H. R. 658—124 
Regulations (as in effect on the date of enactment of this 
Act). 
(2) CREDIBLE REPORTS.—Notwithstanding subsection (a), if 
the Secretary obtains a credible report with respect to a safety 
incident from a national or international governmental regu-
latory or investigating body that demonstrates that the pres-
ence of lithium metal cells or batteries or lithium ion cells 
or batteries on an aircraft, whether transported separately 
or packed with or contained in equipment, in accordance with 
the requirements of the ICAO Technical Instructions, has 
substantially contributed to the initiation or propagation of 
an onboard fire, the Secretary— 
(A) may issue and enforce an emergency regulation, 
more stringent than the requirements of the ICAO Tech-
nical Instructions, that governs the transportation by air-
craft of such cells or batteries, if that regulation— 
(i) addresses solely deficiencies referenced in the 
report; and 
(ii) is effective for not more than 1 year; and 
(B) may adopt and enforce a permanent regulation, 
more stringent than the requirements of the ICAO Tech-
nical Instructions, that governs the transportation by air-
craft of such cells or batteries, if— 
(i) the Secretary bases the regulation upon 
substantial credible evidence that the otherwise 
permissible presence of such cells or batteries would 
substantially contribute to the initiation or propagation 
of an onboard fire; 
(ii) the regulation addresses solely the deficiencies 
in existing regulations; and 
(iii) the regulation imposes the least disruptive 
and least expensive variation from existing require-
ments while adequately addressing identified defi-
ciencies. 
(c) ICAO TECHNICAL INSTRUCTIONS DEFINED.—In this section, 
the term ‘‘ICAO Technical Instructions’’ means the International 
Civil Aviation Organization Technical Instructions for the Safe 
Transport of Dangerous Goods by Air (as amended, including 
amendments adopted after the date of enactment of this Act). 
SEC. 829. CLARIFICATION OF MEMORANDUM OF UNDERSTANDING 
WITH OSHA. 
Not later than 6 months after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration 
shall— 
(1) establish milestones, in consultation with the Occupa-
tional Safety and Health Administration, in a report to Con-
gress— 
(A) for the completion of work begun under the August 
2000 memorandum of understanding between the Adminis-
trations; and 
(B) to address issues that need further action, as set 
forth in the December 2000 joint report of the Administra-
tions; and 
(2) initiate development of a policy statement to set forth 
the circumstances in which requirements of the Occupational
H. R. 658—125 
Safety and Health Administration may be applied to crew-
members while working in an aircraft. 
SEC. 830. APPROVAL OF APPLICATIONS FOR THE AIRPORT SECURITY 
SCREENING OPT-OUT PROGRAM. 
(a) IN GENERAL.—Section 44920(b) is amended to read as fol-
lows: 
‘‘(b) APPROVAL OF APPLICATIONS.— 
‘‘(1) IN GENERAL.—Not later than 120 days after the date 
of receipt of an application submitted by an airport operator 
under subsection (a), the Under Secretary shall approve or 
deny the application. 
‘‘(2) STANDARDS.—The Under Secretary shall approve an 
application submitted by an airport operator under subsection 
(a) if the Under Secretary determines that the approval would 
not compromise security or detrimentally affect the cost-effi-
ciency or the effectiveness of the screening of passengers or 
property at the airport. 
‘‘(3) REPORTS ON DENIALS OF APPLICATIONS.— 
‘‘(A) IN GENERAL.—If the Under Secretary denies an 
application submitted by an airport operator under sub-
section (a), the Under Secretary shall provide to the airport 
operator, not later than 60 days following the date of the 
denial, a written report that sets forth— 
‘‘(i) the findings that served as the basis for the 
denial; 
‘‘(ii) the results of any cost or security analysis 
conducted in considering the application; and 
‘‘(iii) recommendations on how the airport operator 
can address the reasons for the denial. 
‘‘(B) SUBMISSION TO CONGRESS.—The Under Secretary 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Home-
land Security of the House of Representatives a copy of 
any report provided to an airport operator under subpara-
graph (A).’’. 
(b) WAIVERS.—Section 44920(d) is amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and moving the subparagraphs 
2 ems to the right; 
(2) by striking ‘‘The Under Secretary’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—The Under Secretary’’; and 
(3) by adding at the end the following: 
‘‘(2) WAIVERS.—The Under Secretary may waive the 
requirement of paragraph (1)(B) for any company that is a 
United States subsidiary with a parent company that has imple-
mented a foreign ownership, control, or influence mitigation 
plan that has been approved by the Defense Security Service 
of the Department of Defense prior to the submission of the 
application. The Under Secretary has complete discretion to 
reject any application from a private screening company to 
provide screening services at an airport that requires a waiver 
under this paragraph.’’. 
(c) RECOMMENDATIONS OF AIRPORT OPERATOR.—Section 44920 
is amended by adding at the end the following:
H. R. 658—126 
‘‘(h) RECOMMENDATIONS
OF AIRPORT OPERATOR.—As part of 
any submission of an application for a private screening company 
to provide screening services at an airport, the airport operator 
shall provide to the Under Secretary a recommendation as to which 
company would best serve the security screening and passenger 
needs of the airport, along with a statement explaining the basis 
of the operator’s recommendation.’’. 
(d) RECONSIDERATION OF APPLICATIONS PENDING AS OF JANUARY 
1, 2011.— 
(1) IN GENERAL.—Upon the request of an airport operator, 
the Secretary of Homeland Security shall reconsider any 
application for the screening of passengers and property that— 
(A) was submitted by the operator of an airport pursu-
ant to section 44920(a) of title 49, United States Code; 
(B) was pending for final decision by the Secretary 
on any day between January 1, 2011, and February 3, 
2011, and was resubmitted by the applicant in accordance 
with new guidelines provided by the Secretary after Feb-
ruary 3, 2011; and 
(C) has not been approved by the Secretary on or 
before the date of enactment of this Act. 
(2) NOTICE TO AIRPORT OPERATORS.—In reconsidering an 
application submitted under paragraph (1), the Secretary 
shall— 
(A) notify the airport operator that submitted the 
application that the Secretary will reconsider the applica-
tion; 
(B) if the application was initially denied, advise the 
operator of the findings that served as the basis for the 
denial; and 
(C) request the operator to provide the Secretary with 
such additional information as the Secretary determines 
necessary to reconsider the application. 
(3) DEADLINE; STANDARDS.—The Secretary shall approve 
or deny an application to be reconsidered under paragraph 
(1) not later than the 120th day following the date of the 
request for reconsideration from the airport operator. The Sec-
retary shall apply the standards set forth in section 44920(b) 
of title 49, United States Code (as amended by this section), 
in approving and denying such application. 
(4) REPORTS ON DENIALS OF APPLICATIONS.— 
(A) IN GENERAL.—If the Secretary denies an application 
of an airport operator following reconsideration under this 
subsection, the Secretary shall provide to the airport oper-
ator a written report that sets forth— 
(i) the findings that served as the basis for the 
denial; and 
(ii) the results of any cost or security analysis 
conducted in considering the application. 
(B) SUBMISSION
TO
CONGRESS.—The Secretary shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Home-
land Security of the House of Representatives a copy of 
any report provided to an airport operator under subpara-
graph (A).
H. R. 658—127 
TITLE IX—FEDERAL AVIATION 
RESEARCH AND DEVELOPMENT 
SEC. 901. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 48102(a) is amended— 
(1) in the matter before paragraph (1) by striking ‘‘of this 
title’’ and inserting ‘‘of this title and, for each of fiscal years 
2012 through 2015, under subsection (g)’’; 
(2) by striking paragraphs (1) through (8); 
(3) by redesignating paragraphs (9) through (15) as para-
graphs (1) through (7), respectively; 
(4) in paragraph (3) (as so redesignated)— 
(A) in subparagraph (K) by adding ‘‘and’’ at the end; 
and 
(B) in subparagraph (L) by striking ‘‘and’’ at the end; 
and 
(5) by striking paragraph (16) and inserting the following: 
‘‘(8) $168,000,000 for each of fiscal years 2012 through 
2015.’’. 
(b) SPECIFIC PROGRAM LIMITATIONS.—Section 48102 is amended 
by inserting after subsection (f) the following: 
‘‘(g) 
SPECIFIC
AUTHORIZATIONS.—The 
following 
programs 
described in the research, engineering, and development account 
of the national aviation research plan required under section 
44501(c) are authorized: 
‘‘(1) Fire Research and Safety. 
‘‘(2) Propulsion and Fuel Systems. 
‘‘(3) Advanced Materials/Structural Safety. 
‘‘(4) Atmospheric Hazards—Aircraft Icing/Digital System 
Safety. 
‘‘(5) Continued Airworthiness. 
‘‘(6) Aircraft Catastrophic Failure Prevention Research. 
‘‘(7) Flightdeck/Maintenance/System Integration Human 
Factors. 
‘‘(8) System Safety Management. 
‘‘(9) Air Traffic Control/Technical Operations Human Fac-
tors. 
‘‘(10) Aeromedical Research. 
‘‘(11) Weather Program. 
‘‘(12) Unmanned Aircraft Systems Research. 
‘‘(13) NextGen—Alternative Fuels for General Aviation. 
‘‘(14) Joint Planning and Development Office. 
‘‘(15) NextGen—Wake Turbulence Research. 
‘‘(16) NextGen—Air Ground Integration Human Factors. 
‘‘(17) NextGen—Self Separation Human Factors. 
‘‘(18) NextGen—Weather Technology in the Cockpit. 
‘‘(19) Environment and Energy Research. 
‘‘(20) NextGen Environmental Research—Aircraft Tech-
nologies, Fuels, and Metrics. 
‘‘(21) System Planning and Resource Management. 
‘‘(22) The William J. Hughes Technical Center Laboratory 
Facility.’’. 
(c) PROGRAM
AUTHORIZATIONS.—From the other accounts 
described in the national aviation research plan required under 
section 44501(c) of title 49, United States Code, the following 
research and development activities are authorized: