Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	44,418	n/a	n/a
Reported in House	45,430	147	5%
Engrossed in House	52,626	233	25%
Received in Senate	52,312	5	2%
Engrossed Amendment Senate	66,642	2,272	95%
Enrolled Bill	62,582	2,238 Show Changes Hide Changes	93%

Display Version Introduced in House Reported in House Engrossed in House Received in Senate Engrossed Amendment Senate Enrolled Bill

HR 658 EAS

In the Senate of the United States,

April 7 (legislative day, April 5), 2011.

Resolved,That the bill from the House of Representatives (H.R.658CommentsClose CommentsPermalink

) entitled ‘An Act t One Hundred Twelfth Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2011 through 2014, to streamline programs, create efficiencies, reduce waste, and improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes.CommentsClose CommentsPermalink

’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.CommentsClose CommentsPermalink

(a) SHORT TITLEhort Title- This Act may be cited as the ‘FAA Air Transportation Modernization and Safety Improvement ActModernization and Reform Act of 2012’.CommentsClose CommentsPermalink





(b) TABLE OF CONTENTSable of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Amendments to title 49, United States Code.CommentsClose CommentsPermalink





Sec. 3. Effective date.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATIONS

Sec. 101. Airport planning and development and noise compatibility planning and programs.CommentsClose CommentsPermalink





Sec. 102. Air navigation facilities and equipment.CommentsClose CommentsPermalink





Sec. 103. FAA operations.CommentsClose CommentsPermalink





Sec. 104. Funding for aviation programs.CommentsClose CommentsPermalink





Sec. 105. Other aviation programDelineation of Next Generation Air Transportation System projects.CommentsClose CommentsPermalink

Sec. 111. Passenger facility charges.CommentsClose CommentsPermalink





Sec. 106. Delineation of Next Generation Air Transportation System project12. GAO study of alternative means of collecting PFCs.CommentsClose CommentsPermalink





Sec. 107. Funding for administrative expenses for airport programs.TITLE II--AIRPORT IMPROVEMENTSSec. 201. Reform of passenger facility charge authority13. Qualifications-based selection.CommentsClose CommentsPermalink

Sec. 121. Update on overflights.CommentsClose CommentsPermalink





Sec. 202. Passenger facility charge pilot program122. Registration fees.CommentsClose CommentsPermalink

Sec. 131. Airport master plans.CommentsClose CommentsPermalink





Sec. 203. Amendments to g132. AIP definitions.CommentsClose CommentsPermalink





Sec. 133. Recycling plans for airports.CommentsClose CommentsPermalink





Sec. 134. Contents of competition plans.CommentsClose CommentsPermalink





Sec. 135. Grant assurances.CommentsClose CommentsPermalink





Sec. 204136. Agreements granting through-the-fence access to general aviation airports.CommentsClose CommentsPermalink





Sec. 137. Government share of project costs.CommentsClose CommentsPermalink





Sec. 205. Amendments to allowable138. Allowable project costs.CommentsClose CommentsPermalink





Sec. 206139. Veterans’ preference.CommentsClose CommentsPermalink





Sec. 140. Minority and disadvantaged business participation.CommentsClose CommentsPermalink





Sec. 141. Special apportionment rules.CommentsClose CommentsPermalink





Sec. 142. United States territories minimum guarantee.CommentsClose CommentsPermalink





Sec. 143. Reducing apportionments.CommentsClose CommentsPermalink





Sec. 144. Marshall Islands, Micronesia, and Palau.CommentsClose CommentsPermalink





Sec. 145. Use of apportioned amounts.CommentsClose CommentsPermalink





Sec. 146. Designating current and former military airports.CommentsClose CommentsPermalink





Sec. 147. Contract tower program.CommentsClose CommentsPermalink





Sec. 148. Resolution of disputes concerning airport fees.CommentsClose CommentsPermalink





Sec. 149. Sale of private airport to public sponsors to public sponsors.CommentsClose CommentsPermalink





Sec. 207. Government share of certain air project costs.Sec. 207(b). Prohibition on use of passenger facility charges to construct bicycle storage facilities150. Repeal of certain limitations on Metropolitan Washington Airports Authority.CommentsClose CommentsPermalink





Sec. 208151. Midway Island Airport.CommentsClose CommentsPermalink





Sec. 152. Miscellaneous amendments.CommentsClose CommentsPermalink





Sec. 209. State block grant program153. Extension of grant authority for compatible land use planning and projects by State and local governments.CommentsClose CommentsPermalink





Sec. 210. Airport funding of special studies or review154. Priority review of construction projects in cold weather States.CommentsClose CommentsPermalink





Sec. 211. Grant eligibility for assessment of flight procedure155. Study on national plan of integrated airport systems.CommentsClose CommentsPermalink





Sec. 212. Safety-critical airport156. Airport privatization program.CommentsClose CommentsPermalink

Sec. 201. Definitions.CommentsClose CommentsPermalink





Sec. 213. Environmental mitigation demonstration pilot program02. NextGen demonstrations and concepts.CommentsClose CommentsPermalink





Sec. 203. Clarification of authority to enter into reimbursable agreements.CommentsClose CommentsPermalink





Sec. 204. Chief NextGen Officer.CommentsClose CommentsPermalink





Sec. 205. Definition of air navigation facility.CommentsClose CommentsPermalink





Sec. 206. Clarification to acquisition reform authority.CommentsClose CommentsPermalink





Sec. 207. Assistance to foreign aviation authorities.CommentsClose CommentsPermalink





Sec. 208. Next Generation Air Transportation System Joint Planning and Development Office.CommentsClose CommentsPermalink





Sec. 209. Next Generation Air Transportation Senior Policy Committee.CommentsClose CommentsPermalink





Sec. 210. Improved management of property inventory.CommentsClose CommentsPermalink





Sec. 211. Automatic dependent surveillance-broadcast services.CommentsClose CommentsPermalink





Sec. 212. Expert review of enterprise architecture for NextGen.CommentsClose CommentsPermalink





Sec. 213. Acceleration of NextGen technologies.CommentsClose CommentsPermalink





Sec. 214. Allowable project costPerformance metrics.CommentsClose CommentsPermalink





Sec. 215. Glycol recovery vehiclCertification standards and resources.CommentsClose CommentsPermalink





Sec. 216. Research improvement for aircraftSurface systems acceleration.CommentsClose CommentsPermalink





Sec. 217. United States Territory minimum guaranteeInclusion of stakeholders in air traffic control modernization projects.CommentsClose CommentsPermalink





Sec. 218. Merrill Field Airport, Anchorage, AlaskaAirspace redesign.CommentsClose CommentsPermalink





Sec. 219. Release from restriStudy on feasibility of development of a public internet web-based resource on locations of potential aviation obstructions.CommentsClose CommentsPermalink





Sec. 220. Designation of former military airportsNextGen research and development center of excellence.CommentsClose CommentsPermalink





Sec. 221. Airport sustainability planning working groupPublic-private partnerships.CommentsClose CommentsPermalink





Sec. 222. Inclusion of measures to improve the efficiency of airport buildings in airport improvement projectOperational incentives.CommentsClose CommentsPermalink





Sec. 223. Study on apportioning amounts for airport improvement in proportion to amounts of air trafficEducational requirements.CommentsClose CommentsPermalink





Sec. 224. Use of mineral revenue at certain airportsAir traffic controller staffing initiatives and analysis.CommentsClose CommentsPermalink





Sec. 225. Reports on status of greener skies project.CommentsClose CommentsPermalink

TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORMSec. 301. Air Traffic Control Modernization Oversight BoardSAFETY

Sec. 301. Judicial review of denial of airman certificates.CommentsClose CommentsPermalink





Sec. 302. NextGen managementRelease of data relating to abandoned type certificates and supplemental type certificates.CommentsClose CommentsPermalink





Sec. 303. Facilitation of next generation air traffic servicDesign and production organization certificates.CommentsClose CommentsPermalink





Sec. 304. Clarification of authority to enter into reimbursable agreementsabin crew communication.CommentsClose CommentsPermalink





Sec. 305. Clarification to acquisition reform authorityLine check evaluations.CommentsClose CommentsPermalink





Sec. 306. Assistance to other aviation authoritieSafety of air ambulance operations.CommentsClose CommentsPermalink





Sec. 307. Presidential rank award programohibition on personal use of electronic devices on flight deck.CommentsClose CommentsPermalink





Sec. 308. Next generation facilities needs assessmentInspection of repair stations located outside the United States.CommentsClose CommentsPermalink





Sec. 309. Next generation air transportation system implementation officeEnhanced training for flight attendants.CommentsClose CommentsPermalink





Sec. 310. Definition of air navigation facilityLimitation on disclosure of safety information.CommentsClose CommentsPermalink





Sec. 311. Improved management of property inventoryProhibition against aiming a laser pointer at an aircraft.CommentsClose CommentsPermalink





Sec. 312. Educational requirementsAircraft certification process review and reform.CommentsClose CommentsPermalink





Sec. 313. Consistency of regulatory interpretation.CommentsClose CommentsPermalink





Sec. 313. FAA personnel management system.Sec. 314. Acceleration of NextGen technologiesRunway safety.CommentsClose CommentsPermalink





Sec. 315. Flight Standards Evaluation Program.CommentsClose CommentsPermalink





Sec. 315. ADS-B development and implementation.Sec. 316. Equipage incentivesCockpit smoke.CommentsClose CommentsPermalink





Sec. 317. Performance metricsOff-airport, low-altitude aircraft weather observation technology.CommentsClose CommentsPermalink





Sec. 318. Certification standards and resourcFeasibility of requiring helicopter pilots to use night vision goggles.CommentsClose CommentsPermalink





Sec. 319. Report on funding for NextGen technology.Sec. 320. Unmanned aerial systemMaintenance providers.CommentsClose CommentsPermalink





Sec. 320. Study of air quality in aircraft cabins.CommentsClose CommentsPermalink





Sec. 321. Surface Systems Program OfficeImproved pilot licenses.CommentsClose CommentsPermalink

Sec. 331. Definitions.CommentsClose CommentsPermalink





Sec. 322. Stakeholder coordination32. Integration of civil unmanned aircraft systems into national airspace system.CommentsClose CommentsPermalink





Sec. 323. FAA task force on air traffic control facility condition33. Special rules for certain unmanned aircraft systems.CommentsClose CommentsPermalink





Sec. 324. State ADS-B equipage bank pilot program34. Public unmanned aircraft systems.CommentsClose CommentsPermalink





Sec. 325. Implementation of Inspector General ATC recommendation35. Safety studies.CommentsClose CommentsPermalink





Sec. 326. Semiannual report on status of Greener Skies project36. Special rule for model aircraft.CommentsClose CommentsPermalink

Sec. 341. Aviation Safety Whistleblower Investigation Office.CommentsClose CommentsPermalink





Sec. 327. Definition42. Postemployment restrictions for flight standards inspectors.CommentsClose CommentsPermalink





Sec. 328. Financial incentives for Nextgen Equipage43. Review of air transportation oversight system database.CommentsClose CommentsPermalink





Sec. 344. Improved voluntary disclosure reporting system.CommentsClose CommentsPermalink





Sec. 345. Duty periods and flight time limitations applicable to flight crewmembers.CommentsClose CommentsPermalink





Sec. 346. Certain existing flight time limitations and rest requirements.CommentsClose CommentsPermalink





Sec. 347. Emergency locator transmitters on general aviation aircraft.CommentsClose CommentsPermalink

TITLE IV--AIRLINE SERVICE AND SMALL COMMUNITY AIR SERVICE IMPROVEMENTS

SUBTITLE A--CONSUMER PROTECTIONubtitle A--Passenger Air Service Improvements

Sec. 401. Airline customer service commitmentSmoking prohibition.CommentsClose CommentsPermalink





Sec. 402. Publication of customer service data and flight delay historyMonthly air carrier reports.CommentsClose CommentsPermalink





Sec. 403. Expansion ofMusical instruments.CommentsClose CommentsPermalink





Sec. 404. Extension of competitive access reports.CommentsClose CommentsPermalink





Sec. 405. Airfares for members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 406. Review of air carrier flight delays, cancellations, and associated causes.CommentsClose CommentsPermalink





Sec. 407. Compensation for delayed baggage.CommentsClose CommentsPermalink





Sec. 408. DOT airline consumer complaint investigations.CommentsClose CommentsPermalink





Sec. 4049. Study of operators regulated under part 135.CommentsClose CommentsPermalink





Sec. 410. Use of cell phones on passenger aircraft.CommentsClose CommentsPermalink





Sec. 411. Establishment of advisory committee for aviation consumer protection.CommentsClose CommentsPermalink





Sec. 405. Disclosure of passenger fees.

Sec. 406. Disclosure of air carriers operating flights for tickets sold for air transportation.

Sec. 407. Notification requirements with respect to the sale of airline tickets.

Sec. 40812. Disclosure of seat dimensions to facilitate the use of child safety seats on aircraft.CommentsClose CommentsPermalink




SUBTITLE B--ESSENTIAL AIR SERVICE; SMALL COMMUNITIES

Sec. 411. EAS connectivity program.

Sec. 412. Extension of final order establishing mileage adjustment eligibility.

Sec. 413. EAS contract guidelinesSchedule reduction.CommentsClose CommentsPermalink




Sec. 414. Conversion of former EAS airportRonald Reagan Washington National Airport slot exemptions.CommentsClose CommentsPermalink





Sec. 415. EAS reformPassenger air service improvements.CommentsClose CommentsPermalink

Sec. 421. Limitation on essential air service to locations that average fewer than 10 enplanements per day.CommentsClose CommentsPermalink





Sec. 416. Small community air service22. Essential air service eligibility.CommentsClose CommentsPermalink





Sec. 417. EAS23. Essential air service marketing.CommentsClose CommentsPermalink





Sec. 418. Rural aviation improvement24. Notice to communities prior to termination of eligibility for subsidized essential air service.CommentsClose CommentsPermalink





Sec. 419. Repeal of essential air service local participation program25. Restoration of eligibility to a place determined to be ineligible for subsidized essential air service.CommentsClose CommentsPermalink





Sec. 420. Limitation on essential air service to locations that are 90 or more miles away from the nearest medium or large hub airport6. Adjustments to compensation for significantly increased costs.CommentsClose CommentsPermalink





Sec. 421. Limitation on essential air service to locations that average 10 or more enplanements per day.SUBTITLE C--MISCELLANEOUSSec. 431. Clarification of air carrier fee disput7. Essential air service contract guidelines.CommentsClose CommentsPermalink





Sec. 432. Contract tower progra28. Essential air service reform.CommentsClose CommentsPermalink





Sec. 433. Airfares for members of the Armed Forces29. Small community air service.CommentsClose CommentsPermalink





Sec. 434. Authorization of use of certain lands in the Las Vegas McCarran International Airport Environs Overlay District for transient lodging and associated facilities0. Repeal of essential air service local participation program.CommentsClose CommentsPermalink





Sec. 431. Extension of final order establishing mileage adjustment eligibility.CommentsClose CommentsPermalink

TITLE V--SAFETYSUBTITLE A--AVIATION SAFETYENVIRONMENTAL STREAMLINING

Sec. 501. Runway safety equipment planOverflights of national parks.CommentsClose CommentsPermalink





Sec. 502. Judicial review of denial of airman certificatesState block grant program.CommentsClose CommentsPermalink





Sec. 503. Release of data relating to abandoned type certificates and supplemental type certificateAirport funding of special studies or reviews.CommentsClose CommentsPermalink





Sec. 504. Design organization certificatGrant eligibility for assessment of flight procedures.CommentsClose CommentsPermalink





Sec. 505. FAA access to criminal history records or database systemDetermination of fair market value of residential properties.CommentsClose CommentsPermalink





Sec. 506. Pilot fatigue.Sec. 507. Increasing safety for helicopter and fixed wing emergency medical service operators and patientrohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels.CommentsClose CommentsPermalink





Sec. 507. Aircraft departure queue management pilot program.CommentsClose CommentsPermalink





Sec. 508. Cabin crew communicationHigh performance, sustainable, and cost-effective air traffic control facilities.CommentsClose CommentsPermalink





Sec. 509. Clarification of memorandum of understanding with OSHASense of Congress.CommentsClose CommentsPermalink





Sec. 510. Acceleration of development and implementation of required navigation performance approach procedureviation noise complaints.CommentsClose CommentsPermalink





Sec. 511. Improved safety information.

Sec. 512. Voluntary disclosure reporting process improvements.

Sec. 513. Procedural improvements for inspections.

Sec. 514. Independent review of safety issues.

Sec. 515. National review team.

Sec. 516. FAA Academy improvements.

Sec. 517. Reduction of runway incursions and operational errors.

Sec. 518. Aviation safety whistleblower investigation office.

Sec. 519. Modification of customer service initiative.

Sec. 520. Headquarters review of air transportation oversight system database.

Sec. 521. Inspection of foreign repair stations.

Sec. 522. Non-certificated maintenance providers.

Sec. 523. Use of explosive pest control devices.

SUBTITLE B--FLIGHT SAFETY

Sec. 551. FAA pilot records database.

Sec. 552. Air carrier safety management systems.

Sec. 553. Secretary of Transportation responses to safety recommendations.

Sec. 554. Improved Flight Operational Quality Assurance, Aviation Safety Action, and Line Operational Safety Audit programs.

Sec. 555. Re-evaluation of flight crew training, testing, and certification requirements.

Sec. 556. Flightcrew member mentoring, professional development, and leadership.

Sec. 557. Flightcrew member screening and qualifications.

Sec. 558. Prohibition on personal use of certain devices on flight deck.

Sec. 559. Safety inspections of regional air carriers.

Sec. 560. Establishment of safety standards with respect to the training, hiring, and operation of aircraft by pilots.

Sec. 561. Oversight of pilot training schools.

Sec. 562. Enhanced training for flight attendants and gate agents.

Sec. 563. DefinitionPilot program for zero-emission airport vehicles.CommentsClose CommentsPermalink




Sec. 564. Study of air quality in aircraft cabin12. Increasing the energy efficiency of airport power sources.CommentsClose CommentsPermalink

TITLE VI--AVIATION RESEARCHSec. 601. Airport cooperative research prograFAA EMPLOYEES AND ORGANIZATION

Sec. 601. Federal Aviation Administration personnel management system.CommentsClose CommentsPermalink





Sec. 602. Reduction of noise, emissions, and energy consumption from civilian aircraftPresidential rank award program.CommentsClose CommentsPermalink





Sec. 603. Production of alternative fuel technology for civilian aircraftCollegiate training initiative study.CommentsClose CommentsPermalink





Sec. 604. Production of clean coal fuel technology for civilian aircraftFrontline manager staffing.CommentsClose CommentsPermalink





Sec. 605. Research program to improve airfield pavementsFAA technical training and staffing.CommentsClose CommentsPermalink





Sec. 606. Wake turbulence, volcanic ash, and weather researchSafety critical staffing.CommentsClose CommentsPermalink





Sec. 607. Incorporation of unmanned aircraft systems into FAA plans and policiesAir traffic control specialist qualification training.CommentsClose CommentsPermalink





Sec. 608. Reauthorization of center of excellence in applied research and training in the use of advanced materials in transport aircraftFAA air traffic controller staffing.CommentsClose CommentsPermalink





Sec. 609. Pilot program for zero emission airport vehiclesAir traffic controller training and scheduling.CommentsClose CommentsPermalink





Sec. 610. Reduction of emissions from airport power sourceFAA facility conditions.CommentsClose CommentsPermalink





Sec. 611. Siting of windfarms near FAA navigational aides and other assets.Sec. 612. Research and development for equipment to clean and monitor the engine and APU bleed air supplied on pressurized aircraftTechnical correction.CommentsClose CommentsPermalink

TITLE VII--MISCELLANEOUSAVIATION INSURANCE

Sec. 701. General authority.CommentsClose CommentsPermalink





Sec. 702. Human intervention management study.

Sec. 703. Airport program modifications.

Sec. 704. Miscellaneous program extensions.

Sec. 705. Extension of competitive access reports.

Sec. 706. Update on overflights.

Sec. 707. Technical correctionsExtension of authority to limit third-party liability of air carriers arising out of acts of terrorism.CommentsClose CommentsPermalink




Sec. 708. FAA technical training and staffing3. Clarification of reinsurance authority.CommentsClose CommentsPermalink





Sec. 709. Commercial air tour operators in4. Use of independent claims adjusters.CommentsClose CommentsPermalink

Sec. 801. Disclosure of data to Federal agencies in interest of national parks.

Sec. 710. Phaseout of Stage 1 and 2 aircraft.

Sec. 711. Weight restrictions at Teterboro Airport.

Sec. 712. Pilot program for redevelopment of airport properties.

Sec. 713. Transporting musical instruments.

Sec. 714. Recycling plans for airports.

Sec. 715. Disadvantaged Business Enterprise Program adjustmentssecurity.CommentsClose CommentsPermalink




Sec. 716. Front line manager staffing802. FAA authority to conduct criminal history record checks.CommentsClose CommentsPermalink





Sec. 717. Study of helicopter and fixed wing air ambulance services.Sec. 718. Repeal of certain limitations on Metropolitan Washington Airports Authority803. Civil penalties technical amendments.CommentsClose CommentsPermalink





Sec. 719. Study of aeronautical mobile telemetry804. Consolidation and realignment of FAA services and facilities.CommentsClose CommentsPermalink





Sec. 720. Flightcrew member pairing and crew resource management techniques805. Limiting access to flight decks of all-cargo aircraft.CommentsClose CommentsPermalink





Sec. 721806. Consolidation or elimination of obsolete, redundant, or otherwise unnecessary reports; use of electronic media format.CommentsClose CommentsPermalink





Sec. 722. Line check evaluation807. Prohibition on use of certain funds.CommentsClose CommentsPermalink





Sec. 723. Report on Newark Liberty Airport air traffic control tower808. Study on aviation fuel prices.CommentsClose CommentsPermalink





Sec. 724. Priority review of construction projects in cold weather States809. Wind turbine lighting.CommentsClose CommentsPermalink





Sec. 725810. Air-rail codeshare sharing study.CommentsClose CommentsPermalink





Sec. 726. On-going monitoring of and report on the New York/New Jersey/Philadelphia811. D.C. Metropolitan Area Airspace RedesignSpecial Flight Rules Area.CommentsClose CommentsPermalink





Sec. 727. Study on aviation fuel prices812. FAA review and reform.CommentsClose CommentsPermalink





Sec. 728. Land conveyance for Southern Nevada Supplemental Airport813. Use of mineral revenue at certain airports.CommentsClose CommentsPermalink





Sec. 729814. Contracting.CommentsClose CommentsPermalink





Sec. 815. Flood planning.CommentsClose CommentsPermalink





Sec. 816. Historical aircraft documents.CommentsClose CommentsPermalink





Sec. 817. Release from restrictions.CommentsClose CommentsPermalink





Sec. 818. Sense of Congress.CommentsClose CommentsPermalink





Sec. 819. Human Intervention Motivation Study.CommentsClose CommentsPermalink





Sec. 820. Study of aeronautical mobile telemetry.CommentsClose CommentsPermalink





Sec. 821. Clarification of requirements for volunteer pilots operating charitable medical flights.CommentsClose CommentsPermalink





Sec. 730822. Pilot program for redevelopment of airport properties.CommentsClose CommentsPermalink





Sec. 823. Report on New York City and Newark air traffic control facilities.CommentsClose CommentsPermalink





Sec. 824. Cylinders of compressed oxygen, nitrous oxide, or other oxidizing gases.CommentsClose CommentsPermalink





Sec. 731. Technical correction825. Orphan aviation earmarks.CommentsClose CommentsPermalink





Sec. 732. Plan for flying scientific instruments on commercial flights826. Privacy protections for air passenger screening with advanced imaging technology.CommentsClose CommentsPermalink





Sec. 733. Prohibition against aiming a laser pointer at an aircraft827. Commercial space launch license requirements.CommentsClose CommentsPermalink





Sec. 734. Criminal penalty for unauthorized recording or distribution of security screening imag828. Air transportation of lithium cells and batteries.CommentsClose CommentsPermalink





Sec. 735829. Clarification of memorandum of understanding with OSHA.CommentsClose CommentsPermalink





Sec. 830. Approval of applications for the airport security screening opt-out program.CommentsClose CommentsPermalink

Sec. 901. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 736. Conveyance of land to city of Mesquite, Nevada902. Definitions.CommentsClose CommentsPermalink





Sec. 737. Ronald Reagan Washington National Airport Slot903. Unmanned aircraft systems.CommentsClose CommentsPermalink





Sec. 904. Research program on runways.CommentsClose CommentsPermalink





Sec. 738. Orphan Earmarks Act905. Research on design for certification.CommentsClose CommentsPermalink





Sec. 739. Privacy protections for aircraft passenger screening with906. Airport cooperative research program.CommentsClose CommentsPermalink





Sec. 907. Centers of excellence.CommentsClose CommentsPermalink





Sec. 908. Center of excellence for aviation human resource research.CommentsClose CommentsPermalink





Sec. 909. Interagency research on aviation and the environment.CommentsClose CommentsPermalink





Sec. 910. Aviation fuel research and development program.CommentsClose CommentsPermalink





Sec. 911. Research program on alternative jet fuel technology for civil aircraft.CommentsClose CommentsPermalink





Sec. 912. Review of FAA’s energy-related and environment-related research programs.CommentsClose CommentsPermalink





Sec. 913. Review of FAA’s aviation safety-related research programs.CommentsClose CommentsPermalink





Sec. 914. Production of clean coal fuel technology for civilian aircraft.CommentsClose CommentsPermalink





Sec. 915. Wake turbulence, volcanic ash, and weather research.CommentsClose CommentsPermalink





Sec. 916. Reauthorization of center of excellence in applied research and training in the use of advanced imaging technologymaterials in transport aircraft.CommentsClose CommentsPermalink





Sec. 740. Controlling helicopter noise pollution in residential areas917. Research and development of equipment to clean and monitor the engine and APU bleed air supplied on pressurized aircraft.CommentsClose CommentsPermalink





Sec. 918. Expert review of enterprise architecture for NextGen.CommentsClose CommentsPermalink





Sec. 919. Airport sustainability planning working group.CommentsClose CommentsPermalink

TITLE VIIX--NATIONAL MEDIATION BOARD

TITLE XI--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES

Sec. 81100. Amendment of 1986 code.CommentsClose CommentsPermalink





Sec. 81101. Extension of taxes funding airport and airway trust fund.CommentsClose CommentsPermalink





Sec. 81102. Extension of airport and airway trust fund expenditure authority.CommentsClose CommentsPermalink





Sec. 803. Modification of excise tax on kerosene used in aviation.

Sec. 804. Air traffic control system modernization account.

Sec. 805. Treatment of fractional aircraft 1103. Treatment of fractional aircraft ownership programs.CommentsClose CommentsPermalink




Sec. 806. Termination of exemption for small jet aircraft on nonestablished lines.Sec. 8071104. Transparency in passenger tax disclosures.CommentsClose CommentsPermalink





Sec. 8081105. Tax-exempt bond financing for fixed-wing emergency medical aircraft.CommentsClose CommentsPermalink





Sec. 809. Protection of Airport and Airway Trust Fund solvency.

Sec. 8101106. Rollover of amounts received in airline carrier bankruptcy.CommentsClose CommentsPermalink




Sec. 811. Application of levy to payments to Federal vendors relating to property1107. Termination of exemption for small jet aircraft on nonestablished lines.CommentsClose CommentsPermalink





Sec. 8121108. Modification of control definition for purposes of section 249.CommentsClose CommentsPermalink

TITLE IX--BUDGETARY EFFECTS

Sec. 901. Budgetary effects.

TITLE X--RESCISSION OF UNUSED TRANSPORTATION EARMARKS AND GENERAL REPORTING REQUIREMENT

Sec. 1001. Definition.

Sec. 1002. Rescission.

Sec. 1003. Agency wide identification and reports.

TITLE XI--REPEAL OF EXPANSION OF INFORMATION REPORTING REQUIREMENTS

Sec. 1101. Repeal of expansion of information reporting requirements.

TITLE XII--EMERGENCY MEDICAL SERVICE PROVIDERS PROTECTION AND LIABILITY PROTECTION FOR CERTAIN VOLUNTEER PILOTSSubtitle A--Emergency Medical Service Providers ProtectionCOMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010

Sec. 1201. Dale Long Emergency Medical Service Providers Protection Act.Subtitle B--Liability Protection

Sec. 1211. Short title.

Sec. 1212. Findings and purpose.

Sec. 1213. Liability protection for volunteer pilots that fly for public benefitCompliance provision.CommentsClose CommentsPermalink

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 3. EFFECTIVE DATE.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATIONSCommentsClose CommentsPermalink

SEC. 101. OPERATIONS.

Section 106(k)(1) is amended by striking subparagraphs (A) through (E) and inserting the following:

‘(A) $9,336,000,000 for fiscal year 2010; and

‘(B) $9,620,000,000 for fiscal year 2011ubtitle A--Funding of FAA ProgramsCommentsClose CommentsPermalink

‘Sec. 48103. Airport planning and development and noise compatibility planning and programsCommentsClose CommentsPermalink

‘(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 section 47504(c) $3,350,000,000 for each of fiscal years 2012 through 2015.CommentsClose CommentsPermalink





‘(b) Availability of Amounts- Amounts made available under subsection (a) shall remain available until expended.’.CommentsClose CommentsPermalink





(b) Obligational Authority- Section 47104(c) is amended in the matter preceding paragraph (1) by striking ‘After’ and all the follows before ‘the Secretary’ and inserting ‘After September 30, 2015,’.CommentsClose CommentsPermalink

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.CommentsClose CommentsPermalink

(a) Authorization of Appropriations- Section 48101(a) is amended by striking paragraphs (1) through (58) and inserting the following:CommentsClose CommentsPermalink





‘(1) $3,5002,731,000,000 for fiscal year 2012.CommentsClose CommentsPermalink





‘(2) $2,715,000,000 for fiscal year 2010, of which $500,000,000 is derived from the Air Traffic Control System Modernization Account of the Airport and Airways Trust Fund; and‘(2) $3,603.CommentsClose CommentsPermalink





‘(3) $2,730,000,000 for fiscal year 2011, of which $500,000,000 is derived from the Air Traffic Control System Modernization Account of the Airport and Airways Trust Fund4.CommentsClose CommentsPermalink





‘(4) $2,730,000,000 for fiscal year 2015.’.CommentsClose CommentsPermalink





SEC. 103. RESEARCH AND DEVELOPMENT.

Section 48102 is amended--

(1) by striking subsection (a) and inserting the following:

‘(a) IN GENERAL- Not more than the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) for conducting civil aviation research and development under sections 44504, 44505, 44507, 44509, and 44511 through 44513 of this title:

‘(1) $200,000,000 for fiscal year 2010.

‘(2) $206,000,000 for fiscal year 2011.’;

(2) by striking (b) Set-Asides- Section 48101 is amended-- CommentsClose CommentsPermalink




(1) by striking subsections (c), (d), (e), (h), and (i); andCommentsClose CommentsPermalink





(2) by redesignating subsections (f) and (g) as subsections (c) through (h); and

(3) by adding at the end the following:

‘(c) RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS- The Administrator of the Federal Aviation Administration shall establish a program to utilize undergraduate and technical colleges, including Historically Black Colleges and Universities, Hispanic Serving Institutions, tribally controlled colleges and universities, and Alaska Native and Native Hawaiian serving institutions in research on subjects of relevance to the Federal Aviation Administration. Grants may be awarded under this subsection for--

‘(1) research projects to be carried out at primarily undergraduate institutions and technical colleges;

‘(2) research projects that combine research at primarily undergraduate institutions and technical colleges with other research supported by the Federal Aviation Administration;

‘(3) research on future training requirements on projected changes in regulatory requirements for aircraft maintenance and power plant licensees; or

‘(4) research on the impact of new technologies and procedures, particularly those related to aircraft flight deck and air traffic management functions, and on training requirements for pilots and air traffic controllers.’and (d), respectively.CommentsClose CommentsPermalink

SEC. 104. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY PLANNING AND PROGRAMS.Section 48103 is amended by striking paragraphs (13. FAA OPERATIONS.CommentsClose CommentsPermalink

(a) In General- Section 106(k)(1) is amended by striking subparagraphs (A) through (6) and inserting the following:‘(1) $4,000H) and inserting the following:CommentsClose CommentsPermalink





‘(A) $9,653,000,000 for fiscal year 2010; and‘(2) $4,100,000,000 for fiscal year 20112;CommentsClose CommentsPermalink





‘(B) $9,539,000,000 for fiscal year 2013;CommentsClose CommentsPermalink





‘(C) $9,596,000,000 for fiscal year 2014; andCommentsClose CommentsPermalink





‘(D) $9,653,000,000 for fiscal year 2015.’.CommentsClose CommentsPermalink





(b) Authorized Expenditures- Section 106(k)(2) is amended--CommentsClose CommentsPermalink





(1) by striking subparagraphs (A), (B), (C), and (D);CommentsClose CommentsPermalink





(2) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (A), (B), and (C), respectively; andCommentsClose CommentsPermalink





(3) in subparagraphs (A), (B), and (C) (as so redesignated) by striking ‘2004 through 2007’ and inserting ‘2012 through 2015’.CommentsClose CommentsPermalink





(c) Authority To Transfer Funds- Section 106(k) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink

SEC. 105. OTHE4. FUNDING FOR AVIATION PROGRAMS.CommentsClose CommentsPermalink

Section 48114 is amended--

(1) by striking ‘2007’ in subsection (a)(1)(A) and inserting ‘2011’;

(2) by striking ‘2007,’ in subsection (a)(2) and inserting ‘2011,’; and

(3) (a) Airport and Airway Trust Fund Guarantee- Section 48114(a)(1)(A) is amended to read as follows: CommentsClose CommentsPermalink




‘(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--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(ii) in fiscal year 2014 and each fiscal year thereafter, be equal to the sum of--CommentsClose CommentsPermalink





‘(I) 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





Such amounts may be used only for the aviation investment programs listed in subsection (b)(1).’.CommentsClose CommentsPermalink





(b) Technical Correction- Section 48114(a)(1)(B) is amended by striking ‘2007’ in subsection (c)(2) and inserting ‘2011subsection (b)’ and inserting ‘subsection (b)(1)’.CommentsClose CommentsPermalink





(c) Additional Authorizations of Appropriations From the General Fund- Section 48114(a)(2) is amended by striking ‘2007’ and inserting ‘2015’.CommentsClose CommentsPermalink





(d) Estimated Level of Receipts Plus Interest Defined- Section 48114(b)(2) is amended--CommentsClose CommentsPermalink





(1) in the paragraph heading by striking ‘LEVEL’ and inserting ‘ESTIMATED LEVEL’; andCommentsClose CommentsPermalink





(2) by striking ‘level of receipts plus interest’ and inserting ‘estimated level of receipts plus interest’.CommentsClose CommentsPermalink





(e) Enforcement of Guarantees- Section 48114(c)(2) is amended by striking ‘2007’ and inserting ‘2015’.CommentsClose CommentsPermalink

SEC. 1065. DELINEATION OF NEXT GENERATION AIR TRANSPORTATION SYSTEM PROJECTS.CommentsClose CommentsPermalink

Section 44501(b) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3) by striking ‘and’ after the semicolon in paragraph (3);(2;CommentsClose CommentsPermalink





(2) in paragraph (4)(B) by striking ‘defense.’ in paragraph (4) and inserting ‘defense; and’; andCommentsClose CommentsPermalink





(3) by adding at the end thereof the following:

‘(5) a list of projects that are part of the Next Generation Air Transportation System and do not have as a primary purpose to operate or maintain the current air traffic control system.’.

SEC. 107. FUNDING FOR ADMINISTRATIVE EXPENSES FOR AIRPORT PROGRAMS.

(a) IN GENERAL- Section 48105 is amended to read as follows:

‘Sec. 48105. Airport programs administrative expenses

‘Of the amount made available under section 48103 of this title, the following may be available for administrative expenses relating to the Airport Improvement Program, passenger facility charge approval and oversight, national airport system planning, airport standards development and enforcement, airport certification, airport-related environmental activities (including legal services), and other airport-related activities (including airport technology research), to remain available until expended--

‘(1) for fiscal year 2010, $94,000,000; and

‘(2) for fiscal year 2011, $98,000,000.’.

(b) CONFORMING AMENDMENT- The table of contents for chapter 481 is amended by striking the item relating to section 48105 and inserting the following:

‘48105. Airport programs administrative expenses’.

(c) following:CommentsClose CommentsPermalink




‘(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).’.CommentsClose CommentsPermalink

Subtitle B--Passenger Enplanement Report-

(1) IN GENERAL- The Administrator of the Federal Aviation Administration shall prepare a report on every airport in the United States that reported between 10,000 and 15,000 passenger enplanements during each of the 2 most recent years for which such data is available.

(2) REPORT OBJECTIVES- In carrying out the report under paragraph (1), the Administrator shall document the methods used by each subject airport to reach the 10,000 passenger enplanement threshold, including whether airports subsidize commercial flights to reach such threshold.

(3) REVIEW- The Inspector General of the Department of Transportation shall review the process of the Adminstrator in developing the report under paragraph (1).

(4) REPORT- The Administrator shall submit the report prepared under paragraph (1) to Congress and the Secretary of Transportation.

TITLE II--AIRPORT IMPROVEMENTS

SEC. 201. REFORM OFFacility ChargesCommentsClose CommentsPermalink

SEC. 111. PASSENGER FACILITY CHARGE AUTHORITYS.CommentsClose CommentsPermalink

(a) PFC Defined- Section 40117(a)(5) is amended to read as follows:CommentsClose CommentsPermalink





‘(5) PASSENGER FACILITY CHARGE STREAMLINING- Section 40117(c) is amended to read as follows:

‘(c) Procedural Requirements for Imposition of Passenger Facility Charge-

‘(1) IN GENERAL- An eligible agency must submit to those air carriers and foreign air carriers operating at the airport with a significant business interest, as defined in paragraph (3), and to the Secretary and make available to the public annually a report, in the form required by the Secretary, on the status of the eligible agency’s passenger facility charge program, including--

‘(A) the total amount of program revenue held by the agency at the beginning of the 12 months covered by the report;

‘(B) the total amount of program revenue collected by the agency during the period covered by the report;

‘(C) the amount of expenditures with program revenue made by the agency on each eligible airport-related project during the period covered by the report;

‘(D) each airport-related project for which the agency plans to collect and use program revenue during the next 12-month period covered by the report, including the amount of revenue projected to be used for such project;

‘(E) the level of program revenue the agency plans to collect during the next 12-month period covered by the report;

‘(F) a description of the notice and consultation process with air carriers and foreign air carriers under paragraph (3), and with the public under paragraph (4), including a copy of any adverse comments received and how the agency responded; and

‘(G) any other information on the program that the Secretary may require.

‘(2) IMPLEMENTATION- Subject to the requirements of paragraphs (3), (4), (5), and (6), the eligible agency may implement the planned collection and use of passenger facility charges in accordance with its report upon filing the report as required in paragraph (1).

‘(3) Consultation with carriers for new projects-

‘(A) An eligible agency proposing to collect or use passenger facility charge revenue for a project not previously approved by the Secretary or not included in a report required by paragraph (1) that was submitted in a prior year shall provide to air carriers and foreign air carriers operating at the airport reasonable notice, and an opportunity to comment on the planned collection and use of program revenue before providing the report required under paragraph (1). The Secretary shall prescribe by regulation what constitutes reasonable notice under this paragraph, which shall at a minimum include--

‘(i) that the eligible agency provide to air carriers and foreign air carriers operating at the airport written notice of the planned collection and use of passenger facility charge revenue;

‘(ii) that the notice include a full description and justification for a proposed project;

‘(iii) that the notice include a detailed financial plan for the proposed project; and

‘(iv) that the notice include the proposed level for the passenger facility charge.

‘(B) An eligible agency providing notice and an opportunity for comment shall be deemed to have satisfied the requirements of this paragraph if the eligible agency provides such notice to air carriers and foreign air carriers that have a significant business interest at the airport. For purposes of this subparagraph, the term ‘significant business interest’ means an air carrier or foreign air carrier that--

‘(i) had not less than 1.0 percent of passenger boardings at the airport in the prior calendar year;

‘(ii) had at least 25,000 passenger boardings at the airport in the prior calendar year; or

‘(iii) provides scheduled service at the airport.

‘(C) Not later than 45 days after written notice is provided under subparagraph (A), each air carrier and foreign air carrier may provide written comments to the eligible agency indicating its agreement or disagreement with the project or, if applicable, the proposed level for a passenger facility charge.

‘(D) The eligible agency may include, as part of the notice and comment process, a consultation meeting to discuss the proposed project or, if applicable, the proposed level for a passenger facility charge. If the agency provides a consultation meeting, the written comments specified in subparagraph (C) shall be due not later than 30 days after the meeting.

‘(4) Public notice and comment-

‘(A) An eligible agency proposing to collect or use passenger facility charge revenue for a project not previously approved by the Secretary or not included in a report required by paragraph (1) that was filed in a prior year shall provide reasonable notice and an opportunity for public comment on the planned collection and use of program revenue before providing the report required in paragraph (1).

‘(B) The Secretary shall prescribe by regulation what constitutes reasonable notice under this paragraph, which shall at a minimum require--

‘(i) that the eligible agency provide public notice of intent to collect a passenger facility charge so as to inform those interested persons and agencies that may be affected;

‘(ii) appropriate methods of publication, which may include notice in local newspapers of general circulation or other local media, or posting of the notice on the agency’s Internet website; and

‘(iii) submission of public comments no later than 45 days after the date of the publication of the notice.

‘(5) Objections-

‘(A) Any interested person may file with the Secretary a written objection to a proposed project included in a notice under this paragraph provided that the filing is made within 30 days after submission of the report specified in paragraph (1).

‘(B) The Secretary shall provide not less than 30 days for the eligible agency to respond to any filed objection.

‘(C) Not later than 90 days after receiving the eligible agency’s response to a filed objection, the Secretary shall make a determination whether or not to terminate authority to collect the passenger facility charge for the project, based on the filed objection. The Secretary shall state the reasons for any determination. The Secretary may only terminate authority if--

‘(i) the project is not an eligible airport related project;

‘(ii) the eligible agency has not complied with the requirements of this section or the Secretary’s implementing regulations in proposing the project;

‘(iii) the eligible agency has been found to be in violation of section 47107(b) of this title and has failed to take corrective action, prior to the filing of the objection; or

‘(iv) in the case of a proposed increase in the passenger facility charge level, the level is not authorized by this section.

‘(D) Upon issuance of a decision terminating authority, the public agency shall prepare an accounting of passenger facility revenue collected under the terminated authority and restore the funds for use on other authorized projects.

‘(E) Except as provided in subparagraph (C), the eligible agency may implement the planned collection and use of a passenger facility charge in accordance with its report upon filing the report as specified in paragraph (1)(A).

‘(6) Approval requirement for increased passenger facility- The term ‘passenger facility charge’ means a charge or intermodal ground access project-

‘(A) An eligible agency may not collect or use a passenger facility charge to finance an intermodal ground access project, or increase a passenger facility charge, unless the project is first approved by the Secretary in accordance with this paragraph.

‘(B) The eligible agency may submit to the Secretary an application for authority to impose a passenger facility charge for an intermodal ground access project or to increase a passenger facility charge. The application shall contain information and be in the form that the Secretary may require by regulation but, at a minimum, must include copies of any comments received by the agency during the comment period described by subparagraph (C).

‘(C) Before submitting an application under this paragraph, an eligible agency must provide air carriers and foreign air carriers operating at the airport, and the public, reasonable notice of and an opportunity to comment on a proposed intermodal ground access project or the increased passenger facility charge. Such notice and opportunity to comment shall conform to the requirements of paragraphs (3) and (4).

‘(D) After receiving an application, the Secretary may provide air carriers, foreign air carriers and other interested persons notice and an opportunity to comment on the application. The Secretary shall make a final decision on the application not later than 120 days after receiving itfee imposed under this section.’.CommentsClose CommentsPermalink




(b) Conforming Amendments-(1)Pilot Program for PFC Authorizations at Nonhub Airports- Section 40117(l) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (7); andCommentsClose CommentsPermalink





(2) by redesignating paragraph (8) as paragraph (7).CommentsClose CommentsPermalink





(c) Correction of References-CommentsClose CommentsPermalink





(A) Section 40117(a) is amended--(i) by striking ‘FEE’1) SECTION 40117- Section 40117 is amended--CommentsClose CommentsPermalink





(A) in the section heading by striking ‘fees’ and inserting ‘charges’;CommentsClose CommentsPermalink





(B) in the heading for subsection (e) by striking ‘Fees’ and inserting ‘Charges’;CommentsClose CommentsPermalink





(C) in the heading for subsection (l) by striking ‘Fee’ and inserting ‘Charge’;CommentsClose CommentsPermalink





(D) in the heading for paragraph (5) and inserting ‘CHARGE’; and

(ii) by striking ‘fee’ each place it appears in paragraphs (5) and (6) and inserting ‘charge’.

(B) Subsections (b), and subsections (d) through (m), of section 40117 are amended--

(i) by striking ‘fee’ or ‘fees’ each place eitherof subsection (l) by striking ‘FEE’ and inserting ‘CHARGE’;CommentsClose CommentsPermalink




(E) in the heading for subsection (m) by striking ‘Fees’ and inserting ‘Charges’;CommentsClose CommentsPermalink





(F) in the heading for paragraph (1) of subsection (m) by striking ‘FEES’ and inserting ‘CHARGES’;CommentsClose CommentsPermalink





(G) by striking ‘fee’ each place it appears (other than the second sentence of subsection (g)(4)) and inserting ‘charge’; andCommentsClose CommentsPermalink





(H) by striking ‘fees’ each place it appears and inserting ‘charge’ or ‘charges’, respectively; and

(ii) by striking ‘FEE’ in the subsection caption for subsection (l), and ‘FEES’ in the subsection captions for subsections (e) and (m), and inserting ‘CHARGE’ and ‘CHARGES’, respectively.

(C) The caption for section 40117 is amended to read as follows:

‘Sec. 40117. Passenger facility charges’.

(D) The table of contents’.CommentsClose CommentsPermalink




(2) OTHER REFERENCES-CommentsClose CommentsPermalink





(A) Subtitle VII is amended by striking ‘fee’ and inserting ‘charge’ each place it appears in each of the following sections:CommentsClose CommentsPermalink





(i) Section 47106(f)(1).CommentsClose CommentsPermalink





(ii) Section 47110(e)(5).CommentsClose CommentsPermalink





(iii) Section 47114(f).CommentsClose CommentsPermalink





(iv) Section 47134(g)(1).CommentsClose CommentsPermalink





(v) Section 47139(b).CommentsClose CommentsPermalink





(vi) Section 47521.CommentsClose CommentsPermalink





(vii) Section 47524(e).CommentsClose CommentsPermalink





(viii) Section 47526(2).CommentsClose CommentsPermalink





(B) Section 47521(5) is amended by striking ‘fees’ and inserting ‘charges’.CommentsClose CommentsPermalink





(3) CLERICAL AMENDMENT- The analysis for chapter 401 is amended by striking the item relating to section 40117 and inserting the following:CommentsClose CommentsPermalink





‘40117. Passenger facility charges’.

(2) LIMITATIONS ON APPROVING APPLICATIONS- Section 40117(d) is amended--

(A) by striking ‘subsection (c) of this section to finance a specific’ and inserting ‘subsection (c)(6) of this section to finance an intermodal ground access’;

(B) by striking ‘specific’ in paragraph (1);

(C) by striking paragraph (2) and inserting the following:

‘(2) the project is an eligible airport-related project; and’;

(D) by striking ‘each of the specific projects; and’ in paragraph (3) and inserting ‘the project.’; and

(E) by striking paragraph (4).

(3) LIMITATIONS ON IMPOSING CHARGES- Section 40117(e)(1) is amended to read as follows: ‘(1) An eligible agency may impose a passenger facility charge only subject to terms the Secretary may prescribe to carry out the objectives of this section.’.

(4) LIMITATIONS ON CONTRACTS, LEASES, AND USE AGREEMENTS- Section 40117(f)(2) is amended by striking ‘long-term’.

(5) COMPLIANCE- Section 40117(h) is amended--

(A) by redesignating paragraph (3) as paragraph (4); and

(B) by inserting after paragraph (2) the following:

‘(3) The Secretary may, on complaint of an interested person or on the Secretary’s own initiative, conduct an investigation into an eligible agency’s collection and use of passenger facility charge revenue to determine whether a passenger facility charge is excessive or that passenger facility revenue is not being used as provided in this section. The Secretary shall prescribe regulations establishing procedures for complaints and investigations. The regulations may provide for the issuance of a final agency decision without resort to an oral evidentiary hearing. The Secretary shall not accept complaints filed under this paragraph until after the issuance of regulations establishing complaint procedures.’.

(6) PILOT PROGRAM FOR PFC AT NONHUB AIRPORTS- Section 40117(l) is amended--

(A) by striking ‘(c)(2)’ in paragraph (2) and inserting ‘(c)(3)’; and

(B) by striking ‘October 1, 2009.’ in paragraph (7) and inserting ‘the date of issuance of regulations to carry out subsection (c) of this section, as amended by the FAA Air Transportation Modernization and Safety Improvement Act.’.

(7) PROHIBITION ON APPROVING PFC APPLICATIONS FOR AIRPORT REVENUE DIVERSION- Section 47111(e) is amended by striking ‘sponsor’ the second place it appears in the first sentence and all that follows and inserting ‘sponsor. A sponsor shall not propose collection or use of passenger facility charges for any new projects under paragraphs (3) through (6) of section 40117(c) unless the Secretary determines that the sponsor has taken corrective action to address the violation and the violation no longer exists.’.CommentsClose CommentsPermalink

SEC. 202. PASSENGER FACILITY CHARGE PILOT PROGRAM.

(a) IN GENERAL- Section 40117 is amended by adding at the end thereof the following:

‘(n) Alternative Passenger Facility Charge Collection Pilot Program-

‘(1) IN GENERAL- The Secretary shall establish and conduct a pilot program at not more than 6 airports under which an eligible agency may impose a passenger facility charge under this section without regard to the dollar amount limitations set forth in paragraph (1) or (4) of subsection (b) if the participating eligible agency meets the requirements of paragraph (2).

‘(2) Collection requirements-

‘(A) DIRECT COLLECTION- An eligible agency participating in the pilot program--

‘(i) may collect the charge from the passenger at the facility, via the Internet, or in any other reasonable manner; but

‘(ii) may not require or permit the charge to be collected by an air carrier or foreign air carrier for the flight segment.

‘(B) PFC COLLECTION REQUIREMENT NOT TO APPLY- Subpart C of part 158 of title 14, Code of Federal Regulations, does not apply to the collection of the passenger facility charge imposed by an eligible agency participating in the pilot program.’.

(b)112. GAO Study of Alternative Means of Collecting PFCs-(1) IN GENERAL- The Comptroller General shall conduct a study of TUDY OF ALTERNATIVE MEANS OF COLLECTING PFCS.CommentsClose CommentsPermalink

(a) In General- The Comptroller General of the United States shall conduct a study of alternative means of collection passenger facility charges imposed undersectionng 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--CommentsClose CommentsPermalink





(A1) collection options for arriving, connecting, and departing passengers at airports;CommentsClose CommentsPermalink





(B2) cost sharing or fee allocation methods based on passenger travel to address connecting traffic; andCommentsClose CommentsPermalink





(C) examples of airport fees3) examples of airport charges collected by domestic and international airports that are not included in ticket prices.CommentsClose CommentsPermalink





(2) REPORT- Nob) Report- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report on the study to the Senatto the Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure containof 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.CommentsClose CommentsPermalink

SEC. 203. AMENDMENTS TO GRANT ASSURANCE113. QUALIFICATIONS-BASED SELECTION.CommentsClose CommentsPermalink

SEC. 131. AIRPORT MASTER PLANS.CommentsClose CommentsPermalink

Section 471071(g)(2) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B) by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) by redesignating subparagraph (C) as subparagraph (D); andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (B) the following:CommentsClose CommentsPermalink





‘(C) consider passenger convenience, airport ground access, and access to airport facilities; and’.CommentsClose CommentsPermalink

Section 47106(f)(2) is amended--CommentsClose CommentsPermalink





(1) by striking ‘made;’ in subsection (a)(16)(D)(ii) and inserting ‘made, except that, if there is a change in airport design standards that the Secretary determines is beyond the owner or operator’s control that requires thepatterns of air service,’;CommentsClose CommentsPermalink





(2) by inserting ‘and’ before ‘whether’; andCommentsClose CommentsPermalink





(3) by striking ‘, and airfare levels’ and all that follows before the period.CommentsClose CommentsPermalink

(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, the Secretary, upon the request of the owner or operator, may grant funds available under section 47114 to pay the cost of relocating or replacing such facility;’;

(2) in subsection (c)--

(A) in paragraph (2 that meets the conditions of section 47110(d)’.CommentsClose CommentsPermalink




(b) Written Assurances on Acquiring Land-CommentsClose CommentsPermalink





(1) USE OF PROCEEDS- Section 47107(c)(2) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in subparagraph (A)(i), by striking ‘purpose;’ and inserting the following: ‘purpose, which includes serving as noise buffer land that may be--

‘(I) undeveloped; or

‘(II)the matter preceding clause (i) by striking ‘purpose--’ and inserting ‘purpose (including land serving as a noise buffer either by being undeveloped or developed in a way that is compatible with using the land for noise buffering purposes;’; and(ii) in subparagraph (B)(iii), by striking ‘paid to the Secretary for deposit in the Fund if another eligible project does not exist.’)--’;CommentsClose CommentsPermalink




(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 transferred to another airport as the Secretary prescribes.’;

(B) by redesignating paragraph (3) as paragraph (5); and

(C) by inserting after paragraph under paragraph (4)’; andCommentsClose CommentsPermalink




(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 Secretary prescribes under paragraph (4)’.CommentsClose CommentsPermalink





(2) the following:‘(3)(A) A lease by an airport owner or operator of landELIGIBLE PROJECTS- Section 47107(c) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) In approving the reinvestment or transfer of proceeds under paragraph (2)(A)(iii) or (2)(B)(iii), the Secretary shall give preference, in descending order, to the following actions:CommentsClose CommentsPermalink





‘(A) Reinvestment in an approved noise compatibility project.CommentsClose CommentsPermalink





‘(B) Reinvestment in an approved project that is eligible for funding under section 47117(e).CommentsClose CommentsPermalink





‘(C) Reinvestment in an approved airport development project that is eligible for funding under section 47114, 47115, or 47117.CommentsClose CommentsPermalink





‘(D) Transfer to a sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(B) The airport owner or operator may use revenues from a lease described in subparagraph (A) for capital purposes.‘(C) The Administrator of the Federal Aviation Administrationan approved airport development project that is eligible for funding under section 47114, 47115, or 47117.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(D) The provisions of this paragraph apply to all land acquired before, on, or after the date of the enactment of this paragraph.

‘(4) In approving the reinvestment or transfer of proceeds under paragraph (2)(C)(iii), the Secretary shall give preference, in descending order, to--

‘(i) reinvestment in an approved noise compatibility project;

‘(ii) reinvestment in an approved project that is eligible for funding under section 47117(e);

‘(iii) reinvestment in an airport development project that is eligible for funding under section 47114, 47115, or 47117 and meets the requirements of this chapter;

‘(iv) transfer to the sponsor of another public airport toenactment of this paragraph.’.CommentsClose CommentsPermalink

(a) In General- Section 47107 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(t) Agreements Granting Through-The-Fence Access to General Aviation Airports-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), a sponsor of a general aviation airport shall not be reinvested in an approved noise compatibility project at such airport; and‘(v) payment to the Secretary for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).’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 condition 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:CommentsClose CommentsPermalink





‘(A) Aircraft of the person.CommentsClose CommentsPermalink





‘(B) Aircraft authorized by the person.CommentsClose CommentsPermalink





‘(2) THROUGH-THE-FENCE AGREEMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- An agreement described in paragraph (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, responsibilities, charges, duration, and other terms the airport sponsor determines are necessary to establish and manage the airport sponsor’s relationship with the property owner.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(iii) to maintain the property for residential, noncommercial use for the duration of the agreement;CommentsClose CommentsPermalink





‘(iv) to prohibit access to the airport from other properties through the property of the property owner; andCommentsClose CommentsPermalink





‘(v) to prohibit any aircraft refueling from occurring on the property.’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 204137. GOVERNMENT SHARE OF PROJECT COSTS.CommentsClose CommentsPermalink

(a) FEDERAL SHARE- Section 47109 is amended--CommentsClose CommentsPermalink





(1) by striking ‘subsection (b) or subsection (c)’ in subsection (a) and inserting ‘subsection (b), (c), or (e)in subsection (a) by striking ‘provided in subsection (b) or subsection (c) of this section’ and inserting ‘otherwise provided in this section’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL HUB TO MEDIUM HUB STATUS- If the status of a small hub primarypecial Rule for Transition From Small Hub to Medium Hub Status- If the status of a small hub airport changes to a medium hub primary airport, the United Statesairport, the Government’s share of allowable project costs for the airport may not exceed 95 percent for 2 fiscal years following0 percent for the first 2 fiscal years after such change in hub status.CommentsClose CommentsPermalink





’.(b) TRANSITIONING AIRPORTS- Section 47114(f)(3)(B) is amended by striking ‘year 2004.’ and inserting ‘years 2010 and 2011 ‘(f) Special Rule for Economically Distressed Communities- The Government’s share of allowable project costs shall be 95 percent for a project at an airport that-- CommentsClose CommentsPermalink





‘(1) is receiving essential air service for which compensation was provided to an air carrier under subchapter II of chapter 417; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 205. AMENDMENTS TO138. ALLOWABLE PROJECT COSTS.CommentsClose CommentsPermalink

Section 47110 is amended--

(1) by striking subsection (d) and inserting the following:

‘(d) RELOCATION OF AIRPORT-OWNED FACILITIES (a) Allowable Project Costs- Section 47110(b)(2)(D) is amended to read as follows: CommentsClose CommentsPermalink




‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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 appropriate regional or district office of the Federal Aviation Administration;CommentsClose CommentsPermalink





‘(iii) the sponsor notifies the Secretary before authorizing work to commence on the project;CommentsClose CommentsPermalink





‘(iv) the sponsor has an alternative funding source available to fund the project; andCommentsClose CommentsPermalink





‘(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;’.CommentsClose CommentsPermalink





(b) Inclusion of Measures to Improve Efficiency of Airport Buildings in Airport Improvement Projects- Section 47110(b) is amended--CommentsClose CommentsPermalink





(1) in paragraph (5) by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink





(2) in paragraph (6) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) the measure is for a project for airport development;CommentsClose CommentsPermalink





‘(B) the measure is for an airport building that is otherwise eligible for construction assistance under this subchapter; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(c) Relocation of Airport-Owned Facilities- Section 47110(d) is amended to read as follows:CommentsClose CommentsPermalink





‘(d) Relocation of Airport-Owned Facilities- The Secretary may determine that the costs of relocating or replacing an airport-owned facility are allowable for an airport development project at an airport only if--CommentsClose CommentsPermalink





‘(1) the Government’s share of such costs iswill be paid with funds apportioned to the airport sponsor under sections 47114(c)(1) or 47114(d)(2);CommentsClose CommentsPermalink





‘(2) the Secretary determines that the relocation or replacement is required due to a change in the Secretary’s design standards; andCommentsClose CommentsPermalink





‘(3) the Secretary determines that the change is beyond the control of the airport sponsor.’;(2) by striking ‘facilities, including fuel.CommentsClose CommentsPermalink





(d) Nonprimary Airports- Section 47110(h) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘construction’ before ‘costs of revenue producing’; andCommentsClose CommentsPermalink





(2) by striking ‘, including fuel farms and hangars,’ in subsection (h) and inserting ‘facilities, as defined by section 47102,’; and(3) by adding at the end the.CommentsClose CommentsPermalink





(e) Bird-Detecting Radar Systems- Section 47110 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(i) BIRD-DETECTING RADAR SYSTEMS- Within 180 days after the date of enactment of the FAA Air Transportation Modernization and Safety Improvement Act, the Administrator shall analyze the conclusions of ongoing studies of various types of commercially-available birdBird-Detecting Radar Systems- The Administrator of the Federal Aviation Administration, upon the conclusion of all planned research by the Administration regarding avian radar systems, based upon that analysis, if the Administrator determines such systems have no negative impact on existing navigational aids and that the expenditure of such funds is appropriate, the Administrator shall allow the purchase of bird-detecting radar systems as an allowable airport development project costs subject to subsection (b). If a determination is made that such radar systems will not improve or negatively impact airport safety, the Administrator shall issue a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on why that determination was made.’.SEC. 206. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.

Section 47133(b) is amended--

(1) by resetting the text of the subsection as an indented paragraph 2 ems from the left margin;

(2) by inserting ‘(1)’ before ‘Subsection’; and

(3) by adding at the end thereof the following:

‘(2) In the case of a privately owned airport, subsection (a) shall not apply to the proceeds from the sale of the airport to a public sponsor if--

‘(A) the sale is approved by the Secretary;

‘(B) funding is provided under this title for the public sponsor’s acquisition; and

‘(C) an amount equal to the remaining unamortized portion of the original grant, amortized over a 20-year period, is repaid to the Secretary by the private owner for deposit in the Trust Fund for airport acquisitions.

‘(3) This subsection shall apply to grants issued on or after October 1, 1996shall--CommentsClose CommentsPermalink





‘(1) update Advisory Circular No. 150/5220-25 to specify which systems have been studied; andCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 207. GOVERNMENT SHARE OF CERTAIN AIR PROJECT COSTS.

Notwithstandingsection 47109(a) of title 49, United States Code, the Federal Government’s share of allowable project costs for a grant made in fiscal year 2008, 2009, 2010, or 2011 under chapter 471 of that title for a project described in paragraph (2) or (3) of that section shall be 95 percent.

SEC. 207(b). PROHIBITION ON USE OF PASSENGER FACILITY CHARGES TO CONSTRUCT BICYCLE STORAGE FACILITIES139. VETERANS’ PREFERENCE.CommentsClose CommentsPermalink

Section 40117(a)(3) is amended--

(1) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii);

(2) by striking ‘The term’ and inserting the following:

‘(A) IN GENERAL- The term’; and

(3) by adding at the end the following:

‘(B) BICYCLE STORAGE FACILITIES- A project to construct a bicycle storage facility may not be considered an eligible airport-related project.’.

SEC. 208. MISCELLANEOUS AMENDMENTS.

(a) TECHNICAL CHANGES TO NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS- Section 47103 is amended--

(1) by striking ‘each airport to--’ in subsection (a) and inserting ‘the airport system to--’;

(2) by striking ‘system in the particular area;’ in subsection (a)(1) and inserting ‘system, including connection to the surface transportation network; and’;

(3) by striking ‘aeronautics; and’ in subsection (a)(2) and inserting ‘aeronautics.’;

(4) by striking subsection (a)(3);

(5) by inserting ‘and’ after the semicolon in subsection (b)(1);

(6) by striking paragraph (2) of subsection (b) and redesignating paragraph (3) as paragraph (2);

(7) by striking ‘operations, Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations,’ in subsection (b)(2), as redesignated, and inserting ‘operations’; and

(8) by striking ‘status of the’ in subsection (d).

(b) UPDATE VETERANS PREFERENCE DEFINITION- Section 47112(c) is amended--CommentsClose CommentsPermalink




(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (B) by striking ‘separated from’ in paragraph (1)(B) and inserting ‘discharged or released from active duty in’;(2) by adding at the end of paragraph (1) the andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) ‘Afghanistan-Iraq war veteran’ means an individual who served on active duty, as defined by section 101(21) of title 38, at any time (as defined in section 101 of title 38) in the armed forces for a period ofin support of Operation Enduring Freedom, Operation Iraqi Freedom, or Operation New Dawn for more than 180 consecutive days, any part of which occurred during the period beginning onafter September 11, 2001, and ending on the date before the date prescribed by Presidential proclamation or by law as the last date ofpresidential proclamation or by law as the last day of Operation Enduring Freedom, Operation Iraqi Freedom.’;(3) by striking ‘veterans and’ in paragraph (2) and inserting ‘, or Operation New Dawn (whichever is later), and who was discharged or released from active duty in the armed forces under honorable conditions.CommentsClose CommentsPermalink





‘(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 conditions.’; andCommentsClose CommentsPermalink





(2) in paragraph (2) by striking ‘Vietnam-era veterans and disabled veterans’ and inserting ‘Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, and’; and

(4) by adding at the end the following:

‘(3) A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must require that a preference be given to the use ofdisabled 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.’.

(c) ANNUAL REPORT- Section 47131(a) is amended--

(1) by striking ‘April 1’ and inserting ‘June 1’; and

(2) by striking paragraphs (1) through (4) and inserting the following:

‘(1) a summary of airport development and planning completed;

‘(2) a summary of individual grants issued;

‘(3) an accounting of discretionary and apportioned funds allocated; and

‘(4) the allocation of appropriations; and’.

(d) SUNSET OF PROGRAM- Section 47137 is repealed effective September 30, 2008.

(e) CORRECTION TO EMISSION CREDITS PROVISION- Section 47139 is amended--

(1) by striking ‘47102(3)(F),’ in subsection (a);

(2) by striking ‘47102(3)(F), 47102(3)(K), 47102(3)(L), or 47140’ in subsection (b) and inserting ‘47102(3)(K) or 47102(3)(L)’; and

(3) by striking ‘40117(a)(3)(G), 47103(3)(F), 47102(3)(K), 47102(3)(L), or 47140,’ in subsection (b) and inserting ‘40117(a)(3)(G), 47102(3)(K), or 47102(3)(L),’; and

(f) CORRECTION TO SURPLUS PROPERTY AUTHORITY- Section 47151(e) is amended by striking ‘(other than real property that is subject to section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10’.CommentsClose CommentsPermalink

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) While significant progress has occurred due to the establishment of the airport disadvantaged business enterprise program ( 49 U.S.C. 2687 note),’.

(g) AIRPORT CAPACITY BENCHMARK REPORTS; DEFINITION OF JOINT USE AIRPORT- Section 47175 is amended--

(1) by striking ‘Airport Capacity Benchmark Report 2001.’ in paragraph (2) and inserting ‘2001 and 2004 Airport Capacity Benchmark Reports or of the most recent Benchmark report, Future Airport Capacity Task Report, or other comparable FAA report.’; and

(2) by adding at the end thereof the following:

‘(7) JOINT USE AIRPORT- The term ‘joint use airport’ means an airport owned by the United States Department of Defense, at which both military and civilian aircraft make shared use of the airfield47107(e) and 47113), discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in airport-related markets across the Nation. These continuing barriers merit the continuation of the airport disadvantaged business enterprise program. CommentsClose CommentsPermalink




(2) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. This testimony and documentation shows that race- and gender-neutral efforts alone are insufficient to address the problem.CommentsClose CommentsPermalink





(3) This testimony and documentation demonstrates that discrimination across the Nation poses a barrier to full and fair participation in airport-related businesses of women business owners and minority business owners in the racial groups detailed in parts 23 and 26 of title 49, Code of Federal Regulations, and has impacted firm development and many aspects of airport-related business in the public and private markets.CommentsClose CommentsPermalink





(4) This testimony and documentation provides a strong basis that there is a compelling need for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program to address race and gender discrimination in airport-related business.CommentsClose CommentsPermalink





(b) Standardizing Certification of Disadvantaged Business Enterprises- Section 47113 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Mandatory Training Program-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this subsection, the Secretary 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 concern owned and controlled by socially and economically disadvantaged individuals under this section and section 47107(e).CommentsClose CommentsPermalink





‘(2) IMPLEMENTATION- The training program may be implemented by one or more private entities approved by the Secretary.CommentsClose CommentsPermalink





‘(3) PARTICIPANTS- A person referred to in paragraph (1) is an official or agent of an airport sponsor--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(B) who is responsible for determining whether or not a small business concern qualifies as a small business concern owned and controlled by socially and economically disadvantaged individuals under this section or section 47107(e).’.CommentsClose CommentsPermalink





(h) USE OF APPORTIONED AMOUNTS- Section 47117(e)(1)(A) is amended--

(1) by striking ‘35 percent’ in the first sentence and inserting ‘$300,000,000’;

(2) by striking ‘and’ after ‘47141,’;

(3) by striking ‘et seq.).’ and inserting ‘et seq.), and for water quality mitigation projects to comply with the Act of June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an environmental record of decision for an airport development project under this title.’; and

(4) by striking ‘such 35 percent requirement is’ in the second sentence and inserting ‘the requirements of the preceding sentence are’.

(i) USE OF PREVIOUS FISCAL YEAR’S APPORTIONMENT- Section 47114(c)(1) is amended--

(1) by striking ‘and’ after the semicolon in subparagraph (E)(ii);

(2) by striking ‘airport.’ in subparagraph (E)(iii) and inserting ‘airport; and’;

(3) by adding at the end of subparagraph (E) the following:

‘(iv) the airportc) Inspector General Report on Participation in FAA Programs by Disadvantaged Small Business Concerns-CommentsClose CommentsPermalink




(1) IN GENERAL- For each of fiscal years 2013 through 2015, the Inspector General of the Department of Transportation shall submit to Congress a report on the number of new small business concerns owned and controlled by socially and economically disadvantaged individuals, including those owned by veterans, that participated in the programs and activities funded using the amounts made available under this Act.CommentsClose CommentsPermalink





(2) NEW SMALL BUSINESS CONCERNS- For purposes of subsection (a), a new small business concern is a small business concern that did not participate in the programs and activities described in subsection (a) in a previous fiscal year.CommentsClose CommentsPermalink





(3) CONTENTS- The report shall include--CommentsClose CommentsPermalink





(A) a list of the top 25 and bottom 25 large and medium hub airports in terms of providing opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals to participate in the programs and activities funded using the amounts made available under this Act;CommentsClose CommentsPermalink





(B) the results of an assessment, to be conducted by the Inspector General, on the reasons why the top airports have been successful in providing such opportunities; andCommentsClose CommentsPermalink





(C) recommendations to the Administrator of the Federal Aviation Administration and Congress on methods for other airports to achieve results similar to those of the top airports.CommentsClose CommentsPermalink

(a) Eligibility To Receive Primary Airport Minimum Apportionment Amount- Section 47114(d) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(7) ELIGIBILITY TO RECEIVE PRIMARY AIRPORT MINIMUM APPORTIONMENT AMOUNT- Notwithstanding any other provision of this subsection, the Secretary may apportion to an airport sponsor in a fiscal year an amount equal to the minimum apportionment available under subsection (c)(1)(B) if the Secretary finds that the airport--CommentsClose CommentsPermalink





‘(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) and the Secretary determines that the airportin the calendar year used to calculate the apportionment; andCommentsClose CommentsPermalink





‘(B) had more than 10,000 passenger boardings in the preceding calendar year, based on data submitted to the Secretary under part 241 of title 14, Code of Federal Regulations.’;

(4) in subparagraph (G)--

(A) by striking ‘fiscal year 2006’ in the heading and inserting ‘fiscal years 2008 through 2011’;

(B) by striking ‘fiscal year 2006’ and inserting ‘fiscal years 2008 through 2011’;

(C) by striking clause (i) and inserting the following:

‘(i) the average annual passenger boardings at the airport for calendar years 2004 through 2006 were below 10,000 per year;’; and

(D) by striking ‘2000 or 2001;’ in clause (ii) and inserting ‘2003;’; and

(5) by adding at the end thereof the following:

‘(Hcalendar year used to calculate the apportionment.’.CommentsClose CommentsPermalink




(b) Special rule for fiscal years 2010 and 2011- Notwithstanding subparagraph Rule for Fiscal Years 2012 and 2013- Section 47114(c)(1) is amended--CommentsClose CommentsPermalink





(1) by striking subparagraphs (F) and (G); andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





‘(F) SPECIAL RULE FOR FISCAL YEARS 2012 AND 2013- 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 either calendar years 2008 or 2009, or 2009 or 2010, or in both years, the number of passenger boardings decreased to a level below 10,000 boardings per year at such airport, the Secretary may apportion in fiscal years 2010 or 2011 to the sponsor of such an airport an amounteach of fiscal years 2012 and 2013 to the sponsor of such airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009.’.CommentsClose CommentsPermalink

Section 47114 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(M) construction of mobile refueler parking within a fuel farm at a nonprimary airport meeting the requirements of section 112.8 of title 40, Code of Federal Regulationsg) Supplemental Apportionment for Puerto Rico and United States Territories- The Secretary shall apportion amounts for airports in Puerto Rico and all other United States territories in accordance with this section. This subsection does not prohibit the Secretary from making project grants for airports in Puerto Rico or other United States territories from the discretionary fund under section 47115.’.CommentsClose CommentsPermalink

Section 47114(f)(1) is amended by striking ‘of--’ and all that follows and inserting ‘of $520,000,000. The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under section 47114 of this title and that remain available for obligationsubparagraphs (A) and (B) and inserting the following:CommentsClose CommentsPermalink





‘(A) in the case of a charge of $3.00 or less--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(ii) with respect to an airport in Hawaii, 50 percent of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the excess of--CommentsClose CommentsPermalink





‘(I) the amount that otherwise would be apportioned under this section; overCommentsClose CommentsPermalink





‘(II) the amount equal to the amount specified in subclause (I) multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland passengers; andCommentsClose CommentsPermalink





‘(B) in the case of a charge of more than $3.00--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(ii) with respect to an airport in Hawaii, 75 percent of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the excess of--CommentsClose CommentsPermalink





‘(I) the amount that otherwise would be apportioned under this section; overCommentsClose CommentsPermalink





‘(II) the amount equal to the amount specified in subclause (I) multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland passengers.’.CommentsClose CommentsPermalink

SEC. 209. STATE BLOCK GRANT PROGRAM144. MARSHALL ISLANDS, MICRONESIA, AND PALAU.CommentsClose CommentsPermalink

Section 47128 is amended--

(1) by striking ‘regulations’ each place it appears in subsection (a) and inserting ‘guidance’;

(2) by striking ‘grant;’ in subsection (b)(4) and inserting ‘grant, including Federal environmental requirements or an agreed upon equivalent;’;

(3) by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following:

‘(c) PROJECT ANALYSIS AND COORDINATION REQUIREMENTS- Any Federal agency that must approve, license, or permit a proposed action by a participating State shall coordinate and consult with the State. The agency shall utilize the environmental analysis prepared by the State, provided it is adequate, or supplement that analysis as necessary to meet applicable Federal requirements.’; and

(4) by adding at the end the following:

‘(e) PILOT PROGRAM- The Secretary shall establish a pilot program for up to 3 States that do not participate in the program established under subsection (a) that is consistent with the program under subsection (a).15(j) is amended by striking ‘For fiscal years’ and all that follows before ‘the sponsors’ and inserting ‘For fiscal years 2012 through 2015,’.CommentsClose CommentsPermalink

SEC. 210. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEW145. USE OF APPORTIONED AMOUNTS.CommentsClose CommentsPermalink

Section 47173(a) is amended by striking ‘project17(e)(1)(A) is amended--CommentsClose CommentsPermalink





(1) by striking ‘35 percent’ in the first sentence and inserting ‘35 percent, but not more than $300,000,000,’;CommentsClose CommentsPermalink





(2) by striking ‘and’ after ‘47141,’;CommentsClose CommentsPermalink





(3) by striking ‘et seq.).’ and inserting ‘project, or to conduct special environmental studies related to a federally funded airport project or for special studies or reviews to support approved noise compatibility measures in a Part 150 program or environmental mitigation in a Federal Aviation Administration Record of Decision or Finding of No Significant Impact.’.SEC. 211. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES.

Section 47504 is amended by adding at the end the following:

‘(e) Grants for Assessment of Flight Procedures-

‘(1) The Secretary is authorized in accordance with subsection (c)(1) to make a grant to an airport operator to assist in completing environmental review and assessment activities for proposals to implement flight procedures that have been approved for airport noise compatibility planning purposes under subsection (b).

‘(2) The Administrator of the Federal Aviation Administration may accept funds from an airport sponsor, including funds provided to the sponsor under paragraph (1), to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review and completion of environmental activities associated with proposals to implement flight procedures submitted and approved for airport noise compatibility planning purposes in accordance with this section. Funds received under this authority shall not be subject to the procedures applicable to the receipt of gifts by the Administrator.et seq.), and for water quality mitigation projects to comply with the Act of June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an environmental record of decision for an airport development project under this title.’; andCommentsClose CommentsPermalink




(4) by striking ‘such 35 percent requirement is’ in the second sentence and inserting ‘the requirements of the preceding sentence are’.CommentsClose CommentsPermalink

SEC. 212. SAFETY-CRITICAL146. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.CommentsClose CommentsPermalink

(a) Considerations- Section 47118(c) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1) by striking ‘or’ after the semicolon in paragraph (1);;CommentsClose CommentsPermalink





(2) in paragraph (2) by striking ‘delays.’ in paragraph (2) and inserting ‘delays; or’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) be critical to the safety of commercial, military, or general aviation in trans-preserve or enhance minimum airfield infrastructure facilities at former military airports to support emergency diversionary operations for transoceanic flights in locations--CommentsClose CommentsPermalink





‘(A) within United States jurisdiction or control; andCommentsClose CommentsPermalink





‘(B) where there is a demonstrable lack of diversionary airports within the distance or flight-time required by regulations governing transoceanic flights.’.CommentsClose CommentsPermalink





(b) Designation of General Aviation Airports- Section 47118(g) is amended--CommentsClose CommentsPermalink





(1) in the subsection heading by striking ‘Airport’ and inserting ‘Airports’; andCommentsClose CommentsPermalink





(2) by striking ‘one of the airports bearing a designation under subsection (a) may be a general aviation airport that was a former military installation’ and inserting ‘3 of the airports bearing designations under subsection (a) may be general aviation airports that were former military installations’.CommentsClose CommentsPermalink





(c) Safety-Critical Airports- Section 47118 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(1) to preserve or enhance minimum airfield infrastructure facilities described in subsection (c)(3); andCommentsClose CommentsPermalink





‘(2) necessary to meet the minimum safety and emergency operational requirements established under part 139 of title 14, Code of Federal Regulations.’.CommentsClose CommentsPermalink

SEC. 213. ENVIRONMENTAL MITIGATION DEMONSTRATION PILOT147. CONTRACT TOWER PROGRAM.CommentsClose CommentsPermalink

(a) PILOT PROGRAM- Subchapter I of chapter 471 is amended by adding at the end thereof the following:‘Sec. 47143. Environmental mitigation demonstration pilot program‘(a) IN GENERAL- The Secretary of Transportation shall carry out a pilot Cost-Benefit Requirement- Section 47124(b) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) by striking ‘(1) The Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(1) CONTRACT TOWER PROGRAM-CommentsClose CommentsPermalink





‘(A) CONTINUATION- The Secretary’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) SPECIAL RULE- If the Secretary determines that a tower already operating under the program involving not more than 6 projects at public-use airports under which the Secretary may make grants to sponsors of such airports from funds apportioned under paragraph 47117(e)(1)(A) for use at such airports for environmental mitigation demonstration projects that will measurably reduce or mitigate aviation impacts on noise, air quality or water quality in the vicinity of the airport. Notwithstanding any other provision of this subchapter, an environmental mitigation demonstration project approved under this section shall be treated as eligible for assistance under this subchapter.‘(b) PARTICIPATION IN PILOT PROGRAM- A public-use airport shall be eligiblecontinued 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 exceeds the benefit for a period of 18 months after such determination is made.CommentsClose CommentsPermalink





‘(C) USE OF EXCESS FUNDS- If the Secretary 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).’; andCommentsClose CommentsPermalink





(2) in paragraph (2) by striking ‘(2) The Secretary’ and inserting the following:CommentsClose CommentsPermalink





‘(2) GENERAL AUTHORITY- The Secretary’.CommentsClose CommentsPermalink





(b) Funding; Use of Excess Funds- Section 47124(b)(3) is amended by striking subparagraph (E) and inserting the following:CommentsClose CommentsPermalink





‘(E) FUNDING- Of the amounts appropriated pursuant to section 106(k)(1), not more than $10,350,000 for each of fiscal years 2012 through 2015 may be used to carry out this paragraph.CommentsClose CommentsPermalink





‘(F) USE OF EXCESS FUNDS- If the Secretary 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 required to carry out the program continued under paragraph (1).’.CommentsClose CommentsPermalink





(c) Federal Share- Section 47124(b)(4)(C) is amended by striking ‘$1,500,000’ and inserting ‘$2,000,000’.CommentsClose CommentsPermalink





(d) Safety Audits- Section 47124 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Safety Audits- The Secretary shall establish uniform standards and requirements for participation in the pilot.

‘(c) SELECTION CRITERIA- In selecting from among applicants for participation in the pilot program, the Secretary may give priority consideration to environmental mitigation demonstration projects that--

‘(1) will achieve the greatest reductions in aircraft noise, airport emissions, or airport water quality impacts either on an absolute basis, or on a per-dollar-of-funds expended basis; and

‘(2) will be implemented by an eligible consortium.

‘(d) FEDERAL SHARE- Notwithstanding any other provision of this subchapter, the United States Government’s share of the costs of a project carried out under this section shall be 50 percent.

‘(e) MAXIMUM AMOUNT- Not more than $2,500,000 may be made available by the Secretary in grants under this section for any single project.

‘(f) IDENTIFYING BEST PRACTICES- The Administrator may develop and publish information identifying best practices for reducing or mitigating aviation impacts on noise, air quality, or water quality in the vicinity of airports, based on the projects carried out under the pilot program.

‘(g) DEFINITIONS- In this section:

‘(1) ELIGIBLE CONSORTIUM- The term ‘eligible consortium’ means a consortium that comprises 2 or more of the following entities:

‘(A) Businesses operating in the United States.

‘(B) Public or private educational or research organizations located in the United States.

‘(C) Entities of State or local governments in the United States.

‘(D) Federal laboratories.

‘(2) ENVIRONMENTAL MITIGATION DEMONSTRATION PROJECT- The term ‘environmental mitigation demonstration project’ means a project that--

‘(A) introduces new conceptual environmental mitigation techniques or technology with associated benefits, which have already been proven in laboratory demonstrations;

‘(B) proposes methods for efficient adaptation or integration of new concepts to airport operations; and

‘(C) will demonstrate whether new techniques or technology for environmental mitigation identified in research are--

‘(i) practical to implement at or near multiple public use airports; and

‘(ii) capable of reducing noise, airport emissions, or water quality impacts in measurably significant amounts.regular safety assessments of air traffic control towers that receive funding under this section.’.CommentsClose CommentsPermalink

(2) by inserting ‘and Foreign Air Carrier’ after ‘CARRIER’ in the heading for subsection (d);CommentsClose CommentsPermalink





(3) by inserting ‘AND FOREIGN AIR CARRIER’ after ‘CARRIER’ in the heading for subsection (d)(2);CommentsClose CommentsPermalink





(4) by striking ‘air carrier’ each place it appears and inserting ‘air carrier or foreign air carrier’;CommentsClose CommentsPermalink





(5) by striking ‘air carrier’s’ each place it appears and inserting ‘air carrier’s or foreign air carrier’s’;CommentsClose CommentsPermalink





(6) by striking ‘air carriers’ and inserting ‘air carriers or foreign air carriers’; andCommentsClose CommentsPermalink





(7) by striking ‘(as defined in section 40102 of this title)’ in subsection (a) and inserting ‘(as those terms are defined in section 40102)’.CommentsClose CommentsPermalink





(b) CONFORMING AMENDMENT- The table of contents for chapter 471 is amended by inserting afteronforming Amendment- The analysis for chapter 471 is amended by striking the item relating to section 47142 the following:

‘47143. Environmental mitigation demonstration pilot program’.

SECTION 214. 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 the short construction season 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 appropriate regional or district office of the Federal Aviation Administration;

‘(iii) the sponsor notifies the Secretary before authorizing 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;’.

SEC. 215. GLYCOL RECOVERY VEHICLES.

Section 47102(3)(G) is amended by inserting ‘including acquiring glycol recovery vehicles,’ after ‘aircraft,’.

SEC. 216. RESEARCH IMPROVEMENT FOR AIRCRAFT.

Section 44504(b) is amended--

(1) by striking ‘and’ after the semicolon in paragraph (6);

(2) by striking ‘aircraft.’ in paragraph (7) and inserting ‘aircraft; and’; and

(3) by adding at the end thereof the following:

‘(8) to conduct research to support programs designed to reduce gases and particulates emitted29 and inserting the following:CommentsClose CommentsPermalink




‘47129. Resolution of disputes concerning airport fees.’.CommentsClose CommentsPermalink

SEC. 217. UNITED STATES TERRITORY MINIMUM GUARANTEE.

Section 47114(e) is amended--

(1) by inserting ‘AND ANY UNITED STATES TERRITORY’ after ‘ALASKA’ in the subsection heading; and

(2) by adding at the end thereof the following:

‘(5) UNITED STATES TERRITORY MINIMUM GUARANTEE- In any fiscal year in which the total amount apportioned to airports in a United States Territory under subsections (c) and (d) is less than 1.5 percent of the total amount apportioned to all airports under those subsections, the Secretary may apportion to the local authority in any United States Territory responsible for airport development projects in that fiscal year149. SALE OF PRIVATE AIRPORTS TO PUBLIC SPONSORS.CommentsClose CommentsPermalink

(a) In General- Section 47133(b) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Subsection (a) shall not apply if’ and inserting the following:CommentsClose CommentsPermalink





‘(1) PRIOR LAWS AND AGREEMENTS- Subsection (a) shall not apply if’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR- In the case of a privately owned airport, subsection (a) shall not apply to the proceeds from the sale of the airport to a public sponsor if--CommentsClose CommentsPermalink





‘(A) the sale is approved by the Secretary;CommentsClose CommentsPermalink





‘(B) funding is provided under this subchapter for any portion of the public sponsor’s acquisition of airport land; andCommentsClose CommentsPermalink





‘(C) an amount equal to the difference between 1.5 percent of the total amounts apportioned under subsections (c) and (d) in that fiscal year and the amount otherwise apportioned under those subsections to airports in a United States Territory in that fiscal yearremaining unamortized portion of any airport improvement grant made to that airport for purposes other than land acquisition, amortized over a 20-year period, plus an amount equal to the Federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996, is repaid to the Secretary by the private owner.CommentsClose CommentsPermalink





‘(3) TREATMENT OF REPAYMENTS- Repayments referred to in paragraph (2)(C) shall be treated as a recovery of prior year obligations.’.CommentsClose CommentsPermalink





SEC. 218. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA.

(a) In General- Notwithstanding any other provision of law, including the Federal Airport Act (as in effect on August 8, 1958), the United States releases, without monetary consideration, all restrictions, conditions, and limitations on the use, encumbrance, or conveyance of certain land located in the municipality of Anchorage, Alaska, more particularly described as Tracts 22 and 24 of the Fourth Addition to the Town Site of Anchorage, Alaska, as shown on the plat of U.S. Survey No. 1456, accepted June 13, 1923, on file in the Bureau of Land Management, Department of Interior.

(b) Grants- Notwithstanding any other provision of law, the municipality of Anchorage shall be released from the repayment of any outstanding grant obligations owed by the municipality to the Federal Aviation Administration with respect to any land described in subsection (a) that is subsequently conveyed to or used by the Department of Transportation and Public Facilities of the State of Alaska for the construction or reconstruction of a federally subsidized highway projectApplicability to Grants- The amendments made by subsection (a) shall apply to grants issued on or after October 1, 1996.CommentsClose CommentsPermalink

SEC. 219. RELEASE FROM RESTRICTIONS.

(a) In General- Subject to subsection (b), and notwithstanding section 16 of the Federal Airport Act (as in effect on August 28, 1973) and sections 47125 and 47153 of title 49, United States Code, the Secretary of Transportation is authorized to grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated August 28, 1973, under which the United States conveyed certain property to the city of St. George, Utah, for airport purposes.

(b) Condition- Any release granted by the Secretary of Transportation pursuant to subsection (a) shall be subject to the following conditions:

(1) The city of St. George, Utah, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed on August 28, 1973, the city will receive an amount for such interest which is equal to its fair market value.

(2) Any amount received by the city under paragraph (1) shall be used by the city of St. George, Utah, for the development or improvement of a replacement public airport.

(c) Additional Release from Restrictions-

(1) In General- In addition to any release granted under subsection (a), the Secretary of Transportation may, subject to paragraph (2), grant releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance numbered 30-82-0048 and dated August 4, 1982, under which the United States conveyed certain land to Don.AE6a Ana County, New Mexico, for airport purposes.

(2) Conditions- Any release granted by the Secretary under paragraph (1) shall be subject to the following conditions:

(A) The County shall agree that in conveying any interest in the land that the United States conveyed to the County by the deed described in paragraph (1), the County shall receive an amount for the interest that is equal to the fair market value.

(B) Any amount received by the County for the conveyance shall be used by the County for the development, improvement, operation, or maintenance of the airport150. REPEAL OF CERTAIN LIMITATIONS ON METROPOLITAN WASHINGTON AIRPORTS AUTHORITY.CommentsClose CommentsPermalink

Section 49108, and the item relating to section 49108 in the analysis for chapter 491, are repealed.CommentsClose CommentsPermalink

SEC. 220. DESIGNATION OF FORMER MILITARY AIRPORTS151. MIDWAY ISLAND AIRPORT.CommentsClose CommentsPermalink

Section 47118(g) is amended by striking ‘one’ and inserting ‘three’ in its place186(d) of the Vision 100--Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by striking ‘for fiscal years’ and all that follows before ‘from amounts’ and inserting ‘for fiscal years 2012 through 2015’.CommentsClose CommentsPermalink

SEC. 221. AIRPORT SUSTAINABILITY PLANNING WORKING GROUP.(a) In General- The Administrator shall establish an airport sustainability working group to assist the Administrator with issues pertaining to airport sustainability practices152. MISCELLANEOUS AMENDMENTS.CommentsClose CommentsPermalink

(a) Technical Changes to National Plan of Integrated Airport Systems- Section 47103 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking ‘each airport to--’ and inserting ‘the airport system to--’;CommentsClose CommentsPermalink





(B) in paragraph (1) by striking ‘system in the particular area;’ and inserting ‘system, including connection to the surface transportation network; and’;CommentsClose CommentsPermalink





(C) in paragraph (2) by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink





(D) by striking paragraph (3);CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1) by striking the semicolon and inserting ‘; and’;CommentsClose CommentsPermalink





(B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); andCommentsClose CommentsPermalink





(C) in paragraph (2) (as so redesignated) by striking ‘, Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations,’; andCommentsClose CommentsPermalink





(3) in subsection (d) by striking ‘status of the’.CommentsClose CommentsPermalink





(b) Membership- The Working Group shall be comprised of not more than 15 members including--

(1) the Administrator;

(2) 5 member organizations representing aviation interests including:

(A) an organization representing airport operators;

(B) an organization representing airport employees;

(C) an organization representing air carriers;

(D) an organization representing airport development and operations experts;

(E) a labor organization representing aviation employees.

(3) 9 airport chief executive officers which shall include:

(A) at least one from each of the FAA Regions;

(B) at least 1 large hub;

(C) at least 1 medium hub;

(D) at least 1 small hub;

(E) at least 1 non hub;

(F) at least 1 general aviation airport.

(c) Functions-

(1) develop consensus-based best practices and metrics for the sustainable design,Consolidation of Terminal Development Provisions- Section 47119 is amended--CommentsClose CommentsPermalink




(1) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), and (e), respectively;CommentsClose CommentsPermalink





(2) by inserting before subsection (b) (as so redesignated) the following:CommentsClose CommentsPermalink





‘(a) Terminal Development Projects-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary of Transportation may approve a project for terminal development (including multimodal terminal development) in a nonrevenue-producing public-use area of a commercial service airport--CommentsClose CommentsPermalink





‘(A) if the sponsor certifies that the airport, on the date the grant application is submitted to the Secretary, has--CommentsClose CommentsPermalink





‘(i) all the safety equipment required for certification of the airport under section 44706;CommentsClose CommentsPermalink





‘(ii) all the security equipment required by regulation; andCommentsClose CommentsPermalink





‘(iii) provided for access by passengers to the area of the airport for boarding or exiting aircraft that are not air carrier aircraft;CommentsClose CommentsPermalink





‘(B) if the cost is directly related to moving passengers and baggage in air commerce within the airport, including vehicles for moving passengers between terminal facilities and between terminal facilities and aircraft; andCommentsClose CommentsPermalink





‘(C) under terms necessary to protect the interests of the Government.CommentsClose CommentsPermalink





‘(2) PROJECT IN REVENUE-PRODUCING AREAS AND NONREVENUE-PRODUCING PARKING LOTS- In making a decision under paragraph (1), the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction, planning, maintenance, and operation of an airport that comply with the guidelines prescribed by the Administrator;

(2) develop standards for a consensus-based rating system based on the aforementioned best practices, metrics, and ratings; and

(3) develop standards for a voluntary ratings process, based on the aforementioned best practices, metrics, and ratings;

(4) examine and submit recommendations for the industry’s next steps with regard to sustainabilityreconstruction, repair, and improvement in a nonrevenue-producing parking lot if--CommentsClose CommentsPermalink




‘(A) except as provided in section 47108(e)(3), the airport does not have more than .05 percent of the total annual passenger boardings in the United States; andCommentsClose CommentsPermalink





‘(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not be deferred because of the Secretary’s approval.’;CommentsClose CommentsPermalink





(3) in subsection (b)(4)(B) (as redesignated by paragraph (1) of this subsection) by striking ‘Secretary of Transportation’ and inserting ‘Secretary’;CommentsClose CommentsPermalink





(4) in subsections (b)(3) and (b)(4)(A) (as redesignated by paragraph (1) of this subsection) by striking ‘section 47110(d)’ and inserting ‘subsection (a)’;CommentsClose CommentsPermalink





(5) in subsection (b)(5) (as redesignated by paragraph (1) of this subsection) by striking ‘subsection (b)(1) and (2)’ and inserting ‘subsections (c)(1) and (c)(2)’;CommentsClose CommentsPermalink





(6) in subsections (c)(1), (c)(2)(A), (c)(3), and (c)(4) (as redesignated by paragraph (1) of this subsection) by striking ‘section 47110(d) of this title’ and inserting ‘subsection (a)’;CommentsClose CommentsPermalink





(7) in subsections (c)(2)(B) and (c)(5) (as redesignated by paragraph (1) of this subsection) by striking ‘section 47110(d)’ and inserting ‘subsection (a)’; andCommentsClose CommentsPermalink





(8) by adding at the end the following:CommentsClose CommentsPermalink





‘(f) Limitation on Discretionary Funds- The Secretary may distribute not more than $20,000,000 from the discretionary fund established under section 47115 for terminal development projects at a nonhub airport or a small hub airport that is eligible to receive discretionary funds under section 47108(e)(3).’.CommentsClose CommentsPermalink





(c) Annual Report- Section 47131(a) is amended--CommentsClose CommentsPermalink





(1) by striking ‘April 1’ and inserting ‘June 1’; andCommentsClose CommentsPermalink





(2) by striking paragraphs (1), (2), (3), and (4) and inserting the following:CommentsClose CommentsPermalink





‘(1) a summary of airport development and planning completed;CommentsClose CommentsPermalink





‘(2) a summary of individual grants issued;CommentsClose CommentsPermalink





‘(3) an accounting of discretionary and apportioned funds allocated;CommentsClose CommentsPermalink





‘(4) the allocation of appropriations; and’.CommentsClose CommentsPermalink





(d) Determination- The Administrator shall provide assurance that the best practices developed by the working group under paragraph (a) are not in conflict with any federal aviation or federal, state or local environmental regulationCorrection to Emission Credits Provision- Section 47139 is amended--CommentsClose CommentsPermalink





(1) in subsection (a) by striking ‘47102(3)(F),’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) by striking ‘47102(3)(F),’; andCommentsClose CommentsPermalink





(B) by striking ‘47103(3)(F),’.CommentsClose CommentsPermalink





(e) Unpaid Position- Working Group members shall serve at their own expense and receive no salary, reimbursement of travel expenses, or other compensation from the Federal GovernmentConforming Amendments-CommentsClose CommentsPermalink





(1) Section 40117(a)(3)(B) is amended by striking ‘section 47110(d)’ and inserting ‘section 47119(a)’.CommentsClose CommentsPermalink





(2) Section 47108(e)(3) is amended--CommentsClose CommentsPermalink





(A) by striking ‘section 47110(d)(2)’ and inserting ‘section 47119(a)’; andCommentsClose CommentsPermalink





(B) by striking ‘section 47110(d)’ and inserting ‘section 47119(a)’.CommentsClose CommentsPermalink





(f) Nonapplicability of FACA- The Federal Advisory Committee Act (5Correction to Surplus Property Authority- Section 47151(e) is amended by striking ‘(other than real property’ and all that follows through ‘(10 U.S.C. App.) shall not apply to the Working Group under this section2687 note))’.CommentsClose CommentsPermalink





(g) Report- Not later than one year after the date of enactment the Working Group shall submit a report to the Administrator containing the best practices and standards contained in paragraph (c). After receiving the report, the Administrator may publish such best practices in order to disseminate the information to support the sustainable design, construction, planning, maintenance, and operations of airports.

(h) No funds may be authorized to carry out this provision.

SEC. 222. INCLUSION OF MEASURES TO IMPROVE THE EFFICIENCY OF AIRPORT BUILDINGS IN AIRPORT IMPROVEMENT PROJECDefinitions-CommentsClose CommentsPermalink




(1) CONGESTED AIRPORT- Section 47175(2) is amended by striking ‘2001’ and inserting ‘2004 or any successor report’.CommentsClose CommentsPermalink





(2) JOINT USE AIRPORT- Section 47175 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(7) JOINT USE AIRPORT- The term ‘joint use airport’ means an airport owned by the Department of Defense, at which both military and civilian aircraft make shared use of the airfield.’.CommentsClose CommentsPermalink

SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.CommentsClose CommentsPermalink

Section 47101(a) is amended--

(1) in paragraph (12), by striking ‘; and’ and inserting a semicolon;

(2) in paragraph (13), by striking the period and inserting ‘; and’; and

(3) by adding at the end the following:

‘(14) that the airport improvement program should be administered to allow measures to improve the efficiency of airport buildings to be included in airport improvement projects, such as measures designed to meet one or more of the criteria for being a high-performance green building set forth in section 401(13) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061(13)), if any significant increase in upfront project costs from any such measure is justified by expected savings over the lifecycle of the project41(f) is amended to read as follows:CommentsClose CommentsPermalink




‘(f) Sunset- This section shall not be in effect after September 30, 2015.’.CommentsClose CommentsPermalink

SEC. 223154. PRIORITY REVIEW OF CONSTRUCTION PROJECTS IN COLD WEATHER STATES.CommentsClose CommentsPermalink

SEC. 155. STUDY ON APPORTIONING AMOUNTS FOR AIRPORT IMPROVEMENT IN PROPORTION TO AMOUNTS OF AIR TRAFFIC.

(a) Study and Report Required- Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall--

(1) complete a studyNATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.CommentsClose CommentsPermalink

(a) In General- Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall begin a study to evaluate the formulation of the national plan of integrated airport systems (in this section referred to as the ‘plan’) under section 47103 of title 49, United States Code.CommentsClose CommentsPermalink





(b) Contents of Study- The study shall include a review of the following:CommentsClose CommentsPermalink





(1) The criteria used for including airports in the plan and the application of such criteria in the most recently published version of the plan.CommentsClose CommentsPermalink





(2) The changes in airport capital needs as shown in the 2005-2009 and 2007-2011 plans, compared with the amounts apportioned or otherwise made available to individual airports between 2005 and 2010.CommentsClose CommentsPermalink





(3) A comparison of the amounts received by airports under the airport improvement program in airport apportionments, State apportionments, and discretionary grants during such fiscal years with capital needs as reported in the plan.CommentsClose CommentsPermalink





(4) The effect of transfers of airport apportionments under title 49, United States Code.CommentsClose CommentsPermalink





(5) An analysis on the feasibility and advisability of apportioning amounts under section 47114(c)(1) of title 49, United States Code, to the sponsor of each primary airport for each fiscal year an amount that bears the same ratio to the amount subject to the apportionment for fiscal year 2009 as the number of passenger boardings at the airport during the prior calendar year bears to the aggregate of all passenger boardings at all primary airports during that calendar year; and(2) submit to Congress a report on the study completed under paragraph.CommentsClose CommentsPermalink





(6) A documentation and review of the methods used by airports to reach the 10,000 passenger enplanement threshold, including whether such airports subsidize commercial flights to reach such threshold, at every airport in the United States that reported between 10,000 and 15,000 passenger enplanements during each of the 2 most recent calendar years for which such data is available.CommentsClose CommentsPermalink





(7) Any other matters pertaining to the plan that the Secretary determines appropriate.CommentsClose CommentsPermalink





(c) Report to Congress-CommentsClose CommentsPermalink





(1) .

(b) Report Contents- The report required by subsection (a)(2) shall include the following:

(1) A description of the study carried out under subsection (a)(1)SUBMISSION- Not later than 36 months after the date that the Secretary begins the study under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.CommentsClose CommentsPermalink




(2) The findings of the Administrator with respect to such study.

(3) A list of each sponsor of a primary airport that received an amount undersection 47114(c)(1) of title 49, United States Code, in 2009.

(4) For each sponsor listed in accordance with paragraph (3), the following:

(A) The amount such sponsor received, if any, in 2005, 2006, 2007, 2008, and 2009 under such section 47114(c)(1).

(B) An explanation of how the amount awarded to such sponsor was determined.

(C) The average number of air passenger flights serviced each month at the airport of such sponsor in 2009.

(D) The number of enplanements for air passenger transportation at such airport in 2005, 2006, 2007, 2008, and 2009CONTENTS- The report shall include--CommentsClose CommentsPermalink




(A) the findings of the Secretary on each of the issues described in subsection (b);CommentsClose CommentsPermalink





(B) recommendations for any changes to policies and procedures for formulating the plan; andCommentsClose CommentsPermalink





(C) recommendations for any changes to the methods of determining the amounts to be apportioned or otherwise made available to individual airports.CommentsClose CommentsPermalink

SEC. 224. USE OF MINERAL REVENUE AT CERTAIN AIRPORTS.

(a) Definitions- In this section:

(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.

(2) GENERAL AVIATION AIRPORT- The term ‘general aviation airport’ means an airport that does not receive scheduled passenger aircraft service.

(b) In General- Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration (referred to in this section as the ‘Administrator’) may declare certain revenue derived from or generated by mineral extraction, production, lease or other means at any general aviation airport to be revenue greater than the amount needed to carry out the 5-year projected maintenance needs of the airport in order to comply with the applicable design and safety standards of the Federal Aviation Administration.

(c) Use of Revenue- An airport sponsor that is in compliance with the conditions under subsection (d) may allocate revenue identified by the Administrator under subsection (b) for Federal, State, or local transportation infrastructure projects carried out by the airport sponsor or by a governing body within the geographical limits of the airport sponsor’s jurisdiction.

(d) Conditions- An airport sponsor may not allocate revenue identified by the Administrator under subsection (b) unless the airport sponsor--

(1) enters into a written agreement with the Administrator that sets forth a 5-year capital improvement program for the airport, which--

(A) includes the projected costs for the operation, maintenance, and capacity needs of the airport in order to comply with applicable design and safety standards of the Federal Aviation Administration; and

(B) appropriately adjusts such costs to account for inflation;

(2) agrees in writing--

(A) to waive all rights to receive entitlement funds or discretionary funds to be used at the airport under section 47114 or 47115 of title 49, United States Code, during the 5-year period of the capital improvement plan described in paragraph (1);

(B) to perpetually comply with sections 47107(b) and 47133 of such title, unless granted specific exceptions by the Administrator in accordance with this section; and

(C) to operate the airport as a public-use airport, unless the Administrator specifically grants a request to allow the airport to close; and

(3) complies with all grant assurance obligations in effect as of the date of the enactment of this Act during the 20-year period beginning on the date of enactment of this Act;

(e) Completion of Determination- Not later than 90 days after receiving an airport sponsor’s application and requisite supporting documentation to declare that certain mineral revenue is not needed to carry out the 5-year capital improvement program at such airport, the Administrator shall determine whether the airport sponsor’s request should be granted. The Administrator may not unreasonably deny an application under this subsection.

(f) Rulemaking- Not later than 90 days after the date of the enactment of this Act, the Administrator shall promulgate regulations to carry out this section156. AIRPORT PRIVATIZATION PROGRAM.CommentsClose CommentsPermalink

Section 47134(b) is amended in the matter preceding paragraph (1) by striking ‘5 airports’ and inserting ‘10 airports’.CommentsClose CommentsPermalink

TITLE III--AIR TRAFFIC CONTROL MODERNIZATION AND FAA REFORMSEC. 301.--NEXTGEN AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL MODERNIZATIONCommentsClose CommentsPermalink

SEC. 203. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE AGREEMENTS.CommentsClose CommentsPermalink

Section 106(p) is amended to read as follows:

‘(p) AIR TRAFFIC CONTROL MODERNIZATION OVERSIGHT BOARD-

‘(1) ESTABLISHMENT- Within 90 days after the date of enactment of the FAA Air Transportation Modernization and Safety Improvement Act, the Secretary shall establish and appoint the members of an advisory Board which shall be known as the Air Traffic Control Modernization Oversight Board.

‘(2) MEMBERSHIP- The Board shall be comprised of the individual appointed or designated under section 302 of the FAA Air Transportation Modernization and Safety Improvement Act (who shall serve ex officio without the right to vote) and 9 other members, who shall consist of--

‘(A) the Administrator and a representative from the Department of Defense;

‘(B) 1 member who shall have a fiduciary responsibility to represent the public interest; and

‘(C) 6 members representing aviation interests, as follows:

‘(i) 1 representative that is the chief executive officer of an airport.

‘(ii) 1 representative that is the chief executive officer of a passenger or cargo air carrier.

‘(iii) 1 representative of a labor organization representing employees at the Federal Aviation Administration that are involved with the operation of the air traffic control system.

‘(iv) 1 representative with extensive operational experience in the general aviation community.

‘(v) 1 representative from an aircraft manufacturer.

‘(vi) 1 representative of a labor organization representing employees at the Federal Aviation Administration who are involved with maintenance of the air traffic control system.

‘(3) APPOINTMENT AND QUALIFICATIONSm) is amended in the last sentence by inserting ‘with or’ before ‘without reimbursement’.CommentsClose CommentsPermalink

Section 106 is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(s) Chief NextGen Officer-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) Members of the Board appointed under paragraphs (2)(B) and (2)(C) shall be appointed by the President, by and with the advice and consent of the SenatAPPOINTMENT- There shall be a Chief NextGen Officer appointed by the Administrator, with the approval of the Secretary. The Chief NextGen Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator.CommentsClose CommentsPermalink





‘(B) QUALIFICATIONS- The Chief NextGen Officer shall have a demonstrated ability in management and knowledge of or experience in aviation and systems engineering.CommentsClose CommentsPermalink





‘(C) TERM- The Chief NextGen Officer shall be appointed for a term of 5 years.CommentsClose CommentsPermalink





‘(D) REMOVAL- The Chief NextGen Officer shall serve at the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the implementation of NextGen.CommentsClose CommentsPermalink





‘(E) VACANCY- Any individual appointed to fill a vacancy in the position of Chief NextGen Officer occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term.CommentsClose CommentsPermalink





‘(2) COMPENSATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Chief NextGen Officer shall be paid at an annual rate of basic pay to be determined by the Administrator. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief NextGen Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief NextGen Officer were described in section 207(c)(2)(A)(i) of that title.CommentsClose CommentsPermalink





‘(B) Members of the Board appointed under paragraph (2)(B) shall be citizens of the United States and shall be appointed without regard to political affiliation and solely on the basis of their professional experience and expertise in one or more of the following areas and, in the aggregate, should collectively bring to bear expertise in--

‘(i) management of large service organizations;

‘(ii) customer service;

‘(iii) managementBONUS- In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief NextGen Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief NextGen Officer’s performance in relation to the performance goals set forth in the performance agreement described in paragraph (3).CommentsClose CommentsPermalink




‘(3) ANNUAL PERFORMANCE AGREEMENT- The Administrator and the Chief NextGen Officer, in consultation with the Federal Aviation Management Advisory Council, shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the Chief NextGen Officer in key operational areas. The agreement shall be subject to review and renegotiation on an annual basis.CommentsClose CommentsPermalink





‘(4) ANNUAL PERFORMANCE REPORT- The Chief NextGen Officer shall prepare and transmit to the Secretary of large procurements;‘(iv) informationTransportation, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual management report containing such information as may be prescribed by the Secretary.CommentsClose CommentsPermalink





‘(5) RESPONSIBILITIES- The responsibilities of the Chief NextGen Officer include the following:CommentsClose CommentsPermalink





‘(A) Implementing NextGen activities and communications technology;

‘(v) organizational development; and

‘(vi) labor relationsbudgets across all program offices of the Federal Aviation Administration.CommentsClose CommentsPermalink




‘(B) Coordinating the implementation of NextGen activities with the Office of Management and Budget.CommentsClose CommentsPermalink





‘(C) Of the members first appointed under paragraphs (2)(B) and (2)(C)--

‘(i) 2 shall be appointed for terms of 1 year;

‘(ii) 1 shall be appointed for a term of 2 years;

‘(iii) 1 shall be appointed for a term of 3 years; and

‘(iv) 1 shall be appointed for a term of 4 years.

‘(4) FUNCTIONS-

‘(A) IN GENERAL- The Board shall--

‘(i) review and provideReviewing and providing advice on the Administration’s modernization programs, budget, and cost accounting system;

‘(ii) review the Administration’s strategic plan and make recommendations on the non-safety program portions of the plan, and provide advice on the safety programs of the plan;

‘(iii) review the operational efficiency of the air traffic control system and make recommendations on the operational and performance metrics for that system;

‘(iv) approve procurements of air traffic control equipment in excess of $100,000,000;

‘(v) approve by July 31 of each year the Administrator’s with respect to NextGen.CommentsClose CommentsPermalink




‘(D) With respect to the budget of the Administration--CommentsClose CommentsPermalink





‘(i) developing a budget request for facilities and equipment prior to its submission to the Office of Management and budget, including which programs are proposed to be funded from the Air Traffic control system Modernization Account of the Airport and Airway Trust Fund;‘(vi) approve the Federal Aviation Administration’sof the Administration related to the implementation of NextGen;CommentsClose CommentsPermalink





‘(ii) submitting such budget request to the Administrator; andCommentsClose CommentsPermalink





‘(iii) ensuring that the budget request supports the annual and long-range strategic plans of the Administration with respect to NextGen.CommentsClose CommentsPermalink





‘(E) Consulting with the Administrator on the Capital Investment Plan of the Administration prior to its submission to the Congress;

‘(vii) annually review and make recommendations on the NextGen Implementation Plan;

‘(viii) approve the Administrator’s selection of the Chief NextGen Officer appointed or designated under section 302(a) of the FAA Air Transportation Modernization and Safety Improvement Act; and

‘(ix) approve the selection of the head of the Joint Planning and Development Office.

‘(B) MEETINGS- The Board shall meet on a regular and periodic basis or at the call of the Chairman or of the Administrator.

‘(C) ACCESS TO DOCUMENTS AND STAFF- The Administration may give the Board appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5, cost data associated with the acquisition and operation of air traffic control systems. Any member of the Board who receives commercial or other proprietary data from the Administrator shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information.

‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT TO APPLY- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board or such rulemaking committees as the Administrator shall designate.

‘(6) ADMINISTRATIVE MATTERS-

‘(A) TERMS OF MEMBERS- Except as provided in paragraph (3)(C), members of the Board appointed under paragraph (2)(B) and (2)(C) shall be appointed for a term of 4 years.

‘(B) REAPPOINTMENT- No individual may be appointed to the Board for more than 8 years total.

‘(C) VACANCY- Any vacancy on the Board shall be filled in the same manner as the original position. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for a term of 4 years.

‘(D) CONTINUATION IN OFFICE- A member of the Board whose term expires shall continue to serve until the date on which the member’s successor takes office.

‘(E) REMOVAL- Any member of the Board appointed under paragraph (2)(B) or (2)(C) may be removed by the President for causeCongress.CommentsClose CommentsPermalink




‘(F) Claims against members of the board-

‘(i) IN GENERAL- A member appointed to the Board shall have no personal liability under State or Federal law with respect to any claim arising out of or resulting from an act or omission by such member within the scope of service as a member of the Board.

‘(ii) EFFECT ON OTHER LAW- This subparagraph shall not be construed--

‘(I) to affect any other immunity or protection that may be available to a member of the Board under applicable law with respect to such transactions;

‘(II) to affect any other right or remedy against the United States under applicable law; or

‘(III) to limit or alter in any way the immunities that are available under applicable law for Federal officers and employeesDeveloping an annual NextGen implementation plan.CommentsClose CommentsPermalink




‘(G) ETHICAL CONSIDERATIONS- Each member of the Board appointed under paragraph (2)(B) must certify that the member--

‘(i) does not have a pecuniary interest in, or own stock in or bonds of, an aviation or aeronautical enterprise, except an interest in a diversified mutual fund or an interest that is exempt from the application of section 208 of title 18;

‘(ii) does not engage in another business related to aviation or aeronautics; and

‘(iii) is not a member of any organization that engages, as a substantial part of its activities, in activities to influence aviation-related legislation.

‘(H) CHAIRMAN; VICE CHAIRMAN- The Board shall elect a chair and a vice chair from among its members, each of whom shall serve for a term of 2 years. The vice chair shall perform the duties of the chairman in the absence of the chairman.

‘(I) COMPENSATION- No member shall receive any compensation or other benefits from the Federal Government for serving on the Board, except for compensation benefits for injuries under subchapter I of chapter 81 of title 5 and except as provided under subparagraph (J).

‘(J) EXPENSES- Each member of the Board shall be paid actual travel expenses and per diem in lieu of subsistence expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5.

‘(K) BOARD RESOURCES- From resources otherwise available to the Administrator, the Chairman shall appoint such staff to assist the board and provide impartial analysis, and the Administrator shall make available to the Board such information and administrative services and assistance, as may reasonably be required to enable the Board to carry out its responsibilities under this subsection.

‘(L) QUORUM AND VOTING- A simple majority of members of the Board duly appointed shall constitute a quorum. A majority vote of members present and voting shall be required for the Committee to take action.

‘(7) AIR TRAFFIC CONTROL SYSTEM DEFINED- In this subsection, the term ‘air traffic control system’ has the meaning given that term in section 40102(a).’.

SEC. 302. NEXTGEN MANAGEMENT.

(a) IN GENERAL- The Administrator shall appoint or designate an individual, as the Chief NextGen Officer, to be responsible for implementation of all Administration programs associated with the Next Generation Air Transportation System.

(b) SPECIFIC DUTIES- The individual appointed or designated under subsection (a) shall--

(1) oversee the implementation of all Administration NextGen programs;

(2) coordinate implementation of those NextGen programs with the Office of Management and Budget;

(3) develop an annual NextGen implementation plan;

(4) ensure that Next Generation Air Transportation Systemnsuring that NextGen implementation activities are planned in such a manner as to require that system architecture is designed to allow for the incorporation of novel and currently unknown technologies into the SystemNextGen in the future and that current decisions do not bias future decisions unfairly in favor of existing technology at the expense of innovation; and(5) oversee the .CommentsClose CommentsPermalink




‘(H) Coordinating with the NextGen Joint Planning and Development Office’s facilitation of with respect to facilitating cooperation among all Federal agencies whose operations and interests are affected by implementation of the NextGen programs.SEC. 303. FACILITATION OF NEXT GENERATION AIR TRAFFIC SERVICES.

Section 106(l) is amended by adding at the end the following:

‘(7) AIR TRAFFIC SERVICES- In determining what actions to take, by rule or through an agreement or transaction under paragraph (6) or under section 44502, to permit non-Government providers of communications, navigation, surveillance or other services to provide such services in the National Airspace System, or to require the usage of such services, the Administrator shall consider whether such actions would--

‘(A) promote the safety of life and property;

‘(B) improve the efficiency of the National Airspace System and reduce the regulatory burden upon National Airspace System users, based upon sound engineering principles, user operational requirements, and marketplace demands;

‘(C) encourage competition and provide services to the largest feasible number of users; and

‘(D) take into account the unique role served by general aviationthe implementation of NextGen.CommentsClose CommentsPermalink




‘(6) EXCEPTION- If the Administrator appoints as the Chief NextGen Officer, pursuant to paragraph (1)(A), an Executive Schedule employee covered by section 5315 of title 5, then paragraphs (1)(B), (1)(C), (2), and (3) of this subsection shall not apply to such employee.CommentsClose CommentsPermalink





‘(7) NEXTGEN DEFINED- For purposes of this subsection, the term ‘NextGen’ means the Next Generation Air Transportation System.’.CommentsClose CommentsPermalink

SEC. 304. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE AGREEMENTS205. DEFINITION OF AIR NAVIGATION FACILITY.CommentsClose CommentsPermalink

Section 106(m) is amended by striking ‘without’ in the last sentence and inserting ‘with or without40102(a)(4) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraph (D) as subparagraph (E);CommentsClose CommentsPermalink





(2) by striking subparagraphs (B) and (C); andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) runway lighting and airport surface visual and other navigation aids;CommentsClose CommentsPermalink





‘(C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft;CommentsClose CommentsPermalink





‘(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;’;CommentsClose CommentsPermalink





(4) in subparagraph (E) (as redesignated by paragraph (1) of this section)--CommentsClose CommentsPermalink





(A) by striking ‘another structure’ and inserting ‘any structure, equipment,’; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





‘(F) buildings, equipment, and systems dedicated to the national airspace system.’.CommentsClose CommentsPermalink

SEC. 305206. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.CommentsClose CommentsPermalink

Section 40110(c) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘and’ after the semicolon in paragraph (3);CommentsClose CommentsPermalink





(2) by striking paragraph (4); andCommentsClose CommentsPermalink





(3) by redesignating paragraph (5) as paragraph (4).CommentsClose CommentsPermalink