I 
111TH CONGRESS 
1ST SESSION 
H. R. 915 
To amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 2009 through 2012, 
to improve aviation safety and capacity, to provide stable funding for 
the national aviation system, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2009 
Mr. OBERSTAR (for himself and Mr. COSTELLO) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Science and Technology, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend title 49, United States Code, to authorize appro-
priations for the Federal Aviation Administration for 
fiscal years 2009 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, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘FAA Reauthorization Act of 2009’’. 
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(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. Intermodal ground access project pilot program. 
Sec. 114. 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. Amendments to grant assurances. 
Sec. 133. Government share of project costs. 
Sec. 134. Amendments to allowable costs. 
Sec. 135. Uniform certification training for airport concessions under disadvan-
taged business enterprise program. 
Sec. 136. Preference for small business concerns owned and controlled by dis-
abled veterans. 
Sec. 137. Calculation of State apportionment fund. 
Sec. 138. Reducing apportionments. 
Sec. 139. Minimum amount for discretionary fund. 
Sec. 140. Marshall Islands, Micronesia, and Palau. 
Sec. 141. Use of apportioned amounts. 
Sec. 142. Sale of private airport to public sponsor. 
Sec. 143. Airport privatization pilot program. 
Sec. 144. Airport security program. 
Sec. 145. Sunset of pilot program for purchase of airport development rights. 
Sec. 146. Extension of grant authority for compatible land use planning and 
projects by State and local governments. 
Sec. 147. Repeal of limitations on Metropolitan Washington Airports Authority. 
Sec. 148. Midway Island Airport. 
Sec. 149. Puerto Rico minimum guarantee. 
Sec. 150. Miscellaneous amendments. 
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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. 
Sec. 310. Noncertificated maintenance providers. 
Sec. 311. Aircraft rescue and firefighting standards. 
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. 
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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. 
TITLE IV—AIR SERVICE IMPROVEMENTS 
Sec. 401. Monthly air carrier reports. 
Sec. 402. Flight operations at Reagan National Airport. 
Sec. 403. EAS contract guidelines. 
Sec. 404. Essential air service reform. 
Sec. 405. Small community air service. 
Sec. 406. Air passenger service improvements. 
Sec. 407. Contents of competition plans. 
Sec. 408. Extension of competitive access reports. 
Sec. 409. Contract tower program. 
Sec. 410. Airfares for members of the Armed Forces. 
Sec. 411. Repeal of essential air service local participation program. 
Sec. 412. Adjustment to subsidy cap to reflect increased fuel costs. 
Sec. 413. Notice to communities prior to termination of eligibility for subsidized 
essential air service. 
Sec. 414. Restoration of eligibility to a place determined by the Secretary to 
be ineligible for subsidized essential air service. 
Sec. 415. Office of Rural Aviation. 
Sec. 416. Adjustments to compensation for significantly increased costs. 
Sec. 417. Review of air carrier flight delays, cancellations, and associated 
causes. 
Sec. 418. European Union rules for passenger rights. 
Sec. 419. Establishment of advisory committee for aviation consumer protec-
tion. 
Sec. 420. Denied boarding compensation. 
Sec. 421. Schedule reduction. 
Sec. 422. Expansion of DOT airline consumer complaint investigations. 
Sec. 423. Prohibitions against voice communications using mobile communica-
tions devices on scheduled flights. 
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. CLEEN research, development, and implementation partnership. 
Sec. 506. Prohibition on operating certain aircraft weighing 75,000 pounds or 
less not complying with stage 3 noise levels. 
Sec. 507. Environmental mitigation pilot program. 
Sec. 508. Aircraft departure queue management pilot program. 
Sec. 509. High performance and sustainable air traffic control facilities. 
Sec. 510. Regulatory responsibility for aircraft engine noise and emissions 
standards. 
Sec. 511. Continuation of air quality sampling. 
Sec. 512. Sense of Congress. 
Sec. 513. Airport noise compatibility planning study, Port Authority of New 
York and New Jersey. 
TITLE VI—FAA EMPLOYEES AND ORGANIZATION 
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Sec. 601. Federal Aviation Administration personnel management system. 
Sec. 602. MSPB remedial authority for FAA employees. 
Sec. 603. FAA technical training and staffing. 
Sec. 604. Designee program. 
Sec. 605. Staffing model for aviation safety inspectors. 
Sec. 606. Safety critical staffing. 
Sec. 607. FAA air traffic controller staffing. 
Sec. 608. Assessment of training programs for air traffic controllers. 
Sec. 609. Collegiate training initiative study. 
Sec. 610. 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. 
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, New York. 
Sec. 819. Cabin temperature 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. 
TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT 
Sec. 901. Short title. 
Sec. 902. Definitions. 
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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. 
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— 
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be used for the development and analysis of wake vortex 
mitigation, including advisory systems. 
‘‘(d) WEATHER HAZARDS.— 
‘‘(1) IN GENERAL.—Of amounts appropriated 
under subsection (a), such sums as may be nec-
essary for each of fiscal years 2009 through 2012 
may be used for the development of in-flight and 
ground-based weather threat mitigation systems, in-
cluding ground de-icing and anti-icing systems and 
other systems for predicting, detecting, and miti-
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. 
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‘‘(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 
2009 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), 
$10,000,000 for fiscal year 2009, $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 de-
velopment and implementation of runway incursion reduc-
tion programs. 
‘‘(g) RUNWAY STATUS LIGHTS.—Of amounts appro-
priated under subsection (a), $50,000,000 for fiscal year 
2009, $125,000,000 for fiscal year 2010, $100,000,000 
for 2011, and $50,000,000 for fiscal year 2012 may be 
used for the acquisition and installation of runway status 
lights. 
‘‘(h) NEXTGEN
SYSTEMS
DEVELOPMENT
PRO-
GRAMS.—Of amounts appropriated under subsection (a), 
$41,400,000 for fiscal year 2009, $102,900,000 for fiscal 
year 2010, $104,000,000 for fiscal year 2011, and 
$105,300,000 for fiscal year 2012 may be used for sys-
tems development activities associated with NextGen. 
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‘‘(i) NEXTGEN DEMONSTRATION PROGRAMS.—Of 
amounts appropriated under subsection (a), $28,000,000 
for fiscal year 2009, $30,000,000 for fiscal year 2010, 
$30,000,000 for fiscal year 2011, and $30,000,000 for fis-
cal year 2012 may be used for demonstration activities 
associated with NextGen. 
‘‘(j) ADDITIONAL PROGRAMS.—Of amounts appro-
priated under subsection (a), $21,900,000 for fiscal year 
2009, $22,500,000 for fiscal year 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) $8,998,462,000 for fiscal year 2009; 
‘‘(B) $9,531,272,000 for fiscal year 2010; 
‘‘(C) $9,936,259,000 for fiscal year 2011; 
and 
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‘‘(D) $10,350,155,000 for fiscal year 
2012.’’. 
(b) 
AUTHORIZED
EXPENDITURES.—Section 
106(k)(2) is amended— 
(1) by striking subparagraphs (A), (B), (C), 
(D), and (F); 
(2) by redesignating subparagraphs (E) and 
(G) as subparagraphs (A) and (B), respectively; and 
(3) in subparagraphs (A) and (B) (as so redes-
ignated) by striking ‘‘2004 through 2007’’ and in-
serting ‘‘2009 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 2009, 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 2009, $323,277,000, in-
cluding— 
‘‘(A) $8,457,000 for fire research and safe-
ty; 
‘‘(B) $4,050,000 for propulsion and fuel 
systems; 
‘‘(C) $2,920,000 for advanced materials 
and structural safety; 
‘‘(D) $4,838,000 for atmospheric hazards 
and digital system safety; 
‘‘(E) $14,683,000 for aging aircraft; 
‘‘(F) $2,158,000 for aircraft catastrophic 
failure prevention research; 
‘‘(G) $11,000,000 for flightdeck mainte-
nance, system integration, and human factors; 
‘‘(H) $12,488,000 for aviation safety risk 
analysis; 
‘‘(I) $15,323,000 for air traffic control, 
technical operations, and human factors; 
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‘‘(J) $8,395,000 for aeromedical research; 
‘‘(K) $22,336,000 for weather program; 
‘‘(L) $6,738,000 for unmanned aircraft 
systems research; 
‘‘(M) $18,100,000 for the Next Generation 
Air Transportation System Joint Planning and 
Development Office; 
‘‘(N) $10,560,000 for wake turbulence; 
‘‘(O) 
$10,425,000 
for 
NextGen—Air 
ground integration; 
‘‘(P) $8,025,000 for NextGen—Self sepa-
ration; 
‘‘(Q) $8,049,000 for NextGen—Weather 
technology in the cockpit; 
‘‘(R) $22,939,000 for environment and en-
ergy; 
‘‘(S) $16,050,000 for NextGen—Environ-
mental research—Aircraft technologies, fuels, 
and metrics; 
‘‘(T) $1,847,000 for system planning and 
resource management; 
‘‘(U) $3,548,000 for the William J. 
Hughes Technical Center Laboratory Facility; 
‘‘(V) $76,000,000 for Center for Advanced 
Aviation System Development; 
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‘‘(W) $5,000,000 for the Airport Coopera-
tive Research Program—capacity; 
‘‘(X) $5,000,000 for the Airport Coopera-
tive Research Program—environment; 
‘‘(Y) $5,000,000 for the Airport Coopera-
tive Research Program—safety; 
‘‘(Z) $9,109,000 for airports technology 
research—capacity; and 
‘‘(AA) $10,239,000 for airports technology 
research—safety; 
‘‘(14) for fiscal year 2010, $327,935,000, 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; 
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‘‘(H) $12,589,000 for aviation safety risk 
analysis; 
‘‘(I) $15,471,000 for air traffic control, 
technical operations, and human factors; 
‘‘(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; 
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‘‘(U) $3,674,000 for the William J. 
Hughes Technical Center Laboratory Facility; 
‘‘(V) $79,000,000 for Center for Advanced 
Aviation System Development; 
‘‘(W) $5,000,000 for the Airport Coopera-
tive Research Program—capacity; 
‘‘(X) $5,000,000 for the Airport Coopera-
tive Research Program—environment; 
‘‘(Y) $5,000,000 for the Airport Coopera-
tive Research Program—safety; 
‘‘(Z) $9,109,000 for airports technology 
research—capacity; and 
‘‘(AA) $10,239,000 for airports technology 
research—safety; 
‘‘(15) for fiscal year 2011, $339,341,000, in-
cluding— 
‘‘(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; 
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‘‘(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; 
‘‘(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; 
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‘‘(S) $20,368,000 for NextGen—Environ-
mental research—Aircraft technologies, fuels, 
and metrics; 
‘‘(T) $1,836,000 for system planning and 
resource management; 
‘‘(U) $3,804,000 for the William J. 
Hughes Technical Center Laboratory Facility; 
‘‘(V) $79,000,000 for Center for Advanced 
Aviation System Development; 
‘‘(W) $5,000,000 for the Airport Coopera-
tive Research Program—capacity; 
‘‘(X) $5,000,000 for the Airport Coopera-
tive Research Program—environment; 
‘‘(Y) $5,000,000 for the Airport Coopera-
tive Research Program—safety; 
‘‘(Z) $9,109,000 for airports technology 
research—capacity; and 
‘‘(AA) $10,239,000 for airports technology 
research—safety; and 
‘‘(16) for fiscal year 2012, $360,008,000, in-
cluding— 
‘‘(A) $8,957,000 for fire research and safe-
ty; 
‘‘(B) $4,201,000 for propulsion and fuel 
systems; 
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‘‘(C) $2,986,000 for advanced materials 
and structural safety; 
‘‘(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; 
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‘‘(Q) $8,569,000 for NextGen—Weather 
technology in the cockpit; 
‘‘(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; 
‘‘(U) $3,941,000 for the William J. 
Hughes Technical Center Laboratory Facility; 
‘‘(V) $80,800,000 for Center for Advanced 
Aviation System Development; 
‘‘(W) $5,000,000 for the Airport Coopera-
tive Research Program—capacity; 
‘‘(X) $5,000,000 for the Airport Coopera-
tive Research Program—environment; 
‘‘(Y) $5,000,000 for the Airport Coopera-
tive Research Program—safety; 
‘‘(Z) $9,109,000 for airports technology 
research—capacity; and 
‘‘(AA) $10,239,000 for airports technology 
research—safety.’’. 
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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 each of fiscal years 2009 and 
2010, be equal to 95 percent of the esti-
mated level of receipts plus interest cred-
ited 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— 
‘‘(I) 95 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 
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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’’. 
(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.’’. 
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(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’’; 
(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’’; 
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(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). 
(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 
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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. 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.— 
‘‘(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.— 
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‘‘(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. 
‘‘(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-
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tion to enter preliminary engineering to de-
termine the projected use of the project for 
purposes of subparagraph (A).’’. 
SEC. 114. 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; 
(2) whether the costs to an airport of accommo-
dating additional connecting passengers differs from 
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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— 
(A) the findings of the Secretary on each 
of the subjects listed in subsection (b); and 
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(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-
vided by the Administrator, or by programs financed 
by the Administrator, to flights that neither take off 
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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 May 1, 2009, and are intended to ensure 
that overflight fees are reasonably related to the Ad-
ministrator’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 
expenses of the services provided and the facilities 
and equipment used in such services, including the 
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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.—The Admin-
istrator of the Federal Aviation Administration shall es-
tablish the following fees for services and activities of the 
Administration: 
‘‘(1) $130 for registering an aircraft. 
‘‘(2) $45 for replacing an aircraft registration. 
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‘‘(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) FEES CREDITED
AS OFFSETTING COLLEC-
TIONS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
3302 of title 31, any fee authorized to be collected 
under this section shall, subject to appropriation 
made in advance— 
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‘‘(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; and 
‘‘(C) remain available until expended. 
‘‘(2) CONTINUING APPROPRIATIONS.—The Ad-
ministrator 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 Administra-
tion’s regular appropriations. 
‘‘(3) ADJUSTMENTS.—The Administrator shall 
periodically adjust the fees established by subsection 
(a) when cost data from the cost accounting system 
developed pursuant to section 45303(e) reveal that 
the cost of providing the service is higher or lower 
than the cost data that were used to establish the 
fee then in effect.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 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— 
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(1) by striking ‘‘A fee’’ and inserting the fol-
lowing: 
‘‘(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 im-
posed under section 45305.’’. 
Subtitle D—AIP Modifications 
SEC. 131. AMENDMENTS TO AIP DEFINITIONS. 
(a) AIRPORT DEVELOPMENT.—Section 47102(3) is 
amended— 
(1) in subparagraph (B)(iv) by striking ‘‘20’’ 
and inserting ‘‘9’’; and 
(2) by adding at the end the following: 
‘‘(M) construction of mobile refueler park-
ing 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, non-ex-
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clusive use facilities to aircraft parked at a pub-
lic use airport for the purpose of reducing en-
ergy 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 by inserting before the period at the end the fol-
lowing: ‘‘and developing an environmental management 
system’’. 
(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 fol-
lowing: 
‘‘(8) ‘general aviation airport’ means a public 
airport that is located in a State and that, as deter-
mined by the Secretary— 
‘‘(A) does not have scheduled service; or 
‘‘(B) has scheduled service with less that 
2,500 passenger boardings each year.’’. 
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(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: 
‘‘(24) ‘revenue producing aeronautical support 
facilities’ means fuel farms, hangar buildings, self- 
service credit card aeronautical fueling systems, air-
plane 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 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 build-
ing; and 
‘‘(iii) walkways that lead directly to or 
from an airport passenger terminal build-
ing; and 
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‘‘(B) the cost of a vehicle described in sec-
tion 47119(a)(1)(B).’’. 
SEC. 132. AMENDMENTS TO 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 facil-
ity that meets the conditions of section 47110(d)’’. 
(b) WRITTEN ASSURANCES ON ACQUIRING LAND.— 
(1) 
USE
OF
PROCEEDS.—Section 
47107(c)(2)(A)(iii) is amended by striking ‘‘paid to 
the Secretary’’ and all that follows before the semi-
colon 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) PRIORITIES FOR REINVESTMENT.—In ap-
proving the reinvestment or transfer of proceeds 
under subsection (c)(2)(A)(iii), the Secretary shall 
give preference, in descending order, to the following 
actions: 
‘‘(A) Reinvestment in an approved noise 
compatibility project. 
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SEC. 147. REPEAL OF LIMITATIONS ON METROPOLITAN 
WASHINGTON AIRPORTS AUTHORITY. 
Section 49108, and the item relating to such section 
in the analysis for chapter 491, are repealed. 
SEC. 148. MIDWAY ISLAND AIRPORT. 
Section 186(d) of the Vision 100—Century of Avia-
tion Reauthorization Act (117 Stat. 2518) is amended by 
striking ‘‘for fiscal years ending before October 1, 2008 
and for the portion of fiscal year 2009 ending before April 
1, 2009,’’ and inserting ‘‘October 1, 2012’’. 
SEC. 149. PUERTO RICO MINIMUM GUARANTEE. 
Section 47114(e) is amended— 
(1) in the subsection heading by inserting ‘‘AND 
PUERTO RICO’’ after ‘‘ALASKA’’; and 
(2) by adding at the end the following: 
‘‘(5) PUERTO RICO MINIMUM GUARANTEE.—In 
any fiscal year in which the total amount appor-
tioned to airports in Puerto Rico under subsections 
(c) and (d) is less than 1.5 percent of the total 
amount apportioned to all airports under subsections 
(c) and (d), the Secretary shall apportion to the 
Puerto Rico Ports Authority for airport development 
projects in such fiscal year an amount equal to the 
difference between 1.5 percent of the total amounts 
apportioned under subsections (c) and (d) in such 
fiscal year and the amount otherwise apportioned 
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under subsections (c) and (d) to airports in Puerto 
Rico in such fiscal year.’’. 
SEC. 150. 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 in-
serting ‘‘the airport system to—’’; 
(B) in paragraph (1) by striking ‘‘system 
in the particular area;’’ and inserting ‘‘system, 
including connection to the surface transpor-
tation network; and’’; 
(C) in paragraph (2) by striking ‘‘; and’’ 
and inserting a period; and 
(D) by striking paragraph (3); 
(2) in subsection (b)— 
(A) in paragraph (1) by striking the semi-
colon and inserting ‘‘; and’’; 
(B) by striking paragraph (2) and redesig-
nating 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 oper-
ations,’’; and 
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lating to the Next Generation Air Transportation 
System. 
‘‘(C) The head of a Federal agency referred to in sub-
paragraph (B) shall ensure that— 
‘‘(i) 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); and 
‘‘(ii) the performance of the senior official in 
carrying out the responsibilities of the agency relat-
ing to the Next Generation Air Transportation Sys-
tem is reflected in the official’s annual performance 
evaluations and compensation. 
‘‘(D) The head of a Federal agency referred to in 
subparagraph (B) shall— 
‘‘(i) establish or designate an office within the 
agency to carry out its responsibilities under the 
memorandum of understanding under the super-
vision of the designated official; and 
‘‘(ii) ensure that the designated official has suf-
ficient budgetary authority and staff resources to 
carry out the agency’s Next Generation Air Trans-
portation System responsibilities as set forth in the 
integrated plan under subsection (b). 
VerDate Nov 24 2008 
00:55 Feb 10, 2009
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