authority.--Section 49108 is amended by striking ``2009,'' and
inserting ``2011,''.</DELETED>
<DELETED>    (b) Marshall Islands, Federated States of Micronesia, and
Palau.--Section 47115(j) is amended by striking ``2009,'' and inserting
``2011,''.</DELETED>
<DELETED>    (c) Midway Island Airport.--Section 186(d) of the Vision
100--Century of Aviation Reauthorization Act (17 Stat. 2518) is amended
by striking ``2009,'' and inserting ``2011,''.</DELETED>

<DELETED>SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS.</DELETED>

<DELETED>    Section 47107(s) is amended by striking paragraph
(3).</DELETED>

<DELETED>SEC. 706. UPDATE ON OVERFLIGHTS.</DELETED>

<DELETED>    (a) In General.--Section 45301(b) is amended to read as
follows:</DELETED>
<DELETED>    ``(b) Limitations.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Administrative Provision.--Section 45303(c)(2) is
amended to read as follows:</DELETED>
<DELETED>    ``(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 title 49 of the United States Code 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''.</DELETED>

<DELETED>SEC. 707. TECHNICAL CORRECTIONS.</DELETED>

<DELETED>    Section 40122(g), as amended by section 307 of this Act,
is further amended--</DELETED>
<DELETED>    (1) by striking ``section 2302(b), relating to
whistleblower protection,'' in paragraph (2)(A) and inserting
``sections 2301 and 2302,'';</DELETED>
<DELETED>    (2) by striking ``and'' after the semicolon in
paragraph (2)(H);</DELETED>
<DELETED>    (3) by striking ``Plan.'' in paragraph (2)(I)(iii)
and inserting ``Plan;'';</DELETED>
<DELETED>    (4) by adding at the end of paragraph (2) the
following:</DELETED>
<DELETED>    ``(J) section 5596, relating to back pay;
and</DELETED>
<DELETED>    ``(K) sections 6381 through 6387, relating
to Family and Medical Leave.''; and</DELETED>
<DELETED>    (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.''.</DELETED>

<DELETED>SEC. 708. FAA TECHNICAL TRAINING AND STAFFING.</DELETED>

<DELETED>    (a) Study.--</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) an analysis of the type of training
provided to such specialists;</DELETED>
<DELETED>    (B) an analysis of the type of training
that such specialists need to be proficient in the
maintenance of the latest technologies;</DELETED>
<DELETED>    (C) actions that the Administration has
undertaken to ensure that such specialists receive up-
to-date training on such technologies;</DELETED>
<DELETED>    (D) the amount and cost of training
provided by vendors for such specialists;</DELETED>
<DELETED>    (E) the amount and cost of training
provided by the Administration after developing in-
house training courses for such specialists;</DELETED>
<DELETED>    (F) the amount and cost of travel required
of such specialists in receiving training;
and</DELETED>
<DELETED>    (G) a recommendation regarding the most
cost-effective approach to providing such
training.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) Study by National Academy of Sciences.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (2) Contents.--The study shall include--</DELETED>
<DELETED>    (A) recommendations for objective staffing
standards that maintain the safety of the National
Airspace System; and</DELETED>
<DELETED>    (B) the approximate length of time for
developing such standards.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Safety Staffing Model.--Within 18 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.</DELETED>

<DELETED>SEC. 709. COMMERCIAL AIR TOUR OPERATORS IN NATIONAL
PARKS.</DELETED>

<DELETED>    (a) Secretary of the Interior and Overflights of National
Parks.--</DELETED>
<DELETED>    (1) Section 40128 is amended--</DELETED>
<DELETED>    (A) by striking paragraph (8) of
subsection (f);</DELETED>
<DELETED>    (B) by striking ``Director'' each place it
appears and inserting ``Secretary of the
Interior'';</DELETED>
<DELETED>    (C) by striking ``National Park Service''
in subsection (a)(2)(B)(vi) and inserting ``Department
of the Interior''; and</DELETED>
<DELETED>    (D) by striking ``National Park Service''
in subsection (b)(4)(C) and inserting ``Department of
the Interior''.</DELETED>
<DELETED>    (2) The National Parks Air Tour Management Act of
2000 (49 U.S.C. 40128 note) is amended--</DELETED>
<DELETED>    (A) by striking ``Director'' in section
804(b) and inserting ``Secretary of the
Interior'';</DELETED>
<DELETED>    (B) in section 805--</DELETED>
<DELETED>    (i) by striking ``Director of the
National Park Service'' in subsection (a) and
inserting ``Secretary of the
Interior'';</DELETED>
<DELETED>    (ii) by striking ``Director'' each
place it appears and inserting ``Secretary of
the Interior'';</DELETED>
<DELETED>    (iii) by striking ``National Park
Service'' each place it appears in subsection
(b) and inserting ``Department of the
Interior'';</DELETED>
<DELETED>    (iv) by striking ``National Park
Service'' in subsection (d)(2) and inserting
``Department of the Interior''; and</DELETED>
<DELETED>    (C) in section 807--</DELETED>
<DELETED>    (i) by striking ``National Park
Service'' in subsection (a)(1) and inserting
``Department of the Interior''; and</DELETED>
<DELETED>    (ii) by striking ``Director of the
National Park Service'' in subsection (b) and
inserting ``Secretary of the
Interior''.</DELETED>
<DELETED>    (b) Allowing Overflights in Case of Agreement.--Paragraph
(1) of subsection (a) of section 40128 is amended--</DELETED>
<DELETED>    (1) by striking ``and'' in subparagraph
(B);</DELETED>
<DELETED>    (2) by striking ``lands.'' in subparagraph (C) and
inserting ``lands; and''; and</DELETED>
<DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (C) Aviation Safety Inspectors.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (d) Modification of Interim Operating Authority.--Section
40128(c)(2)(I) is amended to read as follows:</DELETED>
<DELETED>    ``(I) may allow for modifications of the
interim operating authority without further
environmental process, if--</DELETED>
<DELETED>    ``(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;</DELETED>
<DELETED>    ``(ii) the Administrator
determines that the modifications would not
adversely affect aviation safety or the
management of the national airspace system;
and</DELETED>
<DELETED>    ``(iii) the Secretary agrees that
the modifications would not adversely affect
park resources and visitor
experiences.''.</DELETED>
<DELETED>    (e) Reporting Requirements for Commercial Air Tour
Operators.--</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) the number of commercial air tour
operations conducted by such operator over the national
park each day;</DELETED>
<DELETED>    (B) any relevant characteristics of
commercial air tour operations, including the routes,
altitudes, duration, and time of day of flights;
and</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (2) Format.--The report required by paragraph (1)
shall be submitted in such form as the Administrator and the
Secretary determine to be appropriate.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (4) Audit of reports.--Not later than 2 years
after the date of the enactment of this 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).</DELETED>
<DELETED>    (f) Collection of Fees From Air Tour Operations.--
</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Authorization of Appropriations for Air Tour
Management Plans.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (h) 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--</DELETED>
<DELETED>    (1) increased safety certifications;</DELETED>
<DELETED>    (2) exemptions from regulations requiring safety
certifications; and</DELETED>
<DELETED>    (3) other information regarding compliance with
the requirements of this Act and other Federal and State laws
and regulations.</DELETED>
<DELETED>    (i) Operating Authority of Commercial Air Tour
Operators.--</DELETED>
<DELETED>    (1) Transfer of operating authority.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) the operator submits an application;
or</DELETED>
<DELETED>    (B) an air tour management plan is
completed for the national park over which the operator
seeks to conduct commercial air tour
operations.</DELETED>
<DELETED>    (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--</DELETED>
<DELETED>    (A) the Secretary determines that such an
increase does not adversely impact park resources or
visitor experiences; and</DELETED>
<DELETED>    (B) the Administrator determines that
granting interim operating authority does not adversely
affect aviation safety or the management of the
national airspace system.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 710. PHASEOUT OF STAGE 1 AND 2 AIRCRAFT.</DELETED>

<DELETED>    (a) In General.--Subchapter II of chapter 475 is amended
by adding at the end the following:</DELETED>
<DELETED>``Sec. 47534. Prohibition on operating certain aircraft
weighing 75,000 pounds or less not complying with Stage 3
noise levels</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Exception.--Subsection (a) shall not apply to
aircraft operated only outside the 48 contiguous States.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(1) to sell, lease, or use the aircraft outside
the 48 contiguous States;</DELETED>
<DELETED>    ``(2) to scrap the aircraft;</DELETED>
<DELETED>    ``(3) to obtain modifications to the aircraft to
meet stage 3 noise levels;</DELETED>
<DELETED>    ``(4) to perform scheduled heavy maintenance or
significant modifications on the aircraft at a maintenance
facility located in the contiguous 48 states;</DELETED>
<DELETED>    ``(5) to deliver the aircraft to an operator
leasing the aircraft from the owner or return the aircraft to
the lessor;</DELETED>
<DELETED>    ``(6) to prepare or park or store the aircraft in
anticipation of any of the activities described in paragraphs
(1) through (5); or</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
<DELETED>    (1) Section 47531 is amended by striking ``47529,
or 47530'' and inserting ``47529, 47530, or 47534''.</DELETED>
<DELETED>    (2) Section 47532 is amended by striking ``47528-
47531'' and inserting ``47528 through 47531 or
47534''.</DELETED>
<DELETED>    (3) The table of contents for chapter 475 is
amended by inserting after the item relating to section 47533
the following:</DELETED>

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

<DELETED>SEC. 711. WEIGHT RESTRICTIONS AT TETERBORO AIRPORT.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 712. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT
PROPERTIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Noise Compatibility Measures.--Section 47504(a)(2) is
amended--</DELETED>
<DELETED>    (1) by striking ``and'' after the semicolon in
subparagraph (D);</DELETED>
<DELETED>    (2) by striking ``operations.'' in subparagraph
(E) and inserting ``operations; and''; and</DELETED>
<DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Grant Requirements.--The Administrator may not make a
grant under subsection (a) unless the grant is made--</DELETED>
<DELETED>    (1) to enable the airport operator and local
jurisdictions undertaking the community redevelopment effort to
expedite redevelopment efforts;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (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, the total
amount of the grant issued under this section shall be added to
the amount of any grants issued for acquisition of
land.</DELETED>
<DELETED>    (d) Demonstration Grants.--</DELETED>
<DELETED>    (1) In general.--The Administrator shall provide
grants for up to 4 pilot property redevelopment projects
distributed geographically and targeted to airports that
demonstrate--</DELETED>
<DELETED>    (A) a readiness to implement cooperative
land use management and redevelopment plans with the
adjacent community; and</DELETED>
<DELETED>    (B) the probability of clear economic
benefit to the local community and financial return to
the airport through the implementation of the
redevelopment plan.</DELETED>
<DELETED>    (2) Federal share.--</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (4) Exception.--Amounts paid to the Administrator
under subsection (c)(3)--</DELETED>
<DELETED>    (A) shall be in addition to amounts
authorized under section 48203 of title 49, United
States Code;</DELETED>
<DELETED>    (B) shall not be subject to any limitation
on grant obligations for any fiscal year; and</DELETED>
<DELETED>    (C) shall remain available until
expended.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Sunset.--This section, other than the amendments made
by subsections (b), shall not be in effect after September 30,
2011.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 713. TRANSPORTING MUSICAL INSTRUMENTS.</DELETED>

<DELETED>    (a) In General.--Subchapter I of chapter 417 is amended by
adding at the end thereof the following:</DELETED>
<DELETED>``Sec. 41724. Musical instruments</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) the instrument can be stowed safely
in a suitable baggage compartment in the aircraft cabin
or under a passenger seat; and</DELETED>
<DELETED>    ``(B) there is space for such stowage at
the time the passenger boards the aircraft.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(A) the instrument is contained in a
case or covered so as to avoid injury to other
passengers;</DELETED>
<DELETED>    ``(B) the weight of the instrument,
including the case or covering, does not exceed 165
pounds;</DELETED>
<DELETED>    ``(C) the instrument can be secured by a
seat belt to avoid shifting during flight;</DELETED>
<DELETED>    ``(D) the instrument does not restrict
access to, or use of, any required emergency exit,
regular exit, or aisle;</DELETED>
<DELETED>    ``(E) the instrument does not obscure any
passenger's view of any illuminated exit, warning, or
other informational sign;</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(G) the passenger wishing to carry the
instrument in the aircraft cabin has purchased an
additional seat to accommodate the
instrument.</DELETED>
<DELETED>    ``(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--</DELETED>
<DELETED>    ``(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</DELETED>
<DELETED>    ``(B) the weight of the instrument does
not exceed 165 pounds.</DELETED>
<DELETED>    ``(b) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to implement subsection
(a).''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for
chapter 417 is amended by inserting after the item relating to section
41723 the following:</DELETED>

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

<DELETED>SEC. 714. RECYCLING PLANS FOR AIRPORTS.</DELETED>

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

<DELETED>SEC. 715. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
ADJUSTMENTS.</DELETED>

<DELETED>    (a) In General.--Section 47107(e) is amended--</DELETED>
<DELETED>    (1) by redesignating paragraph (8) as
paragraph (9); and</DELETED>
<DELETED>    (2) by inserting after paragraph (7) the
following:</DELETED>
<DELETED>    ``(8) Mandatory training program for
airport concessions.--</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(B) Implementation.--The
training program may be implemented by one or
more private entities approved by the
Secretary.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(D) Authorization of
appropriations.--There are authorized to be
appropriated to the Secretary such sums as may
be necessary to carry out this
paragraph.''.</DELETED>
<DELETED>    (b) 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).</DELETED>
<DELETED>    (c) Disadvantaged Business Enterprise Personal Net Worth
Cap; Bonding Requirements.--Section 47113 is amended by adding at the
end the following:</DELETED>
<DELETED>    ``(e) Personal Net Worth Cap.--Not later than 180 days
after the date of enactment of 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.</DELETED>
<DELETED>    ``(f) Exclusion of Retirement Benefits.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Prohibition on Excessive or Discriminatory Bonding
Requirements.--</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 716. FRONT LINE MANAGER STAFFING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Considerations.--In conducting the study, the
Administrator may take into consideration--</DELETED>
<DELETED>    (1) the number of supervisory positions of
operation requiring watch coverage in each air traffic control
facility;</DELETED>
<DELETED>    (2) coverage requirements in relation to traffic
demand;</DELETED>
<DELETED>    (3) facility type;</DELETED>
<DELETED>    (4) complexity of traffic and managerial
responsibilities;</DELETED>
<DELETED>    (5) proficiency and training requirements;
and</DELETED>
<DELETED>    (6) such other factors as the Administrator
considers appropriate.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

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.

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. Flight crew 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. Pilot applicant employment records.
Sec. 552. Air carrier safety management systems.
Sec. 553. Implementation of NTSB 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. Safety inspections of regional air carriers.
Sec. 557. Establishment of safety standards with respect to the
training, hiring, and operation of aircraft
by pilots.
Sec. 558. Oversight of pilot training schools.
Sec. 559. Enhanced training for flight attendants and gate agents.
Sec. 560. 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. 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.

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--
``(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 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);
(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),''.
(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 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 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.''.

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 consolidate any additional
approach control facilities into the Southern California
TRACON, the Northern California TRACON, the Miami TRACON, or
the Memphis TRACON until the Board's recommendations are
completed.
(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 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, 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--
(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.

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--
(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;
(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.

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 ``$125,000,000''.

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 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);
(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 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. FLIGHT CREW FATIGUE.

(a) In General.--Within 3 months after the date of enactment of
this Act the Administrator of the Federal Aviation Administration shall
conclude arrangements with the National Academy of Sciences for a study
of pilot fatigue.
(b) Study.--The study shall include consideration of--
(1) research on fatigue, sleep, and circadian rhythms;
(2) sleep and rest requirements recommended by the National
Transportation Safety Board; and
(3) international standards.
(c) Report.--Within 18 months after initiating the study, the
National Academy shall submit a report to the Administrator containing
its findings and recommendations, including recommendations with
respect to Federal Aviation Regulations governing flight limitation and
rest requirements.
(d) Rulemaking.--After the Administrator receives the National
Academy's report, the Federal Aviation Administration shall consider
the findings of the National Academy in its rulemaking proceeding on
flight time limitations and rest requirements.
(e) Implementation of Flight Attendant Fatigue Study
Recommendations.--Within 60 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration shall
initiate a process to carry out the recommendations of the Civil
Aerospace Medical Institute study on flight attendant fatigue.

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 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 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.
(d) Additional Safety Inspectors.--From amounts appropriated
pursuant to section 106(k)(1) of title 49, United States Code, the
Administrator of the Federal Aviation Administration may hire a net
increase of 200 additional safety inspectors.

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.
``(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;
(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. PILOT APPLICANT EMPLOYMENT RECORDS.

(a) In General.--Section 44703(h) is amended to read as follows:
``(h) Records of Employment, Training, and Testing.--
``(1) In general.--The Administrator of the Federal
Aviation Administration shall establish and maintain a pilot
employment, training, and testing database and shall publish
notice in the Federal Register when the database is
operational. The database shall include the following
information:
``(A) FAA records.--From the Federal Aviation
Administration, records pertaining to the individual
that are maintained by the Administration concerning--
``(i) current airman certificates
(including airman medical certificates) and
associated type ratings, including any
limitations to those certificates and ratings;
``(ii) any failed attempt of the 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 United
States Armed Forces, the National Guard, or a reserve
component of the United States Armed Forces) that has
employed the 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 an air carrier (other
than records relating to flight time, duty
time, or rest time) 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), from the chief
driver licensing official of a State, information
concerning the motor vehicle driving record of the
individual.
``(2) Records of current employees.--Each air carrier shall
submit to the Administrator, for inclusion in the database
established under paragraph (1)--
``(A) not later than 180 days after the date on
which notice of the establishment of the database is
published, the records described in paragraph (1)(B)
concerning any pilot employed by the air carrier; and
``(B) after such date, not later than 30 days after
the generation of any new records described in
paragraph (1)(B), such new records.
``(3) Right of pilot to review.--Notwithstanding any other
provision of law or agreement, the Administrator, upon written
request from a pilot, shall make available to the pilot for
review and correction, within a reasonable time, but not later
than 30 days after the date of the request, a copy of all
records referred to in paragraph (1) pertaining to the pilot.
``(4) Right to receive notice and copy of any record
furnished.--A person who receives a request for records
described in paragraph (1) shall provide to the individual who
is the subject of the records--
``(A) on or before the 20th day following the date
of receipt of the request, written notice of the
request and of the individual's right to receive a copy
of such records; and
``(B) in accordance with paragraph (3), a copy of
such records, if requested by the individual.
``(5) Right to correct inaccuracies.--An air carrier that
maintains or requests and receives the records of an individual
under paragraph (1) shall provide the individual with a
reasonable opportunity to submit written comments to correct
any inaccuracies contained in the records before making a final
hiring decision with respect to the individual. After the
database established under paragraph (1) is operational, the
air carrier shall submit any corrections made or accepted by
the air carrier to the Administration for inclusion in the
database within 30 days after the corrections are made or
accepted by the air carrier.
``(6) Privacy protections.--An air carrier that maintains,
or requests and receives, the records described in paragraph
(1) of an individual may use such 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 pilot
and the confidentiality of the records, including ensuring that
information contained in the records is not divulged to any
individual that is not directly involved in the hiring
decision.
``(7) Periodic review.--Not later than 18 months after the
date of the enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, and at least once
every 3 years thereafter, the Administrator shall submit to
Congress a statement that contains, taking into account recent
developments in the aviation industry--
``(A) recommendations by the Administrator
concerning proposed changes to Administration records,
air carrier records, and other records required to be
furnished under paragraph (1); or
``(B) reasons why the Administrator does not
recommend any proposed changes to the records referred
to in paragraph (1).
``(8) Rulemaking.--The Administrator shall prescribe such
regulations as may be necessary--
``(A) to protect--
``(i) the personal privacy of any
individual whose records are included in the
database established under paragraph (1); and
``(ii) the confidentiality of those
records;
``(B) to preclude the further dissemination of
records received under paragraph (1) by the person who
requested those records; and
``(C) to ensure prompt compliance with any request
made under this subsection.
``(9) Special rules with respect to certain pilots.--
``(A) Pilots of certain small aircraft.--
Notwithstanding paragraph (1), an air carrier, before
receiving information requested about an individual
under this subsection, may allow the individual to
begin service for a period not to exceed 90 days as a
pilot of an aircraft with a maximum payload capacity
(as defined in section 119.3 of title 14, Code of
Federal Regulations) of 7,500 pounds or less, or a
helicopter, on a flight that is not a scheduled
operation (as defined in such section). Before the end
of the 90-day period, the air carrier shall obtain and
evaluate such information. The contract between the
carrier and the individual shall contain a term that
provides that the continuation of the individual's
employment, after the last day of the 90-day period,
depends on a satisfactory evaluation.
``(B) Good faith exception.--Until the database
required by paragraph (1) is established, an air
carrier, without obtaining information about an
individual under paragraph (1) from an air carrier or
other person that no longer exists or from a foreign
government or entity that employed the individual, may
allow the individual to begin service as a pilot if the
air carrier required to request the information has
made a documented good faith attempt to obtain such
information.
``(10) Review of prospective pilots' records.--Except as
provided in paragraph (9), before allowing an individual to
begin service as a pilot an air carrier shall request a copy of
all the records described in paragraph (1) pertaining to the
pilot and review the records.
``(11) Electronic access to FAA records.--For the purpose
of increasing timely and efficient access to Federal Aviation
Administration records described in paragraph (1), the
Administrator may allow, under terms established by the
Administrator, an individual designated by the air carrier to
have electronic access to a specified database containing
information about such records. The terms 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 information obtained using such access
will not be used for any purpose other than making the hiring
decision.''.
(b) Limitation on Liability.--Section 44703(i)(1) is amended--
(1) in the matter preceding subparagraph (A), by striking
``pilot and who has signed a release from liability,'' and
inserting ``pilot,''; and
(2) in subparagraph (B), by striking ``complied with such
request;'' and inserting ``furnished records to the
Administrator in accordance with subsection (h)(1);''.
(c) Transition Rule.--Until the date on which the Administrator
publishes notice in the Federal Register that the database required by
section 44703(h)(1) of title 49, United States Code (as amended by
subsection (a)) is operational, the provisions of section 44703(h) of
such title, as that section was in effect on the day before the date of
enactment of this Act, shall remain in effect, except that such
provisions shall be applied--
(1) without regard to the phrase ``during the 5-year
period'' in paragraph (1)(B); and
(2) without regard to paragraph (3).

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) 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.
(c) 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.
(d) 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. IMPLEMENTATION OF NTSB RECOMMENDATIONS.

(a) In General.--
(1) Notification.--Within 30 days after the end of each
calendar year, the Administrator shall submit a notification to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure indicating whether the Administrator has
determined to implement the safety recommendations made to the
FAA by the National Transportation Safety Board during the
preceding year.
(2) Implementation plans.--If the Administrator has
determined to implement such a recommendation, the notification
shall describe the action the Administrator plans to take to
implement the recommendation.
(3) Explanation of non-implementation.--If the
Administrator has determined not to implement such a
recommendation, the notification shall describe the reason for
the determination.
(b) Pending Recommendations.--Within 180 days after the date of
enactment of this Act, the Administrator shall submit a notification to
those Committees with respect to each safety recommendation made to the
FAA by the National Transportation Safety Board that was made before
the date of enactment of this Act that was not implemented before that
date containing the implementation plans, or an explanation of non-
implementation, for each such 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--
(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.

SEC. 556. 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. 557. ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO THE
TRAINING, HIRING, AND OPERATION OF AIRCRAFT BY PILOTS.

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.

SEC. 558. OVERSIGHT OF PILOT TRAINING SCHOOLS.

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.

SEC. 559. ENHANCED TRAINING FOR FLIGHT ATTENDANTS AND GATE AGENTS.

(a) In General.--Chapter 447, as amended by section 521 of this
Act, is further amended by adding at the end the following:
``Sec. 44731. 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 sections for chapter 447 of
title 49, United States Code, is amended by adding at the end the
following:

``44731. 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. 560. 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).
(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 sectin 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 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 this section, 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.''.
(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--
(A) complete an assessment of the current and
potential impact of wind farms on the national airspace
system;
(B) complete an assessment of the extent to which
Federal policies and laws that encourage or facilitate
the development of wind farms have an impact on
implementation of the Next Generation air traffic
control system, including the installation of
navigational aides associated with that system;
(C) determine what resources the Federal Aviation
Administration would need to mitigate any obstruction
to navigation attributable to wind farms under the
existing air traffic control system or the Next
Generation air traffic control system;
(D) recommend a new procedure, or improvements to
the current procedure, to the Administration for
mitigation of potential conflicts between navigational
aides and wind farms, with an emphasis on early
involvement of the Administration in the planning
stages for wind farms; and
(E) develop a matrix that will indicate how close
to navigational aides wind farms can be located and how
many turbines can reasonably be placed in the vicinity
of such aides.
(2) Report.--Upon completion of the assessments, the
Comptroller General shall submit a report to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the Administrator containing the
Comptroller General's findings, conclusions, and
recommendations.
(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 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 title 49 of the United States Code 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 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, 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 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 of title 49, United States Code, is
repealed.
(b) Conforming Repeal.--The table of sections for chapter 491 of
such title 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.
Calendar No. 168

111th CONGRESS

1st Session

S. 1451

[Report No. 111-82]

_______________________________________________________________________

A BILL

To modernize the air traffic control system, improve the safety,
reliability, and availability of transportation by air in the United
States, provide for modernization of the air traffic control system,
reauthorize the Federal Aviation Administration, and for other
purposes.

_______________________________________________________________________

September 29, 2009

Reported with an amendment