[House Report 112-381]
[From the U.S. Government Publishing Office]
112th Congress 2d Session HOUSE OF REPRESENTATIVES Report
112-381
_______________________________________________________________________
FAA MODERNIZATION AND REFORM ACT OF 2012
----------
CONFERENCE REPORT
to accompany
H.R. 658
February 1, 2012.--Ordered to be printed
FAA MODERNIZATION AND REFORM ACT OF 2012
112th Congress
2d Session HOUSE OF REPRESENTATIVES Report
112-381
_______________________________________________________________________
FAA MODERNIZATION AND REFORM ACT OF 2012
__________
CONFERENCE REPORT
to accompany
H.R. 658
February 1, 2012.--Ordered to be printed
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-381
======================================================================
FAA MODERNIZATION AND REFORM ACT OF 2012
_______
February 1, 2012.--Ordered to be printed
_______
Mr. Mica, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 658]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
658), 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, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FAA
Modernization and Reform Act of 2012''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility
planning and programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Funding for aviation programs.
Sec. 105. Delineation of Next Generation Air Transportation System
projects.
Subtitle B--Passenger Facility Charges
Sec. 111. Passenger facility charges.
Sec. 112. GAO study of alternative means of collecting PFCs.
Sec. 113. Qualifications-based selection.
Subtitle C--Fees for FAA Services
Sec. 121. Update on overflights.
Sec. 122. Registration fees.
Subtitle D--Airport Improvement Program Modifications
Sec. 131. Airport master plans.
Sec. 132. AIP definitions.
Sec. 133. Recycling plans for airports.
Sec. 134. Contents of competition plans.
Sec. 135. Grant assurances.
Sec. 136. Agreements granting through-the-fence access to general
aviation airports.
Sec. 137. Government share of project costs.
Sec. 138. Allowable project costs.
Sec. 139. Veterans' preference.
Sec. 140. Minority and disadvantaged business participation.
Sec. 141. Special apportionment rules.
Sec. 142. United States territories minimum guarantee.
Sec. 143. Reducing apportionments.
Sec. 144. Marshall Islands, Micronesia, and Palau.
Sec. 145. Use of apportioned amounts.
Sec. 146. Designating current and former military airports.
Sec. 147. Contract tower program.
Sec. 148. Resolution of disputes concerning airport fees.
Sec. 149. Sale of private airports to public sponsors.
Sec. 150. Repeal of certain limitations on Metropolitan Washington
Airports Authority.
Sec. 151. Midway Island Airport.
Sec. 152. Miscellaneous amendments.
Sec. 153. Extension of grant authority for compatible land use planning
and projects by State and local governments.
Sec. 154. Priority review of construction projects in cold weather
States.
Sec. 155. Study on national plan of integrated airport systems.
Sec. 156. Airport privatization program.
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
Sec. 201. Definitions.
Sec. 202. NextGen demonstrations and concepts.
Sec. 203. Clarification of authority to enter into reimbursable
agreements.
Sec. 204. Chief NextGen Officer.
Sec. 205. Definition of air navigation facility.
Sec. 206. Clarification to acquisition reform authority.
Sec. 207. Assistance to foreign aviation authorities.
Sec. 208. Next Generation Air Transportation System Joint Planning and
Development Office.
Sec. 209. Next Generation Air Transportation Senior Policy Committee.
Sec. 210. Improved management of property inventory.
Sec. 211. Automatic dependent surveillance-broadcast services.
Sec. 212. Expert review of enterprise architecture for NextGen.
Sec. 213. Acceleration of NextGen technologies.
Sec. 214. Performance metrics.
Sec. 215. Certification standards and resources.
Sec. 216. Surface systems acceleration.
Sec. 217. Inclusion of stakeholders in air traffic control modernization
projects.
Sec. 218. Airspace redesign.
Sec. 219. Study on feasibility of development of a public internet web-
based resource on locations of potential aviation
obstructions.
Sec. 220. NextGen research and development center of excellence.
Sec. 221. Public-private partnerships.
Sec. 222. Operational incentives.
Sec. 223. Educational requirements.
Sec. 224. Air traffic controller staffing initiatives and analysis.
Sec. 225. Reports on status of greener skies project.
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. Judicial review of denial of airman certificates.
Sec. 302. Release of data relating to abandoned type certificates and
supplemental type certificates.
Sec. 303. Design and production organization certificates.
Sec. 304. Cabin crew communication.
Sec. 305. Line check evaluations.
Sec. 306. Safety of air ambulance operations.
Sec. 307. Prohibition on personal use of electronic devices on flight
deck.
Sec. 308. Inspection of repair stations located outside the United
States.
Sec. 309. Enhanced training for flight attendants.
Sec. 310. Limitation on disclosure of safety information.
Sec. 311. Prohibition against aiming a laser pointer at an aircraft.
Sec. 312. Aircraft certification process review and reform.
Sec. 313. Consistency of regulatory interpretation.
Sec. 314. Runway safety.
Sec. 315. Flight Standards Evaluation Program.
Sec. 316. Cockpit smoke.
Sec. 317. Off-airport, low-altitude aircraft weather observation
technology.
Sec. 318. Feasibility of requiring helicopter pilots to use night vision
goggles.
Sec. 319. Maintenance providers.
Sec. 320. Study of air quality in aircraft cabins.
Sec. 321. Improved pilot licenses.
Subtitle B--Unmanned Aircraft Systems
Sec. 331. Definitions.
Sec. 332. Integration of civil unmanned aircraft systems into national
airspace system.
Sec. 333. Special rules for certain unmanned aircraft systems.
Sec. 334. Public unmanned aircraft systems.
Sec. 335. Safety studies.
Sec. 336. Special rule for model aircraft.
Subtitle C--Safety and Protections
Sec. 341. Aviation Safety Whistleblower Investigation Office.
Sec. 342. Postemployment restrictions for flight standards inspectors.
Sec. 343. Review of air transportation oversight system database.
Sec. 344. Improved voluntary disclosure reporting system.
Sec. 345. Duty periods and flight time limitations applicable to flight
crewmembers.
Sec. 346. Certain existing flight time limitations and rest
requirements.
Sec. 347. Emergency locator transmitters on general aviation aircraft.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Passenger Air Service Improvements
Sec. 401. Smoking prohibition.
Sec. 402. Monthly air carrier reports.
Sec. 403. Musical instruments.
Sec. 404. Extension of competitive access reports.
Sec. 405. Airfares for members of the Armed Forces.
Sec. 406. Review of air carrier flight delays, cancellations, and
associated causes.
Sec. 407. Compensation for delayed baggage.
Sec. 408. DOT airline consumer complaint investigations.
Sec. 409. Study of operators regulated under part 135.
Sec. 410. Use of cell phones on passenger aircraft.
Sec. 411. Establishment of advisory committee for aviation consumer
protection.
Sec. 412. Disclosure of seat dimensions to facilitate the use of child
safety seats on aircraft.
Sec. 413. Schedule reduction.
Sec. 414. Ronald Reagan Washington National Airport slot exemptions.
Sec. 415. Passenger air service improvements.
Subtitle B--Essential Air Service
Sec. 421. Limitation on essential air service to locations that average
fewer than 10 enplanements per day.
Sec. 422. Essential air service eligibility.
Sec. 423. Essential air service marketing.
Sec. 424. Notice to communities prior to termination of eligibility for
subsidized essential air service.
Sec. 425. Restoration of eligibility to a place determined to be
ineligible for subsidized essential air service.
Sec. 426. Adjustments to compensation for significantly increased costs.
Sec. 427. Essential air service contract guidelines.
Sec. 428. Essential air service reform.
Sec. 429. Small community air service.
Sec. 430. Repeal of essential air service local participation program.
Sec. 431. Extension of final order establishing mileage adjustment
eligibility.
TITLE V--ENVIRONMENTAL STREAMLINING
Sec. 501. Overflights of national parks.
Sec. 502. State block grant program.
Sec. 503. Airport funding of special studies or reviews.
Sec. 504. Grant eligibility for assessment of flight procedures.
Sec. 505. Determination of fair market value of residential properties.
Sec. 506. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise levels.
Sec. 507. Aircraft departure queue management pilot program.
Sec. 508. High performance, sustainable, and cost-effective air traffic
control facilities.
Sec. 509. Sense of Congress.
Sec. 510. Aviation noise complaints.
Sec. 511. Pilot program for zero-emission airport vehicles.
Sec. 512. Increasing the energy efficiency of airport power sources.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. Presidential rank award program.
Sec. 603. Collegiate training initiative study.
Sec. 604. Frontline manager staffing.
Sec. 605. FAA technical training and staffing.
Sec. 606. Safety critical staffing.
Sec. 607. Air traffic control specialist qualification training.
Sec. 608. FAA air traffic controller staffing.
Sec. 609. Air traffic controller training and scheduling.
Sec. 610. FAA facility conditions.
Sec. 611. Technical correction.
TITLE VII--AVIATION INSURANCE
Sec. 701. General authority.
Sec. 702. Extension of authority to limit third-party liability of air
carriers arising out of acts of terrorism.
Sec. 703. Clarification of reinsurance authority.
Sec. 704. Use of independent claims adjusters.
TITLE VIII--MISCELLANEOUS
Sec. 801. Disclosure of data to Federal agencies in interest of national
security.
Sec. 802. FAA authority to conduct criminal history record checks.
Sec. 803. Civil penalties technical amendments.
Sec. 804. Consolidation and realignment of FAA services and facilities.
Sec. 805. Limiting access to flight decks of all-cargo aircraft.
Sec. 806. Consolidation or elimination of obsolete, redundant, or
otherwise unnecessary reports; use of electronic media format.
Sec. 807. Prohibition on use of certain funds.
Sec. 808. Study on aviation fuel prices.
Sec. 809. Wind turbine lighting.
Sec. 810. Air-rail code sharing study.
Sec. 811. D.C. Metropolitan Area Special Flight Rules Area.
Sec. 812. FAA review and reform.
Sec. 813. Use of mineral revenue at certain airports.
Sec. 814. Contracting.
Sec. 815. Flood planning.
Sec. 816. Historical aircraft documents.
Sec. 817. Release from restrictions.
Sec. 818. Sense of Congress.
Sec. 819. Human Intervention Motivation Study.
Sec. 820. Study of aeronautical mobile telemetry.
Sec. 821. Clarification of requirements for volunteer pilots operating
charitable medical flights.
Sec. 822. Pilot program for redevelopment of airport properties.
Sec. 823. Report on New York City and Newark air traffic control
facilities.
Sec. 824. Cylinders of compressed oxygen or other oxidizing gases.
Sec. 825. Orphan aviation earmarks.
Sec. 826. Privacy protections for air passenger screening with advanced
imaging technology.
Sec. 827. Commercial space launch license requirements.
Sec. 828. Air transportation of lithium cells and batteries.
Sec. 829. Clarification of memorandum of understanding with OSHA.
Sec. 830. Approval of applications for the airport security screening
opt-out program.
TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT
Sec. 901. Authorization of appropriations.
Sec. 902. Definitions.
Sec. 903. Unmanned aircraft systems.
Sec. 904. Research program on runways.
Sec. 905. Research on design for certification.
Sec. 906. Airport cooperative research program.
Sec. 907. Centers of excellence.
Sec. 908. Center of excellence for aviation human resource research.
Sec. 909. Interagency research on aviation and the environment.
Sec. 910. Aviation fuel research and development program.
Sec. 911. Research program on alternative jet fuel technology for civil
aircraft.
Sec. 912. Review of FAA's energy-related and environment-related
research programs.
Sec. 913. Review of FAA's aviation safety-related research programs.
Sec. 914. Production of clean coal fuel technology for civilian
aircraft.
Sec. 915. Wake turbulence, volcanic ash, and weather research.
Sec. 916. Reauthorization of center of excellence in applied research
and training in the use of advanced materials in transport
aircraft.
Sec. 917. Research and development of equipment to clean and monitor the
engine and APU bleed air supplied on pressurized aircraft.
Sec. 918. Expert review of enterprise architecture for NextGen.
Sec. 919. Airport sustainability planning working group.
TITLE X--NATIONAL MEDIATION BOARD
Sec. 1001. Rulemaking authority.
Sec. 1002. Runoff election rules.
Sec. 1003. Bargaining representative certification.
Sec. 1004. Oversight.
TITLE XI--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
Sec. 1100. Amendment of 1986 code.
Sec. 1101. Extension of taxes funding airport and airway trust fund.
Sec. 1102. Extension of airport and airway trust fund expenditure
authority.
Sec. 1103. Treatment of fractional aircraft ownership programs.
Sec. 1104. Transparency in passenger tax disclosures.
Sec. 1105. Tax-exempt bond financing for fixed-wing emergency medical
aircraft.
Sec. 1106. Rollover of amounts received in airline carrier bankruptcy.
Sec. 1107. Termination of exemption for small jet aircraft on
nonestablished lines.
Sec. 1108. Modification of control definition for purposes of section
249.
TITLE XII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO-ACT OF 2010
Sec. 1201. Compliance provision.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of title 49, United States Code.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the
amendments made by this Act shall take effect on the date of
enactment of this Act.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103 is amended to read as
follows:
``Sec. 48103. Airport planning and development and noise compatibility
planning and programs
``(a) In General.--There shall be available to the
Secretary of Transportation out of the Airport and Airway Trust
Fund established under section 9502 of the Internal Revenue
Code of 1986 to make grants for airport planning and airport
development under section 47104, airport noise compatibility
planning under section 47505(a)(2), and carrying out noise
compatibility programs under section 47504(c) $3,350,000,000
for each of fiscal years 2012 through 2015.
``(b) Availability of Amounts.--Amounts made available
under subsection (a) shall remain available until expended.''.
(b) Obligational Authority.--Section 47104(c) is amended in
the matter preceding paragraph (1) by striking ``After'' and
all the follows before ``the Secretary'' and inserting ``After
September 30, 2015,''.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations.--Section 48101(a) is
amended by striking paragraphs (1) through (8) and inserting
the following:
``(1) $2,731,000,000 for fiscal year 2012.
``(2) $2,715,000,000 for fiscal year 2013.
``(3) $2,730,000,000 for fiscal year 2014.
``(4) $2,730,000,000 for fiscal year 2015.''.
(b) Set-Asides.--Section 48101 is amended--
(1) by striking subsections (c), (d), (e), (h), and
(i); and
(2) by redesignating subsections (f) and (g) as
subsections (c) and (d), respectively.
SEC. 103. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) is amended by striking
subparagraphs (A) through (H) and inserting the following:
``(A) $9,653,000,000 for fiscal year 2012;
``(B) $9,539,000,000 for fiscal year 2013;
``(C) $9,596,000,000 for fiscal year 2014;
and
``(D) $9,653,000,000 for fiscal year
2015.''.
(b) Authorized Expenditures.--Section 106(k)(2) is
amended--
(1) by striking subparagraphs (A), (B), (C), and
(D);
(2) by redesignating subparagraphs (E), (F), and
(G) as subparagraphs (A), (B), and (C), respectively;
and
(3) in subparagraphs (A), (B), and (C) (as so
redesignated) by striking ``2004 through 2007'' and
inserting ``2012 through 2015''.
(c) Authority To Transfer Funds.--Section 106(k) is amended
by adding at the end the following:
``(3) Administering program within available
funding.--Notwithstanding any other provision of law,
in each of fiscal years 2012 through 2015, if the
Secretary determines that the funds appropriated under
paragraph (1) are insufficient to meet the salary,
operations, and maintenance expenses of the Federal
Aviation Administration, as authorized by this section,
the Secretary shall reduce nonsafety-related activities
of the Administration as necessary to reduce such
expenses to a level that can be met by the funding
available under paragraph (1).''.
SEC. 104. FUNDING FOR AVIATION PROGRAMS.
(a) Airport and Airway Trust Fund Guarantee.--Section
48114(a)(1)(A) is amended to read as follows:
``(A) In general.--The total budget
resources made available from the Airport and
Airway Trust Fund each fiscal year pursuant to
sections 48101, 48102, 48103, and 106(k)
shall--
``(i) in fiscal year 2013, be equal
to 90 percent of the estimated level of
receipts plus interest credited to the
Airport and Airway Trust Fund for that
fiscal year; and
``(ii) in fiscal year 2014 and each
fiscal year thereafter, be equal to the
sum of--
``(I) 90 percent of the
estimated level of receipts
plus interest credited to the
Airport and Airway Trust Fund
for that fiscal year; and
``(II) the actual level of
receipts plus interest credited
to the Airport and Airway Trust
Fund for the second preceding
fiscal year minus the total
amount made available for
obligation from the Airport and
Airway Trust Fund for the
second preceding fiscal year.
Such amounts may be used only for the aviation
investment programs listed in subsection
(b)(1).''.
(b) Technical Correction.--Section 48114(a)(1)(B) is
amended by striking ``subsection (b)'' and inserting
``subsection (b)(1)''.
(c) Additional Authorizations of Appropriations From the
General Fund.--Section 48114(a)(2) is amended by striking
``2007'' and inserting ``2015''.
(d) Estimated Level of Receipts Plus Interest Defined.--
Section 48114(b)(2) is amended--
(1) in the paragraph heading by striking ``Level''
and inserting ``Estimated level''; and
(2) by striking ``level of receipts plus interest''
and inserting ``estimated level of receipts plus
interest''.
(e) Enforcement of Guarantees.--Section 48114(c)(2) is
amended by striking ``2007'' and inserting ``2015''.
SEC. 105. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION SYSTEM
PROJECTS.
Section 44501(b) is amended--
(1) in paragraph (3) by striking ``and'' after the
semicolon;
(2) in paragraph (4)(B) by striking ``defense.''
and inserting ``defense; and''; and
(3) by adding at the end the following:
``(5) a list of capital projects that are part of
the Next Generation Air Transportation System and
funded by amounts appropriated under section
48101(a).''.
Subtitle B--Passenger Facility Charges
SEC. 111. PASSENGER FACILITY CHARGES.
(a) PFC Defined.--Section 40117(a)(5) is amended to read as
follows:
``(5) Passenger facility charge.--The term
`passenger facility charge' means a charge or fee
imposed under this section.''.
(b) Pilot Program for PFC Authorizations at Nonhub
Airports.--Section 40117(l) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph
(7).
(c) Correction of References.--
(1) Section 40117.--Section 40117 is amended--
(A) in the section heading by striking
``fees'' and inserting ``charges'';
(B) in the heading for subsection (e) by
striking ``Fees'' and inserting ``Charges'';
(C) in the heading for subsection (l) by
striking ``Fee'' and inserting ``Charge'';
(D) in the heading for paragraph (5) of
subsection (l) by striking ``fee'' and
inserting ``charge'';
(E) in the heading for subsection (m) by
striking ``Fees'' and inserting ``Charges'';
(F) in the heading for paragraph (1) of
subsection (m) by striking ``fees'' and
inserting ``charges'';
(G) by striking ``fee'' each place it
appears (other than the second sentence of
subsection (g)(4)) and inserting ``charge'';
and
(H) by striking ``fees'' each place it
appears and inserting ``charges''.
(2) Other references.--
(A) Subtitle VII is amended by striking
``fee'' and inserting ``charge'' each place it
appears in each of the following sections:
(i) Section 47106(f)(1).
(ii) Section 47110(e)(5).
(iii) Section 47114(f).
(iv) Section 47134(g)(1).
(v) Section 47139(b).
(vi) Section 47521.
(vii) Section 47524(e).
(viii) Section 47526(2).
(B) Section 47521(5) is amended by striking
``fees'' and inserting ``charges''.
(3) Clerical amendment.--The analysis for chapter
401 is amended by striking the item relating to section
40117 and inserting the following:
``40117. Passenger facility charges.''.
SEC. 112. GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS.
(a) In General.--The Comptroller General of the United
States shall conduct a study of alternative means of collecting
passenger facility charges imposed under section 40117 of title
49, United States Code, that would permit such charges to be
collected without being included in the ticket price. In
conducting the study, the Comptroller General shall consider,
at a minimum--
(1) collection options for arriving, connecting,
and departing passengers at airports;
(2) cost sharing or allocation methods based on
passenger travel to address connecting traffic; and
(3) examples of airport charges collected by
domestic and international airports that are not
included in ticket prices.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the study,
including the Comptroller General's findings, conclusions, and
recommendations.
SEC. 113. QUALIFICATIONS-BASED SELECTION.
It is the sense of Congress that airports should consider
the use of qualifications-based selection in carrying out
capital improvement projects funded using passenger facility
charges collected under section 40117 of title 49, United
States Code, with the goal of serving the needs of all
stakeholders.
Subtitle C--Fees for FAA Services
SEC. 121. UPDATE ON OVERFLIGHTS.
(a) Establishment and Adjustment of Fees.--Section 45301(b)
is amended to read as follows:
``(b) Establishment and Adjustment of Fees.--
``(1) In general.--In establishing and adjusting
fees under this section, the Administrator shall ensure
that the fees are reasonably related to the
Administration's costs, as determined by the
Administrator, of providing the services rendered.
``(2) Services for which costs may be recovered.--
Services for which costs may be recovered under this
section include the costs of air traffic control,
navigation, weather services, training, and emergency
services that are available to facilitate safe
transportation over the United States and the costs of
other services provided by the Administrator, or by
programs financed by the Administrator, to flights that
neither take off nor land in the United States.
``(3) Limitations on judicial review.--
Notwithstanding section 702 of title 5 or any other
provision of law, the following actions and other
matters shall not be subject to judicial review:
``(A) The establishment or adjustment of a
fee by the Administrator under this section.
``(B) The validity of a determination of
costs by the Administrator under paragraph (1),
and the processes and procedures applied by the
Administrator when reaching such determination.
``(C) An allocation of costs by the
Administrator under paragraph (1) to services
provided, and the processes and procedures
applied by the Administrator when establishing
such allocation.
``(4) Aircraft altitude.--Nothing in this section
shall require the Administrator to take into account
aircraft altitude in establishing any fee for aircraft
operations in en route or oceanic airspace.
``(5) Costs defined.--In this subsection, the term
`costs' includes operation and maintenance costs,
leasing costs, and overhead expenses associated with
the services provided and the facilities and equipment
used in providing such services.''.
(b) Adjustment of Fees.--Section 45301 is amended by adding
at the end the following:
``(e) Adjustment of Fees.--In addition to adjustments under
subsection (b), the Administrator may periodically adjust the
fees established under this section.''.
SEC. 122. REGISTRATION FEES.
(a) In General.--Chapter 453 is amended by adding at the
end the following:
``Sec. 45305. Registration, certification, and related fees
``(a) General Authority and Fees.--Subject to subsection
(b), the Administrator of the Federal Aviation Administration
shall establish and collect a fee for each of the following
services and activities of the Administration that does not
exceed the estimated costs of the service or activity:
``(1) Registering an aircraft.
``(2) Reregistering, replacing, or renewing an
aircraft registration certificate.
``(3) Issuing an original dealer's aircraft
registration certificate.
``(4) Issuing an additional dealer's aircraft
registration certificate (other than the original).
``(5) Issuing a special registration number.
``(6) Issuing a renewal of a special registration
number reservation.
``(7) Recording a security interest in an aircraft
or aircraft part.
``(8) Issuing an airman certificate.
``(9) Issuing a replacement airman certificate.
``(10) Issuing an airman medical certificate.
``(11) Providing a legal opinion pertaining to
aircraft registration or recordation.
``(b) Limitation on Collection.--No fee may be collected
under this section unless the expenditure of the fee to pay the
costs of activities and services for which the fee is imposed
is provided for in advance in an appropriations Act.
``(c) Fees Credited as Offsetting Collections.--
``(1) In general.--Notwithstanding section 3302 of
title 31, any fee authorized to be collected under this
section shall--
``(A) be credited as offsetting collections
to the account that finances the activities and
services for which the fee is imposed;
``(B) be available for expenditure only to
pay the costs of activities and services for
which the fee is imposed, including all costs
associated with collecting the fee; and
``(C) remain available until expended.
``(2) Continuing appropriations.--The Administrator
may continue to assess, collect, and spend fees
established under this section during any period in
which the funding for the Federal Aviation
Administration is provided under an Act providing
continuing appropriations in lieu of the
Administration's regular appropriations.
``(3) Adjustments.--The Administrator shall adjust
a fee established under subsection (a) for a service or
activity if the Administrator determines that the
actual cost of the service or activity is higher or
lower than was indicated by the cost data used to
establish such fee.''.
(b) Clerical Amendment.--The analysis for chapter 453 is
amended by adding at the end the following:
``45305. Registration, certification, and related fees.''.
(c) Fees Involving Aircraft Not Providing Air
Transportation.--Section 45302(e) is amended--
(1) by striking ``A fee'' and inserting the
following:
``(1) In general.--A fee''; and
(2) by adding at the end the following:
``(2) Effect of imposition of other fees.--A fee
may not be imposed for a service or activity under this
section during any period in which a fee for the same
service or activity is imposed under section 45305.''.
Subtitle D--Airport Improvement Program Modifications
SEC. 131. AIRPORT MASTER PLANS.
Section 47101(g)(2) is amended--
(1) in subparagraph (B) by striking ``and'' at the
end;
(2) by redesignating subparagraph (C) as
subparagraph (D); and
(3) by inserting after subparagraph (B) the
following:
``(C) consider passenger convenience,
airport ground access, and access to airport
facilities; and''.
SEC. 132. AIP DEFINITIONS.
(a) Airport Development.--Section 47102(3) is amended--
(1) in subparagraph (B)(iv) by striking ``20'' and
inserting ``9'';
(2) in subparagraph (G) by inserting ``and
including acquiring glycol recovery vehicles,'' after
``aircraft,''; and
(3) by adding at the end the following:
``(M) construction of mobile refueler
parking within a fuel farm at a nonprimary
airport meeting the requirements of section
112.8 of title 40, Code of Federal Regulations.
``(N) terminal development under section
47119(a).
``(O) acquiring and installing facilities
and equipment to provide air conditioning,
heating, or electric power from terminal-based,
nonexclusive use facilities to aircraft parked
at a public use airport for the purpose of
reducing energy use or harmful emissions as
compared to the provision of such air
conditioning, heating, or electric power from
aircraft-based systems.''.
(b) Airport Planning.--Section 47102(5) is amended to read
as follows:
``(5) `airport planning' means planning as defined
by regulations the Secretary prescribes and includes--
``(A) integrated airport system planning;
``(B) developing an environmental
management system; and
``(C) developing a plan for recycling and
minimizing the generation of airport solid
waste, consistent with applicable State and
local recycling laws, including the cost of a
waste audit.''.
(c) General Aviation Airport.--Section 47102 is amended--
(1) by redesignating paragraphs (23) through (25)
as paragraphs (25) through (27), respectively;
(2) by redesignating paragraphs (8) through (22) as
paragraphs (9) through (23), respectively; and
(3) by inserting after paragraph (7) the following:
``(8) `general aviation airport' means a public
airport that is located in a State and that, as
determined by the Secretary--
``(A) does not have scheduled service; or
``(B) has scheduled service with less than
2,500 passenger boardings each year.''.
(d) Revenue Producing Aeronautical Support Facilities.--
Section 47102 is amended by inserting after paragraph (23) (as
redesignated by subsection (c)(2) of this section) the
following:
``(24) `revenue producing aeronautical support
facilities' means fuel farms, hangar buildings, self-
service credit card aeronautical fueling systems,
airplane wash racks, major rehabilitation of a hangar
owned by a sponsor, or other aeronautical support
facilities that the Secretary determines will increase
the revenue producing ability of the airport.''.
(e) Terminal Development.--Section 47102 (as amended by
subsection (c) of this section) is further amended by adding at
the end the following:
``(28) `terminal development' means--
``(A) development of--
``(i) an airport passenger terminal
building, including terminal gates;
``(ii) access roads servicing
exclusively airport traffic that leads
directly to or from an airport
passenger terminal building; and
``(iii) walkways that lead directly
to or from an airport passenger
terminal building; and
``(B) the cost of a vehicle described in
section 47119(a)(1)(B).''.
SEC. 133. RECYCLING PLANS FOR AIRPORTS.
Section 47106(a) is amended--
(1) in paragraph (4) by striking ``and'' at the
end;
(2) in paragraph (5) by striking ``proposed.'' and
inserting ``proposed; and''; and
(3) by adding at the end the following:
``(6) if the project is for an airport that has an
airport master plan, the master plan addresses issues
relating to solid waste recycling at the airport,
including--
``(A) the feasibility of solid waste
recycling at the airport;
``(B) minimizing the generation of solid
waste at the airport;
``(C) operation and maintenance
requirements;
``(D) the review of waste management
contracts; and
``(E) the potential for cost savings or the
generation of revenue.''.
SEC. 134. CONTENTS OF COMPETITION PLANS.
Section 47106(f)(2) is amended--
(1) by striking ``patterns of air service,'';
(2) by inserting ``and'' before ``whether''; and
(3) by striking ``, and airfare levels'' and all
that follows before the period.
SEC. 135. GRANT ASSURANCES.
(a) General Written Assurances.--Section
47107(a)(16)(D)(ii) is amended by inserting before the
semicolon at the end the following: ``, except in the case of a
relocation or replacement of an existing airport facility that
meets the conditions of section 47110(d)''.
(b) Written Assurances on Acquiring Land.--
(1) Use of proceeds.--Section 47107(c)(2) is
amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause
(i) by striking ``purpose--'' and
inserting ``purpose (including land
serving as a noise buffer either by
being undeveloped or developed in a way
that is compatible with using the land
for noise buffering purposes)--'';
(ii) in clause (iii) by striking
``paid to the Secretary'' and all that
follows before the semicolon and
inserting ``reinvested in another
project at the airport or transferred
to another airport as the Secretary
prescribes under paragraph (4)''; and
(B) in subparagraph (B)(iii) by striking
``reinvested, on application'' and all that
follows before the period at the end and
inserting ``reinvested in another project at
the airport or transferred to another airport
as the Secretary prescribes under paragraph
(4)''.
(2) Eligible projects.--Section 47107(c) is amended
by adding at the end the following:
``(4) In approving the reinvestment or transfer of proceeds
under paragraph (2)(A)(iii) or (2)(B)(iii), the Secretary shall
give preference, in descending order, to the following actions:
``(A) Reinvestment in an approved noise
compatibility project.
``(B) Reinvestment in an approved project that is
eligible for funding under section 47117(e).
``(C) Reinvestment in an approved airport
development project that is eligible for funding under
section 47114, 47115, or 47117.
``(D) Transfer to a sponsor of another public
airport to be reinvested in an approved noise
compatibility project at that airport.
``(E) Payment to the Secretary for deposit in the
Airport and Airway Trust Fund established under section
9502 of the Internal Revenue Code of 1986.
``(5)(A) A lease at fair market value by an airport owner
or operator of land acquired for a noise compatibility purpose
using a grant provided under this subchapter shall not be
considered a disposal for purposes of paragraph (2).
``(B) The airport owner or operator may use revenues from a
lease described in subparagraph (A) for an approved airport
development project that is eligible for funding under section
47114, 47115, or 47117.
``(C) The Secretary shall coordinate with each airport
owner or operator to ensure that leases described in
subparagraph (A) are consistent with noise buffering purposes.
``(D) The provisions of this paragraph apply to all land
acquired before, on, or after the date of enactment of this
paragraph.''.
SEC. 136. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL
AVIATION AIRPORTS.
(a) In General.--Section 47107 is amended by adding at the
end the following:
``(t) Agreements Granting Through-The-Fence Access to
General Aviation Airports.--
``(1) In general.--Subject to paragraph (2), a
sponsor of a general aviation airport shall not be
considered to be in violation of this subtitle, or to
be in violation of a grant assurance made under this
section or under any other provision of law as a
condition for the receipt of Federal financial
assistance for airport development, solely because the
sponsor enters into an agreement that grants to a
person that owns residential real property adjacent to
or near the airport access to the airfield of the
airport for the following:
``(A) Aircraft of the person.
``(B) Aircraft authorized by the person.
``(2) Through-the-fence agreements.--
``(A) In general.--An agreement described
in paragraph (1) between an airport sponsor and
a property owner (or an association
representing such property owner) shall be a
written agreement that prescribes the rights,
responsibilities, charges, duration, and other
terms the airport sponsor determines are
necessary to establish and manage the airport
sponsor's relationship with the property owner.
``(B) Terms and conditions.--An agreement
described in paragraph (1) between an airport
sponsor and a property owner (or an association
representing such property owner) shall require
the property owner, at minimum--
``(i) to pay airport access charges
that, as determined by the airport
sponsor, are comparable to those
charged to tenants and operators on-
airport making similar use of the
airport;
``(ii) to bear the cost of building
and maintaining the infrastructure
that, as determined by the airport
sponsor, is necessary to provide
aircraft located on the property
adjacent to or near the airport access
to the airfield of the airport;
``(iii) to maintain the property
for residential, noncommercial use for
the duration of the agreement;
``(iv) to prohibit access to the
airport from other properties through
the property of the property owner; and
``(v) to prohibit any aircraft
refueling from occurring on the
property.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to an agreement between an airport sponsor and a
property owner (or an association representing such property
owner) entered into before, on, or after the date of enactment
of this Act.
SEC. 137. GOVERNMENT SHARE OF PROJECT COSTS.
Section 47109 is amended--
(1) in subsection (a) by striking ``provided in
subsection (b) or subsection (c) of this section'' and
inserting ``otherwise provided in this section''; and
(2) by adding at the end the following:
``(e) Special Rule for Transition From Small Hub to Medium
Hub Status.--If the status of a small hub airport changes to a
medium hub airport, the Government's share of allowable project
costs for the airport may not exceed 90 percent for the first 2
fiscal years after such change in hub status.
``(f) Special Rule for Economically Distressed
Communities.--The Government's share of allowable project costs
shall be 95 percent for a project at an airport that--
``(1) is receiving essential air service for which
compensation was provided to an air carrier under
subchapter II of chapter 417; and
``(2) is located in an area that meets one or more
of the criteria established in section 301(a) of the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)), as determined by the Secretary of
Commerce.''.
SEC. 138. ALLOWABLE PROJECT COSTS.
(a) Allowable Project Costs.--Section 47110(b)(2)(D) is
amended to read as follows:
``(D) if the cost is for airport development and is
incurred before execution of the grant agreement, but
in the same fiscal year as execution of the grant
agreement, and if--
``(i) the cost was incurred before
execution of the grant agreement because the
airport has a shortened construction season due
to climactic conditions in the vicinity of the
airport;
``(ii) the cost is in accordance with an
airport layout plan approved by the Secretary
and with all statutory and administrative
requirements that would have been applicable to
the project if the project had been carried out
after execution of the grant agreement,
including submission of a complete grant
application to the appropriate regional or
district office of the Federal Aviation
Administration;
``(iii) the sponsor notifies the Secretary
before authorizing work to commence on the
project;
``(iv) the sponsor has an alternative
funding source available to fund the project;
and
``(v) the sponsor's decision to proceed
with the project in advance of execution of the
grant agreement does not affect the priority
assigned to the project by the Secretary for
the allocation of discretionary funds;''.
(b) Inclusion of Measures to Improve Efficiency of Airport
Buildings in Airport Improvement Projects.--Section 47110(b) is
amended--
(1) in paragraph (5) by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (6) by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(7) if the cost is incurred on a measure to
improve the efficiency of an airport building (such as
a measure designed to meet one or more of the criteria
for being considered a high-performance green building
as set forth under section 401(13) of the Energy
Independence and Security Act of 2007 (42 U.S.C.
17061(13))) and--
``(A) the measure is for a project for
airport development;
``(B) the measure is for an airport
building that is otherwise eligible for
construction assistance under this subchapter;
and
``(C) if the measure results in an increase
in initial project costs, the increase is
justified by expected savings over the life
cycle of the project.''.
(c) Relocation of Airport-Owned Facilities.--Section
47110(d) is amended to read as follows:
``(d) Relocation of Airport-Owned Facilities.--The
Secretary may determine that the costs of relocating or
replacing an airport-owned facility are allowable for an
airport development project at an airport only if--
``(1) the Government's share of such costs will be
paid with funds apportioned to the airport sponsor
under section 47114(c)(1) or 47114(d);
``(2) the Secretary determines that the relocation
or replacement is required due to a change in the
Secretary's design standards; and
``(3) the Secretary determines that the change is
beyond the control of the airport sponsor.''.
(d) Nonprimary Airports.--Section 47110(h) is amended--
(1) by inserting ``construction'' before ``costs of
revenue producing''; and
(2) by striking ``, including fuel farms and
hangars,''.
(e) Bird-Detecting Radar Systems.--Section 47110 is amended
by adding at the end the following:
``(i) Bird-Detecting Radar Systems.--The Administrator of
the Federal Aviation Administration, upon the conclusion of all
planned research by the Administration regarding avian radar
systems, shall--
``(1) update Advisory Circular No. 150/5220-25 to
specify which systems have been studied; and
``(2) within 180 days after such research is
concluded, issue a final report on the use of avian
radar systems in the national airspace system.''.
SEC. 139. VETERANS' PREFERENCE.
Section 47112(c) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B) by striking
``separated from'' and inserting ``discharged
or released from active duty in''; and
(B) by adding at the end the following:
``(C) `Afghanistan-Iraq war veteran' means an
individual who served on active duty (as defined in
section 101 of title 38) in the armed forces in support
of Operation Enduring Freedom, Operation Iraqi Freedom,
or Operation New Dawn for more than 180 consecutive
days, any part of which occurred after September 11,
2001, and before the date prescribed by presidential
proclamation or by law as the last day of Operation
Enduring Freedom, Operation Iraqi Freedom, or Operation
New Dawn (whichever is later), and who was discharged
or released from active duty in the armed forces under
honorable conditions.
``(D) `Persian Gulf veteran' means an individual
who served on active duty in the armed forces in the
Southwest Asia theater of operations during the Persian
Gulf War for more than 180 consecutive days, any part
of which occurred after August 2, 1990, and before the
date prescribed by presidential proclamation or by law,
and who was discharged or released from active duty in
the armed forces under honorable conditions.''; and
(2) in paragraph (2) by striking ``Vietnam-era
veterans and disabled veterans'' and inserting
``Vietnam-era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and
small business concerns (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)) owned and
controlled by disabled veterans''.
SEC. 140. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
(a) Findings.--Congress finds the following:
(1) While significant progress has occurred due to
the establishment of the airport disadvantaged business
enterprise program (49 U.S.C. 47107(e) and 47113),
discrimination and related barriers continue to pose
significant obstacles for minority- and women-owned
businesses seeking to do business in airport-related
markets across the Nation. These continuing barriers
merit the continuation of the airport disadvantaged
business enterprise program.
(2) Congress has received and reviewed testimony
and documentation of race and gender discrimination
from numerous sources, including congressional hearings
and roundtables, scientific reports, reports issued by
public and private agencies, news stories, reports of
discrimination by organizations and individuals, and
discrimination lawsuits. This testimony and
documentation shows that race- and gender-neutral
efforts alone are insufficient to address the problem.
(3) This testimony and documentation demonstrates
that discrimination across the Nation poses a barrier
to full and fair participation in airport-related
businesses of women business owners and minority
business owners in the racial groups detailed in parts
23 and 26 of title 49, Code of Federal Regulations, and
has impacted firm development and many aspects of
airport-related business in the public and private
markets.
(4) This testimony and documentation provides a
strong basis that there is a compelling need for the
continuation of the airport disadvantaged business
enterprise program and the airport concessions
disadvantaged business enterprise program to address
race and gender discrimination in airport-related
business.
(b) Standardizing Certification of Disadvantaged Business
Enterprises.--Section 47113 is amended by adding at the end the
following:
``(e) Mandatory Training Program.--
``(1) In general.--Not later than 1 year after the
date of enactment of this subsection, the Secretary
shall establish a mandatory training program for
persons described in paragraph (3) to provide
streamlined training on certifying whether a small
business concern qualifies as a small business concern
owned and controlled by socially and economically
disadvantaged individuals under this section and
section 47107(e).
``(2) Implementation.--The training program may be
implemented by one or more private entities approved by
the Secretary.
``(3) Participants.--A person referred to in
paragraph (1) is an official or agent of an airport
sponsor--
``(A) who is required to provide a written
assurance under this section or section
47107(e) that the airport owner or operator
will meet the percentage goal of subsection (b)
of this section or section 47107(e)(1), as the
case may be; or
``(B) who is responsible for determining
whether or not a small business concern
qualifies as a small business concern owned and
controlled by socially and economically
disadvantaged individuals under this section or
section 47107(e).''.
(c) Inspector General Report on Participation in FAA
Programs by Disadvantaged Small Business Concerns.--
(1) In general.--For each of fiscal years 2013
through 2015, the Inspector General of the Department
of Transportation shall submit to Congress a report on
the number of new small business concerns owned and
controlled by socially and economically disadvantaged
individuals, including those owned by veterans, that
participated in the programs and activities funded
using the amounts made available under this Act.
(2) New small business concerns.--For purposes of
subsection (a), a new small business concern is a small
business concern that did not participate in the
programs and activities described in subsection (a) in
a previous fiscal year.
(3) Contents.--The report shall include--
(A) a list of the top 25 and bottom 25
large and medium hub airports in terms of
providing opportunities for small business
concerns owned and controlled by socially and
economically disadvantaged individuals to
participate in the programs and activities
funded using the amounts made available under
this Act;
(B) the results of an assessment, to be
conducted by the Inspector General, on the
reasons why the top airports have been
successful in providing such opportunities; and
(C) recommendations to the Administrator of
the Federal Aviation Administration and
Congress on methods for other airports to
achieve results similar to those of the top
airports.
SEC. 141. SPECIAL APPORTIONMENT RULES.
(a) Eligibility To Receive Primary Airport Minimum
Apportionment Amount.--Section 47114(d) is amended by adding at
the end the following:
``(7) Eligibility to receive primary airport
minimum apportionment amount.--Notwithstanding any
other provision of this subsection, the Secretary may
apportion to an airport sponsor in a fiscal year an
amount equal to the minimum apportionment available
under subsection (c)(1)(B) if the Secretary finds that
the airport--
``(A) received scheduled or unscheduled air
service from a large certificated air carrier
(as defined in part 241 of title 14, Code of
Federal Regulations, or such other regulations
as may be issued by the Secretary under the
authority of section 41709) in the calendar
year used to calculate the apportionment; and
``(B) had more than 10,000 passenger
boardings in the calendar year used to
calculate the apportionment.''.
(b) Special Rule for Fiscal Years 2012 and 2013.--Section
47114(c)(1) is amended--
(1) by striking subparagraphs (F) and (G); and
(2) by inserting after subparagraph (E) the
following:
``(F) Special rule for fiscal years 2012
and 2013.--Notwithstanding subparagraph (A),
for an airport that had more than 10,000
passenger boardings and scheduled passenger
aircraft service in calendar year 2007, but in
either calendar year 2009 or 2010, or in both
years, the number of passenger boardings
decreased to a level below 10,000 boardings per
year at such airport, the Secretary may
apportion in each of fiscal years 2012 and 2013
to the sponsor of such airport an amount equal
to the amount apportioned to that sponsor in
fiscal year 2009.''.
SEC. 142. UNITED STATES TERRITORIES MINIMUM GUARANTEE.
Section 47114 is amended by adding at the end the
following:
``(g) Supplemental Apportionment for Puerto Rico and United
States Territories.--The Secretary shall apportion amounts for
airports in Puerto Rico and all other United States territories
in accordance with this section. This subsection does not
prohibit the Secretary from making project grants for airports
in Puerto Rico or other United States territories from the
discretionary fund under section 47115.''.
SEC. 143. REDUCING APPORTIONMENTS.
Section 47114(f)(1) is amended by striking subparagraphs
(A) and (B) and inserting the following:
``(A) in the case of a charge of $3.00 or
less--
``(i) except as provided in clause
(ii), 50 percent of the projected
revenues from the charge in the fiscal
year but not by more than 50 percent of
the amount that otherwise would be
apportioned under this section; or
``(ii) with respect to an airport
in Hawaii, 50 percent of the projected
revenues from the charge in the fiscal
year but not by more than 50 percent of
the excess of--
``(I) the amount that
otherwise would be apportioned
under this section; over
``(II) the amount equal to
the amount specified in
subclause (I) multiplied by the
percentage of the total
passenger boardings at the
applicable airport that are
comprised of interisland
passengers; and
``(B) in the case of a charge of more than
$3.00--
``(i) except as provided in clause
(ii), 75 percent of the projected
revenues from the charge in the fiscal
year but not by more than 75 percent of
the amount that otherwise would be
apportioned under this section; or
``(ii) with respect to an airport
in Hawaii, 75 percent of the projected
revenues from the charge in the fiscal
year but not by more than 75 percent of
the excess of--
``(I) the amount that
otherwise would be apportioned
under this section; over
``(II) the amount equal to
the amount specified in
subclause (I) multiplied by the
percentage of the total
passenger boardings at the
applicable airport that are
comprised of interisland
passengers.''.
SEC. 144. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115(j) is amended by striking ``For fiscal
years'' and all that follows before ``the sponsors'' and
inserting ``For fiscal years 2012 through 2015,''.
SEC. 145. USE OF APPORTIONED AMOUNTS.
Section 47117(e)(1)(A) is amended--
(1) by striking ``35 percent'' in the first
sentence and inserting ``35 percent, but not more than
$300,000,000,'';
(2) by striking ``and'' after ``47141,'';
(3) by striking ``et seq.).'' and inserting ``et
seq.), and for water quality mitigation projects to
comply with the Act of June 30, 1948 (33 U.S.C. 1251 et
seq.), approved in an environmental record of decision
for an airport development project under this title.'';
and
(4) by striking ``such 35 percent requirement is''
in the second sentence and inserting ``the requirements
of the preceding sentence are''.
SEC. 146. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) Considerations.--Section 47118(c) is amended--
(1) in paragraph (1) by striking ``or'' after the
semicolon;
(2) in paragraph (2) by striking ``delays.'' and
inserting ``delays; or''; and
(3) by adding at the end the following:
``(3) preserve or enhance minimum airfield
infrastructure facilities at former military airports
to support emergency diversionary operations for
transoceanic flights in locations--
``(A) within United States jurisdiction or
control; and
``(B) where there is a demonstrable lack of
diversionary airports within the distance or
flight-time required by regulations governing
transoceanic flights.''.
(b) Designation of General Aviation Airports.--Section
47118(g) is amended--
(1) in the subsection heading by striking
``Airport'' and inserting ``Airports''; and
(2) by striking ``one of the airports bearing a
designation under subsection (a) may be a general
aviation airport that was a former military
installation'' and inserting ``3 of the airports
bearing designations under subsection (a) may be
general aviation airports that were former military
installations''.
(c) Safety-Critical Airports.--Section 47118 is amended by
adding at the end the following:
``(h) Safety-Critical Airports.--Notwithstanding any other
provision of this chapter, a grant under section 47117(e)(1)(B)
may be made for a federally owned airport designated under
subsection (a) if the grant is for a project that is--
``(1) to preserve or enhance minimum airfield
infrastructure facilities described in subsection
(c)(3); and
``(2) necessary to meet the minimum safety and
emergency operational requirements established under
part 139 of title 14, Code of Federal Regulations.''.
SEC. 147. CONTRACT TOWER PROGRAM.
(a) Cost-Benefit Requirement.--Section 47124(b) is
amended--
(1) in paragraph (1)--
(A) by striking ``(1) The Secretary'' and
inserting the following:
``(1) Contract tower program.--
``(A) Continuation.--The Secretary''; and
(B) by adding at the end the following:
``(B) Special rule.--If the Secretary
determines that a tower already operating under
the program continued under this paragraph has
a benefit-to-cost ratio of less than 1.0, the
airport sponsor or State or local government
having jurisdiction over the airport shall not
be required to pay the portion of the costs
that exceeds the benefit for a period of 18
months after such determination is made.
``(C) Use of excess funds.--If the
Secretary finds that all or part of an amount
made available to carry out the program
continued under this paragraph is not required
during a fiscal year, the Secretary may use,
during such fiscal year, the amount not so
required to carry out the program established
under paragraph (3).''; and
(2) in paragraph (2) by striking ``(2) The
Secretary'' and inserting the following:
``(2) General authority.--The Secretary''.
(b) Funding; Use of Excess Funds.--Section 47124(b)(3) is
amended by striking subparagraph (E) and inserting the
following:
``(E) Funding.--Of the amounts appropriated
pursuant to section 106(k)(1), not more than
$10,350,000 for each of fiscal years 2012
through 2015 may be used to carry out this
paragraph.
``(F) Use of excess funds.--If the
Secretary finds that all or part of an amount
made available under this paragraph is not
required during a fiscal year, the Secretary
may use, during such fiscal year, the amount
not so required to carry out the program
continued under paragraph (1).''.
(c) Federal Share.--Section 47124(b)(4)(C) is amended by
striking ``$1,500,000'' and inserting ``$2,000,000''.
(d) Safety Audits.--Section 47124 is amended by adding at
the end the following:
``(c) Safety Audits.--The Secretary shall establish uniform
standards and requirements for regular safety assessments of
air traffic control towers that receive funding under this
section.''.
SEC. 148. RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES.
(a) In General.--Section 47129 is amended--
(1) by striking the section heading and inserting
the following:
``Sec. 47129. Resolution of disputes concerning airport fees'';
(2) by inserting ``and Foreign Air Carrier'' after
``Carrier'' in the heading for subsection (d);
(3) by inserting ``and foreign air carrier'' after
``carrier'' in the heading for subsection (d)(2);
(4) by striking ``air carrier'' each place it
appears and inserting ``air carrier or foreign air
carrier'';
(5) by striking ``air carrier's'' each place it
appears and inserting ``air carrier's or foreign air
carrier's'';
(6) by striking ``air carriers'' and inserting
``air carriers or foreign air carriers''; and
(7) by striking ``(as defined in section 40102 of
this title)'' in subsection (a) and inserting ``(as
those terms are defined in section 40102)''.
(b) Conforming Amendment.--The analysis for chapter 471 is
amended by striking the item relating to section 47129 and
inserting the following:
``47129. Resolution of disputes concerning airport fees.''.
SEC. 149. SALE OF PRIVATE AIRPORTS TO PUBLIC SPONSORS.
(a) In General.--Section 47133(b) is amended--
(1) by striking ``Subsection (a) shall not apply
if'' and inserting the following:
``(1) Prior laws and agreements.--Subsection (a)
shall not apply if''; and
(2) by adding at the end the following:
``(2) Sale of private airport to public sponsor.--
In the case of a privately owned airport, subsection
(a) shall not apply to the proceeds from the sale of
the airport to a public sponsor if--
``(A) the sale is approved by the
Secretary;
``(B) funding is provided under this
subchapter for any portion of the public
sponsor's acquisition of airport land; and
``(C) an amount equal to the remaining
unamortized portion of any airport improvement
grant made to that airport for purposes other
than land acquisition, amortized over a 20-year
period, plus an amount equal to the Federal
share of the current fair market value of any
land acquired with an airport improvement grant
made to that airport on or after October 1,
1996, is repaid to the Secretary by the private
owner.
``(3) Treatment of repayments.--Repayments referred
to in paragraph (2)(C) shall be treated as a recovery
of prior year obligations.''.
(b) Applicability to Grants.--The amendments made by
subsection (a) shall apply to grants issued on or after October
1, 1996.
SEC. 150. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN WASHINGTON
AIRPORTS AUTHORITY.
Section 49108, and the item relating to section 49108 in
the analysis for chapter 491, are repealed.
SEC. 151. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking
``for fiscal years'' and all that follows before ``from
amounts'' and inserting ``for fiscal years 2012 through 2015''.
SEC. 152. MISCELLANEOUS AMENDMENTS.
(a) Technical Changes to National Plan of Integrated
Airport Systems.--Section 47103 is amended--
(1) in subsection (a)--
(A) by striking ``each airport to--'' and
inserting ``the airport system to--'';
(B) in paragraph (1) by striking ``system
in the particular area;'' and inserting
``system, including connection to the surface
transportation network; and'';
(C) in paragraph (2) by striking ``; and''
and inserting a period; and
(D) by striking paragraph (3);
(2) in subsection (b)--
(A) in paragraph (1) by striking the
semicolon and inserting ``; and'';
(B) by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
and
(C) in paragraph (2) (as so redesignated)
by striking ``, Short Takeoff and Landing/Very
Short Takeoff and Landing aircraft
operations,''; and
(3) in subsection (d) by striking ``status of
the''.
(b) Consolidation of Terminal Development Provisions.--
Section 47119 is amended--
(1) by redesignating subsections (a), (b), (c), and
(d) as subsections (b), (c), (d), and (e),
respectively;
(2) by inserting before subsection (b) (as so
redesignated) the following:
``(a) Terminal Development Projects.--
``(1) In general.--The Secretary of Transportation
may approve a project for terminal development
(including multimodal terminal development) in a
nonrevenue-producing public-use area of a commercial
service airport--
``(A) if the sponsor certifies that the
airport, on the date the grant application is
submitted to the Secretary, has--
``(i) all the safety equipment
required for certification of the
airport under section 44706;
``(ii) all the security equipment
required by regulation; and
``(iii) provided for access by
passengers to the area of the airport
for boarding or exiting aircraft that
are not air carrier aircraft;
``(B) if the cost is directly related to
moving passengers and baggage in air commerce
within the airport, including vehicles for
moving passengers between terminal facilities
and between terminal facilities and aircraft;
and
``(C) under terms necessary to protect the
interests of the Government.
``(2) Project in revenue-producing areas and
nonrevenue-producing parking lots.--In making a
decision under paragraph (1), the Secretary may approve
as allowable costs the expenses of terminal development
in a revenue-producing area and construction,
reconstruction, repair, and improvement in a
nonrevenue-producing parking lot if--
``(A) except as provided in section
47108(e)(3), the airport does not have more
than .05 percent of the total annual passenger
boardings in the United States; and
``(B) the sponsor certifies that any needed
airport development project affecting safety,
security, or capacity will not be deferred
because of the Secretary's approval.'';
(3) in subsection (b)(4)(B) (as redesignated by
paragraph (1) of this subsection) by striking
``Secretary of Transportation'' and inserting
``Secretary'';
(4) in subsections (b)(3) and (b)(4)(A) (as
redesignated by paragraph (1) of this subsection) by
striking ``section 47110(d)'' and inserting
``subsection (a)'';
(5) in subsection (b)(5) (as redesignated by
paragraph (1) of this subsection) by striking
``subsection (b)(1) and (2)'' and inserting
``subsections (c)(1) and (c)(2)'';
(6) in subsections (c)(1), (c)(2)(A), (c)(3), and
(c)(4) (as redesignated by paragraph (1) of this
subsection) by striking ``section 47110(d) of this
title'' and inserting ``subsection (a)'';
(7) in subsections (c)(2)(B) and (c)(5) (as
redesignated by paragraph (1) of this subsection) by
striking ``section 47110(d)'' and inserting
``subsection (a)''; and
(8) by adding at the end the following:
``(f) Limitation on Discretionary Funds.--The Secretary may
distribute not more than $20,000,000 from the discretionary
fund established under section 47115 for terminal development
projects at a nonhub airport or a small hub airport that is
eligible to receive discretionary funds under section
47108(e)(3).''.
(c) Annual Report.--Section 47131(a) is amended--
(1) by striking ``April 1'' and inserting ``June
1''; and
(2) by striking paragraphs (1), (2), (3), and (4)
and inserting the following:
``(1) a summary of airport development and planning
completed;
``(2) a summary of individual grants issued;
``(3) an accounting of discretionary and
apportioned funds allocated;
``(4) the allocation of appropriations; and''.
(d) Correction to Emission Credits Provision.--Section
47139 is amended--
(1) in subsection (a) by striking ``47102(3)(F),'';
and
(2) in subsection (b)--
(A) by striking ``47102(3)(F),''; and
(B) by striking ``47103(3)(F),''.
(e) Conforming Amendments.--
(1) Section 40117(a)(3)(B) is amended by striking
``section 47110(d)'' and inserting ``section
47119(a)''.
(2) Section 47108(e)(3) is amended--
(A) by striking ``section 47110(d)(2)'' and
inserting ``section 47119(a)''; and
(B) by striking ``section 47110(d)'' and
inserting ``section 47119(a)''.
(f) Correction to Surplus Property Authority.--Section
47151(e) is amended by striking ``(other than real property''
and all that follows through ``(10 U.S.C. 2687 note))''.
(g) Definitions.--
(1) Congested airport.--Section 47175(2) is amended
by striking ``2001'' and inserting ``2004 or any
successor report''.
(2) Joint use airport.--Section 47175 is amended by
adding at the end the following:
``(7) Joint use airport.--The term `joint use
airport' means an airport owned by the Department of
Defense, at which both military and civilian aircraft
make shared use of the airfield.''.
SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING
AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.
Section 47141(f) is amended to read as follows:
``(f) Sunset.--This section shall not be in effect after
September 30, 2015.''.
SEC. 154. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD WEATHER
STATES.
The Administrator of the Federal Aviation Administration,
to the extent practicable, shall schedule the Administrator's
review of construction projects so that projects to be carried
out in States in which the weather during a typical calendar
year prevents major construction projects from being carried
out before May 1 are reviewed as early as possible.
SEC. 155. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
begin a study to evaluate the formulation of the national plan
of integrated airport systems (in this section referred to as
the ``plan'') under section 47103 of title 49, United States
Code.
(b) Contents of Study.--The study shall include a review of
the following:
(1) The criteria used for including airports in the
plan and the application of such criteria in the most
recently published version of the plan.
(2) The changes in airport capital needs as shown
in the 2005-2009 and 2007-2011 plans, compared with the
amounts apportioned or otherwise made available to
individual airports between 2005 and 2010.
(3) A comparison of the amounts received by
airports under the airport improvement program in
airport apportionments, State apportionments, and
discretionary grants during such fiscal years with
capital needs as reported in the plan.
(4) The effect of transfers of airport
apportionments under title 49, United States Code.
(5) An analysis on the feasibility and advisability
of apportioning amounts under section 47114(c)(1) of
title 49, United States Code, to the sponsor of each
primary airport for each fiscal year an amount that
bears the same ratio to the amount subject to the
apportionment for fiscal year 2009 as the number of
passenger boardings at the airport during the prior
calendar year bears to the aggregate of all passenger
boardings at all primary airports during that calendar
year.
(6) A documentation and review of the methods used
by airports to reach the 10,000 passenger enplanement
threshold, including whether such airports subsidize
commercial flights to reach such threshold, at every
airport in the United States that reported between
10,000 and 15,000 passenger enplanements during each of
the 2 most recent calendar years for which such data is
available.
(7) Any other matters pertaining to the plan that
the Secretary determines appropriate.
(c) Report to Congress.--
(1) Submission.--Not later than 36 months after the
date that the Secretary begins the study under this
section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the
results of the study.
(2) Contents.--The report shall include--
(A) the findings of the Secretary on each
of the issues described in subsection (b);
(B) recommendations for any changes to
policies and procedures for formulating the
plan; and
(C) recommendations for any changes to the
methods of determining the amounts to be
apportioned or otherwise made available to
individual airports.
SEC. 156. AIRPORT PRIVATIZATION PROGRAM.
Section 47134(b) is amended in the matter preceding
paragraph (1) by striking ``5 airports'' and inserting ``10
airports''.
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) Nextgen.--The term ``NextGen'' means the Next
Generation Air Transportation System.
(2) ADS-B.--The term ``ADS-B'' means automatic
dependent surveillance-broadcast.
(3) ADS-B Out.--The term ``ADS-B Out'' means
automatic dependent surveillance-broadcast with the
ability to transmit information from the aircraft to
ground stations and to other equipped aircraft.
(4) ADS-B In.--The term ``ADS-B In'' means
automatic dependent surveillance-broadcast with the
ability to transmit information from the aircraft to
ground stations and to other equipped aircraft as well
as the ability of the aircraft to receive information
from other transmitting aircraft and the ground
infrastructure.
(5) RNAV.--The term ``RNAV'' means area navigation.
(6) RNP.--The term ``RNP'' means required
navigation performance.
SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS.
In allocating amounts appropriated pursuant to section
48101(a) of title 49, United States Code, the Secretary of
Transportation shall give priority to the following NextGen
activities:
(1) Next Generation Transportation System--
Demonstrations and Infrastructure Development.
(2) Next Generation Transportation System--
Trajectory Based Operations.
(3) Next Generation Transportation System--Reduce
Weather Impact.
(4) Next Generation Transportation System--
Arrivals/Departures at High Density Airports.
(5) Next Generation Transportation System--
Collaborative ATM.
(6) Next Generation Transportation System--Flexible
Terminals and Airports.
(7) Next Generation Transportation System--Safety,
Security, and Environment.
(8) Next Generation Transportation System--Systems
Network Facilities.
(9) Center for Advanced Aviation System
Development.
(10) Next Generation Transportation System--System
Development.
(11) Data Communications in support of Next
Generation Air Transportation System.
(12) ADS-B NAS-Wide Implementation.
(13) System-Wide Information Management.
(14) Next Generation Transportation System--
Facility Consolidation and Realignment.
(15) En Route Modernization--D-Position Upgrade and
System Enhancements.
(16) National Airspace System Voice System.
(17) Next Generation Network Enabled Weather.
(18) NextGen Performance Based Navigation Metroplex
Area Navigation/Required Navigation Performance.
SEC. 203. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE
AGREEMENTS.
Section 106(m) is amended in the last sentence by inserting
``with or'' before ``without reimbursement''.
SEC. 204. CHIEF NEXTGEN OFFICER.
Section 106 is amended by adding at the end the following:
``(s) Chief NextGen Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief
NextGen Officer appointed by the Administrator,
with the approval of the Secretary. The Chief
NextGen Officer shall report directly to the
Administrator and shall be subject to the
authority of the Administrator.
``(B) Qualifications.--The Chief NextGen
Officer shall have a demonstrated ability in
management and knowledge of or experience in
aviation and systems engineering.
``(C) Term.--The Chief NextGen Officer
shall be appointed for a term of 5 years.
``(D) Removal.--The Chief NextGen Officer
shall serve at the pleasure of the
Administrator, except that the Administrator
shall make every effort to ensure stability and
continuity in the leadership of the
implementation of NextGen.
``(E) Vacancy.--Any individual appointed to
fill a vacancy in the position of Chief NextGen
Officer occurring before the expiration of the
term for which the individual's predecessor was
appointed shall be appointed for the remainder
of that term.
``(2) Compensation.--
``(A) In general.--The Chief NextGen
Officer shall be paid at an annual rate of
basic pay to be determined by the
Administrator. The annual rate may not exceed
the annual compensation paid under section 102
of title 3. The Chief NextGen Officer shall be
subject to the postemployment provisions of
section 207 of title 18 as if the position of
Chief NextGen Officer were described in section
207(c)(2)(A)(i) of that title.
``(B) Bonus.--In addition to the annual
rate of basic pay authorized by subparagraph
(A), the Chief NextGen Officer may receive a
bonus for any calendar year not to exceed 30
percent of the annual rate of basic pay, based
upon the Administrator's evaluation of the
Chief NextGen Officer's performance in relation
to the performance goals set forth in the
performance agreement described in paragraph
(3).
``(3) Annual performance agreement.--The
Administrator and the Chief NextGen Officer, in
consultation with the Federal Aviation Management
Advisory Council, shall enter into an annual
performance agreement that sets forth measurable
organization and individual goals for the Chief NextGen
Officer in key operational areas. The agreement shall
be subject to review and renegotiation on an annual
basis.
``(4) Annual performance report.--The Chief NextGen
Officer shall prepare and transmit to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Science, Space, and Technology of the
House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate an
annual management report containing such information as
may be prescribed by the Secretary.
``(5) Responsibilities.--The responsibilities of
the Chief NextGen Officer include the following:
``(A) Implementing NextGen activities and
budgets across all program offices of the
Federal Aviation Administration.
``(B) Coordinating the implementation of
NextGen activities with the Office of
Management and Budget.
``(C) Reviewing and providing advice on the
Administration's modernization programs,
budget, and cost accounting system with respect
to NextGen.
``(D) With respect to the budget of the
Administration--
``(i) developing a budget request
of the Administration related to the
implementation of NextGen;
``(ii) submitting such budget
request to the Administrator; and
``(iii) ensuring that the budget
request supports the annual and long-
range strategic plans of the
Administration with respect to NextGen.
``(E) Consulting with the Administrator on
the Capital Investment Plan of the
Administration prior to its submission to
Congress.
``(F) Developing an annual NextGen
implementation plan.
``(G) Ensuring that NextGen implementation
activities are planned in such a manner as to
require that system architecture is designed to
allow for the incorporation of novel and
currently unknown technologies into NextGen in
the future and that current decisions do not
bias future decisions unfairly in favor of
existing technology at the expense of
innovation.
``(H) Coordinating with the NextGen Joint
Planning and Development Office with respect to
facilitating cooperation among all Federal
agencies whose operations and interests are
affected by the implementation of NextGen.
``(6) Exception.--If the Administrator appoints as
the Chief NextGen Officer, pursuant to paragraph
(1)(A), an Executive Schedule employee covered by
section 5315 of title 5, then paragraphs (1)(B),
(1)(C), (2), and (3) of this subsection shall not apply
to such employee.
``(7) Nextgen defined.--For purposes of this
subsection, the term `NextGen' means the Next
Generation Air Transportation System.''.
SEC. 205. DEFINITION OF AIR NAVIGATION FACILITY.
Section 40102(a)(4) is amended--
(1) by redesignating subparagraph (D) as
subparagraph (E);
(2) by striking subparagraphs (B) and (C); and
(3) by inserting after subparagraph (A) the
following:
``(B) runway lighting and airport surface
visual and other navigation aids;
``(C) apparatus, equipment, software, or
service for distributing aeronautical and
meteorological information to air traffic
control facilities or aircraft;
``(D) communication, navigation, or
surveillance equipment for air-to-ground or
air-to-air applications;'';
(4) in subparagraph (E) (as redesignated by
paragraph (1) of this section)--
(A) by striking ``another structure'' and
inserting ``any structure, equipment,''; and
(B) by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(F) buildings, equipment, and systems
dedicated to the national airspace system.''.
SEC. 206. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.
Section 40110(c) is amended--
(1) by inserting ``and'' after the semicolon in
paragraph (3);
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph
(4).
SEC. 207. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.
Section 40113(e) is amended--
(1) in paragraph (1)--
(A) by inserting ``(whether public or
private)'' after ``authorities''; and
(B) by striking ``safety.'' and inserting
``safety or efficiency. The Administrator is
authorized to participate in, and submit offers
in response to, competitions to provide these
services, and to contract with foreign aviation
authorities to provide these services
consistent with section 106(l)(6).'';
(2) in paragraph (2) by adding at the end the
following: ``The Administrator is authorized,
notwithstanding any other provision of law or policy,
to accept payments for services provided under this
subsection in arrears.''; and
(3) by striking paragraph (3) and inserting the
following:
``(3) Crediting appropriations.--Funds received by
the Administrator pursuant to this section shall--
``(A) be credited to the appropriation
current when the amount is received;
``(B) be merged with and available for the
purposes of such appropriation; and
``(C) remain available until expended.''.
SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING AND
DEVELOPMENT OFFICE.
(a) Redesignation of JPDO Director to Associate
Administrator.--
(1) Associate administrator for next generation air
transportation system planning, development, and
interagency coordination.--Section 709(a) of the Vision
100--Century of Aviation Reauthorization Act (49 U.S.C.
40101 note; 117 Stat. 2582) is amended--
(A) by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (4), and (5),
respectively; and
(B) by inserting after paragraph (1) the
following:
``(2) The head of the Office shall be the Associate
Administrator for Next Generation Air Transportation System
Planning, Development, and Interagency Coordination, who shall
be appointed by the Administrator of the Federal Aviation
Administration, with the approval of the Secretary. The
Administrator shall appoint the Associate Administrator after
consulting with the Chairman of the Next Generation Senior
Policy Committee and providing advanced notice to the other
members of that Committee.''.
(2) Responsibilities.--Section 709(a)(3) of such
Act (as redesignated by paragraph (1) of this
subsection) is amended--
(A) in subparagraph (G) by striking ``;
and'' and inserting a semicolon;
(B) in subparagraph (H) by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(I) establishing specific quantitative goals for
the safety, capacity, efficiency, performance, and
environmental impacts of each phase of Next Generation
Air Transportation System planning and development
activities and measuring actual operational experience
against those goals, taking into account noise
pollution reduction concerns of affected communities to
the extent practicable in establishing the
environmental goals;
``(J) working to ensure global interoperability of
the Next Generation Air Transportation System;
``(K) working to ensure the use of weather
information and space weather information in the Next
Generation Air Transportation System as soon as
possible;
``(L) overseeing, with the Administrator and in
consultation with the Chief NextGen Officer, the
selection of products or outcomes of research and
development activities that should be moved to a
demonstration phase; and
``(M) maintaining a baseline modeling and
simulation environment for testing and evaluating
alternative concepts to satisfy Next Generation Air
Transportation System enterprise architecture
requirements.''.
(3) Cooperation with other federal agencies.--
Section 709(a)(4) of such Act (as redesignated by
paragraph (1) of this subsection) is amended--
(A) by striking ``(4)'' and inserting
``(4)(A)''; and
(B) by adding at the end the following:
``(B) The Secretary of Defense, the Administrator of the
National Aeronautics and Space Administration, the Secretary of
Commerce, the Secretary of Homeland Security, and the head of
any other Federal agency from which the Secretary of
Transportation requests assistance under subparagraph (A) shall
designate a senior official in the agency to be responsible
for--
``(i) carrying out the activities of the agency
relating to the Next Generation Air Transportation
System in coordination with the Office, including the
execution of all aspects of the work of the agency in
developing and implementing the integrated work plan
described in subsection (b)(5);
``(ii) serving as a liaison for the agency in
activities of the agency relating to the Next
Generation Air Transportation System and coordinating
with other Federal agencies involved in activities
relating to the System; and
``(iii) ensuring that the agency meets its
obligations as set forth in any memorandum of
understanding executed by or on behalf of the agency
relating to the Next Generation Air Transportation
System.
``(C) The head of a Federal agency referred to in
subparagraph (B) shall--
``(i) ensure that the responsibilities of the
agency relating to the Next Generation Air
Transportation System are clearly communicated to the
senior official of the agency designated under
subparagraph (B);
``(ii) ensure that the performance of the senior
official in carrying out the responsibilities of the
agency relating to the Next Generation Air
Transportation System is reflected in the official's
annual performance evaluations and compensation;
``(iii) establish or designate an office within the
agency to carry out its responsibilities under the
memorandum of understanding under the supervision of
the designated official; and
``(iv) ensure that the designated official has
sufficient budgetary authority and staff resources to
carry out the agency's Next Generation Air
Transportation System responsibilities as set forth in
the integrated plan under subsection (b).
``(D) Not later than 6 months after the date of enactment
of this subparagraph, the head of each Federal agency that has
responsibility for carrying out any activity under the
integrated plan under subsection (b) shall execute a memorandum
of understanding with the Office obligating that agency to
carry out the activity.''.
(4) Coordination with omb.--Section 709(a) of such
Act (117 Stat. 2582) is further amended by adding at
the end the following:
``(6)(A) The Office shall work with the Director of the
Office of Management and Budget to develop a process whereby
the Director will identify projects related to the Next
Generation Air Transportation System across the agencies
referred to in paragraph (4)(A) and consider the Next
Generation Air Transportation System as a unified, cross-agency
program.
``(B) The Director of the Office of Management and Budget,
to the extent practicable, shall--
``(i) ensure that--
``(I) each Federal agency covered by the
plan has sufficient funds requested in the
President's budget, as submitted under section
1105(a) of title 31, United States Code, for
each fiscal year covered by the plan to carry
out its responsibilities under the plan; and
``(II) the development and implementation
of the Next Generation Air Transportation
System remains on schedule;
``(ii) include, in the President's budget, a
statement of the portion of the estimated budget of
each Federal agency covered by the plan that relates to
the activities of the agency under the Next Generation
Air Transportation System; and
``(iii) identify and justify as part of the
President's budget submission any inconsistencies
between the plan and amounts requested in the budget.
``(7) The Associate Administrator for Next Generation Air
Transportation System Planning, Development, and Interagency
Coordination shall be a voting member of the Joint Resources
Council of the Federal Aviation Administration.''.
(b) Integrated Plan.--Section 709(b) of such Act (117 Stat.
2583) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``meets air'' and inserting
``meets anticipated future air''; and
(B) by striking ``beyond those currently
included in the Federal Aviation
Administration's operational evolution plan'';
(2) at the end of paragraph (3) by striking
``and'';
(3) at the end of paragraph (4) by striking the
period and inserting ``; and''; and
(4) by adding at the end the following:
``(5) a multiagency integrated work plan for the
Next Generation Air Transportation System that
includes--
``(A) an outline of the activities required
to achieve the end-state architecture, as
expressed in the concept of operations and
enterprise architecture documents, that
identifies each Federal agency or other entity
responsible for each activity in the outline;
``(B) details on a year-by-year basis of
specific accomplishments, activities, research
requirements, rulemakings, policy decisions,
and other milestones of progress for each
Federal agency or entity conducting activities
relating to the Next Generation Air
Transportation System;
``(C) for each element of the Next
Generation Air Transportation System, an
outline, on a year-by-year basis, of what is to
be accomplished in that year toward meeting the
Next Generation Air Transportation System's
end-state architecture, as expressed in the
concept of operations and enterprise
architecture documents, as well as identifying
each Federal agency or other entity that will
be responsible for each component of any
research, development, or implementation
program;
``(D) an estimate of all necessary
expenditures on a year-by-year basis, including
a statement of each Federal agency or entity's
responsibility for costs and available
resources, for each stage of development from
the basic research stage through the
demonstration and implementation phase;
``(E) a clear explanation of how each step
in the development of the Next Generation Air
Transportation System will lead to the
following step and of the implications of not
successfully completing a step in the time
period described in the integrated work plan;
``(F) a transition plan for the
implementation of the Next Generation Air
Transportation System that includes date-
specific milestones for the implementation of
new capabilities into the national airspace
system;
``(G) date-specific timetables for meeting
the environmental goals identified in
subsection (a)(3)(I); and
``(H) a description of potentially
significant operational or workforce changes
resulting from deployment of the Next
Generation Air Transportation System.''.
(c) NextGen Implementation Plan.--Section 709(d) of such
Act (117 Stat. 2584) is amended to read as follows:
``(d) NextGen Implementation Plan.--The Administrator shall
develop and publish annually the document known as the NextGen
Implementation Plan, or any successor document, that provides a
detailed description of how the agency is implementing the Next
Generation Air Transportation System.''.
(d) Contingency Planning.--The Associate Administrator for
Next Generation Air Transportation System Planning,
Development, and Interagency Coordination shall, as part of the
design of the System, develop contingency plans for dealing
with the degradation of the System in the event of a natural
disaster, major equipment failure, or act of terrorism.
SEC. 209. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.
(a) Meetings.--Section 710(a) of the Vision 100--Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat.
2584) is amended by inserting before the period at the end the
following ``and shall meet at least twice each year''.
(b) Annual Report.--Section 710 of such Act (117 Stat.
2584) is amended by adding at the end the following:
``(e) Annual Report.--
``(1) Submission to congress.--Not later than 1
year after the date of enactment of this subsection,
and annually thereafter on the date of submission of
the President's budget request to Congress under
section 1105(a) of title 31, United States Code, the
Secretary shall submit to Congress a report summarizing
the progress made in carrying out the integrated work
plan required by section 709(b)(5) and any changes in
that plan.
``(2) Contents.--The report shall include--
``(A) a copy of the updated integrated work
plan;
``(B) a description of the progress made in
carrying out the integrated work plan and any
changes in that plan, including any changes
based on funding shortfalls and limitations set
by the Office of Management and Budget;
``(C) a detailed description of--
``(i) the success or failure of
each item of the integrated work plan
for the previous year and relevant
information as to why any milestone was
not met; and
``(ii) the impact of not meeting
the milestone and what actions will be
taken in the future to account for the
failure to complete the milestone;
``(D) an explanation of any change to
future years in the integrated work plan and
the reasons for such change; and
``(E) an identification of the levels of
funding for each agency participating in the
integrated work plan devoted to programs and
activities under the plan for the previous
fiscal year and in the President's budget
request.''.
SEC. 210. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.
Section 40110(a) is amended by striking paragraphs (2) and
(3) and inserting the following:
``(2) may construct and improve laboratories and
other test facilities; and
``(3) may dispose of any interest in property for
adequate compensation, and the amount so received
shall--
``(A) be credited to the appropriation
current when the amount is received;
``(B) be merged with and available for the
purposes of such appropriation; and
``(C) remain available until expended.''.
SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.
(a) Review by DOT Inspector General.--
(1) In general.--The Inspector General of the
Department of Transportation shall conduct a review
concerning the Federal Aviation Administration's award
and oversight of any contracts entered into by the
Administration to provide ADS-B services for the
national airspace system.
(2) Contents.--The review shall include, at a
minimum--
(A) an examination of how the
Administration manages program risks;
(B) an assessment of expected benefits
attributable to the deployment of ADS-B
services, including the Administration's plans
for implementation of advanced operational
procedures and air-to-air applications, as well
as the extent to which ground radar will be
retained;
(C) an assessment of the Administration's
analysis of specific operational benefits, and
benefit/costs analyses of planned operational
benefits conducted by the Administration, for
ADS-B In and ADS-B Out avionics equipage for
airspace users;
(D) a determination of whether the
Administration has established sufficient
mechanisms to ensure that all design,
acquisition, operation, and maintenance
requirements have been met by the contractor;
(E) an assessment of whether the
Administration and any contractors are meeting
cost, schedule, and performance milestones, as
measured against the original baseline of the
Administration's program for providing ADS-B
services;
(F) an assessment of how security issues
are being addressed in the overall design and
implementation of the ADS-B system;
(G) identification of any potential
operational or workforce changes resulting from
deployment of ADS-B; and
(H) any other matters or aspects relating
to contract implementation and oversight that
the Inspector General determines merit
attention.
(3) Reports to congress.--The Inspector General
shall submit, periodically (and on at least an annual
basis), to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on the results of the review
conducted under this subsection.
(b) Rulemaking.--
(1) ADS-B In.--Not later than 1 year after the date
of enactment of this Act, the Administrator of the
Federal Aviation Administration shall initiate a
rulemaking proceeding to issue guidelines and
regulations relating to ADS-B In technology that--
(A) identify the ADS-B In technology that
will be required under NextGen;
(B) subject to paragraph (2), require all
aircraft operating in capacity constrained
airspace, at capacity constrained airports, or
in any other airspace deemed appropriate by the
Administrator to be equipped with ADS-B In
technology by 2020; and
(C) identify--
(i) the type of avionics required
of aircraft for all classes of
airspace;
(ii) the expected costs associated
with the avionics; and
(iii) the expected uses and
benefits of the avionics.
(2) Readiness verification.--Before the
Administrator completes an ADS-B In equipage rulemaking
proceeding or issues an interim or final rule pursuant
to paragraph (1), the Chief NextGen Officer shall
verify that--
(A) the necessary ground infrastructure is
installed and functioning properly;
(B) certification standards have been
approved; and
(C) appropriate operational platforms
interface safely and efficiently.
(c) Use of ADS-B Technology.--
(1) Plans.--Not later than 18 months after the date
of enactment of this Act, the Administrator shall
develop, in consultation with appropriate employee and
industry groups, a plan for the use of ADS-B technology
for surveillance and active air traffic control.
(2) Contents.--The plan shall--
(A) include provisions to test the use of
ADS-B technology for surveillance and active
air traffic control in specific regions of the
United States with the most congested airspace;
(B) identify the equipment required at air
traffic control facilities and the training
required for air traffic controllers;
(C) identify procedures, to be developed in
consultation with appropriate employee and
industry groups, to conduct air traffic
management in mixed equipage environments; and
(D) establish a policy in test regions
referred to in subparagraph (A), in
consultation with appropriate employee and
industry groups, to provide incentives for
equipage with ADS-B technology, including
giving priority to aircraft equipped with such
technology before the 2020 equipage deadline.
SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.
(a) Review.--The Administrator of the Federal Aviation
Administration shall enter into an arrangement with the
National Research Council to review the enterprise architecture
for the NextGen.
(b) Contents.--At a minimum, the review to be conducted
under subsection (a) shall--
(1) highlight the technical activities, including
human-system design, organizational design, and other
safety and human factor aspects of the system, that
will be necessary to successfully transition current
and planned modernization programs to the future system
envisioned by the Joint Planning and Development Office
of the Administration;
(2) assess technical, cost, and schedule risk for
the software development that will be necessary to
achieve the expected benefits from a highly automated
air traffic management system and the implications for
ongoing modernization projects; and
(3) determine how risks with automation efforts for
the NextGen can be mitigated based on the experiences
of other public or private entities in developing
complex, software-intensive systems.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the results of
the review conducted pursuant to subsection (a).
SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.
(a) Operational Evolution Partnership (OEP) Airport
Procedures.--
(1) OEP airports report.--Not later than 6 months
after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration
shall publish a report, after consultation with
representatives of appropriate Administration employee
groups, airport operators, air carriers, general
aviation representatives, aircraft and avionics
manufacturers, and third parties that have received
letters of qualification from the Administration to
design and validate required navigation performance
flight paths for public use (in this section referred
to as ``qualified third parties'') that includes the
following:
(A) RNP/RNAV operations for oep airports.--
The required navigation performance and area
navigation operations, including the procedures
to be developed, certified, and published and
the air traffic control operational changes, to
maximize the fuel efficiency and airspace
capacity of NextGen commercial operations at
each of the 35 operational evolution
partnership airports identified by the
Administration and any medium or small hub
airport located within the same metroplex area
considered appropriate by the Administrator.
The Administrator shall, to the maximum extent
practicable, avoid overlays of existing flight
procedures, but if unavoidable, the
Administrator shall clearly identify each
required navigation performance and area
navigation procedure that is an overlay of an
existing instrument flight procedure and the
reason why such an overlay was used.
(B) Coordination and implementation
activities for oep airports.--A description of
the activities and operational changes and
approvals required to coordinate and utilize
the procedures at OEP airports.
(C) Implementation plan for oep airports.--
A plan for implementing the procedures for OEP
airports under subparagraph (A) that
establishes--
(i) clearly defined budget,
schedule, project organization, and
leadership requirements;
(ii) specific implementation and
transition steps;
(iii) baseline and performance
metrics for--
(I) measuring the
Administration's progress in
implementing the plan,
including the percentage
utilization of required
navigation performance in the
national airspace system; and
(II) achieving measurable
fuel burn and carbon dioxide
emissions reductions compared
to current performance;
(iv) expedited environmental review
procedures and processes for timely
environmental approval of area
navigation and required navigation
performance that offer significant
efficiency improvements as determined
by baseline and performance metrics
under clause (iii);
(v) coordination and communication
mechanisms with qualified third
parties, if applicable;
(vi) plans to address human
factors, training, and other issues for
air traffic controllers surrounding the
adoption of RNP procedures in the en
route and terminal environments,
including in a mixed operational
environment; and
(vii) a lifecycle management
strategy for RNP procedures to be
developed by qualified third parties,
if applicable.
(D) Additional procedures for oep
airports.--A process for the identification,
certification, and publication of additional
required navigation performance and area
navigation procedures that may provide
operational benefits at OEP airports, and any
medium or small hub airport located within the
same metroplex area as the OEP airport, in the
future.
(2) Implementation schedule for oep airports.--The
Administrator shall certify, publish, and implement--
(A) not later than 18 months after the date
of enactment of this Act, 30 percent of the
required procedures at OEP airports;
(B) not later than 36 months after the date
of enactment of this Act, 60 percent of the
required procedures at OEP airports; and
(C) before June 30, 2015, 100 percent of
the required procedures at OEP airports.
(b) Non-OEP Airports.--
(1) Non-OEP airports report.--Not later than 6
months after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration
shall publish a report, after consultation with
representatives of appropriate Administration employee
groups, airport operators, air carriers, general
aviation representatives, aircraft and avionics
manufacturers, and third parties that have received
letters of qualification from the Administration to
design and validate required navigation performance
flight paths for public use (in this section referred
to as ``qualified third parties'') that includes the
following:
(A) Rnp operations for non-oep airports.--A
list of required navigation performance
procedures (as defined in FAA order 8260.52(d))
to be developed, certified, and published, and
the air traffic control operational changes, to
maximize the fuel efficiency and airspace
capacity of NextGen commercial operations at 35
non-OEP small, medium, and large hub airports
other than those referred to in subsection
(a)(1). The Administrator shall choose such
non-OEP airports considered appropriate by the
Administrator to produce maximum operational
benefits, including improved fuel efficiency
and emissions reductions that do not have
public RNP procedures that produce such
benefits on the date of enactment of this Act.
The Administrator shall, to the maximum extent
practicable, avoid overlays of existing flight
procedures, but if unavoidable, the
Administrator shall clearly identify each
required navigation performance procedure that
is an overlay of an existing instrument flight
procedure and the reason why such an overlay
was used.
(B) Coordination and implementation
activities for non-oep airports.--A description
of the activities and operational changes and
approvals required to coordinate and to utilize
the procedures required by subparagraph (A) at
each of the airports described in such
subparagraph.
(C) Implementation plan for non-oep
airports.--A plan for implementation of the
procedures required by subparagraph (A) that
establishes--
(i) clearly defined budget,
schedule, project organization, and
leadership requirements;
(ii) specific implementation and
transition steps;
(iii) coordination and
communications mechanisms with
qualified third parties;
(iv) plans to address human
factors, training, and other issues for
air traffic controllers surrounding the
adoption of RNP procedures in the en
route and terminal environments,
including in a mixed operational
environment;
(v) baseline and performance
metrics for--
(I) measuring the
Administration's progress in
implementing the plan,
including the percentage
utilization of required
navigation performance in the
national airspace system; and
(II) achieving measurable
fuel burn and carbon dioxide
emissions reduction compared to
current performance;
(vi) expedited environmental review
procedures and processes for timely
environmental approval of area
navigation and required navigation
performance that offer significant
efficiency improvements as determined
by baseline and performance metrics
established under clause (v);
(vii) a description of the software
and database information, such as a
current version of the Noise Integrated
Routing System or the Integrated Noise
Model that the Administration will need
to make available to qualified third
parties to enable those third parties
to design procedures that will meet the
broad range of requirements of the
Administration; and
(viii) lifecycle management
strategy for RNP procedures to be
developed by qualified third parties,
if applicable.
(D) Additional procedures for non-oep
airports.--A process for the identification,
certification, and publication of additional
required navigation performance procedures that
may provide operational benefits at non-OEP
airports in the future.
(2) Implementation schedule for non-oep airports.--
The Administrator shall certify, publish, and
implement--
(A) not later than 18 months after the date
of enactment of this Act, 25 percent of the
required procedures for non-OEP airports;
(B) not later than 36 months after the date
of enactment of this Act, 50 percent of the
required procedures for non-OEP airports; and
(C) before June 30, 2016, 100 percent of
the required procedures for non-OEP airports.
(c) Coordinated and Expedited Review.--
(1) In general.--Navigation performance and area
navigation procedures developed, certified, published,
or implemented under this section shall be presumed to
be covered by a categorical exclusion (as defined in
section 1508.4 of title 40, Code of Federal
Regulations) under chapter 3 of FAA Order 1050.1E
unless the Administrator determines that extraordinary
circumstances exist with respect to the procedure.
(2) Nextgen procedures.--Any navigation performance
or other performance based navigation procedure
developed, certified, published, or implemented that,
in the determination of the Administrator, would result
in measurable reductions in fuel consumption, carbon
dioxide emissions, and noise, on a per flight basis, as
compared to aircraft operations that follow existing
instrument flight rules procedures in the same
airspace, shall be presumed to have no significant
affect on the quality of the human environment and the
Administrator shall issue and file a categorical
exclusion for the new procedure.
(d) Deployment Plan for Nationwide Data Communications
System.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a plan for implementation of a nationwide data
communications system. The plan shall include--
(1) clearly defined budget, schedule, project
organization, and leadership requirements;
(2) specific implementation and transition steps;
and
(3) baseline and performance metrics for measuring
the Administration's progress in implementing the plan.
(e) Improved Performance Standards.--
(1) Assessment of work being performed under
nextgen implementation plan.--The Administrator shall
clearly outline in the NextGen Implementation Plan
document of the Administration the work being performed
under the plan to determine--
(A) whether utilization of ADS-B, RNP, and
other technologies as part of NextGen
implementation will display the position of
aircraft more accurately and frequently to
enable a more efficient use of existing
airspace and result in reduced consumption of
aviation fuel and aircraft engine emissions;
and
(B) the feasibility of reducing aircraft
separation standards in a safe manner as a
result of the implementation of such
technologies.
(2) Aircraft separation standards.--If the
Administrator determines that the standards referred to
in paragraph (1)(B) can be reduced safely, the
Administrator shall include in the NextGen
Implementation Plan a timetable for implementation of
such reduced standards.
(f) Third-Party Usage.--The Administration shall establish
a program under which the Administrator is authorized to use
qualified third parties in the development, testing, and
maintenance of flight procedures.
SEC. 214. PERFORMANCE METRICS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish and begin tracking
national airspace system performance metrics, including, at a
minimum, metrics with respect to--
(1) actual arrival and departure rates per hour
measured against the currently published aircraft
arrival rate and aircraft departure rate for the 35
operational evolution partnership airports;
(2) average gate-to-gate times;
(3) fuel burned between key city pairs;
(4) operations using the advanced navigation
procedures, including performance based navigation
procedures;
(5) the average distance flown between key city
pairs;
(6) the time between pushing back from the gate and
taking off;
(7) continuous climb or descent;
(8) average gate arrival delay for all arrivals;
(9) flown versus filed flight times for key city
pairs;
(10) implementation of NextGen Implementation Plan,
or any successor document, capabilities designed to
reduce emissions and fuel consumption;
(11) the Administration's unit cost of providing
air traffic control services; and
(12) runway safety, including runway incursions,
operational errors, and loss of standard separation
events.
(b) Baselines.--The Administrator, in consultation with
aviation industry stakeholders, shall identify baselines for
each of the metrics established under subsection (a) and
appropriate methods to measure deviations from the baselines.
(c) Publication.--The Administrator shall make data
obtained under subsection (a) available to the public in a
searchable, sortable, and downloadable format through the Web
site of the Administration and other appropriate media.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that contains--
(1) a description of the metrics that will be used
to measure the Administration's progress in
implementing NextGen capabilities and operational
results;
(2) information on any additional metrics
developed; and
(3) a process for holding the Administration
accountable for meeting or exceeding the metrics
baselines identified in subsection (b).
SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.
(a) Process for Certification.--Not later than 180 days
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall develop a plan to
accelerate and streamline the process for certification of
NextGen technologies, including--
(1) establishment of updated project plans and
timelines;
(2) identification of the specific activities
needed to certify NextGen technologies, including the
establishment of NextGen technical requirements for the
manufacture of equipage, installation of equipage,
airline operational procedures, pilot training
standards, air traffic control procedures, and air
traffic controller training;
(3) identification of staffing requirements for the
Air Certification Service and the Flight Standards
Service, taking into consideration the leveraging of
assistance from third parties and designees;
(4) establishment of a program under which the
Administration will use third parties in the
certification process; and
(5) establishment of performance metrics to measure
the Administration's progress.
(b) Certification Integrity.--The Administrator shall
ensure that equipment, systems, or services used in the
national airspace system meet appropriate certification
requirements regardless of whether the equipment, system, or
service is publically or privately owned.
SEC. 216. SURFACE SYSTEMS ACCELERATION.
(a) In General.--The Chief Operating Officer of the Air
Traffic Organization shall--
(1) evaluate the Airport Surface Detection
Equipment-Model X program for its potential
contribution to implementation of the NextGen
initiative;
(2) evaluate airport surveillance technologies and
associated collaborative surface management software
for potential contributions to implementation of
NextGen surface management;
(3) accelerate implementation of the program
referred to in paragraph (1); and
(4) carry out such additional duties as the
Administrator of the Federal Aviation Administration
may require.
(b) Expedited Certification and Utilization.--The
Administrator shall--
(1) consider options for expediting the
certification of Ground-Based Augmentation System
technology; and
(2) develop a plan to utilize such a system at the
35 operational evolution partnership airports by
December 31, 2012.
SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL
MODERNIZATION PROJECTS.
(a) Process for Employee Inclusion.--Notwithstanding any
other law or agreement, the Administrator of the Federal
Aviation Administration shall establish a process or processes
for including qualified employees selected by each exclusive
collective bargaining representative of employees of the
Administration impacted by the air traffic control
modernization process to serve in a collaborative and expert
capacity in the planning and development of air traffic control
modernization projects, including NextGen.
(b) Adherence to Deadlines.--Participants in these
processes shall adhere, to the greatest extent possible, to all
deadlines and milestones established pursuant to this title.
(c) No Change in Employee Status.--Participation in these
processes by an employee shall not--
(1) serve as a waiver of any bargaining obligations
or rights;
(2) entitle the employee to any additional
compensation or benefits with the exception of a per
diem, if appropriate; or
(3) entitle the employee to prevent or unduly delay
the exercise of management prerogatives.
(d) Working Groups.--Except in extraordinary circumstances,
the Administrator shall not pay overtime related to work group
participation.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the implementation of this
section.
SEC. 218. AIRSPACE REDESIGN.
(a) Findings.--Congress finds the following:
(1) The airspace redesign efforts of the Federal
Aviation Administration will play a critical near-term
role in enhancing capacity, reducing delays,
transitioning to more flexible routing, and ultimately
saving money in fuel costs for airlines and airspace
users.
(2) The critical importance of airspace redesign
efforts is underscored by the fact that they are
highlighted in strategic plans of the Administration,
including Flight Plan 2009-2013 and the NextGen
Implementation Plan.
(3) Funding cuts have led to delays and deferrals
of critical capacity enhancing airspace redesign
efforts.
(4) New runways planned for the period of fiscal
years 2011 and 2012 will not provide estimated capacity
benefits without additional funds.
(b) Noise Impacts of New York/New Jersey/Philadelphia
Metropolitan Area Airspace Redesign.--
(1) Monitoring.--The Administrator of the Federal
Aviation Administration, in conjunction with the Port
Authority of New York and New Jersey and the
Philadelphia International Airport, shall monitor the
noise impacts of the New York/New Jersey/Philadelphia
Metropolitan Area Airspace Redesign.
(2) Report.--Not later than 1 year following the
first day of completion of the New York/New Jersey/
Philadelphia Metropolitan Area Airspace Redesign, the
Administrator shall submit to Congress a report on the
findings of the Administrator with respect to
monitoring conducted under paragraph (1).
SEC. 219. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB-
BASED RESOURCE ON LOCATIONS OF POTENTIAL AVIATION
OBSTRUCTIONS.
(a) Study.--The Administrator of the Federal Aviation
Administration shall carry out a study on the feasibility of
developing a publicly searchable, Internet Web-based resource
that provides information regarding the height and latitudinal
and longitudinal locations of guy-wire and free-standing tower
obstructions.
(b) Considerations.--In conducting the study, the
Administrator shall consult with affected industries and
appropriate Federal agencies.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit a report
to the appropriate committees of Congress on the results of the
study.
SEC. 220. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
(a) In General.--The Administrator of the Federal Aviation
Administration may enter into an agreement, on a competitive
basis, to assist in the establishment of a center of excellence
for the research and development of NextGen technologies.
(b) Functions.--The Administrator shall ensure that the
center established under subsection (a)--
(1) leverages resources and partnerships, including
appropriate programs of the Administration, to enhance
the research and development of NextGen technologies by
academia and industry; and
(2) provides educational, technical, and analytical
assistance to the Administration and other Federal
departments and agencies with responsibilities to
research and develop NextGen technologies.
SEC. 221. PUBLIC-PRIVATE PARTNERSHIPS.
(a) In General.--The Secretary may establish an avionics
equipage incentive program for the purpose of equipping general
aviation and commercial aircraft with communications,
surveillance, navigation, and other avionics equipment as
determined by the Secretary to be in the interest of achieving
NextGen capabilities for such aircraft.
(b) NextGen Public-private Partnerships.--The incentive
program established under subsection (a) shall, at a minimum--
(1) be based on public-private partnership
principles; and
(2) leverage and maximize the use of private sector
capital.
(c) Financial Instruments.--Subject to the availability of
appropriated funds, the Secretary may use financial instruments
to facilitate public-private financing for the equipage of
general aviation and commercial aircraft registered under
section 44103 of title 49, United States Code. To the extent
appropriations are not made available, the Secretary may
establish the program, provided the costs are covered by the
fees and premiums authorized by subsection (d)(2). For purposes
of this section, the term ``financial instruments'' means loan
guarantees and other credit assistance designed to leverage and
maximize private sector capital.
(d) Protection of the Taxpayer.--
(1) Limitation on principal.--The amount of any
guarantee under this program shall be limited to 90
percent of the principal amount of the underlying loan.
(2) Collateral, fees, and premiums.--The Secretary
shall require applicants for the incentive program to
post collateral and pay such fees and premiums if
feasible, as determined by the Secretary, to offset
costs to the Government of potential defaults, and
agree to performance measures that the Secretary
considers necessary and in the best interest of
implementing the NextGen program.
(3) Use of funds.--Applications for this program
shall be limited to equipment that is installed on
general aviation or commercial aircraft and is
necessary for communications, surveillance, navigation,
or other purposes determined by the Secretary to be in
the interests of achieving NextGen capabilities for
commercial and general aviation.
(e) Termination of Authority.--The authority of the
Secretary to issue such financial instruments under this
section shall terminate 5 years after the date of the
establishment of the incentive program.
SEC. 222. OPERATIONAL INCENTIVES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall issue a report that--
(1) identifies incentive options to encourage the
equipage of aircraft with NextGen technologies,
including a policy that gives priority to aircraft
equipped with ADS-B technology;
(2) identifies the costs and benefits of each
option; and
(3) includes input from industry stakeholders,
including passenger and cargo air carriers, aerospace
manufacturers, and general aviation aircraft operators.
(b) Deadline.--The Administrator shall issue the report
before the earlier of--
(1) the date that is 6 months after the date of
enactment of this Act; or
(2) the date on which aircraft are required to be
equipped with ADS-B technology pursuant to the
rulemaking under section 211(b).
SEC. 223. EDUCATIONAL REQUIREMENTS.
The Administrator of the Federal Aviation Administration
shall make payments to the Department of Defense for the
education of dependent children of those Administration
employees in Puerto Rico and Guam as they are subject to
transfer by policy and practice and meet the eligibility
requirements of section 2164(c) of title 10, United States
Code.
SEC. 224. AIR TRAFFIC CONTROLLER STAFFING INITIATIVES AND ANALYSIS.
As soon as practicable, and not later than 1 year after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall--
(1) ensure, to the extent practicable, a sufficient
number of contract instructors, classroom space
(including off-site locations as needed), and
simulators to allow for an increase in the number of
air traffic controllers at air traffic control
facilities;
(2) distribute, to the extent practicable, the
placement of certified professional air traffic
controllers-in-training and developmental air traffic
controllers at facilities evenly across the calendar
year in order to avoid training bottlenecks;
(3) initiate an analysis, to be conducted in
consultation with the exclusive bargaining
representative of air traffic controllers certified
under section 7111 of title 5, United States Code, of
scheduling processes and practices, including overtime
scheduling practices at those facilities;
(4) provide, to the extent practicable and where
appropriate, priority to certified professional air
traffic controllers-in-training when filling staffing
vacancies at facilities;
(5) assess training programs at air traffic control
facilities with below-average success rates to
determine if training is being carried out in
accordance with Administration standards, and conduct
exit interview analyses with all candidates to
determine potential weaknesses in training protocols,
or in the execution of such training protocols; and
(6) prioritize, to the extent practicable, such
efforts to address the recommendations for the
facilities identified in the Department of
Transportation's Office of the Inspector General Report
Number: AV-2009-047.
SEC. 225. REPORTS ON STATUS OF GREENER SKIES PROJECT.
(a) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to Congress a report on
the strategy of the Administrator for implementing, on an
accelerated basis, the NextGen operational capabilities
produced by the Greener Skies project, as recommended in the
final report of the RTCA NextGen Mid-Term Implementation Task
Force that was issued on September 9, 2009.
(b) Subsequent Reports.--
(1) In general.--Not later than 180 days after the
Administrator submits to Congress the report required
by subsection (a) and annually thereafter until the
pilot program terminates, the Administrator shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and to the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the progress of the
Administrator in carrying out the strategy described in
the report submitted under subsection (a).
(2) Contents.--Each report submitted under
paragraph (1) shall include the following:
(A) A timeline for full implementation of
the strategy described in the report submitted
under subsection (a).
(B) A description of the progress made in
carrying out such strategy.
(C) A description of the challenges, if
any, encountered by the Administrator in
carrying out such strategy.
TITLE III--SAFETY
Subtitle A--General Provisions
SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.
(a) Judicial Review of NTSB Decisions.--Section 44703(d) is
amended by adding at the end the following:
``(3) A person who is substantially affected by an order of
the Board under this subsection, or the Administrator if the
Administrator decides that an order of the Board will have a
significant adverse impact on carrying out this subtitle, may
seek judicial review of the order under section 46110. The
Administrator shall be made a party to the judicial review
proceedings. The findings of fact of the Board in any such case
are conclusive if supported by substantial evidence.''.
(b) Conforming Amendment.--Section 1153(c) is amended by
striking ``section 44709 or'' and inserting ``section 44703(d),
44709, or''.
SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND
SUPPLEMENTAL TYPE CERTIFICATES.
Section 44704(a) is amended by adding at the end the
following:
``(5) Release of data.--
``(A) In general.--Notwithstanding any
other provision of law, the Administrator may
make available upon request, to a person
seeking to maintain the airworthiness or
develop product improvements of an aircraft,
engine, propeller, or appliance, engineering
data in the possession of the Administration
relating to a type certificate or a
supplemental type certificate for such
aircraft, engine, propeller, or appliance,
without the consent of the owner of record, if
the Administrator determines that--
``(i) the certificate containing
the requested data has been inactive
for 3 or more years, except that the
Administrator may reduce this time if
required to address an unsafe condition
associated with the product;
``(ii) after using due diligence,
the Administrator is unable to find the
owner of record, or the owner of
record's heir, of the type certificate
or supplemental type certificate; and
``(iii) making such data available
will enhance aviation safety.
``(B) Engineering data defined.--In this
section, the term `engineering data' as used
with respect to an aircraft, engine, propeller,
or appliance means type design drawing and
specifications for the entire aircraft, engine,
propeller, or appliance or change to the
aircraft, engine, propeller, or appliance,
including the original design data, and any
associated supplier data for individual parts
or components approved as part of the
particular certificate for the aircraft,
engine, propeller, or appliance.
``(C) Requirement to maintain data.--The
Administrator shall maintain engineering data
in the possession of the Administration
relating to a type certificate or a
supplemental type certificate that has been
inactive for 3 or more years.''.
SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.
(a) In General.--Section 44704(e) is amended to read as
follows:
``(e) Design and Production Organization Certificates.--
``(1) Issuance.--Beginning January 1, 2013, the
Administrator may issue a certificate to a design
organization, production organization, or design and
production organization to authorize the organization
to certify compliance of aircraft, aircraft engines,
propellers, and appliances with the requirements and
minimum standards prescribed under section 44701(a). An
organization holding a certificate issued under this
subsection shall be known as a certified design and
production organization (in this subsection referred to
as a `CDPO').
``(2) Applications.--On receiving an application
for a CDPO certificate, the Administrator shall examine
and rate the organization submitting the application,
in accordance with regulations to be prescribed by the
Administrator, to determine whether the organization
has adequate engineering, design, and production
capabilities, standards, and safeguards to make
certifications of compliance as described in paragraph
(1).
``(3) Issuance of certificates based on cdpo
findings.--The Administrator may rely on certifications
of compliance by a CDPO when making determinations
under this section.
``(4) Public safety.--The Administrator shall
include in a CDPO certificate terms required in the
interest of safety.
``(5) No effect on power of revocation.--Nothing in
this subsection affects the authority of the Secretary
of Transportation to revoke a certificate.''.
(b) Applicability.--Before January 1, 2013, the
Administrator of the Federal Aviation Administration may
continue to issue certificates under section 44704(e) of title
49, United States Code, as in effect on the day before the date
of enactment of this Act.
(c) Clerical Amendments.--Chapter 447 is amended--
(1) in the heading for section 44704 by striking
``and design organization certificates'' and inserting
``, and design and production organization
certificates''; and
(2) in the analysis for such chapter by striking
the item relating to section 44704 and inserting the
following:
``44704. Type certificates, production certificates, airworthiness
certificates, and design and production organization
certificates.''.
SEC. 304. CABIN CREW COMMUNICATION.
(a) In General.--Section 44728 is amended--
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the
following:
``(f) Minimum Language Skills.--
``(1) In general.--No person may serve as a flight
attendant aboard an aircraft of an air carrier, unless
that person has demonstrated to an individual qualified
to determine proficiency the ability to read, speak,
and write English well enough to--
``(A) read material written in English and
comprehend the information;
``(B) speak and understand English
sufficiently to provide direction to, and
understand and answer questions from, English-
speaking individuals;
``(C) write incident reports and statements
and log entries and statements; and
``(D) carry out written and oral
instructions regarding the proper performance
of their duties.
``(2) Foreign flights.--The requirements of
paragraph (1) do not apply to a flight attendant
serving solely between points outside the United
States.''.
(b) Facilitation.--The Administrator of the Federal
Aviation Administration shall work with air carriers to
facilitate compliance with the requirements of section 44728(f)
of title 49, United States Code (as amended by this section).
SEC. 305. LINE CHECK EVALUATIONS.
Section 44729(h) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph
(2).
SEC. 306. SAFETY OF AIR AMBULANCE OPERATIONS.
(a) In General.--Chapter 447 is amended by adding at the
end the following:
``Sec. 44730. Helicopter air ambulance operations
``(a) Compliance Regulations.--
``(1) In general.--Except as provided in paragraph
(2), not later than 180 days after the date of
enactment of this section, a part 135 certificate
holder providing air ambulance services shall comply,
whenever medical personnel are onboard the aircraft,
with regulations pertaining to weather minimums and
flight and duty time under part 135.
``(2) Exception.--If a certificate holder described
in paragraph (1) is operating, or carrying out
training, under instrument flight rules, the weather
reporting requirement at the destination shall not
apply if authorized by the Administrator of the Federal
Aviation Administration.
``(b) Final Rule.--Not later than June 1, 2012, the
Administrator shall issue a final rule, with respect to the
notice of proposed rulemaking published in the Federal Register
on October 12, 2010 (75 Fed. Reg. 62640), to improve the safety
of flight crewmembers, medical personnel, and passengers
onboard helicopters providing air ambulance services under part
135.
``(c) Matters To Be Addressed.--In conducting the
rulemaking proceeding under subsection (b), the Administrator
shall address the following:
``(1) Flight request and dispatch procedures,
including performance-based flight dispatch procedures.
``(2) Pilot training standards, including
establishment of training standards in--
``(A) preventing controlled flight into
terrain; and
``(B) recovery from inadvertent flight into
instrument meteorological conditions.
``(3) Safety-enhancing technology and equipment,
including--
``(A) helicopter terrain awareness and
warning systems;
``(B) radar altimeters; and
``(C) devices that perform the function of
flight data recorders and cockpit voice
recorders, to the extent feasible.
``(4) Such other matters as the Administrator
considers appropriate.
``(d) Minimum Requirements.--In issuing a final rule under
subsection (b), the Administrator, at a minimum, shall provide
for the following:
``(1) Flight risk evaluation program.--The
Administrator shall ensure that a part 135 certificate
holder providing helicopter air ambulance services--
``(A) establishes a flight risk evaluation
program, based on FAA Notice 8000.301 issued by
the Administration on August 1, 2005, including
any updates thereto;
``(B) as part of the flight risk evaluation
program, develops a checklist for use by pilots
in determining whether a flight request should
be accepted; and
``(C) requires the pilots of the
certificate holder to use the checklist.
``(2) Operational control center.--The
Administrator shall ensure that a part 135 certificate
holder providing helicopter air ambulance services
using 10 or more helicopters has an operational control
center that meets such requirements as the
Administrator may prescribe.
``(e) Subsequent Rulemaking.--
``(1) In general.--Upon completion of the
rulemaking required under subsection (b), the
Administrator shall conduct a follow-on rulemaking to
address the following:
``(A) Pilot training standards, including--
``(i) mandatory training
requirements, including a minimum time
for completing the training
requirements;
``(ii) training subject areas, such
as communications procedures and
appropriate technology use; and
``(iii) establishment of training
standards in--
``(I) crew resource
management;
``(II) flight risk
evaluation;
``(III) operational control
of the pilot in command; and
``(IV) use of flight
simulation training devices and
line-oriented flight training.
``(B) Use of safety equipment that should
be worn or used by flight crewmembers and
medical personnel on a flight, including the
possible use of shoulder harnesses, helmets,
seatbelts, and fire resistant clothing to
enhance crash survivability.
``(2) Deadlines.--Not later than 180 days after the
date of issuance of a final rule under subsection (b),
the Administrator shall initiate the rulemaking under
this subsection.
``(3) Limitation on construction.--Nothing in this
subsection shall be construed to require the
Administrator to propose or finalize any rule that
would derogate or supersede the rule required to be
finalized under subsection (b).
``(f) Definitions.--In this section, the following
definitions apply:
``(1) Part 135.--The term `part 135' means part 135
of title 14, Code of Federal Regulations.
``(2) Part 135 certificate holder.--The term `part
135 certificate holder' means a person holding an
operating certificate issued under part 119 of title
14, Code of Federal Regulations, that is authorized to
conduct civil helicopter air ambulance operations under
part 135.
``Sec. 44731. Collection of data on helicopter air ambulance operations
``(a) In General.--The Administrator of the Federal
Aviation Administration shall require a part 135 certificate
holder providing helicopter air ambulance services to submit to
the Administrator, not later than 1 year after the date of
enactment of this section, and annually thereafter, a report
containing, at a minimum, the following data:
``(1) The number of helicopters that the
certificate holder uses to provide helicopter air
ambulance services and the base locations of the
helicopters.
``(2) The number of flights and hours flown, by
registration number, during which helicopters operated
by the certificate holder were providing helicopter air
ambulance services.
``(3) The number of flight requests for a
helicopter providing air ambulance services that were
accepted or declined by the certificate holder and the
type of each such flight request (such as scene
response, interfacility transport, organ transport, or
ferry or repositioning flight).
``(4) The number of accidents, if any, involving
helicopters operated by the certificate holder while
providing air ambulance services and a description of
the accidents.
``(5) The number of flights and hours flown under
instrument flight rules by helicopters operated by the
certificate holder while providing air ambulance
services.
``(6) The time of day of each flight flown by
helicopters operated by the certificate holder while
providing air ambulance services.
``(7) The number of incidents, if any, in which a
helicopter was not directly dispatched and arrived to
transport patients but was not utilized for patient
transport.
``(b) Reporting Period.--Data contained in a report
submitted by a part 135 certificate holder under subsection (a)
shall relate to such reporting period as the Administrator
determines appropriate.
``(c) Database.--Not later than 180 days after the date of
enactment of this section, the Administrator shall develop a
method to collect and store the data collected under subsection
(a), including a method to protect the confidentiality of any
trade secret or proprietary information provided in response to
this section.
``(d) Report to Congress.--Not later than 2 years after the
date of enactment of this section, and annually thereafter, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing a summary of the data collected
under subsection (a).
``(e) Definitions.--In this section, the terms `part 135'
and `part 135 certificate holder' have the meanings given such
terms in section 44730.''.
(b) Authorized Expenditures.--Section 106(k)(2)(C) (as
redesignated by this Act) is amended by inserting before the
period the following: ``and the development and maintenance of
helicopter approach procedures''.
(c) Clerical Amendment.--The analysis for chapter 447 is
amended by adding at the end the following:
``44730. Helicopter air ambulance operations.
``44731. Collection of data on helicopter air ambulance operations.''.
SEC. 307. PROHIBITION ON PERSONAL USE OF ELECTRONIC DEVICES ON FLIGHT
DECK.
(a) In General.--Chapter 447 (as amended by this Act) is
further amended by adding at the end the following:
``Sec. 44732. Prohibition on personal use of electronic devices on
flight deck
``(a) In General.--It is unlawful for a flight crewmember
of an aircraft used to provide air transportation under part
121 of title 14, Code of Federal Regulations, to use a personal
wireless communications device or laptop computer while at the
flight crewmember's duty station on the flight deck of such an
aircraft while the aircraft is being operated.
``(b) Exceptions.--Subsection (a) shall not apply to the
use of a personal wireless communications device or laptop
computer for a purpose directly related to operation of the
aircraft, or for emergency, safety-related, or employment-
related communications, in accordance with procedures
established by the air carrier and the Administrator of the
Federal Aviation Administration.
``(c) Enforcement.--In addition to the penalties provided
under section 46301 applicable to any violation of this
section, the Administrator of the Federal Aviation
Administration may enforce compliance with this section under
section 44709 by amending, modifying, suspending, or revoking a
certificate under this chapter.
``(d) Personal Wireless Communications Device Defined.--In
this section, the term `personal wireless communications
device' means a device through which personal wireless services
(as defined in section 332(c)(7)(C)(i) of the Communications
Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted.''.
(b) Penalty.--Section 44711(a) is amended--
(1) by striking ``or'' after the semicolon in
paragraph (8);
(2) by striking ``title.'' in paragraph (9) and
inserting ``title; or''; and
(3) by adding at the end the following:
``(10) violate section 44732 or any regulation
issued thereunder.''.
(c) Conforming Amendment.--The analysis for chapter 447 (as
amended by this Act) is further amended by adding at the end
the following:
``44732. Prohibition on personal use of electronic devices on flight
deck.''.
(d) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking procedure
for regulations to carry out section 44732 of title 49, United
States Code (as added by this section), and shall issue a final
rule thereunder not later than 2 years after the date of
enactment of this Act.
(e) Study.--
(1) In general.--The Administrator of the Federal
Aviation Administration shall review relevant air
carrier data and carry out a study--
(A) to identify common sources of
distraction for the flight crewmembers on the
flight deck of a commercial aircraft; and
(B) to determine the safety impacts of such
distractions.
(2) Report to congress.--Not later than 1 year
after the date of enactment of this Act, the
Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report that contains--
(A) the findings of the study conducted
under paragraph (1); and
(B) recommendations regarding how to reduce
distractions for flight crewmembers on the
flight deck of a commercial aircraft.
SEC. 308. INSPECTION OF REPAIR STATIONS LOCATED OUTSIDE THE UNITED
STATES.
(a) In General.--Chapter 447 (as amended by this Act) is
further amended by adding at the end the following:
``Sec. 44733. Inspection of repair stations located outside the United
States
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Administrator of the Federal
Aviation Administration shall establish and implement a safety
assessment system for all part 145 repair stations based on the
type, scope, and complexity of work being performed. The system
shall--
``(1) ensure that repair stations located outside
the United States are subject to appropriate
inspections based on identified risks and consistent
with existing United States requirements;
``(2) consider inspection results and findings
submitted by foreign civil aviation authorities
operating under a maintenance safety or maintenance
implementation agreement with the United States; and
``(3) require all maintenance safety or maintenance
implementation agreements to provide an opportunity for
the Administration to conduct independent inspections
of covered part 145 repair stations when safety
concerns warrant such inspections.
``(b) Notice to Congress of Negotiations.--The
Administrator shall notify the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives not later than 30 days after initiating formal
negotiations with foreign aviation authorities or other
appropriate foreign government agencies on a new maintenance
safety or maintenance implementation agreement.
``(c) Annual Report.--The Administrator shall publish an
annual report on the Administration's oversight of part 145
repair stations and implementation of the safety assessment
system required under subsection (a). The report shall--
``(1) describe in detail any improvements in the
Administration's ability to identify and track where
part 121 air carrier repair work is performed;
``(2) include a staffing model to determine the
best placement of inspectors and the number of
inspectors needed;
``(3) describe the training provided to inspectors;
and
``(4) include an assessment of the quality of
monitoring and surveillance by the Administration of
work performed by its inspectors and the inspectors of
foreign authorities operating under a maintenance
safety or maintenance implementation agreement.
``(d) Alcohol and Controlled Substances Testing Program
Requirements.--
``(1) In general.--The Secretary of State and the
Secretary of Transportation, acting jointly, shall
request the governments of foreign countries that are
members of the International Civil Aviation
Organization to establish international standards for
alcohol and controlled substances testing of persons
that perform safety-sensitive maintenance functions on
commercial air carrier aircraft.
``(2) Application to part 121 aircraft work.--Not
later than 1 year after the date of enactment of this
section, the Administrator shall promulgate a proposed
rule requiring that all part 145 repair station
employees responsible for safety-sensitive maintenance
functions on part 121 air carrier aircraft are subject
to an alcohol and controlled substances testing program
determined acceptable by the Administrator and
consistent with the applicable laws of the country in
which the repair station is located.
``(e) Annual Inspections.--The Administrator shall ensure
that part 145 repair stations located outside the United States
are inspected annually by Federal Aviation Administration
safety inspectors, without regard to where the station is
located, in a manner consistent with United States obligations
under international agreements. The Administrator may carry out
inspections in addition to the annual inspection required under
this subsection based on identified risks.
``(f) Definitions.--In this section, the following
definitions apply:
``(1) Part 121 air carrier.--The term `part 121 air
carrier' means an air carrier that holds a certificate
issued under part 121 of title 14, Code of Federal
Regulations.
``(2) Part 145 repair station.--The term `part 145
repair station' means a repair station that holds a
certificate issued under part 145 of title 14, Code of
Federal Regulations.''.
(b) Conforming Amendment.--The analysis for chapter 447 (as
amended by this Act) is further amended by adding at the end
the following:
``44733. Inspection of repair stations located outside the United
States.''.
SEC. 309. ENHANCED TRAINING FOR FLIGHT ATTENDANTS.
(a) In General.--Chapter 447 (as amended by this Act) is
further amended by adding at the end the following:
``Sec. 44734. Training of flight attendants
``(a) Training Required.--In addition to other training
required under this chapter, each air carrier shall provide to
flight attendants employed or contracted by such air carrier
initial and annual training regarding--
``(1) serving alcohol to passengers;
``(2) recognizing intoxicated passengers; and
``(3) dealing with disruptive passengers.
``(b) Situational Training.--In carrying out the training
required under subsection (a), each air carrier shall provide
to flight attendants situational training on the proper method
for dealing with intoxicated passengers who act in a
belligerent manner.
``(c) Definitions.--In this section, the following
definitions apply:
``(1) Air carrier.--The term `air carrier' means a
person, including a commercial enterprise, that has
been issued an air carrier operating certificate under
section 44705.
``(2) Flight attendant.--The term `flight
attendant' has the meaning given that term in section
44728(g).''.
(b) Clerical Amendment.--The analysis for chapter 447 (as
amended by this Act) is further amended by adding at the end
the following:
``44734. Training of flight attendants.''.
SEC. 310. LIMITATION ON DISCLOSURE OF SAFETY INFORMATION.
(a) In General.--Chapter 447 (as amended by this Act) is
further amended by adding at the end the following:
``Sec. 44735. Limitation on disclosure of safety information
``(a) In General.--Except as provided by subsection (c), a
report, data, or other information described in subsection (b)
shall not be disclosed to the public by the Administrator of
the Federal Aviation Administration pursuant to section
552(b)(3)(B) of title 5 if the report, data, or other
information is submitted to the Federal Aviation Administration
voluntarily and is not required to be submitted to the
Administrator under any other provision of law.
``(b) Applicability.--The limitation established by
subsection (a) shall apply to the following:
``(1) Reports, data, or other information developed
under the Aviation Safety Action Program.
``(2) Reports, data, or other information produced
or collected under the Flight Operational Quality
Assurance Program.
``(3) Reports, data, or other information developed
under the Line Operations Safety Audit Program.
``(4) Reports, data, or other information produced
or collected for purposes of developing and
implementing a safety management system acceptable to
the Administrator.
``(5) Reports, analyses, and directed studies,
based in whole or in part on reports, data, or other
information described in paragraphs (1) through (4),
including those prepared under the Aviation Safety
Information Analysis and Sharing Program (or any
successor program).
``(c) Exception for De-identified Information.--
``(1) In general.--The limitation established by
subsection (a) shall not apply to a report, data, or
other information if the information contained in the
report, data, or other information has been de-
identified.
``(2) De-identified defined.--In this subsection,
the term `de-identified' means the process by which all
information that is likely to establish the identity of
the specific persons or entities submitting reports,
data, or other information is removed from the reports,
data, or other information.''.
(b) Clerical Amendment.--The analysis for such chapter (as
amended by this Act) is further amended by adding at the end
the following:
``44735. Limitation on disclosure of safety information.''.
(c) Technical Correction.--Section 44703(i)(9)(B)(i) is
amended by striking ``section 552 of title 5'' and inserting
``section 552(b)(3)(B) of title 5''.
SEC. 311. PROHIBITION AGAINST AIMING A LASER POINTER AT AN AIRCRAFT.
(a) Offense.--Chapter 2 of title 18, United States Code, is
amended by inserting after section 39 the following:
``Sec. 39A. Aiming a laser pointer at an aircraft
``(a) Offense.--Whoever knowingly aims the beam of a laser
pointer at an aircraft in the special aircraft jurisdiction of
the United States, or at the flight path of such an aircraft,
shall be fined under this title or imprisoned not more than 5
years, or both.
``(b) Laser Pointer Defined.--As used in this section, the
term `laser pointer' means any device designed or used to
amplify electromagnetic radiation by stimulated emission that
emits a beam designed to be used by the operator as a pointer
or highlighter to indicate, mark, or identify a specific
position, place, item, or object.
``(c) Exceptions.--This section does not prohibit aiming a
beam of a laser pointer at an aircraft, or the flight path of
such an aircraft, by--
``(1) an authorized individual in the conduct of
research and development or flight test operations
conducted by an aircraft manufacturer, the Federal
Aviation Administration, or any other person authorized
by the Federal Aviation Administration to conduct such
research and development or flight test operations;
``(2) members or elements of the Department of
Defense or Department of Homeland Security acting in an
official capacity for the purpose of research,
development, operations, testing, or training; or
``(3) by an individual using a laser emergency
signaling device to send an emergency distress signal.
``(d) Authority To Establish Additional Exceptions by
Regulation.--The Attorney General, in consultation with the
Secretary of Transportation, may provide by regulation, after
public notice and comment, such additional exceptions to this
section as may be necessary and appropriate. The Attorney
General shall provide written notification of any proposed
regulations under this section to the Committees on the
Judiciary of the Senate and the House of Representatives, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives, not less than 90 days before
such regulations become final.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended--
(1) by moving the item relating to section 39 after
the item relating to section 38; and
(2) by inserting after the item relating to section
39 the following:
``39A. Aiming a laser pointer at an aircraft''.
SEC. 312. AIRCRAFT CERTIFICATION PROCESS REVIEW AND REFORM.
(a) In General.--The Administrator of the Federal Aviation
Administration, in consultation with representatives of the
aviation industry, shall conduct an assessment of the
certification and approval process under section 44704 of title
49, United States Code.
(b) Contents.--In conducting the assessment, the
Administrator shall consider--
(1) the expected number of applications for product
certifications and approvals the Administrator will
receive under section 44704 of such title in the 1-
year, 5-year, and 10-year periods following the date of
enactment of this Act;
(2) process reforms and improvements necessary to
allow the Administrator to review and approve the
applications in a fair and timely fashion;
(3) the status of recommendations made in previous
reports on the Administration's certification process;
(4) methods for enhancing the effective use of
delegation systems, including organizational
designation authorization;
(5) methods for training the Administration's field
office employees in the safety management system and
auditing; and
(6) the status of updating airworthiness
requirements, including implementing recommendations in
the Administration's report entitled ``Part 23--Small
Airplane Certification Process Study'' (OK-09-3468,
dated July 2009).
(c) Recommendations.--In conducting the assessment, the
Administrator shall make recommendations to improve efficiency
and reduce costs through streamlining and reengineering the
certification process under section 44704 of such title to
ensure that the Administrator can conduct certifications and
approvals under such section in a manner that supports and
enables the development of new products and technologies and
the global competitiveness of the United States aviation
industry.
(d) Report to Congress.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the assessment, together with an explanation of how
the Administrator will implement recommendations made under
subsection (c) and measure the effectiveness of the
recommendations.
(e) Implementation of Recommendations.--Not later than 1
year after the date of enactment of this Act, the Administrator
shall begin to implement the recommendations made under
subsection (c).
SEC. 313. CONSISTENCY OF REGULATORY INTERPRETATION.
(a) Establishment of Advisory Panel.--Not later than 90
days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration shall establish an
advisory panel comprised of both Government and industry
representatives to--
(1) review the October 2010 report by the
Government Accountability Office on certification and
approval processes (GAO-11-14); and
(2) develop recommendations to address the findings
in the report and other concerns raised by interested
parties, including representatives of the aviation
industry.
(b) Matters To Be Considered.--The advisory panel shall--
(1) determine the root causes of inconsistent
interpretation of regulations by the Administration's
Flight Standards Service and Aircraft Certification
Service;
(2) develop recommendations to improve the
consistency of interpreting regulations by the
Administration's Flight Standards Service and Aircraft
Certification Service; and
(3) develop recommendations to improve
communications between the Administration's Flight
Standards Service and Aircraft Certification Service
and applicants and certificate and approval holders for
the identification and resolution of potentially
adverse issues in an expeditious and fair manner.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall transmit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
findings of the advisory panel, together with an explanation of
how the Administrator will implement the recommendations of the
advisory panel and measure the effectiveness of the
recommendations.
SEC. 314. RUNWAY SAFETY.
(a) Strategic Runway Safety Plan.--
(1) In general.--Not later than 6 months after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall develop and
submit to Congress a report containing a strategic
runway safety plan.
(2) Contents of plan.--The strategic runway safety
plan--
(A) shall include, at a minimum--
(i) goals to improve runway safety;
(ii) near- and long-term actions
designed to reduce the severity,
number, and rate of runway incursions,
losses of standard separation, and
operational errors;
(iii) time frames and resources
needed for the actions described in
clause (ii);
(iv) a continuous evaluative
process to track performance toward the
goals referred to in clause (i); and
(v) a review with respect to runway
safety of every commercial service
airport (as defined in section 47102 of
title 49, United States Code) in the
United States and proposed action to
improve airport lighting, provide
better signs, and improve runway and
taxiway markings at those airports; and
(B) shall address the increased runway
safety risk associated with the expected
increased volume of air traffic.
(b) Process.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall develop a
process for tracking and investigating operational errors,
losses of standard separation, and runway incursions that
includes procedures for--
(1) identifying who is responsible for tracking
operational errors, losses of standard separation, and
runway incursions, including a process for lower level
employees to report to higher supervisory levels and
for frontline managers to receive the information in a
timely manner;
(2) conducting periodic random audits of the
oversight process; and
(3) ensuring proper accountability.
(c) Plan for Installation and Deployment of Systems To
Provide Alerts of Potential Runway Incursions.--Not later than
June 30, 2012, the Administrator shall submit to Congress a
report containing a plan for the installation and deployment of
systems to alert air traffic controllers or flight crewmembers,
or both, of potential runway incursions. The plan shall be
integrated into the annual NextGen Implementation Plan of the
Administration or any successor document.
SEC. 315. FLIGHT STANDARDS EVALUATION PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall modify the Flight Standards
Evaluation Program--
(1) to include periodic and random reviews as part
of the Administration's oversight of air carriers; and
(2) to prohibit an individual from participating in
a review or audit of an office with responsibility for
an air carrier under the program if the individual, at
any time in the 5-year period preceding the date of the
review or audit, had responsibility for inspecting, or
overseeing the inspection of, the operations of that
carrier.
(b) Annual Report to Congress.--Not later than 1 year after
the date of enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the Flight Standards Evaluation
Program, including the Administrator's findings and
recommendations with respect to the program.
(c) Flight Standards Evaluation Program Defined.--In this
section, the term ``Flight Standards Evaluation Program'' means
the program established by the Federal Aviation Administration
in FS 1100.1B CHG3, including any subsequent revisions thereto.
SEC. 316. COCKPIT SMOKE.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the effectiveness of oversight
activities of the Federal Aviation Administration relating to
the use of new technologies to prevent or mitigate the effects
of dense, continuous smoke in the cockpit of a commercial
aircraft.
(b) Report to Congress.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General shall
submit to Congress a report on the results of the study.
SEC. 317. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER OBSERVATION
TECHNOLOGY.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a review of off-airport, low-
altitude aircraft weather observation technologies.
(b) Specific Review.--The review shall include, at a
minimum, an examination of off-airport, low-altitude weather
reporting needs, an assessment of technical alternatives
(including automated weather observation stations), an
investment analysis, and recommendations for improving weather
reporting.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit
to Congress a report containing the results of the review.
SEC. 318. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE NIGHT
VISION GOGGLES.
(a) Study.--The Administrator of the Federal Aviation
Administration shall carry out a study on the feasibility of
requiring pilots of helicopters providing air ambulance
services under part 135 of title 14, Code of Federal
Regulations, to use night vision goggles during nighttime
operations.
(b) Considerations.--In conducting the study, the
Administrator shall consult with owners and operators of
helicopters providing air ambulance services under such part
135 and aviation safety professionals to determine the
benefits, financial considerations, and risks associated with
requiring the use of night vision goggles.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study.
SEC. 319. MAINTENANCE PROVIDERS.
(a) Regulations.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue regulations requiring that
covered work on an aircraft used to provide air transportation
under part 121 of title 14, Code of Federal Regulations, be
performed by persons in accordance with subsection (b).
(b) Persons Authorized To Perform Certain Work.--A person
may perform covered work on aircraft used to provide air
transportation under part 121 of title 14, Code of Federal
Regulations, only if the person is employed by--
(1) a part 121 air carrier;
(2) a part 145 repair station or a person
authorized under section 43.17 of title 14, Code of
Federal Regulations (or any successor regulation); or
(3) subject to subsection (c), a person that--
(A) provides contract maintenance workers,
services, or maintenance functions to a part
121 air carrier or part 145 repair station; and
(B) meets the requirements of the part 121
air carrier or the part 145 repair station, as
appropriate.
(c) Terms and Conditions.--Covered work performed by a
person who is employed by a person described in subsection
(b)(3) shall be subject to the following terms and conditions:
(1) The applicable part 121 air carrier shall be
directly in charge of the covered work being performed.
(2) The covered work shall be carried out in
accordance with the part 121 air carrier's maintenance
manual.
(3) The person shall carry out the covered work
under the supervision and control of the part 121 air
carrier directly in charge of the covered work being
performed on its aircraft.
(d) Definitions.--In this section, the following
definitions apply:
(1) Covered work.--The term ``covered work'' means
any of the following:
(A) Essential maintenance that could result
in a failure, malfunction, or defect
endangering the safe operation of an aircraft
if not performed properly or if improper parts
or materials are used.
(B) Regularly scheduled maintenance.
(C) A required inspection item (as defined
by the Administrator).
(2) Part 121 air carrier.--The term ``part 121 air
carrier'' means an air carrier that holds a certificate
issued under part 121 of title 14, Code of Federal
Regulations.
(3) Part 145 repair station.--The term ``part 145
repair station'' means a repair station that holds a
certificate issued under part 145 of title 14, Code of
Federal Regulations.
(4) Person.--The term ``person'' means an
individual, firm, partnership, corporation, company, or
association that performs maintenance, preventative
maintenance, or alterations.
SEC. 320. STUDY OF AIR QUALITY IN AIRCRAFT CABINS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a study of air quality
in aircraft cabins to--
(1) assess bleed air quality on the full range of
commercial aircraft operating in the United States;
(2) identify oil-based contaminants, hydraulic
fluid toxins, and other air toxins that appear in cabin
air and measure the quantity and prevalence, or
absence, of those toxins through a comprehensive
sampling program;
(3) determine the specific amount and duration of
toxic fumes present in aircraft cabins that constitutes
a health risk to passengers;
(4) develop a systematic reporting standard for
smoke and fume events in aircraft cabins; and
(5) identify the potential health risks to
individuals exposed to toxic fumes during flight.
(b) Authority To Monitor Air in Aircraft Cabins.--For
purposes of conducting the study required by subsection (a),
the Administrator of the Federal Aviation Administration shall
require domestic air carriers to allow air quality monitoring
on their aircraft in a manner that imposes no significant costs
on the air carrier and does not interfere with the normal
operation of the aircraft.
SEC. 321. IMPROVED PILOT LICENSES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall issue improved pilot licenses consistent
with requirements under this section.
(b) Timing.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall--
(1) provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report containing--
(A) a timeline for the phased issuance of
improved pilot licenses under this section that
ensures all pilots are issued such licenses not
later than 2 years after the initial issuance
of such licenses under paragraph (2); and
(B) recommendations for the Federal
installation of infrastructure necessary to
take advantage of information contained on
improved pilot licenses issued under this
section, which identify the necessary
infrastructure, indicate the Federal entity
that should be responsible for installing,
funding, and operating the infrastructure at
airport sterile areas, and provide an estimate
of the costs of the infrastructure; and
(2) begin to issue improved pilot licenses
consistent with the requirements of title 49, United
States Code, and title 14, Code of Federal Regulations.
(c) Requirements.--Improved pilot licenses issued under
this section shall--
(1) be resistant to tampering, alteration, and
counterfeiting;
(2) include a photograph of the individual to whom
the license is issued for identification purposes; and
(3) be smart cards that--
(A) accommodate iris and fingerprint
biometric identifiers; and
(B) are compliant with Federal Information
Processing Standards-201 (FIPS-201) or Personal
Identity Verification-Interoperability
Standards (PIV-I) for processing through
security checkpoints into airport sterile
areas.
(d) Tampering.--To the extent practicable, the
Administrator shall develop methods to determine or reveal
whether any component or security feature of an improved pilot
license issued under this section has been tampered with,
altered, or counterfeited.
(e) Use of Designees.--The Administrator may use designees
to carry out subsection (a) to the extent practicable in order
to minimize the burdens on pilots.
(f) Report to Congress.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the
issuance of improved pilot licenses under this section.
(2) Expiration.--The Administrator shall not be
required to submit annual reports under this subsection
after the date on which the Administrator has issued
improved pilot licenses under this section to all
pilots.
Subtitle B--Unmanned Aircraft Systems
SEC. 331. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Arctic.--The term ``Arctic'' means the United
States zone of the Chukchi Sea, Beaufort Sea, and
Bering Sea north of the Aleutian chain.
(2) Certificate of waiver; certificate of
authorization.--The terms ``certificate of waiver'' and
``certificate of authorization'' mean a Federal
Aviation Administration grant of approval for a
specific flight operation.
(3) Permanent areas.--The term ``permanent areas''
means areas on land or water that provide for launch,
recovery, and operation of small unmanned aircraft.
(4) Public unmanned aircraft system.--The term
``public unmanned aircraft system'' means an unmanned
aircraft system that meets the qualifications and
conditions required for operation of a public aircraft
(as defined in section 40102 of title 49, United States
Code).
(5) Sense and avoid capability.--The term ``sense
and avoid capability'' means the capability of an
unmanned aircraft to remain a safe distance from and to
avoid collisions with other airborne aircraft.
(6) Small unmanned aircraft.--The term ``small
unmanned aircraft'' means an unmanned aircraft weighing
less than 55 pounds.
(7) Test range.--The term ``test range'' means a
defined geographic area where research and development
are conducted.
(8) Unmanned aircraft.--The term ``unmanned
aircraft'' means an aircraft that is operated without
the possibility of direct human intervention from
within or on the aircraft.
(9) Unmanned aircraft system.--The term ``unmanned
aircraft system'' means an unmanned aircraft and
associated elements (including communication links and
the components that control the unmanned aircraft) that
are required for the pilot in command to operate safely
and efficiently in the national airspace system.
SEC. 332. INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS INTO NATIONAL
AIRSPACE SYSTEM.
(a) Required Planning for Integration.--
(1) Comprehensive plan.--Not later than 270 days
after the date of enactment of this Act, the Secretary
of Transportation, in consultation with representatives
of the aviation industry, Federal agencies that employ
unmanned aircraft systems technology in the national
airspace system, and the unmanned aircraft systems
industry, shall develop a comprehensive plan to safely
accelerate the integration of civil unmanned aircraft
systems into the national airspace system.
(2) Contents of plan.--The plan required under
paragraph (1) shall contain, at a minimum,
recommendations or projections on--
(A) the rulemaking to be conducted under
subsection (b), with specific recommendations
on how the rulemaking will--
(i) define the acceptable standards
for operation and certification of
civil unmanned aircraft systems;
(ii) ensure that any civil unmanned
aircraft system includes a sense and
avoid capability; and
(iii) establish standards and
requirements for the operator and pilot
of a civil unmanned aircraft system,
including standards and requirements
for registration and licensing;
(B) the best methods to enhance the
technologies and subsystems necessary to
achieve the safe and routine operation of civil
unmanned aircraft systems in the national
airspace system;
(C) a phased-in approach to the integration
of civil unmanned aircraft systems into the
national airspace system;
(D) a timeline for the phased-in approach
described under subparagraph (C);
(E) creation of a safe
(F) airspace designation for cooperative
manned and unmanned flight operations in the
national airspace system;
(G) establishment of a process to develop
certification, flight standards, and air
traffic requirements for civil unmanned
aircraft systems at test ranges where such
systems are subject to testing;
(H) the best methods to ensure the safe
operation of civil unmanned aircraft systems
and public unmanned aircraft systems
simultaneously in the national airspace system;
and
(I) incorporation of the plan into the
annual NextGen Implementation Plan document (or
any successor document) of the Federal Aviation
Administration.
(3) Deadline.--The plan required under paragraph
(1) shall provide for the safe integration of civil
unmanned aircraft systems into the national airspace
system as soon as practicable, but not later than
September 30, 2015.
(4) Report to congress.--Not later than 1 year
after the date of enactment of this Act, the Secretary
shall submit to Congress a copy of the plan required
under paragraph (1).
(5) Roadmap.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall approve
and make available in print and on the Administration's
Internet Web site a 5-year roadmap for the introduction
of civil unmanned aircraft systems into the national
airspace system, as coordinated by the Unmanned
Aircraft Program Office of the Administration. The
Secretary shall update the roadmap annually.
(b) Rulemaking.--Not later than 18 months after the date on
which the plan required under subsection (a)(1) is submitted to
Congress under subsection (a)(4), the Secretary shall publish
in the Federal Register--
(1) a final rule on small unmanned aircraft systems
that will allow for civil operation of such systems in
the national airspace system, to the extent the systems
do not meet the requirements for expedited operational
authorization under section 333 of this Act;
(2) a notice of proposed rulemaking to implement
the recommendations of the plan required under
subsection (a)(1), with the final rule to be published
not later than 16 months after the date of publication
of the notice; and
(3) an update to the Administration's most recent
policy statement on unmanned aircraft systems,
contained in Docket No. FAA-2006-25714.
(c) Pilot Projects.--
(1) Establishment.--Not later than 180 days after
the date of enactment of this Act, the Administrator
shall establish a program to integrate unmanned
aircraft systems into the national airspace system at 6
test ranges. The program shall terminate 5 years after
the date of enactment of this Act.
(2) Program requirements.--In establishing the
program under paragraph (1), the Administrator shall--
(A) safely designate airspace for
integrated manned and unmanned flight
operations in the national airspace system;
(B) develop certification standards and air
traffic requirements for unmanned flight
operations at test ranges;
(C) coordinate with and leverage the
resources of the National Aeronautics and Space
Administration and the Department of Defense;
(D) address both civil and public unmanned
aircraft systems;
(E) ensure that the program is coordinated
with the Next Generation Air Transportation
System; and
(F) provide for verification of the safety
of unmanned aircraft systems and related
navigation procedures before integration into
the national airspace system.
(3) Test range locations.--In determining the
location of the 6 test ranges of the program under
paragraph (1), the Administrator shall--
(A) take into consideration geographic and
climatic diversity;
(B) take into consideration the location of
ground infrastructure and research needs; and
(C) consult with the National Aeronautics
and Space Administration and the Department of
Defense.
(4) Test range operation.--A project at a test
range shall be operational not later than 180 days
after the date on which the project is established.
(5) Report to congress.--
(A) In general.--Not later than 90 days
after the date of the termination of the
program under paragraph (1), the Administrator
shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on Transportation and
Infrastructure and the Committee on Science,
Space, and Technology of the House of
Representatives a report setting forth the
Administrator's findings and conclusions
concerning the projects.
(B) Additional contents.--The report under
subparagraph (A) shall include a description
and assessment of the progress being made in
establishing special use airspace to fill the
immediate need of the Department of Defense--
(i) to develop detection techniques
for small unmanned aircraft systems;
and
(ii) to validate the sense and
avoid capability and operation of
unmanned aircraft systems.
(d) Expanding Use of Unmanned Aircraft Systems in Arctic.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
develop a plan and initiate a process to work with
relevant Federal agencies and national and
international communities to designate permanent areas
in the Arctic where small unmanned aircraft may operate
24 hours per day for research and commercial purposes.
The plan for operations in these permanent areas shall
include the development of processes to facilitate the
safe operation of unmanned aircraft beyond line of
sight. Such areas shall enable over-water flights from
the surface to at least 2,000 feet in altitude, with
ingress and egress routes from selected coastal launch
sites.
(2) Agreements.--To implement the plan under
paragraph (1), the Secretary may enter into an
agreement with relevant national and international
communities.
(3) Aircraft approval.--Not later than 1 year after
the entry into force of an agreement necessary to
effectuate the purposes of this subsection, the
Secretary shall work with relevant national and
international communities to establish and implement a
process, or may apply an applicable process already
established, for approving the use of unmanned aircraft
in the designated permanent areas in the Arctic without
regard to whether an unmanned aircraft is used as a
public aircraft, a civil aircraft, or a model aircraft.
SEC. 333. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Notwithstanding any other requirement of
this subtitle, and not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
determine if certain unmanned aircraft systems may operate
safely in the national airspace system before completion of the
plan and rulemaking required by section 332 of this Act or the
guidance required by section 334 of this Act.
(b) Assessment of Unmanned Aircraft Systems.--In making the
determination under subsection (a), the Secretary shall
determine, at a minimum--
(1) which types of unmanned aircraft systems, if
any, as a result of their size, weight, speed,
operational capability, proximity to airports and
populated areas, and operation within visual line of
sight do not create a hazard to users of the national
airspace system or the public or pose a threat to
national security; and
(2) whether a certificate of waiver, certificate of
authorization, or airworthiness certification under
section 44704 of title 49, United States Code, is
required for the operation of unmanned aircraft systems
identified under paragraph (1).
(c) Requirements for Safe Operation.--If the Secretary
determines under this section that certain unmanned aircraft
systems may operate safely in the national airspace system, the
Secretary shall establish requirements for the safe operation
of such aircraft systems in the national airspace system.
SEC. 334. PUBLIC UNMANNED AIRCRAFT SYSTEMS.
(a) Guidance.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Transportation shall
issue guidance regarding the operation of public unmanned
aircraft systems to--
(1) expedite the issuance of a certificate of
authorization process;
(2) provide for a collaborative process with public
agencies to allow for an incremental expansion of
access to the national airspace system as technology
matures and the necessary safety analysis and data
become available, and until standards are completed and
technology issues are resolved;
(3) facilitate the capability of public agencies to
develop and use test ranges, subject to operating
restrictions required by the Federal Aviation
Administration, to test and operate unmanned aircraft
systems; and
(4) provide guidance on a public entity's
responsibility when operating an unmanned aircraft
without a civil airworthiness certificate issued by the
Administration.
(b) Standards for Operation and Certification.--Not later
than December 31, 2015, the Administrator shall develop and
implement operational and certification requirements for the
operation of public unmanned aircraft systems in the national
airspace system.
(c) Agreements With Government Agencies.--
(1) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
enter into agreements with appropriate government
agencies to simplify the process for issuing
certificates of waiver or authorization with respect to
applications seeking authorization to operate public
unmanned aircraft systems in the national airspace
system.
(2) Contents.--The agreements shall--
(A) with respect to an application
described in paragraph (1)--
(i) provide for an expedited review
of the application;
(ii) require a decision by the
Administrator on approval or
disapproval within 60 business days of
the date of submission of the
application; and
(iii) allow for an expedited appeal
if the application is disapproved;
(B) allow for a one-time approval of
similar operations carried out during a fixed
period of time; and
(C) allow a government public safety agency
to operate unmanned aircraft weighing 4.4
pounds or less, if operated--
(i) within the line of sight of the
operator;
(ii) less than 400 feet above the
ground;
(iii) during daylight conditions;
(iv) within Class G airspace; and
(v) outside of 5 statute miles from
any airport, heliport, seaplane base,
spaceport, or other location with
aviation activities.
SEC. 335. SAFETY STUDIES.
The Administrator of the Federal Aviation Administration
shall carry out all safety studies necessary to support the
integration of unmanned aircraft systems into the national
airspace system.
SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.
(a) In General.--Notwithstanding any other provision of law
relating to the incorporation of unmanned aircraft systems into
Federal Aviation Administration plans and policies, including
this subtitle, the Administrator of the Federal Aviation
Administration may not promulgate any rule or regulation
regarding a model aircraft, or an aircraft being developed as a
model aircraft, if--
(1) the aircraft is flown strictly for hobby or
recreational use;
(2) the aircraft is operated in accordance with a
community-based set of safety guidelines and within the
programming of a nationwide community-based
organization;
(3) the aircraft is limited to not more than 55
pounds unless otherwise certified through a design,
construction, inspection, flight test, and operational
safety program administered by a community-based
organization;
(4) the aircraft is operated in a manner that does
not interfere with and gives way to any manned
aircraft; and
(5) when flown within 5 miles of an airport, the
operator of the aircraft provides the airport operator
and the airport air traffic control tower (when an air
traffic facility is located at the airport) with prior
notice of the operation (model aircraft operators
flying from a permanent location within 5 miles of an
airport should establish a mutually-agreed upon
operating procedure with the airport operator and the
airport air traffic control tower (when an air traffic
facility is located at the airport)).
(b) Statutory Construction.--Nothing in this section shall
be construed to limit the authority of the Administrator to
pursue enforcement action against persons operating model
aircraft who endanger the safety of the national airspace
system.
(c) Model Aircraft Defined.--In this section, the term
``model aircraft'' means an unmanned aircraft that is--
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person
operating the aircraft; and
(3) flown for hobby or recreational purposes.
Subtitle C--Safety and Protections
SEC. 341. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.
Section 106 (as amended by this Act) is further amended by
adding at the end the following:
``(t) Aviation Safety Whistleblower Investigation Office.--
``(1) Establishment.--There is established in the
Federal Aviation Administration (in this subsection
referred to as the `Agency') an Aviation Safety
Whistleblower Investigation Office (in this subsection
referred to as the `Office').
``(2) Director.--
``(A) Appointment.--The head of the Office
shall be the Director, who shall be appointed
by the Secretary of Transportation.
``(B) Qualifications.--The Director shall
have a demonstrated ability in investigations
and knowledge of or experience in aviation.
``(C) Term.--The Director shall be
appointed for a term of 5 years.
``(D) Vacancies.--Any individual appointed
to fill a vacancy in the position of the
Director occurring before the expiration of the
term for which the individual's predecessor was
appointed shall be appointed for the remainder
of that term.
``(3) Complaints and investigations.--
``(A) Authority of director.--The Director
shall--
``(i) receive complaints and
information submitted by employees of
persons holding certificates issued
under title 14, Code of Federal
Regulations (if the certificate holder
does not have a similar in-house
whistleblower or safety and regulatory
noncompliance reporting process) and
employees of the Agency concerning the
possible existence of an activity
relating to a violation of an order, a
regulation, or any other provision of
Federal law relating to aviation
safety;
``(ii) assess complaints and
information submitted under clause (i)
and determine whether a substantial
likelihood exists that a violation of
an order, a regulation, or any other
provision of Federal law relating to
aviation safety has occurred; and
``(iii) based on findings of the
assessment conducted under clause (ii),
make recommendations to the
Administrator of the Agency, in
writing, regarding further
investigation or corrective actions.
``(B) Disclosure of identities.--The
Director shall not disclose the identity of an
individual who submits a complaint or
information under subparagraph (A)(i) unless--
``(i) the individual consents to
the disclosure in writing; or
``(ii) the Director determines, in
the course of an investigation, that
the disclosure is required by
regulation, statute, or court order, or
is otherwise unavoidable, in which case
the Director shall provide the
individual reasonable advanced notice
of the disclosure.
``(C) Independence of director.--The
Secretary, the Administrator, or any officer or
employee of the Agency may not prevent or
prohibit the Director from initiating, carrying
out, or completing any assessment of a
complaint or information submitted under
subparagraph (A)(i) or from reporting to
Congress on any such assessment.
``(D) Access to information.--In conducting
an assessment of a complaint or information
submitted under subparagraph (A)(i), the
Director shall have access to all records,
reports, audits, reviews, documents, papers,
recommendations, and other material of the
Agency necessary to determine whether a
substantial likelihood exists that a violation
of an order, a regulation, or any other
provision of Federal law relating to aviation
safety may have occurred.
``(4) Responses to recommendations.--Not later than
60 days after the date on which the Administrator
receives a report with respect to an investigation, the
Administrator shall respond to a recommendation made by
the Director under paragraph (3)(A)(iii) in writing and
retain records related to any further investigations or
corrective actions taken in response to the
recommendation.
``(5) Incident reports.--If the Director determines
there is a substantial likelihood that a violation of
an order, a regulation, or any other provision of
Federal law relating to aviation safety has occurred
that requires immediate corrective action, the Director
shall report the potential violation expeditiously to
the Administrator and the Inspector General of the
Department of Transportation.
``(6) Reporting of criminal violations to inspector
general.--If the Director has reasonable grounds to
believe that there has been a violation of Federal
criminal law, the Director shall report the violation
expeditiously to the Inspector General.
``(7) Annual reports to congress.--Not later than
October 1 of each year, the Director shall submit to
Congress a report containing--
``(A) information on the number of
submissions of complaints and information
received by the Director under paragraph
(3)(A)(i) in the preceding 12-month period;
``(B) summaries of those submissions;
``(C) summaries of further investigations
and corrective actions recommended in response
to the submissions; and
``(D) summaries of the responses of the
Administrator to such recommendations.''.
SEC. 342. POSTEMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.
(a) In General.--Section 44711 is amended by adding at the
end the following:
``(d) Postemployment Restrictions for Flight Standards
Inspectors.--
``(1) Prohibition.--A person holding an operating
certificate issued under title 14, Code of Federal
Regulations, may not knowingly employ, or make a
contractual arrangement that permits, an individual to
act as an agent or representative of the certificate
holder in any matter before the Federal Aviation
Administration if the individual, in the preceding 2-
year period--
``(A) served as, or was responsible for
oversight of, a flight standards inspector of
the Administration; and
``(B) had responsibility to inspect, or
oversee inspection of, the operations of the
certificate holder.
``(2) Written and oral communications.--For
purposes of paragraph (1), an individual shall be
considered to be acting as an agent or representative
of a certificate holder in a matter before the
Administration if the individual makes any written or
oral communication on behalf of the certificate holder
to the Administration (or any of its officers or
employees) in connection with a particular matter,
whether or not involving a specific party and without
regard to whether the individual has participated in,
or had responsibility for, the particular matter while
serving as a flight standards inspector of the
Administration.''.
(b) Applicability.--The amendment made by subsection (a)
shall not apply to an individual employed by a certificate
holder as of the date of enactment of this Act.
SEC. 343. REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE.
(a) Reviews.--The Administrator of the Federal Aviation
Administration shall establish a process by which the air
transportation oversight system database of the Administration
is reviewed by regional teams of employees of the
Administration, including at least one employee on each team
representing aviation safety inspectors, on a monthly basis to
ensure that--
(1) any trends in regulatory compliance are
identified; and
(2) appropriate corrective actions are taken in
accordance with Administration regulations, advisory
directives, policies, and procedures.
(b) Monthly Team Reports.--
(1) In general.--A regional team of employees
conducting a monthly review of the air transportation
oversight system database under subsection (a) shall
submit to the Administrator, the Associate
Administrator for Aviation Safety, and the Director of
Flight Standards Service a report each month on the
results of the review.
(2) Contents.--A report submitted under paragraph
(1) shall identify--
(A) any trends in regulatory compliance
discovered by the team of employees in
conducting the monthly review; and
(B) any corrective actions taken or
proposed to be taken in response to the trends.
(c) Biannual Reports to Congress.--The Administrator, on a
biannual basis, shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the reviews of the air
transportation oversight system database conducted under this
section, including copies of reports received under subsection
(b).
SEC. 344. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.
(a) Voluntary Disclosure Reporting Program Defined.--In
this section, the term ``Voluntary Disclosure Reporting
Program'' means the program established by the Federal Aviation
Administration through Advisory Circular 00-58A, dated
September 8, 2006, including any subsequent revisions thereto.
(b) Verification.--The Administrator of the Federal
Aviation Administration shall modify the Voluntary Disclosure
Reporting Program to require inspectors to--
(1) verify that air carriers are implementing
comprehensive solutions to correct the underlying
causes of the violations voluntarily disclosed by such
air carriers; and
(2) confirm, before approving a final report of a
violation, that a violation with the same root causes,
has not been previously discovered by an inspector or
self-disclosed by the air carrier.
(c) Supervisory Review of Voluntary Self-disclosures.--The
Administrator shall establish a process by which voluntary
self-disclosures received from air carriers are reviewed and
approved by a supervisor after the initial review by an
inspector.
(d) Inspector General Study.--
(1) In general.--The Inspector General of the
Department of Transportation shall conduct a study of
the Voluntary Disclosure Reporting Program.
(2) Review.--In conducting the study, the Inspector
General shall examine, at a minimum, if the
Administration--
(A) conducts comprehensive reviews of
voluntary disclosure reports before closing a
voluntary disclosure report under the
provisions of the program;
(B) evaluates the effectiveness of
corrective actions taken by air carriers; and
(C) effectively prevents abuse of the
voluntary disclosure reporting program through
its secondary review of self-disclosures before
they are accepted and closed by the
Administration.
(3) Report to congress.--Not later than 1 year
after the date of enactment of this Act, the Inspector
General shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and
Committee on Commerce, Science, and Transportation of
the Senate a report on the results of the study
conducted under this section.
SEC. 345. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE TO FLIGHT
CREWMEMBERS.
(a) Rulemaking on Applicability of Part 121 Duty Periods
and Flight Time Limitations to Part 91 Operations.--Not later
than 180 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
initiate a rulemaking proceeding, if such a proceeding has not
already been initiated, to require a flight crewmember who is
employed by an air carrier conducting operations under part 121
of title 14, Code of Federal Regulations, and who accepts an
additional assignment for flying under part 91 of such title
from the air carrier or from any other air carrier conducting
operations under part 121 or 135 of such title, to apply the
period of the additional assignment (regardless of whether the
assignment is performed by the flight crewmember before or
after an assignment to fly under part 121 of such title) toward
any limitation applicable to the flight crewmember relating to
duty periods or flight times under part 121 of such title.
(b) Rulemaking on Applicability of Part 135 Duty Periods
and Flight Time Limitations to Part 91 Operations.--Not later
than 1 year after the date of enactment of this Act, the
Administrator shall initiate a rulemaking proceeding to require
a flight crewmember who is employed by an air carrier
conducting operations under part 135 of title 14, Code of
Federal Regulations, and who accepts an additional assignment
for flying under part 91 of such title from the air carrier or
any other air carrier conducting operations under part 121 or
135 of such title, to apply the period of the additional
assignment (regardless of whether the assignment is performed
by the flight crewmember before or after an assignment to fly
under part 135 of such title) toward any limitation applicable
to the flight crewmember relating to duty periods or flight
times under part 135 of such title.
(c) Separate Rulemaking Proceedings Required.--The
rulemaking proceeding required under subsection (b) shall be
separate from the rulemaking proceeding required under
subsection (a).
SEC. 346. CERTAIN EXISTING FLIGHT TIME LIMITATIONS AND REST
REQUIREMENTS.
The Administrator of the Federal Aviation Administration
may not finalize the interpretation proposed in Docket No. FAA-
2010-1259, relating to rest requirements, and published in the
Federal Register on December 23, 2010.
SEC. 347. EMERGENCY LOCATOR TRANSMITTERS ON GENERAL AVIATION AIRCRAFT.
(a) Inspection.--As part of the annual inspection of
general aviation aircraft, the Administrator of the Federal
Aviation Administration shall require a detailed inspection of
each emergency locator transmitter (in this section referred to
as an ``ELT'') installed in general aviation aircraft operating
in the United States to ensure that the ELT is mounted and
retained in accordance with the manufacturer's specifications.
(b) Mounting and Retention.--
(1) In general.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall
determine if the ELT mounting requirements and
retention tests specified by Technical Standard Orders
C91a and C126 are adequate to assess retention
capabilities in ELT designs.
(2) Revision.--Based on the determination under
paragraph (1), the Administrator shall make any
necessary revisions to the requirements and retention
tests referred to in paragraph (1) to ensure that ELTs
are properly retained in the event of an aircraft
accident.
(c) Report.--Upon the completion of any revisions under
subsection (b)(2), the Administrator shall submit a report on
the implementation of this section to--
(1) the Committee on Commerce, Science, and
Transportation of the Senate; and
(2) the Committee on Transportation and
Infrastructure of the House of Representatives.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Passenger Air Service Improvements
SEC. 401. SMOKING PROHIBITION.
(a) In General.--Section 41706 is amended--
(1) in the section heading by striking
``scheduled'' and inserting ``passenger''; and
(2) by striking subsections (a) and (b) and
inserting the following:
``(a) Smoking Prohibition in Interstate and Intrastate Air
Transportation.--An individual may not smoke--
``(1) in an aircraft in scheduled passenger
interstate or intrastate air transportation; or
``(2) in an aircraft in nonscheduled passenger
interstate or intrastate air transportation, if a
flight attendant is a required crewmember on the
aircraft (as determined by the Administrator of the
Federal Aviation Administration).
``(b) Smoking Prohibition in Foreign Air Transportation.--
The Secretary of Transportation shall require all air carriers
and foreign air carriers to prohibit smoking--
``(1) in an aircraft in scheduled passenger foreign
air transportation; and
``(2) in an aircraft in nonscheduled passenger
foreign air transportation, if a flight attendant is a
required crewmember on the aircraft (as determined by
the Administrator or a foreign government).''.
(b) Clerical Amendment.--The analysis for chapter 417 is
amended by striking the item relating to section 41706 and
inserting the following:
``41706. Prohibitions against smoking on passenger flights.''.
SEC. 402. MONTHLY AIR CARRIER REPORTS.
(a) In General.--Section 41708 is amended by adding at the
end the following:
``(c) Diverted and Cancelled Flights.--
``(1) Monthly reports.--The Secretary shall require
an air carrier referred to in paragraph (2) to file
with the Secretary a monthly report on each flight of
the air carrier that is diverted from its scheduled
destination to another airport and each flight of the
air carrier that departs the gate at the airport at
which the flight originates but is cancelled before
wheels-off time.
``(2) Applicability.--An air carrier that is
required to file a monthly airline service quality
performance report pursuant to part 234 of title 14,
Code of Federal Regulations, shall be subject to the
requirement of paragraph (1).
``(3) Contents.--A monthly report filed by an air
carrier under paragraph (1) shall include, at a
minimum, the following information:
``(A) For a diverted flight--
``(i) the flight number of the
diverted flight;
``(ii) the scheduled destination of
the flight;
``(iii) the date and time of the
flight;
``(iv) the airport to which the
flight was diverted;
``(v) wheels-on time at the
diverted airport;
``(vi) the time, if any, passengers
deplaned the aircraft at the diverted
airport; and
``(vii) if the flight arrives at
the scheduled destination airport--
``(I) the gate-departure
time at the diverted airport;
``(II) the wheels-off time
at the diverted airport;
``(III) the wheels-on time
at the scheduled arrival
airport; and
``(IV) the gate-arrival
time at the scheduled arrival
airport.
``(B) For flights cancelled after gate
departure--
``(i) the flight number of the
cancelled flight;
``(ii) the scheduled origin and
destination airports of the cancelled
flight;
``(iii) the date and time of the
cancelled flight;
``(iv) the gate-departure time of
the cancelled flight; and
``(v) the time the aircraft
returned to the gate.
``(4) Publication.--The Secretary shall compile the
information provided in the monthly reports filed
pursuant to paragraph (1) in a single monthly report
and publish such report on the Internet Web site of the
Department of Transportation.''.
(b) Effective Date.--Beginning not later than 90 days after
the date of enactment of this Act, the Secretary of
Transportation shall require monthly reports pursuant to the
amendment made by subsection (a).
SEC. 403. MUSICAL INSTRUMENTS.
(a) In General.--Subchapter I of chapter 417 is amended by
adding at the end the following:
``Sec. 41724. Musical instruments
``(a) In General.--
``(1) Small instruments as carry-on baggage.--An
air carrier providing air transportation shall permit a
passenger to carry a violin, guitar, or other musical
instrument in the aircraft cabin, without charging the
passenger a fee in addition to any standard fee that
carrier may require for comparable carry-on baggage,
if--
``(A) the instrument can be stowed safely
in a suitable baggage compartment in the
aircraft cabin or under a passenger seat, in
accordance with the requirements for carriage
of carry-on baggage or cargo established by the
Administrator; and
``(B) there is space for such stowage at
the time the passenger boards the aircraft.
``(2) Larger instruments as carry-on baggage.--An
air carrier providing air transportation shall permit a
passenger to carry a musical instrument that is too
large to meet the requirements of paragraph (1) in the
aircraft cabin, without charging the passenger a fee in
addition to the cost of the additional ticket described
in subparagraph (E), if--
``(A) the instrument is contained in a case
or covered so as to avoid injury to other
passengers;
``(B) the weight of the instrument,
including the case or covering, does not exceed
165 pounds or the applicable weight
restrictions for the aircraft;
``(C) the instrument can be stowed in
accordance with the requirements for carriage
of carry-on baggage or cargo established by the
Administrator;
``(D) neither the instrument nor the case
contains any object not otherwise permitted to
be carried in an aircraft cabin because of a
law or regulation of the United States; and
``(E) the passenger wishing to carry the
instrument in the aircraft cabin has purchased
an additional seat to accommodate the
instrument.
``(3) Large instruments as checked baggage.--An air
carrier shall transport as baggage a musical instrument
that is the property of a passenger traveling in air
transportation that may not be carried in the aircraft
cabin if--
``(A) the sum of the length, width, and
height measured in inches of the outside linear
dimensions of the instrument (including the
case) does not exceed 150 inches or the
applicable size restrictions for the aircraft;
``(B) the weight of the instrument does not
exceed 165 pounds or the applicable weight
restrictions for the aircraft; and
``(C) the instrument can be stowed in
accordance with the requirements for carriage
of carry-on baggage or cargo established by the
Administrator.
``(b) Regulations.--Not later than 2 years after the date
of enactment of this section, the Secretary shall issue final
regulations to carry out subsection (a).
``(c) Effective Date.--The requirements of this section
shall become effective on the date of issuance of the final
regulations under subsection (b).''.
(b) Conforming Amendment.--The analysis for such subchapter
is amended by adding at the end the following:
``41724. Musical instruments.''.
SEC. 404. EXTENSION OF COMPETITIVE ACCESS REPORTS.
Section 47107(s)(3) is amended to read as follows:
``(3) Sunset provision.--This subsection shall
cease to be effective beginning October 1, 2015.''.
SEC. 405. AIRFARES FOR MEMBERS OF THE ARMED FORCES.
(a) Findings.--Congress finds that--
(1) the Armed Forces is comprised of approximately
1,450,000 members who are stationed on active duty at
more than 6,000 military bases in 146 different
countries;
(2) the United States is indebted to the members of
the Armed Forces, many of whom are in grave danger due
to their engagement in, or exposure to, combat;
(3) military service, especially in the current war
against terrorism, often requires members of the Armed
Forces to be separated from their families on short
notice, for long periods of time, and under very
stressful conditions;
(4) the unique demands of military service often
preclude members of the Armed Forces from purchasing
discounted advance airline tickets in order to visit
their loved ones at home; and
(5) it is the patriotic duty of the people of the
United States to support the members of the Armed
Forces who are defending the Nation's interests around
the world at great personal sacrifice.
(b) Sense of Congress.--It is the sense of Congress that--
(1) all United States commercial air carriers
should seek to lend their support with flexible,
generous policies applicable to members of the Armed
Forces who are traveling on leave or liberty at their
own expense; and
(2) each United States air carrier, for all members
of the Armed Forces who have been granted leave or
liberty and who are traveling by air at their own
expense, should--
(A) seek to provide reduced air fares that
are comparable to the lowest airfare for
ticketed flights and that eliminate to the
maximum extent possible advance purchase
requirements;
(B) seek to eliminate change fees or
charges and any penalties;
(C) seek to eliminate or reduce baggage and
excess weight fees;
(D) offer flexible terms that allow members
to purchase, modify, or cancel tickets without
time restrictions, and to waive fees (including
baggage fees), ancillary costs, or penalties;
and
(E) seek to take proactive measures to
ensure that all airline employees, particularly
those who issue tickets and respond to members
of the Armed Forces and their family members,
are trained in the policies of the airline
aimed at benefitting members of the Armed
Forces who are on leave or liberty.
SEC. 406. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, AND
ASSOCIATED CAUSES.
(a) Review.--The Inspector General of the Department of
Transportation shall conduct a review regarding air carrier
flight delays, cancellations, and associated causes to update
the 2000 report numbered CR-2000-112 and titled ``Audit of Air
Carrier Flight Delays and Cancellations''.
(b) Assessments.--In conducting the review under subsection
(a), the Inspector General shall assess--
(1) the need for an update on delay and
cancellation statistics, including with respect to the
number of chronically delayed flights and taxi-in and
taxi-out times;
(2) air carriers' scheduling practices;
(3) the need for a reexamination of capacity
benchmarks at the Nation's busiest airports;
(4) the impact of flight delays and cancellations
on air travelers, including recommendations for
programs that could be implemented to address the
impact of flight delays on air travelers;
(5) the effect that limited air carrier service
options on routes have on the frequency of delays and
cancellations on such routes;
(6) the effect of the rules and regulations of the
Department of Transportation on the decisions of air
carriers to delay or cancel flights; and
(7) the impact of flight delays and cancellations
on the airline industry.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Inspector General shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the review conducted under this section, including
the assessments described in subsection (b).
SEC. 407. COMPENSATION FOR DELAYED BAGGAGE.
(a) Study.--The Comptroller General of the United States
shall conduct a study to--
(1) examine delays in the delivery of checked
baggage to passengers of air carriers; and
(2) assess the options for and examine the impact
of establishing minimum standards to compensate a
passenger in the case of an unreasonable delay in the
delivery of checked baggage.
(b) Consideration.--In conducting the study, the
Comptroller General shall take into account the additional fees
for checked baggage that are imposed by many air carriers and
how the additional fees should improve an air carrier's baggage
performance.
(c) Report to Congress.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General shall
transmit to Congress a report on the results of the study.
SEC. 408. DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.
The Secretary of Transportation may investigate consumer
complaints regarding--
(1) flight cancellations;
(2) compliance with Federal regulations concerning
overbooking seats on flights;
(3) lost, damaged, or delayed baggage, and
difficulties with related airline claims procedures;
(4) problems in obtaining refunds for unused or
lost tickets or fare adjustments;
(5) incorrect or incomplete information about
fares, discount fare conditions and availability,
overcharges, and fare increases;
(6) the rights of passengers who hold frequent
flyer miles or equivalent redeemable awards earned
through customer-loyalty programs; and
(7) deceptive or misleading advertising.
SEC. 409. STUDY OF OPERATORS REGULATED UNDER PART 135.
(a) Study Required.--The Administrator of the Federal
Aviation Administration, in consultation with interested
parties, shall conduct a study of operators regulated under
part 135 of title 14, Code of Federal Regulations.
(b) Contents.--In conducting the study under subsection
(a), the Administrator shall analyze the part 135 fleet in the
United States, which shall include analysis of--
(1) the size and type of aircraft in the fleet;
(2) the equipment utilized by the fleet;
(3) the hours flown each year by the fleet;
(4) the utilization rates with respect to the
fleet;
(5) the safety record of various categories of use
and aircraft types with respect to the fleet, through a
review of the database of the National Transportation
Safety Board;
(6) the sales revenues of the fleet; and
(7) the number of passengers and airports served by
the fleet.
(c) Report to Congress.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study conducted under subsection (a).
SEC. 410. USE OF CELL PHONES ON PASSENGER AIRCRAFT.
(a) Cell Phone Study.--Not later than 120 days after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall conduct a study on the impact of
the use of cell phones for voice communications in an aircraft
during a flight in scheduled passenger air transportation where
currently permitted by foreign governments in foreign air
transportation.
(b) Contents.--The study shall include--
(1) a review of foreign government and air carrier
policies on the use of cell phones during flight;
(2) a review of the extent to which passengers use
cell phones for voice communications during flight; and
(3) a summary of any impacts of cell phone use
during flight on safety, the quality of the flight
experience of passengers, and flight attendants.
(c) Comment Period.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall publish in
the Federal Register the results of the study and allow 60 days
for public comment.
(d) Cell Phone Report.--Not later than 270 days after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study.
SEC. 411. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER
PROTECTION.
(a) In General.--The Secretary of Transportation shall
establish an advisory committee for aviation consumer
protection to advise the Secretary in carrying out activities
relating to airline customer service improvements.
(b) Membership.--The Secretary shall appoint the members of
the advisory committee, which shall be comprised of one
representative each of--
(1) air carriers;
(2) airport operators;
(3) State or local governments with expertise in
consumer protection matters; and
(4) nonprofit public interest groups with expertise
in consumer protection matters.
(c) Vacancies.--A vacancy in the advisory committee shall
be filled in the manner in which the original appointment was
made.
(d) Travel Expenses.--Members of the advisory committee
shall serve without pay but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(e) Chairperson.--The Secretary shall designate, from among
the individuals appointed under subsection (b), an individual
to serve as chairperson of the advisory committee.
(f) Duties.--The duties of the advisory committee shall
include--
(1) evaluating existing aviation consumer
protection programs and providing recommendations for
the improvement of such programs, if needed; and
(2) providing recommendations for establishing
additional aviation consumer protection programs, if
needed.
(g) Report to Congress.--Not later than February 1 of each
of the first 2 calendar years beginning after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report containing--
(1) the recommendations made by the advisory
committee during the preceding calendar year; and
(2) an explanation of how the Secretary has
implemented each recommendation and, for each
recommendation not implemented, the Secretary's reason
for not implementing the recommendation.
(h) Termination.--The advisory committee established under
this section shall terminate on September 30, 2015.
SEC. 412. DISCLOSURE OF SEAT DIMENSIONS TO FACILITATE THE USE OF CHILD
SAFETY SEATS ON AIRCRAFT.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall initiate a rulemaking to require each air carrier
operating under part 121 of title 14, Code of Federal
Regulations, to post on the Internet Web site of the air
carrier the maximum dimensions of a child safety seat that can
be used on each aircraft operated by the air carrier to enable
passengers to determine which child safety seats can be used on
those aircraft.
SEC. 413. SCHEDULE REDUCTION.
(a) In General.--If the Administrator of the Federal
Aviation Administration determines that--
(1) the aircraft operations of air carriers during
any hour at an airport exceed the hourly maximum
departure and arrival rate established by the
Administrator for such operations; and
(2) the operations in excess of the maximum
departure and arrival rate for such hour at such
airport are likely to have a significant adverse effect
on the safe and efficient use of navigable airspace,
the Administrator shall convene a meeting of such carriers to
reduce pursuant to section 41722 of title 49, United States
Code, on a voluntary basis, the number of such operations so as
not to exceed the maximum departure and arrival rate.
(b) No Agreement.--If the air carriers participating in a
meeting with respect to an airport under subsection (a) are not
able to agree to a reduction in the number of flights to and
from the airport so as not to exceed the maximum departure and
arrival rate, the Administrator shall take such action as is
necessary to ensure such reduction is implemented.
(c) Subsequent Schedule Increases.--Subsequent to any
reduction in operations under subsection (a) or (b) at an
airport, if the Administrator determines that the hourly number
of aircraft operations at that airport is less than the amount
that can be handled safely and efficiently, the Administrator
shall ensure that priority is given to United States air
carriers in permitting additional aircraft operations with
respect to that hour.
SEC. 414. RONALD REAGAN WASHINGTON NATIONAL AIRPORT SLOT EXEMPTIONS.
(a) Increase in Number of Slot Exemptions.--Section 41718
is amended by adding at the end the following:
``(g) Additional Slot Exemptions.--
``(1) Increase in slot exemptions.--Not later than
90 days after the date of enactment of the FAA
Modernization and Reform Act of 2012, the Secretary
shall grant, by order 16 exemptions from--
``(A) the application of sections
49104(a)(5), 49109, and 41714 to air carriers
to operate limited frequencies and aircraft on
routes between Ronald Reagan Washington
National Airport and airports located beyond
the perimeter described in section 49109; and
``(B) the requirements of subparts K and S
of part 93, Code of Federal Regulations.
``(2) New entrants and limited incumbents.--Of the
slot exemptions made available under paragraph (1), the
Secretary shall make 8 available to limited incumbent
air carriers or new entrant air carriers (as such terms
are defined in section 41714(h)). Such exemptions shall
be allocated pursuant to the application process
established by the Secretary under subsection (d). The
Secretary shall consider the extent to which the
exemptions will--
``(A) provide air transportation with
domestic network benefits in areas beyond the
perimeter described in section 49109;
``(B) increase competition in multiple
markets;
``(C) not reduce travel options for
communities served by small hub airports and
medium hub airports within the perimeter
described in section 49109;
``(D) not result in meaningfully increased
travel delays;
``(E) enhance options for nonstop travel to
and from the beyond-perimeter airports that
will be served as a result of those exemptions;
``(F) have a positive impact on the overall
level of competition in the markets that will
be served as a result of those exemptions; or
``(G) produce public benefits, including
the likelihood that the service to airports
located beyond the perimeter described in
section 49109 will result in lower fares,
higher capacity, and a variety of service
options.
``(3) Improved network slots.--Of the slot
exemptions made available under paragraph (1), the
Secretary shall make 8 available to incumbent air
carriers qualifying for status as a non-limited
incumbent carrier at Ronald Reagan Washington National
Airport as of the date of enactment of the FAA
Modernization and Reform Act of 2012. Each such non-
limited incumbent air carrier--
``(A) may operate up to a maximum of 2 of
the newly authorized slot exemptions;
``(B) prior to exercising an exemption made
available under paragraph (1), shall
discontinue the use of a slot for service
between Ronald Reagan Washington National
Airport and a large hub airport within the
perimeter as described in section 49109, and
operate, in place of such service, service
between Ronald Reagan Washington National
Airport and an airport located beyond the
perimeter described in section 49109;
``(C) shall be entitled to return of the
slot by the Secretary if use of the exemption
made available to the carrier under paragraph
(1) is discontinued;
``(D) shall have sole discretion concerning
the use of an exemption made available under
paragraph (1), including the initial or any
subsequent beyond perimeter destinations to be
served; and
``(E) shall file a notice of intent with
the Secretary and subsequent notices of intent,
when appropriate, to inform the Secretary of
any change in circumstances concerning the use
of any exemption made available under paragraph
(1).
``(4) Notices of intent.--Notices of intent under
paragraph (3)(E) shall specify the beyond perimeter
destination to be served and the slots the carrier
shall discontinue using to serve a large hub airport
located within the perimeter.
``(5) Conditions.--Beyond-perimeter flight
operations carried out by an air carrier using an
exemption granted under this subsection shall be
subject to the following conditions:
``(A) An air carrier may not operate a
multi-aisle or widebody aircraft in conducting
such operations.
``(B) An air carrier granted an exemption
under this subsection is prohibited from
transferring the rights to its beyond-perimeter
exemptions pursuant to section 41714(j).
``(h) Scheduling Priority.--In administering this section,
the Secretary shall--
``(1) afford a scheduling priority to operations
conducted by new entrant air carriers and limited
incumbent air carriers over operations conducted by
other air carriers granted additional slot exemptions
under subsection (g) for service to airports located
beyond the perimeter described in section 49109;
``(2) afford a scheduling priority to slot
exemptions currently held by new entrant air carriers
and limited incumbent air carriers for service to
airports located beyond the perimeter described in
section 49109, to the extent necessary to protect
viability of such service; and
``(3) consider applications from foreign air
carriers that are certificated by the government of
Canada if such consideration is required by the
bilateral aviation agreement between the United States
and Canada and so long as the conditions and
limitations under this section apply to such foreign
air carriers.''.
(b) Hourly Limitation.--Section 41718(c)(2) is amended to
read as follows:
``(2) General exemptions.--
``(A) Hourly limitation.--The exemptions
granted--
``(i) under subsections (a) and (b)
and departures authorized under
subsection (g)(2) may not be for
operations between the hours of 10:00
p.m. and 7:00 a.m.; and
``(ii) under subsections (a), (b),
and (g) may not increase the number of
operations at Ronald Reagan Washington
National Airport in any 1-hour period
during the hours between 7:00 a.m. and
9:59 p.m. by more than 5 operations.
``(B) Use of existing slots.--A non-limited
incumbent air carrier utilizing an exemption
authorized under subsection (g)(3) for an
arrival permitted between the hours of 10:01
p.m. and 11:00 p.m. under this section shall
discontinue use of an existing slot during the
same time period the arrival exemption is
operated.''.
(c) Limited Incumbent Definition.--Section 41714(h)(5) is
amended--
(1) in subparagraph (A) by striking ``20'' and
inserting ``40'';
(2) by amending subparagraph (B) to read as
follows:
``(B) for purposes of such sections, the
term `slot' shall not include--
``(i) `slot exemptions';
``(ii) slots operated by an air
carrier under a fee-for-service
arrangement for another air carrier, if
the air carrier operating such slots
does not sell flights in its own name,
and is under common ownership with an
air carrier that seeks to qualify as a
limited incumbent and that sells
flights in its own name; or
``(iii) slots held under a sale and
license-back financing arrangement with
another air carrier, where the slots
are under the marketing control of the
other air carrier; and''.
(d) Transfer of Exemptions.--Section 41714(j) is amended by
striking the period at the end and inserting ``, except through
an air carrier merger or acquisition.''.
(e) Definition of Airport Purposes.--Section 49104(a)(2)(A)
is amended--
(1) in clause (ii) by striking ``or'' at the end;
(2) in clause (iii) by striking the period at the
end and inserting ``; or''; and
(3) by adding at the end the following:
``(iv) a business or activity not
inconsistent with the needs of aviation
that has been approved by the
Secretary.''.
SEC. 415. PASSENGER AIR SERVICE IMPROVEMENTS.
(a) In General.--Subtitle VII is amended by inserting after
chapter 421 the following:
``CHAPTER 423--PASSENGER AIR SERVICE IMPROVEMENTS
``Sec.
``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.
``Sec. 42301. Emergency contingency plans
``(a) Submission of Air Carrier and Airport Plans.--Not
later than 90 days after the date of enactment of this section,
each of the following air carriers and airport operators shall
submit to the Secretary of Transportation for review and
approval an emergency contingency plan in accordance with the
requirements of this section:
``(1) An air carrier providing covered air
transportation at a commercial airport.
``(2) An operator of a commercial airport.
``(3) An operator of an airport used by an air
carrier described in paragraph (1) for diversions.
``(b) Air Carrier Plans.--
``(1) Plans for individual airports.--An air
carrier shall submit an emergency contingency plan
under subsection (a) for--
``(A) each airport at which the carrier
provides covered air transportation; and
``(B) each airport at which the carrier has
flights for which the carrier has primary
responsibility for inventory control.
``(2) Contents.--An emergency contingency plan
submitted by an air carrier for an airport under
subsection (a) shall contain a description of how the
carrier will--
``(A) provide adequate food, potable water,
restroom facilities, comfortable cabin
temperatures, and access to medical treatment
for passengers onboard an aircraft at the
airport when the departure of a flight is
delayed or the disembarkation of passengers is
delayed;
``(B) share facilities and make gates
available at the airport in an emergency; and
``(C) allow passengers to deplane following
an excessive tarmac delay in accordance with
paragraph (3).
``(3) Deplaning following an excessive tarmac
delay.--For purposes of paragraph (2)(C), an emergency
contingency plan submitted by an air carrier under
subsection (a) shall incorporate the following
requirements:
``(A) A passenger shall have the option to
deplane an aircraft and return to the airport
terminal when there is an excessive tarmac
delay.
``(B) The option described in subparagraph
(A) shall be offered to a passenger even if a
flight in covered air transportation is
diverted to a commercial airport other than the
originally scheduled airport.
``(C) Notwithstanding the requirements
described in subparagraphs (A) and (B), a
passenger shall not have an option to deplane
an aircraft and return to the airport terminal
in the case of an excessive tarmac delay if--
``(i) an air traffic controller
with authority over the aircraft
advises the pilot in command that
permitting a passenger to deplane would
significantly disrupt airport
operations; or
``(ii) the pilot in command
determines that permitting a passenger
to deplane would jeopardize passenger
safety or security.
``(c) Airport Plans.--An emergency contingency plan
submitted by an airport operator under subsection (a) shall
contain a description of how the operator, to the maximum
extent practicable, will--
``(1) provide for the deplanement of passengers
following excessive tarmac delays;
``(2) provide for the sharing of facilities and
make gates available at the airport in an emergency;
and
``(3) provide a sterile area following excessive
tarmac delays for passengers who have not yet cleared
United States Customs and Border Protection.
``(d) Updates.--
``(1) Air carriers.--An air carrier shall update
each emergency contingency plan submitted by the
carrier under subsection (a) every 3 years and submit
the update to the Secretary for review and approval.
``(2) Airports.--An airport operator shall update
each emergency contingency plan submitted by the
operator under subsection (a) every 5 years and submit
the update to the Secretary for review and approval.
``(e) Approval.--
``(1) In general.--Not later than 60 days after the
date of the receipt of an emergency contingency plan
submitted under subsection (a) or an update submitted
under subsection (d), the Secretary shall review and
approve or, if necessary, require modifications to the
plan or update to ensure that the plan or update will
effectively address emergencies and provide for the
health and safety of passengers.
``(2) Failure to approve or require
modifications.--If the Secretary fails to approve or
require modifications to a plan or update under
paragraph (1) within the timeframe specified in that
paragraph, the plan or update shall be deemed to be
approved.
``(3) Adherence required.--An air carrier or
airport operator shall adhere to an emergency
contingency plan of the carrier or operator approved
under this section.
``(f) Minimum Standards.--The Secretary shall establish, as
necessary or desirable, minimum standards for elements in an
emergency contingency plan required to be submitted under this
section.
``(g) Public Access.--An air carrier or airport operator
required to submit an emergency contingency plan under this
section shall ensure public access to the plan after its
approval under this section on the Internet Web site of the
carrier or operator or by such other means as determined by the
Secretary.
``(h) Reports.--Not later than 30 days after any flight
experiences an excessive tarmac delay, the air carrier
responsible for such flight shall submit a written description
of the incident and its resolution to the Aviation Consumer
Protection Division of the Department of Transportation.
``(i) Definitions.--In this section, the following
definitions apply:
``(1) Commercial airport.--The term `commercial
airport' means a large hub, medium hub, small hub, or
nonhub airport.
``(2) Covered air transportation.--The term
`covered air transportation' means scheduled or public
charter passenger air transportation provided by an air
carrier that operates an aircraft that as originally
designed has a passenger capacity of 30 or more seats.
``(3) Tarmac delay.--The term `tarmac delay' means
the period during which passengers are on board an
aircraft on the tarmac--
``(A) awaiting takeoff after the aircraft
doors have been closed or after passengers have
been boarded if the passengers have not been
advised they are free to deplane; or
``(B) awaiting deplaning after the aircraft
has landed.
``(4) Excessive tarmac delay.--The term `excessive
tarmac delay' means a tarmac delay that lasts for a
length of time, as determined by the Secretary.
``Sec. 42302. Consumer complaints
``(a) In General.--The Secretary of Transportation shall
establish a consumer complaints toll-free hotline telephone
number for the use of passengers in air transportation and
shall take actions to notify the public of--
``(1) that telephone number; and
``(2) the Internet Web site of the Aviation
Consumer Protection Division of the Department of
Transportation.
``(b) Notice to Passengers on the Internet.--An air carrier
or foreign air carrier providing scheduled air transportation
using any aircraft that as originally designed has a passenger
capacity of 30 or more passenger seats shall include on the
Internet Web site of the carrier--
``(1) the hotline telephone number established
under subsection (a);
``(2) the e-mail address, telephone number, and
mailing address of the air carrier for the submission
of complaints by passengers about air travel service
problems; and
``(3) the Internet Web site and mailing address of
the Aviation Consumer Protection Division of the
Department of Transportation for the submission of
complaints by passengers about air travel service
problems.
``(c) Notice to Passengers on Boarding Documentation.--An
air carrier or foreign air carrier providing scheduled air
transportation using any aircraft that as originally designed
has a passenger capacity of 30 or more passenger seats shall
include the hotline telephone number established under
subsection (a) on--
``(1) prominently displayed signs of the carrier at
the airport ticket counters in the United States where
the air carrier operates; and
``(2) any electronic confirmation of the purchase
of a passenger ticket for air transportation issued by
the air carrier.
``Sec. 42303. Use of insecticides in passenger aircraft
``(a) Information To Be Provided on the Internet.--The
Secretary of Transportation shall establish, and make available
to the general public, an Internet Web site that contains a
listing of countries that may require an air carrier or foreign
air carrier to treat an aircraft passenger cabin with
insecticides prior to a flight in foreign air transportation to
that country or to apply an aerosol insecticide in an aircraft
cabin used for such a flight when the cabin is occupied with
passengers.
``(b) Required Disclosures.--An air carrier, foreign air
carrier, or ticket agent selling, in the United States, a
ticket for a flight in foreign air transportation to a country
listed on the Internet Web site established under subsection
(a) shall refer the purchaser of the ticket to the Internet Web
site established under subsection (a) for additional
information.''.
(b) Penalties.--Section 46301 is amended in subsections
(a)(1)(A) and (c)(1)(A) by inserting ``chapter 423,'' after
``chapter 421,''.
(c) Applicability of Requirements.--Except as otherwise
provided, the requirements of chapter 423 of title 49, United
States Code, as added by this section, shall begin to apply 60
days after the date of enactment of this Act.
(d) Clerical Amendment.--The analysis for subtitle VII is
amended by inserting after the item relating to chapter 421 the
following:
``423. Passenger Air Service Improvements.......................42301''.
Subtitle B--Essential Air Service
SEC. 421. LIMITATION ON ESSENTIAL AIR SERVICE TO LOCATIONS THAT AVERAGE
FEWER THAN 10 ENPLANEMENTS PER DAY.
Section 41731 is amended--
(1) in subsection (a)(1) by amending subparagraph
(B) to read as follows:
``(B) had an average of 10
enplanements per service day or more,
as determined by the Secretary, during
the most recent fiscal year beginning
after September 30, 2012;'';
(2) by amending subsection (c) to read as follows:
``(c) Exception for Locations in Alaska and Hawaii.--
Subparagraphs (B), (C), and (D) of subsection (a)(1) shall not
apply with respect to locations in the State of Alaska or the
State of Hawaii.'';
(3) by amending subsection (d) to read as follows:
``(d) Exceptions for Locations More Than 175 Driving Miles
From the Nearest Large or Medium Hub Airport.--Subsection
(a)(1)(B) shall not apply with respect to locations that are
more than 175 driving miles from the nearest large or medium
hub airport.''; and
(4) by adding at the end the following:
``(e) Waivers.--For fiscal year 2013 and each fiscal year
thereafter, the Secretary may waive, on an annual basis,
subsection (a)(1)(B) with respect to a location if the location
demonstrates to the Secretary's satisfaction that the reason
the location averages fewer than 10 enplanements per day is due
to a temporary decline in enplanements.
``(f) Definition.--For purposes of subsection (a)(1)(B),
the term `enplanements' means the number of passengers
enplaning, at an eligible place, on flights operated by the
subsidized essential air service carrier.''.
SEC. 422. ESSENTIAL AIR SERVICE ELIGIBILITY.
Section 41731(a)(1) is further amended--
(1) in subparagraph (C) by striking the period at
the end and inserting ``; and''; and
(2) by adding at the end the following:
``(D) is a community that, at any time
during the period between September 30, 2010,
and September 30, 2011, inclusive--
``(i) received essential air
service for which compensation was
provided to an air carrier under this
subchapter; or
``(ii) received a 90-day notice of
intent to terminate essential air
service and the Secretary required the
air carrier to continue to provide such
service to the community.''.
SEC. 423. ESSENTIAL AIR SERVICE MARKETING.
Section 41733(c)(1) is amended--
(1) by redesignating subparagraph (E) as
subparagraph (F);
(2) by striking ``and'' at the end of subparagraph
(D); and
(3) by inserting after subparagraph (D) the
following:
``(E) whether the air carrier has included a plan
in its proposal to market its services to the
community; and''.
SEC. 424. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY FOR
SUBSIDIZED ESSENTIAL AIR SERVICE.
Section 41733 is amended by adding at the end the
following:
``(f) Notice to Communities Prior to Termination of
Eligibility.--
``(1) In general.--The Secretary shall notify each
community receiving basic essential air service for
which compensation is being paid under this subchapter
on or before the 45th day before issuing any final
decision to end the payment of such compensation due to
a determination by the Secretary that providing such
service requires a rate of subsidy per passenger in
excess of the subsidy cap.
``(2) Procedures to avoid termination.--The
Secretary shall establish, by order, procedures by
which each community notified of an impending loss of
subsidy under paragraph (1) may work directly with an
air carrier to ensure that the air carrier is able to
submit a proposal to the Secretary to provide essential
air service to such community for an amount of
compensation that would not exceed the subsidy cap.
``(3) Assistance provided.--The Secretary shall
provide, by order, information to each community
notified under paragraph (1) regarding--
``(A) the procedures established pursuant
to paragraph (2); and
``(B) the maximum amount of compensation
that could be provided under this subchapter to
an air carrier serving such community that
would comply with basic essential air service
and the subsidy cap.''.
SEC. 425. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED TO BE
INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE.
Section 41733 is further amended by adding at the end the
following:
``(g) Proposals of State and Local Governments to Restore
Eligibility.--
``(1) In general.--If the Secretary, after the date
of enactment of this subsection, ends payment of
compensation to an air carrier for providing basic
essential air service to an eligible place because the
Secretary has determined that providing such service
requires a rate of subsidy per passenger in excess of
the subsidy cap or that the place is no longer an
eligible place pursuant to section 41731(a)(1)(B), a
State or local government may submit to the Secretary a
proposal for restoring compensation for such service.
Such proposal shall be a joint proposal of the State or
local government and an air carrier.
``(2) Determination by secretary.--The Secretary
shall issue an order restoring the eligibility of the
otherwise eligible place to receive basic essential air
service by an air carrier for compensation under
subsection (c) if--
``(A) a State or local government submits
to the Secretary a proposal under paragraph
(1); and
``(B) the Secretary determines that--
``(i) the rate of subsidy per
passenger under the proposal does not
exceed the subsidy cap;
``(ii) the proposal is likely to
result in an average number of
enplanements per day that will satisfy
the requirement in section
41731(a)(1)(B); and
``(iii) the proposal is consistent
with the legal and regulatory
requirements of the essential air
service program.
``(h) Subsidy Cap Defined.--In this section, the term
`subsidy cap' means the subsidy-per-passenger cap established
by section 332 of the Department of Transportation and Related
Agencies Appropriations Act, 2000 (Public Law 106-69; 113 Stat.
1022).''.
SEC. 426. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED
COSTS.
(a) Emergency Across-the-Board Adjustment.--Subject to the
availability of funds, the Secretary may increase the rates of
compensation payable to air carriers under subchapter II of
chapter 417 of title 49, United States Code, to compensate such
carriers for increased aviation fuel costs without regard to
any agreement or requirement relating to the renegotiation of
contracts or any notice requirement under section 41734 of such
title.
(b) Expedited Process for Adjustments to Individual
Contracts.--
(1) In general.--Section 41734(d) is amended by
striking ``continue to pay'' and all that follows
through ``compensation sufficient--'' and inserting
``provide the carrier with compensation sufficient--''.
(2) Effective date.--The amendment made by
paragraph (1) shall apply to compensation to air
carriers for air service provided after the 30th day
following the date of enactment of this Act.
(c) Subsidy Cap.--Subject to the availability of funds, the
Secretary may waive, on a case-by-case basis, the subsidy-per-
passenger cap established by section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 2000
(Public Law 106-69; 113 Stat. 1022). A waiver issued under this
subsection shall remain in effect for a limited period of time,
as determined by the Secretary.
SEC. 427. ESSENTIAL AIR SERVICE CONTRACT GUIDELINES.
(a) Compensation Guidelines.--Section 41737(a)(1) is
amended--
(1) by striking ``and'' at the end of subparagraph
(B);
(2) in subparagraph (C) by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
``(D) include provisions under which the Secretary
may encourage an air carrier to improve air service for
which compensation is being paid under this subchapter
by incorporating financial incentives in an essential
air service contract based on specified performance
goals, including goals related to improving on-time
performance, reducing the number of flight
cancellations, establishing reasonable fares (including
joint fares beyond the hub airport), establishing
convenient connections to flights providing service
beyond hub airports, and increasing marketing efforts;
and
``(E) include provisions under which the Secretary
may execute a long-term essential air service contract
to encourage an air carrier to provide air service to
an eligible place if it would be in the public interest
to do so.''.
(b) Deadline for Issuance of Revised Guidance.--Not later
than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue revised guidelines
governing the rate of compensation payable under subchapter II
of chapter 417 that incorporate the amendments made by this
section.
(c) Update.--Not later than 2 years after the date of
issuance of revised guidelines pursuant to subsection (b), the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate an update of the extent to which the revised guidelines
have been implemented and the impact, if any, such
implementation has had on air carrier performance and community
satisfaction with air service for which compensation is being
paid under subchapter II of chapter 417.
SEC. 428. ESSENTIAL AIR SERVICE REFORM.
(a) Authorization of Appropriations.--Section 41742(a) is
amended--
(1) in paragraph (1)--
(A) by inserting ``for each fiscal year''
before ``is authorized''; and
(B) by striking ``under this subchapter for
each fiscal year'' and inserting ``under this
subchapter''; and
(2) in paragraph (2) by striking ``and $54,699,454
for the period beginning on October 1, 2011, and ending
on February 17, 2012,'' and inserting ``, $143,000,000
for fiscal year 2012, $118,000,000 for fiscal year
2013, $107,000,000 for fiscal year 2014, and
$93,000,000 for fiscal year 2015''.
(b) Distribution of Additional Funds.--Section 41742(b) is
amended to read as follows:
``(b) Distribution of Additional Funds.--Notwithstanding
any other provision of law, in any fiscal year in which funds
credited to the account established under section 45303,
including the funds derived from fees imposed under the
authority contained in section 45301(a), exceed the $50,000,000
made available under subsection (a)(1), such funds shall be
made available immediately for obligation and expenditure to
carry out the essential air service program under this
subchapter.''.
(c) Availability of Funds.--Section 41742 is amended by
adding at the end the following:
``(c) Availability of Funds.--The funds made available
under this section shall remain available until expended.''.
SEC. 429. SMALL COMMUNITY AIR SERVICE.
(a) Priorities.--Section 41743(c)(5) is amended--
(1) by striking ``and'' at the end of subparagraph
(D);
(2) in subparagraph (E) by striking ``fashion.''
and inserting ``fashion; and''; and
(3) by adding at the end the following:
``(F) multiple communities cooperate to
submit a regional or multistate application to
consolidate air service into one regional
airport.''.
(b) Extension of Authorization.--Section 41743(e)(2) is
amended to read as follows:
``(2) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$6,000,000 for each of fiscal years 2012 through 2015
to carry out this section. Such sums shall remain
available until expended.''.
SEC. 430. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM.
Section 41747, and the item relating to section 41747 in
the analysis for chapter 417, are repealed.
SEC. 431. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE ADJUSTMENT
ELIGIBILITY.
Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by
striking ``February 17, 2012.'' and inserting ``September 30,
2015.''.
TITLE V--ENVIRONMENTAL STREAMLINING
SEC. 501. OVERFLIGHTS OF NATIONAL PARKS.
(a) General Requirements.--Section 40128(a)(1)(C) is
amended by inserting ``or voluntary agreement under subsection
(b)(7)'' before ``for the park''.
(b) Exemption for National Parks With 50 or Fewer Flights
Each Year.--Section 40128(a) is amended by adding at the end
the following:
``(5) Exemption for national parks with 50 or fewer
flights each year.--
``(A) In general.--Notwithstanding
paragraph (1), a national park that has 50 or
fewer commercial air tour operations over the
park each year shall be exempt from the
requirements of this section, except as
provided in subparagraph (B).
``(B) Withdrawal of exemption.--If the
Director determines that an air tour management
plan or voluntary agreement is necessary to
protect park resources and values or park
visitor use and enjoyment, the Director shall
withdraw the exemption of a park under
subparagraph (A).
``(C) List of parks.--
``(i) In general.--The Director and
Administrator shall jointly publish a
list each year of national parks that
are covered by the exemption provided
under this paragraph.
``(ii) Notification of withdrawal
of exemption.--The Director shall
inform the Administrator, in writing,
of each determination to withdraw an
exemption under subparagraph (B).
``(D) Annual report.--A commercial air tour
operator conducting commercial air tour
operations over a national park that is exempt
from the requirements of this section shall
submit to the Administrator and the Director a
report each year that includes the number of
commercial air tour operations the operator
conducted during the preceding 1-year period
over such park.''.
(c) Air Tour Management Plans.--Section 40128(b) is
amended--
(1) in paragraph (1) by adding at the end the
following:
``(C) Exception.--An application to begin
commercial air tour operations at Crater Lake
National Park may be denied without the
establishment of an air tour management plan by
the Director of the National Park Service if
the Director determines that such operations
would adversely affect park resources or
visitor experiences.''; and
(2) by adding at the end the following:
``(7) Voluntary agreements.--
``(A) In general.--As an alternative to an
air tour management plan, the Director and the
Administrator may enter into a voluntary
agreement with a commercial air tour operator
(including a new entrant commercial air tour
operator and an operator that has interim
operating authority) that has applied to
conduct commercial air tour operations over a
national park to manage commercial air tour
operations over such national park.
``(B) Park protection.--A voluntary
agreement under this paragraph with respect to
commercial air tour operations over a national
park shall address the management issues
necessary to protect the resources of such park
and visitor use of such park without
compromising aviation safety or the air traffic
control system and may--
``(i) include provisions such as
those described in subparagraphs (B)
through (E) of paragraph (3);
``(ii) include provisions to ensure
the stability of, and compliance with,
the voluntary agreement; and
``(iii) provide for fees for such
operations.
``(C) Public review.--The Director and the
Administrator shall provide an opportunity for
public review of a proposed voluntary agreement
under this paragraph and shall consult with any
Indian tribe whose tribal lands are, or may be,
flown over by a commercial air tour operator
under a voluntary agreement under this
paragraph. After such opportunity for public
review and consultation, the voluntary
agreement may be implemented without further
administrative or environmental process beyond
that described in this subsection.
``(D) Termination.--
``(i) In general.--A voluntary
agreement under this paragraph may be
terminated at any time at the
discretion of--
``(I) the Director, if the
Director determines that the
agreement is not adequately
protecting park resources or
visitor experiences; or
``(II) the Administrator,
if the Administrator determines
that the agreement is adversely
affecting aviation safety or
the national aviation system.
``(ii) Effect of termination.--If a
voluntary agreement with respect to a
national park is terminated under this
subparagraph, the operators shall
conform to the requirements for interim
operating authority under subsection
(c) until an air tour management plan
for the park is in effect.''.
(d) Interim Operating Authority.--Section 40128(c) is
amended--
(1) by striking paragraph (2)(I) and inserting the
following:
``(I) may allow for modifications of the
interim operating authority without further
environmental review beyond that described in
this subsection, if--
``(i) adequate information
regarding the existing and proposed
operations of the operator under the
interim operating authority is provided
to the Administrator and the Director;
``(ii) the Administrator determines
that there would be no adverse impact
on aviation safety or the air traffic
control system; and
``(iii) the Director agrees with
the modification, based on the
professional expertise of the Director
regarding the protection of the
resources, values, and visitor use and
enjoyment of the park.''; and
(2) in paragraph (3)(A) by striking ``if the
Administrator determines'' and all that follows through
the period at the end and inserting ``without further
environmental process beyond that described in this
paragraph, if--
``(i) adequate information on the
proposed operations of the operator is
provided to the Administrator and the
Director by the operator making the
request;
``(ii) the Administrator agrees
that there would be no adverse impact
on aviation safety or the air traffic
control system; and
``(iii) the Director agrees, based
on the Director's professional
expertise regarding the protection of
park resources and values and visitor
use and enjoyment.''.
(e) Operator Reports.--Section 40128 is amended--
(1) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the
following:
``(d) Commercial Air Tour Operator Reports.--
``(1) Report.--Each commercial air tour operator
conducting a commercial air tour operation over a
national park under interim operating authority granted
under subsection (c) or in accordance with an air tour
management plan or voluntary agreement under subsection
(b) shall submit to the Administrator and the Director
a report regarding the number of commercial air tour
operations over each national park that are conducted
by the operator and such other information as the
Administrator and Director may request in order to
facilitate administering the provisions of this
section.
``(2) Report submission.--Not later than 90 days
after the date of enactment of the FAA Modernization
and Reform Act of 2012, the Administrator and the
Director shall jointly issue an initial request for
reports under this subsection. The reports shall be
submitted to the Administrator and the Director with a
frequency and in a format prescribed by the
Administrator and the Director.''.
SEC. 502. STATE BLOCK GRANT PROGRAM.
(a) General Requirements.--Section 47128(a) is amended--
(1) in the first sentence by striking ``prescribe
regulations'' and inserting ``issue guidance''; and
(2) in the second sentence by striking
``regulations'' and inserting ``guidance''.
(b) Applications and Selection.--Section 47128(b)(4) is
amended by inserting before the semicolon the following: ``,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), State and local environmental policy
acts, Executive orders, agency regulations and guidance, and
other Federal environmental requirements''.
(c) Environmental Analysis and Coordination Requirements.--
Section 47128 is amended by adding at the end the following:
``(d) Environmental Analysis and Coordination
Requirements.--A Federal agency, other than the Federal
Aviation Administration, that is responsible for issuing an
approval, license, or permit to ensure compliance with a
Federal environmental requirement applicable to a project or
activity to be carried out by a State using amounts from a
block grant made under this section shall--
``(1) coordinate and consult with the State;
``(2) use the environmental analysis prepared by
the State for the project or activity if such analysis
is adequate; and
``(3) as necessary, consult with the State to
describe the supplemental analysis the State must
provide to meet applicable Federal requirements.''.
SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.
Section 47173(a) is amended by striking ``services of
consultants in order to'' and all that follows through the
period at the end and inserting ``services of consultants--
``(1) to facilitate the timely processing, review,
and completion of environmental activities associated
with an airport development project;
``(2) to conduct special environmental studies
related to an airport project funded with Federal
funds;
``(3) to conduct special studies or reviews to
support approved noise compatibility measures described
in part 150 of title 14, Code of Federal Regulations;
``(4) to conduct special studies or reviews to
support environmental mitigation in a record of
decision or finding of no significant impact by the
Federal Aviation Administration; and
``(5) to facilitate the timely processing, review,
and completion of environmental activities associated
with new or amended flight procedures, including
performance-based navigation procedures, such as
required navigation performance procedures and area
navigation procedures.''.
SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES.
Section 47504 is amended by adding at the end the
following:
``(e) Grants for Assessment of Flight Procedures.--
``(1) In general.--In accordance with subsection
(c)(1), the Secretary may make a grant to an airport
operator to assist in completing environmental review
and assessment activities for proposals to implement
flight procedures at such airport that have been
approved as part of an airport noise compatibility
program under subsection (b).
``(2) Additional staff.--The Administrator may
accept funds from an airport operator, including funds
provided to the operator under paragraph (1), to hire
additional staff or obtain the services of consultants
in order to facilitate the timely processing, review,
and completion of environmental activities associated
with proposals to implement flight procedures at such
airport that have been approved as part of an airport
noise compatibility program under subsection (b).
``(3) Receipts credited as offsetting
collections.--Notwithstanding section 3302 of title 31,
any funds accepted under this section--
``(A) shall be credited as offsetting
collections to the account that finances the
activities and services for which the funds are
accepted;
``(B) shall be available for expenditure
only to pay the costs of activities and
services for which the funds are accepted; and
``(C) shall remain available until
expended.''.
SEC. 505. DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL PROPERTIES.
Section 47504 (as amended by this Act) is further amended
by adding at the end the following:
``(f) Determination of Fair Market Value of Residential
Properties.--In approving a project to acquire residential real
property using financial assistance made available under this
section or chapter 471, the Secretary shall ensure that the
appraisal of the property to be acquired disregards any
decrease or increase in the fair market value of the real
property caused by the project for which the property is to be
acquired, or by the likelihood that the property would be
acquired for the project, other than that due to physical
deterioration within the reasonable control of the owner.''.
SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 75,000
POUNDS OR LESS NOT COMPLYING WITH STAGE 3 NOISE
LEVELS.
(a) In General.--Subchapter II of chapter 475 is amended by
adding at the end the following:
``Sec. 47534. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise
levels
``(a) Prohibition.--Except as otherwise provided by this
section, after December 31, 2015, a person may not operate a
civil subsonic jet airplane with a maximum weight of 75,000
pounds or less, and for which an airworthiness certificate
(other than an experimental certificate) has been issued, to or
from an airport in the United States unless the Secretary of
Transportation finds that the aircraft complies with stage 3
noise levels.
``(b) Aircraft Operations Outside 48 Contiguous States.--
Subsection (a) shall not apply to aircraft operated only
outside the 48 contiguous States.
``(c) Temporary Operations.--The Secretary may allow
temporary operation of an aircraft otherwise prohibited from
operation under subsection (a) to or from an airport in the
contiguous United States by granting a special flight
authorization for one or more of the following circumstances:
``(1) To sell, lease, or use the aircraft outside
the 48 contiguous States.
``(2) To scrap the aircraft.
``(3) To obtain modifications to the aircraft to
meet stage 3 noise levels.
``(4) To perform scheduled heavy maintenance or
significant modifications on the aircraft at a
maintenance facility located in the contiguous 48
States.
``(5) To deliver the aircraft to an operator
leasing the aircraft from the owner or return the
aircraft to the lessor.
``(6) To prepare, park, or store the aircraft in
anticipation of any of the activities described in
paragraphs (1) through (5).
``(7) To provide transport of persons and goods in
the relief of an emergency situation.
``(8) To divert the aircraft to an alternative
airport in the 48 contiguous States on account of
weather, mechanical, fuel, air traffic control, or
other safety reasons while conducting a flight in order
to perform any of the activities described in
paragraphs (1) through (7).
``(d) Regulations.--The Secretary may prescribe such
regulations or other guidance as may be necessary for the
implementation of this section.
``(e) Statutory Construction.--
``(1) AIP grant assurances.--Noncompliance with
subsection (a) shall not be construed as a violation of
section 47107 or any regulations prescribed thereunder.
``(2) Pending applications.--Nothing in this
section may be construed as interfering with,
nullifying, or otherwise affecting determinations made
by the Federal Aviation Administration, or to be made
by the Administration, with respect to applications
under part 161 of title 14, Code of Federal
Regulations, that were pending on the date of enactment
of this section.''.
(b) Conforming Amendments.--
(1) Penalties.--Section 47531 is amended--
(A) in the section heading by striking
``for violating sections 47528-47530''; and
(B) by striking ``47529, or 47530'' and
inserting ``47529, 47530, or 47534''.
(2) Judicial review.--Section 47532 is amended by
inserting ``or 47534'' after ``47528-47531''.
(3) Analysis.--The analysis for subchapter II of
chapter 475 is amended--
(A) by striking the item relating to
section 47531 and inserting the following:
``47531. Penalties.''; and
(B) by adding at the end the following:
``47534. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise levels.''.
SEC. 507. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall
carry out a pilot program at not more than 5 public-use
airports under which the Federal Aviation Administration shall
use funds made available under section 48101(a) to test air
traffic flow management tools, methodologies, and procedures
that will allow air traffic controllers of the Administration
to better manage the flow of aircraft on the ground and reduce
the length of ground holds and idling time for aircraft.
(b) Selection Criteria.--In selecting from among airports
at which to conduct the pilot program, the Secretary shall give
priority consideration to airports at which improvements in
ground control efficiencies are likely to achieve the greatest
fuel savings or air quality or other environmental benefits, as
measured by the amount of reduced fuel, reduced emissions, or
other environmental benefits per dollar of funds expended under
the pilot program.
(c) Maximum Amount.--Not more than a total of $2,500,000
may be expended under the pilot program at any single public-
use airport.
SEC. 508. HIGH PERFORMANCE, SUSTAINABLE, AND COST-EFFECTIVE AIR TRAFFIC
CONTROL FACILITIES.
The Administrator of the Federal Aviation Administration
may implement, to the extent practicable, sustainable practices
for the incorporation of energy-efficient design, equipment,
systems, and other measures in the construction and major
renovation of air traffic control facilities of the
Administration in order to reduce energy consumption at,
improve the environmental performance of, and reduce the cost
of maintenance for such facilities.
SEC. 509. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the European Union directive extending the
European Union's emissions trading proposal to
international civil aviation without working through
the International Civil Aviation Organization (in this
section referred to as the ``ICAO'') in a consensus-
based fashion is inconsistent with the Convention on
International Civil Aviation, completed in Chicago on
December 7, 1944 (TIAS 1591; commonly known as the
``Chicago Convention''), and other relevant air
services agreements and antithetical to building
international cooperation to address effectively the
problem of greenhouse gas emissions by aircraft engaged
in international civil aviation;
(2) the European Union and its member states should
instead work with other contracting states of ICAO to
develop a consensual approach to addressing aircraft
greenhouse gas emissions through ICAO; and
(3) officials of the United States Government, and
particularly the Secretary of Transportation and the
Administrator of the Federal Aviation Administration,
should use all political, diplomatic, and legal tools
at the disposal of the United States to ensure that the
European Union's emissions trading scheme is not
applied to aircraft registered by the United States or
the operators of those aircraft, including the mandates
that United States carriers provide emissions data to
and purchase emissions allowances from or surrender
emissions allowances to the European Union Member
States.
SEC. 510. AVIATION NOISE COMPLAINTS.
Not later than 90 days after the date of enactment of this
Act, each owner or operator of a large hub airport (as defined
in section 40102(a) of title 49, United States Code) shall
publish on an Internet Web site of the airport a telephone
number to receive aviation noise complaints related to the
airport.
SEC. 511. PILOT PROGRAM FOR ZERO-EMISSION AIRPORT VEHICLES.
(a) In General.--Chapter 471 is amended by inserting after
section 47136 the following:
``Sec. 47136a. Zero-emission airport vehicles and infrastructure
``(a) In General.--The Secretary of Transportation may
establish a pilot program under which the sponsor of a public-
use airport may use funds made available under section 47117 or
section 48103 for use at such airport to carry out activities
associated with the acquisition and operation of zero-emission
vehicles (as defined in section 88.102-94 of title 40, Code of
Federal Regulations), including the construction or
modification of infrastructure to facilitate the delivery of
fuel and services necessary for the use of such vehicles.
``(b) Location in Air Quality Nonattainment Areas.--
``(1) In general.--A public-use airport may be
eligible for participation in the program only if the
airport is located in a nonattainment area (as defined
in section 171 of the Clean Air Act (42 U.S.C. 7501)).
``(2) Shortage of applicants.--If the Secretary
receives an insufficient number of applications from
public-use airports located in such areas, the
Secretary may permit public-use airports that are not
located in such areas to participate in the program.
``(c) Selection Criteria.--In selecting from among
applicants for participation in the program, the Secretary
shall give priority consideration to applicants that will
achieve the greatest air quality benefits measured by the
amount of emissions reduced per dollar of funds expended under
the program.
``(d) Federal Share.--Notwithstanding any other provision
of this subchapter, the Federal share of the costs of a project
carried out under the program shall be 50 percent.
``(e) Technical Assistance.--
``(1) In general.--The sponsor of a public-use
airport carrying out activities funded under the
program may not use more than 10 percent of the amounts
made available under the program in any fiscal year for
technical assistance in carrying out such activities.
``(2) Use of university transportation center.--
Participants in the program may use a university
transportation center receiving grants under section
5506 in the region of the airport to receive the
technical assistance described in paragraph (1).
``(f) Materials Identifying Best Practices.--The Secretary
may develop and make available materials identifying best
practices for carrying out activities funded under the program
based on projects carried out under section 47136 and other
sources.''.
(b) Report on Effectiveness of Program.--Not later than 18
months after the date of enactment of this Act, the Secretary
of Transportation shall submit to the Committee on Science,
Space, and Technology and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing--
(1) an evaluation of the effectiveness of the
program established by section 47136a of title 49,
United States Code (as added by this section);
(2) the performance measures used to measure such
effectiveness, such as the goals for the projects
implemented and the amount of emissions reduction
achieved through these projects;
(3) an assessment of the sufficiency of the data
collected during the program to make a decision on
whether or not to implement the program;
(4) an identification of all public-use airports
that expressed an interest in participating in the
program; and
(5) a description of the mechanisms used by the
Secretary to ensure that the information and expertise
gained by participants in the program is transferred
among the participants and to other interested parties,
including other public-use airports.
(c) Conforming Amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 47136
the following:
``47136a. Zero-emission airport vehicles and infrastructure.''.
(d) Technical Amendment.--Section 47136(f)(2) is amended--
(1) in the paragraph heading by striking ``Eligible
consortium'' and inserting ``University transportation
center''; and
(2) by striking ``an eligible consortium'' and
inserting ``a university transportation center''.
SEC. 512. INCREASING THE ENERGY EFFICIENCY OF AIRPORT POWER SOURCES.
(a) In General.--Chapter 471 is amended by inserting after
section 47140 the following:
``Sec. 47140a. Increasing the energy efficiency of airport power
sources
``(a) In General.--The Secretary of Transportation shall
establish a program under which the Secretary shall encourage
the sponsor of each public-use airport to assess the airport's
energy requirements, including heating and cooling, base load,
back-up power, and power for on-road airport vehicles and
ground support equipment, in order to identify opportunities to
increase energy efficiency at the airport.
``(b) Grants.--
``(1) In general.--The Secretary may make grants
from amounts made available under section 48103 to
assist airport sponsors that have completed the
assessment described in subsection (a) to acquire or
construct equipment, including hydrogen equipment and
related infrastructure, that will increase energy
efficiency at the airport.
``(2) Application.--To be eligible for a grant
under paragraph (1), the sponsor of a public-use
airport shall submit an application to the Secretary at
such time, in such manner, and containing such
information as the Secretary may require.''.
(b) Conforming Amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 47140
the following:
``47140a. Increasing the energy efficiency of airport power sources.''.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.
Section 40122(a) is amended--
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by striking paragraph (2) and inserting the
following:
``(2) Dispute resolution.--
``(A) Mediation.--If the Administrator does
not reach an agreement under paragraph (1) or
the provisions referred to in subsection
(g)(2)(C) with the exclusive bargaining
representative of the employees, the
Administrator and the bargaining
representative--
``(i) shall use the services of the
Federal Mediation and Conciliation
Service to attempt to reach such
agreement in accordance with part 1425
of title 29, Code of Federal
Regulations (as in effect on the date
of enactment of the FAA Modernization
and Reform Act of 2012); or
``(ii) may by mutual agreement
adopt alternative procedures for the
resolution of disputes or impasses
arising in the negotiation of the
collective-bargaining agreement.
``(B) Mid-term bargaining.--If the services
of the Federal Mediation and Conciliation
Service under subparagraph (A)(i) do not lead
to the resolution of issues in controversy
arising from the negotiation of a mid-term
collective-bargaining agreement, the Federal
Service Impasses Panel shall assist the parties
in resolving the impasse in accordance with
section 7119 of title 5.
``(C) Binding arbitration for term
bargaining.--
``(i) Assistance from federal
service impasses panel.--If the
services of the Federal Mediation and
Conciliation Service under subparagraph
(A)(i) do not lead to the resolution of
issues in controversy arising from the
negotiation of a term collective-
bargaining agreement, the Administrator
and the exclusive bargaining
representative of the employees (in
this subparagraph referred to as the
`parties') shall submit their issues in
controversy to the Federal Service
Impasses Panel. The Panel shall assist
the parties in resolving the impasse by
asserting jurisdiction and ordering
binding arbitration by a private
arbitration board consisting of 3
members.
``(ii) Appointment of arbitration
board.--The Executive Director of the
Panel shall provide for the appointment
of the 3 members of a private
arbitration board under clause (i) by
requesting the Director of the Federal
Mediation and Conciliation Service to
prepare a list of not less than 15
names of arbitrators with Federal
sector experience and by providing the
list to the parties. Not later than 10
days after receiving the list, the
parties shall each select one person
from the list. The 2 arbitrators
selected by the parties shall then
select a third person from the list not
later than 7 days after being selected.
If either of the parties fails to
select a person or if the 2 arbitrators
are unable to agree on the third person
in 7 days, the parties shall make the
selection by alternately striking names
on the list until one arbitrator
remains.
``(iii) Framing issues in
controversy.--If the parties do not
agree on the framing of the issues to
be submitted for arbitration, the
arbitration board shall frame the
issues.
``(iv) Hearings.--The arbitration
board shall give the parties a full and
fair hearing, including an opportunity
to present evidence in support of their
claims and an opportunity to present
their case in person, by counsel, or by
other representative as they may elect.
``(v) Decisions.--The arbitration
board shall render its decision within
90 days after the date of its
appointment. Decisions of the
arbitration board shall be conclusive
and binding upon the parties.
``(vi) Matters for consideration.--
The arbitration board shall take into
consideration such factors as--
``(I) the effect of its
arbitration decisions on the
Federal Aviation
Administration's ability to
attract and retain a qualified
workforce;
``(II) the effect of its
arbitration decisions on the
Federal Aviation
Administration's budget; and
``(III) any other factors
whose consideration would
assist the board in fashioning
a fair and equitable award.
``(vii) Costs.--The parties shall
share costs of the arbitration equally.
``(3) Ratification of agreements.--Upon reaching a
voluntary agreement or at the conclusion of the binding
arbitration under paragraph (2)(C), the final
agreement, except for those matters decided by an
arbitration board, shall be subject to ratification by
the exclusive bargaining representative of the
employees, if so requested by the bargaining
representative, and the final agreement shall be
subject to approval by the head of the agency in
accordance with the provisions referred to in
subsection (g)(2)(C).''.
SEC. 602. PRESIDENTIAL RANK AWARD PROGRAM.
Section 40122(g)(2) is amended--
(1) in subparagraph (G) by striking ``and'' after
the semicolon;
(2) in subparagraph (H) by striking ``Board.'' and
inserting ``Board; and''; and
(3) by adding at the end the following:
``(I) subsections (b), (c), and (d) of
section 4507 (relating to Meritorious Executive
or Distinguished Executive rank awards) and
subsections (b) and (c) of section 4507a
(relating to Meritorious Senior Professional or
Distinguished Senior Professional rank awards),
except that--
``(i) for purposes of applying such
provisions to the personnel management
system--
``(I) the term `agency'
means the Department of
Transportation;
``(II) the term `senior
executive' means a Federal
Aviation Administration
executive;
``(III) the term `career
appointee' means a Federal
Aviation Administration career
executive; and
``(IV) the term `senior
career employee' means a
Federal Aviation Administration
career senior professional;
``(ii) receipt by a career
appointee or a senior career employee
of the rank of Meritorious Executive or
Meritorious Senior Professional
entitles the individual to a lump-sum
payment of an amount equal to 20
percent of annual basic pay, which
shall be in addition to the basic pay
paid under the Federal Aviation
Administration Executive Compensation
Plan; and
``(iii) receipt by a career
appointee or a senior career employee
of the rank of Distinguished Executive
or Distinguished Senior Professional
entitles the individual to a lump-sum
payment of an amount equal to 35
percent of annual basic pay, which
shall be in addition to the basic pay
paid under the Federal Aviation
Administration Executive Compensation
Plan.''.
SEC. 603. COLLEGIATE TRAINING INITIATIVE STUDY.
(a) Study.--The Comptroller General of the United States
shall conduct a study on training options for graduates of the
Collegiate Training Initiative program (in this section
referred to as ``CTI'' programs) conducted under section
44506(c) of title 49, United States Code.
(b) Contents.--The study shall analyze the impact of
providing as an alternative to the current training provided at
the Mike Monroney Aeronautical Center of the Federal Aviation
Administration a new air traffic controller orientation session
at such Center for graduates of CTI programs followed by on-
the-job training for such new air traffic controllers who are
graduates of CTI programs and shall include an analysis of--
(1) the cost effectiveness of such an alternative
training approach; and
(2) the effect that such an alternative training
approach would have on the overall quality of training
received by graduates of CTI programs.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
SEC. 604. FRONTLINE MANAGER STAFFING.
(a) Study.--Not later than 45 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall commission an independent study
on frontline manager staffing requirements in air traffic
control facilities.
(b) Considerations.--In conducting the study, the
Administrator may take into consideration--
(1) the managerial tasks expected to be performed
by frontline managers, including employee development,
management, and counseling;
(2) the number of supervisory positions of
operation requiring watch coverage in each air traffic
control facility;
(3) coverage requirements in relation to traffic
demand;
(4) facility type;
(5) complexity of traffic and managerial
responsibilities;
(6) proficiency and training requirements; and
(7) such other factors as the Administrator
considers appropriate.
(c) Participation.--The Administrator shall ensure the
participation of frontline managers who currently work in
safety-related operational areas of the Administration.
(d) Determinations.--The Administrator shall transmit any
determinations made as a result of the study to the heads of
the appropriate lines of business within the Administration,
including the Chief Operating Officer of the Air Traffic
Organization.
(e) Report.--Not later than 9 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of the
study and a description of any determinations submitted to the
Chief Operating Officer under subsection (d).
(f) Definition.--In this section, the term ``frontline
manager'' means first-level, operational supervisors and
managers who work in safety-related operational areas of the
Administration.
SEC. 605. FAA TECHNICAL TRAINING AND STAFFING.
(a) Study.--
(1) In general.--The Administrator of the Federal
Aviation Administration shall conduct a study to assess
the adequacy of the Administrator's technical training
strategy and improvement plan for airway transportation
systems specialists (in this section referred to as
``FAA systems specialists'').
(2) Contents.--The study shall include--
(A) a review of the current technical
training strategy and improvement plan for FAA
systems specialists;
(B) recommendations to improve the
technical training strategy and improvement
plan needed by FAA systems specialists to be
proficient in the maintenance of the latest
technologies;
(C) a description of actions that the
Administration has undertaken to ensure that
FAA systems specialists receive up-to-date
training on the latest technologies; and
(D) a recommendation regarding the most
cost-effective approach to provide training to
FAA systems specialists.
(3) Report.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on the results of the study.
(b) Workload of Systems Specialists.--
(1) Study by national academy of sciences.--Not
later than 90 days after the date of enactment of this
Act, the Administrator of the Federal Aviation
Administration shall make appropriate arrangements for
the National Academy of Sciences to conduct a study of
the assumptions and methods used by the Federal
Aviation Administration to estimate staffing needs for
FAA systems specialists to ensure proper maintenance
and certification of the national airspace system.
(2) Consultation.--In conducting the study, the
National Academy of Sciences shall--
(A) consult with the exclusive bargaining
representative certified under section 7111 of
title 5, United States Code; and
(B) include recommendations for objective
staffing standards that maintain the safety of
the national airspace system.
(3) Report.--Not later than 1 year after the
initiation of the arrangements under paragraph (1), the
National Academy of Sciences shall submit to Congress a
report on the results of the study.
SEC. 606. SAFETY CRITICAL STAFFING.
(a) In General.--Not later than October 1, 2012, the
Administrator of the Federal Aviation Administration shall
implement, in as cost-effective a manner as possible, the
staffing model for aviation safety inspectors developed
pursuant to the National Academy of Sciences study entitled
``Staffing Standards for Aviation Safety Inspectors''. In doing
so, the Administrator shall consult with interested persons,
including the exclusive bargaining representative for aviation
safety inspectors certified under section 7111 of title 5,
United States Code.
(b) Report.--Not later than January 1 of each year
beginning after September 30, 2012, the Administrator shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, the staffing model
described in subsection (a).
SEC. 607. AIR TRAFFIC CONTROL SPECIALIST QUALIFICATION TRAINING.
Section 44506 is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the
following:
``(d) Air Traffic Control Specialist Qualification
Training.--
``(1) Appointment of air traffic control
specialists.--The Administrator is authorized to
appoint a qualified air traffic control specialist
candidate for placement in an airport traffic control
facility if the candidate has--
``(A) received a control tower operator
certification (referred to in this subsection
as a `CTO' certificate); and
``(B) satisfied all other applicable
qualification requirements for an air traffic
control specialist position, including
successful completion of orientation training
at the Federal Aviation Administration Academy.
``(2) Compensation and benefits.--An individual
appointed under paragraph (1) shall receive the same
compensation and benefits, and be treated in the same
manner as, any other individual appointed as a
developmental air traffic controller.
``(3) Report.--Not later than 2 years after the
date of enactment of the FAA Modernization and Reform
Act of 2012, the Administrator shall submit to Congress
a report that evaluates the effectiveness of the air
traffic control specialist qualification training
provided pursuant to this section, including the
graduation rates of candidates who received a CTO
certificate and are working in airport traffic control
facilities.
``(4) Additional appointments.--If the
Administrator determines that air traffic control
specialists appointed pursuant to this subsection are
more successful in carrying out the duties of an air
traffic controller than air traffic control specialists
hired from the general public without any such
certification, the Administrator shall increase, to the
maximum extent practicable, the number of appointments
of candidates who possess such certification.
``(5) Reimbursement for travel expenses associated
with certifications.--
``(A) In general.--Subject to subparagraph
(B), the Administrator may accept reimbursement
from an educational entity that provides
training to an air traffic control specialist
candidate to cover reasonable travel expenses
of the Administrator associated with issuing
certifications to such candidates.
``(B) Treatment of reimbursements.--
Notwithstanding section 3302 of title 31, any
reimbursement authorized to be collected under
subparagraph (A) shall--
``(i) be credited as offsetting
collections to the account that
finances the activities and services
for which the reimbursement is
accepted;
``(ii) be available for expenditure
only to pay the costs of activities and
services for which the reimbursement is
accepted, including all costs
associated with collecting such
reimbursement; and
``(iii) remain available until
expended.''.
SEC. 608. FAA AIR TRAFFIC CONTROLLER STAFFING.
(a) Study by National Academy of Sciences.--Not later than
90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
enter into appropriate arrangements with the National Academy
of Sciences to conduct a study of the air traffic controller
standards used by the Federal Aviation Administration (in this
section referred to as the ``FAA'') to estimate staffing needs
for FAA air traffic controllers to ensure the safe operation of
the national airspace system in the most cost effective manner.
(b) Consultation.--In conducting the study, the National
Academy of Sciences shall consult with the exclusive bargaining
representative of employees of the FAA certified under section
7111 of title 5, United States Code, and other interested
parties, including Government and industry representatives.
(c) Contents.--The study shall include--
(1) an examination of representative information on
productivity, human factors, traffic activity, and
improved technology and equipment used in air traffic
control;
(2) an examination of recent National Academy of
Sciences reviews of the complexity model performed by
MITRE Corporation that support the staffing standards
models for the en route air traffic control
environment; and
(3) consideration of the Administration's current
and estimated budgets and the most cost-effective
staffing model to best leverage available funding.
(d) Report.--Not later than 2 years after the date of
enactment of this Act, the National Academy of Sciences shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study.
SEC. 609. AIR TRAFFIC CONTROLLER TRAINING AND SCHEDULING.
(a) Training Strategy and Improvement Plan.--The
Administrator of the Federal Aviation Administration shall
conduct a study to assess the adequacy of training programs for
air traffic controllers, including the Administrator's
technical training strategy and improvement plan for air
traffic controllers.
(1) Contents.--The study shall include--
(A) a review of the current training system
for air traffic controllers, including the
technical training strategy and improvement
plan;
(B) an analysis of the competencies
required of air traffic controllers for
successful performance in the current and
future projected air traffic control
environment;
(C) an analysis of the competencies
projected to be required of air traffic
controllers as the Federal Aviation
Administration transitions to the Next
Generation Air Transportation System;
(D) an analysis of various training
approaches available to satisfy the air traffic
controller competencies identified under
subparagraphs (B) and (C);
(E) recommendations to improve the current
training system for air traffic controllers,
including the technical training strategy and
improvement plan; and
(F) the most cost-effective approach to
provide training to air traffic controllers.
(2) Report.--Not later than 270 days after the date
of enactment of this Act, the Administrator shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on the results of the study.
(b) Facility Training Program.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall
conduct a comprehensive review and evaluation of its Academy
and facility training efforts. The Administrator shall--
(1) clarify responsibility for oversight and
direction of the Academy's facility training program at
the national level;
(2) communicate information concerning that
responsibility to facility managers; and
(3) establish standards to identify the number of
developmental air traffic controllers that can be
accommodated at each facility, based on--
(A) the number of available on-the-job
training instructors;
(B) available classroom space;
(C) the number of available simulators;
(D) training requirements; and
(E) the number of recently placed new
personnel already in training.
(c) Air Traffic Controller Scheduling.--Not later than 60
days after the date of enactment of this Act, the Inspector
General of the Department of Transportation shall conduct an
assessment of the Federal Aviation Administration's air traffic
controller scheduling practices.
(1) Contents.--The assessment shall include, at a
minimum--
(A) an analysis of how air traffic
controller schedules are determined;
(B) an evaluation of how safety is taken
into consideration when schedules are being
developed and adopted;
(C) an evaluation of scheduling practices
that are cost effective to the Government;
(D) an examination of how scheduling
practices impact air traffic controller
performance; and
(E) any recommendations the Inspector
General may have related to air traffic
controller scheduling practices.
(2) Report.--Not later than 120 days after the date
of enactment of this Act, the Inspector General shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on the results of the assessment
conducted under this subsection.
SEC. 610. FAA FACILITY CONDITIONS.
(a) Study.--The Comptroller General of the United States
shall conduct a study of and review--
(1) the conditions of a sampling of Federal
Aviation Administration facilities across the United
States, including offices, towers, centers, and
terminal radar air control;
(2) reports from employees of the Administration
relating to respiratory ailments and other health
conditions resulting from exposure to mold, asbestos,
poor air quality, radiation, and facility-related
hazards in facilities of the Administration;
(3) conditions of such facilities that could
interfere with such employees' ability to effectively
and safely perform their duties;
(4) the ability of managers and supervisors of such
employees to promptly document and seek remediation for
unsafe facility conditions;
(5) whether employees of the Administration who
report facility-related illnesses are treated
appropriately;
(6) utilization of scientifically approved
remediation techniques to mitigate hazardous conditions
in accordance with applicable State and local
regulations and Occupational Safety and Health
Administration practices by the Administration; and
(7) resources allocated to facility maintenance and
renovation by the Administration.
(b) Facility Condition Indices.--The Comptroller General
shall review the facility condition indices of the
Administration for inclusion in the recommendations under
subsection (c).
(c) Recommendations.--Based on the results of the study and
review of facility condition indices under subsection (a), the
Comptroller General shall make such recommendations as the
Comptroller General considers necessary--
(1) to prioritize those facilities needing the most
immediate attention based on risks to employee health
and safety;
(2) to ensure that the Administration is using
scientifically approved remediation techniques in all
facilities; and
(3) to assist the Administration in making
programmatic changes so that aging facilities do not
deteriorate to unsafe levels.
(d) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the Administrator, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on results of the study, including the
recommendations under subsection (c).
SEC. 611. TECHNICAL CORRECTION.
Section 40122(g)(3) is amended by adding at the end the
following: ``Notwithstanding any other provision of law,
retroactive to April 1, 1996, the Board shall have the same
remedial authority over such employee appeals that it had as of
March 31, 1996.''.
TITLE VII--AVIATION INSURANCE
SEC. 701. GENERAL AUTHORITY.
Section 44302(f)(1) is amended by striking ``shall extend
through'' and all that follows through ``the termination date''
and inserting ``shall extend through September 30, 2013, and
may extend through December 31, 2013, the termination date''.
SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD-PARTY LIABILITY OF AIR
CARRIERS ARISING OUT OF ACTS OF TERRORISM.
The first sentence of section 44303(b) is amended by
striking ``ending on'' and all that follows through ``the
Secretary may certify'' and inserting ``ending on December 31,
2013, the Secretary may certify''.
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.
The second sentence of section 44304 is amended by striking
``the carrier'' and inserting ``any insurance carrier''.
SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.
The second sentence of section 44308(c)(1) is amended by
striking ``agent'' and inserting ``agent, or a claims adjuster
who is independent of the underwriting agent,''.
TITLE VIII--MISCELLANEOUS
SEC. 801. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST OF
NATIONAL SECURITY.
Section 40119(b) is amended by adding at the end the
following:
``(4) Section 552a of title 5 shall not apply to
disclosures that the Administrator may make from the systems of
records of the Administration to any Federal law enforcement,
intelligence, protective service, immigration, or national
security official in order to assist the official receiving the
information in the performance of official duties.''.
SEC. 802. FAA AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD CHECKS.
(a) In General.--Chapter 401 is amended by adding at the
end the following:
``Sec. 40130. FAA authority to conduct criminal history record checks
``(a) Criminal History Background Checks.--
``(1) Access to information.--The Administrator of
the Federal Aviation Administration, for certification
purposes of the Administration only, is authorized--
``(A) to conduct, in accordance with the
established request process, a criminal history
background check of an airman in the criminal
repositories of the Federal Bureau of
Investigation and States by submitting positive
identification of the airman to a fingerprint-
based repository in compliance with section 217
of the National Crime Prevention and Privacy
Compact Act of 1998 (42 U.S.C. 14616); and
``(B) to receive relevant criminal history
record information regarding the airman
checked.
``(2) Release of information.--In accessing a
repository referred to in paragraph (1), the
Administrator shall be subject to the conditions and
procedures established by the Department of Justice or
the State, as appropriate, for other governmental
agencies conducting background checks for noncriminal
justice purposes.
``(3) Limitation.--The Administrator may not use
the authority under paragraph (1) to conduct criminal
investigations.
``(4) Reimbursement.--The Administrator may collect
reimbursement to process the fingerprint-based checks
under this subsection, to be used for expenses
incurred, including Federal Bureau of Investigation
fees, in providing these services.
``(b) Designated Employees.--The Administrator shall
designate, by order, employees of the Administration who may
carry out the authority described in subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 401 is
amended by adding at the end the following:
``40130. FAA authority to conduct criminal history record checks.''.
SEC. 803. CIVIL PENALTIES TECHNICAL AMENDMENTS.
Section 46301 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(A) by inserting ``chapter
451,'' before ``section 47107(b)'';
(2) in subsection (a)(5)(A)(i)--
(A) by striking ``or chapter 449'' and
inserting ``chapter 449''; and
(B) by inserting after ``44909)'' the
following: ``, or chapter 451'';
(3) in subsection (d)(2)--
(A) in the first sentence--
(i) by striking ``44723) or'' and
inserting the following: ``44723),
chapter 451,'';
(ii) by striking ``46302'' and
inserting ``section 46302''; and
(iii) by striking ``46318, or
47107(b)'' and inserting ``section
46318, section 46319, or section
47107(b)''; and
(B) in the second sentence--
(i) by striking ``46302'' and
inserting ``section 46302'';
(ii) by striking ``46303,'' and
inserting ``or section 46303 of this
title''; and
(iii) by striking ``such chapter
449'' and inserting ``any of those
provisions''; and
(4) in subsection (f)(1)(A)(i)--
(A) by striking ``or chapter 449'' and
inserting ``chapter 449''; and
(B) by inserting after ``44909)'' the
following: ``, or chapter 451''.
SEC. 804. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND FACILITIES.
(a) National Facilities Realignment and Consolidation
Report.--
(1) In general.--The Administrator of the Federal
Aviation Administration shall develop a report, to be
known as the National Facilities Realignment and
Consolidation Report, in accordance with the
requirements of this subsection.
(2) Purpose.--The purpose of the report shall be--
(A) to support the transition to the Next
Generation Air Transportation System; and
(B) to reduce capital, operating,
maintenance, and administrative costs of the
FAA where such cost reductions can be
implemented without adversely affecting safety.
(3) Contents.--The report shall include--
(A) recommendations of the Administrator on
realignment and consolidation of services and
facilities (including regional offices) of the
FAA; and
(B) for each of the recommendations, a
description of--
(i) the Administrator's
justification;
(ii) the projected costs and
savings; and
(iii) the proposed timing for
implementation.
(4) Input.--The report shall be developed by the
Administrator (or the Administrator's designee)--
(A) in coordination with the Chief NextGen
Officer and the Chief Operating Officer of the
Air Traffic Organization of the FAA; and
(B) with the participation of--
(i) representatives of labor
organizations representing operations
and maintenance employees of the air
traffic control system; and
(ii) industry stakeholders.
(5) Submission to congress.--Not later than 120
days after the date of enactment of this Act, the
Administrator shall submit the report to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(6) Public notice and comment.--The Administrator
shall publish the report in the Federal Register and
allow 45 days for the submission of public comments.
(b) Report to Congress Containing Recommendations of
Administrator.--Not later than 60 days after the last day of
the period for public comment under subsection (a)(6), the
Administrator shall submit to the committees specified in
subsection (a)(5)--
(1) a report containing the recommendations of the
Administrator on realignment and consolidation of
services and facilities (including regional offices) of
the FAA; and
(2) copies of any public comments received by the
Administrator under subsection (a)(6).
(c) Realignment and Consolidation of FAA Services and
Facilities.--Except as provided in subsection (d), the
Administrator shall realign and consolidate the services and
facilities of the FAA in accordance with the recommendations
included in the report submitted under subsection (b).
(d) Congressional Disapproval.--
(1) In general.--The Administrator may not carry
out a recommendation for realignment or consolidation
of services or facilities of the FAA that is included
in the report submitted under subsection (b) if a joint
resolution of disapproval is enacted disapproving such
recommendation before the earlier of--
(A) the last day of the 30-day period
beginning on the date of submission of the
report; or
(B) the adjournment of Congress sine die
for the session during which the report is
transmitted.
(2) Computation of 30-day period.--For purposes of
paragraph (1)(A), the days on which either house of
Congress is not in session because of an adjournment of
more than 3 days to a day certain shall be excluded in
computation of the 30-day period.
(e) Definitions.--In this section, the following
definitions apply:
(1) FAA.--The term ``FAA'' means the Federal
Aviation Administration.
(2) Realignment; consolidation.--
(A) In general.--The terms ``realignment''
and ``consolidation'' include any action that--
(i) relocates functions, services,
or personnel positions;
(ii) discontinues or severs
existing facility functions or
services; or
(iii) combines the results
described in clauses (i) and (ii).
(B) Exclusion.--The terms do not include a
reduction in personnel resulting from workload
adjustments.
SEC. 805. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO AIRCRAFT.
(a) Study.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, in consultation with appropriate air
carriers, aircraft manufacturers, and air carrier labor
representatives, shall conduct a study to assess the
feasibility of developing a physical means, or a combination of
physical and procedural means, to prohibit individuals other
than authorized flight crewmembers from accessing the flight
deck of an all-cargo aircraft.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
SEC. 806. CONSOLIDATION OR ELIMINATION OF OBSOLETE, REDUNDANT, OR
OTHERWISE UNNECESSARY REPORTS; USE OF ELECTRONIC
MEDIA FORMAT.
(a) Consolidation or Elimination of Reports.--Not later
than 2 years after the date of enactment of this Act, and every
2 years thereafter, the Administrator of the Federal Aviation
Administration shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing--
(1) a list of obsolete, redundant, or otherwise
unnecessary reports the Administration is required by
law to submit to Congress or publish that the
Administrator recommends eliminating or consolidating
with other reports; and
(2) an estimate of the cost savings that would
result from the elimination or consolidation of those
reports.
(b) Use of Electronic Media for Reports.--
(1) In general.--Notwithstanding any other
provision of law, the Administration--
(A) may not publish any report required or
authorized by law in a printed format; and
(B) shall publish any such report by
posting it on the Administration's Internet Web
site in an easily accessible and downloadable
electronic format.
(2) Exception.--Paragraph (1) does not apply to any
report with respect to which the Administrator
determines that--
(A) its publication in a printed format is
essential to the mission of the Administration;
or
(B) its publication in accordance with the
requirements of paragraph (1) would disclose
matter--
(i) described in section 552(b) of
title 5, United States Code; or
(ii) the disclosure of which would
have an adverse impact on aviation
safety or security, as determined by
the Administrator.
SEC. 807. PROHIBITION ON USE OF CERTAIN FUNDS.
The Secretary of Transportation may not use any funds made
available pursuant to this Act (including any amendment made by
this Act) to name, rename, designate, or redesignate any
project or program authorized by this Act (including any
amendment made by this Act) for an individual then serving in
Congress as a Member, Delegate, Resident Commissioner, or
Senator.
SEC. 808. STUDY ON AVIATION FUEL PRICES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study and report to Congress on the
impact of increases in aviation fuel prices on the Airport and
Airway Trust Fund and the aviation industry in general.
(b) Contents.--The study shall include an assessment of the
impact of increases in aviation fuel prices on--
(1) general aviation;
(2) commercial passenger aviation;
(3) piston aircraft purchase and use;
(4) the aviation services industry, including
repair and maintenance services;
(5) aviation manufacturing;
(6) aviation exports; and
(7) the use of small airport installations.
(c) Assumptions About Aviation Fuel Prices.--In conducting
the study required by subsection (a), the Comptroller General
shall use the average aviation fuel price for fiscal year 2010
as a baseline and measure the impact of increases in aviation
fuel prices that range from 5 percent to 200 percent over the
2010 baseline.
SEC. 809. WIND TURBINE LIGHTING.
(a) Study.--The Administrator of the Federal Aviation
Administration shall conduct a study on wind turbine lighting
systems.
(b) Contents.--In conducting the study, the Administrator
shall examine the following:
(1) The aviation safety issues associated with
alternative lighting strategies, technologies, and
regulations.
(2) The feasibility of implementing alternative
lighting strategies or technologies to improve aviation
safety.
(3) Any other issue relating to wind turbine
lighting.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the results of the study, including
information and recommendations concerning the issues examined
under subsection (b).
SEC. 810. AIR-RAIL CODE SHARING STUDY.
(a) Code Share Study.--Not later than 180 days after the
date of enactment of this Act, the Comptroller General of the
United States shall initiate a study regarding--
(1) existing airline and intercity passenger rail
code sharing arrangements; and
(2) the feasibility, costs to taxpayers and other
parties, and benefits of increasing the intermodal
connectivity of airline and intercity passenger rail
facilities and systems to improve passenger travel.
(b) Considerations.--In conducting the study, the
Comptroller General shall consider--
(1) the potential costs to taxpayers and other
parties and benefits of the implementation of more
integrated scheduling between airlines and Amtrak or
other intercity passenger rail carriers achieved
through code sharing arrangements;
(2) airport and intercity passenger rail operations
that can improve connectivity between airports and
intercity passenger rail facilities and stations;
(3) the experience of other countries with respect
to airport and intercity passenger rail connectivity;
and
(4) such other issues the Comptroller General
considers appropriate.
(c) Report.--Not later than 1 year after initiating the
study required by subsection (a), the Comptroller General shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results of the study, including
any conclusions of the Comptroller General resulting from the
study.
SEC. 811. D.C. METROPOLITAN AREA SPECIAL FLIGHT RULES AREA.
(a) Submission of Plan to Congress.--Not later than 180
days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration, in consultation with
the Secretary of Homeland Security and the Secretary of
Defense, shall submit to the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a plan for the D.C.
Metropolitan Area Special Flight Rules Area.
(b) Contents of Plan.--The plan shall outline specific
changes to the D.C. Metropolitan Area Special Flight Rules Area
that will decrease operational impacts and improve general
aviation access to airports in the National Capital Region that
are currently impacted by the zone.
SEC. 812. FAA REVIEW AND REFORM.
(a) Agency Review.--Not later than 60 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall undertake a thorough review of
each program, office, and organization within the
Administration, including the Air Traffic Organization, to
identify--
(1) duplicative positions, programs, roles, or
offices;
(2) wasteful practices;
(3) redundant, obsolete, or unnecessary functions;
(4) inefficient processes; and
(5) ineffectual or outdated policies.
(b) Actions To Streamline and Reform FAA.--Not later than
120 days after the date of enactment of this Act, the
Administrator shall undertake such actions as may be necessary
to address the Administrator's findings under subsection (a),
including--
(1) consolidating, phasing-out, or eliminating
duplicative positions, programs, roles, or offices;
(2) eliminating or streamlining wasteful practices;
(3) eliminating or phasing-out redundant, obsolete,
or unnecessary functions;
(4) reforming and streamlining inefficient
processes so that the activities of the Administration
are completed in an expedited and efficient manner; and
(5) reforming or eliminating ineffectual or
outdated policies.
(c) Authority.--Notwithstanding any other provision of law,
the Administrator shall have the authority to undertake the
actions required under subsection (b).
(d) Report to Congress.--Not later than 150 days after the
date of enactment of this Act, the Administrator shall submit
to Congress a report on the actions taken by the Administrator
under this section, including any recommendations for
legislative or administrative actions.
SEC. 813. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS.
(a) In General.--Notwithstanding any other provision of
law, the Administrator of the Federal Aviation Administration
may declare certain revenue derived from or generated by
mineral extraction, production, lease, or other means at a
general aviation airport to be revenue greater than the amount
needed to carry out the 5-year projected maintenance needs of
the airport in order to comply with the applicable design and
safety standards of the Administration.
(b) Use of Revenue.--An airport sponsor that is in
compliance with the conditions under subsection (c) may
allocate revenue identified by the Administrator under
subsection (a) for Federal, State, or local transportation
infrastructure projects carried out by the airport sponsor or
by a governing body within the geographical limits of the
airport sponsor's jurisdiction.
(c) Conditions.--An airport sponsor may not allocate
revenue identified by the Administrator under subsection (a)
unless the airport sponsor--
(1) enters into a written agreement with the
Administrator that sets forth a 5-year capital
improvement program for the airport, which--
(A) includes the projected costs for the
operation, maintenance, and capacity needs of
the airport in order to comply with applicable
design and safety standards of the
Administration; and
(B) appropriately adjusts such costs to
account for inflation;
(2) agrees in writing--
(A) to waive all rights to receive
entitlement funds or discretionary funds to be
used at the airport under section 47114 or
47115 of title 49, United States Code, during
the 5-year period of the capital improvement
plan described in paragraph (1);
(B) to perpetually comply with sections
47107(b) and 47133 of such title, unless
granted specific exceptions by the
Administrator in accordance with this section;
and
(C) to operate the airport as a public-use
airport, unless the Administrator specifically
grants a request to allow the airport to close;
and
(3) complies with all grant assurance obligations
in effect as of the date of the enactment of this Act
during the 20-year period beginning on the date of
enactment of this Act.
(d) Completion of Determination.--Not later than 90 days
after receiving an airport sponsor's application and requisite
supporting documentation to declare that certain mineral
revenue is not needed to carry out the 5-year capital
improvement program at such airport, the Administrator shall
determine whether the airport sponsor's request should be
granted. The Administrator may not unreasonably deny an
application under this subsection.
(e) Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall promulgate
regulations to carry out this section.
(f) General Aviation Airport Defined.--In this section, the
term ``general aviation airport'' has the meaning given that
term in section 47102 of title 49, United States Code, as
amended by this Act.
SEC. 814. CONTRACTING.
When drafting contract proposals for training facilities
under the general contracting authority of the Federal Aviation
Administration, the Administrator of the Federal Aviation
Administration shall ensure--
(1) the proposal is drafted so that all parties can
fairly compete; and
(2) the proposal takes into consideration the most
cost-effective location, accessibility, and services
options.
SEC. 815. FLOOD PLANNING.
(a) Study.--The Administrator of the Federal Aviation
Administration, in consultation with the Administrator of the
Federal Emergency Management Agency, shall conduct a review and
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the state of preparedness and
response capability for airports located in flood plains to
respond to and seek assistance in rebuilding after catastrophic
flooding.
(b) Eligibility of Demolition and Rebuilding of
Properties.--Section 1366(e) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c(e)) is amended by adding at the
end the following:
``(6) Eligibility of demolition and rebuilding of
properties.--The Director shall consider as an eligible
activity the demolition and rebuilding of properties to
at least base flood levels or higher, if required by
the Director or if required by any State or local
ordinance, and in accordance with project
implementation criteria established by the Director.''.
SEC. 816. HISTORICAL AIRCRAFT DOCUMENTS.
(a) Preservation of Documents.--
(1) In general.--The Administrator of the Federal
Aviation Administration shall take such actions as the
Administrator determines necessary to preserve original
aircraft type certificate engineering and technical
data in the possession of the Federal Aviation
Administration related to--
(A) approved aircraft type certificate
numbers ATC 1 through ATC 713; and
(B) Group-2 approved aircraft type
certificate numbers 2-1 through 2-544.
(2) Revision of order.--Not later than 3 years
after the date of enactment of this Act, the
Administrator shall revise FAA Order 1350.15C, Item
Number 8110. Such revision shall prohibit the
destruction of the historical aircraft documents
identified in paragraph (1).
(3) Consultation.--The Administrator may carry out
paragraph (1) in consultation with the Archivist of the
United States and the Administrator of General
Services.
(b) Availability of Documents.--
(1) Freedom of information act requests.--The
Administrator shall make the documents to be preserved
under subsection (a)(1) available to a person--
(A) upon receipt of a request made by the
person pursuant to section 552 of title 5,
United States Code; and
(B) subject to a prohibition on use of the
documents for commercial purposes.
(2) Trade secrets, commercial, and financial
information.--Section 552(b)(4) of such title shall not
apply to requests for documents to be made available
pursuant to paragraph (1).
(c) Holder of Type Certificate.--
(1) Rights of holder.--Nothing in this section
shall affect the rights of a holder or owner of a type
certificate identified in subsection (a)(1), nor
require the holder or owner to provide, surrender, or
preserve any original or duplicate engineering or
technical data to or for the Federal Aviation
Administration, a person, or the public.
(2) Liability.--There shall be no liability on the
part of, and no cause of action of any nature shall
arise against, a holder of a type certificate, its
authorized representative, its agents, or its
employees, or any firm, person, corporation, or insurer
related to the type certificate data and documents
identified in subsection (a)(1).
(3) Airworthiness.--Notwithstanding any other
provision of law, the holder of a type certificate
identified in subsection (a)(1) shall only be
responsible for Federal Aviation Administration
regulation requirements related to type certificate
data and documents identified in subsection (a)(1) for
aircraft having a standard airworthiness certificate
issued prior to the date the documents are released to
a person by the Federal Aviation Administration under
subsection (b)(1).
SEC. 817. RELEASE FROM RESTRICTIONS.
(a) In General.--Subject to subsection (b), the Secretary
of Transportation is authorized to grant to an airport, city,
or county a release from any of the terms, conditions,
reservations, or restrictions contained in a deed under which
the United States conveyed to the airport, city, or county an
interest in real property for airport purposes pursuant to
section 16 of the Federal Airport Act (60 Stat. 179) or section
23 of the Airport and Airway Development Act of 1970 (84 Stat.
232).
(b) Condition.--Any release granted by the Secretary
pursuant to subsection (a) shall be subject to the following
conditions:
(1) The applicable airport, city, or county shall
agree that in conveying any interest in the real
property which the United States conveyed to the
airport, city, or county, the airport, city, or county
will receive consideration for such interest that is
equal to its fair market value.
(2) Any consideration received by the airport,
city, or county under paragraph (1) shall be used
exclusively for the development, improvement,
operation, or maintenance of a public airport by the
airport, city, or county.
(3) Any other conditions required by the Secretary.
SEC. 818. SENSE OF CONGRESS.
It is the sense of Congress that Los Angeles World
Airports, the operator of Los Angeles International Airport
(LAX)--
(1) should consult on a regular basis with
representatives of the community surrounding the
airport regarding--
(A) the ongoing operations of LAX; and
(B) plans to expand, modify, or realign LAX
facilities; and
(2) should include in such consultations any
organization, the membership of which includes at least
100 individuals who reside within 10 miles of the
airport, that notifies Los Angeles World Airports of
its desire to be included in such consultations.
SEC. 819. HUMAN INTERVENTION MOTIVATION STUDY.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall develop a Human Intervention Motivation Study program for
cabin crew members employed by commercial air carriers in the
United States.
SEC. 820. STUDY OF AERONAUTICAL MOBILE TELEMETRY.
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration,
in consultation with other Federal agencies, shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology and
the Committee on Energy and Commerce of the House of
Representatives a report that identifies--
(1) the current and anticipated, with respect to
the next decade, need by civil aviation, including
equipment manufacturers, for aeronautical mobile
telemetry services; and
(2) the potential impact to the aerospace industry
of the introduction of a new radio service that
operates in the same spectrum allocated to the
aeronautical mobile telemetry service.
SEC. 821. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS OPERATING
CHARITABLE MEDICAL FLIGHTS.
(a) Reimbursement of Fuel Costs.--Notwithstanding any other
law or regulation, in administering section 61.113(c) of title
14, Code of Federal Regulations (or any successor regulation),
the Administrator of the Federal Aviation Administration shall
allow an aircraft owner or operator to accept reimbursement
from a volunteer pilot organization for the fuel costs
associated with a flight operation to provide transportation
for an individual or organ for medical purposes (and for other
associated individuals), if the aircraft owner or operator
has--
(1) volunteered to provide such transportation; and
(2) notified any individual that will be on the
flight, at the time of inquiry about the flight, that
the flight operation is for charitable purposes and is
not subject to the same requirements as a commercial
flight.
(b) Conditions to Ensure Safety.--The Administrator may
impose minimum standards with respect to training and flight
hours for single-engine, multi-engine, and turbine-engine
operations conducted by an aircraft owner or operator that is
being reimbursed for fuel costs by a volunteer pilot
organization, including mandating that the pilot in command of
such aircraft hold an instrument rating and be current and
qualified for the aircraft being flown to ensure the safety of
flight operations described in subsection (a).
(c) Volunteer Pilot Organization.--In this section, the
term ``volunteer pilot organization'' means an organization
that--
(1) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code; and
(2) is organized for the primary purpose of
providing, arranging, or otherwise fostering charitable
medical transportation.
SEC. 822. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROPERTIES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a pilot program under
which operators of up to 4 public-use airports may receive
grants for activities related to the redevelopment of airport
properties in accordance with the requirements of this section.
(b) Grants.--Under the pilot program, the Administrator may
make a grant in a fiscal year, from funds made available for
grants under section 47117(e)(1)(A) of title 49, United States
Code, to an airport operator for a project--
(1) to support joint planning, engineering, design,
and environmental permitting of projects, including the
assembly and redevelopment of property purchased with
noise mitigation funds made available under section
48103 of such title or passenger facility revenue
collected under section 40117 of such title; and
(2) to encourage airport-compatible land uses and
generate economic benefits to the local airport
authority and adjacent community.
(c) Eligibility.--An airport operator shall be eligible to
participate in the pilot program if--
(1) the operator has received approval for a noise
compatibility program under section 47504 of such
title; and
(2) the operator demonstrates, as determined by the
Administrator--
(A) a readiness to implement cooperative
land use management and redevelopment plans
with neighboring local jurisdictions; and
(B) the probability of a clear economic
benefit to neighboring local jurisdictions and
financial return to the airport through the
implementation of those plans.
(d) Distribution.--The Administrator shall seek to award
grants under the pilot program to airport operators
representing different geographic areas of the United States.
(e) Partnership With Neighboring Local Jurisdictions.--An
airport operator shall use grant funds made available under the
pilot program only in partnership with neighboring local
jurisdictions.
(f) Grant Requirements.--The Administrator may not make a
grant to an airport operator under the pilot program unless the
grant is--
(1) made to enable the airport operator and local
jurisdictions undertaking community redevelopment
efforts to expedite those efforts;
(2) subject to a requirement that the local
jurisdiction governing the property interests subject
to the redevelopment efforts has adopted and will
continue in effect zoning regulations that permit
airport-compatible redevelopment; and
(3) subject to a requirement that, in determining
the part of the proceeds from disposing of land that is
subject to repayment and reinvestment requirements
under section 47107(c)(2)(A) of such title, the total
amount of a grant issued under the pilot program that
is attributable to the redevelopment of such land shall
be added to other amounts that must be repaid or
reinvested under that section upon disposal of such
land by the airport operator.
(g) Exceptions to Repayment and Reinvestment
Requirements.--Amounts paid to the Secretary of Transportation
under subsection (f)(3)--
(1) shall be available to the Secretary for, giving
preference to the actions in descending order--
(A) reinvestment in an approved noise
compatibility project at the applicable
airport;
(B) reinvestment in another approved
project at the airport that is eligible for
funding under section 47117(e) of such title;
(C) reinvestment in an approved airport
development project at the airport that is
eligible for funding under section 47114,
47115, or 47117 of such title;
(D) transfer to an operator of another
public airport to be reinvested in an approved
noise compatibility project at such airport;
and
(E) deposit in the Airport and Airway Trust
Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502);
(2) shall be available in addition to amounts
authorized under section 48103 of such title;
(3) shall not be subject to any limitation on grant
obligations for any fiscal year; and
(4) shall remain available until expended.
(h) Federal Share.--
(1) In general.--Notwithstanding any other
provision of law, the Federal share of the allowable
costs of a project carried out under the pilot program
shall be 80 percent.
(2) Allowable costs.--In determining the allowable
costs, the Administrator shall deduct from the total
costs of the activities described in subsection (b)
that portion of the costs which is equal to that
portion of the total property to be redeveloped under
this section that is not owned or to be acquired by the
airport operator pursuant to the noise compatibility
program or that is not owned by the affected
neighboring local jurisdictions or other public
entities.
(i) Maximum Amount.--Not more than $5,000,000 of the funds
made available for grants under section 47117(e)(1)(A) of such
title may be expended under the pilot program for any single
public-use airport.
(j) Use of Passenger Revenue.--An airport operator
participating in the pilot program may use passenger facility
revenue collected under section 40117 of such title to pay any
project cost described in subsection (b) that is not financed
by a grant under the pilot program.
(k) Sunset.--This section shall not be in effect after
September 30, 2015.
SEC. 823. REPORT ON NEW YORK CITY AND NEWARK AIR TRAFFIC CONTROL
FACILITIES.
Under previous agreements, the Federal Aviation
Administration negotiated staffing levels at the air traffic
control facilities in the Newark and New York City areas. Not
later than 90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the Federal Aviation
Administration's staffing and scheduling plans for air traffic
control facilities in the New York City and Newark Region for
the 1-year period beginning on such date of enactment.
SEC. 824. CYLINDERS OF COMPRESSED OXYGEN OR OTHER OXIDIZING GASES.
(a) In General.--Subject to subsections (b) and (c),
entities transporting, in the State of Alaska, cylinders of
compressed oxygen or other oxidizing gases aboard aircraft
shall be exempt from compliance with the regulations described
in subsection (d), to the extent that the regulations require
that oxidizing gases transported aboard aircraft be enclosed in
outer packaging capable of passing the flame penetration
resistance test and the thermal resistance test, without regard
to the end use of the cylinders.
(b) Applicability of Exemption.--The exemption provided
under subsection (a) shall apply only if--
(1) transportation of the cylinders by a ground-
based or water-based mode of transportation is
unavailable and transportation by aircraft is the only
practical means for transporting the cylinders to their
destination;
(2) each cylinder is fully covered with a fire- or
flame-resistant blanket that is secured in place; and
(3) the operator of the aircraft complies with the
applicable notification procedures under section 175.33
of title 49, Code of Federal Regulations.
(c) Aircraft Restriction.--The exemption provided under
subsection (a) shall apply only to the following types of
aircraft:
(1) Cargo-only aircraft transporting the cylinders
to a delivery destination that receives cargo-only
service at least once a week.
(2) Passenger and cargo-only aircraft transporting
the cylinders to a delivery destination that does not
receive cargo-only service at least once a week.
(d) Description of Regulatory Requirements.--The
regulations described in this subsection are the regulations of
the Pipeline and Hazardous Materials Safety Administration
contained in sections 173.302(f)(3), 173.302(f)(4),
173.302(f)(5), 173.304(f)(3), 173.304(f)(4), and 173.304(f)(5)
of title 49, Code of Federal Regulations.
SEC. 825. ORPHAN AVIATION EARMARKS.
(a) Earmark Defined.--In this section, the term ``earmark''
means a statutory provision or report language included
primarily at the request of a Senator or a Member, Delegate, or
Resident Commissioner of the House of Representatives
providing, authorizing, or recommending a specific amount of
discretionary budget authority, credit authority, or other
spending authority for a contract, loan, loan guarantee, grant,
or other expenditure with or to an entity or a specific State,
locality, or Congressional district, other than through a
statutory or administrative formula-driven or competitive award
process.
(b) Rescission.--If any earmark relating to the Federal
Aviation Administration has more than 90 percent of applicable
appropriated amounts remaining available for obligation at the
end of the 9th fiscal year beginning after the fiscal year in
which those amounts were appropriated, the unobligated portion
of those amounts is rescinded effective at the end of that 9th
fiscal year, except that the Administrator of the Federal
Aviation Administration may delay any such rescission if the
Administrator determines that an obligation with respect to
those amounts is likely to occur during the 12-month period
beginning on the last day of that 9th fiscal year.
(c) Identification and Report.--
(1) Agency identification.--At the end of each
fiscal year, the Administrator shall identify and
report to the Director of the Office of Management and
Budget every earmark related to the Administration and
with respect to which there is an unobligated balance
of appropriated amounts.
(2) Annual report.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Director shall submit to Congress and make
available to the public on the Internet Web site of the
Office a report that includes--
(A) a listing of each earmark related to
the Administration and with respect to which
there is an unobligated balance of appropriated
amounts, which shall include the amount of the
original earmark, the amount of the unobligated
balance related to that earmark, and the date
on which the funding expires, if applicable;
(B) the number of rescissions under
subsection (b) and the savings resulting from
those rescissions for the previous fiscal year;
and
(C) a listing of earmarks related to the
Administration with amounts scheduled for
rescission at the end of the current fiscal
year.
SEC. 826. PRIVACY PROTECTIONS FOR AIR PASSENGER SCREENING WITH ADVANCED
IMAGING TECHNOLOGY.
Section 44901 is amended by adding at the end the
following:
``(l) Limitations on Use of Advanced Imaging Technology for
Screening Passengers.--
``(1) Definitions.--In this subsection, the
following definitions apply:
``(A) Advanced imaging technology.--The
term `advanced imaging technology'--
``(i) means a device used in the
screening of passengers that creates a
visual image of an individual showing
the surface of the skin and revealing
other objects on the body; and
``(ii) may include devices using
backscatter x-rays or millimeter waves
and devices referred to as `whole-body
imaging technology' or `body scanning
machines'.
``(B) Appropriate congressional
committees.--The term `appropriate
congressional committees' means--
``(i) the Committee on Commerce,
Science, and Transportation and the
Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(ii) the Committee on Homeland
Security of the House of
Representatives.
``(C) Automatic target recognition
software.--The term `automatic target
recognition software' means software installed
on an advanced imaging technology that produces
a generic image of the individual being
screened that is the same as the images
produced for all other screened individuals.
``(2) Use of advanced imaging technology.--
Beginning June 1, 2012, the Assistant Secretary of
Homeland Security (Transportation Security
Administration) shall ensure that any advanced imaging
technology used for the screening of passengers under
this section--
``(A) is equipped with and employs
automatic target recognition software; and
``(B) complies with such other requirements
as the Assistant Secretary determines necessary
to address privacy considerations.
``(3) Extension.--
``(A) In general.--The Assistant Secretary
may extend the deadline specified in paragraph
(2), if the Assistant Secretary determines
that--
``(i) an advanced imaging
technology equipped with automatic
target recognition software is not
substantially as effective at screening
passengers as an advanced imaging
technology without such software; or
``(ii) additional testing of such
software is necessary.
``(B) Duration of extensions.--The
Assistant Secretary may issue one or more
extensions under subparagraph (A). The duration
of each extension may not exceed one year.
``(4) Reports.--
``(A) In general.--Not later than 60 days
after the deadline specified in paragraph (2),
and not later than 60 days after the date on
which the Assistant Secretary issues any
extension under paragraph (3), the Assistant
Secretary shall submit to the appropriate
congressional committees a report on the
implementation of this subsection.
``(B) Elements.--A report submitted under
subparagraph (A) shall include the following:
``(i) A description of all matters
the Assistant Secretary considers
relevant to the implementation of the
requirements of this subsection.
``(ii) The status of compliance by
the Transportation Security
Administration with such requirements.
``(iii) If the Administration is
not in full compliance with such
requirements--
``(I) the reasons for the
noncompliance; and
``(II) a timeline depicting
when the Assistant Secretary
expects the Administration to
achieve full compliance.
``(C) Security classification.--To the
greatest extent practicable, a report prepared
under subparagraph (A) shall be submitted in an
unclassified format. If necessary, the report
may include a classified annex.''.
SEC. 827. COMMERCIAL SPACE LAUNCH LICENSE REQUIREMENTS.
Section 50905(c)(3) of title 51, United States Code, is
amended by striking ``Beginning 8 years after the date of
enactment of the Commercial Space Launch Amendments Act of
2004,'' and inserting ``Beginning on October 1, 2015,''.
SEC. 828. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.
(a) In General.--The Secretary of Transportation, including
a designee of the Secretary, may not issue or enforce any
regulation or other requirement regarding the transportation by
aircraft of lithium metal cells or batteries or lithium ion
cells or batteries, whether transported separately or packed
with or contained in equipment, if the requirement is more
stringent than the requirements of the ICAO Technical
Instructions.
(b) Exceptions.--
(1) Passenger carrying aircraft.--Notwithstanding
subsection (a), the Secretary may enforce the
prohibition on transporting primary (non-rechargeable)
lithium batteries and cells aboard passenger carrying
aircraft set forth in special provision A100 under
section 172.102(c)(2) of title 49, Code of Federal
Regulations (as in effect on the date of enactment of
this Act).
(2) Credible reports.--Notwithstanding subsection
(a), if the Secretary obtains a credible report with
respect to a safety incident from a national or
international governmental regulatory or investigating
body that demonstrates that the presence of lithium
metal cells or batteries or lithium ion cells or
batteries on an aircraft, whether transported
separately or packed with or contained in equipment, in
accordance with the requirements of the ICAO Technical
Instructions, has substantially contributed to the
initiation or propagation of an onboard fire, the
Secretary--
(A) may issue and enforce an emergency
regulation, more stringent than the
requirements of the ICAO Technical
Instructions, that governs the transportation
by aircraft of such cells or batteries, if that
regulation--
(i) addresses solely deficiencies
referenced in the report; and
(ii) is effective for not more than
1 year; and
(B) may adopt and enforce a permanent
regulation, more stringent than the
requirements of the ICAO Technical
Instructions, that governs the transportation
by aircraft of such cells or batteries, if--
(i) the Secretary bases the
regulation upon substantial credible
evidence that the otherwise permissible
presence of such cells or batteries
would substantially contribute to the
initiation or propagation of an onboard
fire;
(ii) the regulation addresses
solely the deficiencies in existing
regulations; and
(iii) the regulation imposes the
least disruptive and least expensive
variation from existing requirements
while adequately addressing identified
deficiencies.
(c) ICAO Technical Instructions Defined.--In this section,
the term ``ICAO Technical Instructions'' means the
International Civil Aviation Organization Technical
Instructions for the Safe Transport of Dangerous Goods by Air
(as amended, including amendments adopted after the date of
enactment of this Act).
SEC. 829. CLARIFICATION OF MEMORANDUM OF UNDERSTANDING WITH OSHA.
Not later than 6 months after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall--
(1) establish milestones, in consultation with the
Occupational Safety and Health Administration, in a
report to Congress--
(A) for the completion of work begun under
the August 2000 memorandum of understanding
between the Administrations; and
(B) to address issues that need further
action, as set forth in the December 2000 joint
report of the Administrations; and
(2) initiate development of a policy statement to
set forth the circumstances in which requirements of
the Occupational Safety and Health Administration may
be applied to crewmembers while working in an aircraft.
SEC. 830. APPROVAL OF APPLICATIONS FOR THE AIRPORT SECURITY SCREENING
OPT-OUT PROGRAM.
(a) In General.--Section 44920(b) is amended to read as
follows:
``(b) Approval of Applications.--
``(1) In general.--Not later than 120 days after
the date of receipt of an application submitted by an
airport operator under subsection (a), the Under
Secretary shall approve or deny the application.
``(2) Standards.--The Under Secretary shall approve
an application submitted by an airport operator under
subsection (a) if the Under Secretary determines that
the approval would not compromise security or
detrimentally affect the cost-efficiency or the
effectiveness of the screening of passengers or
property at the airport.
``(3) Reports on denials of applications.--
``(A) In general.--If the Under Secretary
denies an application submitted by an airport
operator under subsection (a), the Under
Secretary shall provide to the airport
operator, not later than 60 days following the
date of the denial, a written report that sets
forth--
``(i) the findings that served as
the basis for the denial;
``(ii) the results of any cost or
security analysis conducted in
considering the application; and
``(iii) recommendations on how the
airport operator can address the
reasons for the denial.
``(B) Submission to congress.--The Under
Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security
of the House of Representatives a copy of any
report provided to an airport operator under
subparagraph (A).''.
(b) Waivers.--Section 44920(d) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving the
subparagraphs 2 ems to the right;
(2) by striking ``The Under Secretary'' and
inserting the following:
``(1) In general.--The Under Secretary''; and
(3) by adding at the end the following:
``(2) Waivers.--The Under Secretary may waive the
requirement of paragraph (1)(B) for any company that is
a United States subsidiary with a parent company that
has implemented a foreign ownership, control, or
influence mitigation plan that has been approved by the
Defense Security Service of the Department of Defense
prior to the submission of the application. The Under
Secretary has complete discretion to reject any
application from a private screening company to provide
screening services at an airport that requires a waiver
under this paragraph.''.
(c) Recommendations of Airport Operator.--Section 44920 is
amended by adding at the end the following:
``(h) Recommendations of Airport Operator.--As part of any
submission of an application for a private screening company to
provide screening services at an airport, the airport operator
shall provide to the Under Secretary a recommendation as to
which company would best serve the security screening and
passenger needs of the airport, along with a statement
explaining the basis of the operator's recommendation.''.
(d) Reconsideration of Applications Pending as of January
1, 2011.--
(1) In general.--Upon the request of an airport
operator, the Secretary of Homeland Security shall
reconsider any application for the screening of
passengers and property that--
(A) was submitted by the operator of an
airport pursuant to section 44920(a) of title
49, United States Code;
(B) was pending for final decision by the
Secretary on any day between January 1, 2011,
and February 3, 2011, and was resubmitted by
the applicant in accordance with new guidelines
provided by the Secretary after February 3,
2011; and
(C) has not been approved by the Secretary
on or before the date of enactment of this Act.
(2) Notice to airport operators.--In reconsidering
an application submitted under paragraph (1), the
Secretary shall--
(A) notify the airport operator that
submitted the application that the Secretary
will reconsider the application;
(B) if the application was initially
denied, advise the operator of the findings
that served as the basis for the denial; and
(C) request the operator to provide the
Secretary with such additional information as
the Secretary determines necessary to
reconsider the application.
(3) Deadline; standards.--The Secretary shall
approve or deny an application to be reconsidered under
paragraph (1) not later than the 120th day following
the date of the request for reconsideration from the
airport operator. The Secretary shall apply the
standards set forth in section 44920(b) of title 49,
United States Code (as amended by this section), in
approving and denying such application.
(4) Reports on denials of applications.--
(A) In general.--If the Secretary denies an
application of an airport operator following
reconsideration under this subsection, the
Secretary shall provide to the airport operator
a written report that sets forth--
(i) the findings that served as the
basis for the denial; and
(ii) the results of any cost or
security analysis conducted in
considering the application.
(B) Submission to congress.--The Secretary
shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on Homeland Security of the House
of Representatives a copy of any report
provided to an airport operator under
subparagraph (A).
TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT
SEC. 901. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 48102(a) is amended--
(1) in the matter before paragraph (1) by striking
``of this title'' and inserting ``of this title and,
for each of fiscal years 2012 through 2015, under
subsection (g)'';
(2) by striking paragraphs (1) through (8);
(3) by redesignating paragraphs (9) through (15) as
paragraphs (1) through (7), respectively;
(4) in paragraph (3) (as so redesignated)--
(A) in subparagraph (K) by adding ``and''
at the end; and
(B) in subparagraph (L) by striking ``and''
at the end; and
(5) by striking paragraph (16) and inserting the
following:
``(8) $168,000,000 for each of fiscal years 2012
through 2015.''.
(b) Specific Program Limitations.--Section 48102 is amended
by inserting after subsection (f) the following:
``(g) Specific Authorizations.--The following programs
described in the research, engineering, and development account
of the national aviation research plan required under section
44501(c) are authorized:
``(1) Fire Research and Safety.
``(2) Propulsion and Fuel Systems.
``(3) Advanced Materials/Structural Safety.
``(4) Atmospheric Hazards--Aircraft Icing/Digital
System Safety.
``(5) Continued Airworthiness.
``(6) Aircraft Catastrophic Failure Prevention
Research.
``(7) Flightdeck/Maintenance/System Integration
Human Factors.
``(8) System Safety Management.
``(9) Air Traffic Control/Technical Operations
Human Factors.
``(10) Aeromedical Research.
``(11) Weather Program.
``(12) Unmanned Aircraft Systems Research.
``(13) NextGen--Alternative Fuels for General
Aviation.
``(14) Joint Planning and Development Office.
``(15) NextGen--Wake Turbulence Research.
``(16) NextGen--Air Ground Integration Human
Factors.
``(17) NextGen--Self Separation Human Factors.
``(18) NextGen--Weather Technology in the Cockpit.
``(19) Environment and Energy Research.
``(20) NextGen Environmental Research--Aircraft
Technologies, Fuels, and Metrics.
``(21) System Planning and Resource Management.
``(22) The William J. Hughes Technical Center
Laboratory Facility.''.
(c) Program Authorizations.--From the other accounts
described in the national aviation research plan required under
section 44501(c) of title 49, United States Code, the following
research and development activities are authorized:
(1) Runway Incursion Reduction.
(2) System Capacity, Planning, and Improvement.
(3) Operations Concept Validation.
(4) NAS Weather Requirements.
(5) Airspace Management Program.
(6) NextGen--Air Traffic Control/Technical
Operations Human Factors.
(7) NextGen--Environment and Energy--Environmental
Management System and Advanced Noise and Emissions
Reduction.
(8) NextGen--New Air Traffic Management
Requirements.
(9) NextGen--Operations Concept Validation--
Validation Modeling.
(10) NextGen--System Safety Management
Transformation.
(11) NextGen--Wake Turbulence--Recategorization.
(12) NextGen--Operational Assessments.
(13) NextGen--Staffed NextGen Towers.
(14) Center for Advanced Aviation System
Development.
(15) Airports Technology Research Program--
Capacity.
(16) Airports Technology Research Program-- Safety.
(17) Airports Technology Research Program--
Environment.
(18) Airport Cooperative Research--Capacity.
(19) Airport Cooperative Research--Environment.
(20) Airport Cooperative Research--Safety.
SEC. 902. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator''
means the Administrator of the FAA.
(2) FAA.--The term ``FAA'' means the Federal
Aviation Administration.
(3) Institution of higher education.--The term
``institution of higher education'' has the same
meaning given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(4) NASA.--The term ``NASA'' means the National
Aeronautics and Space Administration.
(5) NOAA.--The term ``NOAA'' means the National
Oceanic and Atmospheric Administration.
SEC. 903. UNMANNED AIRCRAFT SYSTEMS.
(a) Research Initiative.--Section 44504(b) is amended--
(1) in paragraph (6) by striking ``and'' after the
semicolon;
(2) in paragraph (7) by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(8) in conjunction with other Federal agencies,
as appropriate, to develop technologies and methods to
assess the risk of and prevent defects, failures, and
malfunctions of products, parts, and processes for use
in all classes of unmanned aircraft systems that could
result in a catastrophic failure of the unmanned
aircraft that would endanger other aircraft in the
national airspace system.''.
(b) Systems, Procedures, Facilities, and Devices.--Section
44505(b) is amended--
(1) in paragraph (4) by striking ``and'' after the
semicolon;
(2) in paragraph (5)(C) by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
``(6) to develop a better understanding of the
relationship between human factors and unmanned
aircraft system safety; and
``(7) to develop dynamic simulation models for
integrating all classes of unmanned aircraft systems
into the national airspace system without any
degradation of existing levels of safety for all
national airspace system users.''.
SEC. 904. RESEARCH PROGRAM ON RUNWAYS.
Using amounts made available under section 48102(a) of
title 49, United States Code, the Administrator shall continue
to carry out a research program under which the Administrator
may make grants to and enter into cooperative agreements with
institutions of higher education and pavement research
organizations for research and technology demonstrations
related to--
(1) the design, construction, rehabilitation, and
repair of airfield pavements to aid in the development
of safer, more cost effective, and more durable
airfield pavements; and
(2) engineered material restraining systems for
runways at both general aviation airports and airports
with commercial air carrier operations.
SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.
Section 44505 is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the
following:
``(d) Research on Design for Certification.--
``(1) Research.--Not later than 1 year after the
date of enactment of the FAA Modernization and Reform
Act of 2012, the Administrator shall conduct research
on methods and procedures to improve both confidence in
and the timeliness of certification of new technologies
for their introduction into the national airspace
system.
``(2) Research plan.--Not later than 6 months after
the date of enactment of the FAA Modernization and
Reform Act of 2012, the Administrator shall develop a
plan for the research under paragraph (1) that contains
objectives, proposed tasks, milestones, and a 5-year
budgetary profile.
``(3) Review.--The Administrator shall enter into
an arrangement with the National Research Council to
conduct an independent review of the plan developed
under paragraph (2) and shall provide the results of
that review to the Committee on Science, Space, and
Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate not later than 18 months after the date of
enactment of the FAA Modernization and Reform Act of
2012.''.
SEC. 906. AIRPORT COOPERATIVE RESEARCH PROGRAM.
Section 44511(f) is amended--
(1) in paragraph (1) by striking ``establish a 4-
year pilot'' and inserting ``maintain an''; and
(2) in paragraph (4)--
(A) by striking ``Not later than 6 months
after the expiration of the program under this
subsection,'' and inserting ``Not later than
September 30, 2012,''; and
(B) by striking ``program, including
recommendations as to the need for establishing
a permanent airport cooperative research
program'' and inserting ``program''.
SEC. 907. CENTERS OF EXCELLENCE.
(a) Government's Share of Costs.--Section 44513(f) is
amended to read as follows:
``(f) Government's Share of Costs.--The United States
Government's share of establishing and operating a center and
all related research activities that grant recipients carry out
shall not exceed 50 percent of the costs, except that the
Administrator may increase such share to a maximum of 75
percent of the costs for a fiscal year if the Administrator
determines that a center would be unable to carry out the
authorized activities described in this section without
additional funds.''.
(b) Annual Report.--Section 44513 is amended by adding at
the end the following:
``(h) Annual Report.--The Administrator shall transmit
annually to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate at the time of the
President's budget request a report that lists--
``(1) the research projects that have been
initiated by each center in the preceding year;
``(2) the amount of funding for each research
project and the funding source;
``(3) the institutions participating in each
research project and their shares of the overall
funding for each research project; and
``(4) the level of cost-sharing for each research
project.''.
SEC. 908. CENTER OF EXCELLENCE FOR AVIATION HUMAN RESOURCE RESEARCH.
(a) Establishment.--Using amounts made available under
section 48102(a) of title 49, United States Code, the
Administrator may establish a center of excellence to conduct
research on--
(1) human performance in the air transportation
environment, including among air transportation
personnel such as air traffic controllers, pilots, and
technicians; and
(2) any other aviation human resource issue
pertinent to developing and maintaining a safe and
efficient air transportation system.
(b) Activities.--Activities conducted under this section
may include the following:
(1) Research, development, and evaluation of
training programs for air traffic controllers, aviation
safety inspectors, airway transportation safety
specialists, and engineers.
(2) Research and development of best practices for
recruitment of individuals into the aviation field for
mission critical positions.
(3) Research, in consultation with other relevant
Federal agencies, to develop a baseline of general
aviation employment statistics and an analysis of
future needs in the aviation field.
(4) Research and the development of a comprehensive
assessment of the airframe and power plant technician
certification process and its effect on employment
trends.
(5) Evaluation of aviation maintenance technician
school environments.
(6) Research and an assessment of the ability to
develop training programs to allow for the transition
of recently unemployed and highly skilled mechanics
into the aviation field.
SEC. 909. INTERAGENCY RESEARCH ON AVIATION AND THE ENVIRONMENT.
(a) In General.--Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator, in
coordination with NASA and after consultation with other
relevant agencies, may maintain a research program to assess
the potential effect of aviation activities on the environment
and, if warranted, to evaluate approaches to address any such
effect.
(b) Research Plan.--
(1) In general.--The Administrator, in coordination
with NASA and after consultation with other relevant
agencies, shall jointly develop a plan to carry out the
research under subsection (a).
(2) Contents.--The plan shall contain an inventory
of current interagency research being undertaken in
this area, future research objectives, proposed tasks,
milestones, and a 5-year budgetary profile.
(3) Requirements.--The plan--
(A) shall be completed not later than 1
year after the date of enactment of this Act;
(B) shall be submitted to Congress for
review; and
(C) shall be updated, as appropriate, every
3 years after the initial submission.
SEC. 910. AVIATION FUEL RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator, in
coordination with the Administrator of NASA, shall continue
research and development activities into the qualification of
an unleaded aviation fuel and safe transition to this fuel for
the fleet of piston engine aircraft.
(b) Requirements.--In carrying out the program under
subsection (a), the Administrator shall, at a minimum--
(1) not later than 120 days after the date of
enactment of this Act, develop a research and
development plan containing the specific research and
development objectives, including consideration of
aviation safety, technical feasibility, and other
relevant factors, and the anticipated timetable for
achieving the objectives;
(2) assess the methods and processes by which the
FAA and industry may expeditiously certify and approve
new aircraft and recertify existing aircraft with
respect to unleaded aviation fuel;
(3) assess technologies that modify existing piston
engine aircraft to enable safe operation of the
aircraft using unleaded aviation fuel and determine the
resources necessary to certify those technologies; and
(4) develop recommendations for appropriate
policies and guidelines to facilitate a transition to
unleaded aviation fuel for piston engine aircraft.
(c) Collaboration.--In carrying out the program under
subsection (a), the Administrator shall collaborate with--
(1) industry groups representing aviation
consumers, manufacturers, and fuel producers and
distributors; and
(2) other appropriate Federal agencies.
(d) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall provide to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the plan, information
obtained, and policies and guidelines developed pursuant to
subsection (b).
SEC. 911. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY FOR CIVIL
AIRCRAFT.
(a) In General.--Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator
shall establish a research program to assist in the development
and qualification of jet fuel from alternative sources (such as
natural gas, biomass, ethanol, butanol, and hydrogen) and other
renewable sources.
(b) Authority To Make Grants.--The Administrator shall
carry out the program through the use of grants or other
measures authorized under section 106(l)(6) of such title,
including reimbursable agreements with other Federal agencies.
(c) Participation in Program.--
(1) Participation of educational and research
institutions.--In carrying out the program, the
Administrator shall include participation by--
(A) educational and research institutions
that have existing facilities and leverage
private sector partnerships; and
(B) consortia with experience across the
supply chain, including with research,
feedstock development and production, small-
scale development, testing, and technology
evaluation related to the creation, processing,
production, and transportation of alternative
aviation fuel.
(2) Use of nasa facilities.--In carrying out the
program, the Administrator shall consider utilizing the
existing capacity in aeronautics research at Langley
Research Center, Glenn Research Center, and other
appropriate facilities of NASA.
(d) Designation of Institution as a Center of Excellence.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator may
designate an institution described in subsection
(c)(1)(A) as a Center of Excellence for Alternative
Jet-Fuel Research in Civil Aircraft.
(2) Effect of designation.--The center designated
under paragraph (1) shall become, upon its
designation--
(A) a member of the Consortium for
Continuous Low Energy, Emissions, and Noise of
the FAA; and
(B) part of a Joint Center of Excellence
with the Partnership for Air Transportation
Noise and Emission Reduction FAA Center of
Excellence.
SEC. 912. REVIEW OF FAA'S ENERGY-RELATED AND ENVIRONMENT-RELATED
RESEARCH PROGRAMS.
(a) Review.--Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator
shall enter into an arrangement for an independent external
review of FAA energy-related and environment-related research
programs. The review shall assess whether--
(1) the programs have well-defined, prioritized,
and appropriate research objectives;
(2) the programs are properly coordinated with the
energy-related and environment-related research
programs at NASA, NOAA, and other relevant agencies;
(3) the programs have allocated appropriate
resources to each of the research objectives; and
(4) there exist suitable mechanisms for
transitioning the research results into the FAA's
operational technologies and procedures and
certification activities.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit a report
to the Committee on Science, Space, and Technology of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate containing the results of the
review.
SEC. 913. REVIEW OF FAA'S AVIATION SAFETY-RELATED RESEARCH PROGRAMS.
(a) Review.--Using amounts made available under section
48102(a) of title 49, United States Code, the Administrator
shall enter into an arrangement for an independent external
review of the FAA's aviation safety-related research programs.
The review shall assess whether--
(1) the programs have well-defined, prioritized,
and appropriate research objectives;
(2) the programs are properly coordinated with the
safety research programs of NASA and other relevant
Federal agencies;
(3) the programs have allocated appropriate
resources to each of the research objectives;
(4) the programs should include a determination
about whether a survey of participants across the air
transportation system is an appropriate way to study
safety risks within such system; and
(5) there exist suitable mechanisms for
transitioning the research results from the programs
into the FAA's operational technologies and procedures
and certification activities in a timely manner.
(b) Aviation Safety-Related Research Programs To Be
Assessed.--The FAA aviation safety-related research programs to
be assessed under the review shall include, at a minimum, the
following:
(1) Air traffic control/technical operations human
factors.
(2) Runway incursion reduction.
(3) Flightdeck/maintenance system integration human
factors.
(4) Airports technology research--safety.
(5) Airport Cooperative Research Program-- safety.
(6) Weather Program.
(7) Atmospheric hazards/digital system safety.
(8) Fire research and safety.
(9) Propulsion and fuel systems.
(10) Advanced materials/structural safety.
(11) Aging aircraft.
(12) Aircraft catastrophic failure prevention
research.
(13) Aeromedical research.
(14) Aviation safety risk analysis.
(15) Unmanned aircraft systems research.
(c) Report.--Not later than 14 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
review.
SEC. 914. PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR CIVILIAN
AIRCRAFT.
(a) Establishment of Research Program.--Using amounts made
available under section 48102(a) of title 49, United States
Code, the Administrator shall establish a research program
related to developing jet fuel from clean coal.
(b) Authority To Make Grants.--The Administrator shall
carry out the program through grants or other measures
authorized under section 106(l)(6) of such title, including
reimbursable agreements with other Federal agencies.
(c) Participation in Program.--In carrying out the program,
the Administrator shall include participation by educational
and research institutions that have existing facilities and
experience in the development and deployment of technology that
processes coal into aviation fuel.
(d) Designation of Institution as a Center of Excellence.--
Not later than 180 days after the date of enactment of this
Act, the Administrator may designate an institution described
in subsection (c) as a Center of Excellence for Coal-to-Jet-
Fuel Research.
SEC. 915. WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER RESEARCH.
Not later than 60 days after the date of enactment of this
Act, the Administrator shall--
(1) initiate an evaluation of proposals related to
research on the nature of wake vortexes that would
increase national airspace system capacity by reducing
existing spacing requirements between aircraft of all
sizes;
(2) begin implementation of a system to improve
volcanic ash avoidance options for aircraft, including
the development of a volcanic ash warning and
notification system for aviation; and
(3) coordinate with NOAA, NASA, and other
appropriate Federal agencies to conduct research to
reduce the hazards presented to commercial aviation
related to--
(A) ground de-icing and anti-icing, ice
pellets, and freezing drizzle;
(B) oceanic weather, including convective
weather;
(C) en route turbulence prediction and
detection; and
(D) all hazards during oceanic operations,
where commercial traffic is high and only
rudimentary satellite sensing is available.
SEC. 916. REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED RESEARCH
AND TRAINING IN THE USE OF ADVANCED MATERIALS IN
TRANSPORT AIRCRAFT.
Section 708(b) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 44504 note) is amended by
striking ``for fiscal year 2004'' and inserting ``for each of
fiscal years 2012 through 2015''.
SEC. 917. RESEARCH AND DEVELOPMENT OF EQUIPMENT TO CLEAN AND MONITOR
THE ENGINE AND APU BLEED AIR SUPPLIED ON
PRESSURIZED AIRCRAFT.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Administrator, to the extent
practicable, shall implement a research program for the
identification or development of appropriate and effective air
cleaning technology and sensor technology for the engine and
auxiliary power unit bleed air supplied to the passenger cabin
and flight deck of a pressurized aircraft.
(b) Technology Requirements.--The technology referred to in
subsection (a) shall have the capacity, at a minimum--
(1) to remove oil-based contaminants from the bleed
air supplied to the passenger cabin and flight deck;
and
(2) to detect and record oil-based contaminants in
the portion of the total air supplied to the passenger
cabin and flight deck from bleed air.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Science, Space, and Technology of the
House of Representatives a report on the results of the
research and development work carried out under this section.
SEC. 918. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.
(a) Review.--The Administrator shall enter into an
arrangement for an independent external review of the
enterprise architecture for the Next Generation Air
Transportation System.
(b) Contents.--At a minimum, the review to be conducted
under subsection (a) shall--
(1) highlight the technical activities, including
human-system design, organizational design, and other
safety and human factor aspects of the system, that
will be necessary to successfully transition current
and planned modernization programs to the future system
envisioned by the Joint Planning and Development Office
of the FAA;
(2) assess technical, cost, and schedule risk for
the software development that will be necessary to
achieve the expected benefits from a highly automated
air traffic management system and the implications for
ongoing modernization projects; and
(3) determine how risks with automation efforts for
the Next Generation Air Transportation System can be
mitigated based on the experiences of other public or
private entities in developing complex, software-
intensive systems.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure and the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the results of
the review conducted pursuant to subsection (a).
SEC. 919. AIRPORT SUSTAINABILITY PLANNING WORKING GROUP.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall prepare and
submit a problem statement to the Transportation Research Board
for the purpose of initiating a study under the Airport
Cooperative Research Program on airport sustainability
practices.
(b) Functions.--The purpose of the study shall be--
(1) to examine and develop best airport practices
and metrics for the sustainable design, construction,
planning, maintenance, and operation of an airport;
(2) to examine potential standards for a rating
system based on the best sustainable practices and
metrics;
(3) to examine potential standards for a voluntary
airport rating process based on the best sustainable
practices, metrics, and ratings; and
(4) to examine and develop recommendations for
future actions with regard to sustainability.
(c) Report.--Not later than 18 months after the date of
initiation of the study, a report on the study shall be
submitted to the Administrator and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
TITLE X--NATIONAL MEDIATION BOARD
SEC. 1001. RULEMAKING AUTHORITY.
Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is
amended by inserting after section 10 the following:
``SEC. 10A. RULES AND REGULATIONS.
``(a) In General.--The Mediation Board shall have the
authority from time to time to make, amend, and rescind, in the
manner prescribed by section 553 of title 5, United States
Code, and after opportunity for a public hearing, such rules
and regulations as may be necessary to carry out the provisions
of this Act.
``(b) Application.--The requirements of subsection (a)
shall not apply to any rule or proposed rule to which the third
sentence of section 553(b) of title 5, United States Code,
applies.''.
SEC. 1002. RUNOFF ELECTION RULES.
Paragraph Ninth of section 2 of the Railway Labor Act (45
U.S.C. 152) is amended by inserting after the fourth sentence
the following: ``In any such election for which there are 3 or
more options (including the option of not being represented by
any labor organization) on the ballot and no such option
receives a majority of the valid votes cast, the Mediation
Board shall arrange for a second election between the options
receiving the largest and the second largest number of
votes.''.
SEC. 1003. BARGAINING REPRESENTATIVE CERTIFICATION.
Section 2 of the Railway Labor Act (45 U.S.C. 152) is
amended by adding at the end the following:
``Twelfth. Showing of interest for representation
elections. The Mediation Board, upon receipt of an application
requesting that an organization or individual be certified as
the representative of any craft or class of employees, shall
not direct an election or use any other method to determine who
shall be the representative of such craft or class unless the
Mediation Board determines that the application is supported by
a showing of interest from not less than 50 percent of the
employees in the craft or class.''.
SEC. 1004. OVERSIGHT.
Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is
amended by adding at the end the following:
``SEC. 15. EVALUATION AND AUDIT OF MEDIATION BOARD.
``(a) Evaluation and Audit of Mediation Board.--
``(1) In general.--In order to promote economy,
efficiency, and effectiveness in the administration of
the programs, operations, and activities of the
Mediation Board, the Comptroller General of the United
States shall evaluate and audit the programs and
expenditures of the Mediation Board. Such an evaluation
and audit shall be conducted not less frequently than
every 2 years, but may be conducted as determined
necessary by the Comptroller General or the appropriate
congressional committees.
``(2) Responsibility of comptroller general.--In
carrying out the evaluation and audit required under
paragraph (1), the Comptroller General shall evaluate
and audit the programs, operations, and activities of
the Mediation Board, including, at a minimum--
``(A) information management and security,
including privacy protection of personally
identifiable information;
``(B) resource management;
``(C) workforce development;
``(D) procurement and contracting planning,
practices, and policies;
``(E) the extent to which the Mediation
Board follows leading practices in selected
management areas; and
``(F) the processes the Mediation Board
follows to address challenges in--
``(i) initial investigations of
applications requesting that an
organization or individual be certified
as the representative of any craft or
class of employees;
``(ii) determining and certifying
representatives of employees; and
``(iii) ensuring that the process
occurs without interference, influence,
or coercion.
``(b) Immediate Review of Certification Procedures.--Not
later than 180 days after the date of enactment of this
section, the Comptroller General shall review the processes
applied by the Mediation Board to certify or decertify
representation of employees by a labor organization and make
recommendations to the Board and appropriate congressional
committees regarding actions that may be taken by the Board or
Congress to ensure that the processes are fair and reasonable
for all parties. Such review shall be conducted separately from
any evaluation and audit under subsection (a) and shall
include, at a minimum--
``(1) an evaluation of the existing processes and
changes to such processes that have occurred since the
establishment of the Mediation Board and whether those
changes are consistent with congressional intent; and
``(2) a description of the extent to which such
processes are consistent with similar processes applied
to other Federal or State agencies with jurisdiction
over labor relations, and an evaluation of any
justifications for any discrepancies between the
processes of the Mediation Board and such similar
Federal or State processes.
``(c) Appropriate Congressional Committee Defined.--In this
section, the term `appropriate congressional committees' means
the Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Health,
Education, Labor, and Pensions of the Senate.''.
TITLE XI--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
SEC. 1100. AMENDMENT OF 1986 CODE.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 1101. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) is
amended by striking ``February 17, 2012'' and inserting
``September 30, 2015''.
(b) Ticket Taxes.--
(1) Persons.--Clause (ii) of section 4261(j)(1)(A)
is amended by striking ``February 17, 2012'' and
inserting ``September 30, 2015''.
(2) Property.--Clause (ii) of section 4271(d)(1)(A)
is amended by striking ``February 17, 2012'' and
inserting ``September 30, 2015''.
(c) Effective Date.--The amendments made by this section
shall take effect on February 18, 2012.
SEC. 1102. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Paragraph (1) of section 9502(d) is
amended--
(1) by striking ``February 18, 2012'' in the matter
preceding subparagraph (A) and inserting ``October 1,
2015'', and
(2) by striking the semicolon at the end of
subparagraph (A) and inserting ``or the FAA
Modernization and Reform Act of 2012;''.
(b) Conforming Amendment.--Paragraph (2) of section 9502(e)
is amended by striking ``February 18, 2012'' and inserting
``October 1, 2015''.
(c) Effective Date.--The amendments made by this section
shall take effect on February 18, 2012.
SEC. 1103. TREATMENT OF FRACTIONAL AIRCRAFT OWNERSHIP PROGRAMS.
(a) Fuel Surtax.--
(1) In general.--Subchapter B of chapter 31 is
amended by adding at the end the following new section:
``SEC. 4043. SURTAX ON FUEL USED IN AIRCRAFT PART OF A FRACTIONAL
OWNERSHIP PROGRAM.
``(a) In General.--There is hereby imposed a tax on any
liquid used (during any calendar quarter by any person) in a
fractional program aircraft as fuel--
``(1) for the transportation of a qualified
fractional owner with respect to the fractional
ownership aircraft program of which such aircraft is a
part, or
``(2) with respect to the use of such aircraft on
account of such a qualified fractional owner, including
use in deadhead service.
``(b) Amount of Tax.--The rate of tax imposed by subsection
(a) is 14.1 cents per gallon.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Fractional program aircraft.--The term
`fractional program aircraft' means, with respect to
any fractional ownership aircraft program, any aircraft
which--
``(A) is listed as a fractional program
aircraft in the management specifications
issued to the manager of such program by the
Federal Aviation Administration under subpart K
of part 91 of title 14, Code of Federal
Regulations, and
``(B) is registered in the United States.
``(2) Fractional ownership aircraft program.--The
term `fractional ownership aircraft program' means a
program under which--
``(A) a single fractional ownership program
manager provides fractional ownership program
management services on behalf of the fractional
owners,
``(B) there are 1 or more fractional owners
per fractional program aircraft, with at least
1 fractional program aircraft having more than
1 owner,
``(C) with respect to at least 2 fractional
program aircraft, none of the ownership
interests in such aircraft are--
``(i) less than the minimum
fractional ownership interest, or
``(ii) held by the program manager
referred to in subparagraph (A),
``(D) there exists a dry-lease aircraft
exchange arrangement among all of the
fractional owners, and
``(E) there are multi-year program
agreements covering the fractional ownership,
fractional ownership program management
services, and dry-lease aircraft exchange
aspects of the program.
``(3) Definitions related to fractional ownership
interests.--
``(A) Qualified fractional owner.--The term
`qualified fractional owner' means any
fractional owner which has a minimum fractional
ownership interest in at least one fractional
program aircraft.
``(B) Minimum fractional ownership
interest.--The term `minimum fractional
ownership interest' means, with respect to each
type of aircraft--
``(i) a fractional ownership
interest equal to or greater than 1/16
of at least 1 subsonic, fixed wing, or
powered lift aircraft, or
``(ii) a fractional ownership
interest equal to or greater than 1/32
of at least 1 rotorcraft aircraft.
``(C) Fractional ownership interest.--The
term `fractional ownership interest' means--
``(i) the ownership of an interest
in a fractional program aircraft,
``(ii) the holding of a multi-year
leasehold interest in a fractional
program aircraft, or
``(iii) the holding of a multi-year
leasehold interest which is convertible
into an ownership interest in a
fractional program aircraft.
``(D) Fractional owner.--The term
`fractional owner' means any person owning any
interest (including the entire interest) in a
fractional program aircraft.
``(4) Dry-lease aircraft exchange.--The term `dry-
lease aircraft exchange' means an agreement, documented
by the written program agreements, under which the
fractional program aircraft are available, on an as
needed basis without crew, to each fractional owner.
``(5) Special rule relating to use of fractional
program aircraft for flight demonstration, maintenance,
or training.--For purposes of subsection (a), a
fractional program aircraft shall not be considered to
be used for the transportation of a qualified
fractional owner, or on account of such qualified
fractional owner, when it is used for flight
demonstration, maintenance, or crew training.
``(6) Special rule relating to deadhead service.--A
fractional program aircraft shall not be considered to
be used on account of a qualified fractional owner when
it is used in deadhead service and a person other than
a qualified fractional owner is separately charged for
such service.
``(d) Termination.--This section shall not apply to liquids
used as a fuel in an aircraft after September 30, 2021.''.
(2) Conforming amendment.--Subsection (e) of
section 4082 is amended by inserting ``(other than
kerosene with respect to which tax is imposed under
section 4043)'' after ``In the case of kerosene''.
(3) Transfer of revenues to airport and airway
trust fund.--Paragraph (1) of section 9502(b) is
amended by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively, and by
inserting after subparagraph (A) the following new
subparagraph:
``(B) section 4043 (relating to surtax on
fuel used in aircraft part of a fractional
ownership program),''.
(4) Clerical amendment.--The table of sections for
subchapter B of chapter 31 is amended by adding at the
end the following new item:
``Sec. 4043. Surtax on fuel used in aircraft part of a fractional
ownership program.''.
(b) Fractional Ownership Programs Treated as Non-commercial
Aviation.--Subsection (b) of section 4083 is amended by adding
at the end the following new sentence: ``Such term shall not
include the use of any aircraft before October 1, 2015, if tax
is imposed under section 4043 with respect to the fuel consumed
in such use or if no tax is imposed on such use under section
4043 by reason of subsection (c)(5) thereof.''.
(c) Exemption From Tax on Transportation of Persons.--
Section 4261, as amended by this Act, is amended by
redesignating subsection (j) as subsection (k) and by inserting
after subsection (i) the following new subsection:
``(j) Exemption for Aircraft in Fractional Ownership
Aircraft Programs.--No tax shall be imposed by this section or
section 4271 on any air transportation if tax is imposed under
section 4043 with respect to the fuel used in such
transportation. This subsection shall not apply after September
30, 2015.''.
(d) Effective Dates.--
(1) Subsection (a).--The amendments made by
subsection (a) shall apply to fuel used after March 31,
2012.
(2) Subsection (b).--The amendment made by
subsection (b) shall apply to uses of aircraft after
March 31, 2012.
(3) Subsection (c).--The amendments made by
subsection (c) shall apply to taxable transportation
provided after March 31, 2012.
SEC. 1104. TRANSPARENCY IN PASSENGER TAX DISCLOSURES.
(a) In General.--Section 7275 is amended--
(1) by redesignating subsection (c) as subsection
(d),
(2) by striking ``subsection (a) or (b)'' in
subsection (d), as so redesignated, and inserting
``subsection (a), (b), or (c)'', and
(3) by inserting after subsection (b) the following
new subsection:
``(c) Non-tax Charges.--
``(1) In general.--In the case of transportation by
air for which disclosure on the ticket or advertising
for such transportation of the amounts paid for
passenger taxes is required by subsection (a)(2) or
(b)(1)(B), if such amounts are separately disclosed, it
shall be unlawful for the disclosure of such amounts to
include any amounts not attributable to such taxes.
``(2) Inclusion in transportation cost.--Nothing in
this subsection shall prohibit the inclusion of amounts
not attributable to the taxes imposed by subsection
(a), (b), or (c) of section 4261 in the disclosure of
the amount paid for transportation as required by
subsection (a)(1) or (b)(1)(A), or in a separate
disclosure of amounts not attributable to such
taxes.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable transportation provided after March 31,
2012.
SEC. 1105. TAX-EXEMPT BOND FINANCING FOR FIXED-WING EMERGENCY MEDICAL
AIRCRAFT.
(a) In General.--Subsection (e) of section 147 is amended
by adding at the end the following new sentence: ``The
preceding sentence shall not apply to any fixed-wing aircraft
equipped for, and exclusively dedicated to providing, acute
care emergency medical services (within the meaning of section
4261(g)(2)).''.
(b) Effective Date.--The amendment made by this section
shall apply to obligations issued after the date of the
enactment of this Act.
SEC. 1106. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY.
(a) General Rules.--
(1) Rollover of airline payment amount.--If a
qualified airline employee receives any airline payment
amount and transfers any portion of such amount to a
traditional IRA within 180 days of receipt of such
amount (or, if later, within 180 days of the date of
the enactment of this Act), then such amount (to the
extent so transferred) shall be treated as a rollover
contribution described in section 402(c) of the
Internal Revenue Code of 1986. A qualified airline
employee making such a transfer may exclude from gross
income the amount transferred, in the taxable year in
which the airline payment amount was paid to the
qualified airline employee by the commercial passenger
airline carrier.
(2) Transfer of amounts attributable to airline
payment amount following rollover to roth ira.--A
qualified airline employee who has contributed an
airline payment amount to a Roth IRA that is treated as
a qualified rollover contribution pursuant to section
125 of the Worker, Retiree, and Employer Recovery Act
of 2008, may transfer to a traditional IRA, in a
trustee-to-trustee transfer, all or any part of the
contribution (together with any net income allocable to
such contribution), and the transfer to the traditional
IRA will be deemed to have been made at the time of the
rollover to the Roth IRA, if such transfer is made
within 180 days of the date of the enactment of this
Act. A qualified airline employee making such a
transfer may exclude from gross income the airline
payment amount previously rolled over to the Roth IRA,
to the extent an amount attributable to the previous
rollover was transferred to a traditional IRA, in the
taxable year in which the airline payment amount was
paid to the qualified airline employee by the
commercial passenger airline carrier. No amount so
transferred to a traditional IRA may be treated as a
qualified rollover contribution with respect to a Roth
IRA within the 5-taxable year period beginning with the
taxable year in which such transfer was made.
(3) Extension of time to file claim for refund.--A
qualified airline employee who excludes an amount from
gross income in a prior taxable year under paragraph
(1) or (2) may reflect such exclusion in a claim for
refund filed within the period of limitation under
section 6511(a) of such Code (or, if later, April 15,
2013).
(4) Overall limitation on amounts transferred to
traditional iras.--
(A) In general.--The aggregate amount of
airline payment amounts which may be
transferred to 1 or more traditional IRAs under
paragraphs (1) and (2) with respect to any
qualified employee for any taxable year shall
not exceed the excess (if any) of--
(i) 90 percent of the aggregate
airline payment amounts received by the
qualified airline employee during the
taxable year and all preceding taxable
years, over
(ii) the aggregate amount of such
transfers to which paragraphs (1) and
(2) applied for all preceding taxable
years.
(B) Special rules.--For purposes of
applying the limitation under subparagraph
(A)--
(i) any airline payment amount
received by the surviving spouse of any
qualified employee, and any amount
transferred to a traditional IRA by
such spouse under subsection (d), shall
be treated as an amount received or
transferred by the qualified employee,
and
(ii) any amount transferred to a
traditional IRA which is attributable
to net income described in paragraph
(2) shall not be taken into account.
(5) Covered executives not eligible to make
transfers.--Paragraphs (1) and (2) shall not apply to
any transfer by a qualified airline employee (or any
transfer authorized under subsection (d) by a surviving
spouse of the qualified airline employee) if at any
time during the taxable year of the transfer or any
preceding taxable year the qualified airline employee
held a position described in subparagraph (A) or (B) of
section 162(m)(3) with the commercial passenger airline
carrier from whom the airline payment amount was
received.
(b) Treatment of Airline Payment Amounts and Transfers for
Employment Taxes.--For purposes of chapter 21 of the Internal
Revenue Code of 1986 and section 209 of the Social Security
Act, an airline payment amount shall not fail to be treated as
a payment of wages by the commercial passenger airline carrier
to the qualified airline employee in the taxable year of
payment because such amount is excluded from the qualified
airline employee's gross income under subsection (a).
(c) Definitions and Special Rules.--For purposes of this
section--
(1) Airline payment amount.--
(A) In general.--The term ``airline payment
amount'' means any payment of any money or
other property which is payable by a commercial
passenger airline carrier to a qualified
airline employee--
(i) under the approval of an order
of a Federal bankruptcy court in a case
filed after September 11, 2001, and
before January 1, 2007, and
(ii) in respect of the qualified
airline employee's interest in a
bankruptcy claim against the carrier,
any note of the carrier (or amount paid
in lieu of a note being issued), or any
other fixed obligation of the carrier
to pay a lump sum amount.
The amount of such payment shall be determined
without regard to any requirement to deduct and
withhold tax from such payment under sections
3102(a) of the Internal Revenue Code of 1986
and 3402(a) of such Code.
(B) Exception.--An airline payment amount
shall not include any amount payable on the
basis of the carrier's future earnings or
profits.
(2) Qualified airline employee.--The term
``qualified airline employee'' means an employee or
former employee of a commercial passenger airline
carrier who was a participant in a defined benefit plan
maintained by the carrier which--
(A) is a plan described in section 401(a)
of the Internal Revenue Code of 1986 which
includes a trust exempt from tax under section
501(a) of such Code, and
(B) was terminated or became subject to the
restrictions contained in paragraphs (2) and
(3) of section 402(b) of the Pension Protection
Act of 2006.
(3) Traditional ira.--The term ``traditional IRA''
means an individual retirement plan (as defined in
section 7701(a)(37) of the Internal Revenue Code of
1986) which is not a Roth IRA.
(4) Roth ira.--The term ``Roth IRA'' has the
meaning given such term by section 408A(b) of such
Code.
(d) Surviving Spouse.--If a qualified airline employee died
after receiving an airline payment amount, or if an airline
payment amount was paid to the surviving spouse of a qualified
airline employee in respect of the qualified airline employee,
the surviving spouse of the qualified airline employee may take
all actions permitted under section 125 of the Worker, Retiree
and Employer Recovery Act of 2008, or under this section, to
the same extent that the qualified airline employee could have
done had the qualified airline employee survived.
(e) Effective Date.--This section shall apply to transfers
made after the date of the enactment of this Act with respect
to airline payment amounts paid before, on, or after such date.
SEC. 1107. TERMINATION OF EXEMPTION FOR SMALL JET AIRCRAFT ON
NONESTABLISHED LINES.
(a) In General.--The first sentence of section 4281 is
amended by inserting ``or when such aircraft is a jet
aircraft'' after ``an established line''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable transportation provided after March 31,
2012.
SEC. 1108. MODIFICATION OF CONTROL DEFINITION FOR PURPOSES OF SECTION
249.
(a) In General.--Section 249(a) is amended by striking ``,
or a corporation in control of, or controlled by,'' and
inserting ``, or a corporation in the same parent-subsidiary
controlled group (within the meaning of section 1563(a)(1)
as''.
(b) Conforming Amendment.--Section 249(b) is amended--
(1) by striking all that precedes ``is the issue
price'' and inserting:
``(b) Adjusted Issue Price.--For purposes of subsection
(a), the adjusted issue price'', and
(2) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section
shall apply to repurchases after the date of the enactment of
this Act.
TITLE XII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO-ACT OF 2010
SEC. 1201. COMPLIANCE PROVISION.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on this conference
report or amendment between the Houses.
And the Senate agree to the same.
From the Committee on Transportation and
Infrastructure, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
John L. Mica,
Thomas E. Petri,
John J. Duncan, Jr.,
Sam Graves,
Bill Shuster,
Jean Schmidt,
Chip Cravaack,
Nick J. Rahall II,
Peter A. DeFazio,
Jerry F. Costello,
Leonard L. Boswell,
Russ Carnahan,
From the Committee on Science, Space, and
Technology, for consideration of sections 102,
105, 201, 202, 204, 208, 209, 212, 220, 321,
324, 326, 812, title X, and title XIII of the
House bill and sections 102, 103, 106, 216,
301, 302, 309, 320, 327, title VI, and section
732 of the Senate amendment, and modifications
committed to conference:
Ralph M. Hall,
Steven M. Palazzo,
Eddie Bernice Johnson,
From the Committee on Ways and Means, for
consideration of title XI of the House bill and
titles VIII and XI of the Senate amendment, and
modifications committed to conference:
Dave Camp,
Patrick J. Tiberi,
Sander M. Levin,
Managers on the Part of the House.
John D. Rockefeller IV,
Barbara Boxer,
Bill Nelson,
Maria Cantwell,
Kay Bailey Hutchison,
Johnny Isakson,
From the Committee on Finance:
Max Baucus,
Managers on the Part of the Senate.
Joint Explanatory Statement of the Committee of Conference
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 658), 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, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The committee of
conference met on January 31, 2012 (the Senate chairing), and
resolved their differences. The differences between the House
bill, the Senate amendment, and the substitute agreed to in
conference are noted below, except for clerical corrections,
conforming changes made necessary by agreements reached by the
conferees, and minor drafting and clarifying changes.
TITLE
House Bill
``FAA Reauthorization and Reform Act of 2011''.
Senate Bill
``FAA Air Transportation, Modernization, and Safety
Improvement Act''.
Conference Substitute
``FAA Modernization and Reform Act of 2012''
AMENDMENTS TO TITLE 49, UNITED STATES CODE
TERM
House Bill
2011 through 2014.
Senate Bill
2010 through 2011.
Conference Substitute
2012 through 2015.
TITLE I--AUTHORIZATIONS
AUTHORIZATION LEVELS ($ IN BILLIONS)
H101(a),102,103/S101,102,103,104
House bill
Section 101(a) authorizes the Federal Aviation
Administration's (FAA) Airport Improvement Program (AIP)
account at: $3.176 billion for Fiscal Year (FY) 2011; $3
billion for FY 2012; and $3 billion for FY 2013; and $3 billion
for FY 2014. It prohibits the use of AIP funds for carrying out
the Airport Cooperative Research Program or the Airports
Technology Research Program and extends the obligational
authority to September 30, 2014. It makes funds obligated in
subsection (a) available until they are spent.
Section 102 authorizes the FAA's Facilities and Equipment
(F&E) account at: $2.7 billion for FY 2011 and $2.6 billion for
FYs 2012 through FY 2014. It removes references to the
following accounts: enhanced safety and security for aircraft
operations in the Gulf of Mexico; operational benefits of wake
vortex advisory system; ground based precision navigational
aids; ground based precision navigation; standby power
efficiency program; and a pilot program to provide incentives
for development of new technologies.
Section 103 authorizes the FAA's Operations account at:
$9.403 billion for FY 2011 and $9.168 billion for FYs 2012
through FY 2014. It authorizes expenditures necessary for: the
Air Traffic Control Collegiate Training Initiative; completion
of Alaska aviation safety project regarding 3-D mapping of main
aviation corridors; and carrying out the Aviation Safety
Reporting System. The FAA's expenditure authority is also
extended through 2014. The Secretary of Transportation is
permitted to transfer funds from non-safety related programs if
appropriated funds are insufficient to meet salary, operations,
and maintenance expenses.
Senate bill
Section 101 authorizes the FAA's Operations account at
$9.336 billion in FY 2010 and $9.62 billion in FY 2011.
Section 102 authorizes the FAA's Facilities and Equipment
account at $3.5 billion in FY 2010, of which $500 million would
be derived from the newly-created Air Traffic System
Modernization Account (ATSMA); and $3.6 billion in FY 2011, of
which $500 million would be derived from the new account
established by this section.
Section 103 authorizes the FAA's Research, Engineering
and Development (R,E,&D) account at $200 million in FY 2010 and
$206 million in FY 2011. It replaces current statutory language
in--Sec. 48102(a) (which has a breakdown of how the money
should be allotted) with the authorization levels only and
strikes several paragraphs for the R,E,&D account. It requires
the FAA to establish a grant program to promote aviation
research at undergraduate and technical colleges, including
schools serving Historically Black Colleges and Universities
(HBCU) students, Hispanic, Native Alaskan and Hawaiian
populations.
Section 104 authorizes the FAA's AIP account at $4.0
billion for FY 2010 and $4.1 billion in FY 2011.
Conference Substitute
The conference committee agreed to the following funding
levels:
Section 101 authorizes the FAA's Airport Improvement
Program (AIP) account at $3.35 billion for FY 2012 through FY
2015.
Section 102 authorizes the FAA's Facilities and Equipment
(F&E) account at: $2.731 billion for FY 2012, $2.715 for FY
2013, $2.730 billion for FY 2014 and FY 2015.
Section 103 authorizes the FAA's Operations account at:
$9.653 billion for FY 2012, $9.539 billion for FY 2013, $9.596
billion for FY 2014, and $9.653 billion for FY 2015.
Section 901 authorizes the FAA's Research Engineering and
Development (R,E,&D) account at $168 million annually for FY
2012 through 2015.
FUNDING OF AVIATION PROGRAMS
H104/S105
House bill
Section 104 modifies the formula that determines the
amount made available from the Airport and Airways Trust Fund
(Trust Fund) each year to fund the FAA. The section requires
the Trust Fund support for aviation programs in FY 2011 be
equal to 90 percent of the estimated Trust Fund revenue (taxes
plus interest). In FY 2012, FY 2013 and FY 2014, the Trust Fund
appropriation should equal the sum of 90 percent of the
estimated Trust Fund revenue, plus the difference between
actual revenue and the Trust Fund appropriation in the second
preceding fiscal year. It extends the authorization of
appropriations for the general fund to 2014 and makes technical
corrections by striking ``level'' and inserting ``estimated
level'' and by striking ``level of receipts plus interest'' and
replacing it with ``estimated level of receipts plus
interest.'' Lastly, it amends enforcement of guarantees by
inserting 2014 in place of 2007.
Senate bill
Section 105 extends the budgetary treatment for the FAA's
accounts through FY 2011.
Conference Substitute
House bill modified by moving the dates in the bill
forward by one year.
DELINEATION OF NEXT GENERATION AIR TRANSPORTATION SYSTEMS
H105/S106
House bill
Section 105 requires the list of capital projects that
are part of the Next Generation Air Transportation System
(NextGen) system be included in the Airway Capital Investment
Plan.
Senate bill
Section 106 is a similar provision.
Conference Substitute
House bill.
FUNDING FOR ADMINISTRATION EXPENSES FOR AIRPORT IMPROVEMENT PROGRAM
H106/S107(a)(b)
House bill
Section 106 authorizes funds for the Airport Improvement
Program (AIP) administrative expenses (i.e., AIP approval and
oversight, national airport system planning, airport standards
development and enforcement, airport certification, and
airport-related environmental activities).
Senate bill
Section 107(a)(b) authorizes the administrative expenses
for the FAA's airports program through FY 2011.
Conference Substitute
No provision.
PASSENGER FACILITY CHARGES
H111/S201(b)
House bill
Section 111 defines Passenger Facility Charge (PFC),
makes permanent a pilot program that allows the collection of
PFCs at non-hub airports, and makes a technical correction
changing references of PFCs from ``fees'' to ``charges.''
Senate bill
Section 201(b) makes a technical correction changing
references of PFC from ``fees'' to ``charges''.
Conference Substitute
House bill.
AIRPORT ACCESS FLEXIBILITY PROGRAM
H112/S201(a)
House bill
Section 112 establishes a pilot program, at no more than
five airports, for off-airport intermodal ground access
projects related to movement of airport passengers/property,
subject to certain conditions.
Senate bill
Section 201(a) streamlines the administrative
requirements associated with PFCs, while retaining audit
controls and FAA project and expenditure oversight. It provides
requirements on any airport authority wishing to increase its
PFC, or wishing to impose a PFC to finance an intermodal ground
facility.
Conference Substitute
No provision.
GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS
H114(a),113/S202
House bill
Section 114(a) defines ``qualifications-based selection''
(QBS) as a competitive procurement process under which firms
compete for capital improvement projects on the basis of
qualifications, past experience, and specific expertise.
Section 113 instructs the U.S. Government Accountability
Office (GAO) to conduct a study of alternative means of PFC
collection to allow such charges be collected without being
included in the ticket price.
Senate bill
Section 202 requires a pilot program for direct
collection of PFCs via the internet or other means, except
through air carriers, under which there would be no cap on the
PFC. The GAO is directed to conduct a study of potential
alternative means of PFC collection.
Conference Substitute
House bill modified by dropping definition of QBS.
QUALIFICATIONS-BASED SELECTION
H114(b)/S--
House bill
Section 114(b) expresses the sense of Congress that
airports should consider the use of qualifications-based
selection in carrying out capital improvement projects using
PFCs collected with the goal of serving the needs of all
stakeholders.
Senate bill
No similar provision.
Conference Substitute
House bill.
REFORM AND STREAMLINING OF PFC AUTHORITY AND COLLECTION
H--/S201(a)
House bill
No similar provision.
Senate bill
Section 201(a) eliminates the existing statutory
requirement that PFC funding may only be used for airport
capital projects that preserve or enhance airport capacity,
safety, or security, or reduce noise. It expedites the PFC
application process by directing collection to begin upon
filing of annual reports containing required information and
after consultation with carriers and public notice requirements
instead of waiting for FAA approval of each PFC application.
This section establishes a process for filing objections to a
PFC project, and allows the Secretary of Transportation to
investigate excessive PFC collections or for revenue not being
used per law. It provides exceptions to new processes used for
intermodal ground access projects and for an increase in PFC,
both of which require prior FAA approval before collection.
Conference Substitute
House bill.
TECHNICAL AMENDMENTS AND PFC PILOT PROGRAM AT NON-HUB AIRPORTS
H111(b)/S201(a)
House bill
Section 111(b) makes the pilot program for collecting
PFCs at non-hub airports permanent.
Senate bill
Section 201(a) is a similar provision with minor
technical differences.
Conference Substitute
House bill.
PFC ELIGIBILITY FOR BICYCLE STORAGE FACILITIES
H--/S207(b)
House bill
No provision.
Senate bill
Section 207(b) prohibits PFCs from being used to
construct bicycle storage facilities.
Conference Substitute
House bill.
UPDATE ON OVERFLIGHTS
H121/S706
House bill
Section 121 requires the FAA to guarantee existing
overflight fees are reasonably related to agency costs for
providing air traffic services, and requires the FAA to adjust
the fees and begin collection of the appropriate amount. The
FAA is authorized to periodically modify the fee based on the
cost of providing such service.
Senate bill
Section 706 is similar to the House provision, but it
directs the FAA to establish an Aviation Rulemaking Committee
(ARC) to review overflight fees which the FAA must consult with
before making any adjustments to the fees or collection is
made.
Conference Substitute
House bill modified by removing language creating a
special rule for FYs 2011 through 2015 which specified that
``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)'' and by removing
language to issue a final rule with respect to the NPRM
published in the Federal Register on September 28, 2010.
REGISTRATION FEES
H122/S--
House bill
Section 122 requires the FAA to establish fees for
registration, certification and related services. It specifies
amounts for such fees in the provision for eleven services, and
requires the FAA to periodically adjust the fees when cost data
reveal that the cost of providing the service changes. Lastly,
it specifies that fees should be treated as offsetting
collections subject to appropriations.
Senate bill
No similar provision.
Conference Substitute
House bill, but with no amounts specified for the fees.
AIRPORT MASTER PLANS
H131/S--
House bill
Section 131 requires that airport master plans and
systems include in their goals a requirement to consider
passenger convenience, airport ground access, and access to
airport facilities.
Senate bill
No similar provision.
Conference Substitute
House bill.
AEROTROPOLIS TRANSPORTATION SYSTEMS
H132/S3--
House bill
Section 132 directs the Secretary of Transportation to
encourage development of aerotropolis transportation systems,
which are planned and coordinated multimodal freight and
passenger transportation networks that provide efficient, cost-
effective, sustainable, and intermodal connectivity to a
defined region of economic significance centered around a major
airport, as determined by the Secretary.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
AIRPORT IMPROVEMENT PROGRAM (AIP) DEFINITIONS
H133/S208(j),215,714(a)
House bill
Section 133(a)(1) broadens eligibility for AIP spending
to include firefighting and revenue equipment at an airport
that serves scheduled passenger operations of air carrier
aircraft designed for more than nine passengers instead of the
current limit of 20.
Section 133(a)(2) allows AIP funds to be used for glycol
recovery vehicles.
Section 133(a)(3) permits AIP funds to be used for mobile
refueler parking within a fuel farm at a non-primary airport,
if required by an Environmental Protection Agency (EPA) rule,
terminal development costs, air conditioning/heating/
electricity from terminal facilities, and equipment for parked
aircraft to reduce energy consumption.
Section 133(b) amends the definition of airport planning
to include an environmental management system and recycling.
Section 133(c) defines ``general aviation airport.''
Section 133(d) defines ``revenue producing aeronautical
support facilities,'' which allows non-primary airports to use
their entitlements to build or rehabilitate new facilities that
can help generate revenue.
Section 133(e) redefines ``terminal development'' to
include development of an airport passenger terminal building,
including gates and access roads and walkways.
Senate bill
Section 208(j) is the same provision as House section
133(a)(3).
Section 215 is the same provision as House section
133(a)(2).
No similar provision.
No similar provision.
Section 714(a) is the same provision as House section
133(b).
No similar provision.
No similar provision.
Conference Substitute
House bill.
RECYCLING PLANS FOR AIRPORTS
H134/S714(b)
House bill
Section 134 requires airport master plans to: address the
feasibility of solid waste recycling at an airport, minimizing
the generation of waste, operation and maintenance
requirements, the review of waste management contracts, and the
potential for cost savings or the generation of revenue.
Senate bill
Section 714(b) is a similar provision, but includes
additional requirements for master plans.
Conference Substitute
House bill.
CONTENTS OF COMPETITION PLANS
H135/S--
House bill
Section 135 removes requirements for ``patterns of air
services'' and ``airfare levels (as compiled by DOT) compared
to other large airports'' from the requirements of a
competition plan for PFC charges.
Senate bill
No similar provision.
Conference Substitute
House bill.
GRANT ASSURANCES
H136/S203
House bill
Section 136(a),(b) permits the Secretary of
Transportation to allow grants to be used for relocating or
replacing existing airport facilities.
Section 136(b)(1) revises requirements on acquiring lands
to permit an airport to keep any funds obtained from the sale
of lands acquired for noise compatibility purposes and reinvest
those funds in the airport or transfer those funds to another
airport consistent with the statute. It removes a requirement
to return the proportion equal to the government share in
acquiring the land to the Secretary.
Section 136(b)(2) sets the priorities which apply to the
Secretary's decision to approve reinvestment or transfer of
proceeds from the sale of land acquired for noise
compatibility. Priorities are: 1) reinvestments in an approved
noise compatibility project; 2) reinvestment in an approved
project that is eligible for funding; 3) reinvestment in an
approved airport development project that is eligible for
funding under Sec. 47114, 47115, or 47117; 4) transfer to a
sponsor of another public airport to be reinvested in an
approved noise compatibility project; and 5) deposit into the
Airport and Airway Trust Fund.
Section 136(c) makes a technical correction to
47107(e)(2)(iii) by deleting ``the Fund'' and inserting ``the
Airport and Airway Trust Fund established under section 9502 of
the Internal Revenue Code of 1986.''
Section 136(d) makes the Competition Disclosure
Requirement pilot program permanent. No similar provision.
Senate bill
Section 203 is a similar provision.
Section 203 is similar, but allows airports that receive
improvement grants for the purchase of land to lease the land
and develop the land in a manner compatible with noise
buffering purposes.
Section 203 adds that a lease by an airport owner or
operator of land acquired for a noise compatibility purpose
using an improvement grant will not be considered a disposal,
and allows revenues from the lease to be used for ongoing
airport operational and capital purposes.
No similar provision.
No similar provision.
Section 203 adds the phrase ``serving as noise buffer
land'' to clarify that such land is one of the land
acquisitions subject to disposal at the earliest practicable
time after it is no longer needed for the intended noise
compatibility purpose.
Conference Substitute
House bill with the language from the Senate bill section
203 related to ``serving as noise buffer land'' added.
AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL AVIATION
AIRPORTS
H137/S--
House bill
Section 137 requires that the sponsor of a general
aviation airport will not be in violation of a grant assurance
as a condition for the receipt of federal funds solely because
the sponsor entered into an agreement to allow a person, who
owns residential real property adjacent to the airport, access
to the airfield of the airport.
Senate bill
No similar provision.
Conference Substitute
House bill modified to include language in the agreement
between an airport sponsor and a property owner prohibiting any
aircraft refueling from occurring on that property, and
includes a definition of ``general aviation airport''.
GOVERNMENT SHARE OF PROJECT COSTS
H138/S204,207
House bill
Section 138 adds a special rule for transition from small
hub to medium hub which limits the government share of funding
to 90 percent for the first two years following the change in
status. The government share is set at 95 percent for a project
at an airport that is receiving subsidized air service and is
located in an area that meets one or more of the criteria for
economically depressed communities established by the Secretary
of Commerce.
Senate bill
Section 204(a) establishes a special rule to allow for
small hub airports that have increased operations and therefore
are being reclassified as medium hub airports to retain their
eligibility for two years at up to a 95 percent government
share of projects costs.
Section 204(b) extends the project cost for transitioning
Airport Improvement Project (AIP) projects through FY 2011.
Section 207 sets the government share at 95 percent for
certain projects at small airports if it is funded by a grant
issued to, and administered, by a State under the State block
grant program or for any project at an airport other than a
primary airport having at least 0.25 percent of the total
number of passenger boardings at all commercial service
airports.
Conference Substitute
House bill.
ALLOWABLE PROJECT COSTS
H139/S214,205
House bill
Section 139(a) amends allowable AIP project costs to
include costs for airport development incurred prior to the
execution of the grant agreement if: 1) the cost is incurred in
the same fiscal year as the execution of the grant agreement;
2) the cost was incurred before execution due to a short
construction season in the vicinity of the airport; 3) the cost
is in accordance with the approved airport layout plan; 4) the
sponsor notifies the Secretary of Transportation before
commencing work; 5) the sponsor has an alternative funding
source available to fund the project; and/or 6) the sponsor's
decision to proceed with the work does not affect the priority
assigned to the project by the Secretary for the allocation of
discretionary funds.
Section 139(b) amends allowable AIP project costs to
include costs incurred to improve the efficiency of an airport
building (i.e., a measure designed to meet one or more of the
criteria for being considered a high-performance green building
as set forth under the Energy Independence and Security Act of
2007), and: 1) the measure is for a project for airport
development; 2) the measure is for an airport building that is
otherwise eligible for construction assistance; and/or 3) 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.
Section 139(c) provides the Secretary discretion in
determining that the costs of relocating or replacing and
airport-owned facility are allowable, to those instances in
which: 1) the Government's share will be paid with funds
apportioned to the airport sponsor; 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 the change is beyond the control of the sponsor.
Section 139(d) clarifies that the Secretary may determine
that the cost of constructing revenue-producing aeronautical
support facilities at non-primary airports is allowable.
No similar provision.
Senate bill
Section 214 is a similar provision to House section
142(a), but requires the Secretary to consider the short
construction season in some areas when selecting projects for
AIP discretionary funding.
No similar provision.
Section 205 is a similar provision to House section
139(c).
No similar provision.
Section 205 includes a requirement for the Administrator
to analyze the conclusions of ongoing studies with commercially
available bird radar systems within 180 days of enactment and,
if it is determined that the systems have no negative impact on
existing navigational aids and that the expenditure is
appropriate, shall allow purchase of bird-detecting radar
systems as an allowable airport development project cost. If
the Administrator concludes that such radar systems will not
improve or will negatively impact airport safety, the
Administrator shall issue a report explaining that
determination.
Conference Substitute
House bill with the inclusion of Senate language on bird
radar systems and short construction season.
VETERANS' PREFERENCE
H140/S208(b)
House bill
Section 140 amends the definition of ``Vietnam-era
veteran'' and adds veterans from the Afghanistan/Iraq conflict
and Persian Gulf War to the definition of those veterans
eligible for employment preference on Airport Improvement
Program (AIP) projects. It adds a provision requiring that a
contract involving labor for carrying out an airport
development project under a grant agreement include a
preference for the use of small business concerns owned and
controlled by disabled veterans.
Senate bill
Section 208(b) is a similar provision.
Conference Substitute
House bill.
MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION
H141,822/S715,703
House bill
Section 141 requires the Secretary to establish, within a
year of enactment, a mandatory training program for certain
airport agents or officials on certifying whether a small
business concern qualifies as a small business concern owned
and controlled by socially and economically disadvantaged
individuals under the Disadvantaged Business Enterprise (DBE)
Program.
Section 822 requires the Inspector General of the
Department of Transportation (DOT IG) to report on the number
of new small business concerns owned and controlled by socially
and economically disadvantaged individuals, including those
owned by veterans, that participated in the programs and
activities funded using the amounts made available under this
Act.
No similar provision.
No similar provision.
Senate bill
Section 715(c) is a similar provision to House section
141.
Section 703 authorizes the appointment of three staff to
implement the training program.
Section 715(a), (b), (d), (e), (f) adjusts the personal
net worth cap for individuals participating in the DBE program.
Section 715(g) directs the Secretary to create a program
to eliminate barriers to small business participation in
contract and issue a final rule within one year of enactment.
Conference Substitute
The conference committee agreed to a modified and merged
version of House and Senate bills, including findings of the
Senate bill, with clarifications, recounting evidence of
discrimination and concluding that a compelling need exists for
continuation of the airport disadvantaged business enterprise
(DBE) program and the airport concessions DBE program.
SPECIAL APPORTIONMENT RULES
H142/S208(i), (h)
House bill
Section 142(a) gives the Secretary of Transportation
authority to apportion to an airport sponsor in a fiscal year
an amount equal to the minimum apportionment available to the
airport sponsor in the previous fiscal year, if the airport
received scheduled or unscheduled air service from a large
certificated carrier in the calendar year used to calculate the
apportionment, and the airport had more than 10,000 passenger
boardings in the calendar year used to calculate the
apportionment.
Section 142(b) continues a special apportionment for
airports that remain affected by the decrease in passengers
following the terrorist attacks of September 11, 2001, through
2012.
No similar provision.
Senate bill
Section 208(i) is a similar provision to House section
142(a) and (b).
Section 208(h) amends the special apportionment
categories by change the special apportionment from ``thirty
five percent'' to a fixed amount of ``$300 million'' annually
for grants for various airport noise, compatible land use, and
Clean Air Act compliance projects. It adds certain water
quality mitigation projects to those on which such funds may be
expended.
Conference Substitute
House Bill, section 142 with modified dates changed from
``2011 and 2012'' to ``2012 and 2013'', and Senate section
208(h) modified with the substitution of ``35 percent, but not
more than $300 million''.
UNITED STATES TERRITORIES MINIMUM GUARANTEE
H143/S--
House bill
Section 143 directs the Secretary of Transportation to
apportion AIP amounts for airports in Puerto Rico, does not
prohibit the Secretary from making project grants for airports
in Puerto Rico from discretionary funds.
Senate bill
No similar provision.
Conference Substitute
House bill modified to include language that addresses
Puerto Rico and other U.S. territories.
APPORTIONMENT
H144/S--
House bill
Section 144 resets the apportionment trigger from $3.2
billion to $3 billion.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
REDUCING APPORTIONMENTS
H145/S--
House bill
Section 145 addresses inequitable application of
apportionment fees charged to passengers in the state of
Hawaii.
Senate bill
No similar provision.
Conference Substitute
House bill.
MARSHALL ISLANDS, MICRONESIA, AND PALAU
H146/S704(a)
House bill
Section 146 makes the Marshall Islands, Micronesia and
Palau eligible for AIP discretionary grants and funding from
the Small Airport Fund.
Senate bill
Section 704(a) is a similar provision.
Conference Substitute
House bill.
DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS
H147/S220, 212
House bill
Current law allows the Secretary of Transportation to
designate current or former military airports eligible for
grants under the Military Airport Program (MAP). Section 147(a)
adds to the items that must be considered to approve a grant
the requirement that it preserves or enhances minimum airfield
infrastructure facilities at former military airports to
support emergency diversionary operations for transoceanic
flights in locations in U.S. jurisdiction or control, and where
there is a lack of airports within the distance required by
regulations.
Section 147(b) allows up to three general aviation
airports to participate in the FAA's Military Airport Program.
Section 147(c) makes current or former military airports
eligible to be considered for AIP funding if that airport is
found to be critical to the safety of trans-oceanic air
traffic.
Senate bill
No similar provision.
Section 220 is a similar provision to House section
147(b) and, however it allows a total of three general aviation
airports to participate in the Military Airport Program.
Section 212 is a similar provision to House section
147(c).
Conference Substitute
House bill modified.
CONTRACT TOWER PROGRAM
H148/S432
House bill
Section 148(a) directs the Secretary of Transportation to
extend the low activity (Visual Flight Rules) level I air
traffic control tower (ATC) contract program to other low-
activity towers meeting the requirements set forth by the
Secretary of Transportation where the airport operator has
requested to participate in the program.
Section 148(a) also adds a special rule which alleviates
the responsibility of the airport sponsor or State or local
government to paying the portion of the costs that exceed the
benefits for a period of 18 months after the Secretary
determines that a level I tower operating under this program
has a benefit to cost ratio of less than 1.0.
Section 148(b) caps the maximum allowable cost share for
an airport with fewer than 50,000 annual passenger enplanements
at 20 percent of the cost of operating an ATC tower under the
contract tower program, and sunsets this requirement on
September 30, 2014.
Section 148(b) also permits the Secretary to use excess
funds from the contract tower program intended for level I
towers to fund activities for non-approach contract towers.
Section 148(c) increases the maximum amount of funds that
can be expended in carrying out the Contract Tower Program for
non-approach contract towers at not more than $8.5 million for
each of FYs 2011 through 2014.
Section 148(d) increases the limitation on the amount of
the federal share of the cost of construction of a non-approach
control tower from $1.5 million to $2 million.
Section 148(e) requires the establishment of uniform
safety standards and requirements for safety assessments of ATC
towers that receive funding.
Senate bill
Section 432(b) is the same provision as House section
148(b) but caps the maximum allowable local share at 20
percent.
Section 432(a) is the same provision as House section
148(a).
Section 432(c) is a similar provision to House section
148(c), but it specifies that not more than $9.5 million in FY
2010 and not more than $10 million in FY 2011 can be used.
Section 432(d) is the same provision as House section
148(d).
Section 432(e) is the same provision as House section
148(e).
Conference Substitute
House bill modified by adjusting the authorization
levels, and by deleting: (1) language capping the local cost
share at 20 percent: and (2) provisions requiring the Secretary
of Transportation to expand the Contract Tower Program. Under
the agreement (in the modified section), the Secretary retains
the authority to expand the program.
RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES
H149/S431
House bill
Section 149 updates current law that addresses the
resolution of disputes concerning airport fees by the Secretary
of Transportation to include foreign air carriers in payment by
airports under protest.
Senate bill
Section 431 is the same provision.
Conference Substitute
House bill.
SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR
H150/S206
House bill
Section 150(a) exempts funds from the sale of an airport
to a public sponsor from use restrictions. This exemption
applies where the Secretary of Transportation approves the
sale, federal grants are provided for any portion of the public
sponsor's acquisition of the airport, and certain amounts of
remaining airport improvement grants are repaid to the
Secretary.
Section 150(a) also specifies that recovery of grant
funds are treated as recovery of prior year obligations.
Section 150(b) specifies that this section is applicable
to grants issued on or after October 1, 1996.
Senate bill
Section 206 is a similar provision to House section
150(a), but it specifies that proceeds are repaid to the
Airport and Airway Trust Fund for airport acquisitions.
No similar provision.
Section 206 is an identical provision to House section
150(b).
Conference Substitute
House bill.
REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN WASHINGTON AIRPORTS
AUTHORITY (MWAA)
H151/S718
House bill
Section 151 repeals the limitations on Metropolitan
Washington Aviation Authority to apply for Airport Improvement
Program grants and collect Passenger Facility Charges.
Senate bill
Section 718 is a similar provision.
Conference Substitute
House bill.
MIDWAY ISLAND AIRPORT
H152/S704(b)
House bill
Section 152 provides a four-year extension for the
Secretary of Transportation to enter into a reimbursable
agreement with the Secretary of the Interior to provide AIP
discretionary funds for airport development projects at Midway
Island Airport through FY 2014.
Senate bill
Section 704(b) is a similar provision, but the extension
would expire at the end of the term of the Senate bill in FY
2011.
Conference Substitute
House bill.
MISCELLANEOUS AMENDMENTS
H153/S208(a)(c)(e)(f)(g)
House bill
Section 153(a) makes a technical change to requirements
for the National Plan of Integrated Airport Systems (NPIAS),
which comprises all commercial service airports, all reliever
airports, and selected general aviation airports.
Section 153(b) permits the Secretary of Transportation to
approve a project for terminal development (including
multimodal terminal development) in a nonrevenue-producing
public-use area of a commercial service airport if the sponsor
certifies that the airport: (1) has all the safety equipment
required and security equipment required by regulation; (2)
provides access for passengers to the area of the airport
boarding or exiting aircraft that are not air carrier aircraft;
(3) costs are directly related to moving passengers and baggage
in air commerce within the airport; and (4) meets the terms
necessary to protect the interest of the government.
Section 153(b) directs the Secretary to approve as
allowable costs of terminal development (including multimodal
terminal development) in a revenue-producing area and
construction, reconstruction, repair and improvement in a non-
revenue producing parking lot under certain circumstances.
Section 153(b) prohibits the Secretary from distributing
more than $20 million from discretionary funds for terminal
development projects at a non-hub airport or a small hub
airport that is eligible to receive discretionary funds.
Section 153(c) makes technical changes to the annual
reporting requirements by moving the due date to June 1 of each
year. Also, it removes the first four report requirements and
replaces them with: (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; and (4) the allocation of appropriations.
Section 153(d) makes a technical correction to the
emission credits provision.
Section 153(e) makes a technical correction to section
Sec. 46301(d)(2).
Section 153(f) makes a conforming amendment to
Sec. 40117(a)(3)(B) and 47108(e)(3).
Section 153(g) makes a technical correction to the
surplus property authority section.
Section 153(h) updates the definition of ``Congested
Airport'' to include the FAA's Airport Capacity Benchmark
Report of 2004 ``or table 1 of the Federal Aviation
Administration's most recent airport capability benchmark
report, as well as the definition of ``Joint Use Airport''.
Senate bill
Section 208(a) is the same as House section 153(a).
No similar provision.
No similar provision.
No similar provision.
Section 208(c) is the same as House section 153(c).
Section 208(e) is the same as House section 153(d).
No similar provision.
Section 208(f) is a similar to House section 153(g).
Section 208(g) is a similar to House section 153(h), but
changes definition for ``Joint Use Airport''.
Conference Substitute
House bill.
EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING AND
PROJECTS BY STATE AND LOCAL GOVERNMENTS
H154/S--
House bill
Section 154 extends the grant authority for compatible
land use planning and projects by State and local governments
until September 30, 2014.
Senate bill
No similar provision.
Conference Substitute
House bill.
PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD WEATHER STATES
H155/S724
House bill
Section 155 instructs the Administrator to schedule
reviews of construction projects that are prevented by weather
from being carried out before May 1 of each year, or as early
as possible.
Senate bill
Section 724 directs the Administrator to review, as early
as possible, proposed airport projects in those states where,
during a typical calendar year, construction could not begin
until May 1.
Conference Substitute
House bill.
STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS (NPIAS)
H156/S--
House bill
Section 156 requires the Secretary of Transportation to
study and evaluate the formulation of the National Plan of
Integrated Airport Systems (NPIAS) and report to Congress on
the findings and recommended changes for formulating the NPIAS
and methods to determining the amounts apportioned to airports.
The study is to address the following: 1) criteria used for
including airports in the plan; 2) 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 AIP in airport
apportionments, State apportionments, and discretionary grants
during fiscal years with capital needs as reported in the plan;
4) the effect of transfers of airport apportionments under
title 49 United States Code (U.S.C.); 5) an analysis on the
feasibility and advisability of apportioning amounts under
47114(c)(1) 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 FY 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; and 7) any other matters
pertaining to the plan that the Secretary determines
appropriate.
Senate bill
No similar provision.
Conference Substitute
House bill.
TRANSFERS OF TERMINAL AREA AIR NAVIGATION EQUIPMENT TO AIRPORT SPONSORS
H157/S--
House bill
Section 157 establishes a pilot program to allow the
Administrator to transfer terminal area air navigation
equipment to airport sponsors at a specified number of
airports. The airport sponsors must assure the Administrator
that the sponsors will operate and maintain the equipment,
permit inspections by the Administrator, and will replace
equipment as needed. This transfer will include all rights,
title and interests of the U.S. to the sponsor at no cost to
the sponsor.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
AIRPORT PRIVATIZATION PROGRAM
H158/S--
House bill
Section 158(a) amends current law relating to specific
provisions for issuance of exemptions in connection with a
transfer of airport operation to a private owner. This section
authorizes the Secretary of Transportation to expand the number
of airports from five to ten airports. The Secretary is
authorized to exempt the selling airport sponsor from the
revenue diversion prohibition after the Secretary has consulted
the air carrier serving the primary airport, and in the case of
non-primary airport, with at least 65 percent of owners of
aircraft based at that airport (thereby eliminating the
existing requirement that the selling airport sponsor obtain
the approval of at least 65 percent of the air carriers serving
the airport before the revenue diversion prohibition can be
waived.)
Section 158(b) removes the requirement that the Secretary
must ensure that the airport fee imposed on air carriers will
not increase more than inflation; the percent increase on fees
to general aviation will not exceed the percentage of fees
imposed on air carriers; and collective bargaining agreements
will not be abrogated by sale or lease. It prohibits an airport
from imposing a fee on a domestic or foreign air carrier for a
return on investment or recovery of principal with respect to
consideration paid to public agency for the lease unless the
air carriers approve.
Senate bill
No similar provision.
Conference Substitute
House bill modified by dropping all language except
language on expansion of the airport privatization program from
five to ten airports.
AIRPORT SECURITY PROGRAM
H--/S208(d)
House bill
No similar provision.
Senate bill
Section 208(d) sunsets the Airport Security Program.
Conference Substitute
House bill.
MINIMUM GUARANTEE
H--/S217
House bill
No similar provision.
Senate bill
Section 217 amends the Alaska minimum guarantee to permit
the Secretary of Transportation to apportion to the local
authority of a U.S. Territory the difference between the amount
apportioned to the territory and 1.5 percent of the total
amount apportioned to all airports under subsections (c) and
(d) of 47144.
Conference Substitute
Senate bill provision incorporated in the section
entitled ``United States territories minimum guarantee''.
RESEARCH IMPROVEMENT FOR AIRCRAFT
H--/S216
House bill
No similar provision.
Senate bill
Section 216 expands the type of research that the
Administrator may conduct or supervise to include research to
support programs designed to reduce gases and particulates
emitted by aircraft.
Conference Substitute
House bill.
MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA
H--/S218
House bill
No similar provision.
Senate bill
Section 218 modifies current federal restrictions at
Merrill Field Airport in Anchorage, Alaska to facilitate
airport and federal highway development.
Conference Substitute
Senate bill dropped due to the inclusion of language
addressing this provision in the section entitled ``Release
from Restrictions''.
INCLUSION OF MEASURES TO IMPROVE THE EFFICIENCY OF AIRPORT BUILDINGS
H--/S222
House bill
No similar provision.
Senate bill
Section 222 specifies that AIP funds can be used for
updating buildings to meet high-performance green building
standards.
Conference Substitute
House bill.
TITLE II--NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC
CONTROL MODERNIZATION
DEFINITIONS
H201/S327
House bill
Section 201 defines the terms: ``NextGen,'' ``Automatic
Dependent Surveillance Broadcast (ADS-B)'', ``ADS-B In'',
``ADS-B Out,'' ``Area Navigation (RNAV)'', and ``Required
Navigation Performance (RNP).''
Senate bill
Section 327 sets out definitions for ``Administration'',
``Administrator'', ``NextGen,'' and the ``Secretary''.
Conference Substitute
House bill.
NEXTGEN DEMONSTRATIONS AND CONCEPTS
H202/S--
House bill
Section 202 directs the Secretary of Transportation when
allocating funds to give priority to NextGen-specific programs.
Senate bill
No similar provision.
Conference Substitute
House bill with minor modification.
CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE AGREEMENTS
H203/S304
House bill
Section 203 clarifies FAA's existing authority to perform
work for other agencies with or without reimbursement.
Senate bill
Section 304 is a similar provision.
Conference Substitute
House bill.
CHIEF NEXTGEN OFFICER
H204/S302,301
House bill
Section 204 establishes a new position within the FAA--
the Chief NextGen Officer (CNO)--who would be responsible for
the implementation of NextGen programs. The Chief NextGen
Officer shall be answerable to the Administrator and appointed
for a term of 5 years to serve at the pleasure of the
Administrator. The section directs the CNO to coordinate
NextGen implementation with the Office of Management and Budget
and other federal agencies. It requires the CNO to prepare an
annual NextGen implementation plan.
Senate bill
Section 302 is a similar provision, but with a technical
difference and a requirement that the CNO oversee the Joint
Planning and Development Office's (JPDO) facilitation of
cooperation among all federal agencies whose operations and
interests are affected by NextGen implementation.
Section 301 replaces current Management Advisory Council
and Air Traffic Services Committee with one governance body--
the Air Traffic Control Modernization Oversight Board.
Conference Substitute
House bill.
DEFINITION OF AIR NAVIGATION FACILITY
H205/S310
House bill
Section 205 updates and broadens the definition of an air
navigation facility to clarify that F&E funding may be used for
many capital expenses directly related to the acquisition or
improvement of buildings, equipment, and new systems related to
the national airspace system and NextGen.
Senate bill
Section 310 is a similar provision.
Conference Substitute
House bill.
CLARIFICATION TO ACQUISITION REFORM AUTHORITY
H206/S305
House bill
Section 206 repeals a provision with limits on ``other
than competitive procedures'' that conflicts with the FAA's
1996 procurement reform.
Senate bill
Section 305 is a similar provision.
Conference Substitute
House bill.
ASSISTANCE TO FOREIGN AVIATION AUTHORITIES
H207/S306
House bill
Section 207 clarifies the FAA's current authority to
provide air traffic services abroad, whether or not the foreign
entity is private or governmental, and that the FAA may
participate in any competition to provide such services. It
clarifies that the Administrator may allow foreign authorities
to pay in arrears rather than in advance, and that any payment
for such assistance may be credited to the current applicable
appropriations account.
Senate bill
Section 306 is a similar provision.
Conference Substitute
House bill.
NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING AND
DEVELOPMENT OFFICE
H208/S309(a)
House bill
Section 208(a) elevates the Director of the Joint
Planning and Development Office (JPDO) to the level of
Associate Administrator for NextGen, reporting directly to the
Administrator. The responsibilities of the Director will
include: 1) establishing specific quantitative goals for the
safety, capacity, efficiency, performance, and environmental
impacts of each phase of NextGen planning and development
activities; 2) working to ensure global interoperability of
NextGen; 3) working to ensure the use of weather information
and space weather information in NextGen as soon as possible;
4) overseeing, with the Administrator and in consultation with
the Chief NextGen Officer (CNO), the selection of products or
outcomes of Research, Engineering and Development activities
that should be moved to a demonstration phase; and 5)
maintaining a baseline modeling and simulation environment for
testing and evaluating alternative concepts to satisfy NextGen
enterprise architecture requirements.
Section 208(a) directs the Associate Administrator for
NextGen to also be a voting member on the Joint Resources
Council.
Section 208(a) requires the JPDO to coordinate NextGen
activities with OMB.
Section 208(a) requires the Department of Defense (DOD),
Department of Homeland Security (DHS), Department of Commerce,
and the National Aeronautics and Space Administration (NASA) to
designate a senior official to work with the FAA on NextGen
implementation.
Section 208(b) requires the JPDO to develop an Integrated
Work Plan that will outline the activities required by partner
agencies to achieve NextGen.
Section 208(c) directs FAA to annually publish a NextGen
Implementation Plan.
Section 208(d) requires the head of JPDO to develop
contingency plans for dealing with the degradation of the
system in the event of a disaster or failure.
Senate bill
No similar provision.
No similar provision.
No similar provision.
Section 309(a) is a similar provision as House section
208(a), but creates a NextGen Implementation Office, which will
be established by FAA, DOD, NASA, Commerce, DHS and other
applicable agencies.
No similar provision.
No similar provision.
No similar provision.
Conference Substitute
House bill.
NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE
H209/S309(b)
House bill
Section 209 requires each agency involved in implementing
NextGen initiatives to participate in an Air Transportation
Senior Policy Committee. This committee will meet biannually
and will be responsible for producing an annual report
summarizing the progress made in carrying out the NextGen
integrated work plan. The Secretary of Transportation is
directed to publish an annual report on the date of submission
of the President's Budget, summarizing the progress made in
carrying out the integrated work plan.
Senate bill
Section 309(b) is a similar provision but with a
requirement that the Senior Policy Committee meet once each
quarter.
Conference Substitute
House bill.
IMPROVED MANAGEMENT OF PROPERTY INVENTORY
H210/S311
House bill
Section 210 clarifies FAA's current authority to purchase
and sell property needed for airports and air navigation
facilities, and includes the authority to retain funds
associated with disposal of property.
Senate bill
Section 311 is a similar provision, but does not allow
these funds to be used to offset costs of property disposal.
Conference Substitute
House bill.
AUTOMATIC DEPENDENT SURVEILLANCE BROADCAST SERVICES
H211/S315
House bill
Section 204 requires an annual audit by the DOT IG of the
FAA's ADS-B program to assist Congress in creating FAA
accountability for implementing the ADS-B program. It directs
the Administrator to initiate a rulemaking proceeding within
one year after the date of enactment to issue guidelines and
regulations relating to ADS-B In technology. Requires the Chief
NextGen Officer to verify that the necessary ground
infrastructure is installed and functioning properly,
certification standards have been approved, and appropriate
operational platforms interface safely and efficiently before
the date on which all aircraft are required to be equipped with
ADS-B In technology. The Administrator is directed to develop,
in consultation with employee and industry groups, plans for
the use of ADS-B technology, including testing, controller
training, and policy for early aircraft equipage.
Senate bill
Section 315 is a similar provision, but requires a
defined budget and the identification of actual benefits to
national airspace system (NAS) users including small and
medium-sized airports and the general aviation community. It
requires two rulemakings by the FAA: 1) to complete a
rulemaking procedure within 45 days of enactment and mandate
that all aircraft should be equipped with ADS-B Out technology
by 2015; and 2) to initiate a rulemaking procedure on ADS-B In
technology and require all aircraft to be equipped with ADS-B
In by 2018. The FAA is required to create a plan for ADS-B
technology use by air traffic control by 2015, including a test
of ADS-B prior to 2015 within the plan. It sets conditional
extensions of the deadline for equipping aircraft with ADS-B
technology.
Conference Substitute
House bill modified to include an additional requirement
in the DOT IG review to identify ``any potential operational or
workforce changes resulting from deployment of ADS-B''.
ACCELERATION OF NEXTGEN TECHNOLOGIES
H213/S314,510
House bill
Section 213(a) requires the Administrator to publish a
report within six months (but after consultation with employee
groups) that includes how FAA will develop: 1) Area Navigation
and Required Navigation Performance (RNAV/RNP) procedures at 35
Operational Evolution Partnership (OEP) airports identified by
FAA; 2) a description of requirements to implement them; 3) an
implementation plan; 4) an assessment of the cost/benefit for
using third parties to develop procedures; and 5) a process for
creating future RNA/RNP procedures. (The FAA is directed to
implement 30 percent of these procedures within 18 months, 60
percent within 36 months, and 100 percent by June 2015.
Section 213(b) establishes a charter with Performance
Based Navigation ARC as necessary to establish priorities in
navigation performance and area navigation procedures based on
potential safety and efficiency benefits to the NAS, including
small and medium hub airports.
Section 213(c) states that performance and area
navigation procedures under this section shall be presumed
covered by categorical exclusion in Chapter 3 of FAA Order
1050.1E.
Section 213(d) directs the Administrator to submit a
development plan in one year for nationwide data communications
systems.
Section 213(e) instructs the Administrator to outline in
the NextGen Implementation Plan what utilization of ADS-B, RNP
and other technologies included as part of NextGen
implementation will display position of aircraft more
accurately, and the feasibility of reducing aircraft separation
standards. Should it be deemed feasible to reduce aircraft
separation standards, the Administrator shall produce a
timetable for implementation of such standards.
Section 213(f) establishes a program in which the
Administration will utilize third parties to develop air
traffic procedures.
Senate bill
Section 314 directs the Administrator to publish a report
within six months, after consultation with stakeholders,
including the development of: 1) RNP/ RNAV procedures at 137
airports; 2) a description of the activities required for their
implementation; 3) an implementation plan that includes
baseline and performance metrics; 4) assessment of the
benefits/costs of using third parties to develop the
procedures; and 5) a process for the creation of future RNP and
RNAV procedures. The Administrator must implement 30 percent of
the procedures within 18 months of enactment, 60 percent within
36 months of enactment, and 100 percent by 2014. The
Administrator is directed to create a plan for the
implementation of procedures at the remaining airports across
the country. It would require 25 percent of the procedures at
these airports to be implemented within 18 months after
enactment, 50 percent within 30 months after enactment; 75
percent within 42 months after enactment, and 100 percent
before 2016. The charter of the Performance Based Navigation
ARC is extended and directs it to establish priorities for
development of the RNP/RNAV procedures based on potential
safety and congestion benefits. It would require that the
process of the development of such procedures be subject to a
previously established environmental review process. The FAA is
directed to provide Congress with a deployment plan for the
implementation of a nationwide data communications system to
support NextGen air traffic control and a report evaluating the
ability of NextGen technologies to facilitate improved
performance standards for aircraft in the NAS.
Conference Substitute
House bill modified to change language to separate OEP
and non-OEP airports to establish separate timelines and
milestones, to require the FAA to provide a categorical
exclusion for RNP/RNAV procedures that would lead to a
reduction in aircraft fuel consumption, emissions and noise on
an average per flight basis, and to direct the Administrator to
establish a program under which the Administrator is authorized
to utilize the services of qualified third parties in the
development, testing, and maintenance of flight procedures.
DOT INSPECTOR GENERAL REVIEW OF OPERATIONAL APPROACH PROCEDURES BY
THIRD PARTY
H--/S510(b)
House bill
No similar provision.
Senate bill
Section 510(b) directs the DOT IG review and report to
Congress on FAA's oversight of third party development of
flight procedures, the extent of new flight procedures
developed by third parties, and whether FAA has the resources
to develop these procedures without the use of third parties.
Conference Substitute
House bill.
PERFORMANCE METRICS
H214/S317
House bill
Section 214 requires the FAA, within 180 days after
enactment, to establish and track NextGen related performance
metrics within the national airspace system and to submit an
annual report to Congress based on the results of the study.
Senate bill
Section 317 is a similar provision, but it has some
different metrics including ones to demonstrate reduced fuel
burn and emissions.
Conference Substitute
House bill. The conference committee believes that
performance metrics are the best way to evaluate the FAA's
progress in implementing NextGen. With these metrics, Congress
and the public will be able to determine the Administration's
real progress in the delivery of NextGen benefits, which is the
goal of the NextGen program.
CERTIFICATION STANDARDS AND RESOURCES
H215/S318
House bill
Section 215 requires the FAA to develop a plan to
accelerate the certification of NextGen technologies.
Senate bill
Section 318 is a similar provision, but it prohibits the
FAA from making any distinction between publicly and privately
owned equipment when determining certification requirements.
Conference Substitute
House bill modified to include language prohibiting the
FAA from making any distinction between publicly and privately
owned equipment when determining certification requirements.
SURFACE SYSTEMS ACCELERATION
H216/S321
House bill
Section 216 directs the Chief Operation Officer of the
Air Traffic Organization (ATO) to: 1) evaluate Airport Surface
Detection Equipment-Model X (ASDE-X); 2) evaluate airport
surveillance technologies; 3) accelerate implementation of
ASDE-X; and 4) carry out additional duties as required by the
Administrator. The Administrator is required to consider
options for expediting the certification of Ground-Based
Augmentation System (GBAS) technology, and develop plans to
utilize such a system at the 35 OEP airports by September 30,
2012.
Senate bill
Section 321 is a similar provision, however it directs
the FAA to consider expediting the certification of Ground
Based Augmentation Systems (GBAS) technology and develop a plan
to utilize it at the 35 OEP airports by September 30, 2012.
Conference Substitute
House bill.
INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION PROJECTS
H217/S322
House bill
Section 217 requires the Administrator to create a
process for including union employees in the planning,
development, and deployment of air traffic control projects.
Within 180 days of enactment, the FAA must report to Congress
on implementation of this provision.
Senate bill
Section 322 is a similar provision, but it provides
travel and per diem expenses for the employees.
Conference Substitute
House bill modified, directing the Administrator to
include qualified employees selected by each collective
bargaining representative of employees affected by air traffic
control modernization projects. Includes provision for
employees to receive per diem reimbursement, if appropriate,
however, the Administrator is prohibited from paying overtime
expenses except in extraordinary circumstances. The provision
also directs participants to adhere to deadlines and milestones
to help keep NextGen on schedule.
AIRSPACE REDESIGN
H218/S--
House bill
Section 218 contains Findings of Congress that the FAA
redesign efforts will play a critical role in enhancing
capacity, reducing delays, and transitioning to more flexible
routing. Additionally, the Findings state that funding cuts
have led to delays and deferrals to critical capacity enhancing
airspace redesign efforts, and several new runways planned for
in FY 2011 and FY 2012 will not provide estimated capacity
benefits without additional funds. It also requires the
Administrator to work with the New York/New Jersey Port
Authority to monitor the noise impacts of the redesign and
submit a report to Congress on those impacts in one year.
Senate bill
No similar provision.
Conference Substitute
House bill.
STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB BASED
RESOURCE ON LOCATIONS OF POTENTIAL AVIATION OBSTRUCTIONS
H219/S--
House bill
Section 219 instructs the Administrator to carry out a
study on the feasibility of developing publicly searchable web-
based resources with information regarding height, latitudinal
and longitudinal locations of guywire and free-standing tower
obstructions.
Senate bill
No similar provision.
Conference Substitute
House bill.
NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE
H220/S--
House bill
Section 220 permits the Administrator to enter into an
agreement on a competitive basis to assist the establishment of
a Center of Excellence for the research and development of
NextGen technologies.
Senate bill
No similar provision.
Conference Substitute
House bill.
PUBLIC-PRIVATE PARTNERSHIPS
H221/S--
House bill
Section 221 directs the Administrator to develop a plan
to expedite the equipage of general aviation and commercial
aircraft with NextGen technologies.
Senate bill
No similar provision.
Conference Substitute
House bill modified to include language on NextGen public
private partnership program. The language describes financial
instruments which the Secretary may use to facilitate public-
private financing. In addition, language establishing an
avionics incentive program for facilitating the acquisition and
installation of equipment that is deemed to be in the interest
of achieving NextGen capabilities in commercial and general
aviation aircraft. Language regarding limitation on principal
is included with language regarding collateral, fees and
premiums as well as use of funds.
Subject to the availability of funds, the Secretary, or
his/her designee, may guarantee loans with deferred repayment
schedules, provided that in establishing the decisional
criteria for the period of deferral, the Secretary or his
designee shall consider the terms of the deferral established
by other transportation loan guarantee programs and when
equipment qualifying under subsection (A) of this section will
be put to beneficial use in aircraft. The Secretary shall
ensure that any such applications are reviewed under procedures
similar to those established for the Railroad Rehabilitations
and Improvement Financing program. The authority of the
Secretary to issue credit assistance terminates 5 years after
the date of establishment of the Incentive Program.
In reviewing and evaluating applications for loan
guarantees, the Secretary or his/her designee shall reference
similar provisions in Sections 821, 822, and 823 of the
Railroad Rehabilitation and Improvement Financing program, 800
et seq. of Title 45, U.S.C. when considering the following: (a)
the estimated cost to the federal government of providing the
requested form and amount of assistance; (b) the estimated
public and aviation system benefits to be derived from
installing the required avionics in the most timely manner; (c)
the amount of private sector funding that will be committed and
the amount of private sector capital placed at risk; and (d)
the likelihood of default by borrowers.
FACILITATION OF NEXTGEN AIR TRAFFIC SERVICES
H--/S303
House bill
No similar provision.
Senate bill
Section 303 describes the factors that the FAA would
consider in determining whether to accept the provision of air
traffic services by non-governmental providers.
Conference Substitute
House bill.
OPERATIONAL INCENTIVES
H--/S316
House bill
No similar provision.
Senate bill
Section 316 requires the FAA to issue a report to
identify incentives to encourage the equipping of aircraft with
NextGen technologies--including a ``best equipped, best
served'' approach.
Conference Substitute
Senate bill.
EDUCATIONAL REQUIREMENTS
H--/S312
House bill
No similar provision.
Senate bill
Section 312 requires FAA to reimburse Department of
Defense (DOD) for the cost of DOD-provided education of
dependents of FAA employees stationed in Puerto Rico and Guam.
Conference Substitute
Senate bill.
STATE ADS-B EQUIPAGE BANK PILOT PROGRAM
H--/S324
House bill
No similar provision.
Senate bill
Section 324 authorizes the Secretary of Transportation to
enter into cooperative agreements with up to five states to
establish ADS-B equipage banks for making loans and providing
other assistance to public entities.
Conference Substitute
House bill.
REPORT ON FUNDING FOR NEXTGEN TECHNOLOGY
H--/S319
House bill
No similar provision.
Senate bill
Section 319 requires the FAA to report on: 1) a financing
proposal to fund the development and implementation of NextGen
technology; and 2) recommendations for operational benefits
that could be provided to aircraft for early equipage with
NextGen technologies.
Conference Substitute
House bill.
AIR TRAFFIC CONTROLLER STAFFING INITIATIVES AND ANALYSIS
H--/S325
House bill
No similar provision.
Senate bill
Section 325 directs the FAA to implement certain DOT IG
recommendations with respect to the air traffic control tower
at Los Angeles International Airport and the Southern
California Terminal Radar Approach Control and Northern
California Terminal Radar Approach Control facilities by, among
other things, ensuring that classroom space, contract
instructors, and simulators are sufficiently available to
provide training to trainee air traffic controllers; evenly
distributing new trainee controllers across the facilities over
the calendar year; and commissioning an independent analysis,
in consultation with the controllers' exclusive collective
bargaining representative, of overtime scheduling practices.
Conference Substitute
Senate bill modified by removing language that would
limit application of this section to only the facilities named
above. In addition, directs the Administrator, as soon as
practicable, to assess training programs at air traffic control
facilities with below-average success rates and prioritize such
efforts to address recommendations for the facilities
identified in Inspector General of the Department of
Transportation Report Number AV-2009-047.
SEMIANNUAL REPORT ON STATUS OF GREENER SKIES PROJECT
H--/S326
House bill
No similar provision.
Senate bill
Section 326 requires the FAA to report to Congress on a
strategy for accelerated implementation of the NextGen
operational capabilities produced by the Greener Skies project.
Follow-up reports are due 180 days after the first report is
submitted and then every 180 days after that until September
30, 2011.
Conference Substitute
Senate bill with modified language requiring the first
report to be submitted six months after enactment, with follow
up reports annually (instead of reports every 180 days) until
the pilot program terminates.
FINANCIAL INCENTIVES FOR NEXTGEN EQUIPAGE
H--/S328
House bill
No similar provision.
Senate bill
Section 328 authorizes the FAA Administrator to enter
into agreements to fund the costs of equipping aircraft with
avionics to enable NextGen technologies, including grants or
other financial instruments.
Conference Substitute
Senate bill dropped, however House language on public-
private partnerships was included.
TITLE III--SAFETY
JUDICIAL REVIEW OF DENIAL OF AIRMEN CERTIFICATES
H301/S502
House bill
Section 301 allows a person to seek judicial review of a
National Transportation Safety Board order in an appeal of a
decision on an application for an airman certificate.
Senate bill
Section 328 is a similar provision with minor technical
differences.
Conference Substitute
House bill.
RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND
SUPPLEMENTAL TYPE CERTIFICATES
H302/S503
House bill
Section 302 authorizes the Administrator to release
certificate information without consent of the owner if: 1) the
requested data has been inactive for three or more years; 2)
the FAA cannot, after due diligence, find the owner of record,
or the owner of record's heir; and 3) making the data available
will enhance aviation safety. The Administrator shall maintain
engineering data in possession of the FAA relating to a type
certificate that has been inactive for three or more years.
Senate bill
Section 503 is a similar provision but with no language
regarding the requirement to maintain data.
Conference Substitute
House bill.
DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES
H303/S504
House bill
Section 303 directs the Administrator to issue Certified
Design and Production Organization Certificates to aviation
manufacturers in order to streamline the certification process
and allow FAA to focus its safety resources on primary safety
concerns. It clarifies that nothing in this section would
affect the FAA's authority to revoke the Certified Design and
Production Organization Certificates once issued. The
Administrator is directed to start issuing such certificates by
January 1, 2013.
Senate bill
Section 504 authorizes the Administrator to issue design
organization certificates beginning on January 1, 2013.
Conference Substitute
House bill.
CABIN CREW COMMUNICATION
H--/S508
House bill
No similar provision.
Senate bill
Section 508 requires that flight attendants be able to
read, speak and write English well enough to: 1) read and
comprehend material; 2) provide direction to, and understand
and answer questions from, English-speaking individuals; 3)
write incident reports and statements, and log entries and
statements; and 4) carry out written and oral instruction
regarding the proper performance of their duties. This section
does not apply to flight attendants serving solely between
points outside the United States.
Conference Substitute
Senate bill, however the FAA shall work with air carriers
to facilitate compliance through the flight attendant
certification requirements of 49 U.S.C. 44728.
LINE CHECK EVALUATIONS
H316/S722
House bill
Section 316 requires the Administrator to sunset, one
year after the date of enactment, the requirement for a second
yearly line check evaluation for airline pilots over the age of
60, unless the Secretary of Transportation certifies that the
additional line check is necessary to ensure safety.
Senate bill
Section 722 is a similar provision, but does not require
DOT safety certification.
Conference Substitute
Senate bill.
SAFETY OF AIR AMBULANCE OPERATIONS
H310/S507
House bill
Section 310 directs the FAA to issue a Notice of Proposed
Rulemaking (NPRM) within 180 days to address air ambulance
safety. It requires a follow up or rulemaking to address
additional Helicopter Emergency Medical Services training.
Operators are required to collect and report data to the
Administrator on their operations, including the number of
flights and hours flown and for the FAA to report on that data
24 months after enactment, and annually thereafter.
Senate bill
Section 507 is similar language, but includes fixed-wing
ambulance operators within the NPRM and includes a deadline of
60 days. It does not require pilot training, radar altimeters,
survivability equipment, or operational control centers to be
addressed within the NPRM. It requires helicopter and fixed
wing air ambulance operators to comply with regulations under
14 Code of Federal Regulations (C.F.R.) part 135 whenever there
is medical personnel onboard, with certain exceptions. It also
requires that terrain awareness and warning systems be onboard
helicopter and fixed wing aircraft within one year. The FAA is
directed to study and initiate a third rulemaking within one
year of enactment to require devices similar to Cockpit Voice
Recorders (CVR) and Flight Data Recorders (FDR).
Conference Substitute
House bill with modified language to change deadline for
the first two rulemakings to June 1, 2012.
PROHIBITION ON PERSONAL USE OF CERTAIN DEVICES ON THE FLIGHT DECK
H313/S558
House bill
Section 313 prohibits the use of laptops and other
personal wireless devices by the flight crew on the flight deck
while the aircraft is being operated except if the device is
being used for a purpose related to the operation of the
aircraft, emergencies or safety, or employment related
communications. It authorizes civil penalties for violation of
this provision and gives the Administrator the ability to
amend, modify, suspend or revoke an operator's certificate for
violation of this provision. The Secretary of Transportation is
required to initiate a rulemaking within 90 days of enactment;
and a final rule is due two years after date of enactment. It
directs the Administrator to conduct a study and report to
Congress on the sources of distraction for flight crewmembers.
Senate bill
Section 558 is a similar provision, except only civil
penalties are authorized for violation of this provision. It
directs FAA to initiate a rulemaking within 30 days of
enactment, and issue a final rule within one year of enactment.
Conference Substitute
House bill.
INSPECTION OF REPAIR STATIONS LOCATED OUTSIDE THE UNITED STATES
H315/S521
House bill
Section 315 requires the Administrator to establish and
implement a system for assessing the safety of foreign repair
stations based on identified risks and consistent with U.S.
requirements. The FAA is to initiate inspections as frequently
as it determines is warranted by its safety assessment system.
The Departments of Transportation and State are required to
request members of the International Civil Aviation
Organization to establish international standards for drug/
alcohol testing of safety inspectors. The Administrator is
directed to issue a proposed rule within one year of enactment
requiring that all foreign repair station employees responsible
for safety-sensitive maintenance functions are subject to an
alcohol and controlled substances testing program that is
determined acceptable by the FAA and is consistent with the
applicable laws of the country in which the repair station is
based. The FAA is to provide an annual report within one year
of enactment, and annually thereafter, on the Administration's
oversight of foreign repair stations and implementation of the
foreign repair station safety assessment system. It instructs
the Administrator to notify Congress within 30 days after
initiating formal negotiations with a foreign aviation
authority or other appropriate foreign government agency on a
new maintenance implementation agreement.
Senate bill
Section 521 is a similar provision, but directs the FAA
to inspect all repair stations, including those abroad, at
least twice a year in a manner consistent with United States
obligations under international agreements. The inspection
results for foreign civil aviation authorities shall be
considered if the foreign country has a maintenance safety
agreement with the United States.
Conference Substitute
House and Senate bills merged and modified, removing
language requiring that the report on part 145 repair stations
be completed within 1 year of enactment and modified the annual
inspections requirement from occurring ``as frequently as
determined warranted'' to annually in a manner that is
consistent with U.S. obligations under international
agreements, with additional inspections authorized based on
identified risks.
ENHANCED TRAINING FOR FLIGHT ATTENDANTS AND GATE AGENTS
H--/S562
House bill
No similar provision.
Senate bill
Section 562 requires that flight attendants and gate
agents receive training related to: serving alcohol to
passengers; recognizing intoxicated passengers; and dealing
with disruptive passengers.
Conference Substitute
Senate bill modified by removing references to gate
agents from the provision.
LIMITATION ON DISCLOSURE OF SAFETY INFORMATION
H337/S554
House bill
Section 337 amends Chapter 447, by exempting the
following reports and data from being subject to discovery or
subpoena or admitted into evidence in a Federal or State court:
an Aviation Safety Action Program (ASAP) report; data produced
from a Flight Operational Quality Assurance (FOQA) Program; a
Line Operations Safety Audit (LOSA) Program report; hazard
identification, risk assessment risk control; safety data
collected for purpose of assessing/improving aviation safety;
and reports, analyses and directed studies based in whole or
part on reports from the aforementioned programs including
those under the Aviation Safety Information Analysis and
Sharing (ASIAS) Programs. Any report or data that is
voluntarily provided to the FAA shall be considered to be
voluntarily submitted information within the meaning and shall
not be disclosed to the public. The FAA may release documents
to the public that include summaries, aggregations or
statistical analyses based on reports or data described in this
section, and the NTSB is not prevented from referring to
relevant information. This exemption shall not apply to a
report developed or data produced on behalf of a person if that
person waives the privileges provided.
Senate bill
Section 554 would limit the use of FOQA and ASAP and LOSA
data in judicial proceedings. FOQA, ASAP or LOSA data would
only be allowed in a judicial proceeding if the judge finds
that a party shows that the information is relevant, not
otherwise known or available, and demonstrates a particularized
need for the information that outweighs the intrusion upon the
confidentiality of these programs. If this information is used
in a judicial proceeding, the court would be required to
protect it against further dissemination with a protective
order and place the information under seal. This section would
also prohibit disclosure of this data through the Freedom of
Information Act. This section would not prevent the NTSB from
referring to information provided under the FOQA, ASAP or LOSA
programs.
Conference Substitute
House bill modified with technical edits.
PROHIBITION AGAINST AIMING A LASER POINTER AT AN AIRCRAFT
H--/S733
House bill
No similar provision.
Senate bill
Section 733 amends title 18, United States Code, to add a
new section 39A to make it a crime to knowingly aim the beam of
a laser pointer at an aircraft in the special aircraft
jurisdiction of the United States or at the flight path of such
aircraft. An individual convicted of this crime is subject to
criminal fines or imprisonment up to 5 years. This provision
does not apply to: 1) individuals conducting research and
development or flight test operations for an aircraft
manufacturer or the Federal Aviation Administration; 2)
Department of Defense (DOD) or Department of Homeland Security
(DHS) personnel conducting research, development, operations,
testing or training; or 3) an individual using a laser
emergency signaling device to send a distress signal. Section
39A authorizes the Attorney General, in consultation with the
Secretary of Transportation, to provide by regulation, after
public notice and comment, additional exceptions to this
provision as necessary and appropriate. The Attorney General
must give written notice of any such proposed regulations to
the House and Senate Committees on the Judiciary as well as
other specified committees.
Conference Substitute
Senate bill with minor modifications.
AIRCRAFT CERTIFICATION PROCESS REVIEW AND REFORM
H304/S--
House bill
Section 304 directs the Administrator to review the
current practices for aircraft certification. It requires that
in his/her assessment the Administrator must make
recommendations to improve efficiency and reduce costs through
streamlining and reengineering of certification process and
issue a report within 180 days.
Senate bill
No similar provision.
Conference Substitute
House bill.
CONSISTENCY OF REGULATORY INTERPRETATION
H305/S--
House bill
Section 305 directs the Administrator to convene an
advisory panel to determine the root causes of inconsistent
interpretation of regulations by the FAA Flight Standards
Service and Aircraft Certification Service, develop
recommendations to improve the consistency of interpreting the
regulations, and submit these recommendations to Congress
within six months.
Senate bill
No similar provision.
Conference Substitute
House bill with modification of six months to twelve
months to submit recommendations to Congress.
RUNWAY SAFETY
H306/S501,517
House bill
Section 306 requires the Administrator within six months
to create a Strategic Runway Safety Plan to address: 1) goals
to improve safety; 2) near and long term actions, time frames
and resources needed, continuous evaluative process for goals,
and review of every commercial service airport; and 3)
increased runway safety risks with the expected increased
volume of air traffic. It requires a report to Congress by
December 31, 2011 outlining a plan to install and deploy
systems to alert controller and/or flight crews of potential
runway incursions.
Senate bill
Section 328 is a similar provision.
Conference Substitute
House bill.
FLIGHT STANDARDS EVALUATION PROGRAM
H308/S--
House bill
Section 308 directs the Administrator to modify the
Flight Standards Evaluation Program to include periodic and
random audits of air carriers in the agency's oversight, and
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 had responsibility for inspecting the
operations of that carrier in the five year period preceding
the date of the review. The Administrator is required to report
to Congress within one year of enactment, and annually
thereafter on the Flight Standards Evaluation Program.
Senate bill
No similar provision.
Conference Substitute
House bill.
COCKPIT SMOKE
H309/S--
House bill
Section 309 directs U.S. Government Accountability Office
to conduct a study on the effectiveness of the FAA's oversight
of the use of new technologies to prevent/mitigate effects of
dense and continuous smoke in cockpit of aircraft, with a
report to be submitted to Congress in one year.
Senate bill
No similar provision.
Conference Substitute
House bill with modified language changing the report
deadline from one year to 18 months.
OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER OBSERVATION TECHNOLOGY
H311/S--
House bill
Section 311 directs the Administrator to conduct a review
of off-airport, low-altitude aircraft weather observation
technologies, which will include an assessment of technical
alternatives, investment analysis, and recommendations for
improving weather reporting. A report is required to be
submitted to Congress in one year.
Senate bill
No similar provision.
Conference Substitute
House bill.
FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE NIGHT VISION GOGGLES
H312/S--
House bill
Section 312 directs the FAA to conduct a study and report
to Congress within one year of enactment on the feasibility and
potential risks of requiring all pilots of helicopters
providing air ambulance services to use night vision goggles
during nighttime operations.
Senate bill
No similar provision.
Conference Substitute
House bill.
MAINTENANCE PROVIDERS
H314/S522
House bill
Section 314 requires the Administrator to issue
regulations within three years to mandate that maintenance work
on aircraft be performed only by individuals employed by a part
121 air carrier, a part 145 repair station, or a company that
provides contract workers to part 121 carriers or part 145
repair stations if the individual meets part 121/145
requirements, works under the supervision of a part 121/145
carrier/station, and carries out the work in accordance with
part 121/145.
Senate bill
Section 522 is a similar provision.
Conference Substitute
Senate bill with modifications, including heading changed
to ``Maintenance Providers.'' This section directs the
Administrator to require that essential maintenance, regularly
scheduled maintenance, and work pursuant to required inspection
items must be performed by part 121 carriers, part 145 repair
stations, or contractors meeting the requirements of part 121
or 145 certificate holders. Covered work performed by a
contractor meeting the requirements of part 121 or 145
certificate holders are subject to the following terms and
conditions: 1) the part 121 carrier shall be directly in charge
of work; 2) the work shall be carried out according to the part
121 carrier's maintenance manual; and 3) the work shall be
performed under the part 121 carrier's supervision and control.
121 air carriers are responsible for ensuring that all
maintenance, whether performed by the air carrier itself or
performed by another entity under contract with the carrier, is
conducted in accordance with the air carrier's maintenance
program. When maintenance is performed by another entity, the
air carrier continues to be responsible for the oversight of
these maintenance providers, who are considered to be an
extension of the air carrier's maintenance program. This
provision will ensure that oversight responsibility for
maintenance remains with the 121 air carrier recognizing
supervision and oversight of individuals may be with a Part 145
repair station.
Responsibility for oversight by 121 carriers is not meant
to change the permitted work of the Part 145 repair stations.
In particular, 145 stations can continue to supervise and
oversee the activities of individuals that perform contract
maintenance--when it is necessary to obtain technical
expertise.
STUDY OF AIR QUALITY IN CABINS
H--/S564
House bill
No similar provision.
Senate bill
Section 517 requires the FAA to initiate a study of air
quality in aircraft cabins. Additionally, the Administrator
would be given the authority to require domestic carriers to
allow monitoring of air quality on their aircraft while the
study is conducted. The Administrator is required to initiate
research and development work on effective air cleaning and
sensor technology for the engine and auxiliary power unit for
bleed air supplied to the passenger cabin and flight deck of a
pressurized aircraft within 180 days of enactment.
Conference Substitute
Senate bill modified by removing language requiring the
FAA to determine the extent to which the installation of
sensors and air filters on commercial aircraft would provide a
public health benefit. The conference also agreed that the
FAA's authority to monitor air quality may not impose
significant costs to air carriers and may not interfere with
the carrier's normal use of the aircraft.
IMPROVED PILOT LICENSES
H307/S--
House bill
Section 307 directs the Administrator to issue improved
pilot licenses that are tamper-resistant, include a photograph
of the individual, and are capable of accommodating a digital
photograph, a biometric identifier, or any other unique
identifier. It instructs the Administrator to develop methods
to determine or reveal if part of license issued has been
tampered with.
Senate bill
No provision.
Conference Substitute
House bill modified by adding new language: 1) directing
the Administrator to provide the relevant House and Senate
Committees with a timeline for the issuance of pilot licenses;
2) specifying that the new licenses should incorporate
biometric identifiers; and 3) requiring that the licenses must
comply with established aviation security checkpoint clearance
standards. The conference committee recognizes that the federal
government is responsible for the screening of all individuals
prior to entry into airport sterile areas and expects that
efforts to utilize improved pilot certificates will be carried
out by the federal government.
STUDY OF HELICOPTER AND FIXED WING AIR AMBULANCE SERVICES
H--/S717
House bill
No similar provision.
Senate bill
Section 717 requires the GAO to conduct a detailed study
of the air ambulance industry and to make recommendations
related to the interaction of state and federal regulations of
air ambulances.
Conference Substitute
House bill, because the GAO has completed the required
study.
PILOT FATIGUE
H--/S506
House bill
No similar provision.
Senate bill
Section 506 requires a study of pilot fatigue to be
conducted by the National Academy of Sciences and for the FAA
to consider the study's findings as part of its rulemaking
proceeding on pilot flight time limitations and rest
requirements.
Conference Substitute
Senate provision dropped because it is included in P.L.
111-216, the Airline Safety and Federal Aviation Administration
Extension Act of 2010.
OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR FLIGHT ATTENDANTS ON BOARD
AIRCRAFT
H--/S509
House bill
No similar provision.
Senate bill
Section 509 requires the Administrator to establish
milestones and a policy statement for the completion of work
with the Occupational Safety and Health Administration (OSHA)
begun under the August 2000 Memorandum of Understanding (MOU)
regarding the application of OSHA requirements to crewmembers
while working in an aircraft.
Conference Substitute
Senate bill modified by dropping policy statement
principles. The conference committee believes that in
initiating development of a policy statement the FAA shall
consider the establishment of a coordinating body similar to
the Aviation Safety and Health Joint Team established by the
August 2000 memorandum of understanding that includes
representatives designated by both Administrations to examine
the applicability of current and future Occupational Safety and
Health Administration regulations; to recommend policies for
facilitating the training of Federal Aviation Administration
inspectors; and to make recommendations that will govern the
inspection and enforcement of safety and health standards on
board aircraft in operation and all work-related environments.
Any standards adopted by the Federal Aviation Administration
shall set forth clearly the circumstances under which an
employer is required to take action to address occupational
safety and health hazards; the measures required of an employer
under the standard; and the compliance obligations of an
employer under the standard.
IMPROVED SAFETY INFORMATION
H--/S511
House bill
No similar provision.
Senate bill
Section 511 directs the Administrator to issue a final
rule regarding re-registration and renewal of aircraft
registration, which must include preparing for the expiration
of aircraft registration certificates and periodic renewal
process, and other measures to promote the accuracy of the
Administration's aircraft registry.
Conference Substitute
House bill.
USE OF EXPLOSIVE PEST CONTROL DEVICES
H--/S523
House bill
No similar provision.
Senate bill
Section 523 requires the FAA to study the use of
explosive pest control devices to prevent wildlife strikes to
aircrafts and submit a report in six months.
Conference Substitute
House bill.
Subtitle B--Unmanned Aircraft Systems
DEFINITIONS
H321/S--
House bill
Section 321 defines the terms: ``certificate of waiver'',
``sense and avoid capability'', ``public unmanned aircraft
system'', ``small unmanned aircraft'', ``test range'',
``unmanned aircraft'', and ``unmanned aircraft system (UAS).''
Senate bill
No similar provision.
Conference Substitute
House and Senate bills merged to include all of House
definitions and Senate definition of ``Arctic''.
INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS INTO
NATIONAL AIRSPACE SYSTEM
H322/S320, 607(a)(b)(d)(e)(f)
House bill
Section 322 requires the Secretary of Transportation to
develop a plan, in consultation with aviation and Unmanned
Aircraft Systems (UAS) industry representatives, within nine
months of enactment, for the safe integration of civil UASs
into the National Airspace (NAS). This plan must contain a
review of technologies and research to assist in this goal,
recommendations for a rulemaking on the definition of
acceptable standards, ensure civil UASs have sense and avoid
capability, develop standards and requirements for operator and
pilots of UASs, and recommendations. The plan must include a
realistic time frame for UAS integration into the NAS, but no
later than September 30, 2015. The plan must be submitted to
Congress within one year of enactment. The FAA is required to
initiate a Notice of Proposed Rulemaking (NPRM) for site
integration of UAS within 18 months of the date of enactment of
the integration plan.
Senate bill
Section 320 requires the FAA to develop a plan within one
year to accelerate the integration of UASs into the NAS. This
plan must include: 1) a pilot project that includes the
integration of UAS into six test sites, representing geographic
and climate differences within the United States, by 2012; 2)
development of certification, flight standards, and air traffic
requirements for UASs; 3) the dedication of funding for
research on UAS certification, flight standards, and air
traffic control (ATC); 4) coordination of research between NASA
and DOD; and 5) verification of the safety of UASs before their
integration into the NAS. This section would allow the FAA
Administrator to include testing at six test sites as part of
the integration plan by 2012. The FAA is directed to work with
DOD to certify and develop flight standards for military
unmanned aerial systems and to integrate these systems into the
NAS as part of the UAS integration plan. The FAA Administrator
is required to submit a report describing and assessing the
progress made in establishing special use airspace for DOD to
develop detection techniques for small UASs.
Section 607 allows the FAA to conduct developmental
research on UASs. It would direct the FAA and the National
Academy of Sciences to create an assessment of UAS capabilities
and would require the National Academy of Sciences to submit a
report to Congress on the subject. It requires the FAA to issue
a rule to update the most recent policy statement on UASs. The
FAA is directed to identify permanent areas in the Arctic where
UASs may operate 24 hours a day. The FAA is to take part in
cost-share pilot projects designed to accelerate the safe
integration of UASs into the NAS.
Conference Substitute
House and Senate bills merged. The conference committee
directs the Secretary to develop a plan to accelerate the safe
integration of unmanned aircraft systems (UAS) into the
national airspace system. The Secretary is directed to develop
the plan in consultation with the aviation industry, federal
agencies using UASs, and the UAS industry as soon as
practicable, but no later than September 30, 2015. Concurrent
with the integration planning, the Secretary is directed to
publish, and update annually, a five-year roadmap describing
the activities of the FAA's Unmanned Aircraft Program Office,
and its efforts to safely integrate UASs into the national
airspace system. The conference committee also directs the
Secretary to promulgate rules to allow for integration of small
UASs into the national airspace system. The conference
committee also directs the Administrator of the Federal
Aviation Administration to establish six test ranges until
September 30, 2020. Test range locations are not designated in
the legislation. Instead, the Administrator is directed to
coordinate with, and leverage resources from, the National
Aeronautics and Space Administration and the Department of
Defense to select the test ranges based on the criteria set
forth in this section. This language is consistent with
legislative direction in the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81). The intent of the
committee is for the Administrator to establish a total of six
test ranges under both laws, and not six ranges to be
established under each law for a total of twelve. The
conference committee directs the Secretary to develop a plan
for the use of UASs in the arctic, as defined in this subtitle.
Finally, the term ``non-exclusionary airspace'' was removed as
the FAA does not recognize that term. The conference committee
intends that when the FAA establishes the program to integrate
UASs into the national airspace system at six test ranges, the
Administrator shall safely designate airspace for integrated
manned and unmanned flight operations in the national airspace
system.
SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS
H323/S--
House bill
Section 323 directs that within 180 days the Secretary of
Transportation, prior to completing of the Commercial UAS
integration plan, will determine if certain UASs may operate in
the NAS. Assessment of the UASs will determine which types of
UAS do not create hazard to users of NAS or national security,
and whether a certificate of waiver or authorization of
airworthiness is required. If the Secretary determines UAS may
operate safely in the NAS, the Secretary shall establish
requirements of the safe operation of such systems.
Senate bill
No similar provision.
Conference Substitute
House bill.
PUBLIC UNMANNED AIRCRAFT SYSTEMS
H324/S--
House bill
Section 324 directs that within 270 days the Secretary of
Transportation will issue guidance on the operation of public
UASs to expedite the certificate of authorization process,
provide a collaborative process for expansion of access to the
NAS, and provide guidance on public entities responsible when
operating UASs. By December 31, 2015, the Secretary is required
to implement operational and certification standards. The
Secretary is directed to enter into agreements, within 90 days,
with appropriate government agencies to simplify and expedite
the process for issuing certificates of waiver or authorization
regarding applications seeking authorization to operate public
UASs in the NAS.
Senate bill
No similar provision.
Conference Substitute
House bill.
SAFETY STUDIES
H325/S--
House bill
Section 325 directs the Administrator to conduct all
safety studies necessary to support integration of UASs into
the NAS.
Senate bill
No similar provision.
Conference Substitute
House bill.
SPECIAL RULE FOR MODEL AIRCRAFT
H--/S607(g)
House bill
No similar provision.
Senate bill
Section 607(g) exempts most model airplanes used for
recreational or academic use from any UAS regulations
established by the FAA.
Conference Substitute
Senate bill with modifications. Language including model
aircraft for the purposes of sports, competitions and academic
purposes is removed and replaced with ``hobby''. The modified
section includes language requiring that the model aircraft
must be operated in a manner that does not interfere with and
gives way to, all manned aircraft. In addition, language that
requires that model aircraft flown within five miles of an
airport will give prior notification to the airport and the air
traffic control (ATC), and that model aircraft that are flown
consistently within five miles of the ATC will do so under
standing agreements with the airports and ATC. Lastly, language
is added that will ensure that nothing in this provision will
interfere with the Administrator's authority to pursue
enforcement action against persons operating model aircraft who
endanger the safety of the national airspace system. In this
section the term ``nationwide community-based organization'' is
intended to mean a membership based association that represents
the aeromodeling community within the United States; provides
its members a comprehensive set of safety guidelines that
underscores safe aeromodeling operations within the National
Airspace System and the protection and safety of the general
public on the ground; develops and maintains mutually
supportive programming with educational institutions,
government entities and other aviation associations; and acts
as a liaison with government agencies as an advocate for its
members.
UNMANNED AIRCRAFT SYSTEMS TEST RANGE
H326/S607(c)
House bill
Section 326 directs the Administrator no later than one
year after enactment to establish a program to integrate UASs
into the national airspace system at no fewer than four test
ranges. The program will include safely designating
nonexclusionary airspace for integrated unmanned flight
operations, develop certification standards and air traffic
requirements, coordinate and leverage the resources of National
Air and Space Administration and Department of Defense, address
both civil and public UAS, ensure the program is coordinated
with NextGen, and provide for verification of safety of UASs.
In determining test range locations the Administrator shall
consider geographic and climate diversity and consult with NASA
and the Air Force.
Senate bill
Section 607(c) is a similar provision, but it allows the
Administrator to include testing at three test sites as part of
the integration plan by 2012. It directs the FAA to work with
DOD to certify and develop flight standards for military UASs
and to integrate these systems into the NAS as part of the UAS
integration plan.
Section 320 establishes a test range program for 10
sites.
Conference Substitute
House and Senate bills merged into language that is
included in Section 332 ``Integration of civil unmanned
aircraft into the national airspace system''.
Subtitle C--Safety and Protections
AVIATION WHISTLEBLOWER INVESTIGATION OFFICE
H334/S518
House bill
Section 334 establishes an independent Whistleblower
investigation office within the FAA. The Director of this
office is to be appointed by the Secretary of Transportation
for a five year term. The office is in charge of investigating
reports of agency or carrier safety violations, and is to make
recommendations to the Administrator. It specifies that the
Director cannot be prohibited from initiating an assessment of
a complaint and that any evidence of criminal violations must
be reported to the Administrator and Inspector General of the
Department of Transportation (DOT IG).
Senate bill
Section 518 is a similar provision, but it does not
require the Secretary to exercise authority under title 5 for
the prevention of prohibited personnel actions or require
direct reporting by the Director to the Secretary.
Conference Substitute
House bill with modified language to authorize the
Director of the office created under this section to receive
and investigate disclosures from employees of the
Administration as well as employees of persons holding
certificates issued under title 14 of the Code of Federal
Regulations (C.F.R.), if those certificate holders do not have
similar in-house reporting programs, relating to possible
violation of an order, a regulation, or any other provision of
federal law relating to aviation safety.
POST-EMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS
H331/S513
House bill
Section 331 establishes a two year post-service period
for FAA inspectors or persons responsible for oversight of FAA
inspectors before they can act as an agent or representative of
a certificate holder that they previously had responsibility
for while employed at the FAA.
Senate bill
Section 513 is a similar provision, but it has a three
year post-service restriction.
Conference Substitute
House bill.
REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE
H332/S520
House bill
Section 332 requires the FAA to create a process to
review the Air Transportation Oversight System (ATOS) database
by regional teams to ensure that trends in regulatory
compliance are identified, and appropriate corrective actions
are taken according to Administration regulations.
Senate bill
Section 520 is a similar provision.
Conference Substitute
House bill.
IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM
H333/S512
House bill
Section 333 requires FAA to modify the Voluntary
Disclosure Reporting Program (VDRP) to require inspectors to
verify that air carriers have implemented comprehensive
solutions to correct underlying causes of voluntarily disclosed
violations, and confirm, before approving a final report of a
violation, that the violation has not been previously
discovered by an inspector or self-disclosed by an air carrier.
The DOT IG is directed to review the FAA's implementation of
the VDRP program.
Senate bill
Section 512 is a similar provision.
Conference Substitute
House bill.
DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE TO FLIGHT
CREWMEMBERS
H335/S--
House bill
Section 335 directs the FAA to initiate a rulemaking
within six months of enactment to require commercial pilots who
accept additional flight assignments under part 91 of Title 14
Code of Federal Regulations to count the flying time under the
additional flight assignments towards the commercial flight
time limitations. It requires the Administrator to conduct two
separate rulemakings for part 121 and part 135 flight time
limitations (the latter rulemaking must be initiated within one
year of enactment).
Senate bill
No similar provision.
Conference Substitute
House bill.
CERTAIN EXISTING FLIGHT TIME LIMITATIONS AND REST REQUIREMENTS
H336/S--
House bill
Section 523 extends the sections 263 and 264 of part 135
of title 14 C.F.R. for part 135 certificate holders providing
air ambulance services and pilots and flight crewmembers of all
cargo aircraft regarding certain flight times and rest periods
shall remain in effect as they were in effect in January 1,
2011. It prohibits the Administrator from issuing, finalizing
or implementing a rule as proposed in the FAA docket on
``Interpretations of Rest Requirements'' published in the
register on December 23, 2010, or any similar rule regarding
such sections for part 135 certificate holders providing air
ambulance services and pilots and flight crewmembers of all
cargo aircraft.
Senate bill
No similar provision.
Conference Substitute
House bill modified by removing language requiring a
separate rulemaking and language referencing requirements in
effect on January 1, 2011.
EMERGENCY LOCATOR TRANSMITTERS ON GENERAL AVIATION AIRCRAFT
H--/S553
House bill
No similar provision.
Senate bill
Section 553(a), (b) directs the Administrator to submit
an annual report to Congress regarding the recommendations
issued by the NTSB consisting of the following: 1) whether the
FAA plans to implement the recommendation of the NTSB: 2) if
so, what actions the FAA plans to take to implement the
recommendation: and 3) if the FAA chooses to not implement a
NTSB recommendation, its reasoning for not doing so. This
section would require the FAA to submit within 180 days to
Congress the above information on all current NTSB
recommendations not implemented so far.
Section 553(c) requires the FAA to implement NTSB
recommendations relating to the proper installation of
emergency locator transmitters (ELTs) on general aviation
aircraft.
Conference Substitute
Senate bill modified to only keep the ELT language.
LIABILITY PROTECTION FOR PERSONS IMPLEMENTING SAFETY MANAGEMENT SYSTEMS
H338/S--
House bill
Section 338 specifies that a person required by the FAA
to implement a Safety Management System (SMS) may not be held
liable for damages in connection with a claim filed in a State
or Federal court relating to the person's preparation or
implementation of the SMS. The section does not relieve a
person from liability for damages resulting from the person's
own willful or reckless acts or omissions when demonstrated
through evidence. Notwithstanding any other provision of law, a
person employed by previously mentioned individuals and
responsible for performing functions of an accountable
executive, shall be deemed to be acting in the person's
official capacity and may not be held liable for damages. A
person performing the functions of an accountable executive is
not relieved from personal liability for damages resulting from
reckless acts or omissions.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
MODIFICATION OF CUSTOMER SERVICE INITIATIVE
H--/S519
House bill
No similar provision.
Senate bill
Section 519 directs the FAA to remove from their customer
service initiative, mission statements, and vision statements,
any reference to air carriers as ``customers''. This section
instructs the agency to guarantee that these statements should
emphasize safety as the agency's highest priority when
considering the dissatisfaction of any regulated entity.
Conference Substitute
House bill.
INDEPENDENT REVIEW OF SAFETY ISSUES
H--/S514
House bill
No similar provision.
Senate bill
Section 514 directs the U.S. Government Accountability
Office (GAO) to initiate a review and investigation of air
safety issues identified by FAA employees and reported to the
Administrator. The GAO must report any findings to the
Administrator and relevant Congressional Committees on an
annual basis.
Conference Substitute
House bill.
NATIONAL REVIEW TEAM
H--/S515
House bill
No similar provision.
Senate bill
Section 517 requires the FAA to create a national review
team to conduct unannounced, periodic, random reviews of the
Administration's oversight of air carriers that will report to
the Administrator and the relevant Congressional Committees.
Members of the team may not review an air carrier that they
previously had responsibility for overseeing. The section would
also direct the DOT IG to provide progress reports on the
review team's effectiveness to Congress.
Conference Substitute
House bill.
SAFETY INSPECTIONS OF REGIONAL CARRIERS
H--/S559
House bill
No similar provision.
Senate bill
Section 559 instructs the Administrator to make random,
on-site safety inspections of regional air carriers at least
once a year.
Conference Substitute
Senate bill dropped because it is included in P.L. 111-
216, the Airline Safety Federal Aviation Administration
Extension Act of 2010.
OVERSIGHT OF PILOT FLIGHT TRAINING SCHOOLS
H--/S561
House bill
No similar provision.
Senate bill
Section 561 directs the Administrator to submit a plan to
Congress detailing the FAA's plans to enforce oversight of
Pilot Training Schools.
Conference Substitute
Senate bill dropped because it is included in P.L. 111-
216, the Airline Safety Federal Aviation Administration
Extension Act of 2010.
FEDERAL AVIATION ADMINISTRATION PILOT RECORDS DATABASE
H--/S551
House bill
No similar provision.
Senate bill
Section 551 requires that part 121 air carriers review a
pilot's entire history before making hiring decisions. It would
mandate that the FAA develop and maintain a comprehensive
database of pilot records, including both FAA records and air
carrier records. It contains provisions permitting pilots to
review and correct their records.
Conference Substitute
Senate bill dropped because it is included in P.L. 111-
216, the Airline Safety Federal Aviation Administration
Extension Act of 2010.
AIR CARRIER SAFETY MANAGEMENT SYSTEMS
H--/S552
House bill
No similar provision.
Senate bill
Section 552 directs the FAA to initiate a rulemaking
requiring all part 121 air carriers to implement three safety
programs as part of their Safety Management Systems (SMS)
including: an Aviation Safety Action Program (ASAP), a Flight
Operational Quality Assurance (FOQA) program, and a Line
Operations Safety Audit LOSA program. It would require that the
FAA implement employee protections for the ASAP and FOQA
programs and mandate that the FAA Administrator consider the
viability of integrating cockpit voice recorder data into
safety oversight practices and guarantee that the agency
enforce safety regulations in a consistent manner.
Conference Substitute
Senate bill dropped because it is included in P.L. 111-
216, the Airline Safety Federal Aviation Administration
Extension Act of 2010.
IMPROVED FLIGHT OPERATIONAL QUALITY ASSURANCE, AVIATION SAFETY ACTION,
AND LINE OPERATIONAL SAFETY AUDIT PROGRAMS
H--/S554
House bill
No similar provision.
Senate bill
Section 554 would limit the use of FOQA and ASAP and LOSA
data in judicial proceedings. FOQA, ASAP or LOSA data would
only be allowed in a judicial proceeding if the judge finds
that a party shows that the information is relevant, not
otherwise known or available, and demonstrates a particularized
need for the information that outweighs the intrusion upon the
confidentiality of these programs. If this information is used
in a judicial proceeding, the court would be required to
protect it against further dissemination with a protective
order and place the information under seal. This section would
prevent disclosure of this data through the FOIA but would not
prevent the NTSB from referring to information provided under
the FOQA, ASAP or LOSA programs.
Conference Substitute
Senate bill dropped because it is included in P.L. 111-
216, the Airline Safety Federal Aviation Administration
Extension Act of 2010.
RE-EVALUATION OF FLIGHT CREW TRAINING, TESTING, AND CERTIFICATION
REQUIREMENTS
H--/S555
House bill
No similar provision.
Senate bill
Section 555 requires the Administrator to develop and
implement a plan to reevaluate flight crew training procedures
and would specify what types of training would be included in
the review. It would require the Administrator to initiate a
new rulemaking to reevaluate minimum requirements to become a
commercial pilot, certificated captain, and when transitioning
to a new type of aircraft.
Conference Substitute
Senate bill dropped because it is included in P.L. 111-
216, the Airline Safety Federal Aviation Administration
Extension Act of 2010.
FLIGHTCREW MEMBER MENTORING, PROFESSIONAL DEVELOPMENT, AND LEADERSHIP
H--/S556
House bill
No similar provision.
Senate bill
Section 556 requires the FAA to establish an ARC to
develop flight crew mentoring programs and establish or modify
training existing programs to include leadership and command
training.
Conference Substitute
Senate bill dropped because it is included in P.L. 111-
216, the Airline Safety Federal Aviation Administration
Extension Act of 2010.
FLIGHTCREW MEMBER SCREENING AND QUALIFICATIONS
H--/S557
House bill
No similar provision.
Senate bill
Section 557 requires the FAA to issue a rule that ensures
flight crew members have proper qualifications and experience,
including a minimum of 800 hours of flight training, before
serving as a flight crew member for a part 121 air carrier.
Conference Substitute
Senate bill dropped because it is included in P.L. 111-
216, the Airline Safety Federal Aviation Administration
Extension Act of 2010.
ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO THE TRAINING, HIRING,
AND OPERATION OF AIRCRAFT BY PILOTS
H--/S560
House bill
No similar provision.
Senate bill
Section 560 requires the FAA to issue a final rule
establishing training safety standards for pilots within 180
days after enactment of this Act.
Conference Substitute
Senate bill dropped because it is included in P.L. 111-
216, the Airline Safety Federal Aviation Administration
Extension Act of 2010.
DEFINITIONS
H--/S563
House bill
No similar provision.
Senate bill
Section 563 defines the terms: ``Aviation Safety Action
Program,'' ``Administrator'', ``Air Carrier'', ``FAA'',
``Flight Operational Quality Assurance Program'', ``Line
Operation Safety Audit Program'', and ``Part 121 Air Carrier''.
Conference Substitute
House bill.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle B--Essential Air Service
ESSENTIAL AIR SERVICE MARKETING
H401/S417
House bill
Section 401 specifies that when deciding where to award
an Essential Air Service (EAS) contract, the Secretary of
Transportation must consider, whether the air carrier has
included a plan in its proposal to market its services to the
community.
Senate bill
Section 417 similar provision, but it requires that all
applications for EAS are to include a marketing plan to promote
community involvement in their EAS service.
Conference Substitute
House bill.
NOTICE TO EAS COMMUNITIES PRIOR TO TERMINATION OF EAS ELIGIBILITY
H402/S--
House bill
Section 402 requires the Secretary of Transportation to
notify a community receiving EAS at least 45 days in advance of
any final decision to end EAS payments to that community due to
a determination by the Secretary that providing such service
requires a subsidy in excess of the per passenger subsidy cap.
The Secretary shall establish procedures by which each
community that is notified of an impending loss of subsidy may
work directly with an air carrier to ensure that the air
carrier is able to submit a proposal to the Secretary that does
not require a subsidy in excess of the per passenger subsidy
cap.
Senate bill
No similar provision.
Conference Substitute
House bill.
RESTORATION OF ELIGIBILITY
H406/S418
House bill
Section 406 authorizes state and local governments to
submit a proposal to restore essential air service to a
location after that location's per passenger subsidy has been
determined to be over the allowable dollar amount. To qualify
for restoration of service, the Secretary must determine that
the rate of subsidy per passenger under the proposal does not
exceed the allowable amount and the proposal is consistent with
the legal and regulatory requirements of the essential air
service program.
Senate bill
Section 418 is a similar provision.
Conference Substitute
House and Senate bills modified to include proposals to
restore essential air service to locations that have been
determined to have fewer than 10 enplanements per day. To
qualify for restoration of service, the Secretary must
determine that the rate of subsidy per passenger under the
proposal does not exceed the allowable amount, the proposal is
likely to result in an average of at least 10 enplanements per
day, and the proposal is consistent with the legal and
regulatory requirements of the essential air service program.
ESSENTIAL AIR SERVICE CONTRACT GUIDELINES
H403/S413
House bill
Section 403 authorizes DOT to provide incentive payments
to communities for achieving performance goals, and to execute
long- term EAS contracts. Requires DOT to issue revised
guidelines incorporating these changes within 18 months after
the date of enactment. Requires DOT to report to Congress on
the extent to which the revised guidelines have been
implemented, and the impact such implementation has had, every
two years after the guidelines are established.
Senate bill
Section 413 is a similar provision, but it does not
contain language on issuing guidance or the report.
Conference Substitute
House bill modified to extend the deadline for issuance
of revised guidelines to one year after date of enactment.
ESSENTIAL AIR SERVICE REFORM
H404/S415
House bill
Section 404 authorizes $97.5 million for Essential Air
Service (EAS) in FY 2011, $60 million in FY 2012, and $30
million in FY 2013. These amounts are in addition to the $50
million per year the EAS program is authorized to receive under
current law from overflight fees collected by the FAA.
Beginning in FY 2014, section 404 limits the amount EAS would
receive from overflight fees to the amount needed to provide
EAS to eligible communities in Alaska and Hawaii. In addition,
it directs the Secretary of Transportation to take such actions
as may be necessary to administer the EAS program within the
amount of funding made available for the program.
Senate bill
Section 415 authorizes $150 million per year for EAS,
plus $50 million from overflight fees. It requires any
overflight fees in excess of $50 million to be obligated for
various EAS programs, including the code sharing pilot program
under section 406 of Vision 100 and the alternate air service
pilot program under Sec. 41745.
Conference Substitute
Authorizes $143 million for EAS in FY 2012, $118 million
in FY 2013, $107 million in FY 2014, and $93 million in FY
2015. In addition, authorizes all overflight fees collected by
the FAA to be made available, until expended, to carry out the
essential air service program.
SMALL COMMUNITY AIR SERVICE
H405/S416
House bill
Section 405 adds an additional factor that the Secretary
of Transportation must consider in selecting communities for
participation in the Small Community Air Service Development
(SCASD) program. In addition to the existing criteria for
participation in the program, the Secretary is required to give
priority to multiple communities that cooperate to submit a
regional or multi-state application to improve air service. It
eliminates the general fund authorization of appropriations for
the SCASD program, funding it instead through overflight fee
collections.
Senate bill
Section 413 extends the authorization for the SCASD
program at its authorized funding level of $35 million per year
through FY 2011.
Conference Substitute
Requires the Secretary to give priority to multiple
communities that cooperate to submit a regional or multistate
application to consolidate air service into one regional
airport. Authorizes the appropriation of $6 million for the
Small Community Air Service Development program for each of
fiscal years 2012 through 2015.
ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED COSTS
H406/S418(g)
House bill
Section 406 permits the Secretary of Transportation to
increase the rates of compensation payable to air carriers
under the EAS program to compensate carriers for increased
aviation fuel costs, without regard to any agreement, without
requiring the negotiation of existing contracts, and without
any notice requirement. It removes the 90 day period in which
the Secretary may continue to pay the amount previously
contracted for an EAS carrier who has given notice, but has
been required to continue operating.
Senate bill
Section 418(g) is a similar provision.
Conference Substitute
House bill.
REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM
H407/S419
House bill
Section 407 eliminates an EAS pilot program in which
communities assumed a portion of the cost of providing EAS to
the community.
Senate bill
Section 419 is a similar provision with minor technical
differences.
Conference Substitute
House and Senate bills.
SUNSET OF ESSENTIAL AIR SERVICE PROGRAM
H408/S420,421
House bill
Section 408 sunsets the EAS program everywhere except
Alaska and Hawaii as of October 1, 2013.
Senate bill
Section 420 imposes limits EAS to locations that average
ten or more enplanements per day, with an exception for Alaska.
It authorizes the Administrator to waive this limitation with
respect to a location if the Administrator determines that the
reason the location averages fewer than ten enplanements per
day is not because of inherent issues with the location.
Section 421 limits EAS to locations that are 90 or more
miles away from the nearest medium or large hub airport. It
authorizes the Secretary of Transportation to waive this
limitation as a result of geographic characteristics resulting
in undue difficulty accessing the nearest medium or large hub
airport.
Conference Substitute
Senate bill, except the requirement that locations be at
least 90 miles away from the nearest large or medium hub
airport is deleted; the requirement that locations have at
least 10 enplanements per day only applies to locations that
are within 175 miles of a large or medium hub airport; and an
exception is added for locations in the State of Hawaii and
Alaska. In addition, instead of sunsetting the program as
proposed in the House bill, the conference substitute freezes
the program at the communities currently participating.
Specifically, except in Alaska and Hawaii, the conference
agreement limits eligibility for EAS to those communities that,
at any time from September 30, 2010, to September 30, 2011,
either received subsidized EAS or were notified by the last
carrier providing unsubsidized service to the community of the
carrier's intent to terminate such service.
Subtitle A--Passenger Air Service Improvements
SMOKING PROHIBITION
H421/S--
House bill
Section 421 prohibits smoking on aircraft in all
intrastate, interstate, and foreign air transportation for
scheduled passenger or nonscheduled passenger air
transportation when a flight attendant is required.
Senate bill
No similar provision.
Conference Substitute
House bill.
MONTHLY AIR CARRIER REPORTS
H422/S402
House bill
Section 422 requires air carriers that file monthly
service reports to also file a monthly report on each flight
diverted and each flight that departs the gate but is cancelled
before the flight takes off. It requires the Secretary of
Transportation to compile the information in a single monthly
report and publish it on a DOT website.
Senate bill
Section 402 requires air carriers to publish on their
website, and update monthly, a list of chronically delayed
flights operated by the air carrier. It requires air carriers
and authorized entities to disclose the on-time performance for
a chronically delayed flight when a customer books a flight on
the carrier's website, prior to actual purchase of a ticket.
Conference Substitute
House bill.
MUSICAL INSTRUMENTS
H424/S713
House bill
Section 424 requires air carriers to permit passengers to
carry a small musical instrument, such as a violin, guitar,
onto the aircraft cabin if it can be stowed safely in a
suitable baggage compartment in the aircraft cabin or baggage
or cargo storage compartment if the instrument can be stowed
properly and there is space for such instruments. Air carriers
are to permit passengers to bring a large instrument into the
passenger compartment if the instrument can be stowed properly
in a seat and the passenger has purchased a seat for the
instrument. Air carriers must transport as checked baggage
musical instruments that may not be carried on provided they
meet certain weight and size limitations (i.e., if the sum of
length, width, and height does not exceed 150 inches, weigh
over 165 pounds, or exceed size and weight restrictions for
that aircraft) and can be properly stowed. It directs, no later
than two years after the date of enactment, the Secretary of
Transportation to issue final regulations to carry out this
section.
Senate bill
Section 713 is a similar provision, but it does not
specify that passengers carrying musical instruments would be
charged fees for that luggage. There is no deadline for the
rulemaking to be completed by, but it includes a mandate to
require carrier participation.
Conference Substitute
House bill modified to specify that passengers carrying
musical instruments are subject to the same baggage fees
assessed to all other types of carry-on baggage if a seat is
not purchased for that instrument.
EXTENSION OF COMPETITIVE ACCESS REPORTS
H--/S705
House bill
No similar provision.
Senate bill
Section 705 makes the requirement for air carriers to
file competitive access reports permanently by eliminating the
current sunset provision. Current law requires large and medium
hub airports to file semi-annual competition disclosure reports
with DOT before receiving an AIP grant if the airport was
unable to accommodate an airline request for facility access.
The report must explain the reason for the lack of
accommodation and time frame for accommodation.
Conference Substitute
Senate bill modified to the length of the bill.
AIRFARES FOR MEMBERS OF THE ARMED SERVICES
H426/S433
House bill
Section 426 expresses the Sense of Congress that each
domestic air carrier should seek to provide active duty members
of the Armed Services who are traveling on leave or liberty at
their own expense with: reduced air fares that are comparable
to the lowest airfare for ticketed flights, and that eliminate
to the maximum extent possible advanced purchase requirements;
no baggage and excess weight fees, or reduced fees; 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 proactive measures to
ensure that all airline employees are trained in the policies
pertaining to members of the Armed Forces who are on leave.
Senate bill
Section 433 is a similar provision with minor technical
differences.
Conference Substitute
House bill.
REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, AND ASSOCIATED
CAUSES
H427/S--
House bill
Section 427 requires the Inspector General of the
Department of Transportation (DOT IG) to conduct a review
regarding air carrier flight delays, cancellations, and
associated causes, to update its 2000 report, within one year
of enactment.
Senate bill
No similar provision.
Conference Substitute
House bill.
COMPENSATION FOR DELAYED BAGGAGE
H429/S--
House bill
Section 429 directs the U.S. Government Accountability
Office to study delays in the delivery of checked baggage to
passengers, assess options and examine: the impact of
establishing minimum standards to compensate a passenger in the
case of unreasonable delays; take into consideration the
additional fees for checked baggage that are imposed by many
air carriers; and how the additional fees should improve a
carrier's baggage performance. The report must be submitted
within 180 days of the date of enactment.
Senate bill
No similar provision.
Conference Substitute
House bill.
DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS
H431/S403
House bill
Section 431 directs the Secretary of Transportation to
investigate consumer complaints regarding: 1) flight
cancelations; 2) overbooking flights; 3) lost or damaged
baggage; 4) problems obtaining refunds; 5) incorrect
information regarding fares; 6) frequent flyer programs; and 7)
deceptive or misleading advertising.
Senate bill
Section 403 is a similar provision, but with language
requiring a budget needs report.
Conference Substitute
House bill.
STUDY OF OPERATORS REGULATED UNDER PART 135
H432/S--
House bill
Section 432 requires the Administrator, along with
interested parties, to conduct a study of part 135 operators
within 18 months of enactment, and an update within three
years, and every two years thereafter.
Senate bill
No similar provision.
Conference Substitute
House bill with modification removing the requirement for
follow up reports every two years.
USE OF CELL PHONES ON PASSENGER AIRCRAFT
H433/S--
House bill
Section 433 directs the Administrator to conduct a study
within four months of enactment on the impact of the use of
cell phones for voice communications in scheduled flights where
currently permitted by foreign governments in foreign air
transportation. The results of the study must be published and
open to public comment, and a final report must be submitted to
Congress within nine months of enactment.
Senate bill
No similar provision.
Conference Substitute
House bill.
ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER PROTECTION
H--/S404
House bill
No similar provision.
Senate bill
Section 404 requires the establishment of an advisory
committee for the Secretary of Transportation regarding
aviation consumer protection. Membership would consist of one
representative each from an air carrier, airport operator, and
a state or local government with expertise with consumer
protection matters, and one nonprofit group with expertise in
consumer protection matters. It directs the advisory committee
to report annually on its recommendations on February 1 of each
of the first two calendar years of enactment.
Conference Substitute
Senate bill modified to make the provision last the
length of the bill and removes travel per diem for members of
the advisory committee.
DISCLOSURE OF SEAT DIMENSIONS TO FACILITATE THE USE OF CHILD SAFETY
SEATS ON AIRCRAFT
H--/S408
House bill
No similar provision.
Senate bill
Section 408 directs the Administrator to prescribe
regulations, within six months of enactment, to facilitate the
use of child safety seats on aircraft. The regulations must
require part 121 air carriers to post on their websites the
maximum dimensions of a child safety seat that can be used on
each aircraft operated by the air carrier to enable passengers
to determine which child safety seats can be used on those
aircraft.
Conference Substitute
Senate bill with modified language changing the deadline
for the regulations from six months to twelve months. The
conference committee also believes that passengers should be
made fully aware of the location of final assembly of the
aircraft on which they fly. Therefore, the committee believes
the Secretary should require air carriers to position the
``location of final assembly'' notification immediately below
the aircraft model number on the front page of the information
placard.
SCHEDULE REDUCTION
H430/S--
House bill
Section 430 directs the FAA to convene a conference of
air carriers to voluntarily reduce aircraft operations if the
FAA determines that operations of those carriers are exceeding
the hourly maximum departure and arrival rates, and the excess
operations are likely to have a significant adverse effect on
the NAS. It authorizes FAA to take action as necessary if there
is no voluntary agreement to reduce schedules.
Senate bill
No similar provision.
Conference Substitute
House bill modified by adding new section specifying that
the Administrator shall give priority to United States-flagged
air carriers in permitting additional operations subsequent to
any voluntary or non-voluntary reduction in operations.
FLIGHT OPERATIONS AT RONALD REAGAN WASHINGTON NATIONAL AIRPORT
H423/S737
House bill
Section 423 directs the Secretary of Transportation to
grant an additional ten beyond-perimeter exemptions (from 24
under current law to 34) at Washington Reagan National Airport
(DCA). It increases the number of operations by which
exemptions may increase operations during any one-hour period
between 7:00 AM and 9:59 PM, from three to five. The
Administrator is required to reduce the hourly air carrier slot
quota at DCA by ten slots in order to grant the additional
exemptions provided. These reductions are required to be taken
in the 6:00 AM, 10:00 PM or 11:00 PM hours. Scheduling priority
is to be given to new entrant air carriers and limited
incumbent air carriers over operations conducted by air carrier
grant exemptions. The highest scheduling priority is given to
beyond-perimeter operations conducted by new entrant air
carrier and limited incumbent air carriers.
Senate bill
Section 737 creates additional beyond perimeter
commercial flights at DCA with 24 beyond-perimeter round trip
flights (10 to limited incumbents or new entrants and 14 to
incumbents) would be permitted, and an additional eight could
be added later if the Secretary of Transportation determines
that the first 24 did not negatively impact the airport. It
specifies that if an incumbent carrier that uses a slot for
service to a large hub airport within the perimeter receives
one or more the 24 additional beyond-perimeter round trip
flights authorized by this provision, it must discontinue the
use of that slot for within-perimeter service and, in place of
that service, operate beyond-perimeter service. It prohibits
the Secretary from granting any more than two slot exemptions
to an air carrier with respect to the same airport, except in
the case of an airport serving an area with a population of
more than 1 million. Any carrier receiving an exemption for
beyond-perimeter service is prohibited from using multi-aisle
or wide body aircraft, and from selling, trading, leasing, or
otherwise transferring the rights to its beyond-perimeter
exemptions, except through a merger or acquisition, and must
use the slot within 60 days of receiving the exemption. If an
incumbent carrier that uses a slot for service to a large hub
airport within the perimeter receives one or more of the eight
additional exemptions authorized by this provision, it must
discontinue the use of that slot for within-perimeter service
and, in place of that service, operate beyond-perimeter
service. It authorizes Metropolitan Washington Aviation
Authority (MWAA) to use revenues derived at either DCA or
Washington Dulles International Airport (IAD) for operating and
capital expenses (including debt service, depreciation and
amortization) at the other airport.
Conference Substitute
House and Senate bills merged to direct the Secretary of
Transportation to grant 16 exemptions for additional beyond
perimeter commercial flights at Ronald Reagan Washington
National Airport (DCA). Of the 16 exemptions created, the
Secretary shall make eight available to limited incumbent air
carriers and new entrant air carriers. When allocating such
exemptions, the Secretary shall consider the extent to which
the exemptions will provide air transportation with domestic
network benefits in areas beyond the perimeter; increase
competition in multiple markets; not reduce travel options for
communities served by small hub airports and medium hub
airports within the perimeter; not result in meaningfully
increased travel delays; enhance options for nonstop travel to
and from the beyond-perimeter airports that will be served as a
result of those exemptions; have a positive impact on the
overall level of competition in the markets that will be served
as a result of those exemptions; or produce public benefits,
including the likelihood that the service to airports located
beyond the perimeter will result in lower fares, higher
capacity, and a variety of service options.
The Secretary shall also make available eight slot
exemptions for other incumbent air carriers qualifying for
status as a non-limited incumbent carrier at DCA. Each such
non-limited incumbent air carrier may operate up to a maximum
of two of the newly authorized slot exemptions. Each such non-
limited incumbent air carrier, prior to exercising an exemption
made available shall discontinue the use of a slot for service
between DCA and a large hub airport within the perimeter, and
operate, in place of such service, service between DCA and an
airport located beyond the perimeter. Each such non-limited
incumbent air carrier shall be entitled to return of the slot
by the Secretary if use of the exemption made available is
discontinued; shall have sole discretion concerning the use of
an exemption including the initial or any subsequent beyond
perimeter destinations to be served; and shall file a notice of
intent with the Secretary and subsequent notices of intent,
when appropriate, to inform the Secretary of any change in
circumstances concerning the use of any exemption. Such notices
of intent shall specify the beyond perimeter destination to be
served and the slots the carrier shall discontinue using to
serve a large hub airport located within the perimeter. Each
such non-limited incumbent air carrier operating an exemption
may not operate a multi-aisle or widebody aircraft in
conducting such operations and shall be prohibited from
transferring the rights to its beyond-perimeter exemptions.
The Secretary shall afford a scheduling priority to
operations conducted by new entrant air carriers and limited
incumbent air carriers over operations conducted by other air
carriers granted additional slot exemptions; a scheduling
priority to slot exemptions currently held by new entrant air
carriers and limited incumbent air carriers for service to
airports located beyond the perimeter to the extent necessary
to protect viability of such service; and consider applications
from foreign air carriers that are certificated by the
government of Canada if such consideration is required by the
bilateral aviation agreement between the U.S. and Canada.
The exemptions granted by the Secretary may not be for
operations between the hours of 10:00 p.m. and 7:00 a.m.; and
may not increase the number of operations at DCA in any 1-hour
period during the hours between 7:00 a.m. and 9:59 p.m. by more
than five operations. A non-limited incumbent air carrier
utilizing an exemption for an arrival after 10:01 p.m. must
discontinue use of an existing slot during the same time period
the arrival exemption is operated.
In determining a limited incumbent, the Secretary shall
consider any air carrier operating 40 or fewer slots at DCA.
The term `slot' shall not include slot exemptions; slots
operated by an air carrier under a fee-for-service arrangement
for another air carrier, if the air carrier operating such
slots does not sell flights in its own name, and is under
common ownership with an air carrier that seeks to qualify as a
limited incumbent and that sells flights in its own name; or
slots held under a sale and license-back financing arrangement
with another air carrier, where the slots are under the
marketing control of the other air carrier. The Secretary shall
prohibit the transfer of exemptions except through an air
carrier merger or acquisition. The definition of airport
purposes at the Metropolitan Washington Aviation Authority
(MWAA) shall include a business or activity not inconsistent
with the needs of aviation that has been approved by the
Secretary.
PASSENGER AIR SERVICE IMPROVEMENTS
H425/S401
House bill
Section 425 requires that within 90 days of enactment,
air carriers and each operator of a medium- or large-hub
airport, file emergency contingency plans with the Secretary of
Transportation for review and approval. Air carriers are
required to update their plans every three years and airports
must update every five years. The Secretary is also directed to
establish a toll-free consumer complaints hotline telephone
number for use of passengers. The Secretary is instructed to
take action to notify the public of the DOT's consumer
complaints hotline telephone number and related website. Air
carriers providing scheduled air service are required to
include on their website consumer complaints hotline
information for DOT and the air carrier as well as a hotline
telephone number on carrier signs displayed at airport ticket
counters, and on any electronic confirmation of the purchase of
a passenger ticket. It directs the Secretary to establish a
website that contains a listing of the countries that may
require a U.S. or foreign air carrier to treat an aircraft
passenger cabin with insecticides prior to a flight 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. Air carriers are required to update their emergency
contingency plans every three years, and airport operators
every five years.
Senate bill
Section 401 requires air carriers and airport operators
to develop contingency plans to address situations in which the
departure of a flight is substantially delayed while passengers
are confined to an aircraft. Each plan would have to be
submitted to the DOT for review and approval by the Secretary
of Transportation, and would be required to address minimum
standards established by the Department. At a minimum, the
plans for air carriers must outline how the airline will
guarantee that the passengers are provided: a) adequate food,
potable water, and restroom facilities; b) cabin ventilation
and comfortable cabin temperatures, and; c) access to necessary
medical treatment. It specifies that airlines must allow
passengers to deplane if three hours have elapsed since the
doors have closed and the aircraft has not departed, or the
aircraft has been landed for three hours but passengers have
been unable to deplane. Exceptions to the deplane requirements
would exist only when a pilot reasonably believes that the
aircraft will depart within 30 minutes, or if the pilot
believes that deplaning the passengers would jeopardize
passenger security or safety. Airport operators would also be
required to submit a plan to the DOT for approval that provides
for the deplanement of passengers following extended tarmac
delays. The Secretary would also be required to perform
periodic reviews of the air carrier and airport operator plans,
and would be authorized to impose civil penalties on air
carriers or airport operators that fail to meet the
requirements of such plans. It directs the DOT to create a
consumer complaint hotline telephone number.
Conference Substitute
House and Senate bills merged and modified. The modified
section includes House language requiring emergency contingency
plans by air carriers and modified to include large, medium,
small, and non-hub airports. Included in the section is
modified language that would give passengers the option to
deplane and return to airport terminal when there is an
excessive tarmac delay, except if there is a safety, security
or disruption of airport operations causes that would result
from deplanement. The Secretary of Transportation is to
determine the length of a tarmac delay that would be deemed
``excessive''. Lastly, the section includes House language on
consumer complaints and use of pesticides in a passenger
aircraft.
DENIED BOARDING COMPENSATION
H428/S--
House bill
Section 428 requires the Secretary of Transportation to
evaluate, within six months of enactment and every two years
thereafter, the amount provided for denied boarding
compensation and issue a regulation to adjust such compensation
as necessary.
Senate bill
No similar provision.
Conference Substitute
Senate bill. The Department of Transportation is already
conducting a rulemaking on this subject.
DISCLOSURE OF PASSENGER FEES
H--/S405
House bill
No similar provision.
Senate bill
Section 405 directs the Secretary of Transportation to
complete a rulemaking that requires air carriers to provide the
public a list of charges, besides airfare (e.g., baggage fees
and meal fees), that the air carrier may be imposing on
passengers. The Secretary would be authorized to require an air
carrier to make the list of fees public, and the list must be
updated every 90 days unless there is no increase in the amount
or type of fees being imposed.
Conference Substitute
House bill.
DISCLOSURE OF AIR CARRIERS OPERATING FLIGHTS FOR TICKETS SOLD FOR AIR
TRANSPORTATION
H--/S406
House bill
No similar provision.
Senate bill
Section 406 requires the Office of Aviation Consumer
Protection in DOT to establish rules to ensure that all
consumers are able to easily and fairly compare airfares and
charges paid when purchasing tickets for air transportation,
including taxes and fees. This section requires taxes and fees
be disclosed on the website prior to the purchaser providing
personal information and makes failure to disclose an ``unfair
and deceptive practice.''
Conference Substitute
Senate provision dropped because it is included in P.L.
111-216, the Airline Safety and Federal Aviation Administration
Extension Act of 2010.
NOTIFICATION REQUIREMENTS WITH RESPECT TO THE SALE OF AIRLINE TICKETS
H--/S407
House bill
No similar provision.
Senate bill
Section 407 requires the Office of Aviation Consumer
Protection and Enforcement within the DOT to establish rules to
clarify what must be disclosed in an aviation fare quote in
order for consumers to easily and fairly compare airfares and
charges among carriers. It directs the Secretary of
Transportation, in consultation with the FAA, to prescribe such
regulations as may be necessary.
Conference Substitute
House bill.
EAS CONNECTIVITY PROGRAM
H--/S411
House bill
No similar provision.
Senate bill
Section 411 directs the Secretary of Transportation to
establish a program under which the DOT shall require, in up to
ten communities, that air carriers participating in Essential
Air Service (EAS), and major air carriers serving large hub
airports, participate in code-share arrangements, consistent
with normal industry practice, whenever and wherever the
Secretary determines that such multiple code-sharing
arrangements would improve air transportation services.
Conference Substitute
No provision.
EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE ADJUSTMENT ELIGIBILITY
H--/S412
House bill
No similar provision.
Senate bill
Section 412 extends a provision that specifies that the
most commonly used route between an eligible place and the
nearest medium hub airport or large hub airport is to be used
to measure the highway mileage considered in reviewing any
action to eliminate compensation for EAS to such place, or
terminate the location's compensation eligibility for such
service. It would further terminate any such final order on
September 30, 2011.
Conference Substitute
Extends to September 30, 2015, the date on which the
final order issued under section 409 of Vision 100 shall
terminate.
CONVERSION OF FORMER EAS AIRPORTS
H--/S414
House bill
No similar provision.
Senate bill
Section 414 requires the Secretary of Transportation to
establish a program to provide general aviation conversion
funding for airports serving eligible places that the Secretary
has determined no longer qualify as eligible places for EAS
subsidies.
Conference Substitute
No provision.
USE OF CERTAIN LANDS AT LAS VEGAS MCCARRAN INTERNATIONAL AIRPORT
H--/S434
House bill
No similar provision.
Senate bill
Section 434 authorizes Clark County, Nevada, to permit
the use of certain lands in the Las Vegas McCarran
International Airport Environs Overlay District for transient
lodging and associated facilities. This provision prohibits the
construction of facilities that would constitute a hazard to
air navigation, result in an increase to minimum flight
altitudes, or otherwise pose a significant adverse impact on
airport or aircraft operations.
Conference Substitute
House bill.
TITLE V--ENVIRONMENTAL STREAMLINING AND STEWARDSHIP
OVERFLIGHTS OF NATIONAL PARKS
H501/S709
House bill
Section 501 exempts operators in parks with 50 or fewer
annual air tour flights from the statutory permitting
requirement, with a provision for the National Park Service
(NPS) director to withdraw an exemption on a park-specific
basis if necessary to protect park resources or visitor
experiences. It allows NPS and FAA to enter into a voluntary
agreement with a commercial air tour operator as an alternative
to creation of an air tour management plan. FAA and NPS must
solicit public comments and must consult with occupants of
affected tribal lands before entering into a voluntary
agreement. It provides that a voluntary agreement may require
payment of overflight fees. The FAA and NPS are permitted to
terminate a voluntary agreement if: 1) NPS finds the agreement
no longer protects park resources; or 2) FAA determines
operations under the agreement adversely affect safety or the
national aviation system. It permits modifications to interim
operating authority, and allows a grant of interim authority to
a new entrant operator, if: 1) the operator provides adequate
information to NPS and FAA; 2) FAA determines modification
would not adversely affect safety or the national aviation
system; and 3) NPS determines modification would not adversely
affect park resources. Commercial air tour operators must
report the number of commercial air tours over parks.
Senate bill
Section 709 allows air tour overflights over a national
park when a voluntary agreement has been reached between the
operator and the appropriate representative of the national
park. This section provides a waiver from the general rule
prohibiting tour operations over national parks for national
parks that have 100 or fewer air tour overflights each year.
The Secretary of the Interior is instructed to assess a fee on
commercial air tour operators operating over a national park to
be used to fund the development of air tour management plans.
It prescribes penalties for operators that do not pay this fee.
This section provides the Director of NPS with flexibility in
determining how to manage air tours at Crater Lake National
Park.
Conference Substitute
House bill modified to include language on flexibility
for Crater Lake National Park.
STATE BLOCK GRANT PROGRAM
H502/S209
House bill
Section 502 requires the issuance of guidance for
carrying out the AIP State Block Grant Program (SBGP) rather
than regulations. It adds to required standards a State must
agree to meet in order to be eligible for a grant under the
program with: National Environmental Policy Act (NEPA) of 1969
standards, state and local environmental policy acts, executive
orders, agency regulations and guidance, and other federal
environmental requirements. Furthermore, it adds a provision
that requires any federal agency, except the FAA, that is
responsible for issuing an approval, license or permit to
ensure compliance with a federal environmental requirement
applicable to a project to be carried out by a State using
funds from a block grant must: 1) coordinate and consult with
the State; 2) use the environmental analysis prepared by the
State for the project; and 3) supplement such analysis as
necessary.
Senate bill
Section 209 codifies current practice that State
participants in the State Block Grant Program have
responsibility and authority to comply with applicable
environmental requirements for projects at non-commercial
service airports within the purview of the SBGP. The FAA
administers the SBGP by authorizing participating states once a
year to receive a block of funds for any eligible non-primary
airport project. This section would make a minor change to 49
U.S.C. section 47128(a) by replacing the term ``regulations''
with ``guidance'' because the FAA has issued guidance in the
form of the AIP Handbook, 5100.38, to implement its airport
improvement program. It establishes a pilot program for up to
three States that are currently not in the program to
participate in the program.
Conference Substitute
House bill.
AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS
H503/S210
House bill
Section 503 authorizes the FAA to accept funds from
airport sponsors to conduct: 1) special environmental studies
for ongoing federally-funded airport projects; 2) special
studies to support approved airport noise compatibility
measures or environmental mitigation commitments in an agency
record of decision or a finding of no significant impact; and
3) a review and completion of environmental activities
associated with new or amended flight procedures, including
performance-based navigation procedures and area navigation
procedures.
Senate bill
Section 210 is a similar provision.
Conference Substitute
House bill.
GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES
H506/S211
House bill
Section 506 authorizes grants to airport operators to
assist in completing environmental review and assessment
activities for proposes to implement flight procedures that
have been approved for airport noise compatibility planning
purposes. It permits the Administrator to accept funds from an
airport sponsor, including funds provided in noise
compatibility planning grants, to hire additional staff or
consultants to facilitate timely review and competition of
environmental activities associated with the proposed changes
in flight procedures. Funds received under this section shall
be credited as offsetting collections to the account that
finance the activities and services for which the funds are
accepted; shall be available for expenditure only to pay the
costs of activities and services for which the funds are
accepted; and shall remain available until expended.
Senate bill
Section 211 is a similar provision, but it specifies that
funds received under this authority are exempt from the
procedures applicable to gifts received by the Administrator.
Conference Substitute
House bill.
DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL PROPERTIES
H507/S--
House bill
Section 507 requires the Secretary of Transportation to
ensure that an appraisal for fair market value of any property
to be acquired disregards any decrease or increase in the value
caused by the project for which the property is being acquired
or by the likelihood that the property would be acquired. It
directs that physical deterioration within reasonable control
of the owner should be considered.
Senate bill
No similar provision.
Conference Substitute
House bill.
PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 75,000 POUNDS OR
LESS NOT COMPLYING WITH STAGE 3 NOISE LEVELS
H508/S710
House bill
Section 508 requires that all civil subsonic jet aircraft
under 75,000 pounds must meet Stage 3 noise levels within the
48 contiguous states by December 31, 2016, with some exceptions
for the following types of temporary operations: 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 at an overseas
maintenance facility; 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 aircraft in
anticipation of above activities; 7) to provide transport of
persons or goods in an emergency situation; and 8) to divert
the aircraft to an alternative airport on account of weather,
or safety reasons. It authorizes the Secretary of
Transportation to prescribe regulations as necessary.
Senate bill
Section 710 is a similar provision with minor technical
differences, including a different deadline set at December 31,
2014. Airports are allowed to opt-out of this prohibition, at
which time the Secretary of Transportation will post notices on
its website or another place easily accessible to the public.
Conference Substitute
House bill modified, moving the deadline to December 31,
2015.
AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM
H509/S--
House bill
Section 509 directs the Secretary of Transportation to
carry out a pilot program at up to five public-use airports to
design, develop, and test new air traffic flow management
technology to better manage the flow of aircraft on the ground
and reduce ground holds and idling times for aircraft. In
selecting participating airports, the Secretary must 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. No more than $2.5 million may be
expended at any single public-use airport.
Senate bill
No similar provision.
Conference Substitute
House bill.
HIGH-PERFORMANCE, SUSTAINABLE, AND COST-EFFECTIVE ATC FACILITIES
H510/S--
House bill
Section 510 requires the implementation of 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 to the
maximum extent practicable.
Senate bill
No similar provision.
Conference Substitute
House bill.
SENSE OF CONGRESS
H511/S--
House bill
Section 511 expresses Sense of Congress that the European
Union (EU) should not extend its emissions trading proposal to
international civil aviation operations without working through
International Civil Aviation Organization (ICAO) and other
relevant air services agreements, and that the EU should work
with ICAO to develop a consensual approach to addressing
aircraft greenhouse gas emissions. It expresses the Sense of
Congress that the U.S. Government should use all political,
diplomatic, and legal tools at their disposal to ensure that
the EU's emission trading scheme is not applied to aircraft
registered by the U.S. or the operators of those aircraft,
including the mandates that U.S. carriers provide emissions
data to and purchase emissions allowances from or surrender
emissions allowances to the EU Member states.
Senate bill
No similar provision.
Conference Substitute
House bill.
AVIATION NOISE COMPLAINTS
H512/S--
House bill
Section 512 requires owners or operators of a large hub
airport to publish a telephone number to receive noise
complaints on the airport's website within 90 days of
enactment. Any owner or operator who receives 25 or more
complaints per year will be required to submit an annual report
to the FAA regarding the number of complaints and a summary of
the nature of the complaints, which the Administrator must make
available to the public electronically.
Senate bill
No similar provision.
Conference Substitute
House bill modified to remove the annual reporting
requirement.
NEXTGEN ENVIRONMENTAL EFFICIENCY PROJECTS STREAMLINING
H503/S--
House bill
Section 503 incorporates NextGen environmental efficiency
projects into projects that are subject to streamlined
environmental review and given high priority in environmental
review. These include: 1) an airport capacity enhancement
project at a congested airport; and 2) a NextGen environmental
efficiency project at the 35 largest airports (i.e., OEP
airports) or any congested airports. It also clarifies the
jurisdictional agencies and the lead agency responsibility for
these projects. Defines ``NextGen environmental efficiency
project'' as a NextGen project that develops and certifies
performance-based navigation procedures; or develops other
environmental mitigation projects the Secretary of
Transportation may designate as facilitating a reduction in
noise, fuel consumption, or emissions from air traffic
operations.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
NOISE COMPATIBILITY PROGRAMS
H505/S--
House bill
Section 505 requires operators applying for noise
compatibility programs to state the measures they have taken or
propose to take to reduce existing noncompatible uses and
prevent introducing additional noncompatible uses in the area.
It adds as one of the measures, conducting comprehensive land
use planning jointly with neighboring local jurisdictions for
community redevelopment in an area in which land or other
property interests have been acquired by the operator, to
encourage and enhance redevelopment opportunities that reflect
zoning and uses that will prevent the introduction of
additional incompatible uses and enhance redevelopment
potential.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT PROGRAM
H--/S213
House bill
No similar provision.
Senate bill
Section 213 authorizes the Secretary of Transportation to
carry out up to six environmental mitigation projects at
public-use airports and make grants under special apportionment
funding for these demonstrations. To be eligible for the pilot
program, an airport would be required to be open to the public,
with priority consideration given to projects that would
achieve the greatest reductions in aircraft noise, airport
emissions, or airport water quality impacts. The federal
government would be limited to providing 50 percent of the cost
for the projects and limited to a total amount per project of
$2.5 million.
Conference Substitute
House bill.
PILOT PROGRAM FOR ZERO EMISSION AIRPORT VEHICLES
H--/S609
House bill
No similar provision.
Senate bill
Section 609 requires the Secretary of Transportation to
establish a pilot program to foster the acquisition and use of
zero emission vehicles on airports. Priority is given to those
airports in non-attainment areas and where the greatest air
quality benefits will be achieved. In 18 months, the Secretary
of Transportation shall report to Congress on the effectiveness
of the pilot program.
Conference Substitute
Senate bill modified to: change ``shall'' to ``may'' when
directing the Secretary of Transportation to establish a pilot
program; allowing public-use airports to be eligible in the
pilot program; permitting the Secretary of Transportation to
consider applications from public-use airports not in the
prescribed areas if there is a shortage of applicants; and
allowing participants to use university transportation centers.
New language is added that: establishes performance measures;
creates assessments of the data collected used in the program;
and makes a technical change.
INCREASING THE ENERGY EFFICIENCY OF AIRPORT POWER SOURCES
H--/S610
House bill
No similar provision.
Senate bill
Section 610 requires the Secretary of Transportation to
establish a program to encourage airport operators to assess
their energy requirements and identify ways to reduce emissions
and increase energy efficiency. The Secretary of Transportation
may make grants to eligible airports to acquire or construct
equipment and infrastructure to reduce emissions and improve
energy efficiency.
Conference Substitute
Senate bill modified by removing references to ``reducing
harmful emissions'' and makes minor technical corrections.
TITLE VI--EMPLOYEES AND ORGANIZATION
FAA PERSONNEL MANAGEMENT SYSTEM
H601/S313
House bill
Section 601 reforms the process by which the FAA resolves
labor disputes with employee unions arising in the collective
bargaining process. It requires the FAA and employee
representatives to use the services of the Federal Mediation
and Conciliation Service (FMCS). If they are unable to come to
an agreement on labor issues, or, by mutual agreement, they may
adopt alternate procedures to resolve disputes. If the
mediation is unsuccessful, the parties must submit their issues
to the Federal Service Impasses Panel (FSIP) that will assist
the parties in resolving the dispute by asserting jurisdiction
and ordering binding arbitration by a private arbitration board
of three members. The board will result from Executive Director
of the FSIP will request a list of 15 names from the Director
of the FMCS, the parties will select one arbitrator each from
the list, and the two arbitrators selected with then choose the
third. The arbitration board must render a decision within 90
days after the date of its appointment, and take into account
the following factors: 1) the effect of its decision on the
FAA's ability to attract and retain a qualified workforce; 2)
the effect of its decision on the FAA budget; 3) the effect of
its decision on other FAA employees; and 4) any other factors
that would assist the board in reaching a fair resolution. Upon
reaching a voluntary agreement or at the conclusion of the
binding arbitration, the final agreement will be subject to
ratification by the exclusive bargaining representative of the
employees, if so requested by the bargaining representative.
The final agreement must also be approved by the head of the
agency.
Senate bill
Section 313 is a similar provision, but it specifies that
jurisdiction over enforcement claims is limited to the U.S.
District Court for the District of Columbia.
Conference Substitute
House bill modified by deleting language directing the
board to take into consideration ``the effect of its
arbitration decisions on other Federal Aviation Administration
employees'' in making decisions.
PRESIDENTIAL RANK AWARD PROGRAM
H602/S307
House bill
In 1996, the FAA reformed its personnel system under
special authority provided by Congress (now codified under 49
U.S.C. section 40122), which exempted the FAA from many
requirements of the federal government's personnel system,
including the Presidential Rank Award Program. Section 602
would change the exemption and, through an amendment to 49
U.S.C. section 40122, allow the FAA's executives and senior
professionals to participate in the program.
Senate bill
Section 307 is the same provision.
Conference Substitute
House bill.
COLLEGIATE TRAINING INITIATIVE STUDY
H608/S--
House bill.
Section 608 requires the U.S. Government Accountability
Office to conduct a study on training options for graduates of
the Collegiate Training Initiative, and submit the study to
Congress within six months of enactment.
Senate bill
No similar provision.
Conference Substitute
House bill.
FRONT LINE MANAGER STAFFING
H610/S716
House bill
Section 610 requires the Administrator to commission an
independent study on front-line manager staffing requirements
in air traffic control facilities, and submit the final report
to Congress within nine months of enactment. Some
considerations to take into account are: managerial tasks;
number of supervisory positions; coverage requirements in
relation to traffic demands; facility type; complexity of
traffic and managerial responsibilities; and proficiency and
training requirements.
Senate bill
Section 716 requires the Administrator within 45 days
after enactment to study air traffic control front line manager
staffing requirements and submit any determinations made as a
result of the study to the Congress within six months after
enactment.
Conference Substitute
House bill.
FAA TECHNICAL TRAINING AND STAFFING
H603/S708(a),(b)
House bill
Section 603 requires the Administrator to conduct a study
on the adequacy of FAA's technical training strategy and
improvement plan for FAA transportation systems specialists.
The plan must include: recommendations to improve technical
training strategy and improvement planning; a description of
actions having been undertaken; and recommendations regarding
cost-effective approaches to training. The FAA is to report to
Congress within one year of enactment. It directs the
Administrator to contract with the National Academy of Sciences
within 90 days of enactment to conduct a study on the
assumptions and methods FAA uses to estimate staffing needs for
FAA transportation systems specialists and to ensure proper
maintenance and certification in the most cost-effective
manner. The Academy must submit its report to Congress one year
after contracted.
Senate bill
Section 708(a) and (b) similar provisions but it requires
the U.S. Government Accountability Office (GAO) to study FAA
Airway Transportation Systems Specialists training and report
to Congress within a year of enactment. It includes air traffic
controllers and engineers as part of the study; and, the
Academy must report to Congress on its study 24 months after
the date of execution of the contract for the study.
Conference Substitute
House bill modified removing language requiring the study
to be done in the most cost effective manner. The modified
provision directs the National Academy of Sciences, when
conducting the study on the assumptions and methods used by FAA
to estimate staffing needs for FAA systems specialists, to
consult with the exclusive bargaining representative of systems
specialists. Additionally, language was added requiring the
National Academy of Sciences to ``include recommendations for
objective staffing standards that maintain the safety of the
national airspace.''
SAFETY CRITICAL STAFFING
H604/S708(c),(d)
House bill
Section 604 requires the Administrator to implement, to
the extent practicable and in the most cost-effective manner,
the staffing model for aviation safety inspectors by October 1,
2011, following the recommendations outlined in the ``Staffing
Standards for Aviation Inspectors'' report issued by the
National Academy of Sciences in 2007. The FAA is required to
consult with interested parties, including aviation safety
inspectors, and submit the staffing model to Congress on an
annual basis.
Senate bill
Section 708(c) and (d) directs the FAA to increase
inspector staffing to levels in its staffing model. The
Administrator is required to develop a staffing model for
aviation safety inspectors, but differs from the House in that
it allows 12 months from the date of enactment, development of
a staffing model, but does not require the Administrator to
follow the Academy's recommendations, and requires inspector
staffing levels to be at least at the levels indicated in the
staffing model. It specifies that no later than 180 days after
enactment, the Administrator shall submit a report to Congress
on the future of flight service stations in Alaska. The report
will include: 1) an analysis of the number of flight service
specials needed; 2) training needed and need for formal
training and hiring program; 3) a schedule for necessary
inspections, 4) upgrades and modernization of stations and
equipment; and 5) a description of interaction between flight
service stations operated by FAA and those operated by
contractors.
Conference Substitute
House bill modified to require the FAA to consult with
the exclusive bargaining representative for aviation safety
inspectors when implementing the staffing model. Additionally,
the date of the report was changed from October 1 of each year
to January 1 of each year.
AIR TRAFFIC CONTROL SPECIALIST QUALIFICATION TRAINING AND SCHEDULING
H606/S--
House bill
Section 606 authorizes the Administrator to appoint
qualified air traffic control (ATC) specialist candidates for
placement directly in ATC facilities. ATC specialists will
receive the same benefits and compensation as any other
developmental controller. Within 18 months after enactment, the
FAA will submit to Congress a report that evaluates the
effectiveness of the ATC specialist qualification training. If
the Administrator determines that ATC specialists are more
qualified in carrying out duties than ATC specialists hired
from general public, the Administrator shall increase the
number of appointments of candidates with such certification.
It includes reimbursement for travel expenses associated with
certifications from education entity that provided the
training.
Senate bill
No similar provision.
Conference Substitute
House modified to change the due date of the required
report from 18 months after enactment to two years after
enactment.
FAA AIR TRAFFIC CONTROLLER STAFFING
H605/S708
House bill
Section 605 directs the FAA to enter into an arrangement,
within 90 days, with the National Academy of Sciences to
conduct a study of the air traffic controller standard used by
the FAA to estimate staffing needs for FAA air traffic
controllers to ensure the safe operation of the NAS in the most
cost-effective manner. The study must include examination of
representative information on productivity, human factors,
traffic activity, and improved technology on ATC, as well as an
examination of recent Academy reviews of models from MITRE, and
consideration of Administration's current and estimated
budgets. The Academy is required to consult employee groups and
industry representative in conducting the study. The Academy
must transmit the study to Congress within two years of
enactment.
Senate bill
Section 708 is a similar provision, but it includes
Airway Transportation Systems Specialists and engineers as part
of the study.
Conference Substitute
House bill modified to require the National Academy of
Sciences to consult with the exclusive bargaining
representative of air traffic controllers in conducting the
study.
ASSESSMENT OF FAA AIR TRAFFIC CONTROLLER TRAINING PROGRAMS
H607/S516
House bill
Section 607 requires the Administrator to conduct a study
to assess the adequacy of training programs for air traffic
controllers, including the FAA's technical training strategy
and improvement plan, and submit the study to Congress within
six months of enactment. The study will include a review of
current training systems, an analysis of competencies required
of air traffic control for successful performance, an analysis
of competence projected to be required in NextGen, an analysis
of various training approaches, recommendations to improve
current training system, and the most cost effective approach.
Senate bill
Section 516 requires FAA to conduct a comprehensive
review of its Academy and facility training efforts, and
establish standards to identify the number of developmental
controllers that can be accommodated by each facility.
Conference Substitute
House and Senate bills modified and merged. This section
includes Senate and House language, with language added
requiring the Inspector General of the Department of
Transportation to conduct an assessment of FAA's air traffic
controller scheduling practices.
FAA FACILITY CONDITIONS
H609/S323
House bill
Section 609 requires the U.S. Government Accountability
Office to conduct a study of the conditions of a sampling of
FAA facilities across the U.S., including towers, centers,
offices and Terminal Radar Approach Control Facilities
(TRACONs), as well as reports from employees relating to health
conditions resulting from exposure to mold, asbestos, poor air
quality, radiation and facility-related hazards in FAA
facilities; conditions of facilities that could interfere with
employee's ability to perform their duties; the ability of
managers and supervisors to promptly document and seek
remediation for unsafe facility conditions; whether employees
of the Administration who report facility-related illness are
treated appropriately; and utilization of scientific
remediation techniques to mitigate hazardous conditions. Its
findings must be submitted to the FAA and Congress. Based on
the results of the GAO study, the GAO is directed to make
recommendations on which facilities are in need of immediate
attention, and assist the Administration in making programmatic
changes so that aging facilities do not deteriorate to unsafe
levels. The GAO is required to submit its report to Congress
within one year of enactment.
Senate bill
Section 323 directs the FAA to create a task force on air
traffic control (ATC) facility conditions. This task force must
be composed of 11 members (7 appointed by the Administrator and
four appointed by employees' unions). Four members are required
to have expertise in hazardous building conditions and two
members must have expertise in rehabilitation of aging
buildings. This task force will have the power to obtain
official data. The task force's duties would include studying:
1) the conditions of all ATC facilities; 2) reports from
employees; 3) whether employees who reported illness were
treated fairly; 4) utilization of remediation techniques; and
5) resources allocated to facility maintenance and renovation.
Also, the task force would be required to make recommendations
necessary to ensure that: 1) facilities needing the most
immediate attention are prioritized; 2) the Administration is
using scientifically approved remediation techniques; and 3)
ATC facilities do not deteriorate to unsafe levels. The task
force also must submit a report to Congress and the
Administrator regarding its recommendations and activities
within 60 days. The Administrator would be required to submit a
plan and timeline to implement the task force's recommendations
within 30 days after receiving the task force's report.
Conference Substitute
House bill.
TECHNICAL CORRECTION
H--/S707
House bill
No similar provision.
Senate bill
Section 707 provides technical corrections to guarantee
that the Merit Systems Protection Board has jurisdiction to
investigate claims made against FAA, and has the enforcement
ability at the agency that it does for all other federal
employees.
Conference Substitute
Senate bill.
BACK PAY
H--/S707(4)(J)
House bill
No similar provision.
Senate bill
Section 707(4) (J) restores application of the Back Pay
Act to FAA employees prospectively (i.e., does not have
retroactive application to previously decided MSPB cases).
Conference Substitute
House bill.
FAMILY MEDICAL LEAVE ACT
H--/S707(4)(K)
House bill
No similar provision.
Senate bill
Section 707(4)(K) restores protections of Title II of the
Family and Medical Leave Act (FMLA) for FAA employees. In
contrast with Title I, there is no individual right of action
and employee makes determination as to start of FMLA leave.
Conference Substitute
House bill.
TITLE VII--AVIATION INSURANCE
GENERAL AUTHORITY
H701/S701(c)
House bill
Section 701 requires the Secretary of Transportation to
extend the current aviation war risk insurance policies until
September 30, 2013, and authorizes the Secretary to extend them
until December 31, 2013. After December 31, 2021, coverage for
the risks provided by the extended policies shall be provided
in an airline industry sponsored risk-sharing arrangement
approved by the Secretary. Premiums collected by the Secretary
from the airline industry after September 22, 2001, through
December 31, 2021, for any policy under this subsection, plus
interest and less paid or pending claims, must be transferred
to risk-sharing arrangement approved by the Secretary.
Senate bill
Section 701(c) is a similar provision, but it does not
authorize a follow-on industry shared-risk program.
Conference Substitute
House bill modified to remove language creating a
successor program.
EXTENSION OF AUTHORITY TO LIMIT THIRD PARTY LIABILITY
H702/S701(a)
House bill
Section 702 extends for air carriers the current
limitation of liability to third parties for losses arising out
of acts of terrorism to December 31, 2013. Current law (section
44303(b)) allows the Secretary of Transportation to limit an
airline's third-party liability to $100 million and also
prohibits punitive damages against either an airline or the
Government for any cause resulting from a terrorist event. A
principal objective of the limitation was to encourage
commercial insurance companies to provide a reasonably priced
amount of third party war risk insurance by defining the
maximum third party liability exposure of the airline for a
single event. The provision was later expanded by Congress at
the request of aircraft manufacturers and aircraft engine
manufacturers to permit DOT to similarly limit third-party
liability for these parties.
Senate bill
Section 701(a) is the same provision.
Conference Substitute
House bill.
CLARIFICATION OF REINSURANCE AUTHORITY
H703/S--
House bill
Section 703 amends the reinsurance section in title 49
U.S.C. to clarify that the DOT may, as a risk mitigation
technique, purchase reinsurance from commercial reinsurers to
supplement payment of claims from the aviation insurance
revolving fund.
Senate bill
No similar provision.
Conference Substitute
House bill.
USE OF INDEPENDENT CLAIMS ADJUSTERS
H704/S--
House bill
Section 704 authorizes the FAA to use commercial
insurance carriers to underwrite insurance and adjust claims,
and to use claims adjusters independent of an insurance
underwriting agent. This permits expedited claims in the U.S.
and foreign jurisdictions.
Senate bill
No similar provision.
Conference Substitute
House bill.
TITLE VIII--MISCELLANEOUS
DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST OF NATIONAL SECURITY
H801/S--
House bill
Section 801 clarifies that the FAA has limited authority
to release data and reports that are pulled from the FAA's
record systems, which are subject to the Privacy Act, to other
federal agencies in the interest of national security.
Senate bill
No similar provision.
Conference Substitute
House bill.
FAA AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD CHECKS
H802/S505
House bill
Section 702 provides legal authority for the FAA to
continue to access the National Crime Information Center and
related State criminal history databases for certification
purposes only to conduct a criminal history background check of
an airman in the criminal repositories of the Federal Bureau of
Investigation and States by submitting fingerprint based
repository in compliance with the National Crime Prevention and
Privacy Compact Act, and to receive relevant criminal history
record regarding airman check. In accessing repository
information, the FAA shall be subject to procedures established
by the Departments of Justice or State as appropriate. The
Administrator may not use authority to conduct criminal
investigations. The Administrator shall receive reimbursement
to process the fingerprint based checks in providing these
services. The Administrator shall designate employees of the
FAA to carry out these actions.
Senate bill
Section 505 is a similar provision.
Conference Substitute
House bill.
CIVIL PENALTIES TECHNICAL AMENDMENTS
H803/S--
House bill
Section 803 applies civil penalties to violations of
chapter 451 on Alcohol and Controlled Substance Testing.
Senate bill
No similar provision.
Conference Substitute
House bill.
CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND FACILITIES
H804/S308
House bill
Section 804 directs the Administrator to develop proposed
criteria for use in making recommendations for the realignment
and consolidation of FAA services and facilities, and publish
the proposed criteria within 30 days of enactment. The proposed
criteria would be open to public comment for 30 days, and the
FAA must publish final criteria within 90 days of enactment. It
requires the Administrator to make recommendations for the
realignment and consolidation of FAA services based on the
final criteria and a justification for each recommendation.
This information will be published and transmitted to Congress
within 120 days of enactment. The Administrator is directed to
submit the recommendations to a new Aviation Facilities and
Services Board (not subject to the Federal Advisory Committee
Act), consisting of: the Secretary of Transportation (DOT) or
designee; two private sector members appointed by the DOT
Secretary; and a U.S. Government Accountability Organization
(GAO) representative (to be a non-voting member). Members would
serve for three year terms. The Board will hold public hearings
and develop a final report (with GAO input if requested by the
Board) containing the Board's findings and conclusions based on
public comments. The Board must publish the report and transmit
a copy to Congress. The Administrator is prohibited from
carrying out a Board recommendation if Congress passes a joint
resolution of disapproval within 30 days of issuance of the
Board's report. It authorizes the Administrator to make
additional recommendations every two years. It specifies that
Members of the Board will not receive compensation except for
work injuries or travel expenses. The Administrator shall make
available to the Board such staff, information and
administrative services as may be required enabling the Board
to carry out its responsibilities. In order for the Board to
carry out its duties, the Administrator is authorized to
appropriate for each of FYs 2011 through 2014, $200,000 to
carry out this section.
Senate bill
Section 308 creates a specific process for the FAA to
complete a comprehensive study and analysis of the how the
agency might realign its services and facilities to help reduce
capital, operating, maintenance, and administrative costs on an
agency-wide basis with no adverse effect on safety. The FAA
would be required to develop criteria for realignment within
nine months of passage and make any recommendations for action
within nine months of the publication of the criteria. The Air
Traffic Control Modernization Oversight Board would then be
required to study the FAA's recommendations, provide
opportunity for public comment, and report the Board's
recommendations to Congress. The Administrator would be
prohibited from consolidating additional approach control
facilities into the Southern California TRACON, the Northern
California TRACON, the Miami TRACON, or the Memphis TRACON
until the Board's recommendations are completed.
Conference Substitute
House and Senate bills merged and modified. The language
now requires the Administrator to develop, in conjunction with
the Chief NextGen Officer and Chief Operating Officer of the
Air Transportation Organization, a National Facilities
Realignment and Consolidation Report within 120 days of
enactment and allow 45 days for the submission of public
comments on that report. The report shall be developed with the
participation of: 1) representatives of labor organizations
representing operations and maintenance employees of the air
traffic control system; and 2) industry stakeholders. The
purpose of this report is to support the transition to NextGen
and to reduce capitol, operating, maintenance, and
administrative costs of the FAA without adversely affective
safety. The report shall include recommendations with
justification and project costs and savings. It instructs the
Administrator to submit a report to Congress within 60 days
after the last day of the public comment period on the
Administrator's recommendations on realignment and
consolidation of services and facilities of the FAA and it
directs the Administrator to follow this report during the
realignment process. It maintains the House language on
Congressional Disapproval which prohibits the Administrator for
carrying out recommendation in the report should a joint
resolution of disapproval be enacted within 30 days of
submission of the report to Congress.
LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO AIRCRAFT
H805/S--
House bill
Section 805 requires the FAA, within 180 days of
enactment, 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 decks of all-cargo aircraft. It
requires a report within one year of enactment.
Senate bill
No similar provision.
Conference Substitute
House bill.
CONSOLIDATION OR ELIMINATION OF OBSOLETE, REDUNDANT, OR OTHERWISE
UNNECESSARY REPORTS; USE OF ELECTRONIC MEDIA
H806/S721
House bill
Section 806 requires the Administrator to issue a report
containing a list of obsolete, redundant, or otherwise
unnecessary reports that the FAA is required by law to submit
to the Congress or publish. It requires an estimate of the cost
savings that would result from the elimination or consolidation
of those reports.
Senate bill
Section 721 is an identical provision.
Conference Substitute
House and Senate bills.
PROHIBITION ON USE OF CERTAIN FUNDS
H807/S--
House bill
Section 807 prohibits the Secretary of Transportation
from using funds available in this act to name, rename,
designate or redesignate any authorized project or program
after an individual who is currently serving in Congress.
Senate bill
No similar provision.
Conference Substitute
House bill.
STUDY ON AVIATION FUEL PRICES
H808/S727
House bill
Section 808 requires the U.S. Government Accountability
Office (GAO) to conduct a study and report to Congress within
180 days of enactment on the impact of aviation fuel price
increases on the Airport and Airway Trust Fund and the aviation
industry in general.
Senate bill
Section 727 is an identical provision.
Conference Substitute
Senate bill.
WIND TURBINE LIGHTING
H809/S611
House bill
Section 809 directs the Administrator to conduct a study,
make recommendations, and report to Congress on wind turbine
lighting systems within one year of the date of enactment. The
study and recommendations must include the effect of wind
turbine lighting on residential areas, the safety associated
with alternative lighting strategies, the potential energy
savings, and the feasibility of implementing alternative
lighting strategies.
Senate bill
Section 611 requires the Administrator to survey and
assess the leases for critical FAA facility sites and determine
how close these facilities are to wind farms or areas suitable
for the construction of wind farms. Following the assessment,
the FAA would be required to report to Congress and the U.S.
Government Accountability Office (GAO) on its findings and
recommendations. It would require the GAO to assess the
potential impact wind farms have on the FAA's navigational aids
and would require an assessment on methods and restrictions to
mitigate the effects of wind farms on navigational aids. Upon
receiving the GAO report, the FAA would be directed to issue
guidelines for the construction of wind farms near critical FAA
facilities.
Conference Substitute
House bill.
AIR-RAIL CODE SHARING STUDY
H810/S725
House bill
Section 810 directs the U.S. Government Accountability
Office (GAO) to conduct a study regarding existing airline and
intercity passenger rail code-sharing arrangements, and the
feasibility of increasing intermodal connectivity of airline
and intercity passenger rail facilities and systems to improve
passenger travel, and submit the study to Congress within six
months of enactment. The GAO is directed to consider: 1) the
potential costs to taxpayers and other parties, and the
benefits of the implementation of more integrated scheduling
between airlines and Amtrak or other intercity passenger rail
carriers; 2) airport and intercity passenger rail operations
that can improve connectivity between airports and intercity
passenger rail facilities; 3) the experience of other countries
with airport and intercity passenger rail connectivity; and 4)
other issues the GAO deems appropriate.
Senate bill
Section 725 is a similar provision, but the GAO
considerations are not as extensive. It requires the report to
be completed within one year.
Conference Substitute
House bill.
D.C. METROPOLITAN AREA SPECIAL FLIGHT RULES AREA
H811/S--
House bill
Section 811 requires the Administrator to work with the
Secretaries of Defense and Homeland Security on a plan to
decrease the operational impacts and improve general aviation
access to the Washington, D.C. region impacted by the D.C.
Metropolitan Area Special Flight Rules Area, and submit the
plan to Congress within six months of enactment. The plan must
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 Washington,
D.C. region that are currently impacted by the zone.
Senate bill
No similar provision.
Conference Substitute
House bill.
FAA REVIEW AND REFORM
H812/S--
House bill
Section 812 requires the Administrator to undertake a
thorough review of each program, office, and organization
within the FAA, 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. Directs the Administrator to undertake such
actions as may be necessary to address the findings of the
review, streamline and reform FAA functions, and submit a
report to Congress within 150 days of enactment.
Senate bill
No similar provision.
Conference Substitute
House bill.
USE OF MINERAL REVENUE AT CERTAIN AIRPORTS
H815/S224
House bill
Section 815 specifies that the FAA may declare certain
revenue derived from, or generated by mineral extraction at a
general aviation airport to be revenue greater than the long
term projects, operation, maintenance, planning and capacity
needs of the airport. If the Administrator issues a
declaration, the airport sponsor may allocate to itself or
governing body within limits of the airport's locality the
revenue identified in declaration for use in carrying out a
Federal, State or local transportation infrastructure project.
In generating revenue from mineral rights the airport sponsor
shall not charge less than fair market value. The airport
sponsor and Administrator shall agree on a 20-year capital
improvement program that includes projected costs, charges and
fees. Furthermore, the airport sponsor shall agree in writing
to waive all rights to receive entitlement funds or
discretionary funds, and operate as a public-use airport until
the Administrator grants a request to allow airport to close.
The airport sponsor shall create a provisional fund for current
and future environmental impacts, assessments and mitigation
plans. The Administrator shall conduct review and issue a
determination within 90 days following receipt of an airport
sponsor's application and requisite documentation.
Senate bill
Section 224 is a similar provision, but it contains a
five-year capital improvement program.
Conference Substitute
Senate bill.
CONTRACTING
H818/S--
House bill
Section 818 permits the Administrator to conduct a
review, and submit to relevant Committees, a report describing
how FAA weighs economic vitality of a region when considering
contract proposals for training facilities.
Senate bill
No similar provision.
Conference Substitute
House bill modified by removing language on ``economic
vitality'' and inserting language that requires: 1) the
proposal is drafted so that all parties can fairly compete; and
2) the proposal takes into consideration the most cost-
effective location, accessibility, and services options.
FLOOD PLANNING
H819/S--
House bill
Section 819 permits the Administrator, in consultation
with the Federal Emergency Management Administration, to
conduct a review and submit to relevant committees a report on
the state of preparedness and response capability for airports
located in flood plains to respond to and seek assistance in
rebuilding after catastrophic flooding.
Senate bill
No similar provision.
Conference Substitute
House bill modified to include a direction to the Federal
Emergency Management Agency (FEMA) to consider as an eligible
activity for purposes of the National Flood Insurance Act of
1968, ``the demolition and rebuilding of properties to at least
base flood levels or higher''.
HISTORICAL AIRCRAFT DOCUMENTS
H823/S--
House bill
Section 823 directs the Administrator to take actions, as
seen necessary, to preserve original aircraft type certificate
engineering and technical data in possession of the FAA. No
later than one year after date of enactment, the Administrator
shall revise an executive order to prohibit destruction of
historical aircraft documents. The Administrator shall consult
with Archivist of the U.S. and Administrator of General
Services on the best methods to preserve these documents. The
Administrator shall make these documents available under
Freedom of Information Act. This provision does not affect the
rights of the holder or owner of a type certificate identified
above, or require holders or owners to provide, surrender or
preserve any original or duplicate engineering data to FAA.
Notwithstanding any other provision of the law, the holder of a
type certificate identified in this section shall not be
responsible for any continued airworthiness or FAA regulatory
requirements.
Senate bill
No similar provision.
Conference Substitute
House bill modified by changing the date from one year to
three years for the revision of order. The language specifying
that holders of type certificates shall not be responsible for
any continued airworthiness is deleted. New language is added
narrowing the definition of applicability to this section to
those ``having a standard airworthiness certificate issued
prior to the date the documents are released to a person by the
FAA under subsection (b)(1).
RELEASE FROM RESTRICTIONS
H824/S219
House bill
Section 824 authorizes the Secretary of Transportation to
grant an airport, city or county a release from any of the
terms, conditions, reservations or restrictions contained in a
deed in which the U.S. conveyed to the airport, city or county
property for airport purposes pursuant to section 16 of Federal
Airport Act or section 23 of the Airport and Airway Development
Act. Any release granted by the Secretary shall be subject to
the following conditions: 1) the applicable airport, city or
country shall agree in conveying interest in the property which
U.S. conveyed to the airport and 2) the city or county will
receive an amount for such interest equal to fair market value.
Lastly, any amount received must be used exclusively for
development, improvement, operation. or maintenance of public
airport.
Senate bill
Section 219 is a similar provision, but it specifies
airports in St. George, Utah, and Dona Ana County, New Mexico,
for release in order to facilitate the development of a
replacement airport.
Conference Substitute
House bill modified.
AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES
H814/S--
House bill
Section 814 requires the Administrator to not issue or
enforce any regulation regarding the transportation by aircraft
of lithium metal cells or batteries or lithium ion cells or
batteries, if the requirement is more stringent than the
requirements of International Civil Aviation Organization.
Senate bill
No similar provision.
Conference Substitute
House bill modified to require that, in almost all
circumstances, regulations governing the air transportation of
lithium metal or lithium ion cells or batteries be consistent
with the provisions of the International Civil Aviation
Organization Technical Instructions for the Safe Transportation
of Dangerous Goods by Air (commonly known as the ICAO Technical
Instructions), as in effect at the time the regulations were
adopted. The only exceptions to this directive would be (a) to
allow the retention of an existing U.S. prohibition on
transportation of lithium metal batteries and cells on
passenger aircraft, even if it is not embodied in the ICAO
Technical Instructions, and (b) to allow adoption and
enforcement of a targeted rule more stringent than the ICAO
Technical Instructions in the event that an authoritative
national or international governmental body provides a formal
report finding that the presence of lithium metal or lithium
ion batteries on an aircraft in compliance with the ICAO
Technical Instructions was a substantial contributing factor to
the initiation or promulgation of an onboard fire.
Where the conditions set forth in this section are met,
the Secretary may issue a targeted emergency regulation that
addresses solely the deficiencies identified in the report that
triggered the regulation. That regulation may remain in effect
for up to one year and is not subject to renewal. Either
alternatively or consecutively, the Secretary may undertake a
rulemaking in accordance with the Administrative Procedure Act
to adopt a permanent regulation. That permanent regulation must
be based on substantial credible evidence that the cells or
batteries of the type at issue could be expected to
substantially contribute or propagate an on-board fire even if
they were shipped in accordance with applicable ICAO Technical
Regulations; be narrowly tailored to avoid disruption of the
shipping of other cells, batteries or products; and employ the
least expensive approach while addressing the identified safety
concern.
LIABILITY PROTECTION FOR VOLUNTEER PILOT NONPROFIT ORGANIZATIONS THAT
FLY FOR PUBLIC BENEFIT AND TO PILOTS AND STAFF OF SUCH NONPROFIT
ORGANIZATION
H816/S1211-1213
House bill
Section 816 amends the Volunteer Protection Act of 1997
(VPA) to include volunteer pilots and volunteer pilot
organizations within the scope of its protections. Under
present law, nonprofit volunteer pilot organizations and their
pilots that provide life-saving medical flights without
compensation are vulnerable to costly and often frivolous
litigation that undermines the ability of these organizations
to provide critical volunteer flight services in a timely
manner. In addition, institutions that refer patients to
volunteer pilot organizations are presently subject to legal
jeopardy. Section 816 protects and promotes the important work
of volunteer pilot organizations by creating limited protection
against liability to volunteer pilot organizations and pilots
so that they are able to procure necessary insurance and
continue their important operations.
Senate bill
Sections 1211-1213 of the Senate bill contain a similar,
but more limited, volunteer pilot provision. The Senate
provision only includes volunteer pilots within the scope of
its protections. Although the Senate provision does not provide
protections to volunteer pilot organizations, it does protect
and promote the important work of volunteer pilots.
Conference Substitute
No provision.
AIRCRAFT SITUATIONAL DISPLAY TO INDUSTRY
H817/S--
House bill
Section 817 specifies that Congress finds that the
Federal Government's dissemination to the public of information
relating to noncommercial flight does not serve a public policy
objective. Upon request of private owner or operator the
Federal Government should not disseminate to the public
information relating to non-commercial flights carried out by
that owner or operator as the information should be private and
confidential. The FAA shall block the display of the owner or
operator's aircraft registration number in aircraft situation
display data upon the private owner or operator request, except
when the FAA provides such data to a government agency.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
SENSE OF CONGRESS
H825/S--
House bill
Section 825 states that it is the Sense of Congress that
Los Angeles World Airports should consult on regular basis with
representatives of the community surrounding the airport
regarding ongoing operations, plans to expand, modify or
realign the Los Angeles International Airport (LAX) facility,
and include consultations with any organization which has at
least 20 or more individuals.
Senate bill
No similar provision.
Conference Substitute
House bill modified to include consultation with any
organization which has at least 100 or more individuals.
HUMAN INTERVENTION MOTIVATION STUDY
H--/S702
House bill
No similar provision.
Senate bill
Section 702 within six months of enactment the FAA shall
develop a Human Intervention Motivation Study program for cabin
crews employed by commercial air carriers in the United States.
Conference Substitute
Senate bill.
STUDY OF AERONAUTICAL MOBILE TELEMETRY
H--/S719
House bill
No similar provision.
Senate bill
Section 719 requires the Administrator to report to
Congress in 180 days on the aeronautical telemetry needs of
civil aviation over the next decade and the potential impact of
the introduction of a new radio service operating at the same
spectrum as aeronautical mobile telemetry service.
Conference Substitute
Senate bill.
CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS OPERATING CHARITABLE
MEDICAL FLIGHTS
H--/S729
House bill
No similar provision.
Senate bill
Section 729 clarifies that an aircraft owner or aircraft
operator can accept reimbursement for all or part of the fuel
costs associated with operating a volunteer flight for medical
purposes.
Conference Substitute
Senate bill modified by including original language,
``not withstanding any other law or regulation'' for the
administering of section 61.113(c) of 14 C.F.R. Furthermore,
language is added to allow pilot to accept reimbursement from
volunteer pilot organization for fuel costs association with
flight operation for medical purpose, and add ``organ'' as a
transported item in subsection (a). Language is added that in
order for an owner or operator to be eligible for the
referenced reimbursement, the aircraft owner or operator must
have volunteered and notified any individual on the flight that
the flight operation is for charitable purposes and is not
subject to the same requirements as commercial flight. Lastly,
language was added that allows the Administrator to impose
minimum standards with respect to training and flight hours for
single-engine, multi-engine and turbine engine operations that
is being reimbursed for fuel costs in the above mentioned
event, including the authority to mandate that pilot in command
of aircraft hold an instrument rating and be current and
qualified for the aircraft being flown to ensure safety of
flight operations.
PILOT PROGRAM FOR A REDEVELOPMENT OF AIRPORT PROPERTIES
H--/S712
House bill
No similar provision.
Senate bill
Section 702 directs the FAA to create a pilot program
fostering the collaboration between airports who have submitted
a noise compatibility program and the surrounding neighboring
local jurisdictions to encourage airport-compatible land uses
and generate economic benefits to the local airport authority
and adjacent community. The FAA would also have the authority
to issue grants for this program.
Conference Substitute
Senate bill.
REPORT ON NEW YORK CITY AND NEWARK AIR TRAFFIC CONTROL FACILITIES
H--/S723
House bill
No similar provision.
Senate bill
Section 723 requires the Administrator within 90 days to
report to Congress on FAA's plan to staff Newark Liberty
Airport's air traffic control tower at negotiated staffing
levels within one year.
Conference Substitute
Senate bill modified to direct FAA to submit a report to
Congress on the FAA's staffing and scheduling plans for air
traffic control facilities in the New York and Newark Region
for the one-year period after the date of enactment.
CYLINDERS OF COMPRESSED OXYGEN OR OTHER OXIDIZING GASES
H813/S730
House bill
Section 813 directs that the transportation within the
State of Alaska of cylinders of compressed oxygen or other
oxidizing gases aboard aircraft is exempt from compliance from
regulations that require such gases to 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. The exemption is to be applied
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.
Senate bill
Section 730 is a similar provision, but provides an
exemption only for certain cylinders.
Conference Substitute
House bill modified to include new language that: 1)
specifies that each cylinder is fully covered with fire or
flame resistant blanket; 2) requires that the operator complies
with the applicable notification procedures under 49 C.F.R.
175.33.; and 3) specifies that the exemption applies to cargo-
only aircraft if the destination has cargo-only service at
least once a week and passenger and cargo-only aircraft if the
destination does not receive cargo-only service at least once a
week.
ORPHAN EARMARKS ACT
H--/S738
House bill
No similar provision.
Senate bill
Section 738 requires all federal agencies to rescind
amounts designated as earmarks back to the Treasury if they are
nine years or older.
Conference Substitute
Senate bill modified.
PRIVACY PROTECTIONS FOR AIRCRAFT PASSENGER SCREENING WITH ADVANCED
IMAGING TECHNOLOGY
H--/S739
House bill
No similar provision.
Senate bill
Section 739 directs the Transportation Security
Administration (TSA) Administrator to ensure that advanced
imaging technology used for the screening of passengers is
equipped with automatic target recognition software (which
would produce a generic image of the individual being screened)
beginning on January 1, 2012.
Conference Substitute
Senate bill modified to include language allowing the TSA
Administrator to extend the deadline that requires the TSA
Administrator to ensure that Advanced Imaging Technology
machines meet requirements as specified in this section, if the
resulting technology would perform inadequately or additional
testing is necessary. In addition, the beginning date for
implementation of automatic target recognition software is
changed from January 1, 2012 to June 1, 2012.
TERMINATION OF CERTAIN RESTRICTIONS FOR BURKE LAKEFRONT AIRPORT
H820/S--
House bill
Section 820 states that any restriction in FAA Flight
Data Center Notice to Airmen, the Administrator may not
prohibit or impose airspace restrictions with respect to an air
show or other aerial event located at the Burke Lakefront
Airport in Cleveland, Ohio, due to a stadium event or event at
other venues occurring at the same time. The Administrator may
prohibit aircraft from flying directly over applicable stadiums
or venues.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
SANTA MONICA AIRPORT, CA
H821/S--
House bill
Section 821 specifies that Congress finds that the
Administrator should enter into good faith discussions with
city of Santa Monica, California, to achieve a runway safety
area solution consistent with FAA design guidelines.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
INSPECTOR GENERAL REPORT ON PARTICIPATION IN FAA PROGRAMS BY
DISADVANTAGED SMALL BUSINESS CONCERNS
H822/S--
House bill
Section 822 directs the DOT IG to submit a report to
Congress on the number of new small business concerns owned and
controlled by socially and economically disadvantaged
individuals, such as veterans, that participate in airport
programs. The report shall list the top 25 and bottom 25 large
and medium hub airports in terms of providing opportunities for
such small businesses and provide results of the assessments
and recommendations to the FAA and Congress on methods for
other airports to achieve results similar to those of the top
airports.
Senate bill
No similar provision.
Conference Substitute
House bill.
ISSUING REGULATIONS
H826/S--
House bill
Section 826 requires that when proposing or issuing
regulation the Administrator shall analyze the different
industry segments and tailor any regulation to characteristics
of each separate segment, taking into account that U.S.
aviation industry is composed of different segments. The
Administrator shall analyze for each industry segment:
alternative forms of regulation, assess the costs and benefits,
ensure proposed regulation is based on best reasonably
obtainable scientific, technical and other information, and
assess any adverse effects on efficient function of the
economy, private markets together with quantification of such
costs.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
WEIGHT RESTRICTIONS AT TETERBORO AIRPORT
H--/S711
House bill
No similar provision.
Senate bill
Section 711 prohibits the Administrator from taking
action designed to challenge or influence the weight
restrictions at Teterboro Airport, except in an emergency.
Conference Substitute
House bill.
FLIGHT CREW MEMBER PAIRING AND CREW RESOURCE MANAGEMENT TECHNIQUES
H--/S720
House bill
No similar provision.
Senate bill
Section 720 requires the Administrator to conduct a study
and issue a report on aviation industry best practices with
regard to flight crew member pairing, crew resource management
techniques, and pilot commuting.
Conference Substitute
House bill because the Senate provision is included in
P.L. 111-216, the Airline Safety and Federal Aviation
Administration Extension Act of 2010.
ONGOING MONITORING OF AIRSPACE REDESIGN
H--/S726
House bill
No similar provision.
Senate bill
Section 726 directs the Administrator to work with the
New York and New Jersey Port Authority to monitor the noise
impacts of the redesign and submit reports to Congress on those
impacts within 270 days, and every 180 days thereafter until
the New York, New Jersey and Philadelphia airspace redesign is
completed.
Conference Substitute
House bill.
LAND CONVEYANCE FOR SOUTHERN NEVADA
H--/S728
House bill
No similar provision.
Senate bill
Section 728 adds language to Title VII to allow certain
lands in Clark County, Nevada, to be used for the development
of a flood mitigation infrastructure project once the
Administrator has: (1) approved an airport layout plan for an
airport in Ivanpah Valley, Nevada; and (2) issued a record of
decision after the preparation of an environmental impact
statement or similar analysis document on the construction and
operation for the airport in Ivanpah Valley, Nevada.
Conference Substitute
House bill.
TECHNICAL CORRECTION
H--/S731
House bill
No similar provision.
Senate bill
Section 731 amends the Consolidated Appropriations Act of
2010, to require inspections of rail containers containing
firearms or ammunition and permits the temporary suspension of
firearm carriage if credible intelligence information indicates
that a threat related to the national rail system, specific
routes, or trains is identified.
Conference Substitute
House bill.
SCIENTIFIC INSTRUMENTS ON COMMERCIAL FLIGHTS
H--/S732
House bill
No similar provision.
Senate bill
Section 732 requires the Secretary of Transportation and
the Secretary of Commerce to develop a plan to allow federal
agencies to fly weather forecasting instruments on commercial
flights within 270 days of enactment.
Conference Substitute
House bill.
CONTROLLING HELICOPTER NOISE IN RESIDENTIAL AREAS
H--/S740
House bill
No similar provision.
Senate bill
Section 740 directs the FAA to prescribe standards to
measure helicopter noise and regulations to control helicopter
noise in residential areas. This section would mandate that
within one year, the FAA finalize regulations with respect to
helicopters operating over Long Island.
Conference Substitute
House bill.
CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING OR DISTRIBUTION OF SECURITY
SCREENING IMAGES
H--/S734
House bill
No similar provision.
Senate bill
Section 734 establishes criminal penalties for
unauthorized recording or distribution of security screening
images. Includes images from backscatter x-rays or millimeter
waves and devices. It provides an exception for certain law
enforcement or intelligence purposes.
Conference Substitute
House bill.
APPROVAL OF APPLICATIONS FOR THE SECURITY SCREENING OPT-OUT PROGRAM
H--/S735
House bill
No similar provision.
Senate bill
Section 735 requires the Transportation Security
Administration (TSA) Administrator to consider approving
applications to participate in the Screening Partnership
Program (SPP), which uses private screeners instead of TSA
employees, for all airports with pending applications. This
section requires the TSA Administrator to reconsider rejected
applications for the SPP for a limited number of airports. If
the TSA Administrator decides again to deny an application,
they must report to Congress on the reason for the denial.
Conference Substitute
Senate bill modified to require the TSA Administrator to
approve or deny, within 120 days, an application received by an
airport to participate in the SPP. The Administrator is
required to approve the application unless a determination is
made that such approval would compromise security or have a
detrimental effect on the cost-efficiency or effectiveness of
security screening at that airport. The Administrator must
provide a more in-depth explanation in a report to Congress if
an SPP application is denied. This explanation must include:
(1) the findings that served as a basis for the denial; (2)
results of any cost or security analysis conducted in the
reconsideration; and (3) recommendations on how the airport
operator can address the reasons for the denial. This report
has to be issued with 60 days of the denial. Airport Operators
who apply for the SPP must also provide TSA a recommendation as
to which company would best serve the airport along with an
explanation for that choice. The modified provision also
requires the reconsideration of SPP applications pending
between January 1, 2011, and February 3, 2011, and outlines
specific timelines to be followed in issuing decisions
regarding SPP reapplications. The provision includes
modifications to existing requirements which provide the
Administrator with more flexibility in determining what
companies can bid for SPP contracts.
The conference committee believes that in determining the
cost efficiency and effectiveness of an applicant's screening
services, the TSA Administrator shall compare the annual costs
to the Federal government and related effectiveness measures
associated with screening services at commercial airports using
private-sector screeners with comparable costs associated with
screening services by Federal screeners, applying the relevant
cost and performance metrics equally to the private and Federal
screening programs.
CONVEYANCE OF LAND TO CITY OF MESQUITE, NEVADA
H--/S736
House bill
No similar provision.
Senate bill
Section 736 directs the Secretary of the Interior to
convey to the City of Mesquite, NV, without consideration, all
right, title and interests of the U.S. in a land parcel at
Mesquite Airport.
Conference Substitute
House bill.
TITLE IX--NATIONAL MEDIATION BOARD
AUTHORITY OF THE DOT INSPECTOR GENERAL
H901/S--
House bill
Section 901 gives the DOT IG specific authority to
conduct audits and evaluate the National Mediation Board's
(NMB) financial management, property management, and business
operations. In carrying out this authority, the Inspector
General of the Department of Transportation (DOT IG) is to keep
the Chairman of the Mediation Board and Congress fully and
currently informed, issue findings and recommendations and
report periodically to Congress. The Secretary of
Transportation may only appropriate for use by the DOT IG no
more than $125,000 for each of FYs 2011 through 2014.
Senate bill
No similar provision.
Conference Action
No provision.
EVALUATION AND AUDIT OF THE NATIONAL MEDIATION BOARD
H902/S--
House bill
Section 902 directs the GAO to conduct audits and
evaluate the NMB's programs, operations and activities,
including: 1) information management and security; 2) resource
management; 3) workforce development; 4) procurement and
contracting policies; and 5) NMB processes for conducting
investigations of representation applications, determining and
certifying representation of employees, and ensuring that the
process occurs without interference.
Senate bill
No similar provision.
Conference Action
House provision modified. The conference committee agreed
to the following modifications. The conference committee agreed
to amend the Railway Labor Act by requiring an evaluation and
audit of the Mediation Board by the Comptroller General. The
Comptroller General of the U.S. shall evaluate and audit the
programs and expenditures of the Mediation Board at least every
two years, however it may be conducted as determined necessary
by the Comptroller or appropriate congressional committees. In
conducting the evaluation and audit of the Mediation Board, the
Conference Committee sets forth the minimum programs,
operations and activities of the Board that shall be included.
No later than 180 days after the date of enactment, the
Comptroller General shall review the Mediation Board's
processes to certify and decertify representation of employees
by a labor organization and make recommendations to the Board
and appropriate congressional committees regarding actions that
may be taken by the Board to ensure the processes are fair and
reasonable for all parties.
REPEAL OF RULE
H903/S--
House bill
Section 903 repeals the rule prescribed by the NMB on May
11, 2010, effective January 1, 2011. In May 2010, the NMB
changed standing rules for union elections at airlines and
railroads, which counted abstentions as votes ``against''
unionizing, to the current rule which counts only no votes as
``against'' unionizing, abstentions do not count either way.
Senate bill
No similar provision.
Conference Action
This provision was not agreed to by the Conference, and
is not included in the final bill. The conference committee
agreed to the following provisions.
Rule Making
The conference committee agreed to amend title I of the
Railway Labor Act by inserting after section 10 that the
Mediation Board has authority from time to time to make, amend,
and rescind, in the manner prescribed by section 553 of title
5, United States Code and after opportunity for a public
hearing, such rules and regulations as may be necessary to
carry out the provisions of this Act.
Runoff Elections
The conference committee agreed to amend Paragraph Nine
of section 2 of the Railway Labor Act to require that in any
runoff election for which there are 3 or more options
(including the option of not being represented by any labor
organization) on the ballot and no such option receives a
majority of the valid votes cast, the Mediation Board shall
arrange for a second election between the options receiving the
largest and the second largest number of votes.
Showing of Interest
The conference committee agreed to amend section 2 of the
Railway Labor Act by raising the showing of interest threshold
for elections to not less than fifty percent of the employees
in the craft or class.
TITLE X--SCIENCE COMMITTEE, RESEARCH, ENGINEERING AND DEVELOPMENT
(R,E&D)
SHORT TITLE
H1001/S--
House bill
Section 1001 titles the section the ``Federal Aviation
Research and Development Reauthorization Act of 2011''.
Senate bill
No similar provision.
Conference Substitute
Senate bill.
AUTHORIZATION OF APPROPRIATIONS
($ IN MILLIONS)
H1003(a)/S103
House bill
Section 1003(a) authorizes the Federal Aviation
Administration's Research, Engineering and Development (R,E&D)
account at $165.2 million in FY 2011, and $146.83 million in FY
2012, FY 2013, and FY 2014.
Senate bill
Section 103 authorizes the Federal Aviation
Administration's Research, Engineering and Development account
at $200 million in FY 2010 and $206 million in FY 2011.
Conference Substitute
House and Senate bills merged to provide $168 million for
Federal Aviation Administration's Research, Engineering and
Development account in FYs 2012 through FY 2015.
DEFINITIONS
H1002/S--
House bill
Section 1001 defines the terms ``Administrator'',
``FAA'', ``Institution of Higher Education'', ``NASA'',
``National Research Council'', ``NOAA'', and ``Secretary''.
Senate bill
No similar provision.
Conference Substitute
House bill.
PROGRAMS AUTHORIZED
H1003(b), (c)/S103
House bill
Section 1003(b),(c) authorizes Research and Development
activities listed in the National Aviation Research Plan.
Senate bill
Section 103 requires the FAA to establish a grant program
to promote aviation research at undergraduate and technical
colleges including schools serving Historically Black Colleges
and Universities, Hispanic, Native Alaskan & Hawaiian
populations.
Conference Substitute
House bill.
UNMANNED AIRCRAFT SYSTEMS
H1004/S607(a)
House bill
Section 1004 requires the Administrator in conjunction
with other appropriate federal agencies to develop technologies
and methods to assess the risk and prevent defects, failures,
and malfunctions of products, parts and processes for use in
all classes of Unmanned Aircraft Systems (UAS) that could
result in catastrophic failure of UAS or endanger other
aircraft in the NAS. The Administrator is required to supervise
research which will develop better understanding of the
relationship between human factors and UAS safety and develop
simulation models for integration of all UASs into the NAS
without degrading safety for current users.
Senate bill
Section 607(a) permits the FAA to conduct developmental
research on UASs. It authorizes the FAA, in conjunction with
other federal agencies as appropriate, to develop technologies
and methods to assess the risk of and prevent defects,
failures, and malfunctions of products, parts, and processes,
for use in all classes of unmanned aircraft systems that could
result in a catastrophic failure.
Conference Substitute
House bill.
RESEARCH PROGRAM ON RUNWAYS
H1005/S605
House bill
Section 1005 directs that when researching how to develop
and maintain a safe and efficient NAS, the Administrator will
include improved runway surfaces and engineered material
restraining systems for runways at general aviation and
commercial airports.
Senate bill
Section 605 allows the FAA to continue a program that
authorizes awards to nonprofit research foundations to improve
the construction and durability of pavement for runways.
Conference Substitute
House and Senate bills merged. The provision contains
modified Senate language in subsection (a) that will allow the
Administrator to maintain a program that will make awards to
carry out a research program under which the Administrator may
make grants to and enter into cooperative agreements with
institutions of higher education and nonprofit pavement
research organization. The conference agreement includes House
language to cover research that relates to engineered material
restraining systems for runways at both general aviation and
commercial airports. The conference agreement also includes
Senate language on use of grants or cooperative agreements.
RESEARCH ON DESIGN FOR CERTIFICATION
H1006/S--
House bill
Section 1006 requires the Administrator to conduct
research on methods and procedures to improve confidence in and
the timeliness of certification of new technologies for
introduction into the NAS within one year. It specifies that
not later than six months after enactment, the FAA will develop
a plan for the research that contains objectives, proposed
tasks, milestones and a five year budget profile. The
Administrator will enter into an arrangement with the National
Research Council to conduct an independent review of the plan
not later than 18 months after the date of enactment, with
results of the review provided to Congress.
Senate bill
No similar provision.
Conference Substitute
House bill.
AIRPORT COOPERATIVE RESEARCH PROGRAM
H1007/S601
House bill
Section 1007 makes the Airport Cooperative Research
Program permanent and requires a report on the program no later
than September 30, 2012.
Senate bill
Section 601 is a similar provision, but it specifies that
a maximum of $15 million of aviation research grant funds may
go to the Airport Cooperative Research Program. It directs that
at least $5 million of the Airport Cooperative Research Program
funds must go to environmental research.
Conference Substitute
House bill.
CENTERS OF EXCELLENCE
H1008/S608
House bill
Section 1008 changes the current Government share of
costs for the Centers of Excellence so that the government's
share of cost will not exceed 50 percent, with the exception
that the Administrator may increase the share to a maximum of
75 percent for a fiscal year if the Administrator determines a
center would be unable to carry out authorized activities
without additional funds. An annual report is required listing
the research projects initiated at each Center of Excellence,
the amount of funding and funding source for each project,
institutions participating, their shares of funding, and level
of cost-sharing for the project.
Senate bill
Section 608 authorizes $1 million per year for each of
fiscal years 2008 through 2012 for a Center of Excellence in
applied research and training in the use of advanced materials
in transport category aircraft.
Conference Substitute
House bill.
CENTER OF EXCELLENCE FOR AVIATION HUMAN RESOURCE RESEARCH
H1009/S--
House bill
Section 1009 permits the Administrator to establish a
Center of Excellence to conduct research on human performance
in the air transportation environment, and any other aviation
human resource issues pertinent to developing and maintaining a
safe and efficient air transportation system. Activities
conducted under this section may include research and
development and evaluation of training programs, best practices
for recruitment, development of a baseline of general aviation
employment statistics, research and development of the airframe
and power plant technician certification process, evaluation of
aviation maintenance technician school environment, and
transitioning mechanics into the aviation field.
Senate bill
No similar provision.
Conference Substitute
House bill.
INTERAGENCY RESEARCH ON AVIATION AND THE ENVIRONMENT
H1010/S--
House bill
Section 1010 directs that the Administrator, in
coordination with National Air and Space Administration (NASA),
may maintain a research program to assess the potential effect
of aviation on the environment. The research plan will be
developed by the Administrator with NASA and other relevant
agencies, and will contain an inventory of current interagency
research, future research objectives, proposed tasks,
milestones and a five year budgetary profile. The plan shall be
completed within one year, and shall be updated as appropriate
every three years after initial submission.
Senate bill
No similar provision.
Conference Substitute
House bill.
AVIATION FUEL RESEARCH AND DEVELOPMENT PROGRAM
H1011/S--
House bill
Section 1011 specifies that, using Research, Engineering
and Development (R,E&D) funds, the Administrator, in
coordination with NASA Administrator, will continue R,E&D
activities into the qualification of unleaded aviation fuel and
safe transition to this fuel for the fleet of piston engine
aircraft. It directs that the Administrator, not later than 270
days after enactment, will provide Congress with a report on a
plan, policies, and guidelines on how this will be
accomplished.
Senate bill
No similar provision.
Conference Substitute
House bill.
RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY FOR CIVIL AIRCRAFT
H1012/S603
House bill
Section 1012 directs the Secretary of Transportation to
conduct a research program related to developing and qualifying
jet fuel from alternative sources through grants and other
measures. The program will allow for participation of industry
and educational and research institutions that have existing
facilities and experience in the research and development of
technology for alternative jet fuels. The Secretary may
collaborate with existing interagency programs, including the
Commercial Aviation Alternative Fuels Initiative (CAAFI).
Senate bill
Section 603 requires the DOT to establish a research
program to develop jet fuel from natural gas, biomass, and
other renewable sources. It directs that the FAA, within 180
days, designate a Center of Excellence for Alternative Jet-Fuel
Research for Civil Aircraft.
Conference Substitute
Senate bill modified to add language permitting
facilities to participate in the program that ``leverage
private sector partnerships and consortia with experience
across the supply chain'' and changing ``shall'' to ``may'' in
directing the Administrator to designate an institution to
carry out this section.
REVIEW OF FAA'S ENERGY- AND ENVIRONMENT-RELATED RESEARCH PROGRAMS
H1013/S--
House bill
Section 1013 directs the Administrator to review FAA
energy-related and environment-related research programs. It
initiates a report to be submitted on the agency's review to
Congress no later than 18 months after enactment.
Senate bill
No similar provision.
Conference Substitute
House bill modified to direct the FAA to ``enter into an
arrangement for an independent external review'' to conduct the
review, rather than the Administrator.
REVIEW OF FAA'S AVIATION SAFETY-RELATED RESEARCH PROGRAMS
H1014/S--
House bill
Section 1014 directs the Administrator to review FAA's
aviation safety-related research programs. It initiates a
report to be submitted on the agency's review to Congress no
later than 14 months after enactment.
Senate bill
No similar provision.
Conference Substitute
House bill modified to direct the FAA to ``enter into an
arrangement for an independent external review'' to conduct the
review, rather than the Administrator.
RESEARCH GRANTS FOR UNDERGRADUATES
H--/S103
House bill
No similar provision.
Senate bill
Section 103 authorizes $5 million for research grants
program for undergraduate colleges, including those that are
Historically Black Colleges and Universities, Hispanic Serving
Institutions, tribally controlled institutions and Alaska
Native and Native Hawaiian institutions.
Conference Substitute
House bill.
PRODUCTION OF CLEAN COAL FUEL TECHNOLOGY FOR CIVILIAN AIRCRAFT
H--/S604
House bill
No similar provision.
Senate bill
Section 604 requires the Secretary of Transportation to
establish a Center of Excellence for a research program related
to developing jet fuel from clean coal through grants or other
measures, with a requirement to include educational and
research institutions in the initiative.
Conference Substitute
Senate bill modified by changing ``shall'' to ``may'' in
directing the Administrator to establish a Center of Excellence
to carry out this section.
WAKE TURBULENCE, VOLCANIC ASH, AND WEATHER RESEARCH
H--/S606
House bill
No similar provision.
Senate bill
Section 606 directs the Administrator to initiate an
evaluation of proposals that would: increase capacity
throughout the NAS by reducing spacing requirements between
aircraft through research of wake turbulence; begin
implementation of a system to avoid volcanic ash; and establish
weather research projects, including on ground de-icing.
Conference Substitute
Senate bill modified to include research on the nature of
wake vortexes and to direct the Administrator to coordinate
with National Oceanic and Atmospheric Administration (NOAA),
National Air and Space Administration (NASA), and other
appropriate federal agencies to conduct research.
REAUTHORIZATION OF CENTER OF EXCELLENCE IN APPLIED RESEARCH AND
TRAINING IN THE USE OF ADVANCED MATERIALS IN TRANSPORT AIRCRAFT
H--/S608
House bill
No similar provision.
Senate bill
Section 608 authorizes $1 million per year for FYs 2008
through 2012 for a Center of Excellence in applied research and
training in the use of advanced materials in transport category
aircraft.
Conference Substitute
Senate bill with modification removing authorization
amounts.
RESEARCH AND DEVELOPMENT OF EQUIPMENT TO CLEAN AND MONITOR THE ENGINE
AND APU BLEED AIR SUPPLIED ON PRESSURIZED AIRCRAFT
H--/S612
House bill
No similar provision.
Senate bill
Section 612 requires the FAA to conduct a research
program for the identification or development of effective air
cleaning technology and sensors technology for the engine and
auxiliary power unit bleed air supplied to passenger cabins and
flight decks of all pressurized aircraft. It would require the
FAA submit a report to Congress within one year.
Conference Substitute
Senate bill.
EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN
H212/S314
House bill
Section 212 directs the Administrator to enter into an
arrangement with the National Research Council to review the
enterprise architecture for NextGen. Also, the Administrator
must report to Congress within one year on the results of this
review.
Senate bill
Section 314 directs the Administrator to publish a report
within six months, after consultation with stakeholders,
including the development of: 1) RNP/RNAV procedures at 137
airports; 2) a description of the activities required for their
implementation; 3) an implementation plan that includes
baseline and performance metrics; 4) assessment of the
benefits/costs of using third parties to develop the
procedures; and 5) a process for the creation of future RNP and
RNAV procedures. The Administrator must implement 30 percent of
the procedures within 18 months of enactment, 60 percent within
36 months of enactment, and 100 percent by 2014. The
Administrator is directed to create a plan for the
implementation of procedures at the remaining airports across
the country. It would require 25 percent of the procedures at
these airports to be implemented within 18 months after
enactment, 50 percent within 30 months after enactment; 75
percent within 42 months after enactment, and 100 percent
before 2016. The charter of the Performance Based Navigation
ARC is extended and directs it to establish priorities for
development of RNP/RNAV procedures based on potential safety
and congestion benefits. It would require that the process of
the development of such procedures be subject to a previously
established environmental review process. The FAA is directed
to provide Congress with a deployment plan for the
implementation of a nationwide data communications system to
support NextGen ATC, and a report evaluating the ability of
NextGen technologies to facilitate improved performance
standards for aircraft in the NAS.
Conference Substitute
House bill modified to direct the FAA to ``enter into an
arrangement for an independent external review'' to conduct the
review, rather than the Administrator.
AIRPORT SUSTAINABILITY PLANNING WORKING GROUP
H--/S221
House bill
No similar provision.
Senate bill
Section 221 establishes an airport sustainability working
group within the FAA that would submit a report on their
findings to the Administrator within one year of enactment. The
working group would be comprised of 15 members including the
Administrator and industry representatives.
Conference Substitute
Senate bill with minor modifications.
TITLE XI.--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
A. Extension of Taxes Funding the Airport and Airway Trust Fund (sec.
1103 of the House bill, sec. 801 of the Senate amendment, sec. 1101 of
the conference agreement, and secs. 4261, 4271, and 4081 of the Code)
PRESENT LAW
Overview
Excise taxes are imposed on amounts paid for commercial
air passenger and freight transportation and on fuels used in
commercial aviation and noncommercial aviation (i.e.,
transportation that is not ``for hire'') to fund the Airport
and Airway Trust Fund. The present aviation excise taxes are as
follows:
---------------------------------------------------------------------------
\1\The domestic flight segment portion of the tax is adjusted
annually (effective each January 1) for inflation (adjustments based on
the changes in the consumer price index (the ``CPI'')).
\2\The international travel facilities tax rate is adjusted
annually for inflation (measured by changes in the CPI).
\3\Like most other taxable motor fuels, aviation fuels are subject
to an additional 0.1-cent-per-gallon excise tax to fund the Leaking
Underground Storage Tank Trust Fund.
------------------------------------------------------------------------
Tax (and Code section) Tax Rates
------------------------------------------------------------------------
Domestic air passengers (sec. 4261)....... 7.5 percent of fare, plus
$3.80 (2012) per domestic
flight segment generally\1\
International travel facilities tax (sec. $16.70 (2012) per arrival or
4261). departure\2\
Amounts paid for right to award free or 7.5 percent of amount paid
reduced rate passenger air transportation
(sec. 4261).
Air cargo (freight) transportation (sec. 6.25 percent of amount
4271). charged for domestic
transportation; no tax on
international cargo
transportation
Aviation fuels (sec. 4081):\3\ ............................
1. Commercial aviation.................... 4.3 cents per gallon
2. Non-commercial (general) aviation:
Aviation gasoline..................... 19.3 cents per gallon
Jet fuel.............................. 21.8 cents per gallon
------------------------------------------------------------------------
All Airport and Airway Trust Fund excise taxes, except
for 4.3 cents per gallon of the taxes on aviation fuels, are
scheduled to expire after February 17, 2012. The 4.3-cents-per-
gallon fuels tax rate is permanent.
Taxes on transportation of persons by air
Domestic air passenger excise tax
Domestic air passenger transportation generally is
subject to a two-part excise tax. The first component is an ad
valorem tax imposed at the rate of 7.5 percent of the amount
paid for the transportation. The second component is a flight
segment tax. For 2012, the flight segment tax rate is $3.80.\4\
A flight segment is defined as transportation involving a
single take-off and a single landing. For example, travel from
New York to San Francisco, with an intermediate stop in
Chicago, consists of two flight segments (without regard to
whether the passenger changes aircraft in Chicago).
---------------------------------------------------------------------------
\4\Sec. 4261(b)(1) and 4261(d)(4). Unless otherwise stated, all
section references are to the Internal Revenue Code of 1986, as amended
(the ``Code''). The Code provides for a $3 tax indexed annually for
inflation, effective each January 1, resulting in the current rate of
$3.80.
---------------------------------------------------------------------------
The flight segment component of the tax does not apply to
segments to or from qualified ``rural airports.'' For any
calendar year, a rural airport is defined as an airport that in
the second preceding calendar year had fewer than 100,000
commercial passenger departures, and meets one of the following
three additional requirements: (1) the airport is not located
within 75 miles of another airport that had more than 100,000
such departures in that year; (2) the airport is receiving
payments under the Federal ``essential air service'' program;
or (3) the airport is not connected by paved roads to another
airport.\5\
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\5\In the case of an airport qualifying as ``rural'' because it is
not connected by paved roads to another airport, only departures for
flight segments of 100 miles or more are considered in calculating
whether the airport has fewer than 100,000 commercial passenger
departures. The Department of Transportation has published a list of
airports that meet the definition of rural airports. See Rev. Proc.
2005-45.
---------------------------------------------------------------------------
The domestic air passenger excise tax applies to
``taxable transportation.'' Taxable transportation means
transportation by air that begins in the United States or in
the portion of Canada or Mexico that is not more than 225 miles
from the nearest point in the continental United States and
ends in the United States or in such 225-mile zone. If the
domestic transportation is paid for outside of the United
States, it is taxable only if it begins and ends in the United
States.
For purposes of the domestic air passenger excise tax,
taxable transportation does not include ``uninterrupted
international air transportation.'' Uninterrupted international
air transportation is any transportation that does not both
begin and end in the United States or within the 225-mile zone
and does not have a layover time of more than 12 hours. The tax
on international air passenger transportation is discussed
below.
International travel facilities tax
For 2012, international air passenger transportation is
subject to a tax of $16.70 per arrival or departure in lieu of
the taxes imposed on domestic air passenger transportation if
the transportation begins or ends in the United States.\6\ The
definition of international transportation includes certain
purely domestic transportation that is associated with an
international journey. Under these rules, a passenger traveling
on separate domestic segments integral to international travel
is exempt from the domestic passenger taxes on those segments
if the stopover time at any point within the United States does
not exceed 12 hours.
---------------------------------------------------------------------------
\6\Secs. 4261(c) and 4261(d)(4). The international air facilities
tax rate of $12 is indexed annually for inflation, effective each
January 1, resulting in the current rate of $16.70.
---------------------------------------------------------------------------
In the case of a domestic segment beginning or ending in
Alaska or Hawaii, the tax applies to departures only and is
$8.40 for calendar year 2012.
``Free'' travel
Both the domestic air passenger tax and the use of
international air facilities tax apply only to transportation
for which an amount is paid. Thus, free travel, such as that
awarded in ``frequent flyer'' programs and nonrevenue travel by
airline industry employees, is not subject to tax. However,
amounts paid to air carriers (in cash or in kind) for the right
to award free or reduced-fare transportation are treated as
amounts paid for taxable air transportation and are subject to
the 7.5 percent ad valorem tax (but not the flight segment tax
or the use of international air facilities tax). Examples of
such payments are purchases of miles by credit card companies
and affiliates (including airline affiliates) for use as
``rewards'' to cardholders.
Disclosure of air passenger transportation taxes on tickets
and in advertising
Transportation providers are subject to special penalties
relating to the disclosure of the amount of the passenger taxes
on tickets and in advertising. The ticket is required to show
the total amount paid for such transportation and the tax. The
same requirements apply to advertisements. In addition, if the
advertising separately states the amount to be paid for the
transportation or the amount of taxes, the total shall be
stated at least as prominently as the more prominently stated
of the tax or the amount paid for transportation. Failure to
satisfy these disclosure requirements is a misdemeanor, upon
conviction of which the guilty party is fined not more than
$100 per violation.\7\
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\7\Sec. 7275.
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Tax on transportation of property (cargo) by air
Amounts equivalent to the taxes received from the
transportation of property by air are transferred to the
Airport and Airway Trust Fund. Domestic air cargo
transportation is subject to a 6.25 percent ad valorem excise
tax on the amount paid for the transportation.\8\ The tax
applies only to transportation that both begins and ends in the
United States. There is no disclosure requirement for the air
cargo tax.
---------------------------------------------------------------------------
\8\Sec. 4271.
---------------------------------------------------------------------------
Aviation fuel taxes
The Code imposes excise taxes on gasoline used in
commercial aviation (4.3 cents per gallon) and noncommercial
aviation (19.3 cents per gallon), and on jet fuel (kerosene)
and other aviation fuels used in commercial aviation (4.3 cents
per gallon) and noncommercial aviation (21.8 cents per
gallon).\9\ Amounts equivalent to these taxes are transferred
to the Airport and Airway Trust Fund.
---------------------------------------------------------------------------
\9\These fuels are also subject to an additional 0.1 cent per
gallon for the Leaking Underground Storage Tank Trust Fund. If there
was not a taxable sale of the fuel pursuant to section 4081 of the
Code, a backup tax exists under section 4041(c) for such fuel that is
subsequently sold or used in aviation.
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HOUSE BILL
The provision extends the present-law Airport and Airway
Trust Fund excise taxes through September 30, 2014.
Effective date.--The provision takes effect on the date
of enactment.
SENATE AMENDMENT
The provision extends the present-law Airport and Airway
Trust Fund excise taxes through September 30, 2013.
Effective date.--The provision takes effect on April 1,
2011.
CONFERENCE AGREEMENT
The conference agreement extends the present-law Airport
and Airway Trust Fund excise taxes through September 30, 2015.
Effective date.--The provision takes effect on February
18, 2012.
B. Extension of Airport and Airway Trust Fund Expenditure Authority
(sec. 1102 of the House bill, sec. 802 of the Senate amendment, sec.
1102 of the conference agreement, and sec. 9502 of the Code)
PRESENT LAW
In general
The Airport and Airway Trust Fund was created in 1970 to
finance a major portion of Federal expenditures on national
aviation programs. Operation of the Airport and Airway Trust
Fund is governed by the Internal Revenue Code (the
``Code'')\10\ and authorizing statutes. The Code provisions
govern deposit of revenues into the trust fund and approve the
use of trust fund money (as provided by appropriation acts) for
expenditure purposes in authorizing statutes as in effect on
the date of enactment of the latest authorizing Act. The
authorizing acts provide specific trust fund expenditure
programs and purposes.
---------------------------------------------------------------------------
\10\Unless otherwise stated, all section references are to the
Internal Revenue Code of 1986, as amended.
---------------------------------------------------------------------------
Authorized expenditures from the Airport and Airway Trust
Fund include the following principal programs:
1. Airport Improvement Program (airport planning,
construction, noise compatibility programs, and safety
projects);
2. Facilities and Equipment program (costs of
acquiring, establishing, and improving the air traffic
control facilities);
3. Research, Engineering, and Development program
(Federal Aviation Administration (``FAA'') research and
development activities);
4. FAA Operations and Maintenance (``O&M'')
programs; and
5. Certain other aviation-related programs
specified in authorizing acts.
Part of the O&M programs is financed from General Fund
monies as well.\11\
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\11\According to the Government Accountability Office, for FY 2000
through FY 2010 the contribution of general revenues has increased to
cover a larger share of the FAA's operation expenditures. United States
Government Accountability Office, Airport and Airway Trust Fund:
Declining Balance Raises Concerns Over Ability to Meet Future Demands,
Statement of Gerald Dillingham, Director Physical Infrastructure Before
the Committee on Finance, U.S. Senate (GAO-11-358T), February 3, 2011,
p. 5, Fig. 2. Congressional Budget Office, Financing Federal Aviation
Programs: Statement of Robert A. Sunshine before the House Committee on
Ways and Means, May 7, 2009, p. 3.
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Limits on Airport and Airway Trust Fund expenditures
No expenditures are currently permitted to be made from
the Airport and Airway Trust Fund after February 17, 2012.
Because the purposes for which Airport and Airway Trust Fund
monies are permitted to be expended are fixed as of the date of
enactment of the Airport and Airway Extension Act of 2012, the
Code must be amended to authorize new Airport and Airway Trust
Fund expenditure purposes. In addition, the Code contains a
specific enforcement provision to prevent expenditure of
Airport and Airway Trust Fund monies for purposes not
authorized under section 9502. Should such unapproved
expenditures occur, no further aviation excise tax receipts
will be transferred to the Airport and Airway Trust Fund.
Rather, the aviation taxes would continue to be imposed, but
the receipts would be retained in the General Fund.
HOUSE BILL
The provision authorizes expenditures from the Airport
and Airway Trust Fund through September 30, 2014, and revises
the purposes for which money from the Airport and Airway Trust
Fund funds are permitted to be expended to include those
obligations authorized under the reauthorization legislation of
2011 (i.e., the ``FAA Reauthorization and Reform Act of 2011,''
which sets forth aviation program expenditure purposes through
September 30, 2014).
Effective date.--The provision takes effect on date of
enactment.
SENATE AMENDMENT
The provision authorizes expenditures from the Airport
and Airway Trust Fund through September 30, 2013. The provision
also amends the list of authorizing statutes to include the
``FAA Air Transportation Modernization and Safety Improvement
Act,'' which sets forth aviation program expenditure purposes
through September 30, 2013.
Effective date.--The provision takes effect on April 1,
2011.
CONFERENCE AGREEMENT
The conference agreement authorizes expenditures from the
Airport and Airway Trust Fund through September 30, 2015. The
provision also amends the list of authorizing statutes to
include the ``FAA Modernization and Reform Act of 2012,'' which
sets forth aviation program expenditure purposes through
September 30, 2015.
Effective date.--The provision takes effect on February
18, 2012.
C. Modification of Excise Tax on Kerosene Used in Aviation (sec. 803 of
the Senate amendment)
PRESENT LAW
In general
Under section 4081, an excise tax is imposed upon (1) the
removal of any taxable fuel from a refinery or terminal,\12\
(2) the entry of any taxable fuel into the United States, or
(3) the sale of any taxable fuel to any person who is not
registered with the Internal Revenue Service (``IRS'') to
receive untaxed fuel, unless there was a prior taxable removal
or entry.\13\ The tax does not apply to any removal or entry of
taxable fuel transferred in bulk by pipeline or vessel to a
terminal or refinery if the person removing or entering the
taxable fuel, the operator of such pipeline or vessel
(excluding deep draft vessels), and the operator of such
terminal or refinery are registered with the Secretary.\14\ If
the bulk transfer exception applies, tax is not imposed until
the fuel ``breaks bulk,'' i.e., when it is removed from the
terminal, typically by rail car or truck, for delivery to a
smaller wholesale facility or retail outlet, or removed
directly from the terminal into the fuel tank of an
aircraft.\15\
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\12\A ``terminal'' is a taxable fuel storage and distribution
facility that is supplied by pipeline or vessel and from which taxable
fuel may be removed at a rack. A ``rack'' is a mechanism capable of
delivering taxable fuel into a means of transport other than a pipeline
or vessel. A terminal can be located at an airport, or fuel may be
delivered to the airport from a terminal located off the airport
grounds.
\13\Sec. 4081(a)(1).
\14\Sec. 4081(a)(1)(B).
\15\In general, the party liable for payment of the taxes when the
fuel breaks bulk at the terminal is the ``position holder,'' the person
shown on the records of the terminal facility as holding the inventory
position in the fuel. However, when fuel is removed directly into the
fuel tank of an aircraft for use in commercial aviation, the person who
uses the fuel is liable for the tax. The fuel is treated as used when
such fuel is removed into the fuel tank. Sec. 4081(a)(4).
---------------------------------------------------------------------------
The term ``taxable fuel'' means gasoline, diesel fuel
(including any liquid, other than gasoline, that is suitable
for use as a fuel in a diesel-powered highway vehicle or
train), and kerosene.\16\ The term includes kerosene used in
aviation (jet fuel) as well as aviation gasoline.
---------------------------------------------------------------------------
\16\Sec. 4083(a).
---------------------------------------------------------------------------
Section 4041(c) provides a back-up tax for liquids (other
than aviation gasoline) that are sold for use as a fuel in
aircraft and that have not been previously taxed under section
4081.
Kerosene for use in aviation
In general
Present law generally imposes a total tax of 24.4 cents
per gallon on kerosene. However, reduced rates apply for
kerosene removed directly from a terminal into the fuel tank of
an aircraft.\17\ For kerosene removed directly from a terminal
into the fuel tank of an aircraft for use in commercial
aviation, the tax rate is 4.4 cents per gallon.\18\ For
kerosene removed directly from a terminal into the fuel tank of
an aircraft for use in noncommercial aviation, the tax rate is
21.9 cents per gallon. All of these tax rates include 0.1 cent
per gallon for the Leaking Underground Storage Tank Trust Fund.
For kerosene removed directly from a terminal into the fuel
tank of an aircraft for an exempt use (such as for the
exclusive use of a State or local government), generally only
the Leaking Underground Storage Tank Trust Fund tax of 0.1 cent
per gallon applies.
---------------------------------------------------------------------------
\17\If certain conditions are met, present law permits the removal
of kerosene from a refueler truck, tanker, or tank wagon to be treated
as a removal from a terminal for purposes of determining whether
kerosene is removed directly into the fuel tank of an aircraft. A
refueler truck, tanker, or tank wagon is treated as part of a terminal
if: (1) the terminal is located within an airport; (2) any kerosene
which is loaded in such truck, tanker, or tank wagon at such terminal
is for delivery only into aircraft at the airport in which such
terminal is located; and (3) no vehicle licensed for highway use is
loaded with kerosene at such terminal, except in exigent circumstances
identified by the Secretary in regulations. To qualify for the special
rule, a refueler truck, tanker, or tank wagon must: (1) have storage
tanks, hose, and coupling equipment designed and used for the purposes
of fueling aircraft; (2) not be registered for highway use; and (3) be
operated by the terminal operator (who operates the terminal rack from
which the fuel is unloaded) or by a person that makes a daily
accounting to such terminal operator of each delivery of fuel from such
truck, tanker, or tank wagon. Sec. 4081(a)(3).
\18\Tax is imposed at this rate if the commercial aircraft operator
is registered with the IRS, and the fuel terminal is located within a
secured area of an airport. The IRS has identified airports with
secured areas in which a terminal is located. See Notice 2005-4, 2005-1
C.B. 289, at sec. 4(d)(2)(ii) (2005) and Notice 2005-80, 2005-2 C.B.
953, at sec. 3(c)(2) (2005). If the fuel terminal is located at an
unsecured airport, the fuel is taxed at 21.9 cents per gallon if the
fuel is removed directly from the terminal into the fuel tank of an
aircraft.
---------------------------------------------------------------------------
``Commercial aviation'' generally means any use of an
aircraft in the business of transporting by air persons or
property for compensation or hire.\19\ Commercial aviation does
not include transportation exempt from the ticket taxes and air
cargo taxes by reason of sections 4281 or 4282 or by reason of
section 4261(h) or 4261(i). Thus, small aircraft operating on
nonestablished lines (sec. 4281), air transportation for
affiliated group members (sec. 4282), air transportation for
skydiving (sec. 4261(h)), and certain air transportation by
seaplane (sec. 4261(i)) are excluded from the definition of
commercial aviation, and accordingly are subject to the tax
regime applicable to noncommercial aviation.
---------------------------------------------------------------------------
\19\Sec. 4083(b).
---------------------------------------------------------------------------
Refunds and credits to obtain the appropriate aviation tax
rate
If the kerosene is not removed directly into the fuel
tank of an aircraft, the fuel is taxed at 24.4 cents per
gallon, the rate applied to diesel fuel and kerosene used in
highway vehicles. A claim for credit or payment may be made for
the difference between the tax paid and the appropriate
aviation rate (21.9 cents per gallon for noncommercial
aviation, 4.4 cents per gallon for commercial aviation, and 0.1
cent per gallon for an exempt use).\20\
---------------------------------------------------------------------------
\20\Sec. 6427(l)(4).
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For noncommercial aviation, other than for exempt use,
only the registered ultimate vendor may make the claim for the
2.5-cent-per-gallon difference between the 24.4 cents per
gallon rate and the noncommercial aviation rate of 21.9 cents
per gallon.\21\ For commercial aviation and exempt use (other
than State and local government use), the ultimate purchaser
may make a claim for the difference in tax rates, or the
ultimate purchaser may waive the right to make the claim for
payment to the ultimate vendor.\22\ For State and local
government use, the registered ultimate vendor is the proper
claimant.\23\
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\21\Sec. 6427(l)(4)(C)(ii).
\22\Sec. 6427(l)(4)(C)(i).
\23\See sec. 6427(l)(5). Special rules apply if the kerosene is
purchased with a credit card issued to a State or local government.
---------------------------------------------------------------------------
Commercial aviation claimants are permitted to credit
their fuel tax claims against their other excise tax
liabilities, thereby reducing the amount of excise tax to be
paid with the excise tax return.
Transfers between the Highway Trust Fund and the Airport
and Airway Trust Fund to account for aviation use
Kerosene that is not removed directly from the terminal
into an airplane (e.g., the jet fuel is transferred from the
terminal by highway vehicle to the airport) is taxed at the
highway fuel rate of 24.4 cents per gallon. The Highway Trust
Fund is credited with 24.3 cents per gallon of the 24.4 cents
per gallon imposed. The remaining 0.1 cent is credited to the
Leaking Underground Storage Tank Trust Fund. If a claim for
payment is later made indicating that the fuel was used in
aviation, the Secretary then transfers to the Airport and
Airway Trust Fund 4.3 cents per gallon for commercial aviation
use and 21.8 cents per gallon for noncommercial aviation use.
These transfers initially are based on estimates, and proper
adjustments are made in amounts subsequently transferred to the
extent prior estimates were in excess of, or less than, the
amounts required to be transferred. Thus, to the extent claims
for credit or payment are not made for the difference between
the highway rate and the aviation rate, the Airport and Airway
Trust Fund will not be credited for fuel used in aviation that
was taxed at the 24.4 cents per gallon rate.
Aviation gasoline
The tax on aviation gasoline is 19.4 cents per gallon
(including a 0.1 cent per gallon Leaking Underground Storage
Tank Trust Fund component). If aviation gasoline is used in
commercial aviation, the ultimate purchaser may obtain a credit
or payment in the amount of 15 cents per gallon, such that the
tax rate on such gasoline is 4.4 cents per gallon.\24\ If
aviation gasoline is sold for an exempt use, a credit or refund
is allowable for all but the Leaking Underground Storage Tank
Trust Fund tax (0.1 cent per gallon).\25\
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\24\Sec. 6421(f)(2).
\25\Sec. 6416(a); sec. 6420 (farming purposes); sec. 6421(c); and
sec. 6430.
---------------------------------------------------------------------------
HOUSE BILL
No provision.
SENATE AMENDMENT
The provision creates a separate category of kerosene for
tax purposes: aviation-grade kerosene.\26\ Aviation-grade
kerosene is taxed at 35.9 cents per gallon plus 0.1 cent per
gallon for the Leaking Underground Storage Tank Trust Fund.
Under the provision, aviation-grade kerosene used in
noncommercial aviation will be taxed at the full rate. The rate
of tax for aviation-grade kerosene used in commercial aviation
and exempt use remains unchanged.\27\
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\26\Aviation-grade kerosene means, as defined by the IRS, kerosene-
type jet fuel covered by ASTM specification D1655, or military
specification MIL-DTL-5624 (Grade JP-5), or MIL-DTL-83133E (Grade JP-
8). See section 4(b) of Notice 2005-4.
\27\Accordingly, commercial aviation use will continue to be
subject to a tax of 4.4 cents per gallon and exempt use will be subject
to 0.1 cent per gallon.
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Because the tax on aviation-grade kerosene used in
noncommercial aviation is equal to the full rate of tax
collected, the provision repeals the ultimate vendor refund
provisions for noncommercial aviation. In addition, the
provision eliminates the inter-fund transfers from the Highway
Trust Fund to the Airport and Airway Trust Fund for kerosene
used in aviation. Instead, the taxes imposed on aviation-grade
kerosene will be credited to the Airport and Airway Trust Fund
only.\28\ The provision also provides a refund mechanism for
aviation-grade kerosene used for a taxable purpose other than
in an aircraft.
---------------------------------------------------------------------------
\28\The 0.1 cent per gallon will continue to be transferred to the
Leaking Underground Storage Tank Trust Fund.
---------------------------------------------------------------------------
In the case of aviation-grade kerosene held on April 1,
2011, by any person, a floor stocks tax is imposed equal to the
tax that would have been imposed if the increased rates had
been in effect before such date less the tax actually imposed
on such fuel. The tax is to be paid at such time and in such
manner as the Secretary shall prescribe.
The floor stocks tax does not apply to fuel held
exclusively for any use to the extent a refund or credit of tax
is allowable under the Code. The floor stocks tax does not
apply if the amount of fuel held by a person does not exceed
2,000 gallons.
For purposes of the floor stocks tax, a controlled group
is treated as one person. ``Controlled group'' for these
purposes means a parent-subsidiary, brother-sister, or combined
corporate group with more than 50-percent ownership with
respect to either combined voting power or total value. Under
regulations, similar principles may apply to a group of persons
under common control where one or more persons are not a
corporation.
All provisions of law, including penalties, applicable
with respect to the taxes imposed by section 4081 also apply to
the floor stocks taxes to the extent not inconsistent with the
provisions of the provision. For purposes of determining
receipts to the Airport and Airway Trust Fund, the floor stocks
tax is treated as if it were a tax listed in section 9502(b)(1)
(governing transfers of tax receipts to the Airport and Airway
Trust Fund).
Effective date.--The provision is generally effective for
fuel removed, entered, or sold after March 31, 2011. The floor
stocks tax is effective April 1, 2011.
CONFERENCE AGREEMENT
The conference agreement does not include the Senate
amendment provision.
D. Air Traffic Control System Modernization Account (sec. 804 of the
Senate amendment)
PRESENT LAW
Under present law, there is no special sub-account of the
Airport and Airway Trust Fund to which funds are dedicated for
air traffic control system modernization.
HOUSE BILL
No provision.
SENATE AMENDMENT
The provision creates an Air Traffic Control System
Modernization Account (``Modernization sub-account'') within
the Airport and Airway Trust Fund to ensure sufficient funding
is provided for modernization of the air traffic control
system. The Modernization sub-account is supported through
annual transfers of $400 million from the Airport and Airway
Trust Fund that are attributable to the taxes on aviation-grade
kerosene. The funds are available, subject to appropriation,
for expenditures relating to the modernization of the air
traffic control system. Use of the funds also may include
facility and equipment account expenditures.
Effective date.--The provision is effective on the date
of enactment.
CONFERENCE AGREEMENT
The conference agreement does not include the Senate
amendment provision.
E. Treatment of Fractional Ownership Aircraft Program Flights (sec. 805
of the Senate amendment, sec. 1103 of the conference agreement, and new
sec. 4043 of the Code)
PRESENT LAW
For excise tax purposes, fractional ownership aircraft
flights are treated as commercial aviation. As commercial
aviation, for 2012, such flights are subject to the ad valorem
tax of 7.5 percent of the amount paid for the transportation, a
$3.80 segment tax, and tax of 4.4 cents per gallon on fuel. For
international flights, fractional ownership flights pay the
$16.70 international travel facilities tax.
For purposes of the FAA safety regulations, fractional
ownership aircraft programs are treated as a special category
of general aviation.\29\ Under those FAA regulations, a
``fractional ownership program'' is defined as any system of
aircraft ownership and exchange that consists of all of the
following elements: (i) the provision for fractional ownership
program management services by a single fractional ownership
program manager on behalf of the fractional owners; (ii) two or
more airworthy aircraft; (iii) one or more fractional owners
per program aircraft, with at least one program aircraft having
more than one owner; (iv) possession of at least a minimum
fractional ownership interest in one or more program aircraft
by each fractional owner; (v) a dry-lease aircraft exchange
arrangement among all of the fractional owners; and (vi) multi-
year program agreements covering the fractional ownership,
fractional ownership program management services, and dry-lease
aircraft exchange aspects of the program.
---------------------------------------------------------------------------
\29\14 CFR Part 91, subpart k.
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HOUSE BILL
No provision.
SENATE AMENDMENT
Under the provision, transportation as part of a
fractional ownership aircraft program is not classified as
commercial aviation for Federal excise tax purposes. Instead,
such flights would be subject to the increased Airport and
Airway Trust Fund fuel tax rate for noncommercial aviation and
an additional fuel surtax of 14.1 cents per gallon. For this
purpose, a ``fractional ownership aircraft program'' is defined
as a program in which:
A single fractional ownership program
manager provides fractional ownership program
management services on behalf of the fractional owners;
Two or more airworthy aircraft are part of
the program;
There are one or more fractional owners
per program aircraft, with at least one program
aircraft having more than one owner;
Each fractional owner possesses at least a
minimum fractional ownership interest in one or more
program aircraft;\30\
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\30\A ``minimum fractional ownership interest'' means: (1) A
fractional ownership interest equal to or greater than one-sixteenth
(1/16) of at least one subsonic, fixed wing or powered lift program
aircraft; or (2) a fractional ownership interest equal to or greater
than one-thirty-second (1/32) of at least one rotorcraft program
aircraft. A ``fractional ownership interest'' is (1) the ownership
interest in a program aircraft; (2) the holding of a multi-year
leasehold interest in a program aircraft; or (3) the holding or a
multi-year leasehold interest that is convertible into an ownership
interest in a program aircraft.
---------------------------------------------------------------------------
There exists a dry-lease aircraft exchange
arrangement among all of the fractional owners;\31\ and
---------------------------------------------------------------------------
\31\A ``dry-lease aircraft exchange'' means an arrangement,
documented by the written program agreements, under which the program
aircraft are available, on an as-needed basis without crew, to each
fractional owner.
---------------------------------------------------------------------------
There are multi-year program agreements
covering the fractional ownership, fractional ownership
program management services, and dry-lease aircraft
exchange aspects of the program.
The fuel taxes are dedicated to the Airport and Airway
Trust Fund. Consistent with the general extension of the taxes
dedicated to the Airport and Airway Trust Fund, the provision
sunsets September 30, 2013.
Effective date.--The provision is effective for taxable
transportation provided after, and fuel used after, March 31,
2011.
CONFERENCE AGREEMENT
The conference agreement provides an exemption, through
September 30, 2015, from the commercial aviation taxes (secs.
4261, 4271 and the 4.4 cents-per-gallon tax on fuel) for
certain fractional aircraft program flights. In place of the
commercial aviation taxes, the conference agreement applies a
fuel surtax to certain flights made as part of a fractional
ownership program.
Through September 30, 2015, these flights are treated as
noncommercial aviation, subject to the fuel surtax and the base
fuel tax for fuel used in noncommercial aviation.\32\
Specifically, the additional fuel surtax of 14.1 cents per
gallon will apply to fuel used in a fractional program aircraft
(1) for the transportation of a qualified fractional owner with
respect to the fractional aircraft program of which such
aircraft is a part, and (2) with respect to the use of such
aircraft on the account of such a qualified owner. Such use
includes positioning flights (flights in deadhead service).\33\
Through September 30, 2015, the commercial aviation taxes do
not apply to fractional program aircraft uses subject to the
fuel surtax. Under the conference agreement, flight
demonstration, maintenance, and crew training flights by a
fractional program aircraft are excluded from the fuel surtax
and are subject to the noncommercial aviation fuel tax
only.\34\ The fuel surtax of 14.1 cents per gallon sunsets
September 30, 2021.
---------------------------------------------------------------------------
\32\No inference is intended as to the treatment of these flights
as noncommercial aviation under present law.
\33\A flight in deadhead service is presumed subject to the fuel
surtax unless the costs for such flight are separately billed to a
person other than a qualified owner. For example, if the costs
associated with a positioning flight of a fractional program aircraft
are separately billed to a person chartering the aircraft, that
positioning flight is treated as commercial aviation.
\34\It is the understanding of the conferees that a prospective
purchaser does not pay any amount for transportation by demonstration
flights, and that if an amount were paid for the flight, the flight
would be subject to the commercial aviation taxes and not treated as
noncommercial aviation.
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A ``fractional program aircraft'' means, with respect to
any fractional ownership aircraft program, any aircraft which
is listed as a fractional program aircraft in the management
specifications issued to the manager of such program by the
Federal Aviation Administration under subpart K of part 91 of
title 14, Code of Federal Regulations and is registered in the
United States.
A ``fractional ownership aircraft program'' is a program
under which:
A single fractional ownership program
manager provides fractional ownership program
management services on behalf of the fractional owners;
There are one or more fractional owners
per program aircraft, with at least one program
aircraft having more than one owner;
With respect to at least two fractional
program aircraft, none of the ownership interests in
such aircraft can be less than the minimum fractional
ownership interest, or held by the program manager;
There exists a dry-lease aircraft exchange
arrangement among all of the fractional owners; and
There are multi-year program agreements
covering the fractional ownership, fractional ownership
program management services, and dry-lease aircraft
exchange aspects of the program.
The term ``qualified fractional owner'' means any
fractional owner that has a minimum fractional ownership
interest in at least one fractional program aircraft. A
``minimum fractional ownership interest'' means: (1) A
fractional ownership interest equal to or greater than one-
sixteenth (1/16) of at least one subsonic, fixed wing or
powered lift program aircraft; or (2) a fractional ownership
interest equal to or greater than one-thirty-second (1/32) of
at least one rotorcraft program aircraft. A ``fractional
ownership interest'' is (1) the ownership interest in a program
aircraft; (2) the holding of a multi-year leasehold interest in
a program aircraft; or (3) the holding or a multi-year
leasehold interest that is convertible into an ownership
interest in a program aircraft. A ``fractional owner'' means a
person owning any interest (including the entire interest) in a
fractional program aircraft.
Amounts equivalent to the revenues from the fuel surtax
are dedicated to the Airport and Airway Trust Fund.
Effective date.--The provision is effective for taxable
transportation provided after, uses of aircraft after, and fuel
used after, March 31, 2012.
Termination of Exemption for Small Jet Aircraft on Nonestablished Lines
(sec. 806 of the Senate amendment, sec. 1107 of the conference
agreement and sec. 4281 of the Code)
PRESENT LAW
Under present law, transportation by aircraft with a
certificated maximum takeoff weight of 6,000 pounds or less is
exempt from the excise taxes imposed on the transportation of
persons by air and the transportation of cargo by air when
operating on a nonestablished line. Similarly, when such
aircraft are operating on a flight for the sole purpose of
sightseeing, the taxes imposed on the transportation or persons
or cargo by air do not apply.
HOUSE BILL
No provision.
SENATE AMENDMENT
The provision repeals the exemption as it applies to
turbine engine powered aircraft (jet aircraft).
Effective date.--The provision is effective for
transportation provided after March 31, 2011.
CONFERENCE AGREEMENT
The conference agreement follows the Senate amendment
provision, repealing the exemption as it applies to jet
aircraft, effective for transportation provided after March 31,
2012.
F. Transparency in Passenger Tax Disclosures (sec. 807 of the Senate
amendment, sec. 1104 of the conference agreement, and sec. 7275 of the
Code)
PRESENT LAW
Transportation providers are subject to special penalties
relating to the disclosure of the amount of the passenger taxes
on tickets and in advertising. The ticket is required to show
the total amount paid for such transportation and the tax. The
same requirements apply to advertisements. In addition, if the
advertising separately states the amount to be paid for the
transportation or the amount of taxes, the total shall be
stated at least as prominently as the more prominently stated
of the tax or the amount paid for transportation. Failure to
satisfy these disclosure requirements is a misdemeanor, upon
conviction of which the guilty party is fined not more than
$100 per violation.\35\
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\35\ Sec. 7275.
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There is no prohibition against airlines including other
charges in the required passenger taxes disclosure (e.g., fuel
surcharges retained by the commercial airline). In practice,
some but not all airlines include such other charges in the
required passenger taxes disclosure.
HOUSE BILL
No provision.
SENATE AMENDMENT
The provision prohibits all transportation providers from
including amounts other than the passenger taxes imposed by
section 4261 in the required disclosure of passenger taxes on
tickets and in advertising when the amount of such tax is
separately stated. Disclosure elsewhere on tickets and in
advertising (e.g., as an amount paid for transportation) of
non-tax charges is allowed.
Effective date.--The provision is effective for
transportation provided after March 31, 2011.
CONFERENCE AGREEMENT
The conference agreement follows the Senate amendment,
except the Effective date is for transportation provided after
March 31, 2012.
G. Tax-Exempt Private Activity Bond Financing for Fixed-Wing Emergency
Medical Aircraft (sec. 808 of the Senate amendment, sec. 1105 of the
conference agreement, and sec. 147(e) of the Code)
PRESENT LAW
Interest on bonds issued by State and local governments
generally is excluded from gross income for Federal income tax
purposes.\36\ Bonds issued by State and local governments may
be classified as either governmental bonds or private activity
bonds. Governmental bonds are bonds the proceeds of which are
primarily used to finance governmental functions or which are
repaid with governmental funds. In general, private activity
bonds are bonds in which the State or local government serves
as a conduit providing financing to nongovernmental persons
(e.g., private businesses or individuals).\37\ The exclusion
from income for State and local bonds does not apply to private
activity bonds, unless the bonds are issued for certain
permitted purposes (``qualified bonds'') and other Code
requirements are met.\38\
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\36\Sec. 103(a).
\37\See sec. 141 defining ``private activity bond.''
\38\See sec. 103(b) and sec. 141(e).
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Section 147(e) of the Code provides, in part, that a
private activity bond is not a qualified bond if issued as part
of an issue and any portion of the proceeds of such issue is
used for airplanes.\39\ The IRS has ruled that a helicopter is
not an ``airplane'' for purposes of section 147(e).\40\
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\39\Other prohibited facilities include any skybox, or other
private luxury box, health club facility, facility primarily used for
gambling, or store the principal business of which is the sale of
alcoholic beverages for consumption off premises. Sec. 147(e).
\40\Rev. Rul. 2003-116, 2003-46 I.R.B. 1083, 2003-2 C.B. 1083,
November 17, 2003, (released: October 29, 2003).
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A fixed-wing aircraft providing air transportation for
emergency medical services and that is equipped for, and
exclusively dedicated on that flight to, acute care emergency
medical services is exempt from the air transportation excise
taxes imposed by sections 4261 and 4271.\41\
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\41\Sec. 4261(g)(2).
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HOUSE BILL
No provision.
SENATE AMENDMENT
The provision amends section 147(e) so that the
prohibition on the use of proceeds for airplanes does not apply
to any fixed-wing aircraft equipped for, and exclusively
dedicated to, providing acute care emergency medical services
(within the meaning of section 4261(g)(2)).
Effective date.--The provision is effective for
obligations issued after the date of enactment.
CONFERENCE AGREEMENT
The conference agreement follows the Senate amendment.
H. Protection of Airport and Airway Trust Fund Solvency (sec. 809 of
the Senate amendment)
PRESENT LAW
The uncommitted cash balance in the Airport and Airway
Trust Fund has declined significantly in recent years. At the
end of Fiscal Year 2001, the uncommitted cash balance was $7.3
billion. At the end of Fiscal Year 2010, the balance was
approximately $770 million.\42\
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\42\Government Accountability Office, Airport and Airway Trust
Fund: Declining Balance Raises Concerns Over Ability to Meet Future
Demands, February 3, 2011, p. 5.
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The current statutory formula requires that estimated
Airport and Airway Trust Fund receipts each year must equal
trust fund expenditures. However, amounts appropriated from the
Airport and Airway Trust Fund are based on revenue receipt
projections and have exceeded the amounts actually deposited
into the Airport and Airway Trust Fund, resulting in declines
in the uncommitted cash balance.
HOUSE BILL
No provision.
SENATE AMENDMENT
The provision amends section 9502 to limit the budgetary
resources initially made available each fiscal year from the
Airport and Airway Trust Fund to 90 percent, rather than 100
percent, of forecasted revenues for that year.
Effective date.--The provision is effective for fiscal
years 2012 and 2013.
CONFERENCE AGREEMENT
The conference agreement does not include the Senate
amendment provision, but this matter is addressed by section
104 of Title I of the conference agreement.
J. Rollover of Amounts Received in Airline Carrier Bankruptcy (sec. 810
of the Senate amendment and sec. 1106 of the conference agreement)
PRESENT LAW
The Code provides for two types of individual retirement
arrangements (``IRAs''): traditional IRAs and Roth IRAs.\43\ In
general, contributions (other than a rollover contribution) to
a traditional IRA may be deductible from gross income, and
distributions from a traditional IRA are includible in gross
income to the extent not attributable to a return of
nondeductible contributions. In contrast, contributions to a
Roth IRA are not deductible, and qualified distributions from a
Roth IRA are excludable from gross income. Distributions from a
Roth IRA that are not qualified distributions are includible in
gross income to the extent attributable to earnings. In
general, a qualified distribution is a distribution that (1) is
made after the five taxable year period beginning with the
first taxable year for which the individual first made a
contribution to a Roth IRA, and (2) is made on or after the
individual attains age 59\1/2\, death, or disability or which
is a qualified special purpose distribution.
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\43\Traditional IRAs are described in section 408, and Roth IRAs
are described in section 408A.
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The total amount that an individual may contribute to one
or more IRAs for a year is generally limited to the lesser of:
(1) a dollar amount ($5,000 for 2012); or (2) the amount of the
individual's compensation that is includible in gross income
for the year.\44\ As under the rules relating to traditional
IRAs, a contribution of up to the dollar limit for each spouse
may be made to a Roth IRA provided the combined compensation of
the spouses is at least equal to the contributed amount.
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\44\The maximum contribution amount is increased for individuals 50
years of age or older.
---------------------------------------------------------------------------
If an individual makes a contribution to an IRA
(traditional or Roth) for a taxable year, the individual is
permitted to recharacterize (in a trustee-to-trustee transfer)
the amount of that contribution as a contribution to the other
type of IRA (traditional or Roth) before the due date for the
individual's income tax return for that year.\45\ In the case
of a recharacterization, the contribution will be treated as
having been made to the transferee plan. The amount transferred
must be accompanied by any net income allocable to the
contribution and no deduction is allowed with respect to the
contribution to the transferor plan. Both regular contributions
and conversion contributions to a Roth IRA can be
recharacterized as having been made to a traditional IRA.
However, Treasury regulations limit the number of times a
contribution for a taxable year may be recharacterized.\46\
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\45\ Sec. 408A(d)(6).
\46\ Treas. Reg. sec. 1.408A-5.
---------------------------------------------------------------------------
Taxpayers generally may convert a traditional IRA into a
Roth IRA.\47\ The amount converted is includible in income as
if a withdrawal had been made, except that the early
distribution tax (discussed below) does not apply. However, the
early distribution tax is applied if the taxpayer withdraws the
amount within five years of the conversion.
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\47\ For taxable years beginning prior to January 1, 2010,
taxpayers with modified AGI in excess of $100,000, and married
taxpayers filing separate returns, were generally not permitted to
convert a traditional IRA into a Roth IRA. Under the Tax Increase
Prevention and Reconciliation Act of 2005, Pub. L. No. 109-222, these
limits on conversion are repealed for taxable years beginning after
December 31, 2009.
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If certain requirements are satisfied, a participant in
an employer-sponsored qualified plan (which includes a tax-
qualified retirement plan described in section 401(a), an
employee retirement annuity described in section 403(a), a tax-
sheltered annuity described in section 403(b), and a
governmental section 457(b) plan) or a traditional IRA may roll
over distributions from the plan, annuity or IRA into another
plan, annuity or IRA. For distributions after December 31,
2007, certain taxpayers also are permitted to make rollover
contributions into a Roth IRA (subject to inclusion in gross
income of any amount that would be includible were it not part
of the rollover contribution).
Under section 125 of the Worker, Retiree, and Employer
Recovery Act of 2008 (``WRERA''),\48\ a ``qualified airline
employee'' may contribute any portion of an ``airline payment
amount'' to a Roth IRA within 180 days of receipt of such
amount (or, if later, within 180 days of enactment of the
provision). Such a contribution is treated as a qualified
rollover contribution to the Roth IRA. Thus, the portion of the
airline payment amount contributed to the Roth IRA is
includible in gross income to the extent that such payment
would be includible were it not part of the rollover
contribution.
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\48\ Pub. L. No. 110-455.
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A qualified airline employee is an employee or former
employee of a commercial passenger airline carrier who was a
participant in a defined benefit plan maintained by the carrier
which: (1) is qualified under section 401(a); and (2) was
terminated or became subject to the benefit accrual and other
restrictions applicable to plans maintained by commercial
passenger airlines pursuant to section 402(b) of the Pension
Protection Act of 2006 (``PPA'').
An airline payment amount is any payment of any money or
other property payable by a commercial passenger airline to a
qualified airline employee: (1) under the approval of an order
of a Federal bankruptcy court in a case filed after September
11, 2001, and before January 1, 2007; and (2) in respect of the
qualified airline employee's interest in a bankruptcy claim
against the airline carrier, any note of the carrier (or amount
paid in lieu of a note being issued), or any other fixed
obligation of the carrier to pay a lump sum amount. An airline
payment amount does not include any amount payable on the basis
of the carrier's future earnings or profits. The amount that
may be contributed to a Roth IRA is the gross amount of the
payment; any reduction in the airline payment amount on account
of employment tax withholding is disregarded.
HOUSE BILL
No provision.
SENATE AMENDMENT
The amendment expands the choices for recipients of
airline payment amounts by allowing qualified airline employees
to contribute airline payment amounts to a traditional IRA as a
rollover contribution. An individual making such a rollover
contribution may exclude the contributed airline payment amount
from gross income in the taxable year in which the airline
payment amount was paid.
Qualified airline employees who made a qualified rollover
contribution of an airline payment amount to a Roth IRA
pursuant to WRERA are permitted to recharacterize all or a
portion of the qualified rollover contribution as a rollover
contribution to a traditional IRA by transferring, in a
trustee-to-trustee transfer, the contribution (or a portion
thereof) plus attributable earnings (or losses) from the Roth
IRA. As in the case of a recharacterization under present law,
the airline payment amount so transferred (with attributable
earnings) is deemed to have been contributed to the traditional
IRA at the time of the initial rollover contribution into the
Roth IRA. The trustee-to-trustee transfer to a traditional IRA
must be made within 180 days of the amendment's enactment.
If an amount contributed to a Roth IRA as a rollover
contribution is recharacterized as a rollover contribution to a
traditional IRA, the amount so recharacterized may not be
contributed to a Roth IRA as a qualified rollover contribution
(i.e., reconverted to a Roth IRA) during the five taxable years
immediately following the taxable year in which the transfer to
the traditional IRA was made.
Qualified airline employees who were eligible to make a
qualified rollover to a Roth IRA under WRERA, but declined to
do so, are now permitted to roll over the airline payment
amount to a traditional IRA within 180 days of the receipt of
the amount (or, if later, within 180 days of enactment of the
amendment). As mentioned above, any portion of an airline
payment amount recharacterized as a rollover contribution to a
traditional IRA pursuant to the amendment is excluded from
gross income in the taxable year in which the airline payment
amount was paid to the qualified airline employee by the
commercial passenger airline carrier. Individuals
recharacterizing such contributions may file a claim for a
refund until the later of: (1) the period of limitations under
section 6511(a) (generally, three years from the time the
return was filed or two years from the time the tax was paid,
whichever period expires later); or (2) April 15, 2012.
An airline payment amount does not fail to be treated as
wages for purposes of Social Security and Medicare taxes under
the Federal Insurance Contributions Act\49\ and section 209 of
the Social Security Act, merely because the amount is excluded
from gross income because it is rolled over into a traditional
IRA pursuant to the amendment.
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\49\ Chapter 21 of the Code.
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Surviving spouses of qualified airline employees are
granted the same rights as qualified airline employees under
section 125 of WRERA and under the amendment.
Effective date.--Effective for all transfers (made after
date of enactment) of qualified airline payment amounts
received before, on, or after date of enactment.
CONFERENCE AGREEMENT
The conference agreement follows the Senate amendment
with three modifications. First, a qualified airline employee
is not permitted to contribute (using either a rollover or
recharacterization) an airline payment amount to a traditional
IRA for a taxable year if, before the end of the taxable year,
the employee was at any time a covered employee, as defined in
section 162(m)(3),\50\ of the commercial passenger airline
carrier making the qualified airline payment. Second, a
qualified airline employee who was not at any time a covered
employee may only roll over, or recharacterize, into a
traditional IRA 90 percent of the aggregate amount of airline
payment amounts received before the end of the taxable year.
Third, individuals recharacterizing their contributions may
file a claim for a refund until the later of: (1) the period of
limitations under section 6511(a) (generally, three years from
the time the return was filed or two years from the time the
tax was paid, whichever period expires later); or (2) April 15,
2013.
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\50\ Section 162(m) defines a covered employee as (1) the chief
executive officer of the corporation (or an individual acting in such
capacity) as of the close of the taxable year and (2) the four most
highly compensated officers for the taxable year (other than the chief
executive officer). Treas. Reg. sec. 1.162-27(c)(2) provides that
whether an employee is the chief executive officer or among the four
most highly compensated officers should be determined pursuant to the
executive compensation disclosure rules promulgated under the
Securities Exchange Act of 1934. Notice 2007-49, 2007-25 I.R.B. 1429
provides that ``covered employee'' means any employee who is (1) the
principal executive officer (or an individual acting in such capacity)
defined in reference to the Exchange Act, or (2) among the three most
highly compensated officers for the taxable year (other than the
principal executive officer) to reflect the 2006 change by the
Securities and Exchange Commission to its rules.
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K. Application of Levy to Payments to Federal Vendors Relating to
Property (sec. 811 of the Senate amendment)
PRESENT LAW
In general
Levy is the IRS's administrative authority to seize a
taxpayer's property, or rights to property, to pay the
taxpayer's tax liability.\51\ Generally, the IRS is entitled to
seize a taxpayer's property by levy if a Federal tax lien has
attached to such property,\52\ and the IRS has provided both
notice of intention to levy\53\ and notice of the right to an
administrative hearing (the notice is referred to as a
``collections due process notice'' or ``CDP notice'' and the
hearing is referred to as the ``CDP hearing'')\54\ at least 30
days before the levy is made. A Federal tax lien arises
automatically when: (1) a tax assessment has been made; (2) the
taxpayer has been given notice of the assessment stating the
amount and demanding payment; and (3) the taxpayer has failed
to pay the amount assessed within 10 days after the notice and
demand.\55\
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\51\Sec. 6331(a). Levy specifically refers to the legal process by
which the IRS orders a third party to turn over property in its
possession that belongs to the delinquent taxpayer named in a notice of
levy.
\52\Ibid.
\53\Sec. 6331(d).
\54\Sec. 6330. The notice and the hearing are referred to
collectively as the CDP requirements.
\55\Sec. 6321.
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The notice of intent to levy is not required if the
Secretary finds that collection would be jeopardized by delay.
The standard for determining whether jeopardy exists is similar
to the standard applicable when determining whether assessment
of tax without following the normal deficiency procedures is
permitted.\56\
---------------------------------------------------------------------------
\56\Secs. 6331(d)(3), 6861.
---------------------------------------------------------------------------
The CDP notice (and pre-levy CDP hearing) is not required
if the Secretary finds that collection would be jeopardized by
delay or the Secretary has served a levy on a State to collect
a Federal tax liability from a State tax refund. In addition, a
levy issued to collect Federal employment taxes is excepted
from the CDP notice and the pre-levy CDP hearing requirement if
the taxpayer subject to the levy requested a CDP hearing with
respect to unpaid employment taxes arising in the two-year
period before the beginning of the taxable period with respect
to which the employment tax levy is served. In each of these
three cases, however, the taxpayer is provided an opportunity
for a hearing within a reasonable period of time after the
levy.\57\
---------------------------------------------------------------------------
\57\Sec. 6330(f).
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Federal payment levy program
To help the IRS collect taxes more effectively, the
Taxpayer Relief Act of 1997\58\ authorized the establishment of
the Federal Payment Levy Program (``FPLP''), which allows the
IRS to continuously levy up to 15 percent of certain
``specified payments,'' such as government payments to Federal
contractors (including vendors) that are delinquent on their
tax obligations. With respect to Federal payments to vendors of
goods, services, or property, the continuous levy may be up to
100 percent of each payment.\59\ The levy (either up to 15
percent or up to 100 percent) generally continues in effect
until the liability is paid or the IRS releases the levy.
---------------------------------------------------------------------------
\58\Pub. L. No. 105-34.
\59\Sec. 6331(h)(3). The word ``property'' was added to ``goods or
services'' in section 301 of the ``3% Withholding Repeal and Job
Creation Act,'' Pub. L. No. 112-56.
---------------------------------------------------------------------------
Under FPLP, the IRS matches its accounts receivable
records with Federal payment records maintained by the
Department of the Treasury's Financial Management Service
(``FMS''), such as certain Social Security benefit and Federal
wage records. When these records match, the delinquent taxpayer
is provided both the notice of intention to levy and the CDP
notice. If the taxpayer does not respond after 30 days, the IRS
can instruct FMS to levy the taxpayer's Federal payments.
Subsequent payments are continuously levied until such time
that the tax debt is paid or IRS releases the levy.
HOUSE BILL
No provision.
SENATE AMENDMENT
The provision amends section 6331(h)(3) to add
``property'' to ``goods or services'' to allow the IRS to levy
100 percent of any payment due to a Federal vendor with unpaid
Federal tax liabilities, including payments made for the sale
or lease of real estate and other types of property not
considered ``goods or services.''
Effective date.--The provision is effective for levies
issued after the date of enactment.
CONFERENCE AGREEMENT
The conference agreement does not include the Senate
amendment provision. Section 6331(h)(3) was amended to add
``property'' to ``goods or services'' to allow the IRS to levy
100 percent of any payment due to a Federal vendor with unpaid
Federal tax liabilities in section 301 of the ``3% Withholding
Repeal and Job Creation Act,'' Pub. L. No. 112-56.
L. Modification of Control Definition for Purposes of Section 249 (sec.
812 of the Senate amendment, sec. 1108 of the conference agreement, and
sec. 249 of the Code)
PRESENT LAW
In general, where a corporation repurchases its
indebtedness for a price in excess of the adjusted issue price,
the excess of the repurchase price over the adjusted issue
price (the ``repurchase premium'') is deductible as
interest.\60\ However, in the case of indebtedness that is
convertible into the stock of (1) the issuing corporation, (2)
a corporation in control of the issuing corporation, or (3) a
corporation controlled by the issuing corporation, section 249
provides that any repurchase premium is not deductible to the
extent it exceeds ``a normal call premium on bonds or other
evidences of indebtedness which are not convertible.''\61\
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\60\See Treas. Reg. sec. 1.163-7(c).
\61\Regulations under section 249 provide that ``[f]or a
convertible obligation repurchased on or after March 2, 1998, a call
premium specified in dollars under the terms of the obligation is
considered to be a normal call premium on a nonconvertible obligation
if the call premium applicable when the obligation is repurchased does
not exceed an amount equal to the interest (including original issue
discount) that otherwise would be deductible for the taxable year of
repurchase (determined as if the obligation were not repurchased).''
Treas. Reg. sec. 1.249-1(d)(2). Where a repurchase premium exceeds a
normal call premium, the repurchase premium is still deductible to the
extent that it is attributable to the cost of borrowing (e.g., a change
in prevailing yields or the issuer's creditworthiness) and not
attributable to the conversion feature. See Treas. Reg. sec. 1.249-
1(e).
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For purposes of section 249, the term ``control'' has the
meaning assigned to such term by section 368(c). Section 368(c)
defines ``control'' as ``ownership of stock possessing at least
80 percent of the total combined voting power of all classes of
stock entitled to vote and at least 80 percent of the total
number of shares of all other classes of stock of the
corporation.'' Thus, section 249 can apply to debt convertible
into the stock of the issuer, the parent of the issuer, or a
first-tier subsidiary of the issuer.
HOUSE BILL
No provision.
SENATE AMENDMENT
The provision modifies the definition of ``control'' in
section 249(b)(2) to incorporate indirect control relationships
of the nature described in section 1563(a)(1). Section
1563(a)(1) defines a parent-subsidiary controlled group as one
or more chains of corporations connected through stock
ownership with a common parent corporation if (1) stock
possessing at least 80 percent of the total combined voting
power of all classes of stock entitled to vote or at least 80
percent of the total value of shares of all classes of stock of
each of the corporations, except the common parent corporation,
is owned (within the meaning of subsection (d)(1)) by one or
more of the other corporations; and (2) the common parent
corporation owns (within the meaning of subsection (d)(1))
stock possessing at least 80 percent of the total combined
voting power of all classes of stock entitled to vote or at
least 80 percent of the total value of shares of all classes of
stock of at least one of the other corporations, excluding, in
computing such voting power or value, stock owned directly by
such other corporations.
Effective date.--The provision is effective for
repurchases after the date of enactment.
CONFERENCE AGREEMENT
The conference agreement follows the Senate amendment
provision.
M. Repeal of Expansion of Information Reporting Requirements (sec. 1101
of the Senate amendment)
PRESENT LAW
A variety of information reporting requirements apply
under present law.\62\ These requirements are intended to
assist taxpayers in preparing their income tax returns and to
help the IRS determine whether such returns are correct and
complete. The primary provision governing information reporting
by payors requires an information return by every person
engaged in a trade or business who makes payments for services
or determinable gains to any one payee aggregating $600 or more
in any taxable year in the course of that payor's trade or
business.\63\ Payments subject to reporting include fixed or
determinable income or compensation, but do not include
payments for goods or certain enumerated types of payments that
are subject to other specific reporting requirements.\64\ The
payor is required to provide the recipient of the payment with
an annual statement showing the aggregate payments made and
contact information for the payor.\65\ The regulations
generally provide exceptions from reporting of payments to
corporations,\66\ exempt organizations, governmental entities,
international organizations, or retirement plans.\67\ However,
the following types of payments to corporations must be
reported: Medical and health care payments;\68\ fish purchases
for cash;\69\ attorney's fees;\70\ gross proceeds paid to an
attorney;\71\ substitute payments in lieu of dividends or tax-
exempt interest;\72\ and payments by a Federal executive agency
for services.\73\
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\62\ Secs. 6031 through 6060.
\63\Sec. 6041(a). Information returns are generally submitted
electronically on Forms 1096 and Forms 1099, although certain payments
to beneficiaries or employees may require use of Forms W-3 and W-2,
respectively. Treas. Reg. sec. 1.6041-1(a)(2). The requirement that
businesses report certain payments is generally not applicable to
payments by persons engaged in a passive investment activity. However,
for a brief period starting in 2011, the recipients of rental income
from real estate were generally subject to the same information
reporting requirements as taxpayers engaged in a trade or business such
that recipients of rental income making payments of $600 or more to a
service provider (such as a plumber, painter, or accountant) in the
course of earning rental income were required to provide an information
return to the IRS and to the service provider. Small Business Jobs Act
of 2010, Pub. L. No. 111-240, sec. 2101, September 27, 2010. This rule
was repealed in the Comprehensive 1099 Taxpayer Protection and
Repayment of Exchange Subsidy Overpayments Act of 2011, Pub. L. No.
112-9, sec. 3, April 14, 2011.
\64\Sec. 6041(a) requires reporting as to ``other fixed or
determinable gains, profits, and income (other than payments to which
section 6042(a)(1), 6044(a)(1), 6047(c), 6049(a) or 6050N(a) applies
and other than payments with respect to which a statement is required
under authority of section 6042(a), 6044(a)(2) or 6045)[.]'' The
payments thus excepted include most interest, royalties, and dividends.
\65\Sec. 6041(d).
\66\The regulatory carveout for payments to corporations was
expressly overridden for payments made after December 31, 2011 in the
Patient Protection and Affordable Care Act (``PPACA''), Pub. L. No.
111-148, sec. 9006 March 23, 2010, which expanded the class of payments
subject to reporting to include payments to corporations and payments
of gross proceeds paid in consideration for any type of property.
However, these rules were repealed in the Comprehensive 1099 Taxpayer
Protection and Repayment of Exchange Subsidy Overpayments Act of 2011,
Pub. L. No. 112-9, sec. 2, April 14, 2011.
\67\Treas. Reg. sec. 1.6041-3(p). Certain for-profit health
provider corporations are not covered by this general exception,
including those organizations providing billing services for such
companies.
\68\Sec. 6050T.
\69\Sec. 6050R.
\70\Sec. 6045(f)(1) and (2); Treas. Reg. secs. 1.6041-1(d)(2) and
1.6045-5(d)(5).
\71\Ibid.
\72\Sec. 6045(d).
\73\Sec. 6041A(d)(3). In addition, section 6050M provides that the
head of every Federal executive agency that enters into certain
contracts must file an information return reporting the contractor's
name, address, TIN, date of contract action, amount to be paid to the
contractor, and any other information required by Forms 8596
(Information Return for Federal Contracts) and 8596A (Quarterly
Transmittal of Information Returns for Federal Contracts).
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Detailed rules are provided for the reporting of various
types of investment income, including interest, dividends, and
gross proceeds from brokered transactions (such as a sale of
stock).\74\ In general, the requirement to file Form 1099
applies with respect to amounts paid to U.S. persons and is
linked to the backup withholding rules of section 3406. Thus, a
payor of interest, dividends or gross proceeds generally must
request that a U.S. payee (other than certain exempt
recipients) furnish a Form W-9 providing that person's name and
taxpayer identification number.\75\ That information is then
used to complete the Form 1099.
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\74\Secs. 6042 (dividends), 6045 (broker reporting) and 6049
(interest), as well as the Treasury regulations thereunder.
\75\See Treas. Reg. sec. 31.3406(h)-3.
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Failure to comply with the information reporting
requirements results in penalties, which may include a penalty
for failure to file the information return,\76\ and a penalty
for failure to furnish payee statements,\77\ or failure to
comply with other various reporting requirements.\78\
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\76\Sec. 6721. The penalty for failure to file an information
return generally is $100 for each return for which such failure occurs.
The total penalty imposed on a person for all failures during a
calendar year cannot exceed $1,500,000. Additionally, special rules
apply to reduce the per-failure and maximum penalties where the failure
is corrected within a specified period. Small Business Jobs Act of
2010, Pub. L. No. 111-240, sec. 2102, September 27, 2010.
\77\Sec. 6722. The penalty for failure to provide a correct payee
statement is $100 for each statement with respect to which such failure
occurs, with the total penalty for a calendar year not to exceed
$1,500,000. Special rules apply that increase the per-statement and
total penalties where there is intentional disregard of the requirement
to furnish a payee statement. Small Business Jobs Act of 2010, Pub. L.
No. 111-240, sec. 2102, September 27, 2010.
\78\Sec. 6723. The penalty for failure to timely comply with a
specified information reporting requirement is $50 per failure, not to
exceed $100,000 for a calendar year.
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HOUSE BILL
No provision.
SENATE AMENDMENT
The provisions repeals section 9006 of the Patient
Protection and Affordable Care Act, Pub. L. No. 111-148, which
expanded the class of payments subject to reporting to include
payments made to corporations and payments of gross proceeds
paid in consideration for any type of property.
Effective date.--The provision is effective on the date
of enactment.
CONFERENCE AGREEMENT
The conference agreement does not include the Senate
amendment provision. The expanded information reporting
requirements for payments made to corporations and for payments
of gross proceeds paid in consideration for any type of
property were repealed in section 2 of the ``Comprehensive 1099
Taxpayer Protection and Repayment of Exchange Subsidy
Overpayments Act of 2011,'' Pub. L. No. 112-9.
N. Tax Complexity Analysis
Section 4022(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (the ``IRS Reform Act'')
requires the Joint Committee on Taxation (in consultation with
the Internal Revenue Service and the Department of the
Treasury) to provide a tax complexity analysis. The complexity
analysis is required for all legislation reported by the Senate
Committee on Finance, the House Committee on Ways and Means, or
any committee of conference if the legislation includes a
provision that directly or indirectly amends the Internal
Revenue Code (the ``Code'') and has widespread applicability to
individuals or small businesses.
The staff of the Joint Committee on Taxation has
determined that a complexity analysis is not required under
section 4022(b) of the IRS Reform Act because the bill contains
no provisions that have ``widespread applicability'' to
individuals or small businesses.
TITLE XII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010
COMPLIANCE PROVISION
H1201/S901
House bill
Section 1201 specifies that the budgetary effects of this
Act, in complying with the Statutory Pay-As-You-Go act of 2010,
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act.
Senate bill
Section 901 provides that the budgetary effects of the
amendment, for purposes of complying with the Statutory Pay-As-
You-Go-Act of 2010, shall be determined by reference to the
``Budgetary Effects'' statement of the House and Senate Budget
Committee Chairmen provided that such statement has been
submitted prior to the vote on passage in the House acting
first on this conference report or amendments between the
Houses.
Conference Substitute
Senate bill.
TITLE XIII--COMMERCIAL SPACE
COMMERCIAL SPACE LAUNCH LICENSE REQUIREMENTS
H1301/S--
House bill
Section 1301 would extend the original eight year
learning period passed in the Commercial Space Launch
Amendments Act of 2004, which expires in 2012. Current law
includes an eight-year regulatory ``waiting period,'' starting
with the first FAA-licensed launch of a ``spaceflight
participant'' (a person who pays to experience spaceflight),
during which commercial spaceflight providers would not be
subject to any FAA regulation, barring any perceived or
realized endangerment of public safety.
Senate bill
No similar provision.
Conference Substitute
House bill modified to prohibit proposing regulations
until October 1, 2015. Nothing in this provision is intended to
prohibit the FAA and industry stakeholders from entering into
discussions intended to prepare the FAA for its role in
appropriately regulating the commercial space flight industry
when this provision expires.
SENATE TITLE X--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND
GENERAL REPORTING REQUIREMENTS
DEFINITIONS
H--/S1001
House bill
No similar provision.
Senate bill
Section 1001 defines the term ``earmark'' as a
congressionally directed spending item as defined by Senate
rules or a congressional earmark as defined by the rules of the
House.
Conference Substitute
House bill.
RESCISSION
H--/S1002
House bill
No similar provision.
Senate bill
Section 1002 rescinds DOT earmark funds with more than 90
percent of the amount remaining available for obligation at the
end of the 9th fiscal year following the fiscal year in which
the earmark was made available for obligation. Also, it
provides an exception if the Secretary of Transportation
determines that additional obligation of the earmark is likely
to occur during the following 12 month period.
Conference Substitute
House bill.
AGENCY WIDE IDENTIFICATION AND REPORTS
H--/S1003
House bill
No similar provision.
Senate bill
Section 1003 requires each federal agency to identify and
report every project that is an earmark with an unobligated
balance at the end of each fiscal year to the Director of the
Office of Management and Budget (OMB). Also, it requires the
Director of OMB to submit an annual report on these earmarks to
Congress and publically post the report on the OMB website.
Conference Substitute
House bill.
SENATE TITLE XI--REPEAL OF EXPANSION OF INFORMATION REPORTING
REQUIREMENTS
REPEAL OF EXPANSION OF INFORMATION REPORTING REQUIREMENTS
H--/S1101
House bill
No similar provision.
Senate bill
Section 1101 repeals a section of the Patient Protection
and Affordable Care Act which required businesses to report
purchases of $600 or more to the Internal Revenue Service
(IRS).
Conference Substitute
Senate bill dropped because the language was used to
create P.L. 112-9, The Comprehensive 1099 Taxpayer Protection
and Repayment of Exchange Subsidy Overpayments Act of 2011.
TITLE XII--EMERGENCY MEDICAL SERVICE PROVIDERS PROTECTION ACT
DALE LONG EMERGENCY MEDICAL SERVICES PROVIDERS PROTECTION ACT
H--/S1201, 1211, 1212, 1213
House bill
No similar provision.
Senate bill
Section 1201 provides liability protection for volunteer
pilots that fly for public benefit, including transportation at
no cost to financially needy medical patients for medical
treatment, evaluation and diagnosis; flights for humanitarian
and charitable purposes; and other flights of compassion.
Section 1211 provides a title for the subtitle, the
``Volunteer Pilot Protection Act of 2011.''
Section 1212 states findings of Congress on the necessity
of protections for pilots who volunteer their services.
Section 1213 allows pilots who operate volunteer flights
for most charitable institutions to receive reimbursement from
those institutions for some operations costs including fuel.
Conference Substitute
No provision.
Pursuant to clause 9 of rule XXI of the Rules of the
House of Representatives, no provision in this conference
report or joint explanatory statement includes a congressional
earmark, limited tax benefit, or limited tariff benefit.
From the Committee on Transportation and
Infrastructure, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
John L. Mica,
Thomas E. Petri,
John J. Duncan, Jr.,
Sam Graves,
Bill Shuster,
Jean Schmidt,
Chip Cravaack,
Nick J. Rahall II,
Peter A. DeFazio,
Jerry F. Costello,
Leonard L. Boswell,
Russ Carnahan,
From the Committee on Science, Space, and
Technology, for consideration of sections 102,
105, 201, 202, 204, 208, 209, 212, 220, 321,
324, 326, 812, title X, and title XIII of the
House bill and sections 102, 103, 106, 216,
301, 302, 309, 320, 327, title VI, and section
732 of the Senate amendment, and modifications
committed to conference:
Ralph M. Hall,
Steven M. Palazzo,
Eddie Bernice Johnson,
From the Committee on Ways and Means, for
consideration of title XI of the House bill and
titles VIII and XI of the Senate amendment, and
modifications committed to conference:
Dave Camp,
Patrick J. Tiberi,
Sander M. Levin,
Managers on the Part of the House.
John D. Rockefeller IV,
Barbara Boxer,
Bill Nelson,
Maria Cantwell,
Kay Bailey Hutchison,
Johnny Isakson,
From the Committee on Finance:
Max Baucus,
Managers on the Part of the Senate.