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 fa-
cility 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 disabled 
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. 
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. 
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. 
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.
Subtitle D—Airline Safety and Pilot Training Improvement 
Sec. 341. Short title. 
Sec. 342. Definitions. 
Sec. 343. FAA Task Force on Air Carrier Safety and Pilot Training. 
Sec. 344. Implementation of NTSB flight crewmember training recommendations. 
Sec. 345. Secretary of Transportation responses to safety recommendations. 
Sec. 346. FAA pilot records database. 
Sec. 347. FAA rulemaking on training programs. 
Sec. 348. Aviation safety inspectors and operational research analysts. 
Sec. 349. Flight crewmember mentoring, professional development, and leader-
ship. 
Sec. 350. Flight crewmember screening and qualifications. 
Sec. 351. Airline transport pilot certification. 
Sec. 352. Flight schools, flight education, and pilot academic training. 
Sec. 353. Voluntary safety programs. 
Sec. 354. ASAP and FOQA implementation plan. 
Sec. 355. Safety management systems. 
Sec. 356. Disclosure of air carriers operating flights for tickets sold for air trans-
portation. 
Sec. 357. Pilot fatigue. 
Sec. 358. Flight crewmember pairing and crew resource management techniques. 
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 protection. 
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. 
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 stand-
ards. 
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 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. 
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 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 Inter-
national 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 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. 
TITLE X—AIRPORT AND AIRWAY TRUST FUND FINANCING 
Sec. 1001. Short title. 
Sec. 1002. Extension and modification of taxes funding airport and airway trust 
fund.
TITLE XI—COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 
2010 
Sec. 1101. Compliance provision. 
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of 
an amendment to, or a repeal of, a section or other provi-
sion, 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 insert-
ing ‘‘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
‘‘(3) $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: 
‘‘(b) AIRPORT COOPERATIVE RESEARCH PROGRAM.— 
Of the amounts made available under subsection (a), 
$15,000,000 for each of fiscal years 2010 through 2012 may 
be used for carrying out the Airport Cooperative Research 
Program. 
‘‘(c) AIRPORTS
TECHNOLOGY
RESEARCH.—Of the 
amounts made available under subsection (a), $19,348,000 
for each of fiscal years 2010 through 2012 may be used for 
carrying out airports technology research.’’. 
(c) OBLIGATIONAL AUTHORITY.—Section 47104(c) is 
amended by striking ‘‘September 30, 2009’’ and inserting 
‘‘September 30, 2012’’. 
(d) RESCISSION OF UNOBLIGATED BALANCES.—Of the 
amounts authorized under sections 48103 and 48112 of title 
49, United States Code, for fiscal year 2009, $305,500,000 
are hereby rescinded. Of the unobligated balances from 
funds available under such sections for fiscal years prior 
to fiscal year 2009, $102,000,000 are hereby rescinded.
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
48101(a) is amended by striking paragraphs (1) through 
(5) and inserting the following: 
‘‘(1) $3,259,000,000 for fiscal year 2010. 
‘‘(2) $3,353,000,000 for fiscal year 2011. 
‘‘(3) $3,506,000,000 for fiscal year 2012.’’. 
(b) USE OF FUNDS.—Section 48101 is amended by 
striking subsections (c) through (i) and inserting the fol-
lowing: 
‘‘(c) WAKE VORTEX MITIGATION.—Of amounts appro-
priated under subsection (a), such sums as may be nec-
essary for each of fiscal years 2010 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 2010 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. 
‘‘(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 development 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 devel-
opment and implementation of runway incursion reduction 
programs. 
‘‘(g) RUNWAY STATUS LIGHTS.—Of amounts appro-
priated under subsection (a), $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), 
$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), $30,000,000 
for fiscal year 2010, $30,000,000 for fiscal year 2011, and 
$30,000,000 for fiscal year 2012 may be used for dem-
onstration activities associated with NextGen. 
‘‘(j) CENTER FOR ADVANCED AVIATION SYSTEM DE-
VELOPMENT.—Of amounts appropriated under subsection 
(a), $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 Develop-
ment. 
‘‘(k) ADDITIONAL PROGRAMS.—Of amounts appro-
priated under subsection (a), $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) $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 fis-
cal years 2010 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.’’;
‘‘(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 separa-
tion; 
‘‘(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, includ-
ing— 
‘‘(A) $8,815,000 for fire research and safety; 
‘‘(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, tech-
nical 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 sys-
tems 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 separa-
tion;
‘‘(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, includ-
ing— 
‘‘(A) $8,957,000 for fire research and safety; 
‘‘(B) $4,201,000 for propulsion and fuel 
systems; 
‘‘(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, tech-
nical 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 sys-
tems 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 separa-
tion; 
‘‘(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; 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 fol-
lows: 
‘‘(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 receipts 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— 
‘‘(I) 90 percent of the estimated 
level of receipts plus interest credited to 
the Airport and Airway Trust Fund 
for that fiscal year; and 
‘‘(II) the actual level of receipts 
plus interest credited to the Airport 
and Airway Trust Fund for the second 
preceding fiscal year minus the total
amount made available for obligation 
from the Airport and Airway Trust 
Fund for the second preceding fiscal 
year. 
Such amounts may be used only for 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 INTEREST 
DEFINED.—Section 48114(b)(2) is amended— 
(1) in the paragraph heading by striking 
‘‘LEVEL’’ and inserting ‘‘ESTIMATED LEVEL’’; and 
(2) by striking ‘‘level of receipts plus interest’’ 
and inserting ‘‘estimated level of receipts plus 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 amended 
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’’; 
(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 sub-
section (m) by striking ‘‘FEES’’ and inserting 
‘‘CHARGES’’; 
(G) by striking ‘‘fee’’ each place it appears 
(other than the second sentence of subsection 
(g)(4)) and inserting ‘‘charge’’; and 
(H) by striking ‘‘fees’’ each place it appears 
and inserting ‘‘charges’’. 
(2) 
OTHER
REFERENCES.—Subtitle 
VII 
is 
amended by striking ‘‘fee’’ and inserting ‘‘charge’’ 
each place it appears in each of the following sections: 
(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 1 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: 
‘‘(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, engineering, 
surveying, mapping, and related services will be 
awarded in the same way that a contract for architec-
tural 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.— 
‘‘(1) PFC ELIGIBILITY.—Subject to the require-
ments of this subsection, the Secretary shall establish 
a pilot program under which the Secretary may au-
thorize, at no more than 5 airports, a passenger facil-
ity 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 DE-
FINED.—In this section, the term ‘intermodal ground 
access project’ means a project for constructing a local 
facility owned or operated by an eligible agency that 
is directly and substantially related to the movement
of passengers or property traveling in air transpor-
tation. 
‘‘(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. 
‘‘(B) DETERMINATIONS
REGARDING
PRO-
JECTED PROJECT USE.— 
‘‘(i) IN GENERAL.—Except as provided 
by clause (ii), the Secretary shall determine 
the projected use of a project for purposes of 
subparagraph (A) at the time the project is 
approved under this subsection. 
‘‘(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 approved 
by the Federal Transit Administration to 
enter preliminary engineering to determine 
the projected use of the project for purposes 
of subparagraph (A).’’. 
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.—Except 
to the extent otherwise provided by the Secretary, re-
quirements relating to disadvantaged business enter-
prises, as set forth in parts 23 and 26 of title 49, 
Code of Federal Regulations (or a successor regula-
tion), shall apply to an airport collecting passenger 
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, subcontracts, 
and business opportunities funded using pas-
senger facility revenues, and airport concessions, 
are awarded consistent with the levels of partici-
pation of disadvantaged business enterprises and 
airport concessions disadvantaged business enter-
prises that would be expected 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 con-
tract funded using passenger facility revenues; 
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 passenger 
facility revenues. 
‘‘(3) EFFECTIVE
DATE.—Paragraph (1) shall 
take effect on the day following the date on which the 
Secretary issues final regulations under paragraph 
(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). 
‘‘(B) DISADVANTAGED
BUSINESS
ENTER-
PRISE.—The term ‘disadvantaged business enter-
prise’ 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 major-
ity of passengers are connecting passengers under the 
passenger facility charge program authorized by sec-
tion 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 fa-
cilities, for airports at which the majority of pas-
sengers are connecting passengers as compared to air-
ports at which the majority of passengers are origi-
nating and destination passengers; 
(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 facility 
charge, the percentage of passenger facility charge rev-
enue attributable to connecting passengers and the 
percentage of such revenue attributable to originating 
and destination passengers; 
(4) the potential effects on airport revenues of re-
quiring airports to charge different levels of passenger 
facility charges on connecting passengers and origi-
nating 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 1 year after 
the date of initiation of the study, the Secretary shall 
submit to Congress a report on the results 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 
(B) recommendations, if any, of the Sec-
retary based on the results of the study for any 
changes to the passenger facility charge program, 
including recommendations as to whether dif-
ferent levels of passenger facility charges should 
be imposed on connecting passengers and origi-
nating 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 Ad-
ministration’s costs, as determined by the Adminis-
trator, of providing the services rendered. Services for 
which costs may be recovered include the costs of air 
traffic control, navigation, weather services, training, 
and emergency services which are available to facili-
tate safe transportation over the United States and 
the costs of other services provided by the Adminis-
trator, 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 Admin-
istrator, and the allocation of such costs by the Ad-
ministrator to services provided, are not subject to ju-
dicial review. 
‘‘(2) ADJUSTMENT OF FEES.—The Administrator 
shall adjust the overflight fees established by sub-
section (a)(1) by expedited rulemaking and begin col-
lections under the adjusted fees by May 1, 2010. In 
developing the adjusted overflight fees, the Adminis-
trator may seek and consider the recommendations of-
fered by an aviation rulemaking committee for over-
flight fees that are provided to the Administrator by 
September 1, 2009, and are intended to ensure that 
overflight fees are reasonably related to the Adminis-
trator’s costs of providing air traffic control and re-
lated services to overflights.
‘‘(3) AIRCRAFT ALTITUDE.—Nothing in this sec-
tion shall require the Administrator to take into ac-
count aircraft altitude in establishing any fee for air-
craft 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 pro-
jected costs for the period during which the services 
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 adding 
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 services 
and activities of the Administration: 
‘‘(1) $130 for registering an aircraft. 
‘‘(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 col-
lected under this section unless the expenditure of the fee 
to pay the costs of activities and services for which the fee 
is imposed is provided for in advance in an appropriations 
Act. 
‘‘(c) FEES
CREDITED
AS
OFFSETTING
COLLEC-
TIONS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
3302 of title 31, any fee authorized to be collected 
under this section shall— 
‘‘(A) be credited as offsetting collections to 
the account that finances the activities and serv-
ices 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 Admin-
istration is provided under an Act providing con-
tinuing 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 chapter 
453 is amended by adding at the end the following: 
‘‘45305. Registration, certification, and related fees.’’. 
(c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR 
TRANSPORTATION.—Section 45302(e) is amended— 
(1) by striking ‘‘A fee’’ and inserting the 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 imposed under sec-
tion 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 parking 
within a fuel farm at a nonprimary airport 
meeting the requirements of section 112.8 of title 
40, Code of Federal Regulations. 
‘‘(N) terminal development under section 
47119(a). 
‘‘(O) acquiring and installing facilities and 
equipment to provide air conditioning, heating, 
or electric power from terminal-based, non-exclu-
sive use facilities to aircraft parked at a public 
use airport for the purpose of reducing energy 
use or harmful emissions as compared to the pro-
vision of such air conditioning, heating, or elec-
tric power from aircraft-based systems.’’. 
(b) AIRPORT PLANNING.—Section 47102(5) is amend-
ed by inserting before the period at the end the following: 
‘‘, 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 than 
2,500 passenger boardings each year.’’. 
(d) REVENUE PRODUCING AERONAUTICAL SUPPORT 
FACILITIES.—Section 47102 is amended by inserting after 
paragraph (23) (as redesignated by subsection (c)(2) of this 
section) the following: 
‘‘(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 fa-
cilities that the Secretary determines will increase the 
revenue producing ability of the airport.’’.
(e) TERMINAL DEVELOPMENT.—Section 47102 is fur-
ther amended by adding at the end the following: 
‘‘(28) ‘terminal development’ means— 
‘‘(A) development of— 
‘‘(i) an airport passenger terminal 
building, including terminal gates; 
‘‘(ii) access roads servicing exclusively 
airport traffic that leads directly to or from 
an airport passenger terminal building; and 
‘‘(iii) walkways that lead directly to or 
from an airport passenger terminal build-
ing; and 
‘‘(B) the cost of a vehicle described in sec-
tion 47119(a)(1)(B).’’. 
SEC. 132. SOLID WASTE RECYCLING PLANS. 
(a) 
AIRPORT
PLANNING.—Section 
47102(5) 
(as 
amended by section 131(b) of this Act) is amended by in-
serting before the period at the end the following: ‘‘, and 
planning to minimize the generation of, and to recycle, air-
port solid waste in a manner that is consistent with appli-
cable State and local recycling laws’’. 
(b) MASTER PLAN.—Section 47106(a) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4);
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) in any case in which the project is for an 
airport that has an airport master plan, the master 
plan addresses the feasibility of solid waste recycling 
at the airport and minimizing the generation of solid 
waste at the airport.’’. 
SEC. 133. 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 facility 
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 pref-
erence, in descending order, to the following actions: 
‘‘(A) Reinvestment in an approved noise 
compatibility project. 
‘‘(B) Reinvestment in an approved project 
that is eligible for funding under section 
47117(e). 
‘‘(C) Reinvestment in an approved airport 
development project that is eligible for funding 
under section 47114, 47115, or 47117. 
‘‘(D) Transfer to a sponsor of another pub-
lic airport to be reinvested in an approved noise 
compatibility project at such airport. 
‘‘(E) Payment to the Secretary for deposit 
in the Airport and Airway Trust Fund.’’. 
(c) 
CLERICAL
AMENDMENT.—Section 
47107(c)(2)(B)(iii) is amended by striking ‘‘the Fund’’ and 
inserting ‘‘the Airport and Airway Trust Fund established 
under section 9502 of the Internal Revenue Code of 1986 
(26 U.S.C. 9502)’’. 
SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS. 
Section 47109 is amended— 
(1) in subsection (a) by striking ‘‘provided in 
subsection (b) or subsection (c) of this section’’ and
inserting ‘‘otherwise specifically provided in this sec-
tion’’; and 
(2) by adding at the end the following: 
‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL 
HUB TO MEDIUM HUB STATUS.—If the status of a small 
hub airport changes to a medium hub airport, the Govern-
ment’s share of allowable project costs for the airport may 
not exceed 90 percent for the first 2 fiscal years following 
such change in hub status. 
‘‘(f) SPECIAL RULE FOR ECONOMICALLY DEPRESSED 
COMMUNITIES.—The Government’s share of allowable 
project costs shall be 95 percent for a project at an airport 
that— 
‘‘(1) is receiving subsidized air service under 
subchapter II of chapter 417; and 
‘‘(2) is located in an area that meets one or more 
of the criteria established in section 301(a) of the 
Public Works and Economic Development Act of 1965 
(42 U.S.C. 3161(a)), as determined by the Secretary 
of Commerce.’’. 
SEC. 135. AMENDMENTS TO ALLOWABLE COSTS. 
(a) 
ALLOWABLE
PROJECT
COSTS.—Section 
47110(b)(2)(D) is amended to read as follows: 
‘‘(D) if the cost is for airport development and 
is incurred before execution of the grant agreement,
but in the same fiscal year as execution of the grant 
agreement, and if— 
‘‘(i) the cost was incurred before execution 
of the grant agreement due to the short construc-
tion season in the vicinity of the airport; 
‘‘(ii) the cost is in accordance with an air-
port layout plan approved by the Secretary and 
with all statutory and administrative require-
ments that would have been applicable to the 
project if the project had been carried out after 
execution of the grant agreement; 
‘‘(iii) the sponsor notifies the Secretary be-
fore authorizing work to commence on the 
project; and 
‘‘(iv) the sponsor’s decision to proceed with 
the project in advance of execution of the grant 
agreement does not affect the priority assigned to 
the project by the Secretary for the allocation of 
discretionary funds;’’. 
(b) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
Section 47110(d) is amended to read as follows: 
‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
The Secretary may determine that the costs of relocating 
or replacing an airport-owned facility are allowable for an 
airport development project at an airport only if—
‘‘(1) the Government’s share of such costs will be 
paid with funds apportioned to the airport sponsor 
under section 47114(c)(1) or 47114(d); 
‘‘(2) the Secretary determines that the relocation 
or replacement is required due to a change in the Sec-
retary’s design standards; and 
‘‘(3) the Secretary determines that the change is 
beyond the control of the airport sponsor.’’. 
(c) NONPRIMARY
AIRPORTS.—Section 47110(h) is 
amended— 
(1) by inserting ‘‘construction of’’ before ‘‘rev-
enue producing’’; and 
(2) by striking ‘‘, including fuel farms and hang-
ars,’’. 
SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS 
OWNED AND CONTROLLED BY DISABLED VET-
ERANS. 
Section 47112(c) is amended by adding at the end the 
following: 
‘‘(3) A contract involving labor for carrying out an 
airport development project under a grant agreement under 
this subchapter must require that a preference be given to 
the use of small business concerns (as defined in section 3 
of the Small Business Act (15 U.S.C. 632)) owned and con-
trolled by disabled veterans.’’.
SEC. 137. AIRPORT DISADVANTAGED BUSINESS ENTER-
PRISE PROGRAM. 
(a) PURPOSE.—It is the purpose of the airport dis-
advantaged business program to ensure that minority- and 
women-owned businesses have a full and fair opportunity 
to compete in federally assisted airport contracts and con-
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 continuation of 
the airport disadvantaged business enterprise pro-
gram. 
(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
ally and locally funded airport related con-
tracting; 
(B) statistical analyses of private sector dis-
parities in business success by minority- and 
women-owned businesses in airport related in-
dustries; 
(C) research compiling anecdotal reports of 
discrimination by individual minority and 
women business owners; 
(D) individual reports of discrimination by 
minority and women business owners and the 
organizations and individuals who represent mi-
nority and women business owners; 
(E) analyses demonstrating significant re-
ductions in the participation of minority and 
women businesses in jurisdictions that have re-
duced or eliminated their minority- and women- 
owned business programs; 
(F) statistical analyses showing significant 
disparities in the credit available to minority- 
and women-owned businesses; 
(G) research and statistical analyses dem-
onstrating how discrimination negatively im-
pacts firm formation, growth, and success;
(H) experience of airports and other local-
ities demonstrating that race- and gender-neu-
tral efforts alone are insufficient to remedy dis-
crimination; and 
(I) other qualitative and quantitative evi-
dence of discrimination against minority- and 
women-owned businesses in airport-related in-
dustries. 
(6) All of this evidence provides a strong basis 
for the continuation of the airport disadvantaged 
business enterprise program and the airport conces-
sions disadvantaged business enterprise program. 
(7) Congress has received and reviewed recent 
comprehensive and compelling evidence of discrimina-
tion from many different sources, including congres-
sional hearings and roundtables, scientific reports, re-
ports issued by public and private agencies, news sto-
ries, reports of discrimination by organizations and 
individuals, and discrimination lawsuits. 
(c) DISADVANTAGED BUSINESS ENTERPRISE PER-
SONAL NET WORTH CAP; BONDING REQUIREMENTS.—Sec-
tion 47113 is amended by adding at the end the following: 
‘‘(e) PERSONAL NET WORTH CAP.— 
‘‘(1) REGULATIONS.—Not later than 180 days 
after the date of enactment of this subsection, the Sec-
retary shall issue final regulations to adjust the per-
sonal net worth cap used in determining whether an 
individual is economically disadvantaged for pur-
poses of qualifying under the definition contained in 
subsection (a)(2) and under section 47107(e). The reg-
ulations shall correct for the impact of inflation since 
the Small Business Administration established the 
personal net worth cap at $750,000 in 1989. 
‘‘(2) ANNUAL ADJUSTMENT.—Following the ini-
tial adjustment under paragraph (1), the Secretary 
shall adjust, on June 30 of each year thereafter, the 
personal net worth cap to account for changes, occur-
ring in the preceding 12-month period, in the Con-
sumer Price Index of All Urban Consumers (United 
States city average, all items) published by the Sec-
retary of Labor. 
‘‘(f) EXCLUSION OF RETIREMENT BENEFITS.— 
‘‘(1) IN
GENERAL.—In calculating a business 
owner’s personal net worth, any funds held in a 
qualified retirement account owned by the business 
owner shall be excluded, subject to regulations to be 
issued by the Secretary. 
‘‘(2) REGULATIONS.—Not later than one year 
after the date of enactment of this subsection, the Sec-
retary shall issue final regulations to implement
paragraph (1), including consideration of appro-
priate safeguards, such as a limit on the amount of 
such accounts, to prevent circumvention of personal 
net worth requirements. 
‘‘(g) PROHIBITION ON EXCESSIVE OR DISCRIMINATORY 
BONDING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
a program to eliminate barriers to small business 
participation in airport-related contracts and conces-
sions by prohibiting excessive, unreasonable, or dis-
criminatory bonding requirements for any project 
funded under this chapter or using passenger facility 
revenues under section 40117. 
‘‘(2) REGULATIONS.—Not later than one year 
after the date of enactment of this subsection, the Sec-
retary shall issue a final rule to establish the program 
under paragraph (1).’’. 
SEC. 138. TRAINING PROGRAM FOR CERTIFICATION OF DIS-
ADVANTAGED BUSINESS ENTERPRISES. 
(a) MANDATORY TRAINING PROGRAM.—Section 47113 
(as amended by this Act) is further amended— 
(1) in subsection (b) by striking ‘‘Secretary’’ and 
inserting ‘‘Secretary of Transportation’’; and 
(2) by adding at the end the following: 
‘‘(h) MANDATORY TRAINING PROGRAM.—
‘‘(1) IN GENERAL.—Not later than one year after 
the date of enactment of this subsection, the Secretary 
shall establish a mandatory training program for 
persons described in paragraph (3) on certifying 
whether a small business concern qualifies as a small 
business concern owned and controlled by socially and 
economically disadvantaged individuals under this 
section and section 47107(e). 
‘‘(2) IMPLEMENTATION.—The training program 
may be implemented by one or more private entities 
approved by the Secretary. 
‘‘(3) PARTICIPANTS.—A person referred to in 
paragraph (1) is an official or agent of an airport 
sponsor— 
‘‘(A) who is required to provide a written 
assurance under this section or section 47107(e) 
that the airport owner or operator will meet the 
percentage goal of subsection (b) or section 
47107(e)(1); or 
‘‘(B) who is responsible for determining 
whether or not a small business concern qualifies 
as a small business concern owned and controlled 
by socially and economically disadvantaged in-
dividuals under this section or section 47107(e).
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—Out 
of amounts appropriated under section 106(k), not 
less than $2,000,000 for each of fiscal years 2010, 
2011, and 2012 shall be used to carry out this sub-
section and to support other programs and activities 
of the Secretary related to the participation of small 
business concerns owned and controlled by socially 
and economically disadvantaged individuals in air-
port related contracts or concessions.’’. 
(b) REPORT.—Not later than 24 months after the date 
of enactment of this Act, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and other ap-
propriate committees of Congress a report on the results of 
the training program conducted under the amendment 
made by subsection (b). 
SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND. 
Section 47114(d) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘Except as provided in 
paragraph (3), the Secretary’’ and inserting 
‘‘The Secretary’’; and 
(B) by striking ‘‘18.5 percent’’ and insert-
ing ‘‘10 percent’’; and
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) ADDITIONAL AMOUNT.— 
‘‘(A) IN GENERAL.—In addition to amounts 
apportioned under paragraph (2), and subject to 
subparagraph (B), the Secretary shall apportion 
to each airport, excluding primary airports but 
including reliever and nonprimary commercial 
service airports, in States the lesser of— 
‘‘(i) $150,000; or 
‘‘(ii) 1⁄5 of the most recently published 
estimate of the 5-year costs for airport im-
provement for the airport, as listed in the 
national plan of integrated airport systems 
developed by the Federal Aviation Adminis-
tration under section 47103. 
‘‘(B) REDUCTION.—In any fiscal year in 
which the total amount made available for ap-
portionment under paragraph (2) is less than 
$300,000,000, the Secretary shall reduce, on a 
prorated basis, the amount to be apportioned 
under subparagraph (A) and make such reduc-
tion available to be apportioned under para-
graph (2), so as to apportion under paragraph 
(2) a minimum of $300,000,000.’’.
SEC. 140. REDUCING APPORTIONMENTS. 
Section 47114(f)(1) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(2) in subparagraph (B)— 
(A) by inserting ‘‘except as provided by sub-
paragraph (C),’’ before ‘‘in the case’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) in the case of a charge of more than 
$4.50 imposed by the sponsor of an airport en-
planing at least one percent of the total number 
of boardings each year in the United States, 100 
percent of the projected revenues from the charge 
in the fiscal year but not more than 100 percent 
of the amount that otherwise would be appor-
tioned under this section.’’. 
SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND. 
Section 47115(g)(1) is amended by striking ‘‘sum of— 
’’ and all that follows through the period at the end of sub-
paragraph (B) and inserting ‘‘sum of $520,000,000.’’. 
SEC. 142. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 
Section 47115(j) is amended by striking ‘‘fiscal years 
2004 through 2009,’’ and inserting ‘‘fiscal years 2010 
through 2012,’’.
SEC. 143. USE OF APPORTIONED AMOUNTS. 
Section 47117(e)(1)(A) is amended— 
(1) in the first sentence— 
(A) by striking ‘‘35 percent’’ and inserting 
‘‘$300,000,000’’; 
(B) by striking ‘‘and’’ after ‘‘47141,’’; and 
(C) by inserting before the period at the end 
the following: ‘‘, and for water quality mitiga-
tion projects to comply with the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.) as 
approved in an environmental record of decision 
for an airport development project under this 
title’’; and 
(2) in the second sentence by striking ‘‘such 35 
percent requirement is’’ and inserting ‘‘the require-
ments of the preceding sentence are’’. 
SEC. 144. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 
(a) IN GENERAL.—Section 47133(b) is amended— 
(1) by striking ‘‘Subsection (a) shall not apply 
if’’ and inserting the following: 
‘‘(1) PRIOR
LAWS
AND
AGREEMENTS.—Sub-
section (a) shall not apply if’’; and 
(2) by adding at the end the following: 
‘‘(2) SALE
OF
PRIVATE
AIRPORT
TO
PUBLIC 
SPONSOR.—In the case of a privately owned airport,
subsection (a) shall not apply to the proceeds from the 
sale of the airport to a public sponsor if— 
‘‘(A) the sale is approved by the Secretary; 
‘‘(B) funding is provided under this subtitle 
for any portion of the public sponsor’s acquisi-
tion of airport land; and 
‘‘(C) an amount equal to the remaining 
unamortized portion of any airport improvement 
grant made to that airport for purposes other 
than land acquisition, amortized over a 20-year 
period, plus an amount equal to the Federal 
share of the current fair market value of any 
land acquired with an airport improvement 
grant made to that airport on or after October 
1, 1996, is repaid to the Secretary by the private 
owner. 
‘‘(3) TREATMENT OF REPAYMENTS.—Repayments 
referred to in paragraph (2)(C) shall be treated as a 
recovery of prior year obligations.’’. 
(b) APPLICABILITY
TO GRANTS.—The amendments 
made by subsection (a) shall apply to grants issued on or 
after October 1, 1996. 
SEC. 145. AIRPORT PRIVATIZATION PILOT PROGRAM. 
(a) APPROVAL REQUIREMENTS.—Section 47134 is 
amended 
in 
subsections 
(b)(1)(A)(i), 
(b)(1)(A)(ii),
(c)(4)(A), and (c)(4)(B) by striking ‘‘65 percent’’ each place 
it appears and inserting ‘‘75 percent’’. 
(b) PROHIBITION ON RECEIPT OF FUNDS.— 
(1) SECTION 47134.—Section 47134 is amended 
by adding at the end the following: 
‘‘(n) PROHIBITION ON RECEIPT OF CERTAIN FUNDS.— 
An airport receiving an exemption under subsection (b) 
shall be prohibited from receiving apportionments under 
section 47114 or discretionary funds under section 47115.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
47134(g) is amended— 
(A) in the subsection heading by striking 
‘‘APPORTIONMENTS;’’; 
(B) in paragraph (1) by striking the semi-
colon at the end and inserting ‘‘; or’’; 
(C) by striking paragraph (2); and 
(D) by redesignating paragraph (3) as 
paragraph (2). 
(c) FEDERAL SHARE OF PROJECT COSTS.—Section 
47109(a) is amended— 
(1) by striking the semicolon at the end of para-
graph (3) and inserting ‘‘; and’’; 
(2) by striking paragraph (4); and 
(3) by redesignating paragraph (5) as para-
graph (4).
SEC. 146. AIRPORT SECURITY PROGRAM. 
(a) GENERAL
AUTHORITY.—Section 47137(a) is 
amended by inserting ‘‘, in consultation with the Secretary 
of Homeland Security,’’ after ‘‘Transportation’’. 
(b) IMPLEMENTATION.—Section 47137(b) is amended 
to read as follows: 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—In carrying out this section, 
the Secretary of Transportation shall provide funding 
through a grant, contract, or another agreement de-
scribed in section 106(l)(6) to a nonprofit consortium 
that— 
‘‘(A) is composed of public and private per-
sons, including an airport sponsor; and 
‘‘(B) has at least 10 years of demonstrated 
experience in testing and evaluating anti-ter-
rorist technologies at airports. 
‘‘(2) PROJECT SELECTION.—The Secretary shall 
select projects under this subsection that— 
‘‘(A) evaluate and test the benefits of inno-
vative aviation security systems or related tech-
nology, including explosives detection systems, 
for the purpose of improving aviation and air-
craft physical security, access control, and pas-
senger and baggage screening; and
‘‘(B) provide testing and evaluation of air-
port security systems and technology in an oper-
ational, testbed environment.’’. 
(c) MATCHING SHARE.—Section 47137(c) is amended 
by inserting after ‘‘section 47109’’ the following: ‘‘or any 
other provision of law’’. 
(d) ADMINISTRATION.—Section 47137(e) is amended 
by adding at the end the following: ‘‘The Secretary may 
enter into an agreement in accordance with section 106(m) 
to provide for the administration of any project under the 
program.’’. 
(e) ELIGIBLE SPONSOR.—Section 47137 is amended 
by striking subsection (f) and redesignating subsection (g) 
as subsection (f). 
(f) AUTHORIZATION
OF APPROPRIATIONS.—Section 
47137(f) (as so redesignated) is amended by striking 
‘‘$5,000,000’’ and inserting ‘‘$8,500,000’’. 
SEC. 147. SUNSET OF PILOT PROGRAM FOR PURCHASE OF 
AIRPORT DEVELOPMENT RIGHTS. 
Section 47138 is amended by adding at the end the 
following: 
‘‘(f) SUNSET.—This section shall not be in effect after 
September 30, 2008.’’.
SEC. 148. EXTENSION OF GRANT AUTHORITY FOR COMPAT-
IBLE LAND USE PLANNING AND PROJECTS BY 
STATE AND LOCAL GOVERNMENTS. 
Section 47141(f) is amended by striking ‘‘September 
30, 2009’’ and inserting ‘‘September 30, 2012’’. 
SEC. 149. 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. 150. MIDWAY ISLAND AIRPORT. 
Section 186(d) of the Vision 100—Century of Aviation 
Reauthorization Act (117 Stat. 2518) is amended by strik-
ing ‘‘October 1, 2009,’’ and inserting ‘‘October 1, 2012,’’. 
SEC. 151. 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 Puer-
to 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 fis-
cal year and the amount otherwise apportioned under 
subsections (c) and (d) to airports in Puerto Rico in 
such fiscal year.’’. 
SEC. 152. MISCELLANEOUS AMENDMENTS. 
(a) TECHNICAL CHANGES TO NATIONAL PLAN OF IN-
TEGRATED AIRPORT SYSTEMS.—Section 47103 is amend-
ed— 
(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 operations,’’; 
and 
(3) in subsection (d) by striking ‘‘status of the’’. 
(b) UPDATE VETERANS PREFERENCE DEFINITION.— 
Section 47112(c) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B) by striking ‘‘sepa-
rated from’’ and inserting ‘‘discharged or re-
leased from active duty in’’; and 
(B) by adding at the end the following: 
‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 
individual who served on active duty (as defined by 
section 101 of title 38) in the Armed Forces for a pe-
riod of more than 180 consecutive days, any part of 
which occurred during the period beginning on Sep-
tember 11, 2001, and ending on the date prescribed 
by presidential proclamation or by law as the last 
date of Operation Iraqi Freedom, and who was sepa-
rated from the Armed Forces under honorable condi-
tions.’’; and 
(2) in paragraph (2) by striking ‘‘veterans and’’ 
and inserting ‘‘veterans, Afghanistan-Iraq war vet-
erans, and’’.
(c) CONSOLIDATION
OF
TERMINAL
DEVELOPMENT 
PROVISIONS.—Section 47119 is amended— 
(1) by redesignating subsections (a), (b), (c), and 
(d) as subsections (b), (c), (d), and (e), respectively; 
and 
(2) by inserting before subsection (b) (as so re-
designated) the following: 
‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may approve 
a project for terminal development (including 
multimodal terminal development) in a nonrevenue- 
producing public-use area of a commercial service 
airport— 
‘‘(A) if the sponsor certifies that the airport, 
on the date the grant application is submitted to 
the Secretary, has— 
‘‘(i) all the safety equipment required 
for certification of the airport under section 
44706; 
‘‘(ii) all the security equipment re-
quired by regulation; and 
‘‘(iii) provided for access by passengers 
to the area of the airport for boarding or 
exiting aircraft that are not air carrier air-
craft;
‘‘(B) if the cost is directly related to moving 
passengers and baggage in air commerce within 
the airport, including vehicles for moving pas-
sengers between terminal facilities and between 
terminal facilities and aircraft; and 
‘‘(C) under terms necessary to protect the 
interests of the Government. 
‘‘(2) PROJECT
IN
REVENUE-PRODUCING
AREAS 
AND
NONREVENUE-PRODUCING
PARKING
LOTS.—In 
making a decision under paragraph (1), the Secretary 
may approve as allowable costs the expenses of ter-
minal development in a revenue-producing area and 
construction, reconstruction, repair, and improvement 
in a nonrevenue-producing parking lot if— 
‘‘(A) 
except 
as 
provided 
in 
section 
47108(e)(3), the airport does not have more than 
.05 percent of the total annual passenger 
boardings in the United States; and 
‘‘(B) the sponsor certifies that any needed 
airport development project affecting safety, secu-
rity, or capacity will not be deferred because of 
the Secretary’s approval.’’; 
(3) in paragraphs (3) and (4)(A) of subsection 
(b) (as redesignated by paragraph (1) of this sub-
section) by striking ‘‘section 47110(d)’’ and inserting 
‘‘subsection (a)’’; 
(4) in paragraph (5) of subsection (b) (as redes-
ignated by paragraph (1) of this subsection) by strik-
ing ‘‘subsection (b)(1) and (2)’’ and inserting ‘‘sub-
sections (c)(1) and (c)(2)’’; 
(5) in paragraphs (2)(A), (3), and (4) of sub-
section (c) (as redesignated by paragraph (1) of this 
subsection) by striking ‘‘section 47110(d) of this title’’ 
and inserting ‘‘subsection (a)’’; 
(6) in paragraph (2)(B) of subsection (c) (as re-
designated by paragraph (1) of this subsection) by 
striking ‘‘section 47110(d)’’ and inserting ‘‘subsection 
(a)’’; 
(7) in subsection (c)(5) (as redesignated by para-
graph (1) of this subsection) by striking ‘‘section 
47110(d)’’ and inserting ‘‘subsection (a)’’; and 
(8) by adding at the end the following: 
‘‘(f) LIMITATION
ON DISCRETIONARY FUNDS.—The 
Secretary may distribute not more than $20,000,000 from 
the discretionary fund established under section 47115 for 
terminal development projects at a nonhub airport or a 
small hub airport that is eligible to receive discretionary 
funds under section 47108(e)(3).’’.
(d) ANNUAL REPORT.—Section 47131(a) is amend-
ed— 
(1) by striking ‘‘April 1’’ and inserting ‘‘June 
1’’; and 
(2) by striking paragraphs (1), (2), (3), and (4) 
and inserting the following: 
‘‘(1) a summary of airport development and 
planning completed; 
‘‘(2) a summary of individual grants issued; 
‘‘(3) an accounting of discretionary and appor-
tioned funds allocated; 
‘‘(4) the allocation of appropriations; and’’. 
(e) CORRECTION TO EMISSION CREDITS PROVISION.— 
Section 47139 is amended— 
(1) in subsection (a) by striking ‘‘47102(3)(F),’’; 
and 
(2) in subsection (b)— 
(A) by striking ‘‘47102(3)(F),’’; and 
(B) by striking ‘‘47103(3)(F),’’. 
(f) CONFORMING AMENDMENT TO CIVIL PENALTY AS-
SESSMENT AUTHORITY.—Section 46301(d)(2) is amended 
by inserting ‘‘46319,’’ after ‘‘46318,’’. 
(g) OTHER CONFORMING AMENDMENTS.—
(1) Sections 40117(a)(3)(B) is amended by strik-
ing ‘‘section 47110(d)’’ and inserting ‘‘section 
47119(a)’’. 
(2) Section 47108(e)(3) is amended— 
(A) by striking ‘‘section 47110(d)(2)’’ and 
inserting ‘‘section 47119(a)’’; and 
(B) by striking ‘‘section 47110(d)’’ and in-
serting ‘‘section 47119(a)’’. 
(h) CORRECTION TO SURPLUS PROPERTY AUTHOR-
ITY.—Section 47151(e) is amended by striking ‘‘(other than 
real property’’ and all that follows through ‘‘(10 U.S.C. 
2687 note))’’. 
(i) AIRPORT CAPACITY BENCHMARK REPORTS.—Sec-
tion 47175(2) is amended by striking ‘‘Airport Capacity 
Benchmark Report 2001’’ and inserting ‘‘2001 and 2004 
Airport Capacity Benchmark Reports or table 1 of the Fed-
eral Aviation Administration’s most recent airport capac-
ity benchmark report’’. 
SEC. 153. AIRPORT MASTER PLANS. 
Section 47101 is amended by adding at the end the 
following: 
‘‘(i) ADDITIONAL
GOALS
FOR
AIRPORT
MASTER 
PLANS.—In addition to the goals set forth in subsection 
(g)(2), the Secretary shall encourage airport sponsors and 
State and local officials, through Federal Aviation Admin-
istration advisory circulars, to consider customer conven-
ience, airport ground access, and access to airport facilities 
in airport master plans.’’. 
TITLE 
II—NEXT 
GENERATION 
AIR 
TRANSPORTATION 
SYS-
TEM AND AIR TRAFFIC CON-
TROL MODERNIZATION 
SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States faces a great national 
challenge as the Nation’s aviation infrastructure is at 
a crossroads. 
(2) The demand for aviation services, a critical 
element of the United States economy, vital in sup-
porting the quality of life of the people of the United 
States, and critical in support of the Nation’s defense 
and national security, is growing at an ever increas-
ing rate. At the same time, the ability of the United 
States air transportation system to expand and 
change to meet this increasing demand is limited. 
(3) The aviation industry accounts for more 
than 11,000,000 jobs in the United States and con-
tributes approximately $741,000,000,000 annually to 
the United States gross domestic product.
(4) The United States air transportation system 
continues to drive economic growth in the United 
States and will continue to be a major economic driv-
er as air traffic triples over the next 20 years. 
(5) The Next Generation Air Transportation 
System (in this section referred to as the ‘‘NextGen 
System’’) is the system for achieving long-term trans-
formation of the United States air transportation sys-
tem that focuses on developing and implementing new 
technologies and that will set the stage for the long- 
term development of a scalable and more flexible air 
transportation system without compromising the un-
precedented safety record of United States aviation. 
(6) The benefits of the NextGen System, in terms 
of promoting economic growth and development, are 
enormous. 
(7) The NextGen System will guide the path of 
the United States air transportation system in the 
challenging years ahead. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) modernizing the air transportation system is 
a national priority and the United States must make 
a commitment to revitalizing this essential component 
of the Nation’s transportation infrastructure;
(2) one fundamental requirement for the success 
of the NextGen System is strong leadership and suffi-
cient resources; 
(3) the Joint Planning and Development Office 
of the Federal Aviation Administration and the Next 
Generation Air Transportation System Senior Policy 
Committee, each established by Congress in 2003, will 
lead and facilitate this important national mission to 
ensure that the programs and capabilities of the 
NextGen System are carefully integrated and aligned; 
(4) Government agencies and industry must 
work together, carefully integrating and aligning 
their work to meet the needs of the NextGen System 
in the development of budgets, programs, planning, 
and research; 
(5) the Department of Transportation, the Fed-
eral Aviation Administration, the Department of De-
fense, the Department of Homeland Security, the De-
partment of Commerce, and the National Aeronautics 
and Space Administration must work in cooperation 
and make transformational improvements to the 
United States air transportation infrastructure a pri-
ority; and 
(6) due to the critical importance of the NextGen 
System to the economic and national security of the
United States, partner departments and agencies 
must be provided with the resources required to com-
plete the implementation of the NextGen System. 
SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYS-
TEM JOINT PLANNING AND DEVELOPMENT 
OFFICE. 
(a) ESTABLISHMENT.— 
(1) ASSOCIATE ADMINISTRATOR FOR THE NEXT 
GENERATION AIR TRANSPORTATION SYSTEM.—Section 
709(a) of Vision 100—Century of Aviation Reauthor-
ization Act (49 U.S.C. 40101 note; 117 Stat. 2582) 
is amended— 
(A) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; and 
(B) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) The director of the Office shall be the Associate 
Administrator for the Next Generation Air Transportation 
System, who shall be appointed by the Administrator of the 
Federal Aviation Administration. The Associate Adminis-
trator shall report to the Administrator.’’. 
(2) RESPONSIBILITIES.—Section 709(a)(3) of 
such Act (as redesignated by paragraph (1) of this 
subsection) is amended—
(A) in subparagraph (G) by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (H) by striking the 
period at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(I) establishing specific quantitative goals 
for the safety, capacity, efficiency, performance, 
and environmental impacts of each phase of Next 
Generation Air Transportation System imple-
mentation activities and measuring actual oper-
ational experience against those goals, taking 
into account noise pollution reduction concerns 
of affected communities to the greatest extent 
practicable in establishing the environmental 
goals; 
‘‘(J) working to ensure global interoper-
ability of the Next Generation Air Transpor-
tation System; 
‘‘(K) working to ensure the use of weather 
information and space weather information in 
the Next Generation Air Transportation System 
as soon as possible; 
‘‘(L) overseeing, with the Administrator of 
the Federal Aviation Administration, the selec-
tion of products or outcomes of research and de-
velopment activities that would be moved to the 
next stage of a demonstration project; and 
‘‘(M) maintaining a baseline modeling and 
simulation environment for testing and evalu-
ating alternative concepts to satisfy Next Gen-
eration Air Transportation enterprise architec-
ture requirements.’’. 
(3) COOPERATION WITH OTHER FEDERAL AGEN-
CIES.—Section 709(a)(4) of such Act (as redesignated 
by paragraph (1) of this subsection) is amended— 
(A) 
by 
striking 
‘‘(4)’’ 
and 
inserting 
‘‘(4)(A)’’; and 
(B) by adding at the end the following: 
‘‘(B) The Secretary of Defense, the Administrator of 
the National Aeronautics and Space Administration, the 
Secretary of Commerce, the Secretary of Homeland Secu-
rity, and the head of any other Federal agency from which 
the Secretary of Transportation requests assistance under 
subparagraph (A) shall designate a senior official in the 
agency to be responsible for— 
‘‘(i) carrying out the activities of the agency re-
lating to the Next Generation Air Transportation 
System in coordination with the Office, including the 
execution of all aspects of the work of the agency in
developing and implementing the integrated work 
plan described in subsection (b)(5); 
‘‘(ii) serving as a liaison for the agency in ac-
tivities of the agency relating to the Next Generation 
Air Transportation System and coordinating with 
other Federal agencies involved in activities relating 
to the System; and 
‘‘(iii) ensuring that the agency meets its obliga-
tions as set forth in any memorandum of under-
standing executed by or on behalf of the agency relat-
ing to the Next Generation Air Transportation Sys-
tem. 
‘‘(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 relating 
to the Next Generation Air Transportation System is 
reflected in the official’s annual performance evalua-
tions and compensation. 
‘‘(D) The head of a Federal agency referred to in sub-
paragraph (B) shall—
‘‘(i) establish or designate an office within the 
agency to carry out its responsibilities under the 
memorandum of understanding under the supervision 
of the designated official; and 
‘‘(ii) ensure that the designated official has suffi-
cient budgetary authority and staff resources to carry 
out the agency’s Next Generation Air Transportation 
System responsibilities as set forth in the integrated 
plan under subsection (b). 
‘‘(E) Not later than 6 months after the date of enact-
ment of this subparagraph, the head of each Federal agency 
that has responsibility for carrying out any activity under 
the integrated plan under subsection (b) shall execute a 
memorandum of understanding with the Office obligating 
that agency to carry out the activity.’’. 
(4) COORDINATION WITH OMB.—Section 709(a) 
of such Act (117 Stat. 2582) is further amended by 
adding at the end the following: 
‘‘(6)(A) The Office shall work with the Director of the 
Office of Management and Budget to develop a process 
whereby the Director will identify projects related to the 
Next Generation Air Transportation System across the 
agencies referred to in paragraph (4)(A) and consider the 
Next Generation Air Transportation System as a unified, 
cross-agency program.
‘‘(B) The Director, to the maximum extent practicable, 
shall— 
‘‘(i) ensure that— 
‘‘(I) each Federal agency covered by the 
plan has sufficient funds requested in the Presi-
dent’s budget, as submitted under section 
1105(a) of title 31, United States Code, for each 
fiscal year covered by the plan to carry out its 
responsibilities under the plan; and 
‘‘(II) the development and implementation 
of the Next Generation Air Transportation Sys-
tem remains on schedule; 
‘‘(ii) include, in the President’s budget, a state-
ment of the portion of the estimated budget of each 
Federal agency covered by the plan that relates to the 
activities of the agency under the Next Generation Air 
Transportation System initiative; and 
‘‘(iii) identify and justify as part of the Presi-
dent’s budget submission any inconsistencies between 
the plan and amounts requested in the budget. 
‘‘(7) The Associate Administrator of the Next Genera-
tion Air Transportation System shall be a voting member 
of the Joint Resources Council of the Federal Aviation Ad-
ministration.’’.
(b) INTEGRATED PLAN.—Section 709(b) of such Act 
(117 Stat. 2583) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘meets air’’ and inserting 
‘‘meets anticipated future air’’; and 
(B) by striking ‘‘beyond those currently in-
cluded in the Federal Aviation Administration’s 
operational evolution plan’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(3); 
(3) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(5) a multiagency integrated work plan for the 
Next Generation Air Transportation System that in-
cludes— 
‘‘(A) an outline of the activities required to 
achieve the end-state architecture, as expressed in 
the concept of operations and enterprise architec-
ture documents, that identifies each Federal 
agency or other entity responsible for each activ-
ity in the outline; 
‘‘(B) details on a year-by-year basis of spe-
cific accomplishments, activities, research re-
quirements, rulemakings, policy decisions, and
completing a step in the time period described in 
the integrated work plan; 
‘‘(F) a transition plan for the implementa-
tion of the Next Generation Air Transportation 
System that includes date-specific milestones for 
the implementation of new capabilities into the 
national airspace system; 
‘‘(G) date-specific timetables for meeting the 
environmental goals identified in subsection 
(a)(3)(I); and 
‘‘(H) a description of potentially significant 
operational or workforce changes resulting from 
deployment of the Next Generation Air Trans-
portation System.’’. 
(c) 
NEXTGEN
IMPLEMENTATION
PLAN.—Section 
709(d) of such Act (117 Stat. 2584) is amended to read 
as follows: 
‘‘(d) NEXTGEN IMPLEMENTATION PLAN.—The Admin-
istrator of the Federal Aviation Administration shall de-
velop and publish annually the document known as the 
‘NextGen Implementation Plan’, or any successor docu-
ment, that provides a detailed description of how the agency 
is implementing the Next Generation Air Transportation 
System.’’.
(d) AUTHORIZATION
OF APPROPRIATIONS.—Section 
709(e) of such Act (117 Stat. 2584) is amended by striking 
‘‘2010’’ and inserting ‘‘2012’’. 
(e) CONTINGENCY PLANNING.—The Associate Adminis-
trator for the Next Generation Air Transportation System 
shall, as part of the design of the System, develop contin-
gency plans for dealing with the degradation of the System 
in the event of a natural disaster, major equipment failure, 
or act of terrorism. 
SEC. 203. NEXT GENERATION AIR TRANSPORTATION SEN-
IOR POLICY COMMITTEE. 
(a) MEETINGS.—Section 710(a) of Vision 100—Cen-
tury of Aviation Reauthorization Act (49 U.S.C. 40101 
note; 117 Stat. 2584) is amended by inserting before the 
period at the end the following ‘‘and shall meet at least 
twice each year’’. 
(b) ANNUAL REPORT.—Section 710 of such Act (117 
Stat. 2584) is amended by adding at the end the following: 
‘‘(e) ANNUAL REPORT.— 
‘‘(1) SUBMISSION TO CONGRESS.—Not later than 
one year after the date of enactment of this subsection, 
and annually thereafter on the date of submission of 
the President’s budget request to Congress under sec-
tion 1105(a) of title 31, United States Code, the Sec-
retary shall submit to the Committee on Transpor-
tation and Infrastructure and the Committee on 
Science and Technology of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report summarizing 
the progress made in carrying out the integrated work 
plan required by section 709(b)(5) and any changes 
in that plan. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a copy of the updated integrated work 
plan; 
‘‘(B) a description of the progress made in 
carrying out the integrated work plan and any 
changes in that plan, including any changes 
based on funding shortfalls and limitations set 
by the Office of Management and Budget; 
‘‘(C) a detailed description of— 
‘‘(i) the success or failure of each item 
of the integrated work plan for the previous 
year and relevant information as to why 
any milestone was not met; and 
‘‘(ii) the impact of not meeting the 
milestone and what actions will be taken in 
the future to account for the failure to com-
plete the milestone;
‘‘(D) an explanation of any change to fu-
ture years in the integrated work plan and the 
reasons for such change; and 
‘‘(E) an identification of the levels of fund-
ing for each agency participating in the inte-
grated work plan devoted to programs and ac-
tivities under the plan for the previous fiscal 
year and in the President’s budget request.’’. 
SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROAD-
CAST SERVICES. 
(a) REPORT ON FAA PROGRAM AND SCHEDULE.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall prepare a report 
detailing the program and schedule for integrating 
automatic dependent surveillance-broadcast (in this 
section referred to as ‘‘ADS-B’’) technology into the 
national airspace system. 
(2) CONTENTS.—The report shall include— 
(A) a description of segment 1 and segment 
2 activity to acquire ADS-B services; 
(B) a description of plans for implementa-
tion of advanced operational procedures and 
ADS-B air-to-air applications; 
(C) a description of possible options for ex-
panding surveillance coverage beyond the ground
stations currently under contract, including en-
hanced ground signal coverage at airports; and 
(D) a detailed description of the protections 
that the Administration will require as part of 
any contract or program in the event of a con-
tractor’s default, bankruptcy, acquisition by an-
other entity, or any other event jeopardizing the 
uninterrupted provision of ADS-B services. 
(3) SUBMISSION TO CONGRESS.—Not later than 
90 days after the date of enactment of this Act, the 
Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate the report 
prepared under paragraph (1). 
(b) REQUIREMENTS OF FAA CONTRACTS FOR ADS-B 
SERVICES.—Any contract entered into by the Adminis-
trator with an entity to acquire ADS-B services shall con-
tain terms and conditions that— 
(1) require approval by the Administrator before 
the contract may be assigned to or assumed by an-
other entity, including any successor entity, sub-
sidiary of the contractor, or other corporate entity; 
(2) provide that the assets, equipment, hardware, 
and software used in the performance of the contract
(1) IN GENERAL.—The Inspector General of the 
Department of Transportation shall conduct a review 
concerning the Federal Aviation Administration’s 
award and oversight of any contract entered into by 
the Administration to provide ADS-B services for the 
national airspace system. 
(2) CONTENTS.—The review shall include, at a 
minimum— 
(A) an examination of how program risks 
are being managed; 
(B) an assessment of expected benefits at-
tributable to the deployment of ADS-B services, 
including the implementation of advanced oper-
ational procedures and air-to-air applications as 
well as to the extent to which ground radar will 
be retained; 
(C) a determination of whether the Admin-
istration has established sufficient mechanisms to 
ensure that all design, acquisition, operation, 
and maintenance requirements have been met by 
the contractor; 
(D) an assessment of whether the Adminis-
tration and any contractors are meeting cost, 
schedule, and performance milestones, as meas-
ured against the original baseline of the Admin-
istration’s program for providing ADS-B serv-
ices; 
(E) an assessment of whether security issues 
are being adequately addressed in the overall de-
sign and implementation of the ADS-B system; 
and 
(F) any other matters or aspects relating to 
contract implementation and oversight that the 
Inspector General determines merit attention. 
(3) REPORTS
TO
CONGRESS.—The Inspector 
General shall periodically, on at least an annual 
basis, submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Trans-
portation of the Senate a report on the results of the 
review conducted under this subsection. 
SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC 
CONTROL MODERNIZATION PROJECTS. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall establish a process for in-
cluding in the planning, development, and deployment of 
air traffic control modernization projects (including the 
Next Generation Air Transportation System) and collabo-
rating with qualified employees selected by each exclusive 
collective bargaining representative of employees of the Ad-
ministration who are likely to be impacted by such plan-
ning, development, and deployment. 
(b) PARTICIPATION.— 
(1) BARGAINING
OBLIGATIONS
AND
RIGHTS.— 
Participation in the process described in subsection 
(a) shall not be construed as a waiver of any bar-
gaining 
obligations 
or 
rights 
under 
section 
40122(a)(1) or 40122(g)(2)(C) of title 49, United 
States Code. 
(2) CAPACITY
AND
COMPENSATION.—Exclusive 
collective bargaining representatives and selected em-
ployees participating in the process described in sub-
section (a) shall— 
(A) serve in a collaborative and advisory 
capacity; and 
(B) receive appropriate travel and per diem 
expenses in accordance with the travel policies of 
the Administration in addition to any regular 
compensation and benefits. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the implementation of this section.
SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH 
TRANSFORMING TO THE NEXT GENERATION 
AIR TRANSPORTATION SYSTEM. 
(a) IN GENERAL.—The Comptroller General shall con-
duct a review of the progress and challenges associated with 
transforming the Nation’s air traffic control system into the 
Next Generation Air Transportation System (in this section 
referred to as the ‘‘NextGen System’’). 
(b) REVIEW.—The review shall include the following: 
(1) An evaluation of the continued implementa-
tion and institutionalization of the processes that are 
key to the ability of the Air Traffic Organization to 
effectively maintain management structures and sys-
tems acquisitions procedures utilized under the cur-
rent air traffic control modernization program as a 
basis for the NextGen System. 
(2) An assessment of the progress and challenges 
associated with collaboration and contributions of the 
partner agencies working with the Joint Planning 
and Development Office of the Federal Aviation Ad-
ministration (in this section referred to as the 
‘‘JPDO’’) in planning and implementing the NextGen 
System. 
(3) The progress and challenges associated with 
coordinating government and industry stakeholders in 
activities relating to the NextGen System, including
an assessment of the contributions of the NextGen In-
stitute. 
(4) An assessment of planning and implementa-
tion of the NextGen System against established sched-
ules, milestones, and budgets. 
(5) An evaluation of the recently modified orga-
nizational structure of the JPDO. 
(6) An examination of transition planning by 
the Air Traffic Organization and the JPDO. 
(7) Any other matters or aspects of planning and 
coordination of the NextGen System by the Federal 
Aviation Administration and the JPDO that the 
Comptroller General determines appropriate. 
(c) REPORTS.— 
(1) REPORT TO CONGRESS ON PRIORITIES.—Not 
later than 1 after the date of enactment of this Act, 
the Comptroller General shall determine the priority 
of topics to be reviewed under this section and report 
such priorities to the Committee on Transportation 
and Infrastructure and the Committee on Science and 
Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
(2) PERIODIC REPORTS TO CONGRESS ON RE-
SULTS OF THE REVIEW.—The Comptroller General
shall periodically submit to the committees referred to 
in paragraph (1) a report on the results of the review 
conducted under this section. 
SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANS-
PORTATION SYSTEM ACQUISITION AND PRO-
CEDURES DEVELOPMENT. 
(a) STUDY.—The Comptroller General shall conduct a 
review of the progress made and challenges related to the 
acquisition of designated technologies and the development 
of procedures for the Next Generation Air Transportation 
System (in this section referred to as the ‘‘NextGen Sys-
tem’’). 
(b) SPECIFIC SYSTEMS REVIEW.—The review shall in-
clude, at a minimum, an examination of the acquisition 
costs, schedule, and other relevant considerations for the fol-
lowing systems: 
(1) 
En 
Route 
Automation 
Modernization 
(ERAM). 
(2) Standard Terminal Automation Replacement 
System/Common Automated Radar Terminal System 
(STARS/CARTS). 
(3) Automatic Dependent Surveillance-Broadcast 
(ADS-B). 
(4) System Wide Information Management 
(SWIM).
(5) Traffic Flow Management Modernization 
(TFM-M). 
(c) REVIEW.—The review shall include, at a min-
imum, an assessment of the progress and challenges related 
to the development of standards, regulations, and proce-
dures that will be necessary to implement the NextGen Sys-
tem, including required navigation performance, area navi-
gation, the airspace management program, and other pro-
grams and procedures that the Comptroller General identi-
fies as relevant to the transformation of the air traffic sys-
tem. 
(d) PERIODIC REPORTS TO CONGRESS ON RESULTS OF 
THE REVIEW.—The Comptroller General shall periodically 
submit to the Committee on Transportation and Infrastruc-
ture and the Committee on Science and Technology of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the review conducted under this section. 
SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPER-
ATIONAL AND APPROACH PROCEDURES BY A 
THIRD PARTY. 
(a) REVIEW.—The Inspector General of the Depart-
ment of Transportation shall conduct a review regarding 
the effectiveness of the oversight activities conducted by the 
Federal Aviation Administration in connection with any
agreement with or delegation of authority to a third party 
for the development of flight procedures, including public 
use procedures, for the national airspace system. 
(b) ASSESSMENTS.—The Inspector General shall in-
clude, at a minimum, in the review— 
(1) an assessment of the extent to which the Fed-
eral Aviation Administration is relying or intends to 
rely on a third party for the development of new pro-
cedures and a determination of whether the Adminis-
tration has established sufficient mechanisms and 
staffing to provide safety oversight functions, which 
may include quality assurance processes, flight checks, 
integration of procedures into the National Aviation 
System, and operational assessments of procedures de-
veloped by third parties; and 
(2) an assessment regarding whether the Admin-
istration has sufficient existing personnel and tech-
nical resources or mechanisms to develop such flight 
procedures in a safe and efficient manner to meet the 
demands of the national airspace system without the 
use of third party resources. 
(c) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Inspector General shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the 
results of the review conducted under this section, including 
the assessments described in subsection (b). 
SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE 
FOR 
NEXT 
GENERATION 
AIR 
TRANSPOR-
TATION SYSTEM. 
(a) REVIEW.—The Administrator of the Federal Avia-
tion Administration shall enter into an arrangement with 
the National Research Council to review the enterprise ar-
chitecture for the Next Generation Air Transportation Sys-
tem. 
(b) CONTENTS.—At a minimum, the review to be con-
ducted under subsection (a) shall— 
(1) highlight the technical activities, including 
human-system design, organizational design, and 
other safety and human factor aspects of the system, 
that will be necessary to successfully transition cur-
rent and planned modernization programs to the fu-
ture system envisioned by the Joint Planning and De-
velopment Office of the Administration; 
(2) assess technical, cost, and schedule risk for 
the software development that will be necessary to 
achieve the expected benefits from a highly automated 
air traffic management system and the implications 
for ongoing modernization projects; and
(3) include judgments on how risks with automa-
tion efforts for the Next Generation Air Transpor-
tation System can be mitigated based on the experi-
ences of other public or private entities in developing 
complex, software-intensive systems. 
(c) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Administrator shall submit to Congress 
a report containing the results of the review conducted pur-
suant to subsection (a). 
SEC. 210. NEXTGEN TECHNOLOGY TESTBED. 
Of amounts appropriated under section 48101(a) of 
title 49, United States Code, the Administrator of the Fed-
eral Aviation Administration shall use such sums as may 
be necessary for each of the fiscal years 2010 through 2012 
to contribute to the establishment by a public-private part-
nership (including a university component with significant 
aviation expertise in air traffic management, simulation, 
meteorology, and engineering and aviation business) an 
airport-based testing site for existing Next Generation Air 
Transport System technologies. The Administrator shall en-
sure that next generation air traffic control integrated sys-
tems developed by private industries are installed at the site 
for demonstration, operational research, and evaluation by 
the Administration. The testing site shall serve a mix of 
general aviation and commercial traffic.
SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO 
REIMBURSABLE AGREEMENTS. 
Section 106(m) is amended in the last sentence by in-
serting ‘‘with or’’ before ‘‘without reimbursement’’. 
SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY. 
Section 40102(a)(4) is amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); 
(2) by striking subparagraphs (B) and (C) and 
inserting the following: 
‘‘(B) runway lighting and airport surface 
visual and other navigation aids; 
‘‘(C) aeronautical and meteorological infor-
mation to air traffic control facilities or aircraft; 
‘‘(D) communication, navigation, or sur-
veillance equipment for air-to-ground or air-to- 
air applications;’’; 
(3) in subparagraph (E) (as redesignated by 
paragraph (1) of this section)— 
(A) by striking ‘‘another structure’’ and in-
serting ‘‘any structure, equipment,’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(F) buildings, equipment, and systems 
dedicated to the national airspace system.’’.
SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVEN-
TORY. 
Section 40110(a)(2) is amended by striking ‘‘com-
pensation’’ and inserting ‘‘compensation, and the amount 
received shall be credited as an offsetting collection to the 
account from which the amount was expended and shall re-
main available until expended’’. 
SEC. 214. CLARIFICATION TO ACQUISITION REFORM AU-
THORITY. 
Section 40110(c) is amended— 
(1) by striking the semicolon at the end of para-
graph (3) and inserting ‘‘; and’’; 
(2) by striking paragraph (4); and 
(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORI-
TIES. 
Section 40113(e) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘public and private’’ before 
‘‘foreign aviation authorities’’; and 
(B) by striking the period at the end of the 
first sentence and inserting ‘‘or efficiency. The 
Administrator may participate in, and submit 
offers in response to, competitions to provide 
such services and may contract with foreign
aviation authorities to provide such services con-
sistent with section 106(l)(6). Notwithstanding 
any other provision of law or policy, the Admin-
istrator may accept payments received under 
this subsection in arrears.’’; and 
(2) in paragraph (3) by striking ‘‘credited’’ and 
all that follows through the period at the end and in-
serting ‘‘credited as an offsetting collection to the ac-
count from which the expenses were incurred in pro-
viding such services and shall remain available until 
expended.’’. 
SEC. 216. FRONT LINE MANAGER STAFFING. 
(a) STUDY.—Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Federal 
Aviation Administration shall initiate a study on front line 
manager staffing requirements in air traffic control facili-
ties. 
(b) CONSIDERATIONS.—In conducting the study, the 
Administrator shall take into consideration— 
(1) the number of supervisory positions of oper-
ation requiring watch coverage in each air traffic 
control facility; 
(2) coverage requirements in relation to traffic 
demand; 
(3) facility type;
(4) complexity of traffic and managerial respon-
sibilities; 
(5) proficiency and training requirements; and 
(6) such other factors as the Administrator con-
siders appropriate. 
(c) 
DETERMINATIONS.—The 
Administrator 
shall 
transmit any determinations made as a result of the study 
to the Chief Operating Officer for the air traffic control sys-
tem. 
(d) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Administrator shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the study and a description of any determinations 
submitted to the Chief Operating Officer under subsection 
(c). 
SEC. 217. FLIGHT SERVICE STATIONS. 
(a) ESTABLISHMENT OF MONITORING SYSTEM.—Not 
later than 60 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration 
shall develop and implement a monitoring system for flight 
service specialist staffing and training under service con-
tracts for flight service stations.
(b) COMPONENTS.—At a minimum, the monitoring 
system shall include mechanisms to monitor— 
(1) flight specialist staffing plans for individual 
facilities; 
(2) actual staffing levels for individual facilities; 
(3) the initial and recurrent certification and 
training of flight service specialists on the safety, 
operational, and technological aspects of flight serv-
ices, including any certification and training nec-
essary to meet user demand; and 
(4) system outages, excessive hold times, dropped 
calls, poor quality briefings, and any other safety or 
customer service issues under a contract for flight 
service station services. 
(c) REPORT TO CONGRESS.—Not later than 90 days 
after the date of enactment of this Act, the Administrator 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report containing— 
(1) a description of monitoring system; 
(2) if the Administrator determines that contrac-
tual changes or corrective actions are required for the 
Administration to ensure that the vendor under a 
contract for flight service station services provides safe
and high quality service to consumers, a description 
of the changes or actions required; and 
(3) a description of the contingency plans of the 
Administrator and the protections that the Adminis-
trator will have in place to provide uninterrupted 
flight service station services in the event of— 
(A) material non-performance of the con-
tract; 
(B) a vendor’s default, bankruptcy, or ac-
quisition by another entity; or 
(C) any other event that could jeopardize 
the uninterrupted provision of flight service sta-
tion services. 
SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CEN-
TER OF EXCELLENCE. 
(a) ESTABLISHMENT.—Of the amount appropriated 
under section 48101(a) of title 49, United States Code, the 
Administrator of the Federal Aviation Administration shall 
use such sums as may be necessary for each of fiscal years 
2010 through 2012 to contribute to the establishment of a 
center of excellence for the research and development of Next 
Generation Air Transportation System technologies. 
(b) FUNCTIONS.—The center established under sub-
section (a) shall—
100 
(1) leverage the centers of excellence program of 
the Federal Aviation Administration, as well as other 
resources and partnerships, to enhance the develop-
ment of Next Generation Air Transportation System 
technologies within academia and industry; and 
(2) provide educational, technical, and analyt-
ical assistance to the Federal Aviation Administra-
tion and other Federal agencies with responsibilities 
to research and develop Next Generation Air Trans-
portation System technologies. 
SEC. 219. AIRSPACE REDESIGN. 
(a) FINDINGS.—Congress finds the following: 
(1) The airspace redesign efforts of the Federal 
Aviation Administration will play a critical near- 
term role in enhancing capacity, reducing delays, 
transitioning to more flexible routing, and ultimately 
saving money in fuel costs for airlines and airspace 
users. 
(2) The critical importance of airspace redesign 
efforts is underscored by the fact that they are high-
lighted in strategic plans of the Administration, in-
cluding Flight Plan 2009–2013 and the document 
known as the ‘‘NextGen Implementation Plan’’.
101 
(3) Funding cuts have led to delays and deferrals 
of critical capacity enhancing airspace redesign ef-
forts. 
(4) Several new runways planned for the period 
of fiscal years 2010 to 2012 will not provide esti-
mated capacity benefits without additional funds. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts authorized by section 106(k) of title 49, 
United States Code, there are authorized to be appropriated 
to the Administrator of the Federal Aviation Administra-
tion $20,000,000 for each of fiscal years 2010, 2011, and 
2012 to carry out such airspace redesign initiatives as the 
Administrator determines appropriate. 
(c) ADDITIONAL AMOUNTS.—Of the amounts appro-
priated under section 48101(a) of such title, the Adminis-
trator may use $5,000,000 for each of fiscal years 2010, 
2011, and 2012 to carry out such airspace redesign initia-
tives as the Administrator determines appropriate. 
TITLE III—SAFETY 
Subtitle A—General Provisions 
SEC. 301. JUDICIAL REVIEW OF DENIAL OF AIRMAN CER-
TIFICATES. 
(a) JUDICIAL REVIEW OF NTSB DECISIONS.—Section 
44703(d) is amended by adding at the end the following:
102 
‘‘(3) JUDICIAL REVIEW.—A person who is sub-
stantially affected by an order of the Board under 
this subsection, or the Administrator if the Adminis-
trator decides that an order of the Board will have a 
significant adverse impact on carrying out this sub-
title, may seek judicial review of the order under sec-
tion 46110. The Administrator shall be made a party 
to the judicial review proceedings. The findings of fact 
of the Board in any such case are conclusive if sup-
ported by substantial evidence.’’. 
(b) CONFORMING AMENDMENT.—Section 1153(c) is 
amended by striking ‘‘section 44709 or’’ and inserting ‘‘sec-
tion 44703(d), 44709, or’’. 
SEC. 302. RELEASE OF DATA RELATING TO ABANDONED 
TYPE 
CERTIFICATES 
AND 
SUPPLEMENTAL 
TYPE CERTIFICATES. 
(a) RELEASE OF DATA.—Section 44704(a) is amended 
by adding at the end the following: 
‘‘(5) RELEASE OF DATA.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the Administrator may 
make available upon request to a person seeking 
to maintain the airworthiness of an aircraft, en-
gine, propeller, or appliance, engineering data in 
the possession of the Administration relating to
103 
a type certificate or a supplemental type certifi-
cate for such aircraft, engine, propeller, or appli-
ance, without the consent of the owner of record, 
if the Administrator determines that— 
‘‘(i) the certificate containing the re-
quested data has been inactive for 3 or more 
years; 
‘‘(ii) after using due diligence, the Ad-
ministrator is unable to find the owner of 
record, or the owner of record’s heir, of the 
type certificate or supplemental certificate; 
and 
‘‘(iii) making such data available will 
enhance aviation safety. 
‘‘(B) ENGINEERING
DATA
DEFINED.—In 
this section, the term ‘engineering data’ as used 
with respect to an aircraft, engine, propeller, or 
appliance means type design drawing and speci-
fications for the entire aircraft, engine, propeller, 
or appliance or change to the aircraft, engine, 
propeller, or appliance, including the original 
design data, and any associated supplier data 
for individual parts or components approved as 
part of the particular certificate for the aircraft 
engine, propeller, or appliance.’’.
104 
(b) DESIGN ORGANIZATION CERTIFICATES.—Section 
44704(e)(1) is amended by striking ‘‘Beginning 7 years 
after the date of enactment of this subsection,’’ and inserting 
‘‘Beginning January 1, 2014,’’. 
SEC. 303. INSPECTION OF FOREIGN REPAIR STATIONS. 
(a) IN GENERAL.—Chapter 447 is amended by adding 
at the end the following: 
‘‘§ 44730. Inspection of foreign repair stations 
‘‘(a) IN GENERAL.—Not later than one year after the 
date of enactment of this section, and annually thereafter, 
the Administrator of the Federal Aviation Administration 
shall— 
‘‘(1) submit to Congress a certification that each 
foreign repair station that is certified by the Admin-
istrator under part 145 of title 14, Code of Federal 
Regulations, and performs work on air carrier air-
craft or components has been inspected by safety in-
spectors of the Administration not fewer than 2 times 
in the preceding calendar year; 
‘‘(2) modify the certification requirements under 
such part to include testing for the use of alcohol or 
a controlled substance in accordance with section 
45102 of any individual performing a safety-sensitive 
function at a foreign aircraft repair station, includ-
ing an individual working at a station of a third
105 
party with whom an air carrier contracts to perform 
work on air carrier aircraft or components; and 
‘‘(3) continue to hold discussions with countries 
that have foreign repair stations that perform work 
on air carrier aircraft and components to ensure har-
monization of the safety standards of such countries 
with those of the United States, including standards 
governing maintenance requirements, education and 
licensing of maintenance personnel, training, over-
sight, and mutual inspection of work sites. 
‘‘(b) REGULATORY AUTHORITY WITH RESPECT
TO 
CERTAIN FOREIGN REPAIR STATIONS.—With respect to re-
pair stations that are located in countries that are party 
to the agreement entitled ‘‘Agreement between the United 
States of America and the European Community on Co-
operation in the Regulation of Civil Aviation Safety’’, 
dated June 30, 2008, the requirements of subsection (a) are 
an exercise of the rights of the United States under para-
graph A of Article 15 of the Agreement, which provides that 
nothing in the Agreement shall be construed to limit the 
authority of a party to determine through its legislative, 
regulatory, and administrative measures, the level of protec-
tion it considers appropriate for civil aviation safety.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘44730. Inspection of foreign repair stations.’’.
106 
SEC. 304. RUNWAY SAFETY. 
(a) STRATEGIC RUNWAY SAFETY PLAN.— 
(1) IN GENERAL.—Not later than 6 months after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall develop 
and submit to Congress a report containing a stra-
tegic runway safety plan. 
(2) CONTENTS OF PLAN.—The strategic runway 
safety plan— 
(A) shall include, at a minimum— 
(i) goals to improve runway safety; 
(ii) near- and longer-term actions de-
signed to reduce the severity, number, and 
rate of runway incursions; 
(iii) timeframes and resources needed 
for the actions described in clause (ii); and 
(iv) a continuous evaluative process to 
track performance toward the goals referred 
to in clause (i); and 
(B) shall address the increased runway safe-
ty risk associated with the expected increased 
volume of air traffic. 
(b) PLAN FOR INSTALLATION AND DEPLOYMENT OF 
SYSTEMS TO PROVIDE ALERTS OF POTENTIAL RUNWAY IN-
CURSIONS.—Not later than December 31, 2009, the Admin-
istrator of the Federal Aviation Administration shall sub-
107 
mit to Congress a report containing a plan for the installa-
tion and deployment of systems the Administration is in-
stalling to alert controllers or flight crews, or both, of poten-
tial runway incursions. The plan shall be integrated into 
the annual NextGen Implementation Plan document of the 
Administration or any successor document. 
SEC. 305. IMPROVED PILOT LICENSES. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall begin to issue improved 
pilot licenses consistent with the requirements of title 49, 
United States Code, and title 14, Code of Federal Regula-
tions. 
(b) REQUIREMENTS.—Improved pilots licenses issued 
under subsection (a) shall— 
(1) be resistant to tampering, alteration, and 
counterfeiting; 
(2) include a photograph of the individual to 
whom the license is issued; and 
(3) be capable of accommodating a digital photo-
graph, a biometric identifier, or any other unique 
identifier that the Administrator considers necessary. 
(c) TAMPERING.—To the extent practical, the Admin-
istrator shall develop methods to determine or reveal wheth-
er any component or security feature of a license issued
108 
under subsection (a) has been tampered, altered, or counter-
feited. 
(d) USE OF DESIGNEES.—The Administrator may use 
designees to carry out subsection (a) to the extent feasible 
in order to minimize the burdens on pilots. 
(e) REPORT.—Not later than 9 months after the date 
of enactment of this Act and every 6 months thereafter until 
September 30, 2012, the Administrator shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
issuance of improved pilot licenses under this section. 
SEC. 306. FLIGHT CREW FATIGUE. 
(a) IN GENERAL.—Not later than 3 months after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall conclude arrangements 
with the National Academy of Sciences for a study of pilot 
fatigue. 
(b) STUDY.—The study shall include consideration 
of— 
(1) research on pilot fatigue, sleep, and circa-
dian rhythms; 
(2) sleep and rest requirements of pilots rec-
ommended by the National Aeronautics and Space
109 
Administration and the National Transportation 
Safety Board; and 
(3) Federal Aviation Administration and inter-
national standards regarding flight limitations and 
rest for pilots. 
(c) REPORT.—Not later than 18 months after initi-
ating the study, the National Academy of Sciences shall 
submit to the Administrator a report containing its find-
ings and recommendations regarding the study under sub-
sections (a) and (b), including recommendations with re-
spect to Federal Aviation Administration regulations gov-
erning flight time limitations and rest requirements for pi-
lots. 
(d) RULEMAKING.—After the Administrator receives 
the report of the National Academy of Sciences, the Admin-
istrator shall consider the findings in the report and update 
as appropriate based on scientific data Federal Aviation 
Administration regulations governing flight time limita-
tions and rest requirements for pilots. 
(e) FLIGHT ATTENDANT FATIGUE.— 
(1) STUDY.—The Administrator, acting through 
the Civil Aerospace Medical Institute, shall conduct a 
study on the issue of flight attendant fatigue. 
(2) CONTENTS.—The study shall include the fol-
lowing:
110 
(A) A survey of field operations of flight at-
tendants. 
(B) A study of incident reports regarding 
flight attendant fatigue. 
(C) Field research on the effects of such fa-
tigue. 
(D) A validation of models for assessing 
flight attendant fatigue. 
(E) A review of international policies and 
practices regarding flight limitations and rest of 
flight attendants. 
(F) An analysis of potential benefits of 
training flight attendants regarding fatigue. 
(3) REPORT.—Not later than June 30, 2010, the 
Administrator shall submit to Congress a report on 
the results of the study. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 307. OCCUPATIONAL SAFETY AND HEALTH STAND-
ARDS FOR FLIGHT ATTENDANTS ON BOARD 
AIRCRAFT. 
(a) IN GENERAL.—Chapter 447 (as amended by sec-
tion 303 of this Act) is further amended by adding at the 
end the following:
111 
‘‘§ 44731. Occupational safety and health standards 
for flight attendants on board aircraft 
‘‘(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall prescribe and enforce stand-
ards and regulations to ensure the occupational safety and 
health of individuals serving as flight attendants in the 
cabin of an aircraft of an air carrier. 
‘‘(b) STANDARDS AND REGULATIONS.—Standards and 
regulations issued under this section shall require each air 
carrier operating an aircraft in air transportation— 
‘‘(1) to provide for an environment in the cabin 
of the aircraft that is free from hazards that could 
cause physical harm to a flight attendant working in 
the cabin; and 
‘‘(2) to meet minimum standards for the occupa-
tional safety and health of flight attendants who work 
in the cabin of the aircraft. 
‘‘(c) RULEMAKING.—In carrying out this section, the 
Administrator shall conduct a rulemaking proceeding to ad-
dress, at a minimum, the following areas: 
‘‘(1) Record keeping. 
‘‘(2) Blood borne pathogens. 
‘‘(3) Noise. 
‘‘(4) Sanitation. 
‘‘(5) Hazard communication. 
‘‘(6) Anti-discrimination.
112 
‘‘(7) Access to employee exposure and medical 
records. 
‘‘(8) Temperature standards for the aircraft 
cabin. 
‘‘(d) REGULATIONS.— 
‘‘(1) DEADLINE.—Not later than 3 years after 
the date of enactment of this section, the Adminis-
trator shall issue final regulations to carry out this 
section. 
‘‘(2) CONTENTS.—Regulations issued under this 
subsection shall address each of the issues identified 
in subsection (c) and others aspects of the environ-
ment of an aircraft cabin that may cause illness or 
injury to a flight attendant working in the cabin. 
‘‘(3) EMPLOYER ACTIONS TO ADDRESS OCCUPA-
TIONAL SAFETY AND HEALTH HAZARDS.—Regulations 
issued under this subsection shall set forth clearly the 
circumstances under which an air carrier is required 
to take action to address occupational safety and 
health hazards. 
‘‘(e) ADDITIONAL RULEMAKING PROCEEDINGS.—After 
issuing regulations under subsection (c), the Administrator 
may conduct additional rulemaking proceedings as the Ad-
ministrator determines appropriate to carry out this sec-
tion.
113 
‘‘(f) OVERSIGHT.— 
‘‘(1) CABIN OCCUPATIONAL SAFETY AND HEALTH 
INSPECTORS.—The Administrator shall establish the 
position of Cabin Occupational Safety and Health 
Inspector within the Federal Aviation Administration 
and shall employ individuals with appropriate quali-
fications and expertise to serve in the position. 
‘‘(2) RESPONSIBILITIES.—Inspectors employed 
under this subsection shall be solely responsible for 
conducting proper oversight of air carrier programs 
implemented under this section. 
‘‘(g) CONSULTATION.—In developing regulations under 
this section, the Administrator shall consult with the Ad-
ministrator of the Occupational Safety and Health Admin-
istration, labor organizations representing flight attend-
ants, air carriers, and other interested persons. 
‘‘(h) SAFETY PRIORITY.—In developing and imple-
menting regulations under this section, the Administrator 
shall give priority to the safe operation and maintenance 
of an aircraft. 
‘‘(i) FLIGHT ATTENDANT DEFINED.—In this section, 
the term ‘flight attendant’ has the meaning given that term 
by section 44728. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
114 
essary to carry out this section. Such sums shall remain 
available until expended.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
447 is amended by adding at the end the following: 
‘‘44731. Occupational safety and health standards for flight attendants on board 
aircraft.’’. 
SEC. 308. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS 
AREAS. 
(a) ESTABLISHMENT.—The Administrator of the Fed-
eral Aviation Administration may establish a pilot pro-
gram to improve safety and efficiency by providing surveil-
lance for aircraft flying outside of radar coverage in moun-
tainous areas. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. Such sums shall remain 
available until expended. 
SEC. 309. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATH-
ER OBSERVATION TECHNOLOGY. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall conduct a review of off-airport, 
low-altitude aircraft weather observation technologies. 
(b) SPECIFIC REVIEW.—The review shall include, at 
a minimum, an examination of off-airport, low-altitude 
weather reporting needs, an assessment of technical alter-
natives (including automated weather observation stations),
115 
an investment analysis, and recommendations for improv-
ing weather reporting. 
(c) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Administrator shall submit to Congress 
a report containing the results of the review. 
SEC. 310. NONCERTIFICATED MAINTENANCE PROVIDERS. 
(a) ISSUANCE OF REGULATIONS.—Not later than 3 
years after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall issue 
regulations requiring that all covered maintenance work on 
aircraft used to provide air transportation under part 121 
of title 14, Code of Federal Regulations, be performed by 
individuals in accordance with subsection (b). 
(b) PERSONS AUTHORIZED TO PERFORM CERTAIN 
WORK.—Covered maintenance work for a part 121 air car-
rier shall only be performed by— 
(1) an individual employed by the air carrier; 
(2) an individual employed by another part 121 
air carrier; 
(3) an individual employed by a part 145 repair 
station; or 
(4) an individual employed by a company that 
provides contract maintenance workers to a part 145 
repair station or part 121 air carrier, if the indi-
vidual—
116 
(A) meets the requirements of the part 145 
repair station or the part 121 air carrier; 
(B) works under the direct supervision and 
control of the part 145 repair station or part 
121 air carrier; and 
(C) carries out the work in accordance with 
the part 121 air carrier’s maintenance manual 
and, if applicable, the part 145 certificate hold-
er’s repair station and quality control manuals. 
(c) PLAN.— 
(1) DEVELOPMENT.—The Administrator shall 
develop a plan to— 
(A) require air carriers to identify and pro-
vide to the Administrator a complete listing of 
all noncertificated maintenance providers that 
perform, before the effective date of the regula-
tions to be issued under subsection (a), covered 
maintenance work on aircraft used to provide 
air transportation under part 121 of title 14, 
Code of Federal Regulations; 
(B) validate the lists that air carriers pro-
vide under subparagraph (A) by sampling air 
carrier records, such as maintenance activity re-
ports and general vendor listings; and
117 
(C) include surveillance and oversight by 
field inspectors of the Federal Aviation Adminis-
tration for all noncertificated maintenance pro-
viders that perform covered maintenance work 
on aircraft used to provide air transportation in 
accordance with such part 121. 
(2) REPORT TO CONGRESS.—Not later than 6 
months after the date of enactment of this Act, the 
Administrator shall transmit to Congress a report 
containing the plan developed under paragraph (1). 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COVERED MAINTENANCE WORK.—The term 
‘‘covered maintenance work’’ means maintenance 
work that is essential, regularly scheduled, or a re-
quired inspection item, as determined by the Admin-
istrator. 
(2) PART 121 AIR CARRIER.—The term ‘‘part 121 
air carrier’’ means an air carrier that holds a certifi-
cate issued under part 121 of title 14, Code of Federal 
Regulations. 
(3) PART 145 REPAIR STATION.—The term ‘‘part 
145 repair station’’ means a repair station that holds 
a certificate issued under part 145 of title 14, Code 
of Federal Regulations.
118 
(4) 
NONCERTIFICATED
MAINTENANCE
PRO-
VIDER.—The term ‘‘noncertificated maintenance pro-
vider’’ means a maintenance provider that does not 
hold a certificate issued under part 121 or part 145 
of title 14 Code of Federal Regulations. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary for the Administrator to hire additional field safety 
inspectors to ensure adequate and timely inspection of 
maintenance providers that perform covered maintenance 
work. 
SEC. 311. AIRCRAFT RESCUE AND FIREFIGHTING STAND-
ARDS. 
(a) RULEMAKING PROCEEDING.—Not later than 180 
days after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall initiate 
a rulemaking proceeding for the purpose of issuing a pro-
posed and final rule that revises the aircraft rescue and fire-
fighting standards (‘‘ARFF’’) under part 139 of title 14, 
Code of Federal Regulations, to improve the protection of 
the traveling public, other persons, aircraft, buildings, and 
the environment from fires and hazardous materials inci-
dents.
119 
(b) CONTENTS OF PROPOSED AND FINAL RULE.—The 
proposed and final rule to be issued under subsection (a) 
shall address the following: 
(1) The mission of aircraft rescue and fire-
fighting personnel, including responsibilities for pas-
senger egress in the context of other Administration 
requirements. 
(2) The proper level of staffing. 
(3) The timeliness of a response. 
(4) The handling of hazardous materials inci-
dents at airports. 
(5) Proper vehicle deployment. 
(6) The need for equipment modernization. 
(c) CONSISTENCY
WITH
VOLUNTARY
CONSENSUS 
STANDARDS.—The proposed and final rule issued under 
subsection (a) shall be, to the extent practical, consistent 
with national voluntary consensus standards for aircraft 
rescue and firefighting services at airports. 
(d) ASSESSMENTS OF POTENTIAL IMPACTS.—In the 
rulemaking proceeding initiated under subsection (a), the 
Administrator shall assess the potential impact of any revi-
sions to the firefighting standards on airports and air 
transportation service. 
(e) INCONSISTENCY WITH STANDARDS.—If the pro-
posed or final rule issued under subsection (a) is not con-
120 
sistent with national voluntary consensus standards for air-
craft rescue and firefighting services at airports, the Admin-
istrator shall submit to the Office of Management and 
Budget an explanation of the reasons for such inconsistency 
in accordance with section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note; 110 Stat. 783). 
(f) FINAL RULE.—Not later than 24 months after the 
date of enactment of this Act, the Administrator shall issue 
the final rule required by subsection (a). 
SEC. 312. COCKPIT SMOKE. 
(a) STUDY.—The Comptroller General shall conduct a 
study on the effectiveness of oversight activities of the Fed-
eral Aviation Administration relating to preventing or 
mitigating the effects of dense continuous smoke in the cock-
pit of a commercial aircraft. 
(b) REPORT.—Not later than 1 after the date of enact-
ment of this Act, the Comptroller General shall submit to 
Congress a report on the results of the study. 
SEC. 313. SAFETY OF HELICOPTER AIR AMBULANCE OPER-
ATIONS. 
(a) IN GENERAL.—Chapter 447 (as amended by this 
Act) is further amended by adding at the end the following:
121 
‘‘§ 44732. Helicopter air ambulance operations 
‘‘(a) RULEMAKING.—The Administrator of the Federal 
Aviation Administration shall conduct a rulemaking pro-
ceeding to improve the safety of flight crewmembers, medical 
personnel, and passengers onboard helicopters providing 
helicopter air ambulance services under part 135 of title 
14, Code of Federal Regulations. 
‘‘(b) MATTERS TO BE ADDRESSED.—In conducting the 
rulemaking proceeding under subsection (a), the Adminis-
trator shall address the following: 
‘‘(1) Flight request and dispatch procedures, in-
cluding performance-based flight dispatch procedures. 
‘‘(2) Pilot training standards, including— 
‘‘(A) mandatory training requirements, in-
cluding a minimum time for completing the 
training requirements; 
‘‘(B) training subject areas, such as commu-
nications procedures and appropriate technology 
use; 
‘‘(C) establishment of training standards 
in— 
‘‘(i) crew resource management; 
‘‘(ii) flight risk evaluation; 
‘‘(iii) preventing controlled flight into 
terrain;
122 
‘‘(iv) recovery from inadvertent flight 
into instrument meteorological conditions; 
‘‘(v) operational control of the pilot in 
command; and 
‘‘(vi) use of flight simulation training 
devices and line oriented flight training. 
‘‘(3) Safety-enhancing technology and equip-
ment, including— 
‘‘(A) helicopter terrain awareness and 
warning systems; 
‘‘(B) radar altimeters; 
‘‘(C) devices that perform the function of 
flight data recorders and cockpit voice recorders, 
to the extent feasible; and 
‘‘(D) safety equipment that should be worn 
or used by flight crewmembers and medical per-
sonnel on a flight, including the possible use of 
shoulder harnesses, helmets, seatbelts, and fire re-
sistant clothing to enhance crash survivability. 
‘‘(4) Such other matters as the Administrator 
considers appropriate. 
‘‘(c) MINIMUM REQUIREMENTS.—In issuing a final 
rule under subsection (a), the Administrator, at a min-
imum, shall provide for the following:
123 
‘‘(1) FLIGHT RISK EVALUATION PROGRAM.—The 
Administrator shall ensure that a part 135 certificate 
holder providing helicopter air ambulance services— 
‘‘(A) establishes a flight risk evaluation pro-
gram, based on FAA Notice 8000.301 issued by 
the Administration on August 1, 2005, including 
any updates thereto; 
‘‘(B) as part of the flight risk evaluation 
program, develops a checklist for use by pilots in 
determining whether a flight request should be 
accepted; and 
‘‘(C) requires the pilots of the certificate 
holder to use the checklist. 
‘‘(2) OPERATIONAL CONTROL CENTER.—The Ad-
ministrator shall ensure that a part 135 certificate 
holder providing helicopter air ambulance services 
using 10 or more helicopters has an operational con-
trol center that meets such requirements as the Ad-
ministrator may prescribe. 
‘‘(3) COMPLIANCE.—The Administrator shall en-
sure that a part 135 certificate holder providing heli-
copter air ambulance services complies with applica-
ble regulations under part 135 of title 14, Code of 
Federal Regulations, including regulations on weather
124 
minima and flight and duty time whenever medical 
personnel are onboard the aircraft. 
‘‘(d) DEADLINES.—The Administrator shall— 
‘‘(1) not later than 180 days after the date of en-
actment of this section, issue a notice of proposed 
rulemaking under subsection (a); and 
‘‘(2) not later than 16 months after the close of 
the comment period on the proposed rule, issue a final 
rule. 
‘‘(e) PART 135 CERTIFICATE HOLDER DEFINED.—In 
this section, the term ‘part 135 certificate holder’ means a 
person holding a certificate issued under part 135 of title 
14, Code of Federal Regulations. 
‘‘§ 44733. Collection of data on helicopter air ambu-
lance operations 
‘‘(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall require a part 135 certificate 
holder providing helicopter air ambulance services to sub-
mit to the Administrator, not later than one year after the 
date of enactment of this section, and annually thereafter, 
a report containing, at a minimum, the following data: 
‘‘(1) The number of helicopters that the certifi-
cate holder uses to provide helicopter air ambulance 
services and the base locations of the helicopters.
125 
‘‘(2) The number of flights and hours flown, by 
registration number, during which helicopters oper-
ated by the certificate holder were providing heli-
copter air ambulance services. 
‘‘(3) The number of flight requests for a heli-
copter providing helicopter air ambulance services 
that were accepted or declined by the certificate holder 
and the type of each such flight request (such as scene 
response, inter-facility transport, organ transport, or 
ferry or repositioning flight). 
‘‘(4) The number of accidents involving heli-
copters operated by the certificate holder while pro-
viding helicopter air ambulance services and a de-
scription of the accidents. 
‘‘(5) The number of flights and hours flown 
under instrument flight rules by helicopters operated 
by the certificate holder while providing helicopter air 
ambulance services. 
‘‘(6) The time of day of each flight flown by heli-
copters operated by the certificate holder while pro-
viding helicopter air ambulance services. 
‘‘(b) REPORTING PERIOD.—Data contained in a re-
port submitted by a part 135 certificate holder under sub-
section (a) shall relate to such reporting period as the Ad-
ministrator determines appropriate.
126 
‘‘(c) DATABASE.—Not later than 6 months after the 
date of enactment of this section, the Administrator shall 
develop a method to collect and store the data collected 
under subsection (a), including a method to protect the con-
fidentiality of any trade secret or proprietary information 
provided in response to this section. 
‘‘(d) REPORT
TO CONGRESS.—Not later than 24 
months after the date of enactment of this section, and an-
nually thereafter, the Administrator shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report con-
taining a summary of the data collected under subsection 
(a). 
‘‘(e) PART 135 CERTIFICATE HOLDER DEFINED.—In 
this section, the term ‘part 135 certificate holder’ means a 
person holding a certificate issued under part 135 of title 
14, Code of Federal Regulations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
447 (as amended by this Act) is further amended by adding 
at the end the following: 
‘‘Sec. 44732. Helicopter air ambulance operations. 
‘‘Sec. 44733. Collection of data on helicopter air ambulance operations.’’.
127 
SEC. 314. FEASIBILITY OF REQUIRING HELICOPTER PILOTS 
TO USE NIGHT VISION GOGGLES. 
(a) STUDY.—The Administrator of the Federal Avia-
tion Administration shall carry out a study on the feasi-
bility of requiring pilots of helicopters providing helicopter 
air ambulance services under part 135 of title 14, Code of 
Federal Regulations, to use night vision goggles during 
nighttime operations. 
(b) CONSIDERATIONS.—In conducting the study, the 
Administrator shall consult with owners and operators of 
helicopters providing helicopter air ambulance services 
under such part 135 and aviation safety professionals to 
determine the benefits, financial considerations, and risks 
associated with requiring the use of night vision goggles. 
(c) REPORT TO CONGRESS.—Not later than 1 after the 
date of enactment of this Act, the Administrator shall sub-
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the study. 
SEC. 315. STUDY OF HELICOPTER AND FIXED WING AIR AM-
BULANCE SERVICES. 
(a) IN GENERAL.—The Comptroller General shall con-
duct a study of the helicopter and fixed-wing air ambulance 
industry. The study shall include information, analysis,
128 
and recommendations pertinent to ensuring a safe air am-
bulance industry. 
(b) REQUIRED
INFORMATION.—In conducting the 
study, the Comptroller General shall obtain detailed infor-
mation on the following aspects of the air ambulance indus-
try: 
(1) A review of the industry, for part 135 certifi-
cate holders and indirect carriers providing helicopter 
and fixed-wing air ambulance services, including— 
(A) a listing of the number, size, and loca-
tion of helicopter and fixed-wing aircraft and 
their flight bases; 
(B) affiliations of certificate holders and in-
direct carriers with hospitals, governments, and 
other entities; 
(C) coordination of air ambulance services, 
with each other, State and local emergency med-
ical services systems, referring entities, and re-
ceiving hospitals; 
(D) nature of services contracts, sources of 
payment, financial relationships between certifi-
cate holders and indirect carriers providing air 
ambulance services and referring entities, and 
costs of operations; and
129 
(E) a survey of business models for air am-
bulance operations, including expenses, structure, 
and sources of income. 
(2) Air ambulance request and dispatch prac-
tices, including the various types of protocols, models, 
training, certifications, and air medical communica-
tions centers relating to part 135 certificate holders 
and indirect carriers providing helicopter and fixed- 
wing air ambulance services, including— 
(A) the practices that emergency and med-
ical officials use to request an air ambulance; 
(B) information on whether economic or 
other nonmedical factors lead to air ambulance 
transport when it is not medically needed, ap-
propriate, or safe; and 
(C) the cause, occurrence, and extent of 
delays in air ambulance transport. 
(3) Economic and medical issues relating to the 
air ambulance industry, including— 
(A) licensing; 
(B) certificates of need; 
(C) public convenience and necessity re-
quirements; 
(D) assignment of geographic coverage 
areas;
130 
(E) accreditation requirements; 
(F) compliance with dispatch procedures; 
and 
(G) requirements for medical equipment 
and personnel onboard the aircraft. 
(4) Such other matters as the Comptroller Gen-
eral considers relevant to the purpose of the study. 
(c) ANALYSIS AND RECOMMENDATIONS.—Based on in-
formation obtained under subsection (b) and other informa-
tion the Comptroller General considers appropriate, the re-
port shall also include an analysis and specific rec-
ommendations, as appropriate, related to— 
(1) the relationship between State regulation and 
Federal preemption of rates, routes, and services of 
air ambulances; 
(2) the extent to which Federal law may impact 
existing State regulation of air ambulances and the 
potential effect of greater State regulation— 
(A) in the air ambulance industry, on the 
economic viability of air ambulance services, the 
availability and coordination of service, and 
costs of operations both in rural and highly pop-
ulated areas; 
(B) on the quality of patient care and out-
comes; and
131 
(C) on competition and safety; and 
(3) whether systemic or other problems exist on 
a statewide, regional, or national basis with the cur-
rent system governing air ambulances. 
(d) REPORT.—Not later than June 1, 2010, the Comp-
troller General shall submit to the Secretary of Transpor-
tation and the appropriate committees of Congress a report 
containing its findings and recommendations regarding the 
study under this section. 
(e) ADOPTION OF RECOMMENDED POLICY CHANGES.— 
Not later than 60 days after the date of receipt of the report 
under subsection (d), the Secretary shall issue a report to 
the appropriate committees of Congress, that— 
(1) specifies which, if any, policy changes rec-
ommended by the Comptroller General and any other 
policy changes with respect to air ambulances the 
Secretary will adopt and implement; and 
(2) includes recommendations for legislative 
change, if appropriate. 
(f) PART 135 CERTIFICATE HOLDER DEFINED.—In 
this section, the term ‘‘part 135 certificate holder’’ means 
a person holding a certificate issued under part 135 of title 
14, Code of Federal Regulations.
132 
Subtitle B—Unmanned Aircraft 
Systems 
SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS IN-
TEGRATION PLAN. 
(a) INTEGRATION PLAN.— 
(1) COMPREHENSIVE PLAN.—Not later than 9 
months after the date of enactment of this Act, the 
Secretary, in consultation with representatives of the 
aviation industry, shall develop a comprehensive plan 
to safely integrate commercial unmanned aircraft sys-
tems into the national airspace system. 
(2) MINIMUM
REQUIREMENTS.—In developing 
the plan under paragraph (1), the Secretary shall, at 
a minimum— 
(A) review technologies and research that 
will assist in facilitating the safe integration of 
commercial unmanned aircraft systems into the 
national airspace system; 
(B) provide recommendations or projections 
for the rulemaking to be conducted under sub-
section (b) to— 
(i) define the acceptable standards for 
operations and certification of commercial 
unmanned aircraft systems;
133 
(ii) ensure that any commercial un-
manned aircraft system includes a detect, 
sense, and avoid capability; and 
(iii) develop standards and require-
ments for the operator, pilot, and pro-
grammer of a commercial unmanned air-
craft system, including standards and re-
quirements for registration and licensing; 
(C) recommend how best to enhance the 
technologies and subsystems necessary to effect 
the safe and routine operations of commercial 
unmanned aircraft systems in the national air-
space system; and 
(D) recommend how a phased-in approach 
to the integration of commercial unmanned air-
craft systems into the national airspace system 
can best be achieved and a timeline upon which 
such a phase-in shall occur. 
(3) DEADLINE.—The plan to be developed under 
paragraph (1) shall provide for the safe integration of 
commercial unmanned aircraft systems into the na-
tional airspace system as soon as possible, but not 
later than September 30, 2013. 
(4) REPORT TO CONGRESS.—Not later than 1 
after the date of enactment of this Act, the Secretary
134 
shall submit to Congress a copy of the plan developed 
under paragraph (1). 
(b) RULEMAKING.—Not later than 18 months after the 
date on which the integration plan is submitted to Congress 
under subsection (a)(4), the Administrator of the Federal 
Aviation Administration shall publish in the Federal Reg-
ister a notice of proposed rulemaking to implement the rec-
ommendations of the integration plan. 
(c) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out this 
section. 
SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIR-
CRAFT SYSTEMS. 
(a) IN GENERAL.—Notwithstanding the requirements 
of sections 321 and 323, and not later than 6 months after 
the date of enactment of this Act, the Secretary shall deter-
mine if certain unmanned aircraft systems may operate 
safely in the national airspace system before completion of 
the plan and rulemaking required by section 321 or the 
guidance required by section 323. 
(b) ASSESSMENT
OF
UNMANNED
AIRCRAFT
SYS-
TEMS.—In making the determination under subsection (a), 
the Secretary shall determine, at a minimum— 
(1) which types of unmanned aircraft systems, if 
any, as a result of their size, weight, speed, oper-