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and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives. The report shall include any conclusions of the 
Comptroller resulting from the study. 
SEC. 726. ON-GOING MONITORING OF AND REPORT ON THE 
NEW YORK/NEW JERSEY/PHILADELPHIA MET-
ROPOLITAN AREA AIRSPACE REDESIGN. 
Not later than 270 days after the date of the enactment 
of this Act and every 180 days thereafter until the comple-
tion of the New York/New Jersey/Philadelphia Metropolitan 
Area Airspace Redesign, the Administrator of the Federal 
Aviation Administration shall, in conjunction with the 
Port Authority of New York and New Jersey and the Phila-
delphia International Airport— 
(1) monitor the air noise impacts of the New 
York/New Jersey/Philadelphia Metropolitan Area Air-
space Redesign; and 
(2) submit to Congress a report on the findings 
of the Administrator with respect to the monitoring 
described in paragraph (1). 
SEC. 727. STUDY ON AVIATION FUEL PRICES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study and report to 
Congress on the impact of increases in aviation fuel prices
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on the Airport and Airway Trust Fund and the aviation 
industry in general. The study shall include the impact of 
increases in aviation fuel prices on— 
(1) general aviation; 
(2) commercial passenger aviation; 
(3) piston aircraft purchase and use; 
(4) the aviation services industry, including re-
pair and maintenance services; 
(5) aviation manufacturing; 
(6) aviation exports; and 
(7) the use of small airport installations. 
(b) ASSUMPTIONS ABOUT AVIATION FUEL PRICES.— 
In conducting the study required by subsection (a), the 
Comptroller General shall use the average aviation fuel 
price for fiscal year 2010 as a baseline and measure the 
impact of increases in aviation fuel prices that range from 
5 percent to 200 percent over the 2010 baseline. 
SEC. 728. LAND CONVEYANCE FOR SOUTHERN NEVADA SUP-
PLEMENTAL AIRPORT. 
(a) DEFINITIONS.—In this section: 
(1) COUNTY.—The term ‘‘County’’ means Clark 
County, Nevada. 
(2) PUBLIC
LAND.—The term ‘‘public land’’ 
means the land located at—
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(A) sec. 23 and sec. 26, T. 26 S., R. 59 E., 
Mount Diablo Meridian; 
(B) the NE 1⁄4 and the N 1⁄2 of the SE 1⁄4 
of sec. 6, T. 25 S., R. 59 E., Mount Diablo Me-
ridian, together with the SE 1⁄4 of sec. 31, T. 24 
S., R. 59 E., Mount Diablo Meridian; and 
(C) sec. 8, T. 26 S., R. 60 E., Mount Diablo 
Meridian. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) LAND CONVEYANCE.— 
(1) IN GENERAL.—As soon as practicable after 
the date described in paragraph (2), subject to valid 
existing rights, and notwithstanding the land use 
planning requirements of sections 202 and 203 of the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1712, 1713), the Secretary shall convey to 
the County, without consideration, all right, title, and 
interest of the United States in and to the public 
land. 
(2) DATE
ON
WHICH
CONVEYANCE
MAY
BE 
MADE.—The Secretary shall not make the conveyance 
described in paragraph (1) until the later of the date 
on which the Administrator of the Federal Aviation 
Administration has—
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(A) approved an airport layout plan for an 
airport to be located in the Ivanpah Valley; and 
(B) with respect to the construction and op-
eration of an airport on the site conveyed to the 
County pursuant to section 2(a) of the Ivanpah 
Valley Airport Public Lands Transfer Act (Pub-
lic Law 106–362; 114 Stat. 1404), issued a 
record of decision after the preparation of an en-
vironmental impact statement or similar anal-
ysis required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
(3) WITHDRAWAL.—Subject to valid existing 
rights, the public land to be conveyed under para-
graph (1) is withdrawn from— 
(A) location, entry, and patent under the 
mining laws; and 
(B) operation of the mineral leasing and 
geothermal leasing laws. 
(4) USE.—The public land conveyed under para-
graph (1) shall be used for the development of flood 
mitigation infrastructure for the Southern Nevada 
Supplemental Airport.
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SEC. 729. CLARIFICATION OF REQUIREMENTS FOR VOLUN-
TEER PILOTS OPERATING CHARITABLE MED-
ICAL FLIGHTS. 
In administering part 61.113(c) of title 14, Code of 
Federal Regulations, the Administrator of the Federal Avia-
tion Administration shall allow an aircraft owner or air-
craft operator who has volunteered to provide transpor-
tation for an individual or individuals for medical pur-
poses to accept reimbursement to cover all or part of the 
fuel costs associated with the operation from a volunteer 
pilot organization. 
SEC. 730. CYLINDERS OF COMPRESSED OXYGEN, NITROUS 
OXIDE, OR OTHER OXIDIZING GASES. 
(a) IN GENERAL.—The transportation within Alaska 
of cylinders of compressed oxygen, nitrous oxide, or other 
oxidizing gases aboard aircraft shall be exempt from com-
pliance with the requirements, under sections 173.302(f)(3) 
and (f)(4) and 173.304(f)(3) and (f)(4) of the Pipeline and 
Hazardous Material Safety Administration’s regulations 
(49 C.F.R. 173.302(f)(3) and (f)(4) and 173.304(f)(3) and 
(f)(4)), that oxidizing gases transported aboard aircraft be 
enclosed in outer packaging capable of passing the flame 
penetration and resistance test and the thermal resistance 
test, without regard to the end use of the cylinders, if— 
(1) there is no other practical means of transpor-
tation for transporting the cylinders to their destina-
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tion and transportation by ground or vessel is un-
available; and 
(2) the transportation meets the requirements of 
subsection (b). 
(b) EXEMPTION REQUIREMENTS.—Subsection (a) shall 
not apply to the transportation of cylinders of compressed 
oxygen, nitrous oxide, or other oxidizing gases aboard air-
craft unless the following requirements are met: 
(1) PACKAGING.— 
(A) SMALLER CYLINDERS.—Each cylinder 
with a capacity of not more than 116 cubic feet 
shall be— 
(i) fully covered with a fire or flame 
resistant blanket that is secured in place; 
and 
(ii) placed in a rigid outer packaging 
or an ATA 300 Category 1 shipping con-
tainer. 
(B) LARGER
CYLINDERS.—Each cylinder 
with a capacity of more than 116 cubic feet but 
not more than 281 cubic feet shall be— 
(i) secured within a frame; 
(ii) fully covered with a fire or flame 
resistant blanket that is secured in place; 
and
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(iii) fitted with a securely attached 
metal cap of sufficient strength to protect 
the valve from damage during transpor-
tation. 
(2) OPERATIONAL CONTROLS.— 
(A) STORAGE; ACCESS
TO
FIRE
EXTIN-
GUISHERS.—Unless the cylinders are stored in a 
Class C cargo compartment or its equivalent on 
the aircraft, crew members shall have access to 
the cylinders and at least 2 fire extinguishers 
shall be readily available for use by the crew 
members. 
(B) SHIPMENT
WITH
OTHER
HAZARDOUS 
MATERIALS.—The cylinders may not be trans-
ported in the same aircraft with other hazardous 
materials other than Division 2.2 materials with 
no subsidiary risk, Class 9 materials, and ORM– 
D materials. 
(3) AIRCRAFT REQUIREMENTS.— 
(A) AIRCRAFT
TYPE.—The transportation 
shall be provided only aboard a passenger-car-
rying aircraft or a cargo aircraft. 
(B) PASSENGER-CARRYING AIRCRAFT.— 
(i) SMALLER CYLINDERS ONLY.—A cyl-
inder with a capacity of more than 116
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cubic feet may not be transported aboard a 
passenger-carrying aircraft. 
(ii) MAXIMUM NUMBER.—Unless trans-
ported in a Class C cargo compartment or 
its equivalent, no more than 6 cylinders in 
each cargo compartment may be trans-
ported aboard a passenger-carrying air-
craft. 
(C) CARGO AIRCRAFT.—A cylinder may not 
be transported aboard a cargo aircraft unless it 
is transported in a Class B cargo compartment 
or a Class C cargo compartment or its equiva-
lent. 
(c) DEFINITIONS.—Terms used in this section shall 
have the meaning given those terms in parts 106, 107, and 
171 through 180 of the Pipeline and Hazardous Material 
Safety Administration’s regulations (49 C.F.R. parts 106, 
107, and 171–180). 
SEC. 731. TECHNICAL CORRECTION. 
Section 159(b)(2)(C) of title I of division A of the Con-
solidated Appropriations Act, 2010, is amended by striking 
clauses (i) and (ii) and inserting the following: 
‘‘(i) requiring inspections of any con-
tainer containing a firearm or ammuni-
tion; and
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‘‘(ii) the temporary suspension of fire-
arm carriage service if credible intelligence 
information indicates a threat related to the 
national rail system or specific routes or 
trains.’’. 
SEC. 732. PLAN FOR FLYING SCIENTIFIC INSTRUMENTS ON 
COMMERCIAL FLIGHTS. 
(a) PLAN DEVELOPMENT.—Not later than 270 days 
after the date of the enactment of this Act, the Secretary 
of Transportation and the Secretary of Commerce, in con-
sultation with interested representatives of the aviation in-
dustry and other relevant agencies, shall develop a plan and 
process to allow Federal agencies to fly scientific instru-
ments on commercial flights with airlines who volunteer, 
for the purpose of taking measurements to improve weather 
forecasting. 
SEC. 733. PROHIBITION AGAINST AIMING A LASER POINTER 
AT AN AIRCRAFT. 
(a) OFFENSE.—Chapter 2 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 39A. Aiming a laser pointer at an aircraft 
‘‘(a) Whoever knowingly aims the beam of a laser 
pointer at an aircraft in the special aircraft jurisdiction 
of the United States, or at the flight path of such an air-
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craft, shall be fined under this title or imprisoned not more 
than 5 years, or both. 
‘‘(b) As used in this section, the term ‘laser pointer’ 
means any device designed or used to amplify electro-
magnetic radiation by stimulated emission that emits a 
beam designed to be used by the operator as a pointer or 
highlighter to indicate, mark, or identify a specific position, 
place, item, or object. 
‘‘(c) This section does not prohibit aiming a beam of 
a laser pointer at an aircraft, or the flight path of such 
an aircraft, by— 
‘‘(1) an authorized individual in the conduct of 
research and development or flight test operations 
conducted by an aircraft manufacturer, the Federal 
Aviation Administration, or any other person author-
ized by the Federal Aviation Administration to con-
duct such research and development or flight test op-
erations; 
‘‘(2) members or elements of the Department of 
Defense or Department of Homeland Security acting 
in an official capacity for the purpose of research, de-
velopment, operations, testing or training; or 
‘‘(3) by an individual using a laser emergency 
signaling device to send an emergency distress signal.
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‘‘(d) The Attorney General, in consultation with the 
Secretary of Transportation, may provide by regulation, 
after public notice and comment, such additional exceptions 
to this section, as may be necessary and appropriate. The 
Attorney General shall provide written notification of any 
proposed regulations under this section to the Committees 
on the Judiciary of the Senate and the House of Representa-
tives, the Committee on Commerce, Science and Transpor-
tation of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives, not less 
than 90 days before such regulations become final.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 2 of title 18, United States Code, 
is amended by inserting after the item relating to section 
39 the following new item: 
‘‘39A. Aiming a laser pointer at an aircraft.’’. 
SEC. 734. CRIMINAL PENALTY FOR UNAUTHORIZED RE-
CORDING OR DISTRIBUTION OF SECURITY 
SCREENING IMAGES. 
(a) IN GENERAL.—Part I of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘CHAPTER 124—UNAUTHORIZED RECORD-
ING AND DISTRIBUTION OF SECURITY 
SCREENING IMAGES 
‘‘Sec. 
‘‘2731. Criminal penalty for unauthorized recording and distribution of security 
screening images.
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‘‘SEC. 2731. CRIMINAL PENALTY FOR UNAUTHORIZED RE-
CORDING AND DISTRIBUTION OF SECURITY 
SCREENING IMAGES. 
‘‘(a) IN GENERAL.—Except as specifically provided in 
subsection (b), it shall be unlawful for an individual— 
‘‘(1) to photograph or otherwise record an image 
produced using advanced imaging technology during 
the screening of an individual at an airport, or upon 
entry into any building owned or operated by the 
Federal Government, without express authorization 
pursuant to a Federal law or regulation; or 
‘‘(2) to knowingly distribute any such image to 
any individual who is not authorized pursuant to a 
Federal law or regulation to receive the image. 
‘‘(b) EXCEPTION.—The prohibition under subsection 
(a) shall not apply to an individual who, while engaged 
in or on account of the performance of official duties, dis-
tributes, photographs, or otherwise records an image de-
scribed in subsection (a) during the course of authorized 
intelligence activities, a Federal, State, or local criminal 
investigation or prosecution, or other lawful activities by 
Federal, State, or local authorities, including training for 
intelligence or law enforcement purposes. 
‘‘(c) PENALTY.—An individual who violates the prohi-
bition in subsection (a) shall be fined under this title, im-
prisoned for not more than 1 year, or both.
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‘‘(d) ADVANCED IMAGING TECHNOLOGY DEFINED.—In 
this section, the term ‘advanced imaging technology’— 
‘‘(1) means a device that creates a visual image 
of an individual showing the surface of the skin be-
neath clothing and revealing other objects on the body 
that are covered by clothing; 
‘‘(2) may include devices using backscatter x- 
rays or millimeter waves and devices referred to as 
‘whole-body imaging technology’ or ‘body scanning’; 
and 
‘‘(3) does not include a device equipped with 
software that produces a generic representation of the 
human form instead of a visual image of an indi-
vidual.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of chapters for part I of title 18, United States Code, 
is amended by inserting after the item relating to chapter 
123 the following: 
‘‘124. Unauthorized recording and distribution of security screening im-
ages ......................................................................................
2731’’. 
SEC. 735. APPROVAL OF APPLICATIONS FOR THE SECURITY 
SCREENING OPT-OUT PROGRAM. 
Section 44920(b) of title 49, United States Code, is 
amended to read as follows: 
‘‘(b) APPROVAL OF APPLICATIONS.—
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‘‘(1) IN GENERAL.—Not later than 30 days after 
receiving an application submitted under subsection 
(a), the Under Secretary may approve the applica-
tion. 
‘‘(2) RECONSIDERATION OF REJECTED APPLICA-
TIONS.—Not later than 30 days after the date of the 
enactment of the FAA Air Transportation Moderniza-
tion and Safety Improvement Act, the Under Sec-
retary shall reconsider and approve any application 
to have the screening of passengers and property at 
an airport carried out by the screening personnel of 
a qualified private screening company that was sub-
mitted under subsection (a) and was pending on any 
day between January 1, 2011, and February 3, 2011, 
if Under Secretary determines that the application 
demonstrates that having the screening of passengers 
and property carried out by such screening personnel 
will provide security that is equal to or greater than 
the level that would be provided by Federal Govern-
ment personnel. 
‘‘(3) REPORT.—If the Under Secretary denies an 
application submitted under subsection (a), the Under 
Secretary shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure
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of the House of Representatives a report that describes 
the reason for the denial of the application.’’. 
SEC. 736. CONVEYANCE OF LAND TO CITY OF MESQUITE, 
NEVADA. 
(a) DEFINITIONS.— 
(1) CITY.—The term ‘‘city’’ means the city of 
Mesquite, Nevada. 
(2) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Mesquite Airport Conveyance’’ and dated Feb-
ruary 6, 2011. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Bu-
reau of Land Management. 
(b) CONVEYANCE OF LAND TO CITY.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, subject to valid ex-
isting rights, and notwithstanding the land use plan-
ning requirements of sections 202 and 203 of the Fed-
eral Land Policy and Management Act of 1976 (43 
U.S.C. 1712, 1713), the Secretary shall convey to the 
city, without consideration, all right, title, and inter-
est of the United States in and to the land described 
in paragraph (2). 
(2) DESCRIPTION OF LAND.—The land referred 
to in paragraph (1) consists of land managed by the
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Bureau of Land Management described on the map as 
‘‘Remnant Parcel’’. 
(3) MAP AND LEGAL DESCRIPTION.— 
(A) IN GENERAL.—As soon as practicable 
after the date of enactment of this Act, the Sec-
retary shall finalize the legal description of the 
parcel to be conveyed under this section. 
(B) MINOR ERRORS.—The Secretary may 
correct any minor error in— 
(i) the map; or 
(ii) the legal description. 
(C) AVAILABILITY.—The map and legal de-
scription shall be on file and available for public 
inspection in the appropriate offices of the Bu-
reau of Land Management. 
(4) COSTS.—The Secretary shall require the city 
to pay all costs necessary for the preparation and 
completion of any patents for, and transfers of title 
to, the land described in paragraph (2). 
(5) WITHDRAWAL.—Subject to valid existing 
rights, until the date of the conveyance under para-
graph (1), the parcel of public land described in para-
graph (2) is withdrawn from— 
(A) location, entry, and patent under the 
public land mining laws; and
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(B) operation of the mineral leasing, geo-
thermal leasing, and mineral materials laws. 
(6) REVERSION.—If the land conveyed under 
paragraph (1) ceases to be used by the city for the 
purposes described in section 3(f) of Public Law 99– 
548 (100 Stat. 3061), the land shall, at the discretion 
of the Secretary, revert to the United States. 
SEC. 737. RONALD REAGAN WASHINGTON NATIONAL AIR-
PORT SLOTS. 
(a) INCREASE IN NUMBER OF SLOT EXEMPTIONS.— 
Section 41718 is amended by adding at the end thereof the 
following: 
‘‘(g) ADDITIONAL SLOTS.— 
‘‘(1) INITIAL INCREASE IN EXEMPTIONS.—Within 
95 days after the date of enactment of the FAA Air 
Transportation Modernization and Safety Improve-
ment Act, the Secretary shall grant, by order, 24 slot 
exemptions 
from 
the 
application 
of 
sections 
49104(a)(5), 49109, 49111(e), and 41714 of this title 
to air carriers to operate limited frequencies and air-
craft on routes between Ronald Reagan Washington 
National Airport and airports located beyond the pe-
rimeter described in section 49109 or, as provided in 
paragraph (2)(C), airports located within that perim-
eter, and exemptions from the requirements of sub-
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parts K and S of part 93, Code of Federal Regula-
tions, if the Secretary finds that the exemptions 
will— 
‘‘(A) provide air transportation with do-
mestic network benefits in areas beyond the pe-
rimeter described in section 49109; 
‘‘(B) increase competition in multiple mar-
kets; 
‘‘(C) not reduce travel options for commu-
nities served by small hub airports and medium 
hub airports within the perimeter described in 
section 49109; 
‘‘(D) not result in meaningfully increased 
travel delays; 
‘‘(E) enhance options for nonstop travel to 
and from the beyond-perimeter airports that will 
be served as a result of those exemptions; 
‘‘(F) have a positive impact on the overall 
level of competition in the markets that will be 
served as a result of those exemptions; and 
‘‘(G) produce public benefits, including the 
likelihood that the service to airports located be-
yond the perimeter described in section 49109 
will result in lower fares, higher capacity, and 
a variety of service options.
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‘‘(2) NEW
ENTRANTS
AND
LIMITED
INCUM-
BENTS.—Of the exemptions made available under 
paragraph (1), the Secretary shall make 10 available 
to limited incumbent air carriers or new entrant air 
carriers and 14 available to other incumbent air car-
riers. 
‘‘(3) IMPROVED NETWORK SLOTS.—If an incum-
bent air carrier (other than a limited incumbent air 
carrier) that uses a slot for service between Ronald 
Reagan Washington National Airport and a large 
hub airport located within the perimeter described in 
section 49109 is granted an additional exemption 
under this subsection, it shall, upon receiving the ad-
ditional exemption, discontinue the use of that slot for 
such within-perimeter service and operate, in place of 
such service, service between Ronald Reagan Wash-
ington National Airport and an airport located be-
yond the perimeter described in section 49109. The 
Secretary may not grant more than 2 slot exemptions 
under paragraph (1) to an air carrier with respect to 
the same airport, except in the case of an airport 
serving a metropolitan area with a population of 
more than 1 million persons. 
‘‘(4) CONDITIONS.—Beyond-perimeter flight op-
erations carried out by an air carrier using an ex-
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emption granted under this subsection shall be subject 
to the following conditions: 
‘‘(A) An air carrier may not operate a 
multi-aisle or widebody aircraft in conducting 
such operations. 
‘‘(B) An air carrier granted an exemption 
under this subsection is prohibited from selling, 
trading, leasing, or otherwise transferring the 
rights to its beyond-perimeter exemptions, except 
through an air carrier merger or acquisition. 
‘‘(5) OPERATIONS
DEADLINE.—An air carrier 
granted a slot exemption under this subsection shall 
commence operations using that slot within 60 days 
after the date on which the exemption was granted. 
‘‘(6) IMPACT STUDY.—Within 17 months after 
granting the additional exemptions authorized by 
paragraph (1) the Secretary shall complete a study of 
the direct effects of the additional exemptions, includ-
ing the extent to which the additional exemptions 
have— 
‘‘(A) caused congestion problems at the air-
port; 
‘‘(B) had a negative effect on the financial 
condition of the Metropolitan Washington Air-
ports Authority;
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‘‘(C) affected the environment in the area 
surrounding the airport; and 
‘‘(D) resulted in meaningful loss of service 
to small and medium markets within the perim-
eter described in section 49109. 
‘‘(7) ADDITIONAL EXEMPTIONS.— 
‘‘(A) DETERMINATION.—The Secretary shall 
determine, on the basis of the study required by 
paragraph (6), whether— 
‘‘(i) the additional exemptions author-
ized by paragraph (1) have had a substan-
tial negative effect on Ronald Reagan 
Washington National Airport, Washington 
Dulles International Airport, or Baltimore/ 
Washington 
Thurgood 
Marshall 
Inter-
national Airport; and 
‘‘(ii) the granting of additional exemp-
tions under this paragraph may, or may 
not, reasonably be expected to have a sub-
stantial negative effect on any of those air-
ports. 
‘‘(B) AUTHORITY
TO
GRANT
ADDITIONAL 
EXEMPTIONS.—Beginning 6 months after the 
date on which the impact study is concluded, the 
Secretary may grant up to 8 slot exemptions to
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incumbent air carriers, in addition to those 
granted under paragraph (1) of this subsection, 
if the Secretary determines that— 
‘‘(i) the additional exemptions author-
ized by paragraph (1) have not had a sub-
stantial negative effect on any of those air-
ports; and 
‘‘(ii) the granting of additional exemp-
tions under this subparagraph may not rea-
sonably be expected to have a negative effect 
on any of those airports. 
‘‘(C) IMPROVED
NETWORK
SLOTS.—If an 
incumbent air carrier (other than a limited in-
cumbent air carrier) that uses a slot for service 
between Ronald Reagan Washington National 
Airport and a large hub airport located within 
the perimeter described in section 49109 is 
granted an additional exemption under subpara-
graph (B), it shall, upon receiving the additional 
exemption, discontinue the use of that slot for 
such within-perimeter service and operate, in 
place of such service, service between Ronald 
Reagan Washington National Airport and an 
airport located beyond the perimeter described in 
section 49109.
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‘‘(D) CONDITIONS.—Beyond-perimeter flight 
operations carried out by an air carrier using 
an exemption granted under subparagraph (B) 
shall be subject to the following conditions: 
‘‘(i) An air carrier may not operate a 
multi-aisle or widebody aircraft in con-
ducting such operations. 
‘‘(ii) An air carrier granted an exemp-
tion under this subsection is prohibited 
from selling, trading, leasing, or otherwise 
transferring the rights to its beyond-perim-
eter exemptions, except through an air car-
rier merger or acquisition. 
‘‘(E) ADDITIONAL
EXEMPTIONS
NOT
PER-
MITTED.—The Secretary may not grant exemp-
tions in addition to those authorized by para-
graph (1) if the Secretary determines that— 
‘‘(i) the additional exemptions author-
ized by paragraph (1) have had a substan-
tial negative effect on any of those airports; 
or 
‘‘(ii) the granting of additional exemp-
tions under subparagraph (B) of this para-
graph may reasonably be expected to have a
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substantial negative effect on 1 or more of 
those airports. 
‘‘(h) SCHEDULING PRIORITY.—In administering this 
section, the Secretary— 
‘‘(1) shall afford a scheduling priority to oper-
ations conducted by new entrant air carriers and 
limited incumbent air carriers over operations con-
ducted by other air carriers granted additional slot 
exemptions under subsection (g) for service to airports 
located beyond the perimeter described in section 
49109; and 
‘‘(2) shall afford a scheduling priority to slots 
currently held by limited incumbent air carriers for 
service to airports located beyond the perimeter de-
scribed in section 49109, to the extent necessary to 
protect viability of such service.’’. 
(b) HOURLY LIMITATION.—Section 41718(c)(2) is 
amended— 
(1) by striking ‘‘3 operations’’ and inserting ‘‘4 
operations’’; and 
(2) by striking ‘‘subsections (a) and (b)’’ and in-
serting ‘‘under this section’’. 
(c) 
LIMITED
INCUMBENT
DEFINITION.—Section 
41714(h)(5) is amended—
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(1) by inserting ‘‘not’’ after ‘‘shall’’ in subpara-
graph (B); 
(2) by striking ‘‘and’’ after the semicolon in sub-
paragraph (B); 
(3) by striking ‘‘Administration.’’ in subpara-
graph (C) and inserting ‘‘Administration; and’’; and 
(4) by adding at the end the following: 
‘‘(D) for purposes of section 41718, an air 
carrier that holds only slot exemptions’’. 
(d) REVENUES AND FEES AT THE METROPOLITAN 
WASHINGTON AIRPORTS.—Section 49104(a) is amended by 
striking paragraph (9) and inserting the following: 
‘‘(9) Notwithstanding any other provision of law, 
revenues derived at either of the Metropolitan Wash-
ington Airports, regardless of source, may be used for 
operating and capital expenses (including debt serv-
ice, depreciation and amortization) at the other air-
port.’’. 
SEC. 738. ORPHAN EARMARKS ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Orphan Earmarks Act’’. 
(b) UNUSED EARMARKS.— 
(1) DEFINITION.—In this subsection, the term 
‘‘earmark’’ means the following:
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(A) A congressionally directed spending 
item, as defined in Rule XLIV of the Standing 
Rules of the Senate. 
(B) A congressional earmark, as defined for 
purposes of Rule XXI of the Rules of the House 
of Representatives. 
(2) RESCISSION.—Any earmark of funds pro-
vided for any Federal agency with more than 90 per-
cent of the appropriated amount remaining available 
for obligation at the end of the 9th fiscal year fol-
lowing the fiscal year in which the earmark was 
made available is rescinded effective at the end of that 
9th fiscal year, except that the agency head may delay 
any such rescission if the agency head determines that 
an additional obligation of the earmark is likely to 
occur during the following 12-month period. 
(3) IDENTIFICATION AND REPORT.— 
(A) AGENCY
IDENTIFICATION.—Each Fed-
eral agency shall identify and report every 
project that is an earmark with an unobligated 
balance at the end of each fiscal year to the Di-
rector of OMB. 
(B) ANNUAL
REPORT.—The Director of 
OMB shall submit to Congress and publically
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post on the website of OMB an annual report 
that includes— 
(i) a listing and accounting for ear-
marks with unobligated balances summa-
rized by agency including the amount of the 
original earmark, amount of the unobli-
gated balance, and the year when the fund-
ing expires, if applicable; 
(ii) the number of rescissions resulting 
from this section and the annual savings re-
sulting from this section for the previous fis-
cal year; and 
(iii) a listing and accounting for ear-
marks provided for Federal agencies sched-
uled to be rescinded at the end of the cur-
rent fiscal year. 
SEC. 739. PRIVACY PROTECTIONS FOR AIRCRAFT PAS-
SENGER SCREENING WITH ADVANCED IMAG-
ING TECHNOLOGY. 
(a) IN GENERAL.—Section 44901 is amended by add-
ing at the end the following: 
‘‘(l) LIMITATIONS ON USE OF ADVANCED IMAGING 
TECHNOLOGY FOR SCREENING PASSENGERS.— 
‘‘(1) IN GENERAL.—The Assistant Secretary of 
Homeland Security (Transportation Security Admin-
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istration) shall ensure that advanced imaging tech-
nology is used for the screening of passengers under 
this section only in accordance with this subsection. 
‘‘(2) IMPLEMENTATION OF AUTOMATED TARGET 
RECOGNITION
SOFTWARE.—Beginning January 1, 
2012, all advanced imaging technology used as a pri-
mary screening method for passengers shall be 
equipped with automatic target recognition software. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) ADVANCED
IMAGING
TECHNOLOGY.— 
The term ‘advanced imaging technology’— 
‘‘(i) means a device that creates a vis-
ual image of an individual showing the sur-
face of the skin beneath clothing and reveal-
ing other objects on the body that are cov-
ered by the clothing; and 
‘‘(ii) includes devices using backscatter 
x-rays or millimeter waves and devices re-
ferred to as ‘whole-body imaging technology’ 
or ‘body scanning’. 
‘‘(B) AUTOMATIC
TARGET
RECOGNITION 
SOFTWARE.—The term ‘automatic target recogni-
tion software’ means software installed on an ad-
vanced imaging technology machine that pro-
duces a generic image of the individual being
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screened that is the same as the images produced 
for all other screened individuals. 
‘‘(C) PRIMARY SCREENING.—The term ‘pri-
mary screening’ means the initial examination 
of any passenger at an airport checkpoint, in-
cluding using available screening technologies to 
detect weapons, explosives, narcotics, or other in-
dications of unlawful action, in order to deter-
mine whether to clear the passenger to board an 
aircraft or to further examine the passenger.’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than March 1, 2012, 
the Assistant Secretary of Homeland Security (Trans-
portation Security Administration) shall submit to 
the appropriate congressional committees a report on 
the implementation of section 44901(l) of title 49, 
United States Code, as added by subsection (a). 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) A description of all matters the Assist-
ant Secretary considers relevant to the imple-
mentation of such section. 
(B) The status of the compliance of the 
Transportation Security Administration with 
the provisions of such section.
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(C) If the Administration is not in full 
compliance with such provisions— 
(i) the reasons for such non-compli-
ance; and 
(ii) a timeline depicting when the As-
sistant Secretary expects the Administra-
tion to achieve full compliance. 
(3) SECURITY CLASSIFICATION.—The report re-
quired by paragraph (1) shall be submitted, to the 
greatest extent practicable, in an unclassified format, 
with a classified annex, if necessary. 
(4) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation and Committee on Home-
land Security and Governmental Affairs of the 
Senate; and 
(B) the Committee on Homeland Security of 
the House of Representatives. 
SEC. 740. CONTROLLING HELICOPTER NOISE POLLUTION 
IN RESIDENTIAL AREAS. 
Section 44715 is amended by adding at the end the 
following:
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‘‘(g) CONTROLLING HELICOPTER NOISE POLLUTION IN 
RESIDENTIAL AREAS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
47502, not later than the date that is 1 year and 90 
days after the date of the enactment of the FAA Air 
Transportation Modernization and Safety Improve-
ment Act, the Administrator of the Federal Aviation 
Administration shall prescribe— 
‘‘(A) standards to measure helicopter noise; 
and 
‘‘(B) regulations to control helicopter noise 
pollution in residential areas. 
‘‘(2) RULEMAKING WITH RESPECT TO REDUCING 
HELICOPTER NOISE POLLUTION IN NASSAU AND SUF-
FOLK COUNTIES IN NEW YORK STATE.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of the FAA Air 
Transportation Modernization and Safety Im-
provement Act, and before finalizing the regula-
tions required by paragraph (1), the Adminis-
trator shall prescribe regulations with respect to 
helicopters operating in the counties of Nassau 
and Suffolk in the State of New York that in-
clude—
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‘‘(i) requirements with respect to the 
flight paths and altitudes of helicopters fly-
ing over those counties to reduce helicopter 
noise pollution; and 
‘‘(ii) penalties for failing to comply 
with the requirements described in clause 
(i). 
‘‘(B) APPLICABILITY
OF
CERTAIN
RULE-
MAKING PROCEDURES.—The requirements of Ex-
ecutive Order 12866 (58 Fed. Reg. 51735; relat-
ing to regulatory planning and review) (or any 
successor thereto) shall not apply to regulations 
prescribed under subparagraph (A). 
‘‘(3) EXCEPTIONS
FOR
EMERGENCY, LAW
EN-
FORCEMENT, AND MILITARY HELICOPTERS.—In pre-
scribing standards and regulations under paragraphs 
(1) and (2), the Administrator may provide for excep-
tions to any requirements with respect to reducing 
helicopter noise pollution in residential areas for heli-
copter activity related to emergency, law enforcement, 
or military activities.’’.
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TITLE VIII—AIRPORT AND AIR-
WAY 
TRUST 
FUND 
PROVI-
SIONS AND RELATED TAXES 
SEC. 800. AMENDMENT OF 1986 CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms of 
an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or 
other provision of the Internal Revenue Code of 1986. 
SEC. 801. EXTENSION OF TAXES FUNDING AIRPORT AND 
AIRWAY TRUST FUND. 
(a) FUEL
TAXES.—Subparagraph (B) of section 
4081(d)(2) is amended by striking ‘‘March 31, 2011’’ and 
inserting ‘‘September 30, 2013’’. 
(b) TICKET TAXES.— 
(1) 
PERSONS.—Clause 
(ii) 
of 
section 
4261(j)(1)(A) is amended by striking ‘‘March 31, 
2011’’ and inserting ‘‘September 30, 2013’’. 
(2) 
PROPERTY.—Clause 
(ii) 
of 
section 
4271(d)(1)(A) is amended by striking ‘‘March 31, 
2011’’ and inserting ‘‘September 30, 2013’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on April 1, 2011.
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SEC. 802. EXTENSION OF AIRPORT AND AIRWAY TRUST 
FUND EXPENDITURE AUTHORITY. 
(a) IN GENERAL.—Paragraph (1) of section 9502(d) 
is amended— 
(1) by striking ‘‘April 1, 2011’’ in the matter 
preceding subparagraph (A) and inserting ‘‘October 
1, 2013’’, and 
(2) by striking the semicolon at the end of sub-
paragraph (A) and inserting ‘‘or the FAA Air Trans-
portation Modernization and Safety Improvement 
Act;’’. 
(b) CONFORMING AMENDMENT.—Paragraph (2) of sec-
tion 9502(e) is amended by striking ‘‘April 1, 2011’’ and 
inserting ‘‘October 1, 2013’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on April 1, 2011. 
SEC. 803. MODIFICATION OF EXCISE TAX ON KEROSENE 
USED IN AVIATION. 
(a) RATE OF TAX ON AVIATION-GRADE KEROSENE.— 
(1) IN GENERAL.—Subparagraph (A) of section 
4081(a)(2) is amended by striking ‘‘and’’ at the end 
of clause (ii), by striking the period at the end of 
clause (iii) and inserting ‘‘, and’’, and by adding at 
the end the following new clause: 
‘‘(iv) in the case of aviation-grade ker-
osene, 35.9 cents per gallon.’’.
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(2) FUEL REMOVED DIRECTLY INTO FUEL TANK 
OF AIRPLANE USED IN NONCOMMERCIAL AVIATION.— 
Subparagraph (C) of section 4081(a)(2) is amended 
to read as follows: 
‘‘(C) TAXES
IMPOSED
ON
FUEL
USED
IN 
COMMERCIAL AVIATION.—In the case of aviation- 
grade kerosene which is removed from any refin-
ery or terminal directly into the fuel tank of an 
aircraft for use in commercial aviation by a per-
son registered for such use under section 4101, 
the rate of tax under subparagraph (A)(iv) shall 
be 4.3 cents per gallon.’’. 
(3) EXEMPTION FOR AVIATION-GRADE KEROSENE 
REMOVED INTO AN AIRCRAFT.—Subsection (e) of sec-
tion 4082 is amended— 
(A) by striking ‘‘kerosene’’ and inserting 
‘‘aviation-grade kerosene’’, 
(B) by striking ‘‘section 4081(a)(2)(A)(iii)’’ 
and inserting ‘‘section 4081(a)(2)(A)(iv)’’, and 
(C) by striking ‘‘KEROSENE’’ in the heading 
and inserting ‘‘AVIATION-GRADE KEROSENE’’. 
(4) CONFORMING AMENDMENTS.— 
(A) Clause (iii) of section 4081(a)(2)(A) is 
amended by inserting ‘‘other than aviation-grade 
kerosene’’ after ‘‘kerosene’’.
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(B) The following provisions are each 
amended by striking ‘‘kerosene’’ and inserting 
‘‘aviation-grade kerosene’’: 
(i) Section 4081(a)(3)(A)(ii). 
(ii) Section 4081(a)(3)(A)(iv). 
(iii) Section 4081(a)(3)(D). 
(C) Subparagraph (D) of section 4081(a)(3) 
is amended— 
(i) by striking ‘‘paragraph (2)(C)(i)’’ 
in clause (i) and inserting ‘‘paragraph 
(2)(C)’’, and 
(ii) by striking ‘‘paragraph (2)(C)(ii)’’ 
in clause (ii) and inserting ‘‘paragraph 
(2)(A)(iv)’’. 
(D) Paragraph (4) of section 4081(a) is 
amended— 
(i) by striking ‘‘KEROSENE’’ in the 
heading and inserting ‘‘AVIATION-GRADE 
KEROSENE’’, and 
(ii) by striking ‘‘paragraph (2)(C)(i)’’ 
and inserting ‘‘paragraph (2)(C)’’. 
(E) Paragraph (2) of section 4081(d) is 
amended by striking ‘‘(a)(2)(C)(ii)’’ and insert-
ing ‘‘(a)(2)(A)(iv)’’. 
(b) RETAIL TAX ON AVIATION FUEL.—
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(1) 
EXEMPTION
FOR
PREVIOUSLY
TAXED 
FUEL.—Paragraph (2) of section 4041(c) is amended 
by inserting ‘‘at the rate specified in subsection 
(a)(2)(A)(iv) thereof’’ after ‘‘section 4081’’. 
(2) RATE
OF
TAX.—Paragraph (3) of section 
4041(c) is amended to read as follows: 
‘‘(3) RATE OF TAX.—The rate of tax imposed by 
this subsection shall be the rate of tax in effect under 
section 4081(a)(2)(A)(iv) (4.3 cents per gallon with 
respect to any sale or use for commercial aviation).’’. 
(c) REFUNDS RELATING TO AVIATION-GRADE KER-
OSENE.— 
(1) AVIATION-GRADE KEROSENE USED IN COM-
MERCIAL
AVIATION.—Clause 
(ii) 
of 
section 
6427(l)(4)(A) is amended by striking ‘‘specified in 
section 4041(c) or 4081(a)(2)(A)(iii), as the case may 
be,’’ and inserting ‘‘so imposed’’. 
(2) KEROSENE USED IN AVIATION.—Paragraph 
(4) of section 6427(l) is amended by striking subpara-
graphs (B) and (C) and inserting the following new 
subparagraph: 
‘‘(B) PAYMENTS TO ULTIMATE, REGISTERED 
VENDOR.—With respect to any kerosene used in 
aviation (other than kerosene to which para-
graph (6) applies), if the ultimate purchaser of
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such kerosene waives (at such time and in such 
form and manner as the Secretary shall pre-
scribe) the right to payment under paragraph 
(1) and assigns such right to the ultimate ven-
dor, then the Secretary shall pay (without inter-
est) the amount which would be paid under 
paragraph (1) to such ultimate vendor, but only 
if such ultimate vendor— 
‘‘(i) is registered under section 4101, 
and 
‘‘(ii) meets the requirements of sub-
paragraph (A), (B), or (D) of section 
6416(a)(1).’’. 
(3) AVIATION-GRADE
KEROSENE
NOT
USED
IN 
AVIATION.—Subsection (l) of section 6427 is amended 
by redesignating paragraph (5) as paragraph (6) and 
by inserting after paragraph (4) the following new 
paragraph: 
‘‘(5) REFUNDS FOR AVIATION-GRADE KEROSENE 
NOT USED IN AVIATION.—If tax has been imposed 
under section 4081 at the rate specified in section 
4081(a)(2)(A)(iv) and the fuel is used other than in 
an aircraft, the Secretary shall pay (without interest) 
to the ultimate purchaser of such fuel an amount 
equal to the amount of tax imposed on such fuel re-