Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	29,634	n/a	n/a
Reported in House	31,408	106	9%
Engrossed in House	47,654	177	46%
Placed on Calendar Senate	49,033	8 Show Changes Hide Changes	0%

Display Version Introduced in House Reported in House Engrossed in House Placed on Calendar Senate

HR 2881 EHPCSCommentsClose CommentsPermalink

110th CONGRESS 1st Session H. R. 2881 AN ACT

To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2008 through 2011, to improve aviation safety and capacity, to provide stable 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 `FAA Reauthorization Act of 2007'.CommentsClose CommentsPermalink





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





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





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





Sec. 3. Effective date.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATIONS

Subtitle A--Funding of FAA Programs

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





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





Sec. 103. FAA operations.CommentsClose CommentsPermalink





Sec. 104. Research, engineering, and development.CommentsClose CommentsPermalink





Sec. 105. Funding for aviation programs.CommentsClose CommentsPermalink

Subtitle B--Passenger Facility Charges

Sec. 111. PFC authority.CommentsClose CommentsPermalink





Sec. 112. PFC eligibility for bicycle storage.CommentsClose CommentsPermalink





Sec. 113. Noise compatibility projects.CommentsClose CommentsPermalink





Sec. 114. Intermodal ground access project pilot program.CommentsClose CommentsPermalink





Sec. 115. Impacts on airports of accommodating connecting passengers.CommentsClose CommentsPermalink

Subtitle C--Fees for FAA Services

Sec. 121. Update on overflights.CommentsClose CommentsPermalink





Sec. 122. Registration fees.CommentsClose CommentsPermalink

Subtitle D--AIP Modifications

Sec. 131. Amendments to AIP definitions.CommentsClose CommentsPermalink





Sec. 132. Amendments to grant assurances.CommentsClose CommentsPermalink





Sec. 133. Government share of project costs.CommentsClose CommentsPermalink





Sec. 134. Amendments to allowable costs.CommentsClose CommentsPermalink





Sec. 135. Uniform certification training for airport concessions under disadvantaged business enterprise program.CommentsClose CommentsPermalink





Sec. 136. Preference for small business concerns owned and controlled by disabled veterans.CommentsClose CommentsPermalink





Sec. 137. Calculation of State apportionment fund.CommentsClose CommentsPermalink





Sec. 138. Reducing apportionments.CommentsClose CommentsPermalink





Sec. 139. Minimum amount for discretionary fund.CommentsClose CommentsPermalink





Sec. 140. Marshall Islands, Micronesia, and Palau.CommentsClose CommentsPermalink





Sec. 141. Use of apportioned amounts.CommentsClose CommentsPermalink





Sec. 142. Sale of private airport to public sponsor.CommentsClose CommentsPermalink





Sec. 143. Airport privatization pilot program.CommentsClose CommentsPermalink





Sec. 144. Airport security program.CommentsClose CommentsPermalink





Sec. 145. Sunset of pilot program for purchase of airport development rights.CommentsClose CommentsPermalink





Sec. 146. Extension of grant authority for compatible land use planning and projects by State and local governments.CommentsClose CommentsPermalink





Sec. 147. Repeal of limitations on Metropolitan Washington Airports Authority.CommentsClose CommentsPermalink





Sec. 148. Midway Island Airport.CommentsClose CommentsPermalink





Sec. 149. Puerto Rico minimum guarantee.CommentsClose CommentsPermalink





Sec. 150. Miscellaneous amendments.CommentsClose CommentsPermalink

TITLE II--NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL MODERNIZATION

Sec. 201. Mission statement; sense of Congress.CommentsClose CommentsPermalink





Sec. 202. Next generation air transportation system joint planning and development office.CommentsClose CommentsPermalink





Sec. 203. Next Generation Air Transportation Senior Policy Committee.CommentsClose CommentsPermalink





Sec. 204. Automatic dependent surveillance-broadcast services.CommentsClose CommentsPermalink





Sec. 205. Inclusion of stakeholders in air traffic control modernization projects.CommentsClose CommentsPermalink





Sec. 206. GAO review of challenges associated with transforming to the Next Generation Air Transportation System.CommentsClose CommentsPermalink





Sec. 207. GAO review of Next Generation Air Transportation System acquisition and procedures development.CommentsClose CommentsPermalink





Sec. 208. DOT inspector general review of operational and approach procedures by a third party.CommentsClose CommentsPermalink





Sec. 209. Expert review of enterprise architecture for Next Generation Air Transportation System.CommentsClose CommentsPermalink





Sec. 210. NEXTGEN technology testbed.CommentsClose CommentsPermalink





Sec. 211. Clarification of authority to enter into reimbursable agreements.CommentsClose CommentsPermalink





Sec. 212. Definition of air navigation facility.CommentsClose CommentsPermalink





Sec. 213. Improved management of property inventory.CommentsClose CommentsPermalink





Sec. 214. Clarification to acquisition reform authority.CommentsClose CommentsPermalink





Sec. 215. Assistance to foreign aviation authorities.CommentsClose CommentsPermalink





Sec. 216. Front line manager staffing.CommentsClose CommentsPermalink





Sec. 217. Flight service stations.CommentsClose CommentsPermalink





Sec. 218. NextGen Research and Development Center of Excellence.CommentsClose CommentsPermalink





Sec. 219. Airspace redesign.CommentsClose CommentsPermalink

TITLE III--SAFETY

Subtitle A--General Provisions

Sec. 301. Age standards for pilots.CommentsClose CommentsPermalink





Sec. 302. Judicial review of denial of airman certificates.CommentsClose CommentsPermalink





Sec. 303. Release of data relating to abandoned type certificates and supplemental type certificates.CommentsClose CommentsPermalink





Sec. 304. Inspection of foreign repair stations.CommentsClose CommentsPermalink





Sec. 305. Runway safety.CommentsClose CommentsPermalink





Sec. 306. Improved pilot licenses.CommentsClose CommentsPermalink





Sec. 307. Aircraft fuel tank safety improvement.CommentsClose CommentsPermalink





Sec. 308. Flight crew fatigue.CommentsClose CommentsPermalink





Sec. 309. Occupational safety and health standards for flight attendants on board aircraft.CommentsClose CommentsPermalink





Sec. 310. Aircraft surveillance in mountainous areas.CommentsClose CommentsPermalink





Sec. 311. Off-airport, low-altitude aircraft weather observation technology.CommentsClose CommentsPermalink





Sec. 312. Noncertificated maintenance providers.CommentsClose CommentsPermalink





Sec. 313. Aircraft rescue and firefighting standards.CommentsClose CommentsPermalink

Subtitle B--Unmanned Aircraft Systems

Sec. 321. Commercial unmanned aircraft systems integration plan.CommentsClose CommentsPermalink





Sec. 322. Special rules for certain unmanned aircraft systems.CommentsClose CommentsPermalink





Sec. 323. Public unmanned aircraft systems.CommentsClose CommentsPermalink





Sec. 324. Definitions.CommentsClose CommentsPermalink

TITLE IV--AIR SERVICE IMPROVEMENTS

Sec. 401. Monthly air carrier reports.CommentsClose CommentsPermalink





Sec. 402. Flight operations at Reagan National Airport.CommentsClose CommentsPermalink





Sec. 403. EAS contract guidelines.CommentsClose CommentsPermalink





Sec. 404. Essential air service reform.CommentsClose CommentsPermalink





Sec. 405. Small community air service.CommentsClose CommentsPermalink





Sec. 406. Air passenger service improvements.CommentsClose CommentsPermalink





Sec. 407. Contents of competition plans.CommentsClose CommentsPermalink





Sec. 408. Extension of competitive access reports.CommentsClose CommentsPermalink





Sec. 409. Contract tower program.CommentsClose CommentsPermalink





Sec. 410. Airfares for members of the Armed Forces.CommentsClose CommentsPermalink





Sec. 411. Medical oxygen and portable respiratory assistive devices.CommentsClose CommentsPermalink





Sec. 412. Repeal of essential air service local participation program.CommentsClose CommentsPermalink





Sec. 413. GAO study of essential air service subsidy cap.CommentsClose CommentsPermalink





Sec. 414. Notice to communities prior to termination of eligibility for subsidized essential air service.CommentsClose CommentsPermalink





Sec. 415. Restoration of eligibility to a place determined by the Secretary to be ineligible for subsidized essential air service.CommentsClose CommentsPermalink





Sec. 416. Office of Rural Aviation.CommentsClose CommentsPermalink





Sec. 417. Adjustments to compensation for significantly increased costs.CommentsClose CommentsPermalink





Sec. 418. Review of air carrier flight delays, cancellations, and associated causes.CommentsClose CommentsPermalink





Sec. 419. European Union rules for passenger rights.CommentsClose CommentsPermalink





Sec. 420. Establishment of advisory committee for aviation consumer protection.CommentsClose CommentsPermalink





Sec. 421. Denied boarding compensation.CommentsClose CommentsPermalink





Sec. 422. Schedule reduction.CommentsClose CommentsPermalink





Sec. 423. Expansion of dot airline consumer complaint investigations.CommentsClose CommentsPermalink

TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

Sec. 501. Amendments to air tour management program.CommentsClose CommentsPermalink





Sec. 502. State block grant program.CommentsClose CommentsPermalink





Sec. 503. Airport funding of special studies or reviews.CommentsClose CommentsPermalink





Sec. 504. Grant eligibility for assessment of flight procedures.CommentsClose CommentsPermalink





Sec. 505. CLEEN research, development, and implementation partnership.CommentsClose CommentsPermalink





Sec. 506. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels.CommentsClose CommentsPermalink





Sec. 507. Environmental mitigation pilot program.CommentsClose CommentsPermalink





Sec. 508. Aircraft departure queue management pilot program.CommentsClose CommentsPermalink





Sec. 509. High performance and sustainable air traffic control facilities.CommentsClose CommentsPermalink





Sec. 510. Regulatory responsibility for aircraft engine noise and emissions standards.CommentsClose CommentsPermalink





Sec. 511. Continuation of air quality sampling.CommentsClose CommentsPermalink





Sec. 512. Sense of Congress.CommentsClose CommentsPermalink





Sec. 513. Airport noise compatibility planning study, Port Authority of New York and New Jersey.CommentsClose CommentsPermalink

TITLE VI--FAA EMPLOYEES AND ORGANIZATION

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





Sec. 602. MSPB remedial authority for FAA employees.CommentsClose CommentsPermalink





Sec. 603. FAA technical training and staffing.CommentsClose CommentsPermalink





Sec. 604. Designee program.CommentsClose CommentsPermalink





Sec. 605. Staffing model for aviation safety inspectors.CommentsClose CommentsPermalink





Sec. 606. Safety critical staffing.CommentsClose CommentsPermalink





Sec. 607. FAA air traffic controller staffing.CommentsClose CommentsPermalink





Sec. 608. Assessment of training programs for air traffic controllers.CommentsClose CommentsPermalink





Sec. 609. Collegiate training initiative study.CommentsClose CommentsPermalink





Sec. 610. FAA Task Force on Air Traffic Control Facility Conditions.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 of reinsurance authority.CommentsClose CommentsPermalink





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





Sec. 705. Extension of program authority.CommentsClose CommentsPermalink

TITLE VIII--MISCELLANEOUS

Sec. 801. Air carrier citizenship.CommentsClose CommentsPermalink





Sec. 802. Disclosure of data to Federal agencies in interest of national security.CommentsClose CommentsPermalink





Sec. 803. FAA access to criminal history records and database systems.CommentsClose CommentsPermalink





Sec. 804. Clarification of air carrier fee disputes.CommentsClose CommentsPermalink





Sec. 805. Study on national plan of integrated airport systems.CommentsClose CommentsPermalink





Sec. 806. Express carrier employee protection.CommentsClose CommentsPermalink





Sec. 807. Consolidation and realignment of FAA facilities.CommentsClose CommentsPermalink





Sec. 808. Accidental death and dismemberment insurance for National Transportation Safety Board employees.CommentsClose CommentsPermalink





Sec. 809. GAO study on cooperation of airline industry in international child abduction cases.CommentsClose CommentsPermalink





Sec. 810. Lost Nation Airport, Ohio.CommentsClose CommentsPermalink





Sec. 811. Pollock Municipal Airport, Louisiana.CommentsClose CommentsPermalink





Sec. 812. Human intervention and motivation study program.CommentsClose CommentsPermalink





Sec. 813. Washington, D.C., Air Defense Identification Zone.CommentsClose CommentsPermalink





Sec. 814. Merrill Field Airport, Anchorage, Alaska.CommentsClose CommentsPermalink





Sec. 815. 1940 Air Terminal Museum at William P. Hobby Airport, Houston, Texas.CommentsClose CommentsPermalink





Sec. 816. Duty periods and flight time limitations applicable to flight crewmembers.CommentsClose CommentsPermalink





Sec. 817. Labor integration.CommentsClose CommentsPermalink





Sec. 818. Pilot program for redevelopment of airport properties.CommentsClose CommentsPermalink





Sec. 819. Helicopter operations over Long Island, New York.CommentsClose CommentsPermalink





Sec. 820. Cabin temperature standards study.CommentsClose CommentsPermalink





Sec. 821. Civil penalties technical amendments.CommentsClose CommentsPermalink





Sec. 822. Realignment of terminal radar approach control at Palm Beach International Airport.CommentsClose CommentsPermalink





Sec. 823. Study and report on alleviating congestion.CommentsClose CommentsPermalink





Sec. 824. Airline personnel training enhancement.CommentsClose CommentsPermalink





Sec. 825. Study on Feasibility of Development of a Public Internet Web-based Search Engine on Wind Turbine Installation Obstruction.CommentsClose CommentsPermalink

TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

Sec. 901. Short title.CommentsClose CommentsPermalink





Sec. 902. Definitions.CommentsClose CommentsPermalink





Sec. 903. Interagency research initiative on the impact of aviation on the climate.CommentsClose CommentsPermalink





Sec. 904. Research program on runways.CommentsClose CommentsPermalink





Sec. 905. Research on design for certification.CommentsClose CommentsPermalink





Sec. 906. Centers of excellence.CommentsClose CommentsPermalink





Sec. 907. Airport cooperative research program.CommentsClose CommentsPermalink





Sec. 908. Unmanned aircraft systems.CommentsClose CommentsPermalink





Sec. 909. Research grants program involving undergraduate students.CommentsClose CommentsPermalink





Sec. 910. Research program on space weather and aviation.CommentsClose CommentsPermalink





Sec. 911. Aviation gas research and development program.CommentsClose CommentsPermalink





Sec. 912. Research reviews and assessments.CommentsClose CommentsPermalink





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





Sec. 914. Research program on alternative jet fuel technology for civil aircraft.CommentsClose CommentsPermalink





Sec. 915. Center for excellence in aviation employment.CommentsClose CommentsPermalink

TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING

Sec. 1001. Short title.CommentsClose CommentsPermalink





Sec. 1002. Extension and modification of taxes funding airport and airway trust fund.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 apply only to fiscal years beginning after September 30, 2007.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATIONS

Subtitle A--Funding of FAA Programs

SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY PLANNING AND PROGRAMS.

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





(1) by striking `September 30, 2003' and inserting `September 30, 2007'; andCommentsClose CommentsPermalink





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





`(1) $3,800,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(2) $3,900,000,000 fiscal year 2009;CommentsClose CommentsPermalink





`(3) $4,000,000,000 fiscal year 2010; andCommentsClose CommentsPermalink





`(4) $4,100,000,000 fiscal year 2011.'.CommentsClose CommentsPermalink





(b) Obligational Authority- Section 47104(c) is amended by striking `September 30, 2007' and inserting `September 30, 2011'.CommentsClose CommentsPermalink

SEC. 102. AIR NAVIGATION FACILITIES AND EQUIPMENT.

(a) Authorization of Appropriations- Section 48101(a) is amended by striking paragraphs (1) through (4) and inserting the following:CommentsClose CommentsPermalink





`(1) $3,120,000,000 for fiscal year 2008.CommentsClose CommentsPermalink





`(2) $3,246,000,000 for fiscal year 2009.CommentsClose CommentsPermalink





`(3) $3,259,000,000 for fiscal year 2010.CommentsClose CommentsPermalink





`(4) $3,353,000,000 for fiscal year 2011.'.CommentsClose CommentsPermalink





(b) Use of Funds- Section 48101 is amended by striking subsections (c) through (i) and inserting the following:CommentsClose CommentsPermalink





`(c) Wake Vortex Mitigation- Of amounts appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2008 through 2011 may be used for the development and analysis of wake vortex mitigation, including advisory systems.CommentsClose CommentsPermalink





`(d) Weather Hazards-CommentsClose CommentsPermalink





`(1) IN GENERAL- Of amounts appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2008 through 2011 may be used for the development of in-flight and ground-based weather threat mitigation systems, including ground de-icing and anti-icing systems and other systems for predicting, detecting, and mitigating the effects of certain weather conditions on both airframes and engines.CommentsClose CommentsPermalink





`(2) SPECIFIC HAZARDS- Weather conditions referred to in paragraph (1) include--CommentsClose CommentsPermalink





`(A) ground-based icing threats such as ice pellets and freezing drizzle;CommentsClose CommentsPermalink





`(B) oceanic weather, including convective weather, and other hazards associated with oceanic operations (where commercial traffic is high and only rudimentary satellite sensing is available) to reduce the hazards presented to commercial aviation, including convective weather ice crystal ingestion threats; andCommentsClose CommentsPermalink





`(C) en route turbulence prediction.CommentsClose CommentsPermalink





`(e) Safety Management Systems- Of amounts appropriated under subsection (a) and section 106(k)(1), such sums as may be necessary for each of fiscal years 2008 through 2011 may be used to advance the development and implementation of safety management systems.CommentsClose CommentsPermalink





`(f) Runway Incursion Reduction Programs- Of amounts appropriated under subsection (a), $8,000,000 for fiscal year 2008, $10,000,000 for fiscal year 2009, $12,000,000 for fiscal year 2010, and $12,000,000 for fiscal year 2011 may be used for the development and implementation of runway incursion reduction programs.CommentsClose CommentsPermalink





`(g) Runway Status Lights- Of amounts appropriated under subsection (a), $15,000,000 for fiscal year 2008, $27,000,000 for fiscal year 2009, $12,000,000 for fiscal year 2010, and $20,000,000 for 2011 may be used for the acquisition and installation of runway status lights.CommentsClose CommentsPermalink





`(h) Additional Programs in Fiscal Year 2008- Of amounts appropriated under subsection (a), $19,500,000 for fiscal year 2008 may be used for--CommentsClose CommentsPermalink





`(1) system capacity, planning, and improvement;CommentsClose CommentsPermalink





`(2) operations concept validation;CommentsClose CommentsPermalink





`(3) NAS weather requirements;CommentsClose CommentsPermalink





`(4) Airspace Management Lab;CommentsClose CommentsPermalink





`(5) Local Area Augmentation System (LAAS); andCommentsClose CommentsPermalink





`(6) wind profiling and weather research, Juneau.CommentsClose CommentsPermalink





`(i) Additional Programs in Fiscal Years 2009-2011- Of amounts appropriated under subsection (a), $14,500,000 for each of fiscal years 2009, 2010, and 2011 may be used for--CommentsClose CommentsPermalink





`(1) system capacity, planning, and improvement;CommentsClose CommentsPermalink





`(2) operations concept validation;CommentsClose CommentsPermalink





`(3) NAS weather requirements; andCommentsClose CommentsPermalink





`(4) Airspace Management Lab.'.CommentsClose CommentsPermalink

SEC. 103. FAA OPERATIONS.

(a) In General- Section 106(k)(1) is amended by striking subparagraphs (A) through (D) and inserting the following:CommentsClose CommentsPermalink





`(A) $8,726,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(B) $8,978,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





`(C) $9,305,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





`(D) $9,590,000,000 for fiscal year 2011.'.CommentsClose CommentsPermalink





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





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





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





(3) in subparagraphs (A) and (B) (as so redesignated) by striking `2004 through 2007' and inserting `2008 through 2011'.CommentsClose CommentsPermalink





(c) Airline Data and Analysis- 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) 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





(1) $4,000,000 for fiscal year 2008; andCommentsClose CommentsPermalink





(2) $6,000,000 for each of fiscal years 2009, 2010, and 2011.CommentsClose CommentsPermalink

SEC. 104. RESEARCH, ENGINEERING, AND DEVELOPMENT.

Section 48102(a) is amended--CommentsClose CommentsPermalink





(1) in paragraph (11)(L) by striking `and';CommentsClose CommentsPermalink





(2) in paragraph (12)(L) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





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





`(13) for fiscal year 2008, $335,191,000, including--CommentsClose CommentsPermalink





`(A) $7,350,000 for fire research and safety;CommentsClose CommentsPermalink





`(B) $4,086,000 for propulsion and fuel systems;CommentsClose CommentsPermalink





`(C) $2,713,000 for advanced materials and structural safety;CommentsClose CommentsPermalink





`(D) $3,574,000 for atmospheric hazards and digital system safety;CommentsClose CommentsPermalink





`(E) $14,931,000 for aging aircraft;CommentsClose CommentsPermalink





`(F) $2,202,000 for aircraft catastrophic failure prevention research;CommentsClose CommentsPermalink





`(G) $14,651,000 for flightdeck maintenance, system integration, and human factors;CommentsClose CommentsPermalink





`(H) $9,517,000 for aviation safety risk analysis;CommentsClose CommentsPermalink





`(I) $15,254,000 for air traffic control, technical operations, and human factors;CommentsClose CommentsPermalink





`(J) $6,780,000 for aeromedical research;CommentsClose CommentsPermalink





`(K) $19,888,000 for weather programs;CommentsClose CommentsPermalink





`(L) $6,310,000 for unmanned aircraft systems research;CommentsClose CommentsPermalink





`(M) $18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office;CommentsClose CommentsPermalink





`(N) $10,755,000 for wake turbulence;CommentsClose CommentsPermalink





`(O) $20,469,000 for environment and energy;CommentsClose CommentsPermalink





`(P) $1,184,000 for system planning and resource management;CommentsClose CommentsPermalink





`(Q) $3,415,000 for the William J. Hughes Technical Center Laboratory Facility;CommentsClose CommentsPermalink





`(R) $74,200,000 for the Center for Advanced Aviation System Development;CommentsClose CommentsPermalink





`(S) $2,000,000 for the Airport Cooperative Research Program--capacity;CommentsClose CommentsPermalink





`(T) $5,000,000 for the Airport Cooperative Research Program--environment;CommentsClose CommentsPermalink





`(U) $5,000,000 for the Airport Cooperative Research Program--safety;CommentsClose CommentsPermalink





`(V) $3,600,000 for GPS civil requirements;CommentsClose CommentsPermalink





`(W) $15,000,000 for Safe Flight 21, Alaska Capstone;CommentsClose CommentsPermalink





`(X) $8,907,000 for airports technology research--capacity;CommentsClose CommentsPermalink





`(Y) $9,805,000 for airports technology research--safety;CommentsClose CommentsPermalink





`(14) for fiscal year 2009, $481,554,000, including--CommentsClose CommentsPermalink





`(A) $8,457,000 for fire research and safety;CommentsClose CommentsPermalink





`(B) $4,050,000 for propulsion and fuel systems;CommentsClose CommentsPermalink





`(C) $2,686,000 for advanced materials and structural safety;CommentsClose CommentsPermalink





`(D) $3,568,000 for atmospheric hazards and digital system safety;CommentsClose CommentsPermalink





`(E) $14,683,000 for aging aircraft;CommentsClose CommentsPermalink





`(F) $2,158,000 for aircraft catastrophic failure prevention research;CommentsClose CommentsPermalink





`(G) $37,499,000 for flightdeck maintenance, system integration, and human factors;CommentsClose CommentsPermalink





`(H) $8,349,000 for aviation safety risk analysis;CommentsClose CommentsPermalink





`(I) $15,323,000 for air traffic control, technical operations, and human factors;CommentsClose CommentsPermalink





`(J) $6,932,000 for aeromedical research;CommentsClose CommentsPermalink





`(K) $22,336,000 for weather program;CommentsClose CommentsPermalink





`(L) $6,738,000 for unmanned aircraft systems research;CommentsClose CommentsPermalink





`(M) $18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office;CommentsClose CommentsPermalink





`(N) $10,560,000 for wake turbulence;CommentsClose CommentsPermalink





`(O) $35,039,000 for environment and energy;CommentsClose CommentsPermalink





`(P) $1,847,000 for system planning and resource management;CommentsClose CommentsPermalink





`(Q) $3,548,000 for the William J. Hughes Technical Center Laboratory Facility;CommentsClose CommentsPermalink





`(R) $85,000,000 for Center for Advanced Aviation System Development;CommentsClose CommentsPermalink





`(S) $5,000,000 for the Airport Cooperative Research Program--capacity;CommentsClose CommentsPermalink





`(T) $5,000,000 for the Airport Cooperative Research Program--environment;CommentsClose CommentsPermalink





`(U) $5,000,000 for the Airport Cooperative Research Program--safety;CommentsClose CommentsPermalink





`(V) $3,469,000 for GPS civil requirements;CommentsClose CommentsPermalink





`(W) $20,000,000 for Safe Flight 21, Alaska Capstone;CommentsClose CommentsPermalink





`(X) $8,907,000 for airports technology research--capacity;CommentsClose CommentsPermalink





`(Y) $9,805,000 for airports technology research--safety;CommentsClose CommentsPermalink





`(15) for fiscal year 2010, $486,502,000, including--CommentsClose CommentsPermalink





`(A) $8,546,000 for fire research and safety;CommentsClose CommentsPermalink





`(B) $4,075,000 for propulsion and fuel systems;CommentsClose CommentsPermalink





`(C) $2,700,000 for advanced materials and structural safety;CommentsClose CommentsPermalink





`(D) $3,608,000 for atmospheric hazards and digital system safety;CommentsClose CommentsPermalink





`(E) $14,688,000 for aging aircraft;CommentsClose CommentsPermalink





`(F) $2,153,000 for aircraft catastrophic failure prevention research;CommentsClose CommentsPermalink





`(G) $36,967,000 for flightdeck maintenance, system integration, and human factors;CommentsClose CommentsPermalink





`(H) $8,334,000 for aviation safety risk analysis;CommentsClose CommentsPermalink





`(I) $15,471,000 for air traffic control, technical operations, and human factors;CommentsClose CommentsPermalink





`(J) $7,149,000 for aeromedical research;CommentsClose CommentsPermalink





`(K) $23,286,000 for weather program;CommentsClose CommentsPermalink





`(L) $6,236,000 for unmanned aircraft systems research;CommentsClose CommentsPermalink





`(M) $18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office;CommentsClose CommentsPermalink





`(N) $10,412,000 for wake turbulence;CommentsClose CommentsPermalink





`(O) $34,678,000 for environment and energy;CommentsClose CommentsPermalink





`(P) $1,827,000 for system planning and resource management;CommentsClose CommentsPermalink





`(Q) $3,644,000 for William J. Hughes Technical Center Laboratory Facility;CommentsClose CommentsPermalink





`(R) $90,000,000 for the Center for Advanced Aviation System Development;CommentsClose CommentsPermalink





`(S) $5,000,000 for the Airport Cooperative Research Program--capacity;CommentsClose CommentsPermalink





`(T) $5,000,000 for the Airport Cooperative Research Program--environment;CommentsClose CommentsPermalink





`(U) $5,000,000 for the Airport Cooperative Research Program--safety;CommentsClose CommentsPermalink





`(V) $3,416,000 for GPS civil requirements;CommentsClose CommentsPermalink





`(W) $20,000,000 for Safe Flight 21, Alaska Capstone;CommentsClose CommentsPermalink





`(X) $8,907,000 for airports technology research--capacity;CommentsClose CommentsPermalink





`(Y) $9,805,000 for airports technology research--safety; andCommentsClose CommentsPermalink





`(16) for fiscal year 2011, $514,832,000, including--CommentsClose CommentsPermalink





`(A) $8,815,000 for fire research and safety;CommentsClose CommentsPermalink





`(B) $4,150,000 for propulsion and fuel systems;CommentsClose CommentsPermalink





`(C) $2,747,000 for advanced materials and structural safety;CommentsClose CommentsPermalink





`(D) $3,687,000 for atmospheric hazards and digital system safety;CommentsClose CommentsPermalink





`(E) $14,903,000 for aging aircraft;CommentsClose CommentsPermalink





`(F) $2,181,000 for aircraft catastrophic failure prevention research;CommentsClose CommentsPermalink





`(G) $39,245,000 for flightdeck maintenance, system integration and human factors;CommentsClose CommentsPermalink





`(H) $8,446,000 for aviation safety risk analysis;CommentsClose CommentsPermalink





`(I) $15,715,000 for air traffic control, technical operations, and human factors;CommentsClose CommentsPermalink





`(J) $7,390,000 for aeromedical research;CommentsClose CommentsPermalink





`(K) $23,638,000 for weather program;CommentsClose CommentsPermalink





`(L) $6,295,000 for unmanned aircraft systems research;CommentsClose CommentsPermalink





`(M) $18,100,000 for the Next Generation Air Transportation System Joint Planning and Development Office;CommentsClose CommentsPermalink





`(N) $10,471,000 for wake turbulence;CommentsClose CommentsPermalink





`(O) $34,811,000 for environment and energy;CommentsClose CommentsPermalink





`(P) $1,836,000 for system planning and resource management;CommentsClose CommentsPermalink





`(Q) $3,758,000 for William J. Hughes Technical Center Laboratory Facility;CommentsClose CommentsPermalink





`(R) $114,000,000 for Center for Advanced Aviation System Development;CommentsClose CommentsPermalink





`(S) $5,000,000 for the Airport Cooperative Research Program--capacity;CommentsClose CommentsPermalink





`(T) $5,000,000 for the Airport Cooperative Research Program--environment;CommentsClose CommentsPermalink





`(U) $5,000,000 for the Airport Cooperative Research Program--safety;CommentsClose CommentsPermalink





`(V) $3,432,000 for GPS civil requirements;CommentsClose CommentsPermalink





`(W) $20,000,000 for Safe Flight 21, Alaska Capstone;CommentsClose CommentsPermalink





`(X) $8,907,000 for airports technology research--capacity;CommentsClose CommentsPermalink





`(Y) $9,805,000 for airports technology research--safety.'.CommentsClose CommentsPermalink

SEC. 105. FUNDING FOR AVIATION PROGRAMS.

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





`(A) IN GENERAL- The total budget resources made available from the Airport and Airway Trust Fund each fiscal year through fiscal year 2011 pursuant to sections 48101, 48102, 48103, and 106(k) shall--CommentsClose CommentsPermalink





`(i) in each of fiscal years 2008 and 2009, be equal to 95 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; andCommentsClose CommentsPermalink





`(ii) in each of fiscal years 2010 and 2011, be equal to the sum of--CommentsClose CommentsPermalink





`(I) 95 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; andCommentsClose CommentsPermalink





`(II) the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the second preceding fiscal year minus the total amount made available for obligation from the Airport and Airway Trust Fund for the second preceding fiscal year.CommentsClose CommentsPermalink





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





(b) Additional Authorizations of Appropriations From the General Fund- Section 48114(a)(2) is amended by striking `2007' and inserting `2011'.CommentsClose CommentsPermalink





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





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





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





(d) Enforcement of Guarantees- Section 48114(c)(2) is amended by striking `2007' and inserting `2011'.CommentsClose CommentsPermalink

Subtitle B--Passenger Facility Charges

SEC. 111. PFC AUTHORITY.

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





`(5) PASSENGER FACILITY CHARGE- The term `passenger facility charge' means a charge or fee imposed under this section.'.CommentsClose CommentsPermalink





(b) Increase in PFC Maximum Level- Section 40117(b)(4) is amended by striking `$4.00 or $4.50' and inserting `$4.00, $4.50, $5.00, $6.00, or $7.00'.CommentsClose CommentsPermalink





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





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





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





(d) Correction of References-CommentsClose CommentsPermalink





(1) SECTION 40117- Section 40117 is amended--CommentsClose CommentsPermalink





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





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





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





(D) in the heading for paragraph (5) of subsection (l) by striking `FEE' and inserting `CHARGE';CommentsClose CommentsPermalink





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





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





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





(H) by striking `fees' each place it appears and inserting `charges'.CommentsClose CommentsPermalink





(2) OTHER REFERENCES- Subtitle VII is amended by striking `fee' and inserting `charge' each place it appears in each of the following sections:CommentsClose CommentsPermalink





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





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





(C) Section 47114(f).CommentsClose CommentsPermalink





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





(E) Section 47139(b).CommentsClose CommentsPermalink





(F) Section 47524(e).CommentsClose CommentsPermalink





(G) Section 47526(2).CommentsClose CommentsPermalink

SEC. 112. PFC ELIGIBILITY FOR BICYCLE STORAGE.

(a) In General- Section 40117(a)(3) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(H) A project to construct secure bicycle storage facilities that are to be used by passengers at the airport and that are in compliance with applicable security standards.'.CommentsClose CommentsPermalink





(b) Report to Congress- Not later than one year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a report on the progress being made by airports to install bicycle parking for airport customers and airport employees.CommentsClose CommentsPermalink

SEC. 113. NOISE COMPATIBILITY PROJECTS.

Section 40117(b) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(7) NOISE MITIGATION FOR CERTAIN SCHOOLS-CommentsClose CommentsPermalink





`(A) IN GENERAL- In addition to the uses specified in paragraphs (1), (4), and (6), the Secretary may authorize a passenger facility charge imposed under paragraph (1) or (4) at a large hub airport that is the subject of an amended judgment and final order in condemnation filed on January 7, 1980, by the Superior Court of the State of California for the county of Los Angeles, to be used for a project to carry out noise mitigation for a building, or for the replacement of a relocatable building with a permanent building, in the noise impacted area surrounding the airport at which such building is used primarily for educational purposes, notwithstanding the air easement granted or any terms to the contrary in such judgment and final order, if--CommentsClose CommentsPermalink





`(i) the Secretary determines that the building is adversely affected by airport noise;CommentsClose CommentsPermalink





`(ii) the building is owned or chartered by the school district that was the plaintiff in case number 986,442 or 986,446, which was resolved by such judgment and final order;CommentsClose CommentsPermalink





`(iii) the project is for a school identified in one of the settlement agreements effective February 16, 2005, between the airport and each of the school districts;CommentsClose CommentsPermalink





`(iv) in the case of a project to replace a relocatable building with a permanent building, the eligible project costs are limited to the actual structural construction costs necessary to mitigate aircraft noise in instructional classrooms to an interior noise level meeting current standards of the Federal Aviation Administration; andCommentsClose CommentsPermalink





`(v) the project otherwise meets the requirements of this section for authorization of a passenger facility charge.CommentsClose CommentsPermalink





`(B) ELIGIBLE PROJECT COSTS- In subparagraph (A)(iv), the term `eligible project costs' means the difference between the cost of standard school construction and the cost of construction necessary to mitigate classroom noise to the standards of the Federal Aviation Administration.'.CommentsClose CommentsPermalink

SEC. 114. INTERMODAL GROUND ACCESS PROJECT PILOT PROGRAM.

Section 40117 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(n) Pilot Program for PFC Eligibility for Intermodal Ground Access Projects-CommentsClose CommentsPermalink





`(1) PFC ELIGIBILITY- Subject to the requirements of this subsection, the Secretary shall establish a pilot program under which the Secretary may authorize, at no more than 5 airports, a passenger facility charge imposed under subsection (b)(1) or (b)(4) to be used to finance the eligible cost of an intermodal ground access project.CommentsClose CommentsPermalink





`(2) INTERMODAL GROUND ACCESS PROJECT DEFINED- In this section, the term `intermodal ground access project' means a project for constructing a local facility owned or operated by an eligible agency that is directly and substantially related to the movement of passengers or property traveling in air transportation.CommentsClose CommentsPermalink





`(3) ELIGIBLE COSTS-CommentsClose CommentsPermalink





`(A) IN GENERAL- For purposes of paragraph (1), the eligible cost of an intermodal ground access project shall be the total cost of the project multiplied by the ratio that--CommentsClose CommentsPermalink





`(i) the number of individuals projected to use the project to gain access to or depart from the airport; bears toCommentsClose CommentsPermalink





`(ii) the total number of the individuals projected to use the facility.CommentsClose CommentsPermalink





`(B) DETERMINATIONS REGARDING PROJECTED PROJECT USE-CommentsClose CommentsPermalink





`(i) IN GENERAL- Except as provided by clause (ii), the Secretary shall determine the projected use of a project for purposes of subparagraph (A) at the time the project is approved under this subsection.CommentsClose CommentsPermalink





`(ii) PUBLIC TRANSPORTATION PROJECTS- In the case of a project approved under this section to be financed in part using funds administered by the Federal Transit Administration, the Secretary shall use the travel forecasting model for the project at the time such project is approved by the Federal Transit Administration to enter preliminary engineering to determine the projected use of the project for purposes of subparagraph (A).'.CommentsClose CommentsPermalink

SEC. 115. IMPACTS ON AIRPORTS OF ACCOMMODATING CONNECTING PASSENGERS.

(a) Study- Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall initiate a study to evaluate--CommentsClose CommentsPermalink





(1) the impacts on airports of accommodating connecting passengers; andCommentsClose CommentsPermalink





(2) the treatment of airports at which the majority of passengers are connecting passengers under the passenger facility charge program authorized by section 40117 of title 49, United States Code.CommentsClose CommentsPermalink





(b) Contents of Study- In conducting the study, the Secretary shall review, at a minimum, the following:CommentsClose CommentsPermalink





(1) the differences in facility needs, and the costs for constructing, maintaining, and operating those facilities, for airports at which the majority of passengers are connecting passengers as compared to airports at which the majority of passengers are originating and destination passengers;CommentsClose CommentsPermalink





(2) whether the costs to an airport of accommodating additional connecting passengers differs from the cost of accommodating additional originating and destination passengers;CommentsClose CommentsPermalink





(3) for each airport charging a passenger facility charge, the percentage of passenger facility charge revenue attributable to connecting passengers and the percentage of such revenue attributable to originating and destination passengers;CommentsClose CommentsPermalink





(4) the potential effects on airport revenues of requiring airports to charge different levels of passenger facility charges on connecting passengers and originating and destination passengers; andCommentsClose CommentsPermalink





(5) the added costs to air carriers of collecting passenger facility charges under a system in which different levels of passenger facility charges are imposed on connecting passengers and originating and destination passengers.CommentsClose CommentsPermalink





(c) Report to Congress-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than one year after the date of initiation of the study, the Secretary shall submit to Congress a report on the results of the study.CommentsClose CommentsPermalink





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





(A) the findings of the Secretary on each of the subjects listed in subsection (b); andCommentsClose CommentsPermalink





(B) recommendations, if any, of the Secretary based on the results of the study for any changes to the passenger facility charge program, including recommendations as to whether different levels of passenger facility charges should be imposed on connecting passengers and originating and destination passengers.CommentsClose CommentsPermalink

Subtitle C--Fees for FAA Services

SEC. 121. UPDATE ON OVERFLIGHTS.

(a) Establishment and Adjustment of Fees- Section 45301(b) is amended to read as follows:CommentsClose CommentsPermalink





`(b) Establishment and Adjustment of Fees-CommentsClose CommentsPermalink





`(1) IN GENERAL- In establishing and adjusting fees under subsection (a), the Administrator shall ensure that the fees are reasonably related to the Administration's costs, as determined by the Administrator, of providing the services rendered. Services for which costs may be recovered include the costs of air traffic control, navigation, weather services, training, and emergency services which are available to facilitate safe transportation over the United States and the costs of other services provided by the Administrator, or by programs financed by the Administrator, to flights that neither take off nor land in the United States. The determination of such costs by the Administrator, and the allocation of such costs by the Administrator to services provided, are not subject to judicial review.CommentsClose CommentsPermalink





`(2) ADJUSTMENT OF FEES- The Administrator shall adjust the overflight fees established by subsection (a)(1) by expedited rulemaking and begin collections under the adjusted fees by October 1, 2008. In developing the adjusted overflight fees, the Administrator may seek and consider the recommendations offered by an aviation rulemaking committee for overflight fees that are provided to the Administrator by June 1, 2008, and are intended to ensure that overflight fees are reasonably related to the Administrator's costs of providing air traffic control and related services to overflights.CommentsClose CommentsPermalink





`(3) AIRCRAFT ALTITUDE- Nothing in this section shall require the Administrator to take into account aircraft altitude in establishing any fee for aircraft operations in en route or oceanic airspace.CommentsClose CommentsPermalink





`(4) COSTS DEFINED- In this subsection, the term `costs' includes those costs associated with the operation, maintenance, leasing costs, 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.CommentsClose CommentsPermalink





`(5) PUBLICATION; COMMENT- The Administrator shall publish in the Federal Register any fee schedule under this section, including any adjusted overflight fee schedule, and the associated collection process as an interim final rule, pursuant to which public comment will be sought and a final rule issued.'.CommentsClose CommentsPermalink





(b) Adjustments- Section 45301 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(e) Adjustments- In addition to adjustments under subsection (b), the Administrator may periodically adjust the fees established under this section.'.CommentsClose CommentsPermalink

SEC. 122. REGISTRATION FEES.

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

`Sec. 45305. Registration, certification, and related fees

`(a) General Authority and Fees- The Administrator of the Federal Aviation Administration shall establish the following fees for services and activities of the Administration: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 aircraft certificate (other than an original dealer's 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 in an aircraft or aircraft part.CommentsClose CommentsPermalink





`(8) $50 for issuing an airman certificate.CommentsClose CommentsPermalink





`(9) $25 for issuing a replacement airman certificate.CommentsClose CommentsPermalink





`(10) $42 for issuing an airman medical certificate.CommentsClose CommentsPermalink





`(11) $100 for providing a legal opinion pertaining to aircraft registration or recordation.CommentsClose CommentsPermalink





`(b) Fees Credited as Offsetting Collections-CommentsClose CommentsPermalink





`(1) IN GENERAL- Notwithstanding section 3302 of title 31, 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 that finances the activities and services for which the fee is imposed;CommentsClose CommentsPermalink





`(B) be available for expenditure only to pay the costs of activities and services for which the fee is imposed; andCommentsClose CommentsPermalink





`(C) remain available until expended.CommentsClose CommentsPermalink





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





`(3) ADJUSTMENTS- The Administrator shall periodically adjust the fees established by subsection (a) when cost data from the cost accounting system developed pursuant to section 45303(e) reveal that the cost of providing the service is higher or lower than the cost data that were used to establish the fee then in effect.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for chapter 453 is amended by adding at the end the following:CommentsClose CommentsPermalink





`45305. Registration, certification, and related fees.'.CommentsClose CommentsPermalink





(c) Fees Involving Aircraft Not Providing Air Transportation- Section 45302(e) is amended--CommentsClose CommentsPermalink





(1) by striking `A fee' and inserting the following:CommentsClose CommentsPermalink





`(1) IN GENERAL- A fee'; andCommentsClose CommentsPermalink





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





`(2) EFFECT OF IMPOSITION OF OTHER FEES- A fee may not be imposed for a service or activity under this section during any period in which a fee for the same service or activity is imposed under section 45305.'.CommentsClose CommentsPermalink

Subtitle D--AIP Modifications

SEC. 131. AMENDMENTS TO AIP DEFINITIONS.

(a) Airport Development- Section 47102(3) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B)(iv) by striking `20' and inserting `9'; andCommentsClose CommentsPermalink





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





`(M) construction of mobile refueler parking within a fuel farm at a nonprimary airport meeting the requirements of section 112.8 of title 40, Code of Federal Regulations.CommentsClose CommentsPermalink





`(N) terminal development under section 47119(a).CommentsClose CommentsPermalink





`(O) acquiring and installing facilities and equipment to provide air conditioning, heating, or electric power from terminal-based, non-exclusive use facilities to aircraft parked at a public use airport for the purpose of reducing energy use or harmful emissions as compared to the provision of such air conditioning, heating, or electric power from aircraft-based systems.'.CommentsClose CommentsPermalink





(b) Airport Planning- Section 47102(5) is amended by inserting before the period at the end the following: `and developing an environmental management system'.CommentsClose CommentsPermalink





(c) General Aviation Airport- Section 47102 is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (23) through (25) as paragraphs (25) through (27), respectively;CommentsClose CommentsPermalink





(2) by redesignating paragraphs (8) through (22) as paragraphs (9) through (23), respectively; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (7) the following:CommentsClose CommentsPermalink





`(8) `general aviation airport' means a public airport that is located in a State and that, as determined by the Secretary--CommentsClose CommentsPermalink





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





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





(d) Revenue Producing Aeronautical Support Facilities- Section 47102 is amended by inserting after paragraph (23) (as redesignated by subsection (c)(2) of this section) the following:CommentsClose CommentsPermalink





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





(e) Terminal Development- Section 47102 is further amended by adding at the end the following:CommentsClose CommentsPermalink





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





`(A) development of--CommentsClose CommentsPermalink





`(i) an airport passenger terminal building, including terminal gates;CommentsClose CommentsPermalink





`(ii) access roads servicing exclusively airport traffic that leads directly to or from an airport passenger terminal building; andCommentsClose CommentsPermalink





`(iii) walkways that lead directly to or from an airport passenger terminal building; andCommentsClose CommentsPermalink





`(B) the cost of a vehicle described in section 47119(a)(1)(B).'.CommentsClose CommentsPermalink

SEC. 132. AMENDMENTS TO GRANT ASSURANCES.

(a) General Written Assurances- Section 47107(a)(16)(D)(ii) is amended by inserting before the semicolon at the end the following: `, except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 47110(d)'.CommentsClose CommentsPermalink





(b) Written Assurances on Acquiring Land-CommentsClose CommentsPermalink





(1) USE OF PROCEEDS- Section 47107(c)(2)(A)(iii) is amended by striking `paid to the Secretary' and all that follows before the semicolon and inserting `reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4)'.CommentsClose CommentsPermalink





(2) ELIGIBLE PROJECTS- Section 47107(c) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(4) PRIORITIES FOR REINVESTMENT- In approving the reinvestment or transfer of proceeds under subsection (c)(2)(A)(iii), the Secretary shall give preference, in descending order, to the following actions:CommentsClose CommentsPermalink





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





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





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





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





`(E) Payment to the Secretary for deposit in the Airport and Airway Trust Fund.'.CommentsClose CommentsPermalink





(c) Clerical Amendment- Section 47107(c)(2)(B)(iii) is amended by striking `the Fund' and inserting `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. 133. GOVERNMENT SHARE OF PROJECT COSTS.

Section 47109 is amended--CommentsClose CommentsPermalink





(1) in subsection (a) by striking `provided in subsection (b) or subsection (c) of this section' and inserting `otherwise specifically provided in this section'; andCommentsClose CommentsPermalink





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





`(e) Special Rule for Transition From Small Hub to Medium Hub Status- If the status of a small hub airport changes to a medium hub airport, the Government's share of allowable project costs for the airport may not exceed 90 percent for the first 2 fiscal years following such change in hub status.CommentsClose CommentsPermalink





`(f) Special Rule for Economically Depressed Communities- The Government's share of allowable project costs shall be 95 percent for a project at an airport that--CommentsClose CommentsPermalink





`(1) is receiving subsidized air service under subchapter II of chapter 417; andCommentsClose CommentsPermalink





`(2) is located in an area that meets one or more of the criteria established in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)), as determined by the Secretary of Commerce.'.CommentsClose CommentsPermalink

SEC. 134. AMENDMENTS TO ALLOWABLE COSTS.

(a) Allowable Project Costs- Section 47110(b)(2) is amended--CommentsClose CommentsPermalink





(1) by striking `or' at the end of subparagraph (C);CommentsClose CommentsPermalink





(2) by striking the semicolon at the end of subparagraph (D) and inserting `; or'; andCommentsClose CommentsPermalink





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





`(E) if the cost is for airport development and is incurred before execution of the grant agreement, but in the same fiscal year as execution of the grant agreement, and if--CommentsClose CommentsPermalink





`(i) the cost was incurred before execution of the grant agreement due to the short construction season in the vicinity of the airport;CommentsClose CommentsPermalink





`(ii) the cost is in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after execution of the grant agreement;CommentsClose CommentsPermalink





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





`(iv) the sponsor's decision to proceed with the project in advance of execution of the grant agreement does not affect the priority assigned to the project by the Secretary for the allocation of discretionary funds;'.CommentsClose CommentsPermalink





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





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





`(1) the Government's share of such costs will be paid with funds apportioned to the airport sponsor under section 47114(c)(1) or 47114(d);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.'.CommentsClose CommentsPermalink





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





(1) by inserting `construction of' before `revenue producing'; andCommentsClose CommentsPermalink





(2) by striking `, including fuel farms and hangars,'.CommentsClose CommentsPermalink

SEC. 135. UNIFORM CERTIFICATION TRAINING FOR AIRPORT CONCESSIONS UNDER DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.

(a) In General- Section 47107(e) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (8) as paragraph (9); andCommentsClose CommentsPermalink





(2) by inserting after paragraph (7) the following:CommentsClose CommentsPermalink





`(8) MANDATORY TRAINING PROGRAM FOR AIRPORT CONCESSIONS-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than one year after the date of enactment of the FAA Reauthorization Act of 2007, the Secretary shall establish a mandatory training program for persons described in subparagraph (C) on the certification of whether a small business concern in airport concessions qualifies as a small business concern owned and controlled by a socially and economically disadvantaged individual for purposes of paragraph (1).CommentsClose CommentsPermalink





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





`(C) PARTICIPANTS- A person referred to in paragraph (1) is an official or agent of an airport owner or operator who is required to provide a written assurance under paragraph (1) that the airport owner or operator will meet the percentage goal of paragraph (1) or who is responsible for determining whether or not a small business concern in airport concessions qualifies as a small business concern owned and controlled by a socially and economically disadvantaged individual for purposes of paragraph (1).CommentsClose CommentsPermalink





`(D) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.'.CommentsClose CommentsPermalink





(b) Report- Not later than 24 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and other appropriate committees of Congress a report on the results of the training program conducted under the amendment made by subsection (a).CommentsClose CommentsPermalink

SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY DISABLED VETERANS.

Section 47112(c) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(3) A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must require that a preference be given to the use of small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 1632)) owned and controlled by disabled veterans.'.CommentsClose CommentsPermalink

SEC. 137. CALCULATION OF STATE APPORTIONMENT FUND.

Section 47114(d) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking `Except as provided in paragraph (3), the Secretary' and inserting `The Secretary'; andCommentsClose CommentsPermalink





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





(2) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





`(3) ADDITIONAL AMOUNT-CommentsClose CommentsPermalink





`(A) IN GENERAL- In addition to amounts apportioned under paragraph (2) and subject to subparagraph (B), the Secretary shall apportion to each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of--CommentsClose CommentsPermalink





`(i) $150,000; orCommentsClose CommentsPermalink





`(ii) 1/5 of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103.CommentsClose CommentsPermalink





`(B) REDUCTION- In any fiscal year in which the total amount made available for apportionment under paragraph (2) is less than $300,000,000, the Secretary shall reduce, on a prorated basis, the amount to be apportioned under subparagraph (A) and make such reduction available to be apportioned under paragraph (2), so as to apportion under paragraph (2) a minimum of $300,000,000.'.CommentsClose CommentsPermalink

SEC. 138. REDUCING APPORTIONMENTS.

Section 47114(f)(1) is amended--CommentsClose CommentsPermalink





(1) by striking `and' at the end of subparagraph (A);CommentsClose CommentsPermalink





(2) in subparagraph (B)--CommentsClose CommentsPermalink





(A) by inserting `except as provided by subparagraph (C),' before `in the case'; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





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





`(C) in the case of a charge of more than $4.50 imposed by the sponsor of an airport enplaning at least one percent of the total number of boardings each year in the United States, 100 percent of the projected revenues from the charge in the fiscal year but not more than 100 percent of the amount that otherwise would be apportioned under this section.'.CommentsClose CommentsPermalink

SEC. 139. MINIMUM AMOUNT FOR DISCRETIONARY FUND.

Section 47115(g)(1) is amended by striking `sum of--' and all that follows through the period at the end of subparagraph (B) and inserting `sum of $520,000,000.'.CommentsClose CommentsPermalink

SEC. 140. MARSHALL ISLANDS, MICRONESIA, AND PALAU.

Section 47115(j) is amended by striking `fiscal years 2004 through 2007' and inserting `fiscal years 2008 through 2011'.CommentsClose CommentsPermalink

SEC. 141. USE OF APPORTIONED AMOUNTS.

Section 47117(e)(1)(A) is amended--CommentsClose CommentsPermalink





(1) in the first sentence--CommentsClose CommentsPermalink





(A) by striking `35 percent' and inserting `$300,000,000';CommentsClose CommentsPermalink





(B) by striking `and' after `47141,'; andCommentsClose CommentsPermalink





(C) by inserting before the period at the end the following: `, and for water quality mitigation projects to comply with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as approved in an environmental record of decision for an airport development project under this title'; andCommentsClose CommentsPermalink





(2) in the second sentence by striking `such 35 percent requirement is' and inserting `the requirements of the preceding sentence are'.CommentsClose CommentsPermalink

SEC. 142. SALE OF PRIVATE AIRPORT TO PUBLIC SPONSOR.

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





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





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





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





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





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





`(B) funding is provided under this subtitle for any portion of the public sponsor's acquisition of airport land; andCommentsClose CommentsPermalink





`(C) an amount equal to the remaining unamortized portion of any airport improvement grant made to that airport for purposes other than land acquisition, amortized over a 20-year period, plus an amount equal to the Federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996, is repaid to the Secretary by the private owner.CommentsClose CommentsPermalink





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





(b) Applicability to Grants- The amendments made by subsection (a) shall apply to grants issued on or after October 1, 1996.CommentsClose CommentsPermalink

SEC. 143. AIRPORT PRIVATIZATION PILOT PROGRAM.

(a) Approval Requirements- Section 47134 is amended in subsections (b)(1)(A)(i), (b)(1)(A)(ii), (c)(4)(A), and (c)(4)(B) by striking `65 percent' each place it appears and inserting `75 percent'.CommentsClose CommentsPermalink





(b) Prohibition on Receipt of Funds-CommentsClose CommentsPermalink





(1) SECTION 47134- Section 47134 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(n) Prohibition on Receipt of Certain Funds- An airport receiving an exemption under subsection (b) shall be prohibited from receiving apportionments under section 47114 or discretionary funds under section 47115.'.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Section 47134(g) is amended--CommentsClose CommentsPermalink





(A) in the subsection heading by striking `Apportionments;';CommentsClose CommentsPermalink





(B) in paragraph (1) by striking the semicolon at the end and inserting `; or';CommentsClose CommentsPermalink





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





(D) by redesignating paragraph (3) as paragraph (2).CommentsClose CommentsPermalink





(c) Federal Share of Project Costs- Section 47109(a) is amended--CommentsClose CommentsPermalink





(1) by striking the semicolon at the end of paragraph (3) and inserting `; and';CommentsClose CommentsPermalink





(2) by striking paragraph (4); andCommentsClose CommentsPermalink





(3) by redesignating paragraph (5) as paragraph (4).CommentsClose CommentsPermalink

SEC. 144. AIRPORT SECURITY PROGRAM.

Section 47137(g) is amended by striking `$5,000,000' and inserting `$8,500,000'.CommentsClose CommentsPermalink

SEC. 145. 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. 146. 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, 2011'.CommentsClose CommentsPermalink

SEC. 147. REPEAL OF LIMITATIONS ON METROPOLITAN WASHINGTON AIRPORTS AUTHORITY.

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

SEC. 148. MIDWAY ISLAND AIRPORT.

Section 186(d) of the Vision 100--Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by striking `October 1, 2007' and inserting `October 1, 2011'.CommentsClose CommentsPermalink

SEC. 149. PUERTO RICO MINIMUM GUARANTEE.

Section 47114(e) is amended--CommentsClose CommentsPermalink





(1) in the subsection heading by inserting `and Puerto Rico' after `Alaska'; andCommentsClose CommentsPermalink





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





`(5) PUERTO RICO MINIMUM GUARANTEE- In any fiscal year in which the total amount apportioned to airports in Puerto Rico under subsections (c) and (d) is less than 1.5 percent of the total amount apportioned to all airports under subsections (c) and (d), the Secretary shall apportion to the Puerto Rico Ports Authority for airport development projects in such fiscal year an amount equal to the difference between 1.5 percent of the total amounts apportioned under subsections (c) and (d) in such fiscal year and the amount otherwise apportioned under subsections (c) and (d) to airports in Puerto Rico in such fiscal year.'.CommentsClose CommentsPermalink

SEC. 150. MISCELLANEOUS AMENDMENTS.

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





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





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





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





(C) in paragraph (2) by striking `; and' and inserting a period; andCommentsClose CommentsPermalink





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





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





(A) in paragraph (1) by striking the semicolon and inserting `; and';CommentsClose CommentsPermalink





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





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





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





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





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





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





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





`(C) `Afghanistan-Iraq war veteran' means an individual who served on active duty (as defined by section 101 of title 38) 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, and who was separated from the armed forces under honorable conditions.'; andCommentsClose CommentsPermalink





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





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





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





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





`(a) Terminal Development Projects-CommentsClose CommentsPermalink





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





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





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





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





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





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





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





`(2) PROJECT IN REVENUE-PRODUCING AREAS AND NONREVENUE-PRODUCING PARKING LOTS- In making a decision under paragraph (1), the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction, 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





(3) in paragraphs (3) and (4)(A) of subsection (b) (as redesignated by paragraph (1) of this subsection) by striking `section 47110(d)' and inserting `subsection (a)'; andCommentsClose CommentsPermalink





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





(5) in paragraphs (2)(A), (3), and (4) of subsection (c) (as redesignated by paragraph (1) of this subsection) by striking `section 47110(d) of this title' and inserting `subsection (a)';CommentsClose CommentsPermalink





(6) in paragraph (2)(B) of subsection (c) (as redesignated by paragraph (1) of this subsection) by striking `section 47110(d)' and inserting `subsection (a)';CommentsClose CommentsPermalink





(7) in subsection (c)(5) (as redesignated by paragraph (1) of this subsection) by striking `section 47110(d)' and inserting `subsection (a)'; andCommentsClose CommentsPermalink





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





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





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





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





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





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





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





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





`(4) the allocation of appropriations; and'.CommentsClose CommentsPermalink





(e) 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),'; andCommentsClose CommentsPermalink





(B) by striking `47103(3)(F),'.CommentsClose CommentsPermalink





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





(g) Other Conforming Amendments- Sections 40117(a)(3)(B) and 47108(e)(3) are each amended by striking `section 47110(d)' each place it appears and inserting `section 47119(a)'.CommentsClose CommentsPermalink





(h) Correction to Surplus Property Authority- Section 47151(e) is amended by striking `(other than real property' and all that follows through `(10 U.S.C. 2687 note))'.CommentsClose CommentsPermalink





(i) Airport Capacity Benchmark Reports- Section 47175(2) is amended by striking `Airport Capacity Benchmark Report 2001' and inserting `2001 and 2004 Airport Capacity Benchmark Reports or table 1 of the Federal Aviation Administration's most recent airport capacity benchmark report'.CommentsClose CommentsPermalink

TITLE II--NEXT GENERATION AIR TRANSPORTATION SYSTEM AND AIR TRAFFIC CONTROL MODERNIZATION

SEC. 201. MISSION STATEMENT; SENSE OF CONGRESS.

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





(1) The United States faces a great national challenge as the Nation's aviation infrastructure is at a crossroads.CommentsClose CommentsPermalink





(2) The demand for aviation services, a critical element of the United States economy, vital in supporting the quality of life of the people of the United States, and critical in support of the Nation's defense and national security, is growing at an ever increasing rate. At the same time, the ability of the United States air transportation system to expand and change to meet this increasing demand is limited.CommentsClose CommentsPermalink





(3) The aviation industry accounts for more than 10,000,000 jobs in the United States and contributes approximately $900,000,000,000 annually to the United States gross domestic product.CommentsClose CommentsPermalink





(4) The United States air transportation system continues to drive economic growth in the United States and will continue to be a major economic driver as air traffic triples over the next 20 years.CommentsClose CommentsPermalink





(5) The Next Generation Air Transportation System (in this section referred to as the `NextGen System') is the system for achieving long-term transformation of the United States air transportation system that focuses on developing and implementing new technologies and that will set the stage for the long-term development of a scalable and more flexible air transportation system without compromising the unprecedented safety record of United States aviation.CommentsClose CommentsPermalink





(6) The benefits of the NextGen System, in terms of promoting economic growth and development, are enormous.CommentsClose CommentsPermalink





(7) The NextGen System will guide the path of the United States air transportation system in the challenging years ahead.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) modernizing the air transportation system is a national priority and the United States must make a commitment to revitalizing this essential component of the Nation's transportation infrastructure;CommentsClose CommentsPermalink





(2) one fundamental requirement for the success of the NextGen System is strong leadership and sufficient resources;CommentsClose CommentsPermalink





(3) the Joint Planning and Development Office of the Federal Aviation Administration and the Next Generation Air Transportation System Senior Policy Committee, each established by Congress in 2003, will lead and facilitate this important national mission to ensure that the programs and capabilities of the NextGen System are carefully integrated and aligned;CommentsClose CommentsPermalink





(4) Government agencies and industry must work together, carefully integrating and aligning their work to meet the needs of the NextGen System in the development of budgets, programs, planning, and research;CommentsClose CommentsPermalink





(5) the Department of Transportation, the Federal Aviation Administration, the Department of Defense, the Department of Homeland Security, the Department of Commerce, and the National Aeronautics and Space Administration must work in cooperation and make transformational improvements to the United States air transportation infrastructure a priority; andCommentsClose CommentsPermalink





(6) due to the critical importance of the NextGen System to the economic and national security of the United States, partner departments and agencies must be provided with the resources required to complete the implementation of the NextGen System.CommentsClose CommentsPermalink

SEC. 202. NEXT GENERATION AIR TRANSPORTATION SYSTEM JOINT PLANNING AND DEVELOPMENT OFFICE.

(a) Establishment-CommentsClose CommentsPermalink





(1) ASSOCIATE ADMINISTRATOR FOR THE NEXT GENERATION AIR TRANSPORTATION SYSTEM- Section 709(a) of Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2582) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





`(2) The director of the Office shall be the Associate Administrator for the Next Generation Air Transportation System, who shall be appointed by the Administrator of the Federal Aviation Administration. The Associate Administrator shall report to the Administrator.'.CommentsClose CommentsPermalink





(2) RESPONSIBILITIES- Section 709(a)(3) of such Act (as redesignated by paragraph (1) of this subsection) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (G) by striking `; and' and inserting a semicolon;CommentsClose CommentsPermalink





(B) in subparagraph (H) by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





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





`(I) establishing specific quantitative goals for the safety, capacity, efficiency, performance, and environmental impacts of each phase of Next Generation Air Transportation System implementation activities and measuring actual operational experience against those goals, taking into account noise pollution reduction concerns of affected communities to the greatest extent practicable in establishing the environmental goals;CommentsClose CommentsPermalink





`(J) working to ensure global interoperability of the Next Generation Air Transportation System;CommentsClose CommentsPermalink





`(K) working to ensure the use of weather information and space weather information in the Next Generation Air Transportation System as soon as possible;CommentsClose CommentsPermalink





`(L) overseeing, with the Administrator of the Federal Aviation Administration, the selection of products or outcomes of research and development activities that would be moved to the next stage of a demonstration project; andCommentsClose CommentsPermalink





`(M) maintaining a baseline modeling and simulation environment for testing and evaluating alternative concepts to satisfy Next Generation Air Transportation enterprise architecture requirements.'.CommentsClose CommentsPermalink





(3) COOPERATION WITH OTHER FEDERAL AGENCIES- Section 709(a)(4) of such Act (as redesignated by paragraph (1) of this subsection) is amended--CommentsClose CommentsPermalink





(A) by striking `(4)' and inserting `(4)(A)'; andCommentsClose CommentsPermalink





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





`(B) The Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, the Secretary of Commerce, the Secretary of Homeland Security, and the head of any other Federal agency from which the Secretary of Transportation requests assistance under subparagraph (A) shall designate a senior official in the agency to be responsible for--CommentsClose CommentsPermalink





`(i) carrying out the activities of the agency relating to the Next Generation Air Transportation System in coordination with the Office, including the execution of all aspects of the work of the agency in developing and implementing the integrated work plan described in subsection (b)(5);CommentsClose CommentsPermalink





`(ii) serving as a liaison for the agency in activities of the agency relating to the Next Generation Air Transportation System and coordinating with other Federal agencies involved in activities relating to the System; andCommentsClose CommentsPermalink





`(iii) ensuring that the agency meets its obligations as set forth in any memorandum of understanding executed by or on behalf of the agency relating to the Next Generation Air Transportation System.CommentsClose CommentsPermalink





`(C) The head of a Federal agency referred to in subparagraph (B) shall ensure that--CommentsClose CommentsPermalink





`(i) the responsibilities of the agency relating to the Next Generation Air Transportation System are clearly communicated to the senior official of the agency designated under subparagraph (B); andCommentsClose CommentsPermalink





`(ii) the performance of the senior official in carrying out the responsibilities of the agency relating to the Next Generation Air Transportation System is reflected in the official's annual performance evaluations and compensation.CommentsClose CommentsPermalink





`(D) The head of a Federal agency referred to in subparagraph (B) shall--CommentsClose CommentsPermalink





`(i) establish or designate an office within the agency to carry out its responsibilities under the memorandum of understanding under the supervision of the designated official; andCommentsClose CommentsPermalink





`(ii) ensure that the designated official has sufficient budgetary authority and staff resources to carry out the agency's Next Generation Air Transportation System responsibilities as set forth in the integrated plan under subsection (b).CommentsClose CommentsPermalink





`(E) Not later than 6 months after the date of enactment of this subparagraph, the head of each Federal agency that has responsibility for carrying out any activity under the integrated plan under subsection (b) shall execute a memorandum of understanding with the Office obligating that agency to carry out the activity.'.CommentsClose CommentsPermalink





(4) COORDINATION WITH OMB- Section 709(a) of such Act (117 Stat. 2582) is further amended by adding at the end the following:CommentsClose CommentsPermalink





`(6)(A) The Office shall work with the Director of the Office of Management and Budget to develop a process whereby the Director will identify projects related to the Next Generation Air Transportation System across the agencies referred to in paragraph (4)(A) and consider the Next Generation Air Transportation System as a unified, cross-agency program.CommentsClose CommentsPermalink





`(B) The Director, to the maximum extent practicable, shall--CommentsClose CommentsPermalink





`(i) ensure that--CommentsClose CommentsPermalink





`(I) each Federal agency covered by the plan has sufficient funds requested in the President's budget, as submitted under section 1105(a) of title 31, United States Code, for each fiscal year covered by the plan to carry out its responsibilities under the plan; andCommentsClose CommentsPermalink





`(II) the development and implementation of the Next Generation Air Transportation System remains on schedule;CommentsClose CommentsPermalink





`(ii) include, in the President's budget, a statement of the portion of the estimated budget of each Federal agency covered by the plan that relates to the activities of the agency under the Next Generation Air Transportation System initiative; andCommentsClose CommentsPermalink





`(iii) identify and justify as part of the President's budget submission any inconsistencies between the plan and amounts requested in the budget.CommentsClose CommentsPermalink





`(7) The Associate Administrator of the Next Generation Air Transportation System shall be a voting member of the Joint Resources Council of the Federal Aviation Administration.'.CommentsClose CommentsPermalink





(b) Integrated Plan- Section 709(b) of such Act (117 Stat. 2583) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(A) by striking `meets air' and inserting `meets anticipated future air'; andCommentsClose CommentsPermalink





(B) by striking `beyond those currently included in the Federal Aviation Administration's operational evolution plan';CommentsClose CommentsPermalink





(2) by striking `and' at the end of paragraph (3);CommentsClose CommentsPermalink





(3) by striking the period at the end of paragraph (4) and inserting `; and'; andCommentsClose CommentsPermalink





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





`(5) a multiagency integrated work plan for the Next Generation Air Transportation System that includes--CommentsClose CommentsPermalink





`(A) an outline of the activities required to achieve the end-state architecture, as expressed in the concept of operations and enterprise architecture documents, that identifies each Federal agency or other entity responsible for each activity in the outline;CommentsClose CommentsPermalink





`(B) details on a year-by-year basis of specific accomplishments, activities, research requirements, rulemakings, policy decisions, and other milestones of progress for each Federal agency or entity conducting activities relating to the Next Generation Air Transportation System;CommentsClose CommentsPermalink





`(C) for each element of the Next Generation Air Transportation System, an outline, on a year-by-year basis, of what is to be accomplished in that year toward meeting the Next Generation Air Transportation System's end-state architecture, as expressed in the concept of operations and enterprise architecture documents, as well as identifying each Federal agency or other entity that will be responsible for each component of any research, development, or implementation program;CommentsClose CommentsPermalink





`(D) an estimate of all necessary expenditures on a year-by-year basis, including a statement of each Federal agency or entity's responsibility for costs and available resources, for each stage of development from the basic research stage through the demonstration and implementation phase;CommentsClose CommentsPermalink





`(E) a clear explanation of how each step in the development of the Next Generation Air Transportation System will lead to the following step and of the implications of not successfully completing a step in the time period described in the integrated work plan;CommentsClose CommentsPermalink





`(F) a transition plan for the implementation of the Next Generation Air Transportation System that includes date-specific milestones for the implementation of new capabilities into the national airspace system; andCommentsClose CommentsPermalink





`(G) date-specific timetables for meeting the environmental goals identified in subsection (a)(3)(I).'.CommentsClose CommentsPermalink





(c) Operational Evolution Partnership- Section 709(d) of such Act (117 Stat. 2584) is amended to read as follows:CommentsClose CommentsPermalink





`(d) Operational Evolution Partnership- The Administrator of the Federal Aviation Administration shall develop and publish annually the document known as the `Operational Evolution Partnership', or any successor document, that provides a detailed description of how the agency is implementing the Next Generation Air Transportation System.'.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- Section 709(e) of such Act (117 Stat. 2584) is amended by striking `2010' and inserting `2011'.CommentsClose CommentsPermalink





(e) Contingency Planning- The Associate Administrator for the Next Generation Air Transportation System shall, as part of the design of the System, develop contingency plans for dealing with the degradation of the System in the event of a natural disaster, major equipment failure, or act of terrorism.CommentsClose CommentsPermalink

SEC. 203. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.

(a) Meetings- Section 710(a) of Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2584) is amended by inserting before the period at the end the following `and shall meet at least twice each year'.CommentsClose CommentsPermalink





(b) Annual Report- Section 710 of such Act (117 Stat. 2584) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(e) Annual Report-CommentsClose CommentsPermalink





`(1) SUBMISSION TO CONGRESS- Not later than one year after the date of enactment of this subsection, and annually thereafter on the date of submission of the President's budget request to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the progress made in carrying out the integrated work plan required by section 709(b)(5) and any changes in that plan.CommentsClose CommentsPermalink





`(2) CONTENTS- The report shall include--CommentsClose CommentsPermalink





`(A) a copy of the updated integrated work plan;CommentsClose CommentsPermalink





`(B) a description of the progress made in carrying out the integrated work plan and any changes in that plan, including any changes based on funding shortfalls and limitations set by the Office of Management and Budget;CommentsClose CommentsPermalink





`(C) a detailed description of--CommentsClose CommentsPermalink





`(i) the success or failure of each item of the integrated work plan for the previous year and relevant information as to why any milestone was not met; andCommentsClose CommentsPermalink





`(ii) the impact of not meeting the milestone and what actions will be taken in the future to account for the failure to complete the milestone;CommentsClose CommentsPermalink





`(D) an explanation of any change to future years in the integrated work plan and the reasons for such change; andCommentsClose CommentsPermalink





`(E) an identification of the levels of funding for each agency participating in the integrated work plan devoted to programs and activities under the plan for the previous fiscal year and in the President's budget request.'.CommentsClose CommentsPermalink

SEC. 204. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST SERVICES.

(a) Report on FAA Program and Schedule-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator of the Federal Aviation Administration shall prepare a report detailing the program and schedule for integrating automatic dependent surveillance-broadcast (in this section referred to as `ADS-B') technology into the national airspace system.CommentsClose CommentsPermalink





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





(A) a description of segment 1 and segment 2 activity to acquire ADS-B services;CommentsClose CommentsPermalink





(B) a description of plans for implementation of advanced operational procedures and ADS-B air-to-air applications; andCommentsClose CommentsPermalink





(C) a discussion of protections that the Administration will require as part of any contract or program in the event of a contractor's default, bankruptcy, acquisition by another entity, or any other event jeopardizing the uninterrupted provision of ADS-B services.CommentsClose CommentsPermalink





(3) SUBMISSION TO CONGRESS- Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report prepared under paragraph (1).CommentsClose CommentsPermalink





(b) Requirements of FAA Contracts for ADS-B Services- Any contract entered into by the Administrator with an entity to acquire ADS-B services shall contain terms and conditions that--CommentsClose CommentsPermalink





(1) require approval by the Administrator before the contract may be assigned to or assumed by another entity, including any successor entity, subsidiary of the contractor, or other corporate entity;CommentsClose CommentsPermalink





(2) provide that the assets, equipment, hardware, and software used in the performance of the contract be designated as critical national infrastructure for national security and related purposes;CommentsClose CommentsPermalink





(3) require the contractor to provide continued broadcast services for a reasonable period, as determined by the Administrator, until the provision of such services can be transferred to another vendor or to the Government in the event of a termination of the contract;CommentsClose CommentsPermalink





(4) require the contractor to provide continued broadcast services for a reasonable period, as determined by the Administrator, until the provision of such services can be transferred to another vendor or to the Government in the event of material nonperformance, as determined by the Administrator; andCommentsClose CommentsPermalink





(5) permit the Government to acquire or utilize for a reasonable period, as determined by the Administrator, the assets, equipment, hardware, and software necessary to ensure the continued and uninterrupted provision of ADS-B services and to have ready access to such assets, equipment, hardware, and software through its own personnel, agents, or others, if the Administrator provides reasonable compensation for such acquisition or utilization.CommentsClose CommentsPermalink





(c) Review by DOT Inspector General-CommentsClose CommentsPermalink





(1) IN GENERAL- The Inspector General of the Department of Transportation shall conduct a review concerning the Federal Aviation Administration's award and oversight of any contract entered into by the Administration to provide ADS-B services for the national airspace system.CommentsClose CommentsPermalink





(2) CONTENTS- The review shall include, at a minimum--CommentsClose CommentsPermalink





(A) an examination of how program risks are being managed;CommentsClose CommentsPermalink





(B) an assessment of expected benefits attributable to the deployment of ADS-B services, including the implementation of advanced operational procedures and air-to-air applications as well as to the extent to which ground radar will be retained;CommentsClose CommentsPermalink





(C) a determination of whether the Administration has established sufficient mechanisms to ensure that all design, acquisition, operation, and maintenance requirements have been met by the contractor;CommentsClose CommentsPermalink





(D) an assessment of whether the Administration and any contractors are meeting cost, schedule, and performance milestones, as measured against the original baseline of the Administration's program for providing ADS-B services;CommentsClose CommentsPermalink





(E) an assessment of whether security issues are being adequately addressed in the overall design and implementation of the ADS-B system; andCommentsClose CommentsPermalink





(F) any other matters or aspects relating to contract implementation and oversight that the Inspector General determines merit attention.CommentsClose CommentsPermalink





(3) REPORTS TO CONGRESS- The Inspector General shall periodically, on at least an annual basis, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this subsection.CommentsClose CommentsPermalink

SEC. 205. INCLUSION OF STAKEHOLDERS IN AIR TRAFFIC CONTROL MODERNIZATION PROJECTS.

(a) In General- The Administrator of the Federal Aviation Administration shall establish a process for including in the planning, development, and deployment of air traffic control modernization projects (including the Next Generation Air Transportation System) and collaborating with qualified employees selected by each exclusive collective bargaining representative of employees of the Administration who are likely to be impacted by such planning, development, and deployment.CommentsClose CommentsPermalink





(b) Participation-CommentsClose CommentsPermalink





(1) BARGAINING OBLIGATIONS AND RIGHTS- Participation in the process described in subsection (a) shall not be construed as a waiver of any bargaining obligations or rights under section 40122(a)(1) or 40122(g)(2)(C) of title 49, United States Code.CommentsClose CommentsPermalink





(2) CAPACITY AND COMPENSATION- Exclusive collective bargaining representatives and selected employees participating in the process described in subsection (a) shall--CommentsClose CommentsPermalink





(A) serve in a collaborative and advisory capacity; andCommentsClose CommentsPermalink





(B) receive appropriate travel and per diem expenses in accordance with the travel policies of the Administration in addition to any regular compensation and benefits.CommentsClose CommentsPermalink





(c) Report- Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of this section.CommentsClose CommentsPermalink

SEC. 206. GAO REVIEW OF CHALLENGES ASSOCIATED WITH TRANSFORMING TO THE NEXT GENERATION AIR TRANSPORTATION SYSTEM.

(a) In General- The Comptroller General shall conduct a review of the progress and challenges associated with transforming the Nation's air traffic control system into the Next Generation Air Transportation System (in this section referred to as the `NextGen System').CommentsClose CommentsPermalink





(b) Review- The review shall include the following:CommentsClose CommentsPermalink





(1) An evaluation of the continued implementation and institutionalization of the processes that are key to the ability of the Air Traffic Organization to effectively maintain management structures and systems acquisitions procedures utilized under the current air traffic control modernization program as a basis for the NextGen System.CommentsClose CommentsPermalink





(2) An assessment of the progress and challenges associated with collaboration and contributions of the partner agencies working with the Joint Planning and Development Office of the Federal Aviation Administration (in this section referred to as the `JPDO') in planning and implementing the NextGen System.CommentsClose CommentsPermalink





(3) The progress and challenges associated with coordinating government and industry stakeholders in activities relating to the NextGen System, including an assessment of the contributions of the NextGen Institute.CommentsClose CommentsPermalink





(4) An assessment of planning and implementation of the NextGen System against established schedules, milestones, and budgets.CommentsClose CommentsPermalink





(5) An evaluation of the recently modified organizational structure of the JPDO.CommentsClose CommentsPermalink





(6) An examination of transition planning by the Air Traffic Organization and the JPDO.CommentsClose CommentsPermalink





(7) Any other matters or aspects of planning and coordination of the NextGen System by the Federal Aviation Administration and the JPDO that the Comptroller General determines appropriate.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) REPORT TO CONGRESS ON PRIORITIES- Not later than one year after the date of enactment of this Act, the Comptroller General shall determine the priority of topics to be reviewed under this section and report such priorities to the Committee on Transportation and Infrastructure and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink





(2) PERIODIC REPORTS TO CONGRESS ON RESULTS OF THE REVIEW- The Comptroller General shall periodically submit to the committees referred to in paragraph (1) a report on the results of the review conducted under this section.CommentsClose CommentsPermalink

SEC. 207. GAO REVIEW OF NEXT GENERATION AIR TRANSPORTATION SYSTEM ACQUISITION AND PROCEDURES DEVELOPMENT.

(a) Study- The Comptroller General shall conduct a review of the progress made and challenges related to the acquisition of designated technologies and the development of procedures for the Next Generation Air Transportation System (in this section referred to as the `NextGen System').CommentsClose CommentsPermalink





(b) Specific Systems Review- The review shall include, at a minimum, an examination of the acquisition costs, schedule, and other relevant considerations for the following systems:CommentsClose CommentsPermalink





(1) En Route Automation Modernization (ERAM).CommentsClose CommentsPermalink





(2) Standard Terminal Automation Replacement System/Common Automated Radar Terminal System (STARS/CARTS).CommentsClose CommentsPermalink





(3) Automatic Dependent Surveillance-Broadcast (ADS-B).CommentsClose CommentsPermalink





(4) System Wide Information Management (SWIM).CommentsClose CommentsPermalink





(5) Traffic Flow Management Modernization (TFM-M).CommentsClose CommentsPermalink





(c) Review- The review shall include, at a minimum, an assessment of the progress and challenges related to the development of standards, regulations, and procedures that will be necessary to implement the NextGen System, including required navigation performance, area navigation, the airspace management program, and other programs and procedures that the Comptroller General identifies as relevant to the transformation of the air traffic system.CommentsClose CommentsPermalink





(d) Periodic Reports to Congress on Results of the Review- The Comptroller General shall periodically submit to the Committee on Transportation and Infrastructure and the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this section.CommentsClose CommentsPermalink

SEC. 208. DOT INSPECTOR GENERAL REVIEW OF OPERATIONAL AND APPROACH PROCEDURES BY A THIRD PARTY.

(a) Review- The Inspector General of the Department of Transportation shall conduct a review regarding the effectiveness of the oversight activities conducted by the Federal Aviation Administration in connection with any agreement with or delegation of authority to a third party for the development of flight procedures for the national airspace system.CommentsClose CommentsPermalink





(b) Assessments- The Inspector General shall include, at a minimum, in the review--CommentsClose CommentsPermalink





(1) an assessment of the extent to which the Federal Aviation Administration is relying or intends to rely on a third party for the development of new procedures and a determination of whether the Administration has established sufficient mechanisms and staffing to provide safety oversight of a third party; andCommentsClose CommentsPermalink





(2) an assessment regarding whether the Administration has sufficient existing personnel and technical resources or mechanisms to develop such flight procedures in a safe and efficient manner to meet the demands of the national airspace system without the use of third party resources.CommentsClose CommentsPermalink





(c) Report- Not later than one year after the date of enactment of this Act, the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this section, including the assessments described in subsection (b).CommentsClose CommentsPermalink

SEC. 209. EXPERT REVIEW OF ENTERPRISE ARCHITECTURE FOR NEXT GENERATION AIR TRANSPORTATION SYSTEM.

(a) Review- The Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Research Council to review the enterprise architecture for the Next Generation Air Transportation System.CommentsClose CommentsPermalink





(b) Contents- At a minimum, the review to be conducted under subsection (a) shall--CommentsClose CommentsPermalink





(1) highlight the technical activities, including human-system design, organizational design, and other safety and human factor aspects of the system, that will be necessary to successfully transition current and planned modernization programs to the future system envisioned by the Joint Planning and Development Office of the Administration;CommentsClose CommentsPermalink





(2) assess technical, cost, and schedule risk for the software development that will be necessary to achieve the expected benefits from a highly automated air traffic management system and the implications for ongoing modernization projects; andCommentsClose CommentsPermalink





(3) include judgments on how risks with automation efforts for the Next Generation Air Transportation System can be mitigated based on the experiences of other public or private entities in developing complex, software-intensive systems.CommentsClose CommentsPermalink





(c) Report- Not later than one year after the date of enactment of this Act, the Administrator shall submit to Congress a report containing the results of the review conducted pursuant to subsection (a).CommentsClose CommentsPermalink

SEC. 210. NEXTGEN TECHNOLOGY TESTBED.

Of amounts appropriated under section 48101(a) of title 49, United States Code, the Administrator of the Federal Aviation Administration shall use such sums as may be necessary for each of the fiscal years 2008 through 2011 to contribute to the establishment by a public-private partnership (including a university component with significant aviation expertise in air traffic management, simulation, meteorology, and engineering and aviation business) an airport-based testing site for existing Next Generation Air Transport System technologies. The Administrator shall ensure that next generation air traffic control integrated systems developed by private industries are installed at the site for demonstration, operational research, and evaluation by the Administration. The testing site shall serve a mix of general aviation and commercial traffic.CommentsClose CommentsPermalink

SEC. 211. CLARIFICATION OF AUTHORITY TO ENTER INTO REIMBURSABLE AGREEMENTS.

Section 106(m) is amended in the last sentence by inserting `with or' before `without reimbursement'.CommentsClose CommentsPermalink

SEC. 212. DEFINITION OF AIR NAVIGATION FACILITY.

Section 40102(a)(4) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraph (D) as subparagraph (E);CommentsClose CommentsPermalink





(2) by striking subparagraphs (B) and (C) and inserting the following:CommentsClose CommentsPermalink





`(B) runway lighting and airport surface visual and other navigation aids;CommentsClose CommentsPermalink





`(C) aeronautical and meteorological information to air traffic control facilities or aircraft;CommentsClose CommentsPermalink





`(D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications;';CommentsClose CommentsPermalink





(3) in subparagraph (E) (as redesignated by paragraph (1) of this section)--CommentsClose CommentsPermalink





(A) by striking `another structure' and inserting `any structure, equipment,'; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





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





`(F) buildings, equipment, and systems dedicated to the national airspace system.'.CommentsClose CommentsPermalink

SEC. 213. IMPROVED MANAGEMENT OF PROPERTY INVENTORY.

Section 40110(a)(2) is amended by striking `compensation' and inserting `compensation, and the amount received shall be credited as an offsetting collection to the account from which the amount was expended and shall remain available until expended'.CommentsClose CommentsPermalink

SEC. 214. CLARIFICATION TO ACQUISITION REFORM AUTHORITY.

Section 40110(c) is amended--CommentsClose CommentsPermalink





(1) by striking the semicolon at the end of paragraph (3) and inserting `; and';CommentsClose CommentsPermalink





(2) by striking paragraph (4); andCommentsClose CommentsPermalink





(3) by redesignating paragraph (5) as paragraph (4).CommentsClose CommentsPermalink

SEC. 215. ASSISTANCE TO FOREIGN AVIATION AUTHORITIES.

Section 40113(e) is amended--CommentsClose CommentsPermalink





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





(A) by inserting `public and private' before `foreign aviation authorities'; andCommentsClose CommentsPermalink





(B) by striking the period at the end of the first sentence and inserting `or efficiency. The Administrator may participate in, and submit offers in response to, competitions to provide such services and may contract with foreign aviation authorities to provide such services consistent with section 106(l)(6). Notwithstanding any other provision of law or policy, the Administrator may accept payments received under this subsection in arrears.'; andCommentsClose CommentsPermalink





(2) in paragraph (3) by striking `credited' and all that follows through the period at the end and inserting `credited as an offsetting collection to the account from which the expenses were incurred in providing such services and shall remain available until expended.'.CommentsClose CommentsPermalink

SEC. 216. FRONT LINE MANAGER STAFFING.

(a) Study- Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a study on front line manager staffing requirements in air traffic control facilities.CommentsClose CommentsPermalink





(b) Considerations- In conducting the study, the Administrator shall take into consideration--CommentsClose CommentsPermalink





(1) the number of supervisory positions of operation requiring watch coverage in each air traffic control facility;CommentsClose CommentsPermalink





(2) coverage requirements in relation to traffic demand;CommentsClose CommentsPermalink





(3) facility type;CommentsClose CommentsPermalink





(4) complexity of traffic and managerial responsibilities;CommentsClose CommentsPermalink





(5) proficiency and training requirements; andCommentsClose CommentsPermalink





(6) such other factors as the Administrator considers appropriate.CommentsClose CommentsPermalink





(c) Determinations- The Administrator shall transmit any determinations made as a result of the study to the Chief Operating Officer for the air traffic control system.CommentsClose CommentsPermalink





(d) Report- Not later than one year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study and a description of any determinations submitted to the Chief Operating Officer under subsection (c).CommentsClose CommentsPermalink

SEC. 217. FLIGHT SERVICE STATIONS.

(a) Establishment of Monitoring System- Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop and implement a monitoring system for flight service specialist staffing and training under service contracts for flight service stations.CommentsClose CommentsPermalink





(b) Components- At a minimum, the monitoring system shall include mechanisms to monitor--CommentsClose CommentsPermalink





(1) flight specialist staffing plans for individual facilities;CommentsClose CommentsPermalink





(2) actual staffing levels for individual facilities;CommentsClose CommentsPermalink





(3) the initial and recurrent certification and training of flight service specialists on the safety, operational, and technological aspects of flight services, including any certification and training necessary to meet user demand; andCommentsClose CommentsPermalink





(4) system outages, excessive hold times, dropped calls, poor quality briefings, and any other safety or customer service issues under a contract for flight service station services.CommentsClose CommentsPermalink





(c) Report to Congress- Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing--CommentsClose CommentsPermalink





(1) a description of monitoring system;CommentsClose CommentsPermalink





(2) if the Administrator determines that contractual changes or corrective actions are required for the Administration to ensure that the vendor under a contract for flight service station services provides safe and high quality service to consumers, a description of the changes or actions required; andCommentsClose CommentsPermalink





(3) a description of the contingency plans of the Administrator and the protections that the Administrator will have in place to provide uninterrupted flight service station services in the event of--CommentsClose CommentsPermalink





(A) material non-performance of the contract;CommentsClose CommentsPermalink





(B) a vendor's default, bankruptcy, or acquisition by another entity; orCommentsClose CommentsPermalink





(C) any other event that could jeopardize the uninterrupted provision of flight service station services.CommentsClose CommentsPermalink

SEC. 218. NEXTGEN RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.

(a) Establishment- Of the amount appropriated under section 48101(a) of title 49, United States Code, the Administrator of the Federal Aviation Administration shall use such sums as may be necessary for each of fiscal years 2008 through 2011 to contribute to the establishment of a center of excellence for the research and development of Next Generation Air Transportation System technologies.CommentsClose CommentsPermalink





(b) Functions- The center established under subsection (a) shall--CommentsClose CommentsPermalink





(1) leverage the centers of excellence program of the Federal Aviation Administration, as well as other resources and partnerships, to enhance the development of Next Generation Air Transportation System technologies within academia and industry; andCommentsClose CommentsPermalink





(2) provide educational, technical, and analytical assistance to the Federal Aviation Administration and other Federal agencies with responsibilities to research and develop Next Generation Air Transportation System technologies.CommentsClose CommentsPermalink

SEC. 219. AIRSPACE REDESIGN.

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





(1) The airspace redesign efforts of the Federal Aviation Administration will play a critical near-term role in enhancing capacity, reducing delays, transitioning to more flexible routing, and ultimately saving money in fuel costs for airlines and airspace users.CommentsClose CommentsPermalink





(2) The critical importance of airspace redesign efforts is underscored by the fact that they are highlighted in strategic plans of the Administration, including Flight Plan 2008-2012 and the document known as the `Operational Evolution Partnership'.CommentsClose CommentsPermalink





(3) Funding cuts have led to delays and deferrals of critical capacity enhancing airspace redesign efforts.CommentsClose CommentsPermalink





(4) Several new runways planned for the period of fiscal years 2008 to 2011 will not provide estimated capacity benefits without additional funds.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- In addition to amounts authorized by section 106(k) of title 49, United States Code, there are authorized to be appropriated to the Administrator of the Federal Aviation Administration $2,300,000 for fiscal year 2008, $14,500,000 for fiscal year 2009, $20,000,000 for fiscal year 2010, and $20,000,000 for fiscal year 2011 to carry out such airspace redesign initiatives as the Administrator determines appropriate.CommentsClose CommentsPermalink





(c) Additional Amounts- Of the amounts appropriated under section 48101(a) of such title, the Administrator may use $5,000,000 for fiscal year 2008, $5,000,000 for fiscal year 2009, $5,000,000 for fiscal year 2010, and $5,000,000 for fiscal year 2011 to carry out such airspace redesign initiatives as the Administrator determines appropriate.CommentsClose CommentsPermalink

TITLE III--SAFETY

Subtitle A--General Provisions

SEC. 301. AGE STANDARDS FOR PILOTS.

(a) In General- Chapter 447 is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 44729. Age standards for pilots

`(a) In General- Subject to the limitation in subsection (c), a pilot may serve in multicrew covered operations until attaining 65 years of age.CommentsClose CommentsPermalink





`(b) Covered Operations Defined- In this section, the term `covered operations' means operations under part 121 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink





`(c) Limitation for International Flights-CommentsClose CommentsPermalink





`(1) APPLICABILITY OF ICAO STANDARD- A pilot who has attained 60 years of age may serve as pilot-in-command in covered operations between the United States and another country only if there is another pilot in the flight deck crew who has not yet attained 60 years of age.CommentsClose CommentsPermalink





`(2) SUNSET OF LIMITATION- Paragraph (1) shall cease to be effective on such date as the Convention on International Civil Aviation provides that a pilot who has attained 60 years of age may serve as pilot-in-command in international commercial operations without regard to whether there is another pilot in the flight deck crew who has not attained age 60.CommentsClose CommentsPermalink





`(d) Sunset of Age-60 Retirement Rule- On and after the date of enactment of this section, section 121.383(c) of title 14, Code of Federal Regulations, shall cease to be effective.CommentsClose CommentsPermalink





`(e) Applicability-CommentsClose CommentsPermalink





`(1) NONRETROACTIVITY- No person who has attained 60 years of age before the date of enactment of this section may serve as a pilot for an air carrier engaged in covered operations unless--CommentsClose CommentsPermalink





`(A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; orCommentsClose CommentsPermalink





`(B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier.CommentsClose CommentsPermalink





`(2) PROTECTION FOR COMPLIANCE- An action taken in conformance with this section, taken in conformance with a regulation issued to carry out this section, or taken prior to the date of enactment of this section in conformance with section 121.383(c) of title 14, Code of Federal Regulations (as in effect before such date of enactment), may not serve as a basis for liability or relief in a proceeding before any court or agency of the United States or of any State or locality.CommentsClose CommentsPermalink





`(f) Amendments to Labor Agreements and Benefit Plans- Any amendment to a labor agreement or benefit plan of an air carrier that is required to conform with the requirements of this section or a regulation issued to carry out this section, and is applicable to pilots represented for collective bargaining, shall be made by agreement of the air carrier and the designated bargaining representative of the pilots of the air carrier.CommentsClose CommentsPermalink





`(g) Medical Standards and Records-CommentsClose CommentsPermalink





`(1) MEDICAL EXAMINATIONS AND STANDARDS- Except as provided by paragraph (2), a person serving as a pilot for an air carrier engaged in covered operations shall not be subject to different medical standards, or different, greater, or more frequent medical examinations, on account of age unless the Secretary determines (based on data received or studies published after the date of enactment of this section) that different medical standards, or different, greater, or more frequent medical examinations, are needed to ensure an adequate level of safety in flight.CommentsClose CommentsPermalink





`(2) DURATION OF FIRST-CLASS MEDICAL CERTIFICATE- No person who has attained 60 years of age may serve as a pilot of an air carrier engaged in covered operations unless the person has a first-class medical certificate. Such a certificate shall expire on the last day of the 6-month period following the date of examination shown on the certificate.CommentsClose CommentsPermalink





`(h) Safety-CommentsClose CommentsPermalink





`(1) TRAINING- Each air carrier engaged in covered operations shall continue to use pilot training and qualification programs approved by the Federal Aviation Administration, with specific emphasis on initial and recurrent training and qualification of pilots who have attained 60 years of age, to ensure continued acceptable levels of pilot skill and judgment.CommentsClose CommentsPermalink





`(2) LINE EVALUATIONS- Not later than 6 months after the date of enactment of this section, and every 6 months thereafter, an air carrier engaged in covered operations shall evaluate the performance of each pilot of the air carrier who has attained 60 years of age through a line check of such pilot. Notwithstanding the preceding sentence, an air carrier shall not be required to conduct for a 6-month period a line check under this paragraph of a pilot serving as second in command if the pilot has undergone a regularly scheduled simulator evaluation during that period.CommentsClose CommentsPermalink





`(3) GAO REPORT- Not later than 24 months after the date of enactment of this section, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report concerning the effect, if any, on aviation safety of the modification to pilot age standards made by subsection (a).'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such chapter is amended by adding at the end the following:CommentsClose CommentsPermalink





`44729. Age standards for pilots.'.CommentsClose CommentsPermalink

SEC. 302. JUDICIAL REVIEW OF DENIAL OF AIRMAN CERTIFICATES.

(a) Judicial Review of NTSB Decisions- Section 44703(d) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(3) JUDICIAL REVIEW- A person who is substantially affected by an order of the Board under this subsection, or the Administrator if the Administrator decides that an order of the Board will have a significant adverse impact on carrying out this subtitle, may seek judicial review of the order under section 46110. The Administrator shall be made a party to the judicial review proceedings. The findings of fact of the Board in any such case are conclusive if supported by substantial evidence.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 1153(c) is amended by striking `section 44709 or' and inserting `section 44703(d), 44709, or'.CommentsClose CommentsPermalink

SEC. 303. RELEASE OF DATA RELATING TO ABANDONED TYPE CERTIFICATES AND SUPPLEMENTAL TYPE CERTIFICATES.

(a) Release of Data- Section 44704(a) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(5) RELEASE OF DATA-CommentsClose CommentsPermalink





`(A) IN GENERAL- Notwithstanding any other provision of law, the Administrator may make available upon request to a person seeking to maintain the airworthiness of an aircraft, engine, propeller, or appliance, engineering data in the possession of the Administration relating to a type certificate or a supplemental type certificate for such aircraft, engine, propeller, or appliance, without the consent of the owner of record, if the Administrator determines that--CommentsClose CommentsPermalink





`(i) the certificate containing the requested data has been inactive for 3 or more years;CommentsClose CommentsPermalink





`(ii) after using due diligence, the Administrator is unable to find the owner of record, or the owner of record's heir, of the type certificate or supplemental certificate; andCommentsClose CommentsPermalink





`(iii) making such data available will enhance aviation safety.CommentsClose CommentsPermalink





`(B) ENGINEERING DATA DEFINED- In this section, the term `engineering data' as used with respect to an aircraft, engine, propeller, or appliance means type design drawing and specifications for the entire aircraft, engine, propeller, or appliance or change to the aircraft, engine, propeller, or appliance, including the original design data, and any associated supplier data for individual parts or components approved as part of the particular certificate for the aircraft engine, propeller, or appliance.'.CommentsClose CommentsPermalink





(b) Design Organization Certificates- Section 44704(e)(1) is amended by striking `Beginning 7 years after the date of enactment of this subsection,' and inserting `Beginning January 1, 2013,'.CommentsClose CommentsPermalink

SEC. 304. INSPECTION OF FOREIGN REPAIR STATIONS.

(a) In General- Chapter 447 (as amended by section 301 of this Act) is further amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 44730. Inspection of foreign repair stations

`Not later than one year after the date of enactment of this section, and annually thereafter, the Administrator of the Federal Aviation Administration shall: (1) submit to Congress a certification that each foreign repair station that is certified by the Administrator under part 145 of title 14, Code of Federal Regulations, and performs work on air carrier aircraft or components has been inspected by safety inspectors of the Administration not fewer than 2 times in the preceding calendar year; and (2) modify the certification requirements under such part to include testing for the use of alcohol or a controlled substance in accordance with section 45102 of any individual performing a safety-sensitive function at a foreign aircraft repair station, including an individual working at a station of a third-party with whom an air carrier contracts to perform work on air carrier aircraft or components.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such chapter is amended by adding at the end the following:CommentsClose CommentsPermalink





`44730. Inspection of foreign repair stations.'.CommentsClose CommentsPermalink

SEC. 305. RUNWAY SAFETY.

(a) Strategic Runway Safety Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop and submit to Congress a report containing a strategic runway safety plan.CommentsClose CommentsPermalink





(2) CONTENTS OF PLAN- The strategic runway safety plan--CommentsClose CommentsPermalink





(A) shall include, at a minimum--CommentsClose CommentsPermalink





(i) goals to improve runway safety;CommentsClose CommentsPermalink





(ii) near- and longer-term actions designed to reduce the severity, number, and rate of runway incursions;CommentsClose CommentsPermalink





(iii) timeframes and resources needed for the actions described in clause (ii); andCommentsClose CommentsPermalink





(iv) a continuous evaluative process to track performance toward the goals referred to in clause (i); andCommentsClose CommentsPermalink





(B) shall address the increased runway safety risk associated with the expected increased volume of air traffic.CommentsClose CommentsPermalink





(b) Plan for Installation and Deployment of Systems to Provide Alerts of Potential Runway Incursions- Not later than December 31, 2008, the Administrator of the Federal Aviation Administration shall submit to Congress a report containing a plan for the installation and deployment of systems the Administration is installing to alert controllers or flight crews, or both, of potential runway incursions. The plan shall be integrated into the annual Operational Evolution Partnership document of the Administration or any successor document.CommentsClose CommentsPermalink

SEC. 306. IMPROVED PILOT LICENSES.

(a) In General- Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall begin to issue improved pilot licenses consistent with the requirements of title 49, United States Code, and title 14, Code of Federal Regulations.CommentsClose CommentsPermalink





(b) Requirements- Improved pilots licenses issued under subsection (a) shall--CommentsClose CommentsPermalink





(1) be resistant to tampering, alteration, and counterfeiting;CommentsClose CommentsPermalink





(2) include a photograph of the individual to whom the license is issued; andCommentsClose CommentsPermalink





(3) be capable of accommodating a digital photograph, a biometric identifier, or any other unique identifier that the Administrator considers necessary.CommentsClose CommentsPermalink





(c) Tampering- To the extent practical, the Administrator shall develop methods to determine or reveal whether any component or security feature of a license issued under subsection (a) has been tampered, altered, or counterfeited.CommentsClose CommentsPermalink





(d) Use of Designees- The Administrator may use designees to carry out subsection (a) to the extent feasible in order to minimize the burdens on pilots.CommentsClose CommentsPermalink





(e) Report- Not later than 9 months after the date of enactment of this Act and every 6 months thereafter until September 30, 2011, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the issuance of improved pilot licenses under this section.CommentsClose CommentsPermalink

SEC. 307. AIRCRAFT FUEL TANK SAFETY IMPROVEMENT.

Not later than December 31, 2007, the Administrator of the Federal Aviation Administration shall issue a final rule regarding the reduction of fuel tank flammability in transport category aircraft.CommentsClose CommentsPermalink

SEC. 308. FLIGHT CREW FATIGUE.

(a) In General- Not later than 3 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall conclude arrangements with the National Academy of Sciences for a study of pilot fatigue.CommentsClose CommentsPermalink





(b) Study- The study shall include consideration of--CommentsClose CommentsPermalink





(1) research on pilot fatigue, sleep, and circadian rhythms;CommentsClose CommentsPermalink





(2) sleep and rest requirements of pilots recommended by the National Aeronautics and Space Administration and the National Transportation Safety Board; andCommentsClose CommentsPermalink





(3) Federal Aviation Administration and international standards regarding flight limitations and rest for pilots.CommentsClose CommentsPermalink





(c) Report- Not later than 18 months after initiating the study, the National Academy of Sciences shall submit to the Administrator a report containing its findings and recommendations regarding the study under subsections (a) and (b), including recommendations with respect to Federal Aviation Administration regulations governing flight time limitations and rest requirements for pilots.CommentsClose CommentsPermalink





(d) Rulemaking- After the Administrator receives the report of the National Academy of Sciences, the Administrator shall consider the findings in the report and update as appropriate based on scientific data Federal Aviation Administration regulations governing flight time limitations and rest requirements for pilots.CommentsClose CommentsPermalink





(e) Implementation of Flight Attendant Fatigue Study Recommendations- Not later than 60 days after the date of enactment of this Act, the Administrator shall initiate a process for the Civil Aerospace Medical Institute to carry out its recommendations for further study of the issue of flight attendant fatigue and to submit not later than March 31, 2009, to Congress a report on such process, including an analysis of the following:CommentsClose CommentsPermalink





(1) A survey of field operations of flight attendants.CommentsClose CommentsPermalink





(2) A study of incident reports regarding flight attendant fatigue.CommentsClose CommentsPermalink





(3) Field research on the effects of such fatigue.CommentsClose CommentsPermalink





(4) A validation of models for assessing flight attendant fatigue, international policies, and practices regarding flight limitations and rest of flight attendants, and the potential benefits of training flight attendants regarding such fatigue.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There are authorized to be appropriated such sums as necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 309. OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR FLIGHT ATTENDANTS ON BOARD AIRCRAFT.

(a) In General- Chapter 447 (as amended by section 304 of this Act) is further amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 44731. Occupational safety and health standards for flight attendants on board aircraft

`(a) In General- The Administrator of the Federal Aviation Administration shall prescribe and enforce standards and regulations to ensure the occupational safety and health of individuals serving as flight attendants in the cabin of an aircraft of an air carrier.CommentsClose CommentsPermalink





`(b) Standards and Regulations- Standards and regulations issued under this section shall require each air carrier operating an aircraft in air transportation--CommentsClose CommentsPermalink





`(1) to provide for an environment in the cabin of the aircraft that is free from hazards that could cause physical harm to a flight attendant working in the cabin; andCommentsClose CommentsPermalink





`(2) to meet minimum standards for the occupational safety and health of flight attendants who work in the cabin of the aircraft.CommentsClose CommentsPermalink





`(c) Rulemaking- In carrying out this section, the Administrator shall conduct a rulemaking proceeding to address, at a minimum, the following areas:CommentsClose CommentsPermalink





`(1) Record keeping.CommentsClose CommentsPermalink





`(2) Blood borne pathogens.CommentsClose CommentsPermalink





`(3) Noise.CommentsClose CommentsPermalink





`(4) Sanitation.CommentsClose CommentsPermalink





`(5) Hazard communication.CommentsClose CommentsPermalink





`(6) Anti-discrimination.CommentsClose CommentsPermalink





`(7) Access to employee exposure and medical records.CommentsClose CommentsPermalink





`(8) Temperature standards for the aircraft cabin.CommentsClose CommentsPermalink





`(d) Regulations-CommentsClose CommentsPermalink





`(1) DEADLINE- Not later than 3 years after the date of enactment of this section, the Administrator shall issue final regulations to carry out this section.CommentsClose CommentsPermalink





`(2) CONTENTS- Regulations issued under this subsection shall address each of the issues identified in subsection (c) and others aspects of the environment of an aircraft cabin that may cause illness or injury to a flight attendant working in the cabin.CommentsClose CommentsPermalink





`(3) EMPLOYER ACTIONS TO ADDRESS OCCUPATIONAL SAFETY AND HEALTH HAZARDS- Regulations issued under this subsection shall set forth clearly the circumstances under which an air carrier is required to take action to address occupational safety and health hazards.CommentsClose CommentsPermalink





`(e) Additional Rulemaking Proceedings- After issuing regulations under subsection (c), the Administrator may conduct additional rulemaking proceedings as the Administrator determines appropriate to carry out this section.CommentsClose CommentsPermalink





`(f) Oversight-CommentsClose CommentsPermalink





`(1) CABIN OCCUPATIONAL SAFETY AND HEALTH INSPECTORS- The Administrator shall establish the position of Cabin Occupational Safety and Health Inspector within the Federal Aviation Administration and shall employ individuals with appropriate qualifications and expertise to serve in the position.CommentsClose CommentsPermalink





`(2) RESPONSIBILITIES- Inspectors employed under this subsection shall be solely responsible for conducting proper oversight of air carrier programs implemented under this section.CommentsClose CommentsPermalink





`(g) Consultation- In developing regulations under this section, the Administrator shall consult with the Administrator of the Occupational Safety and Health Administration, labor organizations representing flight attendants, air carriers, and other interested persons.CommentsClose CommentsPermalink





`(h) Safety Priority- In developing and implementing regulations under this section, the Administrator shall give priority to the safe operation and maintenance of an aircraft.CommentsClose CommentsPermalink





`(i) Flight Attendant Defined- In this section, the term `flight attendant' has the meaning given that term by section 44728.CommentsClose CommentsPermalink





`(j) Authorization of Appropriations- There is authorized to be appropriated such sums as may be necessary to carry out this section. Such sums shall remain available until expended.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for chapter 447 is amended by adding at the end the following:CommentsClose CommentsPermalink





`44731. Occupational safety and health standards for flight attendants on board aircraft.'.CommentsClose CommentsPermalink

SEC. 310. AIRCRAFT SURVEILLANCE IN MOUNTAINOUS AREAS.

(a) Establishment- The Administrator of the Federal Aviation Administration may establish a pilot program to improve safety and efficiency by providing surveillance for aircraft flying outside of radar coverage in mountainous areas.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There is authorized to be appropriated such sums as may be necessary to carry out this section. Such sums shall remain available until expended.CommentsClose CommentsPermalink

SEC. 311. OFF-AIRPORT, LOW-ALTITUDE AIRCRAFT WEATHER OBSERVATION TECHNOLOGY.

(a) Study- The Administrator of the Federal Aviation Administration shall conduct a review of off-airport, low-altitude aircraft weather observation technologies.CommentsClose CommentsPermalink





(b) Specific Review- The review shall include, at a minimum, an examination of off-airport, low-altitude weather reporting needs, an assessment of technical alternatives (including automated weather observation stations), an investment analysis, and recommendations for improving weather reporting.CommentsClose CommentsPermalink





(c) Report- Not later than one year after the date of enactment of this Act, the Administrator shall submit to Congress a report containing the results of the review.CommentsClose CommentsPermalink

SEC. 312. NONCERTIFICATED MAINTENANCE PROVIDERS.

(a) Issuance of Regulations- Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue regulations requiring that all covered maintenance work on aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, be performed by individuals in accordance with subsection (b).CommentsClose CommentsPermalink





(b) Persons Authorized to Perform Certain Work- Covered maintenance work for a part 121 air carrier shall only be performed by--CommentsClose CommentsPermalink





(1) an individual employed by the air carrier;CommentsClose CommentsPermalink





(2) an individual employed by another part 121 air carrier;CommentsClose CommentsPermalink





(3) an individual employed by a part 145 repair station; orCommentsClose CommentsPermalink





(4) an individual employed by a company that provides contract maintenance workers to a part 145 repair station or part 121 air carrier, if the individual--CommentsClose CommentsPermalink





(A) meets the requirements of the part 145 repair station or the part 121 air carrier;CommentsClose CommentsPermalink





(B) works under the direct supervision and control of the part 145 repair station or part 121 air carrier; andCommentsClose CommentsPermalink





(C) carries out the work in accordance with the part 121 air carrier's maintenance manual and, if applicable, the part 145 certificate holder's repair station and quality control manuals.CommentsClose CommentsPermalink





(c) Plan-CommentsClose CommentsPermalink





(1) DEVELOPMENT- The Administrator shall develop a plan to--CommentsClose CommentsPermalink





(A) require air carriers to identify and provide to the Administrator a complete listing of all noncertificated maintenance providers that perform, before the effective date of the regulations to be issued under subsection (a), covered maintenance work on aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations;CommentsClose CommentsPermalink





(B) validate the lists that air carriers provide under subparagraph (A) by sampling air carrier records, such as maintenance activity reports and general vendor listings; andCommentsClose CommentsPermalink





(C) include surveillance and oversight by field inspectors of the Federal Aviation Administration for all noncertificated maintenance providers that perform covered maintenance work on aircraft used to provide air transportation in accordance with such part 121.CommentsClose CommentsPermalink





(2) REPORT TO CONGRESS- Not later than 6 months after the date of enactment of this Act, the Administrator shall transmit to Congress a report containing the plan developed under paragraph (1).CommentsClose CommentsPermalink





(d) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink





(1) COVERED MAINTENANCE WORK- The term `covered maintenance work' means maintenance work that is substantial, regularly-scheduled, or a required inspection item, as determined by the Administrator.CommentsClose CommentsPermalink





(2) PART 121 AIR CARRIER- The term `part 121 air carrier' means an air carrier that holds a certificate issued under part 121 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink





(3) PART 145 REPAIR STATION- The term `part 145 repair station' means a repair station that holds a certificate issued under part 145 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink





(4) NONCERTIFICATED MAINTENANCE PROVIDER- The term `noncertificated maintenance provider' means a maintenance provider that does not hold a certificate issued under part 121 or part 145 of title 14 Code of Federal Regulations.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated such sums as may be necessary for the Administrator to hire additional field safety inspectors to ensure adequate and timely inspection of maintenance providers that perform covered maintenance work.CommentsClose CommentsPermalink

SEC. 313. AIRCRAFT RESCUE AND FIREFIGHTING STANDARDS.

(a) Rulemaking Proceeding- Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a rulemaking proceeding for the purpose of issuing a proposed and final rule that revises the aircraft rescue and firefighting standards (`ARFF') under part 139 of title 14, Code of Federal Regulations, to improve the protection of the traveling public, other persons, aircraft, buildings, and the environment from fires and hazardous materials incidents.CommentsClose CommentsPermalink





(b) Contents of Proposed and Final Rule- The proposed and final rule to be issued under subsection (a) shall address the following:CommentsClose CommentsPermalink





(1) The mission of aircraft rescue and firefighting personnel, including responsibilities for passenger egress in the context of other Administration requirements.CommentsClose CommentsPermalink





(2) The proper level of staffing.CommentsClose CommentsPermalink





(3) The timeliness of a response.CommentsClose CommentsPermalink





(4) The handling of hazardous materials incidents at airports.CommentsClose CommentsPermalink





(5) Proper vehicle deployment.CommentsClose CommentsPermalink





(6) The need for equipment modernization.CommentsClose CommentsPermalink





(c) Consistency With Voluntary Consensus Standards- The proposed and final rule issued under subsection (a) shall be, to the extent practical, consistent with national voluntary consensus standards for aircraft rescue and firefighting services at airports.CommentsClose CommentsPermalink





(d) Assessments of Potential Impacts- In the rulemaking proceeding initiated under subsection (a), the Administrator shall assess the potential impact of any revisions to the firefighting standards on airports and air transportation service.CommentsClose CommentsPermalink





(e) Inconsistency With Standards- If the proposed or final rule issued under subsection (a) is not consistent with national voluntary consensus standards for aircraft rescue and firefighting services at airports, the Administrator shall submit to the Office of Management and Budget an explanation of the reasons for such inconsistency in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783).CommentsClose CommentsPermalink





(f) Final Rule- Not later than 24 months after the date of enactment of this Act, the Administrator shall issue the final rule required by subsection (a).CommentsClose CommentsPermalink

Subtitle B--Unmanned Aircraft Systems

SEC. 321. COMMERCIAL UNMANNED AIRCRAFT SYSTEMS INTEGRATION PLAN.

(a) Integration Plan-CommentsClose CommentsPermalink





(1) COMPREHENSIVE PLAN- Not later than 9 months after the date of enactment of this Act, the Secretary, in consultation with representatives of the aviation industry, shall develop a comprehensive plan to safely integrate commercial unmanned aircraft systems into the national airspace system.CommentsClose CommentsPermalink





(2) MINIMUM REQUIREMENTS- In developing the plan under paragraph (1), the Secretary shall, at a minimum--CommentsClose CommentsPermalink





(A) review technologies and research that will assist in facilitating the safe integration of commercial unmanned aircraft systems into the national airspace system;CommentsClose CommentsPermalink





(B) provide recommendations for the rulemaking to be conducted under subsection (b) to--CommentsClose CommentsPermalink





(i) define the acceptable standards for operations and certification of commercial unmanned aircraft systems;CommentsClose CommentsPermalink





(ii) ensure that any commercial unmanned aircraft system includes a detect, sense, and avoid capability; andCommentsClose CommentsPermalink





(iii) develop standards and requirements for the operator or programmer of a commercial unmanned aircraft system, including standards and requirements for registration and licensing;CommentsClose CommentsPermalink





(C) recommend how best to enhance the technologies and subsystems necessary to effect the safe and routine operations of commercial unmanned aircraft systems in the national airspace system; andCommentsClose CommentsPermalink





(D) recommend how a phased-in approach to the integration of commercial unmanned aircraft systems into the national airspace system can best be achieved and a timeline upon which such a phase-in shall occur.CommentsClose CommentsPermalink





(3) DEADLINE- The plan to be developed under paragraph (1) shall provide for the safe integration of commercial unmanned aircraft systems into the national airspace system as soon as possible, but not later than September 30, 2012.CommentsClose CommentsPermalink





(4) REPORT TO CONGRESS- Not later than one year after the date of enactment of this Act, the Secretary shall submit to Congress a copy of the plan developed under paragraph (1).CommentsClose CommentsPermalink





(b) Rulemaking- Not later than 18 months after the date on which the integration plan is submitted to Congress under subsection (a)(4), the Administrator of the Federal Aviation Administration shall publish in the Federal Register a notice of proposed rulemaking to implement the recommendations of the integration plan.CommentsClose CommentsPermalink





(c) Authorization- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 322. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.

(a) In General- Notwithstanding the requirements of sections 321 and 323, and not later than 6 months after the date of enactment of this Act, the Secretary shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 321 or the guidance required by section 323.CommentsClose CommentsPermalink





(b) Assessment of Unmanned Aircraft Systems- In making the determination under subsection (a), the Secretary shall determine, at a minimum--CommentsClose CommentsPermalink





(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and population areas, and operation within visual line-of-sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; andCommentsClose CommentsPermalink





(2) whether a certificate of authorization or an airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).CommentsClose CommentsPermalink





(c) Requirements for Safe Operation- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.CommentsClose CommentsPermalink

SEC. 323. PUBLIC UNMANNED AIRCRAFT SYSTEMS.

Not later than 9 months after the date of enactment of this Act, the Secretary shall issue guidance regarding the operation of public unmanned aircraft systems to--CommentsClose CommentsPermalink





(1) expedite the issuance of a certificate of authorization process;CommentsClose CommentsPermalink





(2) provide for a collaborative process with public agencies to allow for an incremental expansion of access to the national airspace system as technology matures and the necessary safety analysis and data become available and until standards are completed and technology issues are resolved; andCommentsClose CommentsPermalink





(3) facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation Administration, to test and operate unmanned aircraft systems.CommentsClose CommentsPermalink

SEC. 324. DEFINITIONS.

In this subtitle, the following definitions apply:CommentsClose CommentsPermalink





(1) CERTIFICATE OF AUTHORIZATION- The term `certificate of authorization' means a Federal Aviation Administration grant of approval for a specific flight operation.CommentsClose CommentsPermalink





(2) DETECT, SENSE, AND AVOID CAPABILITY- The term `detect, sense, and avoid capability' means the technical capability to perform separation assurance and collision avoidance, as defined by the Federal Aviation Administration.CommentsClose CommentsPermalink





(3) PUBLIC UNMANNED AIRCRAFT SYSTEM- The term `public unmanned aircraft system' means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft, as defined by section 40102 of title 49, United States Code.CommentsClose CommentsPermalink





(4) SECRETARY- The term `Secretary' means the Secretary of Transportation.CommentsClose CommentsPermalink





(5) TEST RANGE- The term `test range' means a defined geographic area where research and development are conducted.CommentsClose CommentsPermalink





(6) UNMANNED AIRCRAFT- The term `unmanned aircraft' means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.CommentsClose CommentsPermalink





(7) UNMANNED AIRCRAFT SYSTEM- The term `unmanned aircraft system' means an unmanned aircraft and associated elements (such as communication links and a ground control station) that are required to operate safely and efficiently in the national airspace system.CommentsClose CommentsPermalink

TITLE IV--AIR SERVICE IMPROVEMENTS

SEC. 401. MONTHLY AIR CARRIER REPORTS.

(a) In General- Section 41708 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(c) Diverted and Cancelled Flights-CommentsClose CommentsPermalink





`(1) MONTHLY REPORTS- The Secretary shall require an air carrier referred to in paragraph (2) to file with the Secretary a monthly report on each flight of the air carrier that is diverted from its scheduled destination to another airport and each flight of the air carrier that departs the gate at the airport at which the flight originates but is cancelled before wheels-off time.CommentsClose CommentsPermalink





`(2) APPLICABILITY- An air carrier that is required to file a monthly airline service quality performance report under subsection (b) shall be subject to the requirement of paragraph (1).CommentsClose CommentsPermalink





`(3) CONTENTS- A monthly report filed by an air carrier under paragraph (1) shall include, at a minimum, the following information:CommentsClose CommentsPermalink





`(A) For a diverted flight--CommentsClose CommentsPermalink





`(i) the flight number of the diverted flight;CommentsClose CommentsPermalink





`(ii) the scheduled destination of the flight;CommentsClose CommentsPermalink





`(iii) the date and time of the flight;CommentsClose CommentsPermalink





`(iv) the airport to which the flight was diverted;CommentsClose CommentsPermalink





`(v) wheels-on time at the diverted airport;CommentsClose CommentsPermalink





`(vi) the time, if any, passengers deplaned the aircraft at the diverted airport; andCommentsClose CommentsPermalink





`(vii) if the flight arrives at the scheduled destination airport--CommentsClose CommentsPermalink





`(I) the gate-departure time at the diverted airport;CommentsClose CommentsPermalink





`(II) the wheels-off time at the diverted airport;CommentsClose CommentsPermalink





`(III) the wheels-on time at the scheduled arrival airport; andCommentsClose CommentsPermalink





`(IV) the gate arrival time at the scheduled arrival airport.CommentsClose CommentsPermalink





`(B) For flights cancelled after gate departure--CommentsClose CommentsPermalink





`(i) the flight number of the cancelled flight;CommentsClose CommentsPermalink





`(ii) the scheduled origin and destination airports of the cancelled flight;CommentsClose CommentsPermalink





`(iii) the date and time of the cancelled flight;CommentsClose CommentsPermalink





`(iv) the gate-departure time of the cancelled flight; andCommentsClose CommentsPermalink





`(v) the time the aircraft returned to the gate.CommentsClose CommentsPermalink





`(4) PUBLICATION- The Secretary shall compile the information provided in the monthly reports filed pursuant to paragraph (1) in a single monthly report and publish such report on the Web site of the Department of Transportation.'.CommentsClose CommentsPermalink





(b) Effective Date- The Secretary of Transportation shall require monthly reports pursuant to the amendment made by subsection (a) beginning not later than 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 402. FLIGHT OPERATIONS AT REAGAN NATIONAL AIRPORT.

(a) Beyond Perimeter Exemptions- Section 41718(a) is amended by striking `24' and inserting `34'.CommentsClose CommentsPermalink





(b) Limitations- Section 41718(c)(2) is amended by striking `3 operations' and inserting `5 operations'.CommentsClose CommentsPermalink





(c) Allocation of Beyond-Perimeter Exemptions- Section 41718(c) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (3) and (4) as (4) and (5), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





`(3) SLOTS- The Administrator of the Federal Aviation Administration shall reduce the hourly air carrier slot quota for Ronald Reagan Washington National Airport in section 93.123(a) of title 14, Code of Federal Regulations, by a total of 10 slots that are available for allocation. Such reductions shall be taken in the 6:00 a.m., 10:00 p.m., or 11:00 p.m. hours, as determined by the Administrator, in order to grant exemptions under subsection (a).'.CommentsClose CommentsPermalink





(d) Scheduling Priority- Section 41718 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (d) the following:CommentsClose CommentsPermalink





`(e) Scheduling Priority- Operations conducted by new entrant air carriers and limited incumbent air carriers shall be afforded a scheduling priority over operations conducted by other air carriers granted exemptions pursuant to this section, with the highest scheduling priority to be afforded to beyond-perimeter operations conducted by new entrant air carriers and limited incumbent air carriers.'.CommentsClose CommentsPermalink

SEC. 403. EAS CONTRACT GUIDELINES.

Section 41737(a)(1) is amended--CommentsClose CommentsPermalink





(1) by striking `and' at the end of subparagraph (B);CommentsClose CommentsPermalink





(2) in subparagraph (C) by striking `provided.' and inserting `provided;'; andCommentsClose CommentsPermalink





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





`(D) include provisions under which the Secretary may encourage an air carrier to improve air service for which compensation is being paid under this subchapter by incorporating financial incentives in an essential air service contract based on specified performance goals; andCommentsClose CommentsPermalink





`(E) include provisions under which the Secretary may execute a long-term essential air service contract to encourage an air carrier to provide air service to an eligible place if it would be in the public interest to do so.'.CommentsClose CommentsPermalink

SEC. 404. ESSENTIAL AIR SERVICE REFORM.

(a) Authorization of Appropriations- Section 41742(a)(2) is amended by striking `$77,000,000' and inserting `$83,000,000'.CommentsClose CommentsPermalink





(b) Distribution of Excess Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 41742(a) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(4) DISTRIBUTION OF EXCESS FUNDS- Of the funds, if any, credited to the account established under section 45303 in a fiscal year that exceed the $50,000,000 made available for such fiscal year under paragraph (1)--CommentsClose CommentsPermalink





`(A) one-half shall be made available immediately for obligation and expenditure to carry out section 41743; andCommentsClose CommentsPermalink





`(B) one-half shall be made available immediately for obligation and expenditure to carry out subsection (b).'.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- Section 41742(b) is amended--CommentsClose CommentsPermalink





(A) in the first sentence by striking `moneys credited' and all that follows before `shall be used' and inserting `amounts made available under subsection (a)(4)(B)'; andCommentsClose CommentsPermalink





(B) in the second sentence by striking `any amounts from those fees' and inserting `any of such amounts'.CommentsClose CommentsPermalink

SEC. 405. SMALL COMMUNITY AIR SERVICE.

(a) Priorities- Section 41743(c)(5) is amended--CommentsClose CommentsPermalink





(1) by striking `and' at the end of subparagraph (D);CommentsClose CommentsPermalink





(2) in subparagraph (E) by striking `fashion.' and inserting `fashion; and'; andCommentsClose CommentsPermalink





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





`(F) multiple communities cooperate to submit a regional or multistate application to improve air service.'.CommentsClose CommentsPermalink





(b) Extension of Authorization- Section 41743(e)(2) is amended by striking `2008' and inserting `2011'.CommentsClose CommentsPermalink

SEC. 406. AIR PASSENGER SERVICE IMPROVEMENTS.

(a) In General- Subtitle VII is amended by inserting after chapter 421 the following:CommentsClose CommentsPermalink

`CHAPTER 423--AIR PASSENGER SERVICE IMPROVEMENTS

`Sec.CommentsClose CommentsPermalink





`42301. Emergency contingency plans.CommentsClose CommentsPermalink





`42302. Consumer complaints.CommentsClose CommentsPermalink





`42303. Use of insecticides in passenger aircraft.CommentsClose CommentsPermalink

`Sec. 42301. Emergency contingency plans

`(a) Submission of Air Carrier and Airport Plans- Not later than 90 days after the date of enactment of this section, each air carrier providing covered air transportation at a large hub airport or medium hub airport and each operator of a large hub airport or medium hub airport shall submit to the Secretary of Transportation for review and approval an emergency contingency plan in accordance with the requirements of this section.CommentsClose CommentsPermalink





`(b) Covered Air Transportation Defined- In this section, the term `covered air transportation' means scheduled passenger air transportation provided by an air carrier using aircraft with more than 60 seats.CommentsClose CommentsPermalink





`(c) Air Carrier Plans-CommentsClose CommentsPermalink





`(1) PLANS FOR INDIVIDUAL AIRPORTS- An air carrier shall submit an emergency contingency plan under subsection (a) for--CommentsClose CommentsPermalink





`(A) each large hub airport and medium hub airport at which the carrier provides covered air transportation; andCommentsClose CommentsPermalink





`(B) each large hub airport and medium hub airport at which the carrier has flights for which it has primary responsibility for inventory control.CommentsClose CommentsPermalink





`(2) CONTENTS- An emergency contingency plan submitted by an air carrier for an airport under subsection (a) shall contain a description of how the air carrier will--CommentsClose CommentsPermalink





`(A) provide food, water that meets the standards of the Safe Drinking Water Act (42 U.S.C. 300f et seq.), restroom facilities, cabin ventilation, and access to medical treatment for passengers onboard an aircraft at the airport that is on the ground for an extended period of time without access to the terminal;CommentsClose CommentsPermalink





`(B) allow passengers to deplane following excessive delays; andCommentsClose CommentsPermalink





`(C) share facilities and make gates available at the airport in an emergency.CommentsClose CommentsPermalink





`(d) Airport Plans- An emergency contingency plan submitted by an airport operator under subsection (a) shall contain a description of how the airport operator, to the maximum extent practicable, will provide for the deplanement of passengers following excessive delays and will provide for the sharing of facilities and make gates available at the airport in an emergency.CommentsClose CommentsPermalink





`(e) Updates-CommentsClose CommentsPermalink





`(1) AIR CARRIERS- An air carrier shall update the emergency contingency plan submitted by the air carrier under subsection (a) every 3 years and submit the update to the Secretary for review and approval.CommentsClose CommentsPermalink





`(2) AIRPORTS- An airport operator shall update the emergency contingency plan submitted by the airport operator under subsection (a) every 5 years and submit the update to the Secretary for review and approval.CommentsClose CommentsPermalink





`(f) Approval-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 9 months after the date of enactment of this section, the Secretary shall review and approve or require modifications to emergency contingency plans submitted under subsection (a) and updates submitted under subsection (e) to ensure that the plans and updates will effectively address emergencies and provide for the health and safety of passengers.CommentsClose CommentsPermalink





`(2) CIVIL PENALTIES- The Secretary may assess a civil penalty under section 46301 against an air carrier or airport that does not adhere to an emergency contingency plan approved under this subsection.CommentsClose CommentsPermalink





`(g) Minimum Standards- The Secretary may establish, as necessary or desirable, minimum standards for elements in an emergency contingency plan required to be submitted under this section.CommentsClose CommentsPermalink





`(h) Public Access- An air carrier or airport required to submit emergency contingency plans under this section shall ensure public access to such plan after its approval under this section on the Internet Web site of the carrier or airport or by such other means as determined by the Secretary.CommentsClose CommentsPermalink

`Sec. 42302. Consumer complaints

`(a) Consumer Complaints Hotline Telephone Number- The Secretary of Transportation shall establish a consumer complaints hotline telephone number for the use of passengers in air transportation.CommentsClose CommentsPermalink





`(b) Public Notice- The Secretary shall notify the public of the telephone number established under subsection (a).CommentsClose CommentsPermalink





`(c) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section. Such sums shall remain available until expended.CommentsClose CommentsPermalink

`Sec. 42303. Use of insecticides in passenger aircraft

`No air carrier, foreign air carrier, or ticket agent may sell in the United States a ticket for air transportation for a flight on which a insecticide has been applied in the aircraft within the last 60 days or on which an insecticide is planned to be used in the aircraft while passengers are on board the aircraft unless the air carrier, foreign air carrier, or ticket agent selling the ticket first informs the person purchasing the ticket of the application, application, or planned use of the insecticide, including the name of the insecticide.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for subtitle VII is amended by inserting after the item relating to chapter 421 the following:CommentsClose CommentsPermalink

42301'.CommentsClose CommentsPermalink

(c) Penalties- Section 46301 is amended in subsections (a)(1)(A) and (c)(1)(A) by inserting `chapter 423,' after `chapter 421,'.CommentsClose CommentsPermalink





(d) Applicability of Requirements- Except as otherwise specifically provided, the requirements of chapter 423 of title 49, United States Code, as added by this section, shall begin to apply 60 days after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 407. CONTENTS OF COMPETITION PLANS.

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





(1) by striking `patterns of air service,';CommentsClose CommentsPermalink





(2) by inserting `and' before `whether'; andCommentsClose CommentsPermalink





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

SEC. 408. EXTENSION OF COMPETITIVE ACCESS REPORTS.

Section 47107(s)(3) is amended by striking `2008' and inserting `2012'.CommentsClose CommentsPermalink

SEC. 409. CONTRACT TOWER PROGRAM.

(a) Cost-Benefit Requirement- Section 47124(b) is amended--CommentsClose CommentsPermalink





(1) by striking `(1) The Secretary' and inserting the following:CommentsClose CommentsPermalink





`(1) CONTRACT TOWER PROGRAM-CommentsClose CommentsPermalink





`(A) CONTINUATION AND EXTENSION- The Secretary';CommentsClose CommentsPermalink





(2) by adding at the end of paragraph (1) the following:CommentsClose CommentsPermalink





`(B) SPECIAL RULE- If the Secretary determines that a tower already operating under the program continued under this paragraph has a benefit to cost ratio of less than 1.0, the airport sponsor or State or local government having jurisdiction over the airport shall not be required to pay the portion of the costs that exceeds the benefit for a period of 18 months after such determination is made.CommentsClose CommentsPermalink





`(C) USE OF EXCESS FUNDS- If the Secretary finds that all or part of an amount made available to carry out the program continued under this paragraph is not required during a fiscal year, the Secretary may use, during such fiscal year, the amount not so required to carry out the program established under paragraph (3).'; andCommentsClose CommentsPermalink





(3) by striking `(2) The Secretary' and inserting the following:CommentsClose CommentsPermalink





`(2) GENERAL AUTHORITY- The Secretary'.CommentsClose CommentsPermalink





(b) Contract Air Traffic Control Tower Cost-Sharing Program-CommentsClose CommentsPermalink





(1) FUNDING- Section 47124(b)(3)(E) is amended--CommentsClose CommentsPermalink





(A) by striking `and'; andCommentsClose CommentsPermalink





(B) by inserting `, $8,500,000 for fiscal year 2008, $9,000,000 for fiscal year 2009, $9,500,000 for fiscal year 2010, and $10,000,000 for fiscal year 2011' after `2007'.CommentsClose CommentsPermalink





(2) USE OF EXCESS FUNDS- Section 47124(b)(3) is amended--CommentsClose CommentsPermalink





(A) by redesignating subparagraph (E) (as amended by paragraph (1) of this subsection) as subparagraph (F); andCommentsClose CommentsPermalink





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





`(E) USE OF EXCESS FUNDS- If the Secretary finds that all or part of an amount made available under this subparagraph is not required during a fiscal year to carry out this paragraph, the Secretary may use, during such fiscal year, the amount not so required to carry out the program continued under paragraph (1).'.CommentsClose CommentsPermalink





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





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





`(c) Safety Audits- The Secretary shall establish uniform standards and requirements for safety assessments of air traffic control towers that receive funding under this section.'.CommentsClose CommentsPermalink

SEC. 410. AIRFARES FOR MEMBERS OF THE ARMED FORCES.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) the Armed Forces is comprised of approximately 1,400,000 members who are stationed on active duty at more than 6,000 military bases in 146 different countries;CommentsClose CommentsPermalink





(2) the United States is indebted to the members of the Armed Forces, many of whom are in grave danger due to their engagement in, or exposure to, combat;CommentsClose CommentsPermalink





(3) military service, especially in the current war against terrorism, often requires members of the Armed Forces to be separated from their families on short notice, for long periods of time, and under very stressful conditions;CommentsClose CommentsPermalink





(4) the unique demands of military service often preclude members of the Armed Forces from purchasing discounted advance airline tickets in order to visit their loved ones at home; andCommentsClose CommentsPermalink





(5) it is the patriotic duty of the people of the United States to support the members of the Armed Forces who are defending the Nation's interests around the world at great personal sacrifice.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that each United States air carrier should--CommentsClose CommentsPermalink





(1) establish for all members of the Armed Forces on active duty reduced air fares that are comparable to the lowest airfare for ticketed flights; andCommentsClose CommentsPermalink





(2) offer flexible terms that allow members of the Armed Forces on active duty to purchase, modify, or cancel tickets without time restrictions, fees, and penalties.CommentsClose CommentsPermalink

SEC. 411. MEDICAL OXYGEN AND PORTABLE RESPIRATORY ASSISTIVE DEVICES.

Not later than December 31, 2007, the Secretary of Transportation shall issue a final rule regarding the carriage and use of passenger-owned portable electronic respiratory assistive devices and carrier-supplied medical oxygen devices aboard commercial flights to improve accommodations in air travel for passengers with respiratory disabilities.CommentsClose CommentsPermalink

SEC. 412. REPEAL OF ESSENTIAL AIR SERVICE LOCAL PARTICIPATION PROGRAM.

(a) Repeal- Section 41747, and the item relating to such section in the analysis for chapter 417, are repealed.CommentsClose CommentsPermalink





(b) Applicability- Title 49, United States Code, shall be applied as if section 41747 of such title had not been enacted.CommentsClose CommentsPermalink

SEC. 413. GAO STUDY OF ESSENTIAL AIR SERVICE SUBSIDY CAP.

(a) In General- The Comptroller General shall examine how the $200 per passenger subsidy cap, initially established by Public Law 103-122 (107 Stat. 1198; 1201) and made permanent by section 332 of Public Law 106-69 (113 Stat. 1022) to restrict eligibility for funding under the essential air service program, has impacted that program and the access of small communities to air transportation.CommentsClose CommentsPermalink





(b) Study- The study shall include an analysis of the following:CommentsClose CommentsPermalink





(1) The communities that have lost eligibility for subsidized air service under the essential air service program due to the $200 per passenger subsidy cap and the impact, if any, such loss of subsidy has had on the access of such communities to air transportation.CommentsClose CommentsPermalink





(2) The likely effect on the essential air service program if the $200 per passenger subsidy cap is indexed for inflation beginning in 2009.CommentsClose CommentsPermalink





(3) Whether the $200 per passenger subsidy cap has disproportionately impacted communities in certain geographic areas.CommentsClose CommentsPermalink





(4) Alternative methods of measuring the subsidy rate, including the subsidy per passenger per mile.CommentsClose CommentsPermalink





(c) Report to Congress- Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under this section.CommentsClose CommentsPermalink

SEC. 414. NOTICE TO COMMUNITIES PRIOR TO TERMINATION OF ELIGIBILITY FOR SUBSIDIZED ESSENTIAL AIR SERVICE.

Section 41733 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(f) Notice to Communities Prior to Termination of Eligibility-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall notify each community receiving basic essential air service for which compensation is being paid under this subchapter not later than 45 days before issuing any final decision to end the payment of such compensation due to a determination by the Secretary that providing such service requires a rate of subsidy per passenger in excess of the maximum amount specified in section 332 of Public Law 106-69 (113 Stat. 1022).CommentsClose CommentsPermalink





`(2) PROCEDURES TO AVOID TERMINATION- The Secretary shall establish, by order, procedures by which each community notified of an impending loss of subsidy under paragraph (1) may work directly with an air carrier to ensure that the air carrier is able to submit a proposal to the Secretary to provide essential air service to such community for an amount of compensation that would not exceed the subsidy cap established by section 332 of Public Law 106-69.CommentsClose CommentsPermalink





`(3) ASSISTANCE PROVIDED- The Secretary shall provide, by order, to each community notified under paragraph (1) information regarding--CommentsClose CommentsPermalink





`(A) the procedures established pursuant to paragraph (2); andCommentsClose CommentsPermalink





`(B) the maximum amount of compensation that could be provided under this subchapter to an air carrier serving such community that would comply with the subsidy cap established by section 332 of Public Law 106-69.'.CommentsClose CommentsPermalink

SEC. 415. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED BY THE SECRETARY TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE.

Section 41733 (as amended by section 414 of this Act) is further amended by adding at the end the following:CommentsClose CommentsPermalink





`(g) Proposals of State and Local Governments to Restore Eligibility-CommentsClose CommentsPermalink





`(1) IN GENERAL- If the Secretary ends payment of compensation to an air carrier for providing basic essential air service to an eligible place because the Secretary has determined that providing such service requires a rate of subsidy per passenger in excess of the maximum amount specified in section 332 of Public Law 106-69 (113 Stat. 1022), a State or local government may submit to the Secretary a proposal for restoring compensation for such service. Such proposal shall be a joint proposal of the State or local government and an air carrier.CommentsClose CommentsPermalink





`(2) DETERMINATION BY SECRETARY- If a State or local government submits to the Secretary a proposal under paragraph (1) with respect to an eligible place, and the Secretary determines that--CommentsClose CommentsPermalink





`(A) the rate of subsidy per passenger under the proposal does not exceed the maximum amount specified in section 332 of Public Law 106-69; andCommentsClose CommentsPermalink





`(B) the proposal is consistent with the legal and regulatory requirements of the essential air service program,CommentsClose CommentsPermalink





the Secretary shall issue an order restoring the eligibility of the otherwise eligible place to receive basic essential air service by an air carrier for compensation under subsection (c).'.CommentsClose CommentsPermalink

SEC. 416. OFFICE OF RURAL AVIATION.

(a) In General- Subchapter II of chapter 417 is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 41749. Office of Rural Aviation

`(a) Establishment- The Secretary of Transportation shall establish within the Department of Transportation an office to be known as the `Office of Rural Aviation' (in this section referred to as the `Office').CommentsClose CommentsPermalink





`(b) Functions- The Office shall--CommentsClose CommentsPermalink





`(1) monitor the status of air service to small communities;CommentsClose CommentsPermalink





`(2) develop proposals to improve air service to small communities; andCommentsClose CommentsPermalink





`(3) carry out such other functions as the Secretary considers appropriate.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for subchapter II of chapter 417 is amended by adding at the end the following:CommentsClose CommentsPermalink





`41749. Office of Rural Aviation.'.CommentsClose CommentsPermalink

SEC. 417. ADJUSTMENTS TO COMPENSATION FOR SIGNIFICANTLY INCREASED COSTS.

(a) Adjustments to Account for Significantly Increased Nonfuel Costs- Section 41737(e) is amended--CommentsClose CommentsPermalink





(1) in the subsection heading by inserting `Nonfuel' before `Costs'; andCommentsClose CommentsPermalink





(2) in paragraph (1) by inserting `other than fuel costs' before `in providing'.CommentsClose CommentsPermalink





(b) Adjustments to Account for Significantly Increased Aviation Fuel Costs- Section 41737 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(f) Adjustments to Account for Significantly Increased Aviation Fuel Costs-CommentsClose CommentsPermalink





`(1) IN GENERAL- If the Secretary determines that air carriers are experiencing significantly increased aviation fuel costs in providing air service or air transportation for which compensation is being paid under this subchapter, the Secretary, subject to the availability of funds, shall increase the rates of compensation payable to air carriers under this subchapter without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734.CommentsClose CommentsPermalink





`(2) READJUSTMENT IF COSTS SUBSEQUENTLY DECLINE- If an adjustment is made under paragraph (1) with respect to the rates of compensation payable to air carriers, and the Secretary subsequently determines that there is a significant decrease in aviation fuel costs, the Secretary shall reduce the adjustment previously made under paragraph (1) without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734.CommentsClose CommentsPermalink





`(3) DEFINITIONS- In this subsection, the following definitions apply:CommentsClose CommentsPermalink





`(A) AVIATION FUEL- The term `aviation fuel' means fuel used by an air carrier in aircraft providing air service or air transportation for which compensation is being paid under this subchapter.CommentsClose CommentsPermalink





`(B) SIGNIFICANT DECREASE IN AVIATION FUEL COSTS- The term `significant decrease in aviation fuel costs' means a decrease of 30 percent or more in the price per gallon of aviation fuel over a 6-month period, as determined by the Secretary, based on fuel price information derived from a commodities exchange or exchanges.CommentsClose CommentsPermalink





`(C) SIGNIFICANTLY INCREASED AVIATION FUEL COSTS- The term `significantly increased aviation fuel costs' means an increase of 30 percent or more in the price per gallon of aviation fuel over a 6-month period, as determined by the Secretary, based on fuel price information derived from a commodities exchange or exchanges.'.CommentsClose CommentsPermalink

SEC. 418. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, AND ASSOCIATED CAUSES.

(a) Review- The Inspector General of the Department of Transportation shall conduct a review regarding air carrier flight delays, cancellations, and associated causes to update its 2000 report numbered CR-2000-112 and entitled `Audit of Air Carrier Flight Delays and Cancellations'.CommentsClose CommentsPermalink





(b) Assessments- In conducting the review under subsection (a), the Inspector General shall assess--CommentsClose CommentsPermalink





(1) the need for an update on delay and cancellation statistics, such as number of chronically delayed flights and taxi-in and taxi-out times;CommentsClose CommentsPermalink





(2) air carriers' scheduling practices;CommentsClose CommentsPermalink





(3) the need for a re-examination of capacity benchmarks at the Nation's busiest airports; andCommentsClose CommentsPermalink





(4) the impact of flight delays and cancellations on air travelers, including recommendations for programs that could be implemented to address the impact of flight delays on air travelers.CommentsClose CommentsPermalink





(c) Report- Not later than one year after the date of enactment of this Act, the Inspector General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under this section, including the assessments described in subsection (b).CommentsClose CommentsPermalink

SEC. 419. EUROPEAN UNION RULES FOR PASSENGER RIGHTS.

(a) In General- The Comptroller General shall conduct a study to evaluate and compare the regulations of the European Union and the United States on compensation and other consideration offered to passengers who are denied boarding or whose flights are cancelled or delayed.CommentsClose CommentsPermalink





(b) Specific Study Requirements- The study shall include an evaluation and comparison of the regulations based on costs to the air carriers, preferences of passengers for compensation or other consideration, and forms of compensation. In conducting the study, the Comptroller General shall also take into account the differences in structure and size of the aviation systems of the European Union and the United States.CommentsClose CommentsPermalink





(c) Report- Not later than one year after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the results of the study.CommentsClose CommentsPermalink

SEC. 420. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER PROTECTION.

(a) In General- The Secretary of Transportation shall establish an advisory committee for aviation consumer protection (in this section referred to as the `advisory committee') to advise the Secretary in carrying out air passenger service improvements, including those required by chapter 423 of title 49, United States Code.CommentsClose CommentsPermalink





(b) Membership- The Secretary shall appoint 8 members to the advisory committee as follows:CommentsClose CommentsPermalink





(1) Two representatives of air carriers required to submit emergency contingency plans pursuant to section 42301 of title 49, United States Code.CommentsClose CommentsPermalink





(2) Two representatives of the airport operators required to submit emergency contingency plans pursuant to section 42301 of such title.CommentsClose CommentsPermalink





(3) Two representatives of State and local governments who have expertise in aviation consumer protection matters.CommentsClose CommentsPermalink





(4) Two representatives of nonprofit public interest groups who have expertise in aviation consumer protection matters.CommentsClose CommentsPermalink





(c) Vacancies- A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink





(d) Travel Expenses- Members of the advisory committee shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink





(e) Chairperson- The Secretary shall designate, from among the individuals appointed under subsection (b), an individual to serve as chairperson of the advisory committee.CommentsClose CommentsPermalink





(f) Duties- The duties of the advisory committee shall include the following:CommentsClose CommentsPermalink





(1) Evaluating existing aviation consumer protection programs and providing recommendations for the improvement of such programs, if needed.CommentsClose CommentsPermalink





(2) Providing recommendations to establish additional aviation consumer protection programs, if needed.CommentsClose CommentsPermalink





(g) Report- Not later than February 1 of each of the first 2 calendar years beginning after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing--CommentsClose CommentsPermalink





(1) each recommendation made by the advisory committee during the preceding calendar year; andCommentsClose CommentsPermalink





(2) an explanation of how the Secretary has implemented each recommendation and, for each recommendation not implemented, the Secretary's reason for not implementing the recommendation.CommentsClose CommentsPermalink

SEC. 421. DENIED BOARDING COMPENSATION.

(a) In General- Not later than one year after the date of enactment of this Act, the Secretary of Transportation shall issue a final regulation to modify section 250 of title 14, Code of Federal Regulations, regarding denied boarding compensation, to appropriately adjust the amount of such compensation for an aircraft with 30 or more seats.CommentsClose CommentsPermalink





(b) Evaluation- Not later than 2 years after the date of issuance of the final regulation under this section and every 2 years thereafter, the Secretary shall evaluate the amount provided for denied boarding compensation and issue a regulation to adjust such compensation as necessary.CommentsClose CommentsPermalink

SEC. 422. SCHEDULE REDUCTION.

(a) In General- If the Administrator of the Federal Aviation Administration determines that: (1) the aircraft operations of air carriers during any hour at an airport exceeds the hourly maximum departure and arrival rate established by the Administrator for such operations; and (2) the operations in excess of the maximum departure and arrival rate for such hour at such airport are likely to have a significant adverse effect on the national or regional airspace system, the Administrator shall convene a conference of such carriers to reduce pursuant to section 41722, on a voluntary basis, the number of such operations to less than such maximum departure and arrival rate.CommentsClose CommentsPermalink





(b) No Agreement- If the air carriers participating in a conference with respect to an airport under subsection (a) are not able to agree to a reduction in the number of flights to and from the airport to less than the maximum departure and arrival rate, the Administrator shall take such action as is necessary to ensure such reduction is implemented.CommentsClose CommentsPermalink





(c) Quarterly Reports- Beginning 3 months after the date of enactment of this Act and every 3 months thereafter, the Administrator shall submit to Congress a report regarding scheduling at the 35 airports that have the greatest number of passenger enplanements, including each occurrence in which hourly scheduled aircraft operations of air carriers at such an airport exceed the hourly maximum departure and arrival rate at any such airport.CommentsClose CommentsPermalink

SEC. 423. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.

(a) In General- Subject to the availability of appropriations, the Secretary of Transportation shall investigate consumer complaints regarding--CommentsClose CommentsPermalink





(1) flight cancellations;CommentsClose CommentsPermalink





(2) compliance with Federal regulations concerning overbooking seats flights;CommentsClose CommentsPermalink





(3) lost, damaged, or delayed baggage, and difficulties with related airline claims procedures;CommentsClose CommentsPermalink





(4) problems in obtaining refunds for unused or lost tickets or fare adjustments;CommentsClose CommentsPermalink





(5) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases;CommentsClose CommentsPermalink





(6) the rights of passengers who hold frequent flier miles or equivalent redeemable awards earned through customer-loyalty programs; andCommentsClose CommentsPermalink





(7) deceptive or misleading advertising.CommentsClose CommentsPermalink





(b) Budget Needs Report- The Secretary shall provide, as an annex to its annual budget request, an estimate of resources which would have been sufficient to investigate all such claims the Department of Transportation received in the previous fiscal year. The annex shall be transmitted to Congress when the President submits the budget of the United States to the Congress under section 1105 of title 31, United States Code.CommentsClose CommentsPermalink

TITLE V--ENVIRONMENTAL STEWARDSHIP AND STREAMLINING

SEC. 501. AMENDMENTS TO AIR TOUR MANAGEMENT PROGRAM.

Section 40128 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)(C) by inserting `or voluntary agreement under subsection (b)(7)' before `for the park';CommentsClose CommentsPermalink





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





`(5) EXEMPTION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Notwithstanding paragraph (1), a national park that has 50 or fewer commercial air tour flights a year shall be exempt from the requirements of this section, except as provided in subparagraph (B).CommentsClose CommentsPermalink





`(B) WITHDRAWAL OF EXEMPTION- If the Director determines that an air tour management plan or voluntary agreement is necessary to protect park resources and values or park visitor use and enjoyment, the Director shall withdraw the exemption of a park under subparagraph (A).CommentsClose CommentsPermalink





`(C) LIST OF PARKS- The Director shall inform the Administrator, in writing, of each determination under subparagraph (B). The Director and Administrator shall publish an annual list of national parks that are covered by the exemption provided by this paragraph.CommentsClose CommentsPermalink





`(D) ANNUAL REPORT- A commercial air tour operator conducting commercial air tours in a national park that is exempt from the requirements of this section shall submit to the Administrator and the Director an annual report regarding the number of commercial air tour flights it conducts each year in such park.';CommentsClose CommentsPermalink





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





`(7) VOLUNTARY AGREEMENTS-CommentsClose CommentsPermalink





`(A) IN GENERAL- As an alternative to an air tour management plan, the Director and the Administrator may enter into a voluntary agreement with a commercial air tour operator (including a new entrant applicant and an operator that has interim operating authority) that has applied to conduct air tour operations over a national park to manage commercial air tour operations over such national park.CommentsClose CommentsPermalink





`(B) PARK PROTECTION- A voluntary agreement under this paragraph with respect to commercial air tour operations over a national park shall address the management issues necessary to protect the resources of such park and visitor use of such park without compromising aviation safety or the air traffic control system and may--CommentsClose CommentsPermalink





`(i) include provisions such as those described in subparagraphs (B) through (E) of paragraph (3);CommentsClose CommentsPermalink





`(ii) include provisions to ensure the stability of, and compliance with, the voluntary agreement; andCommentsClose CommentsPermalink





`(iii) provide for fees for such operations.CommentsClose CommentsPermalink





`(C) PUBLIC- The Director and the Administrator shall provide an opportunity for public review of a proposed voluntary agreement under this paragraph and shall consult with any Indian tribe whose tribal lands are, or may be, flown over by a commercial air tour operator under a voluntary agreement under this paragraph. After such opportunity for public review and consultation, the voluntary agreement may be implemented without further administrative or environmental process beyond that described in this subsection.CommentsClose CommentsPermalink





`(D) TERMINATION- A voluntary agreement under this paragraph may be terminated at any time at the discretion of the Director or the Administrator if the Director determines that the agreement is not adequately protecting park resources or visitor experiences or the Administrator determines that the agreement is adversely affecting aviation safety or the national aviation system. If a voluntary agreement for a national park is terminated, the operators shall conform to the requirements for interim operating authority under subsection (c) until an air tour management plan for the park is in effect.';CommentsClose CommentsPermalink





(4) in subsection (c) by striking paragraph (2)(I) and inserting the following:CommentsClose CommentsPermalink





`(I) may allow for modifications of the interim operating authority without further environmental review beyond that described in this section if--CommentsClose CommentsPermalink





`(i) adequate information regarding the operator's existing and proposed operations under the interim operating authority is provided to the Administrator and the Director;CommentsClose CommentsPermalink





`(ii) the Administrator determines that there would be no adverse impact on aviation safety or the air traffic control system; andCommentsClose CommentsPermalink





`(iii) the Director agrees with the modification, based on the Director's professional expertise regarding the protection of the park resources and values and visitor use and enjoyment.';CommentsClose CommentsPermalink





(5) in subsection (c)(3)(A) by striking `if the Administrator determines' and all that follows through the period at the end and inserting `without further environmental process beyond that described in this paragraph if--CommentsClose CommentsPermalink





`(i) adequate information on the operator's proposed operations is provided to the Administrator and the Director by the operator making the request;CommentsClose CommentsPermalink





`(ii) the Administrator agrees that there would be no adverse impact on aviation safety or the air traffic control system; andCommentsClose CommentsPermalink





`(iii) the Director agrees, based on the Director's professional expertise regarding the protection of park resources and values and visitor use and enjoyment.'; andCommentsClose CommentsPermalink





(6) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; andCommentsClose CommentsPermalink





(7) by inserting after subsection (c) the following:CommentsClose CommentsPermalink





`(d) Commercial Air Tour Operator Reports-CommentsClose CommentsPermalink





`(1) REPORT- Each commercial air tour operator providing a commercial air tour over a national park under interim operating authority granted under subsection (c) or in accordance with an air tour management plan under subsection (b) shall submit a report to the Administrator and Director regarding the number of its commercial air tour operations over each national park and such other information as the Administrator and Director may request in order to facilitate administering the provisions of this section.CommentsClose CommentsPermalink





`(2) REPORT SUBMISSION- Not later than 3 months after the date of enactment of the FAA Reauthorization Act of 2007, the Administrator and Director shall jointly issue an initial request for reports under this subsection. The reports shall be submitted to the Administrator and Director on a frequency and in a format prescribed by the Administrator and Director.'.CommentsClose CommentsPermalink

SEC. 502. STATE BLOCK GRANT PROGRAM.

(a) General Requirements- Section 47128(a) is amended--CommentsClose CommentsPermalink





(1) in the first sentence by striking `prescribe regulations' and inserting `issue guidance'; andCommentsClose CommentsPermalink





(2) in the second sentence by striking `regulations' and inserting `guidance'.CommentsClose CommentsPermalink





(b) Applications and Selection- Section 47128(b)(4) is amended by inserting before the semicolon the following: `, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements'.CommentsClose CommentsPermalink





(c) Environmental Analysis and Coordination Requirements- Section 47128 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(d) Environmental Analysis and Coordination Requirements- A Federal agency, other than the Federal Aviation Administration, that is responsible for issuing an approval, license, or permit to ensure compliance with a Federal environmental requirement applicable to a project or activity to be carried out by a State using amounts from a block grant made under this section shall--CommentsClose CommentsPermalink





`(1) coordinate and consult with the State;CommentsClose CommentsPermalink





`(2) use the environmental analysis prepared by the State for the project or activity if such analysis is adequate; andCommentsClose CommentsPermalink





`(3) supplement such analysis, as necessary, to meet applicable Federal requirements.'.CommentsClose CommentsPermalink

SEC. 503. AIRPORT FUNDING OF SPECIAL STUDIES OR REVIEWS.

Section 47173(a) is amended by striking `services of consultants in order to' and all that follows through the period at the end and inserting `services of consultants--CommentsClose CommentsPermalink





`(1) to facilitate the timely processing, review, and completion of environmental activities associated with an airport development project;CommentsClose CommentsPermalink





`(2) to conduct special environmental studies related to an airport project funded with Federal funds;CommentsClose CommentsPermalink





`(3) to conduct special studies or reviews to support approved noise compatibility measures described in part 150 of title 14, Code of Federal Regulations; orCommentsClose CommentsPermalink





`(4) to conduct special studies or reviews to support environmental mitigation in a record of decision or finding of no significant impact by the Federal Aviation Administration.'.CommentsClose CommentsPermalink

SEC. 504. GRANT ELIGIBILITY FOR ASSESSMENT OF FLIGHT PROCEDURES.

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





`(e) Grants for Assessment of Flight Procedures-CommentsClose CommentsPermalink





`(1) IN GENERAL- In accordance with subsection (c)(1), the Secretary may make a grant to an airport operator to assist in completing environmental review and assessment activities for proposals to implement flight procedures at such airport that have been approved as part of an airport noise compatibility program under subsection (b).CommentsClose CommentsPermalink





`(2) ADDITIONAL STAFF- The Administrator may accept funds from an airport operator, including funds provided to the operator under paragraph (1), to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with proposals to implement flight procedures at such airport that have been approved as part of an airport noise compatibility program under subsection (b).CommentsClose CommentsPermalink





`(3) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS- Notwithstanding section 3302 of title 31, any funds accepted under this section--CommentsClose CommentsPermalink





`(A) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted;CommentsClose CommentsPermalink





`(B) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; andCommentsClose CommentsPermalink





`(C) shall remain available until expended.'.CommentsClose CommentsPermalink

SEC. 505. CLEEN RESEARCH, DEVELOPMENT, AND IMPLEMENTATION PARTNERSHIP.

(a) Cooperative Agreement- Subchapter I of chapter 475 is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 47511. CLEEN research, development, and implementation partnership

`(a) In General- The Administrator of the Federal Aviation Administration, in coordination with the Administrator of the National Aeronautics and Space Administration, shall enter into a cooperative agreement, using a competitive process, with an institution, entity, or consortium to carry out a program for the development, maturing, and certification of CLEEN engine and airframe technology for aircraft over the next 10 years.CommentsClose CommentsPermalink





`(b) CLEEN Engine and Airframe Technology Defined- In this section, the term `CLEEN engine and airframe technology' means continuous lower energy, emissions, and noise engine and airframe technology.CommentsClose CommentsPermalink





`(c) Performance Objective- The Administrator of the Federal Aviation Administration, in coordination with the Administrator of the National Aeronautics and Space Administration, shall establish the following performance objectives for the program, to be achieved by September 30, 2015:CommentsClose CommentsPermalink





`(1) Development of certifiable aircraft technology that reduces greenhouse gas emissions by increasing aircraft fuel efficiency by 25 percent relative to 1997 subsonic jet aircraft technology.CommentsClose CommentsPermalink





`(2) Development of certifiable engine technology that reduces landing and takeoff cycle nitrogen oxide emissions by 50 percent, without increasing other gaseous or particle emissions, over the International Civil Aviation Organization standard adopted in 2004.CommentsClose CommentsPermalink





`(3) Development of certifiable aircraft technology that reduces noise levels by 10 decibels at each of the 3 certification points relative to 1997 subsonic jet aircraft technology.CommentsClose CommentsPermalink





`(4) Determination of the feasibility of the use of alternative fuels in aircraft systems, including successful demonstration and quantification of the benefits of such fuels.CommentsClose CommentsPermalink





`(5) Determination of the extent to which new engine and aircraft technologies may be used to retrofit or re-engine aircraft to increase the integration of retrofitted and re-engined aircraft into the commercial fleet.CommentsClose CommentsPermalink





`(d) Funding- Of amounts appropriated under section 48102(a), not more than the following amounts may be used to carry out this section:CommentsClose CommentsPermalink





`(1) $6,000,000 for fiscal year 2008.CommentsClose CommentsPermalink





`(2) $22,000,000 for fiscal year 2009.CommentsClose CommentsPermalink





`(3) $33,000,000 for fiscal year 2010.CommentsClose CommentsPermalink





`(4) $50,000,000 for fiscal year 2011.CommentsClose CommentsPermalink





`(e) Report- Beginning in fiscal year 2009, the Administrator of the Federal Aviation Administration shall publish an annual report on the program established under this section until completion of the program.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such subchapter is amended by adding at the end the following:CommentsClose CommentsPermalink





`47511. CLEEN research, development, and implementation partnership.'.CommentsClose CommentsPermalink

SEC. 506. PROHIBITION ON OPERATING CERTAIN AIRCRAFT WEIGHING 75,000 POUNDS OR LESS NOT COMPLYING WITH STAGE 3 NOISE LEVELS.

(a) In General- Subchapter II of chapter 475 is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels

`(a) Prohibition- Except as provided in subsection (b), (c), or (d), after December 31, 2012, a person may not operate a civil subsonic jet airplane with a maximum weight of 75,000 pounds or less, and for which an airworthiness certificate other than an experimental certificate has been issued, to or from an airport in the United States unless the Secretary of Transportation finds that the aircraft complies with stage 3 noise levels.CommentsClose CommentsPermalink





`(b) Exception- Subsection (a) shall not apply to aircraft operated only outside the 48 contiguous States.CommentsClose CommentsPermalink





`(c) Exceptions- The Secretary may allow temporary operation of an airplane otherwise prohibited from operation under subsection (a) to or from an airport in the contiguous United States by granting a special flight authorization for one or more of the following circumstances:CommentsClose CommentsPermalink





`(1) To sell, lease, or use the aircraft outside the 48 contiguous States.CommentsClose CommentsPermalink





`(2) To scrap the aircraft.CommentsClose CommentsPermalink





`(3) To obtain modifications to the aircraft to meet stage 3 noise levels.CommentsClose CommentsPermalink





`(4) To perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States.CommentsClose CommentsPermalink





`(5) To deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor.CommentsClose CommentsPermalink





`(6) To prepare, park, or store the aircraft in anticipation of any of the activities described in paragraphs (1) through (5).CommentsClose CommentsPermalink





`(7) To provide transport of persons and goods in the relief of emergency situations.CommentsClose CommentsPermalink





`(8) To divert the aircraft to an alternative air port in the 48 contiguous States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in paragraphs (1) through (7).CommentsClose CommentsPermalink





`(d) Statutory Construction- Nothing in the section may be construed as interfering with, nullifying, or otherwise affecting determinations made by the Federal Aviation Administration, or to be made by the Administration, with respect to applications under part 161 of title 14, Code of Federal Regulations, that were pending on the date of enactment of this section.'.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 47531 is amended--CommentsClose CommentsPermalink





(A) in the section heading by striking `for violating sections 47528-47530'; andCommentsClose CommentsPermalink





(B) by striking `47529, or 47530' and inserting `47529, 47530, or 47534'.CommentsClose CommentsPermalink





(2) Section 47532 is amended by inserting `or 47534' after `47528-47531'.CommentsClose CommentsPermalink





(3) The analysis for chapter 475 is amended--CommentsClose CommentsPermalink





(A) by striking the item relating to section 47531 and inserting the following:CommentsClose CommentsPermalink





`47531. Penalties.'; andCommentsClose CommentsPermalink





(B) by inserting after the item relating to section 47533 the following:CommentsClose CommentsPermalink





`47534. Prohibition on operating certain aircraft weighing 75,000 pounds or less not complying with stage 3 noise levels.'.CommentsClose CommentsPermalink

SEC. 507. ENVIRONMENTAL MITIGATION PILOT PROGRAM.

(a) Establishment- The Secretary of Transportation shall establish a pilot program to carry out not more than 6 environmental mitigation demonstration projects at public-use airports.CommentsClose CommentsPermalink





(b) Grants- In implementing the program, the Secretary may make a grant to the sponsor of a public-use airport from funds apportioned under section 47117(e)(1)(A) of title 49, United States Code, to carry out an environmental mitigation demonstration project to measurably reduce or mitigate aviation impacts on noise, air quality, or water quality in the vicinity of the airport.CommentsClose CommentsPermalink





(c) Eligibility for Passenger Facility Fees- An environmental mitigation demonstration project that receives funds made available under this section may be considered an eligible airport-related project for purposes of section 40117 of such title.CommentsClose CommentsPermalink





(d) Selection Criteria- In selecting among applicants for participation in the program, the Secretary shall give priority consideration to applicants proposing to carry out environmental mitigation demonstration projects that will--CommentsClose CommentsPermalink





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





(2) be implemented by an eligible consortium.CommentsClose CommentsPermalink





(e) Federal Share- Notwithstanding any provision of subchapter I of chapter 471 of such title, the United States Government share of allowable project costs of an environmental mitigation demonstration project carried out under this section shall be 50 percent.CommentsClose CommentsPermalink





(f) Maximum Amount- The Secretary may not make grants for a single environmental mitigation demonstration project under this section in a total amount that exceeds $2,500,000.CommentsClose CommentsPermalink





(g) Publication of Information- The Secretary may develop and publish information on the results of environmental mitigation demonstration projects carried out under this section, including information identifying best practices for reducing or mitigating aviation impacts on noise, air quality, or water quality in the vicinity of airports.CommentsClose CommentsPermalink





(h) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink





(1) ELIGIBLE CONSORTIUM- The term `eligible consortium' means a consortium of 2 or more of the following entities:CommentsClose CommentsPermalink





(A) A business incorporated in the United States.CommentsClose CommentsPermalink





(B) A public or private educational or research organization located in the United States.CommentsClose CommentsPermalink





(C) An entity of a State or local government.CommentsClose CommentsPermalink





(D) A Federal laboratory.CommentsClose CommentsPermalink





(2) ENVIRONMENTAL MITIGATION DEMONSTRATION PROJECT- The term `environmental mitigation demonstration project' means a project that--CommentsClose CommentsPermalink





(A) demonstrates at a public-use airport environmental mitigation techniques or technologies with associated benefits, which have already been proven in laboratory demonstrations;CommentsClose CommentsPermalink





(B) utilizes methods for efficient adaptation or integration of innovative concepts to airport operations; andCommentsClose CommentsPermalink





(C) demonstrates whether a technique or technology for environmental mitigation identified in research is--CommentsClose CommentsPermalink





(i) practical to implement at or near multiple public-use airports; andCommentsClose CommentsPermalink





(ii) capable of reducing noise, airport emissions, greenhouse gas emissions, or water quality impacts in measurably significant amounts.CommentsClose CommentsPermalink

SEC. 508. AIRCRAFT DEPARTURE QUEUE MANAGEMENT PILOT PROGRAM.

(a) In General- The Secretary of Transportation shall carry out a pilot program at not more than 5 public-use airports under which the Federal Aviation Administration shall use funds made available under section 48101(a) to test air traffic flow management tools, methodologies, and procedures that will allow air traffic controllers of the Administration to better manage the flow of aircraft on the ground and reduce the length of ground holds and idling time for aircraft.CommentsClose CommentsPermalink





(b) Selection Criteria- In selecting from among airports at which to conduct the pilot program, the Secretary shall give priority consideration to airports at which improvements in ground control efficiencies are likely to achieve the greatest fuel savings or air quality or other environmental benefits, as measured by the amount of reduced fuel, reduced emissions, or other environmental benefits per dollar of funds expended under the pilot program.CommentsClose CommentsPermalink





(c) Maximum Amount- Not more than a total of $5,000,000 may be expended under the pilot program at any single public-use airport.CommentsClose CommentsPermalink





(d) Report to Congress- Not later than 3 years after the date of the enactment of this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing--CommentsClose CommentsPermalink





(1) an evaluation of the effectiveness of the pilot program, including an assessment of the tools, methodologies, and procedures that provided the greatest fuel savings and air quality and other environmental benefits, and any impacts on safety, capacity, or efficiency of the air traffic control system or the airports at which affected aircraft were operating;CommentsClose CommentsPermalink





(2) an identification of anticipated benefits from implementation of the tools, methodologies, and procedures developed under the pilot program at other airports;CommentsClose CommentsPermalink





(3) a plan for implementing the tools, methodologies, and procedures developed under the pilot program at other airports or the Secretary's reasons for not implementing such measures at other airports; andCommentsClose CommentsPermalink





(4) such other information as the Secretary considers appropriate.CommentsClose CommentsPermalink

SEC. 509. HIGH PERFORMANCE AND SUSTAINABLE AIR TRAFFIC CONTROL FACILITIES.

(a) In General- The Administrator of the Federal Aviation Administration shall implement, to the maximum extent practicable, sustainable practices for the incorporation of energy-efficient design, equipment, systems, and other measures in the construction and major renovation of air traffic control facilities of the Administration in order to reduce energy consumption and improve the environmental performance of such facilities.CommentsClose CommentsPermalink





(b) Authorization- Of amounts appropriated under section 48101(a) of title 49, United States Code, such sums as may be necessary may be used to carry out this section.CommentsClose CommentsPermalink

SEC. 510. REGULATORY RESPONSIBILITY FOR AIRCRAFT ENGINE NOISE AND EMISSIONS STANDARDS.

(a) Independent Review- The Administrator of the FAA shall make appropriate arrangements for the National Academy of Public Administration or another qualified independent entity to review, in consultation with the FAA and the EPA, whether it is desirable to locate the regulatory responsibility for the establishment of engine noise and emissions standards for civil aircraft within one of the agencies.CommentsClose CommentsPermalink





(b) Considerations- The review shall be conducted so as to take into account--CommentsClose CommentsPermalink





(1) the interrelationships between aircraft engine noise and emissions;CommentsClose CommentsPermalink





(2) the need for aircraft engine noise and emissions to be evaluated and addressed in an integrated and comprehensive manner;CommentsClose CommentsPermalink





(3) the scientific expertise of the FAA and the EPA to evaluate aircraft engine emissions and noise impacts on the environment;CommentsClose CommentsPermalink





(4) expertise to interface environmental performance with ensuring the highest safe and reliable engine performance of aircraft in flight;CommentsClose CommentsPermalink





(5) consistency of the regulatory responsibility with other missions of the FAA and the EPA;CommentsClose CommentsPermalink





(6) past effectiveness of the FAA and the EPA in carrying out the aviation environmental responsibilities assigned to the agency; andCommentsClose CommentsPermalink





(7) the international responsibility to represent the United States with respect to both engine noise and emissions standards for civil aircraftCommentsClose CommentsPermalink





(c) Report to Congress- Not later than 6 months after the date of enactment of this Act, the Administrator of the FAA shall submit to Congress a report on the results of the review. The report shall include any recommendations developed as a result of the review and, if a transfer of responsibilities is recommended, a description of the steps and timeline for implementation of the transfer.CommentsClose CommentsPermalink





(d) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink





(1) EPA- The term `EPA' means the Environmental Protection Agency.CommentsClose CommentsPermalink





(2) FAA- The term `FAA' means the Federal Aviation Administration.CommentsClose CommentsPermalink

SEC. 511. CONTINUATION OF AIR QUALITY SAMPLING.

The Administrator of the Federal Aviation Administration shall complete the air quality studies and analysis started pursuant to section 815 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 40101 note; 117 Stat. 2592), including the collection of samples of the air onboard passenger aircraft by flight attendants and the testing and analyzation of such samples for contaminants.CommentsClose CommentsPermalink

SEC. 512. SENSE OF CONGRESS.

It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the proposed European Union directive extending the European Union's emissions trading proposal to international civil aviation without working through the International Civil Aviation Organization (in this section referred to as the `ICAO') in a consensus-based fashion is inconsistent with the Convention on International Civil Aviation, done at Chicago on December 7, 1944 (TIAS 1591; commonly known as `Chicago Convention'), and other relevant air services agreements and antithetical to building international cooperation to address effectively the problem of greenhouse gas emissions by aircraft engaged in international civil aviation; andCommentsClose CommentsPermalink





(2) the European Union and its member states should instead work with other contracting states of the ICAO to develop a consensual approach to addressing aircraft greenhouse gas emissions through the ICAO.CommentsClose CommentsPermalink

SEC. 513. AIRPORT NOISE COMPATIBILITY PLANNING STUDY, PORT AUTHORITY OF NEW YORK AND NEW JERSEY.

It is the sense of the House of Representatives that the Port Authority of New York and New Jersey should undertake an airport noise compatibility planning study under part 150 of title 14, Code of Federal Regulations, for the airports that the Port Authority operates as of November 2, 2007. In undertaking the study, the Port Authority should pay particular attention to the impact of noise on affected neighborhoods, including homes, businesses, and places of worship surrounding LaGuardia Airport and JFK Airport.CommentsClose CommentsPermalink

TITLE VI--FAA EMPLOYEES AND ORGANIZATION

SEC. 601. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

(a) Dispute Resolution- Section 40122(a) is amended--CommentsClose CommentsPermalink





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





(2) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





`(2) DISPUTE RESOLUTION-CommentsClose CommentsPermalink





`(A) MEDIATION- If the Administrator does not reach an agreement under paragraph (1) or the provisions referred to in subsection (g)(2)(C) with the exclusive bargaining representative of the employees, the Administrator and the bargaining representative--CommentsClose CommentsPermalink





`(i) shall use the services of the Federal Mediation and Conciliation Service to attempt to reach such agreement in accordance with part 1425 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the FAA Reauthorization Act of 2007); orCommentsClose CommentsPermalink





`(ii) may by mutual agreement adopt alternative procedures for the resolution of disputes or impasses arising in the negotiation of the collective-bargaining agreement.CommentsClose CommentsPermalink





`(B) BINDING ARBITRATION-CommentsClose CommentsPermalink





`(i) ASSISTANCE FROM FEDERAL SERVICE IMPASSES PANEL- If the services of the Federal Mediation and Conciliation Service under subparagraph (A)(i) do not lead to an agreement, the Administrator and the exclusive bargaining representative of the employees (in this subparagraph referred to as the `parties') shall submit their issues in controversy to the Federal Service Impasses Panel. The Panel shall assist the parties in resolving the impasse by asserting jurisdiction and ordering binding arbitration by a private arbitration board consisting of 3 members.CommentsClose CommentsPermalink





`(ii) APPOINTMENT OF ARBITRATION BOARD- The Executive Director of the Panel shall provide for the appointment of the 3 members of a private arbitration board under clause (i) by requesting the Director of the Federal Mediation and Conciliation Service to prepare a list of not less than 15 names of arbitrators with Federal sector experience and by providing the list to the parties. Within 10 days of receiving the list, the parties shall each select one person from the list. The 2 arbitrators selected by the parties shall then select a third person from the list within 7 days. If either of the parties fails to select a person or if the 2 arbitrators are unable to agree on the third person within 7 days, the parties shall make the selection by alternately striking names on the list until one arbitrator remains.CommentsClose CommentsPermalink





`(iii) FRAMING ISSUES IN CONTROVERSY- If the parties do not agree on the framing of the issues to be submitted for arbitration, the arbitration board shall frame the issues.CommentsClose CommentsPermalink





`(iv) HEARINGS- The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims and an opportunity to present their case in person, by counsel, or by other representative as they may elect.CommentsClose CommentsPermalink





`(v) DECISIONS- The arbitration board shall render its decision within 90 days after the date of its appointment. Decisions of the arbitration board shall be conclusive and binding upon the parties.CommentsClose CommentsPermalink





`(vi) COSTS- The parties shall share costs of the arbitration equally.CommentsClose CommentsPermalink





`(3) RATIFICATION OF AGREEMENTS- Upon reaching a voluntary agreement or at the conclusion of the binding arbitration under paragraph (2)(B), the final agreement, except for those matters decided by an arbitration board, shall be subject to ratification by the exclusive bargaining representative of the employees, if so requested by the bargaining representative, and approval by the head of the agency in accordance with the provisions referred to in subsection (g)(2)(C).CommentsClose CommentsPermalink





`(4) ENFORCEMENT-CommentsClose CommentsPermalink





`(A) ENFORCEMENT ACTIONS IN UNITED STATES COURTS- Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of enforcement actions brought under this section. Such an action may be brought in any judicial district in the State in which the violation of this section is alleged to have been committed, the judicial district in which the Federal Aviation Administration has its principal office, or the District of Columbia.CommentsClose CommentsPermalink





`(B) ATTORNEY FEES- The court may assess against the Federal Aviation Administration reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.'.CommentsClose CommentsPermalink





(b) Application- On and after the date of enactment of this Act, any changes implemented by the Administrator of the Federal Aviation Administration on and after July 10, 2005, under section 40122(a) of title 49, United States Code (as in effect on the day before such date of enactment), without the agreement of the exclusive bargaining representative of the employees of the Administration certified under section 7111 of title 5, United States Code, shall be null and void and the parties shall be governed by their last mutual agreement before the implementation of such changes. The Administrator and the bargaining representative shall resume negotiations promptly, and, subject to subsection (c), their last mutual agreement shall be in effect until a new contract is adopted by the Administrator and the bargaining representative. If an agreement is not reached within 45 days after the date on which negotiations resume, the Administrator and the bargaining representative shall submit their issues in controversy to the Federal Service Impasses Panel in accordance with section 7119 of title 5, United States Code, for binding arbitration in accordance with paragraphs (2)(B), (3), and (4) of section 40122(a) of title 49, United States Code (as amended by subsection (a) of this section).CommentsClose CommentsPermalink





(c) Savings Clause- All cost of living adjustments and other pay increases, lump sum payments to employees, and leave and other benefit accruals implemented as part of the changes referred to in subsection (b) may not be reversed unless such reversal is part of the calculation of back pay under subsection (d). The Administrator shall waive any overpayment paid to, and not collect any funds for such overpayment, from former employees of the Administration who received lump sum payments prior to their separation from the Administration.CommentsClose CommentsPermalink





(d) Back Pay-CommentsClose CommentsPermalink





(1) IN GENERAL- Employees subject to changes referred to in subsection (b) that are determined to be null and void under subsection (b) shall be eligible for pay that the employees would have received under the last mutual agreement between the Administrator and the exclusive bargaining representative of such employees before the date of enactment of this Act and any changes were implemented without agreement of the bargaining representative. The Administrator shall pay the employees such pay subject to the availability of amounts appropriated to carry out this subsection. If the appropriated funds do not cover all claims of the employees for such pay, the Administrator and the bargaining representative, pursuant to negotiations conducted in accordance with section 40122(a) of title 49, United States Code (as amended by subsection (a) of this section), shall determine the allocation of the appropriated funds among the employees on a pro rata basis.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $20,000,000 to carry out this subsection.CommentsClose CommentsPermalink





(e) Interim Agreement- If the Administrator and the exclusive bargaining representative of the employees subject to the changes referred to in subsection (b) reach a final and binding agreement with respect to such changes before the date of enactment of this Act, such agreement shall supersede any changes implemented by the Administrator under section 40122(a) of title 49, United States Code (as in effect on the day before such date of enactment), without the agreement of the bargaining representative, and subsections (b) and (c) shall not take effect.CommentsClose CommentsPermalink

SEC. 602. MSPB REMEDIAL AUTHORITY FOR FAA EMPLOYEES.

Section 40122(g)(3) of title 49, United States Code, is amended by adding at the end the following: `Notwithstanding any other provision of law, retroactive to April 1, 1996, the Board shall have the same remedial authority over such employee appeals that it had as of March 31, 1996.'.CommentsClose CommentsPermalink

SEC. 603. FAA TECHNICAL TRAINING AND STAFFING.

(a) Study-CommentsClose CommentsPermalink





(1) IN GENERAL- The Comptroller General shall conduct a study on the training of the airway transportation systems specialists of the Federal Aviation Administration (in this section referred to as `FAA systems specialists').CommentsClose CommentsPermalink





(2) CONTENTS- The study shall--CommentsClose CommentsPermalink





(A) include an analysis of the type of training provided to FAA systems specialists;CommentsClose CommentsPermalink





(B) include an analysis of the type of training that FAA systems specialists need to be proficient on the maintenance of latest technologies;CommentsClose CommentsPermalink





(C) include a description of actions that the Administration has undertaken to ensure that FAA systems specialists receive up-to-date training on the latest technologies;CommentsClose CommentsPermalink





(D) identify the amount and cost of FAA systems specialists training provided by vendors;CommentsClose CommentsPermalink





(E) identify the amount and cost of FAA systems specialists training provided by the Administration after developing courses for the training of such specialists;CommentsClose CommentsPermalink





(F) identify the amount and cost of travel that is required of FAA systems specialists in receiving training; andCommentsClose CommentsPermalink





(G) include a recommendation regarding the most cost-effective approach to providing FAA systems specialists training.CommentsClose CommentsPermalink





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





(b) Workload of Systems Specialists-CommentsClose CommentsPermalink





(1) STUDY BY NATIONAL ACADEMY OF SCIENCES- Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall make appropriate arrangements for the National Academy of Sciences to conduct a study of the assumptions and methods used by the Federal Aviation Administration to estimate staffing needs for FAA systems specialists to ensure proper maintenance and certification of the national airspace system.CommentsClose CommentsPermalink





(2) CONTENTS- The study shall be conducted so as to provide the following:CommentsClose CommentsPermalink





(A) A suggested method of modifying FAA systems specialists staffing models for application to current local conditions or applying some other approach to developing an objective staffing standard.CommentsClose CommentsPermalink





(B) The approximate cost and length of time for developing such models.CommentsClose CommentsPermalink





(3) REPORT- Not later than one year after the initiation of the arrangements under subsection (a), the National Academy of Sciences shall submit to Congress a report on the results of the study.CommentsClose CommentsPermalink

SEC. 604. DESIGNEE PROGRAM.

(a) Report- Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of recommendations made by the Government Accountability Office in its October 2004 report, `Aviation Safety: FAA Needs to Strengthen Management of Its Designee Programs' (GAO-05-40).CommentsClose CommentsPermalink





(b) Contents- The report shall include--CommentsClose CommentsPermalink





(1) an assessment of the extent to which the Federal Aviation Administration has responded to recommendations of the Government Accountability Office referred to in subsection (a);CommentsClose CommentsPermalink





(2) an identification of improvements, if any, that have been made to the designee programs referred to in the report of the Office as a result of such recommendations; andCommentsClose CommentsPermalink





(3) an identification of further action that is needed to implement such recommendations, improve the Administration's management control of the designee programs, and increase assurance that designees meet the Administration's performance standards.CommentsClose CommentsPermalink

SEC. 605. STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.

(a) In General- Not later than October 31, 2009, the Administrator of the Federal Aviation Administration shall develop a staffing model for aviation safety inspectors. In developing the model, the Administrator shall follow the recommendations outlined in the 2007 study released by the National Academy of Sciences entitled `Staffing Standards for Aviation Safety Inspectors' and consult with interested persons, including the exclusive collective bargaining representative of the aviation safety inspectors.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 606. SAFETY CRITICAL STAFFING.

(a) Aviation Safety Inspectors- The Administrator of the Federal Aviation Administration shall increase the number of aviation safety inspectors, safety technical specialists, and operations support positions in the Flight Standard Service (as those terms are used in the Administration's fiscal year 2008 congressional budget justification) each fiscal year commensurate with the funding levels provided in subsection (b) for such fiscal year. Such increases shall be measured relative to the number of persons serving in positions of aviation safety inspectors and safety technical specialists and in operational support positions as of September 30, 2007.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- In addition to amounts authorized by section 106(k) of title 49, United States Code, there is authorized to be appropriated to carry out subsection (a)--CommentsClose CommentsPermalink





(1) $58,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





(2) $134,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





(3) $170,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink





(4) $208,000,000 for fiscal year 2011.CommentsClose CommentsPermalink





Such sums shall remain available until expended.CommentsClose CommentsPermalink





(c) Implementation of Staffing Standards- Notwithstanding any other provision of this section, upon completion of the flight standards service staffing model under section 605 of this Act, and validation of the model by the Administrator, there are authorized to be appropriated such sums as may be necessary to support the number of aviation safety inspectors, safety technical specialists, and operation support positions that such model determines are required to meet the responsibilities of the Flight Standards Service.CommentsClose CommentsPermalink

SEC. 607. FAA AIR TRAFFIC CONTROLLER STAFFING.

(a) Study by National Academy of Sciences- Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the assumptions and methods used by the Federal Aviation Administration (in this section referred to as the `FAA') to estimate staffing needs for FAA air traffic controllers to ensure the safe operation of the national airspace system.CommentsClose CommentsPermalink





(b) Consultation- In conducting the study, the National Academy of Sciences shall consult with the exclusive bargaining representative of employees of the FAA certified under section 7111 of title 5, United States Code, the Administrator of the Federal Aviation Administration, and representatives of the Civil Aeronautical Medical Institute.CommentsClose CommentsPermalink





(c) Contents- The study shall include an examination of representative information on human factors, traffic activity, and the technology and equipment used in air traffic control.CommentsClose CommentsPermalink





(d) Recommendations and Estimates- In conducting the study, the National Academy of Sciences shall develop--CommentsClose CommentsPermalink





(1) recommendations for the development by the FAA of objective staffing standards to maintain the safety and efficiency of the national airspace system with current and future projected air traffic levels; andCommentsClose CommentsPermalink





(2) estimates of cost and schedule for the development of such standards by the FAA or its contractors.CommentsClose CommentsPermalink





(e) Report- Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.CommentsClose CommentsPermalink

SEC. 608. ASSESSMENT OF TRAINING PROGRAMS FOR AIR TRAFFIC CONTROLLERS.

(a) Study- The Administrator of the Federal Aviation Administration shall conduct a study to assess the adequacy of training programs for air traffic controllers.CommentsClose CommentsPermalink





(b) Contents- The study shall include--CommentsClose CommentsPermalink





(1) a review of the current training system for air traffic controllers;CommentsClose CommentsPermalink





(2) an analysis of the competencies required of air traffic controllers for successful performance in the current air traffic control environment;CommentsClose CommentsPermalink





(3) an analysis of competencies required of air traffic controllers as the Federal Aviation Administration transitions to the Next Generation Air Transportation System; andCommentsClose CommentsPermalink





(4) an analysis of various training approaches available to satisfy the controller competencies identified under paragraphs (2) and (3).CommentsClose CommentsPermalink





(c) Report- Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.CommentsClose CommentsPermalink

SEC. 609. COLLEGIATE TRAINING INITIATIVE STUDY.

(a) Study- The Administrator of the Federal Aviation Administration shall conduct a study on training options for graduates of the Collegiate Training Initiative program conducted under section 44506(c) of title 49 United States Code. The study shall analyze the impact of providing as an alternative to the current training provided at the Mike Monroney Aeronautical Center of the Administration a new controller orientation session for graduates of such programs at the Mike Monroney Aeronautical Center followed by on-the-job training for newly hired air traffic controllers who are graduates of such program and shall include--CommentsClose CommentsPermalink





(1) the cost effectiveness of such an alternative training approach; andCommentsClose CommentsPermalink





(2) the effect that such an alternative training approach would have on the overall quality of training received by graduates of such programs.CommentsClose CommentsPermalink





(b) Report- Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.CommentsClose CommentsPermalink

SEC. 610. FAA TASK FORCE ON AIR TRAFFIC CONTROL FACILITY CONDITIONS.

(a) Establishment- The Administrator of the Federal Aviation Administration shall establish a special task force to be known as the `FAA Task Force on Air Traffic Control Facility Conditions' (in this section referred to as the `Task Force').CommentsClose CommentsPermalink





(b) Membership-CommentsClose CommentsPermalink





(1) COMPOSITION- The Task Force shall be composed of 12 members of whom--CommentsClose CommentsPermalink





(A) 8 members shall be appointed by the Administrator; andCommentsClose CommentsPermalink





(B) 4 members shall be appointed by labor unions representing employees who work at field facilities of the Administration.CommentsClose CommentsPermalink





(2) QUALIFICATIONS- Of the members appointed by the Administrator under paragraph (1)(A)--CommentsClose CommentsPermalink





(A) 4 members shall be specialists on toxic mold abatement, `sick building syndrome,' and other hazardous building conditions that can lead to employee health concerns and shall be appointed by the Administrator in consultation with the Director of the National Institute for Occupational Safety and Health; andCommentsClose CommentsPermalink





(B) 2 members shall be specialists on the rehabilitation of aging buildings.CommentsClose CommentsPermalink





(3) TERMS- Members shall be appointed for the life of the Task Force.CommentsClose CommentsPermalink





(4) VACANCIES- A vacancy in the Task Force shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink





(5) TRAVEL EXPENSES- Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink





(c) Chairperson- The Administrator shall designate, from among the individuals appointed under subsection (b)(1), an individual to serve as chairperson of the Task Force.CommentsClose CommentsPermalink





(d) Task Force Personnel Matters-CommentsClose CommentsPermalink





(1) STAFF- The Task Force may appoint and fix the pay of such personnel as it considers appropriate.CommentsClose CommentsPermalink





(2) STAFF OF FEDERAL AGENCIES- Upon request of the Chairperson of the Task Force, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Task Force to assist it in carrying out its duties under this section.CommentsClose CommentsPermalink





(3) OTHER STAFF AND SUPPORT- Upon request of the Task Force or a panel of the Task Force, the Administrator shall provide the Task Force or panel with professional and administrative staff and other support, on a reimbursable basis, to the Task Force to assist it in carrying out its duties under this section.CommentsClose CommentsPermalink





(e) Obtaining Official Data- The Task Force may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary for the Task Force to carry out its duties under this section. Upon request of the chairperson of the Task Force, the head of that department or agency shall furnish such information to the Task Force.CommentsClose CommentsPermalink





(f) Duties-CommentsClose CommentsPermalink





(1) STUDY- The Task Force shall undertake a study of--CommentsClose CommentsPermalink





(A) the conditions of all air traffic control facilities across the Nation, including towers, centers, and terminal radar air control;CommentsClose CommentsPermalink





(B) reports from employees of the Administration relating to respiratory ailments and other health conditions resulting from exposure to mold, asbestos, poor air quality, radiation and facility-related hazards in facilities of the Administration;CommentsClose CommentsPermalink





(C) conditions of such facilities that could interfere with such employees' ability to effectively and safely perform their duties;CommentsClose CommentsPermalink





(D) the ability of managers and supervisors of such employees to promptly document and seek remediation for unsafe facility conditions;CommentsClose CommentsPermalink





(E) whether employees of the Administration who report facility-related illnesses are treated fairly;CommentsClose CommentsPermalink





(F) utilization of scientifically-approved remediation techniques in a timely fashion once hazardous conditions are identified in a facility of the Administration; andCommentsClose CommentsPermalink





(G) resources allocated to facility maintenance and renovation by the Administration.CommentsClose CommentsPermalink





(2) FACILITY CONDITION INDICIES (FCI)- The Task Force shall review the facility condition indicies of the Administration (in this section referred to as the `FCI') for inclusion in the recommendations under subsection (g).CommentsClose CommentsPermalink





(g) Recommendations- Based on the results of the study and review of the FCI under subsection (f), the Task Force shall make recommendations as it considers necessary to--CommentsClose CommentsPermalink





(1) prioritize those facilities needing the most immediate attention in order of the greatest risk to employee health and safety;CommentsClose CommentsPermalink





(2) ensure that the Administration is using scientifically approved remediation techniques in all facilities; andCommentsClose CommentsPermalink





(3) assist the Administration in making programmatic changes so that aging air traffic control facilities do not deteriorate to unsafe levels.CommentsClose CommentsPermalink





(h) Report- Not later than 6 months after the date on which initial appointments of members to the Task Force are completed, the Task Force shall submit to the Administrator, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the activities of the Task Force, including the recommendations of the Task Force under subsection (g).CommentsClose CommentsPermalink





(i) Implementation- Within 30 days of the receipt of the Task Force report under subsection (h), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes a plan and timeline to implement the recommendations of the Task Force and to align future budgets and priorities of the Administration accordingly.CommentsClose CommentsPermalink





(j) Termination- The Task Force shall terminate on the last day of the 30-day period beginning on the date on which the report under subsection (h) was submitted.CommentsClose CommentsPermalink





(k) Applicability of the Federal Advisory Committee Act- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.CommentsClose CommentsPermalink





(l) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Transportation $250,000 to carry out this section.CommentsClose CommentsPermalink

TITLE VII--AVIATION INSURANCE

SEC. 701. GENERAL AUTHORITY.

(a) Extension of Policies- Section 44302(f)(1) is amended--CommentsClose CommentsPermalink





(1) by striking `August 31, 2006' and inserting `September 30, 2011'; andCommentsClose CommentsPermalink





(2) by striking `December 31, 2006' and inserting `December 31, 2017'.CommentsClose CommentsPermalink





(b) Successor Program- Section 44302(f) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(3) SUCCESSOR PROGRAM-CommentsClose CommentsPermalink





`(A) IN GENERAL- After December 31, 2017, coverage for the risks specified in a policy that has been extended under paragraph (1) shall be provided in an airline industry sponsored risk retention or other risk-sharing arrangement approved by the Secretary.CommentsClose CommentsPermalink





`(B) TRANSFER OF PREMIUMS-CommentsClose CommentsPermalink





`(i) IN GENERAL- On December 31, 2017, and except as provided in clause (ii), premiums that are collected by the Secretary from the airline industry after September 22, 2001, for any policy under this subsection, and interest earned thereon, as determined by the Secretary, shall be transferred to an airline industry sponsored risk retention or other risk-sharing arrangement approved by the Secretary.CommentsClose CommentsPermalink





`(ii) DETERMINATION OF AMOUNT TRANSFERRED- The amount transferred pursuant to clause (i) shall be less--CommentsClose CommentsPermalink





`(I) the amount of any claims paid out on such policies from September 22, 2001, through December 31, 2017;CommentsClose CommentsPermalink





`(II) the amount of any claims pending under such policies as of December 31, 2017; andCommentsClose CommentsPermalink





`(III) the cost, as determined by the Secretary, of administering the provision of insurance policies under this chapter from September 22, 2001, through December 31, 2017.'.CommentsClose CommentsPermalink

SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD PARTY LIABILITY OF AIR CARRIERS ARISING OUT OF ACTS OF TERRORISM.

Section 44303(b) is amended by striking `December 31, 2006' and inserting `December 31, 2012'.CommentsClose CommentsPermalink

SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY.

Section 44304 is amended in the second sentence by striking `the carrier' and inserting `any insurance carrier'.CommentsClose CommentsPermalink

SEC. 704. USE OF INDEPENDENT CLAIMS ADJUSTERS.

Section 44308(c)(1) is amended in the second sentence by striking `agent' and inserting `agent, or a claims adjuster who is independent of the underwriting agent,'.CommentsClose CommentsPermalink

SEC. 705. EXTENSION OF PROGRAM AUTHORITY.

Section 44310 is amended by striking `March 30, 2008' and inserting `December 31, 2017'.CommentsClose CommentsPermalink

TITLE VIII--MISCELLANEOUS

SEC. 801. AIR CARRIER CITIZENSHIP.

Section 40102(a)(15) is amended by adding at the end the following:CommentsClose CommentsPermalink





`For purposes of subparagraph (C), an air carrier shall not be deemed to be under the actual control of citizens of the United States unless citizens of the United States control all matters pertaining to the business and structure of the air carrier, including operational matters such as marketing, branding, fleet composition, route selection, pricing, and labor relations.'.CommentsClose CommentsPermalink

SEC. 802. DISCLOSURE OF DATA TO FEDERAL AGENCIES IN INTEREST OF NATIONAL SECURITY.

Section 40119(b) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(3) LIMITATION ON APPLICABILITY OF FREEDOM OF INFORMATION ACT- Section 552a of title 5, United States Code, shall not apply to disclosures that the Administrator of the Federal Aviation Administration may make from the systems of records of the Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.'.CommentsClose CommentsPermalink

SEC. 803. FAA ACCESS TO CRIMINAL HISTORY RECORDS AND DATABASE SYSTEMS.

(a) In General- Chapter 401 is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 40130. FAA access to criminal history records or databases systems

`(a) Access to Records or Databases Systems-CommentsClose CommentsPermalink





`(1) ACCESS TO INFORMATION- Notwithstanding section 534 of title 28, and regulations issued to implement such section, the Administrator of the Federal Aviation Administration may access a system of documented criminal justice information maintained by the Department of Justice or by a State but may do so only for the purpose of carrying out civil and administrative responsibilities of the Administration to protect the safety and security of the national airspace system or to support the missions of the Department of Justice, the Department of Homeland Security, and other law enforcement agencies.CommentsClose CommentsPermalink





`(2) RELEASE OF INFORMATION- In accessing a system referred to in paragraph (1), the Administrator shall be subject to the same conditions and procedures established by the Department of Justice or the State for other governmental agencies with access to the system.CommentsClose CommentsPermalink





`(3) LIMITATION- The Administrator may not use the access authorized under paragraph (1) to conduct criminal investigations.CommentsClose CommentsPermalink





`(b) Designated Employees- The Administrator shall designate, by order, employees of the Administration who shall carry out the authority described in subsection (a). The designated employees may--CommentsClose CommentsPermalink





`(1) have access to and receive criminal history, driver, vehicle, and other law enforcement information contained in the law enforcement databases of the Department of Justice, or any jurisdiction of a State, in the same manner as a police officer employed by a State or local authority of that State who is certified or commissioned under the laws of that State;CommentsClose CommentsPermalink





`(2) use any radio, data link, or warning system of the Federal Government, and of any jurisdiction in a State, that provides information about wanted persons, be-on-the-lookout notices, warrant status, or other officer safety information to which a police officer employed by a State or local authority in that State who is certified or commission under the laws of that State has access and in the same manner as such police officer; orCommentsClose CommentsPermalink





`(3) receive Federal, State, or local government communications with a police officer employed by a State or local authority in that State in the same manner as a police officer employed by a State or local authority in that State who is commissioned under the laws of that State.CommentsClose CommentsPermalink





`(c) System of Documented Criminal Justice Information Defined- In this section, the term `system of documented criminal justice information' means any law enforcement database, system, or communication containing information concerning identification, criminal history, arrests, convictions, arrest warrants, wanted or missing persons, including the National Crime Information Center and its incorporated criminal history databases and the National Law Enforcement Telecommunications System.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for chapter 401 is amended by adding at the end the following:CommentsClose CommentsPermalink





`40130. FAA access to criminal history records or databases systems.'.CommentsClose CommentsPermalink

SEC. 804. CLARIFICATION OF AIR CARRIER FEE DISPUTES.

(a) In General- Section 47129 is amended--CommentsClose CommentsPermalink





(1) in the section heading by striking `air carrier' and inserting `carrier';CommentsClose CommentsPermalink





(2) in subsection (a) by striking `(as defined in section 40102 of this title)' and inserting `(as such terms are defined in section 40102)';CommentsClose CommentsPermalink





(3) in the heading for subsection (d) by striking `Air Carrier' and inserting `Air Carrier and Foreign Air Carrier';CommentsClose CommentsPermalink





(4) in the heading for paragraph (2) of subsection (d) by striking `AIR CARRIER' and inserting `AIR CARRIER AND FOREIGN AIR CARRIER';CommentsClose CommentsPermalink





(5) by striking `air carriers' each place it appears and inserting `air carriers or foreign air carriers';CommentsClose CommentsPermalink





(6) by striking `air carrier' each place it appears and inserting `air carrier or foreign air carrier'; andCommentsClose CommentsPermalink





(7) by striking `air carrier's' each place it appears and inserting `air carrier's or foreign air carrier's'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for chapter 471 is amended by striking the item relating to section 47129 and inserting the following:CommentsClose CommentsPermalink





`47129. Resolution of airport-carrier disputes concerning airport fees.'.CommentsClose CommentsPermalink

SEC. 805. STUDY ON NATIONAL PLAN OF INTEGRATED AIRPORT SYSTEMS.

(a) In General- Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall initiate a study to evaluate the formulation of the National Plan of Integrated Airport Systems (in this section referred to as the `plan') under section 47103 of title 49, United States Code.CommentsClose CommentsPermalink





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





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





(2) The changes in airport capital needs between fiscal years 2001 and 2007, as reported in the plan, as compared with the amounts apportioned or otherwise made available to individual airports over the same period of time.CommentsClose CommentsPermalink





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





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





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





(c) Report to Congress-CommentsClose CommentsPermalink





(1) SUBMISSION- Not later than 36 months after the date of initiation of the study, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.CommentsClose CommentsPermalink





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





(A) the findings of the Secretary on each of the subjects listed in subsection (b);CommentsClose CommentsPermalink





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





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

SEC. 806. EXPRESS CARRIER EMPLOYEE PROTECTION.

(a) In General- Section 201 of the Railway Labor Act (45 U.S.C. 181) is amended--CommentsClose CommentsPermalink





(1) by striking `All' and inserting `(a) In General- All';CommentsClose CommentsPermalink





(2) by inserting `and every express carrier' after `common carrier by air'; andCommentsClose CommentsPermalink





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





`(b) Special Rules for Express Carriers-CommentsClose CommentsPermalink





`(1) IN GENERAL- An employee of an express carrier shall be covered by this Act only if that employee is in a position that is eligible for certification under part 61, 63, or 65 of title 14, Code of Federal Regulations, and only if that employee performs duties for the express carrier that are eligible for such certification. All other employees of an express carrier shall be covered by the provisions of the National Labor Relations Act (29 U.S.C. 151 et seq.).CommentsClose CommentsPermalink





`(2) AIR CARRIER STATUS- Any person that is an express carrier shall be governed by paragraph (1) notwithstanding any finding that the person is also a common carrier by air.CommentsClose CommentsPermalink





`(3) EXPRESS CARRIER DEFINED- In this section, the term `express carrier' means any person (or persons affiliated through common control or ownership) whose primary business is the express shipment of freight or packages through an integrated network of air and surface transportation.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 1 of such Act (45 U.S.C. 151) is amended in the first paragraph by striking `, any express company that would have been subject to subtitle IV of title 49, United States Code, as of December 31, 1995,,'.CommentsClose CommentsPermalink

SEC. 807. CONSOLIDATION AND REALIGNMENT OF FAA FACILITIES.

(a) Establishment of Working Group- Not later than 9 months after the date of enactment of this Act, the Secretary of Transportation shall establish within the Federal Aviation Administration (in this section referred to as the `FAA') a working group to develop criteria and make recommendations for the realignment of services and facilities (including regional offices) of the FAA to assist in the transition to next generation facilities and to help reduce capital, operating, maintenance, and administrative costs in instances in which cost reductions can be implemented without adversely affecting safety.CommentsClose CommentsPermalink





(b) Membership- The working group shall be composed of, at a minimum--CommentsClose CommentsPermalink





(1) the Administrator of the FAA;CommentsClose CommentsPermalink





(2) 2 representatives of air carriers;CommentsClose CommentsPermalink





(3) 2 representatives of the general aviation community;CommentsClose CommentsPermalink





(4) 2 representatives of labor unions representing employees who work at regional or field facilities of the FAA; andCommentsClose CommentsPermalink





(5) 2 representatives of the airport community.CommentsClose CommentsPermalink





(c) Report to Congress Containing Recommendations of the Working Group-CommentsClose CommentsPermalink





(1) SUBMISSION- Not later than 6 months after convening the working group, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the criteria and recommendations developed by the working group under this section.CommentsClose CommentsPermalink





(2) CONTENTS- The report shall include a justification for each recommendation to consolidate or realign a service or facility (including a regional office) and a description of the costs and savings associated with the consolidation or realignment.CommentsClose CommentsPermalink





(d) Public Notice and Comment- The Administrator shall publish the report submitted under subsection (c) in the Federal Register and allow 45 days for the submission of public comments. In addition, the Administrator upon request shall hold a public hearing in a community that would be affected by a recommendation in the report.CommentsClose CommentsPermalink





(e) Objections- Any interested person may file with the Administrator a written objection to a recommendation of the working group.CommentsClose CommentsPermalink





(f) Report to Congress Containing Recommendations of the Administrator- Not later than 60 days after the last day of the period for public comment under subsection (d), the Administrator shall submit to the committees referred to in subsection (c)(1) a report containing the recommendations of the Administrator on realignment of services and facilities (including regional offices) of the FAA and copies of any public comments and objections received by the Administrator under this section.CommentsClose CommentsPermalink





(g) Limitation on Implementation of Realignments and Consolidations- The Administrator may not realign or consolidate any services or facilities (including regional offices) of the FAA before the Administrator has submitted the report under subsection (f).CommentsClose CommentsPermalink





(h) FAA Defined- In this section, the term `FAA' means the Federal Aviation Administration.CommentsClose CommentsPermalink

SEC. 808. ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE FOR NATIONAL TRANSPORTATION SAFETY BOARD EMPLOYEES.

Section 1113 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(i) Accidental Death and Dismemberment Insurance-CommentsClose CommentsPermalink





`(1) AUTHORITY TO PROVIDE INSURANCE- The Board may procure accidental death and dismemberment insurance for an employee of the Board who travels for an accident investigation or other activity of the Board outside the United States or inside the United States under hazardous circumstances, as defined by the Board.CommentsClose CommentsPermalink





`(2) CREDITING OF INSURANCE BENEFITS TO OFFSET UNITED STATES TORT LIABILITY- Any amounts paid to a person under insurance coverage procured under this subsection shall be credited as offsetting any liability of the United States to pay damages to that person under section 1346(b) of title 28, chapter 171 of title 28, chapter 163 of title 10, or any other provision of law authorizing recovery based upon tort liability of the United States in connection with the injury or death resulting in the insurance payment.CommentsClose CommentsPermalink





`(3) TREATMENT OF INSURANCE BENEFITS- Any amounts paid under insurance coverage procured under this subsection shall not--CommentsClose CommentsPermalink





`(A) be considered additional pay or allowances for purposes of section 5536 of title 5; orCommentsClose CommentsPermalink





`(B) offset any benefits an employee may have as a result of government service, including compensation under chapter 81 of title 5.CommentsClose CommentsPermalink





`(4) ENTITLEMENT TO OTHER INSURANCE- Nothing in this subsection shall be construed as affecting the entitlement of an employee to insurance under section 8704(b) of title 5.'.CommentsClose CommentsPermalink

SEC. 809. GAO STUDY ON COOPERATION OF AIRLINE INDUSTRY IN INTERNATIONAL CHILD ABDUCTION CASES.

(a) Study- The Comptroller General shall conduct a study to help determine how the Federal Aviation Administration (in this section referred to as the `FAA') could better ensure the collaboration and cooperation of air carriers and foreign air carriers providing air transportation and relevant Federal agencies to develop and enforce child safety control for adults traveling internationally with children.CommentsClose CommentsPermalink





(b) Contents- In conducting the study, the Comptroller General shall examine--CommentsClose CommentsPermalink





(1) the nature and scope of exit policies and procedures of the FAA, air carriers, and foreign air carriers and how the enforcement of such policies and procedures is monitored, including ticketing and boarding procedures;CommentsClose CommentsPermalink





(2) the extent to which air carriers and foreign air carriers cooperate in the investigations of international child abduction cases, including cooperation with the National Center for Missing and Exploited Children and relevant Federal, State, and local agencies;CommentsClose CommentsPermalink





(3) any effective practices, procedures, or lessons learned from the assessment of current practices and procedures of air carriers, foreign air carriers, and operators of other transportation modes that could improve the ability of the aviation community to ensure the safety of children traveling internationally with adults and, as appropriate, enhance the capability of air carriers and foreign air carriers to cooperate in the investigations of international child abduction cases; andCommentsClose CommentsPermalink





(4) any liability issues associated with providing assistance in such investigations.CommentsClose CommentsPermalink





(c) Report- Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.CommentsClose CommentsPermalink

SEC. 810. LOST NATION AIRPORT, OHIO.

(a) Approval of Sale- The Secretary of Transportation may approve the sale of Lost Nation Airport from the city of Willoughby, Ohio, to Lake County, Ohio, if--CommentsClose CommentsPermalink





(1) Lake County meets all applicable requirements for sponsorship of the airport; andCommentsClose CommentsPermalink





(2) Lake County agrees to assume the obligations and assurances of the grant agreements relating to the airport executed by the city of Willoughby under chapter 471 of title 49, United States Code, and to operate and maintain the airport in accordance with such obligations and assurances.CommentsClose CommentsPermalink





(b) Grants-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may make a grant, from funds made available under section 48103 of title 49, United States Code, to Lake County to assist in Lake County's purchase of the Lost Nation Airport under subsection (a).CommentsClose CommentsPermalink





(2) FEDERAL SHARE- The Federal share of the grant under this subsection shall be for 90 percent of the cost of Lake County's purchase of the Lost Nation Airport, but in no event may the Federal share of the grant exceed $1,220,000.CommentsClose CommentsPermalink





(3) APPROVAL- The Secretary may make a grant under this subsection only if the Secretary receives such written assurances as the Secretary may require under section 47107 of title 49, United States Code, with respect to the grant and Lost Nation Airport.CommentsClose CommentsPermalink





(c) Treatment of Proceeds From Sale- The Secretary may grant to the city of Willoughby an exemption from the provisions of sections 47107 and 47133 of such title, any grant obligations of the city of Willoughby, and regulations and policies of the Federal Aviation Administration to the extent necessary to allow the city of Willoughby to use the proceeds from the sale approved under subsection (a) for any purpose authorized by the city of Willoughby.CommentsClose CommentsPermalink

SEC. 811. POLLOCK MUNICIPAL AIRPORT, LOUISIANA.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) Pollock Municipal Airport located in Pollock, Louisiana (in this section referred to as the `airport'), has never been included in the National Plan of Integrated Airport Systems pursuant to section 47103 of title 49, United States Code, and is therefore not considered necessary to meet the current or future needs of the national aviation system; andCommentsClose CommentsPermalink





(2) closing the airport will not adversely affect aviation safety, aviation capacity, or air commerce.CommentsClose CommentsPermalink





(b) Request for Closure-CommentsClose CommentsPermalink





(1) APPROVAL- Notwithstanding any other provision of law, requirement, or agreement and subject to the requirements of this section, the Administrator of the Federal Aviation Administration shall--CommentsClose CommentsPermalink





(A) approve a request from the town of Pollock, Louisiana, to close the airport as a public airport; andCommentsClose CommentsPermalink





(B) release the town from any term, condition, reservation, or restriction contained in a surplus property conveyance or transfer document, and from any order or finding by the Department of Transportation on the use and repayment of airport revenue applicable to the airport, that would otherwise prevent the closure of the airport and redevelopment of the facilities to nonaeronautical uses.CommentsClose CommentsPermalink





(2) CONTINUED AIRPORT OPERATION PRIOR TO APPROVAL- The town of Pollock shall continue to operate and maintain the airport until the Administrator grants the town's request for closure of the airport.CommentsClose CommentsPermalink





(3) USE OF PROCEEDS FROM SALE OF AIRPORT- Upon the approval of the request to close the airport, the town of Pollock shall obtain fair market value for the sale of the airport property and shall immediately upon receipt transfer all such proceeds from the sale of the airport property to the sponsor of a public airport designated by the Administrator to be used for the development or improvement of such airport.CommentsClose CommentsPermalink





(4) RELOCATION OF AIRCRAFT- Before closure of the airport, the town of Pollock shall provide adequate time for any airport-based aircraft to relocate.CommentsClose CommentsPermalink

SEC. 812. HUMAN INTERVENTION AND MOTIVATION STUDY PROGRAM.

(a) In General- Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop a human intervention and motivation study program for flight crewmembers involved in air carrier operations in the United States under part 121 of title 14, Code of Federal Regulations.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2008 through 2011. Such sums shall remain available until expended.CommentsClose CommentsPermalink

SEC. 813. WASHINGTON, D.C., AIR DEFENSE IDENTIFICATION ZONE.

(a) Submission of Plan to Congress- Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with Secretary of Homeland Security and Secretary of Defense, shall submit to the Committee on Transportation and Infrastructure and Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for the Washington, D.C., Air Defense Identification Zone.CommentsClose CommentsPermalink





(b) Contents of Plan- The plan shall outline specific changes to the Washington, D.C., Air Defense Identification Zone that will decrease operational impacts and improve general aviation access to airports in the National Capital Region that are currently impacted by the zone.CommentsClose CommentsPermalink

SEC. 814. MERRILL FIELD AIRPORT, ANCHORAGE, ALASKA.

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





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

SEC. 815. 1940 AIR TERMINAL MUSEUM AT WILLIAM P. HOBBY AIRPORT, HOUSTON, TEXAS.

It is the sense of Congress that the Nation--CommentsClose CommentsPermalink





(1) supports the goals and ideals of the 1940 Air Terminal Museum located at William P. Hobby Airport in the city of Houston, Texas;CommentsClose CommentsPermalink





(2) congratulates the city of Houston and the 1940 Air Terminal Museum on the 80-year history of William P. Hobby Airport and the vital role of the airport in Houston's and the Nation's transportation infrastructure; andCommentsClose CommentsPermalink





(3) recognizes the 1940 Air Terminal Museum for its importance to the Nation in the preservation and presentation of civil aviation heritage and recognizes the importance of civil aviation to the Nation's history and economy.CommentsClose CommentsPermalink

SEC. 816. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE TO FLIGHT CREWMEMBERS.

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a rulemaking proceeding for the following purposes:CommentsClose CommentsPermalink





(1) To require a flight crewmember who is employed by an air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, and who accepts an additional assignment for flying under part 91 of such title from the air carrier or from any other air carrier conducting operations under part 121 or 135 of such title, to apply the period of the additional assignment (regardless of whether the assignment is performed by the flight crewmember before or after an assignment to fly under part 121 of such title) toward any limitation applicable to the flight crewmember relating to duty periods or flight times under part 121 of such title.CommentsClose CommentsPermalink





(2) To require a flight crewmember who is employed by an air carrier conducting operations under part 135 of title 14, Code of Federal Regulations, and who accepts an additional assignment for flying under part 91 of such title from the air carrier or any other air carrier conducting operations under part 121 or 135 of such title, to apply the period of the additional assignment (regardless of whether the assignment is performed by the flight crewmember before or after an assignment to fly under part 135 of such title) toward any limitation applicable to the flight crewmember relating to duty periods or flight times under part 135 of such title.CommentsClose CommentsPermalink

SEC. 817. LABOR INTEGRATION.

(a) Labor Integration- With respect to any covered transaction involving a covered air carrier that results in the combination of crafts or classes that are subject to the Railway Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13 of the labor protective provisions imposed by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to the integration of covered employees of the covered air carrier; except that--CommentsClose CommentsPermalink





(1) if the same collective bargaining agent represents the combining crafts or classes at the covered air carrier, that collective bargaining agent's internal policies regarding integration, if any, will not be affected by and will supercede the requirements of this section; andCommentsClose CommentsPermalink





(2) the requirements of any collective bargaining agreement that may be applicable to the terms of integration involving covered employees of the covered air carrier shall also not be affected by and will supersede the requirements of this section, so long as those provisions supply at least the protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions.CommentsClose CommentsPermalink





(b) Enforcement- Any labor organization that represents individuals that are aggrieved as a result of a violation of the labor protective provisions applied under subsection (a) may bring an action to enforce this section, or to enforce the terms of any award or agreement resulting from arbitration or a settlement relating to the requirements of this section. An action under this subsection shall be brought in an appropriate United States district court determined in accordance with section 1391 of title 28, United States Code, without regard to the amount in controversy.CommentsClose CommentsPermalink





(c) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink





(1) AIR CARRIER- The term `air carrier' means an air carrier that holds a certificate issued under chapter 411 of title 49, United States Code.CommentsClose CommentsPermalink





(2) COVERED AIR CARRIER- The term `covered air carrier' means an air carrier that is involved in a covered transaction.CommentsClose CommentsPermalink





(3) COVERED EMPLOYEE- The term `covered employee' means an employee who--CommentsClose CommentsPermalink





(A) is not a temporary employee; andCommentsClose CommentsPermalink





(B) is a member of a craft or class that is subject to the Railway Labor Act (45 U.S.C. 151 et seq.).CommentsClose CommentsPermalink





(4) COVERED TRANSACTION- The term `covered transaction' means--CommentsClose CommentsPermalink





(A) a transaction for the combination of multiple air carriers into a single air carrier; and whichCommentsClose CommentsPermalink





(B) involves the transfer of ownership or control of--CommentsClose CommentsPermalink





(i) 50 percent or more of the equity securities (as defined in section 101 of title 11, United States Code) of an air carrier; orCommentsClose CommentsPermalink





(ii) 50 percent or more (by value) of the assets of the air carrier.CommentsClose CommentsPermalink





(d) Application- This section shall not apply to any covered transaction involving a covered air carrier that took place before the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 818. PILOT PROGRAM FOR REDEVELOPMENT OF AIRPORT PROPERTIES.

(a) In General- Not later than one year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a pilot program at up to 4 public-use airports (as defined in section 47102 of title 49, United States Code) that have a noise compatibility program approved by the Administrator under section 47504 of such title.CommentsClose CommentsPermalink





(b) Grants- Under the pilot program, the Administrator may make a grant in a fiscal year, from funds made available under section 47117(e)(1)(A) of such title, to the operator of an airport participating in the pilot program--CommentsClose CommentsPermalink





(1) to support joint planning (including planning described in section 47504(a)(2)(F) of such title), engineering design, and environmental permitting for the assembly and redevelopment of real property purchased with noise mitigation funds made available under section 48103 or passenger facility revenues collected for the airport under section 40117 of such title; andCommentsClose CommentsPermalink





(2) to encourage compatible land uses with the airport and generate economic benefits to the airport operator and an affected local jurisdiction.CommentsClose CommentsPermalink





(c) Grant Requirements- The Administrator may not make a grant under this section unless the grant is made--CommentsClose CommentsPermalink





(1) to enable the airport operator and an affected local jurisdiction to expedite their noise mitigation redevelopment efforts with respect to real property described in subsection (b)(1); andCommentsClose CommentsPermalink





(2) subject to a requirement that the affected local jurisdiction has adopted zoning regulations that permit compatible redevelopment of real property described in subsection (b)(1);CommentsClose CommentsPermalink





(3) subject to a requirement that funds made available under section 47117(e)(1)(A) with respect to real property assembled and redeveloped under subsection (b)(1) plus the amount of any grants made for acquisition of such property under section 47504 of such title are repaid to the Administrator upon the sale of such property.CommentsClose CommentsPermalink





(d) Cooperation With Local Affected Jurisdiction- An airport operator may use funds granted under this section for a purpose described in subsection (b) only in cooperation with an affected local jurisdiction.CommentsClose CommentsPermalink





(e) United States Government Share-CommentsClose CommentsPermalink





(1) IN GENERAL- The United States Government share of the allowable costs of a project carried out under the pilot program shall be 80 percent.CommentsClose CommentsPermalink





(2) DETERMINATION- In determining the allowable project costs of a project carried out under the pilot program for purposes of this subsection, the Administrator shall deduct from the total costs of the project that portion of the total costs of the project that are incurred with respect to real property that is not owned or to be acquired by the airport operator pursuant to the noise compatibility program for the airport or that is not owned by an affected local jurisdiction or other public entity.CommentsClose CommentsPermalink





(3) MAXIMUM AMOUNT- Not more than $5,000,000 in funds made available under section 47117(e) of title 49, United States Code, may be expended under this pilot program at any single public-use airport.CommentsClose CommentsPermalink





(f) Special Rules for Repaid Funds- The amounts repaid to the Administrator with respect to an airport under subsection (c)(3)--CommentsClose CommentsPermalink





(1) shall be available to the Administrator for the following actions giving preference to such actions in descending order:CommentsClose CommentsPermalink





(A) reinvestment in an approved noise compatibility project at the airport;CommentsClose CommentsPermalink





(B) reinvestment in another project at the airport that is available for funding under section 47117(e) of title 49, United States Code;CommentsClose CommentsPermalink





(C) reinvestment in an approved airport development project at the airport that is eligible for funding under section 47114, 47115, or 47117 of such title;CommentsClose CommentsPermalink





(D) reinvestment in approved noise compatibility project at any other public airport; andCommentsClose CommentsPermalink





(E) 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





(2) shall be in addition to amounts authorized under section 48103 of title 49, United States Code; andCommentsClose CommentsPermalink





(3) shall remain available until expended.CommentsClose CommentsPermalink





(g) Use of Passenger Facility Revenue- An operator of an airport participating in the pilot program may use passenger facility revenue collected for the airport under section 40117 of title 49, United States Code, to pay the portion of the total cost of a project carried out by the operator under the pilot program that are not allowable under subsection (e)(2).CommentsClose CommentsPermalink





(h) Sunset- The Administrator may not make a grant under the pilot program after September 30, 2011.CommentsClose CommentsPermalink





(i) Report to Congress- Not later than the last day of the 30th month following the date on which the first grant is made under this section, the Administrator shall report to Congress on the effectiveness of the pilot program on returning real property purchased with noise mitigation funds made available under section 47117(e)(1)(A) or 47505 or passenger facility revenues to productive use.CommentsClose CommentsPermalink





(j) Noise Compatibility Measures- Section 47504(a)(2) is amended--CommentsClose CommentsPermalink





(1) by striking `and' at the end of subparagraph (D);CommentsClose CommentsPermalink





(2) by striking the period at the end of subparagraph (E) and inserting `; and'; andCommentsClose CommentsPermalink





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





`(F) joint comprehensive land use planning, including master plans, traffic studies, environmental evaluation and economic and feasibility studies, with neighboring local jurisdictions undertaking community redevelopment in the area where any land or other property interest acquired by the airport operator under this subsection is located, to encourage and enhance redevelopment opportunities that reflect zoning and uses that will prevent the introduction of additional incompatible uses and enhance redevelopment potential.'.CommentsClose CommentsPermalink

SEC. 819. HELICOPTER OPERATIONS OVER LONG ISLAND, NEW YORK.

(a) Study- The Administrator of the Federal Aviation Administration shall conduct a study on helicopter operations over Long Island, New York.CommentsClose CommentsPermalink





(b) Contents- In conducting the study, the Administrator shall examine, at a minimum, the following:CommentsClose CommentsPermalink





(1) The effect of helicopter operations on residential areas, including--CommentsClose CommentsPermalink





(A) safety issues relating to helicopter operations;CommentsClose CommentsPermalink





(B) noise levels relating to helicopter operations and ways to abate the noise levels; andCommentsClose CommentsPermalink





(C) any other issue relating to helicopter operations on residential areas.CommentsClose CommentsPermalink





(2) The feasibility of diverting helicopters from residential areas.CommentsClose CommentsPermalink





(3) The feasibility of creating specific air lanes for helicopter operations.CommentsClose CommentsPermalink





(4) The feasibility of establishing altitude limits for helicopter operations.CommentsClose CommentsPermalink





(c) Exceptions- Any determination under this section on the feasibility of establishing limitations or restrictions for helicopter operations over Long Island, New York, shall not apply to helicopters performing operations for news organizations, the military, law enforcement, or providers of emergency services.CommentsClose CommentsPermalink





(d) Limitation on Statutory Construction- Nothing in this section shall be construed to interfere with the Federal Aviation Administration's authority to ensure the safe and efficient use of the national airspace system.CommentsClose CommentsPermalink





(e) Report- Not later than 6 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the results of the study, including information and recommendations concerning the issues examined under subsection (b).CommentsClose CommentsPermalink

SEC. 820. CABIN TEMPERATURE STANDARDS STUDY.

(a) Study- Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall conduct a study to determine whether onboard temperature standards are necessary to protect cabin and cockpit crew members and passengers on an aircraft of an air carrier used to provide air transportation from excessive heat onboard such aircraft during standard operations or during an excessive flight delay.CommentsClose CommentsPermalink





(b) Temperature Review- In conducting the study under subsection (a), the Administrator shall--CommentsClose CommentsPermalink





(1) survey onboard cabin and cockpit temperatures of a representative sampling of different aircraft types and operations;CommentsClose CommentsPermalink





(2) address the appropriate placement of temperature monitoring devices onboard the aircraft to determine the most accurate measurement of onboard temperature and develop a system for the reporting of excessive temperature onboard passenger aircraft by cockpit and cabin crew members; andCommentsClose CommentsPermalink





(3) review the impact of implementing such onboard temperature standards on the environment, fuel economy, and avionics and determine the costs associated with such implementation and the feasibility of using ground equipment or other mitigation measures to offset any such costs.CommentsClose CommentsPermalink





(c) Report to Congress- Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report on the findings of the study.CommentsClose CommentsPermalink

SEC. 821. CIVIL PENALTIES TECHNICAL AMENDMENTS.

Section 46301 is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)(A) by inserting `chapter 451,' before `section 47107(b)';CommentsClose CommentsPermalink





(2) in subsection (a)(5)(A)(i)--CommentsClose CommentsPermalink





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





(B) by inserting after `44909)' the following: `, or chapter 451'; andCommentsClose CommentsPermalink





(3) in subsection (d)(2)--CommentsClose CommentsPermalink





(A) by inserting after `44723)' the following: `, chapter 451 (except section 45107)'; andCommentsClose CommentsPermalink





(B) by inserting after `44909),' the following: `section 45107 or'.CommentsClose CommentsPermalink

SEC. 822. REALIGNMENT OF TERMINAL RADAR APPROACH CONTROL AT PALM BEACH INTERNATIONAL AIRPORT.

(a) Prohibition- The Administrator of the Federal Aviation Administration may not carry out, or plan for, the consolidation, deconsolidation, colocation, execution of interfacility reorganization, or facility elimination of the terminal radar approach control (TRACON) at Palm Beach International Airport.CommentsClose CommentsPermalink





(b) Replacement of Terminal Radar Approach Control at Palm Beach International Airport- The Administrator shall take such action as may be necessary to ensure that any air traffic control tower or facility placed into operation at Palm Beach International Airport after September 30, 2007, to replace an air traffic control tower or facility placed into operation before September 30, 2007, includes an operating terminal radar approach control.CommentsClose CommentsPermalink

SEC. 823. STUDY AND REPORT ON ALLEVIATING CONGESTION.

Not later than 6 months after the date of enactment of this Act, the Comptroller General shall conduct a study and submit a report to Congress regarding effective strategies to alleviate congestion in the national airspace at airports during peak travel times, by evaluating the effectiveness of reducing flight schedules and staggering flights, developing incentives for airlines to reduce the number of flights offered, and instituting slots and quotas at airports. In addition, the Comptroller General shall compare the efficiency of implementing the strategies in the preceding sentence with redesigning airspace and evaluate any legal obstacles to implementing such strategies.CommentsClose CommentsPermalink

SEC. 824. AIRLINE PERSONNEL TRAINING ENHANCEMENT.

Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue regulations under chapter 447 of title 49, United States Code, that require air carriers to provide initial and annual recurring training for flight attendants and gate attendants regarding serving alcohol, dealing with disruptive passengers, and recognizing intoxicated persons. The training shall include situational training on methods of handling an intoxicated person who is belligerent.CommentsClose CommentsPermalink

SEC. 825. STUDY ON FEASIBILITY OF DEVELOPMENT OF A PUBLIC INTERNET WEB-BASED SEARCH ENGINE ON WIND TURBINE INSTALLATION OBSTRUCTION.

(a) Study- The Administrator of the Federal Aviation Administration shall carry out a study on the feasibility of developing a publicly searchable, Internet Web-based resource that provides information regarding the acceptable height and distance that wind turbines may be installed in relation to aviation sites and the level of obstruction such turbines may present to such sites.CommentsClose CommentsPermalink





(b) Considerations- In conducting the study, the Administrator shall consult, if appropriate, with the Secretaries of the Army, Navy and Air Force, Homeland Security, and Energy to coordinate the requirements of each agency for future air space needs, determine what the acceptable risks are to existing infrastructure of each agency, and define the different levels of risk for such infrastructure.CommentsClose CommentsPermalink





(c) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report on the results of the study to the Committee on Transportation and Infrastructure, Committee on Homeland Security, Committee on Armed Services and Committee on Science and Technology in the House of Representatives and the Committee on Commerce, Science and Transportation, Committee on Government Affairs and Homeland Security, and the Committee on Armed Services in the Senate.CommentsClose CommentsPermalink

TITLE IX--FEDERAL AVIATION RESEARCH AND DEVELOPMENT

SEC. 901. SHORT TITLE.

This title may be cited as the `Federal Aviation Research and Development Reauthorization Act of 2007'.CommentsClose CommentsPermalink

SEC. 902. DEFINITIONS.

As used in this title, the following definition apply:CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Federal Aviation Administration.CommentsClose CommentsPermalink





(2) FAA- The term `FAA' means the Federal Aviation Administration.CommentsClose CommentsPermalink





(3) NASA- The term `NASA' means the National Aeronautics and Space Administration.CommentsClose CommentsPermalink





(4) NATIONAL RESEARCH COUNCIL- The term `National Research Council' means the National Research Council of the National Academies of Science and Engineering.CommentsClose CommentsPermalink





(5) NOAA- The term `NOAA' means the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink





(6) NSF- The term `NSF' means the National Science Foundation.CommentsClose CommentsPermalink





(7) SECRETARY- The term `Secretary' means the Secretary of Transportation.CommentsClose CommentsPermalink

SEC. 903. INTERAGENCY RESEARCH INITIATIVE ON THE IMPACT OF AVIATION ON THE CLIMATE.

(a) In General- The Administrator, in coordination with NASA and the United States Climate Change Science Program, shall establish a research initiative to assess the impact of aviation on the climate and, if warranted, to evaluate approaches to mitigate that impact.CommentsClose CommentsPermalink





(b) Research Plan- Not later than one year after the date of enactment of this Act, the participating Federal entities shall jointly develop a plan for the research program that contains the objectives, proposed tasks, milestones, and 5-year budgetary profile.CommentsClose CommentsPermalink

SEC. 904. RESEARCH PROGRAM ON RUNWAYS.

(a) Research Program- The Administrator shall maintain a program of research grants to universities and nonprofit research foundations for research and technology demonstrations related to--CommentsClose CommentsPermalink





(1) improved runway surfaces; andCommentsClose CommentsPermalink





(2) engineered material restraining systems for runways at both general aviation airports and airports with commercial air carrier operations.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There is authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2011 to carry out this section.CommentsClose CommentsPermalink

SEC. 905. RESEARCH ON DESIGN FOR CERTIFICATION.

(a) Establishment of Program- Not later than 6 months after the date of enactment of this Act, the FAA, in consultation with other agencies as appropriate, shall establish a research program on methods to improve both confidence in and the timeliness of certification of new technologies for their introduction into the national airspace system.CommentsClose CommentsPermalink





(b) Research Plan- Not later than 1 year after the date of enactment of this Act, as part of the activity described in subsection (a), the FAA shall develop a plan for the research program that contains the objectives, proposed tasks, milestones, and five-year budgetary profile.CommentsClose CommentsPermalink





(c) Review- The Administrator shall have the National Research Council conduct an independent review of the research program plan and provide the results of that review to the Committee on Science and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 906. CENTERS OF EXCELLENCE.

(a) Government's Share of Costs- Section 44513(f) is amended to read as follows:CommentsClose CommentsPermalink





`(f) Government's Share of Costs- The United States Government's share of establishing and operating the center and all related research activities that grant recipients carry out shall not exceed 75 percent of the costs. The United States Government's share of an individual grant under this section shall not exceed 90 percent of the costs.'.CommentsClose CommentsPermalink





(b) Annual Report- The Administrator shall transmit annually to the Committee on Science and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate at the time of the President's budget request a report that lists--CommentsClose CommentsPermalink





(1) the research projects that have been initiated by each Center of Excellence in the preceding year;CommentsClose CommentsPermalink





(2) the amount of funding for each research project and the funding source;CommentsClose CommentsPermalink





(3) the institutions participating in each project and their shares of the overall funding for each research project; andCommentsClose CommentsPermalink





(4) the level of cost-sharing for each research project.CommentsClose CommentsPermalink

SEC. 907. AIRPORT COOPERATIVE RESEARCH PROGRAM.

Section 44511(f) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1) by striking `establish a 4-year pilot' and inserting `maintain an'; andCommentsClose CommentsPermalink





(2) in paragraph (4)--CommentsClose CommentsPermalink





(A) by striking `expiration of the program' and inserting `expiration of the pilot program'; andCommentsClose CommentsPermalink





(B) by striking `program, including recommendations as to the need for establishing a permanent airport cooperative research program' and inserting `program'.CommentsClose CommentsPermalink

SEC. 908. UNMANNED AIRCRAFT SYSTEMS.

(a) Research Initiative- Section 44504(b) is amended--CommentsClose CommentsPermalink





(1) in paragraph (6) by striking `and' after the semicolon;CommentsClose CommentsPermalink





(2) in paragraph (7) by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





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





`(8) in conjunction with other Federal agencies, as appropriate, to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, and processes, for use in all classes of unmanned aircraft systems that could result in a catastrophic failure of the unmanned aircraft that would endanger other aircraft in the national airspace system.'.CommentsClose CommentsPermalink





(b) Systems, Procedures, Facilities, and Devices- Section 44505(b) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4) by striking `and' after the semicolon;CommentsClose CommentsPermalink





(2) in paragraph (5)(C) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





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





`(6) to develop a better understanding of the relationship between human factors and unmanned aircraft systems safety; andCommentsClose CommentsPermalink





`(7) to develop dynamic simulation models for integrating all classes of unmanned aircraft systems into the national airspace system without any degradation of existing levels of safety for all national airspace system users.'.CommentsClose CommentsPermalink

SEC. 909. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS.

(a) In General- The Administrator shall establish a program to utilize colleges and universities, including Historically Black Colleges and Universities, Hispanic serving institutions, tribally controlled colleges and universities, and Alaska Native and Native Hawaiian serving institutions in conducting research by undergraduate students on subjects of relevance to the FAA. Grants may be awarded under this section for--CommentsClose CommentsPermalink





(1) research projects to be carried out primarily by undergraduate students;CommentsClose CommentsPermalink





(2) research projects that combine undergraduate research with other research supported by the FAA;CommentsClose CommentsPermalink





(3) research on future training requirements related to projected changes in regulatory requirements for aircraft maintenance and power plant licensees; andCommentsClose CommentsPermalink





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





(b) Authorization of Appropriations- There is authorized to be appropriated $5,000,000 for each of the fiscal years 2008 through 2011, for research grants under this section.CommentsClose CommentsPermalink

SEC. 910. RESEARCH PROGRAM ON SPACE WEATHER AND AVIATION.

(a) Establishment- The Administrator shall, in coordination with the National Science Foundation, National Aeronautics and Space Administration, National Oceanic and Atmospheric Administration, and other relevant agencies, initiate a research program to--CommentsClose CommentsPermalink





(1) conduct or supervise research projects on impacts of space weather to aviation, including communication, navigation, avionic systems, and on airline passengers and personnel; andCommentsClose CommentsPermalink





(2) facilitate the transfer of technology from space weather research programs to Federal agencies with operational responsibilities and to the private sector.CommentsClose CommentsPermalink





(b) Use of Grants or Cooperative Agreements- The Administrator may use grants or cooperative agreements in carrying out this section.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- In addition to amounts authorized to be appropriated by the amendments made by this Act, there is authorized to be appropriated $1,000,000 for each of the fiscal years 2008 through 2011 to carry out this section.CommentsClose CommentsPermalink

SEC. 911. AVIATION GAS RESEARCH AND DEVELOPMENT PROGRAM.

(a) Continuation of Program- The Administrator, in coordination with the NASA Administrator, shall continue research and development activities into technologies for modification of existing general aviation piston engines to enable their safe operation using unleaded aviation fuel.CommentsClose CommentsPermalink





(b) Roadmap- Not later than 120 days after the date of enactment of this Act, the Administrator shall develop a research and development roadmap for the program continued in subsection (a), containing the specific research and development objectives and the anticipated timetable for achieving the objectives.CommentsClose CommentsPermalink





(c) Report- Not later than 130 days after the date of enactment of this Act, the Administrator shall provide the roadmap specified in subsection (b) to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There is authorized to be appropriated $750,000 for each of the fiscal years 2008 through 2010 to carry out this section.CommentsClose CommentsPermalink

SEC. 912. RESEARCH REVIEWS AND ASSESSMENTS.

(a) Review of FAA's Energy- and Environment-Related Research Programs-CommentsClose CommentsPermalink





(1) STUDY- The Administrator shall enter into an arrangement with the National Research Council for a review of the FAA's energy- and environment-related research programs. The review shall assess whether--CommentsClose CommentsPermalink





(A) the programs have well-defined, prioritized, and appropriate research objectives;CommentsClose CommentsPermalink





(B) the programs are properly coordinated with the energy- and environment-related research programs of NASA, NOAA, and other relevant agencies;CommentsClose CommentsPermalink





(C) the programs have allocated appropriate resources to each of the research objectives; andCommentsClose CommentsPermalink





(D) there exist suitable mechanisms for transitioning the research results into the FAA's operational technologies and procedures and certification activities.CommentsClose CommentsPermalink





(2) REPORT- A report containing the results of the review shall be provided to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate within 18 months of the enactment of this Act.CommentsClose CommentsPermalink





(b) Assessment of the Impact of Space Weather on Aviation-CommentsClose CommentsPermalink





(1) STUDY- The Administrator shall enter into an arrangement with the National Research Council for a study of the impacts of space weather on the current and future United States aviation industry, and in particular, to examine the risks for Over-The-Pole (OTP) and Ultra-Long-Range (ULR) operations. The study shall--CommentsClose CommentsPermalink





(A) examine space weather impacts on at least the following areas: communications, navigation, avionics, and human health in flight;CommentsClose CommentsPermalink





(B) assess the benefits of space weather information and services to reduce aviation costs and maintain safety;CommentsClose CommentsPermalink





(C) provide recommendations on how NASA, NOAA, and the NSF can most effectively carry out research and monitoring activities related to space weather and aviation; andCommentsClose CommentsPermalink





(D) provide recommendations on how to integrate space weather information into the Next Generation Air Transportation System.CommentsClose CommentsPermalink





(2) REPORT- A report containing the results of the study shall be provided to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 1 year after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 913. REVIEW OF FAA'S AVIATION SAFETY-RELATED RESEARCH PROGRAMS.

(a) Review- The Administrator shall enter into an arrangement with the National Research Council for an independent review of the FAA's aviation safety-related research programs. The review shall assess whether--CommentsClose CommentsPermalink





(1) the programs have well-defined, prioritized, and appropriate research objectives;CommentsClose CommentsPermalink





(2) the programs are properly coordinated with the safety research programs of NASA and other relevant Federal agencies;CommentsClose CommentsPermalink





(3) the programs have allocated appropriate resources to each of the research objectives; andCommentsClose CommentsPermalink





(4) there exist suitable mechanisms for transitioning the research results from the programs into the FAA's operational technologies and procedures and certification activities in a timely manner.CommentsClose CommentsPermalink





(b) Aviation Safety-Related Research Programs to Be Assessed- The FAA aviation safety-related research programs to be assessed under the review shall include, at a minimum, the following:CommentsClose CommentsPermalink





(1) Air traffic control/technical operations human factors.CommentsClose CommentsPermalink





(2) Runway incursion reduction.CommentsClose CommentsPermalink





(3) Flightdeck/maintenance system integration human factors.CommentsClose CommentsPermalink





(4) Airports technology research--safety.CommentsClose CommentsPermalink





(5) Airport cooperative research program--safety.CommentsClose CommentsPermalink





(6) Weather program.CommentsClose CommentsPermalink





(7) Atmospheric hazards/digital system safety.CommentsClose CommentsPermalink





(8) Fire research and safety.CommentsClose CommentsPermalink





(9) Propulsion and fuel systems.CommentsClose CommentsPermalink





(10) Advanced materials/structural safety.CommentsClose CommentsPermalink





(11) Aging aircraft.CommentsClose CommentsPermalink





(12) Aircraft catastrophic failure prevention research.CommentsClose CommentsPermalink





(13) Aeromedical research.CommentsClose CommentsPermalink





(14) Aviation safety risk analysis.CommentsClose CommentsPermalink





(15) Unmanned aircraft systems research.CommentsClose CommentsPermalink





(16) Safe Flight 21--Alaska Capstone.CommentsClose CommentsPermalink





(c) Report- Not later than 14 months after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the review.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- In addition to amounts authorized to be appropriated by the amendments made by this Act, there is authorized to be appropriated $700,000 for fiscal year 2008 to carry out this section.CommentsClose CommentsPermalink

SEC. 914. RESEARCH PROGRAM ON ALTERNATIVE JET FUEL TECHNOLOGY FOR CIVIL AIRCRAFT.

(a) Establishment of Research Program- Using amounts made available under section 48102(a) of title 49, United States Code, the Secretary of Transportation shall establish a research program related to developing jet fuel from alternative sources (such as coal, natural gas, biomass, ethanol, butanol, and hydrogen) through grants or other measures authorized under section 106(l)(6) of such title, including reimbursable agreements with other Federal agencies.CommentsClose CommentsPermalink





(b) Participation by Educational and Research Institutions- In conducting the program, the Secretary shall provide for participation by educational and research institutions that have existing facilities and experience in the development and deployment of technology for alternative jet fuels.CommentsClose CommentsPermalink





(c) Designation of Institute as a Center of Excellence- Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall designate an institution described in subsection (a) as a Center of Excellence for Alternative Jet Fuel Research.CommentsClose CommentsPermalink

SEC. 915. CENTER FOR EXCELLENCE IN AVIATION EMPLOYMENT.

(a) Establishment- The Administrator shall establish a Center for Excellence in Aviation Employment (in this section referred to as the `Center').CommentsClose CommentsPermalink





(b) Applied Research and Training- The Center shall conduct applied research and training on--CommentsClose CommentsPermalink





(1) human performance in the air transportation environment;CommentsClose CommentsPermalink





(2) air transportation personnel, including air traffic controllers, pilots, and technicians; andCommentsClose CommentsPermalink





(3) any other aviation human resource issues pertinent to developing and maintaining a safe and efficient air transportation system.CommentsClose CommentsPermalink





(c) Duties- The Center shall--CommentsClose CommentsPermalink





(1) in conjunction with the Collegiate Training Initiative and other air traffic controller training programs, develop, implement, and evaluate a comprehensive, best-practices based training program for air traffic controllers;CommentsClose CommentsPermalink





(2) work with the Office of Human Resource Management of the FAA as that office develops and implements a strategic recruitment and marketing program to help the FAA compete for the best qualified employees and incorporate an employee value proposition process that results in attracting a broad-based and diverse aviation workforce in mission critical positions, including air traffic controller, aviation safety inspector, airway transportation safety specialist, and engineer;CommentsClose CommentsPermalink





(3) through industry surveys and other research methodologies and in partnership with the `Taskforce on the Future of the Aerospace Workforce' and the Secretary of Labor, establish a baseline of general aviation employment statistics for purposes of projecting and anticipating future workforce needs and demonstrating the economic impact of general aviation employment;CommentsClose CommentsPermalink





(4) conduct a comprehensive analysis of the airframe and powerplant technician certification process and employment trends for maintenance repair organization facilities, certificated repair stations, and general aviation maintenance organizations;CommentsClose CommentsPermalink





(5) establish a best practices model in aviation maintenance technician school environments; andCommentsClose CommentsPermalink





(6) establish a workforce retraining program to allow for transition of recently unemployed and highly skilled mechanics into aviation employment.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this section. Such sums shall remain available until expended.CommentsClose CommentsPermalink

TITLE X--AIRPORT AND AIRWAY TRUST FUND FINANCING

SEC. 1001. SHORT TITLE.

This title may be cited as the `Airport and Airway Trust Fund Financing Act of 2007'.CommentsClose CommentsPermalink

SEC. 1002. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.

(a) Rate of Tax on Aviation-Grade Kerosene and Aviation Gasoline-CommentsClose CommentsPermalink





(1) AVIATION-GRADE KEROSENE- Subparagraph (A) of section 4081(a)(2) of the Internal Revenue Code of 1986 (relating to rates of tax) is amended by striking `and' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting `, and', and by adding at the end the following new clause:CommentsClose CommentsPermalink





`(iv) in the case of aviation-grade kerosene, 35.9 cents per gallon.'.CommentsClose CommentsPermalink





(2) AVIATION GASOLINE- Clause (ii) of section 4081(a)(2)(A) of such Code is amended by striking `19.3 cents' and inserting `24.1 cents'.CommentsClose CommentsPermalink





(3) FUEL REMOVED DIRECTLY INTO FUEL TANK OF AIRPLANE USED IN NONCOMMERCIAL AVIATION- Subparagraph (C) of section 4081(a)(2) of such Code is amended to read as follows:CommentsClose CommentsPermalink





`(C) TAXES IMPOSED ON FUEL USED IN COMMERCIAL AVIATION- In the case of aviation-grade kerosene which is removed from any refinery or terminal directly into the fuel tank of an aircraft for use in commercial aviation by a person registered for such use under section 4101, the rate of tax under subparagraph (A)(iv) shall be 4.3 cents per gallon.'.CommentsClose CommentsPermalink





(4) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Clause (iii) of section 4081(a)(2)(A) of such Code is amended by inserting `other than aviation-grade kerosene' after `kerosene'.CommentsClose CommentsPermalink





(B) The following provisions of such Code are each amended by striking `kerosene' and inserting `aviation-grade kerosene':CommentsClose CommentsPermalink





(i) Section 4081(a)(3)(A)(ii).CommentsClose CommentsPermalink





(ii) Section 4081(a)(3)(A)(iv).CommentsClose CommentsPermalink





(iii) Section 4081(a)(3)(D).CommentsClose CommentsPermalink





(C) Section 4081(a)(3)(D) of such Code is amended--CommentsClose CommentsPermalink





(i) by striking `paragraph (2)(C)(i)' in clause (i) and inserting `paragraph (2)(C)', andCommentsClose CommentsPermalink





(ii) by striking `paragraph (2)(C)(ii)' in clause (ii) and inserting `paragraph (2)(A)(iv)'.CommentsClose CommentsPermalink





(D) Section 4081(a)(4) of such Code is amended in the heading by striking `KEROSENE' and inserting `AVIATION-GRADE KEROSENE'.CommentsClose CommentsPermalink





(E) Section 4081(d)(2) of such Code is amended by inserting `, (a)(2)(A)(iv),' after `subsections (a)(2)(A)(ii)'.CommentsClose CommentsPermalink





(b) Extension-CommentsClose CommentsPermalink





(1) FUELS TAXES- Paragraph (2) of section 4081(d) of such Code is amended by striking `gallon--' and all that follows and inserting `gallon after September 30, 2011'.CommentsClose CommentsPermalink





(2) TAXES ON TRANSPORTATION OF PERSONS AND PROPERTY-CommentsClose CommentsPermalink





(A) PERSONS- Clause (ii) of section 4261(j)(1)(A) of such Code is amended by striking `September 30, 2007' and inserting `September 30, 2011'.CommentsClose CommentsPermalink





(B) PROPERTY- Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking `September 30, 2007' and inserting `September 30, 2011'.CommentsClose CommentsPermalink





(c) Exemption for Aviation-Grade Kerosene Removed Into an Aircraft- Subsection (e) of section 4082 of such Code is amended--CommentsClose CommentsPermalink





(1) by striking `kerosene' and inserting `aviation-grade kerosene',CommentsClose CommentsPermalink





(2) by striking `section 4081(a)(2)(A)(iii)' and inserting `section 4081(a)(2)(A)(iv)', andCommentsClose CommentsPermalink





(3) by striking `Kerosene' in the heading and inserting `Aviation-Grade Kerosene'.CommentsClose CommentsPermalink





(d) Retail Tax on Aviation Fuel-CommentsClose CommentsPermalink





(1) EXEMPTION FOR PREVIOUSLY TAXED FUEL- Paragraph (2) of section 4041(c) of such Code is amended by inserting `at the rate specified in subsection (a)(2)(A)(iv) thereof' after `section 4081'.CommentsClose CommentsPermalink





(2) RATE OF TAX- Paragraph (3) of section 4041(c) of such Code is amended to read as follows:CommentsClose CommentsPermalink





`(3) RATE OF TAX- The rate of tax imposed by this subsection shall be the rate of tax in effect under section 4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any sale or use for commercial aviation).'.CommentsClose CommentsPermalink





(e) Refunds Relating to Aviation-Grade Kerosene-CommentsClose CommentsPermalink





(1) KEROSENE USED IN COMMERCIAL AVIATION- Clause (ii) of section 6427(l)(4)(A) of such Code is amended by striking `specified in section 4041(c) or 4081(a)(2)(A)(iii), as the case may be,' and inserting `so imposed'.CommentsClose CommentsPermalink





(2) KEROSENE USED IN AVIATION- Paragraph (4) of section 6427(l) of such Code is amended--CommentsClose CommentsPermalink





(A) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B), andCommentsClose CommentsPermalink





(B) by amending subparagraph (B), as redesignated by subparagraph (A), to read as follows:CommentsClose CommentsPermalink





`(B) PAYMENTS TO ULTIMATE, REGISTERED VENDOR- With respect to any kerosene used in aviation (other than kerosene to which paragraph (6) applies), if the ultimate purchaser of such kerosene waives (at such time and in such form and manner as the Secretary shall prescribe) the right to payment under paragraph (1) and assigns such right to the ultimate vendor, then the Secretary shall pay (without interest) the amount which would be paid under paragraph (1) to such ultimate vendor, but only if such ultimate vendor--CommentsClose CommentsPermalink





`(i) is registered under section 4101, andCommentsClose CommentsPermalink





`(ii) meets the requirements of subparagraph (A), (B), or (D) of section 6416(a)(1).'.CommentsClose CommentsPermalink





(3) AVIATION-GRADE KEROSENE NOT USED IN AVIATION- Subsection (l) of section 6427 of such Code is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph:CommentsClose CommentsPermalink





`(5) REFUNDS FOR AVIATION-GRADE KEROSENE NOT USED IN AVIATION- If tax has been imposed under section 4081 at the rate specified in section 4081(a)(2)(A)(iv) and the fuel is used other than in an aircraft, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the amount of tax imposed on such fuel reduced by the amount of tax that would be imposed under section 4041 if no tax under section 4081 had been imposed.'.CommentsClose CommentsPermalink





(4) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Section 6427(i)(4) of such Code is amended--CommentsClose CommentsPermalink





(i) by striking `(4)(C)' the first two places it occurs and inserting `(4)(B)', andCommentsClose CommentsPermalink





(ii) by striking `, (l)(4)(C)(ii), and' and inserting `and'.CommentsClose CommentsPermalink





(B) Section 4082(d)(2)(B) of such Code is amended by striking `6427(l)(5)(B)' and inserting `6427(l)(6)(B)'.CommentsClose CommentsPermalink





(f) Airport and Airway Trust Fund-CommentsClose CommentsPermalink





(1) EXTENSION OF TRUST FUND AUTHORITIES-CommentsClose CommentsPermalink





(A) EXPENDITURES FROM TRUST FUND- Paragraph (1) of section 9502(d) of such Code is amended--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A) by striking `October 1, 2007' and inserting `October 1, 2011', andCommentsClose CommentsPermalink





(ii) in subparagraph (A) by inserting `or the FAA Reauthorization Act of 2007' before the semicolon at the end.CommentsClose CommentsPermalink





(B) LIMITATION ON TRANSFERS TO TRUST FUND- Paragraph (2) of section 9502(f) of such Code is amended by striking `October 1, 2007' and inserting `October 1, 2011'.CommentsClose CommentsPermalink





(2) TRANSFERS TO TRUST FUND- Subparagraph (C) of section 9502(b)(1) of such Code is amended to read as follows:CommentsClose CommentsPermalink





`(C) section 4081 with respect to aviation gasoline and aviation-grade kerosene, and'.CommentsClose CommentsPermalink





(3) TRANSFERS ON ACCOUNT OF CERTAIN REFUNDS-CommentsClose CommentsPermalink





(A) IN GENERAL- Subsection (d) of section 9502 of such Code is amended--CommentsClose CommentsPermalink





(i) in paragraph (2) by striking `(other than subsection (l)(4) thereof)', andCommentsClose CommentsPermalink





(ii) in paragraph (3) by striking `(other than payments made by reason of paragraph (4) of section 6427(l))'.CommentsClose CommentsPermalink





(B) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(i) Section 9503(b)(4) of such Code is amended by striking `or' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a comma, and by inserting after subparagraph (D) the following:CommentsClose CommentsPermalink





`(E) section 4081 to the extent attributable to the rate specified in clause (ii) or (iv) of section 4081(a)(2)(A), orCommentsClose CommentsPermalink





`(F) section 4041(c).'.CommentsClose CommentsPermalink





(ii) Section 9503(c) of such Code is amended by striking the last paragraph (relating to transfers from the Trust Fund for certain aviation fuel taxes).CommentsClose CommentsPermalink





(iii) Section 9502(a) of such Code is amended by striking `, section 9503(c)(7),'.CommentsClose CommentsPermalink





(4) TRANSFERS ON ACCOUNT OF AVIATION-GRADE KEROSENE NOT USED IN AVIATION- Section 9502(d) of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(7) TRANSFERS FROM AIRPORT AND AIRWAY TRUST FUND ON ACCOUNT OF AVIATION-GRADE KEROSENE NOT USED IN AVIATION- The Secretary of the Treasury shall pay from time to time from the Airport and Airway Trust Fund into the Highway Trust Fund amounts as determined by the Secretary of the Treasury equivalent to amounts transferred to the Airport and Airway Trust Fund with respect to aviation-grade kerosene not used in aviation.'.CommentsClose CommentsPermalink





(5) EXPENDITURES FOR AIR TRAFFIC CONTROL MODERNIZATION- Section 9502(d) of such Code, as amended by this title, is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(8) EXPENDITURES FOR AIR TRAFFIC CONTROL MODERNIZATION- The following amounts may be used only for making expenditures to carry out air traffic control modernization:CommentsClose CommentsPermalink





`(A) So much of the amounts appropriated under subsection (b)(1)(C) as the Secretary estimates are attributable to--CommentsClose CommentsPermalink





`(i) 14.1 cents per gallon of the tax imposed at the rate specified in section 4081(a)(2)(A)(iv) in the case of aviation-grade kerosene used other than in commercial aviation (as defined in section 4083(b)), andCommentsClose CommentsPermalink





`(ii) 4.8 cents per gallon of the tax imposed at the rate specified in section 4081(a)(2)(A)(ii) in the case of aviation gasoline used other than in commercial aviation (as so defined).CommentsClose CommentsPermalink





`(B) Any amounts credited to the Airport and Airway Trust Fund under section 9602(b) with respect to amounts described in this paragraph.'.CommentsClose CommentsPermalink





(g) Effective Date-CommentsClose CommentsPermalink





(1) MODIFICATIONS- Except as provided in paragraph (2), the amendments made by this section shall apply to fuels removed, entered, or sold after December 31, 2007.CommentsClose CommentsPermalink





(2) EXTENSIONS- The amendments made by subsections (b) and (f)(1) shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink





(h) Floor Stocks Tax-CommentsClose CommentsPermalink





(1) IMPOSITION OF TAX- In the case of aviation fuel which is held on January 1, 2008, by any person, there is hereby imposed a floor stocks tax on aviation fuel equal to--CommentsClose CommentsPermalink





(A) the tax which would have been imposed before such date on such fuel had the amendments made by this section been in effect at all times before such date, reduced byCommentsClose CommentsPermalink





(B) the sum of--CommentsClose CommentsPermalink





(i) the tax imposed before such date on such fuel under section 4081 of the Internal Revenue Code of 1986, as in effect on such date, andCommentsClose CommentsPermalink





(ii) in the case of kerosene held exclusively for such person's own use, the amount which such person would (but for this clause) reasonably expect (as of such date) to be paid as a refund under section 6427(l) of such Code with respect to such kerosene.CommentsClose CommentsPermalink





(2) LIABILITY FOR TAX AND METHOD OF PAYMENT-CommentsClose CommentsPermalink





(A) LIABILITY FOR TAX- A person holding aviation fuel on January 1, 2008, shall be liable for such tax.CommentsClose CommentsPermalink





(B) TIME AND METHOD OF PAYMENT- The tax imposed by paragraph (1) shall be paid on April 30, 2008, and in such manner as the Secretary of the Treasury shall prescribe.CommentsClose CommentsPermalink





(3) TRANSFER OF FLOOR STOCK TAX REVENUES TO TRUST FUNDS- For purposes of determining the amount transferred to the Airport and Airway Trust Fund, the tax imposed by this subsection shall be treated as imposed by the provision of section 4081 of the Internal Revenue Code of 1986 which applies with respect to the aviation fuel involved.CommentsClose CommentsPermalink





(4) DEFINITIONS- For purposes of this subsection--CommentsClose CommentsPermalink





(A) AVIATION FUEL- The term `aviation fuel' means aviation-grade kerosene and aviation gasoline, as such terms are used within the meaning of section 4081 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(B) HELD BY A PERSON- Aviation fuel shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made).CommentsClose CommentsPermalink





(C) SECRETARY- The term `Secretary' means the Secretary of the Treasury or the Secretary's delegate.CommentsClose CommentsPermalink





(5) EXCEPTION FOR EXEMPT USES- The tax imposed by paragraph (1) shall not apply to any aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax is allowable under the Internal Revenue Code of 1986 for such use.CommentsClose CommentsPermalink





(6) EXCEPTION FOR CERTAIN AMOUNTS OF FUEL-CommentsClose CommentsPermalink





(A) IN GENERAL- No tax shall be imposed by paragraph (1) on any aviation fuel held on January 1, 2008, by any person if the aggregate amount of such aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph.CommentsClose CommentsPermalink





(B) EXEMPT FUEL- For purposes of subparagraph (A), there shall not be taken into account any aviation fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (6).CommentsClose CommentsPermalink





(C) CONTROLLED GROUPS- For purposes of this subsection--CommentsClose CommentsPermalink





(i) CORPORATIONS-CommentsClose CommentsPermalink





(I) IN GENERAL- All persons treated as a controlled group shall be treated as 1 person.CommentsClose CommentsPermalink





(II) CONTROLLED GROUP- The term `controlled group' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase `more than 50 percent' shall be substituted for the phrase `at least 80 percent' each place it appears in such subsection.CommentsClose CommentsPermalink





(ii) NONINCORPORATED PERSONS UNDER COMMON CONTROL- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control if 1 or more of such persons is not a corporation.CommentsClose CommentsPermalink





(7) OTHER LAWS APPLICABLE- All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code on the aviation fuel involved shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section.CommentsClose CommentsPermalink

Passed the House of Representatives September 20, 2007.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk. LORRAINE C. MILLER, CommentsClose CommentsPermalink

110th CONGRESS 1st Session H. R. 2881 AN ACT

To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2008 through 2011, to improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes.CommentsClose CommentsPermalink