[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1586 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
March 22 (legislative day, March 19), 2010.
Resolved, That the bill from the House of Representatives (H.R.
1586) entitled ``An Act to impose an additional tax on bonuses received
from certain TARP recipients.'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
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. 207(b). Prohibition on use of passenger facility charges to
construct bicycle storage facilities.
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.
Sec. 219. Release from restrictions.
Sec. 220. Designation of former military airports.
Sec. 221. Airport sustainability planning working group.
Sec. 222. Inclusion of measures to improve the efficiency of airport
buildings in airport improvement projects.
Sec. 223. Study on apportioning amounts for airport improvement in
proportion to amounts of air traffic.
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. Report on funding for NextGen technology.
Sec. 320. Unmanned aerial systems.
Sec. 321. Surface Systems Program Office.
Sec. 322. Stakeholder coordination.
Sec. 323. FAA task force on air traffic control facility conditions.
Sec. 324. State ADS-B equipage bank pilot program.
Sec. 325. Implementation of Inspector General ATC recommendations.
Sec. 326. Semiannual report on status of Greener Skies project.
Sec. 327. Definitions.
Sec. 328. Financial incentives for Nextgen Equipage.
TITLE IV--AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE IMPROVEMENTS
SUBTITLE A--CONSUMER PROTECTION
Sec. 401. Airline customer service commitment.
Sec. 402. Publication of customer service data and flight delay
history.
Sec. 403. Expansion of DOT airline consumer complaint investigations.
Sec. 404. Establishment of advisory committee for aviation consumer
protection.
Sec. 405. Disclosure of passenger fees.
Sec. 406. Disclosure of air carriers operating flights for tickets sold
for air transportation.
Sec. 407. Notification requirements with respect to the sale of airline
tickets.
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.
Sec. 419. Repeal of essential air service local participation program.
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.
Sec. 434. Authorization of use of certain lands in the Las Vegas
McCarran International Airport Environs
Overlay District for transient lodging and
associated facilities.
TITLE V--SAFETY
SUBTITLE A--AVIATION SAFETY
Sec. 501. Runway safety equipment plan.
Sec. 502. Judicial review of denial of airman certificates.
Sec. 503. Release of data relating to abandoned type certificates and
supplemental type certificates.
Sec. 504. Design organization certificates.
Sec. 505. FAA access to criminal history records or database systems.
Sec. 506. Pilot fatigue.
Sec. 507. Increasing safety for helicopter and fixed wing emergency
medical service operators and patients.
Sec. 508. Cabin crew communication.
Sec. 509. Clarification of memorandum of understanding with OSHA.
Sec. 510. Acceleration of development and implementation of required
navigation performance approach procedures.
Sec. 511. Improved safety information.
Sec. 512. Voluntary disclosure reporting process improvements.
Sec. 513. Procedural improvements for inspections.
Sec. 514. Independent review of safety issues.
Sec. 515. National review team.
Sec. 516. FAA Academy improvements.
Sec. 517. Reduction of runway incursions and operational errors.
Sec. 518. Aviation safety whistleblower investigation office.
Sec. 519. Modification of customer service initiative.
Sec. 520. Headquarters review of air transportation oversight system
database.
Sec. 521. Inspection of foreign repair stations.
Sec. 522. Non-certificated maintenance providers.
SUBTITLE B--FLIGHT SAFETY
Sec. 551. FAA pilot records database.
Sec. 552. Air carrier safety management systems.
Sec. 553. Secretary of Transportation responses to safety
recommendations.
Sec. 554. Improved Flight Operational Quality Assurance, Aviation
Safety Action, and Line Operational Safety
Audit programs.
Sec. 555. Re-evaluation of flight crew training, testing, and
certification requirements.
Sec. 556. Flightcrew member mentoring, professional development, and
leadership.
Sec. 557. Flightcrew member screening and qualifications.
Sec. 558. Prohibition on personal use of certain devices on flight
deck.
Sec. 559. Safety inspections of regional air carriers.
Sec. 560. Establishment of safety standards with respect to the
training, hiring, and operation of aircraft
by pilots.
Sec. 561. Oversight of pilot training schools.
Sec. 562. Enhanced training for flight attendants and gate agents.
Sec. 563. Definitions.
Sec. 564. Study of air quality in aircraft cabins.
TITLE VI--AVIATION RESEARCH
Sec. 601. Airport cooperative research program.
Sec. 602. Reduction of noise, emissions, and energy consumption from
civilian aircraft.
Sec. 603. Production of alternative fuel technology for civilian
aircraft.
Sec. 604. Production of clean coal fuel technology for civilian
aircraft.
Sec. 605. Advisory committee on future of aeronautics.
Sec. 606. Research program to improve airfield pavements.
Sec. 607. Wake turbulence, volcanic ash, and weather research.
Sec. 608. Incorporation of unmanned aircraft systems into FAA plans and
policies.
Sec. 609. Reauthorization of center of excellence in applied research
and training in the use of advanced
materials in transport aircraft.
Sec. 610. Pilot program for zero emission airport vehicles.
Sec. 611. Reduction of emissions from airport power sources.
Sec. 612. Siting of windfarms near FAA navigational aides and other
assets.
Sec. 613. Research and development for equipment to clean and monitor
the engine and APU bleed air supplied on
pressurized aircraft.
TITLE VII--MISCELLANEOUS
Sec. 701. General authority.
Sec. 702. Human intervention management study.
Sec. 703. Airport program modifications.
Sec. 704. Miscellaneous program extensions.
Sec. 705. Extension of competitive access reports.
Sec. 706. Update on overflights.
Sec. 707. Technical corrections.
Sec. 708. FAA technical training and staffing.
Sec. 709. Commercial air tour operators in national parks.
Sec. 710. Phaseout of Stage 1 and 2 aircraft.
Sec. 711. Weight restrictions at Teterboro Airport.
Sec. 712. Pilot program for redevelopment of airport properties.
Sec. 713. Transporting musical instruments.
Sec. 714. Recycling plans for airports.
Sec. 715. Disadvantaged Business Enterprise Program adjustments.
Sec. 716. Front line manager staffing.
Sec. 717. Study of helicopter and fixed wing air ambulance services.
Sec. 718. Repeal of certain limitations on Metropolitan Washington
Airports Authority.
Sec. 719. Study of aeronautical mobile telemetry.
Sec. 720. Flightcrew member pairing and crew resource management
techniques.
Sec. 721. Consolidation or elimination of obsolete, redundant, or
otherwise unnecessary reports; use of
electronic media format.
Sec. 722. Line check evaluations.
Sec. 723. Report on Newark Liberty Airport air traffic control tower.
Sec. 724. Priority review of construction projects in cold weather
States.
Sec. 725. Air-rail codeshare study.
Sec. 726. On-going monitoring of and report on the New York/New Jersey/
Philadelphia Metropolitan Area Airspace
Redesign.
Sec. 727. Study on aviation fuel prices.
Sec. 728. Land conveyance for Southern Nevada Supplemental Airport.
Sec. 729. Clarification of requirements for volunteer pilots operating
charitable medical flights.
Sec. 730. Cylinders of compressed oxygen, nitrous oxide, or other
oxidizing gases.
Sec. 731. Technical correction.
Sec. 732. Plan for flying scientific instruments on commercial flights.
TITLE VIII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
Sec. 800. Amendment of 1986 Code.
Sec. 801. Extension of taxes funding Airport and Airway Trust Fund.
Sec. 802. Extension of Airport and Airway Trust Fund expenditure
authority.
Sec. 803. Modification of excise tax on kerosene used in aviation.
Sec. 804. Air traffic control system modernization account.
Sec. 805. Treatment of fractional aircraft ownership programs.
Sec. 806. Termination of exemption for small aircraft on nonestablished
lines.
Sec. 807. Transparency in passenger tax disclosures.
TITLE IX--BUDGETARY EFFECTS
Sec. 901. Budgetary effects.
TITLE X--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL
REPORTING REQUIREMENT
Sec. 1001. Definition.
Sec. 1002. Rescission.
Sec. 1003. Agency wide identification and reports.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the amendments
made by this Act shall take effect on the date of enactment of this
Act.
TITLE I--AUTHORIZATIONS
SEC. 101. OPERATIONS.
Section 106(k)(1) is amended by striking subparagraphs (A) through
(E) and inserting the following:
``(A) $9,336,000,000 for fiscal year 2010; and
``(B) $9,620,000,000 for fiscal year 2011.''.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) is amended by striking paragraphs (1) through (5)
and inserting the following:
``(1) $3,500,000,000 for fiscal year 2010, of which
$500,000,000 is derived from the Air Traffic Control System
Modernization Account of the Airport and Airways Trust Fund;
and
``(2) $3,600,000,000 for fiscal year 2011, of which
$500,000,000 is derived from the Air Traffic Control System
Modernization Account of the Airport and Airways Trust Fund.''.
SEC. 103. RESEARCH AND DEVELOPMENT.
Section 48102 is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Not more than the following amounts may be
appropriated to the Secretary of Transportation out of the Airport and
Airway Trust Fund established under section 9502 of the Internal
Revenue Code of 1986 (26 U.S.C. 9502) for conducting civil aviation
research and development under sections 44504, 44505, 44507, 44509, and
44511 through 44513 of this title:
``(1) $200,000,000 for fiscal year 2010.
``(2) $206,000,000 for fiscal year 2011.'';
(2) by striking subsections (c) through (h); and
(3) by adding at the end the following:
``(c) Research Grants Program Involving Undergraduate Students.--
The Administrator of the Federal Aviation Administration shall
establish a program to utilize undergraduate and technical colleges,
including Historically Black Colleges and Universities, Hispanic
Serving Institutions, tribally controlled colleges and universities,
and Alaska Native and Native Hawaiian serving institutions in research
on subjects of relevance to the Federal Aviation Administration. Grants
may be awarded under this subsection for--
``(1) research projects to be carried out at primarily
undergraduate institutions and technical colleges;
``(2) research projects that combine research at primarily
undergraduate institutions and technical colleges with other
research supported by the Federal Aviation Administration;
``(3) research on future training requirements on projected
changes in regulatory requirements for aircraft maintenance and
power plant licensees; or
``(4) research on the impact of new technologies and
procedures, particularly those related to aircraft flight deck
and air traffic management functions, and on training
requirements for pilots and air traffic controllers.''.
SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
Section 48103 is amended by striking paragraphs (1) through (6) and
inserting the following:
``(1) $4,000,000,000 for fiscal year 2010; and
``(2) $4,100,000,000 for fiscal year 2011.''.
SEC. 105. OTHER AVIATION PROGRAMS.
Section 48114 is amended--
(1) by striking ``2007'' in subsection (a)(1)(A) and
inserting ``2011'';
(2) by striking ``2007,'' in subsection (a)(2) and
inserting ``2011,''; and
(3) by striking ``2007'' in subsection (c)(2) and inserting
``2011''.
SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION SYSTEM
PROJECTS.
Section 44501(b) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(3);
(2) by striking ``defense.'' in paragraph (4) and inserting
``defense; and''; and
(3) by adding at the end thereof the following:
``(5) a list of projects that are part of the Next
Generation Air Transportation System and do not have as a
primary purpose to operate or maintain the current air traffic
control system.''.
SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR AIRPORT PROGRAMS.
(a) In General.--Section 48105 is amended to read as follows:
``Sec. 48105. Airport programs administrative expenses
``Of the amount made available under section 48103 of this title,
the following may be available for administrative expenses relating to
the Airport Improvement Program, passenger facility charge approval and
oversight, national airport system planning, airport standards
development and enforcement, airport certification, airport-related
environmental activities (including legal services), and other airport-
related activities (including airport technology research), to remain
available until expended--
``(1) for fiscal year 2010, $94,000,000; and
``(2) for fiscal year 2011, $98,000,000.''.
(b) Conforming Amendment.--The table of contents for chapter 481 is
amended by striking the item relating to section 48105 and inserting
the following:
``48105. Airport programs administrative expenses''.
(c) Passenger Enplanement Report.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall prepare a report on every airport in the
United States that reported between 10,000 and 15,000 passenger
enplanements during each of the 2 most recent years for which
such data is available.
(2) Report objectives.--In carrying out the report under
paragraph (1), the Administrator shall document the methods
used by each subject airport to reach the 10,000 passenger
enplanement threshold, including whether airports subsidize
commercial flights to reach such threshold.
(3) Review.--The Inspector General of the Department of
Transportation shall review the process of the Adminstrator in
developing the report under paragraph (1).
(4) Report.--The Administrator shall submit the report
prepared under paragraph (1) to Congress and the Secretary of
Transportation.
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. 207(B). PROHIBITION ON USE OF PASSENGER FACILITY CHARGES TO
CONSTRUCT BICYCLE STORAGE FACILITIES.
Section 40117(a)(3) is amended--
(1) by redesignating subparagraphs (A) through (G) as
clauses (i) through (vii);
(2) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(3) by adding at the end the following:
``(B) Bicycle storage facilities.--A project to
construct a bicycle storage facility may not be
considered an eligible airport-related project.''.
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),''; and
(f) Correction to Surplus Property Authority.--Section 47151(e) is
amended by striking ``(other than real property that is subject to
section 2687 of title 10, section 201 of the Defense Authorization
Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note),
or section 2905 of the Defense Base Closure and Realignment Act of 1990
(10 U.S.C. 2687 note),''.
(g) Airport Capacity Benchmark Reports; Definition of Joint Use
Airport.--Section 47175 is amended--
(1) by striking ``Airport Capacity Benchmark Report 2001.''
in paragraph (2) and inserting ``2001 and 2004 Airport Capacity
Benchmark Reports or of the most recent Benchmark report,
Future Airport Capacity Task Report, or other comparable FAA
report.''; and
(2) by adding at the end thereof the following:
``(7) Joint use airport.--The term `joint use airport'
means an airport owned by the United States Department of
Defense, at which both military and civilian aircraft make
shared use of the airfield.''.
(h) Use of Apportioned Amounts.--Section 47117(e)(1)(A) is
amended--
(1) by striking ``35 percent'' in the first sentence and
inserting ``$300,000,000'';
(2) by striking ``and'' after ``47141,'';
(3) by striking ``et seq.).'' and inserting ``et seq.), and
for water quality mitigation projects to comply with the Act of
June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an
environmental record of decision for an airport development
project under this title.''; and
(4) by striking ``such 35 percent requirement is'' in the
second sentence and inserting ``the requirements of the
preceding sentence are''.
(i) Use of Previous Fiscal Year's Apportionment.--Section
47114(c)(1) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(E)(ii);
(2) by striking ``airport.'' in subparagraph (E)(iii) and
inserting ``airport; and'';
(3) by adding at the end of subparagraph (E) the following:
``(iv) the airport received scheduled or
unscheduled air service from a large certified
air carrier (as defined in part 241 of title
14, Code of Federal Regulations, or such other
regulations as may be issued by the Secretary
under the authority of section 41709) and the
Secretary determines that the airport had more
than 10,000 passenger boardings in the
preceding calendar year, based on data
submitted to the Secretary under part 241 of
title 14, Code of Federal Regulations.'';
(4) in subparagraph (G)--
(A) by striking ``fiscal year 2006'' in the heading
and inserting ``fiscal years 2008 through 2011'';
(B) by striking ``fiscal year 2006'' and inserting
``fiscal years 2008 through 2011'';
(C) by striking clause (i) and inserting the
following:
``(i) the average annual passenger
boardings at the airport for calendar years
2004 through 2006 were below 10,000 per
year;''; and
(D) by striking ``2000 or 2001;'' in clause (ii)
and inserting ``2003;''; and
(5) by adding at the end thereof the following:
``(H) Special rule for fiscal years 2010 and 2011.--
Notwithstanding subparagraph (A), for an airport that had more
than 10,000 passenger boardings and scheduled passenger
aircraft service in calendar year 2007, but in either calendar
years 2008 or 2009, or both years, the number of passenger
boardings decreased to a level below 10,000 boardings per year
at such airport, the Secretary may apportion in fiscal years
2010 or 2011 to the sponsor of such an airport an amount equal
to the amount apportioned to that sponsor in fiscal year
2009.''.
(j) Mobile Refueler Parking Construction.--Section 47102(3) is
amended by adding at the end the following:
``(M) construction of mobile refueler parking
within a fuel farm at a nonprimary airport meeting the
requirements of section 112.8 of title 40, Code of
Federal Regulations.''.
(k) Discretionary Fund.--Section 47115(g)(1) is amended by striking
``of--'' and all that follows and inserting ``of $520,000,000. The
amount credited is exclusive of amounts that have been apportioned in a
prior fiscal year under section 47114 of this title and that remain
available for obligation.''.
SEC. 209. STATE BLOCK GRANT PROGRAM.
Section 47128 is amended--
(1) by striking ``regulations'' each place it appears in
subsection (a) and inserting ``guidance'';
(2) by striking ``grant;'' in subsection (b)(4) and
inserting ``grant, including Federal environmental requirements
or an agreed upon equivalent;'';
(3) by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following:
``(c) Project Analysis and Coordination Requirements.--Any Federal
agency that must approve, license, or permit a proposed action by a
participating State shall coordinate and consult with the State. The
agency shall utilize the environmental analysis prepared by the State,
provided it is adequate, or supplement that analysis as necessary to
meet applicable Federal requirements.''; and
(4) by adding at the end the following:
``(e) Pilot Program.--The Secretary shall establish a pilot program
for up to 3 States that do not participate in the program established
under subsection (a) that is consistent with the program under
subsection (a).''.
SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.
Section 47173(a) is amended by striking ``project.'' and inserting
``project, or to conduct special environmental studies related to a
federally funded airport project or for special studies or reviews to
support approved noise compatibility measures in a Part 150 program or
environmental mitigation in a Federal Aviation Administration Record of
Decision or Finding of No Significant Impact.''.
SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES.
Section 47504 is amended by adding at the end the following:
``(e) Grants for Assessment of Flight Procedures.--
``(1) The Secretary is authorized in accordance with
subsection (c)(1) to make a grant to an airport operator to
assist in completing environmental review and assessment
activities for proposals to implement flight procedures that
have been approved for airport noise compatibility planning
purposes under subsection (b).
``(2) The Administrator of the Federal Aviation
Administration may accept funds from an airport sponsor,
including funds provided to the sponsor under paragraph (1), to
hire additional staff or obtain the services of consultants in
order to facilitate the timely processing, review and
completion of environmental activities associated with
proposals to implement flight procedures submitted and approved
for airport noise compatibility planning purposes in accordance
with this section. Funds received under this authority shall
not be subject to the procedures applicable to the receipt of
gifts by the Administrator.''.
SEC. 212. SAFETY-CRITICAL AIRPORTS.
Section 47118(c) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(1);
(2) by striking ``delays.'' in paragraph (2) and inserting
``delays; or''; and
(3) by adding at the end the following:
``(3) be critical to the safety of commercial, military, or
general aviation in trans-oceanic flights.''.
SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT PROGRAM.
(a) Pilot Program.--Subchapter I of chapter 471 is amended by
adding at the end thereof the following:
``Sec. 47143. Environmental mitigation demonstration pilot program
``(a) In General.--The Secretary of Transportation shall carry out
a pilot program involving not more than 6 projects at public-use
airports under which the Secretary may make grants to sponsors of such
airports from funds apportioned under paragraph 47117(e)(1)(A) for use
at such airports for environmental mitigation demonstration projects
that will measurably reduce or mitigate aviation impacts on noise, air
quality or water quality in the vicinity of the airport.
Notwithstanding any other provision of 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.
SEC. 219. RELEASE FROM RESTRICTIONS.
(a) In General.--Subject to subsection (b), and notwithstanding
section 16 of the Federal Airport Act (as in effect on August 28, 1973)
and sections 47125 and 47153 of title 49, United States Code, the
Secretary of Transportation is authorized to grant releases from any of
the terms, conditions, reservations, and restrictions contained in the
deed of conveyance dated August 28, 1973, under which the United States
conveyed certain property to the city of St. George, Utah, for airport
purposes.
(b) Condition.--Any release granted by the Secretary of
Transportation pursuant to subsection (a) shall be subject to the
following conditions:
(1) The city of St. George, Utah, shall agree that in
conveying any interest in the property which the United States
conveyed to the city by deed on August 28, 1973, the city will
receive an amount for such interest which is equal to its fair
market value.
(2) Any amount received by the city under paragraph (1)
shall be used by the city of St. George, Utah, for the
development or improvement of a replacement public airport.
SEC. 220. DESIGNATION OF FORMER MILITARY AIRPORTS.
Section 47118(g) is amended by striking ``one'' and inserting
``three'' in its place.
SEC. 221. AIRPORT SUSTAINABILITY PLANNING WORKING GROUP.
(a) In General.--The Administrator shall establish an airport
sustainability working group to assist the Administrator with issues
pertaining to airport sustainability practices.
(b) Membership.--The Working Group shall be comprised of not more
than 15 members including--
(1) the Administrator;
(2) 5 member organizations representing aviation interests
including:
(A) an organization representing airport operators;
(B) an organization representing airport employees;
(C) an organization representing air carriers;
(D) an organization representing airport
development and operations experts;
(E) a labor organization representing aviation
employees.
(3) 9 airport chief executive officers which shall include:
(A) at least one from each of the FAA Regions;
(B) at least 1 large hub;
(C) at least 1 medium hub;
(D) at least 1 small hub;
(E) at least 1 non hub;
(F) at least 1 general aviation airport.
(c) Functions.--
(1) develop consensus-based best practices and metrics for
the sustainable design, construction, planning, maintenance,
and operation of an airport that comply with the guidelines
prescribed by the Administrator;
(2) develop standards for a consensus-based rating system
based on the aforementioned best practices, metrics, and
ratings; and
(3) develop standards for a voluntary ratings process,
based on the aforementioned best practices, metrics, and
ratings;
(4) examine and submit recommendations for the industry's
next steps with regard to sustainability.
(d) Determination.--The Administrator shall provide assurance that
the best practices developed by the working group under paragraph (a)
are not in conflict with any federal aviation or federal, state or
local environmental regulation.
(e) Unpaid Position.--Working Group members shall serve at their
own expense and receive no salary, reimbursement of travel expenses, or
other compensation from the Federal Government.
(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Working Group under this
section.
(g) Report.--Not later than one year after the date of enactment
the Working Group shall submit a report to the Administrator containing
the best practices and standards contained in paragraph (c). After
receiving the report, the Administrator may publish such best practices
in order to disseminate the information to support the sustainable
design, construction, planning, maintenance, and operations of
airports.
(h) No funds may be authorized to carry out this provision.
SEC. 222. INCLUSION OF MEASURES TO IMPROVE THE EFFICIENCY OF AIRPORT
BUILDINGS IN AIRPORT IMPROVEMENT PROJECTS.
Section 47101(a) is amended--
(1) in paragraph (12), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (13), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(14) that the airport improvement program should be
administered to allow measures to improve the efficiency of
airport buildings to be included in airport improvement
projects, such as measures designed to meet one or more of the
criteria for being a high-performance green building set forth
in section 401(13) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17061(13)), if any significant increase in
upfront project costs from any such measure is justified by
expected savings over the lifecycle of the project.''.
SEC. 223. STUDY ON APPORTIONING AMOUNTS FOR AIRPORT IMPROVEMENT IN
PROPORTION TO AMOUNTS OF AIR TRAFFIC.
(a) Study and Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Administrator of the Federal
Aviation Administration shall--
(1) complete a study on the feasibility and advisability of
apportioning amounts under section 47114(c)(1) of title 49,
United States Code, to the sponsor of each primary airport for
each fiscal year an amount that bears the same ratio to the
amount subject to the apportionment for fiscal year 2009 as the
number of passenger boardings at the airport during the prior
calendar year bears to the aggregate of all passenger boardings
at all primary airports during that calendar year; and
(2) submit to Congress a report on the study completed
under paragraph (1).
(b) Report Contents.--The report required by subsection (a)(2)
shall include the following:
(1) A description of the study carried out under subsection
(a)(1).
(2) The findings of the Administrator with respect to such
study.
(3) A list of each sponsor of a primary airport that
received an amount under section 47114(c)(1) of title 49,
United States Code, in 2009.
(4) For each sponsor listed in accordance with paragraph
(3), the following:
(A) The amount such sponsor received, if any, in
2005, 2006, 2007, 2008, and 2009 under such section
47114(c)(1).
(B) An explanation of how the amount awarded to
such sponsor was determined.
(C) The average number of air passenger flights
serviced each month at the airport of such sponsor in
2009.
(D) The number of enplanements for air passenger
transportation at such airport in 2005, 2006, 2007,
2008, and 2009.
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) Compensation.--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 realign any air traffic
control facilities or regional offices until the Board's
recommendations are complete, unless for each proposed
realignment the Administrator and each exclusive bargaining
representative certified under section 7114 of title 5, United
States Code, of affected employees execute a written agreement
regarding the proposed realignment.
(e) Realignment Defined.--In this section, the term
``realignment''--
(1) means a relocation or reorganization of functions,
services, or personnel positions, including a facility closure,
consolidation, deconsolidation, collocation, decombining,
decoupling, split, or inter-facility or inter-regional
reorganization that requires a reassignment of employees; but
(2) does not include a reduction in personnel resulting
from workload adjustments.
SEC. 309. NEXT GENERATION AIR TRANSPORTATION SYSTEM IMPLEMENTATION
OFFICE.
(a) Improved Cooperation and Coordination among Participating
Agencies.--Section 709 of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 40101 note) is amended--
(1) by inserting ``strategic and cross-agency'' after
``manage'' in subsection (a)(1);
(2) by adding at the end of subsection (a)(1) ``The office
shall be headed by a Director, who shall report to the Chief
NextGen Officer appointed or designated under section 302(a) of
the FAA Air Transportation Modernization and Safety Improvement
Act.'';
(3) by inserting ``(A)'' after ``(3)'' in subsection
(a)(3);
(4) by inserting after subsection (a)(3) the following:
``(B) The Administrator, the Secretary of Defense,
the Administrator of the National Aeronautics and Space
Administration, the Secretary of Commerce, the
Secretary of Homeland Security, and the head of any
other Department or Federal agency from which the
Secretary of Transportation requests assistance under
subparagraph (A) shall designate an implementation
office to be responsible for--
``(i) carrying out the Department or
agency's Next Generation Air Transportation
System implementation activities with the
Office;
``(ii) liaison and coordination with other
Departments and agencies involved in Next
Generation Air Transportation System
activities; and
``(iii) managing all Next Generation Air
Transportation System programs for the
Department or agency, including necessary
budgetary and staff resources, including, for
the Federal Aviation Administration, those
projects described in section 44501(b)(5) of
title 49, United States Code).
``(C) The head of any such Department or agency
shall ensure that--
``(i) the Department's or agency's Next
Generation Air Transportation System
responsibilities are clearly communicated to
the designated office; and
``(ii) the performance of supervisory
personnel in that office in carrying out the
Department's or agency's Next Generation Air
Transportation System responsibilities is
reflected in their annual performance
evaluations and compensation decisions.
``(D)(i) Within 6 months after the date of
enactment of the FAA Air Transportation Modernization
and Safety Improvement Act, the head of each such
Department or agency shall execute a memorandum of
understanding with the Office and with the other
Departments and agencies participating in the Next
Generation Air Transportation System project that--
``(I) describes the respective
responsibilities of each such Department and
agency, including budgetary commitments; and
``(II) the budgetary and staff resources
committed to the project.
``(ii) The memorandum shall be revised as necessary
to reflect any changes in such responsibilities or
commitments and be reflected in each Department or
agency's budget request.'';
(5) by striking ``beyond those currently included in the
Federal Aviation Administration's operational evolution plan''
in subsection (b);
(6) by striking ``research and development roadmap'' in
subsection (b)(3) and inserting ``implementation plan'';
(7) by striking ``and'' after the semicolon in subsection
(b)(3)(B);
(8) by inserting after subsection (b)(3)(C) the following:
``(D) a schedule of rulemakings required to issue
regulations and guidelines for implementation of the
Next Generation Air Transportation System within a
timeframe consistent with the integrated plan; and'';
(9) by inserting ``and key technologies'' after
``concepts'' in subsection (b)(4);
(10) by striking ``users'' in subsection (b)(4) and
inserting ``users, an implementation plan,'';
(11) by adding at the end of subsection (b) the following:
``Within 6 months after the date of enactment of the FAA Air
Transportation Modernization and Safety Improvement Act, the
Administrator shall develop the implementation plan described in
paragraph (3) of this subsection and shall update it annually
thereafter.''; and
(12) by striking ``2010.'' in subsection (e) and inserting
``2011.''.
(b) Senior Policy Committee Meetings.--Section 710(a) of such Act
(49 U.S.C. 40101 note) is amended by striking ``Secretary.'' and
inserting ``Secretary and shall meet at least once each quarter.''.
SEC. 310. DEFINITION OF AIR NAVIGATION FACILITY.
Section 40102(a)(4) is amended--
(1) by striking subparagraph (B) and inserting the
following:
``(B) runway lighting and airport surface visual
and other navigation aids;'';
(2) by striking ``weather information, signaling, radio-
directional finding, or radio or other electromagnetic
communication; and'' in subparagraph (C) and inserting
``aeronautical and meteorological information to air traffic
control facilities or aircraft, supplying communication,
navigation or surveillance equipment for air-to-ground or air-
to-air applications;'';
(3) by striking ``another structure'' in subparagraph (D)
and inserting ``any structure, equipment,'';
(4) by striking ``aircraft.'' in subparagraph (D) and
inserting ``aircraft; and''; and
(5) by adding at the end the following:
``(E) buildings, equipment, and systems dedicated
to the National Airspace System.''.
SEC. 311. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.
Section 40110(a)(2) is amended by striking ``compensation; and''
and inserting ``compensation, and the amount received may be credited
to the appropriation current when the amount is received; and''.
SEC. 312. EDUCATIONAL REQUIREMENTS.
The Administrator shall make payments to the Department of Defense
for the education of dependent children of those Administration
employees in Puerto Rico and Guam as they are subject to transfer by
policy and practice and meet the eligibility requirements of section
2164(c) of title 10, United States Code.
SEC. 313. FAA PERSONNEL MANAGEMENT SYSTEM.
Section 40122(a)(2) is amended to read as follows:
``(2) Dispute resolution.--
``(A) Mediation.--If the Administrator does not
reach an agreement under paragraph (1) or subsection
(g)(2)(C) with the exclusive bargaining
representatives, the services of the Federal Mediation
and Conciliation Service shall be used to attempt to
reach such agreement in accordance with part 1425 of
title 29, Code of Federal Regulations. The
Administrator and bargaining representatives may by
mutual agreement adopt procedures for the resolution of
disputes or impasses arising in the negotiation of a
collective-bargaining agreement.
``(B) Binding arbitration.--If the services of the
Federal Mediation and Conciliation Service under
subparagraph (A) do not lead to an agreement, the
Administrator and the bargaining representatives shall
submit their issues in controversy to the Federal
Service Impasses Panel in accordance with section 7119
of title 5. The Panel shall assist the parties in
resolving the impasse by asserting jurisdiction and
ordering binding arbitration by a private arbitration
board consisting of 3 members in accordance with
section 2471.6(a)(2)(ii) of title 5, Code of Federal
Regulations. The executive director of the Panel shall
request a list of not less than 15 names of arbitrators
with Federal sector experience from the director of the
Federal Mediation and Conciliation Service to be
provided to the Administrator and the bargaining
representatives. Within 10 days after receiving the
list, the parties shall each select 1 person. The 2
arbitrators shall then select a third person from the
list within 7 days. If the 2 arbitrators are unable to
agree on the third person, the parties shall select the
third person by alternately striking names from the
list until only 1 name remains. If the parties do not
agree on the framing of the issues to be submitted, the
arbitration board shall frame the issues. The
arbitration board shall give the parties a full and
fair hearing, including an opportunity to present
evidence in support of their claims, and an opportunity
to present their case in person, by counsel, or by
other representative as they may elect. Decisions of
the arbitration board shall be conclusive and binding
upon the parties. The arbitration board shall render
its decision within 90 days after its appointment. The
Administrator and the bargaining representative shall
share costs of the arbitration equally. The arbitration
board shall take into consideration the effect of its
arbitration decisions on the Federal Aviation
Administration's ability to attract and retain a
qualified workforce and the Federal Aviation
Administration's budget.
``(C) Effect.--Upon reaching a voluntary agreement
or at the conclusion of the binding arbitration under
subparagraph (B) above, the final agreement, except for
those matters decided by the arbitration board, shall
be subject to ratification by the exclusive
representative, if so requested by the exclusive
representative, and approval by the head of the agency
in accordance with subsection (g)(2)(C).
``(D) Enforcement.--Enforcement of the provisions
of this paragraph shall be in the United States
District Court for the District of Columbia.''.
SEC. 314. ACCELERATION OF NEXTGEN TECHNOLOGIES.
(a) OEP Airport Procedures.--
(1) In general.--Within 6 months after the date of
enactment of this Act, the Administrator shall publish a
report, after consultation with representatives of appropriate
Administration employee groups, airport operators, air
carriers, general aviation representatives, and aircraft
manufacturers that includes the following:
(A) RNP/RNAV operations.--The required navigation
performance and area navigation operations, including
the procedures to be developed, certified, and
published and the air traffic control operational
changes, to maximize the efficiency and capacity of
NextGen commercial operations at the 35 Operational
Evolution Partnership airports identified by the
Administration.
(B) Coordination and implementation activities.--A
description of the activities and operational changes
and approvals required to coordinate and utilize those
procedures at those airports.
(C) Implementation plan.--A plan for implementing
those procedures that establishes--
(i) clearly defined budget, schedule,
project organization, and leadership
requirements;
(ii) specific implementation and transition
steps; and
(iii) baseline and performance metrics for
measuring the Administration's progress in
implementing the plan, including the percentage
utilization of required navigation performance
in the National Airspace System.
(D) Cost/benefit analysis for third-party usage.--
An assessment of the costs and benefits of using third
parties to assist in the development of the procedures.
(E) Additional procedures.--A process for the
identification, certification, and publication of
additional required navigation performance and area
navigation procedures that may be required at such
airports in the future.
(2) Implementation schedule.--The Administrator shall
certify, publish, and implement--
(A) 30 percent of the required procedures within 18
months after the date of enactment of this Act;
(B) 60 percent of the procedures within 36 months
after the date of enactment of this Act; and
(C) 100 percent of the procedures before January 1,
2014.
(b) Expansion of Plan to Other Airports.--
(1) In general.--No later than January 1, 2014, the
Administrator shall publish a report, after consultation with
representatives of appropriate Administration employee groups,
airport operators, and air carriers, that includes a plan for
applying the procedures, requirements, criteria, and metrics
described in subsection (a)(1) to other airports across the
Nation.
(2) Implementation schedule.--The Administrator shall
certify, publish, and implement--
(A) 25 percent of the required procedures at such
other airports before January 1, 2015;
(B) 50 percent of the procedures at such other
airports before January 1, 2016;
(C) 75 percent of the procedures at such other
airports before January 1, 2017; and
(D) 100 percent of the procedures before January 1,
2018.
(c) Establishment of Priorities.--The Administrator shall extend
the charter of the Performance Based Navigation Aviation Rulemaking
Committee as necessary to authorize and request it to establish
priorities for the development, certification, publication, and
implementation of the navigation performance and area navigation
procedures based on their potential safety and congestion benefits.
(d) Coordinated and Expedited Review.--Navigation performance and
area navigation procedures developed, certified, published, and
implemented under this section shall be presumed to be covered by a
categorical exclusion (as defined in section 1508.4 of title 40, Code
of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the
Administrator determines that extraordinary circumstances exist with
respect to the procedure.
(e) Deployment Plan for Nationwide Data Communications System.--
Within 1 year after the date of enactment of this Act, the
Administrator shall submit a plan for implementation of a nationwide
communications system to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure. The plan shall include--
(1) clearly defined budget, schedule, project organization,
and leadership requirements;
(2) specific implementation and transition steps; and
(3) baseline and performance metrics for measuring the
Administration's progress in implementing the plan.
(f) Improved Performance Standards.--Within 90 days after the date
of enactment of this Act, the Administrator shall submit a report to
the Senate committee on commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
that--
(1) evaluates whether utilization of ADS-B, RNP, and other
technologies as part of the NextGen Air Transportation System
implementation plan will display the position of aircraft more
accurately and frequently so as to enable a more efficient use
of existing airspace and result in reduced consumption of
aviation fuel and aircraft engine emissions;
(2) evaluates the feasibility of reducing aircraft
separation standards in a safe manner as a result of
implementation of such technologies; and
(3) if the Administrator determines that such standards can
be reduced safely, includes a timetable for implementation of
such reduced standards.
SEC. 315. ADS-B DEVELOPMENT AND IMPLEMENTATION.
(a) In General.--
(1) Report required.--Within 90 days after the date of
enactment of this Act, the Administrator shall submit a report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure detailing the
Administration's program and schedule for integrating ADS-B
technology into the National Airspace System. The report shall
include--
(A) a clearly defined budget, schedule, project
organization, leadership, and the specific
implementation or transition steps required to achieve
these ADS-B ground station installation goals;
(B) a transition plan for ADS-B that includes date-
specific milestones for the implementation of new
capabilities into the National Airspace System;
(C) identification of any potential operational or
workforce changes resulting from deployment of ADS-B;
(D) detailed plans and schedules for implementation
of advanced operational procedures and ADS-B air-to-air
applications; and
(E) baseline and performance metrics in order to
measure the agency's progress.
(2) IDENTIFICATION and measurement of benefits.--In the
report required by paragraph (1), the Administrator shall
identify actual benefits that will accrue to National Airspace
System users, small and medium-sized airports, and general
aviation users from deployment of ADS-B and provide an
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.
(d) Conditional Extension of Deadlines for Equipping Aircraft With
ADS-B Technology.--
(1) ADS-B out.--In the case that the Administrator fails to
complete the initial rulemaking described in subparagraph (A)
of subsection (b)(1) on or before the date that is 45 days
after the date of the enactment of this Act, the deadline
described in clause (ii) of such subparagraph shall be extended
by an amount of time that is equal to the amount of time of the
period beginning on the date that is 45 days after the date of
the enactment of this Act and ending on the date on which the
Administrator completes such initial rulemaking.
(2) ADS-B in.--In the case that the Administrator fails to
initiate the rulemaking required by paragraph (2) of subsection
(b) on or before the date that is 45 days after the date of the
enactment of this Act, the deadline described in subparagraph
(B) of such paragraph shall be extended by an amount of time
that is equal to the amount of time of the period beginning on
the date that is 45 days after the date of the enactment of
this Act and ending on the date on which the Administrator
initiates such rulemaking.
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. REPORT ON FUNDING FOR NEXTGEN TECHNOLOGY.
Not later than 120 days after the date of the enactment of this
Act, the Administrator of the Federal Aviation Administration shall
submit to Congress a report that contains--
(1) a financing proposal that--
(A) uses innovative methods to fully fund the
development and implementation of technology for the
Next Generation Air Transportation System in a manner
that does not increase the Federal deficit; and
(B) takes into consideration opportunities for
involvement by public-private partnerships; and
(C) recommends creative financing proposals other
than user fees or higher taxes; and
(2) recommendations with respect to how the Administrator
and Congress can provide operational benefits, such as benefits
relating to preferred airspace, routings, or runway access, for
all aircraft, including air carriers and general aviation, that
equip their aircraft with technology necessary for the
operation of the Next Generation Air Transportation System
before the date by which the Administrator requires the use of
such technology.
SEC. 320. 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. 321. 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. 322. 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. 323. 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. 324. 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. 325. 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. 326. SEMIANNUAL REPORT ON STATUS OF GREENER SKIES PROJECT.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to Congress a
report on the strategy of the Administrator for implementing, on an
accelerated basis, the NextGen operational capabilities produced by the
Greener Skies project, as recommended in the final report of the RTCA
NextGen Mid-Term Implementation Task Force that was issued on September
9, 2009.
(b) Subsequent Reports.--
(1) In general.--Not later than 180 days after the
Administrator submits to Congress the report required by
subsection (a) and not less frequently than once every 180 days
thereafter until September 30, 2011, the Administrator shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the progress of the Administrator
in carrying out the strategy described in the report submitted
under subsection (a).
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) A timeline for full implementation of the
strategy described in the report submitted under
subsection (a).
(B) A description of the progress made in carrying
out such strategy.
(C) A description of the challenges, if any,
encountered by the Administrator in carrying out such
strategy.
SEC. 327. 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.
SEC. 328. FINANCIAL INCENTIVES FOR NEXTGEN EQUIPAGE.
(a) In General.--The Administrator of the Federal Aviation
Administration may enter into agreements to fund the costs of equipping
aircraft with communications, surveillance, navigation, and other
avionics to enable NextGen air traffic control capabilities.
(b) Funding Instrument.--The Administrator may make grants or other
instruments authorized under section 106(l)(6) of title 49, United
States Code, to carry out subsection (a).
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.
SEC. 406. DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR TICKETS SOLD
FOR AIR TRANSPORTATION.
Section 41712 is amended by adding at the end the following:
``(c) Disclosure Requirement for Sellers of Tickets for Flights.--
``(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for any ticket agent, air
carrier, foreign air carrier, or other person offering to sell
tickets for air transportation on a flight of an air carrier to
not disclose, whether verbally in oral communication or in
writing in written or electronic communication, prior to the
purchase of a ticket--
``(A) the name (including any business or corporate
name) of the air carrier providing the air
transportation; and
``(B) if the flight has more than one flight
segment, the name of each air carrier providing the air
transportation for each such flight segment.
``(2) Internet offers.--In the case of an offer to sell
tickets described in paragraph (1) on an Internet Web site,
disclosure of the information required by paragraph (1) shall
be provided on the first display of the Web site following a
search of a requested itinerary in a format that is easily
visible to a viewer.''.
SEC. 407. NOTIFICATION REQUIREMENTS WITH RESPECT TO THE SALE OF AIRLINE
TICKETS.
(a) In General.--The Office of Aviation Consumer Protection and
Enforcement of the Department of Transportation shall establish rules
to ensure that all consumers are able to easily and fairly compare
airfares and charges paid when purchasing tickets for air
transportation, including all taxes and fees.
(b) Notice of Taxes and Fees Applicable to Tickets for Air
Transportation.--Section 41712, as amended by this Act, is further
amended by adding at the end the following:
``(d) Notice of Taxes and Fees Applicable to Tickets for Air
Transportation.--
``(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for an air carrier, foreign air
carrier, or ticket agent to sell a ticket for air
transportation on the Internet unless the air carrier, foreign
air carrier, or ticket agent, as the case may be--
``(A) displays information with respect to the
taxes and fees described in paragraph (2), including
the amount and a description of each such tax or fee,
in reasonable proximity to the price listed for the
ticket; and
``(B) provides to the purchaser of the ticket
information with respect to the taxes and fees
described in paragraph (2), including the amount and a
description of each such tax or fee, before requiring
the purchaser to provide any personal information,
including the name, address, phone number, e-mail
address, or credit card information of the purchaser.
``(2) Taxes and fees described.--The taxes and fees
described in this paragraph are all taxes, fees, and charges
applicable to a ticket for air transportation, consisting of--
``(A) all taxes, fees, charges, and surcharges
included in the price paid by a purchaser for the
ticket, including fuel surcharges and surcharges
relating to peak or holiday travel; and
``(B) any fees for baggage, seating assignments;
and
``(C) operational services that are charged when
the ticket is purchased.''.
(c) Regulations.--The Secretary of Transportation, in consultation
with the Administrator of the Federal Aviation Administration, shall
prescribe such regulations as may be necessary to carry out subsection
(d) of section 41712 of title 49, United States Code, as added by
subsection (b) of this section.
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. 41731 note) is amended by striking
``September 30, 2010.'' and inserting ``September 30, 2013.''.
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 to read as follows:
``Sec. 41745. Conversion of lost eligibility airports
``(a) 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.
``(b) Grants.--A grant under this section--
``(1) may not exceed twice the compensation paid to provide
essential air service to the airport in the fiscal year
preceeding the fiscal year in which the Secretary determines
that the place served by the airport is no longer an eligible
place; and
``(2) may be used--
``(A) for airport development (as defined in
section 47102(3)) that will enhance general aviation
capacity at the airport;
``(B) to defray operating expenses, if such use is
approved by the Secretary; or
``(C) to develop innovative air service options,
such as on-demand or air taxi operations, if such use
is approved by the Secretary.
``(c) AIP Requirements.--An airport sponsor that uses funds
provided under this section 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 section.
``(d) Limitation.--The sponsor of an airport receiving funding
under this section is not eligible for funding under section 41736.''.
(b) Clerical Amendment.--The table of sections for chapter 417 is
amended by striking the item relating to section 41745 and inserting
the following:
``417454. Conversion of lost eligibility airports.''.
SEC. 415. EAS REFORM.
Section 41742(a) is amended--
(1) by adding at the end of paragraph (1) ``Any amount in
excess of $50,000,000 credited for any fiscal year to the
account established under section 45303(c) shall be obligated
for programs under section 406 of the Vision 100--Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note) and section
41745 of this title. Amounts appropriated pursuant to this
section shall remain available until expended.''; and
(2) by striking ``$77,000,000'' in paragraph (2) and
inserting ``$150,000,000''.
SEC. 416. SMALL COMMUNITY AIR SERVICE.
(a) Priorities.--Section 41743(c)(5) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(D);
(2) by striking ``fashion.'' in subparagraph (E) and
inserting ``fashion; and''; and
(3) by adding at the end the following:
``(F) multiple communities cooperate to submit a
region or multistate application to improve air
service.''.
(b) Extension of Authorization.--Section 41743(e)(2) is amended--
(1) by striking ``is appropriated'' and inserting ``are
appropriated''; and
(2) by striking ``2009'' and inserting ``2011''.
SEC. 417. EAS MARKETING.
The Secretary of Transportation shall require all applications to
provide service 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.''.
SEC. 419. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM.
(a) In General.--Subchapter II of chapter 417 of title 49, United
States Code, is amended by striking section 41747, and such title 49
shall be applied as if such section 41747 had not been enacted.
(b) Clerical Amendment.--The table of sections for chapter 417 of
title 49, United States Code, is amended by striking the item relating
to section 41747.
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.
SEC. 434. AUTHORIZATION OF USE OF CERTAIN LANDS IN THE LAS VEGAS
MCCARRAN INTERNATIONAL AIRPORT ENVIRONS OVERLAY DISTRICT
FOR TRANSIENT LODGING AND ASSOCIATED FACILITIES.
(a) In General.--Notwithstanding any other provision of law and
except as provided in subsection (b), Clark County, Nevada, is
authorized to permit transient lodging, including hotels, and
associated facilities, including enclosed auditoriums, concert halls,
sports arenas, and places of public assembly, on lands in the Las Vegas
McCarran International Airport Environs Overlay District that fall
below the forecasted 2017 65 dB day-night annual average noise level
(DNL), as identified in the Noise Exposure Map Notice published by the
Federal Aviation Administration in the Federal Register on July 24,
2007 (72 Fed. Reg. 40357), and adopted into the Clark County
Development Code in June 2008.
(b) Limitation.--No structure may be permitted under subsection (a)
that would constitute a hazard to air navigation, result in an increase
to minimum flight altitudes, or otherwise pose a significant adverse
impact on airport or aircraft operations.
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. PILOT FATIGUE.
(a) Flight and Duty Time Regulations.--
(1) In general.--In accordance with paragraph (2), the
Administrator of the Federal Aviation Administration shall
issue regulations, based on the best available scientific
information--
(A) to specify limitations on the hours of flight
and duty time allowed for pilots to address problems
relating to pilot fatigue; and
(B) to require part 121 air carriers to develop and
implement fatigue risk management plans.
(2) Deadlines.--The Administrator shall issue--
(A) not later than 180 days after the date of
enactment of this Act, a notice of proposed rulemaking
under paragraph (1); and
(B) not later than one year after the date of
enactment of this Act, a final rule under paragraph
(1).
(b) Fatigue Risk Management Plan.--
(1) Submission of fatigue risk management plan by part 121
air carriers.--Not later than 90 days after the date of
enactment of this Act, each part 121 air carrier shall submit
to the Administrator for review and approval a fatigue risk
management plan.
(2) Contents of plan.--A fatigue risk management plan
submitted by a part 121 air carrier under paragraph (1) shall
include the following:
(A) Current flight time and duty period
limitations.
(B) A rest scheme that enables the management of
fatigue, including annual training to increase
awareness of--
(i) fatigue;
(ii) the effects of fatigue on pilots; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that
continually assesses the effectiveness of the program,
including the ability of the program--
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) Plan updates.--A part 121 air carrier shall update its
fatigue risk management plan under paragraph (1) every 2 years
and submit the update to the Administrator for review and
approval.
(4) Approval.--
(A) Initial approval or modification.--Not later
than 9 months after the date of enactment of this Act,
the Administrator shall review and approve or require
modification to fatigue risk management plans submitted
under this subsection to ensure that pilots are not
operating aircraft while fatigued.
(B) Update approval or modification.--Not later
than 9 months after submission of a plan update under
paragraph (3), the Administrator shall review and
approve or require modification to such update.
(5) Civil penalties.--A violation of this subsection by a
part 121 air carrier shall be treated as a violation of chapter
447 of title 49, United States Code, for purposes of the
application of civil penalties under chapter 463 of that title.
(6) Limitation on applicability.--The requirements of this
subsection shall cease to apply to a part 121 air carrier on
and after the effective date of the regulations to be issued
under subsection (a).
(c) Effect of Commuting on Fatigue.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall enter into
appropriate arrangements with the National Academy of Sciences
to conduct a study of the effects of commuting on pilot fatigue
and report its findings to the Administrator.
(2) Study.--In conducting the study, the National Academy
of Sciences shall consider--
(A) the prevalence of pilot commuting in the
commercial air carrier industry, including the number
and percentage of pilots who commute;
(B) information relating to commuting by pilots,
including distances traveled, time zones crossed, time
spent, and methods used;
(C) research on the impact of commuting on pilot
fatigue, sleep, and circadian rhythms;
(D) commuting policies of commercial air carriers
(including passenger and all-cargo air carriers),
including pilot check-in requirements and sick leave
and fatigue policies;
(E) post-conference materials from the Federal
Aviation Administration's June 2008 symposium entitled
``Aviation Fatigue Management Symposium: Partnerships
for Solutions'';
(F) Federal Aviation Administration and
international policies and guidance regarding
commuting; and
(G) any other matters as the Administrator
considers appropriate.
(3) Preliminary findings.--Not later than 90 days after the
date of entering into arrangements under paragraph (1), the
National Academy of Sciences shall submit to the Administrator
its preliminary findings under the study.
(4) Report.--Not later than 6 months after the date of
entering into arrangements under paragraph (1), the National
Academy of Sciences shall submit a report to the Administrator
containing its findings under the study and any recommendations
for regulatory or administrative actions by the Federal
Aviation Administration concerning commuting by pilots.
(5) Rulemaking.--Following receipt of the report of the
National Academy of Sciences under paragraph (4), the
Administrator shall--
(A) consider the findings and recommendations in
the report; and
(B) update, as appropriate based on scientific
data, regulations required by subsection (a) on flight
and duty time.
SEC. 507. INCREASING SAFETY FOR HELICOPTER AND FIXED WING EMERGENCY
MEDICAL SERVICE OPERATORS AND PATIENTS.
(a) Compliance Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of enactment of this Act,
helicopter and fixed wing aircraft certificate holders
providing emergency medical services shall comply with part 135
of title 14, Code of Federal Regulations, if there is a medical
crew on board, without regard to whether there are patients on
board.
(2) Exception.--If a certificate holder described in
paragraph (1) is operating under instrument flight rules or is
carrying out training therefor--
(A) the weather minimums and duty and rest time
regulations under such part 135 of such title shall
apply; and
(B) the weather reporting requirement at the
destination shall not apply until such time as the
Administrator of the Federal Aviation Administration
determines that portable, reliable, and accurate
ground-based weather measuring and reporting systems
are available.
(b) Implementation of Flight Risk Evaluation Program.--
(1) Initiation.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking--
(A) to create a standardized checklist of risk
evaluation factors based on Notice 8000.301, which was
issued by the Administration on August 1, 2005; and
(B) to require helicopter and fixed wing aircraft
emergency medical service operators to use the
checklist created under subparagraph (A) to determine
whether a mission should be accepted.
(2) Completion.--The rulemaking initiated under paragraph
(1) shall be completed not later than 18 months after it is
initiated.
(c) Comprehensive Consistent Flight Dispatch Procedures.--
(1) Initiation.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking--
(A) to require that helicopter and fixed wing
emergency medical service operators formalize and
implement performance based flight dispatch and flight-
following procedures; and
(B) to develop a method to assess and ensure that
such operators comply with the requirements described
in subparagraph (A).
(2) Completion.--The rulemaking initiated under paragraph
(1) shall be completed not later than 18 months after it is
initiated.
(d) Improving Situational Awareness.--Within 1 year after the date
of enactment of this Act, any helicopter or fixed-wing aircraft used
for emergency medical service shall have on board a device that
performs the function of a terrain awareness and warning system and a
means of displaying that information that meets the requirements of the
applicable Federal Aviation Administration Technical Standard Order or
other guidance prescribed by the Administrator.
(e) Improving the Data Available on Air Medical Operations.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall require each certificate holder for
helicopters and fixed-wing aircraft used for emergency medical
service operations to report not later than 1 year after the
date of enactment of this Act and annually thereafter on--
(A) the number of aircraft and helicopters used to
provide air ambulance services, the registration number
of each of these aircraft or helicopters, and the base
location of each of these aircraft or helicopters;
(B) the number of flights and hours flown by each
such aircraft or helicopter used by the certificate
holder to provide such services during the reporting
period;
(C) the number of flights and the purpose of each
flight for each aircraft or helicopter used by the
certificate holder to provide such services during the
reporting period;
(D) the number of flight requests for a helicopter
providing helicopter air ambulance services that were
accepted or declined by the certificate holder and the
type of each such flight request (such as scene
response, inter-facility transport, organ transport, or
ferry or repositioning flight);
(E) the number of accidents involving helicopters
operated by the certificate holder 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.
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 or a person authorized under
section 43.17 of title 14, Code of Federal Regulations;
(3) a person that provides contract maintenance workers or
services to a part 145 repair station or part 121 air carrier,
and the individual--
(A) meets the requirements of the part 121 air
carrier or the part 145 repair station;
(B) performs the work under the direct supervision
and control of the part 121 air carrier or the part 145
repair station directly in charge of the maintenance
services; and
(C) carries out the work in accordance with the
part 121 air carrier's maintenance manual;
(4) by the holder of a type certificate, production
certificate, or other production approval issued under part 21
of title 14, Code of Federal Regulations, and the holder of
such certificate or approval--
(A) originally produced, and continues to produce,
the article upon which the work is to be performed; and
(B) is acting in conjunction with a part 121 air
carrier or a part 145 repair station.
(d) Definitions.--In this section:
(1) Covered maintenance work.--The term ``covered
maintenance work'' means maintenance work that is essential
maintenance, regularly scheduled maintenance, or a required
inspection item, as determined by the Administrator.
(2) Part 121 air carrier.--The term ``part 121 air
carrier'' has the meaning given that term in section
44730(f)(1) of title 49, United States Code.
(3) Part 145 repair station.--The term ``part 145 repair
station'' has the meaning given that term in section
44730(f)(2) of title 49, United States Code.
SUBTITLE B--FLIGHT SAFETY
SEC. 551. FAA PILOT RECORDS DATABASE.
(a) Records of Employment of Pilot Applicants.--Section 44703(h) is
amended by adding at the end the following:
``(16) Applicability.--This subsection shall cease to be
effective on the date specified in regulations issued under
subsection (i).''.
(b) Establishment of FAA Pilot Records Database.--Section 44703 is
amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following:
``(i) FAA Pilot Records Database.--
``(1) In general.--Before allowing an individual to begin
service as a pilot, an air carrier shall access and evaluate,
in accordance with the requirements of this subsection,
information pertaining to the individual from the pilot records
database established under paragraph (2).
``(2) Pilot records database.--The Administrator shall
establish an electronic database (in this subsection referred
to as the `database') containing the following records:
``(A) FAA records.--From the Administrator--
``(i) records that are maintained by the
Administrator concerning current airman
certificates, including airman medical
certificates and associated type ratings and
information on any limitations to those
certificates and ratings;
``(ii) records that are maintained by the
Administrator concerning any failed attempt of
an individual to pass a practical test required
to obtain a certificate or type rating under
part 61 of title 14, Code of Federal
Regulations; and
``(iii) summaries of legal enforcement
actions resulting in a finding by the
Administrator of a violation of this title or a
regulation prescribed or order issued under
this title that was not subsequently
overturned.
``(B) Air carrier and other records.--From any air
carrier or other person (except a branch of the Armed
Forces, the National Guard, or a reserve component of
the Armed Forces) that has employed an individual as a
pilot of a civil or public aircraft, or from the
trustee in bankruptcy for such air carrier or person--
``(i) records pertaining to the individual
that are maintained by the air carrier (other
than records relating to flight time, duty
time, or rest time), including records under
regulations set forth in--
``(I) section 121.683 of title 14,
Code of Federal Regulations;
``(II) paragraph (A) of section VI,
appendix I, part 121 of such title;
``(III) paragraph (A) of section
IV, appendix J, part 121 of such title;
``(IV) section 125.401 of such
title; and
``(V) section 135.63(a)(4) of such
title; and
``(ii) other records pertaining to the
individual's performance as a pilot that are
maintained by the air carrier or person
concerning--
``(I) the training, qualifications,
proficiency, or professional competence
of the individual, including comments
and evaluations made by a check airman
designated in accordance with section
121.411, 125.295, or 135.337 of such
title;
``(II) any disciplinary action
taken with respect to the individual
that was not subsequently overturned;
and
``(III) any release from employment
or resignation, termination, or
disqualification with respect to
employment.
``(C) National driver register records.--In
accordance with section 30305(b)(8) of this title, from
the chief driver licensing official of a State,
information concerning the motor vehicle driving record
of the individual.
``(3) Written consent; release from liability.--An air
carrier--
``(A) shall obtain the written consent of an
individual before accessing records pertaining to the
individual under paragraph (1); and
``(B) may, notwithstanding any other provision of
law or agreement to the contrary, require an individual
with respect to whom the carrier is accessing records
under paragraph (1) to execute a release from liability
for any claim arising from accessing the records or the
use of such records by the air carrier in accordance
with this section (other than a claim arising from
furnishing information known to be false and maintained
in violation of a criminal statute).
``(4) Reporting.--
``(A) Reporting by administrator.--The
Administrator shall enter data described in paragraph
(2)(A) into the database promptly to ensure that an
individual's records are current.
``(B) Reporting by air carriers and other
persons.--
``(i) In general.--Air carriers and other
persons shall report data described in
paragraphs (2)(B) and (2)(C) to the
Administrator promptly for entry into the
database.
``(ii) Data to be reported.--Air carriers
and other persons shall report, at a minimum,
under clause (i) the following data described
in paragraph (2)(B):
``(I) Records that are generated by
the air carrier or other person after
the date of enactment of the FAA Air
Transportation Modernization and Safety
Improvement Act.
``(II) Records that the air carrier
or other person is maintaining, on such
date of enactment, pursuant to
subsection (h)(4).
``(5) Requirement to maintain records.--The Administrator--
``(A) shall maintain all records entered into the
database under paragraph (2) pertaining to an
individual until the date of receipt of notification
that the individual is deceased; and
``(B) may remove the individual's records from the
database after that date.
``(6) Receipt of consent.--The Administrator shall not
permit an air carrier to access records pertaining to an
individual from the database under paragraph (1) without the
air carrier first demonstrating to the satisfaction of the
Administrator that the air carrier has obtained the written
consent of the individual.
``(7) Right of pilot to review certain records and correct
inaccuracies.--Notwithstanding any other provision of law or
agreement, the Administrator, upon receipt of written request
from an individual--
``(A) shall make available, not later than 30 days
after the date of the request, to the individual for
review all records referred to in paragraph (2)
pertaining to the individual; and
``(B) shall provide the individual with a
reasonable opportunity to submit written comments to
correct any inaccuracies contained in the records.
``(8) Reasonable charges for processing requests and
furnishing copies.--The Administrator may establish a
reasonable charge for the cost of processing a request under
paragraph (1) or (7) and for the cost of furnishing copies of
requested records under paragraph (7).
``(9) Privacy protections.--
``(A) Use of records.--An air carrier that accesses
records pertaining to an individual under paragraph (1)
may use the records only to assess the qualifications
of the individual in deciding whether or not to hire
the individual as a pilot. The air carrier shall take
such actions as may be necessary to protect the privacy
of the individual and the confidentiality of the
records accessed, including ensuring that information
contained in the records is not divulged to any
individual that is not directly involved in the hiring
decision.
``(B) Disclosure of information.--
``(i) In general.--Except as provided by
clause (ii), information collected by the
Administrator under paragraph (2) shall be
exempt from the disclosure requirements of
section 552 of title 5.
``(ii) Exceptions.--Clause (i) shall not
apply to--
``(I) de-identified, summarized
information to explain the need for
changes in policies and regulations;
``(II) information to correct a
condition that compromises safety;
``(III) information to carry out a
criminal investigation or prosecution;
``(IV) information to comply with
section 44905, regarding information
about threats to civil aviation; and
``(V) such information as the
Administrator determines necessary, if
withholding the information would not
be consistent with the safety
responsibilities of the Federal
Aviation Administration.
``(10) Periodic review.--Not later than 18 months after the
date of enactment of the FAA Air Transportation Modernization
and Safety Improvement Act, and at least once every 3 years
thereafter, the Administrator shall transmit to Congress a
statement that contains, taking into account recent
developments in the aviation industry--
``(A) recommendations by the Administrator
concerning proposed changes to Federal Aviation
Administration records, air carrier records, and other
records required to be included in the database under
paragraph (2); or
``(B) reasons why the Administrator does not
recommend any proposed changes to the records referred
to in subparagraph (A).
``(11) Regulations for protection and security of
records.--The Administrator shall prescribe such regulations as
may be necessary--
``(A) to protect and secure--
``(i) the personal privacy of any
individual whose records are accessed under
paragraph (1); and
``(ii) the confidentiality of those
records; and
``(B) to preclude the further dissemination of
records received under paragraph (1) by the person who
accessed the records.
``(12) Good faith exception.--Notwithstanding paragraph
(1), an air carrier may allow an individual to begin service as
a pilot, without first obtaining information described in
paragraph (2)(B) from the database pertaining to the
individual, if--
``(A) the air carrier has made a documented good
faith attempt to access the information from the
database; and
``(B) has received written notice from the
Administrator that the information is not contained in
the database because the individual was employed by an
air carrier or other person that no longer exists or by
a foreign government or other entity that has not
provided the information to the database.
``(13) Limitations on electronic access to records.--
``(A) Access by individuals designated by air
carriers.--For the purpose of increasing timely and
efficient access to records described in paragraph (2),
the Administrator may allow, under terms established by
the Administrator, an individual designated by an air
carrier to have electronic access to the database.
``(B) Terms.--The terms established by the
Administrator under subparagraph (A) for allowing a
designated individual to have electronic access to the
database shall limit such access to instances in which
information in the database is required by the
designated individual in making a hiring decision
concerning a pilot applicant and shall require that the
designated individual provide assurances satisfactory
to the Administrator that--
``(i) the designated individual has
received the written consent of the pilot
applicant to access the information; and
``(ii) information obtained using such
access will not be used for any purpose other
than making the hiring decision.
``(14) Regulations.--
``(A) In general.--The Administrator shall issue
regulations to carry out this subsection.
``(B) Effective date.--The regulations shall
specify the date on which the requirements of this
subsection take effect and the date on which the
requirements of subsection (h) cease to be effective.
``(C) Exceptions.--Notwithstanding subparagraph
(B)--
``(i) the Administrator shall begin to
establish the database under paragraph (2) not
later than 90 days after the date of enactment
of the FAA Air Transportation Modernization and
Safety Improvement Act;
``(ii) the Administrator shall maintain
records in accordance with paragraph (5)
beginning on the date of enactment of that Act;
and
``(iii) air carriers and other persons
shall maintain records to be reported to the
database under paragraph (4)(B) in the period
beginning on such date of enactment and ending
on the date that is 5 years after the
requirements of subsection (h) cease to be
effective pursuant to subparagraph (B).
``(15) Special rule.--During the one-year period beginning
on the date on which the requirements of this section become
effective pursuant to paragraph (15)(B), paragraph (7)(A) shall
be applied by substituting `45 days' for `30 days'.''.
(c) Conforming Amendments.--
(1) Limitation on liability; preemption of state law.--
Section 44703(j) (as redesignated by subsection (b)(1) of this
section) is amended--
(A) in the subsection heading by striking
``Limitation'' and inserting ``Limitations'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``paragraph (2)'' and inserting
``subsection (h)(2) or (i)(3)'';
(ii) in subparagraph (A) by inserting ``or
accessing the records of that individual under
subsection (i)(1)'' before the semicolon; and
(iii) in the matter following subparagraph
(D) by striking ``subsection (h)'' and
inserting ``subsection (h) or (i)'';
(C) in paragraph (2) by striking ``subsection (h)''
and inserting ``subsection (h) or (i)'';
(D) in paragraph (3), in the matter preceding
subparagraph (A), by inserting ``or who furnished
information to the database established under
subsection (i)(2)'' after ``subsection (h)(1)''; and
(E) by adding at the end the following:
``(4) Prohibition on actions and proceedings against air
carriers.--
``(A) Hiring decisions.--An air carrier may refuse
to hire an individual as a pilot if the individual did
not provide written consent for the air carrier to
receive records under subsection (h)(2)(A) or (i)(3)(A)
or did not execute the release from liability requested
under subsection (h)(2)(B) or (i)(3)(B).
``(B) Actions and proceedings.--No action or
proceeding may be brought against an air carrier by or
on behalf of an individual who has applied for or is
seeking a position as a pilot with the air carrier if
the air carrier refused to hire the individual after
the individual did not provide written consent for the
air carrier to receive records under subsection
(h)(2)(A) or (i)(3)(A) or did not execute a release
from liability requested under subsection (h)(2)(B) or
(i)(3)(B).''.
(2) Limitation on statutory construction.--Section 44703(k)
(as redesignated by subsection (b)(1) of this section) is
amended by striking ``subsection (h)'' and inserting
``subsection (h) or (i)''.
SEC. 552. AIR CARRIER SAFETY MANAGEMENT SYSTEMS.
(a) In General.--Within 60 days after the date of enactment of this
Act, the Administrator shall initiate and complete a rulemaking to
require part 121 air carriers--
(1) to implement, as part of their safety management
systems--
(A) an Aviation Safety Action Program;
(B) a Flight Operations Quality Assurance Program;
(C) a Line Operational Safety Audit Program; and
(D) a Flight Crew Fatigue Risk Management Program;
(2) to implement appropriate privacy protection safeguards
with respect to data included in such programs; and
(3) to provide appropriate collaboration and operational
oversight of regional/commuter air carriers by affiliated major
air carriers that include--
(A) periodic safety audits of flight operations;
(B) training, maintenance, and inspection programs;
and
(C) provisions for the exchange of safety
information.
(b) Effect on Advanced Qualification Program.--Implementation of
the programs under subsection (a)(1) neither limits nor invalidates the
Federal Aviation Administration's advanced qualification program.
(c) Limitations on Discipline and Enforcement.--The Administrator
shall require that each of the programs described in subsection
(a)(1)(A) and (B) establish protections for an air carrier or employee
submitting data or reports against disciplinary or enforcement actions
by any Federal agency or employer. The protections shall not be less
than the protections provided under Federal Aviation Administration
Advisory Circulars governing those programs, including Advisory
Circular AC No. 120-66 and AC No. 120-82.
(d) CVR Data.--The Administrator, acting in collaboration with
aviation industry interested parties, shall consider the merits and
feasibility of incorporating cockpit voice recorder data in safety
oversight practices.
(e) Enforcement Consistency.--Within 9 months after the date of
enactment of this Act, the Administrator shall--
(1) develop and implement a plan that will ensure that the
FAA's safety enforcement plan is consistently enforced; and
(2) ensure that the FAA's safety oversight program is
reviewed periodically and updated as necessary.
SEC. 553. SECRETARY OF TRANSPORTATION RESPONSES TO SAFETY
RECOMMENDATIONS.
(a) In General.--The first sentence of section 1135(a) is amended
by inserting ``to the National Transportation Safety Board'' after
``shall give''.
(b) Air Carrier Safety Recommendations.--Section 1135 is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Annual Report on Air Carrier Safety Recommendations.--
``(1) In general.--The Secretary shall submit an annual
report to the Congress and the Board on the recommendations
made by the Board to the Secretary regarding air carrier
operations conducted under part 121 of title 14, Code of
Federal Regulations.
``(2) Recommendations to be covered.--The report shall
cover--
``(A) any recommendation for which the Secretary
has developed, or intends to develop, procedures to
adopt the recommendation or part of the recommendation,
but has yet to complete the procedures; and
``(B) any recommendation for which the Secretary,
in the preceding year, has issued a response under
subsection (a)(2) or (a)(3) refusing to carry out all
or part of the procedures to adopt the recommendation.
``(3) Contents.--
``(A) Plans to adopt recommendations.--For each
recommendation of the Board described in paragraph
(2)(A), the report shall contain--
``(i) a description of the recommendation;
``(ii) a description of the procedures
planned for adopting the recommendation or part
of the recommendation;
``(iii) the proposed date for completing
the procedures; and
``(iv) if the Secretary has not met a
deadline contained in a proposed timeline
developed in connection with the recommendation
under subsection (b), an explanation for not
meeting the deadline.
``(B) Refusals to adopt recommendations.--For each
recommendation of the Board described in paragraph
(2)(B), the report shall contain--
``(i) a description of the recommendation;
and
``(ii) a description of the reasons for the
refusal to carry out all or part of the
procedures to adopt the recommendation.''.
SEC. 554. IMPROVED FLIGHT OPERATIONAL QUALITY ASSURANCE, AVIATION
SAFETY ACTION, AND LINE OPERATIONAL SAFETY AUDIT
PROGRAMS.
(a) Limitation on Disclosure and Use of Information.--
(1) In general.--Except as provided by this section, a
party in a judicial proceeding may not use discovery to
obtain--
(A) an Aviation Safety Action Program report;
(B) Flight Operational Quality Assurance Program
data; or
(C) a Line Operations Safety Audit Program report.
(2) FOIA not applicable.--Section 522 of title 5, United
States Code, shall not apply to reports or data described in
paragraph (1).
(3) Exceptions.--Nothing in paragraph (1) or (2) prohibits
the FAA from disclosing information contained in reports or
data described in paragraph (1) if withholding the information
would not be consistent with the FAA's safety responsibilities,
including--
(A) a summary of information, with identifying
information redacted, to explain the need for changes
in policies or regulations;
(B) information provided to correct a condition
that compromises safety, if that condition continues
uncorrected; or
(C) information provided to carry out a criminal
investigation or prosecution.
(b) Permissible Discovery for Such Reports and Data.--Except as
provided in subsection (c), a court may allow discovery by a party of
an Aviation Safety Action Program report, Flight Operational Quality
Assurance Program data, or a Line Operations Safety Audit Program
report if, after an in camera review of the information, the court
determines that a party to a claim or defense in the proceeding shows a
particularized need for the report or data that outweighs the need for
confidentiality of the report or data, considering the confidential
nature of the report or data, and upon a showing that the report or
data is both relevant to the preparation of a claim or defense and not
otherwise known or available.
(c) Protective Order.--When a court allows discovery, in a judicial
proceeding, of an Aviation Safety Action Program report, Flight
Operational Quality Assurance Program data, or a Line Operations Safety
Audit Program report, the court shall issue a protective order--
(1) to limit the use of the information contained in the
report or data to the judicial proceeding;
(2) to prohibit dissemination of the report or data to any
person that does not need access to the report for the
proceeding; and
(3) to limit the use of the report or data in the
proceeding to the uses permitted for privileged self-analysis
information as defined under the Federal Rules of Evidence.
(d) Sealed Information.--A court may allow an Aviation Safety
Action Program report, Flight Operational Quality Assurance Program
data, or a Line Operations Safety Audit Program report to be admitted
into evidence in a judicial proceeding only if the court places the
report or data under seal to prevent the use of the report or data for
purposes other than for the proceeding.
(e) Safety Recommendations.--This section does not prevent the
National Transportation Safety Board from referring at any time to
information contained in an Aviation Safety Action Program report,
Flight Operational Quality Assurance Program data, or a Line Operations
Safety Audit Program report in making safety recommendations.
(f) Waiver.--Any waiver of the privilege for self-analysis
information by a protected party, unless occasioned by the party's own
use of the information in presenting a claim or defense, must be in
writing.
SEC. 555. RE-EVALUATION OF FLIGHT CREW TRAINING, TESTING, AND
CERTIFICATION REQUIREMENTS.
(a) Training and Testing.--The Administrator shall develop and
implement a plan for reevaluation of flight crew training regulations
in effect on the date of enactment of this Act, including regulations
for--
(1) classroom instruction requirements governing curriculum
content and hours of instruction;
(2) crew leadership training; and
(3) initial and recurrent testing requirements for pilots,
including the rigor and consistency of testing programs such as
check rides.
(b) Best Practices.--The plan shall incorporate best practices in
the aviation industry with respect to training protocols, methods, and
procedures.
(c) Certification.--The Administrator shall initiate a rulemaking
to re-evaluate FAA regulations governing the minimum requirements--
(1) to become a commercial pilot;
(2) to receive an Air Transport Pilot Certificate to become
a captain; and
(3) to transition to a new type of aircraft.
(d) Remedial Training Programs.--
(1) In general.--The Administrator shall initiate a
rulemaking to require part 121 air carriers to establish
remedial training programs for flightcrew members who have
demonstrated performance deficiencies or experienced failures
in the training environment.
(2) Deadlines.--The Administrator shall--
(A) not later than 180 days after the date of
enactment of this Act, issue a notice of proposed
rulemaking under paragraph (1); and
(B) not later than 24 months after the date of
enactment of this Act, issue a final rule for the
rulemaking.
(e) Stick Pusher Training and Weather Event Training.--
(1) Multidisciplinary panel.--Not later than 120 days after
the date of enactment of this Act, the Administrator shall
convene a multidisciplinary panel of specialists in aircraft
operations, flightcrew member training, human factors, and
aviation safety to study and submit to the Administrator a
report on methods to increase the familiarity of flightcrew
members with, and improve the response of flightcrew members
to, stick pusher systems, icing conditions, and microburst and
windshear weather events.
(2) Report to congress.--Not later than one year after the
date on which the Administrator convenes the panel, the
Administrator shall--
(A) submit a report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation based on the findings of the panel;
and
(B) with respect to stick pusher systems, initiate
appropriate actions to implement the recommendations of
the panel.
SEC. 556. FLIGHTCREW MEMBER MENTORING, PROFESSIONAL DEVELOPMENT, AND
LEADERSHIP.
(a) Aviation Rulemaking Committee.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall conduct an aviation rulemaking committee
proceeding with stakeholders to develop procedures for each
part 121 air carrier to take the following actions:
(A) Establish flightcrew member mentoring programs
under which the air carrier will pair highly
experienced flightcrew members who will serve as mentor
pilots and be paired with newly employed flightcrew
members. Mentor pilots should be provided, at a
minimum, specific instruction on techniques for
instilling and reinforcing the highest standards of
technical performance, airmanship, and professionalism
in newly employed flightcrew members.
(B) Establish flightcrew member professional
development committees made up of air carrier
management and labor union or professional association
representatives to develop, administer, and oversee
formal mentoring programs of the carrier to assist
flightcrew members to reach their maximum potential as
safe, seasoned, and proficient flightcrew members.
(C) Establish or modify training programs to
accommodate substantially different levels and types of
flight experience by newly employed flightcrew members.
(D) Establish or modify training programs for
second-in-command flightcrew members attempting to
qualify as pilot-in-command flightcrew members for the
first time in a specific aircraft type and ensure that
such programs include leadership and command training.
(E) Ensure that recurrent training for pilots in
command includes leadership and command training.
(F) Such other actions as the aviation rulemaking
committee determines appropriate to enhance flightcrew
member professional development.
(2) Compliance with sterile cockpit rule.--Leadership and
command training described in paragraphs (1)(D) and (1)(E)
shall include instruction on compliance with flightcrew member
duties under part 121.542 of title 14, Code of Federal
Regulations.
(3) Streamlined program review.--
(A) In general.--As part of the rulemaking required
by subsection (a), the Administrator shall establish a
streamlined process for part 121 air carriers that have
in effect, as of the date of enactment of this Act, the
programs required by paragraph (1).
(B) Expedited approvals.--Under the streamlined
process, the Administrator shall--
(i) review the programs of such part 121
air carriers to determine whether the programs
meet the requirements set forth in the final
rule referred to in subsection (b)(2); and
(ii) expedite the approval of the programs
that the Administrator determines meet such
requirements.
(b) Deadlines.--The Administrator shall issue--
(1) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection (a);
and
(2) not later than 24 months after such date of enactment,
a final rule under subsection (a).
SEC. 557. FLIGHTCREW MEMBER SCREENING AND QUALIFICATIONS.
(a) Requirements.--The Administrator of the Federal Aviation
Administration shall conduct a rulemaking proceeding to require part
121 air carriers to develop and implement means and methods for
ensuring that flightcrew members have proper qualifications and
experience.
(b) Minimum Experience Requirement.--
(1) In general.--The final rule prescribed under subsection
(a) shall, among any other requirements established by the
rule, require that a pilot--
(A) have not less than 800 hours of flight time
before serving as a flightcrew member for a part 121
air carrier; and
(B) demonstrate the ability to--
(i) function effectively in a multipilot
environment;
(ii) function effectively in an air carrier
operational environment;
(iii) function effectively in adverse
weather conditions, including icing conditions
if the pilot is expected to be operating
aircraft in icing conditions;
(iv) function effectively during high
altitude operations; and
(v) adhere to the highest professional
standards.
(2) Hours of flight experience in difficult operational
conditions.--The total number of hours of flight experience
required by the Administrator under paragraph (1) for pilots
shall include a number of hours of flight experience in
difficult operational conditions that may be encountered by an
air carrier that the Administrator determines to be sufficient
to enable a pilot to operate an aircraft safely in such
conditions.
(c) Deadlines.--The Administrator shall issue--
(1) not later than 180 days after the date of enactment of
this Act, a notice of proposed rulemaking under subsection (a);
and
(2) not later than December 31, 2011, a final rule under
subsection (a).
(d) Default Requirements.--If the Administrator fails to meet the
deadline established by subsection (c))(2), then all flightcrew members
for part 121 air carriers shall meet the requirements established by
subpart G of part 61 of the Federal Aviation Administration's
regulations (14 C.F.R. 61.151 et seq.).
(e) Definitions.--In this section:
(1) Flightcrew member.--The term ``flightcrew member'' has
the meaning given that term in section 1.1 of the Federal
Aviation Administration's regulations (14 C.F.R. 1.1)).
(2) Part 121 air carrier.--The term ``part 121 air
carrier'' has the meaning given that term by section
41720(d)(1) of title 49, United States Code.
SEC. 558. PROHIBITION ON PERSONAL USE OF CERTAIN DEVICES ON FLIGHT
DECK.
(a) In General.--Chapter 447, as amended by section 521 of this
Act, is further amended by adding at the end thereof the following:
``44731. Use of certain devices on flight deck
``(a) In General.--It is unlawful for any member of the flight crew
of an aircraft used to provide air transportation under part 121 of
title 14, Code of Federal Regulations, to use a personal wireless
communications device or laptop computer while at the crew member's
duty station on the flight deck of such an aircraft while the aircraft
is being operated.
``(b) Exceptions.--Subsection (a) shall not apply to the use of a
personal wireless communications device or laptop computer for a
purpose directly related to operation of the aircraft, or for
emergency, safety-related, or employment-related communications, in
accordance with procedures established by the air carrier or the
Federal Aviation Administration.
``(c) Enforcement.--In addition to the penalties provided under
section 46301 of this title applicable to any violation of this
section, the Administrator of the Federal Aviation Administration may
enforce compliance with this section under section 44709.
``(d) Personal Wireless Communications Device Defined.--The term
`personal wireless communications device' means a device through which
personal wireless services (as defined in section 332(c)(7)(C)(i) of
the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are
transmitted.''.
(b) Penalty.--Section 44711(a) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(8);
(2) by striking ``title.'' in paragraph (9) and inserting
``title; or''; and
(3) by adding at the end the following:
``(10) violate section 44730 of this title or any
regulation issued thereunder.''.
(c) Conforming Amendment.--The table of contents for chapter 447 is
amended by adding at the end thereof the following:
``44731. Use of certain devices on flight deck''.
(d) Regulations.--Within 30 days after the date of enactment of
this Act, the Secretary of Transportation shall initiate a rulemaking
procedure for regulations under section 44730 of title 49, United
States Code, and shall issue a final rule thereunder within 1 year
after the date of enactment of this Act.
(e) Study.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall review relevant air carrier data and carry
out a study--
(A) to identify common sources of distraction for
the cockpit flight crew on commercial aircraft; and
(B) to determine the safety impacts of such
distractions.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator shall submit a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that contains--
(A) the findings of the study conducted under
paragraph (1); and
(B) recommendations about ways to reduce
distractions for cockpit flight crews.
SEC. 559. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS.
The Administrator shall, not less frequently than once each year,
perform random, unannounced, on-site inspections of air carriers that
provide air transportation pursuant to a contract with a part 121 air
carrier to ensure that such air carriers are complying with all
applicable safety standards of the Administration.
SEC. 560. ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO THE
TRAINING, HIRING, AND OPERATION OF AIRCRAFT BY PILOTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue a final rule with
respect to the Notice of Proposed Rulemaking published in the Federal
Register on January 12, 2009 (74 Fed. Reg. 1280), relating to training
programs for flight crew members and aircraft dispatchers.
(b) Expert Panel To Review Part 121 and Part 135 Training Hours.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Administrator shall convene a
multidisciplinary expert panel comprised of, at a minimum, air
carrier representatives, training facility representatives,
instructional design experts, aircraft manufacturers, safety
organization representatives, and labor union representatives.
(2) Assessment and recommendations.--The panel shall assess
and make recommendations concerning--
(A) the best methods and optimal time needed for
flightcrew members of part 121 air carriers and
flightcrew members of part 135 air carriers to master
aircraft systems, maneuvers, procedures, take offs and
landings, and crew coordination;
(B) the optimal length of time between training
events for such crewmembers, including recurrent
training events;
(C) the best methods to reliably evaluate mastery
by such crewmembers of aircraft systems, maneuvers,
procedures, take offs and landings, and crew
coordination; and
(D) the best methods to allow specific academic
training courses to be credited pursuant to section
11(d) toward the total flight hours required to receive
an airline transport pilot certificate.
(3) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit a report
to the House of Representatives Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science,
and Transportation based on the findings of the panel.
SEC. 561. OVERSIGHT OF PILOT TRAINING SCHOOLS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall submit to Congress a
plan for overseeing pilot schools certified under part 141 of title 14,
Code of Federal Regulations, that includes--
(1) ensuring that the curriculum and course outline
requirements for such schools under subpart C of such part are
being met; and
(2) conducting on-site inspections of each such school not
less frequently than once every 2 years.
(b) GAO Study.--The Comptroller General shall conduct a
comprehensive study of flight schools, flight education, and academic
training requirements for certification of an individual as a pilot.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit a report to the House of
Representatives Committee on Transportation and Infrastructure and the
Senate Committee on Commerce, Science, and Transportation on the
results of the study.
SEC. 562. ENHANCED TRAINING FOR FLIGHT ATTENDANTS AND GATE AGENTS.
(a) In General.--Chapter 447, as amended by section 558 of this
Act, is further amended by adding at the end the following:
``Sec. 44732. Training of flight attendants and gate agents
``(a) Training Required.--In addition to other training required
under this chapter, each air carrier shall provide initial and annual
recurring training for flight attendants and gate agents employed or
contracted by such air carrier regarding--
``(1) serving alcohol to passengers;
``(2) recognizing intoxicated passengers; and
``(3) dealing with disruptive passengers.
``(b) Situational Training.--In carrying out the training required
under subsection (a), each air carrier shall provide situational
training to flight attendants and gate agents on the proper method for
dealing with intoxicated passengers who act in a belligerent manner.
``(c) Definitions.--In this section:
``(1) Air carrier.--The term `air carrier' means a person
or commercial enterprise that has been issued an air carrier
operating certificate under section 44705.
``(2) Flight attendant.--The term `flight attendant' has
the meaning given the term in section 44728(f).
``(3) Gate agent.--The term `gate agent' means an
individual working at an airport whose responsibilities include
facilitating passenger access to commercial aircraft.
``(4) Passenger.--The term `passenger' means an individual
traveling on a commercial aircraft, from the time at which the
individual arrives at the airport from which such aircraft
departs until the time the individual leaves the airport to
which such aircraft arrives.''.
(b) Clerical Amendment.--The table of contents for chapter 447 is
amended by adding at the end the following:
``44732. Training of flight attendants and gate agents''.
(c) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Transportation shall issue
regulations to carry out section 44730 of title 49, United States Code,
as added by subsection (a).
SEC. 563. DEFINITIONS.
In this subtitle:
(1) Aviation safety action program.--The term ``Aviation
Safety Action Program'' means the program described under
Federal Aviation Administration Advisory Circular No. 120-66B
that permits employees of participating air carriers and repair
station certificate holders to identify and report safety
issues to management and to the Administration for resolution.
(2) Administrator.--The term ``Administrator'' means the
Administrator.
(3) Air carrier.--The term ``air carrier'' has the meaning
given that term by section 40102(2) of title 49, United States
Code.
(4) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(5) Flight operational quality assurance program.--The term
``Flight Operational Quality Assurance Program'' means the
voluntary safety program authorized under section 13.401 of
title 14, Code of Federal Regulations, that permits commercial
air carriers and pilots to share confidential aggregate
information with the Administration to permit the
Administration to target resources to address operational risk
issues.
(6) Line Operations Safety Audit Program.--The term ``Line
Operations Safety Audit Program'' has the meaning given that
term by Federal Aviation Administration Advisory Circular
Number 120-90.
(7) Part 121 air carrier.--The term ``part 121 air
carrier'' has the meaning given that term by section
41719(d)(1) of title 49, United States Code.
SEC. 564. STUDY OF AIR QUALITY IN AIRCRAFT CABINS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall initiate a study of air quality in aircraft cabins
to--
(1) assess bleed air quality on the full range of
commercial aircraft operating in the United States;
(2) identify oil-based contaminants, hydraulic fluid
toxins, and other air toxins that appear in cabin air and
measure the quantity and prevalence, or absence of those toxins
through a comprehensive sampling program;
(3) determine the specific amount and duration of toxic
fumes present in aircraft cabins that constitutes a health risk
to passengers;
(4) develop a systematic reporting standard for smoke and
fume events in aircraft cabins;
(5) identify the potential health risks to individuals
exposed to toxic fumes during flight; and
(6) determine the extent to which the installation of
sensors and air filters on commercial aircraft would provide a
public health benefit.
(b) Authority To Monitor Air in Aircraft Cabins.--For purposes of
conducting the study required by subsection (a), the Administrator of
the Federal Aviation Administration shall require domestic air carriers
to allow air quality monitoring on their aircraft in a manner that
imposes no significant costs on the air carrier and does not interfere
with the normal operation of the aircraft.
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 section 216 of
this Act, is further amended--
(A) by inserting ``unmanned and manned'' in
subsection (a) after ``improve'';
(B) by striking ``and'' after the semicolon in
subsection (b)(7);
(C) by striking ``emitted.'' in subsection (b)(8)
and inserting ``emitted; and''; and
(D) by adding at the end of subsection (b) the
following:
``(9) in conjunction with other Federal agencies as
appropriate, to develop technologies and methods to assess the
risk of and prevent defects, failures, and malfunctions of
products, parts, and processes, for use in all classes of
unmanned aircraft systems that could result in a catastrophic
failure.''.
(2) Human Factors; Simulations.--Section 44505(b) is
amended--
(A) by striking ``and'' after the semicolon in
paragraph (4);
(B) by striking ``programs.'' in paragraph (5)(C)
and inserting ``programs; and''; and
(C) by adding at the end thereof the following:
``(6) to develop a better understanding of the relationship
between human factors and unmanned aircraft systems air safety;
and
``(7) to develop dynamic simulation models of integrating
all classes of unmanned aircraft systems into the National
Airspace System.''.
(b) National Academy of Sciences Assessment.--
(1) In general.--Within 3 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall enter into an arrangement with
the National Academy of Sciences for an assessment of unmanned
aircraft systems that may include consideration of--
(A) human factors regarding unmanned aircraft
systems operation;
(B) ``detect, sense and avoid technologies'' with
respect to both cooperative and non-cooperative
aircraft;
(C) spectrum issues and bandwidth requirements;
(D) operation in suboptimal winds and adverse
weather conditions;
(E) mechanisms such as the use of transponders for
letting other entities know where the unmanned aircraft
system is flying;
(F) airworthiness and system redundancy;
(G) flight termination systems for safety and
security;
(H) privacy issues;
(I) technologies for unmanned aircraft systems
flight control;
(J) technologies for unmanned aircraft systems
propulsion;
(K) unmanned aircraft systems operator
qualifications, medical standards, and training
requirements;
(L) unmanned aircraft systems maintenance
requirements and training requirements; and
(M) any other unmanned aircraft systems-related
issue the Administrator believes should be addressed.
(2) Report.--Within 12 months after initiating the study,
the National Academy shall submit its report to the
Administrator, the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure containing its findings and
recommendations.
(c) Pilot Projects.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish 3 2-year cost-shared
pilot projects in sparsely populated, low-density Class G air
traffic airspace new test sites to conduct experiments and
collect data in order to accelerate the safe integration of
unmanned aircraft systems into the National Airspace System as
follows:
(A) 1 project shall address operational issues
required for integration of Category 1 unmanned
aircraft systems defined as analogous to RC models
covered in the FAA Advisory Circular AC 91-57.
(B) 1 project shall address operational issues
required for integration of Category 2 unmanned
aircraft systems defined as non-standard aircraft that
perform special purpose operations. Operators must
provide evidence of airworthiness and operator
qualifications.
(C) 1 project shall address operational issues
required for integration of Category 3 unmanned
aircraft systems defined as capable of flying
throughout all categories of airspace and conforming to
part 91 of title 14, Code of Federal Regulations.
(D) All 3 pilot projects shall be operational no
later than 6 months after being established.
(2) Use of consortia.--In conducting the pilot projects,
the Administrator shall encourage the formation of
participating consortia from the public and private sectors,
educational institutions, and non-profit organization.
(3) Report.--Within 90 days after completing the pilot
projects, the Administrator shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure setting forth the Administrator's findings and
conclusions concerning the projects.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator for fiscal years 2010
and 2011 such sums as may be necessary to conduct the pilot
projects.
(d) Unmanned Aircraft Systems Roadmap.--Within 30 days after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall approve and make available in print and
on the Administration's website a 5-year ``roadmap'' for the
introduction of unmanned aircraft systems into the National Airspace
System being coordinated by its Unmanned Aircraft Program Office. The
Administrator shall update the ``roadmap'' annually.
(e) Updated Policy Statement.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall issue a notice
of proposed rulemaking to update the Administration's most recent
policy statement on unmanned aircraft systems, Docket No. FAA-2006-
25714.
(f) Expanding the Use of UAS in the Arctic.--Within 6 months after
the date of enactment of this Act, the Administrator, in consultation
with the National Oceanic and Atmospheric Administration, the Coast
Guard, and other Federal agencies as appropriate, shall identify
permanent areas in the Arctic where small unmanned aircraft may operate
24 hours per day from 2000 feet to the surface and beyond line-of-sight
for research and commercial purposes. Within 12 months after the date
of enactment of this Act, the Administrator shall have established and
implemented a single process for approving unmanned aircraft use in the
designated arctic regions regardless of whether the unmanned aircraft
is used as a public aircraft, a civil aircraft, or as a model aircraft.
(g) Defintions.--In this section:
(1) Arctic.--The term ``Arctic'' means the United States
zone of the Chukchi, Beaufort, and Bering Sea north of the
Aleutian chain.
(2) Permanent areas.--The term ``permanent areas'' means
areas on land or water that provide for terrestrial launch and
recovery of small unmanned aircraft.
SEC. 609. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED RESEARCH
AND TRAINING IN THE USE OF ADVANCED MATERIALS IN
TRANSPORT AIRCRAFT.
Section 708(b) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 44504 note) is amended by striking
``$500,000 for fiscal year 2004'' and inserting ``$1,000,000 for each
of fiscal years 2008 through 2012''.
SEC. 610. PILOT PROGRAM FOR ZERO EMISSION AIRPORT VEHICLES.
(a) In General.--Subchapter I of chapter 471 is amended by
inserting after section 47136 the following:
``Sec. 47136A. Zero emission airport vehicles and infrastructure
``(a) In General.--The Secretary of Transportation shall establish
a pilot program under which the sponsor of a public-use airport may use
funds made available under section 47117 or section 48103 for use at
such airports or passenger facility revenue (as defined in section
40117(a)(6)) to carry out activities associated with the acquisition
and operation of zero emission vehicles (as defined in section 88.120-
94 of title 40, Code of Federal Regulations), including the
construction or modification of infrastructure to facilitate the
delivery of fuel and services necessary for the use of such vehicles.
Any use of funds authorized by the preceding sentence shall be
considered to be an authorized use of funds under section 47117 or
section 48103, or an authorized use of passenger facility revenue (as
defined in section 40117(a)(6)), as the case may be.
``(b) Location in Air Quality Nonattainment Areas.--
``(1) In general.--A public-use airport shall be eligible
for participation in the pilot program only if the airport is
located in an air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))).
``(2) Shortage of candidates.--If the Secretary receives an
insufficient number of applications from public-use airports
located in such areas, then the Secretary may consider
applications from public-use airports that are not located in
such areas.
``(c) Selection Criteria.--In selecting from among applicants for
participation in the program, the Secretary shall give priority
consideration to applicants that will achieve the greatest air quality
benefits measured by the amount of emissions reduced per dollar of
funds expended under the program.
``(d) Federal Share.--Notwithstanding any other provision of this
subchapter, the Federal share of the costs of a project carried out
under the program shall be 50 percent.
``(e) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport
carrying out activities funded under the program may not use
more than 10 percent of the amounts made available under the
program in any fiscal year for technical assistance in carrying
out such activities.
``(2) Eligible consortium.--To the maximum extent
practicable, participants in the program shall use an eligible
consortium (as defined in section 5506 of this title) in the
region of the airport to receive technical assistance described
in paragraph (1).
``(f) Materials Identifying Best Practices.--The Secretary may
develop and make available materials identifying best practices for
carrying out activities funded under the program based on projects
carried out under section 47136 and other sources.''.
(b) Report on Effectiveness of Program.--Not later than 18 months
after the date of enactment of the FAA Air Transportation Modernization
and Safety Improvement Act, the Secretary of Transportation shall
transmit a report to the Senate Committee on Commerce, Science, and
Transportation the House of Representatives Committee on Transportation
and Infrastructure containing--
(1) an evaluation of the effectiveness of the pilot
program;
(2) an identification of all public-use airports that
expressed an interest in participating in the program; and
(3) a description of the mechanisms used by the Secretary
to ensure that the information and know-how gained by
participants in the program is transferred among the
participants and to other interested parties, including other
public-use airports.
(c) Conforming Amendment.--The table of contents for chapter 471 is
amended by inserting after the item relating to section 47136 the
following:
``47136A. Zero emission airport vehicles and infrastructure''.
SEC. 611. REDUCTION OF EMISSIONS FROM AIRPORT POWER SOURCES.
(a) In General.--Subchapter I of chapter 471 is amended by
inserting after section 47140 the following:
``Sec. 47140A. Reduction of emissions from airport power sources
``(a) In General.--The Secretary of Transportation shall establish
a program under which the sponsor of each airport eligible to receive
grants under section 48103 is encouraged to assess the airport's energy
requirements, including heating and cooling, base load, back-up power,
and power for on-road airport vehicles and ground support equipment, in
order to identify opportunities to reduce harmful emissions and
increase energy efficiency at the airport.
``(b) Grants.--The Secretary may make grants under section 48103 to
assist airport sponsors that have completed the assessment described in
subsection (a) to acquire or construct equipment, including hydrogen
equipment and related infrastructure, that will reduce harmful
emissions and increase energy efficiency at the airport. To be eligible
for such a grant, the sponsor of such an airport shall submit an
application to the Secretary, at such time, in such manner, and
containing such information as the Secretary may require.''.
(b) Conforming Amendment.--The table of contents for chapter 471 is
amended by inserting after the item relating to section 47140 the
following:
``47140A. Reduction of emissions from airport power sources''.
SEC. 612. SITING OF WINDFARMS NEAR FAA NAVIGATIONAL AIDES AND OTHER
ASSETS.
(a) Survey and Assessment.--
(1) In general.--In order to address safety and operational
concerns associated with the construction, alteration,
establishment, or expansion of wind farms in proximity to
critical FAA facilities, the Administrator shall, within 60
days after the date of enactment of this Act, complete a survey
and assessment of leases for critical FAA facility sites,
including--
(A) an inventory of the leases that describes, for
each such lease--
(i) the periodic cost, location, site,
terms, number of years remaining, and lessor;
(ii) other Administration facilities that
share the leasehold, including surveillance and
communications equipment; and
(iii) the type of transmission services
supported, including the terms of service,
cost, and support contract obligations for the
services; and
(B) a list of those leases for facilities located
in or near areas suitable for the construction and
operation of wind farms, as determined by the
Administrator in consultation with the Secretary of
Energy.
(2) Report.--Upon completion of the survey and assessment,
the Administrator shall submit a report to the Senate Committee
on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure,
and the Comptroller General containing the Administrator's
findings, conclusions, and recommendations.
(b) GAO Assessment.--
(1) In general.--Within 180 days after receiving the
Administrator's report under subsection (a)(2), the Comptroller
General, in consultation with the Administrator, shall report
on--
(A) the current and potential impact of wind farms
on the national airspace system;
(B) the extent to which the Department of Defense
and the Federal Aviation Administration have guidance,
processes, and procedures in place to evaluate the
impact of wind farms on the implementation of the Next
Generation air traffic control system; and
(C) potential mitigation strategies, if necessary,
to ensure that wind farms do not have an adverse impact
on the implementation of the Next Generation air
traffic control system, including the installation of
navigational aides associated with that system.
(c) Issuance of Guidelines; Public Information.--
(1) Guidance.--Within 60 days after the Administrator
receives the Comptroller's recommendations, the Administrator
shall publish guidelines for the construction and operation of
wind farms to be located in proximity to critical Federal
Aviation Administration facilities. The guidelines may
include--
(A) the establishment of a zone system for wind
farms based on proximity to critical FAA assets;
(B) the establishment of turbine height and density
limitations on such wind farms;
(C) requirements for notice to the Administration
under section 44718(a) of title 49, United States Code,
before the construction, alteration, establishment, or
expansion of a such a wind farm; and
(D) any other requirements or recommendations
designed to address Administration safety or
operational concerns related to the construction,
alteration, establishment, or expansion of such wind
farms.
(2) Public Access to Information.--To the extent feasible,
taking into consideration security, operational, and public
safety concerns (as determined by the Administrator), the
Administrator shall provide public access to information
regarding the planning, construction, and operation of wind
farms in proximity to critical FAA facilities on, or by linkage
from, the homepage of the Federal Aviation Administration's
public website.
(d) Consultation With Other Federal Agencies.--In carrying out this
section, the Administrator and the Comptroller General shall consult,
as appropriate, with the Secretaries of the Army, the Navy, the Air
Force, Homeland Security, and Energy--
(1) to coordinate the requirements of each department for
future air space needs;
(2) to determine what the acceptable risks are to the
existing infrastructure of each department; and
(3) to define the different levels of risk for such
infrastructure.
(e) Reports.--The Administrator and the Comptroller General shall
provide a copy of reports under subsections (a) and (b), respectively,
to the Senate Committee on Homeland Security and Governmental Affairs,
the Senate Committee on Armed Services, the House of Representatives
Committee on Homeland Security, the House of Representatives Committee
on Armed Services, and the House of Representatives Committee on
Science and Technology, as appropriate.
(f) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(3) Critical faa facilities.--The term ``critical FAA
facilities'' means facilities on which are located navigational
aides, surveillance systems, or communications systems used by
the Administration in administration of the national airspace
system.
(4) Wind farm.--The term ``wind farm'' means an
installation of 1 or more wind turbines used for the generation
of electricity.
SEC. 613. RESEARCH AND DEVELOPMENT FOR EQUIPMENT TO CLEAN AND MONITOR
THE ENGINE AND APU BLEED AIR SUPPLIED ON PRESSURIZED
AIRCRAFT.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall, to the degree practicable, implement a research program for the
identification or development of appropriate and effective air cleaning
technology and sensor technology for the engine and auxiliary power
unit (APU) bleed air supplied to the passenger cabin and flight deck of
all pressurized aircraft.
(b) Technology Requirements.--The technology referred to in
subsection (a) should, at a minimum, have the capacity--
(1) to remove oil-based contaminants from the bleed air
supplied to the passenger cabin and flight deck; and
(2) to detect and record oil-based contaminants in the
portion of the total air supplied to the passenger cabin and
flight deck from bleed air.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the research and development work carried out
under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums are as necessary to carry out this section.
TITLE VII--MISCELLANEOUS
SEC. 701. GENERAL AUTHORITY.
(a) Third Party Liability.--Section 44303(b) is amended by striking
``December 31, 2009,'' and inserting ``December 31, 2012,''.
(b) Extension of Program Authority.--Section 44310 is amended by
striking ``December 31, 2013.'' and inserting ``October 1, 2017.''.
(c) War Risk.--Section 44302(f)(1) is amended--
(1) by striking ``September 30, 2009,'' and inserting
``September 30, 2011,''; and
(2) by striking ``December 31, 2009,'' and inserting
``December 31, 2011,''.
SEC. 702. HUMAN INTERVENTION MANAGEMENT STUDY.
Within 6 months after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall develop a
Human Intervention Management Study program for cabin crews employed by
commercial air carriers in the United States.
SEC. 703. AIRPORT PROGRAM MODIFICATIONS.
The Administrator of the Federal Aviation Administration--
(1) shall establish a formal, structured certification
training program for the airport concessions disadvantaged
business enterprise program; and
(2) may appoint 3 additional staff to implement the
programs of the airport concessions disadvantaged business
enterprise initiative.
SEC. 704. MISCELLANEOUS PROGRAM EXTENSIONS.
(a) Marshall Islands, Federated States of Micronesia, and Palau.--
Section 47115(j) is amended by striking ``2009,'' and inserting
``2011,''.
(b) Midway Island Airport.--Section 186(d) of the Vision 100--
Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by
striking ``2009,'' and inserting ``2011,''.
SEC. 705. EXTENSION OF COMPETITIVE ACCESS REPORTS.
Section 47107(s) is amended by striking paragraph (3).
SEC. 706. UPDATE ON OVERFLIGHTS.
(a) In General.--Section 45301(b) is amended to read as follows:
``(b) Limitations.--
``(1) In general.--In establishing fees under subsection
(a), the Administrator shall ensure that the fees required by
subsection (a) are reasonably related to the Administration's
costs, as determined by the Administrator, of providing the
services rendered. Services for which costs may be recovered
include the costs of air traffic control, navigation, weather
services, training, and emergency services which are available
to facilitate safe transportation over the United States, and
other services provided by the Administrator or by programs
financed by the Administrator to flights that neither take off
nor land in the United States. The determination of such costs
by the Administrator is not subject to judicial review.
``(2) Adjustment of fees.--The Administrator shall adjust
the overflight fees established by subsection (a)(1) by
expedited rulemaking and begin collections under the adjusted
fees by October 1, 2010. In developing the adjusted overflight
fees, the Administrator shall seek and consider the
recommendations, if any, offered by the Aviation Rulemaking
Committee for Overflight Fees that are intended to ensure that
overflight fees are reasonably related to the Administrator's
costs of providing air traffic control and related services to
overflights. In addition, the Administrator may periodically
modify the fees established under this section either on the
Administrator's own initiative or on a recommendation from the
Air Traffic Control Modernization Board.
``(3) Cost data.--The adjustment of overflight fees under
paragraph (2) shall be based on the costs to the Administration
of providing the air traffic control and related activities,
services, facilities, and equipment using the available data
derived from the Administration's cost accounting system and
cost allocation system to users, as well as budget and
operational data.
``(4) Aircraft altitude.--Nothing in this section shall
require the Administrator to take into account aircraft
altitude in establishing any fee for aircraft operations in en
route or oceanic airspace.
``(5) Costs defined.--In this subsection, the term `costs'
means those costs associated with the operation, maintenance,
debt service, and overhead expenses of the services provided
and the facilities and equipment used in such services,
including the projected costs for the period during which the
services will be provided.
``(6) Publication; comment.--The Administrator shall
publish in the Federal Register any fee schedule under this
section, including any adjusted overflight fee schedule, and
the associated collection process as a proposed rule, pursuant
to which public comment will be sought and a final rule
issued.''.
(b) Administrative Provision.--Section 45303(c)(2) is amended to
read as follows:
``(2) shall be available to the Administrator for
expenditure for purposes authorized by Congress for the Federal
Aviation Administration, however, fees established by section
45301(a)(1) of this title shall be available only to pay the
cost of activities and services for which the fee is imposed,
including the costs to determine, assess, review, and collect
the fee; and''.
SEC. 707. TECHNICAL CORRECTIONS.
Section 40122(g), as amended by section 307 of this Act, is further
amended--
(1) by striking ``section 2302(b), relating to
whistleblower protection,'' in paragraph (2)(A) and inserting
``sections 2301 and 2302,'';
(2) by striking ``and'' after the semicolon in paragraph
(2)(H);
(3) by striking ``Plan.'' in paragraph (2)(I)(iii) and
inserting ``Plan;'';
(4) by adding at the end of paragraph (2) the following:
``(J) section 5596, relating to back pay; and
``(K) sections 6381 through 6387, relating to
Family and Medical Leave.''; and
(5) by adding at the end of paragraph (3) ``Notwithstanding
any other provision of law, retroactive to April 1, 1996, the
Board shall have the same remedial authority over such employee
appeals that it had as of March 31, 1996.''.
SEC. 708. FAA TECHNICAL TRAINING AND STAFFING.
(a) Study.--
(1) In general.--The Comptroller General shall conduct a
study of the training of airway transportation systems
specialists of the Federal Aviation Administration that
includes--
(A) an analysis of the type of training provided to
such specialists;
(B) an analysis of the type of training that such
specialists need to be proficient in the maintenance of
the latest technologies;
(C) actions that the Administration has undertaken
to ensure that such specialists receive up-to-date
training on such technologies;
(D) the amount and cost of training provided by
vendors for such specialists;
(E) the amount and cost of training provided by the
Administration after developing in-house training
courses for such specialists;
(F) the amount and cost of travel required of such
specialists in receiving training; and
(G) a recommendation regarding the most cost-
effective approach to providing such training.
(2) Report.--Within 1 year after the date of enactment of
this Act, the Comptroller General shall transmit a report on
the study containing the Comptroller General's findings and
recommendations to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure.
(b) Study by National Academy of Sciences.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall contract with the National
Academy of Sciences to conduct a study of the assumptions and
methods used by the Federal Aviation Administration to estimate
staffing needs for Federal Aviation Administration air traffic
controllers, system specialists, and engineers to ensure proper
maintenance, certification, and operation of the National
Airspace System. The National Academy of Sciences shall consult
with the Exclusive Bargaining Representative certified under
section 7111 of title 5, United States Code, and the
Administration (including the Civil Aeronautical Medical
Institute) and examine data entailing human factors, traffic
activity, and the technology at each facility.
(2) Contents.--The study shall include--
(A) recommendations for objective staffing
standards that maintain the safety of the National
Airspace System; and
(B) the approximate length of time for developing
such standards.
(3) Report.--Not later than 24 months after executing a
contract under subsection (a), the National Academy of Sciences
shall transmit a report containing its findings and
recommendations to the Congress.
(c) Aviation Safety Inspectors.--
(1) Safety staffing model.--Within 12 months after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop a staffing model for
aviation safety inspectors. In developing the model, the
Administrator shall consult with representatives of the
aviation safety inspectors and other interested parties.
(2) Safety inspector staffing.--The Federal Aviation
Administration aviation safety inspector staffing requirement
shall be no less than the staffing levels indicated as
necessary in the staffing model described under subsection (a).
(d) Alaska Flight Service Stations.--Not later than 180 days after
the date of the enactment of this Act, the Administrator, in
conjunction with flight service station personnel, shall submit a
report to Congress on the future of flight service stations in Alaska,
which includes--
(1) an analysis of the number of flight service specialists
needed, the training needed by such personnel, and the need for
a formal training and hiring program for such personnel;
(2) a schedule for necessary inspection, upgrades, and
modernization of stations and equipment; and
(3) a description of the interaction between flight service
stations operated by the Administration and flight service
stations operated by contractors.
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) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) by striking ``, in
cooperation with'' and
inserting ``and''; and
(bb) by striking ``The air
tour'' and all that follows;
and
(II) by redesignating subparagraph
(B) as subparagraph (C);
(III) by inserting after
subparagraph (A) the following:
``(B) Process and approval.--The Federal Aviation
Administration has sole authority to control airspace
over the United States. The National Park Service has
the sole responsibility for conserving the scenery and
natural resources in National Parks and providing for
the enjoyment of the National Parks unimpaired for
future generations. Each air tour management plan shall
be--
``(i) developed through a public process
that complies with paragraph (4); and
``(ii) approved by the Administrator and
the Director.''; and
(IV) by adding at the end the
following:
``(D) Exception.--An application to begin
commercial air tour operations at Crater Lake National
Park may be denied without the establishment of an air
tour management plan by the Director of the National
Park Service if the Director determines that such
operations would unacceptably impact park resources or
visitor experiences.''; and
(ii) in paragraph (4)(C), by striking
``National Park Service'' 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 shall 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 collect
sufficient revenue, in the aggregate, to pay for the expenses
incurred by the Federal Government to develop air tour
management plans for national parks.
(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) Funding for Air Tour Management Plans.--The Secretary of the
Interior shall use the amounts collected under subsection (e) to
develop air tour management plans under section 40128(b) of title 49,
United States Code, 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 is repealed.
(b) Conforming Repeal.--The table of sections for chapter 491 is
amended by striking the item relating to section 49108.
SEC. 719. STUDY OF AERONAUTICAL MOBILE TELEMETRY.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration, in
consultation with other Federal agencies, shall submit a report to the
Senate Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Science and Technology, and the House of
Representatives Committee on Energy and Commerce that identifies--
(1) the current and anticipated need over the next decade
by civil aviation, including equipment manufacturers, for
aeronautical mobile telemetry services; and
(2) the potential impact to the aerospace industry of the
introduction of a new radio service operating in the same
spectrum allocated to the aeronautical mobile telemetry
service.
SEC. 720. FLIGHTCREW MEMBER PAIRING AND CREW RESOURCE MANAGEMENT
TECHNIQUES.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study on aviation industry best
practices with regard to flightcrew member pairing, crew resource
management techniques, and pilot commuting.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall submit a report to the House of
Representatives Committee on Transportation and Infrastructure and the
Senate Committee on Commerce, Science, and Transportation on the
results of the study.
SEC. 721. CONSOLIDATION OR ELIMINATION OF OBSOLETE, REDUNDANT, OR
OTHERWISE UNNECESSARY REPORTS; USE OF ELECTRONIC MEDIA
FORMAT.
(a) Consolidation or Elimination of Reports.--No later than 2 years
after the date of enactment of this Act, and every 2 years thereafter,
the Administrator of the Federal Aviation Administration shall submit a
report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and
Infrastructure containing--
(1) a list of obsolete, redundant, or otherwise unnecessary
reports the Administration is required by law to submit to the
Congress or publish that the Administrator recommends
eliminating or consolidating with other reports; and
(2) an estimate of the cost savings that would result from
the elimination or consolidation of those reports.
(b) Use of Electronic Media for Reports.--
(1) In general.--Notwithstanding any other provision of
law, the Federal Aviation Administration--
(A) may not publish any report required or
authorized by law in printed format; and
(B) shall publish any such report by posting it on
the Administration's website in an easily accessible
and downloadable electronic format.
(2) Exception.--Paragraph (1) does not apply to any report
with respect to which the Administrator determines that--
(A) its publication in printed format is essential
to the mission of the Federal Aviation Administration;
or
(B) its publication in accordance with the
requirements of paragraph (1) would disclose matter--
(i) described in section 552(b) of title 5,
United States Code; or
(ii) the disclosure of which would have an
adverse impact on aviation safety or security,
as determined by the Administrator.
SEC. 722. LINE CHECK EVALUATIONS.
Section 44729(h) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 723. REPORT ON NEWARK LIBERTY AIRPORT AIR TRAFFIC CONTROL TOWER.
Not later than 90 days after the date of the enactment of this Act,
the Administrator of the Federal Aviation Administration shall report
to the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure of the
House of Representatives, on the Federal Aviation Administration's plan
to staff the Newark Liberty Airport air traffic control tower at
negotiated staffing levels within 1 year after such date of enactment.
SEC. 724 PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD WEATHER
STATES.
The Administrator of the Federal Aviation Administration shall, to
the maximum extent practicable, schedule the Administrator's review of
construction projects so that projects to be carried out in States in
which the weather during a typical calendar year prevents major
construction projects from being carried out before May 1 are reviewed
as early as possible.
SEC. 725. AIR-RAIL CODESHARE STUDY.
(a) Codeshare Study.--Not later than 180 days after the date of the
enactment of this Act, the GAO shall conduct a study of--
(1) the current airline and intercity passenger rail
codeshare arrangements;
(2) the feasibility and costs to taxpayers and passengers
of increasing intermodal connectivity of airline and intercity
passenger rail facilities and systems to improve passenger
travel.
(b) Considerations.--The study shall consider--
(1) the potential benefits to passengers and costs to
taxpayers from the implementation of more integrated scheduling
between airlines and Amtrak or other intercity passenger rail
carriers achieved through codesharing arrangements;
(2) airport operations that can improve connectivity to
intercity passenger rail facilities and stations.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller shall submit the report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives. The report shall include any conclusions of the
Comptroller resulting from the study.
SEC. 726. ON-GOING MONITORING OF AND REPORT ON THE NEW YORK/NEW JERSEY/
PHILADELPHIA METROPOLITAN AREA AIRSPACE REDESIGN.
Not later than 270 days after the date of the enactment of this Act
and every 180 days thereafter until the completion of the New York/New
Jersey/Philadelphia Metropolitan Area Airspace Redesign, the
Administrator of the Federal Aviation Administration shall, in
conjunction with the Port Authority of New York and New Jersey and the
Philadelphia International Airport--
(1) monitor the air noise impacts of the New York/New
Jersey/Philadelphia Metropolitan Area Airspace Redesign; and
(2) submit to Congress a report on the findings of the
Administrator with respect to the monitoring described in
paragraph (1).
SEC. 727. STUDY ON AVIATION FUEL PRICES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study and report to Congress on the impact of increases
in aviation fuel prices on the Airport and Airway Trust Fund and the
aviation industry in general. The study shall include the impact of
increases in aviation fuel prices on--
(1) general aviation;
(2) commercial passenger aviation;
(3) piston aircraft purchase and use;
(4) the aviation services industry, including repair and
maintenance services;
(5) aviation manufacturing;
(6) aviation exports; and
(7) the use of small airport installations.
(b) Assumptions About Aviation Fuel Prices.--In conducting the
study required by subsection (a), the Comptroller General shall use the
average aviation fuel price for fiscal year 2010 as a baseline and
measure the impact of increases in aviation fuel prices that range from
5 percent to 200 percent over the 2010 baseline.
SEC. 728. LAND CONVEYANCE FOR SOUTHERN NEVADA SUPPLEMENTAL AIRPORT.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Clark County,
Nevada.
(2) Public land.--The term ``public land'' means the land
located at--
(A) sec. 23 and sec. 26, T. 26 S., R. 59 E., Mount
Diablo Meridian;
(B) the NE \1/4\ and the N \1/2\ of the SE \1/4\ of
sec. 6, T. 25 S., R. 59 E., Mount Diablo Meridian,
together with the SE \1/4\ of sec. 31, T. 24 S., R. 59
E., Mount Diablo Meridian; and
(C) sec. 8, T. 26 S., R. 60 E., Mount Diablo
Meridian.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Land Conveyance.--
(1) In general.--As soon as practicable after the date
described in paragraph (2), subject to valid existing rights,
and notwithstanding the land use planning requirements of
sections 202 and 203 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey
to the County, without consideration, all right, title, and
interest of the United States in and to the public land.
(2) Date on which conveyance may be made.--The Secretary
shall not make the conveyance described in paragraph (1) until
the later of the date on which the Administrator of the Federal
Aviation Administration has--
(A) approved an airport layout plan for an airport
to be located in the Ivanpah Valley; and
(B) with respect to the construction and operation
of an airport on the site conveyed to the County
pursuant to section 2(a) of the Ivanpah Valley Airport
Public Lands Transfer Act (Public Law 106-362; 114
Stat. 1404), issued a record of decision after the
preparation of an environmental impact statement or
similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(3) Withdrawal.--Subject to valid existing rights, the
public land to be conveyed under paragraph (1) is withdrawn
from--
(A) location, entry, and patent under the mining
laws; and
(B) operation of the mineral leasing and geothermal
leasing laws.
(4) Use.--The public land conveyed under paragraph (1)
shall be used for the development of flood mitigation
infrastructure for the Southern Nevada Supplemental Airport.
SEC. 729. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS OPERATING
CHARITABLE MEDICAL FLIGHTS.
In administering part 61.113(c) of title 14, Code of Federal
Regulations, the Administrator of the Federal Aviation Administration
shall allow an aircraft owner or aircraft operator who has volunteered
to provide transportation for an individual or individuals for medical
purposes to accept reimbursement to cover all or part of the fuel costs
associated with the operation from a volunteer pilot organization.
SEC. 730. CYLINDERS OF COMPRESSED OXYGEN, NITROUS OXIDE, OR OTHER
OXIDIZING GASES.
(a) In General.--The transportation within Alaska of cylinders of
compressed oxygen, nitrous oxide, or other oxidizing gases aboard
aircraft shall be exempt from compliance with the requirements, under
sections 173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4) of the
Pipeline and Hazardous Material Safety Administration's regulations (49
C.F.R. 173.302(f)(3) and (f)(4) and 173.304(f)(3) and (f)(4)), that
oxidizing gases transported aboard aircraft be enclosed in outer
packaging capable of passing the flame penetration and resistance test
and the thermal resistance test, without regard to the end use of the
cylinders, if--
(1) there is no other practical means of transportation for
transporting the cylinders to their destination and
transportation by ground or vessel is unavailable; and
(2) the transportation meets the requirements of subsection
(b).
(b) Exemption Requirements.--Subsection (a) shall not apply to the
transportation of cylinders of compressed oxygen, nitrous oxide, or
other oxidizing gases aboard aircraft unless the following requirements
are met:
(1) Packaging.--
(A) Smaller cylinders.--Each cylinder with a
capacity of not more than 116 cubic feet shall be--
(i) fully covered with a fire or flame
resistant blanket that is secured in place; and
(ii) placed in a rigid outer packaging or
an ATA 300 Category 1 shipping container.
(B) Larger cylinders.--Each cylinder with a
capacity of more than 116 cubic feet but not more than
281 cubic feet shall be--
(i) secured within a frame;
(ii) fully covered with a fire or flame
resistant blanket that is secured in place; and
(iii) fitted with a securely attached metal
cap of sufficient strength to protect the valve
from damage during transportation.
(2) Operational controls.--
(A) Storage; access to fire extinguishers.--Unless
the cylinders are stored in a Class C cargo compartment
or its equivalent on the aircraft, crew members shall
have access to the cylinders and at least 2 fire
extinguishers shall be readily available for use by the
crew members.
(B) Shipment with other hazardous materials.--The
cylinders may not be transported in the same aircraft
with other hazardous materials other than Division 2.2
materials with no subsidiary risk, Class 9 materials,
and ORM-D materials.
(3) Aircraft requirements.--
(A) Aircraft type.--The transportation shall be
provided only aboard a passenger-carrying aircraft or a
cargo aircraft.
(B) Passenger-carrying aircraft.--
(i) Smaller cylinders only.--A cylinder
with a capacity of more than 116 cubic feet may
not be transported aboard a passenger-carrying
aircraft.
(ii) Maximum number.--Unless transported in
a Class C cargo compartment or its equivalent,
no more than 6 cylinders in each cargo
compartment may be transported aboard a
passenger-carrying aircraft.
(C) Cargo aircraft.--A cylinder may not be
transported aboard a cargo aircraft unless it is
transported in a Class B cargo compartment or a Class C
cargo compartment or its equivalent.
(c) Definitions.--Terms used in this section shall have the meaning
given those terms in parts 106, 107, and 171 through 180 of the
Pipeline and Hazardous Material Safety Administration's regulations (49
C.F.R. parts 106, 107, and 171-180).
SEC. 731. TECHNICAL CORRECTION.
Section 159(b)(2)(C) of title I of division A of the Consolidated
Appropriations Act, 2010, is amended by striking clauses (i) and (ii)
and inserting the following:
``(i) requiring inspections of any
container containing a firearm or ammunition;
and
``(ii) the temporary suspension of firearm
carriage service if credible intelligence
information indicates a threat related to the
national rail system or specific routes or
trains.''.
SEC. 732. PLAN FOR FLYING SCIENTIFIC INSTRUMENTS ON COMMERCIAL FLIGHTS.
(a) Plan Development.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Transportation and the
Secretary of Commerce, in consultation with interested representatives
of the aviation industry and other relevant agencies, shall develop a
plan and process to allow Federal agencies to fly scientific
instruments on commercial flights with airlines who volunteer, for the
purpose of taking measurements to improve weather forecasting.
TITLE VIII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
SEC. 800. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
SEC. 801. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) is amended
by striking ``March 31, 2010'' and inserting ``September 30, 2013''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) is
amended by striking ``March 31, 2010'' and inserting
``September 30, 2013''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) is
amended by striking ``March 31, 2010'' and inserting
``September 30, 2013''.
(c) Effective Date.--The amendments made by this section shall take
effect on April 1, 2010.
SEC. 802. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) is amended--
(1) by striking ``April 1, 2010'' in the matter preceding
subparagraph (A) and inserting ``October 1, 2013'', and
(2) by striking the semicolon at the end of subparagraph
(A) and inserting ``or the FAA Air Transportation Modernization
and Safety Improvement Act;''.
(b) Conforming Amendment.--Paragraph (2) of section 9502(e) is
amended by striking ``April 1, 2010'' and inserting ``October 1,
2013''.
(c) Effective Date.--The amendments made by this section shall take
effect on April 1, 2010.
SEC. 803. MODIFICATION OF EXCISE TAX ON KEROSENE USED IN AVIATION.
(a) Rate of Tax on Aviation-grade Kerosene.--
(1) In general.--Subparagraph (A) of section 4081(a)(2)
(relating to rates of tax) is amended by striking ``and'' at
the end of clause (ii), by striking the period at the end of
clause (iii) and inserting ``, and'', and by adding at the end
the following new clause:
``(iv) in the case of aviation-grade
kerosene, 35.9 cents per gallon.''.
(2) Fuel removed directly into fuel tank of airplane used
in noncommercial aviation.--Subparagraph (C) of section
4081(a)(2) is amended to read as follows:
``(C) Taxes imposed on fuel used in commercial
aviation.--In the case of aviation-grade kerosene which
is removed from any refinery or terminal directly into
the fuel tank of an aircraft for use in commercial
aviation by a person registered for such use under
section 4101, the rate of tax under subparagraph
(A)(iv) shall be 4.3 cents per gallon.''.
(3) Exemption for aviation-grade kerosene removed into an
aircraft.--Subsection (e) of section 4082 is amended--
(A) by striking ``kerosene'' and inserting
``aviation-grade kerosene'',
(B) by striking ``section 4081(a)(2)(A)(iii)'' and
inserting ``section 4081(a)(2)(A)(iv)'', and
(C) by striking ``Kerosene'' in the heading and
inserting ``Aviation-Grade Kerosene''.
(4) Conforming amendments.--
(A) Clause (iii) of section 4081(a)(2)(A) is
amended by inserting ``other than aviation-grade
kerosene'' after ``kerosene''.
(B) The following provisions are each amended by
striking ``kerosene'' and inserting ``aviation-grade
kerosene'':
(i) Section 4081(a)(3)(A)(ii).
(ii) Section 4081(a)(3)(A)(iv).
(iii) Section 4081(a)(3)(D).
(C) Section 4081(a)(3)(D) is amended--
(i) by striking ``paragraph (2)(C)(i)'' in
clause (i) and inserting ``paragraph (2)(C)'',
and
(ii) by striking ``paragraph (2)(C)(ii)''
in clause (ii) and inserting ``paragraph
(2)(A)(iv)''.
(D) Section 4081(a)(4) is amended--
(i) in the heading by striking ``kerosene''
and inserting ``aviation-grade kerosene'', and
(ii) by striking ``paragraph (2)(C)(i)''
and inserting ``paragraph (2)(C)''.
(E) Section 4081(d)(2) is amended by striking
``(a)(2)(C)(ii)'' and inserting ``(a)(2)(A)(iv)''.
(b) Retail Tax on Aviation Fuel.--
(1) Exemption for previously taxed fuel.--Paragraph (2) of
section 4041(c) is amended by inserting ``at the rate specified
in subsection (a)(2)(A)(iv) thereof'' after ``section 4081''.
(2) Rate of tax.--Paragraph (3) of section 4041(c) is
amended to read as follows:
``(3) Rate of tax.--The rate of tax imposed by this
subsection shall be the rate of tax in effect under section
4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any
sale or use for commercial aviation).''.
(c) Refunds Relating to Aviation-grade Kerosene.--
(1) Kerosene used in commercial aviation.--Clause (ii) of
section 6427(l)(4)(A) is amended by striking ``specified in
section 4041(c) or 4081(a)(2)(A)(iii), as the case may be,''
and inserting ``so imposed''.
(2) Kerosene used in aviation.--Paragraph (4) of section
6427(l) is amended--
(A) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B), and
(B) by amending subparagraph (B), as redesignated
by subparagraph (A), to read as follows:
``(B) Payments to ultimate, registered vendor.--
With respect to any kerosene used in aviation (other
than kerosene to which paragraph (6) applies), if the
ultimate purchaser of such kerosene waives (at such
time and in such form and manner as the Secretary shall
prescribe) the right to payment under paragraph (1) and
assigns such right to the ultimate vendor, then the
Secretary shall pay (without interest) the amount which
would be paid under paragraph (1) to such ultimate
vendor, but only if such ultimate vendor--
``(i) is registered under section 4101, and
``(ii) meets the requirements of
subparagraph (A), (B), or (D) of section
6416(a)(1).''.
(3) Aviation-grade kerosene not used in aviation.--
Subsection (l) of section 6427 is amended by redesignating
paragraph (5) as paragraph (6) and by inserting after paragraph
(4) the following new paragraph:
``(5) Refunds for aviation-grade kerosene not used in
aviation.--If tax has been imposed under section 4081 at the
rate specified in section 4081(a)(2)(A)(iv) and the fuel is
used other than in an aircraft, the Secretary shall pay
(without interest) to the ultimate purchaser of such fuel an
amount equal to the amount of tax imposed on such fuel reduced
by the amount of tax that would be imposed under section 4041
if no tax under section 4081 had been imposed.''.
(4) Conforming amendments.--
(A) Section 4082(d)(2)(B) is amended by striking
``6427(l)(5)(B)'' and inserting ``6427(l)(6)(B)''.
(B) Section 6427(i)(4) is amended--
(i) by striking ``(4)(C)'' the first two
places it occurs and inserting ``(4)(B)'', and
(ii) by striking ``, (l)(4)(C)(ii), and''
and inserting ``and''.
(C) The heading of section 6427(l) is amended by
striking ``Diesel Fuel and Kerosene'' and inserting
``Diesel Fuel, Kerosene, and Aviation Fuel''.
(D) Section 6427(l)(1) is amended by striking
``paragraph (4)(C)(i)'' and inserting ``paragraph
(4)(B)''.
(E) Section 6427(l)(4) is amended--
(i) by striking ``kerosene used in
aviation'' in the heading and inserting
``aviation-grade kerosene used in commercial
aviation'', and
(ii) in subparagraph (A)--
(I) by striking ``kerosene'' and
inserting ``aviation-grade kerosene'',
(II) by striking ``Kerosene used in
commercial aviation'' in the heading
and inserting ``In general''.
(d) Transfers to the Airport and Airway Trust Fund.--
(1) In general.--Subparagraph (C) of section 9502(b)(1) is
amended to read as follows:
``(C) section 4081 with respect to aviation
gasoline and aviation-grade kerosene, and''.
(2) Transfers on account of certain refunds.--
(A) In general.--Subsection (d) of section 9502 is
amended--
(i) in paragraph (2) by striking ``(other
than subsection (l)(4) thereof)'', and
(ii) in paragraph (3) by striking ``(other
than payments made by reason of paragraph (4)
of section 6427(l))''.
(B) Conforming amendments.--
(i) Section 9503(b)(4) is amended by
striking ``or'' at the end of subparagraph (C),
by striking the period at the end of
subparagraph (D) and inserting a comma, and by
inserting after subparagraph (D) the following:
``(E) section 4081 to the extent attributable to
the rate specified in clause (ii) or (iv) of section
4081(a)(2)(A), or
``(F) section 4041(c).''.
(ii) Section 9503(c) is amended by striking
paragraph (6).
(iii) Section 9502(a) is amended--
(I) by striking ``appropriated,
credited, or paid into'' and inserting
``appropriated or credited to'', and
(II) by striking ``, section
9503(c)(7),''.
(e) Effective Date.--The amendments made by this section shall
apply to fuels removed, entered, or sold after June 30, 2010.
(f) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of aviation fuel which
is held on July 1, 2010, by any person, there is hereby imposed
a floor stocks tax on aviation fuel equal to--
(A) the tax which would have been imposed before
such date on such fuel had the amendments made by this
section been in effect at all times before such date,
reduced by
(B) the sum of--
(i) the tax imposed before such date on
such fuel under section 4081 of the Internal
Revenue Code of 1986, as in effect on such
date, and
(ii) in the case of kerosene held
exclusively for such person's own use, the
amount which such person would (but for this
clause) reasonably expect (as of such date) to
be paid as a refund under section 6427(l) of
such Code with respect to such kerosene.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding aviation
fuel on July 1, 2010, shall be liable for such tax.
(B) Time and method of payment.--The tax imposed by
paragraph (1) shall be paid at such time and in such
manner as the Secretary of the Treasury shall
prescribe.
(3) Transfer of floor stock tax revenues to trust funds.--
For purposes of determining the amount transferred to the
Airport and Airway Trust Fund, the tax imposed by this
subsection shall be treated as imposed by section
4081(a)(2)(A)(iv) of the Internal Revenue Code of 1986.
(4) Definitions.--For purposes of this subsection--
(A) Aviation fuel.--The term ``aviation fuel''
means aviation-grade kerosene and aviation gasoline, as
such terms are used within the meaning of section 4081
of the Internal Revenue Code of 1986.
(B) Held by a person.--Aviation fuel shall be
considered as held by a person if title thereto has
passed to such person (whether or not delivery to the
person has been made).
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(5) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to any aviation fuel held by any
person exclusively for any use to the extent a credit or refund
of the tax is allowable under the Internal Revenue Code of 1986
for such use.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any aviation fuel held on July 1,
2010, by any person if the aggregate amount of such
aviation fuel held by such person on such date does not
exceed 2,000 gallons. The preceding sentence shall
apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary)
such information as the Secretary shall require for
purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account any aviation fuel
held by any person which is exempt from the tax imposed
by paragraph (1) by reason of paragraph (5).
(C) Controlled groups.--For purposes of this
subsection--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of the Internal Revenue
Code of 1986; except that for such
purposes the phrase ``more than 50
percent'' shall be substituted for the
phrase ``at least 80 percent'' each
place it appears in such subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of subparagraph (A) shall apply to a group of
persons under common control if 1 or more of
such persons is not a corporation.
(7) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081 of the Internal Revenue Code of 1986 on
the aviation fuel involved shall, insofar as applicable and not
inconsistent with the provisions of this subsection, apply with
respect to the floor stock taxes imposed by paragraph (1) to
the same extent as if such taxes were imposed by such section.
SEC. 804. AIR TRAFFIC CONTROL SYSTEM MODERNIZATION ACCOUNT.
(a) In General.--Section 9502 (relating to the Airport and Airway
Trust Fund) is amended by adding at the end the following new
subsection:
``(f) Establishment of Air Traffic Control System Modernization
Account.--
``(1) Creation of account.--There is established in the
Airport and Airway Trust Fund a separate account to be known as
the `Air Traffic Control System Modernization Account'
consisting of such amounts as may be transferred or credited to
the Air Traffic Control System Modernization Account as
provided in this subsection or section 9602(b).
``(2) Transfers to air traffic control system modernization
account.--On October 1, 2010, and annually thereafter the
Secretary shall transfer $400,000,000 to the Air Traffic
Control System Modernization Account from amounts appropriated
to the Airport and Airway Trust Fund under subsection (b) which
are attributable to taxes on aviation-grade kerosene.
``(3) Expenditures from account.--Amounts in the Air
Traffic Control System Modernization Account shall be available
subject to appropriation for expenditures relating to the
modernization of the air traffic control system (including
facility and equipment account expenditures).''.
(b) Conforming Amendment.--Section 9502(d)(1) is amended by
striking ``Amounts'' and inserting ``Except as provided in subsection
(f), amounts''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 805. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP PROGRAMS.
(a) Fuel Surtax.--
(1) In general.--Subchapter B of chapter 31 is amended by
adding at the end the following new section:
``SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF A FRACTIONAL
OWNERSHIP PROGRAM.
``(a) In General.--There is hereby imposed a tax on any liquid used
during any calendar quarter by any person as a fuel in an aircraft
which is--
``(1) registered in the United States, and
``(2) part of a fractional ownership aircraft program.
``(b) Amount of Tax.--The rate of tax imposed by subsection (a) is
14.1 cents per gallon.
``(c) Fractional Ownership Aircraft Program.--For purposes of this
section--
``(1) In general.--The term `fractional ownership aircraft
program' means a program under which--
``(A) a single fractional ownership program manager
provides fractional ownership program management
services on behalf of the fractional owners,
``(B) 2 or more airworthy aircraft are part of the
program,
``(C) there are 1 or more fractional owners per
program aircraft, with at least 1 program aircraft
having more than 1 owner,
``(D) each fractional owner possesses at least a
minimum fractional ownership interest in 1 or more
program aircraft,
``(E) there exists a dry-lease exchange arrangement
among all of the fractional owners, and
``(F) there are multi-year program agreements
covering the fractional ownership, fractional ownership
program management services, and dry-lease aircraft
exchange aspects of the program.
``(2) Minimum fractional ownership interest.--
``(A) In general.--The term `minimum fractional
ownership interest' means, with respect to each type of
aircraft--
``(i) a fractional ownership interest equal
to or greater than \1/16\ of at least 1
subsonic, fixed wing or powered lift program
aircraft, or
``(ii) a fractional ownership interest
equal to or greater than \1/32\ of a least 1
rotorcraft program aircraft.
``(B) Fractional ownership interest.--The term
`fractional ownership interest' means--
``(i) the ownership of an interest in a
program aircraft,
``(ii) the holding of a multi-year
leasehold interest in a program aircraft, or
``(iii) the holding of a multi-year
leasehold interest which is convertible into an
ownership interest in a program aircraft.
``(3) Dry-lease exchange arrangement.--A `dry-lease
aircraft exchange' means an agreement, documented by the
written program agreements, under which the program aircraft
are available, on an as needed basis without crew, to each
fractional owner.
``(d) Termination.--This section shall not apply to liquids used as
a fuel in an aircraft after September 30, 2013.''.
(2) Conforming amendment.--Section 4082(e) is amended by
inserting ``(other than an aircraft described in section
4043(a))'' after ``an aircraft''.
(3) Transfer of revenues to airport and airway trust
fund.--Section 9502(b)(1) is amended by redesignating
subparagraphs (B) and (C) as subparagraphs (C) and (D),
respectively, and by inserting after subparagraph (A) the
following new subparagraph:
``(B) section 4043 (relating to surtax on fuel used
in aircraft part of a fractional ownership program),''.
(4) Clerical amendment.--The table of sections for
subchapter B of chapter 31 is amended by adding at the end the
following new item:
``Sec. 4043. Surtax on fuel used in aircraft part of a fractional
ownership program.''.
(b) Fractional Ownership Programs Treated as Non-commercial
Aviation.--Subsection (b) of section 4083 is amended by adding at the
end the following new sentence: ``For uses of aircraft before October
1, 2013, such term shall not include the use of any aircraft which is
part of a fractional ownership aircraft program (as defined by section
4043(c)).''.
(c) Exemption From Tax on Transportation of Persons.--Section 4261,
as amended by this Act, is amended by redesignating subsection (j) as
subsection (k) and by inserting after subsection (i) the following new
subsection:
``(j) Exemption for Aircraft in Fractional Ownership Aircraft
Programs.--No tax shall be imposed by this section or section 4271 on
any air transportation provided before October 1, 2013, by an aircraft
which is part of a fractional ownership aircraft program (as defined by
section 4043(c)).''.
(d) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to fuel used after June 30, 2010.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to uses of aircraft after June 30, 2010.
(3) Subsection (c).--The amendments made by subsection (c)
shall apply to taxable transportation provided after June 30,
2010.
SEC. 806. TERMINATION OF EXEMPTION FOR SMALL AIRCRAFT ON NONESTABLISHED
LINES.
(a) In General.--Section 4281 is amended to read as follows:
``SEC. 4281. SMALL AIRCRAFT OPERATED SOLELY FOR SIGHTSEEING.
``The taxes imposed by sections 4261 and 4271 shall not apply to
transportation by an aircraft having a maximum certificated takeoff
weight of 6,000 pounds or less at any time during which such aircraft
is being operated on a flight the sole purpose of which is sightseeing.
For purposes of the preceding sentence, the term `maximum certificated
takeoff weight' means the maximum such weight contained in the type
certificate or airworthiness certificate.''.
(b) Conforming Amendment.--The item relating to section 4281 in the
table of sections for part III of subchapter C of chapter 33 is amended
by striking ``on nonestablished lines'' and inserting ``operated solely
for sightseeing''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable transportation provided after June 30, 2010.
SEC. 807. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.
(a) In General.--Section 7275 (relating to penalty for offenses
relating to certain airline tickets and advertising) is amended--
(1) by redesignating subsection (c) as subsection (d),
(2) by striking ``subsection (a) or (b)'' in subsection
(d), as so redesignated, and inserting ``subsection (a), (b),
or (c)'', and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Non-tax Charges.--
``(1) In general.--In the case of transportation by air for
which disclosure on the ticket or advertising for such
transportation of the amounts paid for passenger taxes is
required by subsection (a)(2) or (b)(1)(B), it shall be
unlawful for the disclosure of the amount of such taxes on such
ticket or advertising to include any amounts not attributable
to the taxes imposed by subsection (a), (b), or (c) of section
4261.
``(2) Inclusion in transportation cost.--Nothing in this
subsection shall prohibit the inclusion of amounts not
attributable to the taxes imposed by subsection (a), (b), or
(c) of section 4261 in the disclosure of the amount paid for
transportation as required by subsection (a)(1) or (b)(1)(A),
or in a separate disclosure of amounts not attributable to such
taxes.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable transportation provided after June 30, 2010.
TITLE IX--BUDGETARY EFFECTS
SEC. 901. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
TITLE X--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL
REPORTING REQUIREMENT
SEC. 1001. DEFINITION.
In this title, the term ``earmark'' means the following:
(1) A congressionally directed spending item, as defined in
Rule XLIV of the Standing Rules of the Senate.
(2) A congressional earmark, as defined for purposes of
Rule XXI of the Rules of the House of Representatives.
SEC. 1002. RESCISSION.
Any earmark of funds provided for the Department of Transportation
with more than 90 percent of the appropriated amount remaining
available for obligation at the end of the 9th fiscal year following
the fiscal year in which the earmark was made available is rescinded
effective at the end of that 9th fiscal year, except that the Secretary
of Transportation may delay any such rescission if the Secretary
determines that an additional obligation of the earmark is likely to
occur during the following 12-month period.
SEC. 1003. AGENCY WIDE IDENTIFICATION AND REPORTS.
(a) Agency Identification.--Each Federal agency shall identify and
report every project that is an earmark with an unobligated balance at
the end of each fiscal year to the Director of OMB.
(b) Annual Report.--The Director of OMB shall submit to Congress
and publically post on the website of OMB an annual report that
includes--
(1) a listing and accounting for earmarks with unobligated
balances summarized by agency including the amount of the
original earmark, amount of the unobligated balance, and the
year when the funding expires, if applicable;
(2) the number of rescissions resulting from this title and
the annual savings resulting from this title for the previous
fiscal year; and
(3) a listing and accounting for earmarks provided for the
Department of Transportation scheduled to be rescinded at the
end of the current fiscal year.
Amend the title so as to read: ``An Act 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.''.
Attest:
Secretary.
111th CONGRESS
2d Session
H.R. 1586
_______________________________________________________________________
AMENDMENTS