[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 658 Reported in House (RH)]

                                                  Union Calendar No. 19
112th CONGRESS
  1st Session
                                H. R. 658

                  [Report No. 112-29, Parts I and II]

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2011

 Mr. Mica (for himself, Mr. Petri, Mr. Hultgren, Mr. Young of Alaska, 
     Mr. Graves of Missouri, Mr. Long, Mr. Meehan, Mr. Hanna, Mr. 
Southerland, Mr. Westmoreland, Mr. Gibbs, Mr. Bucshon, Mr. Cohen, Mrs. 
Capito, Mr. Denham, Mr. Barletta, Mr. Farenthold, Mr. Reed, Mr. Coble, 
   Mr. Lankford, Mr. Shuster, and Mr. Gary G. Miller of California) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

                             March 10, 2011

Reported with an amendment and referred, for a period ending not later 
     than March 23, 2011, to the Committee on Science, Space, and 
   Technology, for consideration of such provisions of the bill and 
amendment as fall within the jurisdiction of that committee pursuant to 
    clause 1(p), rule X, and to the Committee on the Judiciary, for 
  consideration of such provisions of the bill and amendment as fall 
within the jurisdiction of that committee pursuant to clause 1(l), rule 
                                   X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             March 16, 2011

   Supplemental report filed by the Committee on Transportation and 
                             Infrastructure

                             March 23, 2011

     Additional sponsors: Mr. Cravaack, Mr. Rokita, and Mr. Guinta

                             March 23, 2011

  The Committees on Science, Space, and Technology and the Judiciary 
discharged; committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           February 11, 2011]

_______________________________________________________________________

                                 A BILL


 
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 
Reauthorization and Reform Act of 2011''.
    (b) Table of Contents.--

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.
Sec. 106. Funding for administrative expenses for airport programs.

                 Subtitle B--Passenger Facility Charges

Sec. 111. Passenger facility charges.
Sec. 112. Airport access flexibility program.
Sec. 113. GAO study of alternative means of collecting PFCs.
Sec. 114. 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. Aerotropolis transportation systems.
Sec. 133. AIP definitions.
Sec. 134. Recycling plans for airports.
Sec. 135. Contents of competition plans.
Sec. 136. Grant assurances.
Sec. 137. Agreements granting through-the-fence access to general 
                            aviation airports.
Sec. 138. Government share of project costs.
Sec. 139. Allowable project costs.
Sec. 140. Veterans' preference.
Sec. 141. Standardizing certification of disadvantaged business 
                            enterprises.
Sec. 142. Special apportionment rules.
Sec. 143. Apportionments.
Sec. 144. Marshall Islands, Micronesia, and Palau.
Sec. 145. Designating current and former military airports.
Sec. 146. Contract tower program.
Sec. 147. Resolution of disputes concerning airport fees.
Sec. 148. Sale of private airports to public sponsors.
Sec. 149. Repeal of certain limitations on Metropolitan Washington 
                            Airports Authority.
Sec. 150. Midway Island Airport.
Sec. 151. Miscellaneous amendments.
Sec. 152. Extension of grant authority for compatible land use planning 
                            and projects by State and local 
                            governments.
Sec. 153. Priority review of construction projects in cold weather 
                            States.
Sec. 154. Study on national plan of integrated airport systems.
Sec. 155. Transfers of terminal area air navigation equipment to 
                            airport sponsors.
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. Siting of wind farms near FAA navigational aids and other 
                            assets.
Sec. 219. Airspace redesign.

                           TITLE III--SAFETY

                     Subtitle A--General Provisions

Sec. 301. Judicial review of denial of airman certificates.
Sec. 302. Release of data relating to abandoned type certificates and 
                            supplemental type certificates.
Sec. 303. Design and production organization certificates.
Sec. 304. Aircraft certification process review and reform.
Sec. 305. Consistency of regulatory interpretation.
Sec. 306. Runway safety.
Sec. 307. Improved pilot licenses.
Sec. 308. Flight attendant fatigue.
Sec. 309. Flight Standards Evaluation Program.
Sec. 310. Cockpit smoke.
Sec. 311. Safety of air ambulance operations.
Sec. 312. Off-airport, low-altitude aircraft weather observation 
                            technology.
Sec. 313. Feasibility of requiring helicopter pilots to use night 
                            vision goggles.
Sec. 314. Prohibition on personal use of electronic devices on flight 
                            deck.
Sec. 315. Noncertificated maintenance providers.
Sec. 316. Inspection of foreign repair stations.
Sec. 317. Sunset of line check.

                 Subtitle B--Unmanned Aircraft Systems

Sec. 321. Definitions.
Sec. 322. Commercial unmanned aircraft systems integration plan.
Sec. 323. Special rules for certain unmanned aircraft systems.
Sec. 324. Public unmanned aircraft systems.
Sec. 325. Unmanned aircraft systems test ranges.

                   Subtitle C--Safety and Protections

Sec. 331. Postemployment restrictions for flight standards inspectors.
Sec. 332. Review of air transportation oversight system database.
Sec. 333. Improved voluntary disclosure reporting system.
Sec. 334. Aviation Whistleblower Investigation Office.
Sec. 335. Duty periods and flight time limitations applicable to flight 
                            crewmembers.

                   TITLE IV--AIR SERVICE IMPROVEMENTS

                   Subtitle A--Essential Air Service

Sec. 401. Essential air service marketing.
Sec. 402. Notice to communities prior to termination of eligibility for 
                            subsidized essential air service.
Sec. 403. Essential air service contract guidelines.
Sec. 404. Essential air service reform.
Sec. 405. Small community air service.
Sec. 406. Adjustments to compensation for significantly increased 
                            costs.
Sec. 407. Repeal of EAS local participation program.
Sec. 408. Sunset of essential air service program.

             Subtitle B--Passenger Air Service Improvements

Sec. 421. Smoking prohibition.
Sec. 422. Monthly air carrier reports.
Sec. 423. Flight operations at Ronald Reagan Washington National 
                            Airport.
Sec. 424. Musical instruments.
Sec. 425. Passenger air service improvements.
Sec. 426. Airfares for members of the Armed Forces.
Sec. 427. Review of air carrier flight delays, cancellations, and 
                            associated causes.
Sec. 428. Denied boarding compensation.
Sec. 429. Compensation for delayed baggage.
Sec. 430. Schedule reduction.
Sec. 431. DOT airline consumer complaint investigations.
Sec. 432. Study of operators regulated under part 135.
Sec. 433. Use of cell phones on passenger aircraft.

                  TITLE V--ENVIRONMENTAL STREAMLINING

Sec. 501. Overflights of national parks.
Sec. 502. State block grant program.
Sec. 503. NextGen environmental efficiency projects streamlining.
Sec. 504. Airport funding of special studies or reviews.
Sec. 505. Noise compatibility programs.
Sec. 506. Grant eligibility for assessment of flight procedures.
Sec. 507. Determination of fair market value of residential properties.
Sec. 508. Prohibition on operating certain aircraft weighing 75,000 
                            pounds or less not complying with stage 3 
                            noise levels.
Sec. 509. Aircraft departure queue management pilot program.
Sec. 510. High performance, sustainable, and cost-effective air traffic 
                            control facilities.
Sec. 511. Sense of Congress.
Sec. 512. Aviation noise complaints.

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. Presidential rank award program.
Sec. 603. FAA technical training and staffing.
Sec. 604. Safety critical staffing.
Sec. 605. FAA air traffic controller staffing.
Sec. 606. Air traffic control specialist qualification training.
Sec. 607. Assessment of training programs for air traffic controllers.
Sec. 608. Collegiate training initiative study.
Sec. 609. FAA facility conditions.
Sec. 610. Frontline manager staffing.

                     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 access to criminal history records and database systems.
Sec. 803. Civil penalties technical amendments.
Sec. 804. Realignment and consolidation 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. Cylinders of compressed oxygen or other oxidizing gases.

                   TITLE IX--NATIONAL MEDIATION BOARD

Sec. 901. Authority of Inspector General.
Sec. 902. Evaluation and audit of National Mediation Board.
Sec. 903. Repeal of rule.

                TITLE X--COMMERCIAL SPACE TRANSPORTATION

Sec. 1001. Space flight passengers.

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)--
            ``(1) $3,176,000,000 for fiscal year 2011;
            ``(2) $3,000,000,000 for fiscal year 2012;
            ``(3) $3,000,000,000 for fiscal year 2013; and
            ``(4) $3,000,000,000 for fiscal year 2014.
    ``(b) Availability of Amounts.--Amounts made available under 
subsection (a) shall remain available until expended.
    ``(c) Limitation.--Amounts made available under subsection (a) may 
not be used for carrying out the Airport Cooperative Research Program 
or the Airports Technology Research Program.''.
    (b) Obligational Authority.--Section 47104(c) is amended by 
striking ``March 31, 2011'' and inserting ``September 30, 2014''.

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

    (a) Authorization of Appropriations.--Section 48101(a) is amended 
by striking paragraphs (1) through (6) and inserting the following:
            ``(1) $2,700,000,000 for fiscal year 2011.
            ``(2) $2,600,000,000 for fiscal year 2012.
            ``(3) $2,600,000,000 for fiscal year 2013.
            ``(4) $2,600,000,000 for fiscal year 2014.''.
    (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 (F) and inserting the following:
                    ``(A) $9,403,000,000 for fiscal year 2011;
                    ``(B) $9,168,000,000 for fiscal year 2012;
                    ``(C) $9,168,000,000 for fiscal year 2013; and
                    ``(D) $9,168,000,000 for fiscal year 2014.''.
    (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 ``2011 through 
        2014''.
    (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 2011 through 2014, 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 2011, 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 2012 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 aviation investment 
                programs listed in subsection (b).''.
    (b) Additional Authorizations of Appropriations From the General 
Fund.--Section 48114(a)(2) is amended by striking ``2007'' and 
inserting ``2014''.
    (c) Estimated Level of Receipts Plus Interest Defined.--Section 
48114(b)(2) is amended--
            (1) in the paragraph heading by striking ``Level'' and 
        inserting ``Estimated level''; and
            (2) by striking ``level of receipts plus interest'' and 
        inserting ``estimated level of receipts plus interest''.
    (d) Enforcement of Guarantees.--Section 48114(c)(2) is amended by 
striking ``2007'' and inserting ``2014''.

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).''.

SEC. 106. FUNDING FOR ADMINISTRATIVE EXPENSES FOR AIRPORT PROGRAMS.

    (a) In General.--Section 48105 is amended to read as follows:
``Sec. 48105. Airport programs administrative expenses
    ``(a) In General.--Of the funds made available under section 48103, 
the following amounts may be available for administrative expenses of 
the Federal Aviation Administration described in subsection (b):
            ``(1) $85,987,000 for fiscal year 2011.
            ``(2) $80,676,000 for fiscal year 2012.
            ``(3) $80,676,000 for fiscal year 2013.
            ``(4) $80,676,000 for fiscal year 2014.
    ``(b) Eligible Administrative Expenses.--Amounts made available 
under subsection (a) may be used for administrative expenses relating 
to the airport improvement program, passenger facility charge approval 
and oversight, national airport system planning, airport standards 
development and enforcement, airport certification, airport-related 
environmental activities (including legal services), and other airport-
related activities.
    ``(c) Availability of Amounts.--Amounts made available under 
subsection (a) shall remain available until expended.''.
    (b) Clerical Amendment.--The analysis for chapter 481 is amended by 
striking the item relating to section 48105 and inserting the 
following:

``48105. Airport programs administrative expenses.''.

                 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.--Subtitle VII is amended by striking 
        ``fee'' and inserting ``charge'' each place it appears in each 
        of the following sections:
                    (A) Section 47106(f)(1).
                    (B) Section 47110(e)(5).
                    (C) Section 47114(f).
                    (D) Section 47134(g)(1).
                    (E) Section 47139(b).
                    (F) Section 47524(e).
                    (G) Section 47526(2).
            (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. AIRPORT ACCESS FLEXIBILITY PROGRAM.

    Section 40117 is amended by adding at the end the following:
    ``(n) Airport Access Flexibility Program.--
            ``(1) PFC eligibility.--Subject to the requirements of this 
        subsection, the Secretary shall establish a pilot program under 
        which the Secretary may authorize, at no more than 5 airports, 
        a passenger facility charge imposed under subsection (b)(1) or 
        (b)(4) to be used to finance the eligible cost of an intermodal 
        ground access project.
            ``(2) Intermodal ground access project defined.--In this 
        subsection, the term `intermodal ground access project' means a 
        project for constructing a local facility owned or operated by 
        an eligible agency that is directly and substantially related 
        to the movement of passengers or property traveling in air 
        transportation.
            ``(3) Eligible costs.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the eligible cost of an intermodal ground access 
                project at an airport shall be the total cost of the 
                project multiplied by the ratio that--
                            ``(i) the number of individuals projected 
                        to use the project to gain access to or depart 
                        from the airport; bears to
                            ``(ii) the total number of the individuals 
                        projected to use the facility.
                    ``(B) Determinations regarding projected project 
                use.--
                            ``(i) In general.--Except as provided by 
                        clause (ii), the Secretary shall determine the 
                        projected use of a project for purposes of 
                        subparagraph (A) at the time the project is 
                        approved under this subsection.
                            ``(ii) Public transportation projects.--In 
                        the case of a project approved under this 
                        section to be financed in part using funds 
                        administered by the Federal Transit 
                        Administration, the Secretary shall use the 
                        travel forecasting model for the project at the 
                        time the project is approved by the Federal 
                        Transit Administration to enter preliminary 
                        engineering to determine the projected use of 
                        the project for purposes of subparagraph 
                        (A).''.

SEC. 113. GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS.

    (a) In General.--The Comptroller General 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 one 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. 114. QUALIFICATIONS-BASED SELECTION.

    (a) Qualifications-based Selection Defined.--In this section, the 
term ``qualifications-based selection'' means a competitive procurement 
process under which firms compete for capital improvement projects on 
the basis of qualifications, past experience, and specific expertise.
    (b) Sense of Congress.--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) Adjustment of overflight fees.--In accordance with 
        section 106(f)(3)(A), the Administrator shall adjust the 
        overflight fees established by subsection (a)(1) by issuing a 
        final rule with respect to the notice of proposed rulemaking 
        published in the Federal Register on September 28, 2010 (75 
        Fed. Reg. 59661).
            ``(5) 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.
            ``(6) 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.
            ``(7) Special rule for fiscal years 2011 through 2015.--In 
        each of fiscal years 2011 through 2015, section 45303(c) shall 
        not apply to any increase in fees collected pursuant to a final 
        rule described in paragraph (4).''.
    (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. AEROTROPOLIS TRANSPORTATION SYSTEMS.

    Section 47101(g) is amended by adding at the end the following:
            ``(4) Aerotropolis transportation systems.--Encourage the 
        development of aerotropolis transportation systems, which are 
        planned and coordinated multimodal freight and passenger 
        transportation networks that, as determined by the Secretary, 
        provide efficient, cost-effective, sustainable, and intermodal 
        connectivity to a defined region of economic significance 
        centered around a major airport.''.

SEC. 133. 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. 134. 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. 135. 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. 136. GRANT ASSURANCES.

    (a) General Written Assurances.--Section 47107(a)(16)(D)(ii) is 
amended by inserting before the semicolon at the end the following: ``, 
except in the case of a relocation or replacement of an existing 
airport facility that meets the conditions of section 47110(d)''.
    (b) Written Assurances on Acquiring Land.--
            (1) Use of proceeds.--Section 47107(c)(2)(A)(iii) is 
        amended by striking ``paid to the Secretary'' and all that 
        follows before the semicolon and inserting ``reinvested in 
        another project at the airport or transferred to another 
        airport as the Secretary prescribes under paragraph (4)''.
            (2) Eligible projects.--Section 47107(c) is amended by 
        adding at the end the following:
    ``(4) In approving the reinvestment or transfer of proceeds under 
paragraph (2)(A)(iii), the Secretary shall give preference, in 
descending order, to the following actions:
            ``(A) Reinvestment in an approved noise compatibility 
        project.
            ``(B) Reinvestment in an approved project that is eligible 
        for funding under section 47117(e).
            ``(C) Reinvestment in an approved airport development 
        project that is eligible for funding under section 47114, 
        47115, or 47117.
            ``(D) Transfer to a sponsor of another public airport to be 
        reinvested in an approved noise compatibility project at such 
        airport.
            ``(E) Payment to the Secretary for deposit in the Airport 
        and Airway Trust Fund.''.
    (c) Clerical Amendment.--Section 47107(c)(2)(B)(iii) is amended by 
striking ``the Fund'' and inserting ``the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue Code of 1986''.
    (d) Extension of Competitive Access Reports.--Section 47107(s) is 
amended by striking paragraph (3).

SEC. 137. 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 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 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 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 the airport access to the airfield 
                        of the airport;
                            ``(iii) to maintain the property for 
                        residential, noncommercial use for the duration 
                        of the agreement; and
                            ``(iv) to prohibit access to the airport 
                        from other properties through the property of 
                        the property owner.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to an agreement between an airport sponsor and a property owner 
entered into before, on, or after the date of enactment of this Act.

SEC. 138. 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 
following such change in hub status.
    ``(f) Special Rule for Economically Depressed Communities.--The 
Government's share of allowable project costs shall be 95 percent for a 
project at an airport that--
            ``(1) is receiving subsidized air service under subchapter 
        II of chapter 417; and
            ``(2) is located in an area that meets one or more of the 
        criteria established in section 301(a) of the Public Works and 
        Economic Development Act of 1965 (42 U.S.C. 3161(a)), as 
        determined by the Secretary of Commerce.''.

SEC. 139. 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 due to climactic conditions affecting 
                the construction season in the vicinity of the airport;
                    ``(ii) the cost is in accordance with an airport 
                layout plan approved by the Secretary and with all 
                statutory and administrative requirements that would 
                have been applicable to the project if the project had 
                been carried out after execution of the grant 
                agreement, 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,''.

SEC. 140. 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. 141. 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 one 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).''.

SEC. 142. 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 2011 and 2012.--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 2011 and 
                2012.--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 2011 and 2012 to the sponsor of such airport an 
                amount equal to the amount apportioned to that sponsor 
                in fiscal year 2009.''.

SEC. 143. APPORTIONMENTS.

    Chapter 471 is amended by striking ``$3,200,000,000'' and inserting 
``$3,000,000,000'' in each of the following sections:
            (1) 47114(c)(1)(C).
            (2) 47114(c)(2)(C).
            (3) 47114(d)(3).
            (4) 47114(e)(4).
            (5) 47117(e)(1)(C).

SEC. 144. MARSHALL ISLANDS, MICRONESIA, AND PALAU.

    Section 47115(j) is amended by striking ``fiscal years 2004 through 
2010, and for the portion of fiscal year 2011 ending before April 1, 
2011,'' and inserting ``fiscal years 2010 through 2014,''.

SEC. 145. 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. 146. CONTRACT TOWER PROGRAM.

    (a) Cost-Benefit Requirement.--Section 47124(b) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Contract tower program.--
                    ``(A) Continuation and extension.--The Secretary 
                shall continue the low activity (Visual Flight Rules) 
                Level I air traffic control tower contract program 
                established under subsection (a) for towers existing on 
                December 30, 1987, and shall extend the program to 
                other low activity air traffic control towers for which 
                a qualified entity (as determined by the Secretary), a 
                State, or a subdivision of the State meeting the 
                requirements set forth by the Secretary has requested 
                to participate in the program.
                    ``(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) by striking ``(2) The Secretary'' and inserting the 
        following:
            ``(2) General authority.--The Secretary''.
    (b) Costs Exceeding Benefits.--Section 47124(b)(3)(D) is amended--
            (1) by striking ``If the costs'' and inserting the 
        following:
                            ``(i) Cost sharing.--If the costs''; and
            (2) by adding at the end the following:
                            ``(ii) Maximum local cost share.--The 
                        maximum allowable local cost share allocated 
                        under clause (i) for an airport certified under 
                        part 139 of title 14, Code of Federal 
                        Regulations, with fewer than 50,000 annual 
                        passenger enplanements shall be capped at 20 
                        percent of the cost of operating an air traffic 
                        tower under the program.
                            ``(iii) Sunset.--Clause (ii) shall not be 
                        in effect after September 30, 2014.''.
    (c) 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 $8,500,000 
                for each of fiscal years 2011 through 2014 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).''.
    (d) Federal Share.--Section 47124(b)(4)(C) is amended by striking 
``$1,500,000'' and inserting ``$2,000,000''.
    (e) Safety Audits.--Section 47124 is amended by adding at the end 
the following:
    ``(c) Safety Audits.--The Secretary shall establish uniform 
standards and requirements for regular safety assessments of air 
traffic control towers that receive funding under this section.''.

SEC. 147. 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. 148. 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. 149. 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. 150. MIDWAY ISLAND AIRPORT.

    Section 186(d) of the Vision 100--Century of Aviation 
Reauthorization Act (117 Stat. 2518) is amended by striking ``October 
1, 2010, and for the portion of fiscal year 2011 ending before April 1, 
2011,'' and inserting ``October 1, 2014,''.

SEC. 151. 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)(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 subsection (c)(2)(B) (as redesignated by paragraph 
        (1) of this subsection) by striking ``section 47110(d)'' and 
        inserting ``subsection (a)'';
            (8) in subsection (c)(5) (as redesignated by paragraph (1) 
        of this subsection) by striking ``section 47110(d)'' and 
        inserting ``subsection (a)''; and
            (9) 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 Amendment to Civil Penalty Assessment Authority.--
Section 46301(d)(2) is amended by inserting ``46319,'' after 
``46318,''.
    (f) Other 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)''.
    (g) 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))''.
    (h) 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. 152. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING 
              AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.

    Section 47141(f) is amended by striking ``March 31, 2011'' and 
inserting ``September 30, 2014''.

SEC. 153. 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. 154. 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. 155. TRANSFERS OF TERMINAL AREA AIR NAVIGATION EQUIPMENT TO 
              AIRPORT SPONSORS.

    (a) In General.--Chapter 445 is amended by adding at the end the 
following:
``Sec. 44518. Transfers of terminal area air navigation equipment to 
              airport sponsors
    ``(a) In General.--Subject to the requirements of this section, the 
Administrator of the Federal Aviation Administrator may carry out a 
pilot program under which the Administrator may transfer ownership, 
operating, and maintenance responsibilities for terminal area air 
navigation equipment at an airport to the airport sponsor.
    ``(b) Participation.--The Administrator may select the sponsors of 
not more than 3 nonhub airports, 3 small hub airports, 3 medium hub 
airports, and 1 large hub airport to participate in the pilot program.
    ``(c) Terms and Conditions of Transfer for Airport Sponsors.--As a 
condition of participating in the pilot program, the airport sponsor 
shall provide assurances satisfactory to the Administrator that the 
sponsor will--
            ``(1) operate and maintain the terminal area air navigation 
        equipment transferred to the sponsor under this section in 
        accordance with standards to be established by the 
        Administrator;
            ``(2) permit the Administrator (or a person designated by 
        the Administrator) to conduct inspections of such terminal area 
        air navigation equipment under a schedule established by the 
        Administrator; and
            ``(3) acquire and maintain new terminal area air navigation 
        equipment at the airport as needed to replace equipment at the 
        end of its useful life or to meet new standards established by 
        the Administrator.
    ``(d) Terms and Conditions of Transfer for Administrator.--When the 
Administrator approves an airport sponsor's participation in the pilot 
program, the Administrator shall transfer, at no cost to the sponsor, 
all rights, title, and interests of the United States in and to the 
terminal area air navigation equipment to be transferred to the sponsor 
under the program, including the real property on which the equipment 
is located.
    ``(e) Treatment of Airport Costs.--Any costs incurred by an airport 
sponsor for ownership and maintenance of terminal area air navigation 
equipment transferred under this section shall be considered a cost of 
providing airfield facilities and services under standards and 
guidelines issued by the Secretary of Transportation under section 
47129(b)(2) and may be recovered in rates and charges assessed for use 
of the airport's airfield.
    ``(f) Definitions.--In this section, the following definitions 
apply:
            ``(1) Sponsor.--The term `sponsor' has the meaning given 
        that term in section 47102.
            ``(2) Terminal area air navigation equipment.--The term 
        `terminal area air navigation equipment' means an air 
        navigation facility as defined in section 40102 that exists to 
        provide approach and landing guidance to aircraft, but does not 
        include buildings used for air traffic control functions.
    ``(g) Guidelines.--The Administrator shall issue guidelines on the 
implementation of the program.''.
    (b) Clerical Amendment.--The analysis for chapter 445 is amended by 
adding at the end the following:

``44518. Transfers of terminal area air navigation equipment to airport 
                            sponsors.''.

SEC. 156. AIRPORT PRIVATIZATION PROGRAM.

    (a) Approval of Applications.--Section 47134(b) is amended--
            (1) in the matter preceding paragraph (1) by striking ``5 
        airports'' and inserting ``10 airports''; and
            (2) paragraph (1)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) In general.--The Secretary may grant an 
                exemption to an airport sponsor from the requirements 
                of sections 47107(b) and 47133 (and any other law, 
                regulation, or grant assurance) to the extent necessary 
                to permit the sponsor to recover from the sale or lease 
                of the airport such amount as may be approved by the 
                Secretary after the sponsor has consulted--
                            ``(i) in the case of a primary airport, 
                        with each air carrier and foreign air carrier 
                        serving the airport, as determined by the 
                        Secretary; and
                            ``(ii) in the case of a nonprimary airport, 
                        with at least 65 percent of the owners of 
                        aircraft based at that airport, as determined 
                        by the Secretary.''; and
                    (B) by striking subparagraph (C).
    (b) Terms and Conditions.--Section 47134(c) is amended--
            (1) by striking paragraphs (4), (5), and (9);
            (2) by redesignating paragraphs (6), (7), and (8) as 
        paragraphs (4), (5), and (6), respectively; and
            (3) by adding at the end the following:
            ``(7) A fee imposed by the airport on an air carrier or 
        foreign air carrier may not include any portion for a return on 
        investment or recovery of principal with respect to 
        consideration paid to a public agency for the lease or sale of 
        the airport unless that portion of the fee is approved by the 
        air carrier or foreign air carrier.''.
    (c) Participation of Certain Airports.--Section 47134 is amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e) through (m) as 
        subsections (d) through (l), respectively.
    (d) Applicability.--The amendments made by this section shall apply 
with respect to an exemption issued to an airport under section 47134 
of title 49, United States Code, before, on, or after the date of 
enactment of this Act.

  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) NextGen demonstrations and infrastructure.
            (2) NextGen trajectory-based operations.
            (3) NextGen reduced weather impact.
            (4) NextGen high-density arrivals/departures.
            (5) NextGen collaborative air traffic management.
            (6) NextGen flexible terminals and airports.
            (7) NextGen safety, security, and environmental reviews.
            (8) NextGen networked facilities.
            (9) The Center for Advanced Aviation System Development.
            (10) NextGen system development.
            (11) Data communications system implementation.
            (12) ADS-B infrastructure deployment and operational 
        implementation.
            (13) Systemwide information management.
            (14) NextGen facility consolidation and realignment.
            (15) En route automation modernization.
            (16) National airspace system voice switch.
            (17) NextGen network enabled weather.

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. 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 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 inserting 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;'';
            (3) in subparagraph (E) (as redesignated by paragraph (1) 
        of this section)--
                    (A) by striking ``another structure'' and inserting 
                ``any structure, equipment,''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (4) by adding at the end the following:
                    ``(F) buildings, equipment, and systems dedicated 
                to the national airspace system.''.

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. 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 of the 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 the 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 one year 
        after the date of enactment of this subsection, and annually 
        thereafter on the date of submission of the President's budget 
        request to Congress under section 1105(a) of title 31, United 
        States Code, the Secretary shall submit to 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;
                    (C) a determination of whether the Administration 
                has established sufficient mechanisms to ensure that 
                all design, acquisition, operation, and maintenance 
                requirements have been met by the contractor;
                    (D) an assessment of whether the Administration and 
                any contractors are meeting cost, schedule, and 
                performance milestones, as measured against the 
                original baseline of the Administration's program for 
                providing ADS-B services;
                    (E) an assessment of how security issues are being 
                addressed in the overall design and implementation of 
                the ADS-B system; and
                    (F) any other matters or aspects relating to 
                contract implementation and oversight that the 
                Inspector General determines merit attention.
            (3) Reports to congress.--The Inspector General shall 
        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) Rulemakings.--
            (1) ADS-B In.--Not later than one 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 date on which all 
        aircraft are required to be equipped with ADS-B In technology 
        pursuant to rulemakings conducted under 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 one 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) Airport Procedures.--
            (1) In general.--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, flight path service providers, and 
        aircraft manufacturers that includes the following:
                    (A) RNP/RNAV operations.--The required navigation 
                performance and area navigation operations, including 
                the procedures to be developed, certified, and 
                published and the air traffic control operational 
                changes, to maximize the efficiency and capacity of 
                NextGen commercial operations at the 35 operational 
                evolution partnership airports identified by the 
                Administration.
                    (B) Coordination and implementation activities.--A 
                description of the activities and operational changes 
                and approvals required to coordinate and utilize those 
                procedures at those airports.
                    (C) Implementation plan.--A plan for implementing 
                those procedures that establishes--
                            (i) clearly defined budget, schedule, 
                        project organization, and leadership 
                        requirements;
                            (ii) specific implementation and transition 
                        steps; and
                            (iii) baseline and performance metrics 
                        for--
                                    (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; and
                            (iv) expedited environmental review 
                        procedures 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).
                    (D) Additional procedures.--A process for the 
                identification, certification, and publication of 
                additional required navigation performance and area 
                navigation procedures that may be required at such 
                airports in the future.
            (2) Implementation schedule.--The Administrator shall 
        certify, publish, and implement--
                    (A) 30 percent of the required procedures not later 
                than 18 months after the date of enactment of this Act;
                    (B) 60 percent of the procedures not later than 36 
                months after the date of enactment of this Act; and
                    (C) 100 percent of the procedures before June 30, 
                2015.
    (b) Establishment of Priorities.--The Administrator shall extend 
the charter of the Performance Based Navigation Aviation Rulemaking 
Committee as necessary to establish priorities for the development, 
certification, publication, and implementation of the navigation 
performance and area navigation procedures based on their potential 
safety and efficiency benefits to other airports in the national 
airspace system, including small and medium hub airports.
    (c) Coordinated and Expedited Review.--Navigation performance and 
area navigation procedures developed, certified, published, and 
implemented under this section shall be presumed to be covered by a 
categorical exclusion (as defined in section 1508.4 of title 40, Code 
of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the 
Administrator determines that extraordinary circumstances exist with 
respect to the procedure.
    (d) Deployment Plan for Nationwide Data Communications System.--Not 
later than one 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 so as 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 Administration will use 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.

    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.

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 September 30, 
        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 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 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; 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 180 days after the date of enactment of 
this Act, the Administrator shall report to Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate concerning the 
disputes between participating employees and Administration management 
that have led to delays to the implementation of NextGen, including 
information on the source of the dispute, the resulting length of 
delay, and associated cost increases.

SEC. 218. SITING OF WIND FARMS NEAR FAA NAVIGATIONAL AIDS AND OTHER 
              ASSETS.

    (a) Survey and Assessment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, in order to address safety and 
        operational concerns associated with the construction, 
        alteration, establishment, or expansion of wind farms in 
        proximity to critical Federal Aviation Administration 
        facilities, the Administrator of the Federal Aviation 
        Administration shall complete a survey and assessment of leases 
        for critical Administration facility sites, including--
                    (A) an inventory of the leases that describes, for 
                each such lease--
                            (i) the periodic cost, location, site, 
                        terms, number of years remaining, and lessor;
                            (ii) other Administration facilities that 
                        share the leasehold, including surveillance and 
                        communications equipment; and
                            (iii) the type of transmission services 
                        supported, including the terms of service, 
                        cost, and support contract obligations for the 
                        services; and
                    (B) a list of those leases for facilities located 
                in or near areas suitable for the construction and 
                operation of wind farms, as determined by the 
                Administrator in consultation with the Secretary of 
                Energy.
            (2) Memorandum of understanding.--The Administrator and the 
        Secretary of Energy shall enter into a memorandum of 
        understanding regarding the use and distribution of the list 
        referred to in paragraph (1)(B), including considerations of 
        privacy and proprietary information, database development, or 
        other relevant applications.
            (3) Report.--Upon completion of the survey and assessment, 
        the Administrator shall submit a report to the Committee on 
        Commerce, Science, and Transportation of the Senate, the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives, and the Comptroller General containing the 
        Administrator's findings, conclusions, and recommendations.
    (b) GAO Assessment.--Not later than 180 days after receiving the 
Administrator's report under subsection (a)(3), the Comptroller 
General, in consultation with the Administrator and other interested 
parties, shall report on--
            (1) the current and potential impact of wind farms on the 
        national airspace system;
            (2) the extent to which the Department of Defense and the 
        Administration have guidance, processes, and procedures in 
        place to evaluate the impact of wind farms on the 
        implementation of the NextGen air traffic control system; and
            (3) potential mitigation strategies, if necessary, to 
        ensure that wind farms do not have an adverse impact on the 
        implementation of the Next Generation air traffic control 
        system, including the installation of navigational aids 
        associated with that system.
    (c) Issuance of Guidelines.--Not later than 180 days after the 
Administrator receives the Comptroller's recommendations, the 
Administrator shall consult with State, Federal, and industry 
stakeholders and publish guidelines for the construction and operation 
of wind farms that are to be located in proximity to critical 
Administration facilities. The guidelines may include--
            (1) the establishment of a zone system for wind farms based 
        on proximity to critical Administration assets;
            (2) the establishment of turbine height and density 
        limitations on such wind farms; and
            (3) any other requirements or recommendations designed to 
        address Administration safety or operational concerns related 
        to the construction, alteration, establishment, or expansion of 
        such wind farms.
    (d) Reports.--The Administrator and the Comptroller General shall 
provide a copy of reports under subsections (a) and (b), respectively, 
to--
            (1) the Committee on Commerce, Science, and Transportation, 
        the Committee on Homeland Security and Governmental Affairs, 
        the Committee on Armed Services of the Senate; and
            (2) the Committee on Transportation and Infrastructure, the 
        Committee on Homeland Security, the Committee on Armed 
        Services, and the Committee on Science and Technology of the 
        House of Representatives.

SEC. 219. AIRSPACE REDESIGN.

    (a) Findings.--Congress finds the following:
            (1) The airspace redesign efforts of the Federal Aviation 
        Administration will play a critical near-term role in enhancing 
        capacity, reducing delays, transitioning to more flexible 
        routing, and ultimately saving money in fuel costs for airlines 
        and airspace users.
            (2) The critical importance of airspace redesign efforts is 
        underscored by the fact that they are highlighted in strategic 
        plans of the Administration, including Flight Plan 2009-2013 
        and the NextGen Implementation Plan.
            (3) Funding cuts have led to delays and deferrals of 
        critical capacity enhancing airspace redesign efforts.
            (4) Several new runways planned for the period of fiscal 
        years 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 one 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).

                           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. AIRCRAFT CERTIFICATION PROCESS REVIEW AND REFORM.

    (a) 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.--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 one year 
after the date of enactment of this Act, the Administrator shall begin 
to implement the recommendations made under subsection (c).

SEC. 305. 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.--Not later than 6 months 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. 306. 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 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; 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 December 31, 
2011, the Administrator shall submit to Congress a report containing a 
plan for the installation and deployment of systems the Administrator 
is installing to alert controllers or flight crewmembers, or both, of 
potential runway incursions. The plan shall be integrated into the 
annual NextGen Implementation Plan document of the Administration or 
any successor document.

SEC. 307. IMPROVED PILOT LICENSES.

    (a) In General.--Not later than 9 months after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall begin to issue improved pilot licenses consistent 
with the requirements of title 49, United States Code, and title 14, 
Code of Federal Regulations.
    (b) Requirements.--Improved pilot licenses issued under subsection 
(a) shall--
            (1) be resistant to tampering, alteration, and 
        counterfeiting;
            (2) include a photograph of the individual to whom the 
        license is issued; and
            (3) be capable of accommodating a digital photograph, a 
        biometric identifier, and any other unique identifier that the 
        Administrator considers necessary.
    (c) Tampering.--To the extent practical, the Administrator shall 
develop methods to determine or reveal whether any component or 
security feature of a license issued under subsection (a) has been 
tampered with, altered, or counterfeited.
    (d) Use of Designees.--The Administrator may use designees to carry 
out subsection (a) to the extent feasible in order to minimize the 
burdens on pilots.
    (e) Report.--
            (1) In general.--Not later than one 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 begins issuing improved pilot licenses 
        under this section or December 31, 2015, whichever occurs 
        first.

SEC. 308. FLIGHT ATTENDANT FATIGUE.

    (a) Study.--The Administrator of the Federal Aviation 
Administration, acting through the Civil Aerospace Medical Institute, 
shall conduct a study on the issue of flight attendant fatigue.
    (b) Contents.--The study shall include the following:
            (1) A survey of field operations of flight attendants.
            (2) A study of incident reports regarding flight attendant 
        fatigue.
            (3) A review of international policies and practices 
        regarding flight limitations and rest of flight attendants.
            (4) An analysis of potential benefits of training flight 
        attendants regarding fatigue.
    (c) Report.--Not later than September 30, 2012, the Administrator 
shall submit to Congress a report on the results of the study.

SEC. 309. 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.--Not later than one 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. 310. COCKPIT SMOKE.

    (a) Study.--The Comptroller General 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.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the results of the study.

SEC. 311. 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 6 months after the date of enactment of this 
        section, part 135 certificate holders 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 until such time as the 
        Administrator of the Federal Aviation Administration determines 
        that portable, reliable, and accurate ground-based weather 
        measuring and reporting systems are available.
    ``(b) Rulemaking.--The Administrator shall conduct a rulemaking 
proceeding 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--
                    ``(A) mandatory training requirements, including a 
                minimum time for completing the training requirements;
                    ``(B) training subject areas, such as 
                communications procedures and appropriate technology 
                use; and
                    ``(C) establishment of training standards in--
                            ``(i) crew resource management;
                            ``(ii) flight risk evaluation;
                            ``(iii) preventing controlled flight into 
                        terrain;
                            ``(iv) recovery from inadvertent flight 
                        into instrument meteorological conditions;
                            ``(v) operational control of the pilot in 
                        command; and
                            ``(vi) use of flight simulation training 
                        devices and line-oriented flight training.
            ``(3) Safety-enhancing technology and equipment, 
        including--
                    ``(A) helicopter terrain awareness and warning 
                systems;
                    ``(B) radar altimeters;
                    ``(C) devices that perform the function of flight 
                data recorders and cockpit voice recorders, to the 
                extent feasible; and
                    ``(D) safety equipment that should be worn or used 
                by flight crewmembers and medical personnel on a 
                flight, including the possible use of shoulder 
                harnesses, helmets, seatbelts, and fire resistant 
                clothing to enhance crash survivability.
            ``(4) Such other matters as the Administrator considers 
        appropriate.
    ``(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) Rulemaking.--The Administrator shall--
            ``(1) not later than 180 days after the date of enactment 
        of this section, issue a notice of proposed rulemaking under 
        subsection (b); and
            ``(2) not later than 16 months after the last day of the 
        comment period on the proposed rule, issue a final rule.
    ``(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 a certificate issued 
        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 one year after the date of enactment of this section, and 
annually thereafter, a report containing, at a minimum, the following 
data:
            ``(1) The number of helicopters that the certificate holder 
        uses to provide helicopter air ambulance services and the base 
        locations of the helicopters.
            ``(2) The number of flights and hours flown, by 
        registration number, during which helicopters operated by the 
        certificate holder were providing helicopter air ambulance 
        services.
            ``(3) The number of flight requests for a helicopter 
        providing 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 6 months after the date of 
enactment of this section, the Administrator shall develop a method to 
collect and store the data collected under subsection (a), including a 
method to protect the confidentiality of any trade secret or 
proprietary information provided in response to this section.
    ``(d) Report to Congress.--Not later than 24 months after the date 
of enactment of this section, and annually thereafter, the 
Administrator shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report containing 
a summary of the data collected under subsection (a).
    ``(e) Part 135 Certificate Holder Defined.--In this section, the 
term `part 135 certificate holder' means a person holding a certificate 
issued under part 135 of title 14, Code of Federal Regulations.''.
    (b) 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:

``444730. Helicopter air ambulance operations.
``444731. Collection of data on helicopter air ambulance operations.''.

SEC. 312. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER OBSERVATION 
              TECHNOLOGY.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall conduct a review of off-airport, low-altitude 
aircraft weather observation technologies.
    (b) Specific Review.--The review shall include, at a minimum, an 
examination of off-airport, low-altitude weather reporting needs, an 
assessment of technical alternatives (including automated weather 
observation stations), an investment analysis, and recommendations for 
improving weather reporting.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit to Congress a report 
containing the results of the review.

SEC. 313. 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 one 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. 314. 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 44733 of title 49, United States Code, 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.--Not later than one 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. 315. NONCERTIFICATED 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
            (3) subject to subsection (c), a person that--
                    (A) provides contract maintenance workers, 
                services, or maintenance functions to a part 145 repair 
                station or part 121 air carrier; and
                    (B) meets the requirements of the part 121 air 
                carrier or the part 145 repair station.
    (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 part 121 air carrier or the part 145 repair station 
        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.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Covered work.--The term ``covered work'' means 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.

SEC. 316. INSPECTION OF FOREIGN REPAIR STATIONS.

    (a) In General.--Chapter 447 (as amended by this Act) is further 
amended by adding at the end the following:
``Sec. 44733. Inspection of foreign repair stations
    ``(a) In General.--Not later than one 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 each part 145 repair station based on the type, scope, and 
complexity of work being performed by the repair station, which shall--
            ``(1) ensure that repair stations outside the United States 
        are subject to appropriate inspections that are based on 
        identified risks and consistent with United States 
        requirements;
            ``(2) accept consideration of inspection results and 
        findings submitted by foreign civil aviation authorities 
        operating under a maintenance safety or maintenance 
        implementation agreement with the United States in meeting the 
        requirements of the safety assessment system; and
            ``(3) require all maintenance safety or maintenance 
        implementation agreements with the United States to provide an 
        opportunity for the Federal Aviation Administration to conduct 
        independent inspections of covered part 145 repair stations 
        when safety concerns warrant such inspections.
    ``(b) Notice to Congress of Negotiations.--The Administrator shall 
notify the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives on or before the 30th day after initiating 
formal negotiations with a foreign aviation authority or other 
appropriate foreign government agency on a new maintenance safety or 
maintenance implementation agreement.
    ``(c) Annual Report.--Not later than one year after the date of 
enactment of this section, and annually thereafter, the Administrator 
shall publish a report on the Administration's oversight of part 145 
repair stations and implementation of the safety assessment system 
required by subsection (a), which shall--
            ``(1) describe in detail any improvements in the Federal 
        Aviation Administration's ability to identify and track where 
        part 121 air carrier repair work is performed;
            ``(2) include a staffing model to determine the best 
        placement of inspectors and the number of inspectors needed for 
        the oversight and implementation;
            ``(3) describe the training provided to inspectors with 
        respect to the oversight and implementation;
            ``(4) include an assessment of the quality of monitoring 
        and surveillance by the Federal Aviation Administration of work 
        provided by its inspectors and the inspectors of foreign 
        authorities operating under a maintenance safety or maintenance 
        implementation agreement with the United States; and
            ``(5) specify the number of sample inspections performed by 
        Federal Aviation Administration inspectors at each repair 
        station that is covered by a maintenance safety or maintenance 
        implementation agreement with the United States.
    ``(d) Alcohol and Controlled Substance Testing Program 
Requirements.--
            ``(1) In general.--The Secretary of State and the Secretary 
        of Transportation shall request, jointly, 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 one 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 that is determined acceptable by the 
        Administrator and is consistent with the applicable laws of the 
        country in which the repair station is located.
    ``(e) Inspections.--The Administrator shall require part 145 repair 
stations to be inspected as frequently as determined warranted by the 
safety assessment system required by subsection (a), regardless of 
where the station is located, and in a manner consistent with United 
States obligations under international agreements.
    ``(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 foreign repair stations.''.

SEC. 317. SUNSET OF LINE CHECK.

    Section 44729(h) is amended by adding at the end the following:
            ``(4) Sunset of line check.--Paragraph (2) shall cease to 
        be effective following the one-year period beginning on the 
        date of enactment of the FAA Reauthorization and Reform Act of 
        2011 unless the Secretary certifies that the requirements of 
        paragraph (2) are necessary to ensure safety.''.

                 Subtitle B--Unmanned Aircraft Systems

SEC. 321. DEFINITIONS.

    In this subtitle, the following definitions apply:
            (1) Certificate of waiver; certificate of authorization.--
        The term ``certificate of waiver'' or ``certificate of 
        authorization'' means a Federal Aviation Administration grant 
        of approval for a specific flight operation.
            (2) 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.
            (3) Public unmanned aircraft system.--The term ``public 
        unmanned aircraft system'' means an unmanned aircraft system 
        that meets the qualifications and conditions required for 
        operation of a public aircraft, as defined by section 40102 of 
        title 49, United States Code.
            (4) Small unmanned aircraft.--The term ``small unmanned 
        aircraft'' means an unmanned aircraft weighing less than 55 
        pounds.
            (5) Test range.--The term ``test range'' means a defined 
        geographic area where research and development are conducted.
            (6) Unmanned aircraft.--The term ``unmanned aircraft'' 
        means an aircraft that is operated without the possibility of 
        direct human intervention from within or on the aircraft.
            (7) Unmanned aircraft system.--The term ``unmanned aircraft 
        system'' means an unmanned aircraft and associated elements 
        (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. 322. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION PLAN.

    (a) Integration Plan.--
            (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 
        and the unmanned aircraft systems industry, shall develop a 
        comprehensive plan to safely integrate commercial unmanned 
        aircraft systems into the national airspace system.
            (2) Minimum requirements.--In developing the plan under 
        paragraph (1), the Secretary shall, at a minimum--
                    (A) review technologies and research that will 
                assist in facilitating the safe integration of 
                commercial unmanned aircraft systems into the national 
                airspace system;
                    (B) provide recommendations or projections for the 
                rulemaking to be conducted under subsection (b)--
                            (i) to define the acceptable standards for 
                        operations and certification of commercial 
                        unmanned aircraft systems;
                            (ii) to ensure that commercial unmanned 
                        aircraft systems include a sense and avoid 
                        capability, if necessary for safety purposes; 
                        and
                            (iii) to develop standards and requirements 
                        for the operator and pilot of a commercial 
                        unmanned aircraft system, including standards 
                        and requirements for registration and 
                        licensing;
                    (C) recommend how best to enhance the technologies 
                and subsystems necessary to provide for the safe and 
                routine operations of commercial unmanned aircraft 
                systems in the national airspace system; and
                    (D) recommend how a phased-in approach for the 
                integration of commercial unmanned aircraft systems 
                into the national airspace system can best be achieved 
                and a timeline upon which such a phase-in shall occur.
            (3) Deadline.--The plan to be developed under paragraph (1) 
        shall provide for the safe integration of commercial unmanned 
        aircraft systems into the national airspace system not later 
        than September 30, 2015.
            (4) Report to congress.--The Secretary shall submit to 
        Congress--
                    (A) not later than one year after the date of 
                enactment of this Act, a copy of the plan developed 
                under paragraph (1); and
                    (B) annually thereafter, a report on the activities 
                of the Secretary under this section.
    (b) Rulemaking.--Not later than 18 months after the date on which 
the integration plan is submitted to Congress under subsection (a)(4), 
the Administrator of the Federal Aviation Administration shall publish 
in the Federal Register a notice of proposed rulemaking to implement 
the recommendations of the integration plan.

SEC. 323. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall determine if certain 
unmanned aircraft systems may operate safely in the national airspace 
system. The Secretary may make such determination before completion of 
the plan and rulemaking required by section 322 of this Act or the 
guidance required by section 324 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 population areas, and operation 
        within visual line-of-sight do not create a hazard to users of 
        the national airspace system or the public or pose a threat to 
        national security; and
            (2) whether a certificate of 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. 324. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

    (a) Guidance.--Not later than 270 days after the date of enactment 
of this Act, the Secretary shall issue guidance regarding the operation 
of public unmanned aircraft systems to--
            (1) expedite the issuance of a certificate of authorization 
        process;
            (2) provide for a collaborative process with public 
        agencies to allow for an incremental expansion of access to the 
        national airspace system as technology matures. the necessary 
        safety analysis and data become available, and until standards 
        are completed and technology issues are resolved; and
            (3) facilitate the capability of public agencies to develop 
        and use test ranges, subject to operating restrictions required 
        by the Federal Aviation Administration, to test and operate 
        unmanned aircraft systems.
    (b) Standards for Operation and Certification.--Not later than 
December 31, 2015, the Secretary shall develop and implement 
operational and certification standards for operation of public 
unmanned aircraft systems.

SEC. 325. UNMANNED AIRCRAFT SYSTEMS TEST RANGES.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall establish a program to integrate unmanned aircraft 
systems into the national airspace system at 4 test ranges.
    (b) Program Requirements.--In establishing the program under 
subsection (a), the Administrator shall--
            (1) safely designate nonexclusionary airspace for 
        integrated manned and unmanned flight operations in the 
        national airspace system;
            (2) develop certification standards and air traffic 
        requirements for unmanned flight operations at test ranges;
            (3) coordinate with and leverage the resources of the 
        National Aeronautics and Space Administration and the 
        Department of Defense;
            (4) address both commercial and public unmanned aircraft 
        systems;
            (5) ensure that the program is coordinated with the Next 
        Generation Air Transportation System; and
            (6) provide for verification of the safety of unmanned 
        aircraft systems and related navigation procedures before 
        integration into the national airspace system.
    (c) Test Range Locations.--In determining the location of the 4 
test ranges of the program under subsection (a), the Administrator 
shall--
            (1) take into consideration geographic and climatic 
        diversity; and
            (2) after consulting with the Administrator of the National 
        Aeronautics and Space Administration and the Secretary of the 
        Air Force, take into consideration the location of available 
        research radars.

                   Subtitle C--Safety and Protections

SEC. 331. 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. 332. 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. 333. 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.--Not later than one 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. 334. AVIATION 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 section 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) Vacancy.--Any individual appointed to fill a 
                vacancy in the position of the Director occurring 
                before the expiration of the term for which the 
                individual's predecessor was appointed shall be 
                appointed for the remainder of that term.
            ``(3) Complaints and investigations.--
                    ``(A) Authority of director.--The Director shall--
                            ``(i) receive complaints and information 
                        submitted by employees of persons holding 
                        certificates issued under title 14, Code of 
                        Federal Regulations, and employees of the 
                        Agency concerning the possible existence of an 
                        activity relating to a violation of an order, 
                        regulation, or standard of the Agency or any 
                        other provision of Federal law relating to 
                        aviation safety;
                            ``(ii) assess complaints and information 
                        submitted under clause (i) and determine 
                        whether a substantial likelihood exists that a 
                        violation of an order, regulation, or standard 
                        of the Agency or any other provision of Federal 
                        law relating to aviation safety has occurred; 
                        and
                            ``(iii) based on findings of the assessment 
                        conducted under clause (ii), make 
                        recommendations to the Administrator in writing 
                        for further investigation or corrective 
                        actions.
                    ``(B) Disclosure of identities.--The Director shall 
                not disclose the identity of an individual who submits 
                a complaint or information under subparagraph (A)(i) 
                unless--
                            ``(i) the individual consents to the 
                        disclosure in writing; or
                            ``(ii) the Director determines, in the 
                        course of an investigation, that the disclosure 
                        is 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 
                necessary to determine whether a substantial likelihood 
                exists that a violation of an order, regulation, or 
                standard of the Agency or any other provision of 
                Federal law relating to aviation safety may have 
                occurred.
            ``(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 
        subparagraph (A)(iii) in writing and retain records related to 
        any further investigations or corrective actions taken in 
        response to the recommendation.
            ``(5) Incident reports.--If the Director determines there 
        is a substantial likelihood that a violation of an order, 
        regulation, or standard of the Agency 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. 335. 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 one 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).

                   TITLE IV--AIR SERVICE IMPROVEMENTS

                   Subtitle A--Essential Air Service

SEC. 401. 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. 402. 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, to each community notified under paragraph (1) 
        information regarding--
                    ``(A) the procedures established pursuant to 
                paragraph (2); and
                    ``(B) the maximum amount of compensation that could 
                be provided under this subchapter to an air carrier 
                serving such community that would comply with the 
                subsidy cap.
            ``(4) Subsidy cap defined.--In this subsection, the term 
        `subsidy cap' means the subsidy cap established by section 332 
        of Public Law 106-69 (113 Stat. 1022).''.

SEC. 403. 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 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 18 
months after the date of enactment of this Act, the Secretary of 
Transportation shall issue revised guidelines governing the rate of 
compensation payable under subchapter II of chapter 417 of title 49, 
United States Code, that incorporate the amendments made by this 
section.
    (c) Report.--Not later than 2 years after the date of issuance of 
revised guidelines pursuant to subsection (b), the Secretary shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the extent to which the 
revised guidelines have been implemented and the impact, if any, such 
implementation has had on air carrier performance and community 
satisfaction with air service for which compensation is being paid 
under subchapter II of chapter 417 of title 49, United States Code.

SEC. 404. ESSENTIAL AIR SERVICE REFORM.

    (a) Authorization.--Section 41742(a)(1) is amended--
            (1) by striking ``the sum of $50,000,000 is'' and inserting 
        ``the following sums are''; and
            (2) by striking ``subchapter for each fiscal year.'' and 
        inserting ``subchapter:
                    ``(A) $50,000,000 for each fiscal year through 
                fiscal year 2013.
                    ``(B) The amount necessary, as determined by the 
                Secretary, to carry out the essential air service 
                program in Alaska and Hawaii for fiscal year 2014 and 
                each fiscal year thereafter.''.
    (b) Additional Funds.--Section 41742(a)(2) is amended by striking 
``there is authorized to be appropriated $77,000,000 for each fiscal 
year'' and inserting ``there is authorized to be appropriated out of 
the Airport and Airway Trust Fund established under section 9502 of the 
Internal Revenue Code of 1986 $97,500,000 for fiscal year 2011, 
$60,000,000 for fiscal year 2012, and $30,000,000 for fiscal year 
2013''.
    (c) Administering Program Within Available Funding.--Section 
41742(b) is amended to read as follows:
    ``(b) Administering Program Within Available Funding.--
Notwithstanding any other provision of law, the Secretary is authorized 
to take such actions as may be necessary to administer the essential 
air service program under this subchapter within the amount of funding 
made available for the program.''.

SEC. 405. 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) Authority To Make Agreements.--Section 41743(e) is amended to 
read as follows:
    ``(e) Authority To Make Agreements.--Subject to the availability of 
amounts made available under section 41742(a)(4)(A), the Secretary may 
make agreements to provide assistance under this section.''.

SEC. 406. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED 
              COSTS.

    (a) Emergency Across-The-Board Adjustment.--Subject to the 
availability of funds, the Secretary of Transportation 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 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. 407. REPEAL OF EAS LOCAL PARTICIPATION PROGRAM.

    Section 41747, and the item relating to section 41747 in the 
analysis for chapter 417, are repealed.

SEC. 408. SUNSET OF ESSENTIAL AIR SERVICE PROGRAM.

    (a) In General.--Subchapter II of chapter 417 is amended by adding 
at the end the following:
``Sec. 41749. Sunset
    ``(a) In General.--Except as provided in subsection (b), the 
authority of the Secretary of Transportation to carry out the essential 
air service program under this subchapter shall sunset on October 1, 
2013.
    ``(b) Alaska and Hawaii.--The Secretary may continue to carry out 
the essential air service program under this subchapter in Alaska and 
Hawaii following the sunset date specified in subsection (a).''.
    (b) Conforming Amendment.--The analysis for chapter 417 is amended 
by inserting after the item relating to section 41748 the following:

``41749. Sunset.''.

             Subtitle B--Passenger Air Service Improvements

SEC. 421. 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. 422. 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. 423. FLIGHT OPERATIONS AT RONALD REAGAN WASHINGTON NATIONAL 
              AIRPORT.

    (a) Beyond-Perimeter Exemptions.--Section 41718(a) is amended--
            (1) by striking ``Secretary'' the first place it appears 
        and inserting ``Secretary of Transportation''; and
            (2) by striking ``24'' and inserting ``34''.
    (b) Limitations.--Section 41718(c)(2) is amended by striking ``3 
operations'' and inserting ``5 operations''.
    (c) Slots.--Section 41718(c) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Slots.--The Secretary shall reduce the hourly air 
        carrier slot quota for Ronald Reagan Washington National 
        Airport under section 93.123(a) of title 14, Code of Federal 
        Regulations, by a total of 10 slots that are available for 
        allocation. Such reductions shall be taken in the 6:00 a.m., 
        10:00 p.m., or 11:00 p.m. hours, as determined by the 
        Secretary, in order to grant exemptions under subsection 
        (a).''.
    (d) Scheduling Priority.--Section 41718 is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Scheduling Priority.--Operations conducted by new entrant air 
carriers and limited incumbent air carriers shall be provided a 
scheduling priority over operations conducted by other air carriers 
granted exemptions pursuant to this section, with the highest 
scheduling priority provided to beyond-perimeter operations conducted 
by the new entrant air carriers and limited incumbent air carriers.''.

SEC. 424. MUSICAL INSTRUMENTS.

    (a) In General.--Subchapter I of chapter 417 is amended by adding 
at the end the following:
``Sec. 41724. Musical instruments
    ``(a) Instruments in Passenger Compartment.--An air carrier 
providing air transportation shall permit a passenger to carry a 
musical instrument in a closet, baggage compartment, or cargo stowage 
compartment (approved by the Administrator of the Federal Aviation 
Administration) in the passenger compartment of the aircraft used to 
provide such transportation if--
            ``(1) the instrument can be stowed in accordance with the 
        requirements for carriage of carry-on baggage or cargo set 
        forth by the Administrator; and
            ``(2) there is space for such stowage on the aircraft.
    ``(b) Large Instruments in Passenger Compartment.--An air carrier 
providing air transportation shall permit a passenger to carry a 
musical instrument that is too large to be secured in a closet, baggage 
compartment, or cargo stowage compartment pursuant to subsection (a) in 
the passenger compartment of the aircraft used to provide such 
transportation if--
            ``(1) the instrument can be stowed in accordance with the 
        requirements for carriage of carry-on baggage or cargo set 
        forth by the Administrator; and
            ``(2) the passenger has purchased a seat to accommodate the 
        instrument.
    ``(c) Instruments as Checked Baggage.--An air carrier providing air 
transportation shall transport as baggage a musical instrument that may 
not be carried in the passenger compartment of the aircraft used to 
provide such transportation pursuant to subsection (a) or (b) and that 
is the property of a passenger on the aircraft if--
            ``(1) the sum of the length, width, and height of the 
        instrument (measured in inches of the outside linear dimensions 
        of the instrument, including the case) does not exceed 150 
        inches or the size restrictions for that aircraft;
            ``(2) the weight of the instrument does not exceed 165 
        pounds or the weight restrictions for that aircraft; and
            ``(3) the instrument can be stowed in accordance with the 
        requirements for carriage of baggage or cargo set forth by the 
        Administrator.
    ``(d) Air Carrier Terms.--Nothing in this section shall be 
construed as prohibiting an air carrier from limiting the carrier's 
liability for carrying a musical instrument or requiring a passenger to 
purchase insurance to cover the value of a musical instrument 
transported by the carrier.''.
    (b) Regulations.--The Secretary of Transportation may prescribe 
such regulations as may be necessary or appropriate to implement the 
amendment made by subsection (a).
    (c) Clerical Amendment.--The analysis for such subchapter is 
amended by adding at the end the following:

``41724. Musical instruments.''.

SEC. 425. 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 large hub or medium hub airport.
            ``(2) An operator of a large hub or medium hub 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 large hub and medium hub airport at 
                which the carrier provides covered air transportation; 
                and
                    ``(B) each large hub and medium hub 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 food, potable water, restroom 
                facilities, and access to medical treatment for 
                passengers onboard an aircraft at the airport that is 
                on the ground for an extended period of time without 
                access to the terminal;
                    ``(B) allow passengers to deplane following 
                excessive tarmac delays; and
                    ``(C) share facilities and make gates available at 
                the airport in an emergency.
    ``(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 U.S. Customs and 
        Border Protection.
    ``(d) Updates.--
            ``(1) Air carriers.--An air carrier shall update the 
        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 the 
        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 may 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) Definitions.--In this section, the following definitions 
apply:
            ``(1) 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.
            ``(2) 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.
``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 email 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''.

SEC. 426. 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.

SEC. 427. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, AND 
              ASSOCIATED CAUSES.

    (a) Review.--The Inspector General of the Department of 
Transportation shall conduct a review regarding air carrier flight 
delays, cancellations, and associated causes to update its 2000 report 
numbered CR-2000-112 and 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.--Not later than one 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. 428. DENIED BOARDING COMPENSATION.

    (a) Evaluation of Denied Boarding Compensation.--Not later than 6 
months after the date of enactment of this Act, and every 2 years 
thereafter, the Secretary of Transportation shall evaluate the amount 
provided by air carriers for denied boarding compensation.
    (b) Adjustment of Amount.--If, upon completing an evaluation 
required under subsection (a), the Secretary determines that the amount 
provided for denied boarding compensation should be adjusted, the 
Secretary shall issue a regulation to adjust such compensation.

SEC. 429. COMPENSATION FOR DELAYED BAGGAGE.

    (a) Study.--The Comptroller General shall conduct a study to--
            (1) examine delays in the delivery of checked baggage to 
        passengers of air carriers; and
            (2) 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.--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. 430. 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.

SEC. 431. 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. 432. 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.--
            (1) Initial report.--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).
            (2) Updates.--Not later than 3 years after the date of the 
        submission of the report required under paragraph (1), and 
        every 2 years thereafter, the Administrator shall update the 
        report required under that paragraph and submit the updated 
        report to the committees specified in that paragraph.

SEC. 433. 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.

                  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 one-year period over such park.''.
    (c) Air Tour Management Plans.--Section 40128(b) is amended 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.--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 Reauthorization and Reform Act of 
        2011, 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. NEXTGEN ENVIRONMENTAL EFFICIENCY PROJECTS STREAMLINING.

    (a) Aviation Project Review Process.--Section 47171(a) is amended 
in the matter preceding paragraph (1) by striking ``and aviation 
security projects'' and inserting ``aviation security projects, and 
NextGen environmental efficiency projects''.
    (b) Aviation Projects Subject to a Streamlined Environmental Review 
Process.--Section 47171(b) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Airport capacity enhancement projects at congested 
        airports and certain nextgen environmental efficiency 
        projects.--The following projects shall be subject to the 
        coordinated and expedited environmental review process 
        requirements set forth in this section:
                    ``(A) An airport capacity enhancement project at a 
                congested airport.
                    ``(B) A NextGen environmental efficiency project at 
                an Operational Evolution Partnership airport or any 
                congested airport.''; and
            (2) in paragraph (2)--
                    (A) in the heading by striking ``and aviation 
                security projects'' and inserting ``projects, aviation 
                security projects, and any nextgen environmental 
                efficiency projects'';
                    (B) in subparagraph (A) by striking ``or aviation 
                security project'' and inserting ``, an aviation 
                security project, or any NextGen environmental 
                efficiency project''; and
                    (C) in subparagraph (B) by striking ``or aviation 
                security project'' and inserting ``, aviation security 
                project, or NextGen environmental efficiency project''.
    (c) High Priority for Environmental Reviews.--Section 47171(c)(1) 
is amended by striking ``an airport capacity enhancement project at a 
congested airport'' and inserting ``a project described in subsection 
(b)(1)''.
    (d) Identification of Jurisdictional Agencies.--Section 47171(d) is 
amended by striking ``each airport capacity enhancement project at a 
congested airport'' and inserting ``a project described in subsection 
(b)(1)''.
    (e) Lead Agency Responsibility.--Section 47171(h) is amended by 
striking ``airport capacity enhancement projects at congested 
airports'' and inserting ``projects described in subsection (b)(1)''.
    (f) Alternatives Analysis.--Section 47171(k) is amended by striking 
``an airport capacity enhancement project at a congested airport'' and 
inserting ``a project described in subsection (b)(1)''.
    (g) Definitions.--Section 47171 is amended by adding at the end the 
following:
    ``(n) Definitions.--In this section, the following definitions 
apply:
            ``(1) Congested airport.--The term `congested airport' 
        means an airport that accounted for at least one percent of all 
        delayed aircraft operations in the United States in the most 
        recent year for which data is available and an airport listed 
        in table 1 of the Federal Aviation Administration's Airport 
        Capacity Benchmark Report 2004.
            ``(2) Nextgen environmental efficiency project.--The term 
        `NextGen environmental efficiency project' means a Next 
        Generation Air Transportation System aviation project that--
                    ``(A) develops and certifies performance-based 
                navigation procedures; or
                    ``(B) develops other environmental mitigation 
                projects the Secretary may designate as facilitating a 
                reduction in noise, fuel consumption, or emissions from 
                air traffic operations.
            ``(3) Performance-based navigation.--The term `performance-
        based navigation' means a framework for defining performance 
        requirements in navigation specifications that--
                    ``(A) can be applied to an air traffic route, 
                instrument procedure, or defined airspace; or
                    ``(B) provides a basis for the design and 
                implementation of automated flight paths, airspace 
                design, and obstacle clearance.''.

SEC. 504. 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. 505. NOISE COMPATIBILITY PROGRAMS.

    Section 47504(a)(2) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (D);
            (2) by striking ``operations.'' in subparagraph (E) and 
        inserting ``operations; and''; and
            (3) by adding at the end the following:
            ``(F) conducting comprehensive land use planning (including 
        master plans, traffic studies, environmental evaluation, and 
        economic and feasibility studies), jointly with neighboring 
        local jurisdictions undertaking community redevelopment in an 
        area in which land or other property interests have been 
        acquired by the operator pursuant to this section, to encourage 
        and enhance redevelopment opportunities that reflect zoning and 
        uses that will prevent the introduction of additional 
        incompatible uses and enhance redevelopment potential.''.

SEC. 506. 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. 507. 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. 508. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 75,000 
              POUNDS OR LESS NOT COMPLYING WITH STAGE 3 NOISE LEVELS.

    (a) In General.--Subchapter II of chapter 475 is amended by adding 
at the end the following:
``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, 2014, 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) Section 47531 is amended--
                    (A) in the section heading by striking ``for 
                violating sections 47528-47530''; and
                    (B) by striking ``47529, or 47530'' and inserting 
                ``47529, 47530, or 47534''.
            (2) Section 47532 is amended by inserting ``or 47534'' 
        after ``47528-47531''.
            (3) The analysis for 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. 509. 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. 510. 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. 511. 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; and
            (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.

SEC. 512. AVIATION NOISE COMPLAINTS.

    (a) Telephone Number Posting.--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.
    (b) Summaries and Reports.--Not later than 15 months after the date 
of enactment of this Act, and annually thereafter, an owner or operator 
that receives noise complaints from 25 individuals during the preceding 
year under subsection (a) shall submit to the Administrator of the 
Federal Aviation Administration a report regarding the number of 
complaints received and a summary regarding the nature of such 
complaints. The Administrator shall make such information available to 
the public by electronic means.

                TITLE VI--FAA EMPLOYEES AND ORGANIZATION

SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

    (a) Dispute Resolution.--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 Reauthorization and Reform Act of 2011); 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;
                                    ``(III) the effect of its 
                                arbitration decisions on other Federal 
                                Aviation Administration employees; and
                                    ``(IV) 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. 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 one 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 in the most cost 
        effective manner.
            (2) Consultation.--In conducting the study, the National 
        Academy of Sciences shall interview interested parties, 
        including labor, government, and industry representatives.
            (3) Report.--Not later than one 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. 604. SAFETY CRITICAL STAFFING.

    (a) In General.--Not later than October 1, 2011, the Administrator 
of the Federal Aviation Administration shall implement, to the extent 
practicable and in a cost-effective manner, 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 aviation safety inspectors.
    (b) Report.--Not later than October 1 of each fiscal year beginning 
after September 30, 2011, 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).
    (c) Safety Critical Positions Defined.--In this section, the term 
``safety critical positions'' means--
            (1) aviation safety inspectors, safety technical 
        specialists, and operational support positions in the Flight 
        Standards Service (as such terms are used in the 
        Administration's fiscal year 2011 congressional budget 
        justification); and
            (2) manufacturing safety inspectors, pilots, engineers, 
        chief scientific and technical advisors, safety technical 
        specialists, and operational support positions in the Aircraft 
        Certification Service (as such terms are used in the 
        Administration's fiscal year 2011 congressional budget 
        justification).

SEC. 605. 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 interview interested parties, including employee, 
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. 606. 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.
            ``(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 18 months after the date of 
        enactment of the FAA Reauthorization and Reform Act of 2011, 
        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 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. 607. ASSESSMENT OF TRAINING PROGRAMS FOR AIR TRAFFIC CONTROLLERS.

    (a) Study.--The Administrator of the Federal Aviation 
Administration shall conduct a study to assess the adequacy of training 
programs for air traffic controllers, including the Administrator's 
technical training strategy and improvement plan for air traffic 
controllers.
    (b) Contents.--The study shall include--
            (1) a review of the current training system for air traffic 
        controllers, including the technical training strategy and 
        improvement plan;
            (2) an analysis of the competencies required of air traffic 
        controllers for successful performance in the current and 
        future projected air traffic control environment;
            (3) 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;
            (4) an analysis of various training approaches available to 
        satisfy the controller competencies identified under paragraphs 
        (2) and (3);
            (5) recommendations to improve the current training system 
        for air traffic controllers, including the technical training 
        strategy and improvement plan; and
            (6) the most cost-effective approach to provide training to 
        air traffic controllers.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study.

SEC. 608. COLLEGIATE TRAINING INITIATIVE STUDY.

    (a) Study.--The Comptroller General 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 
controller orientation session at the Mike Monroney Aeronautical Center 
for graduates of CTI programs followed by on-the-job training for newly 
hired 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. 609. FAA FACILITY CONDITIONS.

    (a) Study.--The Comptroller General shall conduct a study of--
            (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 to--
            (1) prioritize those facilities needing the most immediate 
        attention based on risks to employee health and safety;
            (2) ensure that the Administration is using scientifically 
        approved remediation techniques in all facilities; and
            (3) assist the Administration in making programmatic 
        changes so that aging facilities do not deteriorate to unsafe 
        levels.
    (d) Report.--Not later than one 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. 610. 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 (c).
    (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.

                     TITLE VII--AVIATION INSURANCE

SEC. 701. GENERAL AUTHORITY.

    (a) Extension of Policies.--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''.
    (b) Successor Program.--Section 44302(f) is amended by adding at 
the end the following:
            ``(3) Successor program.--
                    ``(A) In general.--After December 31, 2021, 
                coverage for the risks specified in a policy that has 
                been extended under paragraph (1) shall be provided in 
                an airline industry sponsored risk retention or other 
                risk-sharing arrangement approved by the Secretary.
                    ``(B) Transfer of premiums.--
                            ``(i) In general.--On December 31, 2021, 
                        and except as provided in clause (ii), premiums 
                        collected by the Secretary from the airline 
                        industry after September 22, 2001, for any 
                        policy under this subsection, and interest 
                        earned thereon, as determined by the Secretary, 
                        shall be transferred to an airline industry 
                        sponsored risk retention or other risk-sharing 
                        arrangement approved by the Secretary.
                            ``(ii) Determination of amount 
                        transferred.--The amount transferred pursuant 
                        to clause (i) shall be less--
                                    ``(I) the amount of any claims paid 
                                out on such policies from September 22, 
                                2001, through December 31, 2021;
                                    ``(II) the amount of any claims 
                                pending under such policies as of 
                                December 31, 2021; and
                                    ``(III) the cost, as determined by 
                                the Secretary, of administering the 
                                provision of insurance policies under 
                                this chapter from September 22, 2001, 
                                through December 31, 2021.''.

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 ACCESS TO CRIMINAL HISTORY RECORDS AND DATABASE SYSTEMS.

    (a) In General.--Chapter 401 is amended by adding at the end the 
following:
``Sec. 40130. FAA access to criminal history records and database 
              systems
    ``(a) Access to Records and Database Systems.--
            ``(1) Access to information.--Notwithstanding section 534 
        of title 28, and regulations issued to implement such section, 
        the Administrator of the Federal Aviation Administration may 
        have direct access to a system of documented criminal justice 
        information maintained by the Department of Justice or by a 
        State, but may do so only for the purpose of carrying out civil 
        and administrative responsibilities of the Administration to 
        protect the safety and security of the national airspace system 
        or to support the missions of the Department of Justice, the 
        Department of Homeland Security, and other law enforcement 
        agencies.
            ``(2) Release of information.--In accessing a system 
        referred to in paragraph (1), the Administrator shall be 
        subject to the same conditions and procedures established by 
        the Department of Justice or the State for other governmental 
        agencies with direct access to the system.
            ``(3) Limitation.--The Administrator may not use the direct 
        access authorized under paragraph (1) to conduct criminal 
        investigations.
    ``(b) Designated Employees.--The Administrator shall designate, by 
order, employees of the Administration who shall carry out the 
authority described in subsection (a). The designated employees may--
            ``(1) have direct access to and receive criminal history, 
        driver, vehicle, and other law enforcement information 
        contained in the law enforcement databases of the Department of 
        Justice, or any jurisdiction of a State, in the same manner as 
        a police officer employed by a State or local authority of that 
        State who is certified or commissioned under the laws of that 
        State;
            ``(2) use any radio, data link, or warning system of the 
        Federal Government, and of any jurisdiction in a State, that 
        provides information about wanted persons, be-on-the-lookout 
        notices, warrant status, or other officer safety information to 
        which a police officer employed by a State or local authority 
        in that State who is certified or commissioned under the laws 
        of that State has direct access and in the same manner as such 
        police officer; and
            ``(3) receive Federal, State, or local government 
        communications with a police officer employed by a State or 
        local authority in that State in the same manner as a police 
        officer employed by a State or local authority in that State 
        who is commissioned under the laws of that State.
    ``(c) System of Documented Criminal Justice Information Defined.--
In this section, the term `system of documented criminal justice 
information' means any law enforcement database, system, or 
communication containing information concerning identification, 
criminal history, arrests, convictions, arrest warrants, wanted or 
missing persons, including the National Crime Information Center and 
its incorporated criminal history databases and the National Law 
Enforcement Telecommunications System.''.
    (b) Clerical Amendment.--The analysis for chapter 401 is amended by 
adding at the end the following:

``40130. FAA access to criminal history records and database 
                            systems.''.

SEC. 803. CIVIL PENALTIES TECHNICAL AMENDMENTS.

    Section 46301 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) by inserting after ``44723)'' the following: 
                ``, chapter 451 (except section 45107)'';
                    (B) by inserting after ``44909),'' the following: 
                ``section 45107,'';
                    (C) by striking ``46302'' and inserting ``section 
                46302''; and
                    (D) by striking ``46303'' and inserting ``section 
                46303''; 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. REALIGNMENT AND CONSOLIDATION OF FAA SERVICES AND FACILITIES.

    (a) In General.--Chapter 445 (as amended by this Act) is further 
amended by adding at the end the following new section:
``Sec. 44519. Realignment and consolidation of FAA services and 
              facilities
    ``(a) Purpose.--The purpose of this section is to establish a fair 
process that will result in the realignment and consolidation of FAA 
services and facilities to help reduce capital, operating, maintenance, 
and administrative costs and facilitate Next Generation Air 
Transportation System air traffic control modernization efforts without 
adversely affecting safety.
    ``(b) General Authority.--Subject to the requirements of this 
section, the Administrator of the Federal Aviation Administration shall 
realign and consolidate FAA services and facilities pursuant to 
recommendations made by the Aviation Facilities and Services Board 
established under subsection (g).
    ``(c) Administrator's Recommendations.--
            ``(1) Proposed criteria.--
                    ``(A) In general.--The Administrator shall develop 
                proposed criteria for use by the Administrator in 
                making recommendations for the realignment and 
                consolidation of FAA services and facilities under this 
                section.
                    ``(B) Publication; transmittal to congress.--Not 
                later than 30 days after the date of enactment of this 
                section, the Administrator shall publish the proposed 
                criteria in the Federal Register and transmit the 
                proposed criteria to the congressional committees of 
                interest.
                    ``(C) Notice and comment.--The Administrator shall 
                provide an opportunity for public comment on the 
                proposed criteria for a period of at least 30 days and 
                shall include notice of that opportunity in the Federal 
                Register.
            ``(2) Final criteria.--
                    ``(A) In general.--The Administrator shall 
                establish final criteria based on the proposed criteria 
                developed under paragraph (1).
                    ``(B) Publication; transmittal to congress.--Not 
                later than 90 days after the date of enactment of this 
                section, the Administrator shall publish the final 
                criteria in the Federal Register and transmit the final 
                criteria to the congressional committees of interest.
            ``(3) Recommendations.--
                    ``(A) In general.--The Administrator shall make 
                recommendations for the realignment and consolidation 
                of FAA services and facilities under this section based 
                on the final criteria established under paragraph (2).
                    ``(B) Contents.--The recommendations shall consist 
                of a list of FAA services and facilities for 
                realignment and consolidation, together with a 
                justification for each service and facility included on 
                the list.
                    ``(C) Publication; transmittal to board and 
                congress.--Not later than 120 days after the date of 
                enactment of this section, the Administrator shall 
                publish the recommendations in the Federal Register and 
                transmit the recommendations to the Board and the 
                congressional committees of interest.
                    ``(D) Information.--The Administrator shall make 
                available to the Board and the Comptroller General all 
                information used by the Administrator in establishing 
                the recommendations.
                    ``(E) Additional recommendations.--The 
                Administrator is authorized to make additional 
                recommendations under this paragraph every 2 years.
    ``(d) Board's Review and Recommendations.--
            ``(1) Public hearings.--Not later than 30 days after the 
        date of receipt of the Administrator's recommendations under 
        subsection (c), the Board shall conduct public hearings on the 
        recommendations.
            ``(2) Board's recommendations.--
                    ``(A) Report to congress.--Based on the Board's 
                review and analysis of the Administrator's 
                recommendations and any public comments received under 
                paragraph (1), the Board shall develop a report 
                containing the Board's findings and conclusions 
                concerning the Administrator's recommendations, 
                together with the Board's recommendations for 
                realignment and consolidation of FAA services and 
                facilities. The Board shall explain and justify in the 
                report any recommendation made by the Board that 
                differs from a recommendation made by the 
                Administrator.
                    ``(B) Publication in federal register; transmittal 
                to congress.--Not later than 60 days after the date of 
                receipt of the Administrator's recommendations under 
                subsection (c), the Board shall publish the report in 
                the Federal Register and transmit the report to the 
                congressional committees of interest.
            ``(3) Assistance of comptroller general.--The Comptroller 
        General shall assist the Board, to the extent requested by the 
        Board, in the Board's review and analysis of the 
        Administrator's recommendations.
    ``(e) Realignment and Consolidation of FAA Services and 
Facilities.--Subject to subsection (f), the Administrator shall--
            ``(1) realign or consolidate the FAA services and 
        facilities recommended for realignment or consolidation by the 
        Board in a report transmitted under subsection (d);
            ``(2) initiate all such realignments and consolidations not 
        later than one year after the date of the report; and
            ``(3) complete all such realignments and consolidations not 
        later than 3 years after the date of the report.
    ``(f) Congressional Disapproval.--
            ``(1) In general.--The Administrator may not carry out a 
        recommendation of the Board for realignment or consolidation of 
        FAA services and facilities that is included in a report 
        transmitted under subsection (d) 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 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.
    ``(g) Aviation Facilities and Services Board.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of this section, the Secretary of 
        Transportation shall establish an independent board to be known 
        as the `Aviation Facilities and Services Board'.
            ``(2) Composition.--The Board shall be composed of the 
        following members:
                    ``(A) The Secretary (or a designee of the 
                Secretary), who shall be the Chair of the Board.
                    ``(B) Two members appointed by the Secretary, who 
                may not be officers or employees of the Federal 
                Government.
                    ``(C) The Comptroller General (or a designee of the 
                Comptroller General), who shall be a nonvoting member 
                of the Board.
            ``(3) Duties.--The Board shall carry out the duties 
        specified for the Board in this section.
            ``(4) Term.--The members of the Board to be appointed under 
        paragraph (2)(B) shall each be appointed for a term of 3 years.
            ``(5) Vacancies.--A vacancy in the Board shall be filled in 
        the same manner as the original appointment was made, but the 
        individual appointed to fill the vacancy shall serve only for 
        the unexpired portion of the term for which the individual's 
        predecessor was appointed.
            ``(6) Compensation and benefits.--A member of the Board may 
        not receive any compensation or benefits from the Federal 
        Government for serving on the Board, except that--
                    ``(A) a member shall receive compensation for work 
                injuries under subchapter I of chapter 81 of title 5; 
                and
                    ``(B) a member shall be paid actual travel expenses 
                and per diem in lieu of subsistence expenses when away 
                from the member's usual place of residence in 
                accordance with section 5703 of title 5.
            ``(7) Staff.--The Administrator shall make available to the 
        Board such staff, information, and administrative services and 
        assistance as may be reasonably required to enable the Board to 
        carry out its responsibilities under this section. The Board 
        may employ experts and consultants on a temporary or 
        intermittent basis with the approval of the Secretary.
            ``(8) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the Board.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Administrator for each of fiscal years 2011 through 2014 
        $200,000 for the Board to carry out its duties.
            ``(2) Availability of amounts.--Amounts appropriated 
        pursuant to paragraph (1) shall remain available until 
        expended.
    ``(i) Effect on Other Authorities.--Nothing in this section shall 
be construed to affect the authorities provided in section 44503 or the 
existing authorities or responsibilities of the Administrator under 
this title to manage the operations of the Federal Aviation 
Administration, including realignment or consolidation of facilities or 
services.
    ``(j) Definitions.--In this section, the following definitions 
apply:
            ``(1) Board.--The term `Board' means the Aviation 
        Facilities and Services Board established under subsection (g).
            ``(2) Congressional committees of interest.--The term 
        `congressional committees of interest' means the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            ``(3) FAA.--The term `FAA' means the Federal Aviation 
        Administration.
            ``(4) Realignment.--The term `realignment' includes any 
        action that relocates functions and personnel positions but 
        does not include an overall reduction in personnel resulting 
        from workload adjustments.''.
    (b) Clerical Amendment.--The analysis for chapter 445 (as amended 
by this Act) is further amended by adding at the end the following:

``44519. Realignment and consolidation of FAA services and 
                            facilities.''.

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 one 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 the 
        Congress or publish that the Administrator recommends 
        eliminating or consolidating with other reports; and
            (2) an estimate of the cost savings that would result from 
        the elimination or consolidation of those reports.
    (b) Use of Electronic Media for Reports.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Administration--
                    (A) may not publish any report required or 
                authorized by law in printed format; and
                    (B) shall publish any such report by posting it on 
                the Administration's 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 printed format is essential 
                to the mission of the Federal Aviation Administration; 
                or
                    (B) its publication in accordance with the 
                requirements of paragraph (1) would disclose matter--
                            (i) described in section 552(b) of title 5, 
                        United States Code; or
                            (ii) the disclosure of which would have an 
                        adverse impact on aviation safety or security, 
                        as determined by the Administrator.

SEC. 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 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 one 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 shall initiate a study 
regarding--
            (1) the existing airline and intercity passenger rail code 
        sharing arrangements; and
            (2) the feasibility, costs to taxpayers and other parties, 
        and benefits of increasing 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 airport and 
        intercity passenger rail connectivity; and
            (4) such other issues the Comptroller General considers 
        appropriate.
    (c) Report.--Not later than one year after commencing 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. CYLINDERS OF COMPRESSED OXYGEN OR OTHER OXIDIZING GASES.

    (a) In General.--Subject to subsection (b), the transportation 
within the State of Alaska of cylinders of compressed oxygen or other 
oxidizing gases aboard aircraft shall be exempt from compliance with 
the regulations described in subsection (c) to the extent that the 
regulations require that oxidizing gases transported aboard aircraft be 
enclosed in outer packaging capable of passing the flame penetration 
and resistance test and the thermal resistance test, without regard to 
the end use of the cylinders.
    (b) Applicability of Exemption.--The exemption provided by 
subsection (a) shall apply in circumstances in which transportation of 
the cylinders by ground or vessel is unavailable and transportation by 
aircraft is the only practical means for transporting the cylinders to 
their destination.
    (c) Description of Regulatory Requirements.--The regulations 
referred to in subsection (a) 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), 173.304(f)(5), and 175.501(b) of title 49, Code of 
Federal Regulations.

                   TITLE IX--NATIONAL MEDIATION BOARD

SEC. 901. AUTHORITY OF INSPECTOR GENERAL.

    Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is amended 
by adding at the end the following:

                    ``authority of inspector general

    ``Sec. 15.  (a) In General.--The Inspector General of the 
Department of Transportation, in accordance with the mission of the 
Inspector General to prevent and detect fraud and abuse, is authorized 
to review the financial management, property management, and business 
operations of the Mediation Board, including internal accounting and 
administrative control systems, to determine compliance with applicable 
Federal laws, rules, and regulations.
    ``(b) Duties.--In carrying out this section, the Inspector General 
shall--
            ``(1) keep the chairman of the Mediation Board and Congress 
        fully and currently informed about problems relating to 
        administration of the internal accounting and administrative 
        control systems of the Mediation Board;
            ``(2) issue findings and recommendations for actions to 
        address such problems; and
            ``(3) report periodically to Congress on any progress made 
        in implementing actions to address such problems.
    ``(c) Access to Information.--In carrying out this section, the 
Inspector General may exercise authorities granted to the Inspector 
General under subsections (a) and (b) of section 6 of the Inspector 
General Act of 1978 (5 U.S.C. App.).
    ``(d) Authorizations of Appropriations.--
            ``(1) Funding.--There is authorized to be appropriated to 
        the Secretary of Transportation for use by the Inspector 
        General of the Department of Transportation not more than 
        $125,000 for each of fiscal years 2011 through 2014 to cover 
        expenses associated with activities pursuant to the authority 
        exercised under this section.
            ``(2) Reimbursable agreement.--In the absence of an 
        appropriation under this subsection for an expense referred to 
        in paragraph (1), the Inspector General and the Mediation Board 
        shall have a reimbursable agreement to cover such expense.''.

SEC. 902. EVALUATION AND AUDIT OF NATIONAL MEDIATION BOARD.

    Title I of the Railway Labor Act (as amended by section 901 of this 
Act) is further amended by adding at the end the following:

               ``evaluation and audit of mediation board

    ``Sec. 16.  (a) 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 shall evaluate and audit the programs and expenditures of the 
Mediation Board. Such an evaluation and audit shall be conducted at 
least annually, but may be conducted as determined necessary by the 
Comptroller General or the appropriate congressional committees.
    ``(b) Responsibility of Comptroller General.--The Comptroller 
General shall evaluate and audit Mediation Board programs, operations, 
and activities, including at a minimum--
            ``(1) information management and security, including 
        privacy protection of personally identifiable information;
            ``(2) resource management;
            ``(3) workforce development;
            ``(4) procurement and contracting planning, practices, and 
        policies;
            ``(5) the extent to which the Mediation Board follows 
        leading practices in selected management areas; and
            ``(6) the processes the Mediation Board follows to address 
        challenges in--
                    ``(A) initial investigations of representation 
                applications;
                    ``(B) determining and certifying representatives of 
                employees; and
                    ``(C) ensuring that the process occurs without 
                interference, influence, or coercion.
    ``(c) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' means the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.''.

SEC. 903. REPEAL OF RULE.

    Effective January 1, 2011, the rule prescribed by the National 
Mediation Board relating to representation election procedures 
published on May 11, 2010 (95 Fed. Reg. 26062) and revising sections 
1202 and 1206 of title 29, Code of Federal Regulations, shall have no 
force or effect.

                TITLE X--COMMERCIAL SPACE TRANSPORTATION

SEC. 1001. SPACE FLIGHT PASSENGERS.

    Chapter 509 of title 51, United States Code, is amended--
            (1) by striking ``space flight participant'' each place it 
        appears and inserting ``space flight passenger''; and
            (2) by striking ``space flight participants'' each place it 
        appears and inserting ``space flight passengers''.
                                                  Union Calendar No. 19

112th CONGRESS

  1st Session

                               H. R. 658

                  [Report No. 112-29, Parts I and II]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                             March 23, 2011

  The Committees on Science, Space, and Technology and the Judiciary 
discharged; committed to the Committee of the Whole House on the State 
                of the Union, and ordered to be printed