IB 
Union Calendar No. 19 
112TH CONGRESS 
1ST SESSION 
H. R. 658 
[Report No. 112–29, Parts I and II] 
To amend title 49, United States Code, to authorize appropriations for 
the Federal Aviation Administration for fiscal years 2011 through 2014, 
to streamline programs, create efficiencies, reduce waste, and improve 
aviation safety and capacity, to provide stable funding for the national 
aviation system, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2011 
Mr. MICA (for himself, Mr. PETRI, Mr. HULTGREN, Mr. YOUNG of Alaska, 
Mr. GRAVES of Missouri, Mr. LONG, Mr. MEEHAN, Mr. HANNA, Mr. 
SOUTHERLAND, Mr. WESTMORELAND, Mr. GIBBS, Mr. BUCSHON, Mr. 
COHEN, Mrs. CAPITO, Mr. DENHAM, Mr. BARLETTA, Mr. FARENTHOLD, 
Mr. REED, Mr. COBLE, Mr. LANKFORD, Mr. SHUSTER, and Mr. GARY 
G. MILLER of California) introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure 
MARCH 10, 2011 
Reported with an amendment and referred, for a period ending not later than 
March 23, 2011, to the Committee on Science, Space, and Technology, 
for consideration of such provisions of the bill and amendment as fall 
within the jurisdiction of that committee pursuant to clause 1(p), rule X, 
and to the Committee on the Judiciary, for consideration of such provi-
sions of the bill and amendment as fall within the jurisdiction of that 
committee pursuant to clause 1(l), rule X 
[Strike out all after the enacting clause and insert the part printed in italic] 
MARCH 16, 2011 
Supplemental report filed by the Committee on Transportation and 
Infrastructure 
MARCH 23, 2011 
Additional sponsors: Mr. CRAVAACK, Mr. ROKITA, and Mr. GUINTA 
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MARCH 23, 2011 
The Committees on Science, Space, and Technology and the Judiciary dis-
charged; committed to the Committee of the Whole House on the State 
of the Union, and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on February 11, 2011] 
A BILL 
To amend title 49, United States Code, to authorize appro-
priations for the Federal Aviation Administration for 
fiscal years 2011 through 2014, to streamline programs, 
create efficiencies, reduce waste, and improve aviation 
safety and capacity, to provide stable funding for the 
national aviation system, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘FAA Reauthorization and Reform Act of 2011’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendments to title 49, United States Code. 
Sec. 3. Effective date. 
TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA Programs 
Sec. 101. Airport planning and development and noise compatibility planning 
and programs. 
Sec. 102. Air navigation facilities and equipment. 
Sec. 103. FAA operations. 
Sec. 104. Funding for aviation programs. 
Sec. 105. Delineation of Next Generation Air Transportation System projects. 
Sec. 106. Funding for administrative expenses for airport programs. 
Subtitle B—Passenger Facility Charges 
Sec. 111. Passenger facility charges. 
Sec. 112. Airport access flexibility program. 
Sec. 113. GAO study of alternative means of collecting PFCs. 
Sec. 114. Qualifications-based selection. 
Subtitle C—Fees for FAA Services 
Sec. 121. Update on overflights. 
Sec. 122. Registration fees. 
Subtitle D—Airport Improvement Program Modifications 
Sec. 131. Airport master plans. 
Sec. 132. Aerotropolis transportation systems. 
Sec. 133. AIP definitions. 
Sec. 134. Recycling plans for airports. 
Sec. 135. Contents of competition plans. 
Sec. 136. Grant assurances. 
Sec. 137. Agreements granting through-the-fence access to general aviation air-
ports. 
Sec. 138. Government share of project costs. 
Sec. 139. Allowable project costs. 
Sec. 140. Veterans’ preference. 
Sec. 141. Standardizing certification of disadvantaged business enterprises. 
Sec. 142. Special apportionment rules. 
Sec. 143. Apportionments. 
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Sec. 144. Marshall Islands, Micronesia, and Palau. 
Sec. 145. Designating current and former military airports. 
Sec. 146. Contract tower program. 
Sec. 147. Resolution of disputes concerning airport fees. 
Sec. 148. Sale of private airports to public sponsors. 
Sec. 149. Repeal of certain limitations on Metropolitan Washington Airports Au-
thority. 
Sec. 150. Midway Island Airport. 
Sec. 151. Miscellaneous amendments. 
Sec. 152. Extension of grant authority for compatible land use planning and 
projects by State and local governments. 
Sec. 153. Priority review of construction projects in cold weather States. 
Sec. 154. Study on national plan of integrated airport systems. 
Sec. 155. Transfers of terminal area air navigation equipment to airport spon-
sors. 
Sec. 156. Airport privatization program. 
TITLE II—NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR 
TRAFFIC CONTROL MODERNIZATION 
Sec. 201. Definitions. 
Sec. 202. NextGen demonstrations and concepts. 
Sec. 203. Clarification of authority to enter into reimbursable agreements. 
Sec. 204. Chief NextGen Officer. 
Sec. 205. Definition of air navigation facility. 
Sec. 206. Clarification to acquisition reform authority. 
Sec. 207. Assistance to foreign aviation authorities. 
Sec. 208. Next Generation Air Transportation System Joint Planning and Devel-
opment Office. 
Sec. 209. Next Generation Air Transportation Senior Policy Committee. 
Sec. 210. Improved management of property inventory. 
Sec. 211. Automatic dependent surveillance-broadcast services. 
Sec. 212. Expert review of enterprise architecture for NextGen. 
Sec. 213. Acceleration of NextGen technologies. 
Sec. 214. Performance metrics. 
Sec. 215. Certification standards and resources. 
Sec. 216. Surface systems acceleration. 
Sec. 217. Inclusion of stakeholders in air traffic control modernization projects. 
Sec. 218. Siting of wind farms near FAA navigational aids and other assets. 
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. Design and production organization certificates. 
Sec. 304. Aircraft certification process review and reform. 
Sec. 305. Consistency of regulatory interpretation. 
Sec. 306. Runway safety. 
Sec. 307. Improved pilot licenses. 
Sec. 308. Flight attendant fatigue. 
Sec. 309. Flight Standards Evaluation Program. 
Sec. 310. Cockpit smoke. 
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Sec. 311. Safety of air ambulance operations. 
Sec. 312. Off-airport, low-altitude aircraft weather observation technology. 
Sec. 313. Feasibility of requiring helicopter pilots to use night vision goggles. 
Sec. 314. Prohibition on personal use of electronic devices on flight deck. 
Sec. 315. Noncertificated maintenance providers. 
Sec. 316. Inspection of foreign repair stations. 
Sec. 317. Sunset of line check. 
Subtitle B—Unmanned Aircraft Systems 
Sec. 321. Definitions. 
Sec. 322. Commercial unmanned aircraft systems integration plan. 
Sec. 323. Special rules for certain unmanned aircraft systems. 
Sec. 324. Public unmanned aircraft systems. 
Sec. 325. Unmanned aircraft systems test ranges. 
Subtitle C—Safety and Protections 
Sec. 331. Postemployment restrictions for flight standards inspectors. 
Sec. 332. Review of air transportation oversight system database. 
Sec. 333. Improved voluntary disclosure reporting system. 
Sec. 334. Aviation Whistleblower Investigation Office. 
Sec. 335. Duty periods and flight time limitations applicable to flight crew-
members. 
TITLE IV—AIR SERVICE IMPROVEMENTS 
Subtitle A—Essential Air Service 
Sec. 401. Essential air service marketing. 
Sec. 402. Notice to communities prior to termination of eligibility for subsidized 
essential air service. 
Sec. 403. Essential air service contract guidelines. 
Sec. 404. Essential air service reform. 
Sec. 405. Small community air service. 
Sec. 406. Adjustments to compensation for significantly increased costs. 
Sec. 407. Repeal of EAS local participation program. 
Sec. 408. Sunset of essential air service program. 
Subtitle B—Passenger Air Service Improvements 
Sec. 421. Smoking prohibition. 
Sec. 422. Monthly air carrier reports. 
Sec. 423. Flight operations at Ronald Reagan Washington National Airport. 
Sec. 424. Musical instruments. 
Sec. 425. Passenger air service improvements. 
Sec. 426. Airfares for members of the Armed Forces. 
Sec. 427. Review of air carrier flight delays, cancellations, and associated causes. 
Sec. 428. Denied boarding compensation. 
Sec. 429. Compensation for delayed baggage. 
Sec. 430. Schedule reduction. 
Sec. 431. DOT airline consumer complaint investigations. 
Sec. 432. Study of operators regulated under part 135. 
Sec. 433. Use of cell phones on passenger aircraft. 
TITLE V—ENVIRONMENTAL STREAMLINING 
Sec. 501. Overflights of national parks. 
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Sec. 502. State block grant program. 
Sec. 503. NextGen environmental efficiency projects streamlining. 
Sec. 504. Airport funding of special studies or reviews. 
Sec. 505. Noise compatibility programs. 
Sec. 506. Grant eligibility for assessment of flight procedures. 
Sec. 507. Determination of fair market value of residential properties. 
Sec. 508. Prohibition on operating certain aircraft weighing 75,000 pounds or 
less not complying with stage 3 noise levels. 
Sec. 509. Aircraft departure queue management pilot program. 
Sec. 510. High performance, sustainable, and cost-effective air traffic control fa-
cilities. 
Sec. 511. Sense of Congress. 
Sec. 512. Aviation noise complaints. 
TITLE VI—FAA EMPLOYEES AND ORGANIZATION 
Sec. 601. Federal Aviation Administration personnel management system. 
Sec. 602. Presidential rank award program. 
Sec. 603. FAA technical training and staffing. 
Sec. 604. Safety critical staffing. 
Sec. 605. FAA air traffic controller staffing. 
Sec. 606. Air traffic control specialist qualification training. 
Sec. 607. Assessment of training programs for air traffic controllers. 
Sec. 608. Collegiate training initiative study. 
Sec. 609. FAA facility conditions. 
Sec. 610. Frontline manager staffing. 
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. 
TITLE VIII—MISCELLANEOUS 
Sec. 801. Disclosure of data to Federal agencies in interest of national security. 
Sec. 802. FAA access to criminal history records and database systems. 
Sec. 803. Civil penalties technical amendments. 
Sec. 804. Realignment and consolidation of FAA services and facilities. 
Sec. 805. Limiting access to flight decks of all-cargo aircraft. 
Sec. 806. Consolidation or elimination of obsolete, redundant, or otherwise unnec-
essary reports; use of electronic media format. 
Sec. 807. Prohibition on use of certain funds. 
Sec. 808. Study on aviation fuel prices. 
Sec. 809. Wind turbine lighting. 
Sec. 810. Air-rail code sharing study. 
Sec. 811. D.C. Metropolitan Area Special Flight Rules Area. 
Sec. 812. FAA review and reform. 
Sec. 813. Cylinders of compressed oxygen or other oxidizing gases. 
TITLE IX—NATIONAL MEDIATION BOARD 
Sec. 901. Authority of Inspector General. 
Sec. 902. Evaluation and audit of National Mediation Board. 
Sec. 903. Repeal of rule. 
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TITLE X—COMMERCIAL SPACE TRANSPORTATION 
Sec. 1001. Space flight passengers. 
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 take effect on the 
date of enactment of this Act. 
TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA 
Programs 
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND 
NOISE COMPATIBILITY PLANNING AND PRO-
GRAMS. 
(a) AUTHORIZATION.—Section 48103 is amended to 
read as follows: 
‘‘§ 48103. Airport planning and development and noise 
compatibility planning and programs 
‘‘(a) IN GENERAL.—There shall be available to the Sec-
retary of Transportation out of the Airport and Airway 
Trust Fund established under section 9502 of the Internal 
Revenue Code of 1986 to make grants for airport planning 
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and airport development under section 47104, airport noise 
compatibility planning under section 47505(a)(2), and car-
rying out noise compatibility programs under section 
47504(c)— 
‘‘(1) $3,176,000,000 for fiscal year 2011; 
‘‘(2) $3,000,000,000 for fiscal year 2012; 
‘‘(3) $3,000,000,000 for fiscal year 2013; and 
‘‘(4) $3,000,000,000 for fiscal year 2014. 
‘‘(b) AVAILABILITY
OF AMOUNTS.—Amounts made 
available under subsection (a) shall remain available until 
expended. 
‘‘(c) LIMITATION.—Amounts made available under 
subsection (a) may not be used for carrying out the Airport 
Cooperative Research Program or the Airports Technology 
Research Program.’’. 
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is 
amended by striking ‘‘March 31, 2011’’ and inserting ‘‘Sep-
tember 30, 2014’’. 
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
48101(a) is amended by striking paragraphs (1) through 
(6) and inserting the following: 
‘‘(1) $2,700,000,000 for fiscal year 2011. 
‘‘(2) $2,600,000,000 for fiscal year 2012. 
‘‘(3) $2,600,000,000 for fiscal year 2013. 
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‘‘(4) $2,600,000,000 for fiscal year 2014.’’. 
(b) SET-ASIDES.—Section 48101 is amended— 
(1) by striking subsections (c), (d), (e), (h), and 
(i); and 
(2) by redesignating subsections (f) and (g) as 
subsections (c) and (d), respectively. 
SEC. 103. FAA OPERATIONS. 
(a) IN GENERAL.—Section 106(k)(1) is amended by 
striking subparagraphs (A) through (F) and inserting the 
following: 
‘‘(A) $9,403,000,000 for fiscal year 2011; 
‘‘(B) $9,168,000,000 for fiscal year 2012; 
‘‘(C) $9,168,000,000 for fiscal year 2013; 
and 
‘‘(D) $9,168,000,000 for fiscal year 2014.’’. 
(b) AUTHORIZED EXPENDITURES.—Section 106(k)(2) 
is amended— 
(1) by striking subparagraphs (A), (B), (C), and 
(D); 
(2) by redesignating subparagraphs (E), (F), 
and (G) as subparagraphs (A), (B), and (C), respec-
tively; and 
(3) in subparagraphs (A), (B), and (C) (as so re-
designated) by striking ‘‘2004 through 2007’’ and in-
serting ‘‘2011 through 2014’’. 
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(c) AUTHORITY
TO
TRANSFER
FUNDS.—Section 
106(k) is amended by adding at the end the following: 
‘‘(3) ADMINISTERING
PROGRAM
WITHIN
AVAIL-
ABLE FUNDING.—Notwithstanding any other provi-
sion of law, in each of fiscal years 2011 through 2014, 
if the Secretary determines that the funds appro-
priated under paragraph (1) are insufficient to meet 
the salary, operations, and maintenance expenses of 
the Federal Aviation Administration, as authorized 
by this section, the Secretary shall reduce nonsafety- 
related activities of the Administration as necessary 
to reduce such expenses to a level that can be met by 
the funding available under paragraph (1).’’. 
SEC. 104. FUNDING FOR AVIATION PROGRAMS. 
(a) AIRPORT
AND
AIRWAY
TRUST
FUND
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 pursuant to 
sections 48101, 48102, 48103, and 106(k) shall— 
‘‘(i) in fiscal year 2011, 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 
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‘‘(ii) in fiscal year 2012 and each fis-
cal year thereafter, 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 ‘‘2014’’. 
(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 
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administrative expenses of the Federal Aviation Adminis-
tration described in subsection (b): 
‘‘(1) $85,987,000 for fiscal year 2011. 
‘‘(2) $80,676,000 for fiscal year 2012. 
‘‘(3) $80,676,000 for fiscal year 2013. 
‘‘(4) $80,676,000 for fiscal year 2014. 
‘‘(b) 
ELIGIBLE
ADMINISTRATIVE
EXPENSES.— 
Amounts made available under subsection (a) may be used 
for administrative expenses relating to the airport improve-
ment program, passenger facility charge approval and over-
sight, national airport system planning, airport standards 
development and enforcement, airport certification, airport- 
related environmental activities (including legal services), 
and other airport-related activities. 
‘‘(c) AVAILABILITY
OF AMOUNTS.—Amounts made 
available under subsection (a) shall remain available until 
expended.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
481 is amended by striking the item relating to section 
48105 and inserting the following: 
‘‘48105. Airport programs administrative expenses.’’. 
Subtitle B—Passenger Facility 
Charges 
SEC. 111. PASSENGER FACILITY CHARGES. 
(a) PFC DEFINED.—Section 40117(a)(5) is amended 
to read as follows: 
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‘‘(5) PASSENGER FACILITY CHARGE.—The term 
‘passenger facility charge’ means a charge or fee im-
posed under this section.’’. 
(b) PILOT PROGRAM FOR PFC AUTHORIZATIONS AT 
NONHUB AIRPORTS.—Section 40117(l) is amended— 
(1) by striking paragraph (7); and 
(2) by redesignating paragraph (8) as para-
graph (7). 
(c) 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’’; 
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(G) by striking ‘‘fee’’ each place it appears 
(other than the second sentence of subsection 
(g)(4)) and inserting ‘‘charge’’; and 
(H) by striking ‘‘fees’’ each place it 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). 
(3) CLERICAL
AMENDMENT.—The analysis for 
chapter 401 is amended by striking the item relating 
to section 40117 and inserting the following: 
‘‘40117. Passenger facility charges.’’. 
SEC. 112. AIRPORT ACCESS FLEXIBILITY PROGRAM. 
Section 40117 is amended by adding at the end the 
following: 
‘‘(n) AIRPORT ACCESS FLEXIBILITY PROGRAM.— 
‘‘(1) PFC ELIGIBILITY.—Subject to the require-
ments of this subsection, the Secretary shall establish 
a pilot program under which the Secretary may au-
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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 subsection, the term ‘intermodal 
ground access project’ means a project for con-
structing a local facility owned or operated by an eli-
gible agency that is directly and substantially related 
to the movement of passengers or property traveling 
in air transportation. 
‘‘(3) ELIGIBLE COSTS.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the eligible cost of an intermodal 
ground access project at an airport 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.— 
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‘‘(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 the 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. 113. GAO STUDY OF ALTERNATIVE MEANS OF COL-
LECTING PFCS. 
(a) IN GENERAL.—The Comptroller General shall con-
duct a study of alternative means of collecting passenger 
facility charges imposed under section 40117 of title 49, 
United States Code, that would permit such charges to be 
collected without being included in the ticket price. In con-
ducting the study, the Comptroller General shall consider, 
at a minimum— 
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(1) collection options for arriving, connecting, 
and departing passengers at airports; 
(2) cost sharing or allocation methods based on 
passenger travel to address connecting traffic; and 
(3) examples of airport charges collected by do-
mestic and international airports that are not in-
cluded in ticket prices. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall sub-
mit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report 
on the study, including the Comptroller General’s findings, 
conclusions, and recommendations. 
SEC. 114. QUALIFICATIONS-BASED SELECTION. 
(a) QUALIFICATIONS-BASED SELECTION DEFINED.— 
In this section, the term ‘‘qualifications-based selection’’ 
means a competitive procurement process under which 
firms compete for capital improvement projects on the basis 
of qualifications, past experience, and specific expertise. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that airports should consider the use of qualifications-based 
selection in carrying out capital improvement projects 
funded using passenger facility charges collected under sec-
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tion 40117 of title 49, United States Code, with the goal 
of serving the needs of all stakeholders. 
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 this section, 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. 
‘‘(2) SERVICES FOR WHICH COSTS MAY BE RE-
COVERED.—Services for which costs may be recovered 
under this section include the costs of air traffic con-
trol, navigation, weather services, training, and emer-
gency services that are available to facilitate safe 
transportation over the United States and the costs of 
other services provided by the Administrator, or by 
programs financed by the Administrator, to flights 
that neither take off nor land in the United States. 
‘‘(3) LIMITATIONS ON JUDICIAL REVIEW.—Not-
withstanding section 702 of title 5 or any other provi-
sion of law, the following actions and other matters 
shall not be subject to judicial review: 
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‘‘(A) The establishment or adjustment of a 
fee by the Administrator under this section. 
‘‘(B) The validity of a determination of 
costs by the Administrator under paragraph (1), 
and the processes and procedures applied by the 
Administrator when reaching such determina-
tion. 
‘‘(C) An allocation of costs by the Adminis-
trator under paragraph (1) to services provided, 
and the processes and procedures applied by the 
Administrator when establishing such allocation. 
‘‘(4) ADJUSTMENT
OF
OVERFLIGHT
FEES.—In 
accordance with section 106(f)(3)(A), the Adminis-
trator shall adjust the overflight fees established by 
subsection (a)(1) by issuing a final rule with respect 
to the notice of proposed rulemaking published in the 
Federal Register on September 28, 2010 (75 Fed. Reg. 
59661). 
‘‘(5) 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. 
‘‘(6) COSTS DEFINED.—In this subsection, the 
term ‘costs’ includes operation and maintenance costs, 
leasing costs, and overhead expenses associated with 
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the services provided and the facilities and equipment 
used in providing such services. 
‘‘(7) SPECIAL
RULE
FOR
FISCAL
YEARS
2011 
THROUGH 2015.—In each of fiscal years 2011 through 
2015, section 45303(c) shall not apply to any increase 
in fees collected pursuant to a final rule described in 
paragraph (4).’’. 
(b) ADJUSTMENT OF FEES.—Section 45301 is amend-
ed by adding at the end the following: 
‘‘(e) ADJUSTMENT OF FEES.—In addition to adjust-
ments under subsection (b), the Administrator may periodi-
cally 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 and collect a fee for each of 
the following services and activities of the Administration 
that does not exceed the estimated costs of the service or 
activity: 
‘‘(1) Registering an aircraft. 
‘‘(2) Reregistering, replacing, or renewing an 
aircraft registration certificate. 
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‘‘(3) Issuing an original dealer’s aircraft reg-
istration certificate. 
‘‘(4) Issuing an additional dealer’s aircraft reg-
istration certificate (other than the original). 
‘‘(5) Issuing a special registration number. 
‘‘(6) Issuing a renewal of a special registration 
number reservation. 
‘‘(7) Recording a security interest in an aircraft 
or aircraft part. 
‘‘(8) Issuing an airman certificate. 
‘‘(9) Issuing a replacement airman certificate. 
‘‘(10) Issuing an airman medical certificate. 
‘‘(11) Providing a legal opinion pertaining to 
aircraft registration or recordation. 
‘‘(b) LIMITATION ON COLLECTION.—No fee may be 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— 
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‘‘(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, including all costs associated 
with collecting the fee; 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 
adjust a fee established under subsection (a) for a 
service or activity if the Administrator determines 
that the actual cost of the service or activity is higher 
or lower than was indicated by the cost data used to 
establish such fee.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
453 is amended by adding at the end the following: 
‘‘45305. Registration, certification, and related fees.’’. 
(c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR 
TRANSPORTATION.—Section 45302(e) is amended— 
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(1) by striking ‘‘A fee’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—A fee’’; and 
(2) by adding at the end the following: 
‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.— 
A fee may not be imposed for a service or activity 
under this section during any period in which a fee 
for the same service or activity is imposed under sec-
tion 45305.’’. 
Subtitle D—Airport Improvement 
Program Modifications 
SEC. 131. AIRPORT MASTER PLANS. 
Section 47101(g)(2) is amended— 
(1) in subparagraph (B) by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(3) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) consider passenger convenience, air-
port ground access, and access to airport facili-
ties; and’’. 
SEC. 132. AEROTROPOLIS TRANSPORTATION SYSTEMS. 
Section 47101(g) is amended by adding at the end the 
following: 
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‘‘(4) 
AEROTROPOLIS
TRANSPORTATION
SYS-
TEMS.—Encourage the development of aerotropolis 
transportation systems, which are planned and co-
ordinated multimodal freight and passenger transpor-
tation networks that, as determined by the Secretary, 
provide efficient, cost-effective, sustainable, and inter-
modal connectivity to a defined region of economic 
significance centered around a major airport.’’. 
SEC. 133. AIP DEFINITIONS. 
(a) AIRPORT DEVELOPMENT.—Section 47102(3) is 
amended— 
(1) in subparagraph (B)(iv) by striking ‘‘20’’ 
and inserting ‘‘9’’; 
(2) in subparagraph (G) by inserting ‘‘and in-
cluding acquiring glycol recovery vehicles,’’ after ‘‘air-
craft,’’; and 
(3) by adding at the end the following: 
‘‘(M) construction of mobile refueler parking 
within a fuel farm at a nonprimary airport 
meeting the requirements of section 112.8 of title 
40, Code of Federal Regulations. 
‘‘(N) terminal development under section 
47119(a). 
‘‘(O) acquiring and installing facilities and 
equipment to provide air conditioning, heating, 
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or electric power from terminal-based, nonexclu-
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 to read as follows: 
‘‘(5) ‘airport planning’ means planning as de-
fined by regulations the Secretary prescribes and in-
cludes— 
‘‘(A) integrated airport system planning; 
‘‘(B) developing an environmental manage-
ment system; and 
‘‘(C) developing a plan for recycling and 
minimizing the generation of airport solid waste, 
consistent with applicable State and local recy-
cling laws, including the cost of a waste audit.’’. 
(c) GENERAL AVIATION AIRPORT.—Section 47102 is 
amended— 
(1) by redesignating paragraphs (23) through 
(25) as paragraphs (25) through (27), respectively; 
(2) by redesignating paragraphs (8) through (22) 
as paragraphs (9) through (23), respectively; and 
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(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 (as 
amended by subsection (c) of this section) is further amend-
ed by adding at the end the following: 
‘‘(28) ‘terminal development’ means— 
‘‘(A) development of— 
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‘‘(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. 134. RECYCLING PLANS FOR AIRPORTS. 
Section 47106(a) is amended— 
(1) in paragraph (4) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5) by striking ‘‘proposed.’’ 
and inserting ‘‘proposed; and’’; and 
(3) by adding at the end the following: 
‘‘(6) if the project is for an airport that has an 
airport master plan, the master plan addresses issues 
relating to solid waste recycling at the airport, in-
cluding— 
‘‘(A) the feasibility of solid waste recycling 
at the airport; 
‘‘(B) minimizing the generation of solid 
waste at the airport; 
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‘‘(C) operation and maintenance require-
ments; 
‘‘(D) the review of waste management con-
tracts; and 
‘‘(E) the potential for cost savings or the 
generation of revenue.’’. 
SEC. 135. CONTENTS OF COMPETITION PLANS. 
Section 47106(f)(2) is amended— 
(1) by striking ‘‘patterns of air service,’’; 
(2) by inserting ‘‘and’’ before ‘‘whether’’; and 
(3) by striking ‘‘, and airfare levels’’ and all that 
follows before the period. 
SEC. 136. 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)’’. 
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(2) ELIGIBLE
PROJECTS.—Section 47107(c) is 
amended by adding at the end the following: 
‘‘(4) In approving the reinvestment or transfer of pro-
ceeds under paragraph (2)(A)(iii), the Secretary shall give 
preference, in descending order, to the following actions: 
‘‘(A) Reinvestment in an approved noise compat-
ibility project. 
‘‘(B) Reinvestment in an approved project that 
is eligible for funding under section 47117(e). 
‘‘(C) Reinvestment in an approved airport devel-
opment project that is eligible for funding under sec-
tion 47114, 47115, or 47117. 
‘‘(D) Transfer to a sponsor of another public air-
port to be reinvested in an approved noise compat-
ibility 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’’. 
(d) EXTENSION OF COMPETITIVE ACCESS REPORTS.— 
Section 47107(s) is amended by striking paragraph (3). 
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SEC. 137. AGREEMENTS GRANTING THROUGH-THE-FENCE 
ACCESS TO GENERAL AVIATION AIRPORTS. 
(a) IN GENERAL.—Section 47107 is amended by add-
ing at the end the following: 
‘‘(t) AGREEMENTS GRANTING THROUGH-THE-FENCE 
ACCESS TO GENERAL AVIATION AIRPORTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
sponsor of a general aviation airport shall not be con-
sidered to be in violation of this subtitle, or to be in 
violation of a grant assurance made under this sec-
tion or under any other provision of law as a condi-
tion for the receipt of Federal financial assistance for 
airport development, solely because the sponsor enters 
into an agreement that grants to a person that owns 
residential real property adjacent to the airport ac-
cess to the airfield of the airport for the following: 
‘‘(A) Aircraft of the person. 
‘‘(B) Aircraft authorized by the person. 
‘‘(2) THROUGH-THE-FENCE AGREEMENTS.— 
‘‘(A) IN GENERAL.—An agreement described 
in paragraph (1) between an airport sponsor 
and a property owner shall be a written agree-
ment that prescribes the rights, responsibilities, 
charges, duration, and other terms the airport 
sponsor determines are necessary to establish and 
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manage the airport sponsor’s relationship with 
the property owner. 
‘‘(B) TERMS AND CONDITIONS.—An agree-
ment described in paragraph (1) between an air-
port sponsor and a property owner shall require 
the property owner, at minimum— 
‘‘(i) to pay airport access charges that, 
as determined by the airport sponsor, are 
comparable to those charged to tenants and 
operators on-airport making similar use of 
the airport; 
‘‘(ii) to bear the cost of building and 
maintaining the infrastructure that, as de-
termined by the airport sponsor, is nec-
essary to provide aircraft located on the 
property adjacent to the airport access to 
the airfield of the airport; 
‘‘(iii) to maintain the property for res-
idential, noncommercial use for the dura-
tion of the agreement; and 
‘‘(iv) to prohibit access to the airport 
from other properties through the property 
of the property owner.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to an agreement between an airport 
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sponsor and a property owner entered into before, on, or 
after the date of enactment of this Act. 
SEC. 138. GOVERNMENT SHARE OF PROJECT COSTS. 
Section 47109 is amended— 
(1) in subsection (a) by striking ‘‘provided in 
subsection (b) or subsection (c) of this section’’ and 
inserting ‘‘otherwise provided in this section’’; and 
(2) by adding at the end the following: 
‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL 
HUB TO MEDIUM HUB STATUS.—If the status of a small 
hub airport changes to a medium hub airport, the 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.’’. 
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SEC. 139. ALLOWABLE PROJECT COSTS. 
(a) 
ALLOWABLE
PROJECT
COSTS.—Section 
47110(b)(2)(D) is amended to read as follows: 
‘‘(D) if the cost is for airport development and 
is incurred before execution of the grant agreement, 
but in the same fiscal year as execution of the grant 
agreement, and if— 
‘‘(i) the cost was incurred before execution 
of the grant agreement due to climactic condi-
tions affecting the construction season in the vi-
cinity 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, including sub-
mission of a complete grant application to the 
appropriate regional or district office of the Fed-
eral Aviation Administration; 
‘‘(iii) the sponsor notifies the Secretary be-
fore authorizing work to commence on the 
project; 
‘‘(iv) the sponsor has an alternative funding 
source available to fund the project; and 
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‘‘(v) the sponsor’s decision to proceed with 
the project in advance of execution of the grant 
agreement does not affect the priority assigned to 
the project by the Secretary for the allocation of 
discretionary funds;’’. 
(b) INCLUSION
OF MEASURES TO IMPROVE EFFI-
CIENCY OF AIRPORT BUILDINGS IN AIRPORT IMPROVEMENT 
PROJECTS.—Section 47110(b) is amended— 
(1) in paragraph (5) by striking ‘‘; and’’ and in-
serting a semicolon; 
(2) in paragraph (6) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(7) if the cost is incurred on a measure to im-
prove the efficiency of an airport building (such as a 
measure designed to meet one or more of the criteria 
for being considered a high-performance green build-
ing as set forth under section 401(13) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
17061(13))) and— 
‘‘(A) the measure is for a project for airport 
development; 
‘‘(B) the measure is for an airport building 
that is otherwise eligible for construction assist-
ance under this subchapter; and 
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‘‘(C) if the measure results in an increase 
in initial project costs, the increase is justified 
by expected savings over the life cycle of the 
project.’’. 
(c) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
Section 47110(d) is amended to read as follows: 
‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
The Secretary may determine that the costs of relocating 
or replacing an airport-owned facility are allowable for an 
airport development project at an airport only if— 
‘‘(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.’’. 
(d) NONPRIMARY AIRPORTS.—Section 47110(h) is 
amended— 
(1) by inserting ‘‘construction’’ before ‘‘costs of 
revenue producing’’; and 
(2) by striking ‘‘, including fuel farms and hang-
ars,’’. 
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SEC. 140. VETERANS’ PREFERENCE. 
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 in 
section 101 of title 38) in the Armed Forces in sup-
port of Operation Enduring Freedom, Operation 
Iraqi Freedom, or Operation New Dawn for more 
than 180 consecutive days, any part of which oc-
curred after September 11, 2001, and before the date 
prescribed by presidential proclamation or by law as 
the last day of Operation Enduring Freedom, Oper-
ation Iraqi Freedom, or Operation New Dawn 
(whichever is later), and who was discharged or re-
leased from active duty in the armed forces under 
honorable conditions. 
‘‘(D) ‘Persian Gulf veteran’ means an individual 
who served on active duty in the Armed Forces in the 
Southwest Asia theater of operations during the Per-
sian Gulf War for more than 180 consecutive days, 
any part of which occurred after August 2, 1990, and 
before the date prescribed by presidential proclama-
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tion or by law, and who was discharged or released 
from active duty in the armed forces under honorable 
conditions.’’; and 
(2) in paragraph (2) by striking ‘‘Vietnam-era 
veterans and disabled veterans’’ and inserting ‘‘Viet-
nam-era veterans, Persian Gulf veterans, Afghani-
stan-Iraq war veterans, disabled veterans, and small 
business concerns (as defined in section 3 of the Small 
Business Act (15 U.S.C. 632)) owned and controlled 
by disabled veterans’’. 
SEC. 141. STANDARDIZING CERTIFICATION OF DISADVAN-
TAGED BUSINESS ENTERPRISES. 
Section 47113 is amended by adding at the end the 
following: 
‘‘(e) 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) to provide stream-
lined training on certifying whether a small business 
concern qualifies as a small business concern owned 
and controlled by socially and economically disadvan-
taged individuals under this section and section 
47107(e). 
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‘‘(2) IMPLEMENTATION.—The training program 
may be implemented by one or more private entities 
approved by the Secretary. 
‘‘(3) PARTICIPANTS.—A person referred to in 
paragraph (1) is an official or agent of an airport 
sponsor— 
‘‘(A) who is required to provide a written 
assurance under this section or section 47107(e) 
that the airport owner or operator will meet the 
percentage goal of subsection (b) of this section 
or section 47107(e)(1), as the case may be; or 
‘‘(B) who is responsible for determining 
whether or not a small business concern qualifies 
as a small business concern owned and controlled 
by socially and economically disadvantaged in-
dividuals 
under 
this 
section 
or 
section 
47107(e).’’. 
SEC. 142. SPECIAL APPORTIONMENT RULES. 
(a) ELIGIBILITY TO RECEIVE PRIMARY AIRPORT MIN-
IMUM APPORTIONMENT AMOUNT.—Section 47114(d) is 
amended by adding at the end the following: 
‘‘(7) ELIGIBILITY TO RECEIVE PRIMARY AIRPORT 
MINIMUM
APPORTIONMENT
AMOUNT.—Notwith-
standing any other provision of this subsection, the 
Secretary may apportion to an airport sponsor in a 
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fiscal year an amount equal to the minimum appor-
tionment available under subsection (c)(1)(B) if the 
Secretary finds that the airport— 
‘‘(A) received scheduled or unscheduled air 
service from a large certificated air carrier (as 
defined in part 241 of title 14, Code of Federal 
Regulations, or such other regulations as may be 
issued by the Secretary under the authority of 
section 41709) in the calendar year used to cal-
culate the apportionment; and 
‘‘(B) had more than 10,000 passenger 
boardings in the calendar year used to calculate 
the apportionment.’’. 
(b) SPECIAL RULE
FOR FISCAL YEARS 2011 AND 
2012.—Section 47114(c)(1) is amended— 
(1) by striking subparagraphs (F) and (G); and 
(2) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2011 
AND 2012.—Notwithstanding subparagraph (A), 
for an airport that had more than 10,000 pas-
senger boardings and scheduled passenger air-
craft service in calendar year 2007, but in either 
calendar year 2009 or 2010, or in both years, the 
number of passenger boardings decreased to a 
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level below 10,000 boardings per year at such 
airport, the Secretary may apportion in each of 
fiscal years 2011 and 2012 to the sponsor of such 
airport an amount equal to the amount appor-
tioned to that sponsor in fiscal year 2009.’’. 
SEC. 143. APPORTIONMENTS. 
Chapter 471 is amended by striking ‘‘$3,200,000,000’’ 
and inserting ‘‘$3,000,000,000’’ in each of the following sec-
tions: 
(1) 47114(c)(1)(C). 
(2) 47114(c)(2)(C). 
(3) 47114(d)(3). 
(4) 47114(e)(4). 
(5) 47117(e)(1)(C). 
SEC. 144. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 
Section 47115(j) is amended by striking ‘‘fiscal years 
2004 through 2010, and for the portion of fiscal year 2011 
ending before April 1, 2011,’’ and inserting ‘‘fiscal years 
2010 through 2014,’’. 
SEC. 145. DESIGNATING CURRENT AND FORMER MILITARY 
AIRPORTS. 
(a) CONSIDERATIONS.—Section 47118(c) is amend-
ed— 
(1) in paragraph (1) by striking ‘‘or’’ after the 
semicolon; 
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(2) in paragraph (2) by striking ‘‘delays.’’ and 
inserting ‘‘delays; or’’; and 
(3) by adding at the end the following: 
‘‘(3) preserve or enhance minimum airfield in-
frastructure facilities at former military airports to 
support emergency diversionary operations for trans-
oceanic flights in locations— 
‘‘(A) within United States jurisdiction or 
control; and 
‘‘(B) where there is a demonstrable lack of 
diversionary airports within the distance or 
flight-time required by regulations governing 
transoceanic flights.’’. 
(b) DESIGNATION OF GENERAL AVIATION AIRPORTS.— 
Section 47118(g) is amended— 
(1) in the subsection heading by striking ‘‘AIR-
PORT’’ and inserting ‘‘AIRPORTS’’; and 
(2) by striking ‘‘one of the airports bearing a 
designation under subsection (a) may be a general 
aviation airport that was a former military installa-
tion’’ and inserting ‘‘3 of the airports bearing des-
ignations under subsection (a) may be general avia-
tion airports that were former military installations’’. 
(c) SAFETY-CRITICAL AIRPORTS.—Section 47118 is 
amended by adding at the end the following: 
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‘‘(h) SAFETY-CRITICAL AIRPORTS.—Notwithstanding 
any other provision of this chapter, a grant under section 
47117(e)(1)(B) may be made for a federally owned airport 
designated under subsection (a) if the grant is for a project 
that is— 
‘‘(1) to preserve or enhance minimum airfield 
infrastructure facilities described in subsection (c)(3); 
and 
‘‘(2) necessary to meet the minimum safety and 
emergency operational requirements established under 
part 139 of title 14, Code of Federal Regulations.’’. 
SEC. 146. CONTRACT TOWER PROGRAM. 
(a) COST-BENEFIT REQUIREMENT.—Section 47124(b) 
is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) CONTRACT TOWER PROGRAM.— 
‘‘(A) CONTINUATION AND EXTENSION.—The 
Secretary shall continue the low activity (Visual 
Flight Rules) Level I air traffic control tower 
contract program established under subsection 
(a) for towers existing on December 30, 1987, 
and shall extend the program to other low activ-
ity air traffic control towers for which a quali-
fied entity (as determined by the Secretary), a 
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State, or a subdivision of the State meeting the 
requirements set forth by the Secretary has re-
quested to participate in the program. 
‘‘(B) SPECIAL RULE.—If the Secretary de-
termines that a tower already operating under 
the program continued under this paragraph has 
a benefit-to-cost ratio of less than 1.0, the airport 
sponsor or State or local government having ju-
risdiction over the airport shall not be required 
to pay the portion of the costs that exceeds the 
benefit for a period of 18 months after such de-
termination is made. 
‘‘(C) USE OF EXCESS FUNDS.—If the Sec-
retary finds that all or part of an amount made 
available to carry out the program continued 
under this paragraph is not required during a 
fiscal year, the Secretary may use, during such 
fiscal year, the amount not so required to carry 
out the program established under paragraph 
(3).’’; and 
(2) by striking ‘‘(2) The Secretary’’ and insert-
ing the following: 
‘‘(2) GENERAL AUTHORITY.—The Secretary’’. 
(b) 
COSTS
EXCEEDING
BENEFITS.—Section 
47124(b)(3)(D) is amended— 
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(1) by striking ‘‘If the costs’’ and inserting the 
following: 
‘‘(i) COST SHARING.—If the costs’’; and 
(2) by adding at the end the following: 
‘‘(ii) MAXIMUM LOCAL COST SHARE.— 
The maximum allowable local cost share al-
located under clause (i) for an airport cer-
tified under part 139 of title 14, Code of 
Federal Regulations, with fewer than 50,000 
annual passenger enplanements shall be 
capped at 20 percent of the cost of operating 
an air traffic tower under the program. 
‘‘(iii) SUNSET.—Clause (ii) shall not 
be in effect after September 30, 2014.’’. 
(c) FUNDING; USE
OF
EXCESS
FUNDS.—Section 
47124(b)(3) is amended by striking subparagraph (E) and 
inserting the following: 
‘‘(E) FUNDING.—Of the amounts appro-
priated pursuant to section 106(k)(1), not more 
than $8,500,000 for each of fiscal years 2011 
through 2014 may be used to carry out this 
paragraph. 
‘‘(F) USE OF EXCESS FUNDS.—If the Sec-
retary finds that all or part of an amount made 
available under this paragraph is not required 
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during a fiscal year, the Secretary may use, dur-
ing such fiscal year, the amount not so required 
to carry out the program continued under para-
graph (1).’’. 
(d) FEDERAL
SHARE.—Section 47124(b)(4)(C) is 
amended 
by 
striking 
‘‘$1,500,000’’ 
and 
inserting 
‘‘$2,000,000’’. 
(e) SAFETY AUDITS.—Section 47124 is amended by 
adding at the end the following: 
‘‘(c) SAFETY AUDITS.—The Secretary shall establish 
uniform standards and requirements for regular safety as-
sessments of air traffic control towers that receive funding 
under this section.’’. 
SEC. 147. RESOLUTION OF DISPUTES CONCERNING AIR-
PORT FEES. 
(a) IN GENERAL.—Section 47129 is amended— 
(1) by striking the section heading and inserting 
the following: 
‘‘§ 47129. Resolution of disputes concerning airport 
fees’’; 
(2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 
after ‘‘CARRIER’’ in the heading for subsection (d); 
(3) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 
after ‘‘CARRIER’’ in the heading for subsection (d)(2); 
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(4) by striking ‘‘air carrier’’ each place it ap-
pears and inserting ‘‘air carrier or foreign air car-
rier’’; 
(5) by striking ‘‘air carrier’s’’ each place it ap-
pears and inserting ‘‘air carrier’s or foreign air car-
rier’s’’; 
(6) by striking ‘‘air carriers’’ and inserting ‘‘air 
carriers or foreign air carriers’’; and 
(7) by striking ‘‘(as defined in section 40102 of 
this title)’’ in subsection (a) and inserting ‘‘(as those 
terms are defined in section 40102)’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 471 is amended by striking the item relating to sec-
tion 47129 and inserting the following: 
‘‘47129. Resolution of disputes concerning airport fees.’’. 
SEC. 148. SALE OF PRIVATE AIRPORTS TO PUBLIC SPON-
SORS. 
(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, 
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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 sub-
chapter for any portion of the public sponsor’s 
acquisition of airport land; and 
‘‘(C) an amount equal to the remaining 
unamortized portion of any airport improvement 
grant made to that airport for purposes other 
than land acquisition, amortized over a 20-year 
period, plus an amount equal to the Federal 
share of the current fair market value of any 
land acquired with an airport improvement 
grant made to that airport on or after October 
1, 1996, is repaid to the Secretary by the private 
owner. 
‘‘(3) TREATMENT OF REPAYMENTS.—Repayments 
referred to in paragraph (2)(C) shall be treated as a 
recovery of prior year obligations.’’. 
(b) APPLICABILITY
TO GRANTS.—The amendments 
made by subsection (a) shall apply to grants issued on or 
after October 1, 1996. 
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SEC. 149. REPEAL OF CERTAIN LIMITATIONS ON METRO-
POLITAN WASHINGTON AIRPORTS AUTHOR-
ITY. 
Section 49108, and the item relating to section 49108 
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, 2010, and for the portion of fiscal year 2011 
ending before April 1, 2011,’’ and inserting ‘‘October 1, 
2014,’’. 
SEC. 151. 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)— 
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(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) CONSOLIDATION
OF TERMINAL DEVELOPMENT 
PROVISIONS.—Section 47119 is amended— 
(1) by redesignating subsections (a), (b), (c), and 
(d) as subsections (b), (c), (d), and (e), respectively; 
(2) by inserting before subsection (b) (as so re-
designated) the following: 
‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation may approve a project for terminal develop-
ment (including multimodal terminal development) 
in a nonrevenue-producing public-use area of a com-
mercial service airport— 
‘‘(A) if the sponsor certifies that the airport, 
on the date the grant application is submitted to 
the Secretary, has— 
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‘‘(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 
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.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 subsection (b)(4)(B) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘Sec-
retary of Transportation’’ and inserting ‘‘Secretary’’; 
(4) in subsections (b)(3) and (b)(4)(A) (as redes-
ignated by paragraph (1) of this subsection) by strik-
ing ‘‘section 47110(d)’’ and inserting ‘‘subsection 
(a)’’; 
(5) in subsection (b)(5) (as redesignated by para-
graph (1) of this subsection) by striking ‘‘subsection 
(b)(1) and (2)’’ and inserting ‘‘subsections (c)(1) and 
(c)(2)’’; 
(6) in subsections (c)(2)(A), (c)(3), and (c)(4) (as 
redesignated by paragraph (1) of this subsection) by 
striking ‘‘section 47110(d) of this title’’ and inserting 
‘‘subsection (a)’’; 
(7) in subsection (c)(2)(B) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘section 
47110(d)’’ and inserting ‘‘subsection (a)’’; 
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(8) in subsection (c)(5) (as redesignated by para-
graph (1) of this subsection) by striking ‘‘section 
47110(d)’’ and inserting ‘‘subsection (a)’’; and 
(9) by adding at the end the following: 
‘‘(f) LIMITATION
ON DISCRETIONARY FUNDS.—The 
Secretary may distribute not more than $20,000,000 from 
the discretionary fund established under section 47115 for 
terminal development projects at a nonhub airport or a 
small hub airport that is eligible to receive discretionary 
funds under section 47108(e)(3).’’. 
(c) ANNUAL REPORT.—Section 47131(a) is amended— 
(1) by striking ‘‘April 1’’ and inserting ‘‘June 
1’’; and 
(2) by striking paragraphs (1), (2), (3), and (4) 
and inserting the following: 
‘‘(1) a summary of airport development and 
planning completed; 
‘‘(2) a summary of individual grants issued; 
‘‘(3) an accounting of discretionary and appor-
tioned funds allocated; 
‘‘(4) the allocation of appropriations; and’’. 
(d) CORRECTION TO EMISSION CREDITS PROVISION.— 
Section 47139 is amended— 
(1) in subsection (a) by striking ‘‘47102(3)(F),’’; 
and 
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(2) in subsection (b)— 
(A) by striking ‘‘47102(3)(F),’’; and 
(B) by striking ‘‘47103(3)(F),’’. 
(e) CONFORMING AMENDMENT TO CIVIL PENALTY AS-
SESSMENT AUTHORITY.—Section 46301(d)(2) is amended 
by inserting ‘‘46319,’’ after ‘‘46318,’’. 
(f) OTHER CONFORMING AMENDMENTS.— 
(1) Section 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)’’. 
(g) 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))’’. 
(h) DEFINITIONS.— 
(1) CONGESTED AIRPORT.—Section 47175(2) is 
amended by striking ‘‘2001’’ and inserting ‘‘2004 or 
any successor report’’. 
(2) JOINT
USE
AIRPORT.—Section 47175 is 
amended by adding at the end the following: 
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‘‘(7) JOINT USE AIRPORT.—The term ‘joint use 
airport’ means an airport owned by the Department 
of Defense, at which both military and civilian air-
craft make shared use of the airfield.’’. 
SEC. 152. EXTENSION OF GRANT AUTHORITY FOR COMPAT-
IBLE LAND USE PLANNING AND PROJECTS BY 
STATE AND LOCAL GOVERNMENTS. 
Section 47141(f) is amended by striking ‘‘March 31, 
2011’’ and inserting ‘‘September 30, 2014’’. 
SEC. 153. PRIORITY REVIEW OF CONSTRUCTION PROJECTS 
IN COLD WEATHER STATES. 
The Administrator of the Federal Aviation Adminis-
tration, to the extent practicable, shall schedule the Admin-
istrator’s review of construction projects so that projects to 
be carried out in States in which the weather during a typ-
ical calendar year prevents major construction projects 
from being carried out before May 1 are reviewed as early 
as possible. 
SEC. 154. STUDY ON NATIONAL PLAN OF INTEGRATED AIR-
PORT SYSTEMS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall begin a study to evaluate the formulation of 
the national plan of integrated airport systems (in this sec-
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tion referred to as the ‘‘plan’’) under section 47103 of title 
49, United States Code. 
(b) CONTENTS OF STUDY.—The study shall include a 
review of the following: 
(1) The criteria used for including airports in 
the plan and the application of such criteria in the 
most recently published version of the plan. 
(2) The changes in airport capital needs as 
shown in the 2005–2009 and 2007–2011 plans, com-
pared with the amounts apportioned or otherwise 
made available to individual airports between 2005 
and 2010. 
(3) A comparison of the amounts received by air-
ports under the airport improvement program in air-
port apportionments, State apportionments, and dis-
cretionary grants during such fiscal years with cap-
ital needs as reported in the plan. 
(4) The effect of transfers of airport apportion-
ments under title 49, United States Code. 
(5) An analysis on the feasibility and advis-
ability of apportioning amounts under section 
47114(c)(1) of title 49, United States Code, to the 
sponsor of each primary airport for each fiscal year 
an amount that bears the same ratio to the amount 
subject to the apportionment for fiscal year 2009 as 
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the number of passenger boardings at the airport dur-
ing the prior calendar year bears to the aggregate of 
all passenger boardings at all primary airports dur-
ing that calendar year. 
(6) A documentation and review of the methods 
used by airports to reach the 10,000 passenger 
enplanement threshold, including whether such air-
ports subsidize commercial flights to reach such 
threshold, at every airport in the United States that 
reported between 10,000 and 15,000 passenger 
enplanements during each of the 2 most recent cal-
endar years for which such data is available. 
(7) Any other matters pertaining to the plan 
that the Secretary determines appropriate. 
(c) REPORT TO CONGRESS.— 
(1) SUBMISSION.—Not later than 36 months 
after the date that the Secretary begins the study 
under this section, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate 
a report on the results of the study. 
(2) CONTENTS.—The report shall include— 
(A) the findings of the Secretary on each of 
the issues described in subsection (b); 
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(B) recommendations for any changes to 
policies and procedures for formulating the plan; 
and 
(C) recommendations for any changes to the 
methods of determining the amounts to be appor-
tioned or otherwise made available to individual 
airports. 
SEC. 155. TRANSFERS OF TERMINAL AREA AIR NAVIGATION 
EQUIPMENT TO AIRPORT SPONSORS. 
(a) IN GENERAL.—Chapter 445 is amended by adding 
at the end the following: 
‘‘§ 44518. Transfers of terminal area air navigation 
equipment to airport sponsors 
‘‘(a) IN GENERAL.—Subject to the requirements of this 
section, the Administrator of the Federal Aviation Adminis-
trator may carry out a pilot program under which the Ad-
ministrator may transfer ownership, operating, and main-
tenance responsibilities for terminal area air navigation 
equipment at an airport to the airport sponsor. 
‘‘(b) PARTICIPATION.—The Administrator may select 
the sponsors of not more than 3 nonhub airports, 3 small 
hub airports, 3 medium hub airports, and 1 large hub air-
port to participate in the pilot program. 
‘‘(c) TERMS AND CONDITIONS OF TRANSFER FOR AIR-
PORT SPONSORS.—As a condition of participating in the 
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pilot program, the airport sponsor shall provide assurances 
satisfactory to the Administrator that the sponsor will— 
‘‘(1) operate and maintain the terminal area air 
navigation equipment transferred to the sponsor 
under this section in accordance with standards to be 
established by the Administrator; 
‘‘(2) permit the Administrator (or a person des-
ignated by the Administrator) to conduct inspections 
of such terminal area air navigation equipment 
under a schedule established by the Administrator; 
and 
‘‘(3) acquire and maintain new terminal area 
air navigation equipment at the airport as needed to 
replace equipment at the end of its useful life or to 
meet new standards established by the Administrator. 
‘‘(d) TERMS AND CONDITIONS OF TRANSFER FOR AD-
MINISTRATOR.—When the Administrator approves an air-
port sponsor’s participation in the pilot program, the Ad-
ministrator shall transfer, at no cost to the sponsor, all 
rights, title, and interests of the United States in and to 
the terminal area air navigation equipment to be trans-
ferred to the sponsor under the program, including the real 
property on which the equipment is located. 
‘‘(e) TREATMENT OF AIRPORT COSTS.—Any costs in-
curred by an airport sponsor for ownership and mainte-
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nance of terminal area air navigation equipment trans-
ferred under this section shall be considered a cost of pro-
viding airfield facilities and services under standards and 
guidelines issued by the Secretary of Transportation under 
section 47129(b)(2) and may be recovered in rates and 
charges assessed for use of the airport’s airfield. 
‘‘(f) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) SPONSOR.—The term ‘sponsor’ has the 
meaning given that term in section 47102. 
‘‘(2) TERMINAL
AREA
AIR
NAVIGATION
EQUIP-
MENT.—The term ‘terminal area air navigation 
equipment’ means an air navigation facility as de-
fined in section 40102 that exists to provide approach 
and landing guidance to aircraft, but does not include 
buildings used for air traffic control functions. 
‘‘(g) GUIDELINES.—The Administrator shall issue 
guidelines on the implementation of the program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
445 is amended by adding at the end the following: 
‘‘44518. Transfers of terminal area air navigation equipment to airport spon-
sors.’’. 
SEC. 156. AIRPORT PRIVATIZATION PROGRAM. 
(a) APPROVAL OF APPLICATIONS.—Section 47134(b) is 
amended— 
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(1) in the matter preceding paragraph (1) by 
striking ‘‘5 airports’’ and inserting ‘‘10 airports’’; 
and 
(2) paragraph (1)— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) IN
GENERAL.—The Secretary may 
grant an exemption to an airport sponsor from 
the requirements of sections 47107(b) and 47133 
(and any other law, regulation, or grant assur-
ance) to the extent necessary to permit the spon-
sor to recover from the sale or lease of the airport 
such amount as may be approved by the Sec-
retary after the sponsor has consulted— 
‘‘(i) in the case of a primary airport, 
with each air carrier and foreign air car-
rier serving the airport, as determined by 
the Secretary; and 
‘‘(ii) in the case of a nonprimary air-
port, with at least 65 percent of the owners 
of aircraft based at that airport, as deter-
mined by the Secretary.’’; and 
(B) by striking subparagraph (C). 
(b) TERMS
AND CONDITIONS.—Section 47134(c) is 
amended— 
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(1) by striking paragraphs (4), (5), and (9); 
(2) by redesignating paragraphs (6), (7), and (8) 
as paragraphs (4), (5), and (6), respectively; and 
(3) by adding at the end the following: 
‘‘(7) A fee imposed by the airport on an air car-
rier or foreign air carrier may not include any por-
tion for a return on investment or recovery of prin-
cipal with respect to consideration paid to a public 
agency for the lease or sale of the airport unless that 
portion of the fee is approved by the air carrier or 
foreign air carrier.’’. 
(c) PARTICIPATION OF CERTAIN AIRPORTS.—Section 
47134 is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsections (e) through (m) 
as subsections (d) through (l), respectively. 
(d) APPLICABILITY.—The amendments made by this 
section shall apply with respect to an exemption issued to 
an airport under section 47134 of title 49, United States 
Code, before, on, or after the date of enactment of this Act. 
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TITLE II—NEXTGEN AIR TRANS-
PORTATION SYSTEM AND AIR 
TRAFFIC 
CONTROL 
MOD-
ERNIZATION 
SEC. 201. DEFINITIONS. 
In this title, the following definitions apply: 
(1) NEXTGEN.—The term ‘‘NextGen’’ means the 
Next Generation Air Transportation System. 
(2) ADS–B.—The term ‘‘ADS–B’’ means auto-
matic dependent surveillance-broadcast. 
(3) ADS–B OUT.—The term ‘‘ADS–B Out’’ 
means automatic dependent surveillance-broadcast 
with the ability to transmit information from the air-
craft to ground stations and to other equipped air-
craft. 
(4) ADS–B IN.—The term ‘‘ADS–B In’’ means 
automatic dependent surveillance-broadcast with the 
ability to transmit information from the aircraft to 
ground stations and to other equipped aircraft as well 
as the ability of the aircraft to receive information 
from other transmitting aircraft and the ground in-
frastructure. 
(5) RNAV.—The term ‘‘RNAV’’ means area 
navigation. 
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(6) RNP.—The term ‘‘RNP’’ means required 
navigation performance. 
SEC. 202. NEXTGEN DEMONSTRATIONS AND CONCEPTS. 
In allocating amounts appropriated pursuant to sec-
tion 48101(a) of title 49, United States Code, the Secretary 
of Transportation shall give priority to the following 
NextGen activities: 
(1) NextGen demonstrations and infrastructure. 
(2) NextGen trajectory-based operations. 
(3) NextGen reduced weather impact. 
(4) NextGen high-density arrivals/departures. 
(5) NextGen collaborative air traffic manage-
ment. 
(6) NextGen flexible terminals and airports. 
(7) NextGen safety, security, and environmental 
reviews. 
(8) NextGen networked facilities. 
(9) The Center for Advanced Aviation System 
Development. 
(10) NextGen system development. 
(11) Data communications system implementa-
tion. 
(12) ADS–B infrastructure deployment and 
operational implementation. 
(13) Systemwide information management. 
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(14) NextGen facility consolidation and realign-
ment. 
(15) En route automation modernization. 
(16) National airspace system voice switch. 
(17) NextGen network enabled weather. 
SEC. 203. 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. 204. CHIEF NEXTGEN OFFICER. 
Section 106 is amended by adding at the end the fol-
lowing: 
‘‘(s) CHIEF NEXTGEN OFFICER.— 
‘‘(1) IN GENERAL.— 
‘‘(A) APPOINTMENT.—There shall be a Chief 
NextGen Officer appointed by the Administrator. 
The Chief NextGen Officer shall report directly 
to the Administrator and shall be subject to the 
authority of the Administrator. 
‘‘(B) QUALIFICATIONS.—The Chief NextGen 
Officer shall have a demonstrated ability in 
management and knowledge of or experience in 
aviation and systems engineering. 
‘‘(C) TERM.—The Chief NextGen Officer 
shall be appointed for a term of 5 years. 
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‘‘(D) REMOVAL.—The Chief NextGen Officer 
shall serve at the pleasure of the Administrator, 
except that the Administrator shall make every 
effort to ensure stability and continuity in the 
leadership of the implementation of NextGen. 
‘‘(E) VACANCY.—Any individual appointed 
to fill a vacancy in the position of Chief NextGen 
Officer occurring before the expiration of the 
term for which the individual’s predecessor was 
appointed shall be appointed for the remainder 
of that term. 
‘‘(2) COMPENSATION.— 
‘‘(A) IN GENERAL.—The Chief NextGen Of-
ficer shall be paid at an annual rate of basic 
pay to be determined by the Administrator. The 
annual rate may not exceed the annual com-
pensation paid under section 102 of title 3. The 
Chief NextGen Officer shall be subject to the 
postemployment provisions of section 207 of title 
18 as if the position of Chief NextGen Officer 
were described in section 207(c)(2)(A)(i) of that 
title. 
‘‘(B) BONUS.—In addition to the annual 
rate of basic pay authorized by subparagraph 
(A), the Chief NextGen Officer may receive a 
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bonus for any calendar year not to exceed 30 
percent of the annual rate of basic pay, based 
upon the Administrator’s evaluation of the Chief 
NextGen Officer’s performance in relation to the 
performance goals set forth in the performance 
agreement described in paragraph (3). 
‘‘(3) ANNUAL PERFORMANCE AGREEMENT.—The 
Administrator and the Chief NextGen Officer, in con-
sultation with the Federal Aviation Management Ad-
visory Council, shall enter into an annual perform-
ance agreement that sets forth measurable organiza-
tion and individual goals for the Chief NextGen Offi-
cer in key operational areas. The agreement shall be 
subject to review and renegotiation on an annual 
basis. 
‘‘(4) 
ANNUAL
PERFORMANCE
REPORT.—The 
Chief NextGen Officer shall prepare and transmit to 
the Secretary of Transportation, the Committee on 
Transportation and Infrastructure of the House of 
Representatives, the Committee on Science and Tech-
nology of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate an annual management report containing 
such information as may be prescribed by the Sec-
retary. 
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‘‘(5) RESPONSIBILITIES.—The responsibilities of 
the Chief NextGen Officer include the following: 
‘‘(A) Implementing NextGen activities and 
budgets across all program offices of the Federal 
Aviation Administration. 
‘‘(B) Coordinating the implementation of 
NextGen activities with the Office of Manage-
ment and Budget. 
‘‘(C) Reviewing and providing advice on the 
Administration’s modernization programs, budg-
et, and cost accounting system with respect to 
NextGen. 
‘‘(D) With respect to the budget of the Ad-
ministration— 
‘‘(i) developing a budget request of the 
Administration related to the implementa-
tion of NextGen; 
‘‘(ii) submitting such budget request to 
the Administrator; and 
‘‘(iii) ensuring that the budget request 
supports the annual and long-range stra-
tegic plans of the Administration with re-
spect to NextGen. 
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‘‘(E) Consulting with the Administrator on 
the Capital Investment Plan of the Administra-
tion prior to its submission to Congress. 
‘‘(F) Developing an annual NextGen imple-
mentation plan. 
‘‘(G) Ensuring that NextGen implementa-
tion activities are planned in such a manner as 
to require that system architecture is designed to 
allow for the incorporation of novel and cur-
rently unknown technologies into NextGen in the 
future and that current decisions do not bias fu-
ture decisions unfairly in favor of existing tech-
nology at the expense of innovation. 
‘‘(H) Coordinating with the NextGen Joint 
Planning and Development Office with respect to 
facilitating cooperation among all Federal agen-
cies whose operations and interests are affected 
by the implementation of NextGen. 
‘‘(6) EXCEPTION.—If the Administrator appoints 
as the Chief NextGen Officer, pursuant to paragraph 
(1)(A), an Executive Schedule employee covered by 
section 5315 of title 5, then paragraphs (1)(B), 
(1)(C), (2), and (3) of this subsection shall not apply 
to such employee. 
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‘‘(7) NEXTGEN DEFINED.—For purposes of this 
subsection, the term ‘NextGen’ means the Next Gen-
eration Air Transportation System.’’. 
SEC. 205. 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) apparatus, equipment, software, or 
service for distributing aeronautical and mete-
orological information to air traffic control fa-
cilities 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: 
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‘‘(F) buildings, equipment, and systems 
dedicated to the national airspace system.’’. 
SEC. 206. CLARIFICATION TO ACQUISITION REFORM AU-
THORITY. 
Section 40110(c) is amended— 
(1) by inserting ‘‘and’’ after the semicolon in 
paragraph (3); 
(2) by striking paragraph (4); and 
(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 207. ASSISTANCE TO FOREIGN AVIATION AUTHORI-
TIES. 
Section 40113(e) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘(whether public or pri-
vate)’’ after ‘‘authorities’’; and 
(B) by striking ‘‘safety.’’ and inserting 
‘‘safety or efficiency. The Administrator is au-
thorized to participate in, and submit offers in 
response to, competitions to provide these serv-
ices, and to contract with foreign aviation au-
thorities to provide these services consistent with 
section 106(l)(6).’’; 
(2) in paragraph (2) by adding at the end the 
following: ‘‘The Administrator is authorized, notwith-
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standing any other provision of law or policy, to ac-
cept payments for services provided under this sub-
section in arrears.’’; and 
(3) by striking paragraph (3) and inserting the 
following: 
‘‘(3) CREDITING
APPROPRIATIONS.—Funds re-
ceived by the Administrator pursuant to this section 
shall— 
‘‘(A) be credited to the appropriation cur-
rent when the amount is received; 
‘‘(B) be merged with and available for the 
purposes of such appropriation; and 
‘‘(C) remain available until expended.’’. 
SEC. 208. NEXT GENERATION AIR TRANSPORTATION SYS-
TEM JOINT PLANNING AND DEVELOPMENT 
OFFICE. 
(a) REDESIGNATION OF JPDO DIRECTOR TO ASSO-
CIATE ADMINISTRATOR.— 
(1) ASSOCIATE ADMINISTRATOR FOR NEXT GEN-
ERATION
AIR
TRANSPORTATION
SYSTEM
PLANNING, 
DEVELOPMENT, AND INTERAGENCY COORDINATION.— 
Section 709(a) of the Vision 100—Century of Avia-
tion Reauthorization Act (49 U.S.C. 40101 note; 117 
Stat. 2582) is amended— 
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(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 head of the Office shall be the Associate Ad-
ministrator for Next Generation Air Transportation Sys-
tem Planning, Development, and Interagency Coordination, 
who shall be appointed by the Administrator of the Federal 
Aviation Administration. The Administrator shall appoint 
the Associate Administrator after consulting with the 
Chairman of the Next Generation Senior Policy Committee 
and providing advanced notice to the other members of that 
Committee.’’. 
(2) RESPONSIBILITIES.—Section 709(a)(3) of 
such Act (as redesignated by paragraph (1) of this 
subsection) is amended— 
(A) in subparagraph (G) by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (H) by striking the 
period at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(I) establishing specific quantitative goals 
for the safety, capacity, efficiency, performance, 
and environmental impacts of each phase of Next 
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Generation Air Transportation System planning 
and development activities and measuring actual 
operational experience against those goals, taking 
into account noise pollution reduction concerns 
of affected communities to the extent practicable 
in establishing the environmental goals; 
‘‘(J) working to ensure global 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 and 
in consultation with the Chief NextGen Officer, 
the selection of products or outcomes of research 
and development activities that should be moved 
to a demonstration phase; and 
‘‘(M) maintaining a baseline modeling and 
simulation environment for testing and evalu-
ating alternative concepts to satisfy Next Gen-
eration Air Transportation System enterprise 
architecture requirements.’’. 
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(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 
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‘‘(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— 
‘‘(i) ensure that the responsibilities of the agency 
relating to the Next Generation Air Transportation 
System are clearly communicated to the senior offi-
cial of the agency designated under subparagraph 
(B); 
‘‘(ii) ensure that the performance of the senior of-
ficial in carrying out the responsibilities of the agen-
cy relating to the Next Generation Air Transpor-
tation System is reflected in the official’s annual per-
formance evaluations and compensation; 
‘‘(iii) establish or designate an office within the 
agency to carry out its responsibilities under the 
memorandum of understanding under the supervision 
of the designated official; and 
‘‘(iv) ensure that the designated official has suffi-
cient budgetary authority and staff resources to carry 
out the agency’s Next Generation Air Transportation 
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System responsibilities as set forth in the integrated 
plan under subsection (b). 
‘‘(D) 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 of the Office of Management and 
Budget, to the 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 
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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; 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 Planning, Development, 
and Interagency Coordination shall be a voting member of 
the Joint Resources Council of the Federal Aviation Admin-
istration.’’. 
(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 
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(B) by striking ‘‘beyond those currently in-
cluded in the Federal Aviation Administration’s 
operational evolution plan’’; 
(2) at the end of paragraph (3) by striking 
‘‘and’’; 
(3) at the end of paragraph (4) by striking the 
period and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(5) a multiagency integrated work plan for the 
Next Generation Air Transportation System that 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 
other milestones of progress for each Federal 
agency or entity conducting activities relating to 
the Next Generation Air Transportation System; 
‘‘(C) for each element of the Next Genera-
tion Air Transportation System, an outline, on 
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a year-by-year basis, of what is to be accom-
plished in that year toward meeting the Next 
Generation Air Transportation System’s end- 
state architecture, as expressed in the concept of 
operations and enterprise architecture docu-
ments, as well as identifying each Federal agen-
cy or other entity that will be responsible for 
each component of any research, development, or 
implementation program; 
‘‘(D) an estimate of all necessary expendi-
tures on a year-by-year basis, including a state-
ment of each Federal agency or entity’s responsi-
bility for costs and available resources, for each 
stage of development from the basic research 
stage through the demonstration and implemen-
tation phase; 
‘‘(E) a clear explanation of how each step 
in the development of the Next Generation Air 
Transportation System will lead to the following 
step and of the implications of not successfully 
completing a step in the time period described in 
the integrated work plan; 
‘‘(F) a transition plan for the implementa-
tion of the Next Generation Air Transportation 
System that includes date-specific milestones for 
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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 shall develop and publish annually the document 
known as the NextGen Implementation Plan, or any suc-
cessor document, that provides a detailed description of how 
the agency is implementing the Next Generation Air Trans-
portation System.’’. 
(d) CONTINGENCY PLANNING.—The Associate Admin-
istrator for the Next Generation Air Transportation System 
Planning, Development, and Interagency Coordination 
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. 
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SEC. 209. NEXT GENERATION AIR TRANSPORTATION SEN-
IOR POLICY COMMITTEE. 
(a) MEETINGS.—Section 710(a) of the Vision 100— 
Century of Aviation Reauthorization Act (49 U.S.C. 40101 
note; 117 Stat. 2584) is amended by inserting before the 
period at the end the following ‘‘and shall meet at least 
twice each year’’. 
(b) ANNUAL REPORT.—Section 710 of such Act (117 
Stat. 2584) is amended by adding at the end the following: 
‘‘(e) ANNUAL REPORT.— 
‘‘(1) SUBMISSION TO CONGRESS.—Not later than 
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 Congress a report summarizing 
the progress made in carrying out the integrated work 
plan required by section 709(b)(5) and any changes 
in that plan. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a copy of the updated integrated work 
plan; 
‘‘(B) a description of the progress made in 
carrying out the integrated work plan and any 
changes in that plan, including any changes 
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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. 210. IMPROVED MANAGEMENT OF PROPERTY INVEN-
TORY. 
Section 40110(a) is amended by striking paragraphs 
(2) and (3) and inserting the following: 
‘‘(2) may construct and improve laboratories 
and other test facilities; and 
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‘‘(3) may dispose of any interest in property for 
adequate compensation, and the amount so received 
shall— 
‘‘(A) be credited to the appropriation cur-
rent when the amount is received; 
‘‘(B) be merged with and available for the 
purposes of such appropriation; and 
‘‘(C) remain available until expended.’’. 
SEC. 211. AUTOMATIC DEPENDENT SURVEILLANCE-BROAD-
CAST SERVICES. 
(a) REVIEW BY DOT INSPECTOR GENERAL.— 
(1) IN GENERAL.—The Inspector General of the 
Department of Transportation shall conduct a review 
concerning the Federal Aviation Administration’s 
award and oversight of any contracts entered into by 
the Administration to provide ADS–B services for the 
national airspace system. 
(2) CONTENTS.—The review shall include, at a 
minimum— 
(A) an examination of how the Administra-
tion manages program risks; 
(B) an assessment of expected benefits at-
tributable to the deployment of ADS–B services, 
including the Administration’s plans for imple-
mentation of advanced operational procedures 
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101 
survey and assessment of leases for critical Adminis-
tration facility sites, including— 
(A) an inventory of the leases that describes, 
for each such lease— 
(i) the periodic cost, location, site, 
terms, number of years remaining, and les-
sor; 
(ii) other Administration facilities that 
share the leasehold, including surveillance 
and communications equipment; and 
(iii) the type of transmission services 
supported, including the terms of service, 
cost, and support contract obligations for 
the services; and 
(B) a list of those leases for facilities located 
in or near areas suitable for the construction 
and operation of wind farms, as determined by 
the Administrator in consultation with the Sec-
retary of Energy. 
(2) MEMORANDUM
OF
UNDERSTANDING.—The 
Administrator and the Secretary of Energy shall 
enter into a memorandum of understanding regard-
ing the use and distribution of the list referred to in 
paragraph (1)(B), including considerations of privacy 
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