177 
‘‘(IV) the gate-arrival time at the 
scheduled arrival airport. 
‘‘(B) For flights cancelled after gate de-
parture— 
‘‘(i) the flight number of the cancelled 
flight; 
‘‘(ii) the scheduled origin and destina-
tion airports of the cancelled flight; 
‘‘(iii) the date and time of the can-
celled flight; 
‘‘(iv) the gate-departure time of the 
cancelled flight; and 
‘‘(v) the time the aircraft returned to 
the gate. 
‘‘(4) PUBLICATION.—The Secretary shall com-
pile the information provided in the monthly reports 
filed pursuant to paragraph (1) in a single monthly 
report and publish such report on the Internet Web 
site of the Department of Transportation.’’. 
(b) EFFECTIVE DATE.—Beginning not later than 90 
days after the date of enactment of this Act, the Secretary 
of Transportation shall require monthly reports pursuant 
to the amendment made by subsection (a).
178 
SEC. 423. FLIGHT OPERATIONS AT RONALD REAGAN WASH-
INGTON NATIONAL AIRPORT. 
(a) 
BEYOND-PERIMETER
EXEMPTIONS.—Section 
41718(a) is amended— 
(1) by striking ‘‘Secretary’’ the first place it ap-
pears and inserting ‘‘Secretary of Transportation’’; 
and 
(2) by striking ‘‘24’’ and inserting ‘‘34’’. 
(b) LIMITATIONS.—Section 41718(c)(2) is amended 
by striking ‘‘3 operations’’ and inserting ‘‘5 operations’’. 
(c) SLOTS.—Section 41718(c) is amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) SLOTS.—The Secretary shall reduce the 
hourly air carrier slot quota for Ronald Reagan 
Washington 
National 
Airport 
under 
section 
93.123(a) of title 14, Code of Federal Regulations, 
by a total of 10 slots that are available for alloca-
tion. Such reductions shall be taken in the 6:00 
a.m., 10:00 p.m., or 11:00 p.m. hours, as deter-
mined by the Secretary, in order to grant exemp-
tions under subsection (a).’’. 
(d) SCHEDULING
PRIORITY.—Section 41718 is 
amended—
179 
(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) SCHEDULING PRIORITY.—Operations conducted 
by new entrant air carriers and limited incumbent air car-
riers shall be provided a scheduling priority over oper-
ations conducted by other air carriers granted exemptions 
pursuant to this section, with the highest scheduling pri-
ority provided to beyond-perimeter operations conducted 
by the new entrant air carriers and limited incumbent air 
carriers.’’. 
SEC. 424. MUSICAL INSTRUMENTS. 
(a) IN GENERAL.—Subchapter I of chapter 417 is 
amended by adding at the end the following: 
‘‘§ 41724. Musical instruments 
‘‘(a) IN GENERAL.— 
‘‘(1) SMALL INSTRUMENTS AS CARRY-ON BAG-
GAGE.—An air carrier providing air transportation 
shall permit a passenger to carry a violin, guitar, or 
other musical instrument in the aircraft cabin if— 
‘‘(A) the instrument can be stowed safely 
in a suitable baggage compartment in the air-
craft cabin or under a passenger seat, in ac-
cordance with the requirements for carriage of
180 
carry-on baggage or cargo established by the 
Administrator; and 
‘‘(B) there is space for such stowage at the 
time the passenger boards the aircraft. 
‘‘(2) LARGER INSTRUMENTS AS CARRY-ON BAG-
GAGE.—An air carrier providing air transportation 
shall permit a passenger to carry a musical instru-
ment that is too large to meet the requirements of 
paragraph (1) in the aircraft cabin if— 
‘‘(A) the instrument is contained in a case 
or covered so as to avoid injury to other pas-
sengers; 
‘‘(B) the weight of the instrument, includ-
ing the case or covering, does not exceed 165 
pounds or the applicable weight restrictions for 
the aircraft; 
‘‘(C) the instrument can be stowed in ac-
cordance with the requirements for carriage of 
carry-on baggage or cargo established by the 
Administrator; 
‘‘(D) neither the instrument nor the case 
contains any object not otherwise permitted to 
be carried in an aircraft cabin because of a law 
or regulation of the United States; and
181 
‘‘(E) the passenger wishing to carry the in-
strument in the aircraft cabin has purchased an 
additional seat to accommodate the instrument. 
‘‘(3) LARGE INSTRUMENTS AS CHECKED BAG-
GAGE.—An air carrier shall transport as baggage a 
musical instrument that is the property of a pas-
senger traveling in air transportation that may not 
be carried in the aircraft cabin if— 
‘‘(A) the sum of the length, width, and 
height measured in inches of the outside linear 
dimensions of the instrument (including the 
case) does not exceed 150 inches or the applica-
ble size restrictions for the aircraft; 
‘‘(B) the weight of the instrument does not 
exceed 165 pounds or the applicable weight re-
strictions for the aircraft; and 
‘‘(C) the instrument can be stowed in ac-
cordance with the requirements for carriage of 
carry-on baggage or cargo established by the 
Administrator. 
‘‘(b) REGULATIONS.—Not later than 2 years after 
the date of enactment of this section, the Secretary shall 
issue final regulations to carry out subsection (a).
182 
‘‘(c) EFFECTIVE DATE.—The requirements of this 
section shall become effective on the date of issuance of 
the final regulations under subsection (b).’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such subchapter is amended by adding at the end the fol-
lowing: 
‘‘41724. Musical instruments.’’. 
SEC. 425. PASSENGER AIR SERVICE IMPROVEMENTS. 
(a) IN GENERAL.—Subtitle VII is amended by insert-
ing after chapter 421 the following: 
‘‘CHAPTER 423—PASSENGER AIR SERVICE 
IMPROVEMENTS 
‘‘Sec. 
‘‘42301. Emergency contingency plans. 
‘‘42302. Consumer complaints. 
‘‘42303. Use of insecticides in passenger aircraft. 
‘‘§ 42301. Emergency contingency plans 
‘‘(a) SUBMISSION OF AIR CARRIER AND AIRPORT 
PLANS.—Not later than 90 days after the date of enact-
ment of this section, each of the following air carriers and 
airport operators shall submit to the Secretary of Trans-
portation for review and approval an emergency contin-
gency plan in accordance with the requirements of this 
section: 
‘‘(1) An air carrier providing covered air trans-
portation at a large hub or medium hub airport.
183 
‘‘(2) An operator of a large hub or medium hub 
airport. 
‘‘(3) An operator of an airport used by an air 
carrier described in paragraph (1) for diversions. 
‘‘(b) AIR CARRIER PLANS.— 
‘‘(1) PLANS
FOR
INDIVIDUAL
AIRPORTS.—An 
air carrier shall submit an emergency contingency 
plan under subsection (a) for— 
‘‘(A) each large hub and medium hub air-
port at which the carrier provides covered air 
transportation; and 
‘‘(B) each large hub and medium hub air-
port at which the carrier has flights for which 
the carrier has primary responsibility for inven-
tory control. 
‘‘(2) CONTENTS.—An emergency contingency 
plan submitted by an air carrier for an airport under 
subsection (a) shall contain a description of how the 
carrier will— 
‘‘(A) provide food, potable water, restroom 
facilities, and access to medical treatment for 
passengers onboard an aircraft at the airport 
that is on the ground for an extended period of 
time without access to the terminal;
184 
‘‘(B) allow passengers to deplane following 
excessive tarmac delays; and 
‘‘(C) share facilities and make gates avail-
able at the airport in an emergency. 
‘‘(c) AIRPORT PLANS.—An emergency contingency 
plan submitted by an airport operator under subsection 
(a) shall contain a description of how the operator, to the 
maximum extent practicable, will— 
‘‘(1) provide for the deplanement of passengers 
following excessive tarmac delays; 
‘‘(2) provide for the sharing of facilities and 
make gates available at the airport in an emergency; 
and 
‘‘(3) provide a sterile area following excessive 
tarmac delays for passengers who have not yet 
cleared United States Customs and Border Protec-
tion. 
‘‘(d) UPDATES.— 
‘‘(1) AIR CARRIERS.—An air carrier shall up-
date the emergency contingency plan submitted by 
the carrier under subsection (a) every 3 years and 
submit the update to the Secretary for review and 
approval. 
‘‘(2) AIRPORTS.—An airport operator shall up-
date the emergency contingency plan submitted by
185 
the operator under subsection (a) every 5 years and 
submit the update to the Secretary for review and 
approval. 
‘‘(e) APPROVAL.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of the receipt of an emergency contin-
gency plan submitted under subsection (a) or an up-
date submitted under subsection (d), the Secretary 
shall review and approve or, if necessary, require 
modifications to the plan or update to ensure that 
the plan or update will effectively address emer-
gencies and provide for the health and safety of pas-
sengers. 
‘‘(2) FAILURE TO APPROVE OR REQUIRE MODI-
FICATIONS.—If the Secretary fails to approve or re-
quire modifications to a plan or update under para-
graph (1) within the timeframe specified in that 
paragraph, the plan or update shall be deemed to be 
approved. 
‘‘(3) ADHERENCE REQUIRED.—An air carrier 
or airport operator shall adhere to an emergency 
contingency plan of the carrier or operator approved 
under this section. 
‘‘(f) MINIMUM STANDARDS.—The Secretary may es-
tablish, as necessary or desirable, minimum standards for
186 
elements in an emergency contingency plan required to be 
submitted under this section. 
‘‘(g) PUBLIC ACCESS.—An air carrier or airport op-
erator required to submit an emergency contingency plan 
under this section shall ensure public access to the plan 
after its approval under this section on the Internet Web 
site of the carrier or operator or by such other means as 
determined by the Secretary. 
‘‘(h) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) COVERED
AIR
TRANSPORTATION.—The 
term ‘covered air transportation’ means scheduled or 
public charter passenger air transportation provided 
by an air carrier that operates an aircraft that as 
originally designed has a passenger capacity of 30 or 
more seats. 
‘‘(2) TARMAC DELAY.—The term ‘tarmac delay’ 
means the period during which passengers are on 
board an aircraft on the tarmac— 
‘‘(A) awaiting takeoff after the aircraft 
doors have been closed or after passengers have 
been boarded if the passengers have not been 
advised they are free to deplane; or 
‘‘(B) awaiting deplaning after the aircraft 
has landed.
187 
‘‘§ 42302. Consumer complaints 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish a consumer complaints toll-free hotline tele-
phone number for the use of passengers in air transpor-
tation and shall take actions to notify the public of— 
‘‘(1) that telephone number; and 
‘‘(2) the Internet Web site of the Aviation Con-
sumer Protection Division of the Department of 
Transportation. 
‘‘(b) NOTICE TO PASSENGERS ON THE INTERNET.— 
An air carrier or foreign air carrier providing scheduled 
air transportation using any aircraft that as originally de-
signed has a passenger capacity of 30 or more passenger 
seats shall include on the Internet Web site of the car-
rier— 
‘‘(1) the hotline telephone number established 
under subsection (a); 
‘‘(2) the email address, telephone number, and 
mailing address of the air carrier for the submission 
of complaints by passengers about air travel service 
problems; and 
‘‘(3) the Internet Web site and mailing address 
of the Aviation Consumer Protection Division of the 
Department of Transportation for the submission of 
complaints by passengers about air travel service 
problems.
188 
‘‘(c) NOTICE TO PASSENGERS ON BOARDING DOCU-
MENTATION.—An air carrier or foreign air carrier pro-
viding scheduled air transportation using any aircraft that 
as originally designed has a passenger capacity of 30 or 
more passenger seats shall include the hotline telephone 
number established under subsection (a) on— 
‘‘(1) prominently displayed signs of the carrier 
at the airport ticket counters in the United States 
where the air carrier operates; and 
‘‘(2) any electronic confirmation of the pur-
chase of a passenger ticket for air transportation 
issued by the air carrier. 
‘‘§ 42303. Use of insecticides in passenger aircraft 
‘‘(a) INFORMATION TO BE PROVIDED
ON
THE 
INTERNET.—The Secretary of Transportation shall estab-
lish, and make available to the general public, an Internet 
Web site that contains a listing of countries that may re-
quire an air carrier or foreign air carrier to treat an air-
craft passenger cabin with insecticides prior to a flight in 
foreign air transportation to that country or to apply an 
aerosol insecticide in an aircraft cabin used for such a 
flight when the cabin is occupied with passengers. 
‘‘(b) REQUIRED DISCLOSURES.—An air carrier, for-
eign air carrier, or ticket agent selling, in the United 
States, a ticket for a flight in foreign air transportation
189 
to a country listed on the Internet Web site established 
under subsection (a) shall refer the purchaser of the ticket 
to the Internet Web site established under subsection (a) 
for additional information.’’. 
(b) PENALTIES.—Section 46301 is amended in sub-
sections (a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 
423,’’ after ‘‘chapter 421,’’. 
(c) APPLICABILITY OF REQUIREMENTS.—Except as 
otherwise provided, the requirements of chapter 423 of 
title 49, United States Code, as added by this section, 
shall begin to apply 60 days after the date of enactment 
of this Act. 
(d) CLERICAL AMENDMENT.—The analysis for sub-
title VII is amended by inserting after the item relating 
to chapter 421 the following: 
‘‘423. Passenger Air Service Improvements ............................................. 42301’’. 
SEC. 426. AIRFARES FOR MEMBERS OF THE ARMED 
FORCES. 
(a) FINDINGS.—Congress finds that— 
(1) the Armed Forces is comprised of approxi-
mately 1,450,000 members who are stationed on ac-
tive duty at more than 6,000 military bases in 146 
different countries; 
(2) the United States is indebted to the mem-
bers of the Armed Forces, many of whom are in
190 
grave danger due to their engagement in, or expo-
sure to, combat; 
(3) military service, especially in the current 
war against terrorism, often requires members of the 
Armed Forces to be separated from their families on 
short notice, for long periods of time, and under 
very stressful conditions; 
(4) the unique demands of military service often 
preclude members of the Armed Forces from pur-
chasing discounted advance airline tickets in order 
to visit their loved ones at home; and 
(5) it is the patriotic duty of the people of the 
United States to support the members of the Armed 
Forces who are defending the Nation’s interests 
around the world at great personal sacrifice. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) all United States commercial air carriers 
should seek to lend their support with flexible, gen-
erous policies applicable to members of the Armed 
Forces who are traveling on leave or liberty at their 
own expense; and 
(2) each United States air carrier, for all mem-
bers of the Armed Forces who have been granted
191 
leave or liberty and who are traveling by air at their 
own expense, should— 
(A) seek to provide reduced air fares that 
are comparable to the lowest airfare for ticketed 
flights and that eliminate to the maximum ex-
tent possible advance purchase requirements; 
(B) seek to eliminate change fees or 
charges and any penalties; 
(C) seek to eliminate or reduce baggage 
and excess weight fees; 
(D) offer flexible terms that allow members 
to purchase, modify, or cancel tickets without 
time restrictions, and to waive fees (including 
baggage fees), ancillary costs, or penalties; and 
(E) seek to take proactive measures to en-
sure that all airline employees, particularly 
those who issue tickets and respond to members 
of the Armed Forces and their family members, 
are trained in the policies of the airline aimed 
at benefitting members of the Armed Forces 
who are on leave. 
SEC. 427. REVIEW OF AIR CARRIER FLIGHT DELAYS, CAN-
CELLATIONS, AND ASSOCIATED CAUSES. 
(a) REVIEW.—The Inspector General of the Depart-
ment of Transportation shall conduct a review regarding
192 
air carrier flight delays, cancellations, and associated 
causes to update its 2000 report numbered CR–2000–112 
and titled ‘‘Audit of Air Carrier Flight Delays and Can-
cellations’’. 
(b) ASSESSMENTS.—In conducting the review under 
subsection (a), the Inspector General shall assess— 
(1) the need for an update on delay and can-
cellation statistics, including with respect to the 
number of chronically delayed flights and taxi-in and 
taxi-out times; 
(2) air carriers’ scheduling practices; 
(3) the need for a reexamination of capacity 
benchmarks at the Nation’s busiest airports; 
(4) the impact of flight delays and cancellations 
on air travelers, including recommendations for pro-
grams that could be implemented to address the im-
pact of flight delays on air travelers; 
(5) the effect that limited air carrier service op-
tions on routes have on the frequency of delays and 
cancellations on such routes; 
(6) the effect of the rules and regulations of the 
Department of Transportation on the decisions of 
air carriers to delay or cancel flights; and 
(7) the impact of flight delays and cancellations 
on the airline industry.
193 
(c) REPORT.—Not later than 1 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. 
SEC. 429. COMPENSATION FOR DELAYED BAGGAGE. 
(a) STUDY.—The Comptroller General shall conduct 
a study to— 
(1) examine delays in the delivery of checked 
baggage to passengers of air carriers; and
194 
(2) assess the options for and examine the im-
pact of establishing minimum standards to com-
pensate a passenger in the case of an unreasonable 
delay in the delivery of checked baggage. 
(b) CONSIDERATION.—In conducting the study, the 
Comptroller General shall take into account the additional 
fees for checked baggage that are imposed by many air 
carriers and how the additional fees should improve an 
air carrier’s baggage performance. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Comptroller General shall 
transmit to Congress a report on the results of the study. 
SEC. 430. SCHEDULE REDUCTION. 
(a) IN GENERAL.—If the Administrator of the Fed-
eral Aviation Administration determines that— 
(1) the aircraft operations of air carriers during 
any hour at an airport exceed the hourly maximum 
departure and arrival rate established by the Admin-
istrator for such operations; and 
(2) the operations in excess of the maximum 
departure and arrival rate for such hour at such air-
port are likely to have a significant adverse effect on 
the safe and efficient use of navigable airspace, 
the Administrator shall convene a meeting of such carriers 
to reduce pursuant to section 41722 of title 49, United
195 
States Code, on a voluntary basis, the number of such op-
erations so as not to exceed the maximum departure and 
arrival rate. 
(b) NO AGREEMENT.—If the air carriers partici-
pating in a meeting with respect to an airport under sub-
section (a) are not able to agree to a reduction in the num-
ber of flights to and from the airport so as not to exceed 
the maximum departure and arrival rate, the Adminis-
trator shall take such action as is necessary to ensure such 
reduction is implemented. 
SEC. 431. DOT AIRLINE CONSUMER COMPLAINT INVESTIGA-
TIONS. 
The Secretary of Transportation may investigate con-
sumer complaints regarding— 
(1) flight cancellations; 
(2) compliance with Federal regulations con-
cerning overbooking seats on flights; 
(3) lost, damaged, or delayed baggage, and dif-
ficulties with related airline claims procedures; 
(4) problems in obtaining refunds for unused or 
lost tickets or fare adjustments; 
(5) incorrect or incomplete information about 
fares, discount fare conditions and availability, over-
charges, and fare increases;
196 
(6) the rights of passengers who hold frequent 
flyer miles or equivalent redeemable awards earned 
through customer-loyalty programs; and 
(7) deceptive or misleading advertising. 
SEC. 432. STUDY OF OPERATORS REGULATED UNDER PART 
135. 
(a) STUDY REQUIRED.—The Administrator of the 
Federal Aviation Administration, in consultation with in-
terested parties, shall conduct a study of operators regu-
lated under part 135 of title 14, Code of Federal Regula-
tions. 
(b) CONTENTS.—In conducting the study under sub-
section (a), the Administrator shall analyze the part 135 
fleet in the United States, which shall include analysis 
of— 
(1) the size and type of aircraft in the fleet; 
(2) the equipment utilized by the fleet; 
(3) the hours flown each year by the fleet; 
(4) the utilization rates with respect to the 
fleet; 
(5) the safety record of various categories of 
use and aircraft types with respect to the fleet, 
through a review of the database of the National 
Transportation Safety Board; 
(6) the sales revenues of the fleet; and
197 
(7) the number of passengers and airports 
served by the fleet. 
(c) REPORT.— 
(1) INITIAL
REPORT.—Not later than 18 
months after the date of enactment of this Act, the 
Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
on the results of the study conducted under sub-
section (a). 
(2) UPDATES.—Not later than 3 years after the 
date of the submission of the report required under 
paragraph (1), and every 2 years thereafter, the Ad-
ministrator shall update the report required under 
that paragraph and submit the updated report to 
the committees specified in that paragraph. 
SEC. 433. USE OF CELL PHONES ON PASSENGER AIRCRAFT. 
(a) CELL PHONE STUDY.—Not later than 120 days 
after the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall conduct a 
study on the impact of the use of cell phones for voice 
communications in an aircraft during a flight in scheduled 
passenger air transportation where currently permitted by 
foreign governments in foreign air transportation.
198 
(b) CONTENTS.—The study shall include— 
(1) a review of foreign government and air car-
rier policies on the use of cell phones during flight; 
(2) a review of the extent to which passengers 
use cell phones for voice communications during 
flight; and 
(3) a summary of any impacts of cell phone use 
during flight on safety, the quality of the flight expe-
rience of passengers, and flight attendants. 
(c) COMMENT PERIOD.—Not later than 180 days 
after the date of enactment of this Act, the Administrator 
shall publish in the Federal Register the results of the 
study and allow 60 days for public comment. 
(d) CELL PHONE REPORT.—Not later than 270 days 
after the date of enactment of this Act, the Administrator 
shall submit to the Committee on Transportation and 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. 
TITLE V—ENVIRONMENTAL 
STREAMLINING 
SEC. 501. OVERFLIGHTS OF NATIONAL PARKS. 
(a) 
GENERAL
REQUIREMENTS.—Section 
40128(a)(1)(C) is amended by inserting ‘‘or voluntary 
agreement under subsection (b)(7)’’ before ‘‘for the park’’.
199 
(b) EXEMPTION FOR NATIONAL PARKS WITH 50 OR 
FEWER FLIGHTS EACH YEAR.—Section 40128(a) is 
amended by adding at the end the following: 
‘‘(5) EXEMPTION FOR NATIONAL PARKS WITH 
50 OR FEWER FLIGHTS EACH YEAR.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), a national park that has 50 or fewer 
commercial air tour operations over the park 
each year shall be exempt from the require-
ments of this section, except as provided in sub-
paragraph (B). 
‘‘(B) WITHDRAWAL
OF
EXEMPTION.—If 
the Director determines that an air tour man-
agement plan or voluntary agreement is nec-
essary to protect park resources and values or 
park visitor use and enjoyment, the Director 
shall withdraw the exemption of a park under 
subparagraph (A). 
‘‘(C) LIST OF PARKS.— 
‘‘(i) IN GENERAL.—The Director and 
Administrator shall jointly publish a list 
each year of national parks that are cov-
ered by the exemption provided under this 
paragraph.
200 
‘‘(ii) NOTIFICATION OF WITHDRAWAL 
OF
EXEMPTION.—The Director shall in-
form the Administrator, in writing, of each 
determination to withdraw an exemption 
under subparagraph (B). 
‘‘(D) ANNUAL REPORT.—A commercial air 
tour operator conducting commercial air tour 
operations over a national park that is exempt 
from the requirements of this section shall sub-
mit to the Administrator and the Director a re-
port each year that includes the number of 
commercial air tour operations the operator 
conducted during the preceding one-year period 
over such park.’’. 
(c) AIR
TOUR
MANAGEMENT
PLANS.—Section 
40128(b) is amended by adding at the end the following: 
‘‘(7) VOLUNTARY AGREEMENTS.— 
‘‘(A) IN GENERAL.—As an alternative to 
an air tour management plan, the Director and 
the Administrator may enter into a voluntary 
agreement with a commercial air tour operator 
(including a new entrant commercial air tour 
operator and an operator that has interim oper-
ating authority) that has applied to conduct 
commercial air tour operations over a national
201 
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 
public review of a proposed voluntary agree-
ment under this paragraph and shall consult 
with any Indian tribe whose tribal lands are, or 
may be, flown over by a commercial air tour op-
erator under a voluntary agreement under this
202 
paragraph. After such opportunity for public re-
view and consultation, the voluntary agreement 
may be implemented without further adminis-
trative or environmental process beyond that 
described in this subsection. 
‘‘(D) TERMINATION.— 
‘‘(i) IN GENERAL.—A voluntary agree-
ment under this paragraph may be termi-
nated at any time at the discretion of— 
‘‘(I) the Director, if the Director 
determines that the agreement is not 
adequately protecting park resources 
or visitor experiences; or 
‘‘(II) the Administrator, if the 
Administrator determines that the 
agreement is adversely affecting avia-
tion safety or the national aviation 
system. 
‘‘(ii) EFFECT OF TERMINATION.—If a 
voluntary agreement with respect to a na-
tional park is terminated under this sub-
paragraph, the operators shall conform to 
the requirements for interim operating au-
thority under subsection (c) until an air
203 
tour management plan for the park is in 
effect.’’. 
(d) 
INTERIM
OPERATING
AUTHORITY.—Section 
40128(c) is amended— 
(1) by striking paragraph (2)(I) and inserting 
the following: 
‘‘(I) may allow for modifications of the in-
terim operating authority without further envi-
ronmental review beyond that described in this 
subsection, if— 
‘‘(i) adequate information regarding 
the existing and proposed operations of the 
operator under the interim operating au-
thority is provided to the Administrator 
and the Director; 
‘‘(ii) the Administrator determines 
that there would be no adverse impact on 
aviation safety or the air traffic control 
system; and 
‘‘(iii) the Director agrees with the 
modification, based on the professional ex-
pertise of the Director regarding the pro-
tection of the resources, values, and visitor 
use and enjoyment of the park.’’; and
204 
(2) in paragraph (3)(A) by striking ‘‘if the Ad-
ministrator determines’’ and all that follows through 
the period at the end and inserting ‘‘without further 
environmental process beyond that described in this 
paragraph, if— 
‘‘(i) adequate information on the pro-
posed operations of the operator is pro-
vided to the Administrator and the Direc-
tor by the operator making the request; 
‘‘(ii) the Administrator agrees that 
there would be no adverse impact on avia-
tion safety or the air traffic control sys-
tem; and 
‘‘(iii) the Director agrees, based on 
the Director’s professional expertise re-
garding the protection of park resources 
and values and visitor use and enjoy-
ment.’’. 
(e) OPERATOR REPORTS.—Section 40128 is amend-
ed— 
(1) by redesignating subsections (d), (e), and 
(f) as subsections (e), (f), and (g), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing:
205 
‘‘(d) COMMERCIAL
AIR
TOUR
OPERATOR
RE-
PORTS.— 
‘‘(1) REPORT.—Each commercial air tour oper-
ator conducting a commercial air tour operation over 
a national park under interim operating authority 
granted under subsection (c) or in accordance with 
an air tour management plan or voluntary agree-
ment under subsection (b) shall submit to the Ad-
ministrator and the Director a report regarding the 
number of commercial air tour operations over each 
national park that are conducted by the operator 
and such other information as the Administrator 
and Director may request in order to facilitate ad-
ministering the provisions of this section. 
‘‘(2) REPORT SUBMISSION.—Not later than 90 
days after the date of enactment of the FAA Reau-
thorization and Reform Act of 2011, the Adminis-
trator and the Director shall jointly issue an initial 
request for reports under this subsection. The re-
ports shall be submitted to the Administrator and 
the Director with a frequency and in a format pre-
scribed by the Administrator and the Director.’’. 
SEC. 502. STATE BLOCK GRANT PROGRAM. 
(a) GENERAL REQUIREMENTS.—Section 47128(a) is 
amended—
206 
(1) in the first sentence by striking ‘‘prescribe 
regulations’’ and inserting ‘‘issue guidance’’; and 
(2) in the second sentence by striking ‘‘regula-
tions’’ and inserting ‘‘guidance’’. 
(b) 
APPLICATIONS
AND
SELECTION.—Section 
47128(b)(4) is amended by inserting before the semicolon 
the following: ‘‘, including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and 
local environmental policy acts, Executive orders, agency 
regulations and guidance, and other Federal environ-
mental requirements’’. 
(c) ENVIRONMENTAL ANALYSIS AND COORDINATION 
REQUIREMENTS.—Section 47128 is amended by adding at 
the end the following: 
‘‘(d) ENVIRONMENTAL ANALYSIS
AND COORDINA-
TION REQUIREMENTS.—A Federal agency, other than the 
Federal Aviation Administration, that is responsible for 
issuing an approval, license, or permit to ensure compli-
ance with a Federal environmental requirement applicable 
to a project or activity to be carried out by a State using 
amounts from a block grant made under this section 
shall— 
‘‘(1) coordinate and consult with the State;
207 
‘‘(2) use the environmental analysis prepared by 
the State for the project or activity if such analysis 
is adequate; and 
‘‘(3) as necessary, consult with the State to de-
scribe the supplemental analysis the State must pro-
vide to meet applicable Federal requirements.’’. 
SEC. 
503. 
NEXTGEN 
ENVIRONMENTAL 
EFFICIENCY 
PROJECTS STREAMLINING. 
(a) AVIATION PROJECT REVIEW PROCESS.—Section 
47171(a) is amended in the matter preceding paragraph 
(1) by striking ‘‘and aviation security projects’’ and insert-
ing ‘‘aviation security projects, and NextGen environ-
mental efficiency projects’’. 
(b) AVIATION PROJECTS SUBJECT TO A STREAM-
LINED
ENVIRONMENTAL
REVIEW
PROCESS.—Section 
47171(b) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) 
AIRPORT
CAPACITY
ENHANCEMENT 
PROJECTS AT CONGESTED AIRPORTS AND CERTAIN 
NEXTGEN
ENVIRONMENTAL
EFFICIENCY 
PROJECTS.—The following projects shall be subject 
to the coordinated and expedited environmental re-
view process requirements set forth in this section:
208 
‘‘(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)’’.
210 
‘‘(2) NEXTGEN
ENVIRONMENTAL
EFFICIENCY 
PROJECT.—The term ‘NextGen environmental effi-
ciency project’ means a Next Generation Air Trans-
portation System aviation project that— 
‘‘(A) develops and certifies performance- 
based navigation procedures; or 
‘‘(B) develops other environmental mitiga-
tion projects the Secretary may designate as fa-
cilitating a reduction in noise, fuel consumption, 
or emissions from air traffic operations. 
‘‘(3) PERFORMANCE-BASED NAVIGATION.—The 
term ‘performance-based navigation’ means a frame-
work for defining performance requirements in navi-
gation specifications that— 
‘‘(A) can be applied to an air traffic route, 
instrument procedure, or defined airspace; or 
‘‘(B) provides a basis for the design and 
implementation of automated flight paths, air-
space design, and obstacle clearance.’’. 
SEC. 504. AIRPORT FUNDING OF SPECIAL STUDIES OR RE-
VIEWS. 
Section 47173(a) is amended by striking ‘‘services of 
consultants in order to’’ and all that follows through the 
period at the end and inserting ‘‘services of consultants—
211 
‘‘(1) to facilitate the timely processing, review, 
and completion of environmental activities associated 
with an airport development project; 
‘‘(2) to conduct special environmental studies 
related to an airport project funded with Federal 
funds; 
‘‘(3) to conduct special studies or reviews to 
support approved noise compatibility measures de-
scribed in part 150 of title 14, Code of Federal Reg-
ulations; 
‘‘(4) to conduct special studies or reviews to 
support environmental mitigation in a record of deci-
sion or finding of no significant impact by the Fed-
eral Aviation Administration; and 
‘‘(5) to facilitate the timely processing, review, 
and completion of environmental activities associated 
with new or amended flight procedures, including 
performance-based navigation procedures, such as 
required navigation performance procedures and 
area navigation procedures.’’. 
SEC. 505. NOISE COMPATIBILITY PROGRAMS. 
Section 47504(a)(2) is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
subparagraph (D);
212 
(2) by striking ‘‘operations.’’ in subparagraph 
(E) and inserting ‘‘operations; and’’; and 
(3) by adding at the end the following: 
‘‘(F) conducting comprehensive land use plan-
ning (including master plans, traffic studies, envi-
ronmental evaluation, and economic and feasibility 
studies), jointly with neighboring local jurisdictions 
undertaking community redevelopment in an area in 
which land or other property interests have been ac-
quired by the operator pursuant to this section, to 
encourage and enhance redevelopment opportunities 
that reflect zoning and uses that will prevent the in-
troduction of additional incompatible uses and en-
hance redevelopment potential.’’. 
SEC. 506. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT 
PROCEDURES. 
Section 47504 is amended by adding at the end the 
following: 
‘‘(e) GRANTS FOR ASSESSMENT OF FLIGHT PROCE-
DURES.— 
‘‘(1) IN
GENERAL.—In accordance with sub-
section (c)(1), the Secretary may make a grant to an 
airport operator to assist in completing environ-
mental review and assessment activities for pro-
posals to implement flight procedures at such airport
213 
that have been approved as part of an airport noise 
compatibility program under subsection (b). 
‘‘(2) ADDITIONAL STAFF.—The Administrator 
may accept funds from an airport operator, includ-
ing funds provided to the operator under paragraph 
(1), to hire additional staff or obtain the services of 
consultants in order to facilitate the timely proc-
essing, review, and completion of environmental ac-
tivities associated with proposals to implement flight 
procedures at such airport that have been approved 
as part of an airport noise compatibility program 
under subsection (b). 
‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL-
LECTIONS.—Notwithstanding section 3302 of title 
31, any funds accepted under this section— 
‘‘(A) shall be credited as offsetting collec-
tions to the account that finances the activities 
and services for which the funds are accepted; 
‘‘(B) shall be available for expenditure only 
to pay the costs of activities and services for 
which the funds are accepted; and 
‘‘(C) shall remain available until ex-
pended.’’.
214 
SEC. 507. DETERMINATION OF FAIR MARKET VALUE OF 
RESIDENTIAL PROPERTIES. 
Section 47504 (as amended by this Act) is further 
amended by adding at the end the following: 
‘‘(f) DETERMINATION OF FAIR MARKET VALUE OF 
RESIDENTIAL PROPERTIES.—In approving a project to 
acquire residential real property using financial assistance 
made available under this section or chapter 471, the Sec-
retary shall ensure that the appraisal of the property to 
be acquired disregards any decrease or increase in the fair 
market value of the real property caused by the project 
for which the property is to be acquired, or by the likeli-
hood that the property would be acquired for the project, 
other than that due to physical deterioration within the 
reasonable control of the owner.’’. 
SEC. 508. PROHIBITION ON OPERATING CERTAIN AIRCRAFT 
WEIGHING 75,000 POUNDS OR LESS NOT COM-
PLYING WITH STAGE 3 NOISE LEVELS. 
(a) IN GENERAL.—Subchapter II of chapter 475 is 
amended by adding at the end the following: 
‘‘§ 47534. Prohibition on operating certain aircraft 
weighing 75,000 pounds or less not com-
plying with stage 3 noise levels 
‘‘(a) PROHIBITION.—Except as otherwise provided by 
this section, after December 31, 2016, a person may not 
operate a civil subsonic jet airplane with a maximum
215 
weight of 75,000 pounds or less, and for which an air-
worthiness certificate (other than an experimental certifi-
cate) has been issued, to or from an airport in the United 
States unless the Secretary of Transportation finds that 
the aircraft complies with stage 3 noise levels. 
‘‘(b) AIRCRAFT OPERATIONS OUTSIDE 48 CONTIG-
UOUS STATES.—Subsection (a) shall not apply to aircraft 
operated only outside the 48 contiguous States. 
‘‘(c) TEMPORARY OPERATIONS.—The Secretary may 
allow temporary operation of an aircraft otherwise prohib-
ited from operation under subsection (a) to or from an 
airport in the contiguous United States by granting a spe-
cial flight authorization for one or more of the following 
circumstances: 
‘‘(1) To sell, lease, or use the aircraft outside 
the 48 contiguous States. 
‘‘(2) To scrap the aircraft. 
‘‘(3) To obtain modifications to the aircraft to 
meet stage 3 noise levels. 
‘‘(4) To perform scheduled heavy maintenance 
or significant modifications on the aircraft at a 
maintenance facility located in the contiguous 48 
States.
216 
‘‘(5) To deliver the aircraft to an operator leas-
ing the aircraft from the owner or return the air-
craft to the lessor. 
‘‘(6) To prepare, park, or store the aircraft in 
anticipation of any of the activities described in 
paragraphs (1) through (5). 
‘‘(7) To provide transport of persons and goods 
in the relief of an emergency situation. 
‘‘(8) To divert the aircraft to an alternative air-
port in the 48 contiguous States on account of 
weather, mechanical, fuel, air traffic control, or 
other safety reasons while conducting a flight in 
order to perform any of the activities described in 
paragraphs (1) through (7). 
‘‘(d) REGULATIONS.—The Secretary may prescribe 
such regulations or other guidance as may be necessary 
for the implementation of this section. 
‘‘(e) STATUTORY CONSTRUCTION.— 
‘‘(1) AIP GRANT ASSURANCES.—Noncompliance 
with subsection (a) shall not be construed as a viola-
tion of section 47107 or any regulations prescribed 
thereunder. 
‘‘(2) PENDING APPLICATIONS.—Nothing in this 
section may be construed as interfering with, nul-
lifying, or otherwise affecting determinations made
217 
by the Federal Aviation Administration, or to be 
made by the Administration, with respect to applica-
tions under part 161 of title 14, Code of Federal 
Regulations, that were pending on the date of enact-
ment of this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 47531 is amended— 
(A) in the section heading by striking ‘‘for 
violating sections 47528–47530’’; and 
(B) by striking ‘‘47529, or 47530’’ and in-
serting ‘‘47529, 47530, or 47534’’. 
(2) Section 47532 is amended by inserting ‘‘or 
47534’’ after ‘‘47528–47531’’. 
(3) The analysis for subchapter II of chapter 
475 is amended— 
(A) by striking the item relating to section 
47531 and inserting the following: 
‘‘47531. Penalties.’’; and 
(B) by adding at the end the following: 
‘‘47534. Prohibition on operating certain aircraft weighing 75,000 pounds or 
less not complying with stage 3 noise levels.’’. 
SEC. 509. AIRCRAFT DEPARTURE QUEUE MANAGEMENT 
PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
shall carry out a pilot program at not more than 5 public- 
use airports under which the Federal Aviation Administra-
218 
tion shall use funds made available under section 48101(a) 
to test air traffic flow management tools, methodologies, 
and procedures that will allow air traffic controllers of the 
Administration to better manage the flow of aircraft on 
the ground and reduce the length of ground holds and 
idling time for aircraft. 
(b) SELECTION CRITERIA.—In selecting from among 
airports at which to conduct the pilot program, the Sec-
retary shall give priority consideration to airports at which 
improvements in ground control efficiencies are likely to 
achieve the greatest fuel savings or air quality or other 
environmental benefits, as measured by the amount of re-
duced fuel, reduced emissions, or other environmental ben-
efits per dollar of funds expended under the pilot program. 
(c) MAXIMUM AMOUNT.—Not more than a total of 
$2,500,000 may be expended under the pilot program at 
any single public-use airport. 
SEC. 510. HIGH PERFORMANCE, SUSTAINABLE, AND COST- 
EFFECTIVE AIR TRAFFIC CONTROL FACILI-
TIES. 
The Administrator of the Federal Aviation Adminis-
tration may implement, to the extent practicable, sustain-
able practices for the incorporation of energy-efficient de-
sign, equipment, systems, and other measures in the con-
struction and major renovation of air traffic control facili-
219 
ties of the Administration in order to reduce energy con-
sumption at, improve the environmental performance of, 
and reduce the cost of maintenance for such facilities. 
SEC. 511. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the European Union directive extending the 
European Union’s emissions trading proposal to 
international civil aviation without working through 
the International Civil Aviation Organization (in this 
section referred to as the ‘‘ICAO’’) in a consensus- 
based fashion is inconsistent with the Convention on 
International Civil Aviation, completed in Chicago on 
December 7, 1944 (TIAS 1591; commonly known as 
the ‘‘Chicago Convention’’), and other relevant air 
services agreements and antithetical to building 
international cooperation to address effectively the 
problem of greenhouse gas emissions by aircraft en-
gaged in international civil aviation; 
(2) the European Union and its member states 
should instead work with other contracting states of 
ICAO to develop a consensual approach to address-
ing aircraft greenhouse gas emissions through 
ICAO; and 
(3) officials the United States Government, and 
particularly the Secretary of Transportation and the
220 
Administrator of the Federal Aviation Administra-
tion, should use all political, diplomatic, and legal 
tools at the disposal of the United States to ensure 
that the European Union’s emissions trading scheme 
is not applied to aircraft registered by the United 
States or the operators of those aircraft, including 
the mandates that United States carriers provide 
emissions data to and purchase emissions allowances 
from or surrender emissions allowances to the Euro-
pean Union Member States. 
SEC. 512. AVIATION NOISE COMPLAINTS. 
(a) TELEPHONE NUMBER POSTING.—Not later than 
90 days after the date of enactment of this Act, each 
owner or operator of a large hub airport (as defined in 
section 40102(a) of title 49, United States Code) shall 
publish on an Internet Web site of the airport a telephone 
number to receive aviation noise complaints related to the 
airport. 
(b) SUMMARIES AND REPORTS.—Not later than 15 
months after the date of enactment of this Act, and annu-
ally thereafter, an owner or operator that receives noise 
complaints from 25 individuals during the preceding year 
under subsection (a) shall submit to the Administrator of 
the Federal Aviation Administration a report regarding 
the number of complaints received and a summary regard-
221 
ing the nature of such complaints. The Administrator 
shall make such information available to the public by 
electronic means. 
TITLE VI—FAA EMPLOYEES AND 
ORGANIZATION 
SEC. 
601. 
FEDERAL 
AVIATION 
ADMINISTRATION 
PER-
SONNEL MANAGEMENT SYSTEM. 
Section 40122(a) is amended— 
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) DISPUTE RESOLUTION.— 
‘‘(A) MEDIATION.—If the Administrator 
does not reach an agreement under paragraph 
(1) or the provisions referred to in subsection 
(g)(2)(C) with the exclusive bargaining rep-
resentative of the employees, the Administrator 
and the bargaining representative— 
‘‘(i) shall use the services of the Fed-
eral Mediation and Conciliation Service to 
attempt to reach such agreement in ac-
cordance with part 1425 of title 29, Code 
of Federal Regulations (as in effect on the
222 
date of enactment of the FAA Reauthor-
ization and Reform Act of 2011); or 
‘‘(ii) may by mutual agreement adopt 
alternative procedures for the resolution of 
disputes or impasses arising in the negotia-
tion of the collective-bargaining agreement. 
‘‘(B) MID-TERM BARGAINING.—If the serv-
ices of the Federal Mediation and Conciliation 
Service under subparagraph (A)(i) do not lead 
to the resolution of issues in controversy arising 
from the negotiation of a mid-term collective- 
bargaining agreement, the Federal Service Im-
passes Panel shall assist the parties in resolving 
the impasse in accordance with section 7119 of 
title 5. 
‘‘(C) BINDING
ARBITRATION
FOR
TERM 
BARGAINING.— 
‘‘(i) 
ASSISTANCE
FROM
FEDERAL 
SERVICE IMPASSES PANEL.—If the services 
of the Federal Mediation and Conciliation 
Service under subparagraph (A)(i) do not 
lead to the resolution of issues in con-
troversy arising from the negotiation of a 
term collective-bargaining agreement, the 
Administrator and the exclusive bargaining
223 
representative of the employees (in this 
subparagraph referred to as the ‘parties’) 
shall submit their issues in controversy to 
the Federal Service Impasses Panel. The 
Panel shall assist the parties in resolving 
the impasse by asserting jurisdiction and 
ordering binding arbitration by a private 
arbitration board consisting of 3 members. 
‘‘(ii) APPOINTMENT OF ARBITRATION 
BOARD.—The Executive Director of the 
Panel shall provide for the appointment of 
the 3 members of a private arbitration 
board under clause (i) by requesting the 
Director of the Federal Mediation and 
Conciliation Service to prepare a list of not 
less than 15 names of arbitrators with 
Federal sector experience and by providing 
the list to the parties. Not later than 10 
days after receiving the list, the parties 
shall each select one person from the list. 
The 2 arbitrators selected by the parties 
shall then select a third person from the 
list not later than 7 days after being se-
lected. If either of the parties fails to select 
a person or if the 2 arbitrators are unable
224 
to agree on the third person in 7 days, the 
parties shall make the selection by alter-
nately striking names on the list until one 
arbitrator remains. 
‘‘(iii) 
FRAMING
ISSUES
IN
CON-
TROVERSY.—If the parties do not agree on 
the framing of the issues to be submitted 
for arbitration, the arbitration board shall 
frame the issues. 
‘‘(iv) 
HEARINGS.—The 
arbitration 
board shall give the parties a full and fair 
hearing, 
including 
an 
opportunity 
to 
present evidence in support of their claims 
and an opportunity to present their case in 
person, by counsel, or by other representa-
tive as they may elect. 
‘‘(v) 
DECISIONS.—The 
arbitration 
board shall render its decision within 90 
days after the date of its appointment. De-
cisions of the arbitration board shall be 
conclusive and binding upon the parties. 
‘‘(vi) 
MATTERS
FOR
CONSIDER-
ATION.—The arbitration board shall take 
into consideration such factors as—
225 
‘‘(I) the effect of its arbitration 
decisions on the Federal Aviation Ad-
ministration’s ability to attract and 
retain a qualified workforce; 
‘‘(II) the effect of its arbitration 
decisions on the Federal Aviation Ad-
ministration’s budget; 
‘‘(III) the effect of its arbitration 
decisions on other Federal Aviation 
Administration employees; and 
‘‘(IV) any other factors whose 
consideration would assist the board 
in fashioning a fair and equitable 
award. 
‘‘(vii) COSTS.—The parties shall share 
costs of the arbitration equally. 
‘‘(3) RATIFICATION
OF
AGREEMENTS.—Upon 
reaching a voluntary agreement or at the conclusion 
of the binding arbitration under paragraph (2)(C), 
the final agreement, except for those matters de-
cided by an arbitration board, shall be subject to 
ratification by the exclusive bargaining representa-
tive of the employees, if so requested by the bar-
gaining representative, and the final agreement shall 
be subject to approval by the head of the agency in
226 
accordance with the provisions referred to in sub-
section (g)(2)(C).’’. 
SEC. 602. PRESIDENTIAL RANK AWARD PROGRAM. 
Section 40122(g)(2) is amended— 
(1) in subparagraph (G) by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (H) by striking ‘‘Board.’’ 
and inserting ‘‘Board; and’’; and 
(3) by adding at the end the following: 
‘‘(I) subsections (b), (c), and (d) of section 
4507 (relating to Meritorious Executive or Dis-
tinguished Executive rank awards) and sub-
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;
227 
‘‘(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 
be in addition to the basic pay paid under 
the Federal Aviation Administration Exec-
utive Compensation Plan; and 
‘‘(iii) receipt by a career appointee or 
a senior career employee of the rank of 
Distinguished Executive or Distinguished 
Senior Professional entitles the individual 
to a lump-sum payment of an amount 
equal to 35 percent of annual basic pay, 
which shall be in addition to the basic pay 
paid under the Federal Aviation Adminis-
tration Executive Compensation Plan.’’.
228 
SEC. 603. FAA TECHNICAL TRAINING AND STAFFING. 
(a) STUDY.— 
(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration shall conduct a 
study to assess the adequacy of the Administrator’s 
technical training strategy and improvement plan for 
airway transportation systems specialists (in this 
section referred to as ‘‘FAA systems specialists’’). 
(2) CONTENTS.—The study shall include— 
(A) a review of the current technical train-
ing strategy and improvement plan for FAA 
systems specialists; 
(B) recommendations to improve the tech-
nical training strategy and improvement plan 
needed by FAA systems specialists to be pro-
ficient in the maintenance of the latest tech-
nologies; 
(C) a description of actions that the Ad-
ministration has undertaken to ensure that 
FAA systems specialists receive up-to-date 
training on the latest technologies; and 
(D) a recommendation regarding the most 
cost-effective approach to provide training to 
FAA systems specialists. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Administrator
229 
shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results 
of the study. 
(b) WORKLOAD OF SYSTEMS SPECIALISTS.— 
(1) 
STUDY
BY
NATIONAL
ACADEMY
OF 
SCIENCES.—Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall make appropriate 
arrangements for the National Academy of Sciences 
to conduct a study of the assumptions and methods 
used by the Federal Aviation Administration to esti-
mate staffing needs for FAA systems specialists to 
ensure proper maintenance and certification of the 
national airspace system in the most cost effective 
manner. 
(2) CONSULTATION.—In conducting the study, 
the National Academy of Sciences shall interview in-
terested parties, including labor, government, and 
industry representatives. 
(3) REPORT.—Not later than 1 year after the 
initiation of the arrangements under paragraph (1), 
the National Academy of Sciences shall submit to 
Congress a report on the results of the study.
230 
SEC. 604. SAFETY CRITICAL STAFFING. 
(a) IN GENERAL.—Not later than October 1, 2011, 
the Administrator of the Federal Aviation Administration 
shall implement, to the extent practicable and in a cost- 
effective manner, the staffing model for aviation safety in-
spectors developed pursuant to the National Academy of 
Sciences study entitled ‘‘Staffing Standards for Aviation 
Safety Inspectors’’. In doing so, the Administrator shall 
consult with interested persons, including aviation safety 
inspectors. 
(b) REPORT.—Not later than October 1 of each fiscal 
year beginning after September 30, 2011, the Adminis-
trator shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate, the staffing model described in subsection 
(a). 
(c) SAFETY CRITICAL POSITIONS DEFINED.—In this 
section, the term ‘‘safety critical positions’’ means— 
(1) aviation safety inspectors, safety technical 
specialists, and operational support positions in the 
Flight Standards Service (as such terms are used in 
the Administration’s fiscal year 2011 congressional 
budget justification); and 
(2) manufacturing safety inspectors, pilots, en-
gineers, chief scientific and technical advisors, safety
231 
technical specialists, and operational support posi-
tions in the Aircraft Certification Service (as such 
terms are used in the Administration’s fiscal year 
2011 congressional budget justification). 
SEC. 605. FAA AIR TRAFFIC CONTROLLER STAFFING. 
(a) STUDY BY NATIONAL ACADEMY OF SCIENCES.— 
Not later than 90 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Adminis-
tration shall enter into appropriate arrangements with the 
National Academy of Sciences to conduct a study of the 
air traffic controller standards used by the Federal Avia-
tion Administration (in this section referred to as the 
‘‘FAA’’) to estimate staffing needs for FAA air traffic 
controllers to ensure the safe operation of the national air-
space system in the most cost effective manner. 
(b) CONSULTATION.—In conducting the study, the 
National Academy of Sciences shall interview interested 
parties, including employee, Government, and industry 
representatives. 
(c) CONTENTS.—The study shall include— 
(1) an examination of representative informa-
tion on productivity, human factors, traffic activity, 
and improved technology and equipment used in air 
traffic control;
232 
(2) an examination of recent National Academy 
of Sciences reviews of the complexity model per-
formed by MITRE Corporation that support the 
staffing standards models for the en route air traffic 
control environment; and 
(3) consideration of the Administration’s cur-
rent and estimated budgets and the most cost-effec-
tive staffing model to best leverage available fund-
ing. 
(d) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the National Academy of 
Sciences shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report on the results of the study. 
SEC. 606. AIR TRAFFIC CONTROL SPECIALIST QUALIFICA-
TION TRAINING. 
Section 44506 is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) AIR TRAFFIC CONTROL SPECIALIST QUALIFICA-
TION TRAINING.—
233 
‘‘(1) APPOINTMENT OF AIR TRAFFIC CONTROL 
SPECIALISTS.—The Administrator is authorized to 
appoint a qualified air traffic control specialist can-
didate for placement in an airport traffic control fa-
cility if the candidate has— 
‘‘(A) received a control tower operator cer-
tification (referred to in this subsection as a 
‘CTO’ certificate); and 
‘‘(B) satisfied all other applicable qualifica-
tion requirements for an air traffic control spe-
cialist position. 
‘‘(2) COMPENSATION AND BENEFITS.—An indi-
vidual appointed under paragraph (1) shall receive 
the same compensation and benefits, and be treated 
in the same manner as, any other individual ap-
pointed as a developmental air traffic controller. 
‘‘(3) REPORT.—Not later than 18 months after 
the date of enactment of the FAA Reauthorization 
and Reform Act of 2011, the Administrator shall 
submit to Congress a report that evaluates the effec-
tiveness of the air traffic control specialist qualifica-
tion training provided pursuant to this section, in-
cluding the graduation rates of candidates who re-
ceived a CTO certificate and are working in airport 
traffic control facilities.
234 
‘‘(4) ADDITIONAL APPOINTMENTS.—If the Ad-
ministrator determines that air traffic control spe-
cialists appointed pursuant to this subsection are 
more successful in carrying out the duties of an air 
traffic controller than air traffic control specialists 
hired from the general public without any such cer-
tification, the Administrator shall increase the num-
ber of appointments of candidates who possess such 
certification. 
‘‘(5) REIMBURSEMENT FOR TRAVEL EXPENSES 
ASSOCIATED WITH CERTIFICATIONS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Administrator may accept reim-
bursement from an educational entity that pro-
vides training to an air traffic control specialist 
candidate to cover reasonable travel expenses of 
the Administrator associated with issuing cer-
tifications to such candidates. 
‘‘(B) 
TREATMENT
OF
REIMBURSE-
MENTS.—Notwithstanding section 3302 of title 
31, any reimbursement authorized to be col-
lected under subparagraph (A) shall— 
‘‘(i) be credited as offsetting collec-
tions to the account that finances the ac-
235 
tivities and services for which the reim-
bursement is accepted; 
‘‘(ii) be available for expenditure only 
to pay the costs of activities and services 
for which the reimbursement is accepted, 
including all costs associated with col-
lecting such reimbursement; and 
‘‘(iii) 
remain 
available 
until 
ex-
pended.’’. 
SEC. 607. ASSESSMENT OF TRAINING PROGRAMS FOR AIR 
TRAFFIC CONTROLLERS. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study to assess the 
adequacy of training programs for air traffic controllers, 
including the Administrator’s technical training strategy 
and improvement plan for air traffic controllers. 
(b) CONTENTS.—The study shall include— 
(1) a review of the current training system for 
air traffic controllers, including the technical train-
ing strategy and improvement plan; 
(2) an analysis of the competencies required of 
air traffic controllers for successful performance in 
the current and future projected air traffic control 
environment;
236 
(3) an analysis of the competencies projected to 
be required of air traffic controllers as the Federal 
Aviation Administration transitions to the Next Gen-
eration Air Transportation System; 
(4) an analysis of various training approaches 
available to satisfy the controller competencies iden-
tified under paragraphs (2) and (3); 
(5) recommendations to improve the current 
training system for air traffic controllers, including 
the technical training strategy and improvement 
plan; and 
(6) the most cost-effective approach to provide 
training to air traffic controllers. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report on the results of the study. 
SEC. 608. COLLEGIATE TRAINING INITIATIVE STUDY. 
(a) STUDY.—The Comptroller General shall conduct 
a study on training options for graduates of the Collegiate 
Training Initiative program (in this section referred to as 
‘‘CTI’’ programs) conducted under section 44506(c) of 
title 49, United States Code.
237 
(b) CONTENTS.—The study shall analyze the impact 
of providing as an alternative to the current training pro-
vided at the Mike Monroney Aeronautical Center of the 
Federal Aviation Administration a new controller orienta-
tion session at the Mike Monroney Aeronautical Center 
for graduates of CTI programs followed by on-the-job 
training for newly hired air traffic controllers who are 
graduates of CTI programs and shall include an analysis 
of— 
(1) the cost effectiveness of such an alternative 
training approach; and 
(2) the effect that such an alternative training 
approach would have on the overall quality of train-
ing received by graduates of CTI programs. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Comptroller General shall 
submit to the Committee on Transportation and Infra-
structure 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. 
SEC. 609. FAA FACILITY CONDITIONS. 
(a) STUDY.—The Comptroller General shall conduct 
a study of— 
(1) the conditions of a sampling of Federal 
Aviation Administration facilities across the United
238 
States, including offices, towers, centers, and ter-
minal radar air control; 
(2) reports from employees of the Administra-
tion relating to respiratory ailments and other health 
conditions resulting from exposure to mold, asbestos, 
poor air quality, radiation, and facility-related haz-
ards in facilities of the Administration; 
(3) conditions of such facilities that could inter-
fere with such employees’ ability to effectively and 
safely perform their duties; 
(4) the ability of managers and supervisors of 
such employees to promptly document and seek re-
mediation for unsafe facility conditions; 
(5) whether employees of the Administration 
who report facility-related illnesses are treated ap-
propriately; 
(6) utilization of scientifically approved remedi-
ation techniques to mitigate hazardous conditions in 
accordance with applicable State and local regula-
tions and Occupational Safety and Health Adminis-
tration practices by the Administration; and 
(7) resources allocated to facility maintenance 
and renovation by the Administration. 
(b) FACILITY
CONDITION
INDICES.—The Comp-
troller General shall review the facility condition indices
239 
of the Administration for inclusion in the recommenda-
tions under subsection (c). 
(c) RECOMMENDATIONS.—Based on the results of the 
study and review of facility condition indices under sub-
section (a), the Comptroller General shall make such rec-
ommendations as the Comptroller General considers nec-
essary to— 
(1) prioritize those facilities needing the most 
immediate attention based on risks to employee 
health and safety; 
(2) ensure that the Administration is using sci-
entifically approved remediation techniques in all fa-
cilities; and 
(3) assist the Administration in making pro-
grammatic changes so that aging facilities do not de-
teriorate to unsafe levels. 
(d) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
submit to the Administrator, 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 results of the study, 
including the recommendations under subsection (c).
240 
SEC. 610. FRONTLINE MANAGER STAFFING. 
(a) STUDY.—Not later than 45 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall commission an independent 
study on frontline manager staffing requirements in air 
traffic control facilities. 
(b) CONSIDERATIONS.—In conducting the study, the 
Administrator may take into consideration— 
(1) the managerial tasks expected to be per-
formed by frontline managers, including employee 
development, management, and counseling; 
(2) the number of supervisory positions of oper-
ation requiring watch coverage in each air traffic 
control facility; 
(3) coverage requirements in relation to traffic 
demand; 
(4) facility type; 
(5) complexity of traffic and managerial respon-
sibilities; 
(6) proficiency and training requirements; and 
(7) such other factors as the Administrator con-
siders appropriate. 
(c) PARTICIPATION.—The Administrator shall ensure 
the participation of frontline managers who currently work 
in safety-related operational areas of the Administration.
241 
(d) DETERMINATIONS.—The Administrator shall 
transmit any determinations made as a result of the study 
to the heads of the appropriate lines of business within 
the Administration, including the Chief Operating Officer 
of the Air Traffic Organization. 
(e) REPORT.—Not later than 9 months after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a re-
port on the results of the study and a description of any 
determinations submitted to the Chief Operating Officer 
under subsection (c). 
(f) DEFINITION.—In this section, the term ‘‘frontline 
manager’’ means first-level, operational supervisors and 
managers who work in safety-related operational areas of 
the Administration. 
TITLE VII—AVIATION 
INSURANCE 
SEC. 701. GENERAL AUTHORITY. 
(a) EXTENSION OF POLICIES.—Section 44302(f)(1) 
is amended by striking ‘‘shall extend through’’ and all that 
follows through ‘‘the termination date’’ and inserting 
‘‘shall extend through September 30, 2013, and may ex-
tend through December 31, 2013, the termination date’’.
242 
(b) SUCCESSOR
PROGRAM.—Section 44302(f) is 
amended by adding at the end the following: 
‘‘(3) SUCCESSOR PROGRAM.— 
‘‘(A) IN
GENERAL.—After December 31, 
2021, coverage for the risks specified in a policy 
that has been extended under paragraph (1) 
shall be provided in an airline industry spon-
sored risk retention or other risk-sharing ar-
rangement approved by the Secretary. 
‘‘(B) TRANSFER OF PREMIUMS.— 
‘‘(i) IN GENERAL.—On December 31, 
2021, and except as provided in clause (ii), 
premiums collected by the Secretary from 
the airline industry after September 22, 
2001, for any policy under this subsection, 
and interest earned thereon, as determined 
by the Secretary, shall be transferred to an 
airline industry sponsored risk retention or 
other risk-sharing arrangement approved 
by the Secretary. 
‘‘(ii) DETERMINATION
OF
AMOUNT 
TRANSFERRED.—The amount transferred 
pursuant to clause (i) shall be less— 
‘‘(I) the amount of any claims 
paid out on such policies from Sep-
243 
tember 22, 2001, through December 
31, 2021; 
‘‘(II) the amount of any claims 
pending under such policies as of De-
cember 31, 2021; and 
‘‘(III) the cost, as determined by 
the Secretary, of administering the 
provision of insurance policies under 
this chapter from September 22, 
2001, through December 31, 2021.’’. 
SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD- 
PARTY LIABILITY OF AIR CARRIERS ARISING 
OUT OF ACTS OF TERRORISM. 
The first sentence of section 44303(b) is amended by 
striking ‘‘ending on’’ and all that follows through ‘‘the 
Secretary may certify’’ and inserting ‘‘ending on Decem-
ber 31, 2013, the Secretary may certify’’. 
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY. 
The second sentence of section 44304 is amended by 
striking ‘‘the carrier’’ and inserting ‘‘any insurance car-
rier’’. 
SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS. 
The second sentence of section 44308(c)(1) is amend-
ed by striking ‘‘agent’’ and inserting ‘‘agent, or a claims 
adjuster who is independent of the underwriting agent,’’.
244 
TITLE VIII—MISCELLANEOUS 
SEC. 801. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN 
INTEREST OF NATIONAL SECURITY. 
Section 40119(b) is amended by adding at the end 
the following: 
‘‘(4) Section 552a of title 5 shall not apply to disclo-
sures that the Administrator may make from the systems 
of records of the Administration to any Federal law en-
forcement, intelligence, protective service, immigration, or 
national security official in order to assist the official re-
ceiving the information in the performance of official du-
ties.’’. 
SEC. 802. FAA AUTHORITY TO CONDUCT CRIMINAL HIS-
TORY RECORD CHECKS. 
(a) IN GENERAL.—Chapter 401 is amended by add-
ing at the end the following: 
‘‘§ 40130. FAA authority to conduct criminal history 
record checks 
‘‘(a) CRIMINAL HISTORY BACKGROUND CHECKS.— 
‘‘(1) ACCESS TO INFORMATION.—The Adminis-
trator of the Federal Aviation Administration, for 
certification purposes of the Administration only, is 
authorized— 
‘‘(A) to conduct, in accordance with the es-
tablished request process, a criminal history
245 
background check of an airman in the criminal 
repositories of the Federal Bureau of Investiga-
tion and States by submitting positive identi-
fication of the airman to a fingerprint-based re-
pository in compliance with section 217 of the 
National Crime Prevention and Privacy Com-
pact Act of 1998 (42 U.S.C. 14616); and 
‘‘(B) to receive relevant criminal history 
record 
information 
regarding 
the 
airman 
checked. 
‘‘(2) RELEASE OF INFORMATION.—In accessing 
a repository referred to in paragraph (1), the Ad-
ministrator shall be subject to the conditions and 
procedures established by the Department of Justice 
or the State, as appropriate, for other governmental 
agencies conducting background checks for non-
criminal justice purposes. 
‘‘(3) LIMITATION.—The Administrator may not 
use the authority under paragraph (1) to conduct 
criminal investigations. 
‘‘(4) 
REIMBURSEMENT.—The 
Administrator 
may collect reimbursement to process the finger-
print-based checks under this subsection, to be used 
for expenses incurred, including Federal Bureau of 
Investigation fees, in providing these services.
246 
‘‘(b) DESIGNATED EMPLOYEES.—The Administrator 
shall designate, by order, employees of the Federal Avia-
tion Administration to carry out the authority described 
in subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 401 is amended by adding at the end the following: 
‘‘40130. FAA authority to conduct criminal history record checks.’’. 
SEC. 803. CIVIL PENALTIES TECHNICAL AMENDMENTS. 
Section 46301 is amended— 
(1) in subsection (a)(1)(A) by inserting ‘‘chap-
ter 451,’’ before ‘‘section 47107(b)’’; 
(2) in subsection (a)(5)(A)(i)— 
(A) by striking ‘‘or chapter 449’’ and in-
serting ‘‘chapter 449’’; and 
(B) by inserting after ‘‘44909)’’ the fol-
lowing: ‘‘, or chapter 451’’; 
(3) in subsection (d)(2)— 
(A) by inserting after ‘‘44723)’’ the fol-
lowing: ‘‘, chapter 451 (except section 45107)’’; 
(B) by inserting after ‘‘44909),’’ the fol-
lowing: ‘‘section 45107,’’; 
(C) by striking ‘‘46302’’ and inserting 
‘‘section 46302’’; and 
(D) by striking ‘‘46303’’ and inserting 
‘‘section 46303’’; and 
(4) in subsection (f)(1)(A)(i)—
247 
(A) by striking ‘‘or chapter 449’’ and in-
serting ‘‘chapter 449’’; and 
(B) by inserting after ‘‘44909)’’ the fol-
lowing: ‘‘, or chapter 451’’. 
SEC. 804. REALIGNMENT AND CONSOLIDATION OF FAA 
SERVICES AND FACILITIES. 
(a) IN GENERAL.—Chapter 445 (as amended by this 
Act) is further amended by adding at the end the following 
new section: 
‘‘§ 44519. Realignment and consolidation of FAA serv-
ices and facilities 
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish a fair process that will result in the realignment 
and consolidation of FAA services and facilities to help 
reduce capital, operating, maintenance, and administrative 
costs and facilitate Next Generation Air Transportation 
System air traffic control modernization efforts without 
adversely affecting safety. 
‘‘(b) GENERAL AUTHORITY.—Subject to the require-
ments of this section, the Administrator of the Federal 
Aviation Administration shall realign and consolidate FAA 
services and facilities pursuant to recommendations made 
by the Aviation Facilities and Services Board established 
under subsection (g). 
‘‘(c) ADMINISTRATOR’S RECOMMENDATIONS.—
248 
‘‘(1) PROPOSED CRITERIA.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall develop proposed criteria for use by the 
Administrator in making recommendations for 
the realignment and consolidation of FAA serv-
ices and facilities under this section. 
‘‘(B) PUBLICATION; TRANSMITTAL TO CON-
GRESS.—Not later than 30 days after the date 
of enactment of this section, the Administrator 
shall publish the proposed criteria in the Fed-
eral Register and transmit the proposed criteria 
to the congressional committees of interest. 
‘‘(C) NOTICE
AND
COMMENT.—The Ad-
ministrator shall provide an opportunity for 
public comment on the proposed criteria for a 
period of at least 30 days and shall include no-
tice of that opportunity in the Federal Register. 
‘‘(2) FINAL CRITERIA.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall establish final criteria based on the pro-
posed criteria developed under paragraph (1). 
‘‘(B) PUBLICATION; TRANSMITTAL TO CON-
GRESS.—Not later than 90 days after the date 
of enactment of this section, the Administrator 
shall publish the final criteria in the Federal
249 
Register and transmit the final criteria to the 
congressional committees of interest. 
‘‘(3) RECOMMENDATIONS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall make recommendations for the realign-
ment and consolidation of FAA services and fa-
cilities under this section based on the final cri-
teria established under paragraph (2). 
‘‘(B) CONTENTS.—The recommendations 
shall consist of a list of FAA services and facili-
ties for realignment and consolidation, together 
with a justification for each service and facility 
included on the list. 
‘‘(C) 
PUBLICATION; 
TRANSMITTAL
TO 
BOARD
AND
CONGRESS.—Not later than 120 
days after the date of enactment of this section, 
the Administrator shall publish the rec-
ommendations in the Federal Register and 
transmit the recommendations to the Board 
and the congressional committees of interest. 
‘‘(D) INFORMATION.—The Administrator 
shall make available to the Board and the 
Comptroller General all information used by the 
Administrator in establishing the recommenda-
tions.
250 
‘‘(E) ADDITIONAL
RECOMMENDATIONS.— 
The Administrator is authorized to make addi-
tional recommendations under this paragraph 
every 2 years. 
‘‘(d) BOARD’S REVIEW AND RECOMMENDATIONS.— 
‘‘(1) PUBLIC
HEARINGS.—Not later than 30 
days after the date of receipt of the Administrator’s 
recommendations under subsection (c), the Board 
shall conduct public hearings on the recommenda-
tions. 
‘‘(2) BOARD’S RECOMMENDATIONS.— 
‘‘(A) REPORT
TO
CONGRESS.—Based on 
the Board’s review and analysis of the Adminis-
trator’s recommendations and any public com-
ments received under paragraph (1), the Board 
shall develop a report containing the Board’s 
findings and conclusions concerning the Admin-
istrator’s recommendations, together with the 
Board’s recommendations for realignment and 
consolidation of FAA services and facilities. The 
Board shall explain and justify in the report 
any recommendation made by the Board that 
differs from a recommendation made by the Ad-
ministrator.
251 
‘‘(B) PUBLICATION
IN
FEDERAL
REG-
ISTER; TRANSMITTAL TO CONGRESS.—Not later 
than 60 days after the date of receipt of the 
Administrator’s recommendations under sub-
section (c), the Board shall publish the report 
in the Federal Register and transmit the report 
to the congressional committees of interest. 
‘‘(3) ASSISTANCE
OF
COMPTROLLER
GEN-
ERAL.—The Comptroller General shall assist the 
Board, to the extent requested by the Board, in the 
Board’s review and analysis of the Administrator’s 
recommendations. 
‘‘(e) REALIGNMENT AND CONSOLIDATION OF FAA 
SERVICES AND FACILITIES.—Subject to subsection (f), 
the Administrator shall— 
‘‘(1) realign or consolidate the FAA services 
and facilities recommended for realignment or con-
solidation by the Board in a report transmitted 
under subsection (d); 
‘‘(2) initiate all such realignments and consoli-
dations not later than 1 year after the date of the 
report; and 
‘‘(3) complete all such realignments and con-
solidations not later than 3 years after the date of 
the report.
252 
‘‘(f) CONGRESSIONAL DISAPPROVAL.— 
‘‘(1) IN GENERAL.—The Administrator may not 
carry out a recommendation of the Board for re-
alignment or consolidation of FAA services and fa-
cilities that is included in a report transmitted under 
subsection (d) if a joint resolution of disapproval is 
enacted disapproving such recommendation before 
the earlier of— 
‘‘(A) the last day of the 30-day period be-
ginning on the date of the report; or 
‘‘(B) the adjournment of Congress sine die 
for the session during which the report is trans-
mitted. 
‘‘(2) COMPUTATION
OF
30-DAY
PERIOD.—For 
purposes of paragraph (1)(A), the days on which ei-
ther house of Congress is not in session because of 
an adjournment of more than 3 days to a day cer-
tain shall be excluded in computation of the 30-day 
period. 
‘‘(g) AVIATION FACILITIES AND SERVICES BOARD.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 
days after the date of enactment of this section, the 
Secretary of Transportation shall establish an inde-
pendent board to be known as the ‘Aviation Facili-
ties and Services Board’.
253 
‘‘(2) COMPOSITION.—The Board shall be com-
posed of the following members: 
‘‘(A) The Secretary (or a designee of the 
Secretary), who shall be the Chair of the Board. 
‘‘(B) Two members appointed by the Sec-
retary, who may not be officers or employees of 
the Federal Government. 
‘‘(C) The Comptroller General (or a des-
ignee of the Comptroller General), who shall be 
a nonvoting member of the Board. 
‘‘(3) DUTIES.—The Board shall carry out the 
duties specified for the Board in this section. 
‘‘(4) TERM.—The members of the Board to be 
appointed under paragraph (2)(B) shall each be ap-
pointed for a term of 3 years. 
‘‘(5) VACANCIES.—A vacancy in the Board shall 
be filled in the same manner as the original appoint-
ment was made, but the individual appointed to fill 
the vacancy shall serve only for the unexpired por-
tion of the term for which the individual’s prede-
cessor was appointed. 
‘‘(6) COMPENSATION AND BENEFITS.—A mem-
ber of the Board may not receive any compensation 
or benefits from the Federal Government for serving 
on the Board, except that—
254 
‘‘(A) a member shall receive compensation 
for work injuries under subchapter I of chapter 
81 of title 5; and 
‘‘(B) a member shall be paid actual travel 
expenses and per diem in lieu of subsistence ex-
penses when away from the member’s usual 
place of residence in accordance with section 
5703 of title 5. 
‘‘(7) STAFF.—The Administrator shall make 
available to the Board such staff, information, and 
administrative services and assistance as may be 
reasonably required to enable the Board to carry out 
its responsibilities under this section. The Board 
may employ experts and consultants on a temporary 
or intermittent basis with the approval of the Sec-
retary. 
‘‘(8) FEDERAL
ADVISORY
COMMITTEE
ACT.— 
The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the Board. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to the Administrator for each of fiscal 
years 2011 through 2014 $200,000 for the Board to 
carry out its duties.
255 
‘‘(2) AVAILABILITY
OF
AMOUNTS.—Amounts 
appropriated pursuant to paragraph (1) shall remain 
available until expended. 
‘‘(i) EFFECT ON OTHER AUTHORITIES.—Nothing in 
this section shall be construed to affect the authorities 
provided in section 44503 or the existing authorities or 
responsibilities of the Administrator under this title to 
manage the operations of the Federal Aviation Adminis-
tration, including realignment or consolidation of facilities 
or services. 
‘‘(j) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) BOARD.—The term ‘Board’ means the 
Aviation Facilities and Services Board established 
under subsection (g). 
‘‘(2) CONGRESSIONAL COMMITTEES OF INTER-
EST.—The term ‘congressional committees of inter-
est’ means the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
‘‘(3) FAA.—The term ‘FAA’ means the Fed-
eral Aviation Administration. 
‘‘(4) REALIGNMENT.—The term ‘realignment’ 
includes any action that relocates functions and per-
256 
sonnel positions but does not include an overall re-
duction in personnel resulting from workload adjust-
ments.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 445 (as amended by this Act) is further amended by 
adding at the end the following: 
‘‘44519. Realignment and consolidation of FAA services and facilities.’’. 
SEC. 805. LIMITING ACCESS TO FLIGHT DECKS OF ALL- 
CARGO AIRCRAFT. 
(a) STUDY.—Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration, in consultation with appropriate 
air carriers, aircraft manufacturers, and air carrier labor 
representatives, shall conduct a study to assess the feasi-
bility of developing a physical means, or a combination of 
physical and procedural means, to prohibit individuals 
other than authorized flight crewmembers from accessing 
the flight deck of an all-cargo aircraft. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report on the results of the study.
257 
SEC. 806. CONSOLIDATION OR ELIMINATION OF OBSOLETE, 
REDUNDANT, OR OTHERWISE UNNECESSARY 
REPORTS; USE OF ELECTRONIC MEDIA FOR-
MAT. 
(a) CONSOLIDATION
OR
ELIMINATION
OF
RE-
PORTS.—Not later than 2 years after the date of enact-
ment of this Act, and every 2 years thereafter, the Admin-
istrator of the Federal Aviation Administration shall sub-
mit to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
a report containing— 
(1) a list of obsolete, redundant, or otherwise 
unnecessary reports the Administration is required 
by law to submit to the Congress or publish that the 
Administrator recommends eliminating or consoli-
dating with other reports; and 
(2) an estimate of the cost savings that would 
result from the elimination or consolidation of those 
reports. 
(b) USE OF ELECTRONIC MEDIA FOR REPORTS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Administration— 
(A) may not publish any report required or 
authorized by law in printed format; and
258 
(B) shall publish any such report by post-
ing it on the Administration’s Internet Web site 
in an easily accessible and downloadable elec-
tronic format. 
(2) EXCEPTION.—Paragraph (1) does not apply 
to any report with respect to which the Adminis-
trator determines that— 
(A) its publication in printed format is es-
sential to the mission of the Federal Aviation 
Administration; or 
(B) its publication in accordance with the 
requirements of paragraph (1) would disclose 
matter— 
(i) described in section 552(b) of title 
5, United States Code; or 
(ii) the disclosure of which would have 
an adverse impact on aviation safety or se-
curity, as determined by the Adminis-
trator. 
SEC. 807. PROHIBITION ON USE OF CERTAIN FUNDS. 
The Secretary of Transportation may not use any 
funds made available pursuant to this Act (including any 
amendment made by this Act) to name, rename, designate, 
or redesignate any project or program authorized by this 
Act (including any amendment made by this Act) for an
259 
individual then serving in Congress as a Member, Dele-
gate, Resident Commissioner, or Senator. 
SEC. 808. STUDY ON AVIATION FUEL PRICES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Comptroller General 
shall conduct a study and report to Congress on the im-
pact of increases in aviation fuel prices on the Airport and 
Airway Trust Fund and the aviation industry in general. 
(b) CONTENTS.—The study shall include an assess-
ment of the impact of increases in aviation fuel prices 
on— 
(1) general aviation; 
(2) commercial passenger aviation; 
(3) piston aircraft purchase and use; 
(4) the aviation services industry, including re-
pair and maintenance services; 
(5) aviation manufacturing; 
(6) aviation exports; and 
(7) the use of small airport installations. 
(c) ASSUMPTIONS ABOUT AVIATION FUEL PRICES.— 
In conducting the study required by subsection (a), the 
Comptroller General shall use the average aviation fuel 
price for fiscal year 2010 as a baseline and measure the 
impact of increases in aviation fuel prices that range from 
5 percent to 200 percent over the 2010 baseline.
260 
SEC. 809. WIND TURBINE LIGHTING. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a study on wind turbine 
lighting systems. 
(b) CONTENTS.—In conducting the study, the Ad-
ministrator shall examine the following: 
(1) The aviation safety issues associated with 
alternative lighting strategies, technologies, and reg-
ulations. 
(2) The feasibility of implementing alternative 
lighting strategies or technologies to improve avia-
tion safety. 
(3) Any other issue relating to wind turbine 
lighting. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall submit 
to Congress a report on the results of the study, including 
information and recommendations concerning the issues 
examined under subsection (b). 
SEC. 810. AIR-RAIL CODE SHARING STUDY. 
(a) CODE SHARE STUDY.—Not later than 180 days 
after the date of enactment of this Act, the Comptroller 
General shall initiate a study regarding— 
(1) the existing airline and intercity passenger 
rail code sharing arrangements; and
261 
(2) the feasibility, costs to taxpayers and other 
parties, and benefits of increasing intermodal 
connectivity of airline and intercity passenger rail fa-
cilities and systems to improve passenger travel. 
(b) CONSIDERATIONS.—In conducting the study, the 
Comptroller General shall consider— 
(1) the potential costs to taxpayers and other 
parties and benefits of the implementation of more 
integrated scheduling between airlines and Amtrak 
or other intercity passenger rail carriers achieved 
through code sharing arrangements; 
(2) airport and intercity passenger rail oper-
ations that can improve connectivity between air-
ports and intercity passenger rail facilities and sta-
tions; 
(3) the experience of other countries with air-
port and intercity passenger rail connectivity; and 
(4) such other issues the Comptroller General 
considers appropriate. 
(c) REPORT.—Not later than 1 year after com-
mencing the study required by subsection (a), the Comp-
troller General 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 results of the
262 
study, including any conclusions of the Comptroller Gen-
eral resulting from the study. 
SEC. 811. D.C. METROPOLITAN AREA SPECIAL FLIGHT 
RULES AREA. 
(a) SUBMISSION OF PLAN TO CONGRESS.—Not later 
than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration, 
in consultation with the Secretary of Homeland Security 
and the Secretary of Defense, shall submit to the Com-
mittee on Transportation and Infrastructure and the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate a plan for the D.C. Met-
ropolitan Area Special Flight Rules Area. 
(b) CONTENTS OF PLAN.—The plan shall outline spe-
cific changes to the D.C. Metropolitan Area Special Flight 
Rules Area that will decrease operational impacts and im-
prove general aviation access to airports in the National 
Capital Region that are currently impacted by the zone. 
SEC. 812. FAA REVIEW AND REFORM. 
(a) AGENCY REVIEW.—Not later than 60 days after 
the date of enactment of this Act, the Administrator of 
the Federal Aviation Administration shall undertake a 
thorough review of each program, office, and organization
263 
within the Administration, including the Air Traffic Orga-
nization, to identify— 
(1) duplicative positions, programs, roles, or of-
fices; 
(2) wasteful practices; 
(3) redundant, obsolete, or unnecessary func-
tions; 
(4) inefficient processes; and 
(5) ineffectual or outdated policies. 
(b) ACTIONS TO STREAMLINE AND REFORM FAA.— 
Not later than 120 days after the date of enactment of 
this Act, the Administrator shall undertake such actions 
as may be necessary to address the Administrator’s find-
ings under subsection (a), including— 
(1) consolidating, phasing-out, or eliminating 
duplicative positions, programs, roles, or offices; 
(2) eliminating or streamlining wasteful prac-
tices; 
(3) eliminating or phasing-out redundant, obso-
lete, or unnecessary functions; 
(4) reforming and streamlining inefficient proc-
esses so that the activities of the Administration are 
completed in an expedited and efficient manner; and 
(5) reforming or eliminating ineffectual or out-
dated policies.
264 
(c) AUTHORITY.—Notwithstanding any other provi-
sion of law, the Administrator shall have the authority to 
undertake the actions required under subsection (b). 
(d) REPORT TO CONGRESS.—Not later than 150 days 
after the date of enactment of this Act, the Administrator 
shall submit to Congress a report on the actions taken 
by the Administrator under this section, including any rec-
ommendations for legislative or administrative actions. 
SEC. 813. CYLINDERS OF COMPRESSED OXYGEN OR OTHER 
OXIDIZING GASES. 
(a) IN GENERAL.—Subject to subsection (b), the 
transportation within the State of Alaska of cylinders of 
compressed oxygen or other oxidizing gases aboard air-
craft shall be exempt from compliance with the regulations 
described in subsection (c) to the extent that the regula-
tions require that oxidizing gases transported aboard air-
craft 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 cyl-
inders. 
(b) APPLICABILITY OF EXEMPTION.—The exemption 
provided by subsection (a) shall apply in circumstances in 
which transportation of the cylinders by ground or vessel 
is unavailable and transportation by aircraft is the only
265 
practical means for transporting the cylinders to their des-
tination. 
(c) 
DESCRIPTION
OF
REGULATORY
REQUIRE-
MENTS.—The regulations referred to in subsection (a) are 
the regulations of the Pipeline and Hazardous Materials 
Safety 
Administration 
contained 
in 
sections 
173.302(f)(3), 
173.302(f)(4), 
173.302(f)(5), 
173.304(f)(3), 
173.304(f)(4), 
173.304(f)(5), 
and 
175.501(b) of title 49, Code of Federal Regulations. 
SEC. 814. AIR TRANSPORTATION OF LITHIUM CELLS AND 
BATTERIES. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration may not issue or enforce any reg-
ulation or other requirement regarding the transportation 
by aircraft of lithium metal cells or batteries or lithium 
ion cells or batteries, whether transported separately or 
packed with or contained in equipment, if the requirement 
is more stringent than the requirements of the Inter-
national Civil Aviation Organization Technical Instruc-
tions for the Safe Transport of Dangerous Goods by Air, 
2009–2010 edition, as amended (including amendments 
adopted after the date of enactment of this Act). 
(b) EXCEPTION.—Notwithstanding subsection (a), 
the Administrator may enforce the prohibition on trans-
porting primary (nonrechargeable) lithium batteries and
266 
cells aboard passenger carrying aircraft set forth in special 
provision A100 of the table contained in section 
172.102(c)(2) of title 49, Code of Federal Regulations, as 
in effect on the date of enactment of this Act. 
SEC. 815. USE OF MINERAL REVENUE AT CERTAIN AIR-
PORTS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator of the Federal Aviation Ad-
ministration may declare certain revenue derived from or 
generated by mineral extraction at a general aviation air-
port to be revenue greater than the long-term project, op-
eration, maintenance, planning, and capacity needs of the 
airport. 
(b) USE OF REVENUE.—Subject to subsection (c), if 
the Administrator issues a declaration with respect to an 
airport under subsection (a), the airport sponsor may allo-
cate to itself (or to a governing body within the geo-
graphical limits of the airport’s locality) the revenues iden-
tified in the declaration for use in carrying out a Federal, 
State, or local transportation infrastructure project. 
(c) CONDITIONS.—Any declaration made under sub-
section (a) with respect to an airport shall be subject to 
the following conditions: 
(1) In generating revenue from mineral rights 
extraction, production, lease, or other means, the
267 
airport sponsor shall not charge less than fair mar-
ket value. 
(2) The airport sponsor and the Administrator 
shall agree on a 20-year capital improvement pro-
gram that includes, at a minimum, 20-year projected 
charges, costs, and fees for the development, im-
provement, operation, and maintenance of the air-
port, with consideration for costs and charges ad-
justed for inflation. 
(3) The airport sponsor shall agree in writing 
to waive all rights to receive entitlement funds or 
discretionary funds to be used at the airport under 
section 47114 or 47115 of title 49, United States 
Code, for a period of 20 years. 
(4) The airport sponsor shall comply, during 
the 20-year period beginning on the date of enact-
ment of this Act, with all grant assurance obliga-
tions in effect as of such date of enactment for the 
airport under section 47107 of such title. 
(5) The airport sponsor shall agree in writing 
to comply with sections 47107(b) and 47133 of such 
title, except for any exemptions specifically granted 
by the Administrator in accordance with this section, 
in perpetuity.
268 
(6) The airport sponsor shall agree in writing 
to operate the airport as a public-use airport unless 
the Administrator specifically grants a request to 
allow the airport to close. 
(7) The airport sponsor shall create a provi-
sional fund for current and future environmental im-
pacts, assessments, and any mitigation plans agreed 
upon with the Administrator. 
(d) COMPLETION OF DETERMINATION.—The Admin-
istrator shall conduct a review and issue a determination 
under subsection (a) on or before the 90th day following 
the date of receipt of an airport sponsor’s application and 
requisite documentation. 
(e) GENERAL AVIATION AIRPORT DEFINED.—In this 
section, the term ‘‘general aviation airport’’ means an air-
port that does not receive scheduled passenger aircraft 
service. 
SEC. 816. LIABILITY PROTECTION FOR VOLUNTEER PILOT 
NONPROFIT ORGANIZATIONS THAT FLY FOR 
PUBLIC BENEFIT AND TO PILOTS AND STAFF 
OF SUCH NONPROFIT ORGANIZATIONS. 
Section 4 of the Volunteer Protection Act of 1997 
(42 U.S.C. 14503) is amended— 
(1) in subsection (a)(4) by inserting ‘‘(unless 
the volunteer was operating an aircraft in further-
269 
ance of the purpose of a volunteer pilot nonprofit or-
ganization that flies for public benefit and was prop-
erly licensed and insured for the operation of such 
aircraft)’’ after ‘‘aircraft’’; and 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) NO EFFECT ON LIABILITY OF ORGANIZATION 
OR ENTITY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), nothing in this section shall be construed 
to affect the liability of any nonprofit organization 
or governmental entity with respect to harm caused 
to any person. 
‘‘(2) EXCEPTION.—A volunteer pilot nonprofit 
organization that flies for public benefit, the staff, 
mission coordinators, officers, and directors (whether 
volunteer or otherwise) of such nonprofit organiza-
tion, and a referring agency of such nonprofit orga-
nization shall not be liable for harm caused to any 
person by a volunteer of such nonprofit organization 
while such volunteer— 
‘‘(A) is operating an aircraft in further-
ance of the purpose of such nonprofit organiza-
tion;
270 
‘‘(B) is properly licensed for the operation 
of such aircraft; and 
‘‘(C) has certified to such nonprofit organi-
zation that such volunteer has insurance cov-
ering the volunteer’s operation of such air-
craft.’’. 
SEC. 817. AIRCRAFT SITUATIONAL DISPLAY TO INDUSTRY. 
(a) FINDINGS.—Congress finds the following: 
(1) The Federal Government’s dissemination to 
the public of information relating to a noncommer-
cial flight carried out by a private owner or operator 
of an aircraft, whether during or following the flight, 
does not serve a public policy objective. 
(2) Upon the request of a private owner or op-
erator of an aircraft, the Federal Government should 
not disseminate to the public information relating to 
noncommercial flights carried out by that owner or 
operator, as the information should be private and 
confidential. 
(b) AIRCRAFT SITUATIONAL DISPLAY
TO INDUS-
TRY.—Upon the request of a private owner or operator 
of an aircraft, the Administrator of the Federal Aviation 
Administration shall block, with respect to the non-
commercial flights of that owner or operator, the display 
of that owner or operator’s aircraft registration number
271 
in aircraft situational display data provided by the Admin-
istrator to any entity, except a government agency. 
SEC. 818. CONTRACTING. 
The Administrator of the Federal Aviation Adminis-
tration shall conduct a review and submit to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives a report de-
scribing how the Federal Aviation Administration weighs 
the economic vitality of a region when considering contract 
proposals for training facilities under the general con-
tracting authority of the Federal Aviation Administration. 
SEC. 819. FLOOD PLANNING. 
The Administrator of the Federal Aviation Adminis-
tration, in consultation with the Administrator of the Fed-
eral Emergency Management Agency, shall conduct a re-
view and 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 report on the state of preparedness and re-
sponse capability for airports located in flood plains to re-
spond to and seek assistance in rebuilding after cata-
strophic flooding.
272 
SEC. 820. TERMINATION OF CERTAIN RESTRICTIONS FOR 
BURKE LAKEFRONT AIRPORT. 
Notwithstanding section 521 of title V of division F 
of Public Law 108–199 (118 Stat. 343) and any restric-
tion in Federal Aviation Administration Flight Data Cen-
ter Notice to Airmen 9/5151, the Administrator of the 
Federal Aviation Administration may not prohibit or im-
pose airspace restrictions with respect to an air show or 
other aerial event located at the Burke Lakefront Airport 
in Cleveland, Ohio, due to an event at a stadium or other 
venue occurring at the same time, except that the Admin-
istrator may prohibit any aircraft from flying directly over 
the applicable stadium or other venue. 
SEC. 821. SANTA MONICA AIRPORT, CALIFORNIA. 
It is the sense of Congress that the Administrator 
of the Federal Aviation Administration should enter into 
good faith discussions with the city of Santa Monica, Cali-
fornia, to achieve runway safety area solutions consistent 
with Federal Aviation Administration design guidelines to 
address safety concerns at Santa Monica Airport. 
SEC. 822. INSPECTOR GENERAL REPORT ON PARTICIPA-
TION IN FAA PROGRAMS BY DISADVANTAGED 
SMALL BUSINESS CONCERNS. 
(a) IN GENERAL.—For each of fiscal years 2011 
through 2014, the Inspector General of the Department 
of Transportation shall submit to Congress a report on
273 
the number of new small business concerns owned and 
controlled by socially and economically disadvantaged indi-
viduals, including those owned by veterans, that partici-
pated in the programs and activities funded using the 
amounts made available under this Act. 
(b) NEW SMALL BUSINESS CONCERNS.—For pur-
poses of subsection (a), a new small business concern is 
a small business concern that did not participate in the 
programs and activities described in subsection (a) in a 
previous fiscal year. 
(c) CONTENTS.—The report shall include— 
(1) a list of the top 25 and bottom 25 large and 
medium hub airports in terms of providing opportu-
nities for small business concerns owned and con-
trolled by socially and economically disadvantaged 
individuals to participate in the programs and activi-
ties funded using the amounts made available under 
this Act; 
(2) the results of an assessment, to be con-
ducted by the Inspector General, on the reasons why 
the top airports have been successful in providing 
such opportunities; and 
(3) recommendations to the Administrator of 
the Federal Aviation Administration and Congress
274 
on methods for other airports to achieve results 
similar to those of the top airports. 
SEC. 823. HISTORICAL AIRCRAFT DOCUMENTS. 
(a) PRESERVATION OF DOCUMENTS.— 
(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration shall take such ac-
tions as the Administrator determines necessary to 
preserve original aircraft type certificate engineering 
and technical data in the possession of the Federal 
Aviation Administration related to— 
(A) approved aircraft type certificate num-
bers ATC 1 through ATC 713; and 
(B) Group-2 approved aircraft type certifi-
cate numbers 2–1 through 2–554. 
(2) REVISION OF ORDER.—Not later than one 
year after the date of enactment of this Act, the Ad-
ministrator shall revise FAA Order 1350.15C, Item 
Number 8110. Such revision shall prohibit the de-
struction of the historical aircraft documents identi-
fied in paragraph (1). 
(3) CONSULTATION.—The Administrator may 
carry out paragraph (1) in consultation with the Ar-
chivist of the United States and the Administrator 
of General Services. 
(b) AVAILABILITY OF DOCUMENTS.—
275 
(1) FREEDOM
OF
INFORMATION
ACT
RE-
QUESTS.—The Administrator shall make the docu-
ments to be preserved under subsection (a)(1) avail-
able to a person— 
(A) upon receipt of a request made by the 
person pursuant to section 552 of title 5, 
United States Code; and 
(B) subject to a prohibition on use of the 
documents for commercial purposes. 
(2) TRADE SECRETS, COMMERCIAL, AND FINAN-
CIAL INFORMATION.—Section 552(b)(4) of such title 
shall not apply to requests for documents to be made 
available pursuant to paragraph (1). 
(c) HOLDER OF TYPE CERTIFICATE.— 
(1) RIGHTS OF HOLDER.—Nothing in this sec-
tion shall affect the rights of a holder or owner of 
a type certificate identified in subsection (a)(1), nor 
require the holder or owner to provide, surrender, or 
preserve any original or duplicate engineering or 
technical data to the Federal Aviation Administra-
tion, a person, or the public. 
(2) LIABILITY.—There shall be no liability on 
the part of, and no cause of action of any nature 
shall arise against, a holder of a type certificate, its 
authorized representative, its agents, or its employ-
276 
ees, or any firm, person, corporation, or insurer re-
lated to the type certificate data and documents 
identified in subsection (a)(1). 
(3) 
AIRWORTHINESS.—Notwithstanding 
any 
other provision of law, the holder of a type certifi-
cate identified in subsection (a)(1) shall not be re-
sponsible for any continued airworthiness or Federal 
Aviation Administration regulatory requirements to 
the type certificate data and documents identified in 
subsection (a)(1). 
SEC. 824. RELEASE FROM RESTRICTIONS. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary of Transportation is authorized to grant to any air-
port, city, or county a release from any of the terms, con-
ditions, reservations, or restrictions contained in a deed 
under which the United States conveyed to the airport, 
city, or county property for airport purposes pursuant to 
section 16 of the Federal Airport Act (as in effect on Au-
gust 28, 1973) or section 23 of the Airport and Airway 
Development Act. 
(b) CONDITION.—Any release granted by the Sec-
retary of Transportation pursuant to subsection (a) shall 
be subject to the following conditions: 
(1) The applicable airport, city, or county shall 
agree that in conveying any interest in the property
277 
which the United States conveyed to the airport, 
city, or county, the airport, city, or county will re-
ceive an amount for such interest that is equal to its 
fair market value. 
(2) Any amount received by the airport, city, or 
county under paragraph (1) shall be used exclusively 
for the development, improvement, operation, or 
maintenance of a public airport by the airport, city, 
or county. 
(3) Any other conditions required by the Sec-
retary and in accordance with title 49, United States 
Code. 
SEC. 825. SENSE OF CONGRESS. 
It is the sense of Congress that Los Angeles World 
Airports, the operator of Los Angeles International Air-
port (LAX)— 
(1) should consult on a regular basis with rep-
resentatives of the community surrounding the air-
port regarding— 
(A) the ongoing operations of LAX; and 
(B) plans to expand, modify, or realign 
LAX facilities; and 
(2) should include in such consultations any or-
ganization, the membership of which includes at 
least 20 individuals who reside within 10 miles of
278 
the airport, that notifies Los Angeles World Airports 
of its desire to be included in such consultations. 
SEC. 826. ISSUING REGULATIONS. 
Section 106(f)(3)(A) is amended— 
(1) by inserting ‘‘(i)’’ before the first sentence; 
and 
(2) by adding at the end the following: 
‘‘(ii) Before proposing or issuing a 
regulation, the Administrator shall: 
‘‘(I) Analyze the different indus-
try segments and tailor any regula-
tions to the characteristics of each 
separate segment (as determined by 
the Administrator), taking into ac-
count that the United States aviation 
industry is composed of different seg-
ments, with differing operational char-
acteristics. 
‘‘(II) Perform the following anal-
yses for each industry segment: 
‘‘(aa) Identify and assess 
the alternative forms of regula-
tion and, to the extent feasible, 
specify performance objectives,
279 
rather than a specific means of 
compliance. 
‘‘(bb) Assess the costs and 
benefits and propose or adopt a 
regulation only upon a reasoned 
determination that the benefits of 
the intended regulation justify its 
costs. 
‘‘(cc) Ensure that the pro-
posed regulation is based on the 
best reasonably obtainable sci-
entific, technical, and other infor-
mation relating to the need for, 
and consequences of, the regula-
tion. 
‘‘(dd) Assess any adverse ef-
fects on the efficient functioning 
of the economy, private markets 
(including productivity, employ-
ment, and competitiveness) to-
gether with a quantification of 
such costs.’’.
280 
TITLE IX—NATIONAL 
MEDIATION BOARD 
SEC. 901. AUTHORITY OF INSPECTOR GENERAL. 
Title I of the Railway Labor Act (45 U.S.C. 151 et 
seq.) is amended by adding at the end the following: 
‘‘AUTHORITY OF INSPECTOR GENERAL 
‘‘SEC. 15. (a) IN GENERAL.—The Inspector General 
of the Department of Transportation, in accordance with 
the mission of the Inspector General to prevent and detect 
fraud and abuse, is authorized to review the financial 
management, property management, and business oper-
ations of the Mediation Board, including internal account-
ing and administrative control systems, to determine com-
pliance with applicable Federal laws, rules, and regula-
tions. 
‘‘(b) DUTIES.—In carrying out this section, the In-
spector General shall— 
‘‘(1) keep the chairman of the Mediation Board 
and Congress fully and currently informed about 
problems relating to administration of the internal 
accounting and administrative control systems of the 
Mediation Board; 
‘‘(2) issue findings and recommendations for 
actions to address such problems; and
281 
‘‘(3) report periodically to Congress on any 
progress made in implementing actions to address 
such problems. 
‘‘(c) ACCESS TO INFORMATION.—In carrying out this 
section, the Inspector General may exercise authorities 
granted to the Inspector General under subsections (a) 
and (b) of section 6 of the Inspector General Act of 1978 
(5 U.S.C. App.). 
‘‘(d) AUTHORIZATIONS OF APPROPRIATIONS.— 
‘‘(1) FUNDING.—There is authorized to be ap-
propriated to the Secretary of Transportation for 
use by the Inspector General of the Department of 
Transportation not more than $125,000 for each of 
fiscal years 2011 through 2014 to cover expenses as-
sociated with activities pursuant to the authority ex-
ercised under this section. 
‘‘(2) REIMBURSABLE AGREEMENT.—In the ab-
sence of an appropriation under this subsection for 
an expense referred to in paragraph (1), the Inspec-
tor General and the Mediation Board shall have a 
reimbursable agreement to cover such expense.’’.
282 
SEC. 902. EVALUATION AND AUDIT OF NATIONAL MEDI-
ATION BOARD. 
Title I of the Railway Labor Act (as amended by sec-
tion 901 of this Act) is further amended by adding at the 
end the following: 
‘‘EVALUATION AND AUDIT OF MEDIATION BOARD 
‘‘SEC. 16. (a) IN GENERAL.—In order to promote 
economy, efficiency, and effectiveness in the administra-
tion of the programs, operations, and activities of the Me-
diation Board, the Comptroller General shall evaluate and 
audit the programs and expenditures of the Mediation 
Board. Such an evaluation and audit shall be conducted 
at least annually, but may be conducted as determined 
necessary by the Comptroller General or the appropriate 
congressional committees. 
‘‘(b) RESPONSIBILITY
OF
COMPTROLLER
GEN-
ERAL.—The Comptroller General shall evaluate and audit 
Mediation Board programs, operations, and activities, in-
cluding at a minimum— 
‘‘(1) information management and security, in-
cluding privacy protection of personally identifiable 
information; 
‘‘(2) resource management; 
‘‘(3) workforce development; 
‘‘(4) procurement and contracting planning, 
practices, and policies;
283 
‘‘(5) the extent to which the Mediation Board 
follows leading practices in selected management 
areas; and 
‘‘(6) the processes the Mediation Board follows 
to address challenges in— 
‘‘(A) initial investigations of representation 
applications; 
‘‘(B) determining and certifying represent-
atives of employees; and 
‘‘(C) ensuring that the process occurs with-
out interference, influence, or coercion. 
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate.’’. 
SEC. 903. REPEAL OF RULE. 
Effective January 1, 2011, the rule prescribed by the 
National Mediation Board relating to representation elec-
tion procedures published on May 11, 2010 (95 Fed. Reg. 
26062) and revising sections 1202 and 1206 of title 29, 
Code of Federal Regulations, shall have no force or effect.
284 
TITLE 
X—FEDERAL 
AVIATION 
RESEARCH 
AND 
DEVELOP-
MENT 
REAUTHORIZATION 
ACT OF 2011 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Federal Aviation Re-
search and Development Reauthorization Act of 2011’’. 
SEC. 1002. DEFINITIONS. 
In this title, the following definitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Aviation Administration. 
(2) FAA.—The term ‘‘FAA’’ means the Fed-
eral Aviation Administration. 
(3) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the same 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(4) NASA.—The term ‘‘NASA’’ means the Na-
tional Aeronautics and Space Administration. 
(5) NATIONAL RESEARCH COUNCIL.—The term 
‘‘National Research Council’’ means the National 
Research Council of the National Academies of 
Science and Engineering.
285 
(6) NOAA.—The term ‘‘NOAA’’ means the Na-
tional Oceanic and Atmospheric Administration. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 1003. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 48102(a) is amended— 
(1) in the matter before paragraph (1) by strik-
ing ‘‘of this title’’ and inserting ‘‘of this title and, 
for each of fiscal years 2011 through 2014, under 
subsection (g)’’; 
(2) in paragraph (11)— 
(A) in subparagraph (K) by inserting 
‘‘and’’ at the end; and 
(B) in subparagraph (L) by striking ‘‘and’’ 
at the end; 
(3) in paragraph (13) by striking ‘‘and’’ at the 
end; 
(4) in paragraph (14) by striking the period at 
the end and inserting a semicolon; and 
(5) by adding at the end the following: 
‘‘(15) for fiscal year 2011, $165,020,000; and 
‘‘(16) for each of the fiscal years 2012 through 
2014, $146,827,000.’’.
286 
(b) 
SPECIFIC
PROGRAM
LIMITATIONS.—Section 
48102 is amended by inserting after subsection (f) the fol-
lowing: 
‘‘(g) SPECIFIC
AUTHORIZATIONS.—The following 
programs described in the research, engineering, and de-
velopment account of the national aviation research plan 
required under section 44501(c) are authorized: 
‘‘(1) Fire Research and Safety. 
‘‘(2) Propulsion and Fuel Systems. 
‘‘(3) Advanced Materials/Structural Safety. 
‘‘(4) Atmospheric Hazards—Aircraft Icing/Dig-
ital System Safety. 
‘‘(5) Continued Airworthiness. 
‘‘(6) Aircraft Catastrophic Failure Prevention 
Research. 
‘‘(7) Flightdeck/Maintenance/System Integra-
tion Human Factors. 
‘‘(8) System Safety Management. 
‘‘(9) Air Traffic Control/Technical Operations 
Human Factors. 
‘‘(10) Aeromedical Research. 
‘‘(11) Weather Program. 
‘‘(12) Unmanned Aircraft Systems Research. 
‘‘(13) NextGen—Alternative Fuels for General 
Aviation.
287 
‘‘(14) Joint Planning and Development Office. 
‘‘(15) NextGen—Wake Turbulence Research. 
‘‘(16) 
NextGen—Air 
Ground 
Integration 
Human Factors. 
‘‘(17) NextGen—Self Separation Human Fac-
tors. 
‘‘(18) NextGen—Weather Technology in the 
Cockpit. 
‘‘(19) Environment and Energy Research. 
‘‘(20) NextGen Environmental Research—Air-
craft Technologies, Fuels, and Metrics. 
‘‘(21) System Planning and Resource Manage-
ment. 
‘‘(22) The William J. Hughes Technical Center 
Laboratory Facility.’’. 
(c) PROGRAM AUTHORIZATIONS.—If the other ac-
counts described in the national aviation research plan re-
quired under section 44501(c) of title 49, United States 
Code, are authorized for each of the fiscal years 2011 
through 2014, the following research and development ac-
tivities are authorized: 
(1) Runway Incursion Reduction. 
(2) System Capacity, Planning, and Improve-
ment. 
(3) Operations Concept Validation.
288 
(4) NAS Weather Requirements. 
(5) Airspace Management Program. 
(6) NextGen—Air Traffic Control/Technical 
Operations Human Factors. 
(7) NextGen—Environment and Energy—Envi-
ronmental Management System and Advanced Noise 
and Emissions reduction. 
(8) NextGen—New Air Traffic Management 
Requirements. 
(9) NextGen—Operations Concept Validation— 
Validation Modeling. 
(10) NextGen—System Safety Management 
Transformation. 
(11) 
NextGen—Wake 
Turbulence—Recat-
egorization. 
(12) NextGen—Operational Assessments. 
(13) NextGen—Staffed NextGen Towers. 
(14) Center for Advanced Aviation System De-
velopment. 
(15) Airports Technology Research Program— 
Capacity. 
(16) Airports Technology Research Program— 
Safety. 
(17) Airports Technology Research Program— 
Environment.
289 
(18) Airport Cooperative Research—Capacity. 
(19) Airport Cooperative Research—Environ-
ment. 
(20) Airport Cooperative Research—Safety. 
SEC. 1004. UNMANNED AIRCRAFT SYSTEMS. 
(a) RESEARCH INITIATIVE.—Section 44504(b) is 
amended— 
(1) in paragraph (6) by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (7) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) in conjunction with other Federal agencies, 
as appropriate, to develop technologies and methods 
to assess the risk of and prevent defects, failures, 
and malfunctions of products, parts, and processes 
for use in all classes of unmanned aircraft systems 
that could result in a catastrophic failure of the un-
manned aircraft that would endanger other aircraft 
in the national airspace system.’’. 
(b) SYSTEMS, PROCEDURES, FACILITIES, AND DE-
VICES.—Section 44505(b) is amended— 
(1) in paragraph (4) by striking ‘‘and’’ after 
the semicolon;
290 
(2) in paragraph (5)(C) by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(6) to develop a better understanding of the 
relationship between human factors and unmanned 
aircraft system safety; and 
‘‘(7) to develop dynamic simulation models for 
integrating all classes of unmanned aircraft systems 
into the national airspace system without any deg-
radation of existing levels of safety for all national 
airspace system users.’’. 
SEC. 1005. RESEARCH PROGRAM ON RUNWAYS. 
Section 44505(c) is amended— 
(1) by redesignating paragraphs (3) through 
(6) as paragraphs (5) through (8); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) improved runway surfaces; 
‘‘(4) engineered material restraining systems 
for runways at both general aviation airports and 
airports with commercial air carrier operations;’’. 
SEC. 1006. RESEARCH ON DESIGN FOR CERTIFICATION. 
Section 44505 is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and
291 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) RESEARCH ON DESIGN FOR CERTIFICATION.— 
‘‘(1) RESEARCH.—Not later than 1 year after 
the date of enactment of the Federal Aviation Re-
search and Development Reauthorization Act of 
2011, the Administrator shall conduct research on 
methods and procedures to improve both confidence 
in and the timeliness of certification of new tech-
nologies for their introduction into the national air-
space system. 
‘‘(2) RESEARCH
PLAN.—Not later than 6 
months after the date of enactment of the Federal 
Aviation Research and Development Reauthorization 
Act of 2011, the Administrator shall develop a plan 
for the research under paragraph (1) that contains 
the objectives, proposed tasks, milestones, and 5- 
year budgetary profile. 
‘‘(3) REVIEW.—The Administrator shall enter 
into an arrangement with the National Research 
Council to conduct an independent review of the 
plan developed under paragraph (2) and shall pro-
vide the results of that review to the Committee on 
Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce,
292 
Science, and Transportation of the Senate not later 
than 18 months after the date of enactment of the 
Federal Aviation Research and Development Reau-
thorization Act of 2011.’’. 
SEC. 1007. AIRPORT COOPERATIVE RESEARCH PROGRAM. 
Section 44511(f) is amended— 
(1) in paragraph (1) by striking ‘‘establish a 4- 
year pilot’’ and inserting ‘‘maintain an’’; and 
(2) in paragraph (4)— 
(A) by striking ‘‘Not later than 6 months 
after the expiration of the program under this 
subsection,’’ and inserting ‘‘Not later than Sep-
tember 30, 2012,’’; and 
(B) by striking ‘‘program, including rec-
ommendations as to the need for establishing a 
permanent airport cooperative research pro-
gram’’ and inserting ‘‘program’’. 
SEC. 1008. CENTERS OF EXCELLENCE. 
(a) GOVERNMENT’S
SHARE
OF
COSTS.—Section 
44513(f) is amended to read as follows: 
‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The United 
States Government’s share of establishing and operating 
a center and all related research activities that grant re-
cipients carry out shall not exceed 50 percent of the costs, 
except that the Administrator may increase such share to
293 
a maximum of 75 percent of the costs for any fiscal year 
if the Administrator determines that a center would be 
unable to carry out the authorized activities described in 
this section without additional funds.’’. 
(b) ANNUAL REPORT.—Section 44513 is amended by 
adding at the end the following: 
‘‘(h) ANNUAL REPORT.—The Administrator shall 
transmit annually to the Committee on Science, Space, 
and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate at the time of the President’s budget request 
a report that lists— 
‘‘(1) the research projects that have been initi-
ated by each center in the preceding year; 
‘‘(2) the amount of funding for each research 
project and the funding source; 
‘‘(3) the institutions participating in each 
project and their shares of the overall funding for 
each research project; and 
‘‘(4) the level of cost-sharing for each research 
project.’’. 
SEC. 1009. CENTER OF EXCELLENCE FOR AVIATION HUMAN 
RESOURCE RESEARCH. 
(a) ESTABLISHMENT.—Using amounts made avail-
able under section 48102(a) of title 49, United States
294 
Code, the Administrator may establish a center of excel-
lence to conduct research on— 
(1) human performance in the air transpor-
tation environment, including among air transpor-
tation personnel such as air traffic controllers, pi-
lots, and technicians; and 
(2) any other aviation human resource issues 
pertinent to developing and maintaining a safe and 
efficient air transportation system. 
(b) ACTIVITIES.—Activities conducted under this sec-
tion may include the following: 
(1) Research, development, and evaluation of 
training programs for air traffic controllers, aviation 
safety inspectors, airway transportation safety spe-
cialists, and engineers. 
(2) Research and development of best practices 
for recruitment into the aviation field for mission 
critical positions. 
(3) Research, in consultation with other rel-
evant Federal agencies, to develop a baseline of gen-
eral aviation employment statistics and an analysis 
of future needs in the aviation field. 
(4) Research and the development of a com-
prehensive assessment of the airframe and power-
295 
plant technician certification process and its effect 
on employment trends. 
(5) Evaluation of aviation maintenance techni-
cian school environments. 
(6) Research and an assessment of the ability 
to develop training programs to allow for the transi-
tion of recently unemployed and highly skilled me-
chanics into the aviation field. 
SEC. 1010. INTERAGENCY RESEARCH ON AVIATION AND 
THE ENVIRONMENT. 
(a) IN GENERAL.—Using amounts made available 
under section 48102(a) of title 49, United States Code, 
the Administrator, in coordination with NASA and after 
consultation with other relevant agencies, may maintain 
a research program to assess the potential effect of avia-
tion on the environment and, if warranted, to evaluate ap-
proaches to address any such effect. 
(b) RESEARCH PLAN.— 
(1) IN GENERAL.—The Administrator, in co-
ordination with NASA and after consultation with 
other relevant agencies, shall jointly develop a plan 
to carry out the research under subsection (a). 
(2) CONTENTS.—Such plan shall contain an in-
ventory of current interagency research being under-
taken in this area, future research objectives, pro-
296 
posed tasks, milestones, and a 5-year budgetary pro-
file. 
(3) REQUIREMENTS.—Such plan— 
(A) shall be completed not later than 1 
year after the date of enactment of this Act; 
(B) shall be submitted to Congress for re-
view; and 
(C) shall be updated, as appropriate, every 
3 years after the initial submission. 
SEC. 1011. AVIATION FUEL RESEARCH AND DEVELOPMENT 
PROGRAM. 
(a) IN GENERAL.—Using amounts made available 
under section 48102(a) of title 49, United States Code, 
the Administrator, in coordination with the NASA Admin-
istrator, shall continue research and development activities 
into the qualification of an unleaded aviation fuel and safe 
transition to this fuel for the fleet of piston engine air-
craft. 
(b) REQUIREMENTS.—In carrying out the program 
under subsection (a), the Administrator shall, at a min-
imum— 
(1) not later than 120 days after the date of 
enactment of this Act, develop a research and devel-
opment plan containing the specific research and de-
velopment objectives, including consideration of avia-
297 
tion safety, technical feasibility, and other relevant 
factors, and the anticipated timetable for achieving 
the objectives; 
(2) assess the methods and processes by which 
the FAA and industry may expeditiously certify and 
approve new aircraft and recertify existing aircraft 
with respect to unleaded aviation fuel; 
(3) assess technologies that modify existing pis-
ton engine aircraft to enable safe operation of the 
aircraft using unleaded aviation fuel and determine 
the resources necessary to certify those technologies; 
and 
(4) develop recommendations for appropriate 
policies and guidelines to facilitate a transition to 
unleaded aviation fuel for piston engine aircraft. 
(c) COLLABORATIONS.—In carrying out the program 
under subsection (a), the Administrator shall collaborate 
with— 
(1) industry groups representing aviation con-
sumers, manufacturers, and fuel producers and dis-
tributors; and 
(2) other appropriate Federal agencies. 
(d) REPORT.—Not later than 270 days after the date 
of enactment of this Act, the Administrator shall provide 
a report to the Committee on Science, Space, and Tech-
298 
nology of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
on the plan, information obtained, and policies and guide-
lines developed pursuant to subsection (b). 
SEC. 1012. RESEARCH PROGRAM ON ALTERNATIVE JET 
FUEL TECHNOLOGY FOR CIVIL AIRCRAFT. 
(a) RESEARCH PROGRAM.—Using amounts made 
available under section 48102(a) of title 49, United States 
Code, the Secretary shall conduct a research program re-
lated to developing and certifying jet fuel from alternative 
sources (such as coal, natural gas, biomass, ethanol, buta-
nol, and hydrogen) through grants or other measures au-
thorized under section 106(l)(6) of such title, including re-
imbursable agreements with other Federal agencies. 
(b) PARTICIPATION
BY STAKEHOLDERS.—In con-
ducting the program, the Secretary shall provide for par-
ticipation by educational and research institutions and by 
industry partners that have existing facilities and experi-
ence in the research and development of technology for 
alternative jet fuels. 
(c) COLLABORATIONS.—In conducting the program, 
the Secretary may collaborate with existing interagency 
programs—
299 
(1) to further the research and development of 
alternative jet fuel technology for civil aircraft, in-
cluding feasibility studies; and 
(2) to exchange information with the partici-
pants in the Commercial Aviation Alternative Fuels 
Initiative. 
SEC. 1013. REVIEW OF FAA’S ENERGY- AND ENVIRONMENT- 
RELATED RESEARCH PROGRAMS. 
(a) REVIEW.—Using amounts made available under 
section 48102(a) of title 49, United States Code, the Ad-
ministrator shall conduct a review of FAA energy-related 
and environment-related research programs. The review 
shall assess whether— 
(1) the programs have well-defined, prioritized, 
and appropriate research objectives; 
(2) the programs are properly coordinated with 
the energy- and environment-related research pro-
grams at NASA, NOAA, and other relevant agen-
cies; 
(3) the programs have allocated appropriate re-
sources to each of the research objectives; and 
(4) 
there 
exist 
suitable 
mechanisms 
for 
transitioning the research results into FAA’s oper-
ational technologies and procedures and certification 
activities.
300 
(b) REPORT.—A report containing the results of such 
review shall be provided to the Committee on Science, 
Space, and Technology of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate not later than 18 months after the 
date of enactment of this Act. 
SEC. 1014. REVIEW OF FAA’S AVIATION SAFETY-RELATED 
RESEARCH PROGRAMS. 
(a) REVIEW.—Using amounts made available under 
section 48102(a) of title 49, United States Code, the Ad-
ministrator shall conduct a review of the FAA’s aviation 
safety-related research programs. The review shall assess 
whether— 
(1) the programs have well-defined, prioritized, 
and appropriate research objectives; 
(2) the programs are properly coordinated with 
the safety research programs of NASA and other 
relevant Federal agencies; 
(3) the programs have allocated appropriate re-
sources to each of the research objectives; 
(4) the programs should include a determina-
tion about whether a survey of participants across 
the air transportation system is an appropriate way 
to study safety risks within such system; and
301 
(5) 
there 
exist 
suitable 
mechanisms 
for 
transitioning the research results from the programs 
into the FAA’s operational technologies and proce-
dures and certification activities in a timely manner. 
(b) AVIATION SAFETY-RELATED RESEARCH PRO-
GRAMS TO BE ASSESSED.—The FAA aviation safety-re-
lated research programs to be assessed under the review 
shall include, at a minimum, the following: 
(1) Air traffic control/technical operations 
human factors. 
(2) Runway incursion reduction. 
(3) Flightdeck/maintenance system integration 
human factors. 
(4) Airports technology research—safety. 
(5) Airport Cooperative Research Program— 
safety. 
(6) Weather Program. 
(7) Atmospheric hazards/digital system safety. 
(8) Fire research and safety. 
(9) Propulsion and fuel systems. 
(10) Advanced materials/structural safety. 
(11) Aging aircraft. 
(12) Aircraft catastrophic failure prevention re-
search. 
(13) Aeromedical research.
302 
(14) Aviation safety risk analysis. 
(15) Unmanned aircraft systems research. 
(c) REPORT.—Not later than 14 months after the 
date of enactment of this Act, the Administrator shall sub-
mit to Congress a report on the results of such review. 
TITLE XI—AIRPORT AND AIRWAY 
TRUST FUND FINANCING 
SEC. 1101. SHORT TITLE. 
This title may be cited as the ‘‘Airport and Airway 
Trust Fund Financing Reauthorization Act of 2011’’. 
SEC. 1102. EXTENSION OF AIRPORT AND AIRWAY TRUST 
FUND EXPENDITURE AUTHORITY. 
(a) IN GENERAL.—Paragraph (1) of section 9502(d) 
of the Internal Revenue Code of 1986 is amended— 
(1) by striking ‘‘April 1, 2011’’ and inserting 
‘‘October 1, 2014’’; and 
(2) by inserting ‘‘or the FAA Reauthorization 
and Reform Act of 2011’’ before the semicolon at 
the end of subparagraph (A). 
(b) CONFORMING AMENDMENT.—Paragraph (2) of 
section 9502(e) of such Code is amended by striking 
‘‘April 1, 2011’’ and inserting ‘‘October 1, 2014’’.
303 
SEC. 1103. EXTENSION OF TAXES FUNDING AIRPORT AND 
AIRWAY TRUST FUND. 
(a) FUEL TAXES.—Subparagraph (B) of section 
4081(d)(2) of the Internal Revenue Code of 1986 is 
amended by striking ‘‘March 31, 2011’’ and inserting 
‘‘September 30, 2014’’. 
(b) TICKET TAXES.— 
(1) 
PERSONS.—Clause 
(ii) 
of 
section 
4261(j)(1)(A) of such Code is amended by striking 
‘‘March 31, 2011’’ and inserting ‘‘September 30, 
2014’’. 
(2) 
PROPERTY.—Clause 
(ii) 
of 
section 
4271(d)(1)(A) of such Code is amended by striking 
‘‘March 31, 2011’’ and inserting ‘‘September 30, 
2014’’. 
TITLE XII—COMPLIANCE WITH 
STATUTORY 
PAY-AS-YOU-GO 
ACT OF 2010 
SEC. 1201. COMPLIANCE PROVISION. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
304 
vided that such statement has been submitted prior to the 
vote on passage. 
TITLE XIII—COMMERCIAL SPACE 
SEC. 1301. COMMERCIAL SPACE LAUNCH LICENSE RE-
QUIREMENTS. 
Section 50905(c)(3) of title 51, United States Code, 
is amended by striking ‘‘the date of enactment of the Com-
mercial Space Launch Amendments Act of 2004’’ and in-
serting ‘‘the first licensed launch of a space flight partici-
pant’’. 
Passed the House of Representatives April 1, 2011. 
Attest: 
Clerk.
112TH CONGRESS 
1ST SESSION 
H. R. 658 
AN ACT 
To amend title 49, United States Code, to author-
ize appropriations for the Federal Aviation Ad-
ministration for fiscal years 2011 through 2014, 
to streamline programs, create efficiencies, re-
duce waste, and improve aviation safety and ca-
pacity, to provide stable funding for the national 
aviation system, and for other purposes.