[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