H. R. 658 
One Hundred Twelfth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and twelve 
An Act 
To amend title 49, United States Code, to authorize appropriations for the Federal 
Aviation Administration for fiscal years 2011 through 2014, to streamline pro-
grams, create efficiencies, reduce waste, and improve aviation safety and capacity, 
to provide stable funding for the national aviation system, and for other purposes. 
Be it enacted by the Senate and House of Representatives 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 Mod-
ernization and Reform Act of 2012’’. 
(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. 
Subtitle B—Passenger Facility Charges 
Sec. 111. Passenger facility charges. 
Sec. 112. GAO study of alternative means of collecting PFCs. 
Sec. 113. 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. AIP definitions. 
Sec. 133. Recycling plans for airports. 
Sec. 134. Contents of competition plans. 
Sec. 135. Grant assurances. 
Sec. 136. Agreements granting through-the-fence access to general aviation air-
ports. 
Sec. 137. Government share of project costs. 
Sec. 138. Allowable project costs. 
Sec. 139. Veterans’ preference. 
Sec. 140. Minority and disadvantaged business participation. 
Sec. 141. Special apportionment rules. 
Sec. 142. United States territories minimum guarantee. 
Sec. 143. Reducing apportionments. 
Sec. 144. Marshall Islands, Micronesia, and Palau.
H. R. 658—2 
Sec. 145. Use of apportioned amounts. 
Sec. 146. Designating current and former military airports. 
Sec. 147. Contract tower program. 
Sec. 148. Resolution of disputes concerning airport fees. 
Sec. 149. Sale of private airports to public sponsors. 
Sec. 150. Repeal of certain limitations on Metropolitan Washington Airports Au-
thority. 
Sec. 151. Midway Island Airport. 
Sec. 152. Miscellaneous amendments. 
Sec. 153. Extension of grant authority for compatible land use planning and 
projects by State and local governments. 
Sec. 154. Priority review of construction projects in cold weather States. 
Sec. 155. Study on national plan of integrated airport systems. 
Sec. 156. Airport privatization program. 
TITLE II—NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC 
CONTROL MODERNIZATION 
Sec. 201. Definitions. 
Sec. 202. NextGen demonstrations and concepts. 
Sec. 203. Clarification of authority to enter into reimbursable agreements. 
Sec. 204. Chief NextGen Officer. 
Sec. 205. Definition of air navigation facility. 
Sec. 206. Clarification to acquisition reform authority. 
Sec. 207. Assistance to foreign aviation authorities. 
Sec. 208. Next Generation Air Transportation System Joint Planning and Develop-
ment 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. Public-private partnerships. 
Sec. 222. Operational incentives. 
Sec. 223. Educational requirements. 
Sec. 224. Air traffic controller staffing initiatives and analysis. 
Sec. 225. Reports on status of greener skies project. 
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 supplemental 
type certificates. 
Sec. 303. Design and production organization certificates. 
Sec. 304. Cabin crew communication. 
Sec. 305. Line check evaluations. 
Sec. 306. Safety of air ambulance operations. 
Sec. 307. Prohibition on personal use of electronic devices on flight deck. 
Sec. 308. Inspection of repair stations located outside the United States. 
Sec. 309. Enhanced training for flight attendants. 
Sec. 310. Limitation on disclosure of safety information. 
Sec. 311. Prohibition against aiming a laser pointer at an aircraft. 
Sec. 312. Aircraft certification process review and reform. 
Sec. 313. Consistency of regulatory interpretation. 
Sec. 314. Runway safety. 
Sec. 315. Flight Standards Evaluation Program. 
Sec. 316. Cockpit smoke. 
Sec. 317. Off-airport, low-altitude aircraft weather observation technology. 
Sec. 318. Feasibility of requiring helicopter pilots to use night vision goggles. 
Sec. 319. Maintenance providers. 
Sec. 320. Study of air quality in aircraft cabins. 
Sec. 321. Improved pilot licenses. 
Subtitle B—Unmanned Aircraft Systems 
Sec. 331. Definitions.
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Sec. 332. Integration of civil unmanned aircraft systems into national airspace sys-
tem. 
Sec. 333. Special rules for certain unmanned aircraft systems. 
Sec. 334. Public unmanned aircraft systems. 
Sec. 335. Safety studies. 
Sec. 336. Special rule for model aircraft. 
Subtitle C—Safety and Protections 
Sec. 341. Aviation Safety Whistleblower Investigation Office. 
Sec. 342. Postemployment restrictions for flight standards inspectors. 
Sec. 343. Review of air transportation oversight system database. 
Sec. 344. Improved voluntary disclosure reporting system. 
Sec. 345. Duty periods and flight time limitations applicable to flight crewmembers. 
Sec. 346. Certain existing flight time limitations and rest requirements. 
Sec. 347. Emergency locator transmitters on general aviation aircraft. 
TITLE IV—AIR SERVICE IMPROVEMENTS 
Subtitle A—Passenger Air Service Improvements 
Sec. 401. Smoking prohibition. 
Sec. 402. Monthly air carrier reports. 
Sec. 403. Musical instruments. 
Sec. 404. Extension of competitive access reports. 
Sec. 405. Airfares for members of the Armed Forces. 
Sec. 406. Review of air carrier flight delays, cancellations, and associated causes. 
Sec. 407. Compensation for delayed baggage. 
Sec. 408. DOT airline consumer complaint investigations. 
Sec. 409. Study of operators regulated under part 135. 
Sec. 410. Use of cell phones on passenger aircraft. 
Sec. 411. Establishment of advisory committee for aviation consumer protection. 
Sec. 412. Disclosure of seat dimensions to facilitate the use of child safety seats on 
aircraft. 
Sec. 413. Schedule reduction. 
Sec. 414. Ronald Reagan Washington National Airport slot exemptions. 
Sec. 415. Passenger air service improvements. 
Subtitle B—Essential Air Service 
Sec. 421. Limitation on essential air service to locations that average fewer than 
10 enplanements per day. 
Sec. 422. Essential air service eligibility. 
Sec. 423. Essential air service marketing. 
Sec. 424. Notice to communities prior to termination of eligibility for subsidized es-
sential air service. 
Sec. 425. Restoration of eligibility to a place determined to be ineligible for sub-
sidized essential air service. 
Sec. 426. Adjustments to compensation for significantly increased costs. 
Sec. 427. Essential air service contract guidelines. 
Sec. 428. Essential air service reform. 
Sec. 429. Small community air service. 
Sec. 430. Repeal of essential air service local participation program. 
Sec. 431. Extension of final order establishing mileage adjustment eligibility. 
TITLE V—ENVIRONMENTAL STREAMLINING 
Sec. 501. Overflights of national parks. 
Sec. 502. State block grant program. 
Sec. 503. Airport funding of special studies or reviews. 
Sec. 504. Grant eligibility for assessment of flight procedures. 
Sec. 505. Determination of fair market value of residential properties. 
Sec. 506. Prohibition on operating certain aircraft weighing 75,000 pounds or less 
not complying with stage 3 noise levels. 
Sec. 507. Aircraft departure queue management pilot program. 
Sec. 508. High performance, sustainable, and cost-effective air traffic control facili-
ties. 
Sec. 509. Sense of Congress. 
Sec. 510. Aviation noise complaints. 
Sec. 511. Pilot program for zero-emission airport vehicles. 
Sec. 512. Increasing the energy efficiency of airport power sources. 
TITLE VI—FAA EMPLOYEES AND ORGANIZATION 
Sec. 601. Federal Aviation Administration personnel management system. 
Sec. 602. Presidential rank award program.
H. R. 658—4 
Sec. 603. Collegiate training initiative study. 
Sec. 604. Frontline manager staffing. 
Sec. 605. FAA technical training and staffing. 
Sec. 606. Safety critical staffing. 
Sec. 607. Air traffic control specialist qualification training. 
Sec. 608. FAA air traffic controller staffing. 
Sec. 609. Air traffic controller training and scheduling. 
Sec. 610. FAA facility conditions. 
Sec. 611. Technical correction. 
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. Consolidation and realignment 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 unneces-
sary reports; use of electronic media format. 
Sec. 807. Prohibition on use of certain funds. 
Sec. 808. Study on aviation fuel prices. 
Sec. 809. Wind turbine lighting. 
Sec. 810. Air-rail code sharing study. 
Sec. 811. D.C. Metropolitan Area Special Flight Rules Area. 
Sec. 812. FAA review and reform. 
Sec. 813. Use of mineral revenue at certain airports. 
Sec. 814. Contracting. 
Sec. 815. Flood planning. 
Sec. 816. Historical aircraft documents. 
Sec. 817. Release from restrictions. 
Sec. 818. Sense of Congress. 
Sec. 819. Human Intervention Motivation Study. 
Sec. 820. Study of aeronautical mobile telemetry. 
Sec. 821. Clarification of requirements for volunteer pilots operating charitable 
medical flights. 
Sec. 822. Pilot program for redevelopment of airport properties. 
Sec. 823. Report on New York City and Newark air traffic control facilities. 
Sec. 824. Cylinders of compressed oxygen or other oxidizing gases. 
Sec. 825. Orphan aviation earmarks. 
Sec. 826. Privacy protections for air passenger screening with advanced imaging 
technology. 
Sec. 827. Commercial space launch license requirements. 
Sec. 828. Air transportation of lithium cells and batteries. 
Sec. 829. Clarification of memorandum of understanding with OSHA. 
Sec. 830. Approval of applications for the airport security screening opt-out pro-
gram. 
TITLE IX—FEDERAL AVIATION RESEARCH AND DEVELOPMENT 
Sec. 901. Authorization of appropriations. 
Sec. 902. Definitions. 
Sec. 903. Unmanned aircraft systems. 
Sec. 904. Research program on runways. 
Sec. 905. Research on design for certification. 
Sec. 906. Airport cooperative research program. 
Sec. 907. Centers of excellence. 
Sec. 908. Center of excellence for aviation human resource research. 
Sec. 909. Interagency research on aviation and the environment. 
Sec. 910. Aviation fuel research and development program. 
Sec. 911. Research program on alternative jet fuel technology for civil aircraft. 
Sec. 912. Review of FAA’s energy-related and environment-related research pro-
grams. 
Sec. 913. Review of FAA’s aviation safety-related research programs. 
Sec. 914. Production of clean coal fuel technology for civilian aircraft. 
Sec. 915. Wake turbulence, volcanic ash, and weather research. 
Sec. 916. Reauthorization of center of excellence in applied research and training 
in the use of advanced materials in transport aircraft.
H. R. 658—5 
Sec. 917. Research and development of equipment to clean and monitor the engine 
and APU bleed air supplied on pressurized aircraft. 
Sec. 918. Expert review of enterprise architecture for NextGen. 
Sec. 919. Airport sustainability planning working group. 
TITLE X—NATIONAL MEDIATION BOARD 
Sec. 1001. Rulemaking authority. 
Sec. 1002. Runoff election rules. 
Sec. 1003. Bargaining representative certification. 
Sec. 1004. Oversight. 
TITLE XI—AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED 
TAXES 
Sec. 1100. Amendment of 1986 code. 
Sec. 1101. Extension of taxes funding airport and airway trust fund. 
Sec. 1102. Extension of airport and airway trust fund expenditure authority. 
Sec. 1103. Treatment of fractional aircraft ownership programs. 
Sec. 1104. Transparency in passenger tax disclosures. 
Sec. 1105. Tax-exempt bond financing for fixed-wing emergency medical aircraft. 
Sec. 1106. Rollover of amounts received in airline carrier bankruptcy. 
Sec. 1107. Termination of exemption for small jet aircraft on nonestablished lines. 
Sec. 1108. Modification of control definition for purposes of section 249. 
TITLE XII—COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010 
Sec. 1201. Compliance provision. 
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other 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 PROGRAMS. 
(a) AUTHORIZATION.—Section 48103 is amended to read as fol-
lows: 
‘‘§ 48103. Airport planning and development and noise 
compatibility planning and programs 
‘‘(a) IN GENERAL.—There shall be available to the Secretary 
of Transportation out of the Airport and Airway Trust Fund estab-
lished 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 
section 47504(c) $3,350,000,000 for each of fiscal years 2012 through 
2015. 
‘‘(b) AVAILABILITY
OF
AMOUNTS.—Amounts made available 
under subsection (a) shall remain available until expended.’’. 
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended 
in the matter preceding paragraph (1) by striking ‘‘After’’ and
H. R. 658—6 
all the follows before ‘‘the Secretary’’ and inserting ‘‘After September 
30, 2015,’’. 
SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48101(a) is 
amended by striking paragraphs (1) through (8) and inserting the 
following: 
‘‘(1) $2,731,000,000 for fiscal year 2012. 
‘‘(2) $2,715,000,000 for fiscal year 2013. 
‘‘(3) $2,730,000,000 for fiscal year 2014. 
‘‘(4) $2,730,000,000 for fiscal year 2015.’’. 
(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 sub-
paragraphs (A) through (H) and inserting the following: 
‘‘(A) $9,653,000,000 for fiscal year 2012; 
‘‘(B) $9,539,000,000 for fiscal year 2013; 
‘‘(C) $9,596,000,000 for fiscal year 2014; and 
‘‘(D) $9,653,000,000 for fiscal year 2015.’’. 
(b) 
AUTHORIZED
EXPENDITURES.—Section 
106(k)(2) 
is 
amended— 
(1) by striking subparagraphs (A), (B), (C), and (D); 
(2) by redesignating subparagraphs (E), (F), and (G) as 
subparagraphs (A), (B), and (C), respectively; and 
(3) in subparagraphs (A), (B), and (C) (as so redesignated) 
by striking ‘‘2004 through 2007’’ and inserting ‘‘2012 through 
2015’’. 
(c) AUTHORITY
TO
TRANSFER
FUNDS.—Section 106(k) is 
amended by adding at the end the following: 
‘‘(3) 
ADMINISTERING
PROGRAM
WITHIN
AVAILABLE 
FUNDING.—Notwithstanding any other provision of law, in each 
of fiscal years 2012 through 2015, if the Secretary determines 
that the funds appropriated under paragraph (1) are insufficient 
to meet the salary, operations, and maintenance expenses of 
the Federal Aviation Administration, as authorized by this 
section, the Secretary shall reduce nonsafety-related activities 
of the Administration as necessary to reduce such expenses 
to a level that can be met by the funding available under 
paragraph (1).’’. 
SEC. 104. FUNDING FOR AVIATION PROGRAMS. 
(a) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.—Section 
48114(a)(1)(A) is amended to read as follows: 
‘‘(A) IN GENERAL.—The total budget resources 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 2013, be equal to 90 percent 
of the estimated level of receipts plus interest credited 
to the Airport and Airway Trust Fund for that fiscal 
year; and 
‘‘(ii) in fiscal year 2014 and each fiscal year there-
after, be equal to the sum of—
H. R. 658—7 
‘‘(I) 90 percent of the estimated level of receipts 
plus interest credited to the Airport and Airway 
Trust Fund for that fiscal year; and 
‘‘(II) the actual level of receipts plus interest 
credited to the Airport and Airway Trust Fund 
for the second preceding fiscal year minus the 
total amount made available for obligation from 
the Airport and Airway Trust Fund for the second 
preceding fiscal year. 
Such amounts may be used only for the aviation investment 
programs listed in subsection (b)(1).’’. 
(b) TECHNICAL CORRECTION.—Section 48114(a)(1)(B) is amended 
by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (b)(1)’’. 
(c) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM THE 
GENERAL FUND.—Section 48114(a)(2) is amended by striking ‘‘2007’’ 
and inserting ‘‘2015’’. 
(d) ESTIMATED LEVEL OF RECEIPTS PLUS INTEREST DEFINED.— 
Section 48114(b)(2) is amended— 
(1) in the paragraph heading by striking ‘‘LEVEL’’ and 
inserting ‘‘ESTIMATED LEVEL’’; and 
(2) by striking ‘‘level of receipts plus interest’’ and inserting 
‘‘estimated level of receipts plus interest’’. 
(e) ENFORCEMENT
OF
GUARANTEES.—Section 48114(c)(2) is 
amended by striking ‘‘2007’’ and inserting ‘‘2015’’. 
SEC. 105. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION 
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 
(3) by adding at the end the following: 
‘‘(5) a list of capital projects that are part of the Next 
Generation Air Transportation System and funded by amounts 
appropriated under section 48101(a).’’. 
Subtitle B—Passenger Facility Charges 
SEC. 111. PASSENGER FACILITY CHARGES. 
(a) PFC DEFINED.—Section 40117(a)(5) is amended to read 
as follows: 
‘‘(5) PASSENGER
FACILITY
CHARGE.—The term ‘passenger 
facility charge’ means a charge or fee imposed under this sec-
tion.’’. 
(b) PILOT PROGRAM FOR PFC AUTHORIZATIONS AT NONHUB AIR-
PORTS.—Section 40117(l) is amended— 
(1) by striking paragraph (7); and 
(2) by redesignating paragraph (8) as paragraph (7). 
(c) CORRECTION OF REFERENCES.— 
(1) SECTION 40117.—Section 40117 is amended— 
(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’’;
H. R. 658—8 
(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 inserting ‘‘CHARGES’’; 
(G) by striking ‘‘fee’’ each place it appears (other than 
the second sentence of subsection (g)(4)) and inserting 
‘‘charge’’; and 
(H) by striking ‘‘fees’’ each place it appears and 
inserting ‘‘charges’’. 
(2) OTHER REFERENCES.— 
(A) Subtitle VII is amended by striking ‘‘fee’’ and 
inserting ‘‘charge’’ each place it appears in each of the 
following sections: 
(i) Section 47106(f)(1). 
(ii) Section 47110(e)(5). 
(iii) Section 47114(f). 
(iv) Section 47134(g)(1). 
(v) Section 47139(b). 
(vi) Section 47521. 
(vii) Section 47524(e). 
(viii) Section 47526(2). 
(B) Section 47521(5) is amended by striking ‘‘fees’’ and 
inserting ‘‘charges’’. 
(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. GAO STUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct a study of alternative means of collecting passenger 
facility charges imposed under section 40117 of title 49, United 
States Code, that would permit such charges to be collected without 
being included in the ticket price. In 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 domestic and 
international airports that are not included in ticket prices. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the study, including the Comptroller 
General’s findings, conclusions, and recommendations. 
SEC. 113. QUALIFICATIONS-BASED SELECTION. 
It is the sense of Congress that airports should consider the 
use of qualifications-based selection in carrying out capital improve-
ment 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.
H. R. 658—9 
Subtitle C—Fees for FAA Services 
SEC. 121. UPDATE ON OVERFLIGHTS. 
(a) ESTABLISHMENT
AND
ADJUSTMENT
OF
FEES.—Section 
45301(b) is amended to read as follows: 
‘‘(b) ESTABLISHMENT AND ADJUSTMENT OF FEES.— 
‘‘(1) IN GENERAL.—In establishing and adjusting fees under 
this section, the Administrator shall ensure that the fees are 
reasonably related to the Administration’s costs, as determined 
by the Administrator, of providing the services rendered. 
‘‘(2) SERVICES FOR WHICH COSTS MAY BE RECOVERED.—Serv-
ices for which costs may be recovered under this section include 
the costs of air traffic control, navigation, weather services, 
training, and emergency services that are available to facilitate 
safe transportation over the United States and the costs of 
other services provided by the Administrator, or by programs 
financed by the Administrator, to flights that neither take 
off nor land in the United States. 
‘‘(3) LIMITATIONS ON JUDICIAL REVIEW.—Notwithstanding 
section 702 of title 5 or any other provision 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 by the Administrator when reaching 
such determination. 
‘‘(C) An allocation of costs by the Administrator under 
paragraph (1) to services provided, and the processes and 
procedures applied by the Administrator when establishing 
such allocation. 
‘‘(4) 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. 
‘‘(5) COSTS DEFINED.—In this subsection, the term ‘costs’ 
includes operation and maintenance costs, leasing costs, and 
overhead expenses associated with the services provided and 
the facilities and equipment used in providing such services.’’. 
(b) ADJUSTMENT OF FEES.—Section 45301 is amended by adding 
at the end the following: 
‘‘(e) ADJUSTMENT OF FEES.—In addition to adjustments under 
subsection (b), the Administrator may periodically adjust the fees 
established under this section.’’. 
SEC. 122. REGISTRATION FEES. 
(a) IN GENERAL.—Chapter 453 is amended by adding at the 
end the following: 
‘‘§ 45305. Registration, certification, and related fees 
‘‘(a) GENERAL AUTHORITY AND FEES.—Subject to subsection (b), 
the Administrator of the Federal Aviation Administration shall 
establish and collect a fee for each of the following services and 
activities of the Administration that does not exceed the estimated 
costs of the service or activity: 
‘‘(1) Registering an aircraft.
H. R. 658—10 
‘‘(2) Reregistering, replacing, or renewing an aircraft reg-
istration certificate. 
‘‘(3) Issuing an original dealer’s aircraft registration certifi-
cate. 
‘‘(4) Issuing an additional dealer’s aircraft registration cer-
tificate (other than the original). 
‘‘(5) Issuing a special registration number. 
‘‘(6) Issuing a renewal of a special registration number 
reservation. 
‘‘(7) Recording a security interest in an aircraft or aircraft 
part. 
‘‘(8) Issuing an airman certificate. 
‘‘(9) Issuing a replacement airman certificate. 
‘‘(10) Issuing an airman medical certificate. 
‘‘(11) Providing a legal opinion pertaining to aircraft reg-
istration 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 appropriations Act. 
‘‘(c) FEES CREDITED AS OFFSETTING COLLECTIONS.— 
‘‘(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 the fee is imposed, 
including all costs associated with collecting the fee; and 
‘‘(C) remain available until expended. 
‘‘(2) CONTINUING APPROPRIATIONS.—The Administrator 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 pro-
viding continuing appropriations in lieu of the Administration’s 
regular appropriations. 
‘‘(3) ADJUSTMENTS.—The Administrator shall adjust a fee 
established under subsection (a) for a service or activity if 
the Administrator determines that the actual cost of the service 
or activity is higher or lower than was indicated by the cost 
data used to establish such fee.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 453 is 
amended by adding at the end the following: 
‘‘45305. Registration, certification, and related fees.’’. 
(c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR TRANSPOR-
TATION.—Section 45302(e) is amended— 
(1) by striking ‘‘A fee’’ and inserting the following: 
‘‘(1) IN GENERAL.—A fee’’; and 
(2) by adding at the end the following: 
‘‘(2) EFFECT OF IMPOSITION OF OTHER FEES.—A fee may 
not be imposed for a service or activity under this section 
during any period in which a fee for the same service or 
activity is imposed under section 45305.’’.
H. R. 658—11 
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 subparagraph 
(D); and 
(3) by inserting after subparagraph (B) the following: 
‘‘(C) consider passenger convenience, airport ground 
access, and access to airport facilities; and’’. 
SEC. 132. 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 including 
acquiring glycol recovery vehicles,’’ after ‘‘aircraft,’’; and 
(3) by adding at the end the following: 
‘‘(M) construction of mobile refueler parking within 
a fuel farm at a nonprimary airport meeting the require-
ments of section 112.8 of title 40, Code of Federal Regula-
tions. 
‘‘(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, nonexclusive use facilities to aircraft 
parked at a public use airport for the purpose of reducing 
energy use or harmful emissions as compared to the provi-
sion 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 defined by regula-
tions the Secretary prescribes and includes— 
‘‘(A) integrated airport system planning; 
‘‘(B) developing an environmental management 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 para-
graphs (25) through (27), respectively; 
(2) by redesignating paragraphs (8) through (22) as para-
graphs (9) through (23), respectively; and 
(3) by inserting after paragraph (7) the following: 
‘‘(8) ‘general aviation airport’ means a public airport that 
is located in a State and that, as determined by the Secretary— 
‘‘(A) does not have scheduled service; or 
‘‘(B) has scheduled service with less than 2,500 pas-
senger 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:
H. R. 658—12 
‘‘(24) ‘revenue producing aeronautical support facilities’ 
means fuel farms, hangar buildings, self-service credit card 
aeronautical fueling systems, airplane wash racks, major 
rehabilitation of a hangar owned by a sponsor, or other aero-
nautical 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; 
‘‘(ii) access roads servicing exclusively airport 
traffic that leads directly to or from an airport pas-
senger terminal building; and 
‘‘(iii) walkways that lead directly to or from an 
airport passenger terminal building; and 
‘‘(B) the cost of a vehicle described in section 
47119(a)(1)(B).’’. 
SEC. 133. 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 air-
port; 
‘‘(B) minimizing the generation of solid waste at the 
airport; 
‘‘(C) operation and maintenance requirements; 
‘‘(D) the review of waste management contracts; and 
‘‘(E) the potential for cost savings or the generation 
of revenue.’’. 
SEC. 134. 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. 135. GRANT ASSURANCES. 
(a) 
GENERAL
WRITTEN
ASSURANCES.—Section 
47107(a)(16)(D)(ii) is amended by inserting before the semicolon 
at the end the following: ‘‘, except in the case of a relocation 
or replacement of an existing airport facility that meets the condi-
tions of section 47110(d)’’. 
(b) WRITTEN ASSURANCES ON ACQUIRING LAND.— 
(1) USE OF PROCEEDS.—Section 47107(c)(2) is amended— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause (i) by striking 
‘‘purpose—’’ and inserting ‘‘purpose (including land 
serving as a noise buffer either by being undeveloped
H. R. 658—13 
or developed in a way that is compatible with using 
the land for noise buffering purposes)—’’; 
(ii) in clause (iii) by striking ‘‘paid to the Secretary’’ 
and all that follows before the semicolon and inserting 
‘‘reinvested in another project at the airport or trans-
ferred to another airport as the Secretary prescribes 
under paragraph (4)’’; and 
(B) in subparagraph (B)(iii) by striking ‘‘reinvested, 
on application’’ and all that follows before the period at 
the end and inserting ‘‘reinvested in another project at 
the airport or transferred to another airport as the Sec-
retary prescribes under paragraph (4)’’. 
(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) or (2)(B)(iii), the Secretary shall give pref-
erence, in descending order, to the following actions: 
‘‘(A) Reinvestment in an approved noise compatibility 
project. 
‘‘(B) Reinvestment in an approved project that is eligible 
for funding under section 47117(e). 
‘‘(C) Reinvestment in an approved airport development 
project that is eligible for funding under section 47114, 47115, 
or 47117. 
‘‘(D) Transfer to a sponsor of another public airport to 
be reinvested in an approved noise compatibility project at 
that airport. 
‘‘(E) Payment to the Secretary for deposit in the Airport 
and Airway Trust Fund established under section 9502 of the 
Internal Revenue Code of 1986. 
‘‘(5)(A) A lease at fair market value by an airport owner or 
operator of land acquired for a noise compatibility purpose using 
a grant provided under this subchapter shall not be considered 
a disposal for purposes of paragraph (2). 
‘‘(B) The airport owner or operator may use revenues from 
a lease described in subparagraph (A) for an approved airport 
development project that is eligible for funding under section 47114, 
47115, or 47117. 
‘‘(C) The Secretary shall coordinate with each airport owner 
or operator to ensure that leases described in subparagraph (A) 
are consistent with noise buffering purposes. 
‘‘(D) The provisions of this paragraph apply to all land acquired 
before, on, or after the date of enactment of this paragraph.’’. 
SEC. 136. 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 assur-
ance made under this section or under any other provision 
of law as a condition for the receipt of Federal financial assist-
ance for airport development, solely because the sponsor enters 
into an agreement that grants to a person that owns residential
H. R. 658—14 
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 described in para-
graph (1) between an airport sponsor and a property owner 
(or an association representing such property owner) shall 
be a written agreement that prescribes the rights, respon-
sibilities, charges, duration, and other terms the airport 
sponsor determines are necessary to establish and manage 
the airport sponsor’s relationship with the property owner. 
‘‘(B) TERMS AND CONDITIONS.—An agreement described 
in paragraph (1) between an airport sponsor and a property 
owner (or an association representing such property owner) 
shall require the property owner, at minimum— 
‘‘(i) to pay airport access charges that, as deter-
mined 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 determined by the airport 
sponsor, is necessary to provide aircraft located on 
the property adjacent to or near the airport access 
to the airfield of the airport; 
‘‘(iii) to maintain the property for residential, non-
commercial use for the duration of the agreement; 
‘‘(iv) to prohibit access to the airport from other 
properties through the property of the property owner; 
and 
‘‘(v) to prohibit any aircraft refueling from occur-
ring on the property.’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall apply to an agreement between an airport sponsor and a 
property owner (or an association representing such property owner) 
entered into before, on, or after the date of enactment of this 
Act. 
SEC. 137. 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 Government’s share of allowable 
project costs for the airport may not exceed 90 percent for the 
first 2 fiscal years after such change in hub status. 
‘‘(f) SPECIAL RULE
FOR ECONOMICALLY DISTRESSED COMMU-
NITIES.—The Government’s share of allowable project costs shall 
be 95 percent for a project at an airport that— 
‘‘(1) is receiving essential air service for which compensa-
tion was provided to an air carrier 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
H. R. 658—15 
Economic Development Act of 1965 (42 U.S.C. 3161(a)), as 
determined by the Secretary of Commerce.’’. 
SEC. 138. 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 because the airport has a shortened construction 
season due to climactic conditions in the vicinity of the 
airport; 
‘‘(ii) the cost is in accordance with an airport layout 
plan approved by the Secretary and with all statutory 
and administrative requirements that would have been 
applicable to the project if the project had been carried 
out after execution of the grant agreement, including 
submission of a complete grant application to the appro-
priate regional or district office of the Federal Aviation 
Administration; 
‘‘(iii) the sponsor notifies the Secretary before author-
izing work to commence on the project; 
‘‘(iv) the sponsor has an alternative funding 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 allocation of discretionary funds;’’. 
(b) INCLUSION OF MEASURES TO IMPROVE EFFICIENCY OF AIR-
PORT BUILDINGS
IN AIRPORT IMPROVEMENT PROJECTS.—Section 
47110(b) is amended— 
(1) in paragraph (5) by striking ‘‘; and’’ and inserting 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 improve the 
efficiency of an airport building (such as a measure designed 
to meet one or more of the criteria for being considered a 
high-performance green 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 airport develop-
ment; 
‘‘(B) the measure is for an airport building that is 
otherwise eligible for construction assistance 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 FACILITIES.—The Sec-
retary may determine that the costs of relocating or replacing 
an airport-owned facility are allowable for an airport development 
project at an airport only if—
H. R. 658—16 
‘‘(1) the Government’s share of such costs will be paid 
with funds apportioned to the airport sponsor under section 
47114(c)(1) or 47114(d); 
‘‘(2) the Secretary determines that the relocation or replace-
ment 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 pro-
ducing’’; and 
(2) by striking ‘‘, including fuel farms and hangars,’’. 
(e) 
BIRD-DETECTING
RADAR
SYSTEMS.—Section 
47110 
is 
amended by adding at the end the following: 
‘‘(i) BIRD-DETECTING RADAR SYSTEMS.—The Administrator of 
the Federal Aviation Administration, upon the conclusion of all 
planned research by the Administration regarding avian radar sys-
tems, shall— 
‘‘(1) update Advisory Circular No. 150/5220–25 to specify 
which systems have been studied; and 
‘‘(2) within 180 days after such research is concluded, issue 
a final report on the use of avian radar systems in the national 
airspace system.’’. 
SEC. 139. VETERANS’ PREFERENCE. 
Section 47112(c) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B) by striking ‘‘separated from’’ 
and inserting ‘‘discharged or released 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 support of Operation Enduring 
Freedom, Operation Iraqi Freedom, or Operation New Dawn 
for more than 180 consecutive days, any part of which occurred 
after September 11, 2001, and before the 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 released 
from active duty in the armed forces under honorable condi-
tions. 
‘‘(D) ‘Persian Gulf veteran’ means an individual who served 
on active duty in the armed forces in the Southwest Asia 
theater of operations during the Persian Gulf War for more 
than 180 consecutive days, any part of which occurred after 
August 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 condi-
tions.’’; and 
(2) in paragraph (2) by striking ‘‘Vietnam-era veterans 
and disabled veterans’’ and inserting ‘‘Vietnam-era veterans, 
Persian Gulf veterans, Afghanistan-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 con-
trolled by disabled veterans’’.