In the Senate of the United States, 
April 7 (legislative day, April 5), 2011. 
Resolved, That the bill from the House of Representa-
tives (H.R. 658) entitled ‘‘An Act 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 fund-
ing for the national aviation system, and for other pur-
poses.’’, do pass with the following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘FAA Air Transportation Modernization and Safety Im-
provement Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendments to title 49, United States Code. 
Sec. 3. Effective date.
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TITLE I—AUTHORIZATIONS 
Sec. 101. Operations. 
Sec. 102. Air navigation facilities and equipment. 
Sec. 103. Research and development. 
Sec. 104. Airport planning and development and noise compatibility planning 
and programs. 
Sec. 105. Other aviation programs. 
Sec. 106. Delineation of Next Generation Air Transportation System projects. 
Sec. 107. Funding for administrative expenses for airport programs. 
TITLE II—AIRPORT IMPROVEMENTS 
Sec. 201. Reform of passenger facility charge authority. 
Sec. 202. Passenger facility charge pilot program. 
Sec. 203. Amendments to grant assurances. 
Sec. 204. Government share of project costs. 
Sec. 205. Amendments to allowable costs. 
Sec. 206. Sale of private airport to public sponsor. 
Sec. 207. Government share of certain air project costs. 
Sec. 207(b). Prohibition on use of passenger facility charges to construct bicycle 
storage facilities. 
Sec. 208. Miscellaneous amendments. 
Sec. 209. State block grant program. 
Sec. 210. Airport funding of special studies or reviews. 
Sec. 211. Grant eligibility for assessment of flight procedures. 
Sec. 212. Safety-critical airports. 
Sec. 213. Environmental mitigation demonstration pilot program. 
Sec. 214. Allowable project costs. 
Sec. 215. Glycol recovery vehicles. 
Sec. 216. Research improvement for aircraft. 
Sec. 217. United States Territory minimum guarantee. 
Sec. 218. Merrill Field Airport, Anchorage, Alaska. 
Sec. 219. Release from restrictions. 
Sec. 220. Designation of former military airports. 
Sec. 221. Airport sustainability planning working group. 
Sec. 222. Inclusion of measures to improve the efficiency of airport buildings in 
airport improvement projects. 
Sec. 223. Study on apportioning amounts for airport improvement in proportion 
to amounts of air traffic. 
Sec. 224. Use of mineral revenue at certain airports. 
TITLE III—AIR TRAFFIC CONTROL MODERNIZATION AND FAA 
REFORM 
Sec. 301. Air Traffic Control Modernization Oversight Board. 
Sec. 302. NextGen management. 
Sec. 303. Facilitation of next generation air traffic services. 
Sec. 304. Clarification of authority to enter into reimbursable agreements. 
Sec. 305. Clarification to acquisition reform authority. 
Sec. 306. Assistance to other aviation authorities. 
Sec. 307. Presidential rank award program. 
Sec. 308. Next generation facilities needs assessment. 
Sec. 309. Next generation air transportation system implementation office. 
Sec. 310. Definition of air navigation facility. 
Sec. 311. Improved management of property inventory.
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Sec. 312. Educational requirements. 
Sec. 313. FAA personnel management system. 
Sec. 314. Acceleration of NextGen technologies. 
Sec. 315. ADS–B development and implementation. 
Sec. 316. Equipage incentives. 
Sec. 317. Performance metrics. 
Sec. 318. Certification standards and resources. 
Sec. 319. Report on funding for NextGen technology. 
Sec. 320. Unmanned aerial systems. 
Sec. 321. Surface Systems Program Office. 
Sec. 322. Stakeholder coordination. 
Sec. 323. FAA task force on air traffic control facility conditions. 
Sec. 324. State ADS–B equipage bank pilot program. 
Sec. 325. Implementation of Inspector General ATC recommendations. 
Sec. 326. Semiannual report on status of Greener Skies project. 
Sec. 327. Definitions. 
Sec. 328. Financial incentives for Nextgen Equipage. 
TITLE IV—AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE 
IMPROVEMENTS 
SUBTITLE A—CONSUMER PROTECTION 
Sec. 401. Airline customer service commitment. 
Sec. 402. Publication of customer service data and flight delay history. 
Sec. 403. Expansion of DOT airline consumer complaint investigations. 
Sec. 404. Establishment of advisory committee for aviation consumer protection. 
Sec. 405. Disclosure of passenger fees. 
Sec. 406. Disclosure of air carriers operating flights for tickets sold for air trans-
portation. 
Sec. 407. Notification requirements with respect to the sale of airline tickets. 
Sec. 408. Disclosure of seat dimensions to facilitate the use of child safety seats 
on aircraft. 
SUBTITLE B—ESSENTIAL AIR SERVICE; SMALL COMMUNITIES 
Sec. 411. EAS connectivity program. 
Sec. 412. Extension of final order establishing mileage adjustment eligibility. 
Sec. 413. EAS contract guidelines. 
Sec. 414. Conversion of former EAS airports. 
Sec. 415. EAS reform. 
Sec. 416. Small community air service. 
Sec. 417. EAS marketing. 
Sec. 418. Rural aviation improvement. 
Sec. 419. Repeal of essential air service local participation program. 
Sec. 420. Limitation on essential air service to locations that are 90 or more 
miles away from the nearest medium or large hub airport. 
Sec. 421. Limitation on essential air service to locations that average 10 or more 
enplanements per day. 
SUBTITLE C—MISCELLANEOUS 
Sec. 431. Clarification of air carrier fee disputes. 
Sec. 432. Contract tower program. 
Sec. 433. Airfares for members of the Armed Forces.
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Sec. 434. Authorization of use of certain lands in the Las Vegas McCarran Inter-
national Airport Environs Overlay District for transient lodging 
and associated facilities. 
TITLE V—SAFETY 
SUBTITLE A—AVIATION SAFETY 
Sec. 501. Runway safety equipment plan. 
Sec. 502. Judicial review of denial of airman certificates. 
Sec. 503. Release of data relating to abandoned type certificates and supple-
mental type certificates. 
Sec. 504. Design organization certificates. 
Sec. 505. FAA access to criminal history records or database systems. 
Sec. 506. Pilot fatigue. 
Sec. 507. Increasing safety for helicopter and fixed wing emergency medical serv-
ice operators and patients. 
Sec. 508. Cabin crew communication. 
Sec. 509. Clarification of memorandum of understanding with OSHA. 
Sec. 510. Acceleration of development and implementation of required navigation 
performance approach procedures. 
Sec. 511. Improved safety information. 
Sec. 512. Voluntary disclosure reporting process improvements. 
Sec. 513. Procedural improvements for inspections. 
Sec. 514. Independent review of safety issues. 
Sec. 515. National review team. 
Sec. 516. FAA Academy improvements. 
Sec. 517. Reduction of runway incursions and operational errors. 
Sec. 518. Aviation safety whistleblower investigation office. 
Sec. 519. Modification of customer service initiative. 
Sec. 520. Headquarters review of air transportation oversight system database. 
Sec. 521. Inspection of foreign repair stations. 
Sec. 522. Non-certificated maintenance providers. 
Sec. 523. Use of explosive pest control devices. 
SUBTITLE B—FLIGHT SAFETY 
Sec. 551. FAA pilot records database. 
Sec. 552. Air carrier safety management systems. 
Sec. 553. Secretary of Transportation responses to safety recommendations. 
Sec. 554. Improved Flight Operational Quality Assurance, Aviation Safety Ac-
tion, and Line Operational Safety Audit programs. 
Sec. 555. Re-evaluation of flight crew training, testing, and certification require-
ments. 
Sec. 556. Flightcrew member mentoring, professional development, and leader-
ship. 
Sec. 557. Flightcrew member screening and qualifications. 
Sec. 558. Prohibition on personal use of certain devices on flight deck. 
Sec. 559. Safety inspections of regional air carriers. 
Sec. 560. Establishment of safety standards with respect to the training, hiring, 
and operation of aircraft by pilots. 
Sec. 561. Oversight of pilot training schools. 
Sec. 562. Enhanced training for flight attendants and gate agents. 
Sec. 563. Definitions. 
Sec. 564. Study of air quality in aircraft cabins.
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TITLE VI—AVIATION RESEARCH 
Sec. 601. Airport cooperative research program. 
Sec. 602. Reduction of noise, emissions, and energy consumption from civilian 
aircraft. 
Sec. 603. Production of alternative fuel technology for civilian aircraft. 
Sec. 604. Production of clean coal fuel technology for civilian aircraft. 
Sec. 605. Research program to improve airfield pavements. 
Sec. 606. Wake turbulence, volcanic ash, and weather research. 
Sec. 607. Incorporation of unmanned aircraft systems into FAA plans and poli-
cies. 
Sec. 608. Reauthorization of center of excellence in applied research and training 
in the use of advanced materials in transport aircraft. 
Sec. 609. Pilot program for zero emission airport vehicles. 
Sec. 610. Reduction of emissions from airport power sources. 
Sec. 611. Siting of windfarms near FAA navigational aides and other assets. 
Sec. 612. Research and development for equipment to clean and monitor the en-
gine and APU bleed air supplied on pressurized aircraft. 
TITLE VII—MISCELLANEOUS 
Sec. 701. General authority. 
Sec. 702. Human intervention management study. 
Sec. 703. Airport program modifications. 
Sec. 704. Miscellaneous program extensions. 
Sec. 705. Extension of competitive access reports. 
Sec. 706. Update on overflights. 
Sec. 707. Technical corrections. 
Sec. 708. FAA technical training and staffing. 
Sec. 709. Commercial air tour operators in national parks. 
Sec. 710. Phaseout of Stage 1 and 2 aircraft. 
Sec. 711. Weight restrictions at Teterboro Airport. 
Sec. 712. Pilot program for redevelopment of airport properties. 
Sec. 713. Transporting musical instruments. 
Sec. 714. Recycling plans for airports. 
Sec. 715. Disadvantaged Business Enterprise Program adjustments. 
Sec. 716. Front line manager staffing. 
Sec. 717. Study of helicopter and fixed wing air ambulance services. 
Sec. 718. Repeal of certain limitations on Metropolitan Washington Airports Au-
thority. 
Sec. 719. Study of aeronautical mobile telemetry. 
Sec. 720. Flightcrew member pairing and crew resource management techniques. 
Sec. 721. Consolidation or elimination of obsolete, redundant, or otherwise unnec-
essary reports; use of electronic media format. 
Sec. 722. Line check evaluations. 
Sec. 723. Report on Newark Liberty Airport air traffic control tower. 
Sec. 724. Priority review of construction projects in cold weather States. 
Sec. 725. Air-rail codeshare study. 
Sec. 726. On-going monitoring of and report on the New York/New Jersey/Phila-
delphia Metropolitan Area Airspace Redesign. 
Sec. 727. Study on aviation fuel prices. 
Sec. 728. Land conveyance for Southern Nevada Supplemental Airport. 
Sec. 729. Clarification of requirements for volunteer pilots operating charitable 
medical flights. 
Sec. 730. Cylinders of compressed oxygen, nitrous oxide, or other oxidizing gases. 
Sec. 731. Technical correction.
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Sec. 732. Plan for flying scientific instruments on commercial flights. 
Sec. 733. Prohibition against aiming a laser pointer at an aircraft. 
Sec. 734. Criminal penalty for unauthorized recording or distribution of security 
screening images. 
Sec. 735. Approval of applications for the security screening opt-out program. 
Sec. 736. Conveyance of land to city of Mesquite, Nevada. 
Sec. 737. Ronald Reagan Washington National Airport Slots. 
Sec. 738. Orphan Earmarks Act. 
Sec. 739. Privacy protections for aircraft passenger screening with advanced im-
aging technology. 
Sec. 740. Controlling helicopter noise pollution in residential areas. 
TITLE VIII—AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND 
RELATED TAXES 
Sec. 800. Amendment of 1986 code. 
Sec. 801. Extension of taxes funding airport and airway trust fund. 
Sec. 802. Extension of airport and airway trust fund expenditure authority. 
Sec. 803. Modification of excise tax on kerosene used in aviation. 
Sec. 804. Air traffic control system modernization account. 
Sec. 805. Treatment of fractional aircraft ownership programs. 
Sec. 806. Termination of exemption for small jet aircraft on nonestablished lines. 
Sec. 807. Transparency in passenger tax disclosures. 
Sec. 808. Tax-exempt bond financing for fixed-wing emergency medical aircraft. 
Sec. 809. Protection of Airport and Airway Trust Fund solvency. 
Sec. 810. Rollover of amounts received in airline carrier bankruptcy. 
Sec. 811. Application of levy to payments to Federal vendors relating to property. 
Sec. 812. Modification of control definition for purposes of section 249. 
TITLE IX—BUDGETARY EFFECTS 
Sec. 901. Budgetary effects. 
TITLE X—RESCISSION OF UNUSED TRANSPORTATION EARMARKS 
AND GENERAL REPORTING REQUIREMENT 
Sec. 1001. Definition. 
Sec. 1002. Rescission. 
Sec. 1003. Agency wide identification and reports. 
TITLE XI—REPEAL OF EXPANSION OF INFORMATION REPORTING 
REQUIREMENTS 
Sec. 1101. Repeal of expansion of information reporting requirements. 
TITLE XII—EMERGENCY MEDICAL SERVICE PROVIDERS PROTEC-
TION AND LIABILITY PROTECTION FOR CERTAIN VOLUNTEER PI-
LOTS 
Subtitle A—Emergency Medical Service Providers Protection 
Sec. 1201. Dale Long Emergency Medical Service Providers Protection Act. 
Subtitle B—Liability Protection 
Sec. 1211. Short title. 
Sec. 1212. Findings and purpose. 
Sec. 1213. Liability protection for volunteer pilots that fly for public benefit.
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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 
SEC. 101. OPERATIONS. 
Section 106(k)(1) is amended by striking subpara-
graphs (A) through (E) and inserting the following: 
‘‘(A) $9,336,000,000 for fiscal year 2010; 
and 
‘‘(B) $9,620,000,000 for fiscal year 2011.’’. 
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 
Section 48101(a) is amended by striking paragraphs 
(1) through (5) and inserting the following: 
‘‘(1) $3,500,000,000 for fiscal year 2010, of 
which $500,000,000 is derived from the Air Traffic 
Control System Modernization Account of the Airport 
and Airways Trust Fund; and 
‘‘(2) $3,600,000,000 for fiscal year 2011, of 
which $500,000,000 is derived from the Air Traffic
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Control System Modernization Account of the Airport 
and Airways Trust Fund.’’. 
SEC. 103. RESEARCH AND DEVELOPMENT. 
Section 48102 is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) IN GENERAL.—Not more than the following 
amounts may be appropriated to the Secretary of Transpor-
tation out of the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code of 
1986 (26 U.S.C. 9502) for conducting civil aviation re-
search and development under sections 44504, 44505, 
44507, 44509, and 44511 through 44513 of this title: 
‘‘(1) $200,000,000 for fiscal year 2010. 
‘‘(2) $206,000,000 for fiscal year 2011.’’; 
(2) by striking subsections (c) through (h); and 
(3) by adding at the end the following: 
‘‘(c) RESEARCH GRANTS PROGRAM INVOLVING UN-
DERGRADUATE STUDENTS.—The Administrator of the Fed-
eral Aviation Administration shall establish a program to 
utilize undergraduate and technical colleges, including His-
torically Black Colleges and Universities, Hispanic Serving 
Institutions, tribally controlled colleges and universities, 
and Alaska Native and Native Hawaiian serving institu-
tions in research on subjects of relevance to the Federal
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Aviation Administration. Grants may be awarded under 
this subsection for— 
‘‘(1) research projects to be carried out at pri-
marily undergraduate institutions and technical col-
leges; 
‘‘(2) research projects that combine research at 
primarily undergraduate institutions and technical 
colleges with other research supported by the Federal 
Aviation Administration; 
‘‘(3) research on future training requirements on 
projected changes in regulatory requirements for air-
craft maintenance and power plant licensees; or 
‘‘(4) research on the impact of new technologies 
and procedures, particularly those related to aircraft 
flight deck and air traffic management functions, and 
on training requirements for pilots and air traffic 
controllers.’’. 
SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND 
NOISE COMPATIBILITY PLANNING AND PRO-
GRAMS. 
Section 48103 is amended by striking paragraphs (1) 
through (6) and inserting the following: 
‘‘(1) $4,000,000,000 for fiscal year 2010; and 
‘‘(2) $4,100,000,000 for fiscal year 2011.’’.
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SEC. 105. OTHER AVIATION PROGRAMS. 
Section 48114 is amended— 
(1) by striking ‘‘2007’’ in subsection (a)(1)(A) 
and inserting ‘‘2011’’; 
(2) by striking ‘‘2007,’’ in subsection (a)(2) and 
inserting ‘‘2011,’’; and 
(3) by striking ‘‘2007’’ in subsection (c)(2) and 
inserting ‘‘2011’’. 
SEC. 106. DELINEATION OF NEXT GENERATION AIR TRANS-
PORTATION SYSTEM PROJECTS. 
Section 44501(b) is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
paragraph (3); 
(2) by striking ‘‘defense.’’ in paragraph (4) and 
inserting ‘‘defense; and’’; and 
(3) by adding at the end thereof the following: 
‘‘(5) a list of projects that are part of the Next 
Generation Air Transportation System and do not 
have as a primary purpose to operate or maintain 
the current air traffic control system.’’. 
SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR 
AIRPORT PROGRAMS. 
(a) IN GENERAL.—Section 48105 is amended to read 
as follows:
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‘‘§ 48105. Airport programs administrative expenses 
‘‘Of the amount made available under section 48103 
of this title, the following may be available for administra-
tive expenses relating to the Airport Improvement Program, 
passenger facility charge approval and oversight, national 
airport system planning, airport standards development 
and enforcement, airport certification, airport-related envi-
ronmental activities (including legal services), and other 
airport-related activities (including airport technology re-
search), to remain available until expended— 
‘‘(1) for fiscal year 2010, $94,000,000; and 
‘‘(2) for fiscal year 2011, $98,000,000.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 481 is amended by striking the item relating 
to section 48105 and inserting the following: 
‘‘48105. Airport programs administrative expenses’’. 
(c) PASSENGER ENPLANEMENT REPORT.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall prepare a report 
on every airport in the United States that reported 
between 10,000 and 15,000 passenger enplanements 
during each of the 2 most recent years for which such 
data is available. 
(2) REPORT OBJECTIVES.—In carrying out the 
report under paragraph (1), the Administrator shall 
document the methods used by each subject airport to
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reach the 10,000 passenger enplanement threshold, in-
cluding whether airports subsidize commercial flights 
to reach such threshold. 
(3) REVIEW.—The Inspector General of the De-
partment of Transportation shall review the process of 
the Adminstrator in developing the report under 
paragraph (1). 
(4) REPORT.—The Administrator shall submit 
the report prepared under paragraph (1) to Congress 
and the Secretary of Transportation. 
TITLE II—AIRPORT 
IMPROVEMENTS 
SEC. 201. REFORM OF PASSENGER FACILITY CHARGE AU-
THORITY. 
(a) PASSENGER FACILITY CHARGE STREAMLINING.— 
Section 40117(c) is amended to read as follows: 
‘‘(c) PROCEDURAL REQUIREMENTS FOR IMPOSITION 
OF PASSENGER FACILITY CHARGE.— 
‘‘(1) IN GENERAL.—An eligible agency must sub-
mit to those air carriers and foreign air carriers op-
erating at the airport with a significant business in-
terest, as defined in paragraph (3), and to the Sec-
retary and make available to the public annually a 
report, in the form required by the Secretary, on the
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status of the eligible agency’s passenger facility charge 
program, including— 
‘‘(A) the total amount of program revenue 
held by the agency at the beginning of the 12 
months covered by the report; 
‘‘(B) the total amount of program revenue 
collected by the agency during the period covered 
by the report; 
‘‘(C) the amount of expenditures with pro-
gram revenue made by the agency on each eligi-
ble airport-related project during the period cov-
ered by the report; 
‘‘(D) each airport-related project for which 
the agency plans to collect and use program rev-
enue during the next 12-month period covered by 
the report, including the amount of revenue pro-
jected to be used for such project; 
‘‘(E) the level of program revenue the agen-
cy plans to collect during the next 12-month pe-
riod covered by the report; 
‘‘(F) a description of the notice and con-
sultation process with air carriers and foreign 
air carriers under paragraph (3), and with the 
public under paragraph (4), including a copy of
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any adverse comments received and how the 
agency responded; and 
‘‘(G) any other information on the program 
that the Secretary may require. 
‘‘(2) IMPLEMENTATION.—Subject to the require-
ments of paragraphs (3), (4), (5), and (6), the eligible 
agency may implement the planned collection and use 
of passenger facility charges in accordance with its 
report upon filing the report as required in para-
graph (1). 
‘‘(3) CONSULTATION WITH CARRIERS FOR NEW 
PROJECTS.— 
‘‘(A) An eligible agency proposing to collect 
or use passenger facility charge revenue for a 
project not previously approved by the Secretary 
or not included in a report required by para-
graph (1) that was submitted in a prior year 
shall provide to air carriers and foreign air car-
riers operating at the airport reasonable notice, 
and an opportunity to comment on the planned 
collection and use of program revenue before pro-
viding the report required under paragraph (1). 
The Secretary shall prescribe by regulation what 
constitutes reasonable notice under this para-
graph, which shall at a minimum include—
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‘‘(i) that the eligible agency provide to 
air carriers and foreign air carriers oper-
ating at the airport written notice of the 
planned collection and use of passenger fa-
cility charge revenue; 
‘‘(ii) that the notice include a full de-
scription and justification for a proposed 
project; 
‘‘(iii) that the notice include a detailed 
financial plan for the proposed project; and 
‘‘(iv) that the notice include the pro-
posed level for the passenger facility charge. 
‘‘(B) An eligible agency providing notice 
and an opportunity for comment shall be deemed 
to have satisfied the requirements of this para-
graph if the eligible agency provides such notice 
to air carriers and foreign air carriers that have 
a significant business interest at the airport. For 
purposes of this subparagraph, the term ‘signifi-
cant business interest’ means an air carrier or 
foreign air carrier that— 
‘‘(i) had not less than 1.0 percent of 
passenger boardings at the airport in the 
prior calendar year;
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‘‘(ii) had at least 25,000 passenger 
boardings at the airport in the prior cal-
endar year; or 
‘‘(iii) provides scheduled service at the 
airport. 
‘‘(C) Not later than 45 days after written 
notice is provided under subparagraph (A), each 
air carrier and foreign air carrier may provide 
written comments to the eligible agency indi-
cating its agreement or disagreement with the 
project or, if applicable, the proposed level for a 
passenger facility charge. 
‘‘(D) The eligible agency may include, as 
part of the notice and comment process, a con-
sultation meeting to discuss the proposed project 
or, if applicable, the proposed level for a pas-
senger facility charge. If the agency provides a 
consultation meeting, the written comments spec-
ified in subparagraph (C) shall be due not later 
than 30 days after the meeting. 
‘‘(4) PUBLIC NOTICE AND COMMENT.— 
‘‘(A) An eligible agency proposing to collect 
or use passenger facility charge revenue for a 
project not previously approved by the Secretary 
or not included in a report required by para-
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graph (1) that was filed in a prior year shall 
provide reasonable notice and an opportunity for 
public comment on the planned collection and 
use of program revenue before providing the re-
port required in paragraph (1). 
‘‘(B) The Secretary shall prescribe by regu-
lation what constitutes reasonable notice under 
this paragraph, which shall at a minimum re-
quire— 
‘‘(i) that the eligible agency provide 
public notice of intent to collect a passenger 
facility charge so as to inform those inter-
ested persons and agencies that may be af-
fected; 
‘‘(ii) appropriate methods of publica-
tion, which may include notice in local 
newspapers of general circulation or other 
local media, or posting of the notice on the 
agency’s Internet website; and 
‘‘(iii) submission of public comments 
no later than 45 days after the date of the 
publication of the notice. 
‘‘(5) OBJECTIONS.— 
‘‘(A) Any interested person may file with 
the Secretary a written objection to a proposed
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project included in a notice under this para-
graph provided that the filing is made within 30 
days after submission of the report specified in 
paragraph (1). 
‘‘(B) The Secretary shall provide not less 
than 30 days for the eligible agency to respond 
to any filed objection. 
‘‘(C) Not later than 90 days after receiving 
the eligible agency’s response to a filed objection, 
the Secretary shall make a determination wheth-
er or not to terminate authority to collect the 
passenger facility charge for the project, based on 
the filed objection. The Secretary shall state the 
reasons for any determination. The Secretary 
may only terminate authority if— 
‘‘(i) the project is not an eligible air-
port related project; 
‘‘(ii) the eligible agency has not com-
plied with the requirements of this section 
or the Secretary’s implementing regulations 
in proposing the project; 
‘‘(iii) the eligible agency has been 
found to be in violation of section 47107(b) 
of this title and has failed to take corrective 
action, prior to the filing of the objection; or
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‘‘(iv) in the case of a proposed increase 
in the passenger facility charge level, the 
level is not authorized by this section. 
‘‘(D) Upon issuance of a decision termi-
nating authority, the public agency shall prepare 
an accounting of passenger facility revenue col-
lected under the terminated authority and restore 
the funds for use on other authorized projects. 
‘‘(E) Except as provided in subparagraph 
(C), the eligible agency may implement the 
planned collection and use of a passenger facility 
charge in accordance with its report upon filing 
the report as specified in paragraph (1)(A). 
‘‘(6) APPROVAL REQUIREMENT FOR INCREASED 
PASSENGER
FACILITY
CHARGE
OR
INTERMODAL 
GROUND ACCESS PROJECT.— 
‘‘(A) An eligible agency may not collect or 
use a passenger facility charge to finance an 
intermodal ground access project, or increase a 
passenger facility charge, unless the project is 
first approved by the Secretary in accordance 
with this paragraph. 
‘‘(B) The eligible agency may submit to the 
Secretary an application for authority to impose 
a passenger facility charge for an intermodal
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ground access project or to increase a passenger 
facility charge. The application shall contain in-
formation and be in the form that the Secretary 
may require by regulation but, at a minimum, 
must include copies of any comments received by 
the agency during the comment period described 
by subparagraph (C). 
‘‘(C) Before submitting an application 
under this paragraph, an eligible agency must 
provide air carriers and foreign air carriers op-
erating at the airport, and the public, reasonable 
notice of and an opportunity to comment on a 
proposed intermodal ground access project or the 
increased passenger facility charge. Such notice 
and opportunity to comment shall conform to the 
requirements of paragraphs (3) and (4). 
‘‘(D) After receiving an application, the 
Secretary may provide air carriers, foreign air 
carriers and other interested persons notice and 
an opportunity to comment on the application. 
The Secretary shall make a final decision on the 
application not later than 120 days after receiv-
ing it.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) REFERENCES.—
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(A) Section 40117(a) is amended— 
(i) by striking ‘‘FEE’’ in the heading 
for paragraph (5) and inserting ‘‘CHARGE’’; 
and 
(ii) by striking ‘‘fee’’ each place it ap-
pears in paragraphs (5) and (6) and insert-
ing ‘‘charge’’. 
(B) Subsections (b), and subsections (d) 
through (m), of section 40117 are amended— 
(i) by striking ‘‘fee’’ or ‘‘fees’’ each 
place either appears and inserting ‘‘charge’’ 
or ‘‘charges’’, respectively; and 
(ii) by striking ‘‘FEE’’ in the sub-
section caption for subsection (l), and 
‘‘FEES’’ in the subsection captions for sub-
sections 
(e) 
and 
(m), 
and 
inserting 
‘‘CHARGE’’ and ‘‘CHARGES’’, respectively. 
(C) The caption for section 40117 is amend-
ed to read as follows: 
‘‘§ 40117. Passenger facility charges’’. 
(D) The table of contents for chapter 401 is 
amended by striking the item relating to section 
40117 and inserting the following: 
‘‘40117. Passenger facility charges’’. 
(2) 
LIMITATIONS
ON
APPROVING
APPLICA-
TIONS.—Section 40117(d) is amended—
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(A) by striking ‘‘subsection (c) of this sec-
tion to finance a specific’’ and inserting ‘‘sub-
section (c)(6) of this section to finance an inter-
modal ground access’’; 
(B) by striking ‘‘specific’’ in paragraph (1); 
(C) by striking paragraph (2) and inserting 
the following: 
‘‘(2) the project is an eligible airport-related 
project; and’’; 
(D) by striking ‘‘each of the specific 
projects; and’’ in paragraph (3) and inserting 
‘‘the project.’’; and 
(E) by striking paragraph (4). 
(3) LIMITATIONS ON IMPOSING CHARGES.—Sec-
tion 40117(e)(1) is amended to read as follows: ‘‘(1) 
An eligible agency may impose a passenger facility 
charge only subject to terms the Secretary may pre-
scribe to carry out the objectives of this section.’’. 
(4) LIMITATIONS ON CONTRACTS, LEASES, AND 
USE AGREEMENTS.—Section 40117(f)(2) is amended 
by striking ‘‘long-term’’. 
(5) COMPLIANCE.—Section 40117(h) is amend-
ed— 
(A) by redesignating paragraph (3) as 
paragraph (4); and
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(B) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) The Secretary may, on complaint of an interested 
person or on the Secretary’s own initiative, conduct an in-
vestigation into an eligible agency’s collection and use of 
passenger facility charge revenue to determine whether a 
passenger facility charge is excessive or that passenger facil-
ity revenue is not being used as provided in this section. 
The Secretary shall prescribe regulations establishing proce-
dures for complaints and investigations. The regulations 
may provide for the issuance of a final agency decision 
without resort to an oral evidentiary hearing. The Secretary 
shall not accept complaints filed under this paragraph until 
after the issuance of regulations establishing complaint pro-
cedures.’’. 
(6) PILOT PROGRAM FOR PFC AT NONHUB AIR-
PORTS.—Section 40117(l) is amended— 
(A) by striking ‘‘(c)(2)’’ in paragraph (2) 
and inserting ‘‘(c)(3)’’; and 
(B) by striking ‘‘October 1, 2009.’’ in para-
graph (7) and inserting ‘‘the date of issuance of 
regulations to carry out subsection (c) of this sec-
tion, as amended by the FAA Air Transpor-
tation Modernization and Safety Improvement 
Act.’’.
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(7) PROHIBITION ON APPROVING PFC APPLICA-
TIONS FOR AIRPORT REVENUE DIVERSION.—Section 
47111(e) is amended by striking ‘‘sponsor’’ the second 
place it appears in the first sentence and all that fol-
lows and inserting ‘‘sponsor. A sponsor shall not pro-
pose collection or use of passenger facility charges for 
any new projects under paragraphs (3) through (6) of 
section 40117(c) unless the Secretary determines that 
the sponsor has taken corrective action to address the 
violation and the violation no longer exists.’’. 
SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM. 
(a) IN GENERAL.—Section 40117 is amended by add-
ing at the end thereof the following: 
‘‘(n) ALTERNATIVE PASSENGER FACILITY CHARGE 
COLLECTION PILOT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
and conduct a pilot program at not more than 6 air-
ports under which an eligible agency may impose a 
passenger facility charge under this section without 
regard to the dollar amount limitations set forth in 
paragraph (1) or (4) of subsection (b) if the partici-
pating eligible agency meets the requirements of para-
graph (2). 
‘‘(2) COLLECTION REQUIREMENTS.—
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‘‘(A) DIRECT
COLLECTION.—An eligible 
agency participating in the pilot program— 
‘‘(i) may collect the charge from the 
passenger at the facility, via the Internet, or 
in any other reasonable manner; but 
‘‘(ii) may not require or permit the 
charge to be collected by an air carrier or 
foreign air carrier for the flight segment. 
‘‘(B) PFC COLLECTION REQUIREMENT NOT 
TO APPLY.—Subpart C of part 158 of title 14, 
Code of Federal Regulations, does not apply to 
the collection of the passenger facility charge im-
posed by an eligible agency participating in the 
pilot program.’’. 
(b) GAO STUDY OF ALTERNATIVE MEANS OF COL-
LECTING PFCS.— 
(1) IN GENERAL.—The Comptroller General shall 
conduct a study of alternative means of collection 
passenger facility charges imposed under section 
40117 of title 49, United States Code, that would per-
mit such charges to be collected without being in-
cluded in the ticket price. In the study, the Comp-
troller General shall consider, at a minimum— 
(A) collection options for arriving, con-
necting, and departing passengers at airports;
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(B) cost sharing or fee allocation methods 
based on passenger travel to address connecting 
traffic; and 
(C) examples of airport fees collected by do-
mestic and international airports that are not 
included in ticket prices. 
(2) REPORT.—No later than 1 year after the 
date of enactment of this Act, the Comptroller General 
shall submit a report on the study to the Senate Com-
mittee on Commerce, Science, and Transportation 
and the House of Representatives Committee on 
Transportation and Infrastructure containing the 
Comptroller General’s findings, conclusions, and rec-
ommendations. 
SEC. 203. AMENDMENTS TO GRANT ASSURANCES. 
Section 47107 is amended— 
(1) 
by 
striking 
‘‘made;’’ 
in 
subsection 
(a)(16)(D)(ii) and inserting ‘‘made, except that, if 
there is a change in airport design standards that the 
Secretary determines is beyond the owner or opera-
tor’s control that requires the relocation or replace-
ment of an existing airport facility, the Secretary, 
upon the request of the owner or operator, may grant 
funds available under section 47114 to pay the cost 
of relocating or replacing such facility;’’;
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(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) in subparagraph (A)(i), by striking 
‘‘purpose;’’ and inserting the following: 
‘‘purpose, which includes serving as noise 
buffer land that may be— 
‘‘(I) undeveloped; or 
‘‘(II) developed in a way that is com-
patible with using the land for noise 
buffering purposes;’’; and 
(ii) in subparagraph (B)(iii), by strik-
ing ‘‘paid to the Secretary for deposit in the 
Fund if another eligible project does not 
exist.’’ and inserting ‘‘reinvested in another 
project at the airport or transferred to an-
other airport as the Secretary prescribes.’’; 
(B) by redesignating paragraph (3) as 
paragraph (5); and 
(C) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3)(A) A lease by an airport owner or operator of 
land acquired for a noise compatibility purpose using a 
grant provided under this subchapter shall not be consid-
ered a disposal for purposes of paragraph (2).
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‘‘(B) The airport owner or operator may use revenues 
from a lease described in subparagraph (A) for capital pur-
poses. 
‘‘(C) The Administrator of the Federal Aviation Ad-
ministration shall coordinate with each airport owner or 
operator to ensure that leases described in subparagraph 
(A) are consistent with noise buffering purposes. 
‘‘(D) The provisions of this paragraph apply to all 
land acquired before, on, or after the date of the enactment 
of this paragraph. 
‘‘(4) In approving the reinvestment or transfer of pro-
ceeds under paragraph (2)(C)(iii), the Secretary shall give 
preference, in descending order, to— 
‘‘(i) reinvestment in an approved noise compat-
ibility project; 
‘‘(ii) reinvestment in an approved project that is 
eligible for funding under section 47117(e); 
‘‘(iii) reinvestment in an airport development 
project that is eligible for funding under section 
47114, 47115, or 47117 and meets the requirements 
of this chapter; 
‘‘(iv) transfer to the sponsor of another public 
airport to be reinvested in an approved noise compat-
ibility project at such airport; and
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‘‘(v) payment to the Secretary for deposit in the 
Airport and Airway Trust Fund established under 
section 9502 of the Internal Revenue Code of 1986 (26 
U.S.C. 9502).’’. 
SEC. 204. GOVERNMENT SHARE OF PROJECT COSTS. 
(a) FEDERAL SHARE.—Section 47109 is amended— 
(1) by striking ‘‘subsection (b) or subsection (c)’’ 
in subsection (a) and inserting ‘‘subsection (b), (c), or 
(e)’’; 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 primary airport changes to a medium hub primary 
airport, the United States Government’s share of allowable 
project costs for the airport may not exceed 95 percent for 
2 fiscal years following such change in hub status.’’. 
(b) 
TRANSITIONING
AIRPORTS.—Section 
47114(f)(3)(B) is amended by striking ‘‘year 2004.’’ and 
inserting ‘‘years 2010 and 2011.’’. 
SEC. 205. AMENDMENTS TO ALLOWABLE COSTS. 
Section 47110 is amended— 
(1) by striking subsection (d) and inserting the 
following: 
‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
The Secretary may determine that the costs of relocating
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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 is paid 
with funds apportioned to the airport sponsor under 
sections 47114(c)(1) or 47114(d)(2); 
‘‘(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.’’; 
(2) by striking ‘‘facilities, including fuel farms 
and hangars,’’ in subsection (h) and inserting ‘‘facili-
ties, as defined by section 47102,’’; and 
(3) by adding at the end the following: 
‘‘(i) BIRD-DETECTING RADAR SYSTEMS.—Within 180 
days after the date of enactment of the FAA Air Transpor-
tation Modernization and Safety Improvement Act, the Ad-
ministrator shall analyze the conclusions of ongoing studies 
of various types of commercially-available bird radar sys-
tems, based upon that analysis, if the Administrator deter-
mines such systems have no negative impact on existing 
navigational aids and that the expenditure of such funds 
is appropriate, the Administrator shall allow the purchase 
of bird-detecting radar systems as an allowable airport de-
velopment project costs subject to subsection (b). If a deter-
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mination is made that such radar systems will not improve 
or negatively impact airport safety, the Administrator shall 
issue a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure on 
why that determination was made.’’. 
SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 
Section 47133(b) is amended— 
(1) by resetting the text of the subsection as an 
indented paragraph 2 ems from the left margin; 
(2) by inserting ‘‘(1)’’ before ‘‘Subsection’’; and 
(3) by adding at the end thereof the following: 
‘‘(2) In the case of a privately owned airport, 
subsection (a) shall not apply to the proceeds from the 
sale of the airport to a public sponsor if— 
‘‘(A) the sale is approved by the Secretary; 
‘‘(B) funding is provided under this title for 
the public sponsor’s acquisition; and 
‘‘(C) an amount equal to the remaining 
unamortized portion of the original grant, amor-
tized over a 20-year period, is repaid to the Sec-
retary by the private owner for deposit in the 
Trust Fund for airport acquisitions. 
‘‘(3) This subsection shall apply to grants issued 
on or after October 1, 1996.’’.
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SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT 
COSTS. 
Notwithstanding section 47109(a) of title 49, United 
States Code, the Federal Government’s share of allowable 
project costs for a grant made in fiscal year 2008, 2009, 
2010, or 2011 under chapter 471 of that title for a project 
described in paragraph (2) or (3) of that section shall be 
95 percent. 
SEC. 207(b). PROHIBITION ON USE OF PASSENGER FACILITY 
CHARGES TO CONSTRUCT BICYCLE STORAGE 
FACILITIES. 
Section 40117(a)(3) is amended— 
(1) by redesignating subparagraphs (A) through 
(G) as clauses (i) through (vii); 
(2) by striking ‘‘The term’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—The term’’; and 
(3) by adding at the end the following: 
‘‘(B) BICYCLE
STORAGE
FACILITIES.—A 
project to construct a bicycle storage facility may 
not be considered an eligible airport-related 
project.’’. 
SEC. 208. MISCELLANEOUS AMENDMENTS. 
(a) TECHNICAL CHANGES TO NATIONAL PLAN OF IN-
TEGRATED AIRPORT SYSTEMS.—Section 47103 is amend-
ed—
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(1) by striking ‘‘each airport to—’’ in subsection 
(a) and inserting ‘‘the airport system to—’’; 
(2) by striking ‘‘system in the particular area;’’ 
in subsection (a)(1) and inserting ‘‘system, including 
connection to the surface transportation network; 
and’’; 
(3) by striking ‘‘aeronautics; and’’ in subsection 
(a)(2) and inserting ‘‘aeronautics.’’; 
(4) by striking subsection (a)(3); 
(5) by inserting ‘‘and’’ after the semicolon in 
subsection (b)(1); 
(6) by striking paragraph (2) of subsection (b) 
and redesignating paragraph (3) as paragraph (2); 
(7) by striking ‘‘operations, Short Takeoff and 
Landing/Very Short Takeoff and Landing aircraft op-
erations,’’ in subsection (b)(2), as redesignated, and 
inserting ‘‘operations’’; and 
(8) by striking ‘‘status of the’’ in subsection (d). 
(b) UPDATE VETERANS PREFERENCE DEFINITION.— 
Section 47112(c) is amended— 
(1) by striking ‘‘separated from’’ in paragraph 
(1)(B) and inserting ‘‘discharged or released from ac-
tive duty in’’; 
(2) by adding at the end of paragraph (1) the 
following:
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sion 100—Century of Aviation Reauthorization Act (49 
U.S.C. 40101 note) is amended— 
(1) by inserting ‘‘strategic and cross-agency’’ 
after ‘‘manage’’ in subsection (a)(1); 
(2) by adding at the end of subsection (a)(1) 
‘‘The office shall be headed by a Director, who shall 
report to the Chief NextGen Officer appointed or des-
ignated under section 302(a) of the FAA Air Trans-
portation Modernization and Safety Improvement 
Act.’’; 
(3) by inserting ‘‘(A)’’ after ‘‘(3)’’ in subsection 
(a)(3); 
(4) by inserting after subsection (a)(3) the fol-
lowing: 
‘‘(B) The Administrator, the Secretary of 
Defense, the Administrator of the National Aero-
nautics and Space Administration, the Secretary 
of Commerce, the Secretary of Homeland Secu-
rity, and the head of any other Department or 
Federal agency from which the Secretary of 
Transportation requests assistance under sub-
paragraph (A) shall designate an implementa-
tion office to be responsible for— 
‘‘(i) carrying out the Department or 
agency’s Next Generation Air Transpor-