< Back to H.R. 1586 (111th Congress, 2009–2010)

Text of the FAA Air Transportation Modernization and Safety Improvement Act

This bill was enacted after being signed by the President on August 10, 2010. The text of the bill below is as of Mar 25, 2010 (Passed the House (Engrossed) with an Amendment).

This is not the latest text of this bill.

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Source: GPO

111th CONGRESS

2d Session

In the House of Representatives, U. S.,

March 25, 2010

HOUSE AMENDMENT TO SENATE AMENDMENT:

That the House agree to the amendment of the Senate to the title of the bill (H.R. 1586) entitled An Act to impose an additional tax on bonuses received from certain TARP recipients. and be it further

That the House agree to the amendment of the Senate to the text of the aforesaid bill, with the following

In lieu of the matter proposed to be inserted by the amendment of the Senate to the text of the bill, insert the following:

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Aviation Safety and Investment Act of 2010.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Amendments to title 49, United States Code.

Sec. 3. Effective date.

Title I—Authorizations

Subtitle A—Funding of FAA Programs

Sec. 101. Airport planning and development and noise compatibility planning and programs.

Sec. 102. Air navigation facilities and equipment.

Sec. 103. FAA operations.

Sec. 104. Research, engineering, and development.

Sec. 105. Funding for aviation programs.

Subtitle B—Passenger Facility Charges

Sec. 111. PFC authority.

Sec. 112. PFC eligibility for bicycle storage.

Sec. 113. Award of architectural and engineering contracts for airside projects.

Sec. 114. Intermodal ground access project pilot program.

Sec. 115. Participation of disadvantaged business enterprises in contracts, subcontracts, and business opportunities funded using passenger facility revenues and in airport concessions.

Sec. 116. Impacts on airports of accommodating connecting passengers.

Subtitle C—Fees for FAA Services

Sec. 121. Update on overflights.

Sec. 122. Registration fees.

Subtitle D—AIP Modifications

Sec. 131. Amendments to AIP definitions.

Sec. 132. Solid waste recycling plans.

Sec. 133. Amendments to grant assurances.

Sec. 134. Government share of project costs.

Sec. 135. Amendments to allowable costs.

Sec. 136. Preference for small business concerns owned and controlled by disabled veterans.

Sec. 137. Airport disadvantaged business enterprise program.

Sec. 138. Training program for certification of disadvantaged business enterprises.

Sec. 139. Calculation of State apportionment fund.

Sec. 140. Reducing apportionments.

Sec. 141. Minimum amount for discretionary fund.

Sec. 142. Marshall Islands, Micronesia, and Palau.

Sec. 143. Use of apportioned amounts.

Sec. 144. Sale of private airport to public sponsor.

Sec. 145. Airport privatization pilot program.

Sec. 146. Airport security program.

Sec. 147. Sunset of pilot program for purchase of airport development rights.

Sec. 148. Extension of grant authority for compatible land use planning and projects by State and local governments.

Sec. 149. Repeal of limitations on Metropolitan Washington Airports Authority.

Sec. 150. Midway Island Airport.

Sec. 151. Puerto Rico minimum guarantee.

Sec. 152. Miscellaneous amendments.

Sec. 153. Airport Master Plans.

Title II—Next Generation Air Transportation System and Air Traffic Control Modernization

Sec. 201. Mission statement; sense of Congress.

Sec. 202. Next Generation Air Transportation System Joint Planning and Development Office.

Sec. 203. Next Generation Air Transportation Senior Policy Committee.

Sec. 204. Automatic dependent surveillance-broadcast services.

Sec. 205. Inclusion of stakeholders in air traffic control modernization projects.

Sec. 206. GAO review of challenges associated with transforming to the Next Generation Air Transportation System.

Sec. 207. GAO review of Next Generation Air Transportation System acquisition and procedures development.

Sec. 208. DOT inspector general review of operational and approach procedures by a third party.

Sec. 209. Expert review of enterprise architecture for Next Generation Air Transportation System.

Sec. 210. NextGen technology testbed.

Sec. 211. Clarification of authority to enter into reimbursable agreements.

Sec. 212. Definition of air navigation facility.

Sec. 213. Improved management of property inventory.

Sec. 214. Clarification to acquisition reform authority.

Sec. 215. Assistance to foreign aviation authorities.

Sec. 216. Front line manager staffing.

Sec. 217. Flight service stations.

Sec. 218. NextGen Research and Development Center of Excellence.

Sec. 219. Airspace redesign.

Title III—Safety

Subtitle A—General Provisions

Sec. 301. Judicial review of denial of airman certificates.

Sec. 302. Release of data relating to abandoned type certificates and supplemental type certificates.

Sec. 303. Inspection of foreign repair stations.

Sec. 304. Runway safety.

Sec. 305. Improved pilot licenses.

Sec. 306. Flight crew fatigue.

Sec. 307. Occupational safety and health standards for flight attendants on board aircraft.

Sec. 308. Aircraft surveillance in mountainous areas.

Sec. 309. Off-airport, low-altitude aircraft weather observation technology.

Sec. 310. Noncertificated maintenance providers.

Sec. 311. Aircraft rescue and firefighting standards.

Sec. 312. Cockpit smoke.

Sec. 313. Safety of helicopter air ambulance operations.

Sec. 314. Feasibility of requiring helicopter pilots to use night vision goggles.

Sec. 315. Study of helicopter and fixed wing air ambulance services.

Subtitle B—Unmanned Aircraft Systems

Sec. 321. Commercial unmanned aircraft systems integration plan.

Sec. 322. Special rules for certain unmanned aircraft systems.

Sec. 323. Public unmanned aircraft systems.

Sec. 324. Definitions.

Subtitle C—Safety and protections

Sec. 331. Aviation safety whistleblower investigation office.

Sec. 332. Modification of customer service initiative.

Sec. 333. Post-employment restrictions for flight standards inspectors.

Sec. 334. Assignment of principal supervisory inspectors.

Sec. 335. Headquarters review of air transportation oversight system database.

Sec. 336. Improved voluntary disclosure reporting system.

Subtitle D—Airline Safety and Pilot Training Improvement

Sec. 341. Short title.

Sec. 342. Definitions.

Sec. 343. FAA Task Force on Air Carrier Safety and Pilot Training.

Sec. 344. Implementation of NTSB flight crewmember training recommendations.

Sec. 345. Secretary of Transportation responses to safety recommendations.

Sec. 346. FAA pilot records database.

Sec. 347. FAA rulemaking on training programs.

Sec. 348. Aviation safety inspectors and operational research analysts.

Sec. 349. Flight crewmember mentoring, professional development, and leadership.

Sec. 350. Flight crewmember screening and qualifications.

Sec. 351. Airline transport pilot certification.

Sec. 352. Flight schools, flight education, and pilot academic training.

Sec. 353. Voluntary safety programs.

Sec. 354. ASAP and FOQA implementation plan.

Sec. 355. Safety management systems.

Sec. 356. Disclosure of air carriers operating flights for tickets sold for air transportation.

Sec. 357. Pilot fatigue.

Sec. 358. Flight crewmember pairing and crew resource management techniques.

Title IV—Air service improvements

Sec. 401. Smoking prohibition.

Sec. 402. Monthly air carrier reports.

Sec. 403. Flight operations at Reagan National Airport.

Sec. 404. EAS contract guidelines.

Sec. 405. Essential air service reform.

Sec. 406. Small community air service.

Sec. 407. Air passenger service improvements.

Sec. 408. Contents of competition plans.

Sec. 409. Extension of competitive access reports.

Sec. 410. Contract tower program.

Sec. 411. Airfares for members of the Armed Forces.

Sec. 412. Repeal of essential air service local participation program.

Sec. 413. Adjustment to subsidy cap to reflect increased fuel costs.

Sec. 414. Notice to communities prior to termination of eligibility for subsidized essential air service.

Sec. 415. Restoration of eligibility to a place determined by the Secretary to be ineligible for subsidized essential air service.

Sec. 416. Office of Rural Aviation.

Sec. 417. Adjustments to compensation for significantly increased costs.

Sec. 418. Review of air carrier flight delays, cancellations, and associated causes.

Sec. 419. European Union rules for passenger rights.

Sec. 420. Establishment of advisory committee for aviation consumer protection.

Sec. 421. Denied boarding compensation.

Sec. 422. Compensation for delayed baggage.

Sec. 423. Schedule reduction.

Sec. 424. Expansion of DOT airline consumer complaint investigations.

Sec. 425. Prohibitions against voice communications using mobile communications devices on scheduled flights.

Sec. 426. Antitrust exemptions.

Sec. 427. Musical instruments.

Title V—Environmental stewardship and streamlining

Sec. 501. Amendments to air tour management program.

Sec. 502. State block grant program.

Sec. 503. Airport funding of special studies or reviews.

Sec. 504. Grant eligibility for assessment of flight procedures.

Sec. 505. Determination of fair market value of residential properties.

Sec. 506. Soundproofing of residences.

Sec. 507. CLEEN research, development, and implementation partnership.

Sec. 508. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels.

Sec. 509. Environmental mitigation pilot program.

Sec. 510. Aircraft departure queue management pilot program.

Sec. 511. High performance and sustainable air traffic control facilities.

Sec. 512. Regulatory responsibility for aircraft engine noise and emissions standards.

Sec. 513. Cabin air quality technology.

Sec. 514. Sense of Congress.

Sec. 515. Airport noise compatibility planning study, Port Authority of New York and New Jersey.

Sec. 516. GAO study on compliance with FAA record of decision.

Sec. 517. Westchester County Airport, New York.

Sec. 518. Aviation noise complaints.

Title VI—FAA Employees and Organization

Sec. 601. Federal Aviation Administration personnel management system.

Sec. 602. Merit system principles and prohibited personnel practices.

Sec. 603. Applicability of back pay requirements.

Sec. 604. FAA technical training and staffing.

Sec. 605. Designee program.

Sec. 606. Staffing model for aviation safety inspectors.

Sec. 607. Safety critical staffing.

Sec. 608. FAA air traffic controller staffing.

Sec. 609. Assessment of training programs for air traffic controllers.

Sec. 610. Collegiate training initiative study.

Sec. 611. FAA Task Force on Air Traffic Control Facility Conditions.

Title VII—Aviation Insurance

Sec. 701. General authority.

Sec. 702. Extension of authority to limit third party liability of air carriers arising out of acts of terrorism.

Sec. 703. Clarification of reinsurance authority.

Sec. 704. Use of independent claims adjusters.

Sec. 705. Extension of program authority.

Title VIII—Miscellaneous

Sec. 801. Air carrier citizenship.

Sec. 802. Disclosure of data to Federal agencies in interest of national security.

Sec. 803. FAA access to criminal history records and database systems.

Sec. 804. Clarification of air carrier fee disputes.

Sec. 805. Study on national plan of integrated airport systems.

Sec. 806. Express carrier employee protection.

Sec. 807. Consolidation and realignment of FAA facilities.

Sec. 808. Accidental death and dismemberment insurance for National Transportation Safety Board employees.

Sec. 809. GAO study on cooperation of airline industry in international child abduction cases.

Sec. 810. Lost Nation Airport, Ohio.

Sec. 811. Pollock Municipal Airport, Louisiana.

Sec. 812. Human intervention and motivation study program.

Sec. 813. Washington, DC, Air Defense Identification Zone.

Sec. 814. Merrill Field Airport, Anchorage, Alaska.

Sec. 815. 1940 Air Terminal Museum at William P. Hobby Airport, Houston, Texas.

Sec. 816. Duty periods and flight time limitations applicable to flight crewmembers.

Sec. 817. Pilot program for redevelopment of airport properties.

Sec. 818. Helicopter operations over Long Island and Staten Island, New York.

Sec. 819. Cabin temperature and humidity standards study.

Sec. 820. Civil penalties technical amendments.

Sec. 821. Study and report on alleviating congestion.

Sec. 822. Airline personnel training enhancement.

Sec. 823. Study on Feasibility of Development of a Public Internet Web-based Search Engine on Wind Turbine Installation Obstruction.

Sec. 824. FAA radar signal locations.

Sec. 825. Wind turbine lighting.

Sec. 826. Prohibition on use of certain funds.

Sec. 827. Limiting access to flight decks of all-cargo aircraft.

Sec. 828. Whistleblowers at FAA.

Sec. 829. College Point Marine Transfer Station, New York.

Sec. 830. Pilot training and certification.

Sec. 831. St. George, Utah.

Sec. 832. Replacement of terminal radar approach control at Palm Beach International Airport.

Sec. 833. Santa Monica Airport, California.

Title IX—Federal Aviation Research and Development

Sec. 901. Short title.

Sec. 902. Definitions.

Sec. 903. Interagency research initiative on the impact of aviation on the climate.

Sec. 904. Research program on runways.

Sec. 905. Research on design for certification.

Sec. 906. Centers of excellence.

Sec. 907. Airport cooperative research program.

Sec. 908. Unmanned aircraft systems.

Sec. 909. Research grants program involving undergraduate students.

Sec. 910. Aviation gas research and development program.

Sec. 911. Review of FAA’s Energy- and Environment-Related Research Programs.

Sec. 912. Review of FAA’s aviation safety-related research programs.

Sec. 913. Research program on alternative jet fuel technology for civil aircraft.

Sec. 914. Center for excellence in aviation employment.

Title X—Airport and Airway Trust Fund Financing

Sec. 1001. Short title.

Sec. 1002. Extension and modification of taxes funding airport and airway trust fund.

Title XI—Compliance With Statutory Pay-As-You-Go Act of 2010

Sec. 1101. Compliance provision.

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.

3.

Effective date

Except as otherwise expressly provided, this Act and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 2008.

I

Authorizations

A

Funding of FAA Programs

101.

Airport planning and development and noise compatibility planning and programs

(a)

Authorization

Section 48103 is amended—

(1)

by striking September 30, 2003 and inserting September 30, 2008; and

(2)

by striking paragraphs (1) through (6) and inserting the following:

(1)

$4,000,000,000 for fiscal year 2010;

(2)

$4,100,000,000 for fiscal year 2011; and

(3)

$4,200,000,000 for fiscal year 2012.

.

(b)

Allocations of funds

Section 48103 is amended—

(1)

by striking The total amounts and inserting (a) Availability of amounts.—The total amounts; and

(2)

by adding at the end the following:

(b)

Airport cooperative research program

Of the amounts made available under subsection (a), $15,000,000 for each of fiscal years 2010 through 2012 may be used for carrying out the Airport Cooperative Research Program.

(c)

Airports technology research

Of the amounts made available under subsection (a), $19,348,000 for each of fiscal years 2010 through 2012 may be used for carrying out airports technology research.

.

(c)

Obligational authority

Section 47104(c) is amended by striking September 30, 2009 and inserting September 30, 2012.

(d)

Rescission of unobligated balances

Of the amounts authorized under sections 48103 and 48112 of title 49, United States Code, for fiscal year 2009, $305,500,000 are hereby rescinded. Of the unobligated balances from funds available under such sections for fiscal years prior to fiscal year 2009, $102,000,000 are hereby rescinded.

102.

Air navigation facilities and equipment

(a)

Authorization of appropriations

Section 48101(a) is amended by striking paragraphs (1) through (5) and inserting the following:

(1)

$3,259,000,000 for fiscal year 2010.

(2)

$3,353,000,000 for fiscal year 2011.

(3)

$3,506,000,000 for fiscal year 2012.

.

(b)

Use of funds

Section 48101 is amended by striking subsections (c) through (i) and inserting the following:

(c)

Wake vortex mitigation

Of amounts appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2010 through 2012 may be used for the development and analysis of wake vortex mitigation, including advisory systems.

(d)

Weather hazards

(1)

In general

Of amounts appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2010 through 2012 may be used for the development of in-flight and ground-based weather threat mitigation systems, including ground de-icing and anti-icing systems and other systems for predicting, detecting, and mitigating the effects of certain weather conditions on both airframes and engines.

(2)

Specific hazards

Weather conditions referred to in paragraph (1) include—

(A)

ground-based icing threats such as ice pellets and freezing drizzle;

(B)

oceanic weather, including convective weather, and other hazards associated with oceanic operations (where commercial traffic is high and only rudimentary satellite sensing is available) to reduce the hazards presented to commercial aviation, including convective weather ice crystal ingestion threats; and

(C)

en route turbulence prediction.

(e)

Safety management systems

Of amounts appropriated under subsection (a) and section 106(k)(1), such sums as may be necessary for each of fiscal years 2010 through 2012 may be used to advance the development and implementation of safety management systems.

(f)

Runway incursion reduction programs

Of amounts appropriated under subsection (a), $12,000,000 for fiscal year 2010, $12,000,000 for fiscal year 2011, and $12,000,000 for fiscal year 2012 may be used for the development and implementation of runway incursion reduction programs.

(g)

Runway status lights

Of amounts appropriated under subsection (a), $125,000,000 for fiscal year 2010, $100,000,000 for 2011, and $50,000,000 for fiscal year 2012 may be used for the acquisition and installation of runway status lights.

(h)

NextGen systems development programs

Of amounts appropriated under subsection (a), $102,900,000 for fiscal year 2010, $104,000,000 for fiscal year 2011, and $105,300,000 for fiscal year 2012 may be used for systems development activities associated with NextGen.

(i)

NextGen demonstration programs

Of amounts appropriated under subsection (a), $30,000,000 for fiscal year 2010, $30,000,000 for fiscal year 2011, and $30,000,000 for fiscal year 2012 may be used for demonstration activities associated with NextGen.

(j)

Center for Advanced Aviation System Development

Of amounts appropriated under subsection (a), $79,000,000 for fiscal year 2010, $79,000,000 for fiscal year 2011, and $80,800,000 for fiscal year 2012 may be used for the Center for Advanced Aviation System Development.

(k)

Additional programs

Of amounts appropriated under subsection (a), $22,500,000 for fiscal year 2010, $22,500,000 for fiscal year 2011, and $22,500,000 for fiscal year 2012 may be used for—

(1)

system capacity, planning, and improvement;

(2)

operations concept validation;

(3)

NAS weather requirements; and

(4)

Airspace Management Lab.

.

103.

FAA operations

(a)

In general

Section 106(k)(1) is amended by striking subparagraphs (A) through (E) and inserting the following:

(A)

$9,531,272,000 for fiscal year 2010;

(B)

$9,936,259,000 for fiscal year 2011; and

(C)

$10,350,155,000 for fiscal year 2012.

.

(b)

Authorized expenditures

Section 106(k)(2) is amended—

(1)

by striking subparagraph (A) and inserting the following:

(A)

Such sums as may be necessary for fiscal years 2010 through 2012 to support development and maintenance of helicopter approach procedures, including certification and recertification of instrument flight rule, global positioning system, and point-in-space approaches to heliports necessary to support all weather, emergency services.

;

(2)

by striking subparagraphs (B), (C), and (D);

(3)

by redesignating subparagraphs (E), (F), and (G) as subparagraphs (B), (C), and (D), respectively; and

(4)

in subparagraphs (B), (C), and (D) (as so redesignated) by striking 2004 through 2007 and inserting 2010 through 2012.

(c)

Airline data and analysis

There is authorized to be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established by section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to fund airline data collection and analysis by the Bureau of Transportation Statistics in the Research and Innovative Technology Administration of the Department of Transportation $6,000,000 for each of fiscal years 2010, 2011, and 2012.

104.

Research, engineering, and development

Section 48102(a) is amended—

(1)

in paragraph (11)—

(A)

in subparagraph (K) by inserting and at the end; and

(B)

in subparagraph (L) by striking and at the end;

(2)

in paragraph (12)(L) by striking and at the end; and

(3)

by striking paragraph (13) and inserting the following:

(13)

for fiscal year 2010, $214,587,000, including—

(A)

$8,546,000 for fire research and safety;

(B)

$4,075,000 for propulsion and fuel systems;

(C)

$2,965,000 for advanced materials and structural safety;

(D)

$4,921,000 for atmospheric hazards and digital system safety;

(E)

$14,688,000 for aging aircraft;

(F)

$2,153,000 for aircraft catastrophic failure prevention research;

(G)

$11,000,000 for flightdeck maintenance, system integration, and human factors;

(H)

$12,589,000 for aviation safety risk analysis;

(I)

$15,471,000 for air traffic control, technical operations, and human factors;

(J)

$8,699,000 for aeromedical research;

(K)

$23,286,000 for weather program;

(L)

$6,236,000 for unmanned aircraft systems research;

(M)

$18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office;

(N)

$10,412,000 for wake turbulence;

(O)

$10,400,000 for NextGen—Air ground integration;

(P)

$8,000,000 for NextGen—Self separation;

(Q)

$7,567,000 for NextGen—Weather technology in the cockpit;

(R)

$20,278,000 for environment and energy;

(S)

$19,700,000 for NextGen—Environmental research—Aircraft technologies, fuels, and metrics;

(T)

$1,827,000 for system planning and resource management; and

(U)

$3,674,000 for the William J. Hughes Technical Center Laboratory Facility;

(14)

for fiscal year 2011, $225,993,000, including—

(A)

$8,815,000 for fire research and safety;

(B)

$4,150,000 for propulsion and fuel systems;

(C)

$2,975,000 for advanced materials and structural safety;

(D)

$4,949,000 for atmospheric hazards and digital system safety;

(E)

$14,903,000 for aging aircraft;

(F)

$2,181,000 for aircraft catastrophic failure prevention research;

(G)

$12,000,000 for flightdeck maintenance, system integration, and human factors;

(H)

$12,497,000 for aviation safety risk analysis;

(I)

$15,715,000 for air traffic control, technical operations, and human factors;

(J)

$8,976,000 for aeromedical research;

(K)

$23,638,000 for weather program;

(L)

$6,295,000 for unmanned aircraft systems research;

(M)

$18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office;

(N)

$10,471,000 for wake turbulence;

(O)

$10,600,000 for NextGen—Air ground integration;

(P)

$8,300,000 for NextGen—Self separation;

(Q)

$8,345,000 for NextGen—Weather technology in the cockpit;

(R)

$27,075,000 for environment and energy;

(S)

$20,368,000 for NextGen—Environmental research—Aircraft technologies, fuels, and metrics;

(T)

$1,836,000 for system planning and resource management; and

(U)

$3,804,000 for the William J. Hughes Technical Center Laboratory Facility; and

(15)

for fiscal year 2012, $244,860,000, including—

(A)

$8,957,000 for fire research and safety;

(B)

$4,201,000 for propulsion and fuel systems;

(C)

$2,986,000 for advanced materials and structural safety;

(D)

$4,979,000 for atmospheric hazards and digital system safety;

(E)

$15,013,000 for aging aircraft;

(F)

$2,192,000 for aircraft catastrophic failure prevention research;

(G)

$12,000,000 for flightdeck maintenance, system integration, and human factors;

(H)

$12,401,000 for aviation safety risk analysis;

(I)

$16,000,000 for air traffic control, technical operations, and human factors;

(J)

$9,267,000 for aeromedical research;

(K)

$23,800,000 for weather program;

(L)

$6,400,000 for unmanned aircraft systems research;

(M)

$18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office;

(N)

$10,471,000 for wake turbulence;

(O)

$10,800,000 for NextGen—Air ground integration;

(P)

$8,500,000 for NextGen—Self separation;

(Q)

$8,569,000 for NextGen—Weather technology in the cockpit;

(R)

$44,409,000 for environment and energy;

(S)

$20,034,000 for NextGen—Environmental research—Aircraft technologies, fuels, and metrics;

(T)

$1,840,000 for system planning and resource management; and

(U)

$3,941,000 for the William J. Hughes Technical Center Laboratory Facility.

.

105.

Funding for aviation programs

(a)

Airport and Airway Trust Fund guarantee

Section 48114(a)(1)(A) is amended to read as follows:

(A)

In general

The total budget resources made available from the Airport and Airway Trust Fund each fiscal year through fiscal year 2012 pursuant to sections 48101, 48102, 48103, and 106(k) shall—

(i)

in fiscal year 2010, be equal to 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and

(ii)

in each of fiscal years 2011 and 2012, be equal to the sum of—

(I)

90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and

(II)

the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the second preceding fiscal year minus the total amount made available for obligation from the Airport and Airway Trust Fund for the second preceding fiscal year.

Such amounts may be used only for aviation investment programs listed in subsection (b).

.

(b)

Additional authorizations of appropriations from the general fund

Section 48114(a)(2) is amended by striking 2007 and inserting 2012.

(c)

Estimated level of receipts plus interest defined

Section 48114(b)(2) is amended—

(1)

in the paragraph heading by striking Level and inserting Estimated level; and

(2)

by striking level of receipts plus interest and inserting estimated level of receipts plus interest.

(d)

Enforcement of guarantees

Section 48114(c)(2) is amended by striking 2007 and inserting 2012.

B

Passenger Facility Charges

111.

PFC authority

(a)

PFC defined

Section 40117(a)(5) is amended to read as follows:

(5)

Passenger facility charge

The term passenger facility charge means a charge or fee imposed under this section.

.

(b)

Increase in PFC maximum level

Section 40117(b)(4) is amended by striking $4.00 or $4.50 and inserting $4.00, $4.50, $5.00, $6.00, or $7.00.

(c)

Pilot program for PFC at nonhub airports

Section 40117(l) is amended—

(1)

by striking paragraph (7); and

(2)

by redesignating paragraph (8) as paragraph (7).

(d)

Correction of references

(1)

Section 40117

Section 40117 is amended—

(A)

in the section heading by striking fees and inserting charges;

(B)

in the heading for subsection (e) by striking Fees and inserting Charges;

(C)

in the heading for subsection (l) by striking Fee and inserting Charge;

(D)

in the heading for paragraph (5) of subsection (l) by striking fee and inserting charge;

(E)

in the heading for subsection (m) by striking Fees and inserting Charges;

(F)

in the heading for paragraph (1) of subsection (m) by striking fees and inserting charges;

(G)

by striking fee each place it appears (other than the second sentence of subsection (g)(4)) and inserting charge; and

(H)

by striking fees each place it appears and inserting charges.

(2)

Other references

Subtitle VII is amended by striking fee and inserting charge each place it appears in each of the following sections:

(A)

Section 47106(f)(1).

(B)

Section 47110(e)(5).

(C)

Section 47114(f).

(D)

Section 47134(g)(1).

(E)

Section 47139(b).

(F)

Section 47524(e).

(G)

Section 47526(2).

112.

PFC eligibility for bicycle storage

(a)

In general

Section 40117(a)(3) is amended by adding at the end the following:

(H)

A project to construct secure bicycle storage facilities that are to be used by passengers at the airport and that are in compliance with applicable security standards.

.

(b)

Report to Congress

Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a report on the progress being made by airports to install bicycle parking for airport customers and airport employees.

113.

Award of architectural and engineering contracts for airside projects

(a)

In general

Section 40117(d) is amended—

(1)

by striking and at the end of paragraph (3);

(2)

by striking the period at the end of paragraph (4) and inserting ; and; and

(3)

by adding at the end the following:

(5)

in the case of an application to finance a project to meet the airside needs of the airport, the application includes written assurances, satisfactory to the Secretary, that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services will be awarded in the same way that a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement prescribed for or by the eligible agency.

.

(b)

Applicability

The amendment made by subsection (a) shall apply to an application submitted to the Secretary of Transportation by an eligible agency under section 40117 of title 49, United States Code, after the date of enactment of this Act.

114.

Intermodal ground access project pilot program

Section 40117 is amended by adding at the end the following:

(n)

Pilot program for PFC eligibility for intermodal ground access projects

(1)

PFC eligibility

Subject to the requirements of this subsection, the Secretary shall establish a pilot program under which the Secretary may authorize, at no more than 5 airports, a passenger facility charge imposed under subsection (b)(1) or (b)(4) to be used to finance the eligible cost of an intermodal ground access project.

(2)

Intermodal ground access project defined

In this section, the term intermodal ground access project means a project for constructing a local facility owned or operated by an eligible agency that is directly and substantially related to the movement of passengers or property traveling in air transportation.

(3)

Eligible costs

(A)

In general

For purposes of paragraph (1), the eligible cost of an intermodal ground access project shall be the total cost of the project multiplied by the ratio that—

(i)

the number of individuals projected to use the project to gain access to or depart from the airport; bears to

(ii)

the total number of the individuals projected to use the facility.

(B)

Determinations regarding projected project use

(i)

In general

Except as provided by clause (ii), the Secretary shall determine the projected use of a project for purposes of subparagraph (A) at the time the project is approved under this subsection.

(ii)

Public transportation projects

In the case of a project approved under this section to be financed in part using funds administered by the Federal Transit Administration, the Secretary shall use the travel forecasting model for the project at the time such project is approved by the Federal Transit Administration to enter preliminary engineering to determine the projected use of the project for purposes of subparagraph (A).

.

115.

Participation of disadvantaged business enterprises in contracts, subcontracts, and business opportunities funded using passenger facility revenues and in airport concessions

Section 40117 (as amended by this Act) is further amended by adding at the end the following:

(o)

Participation by disadvantaged business enterprises

(1)

Applicability of requirements

Except to the extent otherwise provided by the Secretary, requirements relating to disadvantaged business enterprises, as set forth in parts 23 and 26 of title 49, Code of Federal Regulations (or a successor regulation), shall apply to an airport collecting passenger facility revenue.

(2)

Regulations

The Secretary shall issue any regulations necessary to implement this subsection, including—

(A)

goal setting requirements for an eligible agency to ensure that contracts, subcontracts, and business opportunities funded using passenger facility revenues, and airport concessions, are awarded consistent with the levels of participation of disadvantaged business enterprises and airport concessions disadvantaged business enterprises that would be expected in the absence of discrimination;

(B)

provision for an assurance that requires that an eligible agency will not discriminate on the basis of race, color, national origin, or sex in the award and performance of any contract funded using passenger facility revenues; and

(C)

a requirement that an eligible agency will take all necessary and reasonable steps to ensure nondiscrimination in the award and administration of contracts funded using passenger facility revenues.

(3)

Effective date

Paragraph (1) shall take effect on the day following the date on which the Secretary issues final regulations under paragraph (2).

(4)

Definitions

In this subsection, the following definitions apply:

(A)

Airport concessions disadvantaged business enterprise

The term airport concessions disadvantaged business enterprise has the meaning given that term in part 23 of title 49, Code of Federal Regulations (or a successor regulation).

(B)

Disadvantaged business enterprise

The term disadvantaged business enterprise has the meaning given that term in part 26 of title 49, Code of Federal Regulations (or a successor regulation).

.

116.

Impacts on airports of accommodating connecting passengers

(a)

Study

Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall initiate a study to evaluate—

(1)

the impacts on airports of accommodating connecting passengers; and

(2)

the treatment of airports at which the majority of passengers are connecting passengers under the passenger facility charge program authorized by section 40117 of title 49, United States Code.

(b)

Contents of study

In conducting the study, the Secretary shall review, at a minimum, the following:

(1)

the differences in facility needs, and the costs for constructing, maintaining, and operating those facilities, for airports at which the majority of passengers are connecting passengers as compared to airports at which the majority of passengers are originating and destination passengers;

(2)

whether the costs to an airport of accommodating additional connecting passengers differs from the cost of accommodating additional originating and destination passengers;

(3)

for each airport charging a passenger facility charge, the percentage of passenger facility charge revenue attributable to connecting passengers and the percentage of such revenue attributable to originating and destination passengers;

(4)

the potential effects on airport revenues of requiring airports to charge different levels of passenger facility charges on connecting passengers and originating and destination passengers; and

(5)

the added costs to air carriers of collecting passenger facility charges under a system in which different levels of passenger facility charges are imposed on connecting passengers and originating and destination passengers.

(c)

Report to Congress

(1)

In general

Not later than 1 year after the date of initiation of the study, the Secretary shall submit to Congress a report on the results of the study.

(2)

Contents

The report shall include—

(A)

the findings of the Secretary on each of the subjects listed in subsection (b); and

(B)

recommendations, if any, of the Secretary based on the results of the study for any changes to the passenger facility charge program, including recommendations as to whether different levels of passenger facility charges should be imposed on connecting passengers and originating and destination passengers.

C

Fees for FAA Services

121.

Update on overflights

(a)

Establishment and adjustment of fees

Section 45301(b) is amended to read as follows:

(b)

Establishment and adjustment of fees

(1)

In general

In establishing and adjusting fees under subsection (a), the Administrator shall ensure that the fees are reasonably related to the Administration’s costs, as determined by the Administrator, of providing the services rendered. Services for which costs may be recovered include the costs of air traffic control, navigation, weather services, training, and emergency services which are available to facilitate safe transportation over the United States and the costs of other services provided by the Administrator, or by programs financed by the Administrator, to flights that neither take off nor land in the United States. The determination of such costs by the Administrator, and the allocation of such costs by the Administrator to services provided, are not subject to judicial review.

(2)

Adjustment of fees

The Administrator shall adjust the overflight fees established by subsection (a)(1) by expedited rulemaking and begin collections under the adjusted fees by May 1, 2010. In developing the adjusted overflight fees, the Administrator may seek and consider the recommendations offered by an aviation rulemaking committee for overflight fees that are provided to the Administrator by September 1, 2009, and are intended to ensure that overflight fees are reasonably related to the Administrator’s costs of providing air traffic control and related services to overflights.

(3)

Aircraft altitude

Nothing in this section shall require the Administrator to take into account aircraft altitude in establishing any fee for aircraft operations in en route or oceanic airspace.

(4)

Costs defined

In this subsection, the term costs includes those costs associated with the operation, maintenance, leasing costs, and overhead expenses of the services provided and the facilities and equipment used in such services, including the projected costs for the period during which the services will be provided.

(5)

Publication; comment

The Administrator shall publish in the Federal Register any fee schedule under this section, including any adjusted overflight fee schedule, and the associated collection process as an interim final rule, pursuant to which public comment will be sought and a final rule issued.

.

(b)

Adjustments

Section 45301 is amended by adding at the end the following:

(e)

Adjustments

In addition to adjustments under subsection (b), the Administrator may periodically adjust the fees established under this section.

.

122.

Registration fees

(a)

In general

Chapter 453 is amended by adding at the end the following:

45305.

Registration, certification, and related fees

(a)

General authority and fees

Subject to subsection (b), the Administrator of the Federal Aviation Administration shall establish the following fees for services and activities of the Administration:

(1)

$130 for registering an aircraft.

(2)

$45 for replacing an aircraft registration.

(3)

$130 for issuing an original dealer’s aircraft certificate.

(4)

$105 for issuing an aircraft certificate (other than an original dealer’s aircraft certificate).

(5)

$80 for issuing a special registration number.

(6)

$50 for issuing a renewal of a special registration number.

(7)

$130 for recording a security interest in an aircraft or aircraft part.

(8)

$50 for issuing an airman certificate.

(9)

$25 for issuing a replacement airman certificate.

(10)

$42 for issuing an airman medical certificate.

(11)

$100 for providing a legal opinion pertaining to aircraft registration or recordation.

(b)

Limitation on collection

No fee may be collected under this section unless the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act.

(c)

Fees credited as offsetting collections

(1)

In general

Notwithstanding section 3302 of title 31, any fee authorized to be collected under this section shall—

(A)

be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;

(B)

be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and

(C)

remain available until expended.

(2)

Continuing appropriations

The Administrator may continue to assess, collect, and spend fees established under this section during any period in which the funding for the Federal Aviation Administration is provided under an Act providing continuing appropriations in lieu of the Administration’s regular appropriations.

(3)

Adjustments

The Administrator shall periodically adjust the fees established by subsection (a) when cost data from the cost accounting system developed pursuant to section 45303(e) reveal that the cost of providing the service is higher or lower than the cost data that were used to establish the fee then in effect.

.

(b)

Clerical amendment

The analysis for chapter 453 is amended by adding at the end the following:

45305. Registration, certification, and related fees.

.

(c)

Fees involving aircraft not providing air transportation

Section 45302(e) is amended—

(1)

by striking A fee and inserting the following:

(1)

In general

A fee

; and

(2)

by adding at the end the following:

(2)

Effect of imposition of other fees

A fee may not be imposed for a service or activity under this section during any period in which a fee for the same service or activity is imposed under section 45305.

.

D

AIP Modifications

131.

Amendments to AIP definitions

(a)

Airport development

Section 47102(3) is amended—

(1)

in subparagraph (B)(iv) by striking 20 and inserting 9; and

(2)

by adding at the end the following:

(M)

construction of mobile refueler parking within a fuel farm at a nonprimary airport meeting the requirements of section 112.8 of title 40, Code of Federal Regulations.

(N)

terminal development under section 47119(a).

(O)

acquiring and installing facilities and equipment to provide air conditioning, heating, or electric power from terminal-based, non-exclusive use facilities to aircraft parked at a public use airport for the purpose of reducing energy use or harmful emissions as compared to the provision of such air conditioning, heating, or electric power from aircraft-based systems.

.

(b)

Airport planning

Section 47102(5) is amended by inserting before the period at the end the following: , developing an environmental management system.

(c)

General aviation airport

Section 47102 is amended—

(1)

by redesignating paragraphs (23) through (25) as paragraphs (25) through (27), respectively;

(2)

by redesignating paragraphs (8) through (22) as paragraphs (9) through (23), respectively; and

(3)

by inserting after paragraph (7) the following:

(8)

general aviation airport means a public airport that is located in a State and that, as determined by the Secretary—

(A)

does not have scheduled service; or

(B)

has scheduled service with less than 2,500 passenger boardings each year.

.

(d)

Revenue producing aeronautical support facilities

Section 47102 is amended by inserting after paragraph (23) (as redesignated by subsection (c)(2) of this section) the following:

(24)

revenue producing aeronautical support facilities means fuel farms, hangar buildings, self-service credit card aeronautical fueling systems, airplane wash racks, major rehabilitation of a hangar owned by a sponsor, or other aeronautical support facilities that the Secretary determines will increase the revenue producing ability of the airport.

.

(e)

Terminal development

Section 47102 is further amended by adding at the end the following:

(28)

terminal development means—

(A)

development of—

(i)

an airport passenger terminal building, including terminal gates;

(ii)

access roads servicing exclusively airport traffic that leads directly to or from an airport passenger terminal building; and

(iii)

walkways that lead directly to or from an airport passenger terminal building; and

(B)

the cost of a vehicle described in section 47119(a)(1)(B).

.

132.

Solid waste recycling plans

(a)

Airport planning

Section 47102(5) (as amended by section 131(b) of this Act) is amended by inserting before the period at the end the following: , and planning to minimize the generation of, and to recycle, airport solid waste in a manner that is consistent with applicable State and local recycling laws.

(b)

Master plan

Section 47106(a) is amended—

(1)

by striking and at the end of paragraph (4);

(2)

by striking the period at the end of paragraph (5) and inserting ; and; and

(3)

by adding at the end the following:

(6)

in any case in which the project is for an airport that has an airport master plan, the master plan addresses the feasibility of solid waste recycling at the airport and minimizing the generation of solid waste at the airport.

.

133.

Amendments to grant assurances

(a)

General written assurances

Section 47107(a)(16)(D)(ii) is amended by inserting before the semicolon at the end the following: , except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 47110(d).

(b)

Written assurances on acquiring land

(1)

Use of proceeds

Section 47107(c)(2)(A)(iii) is amended by striking paid to the Secretary and all that follows before the semicolon and inserting reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4).

(2)

Eligible projects

Section 47107(c) is amended by adding at the end the following:

(4)

Priorities for reinvestment

In approving the reinvestment or transfer of proceeds under subsection (c)(2)(A)(iii), the Secretary shall give preference, in descending order, to the following actions:

(A)

Reinvestment in an approved noise compatibility project.

(B)

Reinvestment in an approved project that is eligible for funding under section 47117(e).

(C)

Reinvestment in an approved airport development project that is eligible for funding under section 47114, 47115, or 47117.

(D)

Transfer to a sponsor of another public airport to be reinvested in an approved noise compatibility project at such airport.

(E)

Payment to the Secretary for deposit in the Airport and Airway Trust Fund.

.

(c)

Clerical amendment

Section 47107(c)(2)(B)(iii) is amended by striking the Fund and inserting the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).

134.

Government share of project costs

Section 47109 is amended—

(1)

in subsection (a) by striking provided in subsection (b) or subsection (c) of this section and inserting otherwise specifically provided in this section; and

(2)

by adding at the end the following:

(e)

Special rule for transition from small hub to medium hub status

If the status of a small hub airport changes to a medium hub airport, the Government’s share of allowable project costs for the airport may not exceed 90 percent for the first 2 fiscal years following such change in hub status.

(f)

Special rule for economically depressed communities

The Government’s share of allowable project costs shall be 95 percent for a project at an airport that—

(1)

is receiving subsidized air service under subchapter II of chapter 417; and

(2)

is located in an area that meets one or more of the criteria established in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)), as determined by the Secretary of Commerce.

.

135.

Amendments to allowable costs

(a)

Allowable project costs

Section 47110(b)(2)(D) is amended to read as follows:

(D)

if the cost is for airport development and is incurred before execution of the grant agreement, but in the same fiscal year as execution of the grant agreement, and if—

(i)

the cost was incurred before execution of the grant agreement due to the short construction season in the vicinity of the airport;

(ii)

the cost is in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after execution of the grant agreement;

(iii)

the sponsor notifies the Secretary before authorizing work to commence on the project; and

(iv)

the sponsor’s decision to proceed with the project in advance of execution of the grant agreement does not affect the priority assigned to the project by the Secretary for the allocation of discretionary funds;

.

(b)

Relocation of airport-owned facilities

Section 47110(d) is amended to read as follows:

(d)

Relocation of airport-owned facilities

The Secretary may determine that the costs of relocating or replacing an airport-owned facility are allowable for an airport development project at an airport only if—

(1)

the Government’s share of such costs will be paid with funds apportioned to the airport sponsor under section 47114(c)(1) or 47114(d);

(2)

the Secretary determines that the relocation or replacement is required due to a change in the Secretary’s design standards; and

(3)

the Secretary determines that the change is beyond the control of the airport sponsor.

.

(c)

Nonprimary airports

Section 47110(h) is amended—

(1)

by inserting construction of before revenue producing; and

(2)

by striking , including fuel farms and hangars,.

136.

Preference for small business concerns owned and controlled by disabled veterans

Section 47112(c) is amended by adding at the end the following:

(3)

A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must require that a preference be given to the use of small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) owned and controlled by disabled veterans.

.

137.

Airport disadvantaged business enterprise program

(a)

Purpose

It is the purpose of the airport disadvantaged business program to ensure that minority- and women-owned businesses have a full and fair opportunity to compete in federally assisted airport contracts and concessions and to ensure that the Federal Government does not subsidize discrimination in private or locally funded airport-related industries.

(b)

Findings

Congress finds the following:

(1)

While significant progress has occurred due to the enactment of the airport disadvantaged business enterprise program (49 U.S.C. 47107(e) and 47113), discrimination continues to be a significant barrier for minority- and women-owned businesses seeking to do business in airport-related markets. This continuing discrimination merits the continuation of the airport disadvantaged business enterprise program.

(2)

Discrimination poses serious barriers to the full participation in airport-related businesses of women business owners and minority business owners, including African Americans, Hispanic Americans, Asian Americans, and Native Americans.

(3)

Discrimination impacts minority and women business owners in every geographic region of the United States and in every airport-related industry.

(4)

Discrimination has impacted many aspects of airport-related business, including—

(A)

the availability of venture capital and credit;

(B)

the availability of bonding and insurance;

(C)

the ability to obtain licensing and certification;

(D)

public and private bidding and quoting procedures;

(E)

the pricing of supplies and services;

(F)

business training, education, and apprenticeship programs; and

(G)

professional support organizations and informal networks through which business opportunities are often established.

(5)

Congress has received voluminous evidence of discrimination against minority and women business owners in airport-related industries, including—

(A)

statistical analyses demonstrating significant disparities in the utilization of minority- and women-owned businesses in federally and locally funded airport related contracting;

(B)

statistical analyses of private sector disparities in business success by minority- and women-owned businesses in airport related industries;

(C)

research compiling anecdotal reports of discrimination by individual minority and women business owners;

(D)

individual reports of discrimination by minority and women business owners and the organizations and individuals who represent minority and women business owners;

(E)

analyses demonstrating significant reductions in the participation of minority and women businesses in jurisdictions that have reduced or eliminated their minority- and women-owned business programs;

(F)

statistical analyses showing significant disparities in the credit available to minority- and women-owned businesses;

(G)

research and statistical analyses demonstrating how discrimination negatively impacts firm formation, growth, and success;

(H)

experience of airports and other localities demonstrating that race- and gender-neutral efforts alone are insufficient to remedy discrimination; and

(I)

other qualitative and quantitative evidence of discrimination against minority- and women-owned businesses in airport-related industries.

(6)

All of this evidence provides a strong basis for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program.

(7)

Congress has received and reviewed recent comprehensive and compelling evidence of discrimination from many different sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits.

(c)

Disadvantaged business enterprise personal net worth cap; bonding requirements

Section 47113 is amended by adding at the end the following:

(e)

Personal net worth cap

(1)

Regulations

Not later than 180 days after the date of enactment of this subsection, the Secretary shall issue final regulations to adjust the personal net worth cap used in determining whether an individual is economically disadvantaged for purposes of qualifying under the definition contained in subsection (a)(2) and under section 47107(e). The regulations shall correct for the impact of inflation since the Small Business Administration established the personal net worth cap at $750,000 in 1989.

(2)

Annual adjustment

Following the initial adjustment under paragraph (1), the Secretary shall adjust, on June 30 of each year thereafter, the personal net worth cap to account for changes, occurring in the preceding 12-month period, in the Consumer Price Index of All Urban Consumers (United States city average, all items) published by the Secretary of Labor.

(f)

Exclusion of retirement benefits

(1)

In general

In calculating a business owner’s personal net worth, any funds held in a qualified retirement account owned by the business owner shall be excluded, subject to regulations to be issued by the Secretary.

(2)

Regulations

Not later than one year after the date of enactment of this subsection, the Secretary shall issue final regulations to implement paragraph (1), including consideration of appropriate safeguards, such as a limit on the amount of such accounts, to prevent circumvention of personal net worth requirements.

(g)

Prohibition on excessive or discriminatory bonding requirements

(1)

In general

The Secretary shall establish a program to eliminate barriers to small business participation in airport-related contracts and concessions by prohibiting excessive, unreasonable, or discriminatory bonding requirements for any project funded under this chapter or using passenger facility revenues under section 40117.

(2)

Regulations

Not later than one year after the date of enactment of this subsection, the Secretary shall issue a final rule to establish the program under paragraph (1).

.

138.

Training program for certification of disadvantaged business enterprises

(a)

Mandatory training program

Section 47113 (as amended by this Act) is further amended—

(1)

in subsection (b) by striking Secretary and inserting Secretary of Transportation; and

(2)

by adding at the end the following:

(h)

Mandatory training program

(1)

In general

Not later than one year after the date of enactment of this subsection, the Secretary shall establish a mandatory training program for persons described in paragraph (3) on certifying whether a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section and section 47107(e).

(2)

Implementation

The training program may be implemented by one or more private entities approved by the Secretary.

(3)

Participants

A person referred to in paragraph (1) is an official or agent of an airport sponsor—

(A)

who is required to provide a written assurance under this section or section 47107(e) that the airport owner or operator will meet the percentage goal of subsection (b) or section 47107(e)(1); or

(B)

who is responsible for determining whether or not a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section or section 47107(e).

(4)

Authorization of Appropriations

Out of amounts appropriated under section 106(k), not less than $2,000,000 for each of fiscal years 2010, 2011, and 2012 shall be used to carry out this subsection and to support other programs and activities of the Secretary related to the participation of small business concerns owned and controlled by socially and economically disadvantaged individuals in airport related contracts or concessions.

.

(b)

Report

Not later than 24 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and other appropriate committees of Congress a report on the results of the training program conducted under the amendment made by subsection (b).

139.

Calculation of State apportionment fund

Section 47114(d) is amended—

(1)

in paragraph (2)—

(A)

by striking Except as provided in paragraph (3), the Secretary and inserting The Secretary; and

(B)

by striking 18.5 percent and inserting 10 percent; and

(2)

by striking paragraph (3) and inserting the following:

(3)

Additional amount

(A)

In general

In addition to amounts apportioned under paragraph (2), and subject to subparagraph (B), the Secretary shall apportion to each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of—

(i)

$150,000; or

(ii)

1/5 of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103.

(B)

Reduction

In any fiscal year in which the total amount made available for apportionment under paragraph (2) is less than $300,000,000, the Secretary shall reduce, on a prorated basis, the amount to be apportioned under subparagraph (A) and make such reduction available to be apportioned under paragraph (2), so as to apportion under paragraph (2) a minimum of $300,000,000.

.

140.

Reducing apportionments

Section 47114(f)(1) is amended—

(1)

by striking and at the end of subparagraph (A);

(2)

in subparagraph (B)—

(A)

by inserting except as provided by subparagraph (C), before in the case; and

(B)

by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(C)

in the case of a charge of more than $4.50 imposed by the sponsor of an airport enplaning at least one percent of the total number of boardings each year in the United States, 100 percent of the projected revenues from the charge in the fiscal year but not more than 100 percent of the amount that otherwise would be apportioned under this section.

.

141.

Minimum amount for discretionary fund

Section 47115(g)(1) is amended by striking sum of— and all that follows through the period at the end of subparagraph (B) and inserting sum of $520,000,000..

142.

Marshall Islands, Micronesia, and Palau

Section 47115(j) is amended by striking fiscal years 2004 through 2009, and inserting fiscal years 2010 through 2012,.

143.

Use of apportioned amounts

Section 47117(e)(1)(A) is amended—

(1)

in the first sentence—

(A)

by striking 35 percent and inserting $300,000,000;

(B)

by striking and after 47141,; and

(C)

by inserting before the period at the end the following: , and for water quality mitigation projects to comply with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as approved in an environmental record of decision for an airport development project under this title; and

(2)

in the second sentence by striking such 35 percent requirement is and inserting the requirements of the preceding sentence are.

144.

Sale of private airport to public sponsor

(a)

In general

Section 47133(b) is amended—

(1)

by striking Subsection (a) shall not apply if and inserting the following:

(1)

Prior laws and agreements

Subsection (a) shall not apply if

; and

(2)

by adding at the end the following:

(2)

Sale of private airport to public sponsor

In the case of a privately owned airport, subsection (a) shall not apply to the proceeds from the sale of the airport to a public sponsor if—

(A)

the sale is approved by the Secretary;

(B)

funding is provided under this subtitle for any portion of the public sponsor’s acquisition of airport land; and

(C)

an amount equal to the remaining unamortized portion of any airport improvement grant made to that airport for purposes other than land acquisition, amortized over a 20-year period, plus an amount equal to the Federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996, is repaid to the Secretary by the private owner.

(3)

Treatment of repayments

Repayments referred to in paragraph (2)(C) shall be treated as a recovery of prior year obligations.

.

(b)

Applicability to grants

The amendments made by subsection (a) shall apply to grants issued on or after October 1, 1996.

145.

Airport privatization pilot program

(a)

Approval requirements

Section 47134 is amended in subsections (b)(1)(A)(i), (b)(1)(A)(ii), (c)(4)(A), and (c)(4)(B) by striking 65 percent each place it appears and inserting 75 percent.

(b)

Prohibition on receipt of funds

(1)

Section 47134

Section 47134 is amended by adding at the end the following:

(n)

Prohibition on receipt of certain funds

An airport receiving an exemption under subsection (b) shall be prohibited from receiving apportionments under section 47114 or discretionary funds under section 47115.

.

(2)

Conforming amendments

Section 47134(g) is amended—

(A)

in the subsection heading by striking Apportionments;;

(B)

in paragraph (1) by striking the semicolon at the end and inserting ; or;

(C)

by striking paragraph (2); and

(D)

by redesignating paragraph (3) as paragraph (2).

(c)

Federal share of project costs

Section 47109(a) is amended—

(1)

by striking the semicolon at the end of paragraph (3) and inserting ; and;

(2)

by striking paragraph (4); and

(3)

by redesignating paragraph (5) as paragraph (4).

146.

Airport security program

(a)

General authority

Section 47137(a) is amended by inserting , in consultation with the Secretary of Homeland Security, after Transportation.

(b)

Implementation

Section 47137(b) is amended to read as follows:

(b)

Implementation

(1)

In general

In carrying out this section, the Secretary of Transportation shall provide funding through a grant, contract, or another agreement described in section 106(l)(6) to a nonprofit consortium that—

(A)

is composed of public and private persons, including an airport sponsor; and

(B)

has at least 10 years of demonstrated experience in testing and evaluating anti-terrorist technologies at airports.

(2)

Project selection

The Secretary shall select projects under this subsection that—

(A)

evaluate and test the benefits of innovative aviation security systems or related technology, including explosives detection systems, for the purpose of improving aviation and aircraft physical security, access control, and passenger and baggage screening; and

(B)

provide testing and evaluation of airport security systems and technology in an operational, testbed environment.

.

(c)

Matching share

Section 47137(c) is amended by inserting after section 47109 the following: or any other provision of law .

(d)

Administration

Section 47137(e) is amended by adding at the end the following: The Secretary may enter into an agreement in accordance with section 106(m) to provide for the administration of any project under the program..

(e)

Eligible sponsor

Section 47137 is amended by striking subsection (f) and redesignating subsection (g) as subsection (f).

(f)

Authorization of appropriations

Section 47137(f) (as so redesignated) is amended by striking $5,000,000 and inserting $8,500,000.

147.

Sunset of pilot program for purchase of airport development rights

Section 47138 is amended by adding at the end the following:

(f)

Sunset

This section shall not be in effect after September 30, 2008.

.

148.

Extension of grant authority for compatible land use planning and projects by State and local governments

Section 47141(f) is amended by striking September 30, 2009 and inserting September 30, 2012.

149.

Repeal of limitations on Metropolitan Washington Airports Authority

Section 49108, and the item relating to such section in the analysis for chapter 491, are repealed.

150.

Midway Island Airport

Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by striking October 1, 2009, and inserting October 1, 2012,.

151.

Puerto Rico minimum guarantee

Section 47114(e) is amended—

(1)

in the subsection heading by inserting and Puerto Rico after Alaska; and

(2)

by adding at the end the following:

(5)

Puerto Rico minimum guarantee

In any fiscal year in which the total amount apportioned to airports in Puerto Rico under subsections (c) and (d) is less than 1.5 percent of the total amount apportioned to all airports under subsections (c) and (d), the Secretary shall apportion to the Puerto Rico Ports Authority for airport development projects in such fiscal year an amount equal to the difference between 1.5 percent of the total amounts apportioned under subsections (c) and (d) in such fiscal year and the amount otherwise apportioned under subsections (c) and (d) to airports in Puerto Rico in such fiscal year.

.

152.

Miscellaneous amendments

(a)

Technical changes to national plan of integrated airport systems

Section 47103 is amended—

(1)

in subsection (a)—

(A)

by striking each airport to— and inserting the airport system to—;

(B)

in paragraph (1) by striking system in the particular area; and inserting system, including connection to the surface transportation network; and;

(C)

in paragraph (2) by striking ; and and inserting a period; and

(D)

by striking paragraph (3);

(2)

in subsection (b)—

(A)

in paragraph (1) by striking the semicolon and inserting ; and;

(B)

by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and

(C)

in paragraph (2) (as so redesignated) by striking , Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations,; and

(3)

in subsection (d) by striking status of the.

(b)

Update veterans preference definition

Section 47112(c) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (B) by striking separated from and inserting discharged or released from active duty in; and

(B)

by adding at the end the following:

(C)

Afghanistan-Iraq war veteran means an individual who served on active duty (as defined by section 101 of title 38) in the Armed Forces for a period of more than 180 consecutive days, any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by presidential proclamation or by law as the last date of Operation Iraqi Freedom, and who was separated from the Armed Forces under honorable conditions.

; and

(2)

in paragraph (2) by striking veterans and and inserting veterans, Afghanistan-Iraq war veterans, and.

(c)

Consolidation of terminal development provisions

Section 47119 is amended—

(1)

by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), and (e), respectively; and

(2)

by inserting before subsection (b) (as so redesignated) the following:

(a)

Terminal development projects

(1)

In general

The Secretary may approve a project for terminal development (including multimodal terminal development) in a nonrevenue-producing public-use area of a commercial service airport—

(A)

if the sponsor certifies that the airport, on the date the grant application is submitted to the Secretary, has—

(i)

all the safety equipment required for certification of the airport under section 44706;

(ii)

all the security equipment required by regulation; and

(iii)

provided for access by passengers to the area of the airport for boarding or exiting aircraft that are not air carrier aircraft;

(B)

if the cost is directly related to moving passengers and baggage in air commerce within the airport, including vehicles for moving passengers between terminal facilities and between terminal facilities and aircraft; and

(C)

under terms necessary to protect the interests of the Government.

(2)

Project in revenue-producing areas and nonrevenue-producing parking lots

In making a decision under paragraph (1), the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction, reconstruction, repair, and improvement in a nonrevenue-producing parking lot if—

(A)

except as provided in section 47108(e)(3), the airport does not have more than .05 percent of the total annual passenger boardings in the United States; and

(B)

the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not be deferred because of the Secretary’s approval.

;

(3)

in paragraphs (3) and (4)(A) of subsection (b) (as redesignated by paragraph (1) of this subsection) by striking section 47110(d) and inserting subsection (a);

(4)

in paragraph (5) of subsection (b) (as redesignated by paragraph (1) of this subsection) by striking subsection (b)(1) and (2) and inserting subsections (c)(1) and (c)(2);

(5)

in paragraphs (2)(A), (3), and (4) of subsection (c) (as redesignated by paragraph (1) of this subsection) by striking section 47110(d) of this title and inserting subsection (a);

(6)

in paragraph (2)(B) of subsection (c) (as redesignated by paragraph (1) of this subsection) by striking section 47110(d) and inserting subsection (a);

(7)

in subsection (c)(5) (as redesignated by paragraph (1) of this subsection) by striking section 47110(d) and inserting subsection (a); and

(8)

by adding at the end the following:

(f)

Limitation on discretionary funds

The Secretary may distribute not more than $20,000,000 from the discretionary fund established under section 47115 for terminal development projects at a nonhub airport or a small hub airport that is eligible to receive discretionary funds under section 47108(e)(3).

.

(d)

Annual report

Section 47131(a) is amended—

(1)

by striking April 1 and inserting June 1; and

(2)

by striking paragraphs (1), (2), (3), and (4) and inserting the following:

(1)

a summary of airport development and planning completed;

(2)

a summary of individual grants issued;

(3)

an accounting of discretionary and apportioned funds allocated;

(4)

the allocation of appropriations; and

.

(e)

Correction to emission credits provision

Section 47139 is amended—

(1)

in subsection (a) by striking 47102(3)(F),; and

(2)

in subsection (b)—

(A)

by striking 47102(3)(F),; and

(B)

by striking 47103(3)(F),.

(f)

Conforming amendment to civil penalty assessment authority

Section 46301(d)(2) is amended by inserting 46319, after 46318,.

(g)

Other conforming amendments

(1)

Sections 40117(a)(3)(B) is amended by striking section 47110(d) and inserting section 47119(a).

(2)

Section 47108(e)(3) is amended—

(A)

by striking section 47110(d)(2) and inserting section 47119(a); and

(B)

by striking section 47110(d) and inserting section 47119(a).

(h)

Correction to surplus property authority

Section 47151(e) is amended by striking “(other than real property” and all that follows through (10 U.S.C. 2687 note)).

(i)

Airport capacity benchmark reports

Section 47175(2) is amended by striking Airport Capacity Benchmark Report 2001 and inserting 2001 and 2004 Airport Capacity Benchmark Reports or table 1 of the Federal Aviation Administration’s most recent airport capacity benchmark report.

153.

Airport Master Plans

Section 47101 is amended by adding at the end the following:

(i)

Additional goals for airport master plans

In addition to the goals set forth in subsection (g)(2), the Secretary shall encourage airport sponsors and State and local officials, through Federal Aviation Administration advisory circulars, to consider customer convenience, airport ground access, and access to airport facilities in airport master plans.

.

II

Next Generation Air Transportation System and Air Traffic Control Modernization

201.

Mission statement; sense of Congress

(a)

Findings

Congress finds the following:

(1)

The United States faces a great national challenge as the Nation’s aviation infrastructure is at a crossroads.

(2)

The demand for aviation services, a critical element of the United States economy, vital in supporting the quality of life of the people of the United States, and critical in support of the Nation’s defense and national security, is growing at an ever increasing rate. At the same time, the ability of the United States air transportation system to expand and change to meet this increasing demand is limited.

(3)

The aviation industry accounts for more than 11,000,000 jobs in the United States and contributes approximately $741,000,000,000 annually to the United States gross domestic product.

(4)

The United States air transportation system continues to drive economic growth in the United States and will continue to be a major economic driver as air traffic triples over the next 20 years.

(5)

The Next Generation Air Transportation System (in this section referred to as the NextGen System) is the system for achieving long-term transformation of the United States air transportation system that focuses on developing and implementing new technologies and that will set the stage for the long-term development of a scalable and more flexible air transportation system without compromising the unprecedented safety record of United States aviation.

(6)

The benefits of the NextGen System, in terms of promoting economic growth and development, are enormous.

(7)

The NextGen System will guide the path of the United States air transportation system in the challenging years ahead.

(b)

Sense of congress

It is the sense of Congress that—

(1)

modernizing the air transportation system is a national priority and the United States must make a commitment to revitalizing this essential component of the Nation’s transportation infrastructure;

(2)

one fundamental requirement for the success of the NextGen System is strong leadership and sufficient resources;

(3)

the Joint Planning and Development Office of the Federal Aviation Administration and the Next Generation Air Transportation System Senior Policy Committee, each established by Congress in 2003, will lead and facilitate this important national mission to ensure that the programs and capabilities of the NextGen System are carefully integrated and aligned;

(4)

Government agencies and industry must work together, carefully integrating and aligning their work to meet the needs of the NextGen System in the development of budgets, programs, planning, and research;

(5)

the Department of Transportation, the Federal Aviation Administration, the Department of Defense, the Department of Homeland Security, the Department of Commerce, and the National Aeronautics and Space Administration must work in cooperation and make transformational improvements to the United States air transportation infrastructure a priority; and

(6)

due to the critical importance of the NextGen System to the economic and national security of the United States, partner departments and agencies must be provided with the resources required to complete the implementation of the NextGen System.

202.

Next Generation Air Transportation System Joint Planning and Development Office

(a)

Establishment

(1)

Associate Administrator for the Next Generation Air Transportation System

Section 709(a) of Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2582) is amended—

(A)

by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and

(B)

by inserting after paragraph (1) the following:

(2)

The director of the Office shall be the Associate Administrator for the Next Generation Air Transportation System, who shall be appointed by the Administrator of the Federal Aviation Administration. The Associate Administrator shall report to the Administrator.

.

(2)

Responsibilities

Section 709(a)(3) of such Act (as redesignated by paragraph (1) of this subsection) is amended—

(A)

in subparagraph (G) by striking ; and and inserting a semicolon;

(B)

in subparagraph (H) by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

(I)

establishing specific quantitative goals for the safety, capacity, efficiency, performance, and environmental impacts of each phase of Next Generation Air Transportation System implementation activities and measuring actual operational experience against those goals, taking into account noise pollution reduction concerns of affected communities to the greatest extent practicable in establishing the environmental goals;

(J)

working to ensure global interoperability of the Next Generation Air Transportation System;

(K)

working to ensure the use of weather information and space weather information in the Next Generation Air Transportation System as soon as possible;

(L)

overseeing, with the Administrator of the Federal Aviation Administration, the selection of products or outcomes of research and development activities that would be moved to the next stage of a demonstration project; and

(M)

maintaining a baseline modeling and simulation environment for testing and evaluating alternative concepts to satisfy Next Generation Air Transportation enterprise architecture requirements.

.

(3)

Cooperation with other Federal agencies

Section 709(a)(4) of such Act (as redesignated by paragraph (1) of this subsection) is amended—

(A)

by striking (4) and inserting (4)(A); and

(B)

by adding at the end the following:

(B)

The Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, the Secretary of Homeland Security, and the head of any other Federal agency from which the Secretary of Transportation requests assistance under subparagraph (A) shall designate a senior official in the agency to be responsible for—

(i)

carrying out the activities of the agency relating to the Next Generation Air Transportation System in coordination with the Office, including the execution of all aspects of the work of the agency in developing and implementing the integrated work plan described in subsection (b)(5);

(ii)

serving as a liaison for the agency in activities of the agency relating to the Next Generation Air Transportation System and coordinating with other Federal agencies involved in activities relating to the System; and

(iii)

ensuring that the agency meets its obligations as set forth in any memorandum of understanding executed by or on behalf of the agency relating to the Next Generation Air Transportation System.

(C)

The head of a Federal agency referred to in subparagraph (B) shall ensure that—

(i)

the responsibilities of the agency relating to the Next Generation Air Transportation System are clearly communicated to the senior official of the agency designated under subparagraph (B); and

(ii)

the performance of the senior official in carrying out the responsibilities of the agency relating to the Next Generation Air Transportation System is reflected in the official’s annual performance evaluations and compensation.

(D)

The head of a Federal agency referred to in subparagraph (B) shall—

(i)

establish or designate an office within the agency to carry out its responsibilities under the memorandum of understanding under the supervision of the designated official; and

(ii)

ensure that the designated official has sufficient budgetary authority and staff resources to carry out the agency’s Next Generation Air Transportation System responsibilities as set forth in the integrated plan under subsection (b).

(E)

Not later than 6 months after the date of enactment of this subparagraph, the head of each Federal agency that has responsibility for carrying out any activity under the integrated plan under subsection (b) shall execute a memorandum of understanding with the Office obligating that agency to carry out the activity.

.

(4)

Coordination with OMB

Section 709(a) of such Act (117 Stat. 2582) is further amended by adding at the end the following:

(6)
(A)

The Office shall work with the Director of the Office of Management and Budget to develop a process whereby the Director will identify projects related to the Next Generation Air Transportation System across the agencies referred to in paragraph (4)(A) and consider the Next Generation Air Transportation System as a unified, cross-agency program.

(B)

The Director, to the maximum extent practicable, shall—

(i)

ensure that—

(I)

each Federal agency covered by the plan has sufficient funds requested in the President’s budget, as submitted under section 1105(a) of title 31, United States Code, for each fiscal year covered by the plan to carry out its responsibilities under the plan; and

(II)

the development and implementation of the Next Generation Air Transportation System remains on schedule;

(ii)

include, in the President’s budget, a statement of the portion of the estimated budget of each Federal agency covered by the plan that relates to the activities of the agency under the Next Generation Air Transportation System initiative; and

(iii)

identify and justify as part of the President’s budget submission any inconsistencies between the plan and amounts requested in the budget.

(7)

The Associate Administrator of the Next Generation Air Transportation System shall be a voting member of the Joint Resources Council of the Federal Aviation Administration.

.

(b)

Integrated plan

Section 709(b) of such Act (117 Stat. 2583) is amended—

(1)

in the matter preceding paragraph (1)—

(A)

by striking meets air and inserting meets anticipated future air; and

(B)

by striking beyond those currently included in the Federal Aviation Administration’s operational evolution plan;

(2)

by striking and at the end of paragraph (3);

(3)

by striking the period at the end of paragraph (4) and inserting ; and; and

(4)

by adding at the end the following:

(5)

a multiagency integrated work plan for the Next Generation Air Transportation System that includes—

(A)

an outline of the activities required to achieve the end-state architecture, as expressed in the concept of operations and enterprise architecture documents, that identifies each Federal agency or other entity responsible for each activity in the outline;

(B)

details on a year-by-year basis of specific accomplishments, activities, research requirements, rulemakings, policy decisions, and other milestones of progress for each Federal agency or entity conducting activities relating to the Next Generation Air Transportation System;

(C)

for each element of the Next Generation Air Transportation System, an outline, on a year-by-year basis, of what is to be accomplished in that year toward meeting the Next Generation Air Transportation System’s end-state architecture, as expressed in the concept of operations and enterprise architecture documents, as well as identifying each Federal agency or other entity that will be responsible for each component of any research, development, or implementation program;

(D)

an estimate of all necessary expenditures on a year-by-year basis, including a statement of each Federal agency or entity’s responsibility for costs and available resources, for each stage of development from the basic research stage through the demonstration and implementation phase;

(E)

a clear explanation of how each step in the development of the Next Generation Air Transportation System will lead to the following step and of the implications of not successfully completing a step in the time period described in the integrated work plan;

(F)

a transition plan for the implementation of the Next Generation Air Transportation System that includes date-specific milestones for the implementation of new capabilities into the national airspace system;

(G)

date-specific timetables for meeting the environmental goals identified in subsection (a)(3)(I); and

(H)

a description of potentially significant operational or workforce changes resulting from deployment of the Next Generation Air Transportation System.

.

(c)

NextGen implementation plan

Section 709(d) of such Act (117 Stat. 2584) is amended to read as follows:

(d)

NextGen implementation plan

The Administrator of the Federal Aviation Administration shall develop and publish annually the document known as the NextGen Implementation Plan, or any successor document, that provides a detailed description of how the agency is implementing the Next Generation Air Transportation System.

.

(d)

Authorization of appropriations

Section 709(e) of such Act (117 Stat. 2584) is amended by striking 2010 and inserting 2012.

(e)

Contingency planning

The Associate Administrator for the Next Generation Air Transportation System shall, as part of the design of the System, develop contingency plans for dealing with the degradation of the System in the event of a natural disaster, major equipment failure, or act of terrorism.

203.

Next Generation Air Transportation Senior Policy Committee

(a)

Meetings

Section 710(a) of Vision 100—Century of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2584) is amended by inserting before the period at the end the following and shall meet at least twice each year.

(b)

Annual report

Section 710 of such Act (117 Stat. 2584) is amended by adding at the end the following:

(e)

Annual report

(1)

Submission to Congress

Not later than one year after the date of enactment of this subsection, and annually thereafter on the date of submission of the President’s budget request to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the progress made in carrying out the integrated work plan required by section 709(b)(5) and any changes in that plan.

(2)

Contents

The report shall include—

(A)

a copy of the updated integrated work plan;

(B)

a description of the progress made in carrying out the integrated work plan and any changes in that plan, including any changes based on funding shortfalls and limitations set by the Office of Management and Budget;

(C)

a detailed description of—

(i)

the success or failure of each item of the integrated work plan for the previous year and relevant information as to why any milestone was not met; and

(ii)

the impact of not meeting the milestone and what actions will be taken in the future to account for the failure to complete the milestone;

(D)

an explanation of any change to future years in the integrated work plan and the reasons for such change; and

(E)

an identification of the levels of funding for each agency participating in the integrated work plan devoted to programs and activities under the plan for the previous fiscal year and in the President’s budget request.

.

204.

Automatic dependent surveillance-broadcast services

(a)

Report on FAA program and schedule

(1)

In general

The Administrator of the Federal Aviation Administration shall prepare a report detailing the program and schedule for integrating automatic dependent surveillance-broadcast (in this section referred to as ADS-B) technology into the national airspace system.

(2)

Contents

The report shall include—

(A)

a description of segment 1 and segment 2 activity to acquire ADS-B services;

(B)

a description of plans for implementation of advanced operational procedures and ADS-B air-to-air applications;

(C)

a description of possible options for expanding surveillance coverage beyond the ground stations currently under contract, including enhanced ground signal coverage at airports; and

(D)

a detailed description of the protections that the Administration will require as part of any contract or program in the event of a contractor’s default, bankruptcy, acquisition by another entity, or any other event jeopardizing the uninterrupted provision of ADS-B services.

(3)

Submission to Congress

Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report prepared under paragraph (1).

(b)

Requirements of FAA contracts for ADS-B services

Any contract entered into by the Administrator with an entity to acquire ADS-B services shall contain terms and conditions that—

(1)

require approval by the Administrator before the contract may be assigned to or assumed by another entity, including any successor entity, subsidiary of the contractor, or other corporate entity;

(2)

provide that the assets, equipment, hardware, and software used in the performance of the contract be designated as critical national infrastructure for national security and related purposes;

(3)

require the contractor to provide continued broadcast services for a reasonable period, as determined by the Administrator, until the provision of such services can be transferred to another vendor or to the Government in the event of a termination of the contract;

(4)

require the contractor to provide continued broadcast services for a reasonable period, as determined by the Administrator, until the provision of such services can be transferred to another vendor or to the Government in the event of material nonperformance, as determined by the Administrator; and

(5)

permit the Government to acquire or utilize for a reasonable period, as determined by the Administrator, the assets, equipment, hardware, and software necessary to ensure the continued and uninterrupted provision of ADS-B services and to have ready access to such assets, equipment, hardware, and software through its own personnel, agents, or others, if the Administrator provides reasonable compensation for such acquisition or utilization.

(c)

Review by DOT inspector general

(1)

In general

The Inspector General of the Department of Transportation shall conduct a review concerning the Federal Aviation Administration’s award and oversight of any contract entered into by the Administration to provide ADS-B services for the national airspace system.

(2)

Contents

The review shall include, at a minimum—

(A)

an examination of how program risks are being managed;

(B)

an assessment of expected benefits attributable to the deployment of ADS-B services, including the implementation of advanced operational procedures and air-to-air applications as well as to the extent to which ground radar will be retained;

(C)

a determination of whether the Administration has established sufficient mechanisms to ensure that all design, acquisition, operation, and maintenance requirements have been met by the contractor;

(D)

an assessment of whether the Administration and any contractors are meeting cost, schedule, and performance milestones, as measured against the original baseline of the Administration’s program for providing ADS-B services;

(E)

an assessment of whether security issues are being adequately addressed in the overall design and implementation of the ADS-B system; and

(F)

any other matters or aspects relating to contract implementation and oversight that the Inspector General determines merit attention.

(3)

Reports to Congress

The Inspector General shall periodically, on at least an annual basis, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this subsection.

205.

Inclusion of stakeholders in air traffic control modernization projects

(a)

In general

The Administrator of the Federal Aviation Administration shall establish a process for including in the planning, development, and deployment of air traffic control modernization projects (including the Next Generation Air Transportation System) and collaborating with qualified employees selected by each exclusive collective bargaining representative of employees of the Administration who are likely to be impacted by such planning, development, and deployment.

(b)

Participation

(1)

Bargaining obligations and rights

Participation in the process described in subsection (a) shall not be construed as a waiver of any bargaining obligations or rights under section 40122(a)(1) or 40122(g)(2)(C) of title 49, United States Code.

(2)

Capacity and compensation

Exclusive collective bargaining representatives and selected employees participating in the process described in subsection (a) shall—

(A)

serve in a collaborative and advisory capacity; and

(B)

receive appropriate travel and per diem expenses in accordance with the travel policies of the Administration in addition to any regular compensation and benefits.

(c)

Report

Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of this section.

206.

GAO review of challenges associated with transforming to the Next Generation Air Transportation System

(a)

In general

The Comptroller General shall conduct a review of the progress and challenges associated with transforming the Nation’s air traffic control system into the Next Generation Air Transportation System (in this section referred to as the NextGen System).

(b)

Review

The review shall include the following:

(1)

An evaluation of the continued implementation and institutionalization of the processes that are key to the ability of the Air Traffic Organization to effectively maintain management structures and systems acquisitions procedures utilized under the current air traffic control modernization program as a basis for the NextGen System.

(2)

An assessment of the progress and challenges associated with collaboration and contributions of the partner agencies working with the Joint Planning and Development Office of the Federal Aviation Administration (in this section referred to as the JPDO) in planning and implementing the NextGen System.

(3)

The progress and challenges associated with coordinating government and industry stakeholders in activities relating to the NextGen System, including an assessment of the contributions of the NextGen Institute.

(4)

An assessment of planning and implementation of the NextGen System against established schedules, milestones, and budgets.

(5)

An evaluation of the recently modified organizational structure of the JPDO.

(6)

An examination of transition planning by the Air Traffic Organization and the JPDO.

(7)

Any other matters or aspects of planning and coordination of the NextGen System by the Federal Aviation Administration and the JPDO that the Comptroller General determines appropriate.

(c)

Reports

(1)

Report to Congress on priorities

Not later than 1 after the date of enactment of this Act, the Comptroller General shall determine the priority of topics to be reviewed under this section and report such priorities to the Committee on Transportation and Infrastructure and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(2)

Periodic reports to Congress on results of the review

The Comptroller General shall periodically submit to the committees referred to in paragraph (1) a report on the results of the review conducted under this section.

207.

GAO review of Next Generation Air Transportation System acquisition and procedures development

(a)

Study

The Comptroller General shall conduct a review of the progress made and challenges related to the acquisition of designated technologies and the development of procedures for the Next Generation Air Transportation System (in this section referred to as the NextGen System).

(b)

Specific systems review

The review shall include, at a minimum, an examination of the acquisition costs, schedule, and other relevant considerations for the following systems:

(1)

En Route Automation Modernization (ERAM).

(2)

Standard Terminal Automation Replacement System/Common Automated Radar Terminal System (STARS/CARTS).

(3)

Automatic Dependent Surveillance-Broadcast (ADS-B).

(4)

System Wide Information Management (SWIM).

(5)

Traffic Flow Management Modernization (TFM-M).

(c)

Review

The review shall include, at a minimum, an assessment of the progress and challenges related to the development of standards, regulations, and procedures that will be necessary to implement the NextGen System, including required navigation performance, area navigation, the airspace management program, and other programs and procedures that the Comptroller General identifies as relevant to the transformation of the air traffic system.

(d)

Periodic reports to Congress on results of the review

The Comptroller General shall periodically submit to the Committee on Transportation and Infrastructure and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this section.

208.

DOT inspector general review of operational and approach procedures by a third party

(a)

Review

The Inspector General of the Department of Transportation shall conduct a review regarding the effectiveness of the oversight activities conducted by the Federal Aviation Administration in connection with any agreement with or delegation of authority to a third party for the development of flight procedures, including public use procedures, for the national airspace system.

(b)

Assessments

The Inspector General shall include, at a minimum, in the review—

(1)

an assessment of the extent to which the Federal Aviation Administration is relying or intends to rely on a third party for the development of new procedures and a determination of whether the Administration has established sufficient mechanisms and staffing to provide safety oversight functions, which may include quality assurance processes, flight checks, integration of procedures into the National Aviation System, and operational assessments of procedures developed by third parties; and

(2)

an assessment regarding whether the Administration has sufficient existing personnel and technical resources or mechanisms to develop such flight procedures in a safe and efficient manner to meet the demands of the national airspace system without the use of third party resources.

(c)

Report

Not later than 1 after the date of enactment of this Act, the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this section, including the assessments described in subsection (b).

209.

Expert review of enterprise architecture for Next Generation Air Transportation System

(a)

Review

The Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Research Council to review the enterprise architecture for the Next Generation Air Transportation System.

(b)

Contents

At a minimum, the review to be conducted under subsection (a) shall—

(1)

highlight the technical activities, including human-system design, organizational design, and other safety and human factor aspects of the system, that will be necessary to successfully transition current and planned modernization programs to the future system envisioned by the Joint Planning and Development Office of the Administration;

(2)

assess technical, cost, and schedule risk for the software development that will be necessary to achieve the expected benefits from a highly automated air traffic management system and the implications for ongoing modernization projects; and

(3)

include judgments on how risks with automation efforts for the Next Generation Air Transportation System can be mitigated based on the experiences of other public or private entities in developing complex, software-intensive systems.

(c)

Report

Not later than 1 after the date of enactment of this Act, the Administrator shall submit to Congress a report containing the results of the review conducted pursuant to subsection (a).

210.

NextGen technology testbed

Of amounts appropriated under section 48101(a) of title 49, United States Code, the Administrator of the Federal Aviation Administration shall use such sums as may be necessary for each of the fiscal years 2010 through 2012 to contribute to the establishment by a public-private partnership (including a university component with significant aviation expertise in air traffic management, simulation, meteorology, and engineering and aviation business) an airport-based testing site for existing Next Generation Air Transport System technologies. The Administrator shall ensure that next generation air traffic control integrated systems developed by private industries are installed at the site for demonstration, operational research, and evaluation by the Administration. The testing site shall serve a mix of general aviation and commercial traffic.

211.

Clarification of authority to enter into reimbursable agreements

Section 106(m) is amended in the last sentence by inserting with or before without reimbursement.

212.

Definition of air navigation facility

Section 40102(a)(4) is amended—

(1)

by redesignating subparagraph (D) as subparagraph (E);

(2)

by striking subparagraphs (B) and (C) and inserting the following:

(B)

runway lighting and airport surface visual and other navigation aids;

(C)

aeronautical and meteorological information to air traffic control facilities or aircraft;

(D)

communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;

;

(3)

in subparagraph (E) (as redesignated by paragraph (1) of this section)—

(A)

by striking another structure and inserting any structure, equipment,; and

(B)

by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following:

(F)

buildings, equipment, and systems dedicated to the national airspace system.

.

213.

Improved management of property inventory

Section 40110(a)(2) is amended by striking compensation and inserting compensation, and the amount received shall be credited as an offsetting collection to the account from which the amount was expended and shall remain available until expended.

214.

Clarification to acquisition reform authority

Section 40110(c) is amended—

(1)

by striking the semicolon at the end of paragraph (3) and inserting ; and;

(2)

by striking paragraph (4); and

(3)

by redesignating paragraph (5) as paragraph (4).

215.

Assistance to foreign aviation authorities

Section 40113(e) is amended—

(1)

in paragraph (1)—

(A)

by inserting public and private before foreign aviation authorities; and

(B)

by striking the period at the end of the first sentence and inserting or efficiency. The Administrator may participate in, and submit offers in response to, competitions to provide such services and may contract with foreign aviation authorities to provide such services consistent with section 106(l)(6). Notwithstanding any other provision of law or policy, the Administrator may accept payments received under this subsection in arrears.; and

(2)

in paragraph (3) by striking credited and all that follows through the period at the end and inserting credited as an offsetting collection to the account from which the expenses were incurred in providing such services and shall remain available until expended..

216.

Front line manager staffing

(a)

Study

Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a study on front line manager staffing requirements in air traffic control facilities.

(b)

Considerations

In conducting the study, the Administrator shall take into consideration—

(1)

the number of supervisory positions of operation requiring watch coverage in each air traffic control facility;

(2)

coverage requirements in relation to traffic demand;

(3)

facility type;

(4)

complexity of traffic and managerial responsibilities;

(5)

proficiency and training requirements; and

(6)

such other factors as the Administrator considers appropriate.

(c)

Determinations

The Administrator shall transmit any determinations made as a result of the study to the Chief Operating Officer for the air traffic control system.

(d)

Report

Not later than 1 after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study and a description of any determinations submitted to the Chief Operating Officer under subsection (c).

217.

Flight service stations

(a)

Establishment of monitoring system

Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop and implement a monitoring system for flight service specialist staffing and training under service contracts for flight service stations.

(b)

Components

At a minimum, the monitoring system shall include mechanisms to monitor—

(1)

flight specialist staffing plans for individual facilities;

(2)

actual staffing levels for individual facilities;

(3)

the initial and recurrent certification and training of flight service specialists on the safety, operational, and technological aspects of flight services, including any certification and training necessary to meet user demand; and

(4)

system outages, excessive hold times, dropped calls, poor quality briefings, and any other safety or customer service issues under a contract for flight service station services.

(c)

Report to Congress

Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—

(1)

a description of monitoring system;

(2)

if the Administrator determines that contractual changes or corrective actions are required for the Administration to ensure that the vendor under a contract for flight service station services provides safe and high quality service to consumers, a description of the changes or actions required; and

(3)

a description of the contingency plans of the Administrator and the protections that the Administrator will have in place to provide uninterrupted flight service station services in the event of—

(A)

material non-performance of the contract;

(B)

a vendor’s default, bankruptcy, or acquisition by another entity; or

(C)

any other event that could jeopardize the uninterrupted provision of flight service station services.

218.

NextGen Research and Development Center of Excellence

(a)

Establishment

Of the amount appropriated under section 48101(a) of title 49, United States Code, the Administrator of the Federal Aviation Administration shall use such sums as may be necessary for each of fiscal years 2010 through 2012 to contribute to the establishment of a center of excellence for the research and development of Next Generation Air Transportation System technologies.

(b)

Functions

The center established under subsection (a) shall—

(1)

leverage the centers of excellence program of the Federal Aviation Administration, as well as other resources and partnerships, to enhance the development of Next Generation Air Transportation System technologies within academia and industry; and

(2)

provide educational, technical, and analytical assistance to the Federal Aviation Administration and other Federal agencies with responsibilities to research and develop Next Generation Air Transportation System technologies.

219.

Airspace redesign

(a)

Findings

Congress finds the following:

(1)

The airspace redesign efforts of the Federal Aviation Administration will play a critical near-term role in enhancing capacity, reducing delays, transitioning to more flexible routing, and ultimately saving money in fuel costs for airlines and airspace users.

(2)

The critical importance of airspace redesign efforts is underscored by the fact that they are highlighted in strategic plans of the Administration, including Flight Plan 2009–2013 and the document known as the NextGen Implementation Plan.

(3)

Funding cuts have led to delays and deferrals of critical capacity enhancing airspace redesign efforts.

(4)

Several new runways planned for the period of fiscal years 2010 to 2012 will not provide estimated capacity benefits without additional funds.

(b)

Authorization of appropriations

In addition to amounts authorized by section 106(k) of title 49, United States Code, there are authorized to be appropriated to the Administrator of the Federal Aviation Administration $20,000,000 for each of fiscal years 2010, 2011, and 2012 to carry out such airspace redesign initiatives as the Administrator determines appropriate.

(c)

Additional amounts

Of the amounts appropriated under section 48101(a) of such title, the Administrator may use $5,000,000 for each of fiscal years 2010, 2011, and 2012 to carry out such airspace redesign initiatives as the Administrator determines appropriate.

III

Safety

A

General Provisions

301.

Judicial review of denial of airman certificates

(a)

Judicial review of NTSB decisions

Section 44703(d) is amended by adding at the end the following:

(3)

Judicial review

A person who is substantially affected by an order of the Board under this subsection, or the Administrator if the Administrator decides that an order of the Board will have a significant adverse impact on carrying out this subtitle, may seek judicial review of the order under section 46110. The Administrator shall be made a party to the judicial review proceedings. The findings of fact of the Board in any such case are conclusive if supported by substantial evidence.

.

(b)

Conforming amendment

Section 1153(c) is amended by striking section 44709 or and inserting section 44703(d), 44709, or.

302.

Release of data relating to abandoned type certificates and supplemental type certificates

(a)

Release of data

Section 44704(a) is amended by adding at the end the following:

(5)

Release of data

(A)

In general

Notwithstanding any other provision of law, the Administrator may make available upon request to a person seeking to maintain the airworthiness of an aircraft, engine, propeller, or appliance, engineering data in the possession of the Administration relating to a type certificate or a supplemental type certificate for such aircraft, engine, propeller, or appliance, without the consent of the owner of record, if the Administrator determines that—

(i)

the certificate containing the requested data has been inactive for 3 or more years;

(ii)

after using due diligence, the Administrator is unable to find the owner of record, or the owner of record’s heir, of the type certificate or supplemental certificate; and

(iii)

making such data available will enhance aviation safety.

(B)

Engineering data defined

In this section, the term engineering data as used with respect to an aircraft, engine, propeller, or appliance means type design drawing and specifications for the entire aircraft, engine, propeller, or appliance or change to the aircraft, engine, propeller, or appliance, including the original design data, and any associated supplier data for individual parts or components approved as part of the particular certificate for the aircraft engine, propeller, or appliance.

.

(b)

Design organization certificates

Section 44704(e)(1) is amended by striking Beginning 7 years after the date of enactment of this subsection, and inserting Beginning January 1, 2014,.

303.

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

Not later than one year after the date of enactment of this section, and annually thereafter, the Administrator of the Federal Aviation Administration shall—

(1)

submit to Congress a certification that each foreign repair station that is certified by the Administrator under part 145 of title 14, Code of Federal Regulations, and performs work on air carrier aircraft or components has been inspected by safety inspectors of the Administration not fewer than 2 times in the preceding calendar year;

(2)

modify the certification requirements under such part to include testing for the use of alcohol or a controlled substance in accordance with section 45102 of any individual performing a safety-sensitive function at a foreign aircraft repair station, including an individual working at a station of a third party with whom an air carrier contracts to perform work on air carrier aircraft or components; and

(3)

continue to hold discussions with countries that have foreign repair stations that perform work on air carrier aircraft and components to ensure harmonization of the safety standards of such countries with those of the United States, including standards governing maintenance requirements, education and licensing of maintenance personnel, training, oversight, and mutual inspection of work sites.

(b)

Regulatory authority with respect to certain foreign repair stations

With respect to repair stations that are located in countries that are party to the agreement entitled “Agreement between the United States of America and the European Community on Cooperation in the Regulation of Civil Aviation Safety”, dated June 30, 2008, the requirements of subsection (a) are an exercise of the rights of the United States under paragraph A of Article 15 of the Agreement, which provides that nothing in the Agreement shall be construed to limit the authority of a party to determine through its legislative, regulatory, and administrative measures, the level of protection it considers appropriate for civil aviation safety.

.

(b)

Clerical amendment

The analysis for such chapter is amended by adding at the end the following:

44730. Inspection of foreign repair stations.

.

304.

Runway safety

(a)

Strategic runway safety plan

(1)

In general

Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop and submit to Congress a report containing a strategic runway safety plan.

(2)

Contents of plan

The strategic runway safety plan—

(A)

shall include, at a minimum—

(i)

goals to improve runway safety;

(ii)

near- and longer-term actions designed to reduce the severity, number, and rate of runway incursions;

(iii)

timeframes and resources needed for the actions described in clause (ii); and

(iv)

a continuous evaluative process to track performance toward the goals referred to in clause (i); and

(B)

shall address the increased runway safety risk associated with the expected increased volume of air traffic.

(b)

Plan for installation and deployment of systems To provide alerts of potential runway incursions

Not later than December 31, 2009, the Administrator of the Federal Aviation Administration shall submit to Congress a report containing a plan for the installation and deployment of systems the Administration is installing to alert controllers or flight crews, or both, of potential runway incursions. The plan shall be integrated into the annual NextGen Implementation Plan document of the Administration or any successor document.

305.

Improved pilot licenses

(a)

In general

Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall begin to issue improved pilot licenses consistent with the requirements of title 49, United States Code, and title 14, Code of Federal Regulations.

(b)

Requirements

Improved pilots licenses issued under subsection (a) shall—

(1)

be resistant to tampering, alteration, and counterfeiting;

(2)

include a photograph of the individual to whom the license is issued; and

(3)

be capable of accommodating a digital photograph, a biometric identifier, or any other unique identifier that the Administrator considers necessary.

(c)

Tampering

To the extent practical, the Administrator shall develop methods to determine or reveal whether any component or security feature of a license issued under subsection (a) has been tampered, altered, or counterfeited.

(d)

Use of designees

The Administrator may use designees to carry out subsection (a) to the extent feasible in order to minimize the burdens on pilots.

(e)

Report

Not later than 9 months after the date of enactment of this Act and every 6 months thereafter until September 30, 2012, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the issuance of improved pilot licenses under this section.

306.

Flight crew fatigue

(a)

In general

Not later than 3 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall conclude arrangements with the National Academy of Sciences for a study of pilot fatigue.

(b)

Study

The study shall include consideration of—

(1)

research on pilot fatigue, sleep, and circadian rhythms;

(2)

sleep and rest requirements of pilots recommended by the National Aeronautics and Space Administration and the National Transportation Safety Board; and

(3)

Federal Aviation Administration and international standards regarding flight limitations and rest for pilots.

(c)

Report

Not later than 18 months after initiating the study, the National Academy of Sciences shall submit to the Administrator a report containing its findings and recommendations regarding the study under subsections (a) and (b), including recommendations with respect to Federal Aviation Administration regulations governing flight time limitations and rest requirements for pilots.

(d)

Rulemaking

After the Administrator receives the report of the National Academy of Sciences, the Administrator shall consider the findings in the report and update as appropriate based on scientific data Federal Aviation Administration regulations governing flight time limitations and rest requirements for pilots.

(e)

Flight attendant fatigue

(1)

Study

The Administrator, acting through the Civil Aerospace Medical Institute, shall conduct a study on the issue of flight attendant fatigue.

(2)

Contents

The study shall include the following:

(A)

A survey of field operations of flight attendants.

(B)

A study of incident reports regarding flight attendant fatigue.

(C)

Field research on the effects of such fatigue.

(D)

A validation of models for assessing flight attendant fatigue.

(E)

A review of international policies and practices regarding flight limitations and rest of flight attendants.

(F)

An analysis of potential benefits of training flight attendants regarding fatigue.

(3)

Report

Not later than June 30, 2010, the Administrator shall submit to Congress a report on the results of the study.

(f)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section.

307.

Occupational safety and health standards for flight attendants on board aircraft

(a)

In general

Chapter 447 (as amended by section 303 of this Act) is further amended by adding at the end the following:

44731.

Occupational safety and health standards for flight attendants on board aircraft

(a)

In general

The Administrator of the Federal Aviation Administration shall prescribe and enforce standards and regulations to ensure the occupational safety and health of individuals serving as flight attendants in the cabin of an aircraft of an air carrier.

(b)

Standards and regulations

Standards and regulations issued under this section shall require each air carrier operating an aircraft in air transportation—

(1)

to provide for an environment in the cabin of the aircraft that is free from hazards that could cause physical harm to a flight attendant working in the cabin; and

(2)

to meet minimum standards for the occupational safety and health of flight attendants who work in the cabin of the aircraft.

(c)

Rulemaking

In carrying out this section, the Administrator shall conduct a rulemaking proceeding to address, at a minimum, the following areas:

(1)

Record keeping.

(2)

Blood borne pathogens.

(3)

Noise.

(4)

Sanitation.

(5)

Hazard communication.

(6)

Anti-discrimination.

(7)

Access to employee exposure and medical records.

(8)

Temperature standards for the aircraft cabin.

(d)

Regulations

(1)

Deadline

Not later than 3 years after the date of enactment of this section, the Administrator shall issue final regulations to carry out this section.

(2)

Contents

Regulations issued under this subsection shall address each of the issues identified in subsection (c) and others aspects of the environment of an aircraft cabin that may cause illness or injury to a flight attendant working in the cabin.

(3)

Employer actions to address occupational safety and health hazards

Regulations issued under this subsection shall set forth clearly the circumstances under which an air carrier is required to take action to address occupational safety and health hazards.

(e)

Additional rulemaking proceedings

After issuing regulations under subsection (c), the Administrator may conduct additional rulemaking proceedings as the Administrator determines appropriate to carry out this section.

(f)

Oversight

(1)

Cabin Occupational Safety and Health Inspectors

The Administrator shall establish the position of Cabin Occupational Safety and Health Inspector within the Federal Aviation Administration and shall employ individuals with appropriate qualifications and expertise to serve in the position.

(2)

Responsibilities

Inspectors employed under this subsection shall be solely responsible for conducting proper oversight of air carrier programs implemented under this section.

(g)

Consultation

In developing regulations under this section, the Administrator shall consult with the Administrator of the Occupational Safety and Health Administration, labor organizations representing flight attendants, air carriers, and other interested persons.

(h)

Safety priority

In developing and implementing regulations under this section, the Administrator shall give priority to the safe operation and maintenance of an aircraft.

(i)

Flight attendant defined

In this section, the term flight attendant has the meaning given that term by section 44728.

(j)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out this section. Such sums shall remain available until expended.

.

(b)

Clerical amendment

The analysis for chapter 447 is amended by adding at the end the following:

44731. Occupational safety and health standards for flight attendants on board aircraft.

.

308.

Aircraft surveillance in mountainous areas

(a)

Establishment

The Administrator of the Federal Aviation Administration may establish a pilot program to improve safety and efficiency by providing surveillance for aircraft flying outside of radar coverage in mountainous areas.

(b)

Authorization of Appropriations

There is authorized to be appropriated such sums as may be necessary to carry out this section. Such sums shall remain available until expended.

309.

Off-airport, low-altitude aircraft weather observation technology

(a)

Study

The Administrator of the Federal Aviation Administration shall conduct a review of off-airport, low-altitude aircraft weather observation technologies.

(b)

Specific review

The review shall include, at a minimum, an examination of off-airport, low-altitude weather reporting needs, an assessment of technical alternatives (including automated weather observation stations), an investment analysis, and recommendations for improving weather reporting.

(c)

Report

Not later than 1 after the date of enactment of this Act, the Administrator shall submit to Congress a report containing the results of the review.

310.

Noncertificated maintenance providers

(a)

Issuance of regulations

Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue regulations requiring that all covered maintenance work on aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, be performed by individuals in accordance with subsection (b).

(b)

Persons authorized To perform certain work

Covered maintenance work for a part 121 air carrier shall only be performed by—

(1)

an individual employed by the air carrier;

(2)

an individual employed by another part 121 air carrier;

(3)

an individual employed by a part 145 repair station; or

(4)

an individual employed by a company that provides contract maintenance workers to a part 145 repair station or part 121 air carrier, if the individual—

(A)

meets the requirements of the part 145 repair station or the part 121 air carrier;

(B)

works under the direct supervision and control of the part 145 repair station or part 121 air carrier; and

(C)

carries out the work in accordance with the part 121 air carrier’s maintenance manual and, if applicable, the part 145 certificate holder’s repair station and quality control manuals.

(c)

Plan

(1)

Development

The Administrator shall develop a plan to—

(A)

require air carriers to identify and provide to the Administrator a complete listing of all noncertificated maintenance providers that perform, before the effective date of the regulations to be issued under subsection (a), covered maintenance work on aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations;

(B)

validate the lists that air carriers provide under subparagraph (A) by sampling air carrier records, such as maintenance activity reports and general vendor listings; and

(C)

include surveillance and oversight by field inspectors of the Federal Aviation Administration for all noncertificated maintenance providers that perform covered maintenance work on aircraft used to provide air transportation in accordance with such part 121.

(2)

Report to Congress

Not later than 6 months after the date of enactment of this Act, the Administrator shall transmit to Congress a report containing the plan developed under paragraph (1).

(d)

Definitions

In this section, the following definitions apply:

(1)

Covered maintenance work

The term covered maintenance work means maintenance work that is essential, regularly scheduled, or a required inspection item, as determined by the Administrator.

(2)

Part 121 air carrier

The term part 121 air carrier means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.

(3)

Part 145 repair station

The term part 145 repair station means a repair station that holds a certificate issued under part 145 of title 14, Code of Federal Regulations.

(4)

Noncertificated maintenance provider

The term noncertificated maintenance provider means a maintenance provider that does not hold a certificate issued under part 121 or part 145 of title 14 Code of Federal Regulations.

(e)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary for the Administrator to hire additional field safety inspectors to ensure adequate and timely inspection of maintenance providers that perform covered maintenance work.

311.

Aircraft rescue and firefighting standards

(a)

Rulemaking proceeding

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a rulemaking proceeding for the purpose of issuing a proposed and final rule that revises the aircraft rescue and firefighting standards (ARFF) under part 139 of title 14, Code of Federal Regulations, to improve the protection of the traveling public, other persons, aircraft, buildings, and the environment from fires and hazardous materials incidents.

(b)

Contents of proposed and final rule

The proposed and final rule to be issued under subsection (a) shall address the following:

(1)

The mission of aircraft rescue and firefighting personnel, including responsibilities for passenger egress in the context of other Administration requirements.

(2)

The proper level of staffing.

(3)

The timeliness of a response.

(4)

The handling of hazardous materials incidents at airports.

(5)

Proper vehicle deployment.

(6)

The need for equipment modernization.

(c)

Consistency with voluntary consensus standards

The proposed and final rule issued under subsection (a) shall be, to the extent practical, consistent with national voluntary consensus standards for aircraft rescue and firefighting services at airports.

(d)

Assessments of potential impacts

In the rulemaking proceeding initiated under subsection (a), the Administrator shall assess the potential impact of any revisions to the firefighting standards on airports and air transportation service.

(e)

Inconsistency with standards

If the proposed or final rule issued under subsection (a) is not consistent with national voluntary consensus standards for aircraft rescue and firefighting services at airports, the Administrator shall submit to the Office of Management and Budget an explanation of the reasons for such inconsistency in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783).

(f)

Final rule

Not later than 24 months after the date of enactment of this Act, the Administrator shall issue the final rule required by subsection (a).

312.

Cockpit smoke

(a)

Study

The Comptroller General shall conduct a study on the effectiveness of oversight activities of the Federal Aviation Administration relating to preventing or mitigating the effects of dense continuous smoke in the cockpit of a commercial aircraft.

(b)

Report

Not later than 1 after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.

313.

Safety of helicopter air ambulance operations

(a)

In general

Chapter 447 (as amended by this Act) is further amended by adding at the end the following:

44732.

Helicopter air ambulance operations

(a)

Rulemaking

The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to improve the safety of flight crewmembers, medical personnel, and passengers onboard helicopters providing helicopter air ambulance services under part 135 of title 14, Code of Federal Regulations.

(b)

Matters to be addressed

In conducting the rulemaking proceeding under subsection (a), the Administrator shall address the following:

(1)

Flight request and dispatch procedures, including performance-based flight dispatch procedures.

(2)

Pilot training standards, including—

(A)

mandatory training requirements, including a minimum time for completing the training requirements;

(B)

training subject areas, such as communications procedures and appropriate technology use;

(C)

establishment of training standards in—

(i)

crew resource management;

(ii)

flight risk evaluation;

(iii)

preventing controlled flight into terrain;

(iv)

recovery from inadvertent flight into instrument meteorological conditions;

(v)

operational control of the pilot in command; and

(vi)

use of flight simulation training devices and line oriented flight training.

(3)

Safety-enhancing technology and equipment, including—

(A)

helicopter terrain awareness and warning systems;

(B)

radar altimeters;

(C)

devices that perform the function of flight data recorders and cockpit voice recorders, to the extent feasible; and

(D)

safety equipment that should be worn or used by flight crewmembers and medical personnel on a flight, including the possible use of shoulder harnesses, helmets, seatbelts, and fire resistant clothing to enhance crash survivability.

(4)

Such other matters as the Administrator considers appropriate.

(c)

Minimum requirements

In issuing a final rule under subsection (a), the Administrator, at a minimum, shall provide for the following:

(1)

Flight risk evaluation program

The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services—

(A)

establishes a flight risk evaluation program, based on FAA Notice 8000.301 issued by the Administration on August 1, 2005, including any updates thereto;

(B)

as part of the flight risk evaluation program, develops a checklist for use by pilots in determining whether a flight request should be accepted; and

(C)

requires the pilots of the certificate holder to use the checklist.

(2)

Operational control center

The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services using 10 or more helicopters has an operational control center that meets such requirements as the Administrator may prescribe.

(3)

Compliance

The Administrator shall ensure that a part 135 certificate holder providing helicopter air ambulance services complies with applicable regulations under part 135 of title 14, Code of Federal Regulations, including regulations on weather minima and flight and duty time whenever medical personnel are onboard the aircraft.

(d)

Deadlines

The Administrator shall—

(1)

not later than 180 days after the date of enactment of this section, issue a notice of proposed rulemaking under subsection (a); and

(2)

not later than 16 months after the close of the comment period on the proposed rule, issue a final rule.

(e)

Part 135 certificate holder defined

In this section, the term part 135 certificate holder means a person holding a certificate issued under part 135 of title 14, Code of Federal Regulations.

44733.

Collection of data on helicopter air ambulance operations

(a)

In general

The Administrator of the Federal Aviation Administration shall require a part 135 certificate holder providing helicopter air ambulance services to submit to the Administrator, not later than one year after the date of enactment of this section, and annually thereafter, a report containing, at a minimum, the following data:

(1)

The number of helicopters that the certificate holder uses to provide helicopter air ambulance services and the base locations of the helicopters.

(2)

The number of flights and hours flown, by registration number, during which helicopters operated by the certificate holder were providing helicopter air ambulance services.

(3)

The number of flight requests for a helicopter providing helicopter air ambulance services that were accepted or declined by the certificate holder and the type of each such flight request (such as scene response, inter-facility transport, organ transport, or ferry or repositioning flight).

(4)

The number of accidents involving helicopters operated by the certificate holder while providing helicopter air ambulance services and a description of the accidents.

(5)

The number of flights and hours flown under instrument flight rules by helicopters operated by the certificate holder while providing helicopter air ambulance services.

(6)

The time of day of each flight flown by helicopters operated by the certificate holder while providing helicopter air ambulance services.

(b)

Reporting period

Data contained in a report submitted by a part 135 certificate holder under subsection (a) shall relate to such reporting period as the Administrator determines appropriate.

(c)

Database

Not later than 6 months after the date of enactment of this section, the Administrator shall develop a method to collect and store the data collected under subsection (a), including a method to protect the confidentiality of any trade secret or proprietary information provided in response to this section.

(d)

Report to Congress

Not later than 24 months after the date of enactment of this section, and annually thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing a summary of the data collected under subsection (a).

(e)

Part 135 certificate holder defined

In this section, the term part 135 certificate holder means a person holding a certificate issued under part 135 of title 14, Code of Federal Regulations.

.

(b)

Clerical amendment

The analysis for chapter 447 (as amended by this Act) is further amended by adding at the end the following:

Sec. 44732. Helicopter air ambulance operations.

Sec. 44733. Collection of data on helicopter air ambulance operations.

.

314.

Feasibility of requiring helicopter pilots to use night vision goggles

(a)

Study

The Administrator of the Federal Aviation Administration shall carry out a study on the feasibility of requiring pilots of helicopters providing helicopter air ambulance services under part 135 of title 14, Code of Federal Regulations, to use night vision goggles during nighttime operations.

(b)

Considerations

In conducting the study, the Administrator shall consult with owners and operators of helicopters providing helicopter air ambulance services under such part 135 and aviation safety professionals to determine the benefits, financial considerations, and risks associated with requiring the use of night vision goggles.

(c)

Report to Congress

Not later than 1 after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

315.

Study of helicopter and fixed wing air ambulance services

(a)

In general

The Comptroller General shall conduct a study of the helicopter and fixed-wing air ambulance industry. The study shall include information, analysis, and recommendations pertinent to ensuring a safe air ambulance industry.

(b)

Required information

In conducting the study, the Comptroller General shall obtain detailed information on the following aspects of the air ambulance industry:

(1)

A review of the industry, for part 135 certificate holders and indirect carriers providing helicopter and fixed-wing air ambulance services, including—

(A)

a listing of the number, size, and location of helicopter and fixed-wing aircraft and their flight bases;

(B)

affiliations of certificate holders and indirect carriers with hospitals, governments, and other entities;

(C)

coordination of air ambulance services, with each other, State and local emergency medical services systems, referring entities, and receiving hospitals;

(D)

nature of services contracts, sources of payment, financial relationships between certificate holders and indirect carriers providing air ambulance services and referring entities, and costs of operations; and

(E)

a survey of business models for air ambulance operations, including expenses, structure, and sources of income.

(2)

Air ambulance request and dispatch practices, including the various types of protocols, models, training, certifications, and air medical communications centers relating to part 135 certificate holders and indirect carriers providing helicopter and fixed-wing air ambulance services, including—

(A)

the practices that emergency and medical officials use to request an air ambulance;

(B)

information on whether economic or other nonmedical factors lead to air ambulance transport when it is not medically needed, appropriate, or safe; and

(C)

the cause, occurrence, and extent of delays in air ambulance transport.

(3)

Economic and medical issues relating to the air ambulance industry, including—

(A)

licensing;

(B)

certificates of need;

(C)

public convenience and necessity requirements;

(D)

assignment of geographic coverage areas;

(E)

accreditation requirements;

(F)

compliance with dispatch procedures; and

(G)

requirements for medical equipment and personnel onboard the aircraft.

(4)

Such other matters as the Comptroller General considers relevant to the purpose of the study.

(c)

Analysis and recommendations

Based on information obtained under subsection (b) and other information the Comptroller General considers appropriate, the report shall also include an analysis and specific recommendations, as appropriate, related to—

(1)

the relationship between State regulation and Federal preemption of rates, routes, and services of air ambulances;

(2)

the extent to which Federal law may impact existing State regulation of air ambulances and the potential effect of greater State regulation—

(A)

in the air ambulance industry, on the economic viability of air ambulance services, the availability and coordination of service, and costs of operations both in rural and highly populated areas;

(B)

on the quality of patient care and outcomes; and

(C)

on competition and safety; and

(3)

whether systemic or other problems exist on a statewide, regional, or national basis with the current system governing air ambulances.

(d)

Report

Not later than June 1, 2010, the Comptroller General shall submit to the Secretary of Transportation and the appropriate committees of Congress a report containing its findings and recommendations regarding the study under this section.

(e)

Adoption of recommended policy changes

Not later than 60 days after the date of receipt of the report under subsection (d), the Secretary shall issue a report to the appropriate committees of Congress, that—

(1)

specifies which, if any, policy changes recommended by the Comptroller General and any other policy changes with respect to air ambulances the Secretary will adopt and implement; and

(2)

includes recommendations for legislative change, if appropriate.

(f)

Part 135 certificate holder defined

In this section, the term part 135 certificate holder means a person holding a certificate issued under part 135 of title 14, Code of Federal Regulations.

B

Unmanned Aircraft Systems

321.

Commercial unmanned aircraft systems integration plan

(a)

Integration plan

(1)

Comprehensive plan

Not later than 9 months after the date of enactment of this Act, the Secretary, in consultation with representatives of the aviation industry, shall develop a comprehensive plan to safely integrate commercial unmanned aircraft systems into the national airspace system.

(2)

Minimum requirements

In developing the plan under paragraph (1), the Secretary shall, at a minimum—

(A)

review technologies and research that will assist in facilitating the safe integration of commercial unmanned aircraft systems into the national airspace system;

(B)

provide recommendations or projections for the rulemaking to be conducted under subsection (b) to—

(i)

define the acceptable standards for operations and certification of commercial unmanned aircraft systems;

(ii)

ensure that any commercial unmanned aircraft system includes a detect, sense, and avoid capability; and

(iii)

develop standards and requirements for the operator, pilot, and programmer of a commercial unmanned aircraft system, including standards and requirements for registration and licensing;

(C)

recommend how best to enhance the technologies and subsystems necessary to effect the safe and routine operations of commercial unmanned aircraft systems in the national airspace system; and

(D)

recommend how a phased-in approach to the integration of commercial unmanned aircraft systems into the national airspace system can best be achieved and a timeline upon which such a phase-in shall occur.

(3)

Deadline

The plan to be developed under paragraph (1) shall provide for the safe integration of commercial unmanned aircraft systems into the national airspace system as soon as possible, but not later than September 30, 2013.

(4)

Report to Congress

Not later than 1 after the date of enactment of this Act, the Secretary shall submit to Congress a copy of the plan developed under paragraph (1).

(b)

Rulemaking

Not later than 18 months after the date on which the integration plan is submitted to Congress under subsection (a)(4), the Administrator of the Federal Aviation Administration shall publish in the Federal Register a notice of proposed rulemaking to implement the recommendations of the integration plan.

(c)

Authorization

There are authorized to be appropriated such sums as may be necessary to carry out this section.

322.

Special rules for certain unmanned aircraft systems

(a)

In general

Notwithstanding the requirements of sections 321 and 323, and not later than 6 months after the date of enactment of this Act, the Secretary shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 321 or the guidance required by section 323.

(b)

Assessment of unmanned aircraft systems

In making the determination under subsection (a), the Secretary shall determine, at a minimum—

(1)

which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and population areas, and operation within visual line-of-sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2)

whether a certificate of authorization or an airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c)

Requirements for safe operation

If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

323.

Public unmanned aircraft systems

Not later than 9 months after the date of enactment of this Act, the Secretary shall issue guidance regarding the operation of public unmanned aircraft systems to—

(1)

expedite the issuance of a certificate of authorization process;

(2)

provide for a collaborative process with public agencies to allow for an incremental expansion of access to the national airspace system as technology matures and the necessary safety analysis and data become available and until standards are completed and technology issues are resolved; and

(3)

facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation Administration, to test and operate unmanned aircraft systems.

324.

Definitions

In this subtitle, the following definitions apply:

(1)

Certificate of authorization

The term certificate of authorization means a Federal Aviation Administration grant of approval for a specific flight operation.

(2)

Detect, sense, and avoid capability

The term detect, sense, and avoid capability means the technical capability to perform separation assurance and collision avoidance, as defined by the Federal Aviation Administration.

(3)

Public unmanned aircraft system

The term public unmanned aircraft system means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft, as defined by section 40102 of title 49, United States Code.

(4)

Secretary

The term Secretary means the Secretary of Transportation.

(5)

Test range

The term test range means a defined geographic area where research and development are conducted.

(6)

Unmanned aircraft

The term unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

(7)

Unmanned aircraft system

The term unmanned aircraft system means an unmanned aircraft and associated elements (such as communication links and a ground control station) that are required to operate safely and efficiently in the national airspace system.

C

Safety and protections

331.

Aviation safety whistleblower investigation office

Section 106 is amended by adding at the end the following:

(s)

Aviation safety whistleblower investigation office

(1)

Establishment

There is established in the Federal Aviation Administration (in this subsection referred to as the Agency) an Aviation Safety Whistleblower Investigation Office (in this subsection referred to as the Office).

(2)

Director

(A)

Appointment

The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation.

(B)

Reports and recommendations to Secretary

The Director shall provide regular reports to the Secretary of Transportation. The Director may recommend that the Secretary take any action necessary for the Office to carry out its functions, including protection of complainants and witnesses.

(C)

Qualifications

The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation.

(D)

Term

The Director shall be appointed for a term of 5 years.

(E)

Vacancy

Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term.

(3)

Complaints and investigations

(A)

Authority of director

The Director shall—

(i)

receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations, and employees of the Agency concerning the possible existence of an activity relating to a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety;

(ii)

assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred; and

(iii)

based on findings of the assessment conducted under clause (ii), make recommendations to the Secretary and Administrator in writing for—

(I)

further investigation by the Office, the Inspector General of the Department of Transportation, or other appropriate investigative body; or

(II)

corrective actions.

(B)

Disclosure of identities

The Director shall not disclose the identity or identifying information of an individual who submits a complaint or information under subparagraph (A)(i) unless—

(i)

the individual consents to the disclosure in writing; or

(ii)

the Director determines, in the course of an investigation, that the disclosure is unavoidable, in which case the Director shall provide the individual with reasonable advance notice.

(C)

Independence of director

The Secretary, the Administrator, or any officer or employee of the Agency may not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or information submitted under subparagraph (A)(i) or from reporting to Congress on any such assessment.

(D)

Access to information

In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to, and can order the retention of, all records, reports, audits, reviews, documents, papers, recommendations, and other material necessary to determine whether a substantial likelihood exists that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred. The Director may order sworn testimony from appropriate witnesses during the course of an investigation.

(E)

Procedure

The Office shall establish procedures equivalent to sections 1213(d) and 1213(e) of title 5 for investigation, report, employee comment, and evaluation by the Secretary for any investigation conducted pursuant to paragraph (3)(A).

(4)

Responses to recommendations

The Administrator shall—

(A)

respond within 60 days to a recommendation made by the Director under paragraph (3)(A)(iii) in writing and retain records related to any further investigations or corrective actions taken in response to the recommendation, in accordance with established record retention requirements; and

(B)

ensure that the findings of all referrals for further investigation or corrective actions taken are reported to the Director.

(5)

Incident reports

If the Director determines there is a substantial likelihood that a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety may have occurred that requires immediate corrective action, the Director shall report the potential violation expeditiously to the Secretary, the Administrator, and the Inspector General of the Department of Transportation.

(6)

Reporting of criminal violations to inspector general

If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General.

(7)

Retaliation against Agency employees

Any retaliatory action taken or threatened against an employee of the Agency for good faith participation in activities under this subsection is prohibited. The Director shall make all policy recommendations and specific requests to the Secretary for relief necessary to protect employees of the Agency who initiate or participate in investigations under this subsection. The Secretary shall respond in a timely manner and shall share the responses with the appropriate committees of Congress.

(8)

Disciplinary actions

The Secretary shall exercise the Secretary's authority under section 2302 of title 5 for the prevention of prohibited personnel actions in any case in which the prohibited personnel action is taken against an employee of the Agency who, in good faith, has reported the possible existence of an activity relating to a violation of an order, regulation, or standard of the Agency or any other provision of Federal law relating to aviation safety. In exercising such authority, the Secretary may subject an employee of the Agency who has taken or failed to take, or threatened to take or fail to take, a personnel action in violation of such section to a disciplinary action up to and including termination.

(9)

Annual reports to Congress

Not later than October 1 of each year, the Director shall submit to Congress a public report containing—

(A)

information on the number of submissions of complaints and information received by the Director under paragraph (3)(A)(i) in the preceding 12-month period;

(B)

summaries of those submissions;

(C)

summaries of further investigations, corrective actions recommended, and referrals in response to the submissions;

(D)

summaries of the responses of the Administrator to such recommendations; and

(E)

an evaluation of personnel and resources necessary to effectively support the mandate of the Office.

.

332.

Modification of customer service initiative

(a)

Findings

Congress finds the following:

(1)

Subsections (a) and (d) of section 40101 of title 49, United States Code, directs the Federal Aviation Administration (in this section referred to as the Agency) to make safety its highest priority.

(2)

In 1996, to ensure that there would be no appearance of a conflict of interest for the Agency in carrying out its safety responsibilities, Congress amended section 40101(d) of such title to remove the responsibilities of the Agency to promote airlines.

(3)

Despite these directives from Congress regarding the priority of safety, the Agency issued a vision statement in which it stated that it has a vision of being responsive to our customers and accountable to the public and, in 2003, issued a customer service initiative that required aviation inspectors to treat air carriers and other aviation certificate holders as customers rather than regulated entities.

(4)

The initiatives described in paragraph (3) appear to have given regulated entities and Agency inspectors the impression that the management of the Agency gives an unduly high priority to the satisfaction of regulated entities regarding its inspection and certification decisions and other lawful actions of its safety inspectors.

(5)

As a result of the emphasis on customer satisfaction, some managers of the Agency have discouraged vigorous enforcement and replaced inspectors whose lawful actions adversely affected an air carrier.

(b)

Modification of initiative

Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall modify the customer service initiative, mission and vision statements, and other statements of policy of the Agency—

(1)

to remove any reference to air carriers or other entities regulated by the Agency as customers;

(2)

to clarify that in regulating safety the only customers of the Agency are individuals traveling on aircraft; and

(3)

to clarify that air carriers and other entities regulated by the Agency do not have the right to select the employees of the Agency who will inspect their operations.

(c)

Safety priority

In carrying out the Administrator’s responsibilities, the Administrator shall ensure that safety is given a higher priority than preventing the dissatisfaction of an air carrier or other entity regulated by the Agency with an employee of the Agency.

333.

Post-employment restrictions for flight standards inspectors

(a)

In general

Section 44711 of title 49, United States Code, is amended by adding at the end the following:

(d)

Post-employment restrictions for flight standards inspectors

(1)

Prohibition

A person holding an operating certificate issued under title 14, Code of Federal Regulations, may not knowingly employ, or make a contractual arrangement which permits, an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration (in this subsection referred to as the Agency) if the individual, in the preceding 2-year period—

(A)

served as, or was responsible for oversight of, a flight standards inspector of the Agency; and

(B)

had responsibility to inspect, or oversee inspection of, the operations of the certificate holder.

(2)

Written and oral communications

For purposes of paragraph (1), an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the Agency if the individual makes any written or oral communication on behalf of the certificate holder to the Agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a flight standards inspector of the Agency.

.

(b)

Applicability

The amendment made by subsection (a) shall not apply to an individual employed by a certificate holder as of the date of enactment of this Act.

334.

Assignment of principal supervisory inspectors

(a)

In general

An individual serving as a principal supervisory inspector of the Federal Aviation Administration (in this section referred to as the Agency) may not be responsible for overseeing the operations of a single air carrier for a continuous period of more than 5 years.

(b)

Transitional provision

An individual serving as a principal supervisory inspector of the Agency with respect to an air carrier as of the date of enactment of this Act may be responsible for overseeing the operations of the carrier until the last day of the 5-year period specified in subsection (a) or last day of the 2-year period beginning on such date of enactment, whichever is later.

(c)

Issuance of order

Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order to carry out this section.

(d)

Authorization of appropriations

There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this section.

335.

Headquarters review of air transportation oversight system database

(a)

Reviews

The Administrator of the Federal Aviation Administration shall establish a process by which the air transportation oversight system database of the Federal Aviation Administration (in this section referred to as the Agency) is reviewed by a team of employees of the Agency, including at least one employee selected by the exclusive bargaining representative for aviation safety inspectors, on a monthly basis to ensure that—

(1)

any trends in regulatory compliance are identified; and

(2)

appropriate corrective actions are taken in accordance with Agency regulations, advisory directives, policies, and procedures.

(b)

Monthly team reports

(1)

In general

The team of employees conducting a monthly review of the air transportation oversight system database under subsection (a) shall submit to the Administrator, the Associate Administrator for Aviation Safety, and the Director of Flight Standards a report on the results of the review.

(2)

Contents

A report submitted under paragraph (1) shall identify—

(A)

any trends in regulatory compliance discovered by the team of employees in conducting the monthly review; and

(B)

any corrective actions taken or proposed to be taken in response to the trends.

(c)

Quarterly reports to Congress

The Administrator, on a quarterly basis, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of reviews of the air transportation oversight system database conducted under this section, including copies of reports received under subsection (b).

336.

Improved voluntary disclosure reporting system

(a)

Voluntary Disclosure Reporting Program defined

In this section, the term ‘‘Voluntary Disclosure Reporting Program’’ means the program established by the Federal Aviation Administration through Advisory Circular 00–58A, dated September 8, 2006, including any subsequent revisions thereto.

(b)

Verification

The Administrator of the Federal Aviation Administration shall modify the Voluntary Disclosure Reporting Program to require inspectors to—

(1)

verify that air carriers implement comprehensive solutions to correct the underlying causes of the violations voluntarily disclosed by such air carriers; and

(2)

confirm, before approving a final report of a violation, that the violation, or another violation occurring under the same circumstances, has not been previously discovered by an inspector or self-disclosed by the air carrier.

(c)

Supervisory review of voluntary self disclosures

The Administrator shall establish a process by which voluntary self-disclosures received from air carriers are reviewed and approved by a supervisor after the initial review by an inspector.

(d)

Inspector General Study

(1)

In general

The Inspector General of the Department of Transportation shall conduct a study of the Voluntary Disclosure Reporting Program.

(2)

Review

In conducting the study, the Inspector General shall examine, at a minimum, whether—

(A)

there is evidence that voluntary disclosure is resulting in regulated entities discovering and correcting violations to a greater extent than would otherwise occur if there was no program for immunity from enforcement action;

(B)

the voluntary disclosure program makes the Federal Aviation Administration (FAA) aware of violations that the FAA would not have discovered if there was not a program, and if a violation is disclosed voluntarily, whether the FAA insists on stronger corrective actions than would have occurred if the regulated entity knew of a violation, but FAA did not;

(C)

the information the FAA gets under the program leads to fewer violations by other entities, either because the information leads other entities to look for similar violations or because the information leads FAA investigators to look for similar violations at other entities; and

(D)

there is any evidence that voluntary disclosure has improved compliance with regulations, either for the entities making disclosures or for the industry generally.

(3)

Report

Not later than 1 after the date of enactment of this Act, the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under this section.

D

Airline Safety and Pilot Training Improvement

341.

Short title

This subtitle may be cited as the Airline Safety and Pilot Training Improvement Act of 2010.

342.

Definitions

(a)

Definitions

In this subtitle, the following definitions apply:

(1)

Advanced qualification program

The term advanced qualification program means the program established by the Federal Aviation Administration in Advisory Circular 120–54A, dated June 23, 2006, including any subsequent revisions thereto.

(2)

Air carrier

The term air carrier has the meaning given that term in section 40102 of title 49, United States Code.

(3)

Aviation safety action program

The term aviation safety action program means the program established by the Federal Aviation Administration in Advisory Circular 120–66B, dated November 15, 2002, including any subsequent revisions thereto.

(4)

Flight crewmember

The term “flight crewmember” has the meaning given that term in part 1.1 of title 14, Code of Federal Regulations.

(5)

Flight operational quality assurance program

The term flight operational quality assurance program means the program established by the Federal Aviation Administration in Advisory Circular 120–82, dated April 12, 2004, including any subsequent revisions thereto.

(6)

Line operations safety audit

The term line operations safety audit means the procedure referenced by the Federal Aviation Administration in Advisory Circular 120–90, dated April 27, 2006, including any subsequent revisions thereto.

(7)

Part 121 air carrier

The term part 121 air carrier means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.

(8)

Part 135 air carrier

The term part 135 air carrier means an air carrier that holds a certificate issued under part 135 of title 14, Code of Federal Regulations.

343.

FAA Task Force on Air Carrier Safety and Pilot Training

(a)

Establishment

The Administrator of the Federal Aviation Administration shall establish a special task force to be known as the FAA Task Force on Air Carrier Safety and Pilot Training (in this section referred to as the Task Force).

(b)

Composition

The Task Force shall consist of members appointed by the Administrator and shall include air carrier representatives, labor union representatives, and aviation safety experts with knowledge of foreign and domestic regulatory requirements for flight crewmember education and training.

(c)

Duties

The duties of the Task Force shall include, at a minimum, evaluating best practices in the air carrier industry and providing recommendations in the following areas:

(1)

Air carrier management responsibilities for flight crewmember education and support.

(2)

Flight crewmember professional standards.

(3)

Flight crewmember training standards and performance.

(4)

Mentoring and information sharing between air carriers.

(d)

Report

Not later than 180 days after the date of enactment of this Act, and before the last day of each 180-day period thereafter until termination of the Task Force, the Task Force shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing—

(1)

the progress of the Task Force in identifying best practices in the air carrier industry;

(2)

the progress of air carriers and labor unions in implementing the best practices identified by the Task Force;

(3)

recommendations of the Task Force, if any, for legislative or regulatory actions;

(4)

the progress of air carriers and labor unions in implementing training-related, nonregulatory actions recommended by the Administrator; and

(5)

the progress of air carriers in developing specific programs to share safety data and ensure implementation of the most effective safety practices.

(e)

Termination

The Task Force shall terminate on September 30, 2012.

(f)

Applicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.

344.

Implementation of NTSB flight crewmember training recommendations

(a)

Rulemaking proceedings

(1)

Stall and upset recognition and recovery training

The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require part 121 air carriers to provide flight crewmembers with ground training and flight training or flight simulator training—

(A)

to recognize and avoid a stall of an aircraft or, if not avoided, to recover from the stall; and

(B)

to recognize and avoid an upset of an aircraft or, if not avoided, to execute such techniques as available data indicate are appropriate to recover from the upset in a given make, model, and series of aircraft.

(2)

Remedial training programs

The Administrator shall conduct a rulemaking proceeding to require part 121 air carriers to establish remedial training programs for flight crewmembers who have demonstrated performance deficiencies or experienced failures in the training environment.

(3)

Deadlines

The Administrator shall—

(A)

not later than 180 days after the date of enactment of this Act, issue a notice of proposed rulemaking under each of paragraphs (1) and (2); and

(B)

not later than 24 months after the date of enactment of this Act, issue a final rule for the rulemaking under each of paragraphs (1) and (2).

(b)

Stick pusher training and weather event training

(1)

Multidisciplinary panel

Not later than 120 days after the date of enactment of this Act, the Administrator shall convene a multidisciplinary panel of specialists in aircraft operations, flight crewmember training, human factors, and aviation safety to study and submit to the Administrator a report on methods to increase the familiarity of flight crewmembers with, and improve the response of flight crewmembers to, stick pusher systems, icing conditions, and microburst and windshear weather events.

(2)

Report to Congress and NTSB

Not later than 1 after the date on which the Administrator convenes the panel, the Administrator shall—

(A)

submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the National Transportation Safety Board a report based on the findings of the panel; and

(B)

with respect to stick pusher systems, initiate appropriate actions to implement the recommendations of the panel.

(c)

Definitions

In this section, the following definitions apply:

(1)

Flight training and flight simulator

The terms flight training and flight simulator have the meanings given those terms in part 61.1 of title 14, Code of Federal Regulations (or any successor regulation).

(2)

Stall

The term stall means an aerodynamic loss of lift caused by exceeding the critical angle of attack.

(3)

Stick pusher

The term ‘‘stick pusher’’ means a device that, at or near a stall, applies a nose down pitch force to an aircraft’s control columns to attempt to decrease the aircraft’s angle of attack.

(4)

Upset

The term upset means an unusual aircraft attitude.

345.

Secretary of Transportation responses to safety recommendations

(a)

In general

The first sentence of section 1135(a) of title 49, United States Code, is amended by inserting to the National Transportation Safety Board after shall give.

(b)

Air carrier safety recommendations

Section 1135 of such title is amended—

(1)

by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(2)

by inserting after subsection (b) the following:

(c)

Annual report on air carrier safety recommendations

(1)

In general

The Secretary shall submit to Congress and the Board, on an annual basis, a report on the recommendations made by the Board to the Secretary regarding air carrier operations conducted under part 121 of title 14, Code of Federal Regulations.

(2)

Recommendations to be covered

The report shall cover—

(A)

any recommendation for which the Secretary has developed, or intends to develop, procedures to adopt the recommendation or part of the recommendation, but has yet to complete the procedures; and

(B)

any recommendation for which the Secretary, in the preceding year, has issued a response under subsection (a)(2) or (a)(3) refusing to carry out all or part of the procedures to adopt the recommendation.

(3)

Contents

(A)

Plans to adopt recommendations

For each recommendation of the Board described in paragraph (2)(A), the report shall contain—

(i)

a description of the recommendation;

(ii)

a description of the procedures planned for adopting the recommendation or part of the recommendation;

(iii)

the proposed date for completing the procedures; and

(iv)

if the Secretary has not met a deadline contained in a proposed timeline developed in connection with the recommendation under subsection (b), an explanation for not meeting the deadline.

(B)

Refusals to adopt recommendations

For each recommendation of the Board described in paragraph (2)(B), the report shall contain—

(i)

a description of the recommendation; and

(ii)

a description of the reasons for the refusal to carry out all or part of the procedures to adopt the recommendation.

.

346.

FAA pilot records database

(a)

Records of employment of pilot applicants

Section 44703(h) of title 49, United States Code, is amended by adding at the end the following:

(16)

Applicability

This subsection shall cease to be effective on the date specified in regulations issued under subsection (i).

.

(b)

Establishment of FAA pilot records database

Section 44703 of such title is amended—

(1)

by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and

(2)

by inserting after subsection (h) the following:

(i)

FAA pilot records database

(1)

In general

Before allowing an individual to begin service as a pilot, an air carrier shall access and evaluate, in accordance with the requirements of this subsection, information pertaining to the individual from the pilot records database established under paragraph (2).

(2)

Pilot records database

The Administrator shall establish an electronic database (in this subsection referred to as the database) containing the following records:

(A)

FAA records

From the Administrator—

(i)

records that are maintained by the Administrator concerning current airman certificates, including airman medical certificates and associated type ratings and information on any limitations to those certificates and ratings;

(ii)

records that are maintained by the Administrator concerning any failed attempt of an individual to pass a practical test required to obtain a certificate or type rating under part 61 of title 14, Code of Federal Regulations; and

(iii)

summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title that was not subsequently overturned.

(B)

Air carrier and other records

From any air carrier or other person (except a branch of the Armed Forces, the National Guard, or a reserve component of the Armed Forces) that has employed an individual as a pilot of a civil or public aircraft, or from the trustee in bankruptcy for such air carrier or person—

(i)

records pertaining to the individual that are maintained by the air carrier (other than records relating to flight time, duty time, or rest time), including records under regulations set forth in—

(I)

section 121.683 of title 14, Code of Federal Regulations;

(II)

paragraph (A) of section VI, appendix I, part 121 of such title;

(III)

paragraph (A) of section IV, appendix J, part 121 of such title;

(IV)

section 125.401 of such title; and

(V)

section 135.63(a)(4) of such title; and

(ii)

other records pertaining to the individual’s performance as a pilot that are maintained by the air carrier or person concerning—

(I)

the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with section 121.411, 125.295, or 135.337 of such title;

(II)

any disciplinary action taken with respect to the individual that was not subsequently overturned; and

(III)

any release from employment or resignation, termination, or disqualification with respect to employment.

(C)

National Driver Register records

In accordance with section 30305(b)(8) of this title, from the chief driver licensing official of a State, information concerning the motor vehicle driving record of the individual.

(3)

Written consent; release from liability

An air carrier—

(A)

shall obtain the written consent of an individual before accessing records pertaining to the individual under paragraph (1); and

(B)

may, notwithstanding any other provision of law or agreement to the contrary, require an individual with respect to whom the carrier is accessing records under paragraph (1) to execute a release from liability for any claim arising from accessing the records or the use of such records by the air carrier in accordance with this section (other than a claim arising from furnishing information known to be false and maintained in violation of a criminal statute).

(4)

Reporting

(A)

Reporting by Administrator

The Administrator shall enter data described in paragraph (2)(A) into the database promptly to ensure that an individual’s records are current.

(B)

Reporting by air carriers and other persons

(i)

In general

Air carriers and other persons shall report data described in paragraphs (2)(B) and (2)(C) to the Administrator promptly for entry into the database.

(ii)

Data to be reported

Air carriers and other persons shall report, at a minimum, under clause (i) the following data described in paragraph (2)(B):

(I)

Records that are generated by the air carrier or other person after the date of enactment of this paragraph.

(II)

Records that the air carrier or other person is maintaining, on such date of enactment, pursuant to subsection (h)(4).

(5)

Requirement to maintain records

The Administrator—

(A)

shall maintain all records entered into the database under paragraph (2) pertaining to an individual until the date of receipt of notification that the individual is deceased; and

(B)

may remove the individual’s records from the database after that date.

(6)

Receipt of consent

The Administrator shall not permit an air carrier to access records pertaining to an individual from the database under paragraph (1) without the air carrier first demonstrating to the satisfaction of the Administrator that the air carrier has obtained the written consent of the individual.

(7)

Right of pilot to review certain records and correct inaccuracies

Notwithstanding any other provision of law or agreement, the Administrator, upon receipt of written request from an individual—

(A)

shall make available, not later than 30 days after the date of the request, to the individual for review all records referred to in paragraph (2) pertaining to the individual; and

(B)

shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records.

(8)

Reasonable charges for processing requests and furnishing copies

The Administrator may establish a reasonable charge for the cost of processing a request under paragraph (1) or (7) and for the cost of furnishing copies of requested records under paragraph (7).

(9)

Privacy protections

(A)

Use of records

An air carrier that accesses records pertaining to an individual under paragraph (1) may use the records only to assess the qualifications of the individual in deciding whether or not to hire the individual as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the individual and the confidentiality of the records accessed, including ensuring that information contained in the records is not divulged to any individual that is not directly involved in the hiring decision.

(B)

Disclosure of information

(i)

In general

Except as provided by clause (ii), information collected by the Administrator under paragraph (2) shall be exempt from the disclosure requirements of section 552 of title 5.

(ii)

Exceptions

Clause (i) shall not apply to—

(I)

de-identified, summarized information to explain the need for changes in policies and regulations;

(II)

information to correct a condition that compromises safety;

(III)

information to carry out a criminal investigation or prosecution;

(IV)

information to comply with section 44905, regarding information about threats to civil aviation; and

(V)

such information as the Administrator determines necessary, if withholding the information would not be consistent with the safety responsibilities of the Federal Aviation Administration.

(10)

Periodic review

Not later than 18 months after the date of enactment of this paragraph, and at least once every 3 years thereafter, the Administrator shall transmit to Congress a statement that contains, taking into account recent developments in the aviation industry—

(A)

recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air carrier records, and other records required to be included in the database under paragraph (2); or

(B)

reasons why the Administrator does not recommend any proposed changes to the records referred to in subparagraph (A).

(11)

Regulations for protection and security of records

The Administrator shall prescribe such regulations as may be necessary—

(A)

to protect and secure—

(i)

the personal privacy of any individual whose records are accessed under paragraph (1); and

(ii)

the confidentiality of those records; and

(B)

to preclude the further dissemination of records received under paragraph (1) by the person who accessed the records.

(12)

Good faith exception

Notwithstanding paragraph (1), an air carrier may allow an individual to begin service as a pilot, without first obtaining information described in paragraph (2)(B) from the database pertaining to the individual, if—

(A)

the air carrier has made a documented good faith attempt to access the information from the database; and

(B)

has received written notice from the Administrator that the information is not contained in the database because the individual was employed by an air carrier or other person that no longer exists or by a foreign government or other entity that has not provided the information to the database.

(13)

Limitations on electronic access to records

(A)

Access by individuals designated by air carriers

For the purpose of increasing timely and efficient access to records described in paragraph (2), the Administrator may allow, under terms established by the Administrator, an individual designated by an air carrier to have electronic access to the database.

(B)

Terms

The terms established by the Administrator under subparagraph (A) for allowing a designated individual to have electronic access to the database shall limit such access to instances in which information in the database is required by the designated individual in making a hiring decision concerning a pilot applicant and shall require that the designated individual provide assurances satisfactory to the Administrator that—

(i)

the designated individual has received the written consent of the pilot applicant to access the information; and

(ii)

information obtained using such access will not be used for any purpose other than making the hiring decision.

(14)

Authorized expenditures

Out of amounts appropriated under section 106(k)(1), there is authorized to be expended to carry out this subsection such sums as may be necessary for each of fiscal years 2010, 2011, and 2012.

(15)

Regulations

(A)

In general

The Administrator shall issue regulations to carry out this subsection.

(B)

Effective date

The regulations shall specify the date on which the requirements of this subsection take effect and the date on which the requirements of subsection (h) cease to be effective.

(C)

Exceptions

Notwithstanding subparagraph (B)—

(i)

the Administrator shall begin to establish the database under paragraph (2) not later than 90 days after the date of enactment of this paragraph;

(ii)

the Administrator shall maintain records in accordance with paragraph (5) beginning on the date of enactment of this paragraph; and

(iii)

air carriers and other persons shall maintain records to be reported to the database under paragraph (4)(B) in the period beginning on such date of enactment and ending on the date that is 5 years after the requirements of subsection (h) cease to be effective pursuant to subparagraph (B).

(16)

Special rule

During the one-year period beginning on the date on which the requirements of this section become effective pursuant to paragraph (15)(B), paragraph (7)(A) shall be applied by substituting 45 days for 30 days.

.

(c)

Conforming amendments

(1)

Limitation on liability; preemption of State law

Section 44703(j) (as redesignated by subsection (b)(1) of this section) is amended—

(A)

in the subsection heading by striking Limitation and inserting Limitations;

(B)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A) by striking paragraph (2) and inserting subsection (h)(2) or (i)(3);

(ii)

in subparagraph (A) by inserting or accessing the records of that individual under subsection (i)(1) before the semicolon; and

(iii)

in the matter following subparagraph (D) by striking subsection (h) and inserting subsection (h) or (i);

(C)

in paragraph (2) by striking subsection (h) and inserting subsection (h) or (i);

(D)

in paragraph (3), in the matter preceding subparagraph (A), by inserting or who furnished information to the database established under subsection (i)(2) after subsection (h)(1); and

(E)

by adding at the end the following:

(4)

Prohibition on actions and proceedings against air carriers

(A)

Hiring decisions

An air carrier may refuse to hire an individual as a pilot if the individual did not provide written consent for the air carrier to receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute the release from liability requested under subsection (h)(2)(B) or (i)(3)(B).

(B)

Actions and proceedings

No action or proceeding may be brought against an air carrier by or on behalf of an individual who has applied for or is seeking a position as a pilot with the air carrier if the air carrier refused to hire the individual after the individual did not provide written consent for the air carrier to receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute a release from liability requested under subsection (h)(2)(B) or (i)(3)(B).

.

(2)

Limitation on statutory construction

Section 44703(k) (as redesignated by subsection (b)(1) of this section) is amended by striking subsection (h) and inserting subsection (h) or (i).

347.

FAA rulemaking on training programs

(a)

Completion of rulemaking on training programs

Not later than 14 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule with respect to the notice of proposed rulemaking published in the Federal Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training programs for flight crewmembers and aircraft dispatchers).

(b)

Expert panel To review part 121 and part 135 training hours

(1)

Establishment

Not later than 60 days after the date of enactment of this Act, the Administrator shall convene a multidisciplinary expert panel comprised of, at a minimum, air carrier representatives, training facility representatives, instructional design experts, aircraft manufacturers, safety organization representatives, and labor union representatives.

(2)

Assessment and recommendations

The panel shall assess and make recommendations concerning—

(A)

the best methods and optimal time needed for flight crewmembers of part 121 air carriers and flight crewmembers of part 135 air carriers to master aircraft systems, maneuvers, procedures, take offs and landings, and crew coordination;

(B)

the optimal length of time between training events for such crewmembers, including recurrent training events;

(C)

the best methods to reliably evaluate mastery by such crewmembers of aircraft systems, maneuvers, procedures, take offs and landings, and crew coordination; and

(D)

the best methods to allow specific academic training courses to be credited pursuant to section 11(d) toward the total flight hours required to receive an airline transport pilot certificate.

(3)

Report

Not later than 1 after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the National Transportation Safety Board a report based on the findings of the panel.

348.

Aviation safety inspectors and operational research analysts

(a)

Review by DOT Inspector General

Not later than 9 months after the date of enactment of this Act, the Inspector General of the Department of Transportation shall conduct a review of aviation safety inspectors and operational research analysts of the Federal Aviation Administration assigned to part 121 air carriers and submit to the Administrator of the Federal Aviation Administration a report on the results of the review.

(b)

Purposes

The purpose of the review shall be, at a minimum—

(1)

to review the level of the Administration’s oversight of each part 121 air carrier;

(2)

to make recommendations to ensure that each part 121 air carrier is receiving an equivalent level of oversight;

(3)

to assess the number and level of experience of aviation safety inspectors assigned to such carriers;

(4)

to evaluate how the Administration is making assignments of aviation safety inspectors to such carriers;

(5)

to review various safety inspector oversight programs, including the geographic inspector program;

(6)

to evaluate the adequacy of the number of operational research analysts assigned to each part 121 air carrier;

(7)

to evaluate the surveillance responsibilities of aviation safety inspectors, including en route inspections;

(8)

to evaluate whether inspectors are able to effectively use data sources, such as the Safety Performance Analysis System and the Air Transportation Oversight System, to assist in targeting oversight of air carriers;

(9)

to assess the feasibility of establishment by the Administration of a comprehensive repository of information that encompasses multiple Administration data sources and allowing access by aviation safety inspectors and operational research analysts to assist in the oversight of part 121 air carriers; and

(10)

to conduct such other analyses as the Inspector General considers relevant to the purpose of the review.

(c)

Report to Congress

Not later than 90 days after the date of receipt of the report submitted under subsection (a), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report—

(1)

that specifies which, if any, policy changes recommended by the Inspector General under this section the Administrator intends to adopt and implement;

(2)

that includes an explanation of how the Administrator plans to adopt and implement such policy changes; and

(3)

in any case in which the Administrator does not intend to adopt a policy change recommended by the Inspector General, that includes an explanation of the reasons for the decision not to adopt and implement the policy change.

349.

Flight crewmember mentoring, professional development, and leadership

(a)

Rulemaking proceeding

(1)

In general

The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require each part 121 air carrier to take the following actions:

(A)

Establish flight crewmember mentoring programs under which the air carrier will pair highly experienced flight crewmembers who will serve as mentor pilots and be paired with newly employed flight crewmembers. Mentor pilots shall receive, at a minimum, specific instruction on techniques for instilling and reinforcing the highest standards of technical performance, airmanship, and professionalism in newly employed flight crewmembers.

(B)

Establish flight crewmember professional development committees made up of air carrier management and labor union or professional association representatives to develop, administer, and oversee formal mentoring programs of the carrier to assist flight crewmembers to reach their maximum potential as safe, seasoned, and proficient flight crewmembers.

(C)

Establish or modify training programs to accommodate substantially different levels and types of flight experience by newly employed flight crewmembers.

(D)

Establish or modify training programs for second-in-command flight crewmembers attempting to qualify as pilot-in-command flight crewmembers for the first time in a specific aircraft type and ensure that such programs include leadership and command training.

(E)

Ensure that recurrent training for pilots in command includes leadership and command training.

(F)

Such other actions as the Administrator determines appropriate to enhance flight crewmember professional development.

(2)

Compliance with sterile cockpit rule

Leadership and command training described in paragraphs (1)(D) and (1)(E) shall include instruction on compliance with flight crewmember duties under part 121.542 of title 14, Code of Federal Regulations.

(3)

Streamlined program review

(A)

In general

As part of the rulemaking required by subsection (a), the Administrator shall establish a streamlined process for part 121 air carriers that have in effect, as of the date of enactment of this Act, the programs required by paragraph (1).

(B)

Expedited approvals

Under the streamlined process, the Administrator shall—

(i)

review the programs of such part 121 air carriers to determine whether the programs meet the requirements set forth in the final rule referred to in subsection (b)(2); and

(ii)

expedite the approval of the programs that the Administrator determines meet such requirements.

(b)

Deadlines

The Administrator shall issue—

(1)

not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); and

(2)

not later than 24 months after such date of enactment, a final rule under subsection (a).

350.

Flight crewmember screening and qualifications

(a)

Requirements

(1)

Rulemaking proceeding

The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require part 121 air carriers to develop and implement means and methods for ensuring that flight crewmembers have proper qualifications and experience.

(2)

Minimum requirements

(A)

Prospective flight crewmembers

Rules issued under paragraph (1) shall ensure that prospective flight crewmembers undergo comprehensive pre-employment screening, including an assessment of the skills, aptitudes, airmanship, and suitability of each applicant for a position as a flight crewmember in terms of functioning effectively in the air carrier’s operational environment.

(B)

All flight crewmembers

Rules issued under paragraph (1) shall ensure that, after the date that is 3 years after the date of enactment of this Act, all flight crewmembers—

(i)

have obtained an airline transport pilot certificate under part 61 of title 14, Code of Federal Regulations; and

(ii)

have appropriate multi-engine aircraft flight experience, as determined by the Administrator.

(b)

Deadlines

The Administrator shall issue—

(1)

not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); and

(2)

not later than 24 months after such date of enactment, a final rule under subsection (a).

351.

Airline transport pilot certification

(a)

Rulemaking proceeding

The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to amend part 61 of title 14, Code of Federal Regulations, to modify requirements for the issuance of an airline transport pilot certificate.

(b)

Minimum requirements

To be qualified to receive an airline transport pilot certificate pursuant to subsection (a), an individual shall—

(1)

have sufficient flight hours, as determined by the Administrator, to enable a pilot to function effectively in an air carrier operational environment; and

(2)

have received flight training, academic training, or operational experience that will prepare a pilot, at a minimum, to—

(A)

function effectively in a multipilot environment;

(B)

function effectively in adverse weather conditions, including icing conditions;

(C)

function effectively during high altitude operations;

(D)

adhere to the highest professional standards; and

(E)

function effectively in an air carrier operational environment.

(c)

Flight hours

(1)

Numbers of flight hours

The total flight hours required by the Administrator under subsection (b)(1) shall be at least 1,500 flight hours.

(2)

Flight hours in difficult operational conditions

The total flight hours required by the Administrator under subsection (b)(1) shall include sufficient flight hours, as determined by the Administrator, in difficult operational conditions that may be encountered by an air carrier to enable a pilot to operate safely in such conditions.

(d)

Credit toward flight hours

The Administrator may allow specific academic training courses, beyond those required under subsection (b)(2), to be credited toward the total flight hours required under subsection (c). The Administrator may allow such credit based on a determination by the Administrator that allowing a pilot to take specific academic training courses will enhance safety more than requiring the pilot to fully comply with the flight hours requirement.

(e)

Recommendations of expert panel

In conducting the rulemaking proceeding under this section, the Administrator shall review and consider the assessment and recommendations of the expert panel to review part 121 and part 135 training hours established by section 7(b) of this Act.

(f)

Deadline

Not later than 36 months after the date of enactment of this Act, the Administrator shall issue a final rule under subsection (a).

352.

Flight schools, flight education, and pilot academic training

(a)

GAO study

The Comptroller General shall conduct a comprehensive study of flight schools, flight education, and academic training requirements for certification of an individual as a pilot.

(b)

Minimum contents of study

The study shall include, at a minimum—

(1)

an assessment of the Federal Aviation Administration’s oversight of flight schools;

(2)

an assessment of the Administration’s academic training requirements in effect on the date of enactment of this Act as compared to flight education provided to a pilot by accredited 2- and 4-year universities;

(3)

an assessment of the quality of pilots entering the part 121 air carrier workforce from all sources after receiving training from flight training providers, including Aviation Accreditation Board International, universities, pilot training organizations, and the military, utilizing the training records of part 121 air carriers, including consideration of any relationships between flight training providers and air carriers;

(4)

a comparison of the academic training requirements for pilots in the United States to the academic training requirements for pilots in other countries;

(5)

a determination and description of any improvements that may be needed in the Administration’s academic training requirements for pilots;

(6)

an assessment of student financial aid and loan options available to individuals interested in enrolling at a flight school for both academic and flight hour training;

(7)

an assessment of the Federal Aviation Administration’s oversight of general aviation flight schools that offer or would like to offer training programs under part 142 of title 14, Code of Federal Regulations; and

(8)

an assessment of whether compliance with the English speaking requirements applicable to pilots under part 61 of such title is adequately tested and enforced.

(c)

Report

Not later than 120 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

353.

Voluntary safety programs

(a)

Report

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the aviation safety action program, the flight operational quality assurance program, the line operations safety audit, and the advanced qualification program.

(b)

Contents

The report shall include—

(1)

a list of—

(A)

which air carriers are using one or more of the voluntary safety programs referred to in subsection (a); and

(B)

the voluntary safety programs each air carrier is using;

(2)

if an air carrier is not using one or more of the voluntary safety programs—

(A)

a list of such programs the carrier is not using; and

(B)

the reasons the carrier is not using each such program;

(3)

if an air carrier is using one or more of the voluntary safety programs, an explanation of the benefits and challenges of using each such program;

(4)

a detailed analysis of how the Administration is using data derived from each of the voluntary safety programs as safety analysis and accident or incident prevention tools and a detailed plan on how the Administration intends to expand data analysis of such programs;

(5)

an explanation of—

(A)

where the data derived from such programs is stored;

(B)

how the data derived from such programs is protected and secured; and

(C)

what data analysis processes air carriers are implementing to ensure the effective use of the data derived from such programs;

(6)

a description of the extent to which aviation safety inspectors are able to review data derived from such programs to enhance their oversight responsibilities;

(7)

a description of how the Administration plans to incorporate operational trends identified under such programs into the air transport oversight system and other surveillance databases so that such system and databases are more effectively utilized;

(8)

other plans to strengthen such programs, taking into account reviews of such programs by the Inspector General of the Department of Transportation; and

(9)

such other matters as the Administrator determines are appropriate.

354.

ASAP and FOQA implementation plan

(a)

Development and implementation plan

The Administrator of the Federal Aviation Administration shall develop and implement a plan to facilitate the establishment of an aviation safety action program and a flight operational quality assurance program by all part 121 air carriers.

(b)

Matters To be considered

In developing the plan under subsection (a), the Administrator shall consider—

(1)

how the Administration can assist part 121 air carriers with smaller fleet sizes to derive benefit from establishing a flight operational quality assurance program;

(2)

how part 121 air carriers with established aviation safety action and flight operational quality assurance programs can quickly begin to report data into the aviation safety information analysis sharing database; and

(3)

how part 121 air carriers and aviation safety inspectors can better utilize data from such database as accident and incident prevention tools.

(c)

Report

Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Science, Commerce, and Transportation of the Senate a copy of the plan developed under subsection (a) and an explanation of how the Administration will implement the plan.

(d)

Deadline for beginning implementation of plan

Not later than 1 after the date of enactment of this Act, the Administrator shall begin implementation of the plan developed under subsection (a).

355.

Safety management systems

(a)

Rulemaking

The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require all part 121 air carriers to implement a safety management system.

(b)

Matters to consider

In conducting the rulemaking under subsection (a), the Administrator shall consider, at a minimum, including each of the following as a part of the safety management system:

(1)

An aviation safety action program.

(2)

A flight operational quality assurance program.

(3)

A line operations safety audit.

(4)

An advanced qualification program.

(c)

Deadlines

The Administrator shall issue—

(1)

not later than 90 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); and

(2)

not later than 24 months after the date of enactment of this Act, a final rule under subsection (a).

(d)

Safety management system defined

In this section, the term safety management system means the program established by the Federal Aviation Administration in Advisory Circular 120–92, dated June 22, 2006, including any subsequent revisions thereto.

356.

Disclosure of air carriers operating flights for tickets sold for air transportation

Section 41712 of title 49, United States Code, is amended by adding at the end the following:

(c)

Disclosure requirement for sellers of tickets for flights

(1)

In general

It shall be an unfair or deceptive practice under subsection (a) for any ticket agent, air carrier, foreign air carrier, or other person offering to sell tickets for air transportation on a flight of an air carrier to not disclose, whether verbally in oral communication or in writing in written or electronic communication, prior to the purchase of a ticket—

(A)

the name (including any business or corporate name) of the air carrier providing the air transportation; and

(B)

if the flight has more than one flight segment, the name of each air carrier providing the air transportation for each such flight segment.

(2)

Internet offers

In the case of an offer to sell tickets described in paragraph (1) on an Internet Web site, disclosure of the information required by paragraph (1) shall be provided on the first display of the Web site following a search of a requested itinerary in a format that is easily visible to a viewer.

.

357.

Pilot fatigue

(a)

Flight and duty time regulations

(1)

In general

In accordance with paragraph (3), the Administrator of the Federal Aviation Administration shall issue regulations, based on the best available scientific information—

(A)

to specify limitations on the hours of flight and duty time allowed for pilots to address problems relating to pilot fatigue; and

(B)

to require part 121 air carriers to develop and implement fatigue risk management plans.

(2)

Matters to be addressed

In conducting the rulemaking proceeding under this subsection, the Administrator shall consider and review the following:

(A)

Time of day of flights in a duty period.

(B)

Number of takeoff and landings in a duty period.

(C)

Number of time zones crossed in a duty period.

(D)

The impact of functioning in multiple time zones or on different daily schedules.

(E)

Research conducted on fatigue, sleep, and circadian rhythms.

(F)

Sleep and rest requirements recommended by the National Transportation Safety Board and the National Aeronautics and Space Administration.

(G)

International standards regarding flight schedules and duty periods.

(H)

Alternative procedures to facilitate alertness in the cockpit.

(I)

Scheduling and attendance policies and practices, including sick leave.

(J)

The effects of commuting, the means of commuting, and the length of the commute.

(K)

Medical screening and treatment.

(L)

Rest environments.

(M)

Any other matters the Administrator considers appropriate.

(3)

Deadlines

The Administrator shall issue—

(A)

not later than 180 days after the date of enactment of this Act, a notice of proposed rulemaking under subsection (a); and

(B)

not later than 1 after the date of enactment of this Act, a final rule under subsection (a).

(b)

Fatigue risk management plan

(1)

Submission of fatigue risk management plan by part 121 air carriers

Not later than 90 days after the date of enactment of this section, each part 121 air carrier shall submit to the Administrator for review and approval a fatigue risk management plan.

(2)

Contents of plan

A fatigue risk management plan submitted by a part 121 air carrier under paragraph (1) shall include the following:

(A)

Current flight time and duty period limitations.

(B)

A rest scheme that enables the management of fatigue, including annual training to increase awareness of—

(i)

fatigue;

(ii)

the effects of fatigue on pilots; and

(iii)

fatigue countermeasures.

(C)

Development and use of a methodology that continually assesses the effectiveness of the program, including the ability of the program—

(i)

to improve alertness; and

(ii)

to mitigate performance errors.

(3)

Plan updates

A part 121 air carrier shall update its fatigue risk management plan under paragraph (1) every 2 years and submit the update to the Administrator for review and approval.

(4)

Approval

(A)

Initial approval or modification

Not later than 9 months after the date of enactment of this section, the Administrator shall review and approve or require modification to fatigue risk management plans submitted under this subsection to ensure that pilots are not operating aircraft while fatigued.

(B)

Update approval or modification

Not later than 9 months after submission of a plan update under paragraph (3), the Administrator shall review and approve or require modification to such update.

(5)

Civil penalties

A violation of this subsection by a part 121 air carrier shall be treated as a violation of chapter 447 of title 49, United States Code, for purposes of the application of civil penalties under chapter 463 of that title.

(6)

Limitation on applicability

The requirements of this subsection shall cease to apply to a part 121 air carrier on and after the effective date of the regulations to be issued under subsection (a).

(c)

Effect of commuting on fatigue

(1)

In general

Not later than 60 days after the date of enactment of this Act, the Administrator shall enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the effects of commuting on pilot fatigue and report its findings to the Administrator.

(2)

Study

In conducting the study, the National Academy of Sciences shall consider—

(A)

the prevalence of pilot commuting in the commercial air carrier industry, including the number and percentage of pilots who commute;

(B)

information relating to commuting by pilots, including distances traveled, time zones crossed, time spent, and methods used;

(C)

research on the impact of commuting on pilot fatigue, sleep, and circadian rhythms;

(D)

commuting policies of commercial air carriers (including passenger and all-cargo air carriers), including pilot check-in requirements and sick leave and fatigue policies;

(E)

post-conference materials from the Federal Aviation Administration’s June 2008 symposium entitled Aviation Fatigue Management Symposium: Partnerships for Solutions;

(F)

Federal Aviation Administration and international policies and guidance regarding commuting; and

(G)

any other matters as the Administrator considers appropriate.

(3)

Preliminary findings

Not later than 90 days after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit to the Administrator its preliminary findings under the study.

(4)

Report

Not later than 6 months after the date of entering into arrangements under paragraph (1), the National Academy of Sciences shall submit to the Administrator a report containing its findings under the study and any recommendations for regulatory or administrative actions by the Federal Aviation Administration concerning commuting by pilots.

(5)

Rulemaking

Following receipt of the report of the National Academy of Sciences under paragraph (4), the Administrator shall—

(A)

consider the findings and recommendations in the report; and

(B)

update, as appropriate based on scientific data, regulations required by subsection (a) on flight and duty time.

(6)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this subsection.

358.

Flight crewmember pairing and crew resource management techniques

(a)

Study

The Administrator of the Federal Aviation Administration shall conduct a study on aviation industry best practices with regard to flight crewmember pairing and crew resource management techniques.

(b)

Report

Not later than 1 after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

IV

Air service improvements

401.

Smoking prohibition

(a)

In general

Section 41706 is amended—

(1)

in the section heading by striking “scheduled” and inserting “passenger”; and

(2)

by striking subsections (a) and (b) and inserting the following:

(a)

Smoking prohibition in intrastate and interstate transportation by aircraft

An individual may not smoke in an aircraft—

(1)

in scheduled passenger interstate air transportation or scheduled passenger intrastate air transportation; and

(2)

in nonscheduled intrastate or interstate transportation of passengers by aircraft for compensation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator of the Federal Aviation Administration).

(b)

Smoking prohibition in foreign air transportation

The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit smoking in an aircraft—

(1)

in scheduled passenger foreign air transportation; and

(2)

in nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator or a foreign government).

.

(b)

Clerical amendment

The analysis for chapter 417 is amended by striking the item relating to section 41706 and inserting the following:

41706. Prohibitions against smoking on flights.

.

402.

Monthly air carrier reports

(a)

In general

Section 41708 is amended by adding at the end the following:

(c)

Diverted and cancelled flights

(1)

Monthly reports

The Secretary shall require an air carrier referred to in paragraph (2) to file with the Secretary a monthly report on each flight of the air carrier that is diverted from its scheduled destination to another airport and each flight of the air carrier that departs the gate at the airport at which the flight originates but is cancelled before wheels-off time.

(2)

Applicability

An air carrier that is required to file a monthly airline service quality performance report under subsection (b) shall be subject to the requirement of paragraph (1).

(3)

Contents

A monthly report filed by an air carrier under paragraph (1) shall include, at a minimum, the following information:

(A)

For a diverted flight—

(i)

the flight number of the diverted flight;

(ii)

the scheduled destination of the flight;

(iii)

the date and time of the flight;

(iv)

the airport to which the flight was diverted;

(v)

wheels-on time at the diverted airport;

(vi)

the time, if any, passengers deplaned the aircraft at the diverted airport; and

(vii)

if the flight arrives at the scheduled destination airport—

(I)

the gate-departure time at the diverted airport;

(II)

the wheels-off time at the diverted airport;

(III)

the wheels-on time at the scheduled arrival airport; and

(IV)

the gate arrival time at the scheduled arrival airport.

(B)

For flights cancelled after gate departure—

(i)

the flight number of the cancelled flight;

(ii)

the scheduled origin and destination airports of the cancelled flight;

(iii)

the date and time of the cancelled flight;

(iv)

the gate-departure time of the cancelled flight; and

(v)

the time the aircraft returned to the gate.

(4)

Publication

The Secretary shall compile the information provided in the monthly reports filed pursuant to paragraph (1) in a single monthly report and publish such report on the website of the Department of Transportation.

.

(b)

Effective date

The Secretary of Transportation shall require monthly reports pursuant to the amendment made by subsection (a) beginning not later than 90 days after the date of enactment of this Act.

403.

Flight operations at Reagan National Airport

(a)

Beyond perimeter exemptions

Section 41718(a) is amended by striking 24 and inserting 34.

(b)

Limitations

Section 41718(c)(2) is amended by striking 3 operations and inserting 5 operations.

(c)

Allocation of beyond-perimeter exemptions

Section 41718(c) is amended—

(1)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(2)

by inserting after paragraph (2) the following:

(3)

Slots

The Administrator of the Federal Aviation Administration shall reduce the hourly air carrier slot quota for Ronald Reagan Washington National Airport in section 93.123(a) of title 14, Code of Federal Regulations, by a total of 10 slots that are available for allocation. Such reductions shall be taken in the 6:00 a.m., 10:00 p.m., or 11:00 p.m. hours, as determined by the Administrator, in order to grant exemptions under subsection (a).

.

(d)

Scheduling priority

Section 41718 is amended—

(1)

by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

(2)

by inserting after subsection (d) the following:

(e)

Scheduling priority

Operations conducted by new entrant air carriers and limited incumbent air carriers shall be afforded a scheduling priority over operations conducted by other air carriers granted exemptions pursuant to this section, with the highest scheduling priority to be afforded to beyond-perimeter operations conducted by new entrant air carriers and limited incumbent air carriers.

.

404.

EAS contract guidelines

(a)

Compensation guidelines

Section 41737(a)(1) is amended—

(1)

by striking and at the end of subparagraph (B);

(2)

in subparagraph (C) by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

(D)

include provisions under which the Secretary may encourage an air carrier to improve air service for which compensation is being paid under this subchapter by incorporating financial incentives in an essential air service contract based on specified performance goals, including goals related to improving on-time performance, reducing the number of flight cancellations, establishing reasonable fares (including joint fares beyond the hub airport), establishing convenient connections to flights providing service beyond hub airports, and increasing marketing efforts; and

(E)

include provisions under which the Secretary may execute a long-term essential air service contract to encourage an air carrier to provide air service to an eligible place if it would be in the public interest to do so.

.

(b)

Deadline for issuance of revised guidance

Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall issue revised guidelines governing the rate of compensation payable under subchapter II of chapter 417 of title 49, United States Code, that incorporate the amendments made by subsection (a).

(c)

Report

Not later than 2 years after the date of issuance of revised guidelines pursuant to subsection (b), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the extent to which the revised guidelines have been implemented and the impact, if any, such implementation has had on air carrier performance and community satisfaction with air service for which compensation is being paid under subchapter II of chapter 417 of title 49, United States Code.

405.

Essential air service reform

(a)

Authorization of appropriations

Section 41742(a)(2) of title 49, United States Code, is amended by striking there is authorized to be appropriated $77,000,000 and inserting there is authorized to be appropriated out of the Airport and Airway Trust Fund $150,000,000.

(b)

Distribution of excess funds

(1)

In general

Section 41742(a) is amended by adding at the end the following:

(4)

Distribution of excess funds

Of the funds, if any, credited to the account established under section 45303 in a fiscal year that exceed the $50,000,000 made available for such fiscal year under paragraph (1)—

(A)

one-half shall be made available immediately for obligation and expenditure to carry out section 41743; and

(B)

one-half shall be made available immediately for obligation and expenditure to carry out subsection (b).

.

(2)

Conforming amendment

Section 41742(b) is amended—

(A)

in the first sentence by striking moneys credited and all that follows before shall be used and inserting amounts made available under subsection (a)(4)(B); and

(B)

in the second sentence by striking any amounts from those fees and inserting any of such amounts.

406.

Small community air service

(a)

Priorities

Section 41743(c)(5) is amended—

(1)

by striking and at the end of subparagraph (D);

(2)

in subparagraph (E) by striking fashion. and inserting fashion; and; and

(3)

by adding at the end the following:

(F)

multiple communities cooperate to submit a regional or multistate application to improve air service.

.

(b)

Extension of Authorization

Section 41743(e)(2) is amended by striking 2009 and inserting 2012.

407.

Air passenger service improvements

(a)

In general

Subtitle VII is amended by inserting after chapter 421 the following:

423

Air passenger service improvements

Sec.

42301. Emergency contingency plans.

42302. Consumer complaints.

42303. Use of insecticides in passenger aircraft.

42304. Notification of flight status by text message or email.

42301.

Emergency contingency plans

(a)

Submission of air carrier and airport plans

Not later than 90 days after the date of enactment of this section, each air carrier providing covered air transportation at a large hub airport or medium hub airport and each operator of a large hub airport or medium hub airport shall submit to the Secretary of Transportation for review and approval an emergency contingency plan in accordance with the requirements of this section.

(b)

Covered air transportation defined

In this section, the term covered air transportation means scheduled passenger air transportation provided by an air carrier using aircraft with more than 30 seats.

(c)

Air carrier plans

(1)

Plans for individual airports

An air carrier shall submit an emergency contingency plan under subsection (a) for—

(A)

each large hub airport and medium hub airport at which the carrier provides covered air transportation; and

(B)

each large hub airport and medium hub airport at which the carrier has flights for which it has primary responsibility for inventory control.

(2)

Contents

An emergency contingency plan submitted by an air carrier for an airport under subsection (a) shall contain a description of how the air carrier will—

(A)

provide food, water that meets the standards of the Safe Drinking Water Act (42 U.S.C. 300f et seq.), restroom facilities, cabin ventilation, and access to medical treatment for passengers onboard an aircraft at the airport that is on the ground for an extended period of time without access to the terminal;

(B)

allow passengers to deplane following excessive delays; and

(C)

share facilities and make gates available at the airport in an emergency.

(d)

Airport plans

An emergency contingency plan submitted by an airport operator under subsection (a) shall contain—

(1)

a description of how the airport operator, to the maximum extent practicable, will provide for the deplanement of passengers following excessive delays and will provide for the sharing of facilities and make gates available at the airport in an emergency; and

(2)

in the case of an airport that is used by an air carrier or foreign air carrier for flights in foreign air transportation, a description of how the airport operator will provide for use of the airport’s terminal, to the maximum extent practicable, for the processing of passengers arriving at the airport on such a flight in the case of an excessive tarmac delay.

(e)

Updates

(1)

Air carriers

An air carrier shall update the emergency contingency plan submitted by the air carrier under subsection (a) every 3 years and submit the update to the Secretary for review and approval.

(2)

Airports

An airport operator shall update the emergency contingency plan submitted by the airport operator under subsection (a) every 5 years and submit the update to the Secretary for review and approval.

(f)

Approval

(1)

In general

Not later than 9 months after the date of enactment of this section, the Secretary shall review and approve or require modifications to emergency contingency plans submitted under subsection (a) and updates submitted under subsection (e) to ensure that the plans and updates will effectively address emergencies and provide for the health and safety of passengers.

(2)

Civil penalties

The Secretary may assess a civil penalty under section 46301 against an air carrier or airport that does not adhere to an emergency contingency plan approved under this subsection.

(g)

Minimum standards

The Secretary may establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section.

(h)

Public access

An air carrier or airport required to submit emergency contingency plans under this section shall ensure public access to such plan after its approval under this section on the Internet website of the carrier or airport or by such other means as determined by the Secretary.

42302.

Consumer complaints

(a)

Consumer complaints hotline telephone number

The Secretary of Transportation shall establish a consumer complaints hotline telephone number for the use of passengers in air transportation.

(b)

Public notice

The Secretary shall notify the public of the telephone number established under subsection (a).

(c)

Notice to passengers of air carriers

An air carrier providing scheduled air transportation using aircraft with 30 or more seats shall include on the Internet Web site of the carrier and on any ticket confirmation and boarding pass issued by the air carrier—

(1)

the hotline telephone number established under subsection (a);

(2)

the email address, telephone number, and mailing address of the air carrier; and

(3)

the email address, telephone number, and mailing address of the Aviation Consumer Protection Division of the Department of Transportation for the submission of reports by passengers about air travel service problems.

(d)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section. Such sums shall remain available until expended.

42303.

Use of insecticides in passenger aircraft

(a)

Information to be provided on the Internet

The Secretary of Transportation shall establish, and make available to the general public, an Internet Web site that contains a listing of countries that may require an air carrier or foreign air carrier to treat an aircraft passenger cabin with insecticides prior to a flight in foreign air transportation to that country or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is occupied with passengers.

(b)

Required disclosures

An air carrier, foreign air carrier, or ticket agent selling, in the United States, a ticket for a flight in foreign air transportation to a country listed on the Internet Web site established under subsection (a) shall—

(1)

disclose, on its own Internet Web site or through other means, that the destination country may require the air carrier or foreign air carrier to treat an aircraft passenger cabin with insecticides prior to the flight or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is occupied with passengers; and

(2)

refer the purchaser of the ticket to the Internet Web site established under subsection (a) for additional information.

42304.

Notification of flight status by text message or email

Not later than 180 days after the date of enactment of this section, the Secretary of Transportation shall issue regulations to require that each air carrier that has at least 1 percent of total domestic scheduled-service passenger revenue provide each passenger of the carrier—

(1)

an option to receive a text message or email or any other comparable electronic service, subject to any fees applicable under the contract of the passenger for the electronic service, from the air carrier a notification of any change in the status of the flight of the passenger whenever the flight status is changed before the boarding process for the flight commences; and

(2)

the notification if the passenger requests the notification.

.

(b)

Clerical amendment

The analysis for subtitle VII is amended by inserting after the item relating to chapter 421 the following:

423.Air Passenger Service Improvements42301

.

(c)

Penalties

Section 46301 is amended in subsections (a)(1)(A) and (c)(1)(A) by inserting chapter 423, after chapter 421,.

(d)

Applicability of requirements

Except as otherwise specifically provided, the requirements of chapter 423 of title 49, United States Code, as added by this section, shall begin to apply 60 days after the date of enactment of this Act.

408.

Contents of competition plans

Section 47106(f)(2) is amended—

(1)

by striking “patterns of air service,”;

(2)

by inserting “and” before “whether”; and

(3)

by striking “, and airfare levels” and all that follows before the period.

409.

Extension of competitive access reports

Section 47107(s)(3) is amended by striking October 1, 2009 and inserting September 30, 2012.

410.

Contract tower program

(a)

Cost-Benefit Requirement

Section 47124(b) is amended—

(1)

by striking (1) The Secretary and inserting the following:

(1)

Contract tower program

(A)

Continuation and extension

The Secretary

;

(2)

by adding at the end of paragraph (1) the following:

(B)

Special rule

If the Secretary determines that a tower already operating under the program continued under this paragraph has a benefit to cost ratio of less than 1.0, the airport sponsor or State or local government having jurisdiction over the airport shall not be required to pay the portion of the costs that exceeds the benefit for a period of 18 months after such determination is made.

(C)

Use of excess funds

If the Secretary finds that all or part of an amount made available to carry out the program continued under this paragraph is not required during a fiscal year, the Secretary may use, during such fiscal year, the amount not so required to carry out the program established under paragraph (3).

; and

(3)

by striking (2) The Secretary and inserting the following:

(2)

General authority

The Secretary

.

(b)

Section 47124(b)(3)(E) is amended to read as follows:

(E)

Funding

Of the amounts appropriated pursuant to section 106(k), not more than $9,500,000 for fiscal year 2010, $10,000,000 for fiscal year 2011, and $10,000,000 for fiscal year 2012 may be used to carry out this paragraph.

.

(c)

Use of excess funds

Section 47124(b)(3) is amended—

(1)

by redesignating subparagraph (E) (as amended by subsection (b) of this section) as subparagraph (F); and

(2)

by inserting after subparagraph (D) the following:

(E)

Use of excess funds

If the Secretary finds that all or part of an amount made available under this subparagraph is not required during a fiscal year to carry out this paragraph, the Secretary may use, during such fiscal year, the amount not so required to carry out the program continued under paragraph (1).

.

(d)

Federal Share

Section 47124(b)(4)(C) is amended by striking $1,500,000 and inserting $2,000,000.

(e)

Safety Audits

Section 47124 is amended by adding at the end the following:

(c)

Safety Audits

The Secretary shall establish uniform standards and requirements for safety assessments of air traffic control towers that receive funding under this section.

.

411.

Airfares for members of the Armed Forces

(a)

Findings

Congress finds that—

(1)

the Armed Forces is comprised of approximately 1,400,000 members who are stationed on active duty at more than 6,000 military bases in 146 different countries;

(2)

the United States is indebted to the members of the Armed Forces, many of whom are in grave danger due to their engagement in, or exposure to, combat;

(3)

military service, especially in the current war against terrorism, often requires members of the Armed Forces to be separated from their families on short notice, for long periods of time, and under very stressful conditions;

(4)

the unique demands of military service often preclude members of the Armed Forces from purchasing discounted advance airline tickets in order to visit their loved ones at home and require members of the Armed Forces to travel with heavy bags; and

(5)

it is the patriotic duty of the people of the United States to support the members of the Armed Forces who are defending the Nation’s interests around the world at great personal sacrifice.

(b)

Sense of Congress

It is the sense of Congress that each United States air carrier should—

(1)

establish for all members of the Armed Forces on active duty reduced air fares that are comparable to the lowest airfare for ticketed flights; and

(2)

offer flexible terms that allow members of the Armed Forces on active duty to purchase, modify, or cancel tickets without time restrictions, fees, and penalties and waive baggage fees for a minimum of 3 bags.

412.

Repeal of essential air service local participation program

(a)

Repeal

Section 41747 of title 49, United States Code, and the item relating to such section in the analysis for chapter 417 of such title, are repealed.

(b)

Applicability

Title 49, United States Code, shall be applied as if section 41747 of such title had not been enacted.

413.

Adjustment to subsidy cap to reflect increased fuel costs

(a)

In general

The $200 per passenger subsidy cap initially established by Public Law 103–122 (107 Stat. 1198; 1201) and made permanent by section 332 of Public Law 106–69 (113 Stat. 1022) shall be increased by an amount necessary to account for the increase, if any, in the cost of aviation fuel in the 24 months preceding the date of enactment of this Act, as determined by the Secretary.

(b)

Adjustment of cap

Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the increased subsidy cap as an interim final rule, pursuant to which public comment will be sought and a final rule issued.

(c)

Limitation on eligibility

A community that has been determined, pursuant to a final order issued by the Department of Transportation before the date of enactment of this Act, to be ineligible for subsidized air service under subchapter II of chapter 417 of title 49, United States Code, shall not be eligible for the increased subsidy cap established pursuant to this section.

414.

Notice to communities prior to termination of eligibility for subsidized essential air service

Section 41733 of title 49, United States Code, is amended by adding at the end the following:

(f)

Notice to communities prior to termination of eligibility

(1)

In general

The Secretary shall notify each community receiving basic essential air service for which compensation is being paid under this subchapter on or before the 45th day before issuing any final decision to end the payment of such compensation due to a determination by the Secretary that providing such service requires a rate of subsidy per passenger in excess of the subsidy cap.

(2)

Procedures to avoid termination

The Secretary shall establish, by order, procedures by which each community notified of an impending loss of subsidy under paragraph (1) may work directly with an air carrier to ensure that the air carrier is able to submit a proposal to the Secretary to provide essential air service to such community for an amount of compensation that would not exceed the subsidy cap.

(3)

Assistance provided

The Secretary shall provide, by order, to each community notified under paragraph (1) information regarding—

(A)

the procedures established pursuant to paragraph (2); and

(B)

the maximum amount of compensation that could be provided under this subchapter to an air carrier serving such community that would comply with the subsidy cap.

(4)

Subsidy cap defined

In this subsection, the term subsidy cap means the subsidy cap established by section 332 of Public Law 106–69, including any increase to that subsidy cap established by the Secretary pursuant to the Aviation Safety and Investment Act of 2010.

.

415.

Restoration of eligibility to a place determined by the Secretary to be ineligible for subsidized essential air service

Section 41733 (as amended by section 413 of this Act) is further amended by adding at the end the following:

(g)

Proposals of State and local governments To restore eligibility

(1)

In general

If the Secretary, after the date of enactment of this subsection, ends payment of compensation to an air carrier for providing basic essential air service to an eligible place because the Secretary has determined that providing such service requires a rate of subsidy per passenger in excess of the subsidy cap (as defined in subsection (f)), a State or local government may submit to the Secretary a proposal for restoring compensation for such service. Such proposal shall be a joint proposal of the State or local government and an air carrier.

(2)

Determination by Secretary

If a State or local government submits to the Secretary a proposal under paragraph (1) with respect to an eligible place, and the Secretary determines that—

(A)

the rate of subsidy per passenger under the proposal does not exceed the subsidy cap (as defined in subsection (f)); and

(B)

the proposal is consistent with the legal and regulatory requirements of the essential air service program,

the Secretary shall issue an order restoring the eligibility of the otherwise eligible place to receive basic essential air service by an air carrier for compensation under subsection (c).

.

416.

Office of Rural Aviation

(a)

In general

Subchapter II of chapter 417 is amended by adding at the end the following:

41749.

Office of Rural Aviation

(a)

Establishment

The Secretary of Transportation shall establish within the Department of Transportation an office to be known as the Office of Rural Aviation (in this section referred to as the Office).

(b)

Functions

The Office shall—

(1)

monitor the status of air service to small communities;

(2)

develop proposals to improve air service to small communities; and

(3)

carry out such other functions as the Secretary considers appropriate.

.

(b)

Clerical amendment

The analysis for subchapter II of chapter 417 is amended by adding at the end the following:

41749. Office of Rural Aviation.

.

417.

Adjustments to compensation for significantly increased costs

(a)

Emergency across-the-board adjustment

Subject to the availability of funds, the Secretary may increase the rates of compensation payable to air carriers under subchapter II of chapter 417 of title 49, United States Code, to compensate such carriers for increased aviation fuel costs, without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734 of such title.

(b)

Expedited process for adjustments to individual contracts

(1)

In general

Section 41734(d) of title 49, United States Code, is amended by striking “continue to pay” and all that follows through “compensation sufficient—” and inserting “provide the carrier with compensation sufficient—”.

(2)

Effective date

The amendment made by paragraph (1) shall apply to compensation to air carriers for air service provided after the 30th day following the date of enactment of this Act.

418.

Review of air carrier flight delays, cancellations, and associated causes

(a)

Review

The Inspector General of the Department of Transportation shall conduct a review regarding air carrier flight delays, cancellations, and associated causes to update its 2000 report numbered CR–2000–112 and entitled Audit of Air Carrier Flight Delays and Cancellations.

(b)

Assessments

In conducting the review under subsection (a), the Inspector General shall assess—

(1)

the need for an update on delay and cancellation statistics, such as number of chronically delayed flights and taxi-in and taxi-out times;

(2)

air carriers’ scheduling practices;

(3)

the need for a re-examination of capacity benchmarks at the Nation’s busiest airports;

(4)

the impact of flight delays and cancellations on air travelers, including recommendations for programs that could be implemented to address the impact of flight delays on air travelers; and

(5)

the effect that limited air carrier service options on routes have on the frequency of delays and cancellations on such routes.

(c)

Report

Not later than 1 after the date of enactment of this Act, the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this section, including the assessments described in subsection (b).

419.

European Union rules for passenger rights

(a)

In general

The Comptroller General shall conduct a study to evaluate and compare the regulations of the European Union and the United States on compensation and other consideration offered to passengers who are denied boarding or whose flights are cancelled or delayed.

(b)

Specific Study Requirements

The study shall include an evaluation and comparison of the regulations based on costs to the air carriers, preferences of passengers for compensation or other consideration, and forms of compensation. In conducting the study, the Comptroller General shall also take into account the differences in structure and size of the aviation systems of the European Union and the United States.

(c)

Report

Not later than 1 after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the results of the study.

420.

Establishment of advisory committee for aviation consumer protection

(a)

In general

The Secretary of Transportation shall establish an advisory committee for aviation consumer protection (in this section referred to as the advisory committee) to advise the Secretary in carrying out air passenger service improvements, including those required by chapter 423 of title 49, United States Code.

(b)

Membership

The Secretary shall appoint 8 members to the advisory committee as follows:

(1)

Two representatives of air carriers required to submit emergency contingency plans pursuant to section 42301 of title 49, United States Code.

(2)

Two representatives of the airport operators required to submit emergency contingency plans pursuant to section 42301 of such title.

(3)

Two representatives of State and local governments who have expertise in aviation consumer protection matters.

(4)

Two representatives of nonprofit public interest groups who have expertise in aviation consumer protection matters.

(c)

Vacancies

A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made.

(d)

Travel expenses

Members of the advisory committee shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.

(e)

Chairperson

The Secretary shall designate, from among the individuals appointed under subsection (b), an individual to serve as chairperson of the advisory committee.

(f)

Duties

The duties of the advisory committee shall include the following:

(1)

Evaluating existing aviation consumer protection programs and providing recommendations for the improvement of such programs, if needed.

(2)

Providing recommendations to establish additional aviation consumer protection programs, if needed.

(g)

Report

Not later than February 1 of each year beginning after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing—

(1)

each recommendation made by the advisory committee during the preceding calendar year; and

(2)

an explanation of how the Secretary has implemented each recommendation and, for each recommendation not implemented, the Secretary’s reason for not implementing the recommendation.

421.

Denied boarding compensation

Not later than May 19, 2010, and every 2 years thereafter, the Secretary shall evaluate the amount provided for denied boarding compensation and issue a regulation to adjust such compensation as necessary.

422.

Compensation for delayed baggage

(a)

Study

The Comptroller General shall conduct a study to—

(1)

examine delays in the delivery of checked baggage to passengers of air carriers; and

(2)

make recommendations for establishing minimum standards to compensate a passenger in the case of an unreasonable delay in the delivery of checked baggage.

(b)

Consideration

In conducting the study, the Comptroller General shall take into account the additional fees for checked baggage that are imposed by many air carriers and how the additional fees should improve an air carrier’s baggage performance.

(c)

Report

Not later than 180 days after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the results of the study.

423.

Schedule reduction

(a)

In general

If the Administrator of the Federal Aviation Administration determines that: (1) the aircraft operations of air carriers during any hour at an airport exceeds the hourly maximum departure and arrival rate established by the Administrator for such operations; and (2) the operations in excess of the maximum departure and arrival rate for such hour at such airport are likely to have a significant adverse effect on the national or regional airspace system, the Administrator shall convene a conference of such carriers to reduce pursuant to section 41722, on a voluntary basis, the number of such operations to less than such maximum departure and arrival rate.

(b)

No agreement

If the air carriers participating in a conference with respect to an airport under subsection (a) are not able to agree to a reduction in the number of flights to and from the airport to less than the maximum departure and arrival rate, the Administrator shall take such action as is necessary to ensure such reduction is implemented.

(c)

Quarterly reports

Beginning 3 months after the date of enactment of this Act and every 3 months thereafter, the Administrator shall submit to Congress a report regarding scheduling at the 35 airports that have the greatest number of passenger enplanements, including each occurrence in which hourly scheduled aircraft operations of air carriers at such an airport exceed the hourly maximum departure and arrival rate at any such airport.

424.

Expansion of DOT airline consumer complaint investigations

(a)

In general

Subject to the availability of appropriations, the Secretary of Transportation shall investigate consumer complaints regarding—

(1)

flight cancellations;

(2)

compliance with Federal regulations concerning overbooking seats on flights;

(3)

lost, damaged, or delayed baggage, and difficulties with related airline claims procedures;

(4)

problems in obtaining refunds for unused or lost tickets or fare adjustments;

(5)

incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases;

(6)

the rights of passengers who hold frequent flier miles or equivalent redeemable awards earned through customer-loyalty programs; and

(7)

deceptive or misleading advertising.

(b)

Budget needs report

The Secretary shall provide, as an annex to its annual budget request, an estimate of resources which would have been sufficient to investigate all such claims the Department of Transportation received in the previous fiscal year. The annex shall be transmitted to Congress when the President submits the budget of the United States to the Congress under section 1105 of title 31, United States Code.

425.

Prohibitions against voice communications using mobile communications devices on scheduled flights

(a)

In general

Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following:

41724.

Prohibitions against voice communications using mobile communications devices on scheduled flights

(a)

Interstate and intrastate air transportation

(1)

In general

An individual may not engage in voice communications using a mobile communications device in an aircraft during a flight in scheduled passenger interstate air transportation or scheduled passenger intrastate air transportation.

(2)

Exceptions

The prohibition described in paragraph (1) shall not apply to—

(A)

a member of the flight crew or flight attendants on an aircraft; or

(B)

a Federal law enforcement officer acting in an official capacity.

(b)

Foreign air transportation

(1)

In general

The Secretary of Transportation shall require all air carriers and foreign air carriers to adopt the prohibition described in subsection (a) with respect to the operation of an aircraft in scheduled passenger foreign air transportation.

(2)

Alternate prohibition

If a foreign government objects to the application of paragraph (1) on the basis that paragraph (1) provides for an extraterritorial application of the laws of the United States, the Secretary may waive the application of paragraph (1) to a foreign air carrier licensed by that foreign government until such time as an alternative prohibition on voice communications using a mobile communications device during flight is negotiated by the Secretary with such foreign government through bilateral negotiations.

(c)

Definitions

In this section, the following definitions apply:

(1)

Flight

The term flight means the period beginning when an aircraft takes off and ending when an aircraft lands.

(2)

Voice communications using a mobile communications device

(A)

Inclusions

The term voice communications using a mobile communications device includes voice communications using—

(i)

a commercial mobile radio service or other wireless communications device;

(ii)

a broadband wireless device or other wireless device that transmits data packets using the Internet Protocol or comparable technical standard; or

(iii)

a device having voice override capability.

(B)

Exclusion

Such term does not include voice communications using a phone installed on an aircraft.

(d)

Safety regulations

This section shall not be construed to affect the authority of the Secretary to impose limitations on voice communications using a mobile communications device for safety reasons.

(e)

Regulations

The Secretary shall prescribe such regulations as are necessary to carry out this section.

.

(b)

Clerical amendment

The analysis for such subchapter is amended by adding at the end the following:

41724. Prohibitions against voice communications using mobile communications devices on scheduled flights.

.

426.

Antitrust exemptions

(a)

Study

The Comptroller General shall conduct a study of the legal requirements and policies followed by the Department in deciding whether to approve international alliances under section 41309 of title 49, United States Code, and grant exemptions from the antitrust laws under section 41308 of such title in connection with such international alliances.

(b)

Issues to be considered

In conducting the study under subsection (a), the Comptroller General, at a minimum, shall examine the following:

(1)

Whether granting exemptions from the antitrust laws in connection with international alliances has resulted in public benefits, including an analysis of whether such benefits could have been achieved by international alliances not receiving exemptions from the antitrust laws.

(2)

Whether granting exemptions from the antitrust laws in connection with international alliances has resulted in reduced competition, increased prices in markets, or other adverse effects.

(3)

Whether international alliances that have been granted exemptions from the antitrust laws have implemented pricing or other practices with respect to the hub airports at which the alliances operate that have resulted in increased costs for consumers or foreclosed competition by rival (nonalliance) air carriers at such airports.

(4)

Whether increased network size resulting from additional international alliance members will adversely affect competition between international alliances.

(5)

The areas in which immunized international alliances compete and whether there is sufficient competition among immunized international alliances to ensure that consumers will receive benefits of at least the same magnitude as those that consumers would receive if there were no immunized international alliances.

(6)

The minimum number of international alliances that is necessary to ensure robust competition and benefits to consumers on major international routes.

(7)

Whether the different regulatory and antitrust responsibilities of the Secretary and the Attorney General with respect to international alliances have created any significant conflicting agency recommendations, such as the conditions imposed in granting exemptions from the antitrust laws.

(8)

Whether, from an antitrust standpoint, requests for exemptions from the antitrust laws in connection with international alliances should be treated as mergers, and therefore be exclusively subject to a traditional merger analysis by the Attorney General and be subject to advance notification requirements and a confidential review process similar to those required under section 7A of the Clayton Act (15 U.S.C. 18a).

(9)

Whether the Secretary should amend, modify, or revoke any exemption from the antitrust laws granted by the Secretary in connection with an international alliance.

(10)

The effect of international alliances on the number and quality of jobs for United States air carrier flight crew employees, including the share of alliance flying done by those employees.

(c)

Report

Not later than 1 after the date of enactment of this Act, the Comptroller General shall submit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study under subsection (a), including any recommendations of the Comptroller General as to whether there should be changes in the authority of the Secretary under title 49, United States Code, or policy changes that the Secretary can implement administratively, with respect to approving international alliances and granting exemptions from the antitrust laws in connection with such international alliances.

(d)

Adoption of recommended policy changes

Not later than 1 after the date of receipt of the report under subsection (c), and after providing notice and an opportunity for public comment, the Secretary shall issue a written determination as to whether the Secretary will adopt the policy changes, if any, recommended by the Comptroller General in the report or make any other policy changes with respect to approving international alliances and granting exemptions from the antitrust laws in connection with such international alliances.

(e)

Sunset provision

(1)

In general

An exemption from the antitrust laws granted by the Secretary on or before the last day of the 3-year period beginning on the date of enactment of this Act in connection with an international alliance, including an exemption granted before the date of enactment of this Act, shall cease to be effective after such last day unless the exemption is renewed by the Secretary.

(2)

Timing for renewals

The Secretary may not renew an exemption under paragraph (1) before the date on which the Secretary issues a written determination under subsection (d).

(3)

Standards for renewals

The Secretary shall make a decision on whether to renew an exemption under paragraph (1) based on the policies of the Department in effect after the Secretary issues a written determination under subsection (d).

(f)

Definitions

In this section, the following definitions apply:

(1)

Exemption from the antitrust laws

The term exemption from the antitrust laws means an exemption from the antitrust laws granted by the Secretary under section 41308 of title 49, United States Code.

(2)

Immunized international alliance

The term immunized international alliance means an international alliance for which the Secretary has granted an exemption from the antitrust laws.

(3)

International alliance

The term international alliance means a cooperative agreement between an air carrier and a foreign air carrier to provide foreign air transportation subject to approval or disapproval by the Secretary under section 41309 of title 49, United States Code.

(4)

Department

The term Department means the Department of Transportation.

(5)

Secretary

The term Secretary means the Secretary of Transportation.

427.

Musical instruments

(a)

In general

Subchapter I of chapter 417 (as amended by this Act) is further amended by adding at the end the following:

41725.

Musical instruments

(a)

In General

(1)

Instruments in the passenger compartment

An air carrier providing air transportation shall permit a passenger to carry a musical instrument in the aircraft passenger compartment in a closet, baggage, or cargo stowage compartment approved by the Administrator without charge if—

(A)

the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo set forth by the Administrator of the Federal Aviation Administration; and

(B)

there is space for such stowage on the aircraft.

(2)

Large instruments in the passenger compartment

An air carrier providing air transportation shall permit a passenger to carry a musical instrument in the aircraft passenger compartment that is too large to be secured in a closet, baggage, or cargo stowage compartment approved by the Administrator, if—

(A)

the instrument can be stowed in a seat, in accordance with the requirements for carriage of carry-on baggage or cargo set forth by the Administrator for such stowage; and

(B)

the passenger wishing to carry the instrument in the aircraft cabin has purchased a seat to accommodate the instrument.

(3)

Instruments as checked baggage

An air carrier shall transport as baggage a musical instrument that is the property of a passenger on a flight and that may not be carried in the aircraft passenger compartment if—

(A)

the sum of the length, width, and height measured in inches of the outside linear dimensions of the instrument (including the case) does not exceed 150 inches and the size restrictions for that aircraft;

(B)

the weight of the instrument does not exceed 165 pounds and the weight restrictions for that aircraft; and

(C)

the instrument can be stowed in accordance with the requirements for carriage of baggage or cargo set forth by the Administrator for such stowage.

(4)

Air carrier terms

Nothing in this section shall be construed as prohibiting an air carrier from limiting its liability for carrying a musical instrument or requiring a passenger to purchase insurance to cover the value of a musical instrument transported by the air carrier.

(b)

Regulations

The Secretary may prescribe such regulations as may be necessary or appropriate to implement subsection (a).

.

(b)

Clerical amendment

The analysis for such subchapter is amended by adding at the end the following:

41725. Musical instruments.

.

(c)

Effective date

The amendments made by this section shall take effect 30 days after the date of enactment of this Act.

V

Environmental stewardship and streamlining

501.

Amendments to air tour management program

Section 40128 is amended—

(1)

in subsection (a)(1)(C) by inserting or voluntary agreement under subsection (b)(7) before for the park;

(2)

in subsection (a) by adding at the end the following:

(5)

Exemption

(A)

In general

Notwithstanding paragraph (1), a national park that has 50 or fewer commercial air tour flights a year shall be exempt from the requirements of this section, except as provided in subparagraph (B).

(B)

Withdrawal of exemption

If the Director determines that an air tour management plan or voluntary agreement is necessary to protect park resources and values or park visitor use and enjoyment, the Director shall withdraw the exemption of a park under subparagraph (A).

(C)

List of parks

The Director shall inform the Administrator, in writing, of each determination under subparagraph (B). The Director and Administrator shall publish an annual list of national parks that are covered by the exemption provided by this paragraph.

(D)

Annual report

A commercial air tour operator conducting commercial air tours in a national park that is exempt from the requirements of this section shall submit to the Administrator and the Director an annual report regarding the number of commercial air tour flights it conducts each year in such park.

;

(3)

in subsection (b) by adding at the end the following:

(7)

Voluntary agreements

(A)

In general

As an alternative to an air tour management plan, the Director and the Administrator may enter into a voluntary agreement with a commercial air tour operator (including a new entrant applicant and an operator that has interim operating authority) that has applied to conduct air tour operations over a national park to manage commercial air tour operations over such national park.

(B)

Park protection

A voluntary agreement under this paragraph with respect to commercial air tour operations over a national park shall address the management issues necessary to protect the resources of such park and visitor use of such park without compromising aviation safety or the air traffic control system and may—

(i)

include provisions such as those described in subparagraphs (B) through (E) of paragraph (3);

(ii)

include provisions to ensure the stability of, and compliance with, the voluntary agreement; and

(iii)

provide for fees for such operations.

(C)

Public

The Director and the Administrator shall provide an opportunity for public review of a proposed voluntary agreement under this paragraph and shall consult with any Indian tribe whose tribal lands are, or may be, flown over by a commercial air tour operator under a voluntary agreement under this paragraph. After such opportunity for public review and consultation, the voluntary agreement may be implemented without further administrative or environmental process beyond that described in this subsection.

(D)

Termination

A voluntary agreement under this paragraph may be terminated at any time at the discretion of the Director or the Administrator if the Director determines that the agreement is not adequately protecting park resources or visitor experiences or the Administrator determines that the agreement is adversely affecting aviation safety or the national aviation system. If a voluntary agreement for a national park is terminated, the operators shall conform to the requirements for interim operating authority under subsection (c) until an air tour management plan for the park is in effect.

;

(4)

in subsection (c) by striking paragraph (2)(I) and inserting the following:

(I)

may allow for modifications of the interim operating authority without further environmental review beyond that described in this section if—

(i)

adequate information regarding the operator’s existing and proposed operations under the interim operating authority is provided to the Administrator and the Director;

(ii)

the Administrator determines that there would be no adverse impact on aviation safety or the air traffic control system; and

(iii)

the Director agrees with the modification, based on the Director’s professional expertise regarding the protection of the park resources and values and visitor use and enjoyment.

;

(5)

in subsection (c)(3)(A) by striking if the Administrator determines and all that follows through the period at the end and inserting

without further environmental process beyond that described in this paragraph if—

(i)

adequate information on the operator’s proposed operations is provided to the Administrator and the Director by the operator making the request;

(ii)

the Administrator agrees that there would be no adverse impact on aviation safety or the air traffic control system; and

(iii)

the Director agrees, based on the Director’s professional expertise regarding the protection of park resources and values and visitor use and enjoyment.

;

(6)

by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and

(7)

by inserting after subsection (c) the following:

(d)

Commercial air tour operator reports

(1)

Report

Each commercial air tour operator providing a commercial air tour over a national park under interim operating authority granted under subsection (c) or in accordance with an air tour management plan under subsection (b) shall submit a report to the Administrator and Director regarding the number of its commercial air tour operations over each national park and such other information as the Administrator and Director may request in order to facilitate administering the provisions of this section.

(2)

Report submission

Not later than 3 months after the date of enactment of the Aviation Safety and Investment Act of 2010, the Administrator and Director shall jointly issue an initial request for reports under this subsection. The reports shall be submitted to the Administrator and Director on a frequency and in a format prescribed by the Administrator and Director.

.

502.

State block grant program

(a)

General requirements

Section 47128(a) is amended—

(1)

in the first sentence by striking prescribe regulations and inserting issue guidance; and

(2)

in the second sentence by striking regulations and inserting guidance.

(b)

Applications and selection

Section 47128(b)(4) is amended by inserting before the semicolon the following: , including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements.

(c)

Environmental analysis and coordination requirements

Section 47128 is amended by adding at the end the following:

(d)

Environmental analysis and coordination requirements

A Federal agency, other than the Federal Aviation Administration, that is responsible for issuing an approval, license, or permit to ensure compliance with a Federal environmental requirement applicable to a project or activity to be carried out by a State using amounts from a block grant made under this section shall—

(1)

coordinate and consult with the State;

(2)

use the environmental analysis prepared by the State for the project or activity if such analysis is adequate; and

(3)

supplement such analysis, as necessary, to meet applicable Federal requirements.

.

503.

Airport funding of special studies or reviews

Section 47173(a) is amended by striking services of consultants in order to and all that follows through the period at the end and inserting

services of consultants—

(1)

to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project;

(2)

to conduct special environmental studies related to an airport project funded with Federal funds;

(3)

to conduct special studies or reviews to support approved noise compatibility measures described in part 150 of title 14, Code of Federal Regulations; or

(4)

to conduct special studies or reviews to support environmental mitigation in a record of decision or finding of no significant impact by the Federal Aviation Administration.

.

504.

Grant eligibility for assessment of flight procedures

Section 47504 is amended by adding at the end the following:

(e)

Grants for assessment of flight procedures

(1)

In general

In accordance with subsection (c)(1), the Secretary may make a grant to an airport operator to assist in completing environmental review and assessment activities for proposals to implement flight procedures at such airport that have been approved as part of an airport noise compatibility program under subsection (b).

(2)

Additional staff

The Administrator may accept funds from an airport operator, including funds provided to the operator under paragraph (1), to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with proposals to implement flight procedures at such airport that have been approved as part of an airport noise compatibility program under subsection (b).

(3)

Receipts credited as offsetting collections

Notwithstanding section 3302 of title 31, any funds accepted under this section—

(A)

shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted;

(B)

shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and

(C)

shall remain available until expended.

.

505.

Determination of fair market value of residential properties

Section 47504 (as amended by this Act) is further amended by adding at the end the following:

(g)

Determination of fair market value of residential properties

In approving a project to acquire residential real property using financial assistance made available under this section or chapter 471, the Secretary shall ensure that the appraisal of the property to be acquired disregards any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.

.

506.

Soundproofing of residences

(a)

Soundproofing and acquisition of certain residential buildings and properties

Section 47504(c)(2)(D) is amended to read as follows:

(D)

to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) to soundproof—

(i)

a building in the noise impact area surrounding the airport that is used primarily for educational or medical purposes and that the Secretary decides is adversely affected by airport noise; and

(ii)

residential buildings located on residential properties in the noise impact area surrounding the airport that the Secretary decides is adversely affected by airport noise, if—

(I)

the residential properties are within airport noise contours prepared by the airport owner or operator using the Secretary’s methodology and guidance, and the noise contours have been found acceptable by the Secretary;

(II)

the residential properties cannot be removed from airport noise contours for at least a 5-year period by changes in airport configuration or flight procedures;

(III)

the land use jurisdiction has taken, or will take, appropriate action, including the adoption of zoning laws, to the extent reasonable to restrict the use of land to uses that are compatible with normal airport operations; and

(IV)

the Secretary determines that the project is compatible with the purposes of this chapter; and

(b)

Requirements applicable to certain grants

Section 44705 (as amended by this Act) is further amended by adding at the end the following:

(f)

Requirements applicable to certain grants

(1)

Establishment of criteria

Before awarding a grant under subsection (c)(2)(D), the Secretary shall establish criteria to determine which residences in the 65 DNL area suffer the greatest noise impact.

(2)

Analysis from Comptroller General

Prior to making a final decision on the criteria required by paragraph (1), the Secretary shall develop proposed criteria and obtain an analysis from the Comptroller General as to the reasonableness and validity of the criteria.

(3)

Priority

If the Secretary determines that the grants likely to be awarded under subsection (c)(2)(D) in fiscal years 2010 though 2012 will not be sufficient to soundproof all residences in the 65 DNL area, the Secretary shall first award grants to soundproof those residences suffering the greatest noise impact under the criteria established under paragraph (1).

.

507.

CLEEN research, development, and implementation partnership

(a)

Cooperative agreement

Subchapter I of chapter 475 is amended by adding at the end the following:

47511.

CLEEN research, development, and implementation partnership

(a)

In general

The Administrator of the Federal Aviation Administration, in coordination with the Administrator of the National Aeronautics and Space Administration, shall enter into a cooperative agreement, using a competitive process, with an institution, entity, or consortium to carry out a program for the development, maturing, and certification of CLEEN engine and airframe technology for aircraft over the next 10 years.

(b)

CLEEN engine and airframe technology defined

In this section, the term CLEEN engine and airframe technology means continuous lower energy, emissions, and noise engine and airframe technology.

(c)

Performance objective

The Administrator of the Federal Aviation Administration, in coordination with the Administrator of the National Aeronautics and Space Administration, shall establish the following performance objectives for the program, to be achieved by September 30, 2016:

(1)

Development of certifiable aircraft technology that reduces fuel burn by 33 percent compared to current technology, reducing energy consumption and greenhouse gas emissions.

(2)

Development of certifiable engine technology that reduces landing and takeoff cycle nitrogen oxide emissions by 60 percent, at a pressure ratio of 30, over the International Civil Aviation Organization standard adopted at the 6th Meeting of the Committee on Aviation Environmental Protection, with commensurate reductions over the full pressure ratio range, while limiting or reducing other gaseous or particle emissions.

(3)

Development of certifiable aircraft technology that reduces noise levels by 32 Effective Perceived Noise Level in Decibels cumulative, relative to Stage 4 standards.

(4)

Determination of the feasibility of the use of alternative fuels in aircraft systems, including successful demonstration and quantification of the benefits of such fuels.

(5)

Determination of the extent to which new engine and aircraft technologies may be used to retrofit or re-engine aircraft to increase the integration of retrofitted and re-engined aircraft into the commercial fleet.

(d)

Funding

Of amounts appropriated under section 48102(a), not more than the following amounts may be used to carry out this section:

(1)

$25,000,000 for fiscal year 2010.

(2)

$33,000,000 for fiscal year 2011.

(3)

$50,000,000 for fiscal year 2012.

(e)

Report

Beginning in fiscal year 2010, the Administrator of the Federal Aviation Administration shall publish an annual report on the program established under this section until completion of the program.

.

(b)

Clerical amendment

The analysis for such subchapter is amended by adding at the end the following:

47511. CLEEN research, development, and implementation partnership.

.

508.

Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels

(a)

In general

Subchapter II of chapter 475 is amended by adding at the end the following:

47534.

Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels

(a)

Prohibition

Except as provided in subsection (b), (c), or (d), after December 31, 2013, a person may not operate a civil subsonic jet airplane with a maximum weight of 75,000 pounds or less, and for which an airworthiness certificate (other than an experimental certificate) has been issued, to or from an airport in the United States unless the Secretary of Transportation finds that the aircraft complies with stage 3 noise levels.

(b)

Exception

Subsection (a) shall not apply to aircraft operated only outside the 48 contiguous States.

(c)

Exceptions

The Secretary may allow temporary operation of an airplane otherwise prohibited from operation under subsection (a) to or from an airport in the contiguous United States by granting a special flight authorization for one or more of the following circumstances:

(1)

To sell, lease, or use the aircraft outside the 48 contiguous States.

(2)

To scrap the aircraft.

(3)

To obtain modifications to the aircraft to meet stage 3 noise levels.

(4)

To perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States.

(5)

To deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor.

(6)

To prepare, park, or store the aircraft in anticipation of any of the activities described in paragraphs (1) through (5).

(7)

To provide transport of persons and goods in the relief of emergency situations.

(8)

To divert the aircraft to an alternative air port in the 48 contiguous States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in paragraphs (1) through (7).

(d)

Statutory construction

Nothing in the section may be construed as interfering with, nullifying, or otherwise affecting determinations made by the Federal Aviation Administration, or to be made by the Administration, with respect to applications under part 161 of title 14, Code of Federal Regulations, that were pending on the date of enactment of this section.

.

(b)

Conforming amendments

(1)

Section 47531 is amended—

(A)

in the section heading by striking for violating sections 47528–47530; and

(B)

by striking 47529, or 47530 and inserting 47529, 47530, or 47534.

(2)

Section 47532 is amended by inserting or 47534 after 47528–47531.

(3)

The analysis for chapter 475 is amended—

(A)

by striking the item relating to section 47531 and inserting the following:

47531. Penalties.

;

and
(B)

by inserting after the item relating to section 47533 the following:

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

.

509.

Environmental mitigation pilot program

(a)

Establishment

The Secretary of Transportation shall establish a pilot program to carry out not more than 6 environmental mitigation demonstration projects at public-use airports.

(b)

Grants

In implementing the program, the Secretary may make a grant to the sponsor of a public-use airport from funds apportioned under section 47117(e)(1)(A) of title 49, United States Code, to carry out an environmental mitigation demonstration project to measurably reduce or mitigate aviation impacts on noise, air quality, or water quality in the vicinity of the airport.

(c)

Eligibility for passenger facility fees

An environmental mitigation demonstration project that receives funds made available under this section may be considered an eligible airport-related project for purposes of section 40117 of such title.

(d)

Selection criteria

In selecting among applicants for participation in the program, the Secretary shall give priority consideration to applicants proposing to carry out environmental mitigation demonstration projects that will—

(1)

achieve the greatest reductions in aircraft noise, airport emissions, or airport water quality impacts either on an absolute basis or on a per dollar of funds expended basis; and

(2)

be implemented by an eligible consortium.

(e)

Federal share

Notwithstanding any provision of subchapter I of chapter 471 of such title, the United States Government share of allowable project costs of an environmental mitigation demonstration project carried out under this section shall be 50 percent.

(f)

Maximum amount

The Secretary may not make grants for a single environmental mitigation demonstration project under this section in a total amount that exceeds $2,500,000.

(g)

Publication of information

The Secretary may develop and publish information on the results of environmental mitigation demonstration projects carried out under this section, including information identifying best practices for reducing or mitigating aviation impacts on noise, air quality, or water quality in the vicinity of airports.

(h)

Definitions

In this section, the following definitions apply:

(1)

Eligible consortium

The term eligible consortium means a consortium of 2 or more of the following entities:

(A)

A business incorporated in the United States.

(B)

A public or private educational or research organization located in the United States.

(C)

An entity of a State or local government.

(D)

A Federal laboratory.

(2)

Environmental mitigation demonstration project

The term environmental mitigation demonstration project means a project that—

(A)

demonstrates at a public-use airport environmental mitigation techniques or technologies with associated benefits, which have already been proven in laboratory demonstrations;

(B)

utilizes methods for efficient adaptation or integration of innovative concepts to airport operations; and

(C)

demonstrates whether a technique or technology for environmental mitigation identified in research is—

(i)

practical to implement at or near multiple public-use airports; and

(ii)

capable of reducing noise, airport emissions, greenhouse gas emissions, or water quality impacts in measurably significant amounts.

510.

Aircraft departure queue management pilot program

(a)

In general

The Secretary of Transportation shall carry out a pilot program at not more than 5 public-use airports under which the Federal Aviation Administration shall use funds made available under section 48101(a) to test air traffic flow management tools, methodologies, and procedures that will allow air traffic controllers of the Administration to better manage the flow of aircraft on the ground and reduce the length of ground holds and idling time for aircraft.

(b)

Selection criteria

In selecting from among airports at which to conduct the pilot program, the Secretary shall give priority consideration to airports at which improvements in ground control efficiencies are likely to achieve the greatest fuel savings or air quality or other environmental benefits, as measured by the amount of reduced fuel, reduced emissions, or other environmental benefits per dollar of funds expended under the pilot program.

(c)

Maximum amount

Not more than a total of $5,000,000 may be expended under the pilot program at any single public-use airport.

(d)

Report to Congress

Not later than 3 years after the date of the enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—

(1)

an evaluation of the effectiveness of the pilot program, including an assessment of the tools, methodologies, and procedures that provided the greatest fuel savings and air quality and other environmental benefits, and any impacts on safety, capacity, or efficiency of the air traffic control system or the airports at which affected aircraft were operating;

(2)

an identification of anticipated benefits from implementation of the tools, methodologies, and procedures developed under the pilot program at other airports;

(3)

a plan for implementing the tools, methodologies, and procedures developed under the pilot program at other airports or the Secretary’s reasons for not implementing such measures at other airports; and

(4)

such other information as the Secretary considers appropriate.

511.

High performance and sustainable air traffic control facilities

(a)

In general

The Administrator of the Federal Aviation Administration shall implement, to the maximum extent practicable, sustainable practices for the incorporation of energy-efficient design, equipment, systems, and other measures in the construction and major renovation of air traffic control facilities of the Administration in order to reduce energy consumption and improve the environmental performance of such facilities.

(b)

Authorization

Of amounts appropriated under section 48101(a) of title 49, United States Code, such sums as may be necessary may be used to carry out this section.

512.

Regulatory responsibility for aircraft engine noise and emissions standards

(a)

Independent review

The Administrator of the FAA shall make appropriate arrangements for the National Academy of Public Administration or another qualified independent entity to review, in consultation with the FAA and the EPA, whether it is desirable to locate the regulatory responsibility for the establishment of engine noise and emissions standards for civil aircraft within one of the agencies.

(b)

Considerations

The review shall be conducted so as to take into account—

(1)

the interrelationships between aircraft engine noise and emissions;

(2)

the need for aircraft engine noise and emissions to be evaluated and addressed in an integrated and comprehensive manner;

(3)

the scientific expertise of the FAA and the EPA to evaluate aircraft engine emissions and noise impacts on the environment;

(4)

expertise to interface environmental performance with ensuring the highest safe and reliable engine performance of aircraft in flight;

(5)

consistency of the regulatory responsibility with other missions of the FAA and the EPA;

(6)

past effectiveness of the FAA and the EPA in carrying out the aviation environmental responsibilities assigned to the agency; and

(7)

the international responsibility to represent the United States with respect to both engine noise and emissions standards for civil aircraft.

(c)

Report to Congress

Not later than 6 months after the date of enactment of this Act, the Administrator of the FAA shall submit to Congress a report on the results of the review. The report shall include any recommendations developed as a result of the review and, if a transfer of responsibilities is recommended, a description of the steps and timeline for implementation of the transfer.

(d)

Definitions

In this section, the following definitions apply:

(1)

EPA

The term EPA means the Environmental Protection Agency.

(2)

FAA

The term FAA means the Federal Aviation Administration.

513.

Cabin air quality technology

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate research and development work on effective air cleaning and sensor technology for the engine and auxiliary power unit for bleed air supplied to the passenger cabin and flight deck of a pressurized aircraft.

(b)

Technology requirements

The technology should, at a minimum, be capable of—

(1)

removing oil-based contaminants from the bleed air supplied to the passenger cabin and flight deck; and

(2)

detecting and recording oil-based contaminants in the bleed air fraction of the total air supplied to the passenger cabin and flight deck.

(c)

Report

Not later than 3 years after the date of enactment of this Act, the Administrator shall transmit to Congress a report on the results of the research and development work carried out under this section.

(d)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out this section.

514.

Sense of Congress

It is the sense of Congress that—

(1)

the European Union directive extending the European Union’s emissions trading proposal to international civil aviation without working through the International Civil Aviation Organization (in this section referred to as the ICAO) in a consensus-based fashion is inconsistent with the Convention on International Civil Aviation, done at Chicago on December 7, 1944 (TIAS 1591; commonly known as Chicago Convention), and other relevant air services agreements and antithetical to building international cooperation to address effectively the problem of greenhouse gas emissions by aircraft engaged in international civil aviation; and

(2)

the European Union and its member states should instead work with other contracting states of the ICAO to develop a consensual approach to addressing aircraft greenhouse gas emissions through the ICAO.

515.

Airport noise compatibility planning study, Port Authority of New York and New Jersey

It is the sense of the House of Representatives that the Port Authority of New York and New Jersey should undertake an airport noise compatibility planning study under part 150 of title 14, Code of Federal Regulations, for the airports that the Port Authority operates as of November 2, 2009. In undertaking the study, the Port Authority should pay particular attention to the impact of noise on affected neighborhoods, including homes, businesses, and places of worship surrounding LaGuardia Airport, Newark Liberty Airport, and JFK Airport.

516.

GAO study on compliance with FAA record of decision

(a)

Study

The Comptroller General shall conduct a study to determine whether the Federal Aviation Administration and the Massachusetts Port Authority are complying with the requirements of the Federal Aviation Administration’s record of decision dated August 2, 2002.

(b)

Report

Not later than 1 after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.

517.

Westchester County Airport, New York

(a)

Rulemaking

The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to determine whether Westchester County Airport should be authorized to limit aircraft operations between the hours of 12 a.m. and 6:30 a.m.

(b)

Deadlines

The Administrator shall—

(1)

not later than 180 days after the date of enactment of this Act, issue a notice of proposed rulemaking under subsection (a); and

(2)

not later than 16 months after the close of the comment period on the proposed rule, issue a final rule.

518.

Aviation noise complaints

(a)

Telephone number posting

Not later than 3 months after the date of enactment of this Act, each owner or operator of a large hub airport (as defined in section 40102(a) of title 49, United States Code) shall publish on an Internet Web site of the airport a telephone number to receive aviation noise complaints related to the airport.

(b)

Summaries and reports

Not later than 1 after the last day of the 3-month period referred to in subsection (a), and annually thereafter, an owner or operator that receives one or more noise complaints under subsection (a) shall submit to the Administrator of the Federal Aviation Administration a report regarding the number of complaints received and a summary regarding the nature of such complaints. The Administrator shall make such information available to the public by print and electronic means.

VI

FAA Employees and Organization

601.

Federal Aviation Administration personnel management system

(a)

Dispute resolution

Section 40122(a) is amended—

(1)

by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and

(2)

by striking paragraph (2) and inserting the following:

(2)

Dispute resolution

(A)

Mediation

If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative—

(i)

shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the Aviation Safety and Investment Act of 2010); or

(ii)

may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement.

(B)

Binding arbitration

(i)

Assistance from Federal Service Impasses Panel

If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to an agreement, the Administrator and the exclusive bargaining representative of the employees (in this subparagraph referred to as the parties) shall submit their issues in controversy to the Federal Service Impasses Panel. The Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 members.

(ii)

Appointment of arbitration board

The Executive Director of the Panel shall provide for the appointment of the 3 members of a private arbitration board under clause (i) by requesting the Director of the Federal Mediation and Conciliation Service to prepare a list of not less than 15 names of arbitrators with Federal sector experience and by providing the list to the parties. Within 10 days of receiving the list, the parties shall each select one person from the list. The 2 arbitrators selected by the parties shall then select a third person from the list within 7 days. If either of the parties fails to select a person or if the 2 arbitrators are unable to agree on the third person within 7 days, the parties shall make the selection by alternately striking names on the list until one arbitrator remains.

(iii)

Framing issues in controversy

If the parties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board shall frame the issues.

(iv)

Hearings

The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims and an opportunity to present their case in person, by counsel, or by other representative as they may elect.

(v)

Decisions

The arbitration board shall render its decision within 90 days after the date of its appointment. Decisions of the arbitration board shall be conclusive and binding upon the parties.

(vi)

Costs

The parties shall share costs of the arbitration equally.

(3)

Ratification of agreements

Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(B), the final agreement, except for those matters decided by an arbitration board, shall be subject to ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative, and approval by the head of the agency in accordance with the provisions referred to in subsection (g)(2)(C).

(4)

Enforcement

(A)

Enforcement actions in United States courts

Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of enforcement actions brought under this section. Such an action may be brought in any judicial district in the State in which the violation of this section is alleged to have been committed, the judicial district in which the Federal Aviation Administration has its principal office, or the District of Columbia.

(B)

Attorney fees

The court may assess against the Federal Aviation Administration reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.

.

(b)

Application

On and after the date of enactment of this Act, any changes implemented by the Administrator of the Federal Aviation Administration on and after July 10, 2005, under section 40122(a) of title 49, United States Code (as in effect on the day before such date of enactment), without the agreement of the exclusive bargaining representative of the employees of the Administration certified under section 7111 of title 5, United States Code, shall be null and void and the parties shall be governed by their last mutual agreement before the implementation of such changes. The Administrator and the bargaining representative shall resume negotiations promptly, and, subject to subsection (c), their last mutual agreement shall be in effect until a new contract is adopted by the Administrator and the bargaining representative. If an agreement is not reached within 45 days after the date on which negotiations resume, the Administrator and the bargaining representative shall submit their issues in controversy to the Federal Service Impasses Panel in accordance with section 7119 of title 5, United States Code, for binding arbitration in accordance with paragraphs (2)(B), (3), and (4) of section 40122(a) of title 49, United States Code (as amended by subsection (a) of this section).

(c)

Savings clause

All cost of living adjustments and other pay increases, lump sum payments to employees, and leave and other benefit accruals implemented as part of the changes referred to in subsection (b) may not be reversed unless such reversal is part of the calculation of back pay under subsection (d). The Administrator shall waive any overpayment paid to, and not collect any funds for such overpayment, from former employees of the Administration who received lump sum payments prior to their separation from the Administration.

(d)

Back pay

(1)

In general

Employees subject to changes referred to in subsection (b) that are determined to be null and void under subsection (b) shall be eligible for pay that the employees would have received under the last mutual agreement between the Administrator and the exclusive bargaining representative of such employees before the date of enactment of this Act and any changes were implemented without agreement of the bargaining representative. The Administrator shall pay the employees such pay subject to the availability of amounts appropriated to carry out this subsection. If the appropriated funds do not cover all claims of the employees for such pay, the Administrator and the bargaining representative, pursuant to negotiations conducted in accordance with section 40122(a) of title 49, United States Code (as amended by subsection (a) of this section), shall determine the allocation of the appropriated funds among the employees on a pro rata basis.

(2)

Authorization of appropriations

There is authorized to be appropriated $20,000,000 to carry out this subsection.

(e)

Interim agreement

If the Administrator and the exclusive bargaining representative of the employees subject to the changes referred to in subsection (b) reach a final and binding agreement with respect to such changes before the date of enactment of this Act, such agreement shall supersede any changes implemented by the Administrator under section 40122(a) of title 49, United States Code (as in effect on the day before such date of enactment), without the agreement of the bargaining representative, and subsections (b) and (c) shall not take effect.

602.

Merit system principles and prohibited personnel practices

Section 40122(g)(2)(A) is amended to read as follows:

(A)

sections 2301 and 2302, relating to merit system principles and prohibited personnel practices, including the provisions for investigation and enforcement as provided in chapter 12 of title 5;

.

603.

Applicability of back pay requirements

(a)

Applicability of back pay requirements

Section 40122(g)(2) is amended—

(1)

by striking and at the end of subparagraph (G);

(2)

by striking the period at the end of subparagraph (H) and inserting ; and; and

(3)

by adding at the end the following:

(I)

section 5596, relating to back pay.

.

(b)

Applicability

(1)

In general

The amendment made by subsection (a) shall apply to—

(A)

all proceedings pending on, or commenced after, the date of enactment of this Act in which an employee of the Federal Aviation Administration is seeking relief under section 5596 of title 5, United States Code, that was available as of March 31, 1996; and

(B)

subject to paragraph (2), personnel actions of the Federal Aviation Administration under section 5596 of such title occurring before the date of enactment of this Act.

(2)

Special rule

The authority of the Merit Systems Protection Board to provide a remedy under section 5596 of such title, with respect to a personnel action of the Federal Aviation Administration occurring before the date of enactment of this Act, shall be limited to cases in which—

(A)

the Board, before such date of enactment, found that the Federal Aviation Administration committed an unjustified or unwarranted personnel action but ruled that the Board did not have the authority to provide a remedy for the personnel action under section 5596 of such title; and

(B)

a petition for review is filed with the clerk of the Board not later than 6 months after such date of enactment.

604.

FAA technical training and staffing

(a)

Study

(1)

In general

The Comptroller General shall conduct a study on the training of the airway transportation systems specialists of the Federal Aviation Administration (in this section referred to as FAA systems specialists).

(2)

Contents

The study shall—

(A)

include an analysis of the type of training provided to FAA systems specialists;

(B)

include an analysis of the type of training that FAA systems specialists need to be proficient on the maintenance of latest technologies;

(C)

include a description of actions that the Administration has undertaken to ensure that FAA systems specialists receive up-to-date training on the latest technologies;

(D)

identify the amount and cost of FAA systems specialists training provided by vendors;

(E)

identify the amount and cost of FAA systems specialists training provided by the Administration after developing courses for the training of such specialists;

(F)

identify the amount and cost of travel that is required of FAA systems specialists in receiving training; and

(G)

include a recommendation regarding the most cost-effective approach to providing FAA systems specialists training.

(3)

Report

Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

(b)

Workload of systems specialists

(1)

Study by national academy of sciences

Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall make appropriate arrangements for the National Academy of Sciences to conduct a study of the assumptions and methods used by the Federal Aviation Administration to estimate staffing needs for FAA systems specialists to ensure proper maintenance and certification of the national airspace system.

(2)

Contents

The study shall be conducted so as to provide the following:

(A)

A suggested method of modifying FAA systems specialists staffing models for application to current local conditions or applying some other approach to developing an objective staffing standard.

(B)

The approximate cost and length of time for developing such models.

(3)

Consultation

In conducting the study, the National Academy of Sciences shall consult with the exclusive bargaining representative of employees of the Federal Aviation Administration certified under section 7111 of title 5, United States Code, and the Administrator of the Federal Aviation Administration.

(4)

Report

Not later than 1 after the initiation of the arrangements under subsection (a), the National Academy of Sciences shall submit to Congress a report on the results of the study.

605.

Designee program

(a)

Report

Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of recommendations made by the Government Accountability Office in its October 2004 report, Aviation Safety: FAA Needs to Strengthen Management of Its Designee Programs (GAO–05–40).

(b)

Contents

The report shall include—

(1)

an assessment of the extent to which the Federal Aviation Administration has responded to recommendations of the Government Accountability Office referred to in subsection (a);

(2)

an identification of improvements, if any, that have been made to the designee programs referred to in the report of the Office as a result of such recommendations;

(3)

an identification of further action that is needed to implement such recommendations, improve the Administration’s management control of the designee programs, and increase assurance that designees meet the Administration’s performance standards; and

(4)

an assessment of the Administration’s organizational delegation and designee programs and a determination as to whether the Administration has sufficient monitoring and surveillance programs in place to properly oversee these programs.

606.

Staffing model for aviation safety inspectors

(a)

In general

Not later than October 31, 2009, the Administrator of the Federal Aviation Administration shall develop a staffing model for aviation safety inspectors. In developing the model, the Administrator shall follow the recommendations outlined in the 2007 study released by the National Academy of Sciences entitled Staffing Standards for Aviation Safety Inspectors and consult with interested persons, including the exclusive collective bargaining representative of the aviation safety inspectors.

(b)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section.

607.

Safety critical staffing

(a)

Safety inspectors

The Administrator of the Federal Aviation Administration shall increase the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service for a fiscal year commensurate with the funding levels provided in subsection (b) for the fiscal year. Such increases shall be measured relative to the number of persons serving in safety critical positions as of September 30, 2008.

(b)

Authorization of appropriations

In addition to amounts authorized by section 106(k) of title 49, United States Code, there is authorized to be appropriated to carry out subsection (a)—

(1)

$45,000,000 for fiscal year 2010;

(2)

$138,000,000 for fiscal year 2011; and

(3)

$235,000,000 for fiscal year 2012.

Such sums shall remain available until expended.
(c)

Implementation of staffing standards

Notwithstanding any other provision of this section, upon completion of the flight standards service staffing model under section 605 of this Act, and validation of the model by the Administrator, there are authorized to be appropriated such sums as may be necessary to support the number of aviation safety inspectors, safety technical specialists, and operation support positions that such model determines are required to meet the responsibilities of the Flight Standards Service.

(d)

Safety critical positions defined

In this section, the term safety critical positions means—

(1)

aviation safety inspectors, safety technical specialists, and operations support positions in the Flight Standards Service (as such terms are used in the Administration's fiscal year 2009 congressional budget justification); and

(2)

manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, safety technical specialists, and operational support positions in the Aircraft Certification Service (as such terms are used in the Administration's fiscal year 2009 congressional budget justification).

608.

FAA air traffic controller staffing

(a)

Study by National Academy of Sciences

Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the assumptions and methods used by the Federal Aviation Administration (in this section referred to as the FAA) to estimate staffing needs for FAA air traffic controllers to ensure the safe operation of the national airspace system.

(b)

Consultation

In conducting the study, the National Academy of Sciences shall consult with the exclusive bargaining representative of employees of the FAA certified under section 7111 of title 5, United States Code, the Administrator of the Federal Aviation Administration, and representatives of the Civil Aeronautical Medical Institute.

(c)

Contents

The study shall include an examination of representative information on human factors, traffic activity, and the technology and equipment used in air traffic control.

(d)

Recommendations and estimates

In conducting the study, the National Academy of Sciences shall develop—

(1)

recommendations for the development by the FAA of objective staffing standards to maintain the safety and efficiency of the national airspace system with current and future projected air traffic levels; and

(2)

estimates of cost and schedule for the development of such standards by the FAA or its contractors.

(e)

Report

Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

609.

Assessment of training programs for air traffic controllers

(a)

Study

The Administrator of the Federal Aviation Administration shall conduct a study to assess the adequacy of training programs for air traffic controllers.

(b)

Contents

The study shall include—

(1)

a review of the current training system for air traffic controllers;

(2)

an analysis of the competencies required of air traffic controllers for successful performance in the current air traffic control environment;

(3)

an analysis of competencies required of air traffic controllers as the Federal Aviation Administration transitions to the Next Generation Air Transportation System; and

(4)

an analysis of various training approaches available to satisfy the controller competencies identified under paragraphs (2) and (3).

(c)

Report

Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

610.

Collegiate training initiative study

(a)

Study

The Administrator of the Federal Aviation Administration shall conduct a study on training options for graduates of the Collegiate Training Initiative program conducted under section 44506(c) of title 49 United States Code. The study shall analyze the impact of providing as an alternative to the current training provided at the Mike Monroney Aeronautical Center of the Administration a new controller orientation session for graduates of such programs at the Mike Monroney Aeronautical Center followed by on-the-job training for newly hired air traffic controllers who are graduates of such program and shall include—

(1)

the cost effectiveness of such an alternative training approach; and

(2)

the effect that such an alternative training approach would have on the overall quality of training received by graduates of such programs.

(b)

Report

Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

611.

FAA Task Force on Air Traffic Control Facility Conditions

(a)

Establishment

The Administrator of the Federal Aviation Administration shall establish a special task force to be known as the FAA Task Force on Air Traffic Control Facility Conditions (in this section referred to as the Task Force).

(b)

Membership

(1)

Composition

The Task Force shall be composed of 12 members of whom—

(A)

8 members shall be appointed by the Administrator; and

(B)

4 members shall be appointed by labor unions representing employees who work at field facilities of the Administration.

(2)

Qualifications

Of the members appointed by the Administrator under paragraph (1)(A)—

(A)

4 members shall be specialists on toxic mold abatement, sick building syndrome, and other hazardous building conditions that can lead to employee health concerns and shall be appointed by the Administrator in consultation with the Director of the National Institute for Occupational Safety and Health; and

(B)

2 members shall be specialists on the rehabilitation of aging buildings.

(3)

Terms

Members shall be appointed for the life of the Task Force.

(4)

Vacancies

A vacancy in the Task Force shall be filled in the manner in which the original appointment was made.

(5)

Travel expenses

Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.

(c)

Chairperson

The Administrator shall designate, from among the individuals appointed under subsection (b)(1), an individual to serve as chairperson of the Task Force.

(d)

Task force personnel matters

(1)

Staff

The Task Force may appoint and fix the pay of such personnel as it considers appropriate.

(2)

Staff of federal agencies

Upon request of the Chairperson of the Task Force, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Task Force to assist it in carrying out its duties under this section.

(3)

Other staff and support

Upon request of the Task Force or a panel of the Task Force, the Administrator shall provide the Task Force or panel with professional and administrative staff and other support, on a reimbursable basis, to the Task Force to assist it in carrying out its duties under this section.

(e)

Obtaining official data

The Task Force may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Task Force to carry out its duties under this section. Upon request of the chairperson of the Task Force, the head of that department or agency shall furnish such information to the Task Force.

(f)

Duties

(1)

Study

The Task Force shall undertake a study of—

(A)

the conditions of all air traffic control facilities across the Nation, including towers, centers, and terminal radar air control;

(B)

reports from employees of the Administration relating to respiratory ailments and other health conditions resulting from exposure to mold, asbestos, poor air quality, radiation and facility-related hazards in facilities of the Administration;

(C)

conditions of such facilities that could interfere with such employees’ ability to effectively and safely perform their duties;

(D)

the ability of managers and supervisors of such employees to promptly document and seek remediation for unsafe facility conditions;

(E)

whether employees of the Administration who report facility-related illnesses are treated fairly;

(F)

utilization of scientifically approved remediation techniques in a timely fashion once hazardous conditions are identified in a facility of the Administration; and

(G)

resources allocated to facility maintenance and renovation by the Administration.

(2)

Facility condition indicies (fci)

The Task Force shall review the facility condition indicies of the Administration (in this section referred to as the FCI) for inclusion in the recommendations under subsection (g).

(g)

Recommendations

Based on the results of the study and review of the FCI under subsection (f), the Task Force shall make recommendations as it considers necessary to—

(1)

prioritize those facilities needing the most immediate attention in order of the greatest risk to employee health and safety;

(2)

ensure that the Administration is using scientifically approved remediation techniques in all facilities; and

(3)

assist the Administration in making programmatic changes so that aging air traffic control facilities do not deteriorate to unsafe levels.

(h)

Report

Not later than 6 months after the date on which initial appointments of members to the Task Force are completed, the Task Force shall submit to the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the activities of the Task Force, including the recommendations of the Task Force under subsection (g).

(i)

Implementation

Within 30 days of the receipt of the Task Force report under subsection (h), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes a plan and timeline to implement the recommendations of the Task Force and to align future budgets and priorities of the Administration accordingly.

(j)

Termination

The Task Force shall terminate on the last day of the 30-day period beginning on the date on which the report under subsection (h) was submitted.

(k)

Applicability of the Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.

(l)

Authorization of appropriations

There are authorized to be appropriated to the Secretary of Transportation $250,000 to carry out this section.

VII

Aviation Insurance

701.

General authority

(a)

Extension of policies

Section 44302(f)(1) is amended—

(1)

by striking September 30, 2009 and inserting September 30, 2012; and

(2)

by striking December 31, 2009 and inserting December 31, 2019.

(b)

Successor program

Section 44302(f) is amended by adding at the end the following:

(3)

Successor program

(A)

In general

After December 31, 2019, coverage for the risks specified in a policy that has been extended under paragraph (1) shall be provided in an airline industry sponsored risk retention or other risk-sharing arrangement approved by the Secretary.

(B)

Transfer of premiums

(i)

In general

On December 31, 2019, and except as provided in clause (ii), premiums that are collected by the Secretary from the airline industry after September 22, 2001, for any policy under this subsection, and interest earned thereon, as determined by the Secretary, shall be transferred to an airline industry sponsored risk retention or other risk-sharing arrangement approved by the Secretary.

(ii)

Determination of amount transferred

The amount transferred pursuant to clause (i) shall be less—

(I)

the amount of any claims paid out on such policies from September 22, 2001, through December 31, 2019;

(II)

the amount of any claims pending under such policies as of December 31, 2019; and

(III)

the cost, as determined by the Secretary, of administering the provision of insurance policies under this chapter from September 22, 2001, through December 31, 2019.

.

702.

Extension of authority to limit third party liability of air carriers arising out of acts of terrorism

Section 44303(b) is amended by striking December 31, 2009 and inserting December 31, 2012.

703.

Clarification of reinsurance authority

Section 44304 is amended in the second sentence by striking the carrier and inserting any insurance carrier.

704.

Use of independent claims adjusters

Section 44308(c)(1) is amended in the second sentence by striking agent and inserting agent, or a claims adjuster who is independent of the underwriting agent,.

705.

Extension of program authority

Section 44310 is amended by striking December 31, 2013 and inserting December 31, 2019.

VIII

Miscellaneous

801.

Air carrier citizenship

Section 40102(a)(15) is amended by adding at the end the following:

For purposes of subparagraph (C), an air carrier shall not be deemed to be under the actual control of citizens of the United States unless citizens of the United States control all matters pertaining to the business and structure of the air carrier, including operational matters such as marketing, branding, fleet composition, route selection, pricing, and labor relations.

.

802.

Disclosure of data to Federal agencies in interest of national security

Section 40119(b) is amended by adding at the end the following:

(3)

Limitation on applicability of freedom of information act

Section 552a of title 5, United States Code, shall not apply to disclosures that the Administrator of the Federal Aviation Administration may make from the systems of records of the Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.

.

803.

FAA access to criminal history records and database systems

(a)

In general

Chapter 401 is amended by adding at the end the following:

40130.

FAA access to criminal history records or databases systems

(a)

Access to records or databases systems

(1)

Access to information

Notwithstanding section 534 of title 28, and regulations issued to implement such section, the Administrator of the Federal Aviation Administration may access a system of documented criminal justice information maintained by the Department of Justice or by a State but may do so only for the purpose of carrying out civil and administrative responsibilities of the Administration to protect the safety and security of the national airspace system or to support the missions of the Department of Justice, the Department of Homeland Security, and other law enforcement agencies.

(2)

Release of information

In accessing a system referred to in paragraph (1), the Administrator shall be subject to the same conditions and procedures established by the Department of Justice or the State for other governmental agencies with access to the system.

(3)

Limitation

The Administrator may not use the access authorized under paragraph (1) to conduct criminal investigations.

(b)

Designated employees

The Administrator shall designate, by order, employees of the Administration who shall carry out the authority described in subsection (a). The designated employees may—

(1)

have access to and receive criminal history, driver, vehicle, and other law enforcement information contained in the law enforcement databases of the Department of Justice, or any jurisdiction of a State, in the same manner as a police officer employed by a State or local authority of that State who is certified or commissioned under the laws of that State;

(2)

use any radio, data link, or warning system of the Federal Government, and of any jurisdiction in a State, that provides information about wanted persons, be-on-the-lookout notices, warrant status, or other officer safety information to which a police officer employed by a State or local authority in that State who is certified or commission under the laws of that State has access and in the same manner as such police officer; or

(3)

receive Federal, State, or local government communications with a police officer employed by a State or local authority in that State in the same manner as a police officer employed by a State or local authority in that State who is commissioned under the laws of that State.

(c)

System of documented criminal justice information defined

In this section, the term system of documented criminal justice information means any law enforcement database, system, or communication containing information concerning identification, criminal history, arrests, convictions, arrest warrants, wanted or missing persons, including the National Crime Information Center and its incorporated criminal history databases and the National Law Enforcement Telecommunications System.

.

(b)

Clerical amendment

The analysis for chapter 401 is amended by adding at the end the following:

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

.

804.

Clarification of air carrier fee disputes

(a)

In general

Section 47129 is amended—

(1)

in the section heading by striking air carrier and inserting carrier;

(2)

in subsection (a) by striking (as defined in section 40102 of this title) and inserting (as such terms are defined in section 40102);

(3)

in the heading for subsection (d) by striking Air Carrier and inserting Air Carrier and Foreign Air Carrier;

(4)

in the heading for paragraph (2) of subsection (d) by striking air carrier and inserting air carrier and foreign air carrier;

(5)

by striking air carriers each place it appears and inserting air carriers or foreign air carriers;

(6)

by striking air carrier each place it appears and inserting air carrier or foreign air carrier; and

(7)

by striking air carrier’s each place it appears and inserting air carrier’s or foreign air carrier’s.

(b)

Clerical amendment

The analysis for chapter 471 is amended by striking the item relating to section 47129 and inserting the following: