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.
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.
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.
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
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:
‘‘§ 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’’.
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—
(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).’’.
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-
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—
(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).
(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
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-
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
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.—
‘‘(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
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
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).
‘‘(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
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:
‘‘(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-
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
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:
‘‘(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;
‘‘(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;
‘‘(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)’’.
(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’’.
(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
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;
‘‘(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
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
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-
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);
‘‘(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
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’’.
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
‘‘(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
‘‘(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:
‘‘(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
otherwise would be apportioned under this 
section; or 
‘‘(ii) with respect to an airport in Ha-
waii, 50 percent of the projected revenues 
from the charge in the fiscal year but not 
by more than 50 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; and 
‘‘(B) in the case of a charge of more than 
$3.00— 
‘‘(i) except as provided in clause (ii), 
75 percent of the projected revenues from 
the charge in the fiscal year but not by 
more than 75 percent of the amount that 
otherwise would be apportioned under this 
section; or 
‘‘(ii) with respect to an airport in Ha-
waii, 75 percent of the projected revenues
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:
‘‘(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
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
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—
(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.
‘‘(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);