[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.