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112th Congress Rept. 112-29
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
FAA REAUTHORIZATION AND REFORM ACT OF 2011
_______
March 10, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Mica, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 658]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 658) to amend title 49, United
States Code, to authorize appropriations for the Federal
Aviation Administration for fiscal years 2011 through 2014, to
streamline programs, create efficiencies, reduce waste, and
improve aviation safety and capacity, to provide stable funding
for the national aviation system, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose of the Legislation and Summary........................... 69
Background and Need for the Legislation.......................... 70
Legislative History.............................................. 75
Hearings......................................................... 75
Committee Votes.................................................. 76
Committee Oversight Findings..................................... 84
New Budget Authority and Tax Expenditures........................ 84
Congressional Budget Office Cost Estimate........................ 84
Performance Goals and Objectives................................. 93
Advisory on Earmarks............................................. 93
Federal Mandate Statement........................................ 94
Preemption Clarification......................................... 94
Advisory Committee Statement..................................... 94
Applicability of Legislative Branch.............................. 94
Section-by-Section Analysis...................................... 94
Changes in Existing Law Made by the Bill, as Reported............ 132
Dissenting Views................................................. 235
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FAA Reauthorization
and Reform Act of 2011''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility
planning and programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Funding for aviation programs.
Sec. 105. Delineation of Next Generation Air Transportation System
projects.
Sec. 106. Funding for administrative expenses for airport programs.
Subtitle B--Passenger Facility Charges
Sec. 111. Passenger facility charges.
Sec. 112. Airport access flexibility program.
Sec. 113. GAO study of alternative means of collecting PFCs.
Sec. 114. Qualifications-based selection.
Subtitle C--Fees for FAA Services
Sec. 121. Update on overflights.
Sec. 122. Registration fees.
Subtitle D--Airport Improvement Program Modifications
Sec. 131. Airport master plans.
Sec. 132. Aerotropolis transportation systems.
Sec. 133. AIP definitions.
Sec. 134. Recycling plans for airports.
Sec. 135. Contents of competition plans.
Sec. 136. Grant assurances.
Sec. 137. Agreements granting through-the-fence access to general
aviation airports.
Sec. 138. Government share of project costs.
Sec. 139. Allowable project costs.
Sec. 140. Veterans' preference.
Sec. 141. Standardizing certification of disadvantaged business
enterprises.
Sec. 142. Special apportionment rules.
Sec. 143. Apportionments.
Sec. 144. Marshall Islands, Micronesia, and Palau.
Sec. 145. Designating current and former military airports.
Sec. 146. Contract tower program.
Sec. 147. Resolution of disputes concerning airport fees.
Sec. 148. Sale of private airports to public sponsors.
Sec. 149. Repeal of certain limitations on Metropolitan Washington
Airports Authority.
Sec. 150. Midway Island Airport.
Sec. 151. Miscellaneous amendments.
Sec. 152. Extension of grant authority for compatible land use planning
and projects by State and local governments.
Sec. 153. Priority review of construction projects in cold weather
States.
Sec. 154. Study on national plan of integrated airport systems.
Sec. 155. Transfers of terminal area air navigation equipment to
airport sponsors.
Sec. 156. Airport privatization program.
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
Sec. 201. Definitions.
Sec. 202. NextGen demonstrations and concepts.
Sec. 203. Clarification of authority to enter into reimbursable
agreements.
Sec. 204. Chief NextGen Officer.
Sec. 205. Definition of air navigation facility.
Sec. 206. Clarification to acquisition reform authority.
Sec. 207. Assistance to foreign aviation authorities.
Sec. 208. Next Generation Air Transportation System Joint Planning and
Development Office.
Sec. 209. Next Generation Air Transportation Senior Policy Committee.
Sec. 210. Improved management of property inventory.
Sec. 211. Automatic dependent surveillance-broadcast services.
Sec. 212. Expert review of enterprise architecture for NextGen.
Sec. 213. Acceleration of NextGen technologies.
Sec. 214. Performance metrics.
Sec. 215. Certification standards and resources.
Sec. 216. Surface systems acceleration.
Sec. 217. Inclusion of stakeholders in air traffic control
modernization projects.
Sec. 218. Siting of wind farms near FAA navigational aids and other
assets.
Sec. 219. Airspace redesign.
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. Judicial review of denial of airman certificates.
Sec. 302. Release of data relating to abandoned type certificates and
supplemental type certificates.
Sec. 303. Design and production organization certificates.
Sec. 304. Aircraft certification process review and reform.
Sec. 305. Consistency of regulatory interpretation.
Sec. 306. Runway safety.
Sec. 307. Improved pilot licenses.
Sec. 308. Flight attendant fatigue.
Sec. 309. Flight Standards Evaluation Program.
Sec. 310. Cockpit smoke.
Sec. 311. Safety of air ambulance operations.
Sec. 312. Off-airport, low-altitude aircraft weather observation
technology.
Sec. 313. Feasibility of requiring helicopter pilots to use night
vision goggles.
Sec. 314. Prohibition on personal use of electronic devices on flight
deck.
Sec. 315. Noncertificated maintenance providers.
Sec. 316. Inspection of foreign repair stations.
Sec. 317. Sunset of line check.
Subtitle B--Unmanned Aircraft Systems
Sec. 321. Definitions.
Sec. 322. Commercial unmanned aircraft systems integration plan.
Sec. 323. Special rules for certain unmanned aircraft systems.
Sec. 324. Public unmanned aircraft systems.
Sec. 325. Unmanned aircraft systems test ranges.
Subtitle C--Safety and Protections
Sec. 331. Postemployment restrictions for flight standards inspectors.
Sec. 332. Review of air transportation oversight system database.
Sec. 333. Improved voluntary disclosure reporting system.
Sec. 334. Aviation Whistleblower Investigation Office.
Sec. 335. Duty periods and flight time limitations applicable to flight
crewmembers.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Essential Air Service
Sec. 401. Essential air service marketing.
Sec. 402. Notice to communities prior to termination of eligibility for
subsidized essential air service.
Sec. 403. Essential air service contract guidelines.
Sec. 404. Essential air service reform.
Sec. 405. Small community air service.
Sec. 406. Adjustments to compensation for significantly increased
costs.
Sec. 407. Repeal of EAS local participation program.
Sec. 408. Sunset of essential air service program.
Subtitle B--Passenger Air Service Improvements
Sec. 421. Smoking prohibition.
Sec. 422. Monthly air carrier reports.
Sec. 423. Flight operations at Ronald Reagan Washington National
Airport.
Sec. 424. Musical instruments.
Sec. 425. Passenger air service improvements.
Sec. 426. Airfares for members of the Armed Forces.
Sec. 427. Review of air carrier flight delays, cancellations, and
associated causes.
Sec. 428. Denied boarding compensation.
Sec. 429. Compensation for delayed baggage.
Sec. 430. Schedule reduction.
Sec. 431. DOT airline consumer complaint investigations.
Sec. 432. Study of operators regulated under part 135.
Sec. 433. Use of cell phones on passenger aircraft.
TITLE V--ENVIRONMENTAL STREAMLINING
Sec. 501. Overflights of national parks.
Sec. 502. State block grant program.
Sec. 503. NextGen environmental efficiency projects streamlining.
Sec. 504. Airport funding of special studies or reviews.
Sec. 505. Noise compatibility programs.
Sec. 506. Grant eligibility for assessment of flight procedures.
Sec. 507. Determination of fair market value of residential properties.
Sec. 508. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise levels.
Sec. 509. Aircraft departure queue management pilot program.
Sec. 510. High performance, sustainable, and cost-effective air traffic
control facilities.
Sec. 511. Sense of Congress.
Sec. 512. Aviation noise complaints.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. Presidential rank award program.
Sec. 603. FAA technical training and staffing.
Sec. 604. Safety critical staffing.
Sec. 605. FAA air traffic controller staffing.
Sec. 606. Air traffic control specialist qualification training.
Sec. 607. Assessment of training programs for air traffic controllers.
Sec. 608. Collegiate training initiative study.
Sec. 609. FAA facility conditions.
Sec. 610. Frontline manager staffing.
TITLE VII--AVIATION INSURANCE
Sec. 701. General authority.
Sec. 702. Extension of authority to limit third-party liability of air
carriers arising out of acts of terrorism.
Sec. 703. Clarification of reinsurance authority.
Sec. 704. Use of independent claims adjusters.
TITLE VIII--MISCELLANEOUS
Sec. 801. Disclosure of data to Federal agencies in interest of
national security.
Sec. 802. FAA access to criminal history records and database systems.
Sec. 803. Civil penalties technical amendments.
Sec. 804. Realignment and consolidation of FAA services and facilities.
Sec. 805. Limiting access to flight decks of all-cargo aircraft.
Sec. 806. Consolidation or elimination of obsolete, redundant, or
otherwise unnecessary reports; use of electronic media format.
Sec. 807. Prohibition on use of certain funds.
Sec. 808. Study on aviation fuel prices.
Sec. 809. Wind turbine lighting.
Sec. 810. Air-rail code sharing study.
Sec. 811. D.C. Metropolitan Area Special Flight Rules Area.
Sec. 812. FAA review and reform.
Sec. 813. Cylinders of compressed oxygen or other oxidizing gases.
TITLE IX--NATIONAL MEDIATION BOARD
Sec. 901. Authority of Inspector General.
Sec. 902. Evaluation and audit of National Mediation Board.
Sec. 903. Repeal of rule.
TITLE X--COMMERCIAL SPACE TRANSPORTATION
Sec. 1001. Space flight passengers.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the amendments
made by this Act shall take effect on the date of enactment of this
Act.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103 is amended to read as follows:
``Sec. 48103. Airport planning and development and noise compatibility
planning and programs
``(a) In General.--There shall be available to the Secretary of
Transportation out of the Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code of 1986 to make grants
for airport planning and airport development under section 47104,
airport noise compatibility planning under section 47505(a)(2), and
carrying out noise compatibility programs under section 47504(c)--
``(1) $3,176,000,000 for fiscal year 2011;
``(2) $3,000,000,000 for fiscal year 2012;
``(3) $3,000,000,000 for fiscal year 2013; and
``(4) $3,000,000,000 for fiscal year 2014.
``(b) Availability of Amounts.--Amounts made available under
subsection (a) shall remain available until expended.
``(c) Limitation.--Amounts made available under subsection (a) may
not be used for carrying out the Airport Cooperative Research Program
or the Airports Technology Research Program.''.
(b) Obligational Authority.--Section 47104(c) is amended by striking
``March 31, 2011'' and inserting ``September 30, 2014''.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations.--Section 48101(a) is amended by
striking paragraphs (1) through (6) and inserting the following:
``(1) $2,700,000,000 for fiscal year 2011.
``(2) $2,600,000,000 for fiscal year 2012.
``(3) $2,600,000,000 for fiscal year 2013.
``(4) $2,600,000,000 for fiscal year 2014.''.
(b) Set-Asides.--Section 48101 is amended--
(1) by striking subsections (c), (d), (e), (h), and (i); and
(2) by redesignating subsections (f) and (g) as subsections
(c) and (d), respectively.
SEC. 103. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) is amended by striking
subparagraphs (A) through (F) and inserting the following:
``(A) $9,403,000,000 for fiscal year 2011;
``(B) $9,168,000,000 for fiscal year 2012;
``(C) $9,168,000,000 for fiscal year 2013; and
``(D) $9,168,000,000 for fiscal year 2014.''.
(b) Authorized Expenditures.--Section 106(k)(2) is amended--
(1) by striking subparagraphs (A), (B), (C), and (D);
(2) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (A), (B), and (C), respectively; and
(3) in subparagraphs (A), (B), and (C) (as so redesignated)
by striking ``2004 through 2007'' and inserting ``2011 through
2014''.
(c) Authority To Transfer Funds.--Section 106(k) is amended by adding
at the end the following:
``(3) Administering program within available funding.--
Notwithstanding any other provision of law, in each of fiscal
years 2011 through 2014, if the Secretary determines that the
funds appropriated under paragraph (1) are insufficient to meet
the salary, operations, and maintenance expenses of the Federal
Aviation Administration, as authorized by this section, the
Secretary shall reduce nonsafety-related activities of the
Administration as necessary to reduce such expenses to a level
that can be met by the funding available under paragraph
(1).''.
SEC. 104. FUNDING FOR AVIATION PROGRAMS.
(a) Airport and Airway Trust Fund Guarantee.--Section 48114(a)(1)(A)
is amended to read as follows:
``(A) In general.--The total budget resources made
available from the Airport and Airway Trust Fund each
fiscal year pursuant to sections 48101, 48102, 48103,
and 106(k) shall--
``(i) in fiscal year 2011, be equal to 90
percent of the estimated level of receipts plus
interest credited to the Airport and Airway
Trust Fund for that fiscal year; and
``(ii) in fiscal year 2012 and each fiscal
year thereafter, be equal to the sum of--
``(I) 90 percent of the estimated
level of receipts plus interest
credited to the Airport and Airway
Trust Fund for that fiscal year; and
``(II) the actual level of receipts
plus interest credited to the Airport
and Airway Trust Fund for the second
preceding fiscal year minus the total
amount made available for obligation
from the Airport and Airway Trust Fund
for the second preceding fiscal year.
Such amounts may be used only for aviation investment
programs listed in subsection (b).''.
(b) Additional Authorizations of Appropriations From the General
Fund.--Section 48114(a)(2) is amended by striking ``2007'' and
inserting ``2014''.
(c) Estimated Level of Receipts Plus Interest Defined.--Section
48114(b)(2) is amended--
(1) in the paragraph heading by striking ``Level'' and
inserting ``Estimated level''; and
(2) by striking ``level of receipts plus interest'' and
inserting ``estimated level of receipts plus interest''.
(d) Enforcement of Guarantees.--Section 48114(c)(2) is amended by
striking ``2007'' and inserting ``2014''.
SEC. 105. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION SYSTEM
PROJECTS.
Section 44501(b) is amended--
(1) in paragraph (3) by striking ``and'' after the semicolon;
(2) in paragraph (4)(B) by striking ``defense.'' and
inserting ``defense; and''; and
(3) by adding at the end the following:
``(5) a list of capital projects that are part of the Next
Generation Air Transportation System and funded by amounts
appropriated under section 48101(a).''.
SEC. 106. FUNDING FOR ADMINISTRATIVE EXPENSES FOR AIRPORT PROGRAMS.
(a) In General.--Section 48105 is amended to read as follows:
``Sec. 48105. Airport programs administrative expenses
``(a) In General.--Of the funds made available under section 48103,
the following amounts may be available for administrative expenses of
the Federal Aviation Administration described in subsection (b):
``(1) $85,987,000 for fiscal year 2011.
``(2) $80,676,000 for fiscal year 2012.
``(3) $80,676,000 for fiscal year 2013.
``(4) $80,676,000 for fiscal year 2014.
``(b) Eligible Administrative Expenses.--Amounts made available under
subsection (a) may be used for administrative expenses relating to the
airport improvement program, passenger facility charge approval and
oversight, national airport system planning, airport standards
development and enforcement, airport certification, airport-related
environmental activities (including legal services), and other airport-
related activities.
``(c) Availability of Amounts.--Amounts made available under
subsection (a) shall remain available until expended.''.
(b) Clerical Amendment.--The analysis for chapter 481 is amended by
striking the item relating to section 48105 and inserting the
following:
``48105. Airport programs administrative expenses.''.
Subtitle B--Passenger Facility Charges
SEC. 111. PASSENGER FACILITY CHARGES.
(a) PFC Defined.--Section 40117(a)(5) is amended to read as follows:
``(5) Passenger facility charge.--The term `passenger
facility charge' means a charge or fee imposed under this
section.''.
(b) Pilot Program for PFC Authorizations at Nonhub Airports.--Section
40117(l) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(c) Correction of References.--
(1) Section 40117.--Section 40117 is amended--
(A) in the section heading by striking ``fees'' and
inserting ``charges'';
(B) in the heading for subsection (e) by striking
``Fees'' and inserting ``Charges'';
(C) in the heading for subsection (l) by striking
``Fee'' and inserting ``Charge'';
(D) in the heading for paragraph (5) of subsection
(l) by striking ``fee'' and inserting ``charge'';
(E) in the heading for subsection (m) by striking
``Fees'' and inserting ``Charges'';
(F) in the heading for paragraph (1) of subsection
(m) by striking ``fees'' and inserting ``charges'';
(G) by striking ``fee'' each place it appears (other
than the second sentence of subsection (g)(4)) and
inserting ``charge''; and
(H) by striking ``fees'' each place it appears and
inserting ``charges''.
(2) Other references.--Subtitle VII is amended by striking
``fee'' and inserting ``charge'' each place it appears in each
of the following sections:
(A) Section 47106(f)(1).
(B) Section 47110(e)(5).
(C) Section 47114(f).
(D) Section 47134(g)(1).
(E) Section 47139(b).
(F) Section 47524(e).
(G) Section 47526(2).
(3) Clerical amendment.--The analysis for chapter 401 is
amended by striking the item relating to section 40117 and
inserting the following:
``40117. Passenger facility charges.''.
SEC. 112. AIRPORT ACCESS FLEXIBILITY PROGRAM.
Section 40117 is amended by adding at the end the following:
``(n) Airport Access Flexibility Program.--
``(1) PFC eligibility.--Subject to the requirements of this
subsection, the Secretary shall establish a pilot program under
which the Secretary may authorize, at no more than 5 airports,
a passenger facility charge imposed under subsection (b)(1) or
(b)(4) to be used to finance the eligible cost of an intermodal
ground access project.
``(2) Intermodal ground access project defined.--In this
subsection, the term `intermodal ground access project' means a
project for constructing a local facility owned or operated by
an eligible agency that is directly and substantially related
to the movement of passengers or property traveling in air
transportation.
``(3) Eligible costs.--
``(A) In general.--For purposes of paragraph (1), the
eligible cost of an intermodal ground access project at
an airport shall be the total cost of the project
multiplied by the ratio that--
``(i) the number of individuals projected to
use the project to gain access to or depart
from the airport; bears to
``(ii) the total number of the individuals
projected to use the facility.
``(B) Determinations regarding projected project
use.--
``(i) In general.--Except as provided by
clause (ii), the Secretary shall determine the
projected use of a project for purposes of
subparagraph (A) at the time the project is
approved under this subsection.
``(ii) Public transportation projects.--In
the case of a project approved under this
section to be financed in part using funds
administered by the Federal Transit
Administration, the Secretary shall use the
travel forecasting model for the project at the
time the project is approved by the Federal
Transit Administration to enter preliminary
engineering to determine the projected use of
the project for purposes of subparagraph
(A).''.
SEC. 113. GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS.
(a) In General.--The Comptroller General shall conduct a study of
alternative means of collecting passenger facility charges imposed
under section 40117 of title 49, United States Code, that would permit
such charges to be collected without being included in the ticket
price. In conducting the study, the Comptroller General shall consider,
at a minimum--
(1) collection options for arriving, connecting, and
departing passengers at airports;
(2) cost sharing or allocation methods based on passenger
travel to address connecting traffic; and
(3) examples of airport charges collected by domestic and
international airports that are not included in ticket prices.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the study, including the Comptroller General's findings,
conclusions, and recommendations.
SEC. 114. QUALIFICATIONS-BASED SELECTION.
(a) Qualifications-based Selection Defined.--In this section, the
term ``qualifications-based selection'' means a competitive procurement
process under which firms compete for capital improvement projects on
the basis of qualifications, past experience, and specific expertise.
(b) Sense of Congress.--It is the sense of Congress that airports
should consider the use of qualifications-based selection in carrying
out capital improvement projects funded using passenger facility
charges collected under section 40117 of title 49, United States Code,
with the goal of serving the needs of all stakeholders.
Subtitle C--Fees for FAA Services
SEC. 121. UPDATE ON OVERFLIGHTS.
(a) Establishment and Adjustment of Fees.--Section 45301(b) is
amended to read as follows:
``(b) Establishment and Adjustment of Fees.--
``(1) In general.--In establishing and adjusting fees under
this section, the Administrator shall ensure that the fees are
reasonably related to the Administration's costs, as determined
by the Administrator, of providing the services rendered.
``(2) Services for which costs may be recovered.--Services
for which costs may be recovered under this section include the
costs of air traffic control, navigation, weather services,
training, and emergency services that are available to
facilitate safe transportation over the United States and the
costs of other services provided by the Administrator, or by
programs financed by the Administrator, to flights that neither
take off nor land in the United States.
``(3) Limitations on judicial review.--Notwithstanding
section 702 of title 5 or any other provision of law, the
following actions and other matters shall not be subject to
judicial review:
``(A) The establishment or adjustment of a fee by the
Administrator under this section.
``(B) The validity of a determination of costs by the
Administrator under paragraph (1), and the processes
and procedures applied by the Administrator when
reaching such determination.
``(C) An allocation of costs by the Administrator
under paragraph (1) to services provided, and the
processes and procedures applied by the Administrator
when establishing such allocation.
``(4) Adjustment of overflight fees.--In accordance with
section 106(f)(3)(A), the Administrator shall adjust the
overflight fees established by subsection (a)(1) by issuing a
final rule with respect to the notice of proposed rulemaking
published in the Federal Register on September 28, 2010 (75
Fed. Reg. 59661).
``(5) Aircraft altitude.--Nothing in this section shall
require the Administrator to take into account aircraft
altitude in establishing any fee for aircraft operations in en
route or oceanic airspace.
``(6) Costs defined.--In this subsection, the term `costs'
includes operation and maintenance costs, leasing costs, and
overhead expenses associated with the services provided and the
facilities and equipment used in providing such services.''.
(b) Adjustment of Fees.--Section 45301 is amended by adding at the
end the following:
``(e) Adjustment of Fees.--In addition to adjustments under
subsection (b), the Administrator may periodically adjust the fees
established under this section.''.
SEC. 122. REGISTRATION FEES.
(a) In General.--Chapter 453 is amended by adding at the end the
following:
``Sec. 45305. Registration, certification, and related fees
``(a) General Authority and Fees.--Subject to subsection (b), the
Administrator of the Federal Aviation Administration shall establish
and collect a fee for each of the following services and activities of
the Administration that does not exceed the estimated costs of the
service or activity:
``(1) Registering an aircraft.
``(2) Reregistering, replacing, or renewing an aircraft
registration certificate.
``(3) Issuing an original dealer's aircraft registration
certificate.
``(4) Issuing an additional dealer's aircraft registration
certificate (other than the original).
``(5) Issuing a special registration number.
``(6) Issuing a renewal of a special registration number
reservation.
``(7) Recording a security interest in an aircraft or
aircraft part.
``(8) Issuing an airman certificate.
``(9) Issuing a replacement airman certificate.
``(10) Issuing an airman medical certificate.
``(11) Providing a legal opinion pertaining to aircraft
registration or recordation.
``(b) Limitation on Collection.--No fee may be collected under this
section unless the expenditure of the fee to pay the costs of
activities and services for which the fee is imposed is provided for in
advance in an appropriations Act.
``(c) Fees Credited as Offsetting Collections.--
``(1) In general.--Notwithstanding section 3302 of title 31,
any fee authorized to be collected under this section shall--
``(A) be credited as offsetting collections to the
account that finances the activities and services for
which the fee is imposed;
``(B) be available for expenditure only to pay the
costs of activities and services for which the fee is
imposed, including all costs associated with collecting
the fee; and
``(C) remain available until expended.
``(2) Continuing appropriations.--The Administrator may
continue to assess, collect, and spend fees established under
this section during any period in which the funding for the
Federal Aviation Administration is provided under an Act
providing continuing appropriations in lieu of the
Administration's regular appropriations.
``(3) Adjustments.--The Administrator shall adjust a fee
established under subsection (a) for a service or activity if
the Administrator determines that the actual cost of the
service or activity is higher or lower than was indicated by
the cost data used to establish such fee.''.
(b) Clerical Amendment.--The analysis for chapter 453 is amended by
adding at the end the following:
``45305. Registration, certification, and related fees.''.
(c) Fees Involving Aircraft Not Providing Air Transportation.--
Section 45302(e) is amended--
(1) by striking ``A fee'' and inserting the following:
``(1) In general.--A fee''; and
(2) by adding at the end the following:
``(2) Effect of imposition of other fees.--A fee may not be
imposed for a service or activity under this section during any
period in which a fee for the same service or activity is
imposed under section 45305.''.
Subtitle D--Airport Improvement Program Modifications
SEC. 131. AIRPORT MASTER PLANS.
Section 47101(g)(2) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) consider passenger convenience, airport ground
access, and access to airport facilities; and''.
SEC. 132. AEROTROPOLIS TRANSPORTATION SYSTEMS.
Section 47101(g) is amended by adding at the end the following:
``(4) Aerotropolis transportation systems.--Encourage the
development of aerotropolis transportation systems, which are
planned and coordinated multimodal freight and passenger
transportation networks that, as determined by the Secretary,
provide efficient, cost-effective, sustainable, and intermodal
connectivity to a defined region of economic significance
centered around a major airport.''.
SEC. 133. AIP DEFINITIONS.
(a) Airport Development.--Section 47102(3) is amended--
(1) in subparagraph (B)(iv) by striking ``20'' and inserting
``9'';
(2) in subparagraph (G) by inserting ``and including
acquiring glycol recovery vehicles,'' after ``aircraft,''; and
(3) by adding at the end the following:
``(M) construction of mobile refueler parking within
a fuel farm at a nonprimary airport meeting the
requirements of section 112.8 of title 40, Code of
Federal Regulations.
``(N) terminal development under section 47119(a).
``(O) acquiring and installing facilities and
equipment to provide air conditioning, heating, or
electric power from terminal-based, nonexclusive use
facilities to aircraft parked at a public use airport
for the purpose of reducing energy use or harmful
emissions as compared to the provision of such air
conditioning, heating, or electric power from aircraft-
based systems.''.
(b) Airport Planning.--Section 47102(5) is amended to read as
follows:
``(5) `airport planning' means planning as defined by
regulations the Secretary prescribes and includes--
``(A) integrated airport system planning;
``(B) developing an environmental management system;
and
``(C) developing a plan for recycling and minimizing
the generation of airport solid waste, consistent with
applicable State and local recycling laws, including
the cost of a waste audit.''.
(c) General Aviation Airport.--Section 47102 is amended--
(1) by redesignating paragraphs (23) through (25) as
paragraphs (25) through (27), respectively;
(2) by redesignating paragraphs (8) through (22) as
paragraphs (9) through (23), respectively; and
(3) by inserting after paragraph (7) the following:
``(8) `general aviation airport' means a public airport that
is located in a State and that, as determined by the
Secretary--
``(A) does not have scheduled service; or
``(B) has scheduled service with less than 2,500
passenger boardings each year.''.
(d) Revenue Producing Aeronautical Support Facilities.--Section 47102
is amended by inserting after paragraph (23) (as redesignated by
subsection (c)(2) of this section) the following:
``(24) `revenue producing aeronautical support facilities'
means fuel farms, hangar buildings, self-service credit card
aeronautical fueling systems, airplane wash racks, major
rehabilitation of a hangar owned by a sponsor, or other
aeronautical support facilities that the Secretary determines
will increase the revenue producing ability of the airport.''.
(e) Terminal Development.--Section 47102 (as amended by subsection
(c) of this section) is further amended by adding at the end the
following:
``(28) `terminal development' means--
``(A) development of--
``(i) an airport passenger terminal building,
including terminal gates;
``(ii) access roads servicing exclusively
airport traffic that leads directly to or from
an airport passenger terminal building; and
``(iii) walkways that lead directly to or
from an airport passenger terminal building;
and
``(B) the cost of a vehicle described in section
47119(a)(1)(B).''.
SEC. 134. RECYCLING PLANS FOR AIRPORTS.
Section 47106(a) is amended--
(1) in paragraph (4) by striking ``and'' at the end;
(2) in paragraph (5) by striking ``proposed.'' and inserting
``proposed; and''; and
(3) by adding at the end the following:
``(6) if the project is for an airport that has an airport
master plan, the master plan addresses issues relating to solid
waste recycling at the airport, including--
``(A) the feasibility of solid waste recycling at the
airport;
``(B) minimizing the generation of solid waste at the
airport;
``(C) operation and maintenance requirements;
``(D) the review of waste management contracts; and
``(E) the potential for cost savings or the
generation of revenue.''.
SEC. 135. CONTENTS OF COMPETITION PLANS.
Section 47106(f)(2) is amended--
(1) by striking ``patterns of air service,'';
(2) by inserting ``and'' before ``whether''; and
(3) by striking ``, and airfare levels'' and all that follows
before the period.
SEC. 136. GRANT ASSURANCES.
(a) General Written Assurances.--Section 47107(a)(16)(D)(ii) is
amended by inserting before the semicolon at the end the following: ``,
except in the case of a relocation or replacement of an existing
airport facility that meets the conditions of section 47110(d)''.
(b) Written Assurances on Acquiring Land.--
(1) Use of proceeds.--Section 47107(c)(2)(A)(iii) is amended
by striking ``paid to the Secretary'' and all that follows
before the semicolon and inserting ``reinvested in another
project at the airport or transferred to another airport as the
Secretary prescribes under paragraph (4)''.
(2) Eligible projects.--Section 47107(c) is amended by adding
at the end the following:
``(4) In approving the reinvestment or transfer of proceeds under
paragraph (2)(A)(iii), the Secretary shall give preference, in
descending order, to the following actions:
``(A) Reinvestment in an approved noise compatibility
project.
``(B) Reinvestment in an approved project that is eligible
for funding under section 47117(e).
``(C) Reinvestment in an approved airport development project
that is eligible for funding under section 47114, 47115, or
47117.
``(D) Transfer to a sponsor of another public airport to be
reinvested in an approved noise compatibility project at such
airport.
``(E) Payment to the Secretary for deposit in the Airport and
Airway Trust Fund.''.
(c) Clerical Amendment.--Section 47107(c)(2)(B)(iii) is amended by
striking ``the Fund'' and inserting ``the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue Code of 1986''.
(d) Extension of Competitive Access Reports.--Section 47107(s) is
amended by striking paragraph (3).
SEC. 137. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL
AVIATION AIRPORTS.
(a) In General.--Section 47107 is amended by adding at the end the
following:
``(t) Agreements Granting Through-The-Fence Access to General
Aviation Airports.--
``(1) In general.--Subject to paragraph (2), a sponsor of a
general aviation airport shall not be considered to be in
violation of this subtitle, or to be in violation of a grant
assurance made under this section or under any other provision
of law as a condition for the receipt of Federal financial
assistance for airport development, solely because the sponsor
enters into an agreement that grants to a person that owns
residential real property adjacent to the airport access to the
airfield of the airport for the following:
``(A) Aircraft of the person.
``(B) Aircraft authorized by the person.
``(2) Through-the-fence agreements.--
``(A) In general.--An agreement described in
paragraph (1) between an airport sponsor and a property
owner shall be a written agreement that prescribes the
rights, responsibilities, charges, duration, and other
terms the airport sponsor determines are necessary to
establish and manage the airport sponsor's relationship
with the property owner.
``(B) Terms and conditions.--An agreement described
in paragraph (1) between an airport sponsor and a
property owner shall require the property owner, at
minimum--
``(i) to pay airport access charges that, as
determined by the airport sponsor, are
comparable to those charged to tenants and
operators on-airport making similar use of the
airport;
``(ii) to bear the cost of building and
maintaining the infrastructure that, as
determined by the airport sponsor, is necessary
to provide aircraft located on the property
adjacent to the airport access to the airfield
of the airport;
``(iii) to maintain the property for
residential, noncommercial use for the duration
of the agreement; and
``(iv) to prohibit access to the airport from
other properties through the property of the
property owner.''.
(b) Applicability.--The amendment made by subsection (a) shall apply
to an agreement between an airport sponsor and a property owner entered
into before, on, or after the date of enactment of this Act.
SEC. 138. GOVERNMENT SHARE OF PROJECT COSTS.
Section 47109 is amended--
(1) in subsection (a) by striking ``provided in subsection
(b) or subsection (c) of this section'' and inserting
``otherwise provided in this section''; and
(2) by adding at the end the following:
``(e) Special Rule for Transition From Small Hub to Medium Hub
Status.--If the status of a small hub airport changes to a medium hub
airport, the Government's share of allowable project costs for the
airport may not exceed 90 percent for the first 2 fiscal years
following such change in hub status.
``(f) Special Rule for Economically Depressed Communities.--The
Government's share of allowable project costs shall be 95 percent for a
project at an airport that--
``(1) is receiving subsidized air service under subchapter II
of chapter 417; and
``(2) is located in an area that meets one or more of the
criteria established in section 301(a) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3161(a)), as
determined by the Secretary of Commerce.''.
SEC. 139. ALLOWABLE PROJECT COSTS.
(a) Allowable Project Costs.--Section 47110(b)(2)(D) is amended to
read as follows:
``(D) if the cost is for airport development and is incurred
before execution of the grant agreement, but in the same fiscal
year as execution of the grant agreement, and if--
``(i) the cost was incurred before execution of the
grant agreement due to climactic conditions affecting
the construction season in the vicinity of the airport;
``(ii) the cost is in accordance with an airport
layout plan approved by the Secretary and with all
statutory and administrative requirements that would
have been applicable to the project if the project had
been carried out after execution of the grant
agreement, including submission of a complete grant
application to the appropriate regional or district
office of the Federal Aviation Administration;
``(iii) the sponsor notifies the Secretary before
authorizing work to commence on the project;
``(iv) the sponsor has an alternative funding source
available to fund the project; and
``(v) the sponsor's decision to proceed with the
project in advance of execution of the grant agreement
does not affect the priority assigned to the project by
the Secretary for the allocation of discretionary
funds;''.
(b) Inclusion of Measures To Improve Efficiency of Airport Buildings
in Airport Improvement Projects.--Section 47110(b) is amended--
(1) in paragraph (5) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) if the cost is incurred on a measure to improve the
efficiency of an airport building (such as a measure designed
to meet one or more of the criteria for being considered a
high-performance green building as set forth under section
401(13) of the Energy Independence and Security Act of 2007 (42
U.S.C. 17061(13))) and--
``(A) the measure is for a project for airport
development;
``(B) the measure is for an airport building that is
otherwise eligible for construction assistance under
this subchapter; and
``(C) if the measure results in an increase in
initial project costs, the increase is justified by
expected savings over the life cycle of the project.''.
(c) Relocation of Airport-Owned Facilities.--Section 47110(d) is
amended to read as follows:
``(d) Relocation of Airport-Owned Facilities.--The Secretary may
determine that the costs of relocating or replacing an airport-owned
facility are allowable for an airport development project at an airport
only if--
``(1) the Government's share of such costs will be paid with
funds apportioned to the airport sponsor under section
47114(c)(1) or 47114(d);
``(2) the Secretary determines that the relocation or
replacement is required due to a change in the Secretary's
design standards; and
``(3) the Secretary determines that the change is beyond the
control of the airport sponsor.''.
(d) Nonprimary Airports.--Section 47110(h) is amended--
(1) by inserting ``construction'' before ``costs of revenue
producing''; and
(2) by striking ``, including fuel farms and hangars,''.
SEC. 140. VETERANS' PREFERENCE.
Section 47112(c) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B) by striking ``separated
from'' and inserting ``discharged or released from
active duty in''; and
(B) by adding at the end the following:
``(C) `Afghanistan-Iraq war veteran' means an individual who
served on active duty (as defined in section 101 of title 38)
in the Armed Forces in support of Operation Enduring Freedom,
Operation Iraqi Freedom, or Operation New Dawn for more than
180 consecutive days, any part of which occurred after
September 11, 2001, and before the date prescribed by
presidential proclamation or by law as the last day of
Operation Enduring Freedom, Operation Iraqi Freedom, or
Operation New Dawn (whichever is later), and who was discharged
or released from active duty in the armed forces under
honorable conditions.
``(D) `Persian Gulf veteran' means an individual who served
on active duty in the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War for more than
180 consecutive days, any part of which occurred after August
2, 1990, and before the date prescribed by presidential
proclamation or by law, and who was discharged or released from
active duty in the armed forces under honorable conditions.'';
and
(2) in paragraph (2) by striking ``Vietnam-era veterans and
disabled veterans'' and inserting ``Vietnam-era veterans,
Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled
veterans, and small business concerns (as defined in section 3
of the Small Business Act (15 U.S.C. 632)) owned and controlled
by disabled veterans''.
SEC. 141. STANDARDIZING CERTIFICATION OF DISADVANTAGED BUSINESS
ENTERPRISES.
Section 47113 is amended by adding at the end the following:
``(e) Mandatory Training Program.--
``(1) In general.--Not later than one year after the date of
enactment of this subsection, the Secretary shall establish a
mandatory training program for persons described in paragraph
(3) to provide streamlined training on certifying whether a
small business concern qualifies as a small business concern
owned and controlled by socially and economically disadvantaged
individuals under this section and section 47107(e).
``(2) Implementation.--The training program may be
implemented by one or more private entities approved by the
Secretary.
``(3) Participants.--A person referred to in paragraph (1) is
an official or agent of an airport sponsor--
``(A) who is required to provide a written assurance
under this section or section 47107(e) that the airport
owner or operator will meet the percentage goal of
subsection (b) of this section or section 47107(e)(1),
as the case may be; or
``(B) who is responsible for determining whether or
not a small business concern qualifies as a small
business concern owned and controlled by socially and
economically disadvantaged individuals under this
section or section 47107(e).''.
SEC. 142. SPECIAL APPORTIONMENT RULES.
(a) Eligibility To Receive Primary Airport Minimum Apportionment
Amount.--Section 47114(d) is amended by adding at the end the
following:
``(7) Eligibility to receive primary airport minimum
apportionment amount.--Notwithstanding any other provision of
this subsection, the Secretary may apportion to an airport
sponsor in a fiscal year an amount equal to the minimum
apportionment available under subsection (c)(1)(B) if the
Secretary finds that the airport--
``(A) received scheduled or unscheduled air service
from a large certificated air carrier (as defined in
part 241 of title 14, Code of Federal Regulations, or
such other regulations as may be issued by the
Secretary under the authority of section 41709) in the
calendar year used to calculate the apportionment; and
``(B) had more than 10,000 passenger boardings in the
calendar year used to calculate the apportionment.''.
(b) Special Rule for Fiscal Years 2011 and 2012.--Section 47114(c)(1)
is amended--
(1) by striking subparagraphs (F) and (G); and
(2) by inserting after subparagraph (E) the following:
``(F) Special rule for fiscal years 2011 and 2012.--
Notwithstanding subparagraph (A), for an airport that
had more than 10,000 passenger boardings and scheduled
passenger aircraft service in calendar year 2007, but
in either calendar year 2009 or 2010, or in both years,
the number of passenger boardings decreased to a level
below 10,000 boardings per year at such airport, the
Secretary may apportion in each of fiscal years 2011
and 2012 to the sponsor of such airport an amount equal
to the amount apportioned to that sponsor in fiscal
year 2009.''.
SEC. 143. APPORTIONMENTS.
Chapter 471 is amended by striking ``$3,200,000,000'' and inserting
``$3,000,000,000'' in each of the following sections:
(1) 47114(c)(1)(C).
(2) 47114(c)(2)(C).
(3) 47114(d)(3).
(4) 47114(e)(4).
(5) 47117(e)(1)(C).
SEC. 144. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115(j) is amended by striking ``fiscal years 2004 through
2010, and for the portion of fiscal year 2011 ending before April 1,
2011,'' and inserting ``fiscal years 2010 through 2014,''.
SEC. 145. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) Considerations.--Section 47118(c) is amended--
(1) in paragraph (1) by striking ``or'' after the semicolon;
(2) in paragraph (2) by striking ``delays.'' and inserting
``delays; or''; and
(3) by adding at the end the following:
``(3) preserve or enhance minimum airfield infrastructure
facilities at former military airports to support emergency
diversionary operations for transoceanic flights in locations--
``(A) within United States jurisdiction or control;
and
``(B) where there is a demonstrable lack of
diversionary airports within the distance or flight-
time required by regulations governing transoceanic
flights.''.
(b) Designation of General Aviation Airports.--Section 47118(g) is
amended--
(1) in the subsection heading by striking ``Airport'' and
inserting ``Airports''; and
(2) by striking ``one of the airports bearing a designation
under subsection (a) may be a general aviation airport that was
a former military installation'' and inserting ``3 of the
airports bearing designations under subsection (a) may be
general aviation airports that were former military
installations''.
(c) Safety-Critical Airports.--Section 47118 is amended by adding at
the end the following:
``(h) Safety-Critical Airports.--Notwithstanding any other provision
of this chapter, a grant under section 47117(e)(1)(B) may be made for a
federally owned airport designated under subsection (a) if the grant is
for a project that is--
``(1) to preserve or enhance minimum airfield infrastructure
facilities described in subsection (c)(3); and
``(2) necessary to meet the minimum safety and emergency
operational requirements established under part 139 of title
14, Code of Federal Regulations.''.
SEC. 146. CONTRACT TOWER PROGRAM.
(a) Cost-Benefit Requirement.--Section 47124(b) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Contract tower program.--
``(A) Continuation and extension.--The Secretary
shall continue the low activity (Visual Flight Rules)
Level I air traffic control tower contract program
established under subsection (a) for towers existing on
December 30, 1987, and shall extend the program to
other low activity air traffic control towers for which
a qualified entity (as determined by the Secretary), a
State, or a subdivision of the State meeting the
requirements set forth by the Secretary has requested
to participate in the program.
``(B) Special rule.--If the Secretary determines that
a tower already operating under the program continued
under this paragraph has a benefit-to-cost ratio of
less than 1.0, the airport sponsor or State or local
government having jurisdiction over the airport shall
not be required to pay the portion of the costs that
exceeds the benefit for a period of 18 months after
such determination is made.
``(C) Use of excess funds.--If the Secretary finds
that all or part of an amount made available to carry
out the program continued under this paragraph is not
required during a fiscal year, the Secretary may use,
during such fiscal year, the amount not so required to
carry out the program established under paragraph
(3).''; and
(2) by striking ``(2) The Secretary'' and inserting the
following:
``(2) General authority.--The Secretary''.
(b) Costs Exceeding Benefits.--Section 47124(b)(3)(D) is amended--
(1) by striking ``If the costs'' and inserting the following:
``(i) Cost sharing.--If the costs''; and
(2) by adding at the end the following:
``(ii) Maximum local cost share.--The maximum
allowable local cost share allocated under
clause (i) for an airport certified under part
139 of title 14, Code of Federal Regulations,
with fewer than 50,000 annual passenger
enplanements shall be capped at 20 percent of
the cost of operating an air traffic tower
under the program.
``(iii) Sunset.--Clause (ii) shall not be in
effect after September 30, 2014.''.
(c) Funding; Use of Excess Funds.--Section 47124(b)(3) is amended by
striking subparagraph (E) and inserting the following:
``(E) Funding.--Of the amounts appropriated pursuant
to section 106(k)(1), not more than $8,500,000 for each
of fiscal years 2011 through 2014 may be used to carry
out this paragraph.
``(F) Use of excess funds.--If the Secretary finds
that all or part of an amount made available under this
paragraph is not required during a fiscal year, the
Secretary may use, during such fiscal year, the amount
not so required to carry out the program continued
under paragraph (1).''.
(d) Federal Share.--Section 47124(b)(4)(C) is amended by striking
``$1,500,000'' and inserting ``$2,000,000''.
(e) Safety Audits.--Section 47124 is amended by adding at the end the
following:
``(c) Safety Audits.--The Secretary shall establish uniform standards
and requirements for regular safety assessments of air traffic control
towers that receive funding under this section.''.
SEC. 147. RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES.
(a) In General.--Section 47129 is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 47129. Resolution of disputes concerning airport fees'';
(2) by inserting ``and Foreign Air Carrier'' after
``Carrier'' in the heading for subsection (d);
(3) by inserting ``and foreign air carrier'' after
``carrier'' in the heading for subsection (d)(2);
(4) by striking ``air carrier'' each place it appears and
inserting ``air carrier or foreign air carrier'';
(5) by striking ``air carrier's'' each place it appears and
inserting ``air carrier's or foreign air carrier's'';
(6) by striking ``air carriers'' and inserting ``air carriers
or foreign air carriers''; and
(7) by striking ``(as defined in section 40102 of this
title)'' in subsection (a) and inserting ``(as those terms are
defined in section 40102)''.
(b) Conforming Amendment.--The analysis for chapter 471 is amended by
striking the item relating to section 47129 and inserting the
following:
``47129. Resolution of disputes concerning airport fees.''.
SEC. 148. SALE OF PRIVATE AIRPORTS TO PUBLIC SPONSORS.
(a) In General.--Section 47133(b) is amended--
(1) by striking ``Subsection (a) shall not apply if'' and
inserting the following:
``(1) Prior laws and agreements.--Subsection (a) shall not
apply if''; and
(2) by adding at the end the following:
``(2) Sale of private airport to public sponsor.--In the case
of a privately owned airport, subsection (a) shall not apply to
the proceeds from the sale of the airport to a public sponsor
if--
``(A) the sale is approved by the Secretary;
``(B) funding is provided under this subchapter for
any portion of the public sponsor's acquisition of
airport land; and
``(C) an amount equal to the remaining unamortized
portion of any airport improvement grant made to that
airport for purposes other than land acquisition,
amortized over a 20-year period, plus an amount equal
to the Federal share of the current fair market value
of any land acquired with an airport improvement grant
made to that airport on or after October 1, 1996, is
repaid to the Secretary by the private owner.
``(3) Treatment of repayments.--Repayments referred to in
paragraph (2)(C) shall be treated as a recovery of prior year
obligations.''.
(b) Applicability to Grants.--The amendments made by subsection (a)
shall apply to grants issued on or after October 1, 1996.
SEC. 149. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN WASHINGTON
AIRPORTS AUTHORITY.
Section 49108, and the item relating to section 49108 in the analysis
for chapter 491, are repealed.
SEC. 150. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation Reauthorization
Act (117 Stat. 2518) is amended by striking ``October 1, 2010, and for
the portion of fiscal year 2011 ending before April 1, 2011,'' and
inserting ``October 1, 2014,''.
SEC. 151. MISCELLANEOUS AMENDMENTS.
(a) Technical Changes to National Plan of Integrated Airport
Systems.--Section 47103 is amended--
(1) in subsection (a)--
(A) by striking ``each airport to--'' and inserting
``the airport system
to--'';
(B) in paragraph (1) by striking ``system in the
particular area;'' and inserting ``system, including
connection to the surface transportation network;
and'';
(C) in paragraph (2) by striking ``; and'' and
inserting a period; and
(D) by striking paragraph (3);
(2) in subsection (b)--
(A) in paragraph (1) by striking the semicolon and
inserting ``; and'';
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as so redesignated) by striking
``, Short Takeoff and Landing/Very Short Takeoff and
Landing aircraft operations,''; and
(3) in subsection (d) by striking ``status of the''.
(b) Consolidation of Terminal Development Provisions.--Section 47119
is amended--
(1) by redesignating subsections (a), (b), (c), and (d) as
subsections (b), (c), (d), and (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Terminal Development Projects.--
``(1) In general.--The Secretary of Transportation may
approve a project for terminal development (including
multimodal terminal development) in a nonrevenue-producing
public-use area of a commercial service airport--
``(A) if the sponsor certifies that the airport, on
the date the grant application is submitted to the
Secretary, has--
``(i) all the safety equipment required for
certification of the airport under section
44706;
``(ii) all the security equipment required by
regulation; and
``(iii) provided for access by passengers to
the area of the airport for boarding or exiting
aircraft that are not air carrier aircraft;
``(B) if the cost is directly related to moving
passengers and baggage in air commerce within the
airport, including vehicles for moving passengers
between terminal facilities and between terminal
facilities and aircraft; and
``(C) under terms necessary to protect the interests
of the Government.
``(2) Project in revenue-producing areas and nonrevenue-
producing parking lots.--In making a decision under paragraph
(1), the Secretary may approve as allowable costs the expenses
of terminal development in a revenue-producing area and
construction, reconstruction, repair, and improvement in a
nonrevenue-producing parking lot if--
``(A) except as provided in section 47108(e)(3), the
airport does not have more than .05 percent of the
total annual passenger boardings in the United States;
and
``(B) the sponsor certifies that any needed airport
development project affecting safety, security, or
capacity will not be deferred because of the
Secretary's approval.'';
(3) in subsection (b)(4)(B) (as redesignated by paragraph (1)
of this subsection) by striking ``Secretary of Transportation''
and inserting ``Secretary'';
(4) in subsections (b)(3) and (b)(4)(A) (as redesignated by
paragraph (1) of this subsection) by striking ``section
47110(d)'' and inserting ``subsection (a)'';
(5) in subsection (b)(5) (as redesignated by paragraph (1) of
this subsection) by striking ``subsection (b)(1) and (2)'' and
inserting ``subsections (c)(1) and (c)(2)'';
(6) in subsections (c)(2)(A), (c)(3), and (c)(4) (as
redesignated by paragraph (1) of this subsection) by striking
``section 47110(d) of this title'' and inserting ``subsection
(a)'';
(7) in subsection (c)(2)(B) (as redesignated by paragraph (1)
of this subsection) by striking ``section 47110(d)'' and
inserting ``subsection (a)'';
(8) in subsection (c)(5) (as redesignated by paragraph (1) of
this subsection) by striking ``section 47110(d)'' and inserting
``subsection (a)''; and
(9) by adding at the end the following:
``(f) Limitation on Discretionary Funds.--The Secretary may
distribute not more than $20,000,000 from the discretionary fund
established under section 47115 for terminal development projects at a
nonhub airport or a small hub airport that is eligible to receive
discretionary funds under section 47108(e)(3).''.
(c) Annual Report.--Section 47131(a) is amended--
(1) by striking ``April 1'' and inserting ``June 1''; and
(2) by striking paragraphs (1), (2), (3), and (4) and
inserting the following:
``(1) a summary of airport development and planning
completed;
``(2) a summary of individual grants issued;
``(3) an accounting of discretionary and apportioned funds
allocated;
``(4) the allocation of appropriations; and''.
(d) Correction to Emission Credits Provision.--Section 47139 is
amended--
(1) in subsection (a) by striking ``47102(3)(F),''; and
(2) in subsection (b)--
(A) by striking ``47102(3)(F),''; and
(B) by striking ``47103(3)(F),''.
(e) Conforming Amendment to Civil Penalty Assessment Authority.--
Section 46301(d)(2) is amended by inserting ``46319,'' after
``46318,''.
(f) Other Conforming Amendments.--
(1) Section 40117(a)(3)(B) is amended by striking ``section
47110(d)'' and inserting ``section 47119(a)''.
(2) Section 47108(e)(3) is amended--
(A) by striking ``section 47110(d)(2)'' and inserting
``section 47119(a)''; and
(B) by striking ``section 47110(d)'' and inserting
``section 47119(a)''.
(g) Correction to Surplus Property Authority.--Section 47151(e) is
amended by striking ``(other than real property'' and all that follows
through ``(10 U.S.C. 2687 note))''.
(h) Definitions.--
(1) Congested airport.--Section 47175(2) is amended by
striking ``2001'' and inserting ``2004 or any successor
report''.
(2) Joint use airport.--Section 47175 is amended by adding at
the end the following:
``(7) Joint use airport.--The term `joint use airport' means
an airport owned by the Department of Defense, at which both
military and civilian aircraft make shared use of the
airfield.''.
SEC. 152. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING
AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.
Section 47141(f) is amended by striking ``March 31, 2011'' and
inserting ``September 30, 2014''.
SEC. 153. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD WEATHER
STATES.
The Administrator of the Federal Aviation Administration, to the
extent practicable, shall schedule the Administrator's review of
construction projects so that projects to be carried out in States in
which the weather during a typical calendar year prevents major
construction projects from being carried out before May 1 are reviewed
as early as possible.
SEC. 154. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall begin a study to
evaluate the formulation of the national plan of integrated airport
systems (in this section referred to as the ``plan'') under section
47103 of title 49, United States Code.
(b) Contents of Study.--The study shall include a review of the
following:
(1) The criteria used for including airports in the plan and
the application of such criteria in the most recently published
version of the plan.
(2) The changes in airport capital needs as shown in the
2005-2009 and 2007-2011 plans, compared with the amounts
apportioned or otherwise made available to individual airports
between 2005 and 2010.
(3) A comparison of the amounts received by airports under
the airport improvement program in airport apportionments,
State apportionments, and discretionary grants during such
fiscal years with capital needs as reported in the plan.
(4) The effect of transfers of airport apportionments under
title 49, United States Code.
(5) An analysis on the feasibility and advisability of
apportioning amounts under section 47114(c)(1) of title 49,
United States Code, to the sponsor of each primary airport for
each fiscal year an amount that bears the same ratio to the
amount subject to the apportionment for fiscal year 2009 as the
number of passenger boardings at the airport during the prior
calendar year bears to the aggregate of all passenger boardings
at all primary airports during that calendar year.
(6) A documentation and review of the methods used by
airports to reach the 10,000 passenger enplanement threshold,
including whether such airports subsidize commercial flights to
reach such threshold, at every airport in the United States
that reported between 10,000 and 15,000 passenger enplanements
during each of the 2 most recent calendar years for which such
data is available.
(7) Any other matters pertaining to the plan that the
Secretary determines appropriate.
(c) Report to Congress.--
(1) Submission.--Not later than 36 months after the date that
the Secretary begins the study under this section, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study.
(2) Contents.--The report shall include--
(A) the findings of the Secretary on each of the
issues described in subsection (b);
(B) recommendations for any changes to policies and
procedures for formulating the plan; and
(C) recommendations for any changes to the methods of
determining the amounts to be apportioned or otherwise
made available to individual airports.
SEC. 155. TRANSFERS OF TERMINAL AREA AIR NAVIGATION EQUIPMENT TO
AIRPORT SPONSORS.
(a) In General.--Chapter 445 is amended by adding at the end the
following:
``Sec. 44518. Transfers of terminal area air navigation equipment to
airport sponsors
``(a) In General.--Subject to the requirements of this section, the
Administrator of the Federal Aviation Administrator may carry out a
pilot program under which the Administrator may transfer ownership,
operating, and maintenance responsibilities for terminal area air
navigation equipment at an airport to the airport sponsor.
``(b) Participation.--The Administrator may select the sponsors of
not more than 3 nonhub airports, 3 small hub airports, 3 medium hub
airports, and 1 large hub airport to participate in the pilot program.
``(c) Terms and Conditions of Transfer for Airport Sponsors.--As a
condition of participating in the pilot program, the airport sponsor
shall provide assurances satisfactory to the Administrator that the
sponsor will--
``(1) operate and maintain the terminal area air navigation
equipment transferred to the sponsor under this section in
accordance with standards to be established by the
Administrator;
``(2) permit the Administrator (or a person designated by the
Administrator) to conduct inspections of such terminal area air
navigation equipment under a schedule established by the
Administrator; and
``(3) acquire and maintain new terminal area air navigation
equipment at the airport as needed to replace equipment at the
end of its useful life or to meet new standards established by
the Administrator.
``(d) Terms and Conditions of Transfer for Administrator.--When the
Administrator approves an airport sponsor's participation in the pilot
program, the Administrator shall transfer, at no cost to the sponsor,
all rights, title, and interests of the United States in and to the
terminal area air navigation equipment to be transferred to the sponsor
under the program, including the real property on which the equipment
is located.
``(e) Treatment of Airport Costs.--Any costs incurred by an airport
sponsor for ownership and maintenance of terminal area air navigation
equipment transferred under this section shall be considered a cost of
providing airfield facilities and services under standards and
guidelines issued by the Secretary of Transportation under section
47129(b)(2) and may be recovered in rates and charges assessed for use
of the airport's airfield.
``(f) Definitions.--In this section, the following definitions apply:
``(1) Sponsor.--The term `sponsor' has the meaning given that
term in section 47102.
``(2) Terminal area air navigation equipment.--The term
`terminal area air navigation equipment' means an air
navigation facility as defined in section 40102 that exists to
provide approach and landing guidance to aircraft, but does not
include buildings used for air traffic control functions.
``(g) Guidelines.--The Administrator shall issue guidelines on the
implementation of the program.''.
(b) Clerical Amendment.--The analysis for chapter 445 is amended by
adding at the end the following:
``44518. Transfers of terminal area air navigation equipment to airport
sponsors.''.
SEC. 156. AIRPORT PRIVATIZATION PROGRAM.
(a) Approval of Applications.--Section 47134(b) is amended--
(1) in the matter preceding paragraph (1) by striking ``5
airports'' and inserting ``10 airports''; and
(2) paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Secretary may grant an
exemption to an airport sponsor from the requirements
of sections 47107(b) and 47133 (and any other law,
regulation, or grant assurance) to the extent necessary
to permit the sponsor to recover from the sale or lease
of the airport such amount as may be approved by the
Secretary after the sponsor has consulted--
``(i) in the case of a primary airport, with
each air carrier and foreign air carrier
serving the airport, as determined by the
Secretary; and
``(ii) in the case of a nonprimary airport,
with at least 65 percent of the owners of
aircraft based at that airport, as determined
by the Secretary.''; and
(B) by striking subparagraph (C).
(b) Terms and Conditions.--Section 47134(c) is amended--
(1) by striking paragraphs (4), (5), and (9);
(2) by redesignating paragraphs (6), (7), and (8) as
paragraphs (4), (5), and (6), respectively; and
(3) by adding at the end the following:
``(7) A fee imposed by the airport on an air carrier or
foreign air carrier may not include any portion for a return on
investment or recovery of principal with respect to
consideration paid to a public agency for the lease or sale of
the airport unless that portion of the fee is approved by the
air carrier or foreign air carrier.''.
(c) Participation of Certain Airports.--Section 47134 is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as
subsections (d) through (l), respectively.
(d) Applicability.--The amendments made by this section shall apply
with respect to an exemption issued to an airport under section 47134
of title 49, United States Code, before, on, or after the date of
enactment of this Act.
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
SEC. 201. DEFINITIONS.
In this title, the following definitions apply:
(1) Nextgen.--The term ``NextGen'' means the Next Generation
Air Transportation System.
(2) ADS-B.--The term ``ADS-B'' means automatic dependent
surveillance-broadcast.
(3) ADS-B Out.--The term ``ADS-B Out'' means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft.
(4) ADS-B In.--The term ``ADS-B In'' means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft as well as the ability of the aircraft to
receive information from other transmitting aircraft and the
ground infrastructure.
(5) RNAV.--The term ``RNAV'' means area navigation.
(6) RNP.--The term ``RNP'' means required navigation
performance.
SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS.
In allocating amounts appropriated pursuant to section 48101(a) of
title 49, United States Code, the Secretary of Transportation shall
give priority to the following NextGen activities:
(1) NextGen demonstrations and infrastructure.
(2) NextGen trajectory-based operations.
(3) NextGen reduced weather impact.
(4) NextGen high-density arrivals/departures.
(5) NextGen collaborative air traffic management.
(6) NextGen flexible terminals and airports.
(7) NextGen safety, security, and environmental reviews.
(8) NextGen networked facilities.
(9) The Center for Advanced Aviation System Development.
(10) NextGen system development.
(11) Data communications system implementation.
(12) ADS-B infrastructure deployment and operational
implementation.
(13) Systemwide information management.
(14) NextGen facility consolidation and realignment.
(15) En route automation modernization.
(16) National airspace system voice switch.
(17) NextGen network enabled weather.
SEC. 203. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE
AGREEMENTS.
Section 106(m) is amended in the last sentence by inserting ``with
or'' before ``without reimbursement''.
SEC. 204. CHIEF NEXTGEN OFFICER.
Section 106 is amended by adding at the end the following:
``(s) Chief NextGen Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief NextGen
Officer appointed by the Administrator. The Chief
NextGen Officer shall report directly to the
Administrator and shall be subject to the authority of
the Administrator.
``(B) Qualifications.--The Chief NextGen Officer
shall have a demonstrated ability in management and
knowledge of or experience in aviation and systems
engineering.
``(C) Term.--The Chief NextGen Officer shall be
appointed for a term of 5 years.
``(D) Removal.--The Chief NextGen Officer shall serve
at the pleasure of the Administrator, except that the
Administrator shall make every effort to ensure
stability and continuity in the leadership of the
implementation of NextGen.
``(E) Vacancy.--Any individual appointed to fill a
vacancy in the position of Chief NextGen Officer
occurring before the expiration of the term for which
the individual's predecessor was appointed shall be
appointed for the remainder of that term.
``(2) Compensation.--
``(A) In general.--The Chief NextGen Officer shall be
paid at an annual rate of basic pay to be determined by
the Administrator. The annual rate may not exceed the
annual compensation paid under section 102 of title 3.
The Chief NextGen Officer shall be subject to the
postemployment provisions of section 207 of title 18 as
if the position of Chief NextGen Officer were described
in section 207(c)(2)(A)(i) of that title.
``(B) Bonus.--In addition to the annual rate of basic
pay authorized by subparagraph (A), the Chief NextGen
Officer may receive a bonus for any calendar year not
to exceed 30 percent of the annual rate of basic pay,
based upon the Administrator's evaluation of the Chief
NextGen Officer's performance in relation to the
performance goals set forth in the performance
agreement described in paragraph (3).
``(3) Annual performance agreement.--The Administrator and
the Chief NextGen Officer, in consultation with the Federal
Aviation Management Advisory Council, shall enter into an
annual performance agreement that sets forth measurable
organization and individual goals for the Chief NextGen Officer
in key operational areas. The agreement shall be subject to
review and renegotiation on an annual basis.
``(4) Annual performance report.--The Chief NextGen Officer
shall prepare and transmit to the Secretary of Transportation,
the Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Science and Technology of
the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate an annual management
report containing such information as may be prescribed by the
Secretary.
``(5) Responsibilities.--The responsibilities of the Chief
NextGen Officer include the following:
``(A) Implementing NextGen activities and budgets
across all program offices of the Federal Aviation
Administration.
``(B) Coordinating the implementation of NextGen
activities with the Office of Management and Budget.
``(C) Reviewing and providing advice on the
Administration's modernization programs, budget, and
cost accounting system with respect to NextGen.
``(D) With respect to the budget of the
Administration--
``(i) developing a budget request of the
Administration related to the implementation of
NextGen;
``(ii) submitting such budget request to the
Administrator; and
``(iii) ensuring that the budget request
supports the annual and long-range strategic
plans of the Administration with respect to
NextGen.
``(E) Consulting with the Administrator on the
Capital Investment Plan of the Administration prior to
its submission to Congress.
``(F) Developing an annual NextGen implementation
plan.
``(G) Ensuring that NextGen implementation activities
are planned in such a manner as to require that system
architecture is designed to allow for the incorporation
of novel and currently unknown technologies into
NextGen in the future and that current decisions do not
bias future decisions unfairly in favor of existing
technology at the expense of innovation.
``(H) Coordinating with the NextGen Joint Planning
and Development Office with respect to facilitating
cooperation among all Federal agencies whose operations
and interests are affected by the implementation of
NextGen.
``(6) Exception.--If the Administrator appoints as the Chief
NextGen Officer, pursuant to paragraph (1)(A), an Executive
Schedule employee covered by section 5315 of title 5, then
paragraphs (1)(B), (1)(C), (2), and (3) of this subsection
shall not apply to such employee.
``(7) Nextgen defined.--For purposes of this subsection, the
term `NextGen' means the Next Generation Air Transportation
System.''.
SEC. 205. DEFINITION OF AIR NAVIGATION FACILITY.
Section 40102(a)(4) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
(2) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) runway lighting and airport surface visual and
other navigation aids;
``(C) apparatus, equipment, software, or service for
distributing aeronautical and meteorological
information to air traffic control facilities or
aircraft;
``(D) communication, navigation, or surveillance
equipment for air-to-ground or air-to-air
applications;'';
(3) in subparagraph (E) (as redesignated by paragraph (1) of
this section)--
(A) by striking ``another structure'' and inserting
``any structure, equipment,''; and
(B) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(F) buildings, equipment, and systems dedicated to
the national airspace system.''.
SEC. 206. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.
Section 40110(c) is amended--
(1) by inserting ``and'' after the semicolon in paragraph
(3);
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 207. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.
Section 40113(e) is amended--
(1) in paragraph (1)--
(A) by inserting ``(whether public or private)''
after ``authorities''; and
(B) by striking ``safety.'' and inserting ``safety or
efficiency. The Administrator is authorized to
participate in, and submit offers in response to,
competitions to provide these services, and to contract
with foreign aviation authorities to provide these
services consistent with section 106(l)(6).'';
(2) in paragraph (2) by adding at the end the following:
``The Administrator is authorized, notwithstanding any other
provision of law or policy, to accept payments for services
provided under this subsection in arrears.''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Crediting appropriations.--Funds received by the
Administrator pursuant to this section shall--
``(A) be credited to the appropriation current when
the amount is received;
``(B) be merged with and available for the purposes
of such appropriation; and
``(C) remain available until expended.''.
SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING AND
DEVELOPMENT OFFICE.
(a) Redesignation of JPDO Director to Associate Administrator.--
(1) Associate administrator for next generation air
transportation system planning, development, and interagency
coordination.--Section 709(a) of the Vision 100--Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat.
2582) is amended--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) The head of the Office shall be the Associate Administrator for
Next Generation Air Transportation System Planning, Development, and
Interagency Coordination, who shall be appointed by the Administrator
of the Federal Aviation Administration. The Administrator shall appoint
the Associate Administrator after consulting with the Chairman of the
Next Generation Senior Policy Committee and providing advanced notice
to the other members of that Committee.''.
(2) Responsibilities.--Section 709(a)(3) of such Act (as
redesignated by paragraph (1) of this subsection) is amended--
(A) in subparagraph (G) by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (H) by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(I) establishing specific quantitative goals for
the safety, capacity, efficiency, performance, and
environmental impacts of each phase of Next Generation
Air Transportation System planning and development
activities and measuring actual operational experience
against those goals, taking into account noise
pollution reduction concerns of affected communities to
the extent practicable in establishing the
environmental goals;
``(J) working to ensure global interoperability of
the Next Generation Air Transportation System;
``(K) working to ensure the use of weather
information and space weather information in the Next
Generation Air Transportation System as soon as
possible;
``(L) overseeing, with the Administrator and in
consultation with the Chief NextGen Officer, the
selection of products or outcomes of research and
development activities that should be moved to a
demonstration phase; and
``(M) maintaining a baseline modeling and simulation
environment for testing and evaluating alternative
concepts to satisfy Next Generation Air Transportation
System enterprise architecture requirements.''.
(3) Cooperation with other federal agencies.--Section
709(a)(4) of such Act (as redesignated by paragraph (1) of this
subsection) is amended--
(A) by striking ``(4)'' and inserting ``(4)(A)''; and
(B) by adding at the end the following:
``(B) The Secretary of Defense, the Administrator of the National
Aeronautics and Space Administration, the Secretary of Commerce, the
Secretary of Homeland Security, and the head of any other Federal
agency from which the Secretary of Transportation requests assistance
under subparagraph (A) shall designate a senior official in the agency
to be responsible for--
``(i) carrying out the activities of the agency relating to
the Next Generation Air Transportation System in coordination
with the Office, including the execution of all aspects of the
work of the agency in developing and implementing the
integrated work plan described in subsection (b)(5);
``(ii) serving as a liaison for the agency in activities of
the agency relating to the Next Generation Air Transportation
System and coordinating with other Federal agencies involved in
activities relating to the System; and
``(iii) ensuring that the agency meets its obligations as set
forth in any memorandum of understanding executed by or on
behalf of the agency relating to the Next Generation Air
Transportation System.
``(C) The head of a Federal agency referred to in subparagraph (B)
shall--
``(i) ensure that the responsibilities of the agency relating
to the Next Generation Air Transportation System are clearly
communicated to the senior official of the agency designated
under subparagraph (B);
``(ii) ensure that the performance of the senior official in
carrying out the responsibilities of the agency relating to the
Next Generation Air Transportation System is reflected in the
official's annual performance evaluations and compensation;
``(iii) establish or designate an office within the agency to
carry out its responsibilities under the memorandum of
understanding under the supervision of the designated official;
and
``(iv) ensure that the designated official has sufficient
budgetary authority and staff resources to carry out the
agency's Next Generation Air Transportation System
responsibilities as set forth in the integrated plan under
subsection (b).
``(D) Not later than 6 months after the date of enactment of this
subparagraph, the head of each Federal agency that has responsibility
for carrying out any activity under the integrated plan under
subsection (b) shall execute a memorandum of understanding with the
Office obligating that agency to carry out the activity.''.
(4) Coordination with omb.--Section 709(a) of such Act (117
Stat. 2582) is further amended by adding at the end the
following:
``(6)(A) The Office shall work with the Director of the Office of
Management and Budget to develop a process whereby the Director will
identify projects related to the Next Generation Air Transportation
System across the agencies referred to in paragraph (4)(A) and consider
the Next Generation Air Transportation System as a unified, cross-
agency program.
``(B) The Director of the Office of Management and Budget, to the
extent practicable, shall--
``(i) ensure that--
``(I) each Federal agency covered by the plan has
sufficient funds requested in the President's budget,
as submitted under section 1105(a) of title 31, United
States Code, for each fiscal year covered by the plan
to carry out its responsibilities under the plan; and
``(II) the development and implementation of the Next
Generation Air Transportation System remains on
schedule;
``(ii) include, in the President's budget, a statement of the
portion of the estimated budget of each Federal agency covered
by the plan that relates to the activities of the agency under
the Next Generation Air Transportation System; and
``(iii) identify and justify as part of the President's
budget submission any inconsistencies between the plan and
amounts requested in the budget.
``(7) The Associate Administrator of the Next Generation Air
Transportation System Planning, Development, and Interagency
Coordination shall be a voting member of the Joint Resources Council of
the Federal Aviation Administration.''.
(b) Integrated Plan.--Section 709(b) of such Act (117 Stat. 2583) is
amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``meets air'' and inserting ``meets
anticipated future air''; and
(B) by striking ``beyond those currently included in
the Federal Aviation Administration's operational
evolution plan'';
(2) at the end of paragraph (3) by striking ``and'';
(3) at the end of paragraph (4) by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) a multiagency integrated work plan for the Next
Generation Air Transportation System that includes--
``(A) an outline of the activities required to
achieve the end-state architecture, as expressed in the
concept of operations and enterprise architecture
documents, that identifies each Federal agency or other
entity responsible for each activity in the outline;
``(B) details on a year-by-year basis of specific
accomplishments, activities, research requirements,
rulemakings, policy decisions, and other milestones of
progress for each Federal agency or entity conducting
activities relating to the Next Generation Air
Transportation System;
``(C) for each element of the Next Generation Air
Transportation System, an outline, on a year-by-year
basis, of what is to be accomplished in that year
toward meeting the Next Generation Air Transportation
System's end-state architecture, as expressed in the
concept of operations and enterprise architecture
documents, as well as identifying each Federal agency
or other entity that will be responsible for each
component of any research, development, or
implementation program;
``(D) an estimate of all necessary expenditures on a
year-by-year basis, including a statement of each
Federal agency or entity's responsibility for costs and
available resources, for each stage of development from
the basic research stage through the demonstration and
implementation phase;
``(E) a clear explanation of how each step in the
development of the Next Generation Air Transportation
System will lead to the following step and of the
implications of not successfully completing a step in
the time period described in the integrated work plan;
``(F) a transition plan for the implementation of the
Next Generation Air Transportation System that includes
date-specific milestones for the implementation of new
capabilities into the national airspace system;
``(G) date-specific timetables for meeting the
environmental goals identified in subsection (a)(3)(I);
and
``(H) a description of potentially significant
operational or workforce changes resulting from
deployment of the Next Generation Air Transportation
System.''.
(c) NextGen Implementation Plan.--Section 709(d) of such Act (117
Stat. 2584) is amended to read as follows:
``(d) NextGen Implementation Plan.--The Administrator shall develop
and publish annually the document known as the NextGen Implementation
Plan, or any successor document, that provides a detailed description
of how the agency is implementing the Next Generation Air
Transportation System.''.
(d) Contingency Planning.--The Associate Administrator for the Next
Generation Air Transportation System Planning, Development, and
Interagency Coordination shall, as part of the design of the System,
develop contingency plans for dealing with the degradation of the
System in the event of a natural disaster, major equipment failure, or
act of terrorism.
SEC. 209. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.
(a) Meetings.--Section 710(a) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2584) is amended
by inserting before the period at the end the following ``and shall
meet at least twice each year''.
(b) Annual Report.--Section 710 of such Act (117 Stat. 2584) is
amended by adding at the end the following:
``(e) Annual Report.--
``(1) Submission to congress.--Not later than one year after
the date of enactment of this subsection, and annually
thereafter on the date of submission of the President's budget
request to Congress under section 1105(a) of title 31, United
States Code, the Secretary shall submit to Congress a report
summarizing the progress made in carrying out the integrated
work plan required by section 709(b)(5) and any changes in that
plan.
``(2) Contents.--The report shall include--
``(A) a copy of the updated integrated work plan;
``(B) a description of the progress made in carrying
out the integrated work plan and any changes in that
plan, including any changes based on funding shortfalls
and limitations set by the Office of Management and
Budget;
``(C) a detailed description of--
``(i) the success or failure of each item of
the integrated work plan for the previous year
and relevant information as to why any
milestone was not met; and
``(ii) the impact of not meeting the
milestone and what actions will be taken in the
future to account for the failure to complete
the milestone;
``(D) an explanation of any change to future years in
the integrated work plan and the reasons for such
change; and
``(E) an identification of the levels of funding for
each agency participating in the integrated work plan
devoted to programs and activities under the plan for
the previous fiscal year and in the President's budget
request.''.
SEC. 210. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.
Section 40110(a) is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) may construct and improve laboratories and other test
facilities; and
``(3) may dispose of any interest in property for adequate
compensation, and the amount so received shall--
``(A) be credited to the appropriation current when
the amount is received;
``(B) be merged with and available for the purposes
of such appropriation; and
``(C) remain available until expended.''.
SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.
(a) Review by DOT Inspector General.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct a review concerning the Federal
Aviation Administration's award and oversight of any contracts
entered into by the Administration to provide ADS-B services
for the national airspace system.
(2) Contents.--The review shall include, at a minimum--
(A) an examination of how the Administration manages
program risks;
(B) an assessment of expected benefits attributable
to the deployment of ADS-B services, including the
Administration's plans for implementation of advanced
operational procedures and air-to-air applications, as
well as the extent to which ground radar will be
retained;
(C) an assessment of the Administration's analysis of
specific operational benefits, and benefit/costs
analyses of planned operational benefits conducted by
the Administration, for ADS-B In and ADS-B Out avionics
equipage for airspace users;
(C) a determination of whether the Administration has
established sufficient mechanisms to ensure that all
design, acquisition, operation, and maintenance
requirements have been met by the contractor;
(D) an assessment of whether the Administration and
any contractors are meeting cost, schedule, and
performance milestones, as measured against the
original baseline of the Administration's program for
providing ADS-B services;
(E) an assessment of how security issues are being
addressed in the overall design and implementation of
the ADS-B system; and
(F) any other matters or aspects relating to contract
implementation and oversight that the Inspector General
determines merit attention.
(3) Reports to congress.--The Inspector General shall submit,
periodically (and on at least an annual basis), to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
review conducted under this subsection.
(b) Rulemakings.--
(1) ADS-B In.--Not later than one year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking proceeding
to issue guidelines and regulations relating to ADS-B In
technology that--
(A) identify the ADS-B In technology that will be
required under NextGen;
(B) subject to paragraph (2), require all aircraft
operating in capacity constrained airspace, at capacity
constrained airports, or in any other airspace deemed
appropriate by the Administrator to be equipped with
ADS-B In technology by 2020; and
(C) identify--
(i) the type of avionics required of aircraft
for all classes of airspace;
(ii) the expected costs associated with the
avionics; and
(iii) the expected uses and benefits of the
avionics.
(2) Readiness verification.--Before the date on which all
aircraft are required to be equipped with ADS-B In technology
pursuant to rulemakings conducted under paragraph (1), the
Chief NextGen Officer shall verify that--
(A) the necessary ground infrastructure is installed
and functioning properly;
(B) certification standards have been approved; and
(C) appropriate operational platforms interface
safely and efficiently.
(c) Use of ADS-B Technology.--
(1) Plans.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall develop, in
consultation with appropriate employee and industry groups, a
plan for the use of ADS-B technology for surveillance and
active air traffic control.
(2) Contents.--The plan shall--
(A) include provisions to test the use of ADS-B
technology for surveillance and active air traffic
control in specific regions of the United States with
the most congested airspace;
(B) identify the equipment required at air traffic
control facilities and the training required for air
traffic controllers;
(C) identify procedures, to be developed in
consultation with appropriate employee and industry
groups, to conduct air traffic management in mixed
equipage environments; and
(D) establish a policy in test regions referred to in
subparagraph (A), in consultation with appropriate
employee and industry groups, to provide incentives for
equipage with ADS-B technology, including giving
priority to aircraft equipped with such technology
before the 2020 equipage deadline.
SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXTGEN.
(a) Review.--The Administrator of the Federal Aviation Administration
shall enter into an arrangement with the National Research Council to
review the enterprise architecture for the NextGen.
(b) Contents.--At a minimum, the review to be conducted under
subsection (a) shall--
(1) highlight the technical activities, including human-
system design, organizational design, and other safety and
human factor aspects of the system, that will be necessary to
successfully transition current and planned modernization
programs to the future system envisioned by the Joint Planning
and Development Office of the Administration;
(2) assess technical, cost, and schedule risk for the
software development that will be necessary to achieve the
expected benefits from a highly automated air traffic
management system and the implications for ongoing
modernization projects; and
(3) determine how risks with automation efforts for the
NextGen can be mitigated based on the experiences of other
public or private entities in developing complex, software-
intensive systems.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the results of the review conducted pursuant to
subsection (a).
SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES.
(a) Airport Procedures.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall publish a report, after
consultation with representatives of appropriate Administration
employee groups, airport operators, air carriers, general
aviation representatives, flight path service providers, and
aircraft manufacturers that includes the following:
(A) RNP/RNAV operations.--The required navigation
performance and area navigation operations, including
the procedures to be developed, certified, and
published and the air traffic control operational
changes, to maximize the efficiency and capacity of
NextGen commercial operations at the 35 operational
evolution partnership airports identified by the
Administration.
(B) Coordination and implementation activities.--A
description of the activities and operational changes
and approvals required to coordinate and utilize those
procedures at those airports.
(C) Implementation plan.--A plan for implementing
those procedures that establishes--
(i) clearly defined budget, schedule, project
organization, and leadership requirements;
(ii) specific implementation and transition
steps; and
(iii) baseline and performance metrics for--
(I) measuring the Administration's
progress in implementing the plan,
including the percentage utilization of
required navigation performance in the
national airspace system; and
(II) achieving measurable fuel burn
and carbon dioxide emissions reductions
compared to current performance; and
(iv) expedited environmental review
procedures for timely environmental approval of
area navigation and required navigation
performance that offer significant efficiency
improvements as determined by baseline and
performance metrics under clause (iii).
(D) Additional procedures.--A process for the
identification, certification, and publication of
additional required navigation performance and area
navigation procedures that may be required at such
airports in the future.
(2) Implementation schedule.--The Administrator shall
certify, publish, and implement--
(A) 30 percent of the required procedures not later
than 18 months after the date of enactment of this Act;
(B) 60 percent of the procedures not later than 36
months after the date of enactment of this Act; and
(C) 100 percent of the procedures before June 30,
2015.
(b) Establishment of Priorities.--The Administrator shall extend the
charter of the Performance Based Navigation Aviation Rulemaking
Committee as necessary to establish priorities for the development,
certification, publication, and implementation of the navigation
performance and area navigation procedures based on their potential
safety and efficiency benefits to other airports in the national
airspace system, including small and medium hub airports.
(c) Coordinated and Expedited Review.--Navigation performance and
area navigation procedures developed, certified, published, and
implemented under this section shall be presumed to be covered by a
categorical exclusion (as defined in section 1508.4 of title 40, Code
of Federal Regulations) under chapter 3 of FAA Order 1050.1E unless the
Administrator determines that extraordinary circumstances exist with
respect to the procedure.
(d) Deployment Plan for Nationwide Data Communications System.--Not
later than one year after the date of enactment of this Act, the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a plan for
implementation of a nationwide data communications system. The plan
shall include--
(1) clearly defined budget, schedule, project organization,
and leadership requirements;
(2) specific implementation and transition steps; and
(3) baseline and performance metrics for measuring the
Administration's progress in implementing the plan.
(e) Improved Performance Standards.--
(1) Assessment of work being performed under nextgen
implementation plan.--The Administrator shall clearly outline
in the NextGen Implementation Plan document of the
Administration the work being performed under the plan to
determine--
(A) whether utilization of ADS-B, RNP, and other
technologies as part of NextGen implementation will
display the position of aircraft more accurately and
frequently so as to enable a more efficient use of
existing airspace and result in reduced consumption of
aviation fuel and aircraft engine emissions; and
(B) the feasibility of reducing aircraft separation
standards in a safe manner as a result of the
implementation of such technologies.
(2) Aircraft separation standards.--If the Administrator
determines that the standards referred to in paragraph (1)(B)
can be reduced safely, the Administrator shall include in the
NextGen Implementation Plan a timetable for implementation of
such reduced standards.
(f) Third-Party Usage.--The Administration shall establish a program
under which the Administration will use third parties in the
development, testing, and maintenance of flight procedures.
SEC. 214. PERFORMANCE METRICS.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish and begin tracking national airspace system performance
metrics, including, at a minimum, metrics with respect to--
(1) actual arrival and departure rates per hour measured
against the currently published aircraft arrival rate and
aircraft departure rate for the 35 operational evolution
partnership airports;
(2) average gate-to-gate times;
(3) fuel burned between key city pairs;
(4) operations using the advanced navigation procedures,
including performance based navigation procedures;
(5) the average distance flown between key city pairs;
(6) the time between pushing back from the gate and taking
off;
(7) continuous climb or descent;
(8) average gate arrival delay for all arrivals;
(9) flown versus filed flight times for key city pairs;
(10) implementation of NextGen Implementation Plan, or any
successor document, capabilities designed to reduce emissions
and fuel consumption;
(11) the Administration's unit cost of providing air traffic
control services; and
(12) runway safety, including runway incursions, operational
errors, and loss of standard separation events.
(b) Baselines.--The Administrator, in consultation with aviation
industry stakeholders, shall identify baselines for each of the metrics
established under subsection (a) and appropriate methods to measure
deviations from the baselines.
(c) Publication.--The Administrator shall make data obtained under
subsection (a) available to the public in a searchable, sortable, and
downloadable format through the Web site of the Administration and
other appropriate media.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that contains--
(1) a description of the metrics that will be used to measure
the Administration's progress in implementing NextGen
capabilities and operational results;
(2) information on any additional metrics developed; and
(3) a process for holding the Administration accountable for
meeting or exceeding the metrics baselines identified in
subsection (b).
SEC. 215. CERTIFICATION STANDARDS AND RESOURCES.
Not later than 180 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall develop a
plan to accelerate and streamline the process for certification of
NextGen technologies, including--
(1) establishment of updated project plans and timelines;
(2) identification of the specific activities needed to
certify NextGen technologies, including the establishment of
NextGen technical requirements for the manufacture of equipage,
installation of equipage, airline operational procedures, pilot
training standards, air traffic control procedures, and air
traffic controller training;
(3) identification of staffing requirements for the Air
Certification Service and the Flight Standards Service, taking
into consideration the leveraging of assistance from third
parties and designees;
(4) establishment of a program under which the Administration
will use third parties in the certification process; and
(5) establishment of performance metrics to measure the
Administration's progress.
SEC. 216. SURFACE SYSTEMS ACCELERATION.
(a) In General.--The Chief Operating Officer of the Air Traffic
Organization shall--
(1) evaluate the Airport Surface Detection Equipment-Model X
program for its potential contribution to implementation of the
NextGen initiative;
(2) evaluate airport surveillance technologies and associated
collaborative surface management software for potential
contributions to implementation of NextGen surface management;
(3) accelerate implementation of the program referred to in
paragraph (1); and
(4) carry out such additional duties as the Administrator of
the Federal Aviation Administration may require.
(b) Expedited Certification and Utilization.--The Administrator
shall--
(1) consider options for expediting the certification of
Ground-Based Augmentation System technology; and
(2) develop a plan to utilize such a system at the 35
operational evolution partnership airports by September 30,
2012.
SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL
MODERNIZATION PROJECTS.
(a) Process for Employee Inclusion.--Notwithstanding any other law or
agreement, the Administrator of the Federal Aviation Administration
shall establish a process or processes for including qualified
employees to serve in a collaborative and expert capacity in the
planning and development of air traffic control modernization projects,
including NextGen.
(b) Adherence to Deadlines.--Participants in these processes shall
adhere to all deadlines and milestones established pursuant to this
title.
(c) No Change in Employee Status.--Participation in these processes
by an employee shall not--
(1) serve as a waiver of any bargaining obligations or
rights;
(2) entitle the employee to any additional compensation or
benefits; or
(3) entitle the employee to prevent or unduly delay the
exercise of management prerogatives.
(d) Working Groups.--Except in extraordinary circumstances, the
Administrator shall not pay overtime related to work group
participation.
(e) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall report to Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate concerning the
disputes between participating employees and Administration management
that have led to delays to the implementation of NextGen, including
information on the source of the dispute, the resulting length of
delay, and associated cost increases.
SEC. 218. SITING OF WIND FARMS NEAR FAA NAVIGATIONAL AIDS AND OTHER
ASSETS.
(a) Survey and Assessment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, in order to address safety and
operational concerns associated with the construction,
alteration, establishment, or expansion of wind farms in
proximity to critical Federal Aviation Administration
facilities, the Administrator of the Federal Aviation
Administration shall complete a survey and assessment of leases
for critical Administration facility sites, including--
(A) an inventory of the leases that describes, for
each such lease--
(i) the periodic cost, location, site, terms,
number of years remaining, and lessor;
(ii) other Administration facilities that
share the leasehold, including surveillance and
communications equipment; and
(iii) the type of transmission services
supported, including the terms of service,
cost, and support contract obligations for the
services; and
(B) a list of those leases for facilities located in
or near areas suitable for the construction and
operation of wind farms, as determined by the
Administrator in consultation with the Secretary of
Energy.
(2) Memorandum of understanding.--The Administrator and the
Secretary of Energy shall enter into a memorandum of
understanding regarding the use and distribution of the list
referred to in paragraph (1)(B), including considerations of
privacy and proprietary information, database development, or
other relevant applications.
(3) Report.--Upon completion of the survey and assessment,
the Administrator shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Comptroller General containing the
Administrator's findings, conclusions, and recommendations.
(b) GAO Assessment.--Not later than 180 days after receiving the
Administrator's report under subsection (a)(3), the Comptroller
General, in consultation with the Administrator and other interested
parties, shall report on--
(1) the current and potential impact of wind farms on the
national airspace system;
(2) the extent to which the Department of Defense and the
Administration have guidance, processes, and procedures in
place to evaluate the impact of wind farms on the
implementation of the NextGen air traffic control system; and
(3) potential mitigation strategies, if necessary, to ensure
that wind farms do not have an adverse impact on the
implementation of the Next Generation air traffic control
system, including the installation of navigational aids
associated with that system.
(c) Issuance of Guidelines.--Not later than 180 days after the
Administrator receives the Comptroller's recommendations, the
Administrator shall consult with State, Federal, and industry
stakeholders and publish guidelines for the construction and operation
of wind farms that are to be located in proximity to critical
Administration facilities. The guidelines may include--
(1) the establishment of a zone system for wind farms based
on proximity to critical Administration assets;
(2) the establishment of turbine height and density
limitations on such wind farms; and
(3) any other requirements or recommendations designed to
address Administration safety or operational concerns related
to the construction, alteration, establishment, or expansion of
such wind farms.
(d) Reports.--The Administrator and the Comptroller General shall
provide a copy of reports under subsections (a) and (b), respectively,
to--
(1) the Committee on Commerce, Science, and Transportation,
the Committee on Homeland Security and Governmental Affairs,
the Committee on Armed Services of the Senate; and
(2) the Committee on Transportation and Infrastructure, the
Committee on Homeland Security, the Committee on Armed
Services, and the Committee on Science and Technology of the
House of Representatives.
SEC. 219. AIRSPACE REDESIGN.
(a) Findings.--Congress finds the following:
(1) The airspace redesign efforts of the Federal Aviation
Administration will play a critical near-term role in enhancing
capacity, reducing delays, transitioning to more flexible
routing, and ultimately saving money in fuel costs for airlines
and airspace users.
(2) The critical importance of airspace redesign efforts is
underscored by the fact that they are highlighted in strategic
plans of the Administration, including Flight Plan 2009-2013
and the NextGen Implementation Plan.
(3) Funding cuts have led to delays and deferrals of critical
capacity enhancing airspace redesign efforts.
(4) Several new runways planned for the period of fiscal
years 2011 and 2012 will not provide estimated capacity
benefits without additional funds.
(b) Noise Impacts of New York/New Jersey/Philadelphia Metropolitan
Area Airspace Redesign.--
(1) Monitoring.--The Administrator of the Federal Aviation
Administration, in conjunction with the Port Authority of New
York and New Jersey and the Philadelphia International Airport,
shall monitor the noise impacts of the New York/New Jersey/
Philadelphia Metropolitan Area Airspace Redesign.
(2) Report.--Not later than one year following the first day
of completion of the New York/New Jersey/Philadelphia
Metropolitan Area Airspace Redesign, the Administrator shall
submit to Congress a report on the findings of the
Administrator with respect to monitoring conducted under
paragraph (1).
TITLE III--SAFETY
Subtitle A--General Provisions
SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.
(a) Judicial Review of NTSB Decisions.--Section 44703(d) is amended
by adding at the end the following:
``(3) A person who is substantially affected by an order of the Board
under this subsection, or the Administrator if the Administrator
decides that an order of the Board will have a significant adverse
impact on carrying out this subtitle, may seek judicial review of the
order under section 46110. The Administrator shall be made a party to
the judicial review proceedings. The findings of fact of the Board in
any such case are conclusive if supported by substantial evidence.''.
(b) Conforming Amendment.--Section 1153(c) is amended by striking
``section 44709 or'' and inserting ``section 44703(d), 44709, or''.
SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND
SUPPLEMENTAL TYPE CERTIFICATES.
Section 44704(a) is amended by adding at the end the following:
``(5) Release of data.--
``(A) In general.--Notwithstanding any other
provision of law, the Administrator may make available
upon request, to a person seeking to maintain the
airworthiness or develop product improvements of an
aircraft, engine, propeller, or appliance, engineering
data in the possession of the Administration relating
to a type certificate or a supplemental type
certificate for such aircraft, engine, propeller, or
appliance, without the consent of the owner of record,
if the Administrator determines that--
``(i) the certificate containing the
requested data has been inactive for 3 or more
years, except that the Administrator may reduce
this time if required to address an unsafe
condition associated with the product;
``(ii) after using due diligence, the
Administrator is unable to find the owner of
record, or the owner of record's heir, of the
type certificate or supplemental type
certificate; and
``(iii) making such data available will
enhance aviation safety.
``(B) Engineering data defined.--In this section, the
term `engineering data' as used with respect to an
aircraft, engine, propeller, or appliance means type
design drawing and specifications for the entire
aircraft, engine, propeller, or appliance or change to
the aircraft, engine, propeller, or appliance,
including the original design data, and any associated
supplier data for individual parts or components
approved as part of the particular certificate for the
aircraft, engine, propeller, or appliance.
``(C) Requirement to maintain data.--The
Administrator shall maintain engineering data in the
possession of the Administration relating to a type
certificate or a supplemental type certificate that has
been inactive for 3 or more years.''.
SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.
(a) In General.--Section 44704(e) is amended to read as follows:
``(e) Design and Production Organization Certificates.--
``(1) Issuance.--Beginning January 1, 2013, the Administrator
may issue a certificate to a design organization, production
organization, or design and production organization to
authorize the organization to certify compliance of aircraft,
aircraft engines, propellers, and appliances with the
requirements and minimum standards prescribed under section
44701(a). An organization holding a certificate issued under
this subsection shall be known as a certified design and
production organization (in this subsection referred to as a
`CDPO').
``(2) Applications.--On receiving an application for a CDPO
certificate, the Administrator shall examine and rate the
organization submitting the application, in accordance with
regulations to be prescribed by the Administrator, to determine
whether the organization has adequate engineering, design, and
production capabilities, standards, and safeguards to make
certifications of compliance as described in paragraph (1).
``(3) Issuance of certificates based on cdpo findings.--The
Administrator may rely on certifications of compliance by a
CDPO when making determinations under this section.
``(4) Public safety.--The Administrator shall include in a
CDPO certificate terms required in the interest of safety.
``(5) No effect on power of revocation.--Nothing in this
subsection affects the authority of the Secretary of
Transportation to revoke a certificate.''.
(b) Applicability.--Before January 1, 2013, the Administrator of the
Federal Aviation Administration may continue to issue certificates
under section 44704(e) of title 49, United States Code, as in effect on
the day before the date of enactment of this Act.
(c) Clerical Amendments.--Chapter 447 is amended--
(1) in the heading for section 44704 by striking ``and design
organization certificates'' and inserting ``, and design and
production organization certificates''; and
(2) in the analysis for such chapter by striking the item
relating to section 44704 and inserting the following:
``44704. Type certificates, production certificates, airworthiness
certificates, and design and production organization certificates.''.
SEC. 304. AIRCRAFT CERTIFICATION PROCESS REVIEW AND REFORM.
(a) General.--The Administrator of the Federal Aviation
Administration, in consultation with representatives of the aviation
industry, shall conduct an assessment of the certification and approval
process under section 44704 of title 49, United States Code.
(b) Contents.--In conducting the assessment, the Administrator shall
consider--
(1) the expected number of applications for product
certifications and approvals the Administrator will receive
under section 44704 of such title in the 1-year, 5-year, and
10-year periods following the date of enactment of this Act;
(2) process reforms and improvements necessary to allow the
Administrator to review and approve the applications in a fair
and timely fashion;
(3) the status of recommendations made in previous reports on
the Administration's certification process;
(4) methods for enhancing the effective use of delegation
systems, including organizational designation authorization;
(5) methods for training the Administration's field office
employees in the safety management system and auditing; and
(6) the status of updating airworthiness requirements,
including implementing recommendations in the Administration's
report entitled ``Part 23--Small Airplane Certification Process
Study'' (OK-09-3468, dated July 2009).
(c) Recommendations.--In conducting the assessment, the Administrator
shall make recommendations to improve efficiency and reduce costs
through streamlining and reengineering the certification process under
section 44704 of such title to ensure that the Administrator can
conduct certifications and approvals under such section in a manner
that supports and enables the development of new products and
technologies and the global competitiveness of the United States
aviation industry.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the assessment, together with an explanation
of how the Administrator will implement recommendations made under
subsection (c) and measure the effectiveness of the recommendations.
(e) Implementation of Recommendations.--Not later than one year after
the date of enactment of this Act, the Administrator shall begin to
implement the recommendations made under subsection (c).
SEC. 305. CONSISTENCY OF REGULATORY INTERPRETATION.
(a) Establishment of Advisory Panel.--Not later than 90 days after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish an advisory panel comprised of
both Government and industry representatives to--
(1) review the October 2010 report by the Government
Accountability Office on certification and approval processes
(GAO-11-14); and
(2) develop recommendations to address the findings in the
report and other concerns raised by interested parties,
including representatives of the aviation industry.
(b) Matters To Be Considered.--The advisory panel shall--
(1) determine the root causes of inconsistent interpretation
of regulations by the Administration's Flight Standards Service
and Aircraft Certification Service;
(2) develop recommendations to improve the consistency of
interpreting regulations by the Administration's Flight
Standards Service and Aircraft Certification Service; and
(3) develop recommendations to improve communications between
the Administration's Flight Standards Service and Aircraft
Certification Service and applicants and certificate and
approval holders for the identification and resolution of
potentially adverse issues in an expeditious and fair manner.
(c) Report.--Not later than 6 months after the date of enactment of
this Act, the Administrator shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the findings of the advisory panel, together with an
explanation of how the Administrator will implement the recommendations
of the advisory panel and measure the effectiveness of the
recommendations.
SEC. 306. RUNWAY SAFETY.
(a) Strategic Runway Safety Plan.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop and submit to Congress a
report containing a strategic runway safety plan.
(2) Contents of plan.--The strategic runway safety plan--
(A) shall include, at a minimum--
(i) goals to improve runway safety;
(ii) near and long term actions designed to
reduce the severity, number, and rate of runway
incursions, losses of standard separation, and
operational errors;
(iii) time frames and resources needed for
the actions described in clause (ii);
(iv) a continuous evaluative process to track
performance toward the goals referred to in
clause (i); and
(v) a review of every commercial service
airport (as defined in section 47102 of title
49, United States Code) in the United States
and proposed action to improve airport
lighting, provide better signs, and improve
runway and taxiway markings; and
(B) shall address the increased runway safety risk
associated with the expected increased volume of air
traffic.
(b) Process.--Not later than 6 months after the date of enactment of
this Act, the Administrator shall develop a process for tracking and
investigating operational errors, losses of standard separation, and
runway incursions that includes procedures for--
(1) identifying who is responsible for tracking operational
errors, losses of standard separation, and runway incursions,
including a process for lower level employees to report to
higher supervisory levels and for frontline managers to receive
the information in a timely manner;
(2) conducting periodic random audits of the oversight
process; and
(3) ensuring proper accountability.
(c) Plan for Installation and Deployment of Systems To Provide Alerts
of Potential Runway Incursions.--Not later than December 31, 2011, the
Administrator shall submit to Congress a report containing a plan for
the installation and deployment of systems the Administrator is
installing to alert controllers or flight crewmembers, or both, of
potential runway incursions. The plan shall be integrated into the
annual NextGen Implementation Plan document of the Administration or
any successor document.
SEC. 307. IMPROVED PILOT LICENSES.
(a) In General.--Not later than 9 months after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall begin to issue improved pilot licenses consistent with the
requirements of title 49, United States Code, and title 14, Code of
Federal Regulations.
(b) Requirements.--Improved pilot licenses issued under subsection
(a) shall--
(1) be resistant to tampering, alteration, and
counterfeiting;
(2) include a photograph of the individual to whom the
license is issued; and
(3) be capable of accommodating a digital photograph, a
biometric identifier, and any other unique identifier that the
Administrator considers necessary.
(c) Tampering.--To the extent practical, the Administrator shall
develop methods to determine or reveal whether any component or
security feature of a license issued under subsection (a) has been
tampered with, altered, or counterfeited.
(d) Use of Designees.--The Administrator may use designees to carry
out subsection (a) to the extent feasible in order to minimize the
burdens on pilots.
(e) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the issuance of improved pilot licenses
under this section.
(2) Expiration.--The Administrator shall not be required to
submit annual reports under this subsection after the date on
which the Administrator begins issuing improved pilot licenses
under this section or December 31, 2015, whichever occurs
first.
SEC. 308. FLIGHT ATTENDANT FATIGUE.
(a) Study.--The Administrator of the Federal Aviation Administration,
acting through the Civil Aerospace Medical Institute, shall conduct a
study on the issue of flight attendant fatigue.
(b) Contents.--The study shall include the following:
(1) A survey of field operations of flight attendants.
(2) A study of incident reports regarding flight attendant
fatigue.
(3) A review of international policies and practices
regarding flight limitations and rest of flight attendants.
(4) An analysis of potential benefits of training flight
attendants regarding fatigue.
(c) Report.--Not later than September 30, 2012, the Administrator
shall submit to Congress a report on the results of the study.
SEC. 309. FLIGHT STANDARDS EVALUATION PROGRAM.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall modify the Flight Standards Evaluation Program--
(1) to include periodic and random reviews as part of the
Administration's oversight of air carriers; and
(2) to prohibit an individual from participating in a review
or audit of an office with responsibility for an air carrier
under the program if the individual, at any time in the 5-year
period preceding the date of the review or audit, had
responsibility for inspecting, or overseeing the inspection of,
the operations of that carrier.
(b) Annual Report.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the Administrator shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the Flight Standards Evaluation
Program, including the Administrator's findings and recommendations
with respect to the program.
(c) Flight Standards Evaluation Program Defined.--In this section,
the term ``Flight Standards Evaluation Program'' means the program
established by the Federal Aviation Administration in FS 1100.1B CHG3,
including any subsequent revisions thereto.
SEC. 310. COCKPIT SMOKE.
(a) Study.--The Comptroller General shall conduct a study on the
effectiveness of oversight activities of the Federal Aviation
Administration relating to the use of new technologies to prevent or
mitigate the effects of dense, continuous smoke in the cockpit of a
commercial aircraft.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the results of the study.
SEC. 311. SAFETY OF AIR AMBULANCE OPERATIONS.
(a) In General.--Chapter 447 is amended by adding at the end the
following:
``Sec. 44730. Helicopter air ambulance operations
``(a) Compliance Regulations.--
``(1) In general.--Except as provided in paragraph (2), not
later than 6 months after the date of enactment of this
section, part 135 certificate holders providing air ambulance
services shall comply, whenever medical personnel are onboard
the aircraft, with regulations pertaining to weather minimums
and flight and duty time under part 135.
``(2) Exception.--If a certificate holder described in
paragraph (1) is operating, or carrying out training, under
instrument flight rules, the weather reporting requirement at
the destination shall not apply until such time as the
Administrator of the Federal Aviation Administration determines
that portable, reliable, and accurate ground-based weather
measuring and reporting systems are available.
``(b) Rulemaking.--The Administrator shall conduct a rulemaking
proceeding to improve the safety of flight crewmembers, medical
personnel, and passengers onboard helicopters providing air ambulance
services under part 135.
``(c) Matters To Be Addressed.--In conducting the rulemaking
proceeding under subsection (b), the Administrator shall address the
following:
``(1) Flight request and dispatch procedures, including
performance-based flight dispatch procedures.
``(2) Pilot training standards, including--
``(A) mandatory training requirements, including a
minimum time for completing the training requirements;
``(B) training subject areas, such as communications
procedures and appropriate technology use; and
``(C) establishment of training standards in--
``(i) crew resource management;
``(ii) flight risk evaluation;
``(iii) preventing controlled flight into
terrain;
``(iv) recovery from inadvertent flight into
instrument meteorological conditions;
``(v) operational control of the pilot in
command; and
``(vi) use of flight simulation training
devices and line-oriented flight training.
``(3) Safety-enhancing technology and equipment, including--
``(A) helicopter terrain awareness and warning
systems;
``(B) radar altimeters;
``(C) devices that perform the function of flight
data recorders and cockpit voice recorders, to the
extent feasible; and
``(D) safety equipment that should be worn or used by
flight crewmembers and medical personnel on a flight,
including the possible use of shoulder harnesses,
helmets, seatbelts, and fire resistant clothing to
enhance crash survivability.
``(4) Such other matters as the Administrator considers
appropriate.
``(d) Minimum Requirements.--In issuing a final rule under subsection
(b), the Administrator, at a minimum, shall provide for the following:
``(1) Flight risk evaluation program.--The Administrator
shall ensure that a part 135 certificate holder providing
helicopter air ambulance services--
``(A) establishes a flight risk evaluation program,
based on FAA Notice 8000.301 issued by the
Administration on August 1, 2005, including any updates
thereto;
``(B) as part of the flight risk evaluation program,
develops a checklist for use by pilots in determining
whether a flight request should be accepted; and
``(C) requires the pilots of the certificate holder
to use the checklist.
``(2) Operational control center.--The Administrator shall
ensure that a part 135 certificate holder providing helicopter
air ambulance services using 10 or more helicopters has an
operational control center that meets such requirements as the
Administrator may prescribe.
``(e) Rulemaking.--The Administrator shall--
``(1) not later than 180 days after the date of enactment of
this section, issue a notice of proposed rulemaking under
subsection (b); and
``(2) not later than 16 months after the last day of the
comment period on the proposed rule, issue a final rule.
``(f) Definitions.--In this section, the following definitions apply:
``(1) Part 135.--The term `part 135' means part 135 of title
14, Code of Federal Regulations.
``(2) Part 135 certificate holder.--The term `part 135
certificate holder' means a person holding a certificate issued
under part 135.
``Sec. 44731. Collection of data on helicopter air ambulance operations
``(a) In General.--The Administrator of the Federal Aviation
Administration shall require a part 135 certificate holder providing
helicopter air ambulance services to submit to the Administrator, not
later than one year after the date of enactment of this section, and
annually thereafter, a report containing, at a minimum, the following
data:
``(1) The number of helicopters that the certificate holder
uses to provide helicopter air ambulance services and the base
locations of the helicopters.
``(2) The number of flights and hours flown, by registration
number, during which helicopters operated by the certificate
holder were providing helicopter air ambulance services.
``(3) The number of flight requests for a helicopter
providing air ambulance services that were accepted or declined
by the certificate holder and the type of each such flight
request (such as scene response, interfacility transport, organ
transport, or ferry or repositioning flight).
``(4) The number of accidents, if any, involving helicopters
operated by the certificate holder while providing air
ambulance services and a description of the accidents.
``(5) The number of flights and hours flown under instrument
flight rules by helicopters operated by the certificate holder
while providing air ambulance services.
``(6) The time of day of each flight flown by helicopters
operated by the certificate holder while providing air
ambulance services.
``(7) The number of incidents, if any, in which a helicopter
was not directly dispatched and arrived to transport patients
but was not utilized for patient transport.
``(b) Reporting Period.--Data contained in a report submitted by a
part 135 certificate holder under subsection (a) shall relate to such
reporting period as the Administrator determines appropriate.
``(c) Database.--Not later than 6 months after the date of enactment
of this section, the Administrator shall develop a method to collect
and store the data collected under subsection (a), including a method
to protect the confidentiality of any trade secret or proprietary
information provided in response to this section.
``(d) Report to Congress.--Not later than 24 months after the date of
enactment of this section, and annually thereafter, the Administrator
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing a summary of the
data collected under subsection (a).
``(e) Part 135 Certificate Holder Defined.--In this section, the term
`part 135 certificate holder' means a person holding a certificate
issued under part 135 of title 14, Code of Federal Regulations.''.
(b) Authorized Expenditures.--Section 106(k)(2)(C) (as redesignated
by this Act) is amended by inserting before the period the following:
``and the development and maintenance of helicopter approach
procedures''.
(c) Clerical Amendment.--The analysis for chapter 447 is amended by
adding at the end the following:
``444730. Helicopter air ambulance operations.
``444731. Collection of data on helicopter air ambulance operations.''.
SEC. 312. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER OBSERVATION
TECHNOLOGY.
(a) Study.--The Administrator of the Federal Aviation Administration
shall conduct a review of off-airport, low-altitude aircraft weather
observation technologies.
(b) Specific Review.--The review shall include, at a minimum, an
examination of off-airport, low-altitude weather reporting needs, an
assessment of technical alternatives (including automated weather
observation stations), an investment analysis, and recommendations for
improving weather reporting.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall submit to Congress a report
containing the results of the review.
SEC. 313. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE NIGHT
VISION GOGGLES.
(a) Study.--The Administrator of the Federal Aviation Administration
shall carry out a study on the feasibility of requiring pilots of
helicopters providing air ambulance services under part 135 of title
14, Code of Federal Regulations, to use night vision goggles during
nighttime operations.
(b) Considerations.--In conducting the study, the Administrator shall
consult with owners and operators of helicopters providing air
ambulance services under such part 135 and aviation safety
professionals to determine the benefits, financial considerations, and
risks associated with requiring the use of night vision goggles.
(c) Report to Congress.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study.
SEC. 314. PROHIBITION ON PERSONAL USE OF ELECTRONIC DEVICES ON FLIGHT
DECK.
(a) In General.--Chapter 447 (as amended by this Act) is further
amended by adding at the end the following:
``Sec. 44732. Prohibition on personal use of electronic devices on
flight deck
``(a) In General.--It is unlawful for a flight crewmember of an
aircraft used to provide air transportation under part 121 of title 14,
Code of Federal Regulations, to use a personal wireless communications
device or laptop computer while at the flight crewmember's duty station
on the flight deck of such an aircraft while the aircraft is being
operated.
``(b) Exceptions.--Subsection (a) shall not apply to the use of a
personal wireless communications device or laptop computer for a
purpose directly related to operation of the aircraft, or for
emergency, safety-related, or employment-related communications, in
accordance with procedures established by the air carrier and the
Administrator of the Federal Aviation Administration.
``(c) Enforcement.--In addition to the penalties provided under
section 46301 applicable to any violation of this section, the
Administrator of the Federal Aviation Administration may enforce
compliance with this section under section 44709 by amending,
modifying, suspending, or revoking a certificate under this chapter.
``(d) Personal Wireless Communications Device Defined.--In this
section, the term `personal wireless communications device' means a
device through which personal wireless services (as defined in section
332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted.''.
(b) Penalty.--Section 44711(a) is amended--
(1) by striking ``or'' after the semicolon in paragraph (8);
(2) by striking ``title.'' in paragraph (9) and inserting
``title; or''; and
(3) by adding at the end the following:
``(10) violate section 44732 or any regulation issued
thereunder.''.
(c) Conforming Amendment.--The analysis for chapter 447 (as amended
by this Act) is further amended by adding at the end the following:
``44732. Prohibition on personal use of electronic devices on flight
deck.''.
(d) Regulations.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall initiate a rulemaking procedure for regulations to carry out
section 44733 of title 49, United States Code, and shall issue a final
rule thereunder not later than 2 years after the date of enactment of
this Act.
(e) Study.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall review relevant air carrier data and carry
out a study--
(A) to identify common sources of distraction for the
flight crewmembers on the flight deck of a commercial
aircraft; and
(B) to determine the safety impacts of such
distractions.
(2) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that contains--
(A) the findings of the study conducted under
paragraph (1); and
(B) recommendations regarding how to reduce
distractions for flight crewmembers on the flight deck
of a commercial aircraft.
SEC. 315. NONCERTIFICATED MAINTENANCE PROVIDERS.
(a) Regulations.--Not later than 3 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall issue regulations requiring that covered work on an aircraft used
to provide air transportation under part 121 of title 14, Code of
Federal Regulations, be performed by persons in accordance with
subsection (b).
(b) Persons Authorized To Perform Certain Work.--A person may perform
covered work on aircraft used to provide air transportation under part
121 of title 14, Code of Federal Regulations, only if the person is
employed by--
(1) a part 121 air carrier;
(2) a part 145 repair station or a person authorized under
section 43.17 of title 14, Code of Federal Regulations; or
(3) subject to subsection (c), a person that--
(A) provides contract maintenance workers, services,
or maintenance functions to a part 145 repair station
or part 121 air carrier; and
(B) meets the requirements of the part 121 air
carrier or the part 145 repair station.
(c) Terms and Conditions.--Covered work performed by a person who is
employed by a person described in subsection (b)(3) shall be subject to
the following terms and conditions:
(1) The part 121 air carrier or the part 145 repair station
shall be directly in charge of the covered work being
performed.
(2) The covered work shall be carried out in accordance with
the part 121 air carrier's maintenance manual.
(d) Definitions.--In this section, the following definitions apply:
(1) Covered work.--The term ``covered work'' means a required
inspection item, as defined by the Administrator.
(2) Part 121 air carrier.--The term ``part 121 air carrier''
means an air carrier that holds a certificate issued under part
121 of title 14, Code of Federal Regulations.
(3) Part 145 repair station.--The term ``part 145 repair
station'' means a repair station that holds a certificate
issued under part 145 of title 14, Code of Federal Regulations.
SEC. 316. INSPECTION OF FOREIGN REPAIR STATIONS.
(a) In General.--Chapter 447 (as amended by this Act) is further
amended by adding at the end the following:
``Sec. 44733. Inspection of foreign repair stations
``(a) In General.--Not later than one year after the date of
enactment of this section, the Administrator of the Federal Aviation
Administration shall establish and implement a safety assessment system
for each part 145 repair station based on the type, scope, and
complexity of work being performed by the repair station, which shall--
``(1) ensure that repair stations outside the United States
are subject to appropriate inspections that are based on
identified risks and consistent with United States
requirements;
``(2) accept consideration of inspection results and findings
submitted by foreign civil aviation authorities operating under
a maintenance safety or maintenance implementation agreement
with the United States in meeting the requirements of the
safety assessment system; and
``(3) require all maintenance safety or maintenance
implementation agreements with the United States to provide an
opportunity for the Federal Aviation Administration to conduct
independent inspections of covered part 145 repair stations
when safety concerns warrant such inspections.
``(b) Notice to Congress of Negotiations.--The Administrator shall
notify the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives on or before the 30th day after initiating
formal negotiations with a foreign aviation authority or other
appropriate foreign government agency on a new maintenance safety or
maintenance implementation agreement.
``(c) Annual Report.--Not later than one year after the date of
enactment of this section, and annually thereafter, the Administrator
shall publish a report on the Administration's oversight of part 145
repair stations and implementation of the safety assessment system
required by subsection (a), which shall--
``(1) describe in detail any improvements in the Federal
Aviation Administration's ability to identify and track where
part 121 air carrier repair work is performed;
``(2) include a staffing model to determine the best
placement of inspectors and the number of inspectors needed for
the oversight and implementation;
``(3) describe the training provided to inspectors with
respect to the oversight and implementation;
``(4) include an assessment of the quality of monitoring and
surveillance by the Federal Aviation Administration of work
provided by its inspectors and the inspectors of foreign
authorities operating under a maintenance safety or maintenance
implementation agreement with the United States; and
``(5) specify the number of sample inspections performed by
Federal Aviation Administration inspectors at each repair
station that is covered by a maintenance safety or maintenance
implementation agreement with the United States.
``(d) Alcohol and Controlled Substance Testing Program
Requirements.--
``(1) In general.--The Secretary of State and the Secretary
of Transportation shall request, jointly, the governments of
foreign countries that are members of the International Civil
Aviation Organization to establish international standards for
alcohol and controlled substances testing of persons that
perform safety-sensitive maintenance functions on commercial
air carrier aircraft.
``(2) Application to part 121 aircraft work.--Not later than
one year after the date of enactment of this section, the
Administrator shall promulgate a proposed rule requiring that
all part 145 repair station employees responsible for safety-
sensitive maintenance functions on part 121 air carrier
aircraft are subject to an alcohol and controlled substances
testing program that is determined acceptable by the
Administrator and is consistent with the applicable laws of the
country in which the repair station is located.
``(e) Inspections.--The Administrator shall require part 145 repair
stations to be inspected as frequently as determined warranted by the
safety assessment system required by subsection (a), regardless of
where the station is located, and in a manner consistent with United
States obligations under international agreements.
``(f) Definitions.--In this section, the following definitions apply:
``(1) Part 121 air carrier.--The term `part 121 air carrier'
means an air carrier that holds a certificate issued under part
121 of title 14, Code of Federal Regulations.
``(2) Part 145 repair station.--The term `part 145 repair
station' means a repair station that holds a certificate issued
under part 145 of title 14, Code of Federal Regulations.''.
(b) Conforming Amendment.--The analysis for chapter 447 (as amended
by this Act) is further amended by adding at the end the following:
``44733. Inspection of foreign repair stations.''.
SEC. 317. SUNSET OF LINE CHECK.
Section 44729(h) is amended by adding at the end the following:
``(4) Sunset of line check.--Paragraph (2) shall cease to be
effective following the one-year period beginning on the date
of enactment of the FAA Reauthorization and Reform Act of 2011
unless the Secretary certifies that the requirements of
paragraph (2) are necessary to ensure safety.''.
Subtitle B--Unmanned Aircraft Systems
SEC. 321. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Certificate of waiver; certificate of authorization.--The
term ``certificate of waiver'' or ``certificate of
authorization'' means a Federal Aviation Administration grant
of approval for a specific flight operation.
(2) Sense and avoid capability.--The term ``sense and avoid
capability'' means the capability of an unmanned aircraft to
remain a safe distance from and to avoid collisions with other
airborne aircraft.
(3) Public unmanned aircraft system.--The term ``public
unmanned aircraft system'' means an unmanned aircraft system
that meets the qualifications and conditions required for
operation of a public aircraft, as defined by section 40102 of
title 49, United States Code.
(4) Small unmanned aircraft.--The term ``small unmanned
aircraft'' means an unmanned aircraft weighing less than 55
pounds.
(5) Test range.--The term ``test range'' means a defined
geographic area where research and development are conducted.
(6) Unmanned aircraft.--The term ``unmanned aircraft'' means
an aircraft that is operated without the possibility of direct
human intervention from within or on the aircraft.
(7) Unmanned aircraft system.--The term ``unmanned aircraft
system'' means an unmanned aircraft and associated elements
(including communication links and the components that control
the unmanned aircraft) that are required for the pilot in
command to operate safely and efficiently in the national
airspace system.
SEC. 322. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION PLAN.
(a) Integration Plan.--
(1) Comprehensive plan.--Not later than 270 days after the
date of enactment of this Act, the Secretary of Transportation,
in consultation with representatives of the aviation industry
and the unmanned aircraft systems industry, shall develop a
comprehensive plan to safely integrate commercial unmanned
aircraft systems into the national airspace system.
(2) Minimum requirements.--In developing the plan under
paragraph (1), the Secretary shall, at a minimum--
(A) review technologies and research that will assist
in facilitating the safe integration of commercial
unmanned aircraft systems into the national airspace
system;
(B) provide recommendations or projections for the
rulemaking to be conducted under subsection (b)--
(i) to define the acceptable standards for
operations and certification of commercial
unmanned aircraft systems;
(ii) to ensure that commercial unmanned
aircraft systems include a sense and avoid
capability, if necessary for safety purposes;
and
(iii) to develop standards and requirements
for the operator and pilot of a commercial
unmanned aircraft system, including standards
and requirements for registration and
licensing;
(C) recommend how best to enhance the technologies
and subsystems necessary to provide for the safe and
routine operations of commercial unmanned aircraft
systems in the national airspace system; and
(D) recommend how a phased-in approach for the
integration of commercial unmanned aircraft systems
into the national airspace system can best be achieved
and a timeline upon which such a phase-in shall occur.
(3) Deadline.--The plan to be developed under paragraph (1)
shall provide for the safe integration of commercial unmanned
aircraft systems into the national airspace system not later
than September 30, 2015.
(4) Report to congress.--The Secretary shall submit to
Congress--
(A) not later than one year after the date of
enactment of this Act, a copy of the plan developed
under paragraph (1); and
(B) annually thereafter, a report on the activities
of the Secretary under this section.
(b) Rulemaking.--Not later than 18 months after the date on which the
integration plan is submitted to Congress under subsection (a)(4), the
Administrator of the Federal Aviation Administration shall publish in
the Federal Register a notice of proposed rulemaking to implement the
recommendations of the integration plan.
SEC. 323. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall determine if certain unmanned aircraft
systems may operate safely in the national airspace system. The
Secretary may make such determination before completion of the plan and
rulemaking required by section 322 of this Act or the guidance required
by section 324 of this Act.
(b) Assessment of Unmanned Aircraft Systems.--In making the
determination under subsection (a), the Secretary shall determine, at a
minimum--
(1) which types of unmanned aircraft systems, if any, as a
result of their size, weight, speed, operational capability,
proximity to airports and population areas, and operation
within visual line-of-sight do not create a hazard to users of
the national airspace system or the public or pose a threat to
national security; and
(2) whether a certificate of waiver, certificate of
authorization, or airworthiness certification under section
44704 of title 49, United States Code, is required for the
operation of unmanned aircraft systems identified under
paragraph (1).
(c) Requirements for Safe Operation.--If the Secretary determines
under this section that certain unmanned aircraft systems may operate
safely in the national airspace system, the Secretary shall establish
requirements for the safe operation of such aircraft systems in the
national airspace system.
SEC. 324. PUBLIC UNMANNED AIRCRAFT SYSTEMS.
(a) Guidance.--Not later than 270 days after the date of enactment of
this Act, the Secretary shall issue guidance regarding the operation of
public unmanned aircraft systems to--
(1) expedite the issuance of a certificate of authorization
process;
(2) provide for a collaborative process with public agencies
to allow for an incremental expansion of access to the national
airspace system as technology matures. the necessary safety
analysis and data become available, and until standards are
completed and technology issues are resolved; and
(3) facilitate the capability of public agencies to develop
and use test ranges, subject to operating restrictions required
by the Federal Aviation Administration, to test and operate
unmanned aircraft systems.
(b) Standards for Operation and Certification.--Not later than
December 31, 2015, the Secretary shall develop and implement
operational and certification standards for operation of public
unmanned aircraft systems.
SEC. 325. UNMANNED AIRCRAFT SYSTEMS TEST RANGES.
(a) In General.--Not later than one year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish a program to integrate unmanned aircraft systems into
the national airspace system at 4 test ranges.
(b) Program Requirements.--In establishing the program under
subsection (a), the Administrator shall--
(1) safely designate nonexclusionary airspace for integrated
manned and unmanned flight operations in the national airspace
system;
(2) develop certification standards and air traffic
requirements for unmanned flight operations at test ranges;
(3) coordinate with and leverage the resources of the
National Aeronautics and Space Administration and the
Department of Defense;
(4) address both commercial and public unmanned aircraft
systems;
(5) ensure that the program is coordinated with the Next
Generation Air Transportation System; and
(6) provide for verification of the safety of unmanned
aircraft systems and related navigation procedures before
integration into the national airspace system.
(c) Test Range Locations.--In determining the location of the 4 test
ranges of the program under subsection (a), the Administrator shall--
(1) take into consideration geographic and climatic
diversity; and
(2) after consulting with the Administrator of the National
Aeronautics and Space Administration and the Secretary of the
Air Force, take into consideration the location of available
research radars.
Subtitle C--Safety and Protections
SEC. 331. POSTEMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS INSPECTORS.
(a) In General.--Section 44711 is amended by adding at the end the
following:
``(d) Postemployment Restrictions for Flight Standards Inspectors.--
``(1) Prohibition.--A person holding an operating certificate
issued under title 14, Code of Federal Regulations, may not
knowingly employ, or make a contractual arrangement that
permits, an individual to act as an agent or representative of
the certificate holder in any matter before the Federal
Aviation Administration if the individual, in the preceding 2-
year period--
``(A) served as, or was responsible for oversight of,
a flight standards inspector of the Administration; and
``(B) had responsibility to inspect, or oversee
inspection of, the operations of the certificate
holder.
``(2) Written and oral communications.--For purposes of
paragraph (1), an individual shall be considered to be acting
as an agent or representative of a certificate holder in a
matter before the Administration if the individual makes any
written or oral communication on behalf of the certificate
holder to the Administration (or any of its officers or
employees) in connection with a particular matter, whether or
not involving a specific party and without regard to whether
the individual has participated in, or had responsibility for,
the particular matter while serving as a flight standards
inspector of the Administration.''.
(b) Applicability.--The amendment made by subsection (a) shall not
apply to an individual employed by a certificate holder as of the date
of enactment of this Act.
SEC. 332. REVIEW OF AIR TRANSPORTATION OVERSIGHT SYSTEM DATABASE.
(a) Reviews.--The Administrator of the Federal Aviation
Administration shall establish a process by which the air
transportation oversight system database of the Administration is
reviewed by regional teams of employees of the Administration,
including at least one employee on each team representing aviation
safety inspectors, on a monthly basis to ensure that--
(1) any trends in regulatory compliance are identified; and
(2) appropriate corrective actions are taken in accordance
with Administration regulations, advisory directives, policies,
and procedures.
(b) Monthly Team Reports.--
(1) In general.--A regional team of employees conducting a
monthly review of the air transportation oversight system
database under subsection (a) shall submit to the
Administrator, the Associate Administrator for Aviation Safety,
and the Director of Flight Standards Service a report each
month on the results of the review.
(2) Contents.--A report submitted under paragraph (1) shall
identify--
(A) any trends in regulatory compliance discovered by
the team of employees in conducting the monthly review;
and
(B) any corrective actions taken or proposed to be
taken in response to the trends.
(c) Biannual Reports to Congress.--The Administrator, on a biannual
basis, shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
results of the reviews of the air transportation oversight system
database conducted under this section, including copies of reports
received under subsection (b).
SEC. 333. IMPROVED VOLUNTARY DISCLOSURE REPORTING SYSTEM.
(a) Voluntary Disclosure Reporting Program Defined.--In this section,
the term ``Voluntary Disclosure Reporting Program'' means the program
established by the Federal Aviation Administration through Advisory
Circular 00-58A, dated September 8, 2006, including any subsequent
revisions thereto.
(b) Verification.--The Administrator of the Federal Aviation
Administration shall modify the Voluntary Disclosure Reporting Program
to require inspectors to--
(1) verify that air carriers are implementing comprehensive
solutions to correct the underlying causes of the violations
voluntarily disclosed by such air carriers; and
(2) confirm, before approving a final report of a violation,
that a violation with the same root causes, has not been
previously discovered by an inspector or self-disclosed by the
air carrier.
(c) Supervisory Review of Voluntary Self-disclosures.--The
Administrator shall establish a process by which voluntary self-
disclosures received from air carriers are reviewed and approved by a
supervisor after the initial review by an inspector.
(d) Inspector General Study.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct a study of the Voluntary
Disclosure Reporting Program.
(2) Review.--In conducting the study, the Inspector General
shall examine, at a minimum, if the Administration--
(A) conducts comprehensive reviews of voluntary
disclosure reports before closing a voluntary
disclosure report under the provisions of the program;
(B) evaluates the effectiveness of corrective actions
taken by air carriers; and
(C) effectively prevents abuse of the voluntary
disclosure reporting program through its secondary
review of self-disclosures before they are accepted and
closed by the Administration.
(3) Report.--Not later than one year after the date of
enactment of this Act, the Inspector General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study conducted under this section.
SEC. 334. AVIATION WHISTLEBLOWER INVESTIGATION OFFICE.
Section 106 (as amended by this Act) is further amended by adding at
the end the following:
``(t) Aviation Safety Whistleblower Investigation Office.--
``(1) Establishment.--There is established in the Federal
Aviation Administration (in this section referred to as the
`Agency') an Aviation Safety Whistleblower Investigation Office
(in this subsection referred to as the `Office').
``(2) Director.--
``(A) Appointment.--The head of the Office shall be
the Director, who shall be appointed by the Secretary
of Transportation.
``(B) Qualifications.--The Director shall have a
demonstrated ability in investigations and knowledge of
or experience in aviation.
``(C) Term.--The Director shall be appointed for a
term of 5 years.
``(D) Vacancy.--Any individual appointed to fill a
vacancy in the position of the Director occurring
before the expiration of the term for which the
individual's predecessor was appointed shall be
appointed for the remainder of that term.
``(3) Complaints and investigations.--
``(A) Authority of director.--The Director shall--
``(i) receive complaints and information
submitted by employees of persons holding
certificates issued under title 14, Code of
Federal Regulations, and employees of the
Agency concerning the possible existence of an
activity relating to a violation of an order,
regulation, or standard of the Agency or any
other provision of Federal law relating to
aviation safety;
``(ii) assess complaints and information
submitted under clause (i) and determine
whether a substantial likelihood exists that a
violation of an order, regulation, or standard
of the Agency or any other provision of Federal
law relating to aviation safety has occurred;
and
``(iii) based on findings of the assessment
conducted under clause (ii), make
recommendations to the Administrator in writing
for further investigation or corrective
actions.
``(B) Disclosure of identities.--The Director shall
not disclose the identity of an individual who submits
a complaint or information under subparagraph (A)(i)
unless--
``(i) the individual consents to the
disclosure in writing; or
``(ii) the Director determines, in the course
of an investigation, that the disclosure is
required by regulation, statute, or court
order, or is otherwise unavoidable, in which
case the Director shall provide the individual
reasonable advanced notice of the disclosure.
``(C) Independence of director.--The Secretary, the
Administrator, or any officer or employee of the Agency
may not prevent or prohibit the Director from
initiating, carrying out, or completing any assessment
of a complaint or information submitted under
subparagraph (A)(i) or from reporting to Congress on
any such assessment.
``(D) Access to information.--In conducting an
assessment of a complaint or information submitted
under subparagraph (A)(i), the Director shall have
access to all records, reports, audits, reviews,
documents, papers, recommendations, and other material
necessary to determine whether a substantial likelihood
exists that a violation of an order, regulation, or
standard of the Agency or any other provision of
Federal law relating to aviation safety may have
occurred.
``(4) Responses to recommendations.--Not later than 60 days
after the date on which the Administrator receives a report
with respect to an investigation, the Administrator shall
respond to a recommendation made by the Director under
subparagraph (A)(iii) in writing and retain records related to
any further investigations or corrective actions taken in
response to the recommendation.
``(5) Incident reports.--If the Director determines there is
a substantial likelihood that a violation of an order,
regulation, or standard of the Agency or any other provision of
Federal law relating to aviation safety has occurred that
requires immediate corrective action, the Director shall report
the potential violation expeditiously to the Administrator and
the Inspector General of the Department of Transportation.
``(6) Reporting of criminal violations to inspector
general.--If the Director has reasonable grounds to believe
that there has been a violation of Federal criminal law, the
Director shall report the violation expeditiously to the
Inspector General.
``(7) Annual reports to congress.--Not later than October 1
of each year, the Director shall submit to Congress a report
containing--
``(A) information on the number of submissions of
complaints and information received by the Director
under paragraph (3)(A)(i) in the preceding 12-month
period;
``(B) summaries of those submissions;
``(C) summaries of further investigations and
corrective actions recommended in response to the
submissions; and
``(D) summaries of the responses of the Administrator
to such recommendations.''.
SEC. 335. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE TO FLIGHT
CREWMEMBERS.
(a) Rulemaking on Applicability of Part 121 Duty Periods and Flight
Time Limitations to Part 91 Operations.--Not later than 180 days after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking proceeding, if such
a proceeding has not already been initiated, to require a flight
crewmember who is employed by an air carrier conducting operations
under part 121 of title 14, Code of Federal Regulations, and who
accepts an additional assignment for flying under part 91 of such title
from the air carrier or from any other air carrier conducting
operations under part 121 or 135 of such title, to apply the period of
the additional assignment (regardless of whether the assignment is
performed by the flight crewmember before or after an assignment to fly
under part 121 of such title) toward any limitation applicable to the
flight crewmember relating to duty periods or flight times under part
121 of such title.
(b) Rulemaking on Applicability of Part 135 Duty Periods and Flight
Time Limitations to Part 91 Operations.--Not later than one year after
the date of enactment of this Act, the Administrator shall initiate a
rulemaking proceeding to require a flight crewmember who is employed by
an air carrier conducting operations under part 135 of title 14, Code
of Federal Regulations, and who accepts an additional assignment for
flying under part 91 of such title from the air carrier or any other
air carrier conducting operations under part 121 or 135 of such title,
to apply the period of the additional assignment (regardless of whether
the assignment is performed by the flight crewmember before or after an
assignment to fly under part 135 of such title) toward any limitation
applicable to the flight crewmember relating to duty periods or flight
times under part 135 of such title.
(c) Separate Rulemaking Proceedings Required.--The rulemaking
proceeding required under subsection (b) shall be separate from the
rulemaking proceeding required under subsection (a).
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Essential Air Service
SEC. 401. ESSENTIAL AIR SERVICE MARKETING.
Section 41733(c)(1) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) by striking ``and'' at the end of subparagraph (D); and
(3) by inserting after subparagraph (D) the following:
``(E) whether the air carrier has included a plan in its
proposal to market its services to the community; and''.
SEC. 402. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY FOR
SUBSIDIZED ESSENTIAL AIR SERVICE.
Section 41733 is amended by adding at the end the following:
``(f) Notice to Communities Prior to Termination of Eligibility.--
``(1) In general.--The Secretary shall notify each community
receiving basic essential air service for which compensation is
being paid under this subchapter on or before the 45th day
before issuing any final decision to end the payment of such
compensation due to a determination by the Secretary that
providing such service requires a rate of subsidy per passenger
in excess of the subsidy cap.
``(2) Procedures to avoid termination.--The Secretary shall
establish, by order, procedures by which each community
notified of an impending loss of subsidy under paragraph (1)
may work directly with an air carrier to ensure that the air
carrier is able to submit a proposal to the Secretary to
provide essential air service to such community for an amount
of compensation that would not exceed the subsidy cap.
``(3) Assistance provided.--The Secretary shall provide, by
order, to each community notified under paragraph (1)
information regarding--
``(A) the procedures established pursuant to
paragraph (2); and
``(B) the maximum amount of compensation that could
be provided under this subchapter to an air carrier
serving such community that would comply with the
subsidy cap.
``(4) Subsidy cap defined.--In this subsection, the term
`subsidy cap' means the subsidy cap established by section 332
of Public Law 106-69 (113 Stat. 1022).''.
SEC. 403. ESSENTIAL AIR SERVICE CONTRACT GUIDELINES.
(a) Compensation Guidelines.--Section 41737(a)(1) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) in subparagraph (C) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(D) include provisions under which the Secretary may
encourage an air carrier to improve air service for which
compensation is being paid under this subchapter by
incorporating financial incentives in an essential air service
contract based on specified performance goals, including goals
related to improving on-time performance, reducing the number
of flight cancellations, establishing convenient connections to
flights providing service beyond hub airports, and increasing
marketing efforts; and
``(E) include provisions under which the Secretary may
execute a long-term essential air service contract to encourage
an air carrier to provide air service to an eligible place if
it would be in the public interest to do so.''.
(b) Deadline for Issuance of Revised Guidance.--Not later than 18
months after the date of enactment of this Act, the Secretary of
Transportation shall issue revised guidelines governing the rate of
compensation payable under subchapter II of chapter 417 of title 49,
United States Code, that incorporate the amendments made by this
section.
(c) Report.--Not later than 2 years after the date of issuance of
revised guidelines pursuant to subsection (b), the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the extent to which the
revised guidelines have been implemented and the impact, if any, such
implementation has had on air carrier performance and community
satisfaction with air service for which compensation is being paid
under subchapter II of chapter 417 of title 49, United States Code.
SEC. 404. ESSENTIAL AIR SERVICE REFORM.
(a) Authorization.--Section 41742(a)(1) is amended--
(1) by striking ``the sum of $50,000,000 is'' and inserting
``the following sums are''; and
(2) by striking ``subchapter for each fiscal year.'' and
inserting ``subchapter:
``(A) $50,000,000 for each fiscal year through fiscal
year 2013.
``(B) The amount necessary, as determined by the
Secretary, to carry out the essential air service
program in Alaska and Hawaii for fiscal year 2014 and
each fiscal year thereafter.''.
(b) Additional Funds.--Section 41742(a)(2) is amended by striking
``there is authorized to be appropriated $77,000,000 for each fiscal
year'' and inserting ``there is authorized to be appropriated out of
the Airport and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 $97,500,000 for fiscal year 2011,
$60,000,000 for fiscal year 2012, and $30,000,000 for fiscal year
2013''.
(c) Distribution of Excess Funds.--Section 41742(a) is amended by
adding at the end the following:
``(4) Distribution of excess funds.--
``(A) Small community air service development.--For
each of fiscal years 2011 through 2014, if the funds
credited to the account established under section 45303
in a fiscal year exceed the amount made available under
paragraph (1) for that fiscal year, the excess funds,
but not more than $6,000,000, shall be made available
immediately for obligation and expenditure to carry out
section 41743.
``(B) Nextgen.--For each of fiscal years 2011 through
2014, if the funds credited to the account established
under section 45303 in a fiscal year exceed the amount
made available under paragraph (1) and subparagraph (A)
of this paragraph for that fiscal year, the excess
funds shall be made available immediately for
obligation and expenditure to carry out Next Generation
Air Transportation System activities, including any
activity specified in section 202 of the FAA
Reauthorization and Reform Act of 2011.
``(5) Availability of funds.--The funds made available under
this subsection shall remain available until expended.''.
(d) Administering Program Within Available Funding.--Section 41742(b)
is amended to read as follows:
``(b) Administering Program Within Available Funding.--
Notwithstanding any other provision of law, the Secretary is authorized
to take such actions as may be necessary to administer the essential
air service program under this subchapter within the amount of funding
made available for the program.''.
SEC. 405. SMALL COMMUNITY AIR SERVICE.
(a) Priorities.--Section 41743(c)(5) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) in subparagraph (E) by striking ``fashion.'' and
inserting ``fashion; and''; and
(3) by adding at the end the following:
``(F) multiple communities cooperate to submit a
regional or multistate application to consolidate air
service into one regional airport.''.
(b) Authority To Make Agreements.--Section 41743(e) is amended to
read as follows:
``(e) Authority To Make Agreements.--Subject to the availability of
amounts made available under section 41742(a)(4)(A), the Secretary may
make agreements to provide assistance under this section.''.
SEC. 406. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED
COSTS.
(a) Emergency Across-The-Board Adjustment.--Subject to the
availability of funds, the Secretary of Transportation may increase the
rates of compensation payable to air carriers under subchapter II of
chapter 417 of title 49, United States Code, to compensate such
carriers for increased aviation fuel costs without regard to any
agreement or requirement relating to the renegotiation of contracts or
any notice requirement under section 41734 of such title.
(b) Expedited Process for Adjustments to Individual Contracts.--
(1) In general.--Section 41734(d) is amended by striking
``continue to pay'' and all that follows through ``compensation
sufficient'' and inserting ``provide the carrier with
compensation sufficient''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to compensation to air carriers for air service
provided after the 30th day following the date of enactment of
this Act.
(c) Subsidy Cap.--Subject to the availability of funds, the Secretary
may waive, on a case-by-case basis, the subsidy-per-passenger cap
established by section 332 of Public Law 106-69 (113 Stat. 1022). A
waiver issued under this subsection shall remain in effect for a
limited period of time, as determined by the Secretary.
SEC. 407. REPEAL OF EAS LOCAL PARTICIPATION PROGRAM.
Section 41747, and the item relating to section 41747 in the analysis
for chapter 417, are repealed.
SEC. 408. SUNSET OF ESSENTIAL AIR SERVICE PROGRAM.
(a) In General.--Subchapter II of chapter 417 is amended by adding at
the end the following:
``Sec. 41749. Sunset
``(a) In General.--Except as provided in subsection (b), the
authority of the Secretary of Transportation to carry out the essential
air service program under this subchapter shall sunset on October 1,
2013.
``(b) Alaska and Hawaii.--The Secretary may continue to carry out the
essential air service program under this subchapter in Alaska and
Hawaii following the sunset date specified in subsection (a).''.
(b) Conforming Amendment.--The analysis for chapter 417 is amended by
inserting after the item relating to section 41748 the following:
``41749. Sunset.''.
Subtitle B--Passenger Air Service Improvements
SEC. 421. SMOKING PROHIBITION.
(a) In General.--Section 41706 is amended--
(1) in the section heading by striking ``scheduled'' and
inserting ``passenger''; and
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) Smoking Prohibition in Interstate and Intrastate Air
Transportation.--An individual may not smoke--
``(1) in an aircraft in scheduled passenger interstate or
intrastate air transportation; or
``(2) in an aircraft in nonscheduled passenger interstate or
intrastate air transportation, if a flight attendant is a
required crewmember on the aircraft (as determined by the
Administrator of the Federal Aviation Administration).
``(b) Smoking Prohibition in Foreign Air Transportation.--The
Secretary of Transportation shall require all air carriers and foreign
air carriers to prohibit smoking--
``(1) in an aircraft in scheduled passenger foreign air
transportation; and
``(2) in an aircraft in nonscheduled passenger foreign air
transportation, if a flight attendant is a required crewmember
on the aircraft (as determined by the Administrator or a
foreign government).''.
(b) Clerical Amendment.--The analysis for chapter 417 is amended by
striking the item relating to section 41706 and inserting the
following:
``41706. Prohibitions against smoking on passenger flights.''.
SEC. 422. MONTHLY AIR CARRIER REPORTS.
(a) In General.--Section 41708 is amended by adding at the end the
following:
``(c) Diverted and Cancelled Flights.--
``(1) Monthly reports.--The Secretary shall require an air
carrier referred to in paragraph (2) to file with the Secretary
a monthly report on each flight of the air carrier that is
diverted from its scheduled destination to another airport and
each flight of the air carrier that departs the gate at the
airport at which the flight originates but is cancelled before
wheels-off time.
``(2) Applicability.--An air carrier that is required to file
a monthly airline service quality performance report pursuant
to part 234 of title 14, Code of Federal Regulations, shall be
subject to the requirement of paragraph (1).
``(3) Contents.--A monthly report filed by an air carrier
under paragraph (1) shall include, at a minimum, the following
information:
``(A) For a diverted flight--
``(i) the flight number of the diverted
flight;
``(ii) the scheduled destination of the
flight;
``(iii) the date and time of the flight;
``(iv) the airport to which the flight was
diverted;
``(v) wheels-on time at the diverted airport;
``(vi) the time, if any, passengers deplaned
the aircraft at the diverted airport; and
``(vii) if the flight arrives at the
scheduled destination airport--
``(I) the gate-departure time at the
diverted airport;
``(II) the wheels-off time at the
diverted airport;
``(III) the wheels-on time at the
scheduled arrival airport; and
``(IV) the gate-arrival time at the
scheduled arrival airport.
``(B) For flights cancelled after gate departure--
``(i) the flight number of the cancelled
flight;
``(ii) the scheduled origin and destination
airports of the cancelled flight;
``(iii) the date and time of the cancelled
flight;
``(iv) the gate-departure time of the
cancelled flight; and
``(v) the time the aircraft returned to the
gate.
``(4) Publication.--The Secretary shall compile the
information provided in the monthly reports filed pursuant to
paragraph (1) in a single monthly report and publish such
report on the Internet Web site of the Department of
Transportation.''.
(b) Effective Date.--Beginning not later than 90 days after the date
of enactment of this Act, the Secretary of Transportation shall require
monthly reports pursuant to the amendment made by subsection (a).
SEC. 423. FLIGHT OPERATIONS AT RONALD REAGAN WASHINGTON NATIONAL
AIRPORT.
(a) Beyond-Perimeter Exemptions.--Section 41718(a) is amended--
(1) by striking ``Secretary'' the first place it appears and
inserting ``Secretary of Transportation''; and
(2) by striking ``24'' and inserting ``34''.
(b) Limitations.--Section 41718(c)(2) is amended by striking ``3
operations'' and inserting ``5 operations''.
(c) Slots.--Section 41718(c) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Slots.--The Secretary shall reduce the hourly air
carrier slot quota for Ronald Reagan Washington National
Airport under section 93.123(a) of title 14, Code of Federal
Regulations, by a total of 10 slots that are available for
allocation. Such reductions shall be taken in the 6:00 a.m.,
10:00 p.m., or 11:00 p.m. hours, as determined by the
Secretary, in order to grant exemptions under subsection
(a).''.
(d) Scheduling Priority.--Section 41718 is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Scheduling Priority.--Operations conducted by new entrant air
carriers and limited incumbent air carriers shall be provided a
scheduling priority over operations conducted by other air carriers
granted exemptions pursuant to this section, with the highest
scheduling priority provided to beyond-perimeter operations conducted
by the new entrant air carriers and limited incumbent air carriers.''.
SEC. 424. MUSICAL INSTRUMENTS.
(a) In General.--Subchapter I of chapter 417 is amended by adding at
the end the following:
``Sec. 41724. Musical instruments
``(a) Instruments in Passenger Compartment.--An air carrier providing
air transportation shall permit a passenger to carry a musical
instrument in a closet, baggage compartment, or cargo stowage
compartment (approved by the Administrator of the Federal Aviation
Administration) in the passenger compartment of the aircraft used to
provide such transportation if--
``(1) the instrument can be stowed in accordance with the
requirements for carriage of carry-on baggage or cargo set
forth by the Administrator; and
``(2) there is space for such stowage on the aircraft.
``(b) Large Instruments in Passenger Compartment.--An air carrier
providing air transportation shall permit a passenger to carry a
musical instrument that is too large to be secured in a closet, baggage
compartment, or cargo stowage compartment pursuant to subsection (a) in
the passenger compartment of the aircraft used to provide such
transportation if--
``(1) the instrument can be stowed in accordance with the
requirements for carriage of carry-on baggage or cargo set
forth by the Administrator; and
``(2) the passenger has purchased a seat to accommodate the
instrument.
``(c) Instruments as Checked Baggage.--An air carrier providing air
transportation shall transport as baggage a musical instrument that may
not be carried in the passenger compartment of the aircraft used to
provide such transportation pursuant to subsection (a) or (b) and that
is the property of a passenger on the aircraft if--
``(1) the sum of the length, width, and height of the
instrument (measured in inches of the outside linear dimensions
of the instrument, including the case) does not exceed 150
inches or the size restrictions for that aircraft;
``(2) the weight of the instrument does not exceed 165 pounds
or the weight restrictions for that aircraft; and
``(3) the instrument can be stowed in accordance with the
requirements for carriage of baggage or cargo set forth by the
Administrator.
``(d) Air Carrier Terms.--Nothing in this section shall be construed
as prohibiting an air carrier from limiting the carrier's liability for
carrying a musical instrument or requiring a passenger to purchase
insurance to cover the value of a musical instrument transported by the
carrier.''.
(b) Regulations.--The Secretary of Transportation may prescribe such
regulations as may be necessary or appropriate to implement the
amendment made by subsection (a).
(c) Clerical Amendment.--The analysis for such subchapter is amended
by adding at the end the following:
``41724. Musical instruments.''.
SEC. 425. PASSENGER AIR SERVICE IMPROVEMENTS.
(a) In General.--Subtitle VII is amended by inserting after chapter
421 the following:
``CHAPTER 423--PASSENGER AIR SERVICE IMPROVEMENTS
``Sec.
``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.
``Sec. 42301. Emergency contingency plans
``(a) Submission of Air Carrier and Airport Plans.--Not later than 90
days after the date of enactment of this section, each of the following
air carriers and airport operators shall submit to the Secretary of
Transportation for review and approval an emergency contingency plan in
accordance with the requirements of this section:
``(1) An air carrier providing covered air transportation at
a large hub or medium hub airport.
``(2) An operator of a large hub or medium hub airport.
``(3) An operator of an airport used by an air carrier
described in paragraph (1) for diversions.
``(b) Air Carrier Plans.--
``(1) Plans for individual airports.--An air carrier shall
submit an emergency contingency plan under subsection (a) for--
``(A) each large hub and medium hub airport at which
the carrier provides covered air transportation; and
``(B) each large hub and medium hub airport at which
the carrier has flights for which the carrier has
primary responsibility for inventory control.
``(2) Contents.--An emergency contingency plan submitted by
an air carrier for an airport under subsection (a) shall
contain a description of how the carrier will--
``(A) provide food, potable water, restroom
facilities, and access to medical treatment for
passengers onboard an aircraft at the airport that is
on the ground for an extended period of time without
access to the terminal;
``(B) allow passengers to deplane following excessive
tarmac delays; and
``(C) share facilities and make gates available at
the airport in an emergency.
``(c) Airport Plans.--An emergency contingency plan submitted by an
airport operator under subsection (a) shall contain a description of
how the operator, to the maximum extent practicable, will--
``(1) provide for the deplanement of passengers following
excessive tarmac delays;
``(2) provide for the sharing of facilities and make gates
available at the airport in an emergency; and
``(3) provide a sterile area following excessive tarmac
delays for passengers who have not yet cleared U.S. Customs and
Border Protection.
``(d) Updates.--
``(1) Air carriers.--An air carrier shall update the
emergency contingency plan submitted by the carrier under
subsection (a) every 3 years and submit the update to the
Secretary for review and approval.
``(2) Airports.--An airport operator shall update the
emergency contingency plan submitted by the operator under
subsection (a) every 5 years and submit the update to the
Secretary for review and approval.
``(e) Approval.--
``(1) In general.--Not later than 60 days after the date of
the receipt of an emergency contingency plan submitted under
subsection (a) or an update submitted under subsection (d), the
Secretary shall review and approve or, if necessary, require
modifications to the plan or update to ensure that the plan or
update will effectively address emergencies and provide for the
health and safety of passengers.
``(2) Failure to approve or require modifications.--If the
Secretary fails to approve or require modifications to a plan
or update under paragraph (1) within the timeframe specified in
that paragraph, the plan or update shall be deemed to be
approved.
``(3) Adherence required.--An air carrier or airport operator
shall adhere to an emergency contingency plan of the carrier or
operator approved under this section.
``(f) Minimum Standards.--The Secretary may establish, as necessary
or desirable, minimum standards for elements in an emergency
contingency plan required to be submitted under this section.
``(g) Public Access.--An air carrier or airport operator required to
submit an emergency contingency plan under this section shall ensure
public access to the plan after its approval under this section on the
Internet Web site of the carrier or operator or by such other means as
determined by the Secretary.
``(h) Definitions.--In this section, the following definitions apply:
``(1) Covered air transportation.--The term `covered air
transportation' means scheduled or public charter passenger air
transportation provided by an air carrier that operates an
aircraft that as originally designed has a passenger capacity
of 30 or more seats.
``(2) Tarmac delay.--The term `tarmac delay' means the period
during which passengers are on board an aircraft on the
tarmac--
``(A) awaiting takeoff after the aircraft doors have
been closed or after passengers have been boarded if
the passengers have not been advised they are free to
deplane; or
``(B) awaiting deplaning after the aircraft has
landed.
``Sec. 42302. Consumer complaints
``(a) In General.--The Secretary of Transportation shall establish a
consumer complaints toll-free hotline telephone number for the use of
passengers in air transportation and shall take actions to notify the
public of--
``(1) that telephone number; and
``(2) the Internet Web site of the Aviation Consumer
Protection Division of the Department of Transportation.
``(b) Notice to Passengers on the Internet.--An air carrier or
foreign air carrier providing scheduled air transportation using any
aircraft that as originally designed has a passenger capacity of 30 or
more passenger seats shall include on the Internet Web site of the
carrier--
``(1) the hotline telephone number established under
subsection (a);
``(2) the email address, telephone number, and mailing
address of the air carrier for the submission of complaints by
passengers about air travel service problems; and
``(3) the Internet Web site and mailing address of the
Aviation Consumer Protection Division of the Department of
Transportation for the submission of complaints by passengers
about air travel service problems.
``(c) Notice to Passengers on Boarding Documentation.--An air carrier
or foreign air carrier providing scheduled air transportation using any
aircraft that as originally designed has a passenger capacity of 30 or
more passenger seats shall include the hotline telephone number
established under subsection (a) on--
``(1) prominently displayed signs of the carrier at the
airport ticket counters in the United States where the air
carrier operates; and
``(2) any electronic confirmation of the purchase of a
passenger ticket for air transportation issued by the air
carrier.
``Sec. 42303. Use of insecticides in passenger aircraft
``(a) Information To Be Provided on the Internet.--The Secretary of
Transportation shall establish, and make available to the general
public, an Internet Web site that contains a listing of countries that
may require an air carrier or foreign air carrier to treat an aircraft
passenger cabin with insecticides prior to a flight in foreign air
transportation to that country or to apply an aerosol insecticide in an
aircraft cabin used for such a flight when the cabin is occupied with
passengers.
``(b) Required Disclosures.--An air carrier, foreign air carrier, or
ticket agent selling, in the United States, a ticket for a flight in
foreign air transportation to a country listed on the Internet Web site
established under subsection (a) shall refer the purchaser of the
ticket to the Internet Web site established under subsection (a) for
additional information.''.
(b) Penalties.--Section 46301 is amended in subsections (a)(1)(A) and
(c)(1)(A) by inserting ``chapter 423,'' after ``chapter 421,''.
(c) Applicability of Requirements.--Except as otherwise provided, the
requirements of chapter 423 of title 49, United States Code, as added
by this section, shall begin to apply 60 days after the date of
enactment of this Act.
(d) Clerical Amendment.--The analysis for subtitle VII is amended by
inserting after the item relating to chapter 421 the following:
``423. Passenger Air Service Improvements................... 42301''.
SEC. 426. AIRFARES FOR MEMBERS OF THE ARMED FORCES.
(a) Findings.--Congress finds that--
(1) the Armed Forces is comprised of approximately 1,450,000
members who are stationed on active duty at more than 6,000
military bases in 146 different countries;
(2) the United States is indebted to the members of the Armed
Forces, many of whom are in grave danger due to their
engagement in, or exposure to, combat;
(3) military service, especially in the current war against
terrorism, often requires members of the Armed Forces to be
separated from their families on short notice, for long periods
of time, and under very stressful conditions;
(4) the unique demands of military service often preclude
members of the Armed Forces from purchasing discounted advance
airline tickets in order to visit their loved ones at home; and
(5) it is the patriotic duty of the people of the United
States to support the members of the Armed Forces who are
defending the Nation's interests around the world at great
personal sacrifice.
(b) Sense of Congress.--It is the sense of Congress that--
(1) all United States commercial air carriers should seek to
lend their support with flexible, generous policies applicable
to members of the Armed Forces who are traveling on leave or
liberty at their own expense; and
(2) each United States air carrier, for all members of the
Armed Forces who have been granted leave or liberty and who are
traveling by air at their own expense, should--
(A) seek to provide reduced air fares that are
comparable to the lowest airfare for ticketed flights
and that eliminate to the maximum extent possible
advance purchase requirements;
(B) seek to eliminate change fees or charges and any
penalties;
(C) seek to eliminate or reduce baggage and excess
weight fees;
(D) offer flexible terms that allow members to
purchase, modify, or cancel tickets without time
restrictions, and to waive fees (including baggage
fees), ancillary costs, or penalties; and
(E) seek to take proactive measures to ensure that
all airline employees, particularly those who issue
tickets and respond to members of the Armed Forces and
their family members, are trained in the policies of
the airline aimed at benefitting members of the Armed
Forces who are on leave.
SEC. 427. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, AND
ASSOCIATED CAUSES.
(a) Review.--The Inspector General of the Department of
Transportation shall conduct a review regarding air carrier flight
delays, cancellations, and associated causes to update its 2000 report
numbered CR-2000-112 and titled ``Audit of Air Carrier Flight Delays
and Cancellations''.
(b) Assessments.--In conducting the review under subsection (a), the
Inspector General shall assess--
(1) the need for an update on delay and cancellation
statistics, including with respect to the number of chronically
delayed flights and taxi-in and taxi-out times;
(2) air carriers' scheduling practices;
(3) the need for a reexamination of capacity benchmarks at
the Nation's busiest airports;
(4) the impact of flight delays and cancellations on air
travelers, including recommendations for programs that could be
implemented to address the impact of flight delays on air
travelers;
(5) the effect that limited air carrier service options on
routes have on the frequency of delays and cancellations on
such routes;
(6) the effect of the rules and regulations of the Department
of Transportation on the decisions of air carriers to delay or
cancel flights; and
(7) the impact of flight delays and cancellations on the
airline industry.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Inspector General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the review conducted under this section,
including the assessments described in subsection (b).
SEC. 428. DENIED BOARDING COMPENSATION.
(a) Evaluation of Denied Boarding Compensation.--Not later than 6
months after the date of enactment of this Act, and every 2 years
thereafter, the Secretary of Transportation shall evaluate the amount
provided by air carriers for denied boarding compensation.
(b) Adjustment of Amount.--If, upon completing an evaluation required
under subsection (a), the Secretary determines that the amount provided
for denied boarding compensation should be adjusted, the Secretary
shall issue a regulation to adjust such compensation.
SEC. 429. COMPENSATION FOR DELAYED BAGGAGE.
(a) Study.--The Comptroller General shall conduct a study to--
(1) examine delays in the delivery of checked baggage to
passengers of air carriers; and
(2) assess the options for and examine the impact of
establishing minimum standards to compensate a passenger in the
case of an unreasonable delay in the delivery of checked
baggage.
(b) Consideration.--In conducting the study, the Comptroller General
shall take into account the additional fees for checked baggage that
are imposed by many air carriers and how the additional fees should
improve an air carrier's baggage performance.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall transmit to Congress a report
on the results of the study.
SEC. 430. SCHEDULE REDUCTION.
(a) In General.--If the Administrator of the Federal Aviation
Administration determines that--
(1) the aircraft operations of air carriers during any hour
at an airport exceed the hourly maximum departure and arrival
rate established by the Administrator for such operations; and
(2) the operations in excess of the maximum departure and
arrival rate for such hour at such airport are likely to have a
significant adverse effect on the safe and efficient use of
navigable airspace,
the Administrator shall convene a meeting of such carriers to reduce
pursuant to section 41722 of title 49, United States Code, on a
voluntary basis, the number of such operations so as not to exceed the
maximum departure and arrival rate.
(b) No Agreement.--If the air carriers participating in a meeting
with respect to an airport under subsection (a) are not able to agree
to a reduction in the number of flights to and from the airport so as
not to exceed the maximum departure and arrival rate, the Administrator
shall take such action as is necessary to ensure such reduction is
implemented.
SEC. 431. DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.
The Secretary of Transportation may investigate consumer complaints
regarding--
(1) flight cancellations;
(2) compliance with Federal regulations concerning
overbooking seats on flights;
(3) lost, damaged, or delayed baggage, and difficulties with
related airline claims procedures;
(4) problems in obtaining refunds for unused or lost tickets
or fare adjustments;
(5) incorrect or incomplete information about fares, discount
fare conditions and availability, overcharges, and fare
increases;
(6) the rights of passengers who hold frequent flyer miles or
equivalent redeemable awards earned through customer-loyalty
programs; and
(7) deceptive or misleading advertising.
SEC. 432. STUDY OF OPERATORS REGULATED UNDER PART 135.
(a) Study Required.--The Administrator of the Federal Aviation
Administration, in consultation with interested parties, shall conduct
a study of operators regulated under part 135 of title 14, Code of
Federal Regulations.
(b) Contents.--In conducting the study under subsection (a), the
Administrator shall analyze the part 135 fleet in the United States,
which shall include analysis of--
(1) the size and type of aircraft in the fleet;
(2) the equipment utilized by the fleet;
(3) the hours flown each year by the fleet;
(4) the utilization rates with respect to the fleet;
(5) the safety record of various categories of use and
aircraft types with respect to the fleet, through a review of
the database of the National Transportation Safety Board;
(6) the sales revenues of the fleet; and
(7) the number of passengers and airports served by the
fleet.
(c) Report.--
(1) Initial report.--Not later than 18 months after the date
of enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study conducted under subsection (a).
(2) Updates.--Not later than 3 years after the date of the
submission of the report required under paragraph (1), and
every 2 years thereafter, the Administrator shall update the
report required under that paragraph and submit the updated
report to the committees specified in that paragraph.
SEC. 433. USE OF CELL PHONES ON PASSENGER AIRCRAFT.
(a) Cell Phone Study.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall conduct a study on the impact of the use of cell
phones for voice communications in an aircraft during a flight in
scheduled passenger air transportation where currently permitted by
foreign governments in foreign air transportation.
(b) Contents.--The study shall include--
(1) a review of foreign government and air carrier policies
on the use of cell phones during flight;
(2) a review of the extent to which passengers use cell
phones for voice communications during flight; and
(3) a summary of any impacts of cell phone use during flight
on safety, the quality of the flight experience of passengers,
and flight attendants.
(c) Comment Period.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall publish in the Federal
Register the results of the study and allow 60 days for public comment.
(d) Cell Phone Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study.
TITLE V--ENVIRONMENTAL STREAMLINING
SEC. 501. OVERFLIGHTS OF NATIONAL PARKS.
(a) General Requirements.--Section 40128(a)(1)(C) is amended by
inserting ``or voluntary agreement under subsection (b)(7)'' before
``for the park''.
(b) Exemption for National Parks With 50 or Fewer Flights Each
Year.--Section 40128(a) is amended by adding at the end the following:
``(5) Exemption for national parks with 50 or fewer flights
each year.--
``(A) In general.--Notwithstanding paragraph (1), a
national park that has 50 or fewer commercial air tour
operations over the park each year shall be exempt from
the requirements of this section, except as provided in
subparagraph (B).
``(B) Withdrawal of exemption.--If the Director
determines that an air tour management plan or
voluntary agreement is necessary to protect park
resources and values or park visitor use and enjoyment,
the Director shall withdraw the exemption of a park
under subparagraph (A).
``(C) List of parks.--
``(i) In general.--The Director and
Administrator shall jointly publish a list each
year of national parks that are covered by the
exemption provided under this paragraph.
``(ii) Notification of withdrawal of
exemption.--The Director shall inform the
Administrator, in writing, of each
determination to withdraw an exemption under
subparagraph (B).
``(D) Annual report.--A commercial air tour operator
conducting commercial air tour operations over a
national park that is exempt from the requirements of
this section shall submit to the Administrator and the
Director a report each year that includes the number of
commercial air tour operations the operator conducted
during the preceding one-year period over such park.''.
(c) Air Tour Management Plans.--Section 40128(b) is amended by adding
at the end the following:
``(7) Voluntary agreements.--
``(A) In general.--As an alternative to an air tour
management plan, the Director and the Administrator may
enter into a voluntary agreement with a commercial air
tour operator (including a new entrant commercial air
tour operator and an operator that has interim
operating authority) that has applied to conduct
commercial air tour operations over a national park to
manage commercial air tour operations over such
national park.
``(B) Park protection.--A voluntary agreement under
this paragraph with respect to commercial air tour
operations over a national park shall address the
management issues necessary to protect the resources of
such park and visitor use of such park without
compromising aviation safety or the air traffic control
system and may--
``(i) include provisions such as those
described in subparagraphs (B) through (E) of
paragraph (3);
``(ii) include provisions to ensure the
stability of, and compliance with, the
voluntary agreement; and
``(iii) provide for fees for such operations.
``(C) Public.--The Director and the Administrator
shall provide an opportunity for public review of a
proposed voluntary agreement under this paragraph and
shall consult with any Indian tribe whose tribal lands
are, or may be, flown over by a commercial air tour
operator under a voluntary agreement under this
paragraph. After such opportunity for public review and
consultation, the voluntary agreement may be
implemented without further administrative or
environmental process beyond that described in this
subsection.
``(D) Termination.--
``(i) In general.--A voluntary agreement
under this paragraph may be terminated at any
time at the discretion of--
``(I) the Director, if the Director
determines that the agreement is not
adequately protecting park resources or
visitor experiences; or
``(II) the Administrator, if the
Administrator determines that the
agreement is adversely affecting
aviation safety or the national
aviation system.
``(ii) Effect of termination.--If a voluntary
agreement with respect to a national park is
terminated under this subparagraph, the
operators shall conform to the requirements for
interim operating authority under subsection
(c) until an air tour management plan for the
park is in effect.''.
(d) Interim Operating Authority.--Section 40128(c) is amended--
(1) by striking paragraph (2)(I) and inserting the following:
``(I) may allow for modifications of the interim
operating authority without further environmental
review beyond that described in this subsection, if--
``(i) adequate information regarding the
existing and proposed operations of the
operator under the interim operating authority
is provided to the Administrator and the
Director;
``(ii) the Administrator determines that
there would be no adverse impact on aviation
safety or the air traffic control system; and
``(iii) the Director agrees with the
modification, based on the professional
expertise of the Director regarding the
protection of the resources, values, and
visitor use and enjoyment of the park.''; and
(2) in paragraph (3)(A) by striking ``if the Administrator
determines'' and all that follows through the period at the end
and inserting ``without further environmental process beyond
that described in this paragraph, if--
``(i) adequate information on the proposed
operations of the operator is provided to the
Administrator and the Director by the operator
making the request;
``(ii) the Administrator agrees that there
would be no adverse impact on aviation safety
or the air traffic control system; and
``(iii) the Director agrees, based on the
Director's professional expertise regarding the
protection of park resources and values and
visitor use and enjoyment.''.
(e) Operator Reports.--Section 40128 is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Commercial Air Tour Operator Reports.--
``(1) Report.--Each commercial air tour operator conducting a
commercial air tour operation over a national park under
interim operating authority granted under subsection (c) or in
accordance with an air tour management plan or voluntary
agreement under subsection (b) shall submit to the
Administrator and the Director a report regarding the number of
commercial air tour operations over each national park that are
conducted by the operator and such other information as the
Administrator and Director may request in order to facilitate
administering the provisions of this section.
``(2) Report submission.--Not later than 90 days after the
date of enactment of the FAA Reauthorization and Reform Act of
2011, the Administrator and the Director shall jointly issue an
initial request for reports under this subsection. The reports
shall be submitted to the Administrator and the Director with a
frequency and in a format prescribed by the Administrator and
the Director.''.
SEC. 502. STATE BLOCK GRANT PROGRAM.
(a) General Requirements.--Section 47128(a) is amended--
(1) in the first sentence by striking ``prescribe
regulations'' and inserting ``issue guidance''; and
(2) in the second sentence by striking ``regulations'' and
inserting ``guidance''.
(b) Applications and Selection.--Section 47128(b)(4) is amended by
inserting before the semicolon the following: ``, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
State and local environmental policy acts, Executive orders, agency
regulations and guidance, and other Federal environmental
requirements''.
(c) Environmental Analysis and Coordination Requirements.--Section
47128 is amended by adding at the end the following:
``(d) Environmental Analysis and Coordination Requirements.--A
Federal agency, other than the Federal Aviation Administration, that is
responsible for issuing an approval, license, or permit to ensure
compliance with a Federal environmental requirement applicable to a
project or activity to be carried out by a State using amounts from a
block grant made under this section shall--
``(1) coordinate and consult with the State;
``(2) use the environmental analysis prepared by the State
for the project or activity if such analysis is adequate; and
``(3) as necessary, consult with the State to describe the
supplemental analysis the State must provide to meet applicable
Federal requirements.''.
SEC. 503. NEXTGEN ENVIRONMENTAL EFFICIENCY PROJECTS STREAMLINING.
(a) Aviation Project Review Process.--Section 47171(a) is amended in
the matter preceding paragraph (1) by striking ``and aviation security
projects'' and inserting ``aviation security projects, and NextGen
environmental efficiency projects''.
(b) Aviation Projects Subject to a Streamlined Environmental Review
Process.--Section 47171(b) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Airport capacity enhancement projects at congested
airports and certain nextgen environmental efficiency
projects.--The following projects shall be subject to the
coordinated and expedited environmental review process
requirements set forth in this section:
``(A) An airport capacity enhancement project at a
congested airport.
``(B) A NextGen environmental efficiency project at
an Operational Evolution Partnership airport or any
congested airport.''; and
(2) in paragraph (2)--
(A) in the heading by striking ``and aviation
security projects'' and inserting ``projects, aviation
security projects, and any nextgen environmental
efficiency projects'';
(B) in subparagraph (A) by striking ``or aviation
security project'' and inserting ``, an aviation
security project, or any NextGen environmental
efficiency project''; and
(C) in subparagraph (B) by striking ``or aviation
security project'' and inserting ``, aviation security
project, or NextGen environmental efficiency project''.
(c) High Priority for Environmental Reviews.--Section 47171(c)(1) is
amended by striking ``an airport capacity enhancement project at a
congested airport'' and inserting ``a project described in subsection
(b)(1)''.
(d) Identification of Jurisdictional Agencies.--Section 47171(d) is
amended by striking ``each airport capacity enhancement project at a
congested airport'' and inserting ``a project described in subsection
(b)(1)''.
(e) Lead Agency Responsibility.--Section 47171(h) is amended by
striking ``airport capacity enhancement projects at congested
airports'' and inserting ``projects described in subsection (b)(1)''.
(f) Alternatives Analysis.--Section 47171(k) is amended by striking
``an airport capacity enhancement project at a congested airport'' and
inserting ``a project described in subsection (b)(1)''.
(g) Definitions.--Section 47171 is amended by adding at the end the
following:
``(n) Definitions.--In this section, the following definitions apply:
``(1) Congested airport.--The term `congested airport' means
an airport that accounted for at least one percent of all
delayed aircraft operations in the United States in the most
recent year for which data is available and an airport listed
in table 1 of the Federal Aviation Administration's Airport
Capacity Benchmark Report 2004.
``(2) Nextgen environmental efficiency project.--The term
`NextGen environmental efficiency project' means a Next
Generation Air Transportation System aviation project that--
``(A) develops and certifies performance-based
navigation procedures; or
``(B) develops other environmental mitigation
projects the Secretary may designate as facilitating a
reduction in noise, fuel consumption, or emissions from
air traffic operations.
``(3) Performance-based navigation.--The term `performance-
based navigation' means a framework for defining performance
requirements in navigation specifications that--
``(A) can be applied to an air traffic route,
instrument procedure, or defined airspace; or
``(B) provides a basis for the design and
implementation of automated flight paths, airspace
design, and obstacle clearance.''.
SEC. 504. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.
Section 47173(a) is amended by striking ``services of consultants in
order to'' and all that follows through the period at the end and
inserting ``services of consultants--
``(1) to facilitate the timely processing, review, and
completion of environmental activities associated with an
airport development project;
``(2) to conduct special environmental studies related to an
airport project funded with Federal funds;
``(3) to conduct special studies or reviews to support
approved noise compatibility measures described in part 150 of
title 14, Code of Federal Regulations;
``(4) to conduct special studies or reviews to support
environmental mitigation in a record of decision or finding of
no significant impact by the Federal Aviation Administration;
and
``(5) to facilitate the timely processing, review, and
completion of environmental activities associated with new or
amended flight procedures, including performance-based
navigation procedures, such as required navigation performance
procedures and area navigation procedures.''.
SEC. 505. NOISE COMPATIBILITY PROGRAMS.
Section 47504(a)(2) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(D);
(2) by striking ``operations.'' in subparagraph (E) and
inserting ``operations; and''; and
(3) by adding at the end the following:
``(F) conducting comprehensive land use planning (including
master plans, traffic studies, environmental evaluation, and
economic and feasibility studies), jointly with neighboring
local jurisdictions undertaking community redevelopment in an
area in which land or other property interests have been
acquired by the operator pursuant to this section, to encourage
and enhance redevelopment opportunities that reflect zoning and
uses that will prevent the introduction of additional
incompatible uses and enhance redevelopment potential.''.
SEC. 506. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES.
Section 47504 is amended by adding at the end the following:
``(e) Grants for Assessment of Flight Procedures.--
``(1) In general.--In accordance with subsection (c)(1), the
Secretary may make a grant to an airport operator to assist in
completing environmental review and assessment activities for
proposals to implement flight procedures at such airport that
have been approved as part of an airport noise compatibility
program under subsection (b).
``(2) Additional staff.--The Administrator may accept funds
from an airport operator, including funds provided to the
operator under paragraph (1), to hire additional staff or
obtain the services of consultants in order to facilitate the
timely processing, review, and completion of environmental
activities associated with proposals to implement flight
procedures at such airport that have been approved as part of
an airport noise compatibility program under subsection (b).
``(3) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any funds accepted
under this section--
``(A) shall be credited as offsetting collections to
the account that finances the activities and services
for which the funds are accepted;
``(B) shall be available for expenditure only to pay
the costs of activities and services for which the
funds are accepted; and
``(C) shall remain available until expended.''.
SEC. 507. DETERMINATION OF FAIR MARKET VALUE OF RESIDENTIAL PROPERTIES.
Section 47504 (as amended by this Act) is further amended by adding
at the end the following:
``(f) Determination of Fair Market Value of Residential Properties.--
In approving a project to acquire residential real property using
financial assistance made available under this section or chapter 471,
the Secretary shall ensure that the appraisal of the property to be
acquired disregards any decrease or increase in the fair market value
of the real property caused by the project for which the property is to
be acquired, or by the likelihood that the property would be acquired
for the project, other than that due to physical deterioration within
the reasonable control of the owner.''.
SEC. 508. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 75,000
POUNDS OR LESS NOT COMPLYING WITH STAGE 3 NOISE
LEVELS.
(a) In General.--Subchapter II of chapter 475 is amended by adding at
the end the following:
``Sec. 47534. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise
levels
``(a) Prohibition.--Except as otherwise provided by this section,
after December 31, 2014, a person may not operate a civil subsonic jet
airplane with a maximum weight of 75,000 pounds or less, and for which
an airworthiness certificate (other than an experimental certificate)
has been issued, to or from an airport in the United States unless the
Secretary of Transportation finds that the aircraft complies with stage
3 noise levels.
``(b) Aircraft Operations Outside 48 Contiguous States.--Subsection
(a) shall not apply to aircraft operated only outside the 48 contiguous
States.
``(c) Temporary Operations.--The Secretary may allow temporary
operation of an aircraft otherwise prohibited from operation under
subsection (a) to or from an airport in the contiguous United States by
granting a special flight authorization for one or more of the
following circumstances:
``(1) To sell, lease, or use the aircraft outside the 48
contiguous States.
``(2) To scrap the aircraft.
``(3) To obtain modifications to the aircraft to meet stage 3
noise levels.
``(4) To perform scheduled heavy maintenance or significant
modifications on the aircraft at a maintenance facility located
in the contiguous 48 States.
``(5) To deliver the aircraft to an operator leasing the
aircraft from the owner or return the aircraft to the lessor.
``(6) To prepare, park, or store the aircraft in anticipation
of any of the activities described in paragraphs (1) through
(5).
``(7) To provide transport of persons and goods in the relief
of an emergency situation.
``(8) To divert the aircraft to an alternative airport in the
48 contiguous States on account of weather, mechanical, fuel,
air traffic control, or other safety reasons while conducting a
flight in order to perform any of the activities described in
paragraphs (1) through (7).
``(d) Regulations.--The Secretary may prescribe such regulations or
other guidance as may be necessary for the implementation of this
section.
``(e) Statutory Construction.--
``(1) AIP grant assurances.--Noncompliance with subsection
(a) shall not be construed as a violation of section 47107 or
any regulations prescribed thereunder.
``(2) Pending applications.--Nothing in this section may be
construed as interfering with, nullifying, or otherwise
affecting determinations made by the Federal Aviation
Administration, or to be made by the Administration, with
respect to applications under part 161 of title 14, Code of
Federal Regulations, that were pending on the date of enactment
of this section.''.
(b) Conforming Amendments.--
(1) Section 47531 is amended--
(A) in the section heading by striking ``for
violating sections 47528-47530''; and
(B) by striking ``47529, or 47530'' and inserting
``47529, 47530, or 47534''.
(2) Section 47532 is amended by inserting ``or 47534'' after
``47528-47531''.
(3) The analysis for subchapter II of chapter 475 is
amended--
(A) by striking the item relating to section 47531
and inserting the following:
``47531. Penalties.''; and
(B) by adding at the end the following:
``47534. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise levels.''.
SEC. 509. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall carry out a
pilot program at not more than 5 public-use airports under which the
Federal Aviation Administration shall use funds made available under
section 48101(a) to test air traffic flow management tools,
methodologies, and procedures that will allow air traffic controllers
of the Administration to better manage the flow of aircraft on the
ground and reduce the length of ground holds and idling time for
aircraft.
(b) Selection Criteria.--In selecting from among airports at which to
conduct the pilot program, the Secretary shall give priority
consideration to airports at which improvements in ground control
efficiencies are likely to achieve the greatest fuel savings or air
quality or other environmental benefits, as measured by the amount of
reduced fuel, reduced emissions, or other environmental benefits per
dollar of funds expended under the pilot program.
(c) Maximum Amount.--Not more than a total of $2,500,000 may be
expended under the pilot program at any single public-use airport.
SEC. 510. HIGH PERFORMANCE, SUSTAINABLE, AND COST-EFFECTIVE AIR TRAFFIC
CONTROL FACILITIES.
The Administrator of the Federal Aviation Administration may
implement, to the extent practicable, sustainable practices for the
incorporation of energy-efficient design, equipment, systems, and other
measures in the construction and major renovation of air traffic
control facilities of the Administration in order to reduce energy
consumption at, improve the environmental performance of, and reduce
the cost of maintenance for such facilities.
SEC. 511. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the European Union directive extending the European
Union's emissions trading proposal to international civil
aviation without working through the International Civil
Aviation Organization (in this section referred to as the
``ICAO'') in a consensus-based fashion is inconsistent with the
Convention on International Civil Aviation, completed in
Chicago on December 7, 1944 (TIAS 1591; commonly known as the
``Chicago Convention''), and other relevant air services
agreements and antithetical to building international
cooperation to address effectively the problem of greenhouse
gas emissions by aircraft engaged in international civil
aviation; and
(2) the European Union and its member states should instead
work with other contracting states of ICAO to develop a
consensual approach to addressing aircraft greenhouse gas
emissions through ICAO.
SEC. 512. AVIATION NOISE COMPLAINTS.
(a) Telephone Number Posting.--Not later than 90 days after the date
of enactment of this Act, each owner or operator of a large hub airport
(as defined in section 40102(a) of title 49, United States Code) shall
publish on an Internet Web site of the airport a telephone number to
receive aviation noise complaints related to the airport.
(b) Summaries and Reports.--Not later than 15 months after the date
of enactment of this Act, and annually thereafter, an owner or operator
that receives noise complaints from 25 individuals during the preceding
year under subsection (a) shall submit to the Administrator of the
Federal Aviation Administration a report regarding the number of
complaints received and a summary regarding the nature of such
complaints. The Administrator shall make such information available to
the public by electronic means.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.
(a) Dispute Resolution.--Section 40122(a) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(2) by striking paragraph (2) and inserting the following:
``(2) Dispute resolution.--
``(A) Mediation.--If the Administrator does not reach
an agreement under paragraph (1) or the provisions
referred to in subsection (g)(2)(C) with the exclusive
bargaining representative of the employees, the
Administrator and the bargaining representative--
``(i) shall use the services of the Federal
Mediation and Conciliation Service to attempt
to reach such agreement in accordance with part
1425 of title 29, Code of Federal Regulations
(as in effect on the date of enactment of the
FAA Reauthorization and Reform Act of 2011); or
``(ii) may by mutual agreement adopt
alternative procedures for the resolution of
disputes or impasses arising in the negotiation
of the collective-bargaining agreement.
``(B) Mid-term bargaining.--If the services of the
Federal Mediation and Conciliation Service under
subparagraph (A)(i) do not lead to the resolution of
issues in controversy arising from the negotiation of a
mid-term collective-bargaining agreement, the Federal
Service Impasses Panel shall assist the parties in
resolving the impasse in accordance with section 7119
of title 5.
``(C) Binding arbitration for term bargaining.--
``(i) Assistance from federal service
impasses panel.--If the services of the Federal
Mediation and Conciliation Service under
subparagraph (A)(i) do not lead to the
resolution of issues in controversy arising
from the negotiation of a term collective-
bargaining agreement, the Administrator and the
exclusive bargaining representative of the
employees (in this subparagraph referred to as
the `parties') shall submit their issues in
controversy to the Federal Service Impasses
Panel. The Panel shall assist the parties in
resolving the impasse by asserting jurisdiction
and ordering binding arbitration by a private
arbitration board consisting of 3 members.
``(ii) Appointment of arbitration board.--The
Executive Director of the Panel shall provide
for the appointment of the 3 members of a
private arbitration board under clause (i) by
requesting the Director of the Federal
Mediation and Conciliation Service to prepare a
list of not less than 15 names of arbitrators
with Federal sector experience and by providing
the list to the parties. Not later than 10 days
after receiving the list, the parties shall
each select one person from the list. The 2
arbitrators selected by the parties shall then
select a third person from the list not later
than 7 days after being selected. If either of
the parties fails to select a person or if the
2 arbitrators are unable to agree on the third
person in 7 days, the parties shall make the
selection by alternately striking names on the
list until one arbitrator remains.
``(iii) Framing issues in controversy.--If
the parties do not agree on the framing of the
issues to be submitted for arbitration, the
arbitration board shall frame the issues.
``(iv) Hearings.--The arbitration board shall
give the parties a full and fair hearing,
including an opportunity to present evidence in
support of their claims and an opportunity to
present their case in person, by counsel, or by
other representative as they may elect.
``(v) Decisions.--The arbitration board shall
render its decision within 90 days after the
date of its appointment. Decisions of the
arbitration board shall be conclusive and
binding upon the parties.
``(vi) Matters for consideration.--The
arbitration board shall take into consideration
such factors as--
``(I) the effect of its arbitration
decisions on the Federal Aviation
Administration's ability to attract and
retain a qualified workforce;
``(II) the effect of its arbitration
decisions on the Federal Aviation
Administration's budget;
``(III) the effect of its arbitration
decisions on other Federal Aviation
Administration employees; and
``(IV) any other factors whose
consideration would assist the board in
fashioning a fair and equitable award.
``(vii) Costs.--The parties shall share costs
of the arbitration equally.
``(3) Ratification of agreements.--Upon reaching a voluntary
agreement or at the conclusion of the binding arbitration under
paragraph (2)(C), the final agreement, except for those matters
decided by an arbitration board, shall be subject to
ratification by the exclusive bargaining representative of the
employees, if so requested by the bargaining representative,
and the final agreement shall be subject to approval by the
head of the agency in accordance with the provisions referred
to in subsection (g)(2)(C).''.
SEC. 602. PRESIDENTIAL RANK AWARD PROGRAM.
Section 40122(g)(2) is amended--
(1) in subparagraph (G) by striking ``and'' after the
semicolon;
(2) in subparagraph (H) by striking ``Board.'' and inserting
``Board; and''; and
(3) by adding at the end the following:
``(I) subsections (b), (c), and (d) of section 4507
(relating to Meritorious Executive or Distinguished
Executive rank awards) and subsections (b) and (c) of
section 4507a (relating to Meritorious Senior
Professional or Distinguished Senior Professional rank
awards), except that--
``(i) for purposes of applying such
provisions to the personnel management system--
``(I) the term `agency' means the
Department of Transportation;
``(II) the term `senior executive'
means a Federal Aviation Administration
executive;
``(III) the term `career appointee'
means a Federal Aviation Administration
career executive; and
``(IV) the term `senior career
employee' means a Federal Aviation
Administration career senior
professional;
``(ii) receipt by a career appointee or a
senior career employee of the rank of
Meritorious Executive or Meritorious Senior
Professional entitles the individual to a lump-
sum payment of an amount equal to 20 percent of
annual basic pay, which shall be in addition to
the basic pay paid under the Federal Aviation
Administration Executive Compensation Plan; and
``(iii) receipt by a career appointee or a
senior career employee of the rank of
Distinguished Executive or Distinguished Senior
Professional entitles the individual to a lump-
sum payment of an amount equal to 35 percent of
annual basic pay, which shall be in addition to
the basic pay paid under the Federal Aviation
Administration Executive Compensation Plan.''.
SEC. 603. FAA TECHNICAL TRAINING AND STAFFING.
(a) Study.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall conduct a study to assess the adequacy of
the Administrator's technical training strategy and improvement
plan for airway transportation systems specialists (in this
section referred to as ``FAA systems specialists'').
(2) Contents.--The study shall include--
(A) a review of the current technical training
strategy and improvement plan for FAA systems
specialists;
(B) recommendations to improve the technical training
strategy and improvement plan needed by FAA systems
specialists to be proficient in the maintenance of the
latest technologies;
(C) a description of actions that the Administration
has undertaken to ensure that FAA systems specialists
receive up-to-date training on the latest technologies;
and
(D) a recommendation regarding the most cost-
effective approach to provide training to FAA systems
specialists.
(3) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
(b) Workload of Systems Specialists.--
(1) Study by national academy of sciences.--Not later than 90
days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration shall make appropriate
arrangements for the National Academy of Sciences to conduct a
study of the assumptions and methods used by the Federal
Aviation Administration to estimate staffing needs for FAA
systems specialists to ensure proper maintenance and
certification of the national airspace system in the most cost
effective manner.
(2) Consultation.--In conducting the study, the National
Academy of Sciences shall interview interested parties,
including labor, government, and industry representatives.
(3) Report.--Not later than one year after the initiation of
the arrangements under paragraph (1), the National Academy of
Sciences shall submit to Congress a report on the results of
the study.
SEC. 604. SAFETY CRITICAL STAFFING.
(a) In General.--Not later than October 1, 2011, the Administrator of
the Federal Aviation Administration shall implement, to the extent
practicable and in a cost-effective manner, the staffing model for
aviation safety inspectors developed pursuant to the National Academy
of Sciences study entitled ``Staffing Standards for Aviation Safety
Inspectors''. In doing so, the Administrator shall consult with
interested persons, including aviation safety inspectors.
(b) Report.--Not later than October 1 of each fiscal year beginning
after September 30, 2011, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, the staffing model described in
subsection (a).
(c) Safety Critical Positions Defined.--In this section, the term
``safety critical positions'' means--
(1) aviation safety inspectors, safety technical specialists,
and operational support positions in the Flight Standards
Service (as such terms are used in the Administration's fiscal
year 2011 congressional budget justification); and
(2) manufacturing safety inspectors, pilots, engineers, chief
scientific and technical advisors, safety technical
specialists, and operational support positions in the Aircraft
Certification Service (as such terms are used in the
Administration's fiscal year 2011 congressional budget
justification).
SEC. 605. FAA AIR TRAFFIC CONTROLLER STAFFING.
(a) Study by National Academy of Sciences.--Not later than 90 days
after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall enter into appropriate
arrangements with the National Academy of Sciences to conduct a study
of the air traffic controller standards used by the Federal Aviation
Administration (in this section referred to as the ``FAA'') to estimate
staffing needs for FAA air traffic controllers to ensure the safe
operation of the national airspace system in the most cost effective
manner.
(b) Consultation.--In conducting the study, the National Academy of
Sciences shall interview interested parties, including employee,
Government, and industry representatives.
(c) Contents.--The study shall include--
(1) an examination of representative information on
productivity, human factors, traffic activity, and improved
technology and equipment used in air traffic control;
(2) an examination of recent National Academy of Sciences
reviews of the complexity model performed by MITRE Corporation
that support the staffing standards models for the en route air
traffic control environment; and
(3) consideration of the Administration's current and
estimated budgets and the most cost-effective staffing model to
best leverage available funding.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the National Academy of Sciences shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the study.
SEC. 606. AIR TRAFFIC CONTROL SPECIALIST QUALIFICATION TRAINING.
Section 44506 is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Air Traffic Control Specialist Qualification Training.--
``(1) Appointment of air traffic control specialists.--The
Administrator is authorized to appoint a qualified air traffic
control specialist candidate for placement in an airport
traffic control facility if the candidate has--
``(A) received a control tower operator certification
(referred to in this subsection as a `CTO'
certificate); and
``(B) satisfied all other applicable qualification
requirements for an air traffic control specialist
position.
``(2) Compensation and benefits.--An individual appointed
under paragraph (1) shall receive the same compensation and
benefits, and be treated in the same manner as, any other
individual appointed as a developmental air traffic controller.
``(3) Report.--Not later than 18 months after the date of
enactment of the FAA Reauthorization and Reform Act of 2011,
the Administrator shall submit to Congress a report that
evaluates the effectiveness of the air traffic control
specialist qualification training provided pursuant to this
section, including the graduation rates of candidates who
received a CTO certificate and are working in airport traffic
control facilities.
``(4) Additional appointments.--If the Administrator
determines that air traffic control specialists appointed
pursuant to this subsection are more successful in carrying out
the duties of an air traffic controller than air traffic
control specialists hired from the general public without any
such certification, the Administrator shall increase the number
of appointments of candidates who possess such certification.
``(5) Reimbursement for travel expenses associated with
certifications.--
``(A) In general.--Subject to subparagraph (B), the
Administrator may accept reimbursement from an
educational entity that provides training to an air
traffic control specialist candidate to cover
reasonable travel expenses of the Administrator
associated with issuing certifications to such
candidates.
``(B) Treatment of reimbursements.--Notwithstanding
section 3302 of title 31, any reimbursement authorized
to be collected under subparagraph (A) shall--
``(i) be credited as offsetting collections
to the account that finances the activities and
services for which the reimbursement is
accepted;
``(ii) be available for expenditure only to
pay the costs of activities and services for
which the reimbursement is accepted, including
all costs associated with collecting such
reimbursement; and
``(iii) remain available until expended.''.
SEC. 607. ASSESSMENT OF TRAINING PROGRAMS FOR AIR TRAFFIC CONTROLLERS.
(a) Study.--The Administrator of the Federal Aviation Administration
shall conduct a study to assess the adequacy of training programs for
air traffic controllers, including the Administrator's technical
training strategy and improvement plan for air traffic controllers.
(b) Contents.--The study shall include--
(1) a review of the current training system for air traffic
controllers, including the technical training strategy and
improvement plan;
(2) an analysis of the competencies required of air traffic
controllers for successful performance in the current and
future projected air traffic control environment;
(3) an analysis of the competencies projected to be required
of air traffic controllers as the Federal Aviation
Administration transitions to the Next Generation Air
Transportation System;
(4) an analysis of various training approaches available to
satisfy the controller competencies identified under paragraphs
(2) and (3);
(5) recommendations to improve the current training system
for air traffic controllers, including the technical training
strategy and improvement plan; and
(6) the most cost-effective approach to provide training to
air traffic controllers.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study.
SEC. 608. COLLEGIATE TRAINING INITIATIVE STUDY.
(a) Study.--The Comptroller General shall conduct a study on training
options for graduates of the Collegiate Training Initiative program (in
this section referred to as ``CTI'' programs) conducted under section
44506(c) of title 49, United States Code.
(b) Contents.--The study shall analyze the impact of providing as an
alternative to the current training provided at the Mike Monroney
Aeronautical Center of the Federal Aviation Administration a new
controller orientation session at the Mike Monroney Aeronautical Center
for graduates of CTI programs followed by on-the-job training for newly
hired air traffic controllers who are graduates of CTI programs and
shall include an analysis of--
(1) the cost effectiveness of such an alternative training
approach; and
(2) the effect that such an alternative training approach
would have on the overall quality of training received by
graduates of CTI programs.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study.
SEC. 609. FAA FACILITY CONDITIONS.
(a) Study.--The Comptroller General shall conduct a study of--
(1) the conditions of a sampling of Federal Aviation
Administration facilities across the United States, including
offices, towers, centers, and terminal radar air control;
(2) reports from employees of the Administration relating to
respiratory ailments and other health conditions resulting from
exposure to mold, asbestos, poor air quality, radiation, and
facility-related hazards in facilities of the Administration;
(3) conditions of such facilities that could interfere with
such employees' ability to effectively and safely perform their
duties;
(4) the ability of managers and supervisors of such employees
to promptly document and seek remediation for unsafe facility
conditions;
(5) whether employees of the Administration who report
facility-related illnesses are treated appropriately;
(6) utilization of scientifically approved remediation
techniques to mitigate hazardous conditions in accordance with
applicable State and local regulations and Occupational Safety
and Health Administration practices by the Administration; and
(7) resources allocated to facility maintenance and
renovation by the Administration.
(b) Facility Condition Indices.--The Comptroller General shall review
the facility condition indices of the Administration for inclusion in
the recommendations under subsection (c).
(c) Recommendations.--Based on the results of the study and review of
facility condition indices under subsection (a), the Comptroller
General shall make such recommendations as the Comptroller General
considers necessary to--
(1) prioritize those facilities needing the most immediate
attention based on risks to employee health and safety;
(2) ensure that the Administration is using scientifically
approved remediation techniques in all facilities; and
(3) assist the Administration in making programmatic changes
so that aging facilities do not deteriorate to unsafe levels.
(d) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General shall submit to the Administrator,
the Committee on Commerce, Science, and Transportation of the Senate,
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on results of the study, including the
recommendations under subsection (c).
SEC. 610. FRONTLINE MANAGER STAFFING.
(a) Study.--Not later than 45 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration
shall commission an independent study on frontline manager staffing
requirements in air traffic control facilities.
(b) Considerations.--In conducting the study, the Administrator may
take into consideration--
(1) the managerial tasks expected to be performed by
frontline managers, including employee development, management,
and counseling;
(2) the number of supervisory positions of operation
requiring watch coverage in each air traffic control facility;
(3) coverage requirements in relation to traffic demand;
(4) facility type;
(5) complexity of traffic and managerial responsibilities;
(6) proficiency and training requirements; and
(7) such other factors as the Administrator considers
appropriate.
(c) Participation.--The Administrator shall ensure the participation
of frontline managers who currently work in safety-related operational
areas of the Administration.
(d) Determinations.--The Administrator shall transmit any
determinations made as a result of the study to the heads of the
appropriate lines of business within the Administration, including the
Chief Operating Officer of the Air Traffic Organization.
(e) Report.--Not later than 9 months after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the study and a description of any
determinations submitted to the Chief Operating Officer under
subsection (c).
(f) Definition.--In this section, the term ``frontline manager''
means first-level, operational supervisors and managers who work in
safety-related operational areas of the Administration.
TITLE VII--AVIATION INSURANCE
SEC. 701. GENERAL AUTHORITY.
(a) Extension of Policies.--Section 44302(f)(1) is amended by
striking ``shall extend through'' and all that follows through ``the
termination date'' and inserting ``shall extend through September 30,
2013, and may extend through December 31, 2013, the termination date''.
(b) Successor Program.--Section 44302(f) is amended by adding at the
end the following:
``(3) Successor program.--
``(A) In general.--After December 31, 2021, coverage
for the risks specified in a policy that has been
extended under paragraph (1) shall be provided in an
airline industry sponsored risk retention or other
risk-sharing arrangement approved by the Secretary.
``(B) Transfer of premiums.--
``(i) In general.--On December 31, 2021, and
except as provided in clause (ii), premiums
collected by the Secretary from the airline
industry after September 22, 2001, for any
policy under this subsection, and interest
earned thereon, as determined by the Secretary,
shall be transferred to an airline industry
sponsored risk retention or other risk-sharing
arrangement approved by the Secretary.
``(ii) Determination of amount transferred.--
The amount transferred pursuant to clause (i)
shall be less--
``(I) the amount of any claims paid
out on such policies from September 22,
2001, through December 31, 2021;
``(II) the amount of any claims
pending under such policies as of
December 31, 2021; and
``(III) the cost, as determined by
the Secretary, of administering the
provision of insurance policies under
this chapter from September 22, 2001,
through December 31, 2021.''.
SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD-PARTY LIABILITY OF AIR
CARRIERS ARISING OUT OF ACTS OF TERRORISM.
The first sentence of section 44303(b) is amended by striking
``ending on'' and all that follows through ``the Secretary may
certify'' and inserting ``ending on December 31, 2013, the Secretary
may certify''.
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.
The second sentence of section 44304 is amended by striking ``the
carrier'' and inserting ``any insurance carrier''.
SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.
The second sentence of section 44308(c)(1) is amended by striking
``agent'' and inserting ``agent, or a claims adjuster who is
independent of the underwriting agent,''.
TITLE VIII--MISCELLANEOUS
SEC. 801. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST OF
NATIONAL SECURITY.
Section 40119(b) is amended by adding at the end the following:
``(4) Section 552a of title 5 shall not apply to disclosures that the
Administrator may make from the systems of records of the
Administration to any Federal law enforcement, intelligence, protective
service, immigration, or national security official in order to assist
the official receiving the information in the performance of official
duties.''.
SEC. 802. FAA ACCESS TO CRIMINAL HISTORY RECORDS AND DATABASE SYSTEMS.
(a) In General.--Chapter 401 is amended by adding at the end the
following:
``Sec. 40130. FAA access to criminal history records and database
systems
``(a) Access to Records and Database Systems.--
``(1) Access to information.--Notwithstanding section 534 of
title 28, and regulations issued to implement such section, the
Administrator of the Federal Aviation Administration may have
direct access to a system of documented criminal justice
information maintained by the Department of Justice or by a
State, but may do so only for the purpose of carrying out civil
and administrative responsibilities of the Administration to
protect the safety and security of the national airspace system
or to support the missions of the Department of Justice, the
Department of Homeland Security, and other law enforcement
agencies.
``(2) Release of information.--In accessing a system referred
to in paragraph (1), the Administrator shall be subject to the
same conditions and procedures established by the Department of
Justice or the State for other governmental agencies with
direct access to the system.
``(3) Limitation.--The Administrator may not use the direct
access authorized under paragraph (1) to conduct criminal
investigations.
``(b) Designated Employees.--The Administrator shall designate, by
order, employees of the Administration who shall carry out the
authority described in subsection (a). The designated employees may--
``(1) have direct access to and receive criminal history,
driver, vehicle, and other law enforcement information
contained in the law enforcement databases of the Department of
Justice, or any jurisdiction of a State, in the same manner as
a police officer employed by a State or local authority of that
State who is certified or commissioned under the laws of that
State;
``(2) use any radio, data link, or warning system of the
Federal Government, and of any jurisdiction in a State, that
provides information about wanted persons, be-on-the-lookout
notices, warrant status, or other officer safety information to
which a police officer employed by a State or local authority
in that State who is certified or commissioned under the laws
of that State has direct access and in the same manner as such
police officer; and
``(3) receive Federal, State, or local government
communications with a police officer employed by a State or
local authority in that State in the same manner as a police
officer employed by a State or local authority in that State
who is commissioned under the laws of that State.
``(c) System of Documented Criminal Justice Information Defined.--In
this section, the term `system of documented criminal justice
information' means any law enforcement database, system, or
communication containing information concerning identification,
criminal history, arrests, convictions, arrest warrants, wanted or
missing persons, including the National Crime Information Center and
its incorporated criminal history databases and the National Law
Enforcement Telecommunications System.''.
(b) Clerical Amendment.--The analysis for chapter 401 is amended by
adding at the end the following:
``40130. FAA access to criminal history records and database
systems.''.
SEC. 803. CIVIL PENALTIES TECHNICAL AMENDMENTS.
Section 46301 is amended--
(1) in subsection (a)(1)(A) by inserting ``chapter 451,''
before ``section 47107(b)'';
(2) in subsection (a)(5)(A)(i)--
(A) by striking ``or chapter 449'' and inserting
``chapter 449''; and
(B) by inserting after ``44909)'' the following: ``,
or chapter 451'';
(3) in subsection (d)(2)--
(A) by inserting after ``44723)'' the following: ``,
chapter 451 (except section 45107)'';
(B) by inserting after ``44909),'' the following:
``section 45107,'';
(C) by striking ``46302'' and inserting ``section
46302''; and
(D) by striking ``46303'' and inserting ``section
46303''; and
(4) in subsection (f)(1)(A)(i)--
(A) by striking ``or chapter 449'' and inserting
``chapter 449''; and
(B) by inserting after ``44909)'' the following: ``,
or chapter 451''.
SEC. 804. REALIGNMENT AND CONSOLIDATION OF FAA SERVICES AND FACILITIES.
(a) In General.--Chapter 445 (as amended by this Act) is further
amended by adding at the end the following new section:
``Sec. 44519. Realignment and consolidation of FAA services and
facilities
``(a) Purpose.--The purpose of this section is to establish a fair
process that will result in the realignment and consolidation of FAA
services and facilities to help reduce capital, operating, maintenance,
and administrative costs and facilitate Next Generation Air
Transportation System air traffic control modernization efforts without
adversely affecting safety.
``(b) General Authority.--Subject to the requirements of this
section, the Administrator of the Federal Aviation Administration shall
realign and consolidate FAA services and facilities pursuant to
recommendations made by the Aviation Facilities and Services Board
established under subsection (g).
``(c) Administrator's Recommendations.--
``(1) Proposed criteria.--
``(A) In general.--The Administrator shall develop
proposed criteria for use by the Administrator in
making recommendations for the realignment and
consolidation of FAA services and facilities under this
section.
``(B) Publication; transmittal to congress.--Not
later than 30 days after the date of enactment of this
section, the Administrator shall publish the proposed
criteria in the Federal Register and transmit the
proposed criteria to the congressional committees of
interest.
``(C) Notice and comment.--The Administrator shall
provide an opportunity for public comment on the
proposed criteria for a period of at least 30 days and
shall include notice of that opportunity in the Federal
Register.
``(2) Final criteria.--
``(A) In general.--The Administrator shall establish
final criteria based on the proposed criteria developed
under paragraph (1).
``(B) Publication; transmittal to congress.--Not
later than 90 days after the date of enactment of this
section, the Administrator shall publish the final
criteria in the Federal Register and transmit the final
criteria to the congressional committees of interest.
``(3) Recommendations.--
``(A) In general.--The Administrator shall make
recommendations for the realignment and consolidation
of FAA services and facilities under this section based
on the final criteria established under paragraph (2).
``(B) Contents.--The recommendations shall consist of
a list of FAA services and facilities for realignment
and consolidation, together with a justification for
each service and facility included on the list.
``(C) Publication; transmittal to board and
congress.--Not later than 120 days after the date of
enactment of this section, the Administrator shall
publish the recommendations in the Federal Register and
transmit the recommendations to the Board and the
congressional committees of interest.
``(D) Information.--The Administrator shall make
available to the Board and the Comptroller General all
information used by the Administrator in establishing
the recommendations.
``(E) Additional recommendations.--The Administrator
is authorized to make additional recommendations under
this paragraph every 2 years.
``(d) Board's Review and Recommendations.--
``(1) Public hearings.--Not later than 30 days after the date
of receipt of the Administrator's recommendations under
subsection (c), the Board shall conduct public hearings on the
recommendations.
``(2) Board's recommendations.--
``(A) Report to congress.--Based on the Board's
review and analysis of the Administrator's
recommendations and any public comments received under
paragraph (1), the Board shall develop a report
containing the Board's findings and conclusions
concerning the Administrator's recommendations,
together with the Board's recommendations for
realignment and consolidation of FAA services and
facilities. The Board shall explain and justify in the
report any recommendation made by the Board that
differs from a recommendation made by the
Administrator.
``(B) Publication in federal register; transmittal to
congress.--Not later than 60 days after the date of
receipt of the Administrator's recommendations under
subsection (c), the Board shall publish the report in
the Federal Register and transmit the report to the
congressional committees of interest.
``(3) Assistance of comptroller general.--The Comptroller
General shall assist the Board, to the extent requested by the
Board, in the Board's review and analysis of the
Administrator's recommendations.
``(e) Realignment and Consolidation of FAA Services and Facilities.--
Subject to subsection (f), the Administrator shall--
``(1) realign or consolidate the FAA services and facilities
recommended for realignment or consolidation by the Board in a
report transmitted under subsection (d);
``(2) initiate all such realignments and consolidations not
later than one year after the date of the report; and
``(3) complete all such realignments and consolidations not
later than 3 years after the date of the report.
``(f) Congressional Disapproval.--
``(1) In general.--The Administrator may not carry out a
recommendation of the Board for realignment or consolidation of
FAA services and facilities that is included in a report
transmitted under subsection (d) if a joint resolution of
disapproval is enacted disapproving such recommendation before
the earlier of--
``(A) the last day of the 30-day period beginning on
the date of the report; or
``(B) the adjournment of Congress sine die for the
session during which the report is transmitted.
``(2) Computation of 30-day period.--For purposes of
paragraph (1)(A), the days on which either house of Congress is
not in session because of an adjournment of more than 3 days to
a day certain shall be excluded in computation of the 30-day
period.
``(g) Aviation Facilities and Services Board.--
``(1) Establishment.--Not later than 180 days after the date
of enactment of this section, the Secretary of Transportation
shall establish an independent board to be known as the
`Aviation Facilities and Services Board'.
``(2) Composition.--The Board shall be composed of the
following members:
``(A) The Secretary (or a designee of the Secretary),
who shall be the Chair of the Board.
``(B) Two members appointed by the Secretary, who may
not be officers or employees of the Federal Government.
``(C) The Comptroller General (or a designee of the
Comptroller General), who shall be a nonvoting member
of the Board.
``(3) Duties.--The Board shall carry out the duties specified
for the Board in this section.
``(4) Term.--The members of the Board to be appointed under
paragraph (2)(B) shall each be appointed for a term of 3 years.
``(5) Vacancies.--A vacancy in the Board shall be filled in
the same manner as the original appointment was made, but the
individual appointed to fill the vacancy shall serve only for
the unexpired portion of the term for which the individual's
predecessor was appointed.
``(6) Compensation and benefits.--A member of the Board may
not receive any compensation or benefits from the Federal
Government for serving on the Board, except that--
``(A) a member shall receive compensation for work
injuries under subchapter I of chapter 81 of title 5;
and
``(B) a member shall be paid actual travel expenses
and per diem in lieu of subsistence expenses when away
from the member's usual place of residence in
accordance with section 5703 of title 5.
``(7) Staff.--The Administrator shall make available to the
Board such staff, information, and administrative services and
assistance as may be reasonably required to enable the Board to
carry out its responsibilities under this section. The Board
may employ experts and consultants on a temporary or
intermittent basis with the approval of the Secretary.
``(8) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Board.
``(h) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
the Administrator for each of fiscal years 2011 through 2014
$200,000 for the Board to carry out its duties.
``(2) Availability of amounts.--Amounts appropriated pursuant
to paragraph (1) shall remain available until expended.
``(i) Effect on Other Authorities.--Nothing in this section shall be
construed to affect the authorities provided in section 44503 or the
existing authorities or responsibilities of the Administrator under
this title to manage the operations of the Federal Aviation
Administration, including realignment or consolidation of facilities or
services.
``(j) Definitions.--In this section, the following definitions apply:
``(1) Board.--The term `Board' means the Aviation Facilities
and Services Board established under subsection (g).
``(2) Congressional committees of interest.--The term
`congressional committees of interest' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(3) FAA.--The term `FAA' means the Federal Aviation
Administration.
``(4) Realignment.--The term `realignment' includes any
action that relocates functions and personnel positions but
does not include an overall reduction in personnel resulting
from workload adjustments.''.
(b) Clerical Amendment.--The analysis for chapter 445 (as amended by
this Act) is further amended by adding at the end the following:
``44519. Realignment and consolidation of FAA services and
facilities.''.
SEC. 805. LIMITING ACCESS TO FLIGHT DECKS OF ALL-CARGO AIRCRAFT.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration, in
consultation with appropriate air carriers, aircraft manufacturers, and
air carrier labor representatives, shall conduct a study to assess the
feasibility of developing a physical means, or a combination of
physical and procedural means, to prohibit individuals other than
authorized flight crewmembers from accessing the flight deck of an all-
cargo aircraft.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study.
SEC. 806. CONSOLIDATION OR ELIMINATION OF OBSOLETE, REDUNDANT, OR
OTHERWISE UNNECESSARY REPORTS; USE OF ELECTRONIC
MEDIA FORMAT.
(a) Consolidation or Elimination of Reports.--Not later than 2 years
after the date of enactment of this Act, and every 2 years thereafter,
the Administrator of the Federal Aviation Administration shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report containing--
(1) a list of obsolete, redundant, or otherwise unnecessary
reports the Administration is required by law to submit to the
Congress or publish that the Administrator recommends
eliminating or consolidating with other reports; and
(2) an estimate of the cost savings that would result from
the elimination or consolidation of those reports.
(b) Use of Electronic Media for Reports.--
(1) In general.--Notwithstanding any other provision of law,
the Administration--
(A) may not publish any report required or authorized
by law in printed format; and
(B) shall publish any such report by posting it on
the Administration's Internet Web site in an easily
accessible and downloadable electronic format.
(2) Exception.--Paragraph (1) does not apply to any report
with respect to which the Administrator determines that--
(A) its publication in printed format is essential to
the mission of the Federal Aviation Administration; or
(B) its publication in accordance with the
requirements of paragraph (1) would disclose matter--
(i) described in section 552(b) of title 5,
United States Code; or
(ii) the disclosure of which would have an
adverse impact on aviation safety or security,
as determined by the Administrator.
SEC. 807. PROHIBITION ON USE OF CERTAIN FUNDS.
The Secretary of Transportation may not use any funds made available
pursuant to this Act (including any amendment made by this Act) to
name, rename, designate, or redesignate any project or program
authorized by this Act (including any amendment made by this Act) for
an individual then serving in Congress as a Member, Delegate, Resident
Commissioner, or Senator.
SEC. 808. STUDY ON AVIATION FUEL PRICES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Comptroller General shall conduct a study and report
to Congress on the impact of increases in aviation fuel prices on the
Airport and Airway Trust Fund and the aviation industry in general.
(b) Contents.--The study shall include an assessment of the impact of
increases in aviation fuel prices on--
(1) general aviation;
(2) commercial passenger aviation;
(3) piston aircraft purchase and use;
(4) the aviation services industry, including repair and
maintenance services;
(5) aviation manufacturing;
(6) aviation exports; and
(7) the use of small airport installations.
(c) Assumptions About Aviation Fuel Prices.--In conducting the study
required by subsection (a), the Comptroller General shall use the
average aviation fuel price for fiscal year 2010 as a baseline and
measure the impact of increases in aviation fuel prices that range from
5 percent to 200 percent over the 2010 baseline.
SEC. 809. WIND TURBINE LIGHTING.
(a) Study.--The Administrator of the Federal Aviation Administration
shall conduct a study on wind turbine lighting systems.
(b) Contents.--In conducting the study, the Administrator shall
examine the following:
(1) The aviation safety issues associated with alternative
lighting strategies, technologies, and regulations.
(2) The feasibility of implementing alternative lighting
strategies or technologies to improve aviation safety.
(3) Any other issue relating to wind turbine lighting.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall submit to Congress a report on the
results of the study, including information and recommendations
concerning the issues examined under subsection (b).
SEC. 810. AIR-RAIL CODE SHARING STUDY.
(a) Code Share Study.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall initiate a study
regarding--
(1) the existing airline and intercity passenger rail code
sharing arrangements; and
(2) the feasibility, costs to taxpayers and other parties,
and benefits of increasing intermodal connectivity of airline
and intercity passenger rail facilities and systems to improve
passenger travel.
(b) Considerations.--In conducting the study, the Comptroller General
shall consider--
(1) the potential costs to taxpayers and other parties and
benefits of the implementation of more integrated scheduling
between airlines and Amtrak or other intercity passenger rail
carriers achieved through code sharing arrangements;
(2) airport and intercity passenger rail operations that can
improve connectivity between airports and intercity passenger
rail facilities and stations;
(3) the experience of other countries with airport and
intercity passenger rail connectivity; and
(4) such other issues the Comptroller General considers
appropriate.
(c) Report.--Not later than one year after commencing the study
required by subsection (a), the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study, including any
conclusions of the Comptroller General resulting from the study.
SEC. 811. D.C. METROPOLITAN AREA SPECIAL FLIGHT RULES AREA.
(a) Submission of Plan to Congress.--Not later than 180 days after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration, in consultation with the Secretary of Homeland
Security and the Secretary of Defense, shall submit to the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a plan for the D.C.
Metropolitan Area Special Flight Rules Area.
(b) Contents of Plan.--The plan shall outline specific changes to the
D.C. Metropolitan Area Special Flight Rules Area that will decrease
operational impacts and improve general aviation access to airports in
the National Capital Region that are currently impacted by the zone.
SEC. 812. FAA REVIEW AND REFORM.
(a) Agency Review.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall undertake a thorough review of each program,
office, and organization within the Administration, including the Air
Traffic Organization, to identify--
(1) duplicative positions, programs, roles, or offices;
(2) wasteful practices;
(3) redundant, obsolete, or unnecessary functions;
(4) inefficient processes; and
(5) ineffectual or outdated policies.
(b) Actions To Streamline and Reform FAA.--Not later than 120 days
after the date of enactment of this Act, the Administrator shall
undertake such actions as may be necessary to address the
Administrator's findings under subsection (a), including--
(1) consolidating, phasing-out, or eliminating duplicative
positions, programs, roles, or offices;
(2) eliminating or streamlining wasteful practices;
(3) eliminating or phasing-out redundant, obsolete, or
unnecessary functions;
(4) reforming and streamlining inefficient processes so that
the activities of the Administration are completed in an
expedited and efficient manner; and
(5) reforming or eliminating ineffectual or outdated
policies.
(c) Authority.--Notwithstanding any other provision of law, the
Administrator shall have the authority to undertake the actions
required under subsection (b).
(d) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the Administrator shall submit to Congress a
report on the actions taken by the Administrator under this section,
including any recommendations for legislative or administrative
actions.
SEC. 813. CYLINDERS OF COMPRESSED OXYGEN OR OTHER OXIDIZING GASES.
(a) In General.--Subject to subsection (b), the transportation within
the State of Alaska of cylinders of compressed oxygen or other
oxidizing gases aboard aircraft shall be exempt from compliance with
the regulations described in subsection (c) to the extent that the
regulations require that oxidizing gases transported aboard aircraft be
enclosed in outer packaging capable of passing the flame penetration
and resistance test and the thermal resistance test, without regard to
the end use of the cylinders.
(b) Applicability of Exemption.--The exemption provided by subsection
(a) shall apply in circumstances in which transportation of the
cylinders by ground or vessel is unavailable and transportation by
aircraft is the only practical means for transporting the cylinders to
their destination.
(c) Description of Regulatory Requirements.--The regulations referred
to in subsection (a) are the regulations of the Pipeline and Hazardous
Materials Safety Administration contained in sections 173.302(f)(3),
173.302(f)(4), 173.302(f)(5), 173.304(f)(3), 173.304(f)(4),
173.304(f)(5), and 175.501(b) of title 49, Code of Federal Regulations.
TITLE IX--NATIONAL MEDIATION BOARD
SEC. 901. AUTHORITY OF INSPECTOR GENERAL.
Title I of the Railway Labor Act (45 U.S.C. 151 et seq.) is amended
by adding at the end the following:
``authority of inspector general
``Sec. 15. (a) In General.--The Inspector General of the Department
of Transportation, in accordance with the mission of the Inspector
General to prevent and detect fraud and abuse, is authorized to review
the financial management, property management, and business operations
of the Mediation Board, including internal accounting and
administrative control systems, to determine compliance with applicable
Federal laws, rules, and regulations.
``(b) Duties.--In carrying out this section, the Inspector General
shall--
``(1) keep the chairman of the Mediation Board and Congress
fully and currently informed about problems relating to
administration of the internal accounting and administrative
control systems of the Mediation Board;
``(2) issue findings and recommendations for actions to
address such problems; and
``(3) report periodically to Congress on any progress made in
implementing actions to address such problems.
``(c) Access to Information.--In carrying out this section, the
Inspector General may exercise authorities granted to the Inspector
General under subsections (a) and (b) of section 6 of the Inspector
General Act of 1978 (5 U.S.C. App.).
``(d) Authorizations of Appropriations.--
``(1) Funding.--There is authorized to be appropriated to the
Secretary of Transportation for use by the Inspector General of
the Department of Transportation not more than $125,000 for
each of fiscal years 2011 through 2014 to cover expenses
associated with activities pursuant to the authority exercised
under this section.
``(2) Reimbursable agreement.--In the absence of an
appropriation under this subsection for an expense referred to
in paragraph (1), the Inspector General and the Mediation Board
shall have a reimbursable agreement to cover such expense.''.
SEC. 902. EVALUATION AND AUDIT OF NATIONAL MEDIATION BOARD.
Title I of the Railway Labor Act (as amended by section 901 of this
Act) is further amended by adding at the end the following:
``evaluation and audit of mediation board
``Sec. 16. (a) In General.--In order to promote economy, efficiency,
and effectiveness in the administration of the programs, operations,
and activities of the Mediation Board, the Comptroller General shall
evaluate and audit the programs and expenditures of the Mediation
Board. Such an evaluation and audit shall be conducted at least
annually, but may be conducted as determined necessary by the
Comptroller General or the appropriate congressional committees.
``(b) Responsibility of Comptroller General.--The Comptroller General
shall evaluate and audit Mediation Board programs, operations, and
activities, including at a minimum--
``(1) information management and security, including privacy
protection of personally identifiable information;
``(2) resource management;
``(3) workforce development;
``(4) procurement and contracting planning, practices, and
policies;
``(5) the extent to which the Mediation Board follows leading
practices in selected management areas; and
``(6) the processes the Mediation Board follows to address
challenges in--
``(A) initial investigations of representation
applications;
``(B) determining and certifying representatives of
employees; and
``(C) ensuring that the process occurs without
interference, influence, or coercion.
``(c) Appropriate Congressional Committees Defined.--In this section,
the term `appropriate congressional committees' means the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate.''.
SEC. 903. REPEAL OF RULE.
Effective January 1, 2011, the rule prescribed by the National
Mediation Board relating to representation election procedures
published on May 11, 2010 (95 Fed. Reg. 26062) and revising sections
1202 and 1206 of title 29, Code of Federal Regulations, shall have no
force or effect.
TITLE X--COMMERCIAL SPACE TRANSPORTATION
SEC. 1001. SPACE FLIGHT PASSENGERS.
Chapter 509 of title 51, United States Code, is amended--
(1) by striking ``space flight participant'' each place it
appears and inserting ``space flight passenger''; and
(2) by striking ``space flight participants'' each place it
appears and inserting ``space flight passengers''.
Purpose of Legislation and Summary
H.R. 658, as amended, authorizes appropriations for the
Federal Aviation Administration for fiscal years 2011 through
2014, streamlines programs, creates efficiencies, reduces
waste, and improves aviation safety and capacity, to provide
stable funding for the national aviation system.
Background and Need for Legislation
The last multi-year FAA reauthorization law, Vision 100--
Century of Aviation Reauthorization Act (P.L. 108-176), was
enacted in 2003. It was a four-year reauthorization, covering
fiscal years 2004-2007. Since September 30, 2007, the FAA has
been operating under a series of short-term extensions;
seventeen to date. The lack of a long-term reauthorization bill
has meant that airports and other aviation stakeholders have
been unable to make long-term planning and investment
decisions.
Commercial aviation is a huge economic driver. However,
just like other sectors, the last decade was a difficult one
for the U.S. commercial airline industry. The impacts of 9/11,
SARS, spikes in fuel prices and the global recession have all
taken their toll. It is estimated U.S. airlines suffered $60
billion in net losses and 160,000 jobs were lost over the first
nine years of this decade.\1\ Economic forecasts are looking
up, and the industry still accounts for millions of jobs.
According to the FAA, in 2007, the total economic activity
attributed to civil-aviation-related goods and services was
approximately $1.315 billion, which generated over 11 million
jobs, $396 billion in earnings, and contributed 5.6 percent to
the GDP.\2\ U.S. commercial air carriers (including passenger
and cargo) reported an operating profit of $755 million in
2009, compared to an operating loss of $2.0 billion in 2008.\3\
General aviation manufacturing continues to be a positive
influence in the balance of trade internationally.\4\ Over the
next decade, the FAA predicts that air traffic operations will
increase 2 percent each year.
---------------------------------------------------------------------------
\1\``The Unrelenting Quest for Sustained Profitability'', ATA Vice
President and Chief Economist John Heimlich (December 2010).
\2\``The Economic Impact of Civil Aviation on the U.S. Economy'',
FAA Air Traffic Organization (December 2009) (latest available
figures).
\3\``Fact Sheet--FAA Forecast Fact Sheet'' (March 9, 2010).
\4\2010 General Aviation Manufacturers Association Statistical
Databook and Industry Outlook (2011).
---------------------------------------------------------------------------
Given the importance of commercial aviation to the nation's
economy, it is vitally important that an updated, multi-year
reauthorization bill be enacted to provide airports, airlines,
manufacturers, and national airspace users the stability that a
long-term bill affords. The FAA Reauthorization bill will
provide a steady source of funding and updated, streamlined and
reformed aviation policies and programs. Airports rely on a
long-term FAA reauthorization to make plans for large safety
and capacity projects which provide steady employment
opportunities. In addition, the stability provided by a multi-
year FAA reauthorization bill will allow airlines,
manufacturers and others to make business plans also generating
new job opportunities.
The Airport Improvement Program (AIP) is a central part of
the FAA reauthorization bill. AIP is funded by contract
authority that is provided in FAA authorizing legislation,
rather than in annual appropriations acts. Therefore, if the
AIP is not reauthorized, airports will not be able to receive
any grants from the Airport and Airways Trust Fund (Trust Fund)
after April 1, 2011. This sets AIP apart from the other
programs funded from the Trust Fund. While the other programs
need to be reauthorized as well, they can receive funding if an
appropriations act is passed. Programs providing Federal aid to
airports began in 1946 and have been modified several times.
The current AIP began in 1982.
AIP is funded entirely by the Trust Fund. The Trust Fund,
in turn, is supported entirely by the following taxes on
aviation users:
7.5% passenger ticket tax;
$3.70 passenger flight segment fee;
6.25% freight waybill tax;
$16.30 international departure and arrival
taxes;
7.5% frequent flyer award tax;
$8.20 Alaska and Hawaii international air
facilities tax; and
Aviation fuel taxes as follows:
4.3 cents on commercial aviation;
19.3 cents on general aviation
gasoline; and
21.8 cents on general aviation jet
fuel.
In addition to the AIP, the Trust Fund also fully funds the
Federal Aviation Administration's air traffic control
facilities and equipment (F&E;) modernization program and its
aviation research program. The Trust Fund partially pays for
the salaries, expenses, and operations of the FAA.
AIRPORT AND AIRWAYS TRUST FUND
The Trust Fund was created in 1970 to provide a stable,
long-term source of funding to develop the nation's airports
and air traffic control (ATC) system. The concept was that
taxes would be imposed on users of the system, including
airlines and their passengers, and general aviation. The
revenues from users would be placed in a Trust Fund where they
would be used promptly and exclusively for improvements in
aviation infrastructure.
Problems developed with this mechanism in the 1980s.
Because the revenues and expenditures of the Trust Fund are
part of the overall budget, if the Trust Fund does not spend
all of its revenues, the `surplus' helps offset deficits in the
rest of the general budget. As a result, chronic underfunding
of critical investment in aviation infrastructure occurred. The
uncommitted balance in the Trust Fund continued to grow,
reaching a peak of $7.7 billion in 1991. This meant that there
were billions of dollars in the Trust Fund unused even though
there were significant needs to expand and safely maintain
airport capacity and modernize the air traffic control system.
The Trust Fund surplus was reduced by spending more Trust Fund
money on FAA Operations, despite formulas in the law that were
intended to give priority to the capital programs.
For many years, the Committee on Transportation and
Infrastructure (Committee) and the aviation community sought to
ensure that the money aviation users paid into the Trust Fund
would actually be used for aviation infrastructure
improvements.
In 2000, Congress enacted the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (AIR 21) (P.L.
106-181) which ensured that every dollar aviation users pay
into the Trust Fund is invested in aviation programs. AIR 21
required that the: (1) total amount available for spending from
the Trust Fund each year is equal to the Trust Fund receipts
plus interest as estimated by the President's budget for that
year; and (2) total spending on the two major capital programs
(AIP and F&E;) must be at authorized levels. If an
appropriations bill is brought to the House or Senate floor
that does not meet these two requirements, any Member can make
a point of order against it and the bill may not be considered
in that form.
In 2003, the AIR 21 funding guarantees were extended in
Vision 100--the Century of Aviation Reauthorization Act (Vision
100) (P.L. 108-176).
AIP FORMULA
As of 2009, there are approximately 19,750 airports in the
United States.\5\ Of those, 559 serve air-carrier operations
with aircraft seating more than 9 passengers and 19,191 are
general aviation airports.\6\ There are 3,380 public-use
airports (3,332 existing and 48 proposed) identified in the FY
2011 National Plan of Integrated Airport System (NPIAS).
Listing in the NPIAS makes them eligible for AIP grants. The
NPIAS also includes a five-year estimate of the amounts of AIP
investment needed to bring these airports up to current design
standards and add capacity to congested airports. AIP grants
are distributed by formulas that are set forth in law.
---------------------------------------------------------------------------
\5\Bureau of Transportation Statistics.
\6\Id.
---------------------------------------------------------------------------
ENTITLEMENT FUNDING
The law divides AIP money into two broad categories:
entitlement funds and discretionary funds. Entitlement funds
are further divided into four sub-categories. They are: primary
airport entitlements; cargo airport entitlements; State and
general aviation entitlements; and Alaskan airport
entitlements.
Primary airport entitlement
Regardless of the number of passengers boarded, the minimum
entitlement of a primary, commercial service airport is
$650,000 per year (or $1,000,000 per year if AIP is at least
$3.2 billion). In FY 2010, there were 382 primary airports.
To receive the entitlement, an airport must have a project,
such as a runway, terminal, or noise abatement project that is
eligible for AIP funding under the law. An airport can retain
the right to receive its entitlement money for three years (or
four years in the case of smaller airports that are classified
as non-hub airports). Entitlement funds deferred to a later
year are referred to as carryover entitlement.
Cargo airport entitlement
Cargo service airports include: (1) airports that are
served by cargo-only (freighter) aircraft with a total annual
landed weight of more than 100 million pounds; and (2) other
airports that the Department of Transportation (DOT) finds will
be served primarily by freighter aircraft. These airports are
entitled to share money that equals 3.5 percent of total AIP
funds. AIP funds are allocated according to the total landed
weight of cargo-only aircraft landing at an airport to the
total landed weight of such aircraft at all cargo service
airports. Landed weight means the weight of aircraft
transporting only cargo under regulations prescribed by the
Secretary of Transportation (Secretary).
State apportionment/General aviation entitlement
General aviation airports receive 20 percent of total AIP
funds. These airports are used by private planes or have only
limited commercial airline service (less than 10,000 passengers
per year).
Each general aviation airport is entitled to receive the
amount of money needed for its planned development, as listed
in the FAA's NPIAS. The amount of this entitlement is limited
to $150,000 per year per airport.
The remaining money is allocated to the States by a formula
that takes into account the population and area of each State.
General aviation airports that are seeking AIP money from this
allocation usually apply directly to the FAA. Some States
require their airports to channel their AIP applications
through the State aviation agency. The FAA then decides which
airports will get the money. Ten States (Georgia, Illinois,
Michigan, Missouri, New Hampshire, North Carolina,
Pennsylvania, Tennessee, Texas, and Wisconsin) participate in
the State Block Grant program. Under this program, the FAA
gives the State aviation agency more responsibility to manage
its AIP allocation and the State, not the FAA, decides which
general aviation airports will receive grants. States that
participate in the State Block Grant program do not receive
more money but they do get more control over how it is
distributed to airports in their State.
Alaska entitlement
By law, Alaskan airports are entitled to receive at least
the same amount of money that they received in 1980, i.e.,
$10.5 million. If total AIP funding is at least $3.2 billion in
a year, that amount is doubled.
DISCRETIONARY FUNDING
The FAA, at its own discretion, can invest any funds
remaining after entitlements are funded. However, this
discretionary fund is subject to three set-asides.
Noise/environment
The law sets aside 35 percent of AIP discretionary funds
for noise/environmental projects.
Military airports
Under the military airport program (MAP), FAA selects 15
current or former military airports (including at least one
general aviation airport) to share in a set-aside, which is
equal to four percent of the discretionary fund. The MAP's
purpose is to increase overall system capacity by promoting
joint civilian-military use of military airports or by
converting former military airports to civilian use. There are
currently 11 airports in the MAP.
Discretionary
After the entitlements and set-asides are funded, the
remaining money can be invested at FAA's discretion. These
funds are often referred to as `pure discretionary' AIP funds.
Seventy-five percent of these discretionary funds must be
invested in airport projects that will enhance capacity,
safety, or security, or will reduce noise.
PASSENGER FACILITY CHARGE
In 1990, the Committee became concerned that AIP alone
would not be able to meet the future infrastructure needs of
U.S. airports. Consequently, the Omnibus Budget Reconciliation
Act of 1990 (P.L. 101-508) permitted an airport to assess a fee
on passengers. This fee is known as the passenger facility
charge (PFC). PFCs are collected by the airlines and paid
directly to the airport. They are not deposited in the U.S.
Treasury. They are intended to supplement AIP by providing more
funding for runways, taxiways, terminals, gates, and other
airport improvements.
The 1990 law limited the PFC to $3.00 per passenger. AIR 21
increased the PFC cap to $4.50. A passenger may not pay more
than $18 in PFCs per round-trip regardless of the number of
airports through which the passenger connects. An airport
cannot charge a PFC until it is approved by the FAA.
FAA has approved PFCs at 380 airports, of which 353 are
actually collecting fees. The total approved collections are
over $78 billion. In FY 2010, $2.70 billion was collected and
$2.67 billion is expected to be collected in FY 2011.
If a medium- or large-hub airport charges a $3 PFC, it must
forego up to 50 percent of its AIP passenger entitlement. If it
charges more than $3, it must forego 75 percent of its AIP
passenger entitlement. Of the foregone entitlements, 87.5
percent go into a special small airport fund to be distributed
as follows: 57.1 percent to non-hub airports; 28.6 percent to
non-commercial service airports; and 14.3 percent to small hub
airports.
The Committee continues to support the PFC program.
ESSENTIAL AIR SERVICE (EAS) PROGRAM
The Essential Air Service (EAS) program was created in 1978
as a temporary program to address concerns that communities
with lower enplanement level would lose air service as a result
of the Airline Deregulation Act of 1978 (ADA) (P.L. 95-504). It
provides subsidies to commuter airlines to provide service to
small communities where there are not enough passengers to
operate profitably. Under the EAS program, DOT establishes a
minimum level of air service for each of the eligible airports.
The minimum level is usually two round-trips per day to a
medium- or large-hub airport using 15-seat or larger aircraft.
Eligible communities are those communities that were listed on
an airline's certificate when the ADA was passed. Over the
years, the cost of this program has increased from $22.9
million in 1996 to $200 million in 2010. The Committee believes
that the EAS program needs to be reviewed and reformed to
reflect the changes in air travel and shifts in the U.S.
population since 1978.
H.R. 658, THE ``FAA REAUTHORIZATION AND REFORM ACT OF 2011''
H.R. 658, the ``FAA Reauthorization and Reform Act of
2011,'' sets a new course for the FAA, requiring greater
efficiencies, cost-cutting actions, and accountability. The
bill sets funding levels at the aggregate FY 2008 level.
Between FY 2011 and FY 2014, the bill provides $12.1 billion
for AIP and $10.5 billion for F&E.; These funding levels will
require the FAA to put in place more efficient processes,
reduce waste, and eliminate duplicative efforts, while still
fully funding priority programs to modernize the ATC system and
ensuring the legacy system is operated and maintained. The bill
also maintains the Passenger Facility Charge program at its
current amount and provides $12.1 billion in AIP funding
allowing capacity-enhancing improvements at our nation's
airports to continue despite the difficult budgetary
environment. In addition, H.R. 658 provides $36.9 billion for
FAA Operations over the next four years and directs that the
Administrator shall not take cuts from safety-critical
activities to meet the Operations funding levels set in the
bill.
H.R. 658 reforms and phases out the Essential Air Service
Program (EAS) for all States except Alaska and Hawaii. The
total amount authorized out of the Airport and Airway Trust
Fund for EAS for fiscal year 2011 is $97.5 million, for fiscal
year 2012 it is $60 million, and for fiscal year 2013 it is $30
million (plus $50 million each fiscal year derived from
overflight fees). In fiscal year 2014, EAS for Alaska and
Hawaii will be paid out of amounts collected from the
overflight fees. Collections in excess will be returned to the
General Fund.
H.R. 658 contains numerous provisions that streamline,
expedite, and implement cost-effective approaches to FAA's
safety and air traffic control modernization programs. The bill
also ensures greater accountability and oversight of NextGen.
Legislative History
On February 11, 2011, Chairman John L. Mica and Chairman
Thomas E. Petri introduced H.R. 658, the ``FAA Reauthorization
and Reform Act of 2011.'' This bill has not been introduced in
a previous Congress. On February 16, 2011, the Committee on
Transportation and Infrastructure met in open session, and
ordered the bill reported favorably to the House by roll call
vote with a quorum present. Amendments were offered in
Committee by Mr. Costello, Ms. Hirono (who offered two
amendments), Mr. Michaud, and Mr. Lipinski. Mr. Costello's
amendment would strike section 903, which repeals a National
Mediation Board rule issued in May 2010 that changed the way
union elections are conducted under the Railway Labor Act. Ms.
Hirono offered two amendments. Her first amendment would have
required FAA to conduct a mandated rulemaking on flight
attendant fatigue. Ms. Hirono's second amendment would have
applied Occupational Safety and Health Administration (OSHA)
regulations to the airline cabin. Mr. Michaud offered an
amendment to mandate that the FAA inspect foreign repair
stations twice annually regardless of the safety risk involved.
Finally, Mr. Lipinski offered an amendment to require the FAA
to test for drugs and alcohol of repair station employees in
accordance with FAA regulations, regardless of the laws of the
country where the repair station is located.
Hearings
The Subcommittee on Aviation held two legislative hearings
on the Federal Aviation Administration Reauthorization. On
February 8, 2011, the FAA Administrator testified regarding the
pending reauthorization. On February 9, 2011, stakeholders in
the aviation community testified on the pending
reauthorization.
Committee Votes
Clause 3(b) of Rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. During
consideration of H.R. 658 a total of six votes were taken--
votes were on amendments offered by Mr. Costello, Ms. Hirono
(who offered two amendments), Mr. Michaud, and Mr. Lipinski,
and a final vote ordering the bill reported as amended. Mr.
Petri motioned to report the bill as amended to the House with
a favorable recommendation. Mr. Rahall requested a recorded
vote. The bill, as amended was reported to the House with a
favorable recommendation after a record vote which was disposed
of as follows:
The Committee disposed of the following amendments by
record vote.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for H.R. 658 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 10, 2011.
Hon. John L. Mica,
Chairman Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 658, the FAA
Reauthorization and Reform Act of 2011.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 658--FAA Reauthorization and Reform Act of 2011
Summary: H.R. 658 would authorize appropriations, mainly
over the 2011-2014 period, for activities of the Federal
Aviation Administration (FAA) and other federal programs
related to aviation. (A full-year appropriation for aviation
programs in 2011 has not yet been enacted. For this estimate,
CBO has assumed that the partial-year funding already provided
will be increased proportionately--annualized--to provide full-
year funding.) CBO and staff of the Joint Committee on Taxation
(JCT) estimate that implementing H.R. 658 would:
Increase discretionary spending by $34
billion over the 2011-2016 period; and
Increase revenues by $34 million over the
2011-2016 period and $4 million over the 2011-2021
period.
Because the legislation would increase revenues, pay-as-
you-go procedures apply.
H.R. 658 contains intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
because it would impose new requirements on both public and
private entities that own aircraft or airports. CBO estimates
that the aggregate cost of intergovernmental mandates in the
bill would fall well below the annual threshold established in
UMRA ($71 million in 2011, adjusted annually for inflation).
The bill would impose additional private-sector mandates on
operators of certain aircraft, entities registering or
obtaining certification with the FAA, commercial air carriers,
employees in air or rail industries, and unions. Based on
information from the FAA, the National Mediation Board, and
industry sources, CBO estimates that the aggregate cost of
complying with the private-sector mandates would exceed the
annual threshold established in UMRA ($142 million in 2011,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 658 is shown in Table 1. The costs of
this legislation fall primarily within budget function 400
(transportation).
TABLE I. ESTIMATED BUDGETARY EFFECTS OF H.R. 658
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2011-2016
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONa
Spending Under Current Law:a
Budget Authority......................... 12,436 77 77 77 77 77 12,821
Estimated Outlays........................ 15,832 5,953 4,604 4,100 3,947 3,950 38,386
Proposed Changes:
FAA Operations:
Authorization Level.................. 53 9,168 9,168 9,168 0 0 27,557
Estimated Outlays.................... 47 8,164 8,894 9,077 1,008 275 27,465
Air Navigation Facilities and Equipment
Authorization Level.................. -236 2,600 2,600 2,600 0 0 7,564
Estimated Outlays.................... -106 1,116 1,733 2,139 1,187 696 6,765
Airport Improvement Program:b
Authorization Level.................. 0 0 0 0 0 0 0
Estimated Outlays.................... -100 -353 -542 -633 -698 -700 -3,026
Essential Air Service:
Authorization Level.................. -52 -17 -47 -77 -77 -77 -347
Estimated Outlays.................... -12 -24 -41 -71 -77 -77 -302
Offsetting Collections from Registration
and Certification Fees and Other
Provisions:
Estimated Authorization Level........ 0 35 0 0 0 0 35
Estimated Outlays.................... 0 20 10 5 0 0 35
Total Changes:
Estimated Authorization Level.... -235 11,786 11,721 11,691 -77 -77 34,809
Estimated Outlays................ -71 9,276 10,596 11,150 2,118 894 33,963
Spending Under H.R. 658:
Estimated Authorization Level............ 12,201 11,863 11,798 11,768 0 0 47,630
Estimated Outlays........................ 15,761 15,229 15,200 15,250 6,065 4,844 72,349
CHANGES IN DIRECT SPENDINGc
Estimated Budget Authority................... -524 -700 -700 -700 -700 -700 -4,024
Estimated Outlays............................ 0 0 0 0 0 0 0
CHANGES IN REVENUES
Estimated Revenuesd.......................... 5 13 14 7 0 -4 34
NET IMPACT OF CHANGES IN DIRECT SPENDING AND REVENUES ON THE DEFICIT
Net Increase or Decrease (-) in the Deficit.. -5 -13 -14 -7 0 4 -34
----------------------------------------------------------------------------------------------------------------
aUnder Public Law 112-4, Further Continuing Appropriations Amendments, 2011, funding is provided through March
18, 2011 for FAA operations, facilities and equipment; and payments to air carriers. On an annualized basis,
funding for those programs in 2011 totals $12.4 billion.
bBudget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of
budget authority; however, outlays from that contract authority are subject to limitations on obligations
specified in annual appropriation acts and are therefore considered discretionary. The Airport and Airway
Extension Act of 2010, Part IV (Public Law 111-329) provides $1.85 billion in contract authority through March
31, 2011; on an annualized basis, contract authority for this program totals $3.7 billion in 2011.
cEnacting H.R. 658 would have no impact on direct spending over the 2011-2021 period because CBO assumes that
outlays from contract authority will continue to be subject to limitations on obligations specified in annual
appropriation acts and thus considered discretionary (see Table 2 for annual effects through 2021).
dEnacting H.R. 658 would increase revenues by $4 million over the 2011-2021 period (see Table 2 for annual
effects through 2021).
Notes: FAA = Federal Aviation Administration. Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that H.R.
658 will be enacted in the spring of 2011. Outlay estimates are
based on historical spending patterns for affected programs and
on information provided by the Department of Transportation
(DOT) and the FAA.
Spending subject to appropriation
H.R. 658 would authorize appropriations, mainly over the
2011-2014 period, for the FAA and other federal programs
related to aviation. On an annualized basis, discretionary
funding for major aviation programs administered by the FAA
currently totals $12.4 billion under Public Law 112-4, Further
Continuing Appropriation Amendments, 2011. CBO estimates that
spending under current law will total $38.4 billion over the
2011-2016 period. That estimate includes outlays stemming from
authority provided under P.L. 112-4 and from funding provided
prior to 2011.
Amounts authorized to be appropriated under H.R. 658 would
total $12.2 billion in 2011 and $47.6 billion over the 2011-
2014 period. Assuming appropriation of the specified amounts
(as well as the enactment of limitations on obligations of
contract authority for the Airport Improvement Program that are
consistent with funding levels provided under H.R. 658), C130
estimates that implementing H.R. 658 would increase spending by
nearly $34 billion over the 2011-2016 period, with about $13
billion of additional spending after 2016.
FAA Operations. H.R. 658 would authorize appropriations
totaling $9.4 billion in 2011 ($53 million more than the
annualized amount that is currently available in 2011 under
P.L. 112-4) and an additional $27.6 billion over the 2011-2014
period for FAA operations, particularly for salaries and
expenses related to operating the air traffic control system.
CBO estimates that fully funding FAA operations as authorized
in H.R. 658 would result in additional spending totaling $27.5
billion over the 2011-2016 period.
Air Navigation Facilities and Equipment. H.R. 658 would
authorize appropriations totaling $2.7 billion in 2011 ($236
million less than the annualized amount currently available for
2011 under P.L. 112-4) and an additional $7.6 billion over the
2012-2014 period for facilities and equipment--primarily
infrastructure and systems for communication, navigation, and
radar surveillance related to air travel.\1\ Assuming
appropriation of the specified amounts, CBO estimates that
increased spending for this program would total $6.8 billion
over the 2011-2016 period, with additional spending occurring
in later years.
---------------------------------------------------------------------------
\1\By authorizing appropriations for air navigation facilities and
equipment over the 2011-2014 period, H.R. 658 would authorize
adjustments to contract authority for the airport improvement program
in those years. Current law provides for increases to contract
authority (a mandatory form of budget authority) for that program in
any year that the amounts authorized to be appropriated for facilities
and equipment exceed amounts actually provided in appropriation acts
for such activities. Any such changes authorized under H.R. 658 and
triggered by annual appropriation acts would be considered changes in
direct spending and are discussed later in this estimate (see section
entitled ``Direct Spending'').
---------------------------------------------------------------------------
Airport Improvement Program. H.R. 658 would provide $12.2
billion in contract authority (a mandatory form of budget
authority) over the 2011-2014 period for the Airport
Improvement Program (AIP). Through that program, the FAA
provides grants to airports for projects to enhance safety and
increase airports' capacity for passengers and aircraft.
Outlays from AIP contract authority are controlled by
limitations on obligations set in annual appropriation acts and
are therefore considered discretionary.
CBO estimates that enacting this provision would reduce
contract authority below levels assumed in CBO's current
baseline by $2.6 billion over the 2011-2014 period that is
specifically covered under H.R. 658 and by $700 million
annually thereafter. (See the section of this estimate entitled
``Direct Spending'' for a discussion of the budgetary treatment
of AIP contract authority under CBO's baseline and for purposes
of projecting costs under proposed legislation.)
In total, assuming that obligation limitations of MP
spending as set forth in annual appropriation acts are equal to
the levels of contract authority projected under H.R. 658, CBO
estimates that discretionary spending for the program over the
2011-2016 period would total $3 billion less than amounts
projected in CBO's baseline over that same period.
Essential Air Service. H.R. 658 would amend the Essential
Air Service program through which DOT makes payments to air
carriers that provide air service to certain rural communities.
Under current law, $77 million is authorized to be appropriated
for that program each year in perpetuity.
H.R. 658 would amend current law to gradually phase out
discretionary funding for payments to air carriers. Under the
bill, authorized funding would total $98 million in 2011 ($52
million less than the annualized amount currently available
under P.L. 112-4), $60 million in 2012, and $30 million in
2013. No further appropriations would be authorized after 2013.
Assuming appropriation action consistent with H.R. 658, CBO
estimates that spending for payments to air carriers would fall
by $12 million in 2011 and $302 million over the 2011-2016
period.
Offsetting Collections from Registration and Certification
Fees and Other Provisions. The FAA administers a regulatory
program designed to ensure the safety of air travel. The agency
oversees and regulates the registration of aircraft,
certification of pilots, and other related activities. Under
current law, the FAA issues most registrations and certificates
free of charge or at nominal prices. CBO estimates that
collections from fees charged by the agency currently total
about $1 million annually.
H.R. 658 would require the FAA to charge specific fees for
services related to processing certain registrations and
certificates. The agency's authority to collect and spend such
fees would be contingent on annual appropriation acts. Based on
information from the agency regarding the annual volume of
regulatory actions, CBO estimates that the proposed fees would
generate discretionary offsetting collections totaling about
$45 million in 2012 and about $142 million through 2014, the
last year of the reauthorization period specifically covered by
H.R. 658. Because H.R. 658 would authorize the FAA to spend
such collections, we estimate that implementing this provision
would have no significant net effect on federal spending.
H.R. 658 would require the FAA, DOT, and the Government
Accountability Office to carry out a variety of other
activities, studies, and reports related to aviation. The costs
of those activities would range from less than $1 million for
routine reports and analyses to several million dollars or more
for efforts related to establishing certain types of databases,
hotlines, and other activities. In total, CBO estimates that
fully funding those provisions would require appropriations
totaling $35 million in 2012 and that resulting outlays would
total $35 million over the 2012-2016 period.
Direct spending
CBO estimates that enacting H.R. 658 would have no impact
on direct spending (see Table 2). The bill would, however,
reduce contract authority for the AIP over the 2011-2021
period. As previously noted, spending from contract authority
is controlled by obligation limitations specified in annual
appropriation acts. Thus, outlays of the AIP are considered
discretionary.
Under The Airport and Airway Extension Act of 2010, Part IV
(Public Law 111-329), the FAA has been provided with nearly
$1.9 billion in contract authority available through March
2011--or $3.7 billion on an annualized basis. Pursuant to rules
that govern the calculation of CBO's baseline, funding for
certain expiring programs such as contract authority for AIP--
is assumed to continue beyond the scheduled expiration date for
budget projection purposes. Consistent with that practice,
CBO's baseline assumes that AIP contract authority over the
2012-2021 period will remain at the 2011 level of $3.7 billion
per year.
Under H.R. 658, AIP contract authority would total just
under $3.2 billion in 2011 and $3.0 billion in each of fiscal
years 2012-2014. Consistent with CBO's methodology for
projecting contract authority under proposed legislation, we
assume that contract authority for AIP would continue to be
provided after 2014 and would remain at $3.0 billion annually.
In total, CBO estimates that contract authority under H.R. 658
would fall below the levels of contract authority already
assumed in the CBO baseline by $7.5 billion over the 2011-2021
period.
TABLE 2. EFFECTS ON DIRECT SPENDING AND REVENUES UNDER H.R. 658
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011-2016 2011-2021
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
AIP Contract Authority:a
Estimated Budget Authority............................. -524 -700 -700 -700 -700 -700 -700 -700 -700 -700 -700 -4,024 -7,524
Estimated Outlays...................................... 0 0 0 0 0 0 0 0 0 0 0 0 0
.........................................................
CHANGES IN REVENUES
Passenger Facility Fees.................................... 0 * -1 -2 -3 -4 -4 -5 -6 -7 -8 -10 -40
Overflight Fees............................................ 5 13 15 9 3 0 0 0 0 0 0 44 44
------------------------------------------------------------------------------------------------------------------------------------
Total Estimated Revenues............................... 5 13 14 7 0 -4 -4 -5 -6 -7 -8 34 4
NET IMPACT ON THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
Net Increase or Decrease (-) in the Deficit................ -5 -13 -14 -7 0 4 4 5 6 7 8 -34 -4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
aBudget authority for the Airport Improvement Program is provided as contract authority, a mandatory form of budget authority; however, outlays from that contract authority are subject to
limitations on obligations specified in appropriation acts and are therefore discretionary.
Note: AIP = Airport Improvement Program; * = between -$500,000 and $500,000,
Public Law 106-181, the Wendell H. Ford Aviation Investment
Reform Act for the 21st Century Act, enacted in 2000, created a
permanent mechanism that provides for an increase to AIP
contract authority in any year that the amount authorized to be
appropriated for the air navigation and facilities account
exceeds the amount provided for such activities in an
appropriation act. By authorizing appropriations for facilities
and equipment over the 2012-2014 period, H.R. 658--in
conjunction with that provision of current law--would authorize
adjustments to AIP contract authority for those years. Any
adjustment authorized under this legislation, once triggered by
annual appropriation acts, would constitute new direct spending
authority. All spending for AIP--including spending from such
adjustments--would remain subject to obligation limitations
established in appropriation acts. Although H.R. 658 could
result in additional AIP contract authority of as much as $7.8
billion over the 2012-2014 period if no appropriations were
provided for air navigation facilities and equipment, CBO
assumes that appropriations will equal the amounts authorized
by the bill; thus, we project no additional increases to AIP
contract authority under H.R. 658.
Revenues
JCT estimates that enacting H.R. 658 would increase
revenues by $34 million over the 2011-2016 period and a net
amount of $4 million over the 2011-2021 period (Table 2). The
estimated changes stem from provisions related to passenger
facility fees and overflight fees.
Passenger Facility Fees. Under current law, airport
agencies may collect, subject to DOT approval, fees of up to
$4.50 per passenger to fund airport infrastructure programs.
(Such fees are collected and spent by airport agencies and are
not included in the federal budget.) H.R. 658 would allow the
Secretary of Transportation to authorize up to five airport
agencies to charge fees in excess of the statutory limit in
order to finance certain capital projects. JCT expects that the
proposed changes would increase revenues to airports from such
passenger facility fees, subsequently lead to increased tax-
exempt financing for airport construction and related projects,
and consequently, reduce federal revenues. JCT estimates that
federal revenue losses would total $40 million over the 2011-
2021 period.
Overflight Fees. H.R. 658 would direct the FAA, through an
expedited rulemaking process, to increase fees for certain
navigational services provided for flights that neither take
off nor land in the United States, known as overflight fees.
Such fees are generally paid by foreign air carriers and are
recorded as revenues. The expedited rulemaking would generate
increased revenues in fiscal years 2011 through 2015. JCT
estimates that those increases would total $44 million over the
2011-2015 period.
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in revenues that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 658, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE ON FEBRUARY 16,
2011, WITH A SUBSEQUENT AMENDMENT PROVIDED TO CBO ON MARCH 7, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011-2016 2011-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............... -5 -13 -14 -7 0 4 4 5 6 7 8 -34 -4
Memorandum:
Changes in Outlays....................... 0 0 0 0 0 0 0 0 0 0 0 0 0
Changes in Revenues...................... 5 13 14 7 0 -4 -4 -5 -6 -7 -8 34 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and Private-Sector Impact: H.R. 658 would
impose mandates on public and private entities that own
aircraft or airports, entities registering or obtaining
certification with the FAA, commercial air carriers, employees
in air or rail industries, and unions. CBO estimates that the
aggregate cost of intergovernmental mandates in the bill would
fall well below the annual threshold established in UMRA ($71
million in 2011, adjusted annually for inflation), and that the
aggregate cost of complying with the private-sector mandates
would exceed the annual threshold established in UMRA ($142
million in 2011, adjusted annually for inflation).
Mandates that apply to both public and private entities
Requirements for Next Generation Air Transportation System
(NextGen) Equipment. The bill would require owners of aircraft
operating in congested airspace or at congested airports to
install new communications equipment by 2020. According to
industry sources, the equipment currently costs at least
$10,000 per aircraft; for jets and other large aircraft, the
cost would amount to at least $100,000 per aircraft. Depending
on FAA regulations, up to 240,000 aircraft could be affected,
and most of the compliance costs would be incurred in the year
that the equipment is required to be installed. Therefore, CBO
estimates that the cost to private entities to comply with the
mandate could exceed the annual threshold. Because of the
relatively small number of public aircraft affected, CBO
estimates the cost to state and local governments would be
minimal.
Contingency plans. The bill would require air carriers,
operators of large and medium airports, and airports that
accept diversion flights from those airports, to submit
contingency plans to the Department of Transportation for
emergency circumstances that ground aircraft. The bill also
would require air carriers and airports to update their plans
every three or five years, respectively. All large and medium
airports, and most of any other airports likely to be affected,
are publicly owned and operated. All air carriers likely to be
affected are privately owned and operated. CBO estimates that
the costs to public entities would total between $5 million and
$10 million in the first year of implementation, with smaller
recurring costs for updates to the plans in later years. Based
on information from industry sources, CBO estimates that the
mandates would not impose significant additional costs on
privately owned air carriers or airports.
Other Mandates. The bill would require large airports to
publish a telephone number on the Internet where the public can
make complaints about noise. Airports that receive 25 such
complaints in the preceding year would be required to submit a
report to the FAA regarding the nature of such complaints. The
bill also would require operators of air ambulance services to
submit annual reports to the FAA. CBO estimates the cost of
those mandates to public and private entities would be small.
Mandates that apply to public entities only
Access to Criminal History Records. The bill would give the
FAA the right to access criminal justice data maintained by the
states. Although CBO cannot predict the extent to which the FAA
would access state or local data systems, or make inquiries of
state or local police officers, CBO estimates that the
additional costs to state, local, and tribal governments of
complying with the requests would be small.
Mandates that apply to private entities only
Limits on the Level of Aircraft Noise. H.R. 658 would
prohibit, with certain exemptions, the operation of civil
aircraft weighing 75,000 pounds or less in the 48 contiguous
states if the aircraft does not comply with stage-3 noise
levels. (The FAA classifies aircraft into four stages based on
measurements of noise level: stage-3 is one of the quietest of
those stages.) The prohibition would take effect after December
31, 2015. According to industry sources, compliance could
require modifying or replacing engines on some existing
aircraft or decommissioning aircraft that cannot be adequately
modified. Those sources estimate that the total cost of
bringing existing aircraft into compliance could range from
$300 million to more than $1 billion, depending on the
technology used. CBO expects that most of the costs to comply
with the mandate would be incurred in 2015, the year before the
prohibition would take effect.
FAA Registration, Certification, and Related Fees. The bill
would require the FAA to establish a new schedule of fees for
certain services and activities of the agency. This requirement
would impose a new mandate on entities, such as aircraft owners
and pilots, that are required to register with the FAA or
required to obtain specific certifications. Based on the number
of entities required to register with the FAA or obtain
certification, CBO estimates that the incremental cost of the
new fees for those private-sector entities would total about
$45 million in 2012 and about $50 million or more per year
thereafter.
Union Elections. By increasing the number of air or rail
employees who must vote in favor of union representation, the
bill would impose a mandate on employees responsible for
organizing elections to establish union representation.
Effective January 1, 2011, the bill would increase the number
of votes necessary for union representation for air or rail
employees from a majority of all employees casting votes in the
election to a majority of all employees to be represented by
the union. The bill could also impose a mandate on unions if
they were to invalidate an election held before the date of
enactment. Based on information from the National Mediation
Board and industry sources, CBO estimates that the direct cost
of the mandate would be small relative to the annual threshold.
Airline Employee and Service Requirements for Air Carriers.
The bill would impose several new requirements on air carriers
related to airline employees and passenger service. Based on
information from industry sources, CBO estimates that none of
those mandates would impose significant additional costs on air
carriers relative to UMRA's threshold. Those mandates would
require air carriers to:
Hire only maintenance workers for commercial
aircraft who are certified and have submitted to a drug
and alcohol test;
Not hire or contract with former safety
inspectors previously employed by the FAA to represent
them before the FAA if the inspectors' duties in the
previous two years involved oversight or inspection of
the specific air carrier offering the positions;
Disclose to customers information on
consumer complaints and information on countries that
require air carriers to treat airplanes with
insecticides;
Develop and submit reports related to
certain emergency contingencies and diverted or
cancelled flights;
Allow passengers to safely transport musical
instruments as carry-on or checked baggage without
charging an additional fee, or allow the instrument to
be carried in a seat next to the owner if the owner has
purchased an additional seat;
Prohibit smoking on certain passenger
flights; and
Include contact information for consumer
complaints on their website and tickets at DOT.
Other impacts
The bill would benefit public and private airports by
authorizing grants for planning, development, noise mitigation,
and other initiatives. Any costs those entities incur to meet
grant requirements would result from complying with conditions
of federal assistance.
Estimate prepared by: Federal Costs: Spending--Megan
Carroll; Revenues--Grant Driessen; Impact on State, Local, and
Tribal Governments: Ryan Miller; Impact on the Private Sector:
Samuel Wice.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis; Frank J. Sammartino, Acting
Assistant Director for Tax Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
authorize appropriations for the Federal Aviation
Administration for fiscal years 2011 through 2014, streamline
programs, create efficiencies, reduce waste, and improve
aviation safety and capacity, to provide stable funding for the
national aviation system.
Advisory of Earmarks
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 658 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Federal Mandate Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the ``Unfunded Mandates
Reform Act'' (P.L. 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 658 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
Section-by-Section Analysis
Sec. 1. Short title; table of contents
This section provides that the short title of the bill is
the ``FAA Reauthorization and Reform Act of 2011'' and sets out
the table of contents for the bill.
Sec. 2. Amendments to title 49, United States Code
This section provides that, except where otherwise
expressly provided, any references to sections are made to
title 49, United States Code (U.S.C.).
Sec. 3. Effective date
This section provides that, unless otherwise stated, the
amendments made by this Act shall take effect on the date of
enactment of this Act.
TITLE I--AUTHORIZATION
Subtitle A--Funding of FAA Programs
Section 101. Airport planning and development and noise compatibility
planning and programs.
This section authorizes the following for the FAA's AIP:
$3.1 billion for FY 2011; $3 billion for each fiscal year 2012
through 2014. These amounts shall be available until expended.
In addition the obligation authority is extended to September
30, 2014. Finally, this section prohibits funding the Airport
Cooperative Research Program or the Airports Technology
Research Program out of the AIP account.
Section 102. Air navigation facilities and equipment
Subsection (a) authorizes the following for the FAA's F&E;
account: $2.7 billion for FY 2011; $2.6 billion for each fiscal
year 2012 through 2014.
Subsection (b) amends and streamlines the F & E set asides
by striking the following subsections (c) enhanced safety and
security of aircraft operations in the Gulf of Mexico, (d)
Operational benefits of wake vortex advisory system, (e)
ground-based precision Navigational Aids, (h) standby power
efficiency program, and (i) pilot program to provide incentives
for development of new technologies, and redesignates
subsections (f) automated surface observation system/automated
weather observing system upgrade, and (g) life cycle cost
estimates as (c) and (d) respectively.
Section 103. FAA operations
Subsection (a) authorizes the following for the FAA
operations account: $9.403 billion for FY 2011; $9.168 billion
for each fiscal year 2012 through 2014.
Subsection (b) amends and streamlines the Operations
account set asides in section 106 (k)(2) by striking authorized
expenditures for (A) infrastructure systems for general
aviation and vertical flight industry, (B) establish helicopter
approach procedures using current technologies, (C) revise
existing terminal and en route procedures and instrument flight
rules and improve national air space system, and (D) Center for
Management Development of FAA. Sections (E) (F) and (G)
authorize expenditures for the expansion of the Air Traffic
Control Collegiate Training Initiative, completion of Alaska
aviation safety project with respect to 3D mapping of Alaska's
main aviation corridors, and for Aviation Safety Reporting
System, and shall be redesignated (A), (B), (C) respectively
and fiscal years shall be updated by inserting ``2011 through
2014.''
Subsection (c) directs that if the Secretary determines
that the funds appropriated under paragraph (1) are
insufficient to meet the salary, operations and maintenance
expenses of the FAA, the Secretary shall reduce non-safety
related activities of the FAA as necessary to reduce such
expenses to a level that can be met by funding under paragraph
(1).
Section 104. Funding for aviation programs
This section modifies the formula that determines the
amount to be made available from the Trust Fund each year to
fund the FAA. The modification proposed by this section is
necessary to maintain a positive Trust Fund balance despite
over-optimistic revenue forecasts.
The uncommitted cash balance in the Trust Fund has declined
dramatically in recent years. At the end of FY 2001, the
uncommitted cash balance was $7.3 billion. For FY 2010, the
uncommitted balance is projected to be approximately $770
million.
This decline in the Trust Fund's uncommitted balance is due
to over-optimistic revenue projections, combined with a
statutory requirement to appropriate from the Trust Fund an
amount that is equal to those revenue projections.
The current statutory formula requires that estimated Trust
Fund receipts each year must equal Trust Fund expenditures.
Under these conditions, the Trust Fund balance should remain
stable. However, the Trust Fund revenue estimates included in
the President's budget for most of the last decade years were
overly optimistic; such that the amounts appropriated from the
Trust Fund (based on those estimates) exceeded the amounts
actually deposited into the Trust Fund, resulting in declines
in the uncommitted cash balance.
To mitigate the effect of over-optimistic revenue
projections in the future, this section modifies the statutory
formula to make available from the Trust Fund an amount equal
to 90 percent of the estimated revenues, rather than 100
percent, until the actual level of revenues received for that
year are known. Once actual revenues are known, a `look back'
adjustment compares the actual revenues received by the Trust
Fund to the amounts made available from the Trust Fund for that
year, and the difference between the two is applied as an
adjustment to the amount made available from the Trust Fund for
the current budget year. This change would provide greater room
for error in revenue estimates until the actual level of
revenues received for that year is known, and an adjustment is
made to reconcile actual amounts deposited to the Trust Fund
with actual amounts appropriated from it. Given recent revenue
estimates, a 10 percent margin of error is necessary. This
change will ensure the Trust Fund balance remains more stable
in the future.
Subsection (b) extends additional authorization of
appropriations from the general treasury fund if necessary for
FAA operational account from 2007 to 2014.
Subsection (c) amends section 48114 (b)(2) by 1.) striking
``level'' and adding ``estimated level'', 2.) replacing ``level
of receipts plus interest'' with ``estimated level of receipts
plus interest''. In addition it disallows the House from
considering any bill, joint resolution, motion, etc that
provides appropriation for any year through FY2014 for research
and development or operations if sum of the obligation
limitation for Grants-in-Aid for Airports and the appropriation
for Facilities and Equipment for such fiscal year is below the
sum of the authorized levels for Grants-in-Aid for Airports and
for Facilities and Equipment for such fiscal year.
Section 105. Delineation of Next Generation Air Transportation System
projects
This section requires the Administrator of the FAA to
include in the Airway Capitol Investment Plan a list of capital
projects that are part of the NextGen system and funded by
amounts appropriated under section 48101(a).
Section 106. Funding for administrative expenses for airport programs
This section would authorize the administrative expenses
for the FAA's airports program at a level of $85.987 million
for FY 2011; $80.6 million for fiscal years 2012 through 2014.
The previous amounts may be used for administrative expenses
relating to AIP, PFC approval and oversight, NAS planning,
airport standards and development and enforcement, airport
certification, airport-related environmental activities, and
other airport related activities.
Subtitle B--Passenger Facility Charges
Section 111. Passenger Facility Charges
This section defines Passenger Facility Charges as those
imposed in section 40117(a)(5) and changes the word `fee' to
`charge' throughout title 49.
Section 112. Airport access flexibility program
Under current law, PFCs may be used to fund intermodal
ground access projects and facilities only if they are on
airport property and dedicated 100 percent to airport use. This
section creates a pilot program allowing up to five airports to
use local PFCs to fund ground access projects, applying more
flexible standards than currently in place for airport revenue
funding of these projects, i.e., that these projects are on
airport property and are `directly and substantially' related
to airport use. In addition, the amount of PFC revenues that
can be dedicated to these projects is constrained by limiting
the percentage of total project costs that may be funded by
PFCs to the percentage of individuals using the project to gain
access to the airport.
Section 113. GAO study of alternative means of collecting PFCs
This section instructs Comptroller General to conduct a
study of alternative means of PFC collection that would permit
charges to be collected without inclusion in the ticket price.
The GAO study will at a minimum address (1) collection options
for arriving, connecting, and departing passengers, (2) cost
sharing or allocation methods based on passenger travel to
address connecting traffic, and (3) examples of airport charges
collect by domestic and international airports not included in
ticket prices.
Section 114. Qualifications-based selection
This section defines the term ``qualification based
selections'' as a competitive procurement process under which
firms compete for capital improvement projects on the basis of
qualifications, past experience and specific expertise. It
makes it the sense of Congress that airports should consider
the use of qualifications based selection in carrying out
capital improvement projects funded using PFCs.
Subtitle C--Fees for FAA Services
Section 121. Update on overflights
This section would direct the FAA to guarantee that
existing overflight fees are reasonably related to agency costs
for providing air traffic services, and would require the FAA
to adjust the fees and begin collection of the appropriate
amount by issuing a final rule with respect to the Notice of
Proposed Rulemaking published in the Federal Register on
September 28, 2010. The section would permit the FAA to
periodically modify the fee based on the cost of providing such
service.
Section 122. Registration fees
This section requires the Administrator to impose fees to
pay for the costs of eleven listed activities in the areas of
certification and registration, including: registering or
replacing an aircraft registration; issuance of aircraft
certificates; issuance of special registrations; recording
security interests; replacing or issuing airman certificates;
and legal opinions for aircraft registration or recordation.
Subject to appropriation made in advance, fees authorized
under this section shall be collected and credited as
offsetting collections to the account that finances the
activities and services for which the fee is imposed.
The initial fee rates specified in this section reflect the
FAA's current costs of providing each service. The FAA shall
periodically adjust the fees established in this section when
cost data reveal that the cost of providing the service is
higher or lower than the cost data that were used to establish
the fee then in effect.
A conforming change is made to section 45302 of title 49.
Existing authority to collect certain similar fees pursuant to
section 45302 is limited to any period in which a fee for the
same service or activity is not imposed under section 45305.
Subtitle D--Airport Improvement Program Modifications
Section 131. Airport master plans
This section amends section 47101(g)(2) to add to goals for
airport master and system plans a requirement to consider
passenger convenience, airport ground access and access to
airport facilities.
Section 132. Aerotropolis transportation systems
This section amends section 47101(g) by adding at the end a
policy of the United State to encourage the development of
aerotropolis transportation systems that, as determined by the
Secretary, provide efficient, cost effective, sustainable, and
intermodal connectivity to a defined region of economic
significance centered around a major airport.
Section 133. AIP definitions
Subsection (a) makes several amendments to the definitions
in section 47102 to update and add terms that are used in the
AIP. The first amendment conforms the definition of airport
development relating to firefighting and rescue equipment with
a recent final rulemaking for airport certification
requirements for airports serving scheduled air carrier
operations in aircraft designed for more than 9 (not 20 as in
current law) passenger seats, but less than 31 passenger seats;
broadens the definition of airport development to include
mobile fuel truck containment systems at a non-primary airport,
if such systems are required by an Environmental Protection
Agency (EPA) rule; and adds a reference to the definition of
`terminal development' as part of technical amendments to
consolidate several statutory provisions relating to terminal
development. In addition, this section adds as an eligible use
of AIP funds the acquisition and installation of facilities and
equipment to provide air conditioning, heating or electric
power from terminal-based, non-exclusive use facilities to
aircraft parked at an airport to reduce emissions and energy
consumption.
Subsection (b) allows AIP funds to be used to develop an
environmental management system.
Subsection (c) adds a definition of `general aviation
airport.'
Subsection (d) adds a definition of `revenue producing
aeronautical support facilities,' which is referenced in
section 47110 (allowable project costs) so that nonprimary
airports may use their entitlements to build or rehabilitate
new facilities that can help generate revenue. The expansion of
the definition allows more flexibility to build these
facilities.
Subsection (e) adds a definition of `terminal development'
consistent with current statutory provisions.
Section 134. Recycling plans for airports
This section requires that airport master plans address the
feasibility of solid waste recycling. The Secretary may approve
a grant for an airport project only if he is satisfied that the
airport has a master plan that addresses the feasibility of
solid waste recycling at the airport and minimizes the
generation of solid waste at the airport. This section also
broadens the definition of airport planning to include solid
waste recycling plans.
Airlines and airports generate vast amounts of waste and
many lack sufficient recycling programs. Airport recycling
programs have the potential to save money, promote the
sustainable use of resources, and provide substantial
environmental benefits, such as reduced generation of solid
waste. Under this section, airports will be able to utilize AIP
funding for the establishment of recycling programs and
planning projects.
Section 135. Contents of competition plans
This section amends section 47106(f)(2) by removing from
the requirements of a competition plan for PFC charges
`patterns of air services' and `airfare levels (as compiled by
the Department of Transportation) compared to other large
airports.'
Section 136. Grant assurances
This section changes two provisions related to required
grant assurances (section 47107) for AIP projects. First, a
limited exception is allowed to permit an airport owner to use
AIP entitlement funds to move or replace a facility when the
need to relocate or replace it is beyond the owner's control
(such as new design standards that render the facility a safety
hazard), a change from current law that requires the airport
owner to bear the full cost of such a relocation.
Second, the section changes the disposition of proceeds
from the sale of land that an airport acquired for a noise
compatibility purpose, but no longer needs for that purpose.
Current law requires that the Federal Government's proportional
share of the sale proceeds be reinvested in an approved noise
compatibility project at that airport, if prescribed by the
Secretary, or returned to the Trust Fund for reinvestment in
other airport development or airport planning projects. This
change further prescribes the use of the Government's share of
the proceeds, giving priority, in descending order, to the
following: reinvestment in another noise compatibility project
at the airport; reinvestment in another environmentally-related
project at the airport; reinvestment in another otherwise
eligible AIP project at the airport; transfer to another public
airport for a noise compatibility project; and finally, payment
to the Trust Fund.
Lastly this section removes the sunset provision in the
competitive access report which would cause section 41707(s) to
only be effective until April 1, 2010.
Section 137. Agreements granting through-the-fence access to general
aviation airports
This Section amends section 47107 by adding a new
subsection (t). The new subsection mandates, subject to the
requirements contained in a through-the-fence agreement between
a general aviation airport sponsor and a private property
owner, the sponsor of a general aviation airport shall not be
considered in violation of a grant assurance under this section
or any other law as a condition for the receipt of Federal
financial assistance solely because the sponsor entered into an
agreement to allow a person who owns residential real property
adjacent to the airport access to the airfield of the airport.
A residential through-the-fence agreement is an agreement
between an airport operator and a private landowner who owns
residential property adjacent to the airport--commonly referred
to as a ``hanger home''. The agreement sets forth the terms and
conditions for the private landowner to have direct access to
the airport from his or her own property. Some agreements date
back to the 1970's and others were drafted with the assistance
and approval of local FAA officials.
Of the 3,300 airports in the National Plan of Integrated
Airport Systems (NPIAS), the FAA has provided a list of only 75
public general aviation airports with residential through-the-
fence agreements--which represents less than 3 percent of all
public airports in the United States.
In 2009, the FAA proposed to eliminate all residential
through-the-fence agreements. In 2010, after receiving hundreds
of comments on the 2009 proposal, the FAA published new
guidance proposing to prohibit any new residential through-the-
fence-agreements while requiring a two-year review of existing
agreements, and a review upon renewal of any existing
agreements.
Residential through-the-fence agreements may not make sense
at every airport, but they do make sense at many locations and
in some communities provide much needed aviation and local
property tax revenue. The Committee believes that airports
should have the flexibility to enter into these agreements if
they want to and can remain in compliance with their grant
assurances.
Section 138. Government share of project costs
This section makes a change to current requirements for the
Federal Government's matching share of AIP project costs. In
general, current law (section 47109) provides that the Federal
share of project costs is 75 percent at a medium- or large-hub
airport; not more than 90 percent for a project funded under
the State Block Grant program; and 90 percent at any other
airport. A special rule is added to allow for small-hub
airports that have increased operations and are reclassified as
medium-hub airports to retain, for two years, their eligibility
for up to a 90 percent Federal share of project costs, instead
of the 75 percent Federal share of project costs otherwise
required for medium-hub airports.
In addition, subsection (f) would add a special rule to
reduce the local share of project costs from 10 percent to five
percent for certain economically depressed communities. To be
eligible under this special rule, a community must be receiving
subsidized air service under the EAS program and have one of
the following economic conditions, as determined by the
Secretary of Commerce: (1) a per capita income of 80 percent or
less of the national average; (2) an unemployment rate that is
at least one percent greater than the national average; or (3)
a special need arising from actual or threatened severe
unemployment or economic adjustment problems. These economic
criteria are the same as the criteria used by the Economic
Development Administration of the U.S. Department of Commerce
to determine eligibility for assistance under economic
development programs.
Section 139. Allowable project costs
Current law (section 47110) provides that most AIP-eligible
projects lose their grant eligibility if development work is
undertaken before an AIP grant is awarded. Because most FAA AIP
discretionary grants are awarded between July and September
(after FAA determines how much AIP entitlement funding can be
converted temporarily to discretionary grants within that
fiscal year), this process disadvantages AIP-eligible projects
in states that have shorter construction seasons than other
parts of the nation.
Subsection (a) amends section 47110(b)(2) by adding a new
subparagraph (D) that extends project grant eligibility until
the end of the fiscal year in which work begins on otherwise
AIP-eligible projects if the Secretary determines that: the
cost was incurred before the execution of the grant agreement
due to a short construction season; the cost is in accordance
with an airport layout plan approved by the Secretary; the
sponsor notifies the Secretary before authorizing work to
commence on the project; the sponsor has an alternative funding
source available to fund the project; and the sponsor's
decision to proceed with the project in advance of a grant
agreement does not affect its priority for allocation of funds.
Subsection (b) amends 47110(b) by adding as an allowable
project cost where the cost is incurred on a measure to improve
the efficient of an airport building and the measure is for
airport development; the measure is for an airport building
that is otherwise eligible for construction assistance; and if
the measure results in increase in initial project costs, the
increase is justified by the expected savings over the life
cycle of the project.
Subsection (c) adds a new subsection (d) to section 47110
relating to the relocation of airport-owned facilities, making
such relocation an allowable cost if: the Government's portion
will be paid with AIP funds apportioned to the airport sponsor;
the Secretary determines the relocation or replacement is due
to a change in design standards; and the Secretary determines
the change is beyond the sponsor's control.
According to the FAA, this section is necessary to correct
discrimination between sponsor-owned facilities that must be
relocated and facilities owned by third parties. The current
eligibility rules permit AIP funds to pay for the relocation or
reconstruction of facilities that must be moved to meet FAA
design standards if they are owned by third parties. If the
facilities are owned by the airport sponsor, only demolition
costs may be paid for with AIP. FAA states that there is no
reason to differentiate between AIP eligibility based on
ownership of the facilities if the facilities meet FAA design
standards that were in effect at the time the facilities were
first constructed.
Subsection (d) clarifies that while nonprimary airports may
use AIP funds for revenue-producing aeronautical facilities;
such use is limited to the construction of those facilities.
Section 140. Veterans' preference
This section amends current section 47112(c) by changing
the definition of ``Vietnam-era veteran'' from ``separated from
duty'' to ``discharged or released from active duty'' and by
adding veterans from the Afghanistan/Iraq conflict and Persian
Gulf War to the definition of those veterans eligible for
employment preference on AIP projects.
Section 141. Standardizing certification of disadvantaged business
enterprises
This section requires the Secretary to establish, not later
than one year after the date of enactment, a mandatory training
program for airport owners and operators to provide streamlined
training on certifying whether small businesses in airport
concessions qualify as small business concerns owned and
operated by socially and economically disadvantaged
individuals. The section allows the training to be implemented
by one or more private entities approved by the Secretary.
Section 142. Special apportionment rules
This provision would permit the DOT Secretary to apportion
to an airport sponsor in a FY an amount equal to the amount
equal to the minimum apportionment available to the airport
sponsor in the previous FY, if the airport received schedule or
unscheduled air service from a large certificated air carrier
in the calendar year used to calculate the apportionment; and
the airport had more than 10,000 passenger boardings in the
calendar year used to calculate the apportionment. This section
also would continue a special apportionment for airports that
remain affected by the decrease in passengers following the
terrorist attacks of September 11, 2001.
Section 143. Apportionments
The section amends Chapter 471 by resetting the
apportionment trigger and removing $3.2 billion and inserting
$3 billion each place it appears in the Chapter.
Section 144. Marshall Islands, Micronesia, and Palau
This section reauthorizes a section in Vision 100 that
makes the sponsors of airports located in the Republic of the
Marshall Islands (RMI), the Federated States of Micronesia
(FSM) and Palau eligible for AIP discretionary grants and
funding from the Small Airport Fund. These three independent
nations were formerly part of the Trust Territory of the
Pacific Islands, a United Nations trusteeship administered by
the U.S. Navy from 1947 to 1951 and by the U.S. Department of
the Interior from 1951 to 1994. The United States subsequently
entered into a Compact of Free Association with each of them,
under which the United States recognizes them as sovereign
nations, but maintains responsibility for their defense and
provides certain financial assistance. All three of these
nations have requested that their eligibility to receive AIP
funds be extended.
Section 145. Designating current or former military airports
Current law (section 47118) allows the Secretary to
designate current or former military airports eligible for
grants, this section adds to the Secretary's consideration in
the decision to approve a grant if it preserves or enhances
minimum airfield infrastructure facilities at former military
airports to support emergency diversionary operations for
transoceanic flights in locations in US jurisdiction or control
and where there is a lack of airports within the distance
required by regulations.
Furthermore, this section would allow up to three General
Aviation (GA) airports to participate in the FAA's Military
Airport Program.
Section 146. Contract Tower Program
Subsection (a) authorizes the Secretary to extend the
program to other low activity air traffic control towers for
which a qualified entity, a State, or a subdivision of the
State meeting the requirements set forth by the Secretary has
requested to participate in the program.
This section also provides a special rule for ATC towers
that are transitioning from the FAA's Contract Tower Program
(under which the cost of operating the tower is fully funded by
the FAA), and the FAA's Contract Tower Cost-Sharing Program
(under which the local airport pays the portion of the costs
that exceeds the benefits of operating the tower).
Specifically, subsection (a) provides that, if the Secretary
determines that an ATC tower that is already operating under
the FAA's Contract Tower Program falls below a benefit-to-cost
ratio of 1.0, then the sponsor of the airport at which the
tower is located 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.
Subsection (a) also provides that, if the Secretary finds
that all or part of an amount made available to carry out the
fully-funded Contract Tower Program is not required during a
FY, the Secretary may use such excess funds to carry out the
Contract Tower Cost-Sharing Program.
Subsection (b) caps the maximum allowable local cost share
for a part 139 airport with fewer than 50,000 annual passenger
enplanements at 20 percent of the cost of operating the tower
under the program.
Subsection (c) provides that, of the amount appropriated
for FAA Operations, not more than $8.5 million for each of the
fiscal years 2011 through 2012 may be used to carry out the
Contract Tower Cost-Sharing Program.
Subsection (c) also provides that, if the Secretary finds
that all or part of an amount made available to carry out the
Contract Tower Cost-Sharing Program is not required during a
fiscal year, the Secretary may use such excess funds to carry
out the fully-funded Contract Tower Program.
Subsection (d) raises the cap on the Federal share of the
cost of construction of a nonapproach control tower from
$1,500,000 to $2,000,000.
Subsection (e) requires the Secretary to establish uniform
standards and requirements for regular safety assessments of
contract towers under this section.
The Committee believes that in expanding the contract tower
program, the FAA will achieve significant costs savings by
offering the same quality of air traffic control services at a
far reduced cost.
Section 147. Resolution of disputes concerning airport fees
This section updates current law (section 47129) that
addresses the resolution of disputes concerning airport fees by
the Secretary to include foreign air carriers in payment by
airports under protest.
Section 148. Sale of private airports to public sponsors
This section amends section 47133 (restriction on use of
revenue) to facilitate the sale of a private airport, which has
in the past received AIP funds for improvement projects, to a
public entity such as a state or local government. If a private
owner wishes to dispose of the airport, a sale to a public
sponsor usually benefits the airport through more stable and
reliable ownership. Under current law, if an owner of a private
airport sells to a public entity, the proceeds of the sale must
be treated as airport revenue with all the restrictions that
attach to such a characterization. While this protects airport
revenue, it also prevents a private owner from recovering his
or her own private capital that has been invested in the
airport. In other words, current law treats the private owner's
capital as if it were public and to be used only for airport
purposes. By creating an exception to such treatment, this
section facilitates these sales without undermining revenue
diversion protections.
Specifically, this section establishes three criteria that
must be met for the private owner to be able to recover his or
her own private capital from the sale proceeds: (1) the sale
must be approved by the Secretary; (2) funding for the public
sponsor's acquisition of the airport land is provided by the
AIP or PFC programs; and (3) the private owner has repaid the
remaining unamortized portion of any AIP grant made to that
airport for purposes other than land acquisition, plus an
amount equal to the Federal share of the current fair market
value of any land acquired with an AIP grant made to that
airport. The amendments made by this section are applicable to
grant assistance provided to private airports on or after
October 1, 1996.
This section is intended to facilitate the sale of private
airports to public entities under certain conditions. These
conditions include a requirement that any unamortized portion
of AIP grants received by the private airport be repaid to the
Secretary. The AIP grants that must be repaid are those made
after October 1, 1996.
Section 149. Repeal of certain limitations on Metropolitan Washington
Airports Authority
This section repeals the limitations on the Metropolitan
Washington Airports Authority, which oversees both Washington
National Airport and Washington Dulles International Airport,
to apply for AIP grants and collect PFCs.
Section 150. Midway Island Airport
This section provides a four-year extension of the current
Vision 100 authorization, for the Secretary to enter into a
reimbursable agreement with the Secretary of the Interior to
provide AIP discretionary funds (at a maximum level of $2.5
million per FY) for airport development projects at Midway
Island Airport through FY 2014. Midway Island is critical to
the safety of flights over the Pacific Ocean.
Section 151. Miscellaneous amendments
Subsection (a) makes technical changes to section 47103,
the NPIAS, to remove obsolete language and update the section
to conform to what the FAA is currently including in the NPIAS.
For example, the NPIAS includes only categories of airports.
The language in section 47103(a) that references ``each
airport'' is deleted in favor of a reference to the ``airport
system''. Similarly, further amendments to section 47103(a)
reflect that the NPIAS does not try to forecast trends in other
transportation sectors, but instead forecasts how airports
connect to other modes of transportation (e.g., an airport and
a public transit system). Section 47103(b) is amended to delete
two references that are obsolete: the NPIAS does not consider
how tall structures reduce safety and capacity (that is done
under a separate FAA order), and the NPIAS no longer takes into
account Short/Takeoff and Landing operations. Finally, section
47103(d) clarifies that the NPIAS must be published every two
years, instead of just the `status' of the plan.
Subsection (b) consolidates in one section (section 47119),
without substantive change, language on terminal development
costs by moving the current text of section 47110(d), regarding
terminal development costs, to section 47119 as a new
subsection (a), and re-designating the existing sections
accordingly. This subsection also adds a new subsection (f) to
section 47119, which caps at $20 million the amount of
discretionary AIP funds that could support terminal development
projects at non-hub or small-hub primary airports. Today, there
is no limit on the amount of discretionary funds that may be
used on a terminal at non-hub airports. The FAA found that some
communities and airports overbuild their terminals, but that a
$20 million cap (after normalizing for inflation) allows an
airport to build a suitable terminal building. This subsection
does not preclude airports from supplementing a terminal
project with PFCs, entitlement or local funds.
Subsection (c) conforms the requirements for the annual
report on AIP to current practice for the submission and its
contents.
Subsection (d) corrects an inaccurate cross-reference in
section 47139 (enacted by Vision 100), under which an airport
is able to `bank' emissions credits when the airport does air
quality work that is not required, but is ``surplus''. However,
section 47139 references section 47102(3)(F), which is required
air quality work, not surplus work.
Subsection (e) makes a conforming amendment to section
46301 (FAA civil penalty assessment authority) to clarify that
the FAA has civil penalty assessment authority regarding
violations of section 46319, which was added by Vision 100 and
provides for a $10,000 per day civil penalty for permanently
closing an airport listed in the NPIAS, without 30 days notice
to the FAA.
Subsection (f) makes other conforming amendments.
Subsection (g) amends section 47151 to correct the surplus
property authority.
Subsection (h) amends the definitions contained in 47175 by
updating a reference in the definition for ``congested
airport'' and adding a definition for ``joint use airport''.
Section 152. Extension of grant authority for compatible land use
planning and projects by State and local governments
This section extends the sunset date of the current law
(Section 47141) that gives grants to State and local
governments for compatible land use planning and projects to
September 30, 2014.
Section 153. Priority review of construction projects in cold weather
states
This section instructs the FAA Administrator to schedule
review of construction projects that are prevented by weather
from being carried out before May 1 as early as possible.
Section 154. Study on National Plan of Integrated Systems
This section requires the Secretary, not later than 90 days
after enactment, to begin a study of the national plan of
integrated airport systems (NPIAS) and to report to Congress,
not later than 36 months after the study begins the findings
and recommended changes for formulating the NPIAS and methods
for determining the amounts apportioned to airports.
Section 155. Transfers of terminal area Air Navigation equipment of
airport sponsors
This section establishes a pilot program by adding the new
section 44518 ``Transfers of terminal area air navigation
equipment to airport sponsors'' to Chapter 445. The program
will allow the Administrator to transfer terminal area air
navigation equipment to air sponsors at no more than 3 nonhub
airports, 3 small hub airports, 3 medium hub airports and 1
large airport picked to participate in the program. The airport
sponsors must assure the Administrator that the sponsors will
operate and maintain the equipment, permit inspections by the
Administrator, and will replace equipment as needed. This
transfer will include all rights, title and interests of the
U.S. to the sponsor at no cost to the sponsor. Such costs
incurred by the sponsor for ownership and maintenance of
terminal navigation equipment transfer will be considered a
cost of providing facilities and services under DOT standards
and guidelines and may be compensated.
Sec. 156. Airport Privatization Program
Current law (section 47134) contains specific provisions
for issuance of exemptions in connection with a transfer of
airport operation to a private owner. This section authorizes
the Secretary to expand the number of airports from 5 to 10
airports. In addition the section authorizes the Secretary to
exempt the selling airport sponsor from the revenue diversion
prohibition after the Secretary has consulted the air carrier
serving the primary airport and in the case of nonprimary
airport with at least 65 percent of owners of aircraft based at
that airport. The section removes requirement that the
Secretary has to ensure that the airport fee imposed on air
carrier will not increase more than inflation, percent increase
on fees in general aviation will not exceed percentage of fees
increased imposed on air carriers, and collective bargaining
agreements abrogated by sale or lease. Finally the section does
not allow an airport to impose a fee on a domestic or foreign
air carrier for a return on investment or recovery of principal
with respect to consideration paid to public agency for the
lease unless the air carriers approve.
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
Sec. 201. Definitions
This section provides definitions for terms used throughout
the section, including, ADS-B, ADS-B Out, ADS-B In, RNAV, and
RNP.
Sec. 202. NextGen demonstrations and concepts
This section provides direction to the Secretary of
Transportation regarding priority for NextGen activities
authorized by the legislation.
Sec. 203. Clarification of authority to enter into reimbursable
agreements
This section amends 49 U.S.C. Sec. 106(m), to clarify the
FAA's authority under that section (along with the FAA's broad
contract authority under section 106(l)(6)) to enter into
reimbursable interagency agreements. This change is necessary
to correct any confusion resulting from language added to
section 106(m) by Congress after the terrorist attacks of
September 11, 2001. Congress added the last sentence in section
106(m) to expressly allow FAA to provide services and equipment
to other agencies ``without reimbursement.'' This provision was
intended, for example, to allow FAA to provide services and
personnel to the newly created Transportation Security
Administration, without reimbursement. Such language was never
intended to alter FAA's pre-existing authority to enter into
interagency agreements that required reimbursement. This
section makes it clear that the FAA may perform work for other
agencies `with or without' reimbursement.
Sec. 204. Chief NextGen Officer
This section requires the FAA Administrator to appoint a
Chief NextGen Officer position to be the lead official
accountable for implementing NextGen programs. This individual
would be tasked with responsibility for implementation and
coordination of all FAA programs associated with NextGen,
including budget authority over NextGen activities, a move to
provide accountability and to streamline the execution of
NextGen by eliminating confusion over who is responsible for
the delivery of NextGen. This section also vests in the Chief
NextGen Officer the responsibility to develop the NextGen
budget for the Administrator to be included in the President's
annual budget submission to Congress.
Sec. 205. Definition of air navigation facility
This section updates and broadens the definition of an air
navigation facility to clarify that Facilities and Equipment
funding may be used for many capital expenses directly related
to the acquisition or improvement of buildings, equipment, and
new systems related to the NAS and NextGen. In addition,
certain NextGen-related acquisitions, such as a service
contract to develop security protocols for the FAA's internet-
like System Wide Information Management (SWIM) program, may not
completely fit under the current definition of air navigation
facilities.
Sec. 206. Clarification to acquisition reform authority
This section repeals a provision of law that conflicts with
the FAA's procurement reform authority that Congress granted
FAA in 1996. The FAA now has broad flexibility to use measures
other than competitive procedures in various compelling
circumstances (for example, in response to an emergency such as
a hurricane or other natural or man-made disaster when there
could be multiple sources of supply but there is insufficient
time to run a competition). This section repeals more
restrictive conflicting language that predated the 1996
reforms. Removing the conflicting language clarifies the FAA's
ability to limit competition in response to an emergency, as
noted above, or set-aside procurements for small businesses,
disabled veteran-owned businesses or small businesses owned and
controlled by socially and economically disadvantaged groups.
Sec. 207. Assistance to foreign aviation authorities
This section clarifies the FAA's current authority to
provide air traffic services abroad, whether or not the foreign
entity to which such services are provided is private or
governmental, and that the FAA may participate in any
competition to provide such services. It also clarifies that
the Administrator may allow foreign authorities to pay in
arrears rather than in advance, and that any payment for such
assistance may be credited to the account from which the
expenses were incurred in providing the services. This section
ensures U.S. leadership in air traffic management will
continue.
Sec. 208. Next Generation Air Transportation System Joint Planning and
Development Office
This section redesignates the Director of the Joint
Planning and Development Office (JPDO) to the status of
Associate Administrator for the NextGen within the FAA. It also
makes the Associate Administrator a voting member of the Joint
Resources Council, the FAA's decision making body for major
acquisitions. The FAA is also required to publish annually a
NextGen Implementation Plan document that provides a
description of how the FAA is implementing NextGen including a
description of potentially significant operational or workforce
changes.
This section also requires NextGen partner agencies to
designate senior officials responsible for carrying out NextGen
activities at their respective agencies and Departments.
In addition, the JPDO is required to develop an Integrated
Work Plan that will outline the activities required by partner
agencies to achieve NextGen. Under this section, the JPDO is
required to include in its Integrated Work Plan milestones
reached and activities under way to date and detailed timelines
and budgets for planned activities under the Integrated Work
Plan for all NextGen partner agencies. Further, this section
requires the JPDO to coordinate NextGen activities with the
Office of Management and Budget.
The Committee believes that inter-agency coordination is
crucial to moving forward with NextGen implementation and the
reforms made by this section will support these efforts.
Sec. 209. Next Generation air transportation Senior Policy Committee
This section requires the NextGen Senior Policy Committee
to meet at least twice each year. It also requires the
Secretary to submit a detailed annual report on the status of
NextGen partner agencies' progress in implementing the NextGen
Integrated Work Plan.
The Committee believes that inter-agency coordination is
crucial to moving forward with NextGen implementation and the
reforms made by this section will support these efforts.
Sec. 210. Improved management of property inventory
This section amends section 40110(a) to clarify that FAA's
current authority to purchase and sell property needed for
airports and air navigation facilities includes the authority
to retain funds associated with disposal of property.
Currently, because of costs associated with disposal (for
example, demolition, environmental audits, and asbestos
abatement), some extraneous properties and equipment (for
example, non-directional beacons, radars, and outer markers)
unnecessarily remain in the FAA's active inventory for long
periods of time. Clarifying that the FAA has the authority to
retain proceeds from the sale of property allows the FAA to
cover the costs of disposal and facilitates shutting down
extraneous equipment and streamlining the disposal process.
Sec. 211. Automatic Dependent Surveillance-Broadcast services
This section requires an annual audit by the Department of
Transportation Office of Inspector General of the FAA's ADS-B
program to assist Congress in creating FAA accountability for
implementing the ADS-B program.
Current regulations require avionics equipage by users for
the more basic of the two ADS-B technologies, ADS-B Out, by
2020. The more advanced technology, ADS-B In, has the potential
to unlock operational efficiencies for users, but technical
standards and regulations are not yet in place to allow users
to equip. This section requires the FAA Administrator to
initiate a rulemaking proceeding to issue guidelines and
regulations relating to ADS-B In technology, and to issue a
report detailing the agency's plans for utilizing ADS-B In
technology.
The timelines and reforms contained in this section should
allow for expedited implementation, improved oversight, and a
basis for tracking FAA's progress.
Sec. 212. Expert review of enterprise architecture for NextGen
This section requires the National Research Council (NRC)
to review NextGen's technical blueprint, the Enterprise
Architecture, to highlight the activities that will be
necessary to transition successfully to NextGen, assess
technical, cost and schedule risk for software development
associated with NextGen, and include judgments on how such
risks can be mitigated. The NRC shall report to the
Administrator. The Administrator shall submit a report to
Congress within one year of the date of enactment. This outside
review will assist the Committee in identifying risks early and
determining the best course of action to mitigate them and
reduce associated costs.
Sec. 213. Acceleration of NextGen technologies
This section would further direct the FAA Administrator to
accelerate the certification of NextGen technologies. The
section directs the Administrator to develop an implementation
plan to put in place NextGen navigation procedures to maximize
the efficiency and capacity of commercial operations at the top
35 busiest airports in the United States by 2015. The section
directs the Administrator make use of third party developers of
navigation procedures and expedited environmental reviews to
accelerate implementation of these NextGen navigation
procedures. The section also directs the Administrator to
extend the charter of the Performance Based Navigation Aviation
Rulemaking Committee to establish priorities for NextGen
navigation procedures to other airports in the National
Airspace System beyond the top 35 busiest airports, including
small and medium hub airports.
The Committee believes that the true benefits of NextGen
will only be achieved with a streamlined and expedited process
to approve navigation procedures by leveraging third-party
developers to assist the FAA. By leveraging private sector
expertise, this section will support private sector job
creation while accelerating the delivery of NextGen benefits.
Sec. 214. Performance metrics
This section would require the FAA to establish and track
NAS performance metrics that include (1) actual arrival and
departure rates per hour measured against the currently
published aircraft arrival rate and aircraft departure rate for
the 35 operational evolution partnership airports, (2) average
gate-to-gate times, (3) fuel burned between key city pairs, (4)
operations using the advanced navigation procedures, including
performance based navigation procedures, (5) the average
distance flown between key city pairs, (6) the time between
pushing back from the gate and taking off, (7) continuous climb
or descent, (8) average gate arrival delay for all arrivals,
(9) flown versus filed flight times for key city pairs, (10)
implementation of NextGen Implementation Plan (NGIP), 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. The FAA is required to consult with
industry stakeholders regarding optimal baselines, make the
data available in a public format, and submit an annual report
to Congress on the Administration's NextGen progress.
The Committee believes that performance metrics are
essential to both determine the FAA's progress in delivering
NextGen, and to hold the Administration accountable for
measurable results from NextGen investments.
Sec. 215. Certification Standards and Resources
This section would require the FAA to develop a plan within
6 months to accelerate the certification of NextGen
technologies, including (1) updating project deadlines, (2)
identifying specific activities needed to certify core NextGen
technologies, (3) setting staffing requirements for
certification, (4) assessing the use of third parties in the
certification process, and (5) establishing performance metrics
to measure the Agency's progress.
Sec. 216. Surface Systems acceleration
This section would require the Chief Operating Officer of
the Air Traffic Organization to evaluate the Airport Surface
Detection Equipment-Model X (ASDE-X) program and associated
technologies, and accelerate implementation of the ASDE-X
program. The FAA would also be required to consider expediting
the certification of Ground Based Augmentation System (GBAS)
technology and develop a plan to utilize GBAS at the 35 OEP
airports by September 30, 2012.
Sec. 217. Inclusion of stakeholders in Air Traffic Control
modernization Projects
This section requires the FAA to establish a process for
including qualified employees to serve in a collaborative and
expert capacity in the planning, development and deployment of
ATC modernization projects, including NextGen. Employees
serving in such capacity shall provide input to allow the FAA
to meet planned NextGen deadlines and milestones. The section
mandates that employees participating in the process shall have
no change in employee status and, except in extraordinary
circumstances, the Administrator shall not incur overtime pay
expenditures. This section also mandates that participation by
an employee does not entitle the employee the authority to
prevent or unduly delay the exercise of FAA management
prerogatives. This section also prohibits, except in
extraordinary circumstances, the Administrator from paying
overtime related to NextGen working groups. In addition, the
Administrator is required to report on the implementation of
this section within six months.
Sec. 218. Siting of wind Farms Near FAA navigational aids and other
assets
This section would require the FAA Administrator to survey
and assess the leases for critical FAA facility sites and
determine how close these facilities are to wind farms or areas
suitable for the construction of wind farms. Following the
assessment, the FAA would be required to report to Congress and
the GAO on its findings and recommendations. This section would
also require GAO to assess the potential impact wind farms have
on the FAA's navigational aids and methods and restrictions to
mitigate the effects of wind farms on navigational aids. Upon
receipt of the GAO report, the FAA would be directed to issue
guidelines for the construction of wind farms near critical FAA
facilities.
Sec. 219. Airspace Redesign
The FAA's airspace redesign efforts will play a critical
near-term role in enhancing capacity, reducing delays,
transitioning to more flexible routing and ultimately saving
money for airlines and airspace users in fuel costs. However,
in recent years, funding cuts have led to delays and deferrals
of airspace redesign efforts. Without sufficient funding for
airspace redesign efforts, several new runways planned for the
2009 to 2012 timeframe will not provide estimated capacity
benefits. This section provides funding to accelerate airspace
redesign initiatives. This section also directs the
Administrator to monitor the noise effects of the New York/New
Jersey/Philadelphia Metropolitan Airspace Redesign and report
his findings to Congress.
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. Judicial Review of Denial of Airman Certificates
Since the early 1990s, the FAA has had authority to seek
judicial review of National Transportation Safety Board (NTSB)
decisions that are issued under section 44709 and section
46301(d)(5) of title 49, which involve orders of suspension and
revocation, and civil penalties against airmen. Current law
does not allow the FAA to take an appeal for an NTSB decision
for a denial of an airman certificate. This section adds
corresponding authority to seek judicial review of NTSB
decisions involving airman certificate denials.
Sec. 302. Release of Data Relating to Abandoned Type Certificates and
Supplemental Type Certificates
This section allows the FAA to make aircraft certification
data relating to older aircraft available, upon request, to a
person seeking to maintain the airworthiness of their aircraft,
without the consent of the owner of record, if the FAA first
determines that there has been no proprietary interest
exercised over the data for three years, the type certificate
owner has not been located, and that it enhances safety if the
data were made available to aircraft operators to safely
maintain and operate the aircraft. The section also requires
FAA to maintain the engineering data in the possession of the
Administration.
Sec. 303. Design and Production Organization Certificates
Certified Design and Production Organization Certificates
will be issued to established aviation manufacturers to
streamline the certification process and allow FAA to focus its
safety resources on primary safety concerns. This section
authorizes the Administrator to issue Certified Design and
Production Organization Certificates by a date certain, January
1, 2013, to ensure safety and accelerate NextGen. This section
clarifies that nothing in the section would affect the FAA's
authority to revoke the Certified Design and Production
Organization Certificates once issued.
Sec. 304. Aircraft certification process review and reform
This section directs the Administrator to review the
current practices for aircraft certification, and to implement
reforms to the aircraft certification to streamline the process
and reduce cost burdens based on the findings of the review.
The Committee believes that the current aircraft
certification process is in need of reform and that the FAA
should streamline and improve the consistency of the
certification process. Since no products can go to market
without certification, an improved and streamlined
certification process is critical to job creation in the
aviation manufacturing industry.
Sec. 305. Consistency of regulatory interpretation
The Committee has investigated concerns over the
consistency of regulatory interpretations of the national FAA
regulations to be valid. The Committee further found that the
inconsistency of the interpretations of the FAA's regulations
have added significantly to the cost and delay in operators'
compliance with FAA regulations.
This section directs the Administrator to convene an
advisory panel to determine the root causes of inconsistent
interpretation of regulations by the Administration's Flight
Standards Service and Aircraft Certification Service and
develop recommendations to improve the consistency of
interpreting regulations. The section directs the Administrator
to report to the appropriate committees of jurisdiction of the
Congress on the findings of the advisory panel and on the
Administrator's plans to implement the recommendations of the
advisory panel.
Sec. 306. Runway safety
This section requires the Administrator to submit a report
to Congress containing a plan for the installation and
deployment of systems to alert controllers and/or flight crews
to potential runway incursions. The runway incursion reduction
plan shall be integrated into the NextGen Implementation Plan
document. In addition, the FAA is required to create a
strategic runway safety plan within six months of enactment.
This section also directs the Administrator to develop a
process for tracking and investigating operational errors,
losses of standard separation, and runway incursions.
Sec. 307. Improved pilot licenses
This section requires the Administrator to issue improved
pilot licenses that are tamper-resistant, include a photograph,
and are capable of accommodating a digital photograph, a
biometric identifier, or any other unique identifier. The FAA
is also required, to the extent practicable, to develop methods
to determine whether a license has been tampered with, altered,
or counterfeited. In addition, the FAA may use designees to
carry out this section, and must report every six months on the
progress it has made issuing the improved licenses.
Sec. 308. Flight attendant fatigue
This section directs the Administrator, acting through the
Civil Aerospace Medical Institute (CAMI), to study flight
attendant fatigue and report to Congress on the results.
Sec. 309. Flight Standards Evaluation Program
This section directs the Administrator to modify the Flight
Standards Evaluation Program to include random audits of air
carriers in the agency's oversight. The section requires the
Administrator to report within a year of the date of enactment,
and annually thereafter, on the Flight Standards Evaluation
Program.
Sec. 310. Cockpit smoke
This section directs the Comptroller General to study and
report to Congress on the Federal Aviation Administration's
oversight activities relating to the use of new technologies to
prevent or mitigate the effects of dense continuous smoke in
the cockpit of a commercial aircraft.
Sec. 311. Safety of air ambulance operations
This section directs the Administrator to conduct a
rulemaking to improve the safety of helicopter air ambulance
operations. Among the matters to be addressed in the rulemaking
is a requirement that all helicopter emergency medical service
operators comply with the regulation in part 135 of title 14,
CFR whenever there is a medical crew on board, without regard
to whether there are patients on board the emergency medical
aircraft. The rulemaking will also address requirements for
technological upgrades, including on-board terrain awareness
and warning systems, radar altimeters, devices to record flight
data and cockpit conversations, and other flight equipment to
be worn by flight crew. The rulemaking required under this
section would address requirements for these operators to use a
standardized checklist of risk evaluation factors to determine
whether a mission should be accepted. This section would
require the Administrator to address in the rulemaking the
creation of a standardized flight dispatch procedure and
operational control center for these operators.
This section would require operators to submit to the FAA
various data relating to flight requests, accident information,
the number of flights conducted by the operator, and whether
multiple aircraft responded to a call.
Sec. 312. Off-airport, low-altitude aircraft weather observation
technology
This section directs the Administrator to conduct, within
one year of the date of enactment, a review of off-airport,
low-altitude aircraft weather reporting needs, an assessment of
technical alternatives (including automated weather observation
stations), an investment analysis, and recommendations for
improving weather reporting for these aircraft.
Sec. 313. Feasibility of requiring helicopter pilots to use night
vision goggles
This section directs the Administrator to conduct a study
on the feasibility and potential risks of requiring all pilots
of helicopters providing air ambulance services to use night
vision goggles during nighttime operations.
Sec. 314. Prohibition on personal use of electronic devices on flight
deck
This section inserts a new section into Title 49 U.S.C.
regarding the prohibition of the personal use of electronic
devices on the flight deck by airline pilots. The prohibition
excepts the use of these devices when used for work functions,
such as for use directly related to the operation of the flight
and employment-related communications. This section directs the
Administrator to promulgate regulations within two years to
carry out this prohibition.
The section also requires the Administrator to conduct a
study and report to Congress on the sources of distraction for
flight crewmembers, to determine the safety impacts of such
sources of distraction, and to issue recommendations on how to
reduce such distractions.
Sec. 315. Noncertificated maintenance providers
This provision requires the FAA to commence a rulemaking to
ensure that maintenance work on air carrier aircraft is
performed by part 145 repair stations or part 121 air carriers.
Sec. 316. Inspection of foreign repair stations
This section establishes requirements in Title 49 Unites
States Code for the inspection of foreign repair stations. It
requires the Administrator to inspect foreign repair stations
where identified risks warrant inspection. The section requires
the Administrator to notify the appropriate congressional
committees when the agency initiates negotiations with foreign
government agencies on a new maintenance safety agreement. This
section also requires drug and alcohol testing for employees of
repair stations in accordance with agreements with foreign
governments developed by the Department of State.
The section requires the Administrator to report annually
on the Administration's oversight of repair stations.
Sec. 317. Sunset of line check
This section sunsets, one year after the date of enactment,
the requirement for an additional annual line check evaluation
for airline pilots over the age of 60.
The Committee believes that air carriers can determine the
ability of pilots over the age of 60 through the use of
simulators where the pilot can actually be placed in emergency
situations and poor weather events.
Subtitle B--Unmanned Aircraft Systems
Sec. 321. Definitions
This section defines terms used in the Subtitle relating to
the use of Unmanned Aerial Systems including: certificate of
authorization; detect, sense, and avoid capability; public
unmanned aircraft system; Secretary; test range; unmanned
aircraft; and unmanned aircraft system.
Sec. 322. Commercial unmanned aircraft systems integration plan
The successful integration of unmanned aircraft systems
(UAS) into the National Airspace System (NAS) can support more
than 23,000 high-paying jobs in the United States, and help law
enforcement, fire officials, and border protection officials
better carry out their missions. The absence of a plan to
integrate UASs into the NAS is a barrier to such job creation
and safety and security efforts.
This section requires the Secretary to create a plan for
the safe integration of commercial UASs into the National
Airspace System. This plan shall consider technologies and
research, provide recommendations for rulemaking, recommend how
best to enhance technologies and subsystems to ensure safety,
and recommend a realistic time-frame for UAS integration into
the NAS no later than September 30, 2015. The plan is due to
Congress within one year of the date of enactment, and
rulemaking shall begin no later than 18 months thereafter.
Sec. 323. Special rules for certain unmanned aircraft systems.
This section requires, within six months of the date of
enactment, an assessment of whether certain UAS may operate
safely in the NAS prior to completion of the proposed
rulemaking in section 321 and the guidance in section 323. This
assessment must define the types of UAS allowed and determine
how they will be regulated and safely operate in the NAS.
Sec. 324. Public unmanned aircraft systems
This section requires the Secretary, not later than nine
months after the date of enactment, to issue guidance on the
operation of public unmanned aircraft systems to expedite the
issuance of the certificate of authorization process, provide a
collaborative process with public agencies, and facilitate the
capability of public agencies to develop and use test ranges.
Section 325. Unmanned aircraft systems test ranges
This section requires the Administrator to establish a
program to integrate unmanned aircraft systems into the
national airspace system at 4 test sites. The program requires
the Administrator to (1) safely designate nonexclusionary
airspace for integrated manned and unmanned flight operations,
(2) develop certification standards and air traffic
requirements, (3) coordinating with and leverage resources of
NASA and DOD, (4) address both commercial and public unmanned
aircraft systems, (5) ensure program is coordinated with
NextGen, and 6) provide for verification of safety before
integration. In determining the test site locations the
Administrator will take into consideration geographic location
and climatic diversity and, after consulting with NASA and the
Air Force, take into consideration the location of available
research radars.
Subtitle C--Safety and Protections
Sec. 331. Postemployment restrictions for flight standards inspectors
This section establishes a two-year post-service ``cooling-
off'' period for FAA inspectors or persons responsible for
oversight of FAA inspectors before they can act as an agent or
representative of a certificate holder that they previously had
responsibility for while employed at the FAA. This reform is
consistent with post-employment restrictions that apply to
other employees of the FAA.
Sec. 332. Review of Air Transportation Oversight System database
This section requires the FAA to implement monthly reviews
of the Air Transportation Oversight System (ATOS) database to
ensure that trends in regulatory compliance are identified and
appropriate corrective actions are taken in accordance with FAA
regulations. The section directs the Administrator to report to
Congress on a biannual basis on the findings of the monthly
ATOS reviews.
Sec. 333. Improved Voluntary Disclosure Reporting System
This section requires the FAA to modify the Voluntary
Disclosure Reporting Program (VDRP) system to require
inspectors to verify that air carriers have implemented
comprehensive solutions to correct underlying causes of
voluntarily disclosed violations, and confirm, before approving
a final report of a violation, that the violation or another
violation occurring under the same circumstances has not been
previously discovered by an inspector or self disclosed by an
air carrier. This section also directs the Inspector General of
the United States Department of Transportation to review the
Administrator's execution of the VDRP program.
Sec. 334. Aviation Whistleblower Investigation Office
This section creates an independent Aviation Safety
Whistleblower Investigation Office within the FAA. The director
of the new office is charged with receiving safety complaints
and information submitted by both FAA employees and employees
of certificated entities, investigating them, and then
recommending appropriate corrective actions to the FAA.
Sec. 335. Duty periods and flight time limitations applicable to flight
crewmembers
This section directs the Administrator to initiate
rulemakings to require commercial pilots who accept additional
flight assignments under Part 91 to count the flying time under
the additional flight assignments towards the commercial flight
time limitations under Part 121 or Part 135 of Title 14, Code
of Federal Regulations. The section requires the Administrator
to conduct two separate rulemakings for the Part 121 and Part
135 flight time limitations.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Essential Air Service
Section 401. Essential air service marketing
This section adds, as an additional factor the Secretary
shall consider in selecting an air carrier to provide essential
air service to a community, whether the air carrier has
included a plan in its proposal to market its services to the
community.
Section 402. Notice to communities prior to termination of eligibility
for subsidized essential air service
This section clarifies in law what occurs in practice. It
requires the Secretary to notify a community receiving basic
essential air service at least 45 days in advance of any final
decision to end EAS payments to that community due to a
determination by the Secretary that providing such service
requires a subsidy in excess of the per passenger subsidy cap.
In addition, the provision requires the Secretary to establish
procedures by which each community that is notified of an
impending loss of subsidy may work directly with an air carrier
to ensure that the air carrier is able to submit a proposal to
the Secretary that does not require a subsidy in excess of the
per passenger subsidy cap.
Section 403. Essential air service contract guidelines
This section requires the Secretary to include in the
guidelines governing the rate of compensation payable under the
EAS program provisions under which the Secretary may: (1)
encourage air carriers to improve air service to EAS
communities by incorporating in EAS contracts financial
incentives based on specified performance goals; and (2)
execute long-term EAS contracts to encourage air carriers to
provide service to EAS communities if it is in the public
interest to do so.
The Secretary shall issue revised guidelines incorporating
these changes not later than 18 months after enactment. The
Secretary shall report on the implementation and impact of the
revised guidelines within two years after they are issued.
Section 404. Essential air service reform
Subsection (a) authorizes the appropriation of $98 million
in FY 2011, $60 million in FY 2012, and $30 million in FY 2013
for the EAS program. These amounts are in addition to the $50
million per year the EAS program is currently authorized to
receive from the FAA's collection of overflight fees. Under
this provision, beginning in FY 2014, the EAS program would
receive from overflight fees only the amount needed to provide
essential air service to eligible communities in Alaska and
Hawaii.
Subsection (b) amends current law to require overflight
fees in excess of the amount provided to the EAS program to be
used as follows: up to $6 million per year for the Small
Community Air Service Development (SCASD) program, with any
amount remaining after that being used for NextGen.
Subsection (c) authorizes the Secretary to take such
actions as may be necessary to administer the EAS program
within the amount of funding made available for the program.
Section 405. Small community air service
This section adds an additional factor that the Secretary
shall consider in selecting communities for participation in
the SCASD program. Under this section, in addition to the
existing criteria for participation in the program, the
Secretary shall give priority to multiple communities that
cooperate to submit a regional or multi-state application to
improve air service. This section eliminates the general fund
authorization of appropriations for the SCASD program, funding
it instead through overflight fee collections, pursuant to
section 404(b).
The Committee is sensitive to concerns that grants made
under the SCASD program may be used by an airport operator to
compete with existing private businesses providing aviation
services at the airport. Before making a grant under section
41743 that would allow an airport operator to purchase fueling
or other ground service equipment that would compete with, or
replace, that of an existing aviation service provider already
in service at the airport, the Secretary should consider the
impact such a grant would have on the aviation service
provider, and weigh that impact relative to the public interest
that would be served by making the grant. In addition, if the
Secretary determines, based on SCASD program reviews, that such
grants do not improve the quality of air service available to
the community, then the Secretary should not make such grants
in the future.
Section 406. Adjustments to compensation for significantly increased
costs
Subsection (a) clarifies that the Secretary may, subject to
the availability of funds, make across-the-board increases in
subsidy payments to air carriers to compensate such carriers
for increased aviation fuel costs.
Subsection (b) requires adjustments to the rate of
compensation no later than 90 days after an incumbent carrier
files a notice to withdraw. Under current law, such adjustments
may take up to 180 days.
Subsection (c) authorizes the Secretary to waive the
subsidy-per-passenger cap for a limited time period on a case-
by-case basis.
Section 407. Repeal of EAS local participation program
This section repeals the EAS local participation program.
Section 408. Sunset of Essential Air Service program
This section sunsets the EAS program everywhere except
Alaska and Hawaii as of October 1, 2014.
Subtitle B--Passenger Air Services Improvements
Section 421. Smoking prohibition
This section prohibits smoking on aircrafts in all
intrastate, interstate and foreign air transportation for
scheduled passenger or non schedule passenger with a flight
attendant required.
Section 422. Monthly air carrier reports
This section requires the Secretary to collect and publish
data pertaining to cancelled and diverted flights of air
carriers. These reports will be published monthly and posted on
the DOT website.
Section 423. Flight operations at Reagan Washington National Airport
This section increases the beyond perimeter exempted slots
at National Airport from 24 to 34, offset by a reduction of 10
slots within the perimeter that are currently available but
unused. In addition, this section limits operations per hour to
no more than 67 flights. Scheduling priorities are afforded to
new entrant and limited incumbent air carriers for these beyond
perimeter exemptions.
Section 424. Musical instruments
This section creates a new section 41724 in Title 49,
United States Code requiring air carriers to allow a passenger
to carry a musical instrument in the passenger compartment of
an aircraft if it meets carry-on requirements and the aircraft
has space. Musical instruments may be checked baggage should
the sum of width, height, length not exceed 150 inches, weigh
over 165 pounds, or exceed size and weight restrictions for
that aircraft.
Section 425. Passenger air service improvements
This section creates a new chapter 423 in title 49,
entitled Air Passenger Service Improvements. Except where
otherwise specified, the requirements of chapter 423 shall
begin to apply 60 days after the date of enactment.
New section 42301, Emergency Contingency Plans, requires
that no later than 90 days after the date of enactment, air
carriers using aircraft with more than 30 seats participating
in commercial air transport at medium- or large-hub airports
and each operator of a medium- or large-hub airport will file
emergency contingency plans with the Secretary for review and
approval. These plans must detail how the air carrier will
provide food, water, restroom facilities, cabin ventilation,
and medical treatment for passengers onboard an aircraft that
is on the ground for an extended period of time without access
to the terminal. Air carriers and airports must detail in their
plan how they will allow passengers to deplane following
excessive delays, including how facilities and gates will be
shared. Further, air carriers and airports must provide a
sterile area following excessive tarmac delays for passengers
who have not yet cleared U.S. Customs and Border Protection.
The Secretary is required to review, approve, or require
modifications to the emergency contingency plans within 60 days
after the date of enactment and if he so chooses, can establish
minimum standards for the elements of the emergency contingency
plans in advance of the first required update. Should the
Secretary fail to approve or require modifications within the
specified time the plan or update shall be deemed approved. Air
carriers must update their plans every three years and airports
must update their plans every five years. Air carriers and
airports are required to adhere to their plans, and submit
their approved plan on the Internet Web site of the carrier or
operator or by means determined by the Secretary.
``Covered air transportation,'' ``tarmac delay'' are
defined in this section.
New section 42302, Consumer Complaints, requires the
Secretary to establish a consumer complaints toll-free hotline
telephone number and to take actions to notify the public of
that number and Internet Web site for the DOT Aviation Consumer
Protection Division (ACPD). In addition, this section requires
air carriers providing scheduled air transportation using any
aircraft with 30 or more passenger capacity to include on their
Internet website consumer complaints toll-free hotline
telephone number of DOT, email address, telephone number and
mailing address of the air carrier, and Internet Web site and
mailing address of the DOTs ACPD. Air carriers are required to
include a toll-free hotline telephone number prominently on
carrier signs displayed at airport ticket counters, and on any
electronic confirmation of the purchase of a passenger ticket.
New section 42303, Use of Insecticides on Passenger
Aircraft, subsection (a) requires the Secretary to establish
and make available to the public an internet website that
contains a list of countries that may require an air carrier or
foreign air carrier to treat aircraft passenger cabins with
insecticides prior to a flight or to apply an aerosol
insecticide in an aircraft cabin when the cabin is occupied
with passengers. Subsection (b) requires 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 website created under subsection (a) to
refer the purchaser of the ticket to the website specified in
subsection (a) for additional information.
Section 426. Airfares for members of the Armed Forces
This section states that it is the sense of Congress that
each U.S. air carrier should establish for all members of the
Armed Services on active duty, reduced air fares that are
comparable to the lowest airfare for ticketed flights, and
eliminate to the maximum extent possible advanced purchase
requirements; offer flexible terms that allow for such members
to purchase, modify, or cancel tickets without time
restrictions, fees and penalties; and waive baggage and excess
weight fees.
Section 427. Review of air carrier flight delays, cancellations and
associated causes
This section directs the DOT IG to conduct a review of air
carrier flight delays, cancellations, and associated causes to
update its 2000 report. This report shall include statistics on
flight delays and cancellations; an evaluation of air carriers'
scheduling practices with regard to delays and cancellations; a
re-examination of capacity benchmarks at the Nation's busiest
airports, the impact of flight delays and cancellations on
passengers and the airline industry, the effect of limited air
carrier service options on route have on the frequency of
delays and cancellations and the effect of DOT rules and
regulations on air carrier decisions and delay or cancel
flights. The report is due one year from the date of enactment.
Section 428. Denied boarding compensation
This section requires the Secretary, no later than 6 months
after enactment, and every two years following, to evaluate the
amount provided for denied boarding compensation and issue a
regulation to adjust such compensation as necessary.
Section 429. Compensation for delayed baggage
This section directs the Comptroller General to study
delays in the delivery of checked baggage to air carrier
passengers, assess options and examine impact of establishing
and make minimum standards to compensate a passenger in the
case of unreasonable delays, taking into consideration that
many carriers are charging additional fees for checked baggage
and how fees should improve air carrier's baggage performance.
The report must be submitted within 180 days of the date of
enactment.
Section 430. Schedule reduction
This provision requires the FAA to commence schedule
reduction meetings if aircraft operations of air carriers
exceed hourly benchmarks and are likely to have a significant
adverse effect on the national or regional airspace system. If
there is no agreement to reduce schedules, then the FAA shall
take action necessary to ensure reduction is implemented.
Section 431. DOT airline consumer complaint investigations
Allows the DOT to investigate consumer complaints regarding
(1) flight cancellations, (2) overbooking compliance, (3)
baggage issues, (4) fares, (5) incorrect or incomplete fare
information, (6) frequent flier mile rights, and (7) deceptive
or misleading advertising.
Section 432. Study of operators regulated under part 135
This section requires the FAA Administrator, along with
interested parties, to conduct a study of Part 135 operators.
In the study the Administrator shall include analysis of (1)
size and type of the fleet, (2) equipment of the fleet, (3)
hours flown by the fleet each year, (4) utilization rates, (5)
safety records of various aircrafts, (6) sales revenue of
fleet, and (7) number of passengers and airports served. Report
shall be issued no later than 18 months after enactment, and no
later than 3 years after submission of report, and every 2
years thereafter Administrator shall update report.
Section 433. Use of cell phones on passenger aircraft
This section requires the Administrator to conduct a study
on the impact of the use of cell phones for vocal communication
during a flight in scheduled passenger transportation where
currently permitted by foreign governments in foreign air
transportation. The study shall include a review of (1) the
foreign government and air carrier policies on this topic, (2)
the extent to which passengers use cell phones for voice
communications during a flight and (3) a summary of any impacts
of cell phone use during flight on safety, quality of flight
experience of passengers and flight attendants.
TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING
Section 501. Overflights of national parks
This section makes several changes to section 40128 that
governs commercial air tour operations over national parks.
This section exempts parks with 50 or fewer annual air tour
flights, with a provision for the National Park Service (NPS)
director to withdraw an exemption on a park-specific basis
based on concerns regarding the protection of park resources or
visitor experiences. This section also allows the NPS Director
and the FAA Administrator to enter into a voluntary agreement
with a commercial air tour operator as an alternative to an air
tour management plan. This section provides more flexibility to
the FAA and NPS to increase the number of operations or to
allow new entrant air tour operators under interim operating
authority conditions before an air tour management plan has
been established at a park. The additional interim operating
flexibility includes considerations by the NPS of the
environmental impacts on park resources and by the FAA of
impacts on aviation safety and the ATC system. Commercial air
tour operators must report the number of commercial air tours
over parks.
Section 502. State block grant program
This section codifies current practice that state
participants in the AIP State Block Grant Program (i.e.,
Georgia, Illinois, Michigan, Missouri, New Hampshire, North
Carolina, Pennsylvania, Tennessee, Texas and Wisconsin) have
the responsibility and authority to comply with environmental
requirements for projects at non-commercial service airports
within the State Block Grant Program, and that other Federal
agencies must recognize state environmental review analyses for
Federal approvals, licenses, or permits related to these
projects. This section also amends section 47128(a) to replace
the term `regulations' with `guidance' because the FAA has
issued guidance in the form of the AIP Handbook, 5100.38. This
is a ministerial change and does not impact the State Block
Grant Program or the Secretary's ability to place requirements
on the States under section 47128.
Section 503. NextGen environmental efficiency projects streamlining
This section incorporates NextGen environmental efficiency
projects into projects that are subject to streamlined
environmental review in section 47171.
Section 504. Airport funding of special studies or reviews
In order to help streamline environmental reviews for
airport capacity projects, Vision 100 codified the FAA's
authority to enter into reimbursable agreements with airport
sponsors to fund additional FAA staff and/or contract support
(using airport funds or AIP funds received by the airport).
This section broadens this authority by allowing the FAA to
accept such funds from airport sponsors to conduct special
environmental studies for ongoing federally-funded airport
projects, or studies to support approved airport noise
compatibility measures or environmental mitigation commitments
in an agency record of decision or a finding of no significant
impact or timely processing, review and completion of
environmental activities associated with new or amended flight
procedures. This additional option for funding environmental
reviews will accelerate the delivery of NextGen benefits.
Section 505. Noise compatibility programs
Current law requires operators applying for noise
compatibility programs to state the measures they have taken or
propose to take to reduce existing noncompatible uses and
prevent introducing additional noncompatible uses in the area.
This section adds as one of the measures, conducting land use
planning jointly with neighboring local jurisdictions for
community redevelopment of land or property interests of the
airport operator to encourage and enhance redevelopment
opportunities.
Section 506. Grant eligibility for assessment of flight procedures
In further support of NextGen Implementation, this section
encourages the implementation of environmentally-beneficial
aircraft flight procedures at airports by supporting, with AIP
assistance, the environmental review of airport-proposed
procedures that are approved by the FAA under 14 C.F.R. part
150, Airport Noise Compatibility Planning. This section also
allows the FAA to accept funds, including AIP and PFC funds,
from an airport sponsor to hire staff or obtain services to
provide environmental reviews for new flight procedures that
have been approved for airport noise compatibility planning
purposes. This additional option for funding environmental
reviews will accelerate the delivery of NextGen benefits.
Section 507. Determination of fair market value of residential
properties
This section amends section 47504 of current law and
instructs the Secretary to ensure that any property appraisal
conducted disregards any decrease or increase in fair market
value due to the project for which the property is to be
acquired.
Section 508. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise levels
This section requires that, after December 31, 2014, all
civil subsonic jet aircraft under 75,000 pounds must meet stage
3 noise levels within the 48 contiguous states, with some
exceptions for temporary operations. The exception for
emergency situations is designed to address area-wide
emergencies such as floods, hurricanes or acts of terrorism,
and not specific problems such as a person's illness or
economic hardships.
Section 509. Aircraft departure queue management pilot program
This section authorizes a pilot program at five public-use
airports to design, develop, and test new air traffic flow
management technology to better manage the flow of aircraft on
the ground and reduce ground holds and idling times for
aircraft. Airports will be selected based on the greatest fuel
savings or air quality improvements measured by the amount of
reduced fuel burn and emissions per dollar of funds expended
under the pilot program.
Section 510. High performance, sustainable and cost effective air
traffic control facilities
This section authorizes the FAA Administrator to implement
sustainable practices for incorporation of energy efficient
measures in the construction and major renovation of air
traffic control facilities in order to reduce energy
consumption, improve environmental performance and reduce the
cost of maintenance.
Section 511. Sense of Congress
It is the sense of Congress that the European Union should
not extend its emissions trading proposal to international
civil aviation without working through the ICAO.
Section 512. Aviation noise complaints
This section requires all large hub airports to list on
their internet websites a number in which individuals may call
to report airport noise any airport receiving 25 or more
complaints in a year is required to annually submit to the FAA
the number and summary of noise complaints received, which the
FAA Administrator shall make available to the public
electronically.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
Section 601. Federal Aviation Administration personnel management
system
The section amends section 40122(a) to modify the dispute
resolution process for proposed changes to the FAA personnel
management system, and replaces it with a new dispute
resolution process. Subsection (a) of this section requires
that if the FAA and one of its bargaining units do not reach
agreement, the services of the Federal Mediation and
Conciliation Service (FMCS) shall be used or the parties may
agree to an alternative dispute resolution procedure. If
mediation between the parties with the assistance of the FMCS
is unsuccessful, bargaining impasses shall be submitted to
binding interest arbitration before a three-person board
appointed under authority of the Federal Service Impasses Panel
(FSIP). The arbitration board has 90 days from the date of
appointment to render a decision. The arbitration board must
take into consideration such factors as, the effect of its
decisions on the ability of the FAA to attract and retain a
qualified workforce, the effect of its decisions on the FAA's
budget, and the effect of its decisions on other FAA employees.
The parties are bound by the decision issued by the arbitration
board. If an agreement is reached voluntarily or at the
conclusion of arbitration, the final agreement (other than
those matters decided by the arbitration board), is subject to
employee ratification and agency head review under title 49
U.S.C. Sec. 40122(g)(2)(C).
Section 602. Presidential rank award program
In 1996, the FAA reformed its personnel system under
special authority provided by Congress (now codified under 49
USC section 40122), which exempted the FAA from many
requirements of the federal government's personnel system,
including the Presidential Rank Award Program. This section
would change that and, through an amendment to Section 40122 of
Title 49, United States Code, allow the FAA's executives and
senior professionals to participate in the program.
Section 603. FAA technical training and staffing
Subsection (a) requires the Administrator to study to
assess the adequacy of FAA's technical training strategy and
improvement plan for airway transportation systems specialists.
The study is due within one year of the date of enactment to
the congressional committees of jurisdiction. Subsection (b)
requires the Academy to conduct a study to assess FAA
assumptions and methods used to determine FAA systems
specialist staffing needs to ensure proper maintenance and
certification of the NAS in the most cost effective manner.
While conducting this study, the Academy shall interview
interested parties, including labor, government and industry
representatives. The Academy shall submit a report to Congress
one year after contracted.
Section 604. Safety critical staffing
The section requires the FAA to implement, to the extent
practicable and in the most cost effective manner, the staffing
model for aviation safety inspectors by October 1, 2011,
following the recommendations outlined in the `Staffing
Standards for Aviation Safety Inspectors' report issued by the
Academy in 2007. The FAA shall consult with interested parties,
including aviation safety inspectors.
Section 605. FAA air traffic controller staffing
This section directs the FAA to enter into an arrangement
with the Academy to conduct a study of the air traffic
controller staffing standard used by 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. The Academy shall interview interested
parties, including labor, government and industry
representatives. The report shall include an examination of
representative information on productivity, human factors,
traffic acidity and improved technology and equipment. It
should also include an examination of recent Academy reviews of
the complexity model perform by MITRE Corporation. Finally, the
study should include consideration of the FAA's current and
estimated budgets and the most cost effective staffing model to
best leverage available funding. The Academy shall transmit a
report not later than 2 years after the date of enactment to
the appropriate committees of jurisdiction.
Section 606. Air traffic control specialist qualification training
This section authorizes the Administrator to appoint
qualified air traffic control specialist candidates with a
control tower operator certification for placement directly in
airport traffic control facilities. It also allows the
Administrator to accept reimbursement from an educational
entity to cover reasonable travel expenses associated with
issuing certifications to candidates.
Section 607. Assessment of training programs for air traffic
controllers
This section requires the Administrator to conduct a study
to assess the adequacy of training programs for air traffic
controllers, including the FAA's technical training strategy
and improvement plan. The study shall include a review of the
current training system for air traffic controllers, an
analysis of the competencies required of controllers under the
current ATC environment, an analysis of the competencies that
will be required under the NextGen, an analysis of various
training approaches available to satisfy these competencies,
recommendations to improve the current strategy, and the most
cost-effective approach to provide training to air traffic
controllers. The Administrator shall submit to Congress, within
180 days of enactment, a report on the results of this study.
Section 608. Collegiate training initiative study
This section requires the Administrator to conduct a study
on training options for graduates of the Collegiate Training
Initiative (CTI) under section 44506(c). The study must review
the impact of providing a new controller orientation session
for graduates followed by on-the-job training for newly hired
air traffic controllers. The study must analyze the cost
effectiveness of this alternative training approach as well as
the effect that such alternative training would have on the
overall quality of training received by CTI graduates. The
report is required to be submitted to the congressional
committees of jurisdiction 180 days after the date of
enactment.
Section 609. FAA facility conditions
This section requires the Comptroller General to conduct a
study of the conditions of a sampling of FAA facilities. The
Comptroller must also review the Facility Condition Indices.
The Comptroller General must make recommendations and issue a
report to the FAA and to the committees of jurisdiction no
later than one year after date of enactment. The report shall
contain recommendations that the Comptroller General considers
necessary to prioritize facilities needing the most immediate
attention, ensure that the FAA is using scientifically approved
remediation techniques, and assist the FAA in making
programmatic changes.
Section 610. Front line manager staffing
This section would require the FAA Administrator to
commission an independent study on front line manager staffing
requirements in air traffic control facilities.
TITLE VII--AVIATION INSURANCE
Section 701. General authority
Current law section 44302(f) of Title 49, United States
Code, initially added by section 1202 of the Homeland Security
Act of 2002 (P.L. 107-296), requires the FAA to provide U.S.
airlines aviation insurance from the first dollar of loss at
capped premium rates. This section extends this requirement
until September 30, 2013. This requirement then becomes
discretionary until December 31, 2013.
Section 702. Extension of authority to limit third-party liability of
air carriers arising out of acts of terrorism
Current law (section 44303(b) of Title 49, United States
Code) allows the Secretary to limit an airline's third-party
liability to $100 million and also prohibits punitive damages
against either an airline or the Federal Government for any
cause resulting from a terrorist event. This section extends
the expiration date of this authority, to December 31, 2013.
Section 703. Clarification of reinsurance authority
This section amends the reinsurance section in Title 49,
United States Code to clarify that the DOT may, as a risk
mitigation technique, purchase reinsurance from commercial
reinsurers to supplement payment of claims from the aviation
insurance revolving fund.
Section 704. Use of independent claims adjusters
Section 44308 of Title 49, United States Code provides that
the FAA may use commercial insurance carriers to underwrite
insurance and adjust claims. Section 704 of this bill amends
section 44308(c)(1) to provide the FAA with explicit authority
to use claims adjusters independent of an insurance
underwriting agent. Having the flexibility to use an
independent claims adjuster should, depending on the
circumstances of a claim, avoid potential conflict of interest
between a commercial insurance company acting as a claims
adjuster for the FAA and its role as a provider of other
insurance to an airline. This section may also expedite claims
in the United States and foreign jurisdictions.
TITLE VIII--MISCELLANEOUS
Section 801. Disclosure of data to federal agencies in interest of
national security
This section clarifies that the FAA has limited authority
to release data and reports that are pulled from the FAA's
systems of records, which are subject to the Privacy Act (5
U.S.C. Sec. 552), to other Federal agencies in the interest of
national security.
Section 802. FAA access to criminal history records and database
systems
The Federal Bureau of Investigation notified the FAA that a
statutory clarification is necessary for the FAA to continue to
have access to the National Crime Information Center (NCIC),
and consequently state databases as well, that contain criminal
history information (e.g. arrests, convictions, warrants). This
section provides statutory authority for the FAA to continue to
access the NCIC and related state criminal history databases so
that the FAA may continue to perform its critical safety and
security functions. Specifically, certain designated FAA staff
have permission to access Federal, state, and local law
enforcement databases, use their radio, data link or warning
systems, and receive Government communications, at least to the
same extent and in the same manner as state and local police.
Section 803. Civil penalties technical amendments
This section applies civil penalties to violations of
chapter 451 on Alcohol and Controlled Substance Testing.
Section 804. Realignment and consolidation of FAA services and
facilities
This section addresses the need to consolidate and realign
FAA tower control facilities to reduce costs and facilitate the
NextGen efforts without adversely affecting safety. To serve
this purpose the Aviation Facilities and Services Board shall
be established by the Secretary as an independent board, with
members who serve for a term of 3 years and is chaired by the
Secretary who appoints two members to the board, and the
Comptroller General who is a nonvoting member. The
Administrator shall publish proposed criteria in the Federal
Register and shall publish final criteria after allowing for a
30 days comment period. Based upon the final criteria, the
Administrator shall make recommendations for consolidation and
realignment that will be published in the Federal Register no
later than 90 days after date of publication of the final
criteria. The Administrator shall transmit recommendations to
the Board and the congressional committees of interest. The
Board will hold public hearings on the Administrator's
recommendations and will submit to Congress a report based on
their findings and conclusions of the Administrator's
recommendations, and will justify any difference in
recommendations from the Administrator's recommendations. This
report shall be published in the Federal Register and
transmitted to congressional committees of interest no later
than 60 days after receipt of the Administrator's
recommendations. FAA may not carry out the recommendations of
the Board if a joint resolution of disapproval is enacted by
Congress before the earlier if the last day of the 30 day
period or adjourning sine die. The Administrator shall realign
and consolidate facilities and services recommend by the Board.
Section 805. Limiting access to flight decks of all-cargo aircraft
This section requires the FAA, within 180 days of the date
of enactment, to assess the feasibility of developing a
physical means, or a combination of physical and procedural
means, to prohibit individuals, other than authorized flight
crewmembers, from accessing the flight decks of all-cargo
aircraft. The final report must be submitted to Congress within
one year of the date of enactment. Many all-cargo aircraft do
not have a fortified cockpit door or other barrier that limits
access to the flight deck, and have limited ground security
procedures.
Section 806. Consolidation or elimination of obsolete, redundant, or
otherwise unnecessary reports; use of electronic media format
This section orders the FAA to submit to Congress no later
than 2 years after date of enactment and every 2 years
thereafter, a report listing all obsolete, redundant or
unnecessary reports FAA is required by law to submit or publish
that the Administrator recommends eliminating or consolidating,
and a cost sayings that would result. The Administration may
not publish any report required or authorized by in printed
format, but shall publish such reports by posting on the
Administrations Internet website. This does not apply any
report that is determined by the Administrator to be essential
to the mission of the FAA in its printed format, or the
disclosure would have negative impact on aviation safety or
security.
Section 807. Prohibition on use of certain funds
This section prohibits the Secretary from using funds
available in this act to name, rename, designate or redesignate
any project or programs authorized in this act after an
individual who is currently serving in Congress.
Section 808. Study on aviation fuel prices
This section requires the Comptroller General to conduct a
study and report to Congress on the impact of aviation fuel
price increases on the Airport Trust Fund and the aviation
industry in general. The Comptroller General will use the
average aviation fuel price for fiscal year 2010 as a baseline.
Section 809. Wind turbine lighting
This section directs the Administrator to study: the effect
of lighting for wind turbine on residential areas; safety
issues relating to alternative lighting strategies,
technologies, or regulations; potential energy savings;
feasibility of implementing alternative lighting strategies or
technologies; and any other wind turbine lighting issues. The
FAA is responsible for evaluating the effect structures over
200 feet have on the NAS. In the past, considerable research
was done to determine the minimum marking and lighting options
that ensured an acceptable level of safety in air navigation.
In recent years, new technologies and environmental
considerations have changed, supporting the need for a new
study to evaluate marking and lighting systems. The report is
due to Congress within 180 days of the date of enactment.
Section 810. Air-rail code sharing study
This section directs the Comptroller General to conduct a
study regarding the existing airline and intercity passenger
rail code sharing arrangements and the effects of the
increasing of intermodal connectivity of airline and intercity
passenger rail facilities and systems to improve passenger
travel. In conducting the study the Comptroller General will
consider costs, experience of other countries with airport and
intercity rail connectivity and other issues deemed
appropriate. The Comptroller General will submit a report to
Congressional committees no later than one year after beginning
the study.
Section 811. D.C. Metropolitan Area Special Flight Rules Area
This section requires the Administrator, in consultation
with the Secretary of Homeland Security and the Secretary of
Defense, to submit a report to the appropriate congressional
committees within 180 days that outlines 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 region.
Section 812. FAA review and reform
Subsection (a) requires the Administrator to undertake, not
later than 60 days after enactment, a thorough review of each
program, office, and organization with 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.
Subsection (b) and (c) authorize the Administrator to, not
later than 120 days after enactment, undertake such actions as
may be necessary to address the Administrator's findings under
subsection (a).
Section 813. Cylinders of compressed oxygen or other oxidizing gases
This section exempts the transportation of cylinders of
compressed oxygen or other oxidizing gases aboard aircraft in
Alaska from compliance with regulations that require that
oxidizing gases transported aboard aircraft be in thermal
resistant outer packaging capable of passing the flame
penetration and resistance test and the thermal resistance
test, without regard to the end use of the cylinders. The
exemption shall apply in circumstances in which transportation
of the cylinders by ground or vessel is unavailable and
transportation by aircraft is the only practical means for
transporting the cylinders to the destination.
TITLE IX--NATIONAL MEDIATION BOARD
Sec. 901. Authority of the Inspector General
The National Mediation Board is the agency that governs
employee organization and representation election procedures in
the airline and railroad industries. In addition, the Board
provides dispute resolution services for collective bargaining
agreement contract negotiations in order to avoid disruptive
work stoppages in the two critical transportation modes.
Currently, no Inspector General of the United States
Government has specific authority to conduct audits and
evaluate the Board's programs and expenditures. This section
vests in the Inspector General of the United States Department
of Transportation such authority in order to prevent waste,
fraud, and abuse.
Sec. 902. Evaluation and audit of the National Mediation Board
The Comptroller General of the United States currently has
no specific direction to conduct audits and evaluate the
National Mediation Board's programs and expenditures. This
section directs the Comptroller General of the United States to
conduct such audits.
Sec. 903. Repeal of rule
In May 2010, the National Mediation Board (NMB)
unilaterally changed union election procedures that had been in
place for 75 years. The previous and long-standing election
procedures required that a majority of all airline workers vote
in favor of union representation to gain union certification.
The rule changes allow union certification where only a
majority of the employees who actually vote in the election
vote for certification. Under the rules which had been in place
for 75 years, if an airline had 4,000 nonunion employees, 2,001
must vote yes to unionize. Under the rule changes, if only
1,000 of 4,000 employees vote and 501 vote yes, all 4,000
become subject to unionization.
The Board's statutory mandate is to maintain stable labor
relations in the airline and railroad industries and for 75
years it maintained that that stability by ensuring a majority
of the votes casted was for union representation. Now, under
the NMB's ruling, it is possible that a minority of employees
can vote for union representation. The new rule assumes that a
failure to vote is a ``yes'' vote. Under the old system, a
voter could effectively cast a vote against representation by
simply not submitting a ballot.
The Committee believes the NMB's rule changes are a
fundamental reversal of long-standing guidelines on
transportation labor elections under the Railway Labor Act;
rules which have guided union elections through 12 Presidential
administrations. The rules that were changed are tied to
critical national policies recognizing the importance of air
transportation to commerce and the need for union
representation that has a majority of support from employees.
Given the national policy implications, the Committee
believes that any such fundamental change to longstanding
precedent is properly and solely the authority of the United
States Congress.
Effective January 1, 2011, this section repeals the rule
prescribed by the National Mediation Board published on May 11,
2010 relating to representation election procedures.
TITLE X--COMMERCIAL SPACE TRANSPORTATION
Sec. 1001. Space flight passengers
Recognizing the transition of commercial space launch
activities from the research and development to transportation
and space tourism, this section changes the term used to
identify an individual, who is not crew, carried within a
launch vehicle or reentry vehicle from ``space flight
participant'' to ``space flight passenger''. This section makes
no substantive changes to the commercial space chapter.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
* * * * * * *
Sec. 106. Federal Aviation Administration
(a) * * *
* * * * * * *
(k) Authorization of Appropriations for Operations.--
(1) Salaries, operations, and maintenance.--There is
authorized to be appropriated to the Secretary of
Transportation for salaries, operations, and
maintenance of the Administration--
[(A) $7,591,000,000 for fiscal year 2004;
[(B) $7,732,000,000 for fiscal year 2005;
[(C) $7,889,000,000 for fiscal year 2006;
[(D) $8,064,000,000 for fiscal year 2007;
[(E) $9,042,467,000 for fiscal year 2009; and
[(F) $9,350,028,000 for fiscal year 2010.]
(A) $9,403,000,000 for fiscal year 2011;
(B) $9,168,000,000 for fiscal year 2012;
(C) $9,168,000,000 for fiscal year 2013; and
(D) $9,168,000,000 for fiscal year 2014.
(2) Authorized expenditures.--Out of amounts
appropriated under paragraph (1), the following
expenditures are authorized:
[(A) Such sums as may be necessary for fiscal
years 2004 through 2007 to support
infrastructure systems development for both
general aviation and the vertical flight
industry.
[(B) Such sums as may be necessary for fiscal
years 2004 through 2007 to establish helicopter
approach procedures using current technologies
(such as the Global Positioning System) to
support all-weather, emergency medical service
for trauma patients.
[(C) Such sums as may be necessary for fiscal
years 2004 through 2007 to revise existing
terminal and en route procedures and instrument
flight rules to facilitate the takeoff, flight,
and landing of tiltrotor aircraft and to
improve the national airspace system by
separating such aircraft from congested flight
paths of fixed-wing aircraft.
[(D) Such sums as may be necessary for fiscal
years 2004 through 2007 for the Center for
Management Development of the Federal Aviation
Administration to operate training courses and
to support associated student travel for both
residential and field courses.]
[(E)] (A) Such sums as may be necessary for
fiscal years [2004 through 2007] 2011 through
2014 to carry out and expand the Air Traffic
Control Collegiate Training Initiative.
[(F)] (B) Such sums as may be necessary for
fiscal years [2004 through 2007] 2011 through
2014 for the completion of the Alaska aviation
safety project with respect to the 3
dimensional mapping of Alaska's main aviation
corridors.
[(G)] (C) Such sums as may be necessary for
fiscal years [2004 through 2007] 2011 through
2014 to carry out the Aviation Safety Reporting
System and the development and maintenance of
helicopter approach procedures.
(3) Administering program within available funding.--
Notwithstanding any other provision of law, in each of
fiscal years 2011 through 2014, if the Secretary
determines that the funds appropriated under paragraph
(1) are insufficient to meet the salary, operations,
and maintenance expenses of the Federal Aviation
Administration, as authorized by this section, the
Secretary shall reduce nonsafety-related activities of
the Administration as necessary to reduce such expenses
to a level that can be met by the funding available
under paragraph (1).
* * * * * * *
(m) Cooperation by Administrator.--With the consent of
appropriate officials, the Administrator may, with or without
reimbursement, use or accept the services, equipment,
personnel, and facilities of any other Federal agency (as such
term is defined in section 551(1) of title 5) and any other
public or private entity. The Administrator may also cooperate
with appropriate officials of other public and private agencies
and instrumentalities concerning the use of services,
equipment, personnel, and facilities. The head of each Federal
agency shall cooperate with the Administrator in making the
services, equipment, personnel, and facilities of the Federal
agency available to the Administrator. The head of a Federal
agency is authorized, notwithstanding any other provision of
law, to transfer to or to receive from the Administration, with
or without reimbursement, supplies, personnel, services, and
equipment other than administrative supplies or equipment.
* * * * * * *
(s) Chief Nextgen Officer.--
(1) In general.--
(A) Appointment.--There shall be a Chief
NextGen Officer appointed by the Administrator.
The Chief NextGen Officer shall report directly
to the Administrator and shall be subject to
the authority of the Administrator.
(B) Qualifications.--The Chief NextGen
Officer shall have a demonstrated ability in
management and knowledge of or experience in
aviation and systems engineering.
(C) Term.--The Chief NextGen Officer shall be
appointed for a term of 5 years.
(D) Removal.--The Chief NextGen Officer shall
serve at the pleasure of the Administrator,
except that the Administrator shall make every
effort to ensure stability and continuity in
the leadership of the implementation of
NextGen.
(E) Vacancy.--Any individual appointed to
fill a vacancy in the position of Chief NextGen
Officer occurring before the expiration of the
term for which the individual's predecessor was
appointed shall be appointed for the remainder
of that term.
(2) Compensation.--
(A) In general.--The Chief NextGen Officer
shall be paid at an annual rate of basic pay to
be determined by the Administrator. The annual
rate may not exceed the annual compensation
paid under section 102 of title 3. The Chief
NextGen Officer shall be subject to the
postemployment provisions of section 207 of
title 18 as if the position of Chief NextGen
Officer were described in section
207(c)(2)(A)(i) of that title.
(B) Bonus.--In addition to the annual rate of
basic pay authorized by subparagraph (A), the
Chief NextGen Officer may receive a bonus for
any calendar year not to exceed 30 percent of
the annual rate of basic pay, based upon the
Administrator's evaluation of the Chief NextGen
Officer's performance in relation to the
performance goals set forth in the performance
agreement described in paragraph (3).
(3) Annual performance agreement.--The Administrator
and the Chief NextGen Officer, in consultation with the
Federal Aviation Management Advisory Council, shall
enter into an annual performance agreement that sets
forth measurable organization and individual goals for
the Chief NextGen Officer in key operational areas. The
agreement shall be subject to review and renegotiation
on an annual basis.
(4) Annual performance report.--The Chief NextGen
Officer shall prepare and transmit to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Science and Technology of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate an annual
management report containing such information as may be
prescribed by the Secretary.
(5) Responsibilities.--The responsibilities of the
Chief NextGen Officer include the following:
(A) Implementing NextGen activities and
budgets across all program offices of the
Federal Aviation Administration.
(B) Coordinating the implementation of
NextGen activities with the Office of
Management and Budget.
(C) Reviewing and providing advice on the
Administration's modernization programs,
budget, and cost accounting system with respect
to NextGen.
(D) With respect to the budget of the
Administration--
(i) developing a budget request of
the Administration related to the
implementation of NextGen;
(ii) submitting such budget request
to the Administrator; and
(iii) ensuring that the budget
request supports the annual and long-
range strategic plans of the
Administration with respect to NextGen.
(E) Consulting with the Administrator on the
Capital Investment Plan of the Administration
prior to its submission to Congress.
(F) Developing an annual NextGen
implementation plan.
(G) Ensuring that NextGen implementation
activities are planned in such a manner as to
require that system architecture is designed to
allow for the incorporation of novel and
currently unknown technologies into NextGen in
the future and that current decisions do not
bias future decisions unfairly in favor of
existing technology at the expense of
innovation.
(H) Coordinating with the NextGen Joint
Planning and Development Office with respect to
facilitating cooperation among all Federal
agencies whose operations and interests are
affected by the implementation of NextGen.
(6) Exception.--If the Administrator appoints as the
Chief NextGen Officer, pursuant to paragraph (1)(A), an
Executive Schedule employee covered by section 5315 of
title 5, then paragraphs (1)(B), (1)(C), (2), and (3)
of this subsection shall not apply to such employee.
(7) Nextgen defined.--For purposes of this
subsection, the term ``NextGen'' means the Next
Generation Air Transportation System.
(t) Aviation safety whistleblower investigation office.--
(1) Establishment.--There is established in the
Federal Aviation Administration (in this section
referred to as the ``Agency'') an Aviation Safety
Whistleblower Investigation Office (in this subsection
referred to as the ``Office'').
(2) Director.--
(A) Appointment.--The head of the Office
shall be the Director, who shall be appointed
by the Secretary of Transportation.
(B) Qualifications.--The Director shall have
a demonstrated ability in investigations and
knowledge of or experience in aviation.
(C) Term.--The Director shall be appointed
for a term of 5 years.
(D) Vacancy.--Any individual appointed to
fill a vacancy in the position of the Director
occurring before the expiration of the term for
which the individual's predecessor was
appointed shall be appointed for the remainder
of that term.
(3) Complaints and investigations.--
(A) Authority of director.--The Director
shall--
(i) receive complaints and
information submitted by employees of
persons holding certificates issued
under title 14, Code of Federal
Regulations, and employees of the
Agency concerning the possible
existence of an activity relating to a
violation of an order, regulation, or
standard of the Agency or any other
provision of Federal law relating to
aviation safety;
(ii) assess complaints and
information submitted under clause (i)
and determine whether a substantial
likelihood exists that a violation of
an order, regulation, or standard of
the Agency or any other provision of
Federal law relating to aviation safety
has occurred; and
(iii) based on findings of the
assessment conducted under clause (ii),
make recommendations to the
Administrator in writing for further
investigation or corrective actions.
(B) Disclosure of identities.--The Director
shall not disclose the identity of an
individual who submits a complaint or
information under subparagraph (A)(i) unless--
(i) the individual consents to the
disclosure in writing; or
(ii) the Director determines, in the
course of an investigation, that the
disclosure is required by regulation,
statute, or court order, or is
otherwise unavoidable, in which case
the Director shall provide the
individual reasonable advanced notice
of the disclosure.
(C) Independence of director.--The Secretary,
the Administrator, or any officer or employee
of the Agency may not prevent or prohibit the
Director from initiating, carrying out, or
completing any assessment of a complaint or
information submitted under subparagraph (A)(i)
or from reporting to Congress on any such
assessment.
(D) Access to information.--In conducting an
assessment of a complaint or information
submitted under subparagraph (A)(i), the
Director shall have access to all records,
reports, audits, reviews, documents, papers,
recommendations, and other material necessary
to determine whether a substantial likelihood
exists that a violation of an order,
regulation, or standard of the Agency or any
other provision of Federal law relating to
aviation safety may have occurred.
(4) Responses to recommendations.--Not later than 60
days after the date on which the Administrator receives
a report with respect to an investigation, the
Administrator shall respond to a recommendation made by
the Director under subparagraph (A)(iii) in writing and
retain records related to any further investigations or
corrective actions taken in response to the
recommendation.
(5) Incident reports.--If the Director determines
there is a substantial likelihood that a violation of
an order, regulation, or standard of the Agency or any
other provision of Federal law relating to aviation
safety has occurred that requires immediate corrective
action, the Director shall report the potential
violation expeditiously to the Administrator and the
Inspector General of the Department of Transportation.
(6) Reporting of criminal violations to inspector
general.--If the Director has reasonable grounds to
believe that there has been a violation of Federal
criminal law, the Director shall report the violation
expeditiously to the Inspector General.
(7) Annual reports to Congress.--Not later than
October 1 of each year, the Director shall submit to
Congress a report containing--
(A) information on the number of submissions
of complaints and information received by the
Director under paragraph (3)(A)(i) in the
preceding 12-month period;
(B) summaries of those submissions;
(C) summaries of further investigations and
corrective actions recommended in response to
the submissions; and
(D) summaries of the responses of the
Administrator to such recommendations.
* * * * * * *
SUBTITLE II--OTHER GOVERNMENT AGENCIES
* * * * * * *
CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
* * * * * * *
SUBCHAPTER IV--ENFORCEMENT AND PENALTIES
* * * * * * *
Sec. 1153. Judicial review
(a) * * *
* * * * * * *
(c) Administrator Seeking Judicial Review of Aviation
Matters.--When the Administrator of the Federal Aviation
Administration decides that an order of the Board under
[section 44709 or] section 44703(d), 44709, or 46301(d)(5) of
this title will have a significant adverse impact on carrying
out this chapter related to an aviation matter, the
Administrator may obtain judicial review of the order under
section 46110 of this title. The Administrator shall be made a
party to the judicial review proceedings. Findings of fact of
the Board are conclusive if supported by substantial evidence.
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
PART A--AIR COMMERCE AND SAFETY
SUBPART I--GENERAL
Chapter Sec.
General Provisions...........................................40101
* * * * * * *
SUBPART II--ECONOMIC REGULATION
* * * * * * *
42301assenger Air Service Improvements................................
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART I--GENERAL
* * * * * * *
CHAPTER 401--GENERAL PROVISIONS
Sec.
40101. Policy.
* * * * * * *
[40117. Passenger facility fees.]
40117. Passenger facility charges.
* * * * * * *
40130. FAA access to criminal history records and database systems.
* * * * * * *
Sec. 40102. Definitions
(a) General Definitions.--In this part--
(1) * * *
* * * * * * *
(4) ``air navigation facility'' means a facility
used, available for use, or designed for use, in aid of
air navigation, including--
(A) * * *
[(B) a light;
[(C) apparatus or equipment for distributing
weather information, signaling, radio-
directional finding, or radio or other
electromagnetic communication; and]
(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;
[(D) another structure] (E) any structure,
equipment, or mechanism for guiding or
controlling flight in the air or the landing
and takeoff of aircraft[.]; and
(F) buildings, equipment, and systems
dedicated to the national airspace system.
* * * * * * *
Sec. 40110. General procurement authority
(a) General.--In carrying out this part, the Administrator of
the Federal Aviation Administration--
(1) * * *
[(2) may dispose of an interest in property for
adequate compensation; and
[(3) may construct and improve laboratories and other
test facilities.]
(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.
* * * * * * *
(c) Duties and Powers.--When carrying out subsection (a) of
this section, the Administrator of the Federal Aviation
Administration may--
(1) * * *
* * * * * * *
(3) construct, or acquire an interest in, a public
building (as defined in section 3301(a) of title 40)
only under a delegation of authority from the
Administrator of General Services; and
[(4) use procedures other than competitive procedures
only when the property or services needed by the
Administrator of the Federal Aviation Administration
are available from only one responsible source or only
from a limited number of responsible sources and no
other type of property or services will satisfy the
needs of the Administrator; and]
[(5)] (4) dispose of property under subsection (a)(2)
of this section, except for airport and airway property
and technical equipment used for the special purposes
of the Administration, only under sections 121, 123,
and 126 and chapter 5 of title 40.
* * * * * * *
Sec. 40113. Administrative
(a) * * *
* * * * * * *
(e) Assistance to Foreign Aviation Authorities.--
(1) Safety-related training and operational
services.--The Administrator may provide safety-related
training and operational services to foreign aviation
authorities (whether public or private) with or without
reimbursement, if the Administrator determines that
providing such services promotes aviation [safety.]
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). To the
extent practicable, air travel reimbursed under this
subsection shall be conducted on United States air
carriers.
(2) Reimbursement sought.--The Administrator shall
actively seek reimbursement for services provided under
this subsection from foreign aviation authorities
capable of providing such reimbursement. The
Administrator is authorized, notwithstanding any other
provision of law or policy, to accept payments for
services provided under this subsection in arrears.
[(3) Crediting appropriations.--Funds received by the
Administrator pursuant to this section shall be
credited to the appropriation from which the expenses
were incurred in providing such services.]
(3) Crediting appropriations.--Funds received by the
Administrator pursuant to this section shall--
(A) be credited to the appropriation current
when the amount is received;
(B) be merged with and available for the
purposes of such appropriation; and
(C) remain available until expended.
* * * * * * *
Sec. 40117. Passenger facility [Fees] Charges
(a) Definitions.--In this section, the following definitions
apply:
(1) * * *
* * * * * * *
(3) Eligible airport-related project.--The term
``eligible airport-related project'' means any of the
following projects:
(A) * * *
(B) A project for terminal development
described in [section 47110(d)] section
47119(a).
* * * * * * *
[(5) Passenger facility fee.--The term ``passenger
facility fee'' means a charge imposed under this
section.]
(5) Passenger facility charge.--The term ``passenger
facility charge'' means a charge or fee imposed under
this section.
(6) Passenger facility revenue.--The term ``passenger
facility revenue'' means revenue derived from a
passenger facility [fee] charge.
(b) General Authority.--(1) The Secretary of Transportation
may authorize under this section an eligible agency to impose a
passenger facility [fee] charge of $1, $2, or $3 on each paying
passenger of an air carrier or foreign air carrier boarding an
aircraft at an airport the agency controls to finance an
eligible airport-related project, including making payments for
debt service on indebtedness incurred to carry out the project,
to be carried out in connection with the airport or any other
airport the agency controls.
(2) A State, political subdivision of a State, or authority
of a State or political subdivision that is not the eligible
agency may not regulate or prohibit the imposition or
collection of a passenger facility [fee] charge or the use of
the passenger facility revenue.
(3) A passenger facility [fee] charge may be imposed on a
passenger of an air carrier or foreign air carrier originating
or connecting at the commercial service airport that the agency
controls.
(4) In lieu of authorizing a [fee] charge under paragraph
(1), the Secretary may authorize under this section an eligible
agency to impose a passenger facility [fee] charge of $4.00 or
$4.50 on each paying passenger of an air carrier or foreign air
carrier boarding an aircraft at an airport the agency controls
to finance an eligible airport-related project, including
making payments for debt service on indebtedness incurred to
carry out the project, if the Secretary finds--
(A) * * *
* * * * * * *
(5) Maximum cost for certain low-emission technology
projects.--The maximum cost that may be financed by imposition
of a passenger facility [fee] charge under this section for a
project described in subsection (a)(3)(G) with respect to a
vehicle or ground support equipment may not exceed the
incremental amount of the project cost that is greater than the
cost of acquiring a vehicle or equipment that is not low-
emission and would be used for the same purpose, or the cost of
low-emission retrofitting, as determined by the Secretary.
(6) Debt service for certain projects.--In addition to the
uses specified in paragraphs (1) and (4), the Secretary may
authorize a passenger facility [fee] charge imposed under
paragraph (1) or (4) to be used for making payments for debt
service on indebtedness incurred to carry out at the airport a
project that is not an eligible airport-related project if the
Secretary determines that such use is necessary due to the
financial need of the airport.
(7) Noise mitigation for certain schools.--
(A) In general.--In addition to the uses specified in
paragraphs (1), (4), and (6), the Secretary may
authorize a passenger facility [fee] charge imposed
under paragraph (1) or (4) at a large hub airport that
is the subject of an amended judgment and final order
in condemnation filed on January 7, 1980, by the
Superior Court of the State of California for the
county of Los Angeles, to be used for a project to
carry out noise mitigation for a building, or for the
replacement of a relocatable building with a permanent
building, in the noise impacted area surrounding the
airport at which such building is used primarily for
educational purposes, notwithstanding the air easement
granted or any terms to the contrary in such judgment
and final order, if--
(i) * * *
* * * * * * *
(v) the project otherwise meets the
requirements of this section for authorization
of a passenger facility [fee] charge.
* * * * * * *
(c) Applications.--(1) An eligible agency must submit to the
Secretary an application for authority to impose a passenger
facility [fee] charge. The application shall contain
information and be in the form that the Secretary may require
by regulation.
(2) Before submitting an application, the eligible agency
must provide reasonable notice to, and an opportunity for
consultation with, air carriers and foreign air carriers
operating at the airport. The Secretary shall prescribe
regulations that define reasonable notice and contain at least
the following requirements:
(A) The agency must provide written notice of
individual projects being considered for financing by a
passenger facility [fee] charge and the date and
location of a meeting to present the projects to air
carriers and foreign air carriers operating at the
airport.
* * * * * * *
(3) Before submitting an application, the eligible agency
must provide reasonable notice and an opportunity for public
comment. The Secretary shall prescribe regulations that define
reasonable notice and provide for at least the following under
this paragraph:
(A) A requirement that the eligible agency provide
public notice of intent to collect a passenger facility
[fee] charge so as to inform those interested persons
and agencies that may be affected. The public notice
may include--
(i) * * *
* * * * * * *
(d) Limitations on Approving Applications.--The Secretary may
approve an application that an eligible agency has submitted
under subsection (c) of this section to finance a specific
project only if the Secretary finds, based on the application,
that--
(1) the amount and duration of the proposed passenger
facility [fee] charge will result in revenue (including
interest and other returns on the revenue) that is not
more than the amount necessary to finance the specific
project;
* * * * * * *
(4) in the case of an application to impose a [fee]
charge of more than $3.00 for an eligible surface
transportation or terminal project, the agency has made
adequate provision for financing the airside needs of
the airport, including runways, taxiways, aprons, and
aircraft gates.
(e) Limitations on Imposing [Fees] Charges.--(1) An eligible
agency may impose a passenger facility [fee] charge only--
(A) * * *
* * * * * * *
(2) A passenger facility [fee] charge may not be collected
from a passenger--
(A) * * *
* * * * * * *
(f) Limitations on Contracts, Leases, and Use Agreements.--
(1) A contract between an air carrier or foreign air carrier
and an eligible agency made at any time may not impair the
authority of the agency to impose a passenger facility [fee]
charge or to use the passenger facility revenue as provided in
this section.
(2) A project financed with a passenger facility [fee] charge
may not be subject to an exclusive long-term lease or use
agreement of an air carrier or foreign air carrier, as defined
by regulations of the Secretary.
(3) A lease or use agreement of an air carrier or foreign air
carrier related to a project whose construction or expansion
was financed with a passenger facility [fee] charge may not
restrict the eligible agency from financing, developing, or
assigning new capacity at the airport with passenger facility
revenue.
(g) Treatment of Revenue.--(1) * * *
* * * * * * *
(4) Passenger facility revenues that are held by an air
carrier or an agent of the carrier after collection of a
passenger facility [fee] charge constitute a trust fund that is
held by the air carrier or agent for the beneficial interest of
the eligible agency imposing the [fee] charge. Such carrier or
agent holds neither legal nor equitable interest in the
passenger facility revenues except for any handling fee or
retention of interest collected on unremitted proceeds as may
be allowed by the Secretary.
(h) Compliance.--(1) As necessary to ensure compliance with
this section, the Secretary shall prescribe regulations
requiring recordkeeping and auditing of accounts maintained by
an air carrier or foreign air carrier and its agent collecting
a passenger facility [fee] charge and by the eligible agency
imposing the [fee] charge.
(2) The Secretary periodically shall audit and review the use
by an eligible agency of passenger facility revenue. After
review and a public hearing, the Secretary may end any part of
the authority of the agency to impose a passenger facility
[fee] charge to the extent the Secretary decides that the
revenue is not being used as provided in this section.
(3) The Secretary may set off amounts necessary to ensure
compliance with this section against amounts otherwise payable
to an eligible agency under subchapter I of chapter 471 of this
title if the Secretary decides a passenger facility [fee]
charge is excessive or that passenger facility revenue is not
being used as provided in this section.
(i) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section. The regulations--
(1) may prescribe the time and form by which a
passenger facility [fee] charge takes effect;
(2) shall--
(A) require an air carrier or foreign air
carrier and its agent to collect a passenger
facility [fee] charge that an eligible agency
imposes under this section;
* * * * * * *
(C) ensure that the money, less a uniform
amount the Secretary determines reflects the
average necessary and reasonable expenses (net
of interest accruing to the carrier and agent
after collection and before remittance)
incurred in collecting and handling the [fee]
charge, is paid promptly to the eligible agency
for which they are collected; and
* * * * * * *
(3) may permit an eligible agency to request that
collection of a passenger facility [fee] charge be
waived for--
(A) passengers enplaned by any class of air
carrier or foreign air carrier if the number of
passengers enplaned by the carriers in the
class constitutes not more than one percent of
the total number of passengers enplaned
annually at the airport at which the [fee]
charge is imposed; or
* * * * * * *
(j) Limitation on Certain Actions.--A State, political
subdivision of a State, or authority of a State or political
subdivision that is not the eligible agency may not tax,
regulate, or prohibit or otherwise attempt to control in any
manner, the imposition or collection of a passenger facility
[fee] charge or the use of the revenue from the passenger
facility [fee] charge.
(k) Competition Plans.--
(1) In general.--Beginning in fiscal year 2001, no
eligible agency may impose a passenger facility [fee]
charge under this section with respect to a covered
airport (as such term is defined in section 47106(f))
unless the agency has submitted to the Secretary a
written competition plan in accordance with such
section. This subsection does not apply to passenger
facility [fees] charges in effect before the date of
the enactment of this subsection.
* * * * * * *
(l) Pilot Program for Passenger Facility [Fee] Charge
Authorizations at Nonhub Airports.--
(1) In general.--The Secretary shall establish a
pilot program to test alternative procedures for
authorizing eligible agencies for nonhub airports to
impose passenger facility [fees] charges. An eligible
agency may impose in accordance with the provisions of
this subsection a passenger facility [fee] charge under
this section. For purposes of the pilot program, the
procedures in this subsection shall apply instead of
the procedures otherwise provided in this section.
* * * * * * *
(3) Notice of intention.--The eligible agency must
submit to the Secretary a notice of intention to impose
a passenger facility [fee] charge under this
subsection. The notice shall include--
(A) information that the Secretary may
require by regulation on each project for which
authority to impose a passenger facility [fee]
charge is sought;
(B) the amount of revenue from passenger
facility [fees] charges that is proposed to be
collected for each project; and
(C) the level of the passenger facility [fee]
charge that is proposed.
(4) Acknowledgement of receipt and indication of
objection.--The Secretary shall acknowledge receipt of
the notice and indicate any objection to the imposition
of a passenger facility [fee] charge under this
subsection for any project identified in the notice
within 30 days after receipt of the eligible agency's
notice.
(5) Authority to impose [fee] charge.--Unless the
Secretary objects within 30 days after receipt of the
eligible agency's notice, the eligible agency is
authorized to impose a passenger facility [fee] charge
in accordance with the terms of its notice under this
subsection.
* * * * * * *
[(7) Sunset.--This subsection shall cease to be
effective beginning on April 1, 2011.]
[(8)] (7) Acknowledgement not an order.--An
acknowledgement issued under paragraph (4) shall not be
considered an order issued by the Secretary for
purposes of section 46110.
(m) Financial Management of [Fees] Charges.--
(1) Handling of [fees] charges.--A covered air
carrier shall segregate in a separate account passenger
facility revenue equal to the average monthly liability
for [fees] charges collected under this section by such
carrier or any of its agents for the benefit of the
eligible agencies entitled to such revenue.
* * * * * * *
(5) Interest on amounts.--A covered air carrier that
collects passenger facility [fees] charges is entitled
to receive the interest on passenger facility [fee]
charge accounts if the accounts are established and
maintained in compliance with this subsection.
(6) Existing regulations.--The provisions of section
158.49 of title 14, Code of Federal Regulations, that
permit the commingling of passenger facility [fees]
charges with other air carrier revenue shall not apply
to a covered air carrier.
* * * * * * *
(n) Airport Access Flexibility Program.--
(1) PFC eligibility.--Subject to the requirements of
this subsection, the Secretary shall establish a pilot
program under which the Secretary may authorize, at no
more than 5 airports, a passenger facility charge
imposed under subsection (b)(1) or (b)(4) to be used to
finance the eligible cost of an intermodal ground
access project.
(2) Intermodal ground access project defined.--In
this subsection, the term ``intermodal ground access
project'' means a project for constructing a local
facility owned or operated by an eligible agency that
is directly and substantially related to the movement
of passengers or property traveling in air
transportation.
(3) Eligible costs.--
(A) In general.--For purposes of paragraph
(1), the eligible cost of an intermodal ground
access project at an airport shall be the total
cost of the project multiplied by the ratio
that--
(i) the number of individuals
projected to use the project to gain
access to or depart from the airport;
bears to
(ii) the total number of the
individuals projected to use the
facility.
(B) Determinations regarding projected
project use.--
(i) In general.--Except as provided
by clause (ii), the Secretary shall
determine the projected use of a
project for purposes of subparagraph
(A) at the time the project is approved
under this subsection.
(ii) Public transportation
projects.--In the case of a project
approved under this section to be
financed in part using funds
administered by the Federal Transit
Administration, the Secretary shall use
the travel forecasting model for the
project at the time the project is
approved by the Federal Transit
Administration to enter preliminary
engineering to determine the projected
use of the project for purposes of
subparagraph (A).
* * * * * * *
Sec. 40119. Security and research and development activities
(a) * * *
(b) Disclosure.--(1) * * *
* * * * * * *
(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. 40122. Federal Aviation Administration personnel management system
(a) In General.--
(1) * * *
[(2) Mediation.--If the Administrator does not reach
an agreement under paragraph (1) with the exclusive
bargaining representatives, the services of the Federal
Mediation and Conciliation Service shall be used to
attempt to reach such agreement. If the services of the
Federal Mediation and Conciliation Service do not lead
to an agreement, the Administrator's proposed change to
the personnel management system shall not take effect
until 60 days have elapsed after the Administrator has
transmitted the proposed change, along with the
objections of the exclusive bargaining representatives
to the change, and the reasons for such objections, to
Congress. The 60-day period shall not include any
period during which Congress has adjourned sine die.]
(2) Dispute resolution.--
(A) Mediation.--If the Administrator does not
reach an agreement under paragraph (1) or the
provisions referred to in subsection (g)(2)(C)
with the exclusive bargaining representative of
the employees, the Administrator and the
bargaining representative--
(i) shall use the services of the
Federal Mediation and Conciliation
Service to attempt to reach such
agreement in accordance with part 1425
of title 29, Code of Federal
Regulations (as in effect on the date
of enactment of the FAA Reauthorization
and Reform Act of 2011); or
(ii) may by mutual agreement adopt
alternative procedures for the
resolution of disputes or impasses
arising in the negotiation of the
collective-bargaining agreement.
(B) Mid-term bargaining.--If the services of
the Federal Mediation and Conciliation Service
under subparagraph (A)(i) do not lead to the
resolution of issues in controversy arising
from the negotiation of a mid-term collective-
bargaining agreement, the Federal Service
Impasses Panel shall assist the parties in
resolving the impasse in accordance with
section 7119 of title 5.
(C) Binding arbitration for term
bargaining.--
(i) Assistance from federal service
impasses panel.--If the services of the
Federal Mediation and Conciliation
Service under subparagraph (A)(i) do
not lead to the resolution of issues in
controversy arising from the
negotiation of a term collective-
bargaining agreement, the Administrator
and the exclusive bargaining
representative of the employees (in
this subparagraph referred to as the
``parties'') shall submit their issues
in controversy to the Federal Service
Impasses Panel. The Panel shall assist
the parties in resolving the impasse by
asserting jurisdiction and ordering
binding arbitration by a private
arbitration board consisting of 3
members.
(ii) Appointment of arbitration
board.--The Executive Director of the
Panel shall provide for the appointment
of the 3 members of a private
arbitration board under clause (i) by
requesting the Director of the Federal
Mediation and Conciliation Service to
prepare a list of not less than 15
names of arbitrators with Federal
sector experience and by providing the
list to the parties. Not later than 10
days after receiving the list, the
parties shall each select one person
from the list. The 2 arbitrators
selected by the parties shall then
select a third person from the list not
later than 7 days after being selected.
If either of the parties fails to
select a person or if the 2 arbitrators
are unable to agree on the third person
in 7 days, the parties shall make the
selection by alternately striking names
on the list until one arbitrator
remains.
(iii) Framing issues in
controversy.--If the parties do not
agree on the framing of the issues to
be submitted for arbitration, the
arbitration board shall frame the
issues.
(iv) Hearings.--The arbitration board
shall give the parties a full and fair
hearing, including an opportunity to
present evidence in support of their
claims and an opportunity to present
their case in person, by counsel, or by
other representative as they may elect.
(v) Decisions.--The arbitration board
shall render its decision within 90
days after the date of its appointment.
Decisions of the arbitration board
shall be conclusive and binding upon
the parties.
(vi) Matters for consideration.--The
arbitration board shall take into
consideration such factors as--
(I) the effect of its
arbitration decisions on the
Federal Aviation
Administration's ability to
attract and retain a qualified
workforce;
(II) the effect of its
arbitration decisions on the
Federal Aviation
Administration's budget;
(III) the effect of its
arbitration decisions on other
Federal Aviation Administration
employees; and
(IV) any other factors whose
consideration would assist the
board in fashioning a fair and
equitable award.
(vii) Costs.--The parties shall share
costs of the arbitration equally.
(3) Ratification of agreements.--Upon reaching a
voluntary agreement or at the conclusion of the binding
arbitration under paragraph (2)(C), the final
agreement, except for those matters decided by an
arbitration board, shall be subject to ratification by
the exclusive bargaining representative of the
employees, if so requested by the bargaining
representative, and the final agreement shall be
subject to approval by the head of the agency in
accordance with the provisions referred to in
subsection (g)(2)(C).
[(3)] (4) Cost savings and productivity goals.--The
Administration and the exclusive bargaining
representatives of the employees shall use every
reasonable effort to find cost savings and to increase
productivity within each of the affected bargaining
units.
[(4)] (5) Annual budget discussions.--The
Administration and the exclusive bargaining
representatives of the employees shall meet annually
for the purpose of finding additional cost savings
within the Administration's annual budget as it applies
to each of the affected bargaining units and throughout
the agency.
* * * * * * *
(g) Personnel Management System.--
(1) * * *
(2) Applicability of title 5.--The provisions of
title 5 shall not apply to the new personnel management
system developed and implemented pursuant to paragraph
(1), with the exception of--
(A) * * *
* * * * * * *
(G) chapters 83-85, 87, and 89, relating to
retirement, unemployment compensation, and
insurance coverage; [and]
(H) sections 1204, 1211-1218, 1221, and 7701-
7703, relating to the Merit Systems Protection
[Board.] Board; and
(I) subsections (b), (c), and (d) of section
4507 (relating to Meritorious Executive or
Distinguished Executive rank awards) and
subsections (b) and (c) of section 4507a
(relating to Meritorious Senior Professional or
Distinguished Senior Professional rank awards),
except that--
(i) for purposes of applying such
provisions to the personnel management
system--
(I) the term ``agency'' means
the Department of
Transportation;
(II) the term ``senior
executive'' means a Federal
Aviation Administration
executive;
(III) the term ``career
appointee'' means a Federal
Aviation Administration career
executive; and
(IV) the term ``senior career
employee'' means a Federal
Aviation Administration career
senior professional;
(ii) receipt by a career appointee or
a senior career employee of the rank of
Meritorious Executive or Meritorious
Senior Professional entitles the
individual to a lump-sum payment of an
amount equal to 20 percent of annual
basic pay, which shall be in addition
to the basic pay paid under the Federal
Aviation Administration Executive
Compensation Plan; and
(iii) receipt by a career appointee
or a senior career employee of the rank
of Distinguished Executive or
Distinguished Senior Professional
entitles the individual to a lump-sum
payment of an amount equal to 35
percent of annual basic pay, which
shall be in addition to the basic pay
paid under the Federal Aviation
Administration Executive Compensation
Plan.
* * * * * * *
Sec. 40128. Overflights of national parks
(a) In General.--
(1) General requirements.--A commercial air tour
operator may not conduct commercial air tour operations
over a national park or tribal lands, as defined by
this section, except--
(A) * * *
* * * * * * *
(C) in accordance with any applicable air
tour management plan or voluntary agreement
under subsection (b)(7) for the park or tribal
lands.
* * * * * * *
(5) Exemption for national parks with 50 or fewer
flights each year.--
(A) In general.--Notwithstanding paragraph
(1), a national park that has 50 or fewer
commercial air tour operations over the park
each year shall be exempt from the requirements
of this section, except as provided in
subparagraph (B).
(B) Withdrawal of exemption.--If the Director
determines that an air tour management plan or
voluntary agreement is necessary to protect
park resources and values or park visitor use
and enjoyment, the Director shall withdraw the
exemption of a park under subparagraph (A).
(C) List of parks.--
(i) In general.--The Director and
Administrator shall jointly publish a
list each year of national parks that
are covered by the exemption provided
under this paragraph.
(ii) Notification of withdrawal of
exemption.--The Director shall inform
the Administrator, in writing, of each
determination to withdraw an exemption
under subparagraph (B).
(D) Annual report.--A commercial air tour
operator conducting commercial air tour
operations over a national park that is exempt
from the requirements of this section shall
submit to the Administrator and the Director a
report each year that includes the number of
commercial air tour operations the operator
conducted during the preceding one-year period
over such park.
(b) Air Tour Management Plans.--
(1) * * *
* * * * * * *
(7) Voluntary agreements.--
(A) In general.--As an alternative to an air
tour management plan, the Director and the
Administrator may enter into a voluntary
agreement with a commercial air tour operator
(including a new entrant commercial air tour
operator and an operator that has interim
operating authority) that has applied to
conduct commercial air tour operations over a
national park to manage commercial air tour
operations over such national park.
(B) Park protection.--A voluntary agreement
under this paragraph with respect to commercial
air tour operations over a national park shall
address the management issues necessary to
protect the resources of such park and visitor
use of such park without compromising aviation
safety or the air traffic control system and
may--
(i) include provisions such as those
described in subparagraphs (B) through
(E) of paragraph (3);
(ii) include provisions to ensure the
stability of, and compliance with, the
voluntary agreement; and
(iii) provide for fees for such
operations.
(C) Public.--The Director and the
Administrator shall provide an opportunity for
public review of a proposed voluntary agreement
under this paragraph and shall consult with any
Indian tribe whose tribal lands are, or may be,
flown over by a commercial air tour operator
under a voluntary agreement under this
paragraph. After such opportunity for public
review and consultation, the voluntary
agreement may be implemented without further
administrative or environmental process beyond
that described in this subsection.
(D) Termination.--
(i) In general.--A voluntary
agreement under this paragraph may be
terminated at any time at the
discretion of--
(I) the Director, if the
Director determines that the
agreement is not adequately
protecting park resources or
visitor experiences; or
(II) the Administrator, if
the Administrator determines
that the agreement is adversely
affecting aviation safety or
the national aviation system.
(ii) Effect of termination.--If a
voluntary agreement with respect to a
national park is terminated under this
subparagraph, the operators shall
conform to the requirements for interim
operating authority under subsection
(c) until an air tour management plan
for the park is in effect.
(c) Interim Operating Authority.--
(1) * * *
(2) Requirements and limitations.--Interim operating
authority granted under this subsection--
(A) * * *
* * * * * * *
[(I) shall allow for modifications of the
interim operating authority based on experience
if the modification improves protection of
national park resources and values and of
tribal lands.]
(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.
(3) New entrant air tour operators.--
(A) In general.--The Administrator, in
cooperation with the Director, may grant
interim operating authority under this
paragraph to an air tour operator for a
national park or tribal lands for which that
operator is a new entrant air tour operator [if
the Administrator determines the authority is
necessary to ensure competition in the
provision of commercial air tour operations
over the park or tribal lands.] 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.
* * * * * * *
(d) Commercial Air Tour Operator Reports.--
(1) Report.--Each commercial air tour operator
conducting a commercial air tour operation over a
national park under interim operating authority granted
under subsection (c) or in accordance with an air tour
management plan or voluntary agreement under subsection
(b) shall submit to the Administrator and the Director
a report regarding the number of commercial air tour
operations over each national park that are conducted
by the operator and such other information as the
Administrator and Director may request in order to
facilitate administering the provisions of this
section.
(2) Report submission.--Not later than 90 days after
the date of enactment of the FAA Reauthorization and
Reform Act of 2011, the Administrator and the Director
shall jointly issue an initial request for reports
under this subsection. The reports shall be submitted
to the Administrator and the Director with a frequency
and in a format prescribed by the Administrator and the
Director.
[(d)] (e) Exemptions.--This section shall not apply to--
(1) * * *
* * * * * * *
[(e)] (f) Lake Mead.--This section shall not apply to any air
tour operator while flying over or near the Lake Mead National
Recreation Area, solely as a transportation route, to conduct
an air tour over the Grand Canyon National Park. For purposes
of this subsection, an air tour operator flying over the Hoover
Dam in the Lake Mead National Recreation Area en route to the
Grand Canyon National Park shall be deemed to be flying solely
as a transportation route.
[(f)] (g) Definitions.--In this section, the following
definitions apply:
(1) * * *
* * * * * * *
Sec. 40130. FAA access to criminal history records and database systems
(a) Access to Records and Database Systems.--
(1) Access to information.--Notwithstanding section
534 of title 28, and regulations issued to implement
such section, the Administrator of the Federal Aviation
Administration may have direct access to a system of
documented criminal justice information maintained by
the Department of Justice or by a State, but may do so
only for the purpose of carrying out civil and
administrative responsibilities of the Administration
to protect the safety and security of the national
airspace system or to support the missions of the
Department of Justice, the Department of Homeland
Security, and other law enforcement agencies.
(2) Release of information.--In accessing a system
referred to in paragraph (1), the Administrator shall
be subject to the same conditions and procedures
established by the Department of Justice or the State
for other governmental agencies with direct access to
the system.
(3) Limitation.--The Administrator may not use the
direct access authorized under paragraph (1) to conduct
criminal investigations.
(b) Designated Employees.--The Administrator shall designate,
by order, employees of the Administration who shall carry out
the authority described in subsection (a). The designated
employees may--
(1) have direct access to and receive criminal
history, driver, vehicle, and other law enforcement
information contained in the law enforcement databases
of the Department of Justice, or any jurisdiction of a
State, in the same manner as a police officer employed
by a State or local authority of that State who is
certified or commissioned under the laws of that State;
(2) use any radio, data link, or warning system of
the Federal Government, and of any jurisdiction in a
State, that provides information about wanted persons,
be-on-the-lookout notices, warrant status, or other
officer safety information to which a police officer
employed by a State or local authority in that State
who is certified or commissioned under the laws of that
State has direct access and in the same manner as such
police officer; and
(3) receive Federal, State, or local government
communications with a police officer employed by a
State or local authority in that State in the same
manner as a police officer employed by a State or local
authority in that State who is commissioned under the
laws of that State.
(c) System of Documented Criminal Justice Information
Defined.--In this section, the term ``system of documented
criminal justice information'' means any law enforcement
database, system, or communication containing information
concerning identification, criminal history, arrests,
convictions, arrest warrants, wanted or missing persons,
including the National Crime Information Center and its
incorporated criminal history databases and the National Law
Enforcement Telecommunications System.
* * * * * * *
SUBPART II--ECONOMIC REGULATION
* * * * * * *
CHAPTER 417--OPERATIONS OF CARRIERS
SUBCHAPTER I--REQUIREMENTS
Sec.
41701. Classification of air carriers.
* * * * * * *
[41706. Prohibitions against smoking on scheduled flights.]
41706. Prohibitions against smoking on passenger flights.
* * * * * * *
41724. Musical instruments.
SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE
* * * * * * *
[41747. EAS local participation program.]
* * * * * * *
41749. Sunset.
* * * * * * *
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
Sec. 41706. Prohibitions against smoking on [Scheduled] Passenger
flights
[(a) Smoking Prohibition in Intrastate and Interstate Air
Transportation.--An individual may not smoke in an aircraft in
scheduled passenger interstate air transportation or scheduled
passenger intrastate air transportation.
[(b) Smoking Prohibition in Foreign Air Transportation.--The
Secretary of Transportation shall require all air carriers and
foreign air carriers to prohibit smoking in any aircraft in
scheduled passenger foreign air transportation.]
(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).
* * * * * * *
Sec. 41708. Reports
(a) * * *
* * * * * * *
(c) Diverted and Cancelled Flights.--
(1) Monthly reports.--The Secretary shall require an
air carrier referred to in paragraph (2) to file with
the Secretary a monthly report on each flight of the
air carrier that is diverted from its scheduled
destination to another airport and each flight of the
air carrier that departs the gate at the airport at
which the flight originates but is cancelled before
wheels-off time.
(2) Applicability.--An air carrier that is required
to file a monthly airline service quality performance
report pursuant to part 234 of title 14, Code of
Federal Regulations, shall be subject to the
requirement of paragraph (1).
(3) Contents.--A monthly report filed by an air
carrier under paragraph (1) shall include, at a
minimum, the following information:
(A) For a diverted flight--
(i) the flight number of the diverted
flight;
(ii) the scheduled destination of the
flight;
(iii) the date and time of the
flight;
(iv) the airport to which the flight
was diverted;
(v) wheels-on time at the diverted
airport;
(vi) the time, if any, passengers
deplaned the aircraft at the diverted
airport; and
(vii) if the flight arrives at the
scheduled destination airport--
(I) the gate-departure time
at the diverted airport;
(II) the wheels-off time at
the diverted airport;
(III) the wheels-on time at
the scheduled arrival airport;
and
(IV) the gate-arrival time at
the scheduled arrival airport.
(B) For flights cancelled after gate
departure--
(i) the flight number of the
cancelled flight;
(ii) the scheduled origin and
destination airports of the cancelled
flight;
(iii) the date and time of the
cancelled flight;
(iv) the gate-departure time of the
cancelled flight; and
(v) the time the aircraft returned to
the gate.
(4) Publication.--The Secretary shall compile the
information provided in the monthly reports filed
pursuant to paragraph (1) in a single monthly report
and publish such report on the Internet Web site of the
Department of Transportation.
* * * * * * *
Sec. 41718. Special rules for Ronald Reagan Washington National Airport
(a) Beyond-Perimeter Exemptions.--The [Secretary] Secretary
of Transportation shall grant, by order, [24] 34 exemptions
from the application of sections 49104(a)(5), 49109, 49111(e),
and 41714 of this title to air carriers to operate limited
frequencies and aircraft on select routes between Ronald Reagan
Washington National Airport and domestic hub airports and
exemptions from the requirements of subparts K and S of part
93, Code of Federal Regulations, if the Secretary finds that
the exemptions will--
(1) * * *
* * * * * * *
(c) Limitations.--
(1) * * *
(2) General exemptions.--The exemptions granted under
subsections (a) and (b) may not be for operations
between the hours of 10:00 p.m. and 7:00 a.m. and may
not increase the number of operations at 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
[3 operations] 5 operations.
(3) Slots.--The Secretary shall reduce the hourly air
carrier slot quota for Ronald Reagan Washington
National Airport under section 93.123(a) of title 14,
Code of Federal Regulations, by a total of 10 slots
that are available for allocation. Such reductions
shall be taken in the 6:00 a.m., 10:00 p.m., or 11:00
p.m. hours, as determined by the Secretary, in order to
grant exemptions under subsection (a).
[(3)] (4) Allocation of within-perimeter
exemptions.--Of the exemptions granted under subsection
(b)--
(A) * * *
* * * * * * *
[(4)] (5) Applicability to exemption no. 5133.--
Nothing in this section affects Exemption No. 5133, as
from time-to-time amended and extended.
* * * * * * *
(e) Scheduling Priority.--Operations conducted by new entrant
air carriers and limited incumbent air carriers shall be
provided a scheduling priority over operations conducted by
other air carriers granted exemptions pursuant to this section,
with the highest scheduling priority provided to beyond-
perimeter operations conducted by the new entrant air carriers
and limited incumbent air carriers.
[(e)] (f) Applicability of Certain Laws.--Neither the request
for, nor the granting of an exemption, under this section shall
be considered for purposes of any Federal law a major Federal
action significantly affecting the quality of the human
environment.
[(f)] (g) Commuters Defined.--For purposes of aircraft
operations at Ronald Reagan Washington National Airport under
subpart K of part 93 of title 14, Code of Federal Regulations,
the term ``commuters'' means aircraft operations using aircraft
having a certificated maximum seating capacity of 76 or less.
* * * * * * *
Sec. 41724. Musical instruments
(a) Instruments in Passenger Compartment.--An air carrier
providing air transportation shall permit a passenger to carry
a musical instrument in a closet, baggage compartment, or cargo
stowage compartment (approved by the Administrator of the
Federal Aviation Administration) in the passenger compartment
of the aircraft used to provide such transportation if--
(1) the instrument can be stowed in accordance with
the requirements for carriage of carry-on baggage or
cargo set forth by the Administrator; and
(2) there is space for such stowage on the aircraft.
(b) Large Instruments in Passenger Compartment.--An air
carrier providing air transportation shall permit a passenger
to carry a musical instrument that is too large to be secured
in a closet, baggage compartment, or cargo stowage compartment
pursuant to subsection (a) in the passenger compartment of the
aircraft used to provide such transportation if--
(1) the instrument can be stowed in accordance with
the requirements for carriage of carry-on baggage or
cargo set forth by the Administrator; and
(2) the passenger has purchased a seat to accommodate
the instrument.
(c) Instruments as Checked Baggage.--An air carrier providing
air transportation shall transport as baggage a musical
instrument that may not be carried in the passenger compartment
of the aircraft used to provide such transportation pursuant to
subsection (a) or (b) and that is the property of a passenger
on the aircraft if--
(1) the sum of the length, width, and height of the
instrument (measured in inches of the outside linear
dimensions of the instrument, including the case) does
not exceed 150 inches or the size restrictions for that
aircraft;
(2) the weight of the instrument does not exceed 165
pounds or the weight restrictions for that aircraft;
and
(3) the instrument can be stowed in accordance with
the requirements for carriage of baggage or cargo set
forth by the Administrator.
(d) Air Carrier Terms.--Nothing in this section shall be
construed as prohibiting an air carrier from limiting the
carrier's liability for carrying a musical instrument or
requiring a passenger to purchase insurance to cover the value
of a musical instrument transported by the carrier.
SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE
* * * * * * *
Sec. 41733. Level of basic essential air service
(a) * * *
* * * * * * *
(c) Availability of Compensation.--(1) If the Secretary
decides that basic essential air service will not be provided
to an eligible place without compensation, the Secretary shall
provide notice that an air carrier may apply to provide basic
essential air service to the place for compensation under this
section. In selecting an applicant, the Secretary shall
consider, among other factors--
(A) * * *
* * * * * * *
(D) the preferences of the actual and potential users
of air transportation at the eligible place, giving
substantial weight to the views of the elected
officials representing the users; [and]
(E) whether the air carrier has included a plan in
its proposal to market its services to the community;
and
[(E)] (F) for an eligible place in Alaska, the
experience of the applicant in providing, in Alaska,
scheduled air service, or significant patterns of non-
scheduled air service under an exemption granted under
section 40109(a) and (c)-(h) of this title.
* * * * * * *
(f) Notice to Communities Prior to Termination of
Eligibility.--
(1) In general.--The Secretary shall notify each
community receiving basic essential air service for
which compensation is being paid under this subchapter
on or before the 45th day before issuing any final
decision to end the payment of such compensation due to
a determination by the Secretary that providing such
service requires a rate of subsidy per passenger in
excess of the subsidy cap.
(2) Procedures to avoid termination.--The Secretary
shall establish, by order, procedures by which each
community notified of an impending loss of subsidy
under paragraph (1) may work directly with an air
carrier to ensure that the air carrier is able to
submit a proposal to the Secretary to provide essential
air service to such community for an amount of
compensation that would not exceed the subsidy cap.
(3) Assistance provided.--The Secretary shall
provide, by order, to each community notified under
paragraph (1) information regarding--
(A) the procedures established pursuant to
paragraph (2); and
(B) the maximum amount of compensation that
could be provided under this subchapter to an
air carrier serving such community that would
comply with the subsidy cap.
(4) Subsidy cap defined.--In this subsection, the
term ``subsidy cap'' means the subsidy cap established
by section 332 of Public Law 106-69 (113 Stat. 1022).
Sec. 41734. Ending, suspending, and reducing basic essential air
service
(a) * * *
* * * * * * *
(d) Continuation of Compensation After Notice Period.--If an
air carrier receiving compensation under section 41733 of this
title for providing basic essential air service to an eligible
place is required to continue to provide service to the place
under this section after the 90-day notice period under
subsection (a) of this section, the Secretary shall [continue
to pay that compensation after the last day of that period. The
Secretary shall pay the compensation until the Secretary finds
another carrier to provide the service to the place or the 90th
day after the end of that notice period, whichever is earlier.
If, after the 90th day after the end of the 90-day notice
period, the Secretary has not found another carrier to provide
the service, the carrier required to continue to provide that
service shall receive compensation sufficient] provide the
carrier with compensation sufficient--
(1) * * *
* * * * * * *
Sec. 41737. Compensation guidelines, limitations, and claims
(a) Compensation Guidelines.--(1) The Secretary of
Transportation shall prescribe guidelines governing the rate of
compensation payable under this subchapter. The guidelines
shall be used to determine the reasonable amount of
compensation required to ensure the continuation of air service
or air transportation under this subchapter. The guidelines
shall--
(A) * * *
(B) consider amounts needed by an air carrier to
promote public use of the service or transportation for
which compensation is being paid; [and]
(C) include expense elements based on representative
costs of air carriers providing scheduled air
transportation of passengers, property, and mail on
aircraft of the type the Secretary decides is
appropriate for providing the service or transportation
for which compensation is being provided[.];
(D) include provisions under which the Secretary may
encourage an air carrier to improve air service for
which compensation is being paid under this subchapter
by incorporating financial incentives in an essential
air service contract based on specified performance
goals, including goals related to improving on-time
performance, reducing the number of flight
cancellations, establishing convenient connections to
flights providing service beyond hub airports, and
increasing marketing efforts; and
(E) include provisions under which the Secretary may
execute a long-term essential air service contract to
encourage an air carrier to provide air service to an
eligible place if it would be in the public interest to
do so.
* * * * * * *
Sec. 41742. Essential air service authorization
(a) In General.--
(1) Authorization.--Out of the amounts received by
the Federal Aviation Administration credited to the
account established under section 45303 of this title
or otherwise provided to the Administration, [the sum
of $50,000,000 is] the following sums are authorized
and shall be made available immediately for obligation
and expenditure to carry out the essential air service
program under this [subchapter for each fiscal year.]
subchapter:
(A) $50,000,000 for each fiscal year through
fiscal year 2013.
(B) The amount necessary, as determined by
the Secretary, to carry out the essential air
service program in Alaska and Hawaii for fiscal
year 2014 and each fiscal year thereafter.
(2) Additional funds.--In addition to amounts
authorized under paragraph (1), [there is authorized to
be appropriated $77,000,000 for each fiscal year] there
is authorized to be appropriated out of the Airport and
Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 $97,500,000 for fiscal
year 2011, $60,000,000 for fiscal year 2012, and
$30,000,000 for fiscal year 2013 to carry out the
essential air service program under this subchapter of
which not more than $12,000,000 per fiscal year may be
used for the marketing incentive program for
communities and for State marketing assistance.
* * * * * * *
(4) Distribution of excess funds.--
(A) Small community air service
development.--For each of fiscal years 2011
through 2014, if the funds credited to the
account established under section 45303 in a
fiscal year exceed the amount made available
under paragraph (1) for that fiscal year, the
excess funds, but not more than $6,000,000,
shall be made available immediately for
obligation and expenditure to carry out section
41743.
(B) Nextgen.--For each of fiscal years 2011
through 2014, if the funds credited to the
account established under section 45303 in a
fiscal year exceed the amount made available
under paragraph (1) and subparagraph (A) of
this paragraph for that fiscal year, the excess
funds shall be made available immediately for
obligation and expenditure to carry out Next
Generation Air Transportation System
activities, including any activity specified in
section 202 of the FAA Reauthorization and
Reform Act of 2011.
(5) Availability of funds.--The funds made available
under this subsection shall remain available until
expended.
[(b) Funding for Small Community Air Service.--
Notwithstanding any other provision of law, moneys credited to
the account established under section 45303(a) of this title,
including the funds derived from fees imposed under the
authority contained in section 45301(a) of this title, shall be
used to carry out the essential air service program under this
subchapter. Notwithstanding section 47114(g) of this title, any
amounts from those fees that are not obligated or expended at
the end of the fiscal year for the purpose of funding the
essential air service program under this subchapter shall be
made available to the Administration for use in improving rural
air safety under subchapter I of chapter 471 of this title and
shall be used exclusively for projects at rural airports under
this subchapter.]
(b) Administering Program Within Available Funding.--
Notwithstanding any other provision of law, the Secretary is
authorized to take such actions as may be necessary to
administer the essential air service program under this
subchapter within the amount of funding made available for the
program.
Sec. 41743. Airports not receiving sufficient service
(a) * * *
* * * * * * *
(c) Criteria for Participation.--In selecting communities, or
consortia of communities, for participation in the program
established under subsection (a), the Secretary shall apply the
following criteria:
(1) * * *
* * * * * * *
(5) Priorities.--The Secretary shall give priority to
communities or consortia of communities where--
(A) * * *
* * * * * * *
(D) the assistance will provide material
benefits to a broad segment of the travelling
public, including business, educational
institutions, and other enterprises, whose
access to the national air transportation
system is limited; [and]
(E) the assistance will be used in a timely
[fashion.] fashion; and
(F) multiple communities cooperate to submit
a regional or multistate application to
consolidate air service into one regional
airport.
* * * * * * *
[(e) Authority To Make Agreements.--
[(1) In general.--The Secretary may make agreements
to provide assistance under this section.
[(2) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$20,000,000 for fiscal year 2001, $27,500,000 for each
of fiscal years 2002 and 2003, and $35,000,000 for each
of fiscal years 2004 through 2011 to carry out this
section. Such sums shall remain available until
expended.]
(e) Authority To Make Agreements.--Subject to the
availability of amounts made available under section
41742(a)(4)(A), the Secretary may make agreements to provide
assistance under this section.
* * * * * * *
[Sec. 41747. EAS local participation program
[(a) In General.--The Secretary of Transportation shall
establish a pilot program under which not more than 10
designated essential air service communities located in
proximity to hub airports are required to assume 10 percent of
their essential air service subsidy costs for a 4-year period.
[(b) Designation of Communities.--
[(1) In general.--The Secretary may not designate any
community under this section unless it is located
within 100 miles by road of a hub airport and is not
located in a noncontiguous State. In making the
designation, the Secretary may take into consideration
the total traveltime between a community and the
nearest hub airport, taking into account terrain,
traffic, weather, road conditions, and other relevant
factors.
[(2) One community per state.--The Secretary may not
designate--
[(A) more than 1 community per State under
this section; or
[(B) a community in a State in which another
community that is eligible to participate in
the essential air service program has elected
not to participate in the essential air service
program as part of a pilot program under
section 41745.
[(c) Appeal of Designation.--A community may appeal its
designation under this section. The Secretary may withdraw the
designation of a community under this section based on--
[(1) the airport sponsor's ability to pay; or
[(2) the relative lack of financial resources in a
community, based on a comparison of the median income
of the community with other communities in the State.
[(d) Non-Federal Share.--
[(1) Non-Federal amounts.--For purposes of this
section, the non-Federal portion of the essential air
service subsidy may be derived from contributions in
kind, or through reduction in the amount of the
essential air service subsidy through reduction of air
carrier costs, increased ridership, prepurchase of
tickets, or other means. The Secretary shall provide
assistance to designated communities in identifying
potential means of reducing the amount of the subsidy
without adversely affecting air transportation service
to the community.
[(2) Application with other matching requirements.--
This section shall apply to the Federal share of
essential air service provided this subchapter, after
the application of any other non- Federal share
matching requirements imposed by law.
[(e) Eligibility for Other Programs Not Affected.--Nothing in
this section affects the eligibility of a community or
consortium of communities, an airport sponsor, or any other
person to participate in any program authorized by this
subchapter. A community designated under this section may
participate in any program (including pilot programs)
authorized by this subchapter for which it is otherwise
eligible--
[(1) without regard to any limitation on the number
of communities that may participate in that program;
and
[(2) without reducing the number of other communities
that may participate in that program.
[(f) Secretary to Report to Congress on Impact.--The
Secretary shall transmit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on--
[(1) the economic condition of communities designated
under this section before their designation;
[(2) the impact of designation under this section on
such communities at the end of each of the 3 years
following their designation; and
[(3) the impact of designation on air traffic
patterns affecting air transportation to and from
communities designated under this section.]
* * * * * * *
Sec. 41749. Sunset
(a) In General.--Except as provided in subsection (b), the
authority of the Secretary of Transportation to carry out the
essential air service program under this subchapter shall
sunset on October 1, 2013.
(b) Alaska and Hawaii.--The Secretary may continue to carry
out the essential air service program under this subchapter in
Alaska and Hawaii following the sunset date specified in
subsection (a).
* * * * * * *
CHAPTER 423--PASSENGER AIR SERVICE IMPROVEMENTS
Sec.
42301. Emergency contingency plans.
42302. Consumer complaints.
42303. Use of insecticides in passenger aircraft.
Sec. 42301. Emergency contingency plans
(a) Submission of Air Carrier and Airport Plans.--Not later
than 90 days after the date of enactment of this section, each
of the following air carriers and airport operators shall
submit to the Secretary of Transportation for review and
approval an emergency contingency plan in accordance with the
requirements of this section:
(1) An air carrier providing covered air
transportation at a large hub or medium hub airport.
(2) An operator of a large hub or medium hub airport.
(3) An operator of an airport used by an air carrier
described in paragraph (1) for diversions.
(b) Air Carrier Plans.--
(1) Plans for individual airports.--An air carrier
shall submit an emergency contingency plan under
subsection (a) for--
(A) each large hub and medium hub airport at
which the carrier provides covered air
transportation; and
(B) each large hub and medium hub airport at
which the carrier has flights for which the
carrier has primary responsibility for
inventory control.
(2) Contents.--An emergency contingency plan
submitted by an air carrier for an airport under
subsection (a) shall contain a description of how the
carrier will--
(A) provide food, potable water, restroom
facilities, and access to medical treatment for
passengers onboard an aircraft at the airport
that is on the ground for an extended period of
time without access to the terminal;
(B) allow passengers to deplane following
excessive tarmac delays; and
(C) share facilities and make gates available
at the airport in an emergency.
(c) Airport Plans.--An emergency contingency plan submitted
by an airport operator under subsection (a) shall contain a
description of how the operator, to the maximum extent
practicable, will--
(1) provide for the deplanement of passengers
following excessive tarmac delays;
(2) provide for the sharing of facilities and make
gates available at the airport in an emergency; and
(3) provide a sterile area following excessive tarmac
delays for passengers who have not yet cleared U.S.
Customs and Border Protection.
(d) Updates.--
(1) Air carriers.--An air carrier shall update the
emergency contingency plan submitted by the carrier
under subsection (a) every 3 years and submit the
update to the Secretary for review and approval.
(2) Airports.--An airport operator shall update the
emergency contingency plan submitted by the operator
under subsection (a) every 5 years and submit the
update to the Secretary for review and approval.
(e) Approval.--
(1) In general.--Not later than 60 days after the
date of the receipt of an emergency contingency plan
submitted under subsection (a) or an update submitted
under subsection (d), the Secretary shall review and
approve or, if necessary, require modifications to the
plan or update to ensure that the plan or update will
effectively address emergencies and provide for the
health and safety of passengers.
(2) Failure to approve or require modifications.--If
the Secretary fails to approve or require modifications
to a plan or update under paragraph (1) within the
timeframe specified in that paragraph, the plan or
update shall be deemed to be approved.
(3) Adherence required.--An air carrier or airport
operator shall adhere to an emergency contingency plan
of the carrier or operator approved under this section.
(f) Minimum Standards.--The Secretary may establish, as
necessary or desirable, minimum standards for elements in an
emergency contingency plan required to be submitted under this
section.
(g) Public Access.--An air carrier or airport operator
required to submit an emergency contingency plan under this
section shall ensure public access to the plan after its
approval under this section on the Internet Web site of the
carrier or operator or by such other means as determined by the
Secretary.
(h) Definitions.--In this section, the following definitions
apply:
(1) Covered air transportation.--The term ``covered
air transportation'' means scheduled or public charter
passenger air transportation provided by an air carrier
that operates an aircraft that as originally designed
has a passenger capacity of 30 or more seats.
(2) Tarmac delay.--The term ``tarmac delay'' means
the period during which passengers are on board an
aircraft on the tarmac--
(A) awaiting takeoff after the aircraft doors
have been closed or after passengers have been
boarded if the passengers have not been advised
they are free to deplane; or
(B) awaiting deplaning after the aircraft has
landed.
Sec. 42302. Consumer complaints
(a) In General.--The Secretary of Transportation shall
establish a consumer complaints toll-free hotline telephone
number for the use of passengers in air transportation and
shall take actions to notify the public of--
(1) that telephone number; and
(2) the Internet Web site of the Aviation Consumer
Protection Division of the Department of
Transportation.
(b) Notice to Passengers on the Internet.--An air carrier or
foreign air carrier providing scheduled air transportation
using any aircraft that as originally designed has a passenger
capacity of 30 or more passenger seats shall include on the
Internet Web site of the carrier--
(1) the hotline telephone number established under
subsection (a);
(2) the email address, telephone number, and mailing
address of the air carrier for the submission of
complaints by passengers about air travel service
problems; and
(3) the Internet Web site and mailing address of the
Aviation Consumer Protection Division of the Department
of Transportation for the submission of complaints by
passengers about air travel service problems.
(c) Notice to Passengers on Boarding Documentation.--An air
carrier or foreign air carrier providing scheduled air
transportation using any aircraft that as originally designed
has a passenger capacity of 30 or more passenger seats shall
include the hotline telephone number established under
subsection (a) on--
(1) prominently displayed signs of the carrier at the
airport ticket counters in the United States where the
air carrier operates; and
(2) any electronic confirmation of the purchase of a
passenger ticket for air transportation issued by the
air carrier.
Sec. 42303. Use of insecticides in passenger aircraft
(a) Information To be Provided on the Internet.--The
Secretary of Transportation shall establish, and make available
to the general public, an Internet Web site that contains a
listing of countries that may require an air carrier or foreign
air carrier to treat an aircraft passenger cabin with
insecticides prior to a flight in foreign air transportation to
that country or to apply an aerosol insecticide in an aircraft
cabin used for such a flight when the cabin is occupied with
passengers.
(b) Required Disclosures.--An air carrier, foreign air
carrier, or ticket agent selling, in the United States, a
ticket for a flight in foreign air transportation to a country
listed on the Internet Web site established under subsection
(a) shall refer the purchaser of the ticket to the Internet Web
site established under subsection (a) for additional
information.
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 443--INSURANCE
* * * * * * *
Sec. 44302. General authority
(a) * * *
* * * * * * *
(f) Extension of Policies.--
(1) In general.--The Secretary [shall extend through
March 31, 2011, and may extend through June 30, 2011,
the termination date] shall extend through September
30, 2013, and may extend through December 31, 2013, the
termination date of any insurance policy that the
Department of Transportation issued to an air carrier
under subsection (a) and that is in effect on the date
of enactment of this subsection on no less favorable
terms to the air carrier than existed on June 19, 2002;
except that the Secretary shall amend the insurance
policy, subject to such terms and conditions as the
Secretary may prescribe, to add coverage for losses or
injuries to aircraft hulls, passengers, and crew at the
limits carried by air carriers for such losses and
injuries as of such date of enactment and at an
additional premium comparable to the premium charged
for third-party casualty coverage under such policy.
* * * * * * *
(3) Successor program.--
(A) In general.--After December 31, 2021,
coverage for the risks specified in a policy
that has been extended under paragraph (1)
shall be provided in an airline industry
sponsored risk retention or other risk-sharing
arrangement approved by the Secretary.
(B) Transfer of premiums.--
(i) In general.--On December 31,
2021, and except as provided in clause
(ii), premiums collected by the
Secretary from the airline industry
after September 22, 2001, for any
policy under this subsection, and
interest earned thereon, as determined
by the Secretary, shall be transferred
to an airline industry sponsored risk
retention or other risk-sharing
arrangement approved by the Secretary.
(ii) Determination of amount
transferred.--The amount transferred
pursuant to clause (i) shall be less--
(I) the amount of any claims
paid out on such policies from
September 22, 2001, through
December 31, 2021;
(II) the amount of any claims
pending under such policies as
of December 31, 2021; and
(III) the cost, as determined
by the Secretary, of
administering the provision of
insurance policies under this
chapter from September 22,
2001, through December 31,
2021.
* * * * * * *
Sec. 44303. Coverage
(a) * * *
(b) Air Carrier Liability for Third Party Claims Arising Out
of Acts of Terrorism.--For acts of terrorism committed on or to
an air carrier during the period beginning on September 22,
2001, and [ending on June 30, 2011, the Secretary may certify]
ending on December 31, 2013, the Secretary may certify that the
air carrier was a victim of an act of terrorism and in the
Secretary's judgment, based on the Secretary's analysis and
conclusions regarding the facts and circumstances of each case,
shall not be responsible for losses suffered by third parties
(as referred to in section 205.5(b)(1) of title 14, Code of
Federal Regulations) that exceed $100,000,000, in the
aggregate, for all claims by such parties arising out of such
act. If the Secretary so certifies, the air carrier shall not
be liable for an amount that exceeds $100,000,000, in the
aggregate, for all claims by such parties arising out of such
act, and the Government shall be responsible for any liability
above such amount. No punitive damages may be awarded against
an air carrier (or the Government taking responsibility for an
air carrier under this subsection) under a cause of action
arising out of such act. The Secretary may extend the
provisions of this subsection to an aircraft manufacturer (as
defined in section 44301) of the aircraft of the air carrier
involved.
Sec. 44304. Reinsurance
To the extent the Secretary of Transportation is authorized
to provide insurance under this chapter, the Secretary may
reinsure any part of the insurance provided by an insurance
carrier. The Secretary may reinsure with, transfer to, or
transfer back to, [the carrier] any insurance carrier any
insurance or reinsurance provided by the Secretary under this
chapter.
* * * * * * *
Sec. 44308. Administrative
(a) * * *
* * * * * * *
(c) Underwriting Agent.--(1) The Secretary may, and when
practical shall, employ an insurance carrier or group of
insurance carriers to act as an underwriting agent. The
Secretary may use the [agent] agent, or a claims adjuster who
is independent of the underwriting agent, to adjust claims
under this chapter, but claims may be paid only when approved
by the Secretary.
* * * * * * *
CHAPTER 445--FACILITIES, PERSONNEL, AND RESEARCH
Sec.
44501. Plans and policy.
* * * * * * *
44518. Transfers of terminal area air navigation equipment to airport
sponsors.
44519. Realignment and consolidation of FAA services and facilities.
Sec. 44501. Plans and policy
(a) * * *
(b) Airway Capital Investment Plan.--The Administrator of the
Federal Aviation Administration shall review, revise, and
publish a national airways system plan, known as the Airway
Capital Investment Plan, before the beginning of each fiscal
year. The plan shall set forth--
(1) * * *
* * * * * * *
(3) for the 3d, 4th, and 5th years of the plan,
estimates of the total cost of each major program for
the 3-year period, and additional major research
programs, acquisition of systems and facilities, and
changes in personnel levels that may be required to
meet long range objectives and that may have
significant impact on future funding requirements;
[and]
(4) a 10-year investment plan that considers long
range objectives that the Administrator considers
necessary to--
(A) * * *
(B) meet the current and projected growth of
aviation and the requirements of interstate
commerce, the United States Postal Service, and
the national [defense.] defense; and
(5) a list of capital projects that are part of the
Next Generation Air Transportation System and funded by
amounts appropriated under section 48101(a).
* * * * * * *
Sec. 44506. Air traffic controllers
(a) * * *
* * * * * * *
(d) Air Traffic Control Specialist Qualification Training.--
(1) Appointment of air traffic control specialists.--
The Administrator is authorized to appoint a qualified
air traffic control specialist candidate for placement
in an airport traffic control facility if the candidate
has--
(A) received a control tower operator
certification (referred to in this subsection
as a ``CTO'' certificate); and
(B) satisfied all other applicable
qualification requirements for an air traffic
control specialist position.
(2) Compensation and benefits.--An individual
appointed under paragraph (1) shall receive the same
compensation and benefits, and be treated in the same
manner as, any other individual appointed as a
developmental air traffic controller.
(3) Report.--Not later than 18 months after the date
of enactment of the FAA Reauthorization and Reform Act
of 2011, the Administrator shall submit to Congress a
report that evaluates the effectiveness of the air
traffic control specialist qualification training
provided pursuant to this section, including the
graduation rates of candidates who received a CTO
certificate and are working in airport traffic control
facilities.
(4) Additional appointments.--If the Administrator
determines that air traffic control specialists
appointed pursuant to this subsection are more
successful in carrying out the duties of an air traffic
controller than air traffic control specialists hired
from the general public without any such certification,
the Administrator shall increase the number of
appointments of candidates who possess such
certification.
(5) Reimbursement for travel expenses associated with
certifications.--
(A) In general.--Subject to subparagraph (B),
the Administrator may accept reimbursement from
an educational entity that provides training to
an air traffic control specialist candidate to
cover reasonable travel expenses of the
Administrator associated with issuing
certifications to such candidates.
(B) Treatment of reimbursements.--
Notwithstanding section 3302 of title 31, any
reimbursement authorized to be collected under
subparagraph (A) shall--
(i) be credited as offsetting
collections to the account that
finances the activities and services
for which the reimbursement is
accepted;
(ii) be available for expenditure
only to pay the costs of activities and
services for which the reimbursement is
accepted, including all costs
associated with collecting such
reimbursement; and
(iii) remain available until
expended.
[(d)] (e) Staffing Report.--The Administrator of the Federal
Aviation Administration shall submit annually 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--
(1) * * *
* * * * * * *
Sec. 44518. Transfers of terminal area air navigation equipment to
airport sponsors
(a) In General.--Subject to the requirements of this section,
the Administrator of the Federal Aviation Administrator may
carry out a pilot program under which the Administrator may
transfer ownership, operating, and maintenance responsibilities
for terminal area air navigation equipment at an airport to the
airport sponsor.
(b) Participation.--The Administrator may select the sponsors
of not more than 3 nonhub airports, 3 small hub airports, 3
medium hub airports, and 1 large hub airport to participate in
the pilot program.
(c) Terms and Conditions of Transfer for Airport Sponsors.--
As a condition of participating in the pilot program, the
airport sponsor shall provide assurances satisfactory to the
Administrator that the sponsor will--
(1) operate and maintain the terminal area air
navigation equipment transferred to the sponsor under
this section in accordance with standards to be
established by the Administrator;
(2) permit the Administrator (or a person
designated by the Administrator) to conduct inspections
of such terminal area air navigation equipment under a
schedule established by the Administrator; and
(3) acquire and maintain new terminal area air
navigation equipment at the airport as needed to
replace equipment at the end of its useful life or to
meet new standards established by the Administrator.
(d) Terms and Conditions of Transfer for Administrator.--When
the Administrator approves an airport sponsor's participation
in the pilot program, the Administrator shall transfer, at no
cost to the sponsor, all rights, title, and interests of the
United States in and to the terminal area air navigation
equipment to be transferred to the sponsor under the program,
including the real property on which the equipment is located.
(e) Treatment of Airport Costs.--Any costs incurred by an
airport sponsor for ownership and maintenance of terminal area
air navigation equipment transferred under this section shall
be considered a cost of providing airfield facilities and
services under standards and guidelines issued by the Secretary
of Transportation under section 47129(b)(2) and may be
recovered in rates and charges assessed for use of the
airport's airfield.
(f) Definitions.--In this section, the following definitions
apply:
(1) Sponsor.--The term ``sponsor'' has the meaning
given that term in section 47102.
(2) Terminal area air navigation equipment.--The term
``terminal area air navigation equipment'' means an air
navigation facility as defined in section 40102 that
exists to provide approach and landing guidance to
aircraft, but does not include buildings used for air
traffic control functions.
(g) Guidelines.--The Administrator shall issue guidelines on
the implementation of the program.
Sec. 44519. Realignment and consolidation of FAA services and
facilities
(a) Purpose.--The purpose of this section is to establish a
fair process that will result in the realignment and
consolidation of FAA services and facilities to help reduce
capital, operating, maintenance, and administrative costs and
facilitate Next Generation Air Transportation System air
traffic control modernization efforts without adversely
affecting safety.
(b) General Authority.--Subject to the requirements of this
section, the Administrator of the Federal Aviation
Administration shall realign and consolidate FAA services and
facilities pursuant to recommendations made by the Aviation
Facilities and Services Board established under subsection (g).
(c) Administrator's Recommendations.--
(1) Proposed criteria.--
(A) In general.--The Administrator shall
develop proposed criteria for use by the
Administrator in making recommendations for the
realignment and consolidation of FAA services
and facilities under this section.
(B) Publication; transmittal to congress.--
Not later than 30 days after the date of
enactment of this section, the Administrator
shall publish the proposed criteria in the
Federal Register and transmit the proposed
criteria to the congressional committees of
interest.
(C) Notice and comment.--The Administrator
shall provide an opportunity for public comment
on the proposed criteria for a period of at
least 30 days and shall include notice of that
opportunity in the Federal Register.
(2) Final criteria.--
(A) In general.--The Administrator shall
establish final criteria based on the proposed
criteria developed under paragraph (1).
(B) Publication; transmittal to congress.--
Not later than 90 days after the date of
enactment of this section, the Administrator
shall publish the final criteria in the Federal
Register and transmit the final criteria to the
congressional committees of interest.
(3) Recommendations.--
(A) In general.--The Administrator shall make
recommendations for the realignment and
consolidation of FAA services and facilities
under this section based on the final criteria
established under paragraph (2).
(B) Contents.--The recommendations shall
consist of a list of FAA services and
facilities for realignment and consolidation,
together with a justification for each service
and facility included on the list.
(C) Publication; transmittal to board and
congress.--Not later than 120 days after the
date of enactment of this section, the
Administrator shall publish the recommendations
in the Federal Register and transmit the
recommendations to the Board and the
congressional committees of interest.
(D) Information.--The Administrator shall
make available to the Board and the Comptroller
General all information used by the
Administrator in establishing the
recommendations.
(E) Additional recommendations.--The
Administrator is authorized to make additional
recommendations under this paragraph every 2
years.
(d) Board's Review and Recommendations.--
(1) Public hearings.--Not later than 30 days after
the date of receipt of the Administrator's
recommendations under subsection (c), the Board shall
conduct public hearings on the recommendations.
(2) Board's recommendations.--
(A) Report to congress.--Based on the Board's
review and analysis of the Administrator's
recommendations and any public comments
received under paragraph (1), the Board shall
develop a report containing the Board's
findings and conclusions concerning the
Administrator's recommendations, together with
the Board's recommendations for realignment and
consolidation of FAA services and facilities.
The Board shall explain and justify in the
report any recommendation made by the Board
that differs from a recommendation made by the
Administrator.
(B) Publication in federal register;
transmittal to congress.--Not later than 60
days after the date of receipt of the
Administrator's recommendations under
subsection (c), the Board shall publish the
report in the Federal Register and transmit the
report to the congressional committees of
interest.
(3) Assistance of comptroller general.--The
Comptroller General shall assist the Board, to the
extent requested by the Board, in the Board's review
and analysis of the Administrator's recommendations.
(e) Realignment and Consolidation of FAA Services and
Facilities.--Subject to subsection (f), the Administrator
shall--
(1) realign or consolidate the FAA services and
facilities recommended for realignment or consolidation
by the Board in a report transmitted under subsection
(d);
(2) initiate all such realignments and consolidations
not later than one year after the date of the report;
and
(3) complete all such realignments and consolidations
not later than 3 years after the date of the report.
(f) Congressional Disapproval.--
(1) In general.--The Administrator may not carry out
a recommendation of the Board for realignment or
consolidation of FAA services and facilities that is
included in a report transmitted under subsection (d)
if a joint resolution of disapproval is enacted
disapproving such recommendation before the earlier
of--
(A) the last day of the 30-day period
beginning on the date of the report; or
(B) the adjournment of Congress sine die for
the session during which the report is
transmitted.
(2) Computation of 30-day period.--For purposes of
paragraph (1)(A), the days on which either house of
Congress is not in session because of an adjournment of
more than 3 days to a day certain shall be excluded in
computation of the 30-day period.
(g) Aviation Facilities and Services Board.--
(1) Establishment.--Not later than 180 days after the
date of enactment of this section, the Secretary of
Transportation shall establish an independent board to
be known as the ``Aviation Facilities and Services
Board''.
(2) Composition.--The Board shall be composed of the
following members:
(A) The Secretary (or a designee of the
Secretary), who shall be the Chair of the
Board.
(B) Two members appointed by the Secretary,
who may not be officers or employees of the
Federal Government.
(C) The Comptroller General (or a designee of
the Comptroller General), who shall be a
nonvoting member of the Board.
(3) Duties.--The Board shall carry out the duties
specified for the Board in this section.
(4) Term.--The members of the Board to be appointed
under paragraph (2)(B) shall each be appointed for a
term of 3 years.
(5) Vacancies.--A vacancy in the Board shall be
filled in the same manner as the original appointment
was made, but the individual appointed to fill the
vacancy shall serve only for the unexpired portion of
the term for which the individual's predecessor was
appointed.
(6) Compensation and benefits.--A member of the Board
may not receive any compensation or benefits from the
Federal Government for serving on the Board, except
that--
(A) a member shall receive compensation for
work injuries under subchapter I of chapter 81
of title 5; and
(B) a member shall be paid actual travel
expenses and per diem in lieu of subsistence
expenses when away from the member's usual
place of residence in accordance with section
5703 of title 5.
(7) Staff.--The Administrator shall make available to
the Board such staff, information, and administrative
services and assistance as may be reasonably required
to enable the Board to carry out its responsibilities
under this section. The Board may employ experts and
consultants on a temporary or intermittent basis with
the approval of the Secretary.
(8) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Board.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Administrator for each of fiscal
years 2011 through 2014 $200,000 for the Board to carry
out its duties.
(2) Availability of amounts.--Amounts appropriated
pursuant to paragraph (1) shall remain available until
expended.
(i) Effect on Other Authorities.--Nothing in this section
shall be construed to affect the authorities provided in
section 44503 or the existing authorities or responsibilities
of the Administrator under this title to manage the operations
of the Federal Aviation Administration, including realignment
or consolidation of facilities or services.
(j) Definitions.--In this section, the following definitions
apply:
(1) Board.--The term ``Board'' means the Aviation
Facilities and Services Board established under
subsection (g).
(2) Congressional committees of interest.--The term
``congressional committees of interest'' means the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(3) Faa.--The term ``FAA'' means the Federal Aviation
Administration.
(4) Realignment.--The term ``realignment'' includes
any action that relocates functions and personnel
positions but does not include an overall reduction in
personnel resulting from workload adjustments.
* * * * * * *
CHAPTER 447--SAFETY REGULATION
Sec.
44701. General requirements.
* * * * * * *
[44704. Type certificates, production certificates, airworthiness
certificates, and design organization certificates.]
44704. Type certificates, production certificates, airworthiness
certificates, and design and production organization
certificates.
* * * * * * *
44730. Helicopter air ambulance operations.
44731. Collection of data on helicopter air ambulance operations.
44732. Prohibition on personal use of electronic devices on flight deck.
44733. Inspection of foreign repair stations.
* * * * * * *
Sec. 44703. Airman certificates
(a) * * *
* * * * * * *
(d) Appeals.--(1) * * *
* * * * * * *
(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.
* * * * * * *
Sec. 44704. Type certificates, production certificates, airworthiness
certificates [and design organization
certificates], and design and production
organization certificates
(a) Type Certificates.--
(1) * * *
* * * * * * *
(5) Release of data.--
(A) In general.--Notwithstanding any other
provision of law, the Administrator may make
available upon request, to a person seeking to
maintain the airworthiness or develop product
improvements of an aircraft, engine, propeller,
or appliance, engineering data in the
possession of the Administration relating to a
type certificate or a supplemental type
certificate for such aircraft, engine,
propeller, or appliance, without the consent of
the owner of record, if the Administrator
determines that--
(i) the certificate containing the
requested data has been inactive for 3
or more years, except that the
Administrator may reduce this time if
required to address an unsafe condition
associated with the product;
(ii) after using due diligence, the
Administrator is unable to find the
owner of record, or the owner of
record's heir, of the type certificate
or supplemental type certificate; and
(iii) making such data available will
enhance aviation safety.
(B) Engineering data defined.--In this
section, the term ``engineering data'' as used
with respect to an aircraft, engine, propeller,
or appliance means type design drawing and
specifications for the entire aircraft, engine,
propeller, or appliance or change to the
aircraft, engine, propeller, or appliance,
including the original design data, and any
associated supplier data for individual parts
or components approved as part of the
particular certificate for the aircraft,
engine, propeller, or appliance.
(C) Requirement to maintain data.--The
Administrator shall maintain engineering data
in the possession of the Administration
relating to a type certificate or a
supplemental type certificate that has been
inactive for 3 or more years.
* * * * * * *
[(e) Design Organization Certificates.--
[(1) Issuance.--Beginning 7 years after the date of
enactment of this subsection, the Administrator may
issue a design organization certificate to a design
organization to authorize the organization to certify
compliance with the requirements and minimum standards
prescribed under section 44701(a) for the type
certification of aircraft, aircraft engines,
propellers, or appliances.
[(2) Applications.--On receiving an application for a
design organization certificate, the Administrator
shall examine and rate the design organization
submitting the application, in accordance with
regulations to be prescribed by the Administrator, to
determine whether the design organization has adequate
engineering, design, and testing capabilities,
standards, and safeguards to ensure that the product
being certificated is properly designed and
manufactured, performs properly, and meets the
regulations and minimum standards prescribed under
section 44701(a).
[(3) Issuance of type certificates based on design
organization certification.--The Administrator may rely
on certifications of compliance by a design
organization when making a finding under subsection
(a).
[(4) Public safety.--The Administrator shall include
in a design organization certificate issued under this
subsection 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.]
(e) Design and Production Organization Certificates.--
(1) Issuance.--Beginning January 1, 2013, the
Administrator may issue a certificate to a design
organization, production organization, or design and
production organization to authorize the organization
to certify compliance of aircraft, aircraft engines,
propellers, and appliances with the requirements and
minimum standards prescribed under section 44701(a). An
organization holding a certificate issued under this
subsection shall be known as a certified design and
production organization (in this subsection referred to
as a ``CDPO'').
(2) Applications.--On receiving an application for a
CDPO certificate, the Administrator shall examine and
rate the organization submitting the application, in
accordance with regulations to be prescribed by the
Administrator, to determine whether the organization
has adequate engineering, design, and production
capabilities, standards, and safeguards to make
certifications of compliance as described in paragraph
(1).
(3) Issuance of certificates based on cdpo
findings.--The Administrator may rely on certifications
of compliance by a CDPO when making determinations
under this section.
(4) Public safety.--The Administrator shall include
in a CDPO certificate terms required in the interest of
safety.
(5) No effect on power of revocation.--Nothing in
this subsection affects the authority of the Secretary
of Transportation to revoke a certificate.
* * * * * * *
Sec. 44711. Prohibitions and exemption
(a) Prohibitions.--A person may not--
(1) * * *
* * * * * * *
(8) operate an airport without an airport operating
certificate required under section 44706 of this title
or in violation of a term of the certificate; [or]
(9) manufacture, deliver, sell, or offer for sale any
aviation fuel or additive in violation of a regulation
prescribed under section 44714 of this [title.] title;
or
(10) violate section 44732 or any regulation issued
thereunder.
* * * * * * *
(d) Postemployment Restrictions for Flight Standards
Inspectors.--
(1) Prohibition.--A person holding an operating
certificate issued under title 14, Code of Federal
Regulations, may not knowingly employ, or make a
contractual arrangement that permits, an individual to
act as an agent or representative of the certificate
holder in any matter before the Federal Aviation
Administration if the individual, in the preceding 2-
year period--
(A) served as, or was responsible for
oversight of, a flight standards inspector of
the Administration; and
(B) had responsibility to inspect, or oversee
inspection of, the operations of the
certificate holder.
(2) Written and oral communications.--For purposes of
paragraph (1), an individual shall be considered to be
acting as an agent or representative of a certificate
holder in a matter before the Administration if the
individual makes any written or oral communication on
behalf of the certificate holder to the Administration
(or any of its officers or employees) in connection
with a particular matter, whether or not involving a
specific party and without regard to whether the
individual has participated in, or had responsibility
for, the particular matter while serving as a flight
standards inspector of the Administration.
* * * * * * *
Sec. 44729. Age standards for pilots
(a) * * *
* * * * * * *
(h) Safety.--
(1) * * *
* * * * * * *
(4) Sunset of line check.--Paragraph (2) shall cease
to be effective following the one-year period beginning
on the date of enactment of the FAA Reauthorization and
Reform Act of 2011 unless the Secretary certifies that
the requirements of paragraph (2) are necessary to
ensure safety.
Sec. 44730. Helicopter air ambulance operations
(a) Compliance Regulations.--
(1) In general.--Except as provided in paragraph (2),
not later than 6 months after the date of enactment of
this section, part 135 certificate holders providing
air ambulance services shall comply, whenever medical
personnel are onboard the aircraft, with regulations
pertaining to weather minimums and flight and duty time
under part 135.
(2) Exception.--If a certificate holder described in
paragraph (1) is operating, or carrying out training,
under instrument flight rules, the weather reporting
requirement at the destination shall not apply until
such time as the Administrator of the Federal Aviation
Administration determines that portable, reliable, and
accurate ground-based weather measuring and reporting
systems are available.
(b) Rulemaking.--The Administrator shall conduct a rulemaking
proceeding to improve the safety of flight crewmembers, medical
personnel, and passengers onboard helicopters providing air
ambulance services under part 135.
(c) Matters To be Addressed.--In conducting the rulemaking
proceeding under subsection (b), the Administrator shall
address the following:
(1) Flight request and dispatch procedures, including
performance-based flight dispatch procedures.
(2) Pilot training standards, including--
(A) mandatory training requirements,
including a minimum time for completing the
training requirements;
(B) training subject areas, such as
communications procedures and appropriate
technology use; and
(C) establishment of training standards in--
(i) crew resource management;
(ii) flight risk evaluation;
(iii) preventing controlled flight
into terrain;
(iv) recovery from inadvertent flight
into instrument meteorological
conditions;
(v) operational control of the pilot
in command; and
(vi) use of flight simulation
training devices and line-oriented
flight training.
(3) Safety-enhancing technology and equipment,
including--
(A) helicopter terrain awareness and warning
systems;
(B) radar altimeters;
(C) devices that perform the function of
flight data recorders and cockpit voice
recorders, to the extent feasible; and
(D) safety equipment that should be worn or
used by flight crewmembers and medical
personnel on a flight, including the possible
use of shoulder harnesses, helmets, seatbelts,
and fire resistant clothing to enhance crash
survivability.
(4) Such other matters as the Administrator considers
appropriate.
(d) Minimum Requirements.--In issuing a final rule under
subsection (b), the Administrator, at a minimum, shall provide
for the following:
(1) Flight risk evaluation program.--The
Administrator shall ensure that a part 135 certificate
holder providing helicopter air ambulance services--
(A) establishes a flight risk evaluation
program, based on FAA Notice 8000.301 issued by
the Administration on August 1, 2005, including
any updates thereto;
(B) as part of the flight risk evaluation
program, develops a checklist for use by pilots
in determining whether a flight request should
be accepted; and
(C) requires the pilots of the certificate
holder to use the checklist.
(2) Operational control center.--The Administrator
shall ensure that a part 135 certificate holder
providing helicopter air ambulance services using 10 or
more helicopters has an operational control center that
meets such requirements as the Administrator may
prescribe.
(e) Rulemaking.--The Administrator shall--
(1) not later than 180 days after the date of
enactment of this section, issue a notice of proposed
rulemaking under subsection (b); and
(2) not later than 16 months after the last day of
the comment period on the proposed rule, issue a final
rule.
(f) Definitions.--In this section, the following definitions
apply:
(1) Part 135.--The term ``part 135'' means part 135
of title 14, Code of Federal Regulations.
(2) Part 135 certificate holder.--The term ``part 135
certificate holder'' means a person holding a
certificate issued under part 135.
Sec. 44731. Collection of data on helicopter air ambulance operations
(a) In General.--The Administrator of the Federal Aviation
Administration shall require a part 135 certificate holder
providing helicopter air ambulance services to submit to the
Administrator, not later than one year after the date of
enactment of this section, and annually thereafter, a report
containing, at a minimum, the following data:
(1) The number of helicopters that the certificate
holder uses to provide helicopter air ambulance
services and the base locations of the helicopters.
(2) The number of flights and hours flown, by
registration number, during which helicopters operated
by the certificate holder were providing helicopter air
ambulance services.
(3) The number of flight requests for a helicopter
providing air ambulance services that were accepted or
declined by the certificate holder and the type of each
such flight request (such as scene response,
interfacility transport, organ transport, or ferry or
repositioning flight).
(4) The number of accidents, if any, involving
helicopters operated by the certificate holder while
providing air ambulance services and a description of
the accidents.
(5) The number of flights and hours flown under
instrument flight rules by helicopters operated by the
certificate holder while providing air ambulance
services.
(6) The time of day of each flight flown by
helicopters operated by the certificate holder while
providing air ambulance services.
(7) The number of incidents, if any, in which a
helicopter was not directly dispatched and arrived to
transport patients but was not utilized for patient
transport.
(b) Reporting Period.--Data contained in a report submitted
by a part 135 certificate holder under subsection (a) shall
relate to such reporting period as the Administrator determines
appropriate.
(c) Database.--Not later than 6 months after the date of
enactment of this section, the Administrator shall develop a
method to collect and store the data collected under subsection
(a), including a method to protect the confidentiality of any
trade secret or proprietary information provided in response to
this section.
(d) Report to Congress.--Not later than 24 months after the
date of enactment of this section, and annually thereafter, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing a summary of the data collected
under subsection (a).
(e) Part 135 Certificate Holder Defined.--In this section,
the term ``part 135 certificate holder'' means a person holding
a certificate issued under part 135 of title 14, Code of
Federal Regulations.
Sec. 44732. Prohibition on personal use of electronic devices on flight
deck
(a) In General.--It is unlawful for a flight crewmember of an
aircraft used to provide air transportation under part 121 of
title 14, Code of Federal Regulations, to use a personal
wireless communications device or laptop computer while at the
flight crewmember's duty station on the flight deck of such an
aircraft while the aircraft is being operated.
(b) Exceptions.--Subsection (a) shall not apply to the use of
a personal wireless communications device or laptop computer
for a purpose directly related to operation of the aircraft, or
for emergency, safety-related, or employment-related
communications, in accordance with procedures established by
the air carrier and the Administrator of the Federal Aviation
Administration.
(c) Enforcement.--In addition to the penalties provided under
section 46301 applicable to any violation of this section, the
Administrator of the Federal Aviation Administration may
enforce compliance with this section under section 44709 by
amending, modifying, suspending, or revoking a certificate
under this chapter.
(d) Personal Wireless Communications Device Defined.--In this
section, the term ``personal wireless communications device''
means a device through which personal wireless services (as
defined in section 332(c)(7)(C)(i) of the Communications Act of
1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted.
Sec. 44733. Inspection of foreign repair stations
(a) In General.--Not later than one year after the date of
enactment of this section, the Administrator of the Federal
Aviation Administration shall establish and implement a safety
assessment system for each part 145 repair station based on the
type, scope, and complexity of work being performed by the
repair station, which shall--
(1) ensure that repair stations outside the United
States are subject to appropriate inspections that are
based on identified risks and consistent with United
States requirements;
(2) accept consideration of inspection results and
findings submitted by foreign civil aviation
authorities operating under a maintenance safety or
maintenance implementation agreement with the United
States in meeting the requirements of the safety
assessment system; and
(3) require all maintenance safety or maintenance
implementation agreements with the United States to
provide an opportunity for the Federal Aviation
Administration to conduct independent inspections of
covered part 145 repair stations when safety concerns
warrant such inspections.
(b) Notice to Congress of Negotiations.--The Administrator
shall notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives on or before the 30th day after initiating
formal negotiations with a foreign aviation authority or other
appropriate foreign government agency on a new maintenance
safety or maintenance implementation agreement.
(c) Annual Report.--Not later than one year after the date of
enactment of this section, and annually thereafter, the
Administrator shall publish a report on the Administration's
oversight of part 145 repair stations and implementation of the
safety assessment system required by subsection (a), which
shall--
(1) describe in detail any improvements in the
Federal Aviation Administration's ability to identify
and track where part 121 air carrier repair work is
performed;
(2) include a staffing model to determine the best
placement of inspectors and the number of inspectors
needed for the oversight and implementation;
(3) describe the training provided to inspectors with
respect to the oversight and implementation;
(4) include an assessment of the quality of
monitoring and surveillance by the Federal Aviation
Administration of work provided by its inspectors and
the inspectors of foreign authorities operating under a
maintenance safety or maintenance implementation
agreement with the United States; and
(5) specify the number of sample inspections
performed by Federal Aviation Administration inspectors
at each repair station that is covered by a maintenance
safety or maintenance implementation agreement with the
United States.
(d) Alcohol and Controlled Substance Testing Program
Requirements.--
(1) In general.--The Secretary of State and the
Secretary of Transportation shall request, jointly, the
governments of foreign countries that are members of
the International Civil Aviation Organization to
establish international standards for alcohol and
controlled substances testing of persons that perform
safety-sensitive maintenance functions on commercial
air carrier aircraft.
(2) Application to part 121 aircraft work.--Not later
than one year after the date of enactment of this
section, the Administrator shall promulgate a proposed
rule requiring that all part 145 repair station
employees responsible for safety-sensitive maintenance
functions on part 121 air carrier aircraft are subject
to an alcohol and controlled substances testing program
that is determined acceptable by the Administrator and
is consistent with the applicable laws of the country
in which the repair station is located.
(e) Inspections.--The Administrator shall require part 145
repair stations to be inspected as frequently as determined
warranted by the safety assessment system required by
subsection (a), regardless of where the station is located, and
in a manner consistent with United States obligations under
international agreements.
(f) Definitions.--In this section, the following definitions
apply:
(1) Part 121 air carrier.--The term ``part 121 air
carrier'' means an air carrier that holds a certificate
issued under part 121 of title 14, Code of Federal
Regulations.
(2) Part 145 repair station.--The term ``part 145
repair station'' means a repair station that holds a
certificate issued under part 145 of title 14, Code of
Federal Regulations.
* * * * * * *
CHAPTER 453--FEES
Sec.
45301. General provisions.
* * * * * * *
45305. Registration, certification, and related fees.
Sec. 45301. General provisions
(a) * * *
[(b) Limitations.--
[(1) Authorization and impact considerations.--In
establishing fees under subsection (a), the
Administrator--
[(A) is authorized to recover in fiscal year
1997 $100,000,000; and
[(B) shall ensure that each of the fees
required by subsection (a) is reasonably
related to the Administration's costs, as
determined by the Administrator, of providing
the service rendered. Services for which costs
may be recovered include the costs of air
traffic control, navigation, weather services,
training and emergency services which are
available to facilitate safe transportation
over the United States, and 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.
The Determination of such costs by the
Administrator is not subject to judicial
review.
[(2) Publication; comment.--The Administrator shall
publish in the Federal Register an initial fee schedule
and associated collection process as an interim final
rule, pursuant to which public comment will be sought
and a final rule issued.]
(b) Establishment and Adjustment of Fees.--
(1) In general.--In establishing and adjusting fees
under this section, the Administrator shall ensure that
the fees are reasonably related to the Administration's
costs, as determined by the Administrator, of providing
the services rendered.
(2) Services for which costs may be recovered.--
Services for which costs may be recovered under this
section include the costs of air traffic control,
navigation, weather services, training, and emergency
services that are available to facilitate safe
transportation over the United States and the costs of
other services provided by the Administrator, or by
programs financed by the Administrator, to flights that
neither take off nor land in the United States.
(3) Limitations on judicial review.--Notwithstanding
section 702 of title 5 or any other provision of law,
the following actions and other matters shall not be
subject to judicial review:
(A) The establishment or adjustment of a fee
by the Administrator under this section.
(B) The validity of a determination of costs
by the Administrator under paragraph (1), and
the processes and procedures applied by the
Administrator when reaching such determination.
(C) An allocation of costs by the
Administrator under paragraph (1) to services
provided, and the processes and procedures
applied by the Administrator when establishing
such allocation.
(4) Adjustment of overflight fees.--In accordance
with section 106(f)(3)(A), the Administrator shall
adjust the overflight fees established by subsection
(a)(1) by issuing a final rule with respect to the
notice of proposed rulemaking published in the Federal
Register on September 28, 2010 (75 Fed. Reg. 59661).
(5) Aircraft altitude.--Nothing in this section shall
require the Administrator to take into account aircraft
altitude in establishing any fee for aircraft
operations in en route or oceanic airspace.
(6) Costs defined.--In this subsection, the term
``costs'' includes operation and maintenance costs,
leasing costs, and overhead expenses associated with
the services provided and the facilities and equipment
used in providing such services.
* * * * * * *
(e) Adjustment of Fees.--In addition to adjustments under
subsection (b), the Administrator may periodically adjust the
fees established under this section.
Sec. 45302. Fees involving aircraft not providing air transportation
(a) * * *
* * * * * * *
(e) Effective Date.--[A fee]
(1) In general.--A fee may not be imposed under this
section before the date on which the regulations
prescribed under sections 44111(d), 44703(f)(2), and
44713(d)(2) of this title take effect.
(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.
* * * * * * *
Sec. 45305. Registration, certification, and related fees
(a) General Authority and Fees.--Subject to subsection (b),
the Administrator of the Federal Aviation Administration shall
establish and collect a fee for each of the following services
and activities of the Administration that does not exceed the
estimated costs of the service or activity:
(1) Registering an aircraft.
(2) Reregistering, replacing, or renewing an aircraft
registration certificate.
(3) Issuing an original dealer's aircraft
registration certificate.
(4) Issuing an additional dealer's aircraft
registration certificate (other than the original).
(5) Issuing a special registration number.
(6) Issuing a renewal of a special registration
number reservation.
(7) Recording a security interest in an aircraft or
aircraft part.
(8) Issuing an airman certificate.
(9) Issuing a replacement airman certificate.
(10) Issuing an airman medical certificate.
(11) Providing a legal opinion pertaining to aircraft
registration or recordation.
(b) Limitation on Collection.--No fee may be collected under
this section unless the expenditure of the fee to pay the costs
of activities and services for which the fee is imposed is
provided for in advance in an appropriations Act.
(c) Fees Credited as Offsetting Collections.--
(1) In general.--Notwithstanding section 3302 of
title 31, any fee authorized to be collected under this
section shall--
(A) be credited as offsetting collections to
the account that finances the activities and
services for which the fee is imposed;
(B) be available for expenditure only to pay
the costs of activities and services for which
the fee is imposed, including all costs
associated with collecting the fee; and
(C) remain available until expended.
(2) Continuing appropriations.--The Administrator may
continue to assess, collect, and spend fees established
under this section during any period in which the
funding for the Federal Aviation Administration is
provided under an Act providing continuing
appropriations in lieu of the Administration's regular
appropriations.
(3) Adjustments.--The Administrator shall adjust a
fee established under subsection (a) for a service or
activity if the Administrator determines that the
actual cost of the service or activity is higher or
lower than was indicated by the cost data used to
establish such fee.
* * * * * * *
SUBPART IV--ENFORCEMENT AND PENALTIES
* * * * * * *
CHAPTER 463--PENALTIES
Sec. 46301. Civil penalties
(a) General Penalty.--(1) A person is liable to the United
States Government for a civil penalty of not more than $25,000
(or $1,100 if the person is an individual or small business
concern) for violating--
(A) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 411, chapter 413
(except sections 41307 and 41310(b)-(f)), chapter 415
(except sections 41502, 41505, and 41507 - 41509),
chapter 417 (except sections 41703, 41704, 41710,
41713, and 41714), chapter 419, subchapter II or III of
chapter 421, chapter 423, chapter 441 (except section
44109), section 44502(b) or (c), chapter 447 (except
sections 44717 and 44719 - 44723), chapter 449 (except
sections 44902, 44903(d), 44904, 44907(a)-(d)(1)(A) and
(d)(1)(C)-(f), and 44908), chapter 451, section
47107(b) (including any assurance made under such
section), or section 47133 of this title;
* * * * * * *
(5) Penalties applicable to individuals and small business
concerns.--
(A) An individual (except an airman serving as an
airman) or small business concern is liable to the
Government for a civil penalty of not more than $10,000
for violating--
(i) chapter 401 (except sections 40103(a) and
(d), 40105, 40106(b), 40116, and 40117),
section 44502 (b) or (c), chapter 447 (except
sections 44717-44723), [or chapter 449] chapter
449 (except sections 44902, 44903(d), 44904,
and 44907- 44909), or chapter 451 of this
title; or
* * * * * * *
(c) Procedural Requirements.--(1) The Secretary of
Transportation may impose a civil penalty for the following
violations only after notice and an opportunity for a hearing:
(A) a violation of subsection (b) of this section or
chapter 411, chapter 413 (except sections 41307 and
41310(b)-(f)), chapter 415 (except sections 41502,
41505, and 41507-41509), chapter 417 (except sections
41703, 41704, 41710, 41713, and 41714), chapter 419,
subchapter II of chapter 421, chapter 423, or section
44909 of this title.
* * * * * * *
(d) Administrative Imposition of Penalties.--(1) * * *
(2) The Administrator of the Federal Aviation Administration
may impose a civil penalty for a violation of chapter 401
(except sections 40103(a) and (d), 40105, 40106(b), 40116, and
40117), chapter 441 (except section 44109), section 44502(b) or
(c), chapter 447 (except sections 44717 and 44719-44723),
chapter 451 (except section 45107) or section 46301(b), [46302]
section 46302 (for a violation relating to section 46504),
46318, 46319, or 47107(b) (as further defined by the Secretary
under section 47107(l) and including any assurance made under
section 47107(b)) of this title or a regulation prescribed or
order issued under any of those provisions. The Secretary of
Homeland Security may impose a civil penalty for a violation of
chapter 449 (except sections 44902, 44903(d), 44907(a)-
(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), section
45107, 46302 (except for a violation relating to section
46504), [46303] section 46303, or a regulation prescribed or
order issued under such chapter 449. The Secretary of Homeland
Security or Administrator shall give written notice of the
finding of a violation and the penalty.
* * * * * * *
(f) Compromise and Setoff.--(1)(A) The Secretary may
compromise the amount of a civil penalty imposed for
violating--
(i) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 441 (except section
44109), section 44502(b) or (c), chapter 447 (except
sections 44717 and 44719-44723), [or chapter 449]
chapter 449 (except sections 44902, 44903(d), 44904,
44907(a)-(d)(1)(A) and (d)(1)(C)-(f), 44908, and
44909), or chapter 451 of this title; or
* * * * * * *
PART B--AIRPORT DEVELOPMENT AND NOISE
* * * * * * *
CHAPTER 471--AIRPORT DEVELOPMENT
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec.
47101. Policies.
* * * * * * *
[47129. Resolution of airport-air carrier disputes concerning airport
fees.]
47129. Resolution of disputes concerning airport fees.
* * * * * * *
SUBCHAPTER III--AVIATION DEVELOPMENT STREAMLINING
* * * * * * *
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec. 47101. Policies
(a) * * *
* * * * * * *
(g) Intermodal Planning.--To carry out the policy of
subsection (a)(5) of this section, the Secretary of
Transportation shall take each of the following actions:
(1) * * *
(2) Goals for airport master and system plans.--
Encourage airport sponsors and State and local
officials to develop airport master plans and airport
system plans that--
(A) * * *
(B) include an evaluation of aviation needs
within the context of multimodal planning;
[and]
(C) consider passenger convenience, airport
ground access, and access to airport
facilities; and
[(C)] (D) are integrated with metropolitan
plans to ensure that airport development
proposals include adequate consideration of
land use and ground transportation access.
* * * * * * *
(4) Aerotropolis transportation systems.--Encourage
the development of aerotropolis transportation systems,
which are planned and coordinated multimodal freight
and passenger transportation networks that, as
determined by the Secretary, provide efficient, cost-
effective, sustainable, and intermodal connectivity to
a defined region of economic significance centered
around a major airport.
* * * * * * *
Sec. 47102. Definitions
In this subchapter--
(1) * * *
* * * * * * *
(3) ``airport development'' means the following
activities, if undertaken by the sponsor, owner, or
operator of a public-use airport:
(A) * * *
(B) acquiring for, or installing at, a
public-use airport--
(i) * * *
* * * * * * *
(iv) firefighting and rescue
equipment at an airport that serves
scheduled passenger operations of air
carrier aircraft designed for more than
[20] 9 passenger seats;
* * * * * * *
(G) acquiring land for, or work necessary to
construct, a pad suitable for deicing aircraft
before takeoff at a commercial service airport,
including constructing or reconstructing paved
areas, drainage collection structures,
treatment and discharge systems, appropriate
lighting, paved access for deicing vehicles and
aircraft, and including acquiring glycol
recovery vehicles, but not including acquiring
aircraft deicing fluids or constructing or
reconstructing storage facilities for aircraft
deicing equipment or fluids.
* * * * * * *
(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.
* * * * * * *
[(5) ``airport planning'' means planning as defined
by regulations the Secretary prescribes and includes
integrated airport system planning.]
(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.
* * * * * * *
(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.
[(8)] (9) ``integrated airport system planning''
means developing for planning purposes information and
guidance to decide the extent, kind, location, and
timing of airport development needed in a specific area
to establish a viable, balanced, and integrated system
of public-use airports, including--
(A) * * *
* * * * * * *
[(9)] (10) ``landed weight'' means the weight of
aircraft transporting only cargo in intrastate,
interstate, and foreign air transportation, as the
Secretary determines under regulations the Secretary
prescribes.
[(10)] (11) ``large hub airport'' means a commercial
service airport that has at least 1.0 percent of the
passenger boardings.
[(11)] (12) ``low-emission technology'' means
technology for vehicles and equipment whose emission
performance is the best achievable under emission
standards established by the Environmental Protection
Agency and that relies exclusively on alternative fuels
that are substantially nonpetroleum based, as defined
by the Department of Energy, but not excluding hybrid
systems or natural gas powered vehicles.
[(12)] (13) ``medium hub airport'' means a commercial
service airport that has at least 0.25 percent but less
than 1.0 percent of the passenger boardings.
[(13)] (14) ``nonhub airport'' means a commercial
service airport that has less than 0.05 percent of the
passenger boardings.
[(14)] (15) ``passenger boardings''--
(A) * * *
* * * * * * *
[(15)] (16) ``primary airport'' means a commercial
service airport the Secretary determines to have more
than 10,000 passenger boardings each year.
[(16)] (17) ``project'' means a project, separate
projects included in one project grant application, or
all projects to be undertaken at an airport in a fiscal
year, to achieve airport development or airport
planning.
[(17)] (18) ``project cost'' means a cost involved in
carrying out a project.
[(18)] (19) ``project grant'' means a grant of money
the Secretary makes to a sponsor to carry out at least
one project.
[(19)] (20) ``public agency'' means--
(A) * * *
* * * * * * *
[(20)] (21) ``public airport'' means an airport used
or intended to be used for public purposes--
(A) * * *
* * * * * * *
[(21)] (22) ``public-use airport'' means--
(A) * * *
* * * * * * *
[(22)] (23) ``reliever airport'' means an airport the
Secretary designates to relieve congestion at a
commercial service airport and to provide more general
aviation access to the overall community.
(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.
[(23)] (25) ``small hub airport'' means a commercial
service airport that has at least 0.05 percent but less
than 0.25 percent of the passenger boardings.
[(24)] (26) ``sponsor'' means--
(A) * * *
* * * * * * *
[(25)] (27) ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the
Virgin Islands, American Samoa, the Northern Mariana
Islands, the Trust Territory of the Pacific Islands,
and Guam.
(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. 47103. National plan of integrated airport systems
(a) General Requirements and Considerations.--The Secretary
of Transportation shall maintain the plan for developing
public-use airports in the United States, named ``the national
plan of integrated airport systems''. The plan shall include
the kind and estimated cost of eligible airport development the
Secretary of Transportation considers necessary to provide a
safe, efficient, and integrated system of public-use airports
adequate to anticipate and meet the needs of civil aeronautics,
to meet the national defense requirements of the Secretary of
Defense, and to meet identified needs of the United States
Postal Service. Airport development included in the plan may
not be limited to meeting the needs of any particular classes
or categories of public-use airports. In maintaining the plan,
the Secretary of Transportation shall consider the needs of
each segment of civil aviation and the relationship of [each
airport to--] the airport system to--
(1) the rest of the transportation [system in the
particular area;] system, including connection to the
surface transportation network; and
(2) forecasted technological developments in
aeronautics[; and].
[(3) forecasted developments in other modes of
intercity transportation.]
(b) Specific Requirements.--In maintaining the plan, the
Secretary of Transportation shall--
(1) to the extent possible and as appropriate,
consult with departments, agencies, and
instrumentalities of the United States Government, with
public agencies, and with the aviation community[;];
and
[(2) consider tall structures that reduce safety or
airport capacity; and]
[(3)] (2) make every reasonable effort to address the
needs of air cargo operations[, Short Takeoff and
Landing/Very Short Takeoff and Landing aircraft
operations,] and rotary wing aircraft operations.
* * * * * * *
(d) Publication.--The Secretary of Transportation shall
publish the [status of the] plan every 2 years.
Sec. 47104. Project grant authority
(a) * * *
* * * * * * *
(c) Expiration of Authority.--After [March 31, 2011]
September 30, 2014, the Secretary may not incur obligations
under subsection (b) of this section, except for obligations of
amounts--
(1) * * *
* * * * * * *
Sec. 47106. Project grant application approval conditioned on
satisfaction of project requirements
(a) Project Grant Application Approval.--The Secretary of
Transportation may approve an application under this subchapter
for a project grant only if the Secretary is satisfied that--
(1) * * *
* * * * * * *
(4) the project will be completed without
unreasonable delay; [and]
(5) the sponsor has authority to carry out the
project as [proposed.] proposed; and
(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.
* * * * * * *
(f) Competition Plans.--
(1) Prohibition.--Beginning in fiscal year 2001, no
passenger facility [fee] charge may be approved for a
covered airport under section 40117 and no grant may be
made under this subchapter for a covered airport unless
the airport has submitted to the Secretary a written
competition plan in accordance with this subsection.
(2) Contents.--A competition plan under this
subsection shall include information on the
availability of airport gates and related facilities,
leasing and sub-leasing arrangements, gate-use
requirements, [patterns of air service,] gate-
assignment policy, financial constraints, airport
controls over air- and ground-side capacity, and
whether the airport intends to build or acquire gates
that would be used as common facilities[, and airfare
levels (as compiled by the Department of
Transportation) compared to other large airports].
* * * * * * *
Sec. 47107. Project grant application approval conditioned on
assurances about airport operations
(a) General Written Assurances.--The Secretary of
Transportation may approve a project grant application under
this subchapter for an airport development project only if the
Secretary receives written assurances, satisfactory to the
Secretary, that--
(1) * * *
* * * * * * *
(16) the airport owner or operator will maintain a
current layout plan of the airport that meets the
following requirements:
(A) * * *
* * * * * * *
(D) when an alteration in the airport or its
facility is made that does not conform to the
approved plan and that the Secretary decides
adversely affects the safety, utility, or
efficiency of any property on or off the
airport that is owned, leased, or financed by
the Government, the owner or operator, if
requested by the Secretary, will--
(i) * * *
(ii) bear all cost of relocating the
property or its replacement to a site
acceptable to the Secretary and of
restoring the property or its
replacement to the level of safety,
utility, efficiency, and cost of
operation that existed before the
alteration was made, except in the case
of a relocation or replacement of an
existing airport facility that meets
the conditions of section 47110(d);
* * * * * * *
(c) Written Assurances on Acquiring Land.--(1) * * *
(2) The Secretary of Transportation may approve an
application under this subchapter for an airport development
project grant only if the Secretary receives written
assurances, satisfactory to the Secretary, that if an airport
owner or operator has received or will receive a grant for
acquiring land and--
(A) if the land was or will be acquired for a noise
compatibility purpose--
(i) * * *
* * * * * * *
(iii) the part of the proceeds from disposing
of the land that is proportional to the
Government's share of the cost of acquiring the
land will be [paid to the Secretary for deposit
in the Airport and Airway Trust Fund
established under section 9502 of the Internal
Revenue Code of 1986 (26 U.S.C. 9502) or, as
the Secretary prescribes, reinvested in an
approved noise compatibility project, including
the purchase of nonresidential buildings or
property in the vicinity of residential
buildings or property previously purchased by
the airport as part of a noise compatibility
program] reinvested in another project at the
airport or transferred to another airport as
the Secretary prescribes under paragraph (4);
or
(B) if the land was or will be acquired for an
airport purpose (except a noise compatibility
purpose)--
(i) * * *
* * * * * * *
(iii) the part of the proceeds from disposing
of the land that is proportional to the
Government's share of the cost of acquiring the
land will be reinvested, on application to the
Secretary, in another eligible airport
development project the Secretary approves
under this subchapter or paid to the Secretary
for deposit in [the Fund] the Airport and
Airway Trust Fund established under section
9502 of the Internal Revenue Code of 1986 if
another eligible project does not exist.
* * * * * * *
(4) In approving the reinvestment or transfer of proceeds
under paragraph (2)(A)(iii), the Secretary shall give
preference, in descending order, to the following actions:
(A) Reinvestment in an approved noise compatibility
project.
(B) Reinvestment in an approved project that is
eligible for funding under section 47117(e).
(C) Reinvestment in an approved airport development
project that is eligible for funding under section
47114, 47115, or 47117.
(D) Transfer to a sponsor of another public airport
to be reinvested in an approved noise compatibility
project at such airport.
(E) Payment to the Secretary for deposit in the
Airport and Airway Trust Fund.
* * * * * * *
(s) Competition Disclosure Requirement.--
(1) * * *
* * * * * * *
[(3) Sunset provision.--This subsection shall cease
to be effective beginning April 1, 2011.]
(t) Agreements Granting Through-The-Fence Access to General
Aviation Airports.--
(1) In general.--Subject to paragraph (2), a sponsor
of a general aviation airport shall not be considered
to be in violation of this subtitle, or to be in
violation of a grant assurance made under this section
or under any other provision of law as a condition for
the receipt of Federal financial assistance for airport
development, solely because the sponsor enters into an
agreement that grants to a person that owns residential
real property adjacent to the airport access to the
airfield of the airport for the following:
(A) Aircraft of the person.
(B) Aircraft authorized by the person.
(2) Through-the-fence agreements.--
(A) In general.--An agreement described in
paragraph (1) between an airport sponsor and a
property owner shall be a written agreement
that prescribes the rights, responsibilities,
charges, duration, and other terms the airport
sponsor determines are necessary to establish
and manage the airport sponsor's relationship
with the property owner.
(B) Terms and conditions.--An agreement
described in paragraph (1) between an airport
sponsor and a property owner shall require the
property owner, at minimum--
(i) to pay airport access charges
that, as determined by the airport
sponsor, are comparable to those
charged to tenants and operators on-
airport making similar use of the
airport;
(ii) to bear the cost of building and
maintaining the infrastructure that, as
determined by the airport sponsor, is
necessary to provide aircraft located
on the property adjacent to the airport
access to the airfield of the airport;
(iii) to maintain the property for
residential, noncommercial use for the
duration of the agreement; and
(iv) to prohibit access to the
airport from other properties through
the property of the property owner.
Sec. 47108. Project grant agreements
(a) * * *
* * * * * * *
(e) Change in Airport Status.--
(1) * * *
* * * * * * *
(3) Changes to nonhub primary status.--If the status
of a nonhub primary airport changes to a small hub
primary airport at a time when the airport has received
discretionary funds under this chapter for a terminal
development project in accordance with [section
47110(d)(2)] section 47119(a), and the project is not
yet completed, the project shall remain eligible for
funding from the discretionary fund and the small
airport fund to pay costs allowable under [section
47110(d)] section 47119(a). Such project shall remain
eligible for such funds for three fiscal years after
the start of construction of the project, or if the
Secretary determines that a further extension of
eligibility is justified, until the project is
completed.
Sec. 47109. United States Government's share of project costs
(a) General.--Except as [provided in subsection (b) or
subsection (c) of this section] otherwise provided in this
section, the United States Government's share of allowable
project costs is--
(1) * * *
* * * * * * *
(e) Special Rule for Transition From Small Hub to Medium Hub
Status.--If the status of a small hub airport changes to a
medium hub airport, the Government's share of allowable project
costs for the airport may not exceed 90 percent for the first 2
fiscal years following such change in hub status.
(f) Special Rule for Economically Depressed Communities.--The
Government's share of allowable project costs shall be 95
percent for a project at an airport that--
(1) is receiving subsidized air service under
subchapter II of chapter 417; and
(2) is located in an area that meets one or more of
the criteria established in section 301(a) of the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)), as determined by the Secretary of
Commerce.
Sec. 47110. Allowable project costs
(a) * * *
(b) Allowable Cost Standards.--A project cost is allowable--
(1) * * *
(2)(A) * * *
* * * * * * *
[(D) if the cost is incurred after September 11,
2001, for a project described in section 47102(3)(J),
47102(3)(K), or 47102(3)(L) and shall not depend upon
the date of execution of a grant agreement made under
this subchapter;]
(D) if the cost is for airport development and is
incurred before execution of the grant agreement, but
in the same fiscal year as execution of the grant
agreement, and if--
(i) the cost was incurred before execution of
the grant agreement due to climactic conditions
affecting the construction season in the
vicinity of the airport;
(ii) the cost is in accordance with an
airport layout plan approved by the Secretary
and with all statutory and administrative
requirements that would have been applicable to
the project if the project had been carried out
after execution of the grant agreement,
including submission of a complete grant
application to the appropriate regional or
district office of the Federal Aviation
Administration;
(iii) the sponsor notifies the Secretary
before authorizing work to commence on the
project;
(iv) the sponsor has an alternative funding
source available to fund the project; and
(v) the sponsor's decision to proceed with
the project in advance of execution of the
grant agreement does not affect the priority
assigned to the project by the Secretary for
the allocation of discretionary funds;
* * * * * * *
(5) if the total costs allowed for the project are
not more than the amount stated in the grant agreement
as the maximum the Government will pay (except as
provided in section 47108(b) of this title); [and]
(6) if the cost is for a project not described in
section 47102(3) for acquiring for use at a commercial
service airport vehicles and ground support equipment
owned by an airport that include low-emission
technology, but only to the extent of the incremental
cost of equipping such vehicles or equipment with low-
emission technology, as determined by the Secretary[.];
and
(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.
* * * * * * *
[(d) Terminal Development Costs.--(1) The Secretary may
decide that the cost of terminal development (including multi-
modal terminal development) in a nonrevenue-producing public-
use area of a commercial service airport is allowable for an
airport development project at the airport--
[(A) if the sponsor certifies that the airport, on
the date the grant application is submitted to the
Secretary, has--
[(i) all the safety equipment required for
certification of the airport under section
44706 of this title;
[(ii) all the security equipment required by
regulation; and
[(iii) provided for access, to the area of
the airport for passengers for boarding or
exiting aircraft, to those passengers boarding
or exiting aircraft, except 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) In making a decision under paragraph (1) of this
subsection, 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.]
(d) Relocation of Airport-Owned Facilities.--The Secretary
may determine that the costs of relocating or replacing an
airport-owned facility are allowable for an airport development
project at an airport only if--
(1) the Government's share of such costs will be paid
with funds apportioned to the airport sponsor under
section 47114(c)(1) or 47114(d);
(2) the Secretary determines that the relocation or
replacement is required due to a change in the
Secretary's design standards; and
(3) the Secretary determines that the change is
beyond the control of the airport sponsor.
(e) Letters of Intent.--(1) * * *
* * * * * * *
(5) Letters of intent.--The Secretary may not require an
eligible agency to impose a passenger facility [fee] charge
under section 40117 in order to obtain a letter of intent under
this section.
* * * * * * *
(h) Nonprimary Airports.--The Secretary may decide that the
construction costs of revenue producing aeronautical support
facilities[, including fuel farms and hangars,] are allowable
for an airport development project at a nonprimary airport if
the Government's share of such costs is paid only with funds
apportioned to the airport sponsor under section 47114(d)(3)(A)
and if the Secretary determines that the sponsor has made
adequate provision for financing airside needs of the airport.
Sec. 47112. Carrying out airport development projects
(a) * * *
* * * * * * *
(c) Veterans' Preference.--(1) In this subsection--
(A) * * *
(B) ``Vietnam-era veteran'' means an individual who
served on active duty (as defined in section 101 of
title 38) in the armed forces for more than 180
consecutive days, any part of which occurred after
August 4, 1964, and before May 8, 1975, and who was
[separated from] discharged or released from active
duty in the armed forces under honorable conditions.
(C) ``Afghanistan-Iraq war veteran'' means an
individual who served on active duty (as defined in
section 101 of title 38) in the Armed Forces in support
of Operation Enduring Freedom, Operation Iraqi Freedom,
or Operation New Dawn for more than 180 consecutive
days, any part of which occurred after September 11,
2001, and before the date prescribed by presidential
proclamation or by law as the last day of Operation
Enduring Freedom, Operation Iraqi Freedom, or Operation
New Dawn (whichever is later), and who was discharged
or released from active duty in the armed forces under
honorable conditions.
(D) ``Persian Gulf veteran'' means an individual who
served on active duty in the Armed Forces in the
Southwest Asia theater of operations during the Persian
Gulf War for more than 180 consecutive days, any part
of which occurred after August 2, 1990, and before the
date prescribed by presidential proclamation or by law,
and who was discharged or released from active duty in
the armed forces under honorable conditions.
(2) A contract involving labor for carrying out an airport
development project under a grant agreement under this
subchapter must require that preference in the employment of
labor (except in executive, administrative, and supervisory
positions) be given to [Vietnam-era veterans and disabled
veterans] 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 when they are available and qualified for the
employment.
Sec. 47113. Minority and disadvantaged business participation
(a) * * *
* * * * * * *
(e) Mandatory Training Program.--
(1) In general.--Not later than one year after the
date of enactment of this subsection, the Secretary
shall establish a mandatory training program for
persons described in paragraph (3) to provide
streamlined training on certifying whether a small
business concern qualifies as a small business concern
owned and controlled by socially and economically
disadvantaged individuals under this section and
section 47107(e).
(2) Implementation.--The training program may be
implemented by one or more private entities approved by
the Secretary.
(3) Participants.--A person referred to in paragraph
(1) is an official or agent of an airport sponsor--
(A) who is required to provide a written
assurance under this section or section
47107(e) that the airport owner or operator
will meet the percentage goal of subsection (b)
of this section or section 47107(e)(1), as the
case may be; or
(B) who is responsible for determining
whether or not a small business concern
qualifies as a small business concern owned and
controlled by socially and economically
disadvantaged individuals under this section or
section 47107(e).
Sec. 47114. Apportionments
(a) * * *
* * * * * * *
(c) Amounts Apportioned to Sponsors.--
(1) Primary airports.--
(A) * * *
* * * * * * *
(C) Special rule.--In any fiscal year in
which the total amount made available under
section 48103 is [$3,200,000,000]
$3,000,000,000 or more--
(i) * * *
* * * * * * *
[(F) Special rule for fiscal years 2004 and
2005.--Notwithstanding subparagraph (A) and the
absence of scheduled passenger aircraft service
at an airport, the Secretary may apportion in
fiscal years 2004 and 2005 to the sponsor of
the airport an amount equal to the amount
apportioned to that sponsor in fiscal year 2002
or 2003, whichever amount is greater, if the
Secretary finds that--
[(i) the passenger boardings at the
airport were below 10,000 in calendar
year 2002 or 2003;
[(ii) the airport had at least 10,000
passenger boardings and scheduled
passenger aircraft service in either
calendar year 2000 or 2001; and
[(iii) the reason that passenger
boardings described in clause (i) were
below 10,000 was the decrease in
passengers following the terrorist
attacks of September 11, 2001.
[(G) Special rule for fiscal year 2006.--
Notwithstanding subparagraph (A) and the
absence of scheduled passenger aircraft service
at an airport, the Secretary may apportion in
fiscal year 2006 to the sponsor of the airport
an amount equal to $500,000, if the Secretary
finds that--
[(i) the passenger boardings at the
airport were below 10,000 in calendar
year 2004;
[(ii) the airport had at least 10,000
passenger boardings and scheduled
passenger aircraft service in either
calendar year 2000 or 2001; and
[(iii) the reason that passenger
boardings described in clause (i) were
below 10,000 was the decrease in
passengers following the terrorist
attacks of September 11, 2001.]
(F) Special rule for fiscal years 2011 and
2012.--Notwithstanding subparagraph (A), for an
airport that had more than 10,000 passenger
boardings and scheduled passenger aircraft
service in calendar year 2007, but in either
calendar year 2009 or 2010, or in both years,
the number of passenger boardings decreased to
a level below 10,000 boardings per year at such
airport, the Secretary may apportion in each of
fiscal years 2011 and 2012 to the sponsor of
such airport an amount equal to the amount
apportioned to that sponsor in fiscal year
2009.
(2) Cargo airports.--
(A) * * *
* * * * * * *
(C) Limitation.--In any fiscal year in which the
total amount made available under section 48103 is less
than [$3,200,000,000] $3,000,000,000, not more than 8
percent of the amount apportioned under subparagraph
(A) may be apportioned for any one airport.
* * * * * * *
(d) Amounts Apportioned for General Aviation Airports.--
(1) * * *
* * * * * * *
(3) Special rule.--In any fiscal year in which the
total amount made available under section 48103 is
[$3,200,000,000] $3,000,000,000 or more, rather than
making an apportionment under paragraph (2), the
Secretary shall apportion 20 percent of the amount
subject to apportionment for each fiscal year as
follows:
(A) * * *
* * * * * * *
(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.
(e) Supplemental Apportionment for Alaska.--
(1) * * *
* * * * * * *
(4) Special rule.--In any fiscal year in which the
total amount made available under section 48103 is
[$3,200,000,000] $3,000,000,000 or more, the amount
that may be apportioned for airports in Alaska under
paragraph (1) shall be increased by doubling the amount
that would otherwise be apportioned.
(f) Reducing Apportionments.--
(1) In general.--Subject to paragraph (3), an amount
that would be apportioned under this section (except
subsection (c)(2) in a fiscal year to the sponsor of an
airport having at least .25 percent of the total number
of boardings each year in the United States and for
which a [fee] charge is imposed in the fiscal year
under section 40117 of this title shall be reduced by
an amount equal to--
(A) in the case of a [fee] charge of $3.00 or
less, 50 percent of the projected revenues from
the [fee] charge in the fiscal year but not by
more than 50 percent of the amount that
otherwise would be apportioned under this
section; and
(B) in the case of a [fee] charge of more
than $3.00, 75 percent of the projected
revenues from the [fee] charge in the fiscal
year but not by more than 75 percent of the
amount that otherwise would be apportioned
under this section.
(2) Effective date of reduction.--A reduction in an
apportionment required by paragraph (1) shall not take
effect until the first fiscal year following the year
in which the collection of the [fee] charge imposed
under section 40117 is begun.
(3) Special rule for transitioning airports.--
(A) In general.--Beginning with the fiscal
year following the first calendar year in which
the sponsor of an airport has more than .25
percent of the total number of boardings in the
United States, the sum of the amount that would
be apportioned under this section after
application of paragraph (1) in a fiscal year
to such sponsor and the projected revenues to
be derived from the [fee] charge in such fiscal
year shall not be less than the sum of the
apportionment to such airport for the preceding
fiscal year and the revenues derived from such
[fee] charge in the preceding fiscal year.
* * * * * * *
Sec. 47115. Discretionary fund
(a) * * *
* * * * * * *
(j) Marshall Islands, Micronesia, and Palau.--For [fiscal
years 2004 through 2010, and for the portion of fiscal year
2011 ending before April 1, 2011,] fiscal years 2010 through
2014, the sponsors of airports located in the Republic of the
Marshall Islands, Federated States of Micronesia, and Republic
of Palau shall be eligible for grants under this section and
section 47116.
* * * * * * *
Sec. 47117. Use of apportioned amounts
(a) * * *
* * * * * * *
(e) Special Apportionment Categories.--(1) The Secretary
shall use amounts available to the discretionary fund under
section 47115 of this title for each fiscal year as follows:
(A) * * *
* * * * * * *
(C) In any fiscal year in which the total amount made
available under section 48103 is [$3,200,000,000]
$3,000,000,000 or more, at least two-thirds of 1
percent for grants to sponsors of reliever airports
which have--
(i) * * *
* * * * * * *
Sec. 47118. Designating current and former military airports
(a) * * *
* * * * * * *
(c) Considerations.--In carrying out this section, the
Secretary shall consider only current or former military
airports for designation under this section if a grant under
section 47117(e)(1)(B) would--
(1) reduce delays at an airport with more than 20,000
hours of annual delays in commercial passenger aircraft
takeoffs and landings; [or]
(2) enhance airport and air traffic control system
capacity in a metropolitan area or reduce current and
projected flight [delays.] delays; or
(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.
* * * * * * *
(g) Designation of General Aviation [Airport] Airports.--
Notwithstanding any other provision of this section, [one of
the airports bearing a designation under subsection (a) may be
a general aviation airport that was a former military
installation] 3 of the airports bearing designations under
subsection (a) may be general aviation airports that were
former military installations closed or realigned under a
section referred to in subsection (a)(1).
(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. 47119. Terminal development costs
(a) Terminal Development Projects.--
(1) In general.--The Secretary of Transportation may
approve a project for terminal development (including
multimodal terminal development) in a nonrevenue-
producing public-use area of a commercial service
airport--
(A) if the sponsor certifies that the
airport, on the date the grant application is
submitted to the Secretary, has--
(i) all the safety equipment required
for certification of the airport under
section 44706;
(ii) all the security equipment
required by regulation; and
(iii) provided for access by
passengers to the area of the airport
for boarding or exiting aircraft that
are not air carrier aircraft;
(B) if the cost is directly related to moving
passengers and baggage in air commerce within
the airport, including vehicles for moving
passengers between terminal facilities and
between terminal facilities and aircraft; and
(C) under terms necessary to protect the
interests of the Government.
(2) Project in revenue-producing areas and
nonrevenue-producing parking lots.--In making a
decision under paragraph (1), the Secretary may approve
as allowable costs the expenses of terminal development
in a revenue-producing area and construction,
reconstruction, repair, and improvement in a
nonrevenue-producing parking lot if--
(A) except as provided in section
47108(e)(3), the airport does not have more
than .05 percent of the total annual passenger
boardings in the United States; and
(B) the sponsor certifies that any needed
airport development project affecting safety,
security, or capacity will not be deferred
because of the Secretary's approval.
[(a)] (b) Repaying Borrowed Money.--
(1) * * *
* * * * * * *
(3) Terminal development costs at primary airports.--
An amount apportioned under section 47114 or available
under subsection (b)(3) to a primary airport--
(A) * * *
* * * * * * *
is available to repay immediately money borrowed and
used to pay the costs for such terminal development if
those costs would be allowable project costs under
[section 47110(d)] subsection (a).
(4) Conditions for grant.--An amount is available for
a grant under this subsection only if--
(A) the sponsor submits the certification
required under [section 47110(d)] subsection
(a);
(B) the [Secretary of Transportation]
Secretary decides that using the amount to
repay the borrowed money will not defer an
airport development project outside the
terminal area at that airport; and
* * * * * * *
(5) Applicability of certain limitations.--A grant
under this subsection shall be subject to the
limitations in [subsection (b)(1) and (2)] subsections
(c)(1) and (c)(2).
[(b)] (c) Availability of Amounts.--In a fiscal year, the
Secretary may make available--
(1) * * *
(2) on approval of the Secretary, not more than
$200,000 of the amount that may be distributed for the
fiscal year from the discretionary fund established
under section 47115 of this title--
(A) to a sponsor of a nonprimary commercial
service airport to pay project costs allowable
under [section 47110(d) of this title]
subsection (a); and
(B) to a sponsor of a reliever airport for
the types of project costs allowable under
[section 47110(d)] subsection (a), including
project costs allowable for a commercial
service airport that each year does not have
more than .05 percent of the total boardings in
the United States;
(3) for use by a primary airport that each year does
not have more than .05 percent of the total boardings
in the United States, any part of amounts that may be
distributed for the fiscal year from the discretionary
fund and small airport fund to pay project costs
allowable under [section 47110(d) of this title]
subsection (a);
(4) not more than $25,000,000 to pay project costs
allowable for the fiscal year under [section 47110(d)
of this title] subsection (a) for projects at
commercial service airports that were not eligible for
assistance for terminal development during the fiscal
year ending September 30, 1980, under section 20(b) of
the Airport and Airway Development Act of 1970; or
(5) to a sponsor of a nonprimary airport, any part of
amounts apportioned to the sponsor for the fiscal year
under section 47114(d)(3)(A) for project costs
allowable under [section 47110(d)] subsection (a).
[(c)] (d) Nonhub Airports.--With respect to a project at a
commercial service airport which annually has less than 0.05
percent of the total enplanements in the United States, the
Secretary may approve the use of the amounts described in
subsection (a) notwithstanding the requirements of sections
47107(a)(17), 47112, and 47113.
[(d)] (e) Determination of Passenger Boarding at Commercial
Service Airports.--For the purpose of determining whether an
amount may be distributed for a fiscal year from the
discretionary fund in accordance with subsection (b)(2)(A) to a
commercial service airport, the Secretary shall make the
determination of whether or not a public airport is a
commercial service airport on the basis of the number of
passenger boardings and type of air service at the public
airport in the calendar year that includes the first day of
such fiscal year or the preceding calendar year, whichever is
more beneficial to the airport.
(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).
* * * * * * *
Sec. 47124. Agreements for State and local operation of airport
facilities
(a) * * *
(b) Air Traffic Control Contract Program.--[(1) The Secretary
shall continue the low activity (Visual Flight Rules) level I
air traffic control tower contract program established under
subsection (a) of this section for towers existing on December
30, 1987, and extend the program to other towers as
practicable.]
(1) Contract tower program.--
(A) Continuation and extension.--The
Secretary shall continue the low activity
(Visual Flight Rules) Level I air traffic
control tower contract program established
under subsection (a) for towers existing on
December 30, 1987, and shall extend the program
to other low activity air traffic control
towers for which a qualified entity (as
determined by the Secretary), a State, or a
subdivision of the State meeting the
requirements set forth by the Secretary has
requested to participate in the program.
(B) Special rule.--If the Secretary
determines that a tower already operating under
the program continued under this paragraph has
a benefit-to-cost ratio of less than 1.0, the
airport sponsor or State or local government
having jurisdiction over the airport shall not
be required to pay the portion of the costs
that exceeds the benefit for a period of 18
months after such determination is made.
(C) Use of excess funds.--If the Secretary
finds that all or part of an amount made
available to carry out the program continued
under this paragraph is not required during a
fiscal year, the Secretary may use, during such
fiscal year, the amount not so required to
carry out the program established under
paragraph (3).
[(2) The Secretary]
(2) General authority.--The Secretary may make a
contract with a qualified entity (as determined by the
Secretary) or, on a sole source basis, with a State or
a political subdivision of a State to allow the entity,
State, or subdivision to operate an airport traffic
control tower classified as a level I (Visual Flight
Rules) tower if the Secretary decides that the entity,
State, or subdivision has the capability to comply with
the requirements of this paragraph. The contract shall
require that the entity, State, or subdivision comply
with applicable safety regulations in operating the
facility and with applicable competition requirements
in making a subcontract to perform work to carry out
the contract.
(3) Contract air traffic control tower program.--
(A) * * *
* * * * * * *
(D) Costs exceeding benefits.--[If the costs]
(i) Cost sharing.--If the costs of
operating an air traffic tower under
the program exceed the benefits, the
airport sponsor or State or local
government having jurisdiction over the
airport shall pay the portion of the
costs that exceed such benefit.
(ii) Maximum local cost share.--The
maximum allowable local cost share
allocated under clause (i) for an
airport certified under part 139 of
title 14, Code of Federal Regulations,
with fewer than 50,000 annual passenger
enplanements shall be capped at 20
percent of the cost of operating an air
traffic tower under the program.
(iii) Sunset.--Clause (ii) shall not
be in effect after September 30, 2014.
[(E) Funding.--Of the amounts appropriated
pursuant to section 106(k), not more than
$6,500,000 for fiscal 2004, $7,000,000 for
fiscal year 2005, $7,500,000 for fiscal year
2006, and $8,000,000 for fiscal year 2007 may
be used to carry out this paragraph.]
(E) Funding.--Of the amounts appropriated
pursuant to section 106(k)(1), not more than
$8,500,000 for each of fiscal years 2011
through 2014 may be used to carry out this
paragraph.
(F) Use of excess funds.--If the Secretary
finds that all or part of an amount made
available under this paragraph is not required
during a fiscal year, the Secretary may use,
during such fiscal year, the amount not so
required to carry out the program continued
under paragraph (1).
* * * * * * *
(4) Construction of air traffic control towers.--
(A) * * *
* * * * * * *
(C) Limitation on Federal share.--The Federal share
of the cost of construction of a nonapproach control
tower under this paragraph may not exceed [$1,500,000]
$2,000,000.
* * * * * * *
(c) Safety Audits.--The Secretary shall establish uniform
standards and requirements for regular safety assessments of
air traffic control towers that receive funding under this
section.
* * * * * * *
Sec. 47128. State block grant program
(a) General Requirements.--The Secretary of Transportation
shall [prescribe regulations] issue guidance to carry out a
State block grant program. The [regulations] guidance shall
provide that the Secretary may designate not more than 9
qualified States for fiscal years 2000 and 2001 and 10
qualified States for each fiscal year thereafter to assume
administrative responsibility for all airport grant amounts
available under this subchapter, except for amounts designated
for use at primary airports.
(b) Applications and Selection.--A State wishing to
participate in the program must submit an application to the
Secretary. The Secretary shall select a State on the basis of
its application only after--
(1) * * *
* * * * * * *
(4) finding that the State has agreed to comply with
United States Government standard requirements for
administering the block grant, 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; and
* * * * * * *
(d) Environmental Analysis and Coordination Requirements.--A
Federal agency, other than the Federal Aviation Administration,
that is responsible for issuing an approval, license, or permit
to ensure compliance with a Federal environmental requirement
applicable to a project or activity to be carried out by a
State using amounts from a block grant made under this section
shall--
(1) coordinate and consult with the State;
(2) use the environmental analysis prepared by the
State for the project or activity if such analysis is
adequate; and
(3) as necessary, consult with the State to describe
the supplemental analysis the State must provide to
meet applicable Federal requirements.
[Sec. 47129. Resolution of airport-air carrier disputes concerning
airport fees]
Sec. 47129. Resolution of disputes concerning airport fees
(a) Authority To Request Secretary's Determination.--
(1) In general.--The Secretary of Transportation
shall issue a determination as to whether a fee imposed
upon one or more [air carriers (as defined in section
40102 of this title)] air carriers or foreign air
carriers (as those terms are defined in section 40102)
by the owner or operator of an airport is reasonable
if--
(A) * * *
(B) a written complaint requesting such
determination is filed with the Secretary by an
affected [air carrier] air carrier or foreign
air carrier within 60 days after such carrier
receives written notice of the establishment or
increase of such fee.
* * * * * * *
(c) Decisions By Secretary.--The final regulations, policy
statements, or guidelines required in subsection (b) shall
provide the following:
(1) Not more than 120 days after an [air carrier] air
carrier or foreign air carrier files with the Secretary
a written complaint relating to an airport fee, the
Secretary shall issue a final order determining whether
such fee is reasonable.
* * * * * * *
(d) Payment Under Protest; Guarantee of Air Carrier and
Foreign Air Carrier Access.--
(1) Payment under protest.--
(A) In general.--Any fee increase or newly
established fee which is the subject of a
complaint that is not dismissed by the
Secretary shall be paid by the complainant [air
carrier] air carrier or foreign air carrier to
the airport under protest.
(B) Referral or credit.--Any amounts paid
under this subsection by a complainant [air
carrier] air carrier or foreign air carrier to
the airport under protest shall be subject to
refund or credit to the [air carrier] air
carrier or foreign air carrier in accordance
with directions in the final order of the
Secretary within 30 days of such order.
(C) Assurance of timely repayment.--In order
to assure the timely repayment, with interest,
of amounts in dispute determined not to be
reasonable by the Secretary, the airport shall
obtain a letter of credit, or surety bond, or
other suitable credit facility, equal to the
amount in dispute that is due during the 120-
day period established by this section, plus
interest, unless the airport and the
complainant [air carrier] air carrier or
foreign air carrier agree otherwise.
* * * * * * *
(2) Guarantee of air carrier and foreign air carrier
access.--Contingent upon an [air carrier's] air
carrier's or foreign air carrier's compliance with the
requirements of paragraph (1) and pending the issuance
of a final order by the Secretary determining the
reasonableness of a fee that is the subject of a
complaint filed under subsection (a)(1)(B), an owner or
operator of an airport may not deny an [air carrier]
air carrier or foreign air carrier currently providing
air service at the airport reasonable access to airport
facilities or service, or otherwise interfere with an
[air carrier's] air carrier's or foreign air carrier's
prices, routes, or services, as a means of enforcing
the fee.
(e) Applicability.--This section does not apply to--
(1) a fee imposed pursuant to a written agreement
with [air carriers] air carriers or foreign air
carriers using the facilities of an airport;
* * * * * * *
(f) Effect On Existing Agreements.--Nothing in this section
shall adversely affect--
(1) the rights of any party under any existing
written agreement between an [air carrier] air carrier
or foreign air carrier and the owner or operator of an
airport; or
* * * * * * *
Sec. 47131. Annual report
(a) General Rule.--Not later than [April 1] June 1 of each
year, the Secretary of Transportation shall submit to Congress
a report on activities carried out under this subchapter during
the prior fiscal year. The report shall include--
[(1) a detailed statement of airport development
completed;
[(2) the status of each project undertaken;
[(3) the allocation of appropriations;
[(4) an itemized statement of expenditures and
receipts; and]
(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
* * * * * * *
Sec. 47133. Restriction on use of revenues
(a) * * *
(b) Exceptions.--[Subsection (a) shall not apply if]
(1) Prior laws and agreements.--Subsection (a) shall
not apply if a provision enacted not later than
September 2, 1982, in a law controlling financing by
the airport owner or operator, or a covenant or
assurance in a debt obligation issued not later than
September 2, 1982, by the owner or operator, provides
that the revenues, including local taxes on aviation
fuel at public airports, from any of the facilities of
the owner or operator, including the airport, be used
to support not only the airport but also the general
debt obligations or other facilities of the owner or
operator.
(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.
* * * * * * *
Sec. 47134. Pilot program on private ownership of airports
(a) * * *
(b) Approval of Applications.--The Secretary may approve,
with respect to not more than [5 airports] 10 airports,
applications submitted under subsection (a) granting exemptions
from the following provisions:
(1) Use of revenues.--
[(A) In general.--The Secretary may grant an
exemption to a sponsor from the provisions of
sections 47107(b) and 47133 of this title (and
any other law, regulation, or grant assurance)
to the extent necessary to permit the sponsor
to recover from the sale or lease of the
airport such amount as may be approved--
[(i) in the case of a primary
airport, by at least 65 percent of the
scheduled air carriers serving the
airport and by scheduled and
nonscheduled air carriers whose
aircraft landing at the airport during
the preceding calendar year, had a
total landed weight during the
preceding calendar year of at least 65
percent of the total landed weight of
all aircraft landing at the airport
during such year; or
[(ii) in the case of a nonprimary
airport, by the Secretary after the
airport has consulted with at least 65
percent of the owners of aircraft based
at that airport, as determined by the
Secretary;]
(A) In general.--The Secretary may grant an
exemption to an airport sponsor from the
requirements of sections 47107(b) and 47133
(and any other law, regulation, or grant
assurance) to the extent necessary to permit
the sponsor to recover from the sale or lease
of the airport such amount as may be approved
by the Secretary after the sponsor has
consulted--
(i) in the case of a primary airport,
with each air carrier and foreign air
carrier serving the airport, as
determined by the Secretary; and
(ii) in the case of a nonprimary
airport, with at least 65 percent of
the owners of aircraft based at that
airport, as determined by the
Secretary.
* * * * * * *
[(C) Landed weight defined.--In this
paragraph, the term ``landed weight'' means the
weight of aircraft transporting passengers or
cargo, or both, in intrastate, interstate, and
foreign air transportation, as the Secretary
determines under regulations the Secretary
prescribes.]
* * * * * * *
(c) Terms and Conditions.--The Secretary may approve an
application under subsection (b) only if the Secretary finds
that the sale or lease agreement includes provisions
satisfactory to the Secretary to ensure the following:
(1) * * *
* * * * * * *
[(4) Every fee of the airport imposed on an air
carrier on the day before the date of the lease of the
airport will not increase faster than the rate of
inflation unless a higher amount is approved--
[(A) by at least 65 percent of the air
carriers serving the airport; and
[(B) by air carriers whose aircraft landing
at the airport during the preceding calendar
year had a total landed weight during the
preceding calendar year of at least 65 percent
of the total landed weight of all aircraft
landing at the airport during such year.
[(5) The percentage increase in fees imposed on
general aviation aircraft at the airport will not
exceed the percentage increase in fees imposed on air
carriers at the airport.]
[(6)] (4) Safety and security at the airport will be
maintained at the highest possible levels.
[(7)] (5) The adverse effects of noise from
operations at the airport will be mitigated to the same
extent as at a public airport.
[(8)] (6) Any adverse effects on the environment from
airport operations will be mitigated to the same extent
as at a public airport.
[(9) Any collective bargaining agreement that covers
employees of the airport and is in effect on the date
of the sale or lease of the airport will not be
abrogated by the sale or lease.]
(7) A fee imposed by the airport on an air carrier or
foreign air carrier may not include any portion for a
return on investment or recovery of principal with
respect to consideration paid to a public agency for
the lease or sale of the airport unless that portion of
the fee is approved by the air carrier or foreign air
carrier.
[(d) Participation of Certain Airports.--
[(1) General aviation airports.--If the Secretary
approves under subsection (b) applications with respect
to 5 airports, one of the airports must be a general
aviation airport.
[(2) Large hub airports.--The Secretary may not
approve under subsection (b) more than 1 application
submitted by an airport that had 1 percent or more of
the total passenger boardings (as defined in section
47102) in the United States in the preceding calendar
year.]
[(e)] (d) Required Finding That Approval Will Not Result in
Unfair Methods of Competition.--The Secretary may approve an
application under subsection (b) only if the Secretary finds
that the approval will not result in unfair and deceptive
practices or unfair methods of competition.
[(f)] (e) Interests of General Aviation Users.--In approving
an application of an airport under this section, the Secretary
shall ensure that the interests of general aviation users of
the airport are not adversely affected.
[(g)] (f) Passenger Facility Fees; Apportionments; Service
Charges.--Notwithstanding that the sponsor of an airport
receiving an exemption under subsection (b) is not a public
agency, the sponsor shall not be prohibited from--
(1) imposing a passenger facility [fee] charge under
section 40117 of this title;
* * * * * * *
[(h)] (g) Effectiveness of Exemptions.--An exemption granted
under subsection (b) shall continue in effect only so long as
the facilities sold or leased continue to be used for airport
purposes.
[(i)] (h) Revocation of Exemptions.--The Secretary may revoke
an exemption issued to a purchaser or lessee of an airport
under subsection (b)(3) if, after providing the purchaser or
lessee with notice and an opportunity to be heard, the
Secretary determines that the purchaser or lessee has knowingly
violated any of the terms specified in subsection (c) for the
sale or lease of the airport.
[(j)] (i) Nonapplication of Provisions to Airports Owned by
Public Agencies.--The provisions of this section requiring the
approval of air carriers in determinations concerning the use
of revenues, and imposition of fees, at an airport shall not be
extended so as to apply to any airport owned by a public agency
that is not participating in the program established by this
section.
[(k)] (j) Audits.--The Secretary may conduct periodic audits
of the financial records and operations of an airport receiving
an exemption under this section.
[(l)] (k) Report.--Not later than 2 years after the date of
the initial approval of an application under this section, the
Secretary 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 implementation of the program under this
section.
[(m)] (l) General Aviation Airport Defined.--In this section,
the term ``general aviation airport'' means an airport that is
not a commercial service airport.
Sec. 47139. Emission credits for air quality projects
(a) In General.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation, shall issue guidance on how to ensure that
airport sponsors receive appropriate emission reduction credits
for carrying out projects described in sections 40117(a)(3)(G),
[47102(3)(F),] 47102(3)(K), and 47102(3)(L). Such guidance
shall include, at a minimum, the following conditions:
(1) * * *
* * * * * * *
(b) Assurance of Receipt of Credits.--As a condition for
making a grant for a project described in section
[47102(3)(F),] 47102(3)(K), 47102(3)(L), or 47140 or as a
condition for granting approval to collect or use a passenger
facility [fee] charge for a project described in section
40117(a)(3)(G), [47103(3)(F),] 47102(3)(K), 47102(3)(L), or
47140, the Secretary must receive assurance from the State in
which the project is located, or from the Administrator of the
Environmental Protection Agency where there is a Federal
implementation plan, that the airport sponsor will receive
appropriate emission credits in accordance with the conditions
of this section.
* * * * * * *
Sec. 47141. Compatible land use planning and projects by State and
local governments
(a) * * *
* * * * * * *
(f) Sunset.--This section shall not be in effect after [March
31, 2011] September 30, 2014.
SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS
Sec. 47151. Authority to transfer an interest in surplus property
(a) * * *
* * * * * * *
(e) Requests by Public Agencies.--Except with respect to a
request made by another department, agency, or instrumentality
of the executive branch of the United States Government, such a
department, agency, or instrumentality shall give priority
consideration to a request made by a public agency (as defined
in section 47102) for surplus property described in subsection
(a) [(other than real property that is subject to section 2687
of title 10, section 201 of the Defense Authorization
Amendments and Base Closure and Realignment Act (10 U.S.C. 2687
note), or section 2905 of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note))] for use at a
public airport.
* * * * * * *
SUBCHAPTER III--AVIATION DEVELOPMENT STREAMLINING
Sec. 47171. Expedited, coordinated environmental review process
(a) Aviation Project Review Process.--The Secretary of
Transportation shall develop and implement an expedited and
coordinated environmental review process for airport capacity
enhancement projects at congested airports, aviation safety
projects, [and aviation security projects] aviation security
projects, and NextGen environmental efficiency projects that--
(1) * * *
* * * * * * *
(b) Aviation Projects Subject to a Streamlined Environmental
Review Process.--
[(1) Airport capacity enhancement projects at
congested airports.--An airport capacity enhancement
project at a congested airport shall be subject to the
coordinated and expedited environmental review process
requirements set forth in this section.]
(1) Airport capacity enhancement projects at
congested airports and certain nextgen environmental
efficiency projects.--The following projects shall be
subject to the coordinated and expedited environmental
review process requirements set forth in this section:
(A) An airport capacity enhancement project
at a congested airport.
(B) A NextGen environmental efficiency
project at an Operational Evolution Partnership
airport or any congested airport.
(2) Aviation safety [and aviation security projects]
projects, aviation security projects, and any NextGen
environmental efficiency projects.--
(A) In general.--The Administrator of the
Federal Aviation Administration may designate
an aviation safety project [or aviation
security project], an aviation security
project, or any NextGen environmental
efficiency project for priority environmental
review. The Administrator may not delegate this
designation authority. A designated project
shall be subject to the coordinated and
expedited environmental review process
requirements set forth in this section.
(B) Project designation criteria.--The
Administrator shall establish guidelines for
the designation of an aviation safety project
[or aviation security project], aviation
security project, or NextGen environmental
efficiency project for priority environmental
review. Such guidelines shall provide for
consideration of--
(i) * * *
* * * * * * *
(c) High Priority of and Agency Participation in Coordinated
Reviews.--
(1) High priority for environmental reviews.--Each
Federal agency with jurisdiction over an environmental
review, analysis, opinion, permit, license, or approval
shall accord any such review, analysis, opinion,
permit, license, or approval involving [an airport
capacity enhancement project at a congested airport] a
project described in subsection (b)(1) or a project
designated under subsection (b)(2) the highest possible
priority and conduct the review, analysis, opinion,
permit, license, or approval expeditiously.
* * * * * * *
(d) Identification of Jurisdictional Agencies.--With respect
to [each airport capacity enhancement project at a congested
airport] a project described in subsection (b)(1) or a project
designated under subsection (b)(2), the Secretary shall
identify, as soon as practicable, all Federal and State
agencies that may have jurisdiction over environmental-related
matters that may be affected by the project or may be required
by law to conduct an environmental-related review or analysis
of the project or determine whether to issue an environmental-
related permit, license, or approval for the project.
* * * * * * *
(h) Lead Agency Responsibility.--The Federal Aviation
Administration shall be the lead agency for projects designated
under subsection (b)(2) and [airport capacity enhancement
projects at congested airports] projects described in
subsection (b)(1) and shall be responsible for defining the
scope and content of the environmental impact statement,
consistent with regulations issued by the Council on
Environmental Quality. Any other Federal agency or State agency
that is participating in a coordinated environmental review
process under this section shall give substantial deference, to
the extent consistent with applicable law and policy, to the
aviation expertise of the Federal Aviation Administration.
* * * * * * *
(k) Alternatives Analysis.--The Secretary shall determine the
reasonable alternatives to [an airport capacity enhancement
project at a congested airport] a project described in
subsection (b)(1) or a project designated under subsection
(b)(2). Any other Federal agency, or State agency that is
participating in a coordinated review process under this
section with respect to the project shall consider only those
alternatives to the project that the Secretary has determined
are reasonable.
* * * * * * *
(n) Definitions.--In this section, the following definitions
apply:
(1) Congested airport.--The term ``congested
airport'' means an airport that accounted for at least
one percent of all delayed aircraft operations in the
United States in the most recent year for which data is
available and an airport listed in table 1 of the
Federal Aviation Administration's Airport Capacity
Benchmark Report 2004.
(2) Nextgen environmental efficiency project.--The
term ``NextGen environmental efficiency project'' means
a Next Generation Air Transportation System aviation
project that--
(A) develops and certifies performance-based
navigation procedures; or
(B) develops other environmental mitigation
projects the Secretary may designate as
facilitating a reduction in noise, fuel
consumption, or emissions from air traffic
operations.
(3) Performance-based navigation.--The term
``performance-based navigation'' means a framework for
defining performance requirements in navigation
specifications that--
(A) can be applied to an air traffic route,
instrument procedure, or defined airspace; or
(B) provides a basis for the design and
implementation of automated flight paths,
airspace design, and obstacle clearance.
Sec. 47173. Airport funding of FAA staff
(a) Acceptance of Sponsor-Provided Funds.--Notwithstanding
any other provision of law, the Administrator of the Federal
Aviation Administration may accept funds from an airport
sponsor, including funds provided to the sponsor under section
47114(c), 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 an airport development project.] services of consultants--
(1) to facilitate the timely processing, review, and
completion of environmental activities associated with
an airport development project;
(2) to conduct special environmental studies related
to an airport project funded with Federal funds;
(3) to conduct special studies or reviews to support
approved noise compatibility measures described in part
150 of title 14, Code of Federal Regulations;
(4) to conduct special studies or reviews to support
environmental mitigation in a record of decision or
finding of no significant impact by the Federal
Aviation Administration; and
(5) to facilitate the timely processing, review, and
completion of environmental activities associated with
new or amended flight procedures, including
performance-based navigation procedures, such as
required navigation performance procedures and area
navigation procedures.
* * * * * * *
Sec. 47175. Definitions
In this subchapter, the following definitions apply:
(1) * * *
(2) Congested airport.--The term ``congested
airport'' means an airport that accounted for at least
1 percent of all delayed aircraft operations in the
United States in the most recent year for which such
data is available and an airport listed in table 1 of
the Federal Aviation Administration's Airport Capacity
Benchmark Report [2001] 2004 or any successor report.
* * * * * * *
(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.
* * * * * * *
CHAPTER 475--NOISE
SUBCHAPTER I--NOISE ABATEMENT
Sec.
47501. Definitions.
* * * * * * *
SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY
* * * * * * *
[47531. Penalties for violating sections 47528-47530.]
47531. Penalties.
* * * * * * *
47534. Prohibition on operating certain aircraft weighing 75,000 pounds
or less not complying with stage 3 noise levels.
* * * * * * *
SUBCHAPTER I--NOISE ABATEMENT
* * * * * * *
Sec. 47504. Noise compatibility programs
(a) Submissions.--(1) * * *
(2) A program submitted under paragraph (1) of this
subsection shall state the measures the operator has taken or
proposes to take to reduce existing noncompatible uses and
prevent introducing additional noncompatible uses in the area
covered by the map. The measures may include--
(A) * * *
* * * * * * *
(D) using flight procedures to control the operation
of aircraft to reduce exposure of individuals to noise
in the area surrounding the airport; [and]
(E) acquiring land, air rights, easements,
development rights, and other interests to ensure that
the property will be used in ways compatible with
airport [operations.] operations; and
(F) conducting comprehensive land use planning
(including master plans, traffic studies, environmental
evaluation, and economic and feasibility studies),
jointly with neighboring local jurisdictions
undertaking community redevelopment in an area in which
land or other property interests have been acquired by
the operator pursuant to this section, to encourage and
enhance redevelopment opportunities that reflect zoning
and uses that will prevent the introduction of
additional incompatible uses and enhance redevelopment
potential.
* * * * * * *
(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.
(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.
* * * * * * *
SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY
* * * * * * *
Sec. 47524. Airport noise and access restriction review program
(a) * * *
* * * * * * *
(e) Grant Limitations.--Beginning on the 91st day after the
Secretary prescribes a regulation under subsection (a) of this
section, a sponsor of a facility operating under an airport
noise or access restriction on the operation of stage 3
aircraft that first became effective after October 1, 1990, is
eligible for a grant under section 47104 of this title and is
eligible to impose a passenger facility [fee] charge under
section 40117 of this title only if the restriction has been--
(1) * * *
* * * * * * *
Sec. 47526. Limitations for noncomplying airport noise and access
restrictions
Unless the Secretary of Transportation is satisfied that an
airport is not imposing an airport noise or access restriction
not in compliance with this subchapter, the airport may not--
(1) * * *
(2) impose a passenger facility [fee] charge under
section 40117 of this title.
* * * * * * *
Sec. 47531. Penalties [for violating sections 47528-47530]
A person violating section 47528, [47529, or 47530] 47529,
47530, or 47534 of this title or a regulation prescribed under
any of those sections is subject to the same civil penalties
and procedures under chapter 463 of this title as a person
violating section 44701(a) or (b) or any of sections 44702-
44716 of this title.
Sec. 47532. Judicial review
An action taken by the Secretary of Transportation under any
of sections 47528-47531 or 47534 of this title is subject to
judicial review as provided under section 46110 of this title.
* * * * * * *
Sec. 47534. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise
levels
(a) Prohibition.--Except as otherwise provided by this
section, after December 31, 2014, a person may not operate a
civil subsonic jet airplane with a maximum weight of 75,000
pounds or less, and for which an airworthiness certificate
(other than an experimental certificate) has been issued, to or
from an airport in the United States unless the Secretary of
Transportation finds that the aircraft complies with stage 3
noise levels.
(b) Aircraft Operations Outside 48 Contiguous States.--
Subsection (a) shall not apply to aircraft operated only
outside the 48 contiguous States.
(c) Temporary Operations.--The Secretary may allow temporary
operation of an aircraft otherwise prohibited from operation
under subsection (a) to or from an airport in the contiguous
United States by granting a special flight authorization for
one or more of the following circumstances:
(1) To sell, lease, or use the aircraft outside the
48 contiguous States.
(2) To scrap the aircraft.
(3) To obtain modifications to the aircraft to meet
stage 3 noise levels.
(4) To perform scheduled heavy maintenance or
significant modifications on the aircraft at a
maintenance facility located in the contiguous 48
States.
(5) To deliver the aircraft to an operator leasing
the aircraft from the owner or return the aircraft to
the lessor.
(6) To prepare, park, or store the aircraft in
anticipation of any of the activities described in
paragraphs (1) through (5).
(7) To provide transport of persons and goods in the
relief of an emergency situation.
(8) To divert the aircraft to an alternative airport
in the 48 contiguous States on account of weather,
mechanical, fuel, air traffic control, or other safety
reasons while conducting a flight in order to perform
any of the activities described in paragraphs (1)
through (7).
(d) Regulations.--The Secretary may prescribe such
regulations or other guidance as may be necessary for the
implementation of this section.
(e) Statutory Construction.--
(1) Aip grant assurances.--Noncompliance with
subsection (a) shall not be construed as a violation of
section 47107 or any regulations prescribed thereunder.
(2) Pending applications.--Nothing in this section
may be construed as interfering with, nullifying, or
otherwise affecting determinations made by the Federal
Aviation Administration, or to be made by the
Administration, with respect to applications under part
161 of title 14, Code of Federal Regulations, that were
pending on the date of enactment of this section.
* * * * * * *
PART C--FINANCING
* * * * * * *
CHAPTER 481--AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS
Sec.
48101. Air navigation facilities and equipment.
* * * * * * *
[48105. Weather reporting services.]
48105. Airport programs administrative expenses.
* * * * * * *
Sec. 48101. Air navigation facilities and equipment
(a) General Authorization of Appropriations.--Not more than a
total of the following amounts may be appropriated to the
Secretary of Transportation out of the Airport and Airway Trust
Fund established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502) to acquire, establish, and
improve air navigation facilities under section 44502(a)(1)(A)
of this title:
[(1) $3,138,000,000 for fiscal year 2004;
[(2) $2,993,000,000 for fiscal year 2005;
[(3) $3,053,000,000 for fiscal year 2006;
[(4) $3,110,000,000 for fiscal year 2007;
[(5) $2,742,095,000 for fiscal year 2009; and
[(6) $2,936,203,000 for fiscal year 2010.]
(1) $2,700,000,000 for fiscal year 2011.
(2) $2,600,000,000 for fiscal year 2012.
(3) $2,600,000,000 for fiscal year 2013.
(4) $2,600,000,000 for fiscal year 2014.
* * * * * * *
[(c) Enhanced Safety and Security for Aircraft Operations in
the Gulf of Mexico.--Of amounts appropriated under subsection
(a), such sums as may be necessary for fiscal years 2004
through 2007 may be used to expand and improve the safety,
efficiency, and security of air traffic control, navigation,
low altitude communications and surveillance, and weather
services in the Gulf of Mexico.
[(d) Operational Benefits of Wake Vortex Advisory System.--Of
amounts appropriated under subsection (a), such sums as may be
necessary for each of fiscal years 2004 through 2007 may be
used for the development and analysis of wake vortex advisory
systems.
[(e) Ground-Based Precision Navigational Aids.--Of amounts
appropriated under subsection (a), such sums as may be
necessary for each of fiscal years 2004 to 2007 may be used to
establish a program for the installation of a precision
approach aid designed to improve aircraft accessibility at
mountainous airports with limited land if the approach aid is
able to provide curved and segmented approach guidance for
noise abatement purposes and other such approach aids and is
certified or approved by the Administrator.]
[(f)] (c) Automated Surface Observation System/Automated
Weather Observing System Upgrade.--Of the amounts appropriated
under subsection (a), such sums as may be necessary may be used
for the implementation and use of upgrades to the current
automated surface observation system/automated weather
observing system, if the upgrade is successfully demonstrated.
[(g)] (d) Life-Cycle Cost Estimates.--The Administrator of
the Federal Aviation Administration shall establish life-cycle
cost estimates for any air traffic control modernization
project the total life-cycle costs of which equal or exceed
$50,000,000.
[(h) Standby Power Efficiency Program.--Of amounts
appropriated under subsection (a), such sums as may be
necessary for each of fiscal years 2004 through 2007 may be
used by the Secretary of Transportation, in cooperation with
the Secretary of Energy and, where applicable, the Secretary of
Defense, to establish a program to improve the efficiency, cost
effectiveness, and environmental performance of standby power
systems at Federal Aviation Administration sites, including the
implementation of fuel cell technology.
[(i) Pilot Program To Provide Incentives for Development of
New Technologies.--Of amounts appropriated under subsection
(a), $500,000 for fiscal year 2004 may be used for the conduct
of a pilot program to provide operating incentives to users of
the airspace for the deployment of new technologies, including
technologies to facilitate expedited flight routing and
sequencing of takeoffs and landings.]
* * * * * * *
[Sec. 48103. Airport planning and development and noise compatibility
planning and programs
The total amounts which shall be available after September
30, 2003, to the Secretary of Transportation out of the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants
for airport planning and airport development under section
47104 of this title, airport noise compatibility planning under
section 47505(a)(2) of this title, and carrying out noise
compatibility programs under section 47504(c) of this title
shall be--
[(1) $3,400,000,000 for fiscal year 2004;
[(2) $3,500,000,000 for fiscal year 2005;
[(3) $3,600,000,000 for fiscal year 2006;
[(4) $3,700,000,000 for fiscal year 2007;
[(5) $3,675,000,000 for fiscal year 2008;
[(6) $3,900,000,000 for fiscal year 2009;
[(7) $3,515,000,000 for fiscal year 2010; and
[(8) $1,850,000,000 for the 6-month period
beginning on October 1, 2010.
[(8) $925,000,000 for the 3-month period beginning
on October 1, 2010.
Such sums shall remain available until expended.]
Sec. 48103. Airport planning and development and noise compatibility
planning and programs
(a) In General.--There shall be available to the Secretary of
Transportation out of the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue Code of
1986 to make grants for airport planning and airport
development under section 47104, airport noise compatibility
planning under section 47505(a)(2), and carrying out noise
compatibility programs under section 47504(c)--
(1) $3,176,000,000 for fiscal year 2011;
(2) $3,000,000,000 for fiscal year 2012;
(3) $3,000,000,000 for fiscal year 2013; and
(4) $3,000,000,000 for fiscal year 2014.
(b) Availability of Amounts.--Amounts made available under
subsection (a) shall remain available until expended.
(c) Limitation.--Amounts made available under subsection (a)
may not be used for carrying out the Airport Cooperative
Research Program or the Airports Technology Research Program.
* * * * * * *
[Sec. 48105. Weather reporting services
[To reimburse the Secretary of Commerce for the cost incurred
by the National Oceanic and Atmospheric Administration of
providing weather reporting services to the Federal Aviation
Administration, the Secretary of Transportation may expend from
amounts available under section 48104 of this title not more
than the following amounts:
[(1) for the fiscal year ending September 30, 1993,
$35,596,000.
[(2) for the fiscal year ending September 30, 1994,
$37,800,000.
[(3) for the fiscal year ending September 30, 1995,
$39,000,000.]
Sec. 48105. Airport programs administrative expenses
(a) In General.--Of the funds made available under section
48103, the following amounts may be available for
administrative expenses of the Federal Aviation Administration
described in subsection (b):
(1) $85,987,000 for fiscal year 2011.
(2) $80,676,000 for fiscal year 2012.
(3) $80,676,000 for fiscal year 2013.
(4) $80,676,000 for fiscal year 2014.
(b) Eligible Administrative Expenses.--Amounts made available
under subsection (a) may be used for administrative expenses
relating to the airport improvement program, passenger facility
charge approval and oversight, national airport system
planning, airport standards development and enforcement,
airport certification, airport-related environmental activities
(including legal services), and other airport-related
activities.
(c) Availability of Amounts.--Amounts made available under
subsection (a) shall remain available until expended.
* * * * * * *
Sec. 48114. Funding for aviation programs
(a) Authorization of Appropriations.--
(1) Airport and airway trust fund guarantee.--
[(A) In general.--The total budget resources
made available from the Airport and Airway
Trust Fund each fiscal year through fiscal year
2007 pursuant to sections 48101, 48102, 48103,
and 106(k) of title 49, United States Code,
shall be equal to the level of receipts plus
interest credited to the Airport and Airway
Trust Fund for that fiscal year. Such amounts
may be used only for aviation investment
programs listed in subsection (b).]
(A) In general.--The total budget resources
made available from the Airport and Airway
Trust Fund each fiscal year pursuant to
sections 48101, 48102, 48103, and 106(k)
shall--
(i) in fiscal year 2011, be equal to
90 percent of the estimated level of
receipts plus interest credited to the
Airport and Airway Trust Fund for that
fiscal year; and
(ii) in fiscal year 2012 and each
fiscal year thereafter, be equal to the
sum of--
(I) 90 percent of the
estimated level of receipts
plus interest credited to the
Airport and Airway Trust Fund
for that fiscal year; and
(II) the actual level of
receipts plus interest credited
to the Airport and Airway Trust
Fund for the second preceding
fiscal year minus the total
amount made available for
obligation from the Airport and
Airway Trust Fund for the
second preceding fiscal year.
Such amounts may be used only for aviation
investment programs listed in subsection (b).
* * * * * * *
(2) Additional authorizations of appropriations from
the general fund.--In any fiscal year through fiscal
year [2007] 2014, if the amount described in paragraph
(1) is appropriated, there is further authorized to be
appropriated from the general fund of the Treasury such
sums as may be necessary for the Federal Aviation
Administration Operations account.
(b) Definitions.--In this section, the following definitions
apply:
(1) * * *
(2) [Level] Estimated level of receipts plus
interest.--The term ``[level of receipts plus interest]
estimated level of receipts plus interest'' means the
level of excise taxes and interest credited to the
Airport and Airway Trust Fund under section 9502 of the
Internal Revenue Code of 1986 for a fiscal year as set
forth in the President's budget baseline projection as
defined in section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-
177) (Treasury identification code 20-8103-0-7-402) for
that fiscal year submitted pursuant to section 1105 of
title 31, United States Code.
(c) Enforcement of Guarantees.--
(1) * * *
(2) Capital priority.--It shall not be in order in
the House of Representatives or the Senate to consider
any bill, joint resolution, amendment, motion, or
conference report that provides an appropriation (or
any amendment thereto) for any fiscal year through
fiscal year [2007] 2014 for Research and Development or
Operations if the sum of the obligation limitation for
Grants-in-Aid for Airports and the appropriation for
Facilities and Equipment for such fiscal year is below
the sum of the authorized levels for Grants-in-Aid for
Airports and for Facilities and Equipment for such
fiscal year.
* * * * * * *
CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS
Sec.
49101. Findings.
* * * * * * *
[49108. Limitations.]
* * * * * * *
[Sec. 49108. Limitations
After March 31, 2011, the Secretary of Transportation may not
approve an application of the Metropolitan Washington Airports
Authority--
[(1) for an airport development project grant under
subchapter I of chapter 471 of this title; or
[(2) to impose a passenger facility fee under section
40117 of this title.]
* * * * * * *
----------
VISION 100--CENTURY OF AVIATION REAUTHORIZATION ACT
* * * * * * *
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
* * * * * * *
Subtitle D--Miscellaneous
* * * * * * *
SEC. 186. MIDWAY ISLAND AIRPORT.
(a) * * *
* * * * * * *
(d) Funding to Secretary of the Interior for Midway Island
Airport.--The Secretary of Transportation may enter into a
reimbursable agreement with the Secretary of the Interior for
the purpose of funding airport development, as defined in
section 47102(3) of title 49, United States Code, at Midway
Island Airport for fiscal years ending before [October 1, 2010,
and for the portion of fiscal year 2011 ending before April 1,
2011,] October 1, 2014, from amounts available in the
discretionary fund established by section 47115 of such title.
The maximum obligation under the agreement for any such fiscal
year shall be $2,500,000.
* * * * * * *
TITLE VII--AVIATION RESEARCH
* * * * * * *
SEC. 709. AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT
OFFICE.
(a) Establishment.--(1) * * *
(2) The head of the Office shall be the Associate
Administrator for Next Generation Air Transportation System
Planning, Development, and Interagency Coordination, who shall
be appointed by the Administrator of the Federal Aviation
Administration. The Administrator shall appoint the Associate
Administrator after consulting with the Chairman of the Next
Generation Senior Policy Committee and providing advanced
notice to the other members of that Committee.
[(2)] (3) The responsibilities of the Office shall include--
(A) * * *
* * * * * * *
(G) facilitating the transfer of technology from
research programs such as the National Aeronautics and
Space Administration program and the Department of
Defense Advanced Research Projects Agency program to
Federal agencies with operational responsibilities and
to the private sector[; and];
(H) reviewing activities relating to noise,
emissions, fuel consumption, and safety conducted by
Federal agencies, including the Federal Aviation
Administration, the National Aeronautics and Space
Administration, the Department of Commerce, and the
Department of Defense[.];
(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)] (4)(A) The Office shall operate in conjunction with
relevant programs in the Department of Defense, the National
Aeronautics and Space Administration, the Department of
Commerce and the Department of Homeland Security. The Secretary
of Transportation may request assistance from staff from those
Departments and other Federal agencies.
(B) The Secretary of Defense, the Administrator of the
National Aeronautics and Space Administration, the Secretary of
Commerce, the Secretary of Homeland Security, and the head of
any other Federal agency from which the Secretary of
Transportation requests assistance under subparagraph (A) shall
designate a senior official in the agency to be responsible
for--
(i) carrying out the activities of the agency
relating to the Next Generation Air Transportation
System in coordination with the Office, including the
execution of all aspects of the work of the agency in
developing and implementing the integrated work plan
described in subsection (b)(5);
(ii) serving as a liaison for the agency in
activities of the agency relating to the Next
Generation Air Transportation System and coordinating
with other Federal agencies involved in activities
relating to the System; and
(iii) ensuring that the agency meets its
obligations as set forth in any memorandum of
understanding executed by or on behalf of the agency
relating to the Next Generation Air Transportation
System.
(C) The head of a Federal agency referred to in
subparagraph (B) shall--
(i) ensure that the responsibilities of the agency
relating to the Next Generation Air Transportation
System are clearly communicated to the senior official
of the agency designated under subparagraph (B);
(ii) ensure that the performance of the senior
official in carrying out the responsibilities of the
agency relating to the Next Generation Air
Transportation System is reflected in the official's
annual performance evaluations and compensation;
(iii) establish or designate an office within the
agency to carry out its responsibilities under the
memorandum of understanding under the supervision of
the designated official; and
(iv) ensure that the designated official has
sufficient budgetary authority and staff resources to
carry out the agency's Next Generation Air
Transportation System responsibilities as set forth in
the integrated plan under subsection (b).
(D) Not later than 6 months after the date of enactment of
this subparagraph, the head of each Federal agency that has
responsibility for carrying out any activity under the
integrated plan under subsection (b) shall execute a memorandum
of understanding with the Office obligating that agency to
carry out the activity.
[(4)] (5) In developing and carrying out its plans, the
Office shall consult with the public and ensure the
participation of experts from the private sector including
representatives of commercial aviation, general aviation,
aviation labor groups, aviation research and development
entities, aircraft and air traffic control suppliers, and the
space industry.
(6)(A) The Office shall work with the Director of the Office
of Management and Budget to develop a process whereby the
Director will identify projects related to the Next Generation
Air Transportation System across the agencies referred to in
paragraph (4)(A) and consider the Next Generation Air
Transportation System as a unified, cross-agency program.
(B) The Director of the Office of Management and Budget, to
the extent practicable, shall--
(i) ensure that--
(I) each Federal agency covered by the plan
has sufficient funds requested in the
President's budget, as submitted under section
1105(a) of title 31, United States Code, for
each fiscal year covered by the plan to carry
out its responsibilities under the plan; and
(II) the development and implementation of
the Next Generation Air Transportation System
remains on schedule;
(ii) include, in the President's budget, a statement
of the portion of the estimated budget of each Federal
agency covered by the plan that relates to the
activities of the agency under the Next Generation Air
Transportation System; and
(iii) identify and justify as part of the President's
budget submission any inconsistencies between the plan
and amounts requested in the budget.
(7) The Associate Administrator of the Next Generation Air
Transportation System Planning, Development, and Interagency
Coordination shall be a voting member of the Joint Resources
Council of the Federal Aviation Administration.
(b) Integrated Plan.--The integrated plan shall be designed
to ensure that the Next Generation Air Transportation System
[meets air] meets anticipated future air transportation safety,
security, mobility, efficiency, and capacity needs [beyond
those currently included in the Federal Aviation
Administration's operational evolution plan] and accomplishes
the goals under subsection (c). The integrated plan shall
include--
(1) * * *
* * * * * * *
(3) a multiagency research and development roadmap
for creating the Next Generation Air Transportation
System with the characteristics outlined under clause
(ii), including--
(A) * * *
* * * * * * *
(C) the technical milestones that will be
used to evaluate the activities; [and]
(4) a description of the operational concepts to meet
the system performance requirements for all system
users and a timeline and anticipated expenditures
needed to develop and deploy the system to meet the
vision for 2025[.]; and
(5) a multiagency integrated work plan for the Next
Generation Air Transportation System that includes--
(A) an outline of the activities required to
achieve the end-state architecture, as
expressed in the concept of operations and
enterprise architecture documents, that
identifies each Federal agency or other entity
responsible for each activity in the outline;
(B) details on a year-by-year basis of
specific accomplishments, activities, research
requirements, rulemakings, policy decisions,
and other milestones of progress for each
Federal agency or entity conducting activities
relating to the Next Generation Air
Transportation System;
(C) for each element of the Next Generation
Air Transportation System, an outline, on a
year-by-year basis, of what is to be
accomplished in that year toward meeting the
Next Generation Air Transportation System's
end-state architecture, as expressed in the
concept of operations and enterprise
architecture documents, as well as identifying
each Federal agency or other entity that will
be responsible for each component of any
research, development, or implementation
program;
(D) an estimate of all necessary expenditures
on a year-by-year basis, including a statement
of each Federal agency or entity's
responsibility for costs and available
resources, for each stage of development from
the basic research stage through the
demonstration and implementation phase;
(E) a clear explanation of how each step in
the development of the Next Generation Air
Transportation System will lead to the
following step and of the implications of not
successfully completing a step in the time
period described in the integrated work plan;
(F) a transition plan for the implementation
of the Next Generation Air Transportation
System that includes date-specific milestones
for the implementation of new capabilities into
the national airspace system;
(G) date-specific timetables for meeting the
environmental goals identified in subsection
(a)(3)(I); and
(H) a description of potentially significant
operational or workforce changes resulting from
deployment of the Next Generation Air
Transportation System.
* * * * * * *
[(d) Reports.--The Administrator of the Federal Aviation
Administration shall transmit to the Committee on Commerce,
Science, and Transportation in the Senate and the Committee on
Transportation and Infrastructure and the Committee on Science
in the House of Representatives--
[(1) not later than 1 year after the date of
enactment of this Act, the integrated plan required in
subsection (b); and
[(2) annually at the time of the President's budget
request, a report describing the progress in carrying
out the plan required under subsection (b) and any
changes to that plan.]
(d) Nextgen Implementation Plan.--The Administrator shall
develop and publish annually the document known as the NextGen
Implementation Plan, or any successor document, that provides a
detailed description of how the agency is implementing the Next
Generation Air Transportation System.
* * * * * * *
SEC. 710. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.
(a) In General.--The Secretary of Transportation shall
establish a senior policy committee to work with the Next
Generation Air Transportation System Joint Planning and
Development Office. The senior policy committee shall be
chaired by the Secretary and shall meet at least twice each
year.
* * * * * * *
(e) Annual Report.--
(1) Submission to congress.--Not later than one year
after the date of enactment of this subsection, and
annually thereafter on the date of submission of the
President's budget request to Congress under section
1105(a) of title 31, United States Code, the Secretary
shall submit to Congress a report summarizing the
progress made in carrying out the integrated work plan
required by section 709(b)(5) and any changes in that
plan.
(2) Contents.--The report shall include--
(A) a copy of the updated integrated work
plan;
(B) a description of the progress made in
carrying out the integrated work plan and any
changes in that plan, including any changes
based on funding shortfalls and limitations set
by the Office of Management and Budget;
(C) a detailed description of--
(i) the success or failure of each
item of the integrated work plan for
the previous year and relevant
information as to why any milestone was
not met; and
(ii) the impact of not meeting the
milestone and what actions will be
taken in the future to account for the
failure to complete the milestone;
(D) an explanation of any change to future
years in the integrated work plan and the
reasons for such change; and
(E) an identification of the levels of
funding for each agency participating in the
integrated work plan devoted to programs and
activities under the plan for the previous
fiscal year and in the President's budget
request.
* * * * * * *
----------
RAILWAY LABOR ACT
TITLE I--DEFINITIONS
* * * * * * *
AUTHORITY OF INSPECTOR GENERAL
Sec. 15. (a) In General.--The Inspector General of the
Department of Transportation, in accordance with the mission of
the Inspector General to prevent and detect fraud and abuse, is
authorized to review the financial management, property
management, and business operations of the Mediation Board,
including internal accounting and administrative control
systems, to determine compliance with applicable Federal laws,
rules, and regulations.
(b) Duties.--In carrying out this section, the Inspector
General shall--
(1) keep the chairman of the Mediation Board and
Congress fully and currently informed about problems
relating to administration of the internal accounting
and administrative control systems of the Mediation
Board;
(2) issue findings and recommendations for actions to
address such problems; and
(3) report periodically to Congress on any progress
made in implementing actions to address such problems.
(c) Access to Information.--In carrying out this section, the
Inspector General may exercise authorities granted to the
Inspector General under subsections (a) and (b) of section 6 of
the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Authorizations of Appropriations.--
(1) Funding.--There is authorized to be appropriated
to the Secretary of Transportation for use by the
Inspector General of the Department of Transportation
not more than $125,000 for each of fiscal years 2011
through 2014 to cover expenses associated with
activities pursuant to the authority exercised under
this section.
(2) Reimbursable agreement.--In the absence of an
appropriation under this subsection for an expense
referred to in paragraph (1), the Inspector General and
the Mediation Board shall have a reimbursable agreement
to cover such expense.
EVALUATION AND AUDIT OF MEDIATION BOARD
Sec. 16. (a) In General.--In order to promote economy,
efficiency, and effectiveness in the administration of the
programs, operations, and activities of the Mediation Board,
the Comptroller General shall evaluate and audit the programs
and expenditures of the Mediation Board. Such an evaluation and
audit shall be conducted at least annually, but may be
conducted as determined necessary by the Comptroller General or
the appropriate congressional committees.
(b) Responsibility of Comptroller General.--The Comptroller
General shall evaluate and audit Mediation Board programs,
operations, and activities, including at a minimum--
(1) information management and security, including
privacy protection of personally identifiable
information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices,
and policies;
(5) the extent to which the Mediation Board follows
leading practices in selected management areas; and
(6) the processes the Mediation Board follows to
address challenges in--
(A) initial investigations of representation
applications;
(B) determining and certifying
representatives of employees; and
(C) ensuring that the process occurs without
interference, influence, or coercion.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
* * * * * * *
----------
TITLE 51, UNITED STATES CODE
* * * * * * *
SUBTITLE V--PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES
* * * * * * *
CHAPTER 509--COMMERCIAL SPACE LAUNCH ACTIVITIES
* * * * * * *
Sec. 50901. Findings and purposes
(a) Findings.--Congress finds that--
(1) * * *
* * * * * * *
(15) the regulatory standards governing human space
flight must evolve as the industry matures so that
regulations neither stifle technology development nor
expose crew or [space flight participants] space flight
passengers to avoidable risks as the public comes to
expect greater safety for crew and [space flight
participants] space flight passengers from the
industry.
* * * * * * *
Sec. 50902. Definitions
In this chapter--
(1) * * *
* * * * * * *
(4) ``launch'' means to place or try to place a
launch vehicle or reentry vehicle and any payload,
crew, or [space flight participant] space flight
passenger from Earth--
(A) * * *
* * * * * * *
including activities involved in the preparation of a
launch vehicle or payload for launch, when those
activities take place at a launch site in the United
States.
* * * * * * *
(6) ``launch services'' means--
(A) activities involved in the preparation of
a launch vehicle, payload, crew (including crew
training), or [space flight participant] space
flight passenger for launch; and
* * * * * * *
(13) ``reenter'' and ``reentry'' mean to return or
attempt to return, purposefully, a reentry vehicle and
its payload, crew, or [space flight participants] space
flight passengers, if any, from Earth orbit or from
outer space to Earth.
(14) ``reentry services'' means--
(A) activities involved in the preparation of
a reentry vehicle and payload, crew (including
crew training), or [space flight participant]
space flight passenger, if any, for reentry;
and
* * * * * * *
(17) ``[space flight participant] space flight
passenger'' means an individual, who is not crew,
carried within a launch vehicle or reentry vehicle.
* * * * * * *
(21) ``third party'' means a person except--
(A) * * *
* * * * * * *
(E) crew or [space flight participants] space
flight passengers.
* * * * * * *
Sec. 50903. General authority
(a) * * *
(b) Facilitating Commercial Launches and Reentries.--In
carrying out this chapter, the Secretary shall--
(1) encourage, facilitate, and promote commercial
space launches and reentries by the private sector,
including those involving [space flight participants]
space flight passengers; and
* * * * * * *
Sec. 50904. Restrictions on launches, operations, and reentries
(a) * * *
* * * * * * *
(d) Single License or Permit.--The Secretary of
Transportation shall ensure that only 1 license or permit is
required from the Department of Transportation to conduct
activities involving crew or [space flight participants] space
flight passengers, including launch and reentry, for which a
license or permit is required under this chapter. The Secretary
shall ensure that all Department of Transportation regulations
relevant to the licensed or permitted activity are satisfied.
Sec. 50905. License applications and requirements
(a) Applications.--(1) * * *
(2) In carrying out paragraph (1), the Secretary may
establish procedures for safety approvals of launch
vehicles, reentry vehicles, safety systems, processes,
services, or personnel (including approval procedures
for the purpose of protecting the health and safety of
crews and [space flight participants] space flight
passengers, to the extent permitted by subsections (b)
and (c)) that may be used in conducting licensed
commercial space launch or reentry activities.
(b) Requirements.--(1) * * *
(2) The Secretary may prescribe--
(A) * * *
* * * * * * *
(D) additional license requirements, for a
launch vehicle carrying a human being for
compensation or hire, necessary to protect the
health and safety of crew or [space flight
participants] space flight passengers, only if
such requirements are imposed pursuant to final
regulations issued in accordance with
subsection (c); and
* * * * * * *
(4) The holder of a license or a permit under this
chapter may launch or reenter crew only if--
(A) * * *
(B) the holder of the license or permit has
informed any individual serving as crew in
writing, prior to executing any contract or
other arrangement to employ that individual
(or, in the case of an individual already
employed as of the date of enactment of the
Commercial Space Launch Amendments Act of 2004,
as early as possible, but in any event prior to
any launch in which the individual will
participate as crew), that the United States
Government has not certified the launch vehicle
as safe for carrying crew or [space flight
participants] space flight passengers; and
* * * * * * *
(5) The holder of a license or a permit under this
chapter may launch or reenter a [space flight
participant] space flight passenger only if--
(A) in accordance with regulations
promulgated by the Secretary, the holder of the
license or permit has informed the [space
flight participant] space flight passenger in
writing about the risks of the launch and
reentry, including the safety record of the
launch or reentry vehicle type, and the
Secretary has informed the [space flight
participant] space flight passenger in writing
of any relevant information related to risk or
probable loss during each phase of flight
gathered by the Secretary in making the
determination required by section 50914(a)(2)
and (c);
(B) the holder of the license or permit has
informed any [space flight participant] space
flight passenger in writing, prior to receiving
any compensation from that [space flight
participant] space flight passenger or (in the
case of a [space flight participant] space
flight passenger not providing compensation)
otherwise concluding any agreement to fly that
[space flight participant] space flight
passenger, that the United States Government
has not certified the launch vehicle as safe
for carrying crew or [space flight
participants] space flight passengers;
(C) in accordance with regulations
promulgated by the Secretary, the [space flight
participant] space flight passenger has
provided written informed consent to
participate in the launch and reentry and
written certification of compliance with any
regulations promulgated under paragraph (6)(A);
and
* * * * * * *
(6)(A) The Secretary may issue regulations requiring
[space flight participants] space flight passengers to
undergo an appropriate physical examination prior to a
launch or reentry under this chapter. This subparagraph
shall cease to be in effect three years after the date
of enactment of the Commercial Space Launch Amendments
Act of 2004.
(B) The Secretary may issue additional regulations
setting reasonable requirements for [space flight
participants] space flight passengers, including
medical and training requirements. Such regulations
shall not be effective before the expiration of 3 years
after the date of enactment of the Commercial Space
Launch Amendments Act of 2004.
(c) Safety Regulations.--(1) The Secretary may issue
regulations governing the design or operation of a launch
vehicle to protect the health and safety of crew and [space
flight participants] space flight passengers.
(2) Regulations issued under this subsection shall--
(A) * * *
* * * * * * *
(C) be limited to restricting or prohibiting
design features or operating practices that--
(i) have resulted in a serious or
fatal injury (as defined in 49 CFR 830,
as in effect on November 10, 2004) to
crew or [space flight participants]
space flight passengers during a
licensed or permitted commercial human
space flight; or
(ii) contributed to an unplanned
event or series of events during a
licensed or permitted commercial human
space flight that posed a high risk of
causing a serious or fatal injury (as
defined in 49 CFR 830, as in effect on
November 10, 2004) to crew or [space
flight participants] space flight
passengers; and
* * * * * * *
Sec. 50907. Monitoring activities
(a) General Requirements.--A licensee under this chapter must
allow the Secretary of Transportation to place an officer or
employee of the United States Government or another individual
as an observer at a launch site or reentry site the licensee
uses, at a production facility or assembly site a contractor of
the licensee uses to produce or assemble a launch vehicle or
reentry vehicle, at a site used for crew or [space flight
participant] space flight passenger training, or at a site at
which a payload is integrated with a launch vehicle or reentry
vehicle. The observer will monitor the activity of the licensee
or contractor at the time and to the extent the Secretary
considers reasonable to ensure compliance with the license or
to carry out the duties of the Secretary under sections
50904(c), 50905, and 50906 of this title. A licensee must
cooperate with an observer carrying out this subsection.
* * * * * * *
Sec. 50908. Effective periods, and modifications, suspensions, and
revocations, of licenses
(a) * * *
* * * * * * *
(d) Additional Suspensions.--(1) The Secretary may suspend a
license when a previous launch or reentry under the license has
resulted in a serious or fatal injury (as defined in 49 CFR
830, as in effect on November 10, 2004) to crew or [space
flight participants] space flight passengers and the Secretary
has determined that continued operations under the license are
likely to cause additional serious or fatal injury (as defined
in 49 CFR 830, as in effect on November 10, 2004) to crew or
[space flight participants] space flight passengers.
* * * * * * *
Sec. 50914. Liability insurance and financial responsibility
requirements
(a) * * *
(b) Reciprocal Waiver of Claims.--(1) * * *
(2) The Secretary of Transportation shall make, for
the Government, executive agencies of the Government
involved in launch services or reentry services, and
contractors and subcontractors involved in launch
services or reentry services, a reciprocal waiver of
claims with the licensee or transferee, contractors,
subcontractors, crew, [space flight participants] space
flight passengers, and customers of the licensee or
transferee, and contractors and subcontractors of the
customers, involved in launch services or reentry
services under which each party to the waiver agrees to
be responsible for property damage or loss it sustains,
or for personal injury to, death of, or property damage
or loss sustained by its own employees or by [space
flight participants] space flight passengers, resulting
from an activity carried out under the applicable
license. The waiver applies only to the extent that
claims are more than the amount of insurance or
demonstration of financial responsibility required
under subsection (a)(1)(B) of this section. After
consulting with the Administrator and the Secretary of
the Air Force, the Secretary of Transportation may
waive, for the Government and a department, agency, and
instrumentality of the Government, the right to recover
damages for damage or loss to Government property to
the extent insurance is not available because of a
policy exclusion the Secretary of Transportation
decides is usual for the type of insurance involved.
* * * * * * *
Sec. 50915. Paying claims exceeding liability insurance and financial
responsibility requirements
(a) General Requirements.--(1) To the extent provided in
advance in an appropriation law or to the extent additional
legislative authority is enacted providing for paying claims in
a compensation plan submitted under subsection (d) of this
section, the Secretary of Transportation shall provide for the
payment by the United States Government of a successful claim
(including reasonable litigation or settlement expenses) of a
third party against a licensee or transferee under this
chapter, a contractor, subcontractor, or customer of the
licensee or transferee, or a contractor or subcontractor of a
customer, but not against a [space flight participant] space
flight passenger, resulting from an activity carried out under
the license issued or transferred under this chapter for death,
bodily injury, or property damage or loss resulting from an
activity carried out under the license. However, claims may be
paid under this section only to the extent the total amount of
successful claims related to one launch or reentry--
(A) * * *
* * * * * * *
Sec. 50917. Enforcement and penalty
(a) * * *
(b) General Authority.--(1) In carrying out this chapter, the
Secretary of Transportation may--
(A) * * *
* * * * * * *
(D) under lawful process--
(i) enter at a reasonable time a launch site,
reentry site, production facility, assembly
site of a launch vehicle or reentry vehicle,
crew or [space flight participant] space flight
passenger training site, or site at which a
payload is integrated with a launch vehicle or
reentry vehicle to inspect an object to which
this chapter applies or a record or report the
Secretary requires be made or kept under this
chapter; and
* * * * * * *
Sec. 50922. Regulations
(a) * * *
* * * * * * *
(c) Amendments.--(1) Not later than 12 months after the date
of enactment of the Commercial Space Launch Amendments Act of
2004, the Secretary shall publish proposed regulations to carry
out that Act, including regulations relating to crew, [space
flight participants] space flight passengers, and permits for
launch or reentry of reusable suborbital rockets. Not later
than 18 months after such date of enactment, the Secretary
shall issue final regulations.
* * * * * * *
DISSENTING VIEWS
We agree with our Republican colleagues on the need for a
long-term Federal Aviation Administration (FAA) reauthorization
act. In the 110th and 111th Congresses, the House, under
Democratic leadership, passed FAA reauthorization bills that
would have created jobs, improved aviation safety, and provided
the FAA with the tools necessary to modernize airport and air
traffic control infrastructure. We had hoped that H.R. 658, the
``FAA Reauthorization and Reform Act of 2011'', would reflect a
sustained commitment to these national priorities, and we had
looked forward to working with our Republican colleagues this
Congress in a bipartisan manner to swiftly enact forward-
looking legislation.
Instead, we are deeply concerned that H.R. 658 includes
funding cuts that will devastate the FAA's Next Generation Air
Transportation System (NextGen) air traffic control
modernization effort and will harm safety-sensitive programs,
while ignoring the Nation's growing airport capital development
needs. In addition, H.R. 658 includes a controversial and
unrelated provision on union representation elections, sunsets
the essential air service (EAS) program, and omits safety-
enhancing provisions from prior reauthorization bills.
Moreover, we believe the controversial aspects of this
legislation will seriously jeopardize the enactment of an FAA
reauthorization bill during this Congress and that H.R. 658
will require significant changes before it can be signed into
law.
I. Funding Levels
According to the FAA, in 2007, civil aviation generated
more than $1.3 trillion in economic activity, accounted for
over 11 million jobs and $396 billion in earnings, and
contributed 5.6 percent to the gross domestic product.
At its heart, the FAA reauthorization bill is a multi-year
authorization of funding levels for FAA programs. Successive
FAA reauthorization acts have increased funding for FAA
programs because investing in aviation infrastructure
strengthens the economy, creates jobs, and provides for the
safe and efficient flow of commerce. Every $1 billion of
Federal investment in infrastructure creates or sustains
approximately 35,000 jobs.
H.R. 658, however, actually proposes to cut funding
authorizations for FAA capital programs over a period of years.
H.R. 658 is a four-year bill, covering fiscal years (FYs) 2011
to 2014. Overall, cumulative funding levels are set at the FY
2008 appropriations levels for the remainder of FY 2011 and
annually beginning in FY 2012, with an overall funding level of
$59.7 billion.
H.R. 658: FY 2011--FY 2014 PROPOSED FUNDING LEVELS
[Dollars in billions]
----------------------------------------------------------------------------------------------------------------
FY 2008 FY FY 2010
Program Enacted 2009\1\ Enacted FY 2011 FY 2012 FY 2013 FY 2014
----------------------------------------------------------------------------------------------------------------
Operations & Maintenance.................. $8.70 $9.00 $9.40 $9.40 $9.17 $9.17 $9.17
Facilities & Equipment.................... 2.50 2.90 2.90 2.70 2.60 2.60 2.60
Airport Improvement....................... 3.50 4.60 3.50 3.18 3.00 3.00 3.00
---------------------------------------------------------------------
Total................................. $14.70 $16.50 $15.80 $15.28 $14.77 $14.77 $14.77
----------------------------------------------------------------------------------------------------------------
\1\Figures pertaining to FY 2009 include funding from the American Reinvestment and Recovery Act of 2009 (P.L.
111-5), with $200 million in facilities and equipment and additional $1.1 billion in grants-in-aid for
airports.
These proposed funding cuts have serious consequences for
our Nation's infrastructure, jobs, and economy. For example,
the FAA estimates that is NextGen air traffic control system
upgrade will reduce total flight delays by 21 percent and
deliver $22 billion in cumulative benefits by 2018 for airlines
and other aircraft operators, the Federal Government, and
ultimately the flying public. NextGen will permit aircraft
operators to save 1.4 billion gallons of fuel and cut carbon
emissions by 14 million tons. The Nation's 567,000 airline
industry workers have a vested interest in the cost savings
that NextGen promises.
Yet, at the Subcommittee on Aviation's February 9, 2011
hearing, entitled ``Federal Aviation Reauthorization:
Stakeholders'', witnesses representing the aerospace industry,
general aviation manufacturers, general aviation pilot,
airports, air traffic controllers and FAA managers all
testified that Congress could not roll back FAA funding to FY
2008 levels without harming safety-sensitive programs or
hampering the industry.
At that same hearing, Ms. Marion Blakey, an FAA
administrator under President George W. Bush and now the
president and chief executive officer of the Aerospace
Industries Association, stated that ``the prospect is really
devastating to jobs and to our future, if we really have to
roll back [to 2008 levels] and stop NextGen in its tracks.''
FAA officials also indicated that cutting the agency's budget
to FY 2008 levels would likely trigger drastic cutbacks and
cancellations of core NextGen programs, and would require the
agency to furlough hundreds of safety-related employees.
Further, the FAA's 2011-2015 National Plan of Integrated
Airport Systems (NPIAS) estimates that over the next five
years, there will be $52.2 billion of Airport Improvement
Program (AIP)-eligible infrastructure development for all
segments of civil aviation, an annual average of $10.4 billion.
Additionally, the 2009-2013 Airports Council International-
North America (ACI-NA) Capital Needs Survey estimates total
airport capital needs--including the cost of non-AIP-eligible
projects--to be about $94.3 billion, an annual average of $18.8
billion. Moreover, construction costs have increased more than
50 percent since 2000, eroding the purchasing power of both AIP
grants and Passenger Facility Charges (PFCs). Yet, despite
airport capital development needs, H.R. 658 actually cuts AIP
funding well below FY 2008 levels to $3 billion without
increasing the current $4.50 per-passenger-per-flight cap on
PFCs. H.R. 658 clearly falls short of meeting the Nation's
airport infrastructure needs.
H.R. 658: Annual State-by-State AIP Entitlement Cuts
II. Repeal of national Mediation Board Rule
H.R. 658 includes a ``poison pill'' provision that bears no
relationship whatsoever to job creation or safety enhancement.
The provision reinstates an inequitable approach to union
representation elections at airlines and railroads whereby a
majority of all employees in a bargaining unit were required to
vote in favor of representation by a union in order for the
union to be certified as their representative. The bill undoes
a rule finalized last year by the national Mediation Board
(NMB), which oversees labor relations at airlines and
railroads, providing for fair, democratic representation
elections where outcomes turn on the will of the majority of
those who cast ballots, not a super-majority of everyone
eligible to vote.
Under the obsolete elections rule that the Republicans'
bill reinstates, non-votes were counted as ``no'' votes. That
approach is contrary to the fundamental democratic principle
that elections should tun on the will of the majority, with
non-voters acquiescing in the will of the majority of those who
vote.
In American political elections, including congressional
and presidential elections, States do not require the winner of
an election to receive a majority of votes from all those
eligible to vote. In fact, in 2010, 41 States had a voter
turnout rate below 50 percent. Moreover, non-votes are counted
as what they are--non-votes. People do not vote in elections
for innumerable reasons: they are sick, they are away from
home, they are disengaged, they are intimidated not to vote by
those on one side or another, or they simply do not care about
the outcome. It is neither fair nor democratic to input a
particular opinion to non-voters who did not personally express
that opinion.
The NMB's new rule has not opened the floodgates to
unionization. Among the 17 representation elections conducted
to date under the new rule, unions have been certified in only
nine of them. At one air carrier, in fact, four representation
elections were held among four different employee groups in
2010, and in each election the union failed to win the support
of a majority of voters. Under the old rule, from 1990 to 2010,
unions were certified in 63 percent of elections. Under the new
rule, unions have been certified in only 53 percent of
elections, and the median participation rate has been quite
high: 84 percent (with 94 percent of eligible workers voting in
one election). The NMB's new rule has not made the
certification of unions more or less likely then before.
We are troubled that the Republicans chose FAA
reauthorization legislation, which is critical for the
enhancement of aviation safety, to wage an assault on
collective bargaining among airline and railroad workers.
During the Committee markup of H.R. 658, this provision was
subject to strong opposition by both Democratic and Republican
Members. In fact, the provision barely survived the markup when
an amendment to strip it from the bill failed by just a single
vote. This controversial provision's presence in this bill
seriously jeopardizes the enactment of long-term FAA
reauthorization legislation.
III. Sunset of EAS Program
More than three decades ago, Congress enacted the Airline
Deregulation Act of 1978 (P.L. 95-504), which phased out the
Federal Government's control over domestic fares and routes. At
the time, Congress also recognized that the free market alone
could not be relied on to maintain air service to all small
communities. The Act established the EAS program, which
guaranteed that communities served by air carriers before
deregulation would continue to receive a certain level of
scheduled air service. In subsequent legislation, the program
has been modified to ensure that it only provides air service
where the service can be provided at a reasonable cost. EAS is
necessary to link small communities to the larger system of
commerce and, in the process, to create and sustain local jobs.
H.R. 658 cuts EAS program funding progressively through FY
2013, and then, for airports in the lower 48 States, it sunsets
the program altogether (although EAS for Alaska and Hawaii
would be continued). Sunsetting the EAS program could severely
hurt the 110 communities in the contiguous United States that
depend on EAS. By proposing to renege on the Federal commitment
to support small and rural community air service, H.R. 658
effectively contemplates a policy of two Americas--one wealthy
enough to support scheduled air service, and the other
increasingly isolated and unable to afford full access to our
national aviation system.
H.R. 658: Communities where EAS subsidy would be eliminated after FY
2013
IV. Omission of safety-enhancing provisions
Finally, we are concerned about other aspects of the bill,
including some notable omissions. The FAA reauthorization bills
that passed the House and Senate last Congress each contained a
provision establishing occupational safety and health
protections for flight attendants in aircraft cabins. This bill
omits that provision.
Air transportation workers spend their working hours in
some of the Nation's most dangerous workplaces, where the rate
of work-related injury or illness was more than twice the
national average in 2009, according to Bureau of Labor
Statistics data. Construction workers and workers on factory
floors are exposed to fewer workplace injuries and illnesses
than air transportation workers. Flight attendants, in
particular, are exposed to unique risks every day: repeated
changes in air pressure, constant noise, significant
temperature variations, sick or belligerent passengers, and all
manner of communicable air- and blood-borne pathogens. Flight
attendants, however, are not protected by the occupational
safety and health standards that cover tens of millions of
other workers, even though they are passengers' first resource
during emergencies and must be fit and healthy to perform their
safety duties.
In 1975, the FAA recognized that cabin crewmembers'
occupational safety and health were matters of aviation safety;
in 2000, the administrators of the FAA and the Occupational
Safety and Health Administration (OSHA) signed a memorandum of
understanding (MOU) under which they agreed to work together to
develop occupational safety and health protections for flight
attendants. A team comprised of FAA and OSHA officials produced
a joint report in 2000 documenting their collaborative work to
that point and listing issues needing further analysis
(including the effects of state occupational safety and health
plans, and the need to ensure that application of occupational
standards would not affect aviation safety). Shortly afterward,
however, the collaborative process reached a standstill, and
flight attendants still are not protected by occupational
safety and health standards. We agree with the FAA that cabin
crewmembers' occupational safety and health are matters of
aviation safety, and we believe H.R. 658 should include a
provision directing the relevant parties to move forward to
develop effective occupational safety and health standards
whose application will be cost-effective and will improve
aviation safety.
Similarly, H.R. 658 will not meaningfully reduce the
occurrence of flight attendant fatigue, another significant
safety issue. The bill merely requires a study on flight
attendant fatigue. The FAA has already completed this study and
released it to the public.
At a Subcommittee on Aviation June 6, 2007 hearing,
entitled ``The National Transportation Safety Board's Most
Wanted Aviation Safety Improvements'', Ms. Patricia Friend,
then-president of the Association of Flight Attendants,
testified that fatigue among flight attendants ``is a very real
and serious concern for the flight attendant workforce . . .
and poses a potentially dangerous risk for the safety of the
aviation system.''
Since then, the FAA's Civil Aerospace Medical Institute
conducted the very study required under H.R. 658. The study's
findings support but one conclusion: further action is now
required. The five-part study, which included a national survey
of flight attendants working at a cross-section of air
carriers, found that fatigue is pervasive among flight
attendants and affects their performance of required safety
responsibilities. Accordingly, the bill should require a
rulemaking, based on the results of the study, to reduce the
occurrence of flight attendant fatigue.
Conclusion
The bill's inadequate funding levels, its ``poison pill''
provision on collective-bargaining that has no relationship to
job creation or safety, its sunset of the EAS program, and its
omissions of important safety protections all raise concerns
that the bill will not sufficiently create jobs and improve
safety. Although we share our Republican colleagues' desire to
enact long-term reauthorization legislation, we are concerned
that H.R. 658 will not advance our mutual goal of moving the
aviation system into the 21st Century. Moreover, we believe
that these controversial aspects of this bill seriously
jeopardize enactment of multi-year FAA reauthorization
legislation. We therefore oppose these aspects of the bill as
reported by the Committee on Transportation and Infrastructure.
Nick J. Rahall, III,
Ranking Member.
Jerry F. Costello.
Peter A. DeFazio.
Eleanor Holmes Norton.
Jerrold Nadler.
Corrine Brown.
Bob Filner.
Eddie Bernice Johnson.
Elijah E. Cummings.
Leonard L. Boswell.
Tim Holden.
Rick Larsen.
Michael E. Capuano.
Timothy H. Bishop.
Michael H. Michaud.
Russ Carnahan.
Grace F. Napolitano.
Daniel Lipinski.
Mazie K. Hirono.
Laura Richardson.
Albio Sires.
Donna F. Edwards.
Jason Altmire.
Timothy J. Walz.
