H. R. 658—120 
(E) deposit in the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue 
Code of 1986 (26 U.S.C. 9502); 
(2) shall be available in addition to amounts authorized 
under section 48103 of such title; 
(3) shall not be subject to any limitation on grant obliga-
tions for any fiscal year; and 
(4) shall remain available until expended. 
(h) FEDERAL SHARE.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Federal share of the allowable costs of a project carried 
out under the pilot program shall be 80 percent. 
(2) ALLOWABLE COSTS.—In determining the allowable costs, 
the Administrator shall deduct from the total costs of the 
activities described in subsection (b) that portion of the costs 
which is equal to that portion of the total property to be 
redeveloped under this section that is not owned or to be 
acquired by the airport operator pursuant to the noise compat-
ibility program or that is not owned by the affected neighboring 
local jurisdictions or other public entities. 
(i) MAXIMUM AMOUNT.—Not more than $5,000,000 of the funds 
made available for grants under section 47117(e)(1)(A) of such title 
may be expended under the pilot program for any single public- 
use airport. 
(j) USE OF PASSENGER REVENUE.—An airport operator partici-
pating in the pilot program may use passenger facility revenue 
collected under section 40117 of such title to pay any project cost 
described in subsection (b) that is not financed by a grant under 
the pilot program. 
(k) SUNSET.—This section shall not be in effect after September 
30, 2015. 
SEC. 823. REPORT ON NEW YORK CITY AND NEWARK AIR TRAFFIC 
CONTROL FACILITIES. 
Under previous agreements, the Federal Aviation Administra-
tion negotiated staffing levels at the air traffic control facilities 
in the Newark and New York City areas. Not later than 90 days 
after the date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the Federal Aviation Administration’s 
staffing and scheduling plans for air traffic control facilities in 
the New York City and Newark Region for the 1-year period begin-
ning on such date of enactment. 
SEC. 824. CYLINDERS OF COMPRESSED OXYGEN OR OTHER OXIDIZING 
GASES. 
(a) IN GENERAL.—Subject to subsections (b) and (c), entities 
transporting, in the State of Alaska, cylinders of compressed oxygen 
or other oxidizing gases aboard aircraft shall be exempt from compli-
ance with the regulations described in subsection (d), to the extent 
that the regulations require that oxidizing gases transported aboard 
aircraft be enclosed in outer packaging capable of passing the 
flame penetration resistance test and the thermal resistance test, 
without regard to the end use of the cylinders. 
(b) APPLICABILITY
OF EXEMPTION.—The exemption provided 
under subsection (a) shall apply only if—
H. R. 658—121 
(1) transportation of the cylinders by a ground-based or 
water-based mode of transportation is unavailable and 
transportation by aircraft is the only practical means for trans-
porting the cylinders to their destination; 
(2) each cylinder is fully covered with a fire- or flame- 
resistant blanket that is secured in place; and 
(3) the operator of the aircraft complies with the applicable 
notification procedures under section 175.33 of title 49, Code 
of Federal Regulations. 
(c) AIRCRAFT RESTRICTION.—The exemption provided under sub-
section (a) shall apply only to the following types of aircraft: 
(1) Cargo-only aircraft transporting the cylinders to a 
delivery destination that receives cargo-only service at least 
once a week. 
(2) Passenger and cargo-only aircraft transporting the cyl-
inders to a delivery destination that does not receive cargo- 
only service at least once a week. 
(d) DESCRIPTION OF REGULATORY REQUIREMENTS.—The regula-
tions described in this subsection are the regulations of the Pipeline 
and Hazardous Materials Safety Administration contained in sec-
tions 
173.302(f)(3), 
173.302(f)(4), 
173.302(f)(5), 
173.304(f)(3), 
173.304(f)(4), and 173.304(f)(5) of title 49, Code of Federal Regula-
tions. 
SEC. 825. ORPHAN AVIATION EARMARKS. 
(a) EARMARK DEFINED.—In this section, the term ‘‘earmark’’ 
means a statutory provision or report language included primarily 
at the request of a Senator or a Member, Delegate, or Resident 
Commissioner of the House of Representatives providing, author-
izing, or recommending a specific amount of discretionary budget 
authority, credit authority, or other spending authority for a con-
tract, loan, loan guarantee, grant, or other expenditure with or 
to an entity or a specific State, locality, or Congressional district, 
other than through a statutory or administrative formula-driven 
or competitive award process. 
(b) RESCISSION.—If any earmark relating to the Federal Avia-
tion Administration has more than 90 percent of applicable appro-
priated amounts remaining available for obligation at the end of 
the 9th fiscal year beginning after the fiscal year in which those 
amounts were appropriated, the unobligated portion of those 
amounts is rescinded effective at the end of that 9th fiscal year, 
except that the Administrator of the Federal Aviation Administra-
tion may delay any such rescission if the Administrator determines 
that an obligation with respect to those amounts is likely to occur 
during the 12-month period beginning on the last day of that 
9th fiscal year. 
(c) IDENTIFICATION AND REPORT.— 
(1) AGENCY IDENTIFICATION.—At the end of each fiscal year, 
the Administrator shall identify and report to the Director 
of the Office of Management and Budget every earmark related 
to the Administration and with respect to which there is an 
unobligated balance of appropriated amounts. 
(2) ANNUAL REPORT.—Not later than 1 year after the date 
of enactment of this Act, and annually thereafter, the Director 
shall submit to Congress and make available to the public 
on the Internet Web site of the Office a report that includes—
H. R. 658—122 
(A) a listing of each earmark related to the Administra-
tion and with respect to which there is an unobligated 
balance of appropriated amounts, which shall include the 
amount of the original earmark, the amount of the unobli-
gated balance related to that earmark, and the date on 
which the funding expires, if applicable; 
(B) the number of rescissions under subsection (b) and 
the savings resulting from those rescissions for the previous 
fiscal year; and 
(C) a listing of earmarks related to the Administration 
with amounts scheduled for rescission at the end of the 
current fiscal year. 
SEC. 826. PRIVACY PROTECTIONS FOR AIR PASSENGER SCREENING 
WITH ADVANCED IMAGING TECHNOLOGY. 
Section 44901 is amended by adding at the end the following: 
‘‘(l) LIMITATIONS ON USE OF ADVANCED IMAGING TECHNOLOGY 
FOR SCREENING PASSENGERS.— 
‘‘(1) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
‘‘(A) ADVANCED
IMAGING
TECHNOLOGY.—The term 
‘advanced imaging technology’— 
‘‘(i) means a device used in the screening of pas-
sengers that creates a visual image of an individual 
showing the surface of the skin and revealing other 
objects on the body; and 
‘‘(ii) may include devices using backscatter x-rays 
or millimeter waves and devices referred to as ‘whole- 
body imaging technology’ or ‘body scanning machines’. 
‘‘(B) APPROPRIATE CONGRESSIONAL COMMITTEES.—The 
term ‘appropriate congressional committees’ means— 
‘‘(i) the Committee on Commerce, Science, and 
Transportation and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate; and 
‘‘(ii) the Committee on Homeland Security of the 
House of Representatives. 
‘‘(C) AUTOMATIC TARGET RECOGNITION SOFTWARE.—The 
term ‘automatic target recognition software’ means soft-
ware installed on an advanced imaging technology that 
produces a generic image of the individual being screened 
that is the same as the images produced for all other 
screened individuals. 
‘‘(2) USE OF ADVANCED IMAGING TECHNOLOGY.—Beginning 
June 1, 2012, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall ensure that any 
advanced imaging technology used for the screening of pas-
sengers under this section— 
‘‘(A) is equipped with and employs automatic target 
recognition software; and 
‘‘(B) complies with such other requirements as the 
Assistant Secretary determines necessary to address pri-
vacy considerations. 
‘‘(3) EXTENSION.— 
‘‘(A) IN GENERAL.—The Assistant Secretary may extend 
the deadline specified in paragraph (2), if the Assistant 
Secretary determines that—
H. R. 658—123 
‘‘(i) an advanced imaging technology equipped with 
automatic target recognition software is not substan-
tially as effective at screening passengers as an 
advanced imaging technology without such software; 
or 
‘‘(ii) additional testing of such software is nec-
essary. 
‘‘(B) DURATION
OF
EXTENSIONS.—The Assistant Sec-
retary may issue one or more extensions under subpara-
graph (A). The duration of each extension may not exceed 
one year. 
‘‘(4) REPORTS.— 
‘‘(A) IN GENERAL.—Not later than 60 days after the 
deadline specified in paragraph (2), and not later than 
60 days after the date on which the Assistant Secretary 
issues any extension under paragraph (3), the Assistant 
Secretary shall submit to the appropriate congressional 
committees a report on the implementation of this sub-
section. 
‘‘(B) ELEMENTS.—A report submitted under subpara-
graph (A) shall include the following: 
‘‘(i) A description of all matters the Assistant Sec-
retary considers relevant to the implementation of the 
requirements of this subsection. 
‘‘(ii) The status of compliance by the Transpor-
tation Security Administration with such require-
ments. 
‘‘(iii) If the Administration is not in full compliance 
with such requirements— 
‘‘(I) the reasons for the noncompliance; and 
‘‘(II) a timeline depicting when the Assistant 
Secretary expects the Administration to achieve 
full compliance. 
‘‘(C) SECURITY CLASSIFICATION.—To the greatest extent 
practicable, a report prepared under subparagraph (A) shall 
be submitted in an unclassified format. If necessary, the 
report may include a classified annex.’’. 
SEC. 827. COMMERCIAL SPACE LAUNCH LICENSE REQUIREMENTS. 
Section 50905(c)(3) of title 51, United States Code, is amended 
by striking ‘‘Beginning 8 years after the date of enactment of 
the Commercial Space Launch Amendments Act of 2004,’’ and 
inserting ‘‘Beginning on October 1, 2015,’’. 
SEC. 828. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES. 
(a) IN GENERAL.—The Secretary of Transportation, including 
a designee of the Secretary, may not issue or enforce any regulation 
or other requirement regarding the transportation by aircraft of 
lithium metal cells or batteries or lithium ion cells or batteries, 
whether transported separately or packed with or contained in 
equipment, if the requirement is more stringent than the require-
ments of the ICAO Technical Instructions. 
(b) EXCEPTIONS.— 
(1) PASSENGER CARRYING AIRCRAFT.—Notwithstanding sub-
section (a), the Secretary may enforce the prohibition on trans-
porting primary (non-rechargeable) lithium batteries and cells 
aboard passenger carrying aircraft set forth in special provision 
A100 under section 172.102(c)(2) of title 49, Code of Federal