II 
112TH CONGRESS 
1ST SESSION 
H. R. 658 
IN THE SENATE OF THE UNITED STATES 
APRIL 4, 2011 
Received 
AN ACT 
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.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendments to title 49, United States Code. 
Sec. 3. Effective date. 
TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA Programs 
Sec. 101. Airport planning and development and noise compatibility planning 
and programs. 
Sec. 102. Air navigation facilities and equipment. 
Sec. 103. FAA operations. 
Sec. 104. 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. 
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Sec. 142. Special apportionment rules. 
Sec. 143. Puerto Rico minimum guarantee. 
Sec. 144. Apportionments. 
Sec. 145. Reducing apportionments. 
Sec. 146. Marshall Islands, Micronesia, and Palau. 
Sec. 147. Designating current and former military airports. 
Sec. 148. Contract tower program. 
Sec. 149. Resolution of disputes concerning airport fees. 
Sec. 150. Sale of private airports to public sponsors. 
Sec. 151. Repeal of certain limitations on Metropolitan Washington Airports 
Authority. 
Sec. 152. Midway Island Airport. 
Sec. 153. Miscellaneous amendments. 
Sec. 154. Extension of grant authority for compatible land use planning and 
projects by State and local governments. 
Sec. 155. Priority review of construction projects in cold weather States. 
Sec. 156. Study on national plan of integrated airport systems. 
Sec. 157. Transfers of terminal area air navigation equipment to airport spon-
sors. 
Sec. 158. 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 De-
velopment 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. Airspace redesign. 
Sec. 219. Study on feasibility of development of a public internet web-based re-
source on locations of potential aviation obstructions. 
Sec. 220. NextGen research and development center of excellence. 
Sec. 221. NextGen public-private partnerships. 
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. 
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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 Standards Evaluation Program. 
Sec. 309. Cockpit smoke. 
Sec. 310. Safety of air ambulance operations. 
Sec. 311. Off-airport, low-altitude aircraft weather observation technology. 
Sec. 312. Feasibility of requiring helicopter pilots to use night vision goggles. 
Sec. 313. Prohibition on personal use of electronic devices on flight deck. 
Sec. 314. Noncertificated maintenance providers. 
Sec. 315. Inspection of foreign repair stations. 
Sec. 316. Sunset of line check. 
Subtitle B—Unmanned Aircraft Systems 
Sec. 321. Definitions. 
Sec. 322. Civil unmanned aircraft systems integration plan. 
Sec. 323. Special rules for certain unmanned aircraft systems. 
Sec. 324. Public unmanned aircraft systems. 
Sec. 325. Safety studies. 
Sec. 326. 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. 
Sec. 336. Certain existing flight time limitations and rest requirements. 
Sec. 337. Disclosure and use of information. 
Sec. 338. Liability protection for persons implementing safety management sys-
tems. 
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. 
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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. 
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 
facilities. 
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 
arising 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 authority to conduct criminal history record checks. 
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 un-
necessary reports; use of electronic media format. 
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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. 
Sec. 814. Air transportation of lithium cells and batteries. 
Sec. 815. Use of mineral revenue at certain airports. 
Sec. 816. Liability protection for volunteer pilot nonprofit organizations that fly 
for public benefit and to pilots and staff of such nonprofit or-
ganizations. 
Sec. 817. Aircraft situational display to industry. 
Sec. 818. Contracting. 
Sec. 819. Flood planning. 
Sec. 820. Termination of certain restrictions for Burke Lakefront Airport. 
Sec. 821. Santa Monica Airport, California. 
Sec. 822. Inspector General report on participation in FAA programs by dis-
advantaged small business concerns. 
Sec. 823. Historical aircraft documents. 
Sec. 824. Release from restrictions. 
Sec. 825. Sense of Congress. 
Sec. 826. Issuing regulations. 
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. 
TITLE X—FEDERAL AVIATION RESEARCH AND DEVELOPMENT 
REAUTHORIZATION ACT OF 2011 
Sec. 1001. Short title. 
Sec. 1002. Definitions. 
Sec. 1003. Authorization of appropriations. 
Sec. 1004. Unmanned aircraft systems. 
Sec. 1005. Research program on runways. 
Sec. 1006. Research on design for certification. 
Sec. 1007. Airport cooperative research program. 
Sec. 1008. Centers of excellence. 
Sec. 1009. Center of excellence for aviation human resource research. 
Sec. 1010. Interagency research on aviation and the environment. 
Sec. 1011. Aviation fuel research and development program. 
Sec. 1012. Research program on alternative jet fuel technology for civil aircraft. 
Sec. 1013. Review of FAA’s energy- and environment-related research pro-
grams. 
Sec. 1014. Review of FAA’s aviation safety-related research programs. 
TITLE XI—AIRPORT AND AIRWAY TRUST FUND FINANCING 
Sec. 1101. Short title. 
Sec. 1102. Extension of Airport and Airway Trust Fund expenditure authority. 
Sec. 1103. Extension of taxes funding Airport and Airway Trust Fund. 
TITLE XII—COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT 
OF 2010 
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Sec. 1201. Compliance provision. 
TITLE XIII—COMMERCIAL SPACE 
Sec. 1301. Commercial space launch license requirements. 
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 
provision, 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: 
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‘‘§ 48103. Airport planning and development and 
noise compatibility planning and pro-
grams 
‘‘(a) IN GENERAL.—There shall be available to the 
Secretary 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 
and airport development under section 47104, airport 
noise compatibility planning under section 47505(a)(2), 
and carrying out noise compatibility programs under sec-
tion 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 Air-
port Cooperative Research Program or the Airports Tech-
nology Research Program.’’. 
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) 
is amended by striking ‘‘March 31, 2011’’ and inserting 
‘‘September 30, 2014’’. 
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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. 
‘‘(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— 
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(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 
redesignated) by striking ‘‘2004 through 2007’’ and 
inserting ‘‘2011 through 2014’’. 
(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 ap-
propriated under paragraph (1) are insufficient to 
meet the salary, operations, and maintenance ex-
penses 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).’’. 
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SEC. 104. FUNDING FOR AVIATION PROGRAMS. 
(a) AIRPORT
AND AIRWAY TRUST FUND GUAR-
ANTEE.—Section 48114(a)(1)(A) is amended to read as 
follows: 
‘‘(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 re-
ceipts plus interest credited to the Airport 
and Airway Trust Fund for that fiscal 
year; and 
‘‘(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 sec-
ond preceding fiscal year minus the 
total amount made available for obli-
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gation 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 INTER-
EST 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 
‘‘2014’’. 
SEC. 105. DELINEATION OF NEXT GENERATION AIR TRANS-
PORTATION SYSTEM PROJECTS. 
Section 44501(b) is amended— 
(1) in paragraph (3) by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (4)(B) by striking ‘‘defense.’’ 
and inserting ‘‘defense; and’’; and 
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cation, 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 chap-
ter 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 amend-
ed to read as follows: 
‘‘(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— 
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(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 
subsection (m) by striking ‘‘FEES’’ and insert-
ing ‘‘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 ap-
pears 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 sec-
tions: 
(A) Section 47106(f)(1). 
(B) Section 47110(e)(5). 
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(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 estab-
lish a pilot program under which the Secretary may 
authorize, at no more than 5 airports, a passenger 
facility 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 
DEFINED.—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 
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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.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided by clause (ii), the Secretary shall de-
termine the projected use of a project for 
purposes of subparagraph (A) at the time 
the project is approved under this sub-
section. 
‘‘(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-
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eral Transit Administration, the Secretary 
shall use the travel forecasting model for 
the project at the time the project is ap-
proved by the Federal Transit Administra-
tion to enter preliminary engineering to de-
termine 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 
conduct a study of alternative means of collecting pas-
senger 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 conducting the study, the Comptroller General 
shall consider, at a minimum— 
(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 1 year after the date 
of enactment of this Act, the Comptroller General shall 
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submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives a report on the study, including the Comp-
troller General’s findings, conclusions, and recommenda-
tions. 
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 exper-
tise. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that airports should consider the use of qualifica-
tions-based selection in carrying out capital improvement 
projects funded using passenger facility charges collected 
under section 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.— 
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‘‘(1) IN GENERAL.—In establishing and adjust-
ing fees under this section, the Administrator shall 
ensure that the fees are reasonably related to the 
Administration’s costs, as determined by the Admin-
istrator, of providing the services rendered. 
‘‘(2) SERVICES FOR WHICH COSTS MAY BE RE-
COVERED.—Services for which costs may be recov-
ered under this section include the costs of air traf-
fic control, navigation, weather services, training, 
and emergency services that 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 Adminis-
trator, 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 pro-
vision of law, the following actions and other matters 
shall not be subject to judicial review: 
‘‘(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 
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by the Administrator when reaching such deter-
mination. 
‘‘(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 alloca-
tion. 
‘‘(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 
section shall require the Administrator to take into 
account aircraft altitude in establishing any fee for 
aircraft 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 associ-
ated with 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 
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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 
amended by adding at the end the following: 
‘‘(e) ADJUSTMENT OF FEES.—In addition to adjust-
ments under subsection (b), the Administrator may peri-
odically adjust the fees established under this section.’’. 
SEC. 122. REGISTRATION FEES. 
(a) IN GENERAL.—Chapter 453 is amended by add-
ing 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 Administra-
tion 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. 
‘‘(3) Issuing an original dealer’s aircraft reg-
istration certificate. 
‘‘(4) Issuing an additional dealer’s aircraft reg-
istration certificate (other than the original). 
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‘‘(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 
collected 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 appro-
priations 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 
services for which the fee is imposed; 
‘‘(B) be available for expenditure only to 
pay the costs of activities and services for which 
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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 
Administration is provided under an Act providing 
continuing 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 high-
er or lower than was indicated by the cost data used 
to establish such fee.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 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: 
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‘‘(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 im-
posed under section 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: 
‘‘(4) AEROTROPOLIS
TRANSPORTATION
SYS-
TEMS.—Encourage the development of aerotropolis 
transportation systems, which are planned and co-
ordinated multimodal freight and passenger trans-
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portation networks that, as determined by the Sec-
retary, provide efficient, cost-effective, sustainable, 
and intermodal connectivity to a defined region of 
economic significance centered around a major air-
port.’’. 
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 
‘‘aircraft,’’; and 
(3) by adding at the end the following: 
‘‘(M) construction of mobile refueler park-
ing 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, nonexclu-
sive use facilities to aircraft parked at a public 
use airport for the purpose of reducing energy 
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use or harmful emissions as compared to the 
provision of such air conditioning, heating, or 
electric power from aircraft-based systems.’’. 
(b) AIRPORT
PLANNING.—Section 47102(5) is 
amended 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 
recycling 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 
(3) by inserting after paragraph (7) the fol-
lowing: 
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‘‘(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 
facilities 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 
amended by adding at the end the following: 
‘‘(28) ‘terminal development’ means— 
‘‘(A) development of— 
‘‘(i) an airport passenger terminal 
building, including terminal gates; 
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‘‘(ii) access roads servicing exclusively 
airport traffic that leads directly to or 
from an airport passenger terminal build-
ing; 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, 
including— 
‘‘(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 facil-
ity 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 
proceeds under paragraph (2)(A)(iii), the Secretary shall 
give preference, in descending order, to the following ac-
tions: 
‘‘(A) Reinvestment in an approved noise com-
patibility project. 
‘‘(B) Reinvestment in an approved project that 
is eligible for funding under section 47117(e). 
‘‘(C) Reinvestment in an approved airport de-
velopment project that is eligible for funding under 
section 47114, 47115, or 47117. 
‘‘(D) Transfer to a sponsor of another public 
airport to be reinvested in an approved noise com-
patibility 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 estab-
lished under section 9502 of the Internal Revenue Code 
of 1986’’. 
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(d) EXTENSION
OF
COMPETITIVE
ACCESS
RE-
PORTS.—Section 47107(s) is amended by striking para-
graph (3). 
SEC. 137. AGREEMENTS GRANTING THROUGH-THE-FENCE 
ACCESS TO GENERAL AVIATION AIRPORTS. 
(a) IN GENERAL.—Section 47107 is amended by 
adding 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 
considered to be in violation of this subtitle, or to be 
in violation of a grant assurance made under this 
section or under any other provision of law as a con-
dition 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 or 
near the airport access 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 de-
scribed in paragraph (1) between an airport 
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sponsor and a property owner (or an associa-
tion representing such property owner) shall be 
a written agreement that prescribes the rights, 
responsibilities, charges, duration, and other 
terms the airport sponsor determines are nec-
essary to establish and manage the airport 
sponsor’s relationship with the property owner. 
‘‘(B) TERMS AND CONDITIONS.—An agree-
ment described in paragraph (1) between an 
airport sponsor and a property owner (or an as-
sociation representing such 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 or near the airport 
access to the airfield of the airport; 
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‘‘(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 
sponsor and a property owner (or an association rep-
resenting such 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 
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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. 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 
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execution of the grant agreement, including 
submission of a complete grant application to 
the appropriate regional or district office of the 
Federal Aviation Administration; 
‘‘(iii) the sponsor notifies the Secretary be-
fore authorizing work to commence on the 
project; 
‘‘(iv) the sponsor has an alternative fund-
ing source available to fund the project; and 
‘‘(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 alloca-
tion of discretionary funds;’’. 
(b) INCLUSION OF MEASURES TO IMPROVE EFFI-
CIENCY OF AIRPORT BUILDINGS IN AIRPORT IMPROVE-
MENT 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 cri-
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teria for being considered a high-performance green 
building 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 air-
port development; 
‘‘(B) the measure is for an airport building 
that is otherwise eligible for construction assist-
ance under this subchapter; and 
‘‘(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
FACILI-
TIES.—The Secretary may determine that the costs of re-
locating or replacing an airport-owned facility are allow-
able 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 spon-
sor under section 47114(c)(1) or 47114(d); 
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‘‘(2) the Secretary determines that the reloca-
tion or replacement is required due to a change in 
the Secretary’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 
hangars,’’. 
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 
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date prescribed by presidential proclamation or by 
law as the last day of Operation Enduring Freedom, 
Operation 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 indi-
vidual who served on active duty in the Armed 
Forces in the Southwest Asia theater of operations 
during the Persian Gulf War for more than 180 con-
secutive days, any part of which occurred after Au-
gust 2, 1990, and before the date prescribed by 
presidential proclamation 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’’. 
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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 1 year after 
the date of enactment of this subsection, the Sec-
retary shall establish a mandatory training program 
for persons described in paragraph (3) to provide 
streamlined training on certifying whether a small 
business concern qualifies as a small business con-
cern owned and controlled by socially and economi-
cally disadvantaged individuals under this section 
and section 47107(e). 
‘‘(2) IMPLEMENTATION.—The training program 
may be implemented by one or more private entities 
approved by the Secretary. 
‘‘(3) PARTICIPANTS.—A person referred to in 
paragraph (1) is an official or agent of an airport 
sponsor— 
‘‘(A) who is required to provide a written 
assurance 
under 
this 
section 
or 
section 
47107(e) that the airport owner or operator will 
meet the percentage goal of subsection (b) of 
this section or section 47107(e)(1), as the case 
may be; or 
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‘‘(B) who is responsible for determining 
whether or not a small business concern quali-
fies as a small business concern owned and con-
trolled by socially and economically disadvan-
taged individuals under this section or section 
47107(e).’’. 
SEC. 142. SPECIAL APPORTIONMENT RULES. 
(a) ELIGIBILITY TO RECEIVE PRIMARY AIRPORT 
MINIMUM APPORTIONMENT AMOUNT.—Section 47114(d) 
is amended by adding at the end the following: 
‘‘(7) ELIGIBILITY
TO
RECEIVE
PRIMARY
AIR-
PORT
MINIMUM
APPORTIONMENT
AMOUNT.—Not-
withstanding any other provision of this subsection, 
the Secretary may apportion to an airport sponsor 
in a fiscal year an amount equal to the minimum ap-
portionment 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 
calculate the apportionment; and 
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‘‘(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 
passenger boardings and scheduled passenger 
aircraft service in calendar year 2007, but in ei-
ther calendar year 2009 or 2010, or in both 
years, the number of passenger boardings de-
creased to a level below 10,000 boardings per 
year at such airport, the Secretary may appor-
tion in each of fiscal years 2011 and 2012 to 
the sponsor of such airport an amount equal to 
the amount apportioned to that sponsor in fis-
cal year 2009.’’. 
SEC. 143. PUERTO RICO MINIMUM GUARANTEE. 
Section 47114 is amended by adding at the end the 
following: 
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‘‘(g) SUPPLEMENTAL APPORTIONMENT FOR PUERTO 
RICO.—The Secretary shall apportion amounts for air-
ports in Puerto Rico in accordance with this section. This 
subsection does not prohibit the Secretary from making 
project grants for airports in Puerto Rico from the discre-
tionary fund under section 47115.’’. 
SEC. 144. APPORTIONMENTS. 
Chapter 
471 
is 
amended 
by 
striking 
‘‘$3,200,000,000’’ and inserting ‘‘$3,000,000,000’’ in 
each of the following sections: 
(1) 47114(c)(1)(C). 
(2) 47114(c)(2)(C). 
(3) 47114(d)(3). 
(4) 47114(e)(4). 
(5) 47117(e)(1)(C). 
SEC. 145. REDUCING APPORTIONMENTS. 
Section 47114(f)(1) is amended by striking subpara-
graphs (A) and (B) and inserting the following: 
‘‘(A) in the case of a charge of $3.00 or 
less— 
‘‘(i) except as provided in clause (ii), 
50 percent of the projected revenues from 
the charge in the fiscal year but not by 
more than 50 percent of the amount that 
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from the charge in the fiscal year but not 
by more than 75 percent of the excess of— 
‘‘(I) the amount that otherwise 
would be apportioned under this sec-
tion; over 
‘‘(II) the amount equal to the 
amount specified in subclause (I) mul-
tiplied by the percentage of the total 
passenger boardings at the applicable 
airport that are comprised of inter-
island passengers.’’. 
SEC. 146. 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. 147. DESIGNATING CURRENT AND FORMER MILITARY 
AIRPORTS. 
(a) CONSIDERATIONS.—Section 47118(c) is amend-
ed— 
(1) in paragraph (1) by striking ‘‘or’’ after the 
semicolon; 
(2) in paragraph (2) by striking ‘‘delays.’’ and 
inserting ‘‘delays; or’’; and 
(3) by adding at the end the following: 
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‘‘(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
AIR-
PORTS.—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 installa-
tions’’. 
(c) SAFETY-CRITICAL AIRPORTS.—Section 47118 is 
amended by adding at the end the following: 
‘‘(h) SAFETY-CRITICAL AIRPORTS.—Notwithstanding 
any other provision of this chapter, a grant under section 
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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 Regula-
tions.’’. 
SEC. 148. 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 sub-
section (a) for towers existing on December 30, 
1987, and shall extend the program to other 
low activity air traffic control towers for which 
a qualified entity (as determined by the Sec-
retary), a State, or a subdivision of the State 
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meeting the requirements set forth by the Sec-
retary has requested to participate in the pro-
gram. 
‘‘(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 jurisdiction over the airport shall not be 
required to pay the portion of the costs that ex-
ceeds the benefit for a period of 18 months 
after such determination 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 
allocated under clause (i) for an airport 
certified 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. 
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‘‘(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 
during a fiscal year, the Secretary may use, 
during such fiscal year, the amount not so re-
quired to carry out the program continued 
under paragraph (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. 149. RESOLUTION OF DISPUTES CONCERNING AIR-
PORT FEES. 
(a) IN GENERAL.—Section 47129 is amended— 
(1) by striking the section heading and insert-
ing the following: 
‘‘§ 47129. Resolution of disputes concerning airport 
fees’’; 
(2) by inserting ‘‘AND FOREIGN AIR CARRIER’’ 
after ‘‘CARRIER’’ in the heading for subsection (d); 
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‘‘(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 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 improve-
ment 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 improve-
ment grant made to that airport on or after Oc-
tober 1, 1996, is repaid to the Secretary by the 
private owner. 
‘‘(3) TREATMENT
OF
REPAYMENTS.—Repay-
ments referred to in paragraph (2)(C) shall be treat-
ed 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. 151. 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. 152. MIDWAY ISLAND AIRPORT. 
Section 186(d) of the Vision 100—Century of Avia-
tion Reauthorization Act (117 Stat. 2518) is amended by 
striking ‘‘October 1, 2010, and for the portion of fiscal 
year 2011 ending before April 1, 2011,’’ and inserting 
‘‘October 1, 2014,’’. 
SEC. 153. MISCELLANEOUS AMENDMENTS. 
(a) TECHNICAL CHANGES TO NATIONAL PLAN OF 
INTEGRATED
AIRPORT
SYSTEMS.—Section 47103 is 
amended— 
(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 oper-
ations,’’; 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), respec-
tively; 
(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— 
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‘‘(A) if the sponsor certifies that the air-
port, on the date the grant application is sub-
mitted to the Secretary, has— 
‘‘(i) all the safety equipment required 
for certification of the airport under sec-
tion 44706; 
‘‘(ii) all the security equipment re-
quired by regulation; and 
‘‘(iii) provided for access by pas-
sengers to the area of the airport for 
boarding or exiting aircraft that are not 
air carrier aircraft; 
‘‘(B) if the cost is directly related to mov-
ing passengers and baggage in air commerce 
within the airport, including vehicles for moving 
passengers between terminal facilities and be-
tween 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 Sec-
retary may approve as allowable costs the expenses 
of terminal development in a revenue-producing area 
and construction, reconstruction, repair, and im-
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provement 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, se-
curity, 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 re-
designated by paragraph (1) of this subsection) by 
striking ‘‘section 47110(d)’’ and inserting ‘‘sub-
section (a)’’; 
(5) in subsection (b)(5) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘sub-
section (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 sub-
section) by striking ‘‘section 47110(d) of this title’’ 
and inserting ‘‘subsection (a)’’; 
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(7) in subsection (c)(2)(B) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘sec-
tion 47110(d)’’ and inserting ‘‘subsection (a)’’; 
(8) in subsection (c)(5) (as redesignated by 
paragraph (1) of this subsection) by striking ‘‘sec-
tion 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 amend-
ed— 
(1) by striking ‘‘April 1’’ and inserting ‘‘June 
1’’; and 
(2) by striking paragraphs (1), (2), (3), and (4) 
and inserting the following: 
‘‘(1) a summary of airport development and 
planning completed; 
‘‘(2) a summary of individual grants issued; 
‘‘(3) an accounting of discretionary and appor-
tioned funds allocated; 
‘‘(4) the allocation of appropriations; and’’. 
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(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: 
‘‘(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. 154. 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. 155. PRIORITY REVIEW OF CONSTRUCTION PROJECTS 
IN COLD WEATHER STATES. 
The Administrator of the Federal Aviation Adminis-
tration, to the extent practicable, shall schedule the Ad-
ministrator’s review of construction projects so that 
projects to be carried out in States in which the weather 
during a typical calendar year prevents major construction 
projects from being carried out before May 1 are reviewed 
as early as possible. 
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SEC. 156. 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 
section 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, 
compared with the amounts apportioned or other-
wise made available to individual airports between 
2005 and 2010. 
(3) A comparison of the amounts received by 
airports under the airport improvement program in 
airport apportionments, State apportionments, and 
discretionary grants during such fiscal years with 
capital needs as reported in the plan. 
(4) The effect of transfers of airport apportion-
ments under title 49, United States Code. 
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(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 
the number of passenger boardings at the airport 
during the prior calendar year bears to the aggre-
gate of all passenger boardings at all primary air-
ports during 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 
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the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate 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); 
(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 
apportioned or otherwise made available to indi-
vidual airports. 
SEC. 157. TRANSFERS OF TERMINAL AREA AIR NAVIGATION 
EQUIPMENT TO AIRPORT SPONSORS. 
(a) IN GENERAL.—Chapter 445 is amended by add-
ing 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 Ad-
ministrator may carry out a pilot program under which 
the Administrator may transfer ownership, operating, and 
maintenance responsibilities for terminal area air naviga-
tion equipment at an airport to the airport sponsor. 
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‘‘(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 
AIRPORT SPONSORS.—As a condition of participating in 
the pilot program, the airport sponsor shall provide assur-
ances 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 Adminis-
trator. 
‘‘(d) TERMS AND CONDITIONS OF TRANSFER FOR 
ADMINISTRATOR.—When the Administrator approves an 
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airport sponsor’s participation in the pilot program, the 
Administrator 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-
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 
definitions 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 ap-
proach and landing guidance to aircraft, but does 
not include buildings used for air traffic control 
functions. 
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‘‘(g) GUIDELINES.—The Administrator shall issue 
guidelines on the implementation of the program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 445 is amended by adding at the end the following: 
‘‘44518. Transfers of terminal area air navigation equipment to airport spon-
sors.’’. 
SEC. 158. AIRPORT PRIVATIZATION PROGRAM. 
(a) APPROVAL OF APPLICATIONS.—Section 47134(b) 
is amended— 
(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 
assurance) to the extent necessary to permit the 
sponsor to recover from the sale or lease of the 
airport such amount as may be approved by the 
Secretary after the sponsor has consulted— 
‘‘(i) in the case of a primary airport, 
with each air carrier and foreign air car-
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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 own-
ers of aircraft based at that airport, as de-
termined by the Secretary.’’; and 
(B) by striking subparagraph (C). 
(b) TERMS AND CONDITIONS.—Section 47134(c) is 
amended— 
(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. 
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(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. 
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 
aircraft to ground stations and to other equipped 
aircraft. 
(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 informa-
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tion from other transmitting aircraft and the ground 
infrastructure. 
(5) RNAV.—The term ‘‘RNAV’’ means area 
navigation. 
(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 Sec-
retary 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. 
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(11) Data communications system implementa-
tion. 
(12) ADS–B infrastructure deployment and 
operational implementation. 
(13) Systemwide information management. 
(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 
inserting ‘‘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 Admin-
istrator. The Chief NextGen Officer shall report 
directly to the Administrator and shall be sub-
ject to the authority of the Administrator. 
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‘‘(B) 
QUALIFICATIONS.—The 
Chief 
NextGen Officer shall have a demonstrated abil-
ity in management and knowledge of or experi-
ence in aviation and systems engineering. 
‘‘(C) TERM.—The Chief NextGen Officer 
shall be appointed for a term of 5 years. 
‘‘(D) REMOVAL.—The Chief NextGen Offi-
cer shall serve at the pleasure of the Adminis-
trator, except that the Administrator shall 
make every effort to ensure stability and con-
tinuity 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 prede-
cessor was appointed shall be appointed for the 
remainder of that term. 
‘‘(2) COMPENSATION.— 
‘‘(A) IN
GENERAL.—The Chief NextGen 
Officer 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 
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postemployment provisions of section 207 of 
title 18 as if the position of Chief NextGen Of-
ficer 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 
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 per-
formance agreement described in paragraph 
(3). 
‘‘(3) ANNUAL
PERFORMANCE
AGREEMENT.— 
The Administrator and the Chief NextGen Officer, 
in consultation with the Federal Aviation Manage-
ment Advisory Council, shall enter into an annual 
performance agreement that sets forth measurable 
organization and individual goals for the Chief 
NextGen Officer in key operational areas. The 
agreement shall be subject to review and renegoti-
ation on an annual basis. 
‘‘(4) ANNUAL
PERFORMANCE
REPORT.—The 
Chief NextGen Officer shall prepare and transmit to 
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the Secretary of Transportation, the Committee on 
Transportation and Infrastructure of the House of 
Representatives, the Committee on Science and 
Technology of the House of Representatives, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate an annual management report 
containing such information as may be prescribed by 
the Secretary. 
‘‘(5) RESPONSIBILITIES.—The responsibilities 
of the Chief NextGen Officer include the following: 
‘‘(A) Implementing NextGen activities and 
budgets across all program offices of the Fed-
eral 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, 
budget, 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 imple-
mentation of NextGen; 
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‘‘(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. 
‘‘(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 future decisions unfairly in favor of exist-
ing technology at the expense of innovation. 
‘‘(H) Coordinating with the NextGen Joint 
Planning and Development Office with respect 
to facilitating cooperation among all Federal 
agencies whose operations and interests are af-
fected by the implementation of NextGen. 
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‘‘(6) EXCEPTION.—If the Administrator ap-
points 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. 
‘‘(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;’’; 
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(3) in subparagraph (E) (as redesignated by 
paragraph (1) of this section)— 
(A) by striking ‘‘another structure’’ and 
inserting ‘‘any structure, equipment,’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(F) buildings, equipment, and systems 
dedicated to the national airspace system.’’. 
SEC. 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-
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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, not-
withstanding any other provision of law or policy, to 
accept payments for services provided under this 
subsection 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.— 
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(1) ASSOCIATE
ADMINISTRATOR
FOR
NEXT 
GENERATION AIR TRANSPORTATION SYSTEM PLAN-
NING, DEVELOPMENT, AND INTERAGENCY COORDI-
NATION.—Section 709(a) of the Vision 100—Cen-
tury of Aviation Reauthorization Act (49 U.S.C. 
40101 note; 117 Stat. 2582) is amended— 
(A) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (4), and (5), respec-
tively; and 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) The head of the Office shall be the Associate 
Administrator for Next Generation Air Transportation 
System Planning, Development, and Interagency Coordi-
nation, 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; 
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(B) in subparagraph (H) by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(I) establishing specific quantitative goals 
for the safety, capacity, efficiency, performance, 
and environmental impacts of each phase of 
Next Generation Air Transportation System 
planning and development activities and meas-
uring actual operational experience against 
those goals, taking into account noise pollution 
reduction concerns of affected communities to 
the extent practicable in establishing the envi-
ronmental 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 Of-
ficer, the selection of products or outcomes of 
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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.’’. 
(3) COOPERATION
WITH
OTHER
FEDERAL 
AGENCIES.—Section 709(a)(4) of such Act (as re-
designated 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 
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developing and implementing the integrated work 
plan described in subsection (b)(5); 
‘‘(ii) serving as a liaison for the agency in ac-
tivities of the agency relating to the Next Generation 
Air Transportation System and coordinating with 
other Federal agencies involved in activities relating 
to the System; and 
‘‘(iii) ensuring that the agency meets its obliga-
tions as set forth in any memorandum of under-
standing executed by or on behalf of the agency re-
lating to the Next Generation Air Transportation 
System. 
‘‘(C) The head of a Federal agency referred to in sub-
paragraph (B) shall— 
‘‘(i) ensure that the responsibilities of the agen-
cy relating to the Next Generation Air Transpor-
tation System are clearly communicated to the sen-
ior official of the agency designated under subpara-
graph (B); 
‘‘(ii) ensure that the performance of the senior 
official in carrying out the responsibilities of the 
agency relating to the Next Generation Air Trans-
portation System is reflected in the official’s annual 
performance evaluations and compensation; 
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‘‘(iii) establish or designate an office within the 
agency to carry out its responsibilities under the 
memorandum of understanding under the super-
vision of the designated official; and 
‘‘(iv) ensure that the designated official has suf-
ficient budgetary authority and staff resources to 
carry out the agency’s Next Generation Air Trans-
portation 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 agen-
cy that has responsibility for carrying out any activity 
under the integrated plan under subsection (b) shall exe-
cute a memorandum of understanding with the Office obli-
gating 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. 
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‘‘(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 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 Genera-
tion Air Transportation System; and 
‘‘(iii) identify and justify as part of the Presi-
dent’s budget submission any inconsistencies be-
tween the plan and amounts requested in the budg-
et. 
‘‘(7) The Associate Administrator of the Next Gen-
eration Air Transportation System Planning, Develop-
ment, and Interagency Coordination shall be a voting 
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member of the Joint Resources Council of the Federal 
Aviation Administration.’’. 
(b) INTEGRATED PLAN.—Section 709(b) of such Act 
(117 Stat. 2583) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘meets air’’ and inserting 
‘‘meets anticipated future air’’; and 
(B) by striking ‘‘beyond those currently in-
cluded in the Federal Aviation Administration’s 
operational evolution plan’’; 
(2) 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 ar-
chitecture documents, that identifies each Fed-
eral agency or other entity responsible for each 
activity in the outline; 
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‘‘(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 Sys-
tem; 
‘‘(C) for each element of the Next Genera-
tion Air Transportation System, an outline, on 
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 respon-
sibility for costs and available resources, for 
each stage of development from the basic re-
search stage through the demonstration and im-
plementation phase; 
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‘‘(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 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 signifi-
cant operational or workforce changes resulting 
from deployment of the Next Generation Air 
Transportation 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 Ad-
ministrator shall develop and publish annually the docu-
ment known as the NextGen Implementation Plan, or any 
successor document, that provides a detailed description 
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of how the agency is implementing the Next Generation 
Air Transportation System.’’. 
(d) CONTINGENCY PLANNING.—The Associate Ad-
ministrator for the Next Generation Air Transportation 
System Planning, Development, and Interagency Coordi-
nation shall, as part of the design of the System, develop 
contingency plans for dealing with the degradation of the 
System in the event of a natural disaster, major equip-
ment failure, or act of terrorism. 
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 be-
fore 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 1 year after the date of enactment of this sub-
section, and annually thereafter on the date of sub-
mission of the President’s budget request to Con-
gress under section 1105(a) of title 31, United 
States Code, the Secretary shall submit to Congress 
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a report summarizing the progress made in carrying 
out the integrated work plan required by section 
709(b)(5) and any changes in that plan. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a copy of the updated integrated 
work plan; 
‘‘(B) a description of the progress made in 
carrying out the integrated work plan and any 
changes in that plan, including any changes 
based on funding shortfalls and limitations set 
by the Office of Management and Budget; 
‘‘(C) a detailed description of— 
‘‘(i) the success or failure of each item 
of the integrated work plan for the pre-
vious 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 
complete 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-
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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 
‘‘(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 Administra-
tion’s award and oversight of any contracts entered 
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into by the Administration to provide ADS–B serv-
ices 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 serv-
ices, including the Administration’s plans for 
implementation of advanced operational proce-
dures and air-to-air applications, as well as the 
extent to which ground radar will be retained; 
(C) an assessment of the Administration’s 
analysis of specific operational benefits, and 
benefit/costs analyses of planned operational 
benefits conducted by the Administration, for 
ADS–B In and ADS–B Out avionics equipage 
for airspace users; 
(C) a determination of whether the Admin-
istration has established sufficient mechanisms 
to ensure that all design, acquisition, operation, 
and maintenance requirements have been met 
by the contractor; 
(D) an assessment of whether the Admin-
istration and any contractors are meeting cost, 
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schedule, and performance milestones, as meas-
ured against the original baseline of the Admin-
istration’s program for providing ADS–B serv-
ices; 
(E) an assessment of how security issues 
are being addressed in the overall design and 
implementation of the ADS–B system; and 
(F) any other matters or aspects relating 
to contract implementation and oversight that 
the Inspector General determines merit atten-
tion. 
(3) REPORTS
TO
CONGRESS.—The Inspector 
General shall submit, periodically (and on at least an 
annual basis), to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results 
of the review conducted under this subsection. 
(b) RULEMAKINGS.— 
(1) ADS–B IN.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall initiate 
a rulemaking proceeding to issue guidelines and reg-
ulations relating to ADS–B In technology that— 
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(A) identify the ADS–B In technology that 
will be required under NextGen; 
(B) subject to paragraph (2), require all 
aircraft operating in capacity constrained air-
space, at capacity constrained airports, or in 
any other airspace deemed appropriate by the 
Administrator to be equipped with ADS–B In 
technology by 2020; and 
(C) identify— 
(i) the type of avionics required of air-
craft for all classes of airspace; 
(ii) the expected costs associated with 
the avionics; and 
(iii) the expected uses and benefits of 
the avionics. 
(2) READINESS VERIFICATION.—Before the Ad-
ministrator completes an ADS–B In equipage rule-
making proceeding or issues and interim or final 
rule pursuant to paragraph (1), the Chief NextGen 
Officer shall verify that— 
(A) the necessary ground infrastructure is 
installed and functioning properly; 
(B) certification standards have been ap-
proved; and 
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(C) 
appropriate 
operational 
platforms 
interface safely and efficiently. 
(c) USE OF ADS–B TECHNOLOGY.— 
(1) PLANS.—Not later than 18 months after 
the date of enactment of this Act, the Administrator 
shall develop, in consultation with appropriate em-
ployee and industry groups, a plan for the use of 
ADS–B technology for surveillance and active air 
traffic control. 
(2) CONTENTS.—The plan shall— 
(A) include provisions to test the use of 
ADS–B technology for surveillance and active 
air traffic control in specific regions of the 
United States with the most congested airspace; 
(B) identify the equipment required at air 
traffic control facilities and the training re-
quired for air traffic controllers; 
(C) identify procedures, to be developed in 
consultation with appropriate employee and in-
dustry groups, to conduct air traffic manage-
ment in mixed equipage environments; and 
(D) establish a policy in test regions re-
ferred to in subparagraph (A), in consultation 
with appropriate employee and industry groups, 
to provide incentives for equipage with ADS–B 
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technology, including giving priority to aircraft 
equipped with such technology before the 2020 
equipage deadline. 
SEC. 212. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE 
FOR NEXTGEN. 
(a) REVIEW.—The Administrator of the Federal 
Aviation Administration shall enter into an arrangement 
with the National Research Council to review the enter-
prise architecture for the NextGen. 
(b) CONTENTS.—At a minimum, the review to be 
conducted under subsection (a) shall— 
(1) highlight the technical activities, including 
human-system design, organizational design, and 
other safety and human factor aspects of the system, 
that will be necessary to successfully transition cur-
rent and planned modernization programs to the fu-
ture system envisioned by the Joint Planning and 
Development Office of the Administration; 
(2) assess technical, cost, and schedule risk for 
the software development that will be necessary to 
achieve the expected benefits from a highly auto-
mated air traffic management system and the impli-
cations for ongoing modernization projects; and 
(3) determine how risks with automation efforts 
for the NextGen can be mitigated based on the expe-
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riences of other public or private entities in devel-
oping complex, software-intensive systems. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report containing the results of the review conducted pur-
suant to subsection (a). 
SEC. 213. ACCELERATION OF NEXTGEN TECHNOLOGIES. 
(a) AIRPORT PROCEDURES.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall 
publish a report, after consultation with representa-
tives of appropriate Administration employee groups, 
airport operators, air carriers, general aviation rep-
resentatives, flight path service providers, and air-
craft manufacturers that includes the following: 
(A) RNP/RNAV OPERATIONS.—The re-
quired navigation performance and area naviga-
tion operations, including the procedures to be 
developed, certified, and published and the air 
traffic control operational changes, to maximize 
the efficiency and capacity of NextGen commer-
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cial operations at the 35 operational evolution 
partnership airports identified by the Adminis-
tration. 
(B) COORDINATION AND IMPLEMENTATION 
ACTIVITIES.—A description of the activities and 
operational changes and approvals required to 
coordinate and utilize those procedures at those 
airports. 
(C) IMPLEMENTATION PLAN.—A plan for 
implementing those procedures that estab-
lishes— 
(i) clearly defined budget, schedule, 
project organization, and leadership re-
quirements; 
(ii) specific implementation and tran-
sition steps; and 
(iii) baseline and performance metrics 
for— 
(I) measuring the Administra-
tion’s progress in implementing the 
plan, including the percentage utiliza-
tion of required navigation perform-
ance in the national airspace system; 
and 
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(II) achieving measurable fuel 
burn and carbon dioxide emissions re-
ductions compared to current per-
formance; and 
(iv) expedited environmental review 
procedures for timely environmental ap-
proval of area navigation and required 
navigation performance that offer signifi-
cant efficiency improvements as deter-
mined by baseline and performance metrics 
under clause (iii). 
(D) ADDITIONAL
PROCEDURES.—A proc-
ess for the identification, certification, and pub-
lication of additional required navigation per-
formance and area navigation procedures that 
may be required at such airports in the future. 
(2) IMPLEMENTATION
SCHEDULE.—The Ad-
ministrator shall certify, publish, and implement— 
(A) 30 percent of the required procedures 
not later than 18 months after the date of en-
actment of this Act; 
(B) 60 percent of the procedures not later 
than 36 months after the date of enactment of 
this Act; and 
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(C) 100 percent of the procedures before 
June 30, 2015. 
(b) ESTABLISHMENT OF PRIORITIES.—The Adminis-
trator shall extend the charter of the Performance Based 
Navigation Aviation Rulemaking Committee as necessary 
to establish priorities for the development, certification, 
publication, and implementation of the navigation per-
formance and area navigation procedures based on their 
potential safety and efficiency benefits to other airports 
in the national airspace system, including small and me-
dium hub airports. 
(c) COORDINATED AND EXPEDITED REVIEW.—Navi-
gation performance and area navigation procedures devel-
oped, certified, published, and implemented under this sec-
tion shall be presumed to be covered by a categorical ex-
clusion (as defined in section 1508.4 of title 40, Code of 
Federal Regulations) under chapter 3 of FAA Order 
1050.1E unless the Administrator determines that ex-
traordinary circumstances exist with respect to the proce-
dure. 
(d) DEPLOYMENT PLAN
FOR NATIONWIDE DATA 
COMMUNICATIONS SYSTEM.—Not later than 1 year after 
the date of enactment of this Act, the Administrator shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
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Transportation and Infrastructure of the House of Rep-
resentatives a plan for implementation of a nationwide 
data communications system. The plan shall include— 
(1) clearly defined budget, schedule, project or-
ganization, and leadership requirements; 
(2) specific implementation and transition 
steps; and 
(3) baseline and performance metrics for meas-
uring the Administration’s progress in implementing 
the plan. 
(e) IMPROVED PERFORMANCE STANDARDS.— 
(1) ASSESSMENT OF WORK BEING PERFORMED 
UNDER
NEXTGEN
IMPLEMENTATION
PLAN.—The 
Administrator shall clearly outline in the NextGen 
Implementation Plan document of the Administra-
tion the work being performed under the plan to de-
termine— 
(A) whether utilization of ADS–B, RNP, 
and other technologies as part of NextGen im-
plementation will display the position of aircraft 
more accurately and frequently so as to enable 
a more efficient use of existing airspace and re-
sult in reduced consumption of aviation fuel 
and aircraft engine emissions; and 
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(B) the feasibility of reducing aircraft sep-
aration standards in a safe manner as a result 
of the implementation of such technologies. 
(2) AIRCRAFT SEPARATION STANDARDS.—If the 
Administrator determines that the standards re-
ferred to in paragraph (1)(B) can be reduced safely, 
the Administrator shall include in the NextGen Im-
plementation Plan a timetable for implementation of 
such reduced standards. 
(f) THIRD-PARTY USAGE.—The Administration shall 
establish a program under which the Administration will 
use third parties in the development, testing, and mainte-
nance of flight procedures. 
SEC. 214. PERFORMANCE METRICS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
Federal Aviation Administration shall establish and begin 
tracking national airspace system performance metrics, in-
cluding, at a minimum, metrics with respect to— 
(1) actual arrival and departure rates per hour 
measured against the currently published aircraft 
arrival rate and aircraft departure rate for the 35 
operational evolution partnership airports; 
(2) average gate-to-gate times; 
(3) fuel burned between key city pairs; 
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(4) operations using the advanced navigation 
procedures, including performance based navigation 
procedures; 
(5) the average distance flown between key city 
pairs; 
(6) the time between pushing back from the 
gate and taking off; 
(7) continuous climb or descent; 
(8) average gate arrival delay for all arrivals; 
(9) flown versus filed flight times for key city 
pairs; 
(10) implementation of NextGen Implementa-
tion Plan, or any successor document, capabilities 
designed to reduce emissions and fuel consumption; 
(11) the Administration’s unit cost of providing 
air traffic control services; and 
(12) runway safety, including runway incur-
sions, operational errors, and loss of standard sepa-
ration events. 
(b) BASELINES.—The Administrator, in consultation 
with aviation industry stakeholders, shall identify base-
lines for each of the metrics established under subsection 
(a) and appropriate methods to measure deviations from 
the baselines. 
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(c) PUBLICATION.—The Administrator shall make 
data obtained under subsection (a) available to the public 
in a searchable, sortable, and downloadable format 
through the Web site of the Administration and other ap-
propriate media. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
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 re-
port that contains— 
(1) a description of the metrics that will be 
used to measure the Administration’s progress in 
implementing NextGen capabilities and operational 
results; 
(2) information on any additional metrics devel-
oped; and 
(3) a process for holding the Administration ac-
countable for meeting or exceeding the metrics base-
lines identified in subsection (b). 
SEC. 215. CERTIFICATION STANDARDS AND RESOURCES. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall develop a plan to accelerate and stream-
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line the process for certification of NextGen technologies, 
including— 
(1) establishment of updated project plans and 
timelines; 
(2) identification of the specific activities need-
ed to certify NextGen technologies, including the es-
tablishment of NextGen technical requirements for 
the manufacture of equipage, installation of equi-
page, airline operational procedures, pilot training 
standards, air traffic control procedures, and air 
traffic controller training; 
(3) identification of staffing requirements for 
the Air Certification Service and the Flight Stand-
ards Service, taking into consideration the leveraging 
of assistance from third parties and designees; 
(4) establishment of a program under which the 
Administration will use third parties in the certifi-
cation process; and 
(5) establishment of performance metrics to 
measure the Administration’s progress. 
SEC. 216. SURFACE SYSTEMS ACCELERATION. 
(a) IN GENERAL.—The Chief Operating Officer of 
the Air Traffic Organization shall— 
(1) evaluate the Airport Surface Detection 
Equipment-Model X program for its potential con-
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tribution to implementation of the NextGen initia-
tive; 
(2) evaluate airport surveillance technologies 
and associated collaborative surface management 
software for potential contributions to implementa-
tion of NextGen surface management; 
(3) accelerate implementation of the program 
referred to in paragraph (1); and 
(4) carry out such additional duties as the Ad-
ministrator of the Federal Aviation Administration 
may require. 
(b) EXPEDITED
CERTIFICATION
AND
UTILIZA-
TION.—The Administrator shall— 
(1) consider options for expediting the certifi-
cation of Ground-Based Augmentation System tech-
nology; and 
(2) develop a plan to utilize such a system at 
the 35 operational evolution partnership airports by 
September 30, 2012. 
SEC. 217. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC 
CONTROL MODERNIZATION PROJECTS. 
(a) PROCESS FOR EMPLOYEE INCLUSION.—Notwith-
standing any other law or agreement, the Administrator 
of the Federal Aviation Administration shall establish a 
process or processes for including qualified employees to 
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‘‘(iii) preventing controlled flight into 
terrain; 
‘‘(iv) recovery from inadvertent flight 
into instrument meteorological conditions; 
‘‘(v) operational control of the pilot in 
command; and 
‘‘(vi) use of flight simulation training 
devices and line-oriented flight training. 
‘‘(3) Safety-enhancing technology and equip-
ment, including— 
‘‘(A) helicopter terrain awareness and 
warning systems; 
‘‘(B) radar altimeters; 
‘‘(C) devices that perform the function of 
flight data recorders and cockpit voice record-
ers, to the extent feasible; and 
‘‘(D) safety equipment that should be worn 
or used by flight crewmembers and medical per-
sonnel on a flight, including the possible use of 
shoulder harnesses, helmets, seatbelts, and fire 
resistant clothing to enhance crash surviv-
ability. 
‘‘(4) Such other matters as the Administrator 
considers appropriate. 
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paragraph. After such opportunity for public re-
view and consultation, the voluntary agreement 
may be implemented without further adminis-
trative or environmental process beyond that 
described in this subsection. 
‘‘(D) TERMINATION.— 
‘‘(i) IN GENERAL.—A voluntary agree-
ment under this paragraph may be termi-
nated at any time at the discretion of— 
‘‘(I) the Director, if the Director 
determines that the agreement is not 
adequately protecting park resources 
or visitor experiences; or 
‘‘(II) the Administrator, if the 
Administrator determines that the 
agreement is adversely affecting avia-
tion safety or the national aviation 
system. 
‘‘(ii) EFFECT OF TERMINATION.—If a 
voluntary agreement with respect to a na-
tional park is terminated under this sub-
paragraph, the operators shall conform to 
the requirements for interim operating au-
thority under subsection (c) until an air 
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