[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 112-95
112th Congress
An Act
To amend title 49, United States Code, to authorize appropriations for
the Federal Aviation Administration for fiscal years 2011 through 2014,
to streamline programs, create efficiencies, reduce waste, and improve
aviation safety and capacity, to provide stable funding for the national
aviation system, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. <> SHORT TITLE; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the ``FAA Modernization
and Reform Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Effective date.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 101. Airport planning and development and noise compatibility
planning and programs.
Sec. 102. Air navigation facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Funding for aviation programs.
Sec. 105. Delineation of Next Generation Air Transportation System
projects.
Subtitle B--Passenger Facility Charges
Sec. 111. Passenger facility charges.
Sec. 112. GAO study of alternative means of collecting PFCs.
Sec. 113. Qualifications-based selection.
Subtitle C--Fees for FAA Services
Sec. 121. Update on overflights.
Sec. 122. Registration fees.
Subtitle D--Airport Improvement Program Modifications
Sec. 131. Airport master plans.
Sec. 132. AIP definitions.
Sec. 133. Recycling plans for airports.
Sec. 134. Contents of competition plans.
Sec. 135. Grant assurances.
Sec. 136. Agreements granting through-the-fence access to general
aviation airports.
Sec. 137. Government share of project costs.
Sec. 138. Allowable project costs.
Sec. 139. Veterans' preference.
Sec. 140. Minority and disadvantaged business participation.
Sec. 141. Special apportionment rules.
Sec. 142. United States territories minimum guarantee.
Sec. 143. Reducing apportionments.
Sec. 144. Marshall Islands, Micronesia, and Palau.
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Sec. 145. Use of apportioned amounts.
Sec. 146. Designating current and former military airports.
Sec. 147. Contract tower program.
Sec. 148. Resolution of disputes concerning airport fees.
Sec. 149. Sale of private airports to public sponsors.
Sec. 150. Repeal of certain limitations on Metropolitan Washington
Airports Authority.
Sec. 151. Midway Island Airport.
Sec. 152. Miscellaneous amendments.
Sec. 153. Extension of grant authority for compatible land use planning
and projects by State and local governments.
Sec. 154. Priority review of construction projects in cold weather
States.
Sec. 155. Study on national plan of integrated airport systems.
Sec. 156. Airport privatization program.
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
Sec. 201. Definitions.
Sec. 202. NextGen demonstrations and concepts.
Sec. 203. Clarification of authority to enter into reimbursable
agreements.
Sec. 204. Chief NextGen Officer.
Sec. 205. Definition of air navigation facility.
Sec. 206. Clarification to acquisition reform authority.
Sec. 207. Assistance to foreign aviation authorities.
Sec. 208. Next Generation Air Transportation System Joint Planning and
Development Office.
Sec. 209. Next Generation Air Transportation Senior Policy Committee.
Sec. 210. Improved management of property inventory.
Sec. 211. Automatic dependent surveillance-broadcast services.
Sec. 212. Expert review of enterprise architecture for NextGen.
Sec. 213. Acceleration of NextGen technologies.
Sec. 214. Performance metrics.
Sec. 215. Certification standards and resources.
Sec. 216. Surface systems acceleration.
Sec. 217. Inclusion of stakeholders in air traffic control modernization
projects.
Sec. 218. Airspace redesign.
Sec. 219. Study on feasibility of development of a public internet web-
based resource on locations of potential aviation
obstructions.
Sec. 220. NextGen research and development center of excellence.
Sec. 221. Public-private partnerships.
Sec. 222. Operational incentives.
Sec. 223. Educational requirements.
Sec. 224. Air traffic controller staffing initiatives and analysis.
Sec. 225. Reports on status of greener skies project.
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. Judicial review of denial of airman certificates.
Sec. 302. Release of data relating to abandoned type certificates and
supplemental type certificates.
Sec. 303. Design and production organization certificates.
Sec. 304. Cabin crew communication.
Sec. 305. Line check evaluations.
Sec. 306. Safety of air ambulance operations.
Sec. 307. Prohibition on personal use of electronic devices on flight
deck.
Sec. 308. Inspection of repair stations located outside the United
States.
Sec. 309. Enhanced training for flight attendants.
Sec. 310. Limitation on disclosure of safety information.
Sec. 311. Prohibition against aiming a laser pointer at an aircraft.
Sec. 312. Aircraft certification process review and reform.
Sec. 313. Consistency of regulatory interpretation.
Sec. 314. Runway safety.
Sec. 315. Flight Standards Evaluation Program.
Sec. 316. Cockpit smoke.
Sec. 317. Off-airport, low-altitude aircraft weather observation
technology.
Sec. 318. Feasibility of requiring helicopter pilots to use night vision
goggles.
Sec. 319. Maintenance providers.
Sec. 320. Study of air quality in aircraft cabins.
Sec. 321. Improved pilot licenses.
Subtitle B--Unmanned Aircraft Systems
Sec. 331. Definitions.
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Sec. 332. Integration of civil unmanned aircraft systems into national
airspace system.
Sec. 333. Special rules for certain unmanned aircraft systems.
Sec. 334. Public unmanned aircraft systems.
Sec. 335. Safety studies.
Sec. 336. Special rule for model aircraft.
Subtitle C--Safety and Protections
Sec. 341. Aviation Safety Whistleblower Investigation Office.
Sec. 342. Postemployment restrictions for flight standards inspectors.
Sec. 343. Review of air transportation oversight system database.
Sec. 344. Improved voluntary disclosure reporting system.
Sec. 345. Duty periods and flight time limitations applicable to flight
crewmembers.
Sec. 346. Certain existing flight time limitations and rest
requirements.
Sec. 347. Emergency locator transmitters on general aviation aircraft.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Passenger Air Service Improvements
Sec. 401. Smoking prohibition.
Sec. 402. Monthly air carrier reports.
Sec. 403. Musical instruments.
Sec. 404. Extension of competitive access reports.
Sec. 405. Airfares for members of the Armed Forces.
Sec. 406. Review of air carrier flight delays, cancellations, and
associated causes.
Sec. 407. Compensation for delayed baggage.
Sec. 408. DOT airline consumer complaint investigations.
Sec. 409. Study of operators regulated under part 135.
Sec. 410. Use of cell phones on passenger aircraft.
Sec. 411. Establishment of advisory committee for aviation consumer
protection.
Sec. 412. Disclosure of seat dimensions to facilitate the use of child
safety seats on aircraft.
Sec. 413. Schedule reduction.
Sec. 414. Ronald Reagan Washington National Airport slot exemptions.
Sec. 415. Passenger air service improvements.
Subtitle B--Essential Air Service
Sec. 421. Limitation on essential air service to locations that average
fewer than 10 enplanements per day.
Sec. 422. Essential air service eligibility.
Sec. 423. Essential air service marketing.
Sec. 424. Notice to communities prior to termination of eligibility for
subsidized essential air service.
Sec. 425. Restoration of eligibility to a place determined to be
ineligible for subsidized essential air service.
Sec. 426. Adjustments to compensation for significantly increased costs.
Sec. 427. Essential air service contract guidelines.
Sec. 428. Essential air service reform.
Sec. 429. Small community air service.
Sec. 430. Repeal of essential air service local participation program.
Sec. 431. Extension of final order establishing mileage adjustment
eligibility.
TITLE V--ENVIRONMENTAL STREAMLINING
Sec. 501. Overflights of national parks.
Sec. 502. State block grant program.
Sec. 503. Airport funding of special studies or reviews.
Sec. 504. Grant eligibility for assessment of flight procedures.
Sec. 505. Determination of fair market value of residential properties.
Sec. 506. Prohibition on operating certain aircraft weighing 75,000
pounds or less not complying with stage 3 noise levels.
Sec. 507. Aircraft departure queue management pilot program.
Sec. 508. High performance, sustainable, and cost-effective air traffic
control facilities.
Sec. 509. Sense of Congress.
Sec. 510. Aviation noise complaints.
Sec. 511. Pilot program for zero-emission airport vehicles.
Sec. 512. Increasing the energy efficiency of airport power sources.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
Sec. 601. Federal Aviation Administration personnel management system.
Sec. 602. Presidential rank award program.
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Sec. 603. Collegiate training initiative study.
Sec. 604. Frontline manager staffing.
Sec. 605. FAA technical training and staffing.
Sec. 606. Safety critical staffing.
Sec. 607. Air traffic control specialist qualification training.
Sec. 608. FAA air traffic controller staffing.
Sec. 609. Air traffic controller training and scheduling.
Sec. 610. FAA facility conditions.
Sec. 611. Technical correction.
TITLE VII--AVIATION INSURANCE
Sec. 701. General authority.
Sec. 702. Extension of authority to limit third-party liability of air
carriers arising out of acts of terrorism.
Sec. 703. Clarification of reinsurance authority.
Sec. 704. Use of independent claims adjusters.
TITLE VIII--MISCELLANEOUS
Sec. 801. Disclosure of data to Federal agencies in interest of national
security.
Sec. 802. FAA authority to conduct criminal history record checks.
Sec. 803. Civil penalties technical amendments.
Sec. 804. Consolidation and realignment of FAA services and facilities.
Sec. 805. Limiting access to flight decks of all-cargo aircraft.
Sec. 806. Consolidation or elimination of obsolete, redundant, or
otherwise unnecessary reports; use of electronic media
format.
Sec. 807. Prohibition on use of certain funds.
Sec. 808. Study on aviation fuel prices.
Sec. 809. Wind turbine lighting.
Sec. 810. Air-rail code sharing study.
Sec. 811. D.C. Metropolitan Area Special Flight Rules Area.
Sec. 812. FAA review and reform.
Sec. 813. Use of mineral revenue at certain airports.
Sec. 814. Contracting.
Sec. 815. Flood planning.
Sec. 816. Historical aircraft documents.
Sec. 817. Release from restrictions.
Sec. 818. Sense of Congress.
Sec. 819. Human Intervention Motivation Study.
Sec. 820. Study of aeronautical mobile telemetry.
Sec. 821. Clarification of requirements for volunteer pilots operating
charitable medical flights.
Sec. 822. Pilot program for redevelopment of airport properties.
Sec. 823. Report on New York City and Newark air traffic control
facilities.
Sec. 824. Cylinders of compressed oxygen or other oxidizing gases.
Sec. 825. Orphan aviation earmarks.
Sec. 826. Privacy protections for air passenger screening with advanced
imaging technology.
Sec. 827. Commercial space launch license requirements.
Sec. 828. Air transportation of lithium cells and batteries.
Sec. 829. Clarification of memorandum of understanding with OSHA.
Sec. 830. Approval of applications for the airport security screening
opt-out program.
TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT
Sec. 901. Authorization of appropriations.
Sec. 902. Definitions.
Sec. 903. Unmanned aircraft systems.
Sec. 904. Research program on runways.
Sec. 905. Research on design for certification.
Sec. 906. Airport cooperative research program.
Sec. 907. Centers of excellence.
Sec. 908. Center of excellence for aviation human resource research.
Sec. 909. Interagency research on aviation and the environment.
Sec. 910. Aviation fuel research and development program.
Sec. 911. Research program on alternative jet fuel technology for civil
aircraft.
Sec. 912. Review of FAA's energy-related and environment-related
research programs.
Sec. 913. Review of FAA's aviation safety-related research programs.
Sec. 914. Production of clean coal fuel technology for civilian
aircraft.
Sec. 915. Wake turbulence, volcanic ash, and weather research.
Sec. 916. Reauthorization of center of excellence in applied research
and training in the use of advanced materials in transport
aircraft.
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Sec. 917. Research and development of equipment to clean and monitor the
engine and APU bleed air supplied on pressurized aircraft.
Sec. 918. Expert review of enterprise architecture for NextGen.
Sec. 919. Airport sustainability planning working group.
TITLE X--NATIONAL MEDIATION BOARD
Sec. 1001. Rulemaking authority.
Sec. 1002. Runoff election rules.
Sec. 1003. Bargaining representative certification.
Sec. 1004. Oversight.
TITLE XI--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
Sec. 1100. Amendment of 1986 code.
Sec. 1101. Extension of taxes funding airport and airway trust fund.
Sec. 1102. Extension of airport and airway trust fund expenditure
authority.
Sec. 1103. Treatment of fractional aircraft ownership programs.
Sec. 1104. Transparency in passenger tax disclosures.
Sec. 1105. Tax-exempt bond financing for fixed-wing emergency medical
aircraft.
Sec. 1106. Rollover of amounts received in airline carrier bankruptcy.
Sec. 1107. Termination of exemption for small jet aircraft on
nonestablished lines.
Sec. 1108. Modification of control definition for purposes of section
249.
TITLE XII--COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010
Sec. 1201. Compliance provision.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 3. <> EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the amendments
made by this Act shall take effect on the date of enactment of this Act.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103 is amended to read as follows:
``Sec. 48103. Airport planning and development and noise
compatibility planning and programs
``(a) In General.--There shall be available to the Secretary of
Transportation out of the Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code of 1986 to make grants
for airport planning and airport development under section 47104,
airport noise compatibility planning under section 47505(a)(2), and
carrying out noise compatibility programs under section 47504(c)
$3,350,000,000 for each of fiscal years 2012 through 2015.
``(b) Availability of Amounts.--Amounts made available under
subsection (a) shall remain available until expended.''.
(b) Obligational Authority.--Section 47104(c) is amended in the
matter preceding paragraph (1) by striking ``After'' and
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all the follows before ``the Secretary'' and inserting ``After September
30, 2015,''.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations.--Section 48101(a) is amended by
striking paragraphs (1) through (8) and inserting the following:
``(1) $2,731,000,000 for fiscal year 2012.
``(2) $2,715,000,000 for fiscal year 2013.
``(3) $2,730,000,000 for fiscal year 2014.
``(4) $2,730,000,000 for fiscal year 2015.''.
(b) Set-Asides.--Section 48101 is amended--
(1) by striking subsections (c), (d), (e), (h), and (i); and
(2) by redesignating subsections (f) and (g) as subsections
(c) and (d), respectively.
SEC. 103. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) is amended by striking
subparagraphs (A) through (H) and inserting the following:
``(A) $9,653,000,000 for fiscal year 2012;
``(B) $9,539,000,000 for fiscal year 2013;
``(C) $9,596,000,000 for fiscal year 2014; and
``(D) $9,653,000,000 for fiscal year 2015.''.
(b) Authorized Expenditures.--Section 106(k)(2) is amended--
(1) by striking subparagraphs (A), (B), (C), and (D);
(2) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (A), (B), and (C), respectively; and
(3) in subparagraphs (A), (B), and (C) (as so redesignated)
by striking ``2004 through 2007'' and inserting ``2012 through
2015''.
(c) Authority To Transfer Funds.--Section 106(k) is amended by
adding at the end the following:
``(3) Administering program within available
funding. <> --Notwithstanding any other
provision of law, in each of fiscal years 2012 through 2015, if
the Secretary determines that the funds appropriated under
paragraph (1) are insufficient to meet the salary, operations,
and maintenance expenses of the Federal Aviation Administration,
as authorized by this section, the Secretary shall reduce
nonsafety-related activities of the Administration as necessary
to reduce such expenses to a level that can be met by the
funding available under paragraph (1).''.
SEC. 104. FUNDING FOR AVIATION PROGRAMS.
(a) Airport and Airway Trust Fund Guarantee.--Section 48114(a)(1)(A)
is amended to read as follows:
``(A) In general.--The total budget resources made
available from the Airport and Airway Trust Fund each
fiscal year pursuant to sections 48101, 48102, 48103,
and 106(k) shall--
``(i) in fiscal year 2013, be equal to 90
percent of the estimated level of receipts plus
interest credited to the Airport and Airway Trust
Fund for that fiscal year; and
``(ii) in fiscal year 2014 and each fiscal
year thereafter, be equal to the sum of--
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``(I) 90 percent of the estimated
level of receipts plus interest credited
to the Airport and Airway Trust Fund for
that fiscal year; and
``(II) the actual level of receipts
plus interest credited to the Airport
and Airway Trust Fund for the second
preceding fiscal year minus the total
amount made available for obligation
from the Airport and Airway Trust Fund
for the second preceding fiscal year.
Such amounts may be used only for the aviation
investment programs listed in subsection (b)(1).''.
(b) Technical Correction.--Section 48114(a)(1)(B) is amended by
striking ``subsection (b)'' and inserting ``subsection (b)(1)''.
(c) Additional Authorizations of Appropriations From the General
Fund.--Section 48114(a)(2) is amended by striking ``2007'' and inserting
``2015''.
(d) Estimated Level of Receipts Plus Interest Defined.--Section
48114(b)(2) is amended--
(1) in the paragraph heading by striking ``Level'' and
inserting ``Estimated level''; and
(2) by striking ``level of receipts plus interest'' and
inserting ``estimated level of receipts plus interest''.
(e) Enforcement of Guarantees.--Section 48114(c)(2) is amended by
striking ``2007'' and inserting ``2015''.
SEC. 105. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION SYSTEM
PROJECTS.
Section 44501(b) is amended--
(1) in paragraph (3) by striking ``and'' after the
semicolon;
(2) in paragraph (4)(B) by striking ``defense.'' and
inserting ``defense; and''; and
(3) by adding at the end the following:
``(5) a list of capital projects that are part of the Next
Generation Air Transportation System and funded by amounts
appropriated under section 48101(a).''.
Subtitle B--Passenger Facility Charges
SEC. 111. PASSENGER FACILITY CHARGES.
(a) PFC Defined.--Section 40117(a)(5) is amended to read as follows:
``(5) Passenger facility charge.--The term `passenger
facility charge' means a charge or fee imposed under this
section.''.
(b) Pilot Program for PFC Authorizations at Nonhub Airports.--
Section 40117(l) is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraph (8) as paragraph (7).
(c) Correction of References.--
(1) Section 40117.--Section 40117 is amended--
(A) in the section heading by striking ``fees'' and
inserting ``charges'';
(B) in the heading for subsection (e) by striking
``Fees'' and inserting ``Charges'';
(C) in the heading for subsection (l) by striking
``Fee'' and inserting ``Charge'';
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(D) in the heading for paragraph (5) of subsection
(l) by striking ``fee'' and inserting ``charge'';
(E) in the heading for subsection (m) by striking
``Fees'' and inserting ``Charges'';
(F) in the heading for paragraph (1) of subsection
(m) by striking ``fees'' and inserting ``charges'';
(G) by striking ``fee'' each place it appears (other
than the second sentence of subsection (g)(4)) and
inserting ``charge''; and
(H) by striking ``fees'' each place it appears and
inserting ``charges''.
(2) Other references.--
(A) Subtitle VII is amended by striking ``fee'' and
inserting ``charge'' each place it appears in each of
the following sections:
(i) Section 47106(f)(1).
(ii) Section 47110(e)(5).
(iii) Section 47114(f).
(iv) Section 47134(g)(1).
(v) Section 47139(b).
(vi) Section 47521.
(vii) Section 47524(e).
(viii) Section 47526(2).
(B) Section 47521(5) is amended by striking ``fees''
and inserting ``charges''.
(3) Clerical amendment.--The analysis for chapter 401 is
amended by striking the item relating to section 40117 and
inserting the following:
``40117. Passenger facility charges.''.
SEC. 112. GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS.
(a) In General.--The Comptroller General of the United States shall
conduct a study of alternative means of collecting passenger facility
charges imposed under section 40117 of title 49, United States Code,
that would permit such charges to be collected without being included in
the ticket price. In conducting the study, the Comptroller General shall
consider, at a minimum--
(1) collection options for arriving, connecting, and
departing passengers at airports;
(2) cost sharing or allocation methods based on passenger
travel to address connecting traffic; and
(3) examples of airport charges collected by domestic and
international airports that are not included in ticket prices.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the study, including the Comptroller General's findings,
conclusions, and recommendations.
SEC. 113. QUALIFICATIONS-BASED SELECTION.
It is the sense of Congress that airports should consider the use of
qualifications-based selection in carrying out capital improvement
projects funded using passenger facility charges collected under section
40117 of title 49, United States Code, with the goal of serving the
needs of all stakeholders.
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Subtitle C--Fees for FAA Services
SEC. 121. UPDATE ON OVERFLIGHTS.
(a) Establishment and Adjustment of Fees.--Section 45301(b) is
amended to read as follows:
``(b) Establishment and Adjustment of Fees.--
``(1) In general.--In establishing and adjusting fees under
this section, the Administrator shall ensure that the fees are
reasonably related to the Administration's costs, as determined
by the Administrator, of providing the services rendered.
``(2) Services for which costs may be recovered.--Services
for which costs may be recovered under this section include the
costs of air traffic control, navigation, weather services,
training, and emergency services that are available to
facilitate safe transportation over the United States and the
costs of other services provided by the Administrator, or by
programs financed by the Administrator, to flights that neither
take off nor land in the United States.
``(3) Limitations on judicial review.--Notwithstanding
section 702 of title 5 or any other provision of law, the
following actions and other matters shall not be subject to
judicial review:
``(A) The establishment or adjustment of a fee by
the Administrator under this section.
``(B) The validity of a determination of costs by
the Administrator under paragraph (1), and the processes
and procedures applied by the Administrator when
reaching such determination.
``(C) An allocation of costs by the Administrator
under paragraph (1) to services provided, and the
processes and procedures applied by the Administrator
when establishing such allocation.
``(4) Aircraft altitude.--Nothing in this section shall
require the Administrator to take into account aircraft altitude
in establishing any fee for aircraft operations in en route or
oceanic airspace.
``(5) Costs defined.--In this subsection, the term `costs'
includes operation and maintenance costs, leasing costs, and
overhead expenses associated with the services provided and the
facilities and equipment used in providing such services.''.
(b) Adjustment of Fees.--Section 45301 is amended by adding at the
end the following:
``(e) Adjustment of Fees.--In addition to adjustments under
subsection (b), the Administrator may periodically adjust the fees
established under this section.''.
SEC. 122. REGISTRATION FEES.
(a) In General.--Chapter 453 is amended by adding at the end the
following:
``Sec. 45305. <> Registration, certification,
and related fees
``(a) General Authority and Fees.--Subject to subsection (b), the
Administrator of the Federal Aviation Administration shall establish and
collect a fee for each of the following services and activities of the
Administration that does not exceed the estimated costs of the service
or activity:
``(1) Registering an aircraft.
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``(2) Reregistering, replacing, or renewing an aircraft
registration certificate.
``(3) Issuing an original dealer's aircraft registration
certificate.
``(4) Issuing an additional dealer's aircraft registration
certificate (other than the original).
``(5) Issuing a special registration number.
``(6) Issuing a renewal of a special registration number
reservation.
``(7) Recording a security interest in an aircraft or
aircraft part.
``(8) Issuing an airman certificate.
``(9) Issuing a replacement airman certificate.
``(10) Issuing an airman medical certificate.
``(11) Providing a legal opinion pertaining to aircraft
registration or recordation.
``(b) Limitation on Collection.--No fee may be collected under this
section unless the expenditure of the fee to pay the costs of activities
and services for which the fee is imposed is provided for in advance in
an appropriations Act.
``(c) Fees Credited as Offsetting Collections.--
``(1) In general.--Notwithstanding section 3302 of title 31,
any fee authorized to be collected under this section shall--
``(A) be credited as offsetting collections to the
account that finances the activities and services for
which the fee is imposed;
``(B) be available for expenditure only to pay the
costs of activities and services for which the fee is
imposed, including all costs associated with collecting
the fee; and
``(C) remain available until expended.
``(2) Continuing appropriations.--The Administrator may
continue to assess, collect, and spend fees established under
this section during any period in which the funding for the
Federal Aviation Administration is provided under an Act
providing continuing appropriations in lieu of the
Administration's regular appropriations.
``(3) Adjustments.--The Administrator shall adjust a fee
established under subsection (a) for a service or activity if
the Administrator determines that the actual cost of the service
or activity is higher or lower than was indicated by the cost
data used to establish such fee.''.
(b) Clerical Amendment.--The analysis for chapter 453 is amended by
adding at the end the following:
``45305. Registration, certification, and related fees.''.
(c) Fees Involving Aircraft Not Providing Air Transportation.--
Section 45302(e) is amended--
(1) by striking ``A fee'' and inserting the following:
``(1) In general.--A fee''; and
(2) by adding at the end the following:
``(2) Effect of imposition of other fees.--A fee may not be
imposed for a service or activity under this section during any
period in which a fee for the same service or activity is
imposed under section 45305.''.
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Subtitle D--Airport Improvement Program Modifications
SEC. 131. AIRPORT MASTER PLANS.
Section 47101(g)(2) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) consider passenger convenience, airport ground
access, and access to airport facilities; and''.
SEC. 132. AIP DEFINITIONS.
(a) Airport Development.--Section 47102(3) is amended--
(1) in subparagraph (B)(iv) by striking ``20'' and inserting
``9'';
(2) in subparagraph (G) by inserting ``and including
acquiring glycol recovery vehicles,'' after ``aircraft,''; and
(3) by adding at the end the following:
``(M) construction of mobile refueler parking within
a fuel farm at a nonprimary airport meeting the
requirements of section 112.8 of title 40, Code of
Federal Regulations.
``(N) terminal development under section 47119(a).
``(O) acquiring and installing facilities and
equipment to provide air conditioning, heating, or
electric power from terminal-based, nonexclusive use
facilities to aircraft parked at a public use airport
for the purpose of reducing energy use or harmful
emissions as compared to the provision of such air
conditioning, heating, or electric power from aircraft-
based systems.''.
(b) Airport Planning.--Section 47102(5) is amended to read as
follows:
``(5) `airport planning' means planning as defined by
regulations the Secretary prescribes and includes--
``(A) integrated airport system planning;
``(B) developing an environmental management system;
and
``(C) developing a plan for recycling and minimizing
the generation of airport solid waste, consistent with
applicable State and local recycling laws, including the
cost of a waste audit.''.
(c) General Aviation Airport.--Section 47102 is amended--
(1) by redesignating paragraphs (23) through (25) as
paragraphs (25) through (27), respectively;
(2) by redesignating paragraphs (8) through (22) as
paragraphs (9) through (23), respectively; and
(3) by inserting after paragraph (7) the following:
``(8) `general aviation airport' means a public airport that
is located in a State and that, as determined by the Secretary--
``(A) does not have scheduled service; or
``(B) has scheduled service with less than 2,500
passenger boardings each year.''.
(d) Revenue Producing Aeronautical Support Facilities.--Section
47102 is amended by inserting after paragraph (23) (as redesignated by
subsection (c)(2) of this section) the following:
[[Page 22]]
``(24) `revenue producing aeronautical support facilities'
means fuel farms, hangar buildings, self-service credit card
aeronautical fueling systems, airplane wash racks, major
rehabilitation of a hangar owned by a sponsor, or other
aeronautical support facilities that the Secretary determines
will increase the revenue producing ability of the airport.''.
(e) Terminal Development.--Section 47102 (as amended by subsection
(c) of this section) is further amended by adding at the end the
following:
``(28) `terminal development' means--
``(A) development of--
``(i) an airport passenger terminal building,
including terminal gates;
``(ii) access roads servicing exclusively
airport traffic that leads directly to or from an
airport passenger terminal building; and
``(iii) walkways that lead directly to or from
an airport passenger terminal building; and
``(B) the cost of a vehicle described in section
47119(a)(1)(B).''.
SEC. 133. RECYCLING PLANS FOR AIRPORTS.
Section 47106(a) is amended--
(1) in paragraph (4) by striking ``and'' at the end;
(2) in paragraph (5) by striking ``proposed.'' and inserting
``proposed; and''; and
(3) by adding at the end the following:
``(6) if the project is for an airport that has an airport
master plan, the master plan addresses issues relating to solid
waste recycling at the airport, including--
``(A) the feasibility of solid waste recycling at
the airport;
``(B) minimizing the generation of solid waste at
the airport;
``(C) operation and maintenance requirements;
``(D) the review of waste management contracts; and
``(E) the potential for cost savings or the
generation of revenue.''.
SEC. 134. CONTENTS OF COMPETITION PLANS.
Section 47106(f)(2) is amended--
(1) by striking ``patterns of air service,'';
(2) by inserting ``and'' before ``whether''; and
(3) by striking ``, and airfare levels'' and all that
follows before the period.
SEC. 135. GRANT ASSURANCES.
(a) General Written Assurances.--Section 47107(a)(16)(D)(ii) is
amended by inserting before the semicolon at the end the following: ``,
except in the case of a relocation or replacement of an existing airport
facility that meets the conditions of section 47110(d)''.
(b) Written Assurances on Acquiring Land.--
(1) Use of proceeds.--Section 47107(c)(2) is amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i) by
striking ``purpose--'' and inserting ``purpose
(including land serving as a noise buffer either
by being undeveloped
[[Page 23]]
or developed in a way that is compatible with
using the land for noise buffering purposes)--'';
(ii) in clause (iii) by striking ``paid to the
Secretary'' and all that follows before the
semicolon and inserting ``reinvested in another
project at the airport or transferred to another
airport as the Secretary prescribes under
paragraph (4)''; and
(B) in subparagraph (B)(iii) by striking
``reinvested, on application'' and all that follows
before the period at the end and inserting ``reinvested
in another project at the airport or transferred to
another airport as the Secretary prescribes under
paragraph (4)''.
(2) Eligible projects.--Section 47107(c) is amended by
adding at the end the following:
``(4) In approving the reinvestment or transfer of proceeds under
paragraph (2)(A)(iii) or (2)(B)(iii), the Secretary shall give
preference, in descending order, to the following actions:
``(A) Reinvestment in an approved noise compatibility
project.
``(B) Reinvestment in an approved project that is eligible
for funding under section 47117(e).
``(C) Reinvestment in an approved airport development
project that is eligible for funding under section 47114, 47115,
or 47117.
``(D) Transfer to a sponsor of another public airport to be
reinvested in an approved noise compatibility project at that
airport.
``(E) Payment to the Secretary for deposit in the Airport
and Airway Trust Fund established under section 9502 of the
Internal Revenue Code of 1986.
``(5)(A) A lease at fair market value by an airport owner or
operator of land acquired for a noise compatibility purpose using a
grant provided under this subchapter shall not be considered a disposal
for purposes of paragraph (2).
``(B) The airport owner or operator may use revenues from a lease
described in subparagraph (A) for an approved airport development
project that is eligible for funding under section 47114, 47115, or
47117.
``(C) <> The Secretary shall coordinate with each
airport owner or operator to ensure that leases described in
subparagraph (A) are consistent with noise buffering purposes.
``(D) <> The provisions of
this paragraph apply to all land acquired before, on, or after the date
of enactment of this paragraph.''.
SEC. 136. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO GENERAL
AVIATION AIRPORTS.
(a) In General.--Section 47107 is amended by adding at the end the
following:
``(t) Agreements Granting Through-The-Fence Access to General
Aviation Airports.--
``(1) In general.--Subject to paragraph (2), a sponsor of a
general aviation airport shall not be considered to be in
violation of this subtitle, or to be in violation of a grant
assurance made under this section or under any other provision
of law as a condition for the receipt of Federal financial
assistance for airport development, solely because the sponsor
enters into an agreement that grants to a person that owns
residential
[[Page 24]]
real property adjacent to or near the airport access to the
airfield of the airport for the following:
``(A) Aircraft of the person.
``(B) Aircraft authorized by the person.
``(2) Through-the-fence agreements.--
``(A) In general.--An agreement described in
paragraph (1) between an airport sponsor and a property
owner (or an association representing such property
owner) shall be a written agreement that prescribes the
rights, responsibilities, charges, duration, and other
terms the airport sponsor determines are necessary to
establish and manage the airport sponsor's relationship
with the property owner.
``(B) Terms and conditions.--An agreement described
in paragraph (1) between an airport sponsor and a
property owner (or an association representing such
property owner) shall require the property owner, at
minimum--
``(i) to pay airport access charges that, as
determined by the airport sponsor, are comparable
to those charged to tenants and operators on-
airport making similar use of the airport;
``(ii) to bear the cost of building and
maintaining the infrastructure that, as determined
by the airport sponsor, is necessary to provide
aircraft located on the property adjacent to or
near the airport access to the airfield of the
airport;
``(iii) to maintain the property for
residential, noncommercial use for the duration of
the agreement;
``(iv) to prohibit access to the airport from
other properties through the property of the
property owner; and
``(v) to prohibit any aircraft refueling from
occurring on the property.''.
(b) Applicability.-- <> The amendment made by subsection (a) shall apply to an agreement
between an airport sponsor and a property owner (or an association
representing such property owner) entered into before, on, or after the
date of enactment of this Act.
SEC. 137. GOVERNMENT SHARE OF PROJECT COSTS.
Section 47109 is amended--
(1) in subsection (a) by striking ``provided in subsection
(b) or subsection (c) of this section'' and inserting
``otherwise provided in this section''; and
(2) by adding at the end the following:
``(e) Special Rule for Transition From Small Hub to Medium Hub
Status.--If the status of a small hub airport changes to a medium hub
airport, the Government's share of allowable project costs for the
airport may not exceed 90 percent for the first 2 fiscal years after
such change in hub status.
``(f) Special Rule for Economically Distressed Communities.--The
Government's share of allowable project costs shall be 95 percent for a
project at an airport that--
``(1) is receiving essential air service for which
compensation was provided to an air carrier under subchapter II
of chapter 417; and
``(2) is located in an area that meets one or more of the
criteria established in section 301(a) of the Public Works and
[[Page 25]]
Economic Development Act of 1965 (42 U.S.C. 3161(a)), as
determined by the Secretary of Commerce.''.
SEC. 138. ALLOWABLE PROJECT COSTS.
(a) Allowable Project Costs.--Section 47110(b)(2)(D) is amended to
read as follows:
``(D) if the cost is for airport development and is incurred
before execution of the grant agreement, but in the same fiscal
year as execution of the grant agreement, and if--
``(i) the cost was incurred before execution of the
grant agreement because the airport has a shortened
construction season due to climactic conditions in the
vicinity of the airport;
``(ii) the cost is in accordance with an airport
layout plan approved by the Secretary and with all
statutory and administrative requirements that would
have been applicable to the project if the project had
been carried out after execution of the grant agreement,
including submission of a complete grant application to
the appropriate regional or district office of the
Federal Aviation Administration;
``(iii) <> the sponsor notifies
the Secretary before authorizing work to commence on the
project;
``(iv) the sponsor has an alternative funding source
available to fund the project; and
``(v) the sponsor's decision to proceed with the
project in advance of execution of the grant agreement
does not affect the priority assigned to the project by
the Secretary for the allocation of discretionary
funds;''.
(b) Inclusion of Measures to Improve Efficiency of Airport Buildings
in Airport Improvement Projects.--Section 47110(b) is amended--
(1) in paragraph (5) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) if the cost is incurred on a measure to improve the
efficiency of an airport building (such as a measure designed to
meet one or more of the criteria for being considered a high-
performance green building as set forth under section 401(13) of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17061(13))) and--
``(A) the measure is for a project for airport
development;
``(B) the measure is for an airport building that is
otherwise eligible for construction assistance under
this subchapter; and
``(C) if the measure results in an increase in
initial project costs, the increase is justified by
expected savings over the life cycle of the project.''.
(c) Relocation of Airport-Owned Facilities.--Section 47110(d) is
amended to read as follows:
``(d) Relocation of Airport-Owned Facilities.--The Secretary may
determine that the costs of relocating or replacing an airport-owned
facility are allowable for an airport development project at an airport
only if--
[[Page 26]]
``(1) the Government's share of such costs will be paid with
funds apportioned to the airport sponsor under section
47114(c)(1) or 47114(d);
``(2) the Secretary determines that the relocation or
replacement is required due to a change in the Secretary's
design standards; and
``(3) the Secretary determines that the change is beyond the
control of the airport sponsor.''.
(d) Nonprimary Airports.--Section 47110(h) is amended--
(1) by inserting ``construction'' before ``costs of revenue
producing''; and
(2) by striking ``, including fuel farms and hangars,''.
(e) Bird-Detecting Radar Systems.--Section 47110 is amended by
adding at the end the following:
``(i) Bird-Detecting Radar Systems.--The Administrator of the
Federal Aviation Administration, upon the conclusion of all planned
research by the Administration regarding avian radar systems, shall--
``(1) update Advisory Circular No. 150/5220-25 to specify
which systems have been studied; and
``(2) <> within 180 days after
such research is concluded, issue a final report on the use of
avian radar systems in the national airspace system.''.
SEC. 139. VETERANS' PREFERENCE.
Section 47112(c) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B) by striking ``separated
from'' and inserting ``discharged or released from
active duty in''; and
(B) by adding at the end the following:
``(C) <> `Afghanistan-Iraq
war veteran' means an individual who served on active duty (as
defined in section 101 of title 38) in the armed forces in
support of Operation Enduring Freedom, Operation Iraqi Freedom,
or Operation New Dawn for more than 180 consecutive days, any
part of which occurred after September 11, 2001, and before the
date prescribed by presidential proclamation or by law as the
last day of Operation Enduring Freedom, Operation Iraqi Freedom,
or Operation New Dawn (whichever is later), and who was
discharged or released from active duty in the armed forces
under honorable conditions.
``(D) <> `Persian Gulf veteran' means an
individual who served on active duty in the armed forces in the
Southwest Asia theater of operations during the Persian Gulf War
for more than 180 consecutive days, any part of which occurred
after August 2, 1990, and before the date prescribed by
presidential proclamation or by law, and who was discharged or
released from active duty in the armed forces under honorable
conditions.''; and
(2) in paragraph (2) by striking ``Vietnam-era veterans and
disabled veterans'' and inserting ``Vietnam-era veterans,
Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled
veterans, and small business concerns (as defined in section 3
of the Small Business Act (15 U.S.C. 632)) owned and controlled
by disabled veterans''.
[[Page 27]]
SEC. 140. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
(a) <> Findings.--Congress finds the
following:
(1) While significant progress has occurred due to the
establishment of the airport disadvantaged business enterprise
program (49 U.S.C. 47107(e) and 47113), discrimination and
related barriers continue to pose significant obstacles for
minority- and women-owned businesses seeking to do business in
airport-related markets across the Nation. These continuing
barriers merit the continuation of the airport disadvantaged
business enterprise program.
(2) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits. This
testimony and documentation shows that race- and gender-neutral
efforts alone are insufficient to address the problem.
(3) This testimony and documentation demonstrates that
discrimination across the Nation poses a barrier to full and
fair participation in airport-related businesses of women
business owners and minority business owners in the racial
groups detailed in parts 23 and 26 of title 49, Code of Federal
Regulations, and has impacted firm development and many aspects
of airport-related business in the public and private markets.
(4) This testimony and documentation provides a strong basis
that there is a compelling need for the continuation of the
airport disadvantaged business enterprise program and the
airport concessions disadvantaged business enterprise program to
address race and gender discrimination in airport-related
business.
(b) Standardizing Certification of Disadvantaged Business
Enterprises.--Section 47113 is amended by adding at the end the
following:
``(e) Mandatory Training Program.--
``(1) In general.-- <> Not later than 1
year after the date of enactment of this subsection, the
Secretary shall establish a mandatory training program for
persons described in paragraph (3) to provide streamlined
training on certifying whether a small business concern
qualifies as a small business concern owned and controlled by
socially and economically disadvantaged individuals under this
section and section 47107(e).
``(2) Implementation.--The training program may be
implemented by one or more private entities approved by the
Secretary.
``(3) Participants.--A person referred to in paragraph (1)
is an official or agent of an airport sponsor--
``(A) who is required to provide a written assurance
under this section or section 47107(e) that the airport
owner or operator will meet the percentage goal of
subsection (b) of this section or section 47107(e)(1),
as the case may be; or
``(B) who is responsible for determining whether or
not a small business concern qualifies as a small
business concern owned and controlled by socially and
economically disadvantaged individuals under this
section or section 47107(e).''.
[[Page 28]]
(c) Inspector General Report on Participation in FAA Programs by
Disadvantaged Small Business Concerns.--
(1) In general.--For each of fiscal years 2013 through 2015,
the Inspector General of the Department of Transportation shall
submit to Congress a report on the number of new small business
concerns owned and controlled by socially and economically
disadvantaged individuals, including those owned by veterans,
that participated in the programs and activities funded using
the amounts made available under this Act.
(2) New small business concerns.--For purposes 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.
(3) Contents.--The report shall include--
(A) a list of the top 25 and bottom 25 large and
medium hub airports in terms of providing opportunities
for small business concerns owned and controlled by
socially and economically disadvantaged individuals to
participate in the programs and activities funded using
the amounts made available under this Act;
(B) the results of an assessment, to be conducted by
the Inspector General, on the reasons why the top
airports have been successful in providing such
opportunities; and
(C) recommendations to the Administrator of the
Federal Aviation Administration and Congress on methods
for other airports to achieve results similar to those
of the top airports.
SEC. 141. SPECIAL APPORTIONMENT RULES.
(a) Eligibility To Receive Primary Airport Minimum Apportionment
Amount.--Section 47114(d) is amended by adding at the end the following:
``(7) Eligibility to receive primary airport minimum
apportionment amount.--Notwithstanding any other provision of
this subsection, the Secretary may apportion to an airport
sponsor in a fiscal year an amount equal to the minimum
apportionment available under subsection (c)(1)(B) if the
Secretary finds that the airport--
``(A) received scheduled or unscheduled air service
from a large certificated air carrier (as defined in
part 241 of title 14, Code of Federal Regulations, or
such other regulations as may be issued by the Secretary
under the authority of section 41709) in the calendar
year used to calculate the apportionment; and
``(B) had more than 10,000 passenger boardings in
the calendar year used to calculate the
apportionment.''.
(b) Special Rule for Fiscal Years 2012 and 2013.--Section
47114(c)(1) is amended--
(1) by striking subparagraphs (F) and (G); and
(2) by inserting after subparagraph (E) the following:
``(F) Special rule for fiscal years 2012 and 2013.--
Notwithstanding subparagraph (A), for an airport that
had more than 10,000 passenger boardings and scheduled
passenger aircraft service in calendar year 2007, but in
either calendar year 2009 or 2010, or in both years, the
number of passenger boardings decreased to a level below
10,000
[[Page 29]]
boardings per year at such airport, the Secretary may
apportion in each of fiscal years 2012 and 2013 to the
sponsor of such airport an amount equal to the amount
apportioned to that sponsor in fiscal year 2009.''.
SEC. 142. UNITED STATES TERRITORIES MINIMUM GUARANTEE.
Section 47114 is amended by adding at the end the following:
``(g) Supplemental Apportionment for Puerto Rico and United States
Territories.--The Secretary shall apportion amounts for airports in
Puerto Rico and all other United States territories in accordance with
this section. This subsection does not prohibit the Secretary from
making project grants for airports in Puerto Rico or other United States
territories from the discretionary fund under section 47115.''.
SEC. 143. REDUCING APPORTIONMENTS.
Section 47114(f)(1) is amended by striking subparagraphs (A) and (B)
and inserting the following:
``(A) in the case of a charge of $3.00 or less--
``(i) except as provided in clause (ii), 50
percent of the projected revenues from the charge
in the fiscal year but not by more than 50 percent
of the amount that otherwise would be apportioned
under this section; or
``(ii) with respect to an airport in Hawaii,
50 percent of the projected revenues from the
charge in the fiscal year but not by more than 50
percent of the excess of--
``(I) the amount that otherwise
would be apportioned under this section;
over
``(II) the amount equal to the
amount specified in subclause (I)
multiplied by the percentage of the
total passenger boardings at the
applicable airport that are comprised of
interisland passengers; and
``(B) in the case of a charge of more than $3.00--
``(i) except as provided in clause (ii), 75
percent of the projected revenues from the charge
in the fiscal year but not by more than 75 percent
of the amount that otherwise would be apportioned
under this section; or
``(ii) with respect to an airport in Hawaii,
75 percent of the projected revenues from the
charge in the fiscal year but not by more than 75
percent of the excess of--
``(I) the amount that otherwise
would be apportioned under this section;
over
``(II) the amount equal to the
amount specified in subclause (I)
multiplied by the percentage of the
total passenger boardings at the
applicable airport that are comprised of
interisland passengers.''.
SEC. 144. MARSHALL ISLANDS, MICRONESIA, AND PALAU.
Section 47115(j) is amended by striking ``For fiscal years'' and all
that follows before ``the sponsors'' and inserting ``For fiscal years
2012 through 2015,''.
[[Page 30]]
SEC. 145. USE OF APPORTIONED AMOUNTS.
Section 47117(e)(1)(A) is amended--
(1) by striking ``35 percent'' in the first sentence and
inserting ``35 percent, but not more than $300,000,000,'';
(2) by striking ``and'' after ``47141,'';
(3) by striking ``et seq.).'' and inserting ``et seq.), and
for water quality mitigation projects to comply with the Act of
June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an
environmental record of decision for an airport development
project under this title.''; and
(4) by striking ``such 35 percent requirement is'' in the
second sentence and inserting ``the requirements of the
preceding sentence are''.
SEC. 146. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) Considerations.--Section 47118(c) is amended--
(1) in paragraph (1) by striking ``or'' after the semicolon;
(2) in paragraph (2) by striking ``delays.'' and inserting
``delays; or''; and
(3) by adding at the end the following:
``(3) preserve or enhance minimum airfield infrastructure
facilities at former military airports to support emergency
diversionary operations for transoceanic flights in locations--
``(A) within United States jurisdiction or control;
and
``(B) where there is a demonstrable lack of
diversionary airports within the distance or flight-time
required by regulations governing transoceanic
flights.''.
(b) Designation of General Aviation Airports.--Section 47118(g) is
amended--
(1) in the subsection heading by striking ``Airport'' and
inserting ``Airports''; and
(2) by striking ``one of the airports bearing a designation
under subsection (a) may be a general aviation airport that was
a former military installation'' and inserting ``3 of the
airports bearing designations under subsection (a) may be
general aviation airports that were former military
installations''.
(c) Safety-Critical Airports.--Section 47118 is amended by adding at
the end the following:
``(h) Safety-Critical Airports.--Notwithstanding any other provision
of this chapter, a grant under section 47117(e)(1)(B) may be made for a
federally owned airport designated under subsection (a) if the grant is
for a project that is--
``(1) to preserve or enhance minimum airfield infrastructure
facilities described in subsection (c)(3); and
``(2) necessary to meet the minimum safety and emergency
operational requirements established under part 139 of title 14,
Code of Federal Regulations.''.
SEC. 147. CONTRACT TOWER PROGRAM.
(a) Cost-Benefit Requirement.--Section 47124(b) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) The Secretary'' and inserting
the following:
``(1) Contract tower program.--
``(A) Continuation.--The Secretary''; and
(B) by adding at the end the following:
[[Page 31]]
``(B) <> Special
rule.--If the Secretary determines that a tower already
operating under the program continued under this
paragraph has a benefit-to-cost ratio of less than 1.0,
the airport sponsor or State or local government having
jurisdiction over the airport shall not be required to
pay the portion of the costs that exceeds the benefit
for a period of 18 months after such determination is
made.
``(C) Use of excess funds.--If the Secretary finds
that all or part of an amount made available to carry
out the program continued under this paragraph is not
required during a fiscal year, the Secretary may use,
during such fiscal year, the amount not so required to
carry out the program established under paragraph
(3).''; and
(2) in paragraph (2) by striking ``(2) The Secretary'' and
inserting the following:
``(2) General authority.--The Secretary''.
(b) Funding; Use of Excess Funds.--Section 47124(b)(3) is amended by
striking subparagraph (E) and inserting the following:
``(E) Funding.--Of the amounts appropriated pursuant
to section 106(k)(1), not more than $10,350,000 for each
of fiscal years 2012 through 2015 may be used to carry
out this paragraph.
``(F) Use of excess funds.--If the Secretary finds
that all or part of an amount made available under this
paragraph is not required during a fiscal year, the
Secretary may use, during such fiscal year, the amount
not so required to carry out the program continued under
paragraph (1).''.
(c) Federal Share.--Section 47124(b)(4)(C) is amended by striking
``$1,500,000'' and inserting ``$2,000,000''.
(d) Safety Audits.--Section 47124 is amended by adding at the end
the following:
``(c) Safety Audits. <> --The Secretary shall
establish uniform standards and requirements for regular safety
assessments of air traffic control towers that receive funding under
this section.''.
SEC. 148. RESOLUTION OF DISPUTES CONCERNING AIRPORT FEES.
(a) In General.--Section 47129 is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 47129. Resolution of disputes concerning airport fees'';
(2) by inserting ``and Foreign Air Carrier'' after
``Carrier'' in the heading for subsection (d);
(3) by inserting ``and foreign air carrier'' after
``carrier'' in the heading for subsection (d)(2);
(4) by striking ``air carrier'' each place it appears and
inserting ``air carrier or foreign air carrier'';
(5) by striking ``air carrier's'' each place it appears and
inserting ``air carrier's or foreign air carrier's'';
(6) by striking ``air carriers'' and inserting ``air
carriers or foreign air carriers''; and
(7) by striking ``(as defined in section 40102 of this
title)'' in subsection (a) and inserting ``(as those terms are
defined in section 40102)''.
[[Page 32]]
(b) Conforming Amendment.--The analysis for chapter 471 is amended
by striking the item relating to section 47129 and inserting the
following:
``47129. Resolution of disputes concerning airport fees.''.
SEC. 149. SALE OF PRIVATE AIRPORTS TO PUBLIC SPONSORS.
(a) In General.--Section 47133(b) is amended--
(1) by striking ``Subsection (a) shall not apply if'' and
inserting the following:
``(1) Prior laws and agreements.--Subsection (a) shall not
apply if''; and
(2) by adding at the end the following:
``(2) Sale of private airport to public sponsor.--In the
case of a privately owned airport, subsection (a) shall not
apply to the proceeds from the sale of the airport to a public
sponsor if--
``(A) the sale is approved by the Secretary;
``(B) funding is provided under this subchapter for
any portion of the public sponsor's acquisition of
airport land; and
``(C) an amount equal to the remaining unamortized
portion of any airport improvement grant made to that
airport for purposes other than land acquisition,
amortized over a 20-year period, plus an amount equal to
the Federal share of the current fair market value of
any land acquired with an airport improvement grant made
to that airport on or after October 1, 1996, is repaid
to the Secretary by the private owner.
``(3) Treatment of repayments.--Repayments referred to in
paragraph (2)(C) shall be treated as a recovery of prior year
obligations.''.
(b) <> Applicability to Grants.--The
amendments made by subsection (a) shall apply to grants issued on or
after October 1, 1996.
SEC. 150. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN WASHINGTON
AIRPORTS AUTHORITY.
Section 49108, and the item relating to section 49108 in the
analysis for chapter 491, are repealed.
SEC. 151. MIDWAY ISLAND AIRPORT.
Section 186(d) of the Vision 100--Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking ``for fiscal
years'' and all that follows before ``from amounts'' and inserting ``for
fiscal years 2012 through 2015''.
SEC. 152. MISCELLANEOUS AMENDMENTS.
(a) Technical Changes to National Plan of Integrated Airport
Systems.--Section 47103 is amended--
(1) in subsection (a)--
(A) by striking ``each airport to--'' and inserting
``the airport system to--'';
(B) in paragraph (1) by striking ``system in the
particular area;'' and inserting ``system, including
connection to the surface transportation network; and'';
(C) in paragraph (2) by striking ``; and'' and
inserting a period; and
(D) by striking paragraph (3);
[[Page 33]]
(2) in subsection (b)--
(A) in paragraph (1) by striking the semicolon and
inserting ``; and'';
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(C) in paragraph (2) (as so redesignated) by
striking ``, Short Takeoff and Landing/Very Short
Takeoff and Landing aircraft operations,''; and
(3) in subsection (d) by striking ``status of the''.
(b) Consolidation of Terminal Development Provisions.--Section 47119
is amended--
(1) by redesignating subsections (a), (b), (c), and (d) as
subsections (b), (c), (d), and (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Terminal Development Projects.--
``(1) In general.--The Secretary of Transportation may
approve a project for terminal development (including multimodal
terminal development) in a nonrevenue-producing public-use area
of a commercial service airport--
``(A) <> if the sponsor
certifies that the airport, on the date the grant
application is submitted to the Secretary, has--
``(i) all the safety equipment required for
certification of the airport under section 44706;
``(ii) all the security equipment required by
regulation; and
``(iii) provided for access by passengers to
the area of the airport for boarding or exiting
aircraft that are not air carrier aircraft;
``(B) if the cost is directly related to moving
passengers and baggage in air commerce within the
airport, including vehicles for moving passengers
between terminal facilities and between terminal
facilities and aircraft; and
``(C) under terms necessary to protect the interests
of the Government.
``(2) Project in revenue-producing areas and nonrevenue-
producing parking lots.--In making a decision under paragraph
(1), the Secretary may approve as allowable costs the expenses
of terminal development in a revenue-producing area and
construction, reconstruction, repair, and improvement in a
nonrevenue-producing parking lot if--
``(A) except as provided in section 47108(e)(3), the
airport does not have more than .05 percent of the total
annual passenger boardings in the United States; and
``(B) the sponsor certifies that any needed airport
development project affecting safety, security, or
capacity will not be deferred because of the Secretary's
approval.'';
(3) in subsection (b)(4)(B) (as redesignated by paragraph
(1) of this subsection) by striking ``Secretary of
Transportation'' and inserting ``Secretary'';
(4) in subsections (b)(3) and (b)(4)(A) (as redesignated by
paragraph (1) of this subsection) by striking ``section
47110(d)'' and inserting ``subsection (a)'';
(5) in subsection (b)(5) (as redesignated by paragraph (1)
of this subsection) by striking ``subsection (b)(1) and (2)''
and inserting ``subsections (c)(1) and (c)(2)'';
[[Page 34]]
(6) in subsections (c)(1), (c)(2)(A), (c)(3), and (c)(4) (as
redesignated by paragraph (1) of this subsection) by striking
``section 47110(d) of this title'' and inserting ``subsection
(a)'';
(7) in subsections (c)(2)(B) and (c)(5) (as redesignated by
paragraph (1) of this subsection) by striking ``section
47110(d)'' and inserting ``subsection (a)''; and
(8) by adding at the end the following:
``(f) Limitation on Discretionary Funds.--The Secretary may
distribute not more than $20,000,000 from the discretionary fund
established under section 47115 for terminal development projects at a
nonhub airport or a small hub airport that is eligible to receive
discretionary funds under section 47108(e)(3).''.
(c) Annual Report.--Section 47131(a) is amended--
(1) by striking ``April 1'' and inserting ``June 1''; and
(2) by striking paragraphs (1), (2), (3), and (4) and
inserting the following:
``(1) a summary of airport development and planning
completed;
``(2) a summary of individual grants issued;
``(3) an accounting of discretionary and apportioned funds
allocated;
``(4) the allocation of appropriations; and''.
(d) Correction to Emission Credits Provision.--Section 47139 is
amended--
(1) in subsection (a) by striking ``47102(3)(F),''; and
(2) in subsection (b)--
(A) by striking ``47102(3)(F),''; and
(B) by striking ``47103(3)(F),''.
(e) Conforming Amendments.--
(1) Section 40117(a)(3)(B) is amended by striking ``section
47110(d)'' and inserting ``section 47119(a)''.
(2) Section 47108(e)(3) is amended--
(A) by striking ``section 47110(d)(2)'' and
inserting ``section 47119(a)''; and
(B) by striking ``section 47110(d)'' and inserting
``section 47119(a)''.
(f) Correction to Surplus Property Authority.--Section 47151(e) is
amended by striking ``(other than real property'' and all that follows
through ``(10 U.S.C. 2687 note))''.
(g) Definitions.--
(1) Congested airport.--Section 47175(2) is amended by
striking ``2001'' and inserting ``2004 or any successor
report''.
(2) Joint use airport.--Section 47175 is amended by adding
at the end the following:
``(7) Joint use airport.--The term `joint use airport' means
an airport owned by the Department of Defense, at which both
military and civilian aircraft make shared use of the
airfield.''.
SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE
PLANNING AND PROJECTS BY STATE AND LOCAL
GOVERNMENTS.
Section 47141(f) is amended to read as follows:
``(f) Sunset.--This section shall not be in effect after September
30, 2015.''.
[[Page 35]]
SEC. 154. <> PRIORITY REVIEW OF
CONSTRUCTION PROJECTS IN COLD WEATHER
STATES.
The Administrator of the Federal Aviation Administration, to the
extent practicable, shall schedule the Administrator's review of
construction projects so that projects to be carried out in States in
which the weather during a typical calendar year prevents major
construction projects from being carried out before May 1 are reviewed
as early as possible.
SEC. 155. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.
(a) <> In General.--Not later than 90 days after
the date of enactment of this Act, the Secretary of Transportation shall
begin a study to evaluate the formulation of the national plan of
integrated airport systems (in this section referred to as the ``plan'')
under section 47103 of title 49, United States Code.
(b) Contents of Study.--The study shall include a review of the
following:
(1) The criteria used for including airports in the plan and
the application of such criteria in the most recently published
version of the plan.
(2) The changes in airport capital needs as shown in the
2005-2009 and 2007-2011 plans, compared with the amounts
apportioned or otherwise made available to individual airports
between 2005 and 2010.
(3) A comparison of the amounts received by airports under
the airport improvement program in airport apportionments, State
apportionments, and discretionary grants during such fiscal
years with capital needs as reported in the plan.
(4) The effect of transfers of airport apportionments under
title 49, United States Code.
(5) An analysis on the feasibility and advisability of
apportioning amounts under section 47114(c)(1) of title 49,
United States Code, to the sponsor of each primary airport for
each fiscal year an amount that bears the same ratio to the
amount subject to the apportionment for fiscal year 2009 as the
number of passenger boardings at the airport during the prior
calendar year bears to the aggregate of all passenger boardings
at all primary airports during that calendar year.
(6) A documentation and review of the methods used by
airports to reach the 10,000 passenger enplanement threshold,
including whether such airports subsidize commercial flights to
reach such threshold, at every airport in the United States that
reported between 10,000 and 15,000 passenger enplanements during
each of the 2 most recent calendar years for which such data is
available.
(7) Any other matters pertaining to the plan that the
Secretary determines appropriate.
(c) Report to Congress.--
(1) Submission.--Not later than 36 months after the date
that the Secretary begins the study under this section, the
Secretary 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.
(2) Contents.--The report shall include--
[[Page 36]]
(A) the findings of the Secretary on each of the
issues described in subsection (b);
(B) recommendations for any changes to policies and
procedures for formulating the plan; and
(C) recommendations for any changes to the methods
of determining the amounts to be apportioned or
otherwise made available to individual airports.
SEC. 156. AIRPORT PRIVATIZATION PROGRAM.
Section 47134(b) is amended in the matter preceding paragraph (1) by
striking ``5 airports'' and inserting ``10 airports''.
TITLE II--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL
MODERNIZATION
SEC. 201. <> DEFINITIONS.
In this title, the following definitions apply:
(1) Nextgen.--The term ``NextGen'' means the Next Generation
Air Transportation System.
(2) ADS-B.--The term ``ADS-B'' means automatic dependent
surveillance-broadcast.
(3) ADS-B Out.--The term ``ADS-B Out'' means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft.
(4) ADS-B In.--The term ``ADS-B In'' means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft as well as the ability of the aircraft to
receive information from other transmitting aircraft and the
ground infrastructure.
(5) RNAV.--The term ``RNAV'' means area navigation.
(6) RNP.--The term ``RNP'' means required navigation
performance.
SEC. 202. <> NEXTGEN DEMONSTRATIONS AND
CONCEPTS.
In allocating amounts appropriated pursuant to section 48101(a) of
title 49, United States Code, the Secretary of Transportation shall give
priority to the following NextGen activities:
(1) Next Generation Transportation System--Demonstrations
and Infrastructure Development.
(2) Next Generation Transportation System--Trajectory Based
Operations.
(3) Next Generation Transportation System--Reduce Weather
Impact.
(4) Next Generation Transportation System--Arrivals/
Departures at High Density Airports.
(5) Next Generation Transportation System--Collaborative
ATM.
(6) Next Generation Transportation System--Flexible
Terminals and Airports.
(7) Next Generation Transportation System--Safety, Security,
and Environment.
[[Page 37]]
(8) Next Generation Transportation System--Systems Network
Facilities.
(9) Center for Advanced Aviation System Development.
(10) Next Generation Transportation System--System
Development.
(11) Data Communications in support of Next Generation Air
Transportation System.
(12) ADS-B NAS-Wide Implementation.
(13) System-Wide Information Management.
(14) Next Generation Transportation System--Facility
Consolidation and Realignment.
(15) En Route Modernization--D-Position Upgrade and System
Enhancements.
(16) National Airspace System Voice System.
(17) Next Generation Network Enabled Weather.
(18) NextGen Performance Based Navigation Metroplex Area
Navigation/Required Navigation Performance.
SEC. 203. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE
AGREEMENTS.
Section 106(m) is amended in the last sentence by inserting ``with
or'' before ``without reimbursement''.
SEC. 204. CHIEF NEXTGEN OFFICER.
Section 106 is amended by adding at the end the following:
``(s) Chief NextGen Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief NextGen
Officer appointed by the Administrator, with the
approval of the Secretary. The Chief NextGen Officer
shall report directly to the Administrator and shall be
subject to the authority of the Administrator.
``(B) Qualifications.--The Chief NextGen Officer
shall have a demonstrated ability in management and
knowledge of or experience in aviation and systems
engineering.
``(C) Term.--The Chief NextGen Officer shall be
appointed for a term of 5 years.
``(D) Removal.--The Chief NextGen Officer shall
serve at the pleasure of the Administrator, except that
the Administrator shall make every effort to ensure
stability and continuity in the leadership of the
implementation of NextGen.
``(E) Vacancy.--Any individual appointed to fill a
vacancy in the position of Chief NextGen Officer
occurring before the expiration of the term for which
the individual's predecessor was appointed shall be
appointed for the remainder of that term.
``(2) Compensation.--
``(A) <> In general.--The
Chief NextGen Officer shall be paid at an annual rate of
basic pay to be determined by the Administrator. The
annual rate may not exceed the annual compensation paid
under section 102 of title 3. The Chief NextGen Officer
shall be subject to the postemployment provisions of
section 207 of title 18 as if the position of Chief
NextGen Officer were described in section
207(c)(2)(A)(i) of that title.
``(B) Bonus.--In addition to the annual rate of
basic pay authorized by subparagraph (A), the Chief
NextGen
[[Page 38]]
Officer may receive a bonus for any calendar year not to
exceed 30 percent of the annual rate of basic pay, based
upon the Administrator's evaluation of the Chief NextGen
Officer's performance in relation to the performance
goals set forth in the performance agreement described
in paragraph (3).
``(3) Annual performance agreement.--The Administrator and
the Chief NextGen Officer, in consultation with the Federal
Aviation Management Advisory Council, shall enter into an annual
performance agreement that sets forth measurable organization
and individual goals for the Chief NextGen Officer in key
operational areas. The agreement shall be subject to review and
renegotiation on an annual basis.
``(4) Annual performance report.--The Chief NextGen Officer
shall prepare and transmit to the Secretary of Transportation,
the Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate an annual
management report containing such information as may be
prescribed by the Secretary.
``(5) Responsibilities.--The responsibilities of the Chief
NextGen Officer include the following:
``(A) Implementing NextGen activities and budgets
across all program offices of the Federal Aviation
Administration.
``(B) Coordinating the implementation of NextGen
activities with the Office of Management and Budget.
``(C) Reviewing and providing advice on the
Administration's modernization programs, budget, and
cost accounting system with respect to NextGen.
``(D) With respect to the budget of the
Administration--
``(i) developing a budget request of the
Administration related to the implementation of
NextGen;
``(ii) submitting such budget request to the
Administrator; and
``(iii) ensuring that the budget request
supports the annual and long-range strategic plans
of the Administration with respect to NextGen.
``(E) Consulting with the Administrator on the
Capital Investment Plan of the Administration prior to
its submission to Congress.
``(F) Developing an annual NextGen implementation
plan.
``(G) Ensuring that NextGen implementation
activities are planned in such a manner as to require
that system architecture is designed to allow for the
incorporation of novel and currently unknown
technologies into NextGen in the future and that current
decisions do not bias future decisions unfairly in favor
of existing technology at the expense of innovation.
``(H) Coordinating with the NextGen Joint Planning
and Development Office with respect to facilitating
cooperation among all Federal agencies whose operations
and interests are affected by the implementation of
NextGen.
``(6) Exception.--If the Administrator appoints as the Chief
NextGen Officer, pursuant to paragraph (1)(A), an Executive
[[Page 39]]
Schedule employee covered by section 5315 of title 5, then
paragraphs (1)(B), (1)(C), (2), and (3) of this subsection shall
not apply to such employee.
``(7) Nextgen defined.--For purposes of this subsection, the
term `NextGen' means the Next Generation Air Transportation
System.''.
SEC. 205. DEFINITION OF AIR NAVIGATION FACILITY.
Section 40102(a)(4) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
(2) by striking subparagraphs (B) and (C); and
(3) by inserting after subparagraph (A) the following:
``(B) runway lighting and airport surface visual and
other navigation aids;
``(C) apparatus, equipment, software, or service for
distributing aeronautical and meteorological information
to air traffic control facilities or aircraft;
``(D) communication, navigation, or surveillance
equipment for air-to-ground or air-to-air
applications;'';
(4) in subparagraph (E) (as redesignated by paragraph (1) of
this section)--
(A) by striking ``another structure'' and inserting
``any structure, equipment,''; and
(B) by striking the period at the end and inserting
``; and''; and
(5) by adding at the end the following:
``(F) buildings, equipment, and systems dedicated to
the national airspace system.''.
SEC. 206. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.
Section 40110(c) is amended--
(1) by inserting ``and'' after the semicolon in paragraph
(3);
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
SEC. 207. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.
Section 40113(e) is amended--
(1) in paragraph (1)--
(A) by inserting ``(whether public or private)''
after ``authorities''; and
(B) by striking ``safety.'' and inserting ``safety
or efficiency. The Administrator is authorized to
participate in, and submit offers in response to,
competitions to provide these services, and to contract
with foreign aviation authorities to provide these
services consistent with section 106(l)(6).'';
(2) in paragraph (2) by adding at the end the following:
``The Administrator is authorized, notwithstanding any other
provision of law or policy, to accept payments for services
provided under this subsection in arrears.''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Crediting appropriations.--Funds received by the
Administrator pursuant to this section shall--
``(A) be credited to the appropriation current when
the amount is received;
[[Page 40]]
``(B) be merged with and available for the purposes
of such appropriation; and
``(C) remain available until expended.''.
SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING
AND DEVELOPMENT OFFICE.
(a) <> Redesignation of JPDO Director to
Associate Administrator.--
(1) Associate administrator for next generation air
transportation system planning, development, and interagency
coordination.--Section 709(a) of the Vision 100--Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat.
2582) is amended--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) <> The head of the Office shall be the
Associate Administrator for Next Generation Air Transportation System
Planning, Development, and Interagency Coordination, who shall be
appointed by the Administrator of the Federal Aviation Administration,
with the approval of the Secretary. <> The
Administrator shall appoint the Associate Administrator after consulting
with the Chairman of the Next Generation Senior Policy Committee and
providing advanced notice to the other members of that Committee.''.
(2) Responsibilities.--Section 709(a)(3) of such Act (as
redesignated by paragraph (1) of this subsection) is amended--
(A) in subparagraph (G) by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (H) by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(I) establishing specific quantitative goals for the
safety, capacity, efficiency, performance, and environmental
impacts of each phase of Next Generation Air Transportation
System planning and development activities and measuring actual
operational experience against those goals, taking into account
noise pollution reduction concerns of affected communities to
the extent practicable in establishing the environmental goals;
``(J) working to ensure global interoperability of the Next
Generation Air Transportation System;
``(K) working to ensure the use of weather information and
space weather information in the Next Generation Air
Transportation System as soon as possible;
``(L) overseeing, with the Administrator and in consultation
with the Chief NextGen Officer, the selection of products or
outcomes of research and development activities that should be
moved to a demonstration phase; and
``(M) maintaining a baseline modeling and simulation
environment for testing and evaluating alternative concepts to
satisfy Next Generation Air Transportation System enterprise
architecture requirements.''.
(3) Cooperation with other federal agencies.--Section
709(a)(4) of such Act (as redesignated by paragraph (1) of this
subsection) is amended--
(A) by striking ``(4)'' and inserting ``(4)(A)'';
and
(B) by adding at the end the following:
[[Page 41]]
``(B) <> The Secretary of Defense, the
Administrator of the National Aeronautics and Space Administration, the
Secretary of Commerce, the Secretary of Homeland Security, and the head
of any other Federal agency from which the Secretary of Transportation
requests assistance under subparagraph (A) shall designate a senior
official in the agency to be responsible for--
``(i) carrying out the activities of the agency relating to
the Next Generation Air Transportation System in coordination
with the Office, including the execution of all aspects of the
work of the agency in developing and implementing the integrated
work plan described in subsection (b)(5);
``(ii) serving as a liaison for the agency in activities of
the agency relating to the Next Generation Air Transportation
System and coordinating with other Federal agencies involved in
activities relating to the System; and
``(iii) ensuring that the agency meets its obligations as
set forth in any memorandum of understanding executed by or on
behalf of the agency relating to the Next Generation Air
Transportation System.
``(C) The head of a Federal agency referred to in subparagraph (B)
shall--
``(i) ensure that the responsibilities of the agency
relating to the Next Generation Air Transportation System are
clearly communicated to the senior official of the agency
designated under subparagraph (B);
``(ii) ensure that the performance of the senior official in
carrying out the responsibilities of the agency relating to the
Next Generation Air Transportation System is reflected in the
official's annual performance evaluations and compensation;
``(iii) <> establish or designate an
office within the agency to carry out its responsibilities under
the memorandum of understanding under the supervision of the
designated official; and
``(iv) ensure that the designated official has sufficient
budgetary authority and staff resources to carry out the
agency's Next Generation Air Transportation System
responsibilities as set forth in the integrated plan under
subsection (b).
``(D) <> Not later than 6 months after
the date of enactment of this subparagraph, the head of each Federal
agency that has responsibility for carrying out any activity under the
integrated plan under subsection (b) shall execute a memorandum of
understanding with the Office obligating that agency to carry out the
activity.''.
(4) Coordination with omb.--Section 709(a) of such Act (117
Stat. 2582) is further amended by adding at the end the
following:
``(6)(A) The Office shall work with the Director of the Office of
Management and Budget to develop a process whereby the Director will
identify projects related to the Next Generation Air Transportation
System across the agencies referred to in paragraph (4)(A) and consider
the Next Generation Air Transportation System as a unified, cross-agency
program.
``(B) The Director of the Office of Management and Budget, to the
extent practicable, shall--
``(i) ensure that--
[[Page 42]]
``(I) each Federal agency covered by the plan has
sufficient funds requested in the President's budget, as
submitted under section 1105(a) of title 31, United
States Code, for each fiscal year covered by the plan to
carry out its responsibilities under the plan; and
``(II) the development and implementation of the
Next Generation Air Transportation System remains on
schedule;
``(ii) include, in the President's budget, a statement of
the portion of the estimated budget of each Federal agency
covered by the plan that relates to the activities of the agency
under the Next Generation Air Transportation System; and
``(iii) identify and justify as part of the President's
budget submission any inconsistencies between the plan and
amounts requested in the budget.
``(7) The Associate Administrator for Next Generation Air
Transportation System Planning, Development, and Interagency
Coordination shall be a voting member of the Joint Resources Council of
the Federal Aviation Administration.''.
(b) Integrated Plan.--Section 709(b) of such Act (117 Stat.
2583) <> is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``meets air'' and inserting ``meets
anticipated future air''; and
(B) by striking ``beyond those currently included in
the Federal Aviation Administration's operational
evolution plan'';
(2) at the end of paragraph (3) by striking ``and'';
(3) at the end of paragraph (4) by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) a multiagency integrated work plan for the Next
Generation Air Transportation System that includes--
``(A) an outline of the activities required to
achieve the end-state architecture, as expressed in the
concept of operations and enterprise architecture
documents, that identifies each Federal agency or other
entity responsible for each activity in the outline;
``(B) details on a year-by-year basis of specific
accomplishments, activities, research requirements,
rulemakings, policy decisions, and other milestones of
progress for each Federal agency or entity conducting
activities relating to the Next Generation Air
Transportation System;
``(C) for each element of the Next Generation Air
Transportation System, an outline, on a year-by-year
basis, of what is to be accomplished in that year toward
meeting the Next Generation Air Transportation System's
end-state architecture, as expressed in the concept of
operations and enterprise architecture documents, as
well as identifying each Federal agency or other entity
that will be responsible for each component of any
research, development, or implementation program;
``(D) an estimate of all necessary expenditures on a
year-by-year basis, including a statement of each
Federal agency or entity's responsibility for costs and
available resources, for each stage of development from
the basic
[[Page 43]]
research stage through the demonstration and
implementation phase;
``(E) a clear explanation of how each step in the
development of the Next Generation Air Transportation
System will lead to the following step and of the
implications of not successfully completing a step in
the time period described in the integrated work plan;
``(F) a transition plan for the implementation of
the Next Generation Air Transportation System that
includes date-specific milestones for the implementation
of new capabilities into the national airspace system;
``(G) date-specific timetables for meeting the
environmental goals identified in subsection (a)(3)(I);
and
``(H) a description of potentially significant
operational or workforce changes resulting from
deployment of the Next Generation Air Transportation
System.''.
(c) NextGen Implementation Plan.--Section 709(d) of such Act (117
Stat. 2584) <> is amended to read as follows:
``(d) NextGen Implementation Plan.--
<> The Administrator shall develop and
publish annually the document known as the NextGen Implementation Plan,
or any successor document, that provides a detailed description of how
the agency is implementing the Next Generation Air Transportation
System.''.
(d) <> Contingency Planning.--The
Associate Administrator for Next Generation Air Transportation System
Planning, Development, and Interagency Coordination shall, as part of
the design of the System, develop contingency plans for dealing with the
degradation of the System in the event of a natural disaster, major
equipment failure, or act of terrorism.
SEC. 209. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY
COMMITTEE.
(a) Meetings.--Section 710(a) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2584) is amended by
inserting before the period at the end the following ``and shall meet at
least twice each year''.
(b) Annual Report.--Section 710 of such Act <> (117 Stat. 2584) is amended by adding at the end the following:
``(e) Annual Report.--
``(1) Submission to congress.--Not later than 1 year after
the date of enactment of this subsection, and annually
thereafter on the date of submission of the President's budget
request to Congress under section 1105(a) of title 31, United
States Code, the Secretary shall submit to Congress a report
summarizing the progress made in carrying out the integrated
work plan required by section 709(b)(5) and any changes in that
plan.
``(2) Contents.--The report shall include--
``(A) a copy of the updated integrated work plan;
``(B) a description of the progress made in carrying
out the integrated work plan and any changes in that
plan, including any changes based on funding shortfalls
and limitations set by the Office of Management and
Budget;
``(C) a detailed description of--
``(i) the success or failure of each item of
the integrated work plan for the previous year and
relevant
[[Page 44]]
information as to why any milestone was not met;
and
``(ii) the impact of not meeting the milestone
and what actions will be taken in the future to
account for the failure to complete the milestone;
``(D) an explanation of any change to future years
in the integrated work plan and the reasons for such
change; and
``(E) an identification of the levels of funding for
each agency participating in the integrated work plan
devoted to programs and activities under the plan for
the previous fiscal year and in the President's budget
request.''.
SEC. 210. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.
Section 40110(a) is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) may construct and improve laboratories and other test
facilities; and
``(3) may dispose of any interest in property for adequate
compensation, and the amount so received shall--
``(A) be credited to the appropriation current when
the amount is received;
``(B) be merged with and available for the purposes
of such appropriation; and
``(C) remain available until expended.''.
SEC. 211. <> AUTOMATIC DEPENDENT
SURVEILLANCE-BROADCAST SERVICES.
(a) Review by DOT Inspector General.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct a review concerning the Federal
Aviation Administration's award and oversight of any contracts
entered into by the Administration to provide ADS-B services for
the national airspace system.
(2) Contents.--The review shall include, at a minimum--
(A) an examination of how the Administration manages
program risks;
(B) an assessment of expected benefits attributable
to the deployment of ADS-B services, including the
Administration's plans for implementation of advanced
operational procedures and air-to-air applications, as
well as the extent to which ground radar will be
retained;
(C) an assessment of the Administration's analysis
of specific operational benefits, and benefit/costs
analyses of planned operational benefits conducted by
the Administration, for ADS-B In and ADS-B Out avionics
equipage for airspace users;
(D) a determination of whether the Administration
has established sufficient mechanisms to ensure that all
design, acquisition, operation, and maintenance
requirements have been met by the contractor;
(E) an assessment of whether the Administration and
any contractors are meeting cost, schedule, and
performance milestones, as measured against the original
baseline of the Administration's program for providing
ADS-B services;
[[Page 45]]
(F) an assessment of how security issues are being
addressed in the overall design and implementation of
the ADS-B system;
(G) identification of any potential operational or
workforce changes resulting from deployment of ADS-B;
and
(H) any other matters or aspects relating to
contract implementation and oversight that the Inspector
General determines merit attention.
(3) Reports to congress.--The Inspector General shall
submit, periodically (and on at least an annual basis), to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
review conducted under this subsection.
(b) Rulemaking.--
(1) ADS-B In. <> --Not later than 1 year
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall initiate a rulemaking
proceeding to issue guidelines and regulations relating to ADS-B
In technology that--
(A) identify the ADS-B In technology that will be
required under NextGen;
(B) subject to paragraph (2), require all aircraft
operating in capacity constrained airspace, at capacity
constrained airports, or in any other airspace deemed
appropriate by the Administrator to be equipped with
ADS-B In technology by 2020; and
(C) identify--
(i) the type of avionics required of aircraft
for all classes of airspace;
(ii) the expected costs associated with the
avionics; and
(iii) the expected uses and benefits of the
avionics.
(2) Readiness verification.--Before the Administrator
completes an ADS-B In equipage rulemaking proceeding or issues
an interim or final rule pursuant to paragraph (1), the Chief
NextGen Officer shall verify that--
(A) the necessary ground infrastructure is installed
and functioning properly;
(B) certification standards have been approved; and
(C) appropriate operational platforms interface
safely and efficiently.
(c) Use of ADS-B Technology.--
(1) Plans. <> --Not later than 18 months
after the date of enactment of this Act, the Administrator shall
develop, in consultation with appropriate employee and industry
groups, a plan for the use of ADS-B technology for surveillance
and active air traffic control.
(2) Contents.--The plan shall--
(A) include provisions to test the use of ADS-B
technology for surveillance and active air traffic
control in specific regions of the United States with
the most congested airspace;
(B) identify the equipment required at air traffic
control facilities and the training required for air
traffic controllers;
[[Page 46]]
(C) identify procedures, to be developed in
consultation with appropriate employee and industry
groups, to conduct air traffic management in mixed
equipage environments; and
(D) establish a policy in test regions referred to
in subparagraph (A), in consultation with appropriate
employee and industry groups, to provide incentives for
equipage with ADS-B technology, including giving
priority to aircraft equipped with such technology
before the 2020 equipage deadline.
SEC. 212. <> EXPERT REVIEW OF ENTERPRISE
ARCHITECTURE FOR NEXTGEN.
(a) Review.--The Administrator of the Federal Aviation
Administration shall enter into an arrangement with the National
Research Council to review the enterprise architecture for the NextGen.
(b) Contents.--At a minimum, the review to be conducted under
subsection (a) shall--
(1) highlight the technical activities, including human-
system design, organizational design, and other safety and human
factor aspects of the system, that will be necessary to
successfully transition current and planned modernization
programs to the future system envisioned by the Joint Planning
and Development Office of the Administration;
(2) assess technical, cost, and schedule risk for the
software development that will be necessary to achieve the
expected benefits from a highly automated air traffic management
system and the implications for ongoing modernization projects;
and
(3) determine how risks with automation efforts for the
NextGen can be mitigated based on the experiences of other
public or private entities in developing complex, software-
intensive systems.
(c) 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 containing the results of the review conducted pursuant to
subsection (a).
SEC. 213. <> ACCELERATION OF NEXTGEN
TECHNOLOGIES.
(a) Operational Evolution Partnership (OEP) Airport Procedures.--
(1) OEP airports report. <> --Not later
than 6 months after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
publish a report, after consultation with representatives of
appropriate Administration employee groups, airport operators,
air carriers, general aviation representatives, aircraft and
avionics manufacturers, and third parties that have received
letters of qualification from the Administration to design and
validate required navigation performance flight paths for public
use (in this section referred to as ``qualified third parties'')
that includes the following:
(A) RNP/RNAV operations for oep airports.--The
required navigation performance and area navigation
operations, including the procedures to be developed,
certified, and published and the air traffic control
operational
[[Page 47]]
changes, to maximize the fuel efficiency and airspace
capacity of NextGen commercial operations at each of the
35 operational evolution partnership airports identified
by the Administration and any medium or small hub
airport located within the same metroplex area
considered appropriate by the Administrator. The
Administrator shall, to the maximum extent practicable,
avoid overlays of existing flight procedures, but if
unavoidable, the Administrator shall clearly identify
each required navigation performance and area navigation
procedure that is an overlay of an existing instrument
flight procedure and the reason why such an overlay was
used.
(B) Coordination and implementation activities for
oep airports.--A description of the activities and
operational changes and approvals required to coordinate
and utilize the procedures at OEP airports.
(C) Implementation plan for oep airports.--A plan
for implementing the procedures for OEP airports under
subparagraph (A) that establishes--
(i) clearly defined budget, schedule, project
organization, and leadership requirements;
(ii) specific implementation and transition
steps;
(iii) baseline and performance metrics for--
(I) measuring the Administration's
progress in implementing the plan,
including the percentage utilization of
required navigation performance in the
national airspace system; and
(II) achieving measurable fuel burn
and carbon dioxide emissions reductions
compared to current performance;
(iv) expedited environmental review procedures
and processes for timely environmental approval of
area navigation and required navigation
performance that offer significant efficiency
improvements as determined by baseline and
performance metrics under clause (iii);
(v) coordination and communication mechanisms
with qualified third parties, if applicable;
(vi) plans to address human factors, training,
and other issues for air traffic controllers
surrounding the adoption of RNP procedures in the
en route and terminal environments, including in a
mixed operational environment; and
(vii) a lifecycle management strategy for RNP
procedures to be developed by qualified third
parties, if applicable.
(D) Additional procedures for oep airports.--A
process for the identification, certification, and
publication of additional required navigation
performance and area navigation procedures that may
provide operational benefits at OEP airports, and any
medium or small hub airport located within the same
metroplex area as the OEP airport, in the future.
(2) <> Implementati
on schedule for oep airports.--The Administrator shall certify,
publish, and implement--
[[Page 48]]
(A) not later than 18 months after the date of
enactment of this Act, 30 percent of the required
procedures at OEP airports;
(B) not later than 36 months after the date of
enactment of this Act, 60 percent of the required
procedures at OEP airports; and
(C) before June 30, 2015, 100 percent of the
required procedures at OEP airports.
(b) Non-OEP Airports.--
(1) Non-OEP airports report. <> --Not
later than 6 months after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
publish a report, after consultation with representatives of
appropriate Administration employee groups, airport operators,
air carriers, general aviation representatives, aircraft and
avionics manufacturers, and third parties that have received
letters of qualification from the Administration to design and
validate required navigation performance flight paths for public
use (in this section referred to as ``qualified third parties'')
that includes the following:
(A) <> RNP
operations for non-oep airports.--A list of required
navigation performance procedures (as defined in FAA
order 8260.52(d)) to be developed, certified, and
published, and the air traffic control operational
changes, to maximize the fuel efficiency and airspace
capacity of NextGen commercial operations at 35 non-OEP
small, medium, and large hub airports other than those
referred to in subsection (a)(1). The Administrator
shall choose such non-OEP airports considered
appropriate by the Administrator to produce maximum
operational benefits, including improved fuel efficiency
and emissions reductions that do not have public RNP
procedures that produce such benefits on the date of
enactment of this Act. The Administrator shall, to the
maximum extent practicable, avoid overlays of existing
flight procedures, but if unavoidable, the Administrator
shall clearly identify each required navigation
performance procedure that is an overlay of an existing
instrument flight procedure and the reason why such an
overlay was used.
(B) Coordination and implementation activities for
non-oep airports.--A description of the activities and
operational changes and approvals required to coordinate
and to utilize the procedures required by subparagraph
(A) at each of the airports described in such
subparagraph.
(C) Implementation plan for non-oep airports.--A
plan for implementation of the procedures required by
subparagraph (A) that establishes--
(i) clearly defined budget, schedule, project
organization, and leadership requirements;
(ii) specific implementation and transition
steps;
(iii) coordination and communications
mechanisms with qualified third parties;
(iv) plans to address human factors, training,
and other issues for air traffic controllers
surrounding the adoption of RNP procedures in the
en route and terminal environments, including in a
mixed operational environment;
[[Page 49]]
(v) baseline and performance metrics for--
(I) measuring the Administration's
progress in implementing the plan,
including the percentage utilization of
required navigation performance in the
national airspace system; and
(II) achieving measurable fuel burn
and carbon dioxide emissions reduction
compared to current performance;
(vi) expedited environmental review procedures
and processes for timely environmental approval of
area navigation and required navigation
performance that offer significant efficiency
improvements as determined by baseline and
performance metrics established under clause (v);
(vii) a description of the software and
database information, such as a current version of
the Noise Integrated Routing System or the
Integrated Noise Model that the Administration
will need to make available to qualified third
parties to enable those third parties to design
procedures that will meet the broad range of
requirements of the Administration; and
(viii) lifecycle management strategy for RNP
procedures to be developed by qualified third
parties, if applicable.
(D) Additional procedures for non-oep airports.--A
process for the identification, certification, and
publication of additional required navigation
performance procedures that may provide operational
benefits at non-OEP airports in the future.
(2) <> Implementati
on schedule for non-oep airports.--The Administrator shall
certify, publish, and implement--
(A) not later than 18 months after the date of
enactment of this Act, 25 percent of the required
procedures for non-OEP airports;
(B) not later than 36 months after the date of
enactment of this Act, 50 percent of the required
procedures for non-OEP airports; and
(C) before June 30, 2016, 100 percent of the
required procedures for non-OEP airports.
(c) Coordinated and Expedited Review.--
(1) In general. <> --Navigation
performance and area navigation procedures developed, certified,
published, or implemented under this section shall be presumed
to be covered by a categorical exclusion (as defined in section
1508.4 of title 40, Code of Federal Regulations) under chapter 3
of FAA Order 1050.1E unless the Administrator determines that
extraordinary circumstances exist with respect to the procedure.
(2) Nextgen procedures.--Any navigation performance or other
performance based navigation procedure developed, certified,
published, or implemented that, in the determination of the
Administrator, would result in measurable reductions in fuel
consumption, carbon dioxide emissions, and noise, on a per
flight basis, as compared to aircraft operations that follow
existing instrument flight rules procedures in the same
airspace, shall be presumed to have no significant affect on the
quality of the human environment and the Administrator
[[Page 50]]
shall issue and file a categorical exclusion for the new
procedure.
(d) Deployment Plan for Nationwide Data Communications
System. <> --Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
plan for implementation of a nationwide data communications system. The
plan shall include--
(1) clearly defined budget, schedule, project organization,
and leadership requirements;
(2) specific implementation and transition steps; and
(3) baseline and performance metrics for measuring the
Administration's progress in implementing the plan.
(e) Improved Performance Standards.--
(1) Assessment of work being performed under nextgen
implementation plan.--The Administrator shall clearly outline in
the NextGen Implementation Plan document of the Administration
the work being performed under the plan to determine--
(A) whether utilization of ADS-B, RNP, and other
technologies as part of NextGen implementation will
display the position of aircraft more accurately and
frequently to enable a more efficient use of existing
airspace and result in reduced consumption of aviation
fuel and aircraft engine emissions; and
(B) the feasibility of reducing aircraft separation
standards in a safe manner as a result of the
implementation of such technologies.
(2) Aircraft separation standards.--If the Administrator
determines that the standards referred to in paragraph (1)(B)
can be reduced safely, the Administrator shall include in the
NextGen Implementation Plan a timetable for implementation of
such reduced standards.
(f) Third-Party Usage.--The Administration shall establish a program
under which the Administrator is authorized to use qualified third
parties in the development, testing, and maintenance of flight
procedures.
SEC. 214. <> PERFORMANCE METRICS.
(a) In General. <> --Not later than 180 days after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish and begin tracking national
airspace system performance metrics, including, at a minimum, metrics
with respect to--
(1) actual arrival and departure rates per hour measured
against the currently published aircraft arrival rate and
aircraft departure rate for the 35 operational evolution
partnership airports;
(2) average gate-to-gate times;
(3) fuel burned between key city pairs;
(4) operations using the advanced navigation procedures,
including performance based navigation procedures;
(5) the average distance flown between key city pairs;
(6) the time between pushing back from the gate and taking
off;
(7) continuous climb or descent;
[[Page 51]]
(8) average gate arrival delay for all arrivals;
(9) flown versus filed flight times for key city pairs;
(10) implementation of NextGen Implementation Plan, or any
successor document, capabilities designed to reduce emissions
and fuel consumption;
(11) the Administration's unit cost of providing air traffic
control services; and
(12) runway safety, including runway incursions, operational
errors, and loss of standard separation events.
(b) Baselines.--The Administrator, in consultation with aviation
industry stakeholders, shall identify baselines for each of the metrics
established under subsection (a) and appropriate methods to measure
deviations from the baselines.
(c) Publication. <> --The
Administrator shall make data obtained under subsection (a) available to
the public in a searchable, sortable, and downloadable format through
the Web site of the Administration and other appropriate media.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that contains--
(1) a description of the metrics that will be used to
measure the Administration's progress in implementing NextGen
capabilities and operational results;
(2) information on any additional metrics developed; and
(3) a process for holding the Administration accountable for
meeting or exceeding the metrics baselines identified in
subsection (b).
SEC. 215. <> CERTIFICATION STANDARDS AND
RESOURCES.
(a) Process for Certification. <> --Not later
than 180 days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration shall develop a plan to
accelerate and streamline the process for certification of NextGen
technologies, including--
(1) establishment of updated project plans and timelines;
(2) identification of the specific activities needed to
certify NextGen technologies, including the establishment of
NextGen technical requirements for the manufacture of equipage,
installation of equipage, airline operational procedures, pilot
training standards, air traffic control procedures, and air
traffic controller training;
(3) identification of staffing requirements for the Air
Certification Service and the Flight Standards Service, taking
into consideration the leveraging of assistance from third
parties and designees;
(4) establishment of a program under which the
Administration will use third parties in the certification
process; and
(5) establishment of performance metrics to measure the
Administration's progress.
(b) Certification Integrity.--The Administrator shall ensure that
equipment, systems, or services used in the national airspace system
meet appropriate certification requirements regardless of whether the
equipment, system, or service is publically or privately owned.
[[Page 52]]
SEC. 216. <> SURFACE SYSTEMS
ACCELERATION.
(a) In General.--The Chief Operating Officer of the Air Traffic
Organization shall--
(1) <> evaluate the Airport Surface
Detection Equipment-Model X program for its potential
contribution to implementation of the NextGen initiative;
(2) evaluate airport surveillance technologies and
associated collaborative surface management software for
potential contributions to implementation of NextGen surface
management;
(3) accelerate implementation of the program referred to in
paragraph (1); and
(4) carry out such additional duties as the Administrator of
the Federal Aviation Administration may require.
(b) Expedited Certification and Utilization.--The Administrator
shall--
(1) consider options for expediting the certification of
Ground-Based Augmentation System technology; and
(2) <> develop a plan to utilize such
a system at the 35 operational evolution partnership airports by
December 31, 2012.
SEC. 217. <> INCLUSION OF STAKEHOLDERS
IN AIR TRAFFIC CONTROL MODERNIZATION
PROJECTS.
(a) Process for Employee Inclusion.--Notwithstanding any other law
or agreement, the Administrator of the Federal Aviation Administration
shall establish a process or processes for including qualified employees
selected by each exclusive collective bargaining representative of
employees of the Administration impacted by the air traffic control
modernization process to serve in a collaborative and expert capacity in
the planning and development of air traffic control modernization
projects, including NextGen.
(b) Adherence to Deadlines.--Participants in these processes shall
adhere, to the greatest extent possible, to all deadlines and milestones
established pursuant to this title.
(c) No Change in Employee Status.--Participation in these processes
by an employee shall not--
(1) serve as a waiver of any bargaining obligations or
rights;
(2) entitle the employee to any additional compensation or
benefits with the exception of a per diem, if appropriate; or
(3) entitle the employee to prevent or unduly delay the
exercise of management prerogatives.
(d) Working Groups.--Except in extraordinary circumstances, the
Administrator shall not pay overtime related to work group
participation.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the implementation of this section.
SEC. 218. <> AIRSPACE REDESIGN.
(a) Findings.--Congress finds the following:
(1) The airspace redesign efforts of the Federal Aviation
Administration will play a critical near-term role in enhancing
[[Page 53]]
capacity, reducing delays, transitioning to more flexible
routing, and ultimately saving money in fuel costs for airlines
and airspace users.
(2) The critical importance of airspace redesign efforts is
underscored by the fact that they are highlighted in strategic
plans of the Administration, including Flight Plan 2009-2013 and
the NextGen Implementation Plan.
(3) Funding cuts have led to delays and deferrals of
critical capacity enhancing airspace redesign efforts.
(4) New runways planned for the period of fiscal years 2011
and 2012 will not provide estimated capacity benefits without
additional funds.
(b) Noise Impacts of New York/New Jersey/Philadelphia Metropolitan
Area Airspace Redesign.--
(1) Monitoring.--The Administrator of the Federal Aviation
Administration, in conjunction with the Port Authority of New
York and New Jersey and the Philadelphia International Airport,
shall monitor the noise impacts of the New York/New Jersey/
Philadelphia Metropolitan Area Airspace Redesign.
(2) Report.--Not later than 1 year following the first day
of completion of the New York/New Jersey/Philadelphia
Metropolitan Area Airspace Redesign, the Administrator shall
submit to Congress a report on the findings of the Administrator
with respect to monitoring conducted under paragraph (1).
SEC. 219. <> STUDY ON FEASIBILITY OF
DEVELOPMENT OF A PUBLIC INTERNET WEB-BASED
RESOURCE ON LOCATIONS OF POTENTIAL
AVIATION OBSTRUCTIONS.
(a) Study.--The Administrator of the Federal Aviation Administration
shall carry out a study on the feasibility of developing a publicly
searchable, Internet Web-based resource that provides information
regarding the height and latitudinal and longitudinal locations of guy-
wire and free-standing tower obstructions.
(b) <> Considerations.--In conducting the
study, the Administrator shall consult with affected industries and
appropriate Federal agencies.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit a report to the appropriate
committees of Congress on the results of the study.
SEC. 220. <> NEXTGEN RESEARCH AND
DEVELOPMENT CENTER OF EXCELLENCE.
(a) In General.--The Administrator of the Federal Aviation
Administration may enter into an agreement, on a competitive basis, to
assist in the establishment of a center of excellence for the research
and development of NextGen technologies.
(b) Functions.--The Administrator shall ensure that the center
established under subsection (a)--
(1) leverages resources and partnerships, including
appropriate programs of the Administration, to enhance the
research and development of NextGen technologies by academia and
industry; and
(2) provides educational, technical, and analytical
assistance to the Administration and other Federal departments
and agencies with responsibilities to research and develop
NextGen technologies.
[[Page 54]]
SEC. 221. <> PUBLIC-PRIVATE
PARTNERSHIPS.
(a) In General.--The Secretary may establish an avionics equipage
incentive program for the purpose of equipping general aviation and
commercial aircraft with communications, surveillance, navigation, and
other avionics equipment as determined by the Secretary to be in the
interest of achieving NextGen capabilities for such aircraft.
(b) NextGen Public-Private Partnerships.--The incentive program
established under subsection (a) shall, at a minimum--
(1) be based on public-private partnership principles; and
(2) leverage and maximize the use of private sector capital.
(c) Financial Instruments.--Subject to the availability of
appropriated funds, the Secretary may use financial instruments to
facilitate public-private financing for the equipage of general aviation
and commercial aircraft registered under section 44103 of title 49,
United States Code. To the extent appropriations are not made available,
the Secretary may establish the program, provided the costs are covered
by the fees and premiums authorized by subsection
(d)(2). <> For purposes of this section, the term
``financial instruments'' means loan guarantees and other credit
assistance designed to leverage and maximize private sector capital.
(d) Protection of the Taxpayer.--
(1) Limitation on principal.--The amount of any guarantee
under this program shall be limited to 90 percent of the
principal amount of the underlying loan.
(2) <> Collateral, fees, and
premiums.--The Secretary shall require applicants for the
incentive program to post collateral and pay such fees and
premiums if feasible, as determined by the Secretary, to offset
costs to the Government of potential defaults, and agree to
performance measures that the Secretary considers necessary and
in the best interest of implementing the NextGen program.
(3) Use of funds.--Applications for this program shall be
limited to equipment that is installed on general aviation or
commercial aircraft and is necessary for communications,
surveillance, navigation, or other purposes determined by the
Secretary to be in the interests of achieving NextGen
capabilities for commercial and general aviation.
(e) Termination of Authority.--The authority of the Secretary to
issue such financial instruments under this section shall terminate 5
years after the date of the establishment of the incentive program.
SEC. 222. <> OPERATIONAL INCENTIVES.
(a) In General. <> --The Administrator of the
Federal Aviation Administration shall issue a report that--
(1) identifies incentive options to encourage the equipage
of aircraft with NextGen technologies, including a policy that
gives priority to aircraft equipped with ADS-B technology;
(2) identifies the costs and benefits of each option; and
(3) includes input from industry stakeholders, including
passenger and cargo air carriers, aerospace manufacturers, and
general aviation aircraft operators.
(b) Deadline.--The Administrator shall issue the report before the
earlier of--
(1) the date that is 6 months after the date of enactment of
this Act; or
[[Page 55]]
(2) the date on which aircraft are required to be equipped
with ADS-B technology pursuant to the rulemaking under section
211(b).
SEC. 223. <> EDUCATIONAL REQUIREMENTS.
<> The Administrator of the Federal Aviation
Administration shall make payments to the Department of Defense for the
education of dependent children of those Administration employees in
Puerto Rico and Guam as they are subject to transfer by policy and
practice and meet the eligibility requirements of section 2164(c) of
title 10, United States Code.
SEC. 224. <> AIR TRAFFIC CONTROLLER
STAFFING INITIATIVES AND ANALYSIS.
<> As soon as practicable, and not later than 1
year after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall--
(1) ensure, to the extent practicable, a sufficient number
of contract instructors, classroom space (including off-site
locations as needed), and simulators to allow for an increase in
the number of air traffic controllers at air traffic control
facilities;
(2) distribute, to the extent practicable, the placement of
certified professional air traffic controllers-in-training and
developmental air traffic controllers at facilities evenly
across the calendar year in order to avoid training bottlenecks;
(3) initiate an analysis, to be conducted in consultation
with the exclusive bargaining representative of air traffic
controllers certified under section 7111 of title 5, United
States Code, of scheduling processes and practices, including
overtime scheduling practices at those facilities;
(4) provide, to the extent practicable and where
appropriate, priority to certified professional air traffic
controllers-in-training when filling staffing vacancies at
facilities;
(5) <> assess training programs at air
traffic control facilities with below-average success rates to
determine if training is being carried out in accordance with
Administration standards, and conduct exit interview analyses
with all candidates to determine potential weaknesses in
training protocols, or in the execution of such training
protocols; and
(6) prioritize, to the extent practicable, such efforts to
address the recommendations for the facilities identified in the
Department of Transportation's Office of the Inspector General
Report Number: AV-2009-047.
SEC. 225. <> REPORTS ON STATUS OF
GREENER SKIES PROJECT.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall submit to Congress a report on the strategy of the
Administrator for implementing, on an accelerated basis, the NextGen
operational capabilities produced by the Greener Skies project, as
recommended in the final report of the RTCA NextGen Mid-Term
Implementation Task Force that was issued on September 9, 2009.
(b) Subsequent Reports.--
(1) In general.--Not later than 180 days after the
Administrator submits to Congress the report required by
subsection (a) and annually thereafter until the pilot program
[[Page 56]]
terminates, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and to the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the progress of the Administrator in
carrying out the strategy described in the report submitted
under subsection (a).
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) A timeline for full implementation of the
strategy described in the report submitted under
subsection (a).
(B) A description of the progress made in carrying
out such strategy.
(C) A description of the challenges, if any,
encountered by the Administrator in carrying out such
strategy.
TITLE III--SAFETY
Subtitle A--General Provisions
SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.
(a) Judicial Review of NTSB Decisions.--Section 44703(d) is amended
by adding at the end the following:
``(3) A person who is substantially affected by an order of the
Board under this subsection, or the Administrator if the Administrator
decides that an order of the Board will have a significant adverse
impact on carrying out this subtitle, may seek judicial review of the
order under section 46110. The Administrator shall be made a party to
the judicial review proceedings. The findings of fact of the Board in
any such case are conclusive if supported by substantial evidence.''.
(b) Conforming Amendment.--Section 1153(c) is amended by striking
``section 44709 or'' and inserting ``section 44703(d), 44709, or''.
SEC. 302. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES
AND SUPPLEMENTAL TYPE CERTIFICATES.
Section 44704(a) is amended by adding at the end the following:
``(5) Release of data.--
``(A) <> In general.--
Notwithstanding any other provision of law, the
Administrator may make available upon request, to a
person seeking to maintain the airworthiness or develop
product improvements of an aircraft, engine, propeller,
or appliance, engineering data in the possession of the
Administration relating to a type certificate or a
supplemental type certificate for such aircraft, engine,
propeller, or appliance, without the consent of the
owner of record, if the Administrator determines that--
``(i) the certificate containing the requested
data has been inactive for 3 or more years, except
that the Administrator may reduce this time if
required to address an unsafe condition associated
with the product;
``(ii) after using due diligence, the
Administrator is unable to find the owner of
record, or the owner of record's heir, of the type
certificate or supplemental type certificate; and
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``(iii) making such data available will
enhance aviation safety.
``(B) Engineering data defined.--In this section,
the term `engineering data' as used with respect to an
aircraft, engine, propeller, or appliance means type
design drawing and specifications for the entire
aircraft, engine, propeller, or appliance or change to
the aircraft, engine, propeller, or appliance, including
the original design data, and any associated supplier
data for individual parts or components approved as part
of the particular certificate for the aircraft, engine,
propeller, or appliance.
``(C) Requirement to maintain data. <> --The Administrator shall maintain engineering
data in the possession of the Administration relating to
a type certificate or a supplemental type certificate
that has been inactive for 3 or more years.''.
SEC. 303. DESIGN AND PRODUCTION ORGANIZATION CERTIFICATES.
(a) In General.--Section 44704(e) is amended to read as follows:
``(e) Design and Production Organization Certificates.--
``(1) <> Issuance.--Beginning January
1, 2013, the Administrator may issue a certificate to a design
organization, production organization, or design and production
organization to authorize the organization to certify compliance
of aircraft, aircraft engines, propellers, and appliances with
the requirements and minimum standards prescribed under section
44701(a). An organization holding a certificate issued under
this subsection shall be known as a certified design and
production organization (in this subsection referred to as a
`CDPO').
``(2) <> Applications.--On receiving an
application for a CDPO certificate, the Administrator shall
examine and rate the organization submitting the application, in
accordance with regulations to be prescribed by the
Administrator, to determine whether the organization has
adequate engineering, design, and production capabilities,
standards, and safeguards to make certifications of compliance
as described in paragraph (1).
``(3) Issuance of certificates based on cdpo findings.--The
Administrator may rely on certifications of compliance by a CDPO
when making determinations under this section.
``(4) Public safety.--The Administrator shall include in a
CDPO certificate terms required in the interest of safety.
``(5) No effect on power of revocation.--Nothing in this
subsection affects the authority of the Secretary of
Transportation to revoke a certificate.''.
(b) Applicability. <> --Before
January 1, 2013, the Administrator of the Federal Aviation
Administration may continue to issue certificates under section 44704(e)
of title 49, United States Code, as in effect on the day before the date
of enactment of this Act.
(c) Clerical Amendments.--Chapter 447 is amended--
(1) in the heading for section 44704 by striking ``and
design organization certificates'' and inserting ``, and design
and production organization certificates''; and
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(2) in the analysis for such chapter by striking the item
relating to section 44704 and inserting the following:
``44704. Type certificates, production certificates, airworthiness
certificates, and design and production organization
certificates.''.
SEC. 304. CABIN CREW COMMUNICATION.
(a) In General.--Section 44728 is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Minimum Language Skills.--
``(1) In general.--No person may serve as a flight attendant
aboard an aircraft of an air carrier, unless that person has
demonstrated to an individual qualified to determine proficiency
the ability to read, speak, and write English well enough to--
``(A) read material written in English and
comprehend the information;
``(B) speak and understand English sufficiently to
provide direction to, and understand and answer
questions from, English-speaking individuals;
``(C) write incident reports and statements and log
entries and statements; and
``(D) carry out written and oral instructions
regarding the proper performance of their duties.
``(2) Foreign flights.--The requirements of paragraph (1) do
not apply to a flight attendant serving solely between points
outside the United States.''.
(b) <> Facilitation.--The Administrator of
the Federal Aviation Administration shall work with air carriers to
facilitate compliance with the requirements of section 44728(f) of title
49, United States Code (as amended by this section).
SEC. 305. LINE CHECK EVALUATIONS.
Section 44729(h) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 306. SAFETY OF AIR AMBULANCE OPERATIONS.
(a) In General.--Chapter 447 is amended by adding at the end the
following:
``Sec. 44730. <> Helicopter air ambulance
operations
``(a) Compliance Regulations.--
``(1) In general. <> --Except as provided
in paragraph (2), not later than 180 days after the date of
enactment of this section, a part 135 certificate holder
providing air ambulance services shall comply, whenever medical
personnel are onboard the aircraft, with regulations pertaining
to weather minimums and flight and duty time under part 135.
``(2) Exception.--If a certificate holder described in
paragraph (1) is operating, or carrying out training, under
instrument flight rules, the weather reporting requirement at
the destination shall not apply if authorized by the
Administrator of the Federal Aviation Administration.
``(b) Final Rule. <> --Not later than June 1, 2012,
the Administrator shall issue a final rule, with respect to the notice
of proposed rulemaking published in the Federal Register on October 12,
2010 (75 Fed. Reg. 62640), to improve the safety of flight crewmembers,
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medical personnel, and passengers onboard helicopters providing air
ambulance services under part 135.
``(c) Matters To Be Addressed.--In conducting the rulemaking
proceeding under subsection (b), the Administrator shall address the
following:
``(1) Flight request and dispatch procedures, including
performance-based flight dispatch procedures.
``(2) Pilot training standards, including establishment of
training standards in--
``(A) preventing controlled flight into terrain; and
``(B) recovery from inadvertent flight into
instrument meteorological conditions.
``(3) Safety-enhancing technology and equipment, including--
``(A) helicopter terrain awareness and warning
systems;
``(B) radar altimeters; and
``(C) devices that perform the function of flight
data recorders and cockpit voice recorders, to the
extent feasible.
``(4) Such other matters as the Administrator considers
appropriate.
``(d) Minimum Requirements.--In issuing a final rule under
subsection (b), the Administrator, at a minimum, shall provide for the
following:
``(1) Flight risk evaluation program.--The Administrator
shall ensure that a part 135 certificate holder providing
helicopter air ambulance services--
``(A) establishes a flight risk evaluation program,
based on FAA Notice 8000.301 issued by the
Administration on August 1, 2005, including any updates
thereto;
``(B) <> as part of the flight
risk evaluation program, develops a checklist for use by
pilots in determining whether a flight request should be
accepted; and
``(C) requires the pilots of the certificate holder
to use the checklist.
``(2) Operational control center.--The Administrator shall
ensure that a part 135 certificate holder providing helicopter
air ambulance services using 10 or more helicopters has an
operational control center that meets such requirements as the
Administrator may prescribe.
``(e) Subsequent Rulemaking.--
``(1) In general.--Upon completion of the rulemaking
required under subsection (b), the Administrator shall conduct a
follow-on rulemaking to address the following:
``(A) Pilot training standards, including--
``(i) mandatory training requirements,
including a minimum time for completing the
training requirements;
``(ii) training subject areas, such as
communications procedures and appropriate
technology use; and
``(iii) establishment of training standards
in--
``(I) crew resource management;
``(II) flight risk evaluation;
``(III) operational control of the
pilot in command; and
``(IV) use of flight simulation
training devices and line-oriented
flight training.
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``(B) Use of safety equipment that should be worn or
used by flight crewmembers and medical personnel on a
flight, including the possible use of shoulder
harnesses, helmets, seatbelts, and fire resistant
clothing to enhance crash survivability.
``(2) Deadlines.--Not later than 180 days after the date of
issuance of a final rule under subsection (b), the Administrator
shall initiate the rulemaking under this subsection.
``(3) Limitation on construction.--Nothing in this
subsection shall be construed to require the Administrator to
propose or finalize any rule that would derogate or supersede
the rule required to be finalized under subsection (b).
``(f) Definitions.--In this section, the following definitions
apply:
``(1) Part 135.--The term `part 135' means part 135 of title
14, Code of Federal Regulations.
``(2) Part 135 certificate holder.--The term `part 135
certificate holder' means a person holding an operating
certificate issued under part 119 of title 14, Code of Federal
Regulations, that is authorized to conduct civil helicopter air
ambulance operations under part 135.
``Sec. 44731. <> Collection of data on
helicopter air ambulance operations
``(a) In General. <> --The Administrator
of the Federal Aviation Administration shall require a part 135
certificate holder providing helicopter air ambulance services to submit
to the Administrator, not later than 1 year after the date of enactment
of this section, and annually thereafter, a report containing, at a
minimum, the following data:
``(1) The number of helicopters that the certificate holder
uses to provide helicopter air ambulance services and the base
locations of the helicopters.
``(2) The number of flights and hours flown, by registration
number, during which helicopters operated by the certificate
holder were providing helicopter air ambulance services.
``(3) The number of flight requests for a helicopter
providing air ambulance services that were accepted or declined
by the certificate holder and the type of each such flight
request (such as scene response, interfacility transport, organ
transport, or ferry or repositioning flight).
``(4) The number of accidents, if any, involving helicopters
operated by the certificate holder while providing air ambulance
services and a description of the accidents.
``(5) The number of flights and hours flown under instrument
flight rules by helicopters operated by the certificate holder
while providing air ambulance services.
``(6) The time of day of each flight flown by helicopters
operated by the certificate holder while providing air ambulance
services.
``(7) The number of incidents, if any, in which a helicopter
was not directly dispatched and arrived to transport patients
but was not utilized for patient transport.
``(b) Reporting Period.--Data contained in a report submitted by a
part 135 certificate holder under subsection (a) shall relate to such
reporting period as the Administrator determines appropriate.
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``(c) <> Database.--Not later than 180 days after
the date of enactment of this section, the Administrator shall develop a
method to collect and store the data collected under subsection (a),
including a method to protect the confidentiality of any trade secret or
proprietary information provided in response to this section.
``(d) Report to Congress.--Not later than 2 years after the date of
enactment of this section, and annually thereafter, the Administrator
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing a summary of the data
collected under subsection (a).
``(e) Definitions.--In this section, the terms `part 135' and `part
135 certificate holder' have the meanings given such terms in section
44730.''.
(b) Authorized Expenditures.--Section 106(k)(2)(C) (as redesignated
by this Act) is amended by inserting before the period the following:
``and the development and maintenance of helicopter approach
procedures''.
(c) Clerical Amendment.--The analysis for chapter 447 is amended by
adding at the end the following:
``44730. Helicopter air ambulance operations.
``44731. Collection of data on helicopter air ambulance operations.''.
SEC. 307. PROHIBITION ON PERSONAL USE OF ELECTRONIC DEVICES ON
FLIGHT DECK.
(a) In General.--Chapter 447 (as amended by this Act) is further
amended by adding at the end the following:
``Sec. 44732. <> Prohibition on personal use
of electronic devices on flight deck
``(a) In General.--It is unlawful for a flight crewmember of an
aircraft used to provide air transportation under part 121 of title 14,
Code of Federal Regulations, to use a personal wireless communications
device or laptop computer while at the flight crewmember's duty station
on the flight deck of such an aircraft while the aircraft is being
operated.
``(b) Exceptions.--Subsection (a) shall not apply to the use of a
personal wireless communications device or laptop computer for a purpose
directly related to operation of the aircraft, or for emergency, safety-
related, or employment-related communications, in accordance with
procedures established by the air carrier and the Administrator of the
Federal Aviation Administration.
``(c) Enforcement.--In addition to the penalties provided under
section 46301 applicable to any violation of this section, the
Administrator of the Federal Aviation Administration may enforce
compliance with this section under section 44709 by amending, modifying,
suspending, or revoking a certificate under this chapter.
``(d) Personal Wireless Communications Device Defined.--In this
section, the term `personal wireless communications device' means a
device through which personal wireless services (as defined in section
332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i))) are transmitted.''.
(b) Penalty.--Section 44711(a) is amended--
(1) by striking ``or'' after the semicolon in paragraph (8);
(2) by striking ``title.'' in paragraph (9) and inserting
``title; or''; and
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(3) by adding at the end the following:
``(10) violate section 44732 or any regulation issued
thereunder.''.
(c) Conforming Amendment.--The analysis for chapter 447 (as amended
by this Act) is further amended by adding at the end the following:
``44732. Prohibition on personal use of electronic devices on flight
deck.''.
(d) Regulations. <> --Not later than 90 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration shall
initiate a rulemaking procedure for regulations to carry out section
44732 of title 49, United States Code (as added by this section), and
shall issue a final rule thereunder not later than 2 years after the
date of enactment of this Act.
(e) Study.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall review relevant air carrier data and carry
out a study--
(A) to identify common sources of distraction for
the flight crewmembers on the flight deck of a
commercial aircraft; and
(B) to determine the safety impacts of such
distractions.
(2) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that contains--
(A) the findings of the study conducted under
paragraph (1); and
(B) recommendations regarding how to reduce
distractions for flight crewmembers on the flight deck
of a commercial aircraft.
SEC. 308. INSPECTION OF REPAIR STATIONS LOCATED OUTSIDE THE UNITED
STATES.
(a) In General.--Chapter 447 (as amended by this Act) is further
amended by adding at the end the following:
``Sec. 44733. <> Inspection of repair
stations located outside the United States
``(a) In General. <> --
Not later than 1 year after the date of enactment of this section, the
Administrator of the Federal Aviation Administration shall establish and
implement a safety assessment system for all part 145 repair stations
based on the type, scope, and complexity of work being performed. The
system shall--
``(1) ensure that repair stations located outside the United
States are subject to appropriate inspections based on
identified risks and consistent with existing United States
requirements;
``(2) consider inspection results and findings submitted by
foreign civil aviation authorities operating under a maintenance
safety or maintenance implementation agreement with the United
States; and
``(3) require all maintenance safety or maintenance
implementation agreements to provide an opportunity for the
Administration to conduct independent inspections of covered
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part 145 repair stations when safety concerns warrant such
inspections.
``(b) Notice to Congress of Negotiations. <> --The
Administrator shall notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives not later than 30 days
after initiating formal negotiations with foreign aviation authorities
or other appropriate foreign government agencies on a new maintenance
safety or maintenance implementation agreement.
``(c) Annual Report.-- <> The Administrator
shall publish an annual report on the Administration's oversight of part
145 repair stations and implementation of the safety assessment system
required under subsection (a). The report shall--
``(1) describe in detail any improvements in the
Administration's ability to identify and track where part 121
air carrier repair work is performed;
``(2) include a staffing model to determine the best
placement of inspectors and the number of inspectors needed;
``(3) describe the training provided to inspectors; and
``(4) include an assessment of the quality of monitoring and
surveillance by the Administration of work performed by its
inspectors and the inspectors of foreign authorities operating
under a maintenance safety or maintenance implementation
agreement.
``(d) Alcohol and Controlled Substances Testing Program
Requirements.--
``(1) In general. <> --The Secretary of
State and the Secretary of Transportation, acting jointly, shall
request the governments of foreign countries that are members of
the International Civil Aviation Organization to establish
international standards for alcohol and controlled substances
testing of persons that perform safety-sensitive maintenance
functions on commercial air carrier aircraft.
``(2) Application to part 121 aircraft
work. <> --Not later than 1 year
after the date of enactment of this section, the Administrator
shall promulgate a proposed rule requiring that all part 145
repair station employees responsible for safety-sensitive
maintenance functions on part 121 air carrier aircraft are
subject to an alcohol and controlled substances testing program
determined acceptable by the Administrator and consistent with
the applicable laws of the country in which the repair station
is located.
``(e) Annual Inspections.--The Administrator shall ensure that part
145 repair stations located outside the United States are inspected
annually by Federal Aviation Administration safety inspectors, without
regard to where the station is located, in a manner consistent with
United States obligations under international agreements. The
Administrator may carry out inspections in addition to the annual
inspection required under this subsection based on identified risks.
``(f) Definitions. <> --In this section, the
following definitions apply:
``(1) Part 121 air carrier.--The term `part 121 air carrier'
means an air carrier that holds a certificate issued under part
121 of title 14, Code of Federal Regulations.
[[Page 64]]
``(2) Part 145 repair station.--The term `part 145 repair
station' means a repair station that holds a certificate issued
under part 145 of title 14, Code of Federal Regulations.''.
(b) Conforming Amendment.--The analysis for chapter 447 (as amended
by this Act) is further amended by adding at the end the following:
``44733. Inspection of repair stations located outside the United
States.''.
SEC. 309. ENHANCED TRAINING FOR FLIGHT ATTENDANTS.
(a) In General.--Chapter 447 (as amended by this Act) is further
amended by adding at the end the following:
``Sec. 44734. <> Training of flight
attendants
``(a) Training Required.--In addition to other training required
under this chapter, each air carrier shall provide to flight attendants
employed or contracted by such air carrier initial and annual training
regarding--
``(1) serving alcohol to passengers;
``(2) recognizing intoxicated passengers; and
``(3) dealing with disruptive passengers.
``(b) Situational Training.--In carrying out the training required
under subsection (a), each air carrier shall provide to flight
attendants situational training on the proper method for dealing with
intoxicated passengers who act in a belligerent manner.
``(c) <> Definitions.--In this section, the
following definitions apply:
``(1) Air carrier.--The term `air carrier' means a person,
including a commercial enterprise, that has been issued an air
carrier operating certificate under section 44705.
``(2) Flight attendant.--The term `flight attendant' has the
meaning given that term in section 44728(g).''.
(b) Clerical Amendment.--The analysis for chapter 447 (as amended by
this Act) is further amended by adding at the end the following:
``44734. Training of flight attendants.''.
SEC. 310. LIMITATION ON DISCLOSURE OF SAFETY INFORMATION.
(a) In General.--Chapter 447 (as amended by this Act) is further
amended by adding at the end the following:
``Sec. 44735. <> Limitation on disclosure of
safety information
``(a) In General.--Except as provided by subsection (c), a report,
data, or other information described in subsection (b) shall not be
disclosed to the public by the Administrator of the Federal Aviation
Administration pursuant to section 552(b)(3)(B) of title 5 if the
report, data, or other information is submitted to the Federal Aviation
Administration voluntarily and is not required to be submitted to the
Administrator under any other provision of law.
``(b) Applicability.--The limitation established by subsection (a)
shall apply to the following:
``(1) Reports, data, or other information developed under
the Aviation Safety Action Program.
``(2) Reports, data, or other information produced or
collected under the Flight Operational Quality Assurance
Program.
[[Page 65]]
``(3) Reports, data, or other information developed under
the Line Operations Safety Audit Program.
``(4) Reports, data, or other information produced or
collected for purposes of developing and implementing a safety
management system acceptable to the Administrator.
``(5) Reports, analyses, and directed studies, based in
whole or in part on reports, data, or other information
described in paragraphs (1) through (4), including those
prepared under the Aviation Safety Information Analysis and
Sharing Program (or any successor program).
``(c) Exception for De-identified Information.--
``(1) In general.--The limitation established by subsection
(a) shall not apply to a report, data, or other information if
the information contained in the report, data, or other
information has been de-identified.
``(2) De-identified defined.--In this subsection, the term
`de-identified' means the process by which all information that
is likely to establish the identity of the specific persons or
entities submitting reports, data, or other information is
removed from the reports, data, or other information.''.
(b) Clerical Amendment.--The analysis for such chapter (as amended
by this Act) is further amended by adding at the end the following:
``44735. Limitation on disclosure of safety information.''.
(c) Technical Correction.--Section 44703(i)(9)(B)(i) is amended by
striking ``section 552 of title 5'' and inserting ``section 552(b)(3)(B)
of title 5''.
SEC. 311. PROHIBITION AGAINST AIMING A LASER POINTER AT AN
AIRCRAFT.
(a) Offense.--Chapter 2 of title 18, United States Code, is amended
by inserting after section 39 the following:
``Sec. 39A. <> Aiming a laser pointer at an
aircraft
``(a) Offense. <> --Whoever knowingly aims the beam
of a laser pointer at an aircraft in the special aircraft jurisdiction
of the United States, or at the flight path of such an aircraft, shall
be fined under this title or imprisoned not more than 5 years, or both.
``(b) Laser Pointer Defined.--As used in this section, the term
`laser pointer' means any device designed or used to amplify
electromagnetic radiation by stimulated emission that emits a beam
designed to be used by the operator as a pointer or highlighter to
indicate, mark, or identify a specific position, place, item, or object.
``(c) Exceptions.--This section does not prohibit aiming a beam of a
laser pointer at an aircraft, or the flight path of such an aircraft,
by--
``(1) an authorized individual in the conduct of research
and development or flight test operations conducted by an
aircraft manufacturer, the Federal Aviation Administration, or
any other person authorized by the Federal Aviation
Administration to conduct such research and development or
flight test operations;
``(2) members or elements of the Department of Defense or
Department of Homeland Security acting in an official
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capacity for the purpose of research, development, operations,
testing, or training; or
``(3) by an individual using a laser emergency signaling
device to send an emergency distress signal.
``(d) Authority To Establish Additional Exceptions by
Regulation. <> --The Attorney General, in
consultation with the Secretary of Transportation, may provide by
regulation, after public notice and comment, such additional exceptions
to this section as may be necessary and
appropriate. <> The Attorney General
shall provide written notification of any proposed regulations under
this section to the Committees on the Judiciary of the Senate and the
House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives, not less than 90 days
before such regulations become final.''.
(b) Clerical Amendment.--The analysis for such chapter is amended--
(1) by moving the item relating to section 39 after the item
relating to section 38; and
(2) by inserting after the item relating to section 39 the
following:
``39A. Aiming a laser pointer at an aircraft''.
SEC. 312. <> AIRCRAFT CERTIFICATION
PROCESS REVIEW AND REFORM.
(a) In General.--The Administrator of the Federal Aviation
Administration, in consultation with representatives of the aviation
industry, shall conduct an assessment of the certification and approval
process under section 44704 of title 49, United States Code.
(b) Contents.--In conducting the assessment, the Administrator shall
consider--
(1) the expected number of applications for product
certifications and approvals the Administrator will receive
under section 44704 of such title in the 1-year, 5-year, and 10-
year periods following the date of enactment of this Act;
(2) process reforms and improvements necessary to allow the
Administrator to review and approve the applications in a fair
and timely fashion;
(3) the status of recommendations made in previous reports
on the Administration's certification process;
(4) methods for enhancing the effective use of delegation
systems, including organizational designation authorization;
(5) methods for training the Administration's field office
employees in the safety management system and auditing; and
(6) the status of updating airworthiness requirements,
including implementing recommendations in the Administration's
report entitled ``Part 23--Small Airplane Certification Process
Study'' (OK-09-3468, dated July 2009).
(c) Recommendations.--In conducting the assessment, the
Administrator shall make recommendations to improve efficiency and
reduce costs through streamlining and reengineering the certification
process under section 44704 of such title to ensure that the
Administrator can conduct certifications and approvals under such
section in a manner that supports and enables the development of new
products and technologies and the global competitiveness of the United
States aviation industry.
[[Page 67]]
(d) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the assessment, together with an explanation of
how the Administrator will implement recommendations made under
subsection (c) and measure the effectiveness of the recommendations.
(e) <> Implementation of Recommendations.--Not
later than 1 year after the date of enactment of this Act, the
Administrator shall begin to implement the recommendations made under
subsection (c).
SEC. 313. <> CONSISTENCY OF REGULATORY
INTERPRETATION.
(a) Establishment of Advisory Panel. <> --Not later
than 90 days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration shall establish an advisory panel
comprised of both Government and industry representatives to--
(1) review the October 2010 report by the Government
Accountability Office on certification and approval processes
(GAO-11-14); and
(2) develop recommendations to address the findings in the
report and other concerns raised by interested parties,
including representatives of the aviation industry.
(b) <> Matters To Be
Considered.--The advisory panel shall--
(1) determine the root causes of inconsistent interpretation
of regulations by the Administration's Flight Standards Service
and Aircraft Certification Service;
(2) develop recommendations to improve the consistency of
interpreting regulations by the Administration's Flight
Standards Service and Aircraft Certification Service; and
(3) develop recommendations to improve communications
between the Administration's Flight Standards Service and
Aircraft Certification Service and applicants and certificate
and approval holders for the identification and resolution of
potentially adverse issues in an expeditious and fair manner.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall transmit to the Committee
on Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the findings of the advisory panel, together with an
explanation of how the Administrator will implement the recommendations
of the advisory panel and measure the effectiveness of the
recommendations.
SEC. 314. <> RUNWAY SAFETY.
(a) Strategic Runway Safety Plan.--
(1) In general. <> --Not later
than 6 months after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
develop and submit to Congress a report containing a strategic
runway safety plan.
(2) Contents of plan.--The strategic runway safety plan--
(A) shall include, at a minimum--
(i) goals to improve runway safety;
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(ii) near- and long-term actions designed to
reduce the severity, number, and rate of runway
incursions, losses of standard separation, and
operational errors;
(iii) time frames and resources needed for the
actions described in clause (ii);
(iv) a continuous evaluative process to track
performance toward the goals referred to in clause
(i); and
(v) a review with respect to runway safety of
every commercial service airport (as defined in
section 47102 of title 49, United States Code) in
the United States and proposed action to improve
airport lighting, provide better signs, and
improve runway and taxiway markings at those
airports; and
(B) shall address the increased runway safety risk
associated with the expected increased volume of air
traffic.
(b) Process. <> --Not later than 6
months after the date of enactment of this Act, the Administrator shall
develop a process for tracking and investigating operational errors,
losses of standard separation, and runway incursions that includes
procedures for--
(1) identifying who is responsible for tracking operational
errors, losses of standard separation, and runway incursions,
including a process for lower level employees to report to
higher supervisory levels and for frontline managers to receive
the information in a timely manner;
(2) conducting periodic random audits of the oversight
process; and
(3) ensuring proper accountability.
(c) Plan for Installation and Deployment of Systems To Provide
Alerts of Potential Runway Incursions. <> --
Not later than June 30, 2012, the Administrator shall submit to Congress
a report containing a plan for the installation and deployment of
systems to alert air traffic controllers or flight crewmembers, or both,
of potential runway incursions. The plan shall be integrated into the
annual NextGen Implementation Plan of the Administration or any
successor document.
SEC. 315. <> FLIGHT STANDARDS EVALUATION
PROGRAM.
(a) In General. <> --Not later than 180 days after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall modify the Flight Standards Evaluation
Program--
(1) to include periodic and random reviews as part of the
Administration's oversight of air carriers; and
(2) to prohibit an individual from participating in a review
or audit of an office with responsibility for an air carrier
under the program if the individual, at any time in the 5-year
period preceding the date of the review or audit, had
responsibility for inspecting, or overseeing the inspection of,
the operations of that carrier.
(b) Annual Report to Congress.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Administrator
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report on the Flight Standards Evaluation
Program, including the
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Administrator's findings and recommendations with respect to the
program.
(c) Flight Standards Evaluation Program Defined.--In this section,
the term ``Flight Standards Evaluation Program'' means the program
established by the Federal Aviation Administration in FS 1100.1B CHG3,
including any subsequent revisions thereto.
SEC. 316. COCKPIT SMOKE.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the effectiveness of oversight activities of the
Federal Aviation Administration relating to the use of new technologies
to prevent or mitigate the effects of dense, continuous smoke in the
cockpit of a commercial aircraft.
(b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit to Congress
a report on the results of the study.
SEC. 317. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER OBSERVATION
TECHNOLOGY.
(a) Study.--The Administrator of the Federal Aviation Administration
shall conduct a review of off-airport, low-altitude aircraft weather
observation technologies.
(b) Specific Review.--The review shall include, at a minimum, an
examination of off-airport, low-altitude weather reporting needs, an
assessment of technical alternatives (including automated weather
observation stations), an investment analysis, and recommendations for
improving weather reporting.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to Congress a
report containing the results of the review.
SEC. 318. FEASIBILITY OF REQUIRING HELICOPTER PILOTS TO USE NIGHT
VISION GOGGLES.
(a) Study.--The Administrator of the Federal Aviation Administration
shall carry out a study on the feasibility of requiring pilots of
helicopters providing air ambulance services under part 135 of title 14,
Code of Federal Regulations, to use night vision goggles during
nighttime operations.
(b) <> Considerations.--In conducting the
study, the Administrator shall consult with owners and operators of
helicopters providing air ambulance services under such part 135 and
aviation safety professionals to determine the benefits, financial
considerations, and risks associated with requiring the use of night
vision goggles.
(c) Report to Congress.--Not later than 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.
SEC. 319. <> MAINTENANCE PROVIDERS.
(a) Regulations. <> --Not later than 3 years after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue regulations requiring that covered
work on an aircraft used to provide air transportation under part 121 of
title 14, Code of Federal Regulations, be performed by persons in
accordance with subsection (b).
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(b) Persons Authorized To Perform Certain Work.--A person may
perform covered work on aircraft used to provide air transportation
under part 121 of title 14, Code of Federal Regulations, only if the
person is employed by--
(1) a part 121 air carrier;
(2) a part 145 repair station or a person authorized under
section 43.17 of title 14, Code of Federal Regulations (or any
successor regulation); or
(3) subject to subsection (c), a person that--
(A) provides contract maintenance workers, services,
or maintenance functions to a part 121 air carrier or
part 145 repair station; and
(B) meets the requirements of the part 121 air
carrier or the part 145 repair station, as appropriate.
(c) Terms and Conditions.--Covered work performed by a person who is
employed by a person described in subsection (b)(3) shall be subject to
the following terms and conditions:
(1) The applicable part 121 air carrier shall be directly in
charge of the covered work being performed.
(2) The covered work shall be carried out in accordance with
the part 121 air carrier's maintenance manual.
(3) The person shall carry out the covered work under the
supervision and control of the part 121 air carrier directly in
charge of the covered work being performed on its aircraft.
(d) Definitions.--In this section, the following definitions apply:
(1) Covered work.--The term ``covered work'' means any of
the following:
(A) Essential maintenance that could result in a
failure, malfunction, or defect endangering the safe
operation of an aircraft if not performed properly or if
improper parts or materials are used.
(B) Regularly scheduled maintenance.
(C) A required inspection item (as defined by the
Administrator).
(2) Part 121 air carrier.--The term ``part 121 air carrier''
means an air carrier that holds a certificate issued under part
121 of title 14, Code of Federal Regulations.
(3) Part 145 repair station.--The term ``part 145 repair
station'' means a repair station that holds a certificate issued
under part 145 of title 14, Code of Federal Regulations.
(4) Person.--The term ``person'' means an individual, firm,
partnership, corporation, company, or association that performs
maintenance, preventative maintenance, or alterations.
SEC. 320. STUDY OF AIR QUALITY IN AIRCRAFT CABINS.
(a) In General. <> --Not later than 1 year after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a study of air quality in
aircraft cabins to--
(1) assess bleed air quality on the full range of commercial
aircraft operating in the United States;
(2) identify oil-based contaminants, hydraulic fluid toxins,
and other air toxins that appear in cabin air and measure the
quantity and prevalence, or absence, of those toxins through a
comprehensive sampling program;
[[Page 71]]
(3) determine the specific amount and duration of toxic
fumes present in aircraft cabins that constitutes a health risk
to passengers;
(4) develop a systematic reporting standard for smoke and
fume events in aircraft cabins; and
(5) identify the potential health risks to individuals
exposed to toxic fumes during flight.
(b) Authority To Monitor Air in Aircraft Cabins.--For purposes of
conducting the study required by subsection (a), the Administrator of
the Federal Aviation Administration shall require domestic air carriers
to allow air quality monitoring on their aircraft in a manner that
imposes no significant costs on the air carrier and does not interfere
with the normal operation of the aircraft.
SEC. 321. <> IMPROVED PILOT LICENSES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall issue improved pilot licenses consistent with
requirements under this section.
(b) Timing. <> --Not later than 270 days after the
date of enactment of this Act, the Administrator shall--
(1) <> provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing--
(A) a timeline for the phased issuance of improved
pilot licenses under this section that ensures all
pilots are issued such licenses not later than 2 years
after the initial issuance of such licenses under
paragraph (2); and
(B) recommendations for the Federal installation of
infrastructure necessary to take advantage of
information contained on improved pilot licenses issued
under this section, which identify the necessary
infrastructure, indicate the Federal entity that should
be responsible for installing, funding, and operating
the infrastructure at airport sterile areas, and provide
an estimate of the costs of the infrastructure; and
(2) begin to issue improved pilot licenses consistent with
the requirements of title 49, United States Code, and title 14,
Code of Federal Regulations.
(c) Requirements.--Improved pilot licenses issued under this section
shall--
(1) be resistant to tampering, alteration, and
counterfeiting;
(2) include a photograph of the individual to whom the
license is issued for identification purposes; and
(3) be smart cards that--
(A) accommodate iris and fingerprint biometric
identifiers; and
(B) are compliant with Federal Information
Processing Standards-201 (FIPS-201) or Personal Identity
Verification-Interoperability Standards (PIV-I) for
processing through security checkpoints into airport
sterile areas.
(d) Tampering.--To the extent practicable, the Administrator shall
develop methods to determine or reveal whether any component or security
feature of an improved pilot license issued under this section has been
tampered with, altered, or counterfeited.
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(e) Use of Designees.--The Administrator may use designees to carry
out subsection (a) to the extent practicable in order to minimize the
burdens on pilots.
(f) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report on the issuance of improved pilot licenses under this
section.
(2) Expiration.--The Administrator shall not be required to
submit annual reports under this subsection after the date on
which the Administrator has issued improved pilot licenses under
this section to all pilots.
Subtitle B--Unmanned Aircraft Systems
SEC. 331. <> DEFINITIONS.
In this subtitle, the following definitions
apply: <>
(1) Arctic.--The term ``Arctic'' means the United States
zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of
the Aleutian chain.
(2) Certificate of waiver; certificate of authorization.--
The terms ``certificate of waiver'' and ``certificate of
authorization'' mean a Federal Aviation Administration grant of
approval for a specific flight operation.
(3) Permanent areas.--The term ``permanent areas'' means
areas on land or water that provide for launch, recovery, and
operation of small unmanned aircraft.
(4) Public unmanned aircraft system.--The term ``public
unmanned aircraft system'' means an unmanned aircraft system
that meets the qualifications and conditions required for
operation of a public aircraft (as defined in section 40102 of
title 49, United States Code).
(5) Sense and avoid capability.--The term ``sense and avoid
capability'' means the capability of an unmanned aircraft to
remain a safe distance from and to avoid collisions with other
airborne aircraft.
(6) Small unmanned aircraft.--The term ``small unmanned
aircraft'' means an unmanned aircraft weighing less than 55
pounds.
(7) Test range.--The term ``test range'' means a defined
geographic area where research and development are conducted.
(8) Unmanned aircraft.--The term ``unmanned aircraft'' means
an aircraft that is operated without the possibility of direct
human intervention from within or on the aircraft.
(9) Unmanned aircraft system.--The term ``unmanned aircraft
system'' means an unmanned aircraft and associated elements
(including communication links and the components that control
the unmanned aircraft) that are required for the pilot in
command to operate safely and efficiently in the national
airspace system.
[[Page 73]]
SEC. 332. <> INTEGRATION OF CIVIL
UNMANNED AIRCRAFT SYSTEMS INTO NATIONAL
AIRSPACE SYSTEM.
(a) Required Planning for Integration.--
(1) Comprehensive plan. <> --Not later than
270 days after the date of enactment of this Act, the Secretary
of Transportation, in consultation with representatives of the
aviation industry, Federal agencies that employ unmanned
aircraft systems technology in the national airspace system, and
the unmanned aircraft systems industry, shall develop a
comprehensive plan to safely accelerate the integration of civil
unmanned aircraft systems into the national airspace system.
(2) Contents of plan.--The plan required under paragraph (1)
shall contain, at a minimum, recommendations or projections on--
(A) the rulemaking to be conducted under subsection
(b), with specific recommendations on how the rulemaking
will--
(i) define the acceptable standards for
operation and certification of civil unmanned
aircraft systems;
(ii) ensure that any civil unmanned aircraft
system includes a sense and avoid capability; and
(iii) establish standards and requirements for
the operator and pilot of a civil unmanned
aircraft system, including standards and
requirements for registration and licensing;
(B) the best methods to enhance the technologies and
subsystems necessary to achieve the safe and routine
operation of civil unmanned aircraft systems in the
national airspace system;
(C) a phased-in approach to the integration of civil
unmanned aircraft systems into the national airspace
system;
(D) a timeline for the phased-in approach described
under subparagraph (C);
(E) creation of a safe
(F) airspace designation for cooperative manned and
unmanned flight operations in the national airspace
system;
(G) establishment of a process to develop
certification, flight standards, and air traffic
requirements for civil unmanned aircraft systems at test
ranges where such systems are subject to testing;
(H) the best methods to ensure the safe operation of
civil unmanned aircraft systems and public unmanned
aircraft systems simultaneously in the national airspace
system; and
(I) incorporation of the plan into the annual
NextGen Implementation Plan document (or any successor
document) of the Federal Aviation Administration.
(3) Deadline.--The plan required under paragraph (1) shall
provide for the safe integration of civil unmanned aircraft
systems into the national airspace system as soon as
practicable, but not later than September 30, 2015.
(4) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to
Congress a copy of the plan required under paragraph (1).
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(5) Roadmap. <> --Not later than 1 year after the date of enactment
of this Act, the Secretary shall approve and make available in
print and on the Administration's Internet Web site a 5-year
roadmap for the introduction of civil unmanned aircraft systems
into the national airspace system, as coordinated by the
Unmanned Aircraft Program Office of the Administration. The
Secretary shall update the roadmap annually.
(b) Rulemaking. <> --Not later than 18 months after the date on which the
plan required under subsection (a)(1) is submitted to Congress under
subsection (a)(4), the Secretary shall publish in the Federal Register--
(1) a final rule on small unmanned aircraft systems that
will allow for civil operation of such systems in the national
airspace system, to the extent the systems do not meet the
requirements for expedited operational authorization under
section 333 of this Act;
(2) a notice of proposed rulemaking to implement the
recommendations of the plan required under subsection (a)(1),
with the final rule to be published not later than 16 months
after the date of publication of the notice; and
(3) an update to the Administration's most recent policy
statement on unmanned aircraft systems, contained in Docket No.
FAA-2006-25714.
(c) Pilot Projects.--
(1) Establishment. <> --Not later than 180
days after the date of enactment of this Act, the Administrator
shall establish a program to integrate unmanned aircraft systems
into the national airspace system at 6 test
ranges. <> The program shall terminate
5 years after the date of enactment of this Act.
(2) Program requirements.--In establishing the program under
paragraph (1), the Administrator shall--
(A) safely designate airspace for integrated manned
and unmanned flight operations in the national airspace
system;
(B) <> develop certification
standards and air traffic requirements for unmanned
flight operations at test ranges;
(C) coordinate with and leverage the resources of
the National Aeronautics and Space Administration and
the Department of Defense;
(D) address both civil and public unmanned aircraft
systems;
(E) ensure that the program is coordinated with the
Next Generation Air Transportation System; and
(F) provide for verification of the safety of
unmanned aircraft systems and related navigation
procedures before integration into the national airspace
system.
(3) Test range locations.--In determining the location of
the 6 test ranges of the program under paragraph (1), the
Administrator shall--
(A) take into consideration geographic and climatic
diversity;
(B) take into consideration the location of ground
infrastructure and research needs; and
(C) <> consult with the
National Aeronautics and Space Administration and the
Department of Defense.
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(4) Test range operation. <> --A project at
a test range shall be operational not later than 180 days after
the date on which the project is established.
(5) Report to congress.--
(A) In general.--Not later than 90 days after the
date of the termination of the program under paragraph
(1), the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure and
the Committee on Science, Space, and Technology of the
House of Representatives a report setting forth the
Administrator's findings and conclusions concerning the
projects.
(B) Additional contents.--The report under
subparagraph (A) shall include a description and
assessment of the progress being made in establishing
special use airspace to fill the immediate need of the
Department of Defense--
(i) to develop detection techniques for small
unmanned aircraft systems; and
(ii) to validate the sense and avoid
capability and operation of unmanned aircraft
systems.
(d) Expanding Use of Unmanned Aircraft Systems in Arctic.--
(1) In general. <> --Not later than
180 days after the date of enactment of this Act, the Secretary
shall develop a plan and initiate a process to work with
relevant Federal agencies and national and international
communities to designate permanent areas in the Arctic where
small unmanned aircraft may operate 24 hours per day for
research and commercial purposes. The plan for operations in
these permanent areas shall include the development of processes
to facilitate the safe operation of unmanned aircraft beyond
line of sight. Such areas shall enable over-water flights from
the surface to at least 2,000 feet in altitude, with ingress and
egress routes from selected coastal launch sites.
(2) Agreements.--To implement the plan under paragraph (1),
the Secretary may enter into an agreement with relevant national
and international communities.
(3) Aircraft approval. <> --Not later than
1 year after the entry into force of an agreement necessary to
effectuate the purposes of this subsection, the Secretary shall
work with relevant national and international communities to
establish and implement a process, or may apply an applicable
process already established, for approving the use of unmanned
aircraft in the designated permanent areas in the Arctic without
regard to whether an unmanned aircraft is used as a public
aircraft, a civil aircraft, or a model aircraft.
SEC. 333. <> SPECIAL RULES FOR CERTAIN
UNMANNED AIRCRAFT SYSTEMS.
(a) In General. <> --Notwithstanding
any other requirement of this subtitle, and not later than 180 days
after the date of enactment of this Act, the Secretary of Transportation
shall determine if certain unmanned aircraft systems may operate safely
in the national airspace system before completion of the plan and
rulemaking required by section 332 of this Act or the guidance required
by section 334 of this Act.
[[Page 76]]
(b) Assessment of Unmanned Aircraft
Systems. <> --In making the determination under
subsection (a), the Secretary shall determine, at a minimum--
(1) which types of unmanned aircraft systems, if any, as a
result of their size, weight, speed, operational capability,
proximity to airports and populated areas, and operation within
visual line of sight do not create a hazard to users of the
national airspace system or the public or pose a threat to
national security; and
(2) whether a certificate of waiver, certificate of
authorization, or airworthiness certification under section
44704 of title 49, United States Code, is required for the
operation of unmanned aircraft systems identified under
paragraph (1).
(c) Requirements for Safe Operation.--If the Secretary determines
under this section that certain unmanned aircraft systems may operate
safely in the national airspace system, the Secretary shall establish
requirements for the safe operation of such aircraft systems in the
national airspace system.
SEC. 334. <> PUBLIC UNMANNED AIRCRAFT
SYSTEMS.
(a) Guidance. <> --Not later than 270 days after
the date of enactment of this Act, the Secretary of Transportation shall
issue guidance regarding the operation of public unmanned aircraft
systems to--
(1) expedite the issuance of a certificate of authorization
process;
(2) provide for a collaborative process with public agencies
to allow for an incremental expansion of access to the national
airspace system as technology matures and the necessary safety
analysis and data become available, and until standards are
completed and technology issues are resolved;
(3) facilitate the capability of public agencies to develop
and use test ranges, subject to operating restrictions required
by the Federal Aviation Administration, to test and operate
unmanned aircraft systems; and
(4) provide guidance on a public entity's responsibility
when operating an unmanned aircraft without a civil
airworthiness certificate issued by the Administration.
(b) Standards for Operation and
Certification. <> --Not later than December 31, 2015,
the Administrator shall develop and implement operational and
certification requirements for the operation of public unmanned aircraft
systems in the national airspace system.
(c) Agreements With Government Agencies.--
(1) In general. <> --Not later than 90 days
after the date of enactment of this Act, the Secretary shall
enter into agreements with appropriate government agencies to
simplify the process for issuing certificates of waiver or
authorization with respect to applications seeking authorization
to operate public unmanned aircraft systems in the national
airspace system.
(2) Contents.--The agreements shall--
(A) with respect to an application described in
paragraph (1)--
(i) provide for an expedited review of the
application;
[[Page 77]]
(ii) <> require a decision by
the Administrator on approval or disapproval
within 60 business days of the date of submission
of the application; and
(iii) allow for an expedited appeal if the
application is disapproved;
(B) allow for a one-time approval of similar
operations carried out during a fixed period of time;
and
(C) allow a government public safety agency to
operate unmanned aircraft weighing 4.4 pounds or less,
if operated--
(i) within the line of sight of the operator;
(ii) less than 400 feet above the ground;
(iii) during daylight conditions;
(iv) within Class G airspace; and
(v) outside of 5 statute miles from any
airport, heliport, seaplane base, spaceport, or
other location with aviation activities.
SEC. 335. <> SAFETY STUDIES.
The Administrator of the Federal Aviation Administration shall carry
out all safety studies necessary to support the integration of unmanned
aircraft systems into the national airspace system.
SEC. 336. <> SPECIAL RULE FOR MODEL
AIRCRAFT.
(a) In General.--Notwithstanding any other provision of law relating
to the incorporation of unmanned aircraft systems into Federal Aviation
Administration plans and policies, including this subtitle, the
Administrator of the Federal Aviation Administration may not promulgate
any rule or regulation regarding a model aircraft, or an aircraft being
developed as a model aircraft, if--
(1) the aircraft is flown strictly for hobby or recreational
use;
(2) the aircraft is operated in accordance with a community-
based set of safety guidelines and within the programming of a
nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds
unless otherwise certified through a design, construction,
inspection, flight test, and operational safety program
administered by a community-based organization;
(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator of
the aircraft provides the airport operator and the airport air
traffic control tower (when an air traffic facility is located
at the airport) with prior notice of the operation (model
aircraft operators flying from a permanent location within 5
miles of an airport should establish a mutually-agreed upon
operating procedure with the airport operator and the airport
air traffic control tower (when an air traffic facility is
located at the airport)).
(b) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft who endanger
the safety of the national airspace system.
(c) Model Aircraft Defined.--In this section, the term ``model
aircraft'' means an unmanned aircraft that is--
(1) capable of sustained flight in the atmosphere;
[[Page 78]]
(2) flown within visual line of sight of the person
operating the aircraft; and
(3) flown for hobby or recreational purposes.
Subtitle C--Safety and Protections
SEC. 341. AVIATION SAFETY WHISTLEBLOWER INVESTIGATION OFFICE.
Section 106 (as amended by this Act) is further amended by adding at
the end the following:
``(t) Aviation Safety Whistleblower Investigation Office.--
``(1) Establishment.--There is established in the Federal
Aviation Administration (in this subsection referred to as the
`Agency') an Aviation Safety Whistleblower Investigation Office
(in this subsection referred to as the `Office').
``(2) Director.--
``(A) Appointment.--The head of the Office shall be
the Director, who shall be appointed by the Secretary of
Transportation.
``(B) Qualifications.--The Director shall have a
demonstrated ability in investigations and knowledge of
or experience in aviation.
``(C) Term.--The Director shall be appointed for a
term of 5 years.
``(D) Vacancies.--Any individual appointed to fill a
vacancy in the position of the Director occurring before
the expiration of the term for which the individual's
predecessor was appointed shall be appointed for the
remainder of that term.
``(3) Complaints and investigations.--
``(A) Authority of director.--The Director shall--
``(i) receive complaints and information
submitted by employees of persons holding
certificates issued under title 14, Code of
Federal Regulations (if the certificate holder
does not have a similar in-house whistleblower or
safety and regulatory noncompliance reporting
process) and employees of the Agency concerning
the possible existence of an activity relating to
a violation of an order, a regulation, or any
other provision of Federal law relating to
aviation safety;
``(ii) assess complaints and information
submitted under clause (i) and determine whether a
substantial likelihood exists that a violation of
an order, a regulation, or any other provision of
Federal law relating to aviation safety has
occurred; and
``(iii) <> based on
findings of the assessment conducted under clause
(ii), make recommendations to the Administrator of
the Agency, in writing, regarding further
investigation or corrective actions.
``(B) Disclosure of identities.--The Director shall
not disclose the identity of an individual who submits a
complaint or information under subparagraph (A)(i)
unless--
``(i) the individual consents to the
disclosure in writing; or
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``(ii) <> the Director
determines, in the course of an investigation,
that the disclosure is required by regulation,
statute, or court order, or is otherwise
unavoidable, in which case the Director shall
provide the individual reasonable advanced notice
of the disclosure.
``(C) Independence of director.--The Secretary, the
Administrator, or any officer or employee of the Agency
may not prevent or prohibit the Director from
initiating, carrying out, or completing any assessment
of a complaint or information submitted under
subparagraph (A)(i) or from reporting to Congress on any
such assessment.
``(D) Access to information.--In conducting an
assessment of a complaint or information submitted under
subparagraph (A)(i), the Director shall have access to
all records, reports, audits, reviews, documents,
papers, recommendations, and other material of the
Agency necessary to determine whether a substantial
likelihood exists that a violation of an order, a
regulation, or any other provision of Federal law
relating to aviation safety may have occurred.
``(4) Responses to
recommendations. <> --Not later than
60 days after the date on which the Administrator receives a
report with respect to an investigation, the Administrator shall
respond to a recommendation made by the Director under paragraph
(3)(A)(iii) in writing and retain records related to any further
investigations or corrective actions taken in response to the
recommendation.
``(5) Incident reports.--If the Director determines there is
a substantial likelihood that a violation of an order, a
regulation, or any other provision of Federal law relating to
aviation safety has occurred that requires immediate corrective
action, the Director shall report the potential violation
expeditiously to the Administrator and the Inspector General of
the Department of Transportation.
``(6) Reporting of criminal violations to inspector
general.--If the Director has reasonable grounds to believe that
there has been a violation of Federal criminal law, the Director
shall report the violation expeditiously to the Inspector
General.
``(7) Annual reports to congress.--Not later than October 1
of each year, the Director shall submit to Congress a report
containing--
``(A) information on the number of submissions of
complaints and information received by the Director
under paragraph (3)(A)(i) in the preceding 12-month
period;
``(B) summaries of those submissions;
``(C) summaries of further investigations and
corrective actions recommended in response to the
submissions; and
``(D) summaries of the responses of the
Administrator to such recommendations.''.
SEC. 342. POSTEMPLOYMENT RESTRICTIONS FOR FLIGHT STANDARDS
INSPECTORS.
(a) In General.--Section 44711 is amended by adding at the end the
following:
``(d) Postemployment Restrictions for Flight Standards Inspectors.--
[[Page 80]]
``(1) Prohibition.--A person holding an operating
certificate issued under title 14, Code of Federal Regulations,
may not knowingly employ, or make a contractual arrangement that
permits, an individual to act as an agent or representative of
the certificate holder in any matter before the Federal Aviation
Administration if the individual, in the preceding 2-year
period--
``(A) served as, or was responsible for oversight
of, a flight standards inspector of the Administration;
and
``(B) had responsibility to inspect, or oversee
inspection of, the operations of the certificate holder.
``(2) Written and oral communications.--For purposes of
paragraph (1), an individual shall be considered to be acting as
an agent or representative of a certificate holder in a matter
before the Administration if the individual makes any written or
oral communication on behalf of the certificate holder to the
Administration (or any of its officers or employees) in
connection with a particular matter, whether or not involving a
specific party and without regard to whether the individual has
participated in, or had responsibility for, the particular
matter while serving as a flight standards inspector of the
Administration.''.
(b) <> Applicability.--The amendment made
by subsection (a) shall not apply to an individual employed by a
certificate holder as of the date of enactment of this Act.
SEC. 343. <> REVIEW OF AIR
TRANSPORTATION OVERSIGHT SYSTEM DATABASE.
(a) Reviews.--The Administrator of the Federal Aviation
Administration shall establish a process by which the air transportation
oversight system database of the Administration is reviewed by regional
teams of employees of the Administration, including at least one
employee on each team representing aviation safety inspectors, on a
monthly basis to ensure that--
(1) any trends in regulatory compliance are identified; and
(2) appropriate corrective actions are taken in accordance
with Administration regulations, advisory directives, policies,
and procedures.
(b) Monthly Team Reports.--
(1) In general.--A regional team of employees conducting a
monthly review of the air transportation oversight system
database under subsection (a) shall submit to the Administrator,
the Associate Administrator for Aviation Safety, and the
Director of Flight Standards Service a report each month on the
results of the review.
(2) Contents.--A report submitted under paragraph (1) shall
identify--
(A) any trends in regulatory compliance discovered
by the team of employees in conducting the monthly
review; and
(B) any corrective actions taken or proposed to be
taken in response to the trends.
(c) Biannual Reports to Congress.--The Administrator, on a biannual
basis, 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 reviews of the air transportation
[[Page 81]]
oversight system database conducted under this section, including copies
of reports received under subsection (b).
SEC. 344. <> IMPROVED VOLUNTARY
DISCLOSURE REPORTING SYSTEM.
(a) Voluntary Disclosure Reporting Program Defined.--In this
section, the term ``Voluntary Disclosure Reporting Program'' means the
program established by the Federal Aviation Administration through
Advisory Circular 00-58A, dated September 8, 2006, including any
subsequent revisions thereto.
(b) Verification.--The Administrator of the Federal Aviation
Administration shall modify the Voluntary Disclosure Reporting Program
to require inspectors to--
(1) verify that air carriers are implementing comprehensive
solutions to correct the underlying causes of the violations
voluntarily disclosed by such air carriers; and
(2) confirm, before approving a final report of a violation,
that a violation with the same root causes, has not been
previously discovered by an inspector or self-disclosed by the
air carrier.
(c) Supervisory Review of Voluntary Self-Disclosures.--The
Administrator shall establish a process by which voluntary self-
disclosures received from air carriers are reviewed and approved by a
supervisor after the initial review by an inspector.
(d) Inspector General Study.--
(1) In general.--The Inspector General of the Department of
Transportation shall conduct a study of the Voluntary Disclosure
Reporting Program.
(2) Review.--In conducting the study, the Inspector General
shall examine, at a minimum, if the Administration--
(A) conducts comprehensive reviews of voluntary
disclosure reports before closing a voluntary disclosure
report under the provisions of the program;
(B) evaluates the effectiveness of corrective
actions taken by air carriers; and
(C) effectively prevents abuse of the voluntary
disclosure reporting program through its secondary
review of self-disclosures before they are accepted and
closed by the Administration.
(3) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Inspector General shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and Committee on Commerce, Science,
and Transportation of the Senate a report on the results of the
study conducted under this section.
SEC. 345. <> DUTY PERIODS AND FLIGHT
TIME LIMITATIONS APPLICABLE TO FLIGHT
CREWMEMBERS.
(a) Rulemaking on Applicability of Part 121 Duty Periods and Flight
Time Limitations to Part 91 Operations. <> --Not later
than 180 days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration shall initiate a rulemaking
proceeding, if such a proceeding has not already been initiated, to
require a flight crewmember who is employed by an air carrier conducting
operations under part 121 of title 14, Code of Federal Regulations, and
who accepts an additional assignment for flying under part 91 of such
title from the air carrier or from any other air carrier conducting
operations under part 121 or 135 of such title, to apply the period of
the additional assignment
[[Page 82]]
(regardless of whether the assignment is performed by the flight
crewmember before or after an assignment to fly under part 121 of such
title) toward any limitation applicable to the flight crewmember
relating to duty periods or flight times under part 121 of such title.
(b) Rulemaking on Applicability of Part 135 Duty Periods and Flight
Time Limitations to Part 91 Operations. <> --Not later
than 1 year after the date of enactment of this Act, the Administrator
shall initiate a rulemaking proceeding to require a flight crewmember
who is employed by an air carrier conducting operations under part 135
of title 14, Code of Federal Regulations, and who accepts an additional
assignment for flying under part 91 of such title from the air carrier
or any other air carrier conducting operations under part 121 or 135 of
such title, to apply the period of the additional assignment (regardless
of whether the assignment is performed by the flight crewmember before
or after an assignment to fly under part 135 of such title) toward any
limitation applicable to the flight crewmember relating to duty periods
or flight times under part 135 of such title.
(c) Separate Rulemaking Proceedings Required.--The rulemaking
proceeding required under subsection (b) shall be separate from the
rulemaking proceeding required under subsection (a).
SEC. 346. CERTAIN EXISTING FLIGHT TIME LIMITATIONS AND REST
REQUIREMENTS.
The Administrator of the Federal Aviation Administration may not
finalize the interpretation proposed in Docket No. FAA-2010-1259,
relating to rest requirements, and published in the Federal Register on
December 23, 2010.
SEC. 347. <> EMERGENCY LOCATOR
TRANSMITTERS ON GENERAL AVIATION AIRCRAFT.
(a) Inspection.--As part of the annual inspection of general
aviation aircraft, the Administrator of the Federal Aviation
Administration shall require a detailed inspection of each emergency
locator transmitter (in this section referred to as an ``ELT'')
installed in general aviation aircraft operating in the United States to
ensure that the ELT is mounted and retained in accordance with the
manufacturer's specifications.
(b) Mounting and Retention.--
(1) In general. <> --Not
later than 90 days after the date of enactment of this Act, the
Administrator shall determine if the ELT mounting requirements
and retention tests specified by Technical Standard Orders C91a
and C126 are adequate to assess retention capabilities in ELT
designs.
(2) Revision.--Based on the determination under paragraph
(1), the Administrator shall make any necessary revisions to the
requirements and retention tests referred to in paragraph (1) to
ensure that ELTs are properly retained in the event of an
aircraft accident.
(c) Report.--Upon the completion of any revisions under subsection
(b)(2), the Administrator shall submit a report on the implementation of
this section to--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
[[Page 83]]
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Passenger Air Service Improvements
SEC. 401. SMOKING PROHIBITION.
(a) In General.--Section 41706 is amended--
(1) in the section heading by striking ``scheduled'' and
inserting ``passenger''; and
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) Smoking Prohibition in Interstate and Intrastate Air
Transportation.--An individual may not smoke--
``(1) in an aircraft in scheduled passenger interstate or
intrastate air transportation; or
``(2) in an aircraft in nonscheduled passenger interstate or
intrastate air transportation, if a flight attendant is a
required crewmember on the aircraft (as determined by the
Administrator of the Federal Aviation Administration).
``(b) Smoking Prohibition in Foreign Air Transportation.--The
Secretary of Transportation shall require all air carriers and foreign
air carriers to prohibit smoking--
``(1) in an aircraft in scheduled passenger foreign air
transportation; and
``(2) in an aircraft in nonscheduled passenger foreign air
transportation, if a flight attendant is a required crewmember
on the aircraft (as determined by the Administrator or a foreign
government).''.
(b) Clerical Amendment.--The analysis for chapter 417 is amended by
striking the item relating to section 41706 and inserting the following:
``41706. Prohibitions against smoking on passenger flights.''.
SEC. 402. MONTHLY AIR CARRIER REPORTS.
(a) In General.--Section 41708 is amended by adding at the end the
following:
``(c) Diverted and Cancelled Flights.--
``(1) Monthly reports.--The Secretary shall require an air
carrier referred to in paragraph (2) to file with the Secretary
a monthly report on each flight of the air carrier that is
diverted from its scheduled destination to another airport and
each flight of the air carrier that departs the gate at the
airport at which the flight originates but is cancelled before
wheels-off time.
``(2) Applicability.--An air carrier that is required to
file a monthly airline service quality performance report
pursuant to part 234 of title 14, Code of Federal Regulations,
shall be subject to the requirement of paragraph (1).
``(3) Contents.--A monthly report filed by an air carrier
under paragraph (1) shall include, at a minimum, the following
information:
``(A) For a diverted flight--
``(i) the flight number of the diverted
flight;
[[Page 84]]
``(ii) the scheduled destination of the
flight;
``(iii) the date and time of the flight;
``(iv) the airport to which the flight was
diverted;
``(v) wheels-on time at the diverted airport;
``(vi) the time, if any, passengers deplaned
the aircraft at the diverted airport; and
``(vii) if the flight arrives at the scheduled
destination airport--
``(I) the gate-departure time at the
diverted airport;
``(II) the wheels-off time at the
diverted airport;
``(III) the wheels-on time at the
scheduled arrival airport; and
``(IV) the gate-arrival time at the
scheduled arrival airport.
``(B) For flights cancelled after gate departure--
``(i) the flight number of the cancelled
flight;
``(ii) the scheduled origin and destination
airports of the cancelled flight;
``(iii) the date and time of the cancelled
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 compile 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).
SEC. 403. MUSICAL INSTRUMENTS.
(a) In General.--Subchapter I of chapter 417 is amended by adding at
the end the following:
``Sec. 41724. <> Musical instruments
``(a) In General.--
``(1) Small instruments as carry-on baggage.--An air carrier
providing air transportation shall permit a passenger to carry a
violin, guitar, or other musical instrument in the aircraft
cabin, without charging the passenger a fee in addition to any
standard fee that carrier may require for comparable carry-on
baggage, if--
``(A) the instrument can be stowed safely in a
suitable baggage compartment in the aircraft cabin or
under a passenger seat, in accordance with the
requirements for carriage of 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 baggage.--An air
carrier providing air transportation shall permit a passenger to
carry a musical instrument that is too large to meet the
requirements of paragraph (1) in the aircraft cabin, without
[[Page 85]]
charging the passenger a fee in addition to the cost of the
additional ticket described in subparagraph (E), if--
``(A) the instrument is contained in a case or
covered so as to avoid injury to other passengers;
``(B) the weight of the instrument, including the
case or covering, does not exceed 165 pounds or the
applicable weight restrictions for the aircraft;
``(C) the instrument can be stowed in accordance
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
``(E) the passenger wishing to carry the instrument
in the aircraft cabin has purchased an additional seat
to accommodate the instrument.
``(3) Large instruments as checked baggage.--An air carrier
shall transport as baggage a musical instrument that is the
property of a passenger 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 applicable size restrictions for the
aircraft;
``(B) the weight of the instrument does not exceed
165 pounds or the applicable weight restrictions for the
aircraft; and
``(C) the instrument can be stowed in accordance
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).
``(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 following:
``41724. Musical instruments.''.
SEC. 404. EXTENSION OF COMPETITIVE ACCESS REPORTS.
Section 47107(s)(3) is amended to read as follows:
``(3) Sunset provision.--This subsection shall cease to be
effective beginning October 1, 2015.''.
SEC. 405. AIRFARES FOR MEMBERS OF THE ARMED FORCES.
(a) Findings.--Congress finds that--
(1) the Armed Forces is comprised of approximately 1,450,000
members who are stationed on active duty at more than 6,000
military bases in 146 different countries;
(2) the United States is indebted to the members of the
Armed Forces, many of whom are in grave danger due to their
engagement in, or exposure to, combat;
(3) military service, especially in the current war against
terrorism, often requires members of the Armed Forces to be
[[Page 86]]
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 purchasing 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 Congress that--
(1) all United States commercial air carriers should seek to
lend their support with flexible, generous 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 members of the
Armed Forces who have been granted 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 extent 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 ensure 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 or liberty.
SEC. 406. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, AND
ASSOCIATED CAUSES.
(a) Review.--The Inspector General of the Department of
Transportation shall conduct a review regarding air carrier flight
delays, cancellations, and associated causes to update the 2000 report
numbered CR-2000-112 and titled ``Audit of Air Carrier Flight Delays and
Cancellations''.
(b) Assessments.--In conducting the review under subsection (a), the
Inspector General shall assess--
(1) the need for an update on delay and cancellation
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 programs that could be
implemented to address the impact of flight delays on air
travelers;
[[Page 87]]
(5) the effect that limited air carrier service options 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.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Inspector General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and 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. 407. COMPENSATION FOR DELAYED BAGGAGE.
(a) Study.--The Comptroller General of the United States shall
conduct a study to--
(1) examine delays in the delivery of checked baggage to
passengers of air carriers; and
(2) assess the options for and examine the impact of
establishing minimum standards to compensate 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 to Congress.--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. 408. <> DOT AIRLINE CONSUMER
COMPLAINT INVESTIGATIONS.
The Secretary of Transportation may investigate consumer complaints
regarding--
(1) flight cancellations;
(2) compliance with Federal regulations concerning
overbooking seats on flights;
(3) lost, damaged, or delayed baggage, and difficulties 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, overcharges, and fare
increases;
(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. 409. STUDY OF OPERATORS REGULATED UNDER PART 135.
(a) Study Required.--The Administrator of the Federal Aviation
Administration, in consultation with interested parties, shall conduct a
study of operators regulated under part 135 of title 14, Code of Federal
Regulations.
(b) Contents.--In conducting the study under subsection (a), the
Administrator shall analyze the part 135 fleet in the United States,
which shall include analysis of--
[[Page 88]]
(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
(7) the number of passengers and airports served by the
fleet.
(c) Report to Congress.--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 subsection (a).
SEC. 410. 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.
(b) Contents.--The study shall include--
(1) a review of foreign government and air carrier 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 experience 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 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. 411. <> ESTABLISHMENT OF
ADVISORY COMMITTEE FOR AVIATION CONSUMER
PROTECTION.
(a) In General.--The Secretary of Transportation shall establish an
advisory committee for aviation consumer protection to advise the
Secretary in carrying out activities relating to airline customer
service improvements.
(b) Membership.--The Secretary shall appoint the members of the
advisory committee, which shall be comprised of one representative each
of--
(1) air carriers;
(2) airport operators;
(3) State or local governments with expertise in consumer
protection matters; and
(4) nonprofit public interest groups with expertise in
consumer protection matters.
[[Page 89]]
(c) Vacancies.--A vacancy in the advisory committee shall be filled
in the manner in which the original appointment was made.
(d) Travel Expenses.--Members of the advisory committee shall serve
without pay but shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(e) Chairperson.--The Secretary shall designate, from among the
individuals appointed under subsection (b), an individual to serve as
chairperson of the advisory committee.
(f) Duties.--The duties of the advisory committee shall include--
(1) evaluating existing aviation consumer protection
programs and providing recommendations for the improvement of
such programs, if needed; and
(2) providing recommendations for establishing additional
aviation consumer protection programs, if needed.
(g) Report to Congress.--Not later than February 1 of each of the
first 2 calendar years beginning after the date of enactment of this
Act, the Secretary shall transmit to Congress a report containing--
(1) the recommendations made by the advisory committee
during the preceding calendar year; and
(2) an explanation of how the Secretary has implemented each
recommendation and, for each recommendation not implemented, the
Secretary's reason for not implementing the recommendation.
(h) Termination.--The advisory committee established under this
section shall terminate on September 30, 2015.
SEC. 412. <> DISCLOSURE OF SEAT
DIMENSIONS TO FACILITATE THE USE OF CHILD
SAFETY SEATS ON AIRCRAFT.
<> Not later than 1 year
after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall initiate a rulemaking to require
each air carrier operating under part 121 of title 14, Code of Federal
Regulations, to post on the Internet Web site of the air carrier the
maximum dimensions of a child safety seat that can be used on each
aircraft operated by the air carrier to enable passengers to determine
which child safety seats can be used on those aircraft.
SEC. 413. <> SCHEDULE REDUCTION.
(a) <> In General.--If the Administrator of
the Federal 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 Administrator for such operations; and
(2) the operations in excess of the maximum departure and
arrival rate for such hour at such airport 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 States Code, on a
voluntary basis, the number of such operations so as not to exceed the
maximum departure and arrival rate.
(b) No Agreement.--If the air carriers participating in a meeting
with respect to an airport under subsection (a) are not able to agree to
a reduction in the number of flights to and from
[[Page 90]]
the airport so as not to exceed the maximum departure and arrival rate,
the Administrator shall take such action as is necessary to ensure such
reduction is implemented.
(c) Subsequent Schedule Increases.--Subsequent to any reduction in
operations under subsection (a) or (b) at an airport, if the
Administrator determines that the hourly number of aircraft operations
at that airport is less than the amount that can be handled safely and
efficiently, the Administrator shall ensure that priority is given to
United States air carriers in permitting additional aircraft operations
with respect to that hour.
SEC. 414. RONALD REAGAN WASHINGTON NATIONAL AIRPORT SLOT
EXEMPTIONS.
(a) Increase in Number of Slot Exemptions.--Section 41718 is amended
by adding at the end the following:
``(g) Additional Slot Exemptions.--
``(1) Increase in slot exemptions. <> --Not
later than 90 days after the date of enactment of the FAA
Modernization and Reform Act of 2012, the Secretary shall grant,
by order 16 exemptions from--
``(A) the application of sections 49104(a)(5),
49109, and 41714 to air carriers to operate limited
frequencies and aircraft on routes between Ronald Reagan
Washington National Airport and airports located beyond
the perimeter described in section 49109; and
``(B) the requirements of subparts K and S of part
93, Code of Federal Regulations.
``(2) New entrants and limited incumbents.--Of the slot
exemptions made available under paragraph (1), the Secretary
shall make 8 available to limited incumbent air carriers or new
entrant air carriers (as such terms are defined in section
41714(h)). Such exemptions shall be allocated pursuant to the
application process established by the Secretary under
subsection (d). The Secretary shall consider the extent to which
the exemptions will--
``(A) provide air transportation with domestic
network benefits in areas beyond the perimeter described
in section 49109;
``(B) increase competition in multiple markets;
``(C) not reduce travel options for communities
served by small hub airports and medium hub airports
within the perimeter described in section 49109;
``(D) not result in meaningfully increased travel
delays;
``(E) enhance options for nonstop travel to and from
the beyond-perimeter airports that will be served as a
result of those exemptions;
``(F) have a positive impact on the overall level of
competition in the markets that will be served as a
result of those exemptions; or
``(G) produce public benefits, including the
likelihood that the service to airports located beyond
the perimeter described in section 49109 will result in
lower fares, higher capacity, and a variety of service
options.
``(3) Improved network slots.--Of the slot exemptions made
available under paragraph (1), the Secretary shall make 8
available to incumbent air carriers qualifying for status as a
non-limited incumbent carrier at Ronald Reagan Washington
[[Page 91]]
National Airport as of the date of enactment of the FAA
Modernization and Reform Act of 2012. Each such non-limited
incumbent air carrier--
``(A) may operate up to a maximum of 2 of the newly
authorized slot exemptions;
``(B) prior to exercising an exemption made
available under paragraph (1), shall discontinue the use
of a slot for service between Ronald Reagan Washington
National Airport and a large hub airport within the
perimeter as described in section 49109, and operate, in
place of such service, service between Ronald Reagan
Washington National Airport and an airport located
beyond the perimeter described in section 49109;
``(C) shall be entitled to return of the slot by the
Secretary if use of the exemption made available to the
carrier under paragraph (1) is discontinued;
``(D) shall have sole discretion concerning the use
of an exemption made available under paragraph (1),
including the initial or any subsequent beyond perimeter
destinations to be served; and
``(E) <> shall file a notice of
intent with the Secretary and subsequent notices of
intent, when appropriate, to inform the Secretary of any
change in circumstances concerning the use of any
exemption made available under paragraph (1).
``(4) Notices of intent.--Notices of intent under paragraph
(3)(E) shall specify the beyond perimeter destination to be
served and the slots the carrier shall discontinue using to
serve a large hub airport located within the perimeter.
``(5) Conditions.--Beyond-perimeter flight operations
carried out by an air carrier using an exemption granted under
this subsection shall be subject to the following conditions:
``(A) An air carrier may not operate a multi-aisle
or widebody aircraft in conducting such operations.
``(B) An air carrier granted an exemption under this
subsection is prohibited from transferring the rights to
its beyond-perimeter exemptions pursuant to section
41714(j).
``(h) Scheduling Priority.--In administering this section, the
Secretary shall--
``(1) afford a scheduling priority to operations conducted
by new entrant air carriers and limited incumbent air carriers
over operations conducted by other air carriers granted
additional slot exemptions under subsection (g) for service to
airports located beyond the perimeter described in section
49109;
``(2) afford a scheduling priority to slot exemptions
currently held by new entrant air carriers and limited incumbent
air carriers for service to airports located beyond the
perimeter described in section 49109, to the extent necessary to
protect viability of such service; and
``(3) consider applications from foreign air carriers that
are certificated by the government of Canada if such
consideration is required by the bilateral aviation agreement
between the United States and Canada and so long as the
conditions and limitations under this section apply to such
foreign air carriers.''.
[[Page 92]]
(b) Hourly Limitation.--Section 41718(c)(2) is amended to read as
follows:
``(2) General exemptions.--
``(A) Hourly limitation.--The exemptions granted--
``(i) under subsections (a) and (b) and
departures authorized under subsection (g)(2) may
not be for operations between the hours of 10:00
p.m. and 7:00 a.m.; and
``(ii) under subsections (a), (b), and (g) may
not increase the number of operations at Ronald
Reagan Washington National Airport in any 1-hour
period during the hours between 7:00 a.m. and 9:59
p.m. by more than 5 operations.
``(B) Use of existing slots.--A non-limited
incumbent air carrier utilizing an exemption authorized
under subsection (g)(3) for an arrival permitted between
the hours of 10:01 p.m. and 11:00 p.m. under this
section shall discontinue use of an existing slot during
the same time period the arrival exemption is
operated.''.
(c) Limited Incumbent Definition.--Section 41714(h)(5) is amended--
(1) in subparagraph (A) by striking ``20'' and inserting
``40'';
(2) by amending subparagraph (B) to read as follows:
``(B) for purposes of such sections, the term `slot'
shall not include--
``(i) `slot exemptions';
``(ii) slots operated by an air carrier under
a fee-for-service arrangement for another air
carrier, if the air carrier operating such slots
does not sell flights in its own name, and is
under common ownership with an air carrier that
seeks to qualify as a limited incumbent and that
sells flights in its own name; or
``(iii) slots held under a sale and license-
back financing arrangement with another air
carrier, where the slots are under the marketing
control of the other air carrier; and''.
(d) Transfer of Exemptions.--Section 41714(j) is amended by striking
the period at the end and inserting ``, except through an air carrier
merger or acquisition.''.
(e) Definition of Airport Purposes.--Section 49104(a)(2)(A) is
amended--
(1) in clause (ii) by striking ``or'' at the end;
(2) in clause (iii) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) a business or activity not inconsistent
with the needs of aviation that has been approved
by the Secretary.''.
SEC. 415. PASSENGER AIR SERVICE IMPROVEMENTS.
(a) In General.--Subtitle VII is amended by inserting after chapter
421 the following:
[[Page 93]]
``CHAPTER 423--PASSENGER AIR SERVICE IMPROVEMENTS
``Sec.
``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.
``Sec. 42301. <> Emergency contingency plans
``(a) Submission of Air Carrier and Airport
Plans. <> --Not later than 90 days after the date of
enactment of this section, each of the following air carriers and
airport operators shall submit to the Secretary of Transportation for
review and approval an emergency contingency plan in accordance with the
requirements of this section:
``(1) An air carrier providing covered air transportation at
a commercial airport.
``(2) An operator of a commercial 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 airport at which the carrier provides
covered air transportation; and
``(B) each airport at which the carrier has flights
for which the carrier has primary responsibility for
inventory 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 adequate food, potable water, restroom
facilities, comfortable cabin temperatures, and access
to medical treatment for passengers onboard an aircraft
at the airport when the departure of a flight is delayed
or the disembarkation of passengers is delayed;
``(B) share facilities and make gates available at
the airport in an emergency; and
``(C) allow passengers to deplane following an
excessive tarmac delay in accordance with paragraph (3).
``(3) Deplaning following an excessive tarmac delay.--For
purposes of paragraph (2)(C), an emergency contingency plan
submitted by an air carrier under subsection (a) shall
incorporate the following requirements:
``(A) A passenger shall have the option to deplane
an aircraft and return to the airport terminal when
there is an excessive tarmac delay.
``(B) The option described in subparagraph (A) shall
be offered to a passenger even if a flight in covered
air transportation is diverted to a commercial airport
other than the originally scheduled airport.
``(C) Notwithstanding the requirements described in
subparagraphs (A) and (B), a passenger shall not have an
option to deplane an aircraft and return to the airport
terminal in the case of an excessive tarmac delay if--
[[Page 94]]
``(i) an air traffic controller with authority
over the aircraft advises the pilot in command
that permitting a passenger to deplane would
significantly disrupt airport operations; or
``(ii) the pilot in command determines that
permitting a passenger to deplane would jeopardize
passenger safety or security.
``(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 Protection.
``(d) <> Updates.--
``(1) Air carriers.--An air carrier shall update each
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 update each
emergency contingency plan submitted by 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
contingency plan submitted under subsection (a) or an update
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 emergencies and provide for the health and safety of
passengers.
``(2) Failure to approve or require modifications.--If the
Secretary fails to approve or require modifications to a plan or
update under paragraph (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 shall establish, as
necessary or desirable, minimum standards for elements in an emergency
contingency plan required to be submitted under this section.
``(g) Public Access. <> --An air carrier or
airport operator 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) Reports.--Not later than 30 days after any flight experiences
an excessive tarmac delay, the air carrier responsible for such flight
shall submit a written description of the incident and its resolution to
the Aviation Consumer Protection Division of the Department of
Transportation.
[[Page 95]]
``(i) <> Definitions.--In this section, the
following definitions apply:
``(1) Commercial airport.--The term `commercial airport'
means a large hub, medium hub, small hub, or nonhub airport.
``(2) 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.
``(3) 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.
``(4) Excessive tarmac delay.--The term `excessive tarmac
delay' means a tarmac delay that lasts for a length of time, as
determined by the Secretary.
``Sec. 42302. <> Consumer complaints
``(a) In General. <> --The Secretary of
Transportation shall establish a consumer complaints toll-free hotline
telephone number for the use of passengers in air transportation and
shall take actions to notify the public of--
``(1) that telephone number; and
``(2) the Internet Web site of the Aviation Consumer
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 designed has a passenger capacity of 30 or
more passenger seats shall include on the Internet Web site of the
carrier--
``(1) the hotline telephone number established under
subsection (a);
``(2) the e-mail 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.
``(c) Notice to Passengers on Boarding Documentation.--An air
carrier or foreign air carrier providing 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 purchase of a
passenger ticket for air transportation issued by the air
carrier.
``Sec. 42303. <> Use of insecticides in
passenger aircraft
``(a) Information To Be Provided on the Internet. <> --The Secretary of Transportation shall establish, and
make available
[[Page 96]]
to the general public, an Internet Web site that contains a listing of
countries that may require an air carrier or foreign air carrier to
treat an aircraft 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, foreign air carrier, or
ticket agent selling, in the United States, a ticket for a flight in
foreign air transportation 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 subsections (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 subtitle VII is amended by
inserting after the item relating to chapter 421 the following:
``423. Passenger Air Service Improvements.......................42301''.
Subtitle B--Essential Air Service
SEC. 421. LIMITATION ON ESSENTIAL AIR SERVICE TO LOCATIONS THAT
AVERAGE FEWER THAN 10 ENPLANEMENTS PER
DAY.
Section 41731 is amended--
(1) in subsection (a)(1) by amending subparagraph (B) to
read as follows:
``(B) had an average of 10 enplanements per
service day or more, as determined by the
Secretary, during the most recent fiscal year
beginning after September 30, 2012;'';
(2) by amending subsection (c) to read as follows:
``(c) Exception for Locations in Alaska and Hawaii.--Subparagraphs
(B), (C), and (D) of subsection (a)(1) shall not apply with respect to
locations in the State of Alaska or the State of Hawaii.'';
(3) by amending subsection (d) to read as follows:
``(d) Exceptions for Locations More Than 175 Driving Miles From the
Nearest Large or Medium Hub Airport.--Subsection (a)(1)(B) shall not
apply with respect to locations that are more than 175 driving miles
from the nearest large or medium hub airport.''; and
(4) by adding at the end the following:
``(e) Waivers.--For fiscal year 2013 and each fiscal year
thereafter, the Secretary may waive, on an annual basis, subsection
(a)(1)(B) with respect to a location if the location demonstrates to the
Secretary's satisfaction that the reason the location averages fewer
than 10 enplanements per day is due to a temporary decline in
enplanements.
``(f) Definition.--For purposes of subsection (a)(1)(B), the term
`enplanements' means the number of passengers enplaning, at an
[[Page 97]]
eligible place, on flights operated by the subsidized essential air
service carrier.''.
SEC. 422. ESSENTIAL AIR SERVICE ELIGIBILITY.
Section 41731(a)(1) is further amended--
(1) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(2) by adding at the end the following:
``(D) <> is a community that, at
any time during the period between September 30, 2010,
and September 30, 2011, inclusive--
``(i) received essential air service for which
compensation was provided to an air carrier under
this subchapter; or
``(ii) received a 90-day notice of intent to
terminate essential air service and the Secretary
required the air carrier to continue to provide
such service to the community.''.
SEC. 423. ESSENTIAL AIR SERVICE MARKETING.
Section 41733(c)(1) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) by striking ``and'' at the end of subparagraph (D); and
(3) by inserting after subparagraph (D) the following:
``(E) whether the air carrier has included a plan in its
proposal to market its services to the community; and''.
SEC. 424. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF
ELIGIBILITY FOR SUBSIDIZED ESSENTIAL AIR
SERVICE.
Section 41733 is amended by adding at the end the following:
``(f) Notice to Communities Prior to Termination of Eligibility.--
``(1) In general. <> --The Secretary shall
notify each community receiving basic essential air service for
which compensation is being paid under this subchapter on or
before the 45th day before issuing any final decision to end the
payment of such compensation due to a determination by the
Secretary that providing such service requires a rate of subsidy
per passenger in excess of the subsidy cap.
``(2) <> Procedures to avoid termination.--The
Secretary shall establish, by order, procedures by which each
community notified of an impending loss of subsidy under
paragraph (1) may work directly with an air carrier to ensure
that the air carrier is able to submit a proposal to the
Secretary to provide essential air service to such community for
an amount of compensation that would not exceed the subsidy cap.
``(3) <> Assistance provided.--The Secretary
shall provide, by order, information to each community notified
under paragraph (1) regarding--
``(A) the procedures established pursuant to
paragraph (2); and
``(B) the maximum amount of compensation that could
be provided under this subchapter to an air carrier
serving such community that would comply with basic
essential air service and the subsidy cap.''.
[[Page 98]]
SEC. 425. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED TO BE
INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR
SERVICE.
Section 41733 is further amended by adding at the end the following:
``(g) Proposals of State and Local Governments to Restore
Eligibility.--
``(1) In general.--If the Secretary, after the date of
enactment of this subsection, ends payment of compensation to an
air carrier for providing basic essential air service to an
eligible place because the Secretary has determined that
providing such service requires a rate of subsidy per passenger
in excess of the subsidy cap or that the place is no longer an
eligible place pursuant to section 41731(a)(1)(B), a State or
local government may submit to the Secretary a proposal for
restoring compensation for such service. Such proposal shall be
a joint proposal of the State or local government and an air
carrier.
``(2) Determination by secretary. <> --The
Secretary shall issue an order restoring the eligibility of the
otherwise eligible place to receive basic essential air service
by an air carrier for compensation under subsection (c) if--
``(A) a State or local government submits to the
Secretary a proposal under paragraph (1); and
``(B) the Secretary determines that--
``(i) the rate of subsidy per passenger under
the proposal does not exceed the subsidy cap;
``(ii) the proposal is likely to result in an
average number of enplanements per day that will
satisfy the requirement in section 41731(a)(1)(B);
and
``(iii) the proposal is consistent with the
legal and regulatory requirements of the essential
air service program.
``(h) Subsidy Cap Defined.--In this section, the term `subsidy cap'
means the subsidy-per-passenger cap established by section 332 of the
Department of Transportation and Related Agencies Appropriations Act,
2000 (Public Law 106-69; 113 Stat. 1022).''.
SEC. 426. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED
COSTS.
(a) <> Emergency Across-the-Board
Adjustment.--Subject to the availability of funds, the Secretary may
increase the rates of compensation payable to air carriers under
subchapter II of chapter 417 of title 49, United States Code, to
compensate such carriers for increased aviation fuel costs without
regard to any agreement or requirement relating to the renegotiation of
contracts or any notice requirement under section 41734 of such title.
(b) Expedited Process for Adjustments to Individual Contracts.--
(1) In general.--Section 41734(d) is amended by striking
``continue to pay'' and all that follows through ``compensation
sufficient--'' and inserting ``provide the carrier with
compensation sufficient--''.
(2) <> Effective
date.--The amendment made by paragraph (1) shall apply to
compensation to air carriers for air service provided after the
30th day following the date of enactment of this Act.
[[Page 99]]
(c) <> Subsidy Cap.--Subject to the
availability of funds, the Secretary may waive, on a case-by-case basis,
the subsidy-per-passenger cap established by section 332 of the
Department of Transportation and Related Agencies Appropriations Act,
2000 (Public Law 106-69; 113 Stat. 1022). A waiver issued under this
subsection shall remain in effect for a limited period of time, as
determined by the Secretary.
SEC. 427. ESSENTIAL AIR SERVICE CONTRACT GUIDELINES.
(a) Compensation Guidelines.--Section 41737(a)(1) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) in subparagraph (C) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(D) include provisions under which the Secretary may
encourage an air carrier to improve air service for which
compensation is being paid under this subchapter by
incorporating financial incentives in an essential air service
contract based on specified performance goals, including goals
related to improving on-time performance, reducing the number of
flight cancellations, establishing reasonable fares (including
joint fares beyond the hub airport), establishing convenient
connections to flights providing service beyond hub airports,
and increasing marketing efforts; and
``(E) include provisions under which the Secretary may
execute a long-term essential air service contract to encourage
an air carrier to provide air service to an eligible place if it
would be in the public interest to do so.''.
(b) <> Deadline for Issuance of Revised
Guidance.--Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall issue revised guidelines
governing the rate of compensation payable under subchapter II of
chapter 417 that incorporate the amendments made by this section.
(c) Update. <> --Not later than 2 years after the
date of issuance of revised guidelines pursuant to subsection (b), the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate an update of the
extent to which the revised guidelines have been implemented and the
impact, if any, such implementation has had on air carrier performance
and community satisfaction with air service for which compensation is
being paid under subchapter II of chapter 417.
SEC. 428. ESSENTIAL AIR SERVICE REFORM.
(a) Authorization of Appropriations.--Section 41742(a) is amended--
(1) in paragraph (1)--
(A) by inserting ``for each fiscal year'' before
``is authorized''; and
(B) by striking ``under this subchapter for each
fiscal year'' and inserting ``under this subchapter'';
and
(2) in paragraph (2) by striking ``and $54,699,454 for the
period beginning on October 1, 2011, and ending on February 17,
2012,'' and inserting ``, $143,000,000 for fiscal year 2012,
$118,000,000 for fiscal year 2013, $107,000,000 for fiscal year
2014, and $93,000,000 for fiscal year 2015''.
[[Page 100]]
(b) Distribution of Additional Funds.--Section 41742(b) is amended
to read as follows:
``(b) Distribution of Additional Funds.--Notwithstanding any other
provision of law, in any fiscal year in which funds credited to the
account established under section 45303, including the funds derived
from fees imposed under the authority contained in section 45301(a),
exceed the $50,000,000 made available under subsection (a)(1), such
funds shall be made available immediately for obligation and expenditure
to carry out the essential air service program under this subchapter.''.
(c) Availability of Funds.--Section 41742 is amended by adding at
the end the following:
``(c) Availability of Funds.--The funds made available under this
section shall remain available until expended.''.
SEC. 429. SMALL COMMUNITY AIR SERVICE.
(a) Priorities.--Section 41743(c)(5) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) in subparagraph (E) by striking ``fashion.'' and
inserting ``fashion; and''; and
(3) by adding at the end the following:
``(F) multiple communities cooperate to submit a
regional or multistate application to consolidate air
service into one regional airport.''.
(b) Extension of Authorization.--Section 41743(e)(2) is amended to
read as follows:
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $6,000,000 for each of
fiscal years 2012 through 2015 to carry out this section. Such
sums shall remain available until expended.''.
SEC. 430. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION
PROGRAM.
Section 41747, and the item relating to section 41747 in the
analysis for chapter 417, are repealed.
SEC. 431. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE ADJUSTMENT
ELIGIBILITY.
Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
``February 17, 2012.'' and inserting ``September 30, 2015.''.
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''.
(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 paragraph (1), a
national park that has 50 or fewer commercial air tour
[[Page 101]]
operations over the park each year shall be exempt from
the requirements of this section, except as provided in
subparagraph (B).
``(B) Withdrawal of exemption.--If the Director
determines that an air tour management plan or voluntary
agreement is necessary 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 covered
by the exemption provided under this paragraph.
``(ii) Notification of withdrawal of
exemption.--The Director shall inform 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 submit to the Administrator and the
Director a report each year that includes the number of
commercial air tour operations the operator conducted
during the preceding 1-year period over such park.''.
(c) Air Tour Management Plans.--Section 40128(b) is amended--
(1) in paragraph (1) by adding at the end the following:
``(C) Exception.--An application to begin commercial
air tour operations at Crater Lake National Park may be
denied without the establishment of an air tour
management plan by the Director of the National Park
Service if the Director determines that such operations
would adversely affect park resources or visitor
experiences.''; and
(2) 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 operating
authority) that has applied to conduct commercial air
tour operations over a national park to manage
commercial air tour operations over such national park.
``(B) Park protection.--A voluntary agreement under
this paragraph with respect to commercial air tour
operations over a national park shall address the
management issues necessary 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 voluntary
agreement; and
``(iii) provide for fees for such operations.
``(C) Public review. <> --The
Director and the Administrator shall provide an
opportunity for public review of a proposed voluntary
agreement under this paragraph and
[[Page 102]]
shall consult with any Indian tribe whose tribal lands
are, or may be, flown over by a commercial air tour
operator under a voluntary agreement under this
paragraph. After such opportunity for public review and
consultation, the voluntary agreement may be implemented
without further administrative or environmental process
beyond that described in this subsection.
``(D) Termination.--
``(i) In general.--A voluntary agreement under
this paragraph may be terminated 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
aviation safety or the national aviation
system.
``(ii) Effect of termination.--If a voluntary
agreement with respect to a national park is
terminated under this subparagraph, the operators
shall conform to the requirements for interim
operating authority under subsection (c) until an
air 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 interim
operating authority without further environmental review
beyond that described in this subsection, if--
``(i) adequate information regarding the
existing and proposed operations of the operator
under the interim operating authority 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 expertise
of the Director regarding the protection of the
resources, values, and visitor use and enjoyment
of the park.''; and
(2) in paragraph (3)(A) by striking ``if the Administrator
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 proposed
operations of the operator is provided to the
Administrator and the Director by the operator
making the request;
``(ii) the Administrator agrees that there
would be no adverse impact on aviation safety or
the air traffic control system; and
``(iii) the Director agrees, based on the
Director's professional expertise regarding the
protection of park resources and values and
visitor use and enjoyment.''.
(e) Operator Reports.--Section 40128 is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
[[Page 103]]
(2) by inserting after subsection (c) the following:
``(d) Commercial Air Tour Operator Reports.--
``(1) Report.--Each commercial air tour operator 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
agreement under subsection (b) shall submit to the Administrator
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 administering the
provisions of this section.
``(2) Report submission.--Not later than 90 days after the
date of enactment of the FAA Modernization and Reform Act of
2012, the Administrator and the Director shall jointly issue an
initial request for reports under this subsection. The reports
shall be submitted to the Administrator and the Director with a
frequency and in a format prescribed by the Administrator and
the Director.''.
SEC. 502. STATE BLOCK GRANT PROGRAM.
(a) General Requirements.--Section 47128(a) is amended--
(1) in the first sentence by striking ``prescribe
regulations'' and inserting ``issue guidance''; and
(2) in the second sentence by striking ``regulations'' 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 environmental requirements''.
(c) Environmental Analysis and Coordination Requirements.--Section
47128 is amended by adding at the end the following:
``(d) Environmental Analysis and Coordination
Requirements. <> --A Federal agency, other than the
Federal Aviation Administration, that is responsible for issuing an
approval, license, or permit to ensure compliance 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;
``(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 describe the
supplemental analysis the State must provide to meet applicable
Federal requirements.''.
SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.
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--
``(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;
[[Page 104]]
``(3) to conduct special studies or reviews to support
approved noise compatibility measures described in part 150 of
title 14, Code of Federal Regulations;
``(4) to conduct special studies or reviews to support
environmental mitigation in a record of decision or finding of
no significant impact by the Federal 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. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES.
Section 47504 is amended by adding at the end the following:
``(e) Grants for Assessment of Flight Procedures.--
``(1) In general.--In accordance with subsection (c)(1), the
Secretary may make a grant to an airport operator to assist in
completing environmental review and assessment activities for
proposals to implement flight procedures at such airport 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, including funds provided to the
operator under paragraph (1), to hire additional staff or obtain
the services of consultants in order to facilitate the timely
processing, review, and completion of environmental activities
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 collections.--
Notwithstanding section 3302 of title 31, any funds accepted
under this section--
``(A) shall be credited as offsetting collections 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 expended.''.
SEC. 505. 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 Secretary 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 likelihood that the property would be acquired for
the project, other than that due to physical deterioration within the
reasonable control of the owner.''.
[[Page 105]]
SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING
75,000 POUNDS OR LESS NOT COMPLYING WITH
STAGE 3 NOISE LEVELS.
(a) In General.--Subchapter II of chapter 475 is amended by adding
at the end the following:
``Sec. 47534. Prohibition on operating certain aircraft weighing
75,000 pounds or less not complying with stage
3 noise levels
``(a) <> Prohibition.--Except
as otherwise provided by this section, after December 31, 2015, a person
may not operate a civil subsonic jet airplane with a maximum weight of
75,000 pounds or less, and for which an airworthiness certificate (other
than an experimental certificate) 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 Contiguous 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 prohibited from operation under
subsection (a) to or from an airport in the contiguous United States by
granting a special 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.
``(5) To deliver the aircraft to an operator leasing the
aircraft from the owner or return the aircraft 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 airport 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 violation of section 47107 or
any regulations prescribed thereunder.
``(2) Pending applications.--Nothing in this section may be
construed as interfering with, nullifying, or otherwise
affecting determinations made by the Federal Aviation
Administration, or to be made by the Administration, with
respect to applications under part 161 of title 14, Code of
[[Page 106]]
Federal Regulations, that were pending on the date of enactment
of this section.''.
(b) Conforming Amendments.--
(1) Penalties.--Section 47531 is amended--
(A) in the section heading by striking ``for
violating sections 47528-47530''; and
(B) by striking ``47529, or 47530'' and inserting
``47529, 47530, or 47534''.
(2) Judicial review.--Section 47532 is amended by inserting
``or 47534'' after ``47528-47531''.
(3) Analysis.--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. 507. <> 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 Administration 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 Secretary 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
reduced fuel, reduced emissions, or other environmental benefits 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. 508. <> HIGH PERFORMANCE,
SUSTAINABLE, AND COST-EFFECTIVE AIR
TRAFFIC CONTROL FACILITIES.
The Administrator of the Federal Aviation Administration may
implement, to the extent practicable, sustainable practices for the
incorporation of energy-efficient design, equipment, systems, and other
measures in the construction and major renovation of air traffic control
facilities of the Administration in order to reduce energy consumption
at, improve the environmental performance of, and reduce the cost of
maintenance for such facilities.
SEC. 509. 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
[[Page 107]]
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
engaged 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 addressing aircraft greenhouse gas
emissions through ICAO; and
(3) officials of the United States Government, and
particularly the Secretary of Transportation and the
Administrator of the Federal Aviation Administration, 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 European Union Member States.
SEC. 510. <> AVIATION NOISE COMPLAINTS.
<> 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.
SEC. 511. PILOT PROGRAM FOR ZERO-EMISSION AIRPORT VEHICLES.
(a) In General.--Chapter 471 is amended by inserting after section
47136 the following:
``Sec. 47136a. <> Zero-emission airport
vehicles and infrastructure
``(a) In General.--The Secretary of Transportation may establish a
pilot program under which the sponsor of a public-use airport may use
funds made available under section 47117 or section 48103 for use at
such airport to carry out activities associated with the acquisition and
operation of zero-emission vehicles (as defined in section 88.102-94 of
title 40, Code of Federal Regulations), including the construction or
modification of infrastructure to facilitate the delivery of fuel and
services necessary for the use of such vehicles.
``(b) Location in Air Quality Nonattainment Areas.--
``(1) In general.--A public-use airport may be eligible for
participation in the program only if the airport is located in a
nonattainment area (as defined in section 171 of the Clean Air
Act (42 U.S.C. 7501)).
``(2) Shortage of applicants.--If the Secretary receives an
insufficient number of applications from public-use airports
located in such areas, the Secretary may permit public-use
airports that are not located in such areas to participate in
the program.
``(c) Selection Criteria.--In selecting from among applicants for
participation in the program, the Secretary shall give priority
consideration to applicants that will achieve the greatest air quality
benefits measured by the amount of emissions reduced per dollar of funds
expended under the program.
[[Page 108]]
``(d) Federal Share.--Notwithstanding any other provision of this
subchapter, the Federal share of the costs of a project carried out
under the program shall be 50 percent.
``(e) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport
carrying out activities funded under the program may not use
more than 10 percent of the amounts made available under the
program in any fiscal year for technical assistance in carrying
out such activities.
``(2) Use of university transportation center.--Participants
in the program may use a university transportation center
receiving grants under section 5506 in the region of the airport
to receive the technical assistance described in paragraph (1).
``(f) Materials Identifying Best Practices.--The Secretary may
develop and make available materials identifying best practices for
carrying out activities funded under the program based on projects
carried out under section 47136 and other sources.''.
(b) Report on Effectiveness of Program.--Not later than 18 months
after the date of enactment of this Act, the Secretary of Transportation
shall submit to the Committee on Science, Space, and Technology and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing--
(1) an evaluation of the effectiveness of the program
established by section 47136a of title 49, United States Code
(as added by this section);
(2) the performance measures used to measure such
effectiveness, such as the goals for the projects implemented
and the amount of emissions reduction achieved through these
projects;
(3) an assessment of the sufficiency of the data collected
during the program to make a decision on whether or not to
implement the program;
(4) an identification of all public-use airports that
expressed an interest in participating in the program; and
(5) a description of the mechanisms used by the Secretary to
ensure that the information and expertise gained by participants
in the program is transferred among the participants and to
other interested parties, including other public-use airports.
(c) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 47136 the following:
``47136a. Zero-emission airport vehicles and infrastructure.''.
(d) Technical Amendment.--Section 47136(f)(2) is amended--
(1) in the paragraph heading by striking ``Eligible
consortium'' and inserting ``University transportation center'';
and
(2) by striking ``an eligible consortium'' and inserting ``a
university transportation center''.
[[Page 109]]
SEC. 512. INCREASING THE ENERGY EFFICIENCY OF AIRPORT POWER
SOURCES.
(a) In General.--Chapter 471 is amended by inserting after section
47140 the following:
``Sec. 47140a. <> Increasing the energy
efficiency of airport power sources
``(a) In General.--The Secretary of Transportation shall establish a
program under which the Secretary shall encourage the sponsor of each
public-use airport to assess the airport's energy requirements,
including heating and cooling, base load, back-up power, and power for
on-road airport vehicles and ground support equipment, in order to
identify opportunities to increase energy efficiency at the airport.
``(b) Grants.--
``(1) In general.--The Secretary may make grants from
amounts made available under section 48103 to assist airport
sponsors that have completed the assessment described in
subsection (a) to acquire or construct equipment, including
hydrogen equipment and related infrastructure, that will
increase energy efficiency at the airport.
``(2) Application.--To be eligible for a grant under
paragraph (1), the sponsor of a public-use airport shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 47140 the following:
``47140a. Increasing the energy efficiency of airport power sources.''.
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL 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 representative of the employees, the
Administrator and the bargaining representative--
``(i) shall use the services of the Federal
Mediation and Conciliation Service to attempt to
reach such agreement in accordance with part 1425
of title 29, Code of Federal Regulations (as in
effect on the date of enactment of the FAA
Modernization and Reform Act of 2012); or
``(ii) may by mutual agreement adopt
alternative procedures for the resolution of
disputes or impasses arising in the negotiation of
the collective-bargaining agreement.
[[Page 110]]
``(B) Mid-term bargaining.--If the services 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 Impasses 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 controversy arising from
the negotiation of a term collective-bargaining
agreement, the Administrator and the exclusive
bargaining 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 selected.
If either of the parties fails to select a person
or if the 2 arbitrators are unable to agree on the
third person in 7 days, the parties shall make the
selection by alternately striking names on the
list until one arbitrator remains.
``(iii) Framing issues in controversy.--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 representative as they may elect.
``(v) Decisions. <> --The
arbitration board shall render its decision within
90 days after the date of its appointment.
Decisions of the arbitration board shall be
conclusive and binding upon the parties.
``(vi) Matters for consideration.--The
arbitration board shall take into consideration
such factors as--
[[Page 111]]
``(I) the effect of its arbitration
decisions on the Federal Aviation
Administration's ability to attract and
retain a qualified workforce;
``(II) the effect of its arbitration
decisions on the Federal Aviation
Administration's budget; and
``(III) 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
decided by an arbitration board, shall be subject to
ratification by the exclusive bargaining representative of the
employees, if so requested by the bargaining representative, and
the final agreement shall be subject to approval by the head of
the agency in accordance with the provisions referred to in
subsection (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 Distinguished
Executive rank awards) and subsections (b) and (c) of
section 4507a (relating to Meritorious Senior
Professional or Distinguished Senior Professional rank
awards), except 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 Administration
executive;
``(III) the term `career appointee'
means a Federal Aviation Administration
career executive; and
``(IV) the term `senior career
employee' means a Federal Aviation
Administration career senior
professional;
``(ii) receipt by a career appointee or a
senior career employee of the rank of Meritorious
Executive or Meritorious Senior 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
Executive 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
[[Page 112]]
Aviation Administration Executive Compensation
Plan.''.
SEC. 603. COLLEGIATE TRAINING INITIATIVE STUDY.
(a) Study.--The Comptroller General of the United States 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.
(b) Contents.--The study shall analyze the impact of providing as an
alternative to the current training provided at the Mike Monroney
Aeronautical Center of the Federal Aviation Administration a new air
traffic controller orientation session at such Center for graduates of
CTI programs followed by on-the-job training for such new 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 training 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 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. 604. 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 performed by
frontline managers, including employee development, management,
and counseling;
(2) the number of supervisory positions of operation
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 responsibilities;
(6) proficiency and training requirements; and
(7) such other factors as the Administrator considers
appropriate.
(c) Participation.--The Administrator shall ensure the participation
of frontline managers who currently work in safety-related operational
areas of the Administration.
(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 Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
[[Page 113]]
Representatives a report on the results of the study and a description
of any determinations submitted to the Chief Operating Officer under
subsection (d).
(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.
SEC. 605. 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 training
strategy and improvement plan for FAA systems
specialists;
(B) recommendations to improve the technical
training strategy and improvement plan needed by FAA
systems specialists to be proficient in the maintenance
of the latest technologies;
(C) a description of actions that the Administration
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 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 Federal 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 estimate staffing needs for FAA systems
specialists to ensure proper maintenance and certification of
the national airspace system.
(2) Consultation.--In conducting the study, the National
Academy of Sciences shall--
(A) consult with the exclusive bargaining
representative certified under section 7111 of title 5,
United States Code; and
(B) <> include
recommendations for objective staffing standards that
maintain the safety of the national airspace system.
(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.
SEC. 606. <> SAFETY CRITICAL STAFFING.
(a) <> In General.--Not later than October 1, 2012,
the Administrator of the Federal Aviation Administration shall
implement, in as cost-effective a manner as possible, the staffing model
for aviation
[[Page 114]]
safety inspectors 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 the exclusive
bargaining representative for aviation safety inspectors certified under
section 7111 of title 5, United States Code.
(b) Report.--Not later than January 1 of each year beginning after
September 30, 2012, 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,
the staffing model described in subsection (a).
SEC. 607. AIR TRAFFIC CONTROL SPECIALIST QUALIFICATION TRAINING.
Section 44506 is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Air Traffic Control Specialist Qualification Training.--
``(1) Appointment of air traffic control specialists.--The
Administrator is authorized to appoint a qualified air traffic
control specialist candidate for placement in an airport traffic
control facility if the candidate has--
``(A) received a control tower operator
certification (referred to in this subsection as a `CTO'
certificate); and
``(B) satisfied all other applicable qualification
requirements for an air traffic control specialist
position, including successful completion of orientation
training at the Federal Aviation Administration Academy.
``(2) Compensation and benefits.--An individual appointed
under paragraph (1) shall receive the same compensation and
benefits, and be treated in the same manner as, any other
individual appointed as a developmental air traffic controller.
``(3) Report.--Not later than 2 years after the date of
enactment of the FAA Modernization and Reform Act of 2012, the
Administrator shall submit to Congress a report that evaluates
the effectiveness of the air traffic control specialist
qualification training provided pursuant to this section,
including the graduation rates of candidates who received a CTO
certificate and are working in airport traffic control
facilities.
``(4) <> Additional appointments.--If
the Administrator determines that air traffic control
specialists 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 certification, the Administrator
shall increase, to the maximum extent practicable, the number of
appointments of candidates who possess such certification.
``(5) Reimbursement for travel expenses associated with
certifications.--
``(A) In general.--Subject to subparagraph (B), the
Administrator may accept reimbursement from an
educational entity that provides training to an air
traffic control specialist candidate to cover reasonable
travel expenses
[[Page 115]]
of the Administrator associated with issuing
certifications to such candidates.
``(B) Treatment of reimbursements.--Notwithstanding
section 3302 of title 31, any reimbursement authorized
to be collected under subparagraph (A) shall--
``(i) be credited as offsetting collections to
the account that finances the activities and
services for which the reimbursement 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 collecting such reimbursement; and
``(iii) remain available until expended.''.
SEC. 608. 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 Administration 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 Aviation 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 airspace system in the most
cost effective manner.
(b) Consultation.--In conducting the study, the National Academy of
Sciences shall consult with the exclusive bargaining representative of
employees of the FAA certified under section 7111 of title 5, United
States Code, and other interested parties, including Government and
industry representatives.
(c) Contents.--The study shall include--
(1) an examination of representative information on
productivity, human factors, traffic activity, and improved
technology and equipment used in air traffic control;
(2) an examination of recent National Academy of Sciences
reviews of the complexity model performed by MITRE Corporation
that support the staffing standards models for the en route air
traffic control environment; and
(3) consideration of the Administration's current and
estimated budgets and the most cost-effective staffing model to
best leverage available funding.
(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. 609. AIR TRAFFIC CONTROLLER TRAINING AND SCHEDULING.
(a) <> Training Strategy and Improvement Plan.--The
Administrator of the Federal Aviation 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.
(1) Contents.--The study shall include--
(A) a review of the current training system for air
traffic controllers, including the technical training
strategy and improvement plan;
[[Page 116]]
(B) an analysis of the competencies required of air
traffic controllers for successful performance in the
current and future projected air traffic control
environment;
(C) an analysis of the competencies projected to be
required of air traffic controllers as the Federal
Aviation Administration transitions to the Next
Generation Air Transportation System;
(D) an analysis of various training approaches
available to satisfy the air traffic controller
competencies identified under subparagraphs (B) and (C);
(E) recommendations to improve the current training
system for air traffic controllers, including the
technical training strategy and improvement plan; and
(F) the most cost-effective approach to provide
training to air traffic controllers.
(2) Report.--Not later than 270 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.
(b) <> Facility Training Program.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall conduct a
comprehensive review and evaluation of its Academy and facility training
efforts. The Administrator shall--
(1) clarify responsibility for oversight and direction of
the Academy's facility training program at the national level;
(2) communicate information concerning that responsibility
to facility managers; and
(3) <> establish standards to identify the
number of developmental air traffic controllers that can be
accommodated at each facility, based on--
(A) the number of available on-the-job training
instructors;
(B) available classroom space;
(C) the number of available simulators;
(D) training requirements; and
(E) the number of recently placed new personnel
already in training.
(c) <> Air Traffic Controller
Scheduling.--Not later than 60 days after the date of enactment of this
Act, the Inspector General of the Department of Transportation shall
conduct an assessment of the Federal Aviation Administration's air
traffic controller scheduling practices.
(1) Contents.--The assessment shall include, at a minimum--
(A) an analysis of how air traffic controller
schedules are determined;
(B) an evaluation of how safety is taken into
consideration when schedules are being developed and
adopted;
(C) an evaluation of scheduling practices that are
cost effective to the Government;
(D) an examination of how scheduling practices
impact air traffic controller performance; and
(E) any recommendations the Inspector General may
have related to air traffic controller scheduling
practices.
[[Page 117]]
(2) Report.--Not later than 120 days after the date of
enactment of this Act, the Inspector General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
assessment conducted under this subsection.
SEC. 610. FAA FACILITY CONDITIONS.
(a) <> Study.--The Comptroller General of the United
States shall conduct a study of and review--
(1) the conditions of a sampling of Federal Aviation
Administration facilities across the United States, including
offices, towers, centers, and terminal radar air control;
(2) reports from employees of the Administration relating to
respiratory ailments and other health conditions resulting from
exposure to mold, asbestos, poor air quality, radiation, and
facility-related hazards in facilities of the Administration;
(3) conditions of such facilities that could interfere 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 remediation for unsafe
facility conditions;
(5) whether employees of the Administration who report
facility-related illnesses are treated appropriately;
(6) utilization of scientifically approved remediation
techniques to mitigate hazardous conditions in accordance with
applicable State and local regulations and Occupational Safety
and Health Administration practices by the Administration; and
(7) resources allocated to facility maintenance and
renovation by the Administration.
(b) <> Facility Condition Indices.--The Comptroller
General shall review the facility condition indices of the
Administration for inclusion in the recommendations under subsection
(c).
(c) Recommendations.--Based on the results of the study and review
of facility condition indices under subsection (a), the Comptroller
General shall make such recommendations as the Comptroller General
considers necessary--
(1) to prioritize those facilities needing the most
immediate attention based on risks to employee health and
safety;
(2) to ensure that the Administration is using
scientifically approved remediation techniques in all
facilities; and
(3) to assist the Administration in making programmatic
changes so that aging facilities do not deteriorate 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 Commerce, 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).
SEC. 611. TECHNICAL CORRECTION.
Section 40122(g)(3) is amended by adding at the end the following:
``Notwithstanding any other provision of law, retroactive to April 1,
1996, the Board shall have the same remedial authority over such
employee appeals that it had as of March 31, 1996.''.
[[Page 118]]
TITLE VII--AVIATION INSURANCE
SEC. 701. GENERAL AUTHORITY.
<> 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 extend through December 31, 2013, the termination date''.
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 December 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 carrier''.
SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.
The second sentence of section 44308(c)(1) is amended by striking
``agent'' and inserting ``agent, or a claims adjuster who is independent
of the underwriting agent,''.
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 disclosures that
the Administrator may make from the systems of records of the
Administration to any Federal law enforcement, intelligence, protective
service, immigration, or national security official in order to assist
the official receiving the information in the performance of official
duties.''.
SEC. 802. FAA AUTHORITY TO CONDUCT CRIMINAL HISTORY RECORD CHECKS.
(a) In General.--Chapter 401 is amended by adding at the end the
following:
``Sec. 40130. <> FAA authority to conduct
criminal history record checks
``(a) Criminal History Background Checks.--
``(1) Access to information.--The Administrator of the
Federal Aviation Administration, for certification purposes of
the Administration only, is authorized--
``(A) to conduct, in accordance with the established
request process, a criminal history background check of
an airman in the criminal repositories of the Federal
Bureau of Investigation and States by submitting
positive identification of the airman to a fingerprint-
based repository in compliance with section 217 of the
National Crime Prevention and Privacy Compact Act of
1998 (42 U.S.C. 14616); and
[[Page 119]]
``(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 Administrator 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 noncriminal 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 fingerprint-based checks under this
subsection, to be used for expenses incurred, including Federal
Bureau of Investigation fees, in providing these services.
``(b) Designated Employees.--The Administrator shall designate, by
order, employees of the Administration who may carry out the authority
described in subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 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 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(A) by inserting ``chapter 451,''
before ``section 47107(b)'';
(2) in subsection (a)(5)(A)(i)--
(A) by striking ``or chapter 449'' and inserting
``chapter 449''; and
(B) by inserting after ``44909)'' the following: ``,
or chapter 451'';
(3) in subsection (d)(2)--
(A) in the first sentence--
(i) by striking ``44723) or'' and inserting
the following: ``44723), chapter 451,'';
(ii) by striking ``46302'' and inserting
``section 46302''; and
(iii) by striking ``46318, or 47107(b)'' and
inserting ``section 46318, section 46319, or
section 47107(b)''; and
(B) in the second sentence--
(i) by striking ``46302'' and inserting
``section 46302'';
(ii) by striking ``46303,'' and inserting ``or
section 46303 of this title''; and
(iii) by striking ``such chapter 449'' and
inserting ``any of those provisions''; and
(4) in subsection (f)(1)(A)(i)--
(A) by striking ``or chapter 449'' and inserting
``chapter 449''; and
(B) by inserting after ``44909)'' the following: ``,
or chapter 451''.
SEC. 804. <> CONSOLIDATION AND
REALIGNMENT OF FAA SERVICES AND
FACILITIES.
(a) National Facilities Realignment and Consolidation Report.--
[[Page 120]]
(1) In general.--The Administrator of the Federal Aviation
Administration shall develop a report, to be known as the
National Facilities Realignment and Consolidation Report, in
accordance with the requirements of this subsection.
(2) Purpose.--The purpose of the report shall be--
(A) to support the transition to the Next Generation
Air Transportation System; and
(B) to reduce capital, operating, maintenance, and
administrative costs of the FAA where such cost
reductions can be implemented without adversely
affecting safety.
(3) Contents.--The report shall include--
(A) recommendations of the Administrator on
realignment and consolidation of services and facilities
(including regional offices) of the FAA; and
(B) for each of the recommendations, a description
of--
(i) the Administrator's justification;
(ii) the projected costs and savings; and
(iii) the proposed timing for implementation.
(4) Input.--The report shall be developed by the
Administrator (or the Administrator's designee)--
(A) in coordination with the Chief NextGen Officer
and the Chief Operating Officer of the Air Traffic
Organization of the FAA; and
(B) with the participation of--
(i) representatives of labor organizations
representing operations and maintenance employees
of the air traffic control system; and
(ii) industry stakeholders.
(5) Submission to congress.--Not later than 120 days after
the date of enactment of this Act, the Administrator shall
submit the report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
(6) <> Public notice
and comment.--The Administrator shall publish the report in the
Federal Register and allow 45 days for the submission of public
comments.
(b) Report to Congress Containing Recommendations of
Administrator.--Not later than 60 days after the last day of the period
for public comment under subsection (a)(6), the Administrator shall
submit to the committees specified in subsection (a)(5)--
(1) a report containing the recommendations of the
Administrator on realignment and consolidation of services and
facilities (including regional offices) of the FAA; and
(2) <> copies of any public comments
received by the Administrator under subsection (a)(6).
(c) Realignment and Consolidation of FAA Services and Facilities.--
Except as provided in subsection (d), the Administrator shall realign
and consolidate the services and facilities of the FAA in accordance
with the recommendations included in the report submitted under
subsection (b).
(d) Congressional Disapproval.--
(1) <> In general.--The Administrator
may not carry out a recommendation for realignment or
consolidation of services or facilities of the FAA that is
included in the report submitted under subsection (b) if a joint
resolution of disapproval is
[[Page 121]]
enacted disapproving such recommendation before the earlier of--
(A) the last day of the 30-day period beginning on
the date of submission of the report; or
(B) the adjournment of Congress sine die for the
session during which the report is transmitted.
(2) Computation of 30-day period.--For purposes of paragraph
(1)(A), the days on which either House of Congress is not in
session because of an adjournment of more than 3 days to a day
certain shall be excluded in computation of the 30-day period.
(e) Definitions.--In this section, the following definitions apply:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) Realignment; consolidation.--
(A) In general.--The terms ``realignment'' and
``consolidation'' include any action that--
(i) relocates functions, services, or
personnel positions;
(ii) discontinues or severs existing facility
functions or services; or
(iii) combines the results described in
clauses (i) and (ii).
(B) Exclusion.--The terms do not include a reduction
in personnel resulting from workload adjustments.
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 feasibility 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.
SEC. 806. <> CONSOLIDATION OR
ELIMINATION OF OBSOLETE, REDUNDANT, OR
OTHERWISE UNNECESSARY REPORTS; USE OF
ELECTRONIC MEDIA FORMAT.
(a) Consolidation or Elimination of Reports.--Not later than 2 years
after the date of enactment of this Act, and every 2 years thereafter,
the Administrator of the Federal Aviation Administration shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report containing--
(1) a list of obsolete, redundant, or otherwise unnecessary
reports the Administration is required by law to submit to
Congress or publish that the Administrator recommends
eliminating or consolidating with other reports; and
[[Page 122]]
(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 a printed format; and
(B) shall publish any such report by posting it on
the Administration's Internet Web site in an easily
accessible and downloadable electronic format.
(2) <> Exception.--Paragraph (1) does
not apply to any report with respect to which the Administrator
determines that--
(A) its publication in a printed format is essential
to the mission of the 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 security, as
determined by the Administrator.
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 individual
then serving in Congress as a Member, Delegate, 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 of
the United States shall conduct a study and report to Congress on the
impact 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 assessment 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 repair 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.
SEC. 809. WIND TURBINE LIGHTING.
(a) Study.--The Administrator of the Federal Aviation Administration
shall conduct a study on wind turbine lighting systems.
(b) Contents.--In conducting the study, the Administrator shall
examine the following:
[[Page 123]]
(1) The aviation safety issues associated with alternative
lighting strategies, technologies, and regulations.
(2) The feasibility of implementing alternative lighting
strategies or technologies to improve aviation 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 of the
United States shall initiate a study regarding--
(1) existing airline and intercity passenger rail code
sharing arrangements; and
(2) the feasibility, costs to taxpayers and other parties,
and benefits of increasing the intermodal connectivity of
airline and intercity passenger rail facilities 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 operations that can
improve connectivity between airports and intercity passenger
rail facilities and stations;
(3) the experience of other countries with respect to
airport and intercity passenger rail connectivity; and
(4) such other issues the Comptroller General considers
appropriate.
(c) Report.--Not later than 1 year after initiating the study
required by subsection (a), the Comptroller General shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the study, including any
conclusions of the Comptroller General 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 Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a plan
for the D.C. Metropolitan Area Special Flight Rules Area.
(b) Contents of Plan.--The plan shall outline specific changes to
the D.C. Metropolitan Area Special Flight Rules Area that will decrease
operational impacts and improve general aviation access to airports in
the National Capital Region that are currently impacted by the zone.
[[Page 124]]
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 within the Administration, including
the Air Traffic Organization, to identify--
(1) duplicative positions, programs, roles, or offices;
(2) wasteful practices;
(3) redundant, obsolete, or unnecessary functions;
(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 findings under subsection (a), including--
(1) consolidating, phasing-out, or eliminating duplicative
positions, programs, roles, or offices;
(2) eliminating or streamlining wasteful practices;
(3) eliminating or phasing-out redundant, obsolete, or
unnecessary functions;
(4) reforming and streamlining inefficient processes so that
the activities of the Administration are completed in an
expedited and efficient manner; and
(5) reforming or eliminating ineffectual or outdated
policies.
(c) Authority.--Notwithstanding any other provision 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 recommendations for legislative or administrative actions.
SEC. 813. <> USE OF MINERAL REVENUE AT
CERTAIN AIRPORTS.
(a) In General.--Notwithstanding any other provision of law, the
Administrator of the Federal Aviation Administration may declare certain
revenue derived from or generated by mineral extraction, production,
lease, or other means at a general aviation airport to be revenue
greater than the amount needed to carry out the 5-year projected
maintenance needs of the airport in order to comply with the applicable
design and safety standards of the Administration.
(b) Use of Revenue.--An airport sponsor that is in compliance with
the conditions under subsection (c) may allocate revenue identified by
the Administrator under subsection (a) for Federal, State, or local
transportation infrastructure projects carried out by the airport
sponsor or by a governing body within the geographical limits of the
airport sponsor's jurisdiction.
(c) <> Conditions.--An airport
sponsor may not allocate revenue identified by the Administrator under
subsection (a) unless the airport sponsor--
(1) enters into a written agreement with the Administrator
that sets forth a 5-year capital improvement program for the
airport, which--
(A) includes the projected costs for the operation,
maintenance, and capacity needs of the airport in order
[[Page 125]]
to comply with applicable design and safety standards of
the Administration; and
(B) appropriately adjusts such costs to account for
inflation;
(2) agrees in writing--
(A) <> 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, during the 5-year period of the
capital improvement plan described in paragraph (1);
(B) to perpetually comply with sections 47107(b) and
47133 of such title, unless granted specific exceptions
by the Administrator in accordance with this section;
and
(C) to operate the airport as a public-use airport,
unless the Administrator specifically grants a request
to allow the airport to close; and
(3) complies with all grant assurance obligations in effect
as of the date of the enactment of this Act during the 20-year
period beginning on the date of enactment of this Act.
(d) <> Completion of Determination.--
Not later than 90 days after receiving an airport sponsor's application
and requisite supporting documentation to declare that certain mineral
revenue is not needed to carry out the 5-year capital improvement
program at such airport, the Administrator shall determine whether the
airport sponsor's request should be granted. The Administrator may not
unreasonably deny an application under this subsection.
(e) <> Rulemaking.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall promulgate
regulations to carry out this section.
(f) General Aviation Airport Defined.--In this section, the term
``general aviation airport'' has the meaning given that term in section
47102 of title 49, United States Code, as amended by this Act.
SEC. 814. <> CONTRACTING.
When drafting contract proposals for training facilities under the
general contracting authority of the Federal Aviation Administration,
the Administrator of the Federal Aviation Administration shall ensure--
(1) the proposal is drafted so that all parties can fairly
compete; and
(2) the proposal takes into consideration the most cost-
effective location, accessibility, and services options.
SEC. 815. FLOOD PLANNING.
(a) <> Study.--The Administrator of the
Federal Aviation Administration, in consultation with the Administrator
of the Federal Emergency Management Agency, shall conduct a review and
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the state of preparedness and
response capability for airports located in flood plains to respond to
and seek assistance in rebuilding after catastrophic flooding.
(b) Eligibility of Demolition and Rebuilding of Properties.--Section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(e))
is amended by adding at the end the following:
[[Page 126]]
``(6) Eligibility of demolition and rebuilding of
properties.--The Director shall consider as an eligible activity
the demolition and rebuilding of properties to at least base
flood levels or higher, if required by the Director or if
required by any State or local ordinance, and in accordance with
project implementation criteria established by the Director.''.
SEC. 816. <> HISTORICAL AIRCRAFT
DOCUMENTS.
(a) Preservation of Documents.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall take such actions 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 numbers ATC 1
through ATC 713; and
(B) Group-2 approved aircraft type certificate
numbers 2-1 through 2-544.
(2) <> Revision of order.--Not later than 3
years after the date of enactment of this Act, the Administrator
shall revise FAA Order 1350.15C, Item Number 8110. Such revision
shall prohibit the destruction of the historical aircraft
documents identified in paragraph (1).
(3) Consultation.--The Administrator may carry out paragraph
(1) in consultation with the Archivist of the United States and
the Administrator of General Services.
(b) Availability of Documents.--
(1) Freedom of information act requests.--The Administrator
shall make the documents to be preserved under subsection (a)(1)
available 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 financial 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 section 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 or for the Federal Aviation
Administration, 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 employees, or any firm, person, corporation, or
insurer related 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 certificate identified in subsection
(a)(1) shall only be responsible for Federal Aviation
Administration regulation requirements related to type
certificate data and documents identified in subsection (a)(1)
for aircraft having
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a standard airworthiness certificate issued prior to the date
the documents are released to a person by the Federal Aviation
Administration under subsection (b)(1).
SEC. 817. <> RELEASE FROM RESTRICTIONS.
(a) In General.--Subject to subsection (b), the Secretary of
Transportation is authorized to grant to an airport, city, or county a
release from any of the terms, conditions, reservations, or restrictions
contained in a deed under which the United States conveyed to the
airport, city, or county an interest in real property for airport
purposes pursuant to section 16 of the Federal Airport Act (60 Stat.
179) or section 23 of the Airport and Airway Development Act of 1970 (84
Stat. 232).
(b) Condition.--Any release granted by the Secretary 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 real property which the United
States conveyed to the airport, city, or county, the airport,
city, or county will receive consideration for such interest
that is equal to its fair market value.
(2) Any consideration 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 Secretary.
SEC. 818. SENSE OF CONGRESS.
It is the sense of Congress that Los Angeles World Airports, the
operator of Los Angeles International Airport (LAX)--
(1) should consult on a regular basis with representatives
of the community surrounding the airport 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 organization,
the membership of which includes at least 100 individuals who
reside within 10 miles of the airport, that notifies Los Angeles
World Airports of its desire to be included in such
consultations.
SEC. 819. <> HUMAN INTERVENTION
MOTIVATION STUDY.
<> Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall develop a Human Intervention Motivation Study
program for cabin crew members employed by commercial air carriers in
the United States.
SEC. 820. STUDY OF AERONAUTICAL MOBILE TELEMETRY.
<> Not later than 180 days after the date
of enactment of this Act, the Administrator of the Federal Aviation
Administration, in consultation with other Federal agencies, shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology and the
Committee on Energy and Commerce of the House of Representatives a
report that identifies--
(1) the current and anticipated, with respect to the next
decade, need by civil aviation, including equipment
manufacturers, for aeronautical mobile telemetry services; and
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(2) the potential impact to the aerospace industry of the
introduction of a new radio service that operates in the same
spectrum allocated to the aeronautical mobile telemetry service.
SEC. 821. <> CLARIFICATION OF
REQUIREMENTS FOR VOLUNTEER PILOTS
OPERATING CHARITABLE MEDICAL FLIGHTS.
(a) Reimbursement of Fuel Costs.--Notwithstanding any other law or
regulation, in administering section 61.113(c) of title 14, Code of
Federal Regulations (or any successor regulation), the Administrator of
the Federal Aviation Administration shall allow an aircraft owner or
operator to accept reimbursement from a volunteer pilot organization for
the fuel costs associated with a flight operation to provide
transportation for an individual or organ for medical purposes (and for
other associated individuals), if the aircraft owner or operator has--
(1) volunteered to provide such transportation; and
(2) notified any individual that will be on the flight, at
the time of inquiry about the flight, that the flight operation
is for charitable purposes and is not subject to the same
requirements as a commercial flight.
(b) Conditions to Ensure Safety.--The Administrator may impose
minimum standards with respect to training and flight hours for single-
engine, multi-engine, and turbine-engine operations conducted by an
aircraft owner or operator that is being reimbursed for fuel costs by a
volunteer pilot organization, including mandating that the pilot in
command of such aircraft hold an instrument rating and be current and
qualified for the aircraft being flown to ensure the safety of flight
operations described in subsection (a).
(c) <> Volunteer Pilot Organization.--In this
section, the term ``volunteer pilot organization'' means an organization
that--
(1) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from taxation under section
501(a) of such Code; and
(2) is organized for the primary purpose of providing,
arranging, or otherwise fostering charitable medical
transportation.
SEC. 822. <> PILOT PROGRAM FOR
REDEVELOPMENT OF AIRPORT PROPERTIES.
(a) <> In General.--Not later than 1 year after the
date of enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a pilot program under which operators of
up to 4 public-use airports may receive grants for activities related to
the redevelopment of airport properties in accordance with the
requirements of this section.
(b) Grants.--Under the pilot program, the Administrator may make a
grant in a fiscal year, from funds made available for grants under
section 47117(e)(1)(A) of title 49, United States Code, to an airport
operator for a project--
(1) to support joint planning, engineering, design, and
environmental permitting of projects, including the assembly and
redevelopment of property purchased with noise mitigation funds
made available under section 48103 of such title or passenger
facility revenue collected under section 40117 of such title;
and
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(2) to encourage airport-compatible land uses and generate
economic benefits to the local airport authority and adjacent
community.
(c) Eligibility.--An airport operator shall be eligible to
participate in the pilot program if--
(1) the operator has received approval for a noise
compatibility program under section 47504 of such title; and
(2) the operator demonstrates, as determined by the
Administrator--
(A) a readiness to implement cooperative land use
management and redevelopment plans with neighboring
local jurisdictions; and
(B) the probability of a clear economic benefit to
neighboring local jurisdictions and financial return to
the airport through the implementation of those plans.
(d) <> Distribution.--The Administrator shall seek to
award grants under the pilot program to airport operators representing
different geographic areas of the United States.
(e) Partnership With Neighboring Local Jurisdictions.--An airport
operator shall use grant funds made available under the pilot program
only in partnership with neighboring local jurisdictions.
(f) Grant Requirements.--The Administrator may not make a grant to
an airport operator under the pilot program unless the grant is--
(1) made to enable the airport operator and local
jurisdictions undertaking community redevelopment efforts to
expedite those efforts;
(2) subject to a requirement that the local jurisdiction
governing the property interests subject to the redevelopment
efforts has adopted and will continue in effect zoning
regulations that permit airport-compatible redevelopment; and
(3) subject to a requirement that, in determining the part
of the proceeds from disposing of land that is subject to
repayment and reinvestment requirements under section
47107(c)(2)(A) of such title, the total amount of a grant issued
under the pilot program that is attributable to the
redevelopment of such land shall be added to other amounts that
must be repaid or reinvested under that section upon disposal of
such land by the airport operator.
(g) Exceptions to Repayment and Reinvestment Requirements.--Amounts
paid to the Secretary of Transportation under subsection (f)(3)--
(1) shall be available to the Secretary for, giving
preference to the actions in descending order--
(A) reinvestment in an approved noise compatibility
project at the applicable airport;
(B) reinvestment in another approved project at the
airport that is eligible for funding under section
47117(e) of such title;
(C) reinvestment in an approved airport development
project at the airport that is eligible for funding
under section 47114, 47115, or 47117 of such title;
(D) transfer to an operator of another public
airport to be reinvested in an approved noise
compatibility project at such airport; and
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(E) deposit in the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502);
(2) shall be available in addition to amounts authorized
under section 48103 of such title;
(3) shall not be subject to any limitation on grant
obligations for any fiscal year; and
(4) shall remain available until expended.
(h) Federal Share.--
(1) In general.--Notwithstanding any other provision of law,
the Federal share of the allowable costs of a project carried
out under the pilot program shall be 80 percent.
(2) Allowable costs.--In determining the allowable costs,
the Administrator shall deduct from the total costs of the
activities described in subsection (b) that portion of the costs
which is equal to that portion of the total property to be
redeveloped under this section that is not owned or to be
acquired by the airport operator pursuant to the noise
compatibility program or that is not owned by the affected
neighboring local jurisdictions or other public entities.
(i) Maximum Amount.--Not more than $5,000,000 of the funds made
available for grants under section 47117(e)(1)(A) of such title may be
expended under the pilot program for any single public-use airport.
(j) Use of Passenger Revenue.--An airport operator participating in
the pilot program may use passenger facility revenue collected under
section 40117 of such title to pay any project cost described in
subsection (b) that is not financed by a grant under the pilot program.
(k) Sunset.--This section shall not be in effect after September 30,
2015.
SEC. 823. REPORT ON NEW YORK CITY AND NEWARK AIR TRAFFIC CONTROL
FACILITIES.
Under previous agreements, the Federal Aviation Administration
negotiated staffing levels at the air traffic control facilities in the
Newark and New York City areas. <> Not later than 90
days after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the Federal Aviation Administration's staffing and scheduling
plans for air traffic control facilities in the New York City and Newark
Region for the 1-year period beginning on such date of enactment.
SEC. 824. CYLINDERS OF COMPRESSED OXYGEN OR OTHER OXIDIZING GASES.
(a) <> In General.--Subject to subsections (b) and
(c), entities transporting, in the State of Alaska, cylinders of
compressed oxygen or other oxidizing gases aboard aircraft shall be
exempt from compliance with the regulations described in subsection (d),
to the extent that the regulations require that oxidizing gases
transported aboard aircraft be enclosed in outer packaging capable of
passing the flame penetration resistance test and the thermal resistance
test, without regard to the end use of the cylinders.
(b) Applicability of Exemption.--The exemption provided under
subsection (a) shall apply only if--
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(1) transportation of the cylinders by a ground-based or
water-based mode of transportation is unavailable and
transportation by aircraft is the only practical means for
transporting the cylinders to their destination;
(2) each cylinder is fully covered with a fire- or flame-
resistant blanket that is secured in place; and
(3) the operator of the aircraft complies with the
applicable notification procedures under section 175.33 of title
49, Code of Federal Regulations.
(c) <> Aircraft Restriction.--The exemption
provided under subsection (a) shall apply only to the following types of
aircraft:
(1) Cargo-only aircraft transporting the cylinders to a
delivery destination that receives cargo-only service at least
once a week.
(2) Passenger and cargo-only aircraft transporting the
cylinders to a delivery destination that does not receive cargo-
only service at least once a week.
(d) Description of Regulatory Requirements.--The regulations
described in this subsection 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), and 173.304(f)(5) of title 49, Code of Federal
Regulations.
SEC. 825. <> ORPHAN AVIATION EARMARKS.
(a) Earmark Defined.--In this section, the term ``earmark'' means a
statutory provision or report language included primarily at the request
of a Senator or a Member, Delegate, or Resident Commissioner of the
House of Representatives providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan guarantee, grant, or
other expenditure with or to an entity or a specific State, locality, or
Congressional district, other than through a statutory or administrative
formula-driven or competitive award process.
(b) <