IIB 
111TH CONGRESS 
1ST SESSION 
H. R. 915 
IN THE SENATE OF THE UNITED STATES 
JUNE 1, 2009 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend title 49, United States Code, to authorize appro-
priations for the Federal Aviation Administration for 
fiscal years 2010 through 2012, to improve aviation safe-
ty and capacity, to provide stable funding for the na-
tional aviation system, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘FAA Reauthorization Act of 2009’’. 
(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. Research, engineering, and development. 
Sec. 105. Funding for aviation programs. 
Subtitle B—Passenger Facility Charges 
Sec. 111. PFC authority. 
Sec. 112. PFC eligibility for bicycle storage. 
Sec. 113. Award of architectural and engineering contracts for airside projects. 
Sec. 114. Intermodal ground access project pilot program. 
Sec. 115. Participation of disadvantaged business enterprises in contracts, sub-
contracts, and business opportunities funded using passenger 
facility revenues and in airport concessions. 
Sec. 116. Impacts on airports of accommodating connecting passengers. 
Subtitle C—Fees for FAA Services 
Sec. 121. Update on overflights. 
Sec. 122. Registration fees. 
Subtitle D—AIP Modifications 
Sec. 131. Amendments to AIP definitions. 
Sec. 132. Solid waste recycling plans. 
Sec. 133. Amendments to grant assurances. 
Sec. 134. Government share of project costs. 
Sec. 135. Amendments to allowable costs. 
Sec. 136. Preference for small business concerns owned and controlled by dis-
abled veterans. 
Sec. 137. Airport disadvantaged business enterprise program. 
Sec. 138. Training program for certification of disadvantaged business enter-
prises. 
Sec. 139. Calculation of State apportionment fund. 
Sec. 140. Reducing apportionments. 
Sec. 141. Minimum amount for discretionary fund. 
Sec. 142. Marshall Islands, Micronesia, and Palau. 
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Sec. 143. Use of apportioned amounts. 
Sec. 144. Sale of private airport to public sponsor. 
Sec. 145. Airport privatization pilot program. 
Sec. 146. Airport security program. 
Sec. 147. Sunset of pilot program for purchase of airport development rights. 
Sec. 148. Extension of grant authority for compatible land use planning and 
projects by State and local governments. 
Sec. 149. Repeal of limitations on Metropolitan Washington Airports Authority. 
Sec. 150. Midway Island Airport. 
Sec. 151. Puerto Rico minimum guarantee. 
Sec. 152. Miscellaneous amendments. 
Sec. 153. Airport Master Plans. 
TITLE II—NEXT GENERATION AIR TRANSPORTATION SYSTEM 
AND AIR TRAFFIC CONTROL MODERNIZATION 
Sec. 201. Mission statement; sense of Congress. 
Sec. 202. Next Generation Air Transportation System Joint Planning and De-
velopment Office. 
Sec. 203. Next Generation Air Transportation Senior Policy Committee. 
Sec. 204. Automatic dependent surveillance-broadcast services. 
Sec. 205. Inclusion of stakeholders in air traffic control modernization projects. 
Sec. 206. GAO review of challenges associated with transforming to the Next 
Generation Air Transportation System. 
Sec. 207. GAO review of Next Generation Air Transportation System acquisi-
tion and procedures development. 
Sec. 208. DOT inspector general review of operational and approach procedures 
by a third party. 
Sec. 209. Expert review of enterprise architecture for Next Generation Air 
Transportation System. 
Sec. 210. NextGen technology testbed. 
Sec. 211. Clarification of authority to enter into reimbursable agreements. 
Sec. 212. Definition of air navigation facility. 
Sec. 213. Improved management of property inventory. 
Sec. 214. Clarification to acquisition reform authority. 
Sec. 215. Assistance to foreign aviation authorities. 
Sec. 216. Front line manager staffing. 
Sec. 217. Flight service stations. 
Sec. 218. NextGen Research and Development Center of Excellence. 
Sec. 219. Airspace redesign. 
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 supple-
mental type certificates. 
Sec. 303. Inspection of foreign repair stations. 
Sec. 304. Runway safety. 
Sec. 305. Improved pilot licenses. 
Sec. 306. Flight crew fatigue. 
Sec. 307. Occupational safety and health standards for flight attendants on 
board aircraft. 
Sec. 308. Aircraft surveillance in mountainous areas. 
Sec. 309. Off-airport, low-altitude aircraft weather observation technology. 
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Sec. 310. Noncertificated maintenance providers. 
Sec. 311. Aircraft rescue and firefighting standards. 
Sec. 312. Cockpit smoke. 
Sec. 313. Safety of helicopter air ambulance operations. 
Sec. 314. Feasibility of requiring helicopter pilots to use night vision goggles. 
Sec. 315. Study of helicopter and fixed wing air ambulance services. 
Subtitle B—Unmanned Aircraft Systems 
Sec. 321. Commercial unmanned aircraft systems integration plan. 
Sec. 322. Special rules for certain unmanned aircraft systems. 
Sec. 323. Public unmanned aircraft systems. 
Sec. 324. Definitions. 
Subtitle C—Safety and Protections 
Sec. 331. Aviation safety whistleblower investigation office. 
Sec. 332. Modification of customer service initiative. 
Sec. 333. Post-employment restrictions for flight standards inspectors. 
Sec. 334. Assignment of principal supervisory inspectors. 
Sec. 335. Headquarters review of air transportation oversight system database. 
Sec. 336. Improved voluntary disclosure reporting system. 
TITLE IV—AIR SERVICE IMPROVEMENTS 
Sec. 401. Smoking prohibition. 
Sec. 402. Monthly air carrier reports. 
Sec. 403. Flight operations at Reagan National Airport. 
Sec. 404. EAS contract guidelines. 
Sec. 405. Essential air service reform. 
Sec. 406. Small community air service. 
Sec. 407. Air passenger service improvements. 
Sec. 408. Contents of competition plans. 
Sec. 409. Extension of competitive access reports. 
Sec. 410. Contract tower program. 
Sec. 411. Airfares for members of the Armed Forces. 
Sec. 412. Repeal of essential air service local participation program. 
Sec. 413. Adjustment to subsidy cap to reflect increased fuel costs. 
Sec. 414. Notice to communities prior to termination of eligibility for subsidized 
essential air service. 
Sec. 415. Restoration of eligibility to a place determined by the Secretary to 
be ineligible for subsidized essential air service. 
Sec. 416. Office of Rural Aviation. 
Sec. 417. Adjustments to compensation for significantly increased costs. 
Sec. 418. Review of air carrier flight delays, cancellations, and associated 
causes. 
Sec. 419. European Union rules for passenger rights. 
Sec. 420. Establishment of advisory committee for aviation consumer protec-
tion. 
Sec. 421. Denied boarding compensation. 
Sec. 422. Compensation for delayed baggage. 
Sec. 423. Schedule reduction. 
Sec. 424. Expansion of DOT airline consumer complaint investigations. 
Sec. 425. Prohibitions against voice communications using mobile communica-
tions devices on scheduled flights. 
Sec. 426. Antitrust exemptions. 
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Sec. 427. Musical instruments. 
TITLE V—ENVIRONMENTAL STEWARDSHIP AND STREAMLINING 
Sec. 501. Amendments to air tour management program. 
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. Soundproofing of residences. 
Sec. 507. CLEEN research, development, and implementation partnership. 
Sec. 508. Prohibition on operating certain aircraft weighing 75,000 pounds or 
less not complying with stage 3 noise levels. 
Sec. 509. Environmental mitigation pilot program. 
Sec. 510. Aircraft departure queue management pilot program. 
Sec. 511. High performance and sustainable air traffic control facilities. 
Sec. 512. Regulatory responsibility for aircraft engine noise and emissions 
standards. 
Sec. 513. Cabin air quality technology. 
Sec. 514. Sense of Congress. 
Sec. 515. Airport noise compatibility planning study, Port Authority of New 
York and New Jersey. 
Sec. 516. GAO study on compliance with FAA record of decision. 
Sec. 517. Westchester County Airport, New York. 
Sec. 518. Aviation noise complaints. 
TITLE VI—FAA EMPLOYEES AND ORGANIZATION 
Sec. 601. Federal Aviation Administration personnel management system. 
Sec. 602. Merit system principles and prohibited personnel practices. 
Sec. 603. Applicability of back pay requirements. 
Sec. 604. FAA technical training and staffing. 
Sec. 605. Designee program. 
Sec. 606. Staffing model for aviation safety inspectors. 
Sec. 607. Safety critical staffing. 
Sec. 608. FAA air traffic controller staffing. 
Sec. 609. Assessment of training programs for air traffic controllers. 
Sec. 610. Collegiate training initiative study. 
Sec. 611. FAA Task Force on Air Traffic Control Facility Conditions. 
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. 
Sec. 705. Extension of program authority. 
TITLE VIII—MISCELLANEOUS 
Sec. 801. Air carrier citizenship. 
Sec. 802. Disclosure of data to Federal agencies in interest of national security. 
Sec. 803. FAA access to criminal history records and database systems. 
Sec. 804. Clarification of air carrier fee disputes. 
Sec. 805. Study on national plan of integrated airport systems. 
Sec. 806. Express carrier employee protection. 
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Sec. 807. Consolidation and realignment of FAA facilities. 
Sec. 808. Accidental death and dismemberment insurance for National Trans-
portation Safety Board employees. 
Sec. 809. GAO study on cooperation of airline industry in international child 
abduction cases. 
Sec. 810. Lost Nation Airport, Ohio. 
Sec. 811. Pollock Municipal Airport, Louisiana. 
Sec. 812. Human intervention and motivation study program. 
Sec. 813. Washington, DC, Air Defense Identification Zone. 
Sec. 814. Merrill Field Airport, Anchorage, Alaska. 
Sec. 815. 1940 Air Terminal Museum at William P. Hobby Airport, Houston, 
Texas. 
Sec. 816. Duty periods and flight time limitations applicable to flight crew-
members. 
Sec. 817. Pilot program for redevelopment of airport properties. 
Sec. 818. Helicopter operations over Long Island and Staten Island, New York. 
Sec. 819. Cabin temperature and humidity standards study. 
Sec. 820. Civil penalties technical amendments. 
Sec. 821. Study and report on alleviating congestion. 
Sec. 822. Airline personnel training enhancement. 
Sec. 823. Study on Feasibility of Development of a Public Internet Web-based 
Search Engine on Wind Turbine Installation Obstruction. 
Sec. 824. FAA radar signal locations. 
Sec. 825. Wind turbine lighting. 
Sec. 826. Prohibition on use of certain funds. 
Sec. 827. Limiting access to flight decks of all-cargo aircraft. 
Sec. 828. Whistleblowers at FAA. 
Sec. 829. College Point Marine Transfer Station, New York. 
Sec. 830. Pilot training and certification. 
Sec. 831. St. George, Utah. 
Sec. 832. Replacement of terminal radar approach control at Palm Beach 
International Airport. 
Sec. 833. Santa Monica Airport, California. 
TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT 
Sec. 901. Short title. 
Sec. 902. Definitions. 
Sec. 903. Interagency research initiative on the impact of aviation on the cli-
mate. 
Sec. 904. Research program on runways. 
Sec. 905. Research on design for certification. 
Sec. 906. Centers of excellence. 
Sec. 907. Airport cooperative research program. 
Sec. 908. Unmanned aircraft systems. 
Sec. 909. Research grants program involving undergraduate students. 
Sec. 910. Aviation gas research and development program. 
Sec. 911. Review of FAA’s Energy- and Environment-Related Research Pro-
grams. 
Sec. 912. Review of FAA’s aviation safety-related research programs. 
Sec. 913. Research program on alternative jet fuel technology for civil aircraft. 
Sec. 914. Center for excellence in aviation employment. 
TITLE X—AIRPORT AND AIRWAY TRUST FUND FINANCING 
Sec. 1001. Short title. 
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Sec. 1002. Extension and modification of taxes funding airport and airway 
trust fund. 
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 apply only to fiscal 
years beginning after September 30, 2008. 
TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA 
Programs 
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND 
NOISE COMPATIBILITY PLANNING AND PRO-
GRAMS. 
(a) AUTHORIZATION.—Section 48103 is amended— 
(1) by striking ‘‘September 30, 2003’’ and in-
serting ‘‘September 30, 2008’’; and 
(2) by striking paragraphs (1) through (6) and 
inserting the following: 
‘‘(1) $4,000,000,000 for fiscal year 2010; 
‘‘(2) $4,100,000,000 for fiscal year 2011; and 
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gating the effects of certain weather conditions on 
both airframes and engines. 
‘‘(2) SPECIFIC HAZARDS.—Weather conditions 
referred to in paragraph (1) include— 
‘‘(A) ground-based icing threats such as 
ice pellets and freezing drizzle; 
‘‘(B) oceanic weather, including convective 
weather, and other hazards associated with oce-
anic operations (where commercial traffic is 
high and only rudimentary satellite sensing is 
available) to reduce the hazards presented to 
commercial 
aviation, 
including 
convective 
weather ice crystal ingestion threats; and 
‘‘(C) en route turbulence prediction. 
‘‘(e) SAFETY MANAGEMENT SYSTEMS.—Of amounts 
appropriated under subsection (a) and section 106(k)(1), 
such sums as may be necessary for each of fiscal years 
2010 through 2012 may be used to advance the develop-
ment and implementation of safety management systems. 
‘‘(f) RUNWAY INCURSION REDUCTION PROGRAMS.— 
Of 
amounts 
appropriated 
under 
subsection 
(a), 
$12,000,000 for fiscal year 2010, $12,000,000 for fiscal 
year 2011, and $12,000,000 for fiscal year 2012 may be 
used for the development and implementation of runway 
incursion reduction programs. 
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2010, $22,500,000 for fiscal year 2011, and $22,500,000 
for fiscal year 2012 may be used for— 
‘‘(1) system capacity, planning, and improve-
ment; 
‘‘(2) operations concept validation; 
‘‘(3) NAS weather requirements; and 
‘‘(4) Airspace Management Lab.’’. 
SEC. 103. FAA OPERATIONS. 
(a) IN GENERAL.—Section 106(k)(1) is amended by 
striking subparagraphs (A) through (E) and inserting the 
following: 
‘‘(A) $9,531,272,000 for fiscal year 2010; 
‘‘(B) $9,936,259,000 for fiscal year 2011; 
and 
‘‘(C) $10,350,155,000 for fiscal year 
2012.’’. 
(b) 
AUTHORIZED
EXPENDITURES.—Section 
106(k)(2) is amended— 
(1) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) Such sums as may be necessary for 
fiscal years 2010 through 2012 to support de-
velopment and maintenance of helicopter ap-
proach procedures, including certification and 
recertification of instrument flight rule, global 
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positioning system, and point-in-space ap-
proaches to heliports necessary to support all 
weather, emergency services.’’; 
(2) by striking subparagraphs (B), (C), and 
(D); 
(3) by redesignating subparagraphs (E), (F), 
and (G) as subparagraphs (B), (C), and (D), respec-
tively; and 
(4) in subparagraphs (B), (C), and (D) (as so 
redesignated) by striking ‘‘2004 through 2007’’ and 
inserting ‘‘2010 through 2012’’. 
(c) AIRLINE DATA AND ANALYSIS.—There is author-
ized to be appropriated to the Secretary of Transportation 
out of the Airport and Airway Trust Fund established by 
section 9502 of the Internal Revenue Code of 1986 (26 
U.S.C. 9502) to fund airline data collection and analysis 
by the Bureau of Transportation Statistics in the Re-
search and Innovative Technology Administration of the 
Department of Transportation $6,000,000 for each of fis-
cal years 2010, 2011, and 2012. 
SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT. 
Section 48102(a) is amended— 
(1) in paragraph (11)— 
(A) in subparagraph (K) by inserting 
‘‘and’’ at the end; and 
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(B) in subparagraph (L) by striking ‘‘and’’ 
at the end; 
(2) in paragraph (12)(L) by striking ‘‘and’’ at 
the end; and 
(3) by striking paragraph (13) and inserting 
the following: 
‘‘(13) for fiscal year 2010, $214,587,000, in-
cluding— 
‘‘(A) $8,546,000 for fire research and safe-
ty; 
‘‘(B) $4,075,000 for propulsion and fuel 
systems; 
‘‘(C) $2,965,000 for advanced materials 
and structural safety; 
‘‘(D) $4,921,000 for atmospheric hazards 
and digital system safety; 
‘‘(E) $14,688,000 for aging aircraft; 
‘‘(F) $2,153,000 for aircraft catastrophic 
failure prevention research; 
‘‘(G) $11,000,000 for flightdeck mainte-
nance, system integration, and human factors; 
‘‘(H) $12,589,000 for aviation safety risk 
analysis; 
‘‘(I) $15,471,000 for air traffic control, 
technical operations, and human factors; 
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‘‘(J) $8,699,000 for aeromedical research; 
‘‘(K) $23,286,000 for weather program; 
‘‘(L) $6,236,000 for unmanned aircraft 
systems research; 
‘‘(M) $18,100,000 for the Next Generation 
Air Transportation System Joint Planning and 
Development Office; 
‘‘(N) $10,412,000 for wake turbulence; 
‘‘(O) 
$10,400,000 
for 
NextGen—Air 
ground integration; 
‘‘(P) $8,000,000 for NextGen—Self sepa-
ration; 
‘‘(Q) $7,567,000 for NextGen—Weather 
technology in the cockpit; 
‘‘(R) $20,278,000 for environment and en-
ergy; 
‘‘(S) $19,700,000 for NextGen—Environ-
mental research—Aircraft technologies, fuels, 
and metrics; 
‘‘(T) $1,827,000 for system planning and 
resource management; and 
‘‘(U) $3,674,000 for the William J. 
Hughes Technical Center Laboratory Facility; 
‘‘(14) for fiscal year 2011, $225,993,000, in-
cluding— 
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‘‘(A) $8,815,000 for fire research and safe-
ty; 
‘‘(B) $4,150,000 for propulsion and fuel 
systems; 
‘‘(C) $2,975,000 for advanced materials 
and structural safety; 
‘‘(D) $4,949,000 for atmospheric hazards 
and digital system safety; 
‘‘(E) $14,903,000 for aging aircraft; 
‘‘(F) $2,181,000 for aircraft catastrophic 
failure prevention research; 
‘‘(G) $12,000,000 for flightdeck mainte-
nance, system integration, and human factors; 
‘‘(H) $12,497,000 for aviation safety risk 
analysis; 
‘‘(I) $15,715,000 for air traffic control, 
technical operations, and human factors; 
‘‘(J) $8,976,000 for aeromedical research; 
‘‘(K) $23,638,000 for weather program; 
‘‘(L) $6,295,000 for unmanned aircraft 
systems research; 
‘‘(M) $18,100,000 for the Next Generation 
Air Transportation System Joint Planning and 
Development Office; 
‘‘(N) $10,471,000 for wake turbulence; 
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‘‘(O) 
$10,600,000 
for 
NextGen—Air 
ground integration; 
‘‘(P) $8,300,000 for NextGen—Self sepa-
ration; 
‘‘(Q) $8,345,000 for NextGen—Weather 
technology in the cockpit; 
‘‘(R) $27,075,000 for environment and en-
ergy; 
‘‘(S) $20,368,000 for NextGen—Environ-
mental research—Aircraft technologies, fuels, 
and metrics; 
‘‘(T) $1,836,000 for system planning and 
resource management; and 
‘‘(U) $3,804,000 for the William J. 
Hughes Technical Center Laboratory Facility; 
and 
‘‘(15) for fiscal year 2012, $244,860,000, in-
cluding— 
‘‘(A) $8,957,000 for fire research and safe-
ty; 
‘‘(B) $4,201,000 for propulsion and fuel 
systems; 
‘‘(C) $2,986,000 for advanced materials 
and structural safety; 
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‘‘(D) $4,979,000 for atmospheric hazards 
and digital system safety; 
‘‘(E) $15,013,000 for aging aircraft; 
‘‘(F) $2,192,000 for aircraft catastrophic 
failure prevention research; 
‘‘(G) $12,000,000 for flightdeck mainte-
nance, system integration, and human factors; 
‘‘(H) $12,401,000 for aviation safety risk 
analysis; 
‘‘(I) $16,000,000 for air traffic control, 
technical operations, and human factors; 
‘‘(J) $9,267,000 for aeromedical research; 
‘‘(K) $23,800,000 for weather program; 
‘‘(L) $6,400,000 for unmanned aircraft 
systems research; 
‘‘(M) $18,100,000 for the Next Generation 
Air Transportation System Joint Planning and 
Development Office; 
‘‘(N) $10,471,000 for wake turbulence; 
‘‘(O) 
$10,800,000 
for 
NextGen—Air 
ground integration; 
‘‘(P) $8,500,000 for NextGen—Self sepa-
ration; 
‘‘(Q) $8,569,000 for NextGen—Weather 
technology in the cockpit; 
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‘‘(R) $44,409,000 for environment and en-
ergy; 
‘‘(S) $20,034,000 for NextGen—Environ-
mental research—Aircraft technologies, fuels, 
and metrics; 
‘‘(T) $1,840,000 for system planning and 
resource management; and 
‘‘(U) $3,941,000 for the William J. 
Hughes Technical Center Laboratory Facility.’’. 
SEC. 105. FUNDING FOR AVIATION PROGRAMS. 
(a) AIRPORT
AND AIRWAY TRUST FUND GUAR-
ANTEE.—Section 48114(a)(1)(A) is amended to read as 
follows: 
‘‘(A) IN GENERAL.—The total budget re-
sources made available from the Airport and 
Airway Trust Fund each fiscal year through fis-
cal year 2012 pursuant to sections 48101, 
48102, 48103, and 106(k) shall— 
‘‘(i) in fiscal year 2010, be equal to 
90 percent of the estimated level of re-
ceipts plus interest credited to the Airport 
and Airway Trust Fund for that fiscal 
year; and 
‘‘(ii) in each of fiscal years 2011 and 
2012, 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 sec-
ond preceding fiscal year minus the 
total amount made available for obli-
gation from the Airport and Airway 
Trust Fund for the second preceding 
fiscal year. 
Such amounts may be used only for aviation in-
vestment programs listed in subsection (b).’’. 
(b) ADDITIONAL AUTHORIZATIONS OF APPROPRIA-
TIONS FROM THE GENERAL FUND.—Section 48114(a)(2) 
is amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 
(c) ESTIMATED LEVEL OF RECEIPTS PLUS INTER-
EST 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 inter-
est’’. 
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(d) 
ENFORCEMENT
OF
GUARANTEES.—Section 
48114(c)(2) is amended by striking ‘‘2007’’ and inserting 
‘‘2012’’. 
Subtitle B—Passenger Facility 
Charges 
SEC. 111. PFC AUTHORITY. 
(a) PFC DEFINED.—Section 40117(a)(5) is amend-
ed to read as follows: 
‘‘(5) PASSENGER FACILITY CHARGE.—The term 
‘passenger facility charge’ means a charge or fee im-
posed under this section.’’. 
(b) INCREASE IN PFC MAXIMUM LEVEL.—Section 
40117(b)(4) is amended by striking ‘‘$4.00 or $4.50’’ and 
inserting ‘‘$4.00, $4.50, $5.00, $6.00, or $7.00’’. 
(c) PILOT PROGRAM FOR PFC AT NONHUB AIR-
PORTS.—Section 40117(l) is amended— 
(1) by striking paragraph (7); and 
(2) by redesignating paragraph (8) as para-
graph (7). 
(d) CORRECTION OF REFERENCES.— 
(1) SECTION 40117.—Section 40117 is amend-
ed— 
(A) in the section heading by striking 
‘‘fees’’ and inserting ‘‘charges’’; 
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(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’’; 
(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 insert-
ing ‘‘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 ap-
pears and inserting ‘‘charges’’. 
(2) OTHER
REFERENCES.—Subtitle VII is 
amended by striking ‘‘fee’’ and inserting ‘‘charge’’ 
each place it appears in each of the following sec-
tions: 
(A) Section 47106(f)(1). 
(B) Section 47110(e)(5). 
(C) Section 47114(f). 
(D) Section 47134(g)(1). 
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(E) Section 47139(b). 
(F) Section 47524(e). 
(G) Section 47526(2). 
SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE. 
(a) IN GENERAL.—Section 40117(a)(3) is amended 
by adding at the end the following: 
‘‘(H) A project to construct secure bicycle 
storage facilities that are to be used by pas-
sengers at the airport and that are in compli-
ance with applicable security standards.’’. 
(b) REPORT TO CONGRESS.—Not later than one year 
after the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall submit to 
Congress a report on the progress being made by airports 
to install bicycle parking for airport customers and airport 
employees. 
SEC. 113. AWARD OF ARCHITECTURAL AND ENGINEERING 
CONTRACTS FOR AIRSIDE PROJECTS. 
(a) IN GENERAL.—Section 40117(d) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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‘‘(5) in the case of an application to finance a 
project to meet the airside needs of the airport, the 
application includes written assurances, satisfactory 
to the Secretary, that each contract and subcontract 
for program management, construction management, 
planning studies, feasibility studies, architectural 
services, preliminary engineering, design, engineer-
ing, surveying, mapping, and related services will be 
awarded in the same way that a contract for archi-
tectural and engineering services is negotiated under 
chapter 11 of title 40 or an equivalent qualifications- 
based requirement prescribed for or by the eligible 
agency.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to an application submitted to the 
Secretary of Transportation by an eligible agency under 
section 40117 of title 49, United States Code, after the 
date of enactment of this Act. 
SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT 
PROGRAM. 
Section 40117 is amended by adding at the end the 
following: 
‘‘(n) PILOT PROGRAM FOR PFC ELIGIBILITY FOR 
INTERMODAL GROUND ACCESS PROJECTS.— 
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‘‘(1) PFC ELIGIBILITY.—Subject to the require-
ments of this subsection, the Secretary shall estab-
lish a pilot program under which the Secretary may 
authorize, at no more than 5 airports, a passenger 
facility charge imposed under subsection (b)(1) or 
(b)(4) to be used to finance the eligible cost of an 
intermodal ground access project. 
‘‘(2) INTERMODAL
GROUND
ACCESS
PROJECT 
DEFINED.—In this section, the term ‘intermodal 
ground access project’ means a project for con-
structing a local facility owned or operated by an eli-
gible agency that is directly and substantially related 
to the movement of passengers or property traveling 
in air transportation. 
‘‘(3) ELIGIBLE COSTS.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the eligible cost of an intermodal 
ground access project shall be the total cost of 
the project multiplied by the ratio that— 
‘‘(i) the number of individuals pro-
jected to use the project to gain access to 
or depart from the airport; bears to 
‘‘(ii) the total number of the individ-
uals projected to use the facility. 
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‘‘(B) DETERMINATIONS REGARDING PRO-
JECTED PROJECT USE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided by clause (ii), the Secretary shall de-
termine the projected use of a project for 
purposes of subparagraph (A) at the time 
the project is approved under this sub-
section. 
‘‘(ii) 
PUBLIC
TRANSPORTATION 
PROJECTS.—In the case of a project ap-
proved under this section to be financed in 
part using funds administered by the Fed-
eral Transit Administration, the Secretary 
shall use the travel forecasting model for 
the project at the time such project is ap-
proved by the Federal Transit Administra-
tion to enter preliminary engineering to de-
termine the projected use of the project for 
purposes of subparagraph (A).’’. 
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SEC. 115. PARTICIPATION OF DISADVANTAGED BUSINESS 
ENTERPRISES 
IN 
CONTRACTS, 
SUB-
CONTRACTS, AND BUSINESS OPPORTUNITIES 
FUNDED USING PASSENGER FACILITY REVE-
NUES AND IN AIRPORT CONCESSIONS. 
Section 40117 (as amended by this Act) is further 
amended by adding at the end the following: 
‘‘(o) PARTICIPATION BY DISADVANTAGED BUSINESS 
ENTERPRISES.— 
‘‘(1) APPLICABILITY OF REQUIREMENTS.—Ex-
cept to the extent otherwise provided by the Sec-
retary, requirements relating to disadvantaged busi-
ness enterprises, as set forth in parts 23 and 26 of 
title 49, Code of Federal Regulations (or a successor 
regulation), shall apply to an airport collecting pas-
senger facility revenue. 
‘‘(2) REGULATIONS.—The Secretary shall issue 
any regulations necessary to implement this sub-
section, including— 
‘‘(A) goal setting requirements for an eligi-
ble agency to ensure that contracts, sub-
contracts, and business opportunities funded 
using passenger facility revenues, and airport 
concessions, are awarded consistent with the 
levels of participation of disadvantaged business 
enterprises and airport concessions disadvan-
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taged business enterprises that would be ex-
pected in the absence of discrimination; 
‘‘(B) provision for an assurance that re-
quires that an eligible agency will not discrimi-
nate on the basis of race, color, national origin, 
or sex in the award and performance of any 
contract funded using passenger facility reve-
nues; and 
‘‘(C) a requirement that an eligible agency 
will take all necessary and reasonable steps to 
ensure nondiscrimination in the award and ad-
ministration of contracts funded using pas-
senger facility revenues. 
‘‘(3) EFFECTIVE
DATE.—Paragraph (1) shall 
take effect on the day following the date on which 
the Secretary issues final regulations under para-
graph (2). 
‘‘(4) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) AIRPORT
CONCESSIONS
DISADVAN-
TAGED BUSINESS ENTERPRISE.—The term ‘air-
port concessions disadvantaged business enter-
prise’ has the meaning given that term in part 
23 of title 49, Code of Federal Regulations (or 
a successor regulation). 
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‘‘(B) DISADVANTAGED
BUSINESS
ENTER-
PRISE.—The term ‘disadvantaged business en-
terprise’ has the meaning given that term in 
part 26 of title 49, Code of Federal Regulations 
(or a successor regulation).’’. 
SEC. 116. IMPACTS ON AIRPORTS OF ACCOMMODATING 
CONNECTING PASSENGERS. 
(a) STUDY.—Not later than 90 days after the date 
of enactment of this Act, the Secretary of Transportation 
shall initiate a study to evaluate— 
(1) the impacts on airports of accommodating 
connecting passengers; and 
(2) the treatment of airports at which the ma-
jority of passengers are connecting passengers under 
the passenger facility charge program authorized by 
section 40117 of title 49, United States Code. 
(b) CONTENTS OF STUDY.—In conducting the study, 
the Secretary shall review, at a minimum, the following: 
(1) the differences in facility needs, and the 
costs for constructing, maintaining, and operating 
those facilities, for airports at which the majority of 
passengers are connecting passengers as compared 
to airports at which the majority of passengers are 
originating and destination passengers; 
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(2) whether the costs to an airport of accommo-
dating additional connecting passengers differs from 
the cost of accommodating additional originating 
and destination passengers; 
(3) for each airport charging a passenger facil-
ity charge, the percentage of passenger facility 
charge revenue attributable to connecting passengers 
and the percentage of such revenue attributable to 
originating and destination passengers; 
(4) the potential effects on airport revenues of 
requiring airports to charge different levels of pas-
senger facility charges on connecting passengers and 
originating and destination passengers; and 
(5) the added costs to air carriers of collecting 
passenger facility charges under a system in which 
different levels of passenger facility charges are im-
posed on connecting passengers and originating and 
destination passengers. 
(c) REPORT TO CONGRESS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of initiation of the study, the Sec-
retary shall submit to Congress a report on the re-
sults of the study. 
(2) CONTENTS.—The report shall include— 
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(A) the findings of the Secretary on each 
of the subjects listed in subsection (b); and 
(B) recommendations, if any, of the Sec-
retary based on the results of the study for any 
changes to the passenger facility charge pro-
gram, including recommendations as to whether 
different levels of passenger facility charges 
should be imposed on connecting passengers 
and originating and destination passengers. 
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 adjust-
ing fees under subsection (a), the Administrator 
shall ensure that the fees are reasonably related to 
the Administration’s costs, as determined by the Ad-
ministrator, of providing the services rendered. Serv-
ices for which costs may be recovered include the 
costs of air traffic control, navigation, weather serv-
ices, training, and emergency services which are 
available to facilitate safe transportation over the 
United States and the costs of other services pro-
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vided by the Administrator, or by programs financed 
by the Administrator, to flights that neither take off 
nor land in the United States. The determination of 
such costs by the Administrator, and the allocation 
of such costs by the Administrator to services pro-
vided, are not subject to judicial review. 
‘‘(2) ADJUSTMENT
OF
FEES.—The Adminis-
trator shall adjust the overflight fees established by 
subsection (a)(1) by expedited rulemaking and begin 
collections under the adjusted fees by May 1, 2010. 
In developing the adjusted overflight fees, the Ad-
ministrator may seek and consider the recommenda-
tions offered by an aviation rulemaking committee 
for overflight fees that are provided to the Adminis-
trator by September 1, 2009, and are intended to 
ensure that overflight fees are reasonably related to 
the Administrator’s costs of providing air traffic 
control and related services to overflights. 
‘‘(3) 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. 
‘‘(4) COSTS DEFINED.—In this subsection, the 
term ‘costs’ includes those costs associated with the 
operation, maintenance, leasing costs, and overhead 
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expenses of the services provided and the facilities 
and equipment used in such services, including the 
projected costs for the period during which the serv-
ices will be provided. 
‘‘(5) PUBLICATION; COMMENT.—The Adminis-
trator shall publish in the Federal Register any fee 
schedule under this section, including any adjusted 
overflight fee schedule, and the associated collection 
process as an interim final rule, pursuant to which 
public comment will be sought and a final rule 
issued.’’. 
(b) ADJUSTMENTS.—Section 45301 is amended by 
adding at the end the following: 
‘‘(e) ADJUSTMENTS.—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 add-
ing at the end the following: 
‘‘§ 45305. Registration, certification, and related fees 
‘‘(a) GENERAL AUTHORITY AND FEES.—Subject to 
subsection (b), the Administrator of the Federal Aviation 
Administration shall establish the following fees for serv-
ices and activities of the Administration: 
‘‘(1) $130 for registering an aircraft. 
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‘‘(2) $45 for replacing an aircraft registration. 
‘‘(3) $130 for issuing an original dealer’s air-
craft certificate. 
‘‘(4) $105 for issuing an aircraft certificate 
(other than an original dealer’s aircraft certificate). 
‘‘(5) $80 for issuing a special registration num-
ber. 
‘‘(6) $50 for issuing a renewal of a special reg-
istration number. 
‘‘(7) $130 for recording a security interest in 
an aircraft or aircraft part. 
‘‘(8) $50 for issuing an airman certificate. 
‘‘(9) $25 for issuing a replacement airman cer-
tificate. 
‘‘(10) $42 for issuing an airman medical certifi-
cate. 
‘‘(11) $100 for providing a legal opinion per-
taining 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 appro-
priations Act. 
‘‘(c) FEES CREDITED
AS OFFSETTING COLLEC-
TIONS.— 
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cessions and to ensure that the Federal Government does 
not subsidize discrimination in private or locally funded 
airport-related industries. 
(b) FINDINGS.—Congress finds the following: 
(1) While significant progress has occurred due 
to the enactment of the airport disadvantaged busi-
ness enterprise program (49 U.S.C. 47107(e) and 
47113), discrimination continues to be a significant 
barrier for minority- and women-owned businesses 
seeking to do business in airport-related markets. 
This continuing discrimination merits the continu-
ation of the airport disadvantaged business enter-
prise program. 
(2) Discrimination poses serious barriers to the 
full participation in airport-related businesses of 
women business owners and minority business own-
ers, including African Americans, Hispanic Ameri-
cans, Asian Americans, and Native Americans. 
(3) Discrimination impacts minority and women 
business owners in every geographic region of the 
United States and in every airport-related industry. 
(4) Discrimination has impacted many aspects 
of airport-related business, including— 
(A) the availability of venture capital and 
credit; 
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(B) the availability of bonding and insur-
ance; 
(C) the ability to obtain licensing and cer-
tification; 
(D) public and private bidding and quoting 
procedures; 
(E) the pricing of supplies and services; 
(F) business training, education, and ap-
prenticeship programs; and 
(G) professional support organizations and 
informal networks through which business op-
portunities are often established. 
(5) Congress has received voluminous evidence 
of discrimination against minority and women busi-
ness owners in airport-related industries, includ-
ing— 
(A) statistical analyses demonstrating sig-
nificant 
disparities 
in 
the 
utilization 
of 
minority- and women-owned businesses in fed-
erally and locally funded airport related con-
tracting; 
(B) statistical analyses of private sector 
disparities in business success by minority- and 
women-owned businesses in airport related in-
dustries; 
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