IB 
Union Calendar No. 62 
111TH CONGRESS 
1ST SESSION 
H. R. 915 
[Report No. 111–119, Part I] 
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 
MAY 19, 2009 
Reported from the Committee on Transportation and Infrastructure with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MAY 19, 2009 
Committee on Science and Technology discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be 
printed 
[For text of introduced bill, see copy of bill as introduced on February 9, 2009] 
A BILL 
To amend title 49, United States Code, to authorize appro-
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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’’. 
(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. 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. 
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Sec. 135. Amendments to allowable costs. 
Sec. 136. Uniform certification training for airport concessions under disadvan-
taged business enterprise program. 
Sec. 137. Preference for small business concerns owned and controlled by disabled 
veterans. 
Sec. 138. Minority and disadvantaged business participation. 
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. 
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 Devel-
opment 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 Gen-
eration Air Transportation System. 
Sec. 207. GAO review of Next Generation Air Transportation System acquisition 
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 Trans-
portation 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. 
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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. 
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. 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 protection. 
Sec. 420. Denied boarding compensation. 
Sec. 421. Compensation for delayed baggage. 
Sec. 422. Schedule reduction. 
Sec. 423. Expansion of DOT airline consumer complaint investigations. 
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Sec. 424. Prohibitions against voice communications using mobile communica-
tions devices on scheduled flights. 
Sec. 425. Antitrust exemptions. 
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 stand-
ards. 
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. 
Sec. 514. GAO study on compliance with FAA record of decision. 
TITLE VI—FAA EMPLOYEES AND ORGANIZATION 
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 aris-
ing 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 Transpor-
tation Safety Board employees. 
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Sec. 809. GAO study on cooperation of airline industry in international child ab-
duction 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 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. Wind turbine lighting. 
Sec. 825. Limiting access to flight decks of all-cargo aircraft. 
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 climate. 
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 provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 49, United States Code. 
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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 insert-
ing ‘‘September 30, 2008’’; and 
(2) by striking paragraphs (1) through (6) and 
inserting the following: 
‘‘(1) $3,900,000,000 for fiscal year 2009; 
‘‘(2) $4,000,000,000 for fiscal year 2010; 
‘‘(3) $4,100,000,000 for fiscal year 2011; and 
‘‘(4) $4,200,000,000 for fiscal year 2012.’’. 
(b) ALLOCATIONS
OF
FUNDS.—Section 48103 is 
amended— 
(1) by striking ‘‘The total amounts’’ and insert-
ing ‘‘(a) AVAILABILITY
OF
AMOUNTS.—The total 
amounts’’; and 
(2) by adding at the end the following: 
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essary for each of fiscal years 2009 through 2012 may be 
used for the development and analysis of wake vortex miti-
gation, including advisory systems. 
‘‘(d) WEATHER HAZARDS.— 
‘‘(1) IN
GENERAL.—Of amounts appropriated 
under subsection (a), such sums as may be necessary 
for each of fiscal years 2009 through 2012 may be 
used for the development of in-flight and ground-based 
weather threat mitigation systems, including ground 
de-icing and anti-icing systems and other systems for 
predicting, detecting, and mitigating the effects of cer-
tain weather conditions on both airframes and en-
gines. 
‘‘(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 avail-
able) to reduce the hazards presented to commer-
cial 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 development 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 development and implemen-
tation of runway incursion reduction 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 systems 
development activities associated with NextGen. 
‘‘(i) NEXTGEN
DEMONSTRATION
PROGRAMS.—Of 
amounts appropriated under subsection (a), $28,000,000 
for fiscal year 2009, $30,000,000 for fiscal year 2010, 
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$30,000,000 for fiscal year 2011, and $30,000,000 for fiscal 
year 2012 may be used for demonstration activities associ-
ated with NextGen. 
‘‘(j) CENTER FOR ADVANCED AVIATION SYSTEM DE-
VELOPMENT.—Of amounts appropriated under subsection 
(a), $76,000,000 for fiscal year 2009, $79,000,000 for fiscal 
year 2010, $79,000,000 for fiscal year 2011, and 
$80,800,000 for fiscal year 2012 may be used for the Center 
for Advanced Aviation System Development. 
‘‘(k) 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 fis-
cal 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; 
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‘‘(C) $9,936,259,000 for fiscal year 2011; 
and 
‘‘(D) $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 fis-
cal years 2009 through 2012 to support develop-
ment and maintenance of helicopter approach 
procedures, including certification and recertifi-
cation of instrument flight rule, global posi-
tioning system, and point-in-space approaches to 
heliports necessary to support all weather, emer-
gency 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 ‘‘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 
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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 Research 
and Innovative Technology Administration of the Depart-
ment of Transportation $6,000,000 for each of fiscal 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 
(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, $212,929,000, includ-
ing— 
‘‘(A) $8,457,000 for fire research and safety; 
‘‘(B) $4,050,000 for propulsion and fuel 
systems; 
‘‘(C) $2,920,000 for advanced materials and 
structural safety; 
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‘‘(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, tech-
nical operations, and human factors; 
‘‘(J) $8,395,000 for aeromedical research; 
‘‘(K) $22,336,000 for weather program; 
‘‘(L) $6,738,000 for unmanned aircraft sys-
tems 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 separa-
tion; 
‘‘(Q) $8,049,000 for NextGen—Weather 
technology in the cockpit; 
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