Text: H.R.658 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Public Law No: 112-95 (02/14/2012)

 
[112th Congress Public Law 95]
[From the U.S. Government Printing Office]



[[Page 126 STAT. 11]]

Public Law 112-95
112th Congress

                                 An Act


 
 To amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 2011 through 2014, 
 to streamline programs, create efficiencies, reduce waste, and improve 
aviation safety and capacity, to provide stable funding for the national 
aviation system, and for other purposes. <<NOTE: Feb. 14, 2012 -  [H.R. 
                                 658]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: FAA 
Modernization and Reform Act of 2012.>> 
SECTION 1. <<NOTE: 49 USC 40101 note.>> 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.

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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.

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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.

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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.

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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. <<NOTE: 49 USC 40101 note.>> 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

[[Page 126 STAT. 16]]

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. <<NOTE: Determination.>> --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--

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                                    ``(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'';

[[Page 126 STAT. 18]]

                    (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.

[[Page 126 STAT. 19]]

                    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. <<NOTE: 49 USC 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.

[[Page 126 STAT. 20]]

            ``(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.''.

[[Page 126 STAT. 21]]

          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:

[[Page 126 STAT. 22]]

            ``(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

[[Page 126 STAT. 23]]

                      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) <<NOTE: Lease.>> 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) <<NOTE: Applicability. Effective date.>> 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

[[Page 126 STAT. 24]]

        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.-- <<NOTE: Effective date. 49 USC 47107 
note.>> 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

[[Page 126 STAT. 25]]

        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) <<NOTE: Notification.>> 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--

[[Page 126 STAT. 26]]

            ``(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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Definition. Time period.>> `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) <<NOTE: Definition.>> `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''.

[[Page 126 STAT. 27]]

SEC. 140. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.

    (a) <<NOTE: 49 USC 47113 note.>> 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.-- <<NOTE: Deadline.>> 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).''.

[[Page 126 STAT. 28]]

    (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

[[Page 126 STAT. 29]]

                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,''.

[[Page 126 STAT. 30]]

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:

[[Page 126 STAT. 31]]

                    ``(B) <<NOTE: Determination. Time period.>> 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. <<NOTE: Standards.>> --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)''.

[[Page 126 STAT. 32]]

    (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) <<NOTE: 49 USC 47133 note.>> 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);

[[Page 126 STAT. 33]]

            (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) <<NOTE: Certification.>> 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)'';

[[Page 126 STAT. 34]]

            (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.''.

[[Page 126 STAT. 35]]

SEC. 154. <<NOTE: 49 USC 47112 note.>> 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) <<NOTE: Deadline.>> 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--

[[Page 126 STAT. 36]]

                    (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. <<NOTE: 49 USC 40101 note.>> 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. <<NOTE: 49 USC 40101 note.>> 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.

[[Page 126 STAT. 37]]

            (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) <<NOTE: Determination.>> 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

[[Page 126 STAT. 38]]

                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

[[Page 126 STAT. 39]]

        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;

[[Page 126 STAT. 40]]

                    ``(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) <<NOTE: 49 USC 40101 note.>> 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) <<NOTE: Appointment.>> 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. <<NOTE: Consultation. Notice.>> 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:

[[Page 126 STAT. 41]]

    ``(B) <<NOTE: Designation.>> 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) <<NOTE: Establishment.>> 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) <<NOTE: Deadline. Memorandum.>> 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--

[[Page 126 STAT. 42]]

                    ``(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) <<NOTE: 49 USC 40101 note.>> 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

[[Page 126 STAT. 43]]

                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) <<NOTE: 49 USC 40101 note.>> is amended to read as follows:

    ``(d) NextGen Implementation Plan.-- 
<<NOTE: Publication. Deadline.>> 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) <<NOTE: 49 USC 40101 note.>> 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 <<NOTE: 49 USC 40101 
note.>> (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

[[Page 126 STAT. 44]]

                      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. <<NOTE: 49 USC 40101 note.>> 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;

[[Page 126 STAT. 45]]

                    (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. <<NOTE: Deadline.>> --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. <<NOTE: Deadline.>> --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;

[[Page 126 STAT. 46]]

                    (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. <<NOTE: 49 USC 40101 note.>> 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. <<NOTE: 49 USC 40101 note.>> ACCELERATION OF NEXTGEN 
                        TECHNOLOGIES.

    (a) Operational Evolution Partnership (OEP) Airport Procedures.--
            (1) OEP airports report. <<NOTE: Publication.>> --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

[[Page 126 STAT. 47]]

                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) <<NOTE: Certification. Publication. Deadlines.>> Implementati
        on schedule for oep airports.--The Administrator shall certify, 
        publish, and implement--

[[Page 126 STAT. 48]]

                    (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. <<NOTE: Publication.>> --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) <<NOTE: Lists. Certification. Publication.>> 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;

[[Page 126 STAT. 49]]

                          (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) <<NOTE: Certification. Publication. Deadlines.>> Implementati
        on 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. <<NOTE: Determination.>> --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

[[Page 126 STAT. 50]]

        shall issue and file a categorical exclusion for the new 
        procedure.

    (d) Deployment Plan for Nationwide Data Communications 
System. <<NOTE: Deadline.>> --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. <<NOTE: 49 USC 40101 note.>> PERFORMANCE METRICS.

    (a) In General. <<NOTE: Deadline.>> --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;

[[Page 126 STAT. 51]]

            (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. <<NOTE: Public information. Web posting.>> --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. <<NOTE: 49 USC 40101 note.>> CERTIFICATION STANDARDS AND 
                        RESOURCES.

    (a) Process for Certification. <<NOTE: Deadline. Plan.>> --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.

[[Page 126 STAT. 52]]

SEC. 216. <<NOTE: 49 USC 40101 note.>> SURFACE SYSTEMS 
                        ACCELERATION.

    (a) In General.--The Chief Operating Officer of the Air Traffic 
Organization shall--
            (1) <<NOTE: Evaluation.>> 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) <<NOTE: Plan. Deadline.>> develop a plan to utilize such 
        a system at the 35 operational evolution partnership airports by 
        December 31, 2012.
SEC. 217. <<NOTE: 49 USC 40101 note.>> 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. <<NOTE: 49 USC 40101 note.>> 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

[[Page 126 STAT. 53]]

        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. <<NOTE: 49 USC 40101 note.>> 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) <<NOTE: Consultation.>> 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. <<NOTE: 49 USC 40101 note.>> 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.

[[Page 126 STAT. 54]]

SEC. 221. <<NOTE: 49 USC 40101 note.>> 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). <<NOTE: Definition.>> 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) <<NOTE: Determination.>> 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. <<NOTE: 49 USC 40101 note.>> OPERATIONAL INCENTIVES.

    (a) In General. <<NOTE: Reports.>> --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

[[Page 126 STAT. 55]]

            (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. <<NOTE: 49 USC 106 note.>> EDUCATIONAL REQUIREMENTS.

     <<NOTE: Payments.>> 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. <<NOTE: 49 USC 44506 note.>> AIR TRAFFIC CONTROLLER 
                        STAFFING INITIATIVES AND ANALYSIS.

     <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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. <<NOTE: 49 USC 40101 note.>> 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

[[Page 126 STAT. 56]]

        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) <<NOTE: Determination.>> 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

[[Page 126 STAT. 57]]

                          ``(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. <<NOTE: Time 
                period.>> --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) <<NOTE: Effective date.>> 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) <<NOTE: Regulations.>> 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. <<NOTE: Deadline. 49 USC 44704 note.>> --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

[[Page 126 STAT. 58]]

            (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) <<NOTE: 49 USC 44728 note.>> 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. <<NOTE: 49 USC 44730.>> Helicopter air ambulance 
                    operations

    ``(a) Compliance Regulations.--
            ``(1) In general. <<NOTE: Deadline.>> --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. <<NOTE: Deadline.>> --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,

[[Page 126 STAT. 59]]

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) <<NOTE: Checklist.>> 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.

[[Page 126 STAT. 60]]

                    ``(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. <<NOTE: 49 USC 44731.>> Collection of data on 
                    helicopter air ambulance operations

    ``(a) In General. <<NOTE: Deadlines. Reports.>> --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.

[[Page 126 STAT. 61]]

    ``(c) <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 44731.>> 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

[[Page 126 STAT. 62]]

            (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. <<NOTE: Deadlines. Procedures. 49 USC 44732 
note.>> --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. <<NOTE: 49 USC 44732.>> Inspection of repair 
                    stations located outside the United States

    ``(a) In General. <<NOTE: Deadline. Safety assessment system.>> --
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

[[Page 126 STAT. 63]]

        part 145 repair stations when safety concerns warrant such 
        inspections.

    ``(b) Notice to Congress of Negotiations. <<NOTE: Deadline.>> --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.-- <<NOTE: Publication.>> 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. <<NOTE: Standards.>> --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. <<NOTE: Deadline. Regulations.>> --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. <<NOTE: Applicability.>> --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.

[[Page 126 STAT. 64]]

            ``(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. <<NOTE: 49 USC 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) <<NOTE: Applicability.>> 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. <<NOTE: 49 USC 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.

[[Page 126 STAT. 65]]

            ``(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. <<NOTE: 18 USC 39A.>> Aiming a laser pointer at an 
                aircraft

    ``(a) Offense. <<NOTE: Penalty.>> --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

[[Page 126 STAT. 66]]

        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. <<NOTE: Notice. Public comment.>> --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. <<NOTE: Notification. Deadline.>> 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. <<NOTE: 49 USC 44704 note.>>  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.

[[Page 126 STAT. 67]]

    (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) <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 44701 note.>> CONSISTENCY OF REGULATORY 
                        INTERPRETATION.

    (a) Establishment of Advisory Panel. <<NOTE: Deadline.>> --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) <<NOTE: Determination. Recommenda- tions.>> 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. <<NOTE: 49 USC 47101 note.>> RUNWAY SAFETY.

    (a) Strategic Runway Safety Plan.--
            (1) In general. <<NOTE: Deadline. Reports.>> --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;

[[Page 126 STAT. 68]]

                          (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. <<NOTE: Deadline. Procedures.>> --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. <<NOTE: Deadline. Reports.>> --
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. <<NOTE: 49 USC 44701 note.>> FLIGHT STANDARDS EVALUATION 
                        PROGRAM.

    (a) In General. <<NOTE: Deadline.>> --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

[[Page 126 STAT. 69]]

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) <<NOTE: Consultation.>> 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. <<NOTE: 49 USC 44713 note.>> MAINTENANCE PROVIDERS.

    (a) Regulations. <<NOTE: Deadline.>> --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).

[[Page 126 STAT. 70]]

    (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. <<NOTE: Deadline.>> --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;

[[Page 126 STAT. 71]]

            (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. <<NOTE: 49 USC 44703 note.>> 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. <<NOTE: Deadlines.>> --Not later than 270 days after the 
date of enactment of this Act, the Administrator shall--
            (1) <<NOTE: Reports.>> 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.

[[Page 126 STAT. 72]]

    (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. <<NOTE: 49 USC 40101 note.>> DEFINITIONS.

    In this subtitle, the following definitions 
apply: <<NOTE: Applicability.>> 
            (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.

[[Page 126 STAT. 73]]

SEC. 332. <<NOTE: 49 USC 40101 note.>> INTEGRATION OF CIVIL 
                        UNMANNED AIRCRAFT SYSTEMS INTO NATIONAL 
                        AIRSPACE SYSTEM.

    (a) Required Planning for Integration.--
            (1) Comprehensive plan. <<NOTE: Deadline.>> --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).

[[Page 126 STAT. 74]]

            (5) Roadmap. <<NOTE: Deadlines. Publication. Web 
        posting.>> --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. <<NOTE: Deadline. Federal Register, 
publication.>> --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. <<NOTE: Deadline.>> --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. <<NOTE: Termination date.>> 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) <<NOTE: Standards.>> 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) <<NOTE: Consultation.>> consult with the 
                National Aeronautics and Space Administration and the 
                Department of Defense.

[[Page 126 STAT. 75]]

            (4) Test range operation. <<NOTE: Deadline.>> --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. <<NOTE: Deadline. Plans.>> --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. <<NOTE: Deadline.>> --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. <<NOTE: 49 USC 40101 note.>> SPECIAL RULES FOR CERTAIN 
                        UNMANNED AIRCRAFT SYSTEMS.

    (a) In General. <<NOTE: Deadline. Determination.>> --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.

[[Page 126 STAT. 76]]

    (b) Assessment of Unmanned Aircraft 
Systems. <<NOTE: Determination.>> --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. <<NOTE: 49 USC 40101 note.>> PUBLIC UNMANNED AIRCRAFT 
                        SYSTEMS.

    (a) Guidance. <<NOTE: Deadline.>> --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. <<NOTE: Deadline.>> --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. <<NOTE: Deadline.>> --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;

[[Page 126 STAT. 77]]

                          (ii) <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 40101 note.>> 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. <<NOTE: 49 USC 40101 note.>> 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;

[[Page 126 STAT. 78]]

            (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) <<NOTE: Recommenda- tions.>> 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

[[Page 126 STAT. 79]]

                          ``(ii) <<NOTE: Notice.>> 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. <<NOTE: Deadline. Records.>> --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.--

[[Page 126 STAT. 80]]

            ``(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) <<NOTE: 49 USC 44711 note.>> 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. <<NOTE: 49 USC 44701 note.>> 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

[[Page 126 STAT. 81]]

oversight system database conducted under this section, including copies 
of reports received under subsection (b).
SEC. 344. <<NOTE: 49 USC 40123 note.>> 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. <<NOTE: 49 USC 44701 note.>> 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. <<NOTE: Deadline.>> --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

[[Page 126 STAT. 82]]

(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. <<NOTE: Deadline.>> --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. <<NOTE: 49 USC 44712 note.>> 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. <<NOTE: Deadline. Determination.>> --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.

[[Page 126 STAT. 83]]

                   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;

[[Page 126 STAT. 84]]

                          ``(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. <<NOTE: Reports. Web posting.>> --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) <<NOTE: 49 USC 41708 note.>> 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. <<NOTE: 49 USC 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

[[Page 126 STAT. 85]]

        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. <<NOTE: Deadline.>> --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

[[Page 126 STAT. 86]]

        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;

[[Page 126 STAT. 87]]

            (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. <<NOTE: 49 USC 42302 note.>> 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--

[[Page 126 STAT. 88]]

            (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) <<NOTE: Deadline.>> 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. <<NOTE: Deadline. Federal Register, 
publication.>> --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. <<NOTE: 49 USC 42301 prec. note.>> 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.

[[Page 126 STAT. 89]]

    (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. <<NOTE: 49 USC 42301 prec. note.>> DISCLOSURE OF SEAT 
                        DIMENSIONS TO FACILITATE THE USE OF CHILD 
                        SAFETY SEATS ON AIRCRAFT.

     <<NOTE: Deadline. Regulations. Web posting.>> 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. <<NOTE: 49 USC 41722 note.>> SCHEDULE REDUCTION.

    (a) <<NOTE: Determination.>> 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

[[Page 126 STAT. 90]]

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. <<NOTE: Deadline.>> --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

[[Page 126 STAT. 91]]

        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) <<NOTE: Notice.>> 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.''.

[[Page 126 STAT. 92]]

    (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:

[[Page 126 STAT. 93]]

            ``CHAPTER 423--PASSENGER AIR SERVICE IMPROVEMENTS

``Sec.
``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.

``Sec. 42301. <<NOTE: 49 USC 42301.>> Emergency contingency plans

    ``(a) Submission of Air Carrier and Airport 
Plans. <<NOTE: Deadline.>> --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--

[[Page 126 STAT. 94]]

                          ``(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) <<NOTE: Deadlines.>> 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. <<NOTE: Deadline. Review.>> --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. <<NOTE: Web posting.>> --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.

[[Page 126 STAT. 95]]

    ``(i) <<NOTE: Applicability.>> 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. <<NOTE: 49 USC 42302.>> Consumer complaints

    ``(a) In General. <<NOTE: Notifications.>> --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. <<NOTE: 49 USC 42303.>> Use of insecticides in 
                    passenger aircraft

    ``(a) Information To Be Provided on the Internet. <<NOTE: Public 
information.>> --The Secretary of Transportation shall establish, and 
make available

[[Page 126 STAT. 96]]

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. <<NOTE: Effective date. 49 USC 
42301 note.>> --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

[[Page 126 STAT. 97]]

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) <<NOTE: Time period.>> 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. <<NOTE: Deadline.>> --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) <<NOTE: Order.>> 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) <<NOTE: Order.>> 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.''.

[[Page 126 STAT. 98]]

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. <<NOTE: Order.>> --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) <<NOTE: 49 USC 41737 note.>> 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) <<NOTE: Applicability. 49 USC 41734 note.>> 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.

[[Page 126 STAT. 99]]

    (c) <<NOTE: 49 USC 41731 note.>> 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) <<NOTE: 49 USC 41737 note.>> 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. <<NOTE: Deadline.>> --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''.

[[Page 126 STAT. 100]]

    (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

[[Page 126 STAT. 101]]

                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. <<NOTE: Publication.>> --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. <<NOTE: Consultation.>> --The 
                Director and the Administrator shall provide an 
                opportunity for public review of a proposed voluntary 
                agreement under this paragraph and

[[Page 126 STAT. 102]]

                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

[[Page 126 STAT. 103]]

            (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. <<NOTE: Consultation.>> --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;

[[Page 126 STAT. 104]]

            ``(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.''.

[[Page 126 STAT. 105]]

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) <<NOTE: Effective date. 49 USC 47534.>>  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

[[Page 126 STAT. 106]]

        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. <<NOTE: 49 USC 44505 note.>> 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. <<NOTE: 49 USC 44502 note.>> 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

[[Page 126 STAT. 107]]

        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. <<NOTE: 49 USC 47501 note.>> AVIATION NOISE COMPLAINTS.

     <<NOTE: Deadline. Web posting.>> Not later than 90 days after the 
date of enactment of this Act, each owner or operator of a large hub 
airport (as defined in section 40102(a) of title 49, United States Code) 
shall publish on an Internet Web site of the airport a telephone number 
to receive aviation noise complaints related to the airport.
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. <<NOTE: 49 USC 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.

[[Page 126 STAT. 108]]

    ``(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''.

[[Page 126 STAT. 109]]

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. <<NOTE: 49 USC 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.

[[Page 126 STAT. 110]]

                    ``(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. <<NOTE: Submission.>> --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. <<NOTE: List. Deadlines.>> --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. <<NOTE: Deadline.>> --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--

[[Page 126 STAT. 111]]

                                    ``(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) <<NOTE: Definitions.>> 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

[[Page 126 STAT. 112]]

                      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) <<NOTE: Deadline.>> 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

[[Page 126 STAT. 113]]

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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 49 USC 44701 note.>> SAFETY CRITICAL STAFFING.

    (a) <<NOTE: Deadline.>> 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

[[Page 126 STAT. 114]]

safety inspectors developed pursuant to the National Academy of Sciences 
study entitled ``Staffing Standards for Aviation Safety 
Inspectors''. <<NOTE: Consultation.>> 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) <<NOTE: Determination.>> 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

[[Page 126 STAT. 115]]

                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) <<NOTE: Deadline.>> 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) <<NOTE: Study.>> 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;

[[Page 126 STAT. 116]]

                    (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) <<NOTE: Deadline. Review. Evaluation. 49 USC 44506 
note.>> 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) <<NOTE: Standards.>> 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) <<NOTE: Deadline. Assessment.>> 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.

[[Page 126 STAT. 117]]

            (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) <<NOTE: Review.>> 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) <<NOTE: Review.>> 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.''.

[[Page 126 STAT. 118]]

                      TITLE VII--AVIATION INSURANCE

SEC. 701. GENERAL AUTHORITY.

     <<NOTE: Extension dates.>> 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. <<NOTE: 49 USC 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

[[Page 126 STAT. 119]]

                    ``(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. <<NOTE: 49 USC 44501 note.>> CONSOLIDATION AND 
                        REALIGNMENT OF FAA SERVICES AND 
                        FACILITIES.

    (a) National Facilities Realignment and Consolidation Report.--

[[Page 126 STAT. 120]]

            (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) <<NOTE: Federal Register, publication.>> 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) <<NOTE: Records.>> 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) <<NOTE: Time periods.>> 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

[[Page 126 STAT. 121]]

        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) <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 40114 note.>> 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

[[Page 126 STAT. 122]]

            (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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Reports.>> 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:

[[Page 126 STAT. 123]]

            (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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.

[[Page 126 STAT. 124]]

SEC. 812. <<NOTE: 49 USC 106 note.>> FAA REVIEW AND REFORM.

    (a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 47133 note.>> 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) <<NOTE: Contracts. Time periods.>> 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

[[Page 126 STAT. 125]]

                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) <<NOTE: Waiver.>> 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) <<NOTE: Deadline. Time period.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 40110 note.>> 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) <<NOTE: Review. Reports.>> 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:

[[Page 126 STAT. 126]]

            ``(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. <<NOTE: 49 USC 44704 note.>> 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) <<NOTE: Deadline.>> 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

[[Page 126 STAT. 127]]

        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. <<NOTE: 49 USC 47125 note.>> 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. <<NOTE: 49 USC 45105 note.>> HUMAN INTERVENTION 
                        MOTIVATION STUDY.

     <<NOTE: Deadline.>> 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.

     <<NOTE: Deadline. Reports.>> 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

[[Page 126 STAT. 128]]

            (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. <<NOTE: 49 USC 40101 note.>> 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) <<NOTE: Definition.>> 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. <<NOTE: 49 USC 47141 note.>> PILOT PROGRAM FOR 
                        REDEVELOPMENT OF AIRPORT PROPERTIES.

    (a) <<NOTE: Deadline.>> 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

[[Page 126 STAT. 129]]

            (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) <<NOTE: Grants.>> 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

[[Page 126 STAT. 130]]

                    (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. <<NOTE: Time period.>> 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) <<NOTE: Alaska.>> 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--

[[Page 126 STAT. 131]]

            (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) <<NOTE: Applicability.>> 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. <<NOTE: 49 USC 106 note.>>  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) <<NOTE: Effective date. Determination. Time 
period.>> 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) <<NOTE: Public information. Web posting.>> 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--

[[Page 126 STAT. 132]]

                    (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) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> In general.--The 
                Assistant Secretary may extend the deadline specified in 
                paragraph (2), if the Assistant Secretary determines 
                that--

[[Page 126 STAT. 133]]

                          ``(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.

     <<NOTE: Effective date.>> 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. <<NOTE: 49 USC 44701 note.>> 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

[[Page 126 STAT. 134]]

        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.

     <<NOTE: Deadline.>> Not later than 6 months after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall--
            (1) <<NOTE: Milestones. Reports.>> 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) <<NOTE: Policy statement.>> initiate development of a 
        policy statement to set forth the circumstances in which 
        requirements of the Occupational

[[Page 126 STAT. 135]]

        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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Records.>> 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:

[[Page 126 STAT. 136]]

    ``(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) <<NOTE: Time period.>> 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. <<NOTE: Applicability.>> 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) <<NOTE: Records.>> 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).

[[Page 126 STAT. 137]]

           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) <<NOTE: 49 USC 44501 note.>> 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:

[[Page 126 STAT. 138]]

            (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. <<NOTE: 49 USC 40101 note.>> 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;

[[Page 126 STAT. 139]]

            (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. <<NOTE: 49 USC 44505 note.>> 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) <<NOTE: Deadline.>> 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)--

[[Page 126 STAT. 140]]

                    (A) <<NOTE: Deadline.>> 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. <<NOTE: 49 USC 44513 note.>> 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.

[[Page 126 STAT. 141]]

            (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. <<NOTE: 49 USC 40101 note.>> INTERAGENCY RESEARCH ON 
                        AVIATION AND THE ENVIRONMENT.

    (a) In General. <<NOTE: Consultation.>> --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) <<NOTE: Deadline.>> Requirements.--The plan--
                    (A) shall be completed not later than 1 year after 
                the date of enactment of this Act;
                    (B) <<NOTE: Submission.>> shall be submitted to 
                Congress for review; and
                    (C) <<NOTE: Updates.>> shall be updated, as 
                appropriate, every 3 years after the initial submission.
SEC. 910. <<NOTE: 49 USC 44504 note.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>> 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

[[Page 126 STAT. 142]]

            (4) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 49 USC 44504 note.>>  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. <<NOTE: Deadline.>> --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.

[[Page 126 STAT. 143]]

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.

[[Page 126 STAT. 144]]

            (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. <<NOTE: 49 USC 44504 note.>> 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. <<NOTE: Deadline.>> --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. <<NOTE: 49 USC 44505 note.>> WAKE TURBULENCE, VOLCANIC 
                        ASH, AND WEATHER RESEARCH.

     <<NOTE: Deadline.>> Not later than 60 days after the date of 
enactment of this Act, the Administrator shall--
            (1) <<NOTE: Evaluation.>> 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.

[[Page 126 STAT. 145]]

SEC. 916. <<NOTE: 49 USC 44504 note.>> 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. <<NOTE: 49 USC 44504 note.>> RESEARCH AND DEVELOPMENT OF 
                        EQUIPMENT TO CLEAN AND MONITOR THE ENGINE 
                        AND APU BLEED AIR SUPPLIED ON PRESSURIZED 
                        AIRCRAFT.

    (a) In General. <<NOTE: Deadline.>> --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

[[Page 126 STAT. 146]]

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. <<NOTE: Deadline. Statement. Study.>> --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. <<NOTE: 45 USC 160a.>>  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.''.

[[Page 126 STAT. 147]]

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. <<NOTE: 45 USC 165.>> 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. <<NOTE: Time period.>> 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. <<NOTE: Deadline. Recommenda- tions.>> --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

[[Page 126 STAT. 148]]

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. <<NOTE: 26 USC 4081.>> --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) <<NOTE: 26 USC 4081 note.>> 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;''.

[[Page 126 STAT. 149]]

    (b) Conforming Amendment.--Paragraph (2) of section <<NOTE: 26 USC 
9502.>> 9502(e) is amended by striking ``February 18, 2012'' and 
inserting ``October 1, 2015''.

    (c) <<NOTE: 26 USC 9502 note.>> 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. <<NOTE: 26 USC 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.

[[Page 126 STAT. 150]]

            ``(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 <<NOTE: 26 USC 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),''.

[[Page 126 STAT. 151]]

            (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 <<NOTE: 26 USC 4083.>> is 
amended by adding at the end the following new 
sentence: <<NOTE: Effective date.>> ``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 <<NOTE: Termination 
date.>> subsection shall not apply after September 30, 2015.''.

    (d) Effective Dates.--
            (1) <<NOTE: 26 USC 4043 note.>> Subsection (a).--The 
        amendments made by subsection (a) shall apply to fuel used after 
        March 31, 2012.
            (2) <<NOTE: 26 USC 4083 note.>> Subsection (b).--The 
        amendment made by subsection (b) shall apply to uses of aircraft 
        after March 31, 2012.
            (3) <<NOTE: 26 USC 4261 note.>> 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) <<NOTE: 26 USC 7275 note.>> Effective Date.--The amendments made 
by this section shall apply to taxable transportation provided after 
March 31, 2012.

[[Page 126 STAT. 152]]

SEC. 1105. TAX-EXEMPT BOND FINANCING FOR FIXED-WING EMERGENCY 
                          MEDICAL AIRCRAFT.

    (a) In General.--Subsection (e) of section 147 <<NOTE: 26 USC 
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) <<NOTE: 26 USC 147 note.>> Effective Date.--The amendment made 
by this section shall apply to obligations issued after the date of the 
enactment of this Act.
SEC. 1106. <<NOTE: 26 USC 408 note.>> ROLLOVER OF AMOUNTS RECEIVED 
                          IN AIRLINE CARRIER BANKRUPTCY.

    (a) <<NOTE: Time period.>> 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.--

[[Page 126 STAT. 153]]

                    (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) <<NOTE: Applicability.>> 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

[[Page 126 STAT. 154]]

                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) <<NOTE: Applicability. 26 USC 4281 note.>> 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 <<NOTE: 26 USC 
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) <<NOTE: 26 USC 249 note.>> Effective Date.--The amendments made 
by this section shall apply to repurchases after the date of the 
enactment of this Act.

[[Page 126 STAT. 155]]

     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.

    Approved February 14, 2012.

LEGISLATIVE HISTORY--H.R. 658 (S. 223):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 112-29, Pts. 1 and 2 (Comm. on Transportation and 
Infrastructure) and 112-381 (Comm. of Conference).
CONGRESSIONAL RECORD:
                                                        Vol. 157 (2011):
                                    Mar. 31, Apr. 1, considered and 
                                        passed House.
                                    Apr. 7, considered and passed 
                                        Senate, amended, in lieu of 
                                        S. 223.
                                                        Vol. 158 (2012):
                                    Feb. 3, House agreed to conference 
                                        report.
                                    Feb. 6, Senate agreed to conference 
                                        report.

                                  <all>