‘‘(R) $22,939,000 for environment and en-
ergy; 
‘‘(S) $16,050,000 for NextGen—Environ-
mental research—Aircraft technologies, fuels, 
and metrics; 
‘‘(T) $1,847,000 for system planning and 
resource management; and 
‘‘(U) $3,548,000 for the William J. Hughes 
Technical Center Laboratory Facility; 
‘‘(14) for fiscal year 2010, $214,587,000, includ-
ing— 
‘‘(A) $8,546,000 for fire research and safety; 
‘‘(B) $4,075,000 for propulsion and fuel 
systems; 
‘‘(C) $2,965,000 for advanced materials and 
structural safety; 
‘‘(D) $4,921,000 for atmospheric hazards 
and digital system safety; 
‘‘(E) $14,688,000 for aging aircraft; 
‘‘(F) $2,153,000 for aircraft catastrophic 
failure prevention research; 
‘‘(G) $11,000,000 for flightdeck mainte-
nance, system integration, and human factors; 
‘‘(H) $12,589,000 for aviation safety risk 
analysis; 
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‘‘(I) $15,471,000 for air traffic control, tech-
nical operations, and human factors; 
‘‘(J) $8,699,000 for aeromedical research; 
‘‘(K) $23,286,000 for weather program; 
‘‘(L) $6,236,000 for unmanned aircraft sys-
tems research; 
‘‘(M) $18,100,000 for the Next Generation 
Air Transportation System Joint Planning and 
Development Office; 
‘‘(N) $10,412,000 for wake turbulence; 
‘‘(O) $10,400,000 for NextGen—Air ground 
integration; 
‘‘(P) $8,000,000 for NextGen—Self separa-
tion; 
‘‘(Q) $7,567,000 for NextGen—Weather 
technology in the cockpit; 
‘‘(R) $20,278,000 for environment and en-
ergy; 
‘‘(S) $19,700,000 for NextGen—Environ-
mental research—Aircraft technologies, fuels, 
and metrics; 
‘‘(T) $1,827,000 for system planning and 
resource management; and 
‘‘(U) $3,674,000 for the William J. Hughes 
Technical Center Laboratory Facility; 
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‘‘(15) for fiscal year 2011, $225,993,000, includ-
ing— 
‘‘(A) $8,815,000 for fire research and safety; 
‘‘(B) $4,150,000 for propulsion and fuel 
systems; 
‘‘(C) $2,975,000 for advanced materials and 
structural safety; 
‘‘(D) $4,949,000 for atmospheric hazards 
and digital system safety; 
‘‘(E) $14,903,000 for aging aircraft; 
‘‘(F) $2,181,000 for aircraft catastrophic 
failure prevention research; 
‘‘(G) $12,000,000 for flightdeck mainte-
nance, system integration, and human factors; 
‘‘(H) $12,497,000 for aviation safety risk 
analysis; 
‘‘(I) $15,715,000 for air traffic control, tech-
nical operations, and human factors; 
‘‘(J) $8,976,000 for aeromedical research; 
‘‘(K) $23,638,000 for weather program; 
‘‘(L) $6,295,000 for unmanned aircraft sys-
tems research; 
‘‘(M) $18,100,000 for the Next Generation 
Air Transportation System Joint Planning and 
Development Office; 
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‘‘(N) $10,471,000 for wake turbulence; 
‘‘(O) $10,600,000 for NextGen—Air ground 
integration; 
‘‘(P) $8,300,000 for NextGen—Self separa-
tion; 
‘‘(Q) $8,345,000 for NextGen—Weather 
technology in the cockpit; 
‘‘(R) $27,075,000 for environment and en-
ergy; 
‘‘(S) $20,368,000 for NextGen—Environ-
mental research—Aircraft technologies, fuels, 
and metrics; 
‘‘(T) $1,836,000 for system planning and 
resource management; and 
‘‘(U) $3,804,000 for the William J. Hughes 
Technical Center Laboratory Facility; and 
‘‘(16) for fiscal year 2012, $244,860,000, includ-
ing— 
‘‘(A) $8,957,000 for fire research and safety; 
‘‘(B) $4,201,000 for propulsion and fuel 
systems; 
‘‘(C) $2,986,000 for advanced materials and 
structural safety; 
‘‘(D) $4,979,000 for atmospheric hazards 
and digital system safety; 
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‘‘(E) $15,013,000 for aging aircraft; 
‘‘(F) $2,192,000 for aircraft catastrophic 
failure prevention research; 
‘‘(G) $12,000,000 for flightdeck mainte-
nance, system integration, and human factors; 
‘‘(H) $12,401,000 for aviation safety risk 
analysis; 
‘‘(I) $16,000,000 for air traffic control, tech-
nical operations, and human factors; 
‘‘(J) $9,267,000 for aeromedical research; 
‘‘(K) $23,800,000 for weather program; 
‘‘(L) $6,400,000 for unmanned aircraft sys-
tems research; 
‘‘(M) $18,100,000 for the Next Generation 
Air Transportation System Joint Planning and 
Development Office; 
‘‘(N) $10,471,000 for wake turbulence; 
‘‘(O) $10,800,000 for NextGen—Air ground 
integration; 
‘‘(P) $8,500,000 for NextGen—Self separa-
tion; 
‘‘(Q) $8,569,000 for NextGen—Weather 
technology in the cockpit; 
‘‘(R) $44,409,000 for environment and en-
ergy; 
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‘‘(S) $20,034,000 for NextGen—Environ-
mental research—Aircraft technologies, fuels, 
and metrics; 
‘‘(T) $1,840,000 for system planning and 
resource management; and 
‘‘(U) $3,941,000 for the William J. Hughes 
Technical Center Laboratory Facility.’’. 
SEC. 105. FUNDING FOR AVIATION PROGRAMS. 
(a) AIRPORT
AND
AIRWAY
TRUST
FUND
GUAR-
ANTEE.—Section 48114(a)(1)(A) is amended to read as fol-
lows: 
‘‘(A) IN
GENERAL.—The total budget re-
sources made available from the Airport and 
Airway Trust Fund each fiscal year through fis-
cal year 2012 pursuant to sections 48101, 48102, 
48103, and 106(k) shall— 
‘‘(i) in each of fiscal years 2009 and 
2010, be equal to 90 percent of the estimated 
level of receipts plus interest credited to the 
Airport and Airway Trust Fund for that 
fiscal year; and 
‘‘(ii) in each of fiscal years 2011 and 
2012, be equal to the sum of— 
‘‘(I) 90 percent of the estimated 
level of receipts plus interest credited to 
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the Airport and Airway Trust Fund 
for that fiscal year; and 
‘‘(II) the actual level of receipts 
plus interest credited to the Airport 
and Airway Trust Fund for the second 
preceding fiscal year minus the total 
amount made available for obligation 
from the Airport and Airway Trust 
Fund for the second preceding fiscal 
year. 
Such amounts may be used only for aviation in-
vestment programs listed in subsection (b).’’. 
(b) ADDITIONAL AUTHORIZATIONS
OF APPROPRIA-
TIONS FROM THE GENERAL FUND.—Section 48114(a)(2) is 
amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 
(c) ESTIMATED LEVEL OF RECEIPTS PLUS INTEREST 
DEFINED.—Section 48114(b)(2) is amended— 
(1) in the paragraph heading by striking 
‘‘LEVEL’’ and inserting ‘‘ESTIMATED LEVEL’’; and 
(2) by striking ‘‘level of receipts plus interest’’ 
and inserting ‘‘estimated level of receipts plus inter-
est’’. 
(d) 
ENFORCEMENT
OF
GUARANTEES.—Section 
48114(c)(2) is amended by striking ‘‘2007’’ and inserting 
‘‘2012’’. 
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(D) in the heading for paragraph (5) of 
subsection (l) by striking ‘‘FEE’’ and inserting 
‘‘CHARGE’’; 
(E) in the heading for subsection (m) by 
striking ‘‘FEES’’ and inserting ‘‘CHARGES’’; 
(F) in the heading for paragraph (1) of sub-
section (m) by striking ‘‘FEES’’ and inserting 
‘‘CHARGES’’; 
(G) by striking ‘‘fee’’ each place it appears 
(other than the second sentence of subsection 
(g)(4)) and inserting ‘‘charge’’; and 
(H) by striking ‘‘fees’’ each place it appears 
and inserting ‘‘charges’’. 
(2) 
OTHER
REFERENCES.—Subtitle 
VII 
is 
amended by striking ‘‘fee’’ and inserting ‘‘charge’’ 
each place it appears in each of the following sections: 
(A) Section 47106(f)(1). 
(B) Section 47110(e)(5). 
(C) Section 47114(f). 
(D) Section 47134(g)(1). 
(E) Section 47139(b). 
(F) Section 47524(e). 
(G) Section 47526(2). 
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SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE. 
(a) IN GENERAL.—Section 40117(a)(3) is amended by 
adding at the end the following: 
‘‘(H) A project to construct secure bicycle 
storage facilities that are to be used by pas-
sengers at the airport and that are in compli-
ance with applicable security standards.’’. 
(b) REPORT TO CONGRESS.—Not later than one year 
after the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall submit to 
Congress a report on the progress being made by airports 
to install bicycle parking for airport customers and airport 
employees. 
SEC. 113. AWARD OF ARCHITECTURAL AND ENGINEERING 
CONTRACTS FOR AIRSIDE PROJECTS. 
(a) IN GENERAL.—Section 40117(d) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) in the case of an application to finance a 
project to meet the airside needs of the airport, the 
application includes written assurances, satisfactory 
to the Secretary, that each contract and subcontract 
for program management, construction management, 
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planning studies, feasibility studies, architectural 
services, preliminary engineering, design, engineering, 
surveying, mapping, and related services will be 
awarded in the same way that a contract for architec-
tural and engineering services is negotiated under 
chapter 11 of title 40 or an equivalent qualifications- 
based requirement prescribed for or by the eligible 
agency.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply to an application submitted to the 
Secretary of Transportation by an eligible agency under 
section 40117 of title 49, United States Code, after the date 
of enactment of this Act. 
SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT 
PROGRAM. 
Section 40117 is amended by adding at the end the 
following: 
‘‘(n) PILOT PROGRAM
FOR PFC ELIGIBILITY
FOR 
INTERMODAL GROUND ACCESS PROJECTS.— 
‘‘(1) PFC ELIGIBILITY.—Subject to the require-
ments of this subsection, the Secretary shall establish 
a pilot program under which the Secretary may au-
thorize, at no more than 5 airports, a passenger facil-
ity charge imposed under subsection (b)(1) or (b)(4) 
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to be used to finance the eligible cost of an intermodal 
ground access project. 
‘‘(2) INTERMODAL GROUND ACCESS PROJECT DE-
FINED.—In this section, the term ‘intermodal ground 
access project’ means a project for constructing a local 
facility owned or operated by an eligible agency that 
is directly and substantially related to the movement 
of passengers or property traveling in air transpor-
tation. 
‘‘(3) ELIGIBLE COSTS.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the eligible cost of an intermodal 
ground access project shall be the total cost of the 
project multiplied by the ratio that— 
‘‘(i) the number of individuals pro-
jected to use the project to gain access to or 
depart from the airport; bears to 
‘‘(ii) the total number of the individ-
uals projected to use the facility. 
‘‘(B) DETERMINATIONS
REGARDING
PRO-
JECTED PROJECT USE.— 
‘‘(i) IN GENERAL.—Except as provided 
by clause (ii), the Secretary shall determine 
the projected use of a project for purposes of 
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subparagraph (A) at the time the project is 
approved under this subsection. 
‘‘(ii) 
PUBLIC
TRANSPORTATION 
PROJECTS.—In the case of a project ap-
proved under this section to be financed in 
part using funds administered by the Fed-
eral Transit Administration, the Secretary 
shall use the travel forecasting model for the 
project at the time such project is approved 
by the Federal Transit Administration to 
enter preliminary engineering to determine 
the projected use of the project for purposes 
of subparagraph (A).’’. 
SEC. 115. IMPACTS ON AIRPORTS OF ACCOMMODATING 
CONNECTING PASSENGERS. 
(a) STUDY.—Not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall 
initiate a study to evaluate— 
(1) the impacts on airports of accommodating 
connecting passengers; and 
(2) the treatment of airports at which the major-
ity of passengers are connecting passengers under the 
passenger facility charge program authorized by sec-
tion 40117 of title 49, United States Code. 
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posed on connecting passengers and originating and 
destination passengers. 
(c) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than one year after 
the date of initiation of the study, the Secretary shall 
submit to Congress a report on the results of the 
study. 
(2) CONTENTS.—The report shall include— 
(A) the findings of the Secretary on each of 
the subjects listed in subsection (b); and 
(B) recommendations, if any, of the Sec-
retary based on the results of the study for any 
changes to the passenger facility charge program, 
including recommendations as to whether dif-
ferent levels of passenger facility charges should 
be imposed on connecting passengers and origi-
nating and destination passengers. 
Subtitle C—Fees for FAA Services 
SEC. 121. UPDATE ON OVERFLIGHTS. 
(a) ESTABLISHMENT AND ADJUSTMENT OF FEES.— 
Section 45301(b) is amended to read as follows: 
‘‘(b) ESTABLISHMENT AND ADJUSTMENT OF FEES.— 
‘‘(1) IN GENERAL.—In establishing and adjust-
ing fees under subsection (a), the Administrator shall 
ensure that the fees are reasonably related to the Ad-
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ministration’s costs, as determined by the Adminis-
trator, of providing the services rendered. Services for 
which costs may be recovered include the costs of air 
traffic control, navigation, weather services, training, 
and emergency services which are available to facili-
tate safe transportation over the United States and 
the costs of other services provided by the Adminis-
trator, or by programs financed by the Administrator, 
to flights that neither take off nor land in the United 
States. The determination of such costs by the Admin-
istrator, and the allocation of such costs by the Ad-
ministrator to services provided, are not subject to ju-
dicial review. 
‘‘(2) ADJUSTMENT OF FEES.—The Administrator 
shall adjust the overflight fees established by sub-
section (a)(1) by expedited rulemaking and begin col-
lections under the adjusted fees by May 1, 2010. In 
developing the adjusted overflight fees, the Adminis-
trator may seek and consider the recommendations of-
fered by an aviation rulemaking committee for over-
flight fees that are provided to the Administrator by 
May 1, 2009, and are intended to ensure that over-
flight fees are reasonably related to the Administra-
tor’s costs of providing air traffic control and related 
services to overflights. 
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‘‘(3) AIRCRAFT ALTITUDE.—Nothing in this sec-
tion shall require the Administrator to take into ac-
count aircraft altitude in establishing any fee for air-
craft operations in en route or oceanic airspace. 
‘‘(4) COSTS DEFINED.—In this subsection, the 
term ‘costs’ includes those costs associated with the 
operation, maintenance, leasing costs, and overhead 
expenses of the services provided and the facilities and 
equipment used in such services, including the pro-
jected costs for the period during which the services 
will be provided. 
‘‘(5) PUBLICATION; COMMENT.—The Adminis-
trator shall publish in the Federal Register any fee 
schedule under this section, including any adjusted 
overflight fee schedule, and the associated collection 
process as an interim final rule, pursuant to which 
public comment will be sought and a final rule 
issued.’’. 
(b) ADJUSTMENTS.—Section 45301 is amended by 
adding at the end the following: 
‘‘(e) ADJUSTMENTS.—In addition to adjustments 
under subsection (b), the Administrator may periodically 
adjust the fees established under this section.’’. 
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SEC. 122. REGISTRATION FEES. 
(a) IN GENERAL.—Chapter 453 is amended by adding 
at the end the following: 
‘‘§ 45305. Registration, certification, and related fees 
‘‘(a) GENERAL AUTHORITY AND FEES.—Subject to 
subsection (b), the Administrator of the Federal Aviation 
Administration shall establish the following fees for services 
and activities of the Administration: 
‘‘(1) $130 for registering an aircraft. 
‘‘(2) $45 for replacing an aircraft registration. 
‘‘(3) $130 for issuing an original dealer’s air-
craft certificate. 
‘‘(4) $105 for issuing an aircraft certificate 
(other than an original dealer’s aircraft certificate). 
‘‘(5) $80 for issuing a special registration num-
ber. 
‘‘(6) $50 for issuing a renewal of a special reg-
istration number. 
‘‘(7) $130 for recording a security interest in an 
aircraft or aircraft part. 
‘‘(8) $50 for issuing an airman certificate. 
‘‘(9) $25 for issuing a replacement airman cer-
tificate. 
‘‘(10) $42 for issuing an airman medical certifi-
cate. 
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‘‘(11) $100 for providing a legal opinion per-
taining to aircraft registration or recordation. 
‘‘(b) LIMITATION ON COLLECTION.—No fee may be col-
lected under this section unless the expenditure of the fee 
to pay the costs of activities and services for which the fee 
is imposed is provided for in advance in an appropriations 
Act. 
‘‘(c) FEES
CREDITED
AS
OFFSETTING
COLLEC-
TIONS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
3302 of title 31, any fee authorized to be collected 
under this section shall— 
‘‘(A) be credited as offsetting collections to 
the account that finances the activities and serv-
ices for which the fee is imposed; 
‘‘(B) be available for expenditure only to 
pay the costs of activities and services for which 
the fee is imposed; and 
‘‘(C) remain available until expended. 
‘‘(2) CONTINUING
APPROPRIATIONS.—The Ad-
ministrator may continue to assess, collect, and spend 
fees established under this section during any period 
in which the funding for the Federal Aviation Admin-
istration is provided under an Act providing con-
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tinuing appropriations in lieu of the Administra-
tion’s regular appropriations. 
‘‘(3) ADJUSTMENTS.—The Administrator shall 
periodically adjust the fees established by subsection 
(a) when cost data from the cost accounting system 
developed pursuant to section 45303(e) reveal that the 
cost of providing the service is higher or lower than 
the cost data that were used to establish the fee then 
in effect.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
453 is amended by adding at the end the following: 
‘‘45305. Registration, certification, and related fees.’’. 
(c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR 
TRANSPORTATION.—Section 45302(e) is amended— 
(1) by striking ‘‘A fee’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—A fee’’; and 
(2) by adding at the end the following: 
‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.— 
A fee may not be imposed for a service or activity 
under this section during any period in which a fee 
for the same service or activity is imposed under sec-
tion 45305.’’. 
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Subtitle D—AIP Modifications 
SEC. 131. AMENDMENTS TO AIP DEFINITIONS. 
(a) AIRPORT DEVELOPMENT.—Section 47102(3) is 
amended— 
(1) in subparagraph (B)(iv) by striking ‘‘20’’ 
and inserting ‘‘9’’; and 
(2) by adding at the end the following: 
‘‘(M) construction of mobile refueler parking 
within a fuel farm at a nonprimary airport 
meeting the requirements of section 112.8 of title 
40, Code of Federal Regulations. 
‘‘(N) terminal development under section 
47119(a). 
‘‘(O) acquiring and installing facilities and 
equipment to provide air conditioning, heating, 
or electric power from terminal-based, non-exclu-
sive use facilities to aircraft parked at a public 
use airport for the purpose of reducing energy 
use or harmful emissions as compared to the pro-
vision of such air conditioning, heating, or elec-
tric power from aircraft-based systems.’’. 
(b) AIRPORT PLANNING.—Section 47102(5) is amend-
ed by inserting before the period at the end the following: 
‘‘, developing an environmental management system’’. 
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(c) GENERAL AVIATION AIRPORT.—Section 47102 is 
amended— 
(1) by redesignating paragraphs (23) through 
(25) as paragraphs (25) through (27), respectively; 
(2) by redesignating paragraphs (8) through (22) 
as paragraphs (9) through (23), respectively; and 
(3) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) ‘general aviation airport’ means a public 
airport that is located in a State and that, as deter-
mined by the Secretary— 
‘‘(A) does not have scheduled service; or 
‘‘(B) has scheduled service with less that 
2,500 passenger boardings each year.’’. 
(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.’’. 
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(e) TERMINAL DEVELOPMENT.—Section 47102 is fur-
ther amended by adding at the end the following: 
‘‘(28) ‘terminal development’ means— 
‘‘(A) development of— 
‘‘(i) an airport passenger terminal 
building, including terminal gates; 
‘‘(ii) access roads servicing exclusively 
airport traffic that leads directly to or from 
an airport passenger terminal building; and 
‘‘(iii) walkways that lead directly to or 
from an airport passenger terminal build-
ing; and 
‘‘(B) the cost of a vehicle described in sec-
tion 47119(a)(1)(B).’’. 
SEC. 132. SOLID WASTE RECYCLING PLANS. 
(a) 
AIRPORT
PLANNING.—Section 
47102(5) 
(as 
amended by section 131(b) of this Act) is amended by in-
serting before the period at the end the following: ‘‘, and 
planning to minimize the generation of, and to recycle, air-
port solid waste in a manner that is consistent with appli-
cable State and local recycling laws’’. 
(b) MASTER PLAN.—Section 47106(a) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
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(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) in any case in which the project is for an 
airport that has an airport master plan, the master 
plan addresses the feasibility of solid waste recycling 
at the airport and minimizing the generation of solid 
waste at the airport.’’. 
SEC. 133. AMENDMENTS TO GRANT ASSURANCES. 
(a) 
GENERAL
WRITTEN
ASSURANCES.—Section 
47107(a)(16)(D)(ii) is amended by inserting before the 
semicolon at the end the following: ‘‘, except in the case of 
a relocation or replacement of an existing airport facility 
that meets the conditions of section 47110(d)’’. 
(b) WRITTEN ASSURANCES ON ACQUIRING LAND.— 
(1) 
USE
OF
PROCEEDS.—Section 
47107(c)(2)(A)(iii) is amended by striking ‘‘paid to 
the Secretary’’ and all that follows before the semi-
colon and inserting ‘‘reinvested in another project at 
the airport or transferred to another airport as the 
Secretary prescribes under paragraph (4)’’. 
(2) ELIGIBLE
PROJECTS.—Section 47107(c) is 
amended by adding at the end the following: 
‘‘(4) PRIORITIES FOR REINVESTMENT.—In ap-
proving the reinvestment or transfer of proceeds under 
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subsection (c)(2)(A)(iii), the Secretary shall give pref-
erence, in descending order, to the following actions: 
‘‘(A) Reinvestment in an approved noise 
compatibility project. 
‘‘(B) Reinvestment in an approved project 
that is eligible for funding under section 
47117(e). 
‘‘(C) Reinvestment in an approved airport 
development project that is eligible for funding 
under section 47114, 47115, or 47117. 
‘‘(D) Transfer to a sponsor of another pub-
lic airport to be reinvested in an approved noise 
compatibility project at such airport. 
‘‘(E) Payment to the Secretary for deposit 
in the Airport and Airway Trust Fund.’’. 
(c) 
CLERICAL
AMENDMENT.—Section 
47107(c)(2)(B)(iii) is amended by striking ‘‘the Fund’’ and 
inserting ‘‘the Airport and Airway Trust Fund established 
under section 9502 of the Internal Revenue Code of 1986 
(26 U.S.C. 9502)’’. 
SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS. 
Section 47109 is amended— 
(1) in subsection (a) by striking ‘‘provided in 
subsection (b) or subsection (c) of this section’’ and 
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inserting ‘‘otherwise specifically provided in this sec-
tion’’; and 
(2) by adding at the end the following: 
‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL 
HUB TO MEDIUM HUB STATUS.—If the status of a small 
hub airport changes to a medium hub airport, the Govern-
ment’s share of allowable project costs for the airport may 
not exceed 90 percent for the first 2 fiscal years following 
such change in hub status. 
‘‘(f) SPECIAL RULE FOR ECONOMICALLY DEPRESSED 
COMMUNITIES.—The Government’s share of allowable 
project costs shall be 95 percent for a project at an airport 
that— 
‘‘(1) is receiving subsidized air service under 
subchapter II of chapter 417; and 
‘‘(2) is located in an area that meets one or more 
of the criteria established in section 301(a) of the 
Public Works and Economic Development Act of 1965 
(42 U.S.C. 3161(a)), as determined by the Secretary 
of Commerce.’’. 
SEC. 135. AMENDMENTS TO ALLOWABLE COSTS. 
(a) 
ALLOWABLE
PROJECT
COSTS.—Section 
47110(b)(2)(D) is amended to read as follows: 
‘‘(D) if the cost is for airport development and 
is incurred before execution of the grant agreement, 
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but in the same fiscal year as execution of the grant 
agreement, and if— 
‘‘(i) the cost was incurred before execution 
of the grant agreement due to the short construc-
tion season in the vicinity of the airport; 
‘‘(ii) the cost is in accordance with an air-
port layout plan approved by the Secretary and 
with all statutory and administrative require-
ments that would have been applicable to the 
project if the project had been carried out after 
execution of the grant agreement; 
‘‘(iii) the sponsor notifies the Secretary be-
fore authorizing work to commence on the 
project; and 
‘‘(iv) the sponsor’s decision to proceed with 
the project in advance of execution of the grant 
agreement does not affect the priority assigned to 
the project by the Secretary for the allocation of 
discretionary funds;’’. 
(b) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
Section 47110(d) is amended to read as follows: 
‘‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
The Secretary may determine that the costs of relocating 
or replacing an airport-owned facility are allowable for an 
airport development project at an airport only if— 
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‘‘(1) the Government’s share of such costs will be 
paid with funds apportioned to the airport sponsor 
under section 47114(c)(1) or 47114(d); 
‘‘(2) the Secretary determines that the relocation 
or replacement is required due to a change in the Sec-
retary’s design standards; and 
‘‘(3) the Secretary determines that the change is 
beyond the control of the airport sponsor.’’. 
(c) NONPRIMARY
AIRPORTS.—Section 47110(h) is 
amended— 
(1) by inserting ‘‘construction of’’ before ‘‘rev-
enue producing’’; and 
(2) by striking ‘‘, including fuel farms and hang-
ars,’’. 
SEC. 136. UNIFORM CERTIFICATION TRAINING FOR AIR-
PORT CONCESSIONS UNDER DISADVANTAGED 
BUSINESS ENTERPRISE PROGRAM. 
(a) IN GENERAL.—Section 47107(e) is amended— 
(1) by redesignating paragraph (8) as para-
graph (9); and 
(2) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) MANDATORY TRAINING PROGRAM FOR AIR-
PORT CONCESSIONS.— 
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‘‘(A) IN GENERAL.—Not later than one year 
after the date of enactment of the FAA Reauthor-
ization Act of 2009, the Secretary shall establish 
a mandatory training program for persons de-
scribed in subparagraph (C) on the certification 
of whether a small business concern in airport 
concessions qualifies as a small business concern 
owned and controlled by a socially and economi-
cally disadvantaged individual for purposes of 
paragraph (1). 
‘‘(B) IMPLEMENTATION.—The training pro-
gram may be implemented by one or more pri-
vate entities approved by the Secretary. 
‘‘(C) PARTICIPANTS.—A person referred to 
in paragraph (1) is an official or agent of an 
airport owner or operator who is required to 
provide a written assurance under paragraph 
(1) that the airport owner or operator will meet 
the percentage goal of paragraph (1) or who is 
responsible for determining whether or not a 
small business concern in airport concessions 
qualifies as a small business concern owned and 
controlled by a socially and economically dis-
advantaged individual for purposes of paragraph 
(1). 
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‘‘(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated 
such sums as may be necessary to carry out this 
paragraph.’’. 
(b) REPORT.—Not later than 24 months after the date 
of enactment of this Act, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and other ap-
propriate committees of Congress a report on the results of 
the training program conducted under the amendment 
made by subsection (a). 
SEC. 137. PREFERENCE FOR SMALL BUSINESS CONCERNS 
OWNED AND CONTROLLED BY DISABLED VET-
ERANS. 
Section 47112(c) is amended by adding at the end the 
following: 
‘‘(3) A contract involving labor for carrying out an 
airport development project under a grant agreement under 
this subchapter must require that a preference be given to 
the use of small business concerns (as defined in section 3 
of the Small Business Act (15 U.S.C. 1632)) owned and 
controlled by disabled veterans.’’. 
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SEC. 138. MINORITY AND DISADVANTAGED BUSINESS PAR-
TICIPATION. 
Section 47113 is amended by adding at the end the 
following: 
‘‘(e) PERSONAL NET WORTH CAP.— 
‘‘(1) REGULATIONS.—Not later than 180 days 
after the date of enactment of this subsection, the Sec-
retary shall issue final regulations to adjust the per-
sonal net worth cap used in determining whether an 
individual is economically disadvantaged for pur-
poses of qualifying under the definition contained in 
subsection (a)(2). The regulations shall correct for the 
impact of inflation since the Small Business Admin-
istration established the personal net worth cap at 
$750,000 in 1989. 
‘‘(2) ANNUAL ADJUSTMENT.—Following the ini-
tial adjustment under paragraph (1), the Secretary 
shall adjust, on June 30 of each year thereafter, the 
personal net worth cap to account for changes, occur-
ring in the preceding 12-month period, in the Con-
sumer Price Index of All Urban Consumers (United 
States city average, all items) published by the Sec-
retary of Labor.’’. 
SEC. 139. CALCULATION OF STATE APPORTIONMENT FUND. 
Section 47114(d) is amended— 
(1) in paragraph (2)— 
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(A) by striking ‘‘Except as provided in 
paragraph (3), the Secretary’’ and inserting 
‘‘The Secretary’’; and 
(B) by striking ‘‘18.5 percent’’ and insert-
ing ‘‘10 percent’’; and 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) ADDITIONAL AMOUNT.— 
‘‘(A) IN GENERAL.—In addition to amounts 
apportioned under paragraph (2), and subject to 
subparagraph (B), the Secretary shall apportion 
to each airport, excluding primary airports but 
including reliever and nonprimary commercial 
service airports, in States the lesser of— 
‘‘(i) $150,000; or 
‘‘(ii) 1⁄5 of the most recently published 
estimate of the 5-year costs for airport im-
provement for the airport, as listed in the 
national plan of integrated airport systems 
developed by the Federal Aviation Adminis-
tration under section 47103. 
‘‘(B) REDUCTION.—In any fiscal year in 
which the total amount made available for ap-
portionment under paragraph (2) is less than 
$300,000,000, the Secretary shall reduce, on a 
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prorated basis, the amount to be apportioned 
under subparagraph (A) and make such reduc-
tion available to be apportioned under para-
graph (2), so as to apportion under paragraph 
(2) a minimum of $300,000,000.’’. 
SEC. 140. REDUCING APPORTIONMENTS. 
Section 47114(f)(1) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(2) in subparagraph (B)— 
(A) by inserting ‘‘except as provided by sub-
paragraph (C),’’ before ‘‘in the case’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) in the case of a charge of more than 
$4.50 imposed by the sponsor of an airport en-
planing at least one percent of the total number 
of boardings each year in the United States, 100 
percent of the projected revenues from the charge 
in the fiscal year but not more than 100 percent 
of the amount that otherwise would be appor-
tioned under this section.’’. 
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SEC. 141. MINIMUM AMOUNT FOR DISCRETIONARY FUND. 
Section 47115(g)(1) is amended by striking ‘‘sum 
of—’’ and all that follows through the period at the end 
of subparagraph (B) and inserting ‘‘sum of $520,000,000.’’. 
SEC. 142. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 
Section 47115(j) is amended by striking ‘‘fiscal years 
2004 through 2008, and for the portion of fiscal year 2009 
ending before April 1, 2009,’’ and inserting, ‘‘fiscal years 
2008 through 2012,’’. 
SEC. 143. USE OF APPORTIONED AMOUNTS. 
Section 47117(e)(1)(A) is amended— 
(1) in the first sentence— 
(A) by striking ‘‘35 percent’’ and inserting 
‘‘$300,000,000’’; 
(B) by striking ‘‘and’’ after ‘‘47141,’’; and 
(C) by inserting before the period at the end 
the following: ‘‘, and for water quality mitiga-
tion projects to comply with the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.) as 
approved in an environmental record of decision 
for an airport development project under this 
title’’; and 
(2) in the second sentence by striking ‘‘such 35 
percent requirement is’’ and inserting ‘‘the require-
ments of the preceding sentence are’’. 
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SEC. 144. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR. 
(a) IN GENERAL.—Section 47133(b) is amended— 
(1) by striking ‘‘Subsection (a) shall not apply 
if’’ and inserting the following: 
‘‘(1) PRIOR
LAWS
AND
AGREEMENTS.—Sub-
section (a) shall not apply if’’; and 
(2) by adding at the end the following: 
‘‘(2) SALE
OF
PRIVATE
AIRPORT
TO
PUBLIC 
SPONSOR.—In the case of a privately owned airport, 
subsection (a) shall not apply to the proceeds from the 
sale of the airport to a public sponsor if— 
‘‘(A) the sale is approved by the Secretary; 
‘‘(B) funding is provided under this subtitle 
for any portion of the public sponsor’s acquisi-
tion of airport land; and 
‘‘(C) an amount equal to the remaining 
unamortized portion of any airport improvement 
grant made to that airport for purposes other 
than land acquisition, amortized over a 20-year 
period, plus an amount equal to the Federal 
share of the current fair market value of any 
land acquired with an airport improvement 
grant made to that airport on or after October 
1, 1996, is repaid to the Secretary by the private 
owner. 
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‘‘(3) TREATMENT OF REPAYMENTS.—Repayments 
referred to in paragraph (2)(C) shall be treated as a 
recovery of prior year obligations.’’. 
(b) APPLICABILITY
TO GRANTS.—The amendments 
made by subsection (a) shall apply to grants issued on or 
after October 1, 1996. 
SEC. 145. AIRPORT PRIVATIZATION PILOT PROGRAM. 
(a) APPROVAL REQUIREMENTS.—Section 47134 is 
amended 
in 
subsections 
(b)(1)(A)(i), 
(b)(1)(A)(ii), 
(c)(4)(A), and (c)(4)(B) by striking ‘‘65 percent’’ each place 
it appears and inserting ‘‘75 percent’’. 
(b) PROHIBITION ON RECEIPT OF FUNDS.— 
(1) SECTION 47134.—Section 47134 is amended 
by adding at the end the following: 
‘‘(n) PROHIBITION ON RECEIPT OF CERTAIN FUNDS.— 
An airport receiving an exemption under subsection (b) 
shall be prohibited from receiving apportionments under 
section 47114 or discretionary funds under section 47115.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
47134(g) is amended— 
(A) in the subsection heading by striking 
‘‘APPORTIONMENTS;’’; 
(B) in paragraph (1) by striking the semi-
colon at the end and inserting ‘‘; or’’; 
(C) by striking paragraph (2); and 
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(D) by redesignating paragraph (3) as 
paragraph (2). 
(c) FEDERAL SHARE OF PROJECT COSTS.—Section 
47109(a) is amended— 
(1) by striking the semicolon at the end of para-
graph (3) and inserting ‘‘; and’’; 
(2) by striking paragraph (4); and 
(3) by redesignating paragraph (5) as para-
graph (4). 
SEC. 146. AIRPORT SECURITY PROGRAM. 
(a) GENERAL
AUTHORITY.—Section 47137(a) is 
amended by inserting ‘‘, in consultation with the Secretary 
of Homeland Security,’’ after ‘‘Transportation’’. 
(b) IMPLEMENTATION.—Section 47137(b) is amended 
to read as follows: 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—In carrying out this section, 
the Secretary of Transportation shall provide funding 
through a grant, contract, or another agreement de-
scribed in section 106(l)(6) to a nonprofit consortium 
that— 
‘‘(A) is composed of public and private per-
sons, including an airport sponsor; and 
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‘‘(B) has at least 10 years of demonstrated 
experience in testing and evaluating anti-ter-
rorist technologies at airports. 
‘‘(2) PROJECT SELECTION.—The Secretary shall 
select projects under this subsection that— 
‘‘(A) evaluate and test the benefits of inno-
vative aviation security systems or related tech-
nology, including explosives detection systems, 
for the purpose of improving aviation and air-
craft physical security, access control, and pas-
senger and baggage screening; and 
‘‘(B) provide testing and evaluation of air-
port security systems and technology in an oper-
ational, testbed environment.’’. 
(c) MATCHING SHARE.—Section 47137(c) is amended 
by inserting after ‘‘section 47109’’ the following: ‘‘or any 
other provision of law’’. 
(d) ADMINISTRATION.—Section 47137(e) is amended 
by adding at the end the following: ‘‘The Secretary may 
enter into an agreement in accordance with section 106(m) 
to provide for the administration of any project under the 
program.’’. 
(e) ELIGIBLE SPONSOR.—Section 47137 is amended 
by striking subsection (f) and redesignating subsection (g) 
as subsection (f). 
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(f) AUTHORIZATION
OF APPROPRIATIONS.—Section 
47137(f) (as so redesignated) is amended by striking 
‘‘$5,000,000’’ and inserting ‘‘$8,500,000’’. 
SEC. 147. SUNSET OF PILOT PROGRAM FOR PURCHASE OF 
AIRPORT DEVELOPMENT RIGHTS. 
Section 47138 is amended by adding at the end the 
following: 
‘‘(f) SUNSET.—This section shall not be in effect after 
September 30, 2008.’’. 
SEC. 148. EXTENSION OF GRANT AUTHORITY FOR COMPAT-
IBLE LAND USE PLANNING AND PROJECTS BY 
STATE AND LOCAL GOVERNMENTS. 
Section 47141(f) is amended by striking ‘‘March 31, 
2009’’ and inserting ‘‘September 30, 2012’’. 
SEC. 149. REPEAL OF LIMITATIONS ON METROPOLITAN 
WASHINGTON AIRPORTS AUTHORITY. 
Section 49108, and the item relating to such section 
in the analysis for chapter 491, are repealed. 
SEC. 150. MIDWAY ISLAND AIRPORT. 
Section 186(d) of the Vision 100—Century of Aviation 
Reauthorization Act (117 Stat. 2518) is amended by strik-
ing ‘‘for fiscal years ending before October 1, 2008, and for 
the portion of fiscal year 2009 ending before April 1, 2009,’’ 
and inserting ‘‘October 1, 2012,’’. 
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SEC. 151. PUERTO RICO MINIMUM GUARANTEE. 
Section 47114(e) is amended— 
(1) in the subsection heading by inserting ‘‘AND 
PUERTO RICO’’ after ‘‘ALASKA’’; and 
(2) by adding at the end the following: 
‘‘(5) PUERTO
RICO
MINIMUM
GUARANTEE.—In 
any fiscal year in which the total amount appor-
tioned to airports in Puerto Rico under subsections 
(c) and (d) is less than 1.5 percent of the total 
amount apportioned to all airports under subsections 
(c) and (d), the Secretary shall apportion to the Puer-
to Rico Ports Authority for airport development 
projects in such fiscal year an amount equal to the 
difference between 1.5 percent of the total amounts 
apportioned under subsections (c) and (d) in such fis-
cal year and the amount otherwise apportioned under 
subsections (c) and (d) to airports in Puerto Rico in 
such fiscal year.’’. 
SEC. 152. MISCELLANEOUS AMENDMENTS. 
(a) TECHNICAL CHANGES TO NATIONAL PLAN OF IN-
TEGRATED AIRPORT SYSTEMS.—Section 47103 is amend-
ed— 
(1) in subsection (a)— 
(A) by striking ‘‘each airport to—’’ and in-
serting ‘‘the airport system to—’’; 
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(B) in paragraph (1) by striking ‘‘system 
in the particular area;’’ and inserting ‘‘system, 
including connection to the surface transpor-
tation network; and’’; 
(C) in paragraph (2) by striking ‘‘; and’’ 
and inserting a period; and 
(D) by striking paragraph (3); 
(2) in subsection (b)— 
(A) in paragraph (1) by striking the semi-
colon and inserting ‘‘; and’’; 
(B) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2); and 
(C) in paragraph (2) (as so redesignated) 
by striking ‘‘, Short Takeoff and Landing/Very 
Short Takeoff and Landing aircraft operations,’’; 
and 
(3) in subsection (d) by striking ‘‘status of the’’. 
(b) UPDATE VETERANS PREFERENCE DEFINITION.— 
Section 47112(c) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B) by striking ‘‘sepa-
rated from’’ and inserting ‘‘discharged or re-
leased from active duty in’’; and 
(B) by adding at the end the following: 
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‘‘(C) ‘Afghanistan-Iraq war veteran’ means an 
individual who served on active duty (as defined by 
section 101 of title 38) in the Armed Forces for a pe-
riod of more than 180 consecutive days, any part of 
which occurred during the period beginning on Sep-
tember 11, 2001, and ending on the date prescribed 
by presidential proclamation or by law as the last 
date of Operation Iraqi Freedom, and who was sepa-
rated from the Armed Forces under honorable condi-
tions.’’; and 
(2) in paragraph (2) by striking ‘‘veterans and’’ 
and inserting ‘‘veterans, Afghanistan-Iraq war vet-
erans, and’’. 
(c) CONSOLIDATION
OF
TERMINAL
DEVELOPMENT 
PROVISIONS.—Section 47119 is amended— 
(1) by redesignating subsections (a), (b), (c), and 
(d) as subsections (b), (c), (d), and (e), respectively; 
and 
(2) by inserting before subsection (b) (as so re-
designated) the following: 
‘‘(a) TERMINAL DEVELOPMENT PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may approve 
a project for terminal development (including 
multimodal terminal development) in a nonrevenue- 
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producing public-use area of a commercial service 
airport— 
‘‘(A) if the sponsor certifies that the airport, 
on the date the grant application is submitted to 
the Secretary, has— 
‘‘(i) all the safety equipment required 
for certification of the airport under section 
44706; 
‘‘(ii) all the security equipment re-
quired by regulation; and 
‘‘(iii) provided for access by passengers 
to the area of the airport for boarding or 
exiting aircraft that are not air carrier air-
craft; 
‘‘(B) if the cost is directly related to moving 
passengers and baggage in air commerce within 
the airport, including vehicles for moving pas-
sengers between terminal facilities and between 
terminal facilities and aircraft; and 
‘‘(C) under terms necessary to protect the 
interests of the Government. 
‘‘(2) PROJECT
IN
REVENUE-PRODUCING
AREAS 
AND
NONREVENUE-PRODUCING
PARKING
LOTS.—In 
making a decision under paragraph (1), the Secretary 
may approve as allowable costs the expenses of ter-
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minal development in a revenue-producing area and 
construction, reconstruction, repair, and improvement 
in a nonrevenue-producing parking lot if— 
‘‘(A) 
except 
as 
provided 
in 
section 
47108(e)(3), the airport does not have more than 
.05 percent of the total annual passenger 
boardings in the United States; and 
‘‘(B) the sponsor certifies that any needed 
airport development project affecting safety, secu-
rity, or capacity will not be deferred because of 
the Secretary’s approval.’’; 
(3) in paragraphs (3) and (4)(A) of subsection 
(b) (as redesignated by paragraph (1) of this sub-
section) by striking ‘‘section 47110(d)’’ and inserting 
‘‘subsection (a)’’; 
(4) in paragraph (5) of subsection (b) (as redes-
ignated by paragraph (1) of this subsection) by strik-
ing ‘‘subsection (b)(1) and (2)’’ and inserting ‘‘sub-
sections (c)(1) and (c)(2)’’; 
(5) in paragraphs (2)(A), (3), and (4) of sub-
section (c) (as redesignated by paragraph (1) of this 
subsection) by striking ‘‘section 47110(d) of this title’’ 
and inserting ‘‘subsection (a)’’; 
(6) in paragraph (2)(B) of subsection (c) (as re-
designated by paragraph (1) of this subsection) by 
VerDate Nov 24 2008 
23:31 May 19, 2009
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