contingency plans for dealing with the degradation of the 
System in the event of a natural disaster, major equip-
ment failure, or act of terrorism. 
SEC. 209. NEXT GENERATION AIR TRANSPORTATION SEN-
IOR 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 be-
fore 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 Con-
gress 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; 
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‘‘(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 pre-
vious 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 fu-
ture years in the integrated work plan and the 
reasons for such change; and 
‘‘(E) an identification of the levels of fund-
ing for each agency participating in the inte-
grated work plan devoted to programs and ac-
tivities under the plan for the previous fiscal 
year and in the President’s budget request.’’. 
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SEC. 210. IMPROVED MANAGEMENT OF PROPERTY INVEN-
TORY. 
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 cur-
rent 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-BROAD-
CAST 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 Administra-
tion’s award and oversight of any contracts entered 
into by the Administration to provide ADS–B serv-
ices for the national airspace system. 
(2) CONTENTS.—The review shall include, at a 
minimum— 
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(A) an examination of how the Administra-
tion manages program risks; 
(B) an assessment of expected benefits at-
tributable to the deployment of ADS–B serv-
ices, including the Administration’s plans for 
implementation of advanced operational proce-
dures 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 Admin-
istration 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 Admin-
istration and any contractors are meeting cost, 
schedule, and performance milestones, as meas-
ured against the original baseline of the Admin-
istration’s program for providing ADS–B serv-
ices; 
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(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 atten-
tion. 
(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 
shall initiate a rulemaking proceeding to issue guide-
lines and regulations relating to ADS–B In tech-
nology that— 
(A) identify the ADS–B In technology that 
will be required under NextGen; 
(B) subject to paragraph (3), require all 
aircraft operating in capacity constrained air-
space, at capacity constrained airports, or in 
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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 air-
craft 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 ap-
proved; 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 em-
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ployee 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 re-
quired for air traffic controllers; 
(C) identify procedures, to be developed in 
consultation with appropriate employee and in-
dustry groups, to conduct air traffic manage-
ment in mixed equipage environments; and 
(D) establish a policy in test regions re-
ferred 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. 
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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 enter-
prise 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 cur-
rent and planned modernization programs to the fu-
ture 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 auto-
mated air traffic management system and the impli-
cations for ongoing modernization projects; and 
(3) determine how risks with automation efforts 
for the NextGen can be mitigated based on the expe-
riences of other public or private entities in devel-
oping complex, software-intensive systems. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Administrator shall submit 
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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 pur-
suant 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 Adminis-
trator of the Federal Aviation Administration shall 
publish a report, after consultation with representa-
tives of appropriate Administration employee groups, 
airport operators, air carriers, general aviation rep-
resentatives, flight path service providers, and air-
craft manufacturers that includes the following: 
(A) RNP/RNAV OPERATIONS.—The re-
quired navigation performance and area naviga-
tion 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 commer-
cial operations at the 35 operational evolution 
partnership airports identified by the Adminis-
tration. 
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(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 estab-
lishes— 
(i) clearly defined budget, schedule, 
project organization, and leadership re-
quirements; 
(ii) specific implementation and tran-
sition steps; and 
(iii) baseline and performance metrics 
for— 
(I) measuring the Administra-
tion’s progress in implementing the 
plan, including the percentage utiliza-
tion of required navigation perform-
ance in the national airspace system; 
and 
(II) achieving measurable fuel 
burn and carbon dioxide emissions re-
ductions compared to current per-
formance; and 
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(iv) expedited environmental review 
procedures for timely environmental ap-
proval of area navigation and required 
navigation performance that offer signifi-
cant efficiency improvements as deter-
mined by baseline and performance metrics 
under clause (iii). 
(D) ADDITIONAL
PROCEDURES.—A proc-
ess for the identification, certification, and pub-
lication of additional required navigation per-
formance and area navigation procedures that 
may be required at such airports in the future. 
(2) IMPLEMENTATION
SCHEDULE.—The Ad-
ministrator shall certify, publish, and implement— 
(A) 30 percent of the required procedures 
not later than 18 months after the date of en-
actment 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 Adminis-
trator shall extend the charter of the Performance Based 
Navigation Aviation Rulemaking Committee as necessary 
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to establish priorities for the development, certification, 
publication, and implementation of the navigation per-
formance and area navigation procedures based on their 
potential safety and efficiency benefits to other airports 
in the national airspace system. 
(c) COORDINATED AND EXPEDITED REVIEW.—Navi-
gation performance and area navigation procedures devel-
oped, certified, published, and implemented under this sec-
tion shall be presumed to be covered by a categorical ex-
clusion (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 ex-
traordinary circumstances exist with respect to the proce-
dure. 
(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 Rep-
resentatives a plan for implementation of a nationwide 
data communications system. The plan shall include— 
(1) clearly defined budget, schedule, project or-
ganization, and leadership requirements; 
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(2) specific implementation and transition 
steps; and 
(3) baseline and performance metrics for meas-
uring 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 Administra-
tion the work being performed under the plan to de-
termine— 
(A) whether utilization of ADS–B, RNP, 
and other technologies as part of NextGen im-
plementation will display the position of aircraft 
more accurately and frequently so as to enable 
a more efficient use of existing airspace and re-
sult in reduced consumption of aviation fuel 
and aircraft engine emissions; and 
(B) the feasibility of reducing aircraft sep-
aration 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 re-
ferred to in paragraph (1)(B) can be reduced safely, 
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the Administrator shall include in the NextGen Im-
plementation 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 mainte-
nance 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, in-
cluding, 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; 
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(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 Implementa-
tion Plan (NGIP), or any successor document, capa-
bilities designed to reduce emissions and fuel con-
sumption; 
(11) the Administration’s unit cost of providing 
air traffic control services; and 
(12) runway safety, including runway incur-
sions, operational errors, and loss of standard sepa-
ration events. 
(b) BASELINES.—The Administrator, in consultation 
with aviation industry stakeholders, shall identify base-
lines 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 ap-
propriate media. 
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(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 Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a re-
port 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 devel-
oped; and 
(3) a process for holding the Administration ac-
countable for meeting or exceeding the metrics base-
lines 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 Ad-
ministration shall develop a plan to accelerate and stream-
line the process for certification of NextGen technologies, 
including— 
(1) establishment of updated project plans and 
timelines; 
(2) identification of the specific activities need-
ed to certify NextGen technologies, including the es-
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tablishment of NextGen technical requirements for 
the manufacture of equipage, installation of equi-
page, 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 Stand-
ards 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 certifi-
cation 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 con-
tribution to implementation of the NextGen initia-
tive; 
(2) evaluate airport surveillance technologies 
and associated collaborative surface management 
software for potential contributions to implementa-
tion of NextGen surface management; 
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(3) accelerate implementation of the program 
referred to in paragraph (1); and 
(4) carry out such additional duties as the Ad-
ministrator of the Federal Aviation Administration 
may require. 
(b) EXPEDITED
CERTIFICATION
AND
UTILIZA-
TION.—The Administrator shall— 
(1) consider options for expediting the certifi-
cation of Ground-Based Augmentation System tech-
nology; 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.—Notwith-
standing 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 mile-
stones established pursuant to this title. 
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100 
(c) NO CHANGE IN EMPLOYEE STATUS.—Participa-
tion in these processes by an employee shall not— 
(1) serve as a waiver of any bargaining obliga-
tions or rights; 
(2) entitle the employee or employees to any ad-
ditional compensation or benefits; or 
(3) entitle the employee or employees to prevent 
or unduly delay the exercise of management preroga-
tives. 
(d) WORKING GROUPS.—Except in extraordinary cir-
cumstances, the Administrator shall not pay overtime re-
lated 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 Com-
merce, Science and Transportation of the Senate con-
cerning 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 NAVIGA-
TIONAL AIDS AND OTHER ASSETS. 
(a) SURVEY AND ASSESSMENT.— 
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101 
(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 Fed-
eral Aviation Administration facilities, the Adminis-
trator of the Federal Aviation Administration shall 
complete a survey and assessment of leases for crit-
ical Administration facility sites, including— 
(A) an inventory of the leases that de-
scribes, for each such lease— 
(i) the periodic cost, location, site, 
terms, number of years remaining, and les-
sor; 
(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 lo-
cated in or near areas suitable for the construc-
tion and operation of wind farms, as deter-
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102 
mined 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 regard-
ing the use and distribution of the list referred to 
in paragraph (1)(B), including considerations of pri-
vacy and proprietary information, database develop-
ment, or other relevant applications. 
(3) REPORT.—Upon completion of the survey 
and assessment, the Administrator shall submit a re-
port 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 con-
taining the Administrator’s findings, conclusions, 
and recommendations. 
(b) GAO ASSESSMENT.—Not later than 180 days 
after receiving the Administrator’s report under sub-
section (a)(2), 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; 
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103 
(2) the extent to which the Department of De-
fense and the Administration have guidance, proc-
esses, 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 Genera-
tion air traffic control system, including the installa-
tion 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 Admin-
istration 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 oper-
ational concerns related to the construction, alter-
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104 
ation, establishment, or expansion of such wind 
farms. 
(d) REPORTS.—The Administrator and the Comp-
troller General shall provide a copy of reports under sub-
sections (a) and (b), respectively, to the Committee on 
Commerce, Science, and Transportation, the Committee 
on Homeland Security and Governmental Affairs, the 
Committee on Armed Services of the Senate, the Com-
mittee on Transportation and Infrastructure, the Com-
mittee 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 high-
lighted in strategic plans of the Administration, in-
cluding Flight Plan 2009–2013 and the NextGen 
Implementation Plan. 
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(3) Funding cuts have led to delays and defer-
rals of critical capacity enhancing airspace redesign 
efforts. 
(4) Several new runways planned for the period 
of fiscal years 2011 and 2012 will not provide esti-
mated capacity benefits without additional funds. 
(b) NOISE IMPACTS OF NEW YORK/NEW JERSEY/ 
PHILADELPHIA METROPOLITAN AREA AIRSPACE REDE-
SIGN.— 
(1) MONITORING.—The Administrator, in con-
junction with the Port Authority of New York and 
New Jersey and the Philadelphia International Air-
port, 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 Re-
design, the Administrator shall submit to Congress 
a report on the findings of the Administrator with 
respect to monitoring conducted under paragraph 
(1). 
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TITLE III—SAFETY 
Subtitle A—General Provisions 
SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER-
TIFICATES. 
(a) JUDICIAL REVIEW OF NTSB DECISIONS.—Sec-
tion 44703(d) is amended by adding at the end the fol-
lowing: 
‘‘(3) A person who is substantially affected by an 
order of the Board under this subsection, or the Adminis-
trator 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 sup-
ported 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.— 
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‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, the Administrator may 
make available upon request to a person seek-
ing 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 certifi-
cate for such aircraft, engine, propeller, or ap-
pliance, without the consent of the owner of 
record, if the Administrator determines that— 
‘‘(i) the certificate containing the re-
quested 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 Ad-
ministrator is unable to find the owner of 
record, or the owner of record’s heir, of the 
type certificate or supplemental type cer-
tificate; and 
‘‘(iii) making such data available will 
enhance aviation safety. 
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‘‘(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 speci-
fications for the entire aircraft, engine, pro-
peller, or appliance or change to the aircraft, 
engine, propeller, or appliance, including the 
original design data, and any associated sup-
plier 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 re-
lating to a type certificate or a supplemental 
type certificate that has been inactive for 3 or 
more years.’’. 
SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CER-
TIFICATES. 
(a) IN GENERAL.—Section 44704(e) is amended to 
read as follows: 
‘‘(e) DESIGN AND PRODUCTION ORGANIZATION CER-
TIFICATES.— 
‘‘(1) ISSUANCE.—Beginning January 1, 2013, 
the Administrator may issue a certificate to a design 
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organization, production organization, or design and 
production organization to authorize the organiza-
tion to certify compliance of aircraft, aircraft en-
gines, propellers, and appliances with the require-
ments and minimum standards prescribed under sec-
tion 44701(a). An organization holding a certificate 
issued under this subsection shall be known as a cer-
tified design and production organization (in this 
subsection referred to as a ‘CDPO’). 
‘‘(2) APPLICATIONS.—On receiving an applica-
tion for a CDPO certificate, the Administrator shall 
examine and rate the organization submitting the 
application, in accordance with regulations to be pre-
scribed by the Administrator, to determine whether 
the organization has adequate engineering, design, 
and production capabilities, standards, and safe-
guards to make certifications of compliance as de-
scribed in paragraph (1). 
‘‘(3) ISSUANCE
OF
CERTIFICATES
BASED
ON 
CDPO FINDINGS.—The Administrator may rely on 
certifications of compliance by a CDPO when mak-
ing determinations under this section. 
‘‘(4) PUBLIC SAFETY.—The Administrator shall 
include in a CDPO certificate terms required in the 
interest of safety. 
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‘‘(5) NO EFFECT ON POWER OF REVOCATION.— 
Nothing in this subsection affects the authority of 
the Secretary of Transportation to revoke a certifi-
cate.’’. 
(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 or-
ganization certificates’’; and 
(2) in the analysis for such chapter by striking 
the item relating to section 44704 and inserting the 
following: 
SEC. 304. AIRCRAFT CERTIFICATION PROCESS REVIEW AND 
REFORM. 
(a) GENERAL.—The Administrator of the Federal 
Aviation Administration, in consultation with representa-
tives of the aviation industry, shall conduct an assessment 
of the certification and approval process under section 
44704 of title 49, United States Code. 
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(b) CONTENTS.—In conducting the assessment, the 
Administrator shall consider— 
(1) the expected number of applications for 
product certifications and approvals the Adminis-
trator 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 nec-
essary to allow the Administrator to review and ap-
prove the applications in a fair and timely fashion; 
(3) the status of recommendations made in pre-
vious reports on the Administration’s certification 
process; 
(4) methods for enhancing the effective use of 
delegation systems, including organizational designa-
tion authorization; 
(5) methods for training the Administration’s 
field office employees in the safety management sys-
tem and auditing; and 
(6) the status of updating airworthiness re-
quirements, including implementing recommenda-
tions in the Administration’s report entitled ‘‘Part 
23—Small Airplane Certification Process Study’’ 
(OK–09–3468, dated July 2009). 
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(c) RECOMMENDATIONS.—In conducting the assess-
ment, 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 competitive-
ness 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 rec-
ommendations 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 rec-
ommendations made under subsection (c). 
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SEC. 305. CONSISTENCY OF REGULATORY INTERPRETA-
TION. 
(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 Gov-
ernment and industry representatives to— 
(1) review the October 2010 report by the Gov-
ernment 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 in-
terpretation 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 Ad-
ministration’s Flight Standards Service and Aircraft 
Certification Service; and 
(3) develop recommendations to improve com-
munications between the Administration’s Flight 
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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. 
‘‘44704. Type certificates, production certificates, airworthiness certificates, and 
design and production organization certificates.’’. 
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 Adminis-
trator 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 run-
way safety plan— 
(A) shall include, at a minimum— 
(i) goals to improve runway safety; 
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(ii) near and long term actions de-
signed to reduce the severity, number, and 
rate of runway incursions, losses of stand-
ard 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 re-
ferred to in clause (i); and 
(v) a review of every commercial serv-
ice airport (as defined in section 47102 of 
title 49, United States Code) in the United 
States and proposed action to improve air-
port lighting, provide better signs, and im-
prove runway and taxiway markings; and 
(B) shall address the increased runway 
safety risk associated with the expected in-
creased volume of air traffic. 
(b) PROCESS.—Not later than 6 months after the 
date of enactment of this Act, the Administrator shall de-
velop a process for tracking and investigating operational 
errors, losses of standard separation, and runway incur-
sions that includes procedures for— 
(1) identifying who is responsible for tracking 
operational errors, losses of standard separation, 
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and runway incursions, including a process for lower 
level employees to report to higher supervisory levels 
and for frontline managers to receive the informa-
tion 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 Ad-
ministrator 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 Im-
plementation 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 im-
proved pilot licenses consistent with the requirements of 
title 49, United States Code, and title 14, Code of Federal 
Regulations. 
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(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 pho-
tograph, a biometric identifier, and any other unique 
identifier that the Administrator considers nec-
essary. 
(c) TAMPERING.—To the extent practical, the Admin-
istrator shall develop methods to determine or reveal 
whether any component or security feature of a license 
issued under subsection (a) has been tampered with, al-
tered, or counterfeited. 
(d) USE OF DESIGNEES.—The Administrator may 
use designees to carry out subsection (a) to the extent fea-
sible 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 Sen-
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ate a report on the issuance of improved pilot li-
censes under this section. 
(2) EXPIRATION.—The Administrator shall not 
be required to submit annual reports under this sub-
section after the date on which the Administrator 
begins issuing improved pilot licenses under this sec-
tion or December 31, 2015, whichever occurs first. 
SEC. 308. FLIGHT ATTENDANT FATIGUE. 
(a) STUDY.—The Administrator of the Federal Avia-
tion 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 fol-
lowing: 
(1) A survey of field operations of flight attend-
ants. 
(2) A study of incident reports regarding flight 
attendant fatigue. 
(3) A review of international policies and prac-
tices regarding flight limitations and rest of flight 
attendants. 
(4) An analysis of potential benefits of training 
flight attendants regarding fatigue. 
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(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 indi-
vidual, 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 oper-
ations 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 Com-
merce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the 
House of Representatives a report on the Flight Stand-
ards Evaluation Program, including the Administrator’s 
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findings and recommendations with respect to the pro-
gram. 
(c) FLIGHT STANDARDS EVALUATION PROGRAM DE-
FINED.—In this section, the term ‘‘Flight Standards Eval-
uation 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 add-
ing at the end the following: 
‘‘§ 44730. Helicopter air ambulance operations 
‘‘(a) COMPLIANCE REGULATIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 6 months after the date of 
enactment of this section, part 135 certificate hold-
ers providing air ambulance services shall comply, 
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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 de-
scribed 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 avail-
able. 
‘‘(b) RULEMAKING.—The Administrator shall con-
duct 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 Ad-
ministrator shall address the following: 
‘‘(1) Flight request and dispatch procedures, in-
cluding performance-based flight dispatch proce-
dures. 
‘‘(2) Pilot training standards, including— 
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‘‘(A) mandatory training requirements, in-
cluding a minimum time for completing the 
training requirements; 
‘‘(B) training subject areas, such as com-
munications procedures and appropriate tech-
nology 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 equip-
ment, including— 
‘‘(A) helicopter terrain awareness and 
warning systems; 
‘‘(B) radar altimeters; 
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‘‘(C) devices that perform the function of 
flight data recorders and cockpit voice record-
ers, to the extent feasible; and 
‘‘(D) safety equipment that should be worn 
or used by flight crewmembers and medical per-
sonnel on a flight, including the possible use of 
shoulder harnesses, helmets, seatbelts, and fire 
resistant clothing to enhance crash surviv-
ability. 
‘‘(4) Such other matters as the Administrator 
considers appropriate. 
‘‘(d) MINIMUM REQUIREMENTS.—In issuing a final 
rule under subsection (b), the Administrator, at a min-
imum, shall provide for the following: 
‘‘(1) FLIGHT
RISK
EVALUATION
PROGRAM.— 
The Administrator shall ensure that a part 135 cer-
tificate 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 
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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 certifi-
cate holder providing helicopter air ambulance serv-
ices 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. 
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‘‘§ 44731. Collection of data on helicopter air ambu-
lance operations 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall require a part 135 cer-
tificate 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 fol-
lowing data: 
‘‘(1) The number of helicopters that the certifi-
cate 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 oper-
ated by the certificate holder were providing heli-
copter air ambulance services. 
‘‘(3) The number of flight requests for a heli-
copter providing air ambulance services that were 
accepted or declined by the certificate holder and the 
type of each such flight request (such as scene re-
sponse, 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. 
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‘‘(5) The number of flights and hours flown 
under instrument flight rules by helicopters operated 
by the certificate holder while providing air ambu-
lance 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 re-
port submitted by a part 135 certificate holder under sub-
section (a) shall relate to such reporting period as the Ad-
ministrator 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 informa-
tion 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 
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House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
containing a summary of the data collected under sub-
section (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 develop-
ment and maintenance of helicopter approach proce-
dures’’. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 447 is amended by adding at the end the following: 
‘‘Sec. 44730. Helicopter air ambulance operations. 
‘‘Sec. 44731. Collection of data on helicopter air ambulance operations.’’. 
SEC. 312. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATH-
ER OBSERVATION TECHNOLOGY. 
(a) STUDY.—The Administrator of the Federal Avia-
tion 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 alter-
natives (including automated weather observation sta-
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tions), 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 Avia-
tion Administration shall carry out a study on the feasi-
bility of requiring pilots of helicopters providing air ambu-
lance 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 In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study. 
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SEC. 314. PROHIBITION ON PERSONAL USE OF ELEC-
TRONIC DEVICES ON FLIGHT DECK. 
(a) IN GENERAL.—Chapter 447 (as amended by this 
Act) is further amended by adding at the end the fol-
lowing: 
‘‘§ 44733. Use of electronic devices on flight deck 
‘‘(a) IN GENERAL.—It is unlawful for a flight crew-
member 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 em-
ployment-related communications, in accordance with pro-
cedures established by the air carrier and the Adminis-
trator 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. 
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‘‘(d) PERSONAL WIRELESS COMMUNICATIONS DE-
VICE DEFINED.—In this section, the term ‘personal wire-
less 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 in-
serting ‘‘title; or’’; and 
(3) by adding at the end the following: 
‘‘(10) violate section 44733 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: 
‘‘44733. 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 rule-
making 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.— 
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(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration shall review rel-
evant air carrier data and carry out a study— 
(A) to identify common sources of distrac-
tion 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 con-
tains— 
(A) the findings of the study conducted 
under paragraph (1); and 
(B) recommendations regarding how to re-
duce 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 re-
quiring that covered work on an aircraft used to provide 
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air transportation under part 121 of title 14, Code of Fed-
eral 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 em-
ployed by— 
(1) a part 121 air carrier; 
(2) a part 145 repair station or a person au-
thorized under section 43.17 of title 14, Code of 
Federal Regulations; or 
(3) subject to subsection (c), a person that— 
(A) provides contract maintenance work-
ers, 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 per-
formed 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 re-
pair station shall be directly in charge of the covered 
work being performed. 
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(2) The covered work shall be carried out in ac-
cordance with the part 121 air carrier’s maintenance 
manual. 
(d) DEFINITIONS.—In this section, the following defi-
nitions 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 fol-
lowing: 
‘‘§ 44734. 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 imple-
ment a safety assessment system for each part 145 repair 
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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 au-
thorities 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 mainte-
nance implementation agreements with the United 
States to provide an opportunity for the Federal 
Aviation Administration to conduct independent in-
spections 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 Com-
mittee on Transportation and Infrastructure of the House 
of Representatives on or before the 30th day after initi-
ating formal negotiations with a foreign aviation authority 
or other appropriate foreign government agency on a new 
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maintenance safety or maintenance implementation agree-
ment. 
‘‘(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 in-
spectors needed for the oversight and implementa-
tion; 
‘‘(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 imple-
mentation agreement with the United States; and 
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‘‘(5) specify the number of sample inspections 
performed by Federal Aviation Administration in-
spectors at each repair station that is covered by a 
maintenance safety or maintenance implementation 
agreement with the United States. 
‘‘(d) ALCOHOL AND CONTROLLED SUBSTANCE TEST-
ING PROGRAM REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary of State and 
the Secretary of Transportation shall request, joint-
ly, the governments of foreign countries that are 
members of the International Civil Aviation Organi-
zation to establish international standards for alco-
hol 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 car-
rier aircraft are subject to an alcohol and controlled 
substances testing program that is determined ac-
ceptable by the Administrator and is consistent with 
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the applicable laws of the country in which the re-
pair 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 re-
quired 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: 
‘‘44734. Inspection of foreign repair stations.’’. 
SEC. 317. SUNSET OF LINE CHECK. 
Section 44729(h) is amended by adding at the end 
the following: 
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‘‘(4) SUNSET OF LINE CHECK.—Paragraph (2) 
shall cease to be effective following the one-year pe-
riod beginning on the date of enactment of the FAA 
Reauthorization and Reform Act of 2011 unless the 
Secretary certifies that the requirements of para-
graph (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 spe-
cific 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 air-
craft. 
(3) PUBLIC UNMANNED AIRCRAFT SYSTEM.— 
The term ‘‘public unmanned aircraft system’’ means 
an unmanned aircraft system that meets the quali-
fications and conditions required for operation of a 
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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 air-
craft 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 ‘‘un-
manned 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 commu-
nication links and the components that control the 
unmanned aircraft) that are required for the pilot in 
command to operate safely and efficiently in the na-
tional airspace system. 
SEC. 322. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS IN-
TEGRATION 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 
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representatives of the aviation industry and the un-
manned aircraft systems industry, shall develop a 
comprehensive plan to safely integrate commercial 
unmanned aircraft systems into the national air-
space 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 projec-
tions for the rulemaking to be conducted under 
subsection (b)— 
(i) to define the acceptable standards 
for operations and certification of commer-
cial unmanned aircraft systems; 
(ii) to ensure that commercial un-
manned aircraft systems include a sense 
and avoid capability, if necessary for safety 
purposes; and 
(iii) to develop standards and require-
ments for the operator and pilot of a com-
mercial unmanned aircraft system, includ-
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ing standards and requirements for reg-
istration and licensing; 
(C) recommend how best to enhance the 
technologies and subsystems necessary to pro-
vide for the safe and routine operations of com-
mercial unmanned aircraft systems in the na-
tional airspace system; and 
(D) recommend how a phased-in approach 
for the integration of commercial unmanned 
aircraft systems into the national airspace sys-
tem 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 inte-
gration of commercial unmanned aircraft systems 
into the national airspace system not later than Sep-
tember 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 de-
veloped under paragraph (1); and 
(B) annually thereafter, a report on the ac-
tivities of the Secretary under this section. 
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(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 im-
plement the recommendations of the integration plan. 
SEC. 323. SPECIAL RULES FOR CERTAIN UNMANNED AIR-
CRAFT SYSTEMS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary shall deter-
mine 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 SYS-
TEMS.—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, oper-
ational capability, proximity to airports and popu-
lation areas, and operation within visual line-of-sight 
do not create a hazard to users of the national air-
space system or the public or pose a threat to na-
tional security; and 
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(2) whether a certificate of waiver, certificate of 
authorization, or airworthiness certification under 
section 44704 of title 49, United States Code, is re-
quired for the operation of unmanned aircraft sys-
tems identified under paragraph (1). 
(c) REQUIREMENTS FOR SAFE OPERATION.—If the 
Secretary determines under this section that certain un-
manned aircraft systems may operate safely in the na-
tional airspace system, the Secretary shall establish re-
quirements 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 air-
craft systems to— 
(1) expedite the issuance of a certificate of au-
thorization process; 
(2) provide for a collaborative process with pub-
lic agencies to allow for an incremental expansion of 
access to the national airspace system as technology 
matures. the necessary safety analysis and data be-
come available, and until standards are completed 
and technology issues are resolved; and 
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(3) facilitate the capability of public agencies to 
develop and use test ranges, subject to operating re-
strictions required by the Federal Aviation Adminis-
tration, to test and operate unmanned aircraft sys-
tems. 
(b) STANDARDS
FOR OPERATION
AND CERTIFI-
CATION.—Not later than December 31, 2015, the Sec-
retary shall develop and implement operational and certifi-
cation standards for operation of public unmanned air-
craft systems. 
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 oper-
ating certificate issued under title 14, Code of Fed-
eral Regulations, may not knowingly employ, or 
make a contractual arrangement that permits, an in-
dividual to act as an agent or representative of the 
certificate holder in any matter before the Federal 
Aviation Administration if the individual, in the pre-
ceding 2-year period— 
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‘‘(A) served as, or was responsible for over-
sight of, a flight standards inspector of the Ad-
ministration; and 
‘‘(B) had responsibility to inspect, or over-
see inspection of, the operations of the certifi-
cate holder. 
‘‘(2) WRITTEN AND ORAL COMMUNICATIONS.— 
For purposes of paragraph (1), an individual shall 
be considered to be acting as an agent or representa-
tive of a certificate holder in a matter before the Ad-
ministration if the individual makes any written or 
oral communication on behalf of the certificate hold-
er 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 Admin-
istration.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall not apply to an individual employed by 
a certificate holder as of the date of enactment of this 
Act. 
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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 employ-
ees conducting a monthly review of the air transpor-
tation 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— 
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(A) any trends in regulatory compliance 
discovered by the team of employees in con-
ducting the monthly review; and 
(B) any corrective actions taken or pro-
posed to be taken in response to the trends. 
(c) BIANNUAL REPORTS TO CONGRESS.—The Ad-
ministrator, on a biannual basis, shall submit to the Com-
mittee 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 Disclo-
sure 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 Fed-
eral Aviation Administration shall modify the Voluntary 
Disclosure Reporting Program to require inspectors to— 
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(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 in-
spector or self-disclosed by the air carrier. 
(c) SUPERVISORY REVIEW OF VOLUNTARY SELF-DIS-
CLOSURES.—The Administrator shall establish a process 
by which voluntary self-disclosures received from air car-
riers 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 Pro-
gram. 
(2) REVIEW.—In conducting the study, the In-
spector General shall examine, at a minimum, if the 
Administration— 
(A) conducts comprehensive reviews of vol-
untary disclosure reports before closing a vol-
untary disclosure report under the provisions of 
the program; 
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(B) evaluates the effectiveness of corrective 
actions taken by air carriers; and 
(C) effectively prevents abuse of the vol-
untary 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 Trans-
portation of the Senate a report on the results of the 
study conducted under this section. 
SEC. 334. AVIATION WHISTLEBLOWER INVESTIGATION OF-
FICE. 
Section 106 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(s) AVIATION SAFETY WHISTLEBLOWER INVES-
TIGATION 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 sub-
section referred to as the ‘Office’). 
‘‘(2) DIRECTOR.— 
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‘‘(A) APPOINTMENT.—The head of the Of-
fice shall be the Director, who shall be ap-
pointed by the Secretary of Transportation. 
‘‘(B) 
QUALIFICATIONS.—The 
Director 
shall have a demonstrated ability in investiga-
tions and knowledge of or experience in avia-
tion. 
‘‘(C) TERM.—The Director shall be ap-
pointed 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 ap-
pointed shall be appointed for the remainder of 
that term. 
‘‘(3) COMPLAINTS AND INVESTIGATIONS.— 
‘‘(A) AUTHORITY OF DIRECTOR.—The Di-
rector shall— 
‘‘(i) receive complaints and informa-
tion submitted by employees of persons 
holding certificates issued under title 14, 
Code of Federal Regulations, and employ-
ees of the Agency concerning the possible 
existence of an activity relating to a viola-
tion of an order, regulation, or standard of 
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the Agency or any other provision of Fed-
eral law relating to aviation safety; 
‘‘(ii) assess complaints and informa-
tion submitted under clause (i) and deter-
mine whether a substantial likelihood ex-
ists that a violation of an order, regulation, 
or standard of the Agency or any other 
provision of Federal law relating to avia-
tion safety has occurred; and 
‘‘(iii) based on findings of the assess-
ment conducted under clause (ii), make 
recommendations to the Administrator in 
writing for further investigation or correc-
tive actions. 
‘‘(B) DISCLOSURE
OF
IDENTITIES.—The 
Director shall not disclose the identity of an in-
dividual who submits a complaint or informa-
tion under subparagraph (A)(i) unless— 
‘‘(i) the individual consents to the dis-
closure in writing; or 
‘‘(ii) the Director determines, in the 
course of an investigation, that the disclo-
sure is required by regulation, statute, or 
court order, or is otherwise unavoidable, in 
which case the Director shall provide the 
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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 pro-
hibit 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 con-
ducting an assessment of a complaint or infor-
mation submitted under subparagraph (A)(i), 
the Director shall have access to all records, re-
ports, audits, reviews, documents, papers, rec-
ommendations, and other material necessary to 
determine whether a substantial likelihood ex-
ists 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 Ad-
ministrator receives a report with respect to an in-
vestigation, the Administrator shall respond to a rec-
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ommendation made by the Director under subpara-
graph (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 de-
termines there is a substantial likelihood that a vio-
lation of an order, regulation, or standard of the 
Agency or any other provision of Federal law relat-
ing to aviation safety has occurred that requires im-
mediate corrective action, the Director shall report 
the potential violation expeditiously to the Adminis-
trator and the Inspector General of the Department 
of Transportation. 
‘‘(6) REPORTING OF CRIMINAL VIOLATIONS TO 
INSPECTOR GENERAL.—If the Director has reason-
able grounds to believe that there has been a viola-
tion of Federal criminal law, the Director shall re-
port the violation expeditiously to the Inspector Gen-
eral. 
‘‘(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 submis-
sions of complaints and information received by 
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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 pro-
ceeding, if such a proceeding has not already been initi-
ated, 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 con-
ducting operations under part 121 or 135 of such title, 
to apply the period of the additional assignment (regard-
less of whether the assignment is performed by the flight 
crewmember before or after an assignment to fly under 
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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 appli-
cable to the flight crewmember relating to duty periods 
or flight times under part 135 of such title. 
(c) SEPARATE
RULEMAKING
PROCEEDINGS
RE-
QUIRED.—The rulemaking proceeding required under sub-
section (b) shall be separate from the rulemaking pro-
ceeding required under subsection (a). 
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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 sub-
paragraph (F); 
(2) by striking ‘‘and’’ at the end of subpara-
graph (D); and 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(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 TERMI-
NATION OF ELIGIBILITY FOR SUBSIDIZED ES-
SENTIAL AIR SERVICE. 
Section 41733 is amended by adding at the end the 
following: 
‘‘(f) NOTICE TO COMMUNITIES PRIOR TO TERMI-
NATION OF ELIGIBILITY.— 
‘‘(1) IN GENERAL.—The Secretary shall notify 
each community receiving basic essential air service 
for which compensation is being paid under this sub-
chapter on or before the 45th day before issuing any 
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final decision to end the payment of such compensa-
tion 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 di-
rectly with an air carrier to ensure that the air car-
rier 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 compensa-
tion that could be provided under this sub-
chapter to an air carrier serving such commu-
nity that would comply with the subsidy cap. 
‘‘(4) SUBSIDY
CAP
DEFINED.—In this sub-
section, the term ‘subsidy cap’ means the subsidy 
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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 subpara-
graph (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 Sec-
retary 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 improv-
ing on-time performance, reducing the number of 
flight cancellations, establishing convenient connec-
tions to flights providing service beyond hub air-
ports, and increasing marketing efforts; and 
‘‘(E) include provisions under which the Sec-
retary 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 pub-
lic interest to do so.’’. 
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(b) DEADLINE FOR ISSUANCE OF REVISED GUID-
ANCE.—Not later than 18 months after the date of enact-
ment of this Act, the Secretary of Transportation shall 
issue revised guidelines governing the rate of compensa-
tion 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 Rep-
resentatives 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 sub-
chapter 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: 
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‘‘(A) $50,000,000 for each fiscal year 
through fiscal year 2013; and 
‘‘(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 appro-
priated $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 DE-
VELOPMENT.—For each of fiscal years 2011 
through 2014, if the funds credited to the ac-
count established under section 45303 in a fis-
cal year exceed the amount made available 
under paragraph (1) for that fiscal year, the ex-
cess funds, but not more than $6,000,000, shall 
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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 activi-
ties, 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 fol-
lows: 
‘‘(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 pro-
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gram 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 subpara-
graph (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 air-
port.’’. 
(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 SIGNIFI-
CANTLY INCREASED COSTS. 
(a) 
EMERGENCY
ACROSS-THE-BOARD
ADJUST-
MENT.—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 
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of title 49, United States Code, to compensate such car-
riers for increased aviation fuel costs without regard to 
any agreement or requirement relating to the renegoti-
ation of contracts or any notice requirement under section 
41734 of such title. 
(b) EXPEDITED PROCESS FOR ADJUSTMENTS TO IN-
DIVIDUAL CONTRACTS.— 
(1) IN GENERAL.—Section 41734(d) is amend-
ed 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 PRO-
GRAM. 
Section 41747, and the item relating to section 
41747 in the analysis for chapter 417, are repealed. 
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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: 
‘‘§ 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 sub-
chapter shall sunset on October 1, 2013. 
‘‘(b) ALASKA AND HAWAII.—The Secretary may con-
tinue 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 relat-
ing 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 ‘‘sched-
uled’’ and inserting ‘‘passenger’’; and 
(2) by striking subsections (a) and (b) and in-
serting the following: 
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‘‘(a) SMOKING PROHIBITION IN INTERSTATE AND 
INTRASTATE AIR TRANSPORTATION.—An individual may 
not smoke— 
‘‘(1) in an aircraft in scheduled passenger inter-
state 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 pro-
hibit smoking— 
‘‘(1) in an aircraft in scheduled passenger for-
eign 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 chap-
ter 417 is amended by striking the item relating to section 
41706 and inserting the following: 
‘‘41706. Prohibitions against smoking on passenger flights.’’. 
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(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 sub-
mit to the Committee on Transportation and Infrastruc-
ture 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 COMPENSA-
TION.—Not later than 6 months after the date of enact-
ment of this Act, and every 2 years thereafter, the Sec-
retary of Transportation shall evaluate the amount pro-
vided 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. 
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agreement with a commercial air tour operator 
(including a new entrant commercial air tour 
operator and an operator that has interim oper-
ating 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 nec-
essary 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 vol-
untary agreement; and 
‘‘(iii) provide for fees for such oper-
ations. 
‘‘(C) PUBLIC.—The Director and the Ad-
ministrator shall provide an opportunity for 
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‘‘(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 AVIA-
TION
SECURITY
PROJECTS’’ and inserting 
‘‘PROJECTS, 
AVIATION
SECURITY
PROJECTS, 
AND
ANY
NEXTGEN
ENVIRONMENTAL
EFFI-
CIENCY PROJECTS’’; 
(B) in subparagraph (A) by striking ‘‘or 
aviation security project’’ and inserting ‘‘, an 
aviation security project, or any NextGen envi-
ronmental efficiency project’’; and 
(C) in subparagraph (B) by striking ‘‘or 
aviation security project’’ and inserting ‘‘, avia-
tion security project, or NextGen environmental 
efficiency project’’. 
(c) HIGH
PRIORITY
FOR
ENVIRONMENTAL
RE-
VIEWS.—Section 47171(c)(1) is amended by striking ‘‘an 
airport capacity enhancement project at a congested air-
port’’ and inserting ‘‘a project described in subsection 
(b)(1)’’. 
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sroberts on DSK3CLS3C1PROD with BILLS
215 
sections (b) and (c) of section 4507a (relating 
to Meritorious Senior Professional or Distin-
guished Senior Professional rank awards), ex-
cept 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 Administra-
tion executive; 
‘‘(III) the term ‘career appointee’ 
means a Federal Aviation Administra-
tion career executive; and 
‘‘(IV) the term ‘senior career em-
ployee’ means a Federal Aviation Ad-
ministration 
career 
senior 
profes-
sional; 
‘‘(ii) receipt by a career appointee or 
a senior career employee of the rank of 
Meritorious Executive or Meritorious Sen-
ior Professional entitles the individual to a 
lump-sum payment of an amount equal to 
20 percent of annual basic pay, which shall 
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sroberts on DSK3CLS3C1PROD with BILLS