[House Report 112-29]
[From the U.S. Government Printing Office]


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.

                                  
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