[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 658 Enrolled Bill (ENR)]
H.R.658
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To amend title 49, United States Code, to authorize appropriations for
the Federal Aviation Administration for fiscal years 2011 through 2014,
to streamline programs, create efficiencies, reduce waste, and improve
aviation safety and capacity, to provide stable funding for the national
aviation system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FAA Modernization
and Reform Act of 2012''.
(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. Funding for aviation programs.
Sec. 105. Delineation of Next Generation Air Transportation System
projects.
Subtitle B--Passenger Facility Charges
Sec. 111. Passenger facility charges.
Sec. 112. GAO study of alternative means of collecting PFCs.
Sec. 113. Qualifications-based selection.
Subtitle C--Fees for FAA Services
Sec. 121. Update on overflights.
Sec. 122. Registration fees.
Subtitle D--Airport Improvement Program Modifications
Sec. 131. Airport master plans.
Sec. 132. AIP definitions.
Sec. 133. Recycling plans for airports.
Sec. 134. Contents of competition plans.
Sec. 135. Grant assurances.
Sec. 136. Agreements granting through-the-fence access to general
aviation airports.
Sec. 137. Government share of project costs.
Sec. 138. Allowable project costs.
Sec. 139. Veterans' preference.
Sec. 140. Minority and disadvantaged business participation.
Sec. 141. Special apportionment rules.
Sec. 142. United States territories minimum guarantee.
Sec. 143. Reducing apportionments.
Sec. 144. Marshall Islands, Micronesia, and Palau.
Sec. 145. Use of apportioned amounts.
Sec. 146. Designating current and former military airports.
Sec. 147. Contract tower program.
Sec. 148. Resolution of disputes concerning airport fees.
Sec. 149. Sale of private airports to public sponsors.
Sec. 150. Repeal of certain limitations on Metropolitan Washington
Airports Authority.
Sec. 151. Midway Island Airport.
Sec. 152. Miscellaneous amendments.
Sec. 153. Extension of grant authority for compatible land use planning
and projects by State and local governments.
Sec. 154. Priority review of construction projects in cold weather
States.
Sec. 155. Study on national plan of integrated airport systems.
Sec. 156. Airport privatization program.
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
Sec. 201. Definitions.
Sec. 202. NextGen demonstrations and concepts.
Sec. 203. Clarification of authority to enter into reimbursable
agreements.
Sec. 204. Chief NextGen Officer.
Sec. 205. Definition of air navigation facility.
Sec. 206. Clarification to acquisition reform authority.
Sec. 207. Assistance to foreign aviation authorities.
Sec. 208. Next Generation Air Transportation System Joint Planning and
Development Office.
Sec. 209. Next Generation Air Transportation Senior Policy Committee.
Sec. 210. Improved management of property inventory.
Sec. 211. Automatic dependent surveillance-broadcast services.
Sec. 212. Expert review of enterprise architecture for NextGen.
Sec. 213. Acceleration of NextGen technologies.
Sec. 214. Performance metrics.
Sec. 215. Certification standards and resources.
Sec. 216. Surface systems acceleration.
Sec. 217. Inclusion of stakeholders in air traffic control modernization
projects.
Sec. 218. Airspace redesign.
Sec. 219. Study on feasibility of development of a public internet web-
based resource on locations of potential aviation
obstructions.
Sec. 220. NextGen research and development center of excellence.
Sec. 221. Public-private partnerships.
Sec. 222. Operational incentives.
Sec. 223. Educational requirements.
Sec. 224. Air traffic controller staffing initiatives and analysis.
Sec. 225. Reports on status of greener skies project.
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. Design and production organization certificates.
Sec. 304. Cabin crew communication.
Sec. 305. Line check evaluations.
Sec. 306. Safety of air ambulance operations.
Sec. 307. Prohibition on personal use of electronic devices on flight
deck.
Sec. 308. Inspection of repair stations located outside the United
States.
Sec. 309. Enhanced training for flight attendants.
Sec. 310. Limitation on disclosure of safety information.
Sec. 311. Prohibition against aiming a laser pointer at an aircraft.
Sec. 312. Aircraft certification process review and reform.
Sec. 313. Consistency of regulatory interpretation.
Sec. 314. Runway safety.
Sec. 315. Flight Standards Evaluation Program.
Sec. 316. Cockpit smoke.
Sec. 317. Off-airport, low-altitude aircraft weather observation
technology.
Sec. 318. Feasibility of requiring helicopter pilots to use night vision
goggles.
Sec. 319. Maintenance providers.
Sec. 320. Study of air quality in aircraft cabins.
Sec. 321. Improved pilot licenses.
Subtitle B--Unmanned Aircraft Systems
Sec. 331. Definitions.
Sec. 332. Integration of civil unmanned aircraft systems into national
airspace system.
Sec. 333. Special rules for certain unmanned aircraft systems.
Sec. 334. Public unmanned aircraft systems.
Sec. 335. Safety studies.
Sec. 336. Special rule for model aircraft.
Subtitle C--Safety and Protections
Sec. 341. Aviation Safety Whistleblower Investigation Office.
Sec. 342. Postemployment restrictions for flight standards inspectors.
Sec. 343. Review of air transportation oversight system database.
Sec. 344. Improved voluntary disclosure reporting system.
Sec. 345. Duty periods and flight time limitations applicable to flight
crewmembers.
Sec. 346. Certain existing flight time limitations and rest
requirements.
Sec. 347. Emergency locator transmitters on general aviation aircraft.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Passenger Air Service Improvements
Sec. 401. Smoking prohibition.
Sec. 402. Monthly air carrier reports.
Sec. 403. Musical instruments.
Sec. 404. Extension of competitive access reports.
Sec. 405. Airfares for members of the Armed Forces.
Sec. 406. Review of air carrier flight delays, cancellations, and
associated causes.
Sec. 407. Compensation for delayed baggage.
Sec. 408. DOT airline consumer complaint investigations.
Sec. 409. Study of operators regulated under part 135.
Sec. 410. Use of cell phones on passenger aircraft.
Sec. 411. Establishment of advisory committee for aviation consumer
protection.
Sec. 412. Disclosure of seat dimensions to facilitate the use of child
safety seats on aircraft.
Sec. 413. Schedule reduction.
Sec. 414. Ronald Reagan Washington National Airport slot exemptions.
Sec. 415. Passenger air service improvements.
Subtitle B--Essential Air Service
Sec. 421. Limitation on essential air service to locations that average
fewer than 10 enplanements per day.
Sec. 422. Essential air service eligibility.
Sec. 423. Essential air service marketing.
Sec. 424. Notice to communities prior to termination of eligibility for
subsidized essential air service.
Sec. 425. Restoration of eligibility to a place determined to be
ineligible for subsidized essential air service.
Sec. 426. Adjustments to compensation for significantly increased costs.
Sec. 427. Essential air service contract guidelines.
Sec. 428. Essential air service reform.
Sec. 429. Small community air service.
Sec. 430. Repeal of essential air service local participation program.
Sec. 431. Extension of final order establishing mileage adjustment
eligibility.
TITLE V--ENVIRONMENTAL STREAMLINING
Sec. 501. Overflights of national parks.
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. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise levels.
Sec. 507. Aircraft departure queue management pilot program.
Sec. 508. High performance, sustainable, and cost-effective air traffic
control facilities.
Sec. 509. Sense of Congress.
Sec. 510. Aviation noise complaints.
Sec. 511. Pilot program for zero-emission airport vehicles.
Sec. 512. Increasing the energy efficiency of airport power sources.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. Presidential rank award program.
Sec. 603. Collegiate training initiative study.
Sec. 604. Frontline manager staffing.
Sec. 605. FAA technical training and staffing.
Sec. 606. Safety critical staffing.
Sec. 607. Air traffic control specialist qualification training.
Sec. 608. FAA air traffic controller staffing.
Sec. 609. Air traffic controller training and scheduling.
Sec. 610. FAA facility conditions.
Sec. 611. Technical correction.
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.
TITLE VIII--MISCELLANEOUS
Sec. 801. Disclosure of data to Federal agencies in interest of national
security.
Sec. 802. FAA authority to conduct criminal history record checks.
Sec. 803. Civil penalties technical amendments.
Sec. 804. Consolidation and realignment of FAA services and facilities.
Sec. 805. Limiting access to flight decks of all-cargo aircraft.
Sec. 806. Consolidation or elimination of obsolete, redundant, or
otherwise unnecessary reports; use of electronic media format.
Sec. 807. Prohibition on use of certain funds.
Sec. 808. Study on aviation fuel prices.
Sec. 809. Wind turbine lighting.
Sec. 810. Air-rail code sharing study.
Sec. 811. D.C. Metropolitan Area Special Flight Rules Area.
Sec. 812. FAA review and reform.
Sec. 813. Use of mineral revenue at certain airports.
Sec. 814. Contracting.
Sec. 815. Flood planning.
Sec. 816. Historical aircraft documents.
Sec. 817. Release from restrictions.
Sec. 818. Sense of Congress.
Sec. 819. Human Intervention Motivation Study.
Sec. 820. Study of aeronautical mobile telemetry.
Sec. 821. Clarification of requirements for volunteer pilots operating
charitable medical flights.
Sec. 822. Pilot program for redevelopment of airport properties.
Sec. 823. Report on New York City and Newark air traffic control
facilities.
Sec. 824. Cylinders of compressed oxygen or other oxidizing gases.
Sec. 825. Orphan aviation earmarks.
Sec. 826. Privacy protections for air passenger screening with advanced
imaging technology.
Sec. 827. Commercial space launch license requirements.
Sec. 828. Air transportation of lithium cells and batteries.
Sec. 829. Clarification of memorandum of understanding with OSHA.
Sec. 830. Approval of applications for the airport security screening
opt-out program.
TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT
Sec. 901. Authorization of appropriations.
Sec. 902. Definitions.
Sec. 903. Unmanned aircraft systems.
Sec. 904. Research program on runways.
Sec. 905. Research on design for certification.
Sec. 906. Airport cooperative research program.
Sec. 907. Centers of excellence.
Sec. 908. Center of excellence for aviation human resource research.
Sec. 909. Interagency research on aviation and the environment.
Sec. 910. Aviation fuel research and development program.
Sec. 911. Research program on alternative jet fuel technology for civil
aircraft.
Sec. 912. Review of FAA's energy-related and environment-related
research programs.
Sec. 913. Review of FAA's aviation safety-related research programs.
Sec. 914. Production of clean coal fuel technology for civilian
aircraft.
Sec. 915. Wake turbulence, volcanic ash, and weather research.
Sec. 916. Reauthorization of center of excellence in applied research
and training in the use of advanced materials in transport
aircraft.
Sec. 917. Research and development of equipment to clean and monitor the
engine and APU bleed air supplied on pressurized aircraft.
Sec. 918. Expert review of enterprise architecture for NextGen.
Sec. 919. Airport sustainability planning working group.
TITLE X--NATIONAL MEDIATION BOARD
Sec. 1001. Rulemaking authority.
Sec. 1002. Runoff election rules.
Sec. 1003. Bargaining representative certification.
Sec. 1004. Oversight.
TITLE XI--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
Sec. 1100. Amendment of 1986 code.
Sec. 1101. Extension of taxes funding airport and airway trust fund.
Sec. 1102. Extension of airport and airway trust fund expenditure
authority.
Sec. 1103. Treatment of fractional aircraft ownership programs.
Sec. 1104. Transparency in passenger tax disclosures.
Sec. 1105. Tax-exempt bond financing for fixed-wing emergency medical
aircraft.
Sec. 1106. Rollover of amounts received in airline carrier bankruptcy.
Sec. 1107. Termination of exemption for small jet aircraft on
nonestablished lines.
Sec. 1108. Modification of control definition for purposes of section
249.
TITLE XII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010
Sec. 1201. Compliance provision.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the amendments
made by this Act shall take effect on the date of enactment of this
Act.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103 is amended to read as follows:
``Sec. 48103. Airport planning and development and noise compatibility
planning and programs
``(a) In General.--There shall be available to the Secretary of
Transportation out of the Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code of 1986 to make grants
for airport planning and airport development under section 47104,
airport noise compatibility planning under section 47505(a)(2), and
carrying out noise compatibility programs under section 47504(c)
$3,350,000,000 for each of fiscal years 2012 through 2015.
``(b) Availability of Amounts.--Amounts made available under
subsection (a) shall remain available until expended.''.
(b) Obligational Authority.--Section 47104(c) is amended in the
matter preceding paragraph (1) by striking ``After'' and all the
follows before ``the Secretary'' and inserting ``After September 30,
2015,''.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations.--Section 48101(a) is amended
by striking paragraphs (1) through (8) and inserting the following:
``(1) $2,731,000,000 for fiscal year 2012.
``(2) $2,715,000,000 for fiscal year 2013.
``(3) $2,730,000,000 for fiscal year 2014.
``(4) $2,730,000,000 for fiscal year 2015.''.
(b) Set-Asides.--Section 48101 is amended--
(1) by striking subsections (c), (d), (e), (h), and (i); and
(2) by redesignating subsections (f) and (g) as subsections (c)
and (d), respectively.
SEC. 103. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) is amended by striking
subparagraphs (A) through (H) and inserting the following:
``(A) $9,653,000,000 for fiscal year 2012;
``(B) $9,539,000,000 for fiscal year 2013;
``(C) $9,596,000,000 for fiscal year 2014; and
``(D) $9,653,000,000 for fiscal year 2015.''.
(b) Authorized Expenditures.--Section 106(k)(2) is amended--
(1) by striking subparagraphs (A), (B), (C), and (D);
(2) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (A), (B), and (C), respectively; and
(3) in subparagraphs (A), (B), and (C) (as so redesignated) by
striking ``2004 through 2007'' and inserting ``2012 through 2015''.
(c) Authority To Transfer Funds.--Section 106(k) is amended by
adding at the end the following:
``(3) Administering program within available funding.--
Notwithstanding any other provision of law, in each of fiscal years
2012 through 2015, if the Secretary determines that the funds
appropriated under paragraph (1) are insufficient to meet the
salary, operations, and maintenance expenses of the Federal
Aviation Administration, as authorized by this section, the
Secretary shall reduce nonsafety-related activities of the
Administration as necessary to reduce such expenses to a level that
can be met by the funding available under paragraph (1).''.
SEC. 104. 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 pursuant to sections 48101, 48102, 48103, and 106(k)
shall--
``(i) in fiscal year 2013, 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 fiscal year 2014 and each fiscal year
thereafter, 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 the aviation investment
programs listed in subsection (b)(1).''.
(b) Technical Correction.--Section 48114(a)(1)(B) is amended by
striking ``subsection (b)'' and inserting ``subsection (b)(1)''.
(c) Additional Authorizations of Appropriations From the General
Fund.--Section 48114(a)(2) is amended by striking ``2007'' and
inserting ``2015''.
(d) 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''.
(e) Enforcement of Guarantees.--Section 48114(c)(2) is amended by
striking ``2007'' and inserting ``2015''.
SEC. 105. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION SYSTEM
PROJECTS.
Section 44501(b) is amended--
(1) in paragraph (3) by striking ``and'' after the semicolon;
(2) in paragraph (4)(B) by striking ``defense.'' and inserting
``defense; and''; and
(3) by adding at the end the following:
``(5) a list of capital projects that are part of the Next
Generation Air Transportation System and funded by amounts
appropriated under section 48101(a).''.
Subtitle B--Passenger Facility Charges
SEC. 111. PASSENGER FACILITY CHARGES.
(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) Pilot Program for PFC Authorizations at Nonhub Airports.--
Section 40117(l) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(c) 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.--
(A) Subtitle VII is amended by striking ``fee'' and
inserting ``charge'' each place it appears in each of the
following sections:
(i) Section 47106(f)(1).
(ii) Section 47110(e)(5).
(iii) Section 47114(f).
(iv) Section 47134(g)(1).
(v) Section 47139(b).
(vi) Section 47521.
(vii) Section 47524(e).
(viii) Section 47526(2).
(B) Section 47521(5) is amended by striking ``fees'' and
inserting ``charges''.
(3) Clerical amendment.--The analysis for chapter 401 is
amended by striking the item relating to section 40117 and
inserting the following:
``40117. Passenger facility charges.''.
SEC. 112. GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS.
(a) In General.--The Comptroller General of the United States shall
conduct a study of alternative means of collecting passenger facility
charges imposed under section 40117 of title 49, United States Code,
that would permit such charges to be collected without being included
in the ticket price. In conducting the study, the Comptroller General
shall consider, at a minimum--
(1) collection options for arriving, connecting, and departing
passengers at airports;
(2) cost sharing or allocation methods based on passenger
travel to address connecting traffic; and
(3) examples of airport charges collected by domestic and
international airports that are not included in ticket prices.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the study, including the Comptroller General's findings,
conclusions, and recommendations.
SEC. 113. QUALIFICATIONS-BASED SELECTION.
It is the sense of Congress that airports should consider the use
of qualifications-based selection in carrying out capital improvement
projects funded using passenger facility charges collected under
section 40117 of title 49, United States Code, with the goal of serving
the needs of all stakeholders.
Subtitle C--Fees for FAA Services
SEC. 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
this section, 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.
``(2) Services for which costs may be recovered.--Services for
which costs may be recovered under this section include the costs
of air traffic control, navigation, weather services, training, and
emergency services that 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.
``(3) Limitations on judicial review.--Notwithstanding section
702 of title 5 or any other provision of law, the following actions
and other matters shall not be subject to judicial review:
``(A) The establishment or adjustment of a fee by the
Administrator under this section.
``(B) The validity of a determination of costs by the
Administrator under paragraph (1), and the processes and
procedures applied by the Administrator when reaching such
determination.
``(C) An allocation of costs by the Administrator under
paragraph (1) to services provided, and the processes and
procedures applied by the Administrator when establishing such
allocation.
``(4) Aircraft altitude.--Nothing in this section shall require
the Administrator to take into account aircraft altitude in
establishing any fee for aircraft operations in en route or oceanic
airspace.
``(5) Costs defined.--In this subsection, the term `costs'
includes operation and maintenance costs, leasing costs, and
overhead expenses associated with the services provided and the
facilities and equipment used in providing such services.''.
(b) Adjustment of Fees.--Section 45301 is amended by adding at the
end the following:
``(e) Adjustment of Fees.--In addition to adjustments under
subsection (b), the Administrator may periodically adjust the fees
established under this section.''.
SEC. 122. REGISTRATION FEES.
(a) In General.--Chapter 453 is amended by adding at the end the
following:
``Sec. 45305. Registration, certification, and related fees
``(a) General Authority and Fees.--Subject to subsection (b), the
Administrator of the Federal Aviation Administration shall establish
and collect a fee for each of the following services and activities of
the Administration that does not exceed the estimated costs of the
service or activity:
``(1) Registering an aircraft.
``(2) Reregistering, replacing, or renewing an aircraft
registration certificate.
``(3) Issuing an original dealer's aircraft registration
certificate.
``(4) Issuing an additional dealer's aircraft registration
certificate (other than the original).
``(5) Issuing a special registration number.
``(6) Issuing a renewal of a special registration number
reservation.
``(7) Recording a security interest in an aircraft or aircraft
part.
``(8) Issuing an airman certificate.
``(9) Issuing a replacement airman certificate.
``(10) Issuing an airman medical certificate.
``(11) 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, including
all costs associated with collecting the fee; 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 adjust a fee
established under subsection (a) for a service or activity if the
Administrator determines that the actual cost of the service or
activity is higher or lower than was indicated by the cost data
used to establish such fee.''.
(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.''.
Subtitle D--Airport Improvement Program Modifications
SEC. 131. AIRPORT MASTER PLANS.
Section 47101(g)(2) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D); and
(3) by inserting after subparagraph (B) the following:
``(C) consider passenger convenience, airport ground
access, and access to airport facilities; and''.
SEC. 132. AIP DEFINITIONS.
(a) Airport Development.--Section 47102(3) is amended--
(1) in subparagraph (B)(iv) by striking ``20'' and inserting
``9'';
(2) in subparagraph (G) by inserting ``and including acquiring
glycol recovery vehicles,'' after ``aircraft,''; and
(3) 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, nonexclusive 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 to read as
follows:
``(5) `airport planning' means planning as defined by
regulations the Secretary prescribes and includes--
``(A) integrated airport system planning;
``(B) developing an environmental management system; and
``(C) developing a plan for recycling and minimizing the
generation of airport solid waste, consistent with applicable
State and local recycling laws, including the cost of a waste
audit.''.
(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 (as amended by subsection
(c) of this section) 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).''.
SEC. 133. RECYCLING PLANS FOR AIRPORTS.
Section 47106(a) is amended--
(1) in paragraph (4) by striking ``and'' at the end;
(2) in paragraph (5) by striking ``proposed.'' and inserting
``proposed; and''; and
(3) by adding at the end the following:
``(6) if the project is for an airport that has an airport
master plan, the master plan addresses issues relating to solid
waste recycling at the airport, including--
``(A) the feasibility of solid waste recycling at the
airport;
``(B) minimizing the generation of solid waste at the
airport;
``(C) operation and maintenance requirements;
``(D) the review of waste management contracts; and
``(E) the potential for cost savings or the generation of
revenue.''.
SEC. 134. 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.
SEC. 135. 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) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i) by striking
``purpose--'' and inserting ``purpose (including land
serving as a noise buffer either by being undeveloped or
developed in a way that is compatible with using the land
for noise buffering purposes)--'';
(ii) in clause (iii) 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)''; and
(B) in subparagraph (B)(iii) by striking ``reinvested, on
application'' and all that follows before the period at the end
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) In approving the reinvestment or transfer of proceeds under
paragraph (2)(A)(iii) or (2)(B)(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 that
airport.
``(E) Payment to the Secretary for deposit in the Airport and
Airway Trust Fund established under section 9502 of the Internal
Revenue Code of 1986.
``(5)(A) A lease at fair market value by an airport owner or
operator of land acquired for a noise compatibility purpose using a
grant provided under this subchapter shall not be considered a disposal
for purposes of paragraph (2).
``(B) The airport owner or operator may use revenues from a lease
described in subparagraph (A) for an approved airport development
project that is eligible for funding under section 47114, 47115, or
47117.
``(C) The Secretary shall coordinate with each airport owner or
operator to ensure that leases described in subparagraph (A) are
consistent with noise buffering purposes.
``(D) The provisions of this paragraph apply to all land acquired
before, on, or after the date of enactment of this paragraph.''.
SEC. 136. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL
AVIATION AIRPORTS.
(a) In General.--Section 47107 is amended by adding at the end the
following:
``(t) Agreements Granting Through-The-Fence Access to General
Aviation Airports.--
``(1) In general.--Subject to paragraph (2), a sponsor of a
general aviation airport shall not be considered to be in violation
of this subtitle, or to be in violation of a grant assurance made
under this section or under any other provision of law as a
condition for the receipt of Federal financial assistance for
airport development, solely because the sponsor enters into an
agreement that grants to a person that owns residential real
property adjacent to or near the airport access to the airfield of
the airport for the following:
``(A) Aircraft of the person.
``(B) Aircraft authorized by the person.
``(2) Through-the-fence agreements.--
``(A) In general.--An agreement described in paragraph (1)
between an airport sponsor and a property owner (or an
association representing such property owner) shall be a
written agreement that prescribes the rights, responsibilities,
charges, duration, and other terms the airport sponsor
determines are necessary to establish and manage the airport
sponsor's relationship with the property owner.
``(B) Terms and conditions.--An agreement described in
paragraph (1) between an airport sponsor and a property owner
(or an association representing such property owner) shall
require the property owner, at minimum--
``(i) to pay airport access charges that, as determined
by the airport sponsor, are comparable to those charged to
tenants and operators on-airport making similar use of the
airport;
``(ii) to bear the cost of building and maintaining the
infrastructure that, as determined by the airport sponsor,
is necessary to provide aircraft located on the property
adjacent to or near the airport access to the airfield of
the airport;
``(iii) to maintain the property for residential,
noncommercial use for the duration of the agreement;
``(iv) to prohibit access to the airport from other
properties through the property of the property owner; and
``(v) to prohibit any aircraft refueling from occurring
on the property.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to an agreement between an airport sponsor and a property owner
(or an association representing such property owner) entered into
before, on, or after the date of enactment of this Act.
SEC. 137. 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
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 after
such change in hub status.
``(f) Special Rule for Economically Distressed Communities.--The
Government's share of allowable project costs shall be 95 percent for a
project at an airport that--
``(1) is receiving essential air service for which compensation
was provided to an air carrier 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.''.
SEC. 138. ALLOWABLE PROJECT 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 because the airport has a shortened construction
season due to climactic conditions 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, including submission of a complete
grant application to the appropriate regional or district
office of the Federal Aviation Administration;
``(iii) the sponsor notifies the Secretary before
authorizing work to commence on the project;
``(iv) the sponsor has an alternative funding source
available to fund the project; and
``(v) 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) Inclusion of Measures to Improve Efficiency of Airport
Buildings in Airport Improvement Projects.--Section 47110(b) is
amended--
(1) in paragraph (5) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) if the cost is incurred on a measure to improve the
efficiency of an airport building (such as a measure designed to
meet one or more of the criteria for being considered a high-
performance green building as set forth under section 401(13) of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17061(13))) and--
``(A) the measure is for a project for airport development;
``(B) the measure is for an airport building that is
otherwise eligible for construction assistance under this
subchapter; and
``(C) if the measure results in an increase in initial
project costs, the increase is justified by expected savings
over the life cycle of the project.''.
(c) 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.''.
(d) Nonprimary Airports.--Section 47110(h) is amended--
(1) by inserting ``construction'' before ``costs of revenue
producing''; and
(2) by striking ``, including fuel farms and hangars,''.
(e) Bird-Detecting Radar Systems.--Section 47110 is amended by
adding at the end the following:
``(i) Bird-Detecting Radar Systems.--The Administrator of the
Federal Aviation Administration, upon the conclusion of all planned
research by the Administration regarding avian radar systems, shall--
``(1) update Advisory Circular No. 150/5220-25 to specify which
systems have been studied; and
``(2) within 180 days after such research is concluded, issue a
final report on the use of avian radar systems in the national
airspace system.''.
SEC. 139. VETERANS' PREFERENCE.
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 in section 101 of title 38) in
the armed forces in support of Operation Enduring Freedom,
Operation Iraqi Freedom, or Operation New Dawn for more than 180
consecutive days, any part of which occurred after September 11,
2001, and before the date prescribed by presidential proclamation
or by law as the last day of Operation Enduring Freedom, Operation
Iraqi Freedom, or Operation New Dawn (whichever is later), and who
was discharged or released from active duty in the armed forces
under honorable conditions.
``(D) `Persian Gulf veteran' means an individual who served on
active duty in the armed forces in the Southwest Asia theater of
operations during the Persian Gulf War for more than 180
consecutive days, any part of which occurred after August 2, 1990,
and before the date prescribed by presidential proclamation or by
law, and who was discharged or released from active duty in the
armed forces under honorable conditions.''; and
(2) in paragraph (2) by striking ``Vietnam-era veterans and
disabled veterans'' and inserting ``Vietnam-era veterans, Persian
Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans,
and small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)) owned and controlled by disabled
veterans''.
SEC. 140. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
(a) Findings.--Congress finds the following:
(1) While significant progress has occurred due to the
establishment of the airport disadvantaged business enterprise
program (49 U.S.C. 47107(e) and 47113), discrimination and related
barriers continue to pose significant obstacles for minority- and
women-owned businesses seeking to do business in airport-related
markets across the Nation. These continuing barriers merit the
continuation of the airport disadvantaged business enterprise
program.
(2) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private agencies,
news stories, reports of discrimination by organizations and
individuals, and discrimination lawsuits. This testimony and
documentation shows that race- and gender-neutral efforts alone are
insufficient to address the problem.
(3) This testimony and documentation demonstrates that
discrimination across the Nation poses a barrier to full and fair
participation in airport-related businesses of women business
owners and minority business owners in the racial groups detailed
in parts 23 and 26 of title 49, Code of Federal Regulations, and
has impacted firm development and many aspects of airport-related
business in the public and private markets.
(4) This testimony and documentation provides a strong basis
that there is a compelling need for the continuation of the airport
disadvantaged business enterprise program and the airport
concessions disadvantaged business enterprise program to address
race and gender discrimination in airport-related business.
(b) Standardizing Certification of Disadvantaged Business
Enterprises.--Section 47113 is amended by adding at the end the
following:
``(e) Mandatory Training Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall establish a
mandatory training program for persons described in paragraph (3)
to provide streamlined training 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) of
this section or section 47107(e)(1), as the case may be; 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).''.
(c) Inspector General Report on Participation in FAA Programs by
Disadvantaged Small Business Concerns.--
(1) In general.--For each of fiscal years 2013 through 2015,
the Inspector General of the Department of Transportation shall
submit to Congress a report on the number of new small business
concerns owned and controlled by socially and economically
disadvantaged individuals, including those owned by veterans, that
participated in the programs and activities funded using the
amounts made available under this Act.
(2) New small business concerns.--For purposes of subsection
(a), a new small business concern is a small business concern that
did not participate in the programs and activities described in
subsection (a) in a previous fiscal year.
(3) Contents.--The report shall include--
(A) a list of the top 25 and bottom 25 large and medium hub
airports in terms of providing opportunities for small business
concerns owned and controlled by socially and economically
disadvantaged individuals to participate in the programs and
activities funded using the amounts made available under this
Act;
(B) the results of an assessment, to be conducted by the
Inspector General, on the reasons why the top airports have
been successful in providing such opportunities; and
(C) recommendations to the Administrator of the Federal
Aviation Administration and Congress on methods for other
airports to achieve results similar to those of the top
airports.
SEC. 141. SPECIAL APPORTIONMENT RULES.
(a) Eligibility To Receive Primary Airport Minimum Apportionment
Amount.--Section 47114(d) is amended by adding at the end the
following:
``(7) Eligibility to receive primary airport minimum
apportionment amount.--Notwithstanding any other provision of this
subsection, the Secretary may apportion to an airport sponsor in a
fiscal year an amount equal to the minimum apportionment available
under subsection (c)(1)(B) if the Secretary finds that the
airport--
``(A) received scheduled or unscheduled air service from a
large certificated air carrier (as defined in part 241 of title
14, Code of Federal Regulations, or such other regulations as
may be issued by the Secretary under the authority of section
41709) in the calendar year used to calculate the
apportionment; and
``(B) had more than 10,000 passenger boardings in the
calendar year used to calculate the apportionment.''.
(b) Special Rule for Fiscal Years 2012 and 2013.--Section
47114(c)(1) is amended--
(1) by striking subparagraphs (F) and (G); and
(2) by inserting after subparagraph (E) the following:
``(F) Special rule for fiscal years 2012 and 2013.--
Notwithstanding subparagraph (A), for an airport that had more
than 10,000 passenger boardings and scheduled passenger
aircraft service in calendar year 2007, but in either calendar
year 2009 or 2010, or in both years, the number of passenger
boardings decreased to a level below 10,000 boardings per year
at such airport, the Secretary may apportion in each of fiscal
years 2012 and 2013 to the sponsor of such airport an amount
equal to the amount apportioned to that sponsor in fiscal year
2009.''.
SEC. 142. UNITED STATES TERRITORIES MINIMUM GUARANTEE.
Section 47114 is amended by adding at the end the following:
``(g) Supplemental Apportionment for Puerto Rico and United States
Territories.--The Secretary shall apportion amounts for airports in
Puerto Rico and all other United States territories in accordance with
this section. This subsection does not prohibit the Secretary from
making project grants for airports in Puerto Rico or other United
States territories from the discretionary fund under section 47115.''.
SEC. 143. REDUCING APPORTIONMENTS.
Section 47114(f)(1) is amended by striking subparagraphs (A) and
(B) and inserting the following:
``(A) in the case of a charge of $3.00 or less--
``(i) except as provided in clause (ii), 50 percent of
the projected revenues from the charge in the fiscal year
but not by more than 50 percent of the amount that
otherwise would be apportioned under this section; or
``(ii) with respect to an airport in Hawaii, 50 percent
of the projected revenues from the charge in the fiscal
year but not by more than 50 percent of the excess of--
``(I) the amount that otherwise would be
apportioned under this section; over
``(II) the amount equal to the amount specified in
subclause (I) multiplied by the percentage of the total
passenger boardings at the applicable airport that are
comprised of interisland passengers; and
``(B) in the case of a charge of more than $3.00--
``(i) except as provided in clause (ii), 75 percent of
the projected revenues from the charge in the fiscal year
but not by more than 75 percent of the amount that
otherwise would be apportioned under this section; or
``(ii) with respect to an airport in Hawaii, 75 percent
of the projected revenues from the charge in the fiscal
year but not by more than 75 percent of the excess of--
``(I) the amount that otherwise would be
apportioned under this section; over
``(II) the amount equal to the amount specified in
subclause (I) multiplied by the percentage of the total
passenger boardings at the applicable airport that are
comprised of interisland passengers.''.
SEC. 144. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115(j) is amended by striking ``For fiscal years'' and
all that follows before ``the sponsors'' and inserting ``For fiscal
years 2012 through 2015,''.
SEC. 145. USE OF APPORTIONED AMOUNTS.
Section 47117(e)(1)(A) is amended--
(1) by striking ``35 percent'' in the first sentence and
inserting ``35 percent, but not more than $300,000,000,'';
(2) by striking ``and'' after ``47141,'';
(3) by striking ``et seq.).'' and inserting ``et seq.), and for
water quality mitigation projects to comply with the Act of June
30, 1948 (33 U.S.C. 1251 et seq.), approved in an environmental
record of decision for an airport development project under this
title.''; and
(4) by striking ``such 35 percent requirement is'' in the
second sentence and inserting ``the requirements of the preceding
sentence are''.
SEC. 146. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) Considerations.--Section 47118(c) is amended--
(1) in paragraph (1) by striking ``or'' after the semicolon;
(2) in paragraph (2) by striking ``delays.'' and inserting
``delays; or''; and
(3) by adding at the end the following:
``(3) preserve or enhance minimum airfield infrastructure
facilities at former military airports to support emergency
diversionary operations for transoceanic flights in locations--
``(A) within United States jurisdiction or control; and
``(B) where there is a demonstrable lack of diversionary
airports within the distance or flight-time required by
regulations governing transoceanic flights.''.
(b) Designation of General Aviation Airports.--Section 47118(g) is
amended--
(1) in the subsection heading by striking ``Airport'' and
inserting ``Airports''; and
(2) by striking ``one of the airports bearing a designation
under subsection (a) may be a general aviation airport that was a
former military installation'' and inserting ``3 of the airports
bearing designations under subsection (a) may be general aviation
airports that were former military installations''.
(c) Safety-Critical Airports.--Section 47118 is amended by adding
at the end the following:
``(h) Safety-Critical Airports.--Notwithstanding any other
provision of this chapter, a grant under section 47117(e)(1)(B) may be
made for a federally owned airport designated under subsection (a) if
the grant is for a project that is--
``(1) to preserve or enhance minimum airfield infrastructure
facilities described in subsection (c)(3); and
``(2) necessary to meet the minimum safety and emergency
operational requirements established under part 139 of title 14,
Code of Federal Regulations.''.
SEC. 147. CONTRACT TOWER PROGRAM.
(a) Cost-Benefit Requirement.--Section 47124(b) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) The Secretary'' and inserting the
following:
``(1) Contract tower program.--
``(A) Continuation.--The Secretary''; and
(B) by adding at the end 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
(2) in paragraph (2) by striking ``(2) The Secretary'' and
inserting the following:
``(2) General authority.--The Secretary''.
(b) Funding; Use of Excess Funds.--Section 47124(b)(3) is amended
by striking subparagraph (E) and inserting the following:
``(E) Funding.--Of the amounts appropriated pursuant to
section 106(k)(1), not more than $10,350,000 for each of fiscal
years 2012 through 2015 may be used to carry out this
paragraph.
``(F) Use of excess funds.--If the Secretary finds that all
or part of an amount made available 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 continued under paragraph (1).''.
(c) Federal Share.--Section 47124(b)(4)(C) is amended by striking
``$1,500,000'' and inserting ``$2,000,000''.
(d) 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 regular safety assessments of air
traffic control towers that receive funding under this section.''.
SEC. 148. RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES.
(a) In General.--Section 47129 is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 47129. Resolution of disputes concerning airport fees'';
(2) by inserting ``and Foreign Air Carrier'' after ``Carrier''
in the heading for subsection (d);
(3) by inserting ``and foreign air carrier'' after ``carrier''
in the heading for subsection (d)(2);
(4) by striking ``air carrier'' each place it appears and
inserting ``air carrier or foreign air carrier'';
(5) by striking ``air carrier's'' each place it appears and
inserting ``air carrier's or foreign air carrier's'';
(6) by striking ``air carriers'' and inserting ``air carriers
or foreign air carriers''; and
(7) by striking ``(as defined in section 40102 of this title)''
in subsection (a) and inserting ``(as those terms are defined in
section 40102)''.
(b) Conforming Amendment.--The analysis for chapter 471 is amended
by striking the item relating to section 47129 and inserting the
following:
``47129. Resolution of disputes concerning airport fees.''.
SEC. 149. SALE OF PRIVATE AIRPORTS TO PUBLIC SPONSORS.
(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 subchapter 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.
SEC. 150. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN WASHINGTON
AIRPORTS AUTHORITY.
Section 49108, and the item relating to section 49108 in the
analysis for chapter 491, are repealed.
SEC. 151. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking ``for
fiscal years'' and all that follows before ``from amounts'' and
inserting ``for fiscal years 2012 through 2015''.
SEC. 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) 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;
(2) by inserting before subsection (b) (as so redesignated) the
following:
``(a) Terminal Development Projects.--
``(1) In general.--The Secretary of Transportation 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 subsection (b)(4)(B) (as redesignated by paragraph (1)
of this subsection) by striking ``Secretary of Transportation'' and
inserting ``Secretary'';
(4) in subsections (b)(3) and (b)(4)(A) (as redesignated by
paragraph (1) of this subsection) by striking ``section 47110(d)''
and inserting ``subsection (a)'';
(5) in subsection (b)(5) (as redesignated by paragraph (1) of
this subsection) by striking ``subsection (b)(1) and (2)'' and
inserting ``subsections (c)(1) and (c)(2)'';
(6) in subsections (c)(1), (c)(2)(A), (c)(3), and (c)(4) (as
redesignated by paragraph (1) of this subsection) by striking
``section 47110(d) of this title'' and inserting ``subsection
(a)'';
(7) in subsections (c)(2)(B) and (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).''.
(c) 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''.
(d) 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),''.
(e) Conforming Amendments.--
(1) Section 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)''.
(f) 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))''.
(g) Definitions.--
(1) Congested airport.--Section 47175(2) is amended by striking
``2001'' and inserting ``2004 or any successor report''.
(2) Joint use airport.--Section 47175 is amended by adding at
the end the following:
``(7) Joint use airport.--The term `joint use airport' means an
airport owned by the Department of Defense, at which both military
and civilian aircraft make shared use of the airfield.''.
SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE
PLANNING AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.
Section 47141(f) is amended to read as follows:
``(f) Sunset.--This section shall not be in effect after September
30, 2015.''.
SEC. 154. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD WEATHER
STATES.
The Administrator of the Federal Aviation Administration, to the
extent practicable, shall schedule the Administrator's review of
construction projects so that projects to be carried out in States in
which the weather during a typical calendar year prevents major
construction projects from being carried out before May 1 are reviewed
as early as possible.
SEC. 155. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall begin a study to
evaluate the formulation of the national plan of integrated airport
systems (in this section referred to as the ``plan'') under section
47103 of title 49, United States Code.
(b) Contents of Study.--The study shall include a review of the
following:
(1) The criteria used for including airports in the plan and
the application of such criteria in the most recently published
version of the plan.
(2) The changes in airport capital needs as shown in the 2005-
2009 and 2007-2011 plans, compared with the amounts apportioned or
otherwise made available to individual airports between 2005 and
2010.
(3) A comparison of the amounts received by airports under the
airport improvement program in airport apportionments, State
apportionments, and discretionary grants during such fiscal years
with capital needs as reported in the plan.
(4) The effect of transfers of airport apportionments under
title 49, United States Code.
(5) An analysis on the feasibility and advisability of
apportioning amounts under section 47114(c)(1) of title 49, United
States Code, to the sponsor of each primary airport for each fiscal
year an amount that bears the same ratio to the amount subject to
the apportionment for fiscal year 2009 as the number of passenger
boardings at the airport during the prior calendar year bears to
the aggregate of all passenger boardings at all primary airports
during that calendar year.
(6) A documentation and review of the methods used by airports
to reach the 10,000 passenger enplanement threshold, including
whether such airports subsidize commercial flights to reach such
threshold, at every airport in the United States that reported
between 10,000 and 15,000 passenger enplanements during each of the
2 most recent calendar years for which such data is available.
(7) Any other matters pertaining to the plan that the Secretary
determines appropriate.
(c) Report to Congress.--
(1) Submission.--Not later than 36 months after the date that
the Secretary begins the study under 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 on the results
of the study.
(2) Contents.--The report shall include--
(A) the findings of the Secretary on each of the issues
described in subsection (b);
(B) recommendations for any changes to policies and
procedures for formulating the plan; and
(C) recommendations for any changes to the methods of
determining the amounts to be apportioned or otherwise made
available to individual airports.
SEC. 156. AIRPORT PRIVATIZATION PROGRAM.
Section 47134(b) is amended in the matter preceding paragraph (1)
by striking ``5 airports'' and inserting ``10 airports''.
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) Nextgen.--The term ``NextGen'' means the Next Generation
Air Transportation System.
(2) ADS-B.--The term ``ADS-B'' means automatic dependent
surveillance-broadcast.
(3) ADS-B Out.--The term ``ADS-B Out'' means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft.
(4) ADS-B In.--The term ``ADS-B In'' means automatic dependent
surveillance-broadcast with the ability to transmit information
from the aircraft to ground stations and to other equipped aircraft
as well as the ability of the aircraft to receive information from
other transmitting aircraft and the ground infrastructure.
(5) RNAV.--The term ``RNAV'' means area navigation.
(6) RNP.--The term ``RNP'' means required navigation
performance.
SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS.
In allocating amounts appropriated pursuant to section 48101(a) of
title 49, United States Code, the Secretary of Transportation shall
give priority to the following NextGen activities:
(1) Next Generation Transportation System--Demonstrations and
Infrastructure Development.
(2) Next Generation Transportation System--Trajectory Based
Operations.
(3) Next Generation Transportation System--Reduce Weather
Impact.
(4) Next Generation Transportation System--Arrivals/Departures
at High Density Airports.
(5) Next Generation Transportation System--Collaborative ATM.
(6) Next Generation Transportation System--Flexible Terminals
and Airports.
(7) Next Generation Transportation System--Safety, Security,
and Environment.
(8) Next Generation Transportation System--Systems Network
Facilities.
(9) Center for Advanced Aviation System Development.
(10) Next Generation Transportation System--System Development.
(11) Data Communications in support of Next Generation Air
Transportation System.
(12) ADS-B NAS-Wide Implementation.
(13) System-Wide Information Management.
(14) Next Generation Transportation System--Facility
Consolidation and Realignment.
(15) En Route Modernization--D-Position Upgrade and System
Enhancements.
(16) National Airspace System Voice System.
(17) Next Generation Network Enabled Weather.
(18) NextGen Performance Based Navigation Metroplex Area
Navigation/Required Navigation Performance.
SEC. 203. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE
AGREEMENTS.
Section 106(m) is amended in the last sentence by inserting ``with
or'' before ``without reimbursement''.
SEC. 204. CHIEF NEXTGEN OFFICER.
Section 106 is amended by adding at the end the following:
``(s) Chief NextGen Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief NextGen Officer
appointed by the Administrator, with the approval of the
Secretary. The Chief NextGen Officer shall report directly to
the Administrator and shall be subject to the authority of the
Administrator.
``(B) Qualifications.--The Chief NextGen Officer shall have
a demonstrated ability in management and knowledge of or
experience in aviation and systems engineering.
``(C) Term.--The Chief NextGen Officer shall be appointed
for a term of 5 years.
``(D) Removal.--The Chief NextGen Officer shall serve at
the pleasure of the Administrator, except that the
Administrator shall make every effort to ensure stability and
continuity in the leadership of the implementation of NextGen.
``(E) Vacancy.--Any individual appointed to fill a vacancy
in the position of Chief NextGen Officer occurring before the
expiration of the term for which the individual's predecessor
was appointed shall be appointed for the remainder of that
term.
``(2) Compensation.--
``(A) In general.--The Chief NextGen Officer shall be paid
at an annual rate of basic pay to be determined by the
Administrator. The annual rate may not exceed the annual
compensation paid under section 102 of title 3. The Chief
NextGen Officer shall be subject to the postemployment
provisions of section 207 of title 18 as if the position of
Chief NextGen Officer were described in section 207(c)(2)(A)(i)
of that title.
``(B) Bonus.--In addition to the annual rate of basic pay
authorized by subparagraph (A), the Chief NextGen Officer may
receive a bonus for any calendar year not to exceed 30 percent
of the annual rate of basic pay, based upon the Administrator's
evaluation of the Chief NextGen Officer's performance in
relation to the performance goals set forth in the performance
agreement described in paragraph (3).
``(3) Annual performance agreement.--The Administrator and the
Chief NextGen Officer, in consultation with the Federal Aviation
Management Advisory Council, shall enter into an annual performance
agreement that sets forth measurable organization and individual
goals for the Chief NextGen Officer in key operational areas. The
agreement shall be subject to review and renegotiation on an annual
basis.
``(4) Annual performance report.--The Chief NextGen Officer
shall prepare and transmit to the Secretary of Transportation, the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Science, Space, and Technology of
the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate an annual management
report containing such information as may be prescribed by the
Secretary.
``(5) Responsibilities.--The responsibilities of the Chief
NextGen Officer include the following:
``(A) Implementing NextGen activities and budgets across
all program offices of the Federal Aviation Administration.
``(B) Coordinating the implementation of NextGen activities
with the Office of Management and Budget.
``(C) Reviewing and providing advice on the
Administration's modernization programs, budget, and cost
accounting system with respect to NextGen.
``(D) With respect to the budget of the Administration--
``(i) developing a budget request of the Administration
related to the implementation of NextGen;
``(ii) submitting such budget request to the
Administrator; and
``(iii) ensuring that the budget request supports the
annual and long-range strategic plans of the Administration
with respect to NextGen.
``(E) Consulting with the Administrator on the Capital
Investment Plan of the Administration prior to its submission
to Congress.
``(F) Developing an annual NextGen implementation plan.
``(G) Ensuring that NextGen implementation activities are
planned in such a manner as to require that system architecture
is designed to allow for the incorporation of novel and
currently unknown technologies into NextGen in the future and
that current decisions do not bias future decisions unfairly in
favor of existing technology at the expense of innovation.
``(H) Coordinating with the NextGen Joint Planning and
Development Office with respect to facilitating cooperation
among all Federal agencies whose operations and interests are
affected by the implementation of NextGen.
``(6) Exception.--If the Administrator appoints as the Chief
NextGen Officer, pursuant to paragraph (1)(A), an Executive
Schedule employee covered by section 5315 of title 5, then
paragraphs (1)(B), (1)(C), (2), and (3) of this subsection shall
not apply to such employee.
``(7) Nextgen defined.--For purposes of this subsection, the
term `NextGen' means the Next Generation Air Transportation
System.''.
SEC. 205. 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
(3) by inserting after subparagraph (A) the following:
``(B) runway lighting and airport surface visual and other
navigation aids;
``(C) apparatus, equipment, software, or service for
distributing 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;'';
(4) 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
(5) by adding at the end the following:
``(F) buildings, equipment, and systems dedicated to the
national airspace system.''.
SEC. 206. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.
Section 40110(c) is amended--
(1) by inserting ``and'' after the semicolon in paragraph (3);
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 207. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.
Section 40113(e) is amended--
(1) in paragraph (1)--
(A) by inserting ``(whether public or private)'' after
``authorities''; and
(B) by striking ``safety.'' and inserting ``safety or
efficiency. The Administrator is authorized to participate in,
and submit offers in response to, competitions to provide these
services, and to contract with foreign aviation authorities to
provide these services consistent with section 106(l)(6).'';
(2) in paragraph (2) by adding at the end the following: ``The
Administrator is authorized, notwithstanding any other provision of
law or policy, to accept payments for services provided under this
subsection in arrears.''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Crediting appropriations.--Funds received by the
Administrator pursuant to this section shall--
``(A) be credited to the appropriation current when the
amount is received;
``(B) be merged with and available for the purposes of such
appropriation; and
``(C) remain available until expended.''.
SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING
AND DEVELOPMENT OFFICE.
(a) Redesignation of JPDO Director to Associate Administrator.--
(1) Associate administrator for next generation air
transportation system planning, development, and interagency
coordination.--Section 709(a) of the 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 head of the Office shall be the Associate Administrator
for Next Generation Air Transportation System Planning, Development,
and Interagency Coordination, who shall be appointed by the
Administrator of the Federal Aviation Administration, with the approval
of the Secretary. The Administrator shall appoint the Associate
Administrator after consulting with the Chairman of the Next Generation
Senior Policy Committee and providing advanced notice to the other
members of that Committee.''.
(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 planning
and development activities and measuring actual operational
experience against those goals, taking into account noise pollution
reduction concerns of affected communities to the 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 and in consultation
with the Chief NextGen Officer, the selection of products or
outcomes of research and development activities that should be
moved to a demonstration phase; and
``(M) maintaining a baseline modeling and simulation
environment for testing and evaluating alternative concepts to
satisfy Next Generation Air Transportation System 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--
``(i) ensure that 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);
``(ii) ensure that 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;
``(iii) 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
``(iv) 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).
``(D) 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 of the Office of Management and Budget, to the
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; 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 for Next Generation Air
Transportation System Planning, Development, and Interagency
Coordination 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) at the end of paragraph (3) by striking ``and'';
(3) at the end of paragraph (4) by striking the period 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 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) Contingency Planning.--The Associate Administrator for Next
Generation Air Transportation System Planning, Development, and
Interagency Coordination 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.
SEC. 209. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY
COMMITTEE.
(a) Meetings.--Section 710(a) of the 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 1 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 Congress 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.''.
SEC. 210. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.
Section 40110(a) is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) may construct and improve laboratories and other test
facilities; and
``(3) may dispose of any interest in property for adequate
compensation, and the amount so received shall--
``(A) be credited to the appropriation current when the
amount is received;
``(B) be merged with and available for the purposes of such
appropriation; and
``(C) remain available until expended.''.
SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.
(a) 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 contracts
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 the Administration manages
program risks;
(B) an assessment of expected benefits attributable to the
deployment of ADS-B services, including the Administration's
plans for implementation of advanced operational procedures and
air-to-air applications, as well as the extent to which ground
radar will be retained;
(C) an assessment of the Administration's analysis of
specific operational benefits, and benefit/costs analyses of
planned operational benefits conducted by the Administration,
for ADS-B In and ADS-B Out avionics equipage for airspace
users;
(D) 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;
(E) 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;
(F) an assessment of how security issues are being
addressed in the overall design and implementation of the ADS-B
system;
(G) identification of any potential operational or
workforce changes resulting from deployment of ADS-B; and
(H) 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 submit,
periodically (and on at least an annual basis), 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.
(b) Rulemaking.--
(1) ADS-B In.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall initiate a rulemaking proceeding to issue
guidelines and regulations relating to ADS-B In technology that--
(A) identify the ADS-B In technology that will be required
under NextGen;
(B) subject to paragraph (2), require all aircraft
operating in capacity constrained airspace, at capacity
constrained airports, or in any other airspace deemed
appropriate by the Administrator to be equipped with ADS-B In
technology by 2020; and
(C) identify--
(i) the type of avionics required of aircraft for all
classes of airspace;
(ii) the expected costs associated with the avionics;
and
(iii) the expected uses and benefits of the avionics.
(2) Readiness verification.--Before the Administrator completes
an ADS-B In equipage rulemaking proceeding or issues an interim or
final rule pursuant to paragraph (1), the Chief NextGen Officer
shall verify that--
(A) the necessary ground infrastructure is installed and
functioning properly;
(B) certification standards have been approved; and
(C) appropriate operational platforms interface safely and
efficiently.
(c) Use of ADS-B Technology.--
(1) Plans.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall develop, in
consultation with appropriate employee and industry groups, a plan
for the use of ADS-B technology for surveillance and active air
traffic control.
(2) Contents.--The plan shall--
(A) include provisions to test the use of ADS-B technology
for surveillance and active air traffic control in specific
regions of the United States with the most congested airspace;
(B) identify the equipment required at air traffic control
facilities and the training required for air traffic
controllers;
(C) identify procedures, to be developed in consultation
with appropriate employee and industry groups, to conduct air
traffic management in mixed equipage environments; and
(D) establish a policy in test regions referred to in
subparagraph (A), in consultation with appropriate employee and
industry groups, to provide incentives for equipage with ADS-B
technology, including giving priority to aircraft equipped with
such technology before the 2020 equipage deadline.
SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.
(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 NextGen.
(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) determine how risks with automation efforts for the NextGen
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 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the results of the review conducted pursuant to
subsection (a).
SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.
(a) Operational Evolution Partnership (OEP) Airport Procedures.--
(1) OEP airports report.--Not later than 6 months after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall publish a report, after consultation
with representatives of appropriate Administration employee groups,
airport operators, air carriers, general aviation representatives,
aircraft and avionics manufacturers, and third parties that have
received letters of qualification from the Administration to design
and validate required navigation performance flight paths for
public use (in this section referred to as ``qualified third
parties'') that includes the following:
(A) RNP/RNAV operations for oep airports.--The required
navigation performance and area navigation operations,
including the procedures to be developed, certified, and
published and the air traffic control operational changes, to
maximize the fuel efficiency and airspace capacity of NextGen
commercial operations at each of the 35 operational evolution
partnership airports identified by the Administration and any
medium or small hub airport located within the same metroplex
area considered appropriate by the Administrator. The
Administrator shall, to the maximum extent practicable, avoid
overlays of existing flight procedures, but if unavoidable, the
Administrator shall clearly identify each required navigation
performance and area navigation procedure that is an overlay of
an existing instrument flight procedure and the reason why such
an overlay was used.
(B) Coordination and implementation activities for oep
airports.--A description of the activities and operational
changes and approvals required to coordinate and utilize the
procedures at OEP airports.
(C) Implementation plan for oep airports.--A plan for
implementing the procedures for OEP airports under subparagraph
(A) that establishes--
(i) clearly defined budget, schedule, project
organization, and leadership requirements;
(ii) specific implementation and transition steps;
(iii) baseline and performance metrics for--
(I) measuring the Administration's progress in
implementing the plan, including the percentage
utilization of required navigation performance in the
national airspace system; and
(II) achieving measurable fuel burn and carbon
dioxide emissions reductions compared to current
performance;
(iv) expedited environmental review procedures and
processes for timely environmental approval of area
navigation and required navigation performance that offer
significant efficiency improvements as determined by
baseline and performance metrics under clause (iii);
(v) coordination and communication mechanisms with
qualified third parties, if applicable;
(vi) plans to address human factors, training, and
other issues for air traffic controllers surrounding the
adoption of RNP procedures in the en route and terminal
environments, including in a mixed operational environment;
and
(vii) a lifecycle management strategy for RNP
procedures to be developed by qualified third parties, if
applicable.
(D) Additional procedures for oep airports.--A process for
the identification, certification, and publication of
additional required navigation performance and area navigation
procedures that may provide operational benefits at OEP
airports, and any medium or small hub airport located within
the same metroplex area as the OEP airport, in the future.
(2) Implementation schedule for oep airports.--The
Administrator shall certify, publish, and implement--
(A) not later than 18 months after the date of enactment of
this Act, 30 percent of the required procedures at OEP
airports;
(B) not later than 36 months after the date of enactment of
this Act, 60 percent of the required procedures at OEP
airports; and
(C) before June 30, 2015, 100 percent of the required
procedures at OEP airports.
(b) Non-OEP Airports.--
(1) Non-OEP airports report.--Not later than 6 months after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall publish a report, after consultation
with representatives of appropriate Administration employee groups,
airport operators, air carriers, general aviation representatives,
aircraft and avionics manufacturers, and third parties that have
received letters of qualification from the Administration to design
and validate required navigation performance flight paths for
public use (in this section referred to as ``qualified third
parties'') that includes the following:
(A) RNP operations for non-oep airports.--A list of
required navigation performance procedures (as defined in FAA
order 8260.52(d)) to be developed, certified, and published,
and the air traffic control operational changes, to maximize
the fuel efficiency and airspace capacity of NextGen commercial
operations at 35 non-OEP small, medium, and large hub airports
other than those referred to in subsection (a)(1). The
Administrator shall choose such non-OEP airports considered
appropriate by the Administrator to produce maximum operational
benefits, including improved fuel efficiency and emissions
reductions that do not have public RNP procedures that produce
such benefits on the date of enactment of this Act. The
Administrator shall, to the maximum extent practicable, avoid
overlays of existing flight procedures, but if unavoidable, the
Administrator shall clearly identify each required navigation
performance procedure that is an overlay of an existing
instrument flight procedure and the reason why such an overlay
was used.
(B) Coordination and implementation activities for non-oep
airports.--A description of the activities and operational
changes and approvals required to coordinate and to utilize the
procedures required by subparagraph (A) at each of the airports
described in such subparagraph.
(C) Implementation plan for non-oep airports.--A plan for
implementation of the procedures required by subparagraph (A)
that establishes--
(i) clearly defined budget, schedule, project
organization, and leadership requirements;
(ii) specific implementation and transition steps;
(iii) coordination and communications mechanisms with
qualified third parties;
(iv) plans to address human factors, training, and
other issues for air traffic controllers surrounding the
adoption of RNP procedures in the en route and terminal
environments, including in a mixed operational environment;
(v) baseline and performance metrics for--
(I) measuring the Administration's progress in
implementing the plan, including the percentage
utilization of required navigation performance in the
national airspace system; and
(II) achieving measurable fuel burn and carbon
dioxide emissions reduction compared to current
performance;
(vi) expedited environmental review procedures and
processes for timely environmental approval of area
navigation and required navigation performance that offer
significant efficiency improvements as determined by
baseline and performance metrics established under clause
(v);
(vii) a description of the software and database
information, such as a current version of the Noise
Integrated Routing System or the Integrated Noise Model
that the Administration will need to make available to
qualified third parties to enable those third parties to
design procedures that will meet the broad range of
requirements of the Administration; and
(viii) lifecycle management strategy for RNP procedures
to be developed by qualified third parties, if applicable.
(D) Additional procedures for non-oep airports.--A process
for the identification, certification, and publication of
additional required navigation performance procedures that may
provide operational benefits at non-OEP airports in the future.
(2) Implementation schedule for non-oep airports.--The
Administrator shall certify, publish, and implement--
(A) not later than 18 months after the date of enactment of
this Act, 25 percent of the required procedures for non-OEP
airports;
(B) not later than 36 months after the date of enactment of
this Act, 50 percent of the required procedures for non-OEP
airports; and
(C) before June 30, 2016, 100 percent of the required
procedures for non-OEP airports.
(c) Coordinated and Expedited Review.--
(1) In general.--Navigation performance and area navigation
procedures developed, certified, published, or implemented under
this section shall be presumed to be covered by a categorical
exclusion (as defined in section 1508.4 of title 40, Code of
Federal Regulations) under chapter 3 of FAA Order 1050.1E unless
the Administrator determines that extraordinary circumstances exist
with respect to the procedure.
(2) Nextgen procedures.--Any navigation performance or other
performance based navigation procedure developed, certified,
published, or implemented that, in the determination of the
Administrator, would result in measurable reductions in fuel
consumption, carbon dioxide emissions, and noise, on a per flight
basis, as compared to aircraft operations that follow existing
instrument flight rules procedures in the same airspace, shall be
presumed to have no significant affect on the quality of the human
environment and the Administrator shall issue and file a
categorical exclusion for the new procedure.
(d) Deployment Plan for Nationwide Data Communications System.--Not
later than 1 year after the date of enactment of this Act, the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a plan for
implementation of a nationwide data communications system. The plan
shall include--
(1) clearly defined budget, schedule, project organization, and
leadership requirements;
(2) specific implementation and transition steps; and
(3) baseline and performance metrics for measuring the
Administration's progress in implementing the plan.
(e) Improved Performance Standards.--
(1) Assessment of work being performed under nextgen
implementation plan.--The Administrator shall clearly outline in
the NextGen Implementation Plan document of the Administration the
work being performed under the plan to determine--
(A) whether utilization of ADS-B, RNP, and other
technologies as part of NextGen implementation will display the
position of aircraft more accurately and frequently to enable a
more efficient use of existing airspace and result in reduced
consumption of aviation fuel and aircraft engine emissions; and
(B) the feasibility of reducing aircraft separation
standards in a safe manner as a result of the implementation of
such technologies.
(2) Aircraft separation standards.--If the Administrator
determines that the standards referred to in paragraph (1)(B) can
be reduced safely, the Administrator shall include in the NextGen
Implementation Plan a timetable for implementation of such reduced
standards.
(f) Third-Party Usage.--The Administration shall establish a
program under which the Administrator is authorized to use qualified
third parties in the development, testing, and maintenance of flight
procedures.
SEC. 214. PERFORMANCE METRICS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish and begin tracking national airspace
system performance metrics, including, at a minimum, metrics with
respect to--
(1) actual arrival and departure rates per hour measured
against the currently published aircraft arrival rate and aircraft
departure rate for the 35 operational evolution partnership
airports;
(2) average gate-to-gate times;
(3) fuel burned between key city pairs;
(4) operations using the advanced navigation procedures,
including performance based navigation procedures;
(5) the average distance flown between key city pairs;
(6) the time between pushing back from the gate and taking off;
(7) continuous climb or descent;
(8) average gate arrival delay for all arrivals;
(9) flown versus filed flight times for key city pairs;
(10) implementation of NextGen Implementation Plan, or any
successor document, capabilities designed to reduce emissions and
fuel consumption;
(11) the Administration's unit cost of providing air traffic
control services; and
(12) runway safety, including runway incursions, operational
errors, and loss of standard separation events.
(b) Baselines.--The Administrator, in consultation with aviation
industry stakeholders, shall identify baselines for each of the metrics
established under subsection (a) and appropriate methods to measure
deviations from the baselines.
(c) Publication.--The Administrator shall make data obtained under
subsection (a) available to the public in a searchable, sortable, and
downloadable format through the Web site of the Administration and
other appropriate media.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that contains--
(1) a description of the metrics that will be used to measure
the Administration's progress in implementing NextGen capabilities
and operational results;
(2) information on any additional metrics developed; and
(3) a process for holding the Administration accountable for
meeting or exceeding the metrics baselines identified in subsection
(b).
SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.
(a) Process for Certification.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop a plan to accelerate and
streamline the process for certification of NextGen technologies,
including--
(1) establishment of updated project plans and timelines;
(2) identification of the specific activities needed to certify
NextGen technologies, including the establishment of NextGen
technical requirements for the manufacture of equipage,
installation of equipage, airline operational procedures, pilot
training standards, air traffic control procedures, and air traffic
controller training;
(3) identification of staffing requirements for the Air
Certification Service and the Flight Standards Service, taking into
consideration the leveraging of assistance from third parties and
designees;
(4) establishment of a program under which the Administration
will use third parties in the certification process; and
(5) establishment of performance metrics to measure the
Administration's progress.
(b) Certification Integrity.--The Administrator shall ensure that
equipment, systems, or services used in the national airspace system
meet appropriate certification requirements regardless of whether the
equipment, system, or service is publically or privately owned.
SEC. 216. SURFACE SYSTEMS ACCELERATION.
(a) In General.--The Chief Operating Officer of the Air Traffic
Organization shall--
(1) evaluate the Airport Surface Detection Equipment-Model X
program for its potential contribution to implementation of the
NextGen initiative;
(2) evaluate airport surveillance technologies and associated
collaborative surface management software for potential
contributions to implementation of NextGen surface management;
(3) accelerate implementation of the program referred to in
paragraph (1); and
(4) carry out such additional duties as the Administrator of
the Federal Aviation Administration may require.
(b) Expedited Certification and Utilization.--The Administrator
shall--
(1) consider options for expediting the certification of
Ground-Based Augmentation System technology; and
(2) develop a plan to utilize such a system at the 35
operational evolution partnership airports by December 31, 2012.
SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL
MODERNIZATION PROJECTS.
(a) Process for Employee Inclusion.--Notwithstanding any other law
or agreement, the Administrator of the Federal Aviation Administration
shall establish a process or processes for including qualified
employees selected by each exclusive collective bargaining
representative of employees of the Administration impacted by the air
traffic control modernization process to serve in a collaborative and
expert capacity in the planning and development of air traffic control
modernization projects, including NextGen.
(b) Adherence to Deadlines.--Participants in these processes shall
adhere, to the greatest extent possible, to all deadlines and
milestones established pursuant to this title.
(c) No Change in Employee Status.--Participation in these processes
by an employee shall not--
(1) serve as a waiver of any bargaining obligations or rights;
(2) entitle the employee to any additional compensation or
benefits with the exception of a per diem, if appropriate; or
(3) entitle the employee to prevent or unduly delay the
exercise of management prerogatives.
(d) Working Groups.--Except in extraordinary circumstances, the
Administrator shall not pay overtime related to work group
participation.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the implementation of this section.
SEC. 218. 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 NextGen Implementation Plan.
(3) Funding cuts have led to delays and deferrals of critical
capacity enhancing airspace redesign efforts.
(4) New runways planned for the period of fiscal years 2011 and
2012 will not provide estimated capacity benefits without
additional funds.
(b) Noise Impacts of New York/New Jersey/Philadelphia Metropolitan
Area Airspace Redesign.--
(1) Monitoring.--The Administrator of the Federal Aviation
Administration, in conjunction with the Port Authority of New York
and New Jersey and the Philadelphia International Airport, shall
monitor the noise impacts of the New York/New Jersey/Philadelphia
Metropolitan Area Airspace Redesign.
(2) Report.--Not later than 1 year following the first day of
completion of the New York/New Jersey/Philadelphia Metropolitan
Area Airspace Redesign, the Administrator shall submit to Congress
a report on the findings of the Administrator with respect to
monitoring conducted under paragraph (1).
SEC. 219. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET
WEB-BASED RESOURCE ON LOCATIONS OF POTENTIAL AVIATION
OBSTRUCTIONS.
(a) Study.--The Administrator of the Federal Aviation
Administration shall carry out a study on the feasibility of developing
a publicly searchable, Internet Web-based resource that provides
information regarding the height and latitudinal and longitudinal
locations of guy-wire and free-standing tower obstructions.
(b) Considerations.--In conducting the study, the Administrator
shall consult with affected industries and appropriate Federal
agencies.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit a report to the appropriate
committees of Congress on the results of the study.
SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
(a) In General.--The Administrator of the Federal Aviation
Administration may enter into an agreement, on a competitive basis, to
assist in the establishment of a center of excellence for the research
and development of NextGen technologies.
(b) Functions.--The Administrator shall ensure that the center
established under subsection (a)--
(1) leverages resources and partnerships, including appropriate
programs of the Administration, to enhance the research and
development of NextGen technologies by academia and industry; and
(2) provides educational, technical, and analytical assistance
to the Administration and other Federal departments and agencies
with responsibilities to research and develop NextGen technologies.
SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS.
(a) In General.--The Secretary may establish an avionics equipage
incentive program for the purpose of equipping general aviation and
commercial aircraft with communications, surveillance, navigation, and
other avionics equipment as determined by the Secretary to be in the
interest of achieving NextGen capabilities for such aircraft.
(b) NextGen Public-Private Partnerships.--The incentive program
established under subsection (a) shall, at a minimum--
(1) be based on public-private partnership principles; and
(2) leverage and maximize the use of private sector capital.
(c) Financial Instruments.--Subject to the availability of
appropriated funds, the Secretary may use financial instruments to
facilitate public-private financing for the equipage of general
aviation and commercial aircraft registered under section 44103 of
title 49, United States Code. To the extent appropriations are not made
available, the Secretary may establish the program, provided the costs
are covered by the fees and premiums authorized by subsection (d)(2).
For purposes of this section, the term ``financial instruments'' means
loan guarantees and other credit assistance designed to leverage and
maximize private sector capital.
(d) Protection of the Taxpayer.--
(1) Limitation on principal.--The amount of any guarantee under
this program shall be limited to 90 percent of the principal amount
of the underlying loan.
(2) Collateral, fees, and premiums.--The Secretary shall
require applicants for the incentive program to post collateral and
pay such fees and premiums if feasible, as determined by the
Secretary, to offset costs to the Government of potential defaults,
and agree to performance measures that the Secretary considers
necessary and in the best interest of implementing the NextGen
program.
(3) Use of funds.--Applications for this program shall be
limited to equipment that is installed on general aviation or
commercial aircraft and is necessary for communications,
surveillance, navigation, or other purposes determined by the
Secretary to be in the interests of achieving NextGen capabilities
for commercial and general aviation.
(e) Termination of Authority.--The authority of the Secretary to
issue such financial instruments under this section shall terminate 5
years after the date of the establishment of the incentive program.
SEC. 222. OPERATIONAL INCENTIVES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall issue a report that--
(1) identifies incentive options to encourage the equipage of
aircraft with NextGen technologies, including a policy that gives
priority to aircraft equipped with ADS-B technology;
(2) identifies the costs and benefits of each option; and
(3) includes input from industry stakeholders, including
passenger and cargo air carriers, aerospace manufacturers, and
general aviation aircraft operators.
(b) Deadline.--The Administrator shall issue the report before the
earlier of--
(1) the date that is 6 months after the date of enactment of
this Act; or
(2) the date on which aircraft are required to be equipped with
ADS-B technology pursuant to the rulemaking under section 211(b).
SEC. 223. EDUCATIONAL REQUIREMENTS.
The Administrator of the Federal Aviation Administration shall make
payments to the Department of Defense for the education of dependent
children of those Administration employees in Puerto Rico and Guam as
they are subject to transfer by policy and practice and meet the
eligibility requirements of section 2164(c) of title 10, United States
Code.
SEC. 224. AIR TRAFFIC CONTROLLER STAFFING INITIATIVES AND ANALYSIS.
As soon as practicable, and not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall--
(1) ensure, to the extent practicable, a sufficient number of
contract instructors, classroom space (including off-site locations
as needed), and simulators to allow for an increase in the number
of air traffic controllers at air traffic control facilities;
(2) distribute, to the extent practicable, the placement of
certified professional air traffic controllers-in-training and
developmental air traffic controllers at facilities evenly across
the calendar year in order to avoid training bottlenecks;
(3) initiate an analysis, to be conducted in consultation with
the exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code, of
scheduling processes and practices, including overtime scheduling
practices at those facilities;
(4) provide, to the extent practicable and where appropriate,
priority to certified professional air traffic controllers-in-
training when filling staffing vacancies at facilities;
(5) assess training programs at air traffic control facilities
with below-average success rates to determine if training is being
carried out in accordance with Administration standards, and
conduct exit interview analyses with all candidates to determine
potential weaknesses in training protocols, or in the execution of
such training protocols; and
(6) prioritize, to the extent practicable, such efforts to
address the recommendations for the facilities identified in the
Department of Transportation's Office of the Inspector General
Report Number: AV-2009-047.
SEC. 225. REPORTS ON STATUS OF GREENER SKIES PROJECT.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall submit to Congress a report on the strategy of the
Administrator for implementing, on an accelerated basis, the NextGen
operational capabilities produced by the Greener Skies project, as
recommended in the final report of the RTCA NextGen Mid-Term
Implementation Task Force that was issued on September 9, 2009.
(b) Subsequent Reports.--
(1) In general.--Not later than 180 days after the
Administrator submits to Congress the report required by subsection
(a) and annually thereafter until the pilot program terminates, the
Administrator shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and to the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the progress of the Administrator in carrying out the
strategy described in the report submitted under subsection (a).
(2) Contents.--Each report submitted under paragraph (1) shall
include the following:
(A) A timeline for full implementation of the strategy
described in the report submitted under subsection (a).
(B) A description of the progress made in carrying out such
strategy.
(C) A description of the challenges, if any, encountered by
the Administrator in carrying out such strategy.
TITLE III--SAFETY
Subtitle A--General Provisions
SEC. 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) 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''.
SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES
AND SUPPLEMENTAL TYPE CERTIFICATES.
Section 44704(a) is amended by adding at the end the following:
``(5) Release of data.--
``(A) In general.--Notwithstanding any other provision of
law, the Administrator may make available upon request, to a
person seeking to maintain the airworthiness or develop product
improvements 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, except that the
Administrator may reduce this time if required to address
an unsafe condition associated with the product;
``(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 type
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.
``(C) Requirement to maintain data.--The Administrator
shall maintain engineering data in the possession of the
Administration relating to a type certificate or a supplemental
type certificate that has been inactive for 3 or more years.''.
SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.
(a) In General.--Section 44704(e) is amended to read as follows:
``(e) Design and Production Organization Certificates.--
``(1) Issuance.--Beginning January 1, 2013, the Administrator
may issue a certificate to a design organization, production
organization, or design and production organization to authorize
the organization to certify compliance of aircraft, aircraft
engines, propellers, and appliances with the requirements and
minimum standards prescribed under section 44701(a). An
organization holding a certificate issued under this subsection
shall be known as a certified design and production organization
(in this subsection referred to as a `CDPO').
``(2) Applications.--On receiving an application for a CDPO
certificate, the Administrator shall examine and rate the
organization submitting the application, in accordance with
regulations to be prescribed by the Administrator, to determine
whether the organization has adequate engineering, design, and
production capabilities, standards, and safeguards to make
certifications of compliance as described in paragraph (1).
``(3) Issuance of certificates based on cdpo findings.--The
Administrator may rely on certifications of compliance by a CDPO
when making determinations under this section.
``(4) Public safety.--The Administrator shall include in a CDPO
certificate terms required in the interest of safety.
``(5) No effect on power of revocation.--Nothing in this
subsection affects the authority of the Secretary of Transportation
to revoke a certificate.''.
(b) Applicability.--Before January 1, 2013, the Administrator of
the Federal Aviation Administration may continue to issue certificates
under section 44704(e) of title 49, United States Code, as in effect on
the day before the date of enactment of this Act.
(c) Clerical Amendments.--Chapter 447 is amended--
(1) in the heading for section 44704 by striking ``and design
organization certificates'' and inserting ``, and design and
production organization certificates''; and
(2) in the analysis for such chapter by striking the item
relating to section 44704 and inserting the following:
``44704. Type certificates, production certificates, airworthiness
certificates, and design and production organization
certificates.''.
SEC. 304. CABIN CREW COMMUNICATION.
(a) In General.--Section 44728 is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Minimum Language Skills.--
``(1) In general.--No person may serve as a flight attendant
aboard an aircraft of an air carrier, unless that person has
demonstrated to an individual qualified to determine proficiency
the ability to read, speak, and write English well enough to--
``(A) read material written in English and comprehend the
information;
``(B) speak and understand English sufficiently to provide
direction to, and understand and answer questions from,
English-speaking individuals;
``(C) write incident reports and statements and log entries
and statements; and
``(D) carry out written and oral instructions regarding the
proper performance of their duties.
``(2) Foreign flights.--The requirements of paragraph (1) do
not apply to a flight attendant serving solely between points
outside the United States.''.
(b) Facilitation.--The Administrator of the Federal Aviation
Administration shall work with air carriers to facilitate compliance
with the requirements of section 44728(f) of title 49, United States
Code (as amended by this section).
SEC. 305. LINE CHECK EVALUATIONS.
Section 44729(h) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 306. SAFETY OF AIR AMBULANCE OPERATIONS.
(a) In General.--Chapter 447 is amended by adding at the end the
following:
``Sec. 44730. Helicopter air ambulance operations
``(a) Compliance Regulations.--
``(1) In general.--Except as provided in paragraph (2), not
later than 180 days after the date of enactment of this section, a
part 135 certificate holder providing air ambulance services shall
comply, whenever medical personnel are onboard the aircraft, with
regulations pertaining to weather minimums and flight and duty time
under part 135.
``(2) Exception.--If a certificate holder described in
paragraph (1) is operating, or carrying out training, under
instrument flight rules, the weather reporting requirement at the
destination shall not apply if authorized by the Administrator of
the Federal Aviation Administration.
``(b) Final Rule.--Not later than June 1, 2012, the Administrator
shall issue a final rule, with respect to the notice of proposed
rulemaking published in the Federal Register on October 12, 2010 (75
Fed. Reg. 62640), to improve the safety of flight crewmembers, medical
personnel, and passengers onboard helicopters providing air ambulance
services under part 135.
``(c) Matters To Be Addressed.--In conducting the rulemaking
proceeding under subsection (b), the Administrator shall address the
following:
``(1) Flight request and dispatch procedures, including
performance-based flight dispatch procedures.
``(2) Pilot training standards, including establishment of
training standards in--
``(A) preventing controlled flight into terrain; and
``(B) recovery from inadvertent flight into instrument
meteorological conditions.
``(3) Safety-enhancing technology and equipment, including--
``(A) helicopter terrain awareness and warning systems;
``(B) radar altimeters; and
``(C) devices that perform the function of flight data
recorders and cockpit voice recorders, to the extent feasible.
``(4) Such other matters as the Administrator considers
appropriate.
``(d) Minimum Requirements.--In issuing a final rule under
subsection (b), 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.
``(e) Subsequent Rulemaking.--
``(1) In general.--Upon completion of the rulemaking required
under subsection (b), the Administrator shall conduct a follow-on
rulemaking to address the following:
``(A) Pilot training standards, including--
``(i) mandatory training requirements, including a
minimum time for completing the training requirements;
``(ii) training subject areas, such as communications
procedures and appropriate technology use; and
``(iii) establishment of training standards in--
``(I) crew resource management;
``(II) flight risk evaluation;
``(III) operational control of the pilot in
command; and
``(IV) use of flight simulation training devices
and line-oriented flight training.
``(B) Use of 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.
``(2) Deadlines.--Not later than 180 days after the date of
issuance of a final rule under subsection (b), the Administrator
shall initiate the rulemaking under this subsection.
``(3) Limitation on construction.--Nothing in this subsection
shall be construed to require the Administrator to propose or
finalize any rule that would derogate or supersede the rule
required to be finalized under subsection (b).
``(f) Definitions.--In this section, the following definitions
apply:
``(1) Part 135.--The term `part 135' means part 135 of title
14, Code of Federal Regulations.
``(2) Part 135 certificate holder.--The term `part 135
certificate holder' means a person holding an operating certificate
issued under part 119 of title 14, Code of Federal Regulations,
that is authorized to conduct civil helicopter air ambulance
operations under part 135.
``Sec. 44731. 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 1 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
air ambulance services that were accepted or declined by the
certificate holder and the type of each such flight request (such
as scene response, interfacility transport, organ transport, or
ferry or repositioning flight).
``(4) The number of accidents, if any, involving helicopters
operated by the certificate holder while providing 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 air ambulance services.
``(6) The time of day of each flight flown by helicopters
operated by the certificate holder while providing air ambulance
services.
``(7) The number of incidents, if any, in which a helicopter
was not directly dispatched and arrived to transport patients but
was not utilized for patient transport.
``(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 180 days 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 2 years 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) Definitions.--In this section, the terms `part 135' and `part
135 certificate holder' have the meanings given such terms in section
44730.''.
(b) Authorized Expenditures.--Section 106(k)(2)(C) (as redesignated
by this Act) is amended by inserting before the period the following:
``and the development and maintenance of helicopter approach
procedures''.
(c) Clerical Amendment.--The analysis for chapter 447 is amended by
adding at the end the following:
``44730. Helicopter air ambulance operations.
``44731. Collection of data on helicopter air ambulance operations.''.
SEC. 307. PROHIBITION ON PERSONAL USE OF ELECTRONIC DEVICES ON
FLIGHT DECK.
(a) In General.--Chapter 447 (as amended by this Act) is further
amended by adding at the end the following:
``Sec. 44732. Prohibition on personal use of electronic devices on
flight deck
``(a) In General.--It is unlawful for a flight crewmember of an
aircraft used to provide air transportation under part 121 of title 14,
Code of Federal Regulations, to use a personal wireless communications
device or laptop computer while at the flight crewmember's duty station
on the flight deck of such an aircraft while the aircraft is being
operated.
``(b) Exceptions.--Subsection (a) shall not apply to the use of a
personal wireless communications device or laptop computer for a
purpose directly related to operation of the aircraft, or for
emergency, safety-related, or employment-related communications, in
accordance with procedures established by the air carrier and the
Administrator of the Federal Aviation Administration.
``(c) Enforcement.--In addition to the penalties provided under
section 46301 applicable to any violation of this section, the
Administrator of the Federal Aviation Administration may enforce
compliance with this section under section 44709 by amending,
modifying, suspending, or revoking a certificate under this chapter.
``(d) Personal Wireless Communications Device Defined.--In this
section, the term `personal wireless communications device' means a
device through which personal wireless services (as defined in section
332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted.''.
(b) Penalty.--Section 44711(a) is amended--
(1) by striking ``or'' after the semicolon in paragraph (8);
(2) by striking ``title.'' in paragraph (9) and inserting
``title; or''; and
(3) by adding at the end the following:
``(10) violate section 44732 or any regulation issued
thereunder.''.
(c) Conforming Amendment.--The analysis for chapter 447 (as amended
by this Act) is further amended by adding at the end the following:
``44732. Prohibition on personal use of electronic devices on flight
deck.''.
(d) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall initiate a rulemaking procedure for regulations to
carry out section 44732 of title 49, United States Code (as added by
this section), and shall issue a final rule thereunder not later than 2
years after the date of enactment of this Act.
(e) Study.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall review relevant air carrier data and carry out
a study--
(A) to identify common sources of distraction for the
flight crewmembers on the flight deck of a commercial aircraft;
and
(B) to determine the safety impacts of such distractions.
(2) Report to congress.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives a report that contains--
(A) the findings of the study conducted under paragraph
(1); and
(B) recommendations regarding how to reduce distractions
for flight crewmembers on the flight deck of a commercial
aircraft.
SEC. 308. INSPECTION OF REPAIR STATIONS LOCATED OUTSIDE THE UNITED
STATES.
(a) In General.--Chapter 447 (as amended by this Act) is further
amended by adding at the end the following:
``Sec. 44733. Inspection of repair stations located outside the United
States
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Administrator of the Federal Aviation
Administration shall establish and implement a safety assessment system
for all part 145 repair stations based on the type, scope, and
complexity of work being performed. The system shall--
``(1) ensure that repair stations located outside the United
States are subject to appropriate inspections based on identified
risks and consistent with existing United States requirements;
``(2) consider inspection results and findings submitted by
foreign civil aviation authorities operating under a maintenance
safety or maintenance implementation agreement with the United
States; and
``(3) require all maintenance safety or maintenance
implementation agreements to provide an opportunity for the
Administration to conduct independent inspections of covered part
145 repair stations when safety concerns warrant such inspections.
``(b) Notice to Congress of Negotiations.--The Administrator shall
notify the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives not later than 30 days after initiating formal
negotiations with foreign aviation authorities or other appropriate
foreign government agencies on a new maintenance safety or maintenance
implementation agreement.
``(c) Annual Report.--The Administrator shall publish an annual
report on the Administration's oversight of part 145 repair stations
and implementation of the safety assessment system required under
subsection (a). The report shall--
``(1) describe in detail any improvements in the
Administration's ability to identify and track where part 121 air
carrier repair work is performed;
``(2) include a staffing model to determine the best placement
of inspectors and the number of inspectors needed;
``(3) describe the training provided to inspectors; and
``(4) include an assessment of the quality of monitoring and
surveillance by the Administration of work performed by its
inspectors and the inspectors of foreign authorities operating
under a maintenance safety or maintenance implementation agreement.
``(d) Alcohol and Controlled Substances Testing Program
Requirements.--
``(1) In general.--The Secretary of State and the Secretary of
Transportation, acting jointly, shall request the governments of
foreign countries that are members of the International Civil
Aviation Organization to establish international standards for
alcohol and controlled substances testing of persons that perform
safety-sensitive maintenance functions on commercial air carrier
aircraft.
``(2) Application to part 121 aircraft work.--Not later than 1
year after the date of enactment of this section, the Administrator
shall promulgate a proposed rule requiring that all part 145 repair
station employees responsible for safety-sensitive maintenance
functions on part 121 air carrier aircraft are subject to an
alcohol and controlled substances testing program determined
acceptable by the Administrator and consistent with the applicable
laws of the country in which the repair station is located.
``(e) Annual Inspections.--The Administrator shall ensure that part
145 repair stations located outside the United States are inspected
annually by Federal Aviation Administration safety inspectors, without
regard to where the station is located, in a manner consistent with
United States obligations under international agreements. The
Administrator may carry out inspections in addition to the annual
inspection required under this subsection based on identified risks.
``(f) Definitions.--In this section, the following definitions
apply:
``(1) Part 121 air carrier.--The term `part 121 air carrier'
means an air carrier that holds a certificate issued under part 121
of title 14, Code of Federal Regulations.
``(2) Part 145 repair station.--The term `part 145 repair
station' means a repair station that holds a certificate issued
under part 145 of title 14, Code of Federal Regulations.''.
(b) Conforming Amendment.--The analysis for chapter 447 (as amended
by this Act) is further amended by adding at the end the following:
``44733. Inspection of repair stations located outside the United
States.''.
SEC. 309. ENHANCED TRAINING FOR FLIGHT ATTENDANTS.
(a) In General.--Chapter 447 (as amended by this Act) is further
amended by adding at the end the following:
``Sec. 44734. Training of flight attendants
``(a) Training Required.--In addition to other training required
under this chapter, each air carrier shall provide to flight attendants
employed or contracted by such air carrier initial and annual training
regarding--
``(1) serving alcohol to passengers;
``(2) recognizing intoxicated passengers; and
``(3) dealing with disruptive passengers.
``(b) Situational Training.--In carrying out the training required
under subsection (a), each air carrier shall provide to flight
attendants situational training on the proper method for dealing with
intoxicated passengers who act in a belligerent manner.
``(c) Definitions.--In this section, the following definitions
apply:
``(1) Air carrier.--The term `air carrier' means a person,
including a commercial enterprise, that has been issued an air
carrier operating certificate under section 44705.
``(2) Flight attendant.--The term `flight attendant' has the
meaning given that term in section 44728(g).''.
(b) Clerical Amendment.--The analysis for chapter 447 (as amended
by this Act) is further amended by adding at the end the following:
``44734. Training of flight attendants.''.
SEC. 310. LIMITATION ON DISCLOSURE OF SAFETY INFORMATION.
(a) In General.--Chapter 447 (as amended by this Act) is further
amended by adding at the end the following:
``Sec. 44735. Limitation on disclosure of safety information
``(a) In General.--Except as provided by subsection (c), a report,
data, or other information described in subsection (b) shall not be
disclosed to the public by the Administrator of the Federal Aviation
Administration pursuant to section 552(b)(3)(B) of title 5 if the
report, data, or other information is submitted to the Federal Aviation
Administration voluntarily and is not required to be submitted to the
Administrator under any other provision of law.
``(b) Applicability.--The limitation established by subsection (a)
shall apply to the following:
``(1) Reports, data, or other information developed under the
Aviation Safety Action Program.
``(2) Reports, data, or other information produced or collected
under the Flight Operational Quality Assurance Program.
``(3) Reports, data, or other information developed under the
Line Operations Safety Audit Program.
``(4) Reports, data, or other information produced or collected
for purposes of developing and implementing a safety management
system acceptable to the Administrator.
``(5) Reports, analyses, and directed studies, based in whole
or in part on reports, data, or other information described in
paragraphs (1) through (4), including those prepared under the
Aviation Safety Information Analysis and Sharing Program (or any
successor program).
``(c) Exception for De-identified Information.--
``(1) In general.--The limitation established by subsection (a)
shall not apply to a report, data, or other information if the
information contained in the report, data, or other information has
been de-identified.
``(2) De-identified defined.--In this subsection, the term `de-
identified' means the process by which all information that is
likely to establish the identity of the specific persons or
entities submitting reports, data, or other information is removed
from the reports, data, or other information.''.
(b) Clerical Amendment.--The analysis for such chapter (as amended
by this Act) is further amended by adding at the end the following:
``44735. Limitation on disclosure of safety information.''.
(c) Technical Correction.--Section 44703(i)(9)(B)(i) is amended by
striking ``section 552 of title 5'' and inserting ``section
552(b)(3)(B) of title 5''.
SEC. 311. PROHIBITION AGAINST AIMING A LASER POINTER AT AN
AIRCRAFT.
(a) Offense.--Chapter 2 of title 18, United States Code, is amended
by inserting after section 39 the following:
``Sec. 39A. Aiming a laser pointer at an aircraft
``(a) Offense.--Whoever knowingly aims the beam of a laser pointer
at an aircraft in the special aircraft jurisdiction of the United
States, or at the flight path of such an aircraft, shall be fined under
this title or imprisoned not more than 5 years, or both.
``(b) Laser Pointer Defined.--As used in this section, the term
`laser pointer' means any device designed or used to amplify
electromagnetic radiation by stimulated emission that emits a beam
designed to be used by the operator as a pointer or highlighter to
indicate, mark, or identify a specific position, place, item, or
object.
``(c) Exceptions.--This section does not prohibit aiming a beam of
a laser pointer at an aircraft, or the flight path of such an aircraft,
by--
``(1) an authorized individual in the conduct of research and
development or flight test operations conducted by an aircraft
manufacturer, the Federal Aviation Administration, or any other
person authorized by the Federal Aviation Administration to conduct
such research and development or flight test operations;
``(2) members or elements of the Department of Defense or
Department of Homeland Security acting in an official capacity for
the purpose of research, development, operations, testing, or
training; or
``(3) by an individual using a laser emergency signaling device
to send an emergency distress signal.
``(d) Authority To Establish Additional Exceptions by Regulation.--
The Attorney General, in consultation with the Secretary of
Transportation, may provide by regulation, after public notice and
comment, such additional exceptions to this section as may be necessary
and appropriate. The Attorney General shall provide written
notification of any proposed regulations under this section to the
Committees on the Judiciary of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives, not less than 90 days before such
regulations become final.''.
(b) Clerical Amendment.--The analysis for such chapter is amended--
(1) by moving the item relating to section 39 after the item
relating to section 38; and
(2) by inserting after the item relating to section 39 the
following:
``39A. Aiming a laser pointer at an aircraft''.
SEC. 312. AIRCRAFT CERTIFICATION PROCESS REVIEW AND REFORM.
(a) In General.--The Administrator of the Federal Aviation
Administration, in consultation with representatives of the aviation
industry, shall conduct an assessment of the certification and approval
process under section 44704 of title 49, United States Code.
(b) Contents.--In conducting the assessment, the Administrator
shall consider--
(1) the expected number of applications for product
certifications and approvals the Administrator will receive under
section 44704 of such title in the 1-year, 5-year, and 10-year
periods following the date of enactment of this Act;
(2) process reforms and improvements necessary to allow the
Administrator to review and approve the applications in a fair and
timely fashion;
(3) the status of recommendations made in previous reports on
the Administration's certification process;
(4) methods for enhancing the effective use of delegation
systems, including organizational designation authorization;
(5) methods for training the Administration's field office
employees in the safety management system and auditing; and
(6) the status of updating airworthiness requirements,
including implementing recommendations in the Administration's
report entitled ``Part 23--Small Airplane Certification Process
Study'' (OK-09-3468, dated July 2009).
(c) Recommendations.--In conducting the assessment, the
Administrator shall make recommendations to improve efficiency and
reduce costs through streamlining and reengineering the certification
process under section 44704 of such title to ensure that the
Administrator can conduct certifications and approvals under such
section in a manner that supports and enables the development of new
products and technologies and the global competitiveness of the United
States aviation industry.
(d) Report to Congress.--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 assessment, together with an
explanation of how the Administrator will implement recommendations
made under subsection (c) and measure the effectiveness of the
recommendations.
(e) Implementation of Recommendations.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall begin to
implement the recommendations made under subsection (c).
SEC. 313. CONSISTENCY OF REGULATORY INTERPRETATION.
(a) Establishment of Advisory Panel.--Not later than 90 days after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish an advisory panel comprised of
both Government and industry representatives to--
(1) review the October 2010 report by the Government
Accountability Office on certification and approval processes (GAO-
11-14); and
(2) develop recommendations to address the findings in the
report and other concerns raised by interested parties, including
representatives of the aviation industry.
(b) Matters To Be Considered.--The advisory panel shall--
(1) determine the root causes of inconsistent interpretation of
regulations by the Administration's Flight Standards Service and
Aircraft Certification Service;
(2) develop recommendations to improve the consistency of
interpreting regulations by the Administration's Flight Standards
Service and Aircraft Certification Service; and
(3) develop recommendations to improve communications between
the Administration's Flight Standards Service and Aircraft
Certification Service and applicants and certificate and approval
holders for the identification and resolution of potentially
adverse issues in an expeditious and fair manner.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit 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 findings of the advisory
panel, together with an explanation of how the Administrator will
implement the recommendations of the advisory panel and measure the
effectiveness of the recommendations.
SEC. 314. 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 long-term actions designed to reduce the
severity, number, and rate of runway incursions, losses of
standard separation, and operational errors;
(iii) time frames and resources needed for the actions
described in clause (ii);
(iv) a continuous evaluative process to track
performance toward the goals referred to in clause (i); and
(v) a review with respect to runway safety of every
commercial service airport (as defined in section 47102 of
title 49, United States Code) in the United States and
proposed action to improve airport lighting, provide better
signs, and improve runway and taxiway markings at those
airports; and
(B) shall address the increased runway safety risk
associated with the expected increased volume of air traffic.
(b) Process.--Not later than 6 months after the date of enactment
of this Act, the Administrator shall develop a process for tracking and
investigating operational errors, losses of standard separation, and
runway incursions that includes procedures for--
(1) identifying who is responsible for tracking operational
errors, losses of standard separation, and runway incursions,
including a process for lower level employees to report to higher
supervisory levels and for frontline managers to receive the
information in a timely manner;
(2) conducting periodic random audits of the oversight process;
and
(3) ensuring proper accountability.
(c) Plan for Installation and Deployment of Systems To Provide
Alerts of Potential Runway Incursions.--Not later than June 30, 2012,
the Administrator shall submit to Congress a report containing a plan
for the installation and deployment of systems to alert air traffic
controllers or flight crewmembers, or both, of potential runway
incursions. The plan shall be integrated into the annual NextGen
Implementation Plan of the Administration or any successor document.
SEC. 315. FLIGHT STANDARDS EVALUATION PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall modify the Flight Standards Evaluation Program--
(1) to include periodic and random reviews as part of the
Administration's oversight of air carriers; and
(2) to prohibit an individual from participating in a review or
audit of an office with responsibility for an air carrier under the
program if the individual, at any time in the 5-year period
preceding the date of the review or audit, had responsibility for
inspecting, or overseeing the inspection of, the operations of that
carrier.
(b) Annual Report to Congress.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the Flight
Standards Evaluation Program, including the Administrator's findings
and recommendations with respect to the program.
(c) Flight Standards Evaluation Program Defined.--In this section,
the term ``Flight Standards Evaluation Program'' means the program
established by the Federal Aviation Administration in FS 1100.1B CHG3,
including any subsequent revisions thereto.
SEC. 316. COCKPIT SMOKE.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the effectiveness of oversight activities of the
Federal Aviation Administration relating to the use of new technologies
to prevent or mitigate the effects of dense, continuous smoke in the
cockpit of a commercial aircraft.
(b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit to Congress
a report on the results of the study.
SEC. 317. 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 to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to Congress a
report containing the results of the review.
SEC. 318. 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 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 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 year after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study.
SEC. 319. MAINTENANCE PROVIDERS.
(a) Regulations.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue regulations requiring that covered work on
an aircraft used to provide air transportation under part 121 of title
14, Code of Federal Regulations, be performed by persons in accordance
with subsection (b).
(b) Persons Authorized To Perform Certain Work.--A person may
perform covered work on aircraft used to provide air transportation
under part 121 of title 14, Code of Federal Regulations, only if the
person is employed by--
(1) a part 121 air carrier;
(2) a part 145 repair station or a person authorized under
section 43.17 of title 14, Code of Federal Regulations (or any
successor regulation); or
(3) subject to subsection (c), a person that--
(A) provides contract maintenance workers, services, or
maintenance functions to a part 121 air carrier or part 145
repair station; and
(B) meets the requirements of the part 121 air carrier or
the part 145 repair station, as appropriate.
(c) Terms and Conditions.--Covered work performed by a person who
is employed by a person described in subsection (b)(3) shall be subject
to the following terms and conditions:
(1) The applicable part 121 air carrier shall be directly in
charge of the covered work being performed.
(2) The covered work shall be carried out in accordance with
the part 121 air carrier's maintenance manual.
(3) The person shall carry out the covered work under the
supervision and control of the part 121 air carrier directly in
charge of the covered work being performed on its aircraft.
(d) Definitions.--In this section, the following definitions apply:
(1) Covered work.--The term ``covered work'' means any of the
following:
(A) Essential maintenance that could result in a failure,
malfunction, or defect endangering the safe operation of an
aircraft if not performed properly or if improper parts or
materials are used.
(B) Regularly scheduled maintenance.
(C) A required inspection item (as defined 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) Person.--The term ``person'' means an individual, firm,
partnership, corporation, company, or association that performs
maintenance, preventative maintenance, or alterations.
SEC. 320. STUDY OF AIR QUALITY IN AIRCRAFT CABINS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall initiate a study of air quality in aircraft cabins to--
(1) assess bleed air quality on the full range of commercial
aircraft operating in the United States;
(2) identify oil-based contaminants, hydraulic fluid toxins,
and other air toxins that appear in cabin air and measure the
quantity and prevalence, or absence, of those toxins through a
comprehensive sampling program;
(3) determine the specific amount and duration of toxic fumes
present in aircraft cabins that constitutes a health risk to
passengers;
(4) develop a systematic reporting standard for smoke and fume
events in aircraft cabins; and
(5) identify the potential health risks to individuals exposed
to toxic fumes during flight.
(b) Authority To Monitor Air in Aircraft Cabins.--For purposes of
conducting the study required by subsection (a), the Administrator of
the Federal Aviation Administration shall require domestic air carriers
to allow air quality monitoring on their aircraft in a manner that
imposes no significant costs on the air carrier and does not interfere
with the normal operation of the aircraft.
SEC. 321. IMPROVED PILOT LICENSES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall issue improved pilot licenses consistent with
requirements under this section.
(b) Timing.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall--
(1) provide 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) a timeline for the phased issuance of improved pilot
licenses under this section that ensures all pilots are issued
such licenses not later than 2 years after the initial issuance
of such licenses under paragraph (2); and
(B) recommendations for the Federal installation of
infrastructure necessary to take advantage of information
contained on improved pilot licenses issued under this section,
which identify the necessary infrastructure, indicate the
Federal entity that should be responsible for installing,
funding, and operating the infrastructure at airport sterile
areas, and provide an estimate of the costs of the
infrastructure; and
(2) begin to issue improved pilot licenses consistent with the
requirements of title 49, United States Code, and title 14, Code of
Federal Regulations.
(c) Requirements.--Improved pilot licenses issued under this
section shall--
(1) be resistant to tampering, alteration, and counterfeiting;
(2) include a photograph of the individual to whom the license
is issued for identification purposes; and
(3) be smart cards that--
(A) accommodate iris and fingerprint biometric identifiers;
and
(B) are compliant with Federal Information Processing
Standards-201 (FIPS-201) or Personal Identity Verification-
Interoperability Standards (PIV-I) for processing through
security checkpoints into airport sterile areas.
(d) Tampering.--To the extent practicable, the Administrator shall
develop methods to determine or reveal whether any component or
security feature of an improved pilot license issued under this section
has been tampered with, altered, or counterfeited.
(e) Use of Designees.--The Administrator may use designees to carry
out subsection (a) to the extent practicable in order to minimize the
burdens on pilots.
(f) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, 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 on the issuance
of improved pilot licenses under this section.
(2) Expiration.--The Administrator shall not be required to
submit annual reports under this subsection after the date on which
the Administrator has issued improved pilot licenses under this
section to all pilots.
Subtitle B--Unmanned Aircraft Systems
SEC. 331. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Arctic.--The term ``Arctic'' means the United States zone
of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the
Aleutian chain.
(2) Certificate of waiver; certificate of authorization.--The
terms ``certificate of waiver'' and ``certificate of
authorization'' mean a Federal Aviation Administration grant of
approval for a specific flight operation.
(3) Permanent areas.--The term ``permanent areas'' means areas
on land or water that provide for launch, recovery, and operation
of small unmanned aircraft.
(4) 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 in section 40102 of title 49, United
States Code).
(5) Sense and avoid capability.--The term ``sense and avoid
capability'' means the capability of an unmanned aircraft to remain
a safe distance from and to avoid collisions with other airborne
aircraft.
(6) Small unmanned aircraft.--The term ``small unmanned
aircraft'' means an unmanned aircraft weighing less than 55 pounds.
(7) Test range.--The term ``test range'' means a defined
geographic area where research and development are conducted.
(8) 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.
(9) Unmanned aircraft system.--The term ``unmanned aircraft
system'' means an unmanned aircraft and associated elements
(including communication links and the components that control the
unmanned aircraft) that are required for the pilot in command to
operate safely and efficiently in the national airspace system.
SEC. 332. INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS INTO
NATIONAL AIRSPACE SYSTEM.
(a) Required Planning for Integration.--
(1) Comprehensive plan.--Not later than 270 days after the date
of enactment of this Act, the Secretary of Transportation, in
consultation with representatives of the aviation industry, Federal
agencies that employ unmanned aircraft systems technology in the
national airspace system, and the unmanned aircraft systems
industry, shall develop a comprehensive plan to safely accelerate
the integration of civil unmanned aircraft systems into the
national airspace system.
(2) Contents of plan.--The plan required under paragraph (1)
shall contain, at a minimum, recommendations or projections on--
(A) the rulemaking to be conducted under subsection (b),
with specific recommendations on how the rulemaking will--
(i) define the acceptable standards for operation and
certification of civil unmanned aircraft systems;
(ii) ensure that any civil unmanned aircraft system
includes a sense and avoid capability; and
(iii) establish standards and requirements for the
operator and pilot of a civil unmanned aircraft system,
including standards and requirements for registration and
licensing;
(B) the best methods to enhance the technologies and
subsystems necessary to achieve the safe and routine operation
of civil unmanned aircraft systems in the national airspace
system;
(C) a phased-in approach to the integration of civil
unmanned aircraft systems into the national airspace system;
(D) a timeline for the phased-in approach described under
subparagraph (C);
(E) creation of a safe
(F) airspace designation for cooperative manned and
unmanned flight operations in the national airspace system;
(G) establishment of a process to develop certification,
flight standards, and air traffic requirements for civil
unmanned aircraft systems at test ranges where such systems are
subject to testing;
(H) the best methods to ensure the safe operation of civil
unmanned aircraft systems and public unmanned aircraft systems
simultaneously in the national airspace system; and
(I) incorporation of the plan into the annual NextGen
Implementation Plan document (or any successor document) of the
Federal Aviation Administration.
(3) Deadline.--The plan required under paragraph (1) shall
provide for the safe integration of civil unmanned aircraft systems
into the national airspace system as soon as practicable, but not
later than September 30, 2015.
(4) Report to congress.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to Congress a
copy of the plan required under paragraph (1).
(5) Roadmap.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall approve and make available in
print and on the Administration's Internet Web site a 5-year
roadmap for the introduction of civil unmanned aircraft systems
into the national airspace system, as coordinated by the Unmanned
Aircraft Program Office of the Administration. The Secretary shall
update the roadmap annually.
(b) Rulemaking.--Not later than 18 months after the date on which
the plan required under subsection (a)(1) is submitted to Congress
under subsection (a)(4), the Secretary shall publish in the Federal
Register--
(1) a final rule on small unmanned aircraft systems that will
allow for civil operation of such systems in the national airspace
system, to the extent the systems do not meet the requirements for
expedited operational authorization under section 333 of this Act;
(2) a notice of proposed rulemaking to implement the
recommendations of the plan required under subsection (a)(1), with
the final rule to be published not later than 16 months after the
date of publication of the notice; and
(3) an update to the Administration's most recent policy
statement on unmanned aircraft systems, contained in Docket No.
FAA-2006-25714.
(c) Pilot Projects.--
(1) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a program
to integrate unmanned aircraft systems into the national airspace
system at 6 test ranges. The program shall terminate 5 years after
the date of enactment of this Act.
(2) Program requirements.--In establishing the program under
paragraph (1), the Administrator shall--
(A) safely designate airspace for integrated manned and
unmanned flight operations in the national airspace system;
(B) develop certification standards and air traffic
requirements for unmanned flight operations at test ranges;
(C) coordinate with and leverage the resources of the
National Aeronautics and Space Administration and the
Department of Defense;
(D) address both civil and public unmanned aircraft
systems;
(E) ensure that the program is coordinated with the Next
Generation Air Transportation System; and
(F) provide for verification of the safety of unmanned
aircraft systems and related navigation procedures before
integration into the national airspace system.
(3) Test range locations.--In determining the location of the 6
test ranges of the program under paragraph (1), the Administrator
shall--
(A) take into consideration geographic and climatic
diversity;
(B) take into consideration the location of ground
infrastructure and research needs; and
(C) consult with the National Aeronautics and Space
Administration and the Department of Defense.
(4) Test range operation.--A project at a test range shall be
operational not later than 180 days after the date on which the
project is established.
(5) Report to congress.--
(A) In general.--Not later than 90 days after the date of
the termination of the program under paragraph (1), the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science,
Space, and Technology of the House of Representatives a report
setting forth the Administrator's findings and conclusions
concerning the projects.
(B) Additional contents.--The report under subparagraph (A)
shall include a description and assessment of the progress
being made in establishing special use airspace to fill the
immediate need of the Department of Defense--
(i) to develop detection techniques for small unmanned
aircraft systems; and
(ii) to validate the sense and avoid capability and
operation of unmanned aircraft systems.
(d) Expanding Use of Unmanned Aircraft Systems in Arctic.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a plan and
initiate a process to work with relevant Federal agencies and
national and international communities to designate permanent areas
in the Arctic where small unmanned aircraft may operate 24 hours
per day for research and commercial purposes. The plan for
operations in these permanent areas shall include the development
of processes to facilitate the safe operation of unmanned aircraft
beyond line of sight. Such areas shall enable over-water flights
from the surface to at least 2,000 feet in altitude, with ingress
and egress routes from selected coastal launch sites.
(2) Agreements.--To implement the plan under paragraph (1), the
Secretary may enter into an agreement with relevant national and
international communities.
(3) Aircraft approval.--Not later than 1 year after the entry
into force of an agreement necessary to effectuate the purposes of
this subsection, the Secretary shall work with relevant national
and international communities to establish and implement a process,
or may apply an applicable process already established, for
approving the use of unmanned aircraft in the designated permanent
areas in the Arctic without regard to whether an unmanned aircraft
is used as a public aircraft, a civil aircraft, or a model
aircraft.
SEC. 333. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Notwithstanding any other requirement of this
subtitle, and not later than 180 days after the date of enactment of
this Act, the Secretary of Transportation 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
332 of this Act or the guidance required by section 334 of this Act.
(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 populated 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 waiver, certificate of
authorization, or 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.
SEC. 334. PUBLIC UNMANNED AIRCRAFT SYSTEMS.
(a) Guidance.--Not later than 270 days after the date of enactment
of this Act, the Secretary of Transportation 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;
(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; and
(4) provide guidance on a public entity's responsibility when
operating an unmanned aircraft without a civil airworthiness
certificate issued by the Administration.
(b) Standards for Operation and Certification.--Not later than
December 31, 2015, the Administrator shall develop and implement
operational and certification requirements for the operation of public
unmanned aircraft systems in the national airspace system.
(c) Agreements With Government Agencies.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into agreements
with appropriate government agencies to simplify the process for
issuing certificates of waiver or authorization with respect to
applications seeking authorization to operate public unmanned
aircraft systems in the national airspace system.
(2) Contents.--The agreements shall--
(A) with respect to an application described in paragraph
(1)--
(i) provide for an expedited review of the application;
(ii) require a decision by the Administrator on
approval or disapproval within 60 business days of the date
of submission of the application; and
(iii) allow for an expedited appeal if the application
is disapproved;
(B) allow for a one-time approval of similar operations
carried out during a fixed period of time; and
(C) allow a government public safety agency to operate
unmanned aircraft weighing 4.4 pounds or less, if operated--
(i) within the line of sight of the operator;
(ii) less than 400 feet above the ground;
(iii) during daylight conditions;
(iv) within Class G airspace; and
(v) outside of 5 statute miles from any airport,
heliport, seaplane base, spaceport, or other location with
aviation activities.
SEC. 335. SAFETY STUDIES.
The Administrator of the Federal Aviation Administration shall
carry out all safety studies necessary to support the integration of
unmanned aircraft systems into the national airspace system.
SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.
(a) In General.--Notwithstanding any other provision of law
relating to the incorporation of unmanned aircraft systems into Federal
Aviation Administration plans and policies, including this subtitle,
the Administrator of the Federal Aviation Administration may not
promulgate any rule or regulation regarding a model aircraft, or an
aircraft being developed as a model aircraft, if--
(1) the aircraft is flown strictly for hobby or recreational
use;
(2) the aircraft is operated in accordance with a community-
based set of safety guidelines and within the programming of a
nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds unless
otherwise certified through a design, construction, inspection,
flight test, and operational safety program administered by a
community-based organization;
(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator of
the aircraft provides the airport operator and the airport air
traffic control tower (when an air traffic facility is located at
the airport) with prior notice of the operation (model aircraft
operators flying from a permanent location within 5 miles of an
airport should establish a mutually-agreed upon operating procedure
with the airport operator and the airport air traffic control tower
(when an air traffic facility is located at the airport)).
(b) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft who
endanger the safety of the national airspace system.
(c) Model Aircraft Defined.--In this section, the term ``model
aircraft'' means an unmanned aircraft that is--
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating
the aircraft; and
(3) flown for hobby or recreational purposes.
Subtitle C--Safety and Protections
SEC. 341. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.
Section 106 (as amended by this Act) is further amended by adding
at the end the following:
``(t) 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) Qualifications.--The Director shall have a
demonstrated ability in investigations and knowledge of or
experience in aviation.
``(C) Term.--The Director shall be appointed for a term of
5 years.
``(D) Vacancies.--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 (if the certificate
holder does not have a similar in-house whistleblower or
safety and regulatory noncompliance reporting process) and
employees of the Agency concerning the possible existence
of an activity relating to a violation of an order, a
regulation, 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, a
regulation, or any other provision of Federal law relating
to aviation safety has occurred; and
``(iii) based on findings of the assessment conducted
under clause (ii), make recommendations to the
Administrator of the Agency, in writing, regarding further
investigation or corrective actions.
``(B) Disclosure of identities.--The Director shall not
disclose the identity of an individual who submits a complaint
or information under subparagraph (A)(i) unless--
``(i) the individual consents to the disclosure in
writing; or
``(ii) the Director determines, in the course of an
investigation, that the disclosure is required by
regulation, statute, or court order, or is otherwise
unavoidable, in which case the Director shall provide the
individual reasonable advanced notice of the disclosure.
``(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 all records, reports,
audits, reviews, documents, papers, recommendations, and other
material of the Agency necessary to determine whether a
substantial likelihood exists that a violation of an order, a
regulation, or any other provision of Federal law relating to
aviation safety may have occurred.
``(4) Responses to recommendations.--Not later than 60 days
after the date on which the Administrator receives a report with
respect to an investigation, the Administrator shall respond 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.
``(5) Incident reports.--If the Director determines there is a
substantial likelihood that a violation of an order, a regulation,
or any other provision of Federal law relating to aviation safety
has occurred that requires immediate corrective action, the
Director shall report the potential violation expeditiously to the
Administrator and the Inspector General of the Department of
Transportation.
``(6) Reporting of criminal violations to inspector general.--
If the Director has reasonable grounds to believe that there has
been a violation of Federal criminal law, the Director shall report
the violation expeditiously to the Inspector General.
``(7) Annual reports to congress.--Not later than October 1 of
each year, the Director shall submit to Congress a report
containing--
``(A) information on the number of submissions of
complaints and information received by the Director under
paragraph (3)(A)(i) in the preceding 12-month period;
``(B) summaries of those submissions;
``(C) summaries of further investigations and corrective
actions recommended in response to the submissions; and
``(D) summaries of the responses of the Administrator to
such recommendations.''.
SEC. 342. POSTEMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS
INSPECTORS.
(a) In General.--Section 44711 is amended by adding at the end the
following:
``(d) Postemployment 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 that permits,
an individual to act as an agent or representative of the
certificate holder in any matter before the Federal Aviation
Administration if the individual, in the preceding 2-year period--
``(A) served as, or was responsible for oversight of, a
flight standards inspector of the Administration; and
``(B) had responsibility to inspect, or oversee inspection
of, the operations of the certificate holder.
``(2) Written and oral communications.--For purposes of
paragraph (1), an individual shall be considered to be acting as an
agent or representative of a certificate holder in a matter before
the Administration if the individual makes any written or oral
communication on behalf of the certificate holder to the
Administration (or any of its officers or employees) in connection
with a particular matter, whether or not involving a specific party
and without regard to whether the individual has participated in,
or had responsibility for, the particular matter while serving as a
flight standards inspector of the Administration.''.
(b) Applicability.--The amendment made by subsection (a) shall not
apply to an individual employed by a certificate holder as of the date
of enactment of this Act.
SEC. 343. REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE.
(a) Reviews.--The Administrator of the Federal Aviation
Administration shall establish a process by which the air
transportation oversight system database of the Administration is
reviewed by regional teams of employees of the Administration,
including at least one employee on each team representing 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
Administration regulations, advisory directives, policies, and
procedures.
(b) Monthly Team Reports.--
(1) In general.--A regional 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 Service a report each month 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) Biannual Reports to Congress.--The Administrator, on a biannual
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 the reviews of the air transportation oversight system
database conducted under this section, including copies of reports
received under subsection (b).
SEC. 344. 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 are implementing 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 a violation with the same root causes, 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, if the Administration--
(A) conducts comprehensive reviews of voluntary disclosure
reports before closing a voluntary disclosure report under the
provisions of the program;
(B) evaluates the effectiveness of corrective actions taken
by air carriers; and
(C) effectively prevents abuse of the voluntary disclosure
reporting program through its secondary review of self-
disclosures before they are accepted and closed by the
Administration.
(3) Report to congress.--Not later than 1 year 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.
SEC. 345. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE TO
FLIGHT CREWMEMBERS.
(a) Rulemaking on Applicability of Part 121 Duty Periods and Flight
Time Limitations to Part 91 Operations.--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, if such
a proceeding has not already been initiated, to require a flight
crewmember who is employed by an air carrier conducting operations
under part 121 of title 14, Code of Federal Regulations, and who
accepts an additional assignment for flying under part 91 of such title
from the air carrier or from any other air carrier conducting
operations under part 121 or 135 of such title, to apply the period of
the additional assignment (regardless of whether the assignment is
performed by the flight crewmember before or after an assignment to fly
under part 121 of such title) toward any limitation applicable to the
flight crewmember relating to duty periods or flight times under part
121 of such title.
(b) Rulemaking on Applicability of Part 135 Duty Periods and Flight
Time Limitations to Part 91 Operations.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall initiate a
rulemaking proceeding to require a flight crewmember who is employed by
an air carrier conducting operations under part 135 of title 14, Code
of Federal Regulations, and who accepts an additional assignment for
flying under part 91 of such title from the air carrier or any other
air carrier conducting operations under part 121 or 135 of such title,
to apply the period of the additional assignment (regardless of whether
the assignment is performed by the flight crewmember before or after an
assignment to fly under part 135 of such title) toward any limitation
applicable to the flight crewmember relating to duty periods or flight
times under part 135 of such title.
(c) Separate Rulemaking Proceedings Required.--The rulemaking
proceeding required under subsection (b) shall be separate from the
rulemaking proceeding required under subsection (a).
SEC. 346. CERTAIN EXISTING FLIGHT TIME LIMITATIONS AND REST
REQUIREMENTS.
The Administrator of the Federal Aviation Administration may not
finalize the interpretation proposed in Docket No. FAA-2010-1259,
relating to rest requirements, and published in the Federal Register on
December 23, 2010.
SEC. 347. EMERGENCY LOCATOR TRANSMITTERS ON GENERAL AVIATION
AIRCRAFT.
(a) Inspection.--As part of the annual inspection of general
aviation aircraft, the Administrator of the Federal Aviation
Administration shall require a detailed inspection of each emergency
locator transmitter (in this section referred to as an ``ELT'')
installed in general aviation aircraft operating in the United States
to ensure that the ELT is mounted and retained in accordance with the
manufacturer's specifications.
(b) Mounting and Retention.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall determine if the ELT
mounting requirements and retention tests specified by Technical
Standard Orders C91a and C126 are adequate to assess retention
capabilities in ELT designs.
(2) Revision.--Based on the determination under paragraph (1),
the Administrator shall make any necessary revisions to the
requirements and retention tests referred to in paragraph (1) to
ensure that ELTs are properly retained in the event of an aircraft
accident.
(c) Report.--Upon the completion of any revisions under subsection
(b)(2), the Administrator shall submit a report on the implementation
of this section to--
(1) the Committee on Commerce, Science, and Transportation of
the Senate; and
(2) the Committee on Transportation and Infrastructure of the
House of Representatives.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Passenger Air Service Improvements
SEC. 401. SMOKING PROHIBITION.
(a) In General.--Section 41706 is amended--
(1) in the section heading by striking ``scheduled'' and
inserting ``passenger''; and
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) Smoking Prohibition in Interstate and Intrastate Air
Transportation.--An individual may not smoke--
``(1) in an aircraft in scheduled passenger interstate or
intrastate air transportation; or
``(2) in an aircraft in nonscheduled passenger interstate or
intrastate air transportation, 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--
``(1) in an aircraft in scheduled passenger foreign air
transportation; and
``(2) in an aircraft 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 passenger flights.''.
SEC. 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 pursuant to part
234 of title 14, Code of Federal Regulations, 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 Internet Web
site of the Department of Transportation.''.
(b) Effective Date.--Beginning not later than 90 days after the
date of enactment of this Act, the Secretary of Transportation shall
require monthly reports pursuant to the amendment made by subsection
(a).
SEC. 403. MUSICAL INSTRUMENTS.
(a) In General.--Subchapter I of chapter 417 is amended by adding
at the end the following:
``Sec. 41724. Musical instruments
``(a) In General.--
``(1) Small instruments as carry-on baggage.--An air carrier
providing air transportation shall permit a passenger to carry a
violin, guitar, or other musical instrument in the aircraft cabin,
without charging the passenger a fee in addition to any standard
fee that carrier may require for comparable carry-on baggage, if--
``(A) the instrument can be stowed safely in a suitable
baggage compartment in the aircraft cabin or under a passenger
seat, in accordance with the requirements for carriage of
carry-on baggage or cargo established by the Administrator; and
``(B) there is space for such stowage at the time the
passenger boards the aircraft.
``(2) Larger instruments as carry-on baggage.--An air carrier
providing air transportation shall permit a passenger to carry a
musical instrument that is too large to meet the requirements of
paragraph (1) in the aircraft cabin, without charging the passenger
a fee in addition to the cost of the additional ticket described in
subparagraph (E), if--
``(A) the instrument is contained in a case or covered so
as to avoid injury to other passengers;
``(B) the weight of the instrument, including the case or
covering, does not exceed 165 pounds or the applicable weight
restrictions for the aircraft;
``(C) the instrument can be stowed in accordance with the
requirements for carriage of carry-on baggage or cargo
established by the Administrator;
``(D) neither the instrument nor the case contains any
object not otherwise permitted to be carried in an aircraft
cabin because of a law or regulation of the United States; and
``(E) the passenger wishing to carry the instrument in the
aircraft cabin has purchased an additional seat to accommodate
the instrument.
``(3) Large instruments as checked baggage.--An air carrier
shall transport as baggage a musical instrument that is the
property of a passenger traveling in air transportation that may
not be carried in the aircraft cabin if--
``(A) the sum of the length, width, and height measured in
inches of the outside linear dimensions of the instrument
(including the case) does not exceed 150 inches or the
applicable size restrictions for the aircraft;
``(B) the weight of the instrument does not exceed 165
pounds or the applicable weight restrictions for the aircraft;
and
``(C) the instrument can be stowed in accordance with the
requirements for carriage of carry-on baggage or cargo
established by the Administrator.
``(b) Regulations.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue final regulations
to carry out subsection (a).
``(c) Effective Date.--The requirements of this section shall
become effective on the date of issuance of the final regulations under
subsection (b).''.
(b) Conforming Amendment.--The analysis for such subchapter is
amended by adding at the end the following:
``41724. Musical instruments.''.
SEC. 404. EXTENSION OF COMPETITIVE ACCESS REPORTS.
Section 47107(s)(3) is amended to read as follows:
``(3) Sunset provision.--This subsection shall cease to be
effective beginning October 1, 2015.''.
SEC. 405. AIRFARES FOR MEMBERS OF THE ARMED FORCES.
(a) Findings.--Congress finds that--
(1) the Armed Forces is comprised of approximately 1,450,000
members who are stationed on active duty at more than 6,000
military bases in 146 different countries;
(2) the United States is indebted to the members of the Armed
Forces, many of whom are in grave danger due to their engagement
in, or exposure to, combat;
(3) military service, especially in the current war against
terrorism, often requires members of the Armed Forces to be
separated from their families on short notice, for long periods of
time, and under very stressful conditions;
(4) the unique demands of military service often preclude
members of the Armed Forces from purchasing discounted advance
airline tickets in order to visit their loved ones at home; and
(5) it is the patriotic duty of the people of the United States
to support the members of the Armed Forces who are defending the
Nation's interests around the world at great personal sacrifice.
(b) Sense of Congress.--It is the sense of Congress that--
(1) all United States commercial air carriers should seek to
lend their support with flexible, generous policies applicable to
members of the Armed Forces who are traveling on leave or liberty
at their own expense; and
(2) each United States air carrier, for all members of the
Armed Forces who have been granted leave or liberty and who are
traveling by air at their own expense, should--
(A) seek to provide reduced air fares that are comparable
to the lowest airfare for ticketed flights and that eliminate
to the maximum extent possible advance purchase requirements;
(B) seek to eliminate change fees or charges and any
penalties;
(C) seek to eliminate or reduce baggage and excess weight
fees;
(D) offer flexible terms that allow members to purchase,
modify, or cancel tickets without time restrictions, and to
waive fees (including baggage fees), ancillary costs, or
penalties; and
(E) seek to take proactive measures to ensure that all
airline employees, particularly those who issue tickets and
respond to members of the Armed Forces and their family
members, are trained in the policies of the airline aimed at
benefitting members of the Armed Forces who are on leave or
liberty.
SEC. 406. 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 the 2000 report
numbered CR-2000-112 and titled ``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, including with respect to the number of chronically
delayed flights and taxi-in and taxi-out times;
(2) air carriers' scheduling practices;
(3) the need for a reexamination 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;
(5) the effect that limited air carrier service options on
routes have on the frequency of delays and cancellations on such
routes;
(6) the effect of the rules and regulations of the Department
of Transportation on the decisions of air carriers to delay or
cancel flights; and
(7) the impact of flight delays and cancellations on the
airline industry.
(c) Report to Congress.--Not later than 1 year 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).
SEC. 407. COMPENSATION FOR DELAYED BAGGAGE.
(a) Study.--The Comptroller General of the United States shall
conduct a study to--
(1) examine delays in the delivery of checked baggage to
passengers of air carriers; and
(2) assess the options for and examine the impact of
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 to Congress.--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.
SEC. 408. DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.
The Secretary of Transportation may 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 flyer miles or
equivalent redeemable awards earned through customer-loyalty
programs; and
(7) deceptive or misleading advertising.
SEC. 409. STUDY OF OPERATORS REGULATED UNDER PART 135.
(a) Study Required.--The Administrator of the Federal Aviation
Administration, in consultation with interested parties, shall conduct
a study of operators regulated under part 135 of title 14, Code of
Federal Regulations.
(b) Contents.--In conducting the study under subsection (a), the
Administrator shall analyze the part 135 fleet in the United States,
which shall include analysis of--
(1) the size and type of aircraft in the fleet;
(2) the equipment utilized by the fleet;
(3) the hours flown each year by the fleet;
(4) the utilization rates with respect to the fleet;
(5) the safety record of various categories of use and aircraft
types with respect to the fleet, through a review of the database
of the National Transportation Safety Board;
(6) the sales revenues of the fleet; and
(7) the number of passengers and airports served by the fleet.
(c) Report to Congress.--Not later than 18 months 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 conducted under subsection
(a).
SEC. 410. USE OF CELL PHONES ON PASSENGER AIRCRAFT.
(a) Cell Phone Study.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall conduct a study on the impact of the use of cell
phones for voice communications in an aircraft during a flight in
scheduled passenger air transportation where currently permitted by
foreign governments in foreign air transportation.
(b) Contents.--The study shall include--
(1) a review of foreign government and air carrier policies on
the use of cell phones during flight;
(2) a review of the extent to which passengers use cell phones
for voice communications during flight; and
(3) a summary of any impacts of cell phone use during flight on
safety, the quality of the flight experience of passengers, and
flight attendants.
(c) Comment Period.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall publish in the Federal
Register the results of the study and allow 60 days for public comment.
(d) Cell Phone Report.--Not later than 270 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.
SEC. 411. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER
PROTECTION.
(a) In General.--The Secretary of Transportation shall establish an
advisory committee for aviation consumer protection to advise the
Secretary in carrying out activities relating to airline customer
service improvements.
(b) Membership.--The Secretary shall appoint the members of the
advisory committee, which shall be comprised of one representative each
of--
(1) air carriers;
(2) airport operators;
(3) State or local governments with expertise in consumer
protection matters; and
(4) nonprofit public interest groups with expertise in consumer
protection matters.
(c) Vacancies.--A vacancy in the advisory committee shall be filled
in the manner in which the original appointment was made.
(d) Travel Expenses.--Members of the advisory committee shall serve
without pay but shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(e) Chairperson.--The Secretary shall designate, from among the
individuals appointed under subsection (b), an individual to serve as
chairperson of the advisory committee.
(f) Duties.--The duties of the advisory committee shall include--
(1) evaluating existing aviation consumer protection programs
and providing recommendations for the improvement of such programs,
if needed; and
(2) providing recommendations for establishing additional
aviation consumer protection programs, if needed.
(g) Report to Congress.--Not later than February 1 of each of the
first 2 calendar years beginning after the date of enactment of this
Act, the Secretary shall transmit to Congress a report containing--
(1) the recommendations made by the advisory committee during
the preceding calendar year; and
(2) an explanation of how the Secretary has implemented each
recommendation and, for each recommendation not implemented, the
Secretary's reason for not implementing the recommendation.
(h) Termination.--The advisory committee established under this
section shall terminate on September 30, 2015.
SEC. 412. DISCLOSURE OF SEAT DIMENSIONS TO FACILITATE THE USE OF
CHILD SAFETY SEATS ON AIRCRAFT.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall initiate a
rulemaking to require each air carrier operating under part 121 of
title 14, Code of Federal Regulations, to post on the Internet Web site
of the air carrier the maximum dimensions of a child safety seat that
can be used on each aircraft operated by the air carrier to enable
passengers to determine which child safety seats can be used on those
aircraft.
SEC. 413. 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 exceed 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 safe and efficient use of
navigable airspace,
the Administrator shall convene a meeting of such carriers to reduce
pursuant to section 41722 of title 49, United States Code, on a
voluntary basis, the number of such operations so as not to exceed the
maximum departure and arrival rate.
(b) No Agreement.--If the air carriers participating in a meeting
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 so as
not to exceed the maximum departure and arrival rate, the Administrator
shall take such action as is necessary to ensure such reduction is
implemented.
(c) Subsequent Schedule Increases.--Subsequent to any reduction in
operations under subsection (a) or (b) at an airport, if the
Administrator determines that the hourly number of aircraft operations
at that airport is less than the amount that can be handled safely and
efficiently, the Administrator shall ensure that priority is given to
United States air carriers in permitting additional aircraft operations
with respect to that hour.
SEC. 414. RONALD REAGAN WASHINGTON NATIONAL AIRPORT SLOT
EXEMPTIONS.
(a) Increase in Number of Slot Exemptions.--Section 41718 is
amended by adding at the end the following:
``(g) Additional Slot Exemptions.--
``(1) Increase in slot exemptions.--Not later than 90 days
after the date of enactment of the FAA Modernization and Reform Act
of 2012, the Secretary shall grant, by order 16 exemptions from--
``(A) the application of sections 49104(a)(5), 49109, and
41714 to air carriers to operate limited frequencies and
aircraft on routes between Ronald Reagan Washington National
Airport and airports located beyond the perimeter described in
section 49109; and
``(B) the requirements of subparts K and S of part 93, Code
of Federal Regulations.
``(2) New entrants and limited incumbents.--Of the slot
exemptions made available under paragraph (1), the Secretary shall
make 8 available to limited incumbent air carriers or new entrant
air carriers (as such terms are defined in section 41714(h)). Such
exemptions shall be allocated pursuant to the application process
established by the Secretary under subsection (d). The Secretary
shall consider the extent to which the exemptions will--
``(A) provide air transportation with domestic network
benefits in areas beyond the perimeter described in section
49109;
``(B) increase competition in multiple markets;
``(C) not reduce travel options for communities served by
small hub airports and medium hub airports within the perimeter
described in section 49109;
``(D) not result in meaningfully increased travel delays;
``(E) enhance options for nonstop travel to and from the
beyond-perimeter airports that will be served as a result of
those exemptions;
``(F) have a positive impact on the overall level of
competition in the markets that will be served as a result of
those exemptions; or
``(G) produce public benefits, including the likelihood
that the service to airports located beyond the perimeter
described in section 49109 will result in lower fares, higher
capacity, and a variety of service options.
``(3) Improved network slots.--Of the slot exemptions made
available under paragraph (1), the Secretary shall make 8 available
to incumbent air carriers qualifying for status as a non-limited
incumbent carrier at Ronald Reagan Washington National Airport as
of the date of enactment of the FAA Modernization and Reform Act of
2012. Each such non-limited incumbent air carrier--
``(A) may operate up to a maximum of 2 of the newly
authorized slot exemptions;
``(B) prior to exercising an exemption made available under
paragraph (1), shall discontinue the use of a slot for service
between Ronald Reagan Washington National Airport and a large
hub airport within the perimeter as described in section 49109,
and operate, in place of such service, service between Ronald
Reagan Washington National Airport and an airport located
beyond the perimeter described in section 49109;
``(C) shall be entitled to return of the slot by the
Secretary if use of the exemption made available to the carrier
under paragraph (1) is discontinued;
``(D) shall have sole discretion concerning the use of an
exemption made available under paragraph (1), including the
initial or any subsequent beyond perimeter destinations to be
served; and
``(E) shall file a notice of intent with the Secretary and
subsequent notices of intent, when appropriate, to inform the
Secretary of any change in circumstances concerning the use of
any exemption made available under paragraph (1).
``(4) Notices of intent.--Notices of intent under paragraph
(3)(E) shall specify the beyond perimeter destination to be served
and the slots the carrier shall discontinue using to serve a large
hub airport located within the perimeter.
``(5) Conditions.--Beyond-perimeter flight operations carried
out by an air carrier using an exemption granted under this
subsection shall be subject to the following conditions:
``(A) An air carrier may not operate a multi-aisle or
widebody aircraft in conducting such operations.
``(B) An air carrier granted an exemption under this
subsection is prohibited from transferring the rights to its
beyond-perimeter exemptions pursuant to section 41714(j).
``(h) Scheduling Priority.--In administering this section, the
Secretary shall--
``(1) afford a scheduling priority to operations conducted by
new entrant air carriers and limited incumbent air carriers over
operations conducted by other air carriers granted additional slot
exemptions under subsection (g) for service to airports located
beyond the perimeter described in section 49109;
``(2) afford a scheduling priority to slot exemptions currently
held by new entrant air carriers and limited incumbent air carriers
for service to airports located beyond the perimeter described in
section 49109, to the extent necessary to protect viability of such
service; and
``(3) consider applications from foreign air carriers that are
certificated by the government of Canada if such consideration is
required by the bilateral aviation agreement between the United
States and Canada and so long as the conditions and limitations
under this section apply to such foreign air carriers.''.
(b) Hourly Limitation.--Section 41718(c)(2) is amended to read as
follows:
``(2) General exemptions.--
``(A) Hourly limitation.--The exemptions granted--
``(i) under subsections (a) and (b) and departures
authorized under subsection (g)(2) may not be for
operations between the hours of 10:00 p.m. and 7:00 a.m.;
and
``(ii) under subsections (a), (b), and (g) may not
increase the number of operations at Ronald Reagan
Washington National Airport in any 1-hour period during the
hours between 7:00 a.m. and 9:59 p.m. by more than 5
operations.
``(B) Use of existing slots.--A non-limited incumbent air
carrier utilizing an exemption authorized under subsection
(g)(3) for an arrival permitted between the hours of 10:01 p.m.
and 11:00 p.m. under this section shall discontinue use of an
existing slot during the same time period the arrival exemption
is operated.''.
(c) Limited Incumbent Definition.--Section 41714(h)(5) is amended--
(1) in subparagraph (A) by striking ``20'' and inserting
``40'';
(2) by amending subparagraph (B) to read as follows:
``(B) for purposes of such sections, the term `slot' shall
not include--
``(i) `slot exemptions';
``(ii) slots operated by an air carrier under a fee-
for-service arrangement for another air carrier, if the air
carrier operating such slots does not sell flights in its
own name, and is under common ownership with an air carrier
that seeks to qualify as a limited incumbent and that sells
flights in its own name; or
``(iii) slots held under a sale and license-back
financing arrangement with another air carrier, where the
slots are under the marketing control of the other air
carrier; and''.
(d) Transfer of Exemptions.--Section 41714(j) is amended by
striking the period at the end and inserting ``, except through an air
carrier merger or acquisition.''.
(e) Definition of Airport Purposes.--Section 49104(a)(2)(A) is
amended--
(1) in clause (ii) by striking ``or'' at the end;
(2) in clause (iii) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) a business or activity not inconsistent with the
needs of aviation that has been approved by the
Secretary.''.
SEC. 415. PASSENGER AIR SERVICE IMPROVEMENTS.
(a) In General.--Subtitle VII is amended by inserting after chapter
421 the following:
``CHAPTER 423--PASSENGER AIR SERVICE IMPROVEMENTS
``Sec.
``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.
``Sec. 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 of the
following air carriers and airport operators shall submit to the
Secretary of Transportation for review and approval an emergency
contingency plan in accordance with the requirements of this section:
``(1) An air carrier providing covered air transportation at a
commercial airport.
``(2) An operator of a commercial airport.
``(3) An operator of an airport used by an air carrier
described in paragraph (1) for diversions.
``(b) Air Carrier Plans.--
``(1) Plans for individual airports.--An air carrier shall
submit an emergency contingency plan under subsection (a) for--
``(A) each airport at which the carrier provides covered
air transportation; and
``(B) each airport at which the carrier has flights for
which the carrier 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 carrier will--
``(A) provide adequate food, potable water, restroom
facilities, comfortable cabin temperatures, and access to
medical treatment for passengers onboard an aircraft at the
airport when the departure of a flight is delayed or the
disembarkation of passengers is delayed;
``(B) share facilities and make gates available at the
airport in an emergency; and
``(C) allow passengers to deplane following an excessive
tarmac delay in accordance with paragraph (3).
``(3) Deplaning following an excessive tarmac delay.--For
purposes of paragraph (2)(C), an emergency contingency plan
submitted by an air carrier under subsection (a) shall incorporate
the following requirements:
``(A) A passenger shall have the option to deplane an
aircraft and return to the airport terminal when there is an
excessive tarmac delay.
``(B) The option described in subparagraph (A) shall be
offered to a passenger even if a flight in covered air
transportation is diverted to a commercial airport other than
the originally scheduled airport.
``(C) Notwithstanding the requirements described in
subparagraphs (A) and (B), a passenger shall not have an option
to deplane an aircraft and return to the airport terminal in
the case of an excessive tarmac delay if--
``(i) an air traffic controller with authority over the
aircraft advises the pilot in command that permitting a
passenger to deplane would significantly disrupt airport
operations; or
``(ii) the pilot in command determines that permitting
a passenger to deplane would jeopardize passenger safety or
security.
``(c) Airport Plans.--An emergency contingency plan submitted by an
airport operator under subsection (a) shall contain a description of
how the operator, to the maximum extent practicable, will--
``(1) provide for the deplanement of passengers following
excessive tarmac delays;
``(2) provide for the sharing of facilities and make gates
available at the airport in an emergency; and
``(3) provide a sterile area following excessive tarmac delays
for passengers who have not yet cleared United States Customs and
Border Protection.
``(d) Updates.--
``(1) Air carriers.--An air carrier shall update each emergency
contingency plan submitted by the 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 each
emergency contingency plan submitted by the operator under
subsection (a) every 5 years and submit the update to the Secretary
for review and approval.
``(e) Approval.--
``(1) In general.--Not later than 60 days after the date of the
receipt of an emergency contingency plan submitted under subsection
(a) or an update submitted under subsection (d), the Secretary
shall review and approve or, if necessary, require modifications to
the plan or update to ensure that the plan or update will
effectively address emergencies and provide for the health and
safety of passengers.
``(2) Failure to approve or require modifications.--If the
Secretary fails to approve or require modifications to a plan or
update under paragraph (1) within the timeframe specified in that
paragraph, the plan or update shall be deemed to be approved.
``(3) Adherence required.--An air carrier or airport operator
shall adhere to an emergency contingency plan of the carrier or
operator approved under this section.
``(f) Minimum Standards.--The Secretary shall establish, as
necessary or desirable, minimum standards for elements in an emergency
contingency plan required to be submitted under this section.
``(g) Public Access.--An air carrier or airport operator required
to submit an emergency contingency plan under this section shall ensure
public access to the plan after its approval under this section on the
Internet Web site of the carrier or operator or by such other means as
determined by the Secretary.
``(h) Reports.--Not later than 30 days after any flight experiences
an excessive tarmac delay, the air carrier responsible for such flight
shall submit a written description of the incident and its resolution
to the Aviation Consumer Protection Division of the Department of
Transportation.
``(i) Definitions.--In this section, the following definitions
apply:
``(1) Commercial airport.--The term `commercial airport' means
a large hub, medium hub, small hub, or nonhub airport.
``(2) Covered air transportation.--The term `covered air
transportation' means scheduled or public charter passenger air
transportation provided by an air carrier that operates an aircraft
that as originally designed has a passenger capacity of 30 or more
seats.
``(3) Tarmac delay.--The term `tarmac delay' means the period
during which passengers are on board an aircraft on the tarmac--
``(A) awaiting takeoff after the aircraft doors have been
closed or after passengers have been boarded if the passengers
have not been advised they are free to deplane; or
``(B) awaiting deplaning after the aircraft has landed.
``(4) Excessive tarmac delay.--The term `excessive tarmac
delay' means a tarmac delay that lasts for a length of time, as
determined by the Secretary.
``Sec. 42302. Consumer complaints
``(a) In General.--The Secretary of Transportation shall establish
a consumer complaints toll-free hotline telephone number for the use of
passengers in air transportation and shall take actions to notify the
public of--
``(1) that telephone number; and
``(2) the Internet Web site of the Aviation Consumer Protection
Division of the Department of Transportation.
``(b) Notice to Passengers on the Internet.--An air carrier or
foreign air carrier providing scheduled air transportation using any
aircraft that as originally designed has a passenger capacity of 30 or
more passenger seats shall include on the Internet Web site of the
carrier--
``(1) the hotline telephone number established under subsection
(a);
``(2) the e-mail address, telephone number, and mailing address
of the air carrier for the submission of complaints by passengers
about air travel service problems; and
``(3) the Internet Web site and mailing address of the Aviation
Consumer Protection Division of the Department of Transportation
for the submission of complaints by passengers about air travel
service problems.
``(c) Notice to Passengers on Boarding Documentation.--An air
carrier or foreign air carrier providing scheduled air transportation
using any aircraft that as originally designed has a passenger capacity
of 30 or more passenger seats shall include the hotline telephone
number established under subsection (a) on--
``(1) prominently displayed signs of the carrier at the airport
ticket counters in the United States where the air carrier
operates; and
``(2) any electronic confirmation of the purchase of a
passenger ticket for air transportation issued by the air carrier.
``Sec. 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 refer the purchaser of the
ticket to the Internet Web site established under subsection (a) for
additional information.''.
(b) Penalties.--Section 46301 is amended in subsections (a)(1)(A)
and (c)(1)(A) by inserting ``chapter 423,'' after ``chapter 421,''.
(c) Applicability of Requirements.--Except as otherwise 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.
(d) Clerical Amendment.--The analysis for subtitle VII is amended
by inserting after the item relating to chapter 421 the following:
``423. Passenger Air Service Improvements.......................42301''.
Subtitle B--Essential Air Service
SEC. 421. LIMITATION ON ESSENTIAL AIR SERVICE TO LOCATIONS THAT
AVERAGE FEWER THAN 10 ENPLANEMENTS PER DAY.
Section 41731 is amended--
(1) in subsection (a)(1) by amending subparagraph (B) to read
as follows:
``(B) had an average of 10 enplanements per service day
or more, as determined by the Secretary, during the most
recent fiscal year beginning after September 30, 2012;'';
(2) by amending subsection (c) to read as follows:
``(c) Exception for Locations in Alaska and Hawaii.--Subparagraphs
(B), (C), and (D) of subsection (a)(1) shall not apply with respect to
locations in the State of Alaska or the State of Hawaii.'';
(3) by amending subsection (d) to read as follows:
``(d) Exceptions for Locations More Than 175 Driving Miles From the
Nearest Large or Medium Hub Airport.--Subsection (a)(1)(B) shall not
apply with respect to locations that are more than 175 driving miles
from the nearest large or medium hub airport.''; and
(4) by adding at the end the following:
``(e) Waivers.--For fiscal year 2013 and each fiscal year
thereafter, the Secretary may waive, on an annual basis, subsection
(a)(1)(B) with respect to a location if the location demonstrates to
the Secretary's satisfaction that the reason the location averages
fewer than 10 enplanements per day is due to a temporary decline in
enplanements.
``(f) Definition.--For purposes of subsection (a)(1)(B), the term
`enplanements' means the number of passengers enplaning, at an eligible
place, on flights operated by the subsidized essential air service
carrier.''.
SEC. 422. ESSENTIAL AIR SERVICE ELIGIBILITY.
Section 41731(a)(1) is further amended--
(1) in subparagraph (C) by striking the period at the end and
inserting ``; and''; and
(2) by adding at the end the following:
``(D) is a community that, at any time during the period
between September 30, 2010, and September 30, 2011, inclusive--
``(i) received essential air service for which
compensation was provided to an air carrier under this
subchapter; or
``(ii) received a 90-day notice of intent to terminate
essential air service and the Secretary required the air
carrier to continue to provide such service to the
community.''.
SEC. 423. ESSENTIAL AIR SERVICE MARKETING.
Section 41733(c)(1) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) by striking ``and'' at the end of subparagraph (D); and
(3) by inserting after subparagraph (D) the following:
``(E) whether the air carrier has included a plan in its
proposal to market its services to the community; and''.
SEC. 424. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY
FOR SUBSIDIZED ESSENTIAL AIR SERVICE.
Section 41733 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, information to each community notified under paragraph (1)
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 basic essential air service
and the subsidy cap.''.
SEC. 425. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED TO BE
INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE.
Section 41733 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 or that the place is no longer an eligible place
pursuant to section 41731(a)(1)(B), 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.--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) if--
``(A) a State or local government submits to the Secretary
a proposal under paragraph (1); and
``(B) the Secretary determines that--
``(i) the rate of subsidy per passenger under the
proposal does not exceed the subsidy cap;
``(ii) the proposal is likely to result in an average
number of enplanements per day that will satisfy the
requirement in section 41731(a)(1)(B); and
``(iii) the proposal is consistent with the legal and
regulatory requirements of the essential air service
program.
``(h) Subsidy Cap Defined.--In this section, the term `subsidy cap'
means the subsidy-per-passenger cap established by section 332 of the
Department of Transportation and Related Agencies Appropriations Act,
2000 (Public Law 106-69; 113 Stat. 1022).''.
SEC. 426. 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) 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.
(c) Subsidy Cap.--Subject to the availability of funds, the
Secretary may waive, on a case-by-case basis, the subsidy-per-passenger
cap established by section 332 of the Department of Transportation and
Related Agencies Appropriations Act, 2000 (Public Law 106-69; 113 Stat.
1022). A waiver issued under this subsection shall remain in effect for
a limited period of time, as determined by the Secretary.
SEC. 427. ESSENTIAL AIR SERVICE 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 1
year 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 that
incorporate the amendments made by this section.
(c) Update.--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 an update of 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.
SEC. 428. ESSENTIAL AIR SERVICE REFORM.
(a) Authorization of Appropriations.--Section 41742(a) is amended--
(1) in paragraph (1)--
(A) by inserting ``for each fiscal year'' before ``is
authorized''; and
(B) by striking ``under this subchapter for each fiscal
year'' and inserting ``under this subchapter''; and
(2) in paragraph (2) by striking ``and $54,699,454 for the
period beginning on October 1, 2011, and ending on February 17,
2012,'' and inserting ``, $143,000,000 for fiscal year 2012,
$118,000,000 for fiscal year 2013, $107,000,000 for fiscal year
2014, and $93,000,000 for fiscal year 2015''.
(b) Distribution of Additional Funds.--Section 41742(b) is amended
to read as follows:
``(b) Distribution of Additional Funds.--Notwithstanding any other
provision of law, in any fiscal year in which funds credited to the
account established under section 45303, including the funds derived
from fees imposed under the authority contained in section 45301(a),
exceed the $50,000,000 made available under subsection (a)(1), such
funds shall be made available immediately for obligation and
expenditure to carry out the essential air service program under this
subchapter.''.
(c) Availability of Funds.--Section 41742 is amended by adding at
the end the following:
``(c) Availability of Funds.--The funds made available under this
section shall remain available until expended.''.
SEC. 429. 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 consolidate air service into one
regional airport.''.
(b) Extension of Authorization.--Section 41743(e)(2) is amended to
read as follows:
``(2) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary $6,000,000 for each of fiscal
years 2012 through 2015 to carry out this section. Such sums shall
remain available until expended.''.
SEC. 430. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION
PROGRAM.
Section 41747, and the item relating to section 41747 in the
analysis for chapter 417, are repealed.
SEC. 431. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE ADJUSTMENT
ELIGIBILITY.
Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
``February 17, 2012.'' and inserting ``September 30, 2015.''.
TITLE V--ENVIRONMENTAL STREAMLINING
SEC. 501. OVERFLIGHTS OF NATIONAL PARKS.
(a) General Requirements.--Section 40128(a)(1)(C) is amended by
inserting ``or voluntary agreement under subsection (b)(7)'' before
``for the park''.
(b) Exemption for National Parks With 50 or Fewer Flights Each
Year.--Section 40128(a) is amended by adding at the end the following:
``(5) Exemption for national parks with 50 or fewer flights
each year.--
``(A) In general.--Notwithstanding paragraph (1), a
national park that has 50 or fewer commercial air tour
operations over the park each 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.--
``(i) In general.--The Director and Administrator shall
jointly publish a list each year of national parks that are
covered by the exemption provided under this paragraph.
``(ii) Notification of withdrawal of exemption.--The
Director shall inform the Administrator, in writing, of
each determination to withdraw an exemption under
subparagraph (B).
``(D) Annual report.--A commercial air tour operator
conducting commercial air tour operations over a national park
that is exempt from the requirements of this section shall
submit to the Administrator and the Director a report each year
that includes the number of commercial air tour operations the
operator conducted during the preceding 1-year period over such
park.''.
(c) Air Tour Management Plans.--Section 40128(b) is amended--
(1) in paragraph (1) by adding at the end the following:
``(C) Exception.--An application to begin commercial air
tour operations at Crater Lake National Park may be denied
without the establishment of an air tour management plan by the
Director of the National Park Service if the Director
determines that such operations would adversely affect park
resources or visitor experiences.''; and
(2) 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 commercial air tour operator and an
operator that has interim operating authority) that has applied
to conduct commercial 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 review.--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.--
``(i) In general.--A voluntary agreement under this
paragraph may be terminated at any time at the discretion
of--
``(I) the Director, if the Director determines that
the agreement is not adequately protecting park
resources or visitor experiences; or
``(II) the Administrator, if the Administrator
determines that the agreement is adversely affecting
aviation safety or the national aviation system.
``(ii) Effect of termination.--If a voluntary agreement
with respect to a national park is terminated under this
subparagraph, 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.''.
(d) Interim Operating Authority.--Section 40128(c) is amended--
(1) 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 subsection, if--
``(i) adequate information regarding the existing and
proposed operations of the operator 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 professional expertise of the Director
regarding the protection of the resources, values, and
visitor use and enjoyment of the park.''; and
(2) in paragraph (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 proposed operations
of the operator 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.''.
(e) Operator Reports.--Section 40128 is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Commercial Air Tour Operator Reports.--
``(1) Report.--Each commercial air tour operator conducting a
commercial air tour operation over a national park under interim
operating authority granted under subsection (c) or in accordance
with an air tour management plan or voluntary agreement under
subsection (b) shall submit to the Administrator and the Director a
report regarding the number of commercial air tour operations over
each national park that are conducted by the operator 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 90 days after the date
of enactment of the FAA Modernization and Reform Act of 2012, the
Administrator and the Director shall jointly issue an initial
request for reports under this subsection. The reports shall be
submitted to the Administrator and the Director with a frequency
and in a format prescribed by the Administrator and the
Director.''.
SEC. 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) as necessary, consult with the State to describe the
supplemental analysis the State must provide to meet applicable
Federal requirements.''.
SEC. 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;
``(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; and
``(5) to facilitate the timely processing, review, and
completion of environmental activities associated with new or
amended flight procedures, including performance-based navigation
procedures, such as required navigation performance procedures and
area navigation procedures.''.
SEC. 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.''.
SEC. 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:
``(f) 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.''.
SEC. 506. 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:
``Sec. 47534. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise levels
``(a) Prohibition.--Except as otherwise provided by this section,
after December 31, 2015, 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) Aircraft Operations Outside 48 Contiguous States.--Subsection
(a) shall not apply to aircraft operated only outside the 48 contiguous
States.
``(c) Temporary Operations.--The Secretary may allow temporary
operation of an aircraft 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 an emergency situation.
``(8) To divert the aircraft to an alternative airport in the
48 contiguous States on account of weather, mechanical, fuel, air
traffic control, or other safety reasons while conducting a flight
in order to perform any of the activities described in paragraphs
(1) through (7).
``(d) Regulations.--The Secretary may prescribe such regulations or
other guidance as may be necessary for the implementation of this
section.
``(e) Statutory Construction.--
``(1) AIP grant assurances.--Noncompliance with subsection (a)
shall not be construed as a violation of section 47107 or any
regulations prescribed thereunder.
``(2) Pending applications.--Nothing in this 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) Penalties.--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) Judicial review.--Section 47532 is amended by inserting
``or 47534'' after ``47528-47531''.
(3) Analysis.--The analysis for subchapter II of chapter 475 is
amended--
(A) by striking the item relating to section 47531 and
inserting the following:
``47531. Penalties.''; and
(B) 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.''.
SEC. 507. 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 $2,500,000 may be
expended under the pilot program at any single public-use airport.
SEC. 508. HIGH PERFORMANCE, SUSTAINABLE, AND COST-EFFECTIVE AIR
TRAFFIC CONTROL FACILITIES.
The Administrator of the Federal Aviation Administration may
implement, to the 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 at, improve the environmental performance of, and reduce
the cost of maintenance for such facilities.
SEC. 509. 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, completed in Chicago on December 7, 1944 (TIAS 1591;
commonly known as the ``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;
(2) the European Union and its member states should instead
work with other contracting states of ICAO to develop a consensual
approach to addressing aircraft greenhouse gas emissions through
ICAO; and
(3) officials of the United States Government, and particularly
the Secretary of Transportation and the Administrator of the
Federal Aviation Administration, should use all political,
diplomatic, and legal tools at the disposal of the United States to
ensure that the European Union's emissions trading scheme is not
applied to aircraft registered by the United States or the
operators of those aircraft, including the mandates that United
States carriers provide emissions data to and purchase emissions
allowances from or surrender emissions allowances to the European
Union Member States.
SEC. 510. AVIATION NOISE COMPLAINTS.
Not later than 90 days 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.
SEC. 511. PILOT PROGRAM FOR ZERO-EMISSION AIRPORT VEHICLES.
(a) In General.--Chapter 471 is amended by inserting after section
47136 the following:
``Sec. 47136a. Zero-emission airport vehicles and infrastructure
``(a) In General.--The Secretary of Transportation may establish a
pilot program under which the sponsor of a public-use airport may use
funds made available under section 47117 or section 48103 for use at
such airport to carry out activities associated with the acquisition
and operation of zero-emission vehicles (as defined in section 88.102-
94 of title 40, Code of Federal Regulations), including the
construction or modification of infrastructure to facilitate the
delivery of fuel and services necessary for the use of such vehicles.
``(b) Location in Air Quality Nonattainment Areas.--
``(1) In general.--A public-use airport may be eligible for
participation in the program only if the airport is located in a
nonattainment area (as defined in section 171 of the Clean Air Act
(42 U.S.C. 7501)).
``(2) Shortage of applicants.--If the Secretary receives an
insufficient number of applications from public-use airports
located in such areas, the Secretary may permit public-use airports
that are not located in such areas to participate in the program.
``(c) Selection Criteria.--In selecting from among applicants for
participation in the program, the Secretary shall give priority
consideration to applicants that will achieve the greatest air quality
benefits measured by the amount of emissions reduced per dollar of
funds expended under the program.
``(d) Federal Share.--Notwithstanding any other provision of this
subchapter, the Federal share of the costs of a project carried out
under the program shall be 50 percent.
``(e) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport carrying
out activities funded under the program may not use more than 10
percent of the amounts made available under the program in any
fiscal year for technical assistance in carrying out such
activities.
``(2) Use of university transportation center.--Participants in
the program may use a university transportation center receiving
grants under section 5506 in the region of the airport to receive
the technical assistance described in paragraph (1).
``(f) Materials Identifying Best Practices.--The Secretary may
develop and make available materials identifying best practices for
carrying out activities funded under the program based on projects
carried out under section 47136 and other sources.''.
(b) Report on Effectiveness of Program.--Not later than 18 months
after the date of enactment of this Act, the Secretary of
Transportation shall submit to the Committee on Science, Space, and
Technology and 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 program
established by section 47136a of title 49, United States Code (as
added by this section);
(2) the performance measures used to measure such
effectiveness, such as the goals for the projects implemented and
the amount of emissions reduction achieved through these projects;
(3) an assessment of the sufficiency of the data collected
during the program to make a decision on whether or not to
implement the program;
(4) an identification of all public-use airports that expressed
an interest in participating in the program; and
(5) a description of the mechanisms used by the Secretary to
ensure that the information and expertise gained by participants in
the program is transferred among the participants and to other
interested parties, including other public-use airports.
(c) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 47136 the following:
``47136a. Zero-emission airport vehicles and infrastructure.''.
(d) Technical Amendment.--Section 47136(f)(2) is amended--
(1) in the paragraph heading by striking ``Eligible
consortium'' and inserting ``University transportation center'';
and
(2) by striking ``an eligible consortium'' and inserting ``a
university transportation center''.
SEC. 512. INCREASING THE ENERGY EFFICIENCY OF AIRPORT POWER
SOURCES.
(a) In General.--Chapter 471 is amended by inserting after section
47140 the following:
``Sec. 47140a. Increasing the energy efficiency of airport power
sources
``(a) In General.--The Secretary of Transportation shall establish
a program under which the Secretary shall encourage the sponsor of each
public-use airport to assess the airport's energy requirements,
including heating and cooling, base load, back-up power, and power for
on-road airport vehicles and ground support equipment, in order to
identify opportunities to increase energy efficiency at the airport.
``(b) Grants.--
``(1) In general.--The Secretary may make grants from amounts
made available under section 48103 to assist airport sponsors that
have completed the assessment described in subsection (a) to
acquire or construct equipment, including hydrogen equipment and
related infrastructure, that will increase energy efficiency at the
airport.
``(2) Application.--To be eligible for a grant under paragraph
(1), the sponsor of a public-use airport shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 47140 the following:
``47140a. Increasing the energy efficiency of airport power sources.''.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT
SYSTEM.
Section 40122(a) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), 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
FAA Modernization and Reform Act of 2012); 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) Mid-term bargaining.--If the services of the Federal
Mediation and Conciliation Service under subparagraph (A)(i) do
not lead to the resolution of issues in controversy arising
from the negotiation of a mid-term collective-bargaining
agreement, the Federal Service Impasses Panel shall assist the
parties in resolving the impasse in accordance with section
7119 of title 5.
``(C) Binding arbitration for term bargaining.--
``(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 the
resolution of issues in controversy arising from the
negotiation of a term collective-bargaining 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. Not later than 10 days
after 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 not
later than 7 days after being selected. If either of the
parties fails to select a person or if the 2 arbitrators
are unable to agree on the third person in 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) Matters for consideration.--The arbitration
board shall take into consideration such factors as--
``(I) the effect of its arbitration decisions on
the Federal Aviation Administration's ability to
attract and retain a qualified workforce;
``(II) the effect of its arbitration decisions on
the Federal Aviation Administration's budget; and
``(III) any other factors whose consideration would
assist the board in fashioning a fair and equitable
award.
``(vii) 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)(C), 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 the final agreement
shall be subject to approval by the head of the agency in
accordance with the provisions referred to in subsection
(g)(2)(C).''.
SEC. 602. PRESIDENTIAL RANK AWARD PROGRAM.
Section 40122(g)(2) is amended--
(1) in subparagraph (G) by striking ``and'' after the
semicolon;
(2) in subparagraph (H) by striking ``Board.'' and inserting
``Board; and''; and
(3) by adding at the end the following:
``(I) subsections (b), (c), and (d) of section 4507
(relating to Meritorious Executive or Distinguished Executive
rank awards) and subsections (b) and (c) of section 4507a
(relating to Meritorious Senior Professional or Distinguished
Senior Professional rank awards), except that--
``(i) for purposes of applying such provisions to the
personnel management system--
``(I) the term `agency' means the Department of
Transportation;
``(II) the term `senior executive' means a Federal
Aviation Administration executive;
``(III) the term `career appointee' means a Federal
Aviation Administration career executive; and
``(IV) the term `senior career employee' means a
Federal Aviation Administration career senior
professional;
``(ii) receipt by a career appointee or a senior career
employee of the rank of Meritorious Executive or
Meritorious Senior Professional entitles the individual to
a lump-sum payment of an amount equal to 20 percent of
annual basic pay, which shall be in addition to the basic
pay paid under the Federal Aviation Administration
Executive Compensation Plan; and
``(iii) receipt by a career appointee or a senior
career employee of the rank of Distinguished Executive or
Distinguished Senior Professional entitles the individual
to a lump-sum payment of an amount equal to 35 percent of
annual basic pay, which shall be in addition to the basic
pay paid under the Federal Aviation Administration
Executive Compensation Plan.''.
SEC. 603. COLLEGIATE TRAINING INITIATIVE STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study on training options for graduates of the Collegiate
Training Initiative program (in this section referred to as ``CTI''
programs) conducted under section 44506(c) of title 49, United States
Code.
(b) Contents.--The study shall analyze the impact of providing as
an alternative to the current training provided at the Mike Monroney
Aeronautical Center of the Federal Aviation Administration a new air
traffic controller orientation session at such Center for graduates of
CTI programs followed by on-the-job training for such new air traffic
controllers who are graduates of CTI programs and shall include an
analysis of--
(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
CTI programs.
(c) Report.--Not later than 180 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.
SEC. 604. FRONTLINE MANAGER STAFFING.
(a) Study.--Not later than 45 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration
shall commission an independent study on frontline manager staffing
requirements in air traffic control facilities.
(b) Considerations.--In conducting the study, the Administrator may
take into consideration--
(1) the managerial tasks expected to be performed by frontline
managers, including employee development, management, and
counseling;
(2) the number of supervisory positions of operation requiring
watch coverage in each air traffic control facility;
(3) coverage requirements in relation to traffic demand;
(4) facility type;
(5) complexity of traffic and managerial responsibilities;
(6) proficiency and training requirements; and
(7) such other factors as the Administrator considers
appropriate.
(c) Participation.--The Administrator shall ensure the
participation of frontline managers who currently work in safety-
related operational areas of the Administration.
(d) Determinations.--The Administrator shall transmit any
determinations made as a result of the study to the heads of the
appropriate lines of business within the Administration, including the
Chief Operating Officer of the Air Traffic Organization.
(e) Report.--Not later than 9 months after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the study and a description of any
determinations submitted to the Chief Operating Officer under
subsection (d).
(f) Definition.--In this section, the term ``frontline manager''
means first-level, operational supervisors and managers who work in
safety-related operational areas of the Administration.
SEC. 605. FAA TECHNICAL TRAINING AND STAFFING.
(a) Study.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall conduct a study to assess the adequacy of the
Administrator's technical training strategy and improvement plan
for airway transportation systems specialists (in this section
referred to as ``FAA systems specialists'').
(2) Contents.--The study shall include--
(A) a review of the current technical training strategy and
improvement plan for FAA systems specialists;
(B) recommendations to improve the technical training
strategy and improvement plan needed by FAA systems specialists
to be proficient in the maintenance of the latest technologies;
(C) a description of actions that the Administration has
undertaken to ensure that FAA systems specialists receive up-
to-date training on the latest technologies; and
(D) a recommendation regarding the most cost-effective
approach to provide training to FAA systems specialists.
(3) Report.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study.
(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) Consultation.--In conducting the study, the National
Academy of Sciences shall--
(A) consult with the exclusive bargaining representative
certified under section 7111 of title 5, United States Code;
and
(B) include recommendations for objective staffing
standards that maintain the safety of the national airspace
system.
(3) Report.--Not later than 1 year after the initiation of the
arrangements under paragraph (1), the National Academy of Sciences
shall submit to Congress a report on the results of the study.
SEC. 606. SAFETY CRITICAL STAFFING.
(a) In General.--Not later than October 1, 2012, the Administrator
of the Federal Aviation Administration shall implement, in as cost-
effective a manner as possible, the staffing model for aviation safety
inspectors developed pursuant to the National Academy of Sciences study
entitled ``Staffing Standards for Aviation Safety Inspectors''. In
doing so, the Administrator shall consult with interested persons,
including the exclusive bargaining representative for aviation safety
inspectors certified under section 7111 of title 5, United States Code.
(b) Report.--Not later than January 1 of each year beginning after
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,
the staffing model described in subsection (a).
SEC. 607. AIR TRAFFIC CONTROL SPECIALIST QUALIFICATION TRAINING.
Section 44506 is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Air Traffic Control Specialist Qualification Training.--
``(1) Appointment of air traffic control specialists.--The
Administrator is authorized to appoint a qualified air traffic
control specialist candidate for placement in an airport traffic
control facility if the candidate has--
``(A) received a control tower operator certification
(referred to in this subsection as a `CTO' certificate); and
``(B) satisfied all other applicable qualification
requirements for an air traffic control specialist position,
including successful completion of orientation training at the
Federal Aviation Administration Academy.
``(2) Compensation and benefits.--An individual appointed under
paragraph (1) shall receive the same compensation and benefits, and
be treated in the same manner as, any other individual appointed as
a developmental air traffic controller.
``(3) Report.--Not later than 2 years after the date of
enactment of the FAA Modernization and Reform Act of 2012, the
Administrator shall submit to Congress a report that evaluates the
effectiveness of the air traffic control specialist qualification
training provided pursuant to this section, including the
graduation rates of candidates who received a CTO certificate and
are working in airport traffic control facilities.
``(4) Additional appointments.--If the Administrator determines
that air traffic control specialists appointed pursuant to this
subsection are more successful in carrying out the duties of an air
traffic controller than air traffic control specialists hired from
the general public without any such certification, the
Administrator shall increase, to the maximum extent practicable,
the number of appointments of candidates who possess such
certification.
``(5) Reimbursement for travel expenses associated with
certifications.--
``(A) In general.--Subject to subparagraph (B), the
Administrator may accept reimbursement from an educational
entity that provides training to an air traffic control
specialist candidate to cover reasonable travel expenses of the
Administrator associated with issuing certifications to such
candidates.
``(B) Treatment of reimbursements.--Notwithstanding section
3302 of title 31, any reimbursement authorized to be collected
under subparagraph (A) shall--
``(i) be credited as offsetting collections to the
account that finances the activities and services for which
the reimbursement is accepted;
``(ii) be available for expenditure only to pay the
costs of activities and services for which the
reimbursement is accepted, including all costs associated
with collecting such reimbursement; and
``(iii) remain available until expended.''.
SEC. 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 air traffic controller standards 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 in the most cost effective
manner.
(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, and other interested parties, including Government and
industry representatives.
(c) Contents.--The study shall include--
(1) an examination of representative information on
productivity, human factors, traffic activity, and improved
technology and equipment used in air traffic control;
(2) an examination of recent National Academy of Sciences
reviews of the complexity model performed by MITRE Corporation that
support the staffing standards models for the en route air traffic
control environment; and
(3) consideration of the Administration's current and estimated
budgets and the most cost-effective staffing model to best leverage
available funding.
(d) Report.--Not later than 2 years 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.
SEC. 609. AIR TRAFFIC CONTROLLER TRAINING AND SCHEDULING.
(a) Training Strategy and Improvement Plan.--The Administrator of
the Federal Aviation Administration shall conduct a study to assess the
adequacy of training programs for air traffic controllers, including
the Administrator's technical training strategy and improvement plan
for air traffic controllers.
(1) Contents.--The study shall include--
(A) a review of the current training system for air traffic
controllers, including the technical training strategy and
improvement plan;
(B) an analysis of the competencies required of air traffic
controllers for successful performance in the current and
future projected air traffic control environment;
(C) an analysis of the competencies projected to be
required of air traffic controllers as the Federal Aviation
Administration transitions to the Next Generation Air
Transportation System;
(D) an analysis of various training approaches available to
satisfy the air traffic controller competencies identified
under subparagraphs (B) and (C);
(E) recommendations to improve the current training system
for air traffic controllers, including the technical training
strategy and improvement plan; and
(F) the most cost-effective approach to provide training to
air traffic controllers.
(2) Report.--Not later than 270 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.
(b) Facility Training Program.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall conduct a
comprehensive review and evaluation of its Academy and facility
training efforts. The Administrator shall--
(1) clarify responsibility for oversight and direction of the
Academy's facility training program at the national level;
(2) communicate information concerning that responsibility to
facility managers; and
(3) establish standards to identify the number of developmental
air traffic controllers that can be accommodated at each facility,
based on--
(A) the number of available on-the-job training
instructors;
(B) available classroom space;
(C) the number of available simulators;
(D) training requirements; and
(E) the number of recently placed new personnel already in
training.
(c) Air Traffic Controller Scheduling.--Not later than 60 days
after the date of enactment of this Act, the Inspector General of the
Department of Transportation shall conduct an assessment of the Federal
Aviation Administration's air traffic controller scheduling practices.
(1) Contents.--The assessment shall include, at a minimum--
(A) an analysis of how air traffic controller schedules are
determined;
(B) an evaluation of how safety is taken into consideration
when schedules are being developed and adopted;
(C) an evaluation of scheduling practices that are cost
effective to the Government;
(D) an examination of how scheduling practices impact air
traffic controller performance; and
(E) any recommendations the Inspector General may have
related to air traffic controller scheduling practices.
(2) Report.--Not later than 120 days 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
assessment conducted under this subsection.
SEC. 610. FAA FACILITY CONDITIONS.
(a) Study.--The Comptroller General of the United States shall
conduct a study of and review--
(1) the conditions of a sampling of Federal Aviation
Administration facilities across the United States, including
offices, towers, centers, and terminal radar air control;
(2) 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;
(3) conditions of such facilities that could interfere with
such employees' ability to effectively and safely perform their
duties;
(4) the ability of managers and supervisors of such employees
to promptly document and seek remediation for unsafe facility
conditions;
(5) whether employees of the Administration who report
facility-related illnesses are treated appropriately;
(6) utilization of scientifically approved remediation
techniques to mitigate hazardous conditions in accordance with
applicable State and local regulations and Occupational Safety and
Health Administration practices by the Administration; and
(7) resources allocated to facility maintenance and renovation
by the Administration.
(b) Facility Condition Indices.--The Comptroller General shall
review the facility condition indices of the Administration for
inclusion in the recommendations under subsection (c).
(c) Recommendations.--Based on the results of the study and review
of facility condition indices under subsection (a), the Comptroller
General shall make such recommendations as the Comptroller General
considers necessary--
(1) to prioritize those facilities needing the most immediate
attention based on risks to employee health and safety;
(2) to ensure that the Administration is using scientifically
approved remediation techniques in all facilities; and
(3) to assist the Administration in making programmatic changes
so that aging facilities do not deteriorate to unsafe levels.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Administrator,
the Committee on Commerce, Science, and Transportation of the Senate,
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on results of the study, including the
recommendations under subsection (c).
SEC. 611. TECHNICAL CORRECTION.
Section 40122(g)(3) is amended by adding at the end the following:
``Notwithstanding any other provision of law, retroactive to April 1,
1996, the Board shall have the same remedial authority over such
employee appeals that it had as of March 31, 1996.''.
TITLE VII--AVIATION INSURANCE
SEC. 701. GENERAL AUTHORITY.
Section 44302(f)(1) is amended by striking ``shall extend through''
and all that follows through ``the termination date'' and inserting
``shall extend through September 30, 2013, and may extend through
December 31, 2013, the termination date''.
SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD-PARTY LIABILITY OF
AIR CARRIERS ARISING OUT OF ACTS OF TERRORISM.
The first sentence of section 44303(b) is amended by striking
``ending on'' and all that follows through ``the Secretary may
certify'' and inserting ``ending on December 31, 2013, the Secretary
may certify''.
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.
The second sentence of section 44304 is amended by striking ``the
carrier'' and inserting ``any insurance carrier''.
SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.
The second sentence of section 44308(c)(1) is amended by striking
``agent'' and inserting ``agent, or a claims adjuster who is
independent of the underwriting agent,''.
TITLE VIII--MISCELLANEOUS
SEC. 801. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST OF
NATIONAL SECURITY.
Section 40119(b) is amended by adding at the end the following:
``(4) Section 552a of title 5 shall not apply to disclosures that
the Administrator 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.''.
SEC. 802. FAA AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD CHECKS.
(a) In General.--Chapter 401 is amended by adding at the end the
following:
``Sec. 40130. FAA authority to conduct criminal history record checks
``(a) Criminal History Background Checks.--
``(1) Access to information.--The Administrator of the Federal
Aviation Administration, for certification purposes of the
Administration only, is authorized--
``(A) to conduct, in accordance with the established
request process, a criminal history background check of an
airman in the criminal repositories of the Federal Bureau of
Investigation and States by submitting positive identification
of the airman to a fingerprint-based repository in compliance
with section 217 of the National Crime Prevention and Privacy
Compact Act of 1998 (42 U.S.C. 14616); and
``(B) to receive relevant criminal history record
information regarding the airman checked.
``(2) Release of information.--In accessing a repository
referred to in paragraph (1), the Administrator shall be subject to
the conditions and procedures established by the Department of
Justice or the State, as appropriate, for other governmental
agencies conducting background checks for noncriminal justice
purposes.
``(3) Limitation.--The Administrator may not use the authority
under paragraph (1) to conduct criminal investigations.
``(4) Reimbursement.--The Administrator may collect
reimbursement to process the fingerprint-based checks under this
subsection, to be used for expenses incurred, including Federal
Bureau of Investigation fees, in providing these services.
``(b) Designated Employees.--The Administrator shall designate, by
order, employees of the Administration who may carry out the authority
described in subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 401 is amended by
adding at the end the following:
``40130. FAA authority to conduct criminal history record checks.''.
SEC. 803. CIVIL PENALTIES TECHNICAL AMENDMENTS.
Section 46301 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(A) by inserting ``chapter 451,''
before ``section 47107(b)'';
(2) in subsection (a)(5)(A)(i)--
(A) by striking ``or chapter 449'' and inserting ``chapter
449''; and
(B) by inserting after ``44909)'' the following: ``, or
chapter 451'';
(3) in subsection (d)(2)--
(A) in the first sentence--
(i) by striking ``44723) or'' and inserting the
following: ``44723), chapter 451,'';
(ii) by striking ``46302'' and inserting ``section
46302''; and
(iii) by striking ``46318, or 47107(b)'' and inserting
``section 46318, section 46319, or section 47107(b)''; and
(B) in the second sentence--
(i) by striking ``46302'' and inserting ``section
46302'';
(ii) by striking ``46303,'' and inserting ``or section
46303 of this title''; and
(iii) by striking ``such chapter 449'' and inserting
``any of those provisions''; and
(4) in subsection (f)(1)(A)(i)--
(A) by striking ``or chapter 449'' and inserting ``chapter
449''; and
(B) by inserting after ``44909)'' the following: ``, or
chapter 451''.
SEC. 804. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND
FACILITIES.
(a) National Facilities Realignment and Consolidation Report.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall develop a report, to be known as the National
Facilities Realignment and Consolidation Report, in accordance with
the requirements of this subsection.
(2) Purpose.--The purpose of the report shall be--
(A) to support the transition to the Next Generation Air
Transportation System; and
(B) to reduce capital, operating, maintenance, and
administrative costs of the FAA where such cost reductions can
be implemented without adversely affecting safety.
(3) Contents.--The report shall include--
(A) recommendations of the Administrator on realignment and
consolidation of services and facilities (including regional
offices) of the FAA; and
(B) for each of the recommendations, a description of--
(i) the Administrator's justification;
(ii) the projected costs and savings; and
(iii) the proposed timing for implementation.
(4) Input.--The report shall be developed by the Administrator
(or the Administrator's designee)--
(A) in coordination with the Chief NextGen Officer and the
Chief Operating Officer of the Air Traffic Organization of the
FAA; and
(B) with the participation of--
(i) representatives of labor organizations representing
operations and maintenance employees of the air traffic
control system; and
(ii) industry stakeholders.
(5) Submission to congress.--Not later than 120 days after the
date of enactment of this Act, the Administrator shall submit the
report to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(6) Public notice and comment.--The Administrator shall publish
the report in the Federal Register and allow 45 days for the
submission of public comments.
(b) Report to Congress Containing Recommendations of
Administrator.--Not later than 60 days after the last day of the period
for public comment under subsection (a)(6), the Administrator shall
submit to the committees specified in subsection (a)(5)--
(1) a report containing the recommendations of the
Administrator on realignment and consolidation of services and
facilities (including regional offices) of the FAA; and
(2) copies of any public comments received by the Administrator
under subsection (a)(6).
(c) Realignment and Consolidation of FAA Services and Facilities.--
Except as provided in subsection (d), the Administrator shall realign
and consolidate the services and facilities of the FAA in accordance
with the recommendations included in the report submitted under
subsection (b).
(d) Congressional Disapproval.--
(1) In general.--The Administrator may not carry out a
recommendation for realignment or consolidation of services or
facilities of the FAA that is included in the report submitted
under subsection (b) if a joint resolution of disapproval is
enacted disapproving such recommendation before the earlier of--
(A) the last day of the 30-day period beginning on the date
of submission of the report; or
(B) the adjournment of Congress sine die for the session
during which the report is transmitted.
(2) Computation of 30-day period.--For purposes of paragraph
(1)(A), the days on which either House of Congress is not in
session because of an adjournment of more than 3 days to a day
certain shall be excluded in computation of the 30-day period.
(e) Definitions.--In this section, the following definitions apply:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) Realignment; consolidation.--
(A) In general.--The terms ``realignment'' and
``consolidation'' include any action that--
(i) relocates functions, services, or personnel
positions;
(ii) discontinues or severs existing facility functions
or services; or
(iii) combines the results described in clauses (i) and
(ii).
(B) Exclusion.--The terms do not include a reduction in
personnel resulting from workload adjustments.
SEC. 805. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO AIRCRAFT.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration, in
consultation with appropriate air carriers, aircraft manufacturers, and
air carrier labor representatives, shall conduct a study to assess the
feasibility of developing a physical means, or a combination of
physical and procedural means, to prohibit individuals other than
authorized flight crewmembers from accessing the flight deck of an all-
cargo aircraft.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study.
SEC. 806. CONSOLIDATION OR ELIMINATION OF OBSOLETE, REDUNDANT, OR
OTHERWISE UNNECESSARY REPORTS; USE OF ELECTRONIC MEDIA FORMAT.
(a) Consolidation or Elimination of Reports.--Not later than 2
years after the date of enactment of this Act, and every 2 years
thereafter, the Administrator of the Federal Aviation Administration
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report containing--
(1) a list of obsolete, redundant, or otherwise unnecessary
reports the Administration is required by law to submit to Congress
or publish that the Administrator recommends eliminating or
consolidating with other reports; and
(2) an estimate of the cost savings that would result from the
elimination or consolidation of those reports.
(b) Use of Electronic Media for Reports.--
(1) In general.--Notwithstanding any other provision of law,
the Administration--
(A) may not publish any report required or authorized by
law in a printed format; and
(B) shall publish any such report by posting it on the
Administration's Internet Web site in an easily accessible and
downloadable electronic format.
(2) Exception.--Paragraph (1) does not apply to any report with
respect to which the Administrator determines that--
(A) its publication in a printed format is essential to the
mission of the Administration; or
(B) its publication in accordance with the requirements of
paragraph (1) would disclose matter--
(i) described in section 552(b) of title 5, United
States Code; or
(ii) the disclosure of which would have an adverse
impact on aviation safety or security, as determined by the
Administrator.
SEC. 807. PROHIBITION ON USE OF CERTAIN FUNDS.
The Secretary of Transportation may not use any funds made
available pursuant to this Act (including any amendment made by this
Act) to name, rename, designate, or redesignate any project or program
authorized by this Act (including any amendment made by this Act) for
an individual then serving in Congress as a Member, Delegate, Resident
Commissioner, or Senator.
SEC. 808. STUDY ON AVIATION FUEL PRICES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study and report to Congress on the impact of increases
in aviation fuel prices on the Airport and Airway Trust Fund and the
aviation industry in general.
(b) Contents.--The study shall include an assessment of the impact
of increases in aviation fuel prices on--
(1) general aviation;
(2) commercial passenger aviation;
(3) piston aircraft purchase and use;
(4) the aviation services industry, including repair and
maintenance services;
(5) aviation manufacturing;
(6) aviation exports; and
(7) the use of small airport installations.
(c) Assumptions About Aviation Fuel Prices.--In conducting the
study required by subsection (a), the Comptroller General shall use the
average aviation fuel price for fiscal year 2010 as a baseline and
measure the impact of increases in aviation fuel prices that range from
5 percent to 200 percent over the 2010 baseline.
SEC. 809. WIND TURBINE LIGHTING.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study on wind turbine lighting systems.
(b) Contents.--In conducting the study, the Administrator shall
examine the following:
(1) The aviation safety issues associated with alternative
lighting strategies, technologies, and regulations.
(2) The feasibility of implementing alternative lighting
strategies or technologies to improve aviation safety.
(3) Any other issue relating to wind turbine lighting.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to Congress a report on the
results of the study, including information and recommendations
concerning the issues examined under subsection (b).
SEC. 810. AIR-RAIL CODE SHARING STUDY.
(a) Code Share Study.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate a study regarding--
(1) existing airline and intercity passenger rail code sharing
arrangements; and
(2) the feasibility, costs to taxpayers and other parties, and
benefits of increasing the intermodal connectivity of airline and
intercity passenger rail facilities and systems to improve
passenger travel.
(b) Considerations.--In conducting the study, the Comptroller
General shall consider--
(1) the potential costs to taxpayers and other parties and
benefits of the implementation of more integrated scheduling
between airlines and Amtrak or other intercity passenger rail
carriers achieved through code sharing arrangements;
(2) airport and intercity passenger rail operations that can
improve connectivity between airports and intercity passenger rail
facilities and stations;
(3) the experience of other countries with respect to airport
and intercity passenger rail connectivity; and
(4) such other issues the Comptroller General considers
appropriate.
(c) Report.--Not later than 1 year after initiating the study
required by subsection (a), the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study, including any
conclusions of the Comptroller General resulting from the study.
SEC. 811. D.C. METROPOLITAN AREA SPECIAL FLIGHT RULES AREA.
(a) Submission of Plan to Congress.--Not later than 180 days after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration, in consultation with the Secretary of Homeland
Security and the Secretary of Defense, shall submit to the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a plan for the D.C.
Metropolitan Area Special Flight Rules Area.
(b) Contents of Plan.--The plan shall outline specific changes to
the D.C. Metropolitan Area Special Flight Rules Area that will decrease
operational impacts and improve general aviation access to airports in
the National Capital Region that are currently impacted by the zone.
SEC. 812. FAA REVIEW AND REFORM.
(a) Agency Review.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall undertake a thorough review of each program,
office, and organization within the Administration, including the Air
Traffic Organization, to identify--
(1) duplicative positions, programs, roles, or offices;
(2) wasteful practices;
(3) redundant, obsolete, or unnecessary functions;
(4) inefficient processes; and
(5) ineffectual or outdated policies.
(b) Actions To Streamline and Reform FAA.--Not later than 120 days
after the date of enactment of this Act, the Administrator shall
undertake such actions as may be necessary to address the
Administrator's findings under subsection (a), including--
(1) consolidating, phasing-out, or eliminating duplicative
positions, programs, roles, or offices;
(2) eliminating or streamlining wasteful practices;
(3) eliminating or phasing-out redundant, obsolete, or
unnecessary functions;
(4) reforming and streamlining inefficient processes so that
the activities of the Administration are completed in an expedited
and efficient manner; and
(5) reforming or eliminating ineffectual or outdated policies.
(c) Authority.--Notwithstanding any other provision of law, the
Administrator shall have the authority to undertake the actions
required under subsection (b).
(d) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the Administrator shall submit to Congress a
report on the actions taken by the Administrator under this section,
including any recommendations for legislative or administrative
actions.
SEC. 813. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS.
(a) In General.--Notwithstanding any other provision of law, the
Administrator of the Federal Aviation Administration may declare
certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport to be
revenue greater than the amount needed to carry out the 5-year
projected maintenance needs of the airport in order to comply with the
applicable design and safety standards of the Administration.
(b) Use of Revenue.--An airport sponsor that is in compliance with
the conditions under subsection (c) may allocate revenue identified by
the Administrator under subsection (a) for Federal, State, or local
transportation infrastructure projects carried out by the airport
sponsor or by a governing body within the geographical limits of the
airport sponsor's jurisdiction.
(c) Conditions.--An airport sponsor may not allocate revenue
identified by the Administrator under subsection (a) unless the airport
sponsor--
(1) enters into a written agreement with the Administrator that
sets forth a 5-year capital improvement program for the airport,
which--
(A) includes the projected costs for the operation,
maintenance, and capacity needs of the airport in order to
comply with applicable design and safety standards of the
Administration; and
(B) appropriately adjusts such costs to account for
inflation;
(2) agrees in writing--
(A) to waive all rights to receive entitlement funds or
discretionary funds to be used at the airport under section
47114 or 47115 of title 49, United States Code, during the 5-
year period of the capital improvement plan described in
paragraph (1);
(B) to perpetually comply with sections 47107(b) and 47133
of such title, unless granted specific exceptions by the
Administrator in accordance with this section; and
(C) to operate the airport as a public-use airport, unless
the Administrator specifically grants a request to allow the
airport to close; and
(3) complies with all grant assurance obligations in effect as
of the date of the enactment of this Act during the 20-year period
beginning on the date of enactment of this Act.
(d) Completion of Determination.--Not later than 90 days after
receiving an airport sponsor's application and requisite supporting
documentation to declare that certain mineral revenue is not needed to
carry out the 5-year capital improvement program at such airport, the
Administrator shall determine whether the airport sponsor's request
should be granted. The Administrator may not unreasonably deny an
application under this subsection.
(e) Rulemaking.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall promulgate regulations to carry
out this section.
(f) General Aviation Airport Defined.--In this section, the term
``general aviation airport'' has the meaning given that term in section
47102 of title 49, United States Code, as amended by this Act.
SEC. 814. CONTRACTING.
When drafting contract proposals for training facilities under the
general contracting authority of the Federal Aviation Administration,
the Administrator of the Federal Aviation Administration shall ensure--
(1) the proposal is drafted so that all parties can fairly
compete; and
(2) the proposal takes into consideration the most cost-
effective location, accessibility, and services options.
SEC. 815. FLOOD PLANNING.
(a) Study.--The Administrator of the Federal Aviation
Administration, in consultation with the Administrator of the Federal
Emergency Management Agency, shall conduct a review and submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the state of preparedness and response
capability for airports located in flood plains to respond to and seek
assistance in rebuilding after catastrophic flooding.
(b) Eligibility of Demolition and Rebuilding of Properties.--
Section 1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)) is amended by adding at the end the following:
``(6) Eligibility of demolition and rebuilding of properties.--
The Director shall consider as an eligible activity the demolition
and rebuilding of properties to at least base flood levels or
higher, if required by the Director or if required by any State or
local ordinance, and in accordance with project implementation
criteria established by the Director.''.
SEC. 816. HISTORICAL AIRCRAFT DOCUMENTS.
(a) Preservation of Documents.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall take such actions as the Administrator
determines necessary to preserve original aircraft type certificate
engineering and technical data in the possession of the Federal
Aviation Administration related to--
(A) approved aircraft type certificate numbers ATC 1
through ATC 713; and
(B) Group-2 approved aircraft type certificate numbers 2-1
through 2-544.
(2) Revision of order.--Not later than 3 years after the date
of enactment of this Act, the Administrator shall revise FAA Order
1350.15C, Item Number 8110. Such revision shall prohibit the
destruction of the historical aircraft documents identified in
paragraph (1).
(3) Consultation.--The Administrator may carry out paragraph
(1) in consultation with the Archivist of the United States and the
Administrator of General Services.
(b) Availability of Documents.--
(1) Freedom of information act requests.--The Administrator
shall make the documents to be preserved under subsection (a)(1)
available to a person--
(A) upon receipt of a request made by the person pursuant
to section 552 of title 5, United States Code; and
(B) subject to a prohibition on use of the documents for
commercial purposes.
(2) Trade secrets, commercial, and financial information.--
Section 552(b)(4) of such title shall not apply to requests for
documents to be made available pursuant to paragraph (1).
(c) Holder of Type Certificate.--
(1) Rights of holder.--Nothing in this section shall affect the
rights of a holder or owner of a type certificate identified in
subsection (a)(1), nor require the holder or owner to provide,
surrender, or preserve any original or duplicate engineering or
technical data to or for the Federal Aviation Administration, a
person, or the public.
(2) Liability.--There shall be no liability on the part of, and
no cause of action of any nature shall arise against, a holder of a
type certificate, its authorized representative, its agents, or its
employees, or any firm, person, corporation, or insurer related to
the type certificate data and documents identified in subsection
(a)(1).
(3) Airworthiness.--Notwithstanding any other provision of law,
the holder of a type certificate identified in subsection (a)(1)
shall only be responsible for Federal Aviation Administration
regulation requirements related to type certificate data and
documents identified in subsection (a)(1) for aircraft having a
standard airworthiness certificate issued prior to the date the
documents are released to a person by the Federal Aviation
Administration under subsection (b)(1).
SEC. 817. RELEASE FROM RESTRICTIONS.
(a) In General.--Subject to subsection (b), the Secretary of
Transportation is authorized to grant to an airport, city, or county a
release from any of the terms, conditions, reservations, or
restrictions contained in a deed under which the United States conveyed
to the airport, city, or county an interest in real property for
airport purposes pursuant to section 16 of the Federal Airport Act (60
Stat. 179) or section 23 of the Airport and Airway Development Act of
1970 (84 Stat. 232).
(b) Condition.--Any release granted by the Secretary pursuant to
subsection (a) shall be subject to the following conditions:
(1) The applicable airport, city, or county shall agree that in
conveying any interest in the real property which the United States
conveyed to the airport, city, or county, the airport, city, or
county will receive consideration for such interest that is equal
to its fair market value.
(2) Any consideration received by the airport, city, or county
under paragraph (1) shall be used exclusively for the development,
improvement, operation, or maintenance of a public airport by the
airport, city, or county.
(3) Any other conditions required by the Secretary.
SEC. 818. SENSE OF CONGRESS.
It is the sense of Congress that Los Angeles World Airports, the
operator of Los Angeles International Airport (LAX)--
(1) should consult on a regular basis with representatives of
the community surrounding the airport regarding--
(A) the ongoing operations of LAX; and
(B) plans to expand, modify, or realign LAX facilities; and
(2) should include in such consultations any organization, the
membership of which includes at least 100 individuals who reside
within 10 miles of the airport, that notifies Los Angeles World
Airports of its desire to be included in such consultations.
SEC. 819. HUMAN INTERVENTION MOTIVATION STUDY.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall develop
a Human Intervention Motivation Study program for cabin crew members
employed by commercial air carriers in the United States.
SEC. 820. STUDY OF AERONAUTICAL MOBILE TELEMETRY.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration, in
consultation with other Federal agencies, shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology and the Committee on Energy
and Commerce of the House of Representatives a report that identifies--
(1) the current and anticipated, with respect to the next
decade, need by civil aviation, including equipment manufacturers,
for aeronautical mobile telemetry services; and
(2) the potential impact to the aerospace industry of the
introduction of a new radio service that operates in the same
spectrum allocated to the aeronautical mobile telemetry service.
SEC. 821. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS
OPERATING CHARITABLE MEDICAL FLIGHTS.
(a) Reimbursement of Fuel Costs.--Notwithstanding any other law or
regulation, in administering section 61.113(c) of title 14, Code of
Federal Regulations (or any successor regulation), the Administrator of
the Federal Aviation Administration shall allow an aircraft owner or
operator to accept reimbursement from a volunteer pilot organization
for the fuel costs associated with a flight operation to provide
transportation for an individual or organ for medical purposes (and for
other associated individuals), if the aircraft owner or operator has--
(1) volunteered to provide such transportation; and
(2) notified any individual that will be on the flight, at the
time of inquiry about the flight, that the flight operation is for
charitable purposes and is not subject to the same requirements as
a commercial flight.
(b) Conditions to Ensure Safety.--The Administrator may impose
minimum standards with respect to training and flight hours for single-
engine, multi-engine, and turbine-engine operations conducted by an
aircraft owner or operator that is being reimbursed for fuel costs by a
volunteer pilot organization, including mandating that the pilot in
command of such aircraft hold an instrument rating and be current and
qualified for the aircraft being flown to ensure the safety of flight
operations described in subsection (a).
(c) Volunteer Pilot Organization.--In this section, the term
``volunteer pilot organization'' means an organization that--
(1) is described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section 501(a) of
such Code; and
(2) is organized for the primary purpose of providing,
arranging, or otherwise fostering charitable medical
transportation.
SEC. 822. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROPERTIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish a pilot program under which operators of up to 4
public-use airports may receive grants for activities related to the
redevelopment of airport properties in accordance with the requirements
of this section.
(b) Grants.--Under the pilot program, the Administrator may make a
grant in a fiscal year, from funds made available for grants under
section 47117(e)(1)(A) of title 49, United States Code, to an airport
operator for a project--
(1) to support joint planning, engineering, design, and
environmental permitting of projects, including the assembly and
redevelopment of property purchased with noise mitigation funds
made available under section 48103 of such title or passenger
facility revenue collected under section 40117 of such title; and
(2) to encourage airport-compatible land uses and generate
economic benefits to the local airport authority and adjacent
community.
(c) Eligibility.--An airport operator shall be eligible to
participate in the pilot program if--
(1) the operator has received approval for a noise
compatibility program under section 47504 of such title; and
(2) the operator demonstrates, as determined by the
Administrator--
(A) a readiness to implement cooperative land use
management and redevelopment plans with neighboring local
jurisdictions; and
(B) the probability of a clear economic benefit to
neighboring local jurisdictions and financial return to the
airport through the implementation of those plans.
(d) Distribution.--The Administrator shall seek to award grants
under the pilot program to airport operators representing different
geographic areas of the United States.
(e) Partnership With Neighboring Local Jurisdictions.--An airport
operator shall use grant funds made available under the pilot program
only in partnership with neighboring local jurisdictions.
(f) Grant Requirements.--The Administrator may not make a grant to
an airport operator under the pilot program unless the grant is--
(1) made to enable the airport operator and local jurisdictions
undertaking community redevelopment efforts to expedite those
efforts;
(2) subject to a requirement that the local jurisdiction
governing the property interests subject to the redevelopment
efforts has adopted and will continue in effect zoning regulations
that permit airport-compatible redevelopment; and
(3) subject to a requirement that, in determining the part of
the proceeds from disposing of land that is subject to repayment
and reinvestment requirements under section 47107(c)(2)(A) of such
title, the total amount of a grant issued under the pilot program
that is attributable to the redevelopment of such land shall be
added to other amounts that must be repaid or reinvested under that
section upon disposal of such land by the airport operator.
(g) Exceptions to Repayment and Reinvestment Requirements.--Amounts
paid to the Secretary of Transportation under subsection (f)(3)--
(1) shall be available to the Secretary for, giving preference
to the actions in descending order--
(A) reinvestment in an approved noise compatibility project
at the applicable airport;
(B) reinvestment in another approved project at the airport
that is eligible for funding under section 47117(e) of such
title;
(C) reinvestment in an approved airport development project
at the airport that is eligible for funding under section
47114, 47115, or 47117 of such title;
(D) transfer to an operator of another public airport to be
reinvested in an approved noise compatibility project at such
airport; and
(E) deposit in the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue Code of
1986 (26 U.S.C. 9502);
(2) shall be available in addition to amounts authorized under
section 48103 of such title;
(3) shall not be subject to any limitation on grant obligations
for any fiscal year; and
(4) shall remain available until expended.
(h) Federal Share.--
(1) In general.--Notwithstanding any other provision of law,
the Federal share of the allowable costs of a project carried out
under the pilot program shall be 80 percent.
(2) Allowable costs.--In determining the allowable costs, the
Administrator shall deduct from the total costs of the activities
described in subsection (b) that portion of the costs which is
equal to that portion of the total property to be redeveloped under
this section that is not owned or to be acquired by the airport
operator pursuant to the noise compatibility program or that is not
owned by the affected neighboring local jurisdictions or other
public entities.
(i) Maximum Amount.--Not more than $5,000,000 of the funds made
available for grants under section 47117(e)(1)(A) of such title may be
expended under the pilot program for any single public-use airport.
(j) Use of Passenger Revenue.--An airport operator participating in
the pilot program may use passenger facility revenue collected under
section 40117 of such title to pay any project cost described in
subsection (b) that is not financed by a grant under the pilot program.
(k) Sunset.--This section shall not be in effect after September
30, 2015.
SEC. 823. REPORT ON NEW YORK CITY AND NEWARK AIR TRAFFIC CONTROL
FACILITIES.
Under previous agreements, the Federal Aviation Administration
negotiated staffing levels at the air traffic control facilities in the
Newark and New York City areas. Not later than 90 days after the date
of enactment of this Act, the Administrator of the Federal Aviation
Administration shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the Federal
Aviation Administration's staffing and scheduling plans for air traffic
control facilities in the New York City and Newark Region for the 1-
year period beginning on such date of enactment.
SEC. 824. CYLINDERS OF COMPRESSED OXYGEN OR OTHER OXIDIZING GASES.
(a) In General.--Subject to subsections (b) and (c), entities
transporting, in the State of Alaska, cylinders of compressed oxygen or
other oxidizing gases aboard aircraft shall be exempt from compliance
with the regulations described in subsection (d), to the extent that
the regulations require that oxidizing gases transported aboard
aircraft be enclosed in outer packaging capable of passing the flame
penetration resistance test and the thermal resistance test, without
regard to the end use of the cylinders.
(b) Applicability of Exemption.--The exemption provided under
subsection (a) shall apply only if--
(1) transportation of the cylinders by a ground-based or water-
based mode of transportation is unavailable and transportation by
aircraft is the only practical means for transporting the cylinders
to their destination;
(2) each cylinder is fully covered with a fire- or flame-
resistant blanket that is secured in place; and
(3) the operator of the aircraft complies with the applicable
notification procedures under section 175.33 of title 49, Code of
Federal Regulations.
(c) Aircraft Restriction.--The exemption provided under subsection
(a) shall apply only to the following types of aircraft:
(1) Cargo-only aircraft transporting the cylinders to a
delivery destination that receives cargo-only service at least once
a week.
(2) Passenger and cargo-only aircraft transporting the
cylinders to a delivery destination that does not receive cargo-
only service at least once a week.
(d) Description of Regulatory Requirements.--The regulations
described in this subsection are the regulations of the Pipeline and
Hazardous Materials Safety Administration contained in sections
173.302(f)(3), 173.302(f)(4), 173.302(f)(5), 173.304(f)(3),
173.304(f)(4), and 173.304(f)(5) of title 49, Code of Federal
Regulations.
SEC. 825. ORPHAN AVIATION EARMARKS.
(a) Earmark Defined.--In this section, the term ``earmark'' means a
statutory provision or report language included primarily at the
request of a Senator or a Member, Delegate, or Resident Commissioner of
the House of Representatives providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan guarantee, grant,
or other expenditure with or to an entity or a specific State,
locality, or Congressional district, other than through a statutory or
administrative formula-driven or competitive award process.
(b) Rescission.--If any earmark relating to the Federal Aviation
Administration has more than 90 percent of applicable appropriated
amounts remaining available for obligation at the end of the 9th fiscal
year beginning after the fiscal year in which those amounts were
appropriated, the unobligated portion of those amounts is rescinded
effective at the end of that 9th fiscal year, except that the
Administrator of the Federal Aviation Administration may delay any such
rescission if the Administrator determines that an obligation with
respect to those amounts is likely to occur during the 12-month period
beginning on the last day of that 9th fiscal year.
(c) Identification and Report.--
(1) Agency identification.--At the end of each fiscal year, the
Administrator shall identify and report to the Director of the
Office of Management and Budget every earmark related to the
Administration and with respect to which there is an unobligated
balance of appropriated amounts.
(2) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director shall
submit to Congress and make available to the public on the Internet
Web site of the Office a report that includes--
(A) a listing of each earmark related to the Administration
and with respect to which there is an unobligated balance of
appropriated amounts, which shall include the amount of the
original earmark, the amount of the unobligated balance related
to that earmark, and the date on which the funding expires, if
applicable;
(B) the number of rescissions under subsection (b) and the
savings resulting from those rescissions for the previous
fiscal year; and
(C) a listing of earmarks related to the Administration
with amounts scheduled for rescission at the end of the current
fiscal year.
SEC. 826. PRIVACY PROTECTIONS FOR AIR PASSENGER SCREENING WITH
ADVANCED IMAGING TECHNOLOGY.
Section 44901 is amended by adding at the end the following:
``(l) Limitations on Use of Advanced Imaging Technology for
Screening Passengers.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Advanced imaging technology.--The term `advanced
imaging technology'--
``(i) means a device used in the screening of
passengers that creates a visual image of an individual
showing the surface of the skin and revealing other objects
on the body; and
``(ii) may include devices using backscatter x-rays or
millimeter waves and devices referred to as `whole-body
imaging technology' or `body scanning machines'.
``(B) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(i) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(ii) the Committee on Homeland Security of the House
of Representatives.
``(C) Automatic target recognition software.--The term
`automatic target recognition software' means software
installed on an advanced imaging technology that produces a
generic image of the individual being screened that is the same
as the images produced for all other screened individuals.
``(2) Use of advanced imaging technology.--Beginning June 1,
2012, the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall ensure that any advanced imaging
technology used for the screening of passengers under this
section--
``(A) is equipped with and employs automatic target
recognition software; and
``(B) complies with such other requirements as the
Assistant Secretary determines necessary to address privacy
considerations.
``(3) Extension.--
``(A) In general.--The Assistant Secretary may extend the
deadline specified in paragraph (2), if the Assistant Secretary
determines that--
``(i) an advanced imaging technology equipped with
automatic target recognition software is not substantially
as effective at screening passengers as an advanced imaging
technology without such software; or
``(ii) additional testing of such software is
necessary.
``(B) Duration of extensions.--The Assistant Secretary may
issue one or more extensions under subparagraph (A). The
duration of each extension may not exceed one year.
``(4) Reports.--
``(A) In general.--Not later than 60 days after the
deadline specified in paragraph (2), and not later than 60 days
after the date on which the Assistant Secretary issues any
extension under paragraph (3), the Assistant Secretary shall
submit to the appropriate congressional committees a report on
the implementation of this subsection.
``(B) Elements.--A report submitted under subparagraph (A)
shall include the following:
``(i) A description of all matters the Assistant
Secretary considers relevant to the implementation of the
requirements of this subsection.
``(ii) The status of compliance by the Transportation
Security Administration with such requirements.
``(iii) If the Administration is not in full compliance
with such requirements--
``(I) the reasons for the noncompliance; and
``(II) a timeline depicting when the Assistant
Secretary expects the Administration to achieve full
compliance.
``(C) Security classification.--To the greatest extent
practicable, a report prepared under subparagraph (A) shall be
submitted in an unclassified format. If necessary, the report
may include a classified annex.''.
SEC. 827. COMMERCIAL SPACE LAUNCH LICENSE REQUIREMENTS.
Section 50905(c)(3) of title 51, United States Code, is amended by
striking ``Beginning 8 years after the date of enactment of the
Commercial Space Launch Amendments Act of 2004,'' and inserting
``Beginning on October 1, 2015,''.
SEC. 828. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.
(a) In General.--The Secretary of Transportation, including a
designee of the Secretary, may not issue or enforce any regulation or
other requirement regarding the transportation by aircraft of lithium
metal cells or batteries or lithium ion cells or batteries, whether
transported separately or packed with or contained in equipment, if the
requirement is more stringent than the requirements of the ICAO
Technical Instructions.
(b) Exceptions.--
(1) Passenger carrying aircraft.--Notwithstanding subsection
(a), the Secretary may enforce the prohibition on transporting
primary (non-rechargeable) lithium batteries and cells aboard
passenger carrying aircraft set forth in special provision A100
under section 172.102(c)(2) of title 49, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(2) Credible reports.--Notwithstanding subsection (a), if the
Secretary obtains a credible report with respect to a safety
incident from a national or international governmental regulatory
or investigating body that demonstrates that the presence of
lithium metal cells or batteries or lithium ion cells or batteries
on an aircraft, whether transported separately or packed with or
contained in equipment, in accordance with the requirements of the
ICAO Technical Instructions, has substantially contributed to the
initiation or propagation of an onboard fire, the Secretary--
(A) may issue and enforce an emergency regulation, more
stringent than the requirements of the ICAO Technical
Instructions, that governs the transportation by aircraft of
such cells or batteries, if that regulation--
(i) addresses solely deficiencies referenced in the
report; and
(ii) is effective for not more than 1 year; and
(B) may adopt and enforce a permanent regulation, more
stringent than the requirements of the ICAO Technical
Instructions, that governs the transportation by aircraft of
such cells or batteries, if--
(i) the Secretary bases the regulation upon substantial
credible evidence that the otherwise permissible presence
of such cells or batteries would substantially contribute
to the initiation or propagation of an onboard fire;
(ii) the regulation addresses solely the deficiencies
in existing regulations; and
(iii) the regulation imposes the least disruptive and
least expensive variation from existing requirements while
adequately addressing identified deficiencies.
(c) ICAO Technical Instructions Defined.--In this section, the term
``ICAO Technical Instructions'' means the International Civil Aviation
Organization Technical Instructions for the Safe Transport of Dangerous
Goods by Air (as amended, including amendments adopted after the date
of enactment of this Act).
SEC. 829. CLARIFICATION OF MEMORANDUM OF UNDERSTANDING WITH OSHA.
Not later than 6 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall--
(1) establish milestones, in consultation with the Occupational
Safety and Health Administration, in a report to Congress--
(A) for the completion of work begun under the August 2000
memorandum of understanding between the Administrations; and
(B) to address issues that need further action, as set
forth in the December 2000 joint report of the Administrations;
and
(2) initiate development of a policy statement to set forth the
circumstances in which requirements of the Occupational Safety and
Health Administration may be applied to crewmembers while working
in an aircraft.
SEC. 830. APPROVAL OF APPLICATIONS FOR THE AIRPORT SECURITY
SCREENING OPT-OUT PROGRAM.
(a) In General.--Section 44920(b) is amended to read as follows:
``(b) Approval of Applications.--
``(1) In general.--Not later than 120 days after the date of
receipt of an application submitted by an airport operator under
subsection (a), the Under Secretary shall approve or deny the
application.
``(2) Standards.--The Under Secretary shall approve an
application submitted by an airport operator under subsection (a)
if the Under Secretary determines that the approval would not
compromise security or detrimentally affect the cost-efficiency or
the effectiveness of the screening of passengers or property at the
airport.
``(3) Reports on denials of applications.--
``(A) In general.--If the Under Secretary denies an
application submitted by an airport operator under subsection
(a), the Under Secretary shall provide to the airport operator,
not later than 60 days following the date of the denial, a
written report that sets forth--
``(i) the findings that served as the basis for the
denial;
``(ii) the results of any cost or security analysis
conducted in considering the application; and
``(iii) recommendations on how the airport operator can
address the reasons for the denial.
``(B) Submission to congress.--The Under Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives a copy of any report
provided to an airport operator under subparagraph (A).''.
(b) Waivers.--Section 44920(d) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and moving the subparagraphs 2 ems to
the right;
(2) by striking ``The Under Secretary'' and inserting the
following:
``(1) In general.--The Under Secretary''; and
(3) by adding at the end the following:
``(2) Waivers.--The Under Secretary may waive the requirement
of paragraph (1)(B) for any company that is a United States
subsidiary with a parent company that has implemented a foreign
ownership, control, or influence mitigation plan that has been
approved by the Defense Security Service of the Department of
Defense prior to the submission of the application. The Under
Secretary has complete discretion to reject any application from a
private screening company to provide screening services at an
airport that requires a waiver under this paragraph.''.
(c) Recommendations of Airport Operator.--Section 44920 is amended
by adding at the end the following:
``(h) Recommendations of Airport Operator.--As part of any
submission of an application for a private screening company to provide
screening services at an airport, the airport operator shall provide to
the Under Secretary a recommendation as to which company would best
serve the security screening and passenger needs of the airport, along
with a statement explaining the basis of the operator's
recommendation.''.
(d) Reconsideration of Applications Pending as of January 1,
2011.--
(1) In general.--Upon the request of an airport operator, the
Secretary of Homeland Security shall reconsider any application for
the screening of passengers and property that--
(A) was submitted by the operator of an airport pursuant to
section 44920(a) of title 49, United States Code;
(B) was pending for final decision by the Secretary on any
day between January 1, 2011, and February 3, 2011, and was
resubmitted by the applicant in accordance with new guidelines
provided by the Secretary after February 3, 2011; and
(C) has not been approved by the Secretary on or before the
date of enactment of this Act.
(2) Notice to airport operators.--In reconsidering an
application submitted under paragraph (1), the Secretary shall--
(A) notify the airport operator that submitted the
application that the Secretary will reconsider the application;
(B) if the application was initially denied, advise the
operator of the findings that served as the basis for the
denial; and
(C) request the operator to provide the Secretary with such
additional information as the Secretary determines necessary to
reconsider the application.
(3) Deadline; standards.--The Secretary shall approve or deny
an application to be reconsidered under paragraph (1) not later
than the 120th day following the date of the request for
reconsideration from the airport operator. The Secretary shall
apply the standards set forth in section 44920(b) of title 49,
United States Code (as amended by this section), in approving and
denying such application.
(4) Reports on denials of applications.--
(A) In general.--If the Secretary denies an application of
an airport operator following reconsideration under this
subsection, the Secretary shall provide to the airport operator
a written report that sets forth--
(i) the findings that served as the basis for the
denial; and
(ii) the results of any cost or security analysis
conducted in considering the application.
(B) Submission to congress.--The Secretary shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security of the House of
Representatives a copy of any report provided to an airport
operator under subparagraph (A).
TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT
SEC. 901. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 48102(a) is amended--
(1) in the matter before paragraph (1) by striking ``of this
title'' and inserting ``of this title and, for each of fiscal years
2012 through 2015, under subsection (g)'';
(2) by striking paragraphs (1) through (8);
(3) by redesignating paragraphs (9) through (15) as paragraphs
(1) through (7), respectively;
(4) in paragraph (3) (as so redesignated)--
(A) in subparagraph (K) by adding ``and'' at the end; and
(B) in subparagraph (L) by striking ``and'' at the end; and
(5) by striking paragraph (16) and inserting the following:
``(8) $168,000,000 for each of fiscal years 2012 through
2015.''.
(b) Specific Program Limitations.--Section 48102 is amended by
inserting after subsection (f) the following:
``(g) Specific Authorizations.--The following programs described in
the research, engineering, and development account of the national
aviation research plan required under section 44501(c) are authorized:
``(1) Fire Research and Safety.
``(2) Propulsion and Fuel Systems.
``(3) Advanced Materials/Structural Safety.
``(4) Atmospheric Hazards--Aircraft Icing/Digital System
Safety.
``(5) Continued Airworthiness.
``(6) Aircraft Catastrophic Failure Prevention Research.
``(7) Flightdeck/Maintenance/System Integration Human Factors.
``(8) System Safety Management.
``(9) Air Traffic Control/Technical Operations Human Factors.
``(10) Aeromedical Research.
``(11) Weather Program.
``(12) Unmanned Aircraft Systems Research.
``(13) NextGen--Alternative Fuels for General Aviation.
``(14) Joint Planning and Development Office.
``(15) NextGen--Wake Turbulence Research.
``(16) NextGen--Air Ground Integration Human Factors.
``(17) NextGen--Self Separation Human Factors.
``(18) NextGen--Weather Technology in the Cockpit.
``(19) Environment and Energy Research.
``(20) NextGen Environmental Research--Aircraft Technologies,
Fuels, and Metrics.
``(21) System Planning and Resource Management.
``(22) The William J. Hughes Technical Center Laboratory
Facility.''.
(c) Program Authorizations.--From the other accounts described in
the national aviation research plan required under section 44501(c) of
title 49, United States Code, the following research and development
activities are authorized:
(1) Runway Incursion Reduction.
(2) System Capacity, Planning, and Improvement.
(3) Operations Concept Validation.
(4) NAS Weather Requirements.
(5) Airspace Management Program.
(6) NextGen--Air Traffic Control/Technical Operations Human
Factors.
(7) NextGen--Environment and Energy--Environmental Management
System and Advanced Noise and Emissions Reduction.
(8) NextGen--New Air Traffic Management Requirements.
(9) NextGen--Operations Concept Validation--Validation
Modeling.
(10) NextGen--System Safety Management Transformation.
(11) NextGen--Wake Turbulence--Recategorization.
(12) NextGen--Operational Assessments.
(13) NextGen--Staffed NextGen Towers.
(14) Center for Advanced Aviation System Development.
(15) Airports Technology Research Program--Capacity.
(16) Airports Technology Research Program--Safety.
(17) Airports Technology Research Program--Environment.
(18) Airport Cooperative Research--Capacity.
(19) Airport Cooperative Research--Environment.
(20) Airport Cooperative Research--Safety.
SEC. 902. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(3) Institution of higher education.--The term ``institution of
higher education'' has the same meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(4) NASA.--The term ``NASA'' means the National Aeronautics and
Space Administration.
(5) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
SEC. 903. UNMANNED AIRCRAFT SYSTEMS.
(a) Research Initiative.--Section 44504(b) is amended--
(1) in paragraph (6) by striking ``and'' after the semicolon;
(2) in paragraph (7) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) in conjunction with other Federal agencies, as
appropriate, to develop technologies and methods to assess the risk
of and prevent defects, failures, and malfunctions of products,
parts, and processes for use in all classes of unmanned aircraft
systems that could result in a catastrophic failure of the unmanned
aircraft that would endanger other aircraft in the national
airspace system.''.
(b) Systems, Procedures, Facilities, and Devices.--Section 44505(b)
is amended--
(1) in paragraph (4) by striking ``and'' after the semicolon;
(2) in paragraph (5)(C) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) to develop a better understanding of the relationship
between human factors and unmanned aircraft system safety; and
``(7) to develop dynamic simulation models for integrating all
classes of unmanned aircraft systems into the national airspace
system without any degradation of existing levels of safety for all
national airspace system users.''.
SEC. 904. RESEARCH PROGRAM ON RUNWAYS.
Using amounts made available under section 48102(a) of title 49,
United States Code, the Administrator shall continue to carry out a
research program under which the Administrator may make grants to and
enter into cooperative agreements with institutions of higher education
and pavement research organizations for research and technology
demonstrations related to--
(1) the design, construction, rehabilitation, and repair of
airfield pavements to aid in the development of safer, more cost
effective, and more durable airfield pavements; and
(2) engineered material restraining systems for runways at both
general aviation airports and airports with commercial air carrier
operations.
SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.
Section 44505 is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Research on Design for Certification.--
``(1) Research.--Not later than 1 year after the date of
enactment of the FAA Modernization and Reform Act of 2012, the
Administrator shall conduct research on methods and procedures to
improve both confidence in and the timeliness of certification of
new technologies for their introduction into the national airspace
system.
``(2) Research plan.--Not later than 6 months after the date of
enactment of the FAA Modernization and Reform Act of 2012, the
Administrator shall develop a plan for the research under paragraph
(1) that contains objectives, proposed tasks, milestones, and a 5-
year budgetary profile.
``(3) Review.--The Administrator shall enter into an
arrangement with the National Research Council to conduct an
independent review of the plan developed under paragraph (2) and
shall provide the results of that review to the Committee on
Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate not later than 18 months after the date of enactment of the
FAA Modernization and Reform Act of 2012.''.
SEC. 906. AIRPORT COOPERATIVE RESEARCH PROGRAM.
Section 44511(f) is amended--
(1) in paragraph (1) by striking ``establish a 4-year pilot''
and inserting ``maintain an''; and
(2) in paragraph (4)--
(A) by striking ``Not later than 6 months after the
expiration of the program under this subsection,'' and
inserting ``Not later than September 30, 2012,''; and
(B) by striking ``program, including recommendations as to
the need for establishing a permanent airport cooperative
research program'' and inserting ``program''.
SEC. 907. CENTERS OF EXCELLENCE.
(a) Government's Share of Costs.--Section 44513(f) is amended to
read as follows:
``(f) Government's Share of Costs.--The United States Government's
share of establishing and operating a center and all related research
activities that grant recipients carry out shall not exceed 50 percent
of the costs, except that the Administrator may increase such share to
a maximum of 75 percent of the costs for a fiscal year if the
Administrator determines that a center would be unable to carry out the
authorized activities described in this section without additional
funds.''.
(b) Annual Report.--Section 44513 is amended by adding at the end
the following:
``(h) Annual Report.--The Administrator shall transmit annually to
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate at the time of the President's budget
request a report that lists--
``(1) the research projects that have been initiated by each
center in the preceding year;
``(2) the amount of funding for each research project and the
funding source;
``(3) the institutions participating in each research project
and their shares of the overall funding for each research project;
and
``(4) the level of cost-sharing for each research project.''.
SEC. 908. CENTER OF EXCELLENCE FOR AVIATION HUMAN RESOURCE
RESEARCH.
(a) Establishment.--Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator may
establish a center of excellence to conduct research on--
(1) human performance in the air transportation environment,
including among air transportation personnel such as air traffic
controllers, pilots, and technicians; and
(2) any other aviation human resource issue pertinent to
developing and maintaining a safe and efficient air transportation
system.
(b) Activities.--Activities conducted under this section may
include the following:
(1) Research, development, and evaluation of training programs
for air traffic controllers, aviation safety inspectors, airway
transportation safety specialists, and engineers.
(2) Research and development of best practices for recruitment
of individuals into the aviation field for mission critical
positions.
(3) Research, in consultation with other relevant Federal
agencies, to develop a baseline of general aviation employment
statistics and an analysis of future needs in the aviation field.
(4) Research and the development of a comprehensive assessment
of the airframe and power plant technician certification process
and its effect on employment trends.
(5) Evaluation of aviation maintenance technician school
environments.
(6) Research and an assessment of the ability to develop
training programs to allow for the transition of recently
unemployed and highly skilled mechanics into the aviation field.
SEC. 909. INTERAGENCY RESEARCH ON AVIATION AND THE ENVIRONMENT.
(a) In General.--Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator, in
coordination with NASA and after consultation with other relevant
agencies, may maintain a research program to assess the potential
effect of aviation activities on the environment and, if warranted, to
evaluate approaches to address any such effect.
(b) Research Plan.--
(1) In general.--The Administrator, in coordination with NASA
and after consultation with other relevant agencies, shall jointly
develop a plan to carry out the research under subsection (a).
(2) Contents.--The plan shall contain an inventory of current
interagency research being undertaken in this area, future research
objectives, proposed tasks, milestones, and a 5-year budgetary
profile.
(3) Requirements.--The plan--
(A) shall be completed not later than 1 year after the date
of enactment of this Act;
(B) shall be submitted to Congress for review; and
(C) shall be updated, as appropriate, every 3 years after
the initial submission.
SEC. 910. AVIATION FUEL RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator, in
coordination with the Administrator of NASA, shall continue research
and development activities into the qualification of an unleaded
aviation fuel and safe transition to this fuel for the fleet of piston
engine aircraft.
(b) Requirements.--In carrying out the program under subsection
(a), the Administrator shall, at a minimum--
(1) not later than 120 days after the date of enactment of this
Act, develop a research and development plan containing the
specific research and development objectives, including
consideration of aviation safety, technical feasibility, and other
relevant factors, and the anticipated timetable for achieving the
objectives;
(2) assess the methods and processes by which the FAA and
industry may expeditiously certify and approve new aircraft and
recertify existing aircraft with respect to unleaded aviation fuel;
(3) assess technologies that modify existing piston engine
aircraft to enable safe operation of the aircraft using unleaded
aviation fuel and determine the resources necessary to certify
those technologies; and
(4) develop recommendations for appropriate policies and
guidelines to facilitate a transition to unleaded aviation fuel for
piston engine aircraft.
(c) Collaboration.--In carrying out the program under subsection
(a), the Administrator shall collaborate with--
(1) industry groups representing aviation consumers,
manufacturers, and fuel producers and distributors; and
(2) other appropriate Federal agencies.
(d) Report.--Not later than 270 days after the date of enactment of
this Act, the Administrator shall provide to the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report on the
plan, information obtained, and policies and guidelines developed
pursuant to subsection (b).
SEC. 911. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY FOR
CIVIL AIRCRAFT.
(a) In General.--Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator shall
establish a research program to assist in the development and
qualification of jet fuel from alternative sources (such as natural
gas, biomass, ethanol, butanol, and hydrogen) and other renewable
sources.
(b) Authority To Make Grants.--The Administrator shall carry out
the program through the use of grants or other measures authorized
under section 106(l)(6) of such title, including reimbursable
agreements with other Federal agencies.
(c) Participation in Program.--
(1) Participation of educational and research institutions.--In
carrying out the program, the Administrator shall include
participation by--
(A) educational and research institutions that have
existing facilities and leverage private sector partnerships;
and
(B) consortia with experience across the supply chain,
including with research, feedstock development and production,
small-scale development, testing, and technology evaluation
related to the creation, processing, production, and
transportation of alternative aviation fuel.
(2) Use of nasa facilities.--In carrying out the program, the
Administrator shall consider utilizing the existing capacity in
aeronautics research at Langley Research Center, Glenn Research
Center, and other appropriate facilities of NASA.
(d) Designation of Institution as a Center of Excellence.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator may designate an
institution described in subsection (c)(1)(A) as a Center of
Excellence for Alternative Jet-Fuel Research in Civil Aircraft.
(2) Effect of designation.--The center designated under
paragraph (1) shall become, upon its designation--
(A) a member of the Consortium for Continuous Low Energy,
Emissions, and Noise of the FAA; and
(B) part of a Joint Center of Excellence with the
Partnership for Air Transportation Noise and Emission Reduction
FAA Center of Excellence.
SEC. 912. REVIEW OF FAA'S ENERGY-RELATED AND ENVIRONMENT-RELATED
RESEARCH PROGRAMS.
(a) Review.--Using amounts made available under section 48102(a) of
title 49, United States Code, the Administrator shall enter into an
arrangement for an independent external review of FAA energy-related
and environment-related research programs. The review shall assess
whether--
(1) the programs have well-defined, prioritized, and
appropriate research objectives;
(2) the programs are properly coordinated with the energy-
related and environment-related research programs at NASA, NOAA,
and other relevant agencies;
(3) the programs have allocated appropriate resources to each
of the research objectives; and
(4) there exist suitable mechanisms for transitioning the
research results into the FAA's operational technologies and
procedures and certification activities.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall submit a report to the Committee
on Science, Space, and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
containing the results of the review.
SEC. 913. REVIEW OF FAA'S AVIATION SAFETY-RELATED RESEARCH
PROGRAMS.
(a) Review.--Using amounts made available under section 48102(a) of
title 49, United States Code, the Administrator shall enter into an
arrangement for an independent external review of the FAA's aviation
safety-related research programs. The review shall assess whether--
(1) the programs have well-defined, prioritized, and
appropriate research objectives;
(2) the programs are properly coordinated with the safety
research programs of NASA and other relevant Federal agencies;
(3) the programs have allocated appropriate resources to each
of the research objectives;
(4) the programs should include a determination about whether a
survey of participants across the air transportation system is an
appropriate way to study safety risks within such system; and
(5) there exist suitable mechanisms for transitioning the
research results from the programs into the FAA's operational
technologies and procedures and certification activities in a
timely manner.
(b) Aviation Safety-Related Research Programs To Be Assessed.--The
FAA aviation safety-related research programs to be assessed under the
review shall include, at a minimum, the following:
(1) Air traffic control/technical operations human factors.
(2) Runway incursion reduction.
(3) Flightdeck/maintenance system integration human factors.
(4) Airports technology research--safety.
(5) Airport Cooperative Research Program-- safety.
(6) Weather Program.
(7) Atmospheric hazards/digital system safety.
(8) Fire research and safety.
(9) Propulsion and fuel systems.
(10) Advanced materials/structural safety.
(11) Aging aircraft.
(12) Aircraft catastrophic failure prevention research.
(13) Aeromedical research.
(14) Aviation safety risk analysis.
(15) Unmanned aircraft systems research.
(c) Report.--Not later than 14 months after the date of enactment
of this Act, the Administrator shall submit to the Committee on
Science, Space, 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.
SEC. 914. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR CIVILIAN
AIRCRAFT.
(a) Establishment of Research Program.--Using amounts made
available under section 48102(a) of title 49, United States Code, the
Administrator shall establish a research program related to developing
jet fuel from clean coal.
(b) Authority To Make Grants.--The Administrator shall carry out
the program through grants or other measures authorized under section
106(l)(6) of such title, including reimbursable agreements with other
Federal agencies.
(c) Participation in Program.--In carrying out the program, the
Administrator shall include participation by educational and research
institutions that have existing facilities and experience in the
development and deployment of technology that processes coal into
aviation fuel.
(d) Designation of Institution as a Center of Excellence.--Not
later than 180 days after the date of enactment of this Act, the
Administrator may designate an institution described in subsection (c)
as a Center of Excellence for Coal-to-Jet-Fuel Research.
SEC. 915. WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER RESEARCH.
Not later than 60 days after the date of enactment of this Act, the
Administrator shall--
(1) initiate an evaluation of proposals related to research on
the nature of wake vortexes that would increase national airspace
system capacity by reducing existing spacing requirements between
aircraft of all sizes;
(2) begin implementation of a system to improve volcanic ash
avoidance options for aircraft, including the development of a
volcanic ash warning and notification system for aviation; and
(3) coordinate with NOAA, NASA, and other appropriate Federal
agencies to conduct research to reduce the hazards presented to
commercial aviation related to--
(A) ground de-icing and anti-icing, ice pellets, and
freezing drizzle;
(B) oceanic weather, including convective weather;
(C) en route turbulence prediction and detection; and
(D) all hazards during oceanic operations, where commercial
traffic is high and only rudimentary satellite sensing is
available.
SEC. 916. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED
RESEARCH AND TRAINING IN THE USE OF ADVANCED MATERIALS IN
TRANSPORT AIRCRAFT.
Section 708(b) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 44504 note) is amended by striking ``for
fiscal year 2004'' and inserting ``for each of fiscal years 2012
through 2015''.
SEC. 917. RESEARCH AND DEVELOPMENT OF EQUIPMENT TO CLEAN AND
MONITOR THE ENGINE AND APU BLEED AIR SUPPLIED ON PRESSURIZED
AIRCRAFT.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Administrator, to the extent practicable, shall
implement a research program for the identification or development of
appropriate and effective air cleaning technology and sensor technology
for the engine and auxiliary power unit bleed air supplied to the
passenger cabin and flight deck of a pressurized aircraft.
(b) Technology Requirements.--The technology referred to in
subsection (a) shall have the capacity, at a minimum--
(1) to remove oil-based contaminants from the bleed air
supplied to the passenger cabin and flight deck; and
(2) to detect and record oil-based contaminants in the portion
of the total air supplied to the passenger cabin and flight deck
from bleed air.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science, Space,
and Technology of the House of Representatives a report on the results
of the research and development work carried out under this section.
SEC. 918. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.
(a) Review.--The Administrator shall enter into an arrangement for
an independent external review of 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 FAA;
(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) determine 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 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure and the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
the results of the review conducted pursuant to subsection (a).
SEC. 919. AIRPORT SUSTAINABILITY PLANNING WORKING GROUP.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall prepare and submit a problem
statement to the Transportation Research Board for the purpose of
initiating a study under the Airport Cooperative Research Program on
airport sustainability practices.
(b) Functions.--The purpose of the study shall be--
(1) to examine and develop best airport practices and metrics
for the sustainable design, construction, planning, maintenance,
and operation of an airport;
(2) to examine potential standards for a rating system based on
the best sustainable practices and metrics;
(3) to examine potential standards for a voluntary airport
rating process based on the best sustainable practices, metrics,
and ratings; and
(4) to examine and develop recommendations for future actions
with regard to sustainability.
(c) Report.--Not later than 18 months after the date of initiation
of the study, a report on the study shall be submitted to the
Administrator and the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
TITLE X--NATIONAL MEDIATION BOARD
SEC. 1001. RULEMAKING AUTHORITY.
Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is amended
by inserting after section 10 the following:
``SEC. 10A. RULES AND REGULATIONS.
``(a) In General.--The Mediation Board shall have the authority
from time to time to make, amend, and rescind, in the manner prescribed
by section 553 of title 5, United States Code, and after opportunity
for a public hearing, such rules and regulations as may be necessary to
carry out the provisions of this Act.
``(b) Application.--The requirements of subsection (a) shall not
apply to any rule or proposed rule to which the third sentence of
section 553(b) of title 5, United States Code, applies.''.
SEC. 1002. RUNOFF ELECTION RULES.
Paragraph Ninth of section 2 of the Railway Labor Act (45 U.S.C.
152) is amended by inserting after the fourth sentence the following:
``In any such election for which there are 3 or more options (including
the option of not being represented by any labor organization) on the
ballot and no such option receives a majority of the valid votes cast,
the Mediation Board shall arrange for a second election between the
options receiving the largest and the second largest number of
votes.''.
SEC. 1003. BARGAINING REPRESENTATIVE CERTIFICATION.
Section 2 of the Railway Labor Act (45 U.S.C. 152) is amended by
adding at the end the following:
``Twelfth. Showing of interest for representation elections. The
Mediation Board, upon receipt of an application requesting that an
organization or individual be certified as the representative of any
craft or class of employees, shall not direct an election or use any
other method to determine who shall be the representative of such craft
or class unless the Mediation Board determines that the application is
supported by a showing of interest from not less than 50 percent of the
employees in the craft or class.''.
SEC. 1004. OVERSIGHT.
Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is amended
by adding at the end the following:
``SEC. 15. EVALUATION AND AUDIT OF MEDIATION BOARD.
``(a) Evaluation and Audit of Mediation Board.--
``(1) In general.--In order to promote economy, efficiency, and
effectiveness in the administration of the programs, operations,
and activities of the Mediation Board, the Comptroller General of
the United States shall evaluate and audit the programs and
expenditures of the Mediation Board. Such an evaluation and audit
shall be conducted not less frequently than every 2 years, but may
be conducted as determined necessary by the Comptroller General or
the appropriate congressional committees.
``(2) Responsibility of comptroller general.--In carrying out
the evaluation and audit required under paragraph (1), the
Comptroller General shall evaluate and audit the programs,
operations, and activities of the Mediation Board, including, at a
minimum--
``(A) information management and security, including
privacy protection of personally identifiable information;
``(B) resource management;
``(C) workforce development;
``(D) procurement and contracting planning, practices, and
policies;
``(E) the extent to which the Mediation Board follows
leading practices in selected management areas; and
``(F) the processes the Mediation Board follows to address
challenges in--
``(i) initial investigations of applications requesting
that an organization or individual be certified as the
representative of any craft or class of employees;
``(ii) determining and certifying representatives of
employees; and
``(iii) ensuring that the process occurs without
interference, influence, or coercion.
``(b) Immediate Review of Certification Procedures.--Not later than
180 days after the date of enactment of this section, the Comptroller
General shall review the processes applied by the Mediation Board to
certify or decertify representation of employees by a labor
organization and make recommendations to the Board and appropriate
congressional committees regarding actions that may be taken by the
Board or Congress to ensure that the processes are fair and reasonable
for all parties. Such review shall be conducted separately from any
evaluation and audit under subsection (a) and shall include, at a
minimum--
``(1) an evaluation of the existing processes and changes to
such processes that have occurred since the establishment of the
Mediation Board and whether those changes are consistent with
congressional intent; and
``(2) a description of the extent to which such processes are
consistent with similar processes applied to other Federal or State
agencies with jurisdiction over labor relations, and an evaluation
of any justifications for any discrepancies between the processes
of the Mediation Board and such similar Federal or State processes.
``(c) Appropriate Congressional Committee Defined.--In this
section, the term `appropriate congressional committees' means the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Health, Education, Labor, and
Pensions of the Senate.''.
TITLE XI--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
SEC. 1100. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
SEC. 1101. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) is amended
by striking ``February 17, 2012'' and inserting ``September 30, 2015''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A) is amended
by striking ``February 17, 2012'' and inserting ``September 30,
2015''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A) is amended
by striking ``February 17, 2012'' and inserting ``September 30,
2015''.
(c) Effective Date.--The amendments made by this section shall take
effect on February 18, 2012.
SEC. 1102. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) is amended--
(1) by striking ``February 18, 2012'' in the matter preceding
subparagraph (A) and inserting ``October 1, 2015'', and
(2) by striking the semicolon at the end of subparagraph (A)
and inserting ``or the FAA Modernization and Reform Act of 2012;''.
(b) Conforming Amendment.--Paragraph (2) of section 9502(e) is
amended by striking ``February 18, 2012'' and inserting ``October 1,
2015''.
(c) Effective Date.--The amendments made by this section shall take
effect on February 18, 2012.
SEC. 1103. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP PROGRAMS.
(a) Fuel Surtax.--
(1) In general.--Subchapter B of chapter 31 is amended by
adding at the end the following new section:
``SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF A FRACTIONAL
OWNERSHIP PROGRAM.
``(a) In General.--There is hereby imposed a tax on any liquid used
(during any calendar quarter by any person) in a fractional program
aircraft as fuel--
``(1) for the transportation of a qualified fractional owner
with respect to the fractional ownership aircraft program of which
such aircraft is a part, or
``(2) with respect to the use of such aircraft on account of
such a qualified fractional owner, including use in deadhead
service.
``(b) Amount of Tax.--The rate of tax imposed by subsection (a) is
14.1 cents per gallon.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Fractional program aircraft.--The term `fractional
program aircraft' means, with respect to any fractional ownership
aircraft program, any aircraft which--
``(A) is listed as a fractional program aircraft in the
management specifications issued to the manager of such program
by the Federal Aviation Administration under subpart K of part
91 of title 14, Code of Federal Regulations, and
``(B) is registered in the United States.
``(2) Fractional ownership aircraft program.--The term
`fractional ownership aircraft program' means a program under
which--
``(A) a single fractional ownership program manager
provides fractional ownership program management services on
behalf of the fractional owners,
``(B) there are 1 or more fractional owners per fractional
program aircraft, with at least 1 fractional program aircraft
having more than 1 owner,
``(C) with respect to at least 2 fractional program
aircraft, none of the ownership interests in such aircraft
are--
``(i) less than the minimum fractional ownership
interest, or
``(ii) held by the program manager referred to in
subparagraph (A),
``(D) there exists a dry-lease aircraft exchange
arrangement among all of the fractional owners, and
``(E) there are multi-year program agreements covering the
fractional ownership, fractional ownership program management
services, and dry-lease aircraft exchange aspects of the
program.
``(3) Definitions related to fractional ownership interests.--
``(A) Qualified fractional owner.--The term `qualified
fractional owner' means any fractional owner which has a
minimum fractional ownership interest in at least one
fractional program aircraft.
``(B) Minimum fractional ownership interest.--The term
`minimum fractional ownership interest' means, with respect to
each type of aircraft--
``(i) a fractional ownership interest equal to or
greater than 1/16 of at least 1 subsonic, fixed wing, or
powered lift aircraft, or
``(ii) a fractional ownership interest equal to or
greater than 1/32 of at least 1 rotorcraft aircraft.
``(C) Fractional ownership interest.--The term `fractional
ownership interest' means--
``(i) the ownership of an interest in a fractional
program aircraft,
``(ii) the holding of a multi-year leasehold interest
in a fractional program aircraft, or
``(iii) the holding of a multi-year leasehold interest
which is convertible into an ownership interest in a
fractional program aircraft.
``(D) Fractional owner.--The term `fractional owner' means
any person owning any interest (including the entire interest)
in a fractional program aircraft.
``(4) Dry-lease aircraft exchange.--The term `dry-lease
aircraft exchange' means an agreement, documented by the written
program agreements, under which the fractional program aircraft are
available, on an as needed basis without crew, to each fractional
owner.
``(5) Special rule relating to use of fractional program
aircraft for flight demonstration, maintenance, or training.--For
purposes of subsection (a), a fractional program aircraft shall not
be considered to be used for the transportation of a qualified
fractional owner, or on account of such qualified fractional owner,
when it is used for flight demonstration, maintenance, or crew
training.
``(6) Special rule relating to deadhead service.--A fractional
program aircraft shall not be considered to be used on account of a
qualified fractional owner when it is used in deadhead service and
a person other than a qualified fractional owner is separately
charged for such service.
``(d) Termination.--This section shall not apply to liquids used as
a fuel in an aircraft after September 30, 2021.''.
(2) Conforming amendment.--Subsection (e) of section 4082 is
amended by inserting ``(other than kerosene with respect to which
tax is imposed under section 4043)'' after ``In the case of
kerosene''.
(3) Transfer of revenues to airport and airway trust fund.--
Paragraph (1) of section 9502(b) is amended by redesignating
subparagraphs (B) and (C) as subparagraphs (C) and (D),
respectively, and by inserting after subparagraph (A) the following
new subparagraph:
``(B) section 4043 (relating to surtax on fuel used in
aircraft part of a fractional ownership program),''.
(4) Clerical amendment.--The table of sections for subchapter B
of chapter 31 is amended by adding at the end the following new
item:
``Sec. 4043. Surtax on fuel used in aircraft part of a fractional
ownership program.''.
(b) Fractional Ownership Programs Treated as Non-commercial
Aviation.--Subsection (b) of section 4083 is amended by adding at the
end the following new sentence: ``Such term shall not include the use
of any aircraft before October 1, 2015, if tax is imposed under section
4043 with respect to the fuel consumed in such use or if no tax is
imposed on such use under section 4043 by reason of subsection (c)(5)
thereof.''.
(c) Exemption From Tax on Transportation of Persons.--Section 4261,
as amended by this Act, is amended by redesignating subsection (j) as
subsection (k) and by inserting after subsection (i) the following new
subsection:
``(j) Exemption for Aircraft in Fractional Ownership Aircraft
Programs.--No tax shall be imposed by this section or section 4271 on
any air transportation if tax is imposed under section 4043 with
respect to the fuel used in such transportation. This subsection shall
not apply after September 30, 2015.''.
(d) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to fuel used after March 31, 2012.
(2) Subsection (b).--The amendment made by subsection (b) shall
apply to uses of aircraft after March 31, 2012.
(3) Subsection (c).--The amendments made by subsection (c)
shall apply to taxable transportation provided after March 31,
2012.
SEC. 1104. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.
(a) In General.--Section 7275 is amended--
(1) by redesignating subsection (c) as subsection (d),
(2) by striking ``subsection (a) or (b)'' in subsection (d), as
so redesignated, and inserting ``subsection (a), (b), or (c)'', and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Non-tax Charges.--
``(1) In general.--In the case of transportation by air for
which disclosure on the ticket or advertising for such
transportation of the amounts paid for passenger taxes is required
by subsection (a)(2) or (b)(1)(B), if such amounts are separately
disclosed, it shall be unlawful for the disclosure of such amounts
to include any amounts not attributable to such taxes.
``(2) Inclusion in transportation cost.--Nothing in this
subsection shall prohibit the inclusion of amounts not attributable
to the taxes imposed by subsection (a), (b), or (c) of section 4261
in the disclosure of the amount paid for transportation as required
by subsection (a)(1) or (b)(1)(A), or in a separate disclosure of
amounts not attributable to such taxes.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable transportation provided after March 31, 2012.
SEC. 1105. TAX-EXEMPT BOND FINANCING FOR FIXED-WING EMERGENCY MEDICAL
AIRCRAFT.
(a) In General.--Subsection (e) of section 147 is amended by adding
at the end the following new sentence: ``The preceding sentence shall
not apply to any fixed-wing aircraft equipped for, and exclusively
dedicated to providing, acute care emergency medical services (within
the meaning of section 4261(g)(2)).''.
(b) Effective Date.--The amendment made by this section shall apply
to obligations issued after the date of the enactment of this Act.
SEC. 1106. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY.
(a) General Rules.--
(1) Rollover of airline payment amount.--If a qualified airline
employee receives any airline payment amount and transfers any
portion of such amount to a traditional IRA within 180 days of
receipt of such amount (or, if later, within 180 days of the date
of the enactment of this Act), then such amount (to the extent so
transferred) shall be treated as a rollover contribution described
in section 402(c) of the Internal Revenue Code of 1986. A qualified
airline employee making such a transfer may exclude from gross
income the amount transferred, in the taxable year in which the
airline payment amount was paid to the qualified airline employee
by the commercial passenger airline carrier.
(2) Transfer of amounts attributable to airline payment amount
following rollover to roth ira.--A qualified airline employee who
has contributed an airline payment amount to a Roth IRA that is
treated as a qualified rollover contribution pursuant to section
125 of the Worker, Retiree, and Employer Recovery Act of 2008, may
transfer to a traditional IRA, in a trustee-to-trustee transfer,
all or any part of the contribution (together with any net income
allocable to such contribution), and the transfer to the
traditional IRA will be deemed to have been made at the time of the
rollover to the Roth IRA, if such transfer is made within 180 days
of the date of the enactment of this Act. A qualified airline
employee making such a transfer may exclude from gross income the
airline payment amount previously rolled over to the Roth IRA, to
the extent an amount attributable to the previous rollover was
transferred to a traditional IRA, in the taxable year in which the
airline payment amount was paid to the qualified airline employee
by the commercial passenger airline carrier. No amount so
transferred to a traditional IRA may be treated as a qualified
rollover contribution with respect to a Roth IRA within the 5-
taxable year period beginning with the taxable year in which such
transfer was made.
(3) Extension of time to file claim for refund.--A qualified
airline employee who excludes an amount from gross income in a
prior taxable year under paragraph (1) or (2) may reflect such
exclusion in a claim for refund filed within the period of
limitation under section 6511(a) of such Code (or, if later, April
15, 2013).
(4) Overall limitation on amounts transferred to traditional
iras.--
(A) In general.--The aggregate amount of airline payment
amounts which may be transferred to 1 or more traditional IRAs
under paragraphs (1) and (2) with respect to any qualified
employee for any taxable year shall not exceed the excess (if
any) of--
(i) 90 percent of the aggregate airline payment amounts
received by the qualified airline employee during the
taxable year and all preceding taxable years, over
(ii) the aggregate amount of such transfers to which
paragraphs (1) and (2) applied for all preceding taxable
years.
(B) Special rules.--For purposes of applying the limitation
under subparagraph (A)--
(i) any airline payment amount received by the
surviving spouse of any qualified employee, and any amount
transferred to a traditional IRA by such spouse under
subsection (d), shall be treated as an amount received or
transferred by the qualified employee, and
(ii) any amount transferred to a traditional IRA which
is attributable to net income described in paragraph (2)
shall not be taken into account.
(5) Covered executives not eligible to make transfers.--
Paragraphs (1) and (2) shall not apply to any transfer by a
qualified airline employee (or any transfer authorized under
subsection (d) by a surviving spouse of the qualified airline
employee) if at any time during the taxable year of the transfer or
any preceding taxable year the qualified airline employee held a
position described in subparagraph (A) or (B) of section 162(m)(3)
with the commercial passenger airline carrier from whom the airline
payment amount was received.
(b) Treatment of Airline Payment Amounts and Transfers for
Employment Taxes.--For purposes of chapter 21 of the Internal Revenue
Code of 1986 and section 209 of the Social Security Act, an airline
payment amount shall not fail to be treated as a payment of wages by
the commercial passenger airline carrier to the qualified airline
employee in the taxable year of payment because such amount is excluded
from the qualified airline employee's gross income under subsection
(a).
(c) Definitions and Special Rules.--For purposes of this section--
(1) Airline payment amount.--
(A) In general.--The term ``airline payment amount'' means
any payment of any money or other property which is payable by
a commercial passenger airline carrier to a qualified airline
employee--
(i) under the approval of an order of a Federal
bankruptcy court in a case filed after September 11, 2001,
and before January 1, 2007, and
(ii) in respect of the qualified airline employee's
interest in a bankruptcy claim against the carrier, any
note of the carrier (or amount paid in lieu of a note being
issued), or any other fixed obligation of the carrier to
pay a lump sum amount.
The amount of such payment shall be determined without regard
to any requirement to deduct and withhold tax from such payment
under sections 3102(a) of the Internal Revenue Code of 1986 and
3402(a) of such Code.
(B) Exception.--An airline payment amount shall not include
any amount payable on the basis of the carrier's future
earnings or profits.
(2) Qualified airline employee.--The term ``qualified airline
employee'' means an employee or former employee of a commercial
passenger airline carrier who was a participant in a defined
benefit plan maintained by the carrier which--
(A) is a plan described in section 401(a) of the Internal
Revenue Code of 1986 which includes a trust exempt from tax
under section 501(a) of such Code, and
(B) was terminated or became subject to the restrictions
contained in paragraphs (2) and (3) of section 402(b) of the
Pension Protection Act of 2006.
(3) Traditional ira.--The term ``traditional IRA'' means an
individual retirement plan (as defined in section 7701(a)(37) of
the Internal Revenue Code of 1986) which is not a Roth IRA.
(4) Roth ira.--The term ``Roth IRA'' has the meaning given such
term by section 408A(b) of such Code.
(d) Surviving Spouse.--If a qualified airline employee died after
receiving an airline payment amount, or if an airline payment amount
was paid to the surviving spouse of a qualified airline employee in
respect of the qualified airline employee, the surviving spouse of the
qualified airline employee may take all actions permitted under section
125 of the Worker, Retiree and Employer Recovery Act of 2008, or under
this section, to the same extent that the qualified airline employee
could have done had the qualified airline employee survived.
(e) Effective Date.--This section shall apply to transfers made
after the date of the enactment of this Act with respect to airline
payment amounts paid before, on, or after such date.
SEC. 1107. TERMINATION OF EXEMPTION FOR SMALL JET AIRCRAFT ON
NONESTABLISHED LINES.
(a) In General.--The first sentence of section 4281 is amended by
inserting ``or when such aircraft is a jet aircraft'' after ``an
established line''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable transportation provided after March 31, 2012.
SEC. 1108. MODIFICATION OF CONTROL DEFINITION FOR PURPOSES OF SECTION
249.
(a) In General.--Section 249(a) is amended by striking ``, or a
corporation in control of, or controlled by,'' and inserting ``, or a
corporation in the same parent-subsidiary controlled group (within the
meaning of section 1563(a)(1) as''.
(b) Conforming Amendment.--Section 249(b) is amended--
(1) by striking all that precedes ``is the issue price'' and
inserting:
``(b) Adjusted Issue Price.--For purposes of subsection (a), the
adjusted issue price'', and
(2) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall
apply to repurchases after the date of the enactment of this Act.
TITLE XII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010
SEC. 1201. COMPLIANCE PROVISION.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on this conference report
or amendment between the Houses.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.