HR 1356 IHCommentsClose CommentsPermalink

To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2008 through 2010, to improve aviation safety and capacity, to provide stable, cost-based funding for the national aviation system, and for other purposes.CommentsClose CommentsPermalink

March 6, 2007

Mr. OBERSTAR (for himself, Mr. MICA, Mr. COSTELLO, and Mr. PETRI) (all by request) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Science and Technology, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2008 through 2010, to improve aviation safety and capacity, to provide stable, cost-based funding for the national aviation system, and for other purposes.CommentsClose CommentsPermalink

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.

(a) Short Title- This Act may be cited as the `Next Generation Air Transportation System Financing Reform Act of 2007'.CommentsClose CommentsPermalink





(b) Table of Contents-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. Authorizations for General Fund, air traffic functions, safety and operations.CommentsClose CommentsPermalink





Sec. 102. Airport planning and development and noise compatibility planning and programs.CommentsClose CommentsPermalink





Sec. 103. Airline data and analysis.CommentsClose CommentsPermalink





Sec. 104. Office of Commercial Space Transportation.CommentsClose CommentsPermalink





Sec. 105. Transition.CommentsClose CommentsPermalink

TITLE II--USER FEE AUTHORITY

Sec. 201. Fees.CommentsClose CommentsPermalink





Sec. 202. Conforming Amendments.CommentsClose CommentsPermalink

TITLE III--AIRPORT IMPROVEMENT PROGRAM

Sec. 301. Reform of passenger facility charge authority.CommentsClose CommentsPermalink





Sec. 302. Amendments to AIP definitions.CommentsClose CommentsPermalink





Sec. 303. Amendments to grant assurances.CommentsClose CommentsPermalink





Sec. 304. Government share of project costs.CommentsClose CommentsPermalink





Sec. 305. Amendments to allowable costs.CommentsClose CommentsPermalink





Sec. 306. Simplification and reform of apportionment formulas.CommentsClose CommentsPermalink





Sec. 307. Minimum amount for discretionary fund.CommentsClose CommentsPermalink





Sec. 308. Funding of space transportation infrastructure grants program.CommentsClose CommentsPermalink





Sec. 309. Repeal of small airport fund.CommentsClose CommentsPermalink





Sec. 310. Creation of new small airport set-aside, and repeal of military and reliever airport set-asides.CommentsClose CommentsPermalink





Sec. 311. Military Airport Program.CommentsClose CommentsPermalink





Sec. 312. Sale of private airport to public sponsor.CommentsClose CommentsPermalink





Sec. 313. Sunset of airport security program.CommentsClose CommentsPermalink





Sec. 314. Sunset of pilot program for purchase of airport development rights.CommentsClose CommentsPermalink





Sec. 315. Extension of grant authority for compatible land use planning and projects by State and local governments.CommentsClose CommentsPermalink





Sec. 316. Midway Island Airport.CommentsClose CommentsPermalink





Sec. 317. Pilot program for airport takeover of air navigation facilities.CommentsClose CommentsPermalink





Sec. 318. ADS-B Support Pilot ProgramCommentsClose CommentsPermalink





Sec. 319. AIP eligibility for Metropolitan Washington Airports Authority.CommentsClose CommentsPermalink





Sec. 320. Miscellaneous Amendments.CommentsClose CommentsPermalink

TITLE IV--MANAGEMENT AND ORGANIZATION

Sec. 401. Air Transportation System Advisory Board.CommentsClose CommentsPermalink





Sec. 402. Facilitation of Next Generation air traffic services.CommentsClose CommentsPermalink





Sec. 403. Clarification of authority to enter into reimbursable agreements.CommentsClose CommentsPermalink





Sec. 404. Definition of air navigation facility.CommentsClose CommentsPermalink





Sec. 405. Improved management of property inventory.CommentsClose CommentsPermalink





Sec. 406. Clarification to acquisition reform authority.CommentsClose CommentsPermalink





Sec. 407. Assistance to foreign aviation authorities.CommentsClose CommentsPermalink





Sec. 408. Presidential Rank Award Program.CommentsClose CommentsPermalink





Sec. 409. Realignment and consolidation of aviation facilities and services.CommentsClose CommentsPermalink





Sec. 410. Operational and approach procedures by third parties through delegation.CommentsClose CommentsPermalink





Sec. 411. Judicial review of denial of airman certificates.CommentsClose CommentsPermalink





Sec. 412. Release of data relating to abandoned type certificates and supplemental type certificates.CommentsClose CommentsPermalink





Sec. 413. Design Organization Certificates.CommentsClose CommentsPermalink





Sec. 414. Contract tower program.CommentsClose CommentsPermalink





Sec. 415. Enhanced Oversight of Next Generation Air Transportation System Joint Planning and Development office.CommentsClose CommentsPermalink

TITLE V--AVIATION SAFETY, SECURITY, CAPACITY AND CONNECTIVITY IMPROVEMENTS

Sec. 501. Disclosure of data to Federal agencies in interest of national security.CommentsClose CommentsPermalink





Sec. 502. FAA access to criminal history records or database systems.CommentsClose CommentsPermalink





Sec. 503. Allocation of operating authorizations at LaGuardia airport.CommentsClose CommentsPermalink





Sec. 504. Pilot program for market-based mechanisms at congested airports.CommentsClose CommentsPermalink

TITLE VI--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

Sec. 601. Airport Cooperative Research Program.CommentsClose CommentsPermalink





Sec. 602. State Block Grant Program.CommentsClose CommentsPermalink





Sec. 603. Airport funding of special studies or reviews.CommentsClose CommentsPermalink





Sec. 604. Environmental Mitigation Demonstration Pilot Program.CommentsClose CommentsPermalink





Sec. 605. Grant eligibility for assessment of flight procedures.CommentsClose CommentsPermalink





Sec. 606. Research consortium for lower energy, emissions and noise technology partnership.CommentsClose CommentsPermalink





Sec. 607. Amendments to Air Tour Management Program.CommentsClose CommentsPermalink

TITLE VII--AVIATION INSURANCE

Sec. 701. General Authority.CommentsClose CommentsPermalink





Sec. 702. Extension of authority to limit third party liability of air carriers arising out of acts of terrorism.CommentsClose CommentsPermalink





Sec. 703. Clarification on reinsurance authority.CommentsClose CommentsPermalink





Sec. 704. Use of independent claims adjusters.CommentsClose CommentsPermalink





Sec. 705. Extension of aviation program authority.CommentsClose CommentsPermalink

TITLE VIII--AVIATION SERVICE IMPROVMENTS

Sec. 801. Extension of competitive access reports.CommentsClose CommentsPermalink





Sec. 802. Essential air service reform.CommentsClose CommentsPermalink





Sec. 803. Termination of DOT authority to set international mail rates.CommentsClose CommentsPermalink





Sec. 804. Air carriage of international mail.CommentsClose CommentsPermalink





Sec. 805. Contents of competition plans.CommentsClose CommentsPermalink





Sec. 806. Airport privatization.CommentsClose CommentsPermalink





Sec. 807. Clarification of air carrier fee disputes.CommentsClose CommentsPermalink





Sec. 808. Amendments to chapter 415.CommentsClose CommentsPermalink

TITLE IX--INTERNAL REVENUE CODE AMENDMENTS

Sec. 901. Amendment of 1986 Code.CommentsClose CommentsPermalink





Sec. 902. Modifications to tax on aviation fuel.CommentsClose CommentsPermalink





Sec. 903. Modifications to tax on transportation of persons by air.CommentsClose CommentsPermalink





Sec. 904. Extension of Airport and Airway Trust Fund expenditure authority.CommentsClose CommentsPermalink

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

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.CommentsClose CommentsPermalink

SEC. 3. EFFECTIVE DATE.

Except as otherwise expressly provided, this Act and the amendments made by this Act shall be effective on the date of enactment.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATIONS FOR SAFETY AND OPERATIONS, AIR TRAFFIC FUNCTIONS, RESEARCH AND DEVELOPMENT.

(a) In General- Part C of subtitle VII is amended by striking chapter 482 and inserting in lieu thereof the following:CommentsClose CommentsPermalink

`CHAPTER 482--AUTHORIZATIONS FOR AIR TRAFFIC FUNCTIONS, SAFETY AND OPERATIONS, AND RESEARCH AND DEVELOPMENT

`Sec.CommentsClose CommentsPermalink





`48201. Air Traffic Organization.CommentsClose CommentsPermalink





`48202. Safety and operations.CommentsClose CommentsPermalink





`48203. Civil aviation research and development.CommentsClose CommentsPermalink





`48204. General fund authorization.CommentsClose CommentsPermalink

`Sec. 48201. Air Traffic Organization

`(a) Air Traffic Organization Account- On October 1, 2007, the Secretary of the Treasury shall establish on the books of the Treasury a separate account to be known as the `Air Traffic Organization'.CommentsClose CommentsPermalink





`(b) Authorization of Appropriations- In addition to amounts from the general fund of the Treasury as authorized in section 48204, not more than a total of 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 capital, operating and overhead costs of providing air traffic control and related services:CommentsClose CommentsPermalink





`(1) $7,915,516,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(2) $1,130,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink





`(3) $1,126,000,000 for fiscal year 2010.CommentsClose CommentsPermalink





`(c) User Fees- (1) In addition to amounts authorized under subsection (b), amounts credited to the account established under subsection (a) from fees collected under section 45305 of this title are authorized to be used for capital, operating and overhead costs of providing air traffic control and related services, as well as for the costs related to the assessment and collection of these fees.CommentsClose CommentsPermalink





`(2) Notwithstanding any other provision of law, amounts credited to the account established under subsection (a) shall be used only to carry out the air traffic functions of the Federal Aviation Administration.CommentsClose CommentsPermalink





`(d) Availability of Amounts- Amounts appropriated under this section shall remain available until expended.CommentsClose CommentsPermalink

`Sec. 48202. Safety and operations

`(a) Safety and Operations Account- On October 1, 2007, the Secretary of the Treasury shall establish on the books of the Treasury a separate account to be known as the `Safety and Operations'.CommentsClose CommentsPermalink





`(b) Authorization of Appropriations- In addition to amounts from the general fund of the Treasury as authorized in section 48204, not more than a total of 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 programs, activities and services relating to the Federal Aviation Administration's safety programs, services to the commercial space industry and other staff support functions:CommentsClose CommentsPermalink





`(1) $671,594,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(2) $69,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink





`(3) $69,000,000 for fiscal year 2010.CommentsClose CommentsPermalink





`(c) User Fees- (1) Amounts credited to the account established under subsection (a) from fees collected under sections 45305 and 45306 of this title, are authorized to be used for programs, activities and services relating to the Federal Aviation Administration's safety programs and other staff support functions, as well as for the costs related to the assessment and collection of these fees.CommentsClose CommentsPermalink





`(2) Notwithstanding any other provision of law, amounts credited to the account established under subsection (a) shall be used only to carry out the safety programs, services to the commercial space industry, and staff support functions of the Federal Aviation Administration.CommentsClose CommentsPermalink





`(d) Availability of Amounts- Amounts appropriated under this section shall remain available until expended.CommentsClose CommentsPermalink

`Sec. 48203. Civil aviation research and development

`(a) Authorization- In addition to amounts from the general fund of the Treasury as authorized in section 48204, not more than the following amounts may be appropriated out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), to the Secretary of Transportation for conducting civil aviation research and development under sections 44504, 44505, 44507, 44509, and 44511-44513 of this title:CommentsClose CommentsPermalink





`(1) $122,867,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(2) $174,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink





`(3) $174,000,000 for fiscal year 2010.CommentsClose CommentsPermalink





`(b) Availability of Amounts- Amounts appropriated under this section shall remain available until expended.CommentsClose CommentsPermalink

`Sec. 48204. General Fund Authorization

`(a) Not more than the following amounts may be appropriated under this chapter from the general fund of the Treasury to the Secretary of Transportation for activities or services, the cost of which is not otherwise funded by fees established under chapter 453 of this title or by funds made available from the Airport and Airway Trust Fund, related to aviation safety regulation and oversight, research and development, air traffic services provided to military, public or air ambulance aircraft, operation of Flight Service Stations and Automated Flight Service Stations, operation of air traffic control towers at airports with fewer than 100,000 passenger boardings per year, services to the commercial space industry, or other Federal Aviation Administration programs in the general public interest, including the capital, operating, and overhead costs for such activities or services:CommentsClose CommentsPermalink





`(1) $2,618,322,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(2) $2,582,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink





`(3) $2,582,000,000 for fiscal year 2010.'.CommentsClose CommentsPermalink





`(b) Conforming Amendment- The analysis of Part C of Subtitle VII is amended by revising the entry for chapter 482 to read as follows:CommentsClose CommentsPermalink

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`482. Authorizations for air traffic functions, safety and operations, research and development and general fund 48201.'. CommentsClose CommentsPermalink

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SEC. 102. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY PLANNING AND PROGRAMS.

(a) Authorization- Section 48103 is amended--CommentsClose CommentsPermalink





(1) in the first sentence, by striking `The' and inserting `(a) AUTHORIZATION- The';CommentsClose CommentsPermalink





(2) by striking `September 30, 2003' and inserting `September 30, 2007';CommentsClose CommentsPermalink





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





`(1) $2,750,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(2) $2,900,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink





`(3) $3,050,000,000 for fiscal year 2010.'; andCommentsClose CommentsPermalink





(4) by inserting at the end the following:CommentsClose CommentsPermalink





`(b) Airport Cooperative Research Program- Not more than $15,000,000 per year for fiscal years 2008, 2009 and 2010 may be appropriated to the Secretary of Transportation from the amounts made available each year under subsection (a) for the Airport Cooperative Research Program under section 44511 of this title, of which not less than $5,000,000 per year shall be for research activities related to the airport environment, including reduction of community exposure to civil aircraft noise, reduction of civil aviation emissions, or addressing water quality issues.'.CommentsClose CommentsPermalink





(b) Obligational Authority- Section 47104(c) is amended by striking `September 30, 2007' and inserting `September 30, 2010'.CommentsClose CommentsPermalink

SEC. 103. AIRLINE DATA AND ANALYSIS.

(a) Authorization- There is authorized to be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established by section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), $4,000,000 per year for fiscal year 2008, and $6,000,000 for fiscal years 2009 and 2010 to fund airline data collection and analysis by the Bureau of Transportation Statistics in the Research and Innovative Technology Administration of the Department of Transportation.CommentsClose CommentsPermalink





(b) In fiscal year 2009, the Secretary shall reform, by the most efficient means available, the aviation economic data program for the collection and dissemination of airline traffic and financial data.CommentsClose CommentsPermalink

SEC. 104. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.

Section 70119 is amended--CommentsClose CommentsPermalink





(1) in paragraph (4), by striking `and';CommentsClose CommentsPermalink





(2) in paragraph (5), by striking `2009.' and inserting `2009; and'; andCommentsClose CommentsPermalink





(3) by inserting at the end:CommentsClose CommentsPermalink





`(6) $15,224,000 for fiscal year 2010.'.CommentsClose CommentsPermalink

SEC. 105. TRANSITION.

(a) Authorization for Transition Period- For the purpose of supporting the transition to a user fee system of financing under chapter 453, not more than $1,360,000,000 is authorized to be appropriated to the Secretary of Transportation from the general fund of the Treasury to provide services for an initial period of sixty days for which user fees under sections 45305 (air traffic control and related fees) and 45306 (registration, certification and related fees) are assessed.CommentsClose CommentsPermalink





(b) Fee Surcharge- The Administrator of the Federal Aviation Administration shall, subject to appropriation in advance, impose and collect a surcharge on the user fees established under sections 45305 and 45306 for fiscal year 2009 in an amount and manner so as to fully recover and return to the general fund in fiscal year 2009 the amount used for transition costs under this section.CommentsClose CommentsPermalink

TITLE II--USER FEE AUTHORITY

SEC. 201. FEES.

(a) In General- Chapter 453 is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 45305. Air traffic control and related fees

`(a) Schedule of Fees- (1) Not later than the date of transition, the Administrator of the Federal Aviation Administration shall establish fees for air traffic control and related activities, services, facilities and equipment provided by, or on behalf of, the Administration in accordance with this section. Except as provided in subsection (c), owners or operators of aircraft in the national airspace system shall pay the fees assessed under this section. The Administrator may establish separate fees for aircraft operating in terminal, enroute, or oceanic airspace.CommentsClose CommentsPermalink





`(2) For purposes of this section and section 45306, `date of transition' means October 1, 2008.CommentsClose CommentsPermalink





`(3) In establishing fees under paragraph (1), the Administrator may establish interim fees for a period not to exceed one year after the date of transition, and may impose a surcharge on such fees in order to recover the full costs of services during the initial period of transition to user fees. The establishment of such interim fees would not be subject to the requirements of subsection (e)(2).CommentsClose CommentsPermalink





`(4) In accordance with this section, the Administrator may periodically modify the fees established under this section either on the Administrator's own initiative, based on the requirements of the agency or the users of the National Airspace System, or on a recommendation from the Board under subsection (e)(2) of this section.CommentsClose CommentsPermalink





`(b) Basis for Fees; Computation Methods- (1) En Route and Oceanic- In establishing fees for aircraft operating in en route or oceanic airspace, including fees for aircraft that operate in United States controlled airspace but neither take off from, nor land in, the United States, the Administrator may base the fee on distance traveled, or on any other method that is consistent with the treaties and international agreements to which the United States is a party.CommentsClose CommentsPermalink





`(2) Terminal Airspace- For aircraft operations in terminal airspace, the Administrator may establish a fee with the following elements:CommentsClose CommentsPermalink





`(A) for takeoffs and landings at airports with greater than 100,000 passenger boardings per year;CommentsClose CommentsPermalink





`(B) that may be based on the weight of the aircraft;CommentsClose CommentsPermalink





`(C) specifically for aircraft operating in terminal airspace for a large hub airport, as defined by section 40102(a)(29);CommentsClose CommentsPermalink





`(D) specifically for terminal airspace for a large hub airport that varies with the time of day, day of the week, or for a particular large hub airport if the Administrator determines--CommentsClose CommentsPermalink





`(i) that such airspace is congested;CommentsClose CommentsPermalink





`(ii) that such congestion results in whole or in part from the limitation on the capacity of the large hub airport or airports; andCommentsClose CommentsPermalink





`(iii) that establishing such a fee will help reduce delays in the national airspace system; andCommentsClose CommentsPermalink





`(E) a fee that is different for nighttime operations than for daytime operations.CommentsClose CommentsPermalink





`(3) Quantitative Standards- For the purpose of the determinations required by paragraphs (b)(2)(D), the Administrator shall issue quantitative standards for the levels of airspace and airport congestion, operating delays, effect of airport delay on national system delay, and feasibility of increasing the capacity of a congested airport, and make such determinations in accordance with those standards.CommentsClose CommentsPermalink





`(4) Aircraft Altitude- Nothing in this section shall require the Administrator to take into account aircraft altitude in establishing any fee for aircraft operations in terminal, en route or oceanic airspace.CommentsClose CommentsPermalink





`(5) Incentive for Equipage- The Administrator may establish reduced fees for aircraft that are equipped with avionics whose use the Administrator determines would enhance the safety or efficiency of the National Airspace System if the Administrator finds that such a fee structure would create an incentive for the purchase and installation of such equipment.CommentsClose CommentsPermalink





`(6) Relation to Costs- The fees established under this section shall be based on the costs to the Administration of providing the air traffic control and related activities, services, facilities, and equipment using the available data derived from the agency's cost accounting system and cost allocation system to users. For purposes of this section, the term `costs' means those costs associated with the operation, maintenance, debt service, and overhead expenses of the services provided and the facilities and equipment used in such services, including the projected costs for the period during which the services will be provided, but shall not include the cost of providing services to aircraft described in subsection (c).CommentsClose CommentsPermalink





`(7) Reserve- The fees that the Administrator establishes under this section may also include amounts sufficient to cover the costs of providing air traffic control and related activities, services, facilities and equipment in the event that receipts are less than projected, whether such a shortfall is caused by a decrease in aircraft operations, delinquent payment of fees by any person, or for another comparable reason.CommentsClose CommentsPermalink





`(8) Annual Review- The Administrator shall provide for an annual independent review to validate that the agency used actual costs for the year, which were prepared in accordance with generally accepted accounting principles, and compiled those costs in accordance with the agency's documented cost allocation methodology.CommentsClose CommentsPermalink





`(9) Fees Credited as Offsetting Collections- Any fee authorized to be collected under this section shall, subject to appropriation made in advance--CommentsClose CommentsPermalink





`(A) be credited as offsetting collections to the account established under section 48201(a) of this title; andCommentsClose CommentsPermalink





`(B) be available to the Administrator for expenditure only to pay the costs of activities and services for which the fee is imposed, including the costs to determine, assess, review and collect the fee.CommentsClose CommentsPermalink





`(10) Effect of Law on Fee Collection- The Administrator may continue to assess and collect and spend fees established under this section during any period in which the agency's funding is provided under an Act providing continuing appropriations in lieu of the agency's regular appropriations.CommentsClose CommentsPermalink





`(c) Exceptions- (1) Military and Other Public Aircraft- Fees may not be assessed under this section for air traffic control and related services provided to military aircraft, public aircraft (as defined in section 40102 of this subtitle), air ambulance aircraft, or to military or non-commercial civil aircraft of a foreign government.CommentsClose CommentsPermalink





`(2) General Aviation Operations- Except for fees established for operations in terminal airspace for a large hub airport under subsection (b)(2), no fees may be established under this section for air traffic control and related services provided to aircraft operations using fuel for which a tax was paid under section 4081(a)(2) (except taxes paid at the rate specified in section 4081(a)(2)(C)(i)) of title 26, United States Code. The exception provided by this subparagraph shall cease to be effective if the rate of tax for fuel under section 4081(a)(2) is lower than 70.0 cents per gallon, starting on the date of transition, except if the lower rate is the result of adjustments made under section 4081(a)(2) of title 26, United States Code.CommentsClose CommentsPermalink





`(3) Flight Plan Information- Any person required to file a flight plan with the Administration, including operators of flights described in paragraphs (1) and (2), must specify in the plan whether the person is engaged in an operation for compensation or hire, or a general aviation operation, or a military or public aircraft operation, for purposes of this section.CommentsClose CommentsPermalink





`(4) Canada to Canada Flights- The Administrator may waive a fee that would otherwise be assessed under this chapter for flights that operate in U.S.-controlled airspace but takeoff and land at an airport in Canada without an intermediate stop outside Canada, if the Administrator determines that not assessing and collecting the fee for such flights would be in the public interest.CommentsClose CommentsPermalink





`(d) Administrative Provisions- (1) Fees Payable to the Administrator- Fees assessed and amounts collected under this section are payable to the Administrator. The Administrator may refund any fee, or portion thereof, paid by mistake in excess of the amount required.CommentsClose CommentsPermalink





`(2) Collection Procedures- The Administrator shall establish procedures for the collection of fees. These procedures shall establish the frequency of payment, deadlines for payment, a maximum amount of fees that may be outstanding on the account of any person, and such other limitations and conditions as the Administrator determines are necessary to obtain prompt payment of fees.CommentsClose CommentsPermalink





`(3) Failure To Pay Required Fees- If the Administrator determines that any person has failed to pay fees when due under this section, or to comply with any limitation or condition on payment under this section, or to provide the Administration with the correct information in the person's flight plan or by other means regarding the nature of the flight, including whether the person engaged in an operation for compensation or hire or general aviation operation, the Administrator may--CommentsClose CommentsPermalink





`(A) assess interest charges, using a rate equal to 150 percent of a rate determined by the Secretary of the Treasury based on the average of bond equivalent yields on 13-week Treasury bills auctioned during the previous calendar quarter, to be redetermined quarterly, on amounts that have not been paid by the deadline;CommentsClose CommentsPermalink





`(B) change the required payment schedule for such person;CommentsClose CommentsPermalink





`(C) offset any amount of fees owed by withholding any payment otherwise owed or due to the person by the Secretary or the Administrator;CommentsClose CommentsPermalink





`(D) upon 24 hours notice, terminate, reduce, or withhold the provision of non-emergency air traffic control and related services to such person, except that, in any case involving a foreign air carrier, the Administrator shall take such actions as are necessary to comply with applicable international agreements; orCommentsClose CommentsPermalink





`(E) impose a civil penalty for each day amounts remain unpaid, or take other appropriate enforcement action under this subtitle.CommentsClose CommentsPermalink





`(4) Action When Future Payment in Jeopardy- If the Administrator reasonably determines that an aircraft owner or operator will not pay its required fees when due, the Administrator may--CommentsClose CommentsPermalink





`(A) change the required payment schedule for such person; orCommentsClose CommentsPermalink





`(B) upon 24 hours notice, terminate, reduce, or withhold the provision of non-emergency air traffic control and related services to such person, except that, in any case involving a foreign air carrier, the Administrator shall take such actions as are necessary to comply with applicable international agreements.CommentsClose CommentsPermalink





`(5) Payment Not Stayed Pending Review- In any case where a person seeks administrative review of the Administrator's action under this section, the collection of fees from that person may not be stayed pending resolution of the case.CommentsClose CommentsPermalink





`(e) Consultation Requirements; Approval of Fees- (1) Prior to establishing or modifying fees under this section or section 45306 of this title, the Administrator shall consult with air carriers, including foreign air carriers, consistent with international agreements, and any other persons subject to such fees, and any other member of the public who wishes to file comments. For purposes of the section, `consult' means to afford the opportunity to provide comments to, and have such comments considered by, the Administrator.CommentsClose CommentsPermalink





`(2) Prior to establishing or modifying fees under this section or section 45306 of this title, the Administrator shall consult with and seek the recommendations of the type and level of such fees from the Air Transportation System Advisory Board (hereinafter `the Board') established under section 106(p) of this title. The Board may, from time to time, recommend that the Administrator modify established fees based on the needs of the agency or the users of the National Airspace System. If the Board fails to recommend approval of any fee proposed by the Administrator, or if the Administrator fails to adopt the recommendation of the Board, the Administrator may establish or maintain such fees only after publishing in the Federal Register a written determination setting forth the reasons for the Administrator's establishment or modification of the fees and summarizing the views of the Board.CommentsClose CommentsPermalink





`(3) Any person who is subject to fees established in this section or section 45306 of this title, and who objects to the establishment or amount of such fees may appeal that decision exclusively to the Secretary of Transportation. The Secretary may disapprove the establishment or modification of fees if the Secretary finds that the fees--CommentsClose CommentsPermalink





`(A) are not, in the case of fees under this section, based on costs as described in subsection (b)(6);CommentsClose CommentsPermalink





`(B) do not fairly allocate system costs among users who pay fees;CommentsClose CommentsPermalink





`(C) unreasonably discriminate against a particular category of users of the system; orCommentsClose CommentsPermalink





`(D) are not in accordance with the strategic plan of the Administration.CommentsClose CommentsPermalink





`(4) The decision of the Administrator to establish or modify a fee or schedule of fees under this section or section 45306 of this title shall be effective unless disapproved by the Secretary within 60 days after submission of the Administrator's decision to the Secretary. The decision of the Secretary constitutes final agency action and is not subject to judicial review.CommentsClose CommentsPermalink





`(f) Effect on Other Fees- Unless otherwise specified, nothing in this section or section 45306 shall be construed as affecting fees previously authorized and established under this chapter.CommentsClose CommentsPermalink





`(g) Exemption From Rulemaking- The requirements applicable to developing and issuing rules under title 5, United States Code, shall not apply to the actions of the Secretary, Administrator, or Board under this section.CommentsClose CommentsPermalink





`(h) Status of Airport- Based on fiscal year 2006 data, the Administrator shall publish a list of airports that meet the criteria for a large hub airport under subsection (b)(2). The Administrator shall periodically update such list. If in the fiscal year during which the list is first published or in any subsequent fiscal year in which the list of airports is updated, an airport meets the criteria for a large hub airport under subsection (b)(2), such airport shall be deemed to remain in such status for three years regardless of fluctuation in the passenger boardings during that time.CommentsClose CommentsPermalink





`(i) Definitions- For the purposes of this section--CommentsClose CommentsPermalink





`(1) `Air ambulance aircraft' means--CommentsClose CommentsPermalink





`(A) rotorcraft, which are engaged in an operation to provide emergency medical services; orCommentsClose CommentsPermalink





`(B) fixed-wing aircraft, which are equipped for and exclusively dedicated to providing acute care medical services.CommentsClose CommentsPermalink





`(2) `enroute airspace' means airspace encompassing Class A and Class E airspace listed in part 71 of title 14 of the Code of Federal Regulations and subpart B of Federal Aviation Administration Order 7400.9N or a successor order;CommentsClose CommentsPermalink





`(3) `terminal airspace' means airspace encompassing Class B, Class C and Class D airspace listed in part 71 of title 14 of the Code of Federal Regulations and subpart B of Federal Aviation Administration Order 7400.9N or a successor order.CommentsClose CommentsPermalink





`(4) `oceanic airspace' means U.S. controlled airspace over an ocean.CommentsClose CommentsPermalink

`Sec. 45306. Registration, certification and related fees

`(a) Imposition of Registration Fees- On the date of transition, the Administrator shall establish the following fees for the following services or activities:CommentsClose CommentsPermalink





`(1) $130 for registering an aircraft.CommentsClose CommentsPermalink





`(2) $45 for replacing an aircraft registration.CommentsClose CommentsPermalink





`(3) $130 for issuing an original dealer's aircraft certificate.CommentsClose CommentsPermalink





`(4) $105 for issuing an additional aircraft certificate.CommentsClose CommentsPermalink





`(5) $80 for issuing a special registration number.CommentsClose CommentsPermalink





`(6) $50 for issuing a renewal of a special registration number.CommentsClose CommentsPermalink





`(7) $130 for recording a security interest.CommentsClose CommentsPermalink





`(8) $130 for recording a security interest in aircraft parts.CommentsClose CommentsPermalink





`(9) $50 for issuing an airman certificate.CommentsClose CommentsPermalink





`(10) $25 for issuing a replacement airman certificate.CommentsClose CommentsPermalink





`(11) $42 for issuing an airman medical certificate.CommentsClose CommentsPermalink





`(12) $100 for providing legal title opinions pertaining to aircraft transactions.CommentsClose CommentsPermalink





`(b) Establishment of Certification Fees- (1) The Administrator shall establish fees for the following services or activities:CommentsClose CommentsPermalink





`(A) The appointment of a designee (other than designated medical examiners).CommentsClose CommentsPermalink





`(B) The appointment of delegated organizations.CommentsClose CommentsPermalink





`(C) The training of a designee.CommentsClose CommentsPermalink





`(D) The issuance of a certificate to a flight school under Part 141 of title 14 of the Code of Federal Regulations.CommentsClose CommentsPermalink





`(E) The issuance of a certificate to a training center under Part 142 of title 14 of the Code of Federal Regulations.CommentsClose CommentsPermalink





`(F) The issuance of a certificate to a large domestic repair station under part 145 of title 14 of the Code of Federal Regulations.CommentsClose CommentsPermalink





`(G) The issuance of a certificate to a medium domestic repair station under part 145 of title 14 of the Code of Federal Regulations.CommentsClose CommentsPermalink





`(H) The issuance of a certificate to a small domestic repair station under part 145 of title 14 of the Code of Federal Regulations.CommentsClose CommentsPermalink





`(I) The issuance of a certificate to a large foreign repair station under part 145 of title 14 of the Code of Federal Regulations.CommentsClose CommentsPermalink





`(J) The issuance of a certificate to a medium foreign repair station under part 145 of title 14 of the Code of Federal Regulations.CommentsClose CommentsPermalink





`(K) The issuance of a certificate to a small foreign repair station under part 145 of title 14 of the Code of Federal Regulations.CommentsClose CommentsPermalink





`(L) The issuance of a certificate to a maintenance technical school under part 147 of title 14 of the Code of Federal Regulations.CommentsClose CommentsPermalink





`(M) Training provided to foreign aviation authorities.CommentsClose CommentsPermalink





`(2) Relation to Costs- The fees that the Administrator establishes and assesses under this section, shall be based on the costs to the Administration of providing such activities and services using the available data derived from the agency's cost accounting system and cost allocation system to users. For purposes of this section, the term `costs' shall mean those costs associated with capital, operation and maintenance, and overhead, including the projected costs for the period during which the services are provided.CommentsClose CommentsPermalink





`(c) Fees for Other Services- The Administrator may establish and collect such additional fees as may be necessary to cover the cost of aviation certification, regulation, and related services not enumerated in subsection (b), including any additional cost of providing services outside the United States.CommentsClose CommentsPermalink





`(d) Fees Credited as Offsetting Collections- (1) Any fee authorized to be collected under this section shall, subject to appropriation made in advance--CommentsClose CommentsPermalink





`(A) be credited as offsetting collections to the account established under section 48202(a) of this title; andCommentsClose CommentsPermalink





`(B) be available for expenditure only to pay the costs of activities and services for which the fee is imposed, including the costs to determine, assess, review and collect the fee.CommentsClose CommentsPermalink





`(2) The Administrator may continue to assess and collect and spend fees established under this section during any period in which the agency's funding is provided under an Act providing continuing appropriations in lieu of the agency's regular appropriations.CommentsClose CommentsPermalink





`(e) Adjustments- The Administrator shall periodically adjust the fees established by subsections (a) or (b) in the following circumstances--CommentsClose CommentsPermalink





`(1) to account for changes in the Consumer Price Index of All Urban Consumers published by the Secretary of Labor;CommentsClose CommentsPermalink





`(2) when data reveal that the cost of providing the service is higher or lower than the cost data that was used to establish the fee then in effect; orCommentsClose CommentsPermalink





`(3) when the Board recommends an adjustment in the fees, in accordance with the procedures under subsection (g).CommentsClose CommentsPermalink





`(f) Administrative Provisions- (1) Fees Payable to the Administrator- All fees assessed and amounts collected under this section are payable to the Administrator. The Administrator may refund any fee, or portion thereof, paid by mistake in excess of the amount required.CommentsClose CommentsPermalink





`(2) Collection Procedures- The Administrator shall establish procedures for the collection of fees. These procedures shall establish the frequency of payment, deadlines for payment, a maximum amount of fees that may be outstanding on the account of any person, and such other limitations and conditions as the Administrator determines are necessary to obtain prompt payment of fees.CommentsClose CommentsPermalink





`(3) Failure To Pay Required Fees- If the Administrator determines that any person has failed to pay fees when due under this section or to comply with any limitation or condition on payment under this section, the Administrator may--CommentsClose CommentsPermalink





`(A) assess interest charges, using a rate equal to 150 percent of a rate determined by the Secretary of the Treasury based on the average of bond equivalent yields on 13-week Treasury bills auctioned during the previous calendar quarter, to be redetermined quarterly, on amounts that have not been paid by the deadline;CommentsClose CommentsPermalink





`(B) change the required payment schedule for such person;CommentsClose CommentsPermalink





`(C) upon 24 hours notice to the person, terminate, reduce or withhold non-emergency services or in any case involving a foreign air carrier, the Administrator shall take such actions as are necessary to comply with applicable international agreements; orCommentsClose CommentsPermalink





`(D) impose a civil penalty for each day amounts remain unpaid, or take other appropriate enforcement action under this subtitle.CommentsClose CommentsPermalink





`(4) Action When Future Payment in Jeopardy- If the Administrator reasonably determines that a person will not pay its required fees when due, the Administrator may--CommentsClose CommentsPermalink





`(A) change the required payment schedule for such person; orCommentsClose CommentsPermalink





`(B) upon 24 hours notice, terminate, reduce, or withhold non-emergency services to such person, except that, in any case involving a foreign air carrier, the Administrator shall take such actions as are necessary to comply with applicable international agreements.CommentsClose CommentsPermalink





`(5) Payment Not Stayed Pending Review- In any case where a person seeks administrative review of the Administrator's action under this section, the collection of fees from that person may not be stayed pending resolution of the case.CommentsClose CommentsPermalink





`(g) Procedure for Imposition of Fees- In establishing or modifying fees under this section, the procedures and requirements of section 45305(e) of this title shall apply.CommentsClose CommentsPermalink





`(h) Exemption From Rulemaking- The requirements applicable to developing and issuing rules under title 5, United States Code, shall not apply to the actions of the Secretary, Administrator, or Board under this section.CommentsClose CommentsPermalink

`Sec. 45307. Rules of construction

`Notwithstanding any other law, the fees computed, established, assessed, modified or approved under this chapter shall be governed by the provisions of this chapter and not the provisions of section 9701 of title 31.CommentsClose CommentsPermalink

`Sec. 45308. Borrowing authority

`(a) In General- (1) In order to support the transition to the Next Generation Air Transportation System, in fiscal years 2013 through 2017 the Secretary of Transportation is authorized to issue obligations to the Secretary of the Treasury to finance capital investments in the facilities and equipment of the air traffic control system to be owned and operated by the Federal Aviation Administration. The Secretary of the Treasury, in the Secretary's discretion, may purchase any such obligations, provided that the Secretary first determines that there is reasonable assurance of repayment of such obligations.CommentsClose CommentsPermalink





`(2) The Secretary shall not issue any obligations under paragraph (1) without first obtaining approval by the Director of the Office of Management and Budget of the issuance of such obligations and proposed investments to be financed.CommentsClose CommentsPermalink





`(b) Conditions and Limit on Indebtedness- Obligations issued under this section shall be in such forms and denominations, bear such maturities, and shall be subject to such terms and conditions as may be prescribed by the Secretary of the Treasury. The aggregate amount of all such obligations shall not exceed $5,000,000,000 and all obligations shall be repaid by the Secretary of Transportation by the end of fiscal year 2017.CommentsClose CommentsPermalink





`(c) User Fee Increase- Upon the issuance of obligations under paragraph (1), the Secretary of Transportation shall increase the user fees authorized in sections 45305 and 45306 in each of the fiscal years 2013 to 2017 in the amounts required to repay such obligations with interest, and such payments shall have first priority in the use of fees collected during this period. This increase in user fees shall not be treated as discretionary offsetting collections and shall only be used to repay the obligations incurred under paragraph (1).CommentsClose CommentsPermalink





`(d) Interest Rate- The interest rate on obligations issued under this section shall be a rate determined by the Secretary of the Treasury, taking into consideration the current market yields on outstanding marketable obligations of the United States of comparable maturity, plus a surcharge, determined by the Secretary of the Treasury, to be sufficient to cover any potential losses and the administrative costs associated with the obligations. Any surcharges for administrative costs collected by the Secretary of the Treasury shall be credited to the appropriation account which incurred the cost.CommentsClose CommentsPermalink





`(e) Purchase of Obligations- For the purposes of purchasing obligations under subsection (a), the Secretary of the Treasury may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities may be issued under such chapter are extended to include any purchase of such obligations under this subsection.'.CommentsClose CommentsPermalink





(b) Conforming Amendment-CommentsClose CommentsPermalink





(1) The analysis of chapter 453 is amended--CommentsClose CommentsPermalink





(A) by inserting in the title after `FEES', `AND FINANCING';CommentsClose CommentsPermalink





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





`45305. Air traffic control and related fees.CommentsClose CommentsPermalink





`45306. Certification, registration, and related fees.CommentsClose CommentsPermalink





`45307. Rules of construction.CommentsClose CommentsPermalink





`45308. Borrowing authority.'.CommentsClose CommentsPermalink





(2) The analysis of Part A of subtitle VII is amended by revising the entry for chapter 453 to read as follows:CommentsClose CommentsPermalink

`453. FEES AND FINANCINGCommentsClose CommentsPermalink

--45301 (reserved)'.CommentsClose CommentsPermalink

SEC. 202. CONFORMING AMENDMENTS.

(a) Civil Penalties- Section 46301 is amended--CommentsClose CommentsPermalink





(1) in paragraph (a)(1)(A), by inserting `chapter 453,' before `section 47107(b)'; andCommentsClose CommentsPermalink





(2) in paragraph (a)(5), byCommentsClose CommentsPermalink





(A) striking `or chapter 449' and inserting `chapter 449'; andCommentsClose CommentsPermalink





(B) striking `44907-44909)' and inserting `44907-44909), or chapter 453'.CommentsClose CommentsPermalink





(b) Fees for Overflights, Foreign Services and Services to General Aviation- Effective October 1, 2008, sections 45301 and 45302 are repealed.CommentsClose CommentsPermalink





(c) Administrative Provisions- Effective October 1, 2008, in section 45303--CommentsClose CommentsPermalink





(1) subsections (a), (b) and (c) are repealed; andCommentsClose CommentsPermalink





(2) subsections (d), (e) and (f) are redesignated as (a), (b) and (c) respectively.CommentsClose CommentsPermalink

TITLE III--AIRPORT IMPROVEMENT PROGRAM AMENDMENTS

SEC. 301. REFORM OF PASSENGER FACILITY CHARGE AUTHORITY.

(a) Broadening Eligibility- (1) Section 40117 is amended--CommentsClose CommentsPermalink





(A) in the title, by striking `fees' and inserting `charges';CommentsClose CommentsPermalink





(B) in subsection (a)(3), by striking paragraphs (A) through (G) and inserting:CommentsClose CommentsPermalink





`(A) A project for capital costs of the airport or local airport system under section 47107(b)(1)(A) and (B).CommentsClose CommentsPermalink





`(B) A project for capital costs of a local facility that is directly and substantially related to air transportation of passengers or property and that is available for public use under section 47107(b)(1)(C).';CommentsClose CommentsPermalink





(C) by revising paragraph (a)(4) to read as follows:CommentsClose CommentsPermalink





`(4) INTERMODAL GROUND ACCESS PROJECT- The term `intermodal ground access project' means a local facility that is directly and substantially related to the movement of passengers or property in the form of a fixed guideway system (as defined in section 5302 of this title), that is a component of a fixed guideway system that provides transportation services to the general public or that connects to such a fixed guideway system.';CommentsClose CommentsPermalink





(D) in paragraph (a)(5), by striking `FEE' or `fee' each time it appears and inserting `CHARGE' or `charge', respectively;CommentsClose CommentsPermalink





(E) in paragraph (a)(6), by striking `fee.' and inserting `charge.'.CommentsClose CommentsPermalink





(2) Conforming Amendments- (A) Section 47107(b)(1)(C) is amended to read as follows:CommentsClose CommentsPermalink





`(C) any other local facility that is directly and substantially related to air transportation of passengers or property and that is available for public use.'.CommentsClose CommentsPermalink





(B) Section 47133(a)(3) is amended to read as follows:CommentsClose CommentsPermalink





`(3) any other local facility that is directly and substantially related to air transportation of passengers or property and that is available for public use.'.CommentsClose CommentsPermalink





(b) Increase in PFC Maximum Level- Section 40117(b) is amended--CommentsClose CommentsPermalink





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





(A) by striking `The Secretary of Transportation may authorize under this section an eligible agency to' and inserting `An eligible agency may';CommentsClose CommentsPermalink





(B) by striking `fee' both times it appears and inserting `charge';CommentsClose CommentsPermalink





(C) by striking `or $3' and inserting `$3, $4, $4.50, $5, $6'; andCommentsClose CommentsPermalink





(D) by inserting at the end, `An eligible agency that is approved by the Administrator to participate in the pilot program established under section 44518 of this title may impose a passenger facility charge of $7.';CommentsClose CommentsPermalink





(2) in paragraph (2), by inserting `directly or indirectly' before `regulate';CommentsClose CommentsPermalink





(3) in paragraph (3), by striking `fee' and inserting `charge'; andCommentsClose CommentsPermalink





(4) by striking paragraphs (4), (5) and (6).CommentsClose CommentsPermalink





(c) Passenger Facility Charge Streamlining- Section 40117(c) is revised to read as follows:CommentsClose CommentsPermalink





`(c) Procedural Requirements for Imposition of Passenger Facility Charge- (1) 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 fee program, including the following:CommentsClose CommentsPermalink





`(A) the total amount of program revenue held by the agency at the beginning of the twelve months covered by the report;CommentsClose CommentsPermalink





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





`(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;CommentsClose CommentsPermalink





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





`(E) the level of program revenue the agency plans to collect during the next twelve-month period covered by the report;CommentsClose CommentsPermalink





`(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 copies of any adverse comments received and how the agency responded; andCommentsClose CommentsPermalink





`(G) any other information on the program that the Secretary may require.CommentsClose CommentsPermalink





`(2) Implementation- Subject to the requirements of paragraphs (3) and (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).CommentsClose CommentsPermalink





`(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, or an eligible agency proposing to increase the level of the passenger facility charge to be collected at the airport, must 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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





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





`(iii) a detailed financial plan for the proposed project; andCommentsClose CommentsPermalink





`(iv) the proposed level for the passenger facility charge.CommentsClose CommentsPermalink





`(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 paragraph, the term `significant business interest' means an air carrier or foreign air carrier that--CommentsClose CommentsPermalink





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





`(ii) had at least 25,000 passenger boardings at the airport in the prior calendar year; orCommentsClose CommentsPermalink





`(iii) provides scheduled service at the airport.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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, or an eligible agency proposing to increase the level of the passenger facility charge to be collected, must 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).CommentsClose CommentsPermalink





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





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





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





`(5) Objections- (A) Any interested person may file with the Secretary a written objection to a proposed project or to a proposed increase in the level of a passenger facility charge 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).CommentsClose CommentsPermalink





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





`(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 or at the increased level, based on the filed objection. The Secretary shall state the reasons for any determination. The Secretary may only terminate authority if--CommentsClose CommentsPermalink





`(i) the project is not an eligible airport related project;CommentsClose CommentsPermalink





`(ii) the eligible agency has not complied with the requirements of this section or the Secretary's implementing regulations in proposing the project;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





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





`(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.CommentsClose CommentsPermalink





`(E) Except as provided in paragraph (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).CommentsClose CommentsPermalink





`(6) Approval Requirement for Intermodal Ground Access Project- (A) An eligible agency may not collect or use a passenger facility charge to finance an intermodal ground access project, unless the project is first approved by the Secretary in accordance with this paragraph.CommentsClose CommentsPermalink





`(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. 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).CommentsClose CommentsPermalink





`(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. Such notice and opportunity to comment shall conform to the requirements of paragraphs (3) and (4).CommentsClose CommentsPermalink





`(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 it.'.CommentsClose CommentsPermalink





(d) Conforming Changes- (1) Correction- In subsections (d) through (m) of section 40117, by--CommentsClose CommentsPermalink





(A) striking `fee' or `fees' wherever the terms appear and inserting `charge' or `charges', respectively; andCommentsClose CommentsPermalink





(B) striking `FEE' or `FEES' wherever the terms appear and inserting `CHARGE' or `CHARGES', respectively.CommentsClose CommentsPermalink





(2) Limitations on Approving Applications- Section 40117(d) is amended--CommentsClose CommentsPermalink





(A) in the first sentence, 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';CommentsClose CommentsPermalink





(B) in paragraph (1), by--CommentsClose CommentsPermalink





(i) striking `fee' and inserting `charge'; andCommentsClose CommentsPermalink





(ii) striking `specific';CommentsClose CommentsPermalink





(C) by revising paragraph (2) to read as follows:CommentsClose CommentsPermalink





`(2) the project is an eligible airport-related project; and';CommentsClose CommentsPermalink





(D) in paragraph (3), by striking `each of the specific projects; and' and inserting `the project.'; andCommentsClose CommentsPermalink





(E) by striking paragraph (4).CommentsClose CommentsPermalink





(3) Limitations on Imposing Fees- Section 40117(e)(1) is amended to read as follows:CommentsClose CommentsPermalink





`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.'.CommentsClose CommentsPermalink





(4) Limitations on Contracts, Leases, and Use Agreements- Section 40117(f)(2) is amended--CommentsClose CommentsPermalink





(A) by striking `long-term'; andCommentsClose CommentsPermalink





(B) by striking `Secretary.' and inserting `Secretary, except a project for replacement of baggage conveyor systems and reconfiguration of terminal baggage areas that the Secretary determines are necessary to install bulk explosive detection devices.'.CommentsClose CommentsPermalink





(5) Compliance- Section 40117(h) is amended--CommentsClose CommentsPermalink





(A) by inserting a new paragraph (3) as follows:CommentsClose CommentsPermalink





`(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.'; andCommentsClose CommentsPermalink





(B) by redesignating paragraph (3) as paragraph (4).CommentsClose CommentsPermalink





(6) Pilot Program for PFC at Nonhub Airports- Section 40117(l) is amended--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking `(c)(2)' and inserting `(c)(3)'; andCommentsClose CommentsPermalink





(B) in paragraph (7), by striking `date that is 3 years after the date of issuance of regulations to carry out this subsection.' and inserting `date of issuance of regulations to carry out subsection (c) of this section, as amended by the Next Generation Air Transportation System Financing Reform Act of 2007.'.CommentsClose CommentsPermalink





(7) Prohibition on Approving PFC Applications for Airport Revenue Diversion- Section 47111(e) is amended in the first sentence by striking from `sponsor, and withhold approval of any new application to impose a fee under section 40117.' through the end of the subsection, and inserting `sponsor. A sponsor shall not propose collection or use of passenger facility charges for any new projects under section 40117(c)(3)-(6) unless the Secretary determines that the sponsor has taken corrective action to address the violation and the violation no longer exists.'.CommentsClose CommentsPermalink

SEC. 302. AMENDMENTS TO AIP DEFINITIONS.

Section 47102 is amended--CommentsClose CommentsPermalink





(1) in subsection (3),CommentsClose CommentsPermalink





(A) in clause (B)(iv), by striking `20' and inserting `9'; andCommentsClose CommentsPermalink





(B) 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 of the Code of Federal Regulations.CommentsClose CommentsPermalink





`(N) terminal development subject to the provisions of section 47119.'.CommentsClose CommentsPermalink





(2) by inserting the following new paragraph (8) and redesignating paragraphs (8) through (22) as paragraphs (9) through (23), respectively:CommentsClose CommentsPermalink





`(8) a `general aviation airport' means a public airport in a State that the Secretary determines--CommentsClose CommentsPermalink





`(A) does not have scheduled service; orCommentsClose CommentsPermalink





`(B) has scheduled service with less than 2,500 passenger boardings each year.';CommentsClose CommentsPermalink





(3) by inserting the following new paragraph (24) and redesignating paragraphs (23) through (25) as (25) through (27), respectively:CommentsClose CommentsPermalink





`(24) `revenue producing aeronautical support facilities' means new fuel farms, new hangar buildings, self-service credit card aeronautical fueling systems, airplane wash racks, major rehabilitation of a hangar owned by a sponsor, or other aeronautical support facilities that the Secretary determines will increase the revenue producing ability of the airport.'; andCommentsClose CommentsPermalink





(4) by inserting at the end the following new paragraph (28):CommentsClose CommentsPermalink





`(28) `terminal development' means--CommentsClose CommentsPermalink





`(A) development of an airport passenger terminal building, including terminal gates, access roads servicing exclusively airport traffic that leads directly to or from a terminal building, and walkways that lead directly to or from a terminal building; andCommentsClose CommentsPermalink





`(B) the cost of a vehicle under section 47119(a) of this title.'.CommentsClose CommentsPermalink

SEC. 303. AMENDMENTS TO GRANT ASSURANCES.

Section 47107 is amended--CommentsClose CommentsPermalink





(1) in clause (a)(16)(D)(ii), by striking `made;' 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 the 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.'; andCommentsClose CommentsPermalink





(2) in clause (c)(2)(A)(iii), by striking from `paid to the Secretary' through the end of the clause, and inserting `reinvested in another project at the airport or transferred to another airport as the Secretary prescribes. In approving the reinvestment or transfer of such proceeds, the Secretary shall give preference, in descending order, to the following actions:CommentsClose CommentsPermalink





`(I) reinvestment in an approved noise compatibility project;CommentsClose CommentsPermalink





`(II) reinvestment in an approved project that is eligible for funding under section 47117(e);CommentsClose CommentsPermalink





`(III) reinvestment in an airport development project that is eligible for funding under sections 47114, 47115 or 47117 and meets the requirements of this chapter;CommentsClose CommentsPermalink





`(IV) transfer to another sponsor of another public airport to be reinvested in an approved noise compatibility project at such airport; andCommentsClose CommentsPermalink





`(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);'.CommentsClose CommentsPermalink

SEC. 304. GOVERNMENT SHARE OF PROJECT COSTS.

Section 47109 is amended--CommentsClose CommentsPermalink





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





(A) by striking `subsection (b) or subsection (c)' and inserting `subsections (b), (c) or (e)';CommentsClose CommentsPermalink





(B) by striking `is--' and inserting `may not exceed--';CommentsClose CommentsPermalink





(C) by striking paragraphs (1) and (2) and adding the following new paragraphs:CommentsClose CommentsPermalink





`(1) 50 percent for an airfield pavement rehabilitation project for runways, taxiways or aircraft aprons at a large hub or medium hub primary airport, as defined in section 47102;CommentsClose CommentsPermalink





`(2) 75 percent for other approved airport development projects at a large hub or medium hub primary airport, as defined in section 47102;CommentsClose CommentsPermalink





`(3) 95 percent for a project funded by a grant issued to a nonprimary airport that is not apportioned funds under section 47114 of this title;';CommentsClose CommentsPermalink





(D) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6); andCommentsClose CommentsPermalink





(2) in subsection (f), by striking `47118(f)' and inserting `47118(e)'; andCommentsClose CommentsPermalink





(3) 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 primary airport changes to a medium hub primary airport, the United States Government's share of allowable project costs for the airport may not exceed 90 percent for two fiscal years following such change in hub status.'.CommentsClose CommentsPermalink

SEC. 305. AMENDMENTS TO ALLOWABLE COSTS.

Section 47110 is amended--CommentsClose CommentsPermalink





(1) by revising subsection (d) 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 is 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.'; andCommentsClose CommentsPermalink





(2) in subsection (h) by striking `facilities, including fuel farms and hangars,' and inserting `facilities, as defined by section 47102,'.CommentsClose CommentsPermalink

SEC. 306. SIMPLIFICATION AND REFORM OF APPORTIONMENT FORMULAS.

Section 47114 is amended--CommentsClose CommentsPermalink





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





(A) in subparagraph (A), by striking `primary airport' and inserting `small hub and nonhub primary airport';CommentsClose CommentsPermalink





(B) in clause (A)(i), by striking `$7.80' and inserting `$15.60';CommentsClose CommentsPermalink





(C) in clause (A)(ii), by striking `$5.20' and inserting `$10.40';CommentsClose CommentsPermalink





(D) in clause (A)(iii), by striking `$2.60' and inserting `$5.20';CommentsClose CommentsPermalink





(E) in clause (A)(iv), by striking `$.65' and inserting `$1.30';CommentsClose CommentsPermalink





(F) in clause (A)(v), by striking `$.50' and inserting `$1.00';CommentsClose CommentsPermalink





(G) in subparagraph (B), by striking `$650,000' and all that follows through the end of the sentence and inserting `$1,000,000 nor more than $26,000,000 may be apportioned under subparagraph (A) of this paragraph to an airport sponsor of each large hub and medium hub primary airport for fiscal years 2008 and 2009, and to each airport sponsor for a small hub and nonhub primary airport for each fiscal year.'CommentsClose CommentsPermalink





(H) by amending subparagraph (C) to read as follows:CommentsClose CommentsPermalink





`(C) TRANSITIONAL RULE FOR LARGE AND MEDIUM HUB AIRPORTS- In fiscal years 2008 and 2009, the Secretary shall apportion to each large and medium hub airport an amount equal to 50 percent of the amount that is calculated using the formulas set forth in subparagraph (A).';CommentsClose CommentsPermalink





(I) in subparagraph (D), by striking `(B) or (C), as appropriate,' and inserting `(B)'; andCommentsClose CommentsPermalink





(J) by striking subparagraph (F) and redesignating subparagraph (G) as subparagraph (F);CommentsClose CommentsPermalink





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





(A) in subparagraph (A), by striking `(D),' and inserting `(C),'; andCommentsClose CommentsPermalink





(B) by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as (C) and (D), respectively;CommentsClose CommentsPermalink





(3) in subsection (d)--CommentsClose CommentsPermalink





(A) in subparagraph (2), by--CommentsClose CommentsPermalink





(i) striking `18.5 percent' and inserting `10 percent'; andCommentsClose CommentsPermalink





(ii) adding a new subparagraph at the end as follows:CommentsClose CommentsPermalink





`(D) MINIMUM APPORTIONMENT- In any fiscal year in which the total amount made available for apportionment under this subsection is less than $300,000,000, the Secretary shall reduce, on a prorated basis, the amount to be apportioned under subparagraph (d)(3)(A) of this section, and make such reduction available to be apportioned under this subsection, so as to meet a minimum apportionment of $300,000,000.'; andCommentsClose CommentsPermalink





(B) by revising paragraph (3) to read as follows:CommentsClose CommentsPermalink





`(3) NONPRIMARY AIRPORTS- Except as provided in subsection (2)(D), the Secretary shall each fiscal year apportion--CommentsClose CommentsPermalink





`(A) to each airport, excluding primary airports but including reliever and nonprimary commercial service airports-CommentsClose CommentsPermalink





`(i) $400,000 to each airport that is either a nonprimary commercial service airport or a reliever or that is a nonprimary airport having 100 or more operational registered based aircraft;CommentsClose CommentsPermalink





`(ii) $200,000 to each airport that is a nonprimary airport (other than a nonprimary commercial service or reliever airport), having 50 and 99 operational registered based aircraft, or three or more operational registered based jet aircraft; andCommentsClose CommentsPermalink





`(iii) $100,000 to each airport that is a nonprimary airport (other than a nonprimary commercial service airport or a reliever airport), and has 10 to 49 operational, registered based aircraft.CommentsClose CommentsPermalink





`(B) For purposes of subparagraph (A), the terms `operational registered based aircraft' or `operational registered based jet aircraft' shall be as defined in the Federal Aviation Administration's National Flight Data Center Airport Data Base or in a comparable, updated agency database.';CommentsClose CommentsPermalink





(4) subsection (e) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (1)(B), by inserting `twice' before `the minimum'; andCommentsClose CommentsPermalink





(B) by striking paragraph (4);CommentsClose CommentsPermalink





(5) in subsection (f)(1)--CommentsClose CommentsPermalink





(A) by striking `in a fiscal year to the sponsor of an airport having at least .25 percent of the total number of boardings each year in the United States' and inserting `in fiscal years 2008 and 2009 to a sponsor of a large hub or medium hub airport';CommentsClose CommentsPermalink





(B) in subparagraph (B), by striking `$3.00,' and inserting `$3.00, but not more than $4.50,';CommentsClose CommentsPermalink





(C) by adding a new subparagraph at the end as follows:CommentsClose CommentsPermalink





`(C) in the case of a passenger facility charge of more than $4.50, 100 percent of the projected revenues from the charge in the fiscal year but not by more than 100 percent of the amount that otherwise would be apportioned under this section.'; andCommentsClose CommentsPermalink





(D) by striking `fee' each place it appears and inserting `charge';CommentsClose CommentsPermalink





(6) in subsection (f)(2), by striking `fee' each time it appears and inserting `charge'; andCommentsClose CommentsPermalink





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





`(g) Environmental Set-Aside- (1) The Secretary may apportion at least 8 percent of the amount subject to apportionment for each fiscal year for grants for--CommentsClose CommentsPermalink





`(A) airport noise compatibility planning under section 47505(a)(2);CommentsClose CommentsPermalink





`(B) carrying out noise compatibility programs under section 47504(c);CommentsClose CommentsPermalink





`(C) noise mitigation projects approved in an environmental record of decision for an airport development project under this title;CommentsClose CommentsPermalink





`(D) for compatible land use planning projects carried out by State and local governments under section 47141;CommentsClose CommentsPermalink





`(E) for airport development described in section 47102(3)(F), 47102(3)(K) or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.);CommentsClose CommentsPermalink





`(F) for water quality mitigation projects to comply with the Clean Water Act (33 U.S.C. 1251 et seq.) approved in an environmental record of decision for an airport development project under this title; andCommentsClose CommentsPermalink





`(G) for carrying out an environmental mitigation demonstration project under section 47143 of this title.CommentsClose CommentsPermalink





`(2) The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 8 percent requirement is being met in that fiscal year.'.CommentsClose CommentsPermalink

SEC. 307. MINIMUM AMOUNT FOR THE DISCRETIONARY FUND.

Section 47115(g)(1) is amended by striking from `sum of--' through the end of clause (B) and inserting `sum of $520,000,000.'.CommentsClose CommentsPermalink

SEC. 308. FUNDING OF SPACE TRANSPORTATION INFRASTRUCTURE GRANTS PROGRAM.

Section 47115 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(k) Funding of Space Transportation Infrastructure Matching Grants- Notwithstanding any other provision of this chapter, from amounts made available under this section, the Secretary may issue a grant for a project under section 70301 of this title, provided that, in issuing such a grant, the Secretary shall follow the provisions of chapter 703 of this title. Not more than $10,000,000 per fiscal year shall be available for grants under this subsection.'.CommentsClose CommentsPermalink

SEC. 309. REPEAL OF SMALL AIRPORT FUND.

Section 47116 is repealed.CommentsClose CommentsPermalink

SEC. 310. CREATION OF NEW SMALL AIRPORT SET-ASIDE, AND REPEAL OF THE MILITARY AND RELIEVER AIRPORT SET-ASIDES.

Section 47117(e) is amended to read as follows:CommentsClose CommentsPermalink





`(e) Small Airport Set-Aside- Each fiscal year, the Secretary shall provide at least 20 percent of the amount available to the discretionary fund under section 47115 of this title to sponsors of small hub airports, nonhub airports, nonprimary commercial service airports, reliever airports or general aviation airports, for any purpose for which amounts are made available under section 48103. An airport in a State participating in the State block grant program under section 47128 may receive a grant under this section to the same extent the airport may receive a grant if the State were not participating in such program.'.CommentsClose CommentsPermalink

SEC. 311. MILITARY AIRPORT PROGRAM.

Section 47118 is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking `section 47117(e)(1)(B)' and inserting `sections 47114(c)(1), (c)(2) and (d), 47115, or 47117(e)';CommentsClose CommentsPermalink





(2) by striking subsection (c) and redesignating subsections (d) through (g) as (c) through (f) respectively?];CommentsClose CommentsPermalink





(3) in subsection (c), as redesignated, by striking `section 47117(d)(1)(B) of this title' and inserting `sections 47114, 47115 or 47117 of this title for projects at airports designated under this section';CommentsClose CommentsPermalink





(4) in subsection (d), as redesignated, by striking `section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter,' and inserting `sections 47114, 47115 or 47117, $7,000,000 for each fiscal year,';CommentsClose CommentsPermalink





(5) in subsection (e), as redesignated--CommentsClose CommentsPermalink





(A) by striking `(1) CONSTRUCTION- From' and inserting `From';CommentsClose CommentsPermalink





(B) by striking `section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter,' and inserting `sections 47114, 47115 or 47117, $7,000,000 for each fiscal year,'; andCommentsClose CommentsPermalink





(C) by striking paragraph (2); andCommentsClose CommentsPermalink





(6) in subparagraph (f), as redesignated, by striking `one' and inserting `up to three'.CommentsClose CommentsPermalink

SEC. 312. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.

Section 47133(b) is amended--CommentsClose CommentsPermalink





(1) by striking `apply if' and inserting: `apply--(1) if';CommentsClose CommentsPermalink





(2) by striking `operator.' and inserting `operator; and'; andCommentsClose CommentsPermalink





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





`(2) in the case of a privately owned airport, 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 title for the public sponsor's acquisition; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) This subsection shall apply to grants issued on or after October 1, 1996.'.CommentsClose CommentsPermalink

SEC. 313. SUNSET OF AIRPORT SECURITY PROGRAM.

Section 47137 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(h) Sunset- This section shall not be in effect after September 30, 2008.'.CommentsClose CommentsPermalink

SEC. 314. SUNSET OF PILOT PROGRAM FOR PURCHASE OF AIRPORT DEVELOPMENT RIGHTS.

Section 47138 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(f) Sunset- This section shall not be in effect after September 30, 2007.'.CommentsClose CommentsPermalink

SEC. 315. EXTENSION OF GRANT AUTHORITY FOR COMPATIBLE LAND USE PLANNING AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.

Section 47141(f) is amended by striking `September 30, 2007.' and inserting `September 30, 2010.'.CommentsClose CommentsPermalink

SEC. 316. MIDWAY ISLAND AIRPORT.

Section 186(d) of the Vision 100--Century of Aviation Reauthorization Act (Public Law No. 108-176, 117 Stat. 2490, 2518) is amended by striking `October 1, 2007' and inserting `October 1, 2010'.CommentsClose CommentsPermalink

SEC. 317. PILOT PROGRAM FOR AIRPORT TAKEOVER OF AIR NAVIGATION FACILITIES.

(a) In General- Chapter 445 is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 44518. Pilot program for airport takeover of terminal area air navigation equipment

`(a) In General- Subject to the requirements of this section, the Administrator of the Federal Aviation Administrator may carry out a pilot program under which the Administrator may transfer ownership, operating and maintenance responsibilities for airport terminal area air navigation equipment to sponsors of not more than 10 medium or large hub airports.CommentsClose CommentsPermalink





`(b) Terms and Conditions of Transfer for Airport Sponsors- As a condition of participating in this pilot program the sponsor shall agree that the sponsor will--CommentsClose CommentsPermalink





`(1) operate and maintain all of the air navigation equipment that is subject to this section at the airport in accordance with standards established by the Administrator;CommentsClose CommentsPermalink





`(2) permit the Administrator or a person designated by the Administrator to conduct inspections of the air navigation equipment under a schedule established by the Administrator; andCommentsClose CommentsPermalink





`(3) acquire and maintain new air navigation equipment as needed to replace facilities that have to be replaced at the end of their useful life or to meet new standards established by the Administrator.CommentsClose CommentsPermalink





`(c) Terms and Conditions of Transfer for the Administrator- When the Administrator approves a sponsor's participation in this pilot program, the Administrator shall--CommentsClose CommentsPermalink





`(1) transfer, at no cost to the sponsor, the title and ownership of the air navigation equipment facilities approved for transfer under this program; andCommentsClose CommentsPermalink





`(2) transfer, at no cost to the sponsor, the government's property interest in the land on which the air navigation facilities transferred under subsection (1) are located.CommentsClose CommentsPermalink





`(d) Treatment of Airport Costs Under Pilot Program- Upon transfer by the Administrator, any costs incurred by the airport for ownership and maintenance of the equipment transferred under this section shall be considered a cost of providing airfield facilities and services under standards and guidelines issued by the Secretary under section 47129(b)(2) and may be recovered in rates and charges assessed for use of the airfield.CommentsClose CommentsPermalink





`(e) Special Passenger Facility Charge Authority- Notwithstanding the maximum amount for a passenger facility charge provided under section 40117(b)(1), a participating sponsor in the pilot program under this section is authorized to impose a passenger facility charge of $7 provided that the sponsor meets the otherwise applicable requirements of section 40117.CommentsClose CommentsPermalink





`(f) Definitions- In this section--CommentsClose CommentsPermalink





`(1) `large hub airport' and `medium hub airport' shall have the meaning set forth in section 40102;CommentsClose CommentsPermalink





`(2) `sponsor' shall have the same meaning as in section 47102;CommentsClose CommentsPermalink





`(3) `terminal area air navigation equipment' means an air navigation facility under section 40102, other than buildings used for air traffic control functions, that exists to provide approach and landing guidance to aircraft.CommentsClose CommentsPermalink





`(g) Guidelines- The Administrator shall issue advisory guidelines on the implementation of the program. The guidelines shall not be subject to administrative rulemaking requirements under subchapter II of chapter 5 of title 5.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The analysis of chapter 445 is amended by inserting at the end:CommentsClose CommentsPermalink





`44518. Pilot program for airport takeover of terminal area air navigation equipment.'.CommentsClose CommentsPermalink

SEC. 318. ADS-B SUPPORT PILOT PROGRAM.

(a) In General- Chapter 445 is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 44519. ADS-B support pilot program

`(a) In General- The Secretary may carry out a pilot program to support non-Federal acquisition of National Airspace System (NAS) compliant Automatic Dependant Surveillance--Broadcast (ADS-B) ground stations if--CommentsClose CommentsPermalink





`(1) the Secretary determines that acquisition of the ground stations benefits the improvement of safety or capacity in the National Airspace System;CommentsClose CommentsPermalink





`(2) the ground stations provide the required transmit and receive data formats consistent with the National Airspace System architecture at the appropriate service delivery point; andCommentsClose CommentsPermalink





`(3) the ground stations acquired under this program are supplemental to ground stations established under programs administered by the Administrator of the Federal Aviation Administration.CommentsClose CommentsPermalink





`(b) Project Grants- (1) For purposes of carrying out this pilot program and notwithstanding the requirements of section 47114(d), the Secretary may make a project grant out of funds apportioned under section 47114(d)(2) to not more than ten eligible sponsors to acquire and install ADS-B ground stations in order to serve any public-use airport.CommentsClose CommentsPermalink





`(2) The Secretary shall establish procurement procedures applicable to grants issued under this section. The procedures shall permit the sponsor to carry out the project using Federal Aviation Administration contracts. The procedures established by the Secretary may provide for the direct reimbursement (including administrative costs) of the Administrator by the sponsor using grant funds under this section, for the ordering of such equipment and its installation, or for the direct ordering of such equipment and its installation by the sponsor, using such grant funds, from the suppliers with which the Administrator has contracted.CommentsClose CommentsPermalink





`(c) Matching Requirement- The amount of a grant to an eligible sponsor under subsection (b) may not exceed 90 percent of the costs of the acquisition and installation of the ground support equipment.CommentsClose CommentsPermalink





`(d) Definitions- In this section--CommentsClose CommentsPermalink





`(1) `ADS-B ground station' means electronic equipment that provides for ADS-B reception and broadcast services.CommentsClose CommentsPermalink





`(2) `eligible sponsor' means a state, a metropolitan planning organization in the area where the project is located, or any consortium of two or more state or local governments meeting the definition of a sponsor under section 47102 of this title.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The analysis of chapter 445 is amended by inserting at the end:CommentsClose CommentsPermalink





`44519. ADS-B support pilot program.'.CommentsClose CommentsPermalink

SEC. 319. AIP ELIGIBILITY FOR METROPOLITAN WASHINGTON AIRPORTS AUTHORITY.

Section 49108 is amended by striking `October 1, 2008,' and inserting `October 1, 2010'.CommentsClose CommentsPermalink

SEC. 320. MISCELLANEOUS AMENDMENTS.

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





(1) in subsection (a), by striking `each airport to--' and inserting `the airport system to--';CommentsClose CommentsPermalink





(2) in subsection (a)(1), by striking `system in the particular area;' and inserting `system, including connection to the surface transportation network; and';CommentsClose CommentsPermalink





(3) in subsection (a)(2), by striking `aeronautics; and' and inserting `aeronautics.';CommentsClose CommentsPermalink





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





(5) by striking subsection (b)(2) and redesignating (b)(3) as (b)(2);CommentsClose CommentsPermalink





(6) in subsection (b)(2), as redesignated, by striking `operations, Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations,' and inserting `operations'; andCommentsClose CommentsPermalink





(7) in subsection (d), by striking `status of the'.CommentsClose CommentsPermalink





(b) Conforming Change to Project Grant Agreements- Section 47108(e)(3) is amended by striking `and the small airport fund'.CommentsClose CommentsPermalink





(c) Update Veterans Preference Definition- Section 47112(c) is amended--CommentsClose CommentsPermalink





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





(A) in subparagraph (B), by striking `separated from' and inserting `discharged or released from active duty in'; andCommentsClose CommentsPermalink





(B) inserting 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 in the armed forces for a period of more than 180 consecutive days, any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last date of Operation Iraqi Freedom.'; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking `veterans and' and inserting `veterans, Afghanistan-Iraq war veterans, and'.CommentsClose CommentsPermalink





(d) Consolidation of Terminal Development Provisions- Section 47119 is amended--CommentsClose CommentsPermalink





(1) redesignating subsections (a), (b), (c) and (d) as subsections (b), (c), (d) and (e) respectively, and by inserting a new subsection (a) as follows:CommentsClose CommentsPermalink





`(a) In General- (1) The Secretary 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 of this title;CommentsClose CommentsPermalink





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





`(iii) provided for access, to the area of the airport for passengers for boarding or exiting aircraft, to those passengers boarding or exiting aircraft, except 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) In making a decision under paragraph (1) of this subsection, the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction, reconstruction, 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





(2) in subsection (b), as redesignated--CommentsClose CommentsPermalink





(A) in paragraph (4)(A), by striking `section 47110(d)' and inserting `subsection (a)'; andCommentsClose CommentsPermalink





(B) in paragraph (5), by striking `subsection (b)(1) and (2)' and inserting `subsection (c)(1) and (2)'; andCommentsClose CommentsPermalink





(3) by inserting at the end the following new subsections: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 of this title for terminal development projects at a nonhub airport or a small hub primary airport that is eligible to receive discretionary funds under section 47108(e)(3) of this title.'.CommentsClose CommentsPermalink





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





(1) by striking `April 1' and inserting `June 1'; andCommentsClose CommentsPermalink





(2) by revising paragraphs (1), (2), (3) and (4) to read as follows: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





(f) Correction 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),';CommentsClose CommentsPermalink





(B) by striking `47102(3)(L), or 47140' and inserting `or 47102(3)(L),';CommentsClose CommentsPermalink





(C) by striking `47103(3)(F),';CommentsClose CommentsPermalink





(D) by striking `47102(3)(L), or 47140,' and inserting `or `47102(3)(L),'.CommentsClose CommentsPermalink





(g) Repeal of Airport Ground Support Equipment Emissions Retrofit Pilot Program- Section 47140 is repealed.CommentsClose CommentsPermalink





(h) 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 U.S.C. 2687 note)'.CommentsClose CommentsPermalink





(i) Airport Capacity Benchmark Reports; Definition of Joint Use Airport- Section 47175 is amended--CommentsClose CommentsPermalink





(1) in paragraph (2), by striking `Airport Capacity Benchmark Report 2001.' and inserting `2001 and 2004 Airport Capacity Benchmark Reports or of the most recent Benchmark report.'; andCommentsClose CommentsPermalink





(2) by adding at the end:CommentsClose CommentsPermalink





`(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 airfield.'.CommentsClose CommentsPermalink





(j) Conforming Amendment to Civil Penalty Assessment Authority- Section 46301(d)(2) is amended by striking `46318,' and inserting `46318, 46319'.CommentsClose CommentsPermalink





(k) Funding for Administrative Expenses for Airport Programs- (1) Section 48105 is amended to read as follows:CommentsClose CommentsPermalink

`Sec. 48105. Airport programs administrative expenses

`Of the amount newly made available, the following shall be available for administrative expenses relating to the Airport Improvement Program, passenger facility fee 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--CommentsClose CommentsPermalink





`(1) for fiscal year 2008, $80,676,000;CommentsClose CommentsPermalink





`(2) for fiscal year 2009, $85,000,000; andCommentsClose CommentsPermalink





`(3) for fiscal year 2010, $89,000,000.'.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- The analysis of chapter 481 is amended by revising the title for section 48105 to read as follows:CommentsClose CommentsPermalink





`48105. Airport programs administrative expenses.'.CommentsClose CommentsPermalink

TITLE IV--MANAGEMENT AND ORGANIZATION REFORMS

SEC. 401. AIR TRANSPORTATION SYSTEM ADVISORY BOARD.

Section 106 is amended by striking subsection (p) and inserting in lieu thereof the following:CommentsClose CommentsPermalink





`(p) Air Transportation System Advisory Board-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- The Secretary shall establish an Advisory Board which shall be known as the Air Transportation System Advisory Board (in this subsection referred to as the `Board').CommentsClose CommentsPermalink





`(2) MEMBERSHIP- The Board shall be comprised of 13 members, who shall consist of--CommentsClose CommentsPermalink





`(A) the Administrator of the Federal Aviation Administration and a representative from the Department of Defense;CommentsClose CommentsPermalink





`(B) three members who shall have a fiduciary responsibility to represent the public interest; andCommentsClose CommentsPermalink





`(C) eight members representing aviation interests:CommentsClose CommentsPermalink





`(i) one representative of the airport community;CommentsClose CommentsPermalink





`(ii) one representative each of major air carriers (Carrier Group I), national air carriers (Carrier Group II), and the regional air carriers (Carrier Group III), as previously defined by the Secretary of Transportation under section 4, part 241 of title 49 of the Code of Federal Regulations;CommentsClose CommentsPermalink





`(iii) one representative of the cargo airlines;CommentsClose CommentsPermalink





`(iv) one representative of the general aviation community;CommentsClose CommentsPermalink





`(v) one representative of the business aviation community; andCommentsClose CommentsPermalink





`(vi) one representative of the aviation manufacturing community.CommentsClose CommentsPermalink





`(3) Appointment and qualifications-CommentsClose CommentsPermalink





`(A) Members of the Board appointed under paragraphs (2)(B) and (2)(C) shall be appointed by the Secretary and shall not be considered to be employees of the Federal Government.CommentsClose CommentsPermalink





`(B) Members of the Board appointed under paragraph (2)(B) shall be citizens of the United States, and it is recommended that they 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 the following areas:CommentsClose CommentsPermalink





`(i) management of large service organizations;CommentsClose CommentsPermalink





`(ii) customer service;CommentsClose CommentsPermalink





`(iii) management of large procurements;CommentsClose CommentsPermalink





`(iv) information and communications technology;CommentsClose CommentsPermalink





`(v) organizational development; andCommentsClose CommentsPermalink





`(vi) labor relations.CommentsClose CommentsPermalink





`(4) Functions-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Board shall--CommentsClose CommentsPermalink





`(i) review and provide advice on the Administration's safety programs, budget, and cost accounting system;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





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





`(iv) review and make recommendations on the Administration's plan for modernizing that system and capital expenditures for a project of $100,000,000 or more related to the system;CommentsClose CommentsPermalink





`(v) make recommendations of the type and level of fees to be established by the Administration under sections 45305 and 45306 and for any adjustments to those fees in accordance with the procedures established under those sections; andCommentsClose CommentsPermalink





`(vi) provide advice on the Administrator's selection of a Chief Operating Officer for the Air Traffic Organization and on the appointment and compensation of its managers.CommentsClose CommentsPermalink





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





`(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 (commonly known as the `Freedom of Information Act'), 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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(6) Administrative matters-CommentsClose CommentsPermalink





`(A) TERMS OF MEMBERS- Members of the Board appointed under paragraphs (2)(B) and (2)(C) shall be appointed for a term of 3 years. Of the members first appointed by the Secretary--CommentsClose CommentsPermalink





`(i) 3 shall be appointed for terms of 1 year;CommentsClose CommentsPermalink





`(ii) 4 shall be appointed for terms of 2 years;CommentsClose CommentsPermalink





`(iii) 4 shall be appointed for terms of 3 years.CommentsClose CommentsPermalink





`(B) REAPPOINTMENT- No individual may be appointed to the Board for more than six years total.CommentsClose CommentsPermalink





`(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 the remainder of that term.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(E) REMOVAL- Any member of the Board appointed under paragraph (2)(B) or (2)(C) may be removed by the Secretary.CommentsClose CommentsPermalink





`(F) Claims against members of the board-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(ii) EFFECT ON OTHER LAW- This subparagraph shall not be construed--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(II) to affect any other right or remedy against the United States under applicable law; orCommentsClose CommentsPermalink





(III) to limit or alter in any way the immunities that are available under applicable law for Federal officers and employees.CommentsClose CommentsPermalink





`(G) ETHICAL CONSIDERATIONS- Each member of the Board appointed under paragraph (2)(B) must self-certify that he or she--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(ii) does not engage in another business related to aviation or aeronautics; orCommentsClose CommentsPermalink





`(iii) is not a member of any organization that engages, as a substantial part of its activities, in activities to influence aviation-related legislation.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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, United States Code (Federal Employees' Compensation Act) and except as provided under subparagraph (J).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(K) DETAIL OF PERSONNEL FROM THE ADMINISTRATION- The Administrator shall make available to the Board such staff, information, and administrative services and assistance as may reasonably be required to enable the Board to carry out its responsibilities under this subsection.CommentsClose CommentsPermalink





`(L) QUORUM AND VOTING- A simple majority of members of the Board shall constitute a quorum. A majority vote of members present and voting shall be required for the Committee to take action.CommentsClose CommentsPermalink





`(7) ROLE OF THE ADMINISTRATOR AND THE SECRETARY- All actions and functions of the Board are subject to the approval or disapproval of the Administrator and the Secretary.CommentsClose CommentsPermalink





`(8) AIR TRAFFIC CONTROL SYSTEM DEFINED- In this section, the term `air traffic control system' has the meaning such term has under section 40102(a).'.CommentsClose CommentsPermalink